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Agenda - Council - 04/25/2006
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Agenda - Council - 04/25/2006
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3/19/2025 3:02:28 PM
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4/21/2006 2:37:46 PM
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Meetings
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Agenda
Meeting Type
Council
Document Date
04/25/2006
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of title insurance covering the Property issued by Registered Abstracters Inc. <br /> <br /> 13. EXAMINATION OF TITLE. BUYER shall be allowed until the date <br />twenty (20) days after receipt of such title evidence for examination of title and the <br />making of any objections thereto, which objections shall be in writing or they will be <br />deemed to be waived. If any objections are so made, SELLER shall be allowed until the <br />Closing Date to make such title marketable, and SELLER shall use all reasonable efforts <br />to make such title marketable. <br /> <br /> If said title is not marketable and is not so made by the Closing Date, as above <br />provided, BUYER shall have the option off <br /> <br /> a. Declaring this Agreement null and void and receiving a refund <br />from SELLER of all Earnest Money paid hereunder; or <br /> <br /> b. Waiving any defects in title and proceeding to close the transaction <br />contemplated by this Agreement. <br /> <br /> If the title to the Property is marketable or is made marketable by the Closing <br />Date, and BUYER defaults in any of the agreements on its part to be performed under <br />this Agreement and continues in default for a period of Eve (5) days after written notice <br />thereof is given to BUYER by SELLER, then SELLER shall have the remedies described <br />below or under Minnesota law. <br /> <br /> 14. SURVEY. Subject to the provisions contained herein, SELLER, upon <br />recl.uest of Buyer, shall, at SELLEP~'S sole cost and expense, obtain a current survey of <br />the Property which survey shall be prepared by a Registered Surveyor (the "Survey"). <br />The Survey, in form suitable to BUYER and Title Company shall: <br /> <br /> a. locate all present and future easements, rights-of-way, wetlands; <br />100-year flood plain, building lines, utility lines, roadways and encroachments on <br />or abutting the property. <br /> <br /> b. contain the certification of the surveyor as to the number of square <br />feet contained in the Property. <br /> <br /> BUYER shall have ten (10) days from the date of receipt of the Survey to approve <br />same or to notify SELLER of BUYER'S objections to items disclosed therein. Upon the <br />expiration of said ten (10) day period, BUYER shall be deemed to have accepted all <br />exceptions to Survey, except for matters to which notice under the preceding sentence has <br />been given by BUYER. <br /> <br /> If BUYER notifies SELLER of any objections to the Survey within aforesaid ten <br />(10) day period, then and in that event SELLER shall have a period often (10) days <br />following receipt of such objections to Survey to cure said objections or notify BUYER <br />in writing of SELLER'S intent not to cure said objections. If the objections are not cured <br /> <br />7 <br /> 121131046v3 820716 4/20/06 <br /> <br /> <br />
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