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HRA PACKET 09142021
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HRA PACKET 09142021
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9/9/2021 4:25:18 PM
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3 <br />4839-8767-9929\3 <br />(e) Review and approval of title as provided and in accordance with the timeframes set <br />for in Section 7 below; <br />(f) Review and acceptance of seller’s representations and information as provided <br />below; <br />(g) As described in paragraph 4 above, simultaneous closing of the Interstate Purchase. <br />The buyer will diligently pursue all above items. In the event buyer fails to <br />satisfactorily complete these items within the time period provided, buyer may choose to <br />extend the Due Diligence Period by up to two (2) additional thirty (30) day periods (“Due <br />Diligence Extension Period One,” and “Due Diligence Extension Period Two,” <br />respectively, and collectively “Due Diligence Extension Periods”). In the event buyer has <br />failed to satisfactorily complete these items and both the initial Due Diligence Period and <br />the respective Due Diligence Extension Periods have expired, either Bremer or the HRA <br />may choose to terminate this Agreement with no liability on either side by written notice <br />at any time prior to the expiration of the Due Diligence Period (as extended, if applicable), <br />except as specifically provided herein. <br />6. Delivery of Seller Documents. Not later than seven (7) days following the Effective Date, <br />each party shall provide the other party with all existing information the seller has with <br />respect to its respective parcel, including but not limited to surveys, topographic maps, <br />environmental conditions, geotechnical information and all other prior documents related <br />to the ownership and operation of the Parcels. In the even either party requires additional <br />information and that information is not available from the other party, the party requiring <br />additional information shall be solely responsible for the cost thereof. <br />7. Title Evidence. Not later than fourteen (14) days following the Effective Date, each party <br />hereto shall provide the other party with a current title insurance commitment with respect <br />to its respective parcel. Bremer’s title commitment shall be provided by Guaranty <br />Commercial Title Insurance Company and HRA’s title insurance commitment shall be <br />provided by Guaranty Commercial Title Insurance Company. The cost of the title insurance <br />commitment shall be solely the responsibility of the seller of that parcel. Subject to <br />Permitted Encumbrances (defined below), each party shall have the obligation to convey <br />good and marketable title to its respective parcel, free and clear of mortgages, security <br />interests, easements (other than utility easements in favor of the HRA which do not <br />interfere with proposed improvements to be constructed on the respective parcels) and <br />other matters of record which would materially and adversely affect use of the respective <br />parcel for its intended use. If either party objects to any title matter disclosed in the <br />respective title insurance commitments, then such party shall notify the other party in <br />writing within fourteen (14) days of receiving the title insurance commitment. The <br />responding seller then shall have fourteen (14) days to respond to the buyer’s title <br />objections. The parties shall negotiate in good faith to resolve such objection, but neither <br />party shall have the obligation to resolve any objection or incur any cost in connection <br />therewith. If such objection is not resolved within a period of thirty (30) days after the date <br />of written notice of such objection, either party shall have the right, as its sole remedy, to <br />terminate this Agreement by written notice to the other party within 10 days after the <br />Deleted: Trident <br />Deleted: sixty <br />Deleted: 6
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