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52-CV-24-411
Filed in District Court
State of Minnesota
6/25/2024 3:58 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF NICOLLET FIFTH JUDICIAL DISTRICT
HOUSING COURT
Cal-Am Properties, Inc.
2101 Excalibur Rd
North Mankato, Minnesota 56003
EVICTION ACTION COMPLAINT
Plaintiff,
vs.
Court File No.
JoAnne Beck; John Doe; Jane Doe
2006 Round Table Road
North Mankato, MN 56003
sian _Defendant(s)._ ee
My true and correct name is Patrick Flynn, I am the Attorney for the Plaintiff in the
above-captioned proceeding, and I state under oath that the information contained in this
Complaint is true and correct to the best of my knowledge:
1 Property Information:
a. 2006 Round Table Road
North Mankato, Minnesota 56003
b. The lease does not include a garage or storage unit.
About the Parties:
a. Plaintiff (Landlord): Cal-Am Properties, Inc.
b. Defendant(s): JoAnne Beck
Lease Information:
a. Lease Start Date — April 29, 2002
b. Lease End Date - Month-to-Month
c. Monthly Obligation — $525.00, due on the first day of the month.
Statutory Compliance: Plaintiff, having present right of possession of said property, has
complied with Minn. Stat. § 504B.181: Not less than 30 days before the filing of this action,
Defendant(s) knew the name and address of the person authorized to manage the property,
and a landlord or agent authorized by the landlord to accept service of process and receive
and give receipt for notices and demands because the required information is contained in
various communications between the parties.
Subsidies: Upon information and belief, this tenancy is not affected by a federal or state
housing subsidy program through project-based federal assistance payments; the Section 8
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program, as defined in section 469,002, subdivision 24; the low-income housing tax credit
program; or any other similar program.
Reason for Eviction: Non-Payment of Rent (504B.291/327C.09, subd. 2)
Defendant(s) failed to pay rent in full, and as of June 25, 2024, Defendant(s) are in arrears
$1,134.00, calculated as follows:
Rent and/or Late Fees for May 2024 through June 2024 = $1,134.00
In addition, pursuant to Minn. Stat. § 504B.291, Defendant(s) are required to pay any
additional rent then in arrears, plus costs and expenses of $455.00 (includes the court filing
fee of $300.00, legal process and service fees of $150.00, and $5.00 in attorney fees), and
perform any other covenants of the lease, prior to Defendant(s) redeeming and being restored
to possession. Plaintiff does not waive the right to seek collection, payment, or other legal
action for any amount(s) not pled above.
A pre-eviction notice, attached, was delivered to Defendant(s) pursuant to Minnesota Statute
sections 504B.321, subd. 1a and 327C.09 subd. 2.
Pursuant to Minnesota Statutes section 504B.345, subd. I(a), Plaintiff seeks immediate
judgment against the above Defendant(s) for restitution of said premises, and immediate writ
of recovery of said premises, plus costs and disbursements herein.
Verification and Affidavit of Non Military Status
I, Patrick Flynn, being sworn/affirmed, state that I am the Plaintiff's Attorney in this
action, that I have read the complaint and that it is true to the best of my knowledge; that
Defendant(s) is/are not now in the military service of the United States, to the best of my
information and belief. I acknowledge that costs, disbursements, and reasonable attorney and
witness fees may be awarded pursuant to Minnesota Statutes § 549.211, Subd. (2), to the party
against whom the allegations in these pleadings are asserted. I declare under penalty of perjury
that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.
Landlord Resource Network, LLC
Dated: _June 25, 2024 4s/ Patrick Flynn
Patrick Flynn (#0403107)
STATE OF MINNESOTA ) SS. 225 S. 6th Street, Suite 3900
COUNTY OF HENNEPIN ) Minneapolis, MN 55402
Phone: 612-314-3177
patrick @landlordresource.net
Attorney for Plaintiff
52-CV-24-411
Filed in District Court
State of Minnesota
6/25/2024 3:58 PM
AVALON ESTATES AND CAMELOT ESTATES
LOT RENTAL AGREEMENT
THIS LOT RENTAL AGREEMENT (the “Agreement” or “Lease”) is made effective
as of the 44 day of , 20/9 _, by and between Avalon Estates/ Camelot Estates
(the “Community”), and the following residents:
2Finne.
Brandon Ly
together with those persons identified as an Additional Resident in Section 1.2 and/or living with
the aforementioned individuals (collectively, “Resident”).
ARTICLE 1
LEASE, OCCUPANCY, AND TERM
1.1 Lease. Subject to and upon the terms and conditions set forth herein, and in
consideration of the covenants and obligations of the Community and Resident (collectively,
“Parties”), the Community hereby leases to Resident and Resident hereby rents from_the
Community the manufactured home lot located at the following address:
City of Mankato, Nicollet County, Minnesota 56003, Lot
Number (the “Lot”), at the manufactured home park commonly known as Avalon
Estates/ Camelot Estates (“Park”), Resident hereby agrees that this Agreement is for the lease of
the Lot only, and not for the lease of any manufactured home that may be located thereon.
12 Occupancy. The above-named Resident(s) are the only individuals authorized to
reside in the manufactured home at the Lot. The Residents affirm that the following individuals
are members of Resident’s household (each, an “Additional Resident”) but are not yet 18 years
old:
Name Relationship/Age
oO
Oo
o
o
Resident hereby agrees that any violation of the terms of this Agreement by Resident or any
Additional Resident shall constitute a violation of this Agreement by all individual residents
identified herein. Except for Resident and Additional Residents, no other person may occupy the
Lot or reside in the Resident’s Home (as defined in Section 3.2) for more than fourteen (14) days
each month, without the prior written consent of the Community. Resident and each Additional
Resident are jointly and severally residents of the Resident’s Home, subject to all of the rights
and obligations set forth in this Agreement, including without limitation, payment of the Rent
(defined below). |
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13 Term. The initial term of this Agreement shall be month to month, commencing
on
renew
th ad day f May
and cOnfinue t
B01
the end
(“Commencement Date”); and this Agreement shall automatically
of such initial term on a month-to-month basis thereafter until
terminated by either party as provided herein (“Term”). Rental periods under this Agreement
begin on the first day of the month and end on the last day of the month.
ARTICLE 2
SECURITY DEPOSIT, RENT, AND FEES
2.1 Security Deposit. Prior to the Commencement Date, Resident is required to pay
to the Community a security deposit o: f - i##5 to secure Resident’s performance
of the terms and conditions of this Agr ‘otect the Community against any damage
by Resident to the Park, including any damage done by Resident in the installation or removal of
the Resident’s Home. The Community may use the Deposit to cure defaults under this
Agreement or pay for any costs attributable to damage caused by Resident.
2.2 Rent. Resident agrees to pay to the Community a monthly rental fee for the Lot in
the amount of $_ 3%. ©9 ‘and all additional charges and fees described in Section 2.3
(collectively, “Rent”). Payment will be due in advance, without offset on or before the first (1")
day of each month during the Term. The Community shall provide Resident with sixty (60) days
advance written notice of any increase in the rental fee.
2.3 Additional Charges and Fees. In addition to the rental fee set forth above,
Resident agrees to pay to the Community all other costs, fees, charges, and other amounts owed
to the Community, including without limitation, (a) all utility service fees provided by the
Community for the Lot; (b) any late payment charge of 8% if the Rent or any other amount due
hereunder is not received by 5:00 p.m. on the fifth (5"") day of the month in which payment is
due; and (c) any returned check charge equal to $25.00 for each check that is retumed for
insufficient funds or for any other reason.
2.4 Utilities.
* Avalon Estates: The PARK will not provide the Resident with any utility services. The
Resident can obtain these services directly from the utility providers. |
* Camelot Estates: The Park will provide garbage pickup to the Resident. All other
utilities are the Residents responsibility and may be obtained directly from the utility providers.
(a) Resident shall be responsible for the preservation of all utility services and
connections at all times in a manner that (i) maintains the integrity of the utility service and (ii)
will ensure that the Park and its residents are not subject to any damage or hazardous
circumstance or inconvenience, including without limitation, supplying the Resident’s Home and
the Lot with enough heat, gas, and electricity to prevent freezing during the winter.
(b) The Community does not warrant the quality, adequacy, continued, or regular use
of any of the utility services at the Park. Resident hereby agrees that any interruption of any
utility service will not constitute a breach of this Agreement or confer any right to Resident for
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damages relating thereto, including without limitation, rent abatement, restitution, or termination
of this Agreement.
ARTICLE 3
THE LOT AND RESIDENT’S HOME
al Possession. The Lot is leased to Resident on an “as-is, where-is” basis. Except for
the Lot and property located thereon as of the Commencement Date, the Community is not
obligated to provide any other personal property, services, or facilities to Resident in connection
with this Agreement. The Community shall not be responsible for any damages to Resident if the
Community is unable to provide Resident with possession of the Lot on the Commencement
Date; provided, however, that Resident shall not be liable for the payment of Rent prior to the
date Resident obtains possession of the Lot.
32 Resident’s Home. Resident shall install and maintain Resident’s manufactured
home (‘“Resident’s Home”) on the Lot throughout the Term, Resident hereby affirms that the
following information regarding the Resident’s Home is complete and accurate:
Manufactured Home (attach a copy of Resident's Title)
O Owner “JoAnne Fecie
O Make Scud Length —£D |
O Year Ad. Width Hie dt
Lender and Securi Interest Ho. (attach a copy of Loan Agreement)
O
OQ
Lender
Cycds THurman fe 0.
Address A
O
a
Loan No.
Phone tA
Insurai (attach a copy of Insurance Certificate)
O Company Slate Farr QO Policy No.
O Address Riverfront De O Phone _MA
Resident shall provide written notice to the Community within ten (10) days of any change in the
foregoing or any other information regarding ownership, security or financial interests, or
insurance coverage associated with the Resident’s Home. Resident’s insurance policy shall
include the Community as an additional insured and shall provide that the policies cannot be
cancelled without thirty (30) days advance written notice to the Community.
3.3 Installation. Resident shall schedule a date, acceptable to the Community in its
sole discretion, to install the Resident’s Home on the Lot. The Resident’s Home shall be installed
and shall remain in place in accordance with all applicable federal, state, and local laws rules,
regulations, ordinances, codes, and lawful directions of authorized public officers (collectively,
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“Applicable Laws”) regarding the installation, set up, and continued placement of manufactured
homes (including without limitation, anchoring). Unless the Parties otherwise agree in writing,
Resident shall be responsible for all costs and expenses for and relating to the placement,
installation, and continued existence of the Resident’s Home, including without limitation, repair
or replacement costs of damage to any property at the Park caused by the same. Any
improvements or upgrades required for the Resident’s Home shall be completed by Resident at
Resident’s sole cost and expense, The Community may give the Resident reasonable instructions
concerning the installation or removal in order to protect the Community’s facilities and / or
safeguard the homes of other residents. The Resident, and their agents (if any), must comply with
the Community’s instructions.
3.4 Community Right to Enter. The Community and its authorized agents shall have
the right at any reasonable time to access and enter the Lot to (a) make necessary or agreed upon
repairs or improvements to or supply necessary or agreed upon goods or services; (b) prevent
damage to the Lot or the Park; (c) respond to or prevent an emergency; and (d) inspect or show
the Lot to prospective or actual purchasers or mortgagees of the Lot or the Park.
ARTICLE 4
PARK RULES AND RESIDENTIAL USE
4.1 Park Rules. Resident hereby agrees to use and maintain the Lot, the Resident's
Home, and the common areas of the Park in accordance with all Applicable Laws and the rules,
policies, and procedures of the Park, attached hereto as Exhibit A and incorporated herein by
reference (collectively, “Park Rules’).
42 Changes to Park Rules. The Community hereby reserves the right to supplement,
modify, or terminate any or all of the Park Rules, from time to time in its sole discretion. The
Community shall provide Resident with sixty (60) days prior written notice of any such changes
to the Park Rules.
43 Residential Use. The Lot may be used for residential purposes only. Resident
shall maintain the Lot and shall use the Lot and the common areas of the Park in a clean, safe,
and healthy manner and in compliance with all Applicable Laws and the Park Rules. Resident
shall not (a) install any manufactured home on the Lot, except the Resident’s Home; (b)| make
any improvements to the Lot without the prior written consent of the Community; (c) vandalize
or improperly use any portion of the Park or property therein; (d) permit any lien or other
encumbrance to be placed on the Lot; (e) commit any waste of the Lot or property in the Park; (f)
unreasonably disturb, become a nuisance to, or interfere with the quiet enjoyment of the Park by
any other resident of the Park or its neighbors; (g) use, display, or light any fireworks or similar
incendiary device in the Park; or (h) manufacture, distribute, or acquire any controlled substance
or illegal material in violation of any Applicable Law. If any Resident violates this Section 4.3,
all Residents shall have no further right to possession of the Lot and the Communit may
terminate this Agreement immediately. Without limiting anything stated in this Agre ent,
Resident shall not make any recurring loud or disruptive noises, unlawfully discharge or threaten
the use of a weapon, use fireworks, or operate any equipment or machinery that may be harmful
to residents of the Park.
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44 Stolen or Damaged Items. The Parties hereby agree that the Community shall not
be responsible for the security of the Resident's Home or Resident’s personal property and shall
not be liable for any stolen items, whether such items are in the Resident's Home, on the Lot, in
any storage area, or otherwise located anywhere in the Park. The Parties further agree that the
Community shall not be responsible for any damage to the Resident’s Home or Resident’s
personal property, unless the Community is the sole cause of such damage. Resident agrees to
seek compensation for any such loss or damage solely under Resident’s own insurance policy.
The Community recommends that Resident obtain applicable renter’s insurance to protect against
injuries, loss, and/or property damage.
Initials of Resident BL
ARTICLE 5
TERMINATION
5.1 Termination by Resident. Following the expiration of the initial term, Resident
may terminate this Agreement at any time upon two (2) full calendar month’s advance written
notice to the Community. Resident may only terminate this Agreement on the last day of the
month. If Resident vacates the Park before the termination date, Resident's obligation to pay Rent
will continue through the termination date, without regard to the actual date on which Resident
vacates the Park. If Resident fails to vacate the Park by the termination date, the notice of
termination shall be considered null and void and all rights and obligations contained herein shall
continue in full force and effect.
5.2 Termination by the Community. The Community may terminate this Agreement
and recover possession of the Lot if:
(a) The Community gives ten (10) days’ written notice to Resident and to any security
interest holder known to the Community that Rent or a utility payment is overdue, and neither
Resident nor the secured interest holder cures the default within ten (10) days of receiving the
notice;
(b) Resident fails to comply with a local ordinance, state law, or state rule relating to
manufactured homes within the time the ordinance, state law, or state rule provides or, if no time
is provided, within a reasonable time after Resident receives written notice of noncompliance;
(c) Resident fails to comply with a Park Rule (including without limitation, a loud
noise created by Resident, Resident’s guests and equipment) within thirty (30) days after
receiving written notice of the alleged noncompliance, except the 30-day notice requirement does
not apply to nonpayment of rent (after written notice has been provided for two prior incidents,
loud noise is a violation of subdivision 5.2(d));
(d) Resident acts in the Park in a manner which endangers other residents or park
personnel, causes substantial damage to the Park premises or substantially annoys other residents,
and has received 30 days’ written notice to vacate, except the Community may require Resident
to vacate immediately if Resident violates this subdivision a second or subsequent time after
receipt of the notice. RESIDENT EXPLICITLY AGREES THAT ANY VIOLATIONS OF
THE CRIME FREE HOUSING COVENANTS STATED IN SECTION 7.4 OF THIS
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LEASE CONSTITUTE AN ENDANGERMENT AND A SUBSTANTIAL ANNOYANCE
TO OTHER RESIDENTS OF THE COMMUNITY;
(e) Resident has repeatedly committed serious violations of this Agreement or
provisions of a local ordinance, state law, or state rule relating to manufactured homes, and the
Community has given Resident written notice of the violations and has given Resident a written
warning that any future serious violation will be treated as cause for eviction as provided in this
subdivision, and within six (6) months of receiving the warning Resident commits a serious
violation of any Park Rule or any provision of a local ordinance, state law, or state rule relating to
manufactured homes;
(6) Resident’s application for tenancy contained a material misstatement which
induced the Community to approve Resident’s tenancy, and the Community discovers and acts
upon the misstatement within one (1) year of the date Resident began paying rent;
(g) The Community has specific plans to make improvements to the Park which will
substantially benefit the health and safety of residents or have been ordered by a government
agency, and which necessitate removal of Resident’s manufactured home from the Park; or
(h) The Community and Resident agree in writing to terminate this Agreement.
5.3 Remedies. The Community may use its legal rights and remedies in any
combination. By using one or more of these rights or remedies the Community does not give up
any other rights or remedies it may have. Acceptance of Rent or any amount due hereunder does
not waive the Community’s right to evict Resident for any past or existing violation of any terms
of this Agreement. The Community may recover all reasonable damages resulting from
Resident’s noncompliance with this Agreement, including without limitation, lost rental fees,
court costs, reasonable attorneys’ fees, and other expenses and losses.
5.4 Condemnation; Park Closure. If the Lot is destroyed or damaged, or all or any
portion of the Park is taken by power of eminent domain, or sale in lieu thereof, the Cor unity
may, at its sole option, terminate this Agreement by sending written notice to Resident. Such
notice and all other matters relating to condemnations and park closures shall be conducted in
accordance with all Applicable Laws pertaining to manufactured home parks and park closures.
Pursuant to Minnesota Statutes Section 327C.095, Subdivision 12(c), Resident shall make ual
payments to the Community in the amount of $12.00 per year, per manufactured home, payable
on August 15 of each year. If the annual payments are not made when due, Resident shall not be
eligible for compensation from the Minnesota manufactured home relocation trust fund if the
Park closes.
ARTICLE 6
DISPOSITION OF THE LOT AND RESIDENT’S HOME
6.1 Surrender of the Lot. Resident covenants that upon the termination of this
Agreement, Resident will surrender possession of the Lot to the Community, together with all
improvements, alterations, replacements thereto (including garages, carports, decks, landscaping
or sheds built upon a foundation or concrete slab), in good order, condition, and repair; provided,
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however, that if the Community requests Resident to remove any improvements, alterations, or
replacements located thereon, Resident shall remove same and restore the Lot to its original
condition.
6.2 Abandonment. If Resident abandons the Resident’s Home or any personal
property on the Lot, the Community may remove, store, and/or sell such abandoned property as
permitted by Minnesota law in accordance with the timelines and procedures stated therein, as
may be amended from time to time. Resident agrees to pay all costs and expenses incurred by the
Community in securing, moving, storing (upon the Lot or elsewhere), or selling the home or
other personal property, including but not limited to storage charges, lock down, inventory,
weatherization charges, moving costs (if applicable), court costs, publication fees, and attomey
fees. The Community shall not be liable for any damage, conversion, or trespass of any personal
property not removed by Resident, or for any negligence, damage, or loss incurred by moving,
transporting, or caring for such property.
6.3 Sale of the Resident’s Home. Resident has the right to sell the Resident's Home
while it is situated in the Park.
(a) Any in-park sale is subject to the Community’s approval of the prospective buyer
of the Resident’s Home (“Buyer”) as a resident of the Park, and all provisions of Minnesota Stat.
§ 327C.07 are incorporated into this Lease by reference. The Community’s approval or
disapproval shall be based on its assessment of Buyer in one or more of the following categories:
(i) Buyer’s rental application and interview, if any; (ii) Buyer’s rental, credit, and criminal
history; (iii) Buyer’s rental and personal character references; (iv) Buyer’s financial stability and
ability to make rental payments consistently; (v) Buyer’s anticipated ability to comply with the
Park Rules, including without limitation, pet ownership and handling, and all Applicable Laws;
(vi) Buyer's actions, efforts, and attitude throughout the application process, including without
limitation, any inaccurate, misleading, or incomplete disclosure of information or refusal to sign a
rental agreement; and (vii) any other information, procedures, or criteria set forth in the Park’s
written application process or Park Rules or deemed significant by the Community to be used to
evaluate the creditworthiness and suitability of Buyer for residency in the Park, The Community
may charge a fee of up to $25.00 for processing any Buyer's rental application. Before approving
an in-park sale, the Community may inspect the Lot and the exterior of the Resident’s Home to
see whether they comply with reasonable and preexisting rules applicable to Reside: and
relating to maintenance. As a condition to approving an in-park sale, the Community may require
that Resident or a Buyer take whatever action is necessary to bring the Lot or the Resident’s
Home exterior into compliance with preexisting applicable maintenance rules, and may require
that any Rent and other charges due to the Community be paid, Resident must give a completed
copy of the Manufactured Home Safety Feature Disclosure Form, which is included as part of
Exhibit B, attached hereto, to a Buyer prior to the sale of the home.
(b) With respect to any sale of Resident’s Home to a person or entity that has not been
approved by the Community for residency in the Park, Resident shall be responsible for all costs
and expenses for and relating to the disconnection and removal the Resident’s Home, including
without limitation, repair or replacement costs of damage to any property at the Park caused by
the same.
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(c) In accordance with Minn. Stat. § 327C.07,a Resident's in park sale of their
manufactured home is contingent upon the Park’s approval of the buyer as a resident, an
inspection of the manufactured home and Lot, the completion of any required repairs and
maintenance of the manufactured home or Lot noted by the Community (including accessory
structures to remain at the Lot after the sale), and the payment of any rent or other charges owed
by the Resident to the Community.
(d) Any person who sells, or signs a contract purporting to sell, a home located in the
Community while representing, either directly or indirectly, that the buyer can maintain the home
in the Park, and who does not inform the buyer in writing that the sale is contingent on the
Community’s approval of the buyer as a resident has violated Minnesota Statute § 325F.69,
subdivision 1.
ARTICLE 7
MISCELLANEOUS
71 General. Resident shall not assign this Agreement or sublet the Lot at any time
without the Community’s permission, which may be denied in its sole discretion. The laws of the
State of Minnesota shall govern the validity, performance, and enforceability of this Agreement.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity
or enforceability of the remainder of this Agreement. This Agreement shall be binding upon
Resident and the Community and their respective heirs, legal representatives, successors, and
permitted assigns. Resident may not assign this Agreement without the prior written consent of
the Community. This Agreement is subject and subordinate to any mortgage, deed of trust or
other lien now or hereafter placed upon the Park. This Agreement may only be changed by sixty
(60) days written notice pursuant to Minnesota Statutes Section 327C, or in writing, signed and
acknowledged by both parties, Cal-Am Properties, Inc., | cr
, Mankato, Minnesota is the management agent of the Park and is authorized to accept
service of process and to receive notices and demands on behalf of the Community.
7.2 Notices. All notices to the Community hereunder shall be in writing, effective
upon receipt thereof, delivered to the Community office at the Park. All notices to Resident may
be delivered (a) personally, (b) by mailing the notice via certified or first class mail to e last
known mailing address of Resident, or (c) by delivering the notice to the Resident's jome,
Notice by certified mail is effective even if Resident refuses to accept delivery. Service by
delivery to the Resident’s Home is effective if the notice is left at the home with someone of
suitable age and discretion or is placed in a secure and conspicuous location at the Resident's
Home.
73 Indemnification. Resident shall indemnify, defend, and hold harmless the
Community, its officers, directors, partners, shareholders, affiliates, employees and agents for any
loss, property damage, or cost of repair or service or any injury to persons or property of others
caused by the negligent, reckless, or intentional act or omission of Resident or Resident’s agents,
family or guests, including without limitation, abandonment or any default under this Agreement.
This indemnification shall survive the termination or expiration of this Agreement, shall include
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costs for property damage to the Lot, property of the Community, and property of third parties,
and shall not be limited by the amount of Resident's security deposit, if any.
74 Crime-Free Covenants. Resident, Resident’s guests, and other persons under
Resident’s control shall not: (a) engage in any illegal or criminal activity, including without
limitation, the illegal manufacture, sale, distribution, use or possession with intent to
manufacture, sell, distribute or use of a controlled substance (as defined in the Controlled
Substance Act, 2] U.S.C. 802(6)) or possession of drug paraphernalia (Minnesota Statutes
Section 152.092) (collectively, “Drug-Related Criminal Activity’), in or near the Park; (b)
engage in any act intended to facilitate criminal activity, including without limitation, Drug-
Related Criminal Activity, in or near the Park; (c) use the Park or permit the Park to be used for,
or to facilitate, criminal activity, including without limitation, Drug-Related Criminal Activity;
(d) engage in the unlawful manufacturing, selling, using, storing, keeping or giving of a
controlled substance (as defined in the Controlled Substance Act, 21 U.S.C. 802(6)) at any
location, whether in or near the Park or otherwise; or (e) engage in any illegal or criminal
activity, including without limitation, prostitution, criminal street gang activity, threatening or
intimidating or assault behavior, unlawfully discharging a weapon, in or near the Park, or any
action that otherwise jeopardizes the health and safety and welfare of the Community or its
agents, or other residents or their guests, or that otherwise causes imminent or actual serious
property damage. Any single violation of the above provisions shall be a material and irreparable
violation of and deemed a material non-compliance with this Agreement and shall be good cause
for termination of tenancy and this Agreement in accordance with Minn. Stat. § 327C.09. Unless
otherwise provided by law, evidence of a violation of any of the above provisions shall not
require a criminal conviction, and any determination shall be made by the Community according
to a preponderance of the evidence of any such violation.
Initials of Resident: BL
45 Waiver. The Community’s failure to enforce any provision of this Agreement or
the Park Rules will not be deemed a waiver of the Community’s right to enforce said provisions
on future occasions. WITHOUT LIMITING THE FOREGOING, RESIDENT EXPRESSLY
AGREES THAT ACCEPTANCE OF RENT FOLLOWING A NOTICE OF DEFAULT OR
TERMINATION SHALL NOT WAIVE ANY RIGHTS OF THE COMMUNITY TO
RECOVER POSSESSION OF THE LOT. Resident hereby expressly waives, and shall not make,
any claim against the Community for or on account of any personal injury sustained or or
damage to any property caused by fire, water, deluge or overflow, or explosion, howsoever
arising, or for the loss of any articles by theft or any other cause.
Initials of Resident: gp
7.6 Attorneys’ Fees. In the event the Community takes legal action against Resident
to enforce any provision of or terminate this Agreement, Resident shall pay all costs and
f;
expenses incurred therefor, including actual attorneys’ fees up to $1,000.00. The losing party in
any court action shall pay the prevailing party’s reasonable attorney fees up to $1,000. and
court costs, which shall be determined by the court and made a part of any judgment. Any
amounts due from Resident under this Section 7.6 shall be deemed to be additional rent.
77 Entire Agreement. This Agreement, the exhibits attached hereto, and any other
written agreements regarding the subject matter hereof constitute the entire agreement between
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Filed in District Court
State of Minnesota
6/25/2024 3:58 PM
the Parties. The Parties hereby agree that no oral agreements have been made. This Agreement
may be amended only in writing, signed by both parties. If any provision of this Agreement, or
any portion of any document incorporated into this Agreement is ruled invalid or otherwise
unenforceable, the remainder of this Agreement 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.
7.8 Acknowledgment. Resident, as the applicant for rental of the Lot, hereby
acknowledges receipt of (a) a copy of this Agreement for purposes of review; (b) a copy of the
current Park Rules, attached hereto as Exhibit A; and (c) the notice provided on Exhibit B at the
time Resident received the application for residency at the Park. Resident hereby represents that
Resident understands this Agreement and the Park Rules and that the same are reasonable and
fair. Resident agrees to comply with all of the terms and conditions of this Agreement and the
Park Rules and understands that any breach or violation thereof by Resident, or Resident’s
household members, family, guests, or invitees, may result in the termination of this Agreement
and Resident’s eviction from the Park, as provided herein.
10
52-CV-24-411
Filed in District Court
State of Minnesota
6/25/2024 3:58 PM
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first written above.
RESIDENT: THE COMMUNITY:
WoAme Beck
(print name)
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Shhy
(signature)
Ava)
Its Community Manager
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Bronto.
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(print name) 7
(signature)
(print name)
(signature)
(print name)
11
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52-CV-24-411
Filed in District Court
State of Minnesota
6/25/2024 3:58 PM
MANUFACTURED HOME LOT LEASE AGREEMENT
TO THE RESIDENT: This lease is a binding legal document, By signing it you and the PARK agree to be bound by everything it
contains. You also agree to follow any reasonable Rules and Regulations the PARK has in effect when you sign the Lease and after
they are validly amended. Those Rules and Regulations are as binding as this Lease, Before you sign this Lease, make sure you
understand both it and the Rules and Regulations. After you sign, ask for and keep a copy of this Lease and the Rules and
Regulations.
1 DEFINITIONS: In this Lease “PARK” means the owner of Avalon Manufactured Home Park and anybody working for
the owner or acting on the owner's behalf. “RESIDENT” means the adults who have signed this Lease and anybody living
with those adults.
RENTAL OF LOT: this lease the RESIDENT rents from the PARK, from year to year: Lot 2()/)/p__, locatedat
in North Mankato, Minnesota. The lot is rented for the RESIDENT’S manufactured home:
SC
Year: Serial#:
Length: Width:__jlp
The home is being financed
by: Dakuwod
AUTHORITY TO MANAGE AND RECEIVE NOTICE: Steve Riegert is authorized to manage the PARK. Steve
Riegert is authorized to accept service of process and receive and give receipt for notices and demands,
RENT: The RESIDENT agrees to pay the PARK $,>/)) DO as rent each and every month commencing with the 1" dayof
Pall roy or and payable in advance on the 1" day of each month thereafter. Rent is to be paid at the office of the
any other office as directed by the PARK in writing. If rent is not received by the 5* day of each month, a twenty
dollar ($20.00) penaity-plus-$1,00-per day, shall be paid the RESIDENT.
UTILITIES: The PARK will not provide the RESIDENT with any utility services. The RESIDENT can obtain these
services directly from the utility providers.
INSTALLING OR REMOVING THE MANUFACTURED HOME: The RESIDENT must givethe PARK written
notice 48 hours before the RESIDENT moves a home either in or out of the PARK. (THIS NOTICE IS DIFFERENT
FROM THE NOTICE THE RESIDENT MUST GIVE TO TERMINATE THIS LEASE AND END HIS OR HER
OBLIGATION TO PAY RENT. READ PARAGRAPH 19 OF THIS LEASE.) The PARK has the right to supervise the
installation or removal of the RESIDENT’S home. The PARK may give the RESIDENT reasonable instructions
concerning installation or removal in order to protect the PARK’S facilities or safeguard the homes of other residents.
SECURITY DEPOSIT: Before beginning to live in the manufactured home park, the RESIDENT must pay the PARK.
$400.00 _ asa security deposit. When the RESIDENT moves from the manufactured home park, the RESIDENT
will give the PARK a forwarding address. The PARK will keep security deposit money only if the RESIDENT still owes
the PARK money, has moved out owing rent or if the RESIDENT has damaged the PARK’S property. The security
deposit will be returned with interest as dictated by Minnesota State Statute.
USE OF THE LOT: The RESIDENT must use the lot only for residential purposes. The RESIDENT must not build
improvements on the lot or put a different home on the lot unless the PARK first agrees in writing.
AUTOMOBILES: All vehicles must be licensed and in operational condition at all times.
10. LOT MAINTENANCE AND COMMON AREAS: The PARK must maintain the streets and common areas of the
manufactured home park and must obey all health, safety and building code regulations which apply to the manufactured
home park. The RESIDENT must obey the PARK’S reasonable Rules and Regulations about lot maintenance and about
common areas such as streets and playgrounds, If the RESIDENT does not meet the conditions imposed on the use of
common areas, such as parking restrictions, or if the RESIDENT fails to do lot maintenance work required by this Lease or
by the PARK Rules and Regulations, such as cutting grass, RESIDENT FURTHER AGREES TO MAINTAIN THE
PREMISES SO THAT GRASS OR OTHER GROUND COVER, EXCLUDING SHRUBS, BUSHES, TREES AND
FLOWERS, SHALL NOT BE PERMITTED TO EXCEED FOUR INCHES IN HEIGHT removing garbage or debris, or
clearing snow from sidewalks, the PARK may tell the RESIDENT in writing that the work must be done by a certain
deadline. If the RESIDENT does not do the work by the deadline, the PARK may do the work for the RESIDENT. The
PARK may then charge the RESIDENT for the reasonable costs of doing the work plus $20. The PARK must give the
RESIDENT an itemized bill which states a deadline for its payment. The deadline must be thirty days after the PARK
gives the bill to the RESIDENT and after said thirty days has passed the unpaid balance shall be deemed additional rent
due hereunder.
ll EMERGENCY WORK: If the RESIDENT’S failure to do maintenance work or to meet the conditions imposed on the
use of common areas causes an immediate danger to the PARK facilities or to the health or safety of other residents, the
PARK may give the RESIDENT written notice to do the necessary work immediately. If the R
Preview
52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF NICOLLET FIFTH JUDICIAL DISTRICT HOUSING COURT Cal-Am Properties, Inc. 2101 Excalibur Rd North Mankato, Minnesota 56003 EVICTION ACTION COMPLAINT Plaintiff, vs. Court File No. JoAnne Beck; John Doe; Jane Doe 2006 Round Table Road North Mankato, MN 56003 sian _Defendant(s)._ ee My true and correct name is Patrick Flynn, I am the Attorney for the Plaintiff in the above-captioned proceeding, and I state under oath that the information contained in this Complaint is true and correct to the best of my knowledge: 1 Property Information: a. 2006 Round Table Road North Mankato, Minnesota 56003 b. The lease does not include a garage or storage unit. About the Parties: a. Plaintiff (Landlord): Cal-Am Properties, Inc. b. Defendant(s): JoAnne Beck Lease Information: a. Lease Start Date — April 29, 2002 b. Lease End Date - Month-to-Month c. Monthly Obligation — $525.00, due on the first day of the month. Statutory Compliance: Plaintiff, having present right of possession of said property, has complied with Minn. Stat. § 504B.181: Not less than 30 days before the filing of this action, Defendant(s) knew the name and address of the person authorized to manage the property, and a landlord or agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands because the required information is contained in various communications between the parties. Subsidies: Upon information and belief, this tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the Section 8 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM program, as defined in section 469,002, subdivision 24; the low-income housing tax credit program; or any other similar program. Reason for Eviction: Non-Payment of Rent (504B.291/327C.09, subd. 2) Defendant(s) failed to pay rent in full, and as of June 25, 2024, Defendant(s) are in arrears $1,134.00, calculated as follows: Rent and/or Late Fees for May 2024 through June 2024 = $1,134.00 In addition, pursuant to Minn. Stat. § 504B.291, Defendant(s) are required to pay any additional rent then in arrears, plus costs and expenses of $455.00 (includes the court filing fee of $300.00, legal process and service fees of $150.00, and $5.00 in attorney fees), and perform any other covenants of the lease, prior to Defendant(s) redeeming and being restored to possession. Plaintiff does not waive the right to seek collection, payment, or other legal action for any amount(s) not pled above. A pre-eviction notice, attached, was delivered to Defendant(s) pursuant to Minnesota Statute sections 504B.321, subd. 1a and 327C.09 subd. 2. Pursuant to Minnesota Statutes section 504B.345, subd. I(a), Plaintiff seeks immediate judgment against the above Defendant(s) for restitution of said premises, and immediate writ of recovery of said premises, plus costs and disbursements herein. Verification and Affidavit of Non Military Status I, Patrick Flynn, being sworn/affirmed, state that I am the Plaintiff's Attorney in this action, that I have read the complaint and that it is true to the best of my knowledge; that Defendant(s) is/are not now in the military service of the United States, to the best of my information and belief. I acknowledge that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes § 549.211, Subd. (2), to the party against whom the allegations in these pleadings are asserted. I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116. Landlord Resource Network, LLC Dated: _June 25, 2024 4s/ Patrick Flynn Patrick Flynn (#0403107) STATE OF MINNESOTA ) SS. 225 S. 6th Street, Suite 3900 COUNTY OF HENNEPIN ) Minneapolis, MN 55402 Phone: 612-314-3177 patrick @landlordresource.net Attorney for Plaintiff 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM AVALON ESTATES AND CAMELOT ESTATES LOT RENTAL AGREEMENT THIS LOT RENTAL AGREEMENT (the “Agreement” or “Lease”) is made effective as of the 44 day of , 20/9 _, by and between Avalon Estates/ Camelot Estates (the “Community”), and the following residents: 2Finne. Brandon Ly together with those persons identified as an Additional Resident in Section 1.2 and/or living with the aforementioned individuals (collectively, “Resident”). ARTICLE 1 LEASE, OCCUPANCY, AND TERM 1.1 Lease. Subject to and upon the terms and conditions set forth herein, and in consideration of the covenants and obligations of the Community and Resident (collectively, “Parties”), the Community hereby leases to Resident and Resident hereby rents from_the Community the manufactured home lot located at the following address: City of Mankato, Nicollet County, Minnesota 56003, Lot Number (the “Lot”), at the manufactured home park commonly known as Avalon Estates/ Camelot Estates (“Park”), Resident hereby agrees that this Agreement is for the lease of the Lot only, and not for the lease of any manufactured home that may be located thereon. 12 Occupancy. The above-named Resident(s) are the only individuals authorized to reside in the manufactured home at the Lot. The Residents affirm that the following individuals are members of Resident’s household (each, an “Additional Resident”) but are not yet 18 years old: Name Relationship/Age oO Oo o o Resident hereby agrees that any violation of the terms of this Agreement by Resident or any Additional Resident shall constitute a violation of this Agreement by all individual residents identified herein. Except for Resident and Additional Residents, no other person may occupy the Lot or reside in the Resident’s Home (as defined in Section 3.2) for more than fourteen (14) days each month, without the prior written consent of the Community. Resident and each Additional Resident are jointly and severally residents of the Resident’s Home, subject to all of the rights and obligations set forth in this Agreement, including without limitation, payment of the Rent (defined below). | 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM 13 Term. The initial term of this Agreement shall be month to month, commencing on renew th ad day f May and cOnfinue t B01 the end (“Commencement Date”); and this Agreement shall automatically of such initial term on a month-to-month basis thereafter until terminated by either party as provided herein (“Term”). Rental periods under this Agreement begin on the first day of the month and end on the last day of the month. ARTICLE 2 SECURITY DEPOSIT, RENT, AND FEES 2.1 Security Deposit. Prior to the Commencement Date, Resident is required to pay to the Community a security deposit o: f - i##5 to secure Resident’s performance of the terms and conditions of this Agr ‘otect the Community against any damage by Resident to the Park, including any damage done by Resident in the installation or removal of the Resident’s Home. The Community may use the Deposit to cure defaults under this Agreement or pay for any costs attributable to damage caused by Resident. 2.2 Rent. Resident agrees to pay to the Community a monthly rental fee for the Lot in the amount of $_ 3%. ©9 ‘and all additional charges and fees described in Section 2.3 (collectively, “Rent”). Payment will be due in advance, without offset on or before the first (1") day of each month during the Term. The Community shall provide Resident with sixty (60) days advance written notice of any increase in the rental fee. 2.3 Additional Charges and Fees. In addition to the rental fee set forth above, Resident agrees to pay to the Community all other costs, fees, charges, and other amounts owed to the Community, including without limitation, (a) all utility service fees provided by the Community for the Lot; (b) any late payment charge of 8% if the Rent or any other amount due hereunder is not received by 5:00 p.m. on the fifth (5"") day of the month in which payment is due; and (c) any returned check charge equal to $25.00 for each check that is retumed for insufficient funds or for any other reason. 2.4 Utilities. * Avalon Estates: The PARK will not provide the Resident with any utility services. The Resident can obtain these services directly from the utility providers. | * Camelot Estates: The Park will provide garbage pickup to the Resident. All other utilities are the Residents responsibility and may be obtained directly from the utility providers. (a) Resident shall be responsible for the preservation of all utility services and connections at all times in a manner that (i) maintains the integrity of the utility service and (ii) will ensure that the Park and its residents are not subject to any damage or hazardous circumstance or inconvenience, including without limitation, supplying the Resident’s Home and the Lot with enough heat, gas, and electricity to prevent freezing during the winter. (b) The Community does not warrant the quality, adequacy, continued, or regular use of any of the utility services at the Park. Resident hereby agrees that any interruption of any utility service will not constitute a breach of this Agreement or confer any right to Resident for 2 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM damages relating thereto, including without limitation, rent abatement, restitution, or termination of this Agreement. ARTICLE 3 THE LOT AND RESIDENT’S HOME al Possession. The Lot is leased to Resident on an “as-is, where-is” basis. Except for the Lot and property located thereon as of the Commencement Date, the Community is not obligated to provide any other personal property, services, or facilities to Resident in connection with this Agreement. The Community shall not be responsible for any damages to Resident if the Community is unable to provide Resident with possession of the Lot on the Commencement Date; provided, however, that Resident shall not be liable for the payment of Rent prior to the date Resident obtains possession of the Lot. 32 Resident’s Home. Resident shall install and maintain Resident’s manufactured home (‘“Resident’s Home”) on the Lot throughout the Term, Resident hereby affirms that the following information regarding the Resident’s Home is complete and accurate: Manufactured Home (attach a copy of Resident's Title) O Owner “JoAnne Fecie O Make Scud Length —£D | O Year Ad. Width Hie dt Lender and Securi Interest Ho. (attach a copy of Loan Agreement) O OQ Lender Cycds THurman fe 0. Address A O a Loan No. Phone tA Insurai (attach a copy of Insurance Certificate) O Company Slate Farr QO Policy No. O Address Riverfront De O Phone _MA Resident shall provide written notice to the Community within ten (10) days of any change in the foregoing or any other information regarding ownership, security or financial interests, or insurance coverage associated with the Resident’s Home. Resident’s insurance policy shall include the Community as an additional insured and shall provide that the policies cannot be cancelled without thirty (30) days advance written notice to the Community. 3.3 Installation. Resident shall schedule a date, acceptable to the Community in its sole discretion, to install the Resident’s Home on the Lot. The Resident’s Home shall be installed and shall remain in place in accordance with all applicable federal, state, and local laws rules, regulations, ordinances, codes, and lawful directions of authorized public officers (collectively, 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM “Applicable Laws”) regarding the installation, set up, and continued placement of manufactured homes (including without limitation, anchoring). Unless the Parties otherwise agree in writing, Resident shall be responsible for all costs and expenses for and relating to the placement, installation, and continued existence of the Resident’s Home, including without limitation, repair or replacement costs of damage to any property at the Park caused by the same. Any improvements or upgrades required for the Resident’s Home shall be completed by Resident at Resident’s sole cost and expense, The Community may give the Resident reasonable instructions concerning the installation or removal in order to protect the Community’s facilities and / or safeguard the homes of other residents. The Resident, and their agents (if any), must comply with the Community’s instructions. 3.4 Community Right to Enter. The Community and its authorized agents shall have the right at any reasonable time to access and enter the Lot to (a) make necessary or agreed upon repairs or improvements to or supply necessary or agreed upon goods or services; (b) prevent damage to the Lot or the Park; (c) respond to or prevent an emergency; and (d) inspect or show the Lot to prospective or actual purchasers or mortgagees of the Lot or the Park. ARTICLE 4 PARK RULES AND RESIDENTIAL USE 4.1 Park Rules. Resident hereby agrees to use and maintain the Lot, the Resident's Home, and the common areas of the Park in accordance with all Applicable Laws and the rules, policies, and procedures of the Park, attached hereto as Exhibit A and incorporated herein by reference (collectively, “Park Rules’). 42 Changes to Park Rules. The Community hereby reserves the right to supplement, modify, or terminate any or all of the Park Rules, from time to time in its sole discretion. The Community shall provide Resident with sixty (60) days prior written notice of any such changes to the Park Rules. 43 Residential Use. The Lot may be used for residential purposes only. Resident shall maintain the Lot and shall use the Lot and the common areas of the Park in a clean, safe, and healthy manner and in compliance with all Applicable Laws and the Park Rules. Resident shall not (a) install any manufactured home on the Lot, except the Resident’s Home; (b)| make any improvements to the Lot without the prior written consent of the Community; (c) vandalize or improperly use any portion of the Park or property therein; (d) permit any lien or other encumbrance to be placed on the Lot; (e) commit any waste of the Lot or property in the Park; (f) unreasonably disturb, become a nuisance to, or interfere with the quiet enjoyment of the Park by any other resident of the Park or its neighbors; (g) use, display, or light any fireworks or similar incendiary device in the Park; or (h) manufacture, distribute, or acquire any controlled substance or illegal material in violation of any Applicable Law. If any Resident violates this Section 4.3, all Residents shall have no further right to possession of the Lot and the Communit may terminate this Agreement immediately. Without limiting anything stated in this Agre ent, Resident shall not make any recurring loud or disruptive noises, unlawfully discharge or threaten the use of a weapon, use fireworks, or operate any equipment or machinery that may be harmful to residents of the Park. 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM 44 Stolen or Damaged Items. The Parties hereby agree that the Community shall not be responsible for the security of the Resident's Home or Resident’s personal property and shall not be liable for any stolen items, whether such items are in the Resident's Home, on the Lot, in any storage area, or otherwise located anywhere in the Park. The Parties further agree that the Community shall not be responsible for any damage to the Resident’s Home or Resident’s personal property, unless the Community is the sole cause of such damage. Resident agrees to seek compensation for any such loss or damage solely under Resident’s own insurance policy. The Community recommends that Resident obtain applicable renter’s insurance to protect against injuries, loss, and/or property damage. Initials of Resident BL ARTICLE 5 TERMINATION 5.1 Termination by Resident. Following the expiration of the initial term, Resident may terminate this Agreement at any time upon two (2) full calendar month’s advance written notice to the Community. Resident may only terminate this Agreement on the last day of the month. If Resident vacates the Park before the termination date, Resident's obligation to pay Rent will continue through the termination date, without regard to the actual date on which Resident vacates the Park. If Resident fails to vacate the Park by the termination date, the notice of termination shall be considered null and void and all rights and obligations contained herein shall continue in full force and effect. 5.2 Termination by the Community. The Community may terminate this Agreement and recover possession of the Lot if: (a) The Community gives ten (10) days’ written notice to Resident and to any security interest holder known to the Community that Rent or a utility payment is overdue, and neither Resident nor the secured interest holder cures the default within ten (10) days of receiving the notice; (b) Resident fails to comply with a local ordinance, state law, or state rule relating to manufactured homes within the time the ordinance, state law, or state rule provides or, if no time is provided, within a reasonable time after Resident receives written notice of noncompliance; (c) Resident fails to comply with a Park Rule (including without limitation, a loud noise created by Resident, Resident’s guests and equipment) within thirty (30) days after receiving written notice of the alleged noncompliance, except the 30-day notice requirement does not apply to nonpayment of rent (after written notice has been provided for two prior incidents, loud noise is a violation of subdivision 5.2(d)); (d) Resident acts in the Park in a manner which endangers other residents or park personnel, causes substantial damage to the Park premises or substantially annoys other residents, and has received 30 days’ written notice to vacate, except the Community may require Resident to vacate immediately if Resident violates this subdivision a second or subsequent time after receipt of the notice. RESIDENT EXPLICITLY AGREES THAT ANY VIOLATIONS OF THE CRIME FREE HOUSING COVENANTS STATED IN SECTION 7.4 OF THIS 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM LEASE CONSTITUTE AN ENDANGERMENT AND A SUBSTANTIAL ANNOYANCE TO OTHER RESIDENTS OF THE COMMUNITY; (e) Resident has repeatedly committed serious violations of this Agreement or provisions of a local ordinance, state law, or state rule relating to manufactured homes, and the Community has given Resident written notice of the violations and has given Resident a written warning that any future serious violation will be treated as cause for eviction as provided in this subdivision, and within six (6) months of receiving the warning Resident commits a serious violation of any Park Rule or any provision of a local ordinance, state law, or state rule relating to manufactured homes; (6) Resident’s application for tenancy contained a material misstatement which induced the Community to approve Resident’s tenancy, and the Community discovers and acts upon the misstatement within one (1) year of the date Resident began paying rent; (g) The Community has specific plans to make improvements to the Park which will substantially benefit the health and safety of residents or have been ordered by a government agency, and which necessitate removal of Resident’s manufactured home from the Park; or (h) The Community and Resident agree in writing to terminate this Agreement. 5.3 Remedies. The Community may use its legal rights and remedies in any combination. By using one or more of these rights or remedies the Community does not give up any other rights or remedies it may have. Acceptance of Rent or any amount due hereunder does not waive the Community’s right to evict Resident for any past or existing violation of any terms of this Agreement. The Community may recover all reasonable damages resulting from Resident’s noncompliance with this Agreement, including without limitation, lost rental fees, court costs, reasonable attorneys’ fees, and other expenses and losses. 5.4 Condemnation; Park Closure. If the Lot is destroyed or damaged, or all or any portion of the Park is taken by power of eminent domain, or sale in lieu thereof, the Cor unity may, at its sole option, terminate this Agreement by sending written notice to Resident. Such notice and all other matters relating to condemnations and park closures shall be conducted in accordance with all Applicable Laws pertaining to manufactured home parks and park closures. Pursuant to Minnesota Statutes Section 327C.095, Subdivision 12(c), Resident shall make ual payments to the Community in the amount of $12.00 per year, per manufactured home, payable on August 15 of each year. If the annual payments are not made when due, Resident shall not be eligible for compensation from the Minnesota manufactured home relocation trust fund if the Park closes. ARTICLE 6 DISPOSITION OF THE LOT AND RESIDENT’S HOME 6.1 Surrender of the Lot. Resident covenants that upon the termination of this Agreement, Resident will surrender possession of the Lot to the Community, together with all improvements, alterations, replacements thereto (including garages, carports, decks, landscaping or sheds built upon a foundation or concrete slab), in good order, condition, and repair; provided, 6 | | | 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM however, that if the Community requests Resident to remove any improvements, alterations, or replacements located thereon, Resident shall remove same and restore the Lot to its original condition. 6.2 Abandonment. If Resident abandons the Resident’s Home or any personal property on the Lot, the Community may remove, store, and/or sell such abandoned property as permitted by Minnesota law in accordance with the timelines and procedures stated therein, as may be amended from time to time. Resident agrees to pay all costs and expenses incurred by the Community in securing, moving, storing (upon the Lot or elsewhere), or selling the home or other personal property, including but not limited to storage charges, lock down, inventory, weatherization charges, moving costs (if applicable), court costs, publication fees, and attomey fees. The Community shall not be liable for any damage, conversion, or trespass of any personal property not removed by Resident, or for any negligence, damage, or loss incurred by moving, transporting, or caring for such property. 6.3 Sale of the Resident’s Home. Resident has the right to sell the Resident's Home while it is situated in the Park. (a) Any in-park sale is subject to the Community’s approval of the prospective buyer of the Resident’s Home (“Buyer”) as a resident of the Park, and all provisions of Minnesota Stat. § 327C.07 are incorporated into this Lease by reference. The Community’s approval or disapproval shall be based on its assessment of Buyer in one or more of the following categories: (i) Buyer’s rental application and interview, if any; (ii) Buyer’s rental, credit, and criminal history; (iii) Buyer’s rental and personal character references; (iv) Buyer’s financial stability and ability to make rental payments consistently; (v) Buyer’s anticipated ability to comply with the Park Rules, including without limitation, pet ownership and handling, and all Applicable Laws; (vi) Buyer's actions, efforts, and attitude throughout the application process, including without limitation, any inaccurate, misleading, or incomplete disclosure of information or refusal to sign a rental agreement; and (vii) any other information, procedures, or criteria set forth in the Park’s written application process or Park Rules or deemed significant by the Community to be used to evaluate the creditworthiness and suitability of Buyer for residency in the Park, The Community may charge a fee of up to $25.00 for processing any Buyer's rental application. Before approving an in-park sale, the Community may inspect the Lot and the exterior of the Resident’s Home to see whether they comply with reasonable and preexisting rules applicable to Reside: and relating to maintenance. As a condition to approving an in-park sale, the Community may require that Resident or a Buyer take whatever action is necessary to bring the Lot or the Resident’s Home exterior into compliance with preexisting applicable maintenance rules, and may require that any Rent and other charges due to the Community be paid, Resident must give a completed copy of the Manufactured Home Safety Feature Disclosure Form, which is included as part of Exhibit B, attached hereto, to a Buyer prior to the sale of the home. (b) With respect to any sale of Resident’s Home to a person or entity that has not been approved by the Community for residency in the Park, Resident shall be responsible for all costs and expenses for and relating to the disconnection and removal the Resident’s Home, including without limitation, repair or replacement costs of damage to any property at the Park caused by the same. 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM (c) In accordance with Minn. Stat. § 327C.07,a Resident's in park sale of their manufactured home is contingent upon the Park’s approval of the buyer as a resident, an inspection of the manufactured home and Lot, the completion of any required repairs and maintenance of the manufactured home or Lot noted by the Community (including accessory structures to remain at the Lot after the sale), and the payment of any rent or other charges owed by the Resident to the Community. (d) Any person who sells, or signs a contract purporting to sell, a home located in the Community while representing, either directly or indirectly, that the buyer can maintain the home in the Park, and who does not inform the buyer in writing that the sale is contingent on the Community’s approval of the buyer as a resident has violated Minnesota Statute § 325F.69, subdivision 1. ARTICLE 7 MISCELLANEOUS 71 General. Resident shall not assign this Agreement or sublet the Lot at any time without the Community’s permission, which may be denied in its sole discretion. The laws of the State of Minnesota shall govern the validity, performance, and enforceability of this Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remainder of this Agreement. This Agreement shall be binding upon Resident and the Community and their respective heirs, legal representatives, successors, and permitted assigns. Resident may not assign this Agreement without the prior written consent of the Community. This Agreement is subject and subordinate to any mortgage, deed of trust or other lien now or hereafter placed upon the Park. This Agreement may only be changed by sixty (60) days written notice pursuant to Minnesota Statutes Section 327C, or in writing, signed and acknowledged by both parties, Cal-Am Properties, Inc., | cr , Mankato, Minnesota is the management agent of the Park and is authorized to accept service of process and to receive notices and demands on behalf of the Community. 7.2 Notices. All notices to the Community hereunder shall be in writing, effective upon receipt thereof, delivered to the Community office at the Park. All notices to Resident may be delivered (a) personally, (b) by mailing the notice via certified or first class mail to e last known mailing address of Resident, or (c) by delivering the notice to the Resident's jome, Notice by certified mail is effective even if Resident refuses to accept delivery. Service by delivery to the Resident’s Home is effective if the notice is left at the home with someone of suitable age and discretion or is placed in a secure and conspicuous location at the Resident's Home. 73 Indemnification. Resident shall indemnify, defend, and hold harmless the Community, its officers, directors, partners, shareholders, affiliates, employees and agents for any loss, property damage, or cost of repair or service or any injury to persons or property of others caused by the negligent, reckless, or intentional act or omission of Resident or Resident’s agents, family or guests, including without limitation, abandonment or any default under this Agreement. This indemnification shall survive the termination or expiration of this Agreement, shall include 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM costs for property damage to the Lot, property of the Community, and property of third parties, and shall not be limited by the amount of Resident's security deposit, if any. 74 Crime-Free Covenants. Resident, Resident’s guests, and other persons under Resident’s control shall not: (a) engage in any illegal or criminal activity, including without limitation, the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use of a controlled substance (as defined in the Controlled Substance Act, 2] U.S.C. 802(6)) or possession of drug paraphernalia (Minnesota Statutes Section 152.092) (collectively, “Drug-Related Criminal Activity’), in or near the Park; (b) engage in any act intended to facilitate criminal activity, including without limitation, Drug- Related Criminal Activity, in or near the Park; (c) use the Park or permit the Park to be used for, or to facilitate, criminal activity, including without limitation, Drug-Related Criminal Activity; (d) engage in the unlawful manufacturing, selling, using, storing, keeping or giving of a controlled substance (as defined in the Controlled Substance Act, 21 U.S.C. 802(6)) at any location, whether in or near the Park or otherwise; or (e) engage in any illegal or criminal activity, including without limitation, prostitution, criminal street gang activity, threatening or intimidating or assault behavior, unlawfully discharging a weapon, in or near the Park, or any action that otherwise jeopardizes the health and safety and welfare of the Community or its agents, or other residents or their guests, or that otherwise causes imminent or actual serious property damage. Any single violation of the above provisions shall be a material and irreparable violation of and deemed a material non-compliance with this Agreement and shall be good cause for termination of tenancy and this Agreement in accordance with Minn. Stat. § 327C.09. Unless otherwise provided by law, evidence of a violation of any of the above provisions shall not require a criminal conviction, and any determination shall be made by the Community according to a preponderance of the evidence of any such violation. Initials of Resident: BL 45 Waiver. The Community’s failure to enforce any provision of this Agreement or the Park Rules will not be deemed a waiver of the Community’s right to enforce said provisions on future occasions. WITHOUT LIMITING THE FOREGOING, RESIDENT EXPRESSLY AGREES THAT ACCEPTANCE OF RENT FOLLOWING A NOTICE OF DEFAULT OR TERMINATION SHALL NOT WAIVE ANY RIGHTS OF THE COMMUNITY TO RECOVER POSSESSION OF THE LOT. Resident hereby expressly waives, and shall not make, any claim against the Community for or on account of any personal injury sustained or or damage to any property caused by fire, water, deluge or overflow, or explosion, howsoever arising, or for the loss of any articles by theft or any other cause. Initials of Resident: gp 7.6 Attorneys’ Fees. In the event the Community takes legal action against Resident to enforce any provision of or terminate this Agreement, Resident shall pay all costs and f; expenses incurred therefor, including actual attorneys’ fees up to $1,000.00. The losing party in any court action shall pay the prevailing party’s reasonable attorney fees up to $1,000. and court costs, which shall be determined by the court and made a part of any judgment. Any amounts due from Resident under this Section 7.6 shall be deemed to be additional rent. 77 Entire Agreement. This Agreement, the exhibits attached hereto, and any other written agreements regarding the subject matter hereof constitute the entire agreement between 9 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM the Parties. The Parties hereby agree that no oral agreements have been made. This Agreement may be amended only in writing, signed by both parties. If any provision of this Agreement, or any portion of any document incorporated into this Agreement is ruled invalid or otherwise unenforceable, the remainder of this Agreement 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. 7.8 Acknowledgment. Resident, as the applicant for rental of the Lot, hereby acknowledges receipt of (a) a copy of this Agreement for purposes of review; (b) a copy of the current Park Rules, attached hereto as Exhibit A; and (c) the notice provided on Exhibit B at the time Resident received the application for residency at the Park. Resident hereby represents that Resident understands this Agreement and the Park Rules and that the same are reasonable and fair. Resident agrees to comply with all of the terms and conditions of this Agreement and the Park Rules and understands that any breach or violation thereof by Resident, or Resident’s household members, family, guests, or invitees, may result in the termination of this Agreement and Resident’s eviction from the Park, as provided herein. 10 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first written above. RESIDENT: THE COMMUNITY: WoAme Beck (print name) »y Pribf— Shhy (signature) Ava) Its Community Manager €¢ Bronto. 4y (print name) 7 (signature) (print name) (signature) (print name) 11 F 52-CV-24-411 Filed in District Court State of Minnesota 6/25/2024 3:58 PM MANUFACTURED HOME LOT LEASE AGREEMENT TO THE RESIDENT: This lease is a binding legal document, By signing it you and the PARK agree to be bound by everything it contains. You also agree to follow any reasonable Rules and Regulations the PARK has in effect when you sign the Lease and after they are validly amended. Those Rules and Regulations are as binding as this Lease, Before you sign this Lease, make sure you understand both it and the Rules and Regulations. After you sign, ask for and keep a copy of this Lease and the Rules and Regulations. 1 DEFINITIONS: In this Lease “PARK” means the owner of Avalon Manufactured Home Park and anybody working for the owner or acting on the owner's behalf. “RESIDENT” means the adults who have signed this Lease and anybody living with those adults. RENTAL OF LOT: this lease the RESIDENT rents from the PARK, from year to year: Lot 2()/)/p__, locatedat in North Mankato, Minnesota. The lot is rented for the RESIDENT’S manufactured home: SC Year: Serial#: Length: Width:__jlp The home is being financed by: Dakuwod AUTHORITY TO MANAGE AND RECEIVE NOTICE: Steve Riegert is authorized to manage the PARK. Steve Riegert is authorized to accept service of process and receive and give receipt for notices and demands, RENT: The RESIDENT agrees to pay the PARK $,>/)) DO as rent each and every month commencing with the 1" dayof Pall roy or and payable in advance on the 1" day of each month thereafter. Rent is to be paid at the office of the any other office as directed by the PARK in writing. If rent is not received by the 5* day of each month, a twenty dollar ($20.00) penaity-plus-$1,00-per day, shall be paid the RESIDENT. UTILITIES: The PARK will not provide the RESIDENT with any utility services. The RESIDENT can obtain these services directly from the utility providers. INSTALLING OR REMOVING THE MANUFACTURED HOME: The RESIDENT must givethe PARK written notice 48 hours before the RESIDENT moves a home either in or out of the PARK. (THIS NOTICE IS DIFFERENT FROM THE NOTICE THE RESIDENT MUST GIVE TO TERMINATE THIS LEASE AND END HIS OR HER OBLIGATION TO PAY RENT. READ PARAGRAPH 19 OF THIS LEASE.) The PARK has the right to supervise the installation or removal of the RESIDENT’S home. The PARK may give the RESIDENT reasonable instructions concerning installation or removal in order to protect the PARK’S facilities or safeguard the homes of other residents. SECURITY DEPOSIT: Before beginning to live in the manufactured home park, the RESIDENT must pay the PARK. $400.00 _ asa security deposit. When the RESIDENT moves from the manufactured home park, the RESIDENT will give the PARK a forwarding address. The PARK will keep security deposit money only if the RESIDENT still owes the PARK money, has moved out owing rent or if the RESIDENT has damaged the PARK’S property. The security deposit will be returned with interest as dictated by Minnesota State Statute. USE OF THE LOT: The RESIDENT must use the lot only for residential purposes. The RESIDENT must not build improvements on the lot or put a different home on the lot unless the PARK first agrees in writing. AUTOMOBILES: All vehicles must be licensed and in operational condition at all times. 10. LOT MAINTENANCE AND COMMON AREAS: The PARK must maintain the streets and common areas of the manufactured home park and must obey all health, safety and building code regulations which apply to the manufactured home park. The RESIDENT must obey the PARK’S reasonable Rules and Regulations about lot maintenance and about common areas such as streets and playgrounds, If the RESIDENT does not meet the conditions imposed on the use of common areas, such as parking restrictions, or if the RESIDENT fails to do lot maintenance work required by this Lease or by the PARK Rules and Regulations, such as cutting grass, RESIDENT FURTHER AGREES TO MAINTAIN THE PREMISES SO THAT GRASS OR OTHER GROUND COVER, EXCLUDING SHRUBS, BUSHES, TREES AND FLOWERS, SHALL NOT BE PERMITTED TO EXCEED FOUR INCHES IN HEIGHT removing garbage or debris, or clearing snow from sidewalks, the PARK may tell the RESIDENT in writing that the work must be done by a certain deadline. If the RESIDENT does not do the work by the deadline, the PARK may do the work for the RESIDENT. The PARK may then charge the RESIDENT for the reasonable costs of doing the work plus $20. The PARK must give the RESIDENT an itemized bill which states a deadline for its payment. The deadline must be thirty days after the PARK gives the bill to the RESIDENT and after said thirty days has passed the unpaid balance shall be deemed additional rent due hereunder. ll EMERGENCY WORK: If the RESIDENT’S failure to do maintenance work or to meet the conditions imposed on the use of common areas causes an immediate danger to the PARK facilities or to the health or safety of other residents, the PARK may give the RESIDENT written notice to do the necessary work immediately. If the R