shaft provide Buyer with an ALTA/ACSM Land Title Survey ("Survey") of the Property prepared by
<br />Minnesota licensed surveyor, which Survey shag be certified to Buyer and Tide and shall meet the than
<br />current accuracy standards jointly adopted by ALTA and ACSM and shag contain items 'I through 4, 5,
<br />6(a), 8, 9, 11 and 16, 18 and 19 of Table A of the 2016 Minimum Standard bail Requirements for
<br />ALTA/ACSM Land Tide Surreys. Seger shall deliver to said surveyor a copy of the Commitment to be
<br />delivered to Buyer as provided above, so that the Survey delivered to Buyer will include and identify the
<br />location of any encroachments, easements, encumbrances or other restrictions that are Identified or
<br />disclosed in the Commitment Seller shell deliver an electronic PDF copy of the Survey to Buyer upon
<br />Its receipt thereof from the surveyor.
<br />If Seger does not timely deliver the Commitment or Survey prior to the expiration of the applicable deadlines
<br />set forth above, then (i) the time for all performances, payment obligations, and deadline dates (including,
<br />without limitation, the time for performances or elections by Buyer hereunder, the dates pertaining to payment
<br />or disbursement of any Earnest Money or pertaining to any Earnest Money becoming non-refundable, the
<br />Contingency Date, (defined in Section 8 below) and Closing Date (defined in Section 9 below), shall be
<br />extended by one (1) day for each day Seger is late in delivering the Commitment or Survey, as applicable.
<br />3.3 Title Objections. For purposes hereof, the term 'Tide Evidence" shag mean the Commitment copies of
<br />recorded documents referred to in the Commitment, and the Survey (or any update or supplement to any of the
<br />foregoing). Buyer shall have until the data that is ten (10) business days after receipt of the Title Evidence to make
<br />written objection to matters disused in the Title Evidence which adversely affect marketable fee simple tide to the
<br />Property (collectively, "Objections")- Any Objections not timely objected to by Buyer by written notice delivered to Seger
<br />on or before the Tide Objection Deadline shag be deemed a "Permitted Exception" hereunder. Seller will use best
<br />efforts to cure the Objections on or before the date that is twenty (20) days after receipt of Buyer's Objections ("Cure
<br />Period'.
<br />If Seller shag fail to have all such Objections cured by the expiration of the Cure Period, than without limiting any other
<br />remedies Buyer may have at law or in equity, Buyer may, in its sole discretion, elect any of the following remedies:
<br />(a) terminate this Agreement without any liability on its part by written notice to Seger in which event this
<br />Agreement shall be deemed to be cancelled and terminated, without further notice or action required of either
<br />party, the Earnest Money shall be returned to Buyer, and Buyer and Seller shall thereafter be released from
<br />any liability or obligation hereunder, provided, however, that Buyers indemnification obligations under Section
<br />4.2 of this Agreement shall survive such termination; or
<br />(b) waive such remaining Objections in writing and proceed to Closing, subject to fulfillment of the other terns
<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 Seger any notice of tide objections pursuant to the foregoing terms, Buyer
<br />may, at or prior to the Closing, notify Seger in writing of any objections to tide exceptions first raised by Title or the
<br />surveyor that prepared the Survey between the original effective date 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 as set forth above, and the Closing Date shag be extended accordingly.
<br />Notwidstanding anything contained herein to the contrary, Seger shall be obligated to we and satisfy (1) mortgage or
<br />deed of trust financing or similar liens given for security or collateral purposes, (iQ state, federal or local tax liens or lens
<br />for the nonpayment of special assessments, and (Ill) any other judgment gems or non-consensual liens (collectively,
<br />"Liens"), it being the understanding and agreement that if Seger has not removed such Liens by the time of Closing,
<br />then any such Liens will be cured and satisfied out of Seller's proceeds at Closing, if not sooner paid; provided,
<br />however, that Seller shag have no obligation to cure any Liens created by the act of Buyer or its agents or
<br />contractors, including without imitation, any Liens filed with respect to labor and services performed or materials
<br />supplied at the instance and request of Buyer. in the event, during the term of this Agreement, Seger defaults on the
<br />payment or repayment of any Lien, or if any Lien holder commerim foreclosure proceedings, such an occurrence shall
<br />constitute a Seger default hereunder, entitling Buyer to cancel this Agreement in oonfonmdy with Section 15.1, below.
<br />Alternatively, 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 shag be credited against the
<br />Purchase Price payable by Buyer at Closing.
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