HomeMy WebLinkAboutUS Bank National Association - 2nd Amendment to Easement Agreement - 4.24.2006 7 17 oma
SECOND AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT
THIS SECOND AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (the
"Amendment") is made as of 6jer i Q �D-4 2006, between U.S. BANK NATIONAL
ASSOCIATION, a national banking association ("Bank") and the CITY OF WATERLOO, IOWA,
municipal corporation ("City")
A. Pursuant to the Reciprocal Easement Agreement dated as of September 19,
2005 (the "REA"), Bank and City agreed to encumber certain real property for the benefit of one
another with the easements as described herein.
B. Except as hereinafter specifically provided, all words in this Amendment
beginning with capital letters which are not normally capitalized shall have the meaning ascribed
to such words in the REA.
C. Bank and City desire to amend the REA to further extend the term until
October 31, 2006 subject to the terms and conditions of this Amendment.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Bank and City agree as follows:
1. The temporary easement rights contained in the REA are hereby extended until
October 31, 2006, and all references to the Agreement Termination Date shall be to October 31,
2006.
2. Bank and City represent and warrant that each has all the necessary approvals
and authority to enter into this Amendment, and shall indemnify and hold each other harmless
for any breach of this representation and warranty.
3. Bank and City represent and warrant that there are currently no defaults by either
party under the REA.
4. This Amendment may be executed in any number of counterparts, each of which
shall be an original, but such counterparts shall together constitute one and the same
instrument. Faxed signatures shall be considered originals.
5. All of the terms of the REA, as amended hereby, are hereby ratified and
confirmed.
WHEREFORE, Bank and City have executed this Amendment as of the date first above
written.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
BANK: U.S. BANK NATIONAL ASSOCIATION
By:
Its:
By:
Its:
STATE OF OHIO )
ss:
COUNTY OF HAMILTON )
This instrument was acknowledged before me by
and as and
respectively, of U.S. BANK NATIONAL ASSOCIATION,
a national banking association, on this day of 2006.
NOTARY PUBLIC - STATE OF OHIO
CITY: CITY OF WATERLOO, IOWA
By:
Timothy J. HurIV06yor
Attest::
Nancy Eckert, C' Clerk
STATE OF IOWA )
ss:
COUNTY OF BLACK HAWK )
On this da of 2006 before me the undersigned,Y g ed, a Notary
Public in and for the State of Iowa, duly commissioned and sworn, personally appeared Timothy
J. Hurley and Nancy Eckert, to me known to be the persons who signed as Mayor and City
Clerk, respectively, of the City of Waterloo, Iowa, that executed the within and foregoing
instrument, and acknowledged said instrument to be his/her free and voluntary act and deed
and the free and voluntary act and deed of the City of Waterloo, Iowa, for the uses and
purposes therein mentioned; and on oath stated that he/she was authorized to execute the said
instrument on behalf of said municipal corporation.
IN ITNESS WHEREOF I have hereunto set my hand and official seal this�day of
2006.
OTA Y PUBLIC - STATE OF I A
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