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I <br /> <br />I <br />I <br />I <br />I <br />! <br />I <br />! <br /> <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> interests in the City Exchange Property, together with whatever standard owner's <br /> affidavit and/or indemnity (ALTA Form) which may be required by Title Company <br /> to issue an Owner's Policy of Title Insurance with the standard exceptions waived; <br />c. An executed certification as to the location of any wells on the City Exchange <br /> Property in accordance with the laws of the State of Minnesota; <br />d. Ail other documents reasonably determined by LANDOWNER to be necessary <br /> to transfer the City Exchange Property to LANDOWNER free and clear of any <br /> encumbrances; and <br />e. A copy of the CITY's ordinance approving the terms of this Agreement. <br /> <br />11. LANDOWNER'S CLOSING DOCUMENTS. On the Closing Date, <br /> LANDOWNER will execute, and/or deliver to CITY the following (collectively, <br /> "LANDOWNER' S Closing Documents"): <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />a. A Warranty Deed, in form reasonable and satisfactory to CITY, conveying the <br /> Landowner Exchange Property to CITY, free and Clear of all encumbrances <br /> hereafter defined, and including a covenant of further assurances; <br />b. An Affidavit of Seller by LANDOWNER indicating that on the Closing Date there <br /> are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or <br /> involving LANDOWNER or the Landowner Exchange Property; that there has <br /> been no skill, labor or material furnished to the Landowner Exchange Property for <br /> which payment has not been made or for which mechanic's liens could be filed; and <br /> that there are no other unrecorded interests in the Landowner Exchange Property, <br /> together with whatever standard owner's affidavit and/or indemnity (ALTA Form) <br /> which may be required by Title Company to issue an Owner's Policy of Title <br /> Insurance with the standard exceptions waived; <br />c. An executed certification as to the location of any wells on the Landowner <br /> Exchange Property in accordance with the laws of the State of Minnesota; and <br />d. All other documents reasonably determined by CITY to be necessary to transfer the <br /> Landowner Exchange Property to CITY free and clear of an encumbrances. <br /> <br />CONTROLLING LAW. This Agreement shall be governed by and interpreted in <br />accordance with the laws of the State of Minnesota. <br /> <br />MODIFICATION. This Agreement cannot be altered, amended, changed, waived, <br />terminated or modified in any respect or particular unless the same shall be in writing <br />and signed by or on behalf of the parties hereto. Waivers of any term or condition of <br />this Agreement must be in writing signed by the party against whom such waiver is <br />sought to be enforced. This Agreement contains the entire understanding between <br />CITY and LANDOWNER with respect to the transaction contemplated and any and all <br />prior agreements, whether oral, written, express or implied, are superseded hereby and <br />merged herein. <br /> <br />BINDING EFFECT. This Agreement binds and benefits the parties and their <br />successors and assigns. <br /> <br />4 <br /> <br />-177- <br /> <br /> <br />