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03-11-13 Council Packet
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03-11-13 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
03/11/2013
Council Meeting Type
Regular
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<br />419290v2 LN140 -109 <br /> B -5 <br />assigns, to construct the Minimum Improvements and the dates for the beginning and completion <br />thereof. Such certification and such determination shall not constitute evidence of compliance w ith <br />or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a <br />mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the <br />Minimum Improvements, or any part thereof. <br /> <br /> All certificat ions provided for herein shall be in such form as will enable them to be <br />recorded with the County Recorder, or Registrar of Titles, Anoka County, Minnesota. If the <br />Grantor shall refuse or fail to provide any such certification in accordance with the provi sions of the <br />Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the <br />Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects <br />the Grantee has failed to complete the Minimu m Improvements in accordance with the provisions <br />of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the <br />opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. <br /> <br />SECTION 2 . <br /> <br /> The Grantee’s rights and interest in the Property are subject to the terms and conditions of <br />Section s 15.3 and 15.4 of the Agreement relating to the Grantor’s right to re -enter and revest in <br />Grantor title to the Property under conditions specified th erein, including but not limited to <br />termination of such right upon issuance of a Certificate of Completion as defined in the Agreement. <br /> <br />SECTION 3 . <br /> <br /> The Grantee agrees for itself and its successors and assigns to or of the Property or any part <br />thereof, he reinbefore described, that the Grantee and such successors and assigns shall comply with <br />Sections 17.5 and 17.6 of the Agreement through the Maturity Date as defined in the Agreement. <br /> <br /> It is intended and agreed that the above and foregoing agreements and covenants shall be <br />covenants running with the land for the respective terms herein provided, and that they shall, in any <br />event, and without regard to technical classification or designation, legal or otherwise, and except <br />only as otherwise specifically pr ovided in this Deed, be binding, to the fullest extent permitted by <br />law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, <br />its successors and assigns, and every successor in interest to the Property, or any par t thereof or any <br />interest therein, and any party in possession or occupancy of the Property or any part thereof. <br /> <br /> In amplification, and not in restriction of, the provisions of the preceding section, it is <br />intended and agreed that the Grantor shall be dee med a beneficiary of the agreements and covenants <br />provided herein, both for and in its own right, and also for the purposes of protecting the interest of <br />the community and the other parties, public or private, in whose favor or for whose benefit these <br />agre ements and covenants have been provided. Such agreements and covenants shall run in favor <br />of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner <br />of any land or interest therein to, or in favor of, which such agr eements and covenants relate. The <br />Grantor shall have the right, in the event of any breach of any such agreement or covenant to <br />exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other <br />proper proceedings to e nforce the curing of such breach of agreement or covenant, to which it or
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