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2707737v7 <br />12/17/10 <br />ii Deliver to Buyer a duly executed and acknowledged Limited <br />Warranty Deed conveying title to the Land from Seller to Buyer, <br />subject to the following "Permitted Encumbrances:" <br />(A) Building, zoning and subdivision statutes, laws, ordinances <br />and regulations; <br />(B) Reservations of minerals or of mineral rights in favor of the <br />State of Minnesota, if any; <br />(C) The lien of real estate taxes and special assessments not yet <br />due and payable; <br />(D) Any dedicated drainage and utility easements shown on the <br />Plat of COR ONE; <br />(E) <br />The reservation of a right of reverter in favor of Seller. The <br />Right of Reverter shall provide that if Buyer fails to <br />commence construction of the "Minimum Improvements" <br />on or before the "Commencement Date" or to substantially <br />complete the construction of the "Minimum Improvements" <br />in accordance with the "Final Construction Plans" on or <br />before the "Completion Date," as those terms are defined in <br />the Development Agreement, and as the same may be <br />extended as a result of an Unavoidable Delay pursuant to <br />Section 5.4 of the Development Agreement, or if the holder <br />of a "Construction Mortgage," as defined in the <br />Development Agreement, commences proceedings to <br />foreclose the Construction Mortgage prior to Buyer's <br />substantial completion of the Minimum Improvements, <br />Seller may commence an action in Anoka County District <br />Court seeking an order re- vesting title to the Development <br />Property in Seller and granting Seller immediate possession <br />of the Development Property. Buyer is deemed to have <br />commenced construction when Buyer has: (a) obtained all <br />building permits from the City necessary for the <br />construction of the "Minimum Improvements," as defined <br />in the Development Agreement, on the Property which <br />work would constitute "the actual and visible beginning of <br />improvement on the ground," as that phrase is used in <br />Minnesota Statutes, Section 514.05 and interrupted by the <br />Minnesota Courts. Seller will subject Seller's future <br />interest in the Property pursuant to the Right of Reverter to <br />the lien of any Construction Mortgage provided the holder <br />of the Construction Mortgage acknowledges, in writing <br />both for itself and any successor's in title to the <br />Construction Mortgage, that if Seller obtains a District <br />-3- <br />