5.0. & 5.1. & 5.2. EDSR 04-14-2008

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(v) pay or provide evidence of payment of the following: the State Deed Tax due upon the execution of the deed described in Section 6; and one-half of Title's fee to conduct and insure the closing of this transaction. b. Buyer must: (i) Tender the Purchase Price to Seller pursuant to the provisions of Section 4 above; and (ii) Pay or provide evidence of payment of the following: the cost of Evidence of Title, as defined in Section 9, the premium for Buyer's owner's policy of title insurance, if any; the changes for any endorsements to Buyer's title insurance policy that Buyer elects to purchase; the recording fee due upon the recording the deed from Seller to Buyer; all costs associated with Buyer's financing, if any, including mortgagee's title insurance policy costs and premiums, if any, and one-half of Title's fee to conduct and insure the closing of this transaction. 9. Evidence of Title. Seller has delivered to Buyer a commitment from Sherburne County Abstract, as agent for Old Republic National Title Insurance Company ("Title") to issue an ALTA Form 2006 Owner's Policy of Title Insurance identifying Buyer as the proposed insured (the "Title Commitment") and Seller has delivered or will deliver to Buyer within ten (10) days of the date hereof, an ALTA/ACSM survey (the "Survey") of the Property certified to Seller, Buyer, and Title. The Title Commitment and Survey are referred to, collectively, in this Agreement as the "Evidence of Title." Buyer must reimburse Seller for the cost of the Evidence of Title (i) at Closing; (ii) contemporaneously with Buyer's delivery of a notice to Seller terminating this Agreement pursuant to Section 14; or (iii) upon Seller's termination of this Agreement pursuant to Section 15(c). 10. Examination of Title. Within ten (10) business days of Buyer's receipt of the last item of the Evidence of Title or within ten (10) days of Buyer's discovery of a defect in the marketability of Seller's title to the Property which defect was not reasonably ascertainable from the Evidence of Title, Buyer may give Seller written notice of alleged defect(s) in the marketability of Seller's actual or record title to the Property and request that Seller make Seller's title marketable (an "Objection"). The encumbrances described in Section 6 may not serve as a basis for an Objection. Within five (5) business days of Seller's receipt of Buyer's Objection(s), Seller must notify Buyer, in writing, if Seller will attempt to make Seller's title to the Property marketable. If Seller notifies Buyer that Seller will attempt to make Seller's title to the Property marketable, Seller must use commercially reasonable efforts to do so within one hundred twenty (120) days from Seller's receipt of Buyer's Objection, and, if necessary, the Date of Closing must be rescheduled accordingly. If Seller makes Seller's title marketable within the one hundred and twenty (120) day period, Seller must notify Buyer, in writing, and the Parties must close pursuant to the terms of the Agreement. The new "Date of Closing" must be the date fifteen (15) days from the date Seller notifies Buyer that Seller's title is marketable. If Seller notifies Buyer that Seller does not intend to make Seller's title marketable or if Seller notifies Buyer that Seller intends to make Seller's title marketable but, notwithstanding Seller's use of commercially 2150570v4 4