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5.7. SR 04-04-2011
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5.7. SR 04-04-2011
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rights or obligations regarding this Agreement or the Property. Buyer reserves the right to waive <br />any of Buyer's contingencies contained in this Agreement. <br />4. Closing. The Closing will be held on or before April 29, 2011 (the "Closing <br />Date"). Sherburne County Abstract and Title Company, 351 Main Street, Elk River, MN 55330 <br />will be the title company ("Title Company") and the closing will take place at the offices of the <br />Title Company, or another mutually agreed upon location, at a time the parties mutually agree <br />upon. Seller agrees to deliver possession of the Property to Buyer not later than the Closing Date, <br />and Seller shall remove all debris, and personal property from the Property before the Closing <br />Date. <br />a. Seller's Closing Documents. On the Closing Date, Seller will execute and <br />deliver to Buyer the following documents ("Seller's Closing Documents"): <br />(I) Warranty Deed. A Warranty Deed in recordable form executed by Seller <br />conveying marketable fee title to the Property to Buyer free and clear of <br />all encumbrances, except the Permitted Encumbrances (as defined in this <br />Agreement) and such matters, if any, to which Buyer, at its option, may <br />consent to in writing. <br />(2) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the <br />Closing Date there are no outstanding, unsatisfied judgments, tax liens or <br />bankruptcies against or involving Seller or the Property; that there has <br />been no skill, labor or material furnished to the Property for which <br />payment has nat been made or for which mechanics' liens could be filed; <br />and that there are no other unrecorded interests in the Property, together <br />with whatever standard owner's affidavit and/or, indemnity (ALTA Form) <br />which maybe reasonably required by the Title Company to issue the Title <br />Policy. <br />(3) Abstract. The updated and current Abstract of Title regarding the <br />Property. <br />(4) IRS Reporting Form. Any required Federal Income Tax reporting forms. <br />(5) Well, Storage Tank & Septic Disclosures. Any well certificates, septic <br />system disclosures, or storage tank affidavits required by law or the Title <br />Company. <br />(6) Title Policy. The Title Policy or a suitably marked-up commitment for <br />title insurance initiated by the Title Company in the form required by this <br />Agreement at Buyer's expense. <br />(7) Easements. The Easements as required at paragraph 3e herein. <br />(8) Release of Reservation of Easement. The Release of Reservation of <br />Easement as required at paragraph 3g herein. <br />GP:2945285 v4 <br />
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