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<br /> <br />(4): DOCUMENTS TO BE DELIVERED AT CLOSING BY THE SELLER. In <br />addition to the Warranty Deed required at paragraph 2B(3) above, the Seller <br />shall deliver to the Buyer: <br /> <br />a. Standard form Affidavit of Seller. <br /> <br />b. A “bring-down” certificate, certifying that all of the warranties made <br />by Seller in this Agreement remain true as of the Closing Date. <br /> <br />c. Certificate that the Seller is not a foreign national. <br /> <br />d. If an environmental investigation by or on behalf of the Buyer <br />discloses the existence of petroleum product or other pollutant, <br />contaminant or other hazardous substance on the Property, <br />either (i) a closure letter from the Minnesota Pollution Control <br />Agency (MPCA) or other appropriate regulatory authority that <br />remediation has been completed to the satisfaction of the MPCA or <br />other authority; or (ii) Agreement for remediation/indemnification <br />and security as the Buyer may require. <br /> <br />e. Well disclosure certification, if required, or, if there is no well on the <br />Property, the Warranty Deed given pursuant to paragraph 2B(3) <br />above must include the following statement: “The Seller certifies <br />that the Seller does not know of any wells on the described real <br />property.” <br /> <br />f. Methamphetamine Disclosure Certificate. <br /> <br />g. Any other documents reasonably required by the Buyer’s title <br />insurance company or attorney to evidence that title to the <br />Property is marketable and that the Seller has complied with the <br />terms of this Agreement. <br /> <br /> Contingencies. <br />3.TheBuyer’s obligation to buy is contingent upon the following: <br /> <br /> <br />a.The Buyer’s determination of marketable title pursuant to paragraph 4 of this <br />Agreement; <br /> <br /> <br />b.The Buyer’s determination, in its sole discretion, that the results of any <br />environmental investigation of the Property conducted pursuant to this <br />Agreement are satisfactory to the Buyer; and <br /> <br /> <br />c.Approval of this Agreement by the City Council; and <br /> <br /> <br />d.Termination by Seller of the lease affecting the Property. <br />2 <br /> <br />505045v34 SJS EL185-13 <br />