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5. EDSR 02-11-2013
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5. EDSR 02-11-2013
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2/11/2103
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(ii) Pay or provide evidence of payment of the following: the premium <br /> for Buyer's owner's policy of title insurance, if any;the changes for any <br /> endorsements to Buyer's title insurance policy that Buyer elects to purchase;the <br /> recording fee due upon the recording the deed from Seller to Buyer;all costs <br /> associated with Buyer's financing,if any, including mortgagee's title insurance <br /> policy costs and premiums, if any,and one-half of Title's fee to conduct and <br /> insure the closing of this transaction. <br /> 12. Evidence of Title. Within ten(10)business days of the Effective Date,Seller <br /> must,at Seller's sole cost and expense,deliver to Buyer a commitment from Sherburne County <br /> Abstract and Title("Title")to issue an ALTA Form 2006 Owner's Policy of Title Insurance,in <br /> the amount of the Purchase Price, identifying Buyer as the proposed insured(the"Title <br /> Commitment")as well as any so called"Schedule B-II documents". <br /> 13. Examination of Title. Within five(5)business days of Buyer's receipt of the <br /> Title Commitment,Buyer may give Seller written notice of alleged defect(s) in the marketability <br /> of title to the Property and request that Seller make Seller's title marketable(an"Objection"). <br /> Any defect in the marketability of Seller's title to the Property which Buyer does not object to, in <br /> writing,within the time period set forth above,is a Permitted Encumbrance. Seller will cure any <br /> mortgages,judgments, liens or incurred or created by Seller at or before the Date of Closing. Seller <br /> may,but will have no obligation to,cure any other Objection. If any other Objections remain <br /> uncured on the Contingency Date(as defined in Section 18),then Buyer may: <br /> a. terminate this Agreement pursuant to the procedures set forth in Section <br /> 23 below;or <br /> b. notify Seller that Buyer waives Buyer's Objection. If Buyer waives <br /> Buyer's Objection,the matter giving rise to such Objection will be deemed a Permitted <br /> Encumbrance and the Parties must fully perform their obligations under this Agreement. <br /> If Buyer does not timely notify Seller of Buyer's election to terminate this Agreement pursuant to <br /> subsection(a)above,then Buyer will be deemed to have waived all Objections(that Seller is not <br /> required to cure)and closing will occur as scheduled. <br /> 14. Real Estate Taxes and Special Assessments. The Parties must pay the real <br /> estate taxes(which term,as used in this Agreement,must include service charges assessed <br /> against real property on an annual basis pursuant to Minnesota Statutes 429.101)and special <br /> assessments as follows: <br /> a. On or before the Date of Closing,Seller must pay the real estate taxes, <br /> installments of special assessments and any penalties and interest thereon that are due and <br /> payable with respect to the Property,on or before the Date of Closing; <br /> b. On or before the Date of Closing,Seller must pay or provide for the <br /> payment of all installments of special assessments levied or pending against the Property <br /> as of the Date of Closing, including installments of special assessments certified for <br /> payment with the current year's real estate taxes;and <br /> 4 <br />
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