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HomeMy WebLinkAbout29000990761000_Variances_04-02-1992Variances 2 Barcode 128 ■pliljj County of Otfer ?■/ 726!?4a-« <2-» application FOR VARIANCE ^ ^ aflii ^ ,1v!v MlCfonistwi as Doc. I FRO/W 1(9 ^ / » A^ Vi f nr\i !MT\/ n^iMMCQrtTA Receipt No. 1^ ■ .li<v <L’i! iP'Si.Pimflp'. «t' 'wf i«ixird 111 ftiis o*fite on tfie.. diy of OTTER TAIL COUNTY, MINNESOTA Counlv BBCofdijf .u,cnt.V:,-ffew»>-^ =»- n N«v<wK sDr%Thoen Owner:'Dosia Last Name Receipt No. . Application Fee $ '^5.00 Phone; 7 69~4300______ Flrsf Middle RR 1 Box 142 Vining MN 56588 Street & No. Lake No. ^ ^ Sec. -----^ 3if _ Twp. City State Zip No. _ Lake Name East Battls Lak6 Range 39 Lake Class RD Twp. Name NidarO'O • 1 iTiLk'd Legal Description:Fire No. or Lake ID # Lots 1 and 2 of Sunnyside Fifth Addtion (Drawing attached) Lot 1 has a home on it. Lot 2 is vacant. Parcel Number 29-000-99-0761-000 VARIANCE REQUESTED IS: To allow separate sales of their lots and that Lot 2 would still be a buildable separate lot. There is a Purchase Agreement on Lot 2 that dates back to January 21, 1992. With the loss of two husbands recently and other personal health problems, this applicant was not aware of proposed zoning changes by the DNR that would make these lots combine. L. t • Health problems this winter include surgery and back problems. (i o jC !' ■.*> r, ts . Re-recorded to correct Section, Township and Range. In order to properly evaluate the situation, piease provide as much supplementary information as possible, such as: m.aps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. / understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. I understand I must contact my township in order to determine whether or not any additional variance and/or permits are required by the township for my proposed project. Application dated March 7 19 92 a Signature Of Applicant Date of hearing; MOTION AS FOLLOWS: 19 9^Time:..M To allow the applicants to offer Lots 1 and 2 of Sunnyside Fifth Addition as individual lots for sale, being that the applicants had a purchase agreement dated prior to February 5th, ! 992 for Lot 2 of Sunnyside Fifth Addition, even though the present ordinance would require that they be combined into one lot since neither lot has the required amount of lake frontage, with the condition and understanding that Lot 2 of Sunnyside Fifth Addition (vacant lot) must be a buildable lot without any additional variances being required. 258,371 — Vicior Lundeen Co., Printers. Fergus Falls, Minnesota toPies-oftifeiMA-L ^mimE(0T5 IM ^^oco^^di&iooiCl^jt 1^ Apr il 2nd. 1992 Poyfi 6 LISENBY. NOVAK AND THOEN-APPROVED Howat'd Lisenby and Evelyn Novak in care of Dosla Thoen, Vining, MN, requested a variance to sell Lot 1 and Lot 2 of Sunnyside Fifth Addition as individual lots. Lot 1 has 1 15' of water frontage , Lot 2 has 1! 8' of water frontage. The required water frontage for lots on this lake is 150'. The present ordinance would require the combining of lots that don't have the required water frontage. The audience was polled with Myron LTox and Lyle Kacjielmyer speaking in favor of tin: variance request. There was no one speaking against the request. Wally Senyk, County Attorney, spoke to the applicants regarding the process by which the ordinance was changed. '\ftei much consideration and discussion, motion was made by Craig Anderson, seconded by John Everts to allow the applicants to offer Lots 1 and 2 of Sunnyside Fifth Addition as individual lots for sale, being that the applicants had a purchase agreement dated prior to February 5th, 1992 for I lit 2 of Sunnyside F ifth Addition, even though the present ordinance would require that the*/ be combined into one lot since neither lot has the required amount of lake frontage. Before this motion came to a vote George Walter offered the following amendment to the motion that Lot 2 of Sunnyside Fifth Addition, which is presently vacant, must be a buildable lot without any additional variances being required. This amendment to the motion was seconded by John Everts A vote on the amendment was called and the amendment to the motion carried with Cecil Femling and Bert Olson voting no. A vote on the amended motion was then called and the amended motion carried with Cecil Femling and Bert Olson voting no. The amended motion would read as follows To allow the applicants to offer Lots 1 and 2 of Sunnyside Fifth Addition as individual lots for sale, being that the applicants had a purchase agreement dated prior to February 5th, 1992 for Lot ;■ of Sunnyside Fifth Addition, even though the present ordinance would require that they be coj'iMned into one lot since neither lot has the required amount of lake frontage, with the coiiiliiion and understanding that Lot 2 of Sunnyside Fifth Addition (vacant lot) must be a build,ibie lot without any additional variances being required. MITCHELL DAVIS-V^ITHDREW riitciiell Davis, Fergus Falls, MN, requested a variance to build a 26' by 36’ house to replace an ox cj;ng mobile home which now lays within the ordinary high water mark. Request a setback cf '-I a the. nearest point Needs a var iance on both sides from the required setback from the iit'diri.iiy high water mark. The property is located between two bodies of water. The property 1 ’ u>. iCr ibed as part of Sub Lot B beginning at the northwest corner of Lot 19, Fish Lake Beach, See' ion 1 of Aurdal Township on Fish Lake No action was taken on this variance as the applicar* had withdrawn his request pr ior to the meeting. With no further business. Chairman Walter declared the meeting adjourned at 10:22 P.M. C"0 W.:TyiirStein, .Secretary vwruvi'W,D OTTER TAIL COUNTY, MINNESOTA Ujenty, HoWaJ =k ^ Receipt No.ji Owner:.^eThoen Dosia L. LMSt Name RR 1 Box 142 Application Fee S 4 5.00. , Phone: 769~430Q__________ Vining MN 56588 Slmml A No. Oiy Lake Name East Battle Lake Sim Zip No R D /33 Ranae 39 Fire No. or Lake ID a .Legal Description: Lots 1 and 2 of Sunnyside Fifth Addtion (Drawing attached) Lot 1 has a home on it. Lot 2 is vacant. Parcel Number 29-000-99-0761-000 VARIANCE REQUESTED IS: To allow separate sales of their lots and that Lot 2 would still be a buildable separate lot. There is a Purchase Agreement on Lot 2 that dates back to January 21, 1992. With the loss of two husbands recently and other personal health problems, this applicant was not aware of proposed zoning changes by the DNR that would make these lots combine. r. .. ...‘ • c Iw u (r.r Health problems this winter include surgery and back problems. Q y 3 nzsC'dRCE In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. I understand I must contact my township In order to determine whether or not any additional variance and/or permits are required by the township for my proposed project. Application dated .March 7 ,92_a Ot ApplicBnt v/j Time:. MOTION AS FOLLOWS: To allow the applicants to offer Lots 1 and 2 of Sunnyside Fifth Addition as individual lots for sale, being that the applicants had a purchase agreement dated prior to February 5th, 1992 for Lot 2 of Sunnyside Fifth Addition, even though the present ordinance would require that they be combined into one lot since neither lot has the required amount of lake frontage, with the condition and understanding that Lot 2 of Sunnyside Fifth Addition (vacant lot) must be a buildable lot without any additional variances being required. C^iPiEs- OfteiiOft i>oeun\Ewr5 l^^ RiF ■A.‘^i>cio‘=iqoit>i ooi CLor\) Ottertail, MN 56571 Lyle Kachelmyer Sales Associate (218)346-2401 Coil anytime May 29, 1992 fiJ Ei k; 9 y St iu’ JUN 0 1 i392 LAND & r^ESOunCE Land and Resource Management Courthouse Fergus Falls, MN 56537 Attention;Tim Dear Tim: Enclosed is the legal description and a drawing of the easement for drainfield purposes on Lot 2, Sunnyside Fifth Addition. Could you please address a letter to Keith Klett, c/o Kram©r Realty, Box 117, Henning, MN 56551 stating that this is in compliance with county zoning regulations and that your office does not object to this. If you have any questions please call me anytime at 346-2401. Thank you very much for your cooperation and help with this matter. Very sincerely, Lyle Kachelmyer U (reserved for mortgage registry tax payment data) (reserved for recording data) MORTGAGE REGISTRY TAX DUE HEREON: Date:, 19^ , THIS CONTRACT FOR DEED is made on the above date by -Dosia L, _ T_hoe_n,, a single person^, (marital status) Seller (whether one or more), and __Richard J■_Txana_and Mary H._Trana_as ]Oint__ --------, Purchaser (whether one or more).tenants and as tenants in common vjith Richard Ogden Johnson Seller and Purchaser agree to the following terms:I li 1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys, real property in,^ -y Vi92 Ottar Tail------------------------County, Minnesota, described as follows: ' ' Lot Two (2) of Sunnyside Fifth Addition, subject to an easement for drainfield purposes over, under and across that part of Lot 2, SUNNYSIDE FIFTH ADDITION, according to the recorded plat thereof, • Otter Tail County, Minnesota, described as follows: Beginning at the most southerly corner of said Lot 2; thence on an assumed bearing of North 15 degrees 59 minutes East along the easterly line of said Lot 2, a distance of 25.0 feet; thence North 53 degrees 48 minutes 07 seconds West a distance of 25 feet; thence South 15 degrees 59 minutes West a distance of 25 feet to the southerly line of said Lot 2; thence South 53 degrees 48 minutes 07 seconds East along said southerly line, a distance of 25.00 feet to the point of beginning. Said Easement is reserved by the seller for the benefit of Lot 1 Sunnyside^^g®er 8erfedi?amliSs SnHpSu-^niXdes^ePongfng^t^ereto (the Property). 2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions, declarations and easements of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Building, zoning and subdivision laws and regulations; (d) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this contract; and (e) The following liens or encumbrances: NONE ■ •'i V j . 4.J 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser’s prompt and full performance of this contract. Seller shall: (a) Execute, acknowledge and deliver to Purchaser a ___WarrantyDeed, in recordable form, conveying marketable title to the Property to Purchaser, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract; (ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered or nprmittpd to prmip nftpr ttip riafp nf fViia ov.,4 REALTOR VI/} t' /h^AS /2A4‘fY PURCHASE AGREEMENT FORM APPROVED BY MINNESOTA ASSOCIATION OF REALTORS* Ottertail Richard J. Trana__________________________________ ,Minn, January 21 RECEIVED OF the sum of Five Hundred and 00/100 ------------------------------------------------------------------------------($5Q0. Qj;j.) dolij\rs check/ to be deposited upon seller acceptance as earnest money and in part payment lor the purchase of property et (Check, Cash, lo be deposited upon acceptance, or Note—State Which) . East Battle Lake near Henninor MN County of.Otter Tail . situated in the , State ot Minnesota, and legalty described as loltows, lo wif. Lot Two (2)/ Sunnyside 5th Addition including all garden bulbs, plants, shrubs and trees, altoKOt'XdtrKrSbKhXIKrK.JflaCtKhXtIeXcaCMVOOX SC«d»«a»'«rlS5CvHrMq«'XrMc}e3cWl')03d!Hc)C!){riS yPSPKiKMCKfjl M'lXpJdX rqOSCKtypKOTIXlX JtrxrKXriJfiX XoW'KgJd'Jl'-KPXiX'lXiJC'iWOiS'eSbfrsstKtMSfjtisO MgtJK'K'lCiXI'X'X<K>K9<r}P!X jfd?’X'7y*rK'KrTC FCTLX KXcgpKjjjiffiXtlS'SWtlJii WX'K’k'TCkbX'i^'k-k'kit K<X’9('X‘k^ orpbSJtWKiSPXfMyjiPX'JdJtWitMiSWKrjClN'XrMKl'XRfi'ST'X'f ony, used and localed on said promises and including also Iho lollowmg personal properly: No Personal Property all of which properly Iho undersigned has this day sold lo the buyer for Iho sum of; Fifteen thousand seven hundred..!i£.ty --------—-------—--. ($L5..i 75.0 ) DOLLARS which.lhe buyer agrees to pay in the lollowing manner: Earnest money herein paid sSXLQjkJuLD and $6 / QQO—. cash on XUC—iQfi £Q!C£!—M-Siy—L# L.SD^_____ ___________ the date of closing. Che balance of $9/250.00 payable as follows: A payment of $1/850.00 principal plus interest to late shall be due May 1, 1993 and on a like date each year thereafter until 1997(a total of 5 payments). Interest shall accrue from May 1/ 1992 at a rate of 8% per annum. Chis entire agreement is subject to the beach meeting the buyer's approval after the ice nelts back from the shore and having enough space on the lot to put in a certified septic system. luyer understands that part of the seller's septic system drainfield is on this lot. Ct is mutually agreed that there are no easements over or across this property. Subject lo perlofmance by the buyer the seller agrees to execute arrd deliver a.Contract for . Warranty Deed (to be joined in by spouse, it any) conveying marketable title lo said premises subject only lo lire lollowing exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective lorleilute provision. (c) Reservation of any minerals or mineral rights lo the Stale o( Minnesota. (d) Utility and drainage easements which do not Interlere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject lo tenancies) Seller agrees lo payT-l 1 S_t__h a l_f_)j( 11,0 ,031 ©state taxes due and payable in the year id ^ ^ Buyer agrees lo pay'2 ( ^^If )ni m© ,03] estate taxes due and payable in the year 19__9-2-------Seller warrants that real estate taxes due and payable in the ye«r(s) tn 9 2 will belull,partial, non-homestead classification (check one). Neither the seller nor seller's agent make any representation of warranty whatsoever concerning the amount ol real estate laxoo which shall ba assessed againsl the prof>erty subsequent lo the dale ol purchase___SOllSCagrees lo pay 3l 1_____ol oil levied sp*aciai assessments and , the approximate arrKiunl ol all jjonding special assessmentss)>ecial assessments certified to the taixes due and payable in the year ol closing and lo place in escrow J_ apptovad by the governing body as ol the dale ol closing. Seller covenants that buildings, if any, are entirely within the boundary lines ol the properly and agrees lo remove all personal property not irrcluded herein and all debris Irom the premises prior lo posession date. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON S/vID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING, The seller lurther agrees to deliver possession not later than__date Of CloSing______________________________ pfovipod that all conditions ol this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days Irom the dale hereof. In the event this property is destroyed or substanliaily damaged by lire or any other cause belore the closing dale, this agreement shall become null and void, at ttis purchaser^ option, and all monies paid hereunder shall be refunded lo him. The buyer and seltw also mutually agree that pro rata adjustments ol rents, interest, insurance and city water, and, in Ihe case ol income properly, current operating expanses, shall be made as ol N / A^]_______________________________________________________________________________ The seller shall, within a reasonable time alter approval ol this agreement, lurnish an abstract o( title, or a Registered Abstract certified lo dale to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be allowed 10 days alter receipt Ihereol lor examinalion ol said title and the making ol any objections Ihoreio, said objections lo bo made in writing or deemed lo be waived. If any ob)ecllons are so made the seller shall be allowed 120 days to make such title markelable. Pending correction of title the payments hereunder required shall be postponed, but upon correction ol lille and within 10 days after written notice lo the buyer, the parties shall perlorm this agreement according to its terms. It said title is not marketable and is not made so within 120 days Irom the date ol written objections thereto as aboved provided, this agreement shall bo null and void, at option 0! the buyer, and neither principal shall be liable lor damages hereunder lo the other principal. All money therelolore paid by the buyer shall be refunded. II Ihe title to said property bo found .marketable or be so made within said time, and said buyer shall default in any ol Iho agreements and continue in default lor a period of 10 days. than, and in Ural case the seller may terminate this contract and on such termination ai! Ihe payments made upon this contract shall be retained by said seller and said agent, as their respective inlorasts may appear, as liquidated damages, time being of Ihe essence hereof. This provision shall not deprive either parly ol Ihe right o' enforcing the specific perlormance 0! this oontmct provided such contract shall not bo terminated as aioresaid, and provided action to enforce such specilic performance shall be commenced within six rnonihs after such hght o! action shall arise. II Is undersicxxl and agreed that this sale is made subject lo the approval by the owner of said premises in writing and that the undersigned agent is in no manner liable ot responsible on account of this agreement, except lo return or account lor Ihe earnest money paid under this contract. ^ This contract contains the entire agreement between Ihe parties, and neither party has relied upon any verbal or written representations agreemenl or understandings not sat forth herein, whether made by any agent or parly hereto. Buyer acknowledges no slalemanis have been made by seller or real estate salespersons regarding seepage ol water through the loundation, basement or roof ol tbs above described premises except as It otherwise provided in an addendum attached hereto. Buyer further acknowledges that, in signing this purchase agreement, buyer relies solely upon personal inspection ol the premises and upon the statements contained In the attached addendum, it any, KlT^!Tt0ir RS^lty____________ nllniilntnft that hatahA la ranraaantlnn tha S 0 1 1 © IT________stipulates that he/sha Is representing lhe_(sgenl/broker) Listing agent or broker stipulates that he/eha is representing the seller In this transaction. The delivery of all papers and monies shall be made at the office ol: Kramer Realty/Acres and Homes Realty Henning/ MN (buyer or seller) Jn this transaction. I, the undersigned, owner of the above land, do hereby approve the above agree­ ment and the sale thereby made. I hfereby agrafe lo purchase the said pro^rty for Ihe price and upon the terms above mentioned, and subject to all conditions herein expressed. Seller (SEAL) Buyer (SEAL) (SEAL) Seller Buyer THIS IS A LEGALLY BINDING CONTRACT IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. Rev. 7/85 (SEAL) Nelson Bros. Printing, !nc., Fergus Fs'ls, MN REALTOR PURCHASE AGREEMENT FORM APPROVED BY MINNESOTA ASSOCIATION OF REALTORS* Minn, RECEIVED OF Ke/'TH Af^o F, HUZZZZZIZIZI($ 5tOO________) DOLLARS 9^. Ihe sum ol C¥fc K, 7b ££ o&i>r,reo nM secLO? and in part payment lor the purchase ol property at(Check. Cash, t^e deposited upon acceptance, or Note—State Which) . situated in the , stale ol Minnesota, and legally described as loilows, to wit:County ol/.(dT- (/) J Sc{AjAjy^/oe f^OP/TVo^ including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including Venetian blinds) curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (wjttv-ony bwnerc, tankCr-stokers and other-equipment Aiaed-4ry cQfweotroTi IMtirewlIh). water softener and liquid gae-tank. and controlo (if-the-property-of-seHer^r Juitip puMp. television antenna. iroincftT, bwiH rfrdi.shwaehor, gaf^c,g»'<liQpasal. ovens, cook top stoves and^ntra) air cotiditioning equipment: if any, used and located on said premises and including also the following personal property; /OodtC, S'Tou<S' /Ci ^ r)y cu^-rr^/j\fs Ql/ajos. :h property the undersigned has this flay sold to Ihe buyer lor the sum ol: Son all of which poLL./f/^j which the buyer agrees to pay in Ihe followingsSoo"^ a>-tf _ DOLLARS and $.Earnest money herein paid $: 77/^ oF hS f-O C.C o oo S ' /)- -OiLY S'/ Ri'Foi^e /n/^V 3^^. /^^z-qP^ //^ , cash on O ^ *■ w - i —______' _ » ' > y 'T.ooo^^OrJ /f- co/^T'/fVf'CT' Fo!^ P&F , the date ol closing. 2>/4f//?7<?'/uV OF ^3oo^ S/F^-^c DkF <2>/V /y OF'T'F S H nno fvF/Y F-'FFG-^ c(ntIL Sj Lutt^/O F^a/T'^ BFF SF Ff^ctt-FA. a:AJTSFFSF- SYFhLc FcC^i^F FFOpv\ aFF'i'T^lt. Ft ^ oP ' . PP/C /f^AA/cC/rjFlcFF 'F'O FFiAF Possess/oaA Hrj^r/c /^^Z. ^ a> Subject to performance by the buyer the seller agrees to execute and deliver a. 7^0 (to be joined in by spouse, if any) conveying marketable title to said premises subject only to Ihe lollowing exceptions: (a) Building and zoning laws, ordinances. State and Federal regulations. (b) Reslriclions relating to use or improvement ol premises without efiective lorleiture provision. (c) Reservation ol any minerals or mineral rights to the Slate ol Minnesota. (d) Utility and drainage easements which do not interlere with present improvements. (e) Rights of tenants as follows: (t^^s specilied.^t subject to tenancies) Seller agrees to pay jPlA. Ighe real estate taxes due and payable in Ihe year 19 BZ. taxes due and payable in the year 1 Hr-.___seller warrants that real estate taxes due and payable in Ihe year(s) 19, - Warranty Deed Buyer ag^es to pay> pay will be. .Tull . non-homestead classification (check one). Neither the seller nor seller's ageni real estate __partial, esenlation ol warranty whatsoever concerning Ihe amount ol real estate taxes . agrees to pay.-BjL . of all levied special assessments and , the approximate amount ol all pending special assessments which shall bo assessed against the property subsequent lo the dale of purchase, special assessments cortilied to the taxes due and payable in the year ol closing and lo place in escrow $J approved by the governing body as o( Ihe dale of closing. Seller covenants that buildings, if any, are entirely within the boundary lines ol Ihe property and agrees to remove all personal property not included herein and all debris from the premises prior to posession date. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. n i d ~7 The seller further agrees to deliver possession not later than Of fv C /. / — agreement have been complied with. Unless otherwise specified this sale shall be closed dn or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by lire or any other cause before Ihe closing dale, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded lo him. The buyer and seller also rnutualiy agree that pro rata adjustments of rents, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as ol - . provided that all conditions ol this The seller shall, within a reasonable time alter approval ol this agreement, furnish an abstract ol title, or a Registered Abstract certified to dale lo include proper searches covering oankrupicies, and Stale and Federal judgments and liens The buyer shall be allowed 10 days after receipt thereof lot examination of said title and the making of any objections hereto, said objections to be made in writing or deemed lo be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending xirreclion of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days alter written notice lo the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the dale of written objections thereto as aboved provided, this agreement shall be null and void, at option at Ihe buyer, and neither principal shall be liable lor damages hereunder lo Ihe other principal. All money therelolore paid by Ihe buyer shall be refunded. If the title to said property ae found marketable or be so made within said time, and said buyer shall delaull in any ol Ihe agreements and continue in default lor a period ol 10 days, then, and in that case the teller may terminate this contracl and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may ippear, as liquidated damages, time being ol the essence hereof. This provision shall not deprive either party ol Ihe right ol enforcing the specific performance ol this contract provided such contract shall not be terminated as aforesaid, and provided action to enlorce such specific performance shall be commenced within six months alter such right of iction shall arise. It is understood and agreed that this sale is made subject lo Ihe approval by Ihe owner ot said premises in writing and that the undersigned agent is in no manner liable or esponsible on accouni of this agreement, except lo return or account lor Ihe earnest money paid under this contract. This contract contains the entire agreement between Ihe parties, and neither parly has relied upon any verbal or written representations agreement or understandings not sat orth herein, whether made by any agent or parly hereto. Buyer acknowledges no statements have been made by seller or real estate salespersons regarding seepage ot water through Ihe foundation, basement or roof of Ihe above lescribed premises except as it otherwise provided in an addendum attached hereto. Buyer further acknowledges that, in signing this purchase agreoment, buyer relies solely upon rersonaypspection ol the premises and upon the sl^ements contained in the attached addendum, II any.stipulates that he/she Is representing the BCl ^ _________ (agent/broker) (buyer or seller) Listing agent or broker stipulates that he/she Is representing the seller In this transaction, he delivery of all papers and monies shall be made at the office of:FFFmFF FPF l. F'r' Box //7 , ,f nJ C, FiaJ, 5 -Sr S / this transaction. ■ t i the sale thereby made. 7 X. -i. k—' Seller Seller THIS IS A LEGALLY BINDING CONTRACT IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. lev. 7/85 Nelson Bros. Printing, Inc., Fergus FaMs.MN