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5.7. SR 04-04-2011
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5.7. SR 04-04-2011
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relating to Buyer's activities pursuant to this paragraph. Buyer shall repair and <br />restore any damage to the Property caused by or occurring during Buyer's <br />Inspection and return the Property to substantially the same condition as existed <br />prior to such Inspection. Buyer will have determined, in its sole discretion, that it <br />is satisfied with the results of such Inspection. <br />d. Re~~iew of Documents. Within fifteen (15) days after execution of this <br />Agreement, Seller shall deliver to Buyer true, correct, and complete copies of all <br />written documents, reports, tests, maps, surveys, plats, tax statements, contracts, <br />agreements, restrictive covenants and all other information related to the Property <br />(collectively the "Documents"), if any, including, but not limited to the results of <br />any and all studies, reports, monitoring, tests, analysis, correspondence with <br />governmental agencies, or other documents in its possession or initiated by Seiler <br />or otherwise known to Seller and pertaining to the existence of hazardous <br />materials, compliance with wetland or environmental laws, soil conditions, or to <br />any other environmental concern relating to the Property. Buyer will have <br />determined, in its sole discretion, it is satisfied with the results of such review of <br />the Documents. <br />e. Roads and Easements. Buyer shall have determined, in its sole discretion, that <br />the Property is or will be, within a time period acceptable to Buyer, serviced by <br />all necessary and adequately sized roads and/or easements. Easements for access <br />aisles for vehicular and pedestrian ingress and egress shall be secured by Seller to <br />Buyer from First I~Tational Bank of Elk River, owner of The Waterfall Tanning & <br />Spa, owner of the Sunshine Depot and from Seller over property to the North and <br />West of the Property being purchased herein as depicted on the attached Exhibit <br />B. <br />Seller shall also amend the Declaration executed by Seller dated April 17, 2010, <br />to remove Article II (sic) No Public Dedication. <br />f. Representations and Warranties. All of Seller's representations and warranties <br />contained in this Agreement are true and correct as of the Closing Date. <br />g. Release of Reservation of Easement. Release by Seller of Reservation of <br />Easement contained in Declaration Book 65, No. 65505, which reserved an <br />easement to Seller over property owned by Buyer adjacent to the Property being <br />purchased herein. <br />The Contingency Date shall be the Closing Date. If any contingency has not been satisfied or <br />waived, in Buyer's sole discretion, on or before the Contingency Date (except for the title <br />contingency in Section 3(a) which will be satisfied according to this Agreement's specific <br />terms), then Buyer may terminate this Agreement by written notice to the Seller given at any <br />time on or before the Contingency Date. Upon termination under this Section 3, all Earnest <br />Money and accrued interest shall be promptly refunded to Buyer, this Agreement will terminate, <br />the parties will sign a cancellation of this Agreement, and neither party will have any further <br />GP:2945285 v4 2 <br />
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