25-003145.pdf
Knust Family Revocable Trust, Petitioner V Township Of Porter, Respondent · 25-003145-TT
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MICHIGAN TAX TRIBUNAL | SMALL CLAIMS DIVISION MTT Docket No. 25-003145 RECEIVED Petitioner Valuation Disclosure and 0 CT 07 2006 Documentary Evidence 65368 Eby Road, Cassopolis, Michigan 49031 | Tax years 2025 and 2026 MICHIGAN Tax TRIBUNAL fecppndent PouKat and ( October 21, 2026 23:003145 | 9:45 a.m. Eastern Knust Family Revocable Trust Township of Porter Requested determination Parcel Township 2025 Petitioner Requested TCV | TCV AV and SEV | 14-120-055-086-01 | | | Home parcel $647,200 $550,000 $275,000 14-120-055-088-19 Back-lot parcel $69,200 $45,000 $22,500 Combined $716,400 $595,000 $297,500 For 2025, Petitioner requests combined true cash value of $595,000, allocated $550,000 to the home parcel and $45,000 to the back-lot parcel. Because the 2024 transfer uncapped taxable value for 2025, Petitioner requests assessed value, state equalized value, and taxable value consistent with one-half of the determined true cash value, subject to the Tribunal's statutory calculation. For automatically added tax year 2026, Petitioner contends that the same true cash values remain appropriate because there was no known material physical change to the property. Taxable value for 2026 should be calculated from the Tribunal-determined 2025 taxable value under the applicable statutory limitation. If the Tribunal concludes the present evidence is insufficient for 2026, Petitioner requests that the added year be severed rather than the 2025 claim delayed. Summary of position The $865,000 transaction was not a sale of taxable real estate alone. The executed agreement covered two parcels and expressly included all interior furnishings then present in the home (excluding clothing, personal pictures, books, and games), a 2012 Landau pontoon and trailer, a golf cart, lawn equipment, a floating raft, pier sections, a boat lift, a gazebo, outdoor furniture, a garage refrigerator, and miscellaneous tools. The separately executed boat bill of sale documents $10,000 for the boat, motor, and trailer. No contemporaneous allocation was made for the remaining personal property. Petitioner does not contend that the entire $270,000 difference between the all-in consideration and the
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MICHIGAN TAX TRIBUNAL | SMALL CLAIMS DIVISION MTT Docket No. 25-003145 Basis of value conclusion Petitioner considered the executed transaction documents, the Township assessments and property record cards, physical attributes of the subject, and owner-compiled sales of competing lake properties near the relevant December 31, 2024 valuation date. The eight dated comparable sales range from $345,000 to $699,000, with a median of $487,000. The subject is larger and newer than most of the sales, while the transactions differ materially in lake, frontage, site utility, condition, and the amount of personal property conveyed. The sales are therefore used as qualitative market brackets rather than as mechanically interchangeable price-per-square-foot indicators. After considering those differences, Petitioner concludes $550,000 for the improved lakefront parcel and $45,000 for the secondary back-lot parcel, or $595,000 combined. Transaction facts SEE TRL EE TREE | $865,000 for both parcels and all included property under the executed Buy and Sell One negotiated consideration Agreement. Parcel Nos. 14-120-055-086-01 and 14-120-055-088-19 are identified in the [Rbjreatestate nace ls agreement and Addendum 1. Addendum 1 expressly includes all interior furnishings then present in the home, | Substantial included personal excluding clothing, personal pictures, books, and games. It also includes the pontoon property and trailer, golf cart, lawn equipment, floating raft, outdoor furniture, refrigerator, tools, and other items. Boat package documentation Signed July 24, 2024 bill of sale: $7,000 boat, $2,000 motor, and $1,000 trailer. The parties did not allocate the balance of the $865,000 among the home parcel, No full allocation back lot, furnishings, and other included items. Treatment of the $865,000 transaction The transaction remains relevant market evidence, but it requires adjustment because the purchase agreement proves that the consideration purchased more than the taxable real estate. The $10,000 boat-package allocation is directly documented. The balance of the non-realty is not assigned a retrospective item-by-item value in this disclosure. Instead, Petitioner relies on the comparable-sales evidence to conclude the value of the real estate itself. The payment of real-estate transfer tax on the gross consideration does not create an appraisal allocation among the assets conveyed. Petitioner did not use a closing allocation to reduce transfer tax. 2026 added tax year The Tribunal automatically added 2026 because the hearing was scheduled after April 1, 2026. The subject has not undergone a known material physical change supporting a higher true cash value.
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MICHIGAN TAX TRIBUNAL | SMALL CLAIMS DIVISION MTT Docket No. 25-003145 Colin Knust, Trustee Date
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MICHIGAN TAX TRIBUNAL | SMALL CLAIMS DIVISION MTT Docket No. 25-003145 Exhibit index | exit | Document Purpose | A 2025 Notices of Assessment - both parcels [ Establishes the challenged 2025 values. B March 2025 Board of Review materials Establishes protest and the values requested. [ [ — c Executed Buy and Sell Agreement | Documents $865,000 consideration, both parcels, and reference to Addendum 1. Identifies all interior furnishings (subject to the stated D Executed Addendum 1 personal-item exclusions), boat, trailer, golf cart, equipment, outdoor property, and tools included in the price. Contemporaneous $10,000 allocation: boat $7,000, motor | E | Michigan Boat Bill of Sale $2,000, trailer $1,000. Corroborates furnishings, trailer, and boat motor included in F Selected contemporaneous photographs the transaction. | 6 | Owner-compiled comparable-sales schedule Market evidence considered in the real-estate value | conclusion. Evidence scope and limitations This is an owner valuation disclosure for an informal Small Claims hearing, not a fee appraisal. The comparable-sale information is presented as owner-compiled market evidence and should be read with the transaction documents. Petitioner will answer questions concerning the transaction and the physical property at the hearing. The Michigan watercraft title application is not included because it is a registration and use-tax record, not evidence of the real estate's true cash value. The signed boat bill of sale is the operative valuation evidence for the boat, motor, and trailer package.
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2025 Notices of Assessment Knust Family Revocable Trust v Township of Porter MTT Docket No. 25-003145
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Jr— THIS IS NOT A TAX BILL L4400 1019 (Rov, 10-24) Notice of Assessment, Taxable Valuation, and Property Classification we This form is issued under the suthorty of P.A. 206 of 1893, Sec, 211.24 (¢) and Se¢.241.34c, as amended, This is a mode) assessment notice lo be used by the local assessor, FROM: PORTER TOWNSHIP i PARCEL IDENTIFICATION KEVIN HARRIS X x -086- 67482 COYOTE TRAIL PARCEL NUMBER: 14-120-055-086-01 EDWARDSBURG, MI 49112 PROPERTY ADDRESS: 65368 EBY RD CASSOPOLIS, Mi 49031 OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: PRINCIPAL RESIDENCE EXEMPTION 2569 % Exempt As *Homicowners Principal Residence”: 00% 20% CSAUTOY ALL FOR ARDC 606 % Exempt As "Qualified Agriculture) Property: 00% Te DEILY REVOCABLE TRUST ¥ Exempt As "MBT Industrie! Personal™: 00% CHICAGO, IL 60622-3746 % Exempt As “MBT Commercial Personal” 00% RUE HTH TR TOUT BUTE CER Exempt As “Quad Forest Property: [] Yes (X] No Exempt As "Development Property™: [JYes [Xl No LEGAL DESCRIPTION: . LC 437-740 344-330 (585 A-1 7-13 335-260) LOT 8 BLK 7 H.F. LITTLE MICHIGAN INLAND LAKE DEVELOPMENT SHAVEHEAD 1. ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 401 Residential PRIOR YEAR'S CLASSIFICATION: 401 Residential The change in taxable value will increase/decreass your tax bill for the 2025) PRIOR AMOUNT CURRENT CHANGE FROM h - TENTATIVE AMOUNT year by approximately: $5705 YEAR: 2024 YEAR: 2026 CURRENT YEAR 1. TAXABLE VALUE: 196,534 323,600 127,066 2. ASSESSED VALUE; ) 3. TENTATIVE EQUALIZATION FACTOR: 1.000 = 4. STATE EQUALIZED VALUE (SEV): 261,100 | 323,600] 62,500 5. There WAS or WAS NOT a transfer of ownership on this property in2024 WAS 6. Assessor Change Reason: CHANGES IN ASSESSED VALUE IS A MARKET ADJUSTMENT. CHANGES IN TAXABLE VALUE IS DUE TO ONE OF THE FOLLOWING: THE CONSUMER PRICE INCREASE, NEW CONSTRUCTION, TRANSFER OF OWNWERSHIP, OR IMPROVEMENTS BEING REMOVED. IF PRIOR YEAR AMOUNTS ARE ZERO ~ THIS IS A NEW PARCEL AS A RESULT OF A SPLIT, COMBINATION, OR BOUNDARY The 2025 Inflation rate Multiplier is: 1.031 Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: Name: Phone! Email Address: KEVIN HARRIS (268) 663-3057 KEVINH9115@GMAIL.COM March Board of Review Appeal Information, The board of review will meet at the following dates and times:
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"tm pment
asa,
THIS IS NOT A TAX BILL
L-4400
1019 (Rev, 10-24)
Notice of Assessment, Taxable Valuation, and Property Classification
This form is issued under the authority of PA 206 of 1893, Sec. 211.24 {0) and Sec.211.34c, as smendsd. This Js a model assessmenl notice 0 be used by the local assessor,
258%
FROM: PORTER TOWNSHIP
PARCEL IDENTIFICATION
KEVIN HARRIS
PARCEL NU
R:
»"
x
x
67482 COYOTE TRAIL
MBE!
14-120-055-088-19
EDWARDSBURG, MI 49112
PROPERTY ADDRESS:
65368 EBY RD
)
OWNER'S NAME 8 ADDRESS/PERSON NAMED ON ASSESSMENT ROLL:
PRINCIPAL RESIDENCE EXEMPTION
2569
4 Exempt As "Homeowners Principal Residence”;
00%
434% s1BUTO* AALL FOR ARDC 606
% Exempt As "Qualified Agricultural Property”
00%
TN
Ee
aE aT
% Exempt As "MBT Industria} Personal®:
00%
CHICAGO,
IL 60622-3746
% Exempt
As "MBT Commercial Personal”:
00%
TRUE TTT
TTR
EET TT T(E
Exempt
As "Quetied Forest Property”:
[] Yes
[X] No
Exempt
As "Development Property”:
Yes
[X] No
LEGAL DESCRIPTION:
LC 437-740 372-251 595B-17 7-13 LOTS 18 & 22 BLK 8 H F LITTLE'S MICHIGAN INLAND LAKE DEVELOPMENT SHAVEHEAD 1.
ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS;
401
Residential
PRIOR YEAR'S CLASSIFICATION:
401
Residential
The change In taxable value wilf increass/decrease your tax bill for the 2025,
PRIOR AMOUNT
CURRENT
CHANGE FROM
i
.
AMOUNT
year by approximately:
$872
YEAR:
2024
YEAR:
2026
CURRENT YEAR
1. TAXABLE VALUE:
15177 |
-
34,600
19,423
2. ASSESSED VALUE:
30,000
34,600
4,600
3._TENTATIVE EQUALIZATION FACTOR:
1.000
4. STATE EQUALIZED VALUE (SEV):
30,000
34,600
5. There WAS or WAS NOT a transfer of ownership on this property in2024
WAS
|
6. Assessor Change Reason:
CHANGES
IN ASSESSED VALUE
IS
A MARKET ADJUSTMENT.
CHANGES
IN TAXABLE VALUE
IS DUE
TO ONE OF THE FOLLOWING:
THE CONSUMER PRICE INCREASE,
NEW CONSTRUCTION,
TRANSFER OF
OWNWERSHIP,
OR IMPROVEMENTS BEING REMOVED.
IF PRIOR YEAR AMOUNTS ARE ZERO
- THIS
IS
A NEW PARCEL AS A RESULT OF A SPLIT,
COMBINATION,
OR BOUNDARY
4,600
The 2025 inflation rate Multiplier Is: 1.031
Questions regarding the Notice of Assessment, Taxable Valuation, and Properly Classification may be directed to the Following:
Name:
Phone:
Emad Address:
KEVIN HARRIS
{269) 663-3057
KEVINH9115@GMAIL.COM
March Board of Review Appeal Information. The board of review wilt meet at the following dates and times:Page 8
Board of Review Materials Knust Family Revocable Trust v Township of Porter MTT Docket No. 25-003145
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To William C. Babut, Esq. EST. \A BL 1991 700 Towner Street J. Gregory Frye, Esq. \ Ypsilanti, Michigan 48198 Alexander J. Berry-Santoro, Esq. Phone (734) 785-7000 Megan L. Babut, Esq. Fax (734) 485-6251 Jameel S. Williams, Esq. Of Counsel www.babutlaw.com Babut Law OFFICES, PLLC March 06, 2025 Porter Twp. Assessor's Office 67482 Coyote Trail Edwardsburg, MI 49112 Re: Knust Family Revocable Trust 65386 Eby Road. Parcel ID: 14-120-055-086-01 14-120-055-0%8% ~19 Dear Madam or Sir, Our office represents Knust Family Revocable Trust, it's Member in relation to his appeal of the Notice of Assessment, Taxable Valuation and Property Classification for tax year 2025 as it relates to the above-referenced property. The undersigned, Knust Family Revocable Trust hereby authorizes attorney, William C. Babut to represent them before the Board of Review. If you have any questions, please contact our Office. Thank you. Sincerely, William C. Babut, Esq. Xe 5
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Michigan Department of Treasury 618 (Rev. 11-12) Petition to Board of Review or the State Tax Commission unless you first protest to the Board of Revi TO BE COMPLETED BY OWNER OR OWNER'S AGENT L-4035 This fcrm is issued under the authority of P.A. 206 of 1893, as amended. Filing Is voluntary, however you may not appeal lo the Michigan Tax Tribunal lew. Owner's Name (Please Print or Type) Knust Family Revocable Trust Pelilioner's Name (If Other than Oaner. Please Prinl or Type) Tovmship or City Porter Township County Cass The undersigned protests the assessed value and/or the tentative taxable value and/or the property classification and/or the qualified agricultural property exemption of the following described property: Property Identified (Parcel code required. Property address & legal description optional) 14-120-055-086-01 |] Qualified Agricultural Property Exemption Protested Item [x] Assessed Value [X] Tentative Taxable Value | | Classification 1. PROTEST OF ASSESSMENT (Complete this section for a protest of assessed value and/or lenlalive taxable value) Assessed Amount $323,600 Year 2025 Owner's Estimate of True Cash Value $550,000 Tentalive Taxable Value 2. PROTEST OF CLASSIFICATION (Complete this section for a request to change the classification, The Board of Review must make their decision regarding classification In accordance with Section 211.34¢ of the Michigan Compiled Laws. The Board of Review shall not be influenced by the effect that a particular classification has on that property's slalus as a homeowner's principal residence or qualified agricultural property.) Classification of property on ths year's assessment roll Classification should be (check one of the following): |] Agricultural [J Industrial [1 Commercial [M] Residential ] Timber Cutover ] Utility (Personal Property Only) ["] Developmental 3. PROTEST OF EXEMPTION FOR QUALIFIED AGRICULTURAL PROPERTY (If the assessor has denied or changed the percentage of the exemption from the 18 mills of local school operating tax for qualified agricultural property, the owner may appeal this action to the March Board of Review, THE BOARD OF REVIEW HAS NO AUTHORITY TO CONSIDER OR ACT UPON THE EXEMPTION FROM THE 18 SCHOOL OPERATING MILLS FOR HOMEOWNER'S PRINCIPAL RESIDENCE PROPERTIES.) Percent qualified agricultural exemption requested by owner (Enter 100 if full exemption requested) Forcont qualified agricultural oxomplion granted by assossor (Enfor 0 if exemplion nie 4. REASON FOR PROTEST State reason(s) for protest of assessed value and/or the tentative taxable value andior classification and/or qualified agricultural properly exemption | feel the property is over assessed compared to similar properties.
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Michigan Department of Treasury 618 (Rev. 11-12) Petition to Board of Review L-4035 This form is issued under the authorily of P.A. 206 of 1893, as amended. Filing is voluntary, however you may not appeal fo the Michigan Tex Tribunal or the Slate Tax Commission unless you first protest to the Board of Review. TO BE COMPLETED BY OWNER OR OWNER'S AGENT Owner's Name (Please Print or Type) Petitioner's Name (If Other than Owner. Please Print or Type) Knust Family Revocable Trust Tovmship or City County Porter Township Cass The undersigned protests the assessed value and/or the tentative taxable value and/or the property classification and/or the qualified agricultural property exemption of the following described property: Property Identified (Parcel code required. Property address & legal description optional) 14-120-055-088-19 Protested Item [X] Assessed Value Tentative Taxable Value 0 Classification |] Qualified Agricultural Properly Exemplion 1. PROTEST OF ASSESSMENT (Complete this section for a protest of assessed value and/or tantalive taxable value) Assessed Amount Ownor's Estimate of Trua Cash Value [Tentative Taxoblo Value Yor $34,600 $45,000 2025 2, PROTEST OF CLASSIFICATION (Complete this section for a request to change the classification. The Board of Review must make their decision regarding classification in accordance with Section 211.34c of the Michigan Compiled Laws. The Board of Review shall not be influenced by the effect that a particular classification has on that property's status as a homeowner's principal residence or qualified agricultural property.) Classification of property on th's year's assessment roll Classification should be (check one of the following): |) Agricultural [] Industrial [~] Timber Cutover [1 utility (Personal Property Only) O Commercial O Residential 1] Developmental 3. PROTEST OF EXEMPTION FOR QUALIFIED AGRICULTURAL PROPERTY (If the assessor has denled or changed the percentage of the exemption from the 18 mills of local school operating tax for qualified agricultural property, the owner may appeal this aclion to the March Board of Review. THE BOARD OF REVIEW HAS NO AUTHORITY TO CONSIDER OR ACT UPON THE EXEMPTION FROM THE 18 SCHOOL OPERATING MILLS FOR HOMEOWNER'S PRINCIPAL RESIDENCE PROPERTIES.) Percent qualified agricullural exemplion granted by assessor (Enter 0 if exemplion Percent qualified agricultural exemplion requested by owner (Enter 1001 full | denied) exemption requested) 4, REASON FOR PROTEST State reason(s) for protest of assessed value and/or tho tentative taxable value and/or classification and/or qualified agricultural property exemption | feel the property is over assessed compared to similar properties.
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Exhibit C Executed Buy and Sell Agreement Knust Family Revocable Trust v Township of Porter MTT Docket No. 25-003145
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DocuSign Envelope ID: 1ABD283C-DEED-4BD8-9E99-DFA395FD6B4A REALTOR Office Uses Only MLS No. BUY AND SELL AGREEMENT REALTOR® For reference purposes only, the Offer Date is June 22, 2024 TSE Selling REALTOR®/Broker is acting as a (Check One) J Seller's Agent / J Buyer's Agent / [X [X] Dual Agent/ [[] Transaction Coordinator. 1. Parties. To: Matthew J Carmody, Joanne B Carmody hereinafter called the Seller; the undersigned, hereinafter called the Buyer, hereby offers to buy the property at: 65368 Eby Road, Cassopolis , MI 49031 House Number Street Name located in Cassopolis s Cass County Michigan and legally described as: See addendum to long to list here, two parcels iY w nN and Tax Code(s): 14-120-055-086-01 14-120-055-088-19 Subject to any building and use restrictions, zoning ordinances and easements of public record for the sum of $ 865,000.00 ; Eight Hundred Sixty-Five Thousand Dollars. 11 2. Fixtures & Improvements: All improvements and appurtenances are included in the purchase price, if now in 12 or on the Property, including but not limited to the following: all buildings; landscaping; lighting fixtures and their 13 shades and bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen 14 appliances; drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting 15 brackets; all attached shelving; attached work benches; stationary laundry tubs; water softener; water heater (unless 16 rented); incinerator; sump pump; water pump and pressure tank; heating and air conditioning equipment (window 17 units excluded); attached humidifiers; heating units, including add-on heating stoves and heating stoves connected 18 by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid heating and cooking fuel 19 tanks if owned by Seller; TV antenna and complete rotor equipment; satellite dish; all support equipment for 20 inground pools; screens and storm windows and doors; awnings; installed basketball backboard, pole and goal; 21 mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, detached storage buildings; 22 underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door opener 23 and control(s); and any and all items and fixtures permanently affixed to the property; and also includes: 24 stove, Refrigerator, microwave, dishwasher, ice maker, washer/dryer. See addendum for further items to be included. 26 (address growing crops) . 27 3. The Terms of Purchase shall be indicated by an “X” below. 28 []CASH The full purchase price upon execution and delivery of a warranty deed, not contingent upon 29 Buyer's ability to obtain said funds. Buyer to provide to Seller's satisfaction written proof of 30 available funds within business days after the Effective Date or Seller may terminate this 31 Agreement by written notice of termination. 32 [XINEW The full purchase price upon execution and delivery of a warranty deed contingent upon Buyer's 33 MORTGAGE ability to obtain a __ 80.000 %; First mortgage which Buyer 34 agrees to apply for within 5 business days after the Effective Date and accept promptly if 35 tendered. In the event that the Buyer does not apply for financing within the time provided above, 36 the Seller may terminate this Agreement by written notice of termination, which is delivered to the 37 Buyer prior to the time the Buyer makes application for financing. Buyer hereby authorizes their 38 lender to disclose the status of the loan application and loan approval to Listing and Selling 39 REALTOR®/Brokers and release copy of the Closing Disclosure, when issued, to Listing and 40 Selling REALTOR®/Brokers. 41 [JLAND $ upon execution and delivery of Land Contract/Purchase Money Mortgage 42 CONTRACT wherein the balance of the purchase price shall be payable in equal monthly installments of
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DocusSign Envelope ID: 1ABD283C-DEED-4BD8-9E99-DFA395FD6B4A BUY AND SELL AGREEMENT 50 4. Closing/Possession. The sale shall be closed on August 9, 2024 or before, if mutually 51 agreed by the parties. Closing of this sale shall be an insured closing through the title company that provides the 52 mortgage policy of title insurance, or in the case of a cash sale, the owners policy of title insurance. The closing 53 fee shall be paid by the Buyer. Buyer shall have complete possession at time of ( 0 am. 0 p.m., 54 [Jnoon) day of closing. After possession date, if the Seller remains, the Seller agrees to pay 55 the Buyer at the rate of $ 300.00 per day. Said payment shall not be construed as rent, but as 56 liquidated damages. Buyer may proceed with other legal remedies as well. 57 5. Title Insurance. The Seller shall furnish an extended Owner's Policy of Title Insurance, if available, in the 58 amount of purchase price. It is recommended that Buyer retain an attorney to render an opinion on marketability of 59 title. The Seller shall deliver the title insurance commitment to Buyer within ten (10) business days of the Effective 60 Date of this Agreement. 61 Home Sale Contingency. The Buyer's obligation to consummate this transaction (check one): 62 Is not contingent upon the sale or closing of any other property by Buyer. 63 Is contingent upon the closing of a pending sale of Buyer's property located at 64 on or before .A copy of the Buyer's 65 agreement to sell that property is being delivered to the Seller along with this offer. 66 [| Is contingent upon the execution of a binding agreement and the closing of a sale of Buyer's property located at 67 on or before 68 . Seller will have the right to continue to market Seller's property until Buyer enters into a 69 binding agreement to sell Buyer's property and delivers a copy thereof to Seller. Said agreement can not be subject 70 to the sale of another property, but can be subject to a pending sale. During such marketing period, Seller may 71 enter into a binding agreement with another Buyer on such price and terms as the Seller deems appropriate, and in 72 such event, this Agreement will automatically terminate and Buyer's earnest money deposit will be promptly 73 refunded. 74 [] Is contingent on the terms of the attached Contingency Clause Addendum. 75 7. Wood Destroying Insect Inspection. The Seller agrees to have all structures on the property except 76 barn , inspected for wood destroying insects and pay for the inspection. 77 Seller shall provide the written report to the Buyer within 15 business days of the Effective Date of this 78 Agreement. If evidence of infestation is found and if treatment is recommended, Seller agrees to pay the cost of 79 treatment by a licensed exterminator. Termite treatments shall include a one year warranty. Any and all warranty 80 renewals shall be at the Buyer's expense. 81 8. Inspections/Permits. Buyer acknowledges that the Selling REALTOR®/Broker has strongly recommended that 82 Buyer obtain all inspections necessary to properly determine the condition of this property. 83 [X] No additional inspection requested, or [[] This Agreement is contingent upon inspection reports or permits, the 84 result of which are to be satisfactory to the Buyer on the following items: (check applicable boxes) 85 Home Inspection Well [[] water Quality Septic System Septic Permit 86 Percolation Test/Soil Analysis DEQ Permits |_| Water/Well Permit| | Easements Radon 87 Zoning Determination Phase I Environmental Audit Other items for inspection/permit: 88 89 90 91 The above inspections shall be ordered by the Buyer, at the Buyer's expense. The Buyer must, by a written notice, 92 either remove the inspection/permit contingencies or terminate this Agreement within business days of 93 the Effective Date of this Agreement. 94 In the event the Buyer neither removes the contingencies nor terminates this Agreement in the time provided, the 95 Buyer shall be deemed to have waived the contingencies and proceed to close this transaction. Any request by
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DocuSign Envelope ID: 1ABD283C-DEED-4BD8-9E89-DFA385F DEB4A BUY AND SELL AGREEMENT 104 jointly or severally, shall have any responsibility for the performance of any repairs made pursuant to this 105 Agreement. The Seller grants reasonable access to the property and any buildings thereon to permit the Buyer and 106 Buyer's representatives to conduct the above inspections. Buyer is solely responsible for obtaining such inspection 107 reports and estimates as they deem necessary. 108 9. Survey. XINo boundary (stake) survey requested; or [ | Contingent upon a boundary (stake) survey paid for by 109 the [Buyer or []Seller; or Contingent upon a boundary (stake) survey showing all improvements on the 110 property paid for by the [Buyer or Seller. The Buyer must, by written notice, either remove the boundary 111 survey contingency or terminate this Agreement within business days of receipt of the boundary survey. 112 In event the Buyer neither removes the contingency nor terminates this Agreement in the time provided, the Buyer 113 shall be deemed to have waived the contingency and proceed to close this transaction. 114 A mortgage report, which shows the location of the major structures on the property, is not a boundary (stake) 116 survey and if required by the lender, will be paid for by the Buyer. Both Buyer and Seller acknowledge the 116 REALTORS®/Brokers recommend a stake survey to determine the true and accurate boundaries of the property. 117 Buyer understands and agrees that the REALTORS®/Brokers do not warrant location of the improvements and 118 easements on the property and the boundaries of the property nor assume any responsibility for the representations 419 made by the Seller of the location of the improvements and easements on the property and the boundaries of the 420 property. 421 10. Lead-based Paint: For residential property only (check ANY of the following that apply): 122 [X]Seller represented that this residential property was built after January 1,1978 and is exempt from the Federal 123 regulation on lead-based paint disclosure. 124 OR [| This property is residential and was or may have been built before 1978 as represented by the Seller. Buyer 125 acknowledges that prior to signing this Buy and Sell Agreement. 126 [Buyer has received and reviewed a copy of the Lead-based Paint Sellers Disclosure Form completed by the 127 Selleron R . 128 Buyer shall have a day opportunity after the Effective Date of this Agreement to conduct an 129 inspection or [risk assessment (check one) of this property for the presence of lead-based paint and/or 130 lead-based paint hazards. (Intact lead-based paint that is in good condition is not necessarily a hazard. See the EPA 131 pamphlet “Protect Your Family From Lead in Your Home” for more information. Federal regulations require up to 132 a 10 day period or mutually agreed upon period of time.) The above risk assessment shall be ordered by and at the 133 Buyer's expense and shall be performed by a certified inspector with a written report showing the results. The 134 Buyer shall by written notice to the Seller, either accept the risk assessment or inspection as satisfactory, or if 135 unsatisfactory, the Buyer has the option to terminate this Agreement within the time period provided above. If the 136 Buyer terminates this Agreement, the Buyer shall provide to Seller a copy of the risk assessment or inspection 137 repost. In the event that the Buyer does not accept the results as satisfactory or terminates this Agreement in writing 138 within the time period stated above, the Buyer shall be deemed to have accepted the results of the risk assessment 139 or inspection and shall proceed to close this transaction. 140 OR [X|Buyer, being fully informed, hereby waives their opportunity to conduct a risk assessment or inspection of 141 the property for the presence of lead-based paint and/or lead-based paint hazards. 142 11. Property Condition. Buyer has examined this property and Buyer is satisfied with its present condition, except 143 as may be specified herein. Buyer understands and agrees that Buyer is purchasing the property in an “AS IS” 144 condition. Buyer understands and agrees that the REALTORS®/Brokers do not warrant the condition of the 145 property nor assume any responsibility for the representations made by the Seller pertaining to the condition of the 146 property or its use for any particular purpose. 147 It is further understood that no representations or promises have been made to Buyer by the real estate brokers 148 or salespersons or by the Seller (other than those contained in this Agreement or as otherwise made or given by 149 Seller to Buyer). Buyer has received and reviewed a signed copy of the Sellers Disclosure Statement dated: 150 June 11, 2024 151 Buyer and Seller both understand that the REALTORS®/Brokers are not environmental experts. Unless expressly 152 contained in a written instrument signed by the REALTOR®/Broker, the REALTOR®/Broker and
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DocuSign Envelope ID: 1ABD283C-DEED-4BD8-9E99-DFA395F D6B4A BUY AND SELL AGREEMENT 159 Agreement, and addendums or Counter-Offers, all claims arising from any purported representations as to the 160 physical and environmental condition of the property covered by this Agreement or the marketability of title, and 161 all claims arising from any special assessments and/or utility bills which have been or may in the future be charged 162 against the property covered by this Agreement, and in addition, agree to indemnify and hold harmless the 163 REALTOR®/Brokers and the REALTOR®/Broker's Salespersons from any and all claims related to those matters. 164 At the time of possession, Seller agrees that the real estate and the improvements thereon, if any, shall be in the 165 same condition as they are now, with the exception of ordinary wear and tear. Between now and the time of 166 possession, Seller, at Seller's expense, shall repair any subsequent damage to the property and shall continue 167 general maintenance of the yard, buildings and mechanical systems. Seller shall not turn off utilities prior to the 168 time of possession. 169 Seller shall remove from the house, basement, attic, buildings and yard all personal property not included in the 170 sale as well as all rubbish and shall deliver the premises in broom swept condition. The Seller understands and 171 agrees that the Buyer reserves the right to do a final walk through prior to the closing to ensure the property's 172 condition is in compliance with the terms of this Agreement. 173 12. Heating Fuel. Buyer shall be entitled to all wood, pellets, liquid or gas heating fuel, or N/A 174 located or stored upon the property at the time of possession. Seller agrees that the existing supply of wood, 175 pellets, liquid or gas heating fuel, or N/A on the premises at the time of acceptance shall not be removed, 176 sold, or disposed of by the seller and shall only be depleted in the course of normal usage. 177 13. Seller's Representations. Except as otherwise disclosed in writing, Seller represents to the best of Seller's 178 knowledge and belief that: 179 a). There are no existing violations of any laws, statutes, ordinances, regulations, orders or 180 requirements of any governmental authority affecting the property. 181 b). There is no pending or threatened litigation, administrative action or claim relating to the 182 property. 183 c). The Seller is the owner of title to the property in the condition required for performance 184 hereunder. 185 d). Unless expressly disclosed to the Buyer in writing, the Seller represents that this property is not 186 subject to the terms of a Public Act 116 agreement, or any other governmental, agricultural, or 187 developmental programs or agreements which will continue with the property. 188 e). The Seller is the owner of all development rights in the property. 189 14. Home Warranty. Buyer and Seller are hereby informed that home protection plans are available for purchase. 190 Such plans may provide additional protection and benefit to the parties. 191 15. Other Provisions. [see Addenda Seller to have roof nail pops repaired prior to closing. 192 193 194 195 196 197 Attachments and Addenda referenced here are part of this Agreement: addendum 1, dual agency consent form 198 199 16. Earnest Money. The Buyer shall deposit $ 10,000.00 with Creekstone Realty LLC 200 (Escrowee) as earnest money evidencing the Buyer's good faith to be held by Escrowee 201 in trust and to apply to the purchase price. | | Buyer has deposited said funds with the submission of this offer, or 202 [X| Buyer shall deposit funds within 48 hours of accepted purchase agreement 203 If this offer is not accepted, or the title is not marketable, or if the contingencies specified herein cannot be met, 204 said deposit or deposits shall, upon furnishing written proof said contingency cannot be met, be refunded to the
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DocuSign Envelope ID: 1ABD283C-DEED-4BD8-9E99-DFA395FD6B4A BUY AND SELL AGREEMENT ‘212 commissions and damages for Buyer's breach; or 2. Proceed with any remedy available under the laws of the State 213 of Michigan. 214 In the event that the Seller shall fail or refuse to complete the sale on the terms herein set forth, then the Buyer 215 shall have one of the following options: 1. Terminate this Agreement and direct the Escrowee to return the entire 216 earnest money deposit to the Buyer; or 2. Proceed with any remedy available under the laws of the State of 217 Michigan. 218 17. Special Assessments. All future installment payments of special assessments of public record shall be assumed 219 by the Buyer. 220 18. Prorations. Rents, taxes and the current year's installment payment of any special assessment shall be prorated 221 as of the date of closing this sale, it is assumed that all taxes are based on the calendar year in which they are 222 billed, with the Buyer being responsible for the day of closing. For proration purposes, all tax bills shall be added 223 together, using the last tax bill(s) issued and prorated accordingly, unless there has been a change in the taxable 224 value or special assessments on the property, in which case the proration shall be on that basis. If the Seller has 225 paid taxes in advance, the Seller shall be credited by the Buyer at the time of closing for the taxes paid in advance 226 and prorated from the date of closing to end of the calendar year. 227 If the property does not currently have a principal residence exemption (a NON PRE property) and the Buyer will 228 both close and occupy the property as their principal residence prior to June | of the current year, then the school 229 portion of the property tax bill will be prorated based on the property having a PRE. If the property is currently a 230 NON PRE property and the Buyer will both close and occupy the property as their principal residence after June 1 231 and prior to November 1 of the current year, then the school portion of the winter property tax bill, if any, will be 232 prorated based on the property having a PRE. 233 19. Land DivisionAct. (check one) 234 A This property is platted and is not being divided. 235 This property is unplatted and is not a new division under the Land DivisionAct and the Seller owns 236 no other contiguous, unplatted land unless otherwise disclosed in writing. Seller is transferring to Buyer all 237 available divisions, if any, under Section 108 of the Land DivisionAct of 1967, but makes no representations 238 as to the number. Buyer has not relied on any information or opinions of the Broker(s), Salesperson(s) or 239 Seller(s) on this matter. 240 [| This property is unplatted and is a new division under the Land DivisionAct and this agreement is 241 subject to the attached Land DivisionAddendum. 242 20. Effective Date. This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's 243 acceptance of any counteroffer, as the case may be, and this date shall hereafter be referred to as the 244 “Effective Date”. Further, any reference to “days” in this Agreement refers to business days unless otherwise 245 specified. The first business day begins at 12:01 am. on the first business day after the Effective Date. Any 246 reference to “time” refers to local time. 247 21. Electronic Communications. The parties agree that the offer, any Counter-Offer, acceptance of any offer 248 or Counter-Offer and any other written notice or communication in connection with this transaction may be 249 delivered or given by sending or transmitting it by electronic means or by fax. Any such communication 250 shall be deemed delivered at the time it is sent or transmitted. The parties agree that the electronic 251 signatures and initials shall be deemed to be valid and binding upon the parties as if the original signatures or 252 initials were present in the documents in the handwriting of each party. Seller and Buyer agree that all 253 communications can be made or delivered to listing agent on behalf of the Seller at the fax number and/or 254 the email address indicated on lines 297/298 and to the Selling Agent on behalf of the Buyer at the fax 255 number and/or the email address indicated on lines 275/276. Either party shall provide the other with notice 256 of any change of electronic mail addresses. 257 22. Wire Fraud. If you receive any electronic communication directing you to transfer funds or provide
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DocuSign Envelope ID: 1ABD283C-DEED-4BD8-9E99-DF A305FDEB4A BUY AND SELL AGREEMENT 264 24. The parties hereto agree that this is a legal and binding agreement, consisting of seven (7) pages and the 265 exhibits and addenda specifically referred to herein and constitutes the entire understanding of the parties and 266 there are no other agreements, expressed or implied. The REALTOR®/Broker recommends that all parties to 267 this Agreement retain an attorney to protect their interests in this transaction. 268 25. Buyer and Seller hereby acknowledge that they have read this Agreement and have received a completed 269 copy of this Agreement including any of the Exhibits and Addenda referred to herein. All parties agree that time is 270 of the very essence of every provision of this Agreement. Unless previously withdrawn by the Buyer, the Seller 271 must accept this offer in writing prior to June 23, 2024 at 12:00 ( Jam, [Jp.m., noon) 272 or this offer shall terminate. Date Time DocuSigned by: 273 Date: 06/22/2024 Time: 3:30 ([ JAM, [X]P.M) Corl o 6/23/2024 gyyer Signature 274 By: Josh Hendricks Colin Michael Knust Printed Selling Agent Phone No. by: 275 For: Creekstone Realty, LLC. 4 TWA 7, <3 6/23/2024 Buyer Signature Selling Office (647)202-2000 Phone No. eal fel] 276 Selling Agent Fax No.: Gabrielle Kathleen Knust Printed 277 Selling Agent Email Address: josh@creekstoneinvestments.com Selling Office License #: Listing Office License #: Selling Agent License #: Listing Agent License #: 278 26. Seller's Acceptance: As owners and Sellers of the property described herein, the undersigned accepts the 279 Buyer's offer [Mas written and no further Buyer signatures are required; or [except for the following changes 280 in Seller's Counter-Offer below: 281 282 283 284 285 286 287 288 289 and agrees to sell in accordance therewith. In the event of a Seller's Counter-Offer, unless previously 290 withdrawn by the Seller, the Buyer must accept Seller's Counter-Offer in writing prior to 291 at ( O a.m. 0 pm. 0 noon) or Seller's Counter-Offer Date Time 202 shall terminate. Seiler understands that consummation of the sale or transfer of the property described in 293 this Agreement shall not relieve the Seller of any liability that Seller may have under the mortgage(s) to 294 which the property is subject, unless otherwise agreed to by the lender or required by law or regulation. -DocuSigned by: 295 Date: Time: (Jam, Jem) [a " i Lams 6/23/2024 geller Signature AADBCACIF 20451 296 By: Josh Hendricks Matthew J Carmody Printed
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DocuSign Envelope iD: 1ABD283C-DEED-4BD8-9E99-DFA395F D6B4A 300 301 302 303 304 305 306 307 308 308 310 311 312 313 314 315 316 317 318 319 320 321 322 BUY AND SELL AGREEMENT 27. Buyer's Acceptance: | |Buyer hereby accepts Seller's Counter-Offer in paragraph 26 above either [Jas written and no further Seller signatures are required; or [ Jexcept for the following changes in Buyer's Counter- Offer below: In the event of a Buyer's Counter-Offer, unless previously withdrawn by accept Buyer's Counter-Offer in writing prior to at the Buyer, the Seller must (Jam, [Jpm, Date [7] noon) or Buyer's Counter-Offer shall terminate. Date: Time: (dam, [JpM) Time Buyer Signature Buyer Signature 28. Seller's Acceptance. a As owners and Sellers of the property described herein, the undersigned accepts the Buyer's Counter-Offer and no further Buyer signatures are required; or il As owners and Sellers of the property described herein, the undersigned rejects Buyer's Counter~-Offer. Date: Time: (Jam, 0 P.M.) Seller Signature Seller Signature
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Executed Addendum 1 Knust Family Revocable Trust v Township of Porter MTT Docket No. 25-003145
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DocuSign Envelope iD: 1ABD283C-DEED-4BD8-9E99-DFA385FDEB4A ADDENDUM TO BUY AND SELL AGREEMENT = Addendum # 1 REALTOR® endu —_— EQUAL souses In reference to Buy and Sell Agreement between Colin Michael Knust, Gabrielle Kathleen Knust the Buyer and Matthew J Carmody, Joanne B Carmody the Seller, with a referenced contract date of June 22, 2024 ,covering the real property located at 65368 Eby Read, Cassopolis , MI 49031 the undersigned Buyer and Seller further agree: All home furnishings presently in the home are to be included along with the stated items below in the purchase price. (This excludes personal items such as clothing, personal pictures, books, and games) 2012 Landau model DF140TL and trailer to be included 9 Golf cart, lawn mower, grill, smail JD mower trailer, floating raft, pier sections presently in water, boat lift, Gazebo @W NO hs WN 10 outdoor furniture, garage fridge and any misc tools the seller has in the garage and barn. 12 Legal Descriptions: 13 Home parcel: 14 LC 437-740 344-330 (595 A-1 7-13 335-260) LOT 8 BLK 7 H.F, LITTLE MICHIGAN INLAND LAKE 15 DEVELOPMENT SHAVEHEAD 1. 17 Back Lot Parcel: 18 LC 437-740 372-251 595B-17 7-13 LOTS 19 & 22 BLK 8 H F LITTLE'S MICHIGAN INLAND LAKE 19 DEVELOPMENT SHAVEHEAD 1. 23 The above is acknowledged by the Buyer and Seller to be a definite part of the Buy and Sell Agreement. In the event there is a 24 conflict between the Buy and Sell Agreement and this Addendum to Buy and Sell Agreement, this Addendum to Buy and Sell 25 Agreement shall prevail. " 8:30 am 26 Daté: ro IR OJam.[Jem. —Dogusigned by: 27 By: Col se IEBF4B501C0348C... ~~ 28 REALTOR Josh Hendricks Buyer siFWichael Knust ~—DocuSigned by: 29 For: Creekstone Realty, LLC. 30 Selling Office BuyEGi¥ He Kathleen Knust 6/23/2024 : 31 Date: / /21 Time: 8:30 am O AM. JPM. Docesignedty: 32 By zl rate 6/23/2024 [ Auatloe 8 Lams
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Michigan Boat Bill of Sale Knust Family Revocable Trust v Township of Porter MTT Docket No. 25-003145
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Docusign Envelope 10: (098EE7C1-FBAD-4BSF-980E-44093AB0BBAY MICHIGAN BOAT BILL OF SALE This agreement has been made between'the following: Colin M Knust Address: 1103 N Winchester Ave, Chicago, IL 60822 Matthew Carmody address; 85368 Eby Road Casspolls MI 49031 07/24/2024 (mm/ddlyyyy). (US Dollars) as the purchase price for Name of Buyer: Name of Seller: The date of the sale shall occur on The Buyer agrees to pay $10,000.00 the below checked item(s): ® Boat — Make: Landau Model: Year: . 23 ramen 0010645265 unr J ® Traller— Make: _Renar Model: Year: 2212 Axles: 2 VIN: 4// YARB2524¢ [DY 7863 License Plate #: 8 Motor — Make: Suzuki Model: DF140TL Year: 2011 HP: 140 serial Number: 14002F212505 Engine Hours: 150 0 Motor — Make: Model: Year: HP: Serial Number: Engine Hours: [ Boat Price: $7,000 Traller Price: $1,000 Motor(s) Price: $2000 ania) Buyer's Signature od <— Date: 24/2" _ print: Colin M Knust Seller's Signature] Matfluss J (armedy pate: 7/24/2924 _ print; Matthew Carmody ——AXDBCBCIF 53045]
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Selected Contemporaneous Photographs Knust Family Revocable Trust v Township of Porter MTT Docket No. 25-003145
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Exhibit F Selected Contemporaneous Photographs Images from the shared property media dated June-July 2024
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Owner Compiled Comparable Sales Knust Family Revocable Trust v Township of Porter MTT Docket No. 25-003145
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Exhibit G Owner Compiled Comparable Sales Market data considered for 65368 Eby Road | Values and dates are from the owner-compiled worksheet Address 66223 Dolans Ave, Vandalia 65341 North Dr, Cassopolis 61303 Alexander Dr, Vandalia 65572 W Peninsula Dr, Cassopolis 68397 George Smith Ct, Edwardsburg 66090 Dolans Ave, Vandalia 66050 Dolans Ave, Vandalia 11193 Lakeshore Dr, Three Rivers Subject - 65368 Eby Rd Sale price $465,000 $475,000 $345,000 $550,000 $499,000 $600,000 $430,000 $699,000 $865,000 all-in Sale date 05/22/24 10/30/24 08/30/24 09/10/24 11/04/24 05/14/24 09/14/24 12/16/24 07/24/24 864 1,420 1,137 1,023 2,870 2,746 Lot SF 8,865 29,185 9,148 13,939 8,860 9,863 11,761 5,576 20,168 ontage 50 ft 151 ft 50 ft 80 ft 80 ft 52ft 95 ft 60 ft 75 ft Year built | Beds | Baths 1950 1972 1950 1972 1997 1950 1950 1950 2011 2 1 3 2 2 1 3 2 3 2 2 1 2 1 3 2 5 3 Reconciliation. The eight dated sales range from $345,000 to $699,000, with a median of $487,000 and an average of approximately $507,900. The subject is larger and newer than most sales; other material differences include lake, frontage, site utility, condition, and personal property conveyed. The sales are used as qualitative brackets. Petitioner concludes $550,000 for the improved lakefront parcel plus $45,000 for the back-lot parcel. Important. The subject's $865,000 price is the gross all-in consideration for both parcels and the extensive property identified in Addendum 1. It is shown for context only and is not treated as a real-estate-only sale price. Knust Family Revocable Trust v Township of Porter MTT Docket No. 25003145 | Exhibit G Page 27 of 27
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Hox Bb 700 Towner Street Ypsilanti, M1 48198 (734) 485-7000 Mich am Tay 70. Moy 36 Lansing , my