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131st/River - BCE Associates Harris TrustCOH PARTIAL RELEASE OF MORTGAGE Instrument 9709724327 This is to certify that, for value received, the Construction Mortgage and Security Agreement With Assignment of Rents from BDC /CARDINAL ASSOCIATES, L.P. to HARRIS TRUST AND SAVINGS BANK, which mortgage was recorded September 30, 1996, as Instrument No. 9609641289 in the Office of the Recorder of Hamilton County, Indiana, as subsequently modified, is hereby released and satisfied solely as to the real estate in Hamilton County, Indiana, described in Exhibit A attached hereto and incorporated herein by this reference. This Partial Release applies only to the above described parcel of real estate and it is expressly stipulated, agreed and understood that the hereinabove recited Real Estate Mortgage shall be in full force and effect as against all of the property and improvements described therein except the property herein and heretofore released. IN WITNESS WHEREOF, Harris Trust and Savings Bank, mortgagee as aforesaid, has caused this instrument to be executed this i't day of May, 1997. STATE OF ILLINOIS COUNTY OF COOK SS: HARRIS TRUST AND SAVINGS BANK By Mc—C2_ Q �I ■ttek A Its Assistcil} JicE PR pn(Qn± (printed name) Before me, a Notary Public in and for said County and State, personally appeared a ,9 r sir7,9,r r ,41 f,/�.of Harris Trust and Savings Bank, who acknowledged the execution of the foregoing Partial Release of Mortgage for and on behalf of said Mortgagee and stated that the representations set forth therein are true and correct. WITNESS my hand and Notarial Seal this day of May, 199 AfAA-.. /4 My Commission Expires dL� ..lic Residing in Y 'OFFICIAL SEAL" MARY ANN SARI L Notary Public. Surto of rA My Commission Expires 412/01 1/7/v ,S///•7 County (printed name) This instrument prepared by Tom Charles Huston, Attorney at Law, 1313 Merchants Bank Building, 11 South Meridian Street, Indianapolis, Indiana 46204. ASSUMED NORTH SCALE 1" 300' f', 1 SCHNEIDER ENGINEERING CORPORATION 131st. ST. 8c RIVER AVE. RIGHT —OF —WAY EXHIBIT A SOUTH LINE, N.E.1 /4, 27 -T18N -R4E DWG: J: 1065 \DWGS \13 \OFFSITE \RW131RR.DWG MOFFITT FARM SECTION 1 S.E. CORNER, N.E.1 /4 SECTION 27 -T18N -R4E BRASS PLUG FOUND 12726 Hamilton Crossirg Blvd. Surveying Carmel, Indiana 46032 Engineering 317 574 -3797 GIS LIS 317 574 -3799 FAX Geology \AOFFITT FARM POB MOFFITT FARM SECTION 3B v1OFFITT FARM SECTION 2A 7.49 ACRES SECTION 3A BROOKS LANDING CHAPMAN'S CLAIM JOB 1065.13 DATE: 05.01.97 DRAWN: B.OTT SHT. 1 OF 3 Schnei er Engineering fi J Corporation LAND DESCRIPTION 131' RIVER AVENUE RIGHT OF WAY EXHIBIT 12726 Hamilton Crossing Bouleva Engineering Carmel, Indiana 46032 Surveying GIS US 317-574-3797 Geology 317- 574 -3799 Fax 97097`4327 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 06 -20 -1997 At 11:03 am. PT REL MTG 16.00 Part of the Northeast Quarter of Section 27 and part of the Northwest and Southwest Quarters of Section 26 all in Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana described as follows; Commencing at a brass plug at the Southeast corner of said Northeast Quarter of Section 27; thence on an assumed bearing of South 89 -59 -50 West along the south line of said quarter section 166.80 feet to the POINT OF BEGINNING; thence continuing along said south line South 89 -59 -50 West 923.90 feet; thence North 00 -04 -25 East 45.06 feet; thence South 90 -00 -00 East 705.46 feet; to a curve with a radius of 455.00 feet, the radius point of which bears North 00 -11 -43 East; thence northeasterly an arc length of 295.99 feet to a point which bears South 37 -04 -37 East from said radius point; thence North 52 -55 -23 East 37.67 feet to a curve with a radius of 20.00 feet, the radius point of which bears North 37 -04 -37 West; thence northerly an arc length of 23.16 feet to a point which bears North 76 -34 -42 East from said radius point, and to a curve with a radius of 142.00 feet, the radius point of which bears North 76 -34 -42 East; thence northeasterly an arc length of 231.31 feet to a point which bears North 10 -05 -20 West from said radius point, and to a curve with a radius of 20.00 feet, the radius point of which bears North 10 -05 -20 West; thence northeasterly an arc length of 23.16 feet to a point which bears South 76 -26 -01 East from said radius point; thence North 13 -33 -59 East 75.13 feet to a curve with a radius of 645.00 feet, the radius point of which bears South 76 -26- 01 East; thence northerly an arc length of 381.09 feet to a point which bears North 42 -34 -54 West from said radius point; thence North 47 -25 -06 East 627.25 feet to a curve with a radius of 555.00 feet, the radius point of which bears North 42 -34 -54 West; thence northeasterly an arc length of 449.22 feet to a point which bears South 88 -57 -27 East from said radius point; thence North 01 -02 -33 East 572.97 feet to the south line of Moffitt Farm at Prairie View Section 3 -A, recorded as Instrument number 9705551, in Plat Cabinet 1, slide 759 in the Office of the Recorder of Hamilton County, Indiana; thence South 88 -57 -27 East along the south line thereof 90.00 feet; thence South 01 -02 -33 West 572.97 feet to a curve with a radius of 645.00 feet, the radius point of which bears North 88 -57 -27 West; thence southwesterly an arc length of 522.07 feet to a point which bears South 42 -34 -54 East from said radius point; thence South 47 -25 -06 West 627.25 feet to a curve with a radius of 555.00 feet, the radius point of which bears South 42 -34 -54 East; thence southwesterly an arc length of 327.91 feet to a point which bears North 76 -26 -01 West of said radius point; thence South 13 -33 -59 West 75.13 feet to a curve with a radius of 20.00 feet, the radius point of which bears South 76 -26 -01 East; thence southerly an arc length of 23.16 feet to a point which bears South 37 -13 -19 West from said radius point, and to a curve with a radius of 142.00 feet, the radius point of which bears South 37 -13 -19 West; thence southerly an arc length of 187.74 feet to a point which bears South 67 -01 -33 East from said radius point, and to a curve with a radius of 21.00 feet, the radius point of which bears South 67 -01 -33 East; thence southerly an arc length of 26.96 feet, to a point which bears South 39 -25 -08 West from said radius point, and to a curve with a radius of 375.00 feet, the radius point of which bears North 39 -25 -08 East; thence southeasterly an arc length of 70.18 feet to a Page 2 of 3 A Partnered Flinty with Bohlen, Meyer, Gibson Associates, Incorporated Offices in Indianapolis, Avon, Carmel and Lafayette, Indiana r Schno er Engineenng L .4 Coiporatioi i point which bears South 28 -41 -48 from said radius point; thence South 28 -41 -48 West 50.00 feet to a curve with a radius of 425.00 feet, the radius point of which bears North 28 -41 -48 East; thence northwesterly an arc length of 79.45 feet to a point which bears South 39 -24 -29 West from said radius point, and to a curve with a radius of 21.00 feet, the radius point of which bears South 39 -24 -29 West; thence westerly an arc length of 26.99 feet to a point which bears North 34 -14 -30 West from said radius point, and to a curve with a radius of 142.00 feet, the radius point of which bears North 34 -14 -30 West; thence southwesterly an arc length of 24.19 feet to a point which bears South 24 -28 -56 East from said radius point, and to a curve with a radius of 20.00 feet, the radius point of which bears South 24 -28 -56 East; thence southwesterly an arc length of 23.83 feet to a point which bears South 87 -15 -22 West from said radius point; thence South 02 -44 -38 East 92.95 feet to a curve with a radius of 640.00 feet, the radius point of which bears South 87 -15 -22 West thence southerly an arc length of 227.32 feet to a point which bears South 72 -23 -34 East from said radius point; thence South 17 -08 -54 West 72.25 feet to a curve with a radius of 560.00 feet, the radius point of which bears South 72 -09 -50 East; thence southerly an arc length of 84.01 feet to a point which bears North 80 -45 -34 West from said radius point; thence South 89 -57 -14 West 47.34 feet to a point on the west line of the Southwest Quarter of Section 26, which bears South 00 -02 -46 East along said west line 402.88 feet from a brass plug at the Southeast corner of said Northeast Quarter of Section 27; thence North 00 -02 -46 West along said west line 135.45 feet; thence North 17 -08 -54 East 45.74 feet to a curve with a radius of 560.00 feet, the radius point of which bears North 72 -51 -06 West; thence northerly an arc length of 194.42 feet to a point which bears North 87 -15 -22 East from said radius point; thence North 02 -44 -38 West 92.95 feet to a curve with a radius of 20.00 feet, the radius point of which bears South 87 -15 -22 West; thence northwesterly an arc length of 23.83 feet to a point which bears North 18 -59 -41 East from said radius point, and to a curve with a radius of 142.00 feet, the radius point of which bears North 18 -59 -41 East; thence northwesterly an arc length of 25.46 feet to a point which bears South 29 -16 -04 West from said radius point, and to a curve with a radius of 20.00 feet, the radius point of which bears South 29 -16 -04 West; thence westerly an arc length of 23.16 feet to a point which bears North 37 -04- 37 West from said radius point; thence South 52 -55 -23 West 37.67 feet to a curve with a radius of 545.00 feet, the radius point of which bears North 37 -04 -37 West; thence southwesterly an arc length of 129.68 feet to a point which bears South 23 -26 -38 East from said radius point, and the POINT OF BEGINNING, containing 8.13 acres more or less, EXCEPTING THEREFROM a circle known as Block "G" in the proposed Moffitt Farm at Prairie View Section 1, having a radius of 94.00 feet, the radius point of which bears North 47 degrees 32 minutes 19 seconds East 315.91 feet from aforesaid POINT OF BEGINNING, containing 0.64 acres more or less, FINAL RIGHT OF WAY DEDICATION contains 7.49 acres more or less, after said exception. JAI 065 \DOCS \13 \OFFSITE \RW 131 RR.WPD 05.01.97 b.ott Page 3 of 3 12726 Hamilton Crossing Boulcva Engineering Carmel, Indiana 46032 Surveying GIS IJS 317 -574 -3797 Geology 317- 574 -3799 Fax I'.truicrcrl I,uiity ss itlr Bolden, (\1c'Cr, Gipson AS \■lllates, Inc (311 cs ui Indi.uialnrlts, Avon. C:tnncl anti I.31:tycuc. Indiana