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Illinois - SMS Development© DULY ENTERED FOR TAXATION Subject to final acceptance for transfer f .day of No./ ,2005 obt,;i, %'3l%72 14) Auditor of Hamilton County Parcel # RI UP Cross-reference: Instrument # Project: Parcel: WARRANTY DEED 200500075389 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 11-21-2005 At 03:14 PM. WARR DEED 22.00 1 16t Street and Spring Mill Road 6 This Indenture Witnesseth, That SMS Development, LLC an Indiana limited liability company (Grantor), Convey and Wan -ant to the CITY OF CARMEL (Grantee) in the State of Indiana for and in consideration of Ninety-six Thousand Five Hundred Fifty and no/100 (S96,550.00), the receipt whereof is hereby acknowledged, the following described Real Estate in Hamilton County, in the State of Indiana, to wit: Sec attached Exhibits "A" & "B" The undersigned persons executing this deed represent and certify on behalf of the Grantor, that he/she is the (Title) of the Grantor and has been fully empowered by the Grantor, to execute and deliver this deed and al] such instruments of transfer; that the Grantor is a partnership in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full capacity to convey the real estate described; and that all necessary action for the making of this conveyance has been duly taken. Land and improvements S 88 050.00 , Damages 5 8.500.00 Total consideration 5 96550.00 The grantor shall clear and convey free of all leases, licenses, or other interest both legal and equitable, and all encumbrances of any kind or character on, in and under said land as conveyed. It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that all lands hereinbefore described (excepting any parcels specifically designated as easements or as temporary right of way) are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the grantor(s). In Witness Whereof, the said Grantor(s) ha 5 hereunto set %/5 hand and seal this arDIS day of "146-US1 .2005. SMS DEVELOPMENT, LLC, AN INDIANA LIMITED LIABILITY COMPANY Bv: By: -r 5Co# Law 430 Date Date STATE OF INDIANA tit r.,.c- COUNTY OF d i7 w �� SS: Before me, the undersigned, a Notary Public in and for said County and State, this day of iC„ Act. , 2005; personally appeared the within named 7- S(41- Lr; and acknowledged the same to be voluntary act and deed, for the uses and purposes herein mentioned. I have hereunto subscribed my name and affixed my official seal, Co Signamre I'-)1 is 11-1 -lice- )CocYr Printed County of Residence: t b xti Lt013 My commission expires: 0-C)FU This instrument prepared by: 1 l 350 N Mme` AQ CCS u1 v e3 , Project: Illinois Street Parcel 6 Fee EXHIBIT "A" Sheet 1 of 2 A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted 01n the attached Right -of -Way Parcel Plat marked Exhibit "B" described as follows: Commencing at the northwest corner of said Northwest Quarter; thence North 89 degrees 17 minutes 10 seconds East 117.50 feet along the north line of said Northwest Quarter to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 88 degrees 32 minutes 54 seconds East 684.01 feet (684.011 feet deed) along the north line of said Northwest Quarter; thence South 0 degrees 11 minutes 21 seconds East 660.16 feet (660.160 feet deed); thence North 88 degrees 32 minutes 54 seconds East 440.11 feet (440.107 feet deed); thence South 0 degrees 11 minutes 21 seconds East 163.85 feet (163.846 feet deed) to the northwest corner of a tract of land conveyed by a Limited Warranty Deed recorded as Instrument No. 200400000152 in the Office of the Recorder of Hamilton County, Indiana and the point of beginning of this description; thence North -89 degrees 48 minutes 39 seconds East 217.70 feet (217.697 feet decd) along the north line of said tract of land to the northeast corner of said tract of land; thence South 9 degrees 07 minutes 35 seconds East 51.40 feet along the eastern line of.said tract of land to point "327" designated on said Plat; thence North 38 degrees 00 minutes 53 seconds West 17.44 feet to point "326" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 165.00 feet to point "331" designated on said Plat; thence South 0 degrees 11 minutes 21 seconds East 4.00 feet to point "330" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 30.00 feet to point "329" designated on said Plat; thence South 0 degrees 11 minutes 21 seconds East 10.00 feet to point"328" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 19.99 feet to the west line of said tract of land and point "332" designated on said Plat; thence North 0 degrees 11 minutes 21 seconds West 51.00 feet along said west line to the point of beginning and containing 0.198 acres, more or less. Sheet 2 of 2 This description was prepared for the City of Carmel by Michael L. Bishop, Indiana Registered Land Surveyor, License Number S0511, on the 20th day of August, 2004. . EXHIBIT "8" IGHT-OF-WAY PARCEL • PLAT Prepared For Indiana Department Of Transportation By American Consulting, Inc. 35 35 SHEET 1 OF 2 0 50' 100' SCALE: 1" • 100' 116th Street \"‘ TEMPORARY EASEMENT , Electric Line Easement Deed Book 276, Poge 537 e HATCHED AREA IS THE APPROXIMATE TAKING OWNER: 51AS DEVELOPMENT, LLC PARCEL: 6 CODE: PROJECT: ILLINOIS STREET ROAD COUNTY: HAMILTON SECTION: 2 TOWNSHIP: 17 NORTH RANGE: 3 EAST DRAWN BY: MLU CHECKED BY: MW DES. NO.: LIMITED WARRANTY DEED - INSTR. No. 200400000152 DATED NOVEMBER 24, 2003 THIS PLAT TAS PREPARED PROM PUBLIC DOCUMENTS AND NOT CHECKED BY AFIELD SURVL'lt?i Reference No.: STATE OF .TND/A-slit COUNTY OF NAM(LMA) SS: 200500075840 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 11-21-2005 At 03:14 um, AFFID MISE 9,00 Project: 116th Street and Spring Mill Parcel: 6 Code: N/A LIMITED LIABILITY COMPANY MANAGER AUTHORITY AFFIDAVIT Sco# Law being first duly sworn upon his/her oath deposes and says: That he/she is duly elected Manager of SMS Development LLC, an Indiana limited liability company ; that he/she has full authority to manage the affairs of said limited liability company and sign and execute documents on their behalf, and that his/her authority has not been revoked; that he/she is, therefore, fully authorized and empowered to convey to the City of Carmel real estate of this limited liability company and to execute all necessary instruments in connection therewith. Manager (Signature) Title I S Cutk Lam-' Manager (Printed) Title Before me, a Notary Public in and for said County and State personally appeared T Scot LAW , who acknowledged the truth of the statements in the foregoing affidavit on this 30'' day of (1? LL (-u_{. d 2005. 0 Cci Jo_Loopy, Loa, My Commission Expires: 5/g/9O/ / My County of Residence is: L2.4 L C)U Instrument Prepared By: RWS South, Inc. Notary Public (Signature) V ici n Lc >xoLic. Notary Public (Printed Name) 0 INDIANA PARTIAL RELEASE OF MORTGAGE 200500075891 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 11-21-2005 At 03:14 pm. PT REL MI6 12.011 This is to certify that, for value received, the Mortgage from SMS Development, LLC to OLD NATIONAL BANK, a national banking association, ("Mortgagee"), dated November25, 2003 and recorded on January 2, 2004 as Instrument No. 200400000153 and subsequent Modification of Mortgage dated May 7, 2004 and recorded on May 19, 2004 as Instrument No. 200400033878, in the Office of the Recorder of Hamilton County, Indiana, [as such mortgage has been amended from time to time,] is hereby released and satisfied solely as to the real estate described on Exhibit A attached hereto. This Partial Release of Mortgage applies only to the real estate described on Exhibit A attached hereto, and the above-mentioned mortgage, as amended, shall remain in full force and effect as against all of the real estate described therein except the real estate herein released. IN WITNESS WHEREOF, Bank, as Mortgagee, has caused this instrument to be executed this 26`h day of September, 2005. STATE OF INDIANA ) SS: COUNTY OF MARION OLD NATIONAL.BANK By: Len Devaisher, Vice -President y DAWN M. GOLUBSKI b� ;t Vigo County Lb; ...://7 My Commission Expires April 23,2010 Before me, a Notary Public in and for said County and State, personally appeared Len Devaisher, Vice -President of Old National Bank, a national banking association, who acknowledged execution of the foregoing Partial Release of Mortgage on behalf of such banking association. Witness my hand and Notarial Seal this 26th day of September, 2005. My commission expires: April 23, 2010 County of Residence: Marion Pre o r-c_c1 Gina M. \5e -YY Dac('n M. Golubki, NIthary Public EXHIBIT "A" Project: Illinois Street Parcel 6 Fee A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit `B" described as follows: Commencing at the northwest corner of said Northwest Quarter; thence North 89 degrees 17 minutes 10 seconds East 117.50 feet along the north line of said Northwest Quarter to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 88 degrees 32 minutes 54 seconds East 684.01 feet (684.011 feet deed) along the north line of said Northwest Quarter; thence South 0 degrees 11 minutes 21 seconds East 660.16 feet (660.160 feet deed); thence North 88 degrees 32 minutes 54 seconds East 440.11 feet (440.107 feet deed); thence South 0 degrees 11 minutes 21 seconds East 163.85 feet (163.846 feet deed) to the northwest corner of a tract of land conveyed by a Limited Warranty Deed recorded as Instrument No. 200400000152 in the Office of the Recorder of Hamilton County, Indiana and the point of beginning of this description; thence North 89 degrees 48 minutes 39 seconds East 217.70 feet (217.697 feet deed) along the north line of said tract of land to the northeast corner of said tract of land; thence South 9 degrees 07 minutes 35 seconds Easf 51.40 feet along the eastem line of said tract of land to point "327" designated on said Plat; thence North 38 degrees 00 minutes 53 seconds West 17.44 feet to point "326" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 165.00 feet to point "331" designated on said Plat; thence South 0 degrees 11 minutes 21 seconds East 4.00 feet to point "330" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 30.00 feet to point "329" designated on said Plat; thence South 0 degrees 11 minutes 21 seconds East 10.00 feet to point "328" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 19.99 feet to the west line of said tract of land and point "332" designated on said Plat; thence North 0 degrees 11 minutes 21 seconds West 51.00 feet along said west line to the point of beginning and containing 0.198 acres, more or less. 0 o INDIANA PARTIAL RELEASE OF MORTGAGE 200500075892 Filed for Record in HAMILTON COUNTYr INDIANA JENNIFER J HAYDEN 11-21-2005 At 03:14 pm. PT REL MTG 12.00 This is to certify that, for value received, the Mortgage from SMS Development, LLC to OLD NATIONAL BANK, a national banking association, ("Mortgagee"), dated December 17, 2004 and recorded on January 13, 2005 as Instrument No. 200500002746, in the Office of the Recorder of Hamilton County, Indiana, [as such mortgage has been amended from time to time,] is hereby released and satisfied solely as to the real estate described on Exhibit A attached hereto. This Partial Release of Mortgage applies only to the real estate described on Exhibit A attached hereto, and the above-mentioned mortgage, as amended, shall remain in full force and effect as against all of the real estate described therein except the real estate herein released. IN WITNESS WHEREOF, Bank, as Mortgagee, has caused this instrument to be executed this 26th day of September, 2005. STATE OF INDIANA ) SS: COUNTY OF MARION OLD NATIONAL BANK By: _?... Len Devaisher, Vice -President DAWN M. GOLUBSKI :;•2.7:,.Vigo County 1• ' My Commission Expires ApnI23,2010_ Before me, a Notary Public in and for said County and State, personally appeared Len Devaisher, Vice -President of Old National Bank, a national banking association, who acknowledged execution of the foregoing Partial Release of Mortgage on behalf of such banking association. Witness my hand and Notarial Seal this 26th day of September, 2005. My commission expires: April 23, 2010 (' j W14 `)'1Y t0 t lb SU Dawn M. Golubski, otary Public County of Residence: Marion i��e-9o,recc b� • EXIRBIT "A" Project: Illinois Street Parcel 6 Fee A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit "8" described as follows: Commencing at the northwest corner of said Northwest Quarter; thence North 89 degrees 17 minutes 10 seconds East 117.50 feet along the north line of said Northwest Quarter to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 88 degrees 32 minutes 54 seconds East 684.01 feet (684.011 feet deed) along the north line of said Northwest Quarter; thence South 0 degrees 11 minutes 21 seconds East 660.16 feet (660.160 feet deed); thence North 88 degrees 32 minutes 54 seconds Fast 440.11 feet (440.107 feet deed); thence South 0 degrees 11 minutes 21 seconds East 163.85 feet (163.846 feet deed) to the northwest corner of a tract of land conveyed by a Limited Warranty Deed recorded as Instrument No. 200400000152 in the Office of the Recorder of Hamilton County, Indiana and the point of beginning of this description; thence North 89 degrees 48 minutes 39 seconds East 217.70 feet (217.697 feet deed) along the north line of said tract of land to the northeast corner of said tract of land; thence South 9 degrees 07 minutes 35 seconds East 51.40 feet along the eastern line of said tract of land to point "327" designated on said Plat; thence North 38 degrees 00 minutes 53 seconds West 17.44 feet to point "326" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 165.00 feet to point "33.1" designated on said Plat; thence South 0 degrees 11 minutes 21 seconds East 4.00 feet to point "330" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 30.00 feet to point "329" designated on said Plat; thence South 0 degrees 11 minutes 21 seconds East 10.00 feet to point "328" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 19.99 feet to the west line of said tract of land and point "332" designated on said Plat; thence North 0 degrees 11 minutes 21 seconds West 51.00 feet along said west line to the point of beginning and containing 0.198 acres, more or less. 20050007SE93 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEt1 11-21-2005 At 03:14 om. PT RELEASE 12.00 INDIANA PARTIAL RELEASE OF ASSIGNMENT OF RENTS This is to certify that, for value received, the Assignment of Rents from SMS Development, LLC to OLD NATIONAL BANK, a national banking association, ("Mortgagee"), dated November 25, 2003 and recorded on January 2, 2004 as Instrument No. 200400000154, in the Office of the Recorder of Hamilton County, Indiana, [as such Assignment of Rents has been amended from time to time,] is hereby released and satisfied solely as to the real estate described on Exhibit A attached hereto. This Partial Release of Assignment of Rents applies only to the real estate described on Exhibit A attached hereto, and the above-mentioned Assignment ofRents, as amended, shall remain in full force and effect as against all of the real estate described therein except the real estate herein released. IN WITNESS WHEREOF, Bank, as Mortgagee, has caused this instrument to be executed this 26th day of September, 2005. STATE OF INDIANA ) SS: COUNTY OF MARION OLD NATIONAL.BANK By: Len Devaisher, Vice -President DAWN M. GOLUBSKI Vigo County .?; My Commission Expires 11 23 2010 Before me, a Notary Public in and for said County and State, personally appeared Len Devaisher, Vicc-President of Old National Bank, a national banking association, who acknowledged execution of the foregoing Partial Release of Assignment of Rents on behalf of such banking association. Witness my hand and Notarial Seal this 26th day of September, 2005. My commission expires: April 23, 2010 County of Residence: Marion l tW L '111, n M. Golubski, Notary Public EXHIBIT "A" Project: Illinois Street Parcel 6 Pee A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B" described as follows: Commencing at the northwest corner of said Northwest Quarter; thence North 89 degrees 17 minutes 10 seconds East 117.50 feet along the north line of said Northwest Quarter to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 88 degrees 32 minutes 54 seconds East 684.01 feet (684.011 feet deed) along the north line of said Northwest Quarter; thence South 0 degrees 11 minutes 21 seconds East 660.16 feet (660.160 feet deed); thence North 88 degrees 32 minutes 54 seconds East 440.11 feet (440.107 feet deed); thence South 0 degrees 11 minutes 21 seconds East 163.85 feet (163.846 feet deed) to the northwest corner of a tract of land conveyed by a Limited Warranty Deed recorded as Instrument No. 200400000152 in the Office of the Recorder of Hamilton County, Indiana and the point of beginning of this description; thence North 89 degrees 48 minutes 39 seconds East 217.70 feet (217.697 feet deed) along the north line of said tract of land to the northeast corner of said tract of land; thence South 9 degrees 07 minutes 35 seconds East 51.40 feet along the eastern line of said tract of land to point "327" designated on said Plat; thence North 38 degrees 00 minutes 53 seconds West 17.44 feet to point "326" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 165.00 feet to point "33.1" designated on said Plat; thence South 0 degrees 11 minutes 21 seconds East 4.00 feet to point "330" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 30.00 feet to point "329" designated on said Plat; thence South 0 degrees 11 minutes 21 seconds East 10.00 feet to point "328" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 19.99 feet to the west line of said tract of land and point "332" designated on said Plat; thence North 0 degrees 11 minutes 21 seconds West 51.00 feet along said west line to the point of beginning and containing 0.198 acres, more or less. -„.„'.i16 40510 12:1 1 :13 p.m. 09-21-2005 6 /8 PARTIAL RELEASE QF REAL ESTATE MORTGAGE 20050007544 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 11-21-2005 At 03:14 pet, PT REL MIG 14.00 FOR VALUE RECEIVED, the undersigned, SMALL BUSINESS ADMINISTRATION, an Agency duly created undor and by virtue of an Act of Congress. does hereby release and discharge the following parcel of real estate from and of all lien and claim under and by virtue of that certain real estate mortgage made. executed and delivered under date of April 13, 2004, by SMS Develoment, L.L.C., as mortgagor, to Premier Capital Corporation, as mortgagee, which said real estate mortgage was recorded on April 20 2004 as Document No. 200400025211 in the Office of tho Recorder of Hamilton County, State of Indiana, and assigned by mortgagee to Small Business Administration on April 13, 2004, which assignment was recorded on April 20, 2004, as Document No. 200400025213. in the Office of the Recorder of Hamilton County, said parcel of real estate being moro particularly described and identified as follows, to wit: See Attached Exhibit A being a part, only, of the real property described In and covered by said mortgage. Provided always, nevertheless. that nothing heroln-contained shall in anywise now or hereafter (a) affect, alter or diminish the remaining balance of the principal, with interest, evidenced by the note described In and secured in part by said mortgage, or (h) affect the said note. itself, as evidencing said balance and interest, or (c) affect, alter or diminish all and singular the security for said note and indebtedness not heretofore or hereby duly released, surrendered or discharged, including the lien or encumbrance of the aforesaid mortgage on all and singular the said mortgaged property not hereby or heretofore duly treed, cleared and discharged from and of all lien and claim under and by virtue of said mortgage, or (d) affect, alter or dirninish the remedies at law for recovering on said security, whether collateral or other wise, and/or against said mortgagor, its successor and assigns, and/or the assets of said mortgagor, the balance of the debt, whether as principal, Interest or otherwise, according to the tenor and effect of said note. IN WITNESS WHEREOF, the aid SMALL BUSINESS AD INISTRATION, has caused these resents to be executed by its duly authorized ISFlny A . iJ4 a..,fic- Z.LxJS ("&:C.,1("&:C.,1m -r s2.4.. ..day in the City of Fresno, State of California, on the day of SecT� U. ALL BUSINESS ADMINSITRATION (SBA) , Gary A. Wanthof "n Specialist •...t<,':�Date: 7O� State of C&Idyrnia County of ''c” ei/`i_:Uc) n 44n,_,o4Yr G1W, - before me, /ifrrrg'S . J A/CE a Notary Public personally appeared_ C�-1 /3 toflob 4O F personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/skw executed the same in his/turauthorized capacity, and that by his/he signaturo on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. tifitESA J. Platy: aQMFA; iff,41214G5� Notary Public tardoteia..Q Presno County tdY Comm: Expires Oct: 23,2008 i' 7 d/31/2005 01:47 3177819727 RWS ENTOEBIT "A" PAGE 02 Sheet 1 of 2 Project: Illinois Street Parcel 6 Fee A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right-of-way linos depicted on the attached Might -of WaY Parcel Plat marked Exhibit "B" described as follows: Commencing at the northwest corner of said Northwest Quarter; th1Cnce North 89 degrees 17 minutes 10 seconds East 117.50 feet along the north line of said Northwest Quarter3 ase southwest conger of the Southwest itutesQ54 seconds Last 684.01 fr of Section 35, eet (G'8�}101 North, decd) along the thence North SS degrees 3 north line of said Northwest Quarter; thence South 0 degrees 11 minutes 21 seconds Bast 660.16 feet (660.160 feet deed); thence North 38 degrees 32 minutes 54 seconds East 440.11 feet (440.107 feet decd); thence South 0 degrees 11 minutes 21 seconds Last 163.85 feet (163.846 feet deed) to the northwest corner of a tract of land conveyed by a Limited Warranty Deed recorded as Instrument No. 200400000152 2ii the Office of of the Recordth er of .Hamilton County, Indiana and the point of beginning hong the north line of said tract of minutes 39 seconds East 217.70 feet (217.697 feet deed) thence South 9 degrees 07 minutes 35 • land to the northeast carnet of said tract of land;7" seconds East 51.40 feet along the eastern line ° 53 seconds W landaid tract of t`o 17.44 feet point Ito point�`326� on said Plat; thence North 38 degrees 00 minutes designated on said Plat; thence Smith �89 desouth 0rees 8dcgrcesminutes l l9m itntes 2nds 1 seconds East 4.00 est 165.00 feet to point "331" designated on said Plat; seconds feet to point "390" designated on said t d on said Platthence er hence Sot th 39 ch 0 degrecsminutes i 1 minutes 21 West 30.00 feet to point 329 .este seconds East 10.00 feet to point "328" designated on said Plat; thence South 39 degrees 4S and minutes 39 seconds West 19.99 feet west hitractf said point dcsigrated on sand Plat; thenc �rt the 1�nres 21 seconds West 51.00£ctalong said west line to the point of beginning and containing 0.198 acres, more or less. A/31/2005 01:47 3177819727 RWS PAGE 03 Sheet 2 of 2 This description was prepared for the City of Cannel by Michael L. Bishop, Indiana Registered Land Surveyor, License Number S0511, on the 20`h day of August, 2004: