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CCP 03-08-1999
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CCP 03-08-1999
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<br />\ <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />8.6 An affidavit of Seller in form and content satisfactory to Purchaser stating that <br />Seller is not a "foreign person" within the meaning of Section 1445 of the <br />Internal Revenue Code. <br /> <br />9. Taxes, Assessments and Utility Charges. Seller shall pay all real estate taxes <br />payable prior to the year of closing. Real estate taxes due and payable in the year of closing <br />shall be prorated as of the date of closing on a daily basis. <br /> <br />Seller shall pay all special assessments levied or pending as of the date of closing. <br /> <br />All utility charges shall be prorated as of the date of closing. <br /> <br />10. Income and Expenses, Possession. Seller agrees to deliver possession of the <br />Real Property, Business Equipment and Black Dirt to Purchaser on the Closing Date. All <br />income and expenses shall be pro rated and adjusted as of the Closing Date. <br /> <br />11. Insurance. Seller hereby agrees that until the Closing Date it will keep the Real <br />Property insured against loss due to fire and other causes as are covered by "extended coverage' <br />insurance and that until the date of the final payment, it will keep the Business Equipment and <br />Black Dirt insured against loss due to fire and other causes as are covered by "extended <br />coverage" insurance. Such insurance shall be issued by an insurer authorized to issue <br />insurance in the State of Minnesota and shall be in an amount equal to the full insurable value <br />of the Improvements, Business Equipment and Black Dirt, based on current replacement cost. <br /> <br />12. Contingencies. Notwithstanding anything to the contrary contained in this <br />Agreement, the consummation of this Agreement and the closing provided in paragraph 8 <br />hereof is hereby expressly conditioned upon Purchaser receiving assurances satisfactory to <br />Purchaser, in Purchaser's sole discretion, that: <br /> <br />12.1 Accuracv of Reoresentations and Warranties. The representations and <br />warranties of Seller contained in this Agreement shall be true in all material <br />respects on and as of the Closing Date with the same force and effect as though <br />made on and as of the closing Date (Le., a representation that a state of facts <br />exists on or as of the date hereof shall be deemed to be a representation that <br />such state of fact exists on or as of the Closing Date, and a representation that <br />a state of facts has or has not changed between a date prior to the date hereof <br />and the date hereof shall be deemed to be a representation that such state of <br />facts has or has not changed between such prior date and the Closing Date), <br />except as affected by transactions contemplated hereby and except to the extent <br />that any such representations or warranties which were made as of a specified <br />date shall have been true on and as of such date. <br /> <br />7 <br />
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