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Home My WebLink About2008-07-08 Ltr - Attachement 6Receipt#: 56154 TER 0 0 10 $86-00 Return to: FIRST AMERICAN TITLE-NICOLLET MALL 1900 MIDWEST PLAZA WEST 801 NICOLLET MALL MINNEAPOLIS MN 55402 1181883 1111 1111 1111 111 111 1111111111111111:111 11111111 Certified Filed and/or recorded on: 12/11/2007 4-32 PM 1181883 Certificate #" 64778 64779 Office of the Re of Titles Propert Records & Taxpa Services Washin Count MN -1 (1 1 - Ke\m. '01-11'(i,('OLlllt 1181883 Additional Certificate #:s TERMINATION 64780 TE I 1 - —1 --- r� CROSS EASEMENT DECLARATION (TENANTS AND INVITEES) r� THIS TERMINATION OF CROSS EASEMENT DECQ ARATION (TENANTS AND INVITEES) (this "Termination"), is made and g iven this — U �Yl da of - um-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 ("Tenants and Invitees") 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. 1091192 ("Cross Easement "); and F. The Propert is now the subject of certain redevelopment activities b VSSA which will, inter alici, result in the construction of new improvements on portions of the Propert ( the "Redevelopment" and O. As a result of the Redevelopment, the Cross Easement is no lon re b the Propert in connection with the purposes for which it was g ranted, and VSSA therefore desires that the Cross Easement be terminated and extin 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. RETURN TO: First American Title Insurance compan 3VV4'4--.MPLS (J`v) NCS-- 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 �kny) VSSA BOUTWELLS. LANDING, LLC, a Minnesota limited liabilit compan B Printed Name: tA Title: ( )<' -0V1 The fore was aelmowled before me this da of C-CUMb�?,r 2007 b MQT- \� -?,f the V V1U(q M(,v t of VSSA. Boutwells Landin LLC, a Minnesota limited liabilit compan on behalf o t e limited liabilit compan 11,111111�lllllllllllllllV LINDA M. CROSS Notar Public-Minnesota My COmmlss Tres Jan 31, 2009 IVVVVV%OVV%NV%N wwwvvw��l U oj�ww Notar Public DRAFTED BY: Michelle R. Jester, Es Messerli & Kramer P.A. 1800 Fifth Street Towers 15 0 S otith Fifth Street Minneapolis, Minnesota 55402 Phone: (612 672-3718 EXHIBIT A Leg Descri Tracts A, B and C, Registered Land Survey No. Was � y � Et on bounty, Minnesota CONSENT TO TERMINATION OF CROSS EASEMENT DECLARATION (TENANTS AND INVITEES) 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 Home 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. 11 62817. 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. 1152811, 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 HOUSING 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. 1096480, 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. 11 62812, 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. 1091 194, as amended by Assignment, Assumption and Release Agreement dated December 29, 2000, recorded January 11, 2001, as Document No. 1 096221, 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. 1162813, 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. 1162815, for themselves, their successors and assigns, hereby consents to that certain Termination of Cross Basement Agreement ( "Tenants and Invitees) attached hereto. [SIGNATURE PAGES TO FOLLOW] Dated; 2007 STATE OF C OUNTY O F FEDERAL HOME LOAN MORTGAGE CORPORATION, a .shareholder - owned, government - sponsored enterprise organized and existing under the laws of the United States lr i B y ' * /t: ✓ ' fir. ✓' !` ,Jv � J :w Name• flogs T f o� � a Products for Its : p t The foregoing instrument was acknowledged before me this day of g 2007, by :� p « �a� w ti ,the � �: �,�,: f . P . 116)L� Wo of the federal �ome Doan _ Mortgage Corporation, a shareholder - owned, government- sponsored enterprise organized and existing under the lags of the United States, on behalf of the corporation. Notary Public A F� My Commission Expires: o °a� ��0 N f ¢Q � Les lie R., Callahan TARP PUBLIC ie f � g� 1'P . $a � R p .t- ftj . 90r 3 Dated: �tZC�,i11 h �,i' lQ , 2 007 STATE OF MINNESOTA ss. COUNTY OF kkfTQ1\, U.S. BANK NATIONAL ASSOCIATION, a national bankin association B Name: Title: Assistant Vic.p, President The fore in tirument was acknowled bef m.e this da oftwal&qrt, 2007 b hn , the of U.S. Bank National Association, a national bankin association, on behalf of the association. wy MOLLY K. BEANE Notar Public Minnesota l Commission Expires Jcvivar� 31, 201 140tar PAlic M Commission Expires: 700520.1