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CCR1984210RESOLUTION #210-84 APPROVAL OF RELEASE OF PORTION OF REAL ESTATE FROM LIEN OF MORTGAGE AND INDENTURE (Surinak Industrial Revenue Bonds) WHEREAS, the City of Muskego, Wisconsin (the ICity), is a municipal corporation organized and existing under and pursuant to the laws of the State of Wisconsin. WHEREAS, the Common Council of the City of Muskego by Resolution #126-78 adopted on June 27, 1978 authorized the issuance of the City of Muskego Industrial Development Revenue Bonds (Surinak Engineering & Manufacturing, Inc. Project) Series 1978 in the principal amount of $450,000 (the "Bonds") and further authorized the City to enter into a Mortgage, Loan and Security Agreement with Surinak Development (the "Mortgage") and an Indenture of Trust with Marine National Exchange Bank of Milwaukee, as Trustee (the "Indenture") ; and WHEREAS, on July 7, 1978 the Mortgage and Indenture were executed and the Bonds were issued pursuant thereto; and WHEREAS, Surinak Development is desirous of obtaining the release the Indenture. of a portion of the real estate from the lien of the Mortgage and NOW THEREFORE, BE IT RESOLVED, by this Common Council of the City of Muskego, Wisconsin, that: 1. The Supplemental Indenture of Trust attached hereto as Exhibit A is approved. authorized and directed to do or cause to be done such acts and to execute such documents as are necessary or proper to carry out and fulls effectuate said Supulemental Indenture of Trust. 2. The proper officials of the City be and hereby are FINANCE COMMITTEE Ald. Edwin Psd~ Aid. Ralph Tomczyk I ATTEST : . a 0 '. SUPPLEMENTAL INDENTURE OF TRUST into this - day of , 1984 by and between the City of Muskego, Waukesha County, Wisconsin, a municipal coruoration duly established under the laws of the State of THIS SUPPLEMENTAL INDENTURE OF TRUST made and entered - - Wisconsin (the "Issuer"), and The Marine Trust Company, N.A., as Trustee (as successor to Marine National Exchange Bank of Milwaukee, as Trustee), a national association organized and existing under the laws of the United States of America with its principal office located at 111 East Wisconsin Avenue, Milwaukee, Wisconsin 53202 (the "Trustee"). WITNESSETH: WHEREAS, Surinak Development and the City of Muskego entered into that certain Mortgage, Loan and Security Agreement dated as of July 1, 1978 (the "Mortgage") which was recorded in the Waukesha County Register of Deeds Office on July 6, 1978 as Document No. 1055298, and Surinak Development entered into that certain Assignment of Lease and Rents dated as of June 1, 1978 with the Trustee (the "Assignment") which Was recorded in the Waukesha County Register of Deeds Office on July 6, 1978 as Document No. 1055300; of Milwaukee, as Trustee, entered into that certain Indenture WHEREAS, the Issuer and Marine National Exchange Bank of Trust dated as of June 1, 1978 relating to the issuance by the Issuer of its Series 1978 Bonds in the principal amount of $450,000 for the benefit of Surinak Development (the "Indenture") pursuant to which the Mortgage was assigned County Register of Deeds Office on July 6, 1978 as Document to the Trustee, which Indenture was recorded in the Waukesha No. 1055299; and WHEREAS, the parties are desirous of amending the Indenture to release the lien created in favor of the Issuer against a portion of the real estate. premises and other good and valuable consideration, the NOW, THEREFORE, in consideration of the foregoing receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: from the Mortgage, the Indenture and the Assignment and any and all rights it has against the real estate described in Exhibit A attached hereto. 1. The Trustee hereby releases and discharges the lien 2. All other terms and conditions of the Mortgage, the effect . Indenture and the Assignment shall remain in full force and STATE OF WISCONSIN 1 caused these presents to be signed in its name and behalf by its Mayor and City Clerk thereunto duly authorized and its official seal to be hereonto affixed and The Marine Trust Company, N.A. has caused these presents to be executed by its duly authorized officers and its corporate seal to be hereunto affixed, all as of the day and year first above written. IN WITNESS WHEREOF, the City of Muskego, Wisconsin has CITY OF MUSKEGO, WISCONSIN a municipal corporation BY Mayor By City Clerk THE MARINE TRUST COMPANY, N.A., TRUSTEE Attest: WAUKESHA COUNTY i ss. 1 On the Notary Publix and for said County, day of August, A.D., 1984, before me, a personally appeared - and personally known, who being by me first duly sworn, did say that they are the Mayor and City Clerk, respectively, of the CITY OF MUSKEGO, WISCONSIN, the municipal corporation named in and which executed the within instrument, and that the seal affixed to said instrument is the seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its , to me . - - - Common Council and said and deed of said municipal corporation. and acknowledged said instrument to be the free ac.t Notary Public, County, Wisconsin. My Commission (Notarial Seal) STATE OF WISCONSIN ) MILWAUKEE COUNTY ) ) ss. On this day of August, A.D., 1984, before me, a Notary Public in and for said County, personally appeared , to me personally known, who being by me first duly sworn, did and respectively, of THE MARINE TRUST COMPANY, N.A., the Trustee say that they are the and named in and which executed the within instrument and that the seal affixed to said instrument is the seal of said Trustee and that said instrument was signed and sealed in behalf of said Trustee by authority of its Board of Directors and said , and instrument to be the free act and deed of said Trustee. acknowledged said Notary Public, Milwaukee County, Wisconsin. My Commission (Notarial Seal) This document was drafted by Larry R. Dalton, Whyte 6 Hirschboeck S.C., 2100 Marine Plaza, Milwaukee, Wisconsin 53202. ?) i. : e EXHIBIT A .All that part of the Northeast One-Quarter (ME 1/41 of Section 17, Township 5 North, Range 20 East, City . of Muskego, Waukesha County, Wisconsin, also being a part of the Certified Survey Map No. 3244, Document No. 1039486, Volume' 24, pages 216, 217 and 218" recorded March 21, 1978, Waukesha County Register of Deeds, bounded and described as follows: Commencing at the East One-Quarter (E 1/4) corner of Section 17; thence North OOO28'15" East along the East line of the Northeast One-Quarter (NE 1/4) of Section 17, 155.41 Drive; thence South 55O20'15" West along said Southerly feet to the Southerly right-of-way line of Gemini right-of-way line, 226.67 feet to the Westerly right- of-way line of Mercury Drive: thence North 34'39'45'' West along said Westerly right-of-way line 1,084 feet; thence South 55°20'15" West along the Northerly ri'ght- beginning of the parcel of land hereinafter described; of way line of Apollo Drive 732 feet to the place of thence North 34'48'49" West 307.12 feet to the Southerly right-of-way line of the Wisconsin Electric Power Company; thence along said Southerly right-of-way line and the arc of a curve to the right 318.21 feet the center of which lies Northwest, radius of 5,767.15 feet and a chord bearing South 59O45'57" West 318.17 feet: thence South 34°39'40" East 331.74 feet to the Northerly right-of-way line of Apollo Drive; thence North 55'20'15'' East along said Northerly right-of-way line 318.00 feet to the place of beginning (containing 2.32 acres). 0 . t 4. . 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