EXHIBIT 10.1
146 ITEM 1
Feb 18 1929
For assignment of this Lease For assignment of this Lease
to The State Savings & Trust Co. to Tower Realty Co.
See page 580 of this Book See Release Record 29, page 284
#9470 Xxxxx X. Xxxxxx to German American Trust Co. (Lease).
This Indenture made this 28/th/ day of April 1910 between Xxxxx X.
Xxxxxx and Xxxxxx X. Xxxxxx his wife of Xxxxxx County in the State of
Indiana hereinafter called the Lessors and the German American Trust
Company a corporation organized and acting under and pursuant to the
laws of the State of Indiana hereinafter called the Lessee,
Witnesseth:
FIRST: The said Lessors, in consideration of the rents hereinafter
reserved and of the covenants and agreements of the Lessee hereinafter expressed
to be kept, performed and fulfilled by the Lessee, have demised and leased and
do hereby demise and lease unto the said Lessee all the following real estate
situate and being in the City of Indianapolis in the County of Xxxxxx and State
of Indiana to-wit:
Commencing at a point on the North line of Lot Eleven (11) in Square
147
May 6 1929
For assignment of this Mortgage
to Tower Realty Co.
See Release Record 30 Page 153
Fifty Six (56) in the City of Indianapolis, twenty-eight (28) feet and ten (10)
inches East of the north west corner of said Lot, thence East along the North
line of said Lot Fifty Eight (58) feet and Nine (9) inches to the Northeast
corner of said Lot; thence South along the East line of said Lot, One hundred
five (105) feet; thence xxx Xxxx eighteen (18) feet to a point; thence
Northwestwardly forty five (45) feet to a point (on a straight line which, if
extended, would meet the West line of said lot on Circle Street at a point eight
(8) feet Northeastwardly from the Southwest corner of said lot), thence due
North eighty four (84) feet and two (2) inches to the place of beginning.
Also, beginning on the West line of Eleven (11) in Square Fifty Six (56) in
the City of Indianapolis at a point on Circle Street eight (8) feet North of the
South West corner of said Lot; thence North along Circle Street on the West line
of said lot, Sixty six (66) feet and two (2) inches to the Northwest corner of
said lot; thence East along the North line of said lot twenty eight (28) feet
and ten (10) inches; thence South parallel with the East line of said lot eighty
four (84) feet and two (2) inches to a point; thence Northwesterly to the place
of beginning and meaning hereby to include all the real estate owned by the
Lessors in said Lot Eleven (11) Square Fifty Six (56) in the City of
Indianapolis.
To have and to hold the above described real estate and premises, with the
rights, privileges, easements, and appurtenances thereunto attached and
belonging (subject however to
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all outstanding leases and contracts for water, light and heat relating thereto)
unto the said Xxxxxx, the German American Trust Company, its successors and
assigns, for and during the term of Ninety Nine (99) years, beginning on and
with the first day of May A.D. 1910 and ending on and with the 30th day of April
A.D. 2009, paying rent therefor and yielding possession thereof as hereinafter
provided.
SECOND: The said Lessee, in consideration of the leasing of the said real
estate and premises as aforesaid by the said Lessors to it, the said Lessee does
hereby covenant and agree to and with the Lessors, to pay to the Lessors rent
for said real estate and premises as follows: for each of the first ten (10)
years of said Ninety Nine (99) year term, the Lessee will pay as such rent for
the sum of Twelve Thousand ($12000) Dollars per year; for each of the succeeding
forty (40) years of said Ninety Nine (99) year term, the sum of Fifteen Thousand
($15000) Dollars per year and for each of the succeeding forty nine (49) years
of said Ninety nine (99) year term, the sum of Eighteen Thousand ($18000)
Dollars per year, all to be paid without any deduction or abatement whatever,
and without relief from valuation and appraisement laws and with attorney's
fees, and all to be paid in monthly installments in advance, [vis]: One Thousand
($1000) Dollars a month for the first ten (10) years of said term, Twelve
Hundred Fifty ($1250) Dollars a month during the succeeding forty (40) years of
said term, and Fifteen ($1500) Dollars a month for the remaining forty nine (49)
years of said term, all to be paid at the office of the Lessee in Indianapolis,
Indiana, or at such other place in said City of Indianapolis as the Lessors may
from time to time previously designate in writing to the Lessee, and it is
further agreed by the parties
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all rent reserved and agreed to be paid under this lease shall be paid in
standard gold coin of the United States of America, and by the word "Dollar"
wherever used in this lease, is meant a Dollar that shall contain at least
twenty five and eight tenths (25.8) grains of gold of the standards of weight
and fineness observed at the mints of the United States and fixed by the laws at
the time of the execution of this instrument.
It is expressly understood and agreed by the parties that no acceptance by
the Lessors of any currency, legal tender, checks, coin, money or value whatever
other than such standard gold coin in payment of any rent hereunder shall be
construed a waiver by the Lessors of their right to demand payment of any future
rent in such gold coin.
THIRD: As a further consideration for the leasing and demising aforesaid,
said Lessee further covenants, promises and agrees to bear, pay and discharge,
in addition to said rent reserved, all rates, taxes, charges for revenue and
otherwise assessments and levies, general and special, ordinary and
extraordinary of every name nature and kind whatsoever, including water rates,
which may be taxed, charged assessed, levied or imposed upon said demised
premises, or upon any and all buildings and improvements thereon, and all which
may be assessed, levied or imposed upon the leas-hold estate hereby created and
upon the reversionary estate in said premises, during the term hereby granted
and so long thereafter as said Xxxxxx, its successors and assigns, shall occupy
said demised premises, regular and in addition two thirds of the taxes levied
for the year 1910, the other one third of which shall be paid by the Lessors by
paying two thirds of the first installment of such taxes payable in the spring
of 1911. And the Lessee further covenants and agrees to deliver to said Lessors
duplicate receipts for all taxes and assessments to
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be paid by it hereunder, causing them to be made out in the name of the Lessors
or of their successors or assigns and to be mailed to the Lessors, their
successors or assigns before the day when the same would be in default.
FOURTH: The Lessee further covenants and agrees to and with the Lessors to
erect, finish and complete at the Lessee's own expense within fifteen years from
the date hereof upon the said demised premises a fireproof building covering
substantially the entire premises and to be constructed in a good and suitable
manner, which building shall be in value not less than the sum of Fifty Thousand
dollars (50,000) at the time of its construction and shall be so constructed as
to be adapted to business purposes and in accordance with the ordinances of the
City of Indianapolis.
All elevators and light shafts therein shall be protected against fire in a
good and substantial manner. And the Lessee further agrees to save the Lessors
harmless on account of any injury to owners of adjoining property by reason of
the erection of any improvements upon the said demised premises, and to
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complete said building free of all mechanic's liens or claims which might ripen
into Mechanics Liens against said property.
Before entering upon the removal of the existing structures upon said
premises preparatory to erecting such new building, the Lessee shall give
security satisfactory to the Lessors in the sum of Twenty Five Thousand Dollars
($25000) to insure the completion of said building free of all liens as herein
provided, and upon the completion of such building in accordance with the terms
and conditions hereof, such security shall be surrendered and cancelled.
Nothing in this lease contained however shall authorize the Lessee to do
any act or make any contract so as to encumber in any manner the title of the
Lessors in said land, or the Lessors interest in any buildings or improvements
thereon or to be erected thereon.
FIFTH: It is agreed between the parties that if the Lessee should at any
time during said Ninety Nine year term suffer said leased premises or any
building or improvement thereon to become subject to a mechanic's Lien and
should suffer either to be exposed for sale in satisfaction thereof the Lessors
shall have the right, at their option, to pay off and discharge such lien and
thereby prevent such sale and the amount so paid including any expenses paid or
incurred by the Lessors, shall be at the option of the Lessors, be so much
additional rental due to the Lessors from the Lessee and the same with interest
from the date of such payment by the Lessors at the rate of six (6) per cent per
annum shall be paid by the Lessee to the lessors at the then next rent paying
day; or in case said real estate or any building or improvement thereon shall be
sold in satisfaction of any mechanic's Lien and shall not be redeemed from such
sale by the Lessee as early as thirty (30) days before the right of redemption
shall expire, the Lessors
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may at their option terminate this lease by giving the Lessee ten (10) days
written notice of their purpose so to do stating in the notice that the lease
will be terminated for that cause and if upon such notice being given the Lessee
shall not redeem said real estate or building or improvement from such sale or
fully discharge such lien, then upon the expiration of said ten (10) days, this
lease and all of the Lessee's rights as tenant hereunder shall be an end and the
title to all buildings and improvements on the leased premises shall forthwith
vest in the Lessors without any compensation being paid or rendered therefor,
and the Lessors may enter upon and take possession of the demised premises and
of all the buildings and improvements thereon.
Provided, however, that if the Lessee shall desire to contest the legality
of any such Xxxxxxxx's Lien and shall give notice in writing of its intention so
to do together with a bond with security to the approval of said Lessors against
loss on account of such lien, the Lessors shall not exercise the privilege
herein granted to pay off such lien.
It is further agreed and notice in hereby given that no Mechanic's or other
lien shall in any way, manner or degree, affect the claim of the Lessors on any
building or improvement that shall at any time while the lease is in force be
upon the leased premises, nor shall any such lien attack to the Lessors rights
in said premises.
SIXTH: The Lessee agrees that it will of its own expense and as long as
this lease
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still be in force, keep any buildings and improvements that shall at any time be
upon the demised premises insured against fire, storm or other casualty, to good
and responsible companies such as will meet the approval of the Lessors to an
amount not less than Sixty percent of the insurable value of all improvements on
such property, and that it will cause the policies therefor at all times to be
assigned to and in event of loss to be made payable to the Lessors, as their
interest may appear and permit the Lessors to hold such policies as additional
security for the rentals herein reserved and for the repair or rebuilding as
herein provided for. In case there shall be a destruction of or injury to said
building by fire or other cause for which insurance money shall be payable and
shall have been paid to the Lessors on any policy the said Lessors shall pay the
same to the Lessee upon Architect's certificate as the building or improvements
are rebuilt or restored as may be necessary to effect such rebuilding or
restoration as herein provided.
If the whole amount of such insurance money so received by the Lessors
shall by a certificate of estimate made by the architect not be sufficient to
effect such rebuilding or restoration then the Lessors shall from said fund and
the Lessee from funds otherwise supplied by it, equally supply the money to meet
the Architect's estimates until the unpaid part of the cost as estimated by the
Architect shall not be greater than the balance of such insurance money in the
hands of the Lessors, and from that time on the Lessors shall supply all the
money from said insurance fund. The Lessors shall not be liable for interest on
said fund, except after breach on their part to make payments therefrom, as
above specified and any such fund shall be a trust fund in the hands of the
Lessors, to be used for such rebuilding or restoration, and as an additional
security as aforesaid for the rental herein reserved.
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The Lessors shall not be responsible for the collection from the
insurer of any such insurance money, and the Lessors shall when the buildings
and improvements shall or have been rebuilt or restored, agreeably to the
provisions of this lease, forthwith pay to the Lessee any balance of such
insurance money so received by the Lessors.
The Lessee agrees that in case of any injury to or the destruction of
said buildings or improvements by fire or other casualty, and from time to time
as may happen, the Lessee will rebuild and repair the same upon the same general
plan and dimensions as before such injury or destruction, or on such other plan
as the Lessors and Lessee may mutually approve in writing; and that it will
effect and complete such repair and rebuilding and have the building or
improvements so injured or destroyed ready for occupancy within twelve months
from the date of the fire or casualty; that it will effect such restoration and
rebuilding at its own expense and supply the money therefor to the extent such
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insurance money collected by the Lessors if any shall be insufficient for that
purpose.
If however such injury or destruction shall occur within a period of
twelve months next before April 30/th/ 2009, and the Lessee shall not have
exercised the right to extension for additional term as hereafter provided, then
the obligation to rebuild or restore shall be at an end and the Lessors shall be
entitled to immediately appropriate as their own in the place of such
improvements so destroyed or injured, all insurance moneys collected on account
of such injury or destruction.
A failure of the Lessee to rebuild or restore as herein provided shall
be a ground of forfeiture at Lessors option of this lease for the then remainder
of its term and upon such forfeiture declared to re-enter the premises and as
liquidated damages to retain as the Lessors own property any insurance money
then in the Lessors hands.
If the Lessee shall fail to keep its covenants respecting the taking
and keeping up of insurance, the Lessors may at their option effect and pay for
and keep up such insurance and the cost thereof with interest at the rate of six
(6) per cent per annum shall be additional rental and on demand be paid as such
by the Lessors to the Lessee at the then next rent paying day.
SEVENTH: It is further agreed that at all times while this lease shall
be in force the demised premises shall be used exclusively for proper and
legitimate purposes; that the Lessee will not use or suffer the demised premises
or any portion thereof to be used for any purpose calculated to injure the
reputation thereof or of the neighboring property, nor for any purpose in
violation of any law of the United States or of the State of Indiana or of any
Ordinance of the
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City of Indianapolis, or for any immoral or unlawful purpose, or for any trade,
business occupation or vocation which may be disreputable or immoral.
The Lessee further agrees that it will at its own cost keep all
buildings and improvements that may at any time while this lease is in force be
on the demised premises and all appurtenances thereto, including sidewalks,
steps and excavations in or under the sidewalks, in a good and safe condition
and any alley adjoining said premises in clean and safe condition, and will
conform to all ordinances and laws affecting said premises and the sidewalks,
streets and alleys about the same, and that it will keep and save the Lessors
forever harmless from any penalty, damages or charges imposed for the violation
of any such law or ordinance, whether occasioned by the neglect of the Lessee or
of any other tenant or subtenant of said premises; and the Lessee will indemnify
and save harmless the Lessors against and from all loss, costs, damages and
expense arising out of any accident or other occurrence causing injury to any
person or property arising upon the leased premises or the streets, alleys or
sidewalks adjacent thereto, and the Lessee will indemnify and save harmless the
Lessors from any claim for damages or penalty arising from the sale or giving
away on or about the leased premises of any intoxicating liquors and free from
any loss, costs, damages or expense arising out of the failure of the Lessee to
comply with any requirements of this lease binding the Lessee.
EIGHTH: The Lessee agrees as a condition of this lease that it will
not assign
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the same for the whole or any part of said term, except by way of mortgage,
before the contemplated building shall have been completed and fully paid for as
aforesaid; but the Lessee may when such building shall have been so completed
and shall have been fully paid for and be free from Mechanic's Liens and from
claims that might ripen into such liens and from similar charges on the
premises, sell or assign this lease and the Lessee's interest in the leased
premises and in the buildings and improvements thereon provided that at the time
of such sale or assignment all rent, taxes, assessments, insurance and other
charges of every kind, payable hereunder by the Lessee, and payable before the
date of such assignment, shall have been paid, and provided that all covenants
and agreements herein contained to be kept and performed by the Lessee shall at
that date have been fully kept and performed, and provided further that the sale
or assignment shall be evidenced in writing and be duly executed and
acknowledged under seal by both the assignors and assignee and shall be duly
record in the Recorder's Office of Xxxxxx County, Indiana, and provided further
that the assignee or purchaser shall therein in terms expressly accept, assume
and agree to perform all of the Lessee's promises, covenants and agreements in
this lease contained thereafter to be performed.
And the Lessee covenants and agrees as a condition of this lease that
it will not make any sale or assignment of its rights thereunder except in
manner and form as aforesaid. It is agreed by the parties and notice is hereby
given, that any such sale or assignment which shall not be in strict conformity
with the foregoing provisions shall be absolutely void.
Any such assignee or purchaser, immediate or remote, of the Lessee may
assign or sell this lease and all his interest thereunder by complying with the
above provisions and not
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otherwise. The Lessee, so assigning or selling, or any assignees, immediate or
remote, of the Lessee, so assigning or selling, shall from the date of such sale
or assignment be released and discharged in respect of each and every agreement
of this lease to be performed by the Lessee, provided any assignment or sale
shall have been a bona fide transfer of the assignor's or seller's interest in
the demised premises and shall have been effected in all respects conformably to
the foregoing provisions.
No building or improvement erected upon the demised premises in
performance of the provisions of this lease shall be removed or torn down
without the consent in writing of the Lessors.
NINTH: It is further agreed that the Lessors shall not be liable
hereunder upon any express or implied covenant, for any damages whatsoever to
the Lessee beyond the rent reserved herein for breach of covenant and that in
event the Lessee shall be ousted from the possession of said premises by reason
of any defect in the title thereto of the Lessors, the Lessee shall not be
required to pay any rent for the time the possession is so lost and the Lessors
shall not be liable
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on account of such ouster beyond the loss of rent accruing during that time.
TENTH: It is agreed by the parties that any rent payable hereunder
shall bear interest at the rate of six (6) per cent per annum from the date of
its maturity to the date of its payment.
ELEVENTH: It is further agreed by the parties that the Lessors may, at
their option, pay any rates, taxes, assessments water rates or other charges
upon the demised premises and reversionary interest therein as to which the
Lessee shall under the terms hereof be in default, and may likewise pay, cancel
and clear off all tax sales, liens, charges and claims upon the demised premises
or reversionary interest, and redeem said premises from the same and the amount
paid for any such purpose, including reasonable expenses, shall be additional
rent and shall be paid as such, with interest at the rate of six (6) per cent
per annum by the Lessee to the Lessors on demand at the then next paying day,
and the lesser shall be so reimbursed and paid any such claim without respect to
the validity or invalidity of the rate, tax, assessment, or other charge or lien
so discharged by the Lessors.
TWELFTH: If the lessee shall at any time make default in the payment of
any rent herein reserved on or before the day it becomes payable and such
default shall continue for thirty days after notice thereof in writing by the
Lessors or their agent to the Lessee or in case of the Lessee's default in
relation to liens as hereinbefore provided and such default shall continue for
thirty days after such written notice, or if the Lessee shall fail to pay within
the time herein agreed, any rates, taxes, or assessments herein provided to be
paid by the Lessee, or in case of the sale or forfeiture of the demised premises
or any part thereof during the demised term for the non-payment of any tax, rate
or assessment, or in case the Lessee shall fail to keep insured any
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building or improvement which may be at any time upon the premises or fail to
expend the insurance money or fail to rebuild or shall fail in any of the
Lessee's covenants herein undertaken, all as herein provided for, then and in
any or either of such events it shall be lawful for the Lessors at the Lessors
election, after thirty (30) days previous notice in writing, to the Lessee, to
declare the demised term ended and to re-enter into the demised premises and the
buildings and improvements then thereon, or any part thereof, with or without
process of law, the Lessee hereby waiving any demand of possession thereof.
And the Lessee covenants and agrees that upon the termination of said
demised term brought about by such election of the Lessors or in any other way
herein provided, the Lessee will surrender and deliver up the demised premises
and property peaceably to the Lessors, their agents or attorneys immediately the
term shall end, and if the Lessee or any one claiming under or through it shall
hold the demised premises or any part thereof one day after the same should have
been surrendered according to the terms of this lease, it [shall,] they shall be
deemed guilty of forcible detainer and shall be subject to eviction and removal
forcibly or otherwise, with or without process of law.
THIRTEENTH: It is agreed between the parties that at the expiration of
this lease or if this lease shall be determined before the end of said Ninety
Nine (99) year for breach of
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covenant or for condition broken, all buildings fixtures and improvements then
situate upon the demised premises shall be and become the property of the
Lessors and the compensation therefor shall be allowed or paid to the Lessee.
FOURTEENTH: It is agreed by the parties that the various rights,
powers, options, elections, appointments, and remedies of the Lessors contained
in this Lease shall be cumulative, that no one of them shall be exclusive of the
other or exclusive of any rights or priorities allowed the Lessors by law.
FIFTEENTH: It is further agreed by the parties that the right herein
given to the Lessors to collect the rent to fall due hereunder by any
proceedings herein provided for, and the right to collect any sum or sums as
additional rent by any proceedings herein provided or the right herein given the
Lessors to enforce any of the terms and provisions of this lease, shall in no
way effect the Lessors right to declare the lease void and its terms ended, as
herein provided, when default shall be made in the payment of said rent or as
respects any of the terms and provisions of this lease.
SIXTEENTH: If the Lessors shall without any fault on their part be made
parties defendant to any litigation by or against the Lessee in respect of said
demised premises, the lessee shall pay all costs and Attorney's fees incurred by
or against the Lessors in enforcing the Lessee's covenants and agreements in
this lease undertaken, and that any such costs or attorney's fees, so to be paid
by the Lessee, if paid by the Lessors, and the rent reserved in this lease and
all taxes assessments and other moneys and charges provided in this lease to be
paid to the Lessors by the Lessee, shall be and are hereby declared to be a
first lien upon all buildings and
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improvements that shall at any time while this lease is in force be placed upon
the demised premises by the Lessee and shall be a like lien upon the leasehold
estate hereby created and upon the rents of all buildings and improvements at
any time on the leased premises while this lease shall be in force.
SEVENTEENTH: It is agreed as a condition of this lease that whenever in
the opinion of the Lessors or under the conditions hereof it shall be deemed
necessary for the interest of the Lessors to serve a notice or demand on the
Lessee concerning this lease or concerning any of the conditions or provisions
hereof, a sufficient service thereof may be had by leaving a copy of the notice
or demand at the office of the Lessee in Indianapolis, Indiana; or in event the
Lessee does not maintain any office in the city of Indianapolis at the time when
such notice is given, then by publicly posting such notice on the demised
premises and mailing a copy thereof by registered mail to the last address of
the Lessee known to the Lessors.
EIGHTEENTH: It is agreed by the parties that no waiver of a breach of
any of the covenants of this lease shall be construed a waiver of any then
future breach of the same covenant.
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NINETEENTH: The Lessors hereby agree that for any insurance money that
shall come into their hands agreeably to the terms of this lease, the Lessee
shall have a lien, as of the date of this lease upon the Lessors right, title
and estate in fee simple of the demised premises and upon its interest in the
buildings thereon hereunder until such insurance money shall have been paid out
by the Lessors agreeably to the term of this lease. Or if the Lessee should deem
such security or the financial responsibility of the Lessors or of their
successors or assign hereunder entitled to so receive and handle such insurance
money inadequate, then the Xxxxxx Circuit or Superior Court may upon ten (10)
days notice to the Lessors on the petition of the Lessee appoint a Receiver or
Trustee of said funds who shall deal with it as the Lessors would hereunder had
they received the same.
TWENTIETH: It is agreed by the parties that the covenants, agreements,
conditions and requirements of this lease shall bind and enure to the benefit of
the parties themselves and of their respective successors and assigns and
wherever the parties themselves are referred to therein, their respective
successors and assigns shall be embraced by such reference and all of the
covenants of this lease shall be construed as covenants running with the land.
TWENTY FIRST: The said Lessee, its successors and assigns, is hereby
given the option of renewing said lease for an additional period of Ninety Nine
(99) years, provided it gives notice in writing to the Lessors or their assigns
of its intention to renew the same not less than ten (10) years prior to the
expiration of the original ninety nine (99) year term; and in event it shall
exercise such right of renewal, the rental to be paid during such additional
term shall be fixed by three appraisers, one to be chosen by the Lessors and one
by the Lessee and a third by
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the two thus chosen and the decision of a majority thereof in writing shall be
binding upon both parties; such rental shall be fixed at a sum equal to four
percent of the appraised value of the real estate covered by this lease and the
improvements located thereon at the expiration of the original Ninety Nine (99)
year term; such appraisement to be made within the ninety days next prior to the
expiration of the original lease; but in no event shall the rental thus fixed be
less than the sum of Eighteen Thousand Dollars ($18,000.00) per year, and the
rental thus fixed shall be paid at the same place and in monthly installments in
advance as is provided for the rentals under the original lease; and in addition
to such rental the Lessee shall pay all taxes and other assessments provided to
be paid during the term of the original ninety nine (99) year lease.
In Witness Whereof, the said Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx his
wife have hereunto set their hands and seals and the said Xxxxxx, the German
American Trust Company in pursuance of appropriate action authorizing the same,
has caused this instrument to be executed in its name and on its behalf by
Xxxxxx X. Xxxxxxx its President and the due execution thereof attested by
Xxxxxxx X. Xxxxxxx its Secretary and by its corporate seal hereto affixed the
day and year first above written.
Xxxxx X. Xxxxxx.
Xxxxxx X. Xxxxxx.
German American Trust Company (CORP (LS) SEAL).
By Xxxxxx X. Xxxxxxx, President.
Attest:
Xxxxxxx X. Xxxxxxx, Secretary.
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State of Indiana
County of Xxxxxx SS:
Before me the undersigned a Notary Public in and for said County and
State this 28/th/ day of April 1910 personally appeared Xxxxx X. Xxxxxx and
Xxxxxx X. Xxxxxx his wife and acknowledged the execution of the foregoing
Instrument, and also appeared Xxxxxx X. Xxxxxxx, President of the German
American Trust Company and for and on behalf of said Company acknowledged the
execution of the foregoing Instrument.
Witness my hand and Notarial Seal.
Xxxxx X. Xxxxxxxxx (LS)
Notary Public
My Commission expires May 27, 1911.
Recorded May 21/st/ 1910 at 11:00 O'Clock a.m.
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2 ITEM 2
May 6, 1929
For Assignment of this Mortgage to Tower Realty Co.
See Release Record 30 Page 153
[TT Co. #19718]
[25187] Xxxxx X. Xxxxxx (etux) to The State Savings and Trust Co. [Lease]
This Indenture Made and Entered Into this 31st day of January, 1914
between Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx, his wife, hereinafter called the
Lessors and the State Savings and Trust Company, hereinafter called the Lessee,
is in witness:
1. That the Lessee is desirous of taking an assignment of the ninety
nine year lease held by the German American Trust Company on the ground of the
Lessors in the City of Indianapolis, Xxxxxx County, Indiana, at the southeast
corner of Market Street and Circle Street, on Monument Place, which ground is
now occupied by the De Xxxx building and by the Franklin Building and which
ground is more particularly described as follows:
Commencing at a point on the North line of Lot Eleven (11) of square
Fifty-six (56) in the City of Indianapolis, Twenty-eight (28) feet and ten (10)
inches east of the northwest corner of said lot, thence East to the East line of
said Lot Fifty Eight (58) feet nine (9) inches to the northeast corner of said
Lot; thence south along the east line of said lot One Hundred and Five (105)
ft., thence xxx Xxxx eighteen (18) feet to a point; thence northwestwardly
Forty-five (45) feet to a point (on a straight line which if extended, would
meet a west line of said lot on Circle Street at a point Eight (8) feet
northeastwardly from the Southwest corner of said lot thence due North
Eighty-four (84) feet Two (2) inches to the place of beginning.
Also beginning on the West line of Lot Eleven (11) in square Fifty six (56)
in the City of Indianapolis, at a point on Circle Street and Eight (8) feet
North of the Southwest corner of said Lot, thence North along Circle Street on
the west line of said lot, Sixty-six (66) feet Two (2) inches to the Northwest
corner of said Lot, thence East along the North line of said Lot Twenty-eight
(28) feet, and ten (10) inches; thence south parallel with the East line of said
Lot Eighty-four (84) feet and Two (2) inches to a point; thence Northwesterly to
the place of beginning and meaning hereby to include all the real estate owned
by the Lessors in said Lot Eleven (11) Square Fifty-six (56) in the City of
Indianapolis.
2. That before the Lessee will take an assignment of said lease, it desires
to secure the consent of the Lessors to such assignment also to certain
alterations in the present buildings, hereinafter set out.
3. That the Lessors hereby consent and agree that the lessee may make such
alterations in the De Xxxx Building as it sees fit to make to adapt it to
banking purposes, not distracting from the strength or value of the building,
and may put a new front thereon and put a vault or vaults and bank fixtures
therein and upon any termination of said lease, or upon any sub-lease or
transfer of the same made in accordance with the terms of said 99 year Lease but
not otherwise, may, if it chooses so to do, remove such vault or vaults and bank
fixtures, restoring the building to [such] as may be is the
22
3
same and at least as good a condition, as that in which it may be before the
installation of such vault or vaults and fixtures, and the Lessee may take the
stairway out of the De Xxxx Building and alter and reconstruct the stairway in
the Franklin Building so as to make it a joint stairway between the two
buildings giving access to the upper floors of both buildings and may put in an
elevator and elevator entrance giving access to all the floors and basements of
said buildings.
4. That the Lessors hereby consent to the assignment and transfer of said
ninety-nine year lease to the Lessee, and to such building alterations, the same
to be effective immediately upon the execution of such transfer. The consent
herein given for such assignment and transfer and alterations is given in
consideration of the payment to the Lessor, Xxxxx X. Xxxxxx of the sum of Five
Thousand Five Hundred Dollars ($5,500.00), and the Lessor, Xxxxx X. Xxxxxx
hereby agrees to invest the entire amount of said consideration in the stock of
the Lessee, paying therefore the present sale price of $110.00 per share, the
subscription for said stock being made contemporaneous with, and as a part of,
this agreement.
5. That the Lessee, in accepting the assignment of said ninety-nine (99)
year lease, agrees that said lease shall be interpreted as placing upon the
Lessee under said lease the obligation of paying all income taxes assessed or
levied against the Lessors by the United States Government, on account of the
rentals derived from the property covered by said lease, and also any new tax by
whatever name called that may be assessed or levied by any lawful authority
whatever on account of said property or the income derived therefrom.
6. That the Lessee agrees as an additional consideration for the consent of
the Lessors to said assignment to save the Lessors harmless from the payment of
interest from September 3/rd/,
23
1913, to September 3/rd/, 1914, in excess of five and one-half per cent on the
mortgage now standing against the property described in said ninety-nine (99)
year lease and will cause said mortgage to be carried without foreclosure or any
expense in anticipation of foreclosure or collection proceedings until said last
named date.
7. This agreement shall go into effect whenever the Lessee shall secure an
assignment of said ninety-nine (99) year lease from the German American Trust
company, and shall have no effect whatever until such assignment is secured.
In Witness Whereof, the Lessors hereunto affix their hands and seals, and
the Lessee by its officers sign this agreement, attesting the same by its
corporate seal.
Xxxxx X. Xxxxxx
Xxxxxx X. Xxxxxx
The State Savings & Trust Co. (CORP SEAL)
By Xxxx Xxxxxx
President.
Attest:
X.X. Xxxxxxx,
Secretary.
24
4
State of Indiana )
) ss:
Xxxxxx County )
Before me the undersigned a Notary Public, in and for said county and state
personally appeared Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx, his wife, and
acknowledged the execution of the foregoing instrument this 31/st/ day of
January, 1914.
Witness my hand and Notarial Seal, the day and date last above written.
Xxxxxxx X. Xxxx (LS)
Notary Public.
My Commission expires, January 6, 1915.
State of Indiana )
) ss:
Xxxxxx County )
Before me, the undersigned, a Notary Public, in and for said county and
state, this day personally appeared Xxxx Xxxxxx as President of The State
Savings & Trust Company and Xxxx X. Xxxxxxx as Secretary of said company and as
such president and as such Secretary and for and on behalf of said company
acknowledged the execution of the foregoing instrument.
Witness my hand and Notarial Seal, this 31/st/ day of January, 1914.
Xxxxxxx X. Xxxxx (LS)
Notary Public.
My Commission expires, Sept. 3, 1914.
Recorded June 28, 1926 at 9:20 O'clock A.M.
25
580 ITEM 3
May 6, 1929
For Assignment of this Mortgage to
Tower Realty Co.
See Release Record 30, Page 153]
#3477 Assignment for 99 Year Lease on Page 146, This Book, to The State
Savings & Trust Co.
This agreement made and entered into the 13/th/ day of February, 1914, by and
between German American Trust Company, a corporation duly organized and acting
under the laws of the State of Indiana, party of the first part, and The State
Savings and Trust Company, a corporation duly incorporated under the laws of the
State of Indiana, party of the second party, witnesseth:
For and in consideration of the sum of One ($1.00) Dollar and other
valuable considerations, the receipt whereof is hereby acknowledged, the first
party does hereby assign and transfer unto the second party, all its right,
title and interest in and to a certain leasehold estate held and possession by
the first party under the certain contract of lease entered into on the 28/th/
day of April 1910, by and between Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx, lessors,
and the first party hereto, lessee, which lease is recorded in miscellaneous
record 63 pages 146, et seq. in the records kept in the office of the Recorder
of Xxxxxx County, Indiana.
And the said first party does hereby covenant and warrant that it is
possessed of a good title to said leasehold estate; that it has not conveyed or
encumbered the same and that it has fully complied with all the terms and
conditions of said lease required to be kept and performed by the lessee up to
and including the date hereof, and that there is no lien or claim against the
real estate covered by said lease which the lessee is obligated to discharge
other than taxes not delinquent and there are no tenants in possession on the
first floor of the De Xxxx building thereon with right
to hold beyond the first day of March 1914, except the one occupying the east
room thereof, and his tenancy expires May 1/st/ 1915.
The second party hereto in consideration of such assignment and transfer
does hereby accept, assume and agree to perform all of the promises, covenants
and agreements in said lease contained hereafter to be performed by the lessee
under the terms of said lease, including the taxes payable in the year 1914.
Rentals and Insurance premiums shall be pro rated to the date hereof.
It is expressly understood and agreed that this assignment is subject to
the party of the second part securing the written consent of said Xxxxx X.
Xxxxxx and Xxxxxx X. Xxxxxx, his wife, lessors, hereto, and shall be wholly
inoperative, null and void unless such consent is procured.
In Witness Whereof the parties hereto have caused this agreement to be
executed by their respective Presidents and the due execution hereof to be
attested by their respective Secretaries, and their corporate seals hereto
affixed this 13/th/ day of February 1914.
German American Trust Company (Corp (LS) Seal)
By X.X. Xxxxxxx, President.
Attest:
Xxxxxxx X. Xxxxxxx, Secretary.
The State Savings and Trust Company (Corp (LS)
Seal)
By Xxxx Xxxxxx, President.
Attest:
X.X. Xxxxxxx, Secretary.
State of Indiana, Xxxxxx County; ss:
Before me, the undersigned, a notary public in and for said County and
State, this 13/th/ day of February 1914, personally appeared Xxxxxx X. Xxxxxxx,
President of the German
27
American Trust Company, and Xxxx Xxxxxx, president of the State Savings and
Trust Company, each of whom on behalf of the Company of which he is President,
acknowledged the execution of the foregoing instrument as his voluntary act and
deed.
Witness my hand and notarial seal.
Xxxxxxx X. Xxxxxx (LS)
My commission expires May 12, 1914. Notary Public
Recorded Feb 14 1914, at 9 3/4 O'Clock AM.
28
4 ITEM 4
May 6, 1929
For Assignment of this mortgage
to Tower Realty Co.
See Release record 30 page 153
25128 Xxxxx X. Xxxxxx (etux) to State Savings & Trust Co. (Lease)
This Agreement, made and entered into this 16/th/ day of November,
1921, by and between Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx, his wife, hereinafter
called the "Lessors" and The State Savings & Trust Company, and Indiana
corporation, hereinafter called the "Lessee," Witnesseth:
Whereas, the Lessors, under date of April 28/th/, 1910, entered into a
certain ninety-nine year lease covering a part of Lot No. Eleven (11), in Square
Fifty-Six (56), in the City of Indianapolis, to the German American Trust
Company, and which lease is duly recorded in Miscellaneous Record 63, page 146,
n the office of the Recorder of Xxxxxx County, Indiana; and
Whereas, under date of January 31/st/, 1914, a supplemental instrument
was entered into by an between said Lessors, and The State Savings & Trust
Company, hereinabove referred to, by the terms of which agreement and on the
5
considerations therein expressed, said Lessors consented to the assignment of
said ninety-nine year lease to said The State Savings & Trust Company, which
supplemental agreement is recorded in Miscellaneous Record 63, page 580, in the
office, of the Recorder of Xxxxxx County, Indiana; and
Whereas, by the terms of said original ninety-nine year lease, it is
provided that the Lessee thereunder shall within fifteen (15) years from the
date thereof, that is, from April 28/th/ 1910, erect a new building upon the
demised premises, all as is more particularly set forth in Article IV of said
original lease; and
Whereas, said Lessee now desires to secure an extension of ten (10)
years of the time within which such new building shall be erected, and the
Lessors are wiling to grant such extension of time on certain terms and
conditions;
Now Therefore, it is hereby agree by and between the parties hereto as
follows:
1. The said The State Savings & Trust Company, Lessee, hereby agrees to
pay unto the Lessors, in addition to all other payments provided to be made by
it under the terms of said original lease hereinabove referred to, or of said
supplemental agreement hereinabove referred to, the sum of Eight-Five Dollars
($85.00) per month during the period of ten (10) years covered by said
ninety-nine year lease, beginning with the cash rental due May 1/st/, 1924, and
ending with the payment due the 1/st/ day of April, 1934, and such payments
shall be made wholly irrespective of whether or not the said Lessee shall erect
such new building before the expiration of the ten (10) year extension herein
provided for.
30
2. In consideration whereof, the Lessors hereby consent and agree that
the time within which the new building provided by Article IV of said original
lease to be erected by the Lessee, shall be erected, is hereby extended from the
28/th/ day of April, 1925, to the 28/th/ day of April, 1935.
3. It is distinctly understood and agreed that except as herein
provided, all the terms and conditions of said original lease and of said
supplemental agreement hereinabove referred to, including the payment by the
Lessee of all income taxes assessed or levied against the Lessors by the United
States Government on account of the rentals derived from the property covered by
said lease, and also any new tax by whatever name called, that may be assessed
or levied by any lawful authority whatsoever on account of said property, or the
income derived therefrom, shall remain in full force and effect, and the same
shall be deemed to apply to the additional rental herein provided for, a well as
to that provided by the original lease.
In Witness Whereof, said Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx, his
wife, have hereunto set their hands and seals, and The State Savings & Trust
Company has caused this instrument to be executed in its name and on its behalf
by Xxxx X. Xxxxxxx, its President, and the due execution thereof to be attested
by Xxx [Xxxx], its Secretary, and its corporate seal hereunto affixed, this
16/th/ day of November 1921.
Xxxxx X. Xxxxxx
Xxxxxx X. Xxxxxx
31
6
The State Savings & Trust Company
By, X.X. Xxxxxxx
President
Attest: Xxx [Xxxx],
Secretary
State of Indiana )
) ss:
County of Xxxxxx )
Before me, the undersigned, a Notary Public, in and for said County and
State, this 16/th/ day of November, 1921, personally appeared Xxxxx X. Xxxxxx
and Xxxxxx X. Xxxxxx, and acknowledged the execution of the foregoing
instrument.
Witness my hand and Notarial Seal.
Xxxxxxx Xxxxxxx (LS)
Notary Public.
My Commission expires, February 7, 1923.
State of Indiana )
) ss:
County of Xxxxxx )
Before me, the undersigned, a Notary Public, in and for said County and
State, this 16th day of November, 1921, personally appeared Xxxx X. Xxxxxxx and
Xxx [Xxxx], President and Secretary, respectively, of The State Savings & Trust
Company, and for and on behalf of said Company, acknowledged the execution of
the foregoing instrument.
Witness my hand and Notarial Seal.
Xxxxxxx Xxxxxxx (LS)
32
Notary Public.
My Commission expires, February 7, 1923.
Recorded June 28, 1926 at 9:20 O'clock A.M.
33
BOOK 29, PAGE 284 ITEM 5
May 6, 1929
For Assignment of this Mortgage
to Tower Realty Co.
See Release Record 30, page 153
THIS AGREEMENT, made and entered into this 14/th/ day of February 1929,
by and between Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx, his wife, of the City of
Indianapolis, Indiana, hereinafter called lessors, and The State Savings & rust
Company, a corporation, of Indianapolis, Indiana, hereinafter called lessee, and
Tower Realty Company, a corporation, of Indianapolis, Indiana, hereinafter
called assignee, WITNESSETH:
WHEREAS, the lessors under date of April 28, 1910, entered into a
certain 99-year lease demising the following described real estate in Xxxxxx
County, Indiana, to-wit:
Commencing at a point on the north line of Lot Eleven
(11) in Square fifty six (56) in the City of Indianapolis,
twenty eight (28) feet and ten (10) inches east of the
northwest corner of said lot; thence east along the north line
of said lot fifty-eight (58) feet and nine (9) inches to the
northeast corner of said lot; thence south along the east line
of said lot, one hundred five (105) feet; thence xxx xxxx
eighteen (18) feet to a point; thence northwestwardly forty
five (45) feet to a point (on a straight line which, if
extended, would meet the west line of said lot on Circle
Street at a point eight (8) feet northeastwardly from the
southwest corner of said lot) thence due north eighty-four
(84) feet and two (2) inches to the place of beginning.
Also, beginning on the west line of lot eleven (11)
in square fifty six (56) in the City of Indianapolis, at a
point on Circle Street eight (8) feet north of the southwest
corner of said lot; thence north along Circle Street on the
West line of said lot, sixty six (66) feet and two (2) inches
to the northwest corner of said lot; thence east along the
north line of said lot, twenty eight (28) feet and ten (10)
inches; thence south parallel with the east line of said lot,
eighty four (84) feet and two (2) inches to a point; thence
northwesterly to the place of beginning, and meaning hereby to
include all the real estate owned by the lessors in said Lot
Eleven (11) Square fifty six (56) in the city of Indianapolis,
to the German American Trust Company, which said lease was duly recorded in
Miscellaneous Record 63, at page 146 in the office of the Recorder of Xxxxxx
County, Indiana, and
-1-
WHEREAS, under date of January 31, 1914, a supplemental agreement was
entered into by and between said xxxxxxx and said The State Savings & Trust
Company, by the terms of which agreement and on the considerations therein
expressed, said lessors consented to the assignment of said 99-year lease to
said The State Savings & Trust Company, which supplemental agreement is recorded
in Miscellaneous Record (172) at page 2, in the office of the Recorder of Xxxxxx
County, Indiana, and
WHEREAS, thereafter under date of February 13, 1914, pursuant to said
consent, said German American Trust Company assigned said 99-year lease to said
The State Savings & Trust Company, which said assignment is recorded in
Miscellaneous Record 63, at page 580, in the office of the Recorder of Xxxxxx
County, Indiana, and
WHEREAS, under date of November 18, 1921, a further supplemental
agreement was entered into between said xxxxxxx and said
35
BOOK 29 PAGE 285
The State Savings & Trust Company, whereby the said lessors granted an extension
of ten years in the time within which a new building should be erected by xxxxxx
upon said demised premises, and an additional rental of $85.00 per month for a
period of ten years was stipulated, and the income taxes and other charges to be
paid by xxxxxx were more specifically defined, and
WHEREAS, said xxxxxx now desires to assign said lease to said Tower
Realty Company and said Tower Realty Company desires certain modifications of
said original lease;
NOW, THEREFORE, in consideration of the mutual and reciprocal
obligations hereinafter undertaken, it is hereby agreed by and between the
parties hereto as follows:
1. The said xxxxxx does hereby grant, sell, transfer, set over and
assign unto said assignee, its successors and assigns, all the right, title and
interest of said xxxxxx in, to and under said 99-year lease and supplemental
agreements hereinabove referred to, and the leasehold estate therein defined.
-2-
2. Xxxx xxxxxxxx, its successors and assigns, xxxxxx agrees to pay to
lessors, their heirs, administrators, successors or assigns, as additional rent
in addition to all other payments heretofore provided to be made by lessee to
lessors under the terms of said original lease and said supplemental agreements
hereinabove referred to, the sum of $100.00 per month in advance during the
period of time beginning May 1, 1934, and ending April 30, 1960 and all
stipulations
36
with reference to payment of rent, taxes and other charges in said original
lease and supplemental agreements shall apply to the payment of rent herein and
hereby provided.
3. Said assignee, its successors and assigns, in consideration of the
assignment hereby made, xxxxxx further agrees to pay to said xxxxxx, its
successors and assigns the following [sums] of money, to-wit:
For the term beginning April 1, 1929, and ending April 30, 1934,
the sum of [$1980.00] per year, payable in equal monthly installments
in advance;
For the term beginning May 1, 1934 and ending April 30, 1939, the
sum of $1800.00 per year, payable in equal monthly installments in
advance;
For the term beginning May 1, 1939 and ending April 30, 1960, the
sum of $3800.00 per year, payable in equal monthly installments in
advance; and
For the term beginning May 1, [1960] and ending April 30,[_______]
equal monthly installments in advance;
Said payments shall be made in the medium described in said original lease and
no acceptance by xxxxxx, or its successor or assigns, of any form of payment
other than the standard gold coin provided for in said original lease shall be
construed as a waiver by said xxxxxx, its successors or assigns, of their rights
to demand payment of any future rents in such gold coin.
4. Said assignee for itself, its successors and assigns, hereby
specifically accepts and receives this assignment subject to the payment of
rental and all the obligations, covenants, conditions and requirements of said
original lease and supplemental agreements above referred to, and said assignee
for itself, its successors and assigns, hereby specifically assumes and agrees
to pay, fulfill, keep and perform, in the manner provided for in said lease and
supplemental agreements, all of the obligations, covenants, conditions and
requirements thereof to be paid, fulfilled, kept and performed by the lessee.
5. If assignee, its successors or assigns, shall at any time make
default in the performance of any of the covenants of said original lease or
said supplemental agreements, or
37
the covenants to lessors herein undertaken, then lessors, their heirs,
administrators, successors or assigns, shall have all the rights and remedies
set forth and provided in said original lease or said supplemental agreements.
-3-
38
BOOK 29 PAGE 286
6. If the assignee, its successors, or assigns, shall at any time make
default in any of the payments herein provided to be made by assignee to lessee
herein named, then lessee herein named, its successors or assigns, shall have
the right, after twenty-five days previous notice in writing to the assignee,
its successors and assigns, to declare this assignment terminated, and thereupon
said 99-year lease and the leasehold estate therein defined shall revert to and
be revested in said lessee, its successors or assigns, subject to all the
obligations, conditions, terms, covenants and requirements of said original
lease and said supplemental agreements and of this agreement, and said xxxxxx,
its successors or assigns, in such event, hereby agrees to pay, fulfill, keep
and perform in the manner provided for in said lease and supplemental agreements
and in this agreement all of the obligations, covenants, conditions and
requirements thereof to be paid, fulfilled, kept and performed by the lessee
under said xxxxxx and supplemental agreements and this agreement, specifically
including the obligation to pay additional rent herein, provided to be paid to
lessor by assignee, its successors and assignees.
The State Savings & Trust Company, for the purpose of preventing
termination of said lease, shall have the right to cure any defaults of assignee
to lessors in the manner and within the time fixed by said original lease, and
in that event shall have the same right of reentry above provided.
7. Any transfer or assignment, voluntary or involuntary, conditional or
unconditional, made by the assignee herein, or assignee or successor in
interest, of said lease or leasehold estate, shall be made upon the express
condition that such transferee or successor in interest shall perform all the
terms and conditions to be performed by assignee herein named
39
under the terms of this agreement and shall make all payments required to be
made to the lessee herein named under the terms hereof, this provision being for
the benefit of the lessee herein named. Any assignment or transfer of interest
by said assignee, or any assignee or successor in interest thereof, not in
compliance with the terms hereof shall be null and void and shall give the
lessee herein named the right, at its option, to reenter and take and hold
possession of said premises under the terms of said original lease and
supplemental agreements and this agreement after service of a notice for
twenty-five days in writing upon the assignee, or its assign or successor in
interest in possession of said premises.
8. In the event the leasehold estate hereby assigned shall, by transfer
either of the fee to the holder of the leasehold estate or vice versa, be merged
in the estate in fee, then the owner of the merged estate shall pay any money
payable to The State Savings & Trust Company by Tower Realty Company as herein
provided as and, when same becomes due, but it is hereby specifically understood
and agreed that if the lessors, their heirs, administrators, successors or
assigns, shall terminate said lease for default in any of the covenants of said
lease, supplemental agreements or this agreement, then there shall be no
obligation or liability upon the lessors, their heirs, administrators,
successors and assigns, to pay said The State Savings & Trust Company, its
successors or assigns, any sum of money whatsoever, notwithstanding any
provision to the contrary herein contained or otherwise provided elsewhere.
-4-
9. The rights, title and interest of the lessee herein named hereunder
shall at all times be subject to transfer by sale, assignment or mortgage
without the consent of any other party
40
hereto, and any such transferee or successor in interest of the lessee herein
named, shall have all of the rights of the lessee herein named, including the
right of reentry herein reserved.
10. All parties hereto hereby agree that said 99-year lease shall be,
and it is hereby expressly modified as follows:
A. In the event the assignee shall find it necessary to transfer this
lease to some other person, firm or corporation prior to the erection of the
contemplated building provided for in said lease, it shall have the right to do
so provided said assignment is made in the manner and subject to the conditions
provided for assignments in said lease after the erection of a building, and
further provided that the words "this lease" as used in said original lease with
reference to assignments shall include all modifications thereof as provided in
the supplemental agreements herein referred to, and provided further that the
subsequent assignee shall specifically agree to begin the erection of a new
building, at least meeting the requirements specified in said original lease,
within six months from the date of such assignment and to complete same within a
reasonable time thereafter, and shall at the time of such assignment give to
lessors security in the sum of $25,000.00 as provided in said original lease for
the construction of a new building upon said premises.
41
BOOK 29 PAGE 287
B. The lessee, its successors and assigns, including the assignee
herein named, shall have the right prior to April 30, 2008 to remove or tear
down any building or successive building which it may erect upon said premises
in compliance with the terms of said lease, but only for the purpose of erecting
a new building on said premises and said new building shall be finished and
completed prior to April 30, 2009, provided that in such event, lessee, its
successors and assigns, shall comply with all the terms of said original lease
and supplemental agreements applicable to the erection of a first building by
xxxxxx on said premises, and provided further that after April 30, 2009, no
building upon said premises shall be removed or torn down, except upon the
written consent of lessors. In the event of failure to erect, finish and
complete said new building within a reasonable time after tearing down or
removing the preceding building, said lessors, their heirs, administrators,
successors and assigns, may declare the demised term ended and reenter into the
demised premises and any buildings and improvements then thereon, all as
provided in said original lease in the case of failure to perform any of the
covenants thereof, and in the event of failure to have a finished and completed
building complying with the terms of said lease on said premises on April 30,
2009, all rights of xxxxxx, its successors or assigns, to a renewal of said
lease for an additional term of 99-years shall terminate and lessee shall
thereupon deliver back said premises and all buildings and improvements thereon
to lessors, their heirs, administrators, successors and assigns. It is
specifically understood that this provision shall not be treated or construed as
a waiver of the terms of said original lease with reference to the removal or
alteration of buildings or improvements upon said demised premises, except to
the extent herein specifically provided.
42
-5-
11. It is specifically understood and agreed between all the parties
that said original lease and supplemental agreements shall remain unchanged
except as specifically provided herein, but all terms, conditions, restrictions,
provisions and covenants thereof, except as herein specifically modified, shall
be and remain in full force and effect, and assignee, for itself, its successors
and assigns, hereby specifically agrees that each and all of said conditions,
restrictions, provisions and covenants shall be binding upon it, its successors
and assigns.
12. The sub-lease of the real estate herein described heretofore
executed between the State Savings & Trust Company and Tower Realty Company
under date of December 28, 1928, and recorded in Miscellaneous Record 202, at
page 320, in the office of the Recorder of Xxxxxx County, Indiana, is hereby
cancelled and shall hereafter be of no further force and effect.
13. Lessee warrants that it has good title to the 99-year lease hereby
assigned as modified by the supplemental agreements herein referred to; that the
same is free of all liens and encumbrances created or suffered by it and that it
will surrender possession of said within described premises on the 1/st/ day of
April, 1929, free of all leases of tenants, encumbrances, liens, contracts or
other commitments, except as expressly set out herein. The lessee further agrees
to serve in ample time any and all notices that may be required to obtain full
and complete possession of all of said real estate on said 1/st/ day of April,
1929.
14. The taxes, payable in the calendar year 1929 shall be pro-rated as
of April 1, 1929. The lessee herein paying one-fourth of said taxes and the
assignee paying three-fourths of said taxes.
43
15. In the event lessors shall serve notice of default and termination
of lease as herein, or in said original lease, provided, upon the assignee
herein named, its successors or assigns, they shall also deliver a copy thereof
to the lessee herein named, its successors or assigns, provided that, when and
if the lessee herein named shall sell or assign its rights hereunder such
successor or assignee, in order to be entitled to copy of notices as herein
provided, shall first designate in writing to the lessors the name and address
of a recognized and established banking institution of Indianapolis, Indiana,
who shall act as agent for receipt of copies of notices as herein provided, then
any copy of notices as herein provided shall be served upon such banking
institution as agent for said successor or assignee of lessee herein named.
In the event the assignee herein named, its successors or assigns, for
the purpose of defraying the cost of erecting improvements upon the designed
premises in accordance with the terms hereof shall mortgage its leasehold estate
or shall issue and sell preferred stock for such purpose or shall desire to
secure money therefor by any other legal method creating a lien upon said
leasehold estate, then lessors and lessee herein named each agrees that if, and
only if, the trustee representing the beneficiaries under such mortgage or other
instrument executed for that purpose, or the representative acting for said
preferred stockholders or other interested parties shall designate in writing to
said lessors and xxxxxx herein named the name and address or an established and
recognized banking institution of Indianapolis, who shall act as
- 6 -
44
BOOK 29 PAGE 288
agent for receipt of copies of notices as herein provided, then at the time of
giving any written notice to the assignee herein named, its successors or
assigns, of any default or termination of said lease, a copy of such notice
shall be served upon said banking institution as agent for said trustee or
representative.
It is specifically understood and agreed, however, that nothing
contained in this agreement shall authorize the assignee, or its successors or
assigns, to do any act or make any contract so as to encumber in any manner the
title of the lessors in said demised premises or the lessors' interest in any
buildings or improvements thereon, or to be erected thereon, or any of the
rights, title or interest of the lessee as herein set forth.
16. Upon the terms and conditions aforesaid, and not otherwise, the
lessors hereby consent to the assignment of the aforedescribed 99-year lease to
said Tower Realty Company by said The State Savings & Trust Company.
Executed in triplicate this 14 day of February, 1929.
(SEAL) THE STATE SAVINGS & TRUST COMPANY,
ATTEST
By /s/ Xxxxx X. Xxxxxx
-------------------
President
/s/ Xxxxxxx Xxxxxxx
---------------------
Asst. Secretary
(SEAL) TOWER REALTY COMPANY,
ATTEST
By /s/ Xxx X. Xxxxxxxxx
--------------------
President
/s/ Xxxxxxxx X. Xxxxxxx
------------------------
Secretary
/s/ Xxxxx X. Xxxxxx
--------------------
/s/ Xxxxxx X. Xxxxxx
--------------------
45
BOOK 29 PAGE 289
STATE OF INDIANA )
) SS:
COUNTY OF XXXXXX )
Before me, the undersigned, a Notary Public, in and for the County and
State aforesaid, personally appeared this day Xxxxx X. Xxxxxx and Xxxxxxx
Xxxxxxx, President and Asst. Secretary, respectively of The State Savings &
Trust Company, and as such and for and in behalf of said Company acknowledged
the execution of the foregoing instrument, as the authorized act and deed of
said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal this
14/th/ day of February, 1929.
My commission expires /s/ [Xxxxx Xxxxxx]
------------------
March 22, 1931 Notary Public.
(SEAL)
***
STATE OF INDIANA )
) SS:
COUNTY OF XXXXXX )
Before me, the undersigned, a Notary Public, in and for the County and
State aforesaid, personally appeared this day Xxx X. Xxxxxxxxx and Xxxxxxxx X.
Xxxxxxx, President and Secretary, respectively of Tower Realty Company, and as
such and for and in behalf of said Company acknowledged the execution of the
foregoing instrument, as the authorized act and deed of said Company.
46
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal this
14/th/ day of February, 1929.
My commission expires /s/[Albricht X. Xxxx]
---------------------
January 14, 1933 Notary Public
(SEAL)
***
STATE OF FLORIDA )
) SS:
PINELLAS COUNTY )
Before me, the undersigned, a Notary Public, in and for the County and
State aforesaid, personally appeared this day Xxxxx X. Xxxxxx and Xxxxxx X.
Xxxxxx, his wife, each of whom acknowledged the execution of the above and
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal this
16/th/ day of February, 1929.
My commission expires /s/ [Xxxxx Xxxxxx]
------------------
Notary Public for the Notary Public.
State of Florida at Largo
[_______________________]
(SEAL)
Recorded February 18, 1929 at [14 05] o'clock A.M.
- 8 -
47
ITEM 6
Book 30, page 152 [17915]
ASSIGNMENT
THIS AGREEMENT, made this 4/th/ day of May, 1929, by and between THE
STATE SAVINGS AND TRUST COMPANY, a corporation of Indianapolis, Indiana,
hereinafter called "First Party", TOWER REALTY COMPANY, a corporation of
Indianapolis, Indiana, hereinafter called "Second Party", and XXXXX X. XXXXXX
and XXXXXX X. XXXXXX, his wife, of the City of Indianapolis, Indiana,
hereinafter called "Third Party", WITNESSETH:
WHEREAS, the parties hereto on the 14/th/ day of February 1929, entered
into a written agreement, by the terms of which the first party granted, sold,
transferred, set over and assigned to the second party, its successors and
assigns, all the right, title and interest of said first party in, to and under
the ninety-nine year lease dated April 28, 1910 and recorded in Miscellaneous
Record 63, page 146 in the office of the Recorder of Xxxxxx County, Indiana, and
executed by the third party to German-American Trust Company, covering the
following described real estate in Xxxxxx County, Indiana, to-wit:
Commencing at a point on the north line of
Lot Eleven (11) in Square fifty six (56) in the City
of Indianapolis, twenty-eight (28) feet and ten (10)
inches east of the northwest corner of said lot;
thence east along the north line of said lot,
fifty-eight (58) feet and nine (9) inches to the
northeast corner of said lot; thence south along the
east line of said lot, one hundred five (105) feet;
thence xxx xxxx eighteen (18) feet to a point;
thence northwestwardly forty five (45) to a point
(on a straight line which, if extended, would meet
the west line of said lot on Circle Street at a
point eight (8) feet northeastwardly from the
southwest corner of said lot) thence due north
eighty four (84) feet, and two (2) inches to the
place of beginning.
Also, beginning on the west line of lot
eleven (11) in square fifty six (56) in the City of
Indianapolis, at a point on Circle Street eight (8)
feet north of the southwest corner of said lot;
thence north along Circle Street on the west line of
said lot, sixty-six (66) feet and two (2) inches to
the northwest corner of said lot; thence east along
the north line of said lot, twenty-eight (28) feet
and ten (10) inches; thence south parallel with the
east line of said lot, eighty-four (84) feet and two
(2) inches to a point; thence Northwesterly to the
place of beginning, and meaning hereby to include
all the real estate owned by the lessors in said Lot
Eleven (11) Square Fifty-six (56) in the City of
Indianapolis, and
WHEREAS, by said agreement on the 14/th/ day of February, 1929, the
first party likewise assigned to the second party all its right title and
interest in and to all agreements supplemental and pertaining to said
ninety-nine year lease, and
WHEREAS, by the terms of said agreement of February 14, 1929, the first
party retained certain rights and interests in and to said ninety-nine year
lease and the agreements supplemental and pertaining thereto, but now desires to
sell, transfer, assign and set over unto the second party, all right, title and
interest in and to said lease and the agreements supplemental and pertaining
thereto reserved to it under said agreement of February 14, 1929.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and agreements hereinafter contained, it is agreed between the parties
hereto that THE STATE SAVINGS AND TRUST COMPANY, a corporation of Indianapolis,
Indiana, does hereby grant, sell, transfer, set over and assign unto TOWER
REALTY COMPANY, a corporation of Indianapolis, Indiana, its successors and
assigns, all its right, title and interest in and to the
49
Book 30 Page 153
following leases and agreements:
1. The ninety-nine year lease executed by Xxxxx X. Xxxxxx and Xxxxxx X.
Xxxxxx, his wife, to German-American Trust Company, dated April 28,
1910, and recorded in Miscellaneous Record 63 at page 146 in the office
of the Recorder of Xxxxxx County, Indiana.
2. A supplemental agreement entered into by and between Xxxxx X. Xxxxxx
and Xxxxxx X. Xxxxxx, his wife, and The State Savings & Trust Company,
a corporation of Indianapolis, Indiana, dated January 31, 1914, and
recorded in Miscellaneous Record 172 at page 2 in the office of the
Recorder of Xxxxxx County, Indiana.
3. An agreement of assignment entered into between German-American
Trust Company, a corporation of Indianapolis, Indiana, and The State
Savings & Trust Company, a corporation of Indianapolis, Indiana, on the
13/th/ day of February, 1914, and recorded in Miscellaneous Record 63
at page 580
-2-
3. in the office of the Recorder of Xxxxxx County, Indiana.
4. A supplemental agreement entered into between Xxxxx X. Xxxxxx and
Xxxxxx X. Xxxxxx, his wife, of Indianapolis, Indiana, and The State
Savings & Trust Company, a corporation of Indianapolis, Indiana, on the
16/th/ day of November, 1921, and recorded into Miscellaneous Record
172 at page 4 of the records in the Recorder's office of Xxxxxx County,
Indiana.
5. The agreement and assignment entered into between the parties hereto
on the 14th day of February 1929, and recorded in Release Record 29,
Page 284, of the records in the Recorder's office of Xxxxxx County,
Indiana.
It is further understood and agreed the said first party has [received
settlement] in full of all payments [undertaken] to be made to it by said
contract of February 14, 1929, and said second and third parties, and each of
them, are hereby fully and completely released and discharged from any and all
obligations of any kind or character to first party or its assigns [created] by
said contract of February 14, 1929.
50
It is further agreed and understood between the parties hereto that in
consideration of the assignment hereby made said Tower Realty Company agrees to
perform all the terms and conditions to be performed by said THE STATE SAVINGS
AND TRUST COMPANY under any and all of the foregoing agreements hereby assigned.
It is further agreed that the first party does hereby specifically
release the second party from all rights and claims it might have, or might have
had, by virtue of the lease agreement heretofore entered into between the first
and second parties on the 28/th/ day of December, 1928, and recorded in
Miscellaneous Record 202 at page 320 in the office of the Recorder of Xxxxxx
County, Indiana, which lease agreement has heretofore been cancelled pursuant to
the terms of the written agreement entered into between the parties hereto on
the 14/th/ day of February, 1929, and said cancellation is hereby confirmed and
ratified by all the parties hereto.
-3-
51
Book 30, page 154
It is further agreed and understood between the parties hereto that the
aforementioned agreement entered into between the parties hereto on the 14/th/
day of February, 1929, shall in all other respects remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and the seals of their respective corporations the day and year first above
written.
(SEAL) THE STATE SAVINGS AND TRUST COMPANY
ATTEST
By /s/ Xxxxx X. Xxxxxx
-----------------------
President.
/s/ Xxxxxxx Xxxxxxx
-------------------
Asst. Secretary.
(SEAL) TOWER REALTY COMPANY
ATTEST
By /s/ Xxx X. Xxxxxxxxx
-----------------------
President.
/s/ Xxxxxxxx X. Xxxxxxx
-----------------------
Secretary.
/s/ Xxxxx X. Xxxxxx
-------------------
/s/ Xxxxxx X. Xxxxxx
--------------------
STATE OF INDIANA )
) SS:
COUNTY OF XXXXXX )
Before me, the undersigned, a Notary Public, in and for the County and
State aforesaid, personally appeared this day Xxxxx X. Xxxxxx and Xxxxxxx
Xxxxxxx, President and Asst. Secretary, respectively, of The State Savings &
Trust Company, and as such and for and in
52
behalf of said Company acknowledged the execution of the foregoing instrument,
as the authorized act and deed of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal this
6/th/ day of May, 1929.
(SEAL)
My commission expires /s/ [Xxxxx Xxxxxx]
------------------
March 22, 1931 Notary Public
STATE OF INDIANA )
) SS:
COUNTY OF XXXXXX )
Before me, the undersigned, a Notary Public, in and for the County and
State aforesaid, personally appeared this day Xxx X. Xxxxxxxxx and Xxxxxxxx X.
Xxxxxxx, President and Secretary, respectively of Tower Realty Company, and as
such and for and in behalf of said Company acknowledged the execution of the
foregoing[instrument as the authorized act and deed of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal this
4/th/ day of May, 1929.
(SEAL)
My commission expires /s/ [Albricht X. Xxxx]
----------------------
January 14, 1933 Notary Public
STATE OF INDIANA )
) SS:
COUNTY OF XXXXXX )
53
Before me, the undersigned, a Notary Public, in and for the County and
State aforesaid, personally appeared this day Xxxxx X. Xxxxxx and Xxxxxx X.
Xxxxxx, his wife, each of whom acknowledged the execution of the above and
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal this
4/th/ day of May, 1929.
(SEAL)
My commission expires /s/ [Xxxxx Xxxxxx]
------------------
[Aug. 8, 1931] Notary Public.
Recorded May 6, 1929 at [3 75] o'clock P.M.
54
74-65208 RECEIVED FOR RECORD
OCTOBER 16 3:19 P.M. `74
XXXX [_________________]
RECORDER OF MARION, IN
ASSIGNMENT AND ASSUMPTION
ASSIGNMENT
Tower Realty Company, Inc., and Indiana Corporation ("Tower"), assigns
to First Union Real Estate Equity and Mortgage Investments, an Ohio business
trust ("First Union"), all of its right, title and interest in, to and under:
(1) the Indenture from Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx to German
American Trust Company dated April 28, 1910, and recorded on May 21,
1910, in Miscellaneous Record 63, Page 146, in the office of the
Recorder of Xxxxxx County, Indiana;
(2) the Indenture from Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx to The
State Savings and Trust Company dated January 31, 1914, and recorded on
June 28, 1926, in Miscellaneous Record 172, Page 2, in the office of
the Recorder of Xxxxxx County, Indiana;
(3) the Agreement between German American Trust Company and The State
Savings and Trust Company dated February 13, 1914, and recorded on
February 14, 1914, in the Miscellaneous Record 63, Page 580, in the
office of the Recorder of Xxxxxx County, Indiana;
(4) the Agreement between Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx and The
State Savings and Trust Company dated November 16, 1921, and recorded
on June 28, 1926, in Miscellaneous Record 172, Page 4, in the office of
the Recorder of Xxxxxx County, Indiana;
(5) the Agreement between Xxxxx X. Xxxxxx and Xxxxxx X. Xxxxxx; The
State Savings & Trust Company and Tower dated February 14, 1929, and
recorded on February 18, 1929, in Release and Assignment Record 29,
Page 284, in the office of the Recorder of Xxxxxx County, Indiana;
(6) the Assignment from The State Savings and Trust Company and Xxxxx
X. Xxxxxx and Xxxxxx X. Xxxxxx to Tower dated May 4, 1929, in Release
and Assignment Record 30, Page 152 in the office of the Recorder of
Xxxxxx County, Indiana;
(7) the Indenture from Xxxxx X. Xxxx et al. to The Xxxxxxx Corporation
dated January 2, 1920, and recorded on May 18, 1920, in Miscellaneous
Record 112, Page 342, in the office of the Recorder of Xxxxxx County,
Indiana;
(8) the Lease from Xxxxxxx Corporation to Monument Reality Company
dated July 22, 1929, and recorded on July 26, 1929, in Miscellaneous
Record 211, Page 489, in the office of the Recorder of Xxxxxx County,
Indiana;
(9) the Agreement between Xxxxx Xxxxxxx Xxxx et al., The Xxxxxxx
Corporation, Monument Realty Company and Tower dated July 24, 1929, and
recorded on August 19, 1929, in Miscellaneous Record 212, Page 86, in
the office of the Recorder of Xxxxxx County, Indiana;
(10) the Assignment of Lease from the Xxxxxxx Corporation to The
Xxxxxxx Realty Co. dated June 19, 1926, and recorded on July 10, 1926,
in Release and Assignment Record 19, Page 56, in the office of the
Recorder of Xxxxxx County, Indiana;
(11) the Assignment of Lease from The Xxxxxxx Realty Co. to The Xxxxxxx
Corporation dated July 18, 1929, and recorded on July 22, 1929, in
Release and Assignment Record 31, Page 68, in the office of the
Recorder of Xxxxxx County, Indiana;
(12) the Assignment of Lease from The Xxxxxxx Corporation to The
Xxxxxxx Investment Company dated January 2, 1934, and recorded in
February 24, 1936, in Miscellaneous Record 268, Page 232, in the office
of the Recorder of Xxxxxx County, Indiana.
(13) the Assignment of Lease from The Xxxxxxx Corporation to The
Xxxxxxx Investment Company dated October 1, 1937, and recorded on
October 4, 1937, in Miscellaneous Record 283, Page 170, in the office
of the Recorder of Xxxxxx County, Indiana;
(14) the Agreement between The Xxxxxxx Investment Company, Inc. and
Monument Realty Company, Inc. dated December 30, 1958, and recorded on
January 7, 1959, in Miscellaneous Record 617, page 399, in the office
of the Recorder of Xxxxxx County, Indiana;
-2-
56
(15) those leases, tenancies, options and commitments which are
currently in effect with respect to space in the office building
situated on the real estate described below and which are described in
Exhibits B-1 and B-2 to the Contract of Sale between Tower and First
Union dated June 11, 1974; and
(16) those leases, tenancies, options and commitments which are
currently in effect with respect to space in the office building
situated on the real estate described below and to which First Union
has consented in writing pursuant to Section 2.01 of the Contract of
Sale between Tower and First Union dated June 11, 1974,
for the sum of $1.00 and other valuable consideration, the receipt and
sufficiency of which are evidenced by the execution and delivery of this
Assignment.
The real estate which is the subject of the instruments described in
numbered paragraphs (1) through (16) above is located in Xxxxxx County, Indiana,
and consists of two contiguous tracts each of which was resurveyed on or about
September 29, 1974, the survey being evidenced by a certificate of Xxxxx X.
Xxxxxxx, Registered Land Surveyor, dated October 9, 1974. The first tract, to
which the instruments described in numbered paragraphs (1) through (6) above
relate, as resurveyed in described as follows:
Part of Lots 11 and 12 in Square 56 in the City of
Indianapolis, Indiana, described as follows:
Beginning on Circle Street on the West line
of said Lot 11 at a point 8.00 feet Northeast of the
Southwest corner of the said Lot 11; thence
Southwesterly along the West line of the said Lots
11 and 12 a distance of 30 feet and 2 inches (30. 17
feet); thence South 51 degrees 35 minutes 30 seconds
East 67.96 feet to a point which lies South 90
degrees 00 minutes 00 seconds West 69.75 feet from a
point on the East line of the said Lot 12, which
point on said
-3-
57
East line lies South 00 degrees 00 minutes 00
seconds 2.50 feet from the Northeast corner of the
said Lot 12; thence South 90 degrees 00 minutes 00
seconds East 69.75 feet to the point on said East
line; thence North 00 degrees 00 minutes 00 seconds
along the East line of the said Lots 12 and 11 a
distance of 26.18 feet to a point which lies South
00 degrees 00 minutes 00 seconds 105.00 feet from
the Northeast corner of the said Lot 11; thence
North 90 degrees 00 minutes 00 seconds West 12.81
feet to a line which extends Southeasterly from the
place of beginning to a point on the East line of
the said Lot 11, which point on said East line lies
North 00 degrees 00 minutes 00 seconds 18.00 feet
from the Southeast corner of the said Lot 11; thence
North 66 degrees 05 minutes 00 seconds West along
said line 104.36 feet to the place of beginning,
containing 4,536 square feet, more of less.
The second tract, to which the instruments described in numbered
paragraphs (7) through (14) above relate, as resurveyed is described as follows:
Part of Lot 11 in Square 56 in the City of
Indianapolis, Indiana, described as follows:
Beginning on Circle Street on the West line of the
said Lot 11, at a point 8.00 feet Northeast of the
Southwest corner of the said Lot 11; thence
Northeasterly along the West line of the said Lot 11
a distance of 66 feet and 2 inches (66.17 feet) to
the Northwest corner of the said Lot 11; thence
North 90 degrees 00 minutes 00 seconds East along
the North line of the said Lot 11 a distance of 87
feet and 7 inches (87.58 feet) to the Northeast
corner of the said Lot 11; thence South 00 degrees
00 minutes 00 seconds along the East line of the
said Lot 11 a distance of 105.00 feet; thence South
90 degrees 00 minutes 00 seconds West 12.81 feet to
a line which extends Southeasterly from the place of
beginning to a point on the East line of the said
Lot 11, which point on said East line lies North 00
degrees 00 minutes 00 seconds 18.00 feet from the
Southeast corner of the said Lot 11; thence North 66
degrees 05 minutes 00 seconds West along the said
line 104.36 feet to the place of beginning,
containing 8,599 square feet, more or less.
-4-
58
The leases, tenancies, options and commitments described in numbered
paragraphs (15) and (16) above relate to space in the office building which is
presently situated on both tracts.
This Assignment has been executed and delivered on October 16, 1974.
(SEAL) TOWER REALTY COMPANY, INC.
ATTEST
By /s/ Xxxxxx X. Xxxx, Xx.
-----------------------
Xxxxxx X. Xxxx, Xx.,
its President
/s/ Xxxxx X. Xxxxxx
--------------------
Xxxxx X. Xxxxxx,
its Secretary
ASSUMPTION
First Union Real Estate Equity and Mortgage Investments, an Ohio
business trust ("First Union"), hereby expressly accepts, assumes and agrees to
perform all premises, and covenants and agreements to which Tower Realty
Company, Inc., and Indiana corporation ("Tower"), is subject in, to and under
the instruments described in numbered paragraphs (1) through (16) of the
preceding Assignment. Notwithstanding anything herein to the contrary contained,
this Assumption is made and executed by First Union by an authorized officer
thereof on behalf of the sole Trustees thereof, and none of such Trustees or any
additional or successor Trustee hereinafter appointed,
-5-
59
nor any beneficiary of First Union, shall have any liability hereunder in his
personal or individual capacity, but, instead, all parties shall look solely to
the property and assets of First Union for satisfaction of claims of any nature
arising under of in connection with this Assumption.
This Assumption has been executed and delivered on October 16, 1974.
FIRST UNION REAL ESTATE EQUITY
AND MORTGAGE INVESTMENTS
[SEAL]
By /s/ Xxxxxx X. Xxxxxx
--------------------
Xxxxxx X. Xxxxxx,
its Vice President
-6-
60
STATE OF INDIANA )
) SS:
COUNTY OF XXXXXX )
On October 16, 1974, before me, a Notary Public having jurisdiction to
act in my capacity as such within this State and County, personally appeared
Xxxxxx X. Xxxx, Xx., and Xxxxx X. Xxxxxx, known to me to be the President and
Secretary, respectively, of Tower Realty Company, Inc., an Indiana corporation,
each of whom, upon first being duly sworn by me upon his oath according to the
law, acknowledged that he had executed the preceding Assignment for and on
behalf of Tower Realty Company, Inc.
(SEAL)
My commission expires /s/ Xxxxxx X. Xxxxxx
--------------------
August 21, 1977 Notary Public
XXXXXX X. XXXXXX
----------------
Printed Name
STATE OF INDIANA )
) SS:
COUNTY OF XXXXXX )
On October 16, 1974, before me, a Notary Public having jurisdiction to
act in my capacity as such within this state and county, personally appeared
Xxxxxx X. Xxxxxx, known to me to be the Vice President of First Union Real
Estate Equity and Mortgage Investments, an Ohio business trust, who, after first
being duly sworn by me upon his oath according to law, acknowledged that he had
executed the preceding Assumption for and on behalf of First Union Real Estate
Equity and Mortgage Investments.
61
(SEAL)
My commission expires /s/ Xxxxxx X. Xxxxxx
--------------------
August 21, 1977 Notary Public
XXXXXX X. XXXXXX
----------------
Printed Name
This instrument prepared by Xxxxx X. XxXxxxxxx.
-7-
62
