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2008-07-07 Cert of Non Foreign Status CERTIFICATE OF NON FOREIGN STATUS Chicago Title Insurance Company Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform _ ~~1t~"f~4 I>IU.>(the "Transferee") that WithholdiZ of tax is not required upon the disposition of a U.S. real property interest by ;!0?4i(/~,. ,.flt! (the "Transferor/'), the undersigned hereby certifies the following on behalf of the Transferor: 1. That the Transferor is the owner of the following described property, to wit: ,1 /lu.f/U( {(714( ",,.,,,/f ( I'~"~ Block: I Lot: I (: 'Rn/: J,.! ~)i'~1 If /Jll'fl/l/(~ M-1/ Premises: 2. The Transferor is not a non-resident alien for purposes of the U.S. income taxation (as such term is defined in the Internal Revenue Code and Income Tax Regulations). 3. The Transferor's U.S. taxpayer identification number (Social Security Number) is :17/ -~ If - ?tJll~ . , 4. The Transferor's address is 1711.7 ~/~.7;~ Lff!I~~~ ~()/ 5. The Transferor understands that this certification be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment or both. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE EXAMINED THIS CERTIFICATION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IT IS TRUE, CORRECT AND COMPLETE, AND I FURTHER DECLARE THAT I HAVE AUTHORITY TO SIGN THIS DOCUMENT ON BEHALF OF THE TRANSFEROR, ~ ,20~' By: By: By: By: School DistricVBarthel Property Closing Projected closing date: July 7, 2008 Allocations Barthel School District City of Albertville Purchase Price $ 458,000.00 $ (458,000.00) Real Estate Taxes $ 2,513.37 $ (2,513.37) Transfer taxes $ (1,511.40) $ 1,511.:40 Earnest Money $ (5,000.00) $ 5,boo.00 Special Assessments $ (158,054.85) $ 158,054.85 Recording fees $ (143.00) $ 143.00 Joint Powers water fees $ (3,275.48) $ 3,275.48 Net Proceeds $ 292,528.64 $ (455,583.49) $ 163,054.85 SCHOOL DISTRICT NO. 885 DONALD G. BARTHEL ~ CITY OF ALBERTVILLE ~~, (}(Qit~, By: Bridge Iller, City Clerk 00-1 ""U "::00 0-1 ~ mJ: ::Om )>....0 -....0 " C"WC 0 CD ~... C ::a. W -, ... :S. 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'i' 0 ~ .1: . 0 ~ 0 0 ~ . q 3111 75-17021919 M' WARRANTY DEED INDIVIDUAL TO CORPORATION No delinquent taxes and transfer entered; Certificate of real estate value ( ) filed ( ) not required; Certificate of Real Estate Value Number County Auditor by Deputy STATE DEED TAX DUE: $ J;, Ir 7 ,2008 FOR VALUABLE CONSIDERATION, Donald G. Barthel, a widower, Grantor, hereby conveys and warrants to Independent School District No. 885, a municipal corporation organized under the laws of the State of Minnesota, Grantee, real property in Wright County, Minnesota described as follows: Lot 1, Block 1, Barthel Commercial Park Third Addition according to the plat recorded at the Wright County Recorder's Office. Subject to the terms of the conditional right of repurchase set forth on the attached Exhibit A. Grantor certifies that there are no wells on the property. Don~ --' STATE OF MINNESOTA ss. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this M day of rl./ 2008, by Donald G. Barthel, Grantor. /1 MICHAEL C. CaURI NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 7k;dr:~, Notary Public THIS INSTRUMENT WAS DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369, 705 Central Avenue E. St. Michael, Minnesota 55376 Tax statements for the real property described in this instrument should be sent to: Return to: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369, 705 Central Avenue East St. Michael, MN 55376 ISD 885 11343 50th Street N.E. Albertville, MN 55301 EXHIBIT A - Conditional Right of Repurchase. In the event the Grantee or its successors in interest do not construct on the Property 1) an ice arena, or 2) an outdoor sheet of ice, or 3) a parking lot for use by the patrons of the ice arena abutting the Property on its north side (collectively "Arena Improvements "), Grantor shall have the right to repurchase the Property from the Grantee for the sum of the following amounts subject to the conditions set out below: A. The purchase price paid by Grantee under this Agreement; and B. The cost of any soil correction performed by Grantee upon the Property; and C. The sum of A and B above multiplied by the percentage cumulative change in the Consumer Price Index as measured by the federal government from the date of this deed to the date Grantor repurchases the Property from Grantee. In the event no such Arena Improvements have been constructed on the Property as required under this Exhibit A and Grantee either 1) declares its intent to construct improvements on the Property other than Arena Improvements; or 2) proposes to sell the Property to a third party for use other than for Arena Improvements, Grantor shall be entitled to repurchase the Property as described in this Exhibit A. Within 60 days of Grantee's written notification to Grantor (personally delivered) of Grantee's intent to sell the Property or to use it for other than Arena Improvements, Grantor shall notify Grantee in writing of its intent to repurchase the Property by personally delivering such notice to the Superintendent of Independent School District No. 885. Upon proper exercise of such right Grantee and Grantor shall close on such sale within 90 days of exercise by Grantor. This conditional right of repurchase shall expire and be null and void upon 1) the construction of Arena Improvements; or 2) Grantor's failure to exercise its right of repurchase within 60 days after notice of Grantee's intent to sell the Property or to use it for other than Arena Improvements. l1S-M AFFIDAVIT REGARDING PURCHASERS Individual Minnesota Conveyancing Forms-1l5-mv J - rgValley PC Services (9/99) STATE OF MINNESOTA ) )ss. ) Affidavit Regarding Purchaser(s) COUNTY OF WRIGHT Donald G. Barthel being first duly sworn, on oath say(s) that: 1. He is the person( s) named as Grantor in the document dated as Document Number (or in Book in the office of the County Recorder of Wright County, Minnesota. and filed for record, of page ), 2. Said person(s) (is) (are) oflegal age and under no legal disability with place ofbusiness(es) (respectively at) and for the last ten years (have) (has) resided at: 1/1-317 f,tJ~k t1~~1 ~)3()1 3. There are no: jJ/-73 I)~ ~~J(~ ~#1~, f.>;ltJ! a. Bankruptcy, divorce or dissolution proceedings involving said person(s) during the time period in which said person(s) have had any interest in the premises described in the above document ("Premises"); b. Unsatisfied judgments of record against said person(s) nor, to your Affiant(s) knowledge, any actions pending in any courts which affect the Premises; c. Tax liens filed against said person(s); except as herein stated: 4. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names, during the time period in which the above named person( s) (has) (have) had any interest in the Premises, are not against the above named person(s). 5. Any judgments or tax liens of record against parties with the same or similar names are not against the above named person(s). 6. Said person(s) (has) (have) not ordered or arranged for any labor or materials to be furnished to the Premises for which payment has not been made. 7. There are no persons in possession of any portion of the Premises of which Affiant(s) (has) (have) knowledge, other than pursuant to a recorded document, except as stated herein: That Affiant(s) know(s) the matters herein stated are true and make(s) this Affidavit for the purpose of inducing the acceptance of title to the Premises. L ~ Subscribed and sworn to before me ou this '];!{J, ~ NO< AROAUT AM' 0",",' (OR ornER un> OR~) . - <. - L " SIGNATURE OF PERSON TAKING ACKNOWLEDGEMENT MICHAEL C. CaURI NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31,2010 THIS DOCUMENT WAS DRAFTED BY (NAME AND ADDRESS)