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HomeMy WebLinkAbout2250V $",No, 3•M— WARRANTY OEEO Mrweeob uldtom Cor ve Boers /boys (If7a1 4PS4.325..__ -ww os«. Ce r.wpan 1r4%vdued10toCotpast + a+ /' � 1 / •' of Psrtnwlno0 f r► V v i 7 L No delinquent taxes and transfer enter : Certificate of Real Estate Value ( ) filed ( ) not iced FE,E•REQUIRED Certificate 1e; ISM Value No. EMON T. IIYffC�twam►tmuuna I r,•a..,� amps cwn tawtssu ,c.,1:,.v .; ��' � � •• �s; : MAY 31A981 County Auditor ` t I by � � ?�Deputy STdT DEED TAX DLIE HEREON, S --j-'-'-f+�°"�— Date: , 19"— t6 .7y 1984MAY 31 PM I: 38 AS f (?CI•rt N 14R94326 e? to-- e,4. Co FEC0001N (reserved for recording d FOR VALUABLE CO\SIDERATIO \, WALLACE B KENNETH and JEAN M KENNETH, husband and wife, lrUSl tts Grantor (s), (mWel hereby conveys) and warrant (s) to CITY OF EDINA ,Grantee, a municipal corporation under the laws of Minnesota real property in Hen ^Agin _County, Minnesota, described as follows: See Exhibit A attached hereto and hereby made a part hereof. 1,1 Tote space ,f needed, continue on back) together with all heredi.aments and appurtenances belonging thereto, subject to the following exceptions, (1) Easements to the City of Edina for public roads and utilities. (2) Real estate taxes and installments of special assessments payable in 1984 and subsequent years: -- _ (3) The Easement described on Exhibit B attached -trexvto- -and m_a a part hereof. This Deed is exempt from payment of state deed stamps pursuant to WALLA B. NNET MinnesoAt&,jpatjtegt Serail' on 287.22. _ EAN M. KENNETH STATE OF MINNESOTA } COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this By of __ter ,19 84. by WALLACE B KENNETH married to TH__ Grantor (s). I NoTAR1ALi STAMP OR SEAL (OR OTHE R TITL= OR RANK) 1 JONATHAN J. OVIATT yr NotMT ►UeldC - MINNf30TA /I(Ihy'yy HENNEPIN COUNTY tay Commiszk9n E■pkoe Piw. 77, tK0 iTHIS INSTRUMENT WAS DRATTED BY (N AMR AND ADDRESS): DORSEY 3 WHITNEY (JDG) 2200 First Bank Place East Minneapolis, Minnesota 55402 It or PRS r the reel ..Me end C7ifi t,�I cflP6— � �o� z✓. y-o� to ULU bu"Meat ehot" i STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of •)71 !::3- 1984, -by JEAN---M - XENNETH, married to WALLACE B. KENNETH, Grantor(s). . Signature &f Per on taking Acknowledgement .. n� ,v�wv�vnNwv��uuw�nnnnrv�,w�,.. pr.rrpT 1 hkG S' �R ♦ ``'' Mv Crmr^ r t, , s ki, 1). 10%AAAA AAA Am M :► '+ EXHIBIT A PARCEL NO. 1: Lots 6 through 12 inclusive and 28 through 35 inclusive, all in Block 1, INTER-LACHEN HILLS-3RB— ADDITION; according to the recorded plat thereof. - _ - -- - — PARCEL NO. 2: That part of Lincoln Drive, INTERLACHEN HILLS 3RD ADDITION, acc:ordi►;g to Lhe recorded plat thereof, Which lies south of a straight line commencing at the southeast corner of Lot 34, Block 1, and terminating at the southwest corner of Lot 5 in said Block 1. PARCEL NO. 3: That part of Lot 2. Block 2. INTERLACHEN HILLS 3RD ADDITION, according to the recorded plat thereof, described as follows: commencing at the northwest corner of said Lot 2; thence South 0 degrees 02 minutes 00 seconds West. assumed bearing, along the west line of said Lot 2, a distance of 207.17 feet to the point of beginning of the land being described; thence South 69 degrees 58 ■inutcs 00 seconds East, a distance of 355.00 feet; thence North 41 degrees 34 minutes 58 seconds Basts a distance of 199.34 feet to the easterly line of said Lot 2; thence South 40 degrees it minutes 31 seconds East. along said easterly line a distance of 65.95 feet to a point of curve in said easterly line; thence southerly a distance of 83.62 feet, along sa4d easterly line, being a tangential curve, concave to the crest. having a radius of 258.46 feet and a central angle of 18 degrees 32 minutes 17 seconds; thence South 52 degrees 25 minutes 51 seconds West, not tangent to the last said curve, a distance of 172.51 feet to an intersection with the northerly extension of the west lines of Lots 29 through 35, Block 1, in said INTLRLACHEN HILLS 3RD ADDITION; thence South 0 degrees 11 minutes 18 seconds East. along said extended line, a distance of 55.00 feet to the south line of said Lot 2; thence North 69 degrees 58 minutes 00 seconds West along the south line of said Lot 2. a distance of 436,18 feet to the southwest corner of said Lot 2; thence North 0 degrees 02 minutes 00 seconds Last, along the west line of said Lot 2. a distance of 132.83 feet to the point of beginning. EXHIBIT B Grantors hereby grant, bargain, sell and warrant to the City of Edina, and this Warranty Deed is subject to, an easement in perpetuity for public road purposes, includ- ing the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing said public road in, over and across the following described property: All that part of Lot 2, Block 2, INTERLACHEN HILLS 3RD ADDITION, which lies within the circumference of a circle having a radius of 40 feet; the center of said circle being a point drawn at a right angle to and distant 8.0 feet easterly from a point in the easterly line of said Lot 2 therein distant 126.25 feet southeasterly, as measured along said easterly line, from the northeast corner of said Lot 2. r M Z' C D Z M io o Ia—, 3 M '0 M D Z m W .0 Z M N O s N N A Q 1 , 'NO. 5 FORM 169 �O Compllote Title Service TITLE INSURANCE ESCROW SERVICE ABSTRACTS OF TITLE SEARCHES FOR TAXES JUDGMENTS III; fi j AND FEDERALoftS BANKRUPTCY PROCEEDINGS SPECIAL ASSESSMENTS SEARCHES RECORDING SERVICE REGISTERED PROPERTY ABSTRACTS =J RW Member of: rrsi�srsBSOta MLTA -� /ond tiY/B pan. � o Order No. H 1+261 aZfo 9 3 . Abstract of Title to Lots 1 to 12, inclusive, and 28 to 35,-inclusive, Block, 1; Lots 1 and 2, Block .; a n Inte- lachen Dills 3rd Addition "This abstract of title is a history of the record title f of the property described therein and does not represent that the title is good and marketable. " This certifies the within statement from Nos. 187 to 201 inclusive, to be a correct Abstract of Title to land described in No. 187 therein as appears of record in the Real Estate Division of the office of the County Recorder in Hennepin County, Minnesota, since July 28, 1977, 7AM including Taxes 351 -179 according to the general tax records of said County. Dated April 2, 19 81+ , 7 a.m. TITLE INSURANCE COMPANY OF MINNESOTA By C.)O' Assistant Secretary Re Moss and Barnett Deliver to i TITLE INSURANCE COMPANY OF MINNESOTA TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55101 Telephone 371 -1111 Area Code 612 0 y CONVERSION TABLES r Rods Feet Rods Feel Rods Feet Rods • Feel Rods Feet Rods Fed Rods Feet Rods Feet Rods Feet Rods Feat 1 16.5 11 181.5 21 346.5 31 511.5 41 676.5 51 841.5 61 1006.5 71 1171.5 81 1336.5 91 1501.5 2 33.0 12 198.0 22 363.0 32 528.0 42 693.0 52 858.0 62 1023.0 72 1188.0 '82 1353.0 92 1518.0 3 49.5 13 214.5 23 379.5 33 544.5 43 709.5 53 874.5 63 1039.5 73 1204.5 83 1369.5 93 1534.5 4 66.0 14 231.0 24 396.0 34 561.0 44 726.0 54 891.0 64 1056.0 74 1221.0 84 1386.0 94 1551.0 5 82.5 15 247.5 25 412.5 35 •577.5 45 742.5 55 907.5 65 .1072.5 75 1237.5 85 1402.5 95 1567.5 6 99.0 16 264.0 26 429.0 36 594.0 46 759.0 56 924.0 66 1089.0 76 1254.0 86 1419.0 96 1584.0 7 115.5 17 280.5 27 445.5 37 610.5 47 775.5 57 940.5 67 1105.5 77 1270.5 87 1435.5 97 1600.5 8 132.0 18 297.0 28 462.0 38 ' 627.0 48 792.0 58 957.0 68 1122.0 78 1287.0 88 1452.0 98 1617.0 9 148.5 19 313.5 29 478.5 39 643.5 49 808.5 59 973.5 69 1138.5 79 1303.5 89 1468.5 99 1633.5 10 165.0 20 330.0 30 495.0 40 660.0 50 825.0 60 990.0 70 1155.0 80 1320.0 90 1485.0 100 1650.0 Rods to feet from 1 to 100 Chains Feet Chains Feet Chains Feet Chains Fed 1 66 11 726 21 1386 31 2046 2 132 12 792 22 1452 32 2112 3 198 13 858 23 1518 33 2178 4 264 14 924 24 1584 34 2244 5 330 15 990 25 1650 35 2310 6 396 16 1056 26 1716 36 2376 7 462 17 1122 27 1782 37 2442 8 528 18 1188 28 1848 38 2508 9 594 19 1254 29 1914 39 2574 10 660 20 1320 30 #980 40 2640 48 31.68 Chains to feet from 1 to 40 5.94 19 Links Fed Links Fed Links Fed Links Feet Links Feet 1 .66 11 7.26 21 13.86 31 20.46 41 27.06 2 1.32 12 7.92 22 14.52 32 21.12 42 27.72 3 1.98 13 8.58 23 15.18 33 21.78 43 28.38 4 2.64 14 9.24 24 15.84 34 22.44 44 29.04 5 3.30 15 9.90 25 16.50 35 23.10 45 29.70 6 3.96 16 10.56 26 17.16 36 23.76 46 30.36 7 4.62 17 11.22 27 17.82 37 24.42 47 31.02 8 5.28 18 11.88 s 28 18.48 38 25.08 48 31.68 9 5.94 19 12.54 29 19.14 39 25.74 49 32.34 '. 10 6.60 20 13.20 30 19.80 40 26.40 50 33.00 1 6 5 4 3 2 1 6 Links to feet from 1 to SO .12 7 1 12 7 e+ •13 18 1 d 4 13 18 A SECTION OF LAND -640 ACRES N.W. COR. NORTH QUARTER a O N 3 N.E. COR. TABLE OF MEASUREMENTS POST 80 RODS 10 CHAINS = One link equals 7.92 inches of a <VW u <o V One rod equals 16.5 ft. or 25 links w $ 2 u, 'n One chain equals 66 ft., 100 links, or 4 rods r a0 0 RDS One mile equals 5,280 ft., 320 rods, or 80 chains vl e One square rod contains 272.25 sq. ft. 10 AC. One acre contains 43,560 sq. ft., 160 sq. rods., or 10 a 0 square chains 10 CHAINS 0 /,'Z? �20 CHAINS A side of an acre equals 208.71 feet = c 80 ACRES d �t o �,j i 0 40 ACRES _ u 0 w CE R OF 20 CHAINS 1320 FEET o. V4 LINE SEC ON % LINE SECTIONAL MAP OF A TOWNSHIP WITH ADJOR4ING SECTIONS •36 31 32 33 34 35 36 31• 1 6 5 4 3 2 1 6 160 ACRES .12 7 1 12 7 e+ •13 18 1 d 4 13 18 16 o :24 19 20 21 22 23 24 19: :25 30 29 28 27. 26 25 30 :36 31 32 33 34 35 36 31 1 6 5 4 3 2 1 6 SOUTH UARTER POST S.W. COR. S.E. COR. S 351 -179 768271 No. sa Order No Abstract of Title COMPLETE TITLE SERVICE TITLE INSURANCE TO ESCROW SERVICE ABSTRACTS OF TITLE Premises as in SEARCHES FOR TAXES, Entry No. 1. JUDGMENTS IN STATE AND FEDERAL G�X ARTS, " I r BANKRUPTCY PROCEEDINGS M SPECIAL ASSESSMENT SEARCHES z CHATTEL MORTGAGE ABSTRACTS N C FEDERAL TAX LIEN SEARCHES IN This certifies the within statement from 186 M D FEDERAL COURT, THIRD DIVISION No. 1 to inclusive, to be a correct z RECORDING SERVICE Abstract of Title to land described in No. one M REGISTERED PROPERTY ABSTRACTS therein as appears of record in the Real Estate Division of O C7 the office of the Register of Deeds in Hennepin County, Minnesota, including Taxes according to the general tax 3 D tiooks of said County. �o z '� j9--L7, 7 a.m. Dated July 28, fl N T' Ins nce Company of Minnesota o S By Assistant Secretary Z z M Wallace B. Kenneth ORe DDeliver to TITLE INSURANCE OMPANY OF MINNESOTA TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55401 351 -179 CONVERSION TABLES Rods Feet Rods, Feet Rods Feet Rods Feet Rods Fes# Rods Feet Rods Feet Rods Feet Rods Feet Rods Feet 1 16.5 11 181.5 21 346.5 31 511.5 41 676.5 51 841.5 61 1006.5 71 1171.5 81 1336.5 91 1501.5 2 33.0 12 198.0 22 363.0 32 528.0 42 693.0 52 858.0 62 1023.0 72 1188.0 . 82 1353.0 92 1518.0 3 49.5 13 214.5 23 379.5 33 544.5 43 709.5 53 874.5 63 1039.5 73 1204.5 83 1369.5 93 1534.5 4 66.0 14 231,0 - 24 396.0 34 561.0 44 726.0 54 891.0 64 1056.0 74 1221.0 84 1386 994 1551.0 5 82.5 15 247.6,t 25 412.5 35 577.5 45 742.5 55 907.5 65 1072.5 75 1237.5 85 140 95 1567.5 6 99.0 16 264 e' 26 429.0 36 594.0 46 759.0 56 924.0 66 1089.0 76 1254.0 86 1419.0 96 1584.0 7 115.5 17 280.5 27 445.5 37 610.5 47 775.5 57 940.5 67 1105.5 77 1270.5 87 1435.5 97 1600.5 8 132.0 18 297.0 28 462.0 38 627,0 48 792.0 58 957.0 68 1122.0 78 1287.0 88 1452.0 98 1617.0 9 148.5 19 313.5 29 478.5 39 643.5 49 808.5 59 973.5 69 1138.5 79 1303.5 89 1468.5 99 1633.5 10 165.0 20 330.0 30 495.0 40 660.0 50 825.0 60 990.0 70 1155.0 80 1320.0 90 1485.0 100 1650.0 Rods to feet from 1 to 100 Chains Feet Chains Feet Chains Feet Chains Feet 1 66 11 726 21 1386 31 2046 2 132 12 792 22 1452 32 2112 3 198 13 858 23 1518 33 2178 4 264 14 924 24 1584 34 2244 5 330 15 990 25 1650 35 2310 6 396 16 1056 26 1716 36 2376 7 462 17 1122 27 1782 37 2442 8 528 18 1188 28 1848 38 2508 9 594 19 1254 29 1914 39 2574 10 660 20 1320 30 1980 40 2640 48 31.68 Chains to feet from 1 to 40 19 12.54 Links Feel Links Feet Links Feet Links Feet Links Feet 1 ,66 11 7.26 21 13.86 31 20.46 41 27.06 2 1.32 12 7.92 22 14.52 32 21,12 42 27.72 3 1.98 13 8.58 23 15.18 33 21.78 43 28.38 4 2.64 14 9.24 24 15.84 34 22.44 44 29.04 5 3.30 15 9.90 25 16.50 35 23.10 45 29.70 6 3.96 16 10.56 26 17.16 36 23.76 46 30.36 7 4.62 17 11.22 27 17.82 37 24.42 47 31.02 8 5.28 18 11.88 28 18.48 38 25.08 48 31.68 9 5.94 19 12.54 29 19.14 39 25.74 49 32.34 10 6.60 20 13.20 30 19.80 40 26.40 50 33.00 Links to feet from 1 to 50 A SECTION OF LAND -640 ACRES • NUKIn WVARICK N,1 TABLE OF MEASUREMENTS POST 80 RODS 10 CHAINS Z .... 36 One link equals 7.92 inches q 160 ACRES c = VQd t 5 One rod equals 16.5 ft, or 25 links � lz e: u o h o ho One chain equals 66 ft., 100 links, or 4 rods 0 0 bVp 20 RDS 12 One mile equals 5,280 ft., 320 rods, or 80 chains 18 2 ri a One square rod contains 272.25 sq. ft. u c 10 AC. One acre contains 43,560 sq, ft.,'160 sq. rods., or 2 ° 10 square chains a 25 10 CHAINS A side of an acre equals 208.71 feet = 80 ACRES HOLZ Y0 CHAINS 26 25 31 32 33 Il 35 136 0 MRSO's ? c 40 ACRES 4 a v � CEN 0 e F 20 CHAINS 1320 FEET 1/4 LINE 1/4 LINE SECTIONAL ADJOINING ..... .... 36 31 MAP ..... 32 OF .... 33 A TOWNSHIP SECTIONS .... 34 ..... 35 .... 36 WITH ...... 31 6 7 i 18 19 c 30 31 6 160 ACRES 1 6 5 4 3 2 1 :12 7 8 ih bVp 1 12 '13 18 1 1 13 c 24 19 2 24 25 30 29 28 27 26 25 36 31 32 33 34 35 136 1 6 5 4 3 2 1 S.W. COIL POST . COR. S.E. CON. sromm No. 2S TITLE SURANCE COMPANY OF MINNESOTA r - -- � 3� t t I /2 I 24 e zs t � 3d 1 t t I i i ' G - _.L— . - -L - -J F41 NM 1 . —20-- Lots 1 to 12 inclusive, and 28 to 35 inclusive, Block 1; Lots 1 and 2, Block 2; Outlot B; and that part of Lots 13, 14 and 27, Block 1, and of Outlot A, lying within the Southwest 1/4 of Section 30, Township 117 North Range 21 West of the 5th Principal Meridian, all in Interlachen Hills 3rd Addition. 8d Rods io cHAi.�s d3o/�' S A�4f A rod is 1634 feet. A chain is 66 feet or 4 rods. zo AeaEs 44,94,05 A mile is 320 rods, 80 chs., or 5,280 it A square rod is 292% square feet. An acre contains 43,560 square feet. An acre contains 160 square rods. 80 ,ec,eES aGo �. C'W'V., An acre is about 208>V4 feet square. 40 chains, 160 rods or 2,640 feet. 40 .4CROf 31 32 1 33 1 34 1 3S ` 36 aI I i 20 cs10-V3 /,32 v Fr. � dr i .S i¢ 1' .3 ' Z / I G ' = ---- P-- - + - - -L -- -- - -- - --a 7 i 8 i B; /2 /8 17 16 IS I 14 13 Af I /9 zo Z/ 22 Z3 i 24 /9 i /4a ACRWS d® i 29 � Z S 1' 17 26 i ZS ,j o f I 3/ 3Z i 33 34 .35 i -46 31 t � !10 G/✓A /NS 1 t t I i i ' G - _.L— . - -L - -J F41 NM 1 . —20-- Lots 1 to 12 inclusive, and 28 to 35 inclusive, Block 1; Lots 1 and 2, Block 2; Outlot B; and that part of Lots 13, 14 and 27, Block 1, and of Outlot A, lying within the Southwest 1/4 of Section 30, Township 117 North Range 21 West of the 5th Principal Meridian, all in Interlachen Hills 3rd Addition. 0 A PHOTO REPRODUCTION OF THE PLAT OF INTERLACHEN HILLS 3RD ADDITION BEARINGS SHOWN ARE ASSUMED DENOTES IRON MONUMENT C 0 U N T Y s ROAD 10 u 0 61 lqt R. Z, "lhl!* NO. 19 p It o Aw 4 a J..m d COUNTY ROAD NO. Is to t 131; 1 A Wo is E INCOLW'-. 0 u " I 0 zz LINCOLN WE- 4- TITLE INSURANCE COMPANY OF MINNESOTA 0 The followin- ce-_ tlf -cites appear apponded 2 . shor . ;Tl be o,,r, i,rr_ich i 1_:: i' (f.^ c filed for record. in Register of D —ds, Heni:e-d1n County, Minnesota, at :30 o'cloci A. li. , as Document No. 1031387, in Book of Govt. Survey Plats, page 3. to the plat the office of the on April 30, 1932 and was recorded "The above ma.r of To-vmship i;o . 117 North, Range ido . 21 West Of Llhe 7t1; i'.inn esCta, _s strictly" con'Lci -able to tiie field note._ of the survey thereof on file in this office, which have been exai,-,ined and approved. Surve jror Gener'al's Cffice . Warner Lewis Dubuque T. y 16th 1855 Surr.Genl." "I.hereb /y certify that the above map is a correct copy of the origi �a.l IIV�.'Pry� %L_t of Tow:nsllip No 1_17 North, pa „ge No. 21 West of the 5th Priiic i pal i.eridian on file in this Office. (The Great Seel- of : he Mike Holm, Sec' y of State. State of i•:ianeso-ca) St. Paul , 1inn.Sept. 4, 1931• 1,JO �!�% 1il �'�i C.(, T71�`cJ' 27 i� a.Dr 2t�r �•:t f%?'. �/7i�/�'Cv�� X -' � } �£�.�� 3> fJ� ✓'R 't. i.:r ..7 J _b:� .+. ,'i31 � 4 I I •,.obi � - � ,•!G �.E t.o4 14, vix —I• n 49 � Ali ;� �� /+.�f •_ � 1 � /..1 srlJl' `_i(Y �. `•"ti -. �, •'I �J �� '�:, o. ,-cola. sZZ- -per. If :r, "ti`s -jl a� ♦r ��..�1�-J ��, '_4 -r..• 0 • United States Entry No. 697 3. To Dated October 13, 1855 Joshua Fairfield Land Office Records, page 34 Northwest 1/4 of Southwest 1/4 and Southwest 1/4 of Southwest 1/4, Section 30, Township 117, Range 21, containing 39.89 and 39.96 acres respectively. The United States of America Patent 4. To Dated April 2, 1857 Joshua Fairfield Filed January 21, 1858 Book K of Deeds, page 211 Southwest 1/4 of Section 30, Township 117, Range 21, containing 159.85 acres. Joshua Fairfield and Sarah Fairfield, wife 5. To Horace Shepley 7. rAp Horace Shepley To Joshua Fairfield and Joshua Fairfield To Edward Martin Edw'd Martin To Joshua Fairfield Mortgage Dated October 15, 1855 Filed - -- Book B of Mtgs., page 171 To secure $151.00 Satisfaction of Mortgage recorded in Book B of Mtgs., wife page 171 (See #5) Dated October 14, 1856 On margin of record. Mortgage Dated October 11, 1856 Filed November 6, 1856 Book D of Mtgs., page 251 To secure $445.57 Satisfaction of Mortgage Recorded in Book D of Mtgs., page 251 (See #7) Dated July 5, 1859 Filed July 6, 1859 Book M of Mtgs., page 81 0 • Joshua Fairfield and Mortgage Sarah Fairfield, wife Dated July 5, 1859 9• To Filed July 6, 1859 Hilpah Rowlandson Book M of Mtgs., page 83 To secure $360.00 (For further terms and conditions see record) Southwest 1/4 of Section 30, Township 117, Range 21, containing 159.85 acres. Joshua Fairfield and Warranty Deed Sarah Fairfield, wife Dated March 31, 1860 10. To Filed April 14, 1860 Helper Rowlandson Book 0 of Deeds, page 499 Consideration $1000.00 Southwest 1/4 of Section 30, Township 117, Range 21, containing 159.85 acres. Being same land mortgaged by first parties to second party by mortgage dated July 5, 1859, to secure payment of $360.00 according to conditions of a certain promissory note. Hilpa Rowlandson and Warranty Deed Edward Rowlandson, Dated April 17, 1865 husband Filed April 17, 1865 11. To Book 7 of Deeds, page 18 Joseph Makaskey Consideration $700.00 Southwest 1/4 of Section 30, Township 117, Range 21, containing 159.85 acres. Joseph Makoskay Mortgage 12. To Dated April 17, 1865 Hilpa Rowlandson Filed April 17, 1865 Book W of Mtgs., page 175 To secure $300.00 Hilpa Rowlandson Satisfaction of Mortgage 13. To Recorded in Book W of Mtgs., Joseph Makoskay page 175 (See #12) Dated July 10, 1865 On margin of record. 0 Joseph Makoskey Veroneka Makoskey, wife 14. To Joseph Makoskey Warranty Deed. Dated September 28, 1867 Filed September 28, 1867 Book 16 of Deeds, page 550 Consideration $200.00 Southwest 1/4 of Section 30 and Northwest 1/4 of Northwest 1/4 Section 31, Township 117, Range 21, containing 199.85 acres. Jozef Makowsky Affidavit 15. To Dated January 12, 1887 Whom it Concerns Filed February 18, 1887 Book 30 of Misc., page 168 That he is grantee in Book 7 of Deeds, page 18 wherein his name is erroneously written Joseph Makaskey; that he is one of the grantors in Book 16 ofDeeds, page 550 to Joseph Makoskey Jr. in body and acknowledgment whereof the deponent's surname is erroneously spelled Makoskey. Land conveyed by said Deeds: Southwest 1/4 of Section 30, Township 117, Range 21. William B. Makowsky Affidavit 16. To Dated February 25, 1919 Whom it Concerns Filed February 26, 1919 Doc. No. 919203 Book 181 of Misc., page 397 Affiant, is the William B. Makowsky, grantee in deed of quit claim in book 835 of Deeds, page 332, that Mary M. Holasek, wife of John Holasek grantors in said deed was formerly known as Mary M. Makowsky; that Rose K. Seek, formerly known as Rose K. Makowsky, one of the grantors in said deed is the identical person designated by name of Rose R. Makowsky in the Certified Copy of Decree of Distribution recorded in Book 506 of Deeds, page 630; that grantee in deed recorded in Book "W" page 354, is the identical person designated and named Joseph Makoskey, Sr., in the body of deed recorded in Book 16 of Deeds, page 550 and whose signature affixed to said deed appears to be written Jozef Makowsky; that the correct way of spelling the name of said person is Joseph Makowsky; that this affiant knows the above to be true of his own knowledge. Leslie S. Odgen Affidavit 17. To Dated June 26, 1919 Whom it Concerns Filed June 26, 1919 Doc. No. 933292 Book 182 of Misc., page 543 That he has long been attorney for Makowsky family of Minnetonka Township, that is for Anna or Anne Makowsky, surviving wife of Joseph Makowsky Jr. and her nine surviving children and their husbands and wifes, respectively and knows that in the various deeds and instruments that the various persons whose names appear to have been spelled differently are identical, as hereafter stated. Anne Makowsky in 506 of Deeds, page (Continued) 0 0 (Entry No. 17 Continued) 630 and Anna Makowsky in 836 of Deeds, page 2 are one and same person. Anne M. Chastek, grantee in 506 of Deeds, page 630 is same person as Anna M. Chastek, grantor in Book 836 of Deeds, page 2. Mary M. Holasek, grantee in 506 of Deeds, page 630 and Mary Holasek in Book 182 of Misc., page 184 are one and same person. Rose K. Seck, grantor in 836 of Deeds, page 2, erroneously given in 506 of deeds, page 630. Albert D. Makowsky, 506 of Deeds, page 630 and Albert Makowskey, 182 of Misc., page 184. William Makowsky, 506 of Deeds, page 630 and William B. Makowskey, 182 of Misc., page 184 and 182, page 186 are one and same person. Wherever name Makowsky occurs in 183 of Misc., page 184, it refers to same persons whose named appear as Makowsky in 506 of deeds, page 630 and 182 of Misc., page 186. Joseph Makowskey Jr. in Book 16 of Deeds, page 550 is the same person as Joseph Makowsky Jr in 209 of Deeds, page 1214 and 216 of deeds, page 175. Rudolph Bohach, 836 of deeds, page 2 is the same person who is erroneously named as Ralph Bohach, 182 of Misc., page 186. Joseph Makowsky, Jr. Warranty Deed Anne Makowsky, wife Dated February 16, 1887 18. To Filed February 18, 1887 Jennie S. Crevier Book 197 of Deeds, page 558 Consideration $20,000.00 Southwest 1/4 of Section 30, Township 117, Range 21, being part of land conveyed to first party by Joseph Makoskey Sr. in Book 16 of Deeds, page 550. Jennie S. Crevier Warranty Deed Louis P. Crevier, husband Dated February 16, 1887 19• To Filed February 18, 1887 Herbert Inman Book 197 of Deeds, page 562 Consideration $21,600.00 Undivided 2/5 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21; also undivided 2/5 of East 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Herbert Inman 20. To Jennie S. Crevier Mortgage Dated February 16, 1887 Filed February 18, 1887 Book 193 of Mtgs., page 302 To secure $2,800.00 (For further terms and conditions see record) Undivided 2/10 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. 0 • Herbert Inman Mortgage 21. To Dated February 16, 1887 Jennie S. Crevier Filed February 18, 1887 Book 193 of Mtgs., page 304 To secure $1,400.00 (For further terms and conditions see record) Undivided 1 /10 of West 1/2 of Southwest 1/4 of Section 30, Township 117, Range 21. Herbert Inman Mortgage 22. To Dated February 16, 1887 Jennie S. Crevier Filed February 18, 1887 Book 193 of Mtgs., page 307 To secure $1,400.00 (For further terms and conditions see record) Undivided 1 /10 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Jennie S. Crevier Warranty Deed Louis P. Crevier, husband Dated February 16, 1887 23. To Filed February 18, 1887 Verdine Trusdell Book 197 of Deeds, page 561 Consideration $9,600.00 Undivided 2/5 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Verdine Truesdell Mortgage 24. To Dated February 16, 1887 Jennie S. Crevier Filed February 18, 1887 Book 193 of Mtgs., page 310 To secure $5,600.00 (For further terms and conditions see record) Undivided 2/5 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Jennie S. Crevier Warranty Deed Louis P. Crevier, husband Dated February 16, 1887 25. To Filed February 18, 1887 William Bard Book 197 of Deeds, page 560 Consideration $4,800.00 Undivided 1/5 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range '21. 0 0 Wm. Bard Mortgage 26. To Dated February 16, 1887 Jennie S. Crevier Filed February 18, 1887 Book 193 of Mtgs., page 311 To secure $2,800.00 (For further terms and conditions see record) Undivided 1/5 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Jennie S. Crevier Agreement 27. To Dated February 16, 1887 Verdine Truesdell Filed February 18, 1887 William Bard Book 29 of Misc., page 418 Herbert Inman Consideration $1.00 Recited conveyance by first party to second party of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21 and Mortgage by second party to first party for unpaid balance of purchase money. First party agrees to join in plat or subdivision of any part or all of said land when therewith requested by owners in common and when same is partitioned to receive severalty mortgages in liew of abive mentioned mortgage which shall then be satisfied of record. Also agrees to give partial releases on property payments, etc. Jennie S. Crevier Assignment of Mortgage 28. To Recorded in Book 193 of Mtgs., The Citizens Bank page 302 (See #20) of Minneapolis Dated February 16, 1887 Filed February 18, 1887 Book 191 of Mtgs., page 475 Consideration $2,800.00 Jennie S. Crevier Assignment of Mortgage 29• To Recorded in Book 193 of Mtgs., The Citizens Bank page 304 (See #21) of Minneapolis Dated February 16, 1887 Filed February 18, 1887 Book 191 of Mtgs., page 467 Consideration $1,400.00 Jennie S. Crevier Assignment of Mortgage 30. To Recorded in Book 193 of Mtgs, The Citizens Bank page 307 (See #22) of Minneapolis Dated February 16, 1887 Filed February 18, 1887 Book 191 of Mtgs., page 467 Consideration $1,400.00 0 0 Jennie S. Crevier Assignment of Mortgage 31. To Recorded in Book 193 of Mtgs., page The Citizens Bank 310 (See #24) of Minneapolis Dated February 16, 1887 Filed February 18, 1887 Book 191 of Mtgs., page 472 Consideration $5,600.00 Jennie S. Crevier Assignment of Mortgage 32. To Recorded in Book 193 of Mtgs., The Citizens Bank page 311 (See #26) of Minneapolis Dated February 16, 1887 Filed February 18, 1887 Book 191 of Mtgs., page 473 Consideration $2,800.00 Jennie S. Crevier Assignment of Mortgages recorded in 33. To Book 193 of Mtgs., page 302 (See #20) John C. Cobb Book 193 of Mtgs., page 304 (See #21) Book 193 of Mtgs., page 307 (See #22) Book 193 of Mtgs., page 310 (See #24) Book 193 of Mtgs., page 311 (See #26) etc. Dated February 17, 1887 Filed February 18, 1887 Book 204 of Mtgs., page 71 Consideration $7,000.00 Jennie S. Crevier Assignment of Mortgages recorded in 34. To Book 193 of Mtgs., page 302 (See #20) James H. Barnum Book 193 of Mtgs., page 304 (See #21) Doc. No. 20576 Book 193 of Mtgs., page 307 (See #22) Book 193 of Mtgs., page 310 (See #24) Book 193 of Mtgs., page 311 (See #26) Dated August 20, 1887 Filed August 22, 1887 Book 222 of Mtgs., page 102 Consideration $4,000.00 The Citizens Bank Assignment of Mortgages recorded in of Minneapolis Book 193 of Mtgs., page 302 (See #20) 35. To Book 193 of Mtgs., page 304 (See #21) Jennie S. Crevier Book 193 of Mtgs., page 307 (See #22) Doc. No. 20577 Book 193 of Mtgs., page 310 (See #24) Book 193 of Mtgs., page 311 (See #26) etc. Dated August 22, 1887 Filed August 22, 1887 Book 209 of Mtgs., page 452 Consideration $10,000.00 790 01 John C. Cobb To Jennie S. Crevier Doc. No. 36827 Jennie S. Crevier 37. To James H. Barnum Doc. No. 52676 James H. 38. To John S. Doc. No. Barnum Pillsbury 268868 J. B. Pillsbury 39 • To Verdine Truesdell Doc. No. 268869 Herbert Inman Gertrude A. Inman, 40. To Verdine Truesdell 0 Assignment of Mortgages Book 193 of Mtgs., page Book 193 of Mtgs., page Book 193 of Mtgs., page Book 193 of Mtgs., page Book 193 of Mtgs., page etc. Dated August 24, 1887 Filed January 7, 1888 Book 222 of Mtgs., page Consideration $1.00 Assignment of Mortgages Book 193 of Mtgs., page Book 193 of Mtgs., page Book 193 of Mtgs., page Book 193 of Mtgs., page Book 193 of Mtgs., page Dated June 14, 1888 Filed June 18, 1888 Book 232 of Mtgs., page Consideration $1,400.00 recorded in 302 (See #20) 304 (See #21) 307 (See #22) 310 (See #24) 311 (See #26) 507 recorded in 302 (See #20) 304 (See #21) 307 (See #22) 310 (See #24) 311 (See #26) 238 Assignment of Mortgage Recorded in Book 193 of Mtgs., page 310 (See #24) Dated November 10, 1892 Filed September 21, 1897 Book 459 of Mtgs., page 439 Consideration $5836.00 Satisfaction of Mortgage Recorded in Book 193 of Mtgs., page 310 (See #24) Dated September 17, 1897 Filed September 21, 1897 Book 467 of Mtgs., page 54 Warranty Deed wife Dated March 1, 1887 Filed March 7, 1887 Book 214 of Deeds, page 584 Consideration $4,800.00 West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Subject to mortgage of $2,800.00 Herbert Inman Warranty Deed Gertrude A. Inman, wife Dated March 19, 1887 41. To Filed November 21, 1887 Walter C. Teter Book 234 of Deeds, page 227 Doc. No. 31276 Consideration $9,600.00 Undivided 1/5 of Southwest 1/4, Section 30, Township 117, Range 21 Subject to mortgage for $5,600.00 Walter C. Teter, unmarried Warranty Deed 42. To Dated November 21, 1887 L. J. Van Fossen Filed November 21, 1887 Doc. No. 31277 Book 234 of Deeds, page 228 Consideration $9,600.00 Undivided 1/5 of Southwest 1/4 of Section 30, Township 117, Range 21. Subject to mortgage for $5,600.00. Walter C. Teter, unmarried Warranty Deed 43. To Dated November 21, 1887 L. J. Van Fossen Filed December 24, 1887 Doc. No. 35264 Book 234 of Deeds, page 480 Consideration $9,600.00 Undivided 1/5 of Southwest 1/4 of Section 30, Township 117, Range 21. Subject to mortgage amounting to $5,600.00 Re- record of Doc. No. 31277 in Book 234 of Deeds, page 228. Minneapolis Threshing Machine Company 44. vs Walter C. Teter Doc. No. 63123 Herbert Inman Gertrude A. Inman, wife 45. To Adam Hannah Doc. No. 21358 Attachment Dated October 6, 1888 Filed October 6, 1888 Book 251 of Mtgs., page 323 Amount $1,000.00 West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. (Other properties not in question not shown). Quit Claim Deed Dated August 27, 1887 Filed August 27, 1887 Book 232 of Deeds, page 247 Consideration $1.00 Undivided 1/5 part of Southwest 1/4 of Section 30, Township 117, Range 21, containing 32 acres more or less. Adam Hannah, single Quit Claim Deed 46. to Dated January 5, 1888 Herbert Inman Filed July 16, 1888 Doc. No. 55506 Book 241 of Deeds, page 524 Consideration $1.00 Undivided 1/5 of Southwest 1/4 of Section 30, Township 117, Range 21. John B. Dodge, unmarried Warranty Deed 47. to Dated December 22, 1888 Adin Tolman Filed January 5, 1889 Doc. No. 72037 Book 272 of Deeds, page 136 Consideration $1.00 etc. An undivided 1/5 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Subject to mortgage for $2,800.00 In the Matter of the Petition Incorporation Dated October 27, 1888 48. of Filed December 17, 1888 The Village of Edina Book 40 of Misc., page 106 Doc. No. 69940 Includes land in #1, etc. James H. Barnum Assignment of Mortgage 49. to Recorded in Book 193 of Mtgs., E. Frances Rice page 302 (See #20) Doc. No. 91711 Dated April 27, 1889 Filed August 3, 1889 Book 274 of Mtgs., page 183 Consideration $2,831.20 E. Frances Rice Assignment of Mortgage 50. to Recorded in Book 193 of Mtgs., John S. Pillsbury page 302 (See #20) Doc. No. 266953 Dated September 13, 1892 Filed July 30, 1897 Book 459 of Mtgs., page 339 Consideration $2,931.00 Herbert Inman Foreclosure of Mortgage recorded By Sheriff in Book 193 of Mtgs., page 302 51. to (See No. 20) John S. Pillsbury Notice of Sale: July 30, 1897 Doc. No. 268648 Printer's Affidavit Sept. 11, 1897 Affidavit' of Sale Sept. 14, 1897 Affidavit of Costs Sept. 14, 1897 Sheriff's Certificate Sept. 14, 1897 Sheriff's Affidavit Sept. 14, 1897 Filed Sept. 15, 1897 Book 471 of Deeds, page 367 IJ,n,divided 2/10 of West 1/� of Southwest 1/4, Section 30, Township 117, Range 21. Sold for $3,906.60. 0 0 Herbert Inman Foreclosure of Mortgage By Sheriff Recorded in Book 193 of Mtgs., 52. To page 304 (See #21) James H. Barnum Notice of Sale Nov. 15, 1890 Doc. No. 139798 Printer's Affidavit Dec. 27, 1890 Affidavit of Service Dec. 30, 1890 Sheriff's Affidavit Dec. 31, 1890 Sheriff's Certificate Dec. 31, 1890 Date of Sale Dec. 31, 1890 Filed Jan. 3, 1891 Book 329 of Deeds, page 47 West 1/2 of Southwest 1/4 of Section 30, Township 117, Range 21. Sold for $1802.62. Herbert Inman Foreclosure of Mortgage By Sheriff Recorded in Book 193 of Mtgs., 53. To page 307 (See #22) James H. Barnum Notice of Sale Nov. 15, 1890 Doc. No. 139799 Printer's Affidavit Dec. 27, 1890 Affidavit of Service Dec. 30, 1890 Sheriff's Affidavit Dec. 31, 1890 Sheriff's Certificate Dec. 31, 1890 Date of Sale Dec. 31, 1890 Filed Jan. 3, 1891 Book .329 of Deeds, page 55 West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Sold for $1777.62 In the Matter of the Estate Probate Court, Hennepin County, 54. of Minnesota - Case No. 5408 Verdine Truesdell, deceased Certified Copy Order Confirming Doc. No. 268870 Sale Dated September 17, 1897 Filed September 21, 1897 Book 76 of Misc., page 11 Undivided 2/5 part of West 1/2 of Southwest 1/4 of Section 30, Township 117, Range 21. Lots 10 and 11, Block 4, Lake Amelia Park Addition. Confirms sale by Maria J. Truesdell, Executrix to John S. Pillsbury for $8100.00 0 Maria J. Truesdell, Executris of the Last Will and Testament of Verdine Truesdell, deceased 55. To John S. Pillsbury Doc. No. 268871 Maria J. 56. To John S. Doc. No. Truesdell, widow Pillsbury 268872 William Bard Abbeyriene S. Bard, wife 57. To James H. Barnum Doc. No. 244169 Clara Norton Cross, administrator of the of Judson N. Cross, 58. To James H. Barnum Doc. No. 337690 L Executor's Deed Dated September 17, 1897 Filed September 21, 1897 Book 478 of Deeds, page 152 Consideration $8100.00 Undivided 2/5 part of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. (Other properties not in question not shown). Quit Claim Deed Dated September 17, 1897 Filed September 21, 1897 Book 468 of Deeds, page 427 Consideration $1.00 Undivided 2/5 part of West 1/2 of Southwest 1/4 of Section 30, Township 117, Range 21. (Other properties not in question not shown). Warranty Deed Dated February 8, 1894 Filed December 31, 1895 Book 447 of Deeds, page 551. Consideration $2912.00 Undivided 1/5 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. as Deed Estate Dated January 4, 1902 deceased Filed January 4, 1902 Book 544 of Deeds, page 326 Consideration $1.00 etc. Undivided 2/5 interest in West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Subject to mortgage. 0 Clara Norton Cross, as administratrix of the Estate of Judson N. Cross, deceased 59. To James H. Barnum Doc. No. 358369 0 Deed Dated January 4, 1902 Filed December 31, 1902 Book 565 of Deeds, page 582 Consideration $1.00 etc. Undivided 2/5 interest in West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. First party signed twice. Re- record of Book 544 of Deeds, page 326. 60. In the Matter of Confirming Probate Court, Hennepin County, a sale of real estate of Minnesota - Case No. 7331 Judson N. Cross, deceased Certified Copy Order Confirming Doc. No. 2426276 Sale of Real Estate Dated January 4, 1902 Filed February 24, 1947 Book 478 of Misc., page 639 Confirms sale made by Clara Norton Cross, Administratrix of an undivided two - fifths interest in the West 1/2 of the Southwest 1/4 of Section 30, Township 117, Range 21, to James H. Barnum for the sum of $1.00 (Other properties not in question not shown). Each of said tracts being sold subject to all charges thereon by mortgage or otherwise existing at the time of the death of said Judson N. Cross. James H. Barnum and Lovina D. Barnum, wife 61. To J. Howard Barnum Doc. No. 558023 Warranty Deed Dated April 28, 1905 Filed April 14, 1910 Book 674 of Deeds, page 353 Consideration $1.00 etc. Undivided 2/5 of West 1/2 of Southwest 1/4 and East 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. J. Howard Barnum, single Warranty Deed 62. To Dated March 23, 1910 Lovina D. Barnum Filed April 14, 1910 Doc. No. 558024 Book 669 of Deeds, page 496 Consideration $1.00 etc. Undivided 2/5 of West 1/2 of Southwest 1/4 and East 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. 0 6 Lovina D. Barnum, widow Warranty Deed 63. To Dated April 11, 1910 DeArchy McLarty Filed April 14, 1910 Doc. No. 558025 Book 673 of Deeds, page 479 Consideration $11200 East 1/2 of Southwest 1/4, Section 30, Township 117, Range 21; also undivided 2/5 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21. Made subject to easement of the public for highway along West side of last described premises; also subject to tenancy. In the Matter of the Estate Probate Court, Hennepin County, 64. of Minnesota - Case No. 7403 John S. Pillsbury, deceased Certified Copy Decree of Distribution Doc. No. 984570 Dated December 13, 1909 Filed June 22, 1920 Book 910 of Deeds, page 552 Debts paid. Died intestate Oct. 18, 1901. Left Surviving: Mahala F. Pillsbury, surviving spouse; Alfred F. Pillsbury, son; Sarah P. Gale, dauther; John P. Snyder, son of Susan Pillsbury Snyder a deceased daughter of said John S. Pillsbury. Real Estate: Situated in the States of Minnesota, South Dakota, Michigan and other states. Real Estate Assigned as follows: To said Mahala F. Pillsbury, an undivided 1/3 thereof; To said Alfred F. Pillsbury an undivided 2/9; To Sarah P. Gale an undivided 2/9 and to John P. Snyder an undivided 219. In the Matter of the Estate Probate Court, Hennepin County, 65. of Minnesota - Case No. 7403 John S. Pillsbury Certified Copy Decree of Distribution Doc. No. 1027643 Dated December 13, 1909 Filed May 14, 1921 Book 911 of Deeds, page 597 Debts paid. Died intestate Oct. 18, 1901. Left Surviving: Mahala F. Pillsbury, widow; Alfred F. Pillsbury, son; Sarah P. Gale, daughter; John P. Snyder, son of Susan Pillsbury Snyder, daughter of said deceased, who died Sept. 3, 1891. Real Estate of said deceased consists of real estate in Minnesota, South Dakota, Michigan, Oregon and other states. Real Estate Assigned: To Mahala F. Pillsbury, heirs and assigns, absolutely and forever undivided 1/3 thereof. To said Alfred F. Pillsbury, heirs and assigns, absolutely and forever undivided 2/9. To Sarah P. Gale, heirs and assigns, absolutely and forever, undivided 2/9. To said John P. Snyder, heirs and assigns, absolutely and forever, undivided 219. This Decree of Distribution is made subject and without prejudice to any lawful conveyance which may have heretofore been made by said above named persons or any of them, of any of the property of the said John S. Pillsbury, deceased. In the Matter of the Estate Probate Court, Hennepin County, 66. of Minnesota - Case No. 7403 John S. Pillsbury, deceased Certified Copy Decree of Doc. No. 1233397 Distribution Dated December 13, 1909 Filed September 13, 1924 Book 1043 of Deeds, page 9 Debts paid. Died intestate Oct. 18, 1901 Personal Property: - -- Left Surviving: Mahala F. Pillsbury, his surviving spouse; Alfred F. Pillsbury, son; Sarah P. Gale, daughter, John P. Snyder, son of Susan Pillsbury Snyder. Said Susan Pillsbury Snyder was a daughter of said John S. Pillsbury and said Mahala F. Pillsbury and died on September 3, 1891, leaving surviving her one child only, to -wit: said John P. Snyder. That said John S. Pillsbury, deceased left no issue of any deceased child or children save said John P. Snyder. That said Mahala F. Pillsbury, Alfred F. Pillsbury, Sarah P. Gale and John P. Snyder are respectively the widow, next of kin and only heirs at law of said deceased and all of lawful and full age. Lots in Lakewood cemetery. That the real estate of which said John S. Pillsbury, deceased, died seized consists of certain real estate lying and being situated in the State of Minnesota, South Dakota, etc. Assigned to said widow an undivided 1/3 thereof; to said son and daughter, each an undivided 2 /9ths thereof. To said John P. Snyder, an undivided 2 /9th thereof. Mahala F. Pillsbury, widow Power of Attorney of the late John S. Pillsbury, Dated December 3, 1909 deceased Filed April 14, 1910 67. To Book S of Powers, page 216 Alfred F. Pillsbury To grant, bargain, lease, Doc. No. 558022 contract to sell and to sell on such terms, conditions and prices as to said Alfred F. Pillsbury shall seem meet any and all lands, wheresoever situate, or any parts, portions or interests of any kind therein which I, said Mahala F. Pillsbury may own, be entitled to or interested in, either individually or jointly with others or be in any manner interested in or which I at any time in the future may own or in any way be interested in, and in any name, place and stead to make, execute, acknowledge and deliver all such good and sufficient leases, contracts of sale, deeds, conveyances and papers whatsoever relating to the same as shall be requisite, necessary or convenient in the premises with all such covenants, terms, conditions and provisions therein as to said Alfred F. Pillsbury shall seem meet and proper, etc., etc. 0 Mahala F. Pillsbury, widow John S. Pillsbury, deceased, By Alfred F. Pillsbury, her attorney Alfred F. Pillsbury and Eleanor F. Pillsbury, wife Sarah P. Gale and Edward C. Gale, husband John P. Snyder, unmarried, heirs of John S. Pillsbury, deceased 68. To DeArchy McLarty Doc. No. 558026 DeArchy McLarty, unmarried 69. To Alfred F. Pillsbury Doc. No. 558028 Alfred F. Pillsbury Lovina D. Barnum 70. To DeArchy McLarty, unmarried Doc. No. 749318 DeArchy McLarty, unmarried 71. To Charles Oliver Doc. No. 1124039 Charles Oliver Inga B. Oliver, wife 72. To Warner C. Pederson Albert E. Pederson Morrill G. Pederson, all single, as joint tenants Doc. No. 1308139 L Warranty Deed Dated March 31, 1910 Filed April 14, 1910 Book 669 of Deeds, page 497 Consideration $4800.00 Except encumbrances of other than first party since Nov. 27, 1908. Undivided 3/5 of West 1/2 of Southwest 1/4, Section 30, Township 117, Range 21, containing 80 acres. Mortgage Dated April 11, 1910 Filed April 14, 1910 Book 692 of Mtgs., page 330 To secure $5000.00 Satisfaction of Mortgage Recorded in Book 692 of Mtgs., page 330 (See #69) Dated March 15, 1915 Filed March 29, 1915 Book 847 of Mtgs., page 374 Warranty Deed Dated December 21, 1922 Filed December 28, 1922 Book 892 of Deeds, page 478 Consideration $1.00 etc. Southwest 1/4 of Section 30, Township 117, Range 21, except public roads. Warranty Deed Dated October 1, 1925 Filed October 1, 1925 Book 1069 of Deeds, page 291 Consideration $1.00 etc. Southwest 1/4 of Section 30, Township 117, Range 21, except public road. Special Assessments. Subject to the lease of the present tenants. 0 0 Morrill G. Pederson Affidavit 73. To Dated December 30, 1947 Whom it Concerns Filed December 31, 1947 Doc. No. 2482794 Book 543 of Misc., page 471 Morrill G. Pederson being first duly sworn, on oath says: That he is a brother of Warner C. Pederson, who is one of the persons named as grantees in that certain instrument dated October 1, 1925 and filed for record October 1, 1925 as Doc. No. 1308139 in the office of the Register of Deeds of Hennepin County, Minnesota, relating to the following described real estate in said County: The North 429 feet of the East 380 feet of the North- east 1/4 of the Southwest 1/4 of Section 30, Township 117, Range 21. That Warner C. Pederson is a citizen of the United States; is 52 years of age; by occupation is a railway bridge forman, with place of business at Anamoose, North Dakota; and for.the ten years last past resided at Anamoose, North Dakota. That Warner C. Pederson has never been a party to any proceedings in bankruptcy, divorce, insanity or incompetency, and that there are no unsatisfied judgments of record against him in any Courts, State or Federal; that he has never been and is not now the recipient of any old age assistance; that any judgments, bankruptcies or Old Age Assistance Liens of record against parties with same or similar names are not against him; That affiant makes this affidavit for the purpose of inducing the passing of the title to the premises heretofore described free and clear of all judgments and Old Age Assistance Liens and questions of citizenship, marital status, competency and bankruptcy. Morrill G. Pederson Affidavit 74. To Dated December 30, 1947 Whom it Concerns Filed December 31, 1947 Doc. No. 2482795 Book 543 of Misc., page 472 Morrill G. Pederson, being first duly sworn, on oath says: That he is a brother of Albert E. Pederson, who is one of the persons named as grantees in that certain instrument dated October 1, 1925 and filed for record October 1, 1925 as Doc. No. 1308139 in the office of the Register of Deeds of Hennepin County, Minnesota, relating to the following described real estate in said County: The North 429 feet of the East 380 feet of the Northeast 1/4 of the Southwest 1/4 of Section 30, Township 117, Range 21. That Albert E. Pederson is a citizen of the United States; is 47 years of age; by occupation is a proprietor of a dairy with place of business at Route 1, Hopkins, Minnesota; and for the ten years last past resided at Route 1, Hopkins, Minnesota. That Albert E. Pederson has never been a party to any proceedings in bankruptcy, divorce, insanity or incompetency, and that there are no unsatisfied judgments of record against him in any Courts, State or Federal; that he has never been and is not now the recipient of any old age assistance; that any judgments, bankruptcies or Old Age Assistance Liens of record against parties with same or similar names are not against him; That affiant makes this affidavit for the purpose of inducing the passing of the title to the premises heretofore described free and clear of all judgments and Old Age Assistance Liens and questions of citizenship, marital status, competency and bankruptcy. Morrill G. Pederson Affidavit 75. To- Dated December 30, 1947 Whom it Concerns Filed December 31, 1947 Doc. No. 2482796 Book 543 of Misc., page 473 Morrill G. Pederson being first duly sworn, on oath says: That he is one of the persons named as grantees in that certain instrument dated October 1, 1925, and filed for record October 1, 1925 as Doc. No. 1308139 in the office of the Register` of Deeds of Hennepin County, Minnesota, relating to the following described real estate in said County: The North 429 feet of the East 380 feet of the Northeast 1/4 of the Southwest 1/4 of Section 30, Township 117, Range 21. That affiant is a citizen of the United States; is 42 years of age; by occupation is a proprietor of a dairy, with place of business at Route 1, Hopkins, Minnesota; and for the ten years last past resided at Route 1, Hopkins, Minnesota. That affiant has never been a party to any proceedings in bankruptcy, divorce, insanity or incompetency, and that there are no unsatisfied judgments of record against him in any Courts, State or Federal; that he has never been and is not now the recipient of any Old Age Assistance; that any judgments, bankruptcies, or Old Age Assistance Liens of record against parties with same or similar names are not against him; that affiant makes this affidavit for the purpose of inducing the passing of the title to the premises heretofore described free and clear of all judgments and Old Age Assistance Liens and questions of citizenship, marital status, competency and bankruptcy. Warner C. Pederson, single Morrill Pederson, single Albert E. Pederson, single 76. To Charles Oliver Doc. No. 1308211 In the Matter of the Trust Estate Created under the Last Will and Testament 77. of Charles Oliver, IDeceased Doc. No. 1844751 Oliver Leasure and First National be and they are hereby appointed under the Last Will and Testament they qualify as such trustees by herein, and oath of Pearl Oliver of her duties. ` Mortgage Dated October 1, 1925 Filed October 2, 1925 Book 1428 of Mtgs., page 27 To secure $23,000.00 District Court, State of Minnesota Fourth Judicial District Case No. T 535 Certified Copy Order Appointing Trustee Dated March 27, 1936 Filed July 17, 1936 Book 344 of Misc., page 249 It is hereby ordered that Pearl Bank and Trust Company of Minneapolis as trustees of the Trust Estate created of Charles Oliver, Deceased, and that each of them filing their acceptance Leasure for the faithful performance In the Matter of the Trust District Court, State of Minnesota Estate Created under the Last Fourth Judicial District Will and Testament Case No. T535 78. of Certified Copy Acceptance of Charles Oliver, Deceased Appointment as Trustee Doc. No. 1844751 Dated March 27, 1936 Filed July 17, 1936 Book 344 of Misc., page 249 Pearl Oliver Leasure and First National Bank and Trust Company of Minneapolis, and each of them hereby . accept their appointment as Trustee under Court order herein dated March 27, 1936, of the Trust Estate created under the Last Will and Testament of Charles Oliver, deceased. In the Matter of the Estate Probate Court, Hennepin County, 79. of Minnesota - Case No. 46517 Charles Oliver, Deceased Certified Copy Decree of Distribution Doc. No. 1844433 Dated July 9, 1936 Filed July 14, 1936 Book 1380 of Deeds, page 461 Debts paid. Died testate April 6, 1935. Personal Property $96,328.41 consisting of: Mortgage dated October 1, 1925 from Warner C. Peterson, single, etal, of the Southwest 1/4 of Section 30, Township 117, Range 21 recorded in Book 1428 of Mtgs., page 27 (Other properties not in question not shown hereon). Real Estate: Premises in question not shown hereon. Personal Property Assigned: To and vested in Pearl Oliver Leasure and First National Bank and Trust Company of Minneapolis as trustees under the Last Will and Testament of said Charles Oliver, Deceased, the whole thereof to be held, managed, and disposed of by said trustees, and their respective successors in trust, as provided in said last Will and Testament and said Codicils. W Pearl Oliver Leasure as one of the Trustees under the Last Will and Testament of Charles Oliver, deceased, and First National Bank and Trust Company of Minneapolis, as one of the Trustees under the Last Will and Testament of Charles Oliver, deceased To Warner C. Pederson, single ETAL Doc. No. 1951965 Satisfaction of Mortgage Recorded in Book 1428 of Mtgs., page 27 (See #76) Dated November 3, 1938 Filed November 4, 1938 Book 1955 of Mtgs., page 379 0 In the Matter of the Petition 81. of Henry I. Japs and other for Public Ditch in Town of Minnetonka and Village of Edina in Hennepin County, Minnesota Doc. No. 1410544 Auditor of Hennepin County, Minnesota (Seal) 82. To The Public Doc. No. 2498186 Warner C. Pederson Freda Pederson, wife 83. To Albert E. Pederson Morrill G. Pederson, as joint tenants Doc. No. 1735224 Morrill G. Pederson and Gladys Pederson, his wife AlbertE. Pederson and Violet Pederson, his wife 84. To Northwestern National Bank of Hopkins (United States of America Corporation) and Northwestern National Bank of Minneapolis (United States of America Corporation) Doe. No. 2425994 Northwestern National Bank of Hopkins (United States of America Corporation) (Corporate Seal) 85. To Morrill G. Pederson and wife ETAL Doc. No. 2453781 0 Auditor's Statement of for Ditch Lien No. 41 Dated -- -1927 Ack. -- -1927 Filed March 30, 1927 Book 266 of Misc., page Assessment 182 Release of Ditch Lien recorded in Book 266 of Misc., page 182 (See #81) Dated April 16, 1918 Filed April 16, 1948 Book 24 of Misc., page 116 All parcels in Minnetonka, Edina and Hopkins not heretofore released, which were assessed for Ditch No. 41. Quit Claim Deed Dated August 7, 1933 Filed November 1, 1933 Book 1356 of Deeds, page 381 Consideration $1.00 etc. Southwest 1/4 of Section 30, Township 117, Range 21, except public roads. Mortgage Dated February 15, 1947 Filed February 20, 1947 Book 2251 of Mtgs., page 312 To secure $30,000.00 Satisfaction of Mortgage Recorded in Book 2251 of page 312 (See #84) Dated July 22, 1947 Filed August 4, 1917 Book 2308 of Mtgs., page Mtgs . , 439 Northwestern National Bank of Minneapolis (United States of America Corporation) (Corporate Seal) 86. To Morrill G. Pederson and wife ETAL Doc. No. 2453782 Arthur 0. Edwards and Olive.M. Edwards, his wife 87. To Albert E. Pederson and Violet H. Pederson, his wife; Morrill G. Pederson and Gladys Pederson, his wife Doc. No. 2471305 Section 30, Township 117, Range 21 for to land situated in the Southwest 1/4 21, Hennepin County, Minnesota. :: Morrill G. Pederson and Gladys Pederson, his wife; Albert E. Pederson and Violet Pederson, his wife To Northwestern National Bank of Hopkins (United States of America Corporation) and Northwestern National Bank of Minneapolis (United States of America Corpororation) Doc. No. 2450295 Northwestern National Bank of Hopkins (United States of America Corporation) (Corporate Seal) and Northwestern National Bank of Minneapolis (United States of America Corporation) (Corporate Seal) To Morrill G. Pederson and wife ETAL Doc. No. 2515653 0 Satisfaction of Mortgage Recorded in Book 2251 of page 312 (See #84) Dated July 7, 1947 Filed August 4, 1947 Book 2308 of Mtgs., page Mtgs . , 440 Quit Claim Deed Dated June 12, 1947 Filed November 3, 1947 Book 1748 of Deeds, page 490 Consideration $1.00 etc. An easement for road purposes only, over and upon the North 30 feet of the North 429 feet of the East 380 feet of the Northeast 1/4 of the Southwest 1/4 of the purpose of ingress and egress of Section 30, Township 117, Range Mortgage Dated July 7, 1947 Filed July 15, 1947 Book 2278 of Mtgs., page 383 To secure $45,000.00 Satisfaction of Mortgage Recorded in Book 2278 of Mtgs., page 383 (See #88) Dated July 22, 1948 Filed July 27, 1948 Book of Mtgs., page Albert E. Pederson and Warranty Deed Violet H. Pederson, his wife Dated July 16, 1948 Morrill G. Pederson and Filed July 22, 1948 Gladys Pederson, his wife Book of Deeds, page 90. To Consideration $1.00 etc. Carl M. Hansen and The East 112 of the Southwest 1/4 Helen M. Hansen, his wife except the North 429 feet of as joint tenants the East 380 feet of the Northeast Doc. No. 2514984 1/4 of said Southwest 1/4 in Section 30, Township 117, Range 21, together with an easement for road purposes only, over and upon the North 30 feet of the North 429 feet of the East 380 feet of the Northeast 1/4 of the Southwest 1/4 of Section 30; also, the East 400.1 feet of the West 1/2 of the Southwest 1/4 of said Section 30, Township 117, Range 21, together with an easement for road purposes only over a 60 foot strip of land lying 30 feet on either side of a line drawn Westerly from a point on the West line of said East 400.1 feet of said West 1/2 of the Southwest 1/4 distant 729 feet Southerly from the North line of said Southwest 1/4 and said line extending Westerly parallel to the North line of the Southwest 1/4 to the Poor Farm Road, known as County Road No. 18, said easement to be used in common with said parties of the first part; all of the foregoing premises being in Hennepin County, Minnesota. Revenue Stamps $55.00 (Shown for right of way.) Albert E. Pederson and Agreement Violet H..Pederson, his wife Dated July 16, 1948 and Morrill G.Pederson and Filed July 22, 1948 Gladys Pederson, his wife Book of Deeds, page 91. to Whereas by Warranty Deed bearing Carl M.Hansen and even date herewith the said parties Helen M.Hansen, his wife of the lst part have sold and Doc. No. 2514985 conveyed to the said parties of the 2nd part the premises located in Hennepin County, Minnesota, described as follows, to -wit: The East 1/2 of the Southwest 1/4, except the North 429 feet of the East 380 feet of the Northeast 1/4 of Southwest 1/4 in Section 30, Township 117, Range 21, together with an easement for road purposes only, over and upon the North 30 feet of the North 429 feet of the East 380 feet of the Northeast 1/4 of the Southwest 1/4 of said Section 30; Also, the East 400.1 feet of the West 1/2 of the Southwest 1/4 of said Section 30, Township 117, Range 21, together with an easement for road purposes only over a 60 foot strip of land lying 30 feet on either side of a line drawn Westerly from a point on the West line of said East 400.1 feet of said West 1/2 of the Southwest 1/4, distant 729 feet Southerly from the North line of said Southwest 1/4 and said line extending Westerly parallel to the North line of the Southwest 1/4 to the Poor Farm Road, known as County Road No. 18, said easement to be used in common with said parties of the first part; all of the foregoing premises being in Hennepin County, Minnesota upon the understanding and agreement that said parties of the 2nd part shall deed to the said parties of the lst part by Warranty Deed 2 parcels of land one of them by a Warranty Deed running from the parties of the 2nd part to said Albert E.Pederson and wife as joint tenants and not as tenants in common covering 2 acres in area located at the Northwest corner of the first hereinbefore described tract, and one of them by a Warranty Deed running from the parties of the 2nd part to Morrill G. (Continued) to (No. 91 Continued) Pederson and wife as joint tenants and not as tenants in common covering 2 acres in area located at the Northeast corner of said first hereinbefore described tract; and Whereas, the parties in said deed first above referred to granted to said parties of the 2nd part an easement over a strip of land 60 feet in width as described aforesaid in the first above described tract; and Whereas, the exact dimensions and description of the tracts of land to be re- deeded by the parties of the 2nd part to the parties of the first part are not presently available because surveys have not yet been made; and Whereas, the exact location of the 60 foot easement above referred to may be varied by the parties of the 2nd part by the establishment of the easement on a strip of land lying West of the property first hereinabove described, but following in general Easterly and Westerly direction across the lands of the parties of the lst part lying West of the property conveyed as first above described and following generally the contours of the land. Now, therefore, in consideration of the conveyance by the parties of the first part to the parties of the 2nd part of the land first above described and in consideration of the conveyances to be made by the parties of the 2nd part to the parties of the first part as above recited of the two -acre tracts identified generally as aforesaid, and in consideration of the reconveyance by the parties of the 2nd part to the parties of the first part of the easement of 60 feet granted in the above deed in lieu of a 60 foot easement following generally the course of said easement but following the contours of the land, and in consideration of the mutual covenants and agreements herein contained it is agreed between the parties hereto as follows; 1. Within 90 days after the date of these presents, the parties of the 2nd part agree to make, execute and deliver to said parties of the lst part or their nominees a Warranty Deed covering the tract of 2 acres located in the Northwest corner of the first above described tract, said deed running to Albert E. Pederson and wife as joint tenants and not as tenants in common, and within the same time limit to make, execute and deliver to said Morrill G.Pederson and wife as joint tenants and not as tenants in common a deed to said two acre tract in the North- east corner of said tract lst above described, said deeds to be without the payment of any additional consideration by said parties to the said parties of the 2nd part and said deeds to be based on description furnished by parties of the 2nd part from surveyors employed by them. 2. Upon the grading in of the 60 foot easement following the contour lines as above recited, said parties of the 2nd part agree to reconvey to said parties of the first part the 60 foot easement as granted in said deed first above referred to and, in lieu thereof and contemporan- eously with the execution of said deed of reconveyance, said parties of the first part shall execute a deed to parties of the 2nd part conveying an easement for road purposes over the 60 foot strip as finally located across the premises of the parties of the first part lying West of the premises conveyed by parties of the first part by the deed bearing even date herewith, following the contour lines and extending in a general Easterly and Westerly direction, said easement to be used in common with the parties of the first part. 3. This agreement shall be binding upon the heirs, executors, administrators and assigns, of the respective parties hereto. Vt1WCV uo�if� tit t s t The Council of the Village of Edina 92. to Whom it Concerns Doc. No. 2745385 The Village Council of the Village of Edina 93. to Whom it Concerns Doc. No. 3340754 Requirements, Including the Previously Not Platted. (For The Village Council of the Village of Edina 94. to Whom it Concerns Doc. No. 3340756 Village Council Village of Edina 95. to Whom it Concerns Doc. No. 3588147. Certified Copy of Amendment of the Ordinance of the Village of Edina, Hennepin County, Minnesota Dated April 8, 1952 Filed April 8, 1952 Book 641 of Misc., page 45 Amends zoning ordinance passed by the said Village on the 25th day of May 1931. (For further particulars see record) Certified Copy Ordinance No. 263 Adopted June 8, 1959 Filed April 6, 1962 Book of Misc., page An Ordinance Prescribing Procedure For the Approval of Plats, Requiring Payment of a Fee and Imposing Other 'flaking of Necessary Improvements in Lands further particulars see record) Plats of Subdivision, Regulating Plats for Relief in Cases of'Hardship. (For Village Council Village of Edina 96, to ?Whom it,Concerns Doc. n10 . 3688232 Certified Copy of Resolution Adopted Jan. 27, 1958 Filed April 6,1962 nook of Misc., page Resolution Declaring Policy as to Approval of Plats and Conditional Upon the Installation of Water and Sanitary and Storm Sewer Improvements. (For further particulars see record) Certified Copy Ordinance No. 263A Dated Jan. 10, 1966 Filed Jan. 19, 1966 Book of Misc., page An Ordinance Constituting the Council as the Platting Authority of the Village, Prescribing the Procedure for the Approval of and Subdivisions, and Providing further particulars see record) Certified Copy Ordinance Ito. 263A -1 Dated Filed November 27, 1967 Book, of Misc., page An Ordinance Amending the Platting Ordinance of the Village by Requiring Underground Installation o.f Electric and Telephone Lines. (For further particulars see record) PHOTO ONLY 1 1 1 1 1 0 The Village Council of the Certified Copy Ordinance No. 801 -1 Village of Edina, Minnesota Dated-- - (Seal) Filed Dec. 18, 1970 97. to Book 70 of Hennepin County Whom it Concerns Records, page 3862421 (No. 263A -4 in ordinance arrangement before 1970 codification) An Ordinance amending Ordinance No. 801 (263A) to require dedication of lan,i for narks and open space and land or easements for protection of natural water bodies. (For further particulars see record) Village Council, Village Certified Copy Ordinance No. 801 -2 of Edina, Minnesota Dated-- - (Corporate Seal) Filed Dec. 18, 1970 98. to Book 70 of Hennepin County Whom it Concerns Records, rage 3862422 (No. 263A -5'in ordinance arrangement before 1970 codification) An Ordinance amending Ordinance No. 801 (263A) of the Village by providing for letter or credit to secure subdivision financing agreement and for recording of agreement. (For further particulars see record) Village Council of the Certified Copy Ordinance No. 801 -A3 Village of Edina, Dated-- - Minnesota (Seal) Filed April 12, 1971 99. to Book 71 of Hennepin County Whom it Concerns Records, page 3878409 An Ordinance Amending Ordinance - - - - No. 801 of the Village by providing; for Subdivision Financing Agreement and Letter of Credit to Secure Subdivision Financing Agreement and for recording of Agreement and for Final Plat Approval Procedure. (For further particulars see record) Village Council of Certified Copy Ordinance No. 801 -A4 Edina, Minnesota (Seal) Dated-- - 100. to Filed April 12, 1971 Whom it Concerns Book 71 of Hennepin County Records, page 3878410 An Ordinance Amending Ordinance No. 801 of the Village to Require Land or Easements for Protection of Natural Water Bodies. (For further particulars see record) Village Council of the Certified Copy Ordinance No. 801 -A5 Village of Edina, Dated-- - Minnesota (Seal) Filed April 12, 1971 i 101. to Book 71 of Hennepin County Whom it Concerns Records, page 3878411 An Ordinance Amending Ordinance No. 801 of the Village by Providing for Variances. (For further particulars see record) PHOTO ONLY !!1! 40 Village Council of Certified Copy Ordinance No. 801 -A6 the Village of Edina, Dated-- - Minnesota (Seal) Filed September 22, 1971 102. to Book 71 of Hennepin County Whom it Concerns Records, page 3907687 An Ordinance amending Ordinance No. 801 of the Village to require platting with residential. rezoning, to require dedication of land or .contribution of cash for Parks and Playgrounds and for Final Plat Approval Procedure. (For further particulars see record) 0 City Council of the Certified Copy Ordinance No. 801 -A7 -City of Edina, Minnesota (Seal) Dated - 103. to Filed May 16, 1974 Whom it Concerns Book 74 Hennepin County Records Page 4082542 An Ordinance Amending Ordinance No. 801 of the City providing for rejection of preliminary plats if not finally approved within one year. (For further particulars see record) City Council of Certified Copy Ordinance No. 801 -A9 Edina, Minnesota (Seal) Dated - 104. to Filed May 16, 1974 Whom it Concerns Book 74 Hennepin County Records Page 4082543 An Ordinance amending Ordinance No. 801 of the City to require land or easements for protection of Natural Water bodies. (For further particulars see record) _ City Council of the Certified Copy Ordinance No. 801 -A8 City of Edina, Minnesota (Seal) Dated - 105. to Filed May 16, 1974 Whom it Concerns Book 74 Hennepin County Records Page 4082544 801 An Ordinance amending Ordinance No. of the City to require dedication of land or contribution of cash for Public purposes. . (For further particulars see record) J 0 City Council City of Edina 106. (Seal) to Whom it Concerns City Council City of Edina (Seal) 107, to Whom it Concerns J Certified Copy Ordinance No. 801 -A13 Dated - -- Filed January 4, 1977 Book 77 of Hennepin County Records, page 4257989 An Ordinance Amending Ordinance No. 801 to Change Fees Charged for Filing and Processing Plats and Subdivisions (For further particulars see record.) Certified Copy Ordinance No. 801 -A15 Dated - - -- Filed January 4, 1977 Book 77 of Hennepin County Records, page 4257990 An Ordinance Amending the Platting Ordinance (No. 801) to Require the Placing of Signs on.Land Proposed to be Platted, Replatted, or Subdivided, and Prescribing a Penalty. (For further particulars see record.) City Council Certified Copy Ordinance City of Edina (Seal) No. 811 -A79 108, t.o Dated - - -- Whom it Concerns Filed January 4, 1977 Book 77 of Hennepin County Records, page 4257991 An Ordinance Amending the Zoning Ordinance (No. 811) By Adding to the Historic Preservation District 'The City Council of the City of Edina, Minnesota, Ordains: Section 1. Section 11 of Ordinance No. 811 of the City of Edina is hereby amended by adding the following thereto: "Sec. 9. Boundaries of Heritage Preservation District. The boundaries of the Heritage Preservation District shall include the following described property: The Northeasterl;. 95 feet of the Southwesterly 145 feet of Lot 15, 'Melvin Grimes Sub - division of Lots 8, 9 and 10, Grimes Homestead', according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota;" and other lands which are hereafter added to this paragraph by amendments to this ordinance. Sec. 2. This ordinance shall be in full force and effect upon its passage and publica- tion. First Reading: August 2, 1976. Second Reading: October 18, 1976 Published in the Edina Sun on November 3, 1976. 0 City Council City of Edina (Seal) 109. to Whom it Concerns City Council City of Edina (Seal) 110. to Whom it Concerns 0 Certified Copy Ordinance No. 801 -Al2 Dated - -- Filed January 4, 1977 Book 77 of Hennepin County Records, page 4257992 An Ordinance Amending Ordinance No. 801 to Require Dedication of Land or Contribution of Cash for Public Purposes. (For further particulars see record.) Certified Copy Ordinance No. 801 -A14 Dated - - -- Filed January 4, 1977 Book 77 of Hennepin County Records, page 4257993 An Ordinance Amending Ordinance No. 801 by Requiring Payment of Connection Charges When R -2 Lots are Subdivided and Existing Townhouses Platted or Subdivided. (For further particulars see record.) Cj • 4^ City Council of the City Ordinance No. 801 -A16 of Edina Adopted April 18, 1977 111. to Filed April 29, 1977 Whom it Concerns #4280686 An ordinance amending the platting Ordinance (No. 801) to establish policy and procedures for the platting and subdivision of Outlots; to provide for the division of lots and plots; to provide for the setting of hearing dates before the City Council; to provide for conditions to plat approval to be imposed by the City Council and to provide for granting of preliminary and final approval of plats at the same hearing. (For further particulars see record) 0 City Council, City of Edina, Minnesota (Seal) 112. to Whom It Concerns 0 Certified Copy Ordinance No. 801 -A10 Dated - -- Filed June 16, 1977 #4292195 An Ordinance Amending the Platting Ordinance (No. 801) t.o Require the Placing of Signs On Land Proposed to be Platted, Replatted, or Subdivided, and Prescribing a Penalty. (For further particulars see record.) City Council, City of Edina, Minnesota (Seal ) 113. to Whom It Concerns Certified Copy Ordinance No. 801 -A17 Dated - -- Filed June 16, 1977 #4292196 An Ordinance Amending Ordinance No. 801 By Requiring Payment of Connection Charges When R -2 Lots are Subdivided and Existing Townhouses Platted or Subdivided. (For further particulars see record.) City Council, City Certified Copy Ordinance `--of Edina, Kinnesbta No. 811 -A67 (Seal) Dated - -- 114. to Filed June 16, 1977 Whom It Concerns #4292197 An Ordinance Amending the Zoning Ordinance (No. 811) By Adding a Heritage Preservation District, Determining the Procedure for Establishment of the District Regulating Work Therein, Requiring Repairs on Buildings and Structures Therein, and Prescribing Penalties and Remedies for Violations. (For further particulars see record.) City Council, City Certified Copy Ordinance of Edina, Minnesota No. 811 -A89 (Seal) Dated - -- 115. to Filed June 16, 1977 Whom It Concerns #4292198 An Ordinance Amending the Zoning Ordinance (No. 811) by Adding to the Historic Preservation District The City Council of the City of Edina, Minnesota, Ordains: Section 1. Section 11 of Ordinance No. 811 6f the City of Edina is hereby amended by adding the following thereto: "Sec. 9. Boundaries of Heritage Preservation District. The boundaries of the Heritage Preservation District shall include the following described property: That land lying North of Eden Avenue, West of Grange Road and East and South of Minnesota Trunk Highway No. 100 and 50th Street Exit Ramp, commonly referred to as Frank Tupa Historical Park," and other lands which are hereinafter added to this paragraph by amendments to this ordinance. Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Morrill G.Pederson and Gladys Pederson, his wife, and Albert E. Pederson and Violet Pederson, his wife, 116, to Northwestern National Bank of Hopkins, (U.S.A. Corporation) Doc. No. 2576314 Northwestern National Bank of Hopkins (Minnesota Corporation) (Corporate Seal) 117. to Morrill G.Pederson and wife, etal Doc. No. 2998533 Morrill G.Pederson and Gladys Pederson, his wife, and Albert E. Pederson and Violet Pederson, his wife, 118. to Northwestern National Bank of Hopkins, (U.S.A.Corporation) Doc. No. 2715545 Northwestern National Bank of Hopkins (Minnesota Corporation) (Corporate Seal) 119. to Morrill G.Pederson and wife, etal Doc. No. 2998114 The County of Hennepin by Michael J. Dillon, County Attorney 120. Vs Morrill G.Pederson, Albert E. Pederson, Gladys Pederson,Violet Pederson, Northwestern National Bank of Hopkins,Carl M.Hansen, Helen M.Hansen,State of Minn- esota, County of Swift,County of Hennepin Etal Doc. No. 2827751 (Continued) 0 Mortgage Dated Aug. 17, 1949 Filed Aug. 19, 1949 Book 2431 of Mtgs., page 195 To secure $15,000.00 Satisfaction of Mortgage recorded in Book 2431 of Pitgs . , page 195 ( See No. 116 ) Dated Mar.23, 1956 Filed Mar. 28, 1956 Book 2926 of Mtgs., page 56 Mortgage Dated Sept. 19, 1951 Filed Sept. 26, 1951 Book 2592 of Mtgs., page 510 To secure $8000.00 Satisfaction of Mortgage recorded in Book 2592 of Mtgs., page 510 (See No. 118) Dated Dec. 23, 1955 Filed Mar. 24, 1956 Book 2925 of Mtgs., page 285 Lis Pendens Dated - -- Filed Aug. 13, 1953 Book 2719 of Mtgs, page 91 In the Matter of the Condemnation of Certain Lands for Highway Purposes. Notice is hereby given, That a proceeding has been commenced in the District Court by the above named petitioner and against the above named respondents, the 9 (No. 120 Continued) 1] object of which is to acquire an easement for highway purposes in and to the hereinafter described real estates, together with the following rights: To erect temporary snow fences upon said lands and upon the lands adjadent thereto: to acquire and obtain the exclusive ownership of all earth and other material necessarily excavated, removed, or taken from said lands in the construction, reconstruction, improvement and maintenance of said highway; and to take all trees, shrubs, grass, and herbage now existing and growing on said lands and hereafter planted and grown thereon and to have exclusive control of the same. That said lands are situated in the County of Hennepin, State of Minnesota, and described as follows, to -wit: Parcel No. 1 Project 5206, C.R.18 The Easterly 57 feet of the Westerly 90 feet of the Southerly 1820 feet of the following described tract: The West 1/2 of the Southwest 1/4 of Section 30, Township 117, Range 21, except the East 400.1 feet thereof, and except the North 525 feet thereof; containing 2.39 acres more or less, in addition to the existing highway. Names of persons interested in said land and nature of interest: Name Morrill G.Pederson) Nature of Interest Albert E. Pederson) Gladys Pederson Fee Violet Pederson Inchoate Northwestern National Bank of Hopkins Inchoate Mortgage Lien Carl M.Hansen ) Helen M. Hansen ) Easement State of Minnesota) County of Swift ) Old Age Assistance Lien County of Hennepin Max Lien (Other property not in question not shown hereon.) The County of Hennepin District Court, State of 121. Vs Morrill G.Pederson, Albert E. Minnesota, Fourth Judicial District Pederson, Gladys Pederson, Case #499050 -51 Violet Pederson, Northwestern Certified Copy Final Certificate National Bank of Hopkins, Dated Feb.17, 1954 Carl M.Hansen, Helen M.Hansen, Filed Feb. 19, 1954 State of Minnesota, County of Book 1990 of Deeds, page 199 Swift, County of Hennepin Etal Doc. No. 286o864 In the Matter of the Condemnation of Certain Lands for Highway Purposes (Cases Consolidated by Order of Court) By the authority of Minnesota Statutes 1949, Section 117.20, I hereby certify that the lands hereinafter described have been taken by The County of Hennepin in eminent domain proceedings for County Highway purposes in conformity with Chapter 117 of said statutes; that Commissioners were duly appointed by the Court to ascertain and report the amount of damages sus- tained by the several owners on account of such taking; that such Commissioners qualified and made and filed their report of such damages; that the time for appeal from the awards in said report has expired; that no appeals have been taken from such awards; that all damages so determined by said award have been paid by the County of Hennepin; that the (Continued) (.No. 121 Continued) • proceedings for the taking of certain rights and easements in said lands are now complete; and that The County of Hennepin now owns an easement in said lands for the purpose of constructing, reconstructing, widening, altering, improving and maintaining thereon a county road now numbered 18 and designated as State Aid Road No. 18, including the following rights: To erect temporary snow fences upon said lands and upon the lands adjacent thereto; to acquire and obtain the exclusive ownership of all earth and other material necessarily excavated, removed or taken from said land in the construction of said highway; and to take all trees, shrubs, grass and herbage now existing and growing on said lands, and hereafter planted and grown thereon, and to have the exclusive control of the same. The said lands so taken are situate in the County of Hennepin, State of Minnesota, and are described as follows, to -wit: Parcel Tao. 1 (Project 5296, C.R. 18) The Easterly 57 feet of the Westerly 90 feet of the Southerly 1820 feet of the following described tract; The West 1/2 of the Southwest 1/4 of Section 30, Township 117, Range 21, except the East 400.1 feet thereof and except the North 525 feet thereof; containing 2.39 acres more or less, in addition to the existing highway. (Other property not in question not shown hereon.) Albert E.Pederson and Mortgage Violet G.Pederson, his wife, Dated Oct. 1, 1952 122. to Filed Jan. 2, 1953 Morrill G.Pederson Book 2678 of Mtgs., page 265 Doc. No. 2793225 To secure 121,972.81+ (For further terns and conditions see record.) The following described real property situated on Section 30, Township 117, Range 21, described as follows: That part of the West 1/2 of the Southwest 1/4 of said Section 30 lying West of the East 400.1 feet thereof except that part thereof described as follows: The East 600 feet of the North 350 feet of that part of the Northwest 1/4 of the Southwest 1/4 lying West of the East 400.1 feet thereof; also, That part of the Northwest 1/4 of the Northwest 1/4 of Section 21, Township 117, Range 21, described as follows: Beginning at the Northwest corner of said section; thence South along the West line of said section a distance of 637.08 feet to a point; thence East to a point in the East line of said Northwest 1/4 of the Northwest 1/4 distant 631.73 feet South of the North line of said section; thence North along the East line of said Northwest 1/4 of the Northwest 1/4 a distance of 631.73 feet to the North line of said section; thence West along the North line of said Section 31 to the place of beginning, free from all incumbrances except mortgage of record, if any. 6 Albert E.Pederson and Violet H.Pederson, husband and wife, 123. to George Wandersee and Edgar W andersee Doc. No. 2933023 Albert E.Pederson and Violet Pederson, his wife, 124. to Northwestern National Bank of Hopkins (U.S.A. Corporation) Doc. No. 2977274 - E Mortgage r r Dated Mar. 25, 1955 Filed Mar. 29, 1955 Book 2844 of T'Itgs. , page 132 To secure $5000.00 Mortgage Dated Oct. 14, 1955 Filed Nov. 10, 1955 Boo f PZtgs. , page 158 To secure $1 Morrill G.Pederson Subordination Agreement 125. to Dated Oct. 14, 1955 Northwestern National Filed Dec. 27, 1955 Bank of Hopkins Book 2910 of Mtgs., page 205 Doc. No. 2985581 Consideration Premises etc. Whereas, First Party is the owner and holder of a real estate mortgage covering the following described mortgaged property situated in the County of Hennepin and State of Minnesota, to -wit: The following described real property situated on Section 30, Township 117, Range 21, described as_,follows: That part of the West 1/2 of the Southwest 1/4 of said Section = -30 lying West of the East 400.1 feet thereof except that part therea-f. described as follows: The East 600 feet of the North 350 feet of that part of the Northwest 1/4 of the Southwest 1/4 lying West of the East 400.1 feet thereof; also, That part of the Northwest 1/4 of the Northwest 1/4 of Section 21, Township 117, Range 21, described as.;follows: Beginning at the Northwest corner of said section; thence South along the West line of said section a distance of 637.08 feet to a point; ; - thence East to a point in the East line of said Northwest 1/4 of the Northwest 1/4 distant 631.73 feet South of the North line of said - :section; thence North along the East line of said Northwest 1/4 of the Northwest 1/4 a distance of 631.73 feet to the North line of said section; thence West along the North line of said Section 31 to the`:place of beginning, which mortgage was filed for record in the office of the Register of Deeds in and for Hennepin County, Minnesota, on the 2,day of January, 1953, and was duly recorded in Book 2678 of Mtgs., on -Va.ge 265, which mortgage is hereinafter called "the subordinated mortgage ";:and Whereas Second Party has been requested to make a loan in the amount of $14,200.00 to Albert E.Pederson and Violet G. Pederson, the present ,owner and holder of the above described mortgaged property, securc'.d'by a first mortgage deed conveying said property, which mortgage deed :'s dated the 14th day of October, 1955 and was filed for record in the office of the said Register of Deeds on the 10th day of November, 1-955, and was duly recorded in Book 2901 of I-Itgs., on page 158 etc., and is hereinafter called "The prior mortgage "; and Whereas, Second Part.y;is unwilling to make the requested loan unless First Party will subordinate the lien of the subordinated mortgage; and Whereas, in order to- induce Second Party to make said loan, First Party is willing to and - Ldoes give the subordination agreement hereinafter set forth, Now, therefore First Party does hereby agree that (Continued) (No. 125 Continued) the lien of the subordinated mortgage shall be and the same is hereby made subordinate in every respect to the lien of the prior mortgage, and First Party agrees that the lien of the prior mortgage shall be superior to the lien of the subordinated mortgage and that as respects the mortgaged property the rights of the holder of the prior mortgage shall be prior and superior to Second Party's rights in and to said property. George Wandersee and g Su bordination g`ri_-J1t Edgar Wandersee, Dated Oct. 14, 1955 126. to Filed Dec. 27, 1955 Northwestern National Bank Book 2910 of Mtgs., page 207 of Hopkins Consideration Premises etc. Doc. No. 2985582 Whereas, First Party is the owner and holder of a real estate mortgage covering the following described mortgaged property situated in the County of Hennepin and State of Minnesota, to- wit:That part of the West 1/2 of the Southwest 1/4 of Section 30, Township 117, Range 21, lying West of the East 400.1 feet thereof except that part described as follows: Commencing at a point on the North line of the West 1/2 of the Southwest 1/4 of Section 30, Township 117, Range 21, distant 400.1 feet West of the Northeast corner of said West 1/2 of the Southwest 1/4; thence South 350 feet; thence West 600 feet; thence North 350 feet to the North line of said Southwest 1/4 of said Section 30; thence East along said North line 600 feet to the point of beginning. Also, that part of the Northwest, 1/4 of the Northwest 1/4 of Section 31, Township 117, Range 21, described as follows: Beginning at the Northwest corner of said Section; thence South along the West line of said Section a distance of 637.08 feet to a point; thence East to a point in the East line of said Northwest 1/4 of the Northwest 1/4 distant 631.73 feet South of the North line of said Section; thence North along the East line of said Northwest 1/4 of the Northwest 1/4 a distance of 631.73 feet to the North line of said Section: thence West along the North line of said Section 31 to the place of beginning. Free from all incumbrances except mortgages now of record, which mortgage was filed for record in the office of the Register of Deeds in and for Hennepin County, Minnesota, on the 29th day of March, 1955, and was duly recorded in Book 2844 of Mtgs., on page 132, which mortgage is hereinafter called "the subordinated mortgage "; and Whereas Second Party has been requested to make a loan in the amount of 814,200.00 to Albert E.Pederson and Violet G.Pederson, the present owner and holder of the above described mortgaged property, secured by a first mortgage deed conveying said property, which mortgage deed is dated the 14th day of October, 1955 and was filed for record in the office of the said Register of Deeds on the 10th day of November, 1955, and was duly recorded in Book 2901 of Mtgs., on page 158 etc. and is hereinafter called "the prior Mortgage "; and Whereas, Second Party is unwilling to make the requested loan unless First Party will subordinate the lien of the subordinated mortgage; and Whereas, in order to induce Second Party to make said loan, First Party is willing to and does give the sub- ordination agreement hereinafter set forth, Now, Therefore, First (Continued) 0 0 (No. 126 Continued) Party does hereby agree that the lien of the subordinated mortgage shall be and the same is hereby made subordinate in every respect to the lien of the prior mortgage, and First Party agrees that the lien of the prior mortgage shall be superior to the lien of the subordinated mortgage and that as respects the mortgaged property the rights of the holder of the prior mortgage shall be prior and superior to Second Party's rights in and to said property. Morrill G. Pederson 127. to Albert E.Pederson and wife Doc. No. 3072192 George Wandersee and Edgar Wandersee 128. to Albert E. Pederson and wife Doc. No. 3131639 Northwestern National Bank of Hopkins (U.S.A. Corporation) (Corporate Seal) 129. to Albert E. Pederson and wife Doc. No. 3073646 Morrill G.Pederson and Gladys M.Pederson, his wife, 130. to Albert E.Pederson and Violette G.Pederson, his wife, joint tenants. Doc. No. 3073531 Satisfaction of Mortgage recorded in Book 2678 of Mtgs., page 265 (See #122) Dated June 19, 1957 Filed July 5, 1957 Book 3010 of AMtgs., page 451 Satisfaction of Mortgage recorded in Book 2844 of Mtgs., page 132 (See No. 123) Dated Aug. 8, 1958 Filed Aug. 14, 1958 Book of Mtgs., page Satisfaction of Mortgage recorded in Book 2901 of page 158 (See No. 124) Dated July 5, 1957 Filed July 16, 1957 Book 3012 of Mtgs., page Mtgs., 256 Warranty Deed Dated June 19, 1957 Filed July 15, 1957 Book 2135 of Deeds, page 533 Consideration $1.00 etc. The West 1/2 of the Southwest 1/4 of Section 30, Township 117, Range 21, except the East 400.1 feet thereof and also except that part described as follows: Commencing at a point on the North line of the West 112 of the Southwest 1/4 of Section 30, Township 117, Range 21, distant 400.1 feet West of the Northeast corner of said West 1/2 of the Southwest 1/4; thence South 350 feet; thence West 600 feet; thence North 350 feet to the North line of said Southwest 1/4 of said Section 30; thence East along said North line 600 feet to the point of beginning. Revenue Stamps $13.20 Albert E.Pederson and Violette H.Pederson, husband and wife, 131. to The Minneapolis Savings and Loan Association (Minnesota Corporation) Doc. No. 3072191 The Minneapolis Savings & Loan Association (Minnesota Corporation) (Corporate Seal) 132. to Albert E.Pederson and wife Doc. No. 3147682 Albert Earl-Pederson and Violet Harriet Pederson, his wife, 133. to Village of Edina, (Minnesota Municipal Corporation) Doc. No. 3131266 Mortgage Dated July 3, 1957 Filed July 5, 1957 Book 3009 of 14tgs., page 465 To secure $50,000.00 Satisfaction of Mortgage r o3 Book 3009 of Mtgs., page 465 as Do 1 (See No. 131) ---�. Dated Nov. 3, 1958 Filed Nov. 12, 1958 Book of Mtgs., page Quit Claim Deed Dated July 17, 1958 Filed Aug. 12, 1958 Book of Deeds, page Consideration $1.00 etc. W 600 Ft of E 1000 1 /10 Ft of that part of the W 1/2 of SW 1/4 lying S of the Ti 350 Ft thereof and that part of the W 1/2 of SIT 1/4 lying W of the E 1000 1 /10 Ft thereof ex roads, of Section 30, Township 117, Range 21, Hennepin County, Minnesota; and E 600 Ft of N 350 Ft of that part of the NW 1/4 of SW 1/4 lying W of the E 400 1 /10 ft thereof, of Section 30, Township 117, Range 21, Hennepin County, Minnesota: and Com at NW cor of NW 1/4 of NW 1/4; Thence E to NE cor thereof; th S along E line thereof 631 73/100 Ft; th W to a pt on W line thereof dis 637 8/100 ft S from Beg Th N to Beg Ex roads, of Section 31, Township 117, Range 21, Hennepin County, Minnesota. Village of Edina, Quit Claim Deed a Minnesota Municipal Dated July 17, 1958 Corporation, (Seal) Filed Aug. 12, 1958 134. to Book of Deeds, page Albert Earl Pederson Consideration $1.00 etc. Doc. No. 3131267 (Same premises as shown at Entry #133) This conveyance is subject to the following restrictions: The second party, his heirs, successors, and assigns, shall make no use of the property other than those uses permitted in land zoned for open development except that he may user That part of the NW 1/4 of the SW 1/4 of Section 30, Township 117, Range 21, Hennepin County, Minnesota, described as follows:Commencing at a point on the Easterly right -of -way line of County Road 18, which point is 33 feet Easterly along the Northerly line of the NW 1/4 of the SW 1/4 of said Section 30; thence South for 500 feet along the Easterly right -of -way line of said County Road 18; thence (Continued) 0 (No. 134 Continued) 0 East for 300 feet; thence North for 500 feet; and thence West for 300 feet to the point of beginning; to engage in the pasteurization, processing, packaging, and distribution of milk and milk products at wholesale and retail, but may sell only those products originating from the milk pasteurization and processing opera;tion on said land. The party of the second part, his heirs, successors, and assigns, will construct no commercial or industrial type of building on any part of said property except that on the tract last described above they may construct such buildings and additions as -are 'ed in that certain Petition presented to the Village Counc:il-of the Village a by said second party on June 2, 1958. If said second party constructs sai buildings and additions he shall landscape the area in accordance with the sketch attached to the above mentioned Petition. That, in the event the second party, his heirs, successors, and assigns, use this property for purposes other than those permitted by this deed, such forbidden uses may be enjoined on the motion of the Village of Edina even though the harm caused the second party from granting such an injunction be greater than the harm caused the Village of Edina by denying it. That, in the event the second party or his heirs, successors, and assigns, use this property for purposes other than those permitted by this deed, and, in the event the Village of Edina then rezones the property from commercial to open development, the grantee, for himself and on behalf of his heirs, successors, and assigns, does hereby waive, release, and relinquish any and all claims against the Village of Edina for damages or loss resulting from said rezoning. That these restrictions shall expire and be of no further force and effect if the greater part of the other land in Sections 30 and 31, Township 17, Range 21, is rezoned to permit commercial or industrial type uses. Until such time, these restrictions shall remain in full force and effect. Village Clerk Certified Copy Resolution Village of Edina (Seal) Dated July 7, 1965 135. to Filed July 16, 1965 Whom it Concerns Book 1012 of Misc., page 214 Doc. No. 3551570 Resolved, that the action of the Mayor of the Village of Edina, Arthur C.Bredesen,Jr., and of the Clerk of the Village of Edina, Gretchen S.Alden, in executing and delivering that certain quit claim deed, dated July 17, 1958, to Albert Earl Pederson, which deed on August 12, 1958, was filed for record in the office of the Register of Deeds of Hennepin County as document number 3131267 and recorded in Book 2176 of Deeds at pages 529 et seq, in said office be, and the same hereby is, in all respects approved, ratified and confirmed as an act done on behalf of and in the name of the Village of Edina. A. E. Pederson Affidavit 136' to Dated Dec. 8, 1964 Whom it Concerns Filed Dec. 9, 1964 Doc. 110. 3516063 Book 993 of Misc., page 269 Albert Earl Pederson, residing at Minneapolis, Minnesota, being first duly sworn, deposes and says that he is the person named as Grantee in that certain instrument dated July 17, 1958, and filed (Continued) 0 (No. 136 Continued) 0 August 12, 1958, as Document No. 3131267, in the office of the Register of Deeds of Hennepin County, Minnesota, That for the past 10 years, he has resided at the following addresses: 707 So. Washington,Hopkins That 63 years of age; His occupation being that of Dairy Store Oner. & Creamery with place of business at 707 Washington Ave. So., Hopkins, that he has never been a party to any proceeding in bankruptcy, divorce, insanity, or incompetency, and that there are no unsatisfied judgments of record against him in any court, state or federal, nor any state or federal tax liens, including state or federal income tax liens; that he has never been and is not now the r t of any old age assistance; that any judgments, bankruptcy, probate pr_6Zt -e- s, state or federal tax liens, or old age_ liens of record against parties wl same or similar name as his are not against him; nor has there been any work done on the above premises nor material furnished to the same, within the last ninety days for which full payment has not been made; and that there are no mechanics' liens filed against the property above described since the date of the first extension of the abstract covering this property. That affiant is not now and has never been in the armed forces of the United States of America except as stated herein. That there is no one in possession claiming any right or title except the record owner or other mortgagors of record. That there are no unrecorded contracts, leases, easements, or other agreements, conveyances or interests, relating to said premises of which he has knowledge except as stated herein. That affiant makes this affidavit for the purpose of inducing Minneapolis Federal Savings and Loan Association to place a mortgage on the premises heretofore described, free and clear of all questions of all liens, judgments, bankruptcy, divorce, service in armed forces of the United States, probate proceedings and unrecorded interests referred to above. Village of Edina, (Minnesota Municipal Corporation) (Seal) 137. to Albert Earl Pederson Doc. No. 3512072 Quit Claim Deed Dated Aug. 17, 1964 Filed Nov. 20, 1964 Book 2468 of Deeds, page 413 (For complete take -off see Exhibit A hereto attached.) �aNTURE, Made this 17th day of August, 1964, between v j - - - EDINA, a municipal corporation under the laws of the State of Minnesota, party of the a.. first part, and ALBERT EARL PEDERSON, of the County of Hennepin and State of Minnesota. i; C\z t�I t party of the second part, M WITNESSETH, That the said party of the first part, In consideration of the sum j s ! of One Dollar and other good and valuable consideration, to it in hand paid by the said r j party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, i t Bargain, Quitclaim, and Convey unto the said party of the second part, his heirs and `i assigns, Forever, all the tracts or parcels of land lying and being in the County of r + Hennepin and State of Minnesota, described as follows, to -wit: F-- -'` That part of the West 1/2 of the Southwest 1/4 of Section 30, and that part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 117, Range 21, described as follows: Beginning at a point in the South line of the West 1/2 of the Southwest 1/4 of said Section 30, distant,625.1 feet West of the Southeast comer thereof; thence North parallel with the East line of the West 1/2 of said o 4 a distance of 1200 feet; ' thence Northwesters deflecting to the left at an an 15' a distance of 435 feet; thence at aright angle Northeasterly 170 feet; thence Southeasterly deflecting to the right 88 ° -30' a distance of 465 feet; thence Southerly deflecting to the right 450-45' a distance of 50 feet; thence l G Southeasterly deflecting to the right 510-30' to a line 400.1 feet West of the East line of the West 1/2 of said Southwest 2/4; thence South along f �s last said West line to the South line of said Southwest 1/4; thence Southwesterly deflecting to the left 250 a distance of 175 feet; thence Southerly deflecting to the right 35 ° -30' a distance of 350 feet; thence j Southerly deflecting to the right 110-30' to an intersection with a line drawn from a point in the West line of said Northwest 1/4 of the Northwest 1/4 of Section 31, distant 637.08 feet South of the Northwest corner thereof ' to a point In the East line of said quarter - quarter, distant 631.73 feet South of the Northeast corner thereof; thence West along said line so drawn to•a point 730 feet West of the East line of said quarter - quarter, thence Northeasterly to the point of beginning. f -and- I That part of the Ukst 1/2 of the Southwest 1/4 of Section 30, Township i r; of r 117, Range 21 beginning at a point 400.1 feet West of the Southeast cornet of the Southwest Quarter of Southwest Quarter of said section; thence North 1,220 feet parallel with the Fast line of the Southwest Quarter of the Southwest 1/4, Section 30; thence Southeast at an angle of 1260-30' a 0' % distance of 165 feet; thence Southwest at an angle of 69 1-15' a distance of N j 80 feet; thence South parallel to the West line of the Southwest Quarter of Southwest Quarter of Section 30 a distance of 785 feet; thence Southeast ' at an angle of 24° a distance of 195 feet; thence South parallel to the West line of the Southwest Quarter of the Southwest Quarter of Section 30 a o' distance of 90 feet; thence West to the point of beginning. zi f STATE' r=DD TAX OU _and- _ The East 255 feet of the following described tract: The East 600 feet of R, the North 350 feet of that part of the Northwest 1/4 of the Southwest 1/4 lying • r 1L EXHIBIT A � _— ..� - :. _.�...- •-- �- -.-. �y. _. _ :,- -, .. . �_ .. _ . z. -- °- �....�_„.�:: v,.....,.... � _.. .- .- ._ -.,... - tom. West of the East 400.1 feet thereof, of Section 30, Township 117. dRange 21 t) 1: -and- 7 That part of Section 30, township 117, Range 21, beginning at a point 555 _, C; t': feet South and 885 feet East of the Northwest corner of the Southwest 1/4 1 of said Section 30 and running North 205 feet parallel to the West line of said Section 30; thence West 250 feet parallel to the North line of the Southwest 1/4 of said Section 30; thence Southwest at an angle of 620 for , 1� a distance of 240 feet; thence East 365 feet to point of beginning. I[ 11: i N -and - That — t of the Southwest 1/4 of the Southwest 1/4 of Section 30, i }I Nei 1 0 f i 0 , P Township 117, Range 21, described as follows: Beginning at a point 1010 feet South and 220 feet West of the Northwest corner of the Southwest 1/4 of Southwest 1/4 of said Section 30; thence Southeast deflecting to the right from a line parallel with the West line of said Quarter - Quarter Section 450 -15' a distance of 230 feet; thence at a right angle Northeasterly 170 feet; thence Northeasterly deflecting to the left at an angle of 260 -30' a distance of 335 feet, thence Northeasterly to a point 555 feet South of the North line and 400.1 feet West of the East' line of the Southwest 1/4 of the Southwest 1/4, Section 30, Township 117, Range 21; thence West parallel with the North line of said So west 1/4 Southwest 1/4 a distance of 325 feet; thence Southwesterly, t ' Ge a t of beginning. The East 325 feet of the West. 345 feet of the following described parcel' East 600 feet of the North 350 feet of that part of the Northwest 1/4 of the Southwest 1/4 lying West of the East�400.1 feet thereof, Section 30, �s Township 117, Range 21. -and- That part of Section 30, Township 117, Range 21, beginning on the West line of said Quarter - Quarter Section at a point 555 feet South of the Ndrthwest corner of the Southwest 1/4 of Southwest 1/4 of said Section 30; thence East 520 feet at a right angle to the West line of said Quarter - Quarter Section; thence Northeast 240 feet at an angle 630; thence West 335 feet parallel with North line of Southwest 1/4 of Southwest 1/4 of said Section 30; thence South parallel with the West line of Southwest 1/4 of said Section 30 a distance of 155 feet; thence West at a right angle 305 feet to the West line of said Quarter - Quarter Section; thence South to point of beginning. -2- �..� THIS CONVEYANCE is made to reIepse 'and discharge the properties above siF I described from the restrictions contained in Deed Document No. 3131267, filed M August 12, 1958, recorded in Book 2176 of Deeds at pages 529 et seq, office of the N � f �i i; f r^ I N' .ZI Register of Deeds, Hennepin County, Minnesota TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and ' appurtenances thereunto belonging or in anywise appertaining, to the said party of !' the second part, his heirs and assigns, Forever. ( . IN TESTIMONY WHEREOF, The said party of the first part has caused these presents to be executed in its corporate' a a or and its Clerk and its Ii corporate seal to be hereunto affixed the day and year first above written. the Prese ce.of VILA OFF EDINA, a M icipal corporation 2 (1 ,2 } Arthur C. Breedesen, Jr., Its Mayo jAnd Aetchen ��>! S. Alden, Its Clerk l STATE OF MINNESOTA ) ----� S , CORPORATE SEAL COUNTY OF HENNEPIN ) On this 17th day of August, 1964, before me, a Notary Public within and for said County, personally appeared ARTHUR C. BREDESEN, JR. and GRETCHEN S. ALDEN to me personally known, who, being each by me duly sworn each did say that they are respectively the Mayor and the Clerk of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Village Council and said ARTHUR C. BREDESEN, JR. and GRETCHEN S. ALDEN acknowledged said instrument to be the free act and deed of said corporation. X Notary Public, Hennepin County, Minnesota My Commission Expires - 7. N. DALEN Rotary Public, Hengcp•n County, Mi- toy Comm.sson Expires Jwy 24. 19/0. -3- 138. 139. 140. Albert E.Pederson and Violette H. Pederson, also known as Albert Earl Pederson and Violet G.Pederson and Violet H.Pederson, husband and wife, to The Minneapolis Savings and Loan Association (Minnesota Corporation) Doc. No. 3147681 The Minneapolis Savings & Loan Association (Minnesota Corporation) (Corporate Seal) to Albert E.Pederson also known as Albert Earl Pederson and Violette H.Pederson, also known as Violet H. Pederson and Violet G.Pederson, husband and wife Doc. No. 3172668 Albert E.Pederson, also known as Albert Earl Pederson, and Violette H. Pederson, also known as Violette Harriet Pederson, Violette G.Pederson and Violet H.Pederson and Violette Pederson, husband and wife, to The Minneapolis Savings and Loan Association (Minnesota Corporation) Doc. No. 3172667 .. E Mortgage Dated Nov. 11, 1958 Filed Nov. 12, 1958 Book 3093 of Mtgs., page 574 To secure $55,000.00 Satisfaction of Mortgage -� recorded in Book 3093 of Mtgs., page 574 as Doc. ##3147681 (See No. 138) Dated Apr. 20, 1959 Filed Apr. 23, 1959 Book of Mtgs., page Mortgage Dated Apr. 22, 1959 Filed Apr. 23, 1959 Book 3121 of Mtgs., page 204 To secure $65,000.00 fhet, ON 7 0 i Gerald L. Bryan, Certified Copy of Certificate Commissioner of Banks, Dated Aug. 9, 1963 State of Minnesota, Filed Aug. 9, 1963 Department of Commerce, Book 951 of Misc., page 21 Banking Division, (Seal) I, Gerald L. Bryan, Commissioner 141. to of Banks of the State of Minnesota, Whom it Concerns do hereby certify that according Doc. No. 3422948 to the records of this office, The Minneapolis Savings and Loan Association, Minneapolis, Minnesota, was converted into a Federal savings and loan association on July 16, 1963, under provisions of Section 543.8 of the Rules and Regulations of the Federal Home Loan Bank Board, and Section 5- c�.f„�the Minnesota Statutes and will operate under the name of 1inneapolis Federal and Loan Association, located at Marquette and. Eighth Street, Minneapolis, County of Hennepin, State of Minnesota, and also at Wabasha Street and Fourth Street, St. Paul, County of Ramsey, State of ?Minnesota. Filed with Secretary of State, State of Minnesota, Aug. 9, 1963. 0 i Federal Home Loan Certified Copy Resolution Bank Board (Seal) Dated Dec. 6, 1966 142. to Filed Jan. 18, 1967 Whom It Concerns Book of Misc., page Doc. No. 3642626 Resolved that the proposal of the board of directors of the Minneapolis Federal Savings and Loan Association, Minneapolis, Minnesota, to change the name of said association to "Midwest Federal Savings and Loan Association of Minneapolis" by amending Section 1 of the Charter of said association to read as follows: "1. Corporate Title. The full corporate title to the Federal association hereby chartere " west Federal Savings and Loan Association of Minneapolis ".is hereby approved: —P-1 'ded, that such amendment shall be effective only if approved by the member of the association at a legal meeting and thereafter filed with and approved by the Federal Home Loan Bank Board. Minneapolis Federal Savings Certified Copy Resolution and Loan Association Adopted Dec. 22, 1966 (United States of America Filed Jan. 11, 1967 Corporation) (Corporate Seal) Book of Misc., page 143. to At a legally constituted meeting Whom It Concerns of the shareholders of Minneapolis Doc. No. 3641852 Federal Savings and Loan Association of Minneapolis, Minnesota, the following resolution was unanimously adopted: Be it Resolved, that Section 1 of the Charter K (Rev.) of this Association be amended to read as follows: "1. Corporate Title. The full corporate title of the Federal Association hereby chartered is Midwest Federal Savings and Loan Association of Minneapolis." Federal Home Loan Bank Certified Copy Approval Board (Seal) Dated Jan. 4, 1967 144. to Filed Jan. 18, 1967 Whom It Concerns Book of Misc., page Doc. No. 3642627 Approval is hereby given to the amendment of the charter of the Minneapolis Federal Savings and Loan Association, Minneapolis, Minnesota, whereby Section 1 of said charter will read as follows: 11.1. Corporate Title. The full corporate title of the Federal association hereby chartered is "Midwest Federal Savings and Loan Association of Minneapolis." This approval to be effective as of December 22, 1966, the date of final approval by the members. Midwest Federal Savings and Loan Association of Minneapolis (United States of America Corporation) (Corporate Seal) 145. to Albert E.Pederson also known as Albert Earl Pederson, and wife Albert E.Pederson and Violet Pederson, his wife, 146. to Diversified Discount and Acceptance Corp. (Minnesota Corporation) Doc. No. 3353596 Diversified Discount and Acceptance Corp. (Minnesota Corporation) (Corporate Seal) 147. to Albert E.Pederson and his wife. Doc. No. 3357220 148. 149. Albert E.Pederson, also known as Albert Earl Pederson, and Violette H. Pederson, also known as Violette Harriet Pederson, Violette G.Pederson, and Violet H.Pederson and Violette Pederson, husband and wife, to Automobile Underwriters, Inc., Attorney in Fact for State Automobile and Casualty Underwriters a corporation under the laws of the State cf Iowa Doc. No. 3357221 State Automobile and Casualty Underwriters, a corporation under the laws of the State of Iowa (Corporate Seal) to Albert E.Pederson, also known as Albert Earl Pederson, and Violette H.Pederson, also known as Violette Harriet Pederson, Violette G. Pederson, and Violet H.P.ederson and Violette Pederson, husband and wife Doc. 110. 3507235 t Satisfaction of Mortgage recorded in Book 3121 of Mtgs., page 204 as Doc. #3172667 (See No. 140) Dated Aug. 13, 1970 Filed Oct. 28, 1970 Book 70 of Hennepin County Records, page 3853197 Mo or - --- Dated June 2T Filed July 2, 1962 Book 3314 of Mtgs., page 533 To secure $8400.00 Satisfaction of Mortgage recorded in Book 3314 of Mtgs., page 533 as Doc. #3353596 (See No. 146) Dated July 19, 1962 Filed July 24, 1962 Book 3320 of Mtgs., page 119 .) Mortgage Dated July 23, 1962 Filed July 24, 1962 Book 3319 of Mtgs., page 332 To secure $53,750.62 Partial Release of Mortgage recorded in Book 3119 of Mtgs., page 332 (See No. 148) Dated Oct. 15, 1964 Filed Oct. 28, 1964 Book 3494 of Mtgs., page 544 Consideration Valuable. 150. 151. Automobile Underwriters, Satisfaction of Mortgage Inc., attorney in fact for recorded in Book 3319 of State Automobile and Mtgs., page 332 (See No. 148) Casualty Underwriters, Dated Jan. 10, 1966 (Iowa Corporation) Filed Jan. 19, 1966 (Corporate Seal) Book 3589 of Mtgs., page 233 to take -off see Albert E.Pederson and wife. Exhibit B Doc. No. 3588221 to Albert E. Pederson and Easement for Sani e Violet H. Pederson, - Dated Feb. 1, 1963 husband and wife, Filed Nov. 19, 1964 and Wallace B.Kenneth Book 2469 of Deeds, page 406 and Jean M.Kenneth, husband (For conDlete take -off see and wife, Exhibit B hereto attached.) to Village of Edina, (Minnesota Municipal Corporation) Doc. No. 3511777 s 0 'T ro Cn THI3 I,`I3:RU7. NT, 1[ade `r.i= 1st d :y of Pebru + any , 19 63 , L J ( and between -Uc. :-"d -nevi .e Albert S Pederson and Violet A Pederson and Wallace B X meth ^11 and Jean H. Henneth . `.u-c- d ^:;d 'ri e , /cf t4? Cecnty of Herr__pin r and State of Minnesota, parties of the f;r >t - r ^ ^., ani t'r.b Village of Edina, ;i a municipal corporation organized -nd=r of the atate of Minnesota, party of the second part; ILJ J WITNESZEl -, ?hat the said r.;rties If the first - part, ir. considera- tion Of Cne and no/100 i- III ( ^ ^7 Fars, to then in h the said tarty of the second part, the recei t w!".erecf is hvireb;; ackno:,rledi, do Grart� Bargair, Sell, Convey and 4;arrant t,) ;aid party :f the second part an Easement in . Perpetuity for sanitary sewer p'u•poses, including the right to enter for the Purpose of constructing, maintaining)' alterir.�, repairing and reconstructing J( a sanitary sewer system in and ov =r the following described rooerty situate in j the County of Hennepin and State of IMinnesota, t� -nit: A strip Of land twenty (20) feet in width the center line of which comaences at a point on the South line of the S',•r 4 of the V 4, Section 30, Township 117, Range 21, six hundred twenty -five and one tenth (625-1) feet West of the East line of S•r a of the Si 4 of said Section 30; thence `lortherly one thousand two hundred (1200) feet on a line parallel to the east lire of S•r 4 of Sr' 4 of said Section 30; thence ;tort nresterly at a deflection angle to the left of forty -four degrees fifteen minutes (44'151)' a distance of nine hundred ten and fifty -eight hundredths (910.53) feet'to a point on a line which is thirty -three (33) feet East of and parallel to the 'nest Ltne of said Section 30, excepting the right -of -.ray of County Poaa Yo. 18 and there tenainating. Together with temporary construction easements of twenty (20) feet in width 0) .l! on both sides of and parallel to the aoove described sanitary sewer easement, excepting the right -of -way of County P,oad No. 1.8, said temporary easements �.. shall cease and terminate on January 1, 1964. This instrument is exempt from state deed tax. 0 J Z, It is the intention and agreement of the Parties hereto that the party Of the second part shall in the construction, cr maintenance of said sanitary . sewer replace, any shrubs or sod removed by any excavation in connection with such construction or maintenance wark, in as nearly as possible the sane condition as before such excavation. i EXHIBIT B c R 0 0 Albert E. Pederson and Easement for Sanit'at°�_ewer Violet H. Pederson, husband Dated. Feb. 1, 1963 and wife, and Wallace B. Filed Nov. 19, 196+ Kenneth and Jean M.Kenneth, Book 2+69 of Deeds, rage 4o8 husband and wife, (For complete take -off see 152. to Exhibit C hereto attached.) Village of Edina, (Minnesota Municipal Corporation) Doc. No. 3511778 :jr 1it-8 ,: In EAZEVENT FCR 3 ??:I1:'.RY 3=:. M S THI3 IN�TRUIEi�T, Made this 1st day of February f, 19 63 , by •nd wi-e S. and between Albert E. Pederson and Violet H. Pederson and Wallace B. Kennet -11 t`. rr the C ^unty of Herr pin and Jean K Kenneth —J ' `i �/ and State of Minnesota, parties of the first -,^ =t, :,nd the 6 tof Edina, a municipal corporation organized under the laws of the at to of Iinnesota, party of the second part; WITNESSETH, That the said p, =rties of the first part, in considera- tion of One and no /100 (1.00) Coilars, to them in hind paid by the said party 1 `'I of th<_ second part, the receipt wherecf is h ,-reby acknowledged, do Grant, Bargain, 3e11, Convey and Warrant to said pa he second party an Easement in perpetuity for sanitary sewer p.uposes, including the right too e'nCex� the purpose of constructing, maintaining, altering, repairing and reconstructing a sanitary sewer system in and over the fallowing described property situate in &e County of Hennepin and State of Yinnesota, to -Wit: A strip of land, twenty (20) foot in width, the center line of which is described as follows Commencin at a point on the East line of the West 6001 of the East 1000.1y of that part of the W z of t:— S W 4 of - Section 30, Township 117, Ran ,_e 21, Yana South of the North 350' thereof and that part of the said W z of the S4 a lying West of the East 1000.1' thereof except road. Said point being 1701 North of the SE corner thereof; thence West at right an .gles to said East line a distance of 211.81 and there terminating. Together with a temporary, construction easement 201 on both sides of and parallel to the above described sanitary sewer easement, said temporary easement shall cease and terminate on January 1, 1964. This instrument is exempt from state deed tax. It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction, or maintenance of said sanitary sewer replace any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. EXHIBIT C Fri 153. 0 Albert E.Pederson and Violet H.Pederson, husband and wife, and Wallace B.Kenneth and Jean M.Kenneth, husband and wife, to Village of Edina, (Minnesota Municipal Corporation) Doc. No. 3511779 Easement for Sa —nitct �,ewer Dated Feb. 1, 1963 Filed Nov. 19, 1964 Book 2469 of Deeds, page 110 (For complete take -off see Exhibit D hereto attached.) (Shown for Overlap.) . C71_ ~ t 7` J LO r Cn I i e 0 7 V� p > a ZI !, THI3 Ii:S:HU'C::i, ?!ad,- t--is Ist day of February , 19 63 , c-, and between Albert B. Pederson and Violet H. Pederson and Wallace B. Kenneth and Jean H. Kenneth w ,/ct the C ^unty of Henn - _n and State cf i!irnescts, rar-.ies o. toe "_r =t r-±rt, ani the Village of Edina. ; a municipal corporation crgani>ed •nd 'he haws of the state of PYr_resota, 1 party of the second part; f WITF- SoEW., That t-'-2 said p•.rt_es cf the first part, it considera- tion cf Cne and no /1C0 (1.X) Enllars, tc ther in h--nd Laid by the said party of the second part, the receipt k; `erec_ :.j nsSy_.�' kn— Oant, Bargain, Sell, Convey and ilarr3nt t^ Said party cf the _ t in perpetuity Tor sanitary sewer r-irp ^ses, including the right tc enter for the purpose of cor-structinE, raintaini t, altering, repairing and reconstructing a sanitary sewer system in snd cv z t~e f-3llo-wing described property situate in the County of Hennepin and State of Nirnesota, to -wit: A strip of land twenty (20) feet in xidth the center line of Lich cc=.ences at a point on the North line of the Mil 4 of the PW a of Section 31, Tounshir; 117, Range 21 a distance of six hund.-ed twenty -fire (625) feet West of the Northeast corner of said Ind a of the 11.-1 s; thence Southwesterly a distance of six hundred forty -three and forty -eight hundredths (643.1-8) feet to a point on a line which if extended Westerly would intersect the Best line of Section 31 a distance of six hundred thirty -seven and eight hundredths (637.C8) feet South of the 1M corner thereof and if extended Easterly would intersect the East line of said NJ 4 of the V 1 of Section 31 a distance of six hundred thirty -one and seventy - three hundreds 631.73) feet South of the NE corner of the p7(1 - of the NN g)' said point being seven hundred thirty (730) feet West of the East line of the said YJ 4 of the Yd 1, and there terminating. Together with temporary- construction easements, twenty (20) feet in width on both sides of and parallel to the above described twenty (20) foot sanitary sewer easement, said temporary easements shall cease and terminate on January 1, 1964. This instrument is exempt from _-ate deed tax. It is the intention and agreement of the Farties hereto that the party of the second part shall in the construction, or maintenance of said sanitary sewer replace any shrubs or sod reroved by any excavation in connection with such construction or maintenance work, in as nearly as possible the sane condition as before such excavation. EXHIBIT D Pi. 0 Moorhead Machinery & Boiler Co., a corporation under the laws of the State of Minnesota (No Corporate Seal) 154. Vs Albert E.Pedersen Doc. No. 3476213 Moorhead Machinery & Boiler Co. a corporation under the laws of the State of Minnesota (Corporate Seal) 155. 1 to Albert Pederson Doc. No. 3492418 Moorhead Machinery & Boiler Co. a corporation under the laws of the State of Minnesota (Corporate Seal) 156. to Albert E.Pederson Doc. No. 3512053 Josiah E. Brill and Josiah E. Brill, Jr., co- partners in the practice of law doing business as and under the firm name and style of Brill and Brill 157. Vs Albert E.Pederson and Violet Pederson Doc. No. 3499470 Brill and Brill 158. to Albert E.Pederson Doc. No. 3512205 "y Albert Earl Pederson aka Albert E.Pederson; and Violette G.Pederson, aka Violet H.Pederson, Violette Pederson, Violette H.Pederson,Violette Harriet Pederson, Violet G. Pederson, Violet Pederson and Violet Harriet Pederson, husband and wife, to Wallace B.Kenneth Doc. No. 3507236 16 Mechanic's Lien Dated I-lay 21, 1964 Filed May 21, 1964 Book 333 of Liens, page 543 Claim $453.10 Assignment of Mechanic's Lien recorded in Book 333 of Liens, P g 3No. 154) Dated Aug. 13'4 Filed Aug. 17, 1964 Book 334 of Liens, page 608 Consideration $455.60 Satisfaction of Mechanic's Lien recorded in Book 333 of Liens, page 543 (See #154) Dated Oct. 29, 1964 Filed Nov. 19, 1964 Book 336 of Liens, page 348 Notice of Attorney's Lien Dated Sept. 21, 1964 Filed Sept. 21, 1964 Book 335 of Liens, page 269 Amount of Claim 13,706.85 Satisfaction of Attorney's Lien recorded as Doc. #3499470 (See No. 157) Dated Oct. 28, 1964 Filed Nov. 20, 1964 Book 336 of Liens, page 354 Warranty Deed Dated Oct. 27, 1964 Filed Oct. 28, 1964 Book 2465 of Deeds, page 1 (For complete take -off see Exhibit E hereto attached.) _- 00, CS, l , } !n WARRANTY DEED f' Cl 1 THIS INDENTURE, Made this 27th day of October, 1964, between Albert Earl Pederson, aka Albert E. Pederson; and Violette G. i t • •J 7, j On; � ti r Pederson, aka Violet H. Pederson, Violette Pederson, Violette H. Peder- son, Violette Harriet Pederson, Violet G. Pederson, Violet Pederson and Violet Harriet Pederson, husband and wife, of the County of Hennepin, and State of Minnesota, parties of the first part, and Wallace B. Kenneth of the County of Hennepin and State of Minnesota, party of the second part, 7the WIrNE SSETH, That aid parties of the firs pa - !/ sideration of the sum of one dollar and other good and valuable considera- tions, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do hereby Grant, Bargain, Sell, a 0 and Convey unto the said party of the second part, his heirs and.assigns, Forever, all the tract or parcel of land lying and being in the County of Hennepin and State of Minnesota, described as follows, to -wit: The West 1/2 of the Southwest 1/4 of Section 30, ; Township 117, Range 21, except the East 400.1 feet thereof and except the North 5S5 feet, as measured along the East and West lines thereof; ^✓ 1 That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 117, Range 21, described as ' .. A commencing at the Northwest corner of the Northwest .� N quarter of the Northwest quarter; thence East to the M Northeast corner thereof; thence South along the East I line thereof 631.73 feet; thence west to a point on the West line thereof, distant 637.08 feet South from the beginning; thence North to the beginning, subject to roads and easements of record. v ` The foregoing description contains approximately 62.3 I acs more or less including roads. TO HAVE AND TO HOLD THE SAME, Together with all the hereditamentss and appurtenances thereunto belonging or in anywise appertaining, to the second party, his heirs and assigns, Forever. Ile- 7 \ _ 1O • J 1 // 7- - .1%. .._. . . . EXHIBIT E . C\1 And the said Albert E. Pederson and Violette G. Pederson, parties C-j ! of the first part, for their heirs, executors and administrators, do t+t� covenant with the said party of the second part, his heirs and >> + 'assigns, that they are well seized in fee of the lands and premises N a, A� I 51L, c t •� 1 i J V aforesaid, and have good right to sell and convey the game in manner .and form aforesaid, and that the same are free from all incumbrances, save and except: i A mortgage to The Minneapolis Savings and Loan ' Association dated April 22, 1959, and filed in j� Book 3121 of Mortgages, Page 204, in the amount of $65,000.00 executed by parties of the first part which the party se and part hereby assumes and agrees to pay in accordance - terms and N1 ..to be bound by each and all of the terms of sai 0 mortgage as though said mortgage had originally been made and executed by him; and the party of • the second part further agrees that he will not at- tempt to or enter into any contract with the Minne- apolis Savings and Loan Association to secure a partial release of any lands from the terms of the mortgage above referred to without securing the written consent of the parties of the first part; and, 1\ To the restrictions contained of record as recorded ^6 in Book 2176 of Deeds, Page 529; and in To a County Ditch Easement of County Ditch . #41; and, To an easement to the Highway Department over a portion of said property; • and, ' To all zoning ordinances and other ordinances of the Village of Edina and agreemetnts entered into by the parties hereto relative to the use of said property; and, Subject to an attorneys' lien filed against such premises by Josia E. Brill and Josiah E. Brill, Jr., on September 21, 1964, in the sum of $3,706.85 with interest from September 1, 1964; (� And the above bargained and granted lands and premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrences, herefnbefore mentioned, the said • parties of the first part will Warrant and Defend. ' - i � 1 4 • {j M • :a T. 1 dt 1. 1 r• IN TESTIMONY WHEREOF, The said parties of the first part have hereunto set their hands the day and year first above written. ' I P ENCE OF Albert Earl Pederson r , Violette G. Pederson STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN) On this 2 7th- 4aV- oLQctob1964, before me, a Notary Public, within and for said County, personally appeared Albert r and Violette G. Pederson, husband and wife, to me known to be the persons descFibed in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. eo��Jltrey Mahoney, otary Public Hednepi County, Minnesota • My commission expires January 22, 1971. .DEED TAX. DEED TAX 1 DEED TAX ILJ , . ;S ,S, ' h .S 5' LL—;.T,. DEED TAX i [ . C"'4ii ... i DEED TAX :r '7 r 1 i W 0 Wallace B. Kenneth Mortgage and Jean M. Kenneth, Dated Oct. 27, 1964 husband and wife, Filed Nov. 19, 1964 159• to Book 3499 of Mtgs., page 330 Albert E. Pederson To secure $16,533.73 and Violette G.Pederson, husband and wife, Doc. No. 3512055 Albert E.Pederson and Assignment of Mortgage Violette G.Pederson, recorded as Doc. #3512055 160. to —�^ Morrill G.Pederson Dated Oct. 2 and Gladys M.Pederson - Filed Nov. 19, 1964 Doc. No. 3512056 Book 3499 of Mtgs., page 332 Consideration $1.00 etc. Morrill G.Pederson and Assignment of Mortgage Gladys M.Pederson, husband recorded in Book 3599 of and wife, Mtgs., page 330 as Doc. #3512055 161. to Dated Mar. 14, 1966 Albert E.Pederson and Violet Filed, Mar. 16, 1966 H.Pederson, aka Violette G. Book 3597 of Mtgs., page 235 Pederson, aka Violette Harriet Consideration $1.00 etc. Pederson, husband and wife, Doc. No. 3595411 Albert E.Pederson and Assignment of Mortgage Violet H.Pederson, aka recorded in Book 3599 of Violette G.Pederson, aka Mtgs., page 330 as Doc. #3512055 Violette Harriet Pederson, Dated Mar. 17, 1966 husband and wife, Filed Mar. 18, 1966 162. to Book 3597 of Mtgs., page 492 Third Northwestern National Bank Consideration $1.00 etc. Doc. No. 3595743 Third Northwestern National Satisfaction of Mortgage Bank of Minneapolis recorded in Book 3499 of (United States Corporation) Mtgs., page 330 (Corporate Seal) (See No. 159) 163. to Dated Feb. 7, 1969 Wallace B.Kenneth and wife Filed Feb. 13, 1969 Book 69 of Hennepin County Records, page 3762490 U Geoffrey J. Mahoney and Richard P. Mahoney, co- partners in the practice of law as and under the firm name and style of Maho and Mahoney, 164. Vs Albert E. Pederson, Violet Pederson, and Pederson Dairy, Inc., a Minnesota Corporation Doc. No. 3559351 Notice of Attorney's Lien Dated Aug. 27, 1965 Filed Aug. 27, 1965 Book 340 of Liens, page 60 Ley Amount of Claim $4,256.84 Affecting The W 112 of the SW 1/4 of Section 30, Township 117, Range 21, except the East 400.1 feet thereof; and That part of the NW 1/4 of the NW 1/4 of Section 31. 'zownsnzp 11-(, Eange 21, "lee's r e.� as commencing at the Northwe er of the NW 1/4 of the NW 1/4; thence East to the Northeast corner thereof; South along the East line thereof 631.73 feet; thence West to a point on the West line thereof, distant 637.08 feet South from the beginning thence North to the beginning, except roads, and the following described premises That part of the Southwest 1/4 of Section 30, Township 117, Range 21 described as follows: Beginning at a point in the West line of said Section 30, distant 555 feet South, as measured along said West line from the Northwest corner of the Southwest 1/4 of said Section 30; thence South along the West line of said Section 30, a distance of 456.58 feet; thence at right angles East, a distance of 508.68 feet; thence North 18 degrees 30 minutes East, a distance of 310.34 feet; thence on a tangential curve to the left with a radius of 228.82 feet a distance of 191.03 feet to its intersection with a line running Easterly from the point of beginning and parallel with the North line of said Southwest 1/4; thence Westerly along said parallel line to the point of beginning. For purposes of this description the West line of the Southwest 1/4 of Section 30, Township 117, Range 21 is assumed to be a North -South line. Mahoney and Mahoney 165. to Pederson Dairy, Inc., and Albert Earl Pederson and Violet H.Pederson, his wife, Doc. No. 3588631 Karl Krahl Excavating Co., (Minnesota Corporation) (Corporate Seal) 166. Vs Interlachen Hills, Inc., a Minnesota Corporation Doc. No. 3589619 Satisfaction of Attorney's Lien recorded in Book 340 of Liens, page 60 as Doc. #3559351 (See No. 164) Dated Jan. 18, 1966 Filed Jan. 21, 1966 Book 342 of Liens, page 252 Mechanic's Lien Dated Jan. 31, 1966 Filed Jan. 31, 1966 Book 342 of Liens, page 372 Claim 19,183.00 0 E (Continued) Karl Krahl Excavating Co. Satisfaction of Mechanic's Lien (Minnesota Corporation) recorded in Book 342 of Liens, (Corporate Seal) page 372 (See #166) 167, to Dated Aug. 1, 1967 Wallace B.Kenneth Filed Aug. 7, 1967 and Interlachen Hills, Inc. Book 350 of Liens, page 350 Doc. No. 3668686 Karl Krahl Excavating Co., Lis Pendens Case No. 630903 a Minnesota Corporation Dated Sept. 20, 1966 168. Vs File 'use 22, 1966 Interlachen Hills, Inc., Book 3629 of Mtg,., page 552 a Minnesota Corporation, - Mortgage Associates, Inc., a Wisconsin corporation, Burr -White Company, Roger Knutson, Donald J.Murray, Wesley Glaser, Eugene Ritter, et al Doc. No. 3624593 Karl Krahl Excavating Co., Discharge of Lis Pendens a Minnesota Corporation recorded in Book 3629 of 169. to Mtgs., page 552 (See No. 168) Interlachen Hills, Inc., Dated Aug. 1, 1967 a Minnesota Corporation, Filed Aug. 7, 1967 Mortgage Associates,.Inc., Book 3672 of Mtgs., page 241 a Wisconsin Corporation, Burr - White Company, Roger Knutson, Donald J. Murray, Wesley Glaser, Eugene Ritter, et al Doc. No. 3668687 Wallace B. Kenneth and Plat of Interlachen Hills Jean M. Kenneth, his wife, Dated Apr. 29, 1965 owners and proprietors, Filed May 21, 1965 170. to Book of Plats, page The Public Know all men by these Doc. No. 3541931 presents that Wallace B.Kenneth and Jean M.Kenneth, his wife, owners and proprietors, of the following described property situate in the State of Minnesota and County of Hennepin, towit: That part of the Southwest 1/4 of Section 30, Township 117, Range 21 described as commencing at a point in the West line of the Southwest 1/4 of said Section 30, distant 555 feet South of the Northwest corner thereof; thence South along the West line of said Southwest 1/4 a distance of 456.58 feet; thence at a right angle East a distance of 571.95 feet; thence Northeasterly deflecting to the left 71 degrees 30 minutes a distance of 290.26 feet; thence Northerly on a tangential curve to the left, with a radius of 288.82 feet, a distance of 211.09 feet to an intersection with a line drawn Easterly from the point of beginning and parallel with the North line of said Southwest 1/4; thence Westerly along said parallel line a distance of 655.74 feet to the point of beginning, have caused the same to be surveyed and platted as Interlachen Hills and do (Continued) (No. 170 Continued) hereby donate and dedicate to the public for Road, Drive and Easement for Sewer and Water on the annexed plat. Surveyor's Certificate 1965. Approved and accepted by the Village Edina, Minnesota, May 12, 1965. Approved and accepted by the Village Council May 17, 1965. 16 public use forever the Main purposes as shown attached dated: Apr.27, Planning Commission of of Edina, Minnesota, Checked and approved by Elmer J.Peterson, Hennepin County Surveyor, April 29, 1965. (Shown for reference as to boundary lines.) Contains 1 Block numbered 1. Block 1 contains 1 Lot numbered 1. Wallace B. and Jean M. Warranty Deed Kenneth, husband and wife, Dated May 28, 1965 171. to Filed July 1, 1965 Interlachen Hills, Inc., Book 2499 of Deeds, page 564 (Minnesota Corporation) Consideration $1.00 etc. Doc. No. 3548931 That part of the Southwest 1/4 of Section 30, Township 117, Range 21, described as follows: Beginning at a point in the West line of said Section 30, distant 555 feet South, as measured along said West line from the Northwest corner of the Southwest 1/4 of said Section 30; thence South along the West line of said Section 30, a distance of 456.58 feet; thence at right angles East, a distance of 508.68 feet; thence North 180 -30' East, a distance of 310.34 feet; thence on a tangential curve to the left with a radius of 228.82 feet a distance of 191.03 feet to its intersection with aline running Easterly from the point of beginning and parallel with the North line of said Southwest 1/4; thence Westerly along said parallel line to the point of beginning. For purposes of this description the West line of the Southwest 1/4 of Section 30, Township 117, Range 21 is assumed to be a North -South line. State Deed Tax Stamps $1.10 (Shown for reference.) Carl M. Hansen and Helen Quit Claim Deed M. Hansen, his wife, Dated Jan. 18, 1966 172. to Filed May 20, 1966 Interlachen Hills, Inc., Book 2544 of Deeds, page 437 (_Minnesota Corporation) Consideration $1.00 etc. Doc. No. 3604813 A 60 foot strip of land lying 30 feet on either side of a line drawn Westerly from a point on the West line of the East 400.1 feet of the West 1/2 of the Southwest 1/4, Section 30, Township 117, Range 21, distant 729 feet Southerly from the North line of said Southwest 1/4 and said line extending Westerly parallel to the North line of the said Southwest 1/4 to the Poor Farm Road, known as County Road No. 18. This instrument is intended to release the easement for road purposes conveyed to parties of the first part by warranty deed executed and delivered by Albert E. (Continued) • 0 (No. 172 Continued) Pedersen, Violet H.Pedersen, his wife, Morrill G.Pedersen and Gladys Pedersen, his wife, dated July 16, 1948, filed July 22, 1948, recorded in Book 1732 of Deeds, page 609, Doc. #2514984, office of the Register of Deeds of said County and confirmed by "Agreement" between the same parties dated and filed on the same respective dates and recorded in Book 1732 of Deeds, page 610, Doc. #2514985. State Deed Tax Stamps $1.10 Wallace B. Kenneth and Easement Jean M. Kenneth, husband Dated Aug. 2, 1967 and wife, Filed Sept. 11, 1967 173. to Book 2602 of Deeds, page 139 Village of Edina, (For complete take -off see (Minnesota Municipal Exhibit F hereto attached.) Corporation) Doc. No. 3674648 to Q�IjI It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction, or maintenance of said utility and drainage systems replace any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. EXHIBIT F EASEMENT C.7 THIS INSTRI,ShT, Made this 2nd day of Au mist 1967, by j. and between Wallace B. rennet'z and Jean M. Kenneth, husband M 1 and wife of the County of Hennepin and State of Minnesota, parties of the first part, and the Village of j Edina, a municipal corporation organized under the laws of the State of S1 Minnesota, party of the second part; I' WITPZ SSETH', That the said parties of the first part, in consid- ;� cration of One and No /100 P llars ($1.00), to them in hand paid by the Zi said party of the 3econd'part, the receipt where eged, i do Grant , Bargain, Sell, Convey and Warrant to said pard I part an Easement in perpetuity for all utility and drainage purposes including, but not being limited to, sanitary sewer, storm sewer, water ,j pipes, including the right to enter for the purpose of constructing, imaintaining, altering, repairing and reconstructing said utility and drainage systems in and over the following described property situate in the County-of Hennepin and State of Minnesota, to -wit: i A strip of land 10 feet in width, the centerline of c•iiich is described as follas: Ca',i acing at a point on the East li..ne of the West 600 feet of the cast 1000.1 feet of that part of the .rust 1/2 of the souti- .;?esterly 1/4 of Section 30, Tnwnsiuo 117, Range 2Z, Zyirr3 soiz h of ti-x north 350 feet tncreof, arxi ti�at part of said weest 1/2 of the souti- .,�esterl_y 1/4 lying west of the east Fr, 1000.1 feet thereof except rrko, said point being 185 feet north �! of the southeast corner tip-reof; thence s•,est at right a.'1gles to said east line a distance of 214.8 feet and there terminating. Y This instrument is exempt from the State Deed Tax Q�IjI It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction, or maintenance of said utility and drainage systems replace any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. EXHIBIT F 174. Wallace B.Kenneth for Public Road and Jean M. Kenneth, Purposes husband and wife, Dated Sept. 15, 1971 � to Filed Oct. 12, 1971 Village of Edina, Book 71 of Hennepin County (Minnesota Municipal Records, page 3911126 Corporation) (For complete take -off see Exhibit G hereto attached.) EXHIBIT G :3�i 11.126 J� EASEMENT FOR Pu9r,IC ROAD PURPOSES • THIS INSTRUMENT, Made /S'.(day o /tthis / by and between _ ����1 c c J • /,. ,. L Y,� 2 lLl� XUCL�U �� ,'� > \» s� ( 1 rr.' •• ; r of the County of Hennepin and State of Minnesota, parties of the first part, and the Village 1. <} of Edina, a municipal corporation organized under the laws of the State of Minnesota. party of the 's'ec�a�rt; ^ -r _ WITNESSETH, That the said he first pa=t; consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is u hereby acknowledged, do Grant, Bargain, Sell, Convey, and warrant to said party of the second part an Easement in perpetuity for �. public road purposes, in, under, and over the following described - property situate in the County of Hennepin and State of Minnesota, to -wit: A sixty fgot (60') strip of land in the Southwest 1/4 of • "I Section 30, Township 117, Range 21, the center line of which is described as follows: Beginning at a point in the South line of the Southwest 1/4 t1. of said Section 30, distant one hundred eighty -five feet (165') West of the Southwest corner of Parkwood Knolls 15th Addition; thence North parallel with the West line of said _ Addition one thousand fifty -six and five hundredths feet (� (1056.05'); thence northwesterly two hundred seventy -eiaht Q% and sixty -five hundredths feet (276.65') along a tangential curve to the left, having a radius of three hundred sixty N and thirty -nine hundredths feet (360.34'); thence Northerly three hundred thirty -four and eighty -one hundredths feet �- (334.51') along a reverse - curve, having a radius of three U hundred four and fifty -nine hundredths feet (304.59'); thence Northeasterly along a line tangent to last described e2" curve and along the center line of Lincoln Drive as platted in Interlachen Hills, a distance of one hundred feet (100') and there terminating. f This instrument is e;:emnt from the State reed Tax Th!o inztrurcnt iris -n-fted by Slllr�e cf 4351 Ceat 00th 6; sect Idit1, k!;re:J:a ::.:24 EXHIBIT G �cn M 'i IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first •above written. In Presence of: -- (wife) f t;> ' jta`�td6v`�sd ) as .t CCUI.'T° of PALP: °c 4CI! ' 1 On this 15t day of Se,t e� ,,pr A.D. 19_.Z_, before me, a Noaary Public within and for said County, personally appeard °r_llrr� and ✓ —n F -. Korn-t•'! t ` i be r, and W i "C r tj to me known to Ue the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act N and deed. j 0 j00 (Notarial Seal) BONDED TF(BLUGlf �„ , • yGy�4: �' i 0 a The County of Hennepin Lis Pendens 175• Vs Case No. 1276 Wallace B. Kenneth; Dated - - - -- Jean M. Kenneth Etal Filed Dec. 12, 1973 Book 73 of Hennepin County Records, page 4058031 In the Matter of the Condemnation of Certain Lands for Highway Purposes. Notice is hereby given, That the above entitled action has been commenced and the petition filed herein is no cord in thecffice of the clerk of District Court; That the object and pure said action is to acquire the fee simple absolute in the lands hereinaf e described, together with the following rights: To construct slopes and deposit waste material upon parcels hereinafter .specifically shown to be taken for that purpose; to acquire and obtain the exclusive ownership of all the dirt or other materials necessarily excavated, removed or taken from said land; to take and acquire all structures thereon and all trees, grass, shrubs and herbage now existing and growing within the right of way, and hereafter planted and grown thereon, and to have the exclusive control of the same; and to acquire the right of access to said highway from the owners whose lands front thereon in those cases which are hereinafter particularly mentioned. The names of the parties in said action and the real estate affected or involved or brought in question by said action are the tracts of land lying in the County of Hennepin, State of Minnesota, described as follows, to -wit: Parcel No. 23 (C.S.A.H. No. 18, Project No. 6715) The North 125.0 feet of the East 110.0 feet of the West 579.95 feet of that part of the following described tract lying South of the South line of the plat Interlachen Hills and the Easterly extension thereof; The West 1/2 of the Southwest 1/4 of Section 30, Township 117, Range 21, except the East 400.1 feet thereof and except the North 555 feet as measured along the East and West lines thereof, and except the plat of Interlachen Hills, and except that part conveyed for road. Also that part of said tract lying North of the curved portion of Lincoln Drive as shown on said plat Interlachen Hills and West of a line drawn parallel with the West line of said Section and tangent to the East line of said Lincoln Drive. Together with all right of access, being the right of ingress to and egress from all that portion of the first above described tract, not acquired herein, to County State Aid Highway No.18, except that the abutting owner shall have access to the service road to be constructed. Also a temporary right to construct slopes on and remove materials from that part of the first above described tract not acquired herein, which lies within the following described tract: Beginning at a point in the North line of said tract distant 151 feet East of the Northeast corner of Lot 1, Block 1, Interlachen Hills; thence run South at right angles to said North line for a distance of 74 feet; thence deflect right 20° 30' for a distance of 419 feet; thence deflect left 200 for a distance of 150 feet; thence deflect right 900 for a distance of 170 feet; thence deflect right 90° for a distance of 145 feet more or less to the South line of said Lot 1; thence East along said line to the Southeast corner of said Lot 1; thence Northerly along the East line thereof to the Northeast corner of said Lot 1; thence East to the point of beginning and there terminating. (Continued) C--Ij (No. 175 Continued) r Said temporary right to expire December 31, 1976. Names of parties interested in said land and nature of interest: Name Nature of Interest Wallace B. Kenneth Jean M. Kenneth Fee Inchoate Village of Edina Village of Edina Assessments County of Hennepin Tax Lien (Other property not in question not shown hereon.) Rocket Transfer Co. Mechanic's Lien (Minnesota Corporation) Dated Jan. 20, 1976 176. Vs Filed Jan. 22, 1976 Wallace B. Kenneth Book 76 of Hennepin County Records, page 4188673 Claim *430.50 Plat 73730 Parcel 545 Commencing at a point in West line of Southwest quarter a distance 1011 58/100 feet South from Northwester corner thereof thence East at right angles 508 68/100 feet thence North 18 degrees, 30 minutes East at a distance of 310.34 feet thence on a yangental curve to the left, a radius 228 82/100 feet distant 191 3/100 feet to the intersection with line parallel and 555 feet South from the North line of the South- west quarter, thence East along the parallel line to the intersection of the West line of the East 400 1 /10 feet of the Southwest quarter thence South along the West line to the South line of the Southwester quarter thence West to the Southwest corner thereof, thence North to the beginning, except roads. A total of approximately 34/100th acres, all in Section 30, Township 117, Range 21. Last Item: Nov. 7, 1975. 11 P Board of County Certified Copy Resolution Commissioners (Seal) Dated - -- 177, to Filed September 1, 1970 Whom it Concerns Book 70 of Hennepin County Records, Page 38L4151 Pursuant to a request by A. J. .Lee, Highway Administrator, your committee recommends that the Right of Way Division of the Hennepin County Highway Department with the coope, ion and assistance of the office of the Hennepin County Surveyor;,,:surve,y; trn? t, describe and record in the office of the Register of Deeds a highway p r and on all highways within, the County of Hennepin that are or will �- come under the jurisdiction of the Board of County Commissioners. Resolved, that the committee report be adopted. Resolution adopted. 4 w Board of County Commissioners Certified Copy Report of Hennepin County (Seal) Dated Oct. 28, 1969 178. to Filed Oct. 1, 1970 Whom it concerns Book 70 of Hennepin County Records, page 3848824 Whereas, Numerous man hours are spent in research and answering the questions of highway personnel, attorneys, abstractors, surveyors, utility companies, subdividers and other persons as to the exact location of our rights -of -way, and Whereas, There are still several county roads the right -of -way of which has never been accurately surveyed and des.C,r�ibed, and Whereas, Many of our roads have shifted and do no"t—e�orm to the established right -of -way; and Whereas, The County of Hennepin has acquired an unrecorded easemenc by statutory right of userover many of these shifts in allienment and Whereas, The County Surveyor of Hennepin County has recently completed the remonumentation of all the government owners of suburban and rural Hennepin County, and Whereas, One of the prime requisites of describing right -`o -way is that it be referenced to one or more government owners, and Whereas, Minnesota. Statutes, 1967, Section 160:14 as amended in 1969 authorize a right of way monumentation procedure and notice to the abutting property owners prior to establishing a permanent right of way record, and Whereas, Minnesota Statutes, 1967, Section 505:1792 as amended in 1969 authorizes and empowers Counties to file record plats of highways with the Register of Deeds and /or with the Registrar of Titles, showing the moi.u,«�iiLaLion of the permanent right of way. Now, Therefore, Pursuant to a request by A. J. Lee, Director of Public Works, your Committee recommends that the Right of way Section of the Hennepin County Highway Department with the co- operation and assistance of the Office of the Hennepin County Surveyor, survey, monument, describe and record in the Office of the Register of Deeds and /or in the Office of the Registrar of Titles, a highway plat for all County Roads now designated and to be designated in the County of Hennepin. Resolved: That the committee report be adopted. Resolution adopted. 179. 71 County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, pursuant to Minnesota Statutes 160.1+ and 505.1792 as amended to The Public Henn unty State Aid Highway No. 18 Dated Jan. 10, 1977 ...' . Filed Jan. 18, 1977 #x+261007 (See Exhibit H hereto attached.) H H F3 0 orrM PLAT V ZS t'' _ 5 ,.' i OF . SHEETS HENNEPIN COUNTY STATE AID HIGHWAY N0. 18, PLAT 37 � • ,av C SJ f 3 �f. t 0 • BOOK __8 _- .._PAGE R T DOC NJ 12a637lt C R OOC N � • ,av C SJ f 3 �f. t 0 • Vi ° L � ---47-- Q J u 4 h• ff Y" � • ,av C SJ f 3 �f. t 0 • 0 • City Council Certified Copy Resolution City of Edina Dated - - -- (Seal) Filed June 23, 1977 180. to #4294186 Whom it Concerns Vacating an easement for public road purposes located in the Southwest 1/4 of Section 30, Township 117, Range 21, County of Hennepin, State of Minnesota. Whereas, the record owner of that part of the West half of the Southwest Quarter of Section 30, Township 117, Range 21, lying West of the East 400.10 feet thereof, and lying South of the North line of Interlachen Hills and the same extended East; except that part thereof _embrace min the plat of Interlachen Hills; has requested the vacation of the fol�d�3i^rrg scribed Easement for Public Road Purpose -s; and Whereas, the City Council deem it to be the best interest of the City and of the public that said Easement for Public Road Purposes be vacated; Now, Therefore, Be it Resolved by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described Easement for Public Road Purposes be and is hereby vacated effective June 20, 1977; A sixty foot strip of land in the Southwest 1/4 of Section 30, Township 117, Range 21, the center line of which is described as follows: Beginning at a point in the South line of the Southwest 1/4 of said Section 30, distant 185' West of the Southwest corner of Parkwood Knolls 15th Addition;:thence North parallel with the West line of said Addition 1056.05'; thence Northwesterly 278.65' along a tangential curve to the left, having a radius of 360.39'; thence Northerly 334.81' along a reverse curve, having a radius of 304.59'; thence Northeasterly along a line tangent to last described curve and along the center line of Lincoln Drive as platted in Interlachen Hills, a distance of 100' and there terminating. City Council Certified Copy Resolution City of Edina (_Seal) Approving Final Plat of 181. to Interlachen Hills 3rd Addition Whom it Concerns Dated May 16, 1977 Filed July 8, 1977 #4297635 Be it Resolved by the Edina City Council that that certain plat entitled "Interlachen Hills 3rd Addition ", platted by Wallace B.Kenneth and Jean M.Kenneth, husband and wife, and presented at the Edina City Council Meeting of May 16, 1977, be and is hereby granted preliminary and final plat approval. Wallace B. Kenneth Plat of Interlachen Hills and Jean 12. Kenneth, his wife, 3rd Addition owners and proprietors Dated June 20, 1977 182, to Filed July 8, 1977 The Public #4297636 Know all men by these presents that Wallace B.Kenneth and Jean M.Kenneth, his wife, owners and proprietors of the following described property situated in the State of Minnesota and County of Hennepin to wit: That part of the Northwest Quarter of the Northwest Quarter of Section 31, Township 117, Range 21, described as follows: Beginning at the Northwest corner of said Section; thence South along the West line of said Section, a distance of 637.08 feet to a point; thence East to a point in the East line of said (Continued) (No. 182 Continued) Northwest Quarter of the Northwest Quarter distant 631.73 feet South of the North line of said Section; thence North along the East line of said Northwest Quarter of the Northwest Quarter a distance of 631.73 feet to the North line of said Section; thence West along the North line of said Section 31 to the place of beginning, except that part embraced within the plat of Malibu Heights. That part of the West Half of the Southwest Quarter of Section 30, Township 117, Range 21, lying West of the East 400.10 feet thereof, and lying South of the North line of Interlachen Hills and the same extended East; except that part thereof embraced within the plat of Interlachen Hills. Have caused the same to "stn d and platted as Interlachen Hills 3rd Addition and do hereby donate and de to the public for public use forever the drives, road and easements for utility and drainage purposes as shown on the plat. Surveyor's Certificate attached dated June 15, 1977. Approved and accented by the City Council of Edina May 16, 1977• Approved by Alver R.Freeman, Hennepin County Surveyor June 24, 1977. Contains 2 Blocks numbered 1 and 2, and Outlots A and B. Block 1 contains 35 Lots numbered 1 to 35 inclusive. Block 2 contains 2 Lots numbered 1 and 2. Wallace B. Kenneth and Jean 11. Kenneth, husband and wife, 183. to City of Edina, (Minnesota Municipal Corporation) 184. Taxes for 1976 and Prior Years Paid. Taxes for 1977 Amount $20,939.64, First (Base tax amount $14,326.62) Amount $5,121.06, First 1/2 Paid, Second amount $4,694.41) (Assessment also covers other land.) Warranty Deed Dated May 19, 1977 Filed Jul;r 8, 1977 #4297637 Consideration $1.00 etc. Outlot A, Interlachen Hills 3rd Addition, for use for purposes of public park lands, public open space and storm water pond and holding areas, and for no other purposes. Subject to restrictions, reservations and easements of record, if any. State Deed Tax Exempt. 1/2 Paid, Second 1/2 Not Paid. 1/2 Not Paid. (Base tax Assessed in Kenneth as Non - Homesteads; Plat 73731, Parcel 4210;. Plat 73730, Parcel 0545, (Edina #24.) 185. Certifications by Title Insurance Company of Minnesota cover records in Register of Deeds' Office as to Federal Internal Revenue Lien Notices, Minnesota Income and Inheritance Tax Lien Notices. Also probate or incompetency proceedings in the indexes to Estates of Deceased _persons and Wards in the office of the Clerk of Probate Court. 186. For Judgment and Bankruptcy Search see Certificate attached. Form TIM 25 187. TITLE INSURANCE COMPANY OF MINNESOTA I 36 I r - - -- I 1 I 1 I I I 12 I I 13 24 1 r - - -- 1 1 25 I I I 36 I - - - - -! - -- t- -- i---- j--- -T - - - - - - - -1 S.E.' /4 1 I I 1 160 ACRES 19 i 20 i 21 i 22 1 23 24 19 30 i 29 i 28 i 27 I 26 25 30 � 1 I 1 i 1 I I I 31 32 I 33 i 34 1 35 i 36 31 I 40 CHAINS 1 i 6 i 5 i 4 i 3 2; 1 i 66 I I I I I I i I I L -- - - - --1 - - -1 ---�----�- ---� CONTINUATION OF ABSTRACT OF TITLE -TO- Lots 1 to 12 inclusive, and 28 to 35, inclusive, Block l; Lots 1 and 2, Block 2; all in Interlachen Hills 3rd Addition. Since: July 28, 1977, 7:00 A. M. 80 RODS 1 10 CHAINS 3 330 FT. 5 ACRES • rod is 16% feet. • chain is66 feet or 4 rods. 2 20 ACRES 4 40 RODS • mile is 320 rods, 80 chains, or 5,280 ft. • square rod is 272% square feet. An acre contains 43,560 square feet. 6 80 ACRES 660 FT. 1 10 CHAINS An acre is about 208% feet square. 40 chains, 160 rods or 2,640 feet. 40 ACRES - - - -i -- -- - ---T - -- �--- -T - --- - - - --1 31 i 32 i 33 34 r 35 1 36 3 31 I , I 2 20 CHAINS 1 1320 FT. I 1 I I I I 1 7 I I 1 I 18 ; 17 I 16 1 15 1 14 1 13 1 18 1 i 6 i 5 i 4 i 3 2; 1 i 66 I I I I I I i I I L -- - - - --1 - - -1 ---�----�- ---� CONTINUATION OF ABSTRACT OF TITLE -TO- Lots 1 to 12 inclusive, and 28 to 35, inclusive, Block l; Lots 1 and 2, Block 2; all in Interlachen Hills 3rd Addition. Since: July 28, 1977, 7:00 A. M. °. -0 0 City Council of the Certified Copy City of Edina, Minnesota Ordinance No. 811 -A124 (Seal) Dated - -- 188. To Filed January 11, 1979 Whom it Concerns #4444105 An Ordinance Amending the Zoning Ordinance (No. 811) by adding to the historic preservation district. Ordains: Section 1. Section 11, of Ordinance No. 811 of the City of Edina is hereby amended by adding the following thereto: "Sec. 9. Boundaries of Heritage Preservation District. The bound- aries of the Heritage Preservation District shall include the following described property: The South 295 feet of the East 200 feet of the West 630 feet of the Northeast one quarter of Section 18, Township 28, Range 24, and other lands which are hereafter added to this paragraph by amendments to this ordinance." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. f C" t � t i. / /•-L !1 � - ...._. fit: 0 ✓.� � � _. �[� /- City Council of the Certified Copy City of Edina, Minnesota Ordinance No. 801 -A19 (Seal) First Reading: April 7, 1980 189• to Second Reading: April 21, 1980 Whom it Concerns Published: April 23, 1980 Filed May 13, 1980 #x+562005 An Ordinance amending Ordinance No. 801 to correct a section designation and to require compliance with the Flood Plain Management Zoning Ordinance and to require the designation of Flood Plain Elevation on certain Plats, Replats, and Subdivisions of land within the Flood Plain. (For further particulars see record) f ct- I i ,� '�.<< � : �.� 1. /��Lt r✓ f tom Board of Managers Nine Mile Creek Watershed District 190. to Whom it Concerns (Note: The only. See District.) • Certified Copy Nine Mile Creek Watershed District Rules and Regulations Certified Copy Nine Mile Creek Watershed District Ordinance 1 An Ordinance Designating the Flood Plains and the Greenbelt and Open Space Areas of Nine Mile Creek, Regulating the Use and Development Thereof. Certified Copy Nine Mile Creek Watershed District Ordinance 2 An Ordinance Entitled "Sediment Control ,ordinance of the Nine Mile Creek Watershed District ", Providing for the Control of Grading, Erosion and Sedimentation; Providing Administrative Procedures for Implementing the Ordinance; and Providing Penalties for Violating Thereof. Adopted July 18, 1973 Filed June 19, 1981 #4651168 (For full particulars see record.) above document has been shown for reference information attached map for boundaries of Nine Mile Creek Watershed WATERSHED CREEK DISTRICT • L BARR ENGINEERING CO. CONSULTING HYDRAULIC ENGINEERS U The City Council of the City of Edina, Minnesota (Seal) 191. to Whom it Concerns ZONING ORDINANCE (NO. 811) BY ADDING TO DISTRICT. (For further particulars see <2 0 Certified Copy Ordinance No. 811 -A165 Dated -- Filed January 7, 1983 #4763674 AN ORDINANCE AMENDING THE THE HISTORIC PRESERVATION record). The City Council of the Certified Copy City of Edina, Minnesota Ordinance No. 801 -A20 (Seal) Dated -- 192. to Filed January 7, 1983 Whom it Concerns #4763675 AN ORDINANCE AMENDING ORDINANCE NO. 801 TO CLARIFY THE AMOUNT OF FEES CHARGED FOR FILING AND PROCESSING PLATS AND SUBDIVISIONS. (For further particulars see record). The City Council of the Certified Copy City of Edina, Minnesota Ordinance No. 801 -A22 (Seal) Dated -- 193. to Filed January 7, 1983 Whom it Concerns #4763676 AN ORDINANCE AMENDING SECTION 9 OF ORDINANCE NO. 801 TO ALLOW DEFERMENT OF THE PAYMENT OF THE CASH CONTRIBUTION WHICH MAY BE REQUIRED PURSUANT TO SUB- PARAGRAPH (a) OF SECTION 4 OF ORDINANCE NO. 801. (For further particulars see record). The City Council of the Certified Copy City of Edina, Minnesota Ordinance No. 801 -A21 (Seal) Dated -- 194. to Filed January 7, 1983 Whom it Concerns #4763677 AN ORDINANCE AMENDING ORDINANCE NO. 801 TO ESTABLISH A FEE TO BE PAYABLE TO THE CITY BY A DEVELOPER IN COMPENSATION FOR CERTAIN SERVICES PROVIDED BY THE CITY IN CONNECTION WITH PLAN A IMPROVEMENTS. (For further particulars see record). 0 The City Council of the Certified Copy City of Edina, Minnesota Ordinance No. 801 -A18 (Seal) Dated -- 195. to Filed January 7, 1983 Whom it Concerns #4763678 AN ORDINANCE AMENDING ORDINANCE NO. 801 RELATIVE TO SUBDIVISION FINANCING AGREEMENTS TO SPECIFY THE KIND OF SECURITY THAT WILL BE ACCEPTED. (For further particulars see record). The City Council of the Certified Copy City of Edina, Minnesota Ordinance No. 801 -All (Seal) Dated -- 196. to Filed January 7, 1983 Whom it Concerns #4763679 AN ORDINANCE AMENDING ORDINANCE NO. 801 OF THE CITY RELATIVE TO SUBDIVISION FINANCING AGREEMENTS TO DELETE THE REQUIREMENT TO RECORD AN AGREEMENT TO PAY SPECIAL ASSESSMENTS, TO SPECIFY THE KIND OF LETTER OF CREDIT THAT WILL BE ACCEPTED, AND TO REQUIRE WRITTEN AGREEMENTS ON ESCROW DEPOSITS. (For further particulars see record). State Automobile and Casualty Underwriters (Iowa Corporation) 197. to Albert E. Pederson, and his wife Wallace B. Kenneth and Jean M. Kenneth, husband and wife 198. to The County of Hennepin, a body politic and corporate under the laws of the State of Minnesota 0 Satisfaction of Mortgage Recorded in Book 3319 of Mtgs., Page 332 and Document No. 3357221 Dated October 14, 1977 Recorded November 2, 1977 #x+329969 Warranty Deed Dated February 20, 1974 Recorded December 1, 1977 #x+337907 (For complete take -off see Exhibit A hereto attached) 122210amw ;W; • I. 9W 1101011MM - Made rem 14& 84L 4337m.)07 ofF".t ........... . ............................... A —.a _V­ of of CMMY Of Irwor.4 ........ . ......... . . . ........ . . . . ....... and istaft of .......... florlds... Ow4 Is-$­ of the ftrw park mad. Tte-County-af m*0M.tfl,,..A..bod.V I ........... ............. . .111C..Mid corpora" ... ........................................ ». . ... . . .......... . .................. . . ..... .................................. . .......................... ......... ....... ............. . ............... ....... under As lean of tho Bta40 of A4.1.nogjalo . .............. . .... ............... I party of the neond Part, of of AUK Of Thouiand and... 00ZjQ0!"mttSM. &=t- to........... . ... ......An hand Pam by 0A0 said party of a# nomad pa;4, go receipt whep"t is hereby 461moarleag", do........... AW0111V &0", 3"idta, Belk and Ue Ageonaore and anijak jrM~' all am bow . .... or CMMY Unto as mid W4 of of nomad Part. Par*" Of land 10*1 and being in as Caux#p of .............. HOOMPIA .................. 1- . .......... ......... a" 80440 Of Minnesota. door" a# falmm, jgm�.. *See Below The Worth 125.0 feet of the East 110,0 feet of the West 579.95 feet of that part Of the following described tract lying South of the South line Of the plot Inter- lachen Hills and the Easterly extension thereof: J* The West 1/2 of the southwest 1/4 of Section 30, Township 11*'7. Range 21, except the East 400.1 feet thereof and except the North 555 feet as measured along the East and West lines thereof, and except the plot of Interlachen Hills. Also that Part Of said tract lying North of the curved portion of Lincoln Drive 05 shown on sold plat Intarlachen Hills and West of a line drawn parallel with the West line of said Section and tangent to the East line of said Lincoln Drive. Together with all right Of access, being the right of Ingress to and egress from all that portion of the first above descrlbaO tract, not acquired herein, to County State Aid Highway No. 18, except that the abutting owner shall have access to the service road to be constructed. we *a* No is so Together With all the hovdiftments and thereunto belonging, or in anywise appertaining, to the Sam party of the nomad paws, w Suave"" and aftigms, Forever. Jnd the *aid Wa.I.Ifte 8...X#=fttkL..AVd- . .... ....................................................................... I ..... part i.94 of thft ....................................... ... ... »...... e o . i.r........ heirs, &Vomtors and admix1grat,", do .......... 00VIntant WU4 the said Park of ON Nomad put, ite awafnpre wed anigns, that t.he ....y Mrg mind in In of t1as lande and provane afor"aid, a" hat!*...... . ............ ........ low good right to all and convey the mme in Manner am I form afor"OU, and that the sanm are /me from all Ineumbramm, *Letter from Hennepin County Public Works, dated November 2, 19?3 - 529,000.00 - Taking-of access 4 000 00 - Fee 11 $33:000% $10,000 - Item M separate ddIcument Item I 022 $10,000.00 Loss,of ingress & egress from & to coR.018 #23 29,000,00*Taking of access (2 existing driveways) 4,000.00 Fee #24 8,5 0.00 Fee 30,000.00 Severence Total .$82,000.00 STATE TAX DUE HEREON+, -fad As above bargained and granted land* and premise, in the quiet and peaceable poannim, of JU Said Park of the Awmad part, its suomosore and a&W&*, agWad all person lawfully OW nj or to "ft the Whole or any. *part thwwf, mbJect to inmmbwane, if any, hortimbefors ns"0004 Mi Of As $W Part will Warrant and Defend. Ow said part..41. Aatadb Ik 901116AM so 9 1 •no W14 of of flf* P44 AO Y!! hereunto ad. the I r W day and pw $ret a&nv written. In Pre"N" of . .. . . ........ . ............ . ........... . . ............._...».... ». . . »_...__..._ ... . . .............. . .................... .11 . ................... (EXHIBIT A) es 199• 0 Interlachen Hills, Inc. (Minnesota Corporation) to New York Life Insurance Company (New York Corporation) L Combination Mortgage, Security Agreement and Fixture Financing Statement Dated June 21, 1978 Recorded June 23, 1978 #x+388633 (For complete take -off see Exhibit B hereto attached) ^' 438$633 COMBINATION MORTGAGE► SECURITY AGREEMENT AND FIXTORE FINANCING STATEMENT s *' THIS MORTGAGE, dated as of the ;`/ day of S4�✓� 1978 between INTERLACHEN HILLS, INC•• a�tinnesota orpora on, whose address is 5101 Lincoln Drive, Edina, Minnesota 55435 (hereinafter referred to as "Mortgagor "), and NEW YORK LIFE INSURANCE COMPANY, a New.York Corporation, whose address is 51 Madison Avenue, New York, New York 10010 (hereinafter re- ferred to as "Mortgagee"). WITHESSETH:• ' WHEREAS, Mortgagor is the owner of the property situat- ed in the County of Hennepin, State of Minnesota, legally attached partrhereof n(hereinafter sometimeshreferred toeasb "Praemises ")s and R • I Sk °' x yyv. 3. u. f .'s J yy4 1- 1 WHEREAS, Mortgagor is justly indebted to the Mortgagee in the principal sum of Nine Hundred Thousand and No /1 ($900,000.00) Dollars, as evidenced by one Promissory Note r gagor (hereinafter referred to as "Note "), dated the date hereof, bearing interest-at a per annum rate of nine (90) percent, payable to the order of Mortgagee, which Note is fully hereby incorporated ated herein bynreference and secured hereby. • WM, THEREFORE, THIS MORTGAGE NITHESSETH: That the Mortgagor, in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, the receipt whereof is hereby acknowledged, and to secure i. the payment of the principal and interest of the Note accor- ding to its tenor and affect and all other indeatedness sec- ured hereby, and the performance and observance of all the covenants,, agreements and provisions herein, in the Note, and in any other instruments-given as security for the Note, or executed by'Mortgagor in connection with the Note, has �o executed and delivered these presents and has granted, bar - b� gains&, sold, conveyed,•mortgagod and pledged, assigned, set over and transferred,-and by these presents does hereby sell, grant, bargain,• convey, m rtgage. and pledge, assign, trans- fer and not over unto.the Mortgagee,'its successors and its assigns forever (i) all the tract or parcel of land lying and being in the County of'Hennepin, state of Minnesota, de- scribed on said "t'w "' 0M: together with all the Improve- ments now on or that may be placed hereafter on said land and all the rents, income and profits arising therefrom and for the use thereof, as well before as alter the maturity of the Note, whether maturity be by lapse of time or by detaults (ii) aleo,•specifically, but not by way of limitation, all gas and electric fixtures, wiring, all carpeting, all radia- mss, heaters, heat regulators, oil burners, stokers, air owditioning and heating apparatus, engines, and machinery, boilers, ranges, dishwashers, elevators and motors, sinks, Mater closets• basins•. pipes, faucets and other plumbing and "sting .fixtures', refrigerating plants and units, s are now . shl =" chattels and personal property eor ftsr be- attached to said Premises or improvements ,. by Nails. roswrs, bolts, pipe'aonn"Vic "► masonrys or in anY 7N ' (EXHIBIT B) �t. M y� i 1, w way urea vs - -- - - ai - - other wanner, all window screens, s o dishwashers, shades and awnings; all raightyrlSO)srefrigeratoas, eighty and disposals, including and (SO) electric ranges, eighty (SO) garbage dl be deemed to eighty (801' dishwashers, which are and shall M part Of the to the froeh be fixtures and accessions rties hereto and lall npeTso s claiminions, realty or between the Pa under.or through them (iei) accessor es,lrenewals,nreplace- increases, parts, fitting its to all and any wants, substitutes, betterments and repay with the non- of the foregoing; and (iv) also, parking on, over exclusive easement for ingress, egress and pa . • attach - and across the real property described in ,El(Mnijnid ed hereto and made a part hereof, said easement No. described in Quit Claim Deed filed as Document office of the County Recorder, Hennepin All of the foregoing items listed and oun y, nnesota. above shall be referred to at (i). (ii), (iii) and (ivfothe indebtedness deemed to be a portion of the security for Mortgage. herein mentioned and to be covered by The Premises and property herein mortgaged and describ- ed and referred to at `Mortgaged (iii) and (iv) above shall hereinafter be HOLD the Mortgaged Property together with TO AND appurtenances thereunto now or hereaf- the belonging Or innanywise appertaining unto the Mortgagee ter belonging and its successors , assigns forever. PROVIDED, NEVERTHELESS express condition that if the Mortgagor shall pay , that these presents are caysetO to be paid all the indebtedness hereby secured and shall stric- tly observe and perform all the terms, provisions and in any Not tions herein contaieda�s wecuritydfor thedNote, Or sxaeut- other instruments given ed by Mortgagor in connection with the Note, then this Mor - gage and the estate�trislinceaseeandtbefand becoweavoid and the Mortgaged property ' of no effect. THIS MORTGAGE FURTHER WITNESSETH AS FOLLOWS: ARTICLE I GENERAL COVENANT DS AN WARRANTIES SECTION 1.1 The•Mortgagor represents, warrants, coven - agrees that it is the lawful owner of the Mortgaged ants a Property, gree"it has good right and lawful authority to that mortgage and pledge the same as provided herein. SECTION 1.2 The Mortgagor covenants warrants � lid and are On- the p. so�ote, "ad "this Mortgage are force or" obligations of the Mortgagor in accordance with the terms thereof and hereof; and that this Mor Mortgage does - not, nor does the Note nor does the performance ante by,tthe Mortgagor of any of the utters or things in the Note or this Mortgage provided for, con theeMortgaSpr.enaut iA any indenture or agreement affecting ' gsCPIQN 1.3 'the Mortgagor will cause the Mortgaged !ropes y every Part tMreof to be maintained, preserved -s- �a'+w r 1� Py 9 r*� and kept in safe and good repair, working orders and condi- tion, Mill not commit or permit waste thereon, and will not remove, demolish or alter the design or structural character of any building now or hereafter erected upon the Premises without the prior written consent of Mortgagee, will cvomplets forthwith any improvements which may hereafter be under the course of construction upon the premises, and will comply with all laws and regulations of any governmental authority with reference to the Mortgaged Property and the manner of using or operating the same, and with all restrictive coven- ants, if any, affecting the title to the Mortgaged Property, or any thereof, and will from time to time make all necessary and proper repairs, renewals, replacements, additions, and betterments thereto, so that the value and the efficient use thereof shall be fully preserved and maintained and so that all laws and regulations as aforesaid shall be complied with. Mortgagor agrees not to remove from the Premises any of the fixtures included in the Mortgaged Property, unless immedi- ately replaced with like property of at least equal value. SECTION 1.4 The Mortgagor shall, before any penalty attac ea ereto, pay and discharge or cause to be paid and discharged all taxes, assessments, and governmental charges imposed upon or against the Mortgaged Property.or upon or against the Note and the indebtedness secured hereby or on or against the interest of the Mortgagee in the Mortgaged Property or in the Note or the debt secured hereby and will not suffer to exist any mechanics, st tatuut thereof. or other lion evi- on the Mortgaged Property or any p a dencing payment of such taxes, assessments and charges shall be furnished promptly to Mortgagee. In the event of passage after the date of this Mortgage of any law of the Minnesota deducting from the land for the purpo se of taxation any lien thereon or changing in any way the laws now in force for the taxation of mortgages, deeds of trust, or debts sec- ured thereby, for state or local purposes, or the manner of the operation of any such taxes so as to affect the interest of Mortgagee, then and in such event, Mortgagor shall bear and pay the full amount of such taxes, provided, that if for any reason payment by Mortgagor of any such new or fddition al taxes would be unlawful or if the payment would constitute usury or render the loan or indebtedness secured hereby wholly or partially usurious under any of the terms or provisions of the Note, or the within Mortgage, or other- wise, Mortgagee may, et its option, declare the whole pum secured by this Mortgage with interest thereon to be immedi- ately due and payable, or Mortgagee may, at its option, pay the ampunt or portion of such taxes as renders the loan or indebtedness secured hereby unlawful or usurious, in which event Mortgagor shall concurrently therewith pay the remain- ing lawful and�nonusurious portion or balance of said taxes. SECTION 1.5 The Mortgagor sha111 A. Keep the HortgAged Property insured against loss or damage by fire, windstorm, and extended coverage perils in such reasonable amounts as spay be required from time to time by Mortgagee. 8.' Keep the Mortgaged Property insured against war risks as and when such insurance is obtainable from the United such reasonable eamounta an MAY rfrom timectottiime bed required by Mortgagee. -3- i Y�. � <z. a r 1� ra .r. 4 h� i C. If facilities for the generation or the supply of steam are located in the Mortgaged Property, keep the Mortgaged Property insured against loss or damage by explosion, rupture or bursting of steam boilers, steam pipes, steam turbines, steam engines, other pressure vessels or fly wheels located on the Mortgaged Property without co- insurance clauses so long as reasonably available, in such amounts as may from time to time be required by Mortgagee. D. Eeep the Mortgaged property insured against such other casualties and contingencies as Mortgagee may from time to time require, if such insurance against such other casualties and contingencies is available, all in such manner and for such amounts as may be satis- factory to Mortgagee. All insurance provided for in this Section 1.5 shall be affected under a valid and enforceable policy or policies issued by insurers of recognised responsibility reasonably approved by the Mortgagee. All policies maintained by Mortgagor pursuant to the foregoing provisions of this Section 1.5 shall - provide that any losses payable thereunder shall (pursuant to the stand- ard Mortgage clauses to be attached to each such policy) be payable to the Mortgagee. The Mortgagor shall cause any and all such insurance policies or certificates to be deposited with the Mortgagee. Ten (10) days prior to the date that the premiums on each such policy shall become due and pay Mortgagee shall be furnished with proof reasonably satisfac- tory to it of such payment. Each of such policies or certi- ficates thereof shall contain an agreement by the insurer that the same shall not'be cancelled without at least ten (10) days prior notice to the Mortgagee. If the Mortgagee snarl by any manner acquire title to the mortgaged premises, it shall thereupon become the sole and absolute owner of all insurance policies held by, or required to.be delivered to the Mortgagee, with the sole right to collect and retain all unearned premiums thereon then the Mortgagor shall only be entitled to a ciedit in reduction of the then outstanding Indebtedness Secured Hereby in the amount of the short rate cancellation refund. All proceeds of insurance maintained pursuant to Subsections `A', '8`, "C` and 'D" hereof shall be paid to the Mortgagee-to be applied by the Mortgagee, at its option, either to reduce the principal amount of the indebtedness hereby secured in the inverse order in which paymestts are due and payable thereon or to restore or rebuild the improvements which are a part of the Mortgaged Property; provided, in the event of any damage or destruction, Mort- gagee shall make the insurance proceeds available for repair and restoration after deducting the cost of collection thereof, if any, provideds' , (a) The proceeds are deposited with the Mortgagee. (b) There is no default under ths•terms of the Vote and Mortgage. (c) The insurance carrier does not deny liability to a named insured. of)tbs costrofarestora furnished tion accompanied by an architeat's w .,J `,A" tN'';i,.. 1 R�5 ?tae s' r � ��,,. • -•_,.— _ Vy i ':•{ {'1 � 4 K� Y F y•tt�zc .� t #� `��K R' .w. 1 „� "R `k 'i?I+ - "" • err, ,.r'ffla #�]rh r, ' 1 1 n R certification as to such costs and appropriate plans and of the buildings and ' ' specifications for reconstruction improvements, all of which shall be subject to approval of the Mortgagee. The buildings and improvements so be at least equal value •. restored or rebuilt are to of substantially the same character as prior to damage y�. 1 and or destruction and proper for the purposes for which originally erected, and Mortgagor shall furn- they were ish Mortgagee with evidence satisfactory to Mortgagee /or reconstructed . that all improvements so restored and fully comply with all zoning and building • and their use laws, ordinances and regulations and with all other ap- laws and require- plicable federal, state and municipal ments. (e) If the estimated cost of.construction shall exceed furnish a ' the proceeds available, the Mortgagor shall bond of completion or such other evidence •� to the Mortgagee of the Mortgagor's Y to moot excess costs. • .i (f) Disbursement of the proceeds during the course of an architect's certification reconstruction shall be upon the cost of the work done and evidence that there ?' as to are no liens arising out of the reconstruction No pay - of work shall i �• meet made prior to the final completion exceed ninety (got) percent of the value of the work performed from time to time, and, at all times, the un- remaining in the • disbursed balance of said proceeds hands of the Mortgagee shall be at least sufficient to 1t �'�.. pay for the coat of completion of the work free.and clear of liens. i e (g) Pinal payment shall be upon an architect's certif- icate and certification by one of the Mortgagee's in with plans -:..: appraisers as to completion accordance and specifications. . Mortgagee is authorized, at itn option, to co6pronise Its the event and settle all loss claims on said policies. of foreclosure hereunder, the Mortgagee shall have the power to assign sueb-insurance.polieies to the purchaser. , SECTION 1.6 If the Mortgagor shall fail to comply with eress, covenants and conditions herein with respect any o, a to the procuring of insurance, the payment of taxes, assess- the keeping of the Mortgaged Property { • 1 rents and other charges, in repair, or any other term, covenants or conditions herein contained, the Mortgagee may make advances to perform sans the Mortgaged Property for the and, where necessary, enter of performing any such, terms, covenant or condition. de- purpose The Mortgagor agrees to repay all sung so advanced upon advances are made, mand, with interest from the dates such determined on the same basis as in the Note, as if advanced under the Mote, and all sums so advanced with interest, shall in priority to the indebtedness evidenced be secured•hereby by the Dote, but no such ef advance shall be dean" to relieve the Mortgagor frcn any 92MON 1.7 Mortgagor further covenants and agreess • �• That Mortgagor will not execute a Mortgage or cre- at* or o y g the Mortgaged Propert ' agy sosistir l J owes affecting `��K R' .w. 1 „� "R `k 'i?I+ - "" • err, ,.r'ffla #�]rh r, ' 1 1 f i 4MLh Y .i� y� 1, oil 6 OLIN B. That if any part of the automobile parking areas included within said Mortgaged Property is taken by condemnation or before said areas are otherwise reduced, the Mortgagor will provide parking facilities in kind, size and location to comply with minimum parking require - ments required by the City of Edina for the use of the Mortgaged Property as a rental apartment complex. C. It will not expand or extend the improvements that - are located on the Mortgaged Property, except with the written consent of the-mortgagee not to be unreasonably withheld. D. It will not construct, restore, add to, or alter any building or other improvement on the Mortgaged Pro- perty or any extension thereof, nor consent to or permit any such construction, restoration, addition or altera- tion without mortgagee's written consent not to be un- reasonably withheld, and even in the latter event, to obtain the mortgagee's prior written approval of such construction, restoration, addition or alteration or of the form and substance of any consent it proposes to give. SECTION 1.8 That with the monthly payment of principal and interest Mortgagor will pay to Mortgagee a pro rata por- tion of the taxes and assessments next to become due, and of the insurance premiums next to become due, as estimated by Mortgagee, so that Mortgagee will have sufficient funds on hand to pay said taxes and assessments thirty (30) days be- fore the delinquency date thereof, and to pay tte insurance premiums when they became due. Any deficit shall immediately be paid to Mortgagee by Mortgagor. Moneys so held shall not bear interest, and upon default, may be applied by Mortgagee on account of the Mortgage indebtedness. it shall be the responsibility of Mortgagor to furnish Mortgagee with bills in sufficient time to pay the taxes and assessments before penalty attaches and the insurance premiums before the poli- cies lapse. s -6- ARTICLE II •TAKING OF PROPERTY SECTION 2.1 If the'Mortgaged Property, or any pdrt thereo a coned under any.power of eminent domain or acquired for any public use or quasi public use, the damages, procedds and consideration of such acquisition to the extent of the full amount of indebtedness upon this Mortgage and the obligation secured hereby remaining unpaid, are hereby to be assigned by Mortgagor to Mortgagee, its successors and its assigns. The Mortgagee hereunder is authorized, at its op- consideration tion, to compromise and settle all.awards or of property so taken. In all cases of the condemnation or taking by competent public authority for public use of purp- ose, the award after deducting the cost of collection shall be subject to the rights of Mortgagee, whoreductts option, may apply all or any part principal amount of the indebtedrftss on account of the last maturing installments or disbursed toward the payment of the cost of restoration. Under no circumstances shall Mortgagee become personally liable for the fulfillment of the terms, covenants and conditions contained in any of the said leases of the said Premises nor obligated to take any action to restore.. the said improvew-Its. s -6- Jy___ 1• `f Y� I am kh, ARTICLE III DEFAULT AND REMEDIES THEREFOR SECTION 3.1 If any one of more of the following events (herein caMT'wevent of default ") shall occurs A. Default in any payment of money required to be made upon the Note, or in any payment of money to be made under this Mortgage. The word "money", as used under Section 3.1(a) shall specifically include but not be limited to principal and interest due under the Note and Mortgages S. The Mortgagor becomes bankrupt under any applicable bankruptcy law or laws or admits, in writing, its inab- ility to pay its debts as they mature or makes an assignment for the benefit of cre4itors or applies for, or consents to, the appointment of a trustee or receiv- er for the major part of its property; C. A trustee or receiver is appointed for the Mortgagor or for the major part of its property and root discharg- ed within sixty (60) days after such appointments D. Failure of Mortgagor to comply with any of the terms, covenants and conditions of this Mortgage, or of the Note, or of any other instrumrrt given as secur- ity for the Note or executed by Mortgagor in connection with the Note, not hereinbefore specifically enumerated in Section 3.1(a), (b) and (c); then, in any such case, the Mortgage:: may declare the princ- ipal of and the accrued interest on the Note and including. all sums advanced hereunder with interest to be forthwith due and payable, and thereupon the Note, including both the principal and all interest accrued thereon, and including all sums advanced hereunder and interest thereon, shall be and become im-cdiately due and payable without presentment, demand or further notice of any kind. SECTION 3.2 In the event of the happening of any event of default as ereinabove described entitling the holdpr of the Note to accelerate the maturity thereof, or in case the principal of the Note shall have become due and payable, whether by lapse of time or by acceleration, then and in every such case the NQrtgagor confers upon the Mortgagee + the authority and power to proceed to protect and enforce its rights by a•suit•or suits in equity or at law, either for the specific performance of any covenant or agreement contained herein or in the Note, or in aid of foreclosure of this Mortgage, or for the enforcement of any other appro- priate legal or equitable remedy and, in addition, Mortgagor hereby authorizes and empowers the Mortgagee to sell the Mortgaged Property as one (1) tract or otherwise at public auction and convey the same to the purchiisir in fee simple agreeable to the-statute in such case made and provided. Fdrtherq• Ndrtgagee "shall be entitled.as a matter of right without notice and without giving bond and without regard to the solvency or insolvency of the Mortgagor, or waste of . the Premises or adequacy of the security of-the Premises, to apply for the appointment of a receiver in accordance with the statute4 and.law made and provided for who shrill oollect the rents, and all acher income of any kind; manage t2a Premises so to pa"O nt waste; execute leases within or -7- - mawTi 'PR i w, Y u•. ��R�, ����lyy.: �.:rtilh*.. . 1 �. • a all expenses for not- beyond the period of receivership, P yps rform the terms of nal maintenance of the premises and and apply the rents, issues and profits in fees this Mortgage the following order to (i) payment of the reasonable of tenant security depos- !M of said receiver, (ii) application required by Minn. Stats. fSO4•�O• (iii) the payment or special {.� its as taxes when due of prior or current real estate iredd y premises or if requ y ' assessments with respect to.the assessments payment of the periodic escrow for Payment this (iv) the payment �► of the taxes or special assessments. this insurance of the type required by !rj due of premiums for Mortgage or if required by this Mortgage, payment of the (v) keeping nt of the premiums, periodic escrow for the payee pursuant lessor or licensor p iof the covenants required of a S504.18(Subd. 1), and (vi) as furthosr provided i to Minn. Stets. Assignment of Rents executed by the Mortgag in any hereby (whether thew security for the indebtedness secured or separate inthe�sts,ain included in this Mortgage the but not limited to applying the same attorney's expenses of the receivership, including reasonable to the repayment of the indebtedness secured Of r fees, upkeep and and to the operation, maienanc taxes pone the Premises and the Premises, including payment payments of premiums of insurance on the Promises- Mortgago appointment. does hereby irrevocably consent to such SECTION 3.3 In case of any sale of the Mortgaged Prop of any court or at arty pursuant to any judgment nt or decree in connection with public auction or otherwise he NOrtga9sercits ment of any of the terms of this Nortga� chaser, and for the become -the p successors or assigns, may urchase of making settlement for or payment of the p Note and purpose price, shall be entitled to deliver oveaid thereon,etogether unpaid w• any claims for sums, withcinteresta and unpaid as paid on with all other sums, the hereunder, in order that there may be credited then due under the Note including purchase price the sum wiinre and interest tiedre reads =ll other sums, principal Brest, advanced and unpa ( . � Subject to the limitations of personal SECTION 3.4 Subj r or, hereof, each and every.pows .' liability n ection 5.6 ecifically given shall be in addition to sp or remedy herein every other power or remedy. existing, or implied, now in equity and each hereafter given or existing at law or herein specifically given or • and every or given may be exercised from time 80 existing r and remedy otherwise so may be deemed expedient to time as often and in.auch order as the holder of'the Note an the exercise by Mortgagee or the beginning of the exercise of one power waiver of t he jigphht to exercise at not be deemed to be a ter.any other the same tins or thereafter Y or omission th na�shallhimpaircany such delay right or paws rui geb be construed to be a waiver Of may right or power or shall default or acquiescence therein. money proceeds and avails of S=714 li 3.5 The purchase any 1 e, pursuant to this Article III, Of andtavails property or any part thereof, be paid and applied as follows: of any remedy hereunder, the payment of the.costs and expenses of (a) rirst to foreclosure 04 of such sale and of all proper expenses -a- ��R�, ����lyy.: �.:rtilh*.. . 1 �. ssse r S 3 � ip r 6 y" �•2 y A • M ti n (including maximum attorneys' fees permitted by law), liability and advances incurred or made hereunder by the Mortgagee, and of all taxes, assessments or liens superior to the lien of these presents. (b) Second to the payment to Mortgagee of the amount then oaring or unpaid under the Note and this Mortgage for principal and interest and in case any such proceeds shall be insufficient to pay the whole amount so due, then first to the payment of such interest and than to the payment of such principal. (c) Third to the payment to Mortgagor, its successors and assigns, or to whomsoever may be lawfully entitled to receive the same. SECTION 3.6 Mortgagor will, at its cost and expense, perform an discharge, or cause to be performed and discharged, all of the obligations and undertaking of Mortgagor or its agents under any leases or use agreements of the Mortgaged Property (leases) and will use its best efforts to enforce or secure, or cause to be.enforced or secured, the perform- ance of each and every obligation and undertaking of the re- spective tenants under such leases and will appear in and defend, at its cost and expense, any action or proceeding arising under or in any manner connected with said leases or the obligations and undertakings of any tenant thereunder. The Mortgagor shall not assign or otherwise encumber future rental payments under the leases.-The assignment of lessor's interest in leases and the Assignment of Rents, both of even date herewith, given as additional security shall not be deemed or construed to constitute Mortgagee as a Mortgagee - In- Possession of the Mortgaged Property nor to obligate the Mortgagee to take any action or to incur expenses or perform or discharge any obligation, duty or liability. unless and until an event of default occurs, the Mortgagor shall be en- titled to collect the rents, income.and profits as and when they become due and payable, Mortgagor hereby agrees that the respective tenants of the Mortgaged Property, -upon not- ice from Mortgagee of the occurrence of an event of default, shall thereafter pay to the Mortgagee the rents due and Eo became due under the leases without any obligation to deter- mine whether or not such-an event of default does in tact exist. 'For the purposes aforesaid, the Mortgagee is hereby constituted and appointed attorney in fact, irrevocably on behalf of said Mortgagor, to receive, collect, and receipt for such rents, to be-used to-make the payments, paying overplus, if any there be, to said Mortgagor. The appoint- sent, if necessary, of a receiver at' any time before redemp- tion shall expire to collect and apply such rents, as afore- said, is hereby consented to and authorised. sr=ION 3.7 In case the Mortgagee shall have proceeded to en orce any right under this Mortgage by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then, and In every such case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property sub- ject to the lien hereof. 82MICU 3.8 In the event this Mortgage is foreclosed, Mortgagor berebr waivto and re],Dases any right to have the proposly marshalled. -9- !: ilkr .d Y 5c. r' � ►0 t � �I AL CODE uHlrow�� l This Mortgage X11 constitute a security SECTION 4. roial Code ("Code') aQseasn as a ined in the Uniform Cowmea security interest and Mortgagor hereby grants to Mortgagee, of on the within the meaning of the Code in favor °rofitsq("Collatsral') personal property and rents. l =tse(herein sometimes the comprising the Mortgaged Property SECTION 4.T As to those items of Collafixturessrelated in th s rtgage that are, or are to b0cOms intended as to to the real estate mortgaged gerei: BB EFFECTS AS A rINANC- those items that THIS MDRTG� where the ING STATEN OT FILED AS A rixTUgE PILING from the date of its filing in thesituat0. Thernamedof thehrecord townsr of said Premises are set forth in Page One to this real estate is the mortgagor the security interest creat- real Mortgage Information concerning ed by this instrument may be obtained from the Mortgagee, as secured party, at its address as set foraho =n asgdebtor,f is this mortgage. The address of the mortgagor* This document as set forth in Pa9a1enortarehto beCOme9fixtures. covers gods SECTION 4.3 (a) Mortgagor is and will a the true and er o the Collateral mentioned in any financing lavfu own ect no liens, charges, security interest statement, subj and encumbrances other thaeesh(bji n heCollateraliisstorbe roof and I ously disclosed to Mortq q for business purposes being in- used by the Mortgagor solely oe s own use or as the stalled upon the Premises for leased or by Mortgagor, equipmOnt and furnishing as landlord, to tenants of the Pre=iaaftin theupremisestandl will be kept at the buildings wit but will not will not be rre v betherefrom to :uchtbuildingsb t of the Mortgagee t Y other real estates (d) unless s inter be affixed to a Mortgage the only persons having_ an'Y and ;w in the co this al ar in the Collateral are the mortgagor such property and any financing statement covering any such office except pursuant Pro- coeds thereof is on file in any public hereto;. (e) see femeda the hereunder are mosecO ulative and ro the remeCs provided hallanotfbe construed asdar waiver Uoffany of the mercidl including having such Collat- other rights of the Mortgagee-, u n Any foreclosure thereof; oral deemed past of .the realty Po (f) if notice to any Party of the .intended disposition of the Collateral is required by law in a particular instance, such notice shall be deemed commercially reasonable if given at least ten (10) days prior to such intended disposition for may be given by 'advertidement .in a newspaper part of a notice legal publications either separately or uaY be given by Pri- given to foreclose the real asepknoywn to the Mortgagee; (9) vat* notice if such Pa time provide the Mortgagee �_ Mortgagor 'will from time to request with it*sisations of all such statlemeAt Pursuant to missal (h) the filing Of ths •stated intentionnOftixtnr*s the pods shall never impair sonal property Mortgage that all equipsient, Per at all times and for all oompri"ng the Dollat: sding�� bosh legal or equitable apps and in all p . -10•- ,M � 1 shall be regarded as part of the real property mortgaged r hereunder irrespective of whether such item is physically attached to the real property or any such item is referred to or reflected in a financing statements (iM the Mortgagor will on demand deliver all financing statements that may from time to time be required by Mortgagee to establish and perfect the priority of Mortgagee's security interest in ,t such Collateral= and (j) Mortgagor shall give advance writ- ton notice of any proposed change in the Mortgagor's name, ►0 identity or structure and will execute and deliver to the tw Mortgagee prior to or concurrently with such change, all ad- ditional financing statements that Mortgagee may require to establish and perfect the priority of Mortgagee's security interest. ARTICLE V MI C3�E'IdEOUS SECTION 5.1 Whenever any of the parties hereto is re- farra to, suc reference shall be deemed to include the r successors and assigns of such party: and all the covenants, promises and agreements by or on behalf of the Mortgagor in lthis Mortgage contained shall bind the Mortgagor and also its successors and assigns and shall inure to the benefit 1, of the Mortgagee and its successors and assigns, whether so " expressed or not. SECTION.5.2 The unenforceability or invalidity of any provision or provisions of this Mortgage as to any persons ``. or circumstances shall not render this provision or those provisions unenforceable or invalid as to any other person or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. . , SECTION 5.3 All notices provided for herein shall be in ar t ng an shall be deemed to have been given (unless « otherwise required by the specific provisions hereof in re- spect to any mutter) when delivered personally or deposited in the United States mail, registered, postage prepaid, and addressed as follows: , ' If to Mortgagor at: Interlachen Hills; Inc. 5101 Lincoln Drive Edina, Minnesota 55435 , If to Mortgagee at: New York Life Insurance Company 51 Madison Avenue New York, New York 10010 M` Either party and any subsequent holder of the Mortgage and of the Note may change the address to which notices are to be sent by giving the other- party written notice thereof in the manner above provided. SECTION 5.4 Mortgagee shall have access to and the right o inspect the Mortgaged Property at all reasonable times. SECTION 5.5 If any claims be made by any person, and in connection arewith it becomes necessary, in the reason- able opinion of the Mortgagee, to defend or uphold the lien of this Mortgage, or to protect the Mortgaged Property or any part thereof, all reasonable sums paid by the Mortgagee to establish or Aeferid the rights and liens of this Mortgage -11- y.h R k t. i I , t! 1 0 .ate. or to protect the Mortgaged Property or any part thereof (including reasonable attorneys' fees and costs and allow- ances), and whether or not any action or proceeding exists or be brought, shall be paid, to Mortgagee by the Mortgagor together with interest from the dates such advances are made, N determined on the sass basis as in the Note, and any such sum or sums and the interest thereon shall be secured hereby in priority to the indebtedness evidenced by the Note• I �.� SECTION S.6 It is underatemA and agreed that Mortgagor for the Indebtedness Seamed . A shall no Srpersonally liable this limitation of liability shall not • ��►. Hereby provided, prejudice the right of Mortgagee to enforce the lien of for the payment this Mortgage or any other security given right to of indebtedness foreclosureeot�thislMortgaq� SECTION 5.7 Mortgagor covenants and agrees to keep and Cee and accurate books and records of earnings mainta n comp and expenses of the Mortgaged property, and without expense one hundred to Mortgagee to deliver to Mortgagee, within (120) days after the close of each fiscal ye • twenty annual audit of the operation of the Premises.showinq in received from, and ►, reasonable detail the rents and profits disbursements made in connection with the Premises, together with annual balance sheets and profit and loss statemsnts public accountant, and such interim prepared by a certified balance sheets and profit and loss statements as may be Mortgagee will be permitted to required by the Mortgagee. examine such books and records and all supporting vouchers 4 and data at a place within the State of Minnesota. SECTION 5.8 Mortgagor.covenants and agrees that in the o wnersfiip. operation, and management of the Mortgaged Property, Mortgagor will observe and comply with all appli- local statutes, ordinances, regula- ' cable federal, state and tions, orders and restrictions, including without limitation, all soninq, building statutes, protection equal employment opportunity orders, regulations and restrictions. w SECTION 5.9 Mortgagor covenants and agrees to notify any Mortgagee, within fifteen (15) days after such event, Of ocaugs by loss or damage to the Mortgaged Property, which reason of fire, windstorm or other casualty in excess of $1,000.00. •SECTION 5.10 Should the Mortgaged Property at any time Mortgage or Deed of be or-6e`coms•su ect to the lien of any with which payments on account of the Trust in connection Indebtedness Secured Hereby are to be made directly or indi- rectly by or through the Mortgagee ti Indebtedness regardless of whether or not•paymin . secured Hereby -is assumed by such Mortgagee or beneficiary, or abould the legal title to the Mortgaged Property or the be conveyed to or becoM vested beneficial ownership thereof s sore than tour (4) persons, the whole of the principal It eat sd intere other gums jwr*W secured ion N ms due and payable- of the Nortgag hal sdiate yboo �i 1�• • a �a IN WITNESS NHERWP, Mortgagor has cawed this instrument as of the day and year first above written. }' to be duly executed • INTERI.ACHEN HILLS, INC. By t Its: President Q SEAS- ; ill I s •i � au ar t A III STATE OP MINNESOTA) ) SS COUNTY OP HENNEPIN) The foreg ng instrument was acknowledged before see this L /sT day of �Ja W-t , 1978, by WALLACE KENNETH. the . Tr"e'"sTdent, of HEN , INC., a Minnesota Corporation, on behalf of the corporation. NORMAN M. JOMNlON NOTARY PtJBi1C • MINNFSOTA DAKOTA COUNTY w a..wN tow. wo. t Iwo Tax statements for the real property.described in this �instrument should be• sent rstJon T hsrson d to: Donets Peld •The Towle Coa►pany . 600 Second Avenue South. Minneapolis, Minnesota 55402 i I • i i THIS DOCUHXVT MO DRATTED BYs JOaMaOM, TilOIN:SO11, KIJIVERKAi� II 4444 I.O.S• Center t0 South sighth street Ni�eepalie• S5402 f I i. � ' J EXHIBIT "A" LEGAL DESCRIPTION MI--,, i Tr, *erlaeh &n Hills, exceetinq therefrom all Jerome P. Begin Contracting Co. (Minnesota Corporation) 200. vs. Wallace B. Kenneth and Jean M. Kenneth, husband and wife Item: November 18, 1983. Affidavit of dated January 31, 1984, attached. Jerome P. Begin Contracting Company, a Minnesota corporation, Plaintiff 201. vs. Wallace B. Kenneth, individually, and d /b /a Edina Chateau and Kenneth Development, and Jean M. Kenneth and John Doe and Mary Roe, Defendants Office, in the amount of Interlachen Hills, Third Minnesota." Mechanic's Lien Dated January 31, 1984 Recorded January 31, 1984 #4864227 Claim $40,368.00 "Lot 1 and Lot 2, Block 2, Interlachen Hills, Third Addition." Date of Last Service by Certified Mail Lis Pendens File No. 84 4971 Dated March 28, 1984 Recorded March 28, 1984 #4878165 The object of said action is: To foreclose upon a Mechanic's Lien for excavation, grading, and filling services performed by Plaintiff. Said Mechanic's Lien filed as Document No. 4864227, January 31, 1984, Hennepin County Recorder's $40,368.00. "Lot 1 and Lot 2, Block 2, Addition, County of Hennepin, State of 202. Taxes for 1983 and Prior Years Paid. Taxes for 1984 Not Paid. Assessed in Kenneth as Non - Homesteads. (Edina #24). 203. Certifications cover records, within the last ten years, as to Federal Internal Revenue Lien Notices, Minnesota State Tax Lien Notices and Inheritance Tax Lien Notices in the office of the County Recorder, and Probate or Incompetency proceedings in the Indexes to Estates of Deceased Persons and Wards in the Office of the Clerk of Probate Court. 204. For Judgment and Bankruptcy Search see Certificate attached. TIM 8 rev. 3/81 .4 A a 942613 No. Verified by. CERTIFICATE ON JUDGMENT LIEN AND BANKRUPTCY DOCKETS THE COMPANY HEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in the following named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota, United States District Court, District of Minnesota, Fourth Division, and finds no bankruptcy proceedings and no unsatisfied judgments appearing therein against the names hereon between the dates set opposite the respective names, except as shown hereon. (Note: Where any name appears hereon with a middle initial, no search is made as to any names having middle initials different from that shown hereon.) NAMES Wallace B. Kenneth Dated at Minneapolis, this 2nd DA TES July 27, 1977 April 2, 1984,7AM day of—Apr i 1 is 84 TITLE INSURANCE COMPANY OF MINNESOTA Asst. Secretary No._ 768271 Verified b CERTIFICATE ON JUDGMENT LIEN, FEDERAL TAX LIEN. AND BANKRUPT DOCKETS THE COMPANY HEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in the following named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota, United States District Court, District of Minnesota, Fourth Division, and finds no bankruptcy proceedings and no unsatisfied judgments and no undischarged notices of Internal Revenue Tax Liens appearing therein against the names hereon between the dates set opposite the respective names, except as shown hereon. . THE COMPANY FURTHER CERTIFIES that it has made a search of the Federal Tax Lien Docket in the United States District Court, District of Minnesota, Third Division, and finds no undischarged notices of Internal Revenue Tax Liens against the names hereon, between the dates set opposite the respective names, except as shown hereon. (Note: Where any name appears hereon with a middle initial, no search is made as to any names having middle initials different from that shown hereon.) NAMES DATES Wallace B. Kenneth I July 27, 1967 1 July 28, 1977, 7M Dated at Minneapolis, this 2 8th day of JU 1x 19 77 TITLE INSURANCE COMPANY OF MINNESOTA Form Ho 8 Ry�— __ r ' Asst.