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COMMERCIAL PURCHASE AGREEMENT <br /> 39. Page 2 Date 06/10/13 <br /> 40. Property located at Parcel Al <br /> 41. REAL ESTATE TAXES:Real estate taxes due and payable in the year of closing shall be prorated between Seller and <br /> 42. Buyer on a calendar year basis to the actual date of closing unless otherwise provided in this Purchase Agreement. <br /> 43. Real estate taxes payable in the years prior to closing shall be paid by Seller. Real estate taxes payable in the years <br /> 44. subsequent to closing shall be paid by Buyer. <br /> 45. SPECIAL ASSESSMENTS: <br /> 46. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING © SELLER SHALL PAY <br /> 47. on the date of closing all installments of special assessments certified for payment with the real estate taxes due and <br /> 48. payable in the year of closing. <br /> 49. ❑ BUYER SHALL ASSUME 0 SELLER SHALL PAY ON DATE OF CLOSING all other special assessments <br /> ---- ---------- -----_.._- .__(Check one.)---- <br /> 50. levied as of the date of this Agreement. <br /> 51. ❑ BUYER SHALL ASSUME ® SELLER SHALL PROVIDE FOR PAYMENT OF special assessments <br /> -- -_--�_. ------ ------(Check one.)---- -- --- -- ---- <br /> 52. after the date of this Purchase Agreement and before the date of closing, Buyer may, at Buyer's option: <br /> 53. (a) assume payment of the pending special assessment without adjustment to the purchase price; <br /> 54. (b) require Seller to pay the pending special assessment(or escrow for payment of same a sum equal to 1 1/2 times <br /> 55. the projected pending assessment) and Buyer shall pay a commensurate increase in the purchase price of the <br /> 56. property,which increase shall be the same as the estimated amount of the assessment;or <br /> 57. (c) declare this Purchase Agreement terminated by written notice to Seller or licensee representing or assisting Seller. <br /> 58. If Buyer terminates this Purchase Agreement, Buyer and Seller shall immediately sign a cancellation of purchase <br /> 59. agreement directing all earnest money paid hereunder to be refunded to Buyer. Seller shall pay on date of closing <br /> 60. any deferred real estate taxes or special assessments payment of which is required as a result of the closing of <br /> 61: this sale. <br /> 62. POSSESSION:Seller shall deliver possession of the property no later than immediately after closing. <br /> 63. PRORATIONS:All items customarily prorated and adjusted in connection with the closing of the sale of the property <br /> 64. herein including but not limited to rents,operating expenses,interest on any debt assumed by Buyer,shall be prorated <br /> 65. as of the date of closing. It shall be assumed that Buyer will own the property for the entire date of the closing. <br /> 66. DAMAGES TO REAL PROPERTY: If there is any loss or damage to the property between the date hereof and the <br /> 67. date of closing,for any reason,the risk of loss shall be on Seller.If the property is destroyed or substantially damaged <br /> 68. before the closing,this Purchase Agreement shall terminate, at Buyer's option, if Buyer gives written notice to Seller <br /> 69. or licensee representing or assisting Seller of such termination within thirty (30) days of the damage. Upon said <br /> 70. termination,Buyer and Seller shall immediately sign a cancellation of purchase agreement directing all earnest money <br /> 71. paid hereunder to be refunded Buyer. <br /> 72. EXAMINATION OF TITLE: Within a reasonable time after acceptance of this Purchase Agreement, Seller shall <br /> 73. provide evidence of title to Buyer or Buyer's designated title service provider, which shall include proper searches <br /> 74. covering bankruptcies,state and federal judgments and liens,and levied and pending special assessments,as follows: <br /> 75. IF THE PROPERTY IS ABSTRACT, Seller shall provide either: <br /> 76. (a) a commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed to write <br /> 77. title insurance in Minnesota and Seller shall pay the costs of evidence of title for such title insurance policy,and Buyer <br /> 78. shall pay the premium for any owner's policy or lender's policy issued by the title insurance company, the title <br /> 79. examination fee and the fee for any endorsements or other coverages requested by Buyer;or <br /> 80. (b) Abstract of Title certified to date. <br /> 81. Seller shall pay for all abstracting fees and surrender any abstract in Seller's possession or control to Buyer at Closing. <br /> 82. IF THE PROPERTY IS TORRENS, Seller shall provide,at Buyer's option and request, either: <br /> 83, (a) a Registered Property Abstract certified to date;or <br /> 84. (b) a commitment for an owner's policy of title insurance on a current ALTA form issued by insurer licensed to write <br /> 85. title insurance in Minnesota. <br /> MNC:PA-2(10/12) <br /> i <br /> rorrns <br />