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VACANT LAND PURCHASE AGREEMENT <br /> 164. Page 5 <br /> 165. TITLE AND EXAMINATION:Within a reasonable time period after Final Acceptance of this Purchase Agreement, <br /> 166. Seger shad provide one of the following title evidence options,at Seller's selection,which shall include proper searches <br /> 167. covering bankruptdes,state and federal judgments and liens,and levied and pending special assessments to Buyer <br /> 168. or Buyer's designated title service provider: <br /> 169. (1) A commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed to write <br /> 170. lige insurance in Minnesota as selected by Buyer.Seder shall be responsible for the title search and exam costs <br /> 171. related to the commitment.Buyer shall be responsible for all additional costs related to the issuance of the title <br /> 172. insurance pdicy(les),including but not limited to the premium(s),Buyer's name search and plat drawing, 0 any. <br /> 173. Seller shag surrender a copy of any owner's tide insurance policy and Abstract of Title,If in Seller's possession or <br /> 174. control,for this property to Buyer or Buyer's designated title service provider. <br /> 175. (2) An Abstract of Title certified to date If Abstract Property or a Registered Property Abstract(RPA)certified to date <br /> 176. if Registered(Torrens)property.Seller shag pay for the abstracting or RPA costs and surrender any abstract for <br /> 177. this property in Seller's possession or control to Buyer or Buyer's designated tide service provider.If property is <br /> 178. Abstract and Seller does not have an Abstract of Tide,Option(1)wig automatically apply. <br /> 179. Seger stud use Seller's best efforts to provide marketable tide by the date of dosing.in the event that Seder has not <br /> 180. provided marketable tide by the date of dosing,Seder shag have an additional 30 days to make tide marketable or,in <br /> 181. the alternative, Buyer may waive tide defects by written notice to Seder.In addition to the 30-day extension, Buyer <br /> 182. and Seller may by mutual agreement further extend the dosing date.Ladling such extension,either party may declare <br /> 183. this Purchase Agreement canceled by written notice to the other party,or gee representing or assisting the other <br /> 184. party,in which case this Purchase Agreement is canceled.if either party declares this Purchase Agreement canceled. <br /> 185. Buyer and Seger shall immediately sign a Cancelladw of Purchase Agreement confirming said cancellation and <br /> 186. directing all earnest money paid hereunder to be refunded to Buyer. <br /> 187. SUBDIVISION OF LAND:If this sale constitutes or requires a subdivision of land owned by Seger,Seller shad pay all <br /> 188. subdivision expenses and obtain all necessary governmental approvals.This provision deals with the necessity of <br /> 189. subdividing land to complete the sale of the property described herein in contrast to the subdivision provision of lines <br /> 190. 5455 which deals with the future development plans of Buyer.Seller warrants the legal description of the real property <br /> 191. to be conveyed has been or shall be approved for recording as of the date of dosing.Seller warrants that there is a <br /> 192. right of access to the property from a public right of way.These warranties shall survive the delivery of the deed or <br /> 193. contract for deed. <br /> 194. Seller warrants that prior to the dosing,payment in full will have been made for all labor,materials,machinery,fixtures <br /> 195. or tools furnished within the 120 days immediately preceding the dosing.Seller warrants that Seger has not received <br /> 196. any notice from any governmental authority as to condemnation proceedings or violation of any law, ordinance or <br /> 197. regulation.If the property is subject to restrictive covenants, Seller warrants that Seller has not received any notice <br /> 198. from any person or authority as to a breach of the covenants.Any such notices received by Seller shag be provided to <br /> 199. Buyer immediately. <br /> 200. Seger agrees to allow Buyer reasonable access to the property for performance of any surveys,inspections or tests <br /> 201. or for water,sewer,gas or electrical service hookup as agreed to herein.Buyer scrag restore the premises to the same <br /> 202. condition it was in prior to the surveys,inspections or tests and pay for any restoration costs relative thereto. <br /> 203. RISK OF LOSS:If there is any loss or damage to the property between the date hereof and the date of dosing for <br /> 204. any reason,including fire,vandalism,flood,earthquake or act of God,the risk of loss shag be on Seder.If fie property <br /> 205. Is destroyed or substandally damaged before the dosing date, this Purchase Agreement is canceled, at Buyer's <br /> 206. option,by written notice to Seger or licensee representing or assisting Seder.0 Buyer cancels No Purchase Agreement, <br /> 207. Buyer and Seller shall immediately sign a Qvwelladon of Purchase Agreement confirming said cancellation and <br /> 208. directing all earnest money paid hereunder to be refunded to Buyer. <br /> 209. TIME OF ESSENCE:Time is of the essence in this Purchm Agreement <br /> 210. ENTIRE AGREEMENT.This Purchase Agreement,any attached exhibits and any addenda or amendments signed <br /> 211. by the parties shag constitute the entire agreement between Buyer and Seger and supersedes any other written or <br /> 212. oral agreements between Buyer and Seger.This Purchase Agreement can be modified or canceled only in writing <br /> 213. signed by Buyer and Seder or by operation of law.AN monetary sums are deemed to be United States currency for <br /> 214. purposes of this Purchase Agreement.Buyer or Seller may be required to pay owtain dosing costs,which may <br /> 215. effeedv+ey increase the cash outlay at dossing or reduce the proceeds from the sale. <br /> MN:VLPA5(8ft) <br />