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<br />v.2 (Java) <br />EL185\76\937850.v4 4 <br />year from the date of the Deed, or the Property will be subject to a reversionary <br />interest in favor of the EDA pursuant to Minnesota Statutes Section 469.105, <br />subdivisions 5 and 6. The Buyer may also construct a fast food restaurant on <br />the Property subject to the consent of the EDA, which approval shall not be <br />unreasonably withheld, and receiving any necessary land use approvals. The <br />Deed shall contain provisions for the EDA to execute and record a Certificate <br />of Completion evidencing that the required improvements have been <br />completed. <br /> <br />6.1.2. Seller’s Affidavit. An Affidavit of Title by the EDA stating that on the <br />Closing Date there are no outstanding, unsatisfied judgments, tax liens or <br />bankruptcies against or involving the EDA or the Property; that there has been <br />no skill, labor or material furnished to the Property for which payment has not <br />been made or for which mechanics’ liens could be filed; and that there are no <br />other unrecorded instruments affecting the Property, together with whatever <br />standard owner’s affidavit (ALTA form) which may be required by the Title <br />Company to issue an Owner’s Policy of Title Insurance with the standard <br />exceptions waived. <br /> <br />6.1.3. Original Documents. Original copies of any surveys, plans and records in the <br />EDA’s possession. <br /> <br />6.1.4. FIRPTA Affidavit. A non-foreign affidavit, properly executed, containing <br />such information as is required by the Internal Revenue Code Section <br />1445(b)(2) and its regulations. <br /> <br />6.1.5 Closing Certificate. The Closing Certificate. <br /> <br />6.1.6 Seller’s Settlement Statement. A Seller’s Settlement statement reflecting the <br />Purchase Price and the proration of costs and expenses in the manner required <br />by this Agreement. <br /> <br />6.1.7. Other Documents. Any other documents reasonably required or reasonably <br />requested by the Title Company in order to complete the transaction <br />contemplated by this Agreement. <br /> <br />6.2. Buyer’s Closing Documents. On the Closing Date, the Buyer shall execute, as <br />appropriate, and deliver to the EDA the following (collectively, “Buyer’s Closing <br />Documents”): <br /> <br />6.2.1. Purchase Price. The Purchase Price in collected funds (certified or cashier’s <br />check or wire transfer) deposited with the Title Company on the Closing Date. <br /> <br />6.2.2 Buyer’s Settlement Statement. A Buyer’s settlement statement reflecting the <br />Purchase Price and the proration of costs and expenses in the manner required <br />by this Agreement. <br />Page 20 of 41