Loading...
HomeMy WebLinkAboutTermination of Assignment of Lease/0102300000 US TITLE & CLOSING SERVICES, LLC ©rr - Gi Clerk- 8112 W. Bluemound Road, Suite 200 Copte S— Ca.,,.,n,,A Pet/. } City A Wauwatosa, WI 53213 River iver From- Senior' PO-- 414-454-2340 FAX November 2,2012 Dear Sir/Madam, Please find enclosed the Original Recorded Termination of Lease.This document was recorded electronically and is being forwarded to you for your records. cerely, ti /JC — Jo nne Kaminsky US Title and Closing Services, LLC Enclosure: Original Recorded Termination of Lease 1619605 TERMINATION OF REGISTER'S OFFICE Assignment of Lease WINNEBAGO COUNTY, WI • RECORDED ON Document Number Document Title 10/31/2012 11:16 AM JULIE PAGEL REGISTER OF DEEDS This TERMINATION OF ASSIGNMENT OF LEASE (the "Termination Agreement"), entered into as of the ii1`4day of RECORDING FEE 30.00 ;,zrv,; r , 2012, by and between River Front Senior Apartments, LLC, a Wisconsin limited liability company,whose principal office is located at 230 Ohio Street, Suite 200, Oshkosh, Wisconsin 54902 ("Borrower"), West Pointe Bank, whose principal office is located at 1750 Witzel Avenue in Recording Area Name and Return Address Oshkosh, Wisconsin ("Lender"), and the City of Oshkosh, a City Attorney's Office Wisconsin Municipal Corporation, and the City of Oshkosh 215 Church Ave.P.O.Box 1130 Redevelopment Authority, (collectively, "City") by virtue of Oshkosh,WI 54903-1130 being the Landlord of the Property (collectively, 90102300000 "Parties")(individually, "Party"). Property Identification Number The Parties entered into an Assignment of Lease agreement dated April 22, 2010, and recorded with the Winnebago County Register of Deeds on April 26, 2010 as Document Number 1537602 ("Assignment Agreement"). The Assignment Agreement encumbers the property commonly known as 449 Marion Road; Oshkosh, WI 54902 and legally described on Exhibit A attached hereto (the "Property"). As of the date hereof, City is conveying fee simple interest in the Property to Borrower and as a result, the Parties desire to terminate the Assignment Agreement. THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Assignment Agreement is terminated as of the date hereof. 2. Notwithstanding any actual or implied provision of this Termination Agreement, it is not the intent of the Parties to alter, affect, change, or modify any other agreements, understandings, or contracts between Lender, Borrower, and/or other entities. 3. Lender acknowledges that it has not exercised its contingent rights as outlined in the Assignment Agreement and, therefore, any obligations to quit, surrender, or return the property to the City do not apply. 4. This Termination Agreement shall be for the benefit of, and shall be binding upon, the Parties and their respective heirs, executors, administrators, and assigns. 8544059 TERMINATION OF Assignment of Lease Document Number Document Title d E _ tcaly } t , 1,, e This TERMINATION OF ASSIGNMENT OF LEASE (the "Termination Agreement"), entered into as of the VW day of v:,ragot,.- , 2012, by and between River Front Senior Apartments, LLC, a Wisconsin limited liability company, whose principal office is located at 230 Ohio Street, Suite 200, Oshkosh, Wisconsin 54902 ("Borrower"), West Pointe Bank, whose principal office is located at 1750 Witzel Avenue in Recording Area Name and Return Address Oshkosh, Wisconsin ("Lender"), and the City of Oshkosh, a City Attorney's Office Wisconsin Municipal Corporation, and the City of Oshkosh 215 Church Ave. P.O. Box 1130 Redevelopment Authority, (collectively, "City") by virtue of Oshkosh,WI 54903-1130 being the Landlord of the Property (collectively, 90102300000 "Parties")(individually, "Party"). Property Identification Number The Parties entered into an Assignment of Lease agreement dated April 22, 2010, and recorded with the Winnebago County Register of Deeds on April 26, 2010 as Document Number 1537602 ("Assignment Agreement"). The Assignment Agreement encumbers the property commonly known as 449 Marion Road, Oshkosh, WI 54902 and legally described on Exhibit A attached hereto (the "Property"). As of the date hereof, City is conveying fee simple interest in the Property to Borrower and as a result, the Parties desire to terminate the Assignment Agreement. THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Assignment Agreement is terminated as of the date hereof. 2. Notwithstanding any actual or implied provision of this Termination Agreement, it is not the intent of the Parties to alter, affect, change, or modify any other agreements, understandings, or contracts between Lender, Borrower, and/or other entities. 3. Lender acknowledges that it has not exercised its contingent rights as outlined in the Assignment Agreement and, therefore, any obligations to quit, surrender, or return the property to the City do not apply. 4. This Termination Agreement shall be for the benefit of, and shall be binding upon, the Parties and their respective heirs, executors, administrators, and assigns. 8544059 5. There shall be no termination payment or compensation owed by any Party to this Termination Agreement. 6. This Termination Agreement may be executed in multiple counterparts. [SIGNATURE PAGES FOLLOW] 8544059 BORROWER SIGNATURE PAGE TO TERMINATION OF ASSIGNMENT OF LEASE (wizT vovNT4 %MO..) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. BORROWER: River Front Senior Apartments, LLC, a Wisconsin limited liability company By: River Front Senior Apartments MM, LLC, a Wisconsin limited liability company, Manager By: Oshkosh River Development, LLC, a Wisconsin limited liability company, Sole Member By: AnG dfew J. Dumke Managing Member STATE OF WISCONSIN ) ) ss \ -Nc.,eho-cu COUNTY ) Personally came before me this \ t day of ©c..to' Y , 2012, the above-named Andrew J. Dumke, as Managing Member of Oshkosh River Development, LLC, Sole Member of River Front Senior Apartments MM, LLC, Manager of River Front Senior Apartments, LLC , to me known to be the person who executed the foregoing instrument and acknowledged the same. L° ho-v-lC`A-tc 1'c Notary Public, State of Wisconsin My Commission expires: C■i k ■ , '40 I y 8544059 LENDER SIGNATURE PAGE TO TERMINATION OF ASSIGNMENT OF LEASE: LENDER: West Pointe Bank Kurt Rheingans, Vice-President STATE OF WISCONSIN ) ) ss ( 1 hvn.t c: COUNTY ) Ocici-ye% Personally came before me this I day ofe; 2012, the above-named Kurt Rheingans, as Vice-President of West Pointe Bank, to me known to be the person who executed the foregoing instrument and acknowledged the same. Av. • 1 NOTgpy Noitty Public, State of Wisconsin : » Mommission expires: 3 - Z o /y PUBLIC 8544059 CITY OF OSHKOSH CITY OF OSHKOSH RED VELOPMENT AUTHORIT By: By: /. f Mark . Rohloff, City Manager Thomas :elter, Chairman By: iL , ' BY Ir!j Pamela R. Ubrig, City C -rk . Allen Davis, III, Executive Director STATE OF WISCONSIN ) ) ss WINNEBAGO COUNTY ) Personally came before me this o2C day of September, 2012, the above-named Mark A. Rohloff and Pamela R. Ubrig, to me known to be the persons who executed the foregoing instrument and acknowledged the same. ikkaft • nn og P° IIY D� Notary Public, State of Wisconsin My Commission expires: -7/Cr STATE OF WISCONSIN ) ) ss WINNEBAGO COUNTY ) Personally came before me this day of September, 2012, the above-named H. Allen Davis, III, to me known to be the persons who executed the foregoing instrument and acknowledged the same. 9 Notary Public, State of Wisconsi My Commission expires: STATE OF WISCONSIN ) )ss WINNEBAGO COUNTY ) Personally came before me this FAT—day of September, 2012, the above-named Thomas Better, to me known to be the persons who executed the foregoing instrument and acknowledged the same. CL C om. iij111411blr` Notary Public, State of Wisconsin / My Commission expires: \-7 (r /AIV This document drafted by: / David J.Praska Assistant City Attorney Oshkosh,Wisconsin 54903 Draft: September 14, 2012 EXHIBIT A LEGAL DESCRIPTION Lot One (1) of CERTIFIED SURVEY MAP NO. 6408 filed in Volume 1 of Certified Survey Maps on Page 6408 as Document No. 1520619;being part of Lots 1 and 2 of CSM 5879 in the South 1/2 of the North East 1/4 and the North 1/2 of the South East 1/4 of Section 23, Township 18 North,Range 16 East,First Ward, City of Oshkosh, Winnebago County, Wisconsin. 8544059