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5.1. HRSR 06-20-2023
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5.1. HRSR 06-20-2023
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6/16/2023 10:46:55 AM
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City Government
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HRSR
date
6/20/2023
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<br />do any of the following: <br /> <br />8.2.1. Terminate this Agreement by giving written notice to the HRA within 10 <br />days after the expiration of the Cure Period and neither the HRA nor the <br />Buyer shall have further rights or obligations hereunder. In such event the <br />HRA shall return all Earnest Money to the Buyer. <br /> <br />8.2.2. Waive the Objections and proceed to close without reduction in the Purchase <br />Price. <br /> <br />The Buyer shall make the election within 10 days after expiration of the HRA’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 /> <br />9. REPRESENTATIONS AND WARRANTIES BY THE HRA. The HRA represents and <br />warrants to the Buyer that the following are true in all material respects now and, as modified by <br />any changes about which the HRA notifies the Buyer in writing following after the date hereof, <br />will be true in all material respects on the Closing Date: <br /> <br />9.1. Authority. The HRA is a public body corporate and politic, duly created under and <br />subject to the laws of the State of Minnesota; the HRA has the requisite power and <br />authority to enter into and perform this Agreement and those HRA 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 HRA and have been or will be duly executed <br />and delivered; such execution, delivery and performance by the HRA of such <br />documents does not conflict with or result in a violation of any judgment, order, or <br />decree of any court or arbiter to which the HRA is a party; such documents are valid <br />and binding obligations of the HRA, and are enforceable in accordance with their <br />terms, subject to bankruptcy, reorganization, insolvency, moratorium and other laws <br />affecting the rights and remedies of creditors generally and principles of equity. <br /> <br />9.2. Utilities. The HRA has received no notice of actual or threatened curtailment of any <br />utility service now supplied to the Property. <br /> <br />9.3. Rights of Others to Purchase the Property. The HRA has not entered into any other <br />contracts for the sale of the Property, nor are there any rights of first refusal or <br />options to purchase the Property or any other rights of others that might prevent the <br />sale of the Property contemplated by this Agreement. · <br /> <br />9.4. Use of the Property. To the best of the HRA's knowledge without investigation, the <br />Property is usable for its current uses without violating any federal, state, local or <br />other governmental building, zoning, health, safety, platting, subdivision or other <br />law, ordinance or regulation, or any applicable private restriction. <br /> <br />9.5. Proceedings. There is no action, litigation, investigation, condemnation or <br />proceeding of any kind pending or, to the best of the HRA’s knowledge without <br /> <br />EL185-13-882695.v2 <br />
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