Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
IP #748
Q USE AND ACCESS AGREEMENT FOR 5512 Winnetka Avenue North This Access Agreement (the "Agreement ") is dated effective the 29' day of March, 2004, and is entered into by and between Jose A. Mendez, a single person ( "Seller ") and the Economic Development Authority in and for the City of New Hope, a Minnesota municipal corporation ( "EDA ") contemporaneously with the closing of the sale of property located at 5512 Winnetka Avenue North, New Hope, Minnesota (the "Property ") from Seller to EDA on March 29, 2004 ( "Closing Date "). WHEREAS, Seller has not been able to vacate the Property or fully remove his personal effects from the Property and has requested permission from the EDA for an additional O days after the Closing Date to remain living at the Property and to remove his personal effects from the Property; and WHEREAS, as of the Closing Date, title to the Property transferred to the EDA, which includes the right of possession; and WHEREAS, EDA is willing to permit Seller access to reside at the Property following the Closing Date for a period of ( ) days and to allow Seller to remove his personal property from the Property according to the terms and conditions contained herein. O A NOW, THEREFORE, as an accommodation to Seller, the EDA is willing to grant a limited right of access to reside at the Property at 5512 Winnetka Avenue North as specified herein: 1. EDA agrees to allow Seller access tp reside at the Property following the Closing Date on March 29, 2004 for a period of ( 7 ) days, terminating at 11:59 p.m. on April !� /; ° 2004, and to permit Seller's removal of personal property from wz the Property. 2. Seller has retained a key to the Property and is authorized to utilize the key for a period terminating at 11:59 p.m. on April ' 1 x'2004. Seller shall not conduct any activity on the Property inconsistent with a residential use during the term of this Agreement. Further, Seller will not allow any other person to reside at the Property who was not already a resident of the Property as of the effective date of this agreement. 3. EDA will withhold from Seller One Thousand and 00 /100ths Dollars ($1,000.00) of the purchase price in consideration of granting permission to Seller to access the Property according to the terms contained herein (the "Withheld Funds "). 1— 4. Any personal property remaining on the Property after 11:59 p.m. on Apri° o At) , 2004 will be considered abandoned by Seller and become the property of EDA or the City of New Hope and any costs incurred by the EDA or the City of New Hope to remove and -VI k dispose of the personal property will be deducted from the Withheld Funds. 5. The Withheld Funds will be returned to Seller on or before Po', r , tat 2004, after any costs to remove and dispose of Seller's abandoned personal property is determined by the EDA or City and paid from the Withheld Funds. 6. This Agreement grants a limited contractual right of entry to Seller and is not to be deemed in any way to create a leasehold estate. Seller agrees he will vacate the property as of the time and date stated in Paragraph 1 of this agreement and Seller further acknowledges and agrees he has waived any vacate notice requirements imposed on the EDA by any law necessary to enforce removal of Seller by the vacate date stated in Paragraph 1 of this agreement. Seller further acknowledges and agrees he will forfeit his $1,000.00 escrow payment and will, in addition to the escrow payment forfeiture, pay any costs, including reasonable attorney fees, incurred by the EDA to enforce the removal of the Seller from the Property after the vacate date. 7. Seller shall enter upon and use the Property with reasonable care and without damage to the Property. Seller will not use the Property in any manner inconsistent with the residential nature of the Property or in violation of any City or State building, fire or zoning code. 8. EDA waives all claims for trespass arising from Seller's entry and use on the Property for the purposes stated herein. 9. Any use of the Property by Seller for any reason other than for the purposes stated in this Agreement shall be deemed a violation of this agreement. Seller acknowledges and agrees he will forfeit his entire $1,000.00 escrow payment if he violates this agreement by committing any of the following acts during the term of this agreement in addition to any other acts causing him to forfeit this payment as stated in this agreement: a) Permits another person to reside at the Property who is not a resident as of the effective date of this agreement, b) Uses the property inconsistent with its residential character, c) Uses the property in violation of any state or city building, fire or zoning code, d) Fails to vacate the property as of the time and date stated in Paragraph 1 of this agreement. 10. EDA or the City of New Hope will not be liable to Seller, or Seller's family, agents, invitees, contractors, employees or servants, for any damages or losses to person or property incurred during Seller's use or entrance onto the Property under this Agreement, unless caused by the willful misconduct of the EDA or the City of New Hope. 11. Seller agrees to waive and release the EDA and City of New Hope and its employees, officials, agents and representatives of and from any and all right of recovery, 2 claim, action or causes of action, for any loss or damage that may occur to Seller's personal property, by reason of any and all risk and /or perils, regardless of cause or origin. 12. Seller agrees to indemnify, defend, and hold the EDA and City of New Hope harmless from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees for bodily injury or death or for injury to or destruction of personal property arising out of and from any negligent act or omission of Seller, or anyone directly or indirectly employed by or gratuitously assisting Seller in connection with Seller's use or entry on the Property during the term of this Agreement. SELLER: — ) A t 3 Jose A. Mendez lew, -1101 12 QM ZO v i m p t DEN v I 8 619 1 W By: Its: 1�141 , STATE OF MINNESOTA }' COUNTY OF HENNEPIN SS. The foregoing instrument was acknowledged before me this 29`' day of March, 2004, by Jose A. Mendez, a single person. / (Notary Public Seal) �° ! WM , Notar Public ORTH Y NNES OTA Jan. 31,2005 3 STATE OF MINNESOTA } COUNTY OF HENNEPIN SS. The foregoing instrument was acknowledged before me this 29` day of March, 2004, by r -s , the in and for the City of New municipal corporation. C .Z . J *f the Economic Development Authority Hope, a Minnesota municipal corporation, on behalf of said (Notary Public Seal) Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \Attorney \1LB \1 - C1ient Folders \CNH \99 - 11290 \010 -Use & Access Agr.doc Notary Public PAULA A. WHITWORTH NOTARY PUBLIC-M NNNESOTA M YG�nm , ssionEzpires „!an.31,2405 11 RESIDENTIAL MOVING COSTS CLAIM Name (Payee) Jose Mendez Dist. N/A Artemis S.P. N/A C.S. N/A Fed. No. N/A County Hennepin Prop. Owner Jose Mendez Prop. Address 5512 Winnetka Ave City /State /Zip New Ho e / MN / 55428 Type of Acquisition: X I Dir Purchase Parcel N/A [is FOR OFFICIAL USE ONLY Tenant M Owner El Receipted Bills Room Basis Type of Unit If Room Basis ❑ Apartment Total Rooms Eleven 0 House Basement Count ❑Other Garage Count One Miscellaneous Count Grand Total Eleven a Furnished El Unfurnished Advance Claim Partial Claim Approved Amount $1,700.00 Approved By Approved By Scott Means Relocation Consultant Date Application Approved Mail Check to: Name Jose Mendez Address 13586 68 Place North City /State /Zip Maple Grove / MN / 55311 Final Claim FOR OFFICIAL USE ONLY VENDOR NUMBER: Address 13586 68 Place North City /State /Zip Maple Grove / MN / 553 Name of Mover Self Move Date of Move 04 -30 -2004 / 05 -10 -2004 Address N/A City New Hope Residency Certification: I attest, under penalty of perjury, that myself and my family, are lawful citizens of the United States, or aliens lawfully admitted for residence in the United States. I, the undersigned, do hereby certify that the above information is correct, and that any movers' receipts or statements attached hereto accurately represent the expenses incurred. I further certify that I have not submitted any other moving claim for reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsification of any portion of this claim will result in its denial. MAIL CLAIM TO: Date: Name (print): 'e °-' Signature: Telephone: 4r -� f Please consult your Relocation Counselor for help in preparing and submitting this claim. Instructions for submitting your claim for residential moving expenses. The City will allow residential moving expenses to a displaced individual or family based on a fixed room schedule or reimbursement for actual costs incurred. As a displacee you will be asked to select the method most suitable to your needs. Fixed Payments Payment is computed on the number of rooms contained in your residence exclusive of typical closets, porches, pantries, bathrooms, hallways, entrances or any unfurnished rooms. A basement may be considered as one room unless it has been separated into livable rooms such as: bedrooms or recreation rooms. Outbuildings actually in use for storage purposes may be counted as one room. Actual Costs Under this method the City may allow reimbursement for reasonable and necessary (as determined by the agency) expenses incurred in moving your personal property for a distance not to exceed 50 miles This is not an adjustment for inconveniences which have occurred or for time lost at your regular occupation. Said moving expenses will be paid upon compliance with the following instructions. 1. When you are moved by a professional moving company, pay the charges and obtain a receipted bill. This statement must contain the rate per hour charged, number of hours worked and number of men and van(s) employed. The receipt must be marked "Paid in Full" and signed by a representative of the company. Consult your relocation advisor for help and assistance prior to moving to ensure reimbursement is allowed. If your personal property is moved by someone other than a professional moving company, you must submit an itemized statement showing the number of people hired, the rates per hour paid, date, and the total number of hours worked for each individual and the equipment used. An affidavit will then be prepared for your signature. Again, please consult your relocation advisor prior to moving by this method. You must complete the bottom portion of the Claim Form in ink, making sure that your signature and current telephone number are included. Attach to the original copy of claim form all required information pertaining to your move and mail to the address shown on the lower left corner. 4. In the event you are financially unable to pay the moving company, special arrangements may be made with the relocation office to allow direct payment or an advance payment claim. This must be done well in advance of the moving date. The City cannot reimburse you for any alteration which may constitute a home improvement. Overtime charges by moving companies will not be considered except in emergency situations as determined beforehand by the City of New Hope. I certify that all items of personalty (to the best of my knowledge) have been removed from the subject property, including all hazardous and environmentally sensitive materials such as batteries, tires, paints, solvents, insecticides, fertilizers, fluorescent lights, etc. Person submitting claim: _ Date: Relocation Consultant: Scott Means Date: 05 -10 -2004 REPLACEMENT HOUSING INCIDENTAL EXPENSE CLAIM (Closing Costs) Name (Payee) Jose Mendez Dist. N/A Artemis S.P. N/A C.S. N/A Fed. No. N/A Prop. Owner Jose Mendez County Prop. Address 5512 Winnetka Ave City /State /Zip New Hope / MN / 55428 Parcel N/A .�rl•�m of Acquisition: I X I Direct Purchase I J ED U Advance Claim U Partial Claim U Final Claim FOR OFFICIAL USE ONLY Approved Amount $ Approved By Approved By Scott Means Relocation Consultant Date Application Approved Mail Check to: Name Jose Mendez Address 1358668 th Place North City /State /Zip Maple Grove / MN / 55311 FOR OFFICIAL USE ONLY VENDOR NUMBER: A. Legal, closing and related costs including title search, required notary fees, surveys, preparing drawings or plat drawings and charges paid incident to recording B. Lenders, FHA, or VA appraisal fee C. Application fees /commitment fee D. Mortgage recording fees (based on old mortgage) E. Credit Report F. Lender's and Owner's title policy (limited to comparable dwelling price) G. Loan origination fee or assumption fee (based on old mortgage) H. Required certification of structural soundness $ 613.00 $ 275.00 $ 395.00 $ 40.00 $ 32.00 $ 203.35 $ 1,530.00 $ 16.00 Other $ 250.00 TOTAL PAYMENT $ 3,354.35 Residency Certification: I attest, under penalty of perjury, that myself and my family are lawful citizens of the United States, or aliens lawfully admitted for residence in the United States. I, the undersigned, do hereby certify that the above information is true and correct, and that any receipts or statements attached hereto accurately represent the expenses incurred, i further certify that I have not submitted any other claim for reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsification of any portion of this claim will result in its denial. "May 7- 2004 8;52WN ITr Evergreen Land Sery 952-935-0862isias T- No /DIP' 2 1 -e27 A, USAEPARTPIEN'TOPHO ItDEVElor� =EtT w A $ " OLD REPUBLIC 9ETrLEKENT S TATE n iEN7 �► �' Nallonal Title Insurance company * Y 4w 3f29/2006 2.S2:56PH 8.71PE OF LOS \: I b• FILE NVAIRER: 17. LOAM YL% /ell 111 MORTGAGE ).VStRa10E CASE -Ol L NA 11 FDIIIA 3. CID Uh►NS. i. Pw i CD�'.INS, CASH OR1017329 i C, t`DT,E; 7'4x4 G,.n, U fwni41K1 to One you 4 muupp af.rad ecnlemw ee Aowunu i,d m aaJ 6 rla.;n�M�eR 1aeM Dercform(ottea.4aga1 PWMn as 4R 9011441aded,4 theptatair. Y14e4rnlrmcDr iFenrare,rap..n. Urns. anr�eJ ` {tCtt'1'yeaiatJ oD1s,Je ue D• X&ME AND ADDRESS BORROWER; ' E N.'tmB A A.NV ADDRESS of SELLew r. NAM AND AVII C OF LENDEk: The Economic Develepmont AUt4. ' I Jose A. Mendez CASH MA and far Gr O f New Napo n p1.c� 5532 Ninr*eeks A ^ venue »arrb If -SETIL DIENTACENTr PAULA A. St/422TarORTF! LSETTLE1IIIpATI; NO- Hope,kIll 55428 1 REPUSLZC Z =TLE 3/29/2006 8en»5epin COU12ry, NN PLACE OFSETTi,tm x pIN=05 J1E 2i 33 0006 400 second Avenue Soush I kay out Date: liirtneepol4,a, !2i 55dOx -2499 , 3/29/2004 J. StJMDfAIlYOFDOpjI .pWER'5TRAN3wt'T1014 ( c1lpSS �llDlllvrDl7$ FROPI DORROWER: St mmARY ors LER'STRANSACTIOn 4 m• CROSS AhlOLtP7 DUE TO SELLER; let. LoeWnSalo4Pncp 167,000,04 101. G lCe 10; Verwo41pm1awY 401. PersawitanpertY 107. SeNlmrni CD4t4ei m 6orrangi ice. 104 Crll 107. Coanr T-, ��. IOtl, N+o4rtttnu 104 110 - 17o GROSSAMOUJtl DUE FROM anRROWER Cori MIOUNTSp�p $Y OI col. nrrwitttlaJr� =a= Prn4ttul amount of it- tam 341. P�MVaa twat.! takpt eufUecr � 305 zo7. 344. macrov D, M -... . - . 1. (ar :10. currF lace :q CeunlyTiees :13. A9eeii. t sell- 14"ol FEE 41 Amel for 0n4 p++d 41 se6er 15.00 4131 FXit Fez 40, CROSS AMCI oUE 140,267,4S TO SELLER OF SORJtOWStlt Sao. I IN MIOUNT 501. F..;M d4poln 10; 5etl).tnea, eauyramrrllaODle )r1� 567. Eg4ouA too4R1 akm ruDlear m ahru 31301 � 2004 BE 1,000 1 - -- - '^'a• kr ;'n_ Feb, Mtg Soy V4YORoflleC0 99e11111I Hank N VA4lh Eft O Dep. City of Nov iiopo (Qr'4014 t q'4id DY seller 1 - 62 $li, oaw,yT es a/ ehru J13e12004 51:, A411wne4y 02 su- Asaeea. CertiEieq sa 2004 RE ,000, 15.00 060.00 98,007.23 17.560.31 0.00 16. x o TO TAL P DY/fOR 514. DORROWER nh. TOTAL AEDuCiION a tM 440. CA.SHATSMI -Etvl 1,292.64 DVRACLLER ENTFBOpVTp110RROWF,R 6m, C49 HATSETTLEM�MfTp/DA0 SUMIeR � �amratd.r (,ym 4enare(Une 1211) .101 [.essutnwtupt,Wbrtforpolro„cr 1411,267,45 40 ).OtettBnednpeelfR(lot420) 4tauet ;u.plaMountJ"UJIN(IIao031u. GASH � Ike fRpM I'1 1d 698d8 10 TO rl FROM) ! Nate! RfQllynv nacd yll HLRf i setnnnmt 8auaoatt ana n 16r Dnr a f mY lmoW►4J: and oelrec ON ii u 4 wl e nd 4eeur►msau meaA 'till hnebn .s d 6 4b nwawu medr on my en a � om�. mID 1r1tlM4Uea. I forme srDiy Wei { Iva leciaeG a Nt1b N41�'q'�4t.ao. TrgWr JWmgQY41fl6LW1104sawumimlgfatrynea4l�q( anhAade{ alll11114¢ muya4PftlilalwwFDltanmr4Ll��celn4G�a4t10Y The Fco r \ a valopmett Alsth. ! I].- a zni vim. bWA Y r if} aoa A - 7aande srs ®C for Cs�y ex 1 , k A ww Ho pes wino,wtn.uao BOAfI0wER5 MUIERS 'I'Mav - /. 2UU4an 8:U3AMC (Evergreen Land Sery 952- 935 - 0862 T- N0- /OCP- 3 -927 The HUD.I (SI& mnen( which ! hojoo on a CMTI►ICATION Ihls mate L Pm d memeand acWhla sCCaunl a[Ibis nsk"52Gian.I lyre AAW d,pr Will Ga ae We funds m be dobwis�Q in aeCgnitgep Closing Data: 3/29/2004 �akmmt�YSM Qp A. TTWORTH Payout pat®: 3/29/2004 WAan/Na~ ![rsaelme 41"sn"h. leak 10)0. tbuor►n Y am erobnoi�6m,pvainauya ccmgs c4ffloeA�deallseWimDri�annrn� Cm nl.Ia --= oue Nwfasm�frnoe 3129/2004 2:32:86&" May- 7- 2004 8:53AM Evergreen Land Sery 952- 935 -0862 OMB Approval No 2802 -0265 No.4684 P- 4 4, SsHlament akT101uaut I and Urban Development B. ( )FHA 2. I FmHA 3, (X) Conv.Uri -, 6. File Number, 7. Loan Number. (8. Mo ipage insurance case rvumoar; t l ( ) VA 5, ) Corrvdns. I 4.27576 -BJJ 0008001064150 :. NOTE: THIS NOTE 19 FURNISHED TO OWE YOU A STATEMENT OF ACTUAL SE t MENT COSTS, AMOUNTS PAID TO AND BY THE SETTLEMENT AGENT ARE SHOWN. ITEMS MARKED '(P.O.C.)"WERE PAID OUTSIDE THE GLOSING; THEY ARE SHOWN HERE i`OR INFORMATIONAL PURPOSES AND NOT INCLUDED IN THE TOTALS, P. Nam* and JOSE A, MENC2 Nddress o Borrower E. Name and Address of Vier F, Nemm end Addr*ss of t -ender SARA J, KINDVALL BELL AMERICA MORTGAGE, LLC OVA aaLL MORTGAGE 10301 WAYZATA BLVD - I 5512 WINNET AVE 13888 88TH PLACE NORTH MINNETONKA, MN 55305 MINNEAPOU MN 55428 MAPLE GROVE, MN $"11 G. PROPER LOCATION H. Settlement Agent 13586 66TH PI AGE NORTH, BURNET TITLE MAPLE GROV , MN $6311 P- 1& of So'amvnt 1- Settlement Data I 4100 BERKSHIRE LANE, Dlsbursemenl Date PLYMOUTH, MN W46 413012004 4:00100 PM /4/30 /2004 J, SUMMARY, OF BORROWER'S TRANSACTIONS SUMMARY OF SELL ER'S TRANSACTIONS 100, Gross Alnwunt Due From Borrower 400. Gross Amount Due To Seller 101. Purchae i Pdeb 5202.500.00 401.Putcheae Pice S202,500.00 102. Personal Property 402. Personal Property 103, Settlement Charges to Borrower 54,902.69 403. 104, 404. 105. 405. 7d For Items Paid By Sailer In Advance Adjustments For Items Paid By Seller In Advance 1D8. Clly To n Taxes 406. City/Town Taxes 107, County Taxes 908.91/5 mom 4 /30 /D4 to TM104 $308.85 407. County Taxes 908.97/6 moil 4/30104 to 711t0 5309,6 106. Assemments 408, Aasesamenta 109, 1 140 9. 110. 410. 111. 411, 112. 412. 120. Gross Amount Due From Borrower $207,712.34 420. Gross Amount Duo To Sailor 5202,609.65 X00, Amoun Paid By or In Behalf Of Borrower 500, Roduetlans In Amount Due To Seller 201, Earnasil Money 5.200.00 501. Excess deposit 202. Princip I from Bell America Mongage. LLG d a Bell $153,000.00 501, Settlement Charges To Seller (line 1400) $17,675,47 Mortgage 503, Existing oen(s)leken Sub To 203, Existing loon(s) taken subject to $04, Not Payoff to astl ngton Mutual Home Loans 5183,519.00 204' 608 „Payoff of Second Mongage oan 203. 508. 206. 507. 207, 506, 208, 606. 209' Adjustmonts For Items Unpaid By Sailer Ad)ustmanis For Items Unpaid By Seller 51 , CIWri'own axes 210. Cityrro n Taxes 511. County Taxes 211, Cauniy Taxes 512. Assessments 212. Asses manta 5i3, 213. 514. 214' 515. 215. 516. -- 215. 517, 217, ( 518, 218, 519. 219, 620. Total Reduction Amount Due Salley $201,194,47 210, Total qld 8y /Far(3arrowor 5158,200,00 300. Cash t Satttoment FcornrTO Borrower 800. Cash At Settlement TO/Fram Seller 301. Gross Amount Due From Borrower (tine 120) $207,712.34 601. Gross Amount Due To Seller (line 420) $202,809.65 302. Less mounts Paid By /For Borrower (line 220) 5158,200.00 602, Lees Deductions In Amt. Due To Seller (line 520) $201,194.47 303, Cash X ) From [ ) To Borrower 5 803, Ceah [ X J To ( [ From Seller ,� 1 51,615.18 E `dC,.,, C� e- V' - f Peyoft(e): Evergreen Land Sery 952-935-0862 Paget N0,4684 P. 5 901, I r(0m 907,. Mortgag 413ulUe 10 WING UZe.uouwuay -- - Ineurancs Pramlym for 903. Heard I a Prom um (POC 468.00) 1000. Rosvry 1001. Hazard 1002. Monga r.s. l nepoellad WIth lon0er 1Ih4 Rqsarva 3 fro Q 39.00 / mo Belt America Mortgage, UC ODA Bell Mortgage 5117.00 Is insurance 1004 County Tax Rasetve 3 m9 ® 151,50 / mo Bali Amerlta Mortgage, LlG dba pelf Mdngage 54.50 1106 AAMssa 3 1009. Aggregpte Account A dfus t ment from Bell America Moftpags, LI C dba Bell Mortgage 0,06 1101p 1100. Title 1101, Ssttlardehl or closing as to eumat tie / dine Realty Title- Edina $275.00 p, $137,% 1102. Title Evidence to d na Realty Title • Edina 5367.20 5215.00 1103, sOe at(aminat(on to BumetTIOe $130,00. h 1106 AAMssa 3 en( and Search Review 10 8umgl TWO p 55.00 $90.00 1101p Fee 1206, Asslq mant Recording Fee 1108 rance to 8umat Title $790.00 a of Mortgage / CO 11 9 Coverage $153000.00 ($453.25) p 1900, Adel onal SeMlement Charges _ 1110. Owner a coverage $2QZ500,00 ($336.75) N) ,\ ; , . r ,. ti , • ( °? ' -'+ 5639,00 1112. Plat r I spec( on and Ravlgw to 6umet TIOe $80.00 9�a 08,97 1113, Name Search And Review to Burnet TO $90.00 n 1116, Rotor, ing Sarvite Charge to Bumet 10 543.00 $21.50 1116, Court e service d Processing to sumot Title 5,00 1200. Oaverinmvnt Recording And Transfer Charges 1201. Recording Fees: Deed 5.20.00; Mortgage $ 20.00 6.00 . AD 1202. Mortgage Reg Tax b 367,20 5367.20 1203. State Dead Tax 68 8,50 $688.50 1204. Coneervalion Fee $9.00 p 55.00 1205. 1206, Asslq mant Recording Fee S20.00 A 1207, Rola a of Mortgage / CO 520.00 1900, Adel onal SeMlement Charges _ 1303. om Warra to HMS 1 ,t 5639,00 130A, pay taxes to Hennepin County Treasurer 9�a 08,97 1409. Total eve care Settlement Charpee (Enter On Linea 103, aectlon J And 502, Section K) y reviews g lbb HUL) SettTernlint StStarrieN and to the b2sl o my knowledge and balial it is rrue and assure $4.902.89 e e e amen of all (eMp $17,675,47 a and 0 124ursomenri — made on m account or by me In this transaction, I further ean)fy that i have received a copy of the HUG Settlement Statement, 111MR9 SELLERS Jose A, Met dez Sara J, Kiindvall The HUp•1 , Settlement Statement which I have prepared Is a true and accurate account or this transaction, I have caused or will muse the funds to be disbursed in accordano6 this statement. SattlemanuAOent Date ' 4 130)'2004 4;90;00 PM BURNT TIT1,£ 7. May• 7- 2004 8:53AM May. 7. 2004 8.53AM Evergreen Land Sery 952- 935 -0862 No.4684 P. 6 Fo m No. 1 -M -WARRANTY DEED Indly duals) to Individuai(e) DE D TAX DUE: S688,50 Dat : Apr([ 30, 2004 FOR VALUABLE CONSIDERATION,5ara J, Kindvali, a single person, Grantor, hereby conveys and warrants to Jose A, Mendez, Grantee, real property in Hennepin County, Minnesota, described as follows: Lot 11, Block 1, LaFromboise Addition, Hennepin County, Minoesata, with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: ts, covenants and restrictions of record. eck box if applicable; The Seller certifies that the seller does not know of any wells an the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this Instrument and I certify that the status and number of wells on he described real property have not changed since the last previously filed well disclosure certificate, �., - M Mr Affix Deed Tax Stamp Here ST TE OF MINNESOTA COUNTY OF HENNEPIN SS. This instrument was acknowledged before me on April 30, 200A by Sara J. Kindvall, a single person Grantor. OR RANK}: Lj r � NATURE ©F t4OTAKY� OTHER OFFICIAL Check here I( part or all of the land is Registered (Torrens) 0 Tax statements (or the real properly described in this Instrument should be tern to itnclude name and address of Crantee); IS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS); A. Mendez Realty T A J ose France Ave. South 13586 68th place N , MN 55435 Maple Grove, Minnesota 55311 • ■ ■ Payee: 110223 MENDEZ, JOSE Supplier Invoice No Date Remark 5-10-04 CLOSING COS 5/7/2004 O- 4- Check No. - 122856 Check Date - 5/7/2004 PO 122856 Stub 1 of 1 Amount 3,354.35 3,354.35 PLEASE DETACH BEFORE DEPOSITING PA y THREE THOUSAND THREE HUNDRED FIFTY FOUR AND TO THE JOSE MENDEZ ORDER OF • Payee: 110223 MENDEZ, JOSE Supplier Invoice No Date ESCROW 4/27/2004 Check No. - 122785 Check Date - 5/10/2004 PO Stub 1 of 1 Amount 1,000.00 1,000.00 u G\� Y CITY HOPE 4401 Xylon Avenue No. �� H © �4 New Hope, Minnesota 55428 PLEASE DETACH BEFORE DEPOSITING 1 22785 910 NUMBER 00122785 WELLS FARGO BANK NEW HOPE, MINN. 55425 DATE 5/10/2004 AMOUNT $ * * ** *1,000.00 PAY ONE THOUSAND AND JOSE MENDEZ TO THE ORDER OF MAY, 25, 2004 8:41 PM ANGSTROM ANALYTICAL NU. 432 F. I o � \ n9strorn Analytical, Inc. 5001 Cedar take Road S. St. Louis Park, MN 55416 D p O Office: (952) 2520405 Fax: (952) 252 -0407 City of New Tope Attn: Ken Doresky F a 4401 Xylon Avenue North New Hope, MN 55428 -4898 May 25, 2004 Re:- Property located at 5512 Winnetka, New Hope, MN. Dear Ken: . Further to our visit to the above referenced property on May 19`' 2004 for the purposes of conducting a demolition asbestos inspection, we are prepared to state that there are class one non - friable asbestos containing building materials contained in or on the fabric of the structure. The non - friable asbestos containing materials are; I. Approximately 175 -200 square feet of asbestos containing floor the mastic in the Master bedroom, bathroom, and garage *. *Note, unable to quantify the floor file by the garage door. It may ,potentially ruri under the raised floor in the dininglback room. No samples other than from the fabric of the building that is planned for demolition were taken or analyzed and this report relates only to the residential structure located at 5512 Winnetka in New Dope, MN. 78 samples of suspect building materials were collected and analyzed in our laboratory by Polarized Light Microscopy, Please see attached notes. During the course of this survey approximately 1 thermostat (possible mercury containing switch), 2 smoke alarms, l ftunace, l water heater, 1 space heater, 1 TV, 1 range, and 5 fluorescent lights with associated ballasts were noted. From the asbestos stand point the structure is ready to be demolished. If the category 1 non - friable materials are allowed to be left in place for the demolition, the landfill must be made aware that the demolition debris will contain (minirnal amounts of) category 1 non - friable asbestos containing material, subject to the MPCA's rules and regulations pertinent to the demolition effort (notifications, etc). Note this survey is not a scope of work or a bidding document. If you have any questions, please call me at the number above. Thank you. Sincerely, Steve Waltin.ga Angstrom Analytical, Inc. Full Service Laboratory and on site Industrial Hygiene Services for the Hazardous Material Abatement Industry Prepared by; Angstrom Analytical, Inc. 5001 Cedar Lake Road - St. Louis Park, MN 55416 Office: (952) 252 -0405 - LAX: (952) 262 -0407 ngatrom Analytical & Environmental Services Building Narne: 5512 Winnetka Avenue North PSD = pawrWal res signifie ntdmtW EA = liking = no ulm-sloswasdebected in [he sample sabnvtted fm amlysis New Hope, Minnesota Survey Date: May 19 1° 2004 PD = pobentiai rm danugo TREM = 7iemolite NS = uwftdal not sampled N = lit(k oroo damage CHR = ChrysoGie NAC = U*ftdal not aocesslble PtrojectNo. City of New Hope D = madnatedamage AM = AmmWe < = kmtbm valve aperllied Attn: Ken Doresky SD - significant damage CROC = Qcddolibe = 7hesesamples were notamPped.Miew insults we inferred a consistent with the 4401 Xylon Avenue North Lr+ = tinewfont ACr = ActinoBLe analyzed samples in the hoanogeneous.set. New Hope. Minaesota 55428 SF = %varefoot ATM _ Ardh*yLfte Location Material Identif"icaaon Sample Number Types of Asbestos % Quantity Units Cond. Damage Potential Response Rating r - _ _ ,1 Master Bedroom 9x9 Floor Tile 1 -3 CI.1R 5 120 -130 SF N PD " Floor Tile Mastic 4 -6 CHR 2 -3 120 -130 SF N PD 1 " - Ceiling Texture 7 -9 ND - 120 -130 SF N PD 0 Bathroom 12x12 Floor Tile -Lop layer 10 -12 ND - 50 -60 SF N PD 0 Floor Tile Mastic 13 -15 ND - 50-60 SF N PD 0 Floor Tile -lower layer 16 -18 CUR 5 5060 SF N PD 1 Floor Tile Mastic 19 -21 CHR 2-3 50-60 SF N PD 1 South Bedroom Ceiling Plaster -skim coat 22 -24 ND - 80100 SF N PD 0 " Ceiling Plaster -base coat 25 -27 ND - 80 -100 SF N PD 0 S. Bedroom Bath Kitchen Wall Plaster -skim coat 28 -30 ND - 900 -1100 SF N PD 0 " Wall Plaster -base coat 31 -33 ND - 900 -1100 SF N PD 0 Back Rm. Master Bed Rm. Garage Utility RnL Sheetrock/Tape/Cornpound 34 -36 ND - 1200 -1300 SF N PD 0 Throughout Tarpaper -under wood floor 37 -39 AID - 1000 -1200 S F N PD 0 Kitchen, Living Rm. Ceiling Plaster -skim coat 40-42 AID - 350 -450 SF N PD 0 Ceiling Plaster -base coat 43 -45 ND - 350 -400 SF N PD 0 Kitchen Ceramic Tile Adhesive 46 -48 ND - 10 -20 SF N PD 0 Full Setvke Laboratory and On -Site Industrial Hygiene Sewkes for the Hazardous Material Abatement Industry Page 1 Prepared by: Angstrom Analytical, Inc. 5001 Cedar Lake Road • St. Louis Park, MN 55416 Office: (952) 252 -0405 • FAX: (952) 252 -0407 - ngstrom Analytieal & a Environmental services - __ -=._. w..- x. .. = _ - '- -: -✓.". 'o -.- _ _ g - ..- ,. + mix -... .�.,. _.-.T - -^ -- - Y Building Marne: 5512 Winnetka Ave. N. PSI) = poltintial farsignifcam damage RA = fittin ND = no asbestos was detected In thesample sAfnif ed Car aatalpais New Hope, Minnesota Survey Date: May 19", 20M PD = potential far dangge TREIA = Tremolile Ns = material not sampled N = little or no damage CUR = Chtysotile NAC = material oat ae=lble Project No City of New Hope D = nadwate damage ANS = Amosite < = less than value specified Attn: Ken Doresky SD = sigrotlMLdamup CROC = Ckoeadolile s _ Uwe saunpleawerenot andyaed Thm rumps are infeared a consistent with the analyzed samptesiothehomogeneoosset, 4401 Xylon Avenue Norlh LP = linearfoot ACT = Actino12te NOXY Ho Minnesota 55428 sF = silowe foot AMR = Anthn�phylliic Sample Types of Damage Response Location Materialldentiftcation Number Asbestos Quantity Units Cond. Potential Rating Utility Rm. 12x12 Floor Tile 49 -51 ND 80 -100 SF N PD 0 " Floor Tile Mas lie 52 -54 ND - 80 -100 SF N PD 0 Garage 9x9 Floor Tile 55 -57 CHR 5 5 -10* SF N PD 1 " Floor Tile Mastic 58 -60 CHR 2 -3 5 -10* SF N PD i Exterior Roofing 61 -63 ND - 1800 -2000 SF N PD 0 " Window Glaze 64-66 CHR 2 10 -12 EA N PD 1 " Stucco 67 -69 ND - 1500 -1800 SF N PD 0 " Paper —under stucco 70-72 ND - 1500 -2000 SF N PD 0 Shed Roofing 73 -75 ND - 150 -170 SF N PD 0 Caulk 76 -78 ND 200 -250 LF N PD 0 x -.n s K - - __ Full Service Laborataryand On -Site Industrial Hygiene Services for the Hazardous Material Abatement Industry Page 2 MAY. 8:42PM ANGSTROM ANALYTICAL N0, 432 P. 4 p � \ ngstront Analytical, Inc. 5001 Cedar Lake Road S. St. Louis Park, MN 55416 O Office: ( 952) 252-0405 252 -0407 ,! WCROSCO for: City of New Hope Attn: Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 Job or reference: 5512' 6'V'innetka Ave N of samples: 78 METHOD AND DEFINITIONS The submitted samples were analyzed using the EPA Interim. Method #600/M4-82 -020 (polarized light microscopy with optional dispersion staining). The method defines an asbestos- conraining material as one that contains greater than 1% asbestos by weight, and asbestos is defined as the fibrous forms of serpentine and certain amphiboles. While the fibrous and ton- fibrous forms of minerals are discernible macroscopically in hand specimens, the distinction between them is not clear on a microscopic level, especially after processing or manufacturing. Fibrous amphiboles are generally those whose mean aspect ratios (length over width) under the microscope are approximately >10, non - fibrous amphiboles are generally those whose mean aspect ratios are approximately <6. During analysis, morphology and an estimate of mean aspect ratio are used to assign a given mineral fiber population to fibrous of non - fibrous categories. That non- fibrous amphiboles are not reported as asbestos is consistent with mineralogical definitions, but does not imply that non - fibrous amphiboles are not hazardous Airborne concentrations of them may be regulated by OSHA under certain circumstances. Vie type of dispersion staining used is generally phase contrast, although central stop dispersion staining may also be used PERCENTAGE REPORTING The percentage of each fiber type present was determined using volume percents estimated from stereoscopic examination, projected area percents from mounted slide examination and percents from comparison to weight percent standards. Such estimations are suitable for most samples but do have large error ranges Errors are estimated to be 100 relative percent uncertainty for percentage estimates under 10% ranging down ro as little as 10 relative percent uncertainty for percentage estimates greater than 50%. Friable samples which, have been estimated by the above methods to contain less than 10% asbestos can be point counted according to the EPA Interim Method, as required by NESHAPS In low percentage samples, point counting may produce false negatives or posiaives, due to the small number of points counted For samples consisting of more than one apparent type of material or layer, the percentage of each fiber type in each type of material or layer is determined and reported separately; an overall average for the sample of each fiber type is then calculated. The reported friability of a sample refers to that friability observed in the condition analyzed (broken, crushed, etc), and is not to be substituted for an on -site assessment of friability. Each Angstrom Analytical Lab report relates only to the sample tested and may not, due to the sampling process, be representative of the material sampled ---------------------------- - - - - -- ---. .............----- ----- -- - - --.. - -- -- -Date: May 25, 2004 Steve Wallinga, Angstrom Analytical, Inc. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement industry i • i .. ' e! il; .ii _'••• Angstrom Analytical, Inc. ® 5001 Cedar Lake Road . St. Louis Park, MN 55416 • AA/PLM /1 SampleNumher Material Physical Description Location =AsbkrosTyjsi ApprMana0o Rercent 1 9 x9 Ito �. S roa (- � M 24- ly Ddtcted ��'i 1 11111111111 loll Angstrom Analytical, Inc. ® 5001 Cedar Lake Road . St. Louis Park, MN 55416 • AA/PLM /1 � r CLIENT Project Location Results Vla S!(�t City of New Hope �$-)� (nl,hylC fG � AV Report Data Entry Approvede Project # Vin- $� �e Analyst / / Oq ` 7 CLIENTADDRESS Attn: Ken Doreskey Client/ReceivingN Li 0 Date Reed AnaTyzed - 4401 Xylon Ave N Assigned/Lab # Now Hope, MN 5542BA898 Date Mailed Phoned 763.631 -5137 Fax #783- 531 -5136 {f""OS Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, MN 55416 - AAIPLMtl Sample Number Material 9_)r11 Floa,1 Physical Description (3 C !- C Location (�� rtrvw� - T� / slyestosnT i— 4 n � _ AAppy"rrmlo _,Percent . d 1 V _ofttt! b Fig 0r T 1 k I wr_ l Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, MN 55416 - AAIPLMtl CLIENT ProjectLocatTon ResuTts Via PhysicaT Descrlplion City of New Hope J Al S �lJ�h�et�� A/t, Report Data En try (a`� Approved PraJect�9 dH-S� // aL Anaiysl / ( CLIENTADDRESS Attn: Ken Doreskey ClientfReeeivingt +_Z Xylon 7 Date Rec'd Analyzed - G 4401 Ave N Asstgned/Lab # New Hope, MN 564289898 Date Mailed Phoned 763 -531 -5137 Fax # 763 - 53'1 -6136 ® f -- O� Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLMi1 Sample Number Material PhysicaT Descrlplion Location Asbestow ypo App 6ximate -- _ P2rc2nf lou)a le 4 s+ " 21 0 _hr7 2 - Now --lDstected M ask , - bi&.Jt: y �17� _ - � ��a✓� bd Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLMi1 $' CLIENT City of New Hope PPO) @Ct lQCatlOtt j J .5��� W �hG� f j� Result Via Report Data Entry Approved 8 Projects ��' S �- Analyst Date Rea S 19 ""`1 Analyzed 6 Date Malted Phoned CLIENT ADDRESS Attn: Ken Doreskey 4401 Xyioa Ave N New Hope, MN 554284898 763 -531 -5137 Fax # 763 - 539.5136 CllentyReceiving # , 3 AssignediLab # �_�� 0 Angstrom Analytical, Inc. • 5001 Cedar Lake Road ® St, Louis Park, IVIN 55416 • AA/PLM /9 Sample Nurn her Material PhysTcal Description location As6estosType? Approilmaf 31-/ S hcc�ru u� T ``�-- 1 k RM- (AV, /`1{s{ - __>>" e _ Rp WeGWd oil' 0 1 1 Angstrom Analytical, Inc. • 5001 Cedar Lake Road ® St, Louis Park, IVIN 55416 • AA/PLM /9 l c ���� ` • �� . i Road 0 .. • Pa WENT Project Locafion Results Vla Data Entry Approved B City of New Hope �%Pprokfmale Ssl '+'1N1Cr tct-�' Report Project# OA Analyst CLIENT ADDRESS Ctlent/Recelving # Attn: Ken Doreskey 3 bate Recd '�`� -O Analyzed 4401 Xyton Ave N New Hope, MN 55428 -4898 ASS; nee /� # g ,c � Dale Mailed Phoned 763 -531 -5137 Fax # 763 - 531-5136 v T `"(r Angstrom Analytical, Inc. ® 5001 Cedar Lake Road • St. Louis Park, MN 56416 • AA/PLM /1 Sample Number Material PhysfcaT Description Location 1t sta l pe �%Pprokfmale S - 7 Toj- Pa f .1c c� �.,� Fir - al one -, Ot e+ed _ _ate = one - = = etb Angstrom Analytical, Inc. ® 5001 Cedar Lake Road • St. Louis Park, MN 56416 • AA/PLM /1 r An gstr o m t 5001 Cedar - .ass St. Louis Park, MN 55416 CLIENT Project Location Results Via Data Ent � Approved City of New Hope Report Project Pr °lectt / �.�t/�� Analyst / 1 q Analyzed Date Rac'd ' C CLIENT ADDRESS 4401 Ken e Client/Receiving# 46- 4441 Xyton A N A N Assigned /Lab It Oq CAS New Hope, MN 55428.4898 763 -531 Fax # T63-531-6136 Date Mailed Phoned -5137 Angstrom Analytical, Inc. * 5001 Cedar Lake Road * St. Louis Park, MN 55416 • AA/PLM /1 r i ; •'i W Wr,* 7 •s s •ss• • of New P roJect t-oca E5 k w ClientfReceiving # SS= —(3 AssignedfLab # Data Entry c�g' Approved 8 ProJecE# Analyst Date Reed S= ig �� �1 Analyzed Date Mailed Phoned __ Attn: Ken Doreskey 4401 Xylon Ave N New Hope, MN 55428.4898 763 - 531 -5137 Fax # 763 - 5136 Sample Number Material R o�r Physfrra.l Description Locatfon - - Asb"tpsT , yo AppxpxiniaYe' lv • _ — - - Angstrom Analytical, Inc. - 5001 Cedar Lake Road * St. Louis Park, MN 55416 - AA/PLM /1 ZOTWOW i NR' CLIENT City of New Hope Project Location c (( Results Via Report Data Entry LQ -0 Approved Project# c S - k Analyst Date Recd Analyzed L3 l Date Malled Phoned CLIENT ADDRESS Attn: Ken Doreskey 4401 Xylon Ave N New Hope, MN 554284898 763.531 - 5137 Fax # 763 - 531 -5138 CllentfRecelving # AssignedfLab It Q —d Angstrom Analytical, Inc. ® 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLM /1 Sample Number Material Physical Description Location "'A$bestosType ApprpArnafe' Percent elWod (� T(. 5 tac- 1< VW c �V J'tkceD 40 e 6 6fbded 7 2- _ 9 Ito h. _. _ Angstrom Analytical, Inc. ® 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLM /1 lop CLIENT CTty of New nape Project Location f /�, s � / �« W°v1tryC r` � ' f � /'�' Results Via Repot Data ��_ Data Entry � App roved 8 �� - 5 rte- Analyst — s' -��'U `/ 'r-Z 3 "t�`f' Date Recd Analyzed Date Mailed Phoned CLIENT ADDRESS Attn: Ken Doreskey 4401 Xylon Ave N New Hope, MN 554284898 763 -631 -5137 Fax# 763 -631 -5136 Cllent/Recelving # -7 3- Z Assipedlt.ab # Angstrom Analytical, Inc. a 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - ANPLM /1 Sample Number Material Physical Descrlption Location Asbestos Type : = ; ; - Appraxltridbe Percent '7 6 7 Norge ROO DO d- etected fie Detecte Angstrom Analytical, Inc. a 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - ANPLM /1 May 10, 2004 City of New Mope Ann. Ken Doreshy Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Rp• - Limited Scope Lead -Based Paint Testing Report This report provides the results of a limited scope lead-based paint testing conducted on May 19", 2004 at 5512 Winnetka. Avenue North in New elope, Minnesota. Angstrom Analytical, Inc. was authorized by you to conduct field screening of suspect deteriorating lead -based paint by using a field portable x -ray fluorescence (XRF) analyzer, and to collect and analyze paint chip samples, as necessary, to achieve conclusive results. Results Results of XRF and laboratory analysis are s ummarize d in the following report, which lists all components exceeding Department of Housing and Urban Development (HUD) thresholds (see remarks) for lead -based paint. Complete XRF field data showing all samples results are attached. Methodology Testing was accomplished using a Niton XL -309 (300 Series). This instrument is a portable, non - destructive, in -situ testing and measurement instrument that renders an average precision of +1- 0.3 milligrams per square centimeter (mg1cm depending upon the length of time the sample point is tested. Specific precision 1zmuts are established by the National Institute of Standards and Technology (NIST). This instrument contains a radioactive isotope, Cadmium -109, with a maxim activity of 10 m Ci. The manufacturer of the sealed source is Niton Corporation, the source model is XFB3205. This instrument is registered with the Minnesota Department of Health and is operated by licensed lead inspectors. Sampling protocols recommended in HUD's "Lead - Based Paint; Interim Guidelines for Hazard Identification and*Abatement in Public and Indian Housing." May 1991 revision, were used to determine the presence or absence of lead -based paint. Where conclusive results were not obtained by XRF testing, confirmatory paint chip samples were or can be collected for laboratory analysis. Full Service Laboratory and on -site Industrial Hygieno Services for the Hazardous Material Abatement Industry MAY. 25, 2004 8:43PM ANGSTROM ANALYTICAL N0. 432 P. 15 Remarks The Lead -Based Paint Poisoning Prevention Act (LBPPA) has established an action level for public housing. Under the statute, lead -based paint hazards equal to or greater than 1.0 mg/=2 or 0.5 percent by weight must be abated. Standards for pzivate or commercial housing vary by locality. All sampling was conducted by representatives of Angstrom Analytical, Inc. If you have any questions or need fiuther assistance, please call us at the number above. Sincerely, Steve Wallinga Angstrom Analytical, Inc. MAY. 25, 2004 8:44PM ANGSTROM ANALYTICAL NO, 432 P. 16 e .. o � © ngst Analytical, Inc. 5001 Cedar take Road S. St Louis park, MN 55416 Office: (952) 252 -0405 ,p O 6 r-ax: (952) 252 -0407 May 10, 2004 City of New Hope Attu: e'en Doresky Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Summary of Findings Lead -Based Paint Screening by XRF The scope of our services was limited to the detection of lead -based paint through the use of a portable X12F at 55512 Winnetka Avenue North in New Hope, Minnesota. All measurements are mg/cm2. Confirmation Samples 0.0 A. 1.02 Standard 1.0 1.0 1.0 Location & Material Result Ct g d�tiQn Kitchen 0.9 1) White Sheetrock Wall 0.0 Fair Living Room Poor 2) . White Plaster Wall 0.1 Fair Bedroom 3) White Sheetrock Wall 0.0 Fair 4) White Wood Window Sash 0.0 Poor 5) White Wood Window Well 0.9 Poor 6) White Wood. Window Sill 0.1 Poor Garage 7) Gray Wallboard 0.0 Fair Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry MAY.25.2004 8:44PM ANGSTROM ANALYTICAL Location & Material Exterior 8) Beige Wood Trim. 9) Beige Wood Soffit 10) White Wood Door Trim 11) White Wood Window Trim X2) White Brick Molding 13) Yellow Garage Door 14) 'White Garage Door Jamb Shed 15) White Wood Siding 16) White Window Sash Results 0.0 1.9 0.7 3.6 4.6 0,0 5.6 II 0 N0, 432 P. 11 Condition Poor Fair Poor Poor Poor Pair Poor Poor ]Fair '? V 0 * { * OLD REPUBLIC National Title Insurance Company July 6, 2004 The Economic Development Authority in and for the City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Order Number OR1017329 C - Documents indicated below are enclosed: ❑ Abstract of Title No. ® Owner's Policy A22025 -AV- 00036869 ❑ Vendee's Policy ❑ Vendee's Policy ❑ Title Binder ❑ Contract for Deed Document No. ❑ Invoice ❑ Endorsement ® Warranty Deed No. 8329129 Other Documents Enclosed: Yours very truly, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY By: jks NOTE: If you have any questions regarding this policy, please call: Marguerite Edholm at 612 - 371 -1111 ext. 1276 Fax 612 -371 -1179. ORDOCS O LETTER MT01216 OLD REPUBLIC NATIONAL TITLE 400 Second Avenue South Minneapolis, MN 55401 (612)371 -1111 Owner's Policy American Land Title Association Owner's Policy 10 -17 -92 * * Policy Number A22025 -SV- 00036869 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by a above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 W01155 (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from -the failure: - - - - (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms.. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge ": or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land' does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, deed, or other security instrument. (fj "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section l(a)(iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in She records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Given by Insured Claimant. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate wish regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 W01155 4. Defense and Prosecution of Actions; Duty oflnsured Claimant to Cooperate. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals. therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third panics as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 6. Options to Pay or Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs. attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 7. Determination, Extent of Liability and Coinsurance. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs. attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Apportionment. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction oflnsurance; Reduction or Termination ofLiability. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation. � Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights _ Against Non - insured Obli ag_ors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 W01155 notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitration. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. Liability Limited to this Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to its Home Office: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111. Issued through the office of Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, MN 55401 Authorized Signatory OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371 -1111 "�ic=* President By v Attest ' xN"� Secretary ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 FILE NO: HEN OR1017329 -C ORT FORM 402 - ALTA Owner's 10 -17 -92 FILE NO.: OR1017329 -C POLICY NO.: A22025 -SV- 00036869 POLICY AMOUNT: $147,000.00 PREMIUM: - - - -- e � POLICY DATE: April 9, 2004 AT 5:00 PM 1. THE INSURED HEREUNDER, IN WHOM TITLE TO THE FEE SIMPLE ESTATE IS VESTED, AT DATE HEREOF, IS: Economic Development Authority in and for the City of New Hope, a public body corporate and politic 2. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. Abstract Property ORDOCS ORT COMMERCIAL FINAL POLICY MT01121 OCOFP it * O LD T r g�1 PAGE 1 OLD REPUBLIC ,� 'F National Title Insurance Company NOTE: There are no special assessments now a lien on the premises. 2. Taxes for the year 2004 not paid on which no penalty will accrue if first one -half is paid on or before May 15, 2004 and second one -half is paid on or before October 15, 2004. 3. Certificate of Village Attorney filed December 19, 1957, as Document No. 3098629. 4. Final Certificate filed September 26, 1973, as Document No. 4044387. 5. Easement filed April 23, 1959, as Document No. 3172649. 6. Due to neighboring parcels being described as part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, or part of Lot 38, Auditor's Subdivision 226 and the plat of Auditors Subdivision No. 226 indicates that Lot 38 is 330 feet, more or less, in width, there may be a gap and /or overlap between the subject parcels and adjoining parcels. 7. Rights of the Public in roadways as shown on available maps. ORDOCS ORT COMMERCIAL FINAL POLICY MT01121 OCOFP � x PAGE 2 is .� *OLD REPUBLIC ,' K National Title Insurance Company Miller /Davis Co., St. Paul, MN MINNESOTA DEPARTMENT OF HEALTH MDH USE ONLY Well Management Section, P.O. Box 64975, St. Paul, Minnesota 55164 -0975 (651) 215 -0819 or 1 -800- 383 -9808 WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Person filing deed must attach $30 fee payable to the county recorder. A. PROPERTY DESCRIPTION Attach a legal description of the property. COUNTY LOT NUMBER BLOCK NUMBER ADDITION NAME Hennepin See Attached Schedule A STREET ADDRESS 5512 Winnetka Avenue North CITY STATE ZIP CODE P.I.N. (OPTIONAL) New Hope MN 55428 05- 118 -21 -33 -0006 B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING FIRST MIDDLE LAST COMPANY NAME (IF APPLICABLE) Economic Development Authority in and for the City of New Hope ADDRESS 4401 Xylon Avenue North ADDRESS CITY STATE ZIP TELEPHONE New Hope MN 55428 (763) 531 -5100 C. CERTIFICATION BY SELLER I certify that the information rovided on this certificate is accurate and complete to the best of my knowledge. f 11 /'1 -t f Name of Seller (Please Print) Signature of Seller or Designated Representative of Seller Date D. CERTIFICATION BY BUYER The buyer or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for all deeds given in fulfillment of a contract for deed if there is a well on the property. In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this well certificate. No signature is required by the buyer if the seller has signed above. Based on disclosure information provided to me by the seller or other available information, I certify that the information on this certificate is accurate and complete to the best of my knowledge. Signature of Buyer or Designated Representative of Buyer Date IMPORTANT NOTE: The Minnesota Department of Health (MDH) will follow-up with the property buyer regarding any wells disclosed as not in use. If a well is not in use, the property owner must either return the well to use, have the well sealed by a licensed well contractor, or obtain an annual maintenance permit from the MDH for $125. A copy of this well disclosure certificate should be provided to the property buyer. 7/02 MINNESOTA DEPARTMENT OF HEALTH WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Fill out a separate well information page if more than three wells are located on the property. WELL #1 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBE TOWNSHIP NUMBER RANGE NUMBER Hennepin Southwest Quarter of Southwest Quarter 05 118 21 WELL STATUS (Check only one box) - — 1 YEAR WELL WAS SEALED OR WELL IS: F1 IN USE (1) NOT IN USE ( SEALED BY LICENSED WELL CONTRACTOR (3 SEALING RECO (IF KNOWN} Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL CONTRA O L/� If the well has been sealed by someone ther than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. �)) WELL #2 & C COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER Hennepin WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS: IN USE (1) ❑NOT IN USE (2)❑ SEALED BY LICENSED WELL CONTRACTOR (3 SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL CONTRACTOR If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. WELL #3 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBE TOWNSHIP NUMBER RANGE NUMBER Hennepin WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS:❑ IN USE (1) ❑ NOT IN USE (2)❑ SEALED BY LICENSED WELL CONTRACTOR (3 SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. CONTRACTOR SKETCH MAP - Sketch the location of the well(s) and include estimated distances from roads, streets and buildings. IF MORE THAN ONE WELL ON PROPERTY, USE THE WELL LOCATION NUMBER ABOVE TO IDENTIFY EACH WELL. The location of the well(s) must be provided. If the location of a well is not known, have the well located by a person qualified to locate wells, such as a licensed contractor. + �.. t h Cf Information provided on this form is classified as public information under Minnesota Statutes, Chapter 13. To request this document in another format call (651) 215 -0811 or TDD (651) 215 -0707 or greater Minnesota through Minnesota Relay Service at 1- 800 - 627 -3529 and ask for (651) 215 -0811. Visit our web site at: www.health.state.mn.us/div/eh/wells/disclosures/ HE -01387 -09 IC #140 -0385 7 /02 Schedule "A"' Legal Description That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. ( * OLD REPUBLIC National Title Insurance Company DISCLOSURE OF MINNESOTA STATUTES Old Republic Title- Residential (hereinafter referred to as the COMPANY) PROPERTY IDENTIFIED AS: 5512 Winnetka Avenue North New Hope, Minnesota 55428 The COMPANY will be providing closing services for the above identified property. Minnesota law requires that the following disclosure be given to anyone being charged for closing services: Minnesota law (M.S.A. 507.45, Subd. 3(a) provides: "THE REAL ESTATE BROKER, REAL ESTATE SALESPERSON, OR REAL ESTATE CLOSING AGENT HAS NOT AND, UNDER APPLICABLE STATE LAW, MAY NOT EXPRESS OPINIONS REGARDING THE LEGAL EFFECT OF THE CLOSING DOCUMENTS OR OF THE CLOSING ITSELF." Minnesota law (M.S.A. 507.45, Subd. 2) provides: "NO CHARGE, EXCEPT A CHARGE REQUIRED TO BE DISCLOSED BY REGULATION Z, CODE OF FEDERAL REGULATIONS, TITLE 12, SECTION 226, AND EXCEPT A CHARGE FOR WHICH AN ESTIMATE HAS BEEN GIVEN PURSUANT TO THE FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT, AND REGULATIONS THEREUNDER. MAY BE MADE BY A CLOSING AGENT UNLESS THE PARTY TO BE CHARGED IS INFORMED OF THE CHARGE IN WRITING AT LEAST FIVE BUSINESS DAYS BEFORE CLOSING BY OR ON BEHALF OF THE PARTY CHARGING FOR THE CLOSING SERVICES." The charge to you by the COMPANY or its authorized agent for closing services will be $200.00. Z-611 The undersigned acknowledges receipt of such disclosure of charge as required by law. (� e�lr ® The undersigned waives receipt of such disclosure of charge and agrees to pay to the COMPANY or its authorized agent the charge for closing services stated in the contract for closing services. City of New Hope y: Y en or Its: Community Development Specialist March 29, 2004 March 29, 2 004 Jose A. Mendez * ( * OLD REPUBLIC National Title Insurance Company DEPOSITORY AUTHORIZATION, CLOSING ACKNOWLEDGEMENT AND RELEASE Old Republic Title- Residential (hereinafter referred to as the COMPANY) PROPERTY ADDRESS: 5512 Winnetka Avenue North New Hope, Minnesota 55428 SELLERS: Jose A. Mendez BUYERS: City of New Hope CLOSING DATE: March 29, 2004 FILE NUMBER: OR1017329 A. The undersigned SELLERS and BUYERS of the above described property state that they are aware that the COMPANY is handling part or all of the closing of the above sale and that the COMPANY cannot give either SELLERS or BUYERS any legal advice or counsel in connection with the sale of the property or on any other matter. B. The SELLERS agree to pay all-sp ial�ents, real estate taxes and 54 associated with the above property, as agreed upon in the purchase agreement, and to hold harmless and indemnify the Buyer, the COMPANY, and any title company or real estate brokers involved in the transaction against any such special assessments, real estate taxes and utility charges, liens or legal costs to remove the same. C. The SELLERS agree to make arrangements with the water department to have the final reading made on the water meter and will have the final water 11 sent to them at their forwardin address which is: and will pay the final bill immediately upon receipt so that the final water bill does not become a lien on the property above. D. The BUYERS acknowledge that they are responsible for all future utilities and that they are responsible for all future payments and terms required on any mortgages or contracts for deed assumed as part of this sale. E. If as BUYERS, you are not required to escrow or have elected not to escrow for payment of real estate taxes, be advised that taxes are payable on May 15th and October 15th of each year. If prior to this date you have not received a tax statement, please call the Treasurer's office to request a duplicate copy. ORDOCS DEPOSITORY AUTHORIZATION, CLOSING ACKNOWLEDGEMENT AND RELEASE MT01002 PAGE 1 OF 5 F. The BUYERS and/or SELLERS, agree if requested by Lender or Closing Agent, to fully cooperate and adjust for clerical errors on any or all closing documentation deemed necessary or desirable in the reasonable discretion of Lender or Closing Agent. The undersigned BUYERS and/or SELLERS do hereby agree and covenant in order to assure that all documentation executed this date will conform and be acceptable in the market place in the instance of transfer, sale or conveyance. G. The undersigned SELLERS of the above mentioned property do hereby �^ cert ' y that I/WE DID �-� ]SID NOT file for homestead, therefore, the taxes for the � -` l year will be ✓" HOMESTEAD NON HOMESTEAD. H. The undersigned BUYERS also acknowledge receipt of the copy of the Warranty Deed (or Contract for Deed) and instructions for filing for homestead certification. I. The undersigned SELLERS also acknowledge that if they sell their property or change their primary residence, state law requires that they notify their Assessor within 30 days. City New Hope By Ken Doresky Its: Community Development Specialist March 29, 2004 .lose A. Mendez March 29, 2004 Id Tit le- Residential A. WH1'1'WUKI'h ORDOCS DEPOSITORY AUTHORIZATION, CLOSING ACKNOWLEDGEMENT AND RELEASE MT01002 PAGE 2 OF 5 Ref: Closing file #0111017329 In order to facilitate the closing of the above file, the Undersigned (also referred to as "You" or "Your ") does hereby authorize and instruct Old Republic National Title Insurance Company ( "Escrow Agent ") to deposit the funds received from you ( "Your Funds ") or on your behalf into a bank account ( "Escrow Account "). The account shall be in the Escrow Agent's name and will also contain similar deposits from customers conducting real estate transactions. In order to help keep settlement cots down, Escrow Agent may arrange for the bank to provide it with a number of services at a reduced rate or at no charge and/or may arrange to earn interest on the Escrow Account balance. Interest earned, if any, shall be paid to the Escrow Agent. In no event will any such arrangement restrict or limit in any way the disbursement of the Your funds in accordance with the instructions given by You, Your HUD -1 Settlement Statement or Your Closing Statement. Alternatively, if You expect Your funds would be held by the Escrow Account for a period of time prior to disbursement, You may elect to have interest paid to You by segregating Your funds into a separate interest- bearing account. A special arrangement for these types of accounts has been established with a local bank. To make this election, contact the Escrow Agent at the number listed below to obtain the necessary forms to be completed (Instruction Form and IRS Form W -9) A fee of $50.00 will be collected by the Escrow Agent as compensation for processing the documentation, transferring the funds, maintaining the audit/reconciliation records and coordinating the tax documentation. It is important that You consider the additional costs involved with segregating Your funds because these costs could exceed the interest You earn. To help You estimate the approximate amount of interest You may earn on a segregated account, attached are sample calculations at various interest rates. If you should have any questions or are interested in the initial interest rate currently being offered on segregated accounts please contact the Escrow Agent at the number listed below. The actual interest rate will fluctuate periodically with market conditions and may change prior to or during the time Your account is open. If you elect to segregate your funds into an interest bearing account in Your name, You must contact the Escrow Agent and request and complete an Instruction Form and an IRS Form W -9. If you elect to earn interest, but would like to have Your funds invested in another bank and/or another type of interest - bearing investment, please provide us with specific instructions in writing. The fee for these types of accounts will vary, but will be greater than $50.00 If you elect to direct the Escrow Agent to deposit Your funds into the Escrow Account please sign below. By signing below You are acknowledging Your agreement to the terms and procedures described above in the first two paragraphs. BUYERS: City of New Hope March 29, 2004 y: Ken Doresky Its: Community Development Specialist SELLERS: March 29, 2004 -- Jose A. Mendez ORDOCS DEPOSITORY AUTHORIZATION, CLOSING ACKNOWLEDGEMENT AND RELEASE MT01002 PAGE 3 OF 5 MORTGAGE PAYOFF AND SAT REQUEST TO: Bremer Bank Service Center FROM: Old Republic Title- Residential 1855 Eagle Point Boulevard 400 2nd Avenue South Lake Elmo, MN 55042 Minneapolis, MN 55401 Attu: Phone: Date: Loan # Attn: Rosey Dickey March 29, 2004 Closer: PAULA A. WHITWORTH Phone: (612)371 -1111 File # OR1017329 We enclose our check in the amount of $17,568.31 in full payment of the mortgage account of Jose A. Mendez, a single person on the property at 5512 Winnetka Avenue North, New Hope, Minnesota 55428 Property Legal Description: L 38, B, AUDITOR'S SUBDIVISION NO. 226 Hennepin County THIS PROPERTY IS: Abstract Mortgage Information: Original Mortgage Dated: May 17, 2002 Filed: September 4, 2002 Document No: 7806325 Borrower's Forwarding Address: 6�_ A)e- PLEASE SEND SATISFACTION OF MORTGAGE/PARTIAL RELEASE OF MORTGAGE AND RELATED MORTGAGE LOAN INSTRUMENTS TO THE ABOVE OFFICE AS SOON AS POSSIBLE AND PLEASE REFER TO OUR FILE # OR1017329. / PLEASE RETURN A COPY OF THIS LETTER WITH YOUR DOCUMENTS. V OU PAULA A. WHITWORTH Assistant Secretary Please close this account and forward Satisfaction to Old Republic National Title e 3- 21�_ ORDOCS MORTGAGE PAYOFF AND SAT REQUEST Page 1 of I MAR.29.2004 3 OLD REPUBLIC TITLE NO-21 P. 4 C POR No MWQXOMXXCW Jzw0jtT3t6 ON "t= ' rr OR % g g OF A 1 RBS 2masmacm - ZxJ-Ls to== may ZQ completed by the seller Or m Pr:LnC!pmA residence. Th;Ls InEc3=mia- ttlon is nocessawy to detaw *rhmthew the gala or eXCha=ge shOU16 7 waVcxtoA t r selX�az, ana =0 the X=teX Revenue Car on Form 1099 p wocea d :; From Rq- r Mra=SaCtiC... If the S-mllcL-x- properly completes p Zra I and III, and makms yes" W Se to a5Gu3va:ac-F (1) th ough (4) ;Ln Pa Xj, no i n f O=m= t : L on —po=r-Ing to the zellex or t the S erv i ce $r: LZj be =mcju1=ed to= r-kL4te a-aIX-aw. Tkc term "Seller- includes `=h owner Of the r0sidejamm that 9L9 gold or exchamsed. ThUg, if a rc,5:Ldemce hens more than one owner, a real oazate reporting pson must either obtaim a c f rom each ow=m= payem sr (what an !Lnfox return =d fu=n:Lzl% a -=x"ma r h ar married Ox :ao+-) or Cl la "L for m kw%3r 0 - = +�- v --ko the Certification. 4Cax met Numbers ORI017329 Sexxow Xnf0mm*L-v-.tmm 1. WAMS -Tom* A- Mende. 2. A"= ODC legal deSr-W;LPt:LO= (:LnClUd:Lnq city, mt;lkr.9, and ZXV Code) of zesldence% being sold Or exchanged - 5512 Wianec7ca Avontxa North aTsaw T�opa MW 99428, X0=4MM:M:Ln COUnty, MW, Fxx 3- Tm--apayez xdantificae--ion Number (TI Rwaalt "yes" Or ";mow fox asqmu=ances used the -2- as my p=Inclpal ragIdence for parlmdr. agg=egatlng 2 years or moxe during the s-year period �` ��as as r a& us " -- m 6 a 3 - 9 03 c e=chmms'e a= the residence. (2) X have =OL gold or e,cchang m=o=hm=other p=J ae =MC!LaGnCe dU=jna "e 2-Yea= Period ending on the data of the sale or exc of the wo—LaGmcs; (noz r-mx1xig snto account essay sa or wcc befo=e Ray 7, 2997). (3) NO PO=tiOn of the zes1de=cQ "g been %1-- f b-mr-Iness or =Qn- =ml purposes 3D y Am " (or 3&7 S POUSO it I m =a:Cr:Led) after May 6, 1997. (4) At least one CC the gollow:Lngr three stat . 3mus The swim or exc I t of the entire =wX tor $250, 000 a= less. OR am married, the Bale Or exchanges Is of the entire =nz:idence fo3c $B00, 000 O r lOgg, AND the gain on the Bala or exchange of the e tl=e wes&danae Ig 250, o00 O= less _ OR am merriod, the Sal" or exchange 19 or the entire =or $ 5001000 or less AND (a) I Intend to rile a joint =s.:kturn for the year or the sa or ek=ohanga, (b) nW mPout5e also used the =aZid as J%Ia Or bar JP =Sxxc 'P &l = es 1 denGQ for Perlc&z aggregating 2 years or more during the 5 -year ps=iod ending on th date of the gala OX o- MahsLftgc- of the =a=lclence and (c) m y S P OU SQ also has not sold OM' enchangred another p=!L=C;Lpaj rezidence du=lngr the 2- Year Period ending on the dzt-- of the Sal Ox e:'cchaxMff 09 . thQ x0gidemem (nor. '--eLk:LxL!;r :Luro acco any sale Q= exchange befo== Xay 7, 1997) . Part XXX- SaXlew Ce-m1t:L1!:Lca Under Penalties of perjury, x certify that all the MLba-46- 3,Amf52maft 3a true as Of the ema of the day of th g& or exchange,_ "pro A. Mendez Date V NOT AM 003 AND PRIOR TAXES PAZ TAXPAYER SERVICES TRANSFER ENTERED APR 0 8 2004 Doc No 8329129 041091200411:00 AM Certified filed and or.recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 7 TranslD 19600 Fees $5.00 ConsFee $15.00 DOC $5.00 SUR $30.00 WC $55.00 Total WARRANTY DEED Individual(s) to Corporation, Partnership or Limited Liability Company dP / 01 - 73, -Ic, STATE DEED TAX DUE HEREON: $499.80 WELL CERTIFICATE WAS RECEIVED { �� Date: March 29, 2004. FOR VALUABLE CONSIDERATION, Jose A. Mendez, a single person, Grantor, hereby conveys and warrants to the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota; subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances belonging thereto. Check box if applicable: ❑ The seller certifies that the seller does not know of any wells on the described real property. 0 A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Jose A. Mendez STATE OF MINNESOTA d en; ; Co. 5 COUNTY OF HENNEPIN 4 181 , ' "i.K The foregoing instrument was acknowledged before me this 29' day of March, 2004, by Jose A. Mendez, a single person, Grantor. PAULA A. WHITWORTH NOTARY PUBLIC - MINNESOTA Notary Public Check here if part or all of the land is Registered (Torrens) ❑ THIS INSTRUMENT DRAFTED BY Jensen & Sondrall,P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 PAAmmeyULB \1Llimt Folders \CNN199 - 1 1 29 0\004 -WD.d. Tax Statements for the real property described in this instrument should be sent to: The Economic Development Authority and in for the City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 z MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. 1. PARTIES, This Purchase Agreement is made on March , 2004, by and between Jose A. Mendez, a single person, of 5512 Winnetka Avenue North, New Hope, Minnesota 55428, SELLER, and the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, of 4401 Xylon Avenue North, New Hope, Minnesota 55428, BUYER. 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota; Property Tax Identification Number or Tax Parcel Number 05- 118 -21 -33 -0006; located at 5512 Winnetka Avenue North, City of New Hope, County of Hennepin, State of Minnesota, 55428. 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. Tlis off to — rehas° • 4ess aeeepted ° s h a ll be . ,,; a ,.. 11 :59 . on 2004, and in sueh event a4l eamest meney shall be r-efanded te Buyer. 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller and currently located on the real property are included in this sale: 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, built -in humidifiers, built - in air conditioning units, built -in electronic air filters, automatic garage door openers with controls, television antennas, water softeners, built -in dishwashers, garbage disposals, built -in trash compactors, built -in ovens and cooking stoves, hood -fans, intercoms, installed carpeting, work benches, security systems, and also the following property: uver has informed Seller he may remove permanent fixtures from the property Seller agrees to notify a nd obtain Buyer's approval before any permanent fix re is removed from the prop rtv. Upon delivery ef the Deed, Seller shall e4se deh�,w a WaTranty ef Sale- fbw the abeve persens,4 pr R R F efm N 9n (199: W ffty Dili o S _-_' _-r-- _ ., ., 'uai.J- v� " c +- vi -ouxr 5. PRICE AND TERMS. The price for the real and personal property included in this sale is One Hundred Forty-Seven Thousand and 00 /100 Dollars ($147,000.00) which Buyer shall pay as follows: Earnest money of $0.00 by CASH, . Clo NOTE payable to ❑ Seller, to be deposited and held by Seller (and may be commingled with Seller's other funds) pending closing, ❑ Seller's lawyer, to be deposited and held in the lawyer's trust account pending closing, ❑ Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, ii Other reeeipt of which is hereby ,, ed and $147,000.00 cash, on , 2004, the Date of Closing., 6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a General Warranty Deed, joined in by spouse, if any, conveying marketable title of record, subject to: A. Building and zoning laws, ordinances, state and 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: None. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated 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 % of the prior year's taxes, and such estimated proration shall be r,.. °'r FULL AND FINAL BETWEEN SELLER AND BUYER RECEIPT OF THE AG4U TAX STATEAIENT FOR SUCH YEAR (in whieh ease the paft5�� issuane of the twE state eR4s` Seller represents the taxes due and payable in the year(s) 2004 will be FULL, PART, NON homestead classification. unless B e the t fflk e l ir,,..,.;° e t axes pay able in t he ye deelaration v4thin the time r-equ4ed by law. 9 the twEes due eqd payable in the yeaf of elasing are PART e elassifieatieft and the elesing takes plaee after- the date by whieh Buyer fffast take pessessiee of �he real pfap" as Buyer's homestead to file fi)F heraestead ta)i sta;tias far- taiEes due aed payable in sueh year-, Seller shall pay to Bayer at elesing-S as Seller's share of sueh ` kes. SW � BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING/ SELLE SHAI�h PAA� ON DATE OF all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the date of this Purchase Agreement. SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's provision for payment shall be by payment into escrow of 1 -1(2 times the estimated amount of the assessments.) As of the date of this Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment becomes pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: A. Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commensurate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment; or C. Declare this Purchase Agreement void by notice to Seller, and earnest money shall be refunded to Buyer. SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes (including "Green Acres" taxes under Minn. Stat. 273.111) or special assessments payment of which is required as a result of the closing of this sale. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the real property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the real property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the real property. These warranties shall survive the delivery of the Deed or Contract for Deed. 2 10. CONDITION OF PROPERTY. A. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, fireplaces (including mechanisms, dampers, flues, and doors), wiring, and plumbing used and located on the real property will be in working order on the Date of Closing. Seller shall remove all debris, and all personal property not included in this sale from the real property before possession date. Seller has no knowledge of any Dutch elm disease, oak wilt, or other disease of any trees on the real property. B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except as follows: None. C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed R-- `"R-r'F-a^* -ref Deed Any action based upon these warranties and representations must be commenced within two years after the date on which the Buyer closed on the purchase of the real property. D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinances or lending regulations, Seller does not plan to have the property inspected. E. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1, 2003), Seller must provide a written disclosure [see (1) below], or Buyer must have received an inspection report [see (2) below], or Buyer and Seller may waive the written disclosure requirements [see (3) below]. Minnesota Statutes Section 513.57, Subd. 2. LIABILITY. A seller who fails to make a disclosure as required by sections 513.52 to 513.60 and was aware of the condition of the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action and recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years after the date on which the prospective buyer closed the purchase or transfer of the real property. (Select only one of these three:] ❑ (1) Seller's Disclosure. Seller has provided a written disclosure to Buyer. A copy of Seller's disclosure is attached. Seller shall correct in writing any inaccuracies in the disclosure as soon as reasonably possible before closing. Minnesota Statutes Section 513.55. GENERAL DISCLOSURE REQUIREMENTS. Subdivision 1. CONTENTS. (a) Before signing an agreement to sell or transfer residential real property, the seller shall make a written disclosure to the prospective buyer. The disclosure must include all material facts pertaining to adverse physical conditions in the property of which the seller is aware that could adversely and significantly affect: (1) an ordinary buyer's use and enjoyment of the property; or, (2) any intended use of the property of which the seller is aware. (b) The disclosure must be made in good faith and based upon the best of the seller's knowledge at the time of the disclosure. Minnesota Statutes Section 513.58. AMENDMENT TO DISCLOSURE. Subdivision 1. NOTICE. A seller must notify the prospective buyer in writing as soon as reasonably possible, but in any event before closing, if the seller learns that the seller's disclosure required by section 513.55 was inaccurate. Subdivision 2. FAILURE TO NOTIFY; LIABILITY. A seller who fails to notify the prospective buyer of any amendments to the initial disclosure required under subdivision 1 is liable to the prospective buyer as provided in section 513.57. ❑ (2) Inspection Report. Buyer has received an inspection report by a qualified third -party. If a copy of the inspection report is provided to Seller, Seller shall disclose to Buyer material facts known to Seller that contradict any information in the inspection report. Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. (a) Except as provided in paragraph (b), a seller is not required to disclose information relating to the physical condition of the real property if a written report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this paragraph, "qualified third party" means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the third parry in order to prepare the written report. (b) A seller shall disclose to the prospective buyer material facts known by the seller that contradict any information included in a written report under paragraph (a) if a copy of the report is provided to the seller. ® (3) Waiver of Disclosure. Minnesota Statutes Section 513.60. WAIVER The written disclosure required under sections 513.52 to 513.60 may be waived if the seller and the prospective buyer agree in writing. Waiver of the disclosure required under 3 sections 513.52 to 513.60 does not waive, limit, or abridge any obligation for seller disclosure created by any other law. Seller and Buyer waive the written disclosure required under sections 513.52 to 513.60. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITYrQF NEW HOPE SELLER: � �5 (e CZ 3-- a - oYBY: Jose A. Mendez W. P er Enck Z dent - W, SELLER: BY: aniel J. D n hue, Executive Director Other than the warranties and representations made in this paragraph 10, the property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. (This paragraph is not intended to waive or limit any provisions of Minn. Stat., Chapter 327A.) 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. 12. TRUTH -IN- HOUSING. Buyer acknowledges receipt of the Truth -in- Housing Disclosure Report or other inspection report if required by the municipality in which the real property is located. 13. POSSESSION. Seller shall deliver possession of the property not later than the Date of Closin but subiec to any access agreement entered into by tbe parties. Seller agrees to nay all interest, f el e ' li "ia petfel°•• -°• g and all charges for city water, city sewer, electricity, and natural gas through and including shall be prerated betweeft the ..aAie. ° � DateofClosing. *SEE ADDITIONAL TERMS 14. EXAMINATION OF TITLE. To demon -gate that Seller's title is gaed- ...d .. n tubl , fr-R. a h . 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. 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 marketable, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. 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 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: 4 (1) Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or (b) Undertake proceedings to correct the objections to title; (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid shall be refunded to Buyer; (3) Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; (4) Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: (1) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; (2) Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable lawyer's fees; (2) Seek specific performance within six months after such right of action arises. 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 17. 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 19. WELL DISCLOSURE. [Check one of the following) ❑ Seller certifies that Seller does not know of any wells on the real property. ® Wells on the real property are disclosed by Seller on the attached Well Disclosure Form. 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. [Check either A or B] A. 0 Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency (for example, a city or municipal sewer system). B. ❑ Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). [Check either C or DJ C. ❑ Seller does not know if there is an abandoned individual sewage system on the property. D. ® Seller knows that there [strike one]: afefare no abandoned individual sewage treatment systems on the property. If Seller discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires that the location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure oflndividual Sewage Treatment System with map completed.] 21. LEAD PAINT DISCLOSURE. [Check one of the following) ❑ Seller represents that the dwelling was constructed on the real property in 1978 or later. ® Seller represents that the dwelling was construed on the real property before 1978. (If such housing is located on the real property, attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 ".) 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form 116 -M, 117 - M, or 118 -M] Affidavit of Seller. 24. CLOSING. Closing shall be at the eff of Sell° s n.. ^ fide insufer, er at seme other naut u r agfeeable [State other location]: New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota 55428. 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: *Buyer shall obtain, at Buyer's expense, a Commitment for an Owner's Policy of Title Insurance on a current ALTA form issued by an insurer licensed to write title insurance in Minnesota.. Buyer shall be responsible for payment of those costs necessary to prepare such Commitment, including but not limited to abstracting fees, name search fees, service charges, etc. Buyer shall pay the premium for the Owner's Policy of Title Insurance. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be 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 Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. 26. ADDENDA. Attached are 4 addenda which are made a part of this Purchase Agreement. 27, TIDIE IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 28. MULTIPLE ORIGINALS. Seller and Buyer have signed 3 originals of this Purchase Agreement. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING CONSTULT 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 I agree to purchase the property for the price and and conditions sett' forth above. terms and conditions set forth above. Date: March l 7 , 2004. _ \ . AND FOR THE CITY OF NEW HOPE Jose A. Mendez Date: Marsh 2004. SSN: W. Peter Enck, President 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form 116 -M, 117 - M, or 118 -M] Affidavit of Seller. 24. CLOSING. Closing shall be at the eff of Sell° s n.. ^ fide insufer, er at seme other naut u r agfeeable [State other location]: New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota 55428. 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: *Buyer shall obtain, at Buyer's expense, a Commitment for an Owner's Policy of Title Insurance on a current ALTA form issued by an insurer licensed to write title insurance in Minnesota.. Buyer shall be responsible for payment of those costs necessary to prepare such Commitment, including but not limited to abstracting fees, name search fees, service charges, etc. Buyer shall pay the premium for the Owner's Policy of Title Insurance. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be 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 Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. 26. ADDENDA. Attached are 4 addenda which are made a part of this Purchase Agreement. 27, TIDIE IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 28. MULTIPLE ORIGINALS. Seller and Buyer have signed 3 originals of this Purchase Agreement. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING CONSTULT 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 I agree to purchase the property for the price and and conditions sett' forth above. terms and conditions set forth above. Date: March l 7 , 2004. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE Jose A. Mendez Date: Marsh 2004. SSN: W. Peter Enck, President Date: M , 2004. By_ Daniel J. Donahue, Executive Director This Purchase Agreement was prepared by: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 Others who will assist Seller or Buyer with this transaction: Lawyer for Buyer Steven A. Sondrall, #103391 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, Minnesota 55428 (763) 424 -8811 Listing Agent and Broker for this transaction are N/A Selling Agent and Broker for this transaction are N/A Buyer's Title Insurer Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, Minnesota 55401 [1994; Rev. 1996; Rev. 1997; Rev. 20021 PAAtt—yVU\I -Client FoldetslCI*1\99- 112901001- Residential PA.doe ADDITIONAL TERMS RELATING TO PURCHASE AGREEMENT FOR 5512 WINNETKA AVENUE NORTH Buyer acknowledges that it shall be responsible for payment of the State Deed Tax due on the sale of the above property, as well as the cost of securing a title commitment as set forth in the Purchase Agreement. Buyer will also be responsible for all other closing costs, specifically including all recording costs and all costs to seal the water well on the property. Buyer acknowledges that relocation assistance benefits as determined by Evergreen Land Services Company will be paid to the Seller, as required by law, and the differential payment on the purchase of a replacement property resulting from the sale of the subject property shall not exceed the sum of $42,900.00. Seller acknowledges and agrees the determination of moving expenses and closing costs by Evergreen Land Services Company shall be binding on both parties. SELLER: Dated: March 2_ -) , 2004. Dated: March 2004. Dated: March 2004. Jose A. Mendez BUYER: THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By: W. Peter Enck Its: President „ By: '4 Daniel J. Donahue Its: Executive Director PAAW—y \SAS \i CUM Filest2 City of New Hop.W9.I1290(Mendu)TA addendum dosing costs diff pmt.doc Miller /Davis Co. 0 St. Paul, MN 651 -642 -1988 ,ill ®CS" Form 1519Y ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2000, Minnesota Association of REALTORS @), Edina, MN Date March 2004 Page Addendum to Purchase Agreement between parties dated March Y 2004, pertaining to the purchase and sale of the property at 5512 Winnetka Avenue North, New Hope, Minnesota 55428 Section 1: Lead Warning Statement Every purchaser of any interest in residential 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 place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is 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 forpossible lead- basedpaint hazards is recommendedprior to purchase. Seller's Disclosure (initial) (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. (b) Records and reports available to the seller (check one below): Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing (list documents below). �✓ Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. Purchaser's Acknowledgment (initial) (e) Purchaser has received copies of all information listed under (b) above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards (If checked, see Section II below); or ® Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead/based paint hazards. Real Estate Licensee's Acknowledgment (initial) (f) Real estate licensee has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is ware of licensee's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. ri"Il$ C 0194144'1 Jose A. Mendez 9conornic Development Authority in and for the City of New Hope Seller Date Purchaser Date By: W. P er E k, Pres9dent Economic Development Authority in and for the City of New Hope Seller Date Purchaser Date By: Daniel J. Donahue, Executive Director Real Estate Licensee Date Real Estate Licensee Date lion II: Contingency (Initial only if first box under Purchaser's Acknowledgment letter (e) above is check ,)- is contract is contingent upon a risk assessment or an inspection of the property for the presence of le paint and/or lea - aint hazards to be conducted at the purchaser's expense. The assessment or inspection a completed within ten (10)( endar days after acceptance of the Purchase Agreement. This co cy shall be deemed removed, and the the_f}gr J @g�,pemen e in full force and effect, unless purchaser or state licensee assisting or acting on behalf of purchaser delivers to seller or rea licensee assisting or acti ehalf of seller within three (3) calendar days after the assessment or inspection is timely complete en li specific deficiencies and the corrections required, together with a copy of any risk assessment or inspection re o e and purchaser have not agreed in writing within three (3) calendar days after delivery of the written list uired corrections that: me or all of the required corrections will be made; or (B) the purchaser waives the ncies; or (C) an adjustment to the purc a e will be made, the Purchase Agreement shall automatically b ed null and void, and all earnest money shall be refunde urchaser. It is understood that the punch ay unilaterally waive deficiencies or defects, or remove this contingency, prove at the purchaser or the real ate licensee assisting or acting on behalf of purchaser notifies the seller or real estate licensee assistln cling on behalf of seller of the waiver or removal in writing within the time specified. TLX:SALE (9/00) WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller /Davis Co. O St. Paul, MN 651 -642 -1988 #AW#CS Form 151 9W (Rev. 10 /03) WELL DISCLOSURE STATEMENT This form approved by the Minnesota Association of REALTORSO, which disclaims any liability arising out of use or misuse of this form. © 2003, Minnesota Association of REALTORS@, Edina, MN 1. Date March 2004 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Minnesota Statutes Sec. 1031.235 requires that before signing an agreement to sell or transfer real property, Seller 5. must disclose information in writing to the Buyer about the status and location of all known wells on the property. This 6. requirement is satisfied by delivering to the Buyer either a statement by the Seller that the Seller does not know of 7. any wells on the property, or a disclosure statement indicating the legal description and county, and a map showing 8. the location of each well. In the disclosure statement the Seller must indicate, for each well, whether the well is in 9. use, not in use or sealed. 10. Unless the Buyer and Seller agree to the contrary, in writing, before the closing of the sale, a Seller who fails to 11. disclose the existence or known status of a well at the time of sale and knew or had reason to know of the existence 12. or known status of the well, is liable to the Buyer for costs relating to sealing of the well and reasonable attorney fees 13. for collection of costs from the Seller, if the action is commenced within six years after the date the Buyer closed the 14. purchase of the real property where the well is located. 15. Legal requirements exist relating to various aspects of location and status of wells. Buyer is advised to contact the 16. local unit(s) of government, state agency, or qualified professional which regulates wells for further information about 17. these issues. 18. Instructions for completion of this form are on the reverse side. 19. PROPERTY DESCRIPTION 20. Street Address 5512 Winnetka Avenup North, New Hone 55428 Hennepin City Zip County 21 • LEGAL DESCRIPTION: That part of the West 10 acres of h Southwest Quarter of the Southwest Quarter of Section 5 22. Township 1 18 Range 21 West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the_Sojjtb 23. 760 feet front and rear being a part off of 19 Auditor's Subdivision Nu mber 29.6 Hennepin County Minnesota 24. 25. WELL DISCLOSURE STATEMENT 26. (Check the appropriate box.) 27. ❑ The Seller certifies that the Seller does not know of any wells on the above described real property. 28. (If this option is checked, then skip to the last line and sign and date this statement.) 29. The Seller certifies that the following wells are located on the above described property. 30. MN Unique Well Year of Well IN USE NOT IN SEALED 31. Well No. Depth Const. Type USE 32. Well 1 V�ti ° n Jr1(G d+u6� h/L5 /it, ❑ ❑ /❑ 33. Well ❑ ❑ 34. Well 3 ❑ ❑ ❑ 35. NOTE: See definition of terms "IN USE," "NOT IN USE," and "SEALED" on lines 83 -92. if a well is not in use, 36. it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the 37. Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 38. transferable. If a well is operable and properly maintained, a maintenance permit is not required. 39. OTHER WELL INFORMATION 40. Date well water last tested for contaminants: _ Test results attached? Yes@ No= 41. Comments: 42. Contaminated Well: Is there a well on or serving the property containing contaminated water? Yes= No= 43. SEALED WELL INFORMATION 44. For each well designated as se d above, comple this section �,� 45. When was the well sealed? Yta � v /`, n v 46. Who sealed the well? Ale- Affal" v.r,494 47. Was a Sealed Well Report filed with the Minnesota Department of Health? Yes No= 48. MAP 49. Complete the attached MAP showing the location of each well on the real property. 50. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any 51. party /ies in this transaction, and is not a substitute for any inspections or warranties the party /ies may wish to obtain. 52. CERTIFICATION BY SELLER 53. 1 certify that the information ` provided above is accurate and complete to the best of my knowledge. Jose A. Mendez (Seller or Designated Representative) (Date) (Seller or Designated Representative) (Date) 55. BUYER'S�IkC OWLEDGMENT 67' 3/2� W. Peter Enek, President, New Hope EDA Daniel J. Donahue, Executive Director, New Hope EDA (Buyer) (Date) (Buyer) (Date) 57. MN -WDS -1 (10/03) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. WELL DISCLOSURE STATEMENT 58. Page 2 of Pages. 59. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 60, DEFINITION 61. A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the 62. excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. 63. MINNESOTA UNIQUE WELL NUMBER 64. All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well number by 65. the person constructing the well. If the well was constructed after this date you should have the unique well number in 66. your property records. If you are unable to locate your unique well number and the well was constructed AFTER 67. January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and 68. year of construction for each well. 69. WELL TYPE 70. Use one of the following terms to describe the well type. 71. WATER WELL: A water well is any type of well used to extract groundwater for private or public use. Examples of 72. water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal wells. 73. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large 74. diameter wells connected to a large pressure distribution system. 75. MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is typically 76. used to access groundwater for the extraction of samples. 77. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for construction or 78. use of underground spaces. 79. INDUSTRIAUCOMMERCIAL WELL: An industrial /commercial well is a nonpotable well used to extract 80. groundwater for any nonpotable use including groundwater thermal exchange wells (heat pumps and heat loops). 81. WELL USE STATUS 82. Indicate the use status of each well. CHECK ONLY ONE (1) BOX PER WELL. 83. IN USE: A well is "in use" if the well is operated on a daily, regular, or seasonal basis. A well in use includes a well 84. that operates for the purpose of irrigation, fire protection, or emergency pumping. 85. NOT IN USE: A well is "not in use" if the well does not meet the definition of "in use" above and has not been 86. sealed by a licensed well contractor. 87. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 88. throughout the entire bore hole after removal of any obstructions from the well. A well is "capped" if it has a metal 89. or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry into the well. A 90. "capped" well is not a "sealed" well. 91. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, 92. check the well status as not in use. 93. If you have any questions, please contact the Minnesota Department of Health, Well Management Section at (651) 94. 215 -0819 (metropolitan Minneapolis -St. Paul) or 1- 800 - 383 -9808 (greater Minnesota). 95. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller/Davis Co. © St. Paul, MN 651.642 -1988 Form 1519SS (Rev. 8/02) PRIVATE SEWER SYSTEM DISCLOSURE This form approved by the Minnesota Association of REALTORS ®, which disclaims any liability arising out of use or misuse of this form. © 2002, Minnesota Association of REALTORS®, Edina, MN 1. Date March 2004 _ -..... 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 5512 Winnetka Avenue North 5. in the City of New Hope County of Hennepin State of Minnesota legally described as follows or 6. attached sheet (the "Property ") SEE. ATTACHED LECTAL DESCRIPTION 7. 8. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any Party(s) in this 9. transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 1o. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS 11. OF THE SEWER SYSTEM AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN 12, BUYERS) AND SELLER(S) WITH RESPECT TO ANY ADVICEIINSPECTION /DEFECTS. 13. SELLER'S INFORMATION: The following Seller disclosure satisfies MN. Statutes Chapter 115.55. The Seller discloses the 14. following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information 15. in deciding whether and on what terms to purchase the Property. The Seller(s) authorizes any Agent(s) representing any party(s) 16. in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of 17. the Property. 18. Unless the Buyer and Seller agree to the contrary in writing before the closing of the sale, a Seller who fails to disclose the 19. existence or known status of an individual sewage treatment system at the time of sale, and who knew or had reason to know of 20. the existence or known status of the system, is liable to the Buyer for costs relating to bringing the system into compliance with 21. individual sewage treatment system rules and for reasonable attorney fees for collection of costs from the Seller. An action under 22. this subdivision must be commenced within two years after the date on which the Buyer closed the purchase of the real property 23. where the system is located. 24. Legal requirements exist relating to various aspects of location and status of individual sewage treatment systems. Buyer is 25. advised to contact the local unit(s) of government, state agency or qualified professional which regulates individual sewage 26. treatment systems for further information about these issues. 27. The following are representations made by the Seller(s) to the extent of the Seller(s) actual knowledge. This information is a 28. disclosure and is not intended to be part of any contract between the Buyer and Seller. 29. PRIVATE SEWER SYSTEM DISCLOSURE (CHECK THE APPROPRIATE BOX.) 30. � The Seller certifies that the Seller does not know of any private sewer system on or serving the above described real 31. property. (If this option is checked, then skip to the last line and sign and date this statement.) 32. ❑ The Seller certifies that the following private sewer system is on or serving the above described real property. 33. TYPE (Check appropriate box(es) and indicate location on attached MAP) 34. Septic Tank: [] with drain field El with mound system ❑ seepage tank ❑ with open end 35. Sealed System (holding tank) 36. Other (Describe): 37. Is the sewer system(s) currently in use? Yes No 38. NOTE: If any water use appliance, bedroom or bathroom has been added to the Property, the system may no longer 39. comply with applicable sewage treatment laws and rules. 40. Is the sewer systems) in compliance with applicable sewage treatment system laws and rules? Yes_ No 41. When was the sewer system installed? 42. Installer Name /Phone: 43. Where is tank located? 44. What is tank size? 45. Where is the drain field located? 46. What is the drain field size? _ When was the tank last pumped? How often is tank pumped? 47. Describe work performed to the system since you have owned the Property: 48. 49. Date work performed /by whom: 50. Is sewer system entirely within Property boundary lines, including set back requirements? 51. Is the system shared? How many units on system Annual fee? 52. Comments: 53. On this Property: 54. Approximate number of. people using the sewer system showers /baths taken per week -wash loads per week 55. Distance between well and sewer system: 58. Have you received any notices from any government agencies relating to the sewer system? Yes_ No 57. If "Yes ", see attached notice. MN -PSSD (8102) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Form 1519SS (Rev. 8 /02) PRIVATE SEWER SYSTEM DISCLOSURE 58. Page 2 59. Are there any known defects in the sewer system? Yes_ No 60. If yes, please explain _ 61. 62. 63. R'S STATEMENT: (To be signed at time of listing) 64. 1 f We, Sellers o cknowledge the above Private Sewer System Disclosure and M mg roker to disclose this 65, information to prospective Buyers. (Seller) (Date) (Seller) (Date) 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 68. I/We, the Buyer(s) of the Property acknowledge receipt of the Private Sewer System Disclosure and agree that no representation 69, regarding the condition of the Private Sewer System have been made, other than those made above. LISTING BROKER AND 70. LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN THE 71. PRIVATE SEW R S STEM. 72. (Buyer) W. Peter Enck, Pre ' ent, New Hope EDA (Date) (Buyer) Daniel 1. 5onabue, Executive Director, New Hope EDA (Date) 73. SELLER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 74. AS OF THE DATE OF THE ACCEPTANCE OF THE PURCHASE AGREEMENT, I/We, the Seiler(s) of the above Property, agree 75. that the condition of the private sewer system is the same as noted above, including changes indicated above which have been 76. initialed and dated. A (Seller) (Date) (Seller) (Date) 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller/Davis Co. 0 St. Paul, MN 651 -642 -1988 .i�IOCS Form 1519 MAP (Rev. 7/94) PRIVATE SEWER SYSTEM ANDIOR WELL LOCATION MAP This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. Date March 2Q Q4 Page 1 of Pages 2. Please use the space below to sketch the real property being sold and the location of each _ SEWER SYSTEM _ WELL on the Property. (check all that apply) 3. Include approximate distances from fixed reference points such as streets, buildings and landmarks. 4. Property located at: 5512 Winnetka Avenue North New Hope, Minnesota 55428 � X ATTACH ADDSIe( Eis AS NEEDED 6. Seller and Buyer Initial; Seller(s) �AR'1 Buyers) 7. MN -PSSWM (7/94) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER MLS WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. t I U I Form Approved OUR No. 25024265 * * * (6 JL %, National ** OLD REPUBLIC T A. U.S. DEPARTMENT OF HO DURBAN DEVELOPMENT SETTLEMENT STATEMENT 3/29/2004 2:52:56 PM B. TYPE OF LOAN: 6. FILE NUMBER: 7. LOAN NUMBER: 8. MORTGAGE INSURANCE CASE NO: I. ❑ FHA 2. ❑ FMHA 3. ❑ CONV. UNINS. 4. ❑ VA 5. ❑ CONV.INS. CASH OR1017329 C. NOTE: This form is famished to give you a statement of aetual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(POC)" were paid outside the closing; they are shown here for informational purposes and arc not included in the totals. D. NAME AND ADDRESS OF BORROWER: The Economic Development Auth. in and for City of New Hope E. NAME AND ADDRESS OF SELLER: Jose A. Mendez F. NAME AND ADDRESS OF LENDER: CASH G. PROPERTY LOCATION: 5512 Winnetka Avenue North New Hope,MN 55428 Hennepin County, MN PIN =05 118 21 33 0006 H. SETTLEMENT AGENT: PAULA A. WHITWORTH OLD REPUBLIC TITLE I. SETTLEMENT DATE: 3/29/2004 Payout Date: 3/29/2004 pLACEOFSETTLEMENT: 400 Second Avenue South Minneapolis, MN 55401 -2499 J. SUMMARY OF BORROWER'S TRANSACTION K SUMMARY OF SELLER'S TRANSACTION IM GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 147,000.00 401. Contnctsalesprice 147,000.00 102. Personal property 402. Personalproperty 103. Settlement charges to borrower 1,227.45 403, 104. 404, 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes 406. City/town taxes 107. County Taxes 407. County Taxcs 108. Assessments 408. Assessments 109. 409. 110. 410. Ill. REL /RECONVEYANCE FEE 25.00 411. REL /RECONVEYANCE FEE 25.00 112. FAX FEE 15.00 412. FAX FEE 15.00 120. GROSS AMOUNT DUE FROM BORROWER 148,267.45 420. GROSS AMOUNT DUE TO SELLER 147,040.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit money 501. Excess deposit 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 203. Existing loans) taken subject to 503. Existing loan(s) taken subject m 204. 504. PayoffofFirst Mtg. Prin. Res. Mtg 98,007.23 205. 206. 505. PayoffofSecondMtg. Bremer Bank N 506. 17,568.31 t 207. 507. 208. 508. 209. Escrow Dep. City of New Hope 1,000.00 509 Escrow Dep. City of New Hope 1,000.00 Adjusunents for items unpaid by seller Adjustments for items unpaid by seller 210. City/Town taxes 510. City/town taxes 211. County Taxes 1/01/2004 thr 3/28/2004 266.62 511. County Taxes 1/01/2004 thru 3/28/2004 266.62 212. Assessments 512. Assessments 213. Assess. Certified to 2004 RE 16,02 513. Assess. Certified to 2004 RE 16.02 214. sla. 2M sls. 216. 516. 217. 517. 218. 518. 219. 519. _ 220. TOTAL PAID BY/FOR BORROWER 1,282.64 520. TOTAL REDUCTION AMOUNT DUE SELLER 116,858.18 300. CASH AT SETTLEMENT FROM/TO BORROWER 301. Gross amount due from borrower (line 120) 148,267.45 -- 1 ,282.64 ) 302. less amounts paid bylfor bmmwer (line 220) ( 303. CASH( [X FROM) ( E] TO) BORROWER 146, 984.81 600. CASH AT SETTLEMENT TO/FROM SELLER 601. Gross amount due to seller (line 420) 147,040.00 602. Less reduction in amount due seller (line 520) ( 116,858.18) 603. CASH ( X❑ TO) ( [D FROM) SELLER - 30,181.82 CERTIFICATION I have carefully reviewed the HUD -1 Settlement Statement and to tht best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -I Settlement Statement I/we hereby approve this closing statement and agree to adjust any errors or omissions that may be discovered, including any variations in tax amounts unless expressly set forth herein to the contrary. W . :,v5� Y. Ilctild�Z The Economi Development Jose A. Mendez S At.c in and for City of New Hope 0 - 010101AM0 BORROWERS SELLERS Page I (-mi-d to 2 PaE< ) L. SETTLEMENT CHARGES 700. TOTAL SALES/BROKER'S COMMISSION based on price $147,000.00 @ .000% _ $ FILE: OR1017329 Division of Commission (line 700) as follows: PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT 701. 702 703. Commission paid at settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination fee 801 Loan Discount 803. Appraisal fee 804. Credit Report 805. Londer's inspection fee 806. Mortgage insurance application fee 807. Assumption Fee 808. VA Funding Fee 809. 810. 811. 812. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901, Interest 902. Mortgage insurance premium for 903. Hazard Insurance Premium 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance 1002. Mortgage insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments 1006. 1007. 1008. 1009. 1100, TITLE CHARGES 1101. Settlement or closing fee OLD REPUBLIC TITLE 200.00 1102. Abstract or title search 1103. Title examination 1104. Title insurance binder 1105. Document preparation 1106. Notary fees 1107. Attorney's fees to (includes above item numbers) 1108. Title Insurance OLD REPUBLIC TITLE (includes above item numbers) 1109. Lender's covem e 8 1110. Ofaces covemge $147 , 000.00 $331.65 REISSUfi ull. a x } q�i`' 331.65 c au, v av, + a' �+eWk "ass 1`x'31 7 1112. 1113 COURIER FEE FOR PAYOFF (2) OLD REPUBLIC TITLE 40.00 1114. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES: 1201. Recordingfees: DEED $21.00 RELEASE $40.00 61.00 1202. City /Couny.VStamps 1203. Smmtaxlsmmps Deed: $499.80 499.80 1204, Conservation Fee HENNEPIN COUNTY TREASURER 5.00 1205. Service Char a for Recording OLD REPUBLIC TITLE 60.00 1206. RECORD WELL DISCLOSURE OLD REPUBLI TI TLE 30.00 1300. ADDITIONAL SETTLEMENT CHARGES: 130E Survey 1302. Pest inspection _ 1303. 1304. 1305. 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 Section J and 502 Section K) I 1,227-45 CERTIFICATION The HUD -1 S t 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 state t. 11 l (/ Closing Date: 3/29/2004 G/ t // � Payout Date: 3/29/2004 Settlement Agent pAULA A. WHZTWORTH 11 Dam WARNING: It is a crime to knowingly snake false statements to the United States on this or any other similar form. Penalties upon conviction can include a fmc and imprisonment For Details see: title 18: U.S. Code Section 1001 and Section 1010. orwrotmmnvaoo 3/29/2004 2:52:56 PM Page 2 WARRANTY DEED Individual(s) to Corporation, Partnership or Limited Liability Company STATE DEED TAX DUE HEREON: $499.80 Date: March 29, 2004, FOR VALUABLE CONSIDERATION, Jose A. Mendez, a single person, Grantor, hereby conveys and warrants to the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota; subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances belonging thereto. Check box if applicable: The seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. to I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. A C—S c t�. �I e - L 3- Z E V Jose A. Mendez STATE OF MINNESOTA COUNTY OF HENNEPIN } ss. The foregoing instrument was acknowledged before me this 29 s day of March, 2004, by Jose A. Mendez, a single person, Grantor. PAULA A. WHITWOATH ycom PUBLICsINNESOTA � � / ttyComman Expire Jan. 31,3005 G Notary Public — Check here if part or all of the land is Registered (Torrens) THIS INSTRUMENT DRAFTED BY Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:U.—y\JL611 -C1i— F.1d..%CNH \99-112901064 -WD.da Tax Statements for the real property described in this instrument should be sent to: The Economic Development Authority and in for the City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 2 (Above Reserved For Recording Data) STATE OF MINNESOTA ) ) ss. AFFIDAVIT REGARDING SELLER COUNTY OF HENNEPIN ) Jose A. Mendez, being first duly sworn, on oath says that: 1. He) is the person named as Grantor in the document dated March 29, 2004, and filed for record 2004, as Document No. in the office of the County Recorder of Hennepin County, Minnesota. 2. Said person is of legal age and under no legal disability with place of business, at 4!u YP,'/If<, , and for the last ten (10) years has resided at: 5512 Winnetka Avenue North, New'� Minnesota 55428 - () years has resided at: 3. The social security number of said person is: 605 -66 -3401. 4. There have been no: a. Bankruptcy, divorce or dissolution proceedings involving said person during the time period in which said person has had any interest in the premises described in the above document ( "Premises "). b. Unsatisfied judgments of record against said person, nor any actions pending in any courts which affect the Premises. C. Tax liens filed against said person. 5. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names, during the time period in which the above -named person has had any interest in the Premises, are not against the above -named person. 6. Any judgments or tax liens of record against parties with the same or similar names are not against the above -named person. 7. There has been no labor or materials furnished to the Premises for which payment has not been made. 8. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises. 9. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document. 10. There are no encroachments or boundary line questions affecting the Premises of which Affiant has knowledge. 11. This Affidavit is made as respects the following described property: That part of the West 10 acres of the Southwest .Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. Affiant knows the matters herein stated are true and makes this Affidavit for the purpose of inducing the passing of title to the Premises. Subscribed and sworn to before me this 29` day of March, 2094: Notary Drafted By: JENSEN At SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: M.— yULDII- Client Fold— \CNH\99- 11290 \005 - S0lers Affiblii.do } " * �,)e5c h, Oc.dam y 3 .- - 2 y Jose A. Mendez (Notarial Stamp or Seat) r PAULA A. WHITWORTH e NOTARY PUBLIC•lAINNESOTA R)CemssronEmnss ; ac3t,20CS 2 MINNESOTA° REVENUE Certificate of Real Estate Value PE20 Names of buyers (last, first, MI) Address Yr Bit Daytime phone Economic Development Authority in 4401 Xylon Avenue North ( ) anr9 fCT,r NPw Hope New Hope MN 55428 763 531 -5100 Names of sellers (last, first, MI) New atldr s� J &.N n,. Daytime phone s' 7 Mendez, Jose A /3 & �� jJ f �R�i /Q /YI/G js'3 /, ) ) "7 Street address or rural route of property purchased City or townshi contracts- for -deed and assumed mortgages) County Legal description of property purchased (lot, block and plat) or attach 3 copies of the legal description Financial arrangements L. total purchase price Was personal property included in purchase price (e.g., furniture, inventory, equipment)? $147, ❑ Yes ® No If yes, list property and $ 3. Down payment current (not replacement) value at right, and enter $ $147,000.00 total in Box 5 below, Use back of form if needed. $ 4. Points or prepaid interest paid by seller 5. Current value of personal property $ N/A N/A $ 6. Type of acquisition (check all that apply) ❑ Buyer and seller are relatives or related businesses ❑ Contract paid off or resold ❑ Property received in trade El Buyer or seller is religious or charitable organization El Name added or removed from deed ❑Purchase agreement signed over two years ago aBuyer or seller is unit of government ❑ Property condemned or foreclosed upon i^- Buyer purchased partial interest only ❑ Property received as gift or inheritance 7. Type of property transferred (check all that apply) ❑ Land only }Land and buildings ❑ Construction of new building after Jan. 1 of year of sale Yr Bit 8. Planned use of property (check one) Yr land XE Residential: single family ❑ Agricultural. Number of acres: (attach Schedule PE20A). ,_j Residential: duplex, triplex El Apartment (residential, four or more units). Number of units: (attach Schedule PE20A). ❑ Cabin or recreational (noncommercial) ❑ Commercial - industrial. Type of business: (attach Schedule PE20A). Deed ❑ other. Describe: (attach Schedule PE20A). 8a. Will this property be the buyer's principal residence? ❑ Yes 2No Good for study ❑ Yes CI, No if no, give reason /code Method of financing (complete only if seller- financed, including contracts- for -deed and assumed mortgages) ST Assumed Contract Mortgage or contract - for -deed Monthly payment Interest rate Number of Date of any lump - mortgage for deed amount at purchase (principal & interest) now in effect payments sum (balloon) payments 9. I ❑ GA IC 10. ❑ ❑ My 2 here. I declare under penalty of law that the information on this form is true, correct and complete to the best of my knowledge and belief. ame A Si lure Date Da ime phone .l,1 aid 3 7l Cnunties- Cmmnlete thie —+inn 0 ° o 8 ICo M Co T Yr Bit SD Yr land Bldg Tot Primary property ID number Secondary parcel ID number b c. tl. I Are there more parcels? [I Yes [IN. Put additional ID numbers on back of form. Acres Tillable CER CRP RIM Use Deed Yr Lantl blog Tot Good for study ❑ Yes CI, No if no, give reason /code Ix II 4 HC I ST Adjc Adis Use Tillable EMV Apt PM GA IC 1 My 2 MV 10 Co ICT PT I Date T M S JEPAR i i — I OF GE'Er „ rl` 11. Buyer's Social Security numbers 12. Seller's Social Security numbers ° o (or Minnesota or federal ID numbers) (or Minnesota or federal numbers 1 TIN: 41- 6008870 1 z 2 2 N 3 3 DEPARTMENT OF REVENUE COPY 72960 .,. r