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Home My WebLink About13000210132002_Conditional Use Permits_06-22-2022Date Stamp L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER, APPLICATION FOR CONDITIONAL USE PERMIT/INTERIM USE PERMIT COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-t3il.mn.us pTTCRTflIl Application Fee 00~ Receipt \2jb77.'tZ'L Accepted by Date Property Owner Name Alan & Deborah Lien under purchase agreement w/Stone Creek Barn LLC ( owners Cory & Teresa Budke of Fergus) Address 31126 CO HWY27 City /Fergus Falls State Minnesota Zip 56537 Daytime Phone 218-731-6282 Email budkeexcavating@yahoo.com Parcel Information Lake Class meLake NameLake No 56-0639000 Indian Parcel Number(s)13000210132002 Parcel Number(s) |y 2.1 Part of Gov't. Lots 1 & 2, & Part of NW1/4 NE1/4 Sec 21, T132N, R42W See Attached Legal Description SectionTownship Name Legal Description Physical Address 18601 CO Hwy 33 Fergus Falls, MN 56537 CONDITIONAL USE PROJECT (Please Check) Commercial PUD Commercial Use 0Topographical Alteration 0 Industrial UseExtractive Use □Commercial WECS Residential PUD Forest Land Conversion □Miscellaneous INTERIM USE PROJECT (Please Check) □Existing Dwelling RepurposingExisting Dwelling Removal Version Date. 04/07/2020 1 SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. The applicant, Stone Creek Barn LLC, ( Cory & Teresa Budke ) wishes to create a Commercial PUD that would allow for construction of a event venue focusing on weddings, six cabins, tS, camper sites, parking lot, water feature and associated roads and sidewalks to be used by the event guests. The applicant intends to start construction of the improvements in the 2022 construction season. /^uryiktK h tX) . y z,3 iz. 1^I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAM- COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTYfl^ DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. / y^(G NATURE IWNER DATEiPERTY OWNEl APPLICANT MUST BE PRESENT AT THE HEARING {Applicant will Receive Notification of the Date/Time of Hearing) Date of Planning Commission Hearing Time Planning Commission Recommendation: Motion: A motion by Trites, second by Bladow to approve the email requesting to withdraw the Conditional Use Application to create a Commercial PUD. Voting: All Members in favor. :ommission County Board Action Approved as Recommended Denied as Recommended Other Date of Final ActionChairman/Otter Tail County Board of Commissioners CONDITIONAL USE PERMIT ft L&R Official/Date INTERIM USE PERMIT# L&R Official/Date Permit(s) required from Land & Resource Management NoYes Note: If Yes, contact Land & Resource Management Copy of Appiication maiied to Applicant, County Assessor and MN DNR L&R Official/Date 2 Board of Commissioners’ Meeting Minutes July 26, 2022 programs. Otter Tail County wants to be intentionally collaborative about using these funds both internally and externally, working with the Health and Wellness and the Public Safety teams, as well as with external partners, local healthcare providers, behavioral health providers, schools, treatment facilities, and community members. Statewide 2021 preliminary data shows an increase of about 35% in overall opioid overdose deaths in Minnesota, so it is important to be strategic in how Otter Tail County uses these funds. Next steps will include outreach across the county to plan effective ways to use the funds and develop a strategic long-range plan. FIRST LUTHERAN CHURCH PARKING SPACE AGREEMENT Motion by Rogness, second by Mortenson and unanimously carried to authorize the appropriate County Officials’ signatures to approve the agreement between Otter Tail County and First Lutheran Church to lease parking space for vehicles of employees, visitors and persons having business at the Otter Tail County Courthouse. The lease is for a period of three (3) years with an annual rent of $5,040.00 per year, in equal quarterly installments of $1,260.00, which equates to $21/space per month for twenty (20) spaces. PLANNING COMMISSION RECOMMENDATIONS A Conditional Use Permit Application was received from property owners Loren and Barbara Hawes requesting a permit change from agricultural to commercial use. The property is proposed to be used for a Landscape Construction business for storage of landscape materials and equipment. The permit application request was tabled to the August 10, 2022 meeting to allow the applicant to review criteria and provide a more detailed plan, which needs to be received at the Land & Resource Management Office by July 26, 2022. The proposal is located North of 44033 Hawes Beach Rd., Section 2, Otter Tail Township; Buchanan Lake (56- 209), GD. Motion by Johnson, second by Mortenson and unanimously carried to approve a Preliminary Plat of “Long View Storage Condos CIC #98”, owned by Jord & Hem LLC and Eretz Shalom LLC, consisting of twenty (20) Units located at 37755 470"^ St., Section 26, Hobart Township; Long Lake (56-388), RD. This plat is not in the shoreline district. Motion by Rogness, second by Mortenson to withdraw the Conditional Use Permit Application for Stone Creek Barn, LLC owned by Cory & Teresa Budke. The owners proposed to create a Commercial PUD that would allow for construction of an event venue focusing on weddings consisting of six (6) cabins, twenty (20) camper sites, and a parking lot, water feature and associated roads and sidewalks to be used by the event guests. The property is located at 18601 County Highway 33, Section 8 of Dane Prairie Township; Indian Lake (56- 639), NE. SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS) COMPLIANCE INSPECTION POLICY OTTER TAIL COUNTY RESOLUTION NO. 2022-75 WHEREAS, Otter Tail County sanitation code is and has been based on MN Rules, Chapter 7080-7083, which took effect on February 4, 2008. WHEREAS, MN Chapter 7082.0500 requires An infield verification of the periodically saturated soil or bedrock at the proposed soil treatment and dispersal sites must be conducted by a qualified employee with jurisdiction or licensed inspection business who is authorized by the local unit of government. Page 2 of 22 OTTER TAIL COUNTY - MINNESOTA otter Tail County, Planning Commission July 13, 2022, 2021; Page 2 “Long View Storage Condos CIC #98” / Jord & Hem LLC and Eretz Shalom LLC - Approved as Presented: A Preliminary Plat “Long View Storage Condos CIC #98” consisting of 20 Units out of Parcel I as shown on page 2 of 2 of the maps on file at Land & Resource Management. The proposed storage structures will be located over 1000’ from Long Lake (56-388). The proposal is located at 37755 470‘^ St., Section 26, Hobart Township: Long Lake (56-388), RD. Jack Rosenthal (Boundary Pro), Patrick Corcoran & Jade Berube represented the Application. All correspondence has been forwarded to the Planning Commission and Applicant for review. Hobart Township submitted an email with the following statement: The Township is opposed to any water being diverted to the township road ditch and that all water should be diverted to holding ponds outside of the road right of way. Michael Grouws expressed concerns regarding drainage. Motion: A motion by Wilson seconded by Fischer to approve as presented. Voting: All Members in favor. “Stone Creek Barn LLC” (Cory & Theresa Budke, Buyer & Alan & Deborah Lien- Owners) - Withdrawn: A Conditional Use Permit Application (as stated by the Applicant on the Application): The applicant, Stone Creek Barn LLC, (Cory & Teresa Budke) wishes to create a Commercial PUD that would allow for construction of an event venue focusing on weddings, six cabins 20 camper sites, parking lot, water feature and associated roads and sidewalks to be used by the event guests. The applicant intends to start construction of the improvements in the 2022 construction season. The property is located at 18601 Co. Hwy 33, Section 8 of Dane Prairie Township; Indian Lake (56-639), NE. All correspondence has been forwarded to the Planning Commission and Applicant for review. Cory Budke submitted an email dated July 12, 2022, requesting to withdraw the Conditional Use Application to create a Commercial PUD. Motion: A motion by Trites, second by Bladow to approve the email requesting to withdraw the Conditional Use Application to create a Commercial PUD. Voting: All Members in favor. Adjourn: At 7:29 P.M., Chairman Boyer adjourned the Meeting. The next Meeting is scheduled for 6:30 P.M. on August 10, 2022. Respectfully submitted. Amy Busko Recording Secretary Amy Busko Cory Budke <budkeexcavating@yahoo.com> Tuesday, July 12, 2022 3;06 PM Rick Wilson; Amy Busko Brent Frazier; David Trites; David Waas; Judd Fischer; Rod Boyer; Tina Bladow; Chris LeClair; Michelle Eldien Re: Stone Creek Barn LLC From: Sent: To: Cc: Subject: Good day. With great sadness we have decided to with draw our conditional use permit all together. I received a phone with basically a personal attack on me & my family. It's crazy to think in this day and age that there still is this type of mob Mentality out there. . I don't like the idea that this type of behavior wins battles ( cause I am always up for a battle if Tm in the right but my family doesn't like the conflict.) Thanks for your time spent on this project Cory Budke Sent from Yahoo Mail for iPhone On Tuesday, July 12, 2022, 2:35 PM, Rick Wilson <rick.wilsonltc@gmail.com> wrote: Received, thank you. Rick W On Tue, Jul 12, 2022,12:32 PM Amy Busko <ABusko^co.ottertail.mn.us> wrote: Good Afternoon - Attached is correspondence received in regards to the Stone Creek Barn LLC application. Have a great day. Amy Busko Permit Technician 1 Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 I ottertailcountvmn.us 2 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING PROPERTY OWNER: Alan & Deborah Lien BUYER: 18601 Co Hwy 33 Fergus Falls MN 56537 Cory & Teresa Budke Stone Creek Barn LLC 31126 Co Hwy 27 Fergus Falls MN 56537 HEARING DATE/LOCATION:July 13, 2022, at 6:30 P.M.** Commissioner's Room Government Services Center 500 West Fir Ave Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant on the Application): The applicant, Stone Creek Barn LLC, (Cory & Teresa Budke) wishes to create a Commercial PUD that would allow for construction of an event venue focusing on weddings, six cabins 20 camper sites, parking lot, water feature and associated roads and sidewalks to be used by the event guests. The applicant intends to start construction of the improvements in the 2022 construction season. LAKE NAME/NUMBER/CLASS: Indian Lake (56-639) Natural Environment (NE) E-911 ADDRESS: 18601 Co. Hwy 33, Fergus Falls MN 56537 LEGAL DESCRIPTION: Part of GL’s 1 & 2 & Part of NW1/4 NE1/4, Section 21 of Dane Prairie Township ** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the Hearing. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Public comments regarding this application expressed by mail or emailed to land@co.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. June 29. 2022Rod Boyer Mailing DateChairman Planning Commission INTERSTATEENGINEERING MEMO Otter Tail County Land & Resource Dept.To: Mike Fletchall, Interstate Engineering, Inc.From: 6/22/22Date: Stone Creek Barn - PUD Application PID 13000210132002 - Otter Tail County, MN F22 10 076 Re: 1. General Description The applicant. Stone Creek Barn LLC ( Cory & Teresa Budke of Fergus Falls ) has a purchase agreement on the subject property and wishes to develop the subject property by means of a PUD in order to provide for an event space specializing in weddings along with cabins and camp sites for use by the guests during these events. They have hired Interstate Engineering to assist in the preparation of the PUD application and associated documents and exhibits to and to prepare preliminary site and building layouts for their proposed improvements. The location of the event space is shown in the location of proposed construction and the additional cabins and camp sites are shown in the approximate locations that they would likely be constructed. All buildings are subject to slight changes in design and size once the design is finalized by the applicant and Interstate Engineering. 2. PUD ownership and operation The applicant intends to keep the property under one ownership. Stone Creek Barn LLC and the PUD would be under the operation of Stone Creek Barn LLC. 3. Topographic Survey Interstate Engineering prepared a topographic map of the subject property and performed unit density calculations based on the guidelines for Commercial PUD’s and performed impervious surface calculations for existing conditions and proposed improvements. Professionals you need, people you trust P.O. Box 316* 116 East Washingiton Avenue • Fergus Falls, MN 56538-0316 • P: 218-739-5545 • F: 218-739-4814 • www.interstateeng.com Offices in: North Dakota • Montana • Minnesota • South Dakota Documenti Otter Tail County Page 2 of 2 June 22, 2022 INTERSTATE ENGINEERING 4. Topographical Alteration Interstate Engineering performed preliminary calculations based on the proposed site layout and determined that site improvements for the proposed layout will require approximately 500 yards of excavation and approximately 500 yards of embankment. 5. Stormwater Design Interstate Engineering performed preliminary calculations based on the proposed new impervious surface area of the proposed site layout and determined that based on the requirements of the NPDES permit a total storage volume of 17,000 CF would be required. Locations of storage and treatment areas will be determined based on final locations of proposed site improvements. 6. Wells and Septic Systems There is an existing well that is near the existing home that will be utilized for water service to the development. Holding tanks are proposed for use for the event space and cabins. See the drawing and calculations prepared by Scott’s Septic Service for more detail. Professionals you need, people you trust P.O. Box 316 • 116 East Washington Avenue • Fergus Falls, MN 56538-0316 • P: 218-739-5545 • F: 218-739-4814 • www.interstateeng.com Offices ini North Dakota • Montana • Minnesota • South Dakota i i1!■ I I 1 I*'] /4_j I-1“r \{^0CX)\T/I -:t i!K ------------,..^1------------------- ■; I I i Ii--". [i/''I <ia'-.........,<^'-/T f r=zzzpE3-@:j04_____ :!jN?i i ;iI!'I- i4I 1ii I;i ;!\\: 1 I i i ;,!:!■ i t i 1 i ! 5 le^r-s ^ i Yj£jk I 3/4/ ^PP Q) ■■ 2^^ (!) ^Q/zon ■ (;7""5-^o ^7/^". (^(pM's Mx\)o (!j) J^JpO0 ^a//<?/y\Q I1; -------------------------------------------- (l) LFoQ gQ/M MMa ^ ■ ' rc^AK. I i i i1 !C^i?/V7 £ i-(^ t Q") Q>I i I (I I i i 1]!!:i IM)3- 20fil /i>0‘''2 1 Iii!WfCs \f-‘ Ii ;i1I!II Signature ol Property Owner j Date i a38,£>3G • Vic[o| Lundcen Co, Pfimets • PcigusPaOs. • 1 ■SOO-34G-‘5870!!BK 0909 ;I i -Tc> (j'juutfu.iaiiu^ ivoft.corr «u*<iffti}>wn.OS«n I I I I ! 1 I i i;i I I r,.[>/-■---y liH76.CanY.Bub\EIUJIuc?&.Ci«.M WVm PLANNING COMMISSION NOTIFICATION WORKSHEET Be Al^n !k\^oflih /;/)^ 4 jtfri\cL hdllp JuIa^ 13 LlQ.X Applicant: Lake: I/uUujx. Io3^Meeting Date:1yQl;z^ y« Mile (1320’) Conditional Use App ’/2 Mile (2640’) Preliminary Plat *Township / County Roads: Sherry (GtS) will get map, listing, labels (she has an advanced mapping system), unless it is adjacent to the parcel(s) that run the length of the road project. Be sure to list the road name(s) and the parcel number(s) involved with the project on this sheet for Sherry. })oi\^Jt p1V i c V t'h ^rwAtlofes 1 FC S' 0ifnc 6fJ-yiL fo f??£?)C 31U IIU> \MuL«;lvi\>\l7')^ fw^‘_____ f^,m (omi Inc ^ PC:Worksheet Notification 10/2015 LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY, GOVERNMENT SERVICES CENTER, FERGUS FALLS, MN 56537 STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County Planning Commission for Otter Tail County, Minnesota, do hereby certify that onthe_M^—day of ------^2020, the attached Notice of Hearing and was duly served upon the following: County Sheriff County Highway Engineer Courthouse Otter Tail COLA, 4302 13'^' Ave S Ste. 4-333, Fargo, ND 58103 MPCA, 714 Lake Ave., Suite 220, Detroit Lakes, MN 56501 DNR, Julie Aadland, Div. Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Shawn Donais, DNR, Trails & Waterways Jim Welters, DNR, Div. of Fisheries Mike Oehler, DNR, Div. of Wildlife Planning Commission Members (The above receive aU Notices) Lake Improvement District (if project is located on their lake, mail Notices to the Lake improvement District) B|g McDonald:^Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Same Envelope DeVils (Nei Litti\M;>donaid, Kerbs & Paui: LMKP Lakes imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 ^lican,lFish, Bass & Little Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turue Lake: South Turtle Lake Imp. Dist., PO Box 168, Undenvood, MN 56586 City^^ierk (if located within 2 miles of a city) Mn)s^ Dist. Office, 1000 Hwy 10 W, Detroit Lakes, MN 56501 (if located on a State or Fed Hwy) Adjac^j^County Zoning Administrator (If the County is in the “Buffer) - check their website for name/address Beck^^ounty Auditor (notify in addition to their Zoning Administrator) - check their website for name/address Do not notify individuals within a City Limit 'erham): LittleT^ne & Big Pine: (^TownshipCieri^ake Assi^ation.igurve’^jif appropriate), and those listedon the attached sheet..., by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by depositing them in the U.S. Mail at Fergus Falls, MN, properly addressed to each of the above named at the addresses shown above. Secretary ihn If parcel owner is “USA", mail to Fish & Wildlife Service, 18965 Co. Hwy 82, Fergus Falls, MN 56537 If parcel owner is “DNR“, ignore as they are receiving a notice as stated above If parcel owner is “St. of MN. 375 Centennial Bldg. Spec Asst, to Atty General St. Paul, MN “, mail to DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601 l:\PC\Affidavit Orig 2018 "EXHIBIT A" LEGAL- DESCRIPTION That part of Government Lots One (1) and Two (2) and that part of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section Twenty-one (21), Township One Hundred Thirty-two (132) North, Range Forty-two (42) West, Otter Tail County, Minnesota, described as follows: Commencing at the Northeast corner of said Section 21; thence North 89 degrees 10 minutes 09 seconds West (assumed bearing) along the North line of said Section 21 a distance of 542.78 feet; thence South 00 degrees 27 minutes 39 seconds East a distance of 387.62 feet to the point of beginning; thence North 43 degrees 21 minutes 09 seconds West a distance of 446.30 feet; thence North 11 degrees 19 minutes 48 seconds West a distance of 69.02 feet to the North line of said Section 21; thence North 89 degrees 10 minutes 09 seconds West along said North line a distance of 1353.75 feet; thence South 11 degrees 14 minutes 18 seconds East a distance of 372,57 feet; thence South 83 degrees 25 minutes 13 seconds West a distance of 383.77 feet; thence South 01 degree 58 minutes 18 seconds West a distance of 657.24 feet; thence North 89 degrees 41 minutes 35 seconds East a distance of 983.08 feet; thence South 86 degrees 57 minutes 33 seconds East a distance of 474.42 feet; thence South 10 degrees 16 minutes 09 seconds West a distance of 222.68 feet; thence South 81 degrees 24 minutes 44 seconds East a distance of 167.96 feet; thence North 03 degrees 20 minutes 31 seconds East a distance of 78.14 feet; thence South 66 degrees 45 minutes 27 seconds East a distance of 199,68 feet; thence North 88 degrees 30 minutes 24 seconds East a distance of 188.94 feet; thence South 20 degrees 18 minutes 49 seconds East a distance of 206.60 feet; thence South 37 degrees 19 minutes 56 seconds East a distance of 351 feet more or less to the shoreline of Indian Lake; thence northeasterly, westerly, northwesterly / and easterly along the shoreline of Indian Lake a distance of 1280 feet more or less to its intersection with the East line of said Government Lot 1; thence North 00 degrees 14 minutes 28 seconds East along the East line of said JSovernment Lot 1 a distance of 145 feet more or less to a point on said East line distant 1075.66 feet south of the Northeast corner of said Section 21 (as measured along said East line); thence South 85 degrees ?6 minutes 06 seconds West a distance of 417.77 feet; thence North ^4 degrees 58 minutes 06 seconds West a distance of 158.3T -feet; thence North 05 degrees 42 minutes 09 seconds West a distance of 176.22 feet; thence South 89 degrees 42 minutes 57 seconds West a distance of 162.23 feet; thence North 02 degrees 03 minutes 27 seconds West a distance of 258.61 feet; thence North 42 degrees 17 minutes 33 seconds East a distance of 308.55 feet; thence North 20 degrees 43 minutes 56 seconds East a distance of 57.80 feet to the point of beginning. Containing 47.37 acres more or less. North line thereof. Restrictions of record. Otter Tail County, Minnesota, Subject to County Road Number 33 along the Also subject to any other Easements or Buffer Parcels City St Zip Fergus Falls MN 56537 8283 Addr 2AddrlParcel No Name 1 Name 2 13000150089004 Matthew C & Melissa M Davis 19247 Mill Rd Fergus Falls MN 56537 2673718 Tower Rd S13000150089005 Glen M & Arlene J Melby Fergus Falls MN 56537 828319103 Mill Dr13000150089006 Murphy Family Tst Fergus Falls MN 56537 828319103 Mill Dr13000150089007 Murphy Family Tst Fergus Falls MN 56537 824713000160094001 David S & Jenny A Johnson 18784 County Highway 33 Fergus Falls MN 56537 828319013 Mill Dr13000160094002 Ronald Melby N Fergus Falls MN 56537 826625212 County Highway 124Mouser Famil Rev Liv Tst13000160094004 Fergus Falls MN 56537 824713000160095000 Bailey & Tyler Rehm 18748 County Highway 33 Fergus Falls MN 56537 824713000160095001 Bailey & Tyler Rehm 18748 County Highway 33 Fergus Falls MN 56537 824713000160096000 Tyler Neumann 18928 County Highway 33 Underwood MN 56586 950813000160096002 Mark & Tracy Schoening Tsts 19485 County Highway 39 Fergus Falls MN 56537 253113000160096004 Gary Neumann 202 Junius Ave W Fergus Falls MN 56537 824713000160096005 Tyler & Marcy Lynn Neumann 18928 County Highway 33 Fergus Falls MN 56537 823013000210131003 Charles & Deborah Revering Tst 18288 248th Ave Battle Lake MN 56515 850013000210132000 Noyes Family Rev LvgTst 3/11 108 Hidden Meadows Dr Fergus Falls MN 56537 8230Michael & Linda Kronemann Tst 18840 248th Ave13000210132001 Fergus Falls MN 56537 824813000210132002 Deborah M & Alan M Lien 18601 County Highway 33 Fergus Falls MN 56537 824818675 County Highway 33Jason Mark13000210132003 Fergus Falls MN 56537 823018594 248th Ave13000210132004 Shawn Christmann Battle Lake MN 56515 850013000210132005 Noyes Family Rev Lvg Tst 3/11 108 Hidden Meadows Dr Fergus Falls MN 56537 824718739 County Highway 3313000210136000 Brady J & Mackenzie R Speicher Fergus Falls MN 56537 825726307 190th St13000220137000 Mark A 8i Kristine M Peterson Underwood MN 56586 953633236 200th St13000220138000 Anthony 8i Kali Peterson Page 1 of 2Monday. June 27. 2022 Parcel No 13000220139000 Glen M & Arlene J Melby Addr2 Citv St Zip Fergus Falls MN 56537 2673 Addr 1Name 1 Name 2 718 Tower Rd S Fergus Falls MN 56537 825713000220139001 Keith A Okerlund 25725 190th St Fergus Falls MN 56537 824813000220140001 Ronald N & Susan C Lindgren 18461 County Highway 33 Fergus Falls MN 56537 133913000220142000 Charles G & Elizabeth K Smith 1101 Oak St N Page 2 of 2Mondav. June 27. 2022 Buffer Mail City, State, Zip Fergus Falls MN 56537 8230 Address i Address 2Name Charles & Deborah Revering 1st 18288 248th Ave Shawn Christmann Fergus Falls MN 56537 823018594 248th Ave Matthew C 8i Melissa M Davis Fergus Falls MN 56537 828319247 Mill Rd David S & Jenny A Johnson Fergus Falls MN 56537 824718784 County Highway 33 Deborah M & Alan M Lien 18601 County Highway 33 Fergus Falls MN 56537 8248 Ronald N & Susan C Lindgren 18461 County Highway 33 Fergus Falls MN 56537 8248 Mark & Tracy Schoening Tsts 19485 County Highway 39 Underwood MN 56586 9508 Jason Mark 18675 County Highway 33 Fergus Falls MN 56537 8248 Glen M &. Arlene J Melby 718 Tower Rd S Fergus Falls MN 56537 2673 Ronald Melby N 19013 Mill Dr Fergus Falls MN 56537 8283 Michael & Linda Kronemann Tst 18840 248th Ave Fergus Falls MN 56537 8230 Mouser Famil Rev Liv Tst 25212 County Highway 124 Fergus Falls MN 56537 8266 Murphy Family Tst 19103 Mill Dr Fergus Falls MN 56537 8283 Gary Neumann 202 Junius Ave W Fergus Falls MN 56537 2531 Tyler Neumann 18928 County Highway 33 Fergus Falls MN 56537 8247 Tyler & Marcy Lynn Neumann 18928 County Highway 33 Fergus Falls MN 56537 8247 Noyes Family Rev LvgTst 3/11 108 Hidden Meadows Dr Battle Lake MN 56515 8500 Keith A Okerlund 25725 190th St Fergus Falls MN 56537 8257 Anthony & Kali Peterson 33236 200th St Underwood MN 56586 9536 Mark A & Kristine M Peterson 26307 190th St Fergus Falls MN 56537 8257 Monday, June 27, 2022 Page 1 of 2 Address iName Address 2 City, State, Zip Fergus Falls MN 56537 8247Bailey & Tyler Rehm 18748 County Flighway 33 Charles G & Elizabeth K Smith 1101 Oak StN Fergus Falls MN 56537 1339 Brady J & Mackenzie R Speicher 18739 County Highway 33 Fergus Falls MN 56537 8247 Monday, June 27, 2022 Page 2 of 2 Amy Busko Otter Tail County Land Tuesday, July 12, 2022 8:13 AM Amy Busko Indian Lake Commercial PUD Application - July 13, 2022 Public Hearini^ From: Sent: To: Subject: Please see email below. Thank you. Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountvmn.us OTTER TAILCOUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Rich Revering <Wchard.Revering(ffibolton-menk.com> Sent: Tuesday, July 12, 2022 7:44 AM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Indian Lake Commercial PUD Application - July 13, 2022 Public Hearing I I You don't often get email from richard.reverina@bolton-menk.com. Learn why this is important I'm emailing to request a copy of the staff report for the upcoming public hearing on this project.I My uncle owns property on the lake and has asked my assistance in reviewing potential impacts on traffic, the lake, and their quality of life. I've only seen a survey drawing showing the proposed layout. Thanks, PE Senior Project Manager Bolton & Menk, Inc. 12224 Nicollet Avenue Burnsville, MN 55337 Phone: (952) 890-0509 Ext. 2795 Mobile: (612)718-8412 Bolton-Menk.com 1 Amy Busko Amy Busko Tuesday, July 12, 2022 11:52 AM Richard.Revering@bolton-menk.com Indian Lake Commercial PUD Application Stone Creek Barn CUP Application.pdf From: Sent: To: Subject: Attachments: Good Morning Richard. I am responding to your email for request for a copy of the staff report for the proposed project on Indian Lake. Currently we do not have a staff report for this project, however, I am attaching the application that was submitted for your use. Thank you and have a great day. Amy Busko Permit Technician Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL 1 Amy Busko Amy Buskq Tuesday, July 12, 2022 12:32 PM Amy Busko; 'Brent Frazier'; 'David Trites'; 'David Waas'; 'Judd Fischer'; 'Rick Wilson'; 'Rod Boyer'; 'Tina Bladow' Chris LeClair; Michelle Eldien; Cory Budke Stone Creek Barn LLC Stone Creek Barn Correspondence 07-13-22.pdf From: Sent: (To: Cc: Subject: Attachments: Good Afternoon - Attached is correspondence received in regards to the Stone Creek Barn LLC application. Have a great day. Amy Busko Permit Technician Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 ottertailcountvmn.us m} OTTER TAIL 1 Amy Busko Otter Tail County Land Tuesday, July 12, 2022 11:57 AM Amy Busko Opposition to the ^one Creek Barn Conditional Use Permit! J.and and Resource.docx From: Sent: To: Subject: Attachments: Please see attached email. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Lindsay Mark <linds6(®hotmaiLcom> Sent: Tuesday, July 12, 2022 11:56 AM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Opposition to the Stone Creek Barn Conditional Use Permit You don't often get email from linds6@hotmail.com. Learn why this is important Hello, Here is our opposition letter for the Stone Creek Barn conditonal use permit. Please let us know if there is anything else you need. Thank you, Lindsay Mark 1 7/12/2022 Dear Ottertail County Land and Resource Department, We are residents of Dane Prairie Township and very concerned about the Conditional Use Permit request by Cory and Teresa Budke, and Stone Creek Barn to create a commercial PUD, in a rural township. Here are just a few of our reasons why we believe the Conditional use permit for the Stone Creek Barn should be denied. -Dane Prairie is a rural township known for family homes, farm land, farm animals, hunting and fishing- not commercial businesses- let’s keep it that way. In no way is it compatible with the area. We want to live and raise our children in rural areas for a reason. Many of us have small children and worry about their safety. Not everyone is a people person and we prefer to live in quite rural areas for our mental health and wellbeing. We have rights to be able to enjoy our property, peacefully. Rural residents should also not have to worry that every time a property is up for sale, that it could be turned into commercial property. -This ‘Wedding event center’ will not just be used for weddings or on the weekends. Cory and Teresa Budke own Wee Villa campground and you can guarantee this will be a seasonal campground, even if they are not proposing that on their application right now. What happens when they cannot make ends meet on just weddings? It will be expanded to birthdays, class reunions, showers, bands, and eventually a full campground. They will be back here requesting to pack in additional sites. This event center/campground will be open 24 hours a day, 7 days a week. -Indian Lake is a small 9-10 property owned lake, with no public access. They will put in a ramp and docks for their guests, creating stress and destruction to this small lake. The lakeshore residents have been excellent stewards taking care of the lake for many years and take pride in keeping it a ‘natural environment’ lake. What impact will 300+ people, with no accountability or pride of ownership, have on this land and the lake water quality? They do not live here, why would they care? Has an EAW or EIS been performed? It needs to be. -The total area of the property is 47 acres, however only about 6 acres are useable, the rest is swampy or the 20-acre lake/pond. Their proposal is putting a large event venue, 6 cabins, 20 camper sites, parking lots, roads, boat ramp, sidewalks, sewer holding tanks, and more all on just 6 acres- this is concerning for such a small area of land. Not to mention that they are building extremely close to the 20-acre WPA lake/pond, demolishing many trees and disrupting countless animal habitats. Why is this lake/pond not protected with a setback? It may not be on OTC’s list but it is still a body of water that needs to be maintained. -Their proposal from Interstate Engineering says they will only be moving approximately 500 yards of dirt... Why are the current elevations given but not the ‘after’ elevations? What is the natural elevation? What are the elevations of the cabins? And the parking lot? We believe the actual yards of dirt to be excavated will be significantly more than 500 yards, altering the current topographical area vastly. -This event venue/campground will bring loud parties, drunk party guest, underage drinking, and drunk driving to our quite area. This would not only endanger our rural neighborhood but this would also cause strain on our local sheriff’s department. They will constantly be bothered with noise violations, fights, crashes, trespassing etc. Do the boat sheriffs have time and resources to patrol another lake? What time will they be required to shut off the music? Who will enforce this? Will this business be required to obtain a liquor license? Will they have security? -County Highway 33 is already in dire need of road repairs and is not even on the OTC list for improvements for the 2017-2025 period; we do not need more traffic on these roads deteriorating them further. This property is right by a fast curve- How will they ensure public safety? Will turning lanes be added? Or at least a right hand bypass so thru traffic can go around left turning traffic that has to wait? If not, this will be a recipe for rear-ended crashes or worse if people take the short gap. Is there enough room to make these improvements? It does not sound like the highway department has much time for additional improvements or projects. -This property is right next to ours. Our property line is about 26 feet off Indian Lake, with the neighbor’s current residential driveway between. Typically, entrances/roads are at least 24 feet wide with a 4:1 or 6:1 slope/ditch on both sides; this would require a minimum total of 30-35 feet to make improvements. If it does not fit, we will not be proving an inch of our property in order for them to be compliant. We are currently working with the Ottertail County Highway Department for exact regulations. If they cannot create the proper road into the party venue/campground- this conditional use permit cannot move forward. -We have farmland, as do many others in the area. Will their guests be bothering us with complaints of our tractors being too loud, we are creating too much dust, we are spraying chemicals too close to their property, our animals smell, etc. This is rural country and commercial property owners and their guests might not understand this. -This would significantly decrease all land/home values; no person interested in rural properties wants to have a commercial property nearby. Would you want this in your neighborhood? -We have talked to countless neighbors and each one is completely against this for different reasons, we do not believe that one person in this township approves of this. There will be many of us at the meeting on Wednesday night fighting this together. Thank you, Jason and Lindsay Mark Amy Busko Otter Tail County Land Tuesday, July 12, 2022 11:00 AM Amy Busko EJdtOjWOtKial PUD proposal for Indian Lake by Lien/BudJi ^£tter^Plannm^ Cpnimission^wth adachment.pdf ^ From: Sent: To: Subject: Attachments: Please see email below. Thank you. Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountvmn.us OTTER TAILCOUNTY-MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Robert Russell <Robert@russelllawoffice.com> Sent: Tuesday, July 12, 2022 10:33 AM To: Otter Tail County Land <land(®co.ottertail.mn.us> Cc: lhkeller(®bremer.com; anthonydpete(®gmail.com; Asa Burck <asa@kaler-doeling.com> Subject: Commercial PUD proposal for Indian Lake by Lien/Budke You don't often get email from robert@russelllawoffice.com. Learn whv this is important lease see attached submitted on behalf of my clients, Leon and Cindy Keller. fBob Russell ^ Cell: (218) 205-6944 hank you. Robert L Russell Attorney at Law 220 West Washington Avenue, Suite 103 Fergus Falls, MN 56537 Phone: 218-998-6400 Fax: 218-998-6404 1 Robert L. Russell m i 220 W. Washinglon Avenue, Suite 102 Feigus Falls. MN 56.S37-2569 Phone: 218-998-64W) • Fax:218-998-6404 E-mail: robert®'russelllawofnce.eom Attorney at bw July 12, 2022 Otter Tail County Planning Commission c/o Land and Resource Management Government Services Center 540 Fir Avenue West Fergus Falls, MN 56537 Via e-mail only: land@co.ottertail.mn.us Re; Commercial PUD proposal for Indian Lake by Lien/Budke Dear Planning Commission Members: I am writing you on behalf of my clients, Leon and Cindy Keller, who own land on the east shore of Indian Lake (Parcel No. 13000220142002) less than half a mile from the proposed development (as the crow flies). They are opposed to the granting of a conditional use permit because of the project’s likely adverse and significant impact on the environment. I believe Mr. Keller is prepared to address those concerns in remarks to the Commission at its meeting on Wednesday evening, July 13, 2022, but has requested I write you concerning two matters more of a legal nature that we believe need to be addressed on a preliminary basis. The only way into the property which is the subject matter of the permit application is off of County Road 33 to the east, over property now owned by Anthony D. and Kali A. Peterson. I have spoken to Mr. Peterson and also examined his abstract and reviewed a copy of an owner’s title insurance policy issued to the Petersons on July 1,2021, a copy of which policy is attached. The title insurance policy and the abstract reflect the fact that there is no recorded easement over the Peterson property that provides access to the property now owned by Alan and Deborah Lien. In the context of the County’s Subdivision Control Ordinance, the proposed development of the property, described by metes and bounds, would fail as it is without township approved public road access. Section VII, H 2 It should also form the basis for the application to be denied at this time. Even if the access issue could be resolved, a mandatory EAW is required. The application proposes six cabins and 20 camper sites, for a total of 26 units or sites. Since Indian Lake is classified as a natural environment lake, the shoreline constitutes a “sensitive shoreland area" under Minnesota Rules, Part 4410.0200, Subp. 79a.A. Rule Minnesota .State Bar AsscR-iation Hoard Certified Real I'ropertx Specialist Baltic Lake OITicc Hours: Available by Appointiuenl State Farm Insuruiiec Bldg. 2I.‘>66 State Hwy 78 otter Tail County Planning Commission July 12, 2022 Page 2 4410.1000, Subp. 2, states an EAW “shall be prepared for any project that meets or exceeds the thresholds of any of the EAW categories listed in part 4410.4300." Rule 4410.4300, Subp. 1 provides that [a]n EAW must be prepared for projects that meet or exceed the threshold of any of subparts 2 to 37... ” Subpart 20a states, as to “Resorts, campgrounds, and RV parks in shorelands:” The local governmental unit is the RGU for construction or expansion of a resort or other seasonal or permanent recreational development located wholly or partially in shoreland, accessibly by vehicle, of a type listed in item A or B: A. construction or addition of 25 or more units or sites in a sensitive shoreland area or 50 units or sites in a nonsensitive shoreland area if at least 50 percent of the area in shoreland is common open space; or B. construction or addition of 15 or more units or sites in a sensitive shoreland area or 25 or more units or sites in a nonsensitive area, if less than 50 percent of the area in shoreland is common open space. It is important to note that the regulation specifically refers to “units or sites," making it clear that there should be included in the count both the six cabins and 20 camper sites With 26 proposed units or sites in a sensitive shoreland area, the regulations mandate an EAW be completed if the developer intends to proceed with the project as now proposed. Even if the developer offers to scale back the project to below either the 25 or 15 site thresholds (I have not determined which is applicable) so that an EAW is not mandated, there is ample reason for the County to order a discretionary EAW. Specifically, because of the nature or location of the proposed project, it may have the potential for significant environmental effects. Rule 4410.1000, Subp. 3.A grants a governmental unit with approval authority over a proposed project to make that determination and order an EAW. I believe the anticipated comments at Wednesday night’s hearing will clearly document the foregoing and I will not attempt to articulate what I think is better said by those directly impacted by the planned development. Based upon the foregoing it is my client's request that the application be denied since there is no recorded, township approveo access to the property. Only if such access is obtained should the matter proceed and then only after completion of an EAW and, potentially, an EIS. Thank you. otter Tail County Planning Commission July 12, 2022 Page 3 Sincerely 9uaJ!\ Robert L. Russell cc: Leon & Cindy Keller Anthony Peterson OWPIEB“S POLICY OF TITLE ll\ISUPAI\!CEPolicy Issuer;N. F. FIELD ABSTRACT COMPANY. LLC 12T SOUTH MILL STREET FERGUS FALLS, MN.56537-0000 PHONE: (218) 739-5476 Policy Number 05C“H ^0S73ST File Number: 33264 Issued by Old Republic National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage. not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title, This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) ,a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 4 Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 16121371-1 m Countersigned: 'muA utftorized Officer jir L icensed Agent PresidentBy SecretaryAttestORT Form 4309ALFA Owners Policy ot Title Insurcnce 6-i7X)6 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7, The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws: or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records |i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. 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: (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 (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10): or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to 1. (i) the occupancy, use, or enjoyment of the Land: (ii) the character, dimensions, or location of any improvement erected on the Land: (iii) the subdivision of land: or |iv) environmental protection:4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, isor the effect of any violation of these laws, ordinances, or govern mental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. (a) a fraudulent conveyance or fraudulent transfer: or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant: Page 2 CONDITIONS 1.DEFIf\imON OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity"; A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i)The term ’Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, suwivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A tor estate planning purposes. (iij With regard to (A). (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or “Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) “Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term “Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy, (h) “Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law, (i) "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 Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation 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 warranties in any transfer or conveyance of the Title. 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 obligation 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 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that 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. 5 DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, 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 covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters 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. It 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 that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, 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 to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. Page 3 CONDITIONS (con't) 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a| In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right 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 securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter 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. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that 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 of these records in the custody or control of a third party that 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 any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that 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 that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the 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. 8 DETERMINATION AND E)CTENT OF LIABILITY 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, (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 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 Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured, (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, adverse to the Title, as insured, (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 7 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 that were authorized by the Company up to the lime of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or contin ue any litigation. (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 10 REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' tees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. Page 4 CONDITIONS (con't) 11. UABIUTY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays 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 executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this__ policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy, (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13, RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. 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 and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17 CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to deter mine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 14, ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. 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 in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 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 $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CON TRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this Pages American Land Title Association Owner's Policy Adopted 6-;l7-<)6 SCHEDULEA Old Republic National Title Insurance Company 400 Second Ave South Minneapolis, MN 55401 Name and Address of Title Insuranoe Company; mm\Policy Number File Number; 7367 33264 Address Reference; xxx Cty Hwy 33 Fergus Falls, MN 56537 Amount of Insurance; Date of Policy; July 1,2021 at 10:00 AM Premium; 1. Name of Insured; Anthony D. Peterson and Kali A. Peterson 2: The estate or interest in the Land that is insured by this policy is; Fee Simple 3. Title is vested in- Anthony D. Peterson and Kali A. Peterson, as joint tenants 4. The Land referred to in this policy is described as follows; SEE EXHIBITAATTACHED HERETO Copyright 2006-2009 American Land Title Associatioa AO rights reserved. A ME RICAN UNjS TITLe A.SNOCIA7IONThe use of Ihis Forni is restricted toALTAIicensees and ALTAmembers in good stemding as of the date of use. All other uses are prohibited. Reprinted underlicense from the American Land Title Association. (33264 .PFD03264/30) SCHEDULE B File No.: 33264 Policy No.: 0X14067367 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason Of 1. Any facts, rights, interests or claims which are not shown by the public record but which could be ascertaiheid by an accurate survey of the land or by making inquiry of persons in possession thereof 2. Rights or claims of parties in possession not recorded in the public records. 3. Easements, liens or encumbrances or claims thereof, which are not shown by the public record. 4. Any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public record. 5. Taxes for the year 2021 in the amount of $868.00 are paid Property Identification Number 13-000-22-0138-000. 6. Highway Easernent filed for record May 25,1967 in Book 63 of MISC on Page 611. 7. Township Road Resolution filed for record on June 11,1985 as Document No. 638145. 8. This policy does not insure title tq any portion of the premiss lying below the high water mark of wetlands and Indian Lake or any rights in the adjoining water. Riparian rights are neither guaranteed nor insured. 9. Mortgage from Anthony D. Peterson and Kali A. Peterson, husband and wife to American Federal Bank, dated June 29, 2021, filed for record on July 1,2021 in Document Number 1261114, in the principal sum of $135,400.00. Copyright2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTAIicensees and ALTAmembers in good standing as of the date of use. All otheruses are prohibited. Reprinted under license from the American Land Title Association. A^irilCAN Ai.S'nCIATION ORT Fonn 4309B: ALTA Owner's Policy (6/17/06) Schedule B -1 (33264 .PFD/33264/31) EXHIBfTA File Number 33264 Policy Number 0X14067367 The Land referred to in this policy is described as fbllovys; All those f3arts of Government Lots 1,2, & 6 of Section 22, Township 132 North, Range 42 West of the 5th Principal Meridian, Dane Prairie Township, Otter Tail County, Minnesota described as follows; Commencing at the iron monument marking the Norfowest Comer of said Section 22; thence on an assumed bearing of South 01 degrees 55 minutes 58 seconds West on and along the west line of said Government Lot 1, a distance of 763.45 feet to the POINT OF BEGINNING; thence South 89 degrees 43 minutes 17 seconds East parallel with the south line of said Government Lots 1 & 2, a distance of 264.92 feet to a point on the east right of way line of Otter Tail County Highway No. 33; thence North 13 degrees 42 minutes 38 seconds We^ on and along the said east right of way line of Otter Tail County Highway No. 33 a distance of 59.86 feet to its intersection with the centerline of an existing public road; thence South 81 degrees 43 minutes 54 seconds East, on and along the said centerline of an existing public road, a distance of 517.37 feet; thence South 81 degrees 20 minutes 25 seconds East continuing on and along the said centerline of an existing public road, a distance of278.58 feet thence North 85 degrees 31 minutes 30 seconds East continuing on and along the said centerline of an existing public road, a distance of24.07 feet thence South 49 degrees 07 minutes 58 seconds East a distance of 872.56 feet to a point on the said south line of Government Lot 2, said point also being the intersection point of the south line of said Government Lot 2 and an existing ancient fence; thence South 02 degrees 29 minutes 03 seconds West, on and along the said existing ancient fence, a distance of 204.51 feet to an existing iron monument on the northerly high bank of Little Indian Lake; thence continuing South 02 degrees 29 minutes 03 seconds West a distance of 75 feet, more or less, to the shoreline of said Little Indian Lake; thence northwesterly and southwesterly, on and along the said shoreline of Little Indian Lake, a distance of 1255 feet, more or less, to its intersection with a line mnning parallel with and 640.00 feet distant measured at a right angle, southerly from the said south line of Government Lot 1; thence North 89 degrees 43 minutes 17 seconds West parallel with the said south line of Government Lot 1, a distance of 100 feet more or less, to its intersection with the easterly shoreline of Indian Lake; thence northwesterly, on and along the said easterly shoreline of Indian Lake, a distance of 1272 feet more or less, to its intersection with the said west line of Government Lot 1; thence North 01 degrees 55 minutes 58 seconds East on and along the said west line of Government Lot 1, a distance of 60 feet, more or less, to an iron monument in the centerline of an existing gravel driveway; thence continuing North 01 degrees 55 minutes 58 seconds East on and along the said west line of Government Lot 1, a distance of 376.00 feet to the point of beginning. The above described tract is subject to the Otter Tail County Highway No, 33 easement as described and recorded in Book 63 on Page 611 in the Office of the County Recorder and is also subjectto an existing public road over, along, and across its most northerly side. ALTA Owner's Policy ExhibitA (33264PFDO3264/30) Amy Busko Otter Tail County Land Tuesday, July 12, 2022 11:54 AM Amy Busko FW: Stone Creek Barn, LLC - Application for Commercial PUD Letter to Otter Tail County Planning Commission.pdf From: Sent: To: Subject: Attachments: Please see email below. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 1 Office 218-998-8095 ottertailcountvmn.us OTTER TAILCOUNTY-MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Jan Schwartz <j2in@kaler-doeling.com> Sent: Tuesday, July 12, 2022 11:50 AM To: Otter Tail County Land <land@co.ottertail.mn.us> Cc: Asa Burck <asa(®kaler-doeling.com>; robert(g)russelllawoffice.com Subject: Stone Creek Barn, LLC - Application for Commercial PUD I You don't often get email from ianOkaler-doeling.com. Learn why this is important f'Wease see the attached letter on behalf of my clients, Charles and Deborah Revering. * i Jan Ja n Scfn va rtz/Ta ra Cega ( XaCer Doet'ing, TLLT 3429 Interstate 'BfvcC. S. TO Tox 9231 JargOy JW 58103 (701) 232-8757 1 Kaler Doelbng, pllp Gene W. Doeling* Kip m. Kaler* Asa k. Burck* Patrick j. Sinner* John M. Krings Jr. * Brad A. Sinclair - Retired *Licensed in nd & MN 3429 INTERSTATE BLVD. P.O. Box 9231 FARGO, ND 58106 (701)232-8757 FAX (701) 232-0624 July 12,2022 Otter Tail County Planning Commission 540 West Fir Avenue Fergus Falls, MN 56537 Re: Stone Creek Bam, LLC - Application for Commercial PUD To Whom It May Concern, I am writing to you on behalf of Charles and Deborah Revering who reside on Indian Lake in Dane Prairie, Otter Tail County, MN. Indian Lake is designated as a Natural Environment lake by the Minnesota Department of Natural Resources (“DNR”). It is also directly implicated in Stone Creek Bam, LLC’s (the “Developer”) application for a conditional use permit to construct a commercial planned use development (“PUD”) on the real property currently owned by Alan and Deborah Lien. It is my understanding that my clients will personally address their concerns at the Otter Tail County Planning Commission meeting to be held July 13,2022. The Developer’s Proposed PUD is inappropriate for the current location for a number of reasons. Section 3, Subp. 9(1) of the Shoreland Management Ordinance of Otter Tail County provides sixteen factors that the Planning Commission should consider when analyzing an application for a conditional use permit. They are as follows: 1) Compatibility with the surrounding area; both on land and water. 2) Environmental impact, including soils, topography, vegetation (land and water), fish, and wildlife. 3) Any hazards that may be created; both on land and water. 4) Density and location of development. 5) Suitability of the area, in its existing state, for the proposed use. 6) Near shore water depth. 7) Sensitive Areas may be protected through the use of Natural Environment Standards. 8) Adequate parking and traffic control. 9) Amount of noise generated. 10) Hours of proposed use. Otter Tail County Planning Commission July 12, 2022 Page two 11) Lighting. 12) Signage (number, size, lighting, and location). 13) Time frame and/or phasing. 14) Adequate lot area and water frontage for the proposed use. 15) Minimal change in the existing topography necessary to allow for the proposed use. 16) Any other possible adverse effects of the proposed Conditional Use Application and what additional requirements may be necessary to prevent such adverse effects. As a starting point, the PUD is simply incompatible with the current use of the property. The property is currently classified as residential homestead of approximately 47.40 acres. However, nearly half of that acreage consists of an unnamed lake or pond rendering that acreage unusable for development. Much of the rest of the property is believed to be wetlands, whether or not it is currently classified as such, leaving only a very small portion of the property fit for construction or development. This appears to be consistent with the Developer’s Proposed Improvements which place nearly all of the improvements in a narrow band of land consisting of just 310,147 sq. ft. of useable area. As noted above, Indian Lake has been classified by the Minnesota DNR as a Natural Environment lake. These are described as “[gjenerally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use.” (https://www.dm'.state.mn.us/waters/watermgmt section/shoreland/lake shoreland classification s.html). Nor does Indian Lake have a public access, meaning that it is not stocked by the DNR. This creates a very real risk of overfishing. Indian Lake is currently surrounded by single family dwellings and farmland. The proposed plans would change this by converting the property from one single-family residential homestead to a commercial PUD which would have the effect of more than tripling the number of units on Indian Lake from 11 to 37. These are in addition to the nearly 300-person capacity of the proposed event center. Although the Interstate Engineering Memo appears to imply that the cabins and campsites will be for the use of the guests, there is no indication that a guest’s attendance at an event center event is a prerequisite to obtaining a cabin or campsite. Further, given the ratio of campsites to cabins, as well as the venue’s proximity to Fergus Falls, it is suspected that the Developer, or its assigns, will operate the event center and resort/lodgings largely independently of each other. Another factor the Commission should consider is the water frontage of the subject property. The Proposed Improvements are silent as to the size of the waterfront. This writer attempted to determine a rough estimate of the footage using the Otter Tail County GIS maps and estimated that there is approximately 630 feet of Indian Lake waterfront property on the Otter Tail County Planning Commission July 12,2022 Page three main parcel. However, nearly half of this would be imsuitable for the property’s proposed use in that it consists of vegetation and tree cover that would be necessary to reduce the visibility of the property. In addition, most of that waterfrontage consists of a narrow band running parallel to the road servicing the property. This leaves around 300 feet of available waterfrontage which would make it one of the smallest parcels, frontage wise, currently on the lake while simultaneously being the densest parcel. Nor does the Proposed Improvements provide any data as to the near-shore depth of the lake. The Reverings, being familiar with the lake, note that much of the near-shore lake is shallow and as the subject property is located within a small bay, the Reverings estimate that the lake is only 4 feet deep for a considerable distance from the shore. Finally, the Reverings are concerned about the amount of noise that is expected to be generated by the commercial PUD. As noted, the entirety of Indian Lake currently consists of agricultural land and residential dwellings. As a small lake, approximately 160 acres in total area, noise from the Developer’s guests will carry to all of the neighboring properties. The very nature of the proposed use (campsites and an event center specializing in weddings) will generate excessive noise that will severely diminish the neighbors’ use and enjoyment of their property. In summary, the Reverings respectfully request that the Commission deny the Developer’s request for a conditional use permit to convert the single-family residential homestead into a commercial PUD. This planned use is simply inappropriate given its size and scope, along with the sensitive Natural Environment lake. Sincerely, Asa K. Burck Attorney at Law Amy Busko Otter Tail County Land Monday, July 11, 2022 8:10 AM Amy Busko FW: 18601 Co Hwy 33 Stone Creek Barn.docx 1 From: Sent: To: Subject: Attachments: Please see attached email. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountvmn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message From: Charlie Smith <charlie.g.smith3@gmail.com> Sent: Saturday, July 9, 2022 10:22 PM To: Otter Tail County Land <land(®co.ottertail.mn.us> Subject: 18601 Co Hwy 33 You don't often get email from charlie.Q.smith3@amail.com. Learn whv this is important ^^Prlease see the attached letter regarding the conditional use permit application request on Indian Lake. Thank you! 1 To the Otter Tail County Planning Commission, concerning the request for creation of the Commercial Planned Unit Development at 18601 Co Hwy 33 Fergus Falls, MN 56537 I would like to thank you for your service on this planning board, I think what you do is absolutely vital in making Otter Tail County a desirable place to spend time. I would also like to ask that you do not grant the applicant's request. I have several reasons that this location is a poor spot for this type of venue, but the main reason this letter will focus on is that Cory & Teresa Budke do not have the capacity to give this property the attention required to keep it well maintained. Cory & Teresa own no less than 6 rental home properties in the city of Fergus Falls, Wee Villa Resort which holds about 75 RV's, and a vacation rental property in Florida, not to mention the excavation and septic business. I personally live next door to one of the rental houses in Fergus Falls. I have lived here since 2015, Cory & Teresa bought the house next door in 2017. My wife and I have been disappointed with the lack of property maintenance, not to mention violation of city ordinances at this rental property. There was a massive tree in the back yard that had been dead long enough that all of the bark was gone, and it was dropping huge branches onto the neighboring yards, big enough to kill someone if they were under it. The last tenants were mowing and found a large yellow jacket hive in a rotting stump near my deck on his side of the property line, and got stung several times. I had to take care of the hive to protect my family from getting hurt. When the house was vacant in between tenants, the thistles in the back yard were 4 feet high, going to seed because he did not mow the lawn, or hire someone to do it. There were 8 foot tall trees growing out of the foundation of the house and detached garage. When he finally did cut the trees away from the foundation, Cory did not haul them away, so now there is a brush pile in the back yard. When the current tenants moved in, it was the middle of winter, and there had been no snow removal for months. On moving in day, I helped this family shovel out the driveway and sidewalks because they had no shovels. The current tenants of this property have installed a pad for their mobile fire pit that is within 6 feet of the house. The Fergus Falls Fire Department requires a recreational permit for this, and fires must be 25 feet from any structures. It is not even 25 feet away from my deck. His other properties are in a condition far from pristine. If you were to look at the 426 W Summit house, you would see the paint is peeling off, and they have parked on the front lawn so many times that someone just decided to put gravel down to avoid the city ordinance which prohibits parking cars on the grass. There are many things to maintain on a single property, and the Budkes are trying to juggle too many already. The land and water in the Indian lake neighborhood is being taken care of by the property owners, and they are doing a good job of it. It may be a different situation if Cory & Teresa planned to live at the campground. I know of many wonderful Minnesota resorts which are owned and operated by nice folks who live on site and keep things well maintained. This is not the kind of situation at Indian lake. Cory & Teresa want to change the makeup of the entire neighborhood, but they won't be living here to see that their campground tenants are being good stewards of the land and water. Tenants who, by and large, will not be Otter Tail County residents. There are not enough places in this county that are so beneficial to natural habitat. I beg you not to allow the destruction of this beautiful corner of nature. The way that Cory & Teresa have gone about planning this development has also been very covert. It is downright rude to make plans that will triple the number of landowners on this lake without contacting a single neighbor to ask how they might feel about the idea. The sellers of the property did not even know about his plans. This is not the standard to which we should hold property owners in Otter Tail County. I want to thank you for holding a hearing so that the people of this neighborhood can have a voice, this is an essential pillar of our democracy. I urge you to strongly consider the impact this venue would have, and not make a quick decision that will have rippling effects for decades to come. The "About" page of the Otter Tail County Website says "First and foremost. Otter Tail County serves its citizens." We, your voting and tax-paying citizens are asking you to listen to our concerns, and say no to this development. I write this letter on behalf of not only myself,-but a group of deeply concerned constituents in the neighborhood. Sincerely, Charlie Smith and the neighbors of Indian Lake Ron Anderson Pauline Anderson Kathy Burgau Terry Burgau Shawn Christmann Matt Davis Melissa Davis Jenny Johnson Leon Keller Cindy Keller Gregory Krautbauer Lois Krautbauer Molly Leinen Scott Leinen Jason Mark Lindsay Mark Ron Melby Scott Murphy Glen Noyes Kristie Noyes Anthony Peterson Mark Peterson Kristy Peterson Dan Revering Charlie Revering Charles Revering Charlie Smith Elizabeth Smith Brady Speicher ■ Bob Stout Paul Talley Marsha Talley Rud Wasson Timmy Wasson Marie Murphy Amy Busko Otter Tail County Land Monday, July 11, 2022 8:21 AM Amy Busko FW: Indian Lake Public Hearing v From: Sent: To: Subject: Please see email below. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountvmn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Dan Hurner <hurner.37@gmail.com> Sent: Sunday, July 10, 2022 3:33 PM To: Otter Tail County Land <land(®co.ottertail.mn.us> Subject: Indian Lake Public Hearing You don't often get email from hurner.37@amail.com. Learn why this is importantI To whom it may concern; I'm writing in regards to the public hearing coming up this Wednesday, July 13 2022, especially concerning the agenda item for potential development on Indian Lake by the Stone Creek Barn LLC (Cory and Teresa Budke). I wish to make clear that I hold no grudge against the Budkes. I would speak against this development. I wish to be clear that I hold no grudge against the Budkes and I regret that I won't be able to attend in person, but would like to express a few concerns I have. First and foremost, Indian Lake has never had a significant amount of recreational boat traffic. A number of people have been able to launch smaller boats (like canoes, kayaks, and boats with smaller motors) onto the lake, but seeing watercraft of any kind on the lake is very rare. The limited access makes Indian Lake unique in our area, allowing it to become a more rustic place to fish and a place for residents to enjoy a properly quiet lake. If a boat access is put in on Indian Lake, I'm concerned what impact motorized boats will have on shoreline erosion - especially where Hwy. 33 meets the lake. Secondly, Co. Hwy 33 is already a fairly busy and dangerous road. While very scenic, there's almost no shoulder, the potholes after the spring thaw are tremendous, there's limited areas to pass other vehicles, and it weaves through and around a variety of woods and lakes. A development like the one proposed will increase road traffic in our area, making 1 this a more dangerous road to use - and this is assuming that everyone coming to/from this venue isn't intoxicated after a night of partying or a weekend of relaxing by a lake. This is a significant concern to myself and my family as we live in close proximity to Hwy 33 and use it on a daily basis. Third, I'm concerned about what a development like this is going to do to the value of my property. While my parcel of land isn't directly adjacent to this proposed development. I'm still close enough to be impacted when it comes to the resale value of my home. Additionally, the noise that is generated from resorts/venues like this can be tremendous, making it less than ideal to live nearby. I recognize that my family is not the only ones to live in the area - it's a wonderful place to live, work, and share with others. We've grown to love our neighbors and appreciate the general shared respect we have for one another's privacy and desire to live quietly in rural Otter Tail County. Based on conversations with these neighbors, our general concern is that those who utilize this type of facility may not or will not share that same respect in return. Thank you for your time and consideration. Regards, Dan Hurner 2 Amy Busko Otter Tail County Land Tuesday, July 12, 2022 8:04 AM Amy Busko FW: Opposition to proposed 'Stone Creek Barn' IMG_0651.jpg; IMG_0653.jpg From: Sent; To: Subject; Attachments: Please see attached email. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us 9j OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Tyler Neumann <tyjene(g)yahoo.com> Sent: Monday, July 11, 2022 11:22 PM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Opposition to proposed 'Stone Creek Barn' I You don't often get email from tviene(5)vahoo.com. Learn whv this is important To those I hope will listen, I am writing to express my opposition to the proposed 'Stone Creek Barn' Commercial PUD under consideration before the Planning Commission on July 13th, 2022. As a 20 year homeowner directly across the road from the proposed 1 development I feel it is my obligation to voice my concerns. I hope these are met with understanding and empathy, as anybody would hope their concerns for their own neighborhood would be heard. ^While I encourage new business ventures, I strongly believe this is not the correct location for this type of development for ? several reasons. The main concern I have is County Highway 33. I hope you've had an opportunity to take a drive down Highway 33 at some point. If you have you know it's some of the most beautiful scenery in the county. Part of that scenery is because the highway follows the rolling hills and thick forests, it doesn't just cut through them. It's also in pretty tough shape, narrow and has very little room for error. Highway 33 has eleven 90 or near 90 degree corners in it's 8.3 mile run from State Highway 210 to County Road 35 just north of Dalton, MN. Most of those corners offer very little visibility of what's ahead on the road. It's constant elevation changes create many hidden dangers and potential accidents. Wildlife is abundant and hidden just off the roadway. Several horrible accidents have, in fact, already occurred. 1 I have been home and the first on the scene at two of these accidents as they both happened, or ended up rather, on my property. I had to call 911 both times. The driver of the first crash on my property remained unresponsive until medical professionals arrived. I've included photos of what was left on my property after the second accident. That one woke me up in bed. I went to the scene in my pajamas. The car took out a tree, tore through my fence and left a small debris field scattered over a couple hundred feet. I received no compensation for any damage to my property. t There was a tragic fatal accident where Highway 33 meets State Highway 210 not that long ago. Two people lost their \ lives and another will never live the same life they did before getting in the car that night. I knew the place they had just left. I know the road and the ease of which one can make a mistake on that road, with horrible results. These are but three examples out of many. All three involving intoxicants. I know this as fact. I strongly feel it would be irresponsible to allow the development of a venue that will create a ten-fold increase in drivers, many of whom could safely be presumed to be under the influence of intoxicants. This proposed development promotes itself as a 'wedding venue' with camping and cottages. As any lifelong Minnesotan knows, that means alcohol. Period. Highway 33 is not the fright road for this type of activity. I've seen the results firsthand. This proposed development also brings a few questions to mind: Will there be an owner or manger on site at all times when the property is occupied by customers that monitors alcohol consumption and prevents operation of motor vehicles? WII there be any sort of noise regulation that will deal with a dramatic increase in noise that a facility of that nature produces? WII Otter Tail County be able to provide more law enforcement on Highway 33 if this project is allowed to proceed? What type of specifics can be offered by the Otter Tail County Sheriff to local residents as to the potential increase in traffic, traffic accidents, and impaired drivers in our neighborhood? / Will Otter Tail County be willing and able to address the increase in wear to the surface of Highway 33? I On a personal note, I have enjoyed the beauty and peace that living at my home the past 20 years has provided me. I ' chose to live where I do because of the peace and quiet. Until recently the proposed development site was a typical farm home. I believe they had many dogs as I could hear them on any given evening barking away. I also believe living in the county affords you some 'rights' that you won't find in city limits. If the neighbor wants to have dogs barking, that's their choice. There is a big difference between a neighbor having loud animals or even a loud party once or twice a year and regularly scheduled large events. I will never speak against someone's right to express themselves however they see fit on their own property. The same cannot be said for a 'neighbor' proposing to build a large facility that accommodates a large crowd, late night, party atmosphere venue right across the road. That changes things. That provides a nuisance to all surrounding homeowners. I hope you can put yourselves into our shoes. This proposal is actually frightening. I have no desire to make any more emergency calls and provide any more assistance to people that end up crashed on my property in the middle of the night. Those of us who live here know the realities of Highway 33. Less traffic is needed more than anything. Thank you for your time and consideration on this matter. Sincerely, j^^.Neumann ^ 2 Amy Busko Otter Tail County Land Tuesday, July 12, 2022 8:12 AM Amy Busko fW: Letter to Planning Commission concerning development at 18601 Co Hwy 33^ Property Development - 18601 Co Hwy 33.pdf* From: Sent: To: Subject: Attachments: Please see email belo\w. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Marsha Talley <talley@prtel.com> Sent: Tuesday, July 12, 2022 6:54 AM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Letter to Planning Commission concerning development at 18601 Co Hwy 33 rt You don't often get email from talley@prtel.com. Learn whv this is important Monday, July 11, 2022 Dear Planning Commission Members: RE: Letter concerning the property development at 18601 Co Hwy 33, Fergus Falls As my child has attended the Prairie Wetlands Learning Center for the last two years, my husband and I have been exposed to a multitude of nature learning activities. One technique used by students to connect with the world around them involves using a sound map. A student begins with a paper with four quadrants. The learner listens to nature, and then records the sounds on the map by placing coded marks from the direction they were created. On any given day, singing birds, rustling leaves, croaking frogs, and swaying grasses are the prominent sounds logged onto such a sound map. Over the 17 years that we have lived here, there have been occasions where our sound map has included tones from the Indian Lake area. Some examples include roadway traffic, snowmobiles, dirt bikes, and jet skis. Living one mile from the Lien property, it has not been uncommon over the years to hear their barking dogs. 1 f We are concerned that the proposed venue at the Stone Creek Barn will create a noise pollution issue for J anyone who lives on Indian Lake and the surrounding area. Noise pollution (according to the CDC) is any * unwanted or disturbing sound in the environment that affects the health and well-being of humans and other living organisms. The ERA states that in the outdoors, 55 dB is the highest average level of noise that will I permit spoken conversation, sleeping, working, and recreation. Remember the barking dogs? They create a ' sound level from 80 to 90 dB!! Dance venue music (even when using sound limiters) will log in around 95 dB. If the noise pollution from a wedding dance will affect neighbors that live a mile away, imagine how V detrimental the sound will be for the people who live directly on the lake or those who border the proposed property. Finally, a good night’s sleep is impossible if the noise exceeds 30 dB. And since sound carries more i efficiently across a lake than it does across a meadow, the loss of a good quality night of sleep is looming for many in the area. r Kurt Fristrup, senior scientist for the National Park Service summarizes noise pollution with this statement, "It has the same effect on your hearing that fog has on your vision." With the addition of a campground, there will be increased traffic on the roads and on the water. The noise pollution, and just the overall commotion of having hundreds of additional people in the Indian Lake area, is bound to expand. In our world today, weddings, along with other types of gatherings, can occur on any day of the week, so the frustration of sustained dance music will not be reserved for Saturdays. This 'noise fog’ does have an effect on our health. Prolonged or excessive noise can increase stress levels, raise blood pressure, interfere with productivity, and disrupt sleep. Physical, emotional, and mental health will be affected. Sadly, these problems are more likely to cause long term problems for children than it will for adults. The families in the area of Indian Lake request that permission not be granted to begin work on this development. We feel that this Stone Creek Barn project is not appropriate for this location. Our desire is that the sound map of the next generation continues to be filled with the noises of nature-and of course, a few barking dogs.i>■ • Sincerely, Marsha Talley and the neighbors of Indian Lake Ron Anderson Pauline Anderson Dawn Anderson Greg Anderson Kathy Burgau Terry Burgau Shawn Christmann Matt Davis Melissa Davis Jackie Helena Jenny Johnson Leon Keller Cindy Keller Gregory Krautbauer Lois Krautbauer Molly Leinen Scott Leinen Ron Lindgren Sue Lindgren Jason Mark Lindsay Mark Ron Melby Scott Murphy Marie Murphy Glen Noyes 2 Kristie Noyes Anthony Peterson Mark Peterson Kristy Peterson Dan Revering Charlie Revering Charles Revering Debbie Revering Charlie Smith Elizabeth Smith Brady Speicher Bob Stout Paul Talley Marsha Talley Rud Wasson Timmy Wasson 3 Monday, July 11, 2022 Dear Planning Commission Members: RE: Letter concerning the property development at 18601 Co Hwy 33, Fergus Falls As my child has attended the Prairie Wetlands Learning Center for the last two years, my husband and I have been exposed to a multitude of nature learning activities. One technique used by students to connect with the world around them involves using a sound map. A student begins with a paper with four quadrants. The learner listens to nature, and then records the sounds on the map by placing coded marks from the direction they were created. On any given day, singing birds, rustling leaves, croaking frogs, and swaying grasses are the prominent sounds logged onto such a sound map. Over the 17 years that we have lived here, there have been occasions where our sound map has included tones from the Indian Lake area. Some examples include roadway traffic, snowmobiles, dirt bikes, and jet skis. Living one mile from the Lien property, it has not been uncommon over the years to hear their barking dogs. We are concerned that the proposed venue at the Stone Creek Barn will create a noise pollution issue for anyone who lives on Indian Lake and the surrounding area. Noise pollution (according to the CDC) is any unwanted or disturbing sound in the environment that affects the health and well-being of humans and other living organisms. The EPA states that in the outdoors, 55 dB is the highest average level of noise that will permit spoken conversation, sleeping, working, and recreation. Remember the barking dogs? They create a sound level from 80 to 90 dB!! Dance venue music (even when using sound limiters) will log in around 95 dB. If the noise pollution from a wedding dance will affect neighbors that live a mile away, imagine how detrimental the sound will be for the people who live directly on the lake or those who border the proposed property. Finally, a good night’s sleep is impossible if the noise exceeds 30 dB. And since sound carries more efficiently across a lake than it does across a meadow, the loss of a good quality night of sleep is looming for many in the area. Kurt Fristrup, senior scientist for the National Park Service summarizes noise pollution with this statement, "It has the same effect on your hearing that fog has on your vision." With the addition of a campground, there will be increased traffic on the roads and on the water. The noise pollution, and just the overall commotion of having hundreds of additional people in the Indian Lake area, is bound to expand. In our world today, weddings, along with other types of gatherings, can occur on any day of the week, so the frustration of sustained dance music will not be reserved for Saturdays. This ‘noise fog’ does have an effect on our health. Prolonged or excessive noise can increase stress levels, raise blood pressure, interfere with productivity, and disrupt sleep. Physical, emotional, and mental health will be affected. Sadly, these problems are more likely to cause long term problems for children than it will for adults. The families in the area of Indian Lake request that permission not be granted to begin work on this development. We feel that this Stone Creek Barn project is not appropriate for this location. Our desire is that the sound map of the next generation continues to be filled with the noises of nature-and of course, a few barking dogs. Sincerely, Marsha Talley and the neighbors of Indian Lake Ron Anderson Pauline Anderson Dawn Anderson Greg Anderson Kathy Burgau Terry Burgau Shawn Christmann Matt Davis Melissa Davis Jackie Helena Jenny Johnson Leon Keller Cindy Keller Gregory Krautbauer Lois Krautbauer Molly Leinen Scott Leinen Ron Lindgren Sue Lindgren Jason Mark Lindsay Mark Ron Melby Scott Murphy Marie Murphy Glen Noyes Kristie Noyes Anthony Peterson Mark Peterson Kristy Peterson Dan Revering Charlie Revering Charles Revering Debbie Revering Charlie Smith Elizabeth Smith Brady Speicher Bob Stout Paul Talley Marsha Talley Rud Wasson Timmy Wasson Amy Busko Otter Tail County Land Tuesday, July 12, 2022 8:43 AM Amy Busko From: Sent: To: Subject: Please see email below. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountvmn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Charles Revering <charles.revering@hotmail.com> Sent: Tuesday, July 12, 2022 8:42 AM To: Otter Tail County Land <land(®co.ottertail.mn.us> Subject: CUP at 18601 Co. Hwy 33. PCA Rule 7081.0160 It I You don't often get email from charles.reverina@hotmail.com. Learn why this is importantI Good Morning, I am emailing you regarding a property that could potentially be used for commercial use. I see there is an existing septic and drain field to the south of the existing home which is less than 500 feet from a public water source, the water source being a Natural Environment Lake(lndian Lake). There is also an existing manure pit on the property that also lies within 500 feet of Indian Lake. With the change of use of the property and the potential construction I would imagine this would fall under the MPCA rule 7081.0160 Preliminary Evaluation, namely sections F, I and H. I only ask as a concerned citizen and user of the lake that this be evaluated, and a preliminary assessment of phosphorus be conducted to ensure there is no future contamination to the natural eco-system that already exists in this lake. Thank you for your time and consideration. -Charlie Revering 1 Amy Busko Otter Tail County Land Tuesday, July 12, 2022 11:00 AM Amy Busko Stone Creek Barn LLC From: Sent: To: Subject: Please see email below. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. .....Original Message----- From: farm.johnson@gmail.com <farm.johnson@gmail.ccfm> Sent: Tuesday, July 12, 2022 10:34 AM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Stone Creek Barn LL(? [You don't often get email from farm.johnson@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] r I am writing this email to express my concerns regarding the Stone Creek LLC project. This project will be located directly ^ across highway 33 from my home. I have several concerns but first and foremost would be the impact this project would ^ have on the class 5 wetland that the proposed cabins would be located. This is a 20 acre public water wetland that is the home of several different species of wildlife and aquatic vegetation, including natural wild rice aquatic beds. Even though this public water is not big enough to have a shoreline management classification, it certainly reflects the ^ qualities of a natural environment water basin and the aquatic vegetation is protected under Minnesota State Statute(84.091); for this reason I feel that we need to have a EAW done on this project so we can fully understand the ramifications it could have on this valuable resource. ^ My second concern would be the loss of property value in our neighborhood. We have worked hard to own a home in " rural Minnesota, and this commercial project would jeopardize our peaceful community. The increased traffic, noise pollution, potential wetland pollution, health concerns, and public safety are all concerns our community has. I % recommend you to vote against zoning this property commercial. We all need to do our jobs to protect our wildlife and r community. 1 Sincerely, Ipavid andJerm^ 2 Amy Busko Otter Tail County Land Tuesday, July 12, 2022 11:00 AM Amy Busko FW: Conditional Use Permit Public Hearing July 13, 2022 image002.png; doc15504120220712091607.pdf; Letter to Planning Commission - MCD.docx From: Sent: To: Subject: Attachments: Please see email below. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us m OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Matt Davis <otterods(S)gmail.com> Sent: Tuesday, July 12, 2022 10:39 AM To: Otter Tail County Land <land(®co.ottertail.mn.us> Subject: Conditional Use Permit Public Hearing July 13, 2022 You don't often get email from otterods(a)amail.com. Learn whv this is important Ftease see attached copy of Notice Of Public Hearing and Letter To Planning Commission. Matt Davis ...........Forwarded message---------- From: Davis, Matt C. <Matt.Davis(Qquanex.com> Date: Tue, Jul 12, 2022, 10:35 AM Subject: Conditional Use Permit Public Hearing July 13, 2022 %To: Matt Davis <otterods(5)gmail.com> 1 a — Matt Davis PRODUCT INNOVATION MANAGER a22lf N 9th St Wahpeton, ND 58075 QUANEX.COM P: 1 701.671.1846 C: 1 701.640.9102 a — ***The information contained in this message, including but not limited to any attachments, may be confidential, may be protected by the attorney-client or work-product privileges, and may constitute material non-public information. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this iiiessage in error, please (i] do not read it or open ajiy attachments, (ii) reply to the sender that you received the message in error, and (iii) immediately erase or destroy the message and any attachments or copies. Any disclosure, copying, distribution or reliance on the contents of this message or its attachments is strictly prohibited, and may be unlawful. You are hereby notified that the securities laws of the United States prohibit any person who has material, non-public information from purchasing or selling securities in reliance on such information, or from communicating such information to any other person or entity under circumstances in which it is reasonably foreseeable that such person or entity is likely to purchase or sell such securities in reliance upon such infonnation. Unintended transmission does not constitute waiver of the attorney-client privilege or any other privilege. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means. 2 July 12, 2022 Otter Tail County Planning Commission Public Hearing July 13, 2022 for a conditional use permit application by Stone Creek Barn, LLCRE: Property located at 18601 County Highway 33, Fergus Falls, MN Dear OTC Planning Commission: Thank you for the opportunity to provide input regarding the permit application for the listed property on County Highway 33. I appreciate being afforded the privilege of having my voice heard. As a property owner in close proximity to the proposed venue I would humbly request that this permit application be denied. I grew up in Effington Township between Vining and Parkers Prairie. In the mid 90's, after the passing of a few of the neighborhood farmers, their land was purchased and the property was turned into the Runestone Amphitheater. This was situated directly across County Highway 65 from my family homestead. This venture did not last long and that was of great relief to the neighborhood. The noise, and the significant upswing in traffic, were not welcomed. Even with our house being over a half a mile away as the crow flies, a concert was a significant disturbance. Not to mention the music at non- publicized, off hour, times. The former venue was then purchased by someone with significant financial means and we looked forward to normalcy. This new owner promptly built a significant compound with an enormous house, multiple large buildings, a race track oval, and a drag strip. Once again, the property became a noise nuisance for the neighborhood. In addition to the racing, ties to the Alexandria police department facilitated automatic gun fire and explosions that could happen at any hour, including after dark. The property has most recently transitioned into Inspiration Point Christian Camp. The noise nuisance is now gone by and large, but the traffic nuisance has returned. There were well over a hundred cars there this past weekend. My parents still own the homestead located to the east and we also have hunting property directly bordering to the south. I tell this story as an example of what I see when I look at the Budkes plan for my neighborhood. I not only see the issues that come with this owner, as my wife and others will be pointing out, but I see the future issues the property will create. Once this property converts from a residential property to an event venue, it will never go back to being residential. The quiet rural area I grew up in has spent the last 25+ years being louder and more trafficked than I ever imagined it would be. The only parties interested in property with cabins and an event venue are parties that intend to use it as such. It will not be affordable or practical for it to revert back to a private residence. And this neighborhood will be forever changed. My wife and I chose to relocate to a quiet area on purpose. I didn't love the house, I loved the location. It is easy to change the house if you're not satisfied. But you can't just create the location you desire. Being the last property on a dead end road in a very quiet rural area was the primary draw for the two of US. And every day I am grateful that we have that. I do not want that to change and I respectfully request that you deny the Budkes the permit application. Thank you again for the opportunity to address the commission and express my concerns. Sincerely, Matt Davis 19247 Mill Drive Amy Busko Otter Tail County Land Thursday, July 7, 2022 2:46 PM Amy Busko FW: Proposed development on Indian Lake in Dane Prairie Township From: Sent: To: Subject: , .# Please see email below. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Molly Leinen <leinenmolly(5)gmaiLcom> Sent: Thursday, July 7, 2022 2:21 PM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Proposed development on Indian Lake in Dane Prairie Township I You don't often get email from leinenmollv@Qmail.com. Learn why this is important My husband has been in contact with BIA and the office of MN Department of Archaeology in regard to the development on the north side of the lake. We believe there may be Indian mounds and know there is wild rice in the * proposed development acreage. s, 1 (rvAmy Busko uvrv Emma Barry Tuesday, July 5, 2022 8:08 AM Amy Busko FW: Public Comments From: Sent: To: Subject: Please see email below Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us 9j OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Brady Speicher <bspeicher@isd542.org> Sent: Friday, July 1, 2022 8:56 PM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Public Comments [You don't often get email from bspeicher@isd542.org. Learn why this is important My name is Brady Speicher, I live at 18739 County Flighway 33.1 will be present at the July 13th meeting and would like to make comments about agenda item 3, Stone Creek Barn LLC. Brady Speicher Social Studies Head Cross Country and Boys Track Coach Battle Lake Public School 402 Summit St W, Battle Lake, MN 56515 1 Amy Busko Otter Tail County Land Tuesday, July 12, 2022 12:00 PM Amy Busko FW: Public Hearing in regards to Stone Cceek Barn LLC (Corey & Teresa Budke) From: Sent: To: Subject: Please see attached email. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: StewnChristmant^<shawn.christmann(®agcountry.com> Sent: Tuesday, July 12, 2022 11:59 AM To: Otter Tail County Land <land(®co.ottertail.mn.us> Subject: Public Hearing in regards to Stone Creek Barn LLC (Corey & Teresa Budke) i:^ You don't often get email from shawn.christmann@aacountrv.com. Learn whv this is important To whom it may concern: I am writing in regards to the Permit Application request submitted by Stone Creek Barn LLC to be owned by Cory & Teresa Budke. I am opposed to the request and erection of this Commercial PUD. I live just a quarter of a mile south of the proposed site and I am not in favor of it whatsoever. I moved here from Fargo just 2 years ago, but the reason I moved was for the peace and quiet out here and I absolutely love it out here, as do my kids. I purchased my place of residence for not only myself, but for my kids and to be able to provide a place for them to hunt and fish and enjoy country living and everything that comes with it. The peace and quiet, the abundance of animals that come through our yard and everything else that comes with living in the country versus living in the city. Like I said, we've been here close to 2 years now and I only have my youngest son every other weekend, but to this day, he still comes out and he still makes the comment "I can't believe we live out here." I feel all of that can and will change if this venue and permit is approved to go through. The noise that comes with a venue like that is going to be immense and it's not just going to be on the weekends if they plan on having 6 cabins and 20 campsites, it's going to be all week long as they're going to want to maintain maximum capacity at all times. The 1 50und that travels on this quiet lake is amplified on a nice quiet night. I can hear neighbors across the lake just having a normal conversation at times, so you add in the loud music of the \wedding venue as well as people camping every night and playing their own music every night is going to be extremely loud. The current owners who live there now have several dogs and we can hear them barking constantly, so I can't imagine what it's going to be like when you get that many people into that small of an area and the amount of noise coming from that site/venue. We have a nice quiet lake and enjoy the peace and quiet on the lake. We don't have the constant boat traffic out here and I'm afraid that will change drastically if they plan on putting in water access. The changes the whole dynamics of the lake as well as the water quality, erosion, etc. People have lived out here a lot longer than I have and have enjoyed the peace and quiet and is the reason we all live out here. This is not that place for this kind of venue. I have many more concerns, but I am limited as I know this letter needs to be in by noon today and we are going to express our questions and concerns in more detail at the meeting. But I wanted to say that I am most definitely not in favor of this venue. Sending on behalf of myself, my 3 kids, and all the names of neighbors below who share in our opposition to this application request. Thank you for listening to our major concerns as residence of this area. Shawn Christmann Kaleb Christmann Kelly Christmann Kaden Christmann Ron Anderson Pauline Anderson Dawn Anderson Greg Anderson Kathy Burgau Terry Burgau Matt Davis Melissa Davis Jackie Halena Jenny Johnson Leon Keller Cindy Keller Gregory Krautbauer Lois Krautbauer Molly Leinen Scott Leinen Ron Lindgren Sue Lindgren Jason Mark Lindsay Mark Ron Melby Scott Murphy Marie Murphy Marie Murphy Glen Noyes Kristie Noyes Anthony Peterson 2 Mark Peterson Kristy Peterson Dan Revering Charlie Revering Charles Revering V. Debbie Revering Charlie Smith Elizabeth Smith Brady Speicher Bob Stout Paul Talley Marsha Talley Rud Wasson Timmy Wasson Shawn Christmann i Senior Credit Officer AgCountry Farm Credit Services Fargo, ND (701) 499-2609 Shawn.Christmann(S)agcountrv.com CONFIDENTIALITY NOTICE: This e-mail transmission may contain confidential information. This information is solely for the use of the individual(s) or entity to whom or which it was intended. If not an intended recipient, any review, copying, printing, disclosure, distribution or any other use is strictly prohibited. If you have received this email in error, please immediately notify the sender by reply e-mail.. Please delete this e-mail from your files if you are not the intended recipient. Thank you. This institution is an equal opportunity provider and employer. 3 Amy Busko Otter Tail County Land Tuesday, July 12, 2022 11:54 AM Amy Busko Creek Barn,Proposal on Indian Lake - Natural Environment Lake, Scenic Byway and OTC Shoreland Management Ordinance Issue Indian Lake - Natural Environment Lake, Scenic Byway and OTC Shoreland Management Ordinance issue.pdf From: Sent: To: Subject: Attachments: Please see email below. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4) This e-mail message, Including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Danny Revering 4danrevering62(a)gmail.com> Sent: Tuesday, July 12, 2022 11:53 AM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Stone Creek Barn Proposal on Indian Lake - Natural Environment Lake, Scenic Byway and OTC Shoreland Management Ordinance Issue You don't often get email from danreverina62@Qmail.com. Learn why this is important Hello, #lease consider the attached letter regarding the Stone Creek Barn Project. Sincerely, Dan Revering 7 1 To the Otter Tail County Planning Commission, concerning the request for creation of the Commercial Planned Unit Development at 18601 Co Hwy 33 Fergus Falls, MN 56537 My name is Dan Revering, I grew up and lived on Indian Lake at 18288 248’^ Ave, Fergus Falls MN 56537 until I was 22 years old and have lived in Fergus Falls, MN since. I kindly ask you to deny the request to build a commercial wedding venue & large campground at 18601 Co Hwy 33 Fergus Falls, MN 56537. There are many reasons why this is a poor location for this project. This letter will focus on the fact that the Stone Creek Barn and Wedding Venue is proposed to be built on a Natural Environment Lake, Indian Lake, that has no public access, along with being located on a scenic byway route in Otter Tail County. The area contains scenic, natural, cultural, historic and archaeological significance. When I was 7 years old, Charles Ario asked me if I would count loons and check water clarity of Indian lake and Larson Lake, in a canoe with a white disk and a rope. Over 10 years, we watched the clarity of the water get better and we counted many loons. It would be tragic to let the lake clarity diminish and the environmental conservation progress from all of us in the area go to waste. The repercussions from a commercial construction project are certainly plausible, including land erosion, sewage runoff, public safety or trash left from a party venue and commercial campground. The plan calls to move only 500 yards of dirt. 8 inches of topsoil from this area is 3,000 cubic yards alone They still to need cut and fill to grade, which makes their figure way low per a Minnesota Civil Engineer, not associated with the project. These factors could negatively affect the Natural Environment Lake and will change the natural look of the scenic byway of County Highway 33. Us community members have collectively taken care of this Natural Environment Lake for many decades. Further, one must consider the affect the proposed nearly 300-person venue will have on eco systems down-stream. Including, Swan Lake and Pomme De Terre Lake, which Indian Lake flows directly into. With access to Indian Lake, it will allow for more boats and activity on the lake. Erosion has already been seen with minimal traffic. With any additional boat traffic, erosion and additionally, pollution and public safety will be a severe issue. Last, the Otter Tail County Shoreland Management Ordinance, effective date July 1, 2021, SECTION 1, Subp. 2 PURPOSE AND INTENT, states; “it is, therefore, in the best interest of the public’s health, safety and general welfare to provide for the wise subdivision, use and orderly development of shorelands of public waters in an effort to prevent pollution and preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide the wise use of waters and related land resources of Otter Tail County.” The Stone Creek Barn and Wedding Venue project goes directly against the Shoreland Management Ordinance of Otter Tail County. Our families have worked very hard to take care of Indian Lake and preserve the scenic byway route in Otter Tail County. Soon, I will be living on the farm that I grew up on at Indian Lake. I know my family, my future children and the surrounding community members will all be negatively affected by this project. Commissioners, please say no to this commercial project. Sincerely, Ron Anderson Pauline Anderson Dawn Anderson Greg Anderson Kathy Burgau Terry Burgau Shawn Christmann Matt Davis Melissa Davis Jackie Helena Jenny Johnson Leon Keller Cindy Keller Gregory Krautbauer Lois Krautbauer Molly Leinen Scott Leinen Ron Lindgren Sue Lindgren Jason Mark Lindsay Mark Ron Melby Scott Murphy Marie Murphy Marie Murphy Glen Noyes Kristie Noyes Anthony Peterson Mark Peterson Kristy Peterson Dan Revering Charlie Revering Charles Revering Debbie Revering DigiSign Verified: 7hU7U721-4H74-47KK-872U-fdA4f6DI)f638 ADDENDUM TO PURCHASE AGREEMENT:COUNTEROFFER CentralMN This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2020 Minnesota Association of REALTORS®, Edina, MN REALTY June 4th, 20221. Date 2. Page 1 20223rdJuneAddendum to Purchase Agreement between parties, dated (Date of this Purchase Agreement), pertaining to the purchase and sale of the Property at 18601 County Highway 33 3. 4. MN 56537Fergus Falls5. This Counteroffer does not include the terms or conditions in any previous Counteroffer(s).6. This Counteroffer Addendum is valid only upon signature and delivery of the Purchase Agreement.7. The Purchase Agreement is rejected and the following Counteroffer is hereby made. All terms and conditions remain the same, as stated in the Purchase Agreement, except the following: (Select appropriate changes from original offer.) Purchase price (and corresponding FHA ESCAPE CLAUSE sale price, if applicable) shall be 269,900.00 8. 9. 10. 11. $12. I I Earnest money shall be a total of $ I I Cash of I I Mortgage financing of Closing date shall be. I I Seller agrees to complete all FHA/Lender required repairs, not to exceed $ I I Seller shall pay Buyer’s closing costs, prepaids, insurance and--------------- not to exceed $ 13. percent (%) of the sale price, which includes the earnest money. ___________percent (%) of the sale price. 14. 15. On or before 7/18/202216. 17. 18. percent (%) of the sale price.19.or [g OTHER; All contingencies to be removed within 10 days of final acceptance date.20. 21.Earnest money shall be non-refundable.22. 23. 24. 25. 26. — Authenti i .’ 06/0A/2022 27.06-04-2022 (Date)(Date)(Buyer)(Seller) Authentu I .1[^ehofro^lh. ittth.06/04/2022 28.06-04-2022 (Date)(Date) (Buyer)(Seller) The Final Acceptance DateFINAL ACCEPTANCE DATE: is the date on which the fully executed Purchase Agreement is delivered. ATTACH ONLY THE FINAL COUNTEROFFER ADDENDUM TO THE PURCHASE AGREEMENT. 29. 30. 31. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 32. 33. MN:APA:C (8/20)Minnesota Realtors TRANSACTIONS DigiSign Verified: 175051 B8-6t6X-48A3-8hB4-CC'4b;627334B4 RF/MAX AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONSSIGNATURE PROPERTIES 1. Page 1 MINNESOTA LAW REQUIRES that early in any relationship, real estate brokers or salespersons discuss with consumers what type of agency representation or relationship they desired” The available options are listed below. This is not a contract. This is an agency disclosure form only. If you desire representation you must enter into a written contract, according to state law (a listing contract or a buyer/tenant representation contract). Until such time as you choose to enter into a written contract for representation, you will be treated as a customer and will not receive any representation from the broker or salesperson. The broker or salesperson will be acting as a Facilitator (see paragraph IV on page two (2)), unless the broker or salesperson is representing another party, as described below. ACKNOWLEDGMENT: I/We acknowledge that I/we have been presented with the below-described options. I/We understand that until I/we have signed a representation contract, I/we am/are not represented by the broker/salesperson. I/We understand that written consent is required for a dual agency relationship. THIS IS A DISCLOSURE ONLY, NOT A CONTRACT FOR REPRESENTATION. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.06-03-2022 (Date)(Signature) (Date)(Signature) I. Seller’s/Landlord’s Broker: A broker who lists a property, or a salesperson who is licensed to the listing broker, represents the Seller/Landlord and acts on behalf of the Seller/Landlord. A Seller's/Landlord’s broker owes to the Seller/Landlord the fiduciary duties described on page two (2).'^> The broker must also disclose to the Buyer material facts as defined in MN Statute 82.68, Subd. 3, of which the broker is aware that could adversely and significantly affect the Buyer’s use or enjoyment of the property. (MN Statute 82.68, Subd. 3 does not apply to rental/lease transactions.) If a broker or salesperson working with a Buyer/Tenant as a customer is representing the Seller/Landlord, he or she must act in the Seller’s/Landlord’s best interest and must tell the Seller/Landlord any information disclosed to him or her, except confidential information acquired in a facilitator relationship (see paragraph IV on page two (2)). In that case, the Buyer/Tenant will not be represented and will not receive advice and counsel from the broker or salesperson. II. Buyer’s/Tenant’s Broker: A Buyer/Tenant may enter into an agreement for the broker or salesperson to represent and act on behalf of the BuyerTTenant. The broker may represent the Buyer/Tenant only, and not the Seller/Landlord, even if he or she is being paid in whole or in part by the Seller/Landlord. A Buyer’s/Tenant’s broker owes to the Buyer/Tenant the fiduciary duties described on page two (2).'^* The broker must disclose to the Buyer material facts as defined in MN Statute 82.68, Subd. 3, of which the broker is aware that could adversely and significantly affect the Buyer’s use or enjoyment of the property. (MN Statute 82.68, Subd. 3 does not apply to rental/lease transactions.) If a broker or salesperson working with a Seller/Landlord as a customer is representing the Buyer/Tenant, he or she must act in the Buyer’s/Tenant’s best interest and must tell the Buyer/Tenant any information disclosed to him or her, except confidential information acquired in a facilitator relationship (see paragraph IV on page two (2)). In that case, the Seller/Landlord will not be represented and will not receive advice and counsel from the broker or salesperson. III. Dual Agency - Broker Representing both Seller/Landlord and Buyer/Tenant: Dual agency occurs when one broker or salesperson represents both parties to a transaction, or when two salespersons licensed to the same broker each represent a party to the transaction. Dual agency requires the informed consent of all parties, and means that the broker and salesperson owe the same duties to the Seller/Landlord and the Buyer/Tenant. This role limits the level of representation the broker and salesperson can provide, and prohibits them from acting exclusively for either party. In a dual agency, confidential information about price, terms and motivation for pursuing a transaction will be kept confidential unless one party instructs the broker or salesperson in writing to disclose specific information about him or her. Other information will be shared. Dual agents may not advocate for one party to the detriment of the other.*®) Within the limitations described above, dual agents owe to both Seller/Landlord and Buyer/Tenant the fiduciary duties described below.*®' Dual agents must disclose to Buyers material facts as defined in MN Statute 82.68, Subd. 3, of which the broker is aware that could adversely and significantly affect the Buyer’s use or enjoyment of the property. (MN Statute 82.68, Subd. 3 does not apply to rental/lease transactions.) 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. MN:AGCYDICS-1 (8/19) Minnesota Realtors InstanetfORMS DigiSign Verified: 173()51BX-6b6X-4SA3-XbB4-CC'4E627334B4 AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS 48. Page 2 IV. Facilitator: A broker or salesperson who performs services for a Buyer/Tenant, a Seller/Landlord or both but does not represent either in a fiduciary capacity as a Buyer’s/Tenanfs Broker, Seller’s/Landlord’s Broker or Dual Agent. THE FACILITATOR BROKER OR SALESPERSON DOES NOT OWE ANY PARTY ANY OFTHE FIDUCIARY DUTIES LISTED BELOW, EXCEPT CONFIDENTIALITY, UNLESS THOSE DUTIES ARE INCLUDED IN A WRITTEN FACILITATOR SERVICES AGREEMENT. The facilitator broker or salesperson owes the duty of confidentiality to the party but owes no other duty to the party except those duties required by law or contained in a written facilitator services agreement, if any. In the event a facilitator broker or salesperson working with a Buyer/ Tenant shows a property listed by the facilitator broker or salesperson, then the facilitator broker or salesperson must act as a Seller’s/Landlord’s Broker (see paragraph I on page one (1)). In the event a facilitator broker or salesperson, working with a Seller/Landlord, accepts a showing of the property by a Buyer/Tenant being represented by the facilitator broker or salesperson, then the facilitator broker or salesperson must act as a Buyer’s/Tenanfs Broker (see paragraph II on page one (1)). 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. This disclosure is required by law in any transaction involving property occupied or intended to be occupied by one to four families as their residence. The fiduciary duties mentioned above are listed below and have the following meanings: Lovaltv - broker/salesperson will act only in client(s)’ best interest. Obedience - broker/salesperson will carry out all client(s)’ lawful instructions. Disclosure - broker/salesperson will disclose to client(s) all material facts of which broker/salesperson has knowledge which might reasonably affect the client(s)’ use and enjoyment of the property. Confidentiality - broker/salesperson will keep client(s)’ confidences unless required by law to disclose specific information (such as disclosure of material facts to Buyers). Reasonable Care - broker/salesperson will use reasonable care in performing duties as an agent. Accounting - broker/salesperson will account to client(s) for all client(s)’ money and property received as agent. If Seller(s)/Landlord(s) elect(s) not to agree to a dual agency relationship, Seller(s)/Landlord(s) may give up the opportunity to sell/lease the property to Buyer(s)/Tenant(s) represented by the broker/salesperson. If Buyer(s)/ Tenant(s) elect(s) not to agree to a dual agency relationship, Buyer(s)/Tenant(s) may give up the opportunity to purchase/lease properties listed by the broker. (1)61. 62. (2)63. 64. 65. 66. 67. 68. 69. 70. 71. (3)72. 73. 74. 75. 76. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 77. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be 78. obtained by contacting the local law enforcement offices in the community where the property is located, 79. or the Minnesota Department of Corrections at (651) 361 -7200, or from the Department of Corrections Web site at 80. www.corr.state.mn.us. MN:AGCYDISC-2 (8/19) Minnesota Realtors* InstonelFORMS DigiSign Veriticd: I 7303 I BS-0h6S-48A3-XbB4-CC 4h627334B4 BUYER REPRESENTATIONRE/MAX CONTRACT: EXCLUSIVESIGNATURE PROPERTIES This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2021 Minnesota Association of REALTORS®, Minnetonka, MN June 03, 20221. Date __ 2. Page 1 of J pages & Teresa BudkeDEFINITIONS; Buyer is cory Budke (“Buyer”).3. (e.g., indivldual(s), estate, trust, corporation, etc.) Broker is RE/MAX signature Properties_______________ (Real Estate Company Name) (“Broker”).4. Buyer gives Broker the exclusive right to locate and/or to assist in negotiations for the purchase, exchange of or option to purchase (“Purchase”) property at a price and with terms acceptable to Buyer. This Contract starts on December 31st, 2022 5. 6. June 3rd, 2022 , and ends at 11:59 P.M. on This Contract terminates upon successful closing of a property or expiration or cancellation of this Contract, whichever occurs first. 7. 8. 9. This Contract may only be canceled by written mutual agreement of the parties. BROKER’S OBLIGATION: Broker shall make a reasonable effort to locate property acceptable to Buyer. Broker shall use professional knowledge and skills to assist in negotiations for the Purchase of property. Broker shall assist Buyer throughout the transaction. Broker shall act in Buyer’s best interest at all times, subject to any limitations imposed by law or dual agency. Broker shall comply with all applicable fair housing and nondiscrimination regulations. BUYER’S OBLIGATION: Buyer shall work exclusively with Broker for the Purchase of property. Buyer shall promptly furnish to Broker accurate and relevant personal financial information to ascertain Buyer’s ability to Purchase property, if requested. Buyer shall cooperate with Broker in finding a property to Purchase. After a purchase agreement has been accepted by seller. Buyer is legally obligated to Purchase the property. If Buyer refuses to close the Purchase for any reason other than the failure of seller to perform, subject to relevant contingencies. Buyer shall pay Broker all compensation due under this Contract. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. THE COMPENSATION FOR THE PURCHASE, LEASE, RENTAL OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND THE BROKER’S CLIENT. BROKER’S COMPENSATION: (Fill in all blanks.) If Buyer, or any other person acting on Buyer’s behalf, agrees to Purchase any property during the term of this Contract, the following compensation will apply. 1. Buyer agrees to pay Broker a retainer fee of $ which fee shall be kept by Broker whether or not Buyer Purchases property. The retainer fee shall apply toward satisfaction of any obligation to compensate Broker. 2. Buyer shall pay Broker, as Broker’s compensation NOTICE:21. 22. 23. 24. 25. 26. at the commencement of this Contract,27. 28. 29. $335 + 2.5 percent (%) of the selling price or , whichever is greater, when Buyer closes the Purchase, if: 30. $31. A: Buyer Purchases or agrees to Purchase a property before the expiration of this Contract, even if Buyer does not use Broker’s services; or B: within property which either Broker or licensee representing Buyer has shown or exhibited to Buyer, or specifically brought to the attention of Buyer, before the expiration of this Contract, as long as Broker has identified this property on a written list Broker gives to Buyer within 72 hours after the expiration of this Contract. Broker is authorized to negotiate and receive compensation paid by seller, or broker representing or assisting seller. Broker must inform Buyer in writing before Buyer signs an offer to Purchase the property. Broker must inform Buyer in writing (utilizing Disclosure Statement: Compensation Disclosure to Buyer/Tenant or other written disclosure) the amount of compensation or the basis for computing the compensation before Buyer signs an offer to Purchase the property. MN;BRC:E-1 (8/21) 32. 33. days (not to exceed six (6) months) after the expiration of this Contract, Buyer Purchases34. 35. 36. 37. 38. 39. 40. 41. 42. Minnesota Realtors TD AMCArTirkMC L)igiSign Veritied: 17.^031 BX-6h6X-48A3-8bB4-CC4h627334B4 BUYER REPRESENTATION CONTRACT: EXCLUSIVE 43. Page 2 Buyer understands that Buyer does not have to pay Broker’s compensation if Buyer signs another valid buyer representation contract or facilitator services agreement after the expiration or cancellation of this Contract, under which Buyer is obligated to compensate another licensed real estate broker. 44. 45. 46. CAUTION: BUYER’S ACTIONS IN LOCATING A PROPERTY MAY AFFECT PAYMENT OF COMPENSATION BY SELLER(S) AND MAY THEREFORE OBLIGATE BUYER TO PAY ALL OR PART OF THE COMPENSATION IN CASH AT CLOSING. FOR EXAMPLE: THE ACT OF GOING THROUGH AN OPEN HOUSE UNACCOMPANIED BY BUYER’S BROKER OR LICENSEE REPRESENTING BUYER; OR SIGNING A PURCHASE AGREEMENT THROUGH ANOTHER BROKER OR WITH OWNER (FOR SALE BY OWNER) MAY REQUIRE BUYER’S PAYMENT OF THE FULL COMPENSATION TO BUYER'S BROKER. 47. 48. 49. 50. 51. 52. GENERAL NATURE OF PROPERTY: (Including the following property types; existing, new construction or to-be- built.) (Check all that apply.) 0 COMMERCIAL/INDUSTRIAL 0 RESIDENTIAL/INVESTMENT 53. 54. 55. □ RECREATION 0 VACANT LAND 0FARM □ RESIDENTIAL/PERSONAL 56. 57. CLOSING SERVICES: NOTICE: THE REAL ESTATE BROKER, LICENSEE REPRESENTING BUYER, OR REAL ESTATE CLOSING AGENT HAS NOT EXPRESSED AND, UNDER APPLICABLE STATE U\W, MAY NOT EXPRESS OPINIONS REGARDING THE LEGAL EFFECT OF THE CLOSING DOCUMENTS OR OF THE CLOSING ITSELF. After a purchase agreement for the property is signed, arrangements must be made to close the transaction. Buyer understands that no one can require Buyer to use a particular person in connection with a real estate closing and that Buyer may arrange for a qualified closing agent or Buyer’s attorney to conduct the closing. Buyer’s choice for closing services: (Check one.) 58. 59. 60. 61. 62. 63. 64. 65. 0 Buyer directs Broker to arrange for a qualified closing agent to conduct the closing. 1 I Buyer shall arrange for a qualified closing agent or Buyer’s attorney to conduct the closing. 66. 67. 68. (Buyer’s Initials)(Buyer's Initials) ADDITIONAL COSTS: Buyer acknowledges that Buyer may be required to pay certain closing costs, which may effectively increase the cash outlay at closing. 69. 70. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (“FIRPTA”): Section 1445 of the Internal Revenue Code provides that a transferee (“Buyer”) of a United States real property interest must withhold tax from the transferor (“Seller”) if the Seller is a foreign person and no exceptions from FIRPTA withholding apply. A Buyer is personally liable for the full amount of FIRPTA withholding tax required to be withheld unless the Seller furnishes Buyer with specific documentation ensuring Buyer is exempt from the withholding requirements as prescribed under 26 USC §1445. Due to the complexity and potential risks of failing to comply with FIRPTA, including the Buyer’s responsibility for withholding the applicable tax. Buyer should seek appropriate legal and tax advice regarding FIRPTA compliance, as Broker will be unable to assure Buyer that the transaction is exempt from the withholding requirements. 71. 72. 73. 74. 75. 76. 77. 78. PRIVATE INSPECTIONAYARRANTY: Broker recommends that Buyer obtain a private home inspection to satisfy himself/herself with the physical condition of the property. Furthermore, there are warranty programs available for some properties which warrant the performance of certain components of a property, which warranty programs Buyer may wish to investigate prior to the Purchase of any specific property. 79. 80. 81. 82. MN:BRC:E-2 (8/21) Minnesotc Realtors® TD AMCArriOMC DigiSign Verified: 175()51BS-6h68-4«A3-St:B4-C'C4t;627334B4 BUYER REPRESENTATION CONTRACT: EXCLUSIVE 83. Page 3 AGENCY REPRESENTATION: If the Buyer chooses to Purchase a property listed by Broker, a dual agency will be created. This means that Broker will represent both the Buyer and the seller, and owe the same duties to the seller that Broker owes to the Buyer. This conflict of interest will prohibit Broker from advocating exclusively on the Buyer’s behalf. Dual agency will limit the level of representation Broker can provide. If a dual agency should arise, the Buyer will need to agree that confidential information about price, terms and motivation will still be kept confidential unless the Buyer instructs Broker in writing to disclose specific information about the Buyer. All other information will be shared. Broker cannot act as a dual agent unless both the Buyer and the seller agree to it. By agreeing to a possible dual agency, the Buyer will be giving up the right to exclusive representation in an in-house transaction. However, if the Buyer should decide not to agree to a possible dual agency, and the Buyer wants Broker to represent the Buyer, the Buyer may give up the opportunity to Purchase the properties listed by Broker. Buyer’s Instructions to Broker: Having read and understood this information about dual agency, Buyer now instructs Broker as follows: 0 Buyer will agree to a dual agency representation and will consider properties listed by Broker. 1 I Buyer will not agree to a dual agency representation and will not consider properties listed by Broker. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. RE/MAX Signature PropertiesReal Estate Company Name:98. Buyer:99. Bto Tuit/’uivuw-Buyer:100. By: (Licensee) 101. Datp- 06-03-2022 102. OTHER POTENTIAL BUYERS: Buyer understands that other potential buyers may consider and/or make offers to 103. purchase through Broker the same or similar properties as Buyer is seeking to Purchase. Buyer consents to Broker 104. representing such other potential buyers before, during and after the expiration of this Contract. 105. PREVIOUS AGENCY RELATIONSHIPS: Broker, or licensee representing Buyer, may have had a previous agency 106. relationship with a seller of a property Buyer is interested in Purchasing. Buyer acknowledges that Buyer’s Broker, or 107. licensee representing Buyer, is legally required to keep information regarding the ultimate price and terms the seller 108. would accept and the motivation for selling confidential, if known. 109. TERMINATION OF FIDUCIARY DUTIES: Broker’s fiduciary duties, except the duty of confidentiality, terminate upon 110. Buyer’s successful closing of a property or expiration or cancellation of this Contract, whichever occurs first. 111. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory 112. offender registry and persons registered with the predatory offender registry under MN Statute 243.166 may 113. be obtained by contacting the local law enforcement offices in the community where the property is located 114. or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 115. www.corr.state.mn.us. 116. ENTIRE AGREEMENT: This Contract and all addenda and amendments signed by the parties shall constitute the 117. entire agreement between Buyer and Broker. Any other written or oral communication between Buyer and Broker, 118. including, but not limited to, e-mails, text messages, or other electronic communications are not part of this Contract. 119. This Contract can be modified or canceled only in writing signed by Buyer and Broker or by operation of law. All 120. monetary sums are deemed to be United States currency for purposes of this Contract. 121. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to 122. this transaction constitute valid, binding signatures. 123. CONSENT FOR COMMUNICATION: Buyer authorizes Broker and its representatives to contact Buyer by mail, phone, 124. fax, e-mail, text message or other means of communication during the term of this Contract and any time thereafter. Minnesota Realtors®MN:BRC:E-3 (8/21) TO AMC ArTinUC DigiSign Verified: 175()5IBS-6h6X-4XA3-XbB4-C'C4t:627334B4 BUYER REPRESENTATION CONTRACT: EXCLUSIVE 125. Page 4 126. OTHER: 127. 128. 129. 130. BUYER131. BROKER RE/MAX Signature Properties ACCEPTED BY:132. ACCEPTED BY: (Buyer's Signature)(Real Estate Company Name) R’liif/i TiikkiMw Cory Budke133. By: (Buyer's Printed Name)(Licensee's Signature) Bruce Fuhnnan134.06-03-2022 (Date)(Licensee's Printed Name) Cty Hwy 2731126135.06-03-2022 (Address)(Date) MN 56537Fergus Falls205 E Lincoln Ave136. (City/State/Zip)(Address) 218.731.6282MN 56537Fergus Falls137. (Phone)(City/State/Zip) budkeexcavating@yahoo.com218.531.0212138. (E-Mail Address)(Phone) bruce. £uhrman@reiaax .net139. (E-Mail Address) BUYER140. ACCEPTED BY:141. (Buyer's Signature) Teresa Budke142. (Buyer's Printed Name) 143.06-03-2022 (Date) Same144. (Address) Same145. (City/State/Zip) 218.731.4132146. (Phone) teresabudke@yahoo.com147. (E-Mail Address) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER AND BROKER. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 148. 149. Minnesota Realtors'^MN:BRC:E-4(8/21) DigiSign Veritied: 17505 1 BX-6h6S-4SA3-KbB4-C 1 4h627334B4 WIRE FRAUD ALERT Internet fraud — the use of Internet services or software with Internet access to defraud victims — is on the rise in real estate transactions. THESE SOPHISTICATED CRIMINALS COULD: • HACK INTO YOUR E-MAIL ACCOUNT or the e-mail of others involved in your real estate transaction and may direct you to wire money to the hacker’s account. • SEND FRAUDULENT E-MAILS that appear to be from your real estate licensee, lender, or closing agent. • CALL YOU claiming they have revised wiring instructions. I Buyers/Tenants and Sellers/Owners are advised to: (1) Never wire funds without confirming the wiring instructions directly with the intended recipient. (2) Verify that the contact information for the wire transfer recipient is legitimate by calling a known phone number for the broker or closing agent. Do not rely on the information given to you in an e-mail communication. (3) Never send personal information through unsecured/unencrypted e-mail. If you suspect wire fraud in your transaction: (1) Immediately notify your bank, closing agent, and real estate licensee. (2) File a complaint online at the Internet Crime Complaint Center (ICS) at http://www.ic3.gov. The undersigned acknowledge receipt of this wire fraud alert and understand the importance of taking proactive measures to avoid being a victim of wire fraud in a real estate transaction. 06-03-202206-03-2022 (Date)(Signature)(Date)(Signature) This form approved by the Minnesota Association of REALTORS': which disclaims any liability arising out of use or misuse of this form. © 2018 Minnesota Association of REALTORS®, Edina, MN Minnesota Realtors® MN-WFA (8/18) TO AMCArrinMC DigiSign Vcnticd: 17?()3 i B«-6t68-4XA3-8hB4-C'C4h627334B4 PURCHASE AGREEMENTRF/MAX This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2021 Minnesota Association of REALTORS®, Minnetonka, MN SIGNATURE PROPERTIES 202203June1. Date 2. Page 1 BUYER (S): cory Budke &3. Teresa Budke4. Buyer’s earnest money in the amount of Ten Thousand 5. 10,000.00Dollars ($6, shall be delivered to listing broker, or, if checked, toQ_____ ............................................—(“Earnest Money Holder")- Days after Final Acceptance Date. Buyer and Seller agree that earnest money shall be deposited in the trust account of Earnest Money Holder as specified above within three (3) Business Days of receipt of the earnest money or Final Acceptance Date, whichever is later. no later than two (2) Business7. 8. 9. 10. Said earnest money is part payment for the purchase of the property located at 18601 County Hwy 33_______________________________________ 11. Street Address; Fergus Falls 12. otter TailCity of State of Minnesota, Zip Code _, County of , legally described as 13, 5653714. See Attachment "A"15. Said purchase shall include all improvements, fixtures, and appurtenances on the property, if any, including but not limited to, the following (collectively the “Property”): garden bulbs, plants, shrubs, trees, lawn watering systems, in-ground pet containment systems (excluding collars); sheds; playsets; storm sashes, storm doors, screens, and awnings; window shades and blinds; traverses, curtain and drapery rods, valances, draperies, curtains, and window coverings and treatments; towel rods; attached lighting and bulbs; fan fixtures; plumbing fixtures; garbage disposals; water softeners; water treatment systems; water heating systems; heating systems; air exchange systems; environmental remediation systems (e.g., radon, vapor intrusion); sump pumps; TV antennas, cable TV jacks and wiring, and TV wall mounts; wall and ceiling speaker mounts; carpeting; attached mirrors; garage door openers and all controls; smoke detectors; doorbells; thermostats; all integrated phone and home automation systems, including necessary components such as intranet and Internet connected hardware or devices, control units (other than non-dedicated mobile devices, electronics, and computers) and applicable software, permissions, passwords, codes, and access information; fireplace screens, doors, and heatilators; ANY OF THE FOLLOWING, IF BUILT-IN: dishwashers, refrigerators, wine and beverage refrigerators, trash compactors, ovens, cook-top stoves, warming drawers, microwave ovens, hood fans, shelving, work benches, intercoms, speakers, air conditioning equipment, electronic air filters, humidifiers and dehumidifiers, liquid fuel tanks and all controls, pool and spa equipment, propane tanks and all controls, security system equipment, TV satellite dishes; the above-mentioned inclusions AND the following personal property shall be transferred with no additional monetary value, and free and clear of all liens and encumbrances: 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Notwithstanding the foregoing, leased fixtures are not included. Notwithstanding the foregoing, the following item(s) are excluded from the purchase: 34. 35. 36. PURCHASE PRICE:37. 235,000.00Seller has agreed to sell the Property to Buyer for the sum of ($ Two Hundred Thirty-Five Thousand_______________________ )38. Dollars,39. which Buyer agrees to pay in the following manner: percent (%) of the sale price in CASH, or more in Buyer’s sole discretion, including earnest money; percent (%) of the sale price in MORTGAGE FINANCING. (See following Mortgage Financing section.) percent (%) of the sale price by ASSUMING Seller’s current mortgage. (See attached Addendum to Purchase Agreement: Assumption Financing.) 40. TBD41.1. TBD42.2. 43.3. 44. percent (%) of the sale price by CONTRACT FOR DEED. (See attached Addendum to Purchase Agreement; Contract for Deed Financing.) 45.4. 46. CLOSING DATE:47. 8/3 2022On or Before48. The date of closing shall be MN:PA-1 (8/21)Minnesotc Realtors'" TD AMCArTirkMC □ igiSign ycnticd: 1730? 1 BS-6h68-48A3-ShB4-C’e'4h627334B4 PURCHASE AGREEMENT 03 2022June49. Page 2 Date Fergus Falls 5653718601 County Hwy 3350.Property located at MORTGAGE FINANCING:51. This Purchase Agreement 0 IS O IS NOT subject to the mortgage financing provisions below. If IS, complete the .........(Check one.)....... MORTGAGE FINANCING section below. If IS NOT, proceed to the SELLER’S CONTRIBUTIONS TO BUYER’S COSTS section. 52. 53. 54. Such mortgage financing shall be: (Check one.) □ FIRST MORTGAGE only @ FIRST MORTGAGE AND SUBORDINATE FINANCING. Financing 0 DOES Q DOES NOT require approval of a grant, bond program, or other loan assistance program. If ----------------(Check one.)................. “DOES,” please specify: Buyer shall apply for and secure, at Buyer’s expense, a: (Check all that apply.) □ conventional or privately insured conventional □ DEPARTMENT OF VETERANS’ AFFAIRS (“DVA ”) GUARANTEED □ FEDERAL HOUSING ADMINISTRATION (“FHA”) INSURED □ UNITED STATES DEPARTMENT OF AGRICULTURE (“USDA”) RURAL DEVELOPMENT □ OTHER mortgage in the amount stated in this Purchase Agreement, amortized over a period of not more than years, with an initial interest rate at no more than application IS TO BE MADE WITHIN FIVE (5) BUSINESS DAYS after the Final Acceptance Date. Buyer agrees to use best efforts to secure a commitment for such financing and to execute all documents required to consummate said financing. MORTGAGE FINANCING CONTINGENCY: This Purchase Agreement is contingent upon the following and applies to the first mortgage and any subordinate financing. (Check one.) □ If Buyer cannot secure the financing specified in this Purchase Agreement, and this Purchase Agreement does not close on the closing date specified, this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be 0 REFUNDED TO BUYER □ FORFEITED TO SELLER. ...........................................................(Check one.)...................................................... NOTE: If this Purchase Agreement is subject to DVA or FHA financing, FORFEITED TO SELLER may be prohibited. See the following DVA and FHA Escape Clauses. □ Buyer shall provide Seller, or licensee representing or assisting Seller, with the Written Statement, on or before For purposes of this Contingency, “Written Statement” means a Written Statement prepared by Buyer’s mortgage originator(s) or lender(s) after the Final Acceptance Date that Buyer is approved for the loan(s) specified in this Purchase Agreement, including both the first mortgage and any subordinate financing, if any, and stating that an appraisal, satisfactory to the lender(s), has been completed and stating conditions required by lender(s) to close the loan. Upon delivery of the Written Statement to Seller, or licensee representing or assisting Seller, the obligation for satisfying all conditions required by mortgage originator(s) or lender(s), except those conditions specified below, are deemed accepted by Buyer: (a) work orders agreed to be completed by Seller; (b) any other financing terms agreed to be completed by Seller here; and (c) any contingency for the sale and closing of Buyer’s property pursuant to this Purchase Agreement. 55. 56. 57. SBA58. 59. 60. 61. 62. 63. 64. 65. 25 6.5 percent {%) per annum. The mortgage66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. MN:PA-2 (8/21) Minnesota Realtors" TD AMCArririMC DigiSign Vcriticd: 175031 BX-6t,6X-4SA3-XhB4-Cl'4t627334B4 PURCHASE AGREEMENT 03 2022June91. Page 3 Date Fergus Falls 5653718601 County Hwy 3392. Property located at Upon delivery of the Written Statement, if this Purchase Agreement does not close on the stated closing date for ANY REASON relating to financing, including, but not limited to interest rate and discount points, if any, then Seller may, at Seller’s option, declare this Purchase Agreement canceled, in which case this Purchase Agreement is canceled. If Seller declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be forfeited to Seller as liquidated damages. In the alternative. Seller may seek all other remedies allowed by law. 93. 94. 95. 96. 97. 98. Notwithstanding the language in the preceding paragraph. Seller may not declare this Purchase Agreement canceled if the reason this Purchase Agreement does not close was due to: (a) Seller’s failure to complete work orders to the extent required by this Purchase Agreement: (b) Seller’s failure to complete any other financing terms agreed to be completed by Seller here; or (c) any contingency for the sale and closing of Buyer’s property pursuant to this Purchase Agreement, except as specified in the contingency for sale and closing of Buyer’s property. If the Written Statement is not provided by the date specified on line 79, Seller may, at Seller’s option, declare this Purchase Agreement canceled by written notice to Buyer at any time prior to Seller receiving the Written Statement, in which case this Purchase Agreement is canceled. In the event Seller declares this Purchase Agreement canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. If the Written Statement is not provided, and Seller has not previously canceled this Purchase Agreement, this Purchase Agreement is canceled as of the closing date specified in this Purchase Agreement. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. LOCKING OF MORTGAGE INTEREST RATE f“RATE”1: The Rate shall be locked with the lender(s) by Buyer: 115. (Check one.) 116. □ WITHIN FIVE (5) BUSINESS DAYS OF FINAL ACCEPTANCE DATE; OR 117. 0 AT ANY TIME PRIOR TO CLOSING OR AS REQUIRED BY LENDER(S). 0.00118. LENDER COMMITMENT WORK ORDERS: Seller aorees to nav un to £ 119. repairs as required by the lender commitment. If the lender commitment is subject to any work orders for which the 120. cost of making said repairs shall exceed this amount. Seller shall have the following options: 121. (a) making the necessary repairs; or 122. (b) negotiating the cost of making said repairs with Buyer; or 123. (c) declaring this Purchase Agreement canceled, in which case this Purchase Agreement is canceled. Buyer and Seller 124. 125. 126. 127. 0 SELLER 0 BUYER agrees to pay any reinspection fee required by Buyer’s lender(s). ...............(Check one.)-................ to make shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer, unless Buyer provides for payment of the cost of said repairs or escrow amounts related thereto above the amount specified on line 118 of this Purchase Agreement. 128. FHA ESCAPE CLAUSE fFHA Financing onlyl: “It is expressly agreed that, notwithstanding any other provisions 129. of this contract, the purchaser shall not be obligated to complete the purchase of the Property described here or to incur 130. any penalty by forfeiture of earnest money deposits or otherwise, unless the purchaser has been given in accordance 131. with the Department of Housing and Urban Development (“HUD’’)/FHA or DVA requirements a written statement by the 132. Federal Housing Commissioner, Department of Veterans’ Affairs, or a Direct Endorsement lender setting forth the 133. appraised value of the Property as not less than $ (sale price) 134. The purchaser shall have the privilege and option of proceeding with consummation of the contract without regard 135. to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage 136. HUD will insure; HUD does not warrant the value nor the condition of the Property. The purchaser should satisfy himself/ 137. herself that the price and condition of the Property are acceptable.” MN:PA-3 (8/21) Minnesotc Realtors® TP ANcarrinMC DigiSign Verified: 1750? 1 BX-6t6X-4XA3-XEB4-CC4h;627334B4 PURCHASE AGREEMENT 03 2022J\me138. Page 4 Date Fergus Falls 5653718601 County Hwy 33139. Property located at 140. LENDER PROCESSING FEES IFHA. DVA Financing Qnlyt: Seller agrees to pay Buyer’s closing fees and 141. miscellaneous processing fees which cannot be charged to Buyer, not to exceed $ 142. This amount is in addition to Seller’s Contributions to Buyer’s Costs, if applicable. 143. DVA FUNDING FEE fPVA Financing onlyl: Pursuant to federal regulations, a one-time Funding Fee based on loan 144. amount must be paid at the ciosing of this transaction as follows: 145.paid by Buyer □ AT CLOSING □ ADDED TO MORTGAGE AMOUNT ........................................................(Check one.)........................................................... paid by Seller 147. NOTE: DVA regulations limit the fees and charges Buyer can pay to obtain a DVA loan. 148. DEPARTMENT OF VETERANS’ AFFAIRS ESCAPE CLAUSE fPVA Financing onlyl: “It is expressly agreed that, 149. notwithstanding any other provisions of this contract, the purchaser shall not incur any penalty by forfeiture of earnest 150. money or otherwise be obligated to complete the purchase of the Property described here, if the contract purchase 151. price or cost exceeds the reasonable value of this Property established by the Department of Veterans’ Affairs. The 152. purchaser shall, however, have the privilege and option of proceeding with the consummation of this contract without 153. regard to the amount of reasonable value established by the Department of Veterans’ Affairs.” Verify DVA requirements relating to payment of all special assessments levied and pending, and annual installments of special assessments certified to yearly taxes. 156. OTHER MORTGAGE FINANCING ITEMS: 157. 146. 154. NOTE: 155. SELLER’S CONTRIBUTIONS TO BUYER’S COSTS:158. 159. Seller n IS @ IS NOT contributing to Buyer’s costs. If answer is IS, Seller agrees to pay at closing, up to: (Check one.) ------(Check one.)----- 160. □$ 161. □percent (%) of the sale price 162. towards Buyer’s closing fees, title service fees, title searches, title examinations, abstracting, lender’s title insurance, 163. owner’s title insurance, prepaid items, other Buyer’s costs allowable by lender, if any, and/or mortgage discount points. Any 164. amount of Seller’s contribution that exceeds Buyer’s allowable costs, or which cannot be used because Seller’s 165. contribution exceeds the maximum Seller contribution allowed by law or by mortgage requirements, shall be retained 166. by Seller. 167. NOTE: The amount paid by Seller cannot exceed the maximum Seller contribution allowed by FHA, DVA, or lender. All funds paid by Seller on behalf of Buyer must be stated on the Closing Disclosure at closing.168. INSPECTIONS:169. 170. Buyer has been made aware of the availability of Property inspections. Buyer Q ELECTS @ DECLINES to have a ----------------(Check one.)------------------171. Property inspection performed at Buyer’s expense. 172. This Purchase Agreement Q IS @ IS NOT contingent upon any inspection(s) of the Property obtained by Buyer to ------(Check one.)----- 173. determine its condition, including any non-intrusive testing or any intrusive testing as allowed pursuant to this Purchase 174. Agreement. 175. Any inspection(s) or test(s) shall be done by an Inspector(s) or tester(s) of Buyer’s choice. Buyer shall satisfy Buyer 176. as to the qualifications of the inspector(s) or tester(s). For purposes of this Purchase Agreement, “intrusive testing” 177. shall mean any testing, inspection(s), or investigation(s) that changes the Property from its original condition or 178. otherwise damages the Property. 179. Seller Q DOES O DOES NOT agree to allow Buyer to perform intrusive testing or inspection(s). .................(Check one.)—............180. If answer is DOES, Buyer agrees that the Property shall be returned to the same condition it was in prior to Buyer’s 181. intrusive testing at Buyer’s sole expense. MN:PA-4(8/21)Minnesota Realtors*^ TDANCArrinMC □ igiSign Verified; 175051 BS-6h6S-48A3-XhB4-CC4t627334B4 PURCHASE AGREEMENT 03 2022June182. Pages Date Fergus Falls 5653718601 County Hwy 33183. Property located at 184. Seller will provide access to attic(s) and crawlspace(s). 185. Within 186. shall be done (“Inspection Period”). 187. If this Purchase Agreement is contingent upon inspection, Buyer may cancel this Purchase Agreement based on the 188. inspection(s) or test result(s) by providing written notice to Seller, or licensee representing or assisting Seller, of Buyer’s 189. intent to cancel no later than the end of the Inspection Period. If Buyer cancels this Purchase Agreement, Buyer and 190. Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all 191. earnest money paid here to be refunded to Buyer. If Buyer does not cancel this Purchase Agreement before the end 192. of the Inspection Period, then this Inspection Contingency shall be deemed removed and this Purchase Agreement 193. shall be in full force and effect. 194. OTHER INSPECTION ITEMS: 195. 196. 197. Calendar Days of Final Acceptance Date, all inspection(s), test(s), and resulting negotiations, if any. SALE OF BUYER’S PROPERTY:198. 199. (Check one.) 200. Q 1. This Purchase Agreement is subject to an Addendum to Purchase Agreement: Sate of Buyer’s Property Contingency for the sale of Buyer’s property. (If checked, see attached Addendum.)201. 202. OR 203. n 2. This Purchase Agreement is contingent upon the successful closing on the Buyer’s property located at ____________________________________________________________ which is scheduled to close on pursuant to a fully executed purchase agreement. If Buyer’s property does not close by the closing date specified in this Purchase Agreement, this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. The language in this paragraph supersedes any other provision to the contrary in any financing contingency made a part of this Purchase Agreement, if applicable. 204. 205. 206. 207. 208. 209. 210. 211. OR 212. 0 3. Buyer represents that Buyer has the financial ability to perform on this Purchase Agreement without the sale and closing on any other property.213. REAL ESTATE TAXES/SPECIAL ASSESSMENTS:214. 215. REAL ESTATE TAXES: Seller shall pay on the date of closing all real estate taxes due and payable in all prior years 216. including all penalties and interest. 217. Buyer shall pay 0 PRORATED FROM DAY OF CLOSING □ ALL □ NONE □ ........................................------------------------------(Check one.}............................................. /12ths OF real estate taxes 218. due and payable in the year of closing. 219. Seller shall pay 0 PRORATED TO DAY OF CLOSING □ ALL □ NONE □ ....................................................................(Check one.)--..........................-.......... /12ths OF real estate taxes due and 220. payable in the year of closing. 221. If the Property tax status is a part- or non-homestead classification in the year of closing. Seller0 SHALL 0 SHALL NOT -------------(Check one.)...................... 222. pay the difference between the homestead and non-homestead. 223. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which 224. is not otherwise here provided. No representations are made concerning the amount of subsequent real estate taxes. MN:PA-5 (8/21) Minnesota Realtors' TO AMCArririMC DigiSign Ventied: 175051 BS-0h6S-4SA3-ShB4-C C 4b627334B4 PURCHASE AGREEMENT 03 2022June225. Page 6 Date Fergus Falls 5653718601 County Hwy 33Property located at DEFERRED TAXES/SPECIAL ASSESSMENTS: 226. 227 I I BUYER SHALL PAY @ SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green -.................................................(Check one.).......................................................... Acres) or special assessments, payment of which is required as a result of the closing of this sale. □ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING 0 SELLER SHALL PAY ON -------------------------------------------------------------------------------------------------- ------------(Check one.)—------------------------------------------------............................................. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and payable in the year of closing. I I BUYER SHALL ASSUME 0 SELLER SHALL PAY on date of closing all other special assessments levied as ------------............-......................(Check one.)...................-.................................. of the Date of this Purchase Agreement. □ BUYER SHALL ASSUME 0 SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as .............................-...........................................................(Check one.)---------------------------------------------------------------- of the Date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller’s provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments or less, as required by Buyer’s lender.) Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of which is not otherwise here provided. As of the Date of this Purchase Agreement, Seller represents that Seller 0 HAS 0 HAS NOT received a notice ...............(Check one.)................ regarding any new improvement project from any assessing authorities, the costs of which project may be assessed against the Property. Any such notice received by Seller after the Date of this Purchase Agreement and before closing shall be provided to Buyer immediately. If such notice is issued after the Date of this Purchase Agreement and on or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, provide for the payment of, or assume the special assessments. In the absence of such agreement, either party may declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. 228. 229. 230. 231. 232. 233. 234. 235. 236. 237. 238. 239. 240. 241. 242. 243. 244. 245. 246. 247. 248. 249. 250. ADDITIONAL PROVISIONS:251. PREVIOUSLY EXECUTED PURCHASE AGREEMENT: This Purchase Agreement □ IS 0 IS NOT subject to ...........(Check one.)......... 252. 253. cancellation of a previously executed purchase agreement dated. 254. (If answer is IS, said cancellation shall be obtained no later than. 255. If said cancellation is not obtained by said date, this Purchase Agreement is canceled. Buyer and Seller shall immediately 256. sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to 257. be refunded to Buyer.) 258. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a: (Check one.) 259. 0WARRANTY DEED □ PERSONAL REPRESENTATIVE’S DEED □ CONTRACT FOR DEED□ TRUSTEE’S DEED 260. □ OTHER: (a) building and zoning laws, ordinances, and state and federal regulations; (b) restrictions relating to use or improvement of the 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) rights of tenants as follows (unless specified, not subject to tenancies):_____________________ DEED joined in by spouse, if any, conveying marketable title, subject to 261. 262. 263. 264. 265. ;and266. (f) others (must be specified in writing):267. 268. MN:PA-6 (8/21)Minnesota Realtors" TOAMCArxinMC DigiSign Verified: 175051 BX-6b6S-4SA.^-ShB4-C'C4h627334B4 PURCHASE AGREEMENT 03 2022June269. Page 7 Date Fergus Falls 5653718601 County Hwy 33270. Property located at 271. POSSESSION: Seller shall deliver possession of the Property: (Check one.) 272. [k] immediately AFTER CLOSING; or 273. □ OTHER:__________________________________________________ 274. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HERE from the Property 275. by possession date. 276. LINKED DEVICES: Seller warrants that Seller shall permanently disconnect or discontinue Seller’s access or service 277. to any device or system on or serving the property that is connected or controlled wirelessly, via internet protocol (“IP”) 278. to a router or gateway or directly to the cloud no later than delivery of possession as specified in this Purchase 279. Agreement. 280. PRORATIONS: All interest; unit owners’ association dues; rents; and charges for city water, city sewer, electricity, and 281. natural gas shall be prorated between the parties as of date of closing. Buyer shall pay Seller for remaining gallons of 282. fuel oil or liquid petroleum gas on the day of closing, at the rate of the last fill by Seller. 283. TITLE AND EXAMINATION: As quickly as reasonably possible after Final Acceptance Date: (a) Seller shall deliver any abstract of title and a copy of any owner’s title insurance policy for the Property, if in Seller’s possession or control, to Buyer or Buyer’s designated title service provider. Any abstract of title or owner’s title insurance policy provided shall be immediately returned to Seller, or licensee representing or assisting Seller, upon cancellation of this Purchase Agreement; and (b) Buyer shall obtain the title services determined necessary or desirable by Buyer or Buyer’s lender, including but not limited to title searches, title examinations, abstracting, a title insurance commitment, or an attorney’s title opinion at Buyer’s selection and cost and provide a copy to Seller. 291. Seller shall use Seller’s best efforts to provide marketable title by the date of closing. Seller agrees to pay all costs 292. and fees necessary to convey marketable title including obtaining and recording all required documents, subject to 293. the following: 284. 285. 286. 287. 288. 289. 290. In the event Seller has not provided marketable title by the date of closing. Seller shall have an additional thirty (30) days to make title marketable, or in the alternative. Buyer may waive title defects by written notice to Seller. In addition to the thirty (30)-day extension, Buyer and Seller may, by mutual agreement, further extend the closing date. Lacking such extension, either party may declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. 294. 295. 296. 297. 298. 299. 300. 301. 302. SUBDIVISION OF LAND. BOUNDARIES. AND ACCESS: If this sale constitutes or requires a subdivision of land 303. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller 304. warrants that the legal description of the real property to be conveyed has been or shall be approved for recording 305. as of the date of closing. Seller warrants that the buildings are or shall be constructed entirely within the boundary 306. lines of the Property. Seller warrants that there is a right of access to the Property from a public right-of-way. 307. MECHANIC’S LIENS: Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, 308. machinery, fixtures, or tools furnished within the 120 days immediately preceding the closing in connection with 309. construction, alteration, or repair of any structure on, or improvement to, the Property. 310. NOTICES: Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 311. proceedings, or violation of any law, ordinance, or regulation. If the Property is subject to restrictive covenants. Seller 312. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any 313. such notices received by Seller shall be provided to Buyer immediately. 314. DIMENSIONS: Buyer acknowledges any dimensions, square footage, or acreage of land or improvements provided 315. by Seller, third party, or broker representing or assisting Seller are approximate. Buyer shall verify the accuracy of 316. information to Buyer’s satisfaction, if material, at Buyer’s sole cost and expense. 317. ACCESS AGREEMENT: Seller agrees to allow reasonable access to the Property for performance of any surveys or 318. inspections agreed to here. MN:PA-7(8/21) Minnesott Realtors® TO AMCArrmuc □igiSign Verified: 175051 BS-6h68-4XA3-StB4-C'C'4b:627334B4 PURCHASE AGREEMENT 03 2022June319. Pages Date Fergus Falls 5653718601 County Hwy 33320. Property located at 321. RISK OF LOSS: If there is any loss or damage to the Property between the Date of this Purchase Agreement and 322. the date of closing for any reason, including fire, vandalism, flood, earthquake, or act of God, the risk of loss shall be 323. on Seller. If the Property is destroyed or substantially damaged before the closing date, this Purchase Agreement 324. is canceled, at Buyer’s option, by written notice to Seller or licensee representing or assisting Seller. If Buyer cancels 325. this Purchase Agreement, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming 326. said cancellation and directing all earnest money paid here to be refunded to Buyer. 327. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. 328. CALCULATION OF DAYS: Any calculation of days begins on the first day (Calendar or Business Days as specified) 329. following the occurrence of the event specified and includes subsequent days (Calendar or Business Days as specified) 330. ending at 11:59 P.M. on the last day. 331. BUSINESS DAYS: “Business Days” are days which are not Saturdays, Sundays, or state or federal holidays unless 332. stated elsewhere by the parties in writing. 333. CALENDAR DAYS: “Calendar Days” include Saturdays, Sundays, and state and federal holidays. For purposes of 334. this Agreement, any reference to “days” means “Calendar Days” unless otherwise required by law. 335. RELEASE OF EARNEST MONEY: Buyer and Seller agree that the Earnest Money Holder shall release earnest money 336. from the Earnest Money Holder’s trust account: 337.(a) at or upon the successful closing of the Property: (b) pursuant to written agreement between the parties, which may be reflected in a Cancellation of Purchase Agreement executed by both Buyer and Seller; (c) upon receipt of an affidavit of a cancellation under MN Statute 559.217; or (d) upon receipt of a court order. 338. 339. 340. 341. 342. DEFAULT: If Buyer defaults in any of the agreements here. Seller may cancel this Purchase Agreement, and any 343. payments made here, including earnest money, shall be retained by Seller as liquidated damages and Buyer and 344. Seller shall affirm the same by a written cancellation agreement. 345. If Buyer defaults in any of the agreements here. Seller may terminate this Purchase Agreement under the provisions 346. of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable. If either Buyer or Seller defaults in any 347. of the agreements here or there exists an unfulfilled condition after the date specified for fulfillment, either party may 348. cancel this Purchase Agreement under MN Statute 559.217, Subd. 3. Whenever it is provided here that this Purchase 349. Agreement is canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN 350. Statute 559.217, Subd. 4. 351. If this Purchase Agreement is not canceled or terminated as provided here. Buyer or Seller may seek actual damages 352. for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to specific 353. performance, such action must be commenced within six (6) months after such right of action arises. 354. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 355. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be obtained 356. by contacting the local law enforcement offices in the community where the Property is located or the Minnesota 357. Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 358. www.corr.state.mn.us. 359. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 360. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 361. THIS PURCHASE AGREEMENT. 362. BUYER HAS RECEIVED A: (Check any that apply.) □ DISCLOSURE STATEMENT: SELLER’S PROPERTY 363. DISCLOSURE STATEMENTOR A □ DISCLOSURE STATEMENT: SELLER’S DISCLOSURE ALTERNATIVES FORM. 364. DESCRIPTION OF PROPERTY CONDITION: See Disclosure Statement: Seller’s Property Disclosure Statement or 365. Disclosure Statement: Seller’s Disclosure Alternatives for description of disclosure responsibilities and limitations, if 366. any. 367. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 368. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OE THE PROPERTY 369. AND ITS CONTENTS. MN:PA-8 (8/21)I^Minnesot TD A IJC A rTli^kle DigiSign Veritied: 175051B8-6h6S-4XA3-8t:B4-C C4h627334B4 PURCHASE AGREEMENT 03 2022June370. Page 9 Date 56537Fergus Falls18601 County Hwy 33371. Property located at (Check appropriate boxes.) SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: CITY SEWER □ YES 0 NO / CITY WATER □ YES 0 NO SUBSURFACE SEWAGE TREATMENT SYSTEM SELLER 0 DOES □ DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR ------------------(Check one.)--------------- SERVING THE PROPERTY. (If answer is DOES, and the system does not require a state permit, see Disclosure Statement: Subsurface Sewage Treatment System.) PRIVATE WELL SELLER 0 DOES □ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. --------------------(Check one.)--------------------- (If answer is DOES and well is located on the Property, see Disclosure Statement: Well.) THIS PURCHASE AGREEMENT □ IS 0 IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT: ........-(Check one.)------- SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. (If answer is IS, see attached Addendum.) IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS RECEIVED A DISCLOSURE STATEMENT: WELL AND/OR A DISCLOSURE STATEMENT: SUBSURFACE SEWAGE TREATMENT SYSTEM. 372. 373. 374. 375. 376. 377. 378. 379. 380. 381. 382. 383. 384. 385. 386. 387. 388. HOME PROTECTION/WARRANTY PLAN: Buyer and Seller are advised to investigate the various home protection/ 389. warranty plans available for purchase. Different home protection/warranty plans have different coverage options, 390. exclusions, limitations, and service fees. Most plans exclude pre-existing conditions. (Check one.) 391. 0 A Home Protection/Warranty Plan will be obtained by 0 BUYER 0 SELLER and paid for by .......................(Check one.)........................ 0 BUYER 0 SELLER to be issued by .................-(Check one.)-------------- at a cost not to exceed $_____________ 392. 393. 394. 0 No Home Protection/Warranty Plan is negotiated as part of this Purchase Agreement. However, Buyer may elect 395.to purchase a Home Protection/Warranty Plan. AGENCY NOTICE is 0 Seller’s Agent 0 Buyer’s Agent 0 Dual Agent 0 Facilitator. --------------------------------------------------------(Check one.)...............................................---........... 396. Kayla Koob397. (Licensee) Central MN Realty398. (Real Estate Company Name) is 0 Seller’s Agent 0 Buyer’s Agent 0 Dual Agent 0 Facilitator. --------------------------------------------------------(Check one.)-............................................................. Bruce Fuhrman399. (Licensee) RE/MAX Signature Properties400. (Real Estate Company Name) 401. THIS NOTICE DOES NOI SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN;PA-9 (8/21) Minnesotc Realtors^7 TQAKICArTinUC DigiSign Veritied: 175051 BX-6t68-4XA3-SbB4-CC4h;627334B4 PURCHASE AGREEMENT 03 2022June402. Page 10 Date Fergus Falls 5653718601 County Hwy 33403. Property located at DUAL AGENCY REPRESENTATION404. 405. PLEASE CHECK ONE Of THE FOLLOWING SELECTIONS: 406. 0 Dual Agency representation DOES NOT apply in this transaction. Do not complete lines 407-423. 407. n Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 408-423. 408. Broker represents both the Seller(s) and the Buyer(s) of the Property involved in this transaction, which creates a 409. dual agency. This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 410. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for 411. either party. Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s). 412. Seller(s) and Buyer(s) acknowledge that 413. 414. 415. 416. 417. 418. 419. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker 420. and its salesperson to act as dual agents in this transaction. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other information will be shared; (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and (3) within the limits of dual agency. Broker and its salespersons will work diligently to facilitate the mechanics of the sale. Buyer421. Seller Buyer422. Seller Date423. Date 424. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the 425. cash outlay at closing or reduce the proceeds from the sale. 426. SETTLEMENT STATEMENT: Buyer and Seller authorize the title company, escrow agent, and/or their representatives 427. to disclose and provide copies of the disbursing agent’s settlement statement to the real estate licensees involved 428. in the transaction at the time these documents are provided to Buyer and Seller. 429. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT f “FIRPTA”1: Section 1445 of the Internal Revenue Code 430. provides that a transferee (“Buyer”) of a United States real property interest must be notified in writing and must withhold 431. tax if the transferor (“Seller”) is a foreign person and no exceptions from FIRPTA withholding apply. Buyer and Seller 432. agree to comply with FIRPTA requirements under Section 1445 of the Internal Revenue Code. 433. Seller shall represent and warrant, under the penalties of perjury, whether Seller is a “foreign person” (as the same 434. is defined within FIRPTA), prior to closing. Any representations made by Seller with respect to this issue shall survive 435. the closing and delivery of the deed. 436. Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument, affidavit, or statement 437. reasonably necessary to comply with the FIRPTA requirements, including delivery of their respective federal taxpayer 438. identification numbers or Social Security numbers. 439. Due to the complexity and potential risks of failing to comply with FIRPTA, including the Buyer’s responsibility for 440. withholding the applicable tax. Buyer and Seller should seek appropriate legal and tax advice regarding FIRPTA 441. compliance, as the respective licensee’s representing or assisting either party will be unable to assure either 442. party whether the transaction is exempt from FIRPTA withholding requirements. MN:PA-10(8/21) Minnesotc Realtors® TP AMCArrirtMC DigiSign Verified: l75()5IB8-6h68-48A3-StB4-CC4E627334B4 PURCHASE AGREEMENT 03 2022June443. Page 11 Date 56537Fergus Falls18601 County Hwy 33444. Property located at 445. FULLY EXECUTED PURCHASE AGREEMENT AND FINAL ACCEPTANCE: To be binding, this Purchase Agreement 446. and all addenda must be fully executed by both parties and a copy must be delivered. 447. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to 448. this transaction constitute valid, binding signatures. 449. ENTIRE AGREEMENT: This Purchase Agreement and all addenda and amendments signed by the parties shall 450. constitute the entire agreement between Buyer and Seller. Any other written or oral communication between Buyer and 451. Seller, including, but not limited to, e-mails, text messages, or other electronic communications are not part of this 452. Purchase Agreement. This Purchase Agreement can be modified or canceled only in writing signed by Seller and 453. Buyer or by operation of law. All monetary sums are deemed to be United States currency for purposes of this Purchase 454. Agreement. 455. SURVIVAL: All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract 456. for deed. 457. DATE OF THIS PURCHASE AGREEMENT: Date of this Purchase Agreement to be defined as the date on line one 458. (1) of this Purchase Agreement. 459. OTHER: Buyer may, in Buyer's sole discretion, assign purchase agreement to a company the Buyer forms 460. prior to closing. 461. Agreement is contingent on: 462.Buyer receiving and accepting Property, Well, Septic and Lead-Based paint disclosures. 463.Seller providing a compliant Septic Certificate at Seller expense. 464.Seller identifying and marking property corners. 465.County and Township authorities approving building pleuis. 466. 467. 468. 469. ADDENDA: The following addenda are attached and made a part of this Purchase Agreement. 470. NOTE: Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement. 471. 0 Addendum to Purchase Agreement 472. Q Addendum to Purchase Agreement: Assumption Financing 473. n Addendum to Purchase Agreement: Buyer Move-In Agreement 474. Q Addendum to Purchase Agreement: Buyer Purchasing “As Is" and Limitation of Seller Liability 475. n Addendum to Purchase Agreement: Condominium/Townhouse/Cooperative Common Interest Community 476. 477. Q Addendum to Purchase Agreement: Contract for Deed Financing 478. Q Addendum to Purchase Agreement: Disclosure of Information on Lead-Based Paint and Lead-Based Paint 479. 480. n Addendum to Purchase Agreement: Sale of Buyer’s Property Contingency 481. n Addendum to Purchase Agreement: Seller’s Rent Back Agreement 482. Q Addendum to Purchase Agreement: Seller’s Purchase/Lease Contingency 483. Q Addendum to Purchase Agreement: Short Sale Contingency 484. Q Addendum to Purchase Agreement: Subsurface Sewage Treatment System and Well Inspection Contingency 485. □ Other: MN:PA-11 (8/21) (“CIC") Hazards Minnesota Realtors* TO A ArrirkMC □igiSign Venfied: 175051BX-6E6X-48A3-SEB4-CC4b;627334B4 PURCHASE AGREEMENT 03 2022June486. Page 12 Date 18601 County Hwy 33 Fergus Falls 56537487. Property located at 488. I agree to sell the Property for the price and on the 489. terms and conditions set forth above. 490. I have reviewed all pages of this Purchase 491. Agreement. 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. 492. Q If checked, this Purchase Agreement is subject to 493. 494. attached Addendum to Purchase Agreement: Counteroffer and the Final Acceptance Date shall be noted on the Addendum.495. 496. FIRPTA: Seller represents and warrants, under penalty 497. of perjury, that SellerQlS0IS NOT a foreign person (i.e., a ------(Check one.)----- 498. non-resident alien individual, foreign corporation, foreign 499. partnership, foreign trust, or foreign estate for purposes of 500. income taxation. (See lines 429-442.)) This representation 501. and warranty shall survive the closing of the transaction 502. and the delivery of the deed. 503. X (Seller’s Signature)(Date)(Buyer's Signature)(Date) y Cory Budke504. X (Seller’s Printed Name)(Buyer’s Printed Name) 505. X 06433-2023 (Seller's Signature)(Date)(Buyer's Signature)(Date) Teresa Budke506. X (Selier's Printed Name)(Buyer’s Printed Name) 507. FINAL ACCEPTANCE DATE: 508. is the date on which the fully executed Purchase Agreement is delivered. The Final Acceptance Date THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 509. 510. 511. I ACKNOWLEDGE THAT I HAVE RECEIVED AND HAVE HAD THE OPPORTUNITY TO REVIEW THE DISCLOSURE 512. STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT, 513. WHICH IS AN OPTIONAL, VOLUNTARY AGREEMENT SEPARATE FROM THIS PURCHASE AGREEMENT. 514. SELLER(S) BUYER(S) 515. SELLER(S) BUYER(S) MN:PA-12 (8/21) Minnesota Realtors® TO AKICArTinUC DigiSign Verified: 175051BX-6E6S-4SA3-XEB4-CC4E627334B4 WIRE FRAUD ALERT ; ■: Internet fraud — the use of Internet services or software with Internet access to defraud victims — is on the rise in real estate transactions. THESE SOPHISTICATED CRIMINALS COULD: • HACK INTO YOUR E-MAIL ACCOUNT or the e-mail of others involved in your real estate transaction and may direct you to wire money to the hacker’s account. • SEND FRAUDULENT E-MAILS that appear to be from your real estate licensee, lender, or closing agent. • CALL YOU claiming they have revised wiring instructions. I Buyers/Tenants and Sellers/Owners are advised to: (1) Never wire funds without confirming the wiring instructions directly with the intended recipient. (2) Verify that the contact information for the wire transfer recipient is legitimate by calling a known phone number for the broker or closing agent. Do not rely on the information given to you in an e-mail communication. (3) Never send personal information through unsecured/unencrypted e-mail. If you suspect wire fraud in your transaction: (1) Immediately notify your bank, closing agent, and real estate licensee. (2) File a complaint online at the Internet Crime Complaint Center (ICS) at http://www.ic3.gov. The undersigned acknowledge receipt of this wire fraud alert and understand the importance of taking proactive measures to avoid being a victim of wire fraud in a real estate transaction. 06-03-2022 06-03-2022 (Date)(Signature)(Date) (Signature) This form approver^ by the Minnesota Association of REALTORS®, which (disclaims any liability arising out of use or misuse of this form. ©2018 Minnesota Association of REALTORS®, Edina, MN MN-WFA (8/18)Minnesotc Realtors* TO AMCArTinMC DigiSign Verified: 175051 BK-6h6S-48A3-StB4-CC'4E627334B4 RE/MAX ADDENDUM TO PURCHASE AGREEMENTThis form approved by the Minnesota Association of REALTORS', which disclaims any liability arising out of use or misuse of this form. © 2020 Minnesota Association of REALTORS®, Edina, MN SIGNATURE PROPERTIES June 3rd, 20221. Date 2. Page 1 3rd 2022JuneAddendum to Purchase Agreement between parties, dated (Date of this Purchase Agreement), pertaining to the purchase and sale of the Property at 18601 County Hwy 33 3. 4. 5. In the event of a conflict between this Addendum and any other provision of the Purchase Agreement, the language in this Addendum shall govern. Pursuant to Internal Revenue Service Code Section 1031 which sets forth the requirements for tax deferred real estate exchange. Buyer’s rights under this and future agreements will be assigned to N.F. Field Abstract Company, Qualified Intermediary, for the purpose of completing a 1031 exchange. Seller agrees to cooperate with Buyer and N.F Field Abstract Company in a manner necessary to enable Buyer to complete said exchange. Such cooperation shall bear no additional costs or liability to Seller. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.nR-nn-7n?7 (Date)(Date)(Buyer)(Seller) 32.06-03-2022 (Date)(Buyer)(Seller)(Date) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 33. 34. MN-APA (8/20) Minnesota Realtors' TRANSACTIONS UigiSign Vcritied: l7M)MBS-6b6X-4XAi-XbB4-CL4t62/Ji4B4 Attachment "A" Legal Description for parcel # 13000210132002 SECT-21 TWP-132 RANGE-042 47.37 AC PT GLS 1 & 2 & PT NW1/4 NE1/4 COM NE COR SEC 21 W 542.78’ S 387.62’ TO BG NW 515.32’ W 1353.75' S 372.57’ SW 383.77’ S 657.24' E 1457.5’ S 222.68’ E 167.96’ N 78.14’ SE 199.68' E 188.94’ SE 557.6’ TO UK NLY ON LK 1280’ N 145’ W 578.06’ N 176.22’ W 162.23’ N 258.61’ NE □igiSign Veritied: 17503 I B8-6t:6S-48A3-Xh:B4-C'C'4E627334B4 DISCLOSURE STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REALRE/MAX PROPERTY ARBITRATION AGREEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. ©2019 Minnesota Association of REALTORS®, Edina, MN 1. Page 1 SIGNATURE PROPERTIES ARBITRATION DISCLOSURE You have the right to choose whether to have any disputes about disclosure of material facts affecting the use or enjoyment of the property that you are buying or selling decided by binding arbitration or by a court of law. By agreeing to binding arbitration, you give up your right to go to court for claims over $15,000. By signing the RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) on page two (2), you agree to the following: (1) disputes with demands which fall within the jurisdictional limits of the conciliation court shall be resolved in the applicable conciliation court; and (2) all other disputes shall be subject to binding arbitration under the Residential Real Property Arbitration System (“Arbitration System”) administered by National Center for Dispute Settlement (“NODS”) and endorsed by the Minnesota Association of REALTORS® (“MNAR”). The ARBITRATION AGREEMENT is enforceable only if it is signed by all buyers, sellers and licensees representing or assisting the buyers and the sellers. The ARBITRATION AGREEMENT is not part of the Purchase Agreement. Your Purchase Agreement will still be valid whether or not you sign the ARBITRATION AGREEMENT. The Arbitration System is a private dispute resolution system offered as an alternative to the court system. It is not government sponsored, NCDS and the MNAR jointly adopt the rules that govern the Arbitration System. NCDS and the MNAR are not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of NCDS. All disputes about or relating to disclosure of material facts affecting the use or enjoyment of the property, excluding disputes related to title issues, are subject to arbitration under the ARBITRATION AGREEMENT. This includes claims of fraud, misrepresentation, warranty and negligence. Nothing in this Agreement limits other rights you may have under MN Statute 327A (statutory new home warranties) or under private contracts for warranty coverage. An agreement to arbitrate does not prevent a party from contacting the Minnesota Department of Commerce, the state agency that regulates the real estate profession, about licensee compliance with state law. The administrative fee for the Arbitration System varies depending on the amount of the claim, but it is more than initial court filing fees. In some cases, conciliation court is cheaper than arbitration. The maximum claim allowed in conciliation court is $15,000. This amount is subject to future change. In some cases, it is quicker and less expensive to arbitrate disputes than to go to court, but the time to file your claim and pre-hearing discovery rights are limited. The right to appeal an arbitrator’s award is very limited compared to the right to appeal a court decision. A request for arbitration must be filed within 24 months of the date of the closing on the property or else the claim cannot be pursued. In some cases of fraud, a court or arbitrator may extend the 24-month limitation period provided herein. A party who wants to arbitrate a dispute files a Demand, along with the appropriate administrative fee, with NCDS. NCDS notifies the other party, who may file a response. NCDS works with the parties to select and appoint an arbitrator to hear and decide the dispute. A three-arbitrator panel will be appointed instead of a single arbitrator at the request of any party. The party requesting a panel must pay an additional fee. Arbitrators have backgrounds in law, real estate, architecture, engineering, construction or other related fields. Arbitration hearings are usually held at the home site. Parties are notified about the hearing at least 14 days in advance. A party may be represented by a lawyer at the hearing, at the party’s own expense, if he or she gives five (5) days advance notice to the other party and to NCDS. Each party may present evidence, including documents or testimony by witnesses. The arbitrator must make any award within 30 days from the final hearing date. The award must be in writing and may provide any remedy the arbitrator considers just and equitable that is within the scope of the parties’ agreement. The arbitrator does not have to make findings of fact that explain the reason for granting or denying an award. The arbitrator may require the party who does not prevail to pay the administrative fee. This Arbitration Disclosure provides only a general description of the Arbitration System and a general overview of the Arbitration System rules. For specific information regarding the administrative fee, please see the Fee Schedule located in the NCDS Rules. Copies of the Arbitration System rules are available from NCDS by calling (866) 727-8119 or on the Web at www.ncdsusa.org or from your REALTOR®. If you have any questions about arbitration, call NCDS at (866) 727-8119 or consult a lawyer. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. MN:DS;ADRAA-1 (8/19)Minnesota Realtors® □igiSign Veritied: 17505 lBH-6t:6X-48A3-XEB4-CC4t627334B4 DISCLOSURE STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT 50. Page 2 THIS IS AN OPTIONAL, VOLUNTARY AGREEMENT. READ THE ARBITRATION DISCLOSURE ON PAGE ONE (1) IN FULL BEFORE SIGNING. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT 51. 52. 53. County Hwy 33, Fergus Falls, MN 5653718601For the property located at54. otter TailCity of Fergus Falls , County of55. 56537State of Minnesota, Zip Code Any dispute between the undersigned parties, or any of them, about or relating to material facts affecting the use or enjoyment of the property, excluding disputes related to title issues of the property covered by the Purchase Agreement dated be settled as specified in the Arbitration Disclosure above. National Center for Dispute Settlement shall be the arbitration service provider. The rules adopted by National Center for Dispute Settlement and the Minnesota Association of REALTORS® shall govern the proceeding(s). The rules that shall govern the proceeding(s) are those rules in effect at the time the Demand for Arbitration is filed and include the rules specified in the Arbitration Disclosure on page one (l).This Agreement shall survive the delivery of the deed or contract for deed in the Purchase Agreement.This Agreement is only enforceable if all buyers, sellers and licensees representing or assisting the buyers and sellers have agreed to arbitrate as acknowledged by signatures below. For purposes of this Agreement, the signature of one licensee of a broker shall bind the broker and all licensees of that broker. 56. 57. 58. 3rd 2022 , including claims of fraud, misrepresentation, warranty and negligence, shallJune59. 60. 61. 62. 63. 64. 65. 66. 67. 68.(Date)(Date)(Buyer's Signature)(Seller's Signature) 69. (Buyer’s Printed Name)(Seller's Printed Name) 70.(Date)(Date)(Buyer's Signature)(Seller’s Signature) 71. (Buyer’s Printed Name)(Seller’s Printed Name) B'uw TuiiAmiV72.06-03-2022 (Date)(Licensee Representing or Assisting Buyer)(Licensee Representing or Assisting Seller)(Date) RE/MAX Signature Properties73. (Company Name)(Company Name) THE RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS, SELLERS AND LICENSEES. IF YOU DESIRE LEGAL ADVICE, CONSULT A LAWYER. 74. 75. MN;DS;ADRAA-2 (8/19) Not Interested in Binding Arbitration 06-03-2022 Minnesota Realtors®06-03-2022 ; i I 4, r?/- I 1 ({;UtU2\ERV10VtR22-10-a76.Cmv_eudK«V£IU21CDr6_C(>S.tfaiq 6/22/2022 V g;\2022\CR\in\ER22'10-076.Coiev.audkeVER22IOU7b_COS.diva 6/22/2027 1 '!