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2650680v4 09/13/10 and customary closing fees imposed by any closing agent engaged to conduct the closing of this transaction. 8. Real Estate Taxes, Special Assessments and Owners Association Assessments. a. Real Estate Taxes. On or before the Date of Closing, Seller must pay the real estate taxes, if any, due and payable with respect to the Property in years prior to the year of closing. Seller and Buyer must prorate the real estate taxes, if any, due and payable with respect to the Property in the year of Closing on a per diem basis as of the Date of Closing. To record the Plat, Seller must pay all real estate taxes due and payable with respect to the Property in the year the Plat is recorded. If the Plat is recorded before closing, Buyer must reimburse Seller at closing for Buyer's pro rata share of the real estate taxes Seller pays when the Plat is recorded. b. Special Assessments. On or before the Date of Closing, Seller must pay all special assessments levied or pending against the Property as of the Date of Closing and any installments of any special assessments levied before the Date of Closing that are certified for payment with real estate taxes due and payable in the year of Closing and all prior years. Buyer shall be responsible for all other special assessments. c. Master Declaration Assessments and Special Service District Charges. If, before the Date of Closing, Seller records a Master Declaration against the Property or establishes a special service district pursuant to Minnesota Statute Chapter 428(A) that includes the Property, Seller and Buyer must pro rate, as of the Date of Closing, any assessments levied against the Property in the year of closing pursuant to the terms of the Master Declaration and any service charges imposed against the Property in the year of closing pursuant to the terms of the ordinance establishing the special service district. The pro- rations shall be made on a per diem basis to the Date of Closing. 9. Possession. Seller will deliver possession of the Property to Buyer at Closing. 10. Evidence of Title. a. Within twenty (20) days after the Effective Date, Buyer must, at Buyer's sole cost and expense (but subject to reimbursement to the extent provided for in Section 7(a)(vii)) obtain a current 2006 form ALTA title insurance commitment for the Property (the "Title Commitment ") and deliver a copy of the Title Commitment to Seller; and b. Within thirty (30) days of the Effective Date, Seller must, at Seller's sole cost and expense, obtain and deliver to Buyer a current ALTA /ACSM Land Title survey of the Property prepared by a surveyor registered under the laws of the state in which the Property is located. The survey must be certified to Buyer, Buyer's lender and Title, if any, and the certification language must be reasonably acceptable to Buyer and Title (the "Survey "; collectively with the Title Commitment, the "Evidence of Title "). -5-