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HomeMy WebLinkAboutContract 1634 Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. August 1997) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchasa Agreement PURCHASE AGREEMENT / PAGE 1 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT ~ Copyright 1996, 1997 by Minnesota State Bar Association, Minneapolis, Minnesota BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Association disclaims any liability arising out of the use of this form. 1 1. PARTIES. This Purchase Agreement is made on ~_200J , by and between 2 Hcidi_G._K~_V~ Heidemam~ [marital status] 3 of [seller's address] -3J18-Central-&venue_South~Columbia_Hei~hts~/vlN_55421 , SELLER, and 4 City_o£Columbia_~ei~t as ~i~'t-t.e~al.~s [strike "]oint tenants" 5 if tenancy-in common is intended] of [buyer's address] ~,~L~_- 40t~l~ue N-E..-Golumbja_,'-Iei~hls.~lN_55_421 6 7 BUYER. 8 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to soil real property legally described as: 9 Lo LiS .-B lock~_Co lumbla-Hcights~kuocx lo_Minnc ap~lis.~kno ka_Co unty~Minncsoha 10 11 12 13 [Property Tax Identification Number er Tax Parcel Number 14 15 located at ........... 3738_CentraLAYenue_South __ , City of_ Columbia~-Ieights 16 County of _ Anoka , State of Minnesota, Zip Code 55~42J, 17 18 19 20 21 ~2 23 24 25 26 27 28 29 3. ACCEPTANCE DEADLINE. The acceptance date of this Purchase Agreement is the date it is delivered by the last party signing to the other party. This offer to purchase, unless accepted sooner, shall be void at 11:59 A.M., on [date] ~uLy_~l~O0.[ and in such event all earnest money shall be refunded to Buyer. 4. FERSOhiAL PROPER i Y AND FIXTURES INCLUDED It',t SALE. The fallowing iterris of persona! property and fi×tu:ea c.:,.'ned by Seller and currently located on the real property are included in this sale [Strike out items not included]: garden bulbs, plants, shrubs, trees, storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, t~4k-~n h-d.m~i4i~r~, built-in air conditioning units, b',..,41t-~-e~-~et~o~i~ei~-fil.l,e~s? automatic garage door openers with controls, television antennas, water softeners, built-in dishwashers, garbage disposals, bt~lM~-~fes~-e~ml~ct~s, built-in ovens and cooking stoves, hood-fans, intercoms, installed carpeting, wo~k-~--~-~¢~, ~"e'~,y.s, te.~s, and also the following property: 30 31 32 33 34 35 36 37 Upon delivery of the Deed, Se#er shall a/so deliver a Warranty B/Ii of Sale for the above personal property. [Check the box if the fei/owing provision applies to this Purchase Agreement:] [] Seller sha~l use M.S.B.A. Real Property Form No. 90 (1997), Warranty Bill of Sale. 5. PRICE AND TERMS. The price for the real and personal property included in this sale is Se~enty_ThousancLand_~qoLl.(X)= ....................... 38 Dollars ($~/~.000~.00 ), which Buyer shall pay as follows: 39 40 Earnest money of $ 1.000L00 by [~'SA~'--I, CHECK, -ND-TE - state which] check 41 [eelect one:] 42 J~ Seller, to be deposited and held by Seller (and may be commingled with Seller's other funds) pending closing, 43 H Seller's lawyer, to be deposited and held in the lawyer's trust account pending closing, 44 ~ Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, 45 L_.J Other [describe how the earnest money will be held] 46 payable to 47 48 49 50 51 52 53 54 55 56 57 58 receipt of which is hereby acknowledged and $ 69_.(~0~00 cash, on , 2001__, the DATE OF CLOSING, 6. DEED/MARKETABLE TITLE; Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed, joined in by spouse, if any, conveying marketable title of record, subject to: A.6ui~ding =nd ~cnln~ I~;;,s, r~rdinence~. ~tete end federal regulations; B. Restrictions relating to use or improvement of the real property without effective forfeiture provisions; C.Reservation of any mineral rights by the State of Minnesota; D. Utility and drainage easements which do not interfere with existing improvements; E. Exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted by Buyer in this Purchase Agreement [must be spec/f/ed in writing]: 59 6O 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be pro- rated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement. If tax statements for such taxes are not available on the Date of Closing, the amount to be prorated shall be_.[0~_% of the prior year's taxes, and such estimated proration shall be [strike one] FULL AND FINAL BETWEEN SELLER AND BUYER / THE'~6'T'I:J~'9'~CA'T'E'N~CN~'~'F-~R-StJ~H"~EAR· (in which case the party entitled to a credit as a result of the adjustment shall receive the amount of such credit from the other party within 30 days of issuance of the tax statements). Seller represents the taxes due and payable in the year(s)____~00J will be FULLr PA-R:r; N~N -homestead classification, unless Buyer changes the tax classification for taxes payable in the year following closing by taking possession of the real property as Buyer's homestead and filing a new homestead declaration within the time required by law. If the taxes due and payable in the year.of closing are PART or NON-homestead classification, Sailer shall pay to Buyer at closing $ -0- , in addition to Seller's prorated share of the taxes. If the taxes due and payable in the year following closing are PART or NON-homestead classification and the closing takes place after the date by which Buyer must take possession of the real property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer at closing $ ____--.---~-0_- ____ as Seller's share of such taxes. [Strike one:] BI:P~:R-AN~'SEt.-L-ER-CJH~I-E-PF~tRA-T-E-AS-O~-T-HE-EhOr~CCI~.. / SELLER SHALL PAY ON DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. [Strike one:] ~c~Y~-R~3HA~E-AG~LfME--- / SELLER SHALL PAY ON DATE OF CLOS NG all other special assessments levied as of the date of this Purchase Agreement. 77 [Strike one:] BUYER SHALL ASSUME / 9EI'f-'Eff'ffi'I~'PR~H~E"Fig~°~YMEN'f'H~)P'--- special assessments pending as of the date of 78 this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's 79 provision for payment shall be by payment into escrow of I ~ times the estimated amount of the assessments.) As of the date of this WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller/Davis Co., St. Paul, MN--Form 13OO (1994; Rev, 1996; Rev, 1997; Rev. August 1997) Minnesota Standard Residential Purchase Agre';ment Milrer/Davis Co. o St. Paul, MN 651-642-1988 M.S.B.A. Real Property Form No. 1 PURCHASE AGREEMENT / PAGE 80 Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of ~ new public improvement project from any 81 governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment becomes 82 pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: B3 A. Assume payment of the pending speciat assessment without adjustment to the purchase price of the real property; or, 84 B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above} and Buyer shall pay a 85 commensurate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the 86 assessment; or, 87 C. Declare this Purchase Agreement void by notice to Seller, and earnest money shall be refunded to Buyer. 88 [Strike one:] BU.¥F.R-~AI..L-~- I SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes (including "Green 89 Acres" taxes under Minn. Stat. 273.111) or special assessments payment of which is required as a result of the closing of this sale. 90 Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable 91 therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of 92 future real estate taxes or of future special assessments. 93 94 9. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate 95 and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, 96 Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 97 21-day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 98 99 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within 100 the boundary lines of the real property. Se~ler warrants that there is a right of access to the real property from a public right of way. Seller 101 warrants that there has been no labor or material furnished to the real property for which payment has not been made. Seller warrants that 102 there are no present violations of any restrictions relating to the use or improvement of the real property. These warranties shall survive 103 the delivery of the Deed or Contract for Deed. 1 O4 105 10, CONDITION OF PROPERTY. 106 108 and doors}, wiring, and plumbing used and located on the real property are in working ~t Date o~~preeen~s 109 that the property has / has not had a wet basement or water i~f has /~l~._l_ea.k.e._d. 110 Seller warrants that--~-e pro~: l_a /is no~ / N~,' cabl.e--~. YES j I~O. 111 Seller shall remove ~.. n d.ate. _Seller 112 has not receive ' rom any .governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease 1 13 G .... ~ ,fcc: ~, t,,c .... 114 1 15 B, Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by 1 16 any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except 1 17 as follows: 118 119 120 121 122 123 124 C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed, 125 provided that any notice of a defect or claim of breach of warranty must be in writing and any such notice with respect to matters 126 referred to in A., above must be given by Buyer to Seller within one year of the Date of Closing or be deemed waived. 127 129 D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending 129 regulations, Seller does not plan to have the property inspected. Other than the representations made in this paragraph 10, the 130 property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions, quality of 131 construction, workmanship, or fitness for any particular purpose. (This paragraph is not intended to waive or limit any provisions of 132 Minn. Stat., Chapter 327A.) 133 134 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or 135 regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any 136 person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent 137 domail;, candernnadon, specia~ taxing district, or rezoning Droceedings. 138 139 12. TRUTH-IN-HOUSING. Buyer acknowledges receipt of the Truth-in-Housing Disclosure Report or other inspection report if required by the 140 municipality in which the real property is located. 141 142 13. POSSESSION. Seller shall deliver possession of the property not later than the._date.~f closing. All interest, fuel oil, liquid 143 petroleum gas, and ail charges for city water, city sewer, electricity, and natural gas shatl be prorated between the parties as of __ 144 the~late of closing 145 146 14. EXAMINATION OF TITLE. To demonstrate that Seller's title is good and marketable of record, within a reasonable time after 147 acceptance of this Purchase Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to 148 date including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., 149 liens, and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or 150 Registered Property Abstract either to have Buyer's lawyer examine the title and provide Seller with written objections or, at Buyer's own 151 expense, to make an application for a title insurance policy and notify Seller of the application. Buyer shall have ten (10) business days 152 after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be 153 deemed to have waived any title objections not made within the ten (10) day period above, except that this shall not operate as a waiver of 154 Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, 155 Buyer is not waiving the right to obtain a good and marketable title of record from Seller. 156 157 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title 158 marketable. Upon receipt of Buyer's titta objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make 159 title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow 160 from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending 161 correction of title, all payments required herein and the closing shall.be postponed. 162 A, If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation 163 establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, 164 the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. 165 B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made 166 marketable, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to Miller/Davis Co., St. Paul, MN-Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. August 1997) Minnesota Standard Residential Purchase Agreement Miller/Davis Co. o St. Paul, MN 651-642-1988 M.S.B.A. Real Property Form No. I PURCHASE AGREEMENT / PAGE 3 168 C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being 169 made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 170 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: 171 (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall 172 be limited to the cost of curing objections to title, and consequential damages are excluded}; or 173 (b) Undertake proceedings to correct the objections to title; 174 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void 175 and alt earnest money paid shall be refunded to Buyer; 176 3. Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; 177 4. Specific performance within six months after such right of action arises. 178 D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect 179 either of the following options, as permitted by law: 180 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties 181 acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for 182 payment notwithstanding cancellation; 183 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as 184 permitted by law. 185 E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as 186 permitted by law: 187 1. Seek damages from Seller including costs and reasonable lawyer's fees; 188 2. Seek specific performance within six months after such right of action arises. 189 190 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 191 above and, if mailed, are effective as of the date of mailing. 192 193 17. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision el~ land owned by Seller, S~.l!er eh=Il pay alt subdivision 194 expenses and obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed 195 has been or will be approved for recording as of the Date of Closing. 196 197 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 198 199 19. WE, LL DISCLOSURE. [Check one of the fa#owing:] 200 _¥_ Seller certifies that Seller does not know of any wells on the real property, 201 __ Wells on the real property are disclosed by Seller on the attached Well Disclosure form. 202 203 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. 204 [Checkpither A er B:] 205 _¥_ A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency 206 (for example, a city or municipal sewer system). 207 __ B. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control 208 Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). 209 [Check either C or D:] 210 C. Seller does not know if there is an abandoned individual sewage treatment system on the property. 211 _~_ D. Seller knows that there [strike one:] are / are no abandoned individual sewage treatment systems on the property, If Seller 212 discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires 213 that the location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment 214 System with map completed.] 215 216 21. LEAD PAINT DISCLOSURE. [Check one of the following:] 217 Seller represents that the dwelling was constructed on the real property in 197B or later. 21S ~ Seller represents that the dwelling was constructed on the real property before 1978. (if such housing is located on the real 219 property, attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED 220 BEFORE 1978".) 221 222 22. WETLANDS, SHORELAND. AND FLOOD PLAIN CONCERNS. Currently the law does not require Seller to disclose Seller's knowledge, 223 if any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. If Buyer has not already investigated these 224 concerns, Buyer might want to include Seller's disclosures regarding these concerns. [Check the box if the following provision applies to 225 this Purchase Agreement:] [] ADDENDUM TO PURCHASE AGREEMENT: WETLANDS. SHORELAND AND FLOOD PLAIN DISCLOSURE, 226 M.S.~.A. Rea Fropert¥ Form .No. 8 {1997), is included es an addendum to this Purchase Agreement. 227 228 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by 229 executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116-M, 117-M, or 118-MI Affidavit of Seller. 230 231 24. CLOSING. Closing shall be at the office of Seller's lawyer, Buyer's title insurer, or at some other mutually agreeable location. 232 233 [State other location:] At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 25. ADDITIONAL TERMS: 234 235 236 237 238 239 24O 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 26. ADDENDA. Attached are _ ] addenda which are made a, part of this Purchase Agreement. 27. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 28. MULTIPLE ORIGINALS. Seller and Buyer have signed [numbed 3 originals of this Purchase Agreement. Miller/Davis Co., St. Paul, MN-Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. August 1997) Minnesota Standard Residential Purchase Agreement Miller/Davis Co. e St. Paul, MN 651-642-1988 M.S.B.A. Real Property Form No. 1 PURCHASE AGREEMENT / PAGE 4 257 258 259 26O 261 262 263 THI..__~S I.~S A LEGALL~Y BINDIN.~.~G.CONTRACT~ BEFORE SIGNING~ CONSULT A_ LAWYER. Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommendation or representation may be made by any real estate broker or sales agent as to the legal sufficiency, the legal effect, or the tax consequences of this contract. These are questions for your lawyer. I agree to sell the property for the price and terms and I agree to purchase the property for the price and terms and conditions set forth above, conditions set forth above. / , - [ CITY OF I H S 'Heidi G. K. Vo. Heidem~ (dat.) ~S -- ? -- ' W ~ / Z ~ (date) (date) Charles M. Seykora BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 This Purchase Agreement was prepared by: Others who will assist Seller or Buyer with this transaction: Attorney For Buyer Telephone: Facsimile: CHARLES M. SEYKORA BARNA, GUZY & STEFFEN, LTD. 400 NORTHTOWN FINANCIAL PLAZA 200 COON RAPIDS BLVD. MINNEAPOLIS, MN 55433-5894 763-780-8500 Listing Agent and Broker for this transaction are: Telephone: Facsimile: Selling Agent and Broker for this transaction are: Telephone: Facsimile: Buyer's or Lender's Title Insurer: Telephone: Facsimile: Miller/Davis Co. ~ St. Paul, MN 651-642-1988 1317 (NEW 9/~') M.S,B.A. Real Property Form No. 1 1 LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 (use only with Minnesota Standard Residential Purchase Agreement, Minnesota State Bar Association 1997) 1 This addendum is a continuation of Paragraph 21 of the Purchase Agreement 2 dated 2001 3 by and between Heidi G. K. Yon HeJdemana.._Se[[er 4 and Cil:y_Qf_C~zlumbia HPjghts~ B~LLyer 5 for the property located at or described as 3718 Ce~tr_al Ave[zue_SQUth~ColumbiaJ:leigl:Lts,_ML'~_ 6 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 LEAD WARNING STATEMENT Every purchaser of any interest in res/dent/a/real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may p/ace young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including /earning disabilities, reduced intelligence quotient, behavioral problems, and/mpa/red memory. Lead poisoning a/so poses a particular risk to pregnant women. The Se//er of any interest in resident/a/rea/property/$ required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended pr/or to purchase. LEAD PAINT INSPECTION CONTINGENCY Buyer's obligations under this Purchase Agreement are contingent upon Buyer obtaining within 10 business days of the date hereof a risk assessment or inspection of the property for possible lead-based paint and lead-based paint hazards, the results of which are acceptable to Buyer. This contingency shall be deemed satisfied, and this Purchase Agreement shall be in full force and affect and binding upon Buyer and Seller, unless, within 10 business days of the date hereof, Buyer notifies Seller in writing that the results of the risk assessment or inspection are unacceptable to Buyer. If Buyer notifies Seller of unacceptable results, this Purchase Agreement shall be null and void and all earnest money shall be refunded to Buyer. Buyer may waive in writing this contingency at any time. Seller's Disclosure (a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below: (i) __ Lead-based paint or lead-based paint hazards are present in the housing (explain). (ii) ~/ Seller has no knowledge of lead-based paint or lead-based paint hazards in the housing. (b) Records and reports available to the Seller (check (i) or (ii) below): (i) __ Seller has provided Buyer with all records and reports in Seller's possession or reasonably obtainable by Seller pertaining to lead-based paint and lead-based paint hazards in the housing (list documents below). (ii) ~/ Seller has no reports or records pertaining to lead-based paint or lead- based paint hazards in the housing. Buyer's Acknowledgment (initial) (c) ..... Buyer has received copies of all information listed at (b) (i) above. (d) __ Buyer has received tl~e pamphlet Pro[,?ct 'Four F&'mi/y from Le~;~d kw Your/~o,~. (e) ~/~_ Buyer has (check (i) or (ii) below): (i) __received a 10 business day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and lead-based paint hazards; or (ii) ~ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and lead-based paint hazards. Agent's Acknowledgment (initial) (f) __ Agent has informed Seller of Seller's obligations under 42 U.S.C.4852d and is aware of Agent's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certifv, to the best of their Miller/Davis Co. © St. Paul, MN 651-642-1988 1317 (Nt~Wg196) M.S.B.A. Real Property Form No. 11 LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 (use only with Minnesota Standard Residential Purchase Agreement, Minnesota State Bar Association 1997) 1 This addendum is a continuation of Paragraph 21 of the Purchase Agreement 2 dated 2Q01 3 by and between EIeidLG~K. Von HeJdemanQ,_SelJer 4 and City_o f_Colu m bia~ eig bts,_Buye r_ 5 for the property located at or described as 3?_l_8_Cen~[al~_v_eoue~S.oJ~tb,_CoJumbia~[eigh~s,_MN_ 6 9 LEAD WARNING STATEMENT 10 Every purchaser of any interest in residential real property on which a residential dwelling was built 11 prior to 1978 is notified that such property may present exposure to lead from lead-based paint that 12 may p/ace young children at risk of developing lead poisoning. Lead poisoning in young children 13 may produce permanent neurological damage, including /earning disabilities, reduced intelligence 14 quotient, behavioral problems, and impaired memory. Lead poisoning a/so poses a particular risk to 15 pregnant women. The Se//er of any interest in res/dent/a/rea/property is required to provide the 16 Buyer with any information on lead-based paint hazards from risk assessments or inspections in the 17 Seller's possess/on and notify the Buyer of any known lead-based paint hazards. A risk assessment 18 or inspection for possible lead-based paint hazards is recommended pr/or to purchase. 19 2O LEAD PAINT INSPECTION CONTINGENCY 21 Buyer's obligations under this Purchase Agreement are contingent upon Buyer obtaining within 10 22 business days of the date hereof a risk assessment or inspection of the property for possible 23 lead-based paint and lead-based paint hazards, the results of which are acceptable to Buyer. 24 25 This contingency shall be deemed satisfied, and this Purchase Agreement shall be in full force and 26 affect and binding upon Buyer and Seller,.unless, within 10 business days of the date hereof, Buyer 27 notifies Seller in writing that the results of the risk assessment or inspection are unacceptable to 28 Buyer. If Buyer notifies Seller of unacceptable results, this Purchase Agreement shall be null and 29 void and all earnest money shall be refunded to Buyer. 30 31 Buyer may waive in writing this contingency at any time. 32 33 Seller's Disclosure 34 (a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below: 35 (i) ___ Lead-based paint or lead-based paint hazards are present in the housing (explain). 36 (ii) ~ Seller has no knowledge of lead-based paint or lead-based paint hazards 37 in the housing. 38 (b) Records and reports available to the Seller (check (i) or (ii) below): 39 (i) ........ Seller has provided Buyer with all records and reports in Seller's 40 possession or reasonably obtainable by Seller pertaining to lead-based paint 41 and lead-based paint hazards in the housing (list documents below). 42 (ii) ~/ Seller has no reports or records pertaining to lead-based paint or lead- 43 based paint hazards in the housing. 44 45 Buyer's Acknowledgment (initial) 46 (c) __ Buyer has received copies of all information listed at (b) (i) above. 47 (d) __ Buyer has received the pamphlet Protect Your Family from Lead in Your Home. 48 (e) ~ Buyer has (check (i) or (ii) below): 49 (i) __received a 10 business day opportunity (or mutually agreed upon period) to 50 conduct a ris)< assessment or inspection for the presence of lead-based paint and 51 lead-based paint hazards; or 52 (ii) ~/ waived' the opportunity to conduct a risk assessment or inspection 53 for the presence of lead-based paint and lead-based pa!nt hazards, 54 55 Agent's Acknowledgment (initial) 56 (f) __ Agent has informed Seller of Seller's obligations under 42 U.S.C.4852d and is 57 aware of Agent's responsibility to ensure compliance. 58 59 Certification of Accuracy 60 The following parties have reviewed the information above and certify, to the best of their 61 knowledge, that the information they have provided is true and accurate. 63 ~ , ;9 64 65 66 67 68 69 7O 71 72 73 74 '~e~t'l~'v ~' Seller Buyer Buyer 75 Agent Agent STATEMENT OF OCCUPANCY I, Heidi G. K. vonHeideman, as the Personal Representative of the Estate of Madeline Jeanette vonHeideman, state that the propen~y located at 3718 Central Avenue South, Colm=bia Heights, Minnesota, has been tmoccupied since FebrumT¢ 25, 2001. Dated: Heidi G. K. vomHeideman Personal Representative Estate ofMadeline Jeanette vonHeideman