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HomeMy WebLinkAboutAssignment of Notice of Assmnt C-PACE Lien Madison StationINSTRUMENT PREPARED BY AND WHEN RECORDED, RETURN TO: Instrument # 465763 REXBURG, MADISON, IDAHO 12-31-2024 11:17:17 AM No. of Pages: 5 Greenworks Lending LLC Recorded for: CITY OF REXBURG KIM H. MUIR Fee: 22.00 c/o Nuveen Green Capital Ex-officio Recorder Deputy 19 Old Kings Highway South, Suite 210 Darien, Connecticut 06820 Attention: Randall Abbott, Esq. ASSIGNMENT OF NOTICE OF ASSESSMENT AND C-PACE LIEN AND ASSIGNMENT OF ASSESSMENT AGREEMENT This ASSIGNMENT OF NOTICE OF ASSESSMENT AND C-PACE LIEN AND ASSIGNMENT OF ASSESSMENT AGREEMENT (this "Assignment") is dated as of December 30, 2024 by the City of Rexburg, Idaho ("Assignor"), to Greenworks Lending LLC, a Delaware limited liability company (together with its successors and assigns, "Assignee"). For value received, Assignor hereby grants, assigns and transfers to Assignee, without recourse or warranty of any kind, express or implied, all of Assignor's rights in, title to, and interest under, that certain Notice of Assessment and C-PACE Lien, dated as of December 30, 2024, by Madison Station SPE, LLC, a Delaware limited liability company ("Property Owner") and Assignor, recorded on December 31, 2024 as Instrument No. U 6:5 1b '�- in the office of the records of Madison County, State of Idaho (the "Notice of Assessment Interest"), and the Assessment Agreement dated as of December 30, 2024 (the "Assessment Agreement"), among Property Owner, Assignee and Assignor and attached to such Notice of Assessment Interest, together with the obligations secured by the C-PACE Lien (as such term is as defined in the Assessment Agreement) and all other instruments, documents and certificates executed in connection therewith. Assignee hereby accepts all of Assignor's rights in, title to, and interest under the Assessment Agreement, the Notice of Assessment Interest and the C-PACE Lien, together with the obligations secured by the C-PACE Lien and all other instruments, documents and certificates executed in connection therewith. Consistent with Section 67-3808(4) of the Commercial Property Assessed Capital Expenditure Act, Chapter 38 of Title 67, Idaho Code, as amended, by accepting this Assignment, Assignee agrees for the benefit of Assignor that Assignee shall be solely responsible for the billing and collection of the Assessment and for enforcing the obligation of Property Owner to pay the Assessment described in the Assessment Agreement, including pursuing a foreclosure of the C-PACE Lien in accordance with Chapter 15 of Title 45, Idaho Code. Assignor shall have no obligation to pursue such foreclosure on behalf of Assignee, or to otherwise participate in such foreclosure, except to the extent that any action on the part of Assignor or any official of Assignor is required in order to allow Assignee to prosecute or effectuate the foreclosure under Chapter 15 of Title 45, Idaho Code, or to ratify or confirm any action of Assignee taken in furtherance of the foregoing, as contemplated in Resolution No. 2024-15 adopted by the Local Government on November 7, 2024. The Assignee may assign any or all of its rights under the Assessment Agreement without the consent of Assignor or the Property Owner, provided that the Assignee provides notice of the assignment to the Assignor and the Property Owner. Signatures appear on following page IN WITNESS WHEREOF, Assignor has executed this Assignment as of the day and year first above written. "ASSIGNOR" CITY OF REXBURG, IDAHO By: Q Name: Bret Stoddard Title: Buildiniz Official STATE OF IDAHO COUNTY OF MADISON Before me, JK1 oa " �7abt , a Notary Public in and for the State and County aforesaid, personally appeared Bret Stoddard, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the Building Official of the City of Rexburg, Idaho, the within -named bargainor, a Local Government, and that he as such Building Official, being duly authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the Local Government by himself as such Building Official. WITNESS my hand and seal at office, on this the 2 � day of � b�' , 202%q My Commission Expires: 2��312� of Public [seal] �`?NA A UB L%C) o; "ASSIGNEE" GREENWORKS LENDING LLC, a Delaware limited liability company Name: Linda Baxter Title: Senior Legal Assistant and Contracts Administrator STATE OF CONNECTICUT COUNTY OF FAIRFIELD On thisjo ` day of December, 2024, before me, the undersigned, a Notary Public, in and for said State, personally appeared Linda Baxter, known to me, or identified to me on the basis of satisfactory evidence, to be the Senior Legal Assistant and Contracts Administrator of the company that executed the instrument and that the foregoing instrument was signed on behalf of said company being duly authorized to do so and acknowledged to me that such company executed the same. WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) *L&1 Notary Public � t Residing at: labu \-�A 5�� ��1� , C)QAC-n) Cam' Olo$ zjI s Commission Expires: MACKEN LEY COLINET NOTARY PUBLIC My Commission Eores Nov. 30, 2025 4 EXHIBIT A LEGAL DESCRIPTION MADISON STATION SPE LLC PARCEL 2 - 8.56 ACRES NEW SITUATED N THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF LOT 7, BLOCK 2 WESTATES SUBDIVISION AND PART OF THE SOUTHEAST'h, SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 FAST, OF B.M., BENG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A REBAR WITH BRASS CAP FOUND MARKING THE SOUTH '/A CORNER OF SAID SECTION 25; THENCE NORTH 89°46'34" EAST, A DISTANCE OF 1,320.02 FEET ALONG THE SOUTH LINE OF SAID SECTION 25 TO A POINT; THENCE NORTH 00°16'13" WEST, A DISTANCE OF 1044.46 FEET WITH EAST LINE OF PIONEER VILLAGE SUBDIVISION TO A 5/8" REBAR WITH A PLASTIC CAP FOUND TO THE POINT OF BEGINNING; THENCE NORTH 00*16'13" WEST, A DISTANCE OF 604.85 FEET TO A POINT; THENCE NORTH 89°47'52" EAST, A DISTANCE OF 599.95 FEET TO A POINT; THENCE NORTH 00015'55" WEST, A DISTANCE OF 151.68 FEET TO A POINT; THENCE ALONG A NONJANGENT CURVE TO THE LEFT, HAVING A DELTA ANGLE 060IT06", A RADIUS OF 834.44 FEET, AN ARC LENGTH OF 92.02 FEET, WITH A CHORD BEARING OF NORTH 74005'39" EAST, AND A CHORD LENGTH OF 91.97 FEET: THENCE SOUTH 22024'20" EAST, A DISTANCE OF 36.59 FEET TO A POINT; THENCE SOUTH 69019' 17" EAST, A DISTANCE OF 41.02 FEET TO A POINT; THENCE SOUTH 45°00'00" EAST, A DISTANCE OF 164.33 FEET TO A POINT; THENCE SOUTH 30°07' 14" WEST, A DISTANCE OF 130.89 FEET TO A POINT; THENCE NORTH 58045'44" WEST, A DISTANCE OF 123.73 FEET TO A POINT; THENCE SOUTH 32043'00" WEST, A DISTANCE OF 140.41 FEET TO A POINT; THENCE SOUTH 18*47-36" WEST, A DISTANCE OF 45.69 FEET TO A POINT; THENCE SOUTH 29013'55" WEST, A DISTANCE OF 175.53 FEET TO A POINT; THENCE SOUTH 43045'00" WEST, A DISTANCE OF 143.06 FEET TO A POINT; THENCE SOUTH 46*15'00" EAST, A DISTANCE OF 137.22 FEET TO A POINT; TIIENCE SOUTH 57'15'11" EAS r, A DISTANCE OF 10 1. 13 FEET TO A POINT; THENCE SOUTH 89-43-47" WEST, A DISTANCE OF 590.83 FEET TO THE POINT OF BEGINNING. CONTAINING 8.56 ACRES OF LAND, MORE OR I.FSS. THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856 IN DECEMBER 2024, AND IS SUBJECT TO EASEMENTS AND RIGHTS - OF -WAY OF RECORD. Parcel ID: RPR6N39E251804