HomeMy WebLinkAbout#1017 - Deed; Corporate Warranty - From Elec. Co. to City of South Bend-the E 40' of real estatebe � � air ca a Z i p: La,. L k,�; + t"r x u x-11 AX ,; L. v %'. L 1 Y
of South mend, the :fast 40 feet of
the following described real estate
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W.O. DEED NO.
USE Garporate Warranty Rpeb PLAT NO.
THIS INDENTURE WITNESSETH, That INDIANA & MICHIGAN ELECTRIC 0014PANY -7, — 7
a corporation duly organized
and existing under the laws of the state ofIndiana
located in Allen — County, in the State of Indiana —Convey and Warrant
to THE CITY OF SOUTH BEND, INDIANA
of St. Joseph Countyo in the State of Indiana , for and In consideration of the sum of
Five Hundred and Fifty — DOLLARS ( $ 550.00 ) and other
good and valuable consideration, the receipt whereof is hereby acknowledged, the following described Real Estate
in St. Joseph _ Countyf in the State of Indiana , to -wit:
The East forty (40) feet of the following described Real Estate:
Part of the Southeast Quarter (�) of the Northeast Quarter (J) and part
of the Northeast Quarter (J) of the Southeast Quarter (j) of Section
Twenty -Eight (28), Township Thirty-eight (38) North, Range Two (2) East,
described as beginning at the Northeast corner of the Southeast Quarter
(J) of said Section Twenty-eight (28); thence North along the East line
of said Section, Sixty-five (65) feet; thence West Six Hundred Sixty
(660) feet; thence South Sixty-five (65) feet; thence West Three Hundred
Thirty (330) feet; thence South One Hundred Seventy-seven (177) feet;
thence East Nine Hundred Ninety (990) feet to the East line of said
Section; thence North along said Section line.-Ona.
(177) feet to the place of beginning. lywii.:iria Gross lncorrc, Tlix 011
Silo of Real Estate
Indiarn & Michigan Electric Co.
tit t:ebrrr
ra flro"'d 2-7-1977
_J 5 .........
t�'Urqr' S Receipt
IN WITNESS WHEREOF, aREOF, The said INDIANA & MICHIGAN ELECTRIC (33
Cqa 4 iii�ty
Mon caused this Deed to be executed by R. C. Menge, Vice j?r!s�s7id6fit--"
itsVice, President, and attested by C. L. Mast, Asst.j Secretary
sisto'nt Secretary, and its corporate seal to be hereunto affixed.
'v
this de y of
19
Is
INDIANA & MICHIGAN ELECTRIC COMPANY
e_
_—�A �allc.�r.tary By U, Vice President
C. L. Mast R. C. I ige
(Printed Name) (Printed Name)
STATE OF INDIANA, ALLEN County, as:
Before me, the undersigned, a Notary Public in and for said County: and State, personally appeared the within named
R. C. Menge
Vice President and L. Mast
AsstSadtty,
to me known to be such Vice President and Assistant Secretary of said Corporation and acknowledged t6eexoc)iitlen�
of the foregoing Deed for and on behalf of said Corporation and by its'authority. yr
WITNESS, my hand and Notorial seal this day of
A
July 1980
My commission expires 19
,
Rita A. bauders Notary Pub'tle
This instrument prepared by: George H. Brigham, Agent for Indiana & Michigan E e
Company, 2101 Spy Run Avenue, Fort Wayne, Indiana.
BOOK 828 "gE ?93
J.-, L
9720 Taxing U n%)�t.
THIS INDENTURE, made this day of
between Irving Trust Company, a corporation existing
under and by virtue of the laws of the State of New York
(Corporate Trustee) and D. w. may (successor Individual
Trustee), as Trustees, (hereinafter called "Trustees") parties
of the first part, and Indiana & Michigan Electric Company, a
corporation existing under and by virtue of the laws of the
State of Indiana,,with principal office at P101 Spy Run
Avenue, Fort Waynel' Indiana (hereinafter called "Company"),
party of the second part:
WHEREAS, by the Mortgage and Deed of Trust between
the Company and Irving Trust Company and Frederick G. Herbst,
as Trustees, dated as of June 1, 1939, and recorded among
other places in the Office of'the Recorder of the County
f St. Joseph, State of Indiana, in Mortgage Record No. 312
t Page 321, Chat. Mtg. Rec. 251.
the Company did convey the property hereinafter described unto
the said Trustees; and
WHEREAS, by a certain instrument between the Company
and Richard H. West, dated as of June 4,1945, and recorded
among other places in the aforesaid St. Joseph County
Recorder's Office in Mortgage Record No. 83 (MISC) at page
566,
the said Richard H. West was appointed by the Company as
successor Individual Trustee under said Mortgage and Deed of
Trust and accepted such appointment; and
WHEREAS,,by a certain instrument between the
Company, Irving Trust Company and James A. Austin, dated
as of June 19, 1950, and recorded among other places in
the aforesaid St. Joseph County Recorder's Office in Mort-
,.
c-
gage Record No. 497 at page 184, C, p Cz
cz
BOOK1211-
0%
and Irving Trust Company as successor Individual Trustee
under said Mortgage and Deed of Trust and accepted such
appointment; and BOOK1211 PACE'0'4'
WHEREAS, by a certain instrument between the
Company, Irving Trust Company and E. J. McCabe, dated as
of February 1, 1967, and recorded among other places in
the office of the Recorder of the County of St. Joseph,
State of Indiana, in Mortgage Record No. 922 at page 55
the said E. J. McCabe was appointed by the Company and
Irving Trust Company as successor 1na'LV'LUU
said mortgage and Deed of Trust and accepted such appoint-
ment; and
WHEREAS, by a certain instrument between the
Company and Irving Trust company and D. W. may, dated as of
December 1, 1973 and recorded among other places in the
office of the Recorder of the County of St. Joseph,State
- 434
of Indiana, in Mortgage Record No. Jill at page 404Athe
said D. W. May was appointed effective December 14, 1974
by the Company and Irving Trust Company as successor
individual Trustee under said Mortgage and Deed t of Trust
and accepted such appointment; and
WHEREAS, said mortgage and Deed of Trust has
been amended and supplemented by the instruments herein-
after listed, which instruments are identified, dated and
recorded in,
Mortgage,
Date
Recor(I 1,10.
page
Instrument
Indenture
Supplemental
9/1/48
451
Chat. Rec.
14
390
251
Indenture
Supplemental
6/l/50
, 497
Chat.Rec.
16
189
251
Indenture
Supplemental
1/1/52
546
Chat. Rec.
17
146
251
Indenture
supplemental
9/1/53
590
Chat. Rec.
19
15
237
Indenture
Supplemental
10/1/54
6�6c.
�ze
21
qq
22
Indenture
supplemental
2/l/53
Chat.
699
541
282
Indenture
Supplemental
11/1/58
Chat. Rec.
720
28
30
125_146
288
Indenture
supplemental
8/1/63
Chat. Rec.
828
41
78
303
Indenture
supplemental
5/l/68
Chat. Rec.
'.950
161
Indenture
supplemental
6/l/69
982
281-312
Indenture
supplemental
4/l/70
1001
89-129
-indenture
supplemental
2/16/71
1019
455
Indenture
supplemental
12/1/73
Jill
404-434
indenture
Supplemental
6/1/74
1125
468-494
Indenture
Supplemental
3/1/75
1145
596-626
Indenture Supplemental
9/1/75
394
ill
'Y
PMWMr
WHEREAS, the Company has requested the Trustees
,o release the property hereinafter described from the lien
)f said Mortgage and Deed of Trust, as amended and supple-
mented, in order that the Company may sell, convey and
transfer the said property clear, free and discharged of
and from such lien; and
WHEREAS, the Company has complied with all the
terms and conditions of said Mortgage and Deed or Trust,
as amended and supplemented, with respect to obtaining the
release of the property hereinafter described from the lien
thereof;
NOW, THEREFORE, THIS INDENTURE WITNESSETH:
That the Trustees, for and in consideration of
the application by the Company and its compliance with all
applicable provisions of the Mortgage relating to the
release of property from the lien of the Mortgage, have
released, quitclaimed and set over, and by these presents
do release, quitclaim and set over unto the Company, its
successors and assigns, all their right, title and interest
as Trustees as aforesaid in and to the mortgaged property
hereinafter particularly described, to -wit:
Certain property located in St. Joseph County, Indiana
as described on page l(a) attached hereto.
BOOK 1211 PKE'0110'
-3-
.,
m
BOOK1211 PAUGE53
A
The following described Real Estate in St. Joseph
County, in the State of Indiana, to -wit:
Part of the Southeast Quarter (1/4) of the jv4ortheast
Quarter (1/4) and part of the Northeast Quarter (1/4)
of the southeast Quarter (1/4) of Section Twenty -
Eight (28) , Township Thirty-eight (38) North, Range
Two (2) East, described as beqinnina at the North-
east corner of the Southeast Quarter (1/4) of said
Section Twenty-eicht (28); thence North along the
East line of said Section, sixty-five (65) feet;
thence West Six Hundred Sixty (660) feet; thence
South sixty-five (65) feet.: thence West Three
Hundred Thirty (330) feet; thence South One Hundred
Seventy-seven (177) feet; thence East Nine Hundred
Ninety (990) feet to the East line of said Section;
thence North along said Section line One Hundred
Seventv-seven (177) feet to the place of beginning.
1 (a)
ip
TO HAVE AND TO HOLD the said property hereby
released to the Company, its successors and assigns, to its
and their own proper use, benefit and behoof forever, clear
free and discharged of and from any and all liens or claims
under and by virtue of said Mortgage and Deed of Trust, as
amended and supplemented as aforesaid.
It is expressly understood that no part of the
property covered by and subject to the said Mortgage and Deed
of Trust, as amended and supplemented as aforesaid, is hereby
discharged or released therefrom, other than the property above
described, and that nothing herein does in any way affect or
impair the right of the said Trustees to hold the said Mortgage
and Deed of Trust, as amended and supplemented as aforesaid,
for security as therein provided on the remainder of the
premises and property thereby corn eyed or intended so to be,
and not heretofore released from the lien of said Mortgage and
Deed of Trust, as amended and supplemented as aforesaid.
IN WITNESS WHEREOF, and as Trustees under the
Mortgage and Deed of Trust, as amended and supplemented as
aforesaid, the Irving Trust Company has caused this writing
to be signed by its Vice President, and its corporate seal
to be hereunto affixed, duly attested by its Assistant
Secretary, under authority duly given, and the said D. W. May
has hereunto set his hand and seal, all of which is done this
day of , fi',�/.
IRVING TRUST COMPANY
as Corporate Trustee
Vice -P r e/s(ydent
Attest:
,-'A s s ✓' Uc r e " r y
-As 'Ind vid 1/-;Ptustee
BOOKE 1i WE505
#2P
TATE OF NEW YORK )
) SS: A 501P
OUNTY OF NEW YORK J_
T certify that on this 7 day of
Before me, a Notary Publ).c in and
'or said County and State, appeared to me
)ersonally known and known to me to be a Vi'ce President of
Erving Trust Company and the person whose name is signed to
the foregoing instrument, whog being by me duly sworn, deposer:
and said that he resides at , -
that he is a Vice President of Tr' v1 hg'Trust List Company; that he
knows the corporate seal of said corporation; that the seal
affixed to the foregoing instrument is the corporate seal of
the said corporation; that it was so affixed by order of Faid
corporation, and that he signed his name as Vice President of
id corporation to said instrument by like order; and there-
upon , I..,-' �' acknowledged that he signed
upon said 9 Isaid
instrument as his free and voluntary act and that said
corporation
o
'or pra ti on executed said instrument, Corporate
as
Trustee, as
its free and voluntary act for the purposes and uses therein
set forth.
IN WITNESS WHEREOF) I have hereunto set my hand and
official seal this day of
✓d,
Notary
STATE OF NEW YORK
W,, led "qa,
SS:
AI Ch 30, �11171
COUNTY OF.NEW YORK
I certify that on this day Of
before me, a Notary' �'U"blic'irk and for
said County and Stat'6''appeared D. W. May , to me personally
known and known to be the individual whose name is signed to
the foregoing instrument, who, being, by me duly sworn, deposed
l � c .
and said that he resides in Yand"
of the fore -
thereupon D. W. may acknowledged the execution
going instrument, as Individual Trustee, as his free and
voluntary act for the purposes and uses therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and
/
official seal this day of P
otary Public
JrAN FNEVAAAM
N000'ry pvbli"
No. 2,1_j617
Quahfic'r in
CerflficWa filod Vh N"(.
Commi"'SiL)II Expilc"';