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04-11-2001 Council Agenda
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04-11-2001 Council Agenda
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of, resulting from, relating to, or incident to the property up to and including the date of closing or which are in any <br />way related to the ownership, maintenance or operation of the property, and all expenses related there f, including, <br />without limitation, court costs and attorney's fees, except to the extent cause by an act or omission of Buyer, its <br />agents, employees or contractors. Buyer agrees to indemnify and hold Seller, its successors and assigns, harmless <br />of and from any and all liabilities, claims, causes of action, penalties, demands and expenses of any kind or nature <br />whatsoever (except those items which by this Agreement specifically become the obligation of the Seller) arising out <br />of activities of Buyer on property from the date of execution of this Agreement to the date of closing. <br />16. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. <br />17. Well Disclosure. Check one of the following: <br />x Seller certifies that Seller does not know of any wells on the described real property. <br />Wells on the subject real property are disclosed by Seller on the attached Well Disclosure <br />form. <br />18. Individual Sewage Treatment System Disclosure. Check one of the following: <br />Seller certifies that there is no individual sewage treatment system on or serving the property. <br />Individual sewage treatment systems on or serving the property are disclosed by Seller on the <br />attached disclosure statement. <br />19. Seller's Affidavit. At closing, Seller shall supplement the warranties and representations in this <br />Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116 -M, 117 - <br />M, or 118 -M] Affidavit of Seller. <br />20. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon Seller and <br />Buyer and their respective heirs, executors, legal representatives, successors and assigns. Seller acknowledges Buyer <br />will assign this Agreement to an affiliated non - profit corporation to be formed to complete the construction of the <br />proposed addition. <br />21. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with <br />no brokers, finders, or the like in connection with this transaction, and agree to indemnify each other and to hold each <br />other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting <br />from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs <br />of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, <br />including reasonable attorney's fees. <br />22. Closing Costs. Buyer shall pay costs associated with closing except for the following: Title insurance <br />should seller not deliver an owner's duplicate or current abstract, State deed tax, conservation fee, well certificate <br />recording, and any fees associated with recording satisfactions or releases relating to transactions occurring prior <br />to the date of this Purchase Agreement, and special assessment searches. <br />H: \KrisP \CORRESP\Kris' 2001\Common Bond Purchase Agreement.doc <br />Page 4 of 6 <br />Page 27 <br />
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