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Home My WebLink About2008-07-08 Ltr - Attachement 5Receipt#: 56154 I if TER 1181882 1111 1111 1111 111 111 1111111111111111111 11111111 Certified Filed and/or recorded on: 12/11/2007 4-.32 PM 1181882 Certificate 64778 64779 Office of the Re of Titles Propert Records & Taxpa Services Washin Count MN Kevin.1 Corbid, Count Recordei- $86.00 Return to: FIRST AMERICAN TITLE-NICOLLFT MALI 1900 MIDWEST PLAZA WEST 801 NICOLLET MALL MINNEAPOLIS MN 55402 1181882 TERMINATION 64780 Additional Certificate #:'s OF CROSS EASEMENT DECLARATION (VEHICULAR PASSAGE) THIS TERMINATION OF CROSS EASEMENT DECLARATION (VEHICULAR PASSAGE) ( this "Termination"), is made and g iven this _' _th da of Dt2CEM ber- _ , 2007 (the "Effective Date" b VSSA BOUTWELLS LANDING, LLC, a Minnesota limited liabilit compan ( " "VSSA "). A. VSSA is the fee owner of certain tracts of land le described on the attached Exhibit A ( the "Propert and C. The Propert is benefitted and burdened b that certain Cross Easement Declaration (' "Vehicular Passa created b VSSA's predecessor-in-interest, Valle Senior Service Alliance, dated Ma 18, 2000, filed in the office of the Washin Count Re of Titles on Ma 30, 2000, as Document No. 1091189 ("Cross Easement "); and F. The Propert is now the sub of certain redevelopment activities b VSSA which will, inter cilia, result in the reconfi of certain streets and roads affectin the Propert 1. ( the Redevelopment" and G. As a result of the Redevelopment, VSSA intends to reconfi the Cross Easement and it will no lon be re as ori g ranted. NOW, THEREFORE, VSSA, as the current owner of the real propert ori benefited and burdened b the Cross Easement, hereb terminates the Cross Easement in all respects as of the Effective Date, and such Cross Easement shall hereafter be of no further force or effect. N (JOY) RETURN TO: First American Title Insurance O1 1900 Midwest Plaza West 801 Nicollet Mall Minneapolis, MN 55402 IN WITNESS WHEREOF, the undersi has caused these presents to be executed as of the Effective Date. STATE OF MINNESOTA ) )ss. COUNTY OF Yl ' ►h ) VSSA BOUTWELLS LANDING, LL C., a Minnesota limited liabilit compan B Printed Name-, uo- I(A /04� - Title: t v) The fore was acknowled before me this 13 da 2007, b Ma m r , the L h tei' Rea"CIW fflan rof VSSA Boutwells Landin LL C, a � i%nesota limited liabilit compan on behalf of the limited liabilit compan .. ... ........... LINDA M. CROSS -Minnesota Notary Public My o xwnMion Eores Jan 31, 2M 'JuncLQ_ Notar Public M Commission Expires: _[ - 3 t - 09 DRAFTED BY: Michelle R. Jester, Es Messerli & Kramer P.A. 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 Phone: (612 672-3718 Le al Descri tion Tracts A, B and C, Registered Land. Survey No. , Washington Count Minnesota CONSENT TO TERMINATION OF CROSS EASEMENT DECLARATION (VEHICULAR PASSAGE) The undersigned, as the owners and holders of that certain Consolidated Amended and Restated Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement executed by VSSA Boutwells Landing, LLC, a Minnesota limited liability company, to City of oak Park Heights, Minnesota, and Federal Hone Loan Mortgage Corporation dated November 1, 2005 ( "Mortgage "), recorded December 2, 2005, as Document No. 1162816, consolidating, amending and restating the following mortgages, which Mortgage was assigned to Federal Home Loan Mortgage Corporation and U.S. Bank National Association, a national banking association, by Assignment and Intercreditor Agreement dated November 1, 2005, recorded December 2, 2005, as Document No. 1162817: a. Combination Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement executed by VSSA MCKEAN WEST, LLC, a Minnesota limited liability company, to Minnwest Bank, Central, a Minnesota banking corporation, dated May 15, 2003, recorded May 30, 2003, as Document No. 1129297, securing the original principal amount of $24,000,000,00, and any other amounts which may become due, as assigned to The City of Oak Park Heights, Minnesota by Assignment of Mortgage dated November 1, 2005, recorded December 2, 2005, as Document No. 1162811, and as assigned to VSSA Boutwells Landing, LLC, a Minnesota limited liability company, by Assumption and Release Agreement dated November 1, 2005, recorded December 2, 2005, as Document No. 1162815; b. Combination Mortgage, Security Agreement, Assignment of Lease and Rents and Fixture Financing Statement executed by VSSA SOUSING AND COMMUNITY SERVICES, LLC, a Minnesota limited liability company, to City of Oak Park Heights, a political subdivision of the State of Minnesota, dated December 1, 2000, recorded January 23, 2001, as Document No. 1 096480, in the original principal amount of $30,000,000.00, and any other amounts which may become due, as assigned to National City Bank of Minneapolis, a national banking association, by Assignment of Mortgage dated December 29, 2000, recorded January 23, 2001, as Document No. 1096481, and as assigned to the City of Oak Park Heights, Minnesota by Assignment of Mortgage dated November 15, 2005, recorded December 2, 2005, as Document No. 1162812, and as further assigned to VSSA Boutwells Landing, LLC, a Minnesota limited liability company, by Assumption and Release Agreement dated November 1, 2005, recorded December 2 2005, as Document No. 1162815; and C. Combination Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement executed by Valley Senior Services Alliance, a Minnesota nonprofit corporation, to City of Oak Park Heights, Minnesota, a political subdivision of the State of Minnesota, dated May 18, 2000, recorded May 30, 2000, as Document No. 1091193, in the original principal amount of $10,000,000.00, and any other amounts which may become due, as assigned to Richfield Bank & Trust Co., a Minnesota banking corporation, dated May 18, 2000, recorded May 30, 2000, as Document No. 1091194, as amended by Assignment, Assumption and Release Agreement dated December 29, 2000, recorded January 11, 2001, as Document No. 1096221, as assigned to the City of Oak Park Heights, Minnesota by Assignment of Mortgage dated November 14, 2005, recorded December 2, 2005, as Document No. 11 62813, as further assigned by VSSA Boutwells Landing, LLC, a Minnesota limited liability company, by Assumption and Release Agreement dated November 1, 2005, recorded December 2, 2005, as Document No. 11 62815, for themselves, their successors and assigns, hereby consents to that certain Termination of Cross Easement Agreement ("Vehicular Passage) attached hereto. [SIGNATURE PAGES TO FOLLOW] Dated: r. 2007 STATE of Vk COUNTY OF FEDERAL HOME LOAN MORTGAGE CORPORATION, a shareholder - owned, government- sponsored enterprise organized and existing under the laves of the United States �s Name/ ■ a ItS: The d e fore was as acknowled � before � t his � da of L7 � ,� 2007, the t Fe deral of the Hom � � ... f �' •. \,. �., ` � � � r � e L oan Mortgage Corporation, a shareholder - owned, government sponsored enterprise organized and existing under the laws of the united States, on behalf of the corporation. ..r ,, /� '�""" ,�,.✓" - ,��'`�..��...., Notary public My Co s &Wp Expires: � �� • ,�a..i. da � d �� Les R. Ga lahav NOTARY PUBLIG .sr aF•+ t„i r.P A My Commission E � _ = ' '4.t/ December 31 ANY @E$1 #3 WtW Dated: T)eumLler -1 , 2007 STATE OF MINNESOTA ss. COUNTY OF U.S. BANK NATIONAL ASSOCIATION, a national bankin association B Name: V) Title: Assistant Vice President- - - strument was acknow �__4 The fore i led befo e this da of N 1� � 2007 b _7C51�A J'P , the* - ( U. 4?,P�69� - of U.S. Bank National Association, a national bankin association, on behalf of the association. Mou.-Y K. BEANE Nlot'ar Put)lic COMM] WIWI Exf ii rus jc_ ' uarl 31, 201 '131,2010 otar Pubfir'FA M Commission Expires: 11,031 OuL) 700497.1