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<br /> 7 <br />419290v2 LN140 -109 <br /> <br /> 9.0. Closing . The closing shall t ake place no later than July 1, 20 13 (the “Date of <br />Closing”) or on such other date as EDA and Developer may mutually agree in writing. The closing <br />shall take place at the office of title insurer or such other place as the EDA and Developer may <br />reasonably determine. Possession of the Property shall be delivered on the Date of Closing. <br /> <br /> 1 0 .0. EDA’s Obligations At Closing . On or prior to the Date of Closing, EDA shall: <br /> <br /> 1 0 .1. Execute, acknowledge and deliver to the Developer a quit claim deed, with a <br />r ight of reverter, to the Property conveying to the Developer marketable fee simple title to <br />the Property, Subject to the encumbrances approved by Developer in accordance with <br />Section 4.2 . <br /> <br /> 1 0 .2. Deliver to Developer an affidavit of the EDA in recordable form identifying <br />the EDA as the owner of the Property free and clear of all encumbrances except the <br />encumbrances approved by Developer in accordance with Section 4.2 that all work, labor, <br />services and materials furnished to or in connection with the Prope rty have been fully paid <br />for so that no mechanic’s, materialmen’s, or similar lien may be filed against the Property. <br /> <br /> 1 0 .3. In the event the quit claim deed described in Section 1 0 .1 does not contain the <br />statement “The Seller certifies that the Seller does not know of any wells on the described <br />real property”, EDA shall execute and deliver to Developer a Well Disclosure Certificate as <br />required in Minnesota Statutes , Section 103I.235 indicating that all wells have been properly <br />abandoned and sealed by a licensed well contractor, all as required by the rules and <br />regulations issued to Minnesota Statutes , Section 103I.501(a)(2). <br /> <br /> 1 0 .4. Execute and deliver to Developer a Designation Agreement relating to the <br />Property which designates the “reporting person” for purposes of completing Internal <br />Revenue Form 1099S. <br /> <br /> 1 0 .5. Deliver to Developer such other documents as may be required by this <br />Agreement or applicable law. <br /> <br /> 1 0 .6. Deliver to Developer evidence of EDA’s authorization to complete this <br />transaction . <br /> <br /> 1 0 .7. Execute and deliver to Developer a closing statement consistent with this <br />Agreement. <br /> <br /> 10.8 Execute and Developer an subordination agreement among EDA, Developer <br />and Developer’s lender, in substantially the form approved by the EDA on March 11 , 2013. <br /> 1 1 .0. Developer’s Obligations at Closing . At closing, and subject to the terms, conditions, <br />and provisions hereof and the performance by EDA of its obligations as set forth above, the <br />Developer shall: <br />