Property Disclosures

counse 6T SELLER'S PROPERTYD]SCLOSURE STATEMENT

This form approved by the Minnesota Association of REALTORSo,which disclaims any liability arising out of use or misuse of this lorm.

@ 2009 Minnesota Association of REALTORS@, Edina, MN

re!lty, :nc.

1 . Date

2. _ . ..- pages

THE INFORMATION DISCLOSED IS GIVEN TO THE BEST OF SELLER'S KNOWLEDGE.

NOTICE: This Disclosure Statement satisfies the disclosure requiremenls of MN Statutes 513.52 through 513.60.Under Minnesota law, Sellers of residential property, with limited exceptions listed on page nine (9), are obligated todisclose to prospective Buyers all material facts of which Seller is aware that could adversely and significantly affectan ordinary Buyer's use or enjoyment of the property or any intended use of the property ol which Seller is aware.MN Statute 513.58 requires Seller to notify Buyer in writing as soon as reasonably possible, but in any eventbefore closing, if Seller learns that Sellefs disclosure was inaccurate. Seller has disclosure alternatives allowedby MN Statutes. See Seller's Disclosure Altemativeslorm lorfurther information regarding disclosure alternatives. Thisdisclosure is not a warranty or a guarantee of any kind by Seller or licensee representing or assisting any party in thetransaction.

13. INSTRUCTIONSTO BUYER: Buyers are encouraged to thoroughly inspect the property personally or have it inspected14. by a third party, and to inquire about any specific areas of concern. NOTE: ll Seller answers NO to any ol the questions15. listed below, it does not necessarily mean that it does not exist on the property. NO may mean that Seller is unaware'16. that it exists on the property.

17. INSTRUCTIONS TO SELLER: (1) Complete this lorm yourself. (2) Consult prior disclosure statement(s) and/or18. inspection report(s) when completing this form. (3) Describe conditions affecting the property to the best of your19. knowledge. (4) Attach additional pages, with your signature, if additional space is required. (5) Answer all questions.20. (6) lf any items do not apply, write "NA" (not applicable).

21. Property located at

City of

4.5.o.

7.8.o

10.11.12.

. County of

A. GENERAL INFORMATION:

(1) When did you l] Acquire I I Build the home?- - - - -- ( C h e ck on e. )- - ---- "

(2) Type of title evidence: I Abstract ]j Registered (Torrens)

State of Minnesota.

Location ol Abstract:

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35.JO.

37.38.39.

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To your knowledge, is there an existing Owner's Title lnsurance Policy?

(3) Have you occupied this home continuously lor the past 12 months?

requirements? |Yes fj tloll "No;' or "Unknown," Buyer should consuli the local zoning authority.

Are you aware of any(9) encroachments?(10)association, covenants, historical registry, reservations or restrictions that affect or

may atfect the use or future resale of the property?

(1 1)easements, olher than utility or drainage easements?

lves. iYes

Il rvo

f]tiolf "No," explain:

(4) ls lhe home suitable for year-round use? I lyes lmo(5) To your knowledge, is the property located in a designated flood plain? f]Yes [l ruo

(6) Are you in possession of prior seller's disclosure statement(s)? (lf "Yes," please attach.) !Yes l-l tlo(7) ls the property located on a public or a private road? ! eubtic I Private

(8) For property abutting a lake, stream or river, does the property meet the minimum local government lot size

l] unknown

flves t] r,lo

lYes fl tloflYes Ll ruo

42. (1z)Comments:

43. ORIGINAL COPYTO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER.MN: SPDS-1 (8/09)

counse otfcrlty, in..

SELLER'S PROPERTYDISCLOSURE STATEMENT

44. Pagez

45. THE INFORMATION OISCLOSED IS GIVENTOTHE BEST OF SELLER'S KNOWLEDGE.


47. B. GENEHAL CONDITION: To your knowledge, have any of the following conditions previously existed or do they48. currently exist?

Has there been any damage by wind, fire, flood, hail or other cause(s)? [=l ves I tlo

lf "Yesj' give details of what happened and when:

4e. (1)

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54. (21 (a)

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56.q7

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59.

Has/Have the structure(s) been altered?

(e.g., additions, altered roof lines, changes to load-bearing walls) lyes E wo

lf "Yesj'please specify what was done, when and by whom (owner or contractor):

(c) Were appropriate permits pulled for any work performed on the property? f] Yes I tto

Has there been any damage to flooring or floor covering? lYes I tto

lf "Yes," gjve details ol what happened and when:

60. (b) Has any work been performed on the property? (e.9., additions to the property, wiring, plumbing,

61. retaining wall, general finishing.) f Ves I t'lo

ll "Yes," please explain:62.

63.

64.

65.

66.

67. (3)

68.

69.

TU.

71.

72. (4) Are you aware ol any insecvanimal/pest infestation?

73. (5) Do you have or have you previously had any pets?

74. lf "Yes," indicate type

f Yes f] lro

f lYes I tlo

and number

75. (6) Comments:

to.

77.

78.

79. ORIGINAL COPYTO LISTING BROKER; COPIESTO SELLER, BUYER, SELLING BROKER.

MN: SPDS-2 (8/09)

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80.

81. THE INFORMATION DISCLOSED IS GIVENTOTHE BEST OF SELLER'S KNOWLEDGE.

A2. Property located at

83. C. STRUCTURAL SYSTEMS: To your knowledge, have any of the following conditions previously existed or do they84. currently exist?

85. (ANSWERS APPLY TO ALL STRUCTURES, SUCH AS GARAGE AND OUTBUILDINGS.)

86. (1)THE BASEMENT, CRAWLSPACE, SLAB:

87. (a) cracked floor/walls [Ves X ruo (e) leakage/seepage [ves tr ruo

88. (b) drain tile problem f Ves I tlo (t) sewer backup [Yes X ruo

89. (c) flooding [Yes tr mo (g) wet floors/walls IYes [] ruo

90. (<ii fbundation problem [ves91. Give detalls to any questions answered "Yes":

T] uo (h) other [ves I ruo

92.

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100.

101. (2) THE ROOF: To your knowledge,

102. (a) what is the age of lhe roofing material? years

103. (b) has there been any interior or exterior damage?

104. (c) has there been interior damage from ice buildup?

105. (d) has there been any leakage?

106. (e) have there been any repairs or replacements made to the roof?

107. Give details to any questions answered 'Yes":

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109.

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't17. ORIGINAL COPYTO LISTING BROKER; COPIESTO SELLER, BUYER, SELLING BROKER.

MN:SPDS-3 (8/09)

fves ltto[ves f ruo

f ves I tto

[ves I tto

counse 6F SELLER'S PROPERTYDISCLOSURE STATEMENT

1 18. re.rlty, inc.

1 19. THE INFORMATION DISCLOSED IS GIVEN TO THE BEST OF SELLER'S KNOWLEDGE.

120- Property located at

D. APPLIANCES, HEATING, PLUMBING, ELECTRICAL AND OTHER MECHANICAL SYSTEMS:NOTE: This section refers only to the working condition of the following items. Answers apply to all such

items unless otherwise noted in comments below. Personal property is included in the sale ONLY lFspecifically relerenced in Ihe Purchase Agreement.

Cross out only those items not physically located on the property.

121 .

122.123.124.

'125.

126. ln Working Order127. Yes No

128. Air-conditioning Il I129. I Central IWall trWindow130. Air exchange system I I131. Carbon Monoxide Detector ! I'132. Ceiling fan tr I133- Dishwasher I I134. Doorbell tl I135. Drain tile system n I'136. Dryer tl I137. Electrical system I I138. Exhaust system 1] I139. Fire sprinkler system I {]140. Fireplace |] I141 . Fireplace mechanisms l] I142. Funace humidifier t] []143. Frcezet ll Il144. Garage door opener (GDO) n f]145. carage auto reverse n L]146. cDO remote I I

ln Working OrderYes No

Lawn sprinkler system t] IMicrowave L=

Plumbins ll nPool and equipment I IBange/oven I tBange hood I IRelrigerator I ISecurity system I I

I Rented I owned

Smoke detectors (battery)[ f]Smoke detectors (hardwired) ! nSolar collectors |] i,lSump pump tl nToilet mechanisms fl l-l

ln Working OrderYes No

TV satellite receiver f'.] If Rented i-l owned

Washer IWater heater IWater treatment system I

I Rented I Owned

Windows IWindow treatments IWood-burning stove fl

uflI]

TrTIT

rTTu:,,IL]u

carbage disposal al I Trash Compactor il tfHeating system lcentrat) f] l] TV antenna system I flHeating system (supplemental) | f,l TV cable system n [jlncinerator I . TV satettite dish tr tllntercom I t] [ Rented [Owneo

Other

Other

Other

Other

Other

147. Comments:

'148.

'149.

I 5U.

151 .

152.153.

154.155.

156.157.

158.

E. SUBSURFACE SEWAGE TBEATMENT SYSTEM DISCLOSUHE:(A subsurface sewage treatment system disclosure is required by MN Statute 115.55.) (Check appropriate box.)

Seller certifies thal Seller i .-DO_ESil ?f.F: _IOa

kno", of a subsurface sewage treatment system on or serving

the above-described real property. (lf answer is DOES, and the system does not require a state permit, seeSubsuiace Sewage Treatment System Disclosu re Statement.)

; - fnere is a subsurface sewage treatmenl system on or serving the above-described real property.(See Subsuiace Sewage Treatment System Disclosure Statement.)

' r There is an abandoned subsurface sewage treatment system on the above-described real property.(See Subsuiace Sewage Tteatment System Disclosure Statement.)

ORIGINAL COPYTO LISTING BROKER; COPIESTO SELLER, BUYER, SELLING BROKER.MN: SPDS-4 (8/09)

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counselofrealty, inc.


159.

160. THE INFORMATION DISCLOSED IS GIVEN TO THE BEST OF SELLER'S KNOWLEDGE.

16.1 . Property located at

162. F. PRIVATE WELL DISCLOSURE: (A well disclosure and Certilicate are required by MN Statute 1031.235.)163. (Check appropriate box.)

164. ! Seller certifies that Seller does not know of any wells on the above-described real property.

165. I Seller certifies there are one or more wells located on the above-described real property.166. (See Well Disclosure Statement.)

167. Are there any wells serving the above-described property that are not located on the property? IYes I tto

168. To your knowledge, is this property in a SpecialWell Construction Area?

169. G. PROPERTY TAX TREATMENT:170. Valuation Exclusion Disclosure (Required by MN Statute 273.11, Subd. 16.)171. (Check appropriate box.)172. There ! lS I lS NOT an exclusion from market value for home improvements on this property. Any

---- - (Check one. r--- --173. valuation exclusion shall terminate upon sale of the property, and the property's estimated market value lor174. property tax purposes shall increase. lf a valuation exclusion exists, Buyers are encouraged to look into the175. resulting tax consequences.

176. Additionalcomments:

lYes I uo

177.

178.

179. Preterential Prooe.tv Tax Treatment180. Is the property subject to any preferential property tax status or any other credits affecting the property?

181 . (e.9., Disability, Green Acres, CRe RlM, Rural Preserve)

182. lf "Yes;'would these terminate upon the sale of the property?

[ves I No

fves luo183. Explain:

184.

'185.

186. H. METHAMPHETAMINE PRODUCTION DISCLOSURE:187. (A Methamphetamine Production Disclosure is required by MN Statute 152.0275, Subd.2 (m).)

188. I Seller is not aware of any methamphetamine producljon that has occurred on lhe property.

189. [l Seller is aware that methamphetamine production has occurred on the property.190. (SeeMethamphetamineProductionDisclosureStatement.)

191. l. NOTICE REGARDING AIRPORT ZONING REGULATIONS: The property may be in or near an airport safety192. zone with zoning regulations adopted by the governing body that may affect the property. Such zonlng regulations193. are filed with the county recorder in each county where the zoned area is located. If you would like to determine194. if such zoning regulations affect the property, you should contact the county recorder where the zoned area is195. located-

196. J. NOTICE REGARDING CARBON MONOXIDE DETECTORS:197. MN Statute 299F.51 requires Carbon Monoxide Detectors io be located within ten (10) feet lrom all sleeping198. rooms. Carbon Monoxide Detectors may or may not be personal property and may or may not be included in the199. sale ol the home.

200. ORIGINAL COPYTO LISTING BROKER; COPIESTO SELLER, BUYER, SELLING BROKER.

MN: SPDS-5 (8/09)

counge 6T SELLER'S PROPERTYDISCLOSURE STATEMENT

201. leclty, lnc.


204. K. CEMETERY ACT:205. MN Statute 307.08 prohibits any damage or illegal molestation of human remains, burials or cemeteries. A person

206. who intentionally, willfully and knowingly destroys, mutilates, in.iures, disturbs or removes human skeletal remains

2O7. or human burial grounds is guilty of a felony.208. To your knowledge, are you aware of any human remains, burials or cemeteries located

2Og. on the property? i]Yes I ruo

210.

2'11.212.213.214.

215. L.216.217.

218.

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226.

227.

lt "Yes," please explain:

Are you aware ilthere are currently, or have previously been, any orders issued on the property by any governmental

lf answer above is "Yes;' seller certifies that all orders l] HAVE I HAVE NOT been vacated.------- ( C h e c k o ne. )- - - - - - - -

Give details to any question answered 'Yes":

All unidentilied human remains or burials found outside of platted, recorded or identified cemeteries and in contextswhich indicate antiquiiy greater than 50 years shall be dealt with according to the provisions ol MN Statute 307.08,Subd.7.

ENVIRONMENTAL CONCERNS:To your knowledge, have any of the following environmental concerns previously existed or do they currently existon the property?

Asbestos? lYes E tto Mold?

Diseased trees? flYes I tlo Radon?

Formaldehyde? f ves [J ruo Soil problems?

Hazardous wastes/substances? !Yes I ruo Underground storage tanks?

Lead? (e.g., paint, plumbing) lYes I t'lo Other?

lYes fl tto

f,-lves I ruo

ilves l]ruoflves Ll ruo

f Yes L-l tto

authority ordering the remediation ol a public health nuisance on the property? ilves fl t'lo

228.

229.230.231 .

232.

M. OTHER DEFECTSI/MATERIAL FACTS:Are you aware ol any other material facts that could adversely and significantly affect an ordinary buyer's use orenjoyment ol the property or any intended use of the property? flYes [] ruo

lf "Yes," explain below:

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235.

236.

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239.

N. ADDITIONALCOMMENTS:

240. ORIGINAL COPYTO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER.

MN: SPDS-6 (8/09)

SELLER'S PROPEFTYDISCLOSURE STATEMENT

241. PageT

242. THE INFORMATION DISCLOSED IS GIVEN TC}THE BEST OF SELLER'S KNOWLEgGE.

243. O, WATER INTRUSION AND MOLD GROWTH: Flecent studies have shown lhal var:ous lorms ot water intrusion244. afloct many homes. Water intrusion may occur from e)derio. moisture entering the home andlor interior moisture245. leaving the home.

246. Fxamples of exier:or moisture sources may be

247. . improper flashing around windows and doors,

248. . improper grading,

249. . flooding,250. . rool leaks.

251. Examples of interior moisture sources may be

ZS2. . plumbing leaks,

253. . condensation (caused by indoor humidity that is too high or surfaces that are too cold),

254. . oveflow from tubs, sinks or toilets,255. . tirewood stored indoors,

256. . humidifier use,

257 . . inadequate venting of k;tchen and bath humidity,

258. . improper venling oi clothes dryer exhaust outdoors (including electrical dryers),

259. . line-drying laundry indoors,

260. . houseplants-watering them can generate large amounts of moisture.

261. ln addition to the possible structural damage water intrusion may do to the property, water intrusion may also result262. in the growth of mold, mildew and other fungi. Mold growth may also cause structural damage to the properly.263. Therefore, it is very important to detect and remediate water intrusion problems.

264- Fungi aro present everywhere in our environment, both indoors and outdoors. Many molds are beneficial to265. humans. However, molds have the ability to produce mycoloxins that may have a potenlial to cause serious health266. prob:ems, particularly in some immunocompromised individuals and people who have asthma or allergies to267. mold.

268. To complicate ma:ters, mold growth is often ditficult to detect, as it frequently grows within the wall slructure. lf you269. have a concern about water intrusion orthe resulting mold/mildewfungi growth, you may want to consider having the270, property inspected for moisture problems before entering into a purchase agreement or as a condition of your271. purchase agreement. S:Jch an analysis is particularly advisable if you observe staining or musty odo,s on the272. property.

273. For additionat information about waier intrusion, indoor air quality, moisture or mold issues, go to:he Minnesota274. Association ol REALTORS@ web site a: www.mn,ealtor.com.

275. ORIGINAL COPY TO LISTING BBOKER; COPIESTO SELLER, BUYER, SELLING BROKER.

MN; SPDS-7 (8/09)

counselofle.rlty, lnc.


276.


279. P. NOTTCE REGARDING PREDATORY OFFENDER INFORMATION: lnformation regarding the predatory280. offender registry and persons registered with the predalory offender registry under MN Statue 243.166281. may be obtained by contacting the local law enforcement offices in the community where the ploperty282. is located or the Minnesota Department of Corrections at (651) 361-7200, or lrom the Department of283. Cortections web site at www.corr,state,mn,us.

284.285.

286. O. SELLER'S STATEMENT:287. (To be signed at time of listing.)288. Selle(s) hereby states the material facts as stated above are true and accurate and authorizes any licensee(s)289. representing or assisting any party(ies) in this transaction to provide a copy of this Disclosure to any person or29O- entity in connection with any actual or anticipated sale of the property.

LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARENOT RESPONSIBLE FOH ANY CONDITIONS EXISTING ON THE PROPERTY.

R. BUYER'SACKNOWLEDGEMENT:(To be signed at time of purchase agreement.)l/vve, the Buye(s) ol the property, acknowledge receipt ol this Seller's Property Disclosure Statement and agreethat no representations regarding material facts have been made other than those made above.

S. SELLER'SACKNOWLEDGMENT:(To be signed at time of purchase agreement.)AS OFTHE DATE BELOW, l/we, the Selle(s) of the property, state that the material facls stated above are thesame, except for changes as lndicated below, which have been signed and dated.

291 .

292.293.294.295.

296.

297 .

298.299.300.

301.

302.

303.

304.

305.

306.

307. For purposes of the seller disclosure requirements of MN Statutes 513.52 through 513.60:

308. "Residential real property" or "residential real estate" means property occupied as, or intendod to be occupied as, a309. single-family residence, including a unit in a common interest community as defined in MN Statute 5158.1-103, clause31 0. (10), regardless of whether the unit is in a common interest community not subject to chapter 5158.

311. The seller disclosure requirements of MN Statutes 513.52 through 513.60 apply lo the transfer of any interest in

312. residential real estate, whether by sale, exchange, deed, contract for deed, lease with an option to purchase or any313. other option.

314. ORIGINAL COPYTO LISTING BROKER; COPIESTO SELLER, BUYER, SELLING BBOKER.

MN:SPDS-8 (8/09)

SELLER'S PROPERTYI}ISCLOSURE STAf,EMENT

315.

335.JJO-

337.338.

317. Exceptions318. The se'ler disdosure requirements ot MN Statutes 513.52 ahrough 513.60 DO NOT apply to319. (1) real property that is not residential real property;320. (2) a gratuilous transter;321. (3) a transfer pursuant to a court order;322. (4) a lransler to a government o. governmental agency;323" (5) a transler by foreclosure or deed in lieu of foreclosure;324. (6) a iransfer to heirs or devisees of a decedenl;325. (7) a transler lrom a cotenant to one or more olher colenants;326. (8) a transfer made to a spouse, parent, grandparent, ch:ld or grandchild of Seller;327. (9) a transfer between spouses resulting from a decree of marriage dissolution or from a property328. agreement incidental to that decree;329. (10) a transler ot newly constructed residential property that has not been inhabited;330. (11) an option to purchase a unit in a common interest community, until exercised;331 . (12) a transfer to a person who controls o. is controlled by the grantor as those terms are defined with .espect332. lo a declarant under section 5158-1-103, clause (2);333. (13) a transfer to a tenanlwho is in possession ofthe residential real property; or334. (14) a transfer of special declarant rights under section 5158.3-104.

WaiverThe written disclosure required under sections 5.13.52 to 513.60 may be waived iJ Seller and the prospective Buyeragree in writing. Wa:ver 01 the disclosu,e required under sections 513.52 to 513.60 does not waive, lim:t or abridgeany obligation Jor seller disclosure crealed by any other law.

339. No Dutv to Da$close340- A. There is no duty to disclose the lact that the property341. (1) is or was occupied by an owner or occupant who is or was suspected to be intected with Human342. lmmunode;ciency Virus or diagnosed with Acquired lmmunodeaiciency Syndrome;343. (2) was the site ol a suicide, accidental death, natural death or perceived pa.anormal activity; or344. (3) is iocated in a neighborhood containing any adult family home, community-based residenlial {acility or nursing345. home-

346. B. Predatory Offenders. There is no duty to disclose inlormation regarding an otfender who is required to register347. under MN Slatute 243.166 or about whom notif:cation is made under that section, il Seller, in a timely manner,348. provides a written notice that information about the predatory offender registry and persons registeted with the349. regislry may be obtained by contacting the local law enlorcement agency where the property is located or the350. Department ot Corrections.

351 . C. The provisions :.r pa,agraphs A and B do not create a duty to disclose any facls described in paiagraphs A and B352. lor property thal is not residential property.

353. D. lnspections.354. (i) Except as provided in paragraph (ii), Seller is not .equired to disclose informaaion relating to the real property355. if a written .eport that discloses the information has been prepared by a qualitied third party and provided to356. the prospeclive buye:. For purposes of this paragraph, "qualilied third party'means a federal, state or local357. governmen:al agency, or any person whom Seller or prospective buyer reasonably believes has the expertise358. necessary to meet the industry starda.ds oi praclice for lhe type oJ inspeciion or inves*gation lhai has been359. conducled by the third pa.ty in order to prepare the w.ilten report.360. (ii) Seller shall disclose lo the prospective buyer maierial facts known by Seller tha: coniradicl any information361. included in a written repo:t under paragraph (i) if a copy ol the reporl is provided :o Seller.

362. ORIGINAL COPYTO LISTING BROKER; COPIESTO SELLER, BUYER, SELLING BHOKFR.

MN:SPDS-g (8/09)

Property Disclosures

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