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AFFIDAVIT OF TRUSTEE <br /> STATE OF MINNESOTA ) <br /> (ss. <br /> COUNTY OF HENNEPIN ) <br /> Elizabeth Flynn-Ferry, being first duly sworn on oath, says that: <br /> 1. Affiant is the Trustee named in that certain Certificate of Trust to which this Affidavit is <br /> attached ("Trust Instrument"), which Certificate of Trust was executed by Affiant and <br /> which relates to real property in Hennepin County,Minnesota,legally described as follows: <br /> Lot 1, Block 1, "Casco Cove" <br /> 2. The name and address of the Trustee empowered to act under the Trust Instrument at the <br /> time of the execution of this Affidavit is: <br /> Elizabeth E. Flynn-Ferry <br /> 154 Babcock Lane <br /> Wayzata, Minnesota 55391 <br /> 3. The Trustee who have executed that certain Encroachment Agreement relating to the real <br /> property described above, between Mark J. Ferry, as Trustee under the Mark J. Ferry <br /> Revocable Trust U/A Dated May 20,2019 and Elizabeth Flynn-Ferry, as Trustee under the <br /> Elizabeth E. Flynn-Ferry Revocable Trust U/A Dated May 20, 2019 as Grantees, and the <br /> City of Orono, as Grantor, dated 1 14- , 2025: <br /> (a) is empowered by the Trust Instrument to sell, convey, pledge, mortgage, lease, or <br /> transfer title to any interest in real property held in trust; and <br /> (b) is the only Trustee required by the Trust Instrument to execute and deliver such an <br /> instrument. <br /> 4. The Trust has not terminated and the Trust Instrument has not been revoked. <br /> 5. There has been no amendment to the Trust Instrument which limits the power of the Trustee <br /> to execute and deliver the instrument described in paragraph 3. <br /> 6. The Trust is not supervised by any Court. <br /> 7. Affiant does not have actual knowledge of any facts indicating the Trust is invalid. <br /> 235557v1 <br />