HomeMy WebLinkAbout2023-149 (Raze and Remove the Hazardous Structures Located at 1309 3rd Street S)CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2023-149
RESOLUTION AND ORDER TO RAZE AND REMOVE THE HAZARDOUS
STRUCTURES LOCATED AT 1309 3rd STREET SOUTH
WHEREAS, the following Findings of Fact support the Order to Raze and Remove the
hazardous garage and retaining wall structure located at 1309 3`d Street South, Stillwater,
Minnesota:
1. The Property located at 1309 3`d Street South, Stillwater, Washington County, Minnesota,
is legally described as:
The North 119 fee of Lot 6 of County Auditor's Plat Number 4, subject to and
together with an easement for driveway purposes as contained in Book 236 of
Deeds, page 289.
PID: 3 3.03 0.2 0.14. 0110
("Property")
2. The Property is owned by Richard A. Ames, Robert M. Ames, and Cheryl E. Ames
("Owners") as conveyed by Transfer on Death Deed upon the death of Mary E. Ames on
February 22, 2023 (See Deed at Exhibit 1) (See Obituary at Exhibit 2).
3. U.S. Bank National Association ND, a national banking association organized under the
laws of the United States, is the Mortgagee of the Property (See Mortgages at Exhibits 3
& 4).
4. On or about March 21, 2023, the Building Inspections Department received a report from
a neighboring property owner that the Property's garage and rear yard retaining wall were
in such a state of disrepair that portions of the retaining wall are falling into his property.
5. On June 8, 2023, the Building Inspections Department, along with members of the
Planning Department, conducted an inspection of the Property's garage and rear yard
retaining wall from the neighboring property at 1314 2„ d Street South. The inspection
revealed the following hazardous conditions:
a. The back wall of the garage is collapsing, which in turn, is twisting the roof.
b. The chimney on the garage is titled at such an angle that it is on the verge of
collapse.
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c. The north half of the garage has a wood foundation and wood floor which are
progressively pitching downhill to the east as the east garage wall deteriorates. The
wood posts and beams in this portion of the garage are rotted and displaced which
has compromised the garage's floor, exterior walls, and roof.
d. The south half of the garage has a masonry foundation which is also deteriorating
and being undermined in the south-east corner. The foundation in this portion of
the garage is cracked and leaning downhill to the east, which is pulling the garage's
walls, roof and chimney out of place.
The retaining wall, which is attached to the garage foundation at its southeast
corner, is failing. The north side of the retaining wall is cracked and heaving
towards the neighboring property at 1314 2"d Street South.
(See Building Inspection Department's Report and Photographs from June 8, 2023,
at Exhibit 5).
6. Based on the June 8, 2023, inspection, the Building Inspection Department concluded that
the Property's garage is no longer safe for use and should be demolished. The Building
Inspection Department also concluded that the rear yard retaining wall should demolished
and the earth regraded or replace and rebuild a new retaining wall (See Building Inspection
Department's Report at Exhibit 5).
On August 15, 2023, the Building Official, along with a Code Enforcement Technician,
conducted an inspection of the Property. The inspection further revealed the following
hazardous conditions:
a. The detached garage and retaining wall are located on the adjoining property line
to 1314 2nd Street South. The retaining wall is approximately six to seven feet tall
and retains the yard of the Property above 1314 2"d Street South.
b. The retaining wall supports the detached garage and is collapsing at the garage and
has areas of failure along the plane of the wall.
c. The garage's foundation, floor, structural posts and beams are rotted and is
deteriorated beyond repair. The garage is leaning toward the neighboring property
at 1314 2"d Street South.
d. The garage's chimney has recently collapsed and fell into the rear yard of 1314 2"d
Street South.
(See Building Official's Report and Photographs at Exhibit 6).
8. Based on the August 15, 2023, inspection, the Building Official concluded that the
Property's garage and retaining wall are hazardous structures and pose a life safety hazard
to the neighboring properties. Accordingly, the garage will need to be demolished and the
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retaining wall requires replacement in a timely manner (See Building Official's Report at
Exhibit 6).
9. As referenced in the August 30, 2023, Building Official's Report, a portion of the
Property's rear yard retaining wall is located on the 1314 2°d Street South property (See
Certificate of Survey for 1314 2"d Street South at Exhibit 7). Based on the Certificate of
Survey for 1314 2nd Street South, where the retaining wall turns East-West is where the
retaining wall crosses onto the Property. This East-West jog is 5.4 feet in length. The owner
of 1314 2nd Street South owns and is responsible for 3.6 feet of the retaining wall. The
remaining 1.8 feet of the retaining wall is located on the Property and is the responsibility
of the Owners, which has fallen into a state of disrepair (See Retaining Wall Photograph at
Exhibit 8).
WHEREAS, on November 8, 2023, the City Council held a hearing on this matter and
considered the evidence presented.
NOW, THEREFORE, BE IT RESOLVED that based on the hearing and the information
and evidence presented, the Stillwater City Council adopts the aforementioned Findings of Fact
and finds that due to the significant deterioration of the Property's garage and rear yard retaining
wall, they create a hazardous condition that constitutes a hazard to the public health, safety and
welfare, as defined in Minnesota Statutes, Section 463, and therefore, the garage must be razed
and removed and the rear yard retaining wall repaired, replaced, or razed and removed as
determined by the City's Building Official.
NOW, THEREFORE, BE IT ORDERED by the Stillwater City Council as follows:
1. Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the Property at 1309
3rd Street South, Stillwater, Minnesota must raze and remove the garage, and all related
materials, located on the Property by December 31, 2023.
2. Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the Property at 1309
3rd Street South, Stillwater, Minnesota, must repair, replace, or raze and remove, as
determined by the City's Building Official, the portion of the retaining wall located on the
Property, returning the Property to a safe condition by December 31, 2023.
Unless corrective action is taken or an Answer is filed within twenty (20) days of service,
as provided in Minnesota Statutes, Section 463.18, a motion for summary enforcement of
this Order will be made to the District Court of Washington County. If there is no
compliance, the City will be authorized to enter the Property and immediately raze and
remove the garage and portion of the rear yard retaining wall located on the Property. All
costs associated with this action and of razing and removing the garage and retaining wall
may be a lien against the real estate, which may be levied and collected as a special
assessment, as provided by Minnesota Statutes, Section 463.
Adopted by the City Council of Stillwater, Minnesota this 8th day of November, 2023.
Ted Kozlowski, Mayor
ATTEST:
Bcth Wolf, City Clerk
EXHIBIT 1
-- - -- - 3882738
Receipttt: 187766
I
Too $46.00
Certified Filed and/or recorded on:
410912012 8:48 AM
I
3882738
Office of the County Recorder
Retumto: property Records 8 Taxpayer Services
ECKBERG LAMMERS BRIGGS WOLFF 8 Washington County, MN
18M NORTHWESTERN AVENUE
SUITE 110 Kevin J Corbid, Coaniv Rer)w*AY
STILLWATER MN 55082
(Space above line reserved for recording; information)
TRANSFER ON DEATH DEED Minnesota Uniform Conveyancing Blanks
Form 10.8.3 (2009)
NO DEED 'FAX DUE
Pursuant to Minn. Stat. 287.22(15)
Date: April 4, 2012
MARY E. AMES, a single person ("Grantor Owner"), hereby conveys and quitclaims to MCHARD A. AMES,
RoBER'r M. AMES, and CHERYL E. AMES ("Grantee Beneficiaries"), as tenants in common, effective on the
death of the Grantor Owner, real property in Washington County, Minnesota, legally described as follows:
'Fhe North 119 feet of Lot 6 of County Auditor's Plat Number 4, subject to and together with an
easement for driveway purposes as contained in Book 236 of Deeds, page 289
Check here if all or part of '1he described real properly is Registered (Torrens) ❑
together with all hereditaments and appurtenances belonging thereto.
If RICHARD A. AMES, ROBER,r M. AMES, or CIIERYL E. AMES should predecease the Grantor Owner, his or her
interest in said property shall pass to his or her descendants, per stirpes.
If checked, the following optional statement applies:
® When effective, this instrument conveys any and all interests in the described real property acquired by the
Grantor Owners before, on, or after the date of this instrument.
Page 1 of 2
STATE OF MINNESOTA }
?sS.
COUNTY OF WASHINGTON }
person.
The foregoing instrument was acknowledged before me on April 4, 2012, by MA11Y E. AMES, a single
NOTARIAL .STAMP OR SEAL
Sfi NDIQ 90OLLM! MIGHT
Notary Public
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COpM1dilp.1f19�.nEJ6fWNjl31, 2018
THIS INSTRUMENT WAS DRAFTED BY:
Shannon Hooley Enright, Esq.
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P. L. L. P.
1809 Nvrthivestern Avenue
Slillwater, Minnesota 55082
Signalw•c f Na Public
Page 2 of 2
EXHIBIT 2
8/18/23, 8:42 AM Obituary for Mary Elizabeth (Frederick) Ames I Simonet Funeral Home
Provided by Simonet Funeral Home
Mary Elizabeth (Frederick) Ames
July 22, 1939 — February 22, 2023 (age 83)
Mary E. Ames, age 83, long-time resident of Stillwater, Minnesota, passed away
peacefully surrounded by her loving family on February 22, 2023. Preceded in death by
her parents Martin and Clarissa Frederick, the love of her life husband Richard H.
Ames, her brother-in-law Patrick Mahoney, and her sister-in-law Jan Ames. Survived by
her children Richard Ames, Robert Ames (Elena), and Cheryl Ames; 4 grandchildren
and 2 great grandchildren; her brother Joseph Frederick, sisters Janet Mahoney and
Pat Hayes (Duane), and brother-in-law Charles Ames; nieces, nephews, loving relatives
and friends.
Washburn HS graduate class of'57. Exceptional wife, mother and friend. Public
servant. A light and beacon to all who knew her, she was truly an inspiration and the
model for a life well -lived. Family requests those who loved Mary share photographs
and/or memories of Mary whether physically or digitally for their Memory Book.
Mass of Christian Burial 11 am on Wednesday, March 8, 2023 at the Church of Saint
Michael, 611 3rd St S, Stillwater, MN 55082. Visitation 1 hour prior to the Mass in the
church atrium. Interment at Fairview Cemetery with a light lunch following.
https://www.simonetruneraIhome.com/printnotice/Mary-Ames/1 o-/Oc/Oq/Od/Ob 1 /1
EXHIBIT 3
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Return To:
Southwest Financial Services, Ltd.
537 E Pete Rose Way, STE 300
Cincinnati, OH 45202
, Receipt#: 171049
MTG
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Conservation Fee:
- - - 385"83 1
$46.00 111111illill
$172.50 Certified Filed and/or recorded on:
$5 00 91W2011 3:15 PM
3854483
office of the County Recorder
properly Records & Taxpayer Services
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SOUTHWEST FINANCIAL SERVICES L
Washington County, MN
537 E PETE ROSE wnv STE 300
CINCINNATI OH 45202
Kevin J Grrbid. Cuuuh- Recorder
— b1olly D Row ke, Auditor Treav"W" J
Prepared Byre' der K1
Southwest Financial Services, Ltd.
537 E Pete Rose Way, STE 300 IIII���i�9�21iI8��1010�311111
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MORTGAGE
(With Future Advance Clause)
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ... 08/ N011
........................... .
The parties and their addresses are as follows:
MORTGAGOR:
MARY E. AMES, Unmarried.
If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and
acknowledgments.
LENDER:
U.S. Bank National Association ND,
a national banking association organized under the laws of the United States
4325 17th Avenue SW
Fargo, ND 58103
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to
secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants,
bargains, sells, conveys and mortgages to Lender, with the power of sale, the following described property:
See attached Exhibit "A'
The property is located in W615HI NGT.QN.CaLINN................................ at ...........................
(County)
1309.39P.S1.5...STJL VYAT.�.R....................................................................... Minnesota 5.0 2 6251........
(Address) (city) (ZIP Code)
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian
rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may
now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). rvogt IQf5/
MINNESOTA -MORTGAGE (NOT FOR OPEN-END CREDIT OA I OR I NMA, F HLMC. I HA OR VA USE)
C 1994 WUIIHI KWwer FinimcI♦ Se4. -B.Men SystM,s 1MFORTU55-REMTG•MNS/W2010009BA05/10
3. MAXIMUM OBLIGATION IZIIT. Notwithstanding anything to the contrary herein, the maximum principal indebtedness
secured by this Security Instrument is $.7.5,1000,00...................................... This limitation of amount does not include
interest, attorneys' fees and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does
not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the
covenants contained in this Security Instrument,
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt
described below and all their extensions, renewals, modifications or substitutions. f When referencing the debts
below, include the borrowers' names, initial and maximum note amounts, interest rates, maturity dates, and any
other descriptions you want to add.)
Borrower(s): MARY AMES
Principal/Maximum Line Amount: 75,000.00
Maturity Date: 09/10/2041
Note Date: 08/26/2011
B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory
note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender after this Security
Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security
Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations
that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future
advances and other future obligations are secured by this Security Instrument even though all or part may not yet be
advanced. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or
advances in any amount, Any such commitment must be agreed to in a separate writing.
C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not
limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender.
D. All additional surns advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the
Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
This Security Instrument will not secure any other debt if Lender falls to give any required notice of the right of rescission.
S. PAYMENTS. Motigagor agrees that all payments under the Secured Debt will be paid when due and in accordance with
the terms of the Secured Debt and this Security lnstrrtmew.
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this
Security Instrument and has the right to grant, bargain, convey, sell and mortgage, with the power of sale, the Property.
Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien
document that created a prior security interest or encumbrance on the Property, Mortgagor agrees:
A, To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured
by the lien document without Lender's prior written consent.
S. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents,
utilities, and other charges relating to the Properly when due. Lender may require Mortgagor to provide to Lender copies of
all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the
Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as
requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to
maintain or improve the Property.
9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be
Immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale
of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as
applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and
this Security Instrument is released.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition
and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or
deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that
the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will
not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor
will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the
Properly.
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Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting
the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for
the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's inspection.
11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security
Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney
in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor
shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of
Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not
carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the
Property, including completion of the construction.
12. ASSIGNMENT OF LEASES AND RENTS. Except as otherwise provided in this section, Mortgagor irrevocably grants,
bargains, conveys, sells and mortgages to Lender as additional security all the right, title and interest in and to any and all
existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of
the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as
"Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and
correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as
Mortgagor is not in default under the terms of this Security Instrument.
Mortgagor agrees that this assignment is effective immediately upon the execution of this mortgage and perfected upon the
recording of this Mortgage.This assignment will remain in effect during any redemption period until the Secured Debt is
satisfied. Mortgagor agrees that Lender may take actual possession of the property without the necessity of commencing
legal action. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in
Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other
funds. Any amounts collected will be applied first, as set forth in M.S.A. §576.01, subdivision 2, and then, as otherwise
provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable
landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and
applicable law.
This section applies only if the Mortgage secures an original principal debt of $100,000 or more or is a lien upon
residential real estate containing more than four dwelling units, and is not a lien upon property which Is entirely
homesteaded as agricultural property or residential real estate containing four or fewer dwelling units where at least one of
the units is homesteaded. This assignment may only be enforced against the nonhomestead portion of the mortgaged
property.
13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of any lease If this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a
planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations
of the condominium or planned unit development,
14. DEFAULT. Mortgagor will be in default if any of the following occur:
A. Any party obligated on the Secured Debt fails to make payment when due.
B. A breach occurs under the terms of this Security Instrument or any other document executed for the purpose of
creating, securing or guarantying the Secured Debt,
C. Any statement, representation or warranty made by Mortgagor or any co - maker, endorser, guarantor or surety to
Lender at any time shall prove to have been incorrect or misicading in any material respect when made.
D. Mortgagor or any such co -maker, endorser, guarantor or surety shall die, liquidate, merge, consolidate, transfer a
substantial part of its property, or if a partnership, limited liability partnership, or limited liability company, suffer
the death, dissolution or liquidation of any partner or member.
E. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on
the Secured Debt or that the prospect of any payment or the value of the Property is impaired.
15. REMEDIES ON DEFAULT, If this is a conventional loan under Minn. Stat. § 47.20, Lender will give Borrower written
notice of default prior to foreclosure, unless the default consists of the sale of the Property without Lender's consent. The
notice will specify: (a) the nature of the default; (b) the action required to cure the default; (c) a date, not less than 30 days
from the date the notice is mailed by which the default must be cured; (d) that failure to cure the default on or before the
date specified in the notice may result in acceleration of the sums secured by the mortgage and sale of the mortgaged
premises; (e) that the Borrower has the right to reinstate the mortgage after acceleration; and (f) that the Borrower has the
right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to acceleration and
sale. Additionally, in some other instances, federal and state law will require Lender to provide Mortgagor with notice of
the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, If
any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if
Mortgagor is in default. Upon default, Lender shall have the right, without declaring the whole indebtedness due and
payable, to foreclose against all or any part of the Property. This lien shall continue as a lien on any part of the Property
not sold on foreclosure.
(PW 30f6)
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At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become
Immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime
thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this
Security Instrument and any related documents including without limitation, the power to sell the property.
If there is a default, Lender may, in addition to any other permitted remedy, advertise and sell the property as a whole or
in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title
and interest of Mortgagor at such time and place as Lender designates. If Lender invokes the power of sale, Lender shall
give notice of the sale including the time, terms and place of sale and a description of the property to be sold as required
by the applicable law in effect at the time of the proposed sale. Lender or Its designee may purchase the Property at any
sale.
Upon the sale of the Property and to the extent not prohibited by law, Lender shall make and deliver a deed to the Property
sold which conveys absolute title to the purchaser. Lender shall apply the proceeds of the sale in the following order. (a) to
all expenses of the sale, Including but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Mortgage;
(c) any excess to the person or persons legally entitled to It. The recitals in any deed of conveyance shall be prima facie
evidence of the facts set forth therein.
If the Property is sold pursuant to this section, Mortgagor, or any person holding possession of the Property through
Mortgagor, shall immediately surrender possession of the Property to the purchaser at the sale. If possession is not
surrendered, Mortgagor or such person shall be a tenant holding over and may be dispossessed in accordance with
applicable law.
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or
equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the
Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a
waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's
default, lender does not waive Lender's right to later consider the event a default if it continues or happens again,
16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when
prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant In this Security
Instrument, Mortgagor will also pay on demand any amount Incurred by Lender for insuring, inspecting, preserving or
otherwise protecting the Property and Lender's security Interest. These expenses will bear interest from the date of the
payment until pald in full at the contract interest rate in effect from time to time as provided In the terms of the Secured
Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender In collecting, enforcing or protecting Lender's
rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court
costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for
any recordation costs of such release.
17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42
U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general
opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2)
Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or
environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances,"
"hazardous waste" or "hazardous substance" under any Environmental Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located,
stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances
that are generally recognized to be appropriate for the normal use and maintenance of the Property.
B. Except as previously disclosed and acknowledged In writing to Lender, Mortgagor and every tenant have been, are,
and shall remain in full compliance with any applicable Environmental Law.
C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on,
under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an
event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law.
D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there Is any
pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any
Hazardous Substance or the violation of any Environmental Law.
(p"e+d6)
401994 WAns Kluwer FVnarxlal Services- Bankers Systems TM Fan US&NEMTG-MN 5/6/2010609BAD 5/10
18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means.
Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor
assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or
any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security
Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or
other lien document.
19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks
reasonably associated with the Property due to its type and location. This insurance shall be maintained In the amounts and
for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the
term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's
approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender
may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security
Instrument.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and,
where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the
insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately
give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the
insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor.
Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to
the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or
postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the
Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the
acquisition.
20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for taxes and insurance in escrow.
21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any
financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any
additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's
obligations under this Security Instrument and Lender's lien status on the Property.
22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under
this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence
of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt
and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty
between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action
or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to,
any anti -deficiency or one -action laws. Mortgagor agrees that Lender and any party to this Security Instrument may
extend, modify or make any change In the terms of this Security Instrument or any evidence of debt without Mortgagor's
consent. Such a change will not release Mortgagor from the terms of this Security instrument. The duties and benefits of
this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender.
23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the
jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the
Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be
amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to
the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the
variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that
section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used,
the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security
Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument.
Time is of the essence in this Security Instrument.
24. NOTICE. Unless otherwise required bylaw, any notice shall be given by delivering it or by mailing it by first class mail
to the appropriate parry's address on page 1 of this Security Instrument, or to any other address designated In writing.
Notice to one mortgagor will be deemed to be notice to all mortgagors.
25. WAIVERS. Except to the extent prohibited bylaw, Mortgagor waives all appraisement, dower and homestead exemption
rights relating to the Property.
(page S o161
01994 Writers lthtwer Manual Services- Bankers Systems 1M Form USB-REMTGMN Sl"io 6o98A0 silo
26.OTHER TERMS. If checked, the following are applicable to this Security Instrument:
❑ Construction Loan. This Security Instrument secures an obligation Incurred for the construction of an improvement
on the Property.
❑ Fixture Filing. Mortgagor grants to Lender a security Interest in all goods that Mortgagor owns now or in the
future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing
statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the
Uniform Commercial Code,
I`� Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and
amend the terms of this Security Instrument. [Check all appiicabte ,xcs]
❑ Condominium Rider ❑ Planned Unit Development Rider Othe...................................................
❑ Additional Terms.
SIGNATURES;.-• By signing below, Mortgagor agrees to the terms and covenants contained in this Security Instrument and in
any attactu�ents. Mortgagor also ao�+ledgrs receipt of • copy of this Security Instrument on the date stated on page 1.
..........................................................................
(SignalurF) M 1:. AMES (Date) (Signature) (Date)
ACKNOWLEDGMENT: I 1
STATE OF rniM4 crf,. ....................... COUNTY Or ...................} ss.
('"�Vv1Yw1j This instrument was acknowledged before me this ...... 5�?.(0....... day of .........RVag4.- '.. ...................
byMARY E: AMES, Unmarried...................................................................................................
............................................................................................................................................. .
................................................. ............................ ....... ................................................... .
My commission cxpires:.Sen ,31,
....... ............
(SUURIE HOFFMAN (Notary 1 is
NOTARY PUBLIC • MINNESOTA
My Commission EMpres Jan, 31, 2aie
Thisinstrument was prepared by........................................................................ . of .................................
0IMWoltenKluwer FlnandalServices- Bankers Systems TM Form USOMMT&MNS/6/2010609BADS/10 W060m)
EXHIBIT "A" LEGAL DESCRIPTION
Page: 1 of l
Account #: 19982186 Index #:
Order Date : 08/17/2011
Reference : 20112291120360 Parcel #: 33 030 2014 0110
Name: MARY AMES
Deed Ref : N/A
TRACT OR PARCEL OF LAND LYING AND BEING IN THE COUNTY OF WASHINGTON AND
STATE OF MINNESOTA, DESCRIBED AS FOLLOWS, TO -WIT:
THE NORTH 119 FEET OF LOT 6, COUNTY AUDITOR'S PLAT NO.4, FIRST WARD,
SUBJECT "f0 ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LF,ASES AND
RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGIITS OF "'AY, ALL ZONING,
BOILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN
POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENT'S NOT YFT DI1F. AND PAYABLE.
BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN DOCUMENT NO.0, OF THE
WASHINGTON COUNTY, MINNESOTA RECORDS.
NIII1IIIBIdIIIN
EXHIBIT 4
Return To:
Indecomm Global Services
2925 Country Drive
Little Canada, MN 55117
-- -
3856131
Receiptti: 171940
I I
MTG $46.00
j
I ;,
MRT $%00
Conservation Fee: $5.00
Certified Filed and/or recorded on: i
9/30/2011 10:47 AM
'
3856131
Office of the County Recorder
Retumto:
Property Records & Taxpayer Services
INDECOMM GLOBAL SERVICES
Washington County, MN
29Z COUNTRY DRIVE
ST PAUL MN 65117-9969
Kevin J Corbin/ Counn, Reem-chn-
Molli 0Rouke.Aiodhin-7Yerrlurer l
Prepared By:
Southwest Financial Services, Ltd,
537 E Pete Rose Way, STE 300
Cincinnati, OH 45202
MORTGAGE y
(With Future Advance Clause)
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ...,0112012004
........
The parties and their addresses are as follows:
MORTGAGOR:
MARY E. AMES, UNMARRIED
33-030-20-14-0110
O If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and
acknowledgments.
LENDER:
U.S, Bank National Association ND,
a national banking association organized under the laws of the United States
4325 17th Avenue SW
Fargo, ND 58103
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to
secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants,
bargains, sells, conveys arxi mortgages to Lender, with the power of sale, the following dewrilxd property:
See attached Exhibit "A"
The property is located in ,WA$HINQTON.QQ.VNT.Y ............................... at ,,................................
(County)
.................................................................. Minnesota ..55Q92-5R5.1....... ...
(Address) (City) (ZIP Code)
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian
rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may
flow, or at any tirne in the future. be part of the real estate described atxwc (all referred to as "Property").
lr 9elof5)
MINNESOTA•HOME EQUITY LINE OFCREDIT MORTGAGE INOTFOR FNMA, FHI.MCFHA ORVAUSE)
�1a'HKoRenMl,rxtlrinAKNlSenkel ik—ke"Sytvrs ryFo USf1 CPMTG-MNV12MIQ6099ADS/10
3. MAXIMUM OBLIGATION LIMIT. Notwithstanding anything to the contrary herein, the maximum principal indebtedness
secured by this Security Instrument at any one time is $..310.004,00...................................... Phis limitation does not
include interest and any amount advanced by mortgagee in protection of the mortgaged premises or this mortgage, including
but not limited to: taxes, assessments, charges, claims, fines, impositions, insurance premiums, amounts due upon prior or
superior mortgages and other prior or superior liens, encumbrances and interest, legal expenses and attorneys' fees.
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt
described below and all their extensions, renewals, modifications or substitutions. (You must specifically identify the
debt(s) secured andyou should include the final maturity date ofsuch debt(s).)
Borrower(s): MARY E AMES
Principal/Maximum Line Amount: 30,000.00
Maturity Date: 01/19/2029
Note Date:-01120/2004
B. All additional sums advanced and expenses incurred by Lender for insuring, Preserving or otherwise protecting the
Property and Its value and any other sums advanced and expenses incurred by Lender under the terms of this
Security Instrument.
S. MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this section are material obligations under the Secured
Debt and this Security Instrument. If Mortgagor breaches any covenant in this section, Lender may refuse to make additional
extensions of credit and reduce the credit limit. By not exercising either remedy on Mortgagor's breach, Lender does not waive
Lender's right to later consider the event a breach if it happens again.
Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the
terms of the Secured Debt and this Security Instrument.
Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that
created a prior security interest or encumbrance on the Property, Mortgagor agrees to make all payments when due and to
perform or comply with all covenants. Mortgagor also agrees not to allow any modification or extension of, nor to request any
future advances under any note or agreement secured by the lien document without Lender's prior written approval.
Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities,
and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices
that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against
any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender,
any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the
Property.
Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs
that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property.
Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's priorwritten
consent. Mortgagor will not permit any change in any license, restrictive covenant or casement without Lender's prior written
consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or
damage to the Property.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the
Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the
inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's inspection.
Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument,
Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign
Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an
obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights
under the law or this Security Instrument.
Leaseholds; Condominiuum; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if
this Security Instrument is on a leasehold. if the Property includes a unit in a condominium or a planned unit development,
Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned
unit development.
Condemnation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to
purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes
Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the
proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property.
Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of
proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document.
rpuyezors�
01994wotters KluwerFWanaa1Smkes-Barkers SWUems ryram USBOUMM.-MN S11 V20106o99AD S/10
insurance. Mortgagor shall keep Property insured against loss by fire, flood. theft and other hazards and risks reasonably
associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for theperiods
Qtat Lender requires. What Lender requires pursuant to the preceding two sentences can change during die term of the Secured
Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall
not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option,
obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where
applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance.
Lender shall have the right to hold the policies and renewals. If !.ender require, Mortgagor shall immediately give to Lender
all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier
and Lender. Lender may snake proof of loss if not made immediately by Mortgagor.
Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the
Secure! Debt, whether of not then due, at Lender's option. Any application of proceeds to principal shall not extend or
postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the
Mortgagor. If the Property is acquired by lender. Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Properly before the acquisition shall pass to Lender to the extent of the Secured Debt inutiediately before the
acquisition.
Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statement or
information Lendcr may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or
certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligationsutuler this
Security Instrument and Lender's lien status on the Property.
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this
Security Instrument and has the right to grant, bargain, convey, sell and mortgage —with the power of sale, the Property.
Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record.
7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable
upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the Property. This right is subject to
the restrictions imposed by federal law (12 C.F.R. 591), as applicable.
8. DEFAULT. Mortgagor will be in default if any of the following occur:
Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that is
an open end home equity plan.
Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to matte a payment when
due.
Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects the Property or Lender's rights
ui the Property. This includes, but is not limited to, de following: (a) Mortgagor fails to maintain required insurance on the
Property; (b) Mortgagor transfers the Property; (c) Mortgagor conmiits waste or oQtervise destructively uses or fails to
mountain the Property such that de action or inaction adversely affects Lender's security; (d) Mortgagor fails to pay taxes on
the Property or otherwise fails to act and thereby causes a lien to be filed against the Properly that is senior to the lien of this
Security Instrument; (e) a sole Mortgagor dies; (f) if more than one Mortgagor, any Mortgagor dies and Lender's security is
adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed against Mortgagor and subjects
Mortgagor and the Property to action that adversely affects Lender's interest; or (i) a prior lienholder forecloses on the
Property and as a result, I endcr's interest is adversely affected.
Executive Officers. Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes indebted to
Lender or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations.
9. REMEDIES ON DEFAULT. If this is a conventional loan under Minn. Stat. § 47.20, Lender will give Mortgagor
written notice of default prior to foreclosure, by certified mail at the address of the Mortgaged property or such other
address Mortgagor may have designated to Lender in writing, unless the default consists of the sale of the Property without
Lender's consent. The notice will specify: (a) the nature of the default; (b) the action required to cure the default; (c) a
date, not less than 30 days from the date the notice is mailed by which the default must be cured; (d) that failure to cure
the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security
Instrument and sale of the Property; (e) that the Mortgagor has the right to reinstate this Security Instrument after
acceleration; and (f) that the Mortgagor has the right to bring a court action to assert the nonexistence of a default or any
other defense of the Mortgagor to acceleration and sale. In addition to any other remedy available under the terms of this
Security Instrument, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided
by law if Mortgagor is in default. In some instances, federal and state law will require Lender to provide Mortgagor with
notice of the right to cure, or other notices and may establish time schedules for foreclosure actions. Upon default, Lender
shall have the right, without declaring the whole Indebtedness due and payable, to foreclose against all or any part of the
Properly. 'Iliis lien shall continue is a lien on any part of the Property not sold on foreclosure.
(pnge 3 o(S)
019% Wohers Kkmer Flnamdtl Services -Bankers Systems TM Form USBOCVMTGMN Sl12/20106MAD S/10
At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become
immediately due and payable, after giving notice if required by law, upon the occurrence of a default or any time thereafter. If
there is a default, Lender shall have the power of sale and may advertise and sell the property as a whole or in separate parcels
at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of
Mortgagor at such time and place as Lender designates. If Lender invokes the power of sale, Lender shall give notice of the
sale including the time, terms and place of sale and a description of the property to be sold as required by the applicable law in
effect at the time of the proposed sale. Lender or its designee may purchase the Property at any sale.
Upon the sale of the Property and to the extent not prohibited by law, Lender shall make and deliver a deed to the Property
sold which conveys absolute title to the purchaser. Lender shall apply the proceeds of the sale in the following order: (a) to all
expenses of the sale, including but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Mortgage; (c) any
excess to the person or persons legally entitled to it. The recitals in any deed of conveyance shall be prima facie evidence of
the facts set forth therein,
If the Property is sold pursuant to this section, Mortgagor, or any person holding possession of the Property through
Mortgagor, shall immediately surrender possession of the Property to the purchaser at the sale. If possession is not
surrendered, Mortgagor or such person shall be a tenant holding over and may be dispossessed in accordance with applicable
law.
The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is
accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of
any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later
consider the event a default if it happens again.
10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Mortgagor breaches any
covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in performing such covenants or
protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting,
preserving, or otherwise protecting the Property and Lender's security interest. These expenses are payable on demand and
will bear interest from the date of payment until paid in full at the contract interest rate in effect as provided inthe terms of the
Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting
Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees,
court costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay
the reasonable attorneys' fees Lender incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under
the Bankruptcy Code. This Security Instrument shall retrain in effect until released. Mortgagor agrees to pay for any
recordation costs of such release.
11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means,
without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601
et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or
interpretive letters concerting the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous
Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which
render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term
includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or
"hazardous substance" under any Environmental Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located,
stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that
are generally recognized to be appropriate for the normal use and maintenance of the Property.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and
shall retrain in full compliance with any applicable Environmental Law.
C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under
or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event,
Mortgagor shall take all necessary remedial action in accordance with any Environmental Law.
D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or
threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or
the violation of any Environmental Law.
12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for taxes and insurance in escrow.
13. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under
this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence
of debt, Mortgagor does so only to mortgage Mortgagor's Interest in the Property to secure payment of the Secured Debt
and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty
between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action
or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to,
any anti -deficiency or one -action laws. The duties and benefits of this Security Instrument shall bind and benefit the
successors and asslgrts of Mortgagor and lender.
1'19%WottersKluwer FlnandalServkes•Bankers Systems t"'FormUSBOCPMTG-MN S)12l20106099AD5)10 (poge4of5)
14. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security Instrument
may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement
related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly
permits the variations by written agreement. If any section of this Security Instrument cannot be enforct d according to its
terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument.
Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of
this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security
Instrument. Time is of the essence in this Security Instrument,
is. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by nailing it by first class mail to
the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to
one mortgagor will be deemed to be notice to all mortgagors.
16. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all appraisement, dower and homestead exemption
rights relating to the Property.
17. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a
zero balance, this Security Instrument will remain in effect until released.
18. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the extent
otherwise required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations.
19. RIDERS. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend
the terms of this Security Instrument.
[Check all applicable boxes]
U Assignment of Leases and Rents Other ....................................................
20. O ADDITIONAL TERMS.
SIGNATURES: By signing belo ortgagor agrees to a terms and covenants contained in this Security Instrument and in
attach je s. M acknowledges r�ipt a copy of this Security Instrument on the date stated on page 1.
(Signature) E. AMES atel (Signature) (bate)
ACKNOWLEDGMENT
STATE OF ..'l..F..`; \r%f-•SR+VS .................. COUNTY OF ...�e .. ....... 71i ................} ss.
(.ndividuel) This instrument was acknowledged before me this ...... o?.CD...... day of .... " :, .o1.1.........
byMARY E. AMES..., ..UNM..RRIED... ............A.....................................................................................................
............................................................................................................................................ .
.3i..a�4 �................. .... ..................................................... .
My commission expires:JGn
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01994 Wolters Kluwer Fln"al Services -Bankers Systems n Form USBWMr6MN 5/IV20106999AD 5/10 fpoge 5of5)
A
--EXHIBIT "'A" LEGAL DESCRIPTION
Account #: 20084703 Index #:
Order Date : 09/13/2011
Reference ; 3000232675 Parcel #: 33-030-20-14-0110
Name: MARY E. AMES
Deed Ref : 895049
TRACT OR PARCEL OF LAND LYING AND BEING IN THE COUNTY OF WASHINGTON AND
STATE OF MINNESOTA, DESCRIBED AS FOLLOWS, TO -WIT:
THE NORTH 119 FEET OF LOT 6, COUNTY AUDITOR'S PLAT NO.4, FIRST WARD.
SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND
RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING,
BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN
POSSESSION, AND ALL REAL. ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE.
BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN DOCUMENT NO.895049, OF
THE WASHINGTON COUNTY, MINNESOTA RECORDS.
I
\ RU82170943-•, �I
6602 9/26/201.1 773678�0/1
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EXHIBIT 5
lw-ater
Building Inspection �
Site inspection at:
Mary E. Ames
13093 d Street S
Stillwater, MN 55082
6/8/2023
The Building Inspections Department, along with members of the Building Planning Department, met at 1314 2n1 St. S to
inspect the collapsing garage and retaining wall at 1309 3`d St. S. The back wall of the garage is collapsing which in turn
is twisting the roof and masonry chimney protruding through the roof. The chimney is tilted to the north at such an
angle that it will no doubt fall over in a short time.
The north half of the garage has a wood foundation and wood floor which is progressively pitching downhill to the east
as the east wall deteriorates. The wood posts and beams are rotted and displaced which has compromised the floor,
exterior walls, and roof. The South half of the garage has a masonry foundation which is also deteriorating and being
undermined in the south-east corner. This foundation is cracked and also leaning downhill to the east, which is pulling
the walls, roof and chimney out of plane.
It is no longer safe to put automobiles in the garage. Our recommendation is to demo the garage and its foundation
completely before it collapses. Since a collapse would undoubtedly result in wall, roof and chimney sections falling into
the yard of the neighbor below, it becomes a safety issue that we, and the residents of 1314 2"d St. S, are concerned
about. Since some of the east garage foundation also retains earth on the uphill side, a means of earth retention would
have to be put in place to prevent any further earth displacement and erosion.
We also observed the failing condition of the retaining wall which is attached to the east garage foundation at its
southeast corner. The North side of the wall is cracked and heaving towards the property below. Rain drainage
continuously flush soil out the wall drainage holes further weakening it with every storm. Our recommendation is to
also demo this wall and regrade or rebuild a new retaining wall.
Regards,
Lauren Sirotiak
Mike Eng
Stillwater Building Inspections Department
216 Fourth Street N., Stillwater, MN 55082 • 651-430-8825 •Fax: 651-430-8810 • www.ci.stillwater.mn.us
(Sjiiw
Building Inspection �
216 Fourth Street N., Stillwater, MN 55082 • 651-430-8825 .Fax: 651-430-8810 9 www.ci.stillwater.mn.us
EXHIBIT 6
1water ;
Building Inspection �
To: Kori Land, City Attorney
Tim Gladhill, Community Development Agreement
Morena Garcia, Code Enforcement Technician
From: Cindy Shilts, Building Official
Date: August 30, 2023
RE: 1309 3`d Street South Garage and Retaining Wall
On August 15, 2023, the Building Department along with the Code Enforcement Technician conducted an
inspection on 1309 3rd Street South to address ongoing neighbor complaints of a collapsing garage and
rear yard retaining wall.
My observations are as follows:
• The detached garage and retaining wall are located on the adjoining property line to 1314 2"d
Street South. The retaining wall is approximately six to seven feet tall and retains the yard of 1309
3'd Street South above 1314 2nd Street South.
• The retaining wall supports the detached garage and is collapsed at the garage and has areas of
failure along the plane of the wall.
• The garage's foundation, floor, structural posts and beams are rotted and is deteriorated beyond
repair. The garage is leaning toward the neighboring property of 1314 2"d Street South.
• The garage's chimney has recently collapsed and fell into the rear yard of 1314 2nd Street South.
Based my observations it is my professional opinion that the garage and retaining wall are deemed
hazardous structures and pose a life safety hazard to the neighboring properties. The garage will need to
be demolished and the retaining wall requires replacement in a timely manner.
216 Fourth Street N., Stillwater, MN 55082 • 651-430-8825 •Fax: 651-430-8810 • www.ci.stillwater.mmus
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EXHIBIT 7
Notes: CERTIFICATE OF SURVEY Nutt:
"M." Ind. Measured Value. Bearing System is an
"R." Ind. Record Value. BARRETT M.STACK assumed datum.
o Indicates #13774 iron pipe set, STILLWATER, MINN. 55082 Offsets shown to existing structures
unless noted otherwise. MINNESOTA REGISTERED are measured to the outside building
• Indic:ates iron found inplace as noted. LAND SURVEYOR wall line, unless noted otherwise. Any
Underground or overhead, public or private Tel.No.439-5630 projections from said wall lines, such as
utilities, on or adjacent the parcel, were eaves, sills, steps, etc., will impact
not located in conjunction with this survey, indicated offsets accordingly.
unless noted otherwise. Underlined of indicates rec': Desc, typo error.
SURVEY MADE EXCLUSIVELY FORT Collin and Alyssa Soukup, 1314 Second Street South, Stillwater,
Minnesota, 55082.
DESCRIPTIONI As Recorded: (per Document No. 4230708, Washington County Records)
Lot Eight (8) of County Auditors Plat No. F-our:-.(4); according to the platof
thereof on file and of record in the Office of the Register of Deeds in and for
Washington County, Minnesota.
Additional Notes: Th2 1'+= wide Block Wall shown hereon is tipped easterly and fracturing
1 h
in many places. This wall has a wood fence located generally a ong t e
the top of the wall as a safety measure for the adjoiner westerly. The
date or erector of this walls origin is not currently known by Stack Land
Surveying.
The southwesterly corner of Lot 8, Co. Aud. Plat. No. 4., falls in the N'ly.
edge of a power pole and was not set.
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1 hereby certify that this survey, plan, or report was
LO j 7 Frepared by me or under my direct supervision and that
am a duly Registered land Surveyor under the laws of
Br. /S OeEps AWE ---74.3 the State of Minnesota.
May 15, "1
Date.. ..........................2.021 ...........Reg.N o.....13.....74....................
EXHIBIT 8
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