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JAN-17--2006 11:24 CITY OF 5B MAYORS OFFICE 574 235 9992 <br />P.02 <br />PARTIAL RELEASE OF OPEN-END MORTGAGE <br />AND SECURITY AGREEMENT <br />This PARTIAL RELEASE OF MORTGAGE is made as of the 1 day of <br />January, 2006 (the "Partial Release"), by FIFTH THIRD BANK, an Ohio banking <br />corporation located at 38 Fountain Square Plaza, Cincinnati, Ohio 45269, for itself and as <br />agent for any affiliate of Fifth Third Bancorp (the "Mortgagee") in favor of ANCHOR <br />SOUTH BEND, LLC, an Indiana limited liability company located at 30 West Third <br />Street, Cincinnati, Ohio 45202 (the "Mortgagor"): <br />WHEREAS, on April 26, 2005, the Mortgagor granted a mortgage in favor of the <br />Mortgagee pursuant to an Open-EDd Mortgage and Security Agreement (the "Mortgage") <br />as security for a Revolving Note (as defined in the Mortgage) in an amount not to exceed <br />S10,400,000.00, which Mortgage was recorded on May 6, 2005, as Document No. <br />0519526 in the Office of the Recorder of St, Joseph County, Indiana; and <br />WHEREAS, on September 28, 2005, the Mortgagor and the Mortgagee <br />subsequently entered into a First Amendment to Open -End Mortgage and Security <br />Agreement (the "First Amendment") amending the Mortgage, which First Amendment <br />was recorded on October 5, 2005, as Document No. 0546225 in the Office of the <br />Recorder of St. Joseph County, Indiana; and <br />WHEREAS, the Mortgage, as amended, grants a mortgage on the real property <br />described at Exhibit A (the "Mortgaged Property"); and <br />WHEREAS, the Mortgagor desires to donate two small parcels of the Mortgaged <br />Property described at Exhibits B C and D (collectively, the "Released Property") to the <br />City of South Bend, Indiana (the, "City") to allow the City to construct certain local <br />public improvements thereon which will have the effect of increasing the access to, and <br />thus increase the value of, the Mortgaged Property (the "Improvements"); and <br />WHEREAS, the Mortgagee desires to release the Mortgage as to the Released. <br />Property in order to allow the Mortgagor to donate the Released Property to the City and <br />to allow the City to complete the Improvements. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and <br />adequacy of which is hereby acknowledged, the Mortgagee hereby releases the Mortgage <br />as to the Released Property in order to allow the Mortgagor to donate the Released <br />Property to the City and allow the City to complete the Improvements. <br />a tn u''-3 <br />0 <br />MQ►., <br />a <br />0M' <br />Enw <br />eyx� <br />M <br />;o <br />tn <br />O� <br />E. <br />tn <br />�U <br />G.'IDOCUME—IISAGNTERi�iLOGtGS—II7'enplG3i'YiC-WMPar(ial Release o Mart, m <br />f Pt�e (�IRChOI' Pro ertitrs <br />�. <br />[`� <br />CJ <br />P ,c10C <br />� <br />{..► <br />� <br />x <br />