2. HRSR 04-14-2020 - Laserfiche WebLink

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petroleum product,or asbestos product during the period of timetheSellerhas owned the Property. The Seller further warrantsthat the Seller hasno knowledge or information of any fact which would indicate the Property was used for production, storage, deposit,or disposal of any toxic or hazardous waste or substance, petroleum product,or asbestos product prior to the datetheSeller purchased the Property. The Seller represesents that there are no underground fuel storage tanks on the Property. The Seller hereby grantstotheBuyer andthe Buyer’s agents a license to enter and evaluate the Property for the purpose of conducting an environmentalassessment. Further,theBuyeror the Buyer’s agent shall have the right pursuant to the license to bring persons and equipment onto the Property, make inspections and perform tests and analyses astheBuyer may deem reasonable to determine the presence of any toxic or hazardous waste, substance, or petroleum product or asbestos product, and ascertain soil conditions on the Property. The Buyer shall bear the cost of the environmental assessment. If the results of the environmental assessment are not to the satisfaction oftheBuyer,the Buyerat its sole discretion may cancel this Agreement. If the Buyer cancels this Agreement pursuant to this provision,theBuyershall restore the Property to its original condition or nearly so as is reasonably practicable. 6.Real Estate Taxesand Special Assessments. Real estate taxes payable in the year of closing will be pro-rated between the Buyer and the Seller to the Closing Date. The Seller shall pay all real estate taxes payable in previous years, the entire unpaid balance of special assessments, and all installments of special assessments levied and pending, including special assessment installments payable after the year of closing. The Seller also agrees to pay all assessments related to service charges furnished to the Property prior to the Closing Date (e.g., delinquent water or sewer bills, removed or diseased trees), including those charges levied, pending, or certified to taxes payable in the year of closing. If closing occurs prior to the date the amount of real estate taxes due in the year of closing are available from Sherburne County, the current year’s taxes will be pro-rated based on the amount due in the prior year. 7.ClosingDate. The Closing Date will be on or before May 1, 2020. Delivery of all papers and the closing shall be made at the officesof the Buyer, 13065 Orono Parkway,Elk River, MN 55330, or at such other location as is mutually agreed upon by the parties. All deliveries and notices to the Buyer shall be made to the above address and marked to the attention of Amanda Othoudt. 8.Possession/Utilities/Removal of Property/Escrow. (a)Possession.The Buyer agrees to allow CRAG Enterprises, LLC, the current occupant of the Property, to remain on the Property after the Closing Date pursuant to the Escrow and Occupany Agreement set forth in Exhibit Bof this Agreement. The Seller agrees that, at closing, the Buyer may retain $5,000from the purchase price of the Property as an escrow for payment of the Buyer’s necessary actual out-of-pocket expenses related to personal property removal, disposal charges, and utility charges. The retained amount, less deductions provided for in this paragraph, will be delivered to the Seller no later than 60 days following the date of delivery of possession. Said funds shall be held by Kennedy & Graven, Chartered, asEscrow Agent pursuant to the terms of the Escrow and Occupancy Agreement. The Buyer’s ability to deduct 4