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notice to the Sellers that the contingencies at a., b. and c. are duly satisfied or waived, the Buyer and <br />the Sellers shall proceed to close the transaction as contemplated herein. <br />If one or more of the Buyer's or the Sellers' contingencies is not satisfied, or is not satisfied on time, <br />and is not waived, this Agreement shall thereupon be void at the written option of the Buyer and <br />the Sellers shall return the Earnest Money to the Buyer, and the Buyer and the Sellers shall execute <br />and deliver to each other a termination of this Agreement. As a contingent Agreement, the <br />termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. <br />seq. <br />4. Title Examination/Curing Title Defects. As soon as reasonably possible after <br />execution of this Agreement by both parties: <br />(a) The Sellers shall surrender any abstract of title, certificate of title, or a copy of <br />any owner's title insurance policy for the Property, if in the Sellers' possession or control, to the <br />Buyer or to the Buyer's designated title service provider; and <br />(b) The Buyer shall obtain the title evidence determined necessary or desirable by the <br />Buyer. <br />The Buyer shall have 20 days from the date it receives such title evidence and a fully <br />executed Purchase Agreement to raise any objections to title it may have. Objections not made <br />within such time will be deemed waived. The Sellers shall have 90 days from the date of such <br />objection to affect a cure; provided, however, that the Sellers shall have no obligation to cure any <br />objections, and may inform the Buyer of such. The Buyer may then elect to close <br />notwithstanding the uncured objections or declare this Agreement null and void, and the parties <br />will thereby be released from any further obligation hereunder. <br />5. Environmental Investigation. The Sellers warrant that the Property has not <br />been used for production, storage, deposit, or disposal of any toxic or hazardous waste or <br />substance, petroleum product, or asbestos product during the period of time the Sellers have <br />owned the Property. The Sellers fiuther warrant that the Sellers have no knowledge or <br />information of any fact which would indicate the Property was used for production, storage, <br />deposit, or disposal of any toxic or hazardous waste or substance, petroleum product, or asbestos <br />product prior to the date the Sellers purchased the Property. <br />The Sellers hereby grant to the Buyer and the Buyer's agents a license to enter and evaluate the <br />Property for the purpose of conducting an environmental assessment. Further, the Buyer or the <br />Buyer's agent shall have the right pursuant to the license to bring persons and equipment onto <br />the Property, make inspections and perform tests and analyses as the Buyer may deem <br />reasonable to determine the presence of any toxic or hazardous waste, substance, or petroleum <br />product or asbestos product, and ascertain soil conditions on the Property. The Buyer shall bear <br />the cost of the environmental assessment. If the results of the environmental assessment are not <br />to the satisfaction of the Buyer, the Buyer at its sole discretion may cancel this Agreement. If the <br />Buyer cancels this Agreement pursuant to this provision, the Buyer shall restore the Property to <br />its original condition or nearly so as is reasonably practicable. <br />3 <br />525535v2 S1S ELI 85-48 <br />