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Agenda - Council - 06/23/2009
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Agenda - Council - 06/23/2009
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3/18/2025 4:01:31 PM
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6/18/2009 2:13:25 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
06/23/2009
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14. EVIDENCE OF TITLE. Evidence of Title. Within ten (10) days after execution <br />of this Agreement, SELLER shall furnish BUYER: <br />a. A Registered Property Abstract, together with proper searches covering <br />bankruptcy, federal and state judgments and tax liens, real estate taxes and <br />special assessments. <br />b. A commitment for an ALTA owner's policy of title insurance covering the <br />Property issued by Registered Abstracters Inc. <br />C. SELLER may provide a title commitment issued by Registered Abstracters, <br />Inc. to BUYER and, in that case, BUYER waives any claim for a Registered <br />Property Abstract. <br />15. EXAMINATION OF TITLE. BUYER shall be allowed until the date ten (10) <br />days after receipt of such title evidence for examination of title and the making of any objections <br />thereto, which objections shall be in writing or they will be deemed to be waived. If any objections <br />are so made, SELLER shall be allowed until the Closing Date to make such title marketable, and <br />SELLER shall use all reasonable efforts to make such title marketable. <br />If said title is not marketable and is not so made by the date of closing, as above provided, <br />BUYER shall have the option of: <br />a. Declaring this Agreement null and void and receiving a refund from <br />SELLER of all Earnest Money paid hereunder; or <br />b. Waiving any defects in title and proceeding to close the transaction <br />contemplated by this Agreement. <br />If the title to the Property is marketable or is made marketable by the Closing Date, and <br />BUYER defaults in any of the agreements on its part to be performed under this Agreement and <br />continues in default for a period of five (5) days after written notice thereof is given to BUYER by <br />SELLER, then SELLER shall have the remedies described below or under Minnesota law.' <br />16. DEFAULT. If either party defaults in the performance of any obligation under this <br />Agreement, the non - defaulting party may, after a five (5) day written notice to the defaulting party, <br />suspend performance of its obligations under this Agreement and the rights of the non - defaulting <br />party are as follows: <br />a. BUYER'S Default. If BUYER defaults in the performance of any of the <br />BUYER'S obligations under this Agreement, SELLER shall have the <br />following rights: <br />(i) Except as set forth at (ii) below, if BUYER defaults in the <br />performance of any of BUYER'S obligations under this Agreement, <br />SELLER'S sole and exclusive right shall be to seek a Cancellation of <br />Purchase Agreement. <br />II <br />
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