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08/09/00 10:36 FAX 651 223 5055 <br />DUDLEY & SMITH 41003/011 <br />b. An Affidavit attesting that, on the date of closing, there are no unsatisfied outstanding <br />judgments, tax liens or bankruptcies against or involving the Seller, that there has <br />been no lienable skill, labor or material furnished to the property; that there are no <br />other unrecorded interests in the property of any kind of which Seller is aware and any <br />other standard form Seller's Affidavit which may reasonably be required for <br />Purchaser. <br />c. All other documents necessary or appropriate to complete the transaction <br />contemplated by this Agreement agreed upon by the parties and their respective <br />counsel. <br />d. Affidavit that to the best of Seller's knowledge, no above ground or underground <br />tanks are or have been located no the property. <br />e. All unrecorded instruments, contracts or conveyances required to perfect or evidence <br />the marketability of Seller's title to the property in recordable form. <br />f. Certified copy of the Last Will and Testament of Gerald Mogren. <br />g. Certified copy of the Letters Testamentary from the Estate of Gerald Mogren. <br />h. Certified copy of the Order admitting the Will and appointing Arlene H. Mogren as <br />Personal Representative of the Estate of Gerald Mogren. <br />6. Purchaser's Performance. Subject to performance by Seller, Purchaser shall deliver <br />to seller the following at closing: <br />a. Subject to closing prorations, all sums payable by Purchaser at closing under <br />Paragraph 3 of this Purchase Agreement in cash or by check. <br />b. Subject other and further documents, instruments and certificates, not inconsistent <br />with the provisions of this agreement, executed by Purchaser that Seller shall <br />reasonably require to carry out and effectuate the purposes and terms of this <br />Agreement. <br />7. Closing Costs. Purchaser shall pay costs associated with closing except for the <br />following_ State deed tax, conservation fee, well certificate recording, and any fees associated with <br />recording satisfactions or releases relating to transactions occurring prior to the date of this Purchase <br />Agreement, and special assessment searches. Seller shall provide a Commitment for Title Insurance, <br />an Owner's Duplicate Certificate or a current Abstract of Title. <br />8. Special Assessments. All special assessments levied as of the date of closing shall be <br />paid by Seller. Purchaser will assume all pending assessments. <br />(7:x741c0s04395•1- 07.f.001 2 <br />Page 31 <br />