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<br />'( :'t-~~-c ~-- ~€-0.' 'fC( <br />~ L~"'\~ (.s c...~ \" '\ . p.:,S. L ",... <br />-nh~ "'3"~. -1,"~ bP"t~~;N ~ 9- ~!.) <br /> <br />01/07/94 <br /> <br />. <br /> <br />OPTION AGREEMENT <br /> <br />TIllS OPTION AGREEMENT is made this JQ. day of January, 1994, by and between <br />EARL H. HOHLEN and LORRAINE HOHLEN, husband and wife (referred to herein as the <br />"Seller"), and Associated Developers of the Twin Cities, Inc., a corporation under the laws of <br />Minnesota, with its principal address being 6801 West 150th Street, Apple Valley, Minnesota <br />55124 ("Purchaser"). <br /> <br />1. Grant of Option. In consideration of the sum of $5,000 received from Purchaser, <br />the Seller grants to the Purchaser the exclusive right and option to purchase, upon the terms and <br />conditions set forth below, the property situated in the City of Elk River, Sherburne County, <br />Minnesota, consisting of approximately sixty-eight (68) acres, as generally depicted in the <br />attached Exhibit A and as legally described on Exhibit A-I (the "Property"). <br /> <br />2. Exercise of Option. The Purchaser shall exercise this option, in whole or in part, <br />as provided for herein, no later than 12:00 noon, Central Standard Time, September 1, 1994, <br />by written notice of exercise to the Seller (the "Option Exercise Notice"). Unless extended as <br />hereinafter provided, after September 1, 1994, this option, to the extent not previously <br />exercised, shall lapse and be of nor further force or effect and Seller shall retain all monies paid <br />by Purchaser to Seller pursuant to this option. <br /> <br />. <br /> <br />3. Extension of Option Period. Purchaser shall have the right upon payment to <br />8eller of the sum of $5,000 in cash (the "Extension Payment"), to extend the term of this option <br />from September 1, 1994, through and including 12:00 noon, Central Standard Time, September <br />1, 1995, provided Extension Payment is delivered to Seller, together with a notice of Purchaser's <br />election to extend the option term, no later than 12:00 noon, Central Standard Time, September <br />1, 1994. As additional consideration for the extension of the term of this Option, the Purchaser <br />agrees to pay the second half of the real estate taxes due and payable during 1994 and the first <br />half of the real estate taxes due and payable during 1995 on the Property. <br /> <br />Unless previously exercised or extended in the manner set forth, this option shall expire <br />fmally and absolutely at 12:00 noon, Central Standard Time, on September 1, 1994 (the <br />"Expiration Date"), or if extended, at 12:00 noon, Central Standard Time, on September 1, <br />1995, and upon such expiration, neither party shall have any further rights, obligations, or <br />liabilities to the other hereunder; provided, however, that if on the Expiration Date any record <br />of any interest, right or claim of Purchaser shall appear in the land title records of Sherburne <br />County, Minnesota, or any other encumbrance, matter or document has been caused or allowed <br />to exist by Purchaser, to which an objection to title may be made by a subsequent purchaser or <br />mortgagee, then, at Seller's request, Purchaser shall provide Seller with (a) quit claim deeds in <br />favor of each of the Sellers, in recordable form executed by Purchaser conveying an undivided <br />one-half (1/2) interest in the Property to each Seller and (b) any other document required to <br />eliminate any other such defect, claim, lien or interest. <br /> <br />. <br /> <br />- 1 - <br />