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MnDOT Agreement #06820 K. If the amount of the Grant exceeds $200,000.00, then it must contain a provision requiring the Usee to list any vacant or • new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, Subd. 1, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. Section 3.02 Sale. The Grant Recipient shall not sell any part of its ownership interest in the Real Property or, if applicable, the Facility unless all of the following provisions have been complied with fully. A. The Grant Recipient determines, by official action, that such ownership interest is no longer usable or needed as highway -rail grade crossing warning devices and associated safety improvements B. The sale is made as authorized by law. C. The sale is for Fair Market Value, D. Written notice of such proposed sale has been supplied to both the State Entity and the Commissioner of Management and Budget at least 30 days prior thereto. The acquisition of the Grant Recipient's interest in the Real Property and, if applicable, the Facility at a foreclosure sale, by acceptance of a deed -in -lieu of foreclosure, or enforcement of a security interest in personal property used in the operation of thereof, by a lender that has provided monies for the acquisition of the Grant Recipient's interest in or betterment of the Real Property and, if applicable, the Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, the Facility in a manner which is not inconsistent with the program specified in Section 2.03 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, the Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 3.03. Section 3.03 Proceeds of a Sale. Upon the sale of the Grant Recipient's interest in the Real Property and, if applicable, the Facility the net proceeds thereof shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of Management and Budget in an amount equal to the Outstanding Balance of the Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Grant then all of such net proceeds shall be distributed to the Commissioner of Management and Budget. B. The remaining portion, after the distribution specified in Section 3.03.A, shall be distributed to pay in full any outstanding public or private debt incurred to acquire the Little Caanda GO Bond Proceeds Grant Agreement Ver— 5/06/15 for MnDOT Antiquated Equipment Grants 2 0