Laserfiche WebLink
notice to the Seller that the contingencies at a., b. and c. are duly satisfied or waived, the Buyer and <br /> the Seller shall proceed to close the transaction as contemplated herein. <br /> If one or more of the Buyer's or the Seller's 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 Seller shall return the Earnest Money to the Buyer, and the Buyer and the Seller 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 Seller shall surrender any abstract of title, certificate of title, or a copy of any <br /> owner's title insurance policy for the Property, if in the Seller's 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 Seller shall have 90 days from the date of such <br /> objection to affect a cure; provided, however, that the Seller 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 Seller warrants 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 Seller has owned <br /> the Property. The Seller further warrants that the Seller has no knowledge or information of any <br /> fact which would indicate the Property was used for production, storage, deposit, or disposal of <br /> any toxic or hazardous waste or substance, petroleum product, or asbestos product prior to the <br /> date the Seller purchased the Property. <br /> The Seller hereby grants 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 /> 525527v2 SJS EL185-48 <br />