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M.S.B.A.Real Property Form No. 30 (2008)
<br /> Minnesota Vacant Lot Purchase Agreement--Single Dwelling PURCHASE AGREEMENT/PAGE 3 of 8
<br /> 181 9. SELLER'S BOUNDARY LINE,ACCESS,RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings on adjoining real property,
<br /> 182 if any,are entirely outside of the boundary lines of the property. Seller warrants that there is aright of access to the real property from a public right
<br /> 183 of way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that
<br /> 184 there are no present violations of any restrictions relating to the use or improvement of the property.Seller warrants that the real property is not subject
<br /> 185 to a lien for Medical Assistance or other public assistance. These warranties shall survive the delivery of the Deed or Contract for Deed.
<br /> 196
<br /> 187 10. CONDITION OF THE REAL PROPERTY.
<br /> 188
<br /> 189 A. CLEAN CONDITIONS.Seller shall remove all debris,trash,rubbish,garbage,rubble,and yard waste from the land before the possession date.
<br /> 190
<br /> 191 B. HAZARDOUS SUBSTANCES, PETROLEUM PRODUCTS,AND UNDERGROUND STORAGE TANKS. Seller knows of no hazardous
<br /> 192 substances or petroleum products having been placed,stored,or released from or on the real property by any person in violation of any law,
<br /> 193 nor of any underground storage tanks having been located on the real property at any lime,except as follows:
<br /> 194 None
<br /> 195
<br /> 196
<br /> 197
<br /> 198 If the presence of underground storage tanks is disclosed,then this paragraph applies: Seller hereby represents and warrants to Buyer that all
<br /> 199 of the underground tanks known to Seller on the subject property have been disclosed to Buyer on the attached drawing or map. Seller shall
<br /> 200 provide at closing the affidavits required by Minnesota Statutes Sections 115B.16,Subd.2,and 116.48 if applicable to the subject property and
<br /> 201 record an affidavit attesting to the location of any underground tanks which are used for the storage of petroleum products.
<br /> 202
<br /> 203 Notwithstanding Buyer's environmental investigations ofthe property(see Paragraph 22.C.,below),Sellerwarrants and represents to Buyerthat
<br /> 204 there have been no acts or occurrences upon the property that have caused or could cause hazardous substances or petroleum products to be
<br /> 205 released or discharged into the subsoil or ground water of the property or other property in the area. Seller represents and warrants to Buyer
<br /> 206 that the property is free of hazardous substances and is not subject to any"superfund"type liens or claims by governmental regulatory agencies
<br /> un or third parties arising from the release or threatened release of hazardous substances in,on,or about the property. Seller shall indemnify and
<br /> 208 hold Buyer harmless from any and all claims,causes of action,damages,losses,or costs(including lawyers fees)relating to hazardous
<br /> 209 substances or petroleum products in the subsoil or ground water of the property or other property in the area which arise from or are caused by
<br /> 210 acts or occurrences upon the property prior to Buyer taking possession.These warranties and indemnifications shall survive the delivery of the
<br /> 211 Deed or Contract for Deed.
<br /> 212
<br /> 213 C. WETLANDS,FLOOD PLAIN,AND SHORELAND. Seller knows of no wetlands,flood plain,or shoreland on or affecting the property,except
<br /> 214 as follows:The property is subject to shoreland and contains wetlands
<br /> 215
<br /> 216 [Checkt heboxifthefollowingprovisionappliestothisPurchaseAgreement:] X ADDENDUM TO PURCHASE AGREEMENT:WETLANDS,
<br /> 217 SHORELAND AND FLOOD PLAIN DISCLOSURE,M.S.B.A.Real Property Form No.8(1997),is included as an addendum to this Purchase
<br /> 218 Agreement.
<br /> 219
<br /> 220 D. PROTECTED SITES.Seller has no knowledge that the property has any conditions that are protected by federal or state law(such as American
<br /> 221 Indian burial grounds,other human burial grounds,ceremonial earthworks historical structures or materials,or archeological sites). [Check
<br /> 222 the box ithe following provision applies to this Purchase Agreement:]MADDENDUM TO PURCHASE AGREEMENT: CONTINGENCIES
<br /> 223 FOR SURVEY,APPRAISAL,DEVELOPMENT EVALUATION,AND ARCHEOLOGICAL/HISTORICAL SURVEY,M.S.B.A.Real Property
<br /> 224 Form No.17(2005),is included as an addendum to this Purchase Agreement.
<br /> 225
<br /> 226 E. DISEASED TREES. Seller has not received any notice from any governmental authority as to the existence of,and Seller has no knowledge
<br /> 227 of,any Dutch elm disease,oak wilt,or other disease of any trees on the real property.
<br /> 228
<br /> 229 F. BUYER'S INSPECTIONS. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local
<br /> 230 ordinance or lending regulations,Seller does not plan to have the property inspected. Other than the representations made in this Paragraph
<br /> 231 10.,and in Paragraph 22.,the property is being sold"AS IS"with no express or implied representations or warranties by Seller as to physical
<br /> 232 conditions or fitness for any particular purpose.
<br /> 233
<br /> 234 G. METHAMPHETAMINE DISCLOSURE. (Check only one box,either(1)or(2)]
<br /> 235 (1) To the best of Seller's knowledge,methamphetamine production has not occurred on the property.
<br /> 236 0 (2) To the best of Sellers knowledge,methamphetamine production has occurred on the property and Sellers disclosure is continued
<br /> 237 in Part B., METHAMPHETAMINE DISCLOSURE STATEMENT, M.S.B.A. Real Property Form No.22 (2005),included as an
<br /> 238 addendum to this Purchase Agreement.
<br /> 239
<br /> 240 H. NOTICE OF AIRPORT ZONING REGULATIONS.If airport zoning regulations affect this real property,a copy of those airport zoning regulations
<br /> 241 as adopted can be viewed or obtained at the office of the county recorder where the zoned area is located.
<br /> 242
<br /> 243 I. WARRANTIES SURVIVE CLOSING. Sellers warranties and representations contained in this Paragraph 10.,shall survive the delivery of the
<br /> 244 Deed or Contract for Deed.
<br /> 245
<br /> 246 J. LOCATION OF UTILITIES. For Sellers representations regarding the presence and location of utilities,if any,see Paragraph 22.,D.,below.
<br /> 247 _
<br /> 248 NOTICE REGARDING PREDATORY OFFENDERS: Information about the predatory offender registry and persons registered with the registry
<br /> 249 may be obtained by contacting the local law enforcement agency or by contacting the Minnesota Department of Corrections at 651-361-7200 or
<br /> 250 at http:l/www.doc.state.mn.us.
<br /> 251
<br /> 252 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law,ordinance or
<br /> 253 regulation.If the property is subject to restrictive covenants,Seller has not received any notice from any person as to a breach of the covenants. Seller
<br /> 254 has not received any notice from any governmental authority concerning any eminent domain,condemnation,special taxing district,or rezoning
<br /> 255 proceedings. Sellers representations contained in this Paragraph 11.,shall survive the delivery of the Deed or Contract for Deed.
<br /> 256
<br /> 257 12. ACCESS PRIOR TO CLOSING. By this Purchase Agreement,Buyer does not acquire any right of possession of the property nor does Buyer
<br /> 258 acquire any right of entry,license,or easement. Seller will consent to a case-by-case right of entry for Buyer and/or Buyers agents,surveyors,
<br /> 259 engineers,and site evaluators for testing,measuring,and evaluating purposes provided that the following conditions are met:
<br /> 260 A. There shall be no crop or tree damage.
<br /> 261 B. There shall be no excavating or earth-moving and no tree removal.
<br /> 262 C. Buyers independent contractors(surveyors,engineers,and site evaluators,etc.)shall,prior to entry on the land,deliver to Seller proof of
<br /> 263 independent contract with Buyer and a waiver of lien rights in a form satisfactory to Seller.
<br /> 264 Buyer shall indemnify and hold Seller harmless from any and all liens,claims,liabilities or charges incurred or caused by Buyers contracts with
<br /> 265 surveyors,engineers,and site evaluators,which indemnity shall include any lawyers fees,costs or disbursements incurred by Seller in any defense
<br /> 266 thereof.
<br /> 267
<br /> 268 13. POSSESSION. Seller shall deliver possession of the property not later than the day of closing.
<br /> 269
<br /> 270 14. EXAMINATION OF TITLE.
<br /> 271 A. ABSTRACT AND EXAMINATION OF TITLE.To demonstrate that Sellers title is good and marketable of record,within a reasonable time after
<br /> 272 acceptance of this Purchase Agreement,Seller shall furnish Buyer with an Abstract of Title[see B.,below]or a Registered Property Abstract certified
<br /> 273 to date including proper searches covering bankruptcies and state and federal judgments,federal court judgment liens in favor of the U.S., liens,
<br /> 274 and levied and pending special assessments.Buyer shall have ten business days after receipt of the Abstract of Title or Registered Property Abstract
<br /> 275 either to have Buyers lawyer examine the title and provide Seller with written Title Objections or,at Buyers own expense,to make an application
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