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<br /> - - <br /> JUN-13-1997 11:lJ5 BRADLEY & DEIKE, P.A. 612 927 7049 P.lJ3/i3 'I <br /> , <br /> . <br /> in Planning Case No. 97-06 by the times stated above, then the R.ernll;ni"g Portion will I <br /> not be forgiven and the Remaining Portion will be due and payable by the Purchaser by .. <br /> cash OT certified check on April 2, 1998, or on such earlier date as the Seller may demand. <br /> The Remaining Portion of the Purchase Price is Eighty Five Thousand Two Hundred <br /> Fifty Five Dollars ($85,255.00). I <br /> The basis for the reduction in the Purchase Price as described in 2(2) above is that the <br /> Purchaser has agreed to assume certain costs of wetland mitigation neeeSlSitated by the I <br /> construction by the Seller or the City of Arden Hills of a new road to serve Phases U, ill and N. <br /> The reduction in the Purchase Price is intended to compensate the Purchaser for the value of such <br /> costs of wetland mitigation asSUmed by the Purchaser. I <br /> 3. SURVEY. <br /> Within thirty (30) days after the date hereof, Purchaser shall cause a certified ALTA I <br /> survey of the Property ("Survey") to be prepared by a surveyor licensed by the State of <br /> Minnesota. The Survey shall be certified to Purchaser and the Title Company and shall show (a) I <br /> the location by courses and distances of the Property with all boundaries staked. (b) all easements <br /> on Or appurtenant to the Property, (c) all encroachments, the extent thereof and established <br /> building lines, (d) the location of all means of ingress and egress to and from the Prop!:rty and to I <br /> and from all abutting public streets, (e) the size and location of all Improvements, if any, on the <br /> Prop!:rty, (f) the topographical features of the Property at one foot contour intervals, and (g) such <br /> other pertinent facts as requested by Purchaser. The Survey shall be accompanied by a current .. <br /> surveyor' s certificate in a form reasonably acceptable to Purchaser and the Title Company. <br /> Purchaser shall be responsible for the cost of the Survey. <br /> 4. TITLE. I <br /> (A) Within twenty (20) days after the date hereof, Purchaser shall obtain from the I <br /> Title Company a commitment (the "Title Commitment") for a standard ALTA Fonn B owner's <br /> title insurance policy (except that the standard exceptions relating to survey matters, rights of <br /> parties in possession, mechanic's liens, easements or claims of easements not of record, and taxes I <br /> and assessments not shown by the public records, shall be eHminllted) (the "Title Policy") to be <br /> issued upon Closing by the Title Company in the amount of the Purchase Price, insuring that as <br /> of the recording of the ''Deed'' (as hereinafter defined) good and. marketable fee simple title to the I <br /> Property is vested in Purchaser subject only to the "Permitted Exceptions" (as hereinafter <br /> defined). The Title Commitment shall identifY the Land by the legal description set fonh on the <br /> Survey, provided tbat if the Survey has not been prepared at the time the Title Commitment is I <br /> ordered, by a prelimin~ry legal description. In the event the description contained on the Survey <br /> differs from the preliminary legal description, Purchaser shall cause the Title Company to update <br /> the Title Commitment following its receipt of the Survey description. Seller shall be responsible I <br /> for the costs, ifany, of the Title Commitment, and Purchaser shall be responsible for the cost of <br /> the Title Policy. <br /> I <br /> 2 .. <br /> I <br />