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Agenda - Council - 11/09/2004
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Agenda - Council - 11/09/2004
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3/24/2025 2:34:07 PM
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11/5/2004 2:20:19 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
11/09/2004
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b. A well certificate and/or a Sewage Treatment System Disclosure as <br />required by Minnesota State law. <br />C. If it is determined prior to Closing that the Property contains or contained <br />a storage tank, an affidavit with respect thereto, as required by Minn. Stat. Section <br />116.48. <br />d. A non -foreign affidavit, (FIRPTA affidavit) properly executed and in <br />recordable form, containing such information as is required by IRC Section 1445(b)(2) <br />and its regulations. <br />e. An appropriate Federal Income Tax reporting form, if any is required. <br />f. Such further affidavits of SELLER, certificates of value or other <br />documents as may be reasonably required by BUYER'S title company in order to record <br />the SELLER'S Closing Documents and issue BUYER the owner's title insurance policy <br />required by this Agreement. <br />13. EVIDENCE OF TITLE. Within ten (10) days after acceptance of this <br />Agreement, SELLER shall furnish BUYER a commitment for an ALTA owner's policy of title <br />insurance covering the Property issued by Registered Abstracters Inc. <br />14. EXAMINATION OF TITLE. BUYER shall be allowed until the date twenty <br />(20) days aftcr receipt of such title evidence for examination of title and the making of any <br />objections thereto, which objections shall be in writing or they will be deemed to be waived. If <br />any objections are so made, SELLER shall be allowed until the Closing Date to make such title <br />marketable, and 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 Closing Date, 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 <br />by SELLER, then SELLER shall have the remedies described below or under Minnesota law. <br />15. SURVEY. Subject to the provisions contained herein, SELLER shall, at <br />SELLER'S sole cost and expense, obtain a current survey of the Property which survey shall be <br />prepared by a Registered Surveyor (the "Survey"). The Survey, in form suitable to BUYER and <br />Titic Company shall: <br />
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