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shall pay on Date of Closing or provide for payment of any deferred real estate tax (including <br />"Green Acres" taxes under Minn. Stat. § 273.1.11) payment of which is requ>red as a result of <br />Closing of this sale and the recording of the Deed. Provision for a the <br />payment <br />into escrow of 1.5 times the estimated payoffamount of the deferred taxes. Any documentary tax <br />or real property transfer tax arising out of the conveyance of the Subject Property shall be paid <br />by Seller. The escrow and closing fee(s) charged by Escrow Holder shall be paid by Seller. <br />Other fees and charges not otherwise allocated in this Agreement shall be paid by Seller. <br />12. —Nod ces. All notices pertaining to this Agreement shall be in writing delivered to <br />the parties hereto Personally by hand, telecopier, courier service or Express Mail, Or by first class <br />mail, postage prepaid, at the addresses set forth in Recital A. All notices shall be deemed given <br />when deposited in the mail, first class Postage <br />delivered b hand, p° g Pr�al� addressed to the party to be notified; or if <br />Y d, telecopier, courier service or Express Mail, shall be deemed given when <br />delivered. The parties may, by notice as provided above deli <br />notice shall be given. grate a different address to which <br />13. Attornovs, Fees. If any legal action is brought by either party to enforce any <br />provision of this Agreement, the Prevailing <br />reasonable attorneys, fees and court costs in psucchh amounts as shall be shall be allowed tled to recover by the court partym the other <br />14. Remedies U n Default. In the event Buyer defaults in the erfonnan <br />of Buyer's obligations under this Agreement, Seller shall, in addition and hof any <br />remedies provided in this Agreemenother <br />t, including the right to retain Deposit, or at law or in equity, <br />; <br />have the right of specific <br />performance against Buyer. In the event Seller defaults in the <br />Performance of any of Seller's obligations under this A <br />and all other remedies greement, Buyer shall, in addition to any <br />provided in this Agreement, or at law or in equity, have the right of <br />specific performance against Seller. <br />15. No Broker's Commission. Each party represents to the other that it has not used <br />a real estate broker in connection with this Agreement or the <br />Agreement. In the event any person asserts a claim for a broker's acommissionn orrn col ated finder's feby e <br />against one of the parties to this Agreement, the party on accounf of whose conduct the claim is <br />asserted will hold the other party harmless from said claim. <br />16. Time of the Essence. Time is of the essence of this Agreement <br />17. Binding on Successors. This Agreement shall be binding not only upon the <br />Parties hereto, but also upon their heirs, personal representatives, assigns, and other successors in <br />interest. <br />18. Additional Documents. Seller and Buyer agree to execute such additional <br />documents, including escrow instructions, as may be reasonable and necessary to cavy out the <br />Provisions of this Agreement. <br />178009v4 <br />7 <br />