CCR2002150COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #150-2002
APPROVAL OF NONDISTURBANCE AGREEMENT
Pleasant View Condominiums
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
approve the attached Nondisturbance Agreement for Pleasant View Condominiums.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary document in the name of the City.
DATED THIS 23rd DAY OF July ,2002.
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #150-2002 which
was adopted by the Common Council of the City of Muskego.
7/02 jmb
NON-DISTURBANCE AGREEMENT
WHEREAS, the City of Muskego and EM. Corporation, as Developer, and PEGARL. L.L.P.,
as land owner, have entered into and executed the Muskego Pleasant View Condominiums Open
Space Management Plan Agreement date J L' L y J 2. aooa and hereinafter referred
to as AGREEMENT; and
WHEREAS, Citizens Bank of Mukwonago has a mortgagee interest in the land described
in the AGREEMENT; and
WHEREAS, the Muskego Pleasant View Condominium Association, Inc. has accepted and
agreed to all terms and conditions of the AGREEMENT;
NOW THEREFORE, in consideration of the mutual covenants and agreements, IT IS
AGREED as follows:
1) Citizens Bank of Mukwonago does hereby acknowledge receipt of a copy of the
AGREEMENT and subordinates and make inferior the lien of a certain mortgage
dated the 8" day of February, 2002 and recorded in the office of the Waukesha
County Register of Deedion March 14,2002 as document number 2777291. e 2) PEGARL. L.L.P. also subordinates and makes inferior their owner's interest in
the land covered by the AGREEMENT and EM Corporation also subordinates
and makes inferior their interest in the land covered by the AGREEMENT.
3) If Citizens Bank of Mukwonago or any subsequent mortgagee takes possession of
any of the unit(?.) or common axeas, the AGREEMENT shall continue with the same
force and effect as ifthe mortgagee had entered into the AGREEMENT with
the City of Muskego.
4) In the event of foreclosure of any mortgage against all or part of Muskego Pleasant View
Condominiums or sale in lieu of foreclosure. or other suit or proceeding pursuant
to the mortgage, the City of Muskego shall not be made a party to the proceedmg(s)
and the same shall not af€ect the rights granted the City of Muskego under the
AGREEMENT. Any purchaser of any unit(?,) pursuant to any such proceedings or
deed in lieu of foreclosure shall take title to the unit(s) subject to the AGREEMENT
and shall be bound by all of the terms as ifthe purchaser were the original owner,
provided however, that the purchaser shall not be liable for any default by the owner
under the AGREEMENT pertaining to any period before the purchaser acquires
the hit(s).
This Non-Disturbance Agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns.
This Non-Disturbance Agreement is made and entered into this day of May, 2002
by EM Corporation, Citizens Bank of Mukwonago, PEGARL L.L.P., Muskeo Pleasant View
Condominium Association, Inc. and the City of Muskego, a Municipal Corporation located in the
County of Waukesha and the State of Wisconsin.
EMCo ration
Dean P. Memen- Secretary
STATE OF WISCONSIN )
WAUKESHA COUNTY )
PERSONALLY came before me this day of w, 2002, Earl D. Meinen and Dean p.
Meinen to me known to be the persons who executed the foregoing instrument and acknowledged
the same.
TdY
77% ’i7
Notary Public - State of d5ionsin
MY Commission Expires: rl-lg”OT mZi2 DeWE. WincheU Vice-president
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Douglas R. Bruins Vice - President
STATE OF WISCONSIN )
WAUKESHA COUNTY )
PERSONALLY came before me this 20th day ofMay, 2002, Dennis E. Winchell and Douglas
R Bruins to me known to be the persons who executed the foregoing instrument and
JUIle
acknowledged the same
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Notary Public- State'of Wisconsin
My Commission Expires: Auril 16 I 2006
PEGARL L.L.P.
by:
Wayde G. Salentine- Partner
I -eo nl39
Reno R. Berg- Partner
STATE OF WISCONSIN e WAUKESHA COUNTY j
PERSONALLY,came before me this jlrw day ofd, 2002, the above named Wayne G.
Salentine and Reno R Berg, to me known to be the persons who executed the foregoing
instrument and acknowledged the same.
MUSKEGO PLEASANT VIEW CONDOMINIUM ASSOCIATION, INC.
by:
EmTD. Meinen - President
STATE OF WISCONSIN )
WAUKESHA COUNTY )
PERSONALLY came before me this &day of Ju
Meinen and Wayne G. Salentine, to me known to be the pe
instrument and acknowledged the same.
My Commission Expires: q-l%-oC
CITY OF MUSKEGO
by:
Mark Slocomb, Mayor
STATE OF WISCONSIN )
WAUKESHA COUNTY )
Jean K. Marenda, City Clerk-Treasurer
PERSONALLY came before me this day of July, 2002, the above named Mark
Slocomb, Mayor and Jean K. Marenda, City Clerk-Treasurer, of the above-named municipal
corporation City of Muskego, to me known to be the persons who executed the foregoing
instrument, and to me known to be such Mayor and City Clerk-Treasurer of said municipal
corporation, and acknowledged that they executed the foregoing instrument as such officers
as the deed of said municipal corporation by its authority and pursuant to the authorization by
the Common Council iiom their meeting on the day of ,2002.
Notary Public - State of Wisconsin
My Commissions Expires:
e This document was drafted by: Reno R. Berg