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COMMERCIAL PURCHASE AGREEMENT <br />37 <br />Property located at 413 <br />36. Page 2 Date February 2nd 2021 <br />Proctor Avenue NW Elk River 55330 <br />38. DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a: (Check one.) <br />39. X❑ WARRANTY DEED ❑ LIMITED WARRANTY DEED ❑ CONTRACT FOR DEED <br />40. ❑ OTHER: DEED conveying marketable title, subject to: <br />41. (a) building and zoning laws, ordinances, and state and federal regulations; <br />42. (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions; <br />43. (c) reservation of any mineral rights by the State of Minnesota or other government entity; <br />44. (d) utility and drainage easements which do not interfere with existing improvements; and <br />45. (e) others (must be specified in writing): <br />46. <br />47. TENANTS/LEASES: Property ❑ IS ❑X IS NOT subject to rights of tenants (if answer is IS, see attached Addendum <br />----(Check one.)------ <br />48. to Commercial Purchase Agreement: Due Diligence). <br />49. Seller shall not execute leases from the Date of this Purchase Agreement to the date of closing, the term of which lease <br />50. extends beyond the date of closing, without the prior written consent of Buyer. Buyer's consent or denial shall be <br />51. provided to Seller within days of Seller's written request. Said consent <br />52. shall not be unreasonably withheld. <br />53. REAL ESTATE TAXES: Real estate taxes due and payable in the year of closing shall be prorated between Seller and <br />54. Buyer on a calendar year basis to the actual date of closing unless otherwise provided in this Purchase Agreement. <br />55. Real estate taxes, including penalties, interest, and any associated fees, payable in the years prior to closing shall <br />56. be paid by Seller. Real estate taxes payable in the years subsequent to closing shall be paid by Buyer. <br />57. SPECIAL ASSESSMENTS: <br />58. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING X❑ SELLER SHALL PAY <br />--------------------------------------------------------------------------------------(Check one.)----------------------------------------------------------------------------------------- <br />59. on the date of closing all installments of special assessments certified for payment with the real estate taxes due and <br />60. payable in the year of closing. <br />61. ❑ BUYER SHALL ASSUME ❑KC SELLER SHALL PAY ON DATE OF CLOSING all other special assessments <br />----------------------------------------------------------------(Check one.)---------------------------------------------------------- <br />62. levied as of the Date of this Purchase Agreement. <br />63. ❑ BUYER SHALL ASSUME ❑X SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as <br />-------------------------------------------------------------(Check one.)-------------------------------------------------------- <br />64. of the Date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller's <br />65. provision for payment shall be by payment into escrow of up to two (2) times the estimated amount of the assessments <br />66. or less, as allowed by Buyer's lender.) <br />67. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of <br />68. which is not otherwise here provided. <br />69. As of the Date of this Purchase Agreement, Seller represents that Seller ❑ HAS ❑X HAS NOT received a notice <br />- ----------(Check one.)------------ <br />70. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed <br />71. against the Property. Any such notice received by Seller after the Date of this Purchase Agreement and before <br />72. closing shall be provided to Buyer immediately. If such notice is issued after the Date of this Purchase Agreement <br />73. and on or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, <br />74. provide for the payment of, or assume the special assessments. In the absence of such agreement, either party may <br />75. declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the <br />76. other party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement <br />77. canceled, Buyer and Seller shall immediately sign a written cancellation of Purchase Agreement confirming said <br />78. cancellation and directing all earnest money paid here to be refunded to Buyer. <br />MNC:PA-2 (8/20) <br />i <br />I�I�Z �,uiiii ii� ill �l � N� iuip', ��1� <br />TRANSACTIONS <br />'ll'mmoigncYl�and�ke,k ka3W- <br />