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Red River Trust

Red River Trust

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Rob Port
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0% found this document useful (0 votes)
4K views8 pages

Red River Trust

Red River Trust

Uploaded by

Rob Port
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
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STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL wow allomaygeneral.nd. gov (701) 328-2210 ‘VILLGaTiON NATURAL RESOURCES "AND INDIAN AFFAIRS S00 NORTHO™ STREET Drow H, Wigley BISMARCK, ND8301-4509 ATTORNEY GENERAL (701) 328-3640) FAX 1) 328-4300 June 29, 2022 and Email: mthompson@vogellaw.com Mr. Matthew L. Thompson Attomey at Law ‘Vogel Law Firm P.O. Box 1389 Fargo, ND 58107-1389 Via U.S. Mi Re: North Dakota’s Corporate Farming Law File No, 2022-58 Dear Mr. Thompson: ‘Thank you for your prompt reply to our inquiry into the conveyance of real property to Red River Trust on November 4, 2021, via the deed recorded as Document No. 259641. Thank you also for clarifying the additional questions we had regarding the trust and the filing for a different unrelated trust having the same name with the North Dakota Secretary of State. After reviewing all the information, we are satisfied that pursuant to N.D.C.C. § 10-06.1-09, Red. River Trust’s current ownership and lease of the land to Campbell Farms, a General Partnership, isin compliance with N.D.C.C. ch. 10-06.1. Accordingly, we are deeming our inquiry file inactive. ‘Thank you for your cooperation and assistance in this matter. Sincerely, C Hh ‘Helm Paralegal Corporate Farming Enforcement Division State of North Dakota SECRETARY OF STATE Certified Copies of Red River Trust SOS Control ID#: 0005803728 Certificate #: 021991328-1 Thereby certify on this date, June 22, 2022, that this is a true and correct copy of 1 pages as taken from the records of this office. Alvin A. Jaeger Secretary of State Image 1D Filing Description 'B0450-8006 Initial Filing | I AMI FICTITIOUS PARTNERSHIP NAME CERTIFICATE ‘SECRETARY OF STATE (Soe SFN 07008) FILING FEE: + Certificate with up to two partners: $25 + Each adcitional partner: $3 (not to exceed $250) 0005803728 For Ofce Use Only -FILED- 508 Contr low: 0005009728 Date Filed: 2/15:2022 ®4 ZZ0Z/ST/Z0 9008-0Sb0E Fetious Nome Red River Trust Pini! Pace of Business Adress 48111 HIGHWAY 17 GRAFTON, ND 58237-8800 Panershipiformaton General partnership State or country partnership was created: NORTH DAKOTA (Own and manage real estate Gregory Campbell Sign Here Pamnare ‘Name of General Parner Comsat Maing Adress Gregory Campbell 15111 Highway 17 Grafton, ND 58237 William Campbell 15111 Highway 17 Grafton, ND 58237 Thomas Campbell 19111 Highway 17 Grafton, ND 58237 ‘Sonate |, tho undersigned and a genera partner, have read this Cetfcata, know the contens, and believe the statements Contained within to be tue. | understand that | make a fale statement, | may be subject to criminal ponates. 02/15/2022 Date Page 1 of zebeep “y uqTATY 92835 Jo Aze3Ez09g GN Aq panto: Page 1 of From: Matthew L. Thompson Sent: Friday, June 24, 2022 1:57 PM To: Helm, Kerrie L. Subject: RE: Red River Trust letter ‘***** CAUTION: This email originated from an outside source. Do not click links or open attachments unless you know: they are safe. **#*** Ms. Helm, In response to your first request that we confirm the “trust” meets the definition in N.D.C.C § 10-06.1-01/4)(c): Red River Trust does not need to meet the definition of a trust under N.D.C.C § 10-06.1-01(4)(c). That provision defines “Nonprofit organizations” that may own farmland under N.D.C.C. § 10-06.1-09. N.D.C.C. § 10-06.1-09(1) provides that either “A nonprofit organization or a trust for the benefit of an individual” may own or lease farmland if that land is leased to a person who farms the land as a sole proprietorship or partnership. Red River Trust's qualification to own farmland under Section N.D.C.C. § 10-06.1-09(1) is on the basis that itis a “trust for the benefit of an individual” as set forth in the statute, not as that it is a Nonprofit organization In response to your second request that we provide copies of the documents filed by Red River Trust with the North Dakota Secretary of Stat My client, the Red River Trust, did not file anything with the North Dakota Secretary of State. As a result of recent news articles, it came to my client’s attention that a Partnership Name Certificate was filed with the Secretary of State this, past February to register the name Red River Trust as the name of a general partnership. Attached is a copy of that filing. This filing was made without the knowledge of my client. | hope these responses address your further requests of my client. Please let me know if you need anything else. Matthew L. Thompson | Attorney 218 NP Avenue P.O. Box 1389 | Fargo, ND 58107-1389 Tel: 701.237.6983 | e-mail | vogellaw.com | bia VoG P ‘This isa transmission from the Vogel Law Flrm, Ltd. and may contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, any disclosure, copying, distribution, or use of the ‘contents ofthis message is prohibited. by-return email From: Helm, Kerrie L. Sent: Friday, June 24, 2022 11:16 AM To: Matthew L. Thompson Subject: RE: Red River Trust letter Mr. Thompson, Thank you for your prompt reply to our inquiry. We require additional information, Please confirm the “trust” meets the definition in N.D.C.C § 10-06.1-01(4)(c). Additionally, please provide copies of the documents filed by Red River Trust with the North Dakota Secretary of State. Thank you. ‘Keme Kerrie L. Helm Paralegal Office of Attorney General Corporate Farming Enforcement Di 500 North 9th Street Bismarck, ND 58501-4509 Phone (701) 328-3640 Fax (701) 328-4300 From: Matthew L. Thompson Sent: Friday, June 24, 2022 8:14 AM To: Helm, Kerrie L. Subject: RE: Red River Trust letter ***°* CAUTION: This email originated from an outside source. Do not click inks or open attachments unless you know they are safe. *##4* Ms. Helm, ‘Attached is Red River Trust’s response to the customary corporate farming inquiry letter, dated June 21, 2022, sent by your office. If you would, please confirm receipt of the attached. Thank you and have a great weekend. Matthew L. Thompson | Attorne; 218.NP Avenue P.O. Box 1389 | Fargo, ND 58107-1389 Tel: 701.237.6983 | ‘This is a transmission from the Vogel Law Firm, Ltd. and may contala information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, any disclosure, copying, distribution, or use ofthe ‘contents ofthis message Is prohibited. Dbyseturemail From: Helm, Kerrie L. Sent: Thursday, June 23, 2022 4:51 PM. To: Matthew L. Thompson ‘Subject: RE: Red River Trust letter Good afternoon Mr. Thompson, Thank you for your prompt email. Attached is a scanned copy of the letter mailed to Red River Trust on ‘Tuesday. We look forward to receiving your response. Sincerely, Keri Kerrie L. Helm Paralegal Office of Attorney General Corporate Farming Enforcement Division 500 North 9th Street Bismarck, ND 58501-4509 Phone (701) 328-3640 Fax (701) 328-4300 From: Matthew L. Thompson Sent: Thursday, June 23, 2022 3:46 PM To: Helm, Kerrie L. Subject: Red River Trust letter “***** CAUTION: This email originated from an outside source. Do not click links or open attachments unless you know they are safe. ***** Ms. Helm, Good afternoon. Vogel Law Firm represents Red River Trust. Based on various news stories circulating, we understand that a customary corporate farming inquiry, dated June 21, 2022, has been sent by your office to my client. We would like to promptly respond, but my client has not yet received the letter at its Lenexa, KS address. Could you please email me a complete copy of that letter? Thank you. Matthew L. Thompson | Attorney 218NP Avenue P.O. Box 1389 | Fargo, ND 58107-1389 Tel: 701.237.6983 | ‘This isa transmission from the Vogel Law Firm, Ltd. and may contain information whichis privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, any disclosure, copyinge distribution, or use ofthe ‘contents of this message is prohibited. dbyeturn email, Matthew L. Thompson June 24, 2022 Ms. Kerrie Helm Via Electronic Mail Corporate Farming Enforcement Division khelm@nd.gov North Dakota Office of Attorney General Re: Red River Trust File No. 2022-58 Dear Ms. Helm, Please be advised that Vogel Law Firm represents Red River Trust, We are in receipt of your letter dated June 21, 2022, with regard to compliance with North Dakota’s Corporate or Limited Liability Company Farming statute, N.D.C.C. ch. 10-06.1 (the “Act”) and the above-referenced file number. Please accept this as our client’s response to your office’s customary inquiry. Red River Trust is in compliance with the Act, pursuant to N.D.C.C. § 10-06,1-09, which states in relevant part as follows: 1. A nonprofit organization or a trust for the benefit of an individual or a class of individuals related within the degrees of kinship specified in subsection 2 of section 10-06.1- 12 may own or lease farmland or ranchland if that land is leased to a person who farms or ranches the land as a sole proprietorship or partnership ...”. emphasis added] Red River Trust is a trust established pursuant to the laws of the State of Washington. William H. Gates, III its sole beneficiary. The Pembina and Walsh County farmland purchased by Red River ‘Trust in 2021 is leased to Thomas Campbell, William Campbell, and Gregory Campbell, together doing business as Campbell Farms, a General Partnership, for farming. The Campbell family has a ong history of operating these Pembina and Walsh County farmlands, which has continued under the ownership of Red River Trust. Please feel free to contact me should you have any further questions regarding this matter. Best regards, Matthew L. Thompson 2148p | FS | ND 170 OGEL rene BIS BS MND a Law Firm Fares rch * Moorhead #Minneapolis * Grand Forks www. vogellw:com

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