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shall provide Buyer with an ALTA/ACSM Land Title Survey ('Survey"), of the Property prepared by <br /> Minnesota licensed surveyor, which Survey shall be certified tuBuyer and Title and shall meet the then <br /> current accuracy standards jointly adopted bwALTA and AC8N1 and shall contain items 1 through 4, 5, <br /> B(a), B. 8. 11 and 16, 18 and 19 of Table A mfthe 2018 Minimum Standard Detail Requirements for <br /> ALT//4CSPN Land Title Surveys. Seller shall deliver to said surveyor a copy of the Commitment to be <br /> delivered tuBuyer aeprovided above, euthat the Survey delivered boBuyer will include and identify the <br /> location of any encroachments, easements, encumbrances orother restrictions that are identified or <br /> 6sc|omed in the Commitment, Seller shall deliver an electronic PDF copy of the Survey to Buyer upon <br /> its receipt thereof from the surveyor. <br /> If Seller does not timely deliver the Cn0nOitrDemt or Survey prior to the expiration of the applicable deadlines <br /> set forth above. then (|) the time for all perfmrnanceo, payment ub|igmdomo, and deadline dates (inn|ud|nQ. <br /> without limitation, the time for performances o[elections bwBuyer hereunder, the dates pertaining tupayment <br /> or disbursement ofany Earnest Money or pertaining to any Earnest Money becoming non-refundable, the <br /> Contingency Dote. (defined in Section 8 below) and Closing Date (defined in Section 9 be|ow), shall be <br /> extended byone(1)day for,each day Seller islate indelivering the Commitment orSurvey, aSapplicable. <br /> 3.3 Title Obiections. For purposes hereof, the term "'Title Evidence" shall mean the Commitment, copies of <br /> xauunded documents referred to in the Commitment and the Survey (or any update orsupplement to any of the <br /> foregoing). Buyer shall have until the date that is ten (10) business days after receipt ofthe Title Evidence to make <br /> written objection to matters, disclosed in the Title Evidence which adversely affect marketable fee simple title to the <br /> Property (collectively, "Objections"). Any Objections riot timely objected to by Buyer by written notice delivered to Seller <br /> on or before the Title Objection Deadline shall be deemed a "'Permitted Exception" hereunder. Seller will use beet <br /> efforts tVcure the Objections on or before the date that is twenty (20) days after receipt ufBuyer's Objections ("Cure <br /> Period"). <br /> If SeIller shall fail to have all such Objections cured by the expiration of the Cure Period, then without limiting any other <br /> remedies Buyer may have at law or in equity, Buyer may, in its sole discretion, elect any of the foUUowingnamedies� <br /> (a) terminate this Agreement without any liability on its part by written notice to Seller in which event this <br /> Agreement shall be deemed to be cancelled and terminated, without further notice or action required ofeither <br /> party, the Earnest K8nmey shall be returned to Buyer, and Buyer and Seller shall thereafter be released from, <br /> any liability orobligation hereunder; provided, however. that Buyer's indemnification obligations under Section <br /> 4.2ofthis��ma�m�mt�h�Neumiv��u�htermin�Nom�, or <br /> �~ <br /> (b) waive such remaining Objections in writing and proceed to Closing, subject to fulfillment of the other terms <br /> and conditions hereof, in which event the Objections that have not been cured shall be deemed Permitted <br /> Exceptions at Closing. <br /> Whether or not Buyer has delivered to Seller any notice of title objections pursuant to the foregoing terma. Buyer <br /> may, at or prior to the Closing, notify Seller in writing of any objections to title exceptions first raised by Title or the <br /> surveyor that prepared the Survey between the original effective duha of the Commitment or Survey, as the case <br /> may be, and the Closing, Any such objections made by Buyer shall be resolved in the same manner and within the <br /> same time frames aSset forth above, and the Closing Date shall Ueextended accordingly. <br /> Notwithstanding anything contained herein to the contrary, Seller shall be obligated to cure and satisfy (i) mortgage or <br /> deed mf�uat�nanoim0orsimilar liens given for security orcollateral purposes, (i|) state, federal orlocal <br /> tax liens orliens <br /> for the, nonpayment of special assessments, and (iii) any other judgment liens or non-consensual ||eOS (collectively, <br /> "Lieno''\, it being the understanding and agreement that ifSeller has not removed such Liens bythe time of Closing, <br /> then any such Liens will be cured and satisfied out of Seller's proceeds at C|osing, if not sooner paid; provided, <br /> however, that Seller shall have no obligation to cure any Liens created by the act of Buyer or its agents or <br /> contr8ctorm, including without limitation, any Liens filed with respect to labor and sen/|mae performed or materials <br /> supplied at the instance and request mf Buyer. In the event, during the term cfthis Agreement, Seller defaults om the <br /> payment or repayment of any Lien, or if any Lien holder commences foreclosure proceedings, such, an occurrence shall <br /> constitute a Seller default hereunder, entitling Buyer to cancel this Agreement in conformity with Section 15.1, below. <br /> A|ternative|y, and in Buyer's sole and exclusive discretion, Buyer may cure Seller's defaults under any Lien, and fully or <br /> partially pay and satisfy any Lien, in which case all payments thereby expended by Buyer shall be credited against the <br /> Purchase Price payable byBuyer otClosing, <br /> 4� <br /> -� - <br />