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HomeMy WebLinkAboutContract 1965 PURCHASE AGREEMENT THIS AGREEMENT, made and entered into effective as of day of December, 2006, by and between Ruth A. Caliquire and Shirley M. Poore ("Seller") and the City of Columbia Heights (City), a municipal corporation under the laws of the State of Minnesota ("Buyer") WITNESSETH 1. Description of Property. Seller, in consideration of the covenants and agreements of Buyer hereinafter contained, hereby sells and agrees to convey unto the Buyer, its successors and assigns, by warranty deed, accompanied by a Seller's affidavit, upon the prompt and full performance by the Buyer of its part of this Agreement, the real property, commonly known as 4946 Central Avenue N.E. (Property Identification No. 26-30-24-14-0012) in the City of Columbia Heights, and situated in the County of Anoka, State of Minnesota consisting of a parcel of property containing approximately .40 acres, and a building of approximately square feet gross building area, and all furniture, fixtures, and equipment located on the site ("Property") and legally described as: Legal to Govern 2. Purchase Price and Terms. A. Purchase Price. Buyer, in consideration of the covenants and agreements of Seller, hereby agrees to pay to Seller as and for the purchase price of the Property and its contents, Two Hundred and Seventy- Five Thousand Dollars ($275,000). The purchase includes $20,000 in settlement of relocation benefits as further detailed in Paragraph 16 of this Agreement. B. Terms. 1. Earnest Money. The sum of five thousand and no/100 ($5,000.00) dollars earnest money shall be paid by the Buyer to the Seller. 2. Balance Due Seller. Subject to the prOVISIOns of this Agreement, Buyer agrees to pay $270,000 by check or electronic transfer of funds on the Closing Date. 3. Deed. At Closing Sellers agree to execute and deliver to Buyer a Warranty Deed (accompanied by all customary affidavits and certificates) which shall be subject only to the following exceptions: (a) Building, zoning and platting laws, ordinances and state and federal regulations; (b) Reservation of any minerals or mineral rights to the State of Minnesota; (c) Utility and road easements of record that do not interfere materially with the use or development of the Property by the Buyer, in the sole discretion of the Buyer; (d) The lien of real estate taxes 110t yet due and payable, if any (e) Said Deed shall be accompanied by all required well disclosures. 4. Taxes and Special Assessments. Seller shall pay all real estate taxes, interest, and penalties, and all installments of special assessments, relating to the Property due and payable in 2006 and the years ] 300677v4 RJL CL205-30 prior thereto. Buyer shall pay all real estate taxes payable in subsequent years. Seller shall pay all special assessments pending or levied as of the Closing Date. Buyer shall be responsible for all other assessments, levied after closing. 5. Buyer's Due Diligence. Prior to Closing, Buyer may undertake the following activities at its option, and expense: (a) Complete a current Phase I Environmental report prepared in accordance with ASTM standards E-1527-000 covering the Property within forty-five (45) days after acceptance of this Agreement by Buyer and Seller. Seller will provide soil tests, if available. (b) Complete the process of securing quotations of the cost of demolition of the building on the Property by firms or entities qualified to perform such services, within forty-five (45) days after acceptance of the Agreement by Buyer and Seller. (c) Complete the process of securing an asbestos removal estimate for the building on the Property within forty-five (45) days after acceptance of this Agreement by Buyer and Seller. (d) Complete the process of securing an engineering inspection and report, which documents to Buyer's satisfaction that the structure(s) on the Property are structurally substandard within the meaning of Minn. Stat. 9 469.174, subd. 10, within forty-five (45) days after acceptance of this Agreement by Seller and Buyer. 6. Preliminary Inspection by Buyer. Upon prior notice and coordination with Seller, Buyer shall have the right, prior to the Closing Date, to enter upon the Property for the purpose of taking soil tests, borings, making surveys and maps and performing other preliminary investigative work, provided, however, that Buyer shall indemnify and hold harmless Seller from any mechanic's liens, claims, injuries or other damages arising out of such preliminary development work by Buyer, including, but not limited to, any environmental liability resulting from Buyer's activities on the Property. Prior to the Closing Date, Buyer shall not construct or cause the construction of any improvements on the Property. 7. Exhibit A. Addendum. This Agreement is also subject to the Addendum which IS attached as 8. Examination of Title. Seller shall, within fifteen (15) days after the date hereof, furnish Buyer a commitment for an Owner's Policy of Title Insurance ("commitment") covering the Property, which shall include property searches covering bankruptcies, state and federal judgments and liens. Buyer shall be allowed thirty (30) days after receipt of the Commitment for examination thereof and the making of any objections thereto, said objections to be made in writing or deemed to be waived. The Seller shall use its best efforts to make such title marketable within six (6) months from its receipt of Buyer's written objections. Marketability of title shall be determined according to Minnesota statutes, Minnesota case law decisions, and Minnesota title standards. Pending correction of title, the payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice, Buyer shall perform as provided in this Agreement. If said title is not marketable and is not made so within six (6) months from the date of written objections thereto as above provided, Buyer may either (i) terminate this Purchase Agreement by giving written notice by registered mail to Seller, in which event this Purchase Agreement shall become null and void and neither party shall be liable for damages hereunder to the other party and the earnest money shall be returned to Buyer following 2 300677v4 R.JL CUOS-3D expiration of 120 days after the last work was performed on the Property; or (ii) elect to accept title in its unmarketable condition by giving written notice by registered mail to Seller, in which event the warranty deed to be delivered at Closing Date shall except such objections; or (iii) agree to close the purchase pursuant to this Agreement, provided that a mutually agreed upon amount of the purchase price is held by an agreed escrow agent, the Buyer proceeds with quiet title, registration or condemnation proceedings as necessary to eliminate the title defect, the costs of such proceedings are paid from the escrow account and the remainder of the escrow account is paid to Seller. 9. Survey. Buyer may at its option procure, at its sole expense, an AL T A survey of the Property prepared by a registered land surveyor (the "Survey"). 10. Default. If Seller, through no fault of Buyer, defaults in its obligations hereunder in any manner, Buyer may, by notice upon Seller, (i) terminate this Purchase Agreement, in which event all earnest money paid hereunder shall immediately be delivered to Buyer, or (ii) avail itself of an action for specific performance. If Buyer shall default in the performance of any of its obligations hereunder, then Seller shall be entitled to terminate this Agreement upon 30 days written notice to Buyer, pursuant to Minn. Stat. 9559.21 and, upon such termination, Seller shall retain all earnest money theretofore paid hereunder, as and for its liquidated damages and sole remedy for said breach, and not as a penalty or forfeiture, actual damages being difficult or impossible to measure, and no party hereto shall have any further claim against the other hereunder. In such event, Buyer shall provide Seller with a quit claim deed. Nothing herein shall relieve Buyer of any obligation to indemnify or hold Seller hannless as stated herein, including obligations of Buyer arising out of unsatisfied mechanic's liens which Seller would have to pay because of work performed on the Property at the request of Buyer. 11 Renresent3tions and Warranties bv Seller. Seller renresents and warrants to Buyer that: -" -I" -" -"-" (a) There is no action, litigation, investigation, condemnation or proceeding of any kind pending against Seller or the Property which could adversely affect the Property, any portion thereof or title thereto. Seller shall give Buyer prompt written notice if any such action, litigation, condemnation or proceeding is threatened or commenced prior to the Closing Date. (b) To the best of Seller's knowledge, the Property has not been used for the generation, transportation, storage, treatment, or disposal of any hazardous waste, hazardous substance, pollutant, or contaminant, including petroleum, as defined under federal, state or local law, except farm fertilizer used in the ordinary course of farming. (c) If there is a well located on the Property, Seller will provide a well disclosure statement to Buyer at Closing. There are no underground storage tanks located on the Property. To the best of Seller's knowledge, there is no septic system located on the Property. (d) To the best of Seller's knowledge, there has been no dumping or placement or burying of trash or construction debris in or on the Property. Notwithstanding any provision of law to the contrary, Seller hereby agrees that each of the foregoing representations and warranties shall survive Closing hereunder and that the breach of any thereof shall constitute a default, whether said breach occurs prior to or after Closing, entitling Buyer to exercise any 300677v4 RJL CUOS-30 3 remedy provided to Buyer in this Agreement in the event of a default by Seller or any other remedy allowed by law. 12. Closing Date. The Closing of this transaction shall take place no later than January 15,2007. At Closing, Seller and Buyer shall deliver to one another the instruments specified herein. Subject to the provisions of Paragraph 6 hereof, possession of the Property shall be delivered to Buyer on the Closing Date. All expenses for the operation of the Property shall be prorated between Buyer and Seller as of the Closing Date. Buyer shall pay for the preparation of the Commitment and any state deed tax payable in connection with the recording of the deed. Buyer shall pay the premium for a title insurance policy if Buyer elects to obtain such policy, and for the cost to record the deed. Each party will pay its own attorneys' fees and Seller shall pay any closing fee charged by a title insurance company to close this transaction. 13. Notices. All notices provided herein shall be given in person or be sent by United States mail, either certified or registered, postage prepaid, to Seller at Gene Lewis, Attorney in Fact, 105 East Minnesota Street, LeCenter, Minnesota 56057 and to Buyer, Attn. City Manager, at 590 40th Avenue NE, Columbia Heights, Minnesota 55421-3878 with copy to Robert 1. Lindall, Kennedy & Graven Chartered, 470 U.S. Bank Plaza, 200 South Sixth Street, Minneapolis, MN 55402. If notice is given by registered or certified mail, deposit in the United States mail of said notice on or before the date such notice is to be given shall be deemed timely and acceptable. 14. Broker. Seller represents to Buyer that it has not engaged a real estate broker. Buyer shall not be responsible for the brokerage fee or commission due any real estate broker retained by Seller. Seller shall defend, indemnify and hold harmless the Buyer from any claims of any such broker. Buyer shall compensate any real estate broker retained by it in accordance with the terms of its separate agreement with that broker. 15. Relocation Benefits. Seller and Buyer agree that Buyer has arranged for a relocation benefits consultant ("Relocation Consultant") to advise Seller and any tenants concerning the benefits ("Relocation Benefits") to which each thereof is entitled due to displacement from the Property, pursuant to Minn, Stat S 117.52 and applicable federal regulations promulgated pursuant to the Uniform Real Estate Acquisition and Relocation Benefit Assistance Act, as amended. Seller agrees that the Purchase Price includes any and all amounts to which Seller is entitled for relocation benefits and that $20,000 of that amount is allocable and payable as relocation benefits. Seller agrees that by acceptance of the consideration provided for herein Seller releases the City and its officers, employees, agents, successors and assigns, of and from any and all liability and claims, at low or in equity, and under any state or federal law for relocation benefits or real and personal property acquired under this agreement, including damages, interest and costs, arising out of or in connection with the acquisition of the Property. Buyer and Seller shall, contemporaneously with execution of this Agreement, enter into the Addendum to Purchase Agreement attached hereto. 16. Miscellaneous. The terms, covenants, indemnities and conditions of this Purchase Agreement shall be binding upon and inure to the benefits of the successors and assigns of the respective parties hereto, and shall survive the Closing Date. Time is of the essence of this Agreement. 300677v4 RJL CL205-30 4 written. the parties have hereunto set their hands the day and year first above /", f " / Its Mayor By 300677v4 RJL CL205-30 5 Exhibit A ADDENDUM TO PURCHASE AGREEMENT This addendum hereby amends the purchase agreement by and between Ruth A. Caliquire and Shirley M. Poore, (Sellers) and the City of Columbia Heights (City) (Buyer) as follows: A. ALL CLOSING COSTS SHALL BE PAID BY BUYER, SELLERS NET AT CLOSING WILL BE $275,000.00 (less any real estate taxes, special assessments or other amounts due to provide marketable title to Buyer as provided in this Agreement). B. SELLER TO REMOVE ITEMS THAT RELATES TO THEIR BUSINESS. IE: SINKS, BARBER CHAIRS, FREE STANDING CABINETS, ETC. C. CLOSING AND TITLE TO BE HANDLED BY PRIORITY TITLE AND CLOSING SERVICE IN BLOOMINGTON, MN D. CLOSING DATE TO BE JANUARY 15TH, 2007 E. SELLER IS REMOVING PROPERTY FROM MLS LISTING, THEREFORE, EARNEST MONEY IS NON- REFUNDABLE IF BUYER FAILS TO CLOSE BY JANUARY lC "tf\f\"7 1.J, L.VV/. 300677v4 RJL CUOS-30 By /Z~ U/~~~ Walt Fehst - City Manager 6 01-09-07 17: 12 From-Kennedy & Graven A ~ettlemen[ l:naU~lln::lll- +6123379310 T-m P002/0l0 F-547 u.s. Department of Housing if and Urban Development OMIl No. 250Z..()265 B. Tvnll ofLom In FHA 2.i.J FmBA 3. rJ Conv. Ul'lins 6. File NUl'l1b~ 7. Lom Number 8. Mortgage Jns1.lml1ce Case Number 4.;:] VA S.U COnY,llls. LC1.3728T C. NOTE: This form is funrished to give you a statement ofllt:tual scttlem:::nt costs. Atnomrtl? paid to Ill:1d by the sel:lll;ltlt;l'lt ap,are shown. hems mlltked "(p,O.c.)" wtrCl paid outside the closing; they ate shown here for itlfOrmatL01laI pu:IllQses and BTe no~ Ine11J(led m the totals. D. NAME OF BORllOWE'R: City of Columbia Heights . 590 40th Avenue NE Columbia Heights, MN 55421 ADDRESS OF BORROWER: __ _._'__ - ,.-...-.----..-.-.'--. TNAME OF SELLE~" ---Shirley M. Poore and Ruth A. Caliguire ADDRESS OF SELLER: --;--::.-.-;:--'---:""' ~AME 01< LENJjEIlI-----ciSii'TiiiiSactian . , , . . . , ADDRESSOFLJl;~._ - --- --_. -.... -- -- _._.'-"-~ .---.-. 'G:"PROPER;;Y- . 4946 Central Ave. NE LOCATJON: Columbia Heights, MN 55421 . --...----------.- B.SEl'TLEMENTAGEN'I':LE SUEuRCOtlNTY ABS,TRAC'J'COM:!iA:NY;INt. . . ",' . . 105E.M1NNESOTASTRBET,~LBC~.R,,'MN 56()57 ".. f-:-~9~~~: 105.E.,~S..Q.'U.:s..~I.~-!...NThl 560$_1--..__...;-':':'" .:_-- 1. SE'I'TLEMENT'DATE: n ..: ~M~ J. SUMMARY OF BOR'ROWF,R'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTlON 1 OO,OROS" AMOT!M"I' DUl! 1l'1>f'lMBO"..nWER 400 ""........ .u....rn..,...DT'~Tn smrRll. .11ll...Cml'ttatUa1es p.~.- 211l2!l!LO.o. !Ql,Q~Jts.m:iJ;!L ..21S.Q!LQ.QQ .w..P.~.tlJ!l\!tL- "- !O......~~__, ,-- lQl.S!!tLem~TT]J~eJjQQL .l..IDlllt ~Q~ ." .lM..-- --, 404 .' liL$, 405.. --MJ!~~.~m..advance ~tJmls:Jlllill9Y~ad.1!Il.llJ<! --'- l.M,C.\tdlmm,~~.~ Jo_ 4n';-''inrll~t~ .. to l.ll1..Cm!.u~s_ _ to 4Q.1..Ccl:mm!..t~l!:~ to W..Ass.cssments_._ fo 4nll.A~E:s!ltD.l:!lt!L - to ,,- 10~_._---1n.-, 400 .n . .1.1JL.._ _ to 4J~ in 1J.l~ "" 411- ta_.. ,- - 111, .... 412 +to. 120.GROSS AMOtlN'r DUE l-'R.OM BOAAOWE& ~ 276,91350 420.GROSS AMOUNT tlUlO TO s!J..I'.'ER. ~ 275,000.00 200.AMOUN'rS I>AIDBY OR IN BEHALF OF BORROWER 500.REDll'C110NS .IN AMOUNT DUE: TO SBU:eR 12o.1J'2mDsit.~~ ~n' 'C'v~~sg .sit (s,~ instructions) i -J .2..Q2.hi:!Wp.al.in:l!mm of.~~) -<;02,S~~e.; to stlll~e 14(0) ,- 203.Existinf: loan(slt~b.iq:.1.iL- 503.E~stine: loap.(s.lJ!ls:m..iubj~~ 1e lQ.!, 'iM,Pavoff ot:ii1:s1.m.-ortgai!!.l!!m.- ~est..mll1le~llf:Id.b.l!:l&S_ueu-r: COlDltrA'Ml1'llJ " tc.o ~.l1ll.Q.QP. ~C!nd mo~ageJo9JI ..- ~6hlT1cipal.l!lllDuT1t of llellAt.iinmL~!1' ~06 Princip~LampuT1t of!lJ:lUer manDA'll" ~.!l1.-.. . <;07 ,- 2,08 . !';O.&' .. ~\\la1:l~~ 63150 ~no.~al~$e:ssmcnts 631.5.Q lQh.. -5~ - . .- 209'0 . S09b .--~.' Adjnstmel1.ts for items un'Paid bv seller Adjustments for itlll11S unpaid by seller ,-.- ~ty/tawn taltcs to 510.,(~i~IlX~. to ~l~~~ to ~ll ,County ~L------1LJ.i2.!l.Q6.J:!U.2L3.W.Onl: *~,~G. ; W...A...msSJ'!lentli to . S12.Asscs~ to ill, '-' tQ. 513.. to .. .- 214 .. to ~14. to ~,.. to 515. to ,- 2l.~, t." 516, in 2L~_ tP. 5)1, m 21R to 51 B. m 219. to 519, to 220.10TAJ..A.MOmm PAID ~ 5,637.50 520. TOTAl. REDUCTIONS IN ~ 637.50 BY OR IN BF.FlAt.f' OF lKlRROWfR AMOUNt DUll SI!W!lt ;'lOO.CASH AT SETTI.EMENT !'ROMITO BORROWER GOO. CASH AT SJl,1TLEMBN'T.' TOIFROM Sm:r.~ 301.Gross amount due from borrower ffine 120) 27{;9l3.50 GOI.Gross aroDllDt due to sener ith.c 420) 275 000.00 302. Less amOllnTl: "'aid. bv/f,... ""TTOWeT 11;.... 'l0i 51>3'7.50 I ';02 Less ...;luctions in amount..me ~~11_ (lme 520\ 537.50 303.CASB IX: From 1.::1 'l'o BO'RROWJl:R .. Z71,z76.00 liD3.CASH tiClTo Co From SELLER ... 274,36:25D 01-09-0T 17: 13 From-Kennedy & Graven +6123379310 T-763 P 003/010 F-54T u.s. DEPARTMENT OF HOUSING Arm tTB.BAN DEVEf.OPMENT smLEMf.NT StATEMENT PAGE 2 settlement Cba....1llI 2Q9...-IQ:IL\L SALESLIlR.O~..c.QM...~ ~ic~ _-lli...~C!I.o!missi.lmJlirol.1Q!U.~~; 701 ___to 102. --1!L_ 70~ COJ:llIll.!.~4..at..SS1~_. 104. 800. Items Pll"""le I. COlll1ection With Loan !lll..J4l!!!LOrigitlation ree % In .8A2......I&Iau..IJiL~_-~L-.lP ~$,aLE=- ." ~~B.1<Jl1l1.1 _-1L- J.~d;;r.lj'Jl~----iQ...._. ..8.DLMJ:llm~.bL--t"'-- ..iP1.---_.____--1L.. .l~ m ..8l1.!L._. t~ ,jtO~ to JliJ~_ to ..m~_. to ..aJ.3.-__ to ~.~-'--. I:tl R15. In 900. Items Rl!/IlIired Bv Lender To Be Paid In AdVllK1e 9J1L.J.n..~---1L1.2L.2JlO.lL...2.LJ.l,2007 (iil .---LdalL-----1'!l.t.22___- --- --- ::.w~onea~e rn~unnce.~ fpr motl!!lJ;JlL.- ~..-~bJ5unm~.--1L- -- ~. ~.!L-- -- 90S. """". to J 000. Reservll!l nonosit@(I With Lender .l.QlJ.1...~.5ur;ance . m~b~ ~J.~cj~l:- .mQl)tb~@ ilIo~-----XlIlllIths~ 1..llD.4.J:JlllJ1~..m:!lP~ .--Xl\l!TJths@ .l..QO.5 !ntIl1olll......~llltlUlL_. -;;;-";n~.?al ~._ _ ----Illl!D.tbs@ permOl.l. l!l!tl.____ mllllfhs@..._~ ~____ months@ per month 1 09. 1100. Title L:h.....~ llnl.~--+tI~~ tn Le..~Q.\lJl~J.lC<...-. ~b$.l!:al<1.ll!..~l;1._----Ill....1.t~~~". .l.lQil.~l!.r~".c.~l!'IIt to ~Sll~&1I -l~"- 11//4.... ." .l1Q.\~~CllL- to tunG NutdJY~L-. ~ lJ~~i1~~.--~ ~.,~~itcO:1l."um'b."iI1O---. .1.I.l2ll...Ii1~l:- ....J!L!.!!_a~lIc; _~_a~~..Illl:l:!ll!!!.s=_ ll.Q!il. Lender's Coverage; 1l1~.s..l:&img~- lllQa .ll1.1.",M,~s~~ to L.~nlL--. i112..TJPSF~~_______!!l~C0UJ1tv~!>.T"... 1113. to 1200. GoW\'1lment Recortlbiir gd TraDsfer CItar""s .l2"Q.l..Ae_e~~~~sL;..S::M.~-~. Jia4..Cil.lW:O.lmP~si Deed ; r,-Mortgagc{s) ; S.M~t{s) ll.Q3...sma.t,WstAm~ n~rI s.l1ltZ.~~(s) 1l.P4. Consg'Vlltion F!ltL-- Countv Treasurer 1205. 1300. AdditiollJll Settlement Char..... ~ -. ~ _. ~ -- ~~. ~g.7___. 1308. 1309. 1400. Total Settlement Cbarges -- Paid From Paid )"Tom 'Borrower's Sener's Funds At Funds At SQtl19.ll1!iD!._ _~~ .- 27~JlllQlln Ilil 'f..-- \0 . ___i--__ .- .- 1!l!J:..tlltlIl11l.._ ______ p.......n... ~"'" dn-nlb . '-- ~Iln no ~OO '':\~o.O_ _. -- >ll mS_~MT' ThlS ~ M1': iiiiiiI 'Tn.nn 25.00 411 nn '~6~- ~-_. ----.llL___. tn .- .- to to _-i.D...- to to to (enter on Imes 103, Section 1 and 502, ScetionK) ~ 1,913.90 01-09-07 17:13 From-Kennedy & Graven 81/09/2007 ~~:~~ ~~I~O(oC~( +6123379310 7-763 P004/010 F-547 HUD-l Settlement Statement Signature Page Certification I have carefully reviewed the HOD-I Settlement Statement ao.d to the .best of my knowledge and belief, it is a true and accurate statement of all rece~pts an.d disbursem.ents made on my account or by me :in this transaction. I further Certify that I have received a copy of the HUD-l Settlement Statement. >r~~ City of Columbia eights r Shirley M. Poore Ruth A. Caliguire The HUD-l Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. LB SUEUR caUNTI:' AIilSTRACT COMPANY, INC. Settlernmt Agent 01/1 0/07 bate WARNING: It is a crime to knowingly make false statement<; to the United States on this or any other similar form.. Penalties upon conviction can include a fine and. imprison=ent. For detatls see: T~t1e 1~ u.~. C!ode ~ed:ion 1001 and ~ection 1010. fi!~ ::..._ Loan 1#: Mortgage (ns. Cue it: 01-09-07 17: 13 From-Kennedy & Graven +6123379310 T -763 P 005/010 F-547 ACKNOWLEDGEMENT AND INDEMNIFICATION To: Le Sueur County Abstract Co. Inc. dba Priority Title 1& Closing Services dba Blue Earth County Title & Closing Re: File /I LC t 3728 BuyerlBorTower(s): CITY OF COLUMBIA HEIGHTS Seller(s): SHIRLEY M. POORE AND RUTH A. CALlGUIRE Subject Property: 4946 CENTRAL AVENUE NE COLUMBIA HEIGHTS, MN 5542 t COMPLIANCE AGREEMENT: The undenigned S~ner($) .and Buyer/Borrower(s) hereby aB!'@e to cooperate with any representative of the Lender or Le Sueur County Abstract Co. Inc., dba Priority Title &: Oosing Service, db; Blue Earth CounLY Title Ill: Closing regarding any reasonable requests made subsequent to dosing to correct erro~ made concerning this transaction or provide any and all additional dOOJmentrtion deemed necessary by tile lender or La Sueur County Abstract Co. Inc., dba Priority Title &: Closing ServIce, dba Blue Earth CountY Title Ill: Oaslng to affect this tr.lI'ISactlon or make the loan marketable or insurable. The unde~ill'l1ed further agree that lito c:ooperatE" as used in this ~rmt includes, but Is not 6mlted to, the agreement by the undersigned to execute or re-execute any documelltS whieh the lender or Le Sueur County Abstract Co. Inc., dba Priority Title Sl: Oosing Service, dba Slue Earth County Title Sl: Oosing in the ordinary murie of business, may deem necessary or desirable to complete this tr.ansaction, market tfle loan, and insure the title to the real property. MORTGAGE LIABILTY AGREEMENT: The underiigned Seller(s) acknowleclges and agrees to pay all mortgages, home equity Dr line of credit loans and liens on the above referenced propertY. Seller(s) further certify that they have not borrowed funds or placed an undisclosed fien against the property. In the event tIlere is a discrepancy in the payoff amOunt received from their mortgage company, Seller(s) agree to cooperate with their lender to determine the correct amount nec:essary to polY die loan In run and agree to pay any additional flies necessary to satisfY their mortgagelDen to dear title to the proJ;leltY. AGREEMENTS FOR FINAL WATER BILL: The undmigned Seller{s) hereby state(s) that I/we will make arrangements with the City Water Department to have the final water read'mg made on the Water meter and W1'fl have the City send the final bill to mefus at my/our forwarding address, and wiD pay the final water bill immediateiy upon receipt so that the water biD does not become a lien on the Sublect Property. If there is .a discrepancy or dispute in the amount of the blUing, It Is SeDer's re5JlonsibiDty to deal directly with the CIty to reach a settlement amount and to pay the final water biD. WEl.L DISaOSURE CONFIRMATION: In compliance with MinnesOta Statues, the uncle~igned Seller(s) do(es) certify that there _ are I ..L are not wells on the above re~renced property. LEGAL ADVICE NOTICE: The undmigned Seller(s) and Buyer/Bormwer(s) further waive the disclosure requirement of liVe day notice of the same pursuant to MInnesota StaWte 507-45, 6, Sub. Ja, of the fonowlng.2 dlsclosul'E5: 1) Le Sueur County Abstract Co. [nc., db.a Priority Title &: Oosing Service, dba Blue Earth County TItle & Oosin!! actln(!' In the above transaaion, has not and under al3PUcable state law, may not express opinions regarding the legal effect of the doslnr document'! or of the closing itself. .2) You are informed a dosing fee wUl be ~harged in the amount of $ 500.00 PENDING ASSESSMENT NOTICE: The unde~ed certltl1lS that he/she/they haslhave or V' has/have not received a notice of any pemfmg special assessmel1t$ or a notice of hearing for a new publll; improvement project lTom any government iISSl!SSlng authoritY, the costs of which may be asse.ued 3&ainst the Subject Property, that haw not been dl.sdosed to I.e Sueur CounlY Abstract Co. Inc.., db.'! Priority TItle &: Closing Service, dba Blue Earth County Title 87: Closing. 01-09-07 From-Kennedy & Graven +6123379310 T-763 P006/010 F-547 17: 13 HOMESTEAD STATUS CERTIFICATION: The underslgned SeUer(s) certify(les) that he/she/they _has/have or X haslhave not filed for homestead on the Subject Property and that the homestead status of the prCPe'rty is fun homestead or X non-homestead classlftcation. In the event Seller(s) a:rtify(ies) that the homestead ruituiiS full homestead/ Seller(s) fulti'1er certlfy(ie5) that he/she/they haslhave not changed/removed the homestead status on the Subject Property for future taxes. In the event Seller(s} c.:ertify(ies) that the scaM is non.homestead classification Seller(s) agree(s) to pay the sum of $ .00 at closing toward the non.homestead portion of the real estate taXes. The undersigned Seller(s) and Buyer/Borrowm agree that this is a full <<lnd Iinal sllUlernent and that no acldltlonal adjustmenG will be made should the non-homestead portion of the taxes be more or less than this settlement amount. TAX PRORATION SETTLEMENT: In the event dle current years taxes are not yet available from the County Treasurers office, the undersigned Seller(s) and Buyer/Borrower{s) understand and agree to base the tax proration on the tax estimate receiVed fOrm the CountY. In the event an estimate of the current year's taX amount is not available from the County, Selleres) and BuyerIDorrower(s) agree to base the tax proration on last year's aCtual property taX amount. This is a fun and Rnal settlement of the taX proration. No fuwre adjustments will be made. HOMESTEAD ACKNOWLEDGEMENT: The und.ersigned Buyer/Borrower(s} understand and take respollSTbllity for homesteading the property immediately after clOSing and upon occupying the property. In the event BuyerlBorrower(s) fail(s) to do so, BuyerlBorrower(s) acknowledge(s) that the foRowing year's taxes will be based on non-homestead tax figures, and BuyerfBorrower(s) win be responsible for payment oftaw assessed. PROPERTY TAX PAYMENT INFORMATION: The undersIgned Buyer/Borrower(s) is/are responsible for all future taxes due on the above referenced property. In the event Buyer/Borrower(s) is/are not required to escrow for taXes, and have elected to pay taxes directly to the County Treasun:r, notice Is hereby given that the next tax payment is due on May 15, 2001 (Note: Buyer/Borrower(s) should call the Treasurer's Office and ask that a duplicate taX statement be mailed. It wJ1l be Buyer/Borrower(s) responsibility to obtain this statement and pay the taxes by the due date. The property identification number reqUired by the Count)' Treasurer is: 26.30.24. t 4.0012. OWNERSHIP OPTION FOR HUL TIPLE PURCHASERS: PURCHASERS choose to share the ownership orthls propertY as: _ JOINT TENANTS _TENANTS IN COMMON HOLD HARMLESS ACiREEMENT: Ine undemgned Seiier(sj and BllyeriBorrower(s) do hereby individualiy and jointly agree tu fully proted:, derend and hoid harmiess Le Sueur County Abstract Co. Inc., dba Priority Tide IS: Coslng Service, dba Blue Earth County irtJe I!l. Closinil from any and aD 105s, costs, damages, attorneys' fees and expenses of every IcInd and nattJre which it may suffer, expend or incur, under or by reason of this dosing.. Le Sueur County Abstract Co. Inc., dba Priority Title & QosinJ Service, dba Blul! Earth County iJtle I!l: Closing WILL NOT BE RESPONSIBLE FOR PAYMENT OR RECOVERY OF ANY FEES ASSOCIATED WITH TIm TRANSACTION. Dated this 10TH day of JANUARY, 2007 -~ TAX 10 II SeDer Social Security /I Seller Sodal Security # I 01-09-07 17:13 From-Kennedy & Graven +61233T9310 T-763 POOT/OIO F-54T LE SUEUR COUN1Y ABSTRACT CO., INC., dba BLUE EARTH COUNTY TITLE SERVICES, dba I'lUOBlTY TITLE AND CLOSING SERVICES PRIVACY POLICY NOTICE (As of May 1, 2006) We at Lc Sueur County Abstract Co. Inc. take your privacy very s~ously. We do not shan: your private information with anyone cxcl:pt as neccssaty to complete yout real property, title insurance and escrow transaction. Our Privacv Policies and Practices 1. Infonuation ~e cQJJect and source~ from Whi1!h we coned: it: We collect nonpublic personal infommtion about you from the following sources: · Information we reo:ive from you on applications or other mens. · Infonnation about your Inmsac:tiona with us, our affiliates or others. · Information from non-affiliated tbird parties reIsting to your transaction. "Nonpublie pmonal'inf'ommtion" is DOI1publie information abcntf you that we obtain in cotmection with providing a product or service to you. 2. What In(Orllla(iOD we disclose and t!:I whom we disclose it: We do not disclose any nonpublic personal information about you to either our affiliates or non-affiliateS without your ex.Pl;CSS consent, except as prmnitted or n:quired by law. We may disclose the nonpublic perllom.l information we collect, as described above to persons or companies that per.fmm. services on our behaJfregarding your lraDSac:tions. "Our a.ffiIia1e$" are compamcs with which we share common ownership and which offer real property, lith: insurance, or escrow services, 3. Our secllritv DrocedDnlGI We restrict access to your nonpublic pmona1 information and only allow disclosures to persons and companies as permitted by law to assist in providing products or services to you. We maintain physi~, electrOnic, Il1d procedural safeguards to protect Yottr Donpablic pc:rsonaI information. 4. Your rlsht to access YOill' personal iDfor:o'lation: You:have the rigbt to review your persom.l information that we have OD record about you. If you wish to review that information, please contact Le Sueu:r County Abstraa Co. In... ilDd give us a reascmable time to make tWrt infmmation available to you. If you believe any infonml.tion is iacomct, notify us, and uu agree, we will correct it Ifwe c:lisagp:e, we will advise you in writill8 why we disagree. 5. ClJstomer acknowlediement: Your n:ceipt of a copy of the ~ report, commitm.e:at, your policy of insurance, or escrow documents accottJpanied 'by this Notice will constitute your 21llatowledgement of receipt oftbis Privacy Policy Notice. ACKNOWLEDGEMENT OF RECEIPT OF PRIVACY POLICY NOTICE: The unde:sllMd,puties do hereby acknowledge receipt oftb= attacbed Privacy Policy Notice from Le Sueur CountY Abstract Co. !ne.and il:!!: underwriter. RECE1VED; I/~/ .j1(;1 ~~.. Yd&:4 ,~ SELLER 01-09-07 17: 13 From-Kennedy & Graven +6123379310 T-763 P.008/010 F-547 STATE OF :MINNESOTA } }SS COUNTY OF HENNEPIN } AFFIDAVIT REGARDING CORPORATION Walt Febst, being first duly sworn, on oath says that: 1. He is the City Manager, of the City of Columbia Heights, a Minnesota municipal corporation~ the corporation named as in the document dated ~ , and filed for record , ~ as Document No. , in the Office of the Registrar of Titles of Anoka County, Minnesota.. 2. Said colporati.on's principal place of business is at 590 40dJ Avenue NE, Columbia Heights, Minnesota and said corporation's previous principai piaces of business during the past ten years has been at that address. 3. There have been no: a) Bankruptcy or dissolution proceedings involving said corporation dming the time said cotpOration has had any interest in the premises described in Exhibit A attached hereto ("Premises"); b) Unsatisfied judgments of record against said corporation nor any actions pending in any courts, which affect the Premises; c) Tax liens against said corporation; except as herein stated: None. 4. Any bankruptcy or dissolution proceedings of record against corporations with the same or similar names, during the time period in which the above na..lled corporation had any interest in the Premises, are not against the above mUlled corporation- 5. Any judgments or tax. liens of record against parties with the same or similar names are not against the above named corporation. 6. There has been no labor or materials furnished to the Premises for which payment has not been 304208vl CaR. CL162.33 01-09-07 17: 14 From-Kennedy & Graven +6123379310 T-763 P,009/010 F-547 made. 7. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises except as stated herein: None. 8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document except as stated herein: None. 9. There are no encroachments or boundary line questions affecting the Premises of which Affiant( s) haslhave knowledge. Affiant(s) know(s) the matters herein stated are true and make(s) this Affidavit for the purpose of inducing the passing of title to the Premises. Subscribed and swom to before me this ~ day of 2007. ~fil?~ Walt Fehst ' NOTARIAL STAMP OR SEAL I . '. . ~ , ';~~"""C''''''1iV'''''l>'''.''('~~..v<if~'.~'ff'tJ.-;;..,;jf PATRICIA V. MUSCOVln NOTARY PUBUC MINNESOTA THIS INSTRUMENT WAS DRAFTED BY: KENNEDY & GRAVEN, CHARTERED 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 'r'~~~",,--. 304.20Svl CBR CL162-33 01-09-07 17: 14 From-Kennedy & Graven +6123379310 T-763 P.010/010 F-547 Exhibit A Lot 15, Revised Auditor's Subdivision 15, except that pa...-t1 for high\\'ayand ex<A..'1J1; the Norah 7 feet thereof, Anoka County, Minnesota. J0420Svl CBR CLl62.33 Patty Muscovitz - Re: never hurts to ask Page 1 From: To: Date: Subject: Bob Streetar Patty Muscovitz 1/9/074:17:56 PM Re: never hurts to ask Ask and yee shall receive....code it to 101.41940.5120 Robert Streetar Community Development Director City of Columbia Heights 590 40th Ave. N.E. Columbia Heights, MN 55421 763-706-3672 (office) 763-706-3671 (fax) 763-242-3444 (cell) Bob. Streetar@ci.columbia-heights.mn.us >>> Patty Muscovitz 1/9/07 >>> Gary has picked a bulletin board for his new office it's about $215. My question is - Is there a fund for this building furniture type equipment? thanks Patty 01-09-07 17: 12 From-Kennedy & Graven +6123379310 T-763 P,001!010 F-547 KENNEDY & GRAVEN, CHARTERED 470 U.S. Bank Plaza 200 South Shah Street MINNE:APOllS, MN 55402 (612) 337-9300 FAX # (612) 337-9310 NOTICE OF CONFIDENTIAL INFORMATION This fax contains confidential infottIlJl.lion which is legally privileged. The infonnanon is fo~ the sole use: of the intended :recipient(s) lisn:d below. Distribution or disclol>"UIe co any individuals not so Iistc:d is stcictly prohibited. Date: 1... Or -- 07 Our File No.: r -'" L ) Co )...-'33 Numbet ofpagcs including cover sheet: jb If a problem arises. call the Service Cente1: at (612) 337-9300 TO: &JA ~ TO: FAX#!-z rb 3 _ 10(0./ 3G> 71 FAX#: FROM: Cathy Rockl:itt Ditect Dial #: (612) 337-9250 e-mail: crocklitz@kenne!iy-graven.com CO:MMENTS: ~ wUJ NLJ. ~ ~ q, '!Ii d.-7/) ~I&'O~~~~ U ~/4-~~ fJ~~~~~~ _ I _ --.k----" /"-, n . I. ~ 1'1. ~ ~ L /I . I", (T '-- ~V~ C/\.J/....oC/'..... .. vh~~ .. ItOCKl.C.H6708 FIRM.l