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A. Seller shall surrender any abstract of title and a copy of any owner's title insurance <br />policy for the property, if in Seller's possession or control, to Buyer or Buyer's <br />designated title service provider; and <br />B. Buyer shall obtain the title services determined necessary or desirable by Buyer or <br />Buyer's lender, including but not limited to title searches, title examinations, <br />abstracting, a title insurance commitment or an attorney's title opinion at Buyer's <br />selection and cost and provide a copy to Seller. <br />Seller shall use Seller's best efforts to provide marketable title by the date of closing. <br />Seller agrees to pay all costs and fees necessary to convey marketable title including <br />obtaining and recording all required documents, subject to the following: <br />In the event Seller has not provided marketable title by the date of closing, Seller <br />shall have an additional 30 days to make title marketable, or in the alternative, <br />Buyer may waive title defects by written notice to Seller. In addition to the 30-day <br />extension, Buyer and Seller may, by mutual agreement, further extend the closing <br />date. Lacking such extension, either party may declare this Purchase Agreement <br />canceled by written notice to the other party, or licensee representing or assisting <br />the other party, in which case this Purchase Agreement is canceled. If either party <br />declares this Purchase Agreement canceled, Buyer and Seller shall immediately <br />sign a Cancellation of Purchase Agreement confirming said cancellation and <br />directing all earnest money paid hereunder to be refunded to Buyer. <br />7. SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS. <br />Seller represents, warrants and covenants to Buyer as follows: <br />A. Authority. This Agreement has been duly executed and delivered; any <br />closing documents to be signed by Seller will be duly executed and <br />delivered on each Closing Date; such execution, delivery and <br />performance by Seller do not and will not conflict with or result in a <br />violation of any judgment, order, or decrees of any court or arbiter to <br />which Seller is a party or by which it is bound; this Agreement and <br />those closing documents to be signed by Seller will contain the valid <br />and binding obligations of Seller, and be enforceable in accordance <br />with their terms. <br />B. Leases. As of the Effective Date and the Closing Date, the Property is <br />not, and. will not be, subject to any lease or occupancy agreement. <br />C. Special Assessments. Seller shall pay the outstanding balance due to the <br />City of Lake Elmo for all special assessments levied or pending against <br />4 <br />