Parcel E: 49.1 Acres

DOC # 1148051 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded August 29, 2014 8:30 AM FORM 04 PAGE 01 (Rev. 04/20/2010) UNITED STATES DEPARTMENT OF INTERIOR U.S. FISH AND WILDLIFE SERVICE GRANT OF EASEMENT FOR WILDLIFE HABITAT PROTECTION THIS INDENTURE, by and between Arland O. Anderson and Rebecca L. Anderson, husband and wife, hereinafter referred to as Grantors and the UNITED STATES OF AMERICA, hereinafter referred to as United States, acting by and through the Secretary of the Interior or his authorized representative. WITNESSETH: WHEREAS, the Migratory Bird Hunting and Conservation Stamp Act, 16 U.S.C. 718d; the Fish and Wildlife Act of 1956, the Emergency Wetland Resources Act of 1986, the Endangered Species Act of 1973, and the Land and Water Conservation Fund Act, authorize the Secretary of the Interior to acquire lands or waters or interests therein for the development, advancement, management, conservation and protection of fish and wildlife resources. The purpose of this easement is to provide and protect quality habitat on the lands and wetlands described herein and such lands and wetlands shall be maintained and improved to provide cover and food for a varied array of aquatic, terrestrial, and avian wildlife, particularly migratory birds, and threatened and endangered species, and WHEREAS, the lands and wetlands described contain existing or potential habitat suitable for use for wildlife management purposes. FORM 04 PAGE 02 (Rev. 04/2010) NOW, THEREFORE, the Grantors hereby grant to the United States, commencing with the acceptance of this indenture by the Secretary of the Interior or his authorized representative, an easement which includes a right of use for the maintenance of the lands, as wildlife management area, in perpetuity, including the right of ingress to and egress on, over, across and through any and all lands of the Grantors, as described below, by authorized representatives of the United States. No rights herein are granted to the general public for access to or entry upon the land subject to this grant of easement for any purpose. The lands are located within, and the aforementioned right of ingress and egress extends on, over, across and through any and all lands within the following described legal subdivision(s) in Otter Tail County and Clay County, State of Minnesota, to-wit: See attached Exhibit “A” SUBJECT, however, to all valid existing rights-of-way for highways, roads, railroads, pipelines, canals, laterals, electrical transmission lines, cable lines, and all mineral rights. No rights herein are granted to the general public for access to or entry upon the land subject to this grant of easement for any purpose. The Grantors, for themselves, and for their heirs, successors, and assigns, lessees, and any other person claiming under them, covenant and agree that they will cooperate in the maintenance and protection of the aforesaid lands and wetlands for the protection and management of fish and wildlife resources and to maintain the quality of these lands and wetlands to provide cover and food for a varied array of aquatic, terrestrial, and avian wildlife, particularly migratory birds, and threatened and endangered species. To that end and for the purpose of accomplishing the intent on this Indenture, the Grantors, for themselves , and for their heirs, successors, and assigns, lessees, and any other person claiming under them, covenant and agree as follows: 1. Grantors will not perform, cause to be performed or permit the following activities upon the easement area: haying, mowing or seed harvesting for any reason; altering of grassland, woodland, wildlife habitat or other natural features by digging, plowing, disking, cutting or otherwise destroying the vegetative cover; dumping refuse, wastes, sewage or other debris; burning,; draining, dredging, channeling, filling, leveling, pumping, diking, impounding or related activities; altering or tampering with water control structures or devices; diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means including ditching or the construction of wells; building or placing buildings or structures on the easement area; and producing agricultural crops, unless prior approval in writing is granted by the U.S. Fish and Wildlife Service; except that grazing the aforesaid lands is permitted at anytime throughout the calendar year. FORM 04 PAGE 03 (Rev. 04/2010) 2. Grantors will pay all taxes and assessments, if any, which may be levied against the land. 3. Grantors will be responsible for noxious weed control and emergency control of pests to protect the public good subject to Federal and State Statutes and Regulations. Methods used to control noxious weeds and pests must be approved in writing by the U.S. Fish and Wildlife Service prior to implementation by the Grantors. However, mowing or haying noxious weeds is prohibited until after July 15 in any calendar year in accordance with the easement terms stated above. 4. The United States and its authorized representatives shall have the right to restore and/or maintain grasslands and wetlands on the easement area. It is understood that this easement and the covenants and agreements contained herein shall run with the land and shall be binding on all persons and entities who shall come into ownership or possession of the lands and wetlands subject to this easement. The Grantor, successors and assigns shall notify the Regional Director, U.S. Fish and Wildlife Service in writing of any sale or transfer within 30 days following the sale or transfer of any portion of the lands and wetlands subject to this easement. It is further understood that the rights and interests granted to the UNITED STATES OF AMERICA herein shall become part of the National Wildlife Refuge System and shall be administered by the United States Fish and Wildlife Service, pursuant to the National Wildlife Refuge Systems Administration Act, 16. SPECIAL PROVISIONS 1. This Indenture shall not be binding upon the UNITED STATES OF AMERICA until accepted on behalf of the United States by the Secretary of the Interior or his authorized representative, although this Indenture is acknowledged by the Grantors to be presently binding upon them and to remain so until the expiration of said period of acceptance. 2. Notice of acceptance of this Indenture shall be given the Grantors by certified mail addressed to: Mr. Arland O. Anderson at 45879 County Highway 21, Barnesville, Mn 56514, and shall be effective upon the date of mailing and such notice shall be binding upon all Grantors without sending a separate notice to each. 3. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit to arise thereupon. Nothing however, herein contained shall be construed to extend to any incorporated company, where such contract is made for the general benefit of incorporation or company. FORM 04 PAGE 04 (Rev. 04/2010) 4. Payment of the consideration shall be made electronically by automated clearing house after acceptance of this Indenture by the Secretary of the Interior of his authorized representative and after the Attorney General, or in appropriate cases, the Solicitor of the Department of the Interior shall have approved the easement interest thus vested in the United States. Special Terms ONLINE REAL ESTATE AUCTION TERMS Bidder Registration: Although there is no obligation to bid, all prospective buyers MUST register to bid at www.seifertrealty.com For assistance in registering call 877-505-7770. Participation Requirements: Valid Credit Card required for bidding approval Payment Options: This is a cash sale with no contingencies offered Payment Options: Check, Money Order, and Wire Transfer, Currency Type: USD Payment Instructions: DOWN PAYMENT: $7,500 non-refundable earnest money down on purchase agreement per parcel, immediately following the close of the auction on June 27, 2016. If you intend to purchase more than one parcel: Earnest money of $7,500 is required for each parcel. The balance in full is due on or before approximately 30 days of the date of closing and possession. Buyers wishing to close earlier will be accommodated. All buyers will be asked to enter into a Standard Minnesota Purchase agreement with an As Is Addendum. Including but not limited to, known or unknown septic systems, wells, buildings, acreage, debris or land conditions. Buyer to have financing arrangements made prior to the auction with no contingencies of any kind accepted. The property will be sold by the acre, based on the surveyed acres more or less computed on the number of acres per parcel, times the bid amount. PROPERTY PREVIEW. Preview of the property is essential prior to Auction . Buyers should satisfy themselves as to any property inspections prior to bidding on the property. Property is available for your walking inspection at any daylight time prior to auction. Contact Loren Seifert at 218-841-4605 with questions. TITLE: The property will be sold free and clear from any and all liens and encumbrances, but subject to any easements, restrictions, zoning, environmental, or other municipal, federal and state laws, right of way or other matters of record. The Seller will provide the Buyer with updated abstracts for the property. TAXES in 2016 will be paid by the sellers, due to the split of the property. The Highway front boundary corners will be staked and flagged. Special Terms (Please view complete listing for auction terms specific to this property.) 1.) Each property is offered under the specific terms and conditions provided in the printed and electronic versions of the auction brochure. Please read and review the brochure thoroughly prior to bidding on any property. The purchase contract includes the brochure language and adopts the Terms and Conditions. If you have not read and reviewed the auction brochure or do not completely accept the terms and conditions-Do Not Bid. 2.) Terms: Non Refundable earnest money in the form of a certified check, cash or wire transfer within 24 hours of the close of auction, with the balance of purchase price due at closing. Purchaser shall be responsible for all wire transfer fees. Closing will be on or before July 29, 2016. All online only auctions are in cash sale unless otherwise specified and are not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by bidders registration prior to bidding and specified in the auction brochure. 3.) Auction End Times: Seifert Realty & Auction Co., Online Only Auctions are timed events and all bidding will close at a specified time and also will have an auto extend feature. Any bid placed in the final minutes of an auction will cause the auction ending to be automatically extended from the time the bid was placed. Example: if an auction scheduled to close at 6:00 receives a bid at 5:59, and the extended bidding time for that auction is 2 minutes, the close time will automatically extend to 6:01. The auto extends feature remains active until no further bids are received within the specified time frame. Auction company employees and/or Auction Company may bid on auction items. 4) Sold to Highest Bidder Unless Seller’s Reserve is not met. In this case the bid price is subject to the seller’s confirmation. In some cases, the auctioneer may bid on behalf of the seller to protect the reserve. 5.) Acceptance of Bid Prices: Successful bidder(s) will be required to enter into a purchase agreement immediately following the close of the auction. Seifert Auctioneers will make arrangements to immediately meet with the successful bidder or e-mail documents to be executed and e-mailed back to Seifert Realty & Auction Co. within 24 hours of the end of the auction. Bidder(s) will also sign an Agency disclosure and appropriate addendums. Successful bidders not executing and returning contracts with earnest money deposit within 24 hours will be considered in default. Any and all inspections that a buyer may want must be done at buyer’s expense prior to auction. 6.) Agency: Representatives of Seifert Realty & Auction Co. Inc. are licensed real estate agents within Minnesota and represent the seller in these real estate transactions. 7.) Bidder Verification: All bidders must provide their full name, address and daytime/evening phone and cell phone numbers. Seifert Auctioneers reserves the right to deny registration. The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Seifert Auctioneers will reject the registration, and bidding activity will be terminated. The Seller and Selling agents and Auction Company reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. 8.) Property Offerings: Seifert Auctioneers, according to its discretion, may offer property by the piece, acre, unit or by the lot. The seller, with the consent of Seifert Auctioneers, has the right to remove a property from the auction before bidding is completed. 9.) Auction Participation and Compliance with Terms: By participating in an auction, bidders represent, irrefutably warrant and covenant that: - They shall not misrepresent their ability to close the transaction pursuant to the terms and conditions of the auction. They have the capacity to close the transaction and that any bid they make on the item constitutes an irrevocable offer to buy the item for the full amount of the bid. They have the legal authority to enter into an agreement to purchase the item. They shall forfeit all deposits or otherwise pay as liquidation damages all monies paid if payment is not made in full by the time specified. 10.) Auction Participation and Bidding Errors: Immediate notification is required if a mistake is made in bidding. Bidders may still be held responsible for the bid. 11.) NEW DATA, CORRECTIONS, AND CHANGES: Please log in prior to scheduled bid closing time to inspect any changes, corrections, or additions to the property information. 12.) Disclaimer & Absence of Warranties: All information contained in the auction brochure and all related materials are subject to the terms and conditions outlined in the Purchase Agreement. The property is being sold on an ‘AS IS, WHERE IS’ BASIS, and no warranty or representation either expressed or implied, concerning the property is made by the Seller, Sellers Agent or the Auction Company. All sketches and dimensions in the brochure are approximate. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained in the brochure is subject verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller, Sellers Agent or the Auction Company. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. All decisions of the Auction Company are final. By bidding on the property at auction, buyer agrees to all terms and conditions set forth here and in the auction brochure, as well as those set at beginning of the auction. 13.) Each buyer is responsible to conduct their own due diligence on the property before bidding. 14.) Acknowledgment of Dangerous Auction Site: Potential bidders when inspecting and high bidders/purchasers or their agents acknowledge that an auction site is a potentially dangerous place. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. High bidders will so advise their agents and employees. This acknowledged risk extends into all activities involved in the inspection of the subject property and preparation of the property for closing. Persons attending the auction site during preview, sale or inspection assume all risks of injury damage or loss of property and specifically release Seifert Realty & Auction Co. Inc., the seller and their agents from liability. 15.) Malfunction, Shutdown, and Loss of Service: The results of the auction may be rendered void if malfunction, shutdown, or temporary loss of service occurs. In such an event, Seifert Auctioneers reserves the right to remedy the situation in whichever way best represents the seller, including the cancellation of existing bids. Seifert Auctioneers shall not be held liable in any way for any malfunctions, shutdowns, or loss of service. Bidder acknowledges and understands that this service may or may not function correctly at the close of the auction. Under no circumstances shall Bidder have any kind of claim against Seifert Auctioneers or anyone else if the internet service fails to work correctly during the close of the auction. Seifert Auctioneers will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the maximum bidding feature and leave their maximum bid 24 hours before the close of the auction. 16.) Seller’s Estate and Auctioneers Disclaimer: All announcements and updates made by the auction company on the website shall take precedence over any previously written material or oral statements made. The information contained in the brochure, agreement & website is subject to verification by all parties relying on it, no guarantee, expressed or implied, is given. No liability for its accuracy, error or omissions is assumed by the owners estate or the agents. There are no guarantees expressed or implied. All property is sold “AS IS”, and ALL SALES ARE FINAL. Seifert Realty & Auction Co. Inc. is representing the Seller in this transaction. Dual agency may apply. The sale is subject to the seller confirmation. 17.) Indemnification and Acceptance of Auction Terms by Bidders: Purchaser and Bidders agree to indemnify and hold harmless both the seller, their agent and Seifert Auctioneers from and against all claims and liabilities resulting from any online auction, including but not limited to: proximate or consequential damages failure to comply with local, state, or federal laws, and cost of legal expenses arising there from. No person shall have any claim against Seifert Auctioneers their respective agents or employees for any injuries sustained or damages to or loss of property that may occur on site. These Terms and Conditions, and all questions with respect to the interpretation of these conditions, shall be governed by and construed in accordance with the internal laws of the State of Minnesota, without regard to conflict of laws provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Minnesota located in Ottertail & Clay Counties. In bidding, you consent to agreeing with all the Terms and Conditions stated above and any auction specific terms posted on each auction brochure and /or terms emailed to you and or terms posted on www.seifertrealty.com . Special Terms Internet Bidding: will be available by logging on to www.seifertrealty.com to register. Neither the Auction Company nor the Seller is responsible in the event of loss of signal by either side. A 2% brokers participation will be paid to a broker that registers their client with the auction company prior to the client registering and bidding. All broker clients must register themselves and their clients with the auction company 48 hours prior to auction.