Leaseholds If the Mortgage Loan is secured by a long-term residential lease, (1) the lessor under the lease holds a fee simple interest in the land; (2) the terms of such lease expressly permit the mortgaging of the leasehold estate, the assignment of the lease without the lessor's consent and the acquisition by the holder of the Mortgage of the rights of the lessee upon foreclosure or assignment in lieu of foreclosure or provide the holder of the Mortgage with substantially similar protections; (3) the terms of such lease do not (a) allow the termination thereof upon the lessee's default without the holder of the Mortgage being entitled to receive written notice of, and opportunity to cure, such default, (b) allow the termination of the lease in the event of damage or destruction as long as the Mortgage is in existence, (c) prohibit the holder of the Mortgage from being insured (or receiving proceeds of insurance) under the hazard insurance policy or policies relating to the Mortgaged Property or (d) permit any increase in rent other than pre-established increases set forth in the lease; (4) the original term of such lease is not less than 15 years; (5) the term of such lease does not terminate earlier than five years after the maturity date of the Mortgage Note; and (6) the Mortgaged Property is located in a jurisdiction in which the use of leasehold estates in transferring ownership in residential properties is a widely accepted practice;
Land The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);
Premises defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on floors, ice, or other surfaces, extreme weather conditions; travel to and from premises.
acres PARCEL B: (PART OF INSTRUMENT NO. 2005-39617) PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 19 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN IN XXXXXXXX COUNTY, INDIANA BEING DESCRIBED AS FOLLOWS: COMMENCING AT A MAG NAIL AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34; TOWNSHIP 19 NORTH, RANGE 3 EAST; THENCE ON THE EAST LINE OF SAID SOUTHWEST QUARTER SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST (ASSUMED BEARING) 207.38 FEET TO A MAG NAIL AT THE SOUTHEAST CORNER OF A 6.30 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NO. 2004- 00048213 AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ON THE EAST LINE OF SAID SOUTHWEST QUARTER SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 652.99 FEET TO A MAG NAIL AT THE NORTHEAST CORNER OF A 3.0 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NO. 1991-01973; THENCE NORTH 89 DEGREES 48 MINUTES 26 SECONDS WEST 435.60 FEET TO A 5/8 INCH STEEL REBAR WITH RED CAP AT THE NORTHWEST CORNER OF SAID 3.0 ACRE TRACT; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST, 300.00 FEET TO THE SOUTHWEST CORNER OF SAID 3.0 ACRE TRACT; THENCE SOUTH 89 DEGREES 48 MINUTES 26 SECONDS EAST, ALONG THE SOUTH LINE OF SAID 3.0 ACRE TRACT, 53.54 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 10.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 26 SECONDS EAST 15.00 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 159.61 FEET TO A CAPPED REBAR ON THE SOUTH LINE OF SAID QUARTER-QUARTER SECTION; THENCE SOUTH 89 DEGREES 19 MINUTES 04 SECONDS WEST, 955.87 FEET TO A CAPPED REBAR AT THE SOUTHWEST CORNER OF SAID QUARTER-QUARTER SECTION; THENCE NORTH 00 DEGREES 10 MINUTES 40 SECONDS EAST, ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION, 1118.84 FEET TO A 5/8 INCH STEEL REBAR WITH A YELLOW CAP "XXXXXX SURVEY S0083" AT THE SOUTHWEST CORNER OF A 6.30 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NO. 2004-00048213; THENCE ON THE SOUTH LINE OF SAID 6.30 ACRE TRACT NORTH 89 DEGREES 23 MINUTES 53 SECONDS EAST 1323.24 FEET TO THE POINT OF BEGINNING, CONTAINING 29.543 ACERS, MORE OR LESS. PARCEL C: (PART OF INSTRUMENT NO. 2008-14583) PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 19 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN IN XXXXXXXX COUNTY, INDIANA BEING DESCRIBED AS FOLLOWS: COMMENCING AT A MAG NAIL AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34; TOWNSHIP 19 NORTH, RANGE 3 EAST; THENCE ON THE EAST LINE OF SAID SOUTHWEST QUARTER SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST (ASSUMED BEARING) 860.37 FEET TO THE NORTHEAST CORNER OF A 3.0 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NO. 1991-01973; THENCE NORTH 89 DEGREES 48 MINUTES 26 SECONDS WEST, ALONG THE NORTH LINE OF SAID 3.0 ACRE TRACT, 367.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 62.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 26 SECONDS WEST 15.00 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 238.00 FEET TO THE SOUTH LINE OF SAID 3.0 ACRE TRACT; THENCE NORTH 89 DEGREES 48 MINUTES 26 SECONDS WEST 53.54 FEET TO THE SOUTHWEST CORNER OF SAID 3.0 ACRE TRACT; THENCE NORTH 00 DEGREES 11 MINUTES 34 SECONDS EAST 300.00 FEET TO THE NORTHWEST CORNER OF SAID 3.0 ACRE TRACT; THENCE SOUTH 89 DEGREES 48 MINUTES 26 SECONDS EAST 68.54 FEET TO THE POINT OF BEGINNING, CONTAINING 0.390 ACRES, MORE OR LESS. EXHBIT B Because of reproduction difficulties and its bulk nature, the plans are on file in the Clerk- Treasurer’s Office and the Westfield Public Works Department and are duly marked Exhibit B. (Developer to supply three (3) original copies of the project plans with changes required by the Water Master Plan Highlighted.) EXHIBIT C Project Name: Developer Name: Credit Due to Developer $95,275.00 Reimbursement Due to Developer
Owned and Leased Real Properties (a) Neither Public Company nor any of its Subsidiaries owns or has ever owned any real property.
Real Property (a) The Company does not own any real property.
