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ffiIBIT B <br /> t0 Form 1519CIPA 1 (New)Miller/Davis Co.,St.Paul,MN <br /> Contract for Marketing, COMMERCIAL-INDUSTRIAL <br /> Sale, and Development PURCHASE AGREEMENT <br /> This form approved by the Minnesota Association of <br /> 40 REALTORS®,which disclaims any liability arising <br /> out of use or misuse of this form. <br /> Date: <br /> RECEIVED OF <br /> the sum of ( )DOLLARS <br /> as earnest money and in part payment for the purchase of property <br /> (check,cash or note-state which) <br /> at situated in the <br /> County of ,State of Minnesota,and legally described as follows: <br /> together with the following personal property: <br /> all of which property the undersigned has this day sold to the Buyer for the sum of: <br /> ( )DOLLARS,which the Buyer agrees to pay in the following manner: <br /> Earnest money herein paid and cash,on ,the date of <br /> closing and the balance of by financing as shown on the attached addendum. <br /> 1. DEED/MARKETABLE TITLE: Subject to performance by the Buyer, the Seller agrees to execute and deliver a <br /> Warranty Deed conveying marketable title to said premises subject only to the following exceptions: <br /> (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of the premises <br /> without effective forfeiture provision.(c)Reservation of any minerals or mineral rights to the State of Minnesota.(d)Utility and drainage <br /> fibeasements which do not interfere with present improvements.(e)Rights of tenants as follows: <br /> 2. REAL ESTATE TAXES. Real estate taxes due and payable in the year of closing shall be prorated between Seller and Buyer on a calendar <br /> year basis to the actual date of closing unless otherwise provided in this Agreement.Real estate taxes payable in the years prior to closing shall <br /> be paid by Seller.Real estate taxes payable in the years subsequent to closing shall be paid by Buyer. <br /> 3. SPECIAL ASSESSMENTS. [strike out one.] BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING/ <br /> SELLER SHALL PAY on the date of closing all installments of special assessments certified for payment with the real estate taxes due and <br /> payable in the year of closing. <br /> [Strike out one.] BUYER SHALL ASSUME / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments <br /> levied as of the date of this Agreement. <br /> [Strike out one.] BUYER SHALL ASSUME / SELLER SHALL PROVIDE PAYMENT OF special assessments pending <br /> as of the date of this Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. <br /> (Seller's provision for payment shall be by payment into escrow of I V2 times the estimated amount of the assessments.) <br /> If a special assessment becomes pending after the date of this Agreement and before the date of closing, Buyer may, at Buyer's option: (a) <br /> Assume payment of the pending special assessment without adjustment to the purchase price;or(b)Require Seller to pay the pending special <br /> assessment(or escrow for payment of same a sum equal to 1''/ times the projected pending assessment)and Buyer shall pay a commensurate <br /> increase in the purchase price of the property,which increase shall be the same as the estimated amount of the assessment;or(c)Declare this <br /> Agreement null and void by notice to Seller,and earnest money shall be refunded to Buyer.Seller shall pay on date of closing any deferred real <br /> estate or special assessments payment of which is required as a result of the closing of this sale. <br /> 4. PRORATIONS.All items customarily prorated and adjusted in connection with the closing of the sale of the property herein including but not <br /> limited to rents,operating expenses,interest on any debt assumed by Buyer,shall be prorated as of the date of closing.It shall be assumed that <br /> the Buyer will own the property for the entire date of the closing. <br /> •5. DAMAGES TO REAL PROPERTY. If there is any loss or damage to the property between the date hereof and the date of closing,for any <br /> reason,the risk of loss shall be on the Seller.If the property is destroyed or substantially damaged before the closing,this Purchase Agreement <br /> shall become null and void, at Buyer's option. Buyer shall have the right to terminate this Purchase Agreement within 30 days after Seller <br /> notifies Buyer of such damage. Upon said termination, the earnest money shall be refunded to Buyer and Buyer and Seller agree to sign a <br /> cancellation of Purchase Agreement. <br /> MNCI:PA-1 (11/93) <br />