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<br />(iii) execute and deliver to Buyer a non-foreign affidavit in recordable <br />form containing such information as is required under IRC Section 1445(b)(2) <br />and any regulations relating thereto; <br /> <br />(iv) provide Buyer or Title, as defined in Section 10 with the <br />information necessary to complete a Minnesota Certificate of Real Estate Value; <br />and <br /> <br />(v) payor provide evidence of payment of the following: the cost of <br />providing the Evidence of Title as defined in Section 12; the State Deed Tax due <br />upon the execution of the deed described in Section 9; real estate taxes and, if <br />applicable, levied or pending special assessments pursuant to the provisions of <br />Section 14; the fee or commission Buyer owes to Buyer's Agent, as defined in <br />Section l6(b), up to but not in excess of 4% of the Purchase Price; and one-half of <br />Title's fee to conduct and insure the closing of this transaction. <br /> <br />b. Buyer must: <br /> <br />(i) Tender the Purchase Price to Seller pursuant to the provisions of <br />Section 6 above; and <br /> <br />(ii) Payor provide evidence of payment of the following: the premium <br />for Buyer's owner's policy of title insurance, if any; the changes for any <br />endorsements to Buyer's title insurance policy that Buyer elects to purchase; the <br />recording fee due upon the recording the deed from Seller to Buyer; all costs <br />associated with Buyer's financing, if any, including mortgagee's title insurance <br />policy costs and premiums, if any; any fee or commission Buyer owes to Buyer's <br />Agent in excess of 4% of the Purchase Price; and one-half of Title's fee to conduct <br />and insure the closing of this transaction. <br /> <br />12. Evidence of Title. Within U days of the date of this Agreement, <br />Seller must, at Seller's sole cost and expense, deliver to Buyer a .commitment from <br />("Title") to issue an ALTA Form <br />1992 Owner's Policy of Title Insurance, in the amount of the Purchase Price, identifying Buyer <br />as the proposed insured (the "Title Commitment"). After receiving the Title Commitment, Seller <br />will promptly forward the Title Commitment to and instruct <br />to prepare ALTAlACSM survey (the "Survey") of the Property certified to Seller, Buyer, and <br />Title. Buyer may instruct to also certify the survey to Buyer's lender. Seller will <br />pay the cost of the base ALTAlACSM survey. If Buyer requests that additional items be <br />included in the survey including, hq.t not limited to, "Table A" items, Buyer must pay any <br />additional fees or cost associated with the additional survey work. The Title Commitment and <br />Survey are referred to, collectively, in this Agreement as the "Evidence of Title." <br /> <br />13. Examination of Title. Within ten (10) business days of Buyer's receipt of the last <br />item of the Evidence of Title or within ten (10) days of Buyer's discovery of a defect in the <br />marketability of Seller's title to the Property which defect was not reasonably ascertainable from <br />the Evidence of Title, Buyer may give Seller written notice of alleged defect(s) in the <br /> <br />1787610vl <br /> <br />5 <br />