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HomeMy WebLinkAboutCarey Road Park - HUD Purchase Agreement ConveyanceASSIGNMENT AND ASSUMPTION AGREEMENT V I THIS AGREEMENT made as of the 2 744,- day of October, 1992, by and among the City of Carmel, __Group Indiana, hereinafter referred to as ASSIGNEE and Communications TransmissicTSnc!,formerly The Times Mirror Microwave Communications Company, both Nevada corporations, and Tower Communication Systems C p an Ohio corporation and a wholly owned subsidiary of Communications Transmissio Inc., all collectively the landlord and referred to hereinafter as ASSIGNOR. Group WHEREAS, M the first day of April, 1991, ASSIGNOR and the Indianapolis Telephone Company, an Indiana pa ership doing business as Cellular One of Indianapolis ("Lessee") entered into a contract entitled "Lease Agreement" hereinafter referred to as the "Lease"; and WHEREAS, ASSIGNOR wishes to assign all of its right, title and interest and obligations in the aforesaid Lease to ASSIGNEE; and WHEREAS, ASSIGNEE wishes to assume all the right, title, and interest and obligations of ASSIGNOR under the Lease. NOW THEREFORE, the parties hereby agree as follows: 1. In consideration of the mutual promises and obligations undertaken between the ASSIGNOR and the ASSIGNEE, ASSIGNOR hereby assigns and transfers any and all of its right, title and interest in and to the aforesaid Lease to ASSIGNEE. 2. In consideration of the mutual promises and obligations undertaken between the ASSIGNOR and the ASSIGNEE, ASSIGNEE hereby accepts the foregoing transfer and assignment and agrees to perform all covenants, stipulations, agreements, and obligations under the Lease occurring on and after the date ASSIGNEE acquires title to the real estate which is described more fully in Exhibit "A" as attached hereto. 3. ASSIGNOR warrants to ASSIGNEE that (a) the Lease is in full force and effect and unmodified, (b) ASSIGNOR's interest in the Lease is free and clear of any liens, encumbrances, or other adverse interests of third parties, (c) ASSIGNOR has full and lawful authority to assign its interest in the Lease, and (d) there is no default under the Lease or any circumstances by which lapse in time where after notice would be a default under the Lease. These warranties will survive the date of execution of this Agreement. ASSIGNOR will indemnify ASSIGNEE against and hold ASSIGNEE harmless from any and all loss, liability, and expense (including reasonable attorney fees and court costs) arising out of any breach by ASSIGNOR of its warranties contained in this Agreement. ASSIGNEE will indemnify ASSIGNOR against and hold ASSIGNOR harmless from any and all loss, liability, and expense (including reasonable attorney fees and court costs) arising out of any breach by ASSIGNEE of its agreements contained in this Agreement after the date hereof. 4. ASSIGNOR agrees that Lessee and ASSIGNEE may change, modify, or amend the Lease in any way and that further agreements may be made, without notice to or the consent of ASSIGNOR. 5. This Agreement shall be binding upon the successors and assigns of the parties. The parties shall execute and deliver such further and additional instruments, agreements, and other documents as may be necessary to evidence or carry out the provisions of this Agreement. 6. This Agreement embodies the entire agreement of the ASSIGNOR and ASSIGNEE with respect to the subject matter of this Agreement and it supersedes any prior agreements, whether written or oral, with respect to the subject matter of this Agreement. There are no agreements or understandings which are not set forth in this Agreement. This Agreement may be m by a written instrument duly executed by both ASSIGNOR and ASSIGNEE. TOWER COMMUNICATION SYSTEMS CORP By: Titl Attest: r By: C/a'; 6'Y . FinanCIL 1 CITY OF C•RMANA By: Mayor Attest: By: ahe , Clerk Treasurer oyxs(Dep"-CO STATE OF TEXAS COUNTY OF Travi s only ROUP COMMUNICATIONS TRANSMISS���ON, INC. for ++rly THE TIMES MI ; O rll` ROWAVE CO A OSC By: Titl Attest: By: / o 9 �2 rp Before—me, a notary public in and for said county and state personally appeared �lO6 J. l ,Dl l\riTk and S,Avn S. 1Ai;11; itjv. vv` known to me to be the (title) NIA Fln (I,;u1 nS-f-;rr and (titlra) (`hi.4 F,nnntkt Gil -icer respectively of Tower Communication Systems Corporation and acknowledged the execution of the foregoing Assignment and Assumption Agreement. Witness my hand and notarial seal this 47 day of Oe nher , 19r0, My commission expires: 134/8 I9'/ County of residence: kir 11101 VIJOri r-A4Jr Notary Public ki-r' (RSC_ Printed Name STATE OF TEXAS COUNTY OF TRAVIS Before me, a notary public -D1I\T1 -3.41iA�qq4 cv� (title)3+ieer respectively of Communications Transmiss'on Assignment and Assumption Agreement in and for said, county and state personally appeared and 1) and t,( » -7'U /0i y known to me to be the and (title) c600,111n Inc. and acknowledged the execution of the foregoing ess my hand and notarial seal this ,9•7d` day of up DO 19(1, . My commission expires: la/(S /`IY County of residence: 1J / 1 2iu5( i1 STATE OF INDIANA COUNTY OF Before me, a notary public in and Jones known to me to be the acknowledged the execution of t and notarial seat this e2 4 7/L9) (_XI2JL Notary Public t.Orr eh'IG5C Printed Name for said coin and state personally appeared Ted Johnson and 8u3on Jae-t-KoytL Mayor and Clerk Treasurer respectively of the City of Carmel and e foregoing Assignment and Assumption Agreement. Witness my hand day of Q , 19 fes. My commission expires: Q-c?9-9J' County of residence: Suscyry Printed Name This instrument was prepared by Steven M. Brown, Attorney at Law, One Civic Square, Carmel, Indiana 46033. RESOLUTIONS FOR ADOPTION BY COMMUNICATIONS TRANSMISSION GROUP, INC. WHEREAS, this Corporation proposes to sell its site located at 14001 Carey Road, North Carmel, Indiana to the City of Carmel, Indiana for $95,000.00; NOW, THEREFORE, BE IT RESOLVED, that the Chairman, the Vice President -Finance who is the Chief Financial Officer, or any of them, be and they hereby are, authorized to enter into the sale of the Camel, Indiana site. RESOLVED FURTHER, that the Chairman, the Vice President - Finance, Chief Financial Officer or either of them, be, and they hereby are, authorized to execute and deliver such documents and to perform such other and further acts as they deem necessary or appropriate to carry out the purposes of the foregoing resolutions. CORPORATE LIMITED WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, COMMUNICATIONS TRANSMISSION GROUP, INC. FORMERLY KNOWN AS TIMES MIRROR MICROWAVE COMMUNICATIONS COMPANY ("Grantor"), a corporation organized and existing under the laws of the State of Nevada, CONVEYS AND WARRANTS to CITY OF CARMEL, INDIANA of Hamilton County, in the state of Indiana, for the sum of Ten & 00/100 Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in HAMILTON County, in the State of Indiana: See Exhibit "A" attached hereto. Prior Instrument Reference: Recorder's Office, hamilton County, Indiana Deed Record Volume 354, Pages 746-747. No Indiana Gross tax is due, at this time, as a result of this transaction. Subject to the Fall. Installment of Real Estate Taxes due and payable in November 1992 and all taxes payable thereafter. Subject to all easements, restrictions and rights of way of record, including the rights of Marathon Pipe Line Company set forth in the prior recorded instrument referenced above and certain oil and gas rights and interests also referenced therein. Property Address: 14001 Carey Road, North Carmel, Indiana 46032 The undersigned persons executing this deed on behalf of Grantor represent and certify that they are duly elected officers of Grantor and have been fully empowered, by proper resolution of the Board of Directors of Grantor, to execute and deliver this deed; that Grantor has full corporate capacity to convey the real estate described herein; and that all necessary corporate action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, EOF, Grantor has caused this deed to be Ctz7�)E:r 19 `l) executed this ,�i day of COMMUNICATIONS T•^SMI,M ON GROUP,, IN �/ U LAAANII q, a Ture Attest: By: t4lite") (2. ( r0/ By: Signature DRU: A. ZA+"t8iE Printed 4- 6\n1-.L1.M Printed IT'S t. STATE OF INBIANA l ell Q5 COUNTY OF -rni0: `) Before me, a Notary Public in and for the said County and State, personally appeared h,� , LU I li 1ALV"1 and 7_ ,:A iU (\. -rrb 1 tiX NE co Alt the (91;(-1 I,rt6/0/ ( [ ficr'r and , respectively of COMMUNICATIONS TRANSMISSION GROUP, INC., who acknowledged execution of the foregoing Deed for and on behalf of said Grantor, and who, having been duly sworn, stated that the representations therein contained are true. Witness my hand and notarial seal this nr4bber , 19 "/.3 /)J/)/ c/ My Commission Expires: Notary Public day of Residing in GLS- &m.50'lCo. , j This Instrument was Prepared by Michael P. Whalen, Riordan & McKinzie, 611 Antoine Blvd. #1160, Costa Mesa, CA 92626. COMMITMENT SCHEDULE A COMMITMENT NO: 92006227 AMENDED - 1 YOUR ORDER NO: PROPERTY ADDRESS: 14001 CAREY ROAD, NORTH �CELo?? Di99� 46032 EFFECTIVE DATE: �y t 8:O0 d.R. 1. 2. POLICIES TO BE ISSUED: (a) ALTA OWNER'S POLICY (1990) $95,000.00 Proposed Insured: CITY OF CARMEL, INDIANA (b) ALTA LOAN POLICY (1990) $NONE Proposed Insured: (c) ATLA LOAN POLICY (2ND MORTGAGE) (1990)$NONE Proposed Insured: 3. The estate or interest in the land described or referred to in this commitment and covered herein is Fee Simple and title thereto is at the effe dat hereof vested in: AMOUNT 4. The land referred to in this commitment is described as follows: SEE EXHIBIT "A" LAWY$R71gy I .0 • CE CORPORATION Autt(orized Agent October 12, 1992 CC Issued through the office of: SCHEDULE B -- SECTION I COMMITMENT NO: 92006227 AMENDED - 1 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest, mortgage or lien to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1 Duly authorized Corporate Warranty Deed executed by Communications Transmission Group, Inc. formerly known as Times Mirror Microwave Communications Company vesting fee simple title to the Proposed Insured Owner as shown in Schedule A. 2. Current taxes shown in Schedule B -Section 2, are to be paid, per the purchase agreement. 3. Release of record of a mortgage dated June 3, 1986 and recorded June 9, 1986 in Mortgage Record 505 page 522 by Times Mirror Microwave Communications Company to Republicbank Dallas National Association, The First National Bank of Chicago, The Philadelphia National Bank and National Westminster Bank, USA and amended by an amendment dated October 20, 1987 and recorded October 28, 1987 as Instrument Number 8745858. 4. Release of record of a mortgage dated June 3, 1986 and recorded June 9, 1986 in Mortgage Record 505 page 544 by Times Mirror Microwae and mended by endment OctoberyCommunications 20, 1987andrec Company October 1987 as Instrument dated Instrument Number 8745859. 5. Proof satisfactory to Lawyers Title Morgan & Associates, Inc. of change Microwave Communications Company to Group, Inc. 6. Vendors affidavits, to be furnished. Insurance Corporation and of name of Times Mirror Communications Transmission 41" SCHEDULE B -- SECTION II CONTINUED COMMITMENT NO: 92006227 AMENDED - 1 NOTE: The real estate tax information set out above is all that is currently available in County Tax computer. Recent computer program changes may have rendered incomplete or inaccurate the available data. THIS INFORMATION MAY NOT BE SUFFICIENT FOR THE PURPOSE OF ESTABLISHING A PROPER REAL ESTATE TAX ESCROW. Neither the Company nor its agent, Morgan and Associates, Inc., assume or accept any responsibility for loss, damage, cost or expense due to, or arising out of the present unavailability of accurate tax information. The lien and provisions of a mortgage dated June 3, 1986 and recorded June 9, 1986 in Mortgage Record 505 page 522 by Times Mirror Microwave Communications Company to Republicbank Dallas National Association, The First National Bank of Chicago, The Philadelphia National Bank and National Westminster Bank, USA and amended by an amendment dated October 20, 1987 and recorded October 28, 1987 as Instrument Number 8745858. NOTE: Lender should be contacted for further information concerning this loan. The lien and provisions of a mortgage dated June 3, 1986 and recorded June 9, 1986 in Mortgage Record 505 page 544 by Times Mirror Microwave Communications Company and amended by Amendment dated October 20, 1987 and recorded October 28, 1987 as Instrument Number 8745859. NOTE: Lender should be contacted for further information concerning this loan. 11. Rights of the Public and others in and to that part of the premises taken or used for road purposes. 12. Rights of way for drainage tiles, ditches, feeders and laterals, if any. 13. NOTE: The acreage indicated in this legal description is solely for the purpose of identifying the said tract and should not be construed as insuring the quantity of land. Reservation of Oil and Gas Rights and Easement to explore, drill, etc. as provided in Deeds recorded in Deed Record 163 page 462, Deed Record 163 page 464, Deed Record 341 page 751 and re-recorded iv Deed Record 354 page 746, and in Deed Record 341 page 749 and re-recorded in Deed Record 354 page 744. Continued on next page 0),1 SCHEDULE B -- SECTION II CONTINUED COMMITMENT NO: 92006227 AMENDED - 1 }r Reservation of Pipeline Easement and Easement for Repair, '// 1' Maintenance, etc. of Microwae quipment ent containedeitained niDeeds sd I/1 recorded in Deed Record 341 page 749 and re-recorded Iv Record 354 page 746 and Deed Record 341 page in Deed Record 354 page 744. 16. Lease to the Indianapolis Telephone Company as provided in documents recorded as Instrument Numbers 9109533 and 9219352. 17. The following matters disclosed by a survey by Weihe Engineers dated September 25, 1992 as Job No. 92-1253: A) Apparent Electric Line Easement at the northwest and southwest corners and on the east property line of the insured real estate. B) Apparent Waterline and Fire Hydrant Easement at the southwest corner of the insured real estate. C) Split Rail Fence does not coincide wlissued will not insure th the east property line. The policy when title to the land between the east property line and the fence. EXHIBIT A - LEGAL DESCRIPTION A TRACT OF LAND LYING IN HAMILTON COUNTY, STATE OF INDIANA, IN THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 4 EAST, CLAY TOWNSHIP, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 20; THENCE EAST ON THE EAST -WEST ONE-HALF SECTION LINE 417.42 FEET TO THE NORTHEAST CORNER OF NEW TRACT; THENCE SOUTH PARALLEL TO WEST LINE OF SECTION 20, 417.42 FEET TO THE SOUTHEAST CORNER OF NEW TRACT; THENCE WEST PARALLEL TO THE EAST -WEST ONE-HALF SECTION LINE 417.42 FEET TO THE WEST LINE OF SECTION 20; THENCE NORTH ON WEST LINE OF SECTION 20, 417.42 FEET TO THE POINT OF BEGINNING CONTAINING 3.999 ACRES MORE OR LESS. ALSO: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 18 NORTH, OF RANGE 4 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: STARTING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER, SAID SECTION 20, THENCE EASTERLY ALONG THE EAST WEST HALF SECTION LINE OF SECTION 20 A DISTANCE OF 417.42 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND FORMERLY PURCHASED BY THE OHIO OIL COMPANY AS EVIDENCED BY A DEED RECORDED IN BOOK 144 AT PAGES 90 AND 91 IN THE RECORDER'S OFFICE OF HAMILTON COUNTY, INDIANA, FOR A PLACE OF BEGINNING; THENCE EASTERLY ALONG THE EAST WEST HALF SECTION LINE OF SECTION 20 A DISTANCE OF 100 FEET, THENCE SOUTHERLY AND PARALLEL TO THE WEST LINE OF SECTION 20 A DISTANCE OF 492.42 FEET, THENCE WESTERLY PARALLEL TO THE EAST WEST HALF SECTION LINE OF SECTION 20 A DISTANCE OF 517.42 FEET TO THE WEST LINE OF SECTION 20, THENCE NORTHERLY ALONG THE WEST LINE OF SECTION 20 A DISTANCE OF 75 FEET TO THE SOUTHWEST CORNER OF THE AFORESAID MENTIONED TRACT NOW OWNED BY THE OHIO OIL COMPANY; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT OWNED BY THE OHIO OIL COMPANY A DISTANCE OF 417.42 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT OWNED BY THE OHIO OIL COMPANY A DISTANCE OF 417.42 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.849 ACRES, MORE OR LESS. CASE NO. 92006227 AMENDED - 1 EXHIBIT A - LEGAL DESCRIPTION A TRACT OF LAND LYING IN HAMILTON COUNTY, STATE OF INDIANA, IN RANGE 4 EAST, CLAY TOWNSHIP, AND QUARTER OF SECTION 20, MORE THE NORTHWEST CORNER OF THE SOUTHWEST BEGINNING AT THE TOWNIHIP 18 NORTH, THENCEENORTHWESTSH ON PARNICULARTY DESCRIBEDOAS FOL HECORNER TF THE ONE-HALF QUSECTION ONR IN SECTION TO T TO LINE OF THE EAST -WEST ONE-HAL�HENCEISOUTH PARALLEL 417.42 FEET TO THE NORTHEAST CORNER OF NEW TRACT; SECTION 20, 417.42 FEET TO THE SOUTHEAST CORNER OF NEW TRACT; THENCE WEST PARALLEL TO THE EAST -WEST ONE-HALF SECTION LINE 417.42 FEET TO THE WEST LINE OF SECTION 20; THENCE NORTH ON WEST LINE OF SECTION 20, 417.42 FEET TO THE POINT OF BEGINNING CONTAINING 3.999 ACRES MORE OR LESS. ALSO: OF RANGE 4 EAST, CLAY TOWNSHIP, HAMILTON A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER EG F THE SECTION 20, TOWNSHIPT 18 NORTH, CARTER, SAID SECTION 20, COUNTY, INDIANA, OF AS FOLLOWS: NORTHWESTHCORNER LO THE SOUTHWESTWQ OHIO OIL COMPANY AS EVIDENCEDT CE OF 417.42 FEET TO THE NORTHEAST CORNER OF A TRACT THENCE EASTERLYAALONG THE EAST WEST HALF SECTION LINE OF SECTION 20F A NIST BY ALAND FORMERLYECOPD IN OOD BY TAT HEINDIANA, AA, 911R A PLACE OF RECORDER'S OIROFFICE OFNHAMILTON4COUNTY, IS DI AND IN THE E THENCE SOUTHERLY AND BEGINNING; THENCE EASTERLY ALONG THE EAST WEST HALF SECTION LIN OF SECTION 20 A DISTANCE OF 100 FEET, PARALLEL pO51HE4EAST WEST HTALFE WSECTIONE OF PARALLEL TO THE WEST LINE OF SECTION 20 A DISTANCE OF 492.42 N 2 T O FEET, THENCE WESTERLY PATH LINE ON 0,SECTIONT2C A RTH DISTANCE RLY SECTION 20, THENCE NORTHERLY ALONG THE WEST LINE OF SECTION 20 THENCEER OF THE O A DISTANCETOEDOF-75 FEET TN THE THE LINE COMP TRACT OWNEDBAID Y MENTIONED TRACT NOW OWNED BY THE OHIO OIL CSAIDOMPANY; EASTERLY ALONG THE YOUTH BOUNDARY DISTANCE THE OHIO BOUNDARY NFRLIE OF SAID TRACT OWNED BY THE OHIO OIL COMPACOMPANY A DISTANCE OF 417.42 FEET TO THE SOUTHEAST CORNER THEREOF;THENCE NORTHERLY ALONG THE ASTAB 42 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.849 ACRES, MORE OR LESS. • Note: Use of this form constitutes practice of law and is limited to practicing lawyers. © Copyri!Pub. 1958. 1964 Int Indianapolis liar Association STATE OF TEXAS COUNTY OF VENDOR'S AFFIDAVIT John J. Willin.han, Chief Financial Officer of known as Titres Mirror Microwave Camunications Times Mirror Microwave Camunications Carpany, ;roup Camunications Transmission Inc. and fonmerl a", gn(hrein ftler "VenMor' nK lrst cfu y savor state[s] thatGroup now known as Comunications Transmission; Inc. /turn, No. 13 (hereinafter referred to, jointly and severally, as "Vendor") is/are this day conveying to the City of Carmel, Hamilton Count Indiana (hereinafter referred to, jointly and severally, as "Purchaser"), by Hamilton County, Indiana: Corporate Warranty deed, the following described Real Estate located in See Exhibit "A" attached hereto. located near 140th and Carey Road, Worth, Carmel, Indiana and commonly ktia(Wtt (hereinafter referred to as "Real Estate"). In connection with the sale of the Real Estate, Vendor has furnished Purchaser with a commit- ment for an owner's policy of title insurance for the Real Estate under date of August 26 .19 92 ,issued by Lawyer's Title Insurance Company as number 92006227 Amended - 1 Vendor has an indefeasible estate in fee simple in the Real Estate; and the Real Estate is free and clear of every kind or description of lien, lease or encumbrance except the following: 1. Easements, agreements and restrictions of record disclosed in said commitment. 2. Current taxes not delinquent. 3. Whatever matters affecting the Real Estate, if any, are disclosed t inNthe 9a ae de3 and d. 4. Lease to Indianapolis Telephone Company, 9219352, by the Tower Communication Systems Corporation. Vendor has not executed, or permitted anyone in Vendor's behalf to execute, any conve mortgage, lien, lease, security agreement, financing statement or encumbrance of or upon t! A. _, U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN 1. [ )FHA 2. [ )FMHA 3. [ ICONV. UNINS. 4. [ )VA 5. [ )CONV. INS. [X)Cash (8) 6. FILE NUMBER: 92006227 7. LOAN NUMBER: 8. MTG. INS. CASE NO.: C . NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked ('p.o.e.") were paid outside the closing: they are shown here for information purposes and are not included in the totals. D. NAME OF BORROWER: CITY OF CARMEL, INDIANA, ADDRESS: E. NAME OF SELLER: COMMUNICATIONS TRANSMISSION GROUP ADDRESS: SELLER TIN: F. NAME OF LENDER: ADDRESS: G. PROPERTY LOCATION: PT SW 20-18-4 5.84A 9B 8 9C 14001 CAREY ROAD, NORTH CARMEL, INDIANA 46032 H. SETTLEMENT AGENT: MORGAN 8 ASSOCIATES, INC. ADDRESS: 240 E CARMEL DR, CARMEL, IN 46032 SETTLEMENT AGENT TIN: 35-0832636 PLACE OF SETTLEMENT: MORGAN 8 ASSOCIATES, INC. ADDRESS: 240 E. CARMEL DR, CARMEL, IN 46032 I. SETTLEMENT DATE Closing date: 10/29/92 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract sales price 95,000.00 401. Contract sales price 402. Personal property 403. 95,000.00 102. Personal property 103. Settlement charges to borrower(line 1400) 1,251.00 104. 404. 105. 405. Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance: 106. City/town taxes to 406. City/town taxes to 107. County taxes to 407.'County taxes to 408. Assessments to 108. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER: 96,251.00 420. GROSS AMOUNT DUE TO SELLER: 95,000.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess deposit(see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller line 1400) 8,303.00 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 504. Payoff of first mortgage loan 204. 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. PRORATED RENTS 2,000.00 508. PRORATED RENTS 2,000.00 209. 509. Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210. City/town taxes to 510. City/town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER: 2, 000.00 520. TOTAL REDUCTION IN AMOUNT: 10, 303.00 300. CASH AT SETTTLEMENT FROM/TO BORROWER 600. CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross amount due from borrower(line 120) 96,251.00 2,000.00 601. Gross amount due to sellcr(line 420) 602. Less total reductions in amount due seller(line 520) 95,000.00 10,303.00 302. Less amounts paid by/for borrower(line 220) 303. CASH IX FROM[ [ TO) BORROWER: 94,251 .00 603. CASH )X TO) [ FROM[ SELLER: 84,697.00 SUBSTITUTE FORM 1099 SELLER STATEMENT -The it formation contained in Blocks E,G,II and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404) is important tax information and is being furnished to the In ernal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. SELLER INSTRUCTION -If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of Fonn 4797, Form 6252 and/or Schedule D (Form 1040). You are required by law to provide Morgan & Associates, Inc. with your correct taxpayer identification number. If you do not provide Morgan & Associates, Inc. with your correct taxpayer identification number, you may be subject to civil or criminal penalties. Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. Seller File 920062217 L. SETTLEMENT CHARGESBORROWERS FUNDS AT SETTLEMENT AID PSELLER'Sl FUNDS AT SETTLEMENT 100. TOTAL SALES/BROKER'S COMMISION Based on $ 95,000.00 ® 7.00 %= 6,650.00 Division of Commission (line 700) as follows: 701. $ 6,650.00 to COLDWELL BANKER KAISER 702. $ to 703. Commission paid at settlement 6,650.00 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan Origination fee % 802. Loan Discount % 803. Appraisal fee to 804. Credit Report to 805. Lender's inspection fee to 806. Mortgage Insurance application fee to 807. Assumption Fee to 808. to 809. to 810. to 811. to 812. to 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 901. Interest from to @$ /day 902. Mortgage insurance premium for mo. to 903. Hazard insurance premium for yrs. to 904. yrs. to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance mo.@$ per mo. 1002. Mortgage insurance mo.@$ per mo. 1003. City property taxes mo.@$ per mo. 1004. County property taxes mo.@$ per mo. 1005. Annual assessments (Main.) mo.@$ per mo. 1006. mo.@$ per mo. 1007. mo.®$ per mo. 1008. mo.tllp$ per mo. 1100. TITLE CHARGES: 1101. Settlement or closing fee to MORGAN & ASSOCIATES, INC. 150.00 1102. Abstract or title search to 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to MARATHON PIPE LINE 100.00 1106. Notary fee - to 1107. Attorney's fee to to (includes above items No.: 1108. Title insurance to MORGAN 8 ASSOCIATES, INC. 486.00 (includes above items No.: 1109. Lender's coverage 0.00 $ 1110. Owner's coverage 95,000.00 $ 486.00 1111. COURIER FEE to MORGAN & ASSOCIATES, INC. 15.00 1112. to , 1113. to 1114. to 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 26.00 Mrtg $ Rel. $ 42.00 REL 40.00 26.00 82.00 1202. City/county tax/stamps: Deed $ Mrtg $ 1203. State tax/stamps: Deed $ Mrtg $ 1204. to 1205. to 1206. to 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to WEIHE ENGINEERING 970.00 1302. Pest inspection to 1303. INSPECTON to PHASE 1 ENVIRONMENTAL 1,075.00 1304. to 1305. to 1400. TOTAL SETTLEMENT CHARGES (entered on lines 103, Section 3 and 502, Section K) 1,251 .00 8,303.00 CERTIFICATIO receip and ve artfully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and be ief, it is a true and accurate statement of all s made on my ac o by me in this Transaction. I further certify that I have received a co of HUD -1 Settlement Statement. „ L n Borrowers Sellers The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction. 1 have caused or will cause the funds to be disbursed in accordanceiyith this statement. Sett emi2'nt Agent Date /A 0? 9 9,t WARNING: It is a crime to knowingly make false statements to the United States on This or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18: U.S. Code Section 1001 and Section 1010. A 9247842 RESOLUTION CC -11-2-92-2 WHEREAS, the City of Carmel is the owner of a certain tract of real estate in Carmel, Indiana, on Carey Road, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Real Estate") which is ideal for park development; and WHEREAS, the City of Carmel to the Carmel Clay Board development purposes, and the desires to convey the Real Estate of Parks and Recreation for park City believes that the Board possesses the means to develop, improve, and maintain such park. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Real Estate be transferred Board of Parks and Recreation pursuant to the 36-1-11-8 for the reason that title to the Real Estate is no longer necessary for the furtherance of the City's function of providing recreational facilities to the residents and taxpayers of the City of Carmel, and for the further reason that the Carmel Clay Board of Parks and Recreation has adequately demonstrated that the necessary funding and facility planning to improve and maintain said park exists. ThislnsWmem Hewrded '/2 .1 --x_102 jan Sharon K. Cherry, pexrdx, Hamillan Cowry, Iroiana 2. That the City of Carmel convey the Real Estate to the Carmel Clay Board of Parks and Recreation in consideration for the sum of One Dollar ($1.00), subject to the following conditions: (A) That the Real Estate to be conveyed shall be used by Grantee, or its successors, as a public park and recreational facility; to the Carmel Clay provisions of I.C. (B) That Grantee shall convey no interest in or lease any portion of the Real Estate to any person, firm, or other entity, either public or private, governmental or non- governmental, without the express written consent of Grantor in the form of an authorized resolution of the Common Council of the City of Carmel; (C) Notwithstanding paragraph 2(B) above, this conveyance shall be subject to the rights of the tenant in possession, said tenant being the Indianapolis Telephone Company, an Indiana partnership doing business as Cellular One of Indianapolis, by virtue of a certain lease recorded as Instrument Number 9109533 and 9219352, in the Office of the Recorder of Hamilton County, Indiana; (D) That at the termination of said existing tenant's leasehold interest for any reason, subject to tenant's existing option renewal rights, no additional renewal periods may be granted to tenant, and furthermore if tenant should decide to terminate the lease at any time during its term, the Carmel Clay Parks Board shall accept ,such early termination, if upon terms and conditions favorable to the City of Carmel; at the rights of the general public to use the Real Estate shall not be abrogated or limited in any way, or (F) to any extent, by any agreement between Grantee and any other person or entity; That this Resolution containing the conditions listed herein be recorded in the Office of the Hamilton County Recorder. 3. That the City of Carmel assign the benefits and burdens of said lease by and between the Communications Transmission Group, Inc., Landlord, and the Indianapolis Telephone Company, Tenant, recorded as Instruments Numbers 9109533 and 9219352, to the Carmel Clay Board of Parks and Recreation, as Landlord. The original Landlord assigned its interest to the City of Carmel in Instrument No. 9242895 recorded in the office of the Hamilton County Recorder. Adopted this 1 (Pik day of A) Common Council of the City of Carmel. , 1992, by the Act4tegybAs the Common Council of the City of Carmel, day.AE , 1992. A1;5.::= ATTE 74;!CN . " I A . /ZUSOLI W. JonS lerk -Treasurer STATE OFI-INDfANA COUNTY OF HAMILTON Before me, a notary public in and for personallyappeared TAAAA.66 L2,.,..;,,..... ,,s -r Fie.a.0 , V , u•far.i,.4 ,G.,d,,,t_ execution of the foregoinekinstrument. notarial seal this day said county and state • giaft T. Pr' ; ','• r Or, spin,/ 7 , and acknowledged:they of AL .,...t hand •nne 4 19 . ;• ,• ........ 10 7 Notary Public .... My commission expires: October 24, 1994 County of residence: Hamilton This instrument was prepared by Steven M. Brown, Attorney at Law, 1220 Hemlock Street, Carmel, Indiana 46033. 9Ai/75171,- EXHIBIT A — LEGAL DESCRIPTION A TRACT OF LAND LYING IN HAMILTON COUNTY, STATE OF INDIANA, IN THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 4 EAST, CLAY TOWNSHIP, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 20; THENCE EAST ON THE EAST—WEST ONE—HALF SECTION LINE 417.42 FEET TO THE NORTHEAST CORNER OF NEW TRACT; THENCE SOUTH PARALLEL TO WEST LINE OF SECTION 20, 417.42 FEET TO THE SOUTHEAST CORNER OF NEW TRACT; THENCE WEST PARALLEL TO THE EAST—WEST ONE—HALF SECTION LINE 417.42 FEET TO THE WEST LINE OF SECTION 20; THENCE NORTH ON WEST LINE OF SECTION 20, 417.42 FEET TO THE POINT OF BEGINNING CONTAINING 3.999 ACRES MORE OR LESS. ALSO: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 18 NORTH, OF RANGE 4 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: STARTING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER, SAID SECTION 20, THENCE EASTERLY ALONG THE EAST WEST HALF SECTION LINE OF SECTION 20 A DISTANCE OF 417.42 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND FORMERLY PURCHASED BY THE OHIO OIL COMPANY AS EVIDENCED BY A DEED RECORDED IN BOOK 144 AT PAGES 90 AND 91 IN THE RECORDER'S OFFICE OF HAMILTON COUNTY, INDIANA, FOR A PLACE OF BEGINNING; THENCE EASTERLY ALONG THE EAST WEST HALF SECTION LINE OF SECTION 20 A DISTANCE OF 100 FEET, THENCE SOUTHERLY AND PARALLEL TO THE WEST LINE OF SECTION 20 A DISTANCE OF 492.42 FEET, THENCE WESTERLY PARALLEL TO THE EAST WEST HALF SECTION LINE OF SECTION 20 A DISTANCE OF 517.42 FEET TO THE WEST LINE OF SECTION 20, THENCE NORTHERLY ALONG THE WEST LINE OF SECTION 20 A DISTANCE OF 75 FEET TO THE SOUTHWEST CORNER OF THE AFORESAID MENTIONED TRACT NOW OWNED BY THE OHIO OIL COMPANY; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT OWNED BY THE OHIO OIL COMPANY A DISTANCE OF 417.42 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT OWNED BY THE OHIO OIL COMPANY A DISTANCE OF 417.42 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.849 ACRES, MORE OR LESS. This instrument Recorded_ / .Z 3 1992 Sharon K. Chevy, Recorder, Hamilton County, Indiana