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HomeMy WebLinkAbout14-095CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 14-95 RESOLUTION APPROVING THE ACQUISITION OF REAL PROPERTY AND DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION OF DISPOSAL OF PROPERTY WHEREAS, the City is proposing to acquire certain property ("Property") legally described in the purchase agreement attached as Exhibit "A," under the terms of the proposed purchase agreement between Roger L. Martin and Rebekah A. Martin ("Sellers") and the City of Lakeville ("Purchase Agreement"), and; WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the City's proposed acquisitions and dispositions of property, and; WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning Commission review requirement upon 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition or disposal of the property has no relationship to the comprehensive municipal plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: 1. The City Council finds that the acquisition of the Property under the Purchase Agreement has no relationship to the comprehensive municipal plan. 2. Review by the Planning Commission of the acquisition of the Property is hereby dispensed with, the proposed transaction is hereby approved, and the Mayor and City Clerk are authorized and directed to execute all documents, and take all appropriate measures to convey the Property under the terms of the Purchase Agreement. ADOPTED this 20th day of October, 2014, by a 2/3 vote of the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: MakLittlel M r ATTEST: T Charlene Friedges, CiVIerk 175847v1 RVA4MC PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORSo, ADVANTAGE PLUS which disclaims any liability arising out of use or misuse of this form. ® 2014 Minnesota Association of REALTORS•, Edina MN 1. Date 9/5/2014 2. Page 1 of 7 3. BUYER (S): - - City of Lakeville 4. 5. Buyer's earnest money in the amount of 6. one Thousand Dollars ($ 1.000.00 ) 7. shall be delivered to listing broker no later than two (2) Business Days after Final Acceptance Date of this Purchase 8. Agreement. Buyer and Seller agree that listing broker shall deposit any earnest money in the listing broker's trust 9. account within three (3) Business Days of receipt of the earnest money or Final Acceptance Date of this Purchase 10. Agreement, whichever is later. 11. Said earnest money is part payment for the purchase of the property located at 12. Street Address: 19740 Kenwood Tri 13. City of Lakeville , County of Dakota 14. State of Minnesota, legally described as 15 Legal description to conform with above address. 16. 17. Said purchase shall include all improvements, fixtures, and appurtenances on the property, if any, including but not 18. limited to, the following (collectively the "Property"): garden bulbs, plants, shrubs, trees, and lawn watering system; 19. shed; storm sash, storm doors, screens and awnings; window shades, blinds; traverse, curtain, and drapery 20. rods, valances, drapes, curtains, window coverings and treatments; towel rods; attached lighting and bulbs; fan fixtures; 21. plumbing fixtures; garbage disposals; water softener; water treatment system; water heating systems, heating systems; 22. air exchange system; radon mitigation system; sump pump; TV antenna/cable TV jacks and wiring/TV wall mounts; 23. wall/ceiling-mounted speakers and mounts; carpeting; mirrors; garage door openers and all controls; smoke detectors; 24. fireplace screens, door and heatilators; BUILT-INS: dishwashers; refrigerators; winelbeverage refrigerators; trash 25. compactors; ovens; cook -top stoves; warming drawers; microwave ovens; hood fans; shelving; work benches; Intercoms; 26. speakers; air conditioning equipment; electronic air fitter; humidifier/dehumidifier; liquid fuel tanks (and controls); 27. pool/spa equipment; propane tank (and controls); security system equipment; TV satellite dish; AND the following 28. personal property shall be transferred with no additional monetary value, and free and dear of all liens and encumbrances: 29. 30. 31. Notwithstanding the foregoing, leased fixtures are not included. 32. Notwithstanding the foregoing, the following Item(s) are excluded from the purchase: 33. 34. 35. Seller has agreed to sell the Property to Buyer for the sum of ($ 260.000.00 36. Two Hundred sixty Thousand Dollars, 37. which Buyer agrees to pay in the following manner: 38. 1. CASH of loo percent (%) of the sale price, or more in Buyer's sole discretion, which includes the earnest 39. money; PLUS 40. 2. FINANCING of percent (%) of the sale price, which will be the total amount secured against this 41. Property to fund this purchase. 42. Such financing shall be (check one) ❑ a first mortgage; ❑ a contract for deed; or ❑ a first mortgage with 43. subordinate financing, as described in the attached Addendum: 44. ❑ Conventional ❑ FHA ❑ DVA ❑ Assumption ❑ Contract for Deed ❑ Other: 45. The date of closing shall be 11/1.4 2014 p{� c2r be -f a r--., MN:PA-1 (8114) RV.A4�Xa, ftt ADVANTAGE PLUS PURCHASE AGREEMENT 46. Page 2 Date 9/5/2014 47. Property located at 19740 Kenvood Trl Lakeville Nq 55044 48. This Purchase Agreement ❑ IS Q IS NOT subject to an Addendum to Purchase Agreement. Sale of Buyer's Property --(Cheek on0--- 49. Contingency for sale of Buyer's property. (If answer is IS, see attached Addendum.) 50. (If answer is 1S NOT, the closing of Buyer's property, if any, may still affect Buyer's ability to obtain financing, if financing 51. is applicable.) 52. This Purchase Agreement ❑ IS © IS NOT subject to cancellation of a previously written purchase agreement --(Cheat 53. dated dated , 20 _ . (If answer is IS, said cancellation shall be obtained no later than 54• 20 . 0 said cancellation is not obtained by said date, this Purchase Agreement 55, is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreementconfirming said cancellation 56. and directing all earnest money paid hereunder to be refunded to Buyer.) 57. Buyer has been made aware of the availability of Property inspections. Buyer ❑ Elects Q Declines to have a ----- 68. Property inspection, performed at Buyer's expense. (Greck one.)---•.-•--.- 59. This Purchase Agreement ❑ iS Q IS NOT subject to an Addendum to Purchase Agreement., Inspection Contingency. 60. (if answer Is IS, see attached Addendum.) 61. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a (check one): 62. Q Warranty Deed, ❑ Personal Representative's Deed, ❑ Contract for Deed, ❑ Trustee's Deed, or 63. ❑ Other: Deed joined in by spouse, if any, conveying marketable title, subject to 64. (a) building and zoning laws, ordinances, and state and federal regulations; 65. (b) restrictions relating to use or Improvement of the Property without effective forfeiture provisions; 66. (c) reservation of any mineral rights by the State of Minnesota; 67. (d) utility and drainage easements which do not interfere with existing improvements; 68. (e) rights of tenants as follows (unless specified, not subject to tenancies): 69. ;and 70. (f) others (must be specified In writing): 71. 72. REAL ESTATE TAXES: Seller shall pay on the date of closing all real estate taxes due and payable in all prior years 7& including all penalties and interest. 74. Buyer shall pay Q PRORATED FROM DAY OF CLOSING ❑ 12ths OF ❑ ALL [] NO real estate taxes due 75. and payable in the year 20 14 76. Seller shall pay Q PRORATEDTO DAY OF CLOSING ❑ 12ths OF ❑ ALL 0 NO real estate taxes due and ----.--•----------(c7kedc 77. payable payable in the year 20 14 If the closing date Is changed, the real estate taxes paid shall, If prorated, be adjusted 78. to the new closing date. If the Property tax status is a part- or non -homestead classification in the year of closing, Seller 79. Q SHALL ❑ SHALL NOT pay the difference between the homestead and non -homestead. (check one.}- -- - 80. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which 81. is not gthenvise herein provided. No representations are made concerning the amount of subsequent real estate taxes. 82. DEFERRED TAXES/SPECIAL ASSESSMENTS: 83. ❑ BUYER SHALL PAY R) SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green (Checko+�e.}- - 84. Acres) or special assessments, payment of which Is required as a result of the closing of this sale. 85. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ❑ SELLER SHALL PAY ON (CheCk one.)- 86. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 87. payable in the year of closing. MKPA-2 (8/14) RV,A4W.6'** PURCHASE AGREEMENT ADVANTAGE PLUS $8. Page 3 Date 9/5/2014 89. Property located at 19740 Kenwood Trl Lakeville MR 55044 90. © BUYER SHALL ASSUME ❑ SELLER SHALL PAY on date of closing all other special assessments levied as - -- (Check one.}------- ___._» » » -- 91. of the date of this Purchase Agreement. 92. {K BUYER SHALL ASSUME ❑ SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as (check 93. of the date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller's 94. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments 95, or less, as required by Buyer's lender.) 96. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of 97. which is not otherwise herein provided. 98. As of the date of this Purchase Agreement, Seller represents that Seller [] HAS © HAS NOT received a notice (Cheat om"0 -.-. . 99. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 100. against the Property. Any such notice received by Seller after the date of this Purchase Agreement and before closing 101. shall be provided to Buyer immediately. if such notice is issued after the date of this Purchase Agreement and on 102. or before the date of closing, then the parties may agree In writing, on or before the date of closing, to pay, provide 103. for the payment of or assume the special assessments. in the absence of such agreement, either party may declare 104. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 105. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 106. Buyer and Seller shall Immediately sign a Cancellation of Purchase Agreement confirming said cane a and 107. directing all earnest money paid hereunder to be refunded to Buyer, 108. POSSESSION: Seller shall deliver possession of the Property no later than ilrunediately after Dosing 109. Seiler agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREkoomthe Property 110. by possession date. 111. PRORATIONS: All interest; unit owners' association dues; rents; and charges for city water, city sewer, electricity and 112. natural gas shall be prorated between the parties as of slate of closing. Buyer shall pay Seller for remaining gallons of 113. fuel oil or liquid petroleum gas on the day of dosing, at the rate of the last fill by Seiler. 114. TITLE AND EXAMINATION: As quickly as reasonably possible after Final Acceptance Date of this Purchase Agreement: 115. (a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy for the Property, it 116. in Setter's possession or control, to Buyer or Buyer's designated title service provider; and 117. (b) Buyer shall obtain the title services determined necessary or desirable by Buyer or Buyer's lender, including 118. but not limited to title searches, title examinations, abstracting, a title insurance commitment or an attorney's 119. title opinion at Buyer's selection and cost and provide a copy to Seller. 120. Seller shall use Seller"s best efforts to provide marketable title by the date of closing. Seller agrees to pay all costs 121. and fees necessary to convey marketable title including obtaining and recording all required documents, subject to the 122. following: 123. In the event Seller has not provided marketable title by the date of closing, Seller shall have an additional 30 days to 124. make title marketable, or in the alternative, Buyer may waive title defects by written notice to Seller. In addition to 125. the 30 -day extension, Buyer and Seller may, by mutual agreement, further extend the closing date. Lacking such 126, extension, either party may declare this Purchase Agreement canceled by written notice to the other party, or 127. licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. It either 128, party declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a Cancellation of 129. Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded 130. to Buyer. 131. SUBDIVISION OF LAND, BOUNDARIES, AND ACCESS: If this sale constitutes or requires a subdivision of land 132. owned by Seller, Seller shall pay ail subdivision expenses and obtain all necessary governmental approvals. Seller 133. warrants that the legal description of the real property to be conveyed has been or shall be approved for recording as 134. of the date of dosing. Seller warrants that the buildings are or shall be constructed entirety within the boundary lines 135. of the Property. Seller warrants that there is a right of access to the Property from a public right-of-way. 136. MECHANIC'S LIENS: ,Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, 137. machinery, fixtures or tools furnished within the 120 days Immediately preceding the closing in connection with 138. construction, alteration or repair of any structure on, or improvement to, the Property. WPA-3 (8/14) R EIA 4 0 Wa, PURCHASE AGREEMENT ADVANTA40E PLUS 139. Page 4 Date 9/5/2014 140. Property located at 19740 Kenwood Trl Lakeville W 55044 141, NOTICES: Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 142. proceedings, or violation of any law, ordinance or regulation. If the Property is subject to restrictive covenants, Seller -143. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any 144. such notices received by Seiler shall be provided to Buyer immediately. 145. DiMENSIONS: Buyer acknowledges any dimensions, square footage or acreage of land or improvements provided 146. by Seller, third party, or broker representing or assisting Seiler are approximate. Buyer shall verify the accuracy of 147. information to Buyer's satisfaction, if material, at Buyer's sole cost and expense. 148. ACCESS AGREEMENT: Seller agrees to allow reasonable access to the Property for performance of any surveys or 149. inspections agreed to herein. 150. RISK OF LOSS: if there is any loss or damage to the Property between the date hereof and the date of closing for any 151. reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. if the Property 152. is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's option, 153. by written notice to Seiler or licensee representing or assisting Seller. if Buyer cancels this Purchase Agreement, 154. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 155. directing all earnest money paid hereunder to be refunded to Buyer. 156. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement, 157. CALCULATION OF DAYS: Any calculation of days begins on the first day (calendar or Business Days as specified) 158. following the occurrence of the event specified and includes subsequent days (calendar or Business Days as specified) 159. ending at 11:59 P.M. on the last day. 160. BUSINESS DAYS: "Business Days" are days which are not Saturdays, Sundays or state or federal holidays unless 161. stated elsewhere by the parties in writing. 162. RELEASE OF EARNEST MONEY: Buyer and Seller agree that the listing broker shall release earnest money from the 163. listing broker's trust account: 1) at or upon the successful closing of the Property; 2) pursuant to written agreement '164. between the parties, which may be reflected In a Cancellation of Purchase Agreement executed by both Buyer and 165. Seller; 3) upon receipt of an affidavit of a cancellation under MN Statute 559.217; or 4) upon receipt of a court order. 166. DEFAULT If Buyer defaults in any of the agreements herein, Seller may cancel this Purchase Agreement, and any 167. payments made hereunder, including earnest money, shall be retained by Seller as liquidated damages and Buyer 168. and Seller shall affirm the same by a written cancellation agreement. 169. If Buyer defaults in any of the agreements hereunder, Seller may terminate this Purchase Agreement under the 170, provisions of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable. It either Buyer or Seller defaults 171. in any of the agreements hereunder or there exists an unfulfilled condition after the date specified for fulfillment, either 172. party may cancel this Purchase Agreement under MN Statute 559.217, Subd. 3. Whenever it is provided herein that 173. this Purchase Agreement is canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation 174. under MN Statute 559.217, Subd. 4. 175. If this Purchase Agreement is not canceled or terminated as provided hereunder, Buyer or Seller may seek actual 176. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to 177. specific performance, such action must be commenced within six (6) months after such right of action arises. 178. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 179. ESTABLISH THAT THE PROPERTY IS iN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 180. THIS PURCHASE AGREEMENT. 181. BUYER HAS RECEIVED A (check any that apply): ❑ DISCLOSURE STATEMENT SELLER'S PROPERTY OR A 182. Q DISCLOSURE STATEMENT,- SELLER'S DISCLOSURE ALTERNATIVES FORM. 183. DESCRIPTION OF PROPERTY CONDITION: See Disclosure Statement: Seller's Property or Disclosure Statement: 184. Seller's Disclosure Alternatives for description of disclosure responsibilities and limitations, if any. 185. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REOUIRED BY MUNICIPALITY. 1 B6. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OF THE PROPERTY 187. AND ITS CONTENTS. mrv:rrrs tat 14) RV,,A4PApt ADVANTAGE PLUS PURCHASE AGREEMENT 188. Page 5 Date 9/5/2034 189. Property located at 19740 Kenwood Tri Lakeville MN 55044 190. (Check appropriate boxes.) 191. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 192. CITY SEWER (@ YES 0 NO / CITY WATER ©YES ❑ NO 193. SUBSURFACE SEWAGE IREATMENTSYSTEM 194. SELLER ❑ DOES �}t DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR -_(Ch6i*_}._..._ _ 195. SERVING THE PROPERTY. (if answer is DOES, and the system does not require a state permit, see Disclosure 196. Statement: Subsurface Sewage Treatment System.) 197. PRIVATE WELL 198. SELLER 9 DOES ❑ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. 199. Of answer is DOES and well is located on the Property, see Disclosure Statement: Well.) 200. THIS PURCHASE AGREEMENT ❑ 1S Q 1S NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT.• -tcheckae.}---- 201. SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. 202. (if answer is IS, see attached Addendum.) 203. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 204. RECEIVED A DISCLOSURE STATEMENT. WELL AND/OR A DISCLOSURE STATEMENT SUBSURFACE SEWAGE 205. TREATMENT SYSTEM. 206. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 207. registry and persons registered with the predatory offender registry under MN Statute 243.166 maybe obtained 208. by contacting the local law enforcement offices in the community where the Property Is located or the Minnesota 209. Department of Corrections at (651) 361.7200, or from the Department of Corrections web site at 210. www.corr.state.mn.us. 211. ROME PROTECTION/WARRANTY PLAN: Buyer and Seller are -advised to investigate the various home protection/ 212. warranty plans available for purchase. Different home protection/warranty plans have different coverage options, 213. exclusions, limitations and service fees. Most plans exclude pre-existing conditions. (Check one.) 214, ❑ A Home Protection/Warranty Plan will be obtained and paid byo BUYER ❑ SELLER to be issued by 215. at at a cost not to exceed $ 216. 5K No Home Protection(Warranty Plan is negotiated as part of this Purchase Agreement. However, Buyer may elect 217. to purchase a Home Protection/Warranty Plan. 218. 219. Matt Schafer O.tcensee) 220. RE/MAX Advantage Plus (Real Estate Company Name) 221. (Licensee) 222. (Real Estate Company Name) NOTICE is 91 Seller's Agent ❑ Buyer's Agent ❑ Dual Agent ❑ Facilitator. _ - (Chet* one. j - is ❑ Seder's Agent ❑ Buyer's Agent ❑ Dual Agent ❑ Facilitator. (Beck one.}------.-...__ M.. _ r.. 223. THIS NOTICE DOES NOI SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. NIMPA-5 (8114) /A4 PURCHASE AGREEMENT ADVANTAGE PLUS 224. Page 6 Date 9/5/2014 225. Property located at 19740 Kenwood Trl Lakeville DIN 55044 226• DUAL AGENCY REPRESENTATION 227. PLEASE CHECK ONE OF THE FOLLOWING SELECTIONS: 228. Q Dual Agency representation DOES NOT apply in this transaction. Do not complete lines 229-245. 229, EJ Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 230-245. 230. Broker represents both the Seller(s) and the Buyer(s) of the Property involved In this transaction, which creates a 231. dual agency.This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 232. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for 233. either party. Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s). 234. Seller(s) and Buyer(s) acknowledge that 235. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will 236, remain confidential unless Seller(s) or Buyer(s) instructs Broker In writing to disclose this information. Other 237. Information wiN be shared; 238. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and 239. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of 240. the sate. 241. With the knowledge and understanding of the explanation above, Seiler(s) and Buyer(s) authorize and instruct Broker 242. and its salesperson to act as dual agents in this transaction. 243. Seller Buyer 244. Seller Buyer '245. Date Date 246. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the 247. cash outlay at closing or reduce the proceeds from the sale. 248. ENTIRE AGREEMENT: This Purchase Agreement and any addenda or amendments signed by the parties shall 249. constitute the entire agreement between Buyer and Seller. Any other written or oral communication between Buyer and 250. Seller, including, but not limited to, e-mails, tent messages, or other electronic communications are not part of this 251. Purchase Agreement, This Purchase Agreement can be modffied or canceled only in writing signed by Seller and 252. Buyer or by operation of law. All monetary sums are deemed to be United States currency for purposes of this Purchase 253. Agreement. 254. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to this 255. transaction constitute valid, binding signatures. 256. FiNAL ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy 257. must be delivered. 258. SURVIVAL: All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract 259. for deed. 260. OTHER: 261. Offer is subject to City Council approval 262. 263, 264. 265. 266. 267. MN:PA-6 (8114) 11L AV RE/A4W PURCHASE AGREEMENT ADVANTAGE PLUS 268. Page 7 Date _ 9/5/2014 269. Property located at 19740 Kenwood 2rl Lakeville MN 55044 270. ADDENDA AND PAGE NUMBERING: Attached addenda are a part of this Purchase Agreement. 271. Enter total number of pages of this Purchase Agreement, including addenda, on line two (2) of page one (1). 272. NOTE: Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement and should 273. not be part of the page numbering. 274. 1, the owner of the Property, accept this Purchase 275. Agreement and authorize the listing broker to withdraw 276, said Property from the market, unless instructed 277. otherwise in writing. 278. 1 have reviewed all pages of this Purchase Agreement. 279. ❑ If checked, this Purchase Agreement is subject to 280. attached Addendum to Purchase Agreement: 281. Counteroffer. 282. X du -4 -/� (Seders 6igneiure) (Dale) 283. X Roger L Martin (Seders PrmW Name) 284. X Married (A4srital Sialua) 285. X (Seder's signature) 286. X Rebekah A Martin (Soders Pdr$ed Name) 287. X mArr Ie. (Marital Status) I agree to purchase the Property for the price and on the terms and conditions set forth above I have reviewed all pages of this Purchase Agreement. � j; 10/20/14 X �S 288. FINAL_ ACCEPTANCE DATE: 289. is the date on which the fully executed Purchase Agreement is delivered. The Final Acceptance Date 290. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 291. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 292. 1 ACKNOWLEDGETHAT 1 HAVE RECEIVED AND HAVE HADTHE OPPORTUNITYTO REVIEWTHE DISCLOSURE 293. STATEMENT ARBITRATION DISCLOSUREAND RESIDENTIAL REAL PROPERTYARBITRATIONAGREEMENT, 294. WHICH IS AN OPTIONAL, VOL ARY AGREEMENT AND IS NOT PART OFTHIS PURCHASE AGREEMENT. 295. SELLER(S) A BUYER(S) Roger L fiartid.A 296. SELLER(S) BUYER(S) Rebekah A ,t n MN:Pl1.7 (9/14) AuthentisignID: 25E7FDC2-4399-4E5E-8F89-3891E9a265A3 R VA1 PA® ADVANTAGE PLUS Page 1 or 1 AMENDMENT TO PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS*, which disclaims any liability arising out of use or misuse of this form. ® 2006 Minnesota Association of REALTORS•, Edina, MN 1. Date 2. The undersigned parties to a Purchase Agreement, dated September 5, 2014 , pertaining to 3. the purchase and sale of the property at 19.7.40 Kenwood Trail, Lakeville, W55044 _ 4. 5. hereby mutually agree to amend said Purchase Agreement as follows: 6. Seller shall, within a reasonable time after acceptance of this Acg-eement, 7, _furnish a title insurance caguitment certified to date to include proper searches 8, coveri nQ hanks fin; P. F si'at-e and federal judgme t•s and 1 i ens., and ] eyi ed and 9. Pending special assessments.,. Buyer agrees to accept an owner's title policy in 10. lieu of an abstract of title- Seller shall pay all cost -ca a-c-cciated wil-b tbe 11. of such comi t Men _ B Iyer -,hall lay the prem; urn for the 's ml i cn 12. of title insurance. 13. 14. The camrnitment for title insurance shall be issued in the full amount of the 15. Purchase Price by a title insurance company reasonably satisfactory to Buyer 16 ("title insurer") by which said eempany ocmmits to issue its policy of title 17, insurance that:. 18, (a) Insures that at Closing Buyer shall have good, marketable, insurable 19. title of record to the Property, free and clear of all liens, encumbrances, leases, 20, dlaims and charg# s, all material easements, rights-of-way, covenants, conditions 21, and restrictions and any other matters affecting title, except for such matters 22. as are approved by Buyer in writing. 23, (b) Waives or insures against rights -and claims of parties in possession. 24. 25. 26. 27. 28. 29. 30. All other terms and conditions of the Purchase Agreement to remain the same. 021`184F1-5B8B Noot .iltriiniin 31. 9/18/201d2/9d1PM� 10/20/14 (saner) R[]Qer L. Martin (Osie) (sayer a o (Date) BTit_ssog �J`� � .Maxtin� . BQ 32. 9N7/2014 4:51:33 PM 10/20/14 (seller) Rebekah A. Martin (Date) (Buis)1 LL(Date) 33. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND ERS. 34. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN -AMD (8/06) ' •'