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11-15-2013 - Legal Doc: amend. summons, complaing, civil cover sheet
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11-15-2013 - Legal Doc: amend. summons, complaing, civil cover sheet
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8/22/2023 4:30:44 PM
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2/21/2020 8:58:10 AM
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x Address Old
House Number
4550
Street Name
Wolverton
Street Type
Place
Address
4550 Wolverton Place
Document Type
Misc
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3111823310013
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located at 4550 Wolverton Place, Orono, Minnesota (the "Property"), a copy of which is <br /> attached hereto as Exhibit A. <br /> 14. Plaintiffs and WPLLC, Berg, and Coldwell entered into a limited <br /> Arbitration Agreement dated February 11, 2013 and which submitted "[a]11 disputes <br /> about or relating to the disclosure of material facts affecting the use and enjoyment of the <br /> property, excluding disputes related to title issues," to arbitration administered by the <br /> National Center for Dispute Settlement, except that "[n]othing in this Agreement limits <br /> other rights . . . under MN Statute 327A" (emphasis added). <br /> 15. No arbitration clause exists between or among Plaintiffs and Stephenson, <br /> Gherardi, JNJ, Brennan, Brennan Properties, or Orono. <br /> 16. As part of the Purchase Agreement, Plaintiffs and WPLLC entered into an <br /> Escrow Holdback Agreement dated April 12, 2013 ("Escrow Agreement"), pursuant to <br /> which WPLLC placed funds in escrow for the "Completion of Installation of a new <br /> driveway/ grass seed AND Installation of Septic System compliant for 5 bedroom <br /> home." ("Escrow Work"). <br /> 17. Among the addenda incorporated into the Purchase Agreement was an <br /> Addendum dated February 11, 2013, and executed by Stephenson, which stated in part: <br /> Sellers to provide clarification for the follow[sic]items to the <br /> buyers (sic]satisfaction: <br /> 1 —Plan for "new"driveway, including location of Septic Tank, <br /> Intent of sharing Septic Tank and Well with potential new house, <br /> Landscaping around new driveway (since current landscaped <br /> portion is only 1/5 of 5.05 acre lot). <br /> 4 <br />
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