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<br />actual knowledge of any proposed order, judgment, decree, <br />governmental taking, or other proceeding applicable to Seller <br />which might materially adversely affect the Property. <br />(h) Utilities. To the best of Seller's current actual knowledge, <br />Seiler has not received any written notice of the curtailment of <br />any utility service supplied to the Property. <br />(i) Zonin Seller has not requested, applied for, or given its <br />consent to, and to the best of Seller's current actual <br />knowledge, there are no pending requests for zoning <br />variances or changes with respect to the Property or its <br />zoning. <br />(j) Environmental Matters. To the best of Seller's current, actual <br />knowledge, there are no hazardous substances located on or <br />in the Property. Seller has no current actual knowledge of <br />any potential liability with respect to the clean up of any waste <br />disposal site on the Property. <br />6.2 Representations and Warranties of Buyer. Buyer hereby represents <br />and warrants to Seller as follows: <br />(a) Organization, Existence, Corporate Power and Action. Buyer <br />is a public entity duly organized, validly existing, and in good <br />standing under the laws of the State of Colorado and Buyer <br />has all requisite power and authority to enter into this <br />agreement, to perform its obligations hereunder and to <br />consummate the transactions contemplated hereby. <br />(b) Representations and Warranties. No representations or <br />warranty made by Buyer in this Agreement or any schedule or <br />exhibit attached hereto or in any certificate or other document <br />furnished by Buyer pursuant to this Agreement contains any <br />untrue statement of material factor omits any material fact. <br />12 <br />