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(2) possession of the Property; <br />(3) a Seller's affidavit in form acceptable to the Title Company; <br />(4) a well disclosure certificate or a statement on the deed asserting that Seller <br />does not know of any wells on the Property; <br />(5) <br />an individual sewage system disclosure, if applicable; <br />(6) an underground storage tank disclosure, if applicable; <br />(7) <br />(8) <br />(9) <br />a Non -Foreign Affidavit stating under the penalty of perjury that Seller is not <br />a foreign person within the meaning of Section 1445 of the Internal Revenue <br />Code, setting forth Seller's taxpayer identification number and address or, in <br />the alternative, an instruction letter addressed to the Title Company and <br />Purchaser authorizing the withholding of ten percent (10%) of the Purchase <br />Price of the Property by Purchaser; <br />a certified copy of the duly adopted City Ordinance and Resolution <br />authorizing Seller's sale of the Property to Purchaser; and <br />such other documents as may reasonably be required to transfer fee title to <br />the Property to Purchaser and to enable the Title Company to provide the <br />Title Policy as required by this Contract. <br />c. Deliveries by Purchaser. At the Closing, Purchaser shall deliver to Seller 100% of <br />the Purchase Price, all Earnest Money being applied thereto. <br />d. Prorations and Closing Costs. Seller and Purchaser agree to the following <br />prorations and allocation of costs, fees, taxes and special assessments with respect to the Property <br />which the Parties will pay at Closing: <br />(1) Title and Closing Fees. Purchaser shall pay fees charged by the Title <br />Company related to issuing the Title Commitment, including all examination <br />fees and title search fees. Purchaser shall pay the premium(s) for the Title <br />Policy. Seller and Purchaser shall each pay one-half of any closing fee <br />charged by the Title Company. With respect to all other costs, each Party <br />shall pay its share of the Closing costs which are normally assessed by the <br />Title Company against a seller or purchaser in a transaction of this character <br />in the County. <br />(2) Deed Tax and Recording Fees. Seller shall pay any deed tax, conservation <br />tax, and the cost of recording any documents necessary to cure Purchaser's <br />Objections or otherwise transfer good and marketable title to Purchaser. <br />Purchaser shall pay all document recording fees for the warranty deeds and <br />for filing the final plat, if any. <br />13 <br />DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx <br />