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6.1. EDSR 09-21-2020
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6.1. EDSR 09-21-2020
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9/18/2020 2:41:12 PM
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457530v2 SJS EL185-33 6 <br />days after receipt of said survey but in no event later than the Contingency Date. <br />The Buyer’s failure to make Objections within such time period will constitute a <br />waiver of Objections. However, any matter which is not referenced in the title <br />commitment and is first recorded, discovered or disclosed after the effective date of <br />the title commitment, may be objected to by the Buyer in the manner described <br />herein. If not sooner satisfied, the EDA shall cause the Property to be released from <br />any mortgages or other liens against the Property at the closing. Any matter shown <br />on such Title Evidence, other than a mortgage or other lien and not objected to by <br />the Buyer shall be a “Permitted Encumbrance” hereunder. Within seven days after <br />receipt of the Buyer’s Objections, the EDA shall notify the Buyer in writing if the <br />EDA elects not to cure the Objections. If such notice is given within said seven-day <br />period, the Buyer may either waive the Objections or terminate this Agreement by <br />giving written notice of termination to the EDA within 10 days after the EDA’s <br />notice is given to the Buyer. If written notice by the EDA is not given within the <br />10-day period, the EDA shall use commercially reasonable efforts to correct any <br />Objections within 30 days after the expiration of the 10-day period (“Cure Period”). <br />If the Title Company is willing to issue a title insurance policy to the Buyer that <br />does not except from title insurance coverage an item the Buyer has objected to, the <br />objection relating to such item shall be deemed cured. If the Objections are not <br />cured within the Cure Period, the Buyer shall have the option to do any of the <br />following: <br />Terminate this Agreement by giving written notice to the EDA within 108.2.1. <br />days after the expiration of the Cure Period and neither the EDA nor the <br />Buyer shall have further rights or obligations hereunder. In such event the <br />EDA shall return all earnest money to the Buyer. <br />Waive the objections and proceed to close without reduction in the8.2.2. <br />Purchase Price. <br />The Buyer shall make the election within 10 days after expiration of the EDA’s <br />Cure Period. A failure to make an election within such period shall be deemed an <br />election to proceed to close pursuant to subsection 8.2.2. <br />9.REPRESENTATIONS AND WARRANTIES BY THE EDA. The EDA <br />represents and warrants to the Buyer that the following are true in all material respects now and, <br />as modified by any changes about which the EDA notifies the Buyer in writing following after <br />the date hereof, will be true in all material respects on the Closing Date: <br />9.1.Authority. The EDA is a public body corporate and politic, duly created under and <br />subject to the laws of the State of Minnesota; the EDA has the requisite power and <br />authority to enter into and perform this Agreement and those EDA Closing <br />Documents signed by it; such documents have been or will be duly authorized by <br />all necessary action on the part of the EDA and have been or will be duly executed <br />and delivered; such execution, delivery and performance by the EDA of such <br />documents does not conflict with or result in a violation of any judgment, order, <br />or decree of any court or arbiter to which the EDA is a party; such documents are
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