Parcel B. That part of the Southeast Quarter of Section 7, Township 115, Range 23, Carver County, Minnesota described as follows: Commencing at the East quarter corner of said Section 7; thence North 89 degrees 48 minutes 03 seconds West assumed bearing along the north line of said Southeast Quarter, a distance of 1151.12 feet; thence South 00 degrees 11 minutes 57 seconds West, perpendicular to said north line of the Southeast Quarter, a distance of 233.00 feet to the south line of the North 233.00 feet of said Southeast Quarter of said Section 7; thence North 89 degrees 48 minutes 03 seconds West along said south line of the North 233.00 feet, a distance of 441.33 feet to the point of beginning; thence North 20 degrees 29 minutes 12 seconds West, 51.30 feet; thence northwesterly 182.07 feet along a tangential curve concave to the northeast having a radius of 1060.00 feet and central angle of 9 degrees 50 minutes 29 seconds to said north line of the Southeast Quarter; thence North 89 degrees 48 minutes 03 seconds West along said north line of the Southeast Quarter, 81.35 feet; thence southeasterly 211.12 feet along a non-tangential curve concave to the northeast having a radius of 1140.00 feet, central angle of 10 degrees 36 minutes 38 seconds and chord bearing of South 15 degrees 10 minutes 53 seconds East; thence South 20 degrees 29 minutes 12 seconds East tangent to last described curve 21.09 feet to said south line of the North 233.00 feet of the Northeast Quarter; thence South 89 degrees 48 minutes 03 seconds East along said south line of the North 233.00 feet, a distance of 85.51 feet to the point of beginning.
Parcel B. The term ‘parcel B’ means the par- cel of land in the Mineral Springs area referred to as ‘parcel B’ in section 3(b) of the Act entitled ‘An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in Califor- nia, and for other purposes’, approved September 21, 1959, commonly known as the ‘Agua Caliente Equali- zation Act of 1959’ (25 U.S.C. 953(b)).
Parcel B. It is anticipated that Guarantor shall acquire Parcel B from Pxxxxx Homes. Concurrently with the acquisition of Parcel B, Borrower shall satisfy the following provisions: (a) Borrower shall pay Lender all out-of-pocket costs and expenses incurred by Lender in connection with the acquisition transaction, including, without limitation, the cost of any title insurance policies and(or) title insurance endorsements required by Lender; (b) Guarantor shall execute and(or) deliver such documents and agreements as Lender shall reasonably require in connection with the acquisition transaction and the right of Lender to have a first lien security interest in Parcel B and all interests appurtenant thereto, including applicable personal property, including, without limitation, the Deed of Trust (Guarantor), Assignment of Leases (Guarantor), and UCC-1 Financing Statement in the form of Exhibit “M” attached hereto and incorporated herein by this reference, all in form and substance satisfactory to Lender in Lender’s sole discretion; (c) to the extent there are any leases and(or) subleases in favor of Borrower, Guarantor and(or) their affiliates with respect to Parcel B, said leases and(or) subleases shall be subordinated to the Parcel B Deed of Trust and Lender, in its sole discretion, shall be entitled to take a security interest in said leases and(or) subleases, and require the delivery of estoppel certificates from the Borrower and its affiliates, as applicable; (d) Borrower shall pay Lender all attorneys’ fees and costs incurred by Lender in connection with the foregoing transaction; (e) Title Insurer shall issue to Lender such title insurance coverage as Lender shall require in its sole discretion, and only with such exceptions for Permitted Encumbrances, and such other exceptions as may be approved by Lender, in its sole discretion, insuring the first lien priority of the Deed of Trust (Guarantor) and of the Assignment of Lease (Guarantor). In the event the lot line adjustment described in Paragraph 13.1 shall have occurred prior to or concurrently with Guarantor’s acquisition of Parcel B as described above, then this Paragraph shall be of no further force or effect.
Parcel B. Northwest Quarter of Section 15 (except Parcel ‘A’ as described above), and except that part sold to Xxxxxxxxx Railroad Company, and all that part of the Southwest Quarter, Section 10, South of the Winona and St. Xxxxx Railroad; all in. X0000X, X00X, Xxxxxxx Xxxxxx, Xxxxxxxxx. (Described in Olmsted County real estate records as Parcel Numbers 62.15.21.073955 and 62.10.33.032684). EXHIBIT B GUARANTOR ACKNOWLEDGEMENT OF REAL PROPERTY SUBORDINATION AGREEMENT The undersigned hereby acknowledge and consent to subordination of the $2,040,000 first mortgage (dated June 6, 2008 in favor of Winona National Bank and recorded as document number A-1171054 on June 18, 2008 in Olmsted County, Minnesota) to a $250,000 revolving line of credit referenced as note #71559. /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx, As individual and limited guarantor of MinnErgy, LLC /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx, As individual and limited guarantor of MinnErgy, LLC /s/ Xxx Xxxxxxxxxx
Parcel B. Together with the benefits of that certain non-exclusive easement for ingress and egress and public utilities over access roads numbered 2 and 3 as described in Exhibit A of the Declaration Easement dated February 8, 1983 and recorded February 15, 1983 as Instrument Number 83-10408, in the Office of the Recorder of Xxxxxx County, Indiana, subject to and upon the terms conditions, provisions and limitations therein. Parcel C Together with the benefits of that certain Memorandum of Operating Agreement dated December 20, 1970 and recorded December 30, 1970 as Instrument Number 70-58244, amended by Third Amendment dated August 19, 1983 and recorded August 24, 1983 as Instrument Number 83-60653, subject to and upon the terms conditions, provisions and limitations therein.
Parcel B. Together with the benefits, if any of the easements, conditions, restrictions and covenants related to facilities for water, sewer, storm water drainage, electric and gas, as shown on the recorded Sub-Division of Cranberry Square Associates, L.P., recorded in Plan Book Volume 189, pages 45 and 46, and in the Warrendale Industrial Park Plan No. 7, recorded in Plan Book Volume 172, page 44 which is (inter alia) a resubdivision of Lot 4-C1 in Plan Book Volume 152, page 44 (Plan No. 6) in Plan Book Volume 120; page 2, and as shown on “As Built” Surveys prepared for Cranberry Square Associates recorded at Plan Book Volume 197, page 27, as Drawings As-Built 1001, As-Built 1002 and As-Built 1003. LEGAL DESCRIPTION TRU # SC-8822 CTIC-NY-CSU # 1209-04053 Parcel A ALL that certain piece, parcel or tract of land located, lying and being in the City and County of Greenville, State of South Carolina, containing 9.888 acres, more or less, as shown on plan entitled, “Survey for Toys R Us”, prepared by the Piedmont Group, dated April 25, 1985, revised May 6, 1985, and recorded in the Register of Deeds Office for Greenville County, June 11, 1985, in Plat Book 1-P at Page 31, reference being made to said plat to the exact metes and bounds thereof. LESS HOWEVER: All that certain piece, parcel or tract of land located in the County of Greenville, State of South Carolina, containing 5.612 acres located at the intersection of Airport Road and Xxxxx Crossing Road as shown on plat of survey for Crosspointe Limited Partnership, dated March 6, 1990, prepared by Xxxx X. Xxxxxxx, R.L.S. #2212, recorded in RMC Office for Greenville County, South Carolina in Plat Book 18-L at Pages 27 & 28, reference being made hereto said plat to the exact metes and bounds thereof. Parcel B Together with the benefits, if any, of the Ten ($10.00) Easement from Xxxxxx International Corporation recorded in Deed Book 1241 at Page 454 on June 10, 1985, in aforesaid records. Parcel C Together with the benefits, if any, of any of the Easement, Operation and Maintenance Agreement recorded on August 7, 1985, in Deed Book 1246 at Page 44, and amended on November 5, 1997 in Deed Book 1725 at Page 498. Parcel D Together with the benefits of Reciprocal Easement and Operation Agreement to Crosspointe Plaza Limited Partnership recorded on March 28, 1990 in Deed Book 1393 at Page 772 and first amended on June 24, 1992 in Deed Book 1478 at Page 674. LEGAL DESCRIPTION TRU # SC-8890 CTIC-NY-CSU # 1209-04053 PARCEL A All...
Parcel B. A non-exclusive easement for construction and maintenance on the terms and conditions therein, as granted to One Embarcadero Center West, a California Limited Partnership by an instrument recorded April 2, 1986, Series No. D785482, Book E57, Official Records, Page 1546, and amended by document recorded February 25, 1988, Book E537, Official Records, Page 1155, Series No. E134700, over the land described as follows: Beginning on the southerly line of Clay Street, as Clay Street now exists, at a point distant thereon 109.50 feet easterly from the easterly line of Sansome Street; thence easterly along said line of Clay Street 2.00 feet; thence at a right angle southerly 94.50 feet to the northerly line of Commercial Street; thence at a right angle westerly along said line of Commercial Street 2.00 feet; thence at a right angle northerly 94.50 feet to the point of beginning. Being a portion of 00 Xxxx Xxxxx Xx. 00 Xxxxxx X: Beginning on the southerly line of Clay Street, as Clay Street now exists, at a point distant thereon 163.50 feet westerly from the westerly line of Xxxxxxx Xxxxxx; thence westerly along said line of Clay Street 0.198 feet to a point distant thereon 111.50 feet easterly from the easterly line of Sansome Street; thence southerly at a right angle to said line of Clay Street 94.50 feet to the Loan No. 1004873 northerly line of Commercial Street; thence at a right angle easterly along said line of Commercial Street 0.198 feet to a point distant thereon 163.50 feet westerly from the westerly line of Battery Street, thence northerly at a right angle to said line of Commercial Street 94.50 feet to the point of beginning.
Parcel B. Northwest Quarter of Section 15 (except Dxxx Xxxxx parcel described above), and except that part sold to Cxxxxxxxx Railroad Company, and all that part of the Southwest Quarter, Section 10, South of the Winona and St. Pxxxx Railroad; all in T000X, X00X, Xxxxxxx Xxxxxx, Xxxxxxxxx. (Described in Olmsted County real estate records as Parcel Numbers 62.15.21.073955 and 62.10.33.032684)
Parcel B. The southeasterly half of Lot 6 and all of Lxx 0, Xxxxx 00, Xxxxxxxx to the Town of Seattle, as laid out by AA. Dxxxx (commonly known as A.X. Xxxxx’x Third Addition to the City of Seattle), according to the plat thereof recorded in volume 1 of Plats, page 33, in King County, Washington; TOGETHER WITH the northeasterly half in width of vacated alley adjoining Lot 7 and the southeasterly half of Lot 6, all in Block 17; EXCEPT that portion lying within the following described parcel: Beginning at the southeast corner of Block 17, Addition to the City of Seattle, as laid out by A.X. Xxxxx (commonly known as A.X. Xxxxx’x Third Addition to the City of Seattle), according to the plat thereof recorded in Volume 1 of Plats, page 33, in King County, Washington; thence northerly along the east line of said Block 17, north 30 37’10” west 5.00 feet to a point 5.00 feet northerly of, as measured at right angles, the south line of said Block 17 and the TRUE POINT OF BEGINNING; thence westerly and parallel with the south line, south 59 21’52” west 131.00 feet; thence northerly and parallel with the east line of said Block 17, north 30 37’10” west 127.50 feet; thence easterly and parallel with the south line of said Block 17, north 59 21’52” east 131.00 feet to the east line of said Block 17; thence southerly along said east line, south 30 37’10” east 127.50 feet to the point of beginning. PARCEL C: Beginning at the southeast corner of Block 17, Addition to the City of Seattle, as laid out by A.X. Xxxxx (commonly known as A.X. Xxxxx’x Third Addition to the City of Seattle), according to the plat thereof recorded in Volume 1 of Plats, page 33, in King County, Washington; thence northerly along the east line of said Block 17, north 30 37’10” west 5.00 feet to a point 5.00 feet northerly of, as measured at right angles, the south line of said Block 17; thence westerly and parallel with said south line, south 59 21’52” west 131.00 feet to the TRUE POINT OF BEGINNING; thence northerly and parallel with the east line of said Block 17, north 30 37’10” west 127.50 feet; thence easterly and parallel with the south line of said Block 17, north 59 21’52” east 131.00 feet to the east line of said Block 17; thence northerly along said east line, north 30 37’10” west 217.23 feet to a point 10.00 feet south of, as measured at right angles, the north line of Block 17; thence westerly and parallel with said north line, south 59 22’24” west 256.07 feet to the west line of said Block 17; the...
Parcel B. A non-exclusive easement for vehicular and pedestrian ingress, egress and circulation purposes over, along and across that portion of Parcel 4 of Parcel Map No. 15957, in the City of San Diego, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, on January 17, 1990 as File No. 90-028024 of Official Records, delineated and designated thereon as “Water and Sewer Easement Granted Hereon”, and that portion of Parcel 3 of said Parcel Map No. 15957 delineated and designated thereon as “Water and Drainage Easement Granted Hereon”.
