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9. Affiant has received no notice of any public hearing regarding assessment for <br />improvements or changes in applicable zoning laws concerning the Property <br />within the past ninety (90) days. <br />10. There are no unrecorded easements, claims of easement or rights-of-way by <br />Seller affecting all or any portion of the Property, except as disclosed herein and <br />as reflected in Schedule B -II of the title insurance policy described in paragraph <br />2, above. <br />11. For purposes of this Affidavit, the term "Environmental Law" shall mean any and <br />all applicable federal, state or local laws, statutes, ordinances, rules, regulations <br />or other governmental restrictions regulating, related to, or imposing liability or <br />standards of conduct concerning Hazardous Materials as hereinafter defined <br />("Environmental Law"). For purposes of this Affidavit, the term "Hazardous <br />Materials" shall mean any hazardous or toxic substance, material, or waste of <br />any kind or any other substance which is regulated by any Environmental Law. <br />Seller has not placed, or permitted to be placed, any Hazardous Materials on the <br />Property and Seller has no actual knowledge of any other person or entity <br />placing, or permitting to be placed, any Hazardous Materials on the Property. <br />Seller has no actual knowledge of any condition or circumstance relating to the <br />Property which requires or may, in the future, require cleanup, removal or other <br />remedial action or other response under Environmental Laws on the part of <br />Seller that would subject Seller or a subsequent owner of all or any portion of the <br />Property to liability, penalties, damages or injunctive relief. Seller has no actual <br />knowledge of any underground treatment, buried, partially buried or above <br />ground storage tanks, storage vessels, sumps, drums, containers, water, gas, or <br />oil wells, or landfills are or have ever been located on the Property. Seller has <br />never violated, and is presently in compliance with, all Environmental Laws <br />applicable to the Property and has not actual knowledge of any such violation by <br />others who have owned, occupied or possessed the Property. Seller has not <br />received any warning notice, notice of violation, administrative complaint, judicial <br />complaint or other formal or informal notice issued by any federal, state or local <br />environmental agency alleging that conditions on the Property are in violation of <br />any Environmental Law. <br />12. Seller states that this declaration was carefully read and is true and correct, and <br />is given pursuant to the requirements of that certain "ASSIGNMENT, <br />SETTLEMENT AND COVENANT AGREEMENT' dated as of April 8, 2008 by <br />and between THE GOVERNING BOARD OF THE ST. JOHNS RIVER WATER <br />MANAGEMENT DISTRICT and INDIAN RIVER County, a political subdivision of <br />the State of Florida. <br />FURTHER AFFIANT SAYETH NAUGHT. <br />By: <br />Title: <br />2 <br />Executive Director <br />