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(viii) pay or provide evidence of payment of the following: the fees due <br />upon the recording any documents necessary to place record title to the Property <br />in Seller. <br />b. Buyer must: <br />(i) Tender the Purchase Price to Seller pursuant to the provisions of <br />Section 6 above; <br />(ii) execute and deliver to Seller and cause The Village andat Little <br />Canada LLC to execute and deliver to Seller a $200,000 Promissory Note in the <br />form attached as Exhibit C; <br />(iii) Pay or provide evidence of payment of the following: the State <br />Deed Tax due upon the execution of the conveyance described in Section 7; the <br />mortgage registration tax due upon the recording of the mortgage referenced in <br />Section 9(b)(iii); all costs associated with Buyer's financing, if any; all costs <br />associated with Buyer's acquisition of a title insurance commitment and an <br />owners policy of title insurance, if any; the fees due upon the recording the deed <br />from Seller to Buyer and the mortgage from The Village at Little Canada LLC to <br />Seller; and Buyer's title insurer's fee to conduct and insure the closing of this <br />transaction. <br />Buyer has advised Seller that HUD will not fund Buyer's loan until the deed from Seller to Buyer <br />is recorded. Therefore, Seller agrees to tender the executed, original deed to Buyer's title insurer <br />for recording prior to Buyer's payment of the Purchase Price subject to: HUD or Buyer's title <br />insurance company providing Seller with a statement setting forth all conditions precedent to <br />HUD's obligation to fund Buyer's loan; Seller's determination, in Seller's sole and absolute <br />discretion, that there is no significant risk of HUD not funding Buyer's loan; and Buyer <br />providing Seller with a quit claim deed, mortgage or other documentation Seller may reasonable <br />request. <br />10. Evidence of Title. Seller has no obligation to provide Buyer with an abstract of <br />title, a title insurance commitment, a survey or any other evidence as to the status of title to the <br />Property. Buyer has already examined the status of title to the Property and has agreed to accept <br />title to the Property subject to the Permitted Encumbrances. <br />11. Real Estate Taxes and Special Assessments. The Parties must pay the real <br />estate taxes (which term, as used in this Agreement, shall include service charges assessed <br />against real property on an annual basis pursuant to Minnesota Statutes 429.101) and special <br />assessments as follows: <br />a. On or before the Date of Closing, Seller must pay all real estate taxes, <br />installments of special assessments and any penalties and interest thereon due and <br />payable in 2002 and prior years and all special assessments levied or pending as of the <br />Date of Closing; <br />1428339vRed <br />V8 to V7; 11/1/02 4 <br />