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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: Executive Director <br /> 2 <br />