-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, WDLgCe0YZOrLXq9xd0X0twvA+IxNLqYTtY3AtoTn1bvgyBOQDbjtWkXwKzAiTfDO RWvd/ZYKUwGzqABIFsRcGw== 0000798359-06-000037.txt : 20061002 0000798359-06-000037.hdr.sgml : 20061002 20061002165512 ACCESSION NUMBER: 0000798359-06-000037 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060920 FILED AS OF DATE: 20061002 DATE AS OF CHANGE: 20061002 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: INVESTORS REAL ESTATE TRUST CENTRAL INDEX KEY: 0000798359 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 450311232 STATE OF INCORPORATION: ND FISCAL YEAR END: 0430 BUSINESS ADDRESS: STREET 1: 12 SOUTH MAIN STREET STREET 2: PO BOX 1988 CITY: MINOT STATE: ND ZIP: 58702-1988 BUSINESS PHONE: 701-837-4738 MAIL ADDRESS: STREET 1: 12 SOUTH MAIN STREET STREET 2: PO BOX 1988 CITY: MINOT STATE: ND ZIP: 58702-1988 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SCOTT W DAVID CENTRAL INDEX KEY: 0001203595 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 000-14851 FILM NUMBER: 061121259 BUSINESS ADDRESS: BUSINESS PHONE: 701-837-4738 MAIL ADDRESS: STREET 1: C/O INVESTORS REAL ESTATE TRUST STREET 2: 12 SOUTH MAIN STREET CITY: MINOT STATE: ND ZIP: 58701 3 1 primary_doc.xml PRIMARY DOCUMENT X0202 3 2006-09-20 0 0000798359 INVESTORS REAL ESTATE TRUST IRETS 0001203595 SCOTT W DAVID C/O INVESTORS REAL ESTATE TRUST 12 SOUTH MAIN STREET MINOT ND 58701 1 0 0 0 No securities are beneficially owned 0 D UPREIT Units Common shares of beneficial interest 1250202 I by Tetrad Corporation UPREIT Units Common shares of beneficial interest 1052167 I by Flagship Building, LLC UPREIT Units Common shares of beneficial interest 751823 I by MR Inc. No.2 UPREIT Units Common shares of beneficial interest 371233 I by MR No. 18, LLC UPREIT Units Common shares of beneficial interest 503406 I by MR No. 14, LLC UPREIT Units Common shares of beneficial interest 188117 I by MR No. 15, LLC UPREIT Units Common shares of beneficial interest 786015 I by 13690 Riverport, LLC UPREIT Units Common shares of beneficial interest 496275 I by 114 Timberlands, LLC UPREIT Units Common shares of beneficial interest 487711 I by 108 Farnam, LLC Limited partnership units in IRET Properties, a North Dakota limited partnership, of which the issuer is the general partner. The UPREIT Units are redeemable on the second anniversary of the date of their acquisition for an equal number of the issuer's common shares, or, at the election of the issuer, cash based on the market value of an equal number of the issuer's common shares. The UPREIT Units were received in exchange for the indirect contribution to IRET Properties of certain real estate properties. The value of the UPREIT Units was $9.50 per unit as of the acquisition date. UPREIT Units are convertible to common shares of the issuer on a one-for-one basis. UPREIT Units have no experation date. The reporting person holds, directly or indirectly, an ownership interest in this entity. The reporting person disclaims beneficial ownership of these securities except to the extent of his pecuniary interest therein, and the inclusion of these securities in this report shall not be deemed an admission of beneficial ownership of all of the reported securities for purposes of Section 16 or for any other purpose. Exhibit List Exhibit 24 - Power of Attorney Michelle Saari, Attorney-in-Fact 2006-10-02 EX-24 2 powerofattorneyscott.htm POWER OF ATTORNEY POWER OF ATTORNEY

POWER OF ATTORNEY

 

KNOW ALL BY THESE PRESENTS, that the undersigned (the “Reporting Person”) hereby constitutes and appoints each of Michael Bosh, Diane Bryantt, Michelle Saari and Karin Wentz, signing singly, as the Reporting Person’s true and lawful attorney-in-fact to: 

1.          execute for and on behalf of the Reporting Person, in the Reporting Person’s capacity as an officer and/or trustee of Investors Real Estate Trust (the “Company”), Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder;

2.          do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5 and timely file such forms with the United States Securities and Exchange Commission and any stock exchange or other authority where such filing is required; and

3.          take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required of, the Reporting Person. 

The Reporting Person hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the Reporting Person might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact’s substitute or substitutes, shall lawfully do or cause to be done by the virtue of this power of attorney and the rights and powers herein granted.  The Reporting Person acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the Reporting Person, are not assuming, nor is the Company assuming, any of the Reporting Person’s responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. 

This Power of Attorney shall remain in full force and effect until the Reporting Person is no longer required to file Forms 3, 4 and 5 with respect to the Reporting Person’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the Reporting Person in a signed writing delivered to the foregoing attorneys-in-fact. 

IN WITNESS WHEREOF, the Reporting Person has caused this Power of Attorney to be executed as of this 02 day of October, 2006.

W. David Scott

/s/ W. David Scott
Reporting Person 

/s/ Gail K. Hawkins
Witness 

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