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Carmel Drive - NRW Corporation1. • Instrument 200100044207 PARTIAL RELEASE OF MORTGAGE AND SECURITY AGREEMENT FOR VALUE RECEIVED, the undersigned Mortgagee, National Bank of Indianapolis, a national banking association ( "Mortgagee "), hereby PARTIALLY RELEASES the Mortgage and Security Agreement ( "Mortgage ") executed by NRW Corporation, an Indiana corporation ( "Mortgagor "), dated February 28, 1997, recorded in the Office of the Recorder of Hamilton County, Indiana, on March 19, 1997, as Instrument No. 9709710177, as amended by that certain Amendment to Mortgage ( "Amendment ") executed by Mortgagor, dated August 18, 1997, recorded in the Office of the Recorder of Hamilton County, Indiana, on September 16, 1997, as Instrument No. 9709738868, as to the real estate located in Hamilton County, and described on attached Exhibit A, only, and does not release as to the remainder of the real estate originally described on Exhibit A to the Mortgage, as amended by the Amendment. This Partial Release of Mortgage and Security Agreement is not to be construed as satisfaction of any debt, note or obligation of any kind not specifically released herein, nor a release of any real estate other than the real estate described on attached Exhibit A. IN WITNESS WHEREOF NATIONAL BANK OF INDIANAPOLIS, Mortgagee, has executed this Partial Release of Real Estate Mortgage-and Security Agreement this 'tell, day of March, 2001. STATE OF INDIANA ) SS: COUNTY OF MARION NATIONAL BANK OF INDIANAPOLIS By: _ Its: Co to rr& e r- CA.`al d . , 200100044207 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 07 -18 -2001 03:09 pm. PT REL MTG 22.00 Before me, a Notary Public in and for said County and State, personally appeared Sec - (�. c, , 1-kg ' , known to me to be the,: ,`" of National Bank of Indianapolis and having been duly sworn, acknowledged the execution of the foregoing Partial Release of Real Estate Mortgage and $9curityAgreement for and on behalf of National Bank of Indianapolis. Yi ra7,•14, • > Witness my hand and Notarial Seal this gh` day of March, 2001. c .,C Notary Public - Signature Notary Public - Name Printed VIy:CQmrpission Expires: My County of Residence is in vac. < to f\ This document was prepared by Michael T. McNelis, Mitchell Hurst Jacobs & Dick, LLP, 152 E. Washington Street, Indianapolis, Indiana 46204 -3680. missri`on Expires: F:\ APPS \CDOC \WINSKI \Carmel \Release of Mortgage - Partial 03/24/2001 eig)cpc)62 Ir� THE it SC = NEIDER L J CORPORA'T'ION 1375.85' W 0 00 in 0 o o� 0 N89'55'00 "E 3020 North Post Road Indianapolis, Indiana 46226 -6518 317 -898 -8282 317 -899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX 130.00' Engineering Surveying Landscape Architecture GIS • LIS Geology PLAN SCALE 1"= 30' LINE, SW 1/4 (SEE REPORT) CARMEL DRIVE PROPOSED PERMANENT R.O.W. (CROSS HATCHED) EXISTING 40' 1/2 R.O.W. LINE • N 89:55'00"E 130.00' \ S89.55'00 "W:.:: &2.47 L= 400.00' R= 1145.92' N89'55'00 "E 600.00' _.�- R \�� �CP SURVEY LINE MONU. 1321 N51'53'04 "W 15.33' - PROPOSED ..- R-:Q,.W. "L.iNE 48' S89 "53'57 "W EINSTEIN BROS. HOT SHOTS BAGELS PARCEL 29 RECORD OWNER NRW CORPORATION WARRANTY DEED INSTR. # 8605556 SURVEY LINE MONU. 1322 Z ir) In co W < -,,i_N_,--- c.Do o � CC Q o CC z SURVEY LINE SURVEY LINE MONU. 24428 SW CORNER SEC. 31— T18N —R4E s: \2k \2603 \dwgs \porcel29.dwg i SO0'05'00 "E 17.47' SURVEY LINE N89'55'00 "E 1750.84' 1375.85' J• S00'05'DO "E / 40.00' P.O.B. --�� PARCEL 29 ROW L=400.00' R= 1145.92' NOTE : SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY LINE COORDINATES. PARCEL 29 EXHIBIT "A" revised 12/30/00 >— LiJ L N M z 0 w z J r N TSC #2603.001 Sheet 1 of 2 �THE SCHNEIDER L J CORPORATION East Carmel Drive Project — Parcel 29 3020 North Post Road Indianapolis, Indiana 48226 -6518 317 -898 -8282 317 -899 -8010 FAX 317 - 895 -2803 RESIDENTIAL SURVEYING FAX PARCEL 29 EXHIBIT "A" Owner: NRW Corporation Warranty Deed — Instrument Number 8605556 Permanent Right of Way Land Description Engineering Surveying Landscape Architecture GIS • LIS Geology Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana being all that part of the owner's land identified as Parcel 29 lying within the area identified and shown os "Proposed Permanent Right of Way" on the attoched Route Survey Plot and being further described as follows: Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence bearing North _ 01 degrees 04 minutes 45 seconds West (basis of bearings is from Instrument Number 8605556, Office of the Hamilton County Recorder) along the west line thereof a distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said center) ne a distance of 600.00 feet to the point of curvature of a curve having a radius of 1145.92„Jeet, the radius point of which bears North 00 degrees 05 minutes 00 seconds West ; thence easterly along said curve and along said centerline an arc distance of 400.00 feet to o point bearing South 20 degrees 05 minutes 00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds Eost along said centerline o distance of 238.51 feet to the to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of ...Which bears South 20 degrees 05 minutes 00 seconds East; thence easterly along said curve an arc distance of 400.00 feet to a point bearing North 00 degrees 05 minutes 0D seconds West from said radius point; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 1375.85 feet to a point distant South 89 degrees 55 minutes 00 seconds West a distance of 375.00 feet from the intersection of said centerline with the centerline of Keystone Way, thence South 00 degrees 05 minutes 00 seconds East along the grantor's west line a distance of 40.00 feet to the Point of Beginning on the south right of way line of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said south line o distance of 130.00 feet to the grantor's east line; thence South 00 degrees 05 minutes 00 seconds East along said east line a distance of 17.47 feet; thence South 89 degrees 53 minutes 57 seconds West a distance of 35.48 feet; thence North 51 degrees 53 minutes 04 seconds West o distance of 15.33 feet; thence South 89 degrees 55 minutes 00 seconds West parallel with the aforesaid south right of way line a distance of 82.47 feet to the grantor's west line; thence North 00 degrees 05 minutes 00 seconds West along said west line a distance of 8.00 feet to the Point of Beginning. Containing 1433 square feet. s: \2k \2603 \001 \parcel29.dwg revised 12/30/00 TSC #2603.001 Sheet 2 of 2 THE 6117 SCHNEIDER L CORPORATION 1375.85' P.O.B. PARCEL 29 RECORD DEED 3020 North Post Road Indianapolis, Indiana 46226 -6518 317 -898 -8282 317 -899 -8010 FAX 317 - 895 -2803 RESIDENTIAL SURVEYING FAX N89'55'00 "E 1505.85' N89'55'00 "E 130.00' CARMEL DRIVE PROPOSED LANDSCAPE ESMT. (CROSS HATCHED) Engineering Surveying Landscape Architecture GIS • LIS Geology PLAN SCALE 1w= 30' LINE, SW 1/4 (SEE REPORT) 3.70' N51 '53'04 "W EINSTEIN BROS. BAGELS L= 400.00' R= 1145.92' N89'55'00 "E 600.00' N89'53'57 "E 35.48' / PARCEL 29 S00'05'00 "E 2.29' P.O.B. LS.E HOT SHOTS PARCEL 29 RECORD OWNER NRW CORPORATION WARRANTY DEED INSTR. # 8605556 SURVEY LINE MONU. 1322 O0E N69.55 N6 SURVEY LINE N89'55'00 "E 1750.84' SURVEY LINE MONU. SURVEY LINE SURVEY LINE MONU. 24428 SW CORNER SEC.31— T18N —R4E 1321 1375.85' P.O.B. PARCEL 29 RECORD DEED L=400.00' R= 1145.92' NOTE : SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY LINE COORDINATES. PARCEL 29 EXHIBIT "A-1" s: \2k \2603 \001 \por29LSE.dwg revised 12/30/00 TSC #2603.001 Sheet 1 of 2 r� THE itt SCHNEIDER � J CORPORATION 3020 North Post Road Indianapolis, Indiana 46226 -6518 317 - 898 -8282 317 - 899 -8010 FAX 317 - 895 -2803 RESIDENTIAL SURVEYING FAX PARCEL 29 EXHIBIT "A -1" East Carmel Drive Project — Parcel 29 Owner: NRW Corporation Warranty Deed — Instrument Number 8605556 Londscope Easement Land Description Engineering Surveying Landscape Architecture GIS•LIS Geology Port of the South Half of Section 31 Township 18 North, Range 4 East of the Second Principal Meridion in Hamilton County, Indiana being all that port of the owner's land identified as Parcel 29 lying within those areas identified and shown os "Proposed Londscope Easement" on the attached Route Survey Plot and being further described as follows: Londscope Easement Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 seconds West. (basis of bearings is from Instrument Number 8605556, Office of the Hamilton County Recorder) along the west line thereof o distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55 minu_tes 00 seconds East along said centerline o distance of 600.00 feet to the—point ofcu•rvature of a curve having a radius of 1145.92 feet, the radius point of which bears-North 00 degrees 05 minutes 00 seconds West ; thence easterly along said curve and along said centerline on arc distance of 400.00 feet to 0 point bearing _South 20 degrees 05 minutes 00 seconds East from said rodius point; thence North' 69 degrees 55 minutes 00 seconds East along said centerline a distance of 238.51 feet to the point of curvature of o curve having o radius of 1145.92 feet, the radius point of which bears South 20 degrees 05 minutes 00 seconds East; thence easterly along said curve an arc distance of 400.00 feet to a point bearing North 00 degrees 05 minutes 00 seconds West from said radius point; thence North 89 degrees 55 minutes 00 seconds Eost along said centerline a distance of 1505.85 feet to a point distant South 89 degrees 55 minutes 00 seconds West o distance of 245.00 feet from the intersection of said centerline with the centerline of Keystone Way, being the grantor's northeast corner; thence South 00 degrees 05 minutes 00 seconds East along the grantor's Eost line a distance of 57.47 feet to the Point of Beginning; thence continuing South 00 degrees 05 minutes 00 seconds East a distance of 2.29 feet; thence South 89 degrees 53 minutes 57 seconds West a distance of 32.57 feet; thence North 51 degrees 53 minutes 04 seconds West a distance of 3.70 feet; thence North 89 degrees 53 minutes 57 seconds East a distance of 35.48 feet to the Point of Beginning. Containing 78 square feet. s: \2k \2603 \001 \par29LSE. dwg revised 12/30/00 TSC #2603.001 Sheet 2 of 2 r�THE SCHNEIDER L J CORPORATION 1375.85' P.O.B. PARCEL 29 RECORD DEED 3020 North Post Road Indianapolis, Indiana 48228 -6518 317 - 898 -8282 317 - 899 -8010 FAX 317 - 895 -2803 RESIDENTIAL SURVEYING FAX PROPOSED TEMPORARY CONSTRUCTION EASEMENT (CROSS HATCHED) N89'55'00 "E 130.00' — S89'55'OC "W CARMEL DRIVE 26.44' P.O.B. TEMP. ESMT. PARCEL 29 "A" PROPOSED 48' 1/2 R.O. W. LINE 56.50' 37.36' S89'47'55 "W S00'06'03 "E N52'26 '30 :7W 24.79' 850'30'49" w o_ or. i[7 . 0 N89•53'57 "E 35.48' �! N- `-r) Engineering Surveying Landscape Architecture GIS • LIS Geology PLAN SCALE 1n= 30' TEMP. ESM (SEE LINE, SW 1/4 0 z EINSTEIN BROS. HOT SHOTS BAGELS 13.02' 889'55'00 "W L= 400.00' R= 1145.92' N89'55'00 "E 600.00' PARCEL 29 RECORD OWNER NRW CORPORATION WARRANTY DEED INSTR. # 8605556 oi: • 1n 0 0 0 SURVEY LINE MONU. 1322 00 F. N6(2— 51 IRS w co Lu o — - SW CORNER SURVEY LINE MONU. 1321 �— SURVEY LINE SURVEY LINE MONU. 24428 SEC.31- T18N -R4E CO ro 0• In in 0) co S00'05'00 "E 2.29' SURVEY LINE N89'55'00 "E 1750.84' 1375:85' P.O.B. PARCEL 29 RECORD DEED L= 400.00' R= 1145.92' NOTE : SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY LINE COORDINATES. PARCEL 29 EXHIBIT "A -2 : \2k \2603 \dwgs \parcel29.dwg revised 12/30/00 TSC #2603.001 Sheet 1 of 2 THE SCHNEIDER L J CORPORATION 3020 North Post Road Indianapolis, Indiana 46228 -8518 317 - 898 -8282 317 - 899 -8010 FAX 317 - 895 -2803 RESIDENTIAL SURVEYING FAX PARCEL 29 EXHIBIT "A - 2" East Carmel Drive Project - Parcel 29 Owner: NRW Corporation Warranty Deed - Instrument Number 8605556 Temporary Construction Easement Land Description Engineering Surveying Landscape Architecture GIS • LIS Geology Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana being all that port of the owner's land identified as Parcel 29 lying within those areas identified and shown as "Proposed Temporary Construction Easement" on the attached Route Survey Plat and being further described as follows: Temporary Construction Easement "A" Commencing of the southwest corner of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is from Instrument Number 8605556, Office of the Hamilton County Recorder) along the west line thereof a distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 600.00 feet to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of which bears North 00 degrees 05 minutes 00 seconds West ; thence easterly along said curve and along said centerline an arc distance of 400.00 feet to a point bearing South 20 degrees 05 minutes 00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds Eost along said centerline a distance of 238.51 feet to the to the point of curvature of a curve having a radius of 1145.92 feet;: the radius point of which bears South 20 degrees 05 minutes 00 seconds East; thence easterly along said curve on arc distance of 400.00 feet to a point beoring North 00 degrees 05 minutes 00 seconds West from -said radius point; thence North 89 degrees 55 minutes 00 seconds East along said centerline a_ distance` of 1375.85 feet to o point distant South 89 degrees 55 minutes 00 seconds West a distance of 375.00 feet from the intersection of said centerline with the centerline of Keystone Way, thence South 00 degrees 05 minutes 00 seconds East along the grantor's west line a distance of 48.00 feet; thence North 89 degrees 55 minutes 00 seconds East parallel with the south risiht of way line of Carmel rive e distance of 26.44 feet to the Point of Beginning; thence continuing North 89 degrees 55 minutes 00 seconds East along said south line a distance of 56.50 feet; thence South 00 degrees 06 minutes 03 seconds Eost a distance of 2.89 feet; thence South 89 degrees 47 minutes 55 seconds West a distance of 37.36 feet; thence South 50 degrees 30 minutes 49 seconds West o distance of 24.79 feet; thence North 00 degrees 03 minutes 09 seconds West a distance of 18.70 feet to the Point of Beginning. Containing 317 square feet. Temporary Construction Easement "8" Also, Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is from Instrument Number 8605556, Office of the Hamilton County Recorder) along the west line thereof a distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said centerline o distance of 600.00 feet to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of which bears North 00 degrees 05 minutes 00 seconds West ; thence easterly along said curve and along said centerline on arc distance of 400.00 feet to a point bearing South 20 degrees 05 minutes 00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds East along said centerline a distonce of 238.51 feet to the to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of which bears South 20 degrees 05 minutes 00 seconds East; thence easterly along said curve an- arc distance• of 400.00 feet to a point bearing North 00 degrees 05 minutes, 00..seconds West. from said •radius ::point; thence North 89 degrees 55 minutes 00 seconds East along said centerline a;'distance of, 1375.85 feet to a point distant South 89 degrees 55 minutes 00 seconds West .e distcdbe�'of '375.00 feet from the intersection of said centerline with the centerline of Keystone Way, thence continuing North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 130.00 feet; thence South 05 minutes 00 seconds Eost along the grantor's east line a distance of 57.47 feet to the Point of Beginning; thence continuing South 00 degrees 05 minutes 00 seconds Eost along said east line o distance of 2.29 feet; thence South 89 degrees 55 minutes 00 seconds West o distance of 9.38 feet; thence South 00 degrees 05 minutes 00 seconds East a distance of 7.81 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 13.02 feet; thence North 52 degrees 26 minutes 30 seconds West o distance of 16.52 feet; thence North 89 degrees 53 minutes 57 seconds East a distance of 35.48 feet to the Point of Beginning. Containing 219 square feet. s: \2k \2603 \dwgs \parce129.dwg revised 12/30/00 TSC #2603.001 Sheet 2 of 2