SPECIAL WARRANTY DEED
Exhibit
10.5
Prepared by and After
Recording Mail To:
Recording Mail To:
Xxxx X. Xxxxxxx, Esq.
Xxxxxx & Xxxxxxxxxx LLP
00 Xxxxx Xxxxxx Xxxxx,
Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
Xxxxxx & Xxxxxxxxxx LLP
00 Xxxxx Xxxxxx Xxxxx,
Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
This space reserved for Recorder’s use only
This Special Warranty Deed is made as of this day of December, 2009, by XXXX 6400
XXXXXX LLC, a Delaware limited liability company (“Grantor”), to TSLF XXXXXX, LLC, a Delaware
limited liability company, whose address is 000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000
(“Grantee”).
WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration in hand paid by Grantee, the receipt whereof is
hereby acknowledged by Grantor, by these presents does hereby REMISE, RELEASE, ALIEN AND CONVEY
unto Grantee, and to its successors and assigns, FOREVER, the property described on Exhibit A
attached hereto and made a part hereof, which property is situated in the County of Xxxx, State of
Illinois (the “Property”). The Property hereby conveyed is being conveyed subject to those title
exceptions and other matters set forth on Exhibit B attached hereto and made a part hereof.
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversions, remainder and remainders, rents, issues and profits
thereof, and all the estate, right, title, interest, claim or demand whatsoever of Grantor, either
in law or equity, of, in and to the Property with the hereditaments and appurtenances:
TO HAVE AND TO HOLD the said Property with the appurtenances, unto Grantee and its successors
and assigns forever.
And Grantor, for itself, and its successors, does covenant, promise and agree, to and with
Grantee, and its successors and assigns, that it has not done or suffered to be done, anything
whereby the said Property hereby granted is, or may be, in any manner encumbered or charged, except
as herein recited; and that it WILL WARRANT AND DEFEND said Property against all persons lawfully
claiming, or to claim the same, by, through or under Grantor, subject to the title exceptions and
other matters set forth on Exhibit B attached hereto.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed the day and year first
above written.
XXXX 6400 XXXXXX LLC, a Delaware limited liability |
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By: | ||||||
Name: | ||||||
Its: | ||||||
STATE OF ILLINOIS
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) SS. | ||
COUNTY OF
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I, , a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that
, as of XXXX 6400 XXXXXX LLC, a Delaware liability company,
personally known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged to me that he/she signed and delivered said
instrument as his/her free and voluntary act, and as the free and voluntary act and deed of said
limited liability company, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of , 2009.
Notary Public |
My commission expires: |
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Send subsequent tax bills to: |
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TSLF XXXXXX, LLC |
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000 Xxxxx Xxxxxx |
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Xxxxxx, Xxxxxxxxxxxxx 00000 |
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Attention: Xxxx Xxxxxx |
EXHIBIT A TO DEED
LEGAL DESCRIPTION
THAT PART OF XXX 0 XX XXXXXXX XXXXX XXXXXX DIVISION IN SECTION 3, TOWNSHIP 40 NORTH AND SECTION 34,
TOWNSHIP 41 NORTH, BOTH IN RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EASTERLY OF AND
ADJOINING THE EASTERLY LINE OF XXXXXX COURT ACCORDING TO THE DEED TO THE VILLAGE OF ROSEMONT,
ILLINOIS, DATED AUGUST 11, 1975 AND RECORDED AS DOCUMENT 23397310 AND LYING WEST OF AND ADJOINING A
LINE DRAWN SOUTH AT RIGHT ANGLES TO THE NORTH LINE OF SAID LOT 6, TO THE SOUTH LINE OF SAID XXX 0
XXXX X XXXXX XX XXXX XXXXX LINE OF LOT 6, WHICH IS 487.69 FEET WEST OF THE INTERSECTION OF SAID
NORTH LINE OF LOT 6 WITH THE CENTER LINE OF RIVER ROAD, XXXX COUNTY, ILLINOIS.
Tax Parcel No.:
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12-03-100-015-0000 | |
Property Address:
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0000 Xxxxxx Xxxxx, Xxxxxxxx, Xxxxxxxx |
EXHIBIT B TO DEED
PERMITTED EXCEPTIONS
Second Amendment to Deed of Trust, Security Agreement, Assignment of Rents and fixture filing and
Omnibus Amendment to Loan Documents recorded July 29, 2008 as document numbers 0821133008.
Second Amendment to Mortgage, Security Agreement, Assignment of Rents and fixture filing and
Omnibus Amendment to Loan Documents recorded July 29, 2008 as document numbers 0821133009.
Assignment of aforesaid mortgage to Tremont Net Funding II, LLC, recorded as document number
0800815085.
Assignment of Leases and Rents and Security Deposits dated June 15, 2007 and recorded June 20, 2007
as document number 0717126104, made by Xxxx 6400 Xxxxxx LLC, a Delaware limited liability company,
to Wachovia Bank, N.A.
Assignment of aforesaid assignment of leases and rents and security deposits to Tremont Net Funding
II, LLC, recorded as document number 0800815086.
Easement created by grant to the Commonwealth Edison Company, recorded August 7, 1979 as document
25087330.
Easement in favor of Commonwealth Edison Company and its/their respective successors and assigns in
the grant recorded/filed as Document no. 011029895.
Also, subject to (a) real estate taxes and general and special assessments not yet due and payable,
(b) any and all recorded easements, covenants, reservations, restrictions, encroachments and
encumbrances, (c) matters which would be shown by an accurate survey, (d) underground and overhead
cables, lines and utility services, (e) all existing zoning ordinances, regulations, laws, codes,
statutes and subdivision regulations, (f) other governmental laws, rules, codes, statutes and
regulations limiting or restricting the use to which the property may be put, and (g) those Loan
Documents defined in the Letter from Tremont Net Funding II, LLC to XXXX 6400 Xxxxxx LLC and XXXX
Xxxxxx Centre LLC dated December
_____, 2009.