116th - John Barbour (2)® 8709221
9 c., %/ >38.221--A-etio
SUBORDINATION TO EASEMENT
42) This instrument, executed this -441
of gacy , 1987, by The
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Life Insurance Company of Virginia (hereinafter referred to as
"LICOVA"), witnesses the following:
WHEREAS, John R. Barbour and Woodland Management & Development
Company executed a real estate mortgage in favor of LICOVA covering
real estate which includes the easement described in the foregoing
Declaration, Grant and Agreement of Sanitary Sewer Easement dated
January 22, 1987 by and between said John R. Barbour and the City of
Carmel, Indiana and recorded as Instrument # .Q7D9442O at Book
Page , on aret2t, 47y, 19827, in the Office of the Recorder
of Hamilton County, Indiana, which mortgage is recorded in Mortgage
Record 457, page 80, as Instrument No. 84-6345 in the Office of the
Recorder of Hamilton County, Indiana ("Mortgage"); and
WHEREAS, LICOVA has agreed to execute and deliver this
Subordination to Easement.
NOW, THEREFORE, for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, LICOVA hereby
subordinates the lien of the Mortgage and the security documents
executed in connection therewith to the easement created by the
foregoing Declaration, Grant and Agreement of Sanitary Sewer, agrees
that in the event of a foreclosure of the Mortgage, a deed in lieu
of foreclosure or other transfer of title pursuant to the Mortgage,
the rights granted under the foregoing Declaration, Grant and
Agreement of Sanitary Sewer shall not be disturbed and that said
Declaration, Grant and Agreement of Sanitary Sewer shall be binding
upon LICOVk' its successors and assigns.
'�^-,tett"
THE LIFE INSURANCE COMPANY OF VIRGINIA
By:
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Assis . ant i'ibs�resident7i ? r.-'7"1, `4
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This instrument ?ecord'd Ai' Q1-1. 1937
Sharon -K. Cherry, Hecordar, iiatniiion County, Ltd.
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STATE OF V /.iG/40A
COUNTY OF /-/FN.e/ o
SS:
Before me, a Notary Public in and for said County and State,
personally appeared S..&z2,Py /V..fls.74/
the 4%/s/µ f /!cf Tns, o f 7:4,E
.C,n. 7Ns. 6. of l'eG;tvl , who, having been duly sworn, acknowledged
the execution of the foregoing Subordination to Easement for and on
behalf of said company and stated that the representations contained
therein are true.
Witness my hand and Notarial Seal this day of 49.ec4
1987.
My Commission Expires:
MY COMMISSION EXPIRES JULY 21. 14.0
My County of Residence is:
This i Siiumennt Reirorded !"-.2 J937
Sharon K. Cherry, Recorder, iiamiltdo Soun,y, Ind.
DORO' Y U. 1ikP:
Notary Pnb.]Jc':;
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This instrument was prepared by John W. Van Buskirk, Attorney
7o9a-1
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8709220
DECLARATION, GRANT AND AGREEMENT
OF SANITARY SEWER EASEMENT
THIS DECLARATION, GRANT AND AGREEMENT as to a sanitary sewer
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easement is made this fl day of January, 1987 by and between
JOHN R. BARBOUR ("Owner") and the CITY OF CARMEL ("City").
WHEREAS, John R. Barbour is the owner of a strip of ground
twenty-five (25) feet in width by parallel lines to be used as an
easement for a sanitary sewer located in the south half of
Section 31, Township 18 North, Range 4 East in Clay Township,
Hamilton County, Indiana, said easement to centered upon the center
line of an existing sanitary sewer and more particularly described
as follows:
(See Exhibit "A")
WHEREAS, Owner is willing to create an easement to City, its
successors and assigns, to use the above-described strip of ground
for the purpose of maintaining and repairing the sanitary sewer.
NOW, THEREFORE, Owner declares and grants an easement in the
above-described strip of ground to City, its successors and assigns,
to use the strip of ground to maintain and repair the sanitary sewer
across, through and under the strip of ground above-described.
IT IS UNDERSTOOD that the employees of the City, its successors
and assigns, shall, when necessary, have access to the described
easement for purposes of maintenance and repairs, provided that
City, its successors and assigns, shall be responsible for any
damage that may be done to the above-described property of Owner.
IT IS FURTHER UNDERSTOOD AND AGREED that City shall return the
above-described property to its original condition after performing
any maintenance or repairs to the sanitary sewer line.
John R.
This !r Irl r pnt P rnrdr,;( N: 1987
Shaw it i,tiEuy, hcuuid i haniiton County, kJ;
Barbour
"OWNgR" -,-
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