HomeMy WebLinkAboutA022 - Subordination of Financing Statement (second recording) SUBORDINATION
The undersigned, the present owner of the financing statement
i
hereinafter described, for valuable consideration, receipt of which
is hereby acknowledged, hereby agrees that all of its rights under
the terms of the following financing statement executed by
MORTENSON II, A LIMITED PARTNERSHIP:
Financing Statement filed for record on August 24, 1990,
in Book 397, Page 309, records of Story County, Iowa;
shall be junior, inferior and subordinate to the interests of the
CITY OF AMES, IOWA, in the areas designated for easements in the
Utility Easement filed for record on Y)O\Wwm6sk-b , 1994, as
Instrument No 91J-11C)1p, a copy of which is attached hereto, marked
Exhibit "A", and made a part hereof.
The undersigned specifically retains and reserves all rights
against all of the remaining property embraced in the financing
statement above described.
Words and ,phrases herein, including acknowledgment hereof,
shall be construed as in the singular or plural, and as masculine,
feminine or neuter gender, according to the context.
Dated this 28th day of October , 1994.
ST0�COL"WFOR ,FX�GMOQ CAPITAL MORTGAGE PLUS L.P. ,
/_ A LIMITED PARTNERSHIP
NOV 08M PU3
v By: CIt
ci es Inc. ,
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Rewdng Foe$ ►_Q By
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IT- ;—
Lr j ss:
STATE OF , COUNTY OFOn this day of , 1994, before me, the
undersigned, a Not! c in and for said state, personally
wrywhoappeared JLN AQ-S' J � gubl
tx'.A , to me personally known, ,
2
being by me duly sworn, did say that the person is the Senior vice
1 President of CIP Associates, Inc. , the General Partner of CAPITAL
MORTGAGE PLUS L.P. , A LIMITED PARTNERSHIP, executing the foregoing
instrument, that no meal has been procured:aby the corporation; that
the instrument was signed on behalf of the corporation as General
Partner of CAPITAL MORTGAGE PLUS L.P. , A LIMITED PARTNERSHIP, by
authority of he corporation's Board of Directors; and that
��-W7V ,j �., ,bej as that off icer acknowledged execution of the
instrument to I the voluntary act anA deed f th corporation and
limited partnership by it and by th fi Vol hta ' y Erxe'cuted.
Nota y Publi n and fpr skid d.U'
I { .. .O �'� D'FJ •
NP bli F CITJSQN
Notary Public, t of Ai!ie �(gr�C
No 30d' 9331.:
Qualified in Ngsspq Cqunrf"a;% -J >
Certificate Filed in Nevii y�rkCbut�tfr" F
Commission Expires
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UTILITY EASEMENTS
' + EVERETT W. COCHRANE and MARJORIE L. COCHRANE, husband and
wife, and MORTENSON II, A LIMITED PARTNERSHIP, do hereby grant unto
the CITY OF AMES, IOWA, its successors and assigns, the following
easements:.
A. GENERAL UTILITY.
The perpetual right to construct, reconstruct, maintain and
use utility services, equipment and apparatus upon, underground,
over or across the following described portions of COCHRANE'S
SECOND ADDITION TO AMES, IOWA:
1. The North 15 feet of Lot 1;
2 . The East 25 feet, the Westerly 15 feet, the
Southerly 15 feet, and the North 30 feet of
Lot 2 ;
A 20-foot wide strip across part of said Lot
2 , 10 feet on each side of the following
described centerline: Commencing at the
Southeast (SE) corner of said Lot 2; thence S
90°00100" W, 338.70 feet to the Point of
Beginning; thence N 00000100" E, 48. 50 feet;
thence S 90000' 00" W, 189 .51 feet to the West
line of said Lot 2 and the Point of Ending;
3 . The Northerly 15 feet, the Northwesterly 15
feet, the West 10 feet, the East 20 feet, and
the South 20 feet of Lot 3 ;
4. The North 10 feet, the West 20 feet, the South
20 feet, the Easterly 15 feet except the South
257. 20 feet thereof, and the East 10 feet of
the South 257.20 feet of Lot 4; AND
5. The North 15 feet, the West 20 feet, the South
10 feet, and the East 15 feet of Lot 5.
The undersigned do further hereby grant to the CITY OF AMES,
IOWA, the right to permit other utility companies to construct and,
in the same manner, maintain their utility facilities, jointly or
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severally, upon, underground, over or across the real estate
i
described above.
B. WATER MAINS.
The perpetual right to construct, reconstruct, and maintain
water mains within the following described portions of COCHRANE'S
SECOND ADDITION TO AMES, IOWA:
1. 10-foot wide strips across parts of Lot 1, 5
feet on each side of the following described
centerlines:
a. Commencing at the Northeast (NE) corner
of said Lot 1; thence S 00009 ' 31" W,
78 . 67 feet to the Point of Beginning;
thence S 90000100" W, 59.50 feet to the
Point of Ending;
b. Commencing at the Northeast (NE) corner
of said Lot 1; thence S 0000913111 W,
501.27 feet to the Point of Beginning;
thence S 90000100" W, 56.00 feet to the
Point of Ending;
C. Commencing at the Northwest (NW) corner
of said Lot 1; thence S 00009131" W,
88.82 feet to the Point of Beginning;
thence S 90000100" E, 64. 00 feet to the
Point of Ending; AND
d. Commencing at the Northwest (NW) corner
of said Lot 1; thence S 00009131" W,
532 .50 feet to the Point of Beginning;
thence S 90000100" E, 65. 00 feet to the
Point of Ending; AND
2. The East 25 feet and the North 30 feet of the
West 335 feet of Lot 2 ;
AND
10-foot wide strips across parts of said Lot
2, 5 feet on each side of the following
described centerlines:
a. Commencing at the Southeast (SE) corner
of said Lot 2; thence N 00009131" E,
333 .99 feet to the Point of Beginning;
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thence S 9000010011 W, 52. 00 feet to the
Point of Ending;
b. Commencing at the Southeast (SE) corner
of said Lot 2; thence S 90000100" W,
183 . 33 feet to the Point of Beginning;
thence N 0000010011 E, 50.50 feet to the
Point of Ending;
C. Commencing at the Southeast (SE) corner
of said Lot 2; thence S 90000100" W,
431.83 feet; thence Northwesterly, along
a 120. 00 foot radius curve, concave
Northeasterly, an arc distance of 94.23
feet (the long chord bears N 67030115" W,
91. 83 feet) to the Point of Beginning;
thence N 44059130" E, 48. 00 feet to the
Point of Ending; AND
d. Commencing at the Southeast (SE) corner
of said Lot 2; thence S 90000100" W,
431. 83 feet; thence Northwesterly, along
a 120. 00 foot radius curve, concave
Northeasterly, an arc distance of 188.49
feet (the long chord bears N 45000100" W,
169 .71 feet) ; thence N 00000100" E,
203 . 81 feet to the Point of Beginning;
thence S 90000100" E, 73 . 00 feet to the
Point of Ending.
C. STORM SEWERS.
The perpetual right to construct, reconstruct, maintain and
use its storm sewer system within the following described portions
of COCHRANE' S SECOND ADDITION TO AMES, IOWA:
The East 25 feet of Lot 2 ;
AND
A 15-foot wide strip across said Lot 2, 7.5
feet on each side of the following described
centerline:
Commencing at the Southeast (SE) corner of
said Lot 2 ; thence N 00009131" E, 300.97 feet
to the Point of Beginning; thence S 90000100"
W, 480.78 feet; thence S 37050150" W, 117. 16
feet to the West line of Lot 2 and the Point
of Ending.
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The foregoing rights are granted upon the express condition
that the users of the granted rights will assume liability for all
damage to the real estate described herein and any adjacent real
estate caused by failure to use due care in the exercise of the
granted rights.
Dated this day of � -��/ , 1994 .
MORTENSON I I, A LIMITED PARTNERSHIP
EVERETT W. COCHRANE -"-"
MAR3bR E L( COCHRANE
STATE OF IOWA )
) ss:
STORY COUNTY )
On this day of 4ee'� 1994 , before me, the
undersigned, a Notary Public in and for the said County and said
State, personally appeared EVERETT W. COCHRANE and MARJORIE L.
COCHRANE, husband and wife, to me known to be the identical persons
named in and who executed the foregoing instrument and acknowledged
that they executed the same as their voluntary act and deed.
o� `+ DIXIE LEE FINK '
II MY COM ISSI EXPIRES ��
�O I G NOTARY PUBLIC - STATE OF IOWA
STATE OF IO
ss:
STORY COUNTY ) /j�
On thist day of G�� , 1994, before me, the
undersigned, a Notary Public in and for the State of Iowa,
personally appeared EVERETT W. COCHRANE, to me personally known,
who, being by me duly sworn, did say that the person is a General
Partner of MORTENSON II, an Iowa limited partnership, executing the
foregoing instrument, that the instrument was signed on behalf of
the limited partnership by authority of the limited partnership;
and the general partner acknowledged the execution of the
instrument to be the voluntary act and deed of the limited
partnership, by it and by the general partner voluntarily executed.
DIXIE LEE FINK
MY COM ISS EXPIRES
OWN /J � r NOTARY PUBLIC - STATE OF IOWA
9
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