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if the Development and the Plat <br />DwTier shall execute and deliver <br />andition of-appro-val -of-thc- Plal.- <br />to Developer ’s compliance with <br />“in to the City. Developer agrees <br />r’s execution and delivery of the <br />: by execution and delivery by <br />containing the tenns of Exhibit <br />I shall he secured by a Mortgage <br />^lortgagc"). The Mortgage shall <br />tted lots included in the Plat, and <br />5 land development loan up to an <br />: and dclixer the Note and the <br />.•ment. and the Mortgage shall be <br />e Hennepin County Registrar of <br />i bv Premier as the holder of fee <br />The Note shall be payable and <br />cd in Exhibits A and D attached <br />execute and deliver the Easement <br />;s to be installed by Developer as <br />y sewer and two city water stubs <br />■ Owner’s Property in locations <br />: connection of sanitary sewer and <br />lure residence or residences to be <br />y sewer and city water stubs or <br />iniiary sewer lines to be installed <br />ment. private or public, to 0\s tier <br />idard connection fees that may be <br />ture Owner of Owner’s Properly <br />lbs or connections. <br />^amily lots m the Development. <br />■s the right to have access from <br />to Countv Road No. 146 for two <br />d. Developer shall be solely responsible for completion of all driveway, road and utility <br />improvements to be constructed within Tract G, at Developer ’s sole expense, and <br />Developer shall complete the same in compliance with all requirements of the City, <br />and shall fully restore all vegetation and landscaping within Tract G after completion <br />of road and utility construction by Developer. <br />c. Developer rights in this Agreement arc not assignable. Owner shall be obligated to <br />grant the Easement only to Developer, if and when Developer has obtained final <br />approvals for the Development and the Plat from the City and has acquired fee title <br />to Tract H. <br />4. In the event Developer has not obtained final approvals for the Development and the Plat <br />from the City and acquired fee title to Tract H by September 30th, 2004, this Agreement shall be null <br />and void and neither party shall have any further rights or obligations hereunder. <br />5. All of the tenns, covenants and conditions of this Agreement shall be binding upon Ow ncr <br />and Developer and their respective heirs, and pemu’tled successors and assigns. <br />IN WITNESS WHEREOF. Owner and Developer have cxccnlcil this Agreement effective <br />and date and year first above written. <br />OWNER; <br />Mary A'. Dunn <br />DEVELOPER: <br />—-/ ri V ■ <br />Henry J. I^.iiiai4 /J <br />Premier Design & Development, Ll.C <br />'^ / 0 ^B V —J. ?■ r ^ f. L <br />./? .{/{ /l <br />-3-