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PURCHASE AGREEMENT: <br />VACANT LAND (RESIDENTIAL) <br />123. Page 4 Date Sp lrYIII,P %Gi } 20(l.1 <br />124. Property located at 3046 Lahore Road Little Canada MN 55109 <br />125. TITLE AND EXAMINATION: Within a reasonable time period after Final Acceptance Date of this Purchase Agreement, <br />126. Seller shall provide one of the following title evidence options, at Seller's selection, which shall include proper searches <br />127. covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments to Buyer <br />128. or Buyer's designated title service provider: <br />129. (1) A commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed to write <br />130. title insurance in Minnesota as selected by Buyer. Seller shall be responsible for the title search and exam costs <br />131. related to the commitment. Buyer shall be responsible for all additional costs related to the issuance of the title <br />132. insurance policy(ies), including but not limited to the premium(s), Buyer's name search and plat drawing, if any. <br />133. Seller shall surrender a copy of any owner's title insurance policy and Abstract of Title, If in Seller's possession or <br />134. control, for this Property to Buyer or Buyer's designated title service provider. <br />135. (2) An Abstract of Title certified to date if Abstract Property or a Registered Property Abstract (RPA) certified to date <br />136. if Registered (Torrens) Property. Seller shall pay for the abstracting or RPA costs and surrender any abstract for <br />137. this Property in Seller's possession or control to Buyer or Buyer's designated title service provider. If Property is <br />138. Abstract and Seller does not have an Abstract of Title, Option (1) will automatically apply. <br />139. Seller shall use Seller's best efforts to provide marketable title by the date of closing. In the event that Seller has not <br />140. provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable or, in <br />141. the alternative, Buyer may waive title defects by written notice to Seller. In addition to the 30 -day extension, Buyer <br />142. and Seller may by mutual agreement further extend the closing date. Lacking such extension, either party may declare <br />143, this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other <br />'144. party, in which case this Purchase Agreement Is canceled. If either party declares this Purchase Agreement canceled, <br />145. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and <br />146, directing all earnest money paid hereunder to be refunded to Buyer. <br />147, SUBDIVISION OF LAND, BOUNDARIES, AND ACCESS: If this sale constitutes or requires a subdivision of land <br />148. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. This <br />149, provision deals with the necessity of subdividing land to complete the sale of the Property described herein in contrast <br />150. to the subdivision provision of lines 55-56 which deals with the future development plans of Buyer. Seller warrants the <br />151. legal description of the real Property to be conveyed has been or shall be approved for recording as of the date of <br />152. closing. Seller warrants that there is a right of access to the Property from a public right of way. <br />153. MECHANIC'S LIENS: Seller warrants that prior to the closing, payment in full will have been made for all labor, <br />164. inaterials, machinery, fixtures or tools furnished within the 120 days immediately preceding the dosing. <br />155. NOTICES: Seller warrants that Seller has not received any nolice 1 rom any gover'nrnentat authority as to condemnation <br />156. proceedings or violation of any law, ordinance or regulation. If the Property is subject to restrictive covenants, Seller <br />157. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any <br />158. such notices received by Seller shall be provided to Buyer immediately. <br />159. DIMENSIONS: Buyer acknowledges any dimensions, square footage or acreage of land or improvements provided <br />160. by Seller, third party, or broker representing or assisting Seller are approximate. Buyer shall verify the accuracy of <br />161. information to Buyer's satisfaction, if material, at Buyer's sole cost and expense. <br />162. ACCESS AGREEMENT: Seller agrees to allow Buyer reasonable access to the Property for performance of any <br />163. surveys, inspections or tests or for water, sewer, gas or electrical service hookup as agreed to herein, Buyer shall <br />164, restore the premises to the same condition it was in prior to the surveys, inspections or tests and pay for any restoration <br />165. costs relative thereto. <br />166, RISK OF LOSS: If there is any loss or damage to the Property between the date hereof and the date of closing for <br />167. any reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the Property <br />168, is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's <br />169. option, by written notice to Seller or licensee representing or assisting Seller. 11 Buyer cancels this Purchase Agreement, <br />170. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and <br />171, directing all earnest money pald hereunder to be refunded to Buyer. <br />172, TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. <br />173. CALCULATION OF DAYS: Any calculation of days begins on the first day (calendar or Business Days as specified) <br />174. following the occurrence of the event specified and includes subsequent days (calendar or Business Days as specified) <br />175. ending at 11:59 P.M. on the last day. <br />6 <br />