Preview
85-CV-24-1127
Filed in District Court
State of Minnesota
6/24/2024 2:19 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WINONA THIRD JUDICIAL DISTRICT
CASE TYPE: EVICTION
Lake Village Associates, L.P., d/b/a Lake
Court File No.:
Village Manufactured Home Community,
Plaintiff,
vs.
COMPLAINT
Mark Francis McGill, John Doe, Jane Doe,
Defendants.
Plaintiff, Lake Village Associates, L.P., d/b/a Lake Village Manufactured Home
Community, (“Plaintiff”), as and for its Complaint in the above-captioned matter, does hereby
state and allege as follows:
1. Plaintiff owns the real property located 20 Mille Lacs Lane, Winona, Minnesota
55987 (“the Property”).
2. Defendant Mark Francis McGill (“Defendant”) is the leasing tenant for the
Property.
3. John Doe and Jane Doe are persons unknown to Plaintiff who may reside on the
Property.
4. On or about April 4, 2012, Plaintiff and Defendant entered into a written rental
Lease agreement. A true and correct copy of the agreement is attached as Exhibit A.
85-CV-24-1127
Filed in District Court
State of Minnesota
6/24/2024 2:19 PM
5. The Lease prohibits criminal activity on or near the Property, including threats,
intimidation, and harassment of park staff. Exhibit A, paragraph 17(e), and page 10 (Crime Free
Addendum) at 5.
6. On May 8, 2024, Lake Village staff attempted to deliver a 30-day Notice to
Correct or Vacate due to Defendant’s breach of Lake Village’s Rules and Regulations.
7. Defendant became agitated and relayed to the staff member that he had guns in
his trailer and stated, “I’ll shoot you right now.” He then crumbled the notice and threw it at the
staff member.
8. Said staff member asked Defendant if he was threatening him, to which
Defendant confirmed he was indeed threatening him. Plaintiff immediately called the police.
9. Upon Law Enforcement’s arrival, Defendant continued his verbal aggression
and hostility towards law enforcement.
10. Threats, intimidation, and harassment of park staff, specifically threats to shoot
a Lake Village employee, constitute a violation of the parties’ Lease Agreement and Minnesota
Statute 504B.171, Subd. (1)(b).
11. Defendants’ violations of the Crime Free Addendum and Minnesota Law
grounds for an immediate Lease Termination and Eviction under Minnesota Statute Section
504.171.
12. On May 10, 2024, Plaintiff’s counsel sent Defendant a 30-day Notice to Vacate
pursuant to Minnesota Stat. 327C.09, Subdivisions 3-5. Exhibit B.
13. Defendant failed to vacate.
14. Defendant is still in possession of the property.
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85-CV-24-1127
Filed in District Court
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6/24/2024 2:19 PM
WHEREFORE, Plaintiff demands judgment against Defendant for restitution of said
premises plus costs and disbursements herein.
BURNS & HANSEN P.A.
Date: June 24, 2024 /s/ Graciela G. Bloch
Kirk A. Tisher (0397712)
kirk@burnshansen.com
Jeffrey Domingues (0401203)
jeffrey@burnshansen.com
Daniel Roach (0398510)
daniel@burnshansen.com
Graciela G. Bloch (0402571)
Graciela@burnshansen.com
8401 Wayzata Boulevard, Suite 300
Minneapolis, Minnesota 55426
Telephone: 952.564.6262
Fax: 952.564.6262
ACKNOWLEDGMENT
The undersigned hereby acknowledges that pursuant to Minnesota Statutes Section to
respond, the Court determines that the undersigned has violated the provisions of Minnesota
Statutes Section 549.211, subdivision 2.
BURNS & HANSEN P.A.
Date: June 24, 2024 /s/ Graciela G. Bloch
Kirk A. Tisher (0397712)
kirk@burnshansen.com
Jeffrey Domingues (0401203)
jeffrey@burnshansen.com
Daniel Roach (0398510)
daniel@burnshansen.com
Graciela G. Bloch (0402571)
Graciela@burnshansen.com
8401 Wayzata Boulevard, Suite 300
Minneapolis, Minnesota 55426
Telephone: 952.564.6262
Fax: 952.564.6262
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85-CV-24-1127
Filed in District Court
State of Minnesota
6/24/2024 2:19 PM
VERIFICATION AND AFFIDAVIT OF NON-MILITARY STATUS
Graciela G. Bloch, being duly sworn, says that she is Attorney for Plaintiff in this action,
that she has read the Complaint and that it is true to the best of her knowledge; that Defendants
are not now in the military of the United States, to the best of her information and belief.
Date: June 24, 2024 /s/Graciela G. Bloch
Graciela G. Bloch (#0402571)
graciela@burnshansen.com
8401 Wayzata Boulevard, Suite 300
Minneapolis, MN 55426
Phone: (952) 564-6262
Facsimile: (952) 564-6263
Attorneys for Plaintiff
Subscribed and sworn to before me
this 24th day of June 2024
/s/ Renee A. Hadley My commission expires: January 31, 2027.
Notary Public
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85-CV-24-1127
Filed in District Court
State of Minnesota
6/24/2024 2:19 PM
Lake Village
27 Michigan Lane
Winona, MN 55987
457-3195
Phone: (507) 452-5512 Fax: (507)
NEWBURY
M/\N/\(iEMEN'l' CO.
Lease
This Lease Agreement is entered into on;.
ci LJ!,_ d/b/a 1,J-k 11
r/,v/ ;2 tJ/2--_ oetween Lake Village
M titctured 'ti;;;;,Commumty,. LANDLORD, and
,,},lz" k' °J,) ;? ,, . RESIDENT(S). In add1t1on to Resident, the
a1 frdlle'l'S lt!�f/,
'"
following individuals will occupy the space:
tv\/\vkS rv\ t:. G.:u
Maximum occupancy is two (2) persons per bedroom.
NOTICE TO THE RESIDENT: This Lease is a binding legal document. By signing it you
agree that you fully understand the terms and obligations of the Lease and that you agree to be
bound by everything stated in the Lease. You also agree that you understand the Rules and
Regulations and that you will follow them. A signed copy of this Lease will be furnished to
RESIDENT and the original will be kept at the office of the LANDLORD. This Lease and all
attached exhibits and the Rules and Regulations in effect within the community constitute the
entire agreement between the parties and supersede all other agreements and understandings
1. PREMISES RENTED . . .iV) , J /1
LANDLORD rents to RESIDENT site numberlhi.Xcommonly known as//
' ltUI < t-a �S 2- 0
/
Winona, MN 55987.
This site is comprised of the area on which the home is installed, together with the patio area,
driveway or contiguous parking space(s), if any, and the lawn area which Resident may be
required to maintain as stated in the Lease and/or Rules and Regulations. The site does not have
any fixed boundaries or site lines and the actual size of the site may vary from time to time during
the term of this Lease or any extensions of the Lease, depending upon the size of the
manufactured homes which are, or may be installed on the adjacent sites.
2. MANUFACTURED HOME DESCRIPTION
Make: fr/ M J_ /:1
Model: ,;t/4;,rfl1_ - ?/dle?,,:_it:prl
Serial No: • ,, $,'2_9�-,- ,_�-
Year: :-/=.
/¾l/ , Size:�6K�
No. ofbe�oms: ---�-----
�·
Lien Holder: -----------
Account Number: ---------
4-15-09
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Initials
EXHIBIT A
85-CV-24-1127
Filed in District Court
State of Minnesota
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Lake Village
Lease
Lien Holder Address:
If this information is inaccurate, the inaccuracy shall be deemed just cause for immediate
termination of this Lease. RESIDENT agrees to furnish LANDLORD with the name of any
subsequent lienholder, RESIDENT'S Account Number, and the Lien Holder's Address.
3. TERM OF TENANCY
Subject M esota Statutes 327C, the term of this Lease is month to month commencing:
/ 1
�½
I '';l.-(t/�
4. NOTICES TO LANDLORD
All notices and demands should be mailed or delivered to the Community office which is located
at 27 Michigan Lane, Winona, MN 55987. The office telephone number is (507) 452-5512.
5. SECURITY DEPOSIT
":):?fa 0£
RESIDENT must pay to LANDLORD a security deposit of $ OvU , before
RESIDENT takes possession of the site. The security deposit is to secure RESIDENT'S
performance of the Lease and may be used by LANDLORD for any purpose permitted by law.
The security deposit may not be used by RESIDENT for last month's rent. If the terms of the
Lease are fully performed by RESIDENT, the security deposit will be refunded.
The deposit shall bear simple interest at the rate provided by Minnesota Statute 504.20 as
amended from time to time.
6. MONTHLY RENT
Monthly rent is payable in advance on the first day of each month. Rent is comprised of the
following charges:
[] Base Rent $ 3/S: � per month
[] Premium site $_____ per month
[] Additional vehicle $ _____ per month
[] Pets $_____ per month
[ ] RV Storage Charge $_____ per month
[ ] Other _____ $_____ per month
Rent is to be paid by personal check with the permission of LANDLORD, or by money order.
Cash is not accepted for safety reasons. Rent payments may be mailed to the community office,
paid in person, or placed in the community drop box. A receipt will be provided upon request.
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EXHIBIT A
85-CV-24-1127
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State of Minnesota
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Lake Village
Lease
If RESIDENT does not pay the rent before the sixth (6) day of the month a late fee of Twenty
Five ($25.00) Dollars shall be due, which charge the RESIDENT agrees is reasonable. This
charge shall accrue from the 1st. Late charges shall be considered collectable as rent. A $25.00
fee (or the maximum charge permitted by law, whichever is greater) will be assessed for any
check that is not honored by the bank for any reason. If a check is returned, the payment shall be
deemed late and the late fee shall also be due. Late charges and NSF charges will be considered
to be rent and must be paid together with the monthly rental payment for which they were
assessed.
Acceptance by LANDLORD of a partial payment of the rent due shall not waive the
LANDLORD'S right to terminate this Lease for non-payment of rent, provided RESIDENT and
LANDLORD agree in writing that any notice given to RESIDENT continues in effect. A right of
redemption, as provided by law, is available to RESIDENT in a non-payment of rent action, but
RESIDENT may not exercise this right more than twice in any 12-month period.
RESIDENT'S liability for rent will continue until the home is either; 1) removed from the space
in accordance with the terms of the Lease and Rules and Regulations; 2) sold in accordance with
all provisions regarding in park resales of homes as contained in the Rules and Regulations and
applicable Minnesota law and the Lease has been signed by the new owners of the home; or 3)
repossessed by the lien holder.
Rent may increase upon a 60 day written notice of such increase as provided by Minnesota law.
7. KEYS
LANDLORD has the right to charge $15.00 for any replacement key provided to RESIDENT.
8. UTILITY CHARGES AND SERVICES PROVIDED BY LANDLORD
RESIDENT shall pay all charges made against the site for gas, heat, electricity, telephone, and
cable TV service. LANDLORD currently pays the cost of water and sewer service, however,
LANDLORD reserves the right to individually sub-meter each site and charge RESIDENT for
such service at a future date. RESIDENT will be advised in writing should LANDLORD decide
to exercise this option. If water and sewer usage is submetered and billed to RESIDENT, any
increase in the cost of such service shall not be considered to be a rent increase. LANDLORD
provides garbage collection. RESIDENT consents to LANDLORD entering the premises to
install, read and maintain any meter and related equipment.
9. USE OF PREMISES
RESIDENT agrees to use the site in compliance with this Lease and with the Community Rules
and Regulations and state and local law. RESIDENT is responsible for the acts of all other
occupants in the home and for RESIDENT'S guests and invitees. RESIDENT agrees that he will
not allow controlled substances on the site, in the home or in the common areas within the
community. A breach of this provision will void RESIDENT'S right to possession of the site.
RESIDENT shall not do anything on or about the site or in the common area which would
interfere with the quiet enjoyment of other residents, including but not limited to the discharging
or threatened use of firearms, the operation of any equipment or machinery that is harmful to the
premises or which is disturbing to other residents or the employment of any person or persons in
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£rutia1s
EXHIBIT A
85-CV-24-1127
Filed in District Court
State of Minnesota
6/24/2024 2:19 PM
Lake Village
Lease
the community whose employment may constitute or create a liability on the part of the
LANDLORD.
10. OWNER OF RECORD
Homes must be titled by the state of Minnesota and RESIDENT must be named as owner of the
home. A copy of the title must be provided to LANDLORD.
11. INSTALLATION & REMOVAL OF HOME
RESIDENT agrees that the home shall be installed on the site in accordance with the Community
Rules and Regulations. RESIDENT must notify LANDLORD of RESIDENT'S intention to
remove the home from the site and to terminate tenancy at least 60 days in advance of the date of
removal. The notice must be in writing. Forms for notifying LANDLORD of RESIDENT'S
intention to remove the home are available in the community office. RESIDENT'S failure to
properly notify LANDLORD will result in RESIDENT'S continued liability for rent for an
additional full lease period following LANDLORD'S receipt of the notice. RESIDENT must
also provide LANDLORD written notice 48 hours before the home is moved either in or out of
the community in addition to the notice RESIDENT is required to give to LANDLORD to
terminate the tenancy. LANDLORD has the right to supervise the installation and removal of the
home in order to protect community property or the property of other residents, occupants or
guests. RESIDENT will pay LANDLORD for all damages caused by the installation or the
removal of the home and accessories.
12. IMPROVEMENTS & ALTERATIONS
Resident may not make any improvements or alterations, including landscaping, to the site or
home without the prior written consent of LANDLORD. Any building permits which may be
required by the local government must be obtained by RESIDENT and a copy of the building
permit must be provided to LANDLORD. All improvements and /or alterations must be
performed in accordance with the Community Rules and Regulations. All improvements made to
RESIDENT'S space shall upon termination of tenancy, become the property of LANDLORD,
except decks, existing fences and anchoring systems.
13. MAINTENANCE OF HOME & SITE
RESIDENT must maintain the exterior of the home in accordance with the Community Rules and
Regulations. In the event RESIDENT neglects to maintain the site, LANDLORD will notify
RESIDENT to take corrective action within a reasonable number of days after the date of the
written notice, and if RESIDENT fails to bring the site into compliance within that time,
LANDLORD shall have the right but not the duty to enter upon the site and/or subcontract this
maintenance and said subcontractors have the right to enter the site and perform any and all
necessary maintenance and RESIDENT will be charged based on an hourly rate of $35.00 per
hour with a one (I) hour minimum, which charges shall be deemed rent and collectable as rent
thirty (30) days after RESIDENT is billed for the work performed. LANDLORD reserves the
right to raise or lower said fees, charges, however, RESIDENT shall be provided sixty (60) days
written notice of such change.
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EXHIBIT A
85-CV-24-1127
Filed in District Court
State of Minnesota
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Lake Village
Lease
14. PETS
No animal or pet of any kind shall be kept on the site other than those expressly pennitted by the
Community Rules and Regulations.
15. UTOMOBILE , MOTORCYCLE & OTHER RECREATIONAL
VEHICLES
RESIDENT must obey all Community Rules and Regulations regarding the use, parking or
storage of vehicles in the community. Currently the Community does not provide a common
storage facility.
16. RULES AND REGULATIONS
Resident agrees to comply with the Community Rules and Regulations, a copy of which is given
to RESIDENT with this Lease, together with any additional rules and regulations which may be
lawfully adopted by LANDLORD. RESIDENT will be provided written notice of all changes
sixty (60) days prior to the day the modified rule becomes effective, unless the rule change is
required by government action. Violation of this Lease or any Rule and Regulation may be cause
for tennination of this Lease.
17. EVICTION OF RESIDENT
RESIDENT may be evicted by LANDLORD for any of the following reasons:
a. Failure to pay rent or other charges when due;
b. Refusal to obey a law or government regulation relating to manufactured homes and
communities;
c. Breach of the tenns of this Lease or the Rules and Regulations;
d. Repeated violations of the terms of this Lease, the Rules, or ordinances relating to
manufactured home communities after LANDLORD has given notice that future violations will
result in eviction;
e. Substantial annoyance of other residents or community personal or activities by
RESIDENT which endangers the health or safety of other residents or community personal or
which seriously damages the community or substantially annoys other residents;
f. Closing of all or part of the manufactured home community
g. If LANDLORD intends to make improvements to the community which will
significantly benefit the health and safety of the residents or which has been ordered by a
government agency, and to make those improvements it is necessary to remove RESIDENT'S
home from the community;
h. If RESIDENT gives false infonnation on the community application residency and the
community discovers the false infonnation within one year of the date RESIDENT begins paying
rent.
18. ASSIGNMENT/SUBLEASING & ADDITIONAL OCCUPANTS
This lease shall not be assigned nor shall RESIDENT'S site or home be sublet. The site shall not
be occupied by any person other than those listed on this Lease. RESIDENT shall notify
LANDLORD promptly in writing of any change in the other occupants of the home. Any person
staying more than 14 days which need not be consecutive must register with the LANDLORD
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EXHIBIT A
85-CV-24-1127
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State of Minnesota
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Lake Village
Lease
and apply for residency and qualify under the guidelines set forth in this Lease and the Rules and
Regulations. If not approved, occupant must vacate peacefully and immediately or RESIDENT
shall be deemed to have violated the tenns of the Lease.
19. USE OF CLUBHOUSE
The Community provides a Clubhouse, the common areas of which may be rented for Resident
functions. The rental and use of these facilities are subject to such Rules and Regulations as the
Community may adopt together with the terms of a rental agreement.
20. SALE OF MANUFACTURED HOME
RESIDENT may sell the home through an "in park sale", provided the site and exterior of the
home have been inspected by LANDLORD and are found to be in compliance with applicable
maintenance rules and provided RESIDENT follows the Community Rules and Regulation
applicable to in park sales. LANDLORD may require that RESIDENT or the prospective buyer
take whatever action is necessary to bring the site or the home exterior into compliance with
existing maintenance rules applicable to RESIDENT. LANDLORD may require a deposit for
any deferred maintenance of the home by the buyer, agreed upon by all parties in conjunction
with a written and signed Lease addendum. All site rent and other charges must be paid.
LANDLORD must screen and approve the buyer for residency. The following criteria will be
used by LANDLORD to evaluate the credit worthiness and suitability of prospective buyers:
a. Prior rental references;
b. The prior rental history;
c. Credit history;
d. Criminal history;
e. Character reference;
f. Insufficient periodic income regardless of source;
g. Presence of pets which are un-acceptable pursuant to Community Rules or State or
Local Law;
h. Evidence that the prospective purchaser has provided false or otherwise incorrect
information on application;
i. Failure to provide infonnation required by the application;
j. The refusal of the prospective purchaser to sign a Lease.
k. Management's personal evaluation of the attitude and cooperative nature of the
prospective resident during the application process.
I. Any other facts or factors deemed by management to be significant to evaluation of a
prospective resident.
m. Such other written criteria as may be in effect within the community at the time the
application is processed.
Any contract for an in park sale which is not expressly made contingent on the LANDLORD'S
approval of the buyer as a resident shall be considered void if the residency of the buyer is not
accepted by LANDLORD.
If RESIDENT sells the home in violation of the provision, the Rules and Regulations, or
applicable law, the buyer will be considered to be a trespasser and will be evicted and
RESIDENT will remain responsible for the payment of rent and other charges.
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EXHIBIT A
85-CV-24-1127
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State of Minnesota
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Lake Village
Lease
21. ABANDONMENT
If RESIDENT abandons the home or other personal property, LANDLORD may remove, store
and/or sell the home or other personal property as permitted by Minnesota law. RESIDENT
agrees to pay, all costs and expenses incurred by LANDLORD in moving, storing or selling the
home or other personal property, including reasonable storage charges, court cost and attorney
fees.
22. LANDLORD'S RIGHT OF ENTRY
LANDLORD or LANDLORD'S subcontractor may enter upon the homesite for reasonable
business purposes after making a good faith effort to give RESIDENT reasonable notice of the
intent to enter, unless such notice is not required by law. LANDLORD shall have no right to
enter a manufacture home without the RESIDENT'S prior consent unless LANDLORD needs to
prevent imminent danger to the occupants of the home, other residents of the community or to
community property.
23. CONDITION OF PREMISES
RESIDENT agrees that RESIDENT has carefully inspected the community and site RESIDENT
is renting and has found them to be in the condition as represented by LANDLORD. RESIDENT
acknowledges that there have been no promises made by LANDLORD which are not contained
in this Lease.
24. FIRE TO MANUFACTURED HOME
In the case of fire or other damage to RESIDENT'S home, RESIDENT shall remain responsible
for payment of rent until the home is removed from the site, plus an additional one month's rent
as liquidated damages. Failure of RESIDENT to immediately repair, secure or remove a fire
damaged home is just cause for termination of tenancy.
25. CONDEMNATION
If any portion of the property is taken under the action or power of "eminent domain"
LANDLORD shall be exclusively entitled to any payment or award. RESIDENT will be entitled
to any payment or award based solely to the loss of or damage to RESIDENT'S manufactured
dwelling or other removable personal property.
26. INDEMNIFICATION BY RESIDENT
RESIDENT will indemnify and hold LANDLORD harmless against loss, cost or expense in
connection with the loss of life, personal injury, and/or damage to property or other loss or
damage arising from or out of the occupancy or use of the site by RESIDENT. RESIDENT will
defend LANDLORD from and against any and all claims, actions, damages, liability and
expenses arising out of RESIDENT'S occupancy, including, but not limited to attorney and other
professional fees caused wholly or in part by any act or omission of the RESIDENT, another
occupant, or guest or invitee of RESIDENT.
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EXHIBIT A
85-CV-24-1127
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State of Minnesota
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Lake Village
Lease
27. LIABILITY OF LANDLORD
Except for LANDLORD'S willful failure to perform a duty imposed by law, LANDLORD, it's
agents and employees will not be responsible or liable to RESIDENT, other occupants or to any
guests or visitors for any personal injury, loss or damage to property or for any other loss or
injury whatsoever.
28. MODIFICATION OF AGREEMENT
This Lease constitutes the entire agreement between the parties and, may be modified only by a
writing signed by the parties or as provided by Minnesota Statutes 327C. As provided by
Minnesota Statutes 327C, this Lease and the Rules and Regulations may be changed by the
LANDLORD by giving 60 days written notice of the change.
29. ATTORNEY FEES, COSTS DISBURSEMENTS
In any action under this LEASE, the prevailing party is entitled to an award of reasonable
attorney fees from the non-prevailing party, together with costs. These sums shall be due from
RESIDENT as additional rent.
30. WAIVER
LANDLORD'S failure to enforce any provision of this Lease or the Rules and Regulations will
not be deemed a waiver of LANDLORD'S right to enforce said provisions on future occasions.
TENANT AGREES THAT ACCEPTANCE OF RENT FOLLOWING NOTICE OF DEF AULT
OR TERMINATION SHALL NOT WAIVE ANY RIGHTS OF LANDLORD TO RECOVER
POSSESSION OF THE PREMISES.
31. SEVERANCE CLAUSE
If any provision of this Lease or any document incorporated into this Lease is ruled invalid or
otherwise unenforceable, the remainder of the Lease or other document will not be affected and
each other term and provision will be valid and enforceable to the fullest extent permitted by law.
32. MISCELLANEOUS PROVISIONS
a. This Lease is subordinate to any mortgage given by LANDLORD to any mortgagee.
RESIDENT agrees to promptly execute any document acknowledging the subordinate interest of
RESIDENT to any mortgage. LANDLORD has the right to assign this Lease to any mortgagee
holding a mortgage, now or in the future, on the manufactured home community. At
LANDLORD'S request RESIDENT must execute promptly and deliver such documents as may
be required in order to accomplish such assignment.
b. The obligations of this Lease are binding on and are for the benefit of LANDLORD
and RESIDENT and their respective successors in interest, heirs and representatives.
c. This Lease shall be interpreted according to the laws of the State of Minnesota.
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EXHIBIT A
85-CV-24-1127
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Lake Village
Lease
d. In any provision of this Lease, reference to the singular includes the plural, the plural,
the singular. The reference to the male gender includes the female gender, as the context
requires.
By executing this lease, RESIDENT acknowledges that RESIDENT has received a copy of
this Lease and a copy of the Rules and Regulations which are incorporated into this Lease.
Resident also acknowledges receipt of the Important Notice, and the Lease Addendum for a
Drug and Crime Free Community. Resident acknowledges that RESIDENT has read the
above and understands them and is willing to abide by this Lease.
Signatures
In each others presence the parties have signed this lease on the date written below.
RE IDENT
RESIDENT
2-
�;l(-1
Mr•
LANDLORD:
Lake Village Associates, LP d/b/a
Lake Village anufactured Home Community
By:
DATE
4-15-09
EXHIBIT A
85-CV-24-1127
Filed in District Court
State of Minnesota
6/24/2024 2:19 PM
Lake Village
Addendum for a Crime Free/Drug Free Community
[n consideration of the execution of the Lake Village Manufactured Home Community's Month-to-Month
Lease, Owner and Resident(s) agree as follows:
I. Resident(s), any members of the resident's household or a guest or other person under the
resident's control shall not engage in criminal activity, including drug-related criminal activity, on or near
the said premises. "Drug - related criminal activity" means the illegal manufacture, sale, distribution, use
or possession with intent to manufacture, sell, distribute or use of a controlled substance (as defined in
Section I 02 or the Controlled Substance Act [21 U.S.C. 802]).
2. Resident(s), any member of the resident's household or a guest or other person under the
resident's control shall not engage in any act intended to facilitate criminal activity, including drug
related criminal activity, on or near the said premises.
3. Resident(s) or members of the household will not permit the dwelling to be used for, or to
facilitate criminal activity. including drug-related criminal activity, regardless of whether the individual
engaging in such activity is a member of the household.
4. Resident(s) or members of the household will not engage in the manufacture, sale, or
distribution of illegal drugs at any location, whether on or near the homesite or otherwise.
5. Resident(s), any member of the resident's household or a guest or other person under the
resident's control shall not engage in acts of violence or threats of violence, including but not limited to
the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other
breach of the rental agreement that otherwise jeopardizes the health, safety, or welfare of the landlord, his
agents, or residents.
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATER[AL
VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF RESIDENCY. A single
violation of any of the provisions of this added addendum shall be deemed a serious violation and
material non-compliance with the lease. It is understood and agreed that a single violation shall be good
cause for the termination of the lease. Unless otherwise provided by law, proof of violation shall not
require criminal conviction but shall be by the preponderance of the evidence.
7. In case of conflict between the provision of this addendum and any other provision of the
Lease, the provisions of the addendum shall govern.
8. This LEASE ADDENDUM is incorporated into the Lease executed or renewed this day
between Lake Village and Resident(s).
Date signed:
(Resident)
Date Signed: --1-4--�4_-...._( :2
____
10
4-15-09
EXHIBIT A
85-CV-24-1127
Filed in District Court
State of Minnesota
6/24/2024 2:19 PM
Lake Village
RELEASE AND WAIYER
In consideration of being granted the right to use the lake (gravel pit) and related facilities, I, __
c:l?/:< �.41...
[RESIDENT(S)], hereby release Lake Village Associates Limited Partnership
and Lake Village, hereinafter collectively referred to as Park, from any and all claims, demands, damages,
actions, and causes of action on account of or arising from damage to property, personal injury, or death
resulting from or arising from any action, omission, or circumstance surrounding my use of the lake
(gravel pit) and related facilities owned by the Park in Winona, Minnesota.
I understand that my use of the lake (gravel pit) and related facilities is a revocable license and is
not a privilege granted to me by reason of any lease agreement for mobile home lot rental in the Lake
Village Manufactured Home Community. My right to use the lake (gravel pit) and related facilities is a
separate privilege subject to immediate revocation by the Park upon the misuse or abuse of the lake
(gravel pit) and facilities for swimming, fishing, boating, sunbathing, and other recreational activities by
myself, my family, or guests.
Further, I agree to indemnify and hold harmless the Park against all losses, including attorney
fees, costs and expenses, by reason of any claims, demands, actions, damages, and causes of actions on
account of property damage, personal injury, or death in any matter connected with the use of the lake
(gravel pit) and facilities caused by myself, my family, or my guests.
I acknowledge that I have signed this Release and Waiver voluntarily and with full understanding
of its terms. I further acknowledge the receipt of valuable consideration in return for execution of this
Release and Waiver knowing that I would not be permitted to use the lake (gravel pit) and facilities
without executing the Release and Waiver.
I am at least 18 years of age and under no mental disability.
Resident ignature{s)
11
4-15-09
EXHIBIT A
85-CV-24-1127
Filed in District Court
State of Minnesota
6/24/2024 2:19 PM
Lake Village
27 Michigan Lane
Winona, MN 55987
Phone: (507) 452-5512 Fax: (507) 457-3195
NEWBURY
MANA(il!MENT C"O.
Guaranty
ee 1e t of Lake Village Associates, LP to lease site/lJJ, ;;?l)
' the
to
(Name of Resident)
sufficiency of which is acknowledged, unconditionally guarantees performance of all of the terms and
provisions of the attached lease, the rules and regulations now or hereafter in effect within the park,
together with all payments required thereunder.
Nothing herein grants the undersigned any right to occupy any portion of the community without the
prior written approval of the management.
IN WITNESS WHEREOF the undersigned has set his/her hand this _!j_ day of _!j_ 201_2-
4--y-12--
Date Guarantor Date
Address Address
City, State Zip City, State Zip
4-15-09
EXHIBIT A
85-CV-24-1127
Filed in District Court
State of Minnesota
6/24/2024 2:19 PM
May 10, 2024
VIA U.S. CERTIFIED MAIL AND FIRST CLASS MAIL KIRK@BURNSHANSEN.COM
Mark McGill Direct Dial: (952) 564-6264
And all other occupants of
20 Mill Lacs Lane
Winona, MN 55987
Re: 30 Day Notice to Vacate
Court File: Pending
Dear Mr. McGill:
Our office represents your Landlord, Lake Village Manufactured Home Community. This letter
shall constitute your 30-day Notice to Vacate, pursuant to Minnesota Stat. 327C.09, Subd. 3: Violations of
Law, Subd. 4: Rule Violations, and Subd. 5: Endangerment. The Grounds for this notice are:
- Threats, intimidation, and harassment of park staff, specifically, your threat to shoot a
Lake Village employee who delivered you a notice on May 8, 2024 (Lease § 17.(e),
Rules § 24, Minn. Stat 504B.1717 Subd (1)(b)).
Your violation of Section 17.(e) of your lease by threatening is not curable. You must vacate Lake
Village Mobile Home Community by 4:30 p.m., on Monday, June 14, 2024. If you fail to do so, our
client5 will immediately commence an eviction action against you.
Furthermore, this letter shall serve as notice that you are not allowed on the site of the Lake Village
office. If you enter onto the office site, you will be reported for trespassing. All communication with Lake
Village must be in writing.
If you have any questions, please contact our office.
Very truly yours,
/s/Kirk A. Tisher
Kirk A. Tisher
Attorney at Law
KAT/rah
cc: Client (via email)
8401Wayzata Boulevard, Suite 300, Minneapolis, Minnesota 55426
Telephone: 952.564.6262 Facsimile: 952.564.6263 www.burnshansen.com EXHIBIT B
Preview
85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF WINONA THIRD JUDICIAL DISTRICT CASE TYPE: EVICTION Lake Village Associates, L.P., d/b/a Lake Court File No.: Village Manufactured Home Community, Plaintiff, vs. COMPLAINT Mark Francis McGill, John Doe, Jane Doe, Defendants. Plaintiff, Lake Village Associates, L.P., d/b/a Lake Village Manufactured Home Community, (“Plaintiff”), as and for its Complaint in the above-captioned matter, does hereby state and allege as follows: 1. Plaintiff owns the real property located 20 Mille Lacs Lane, Winona, Minnesota 55987 (“the Property”). 2. Defendant Mark Francis McGill (“Defendant”) is the leasing tenant for the Property. 3. John Doe and Jane Doe are persons unknown to Plaintiff who may reside on the Property. 4. On or about April 4, 2012, Plaintiff and Defendant entered into a written rental Lease agreement. A true and correct copy of the agreement is attached as Exhibit A. 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM 5. The Lease prohibits criminal activity on or near the Property, including threats, intimidation, and harassment of park staff. Exhibit A, paragraph 17(e), and page 10 (Crime Free Addendum) at 5. 6. On May 8, 2024, Lake Village staff attempted to deliver a 30-day Notice to Correct or Vacate due to Defendant’s breach of Lake Village’s Rules and Regulations. 7. Defendant became agitated and relayed to the staff member that he had guns in his trailer and stated, “I’ll shoot you right now.” He then crumbled the notice and threw it at the staff member. 8. Said staff member asked Defendant if he was threatening him, to which Defendant confirmed he was indeed threatening him. Plaintiff immediately called the police. 9. Upon Law Enforcement’s arrival, Defendant continued his verbal aggression and hostility towards law enforcement. 10. Threats, intimidation, and harassment of park staff, specifically threats to shoot a Lake Village employee, constitute a violation of the parties’ Lease Agreement and Minnesota Statute 504B.171, Subd. (1)(b). 11. Defendants’ violations of the Crime Free Addendum and Minnesota Law grounds for an immediate Lease Termination and Eviction under Minnesota Statute Section 504.171. 12. On May 10, 2024, Plaintiff’s counsel sent Defendant a 30-day Notice to Vacate pursuant to Minnesota Stat. 327C.09, Subdivisions 3-5. Exhibit B. 13. Defendant failed to vacate. 14. Defendant is still in possession of the property. 2 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM WHEREFORE, Plaintiff demands judgment against Defendant for restitution of said premises plus costs and disbursements herein. BURNS & HANSEN P.A. Date: June 24, 2024 /s/ Graciela G. Bloch Kirk A. Tisher (0397712) kirk@burnshansen.com Jeffrey Domingues (0401203) jeffrey@burnshansen.com Daniel Roach (0398510) daniel@burnshansen.com Graciela G. Bloch (0402571) Graciela@burnshansen.com 8401 Wayzata Boulevard, Suite 300 Minneapolis, Minnesota 55426 Telephone: 952.564.6262 Fax: 952.564.6262 ACKNOWLEDGMENT The undersigned hereby acknowledges that pursuant to Minnesota Statutes Section to respond, the Court determines that the undersigned has violated the provisions of Minnesota Statutes Section 549.211, subdivision 2. BURNS & HANSEN P.A. Date: June 24, 2024 /s/ Graciela G. Bloch Kirk A. Tisher (0397712) kirk@burnshansen.com Jeffrey Domingues (0401203) jeffrey@burnshansen.com Daniel Roach (0398510) daniel@burnshansen.com Graciela G. Bloch (0402571) Graciela@burnshansen.com 8401 Wayzata Boulevard, Suite 300 Minneapolis, Minnesota 55426 Telephone: 952.564.6262 Fax: 952.564.6262 3 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM VERIFICATION AND AFFIDAVIT OF NON-MILITARY STATUS Graciela G. Bloch, being duly sworn, says that she is Attorney for Plaintiff in this action, that she has read the Complaint and that it is true to the best of her knowledge; that Defendants are not now in the military of the United States, to the best of her information and belief. Date: June 24, 2024 /s/Graciela G. Bloch Graciela G. Bloch (#0402571) graciela@burnshansen.com 8401 Wayzata Boulevard, Suite 300 Minneapolis, MN 55426 Phone: (952) 564-6262 Facsimile: (952) 564-6263 Attorneys for Plaintiff Subscribed and sworn to before me this 24th day of June 2024 /s/ Renee A. Hadley My commission expires: January 31, 2027. Notary Public 4 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village 27 Michigan Lane Winona, MN 55987 457-3195 Phone: (507) 452-5512 Fax: (507) NEWBURY M/\N/\(iEMEN'l' CO. Lease This Lease Agreement is entered into on;. ci LJ!,_ d/b/a 1,J-k 11 r/,v/ ;2 tJ/2--_ oetween Lake Village M titctured 'ti;;;;,Commumty,. LANDLORD, and ,,},lz" k' °J,) ;? ,, . RESIDENT(S). In add1t1on to Resident, the a1 frdlle'l'S lt!�f/, '" following individuals will occupy the space: tv\/\vkS rv\ t:. G.:u Maximum occupancy is two (2) persons per bedroom. NOTICE TO THE RESIDENT: This Lease is a binding legal document. By signing it you agree that you fully understand the terms and obligations of the Lease and that you agree to be bound by everything stated in the Lease. You also agree that you understand the Rules and Regulations and that you will follow them. A signed copy of this Lease will be furnished to RESIDENT and the original will be kept at the office of the LANDLORD. This Lease and all attached exhibits and the Rules and Regulations in effect within the community constitute the entire agreement between the parties and supersede all other agreements and understandings 1. PREMISES RENTED . . .iV) , J /1 LANDLORD rents to RESIDENT site numberlhi.Xcommonly known as// ' ltUI < t-a �S 2- 0 / Winona, MN 55987. This site is comprised of the area on which the home is installed, together with the patio area, driveway or contiguous parking space(s), if any, and the lawn area which Resident may be required to maintain as stated in the Lease and/or Rules and Regulations. The site does not have any fixed boundaries or site lines and the actual size of the site may vary from time to time during the term of this Lease or any extensions of the Lease, depending upon the size of the manufactured homes which are, or may be installed on the adjacent sites. 2. MANUFACTURED HOME DESCRIPTION Make: fr/ M J_ /:1 Model: ,;t/4;,rfl1_ - ?/dle?,,:_it:prl Serial No: • ,, $,'2_9�-,- ,_�- Year: :-/=. /¾l/ , Size:�6K� No. ofbe�oms: ---�----- �· Lien Holder: ----------- Account Number: --------- 4-15-09 b\t:M Initials EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village Lease Lien Holder Address: If this information is inaccurate, the inaccuracy shall be deemed just cause for immediate termination of this Lease. RESIDENT agrees to furnish LANDLORD with the name of any subsequent lienholder, RESIDENT'S Account Number, and the Lien Holder's Address. 3. TERM OF TENANCY Subject M esota Statutes 327C, the term of this Lease is month to month commencing: / 1 �½ I '';l.-(t/� 4. NOTICES TO LANDLORD All notices and demands should be mailed or delivered to the Community office which is located at 27 Michigan Lane, Winona, MN 55987. The office telephone number is (507) 452-5512. 5. SECURITY DEPOSIT ":):?fa 0£ RESIDENT must pay to LANDLORD a security deposit of $ OvU , before RESIDENT takes possession of the site. The security deposit is to secure RESIDENT'S performance of the Lease and may be used by LANDLORD for any purpose permitted by law. The security deposit may not be used by RESIDENT for last month's rent. If the terms of the Lease are fully performed by RESIDENT, the security deposit will be refunded. The deposit shall bear simple interest at the rate provided by Minnesota Statute 504.20 as amended from time to time. 6. MONTHLY RENT Monthly rent is payable in advance on the first day of each month. Rent is comprised of the following charges: [] Base Rent $ 3/S: � per month [] Premium site $_____ per month [] Additional vehicle $ _____ per month [] Pets $_____ per month [ ] RV Storage Charge $_____ per month [ ] Other _____ $_____ per month Rent is to be paid by personal check with the permission of LANDLORD, or by money order. Cash is not accepted for safety reasons. Rent payments may be mailed to the community office, paid in person, or placed in the community drop box. A receipt will be provided upon request. 2 MflVl 4-15-09 1 aiLiaJs EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village Lease If RESIDENT does not pay the rent before the sixth (6) day of the month a late fee of Twenty Five ($25.00) Dollars shall be due, which charge the RESIDENT agrees is reasonable. This charge shall accrue from the 1st. Late charges shall be considered collectable as rent. A $25.00 fee (or the maximum charge permitted by law, whichever is greater) will be assessed for any check that is not honored by the bank for any reason. If a check is returned, the payment shall be deemed late and the late fee shall also be due. Late charges and NSF charges will be considered to be rent and must be paid together with the monthly rental payment for which they were assessed. Acceptance by LANDLORD of a partial payment of the rent due shall not waive the LANDLORD'S right to terminate this Lease for non-payment of rent, provided RESIDENT and LANDLORD agree in writing that any notice given to RESIDENT continues in effect. A right of redemption, as provided by law, is available to RESIDENT in a non-payment of rent action, but RESIDENT may not exercise this right more than twice in any 12-month period. RESIDENT'S liability for rent will continue until the home is either; 1) removed from the space in accordance with the terms of the Lease and Rules and Regulations; 2) sold in accordance with all provisions regarding in park resales of homes as contained in the Rules and Regulations and applicable Minnesota law and the Lease has been signed by the new owners of the home; or 3) repossessed by the lien holder. Rent may increase upon a 60 day written notice of such increase as provided by Minnesota law. 7. KEYS LANDLORD has the right to charge $15.00 for any replacement key provided to RESIDENT. 8. UTILITY CHARGES AND SERVICES PROVIDED BY LANDLORD RESIDENT shall pay all charges made against the site for gas, heat, electricity, telephone, and cable TV service. LANDLORD currently pays the cost of water and sewer service, however, LANDLORD reserves the right to individually sub-meter each site and charge RESIDENT for such service at a future date. RESIDENT will be advised in writing should LANDLORD decide to exercise this option. If water and sewer usage is submetered and billed to RESIDENT, any increase in the cost of such service shall not be considered to be a rent increase. LANDLORD provides garbage collection. RESIDENT consents to LANDLORD entering the premises to install, read and maintain any meter and related equipment. 9. USE OF PREMISES RESIDENT agrees to use the site in compliance with this Lease and with the Community Rules and Regulations and state and local law. RESIDENT is responsible for the acts of all other occupants in the home and for RESIDENT'S guests and invitees. RESIDENT agrees that he will not allow controlled substances on the site, in the home or in the common areas within the community. A breach of this provision will void RESIDENT'S right to possession of the site. RESIDENT shall not do anything on or about the site or in the common area which would interfere with the quiet enjoyment of other residents, including but not limited to the discharging or threatened use of firearms, the operation of any equipment or machinery that is harmful to the premises or which is disturbing to other residents or the employment of any person or persons in 3 4-15-09 lMf\b. £rutia1s EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village Lease the community whose employment may constitute or create a liability on the part of the LANDLORD. 10. OWNER OF RECORD Homes must be titled by the state of Minnesota and RESIDENT must be named as owner of the home. A copy of the title must be provided to LANDLORD. 11. INSTALLATION & REMOVAL OF HOME RESIDENT agrees that the home shall be installed on the site in accordance with the Community Rules and Regulations. RESIDENT must notify LANDLORD of RESIDENT'S intention to remove the home from the site and to terminate tenancy at least 60 days in advance of the date of removal. The notice must be in writing. Forms for notifying LANDLORD of RESIDENT'S intention to remove the home are available in the community office. RESIDENT'S failure to properly notify LANDLORD will result in RESIDENT'S continued liability for rent for an additional full lease period following LANDLORD'S receipt of the notice. RESIDENT must also provide LANDLORD written notice 48 hours before the home is moved either in or out of the community in addition to the notice RESIDENT is required to give to LANDLORD to terminate the tenancy. LANDLORD has the right to supervise the installation and removal of the home in order to protect community property or the property of other residents, occupants or guests. RESIDENT will pay LANDLORD for all damages caused by the installation or the removal of the home and accessories. 12. IMPROVEMENTS & ALTERATIONS Resident may not make any improvements or alterations, including landscaping, to the site or home without the prior written consent of LANDLORD. Any building permits which may be required by the local government must be obtained by RESIDENT and a copy of the building permit must be provided to LANDLORD. All improvements and /or alterations must be performed in accordance with the Community Rules and Regulations. All improvements made to RESIDENT'S space shall upon termination of tenancy, become the property of LANDLORD, except decks, existing fences and anchoring systems. 13. MAINTENANCE OF HOME & SITE RESIDENT must maintain the exterior of the home in accordance with the Community Rules and Regulations. In the event RESIDENT neglects to maintain the site, LANDLORD will notify RESIDENT to take corrective action within a reasonable number of days after the date of the written notice, and if RESIDENT fails to bring the site into compliance within that time, LANDLORD shall have the right but not the duty to enter upon the site and/or subcontract this maintenance and said subcontractors have the right to enter the site and perform any and all necessary maintenance and RESIDENT will be charged based on an hourly rate of $35.00 per hour with a one (I) hour minimum, which charges shall be deemed rent and collectable as rent thirty (30) days after RESIDENT is billed for the work performed. LANDLORD reserves the right to raise or lower said fees, charges, however, RESIDENT shall be provided sixty (60) days written notice of such change. 4 4-15-09 1WY'"- 11iitia1s EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village Lease 14. PETS No animal or pet of any kind shall be kept on the site other than those expressly pennitted by the Community Rules and Regulations. 15. UTOMOBILE , MOTORCYCLE & OTHER RECREATIONAL VEHICLES RESIDENT must obey all Community Rules and Regulations regarding the use, parking or storage of vehicles in the community. Currently the Community does not provide a common storage facility. 16. RULES AND REGULATIONS Resident agrees to comply with the Community Rules and Regulations, a copy of which is given to RESIDENT with this Lease, together with any additional rules and regulations which may be lawfully adopted by LANDLORD. RESIDENT will be provided written notice of all changes sixty (60) days prior to the day the modified rule becomes effective, unless the rule change is required by government action. Violation of this Lease or any Rule and Regulation may be cause for tennination of this Lease. 17. EVICTION OF RESIDENT RESIDENT may be evicted by LANDLORD for any of the following reasons: a. Failure to pay rent or other charges when due; b. Refusal to obey a law or government regulation relating to manufactured homes and communities; c. Breach of the tenns of this Lease or the Rules and Regulations; d. Repeated violations of the terms of this Lease, the Rules, or ordinances relating to manufactured home communities after LANDLORD has given notice that future violations will result in eviction; e. Substantial annoyance of other residents or community personal or activities by RESIDENT which endangers the health or safety of other residents or community personal or which seriously damages the community or substantially annoys other residents; f. Closing of all or part of the manufactured home community g. If LANDLORD intends to make improvements to the community which will significantly benefit the health and safety of the residents or which has been ordered by a government agency, and to make those improvements it is necessary to remove RESIDENT'S home from the community; h. If RESIDENT gives false infonnation on the community application residency and the community discovers the false infonnation within one year of the date RESIDENT begins paying rent. 18. ASSIGNMENT/SUBLEASING & ADDITIONAL OCCUPANTS This lease shall not be assigned nor shall RESIDENT'S site or home be sublet. The site shall not be occupied by any person other than those listed on this Lease. RESIDENT shall notify LANDLORD promptly in writing of any change in the other occupants of the home. Any person staying more than 14 days which need not be consecutive must register with the LANDLORD 5 't-'\fv,\_ 4-15-09 Initials EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village Lease and apply for residency and qualify under the guidelines set forth in this Lease and the Rules and Regulations. If not approved, occupant must vacate peacefully and immediately or RESIDENT shall be deemed to have violated the tenns of the Lease. 19. USE OF CLUBHOUSE The Community provides a Clubhouse, the common areas of which may be rented for Resident functions. The rental and use of these facilities are subject to such Rules and Regulations as the Community may adopt together with the terms of a rental agreement. 20. SALE OF MANUFACTURED HOME RESIDENT may sell the home through an "in park sale", provided the site and exterior of the home have been inspected by LANDLORD and are found to be in compliance with applicable maintenance rules and provided RESIDENT follows the Community Rules and Regulation applicable to in park sales. LANDLORD may require that RESIDENT or the prospective buyer take whatever action is necessary to bring the site or the home exterior into compliance with existing maintenance rules applicable to RESIDENT. LANDLORD may require a deposit for any deferred maintenance of the home by the buyer, agreed upon by all parties in conjunction with a written and signed Lease addendum. All site rent and other charges must be paid. LANDLORD must screen and approve the buyer for residency. The following criteria will be used by LANDLORD to evaluate the credit worthiness and suitability of prospective buyers: a. Prior rental references; b. The prior rental history; c. Credit history; d. Criminal history; e. Character reference; f. Insufficient periodic income regardless of source; g. Presence of pets which are un-acceptable pursuant to Community Rules or State or Local Law; h. Evidence that the prospective purchaser has provided false or otherwise incorrect information on application; i. Failure to provide infonnation required by the application; j. The refusal of the prospective purchaser to sign a Lease. k. Management's personal evaluation of the attitude and cooperative nature of the prospective resident during the application process. I. Any other facts or factors deemed by management to be significant to evaluation of a prospective resident. m. Such other written criteria as may be in effect within the community at the time the application is processed. Any contract for an in park sale which is not expressly made contingent on the LANDLORD'S approval of the buyer as a resident shall be considered void if the residency of the buyer is not accepted by LANDLORD. If RESIDENT sells the home in violation of the provision, the Rules and Regulations, or applicable law, the buyer will be considered to be a trespasser and will be evicted and RESIDENT will remain responsible for the payment of rent and other charges. 6 4-15-09 EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village Lease 21. ABANDONMENT If RESIDENT abandons the home or other personal property, LANDLORD may remove, store and/or sell the home or other personal property as permitted by Minnesota law. RESIDENT agrees to pay, all costs and expenses incurred by LANDLORD in moving, storing or selling the home or other personal property, including reasonable storage charges, court cost and attorney fees. 22. LANDLORD'S RIGHT OF ENTRY LANDLORD or LANDLORD'S subcontractor may enter upon the homesite for reasonable business purposes after making a good faith effort to give RESIDENT reasonable notice of the intent to enter, unless such notice is not required by law. LANDLORD shall have no right to enter a manufacture home without the RESIDENT'S prior consent unless LANDLORD needs to prevent imminent danger to the occupants of the home, other residents of the community or to community property. 23. CONDITION OF PREMISES RESIDENT agrees that RESIDENT has carefully inspected the community and site RESIDENT is renting and has found them to be in the condition as represented by LANDLORD. RESIDENT acknowledges that there have been no promises made by LANDLORD which are not contained in this Lease. 24. FIRE TO MANUFACTURED HOME In the case of fire or other damage to RESIDENT'S home, RESIDENT shall remain responsible for payment of rent until the home is removed from the site, plus an additional one month's rent as liquidated damages. Failure of RESIDENT to immediately repair, secure or remove a fire damaged home is just cause for termination of tenancy. 25. CONDEMNATION If any portion of the property is taken under the action or power of "eminent domain" LANDLORD shall be exclusively entitled to any payment or award. RESIDENT will be entitled to any payment or award based solely to the loss of or damage to RESIDENT'S manufactured dwelling or other removable personal property. 26. INDEMNIFICATION BY RESIDENT RESIDENT will indemnify and hold LANDLORD harmless against loss, cost or expense in connection with the loss of life, personal injury, and/or damage to property or other loss or damage arising from or out of the occupancy or use of the site by RESIDENT. RESIDENT will defend LANDLORD from and against any and all claims, actions, damages, liability and expenses arising out of RESIDENT'S occupancy, including, but not limited to attorney and other professional fees caused wholly or in part by any act or omission of the RESIDENT, another occupant, or guest or invitee of RESIDENT. 7 f� 4-15-09 \\.\ Initials EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village Lease 27. LIABILITY OF LANDLORD Except for LANDLORD'S willful failure to perform a duty imposed by law, LANDLORD, it's agents and employees will not be responsible or liable to RESIDENT, other occupants or to any guests or visitors for any personal injury, loss or damage to property or for any other loss or injury whatsoever. 28. MODIFICATION OF AGREEMENT This Lease constitutes the entire agreement between the parties and, may be modified only by a writing signed by the parties or as provided by Minnesota Statutes 327C. As provided by Minnesota Statutes 327C, this Lease and the Rules and Regulations may be changed by the LANDLORD by giving 60 days written notice of the change. 29. ATTORNEY FEES, COSTS DISBURSEMENTS In any action under this LEASE, the prevailing party is entitled to an award of reasonable attorney fees from the non-prevailing party, together with costs. These sums shall be due from RESIDENT as additional rent. 30. WAIVER LANDLORD'S failure to enforce any provision of this Lease or the Rules and Regulations will not be deemed a waiver of LANDLORD'S right to enforce said provisions on future occasions. TENANT AGREES THAT ACCEPTANCE OF RENT FOLLOWING NOTICE OF DEF AULT OR TERMINATION SHALL NOT WAIVE ANY RIGHTS OF LANDLORD TO RECOVER POSSESSION OF THE PREMISES. 31. SEVERANCE CLAUSE If any provision of this Lease or any document incorporated into this Lease is ruled invalid or otherwise unenforceable, the remainder of the Lease or other document will not be affected and each other term and provision will be valid and enforceable to the fullest extent permitted by law. 32. MISCELLANEOUS PROVISIONS a. This Lease is subordinate to any mortgage given by LANDLORD to any mortgagee. RESIDENT agrees to promptly execute any document acknowledging the subordinate interest of RESIDENT to any mortgage. LANDLORD has the right to assign this Lease to any mortgagee holding a mortgage, now or in the future, on the manufactured home community. At LANDLORD'S request RESIDENT must execute promptly and deliver such documents as may be required in order to accomplish such assignment. b. The obligations of this Lease are binding on and are for the benefit of LANDLORD and RESIDENT and their respective successors in interest, heirs and representatives. c. This Lease shall be interpreted according to the laws of the State of Minnesota. 8 lrAtlf" 4-15-09 r;itials EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village Lease d. In any provision of this Lease, reference to the singular includes the plural, the plural, the singular. The reference to the male gender includes the female gender, as the context requires. By executing this lease, RESIDENT acknowledges that RESIDENT has received a copy of this Lease and a copy of the Rules and Regulations which are incorporated into this Lease. Resident also acknowledges receipt of the Important Notice, and the Lease Addendum for a Drug and Crime Free Community. Resident acknowledges that RESIDENT has read the above and understands them and is willing to abide by this Lease. Signatures In each others presence the parties have signed this lease on the date written below. RE IDENT RESIDENT 2- �;l(-1 Mr• LANDLORD: Lake Village Associates, LP d/b/a Lake Village anufactured Home Community By: DATE 4-15-09 EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village Addendum for a Crime Free/Drug Free Community [n consideration of the execution of the Lake Village Manufactured Home Community's Month-to-Month Lease, Owner and Resident(s) agree as follows: I. Resident(s), any members of the resident's household or a guest or other person under the resident's control shall not engage in criminal activity, including drug-related criminal activity, on or near the said premises. "Drug - related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use of a controlled substance (as defined in Section I 02 or the Controlled Substance Act [21 U.S.C. 802]). 2. Resident(s), any member of the resident's household or a guest or other person under the resident's control shall not engage in any act intended to facilitate criminal activity, including drug related criminal activity, on or near the said premises. 3. Resident(s) or members of the household will not permit the dwelling to be used for, or to facilitate criminal activity. including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household. 4. Resident(s) or members of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any location, whether on or near the homesite or otherwise. 5. Resident(s), any member of the resident's household or a guest or other person under the resident's control shall not engage in acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the rental agreement that otherwise jeopardizes the health, safety, or welfare of the landlord, his agents, or residents. 6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATER[AL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF RESIDENCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and material non-compliance with the lease. It is understood and agreed that a single violation shall be good cause for the termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction but shall be by the preponderance of the evidence. 7. In case of conflict between the provision of this addendum and any other provision of the Lease, the provisions of the addendum shall govern. 8. This LEASE ADDENDUM is incorporated into the Lease executed or renewed this day between Lake Village and Resident(s). Date signed: (Resident) Date Signed: --1-4--�4_-...._( :2 ____ 10 4-15-09 EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village RELEASE AND WAIYER In consideration of being granted the right to use the lake (gravel pit) and related facilities, I, __ c:l?/:< �.41... [RESIDENT(S)], hereby release Lake Village Associates Limited Partnership and Lake Village, hereinafter collectively referred to as Park, from any and all claims, demands, damages, actions, and causes of action on account of or arising from damage to property, personal injury, or death resulting from or arising from any action, omission, or circumstance surrounding my use of the lake (gravel pit) and related facilities owned by the Park in Winona, Minnesota. I understand that my use of the lake (gravel pit) and related facilities is a revocable license and is not a privilege granted to me by reason of any lease agreement for mobile home lot rental in the Lake Village Manufactured Home Community. My right to use the lake (gravel pit) and related facilities is a separate privilege subject to immediate revocation by the Park upon the misuse or abuse of the lake (gravel pit) and facilities for swimming, fishing, boating, sunbathing, and other recreational activities by myself, my family, or guests. Further, I agree to indemnify and hold harmless the Park against all losses, including attorney fees, costs and expenses, by reason of any claims, demands, actions, damages, and causes of actions on account of property damage, personal injury, or death in any matter connected with the use of the lake (gravel pit) and facilities caused by myself, my family, or my guests. I acknowledge that I have signed this Release and Waiver voluntarily and with full understanding of its terms. I further acknowledge the receipt of valuable consideration in return for execution of this Release and Waiver knowing that I would not be permitted to use the lake (gravel pit) and facilities without executing the Release and Waiver. I am at least 18 years of age and under no mental disability. Resident ignature{s) 11 4-15-09 EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM Lake Village 27 Michigan Lane Winona, MN 55987 Phone: (507) 452-5512 Fax: (507) 457-3195 NEWBURY MANA(il!MENT C"O. Guaranty ee 1e t of Lake Village Associates, LP to lease site/lJJ, ;;?l) ' the to (Name of Resident) sufficiency of which is acknowledged, unconditionally guarantees performance of all of the terms and provisions of the attached lease, the rules and regulations now or hereafter in effect within the park, together with all payments required thereunder. Nothing herein grants the undersigned any right to occupy any portion of the community without the prior written approval of the management. IN WITNESS WHEREOF the undersigned has set his/her hand this _!j_ day of _!j_ 201_2- 4--y-12-- Date Guarantor Date Address Address City, State Zip City, State Zip 4-15-09 EXHIBIT A 85-CV-24-1127 Filed in District Court State of Minnesota 6/24/2024 2:19 PM May 10, 2024 VIA U.S. CERTIFIED MAIL AND FIRST CLASS MAIL KIRK@BURNSHANSEN.COM Mark McGill Direct Dial: (952) 564-6264 And all other occupants of 20 Mill Lacs Lane Winona, MN 55987 Re: 30 Day Notice to Vacate Court File: Pending Dear Mr. McGill: Our office represents your Landlord, Lake Village Manufactured Home Community. This letter shall constitute your 30-day Notice to Vacate, pursuant to Minnesota Stat. 327C.09, Subd. 3: Violations of Law, Subd. 4: Rule Violations, and Subd. 5: Endangerment. The Grounds for this notice are: - Threats, intimidation, and harassment of park staff, specifically, your threat to shoot a Lake Village employee who delivered you a notice on May 8, 2024 (Lease § 17.(e), Rules § 24, Minn. Stat 504B.1717 Subd (1)(b)). Your violation of Section 17.(e) of your lease by threatening is not curable. You must vacate Lake Village Mobile Home Community by 4:30 p.m., on Monday, June 14, 2024. If you fail to do so, our client5 will immediately commence an eviction action against you. Furthermore, this letter shall serve as notice that you are not allowed on the site of the Lake Village office. If you enter onto the office site, you will be reported for trespassing. All communication with Lake Village must be in writing. If you have any questions, please contact our office. Very truly yours, /s/Kirk A. Tisher Kirk A. Tisher Attorney at Law KAT/rah cc: Client (via email) 8401Wayzata Boulevard, Suite 300, Minneapolis, Minnesota 55426 Telephone: 952.564.6262 Facsimile: 952.564.6263 www.burnshansen.com EXHIBIT B