3615 Crestridge Dr - Declaration of Easements Doc. No. 1646996. , FILE AS PRESENTEb
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DECLARATION OF EASEMENTS
1646996
1
THIS DECLARATION OF EASEMENTS ("Declaration") is made this day of
October, 1999 by CSM Lodging, L.L.C., a Delaware limited liability company ("Declarant").
RECITALS
WHEREAS, Declarant is the fee owner of the real property situated in Dakota County,
Minnesota which is legally described as Lot 1, Block 1, TownePlace Suites Addition, Dakota
County, Minnesota (hereinafter, "Parcel I") and real property situated in Dakota County,
Minnesota which is legally described as Lot 2, Block 1, TownePlace Suites Addition, Dakota
County, Minnesota (hereinafter, "Parcel II") (together sometimes referred to herein as, the
"Parcels").
WHEREAS, Declarant desires to create various reciprocal easements over, under and
across the Parcels for access and parking purposes for the mutual benefit of the Parcels, as more
particularly described herein.
DECLARATION
NOW, THEREFORE, Declarant hereby declares that the Parcels shall be forever occupied,
held, sold and conveyed subject to and together with the private, perpetual and non-exclusive
reciprocal easements hereinafter described (the "Easements"), which Easements shall run with the
Parcels as appurtenant thereto, and shall be binding upon and inure to the benefit of all parties
having any right, title or interest in the Parcels, or any part thereof, including, without limitation
the respective Owner (as defined herein) of each of the Parcels and its heirs, administrators, legal
representatives, successors, devisees and assigns:
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DATE MOWED /// 899
THOMAS V. NO AK
DPKOTA COUNW TREATS MEA,AUOIT »I ,
1. Description of Easements.
a. Easements Over Parcel 1:
(1) Access Easement
An access easement for vehicular and pedestrian ingress, egress and
driveway purposes for the benefit of Parcel II over and across that
portion of Parcel I as depicted in Exhibit A -1 attached hereto, and
legally described in Exhibit A -2 attached hereto, or such area of
Parcel I as such drive aisles may be relocated or reconfigured from
time to time hereafter.
(2) Storm Sewer Easement
An easement for storm sewer purposes over, under and across that
portion of Parcel I for the benefit of Parcel II in the location depicted
Exhibit A -3 attached hereto, and legally described in Exhibit A -4
attached hereto.
(3) Ponding Easement
An easement for drainage and ponding purposes for the benefit of
Parcel II in the location depicted on Exhibit A -5 attached hereto, and
legally described in Exhibit A -6 attached hereto.
b. Easements Over Parcel II:
(1) Access Easement
An access easement for vehicular and pedestrian ingress, egress and
driveway purposes for the benefit of Parcel I over and across that
portion of Parcel II as depicted on Exhibit B -1 attached hereto, and
legally described in Exhibit B -2 attached hereto, or such other area
of Parcel II as such drive aisles may be relocated or reconfigured
from time to time hereafter.
(2) Parking Easement
An easement for vehicular parking purposes for the benefit of Parcel
I over and across that portion of Parcel II as depicted on Exhibit B -3
attached hereto, and legally described in Exhibit B-4 attached hereto.
In the event the owner of Parcel II wishes to terminate the parking
easement created by this Section, said owner shall complete
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installation and construction of substitute parking consisting of not
less than 18 paved spaces located on Parcel I in the proof of parking
area depicted and crosshatched on Exhibit B -5 attached hereto, and
legally described in Exhibit B-6 attached hereto, and shall obtain all
necessary governmental approvals for such parking area. Following
completion and acceptance of said substitute parking by the Owner
of Parcel I, the owners of the Parcels shall execute an amendment to
this Declaration terminating the parking easement created by this
Section.
2. .. Amendment of Declaration. A Owners of the Parcels agree to amend this
Declaration of record from time to time as may be necessary to reflect relocation of easements as
may be permitted hereunder. The Owners of Parcels I and II shall share equally in the cost of
preparation and recording of any amendment.
3. Definition of "Owner ". For purposes of this Declaration, the term "Owner" shall
be defined to mean one or more persons or entities holding a fee simple interest, or a vendee's
interest, in either or both of the Parcels, or any portion thereof, subject to this Declaration;
provided, however, that the term "Owner" shall not include any holder of a lien secured by all or
part of one or more of the Parcels, unless and until such lienholder acquires ownership in fee by
foreclosure, deed in lieu of foreclosure or otherwise.
4. Nature of Easements. The Easements created herein shall be appurtenant to Parcel
I and Parcel 11, as applicable, and any conveyance of fee title to Parcel I or Parcel II, or any
portion thereof, shall be deemed to include a conveyance of the Easements that are appurtenant to
Parcel I or Parcel II, as applicable, regardless of whether the Easements are specifically identified
in the instrument of conveyance. Nothing contained in this Declaration shall be deemed a gift or
dedication of any portion of the area of the Easements to the general public or for the general
public or for any public purpose.
5. Sipe, Use Maintnenace and Repair of Access and Par g ements. The
Easements referenced in Paragraphs 1(a)(1) and 1(b)(1) above (the "Access Easements ") shall be
used from time to time, subject to the terms of this Declaration, for the passage and use; both
pedestrian and vehicular, for ingress and egress purposes on and over the area of the Access
Easements ( "Access Area ") between and among Parcel I and Parcel II and to and from Crestridge
Drive and the adjacent public right of way.
The Access Easements shall at all times be for the use and benefit of the Owners of
the Parcels, as the case may be, and their respective heirs, administrators, legal representatives,
successors, devisees, assigns, agents, employees, contractors, customers, guests, tenants,
licensees, and invitees (collectively, "Affiliated Parties "). The Owners of the Parcels shall not
erect, install or maintain any barriers; fences, walls, ditches, barricades or other structures or
obstacles on or anywhere within the Access Area which would burden or interfere with, impede,
slow, divert or in any way prevent pedestrian or vehicular traffic from fully passing within,
through or across the Access Area. Except for the rights expressly granted above and to the
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Owners of the respective Parcels benefitted by the Access Easements, all rights in and to the
Access Area are hereby reserved to the Owner of the respective Parcel burdened by the Access
Easements, who may utilize the surface and subsurface of the Access Area located on its Parcel for
all uses and purposes that do not materially interfere with the rights expressly granted to said
benefitted Owner, and who may, subject to obtaining any necessary approvals from the City of
Eagan, relocate or reconfigure the Access Area on its Parcel from time to time, provided such
relocation or reconfiguration does not materially interfere with the rights expressly granted to said
benefitted Owners.
An Owner of any Parcel shall be obligated at its own expense to maintain and repair
that part of the Access Area' located on the Parcel owned by such Owner, as the case may be,
including without limitation, removal of all papers, debris, filth, refuse, snow and ice from the
Access Area and sealcoating, periodic sweeping or washing of the paved areas within the Access
Area and maintenance and repair of lighting fixtures located on the Parcel owned by such Owner,
all in accordance with generally accepted maintenance standards for first class transient lodging
properties in the Twin City Metropolitan Area, and in accordance with the terms and conditions of
this Declaration.
The Easement referenced in paragraph 1.b.(2) above (the "Parking Easement ")
shall be used from time to time, subject to the terms of this. Declaration, for the purpose of parking
of motor vehicles within such parking stalls now or hereafter striped and located upon the area of
the Parking Easement ( "Parking Area "). The Owner of Parcel II shall be responsible at its own
expense for maintaining and striping Parking Area and shall have the right to relocate or
reconfigure such stalls upon its Parcel.
The Parking Easement shall at all times be for the use and benefit of the Owner of
Parcel I, its heirs, administrators, legal representatives, successors, devisees, assigns, agents,
employees, contractors, customers, guests, tenants, licensees, and invitees.
The Owner of Parcel II shall not erect, install or maintain any barriers, fences, curbs, walls,
ditches, barricades or other structures or obstacles on or anywhere within the Parking Area which
would burden or interfere with, impede, slow, divert or in any way prevent parking within the
Parking Area. The Owner of Parcel II shall further be obligated at its own expense to remove all
papers, debris, filth, refuse, snow and ice from and sweep or wash paved areas of the Parking
Area in accordance with generally accepted maintenance standards for first class transient lodging
properties in the Twin City Metropolitan Area.
The Access Easements and Parking Easement shall at all times be for the use and benefit of the
Owners of Parcel I and Parcel II, as the case may be, and their heirs, administrators, legal
representatives, successors, devisees, assigns, agents, employees, contractors, customers, guests,
tenants, Iicensees, and invitees.
6. Use, Scope, Maintenance and Repair of Storm Sewer Easement. The easement
referenced in paragraph 1.a.(2) above (the "Storm Sewer Easement ") shall be used from time to
time, subject to the terms of this Declaration, for the installation, reinstallation, maintenance,
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repair, operation and replacement of an underground storm sewer line ( "Storm Sewer Line ") lying
within the area of the Storm Sewer Easement ( "Storm Sewer Area ") that serves the Parcels.
Notwithstanding anything contained herein to the contrary, the construction or placement of trunk
storm sewer or drainage lines within the Storm Sewer Area by the Owner of Parcel II shall be
prohibited.
The Storm Sewer Easement shall at all times be for the use and benefit of the
Owner of Parcel II, and its Affiliated Parties. However, nothing in this Declaration shall prevent,
and there is hereby reserved to the Owner of Parcel I, the right (i) to drain surface water into and
through the Storm Sewer Line, and (ii) to install, reinstall, maintain, repair and replace, from time
to time, paved parking areas, curbing, trees, shrubs, vegetation or landscaping within or upon the
Storm Sewer Area. Except for the rights expressly granted above to the Owner of Parcel II, all
rights in and to the Storm Sewer Area are hereby reserved to the Owner of Parcel I, who may use
or install any improvements on or within the Storm Sewer Area for all uses and purposes that do
not materially interfere with the rights expressly granted to the Owner of Parcel II.
All necessary maintenance, repair and replacement cost of the Storm Sewer Line
shall be performed by the Owner of Parcel I and allocated between the Owners of Parcels I and II,
in equal shares. All maintenance, repair and replacement of the Storm Sewer Line shall be in
accordance with generally accepted maintenance standards for first class industrial real estate in the
Twin City Metropolitan Area. . In the event any Owner or its Affiliated Parties performs
excavations or otherwise damages or disturbs any Storm Sewer Area in the course of maintenance,
repair, replacement, or other activity or usage of the Storm Sewer Area or Storm Sewer Line
located therein, that party shall promptly restore the excavated, damaged or disturbed area to
substantially the same condition as existed immediately prior to the excavation, damage or
disturbance.
7. Use Scope. Maintenance and Repair of Ponding Easement. The easement
referenced in paragraph 1.a.(3) above (the "Ponding Easement ") shall be used for the purposes of
installation, reinstallation, maintenance, repair, operation and replacement of the pond ( "Pond ")
located on Parcel I within the Pond area (the "Pond Area ") and for purposes of drainage and
collection of storm water into the Pond.
The Ponding Easement shall at all times be for the use and benefit of the Owner of
Parcel II, and its Affiliated Parties. However, nothing in this Declaration shall prevent, and there
is hereby reserved to the Owner of Parcel I, the right to drain storm water into the Pond. Except
for the rights expressly granted above to the Owner of Parcel II, all rights in and to the Pond Area
are hereby reserved to the Owner of Parcel I, who may use or install any improvements on or
about the Pond Area for all uses and purposes that do not materially interfere with the rights
expressly granted to the Owner of Parcel IL
All necessary maintenance, repair and replacement cost of the Pond located on
Parcel I shall be performed by the Owner of Parcel I and paid by the Owners of Parcels 1 and II, in
equal shares. Any party or entity who obtains the right to drain into the Pond after the date of this
Declaration shall share equally in all such maintenance, repair and replacement costs with the
Owners as noted above. All maintenance, repair and replacement of the Pond shall be in
accordance with generally accepted maintenance standards for first class transient lodging facilities
in the Twin City Metropolitan Area.
8. Self -Help Remedies. If either Owner shall default with respect to any of its
obligations set forth herein (including its maintenance obligations) and shall fail within thirty (30)
days after receipt of written notice from the other Owner to cure such default, then the
nondefaulting party Owner shall have the right, at its election, but not the obligation, and in
addition to such other rights and remedies as may be available at law or in equity, to cure such
default for the account of the defaulting Owner, and shall be reimbursed by the defaulting Owner
for the reasonable cost and expenses so incurred (including attorney's fees) within ten (10) days of
receipt of written demand for payment, together with reasonable documentation substantiating said
costs and expenses, any sums not reimbursed within said ten (10) clay period shall bear interest
thereon at the rate of fifteen percent (15 %) per annum, or the highest lawful rate, whichever is
lower. The thirty (30) day cure period shall be extended in cases where the default cannot be cured
within thirty (30) days but can be cured during a longer time, so long as the defaulting Owner is
diligently pursuing such cure. In the event of an emergency, no prior notice shall be required to be
given by the nondefaulting Owner prior to exercising its remedies hereunder so long as the
nondefaulting Owner provides written notice of such emergency to the defaulting Owner promptly
upon completion of cure.
9. Indemnification and Waiver of Subation. Each Owner, for itself, and for its
respective heirs, administrators, legal representatives, successors, devisees and assigns in title to
Parcel I and Parcel II, respectively, shall indemnify and hold harmless the Owner (and any
mortgagee now or hereafter of record) of the other Parcel, from and against any and all damages,
liability, fees, penalties and claims, including without limitation, those for personal injury,
wrongful death or property damage arising out of or related to the negligent actions or omissions of
the indemnifying Owner relative to this Declaration. This indemnity shall be binding upon the
Owners of the Parcels and their successors -in- interest only with respect to matters or events which
occurred during the period the indemnifying party was in record title to either Parcel I or Parcel II,
as applicable.
Each Owner hereby releases the other Owner from any liability for any loss or damage to its
property or the improvements located on its Parcel to the extent the loss or damage is covered by
property insurance, regardless of the negligence on the part of the other Owner, it being the intent
of the Owners to waive any right or claim which might give rise to a right of subrogation in any
insurance carrier.
10. Arbitration. All disputes concerning this Declaration shall be resolved by binding
arbitration under the Rules of the American Arbitration Association. In any such action or
proceeding brought to enforce any of the terms of this Declaration, including the indemnification
terms, the prevailing party shall be entitled to an award of its costs and disbursements, including
reasonable attorneys' fees and costs.
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11. Binding Effect. The provisions of this Declaration shall constitute covenants
running with and be binding upon Parcel I and Parcel II, as the case may be, and shall inure to the
benefit of and be binding upon the Owners of the respective Parcels, and their heirs,
administrators, legal representatives, successors, devisees and assigns in title, and any other party
acquiring all or any portion of the Parcels or any interest therein whether by operation of law or
other means. All of the provisions of this Declaration shall be enforceable as equitable servitudes
and constitute covenants running with the land pursuant to applicable law. This Declaration may
not be voluntarily terminated except with the prior consent of the City of Eagan, which may be
withheld in its sole discretion.
12. Severability. If any provision of this Declaration shall be invalid or unenforceable
to any extent, the remainder of this Declaration and the application of such provision to other
persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent
permitted by law.
13. Captions. The captions preceding the text of each article and section hereof are
included only for convenience of reference and shall be disregarded in the construction and
interpretation of this Declaration.
14. Governing Law. This Declaration shall be construed under and enforced in
accordance with the laws of the State of Minnesota.
written.
IN WITNESS WHEREOF, this Declaration is executed as of the date and year first above
STATE OF MINNESOTA
COUNTY OF RAMSEY
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CSM LODGING, L.C.
By: CSM ' ' OPERT INC., Manager
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By:
Its:
The foregoing instrument was acknowledged before me this i day of October, 1999,
by KA. 0 p(� t� yt b e , the Vice - President of CSM Properties, Inc., a
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Minnesota corporation, Manager of CSM Lodging, L.L.C., a Delaware limited liability company,
on behalf of the corporation and the company, respectively.
THIS INSTRUMENT DRAFTED BY:
David J. Yung, Esq.
CSM CORPORATION
2575 University Ave. W., Suite 150
St. Paul, MN 55114 -1024
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a r JOAN M. KUSCHKE
NOTARY PUBLIC —MINK A
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EXHIBIT / -
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EXHIBIT A
ACCESS EASEMENT OVER PARCEL 1
An easement, 24 feet wide, over under and across Lot 1, Block 1, Towneplace Suites Addition, the
centerline of said easement being described as follows:
Commencing at the northwest corner of said Lot 1; thence South 63 degrees 18 minutes 20.
seconds East along the north line of said Lot I a distance of45.26 feet to the point of beginning of -
the centerline to be described; thence South 26 degrees 19 minutes 11 seconds West a distance of
112.95 feet; thence South 63 degrees 40 minutes 49 seconds East a distance of28.40 feet; thence
East a distance of 93.20 and there said centerline terminating.
Together with an easement, over, under and across Lot 1, Block 1, Towneplace Suites Addition, said
easement lies 28 feet north of and 24 feet south of the following described Iine:
Beginning at the end of the previous described centerline; thence East a distance of 97.61 feet and
there said line terminating.
An easement, 24 feet wide, over, under and across Lot 1, Block 1, Towneplace Suites Addition, the
centerline of said easement being described as follows:
Beginning at the end of the previous described line; thence East a distance of 231.05 feet to the
east line of said Lot 1 and there said centerline terminating.
An easement, 24 feet wide, over, under and across Lot 1, Block I, Towneplace Suites Addition, the
centerline of said easement being described as follows:
Beginning at the end of the previous described line; thence West a distance of 51.88 feet; thence
North a distance of 24.73 feet to the north line of said Lot 1 and there said centerline terminating.
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EXHIBIT A---
STORM SEWER EASEMENT OVER PARCEL 1
An easement, 20 feet wide, over, under and across Lot 1, Block 1, Towneplace Suites Addition, the
centerline of said easement being described as follows:
Commencing at the northwest corner of said Lot 1; thence South 63 degrees 18 minutes 20
seconds East along the north line of said Lot 1 a distance of 60.51 feet•, thence South 23 degrees
07 minutes 14 seconds East along the north line of said Lot ! a distance of 76.26 feet; thence
South 89 degrees 54 minutes 15 seconds East along the north line of said Lot 1 a distance of 56.11
feet to the point of beginning of the centerline to be described; thence South 41 degrees 34
minutes 08 seconds West distance of 12.23 feet; thence South 84 degrees 11 minutes 25 seconds
West a distance of 109.87 feet; thence South 26 degrees 17 minutes 38 seconds West a distance of
98.10 feet; thence South 28 degrees 00 minutes 55 seconds East a distance 91 111.75 feet and there
said centerline terminating.
Together wilh an easement, 20 feet wide, over, under and across Lot 1, Block 1, Towneplace Suites
Addition, the centerline of said easement being described as follows:
Commencing at the end of the previous described centerline; thence South 77 degrees 38 minutes
32 seconds East a distance of 57.12 feet to the beginning of the line to be described; thence South
63 degrees 06 minutes 45 seconds East a distance of 130.33 feet and there said centerline
terminating.
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EXHIBIT AXp
PONDING EASEMENT OVER PARCEL 1
An easement, over, under and across Lot 1, Block 1, Towneplace Suites Addition, the said easement being
described as follows:
Commencing at the northwest corner of said Lot 1; thence South 63 degrees 18 minutes 20
seconds East along the north line of said Lot 1 a distance of 60.51 feet; thence South 23 degrees
07 minutes 14 seconds East along the north line of said Lot 1 a distance of 76.26 feet; thence
South 89 degrees 54 minutes 15 seconds East along the north line of said Lot 1 a distance of 56.11
feet; thence South 41 degrees 34 minutes 08 seconds West distance of 12.23 feet; thence South 84
degrees 11 minutes 25 seconds West a distance of 109.87 feet; thence South 26 degrees 17
minutes 38 seconds West a distance of 98.10 feet; thence South 28 degrees 00 minutes 55 seconds
East a distance of 83.32 feet to the beginning of the area to be described; thence East a distance of
99.69 feet; thence South a distance of 71.66 feet; thence West a distance of 112.14 feet; thence
North a distance of 71.66 feet; thence East a distance of 12.45 feet to the point of beginning.
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ACCESS EASEMENT OVER PARCEL II
An easement, 24 feet wide, over, under and across Lot 2, Block 1, Towneplace Suites Addition, the
centerline of said easement being described as follows:
Commencing at the northeast corner'of said Lot 2; thence South 0 degrees 54 minutes 51 seconds _
East along the east line of said Lot 2 a distance of 68.24 feet to the point of beginning of the
centerline to be described; thence West a distance of 49.48 feet; thence South a distance of 77.12
feet to the hereafter referred to Point A; thence South a distance of 48.30 feet to the south line of
said Lot 2 and there said centerline terminating.
Together with an easement, 24 feet wide, over, under and across Lot 2, Block 1, Towneplace Suites
Addition, the centerline of said easement being described as follows:
Beginning at.said Point A; thence West a distance of35 .25 feet to the west line of said Lot 2 and
there said centerline terminating.
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EXHIBIT B--'
PARKING EASEMENT OVER PARCEL II
An easement, 20 feet wide, over, under and across Lot 2, Block 1, Towneplace Suites Addition, the south
line of said easement being described as follows: -
Commencing at the most southwesterly comer of said Lot 2; thence North 23 degrees 07 minutes
14 seconds East along the west line of said Lot 2 a distance of 6.17 feet; thence East a distance. of
10.14 feet to the point of beginning of the line to be described; thence East a distance of 323.50
feet and there said line terminating.
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PROOF OF FUTURE PARKING AREA OVER. PARCEL I
An area, over, under and across Lot 1, Block 1, Towneplace Suites Addition, described as follows:
Commencing at the northwesterly comer of said Lot 1; thence South 63 degrees 18 minutes 20
seconds East along the north Iine of said Lot 2 a distance of 46.05. feet; thence South 26 degrees
39 minutes 37 seconds West a distance of 221.32 feet to the beginning of the area to be described;
thence South 63 degrees 20 minutes 23 seconds East a distance of 39.36 feet; thence South 26
degrees 39 minutes 37 seconds West a distance o'91.00 feet; thence North 63 degrees 20 minutes
23 seconds West a distance of 68.72 feet ; thence North 26 degrees 39 minutes 37 seconds West a
distance of 91.00 feet; ; thence South 63 degrees 20 minutes 23 secondsEast a distance of 29.36
feet to the point of beginning.
Jefferson -Pilot Life Insurance Company, a North Carolina corporation, as Mortgagee under that certain Mortgage,
Security Agreement and Fixture Filing owned by the undersigned, dated as of December 30, 1997, 'executed by
CSM Lodging, L.L.C., a Delaware limited liability company, as Mortgagor, to Mortgagee, and recorded January
14, 1998, in the office of the County Recorder in and for Dakota County, Minnesota, as DacUment No. 1469352,
does hereby consent to the foregoing Declaration of Easements.
Dated: October 13 , 1999 B
STATE OF North Carolina )
)ss.
COUNTY OF Guilford
g u omelmiscdatayoan \wplconveApconsent.doc
CONSENT TO DECLARATION OF EASEMENTS
JEFFERSON -PILOT LIFE C
INSURANCE COMPANY
Its Second Vice President
The foregoing instrument was acknowledged before me this 1 3th day of October , 1999, by _
William M. Stephens the 2nd Vice President ofJefferson- Pilot Life Insurance Company, a North
Carolina corporation, on behalf of the corporation.
i cbP.A )27
Notary Public
My Commission Expires: 9/4/2000