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7.0. EDSR 08-08-2005
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7.0. EDSR 08-08-2005
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8/8/2005
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• (iv) provide Buyer or Title, as defined in Section 12 with the <br /> information necessary to complete a Minnesota Certificate of Real Estate Value; <br /> and <br /> (v) pay or provide evidence of payment of the following: the cost of <br /> providing the Evidence of Title as defined in Section 12; the State Deed Tax due <br /> upon the execution of the deed described in Section 9; real estate taxes and, if <br /> applicable, levied or pending special assessments pursuant to the provisions of <br /> Section 14; the fee or commission Buyer owes to Buyer's Agent, as defined in <br /> Section 16(b), up to but not in excess of 4% of the Purchase Price; and one-half of <br /> Title's fee to conduct and insure the closing of this transaction. <br /> b. Buyer must: <br /> (1) Tender the Purchase Price to Seller pursuant to the provisions of <br /> Section 6 above; and <br /> (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; any fee or commission Buyer owes to Buyer's <br /> • Agent in excess of 4% of the Purchase Price; and one-half of Title's fee to conduct <br /> and insure the closing of this transaction. <br /> 12. Evidence of Title. Within fourteen(14) days of the date of this Agreement, <br /> Seller must, at Seller's sole cost and expense, deliver to Buyer a commitment from Sherburne <br /> County Abstract &Title, as agent for Old Republic National Title Insurance Company("Title") <br /> to issue an ALTA Form 1992 Owner's Policy of Title Insurance, in the amount of the Purchase <br /> Price, identifying Buyer as the proposed insured(the "Title Commitment"). After receiving the <br /> Title Commitment, Seller will promptly forward the Title Commitment to <br /> and instruct to prepare ALTA/ACSM survey(the "Survey") of the Property <br /> certified to Seller, Buyer, and Title. Buyer may instruct to also certify the survey <br /> to Buyer's lender. Seller will pay the cost of the base ALTA/ACSM survey. If Buyer requests <br /> that additional items be included in the survey including,but not limited to, "Table A" items, <br /> Buyer must pay any additional fees or cost associated with the additional survey work. The Title <br /> Commitment and Survey are referred to, collectively, in this Agreement as the "Evidence of <br /> Title." <br /> 13. Examination of Title. Within ten(10)business days of Buyer's receipt of the last <br /> item of the Evidence of Title or within ten(10) days of Buyer's discovery of a defect in the <br /> marketability of Seller's title to the Property which defect was not reasonably ascertainable from <br /> the Evidence of Title, Buyer may give Seller written notice of alleged defect(s) in the <br /> marketability of Seller's actual or record title to the Property and request that Seller make Seller's <br /> • title marketable (an "Objection"). The Permitted Encumbrances described in Sections 7(a) and <br /> 7(b)may not serve as a basis for an Objection. Any defect in the marketability of Seller's title to <br /> 1787559v3 5 <br />
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