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<br />. <br /> <br />. <br /> <br />. <br /> <br />D. <br /> <br />Title. Ten (10) days prior to the date of closing, Ramsey County agrees to <br />deliver to Arden Hills, at Ramsey County's cost, a commitment for an <br />owner's title insurance policy (AL TA Form 1990) issued by a title <br />insurance company acceptable to the Arden Hills (the "Title Company"), <br />naming Arden Hills as the proposed owner insured of the Property in the <br />amount of the Purchase Price (the "Commitment"). The Commitment shall <br />have a current date as its effective date and shall commit to insure <br />marketable title in Arden Hills, free and clear of all mechanics' lien claims, <br />questions of survey, unrecorded interests, rights of parties in possession <br />or other exceptions. The Commitment shall set forth all levied real estate <br />taxes and special assessments and shall contain such endorsements as <br />Arden Hills may require, including but not limited to, a zoning endorsement <br />insuring Arden Hills that the ownership, use, operation and occupancy of <br />the Property as of the Closing Date complies with all applicable zoning <br />laws, codes, ordinances and regulations and does not constitute a <br />nonconforming use thereunder. Said commitment shall have attached <br />copies of all instruments or record which create any easements or <br />restrictions which are referred to in Schedule B of the title commitment. <br />Together with the Commitment, Ramsey County shall deliver to Arden <br />Hills complete Uniform Commercial Code searches against the Project <br />evidencing that the Project is not subject to any financing statements or <br />security interests (the "Searches"). Arden Hills will be allowed after <br />receipt of the Commitment, the Searches, and the Survey (as hereinafter <br />defined) an examination thereof and to make any objections to the <br />marketability of the title to the Property or Project, said objections to be <br />made by written notice or to be deemed waived. <br /> <br />E. Closing. The parties acknowledge that a specific closing date cannot be <br />established until the Project nears completion, and until the CIC <br />Documents have been properly recorded. The parties anticipate that a <br />closing will occur on or before December 1, 2004. <br /> <br />F. Access During Construction. Arden Hills shall have access to the <br />Arden Hills Condominium Unit and the common areas of the Project <br />during the period of construction, subject to supervision by Ramsey <br />County. <br /> <br />IN WITNESS WHEREOF, the parties have executed this Agreement as of the <br />day and year first set forth above. <br /> <br />CITY OF ARDEN HILLS <br /> <br />By: <br /> <br />Name: <br />Title: <br /> <br />3 <br />