1
EXHIBIT 10.6 (A) Richland County
PARTIAL RELEASE OF MORTGAGE
Old Kent Bank, successor in interest to Old Kent Bank and Trust
Company, as mortgagee (the "Mortgagee"), under that certain Open-End Mortgage,
Assignment of Rents and Security Agreement from D.I.Y. Home Warehouse, Inc., an
Ohio corporation, as mortgagor (the "Mortgagor"), dated December 23, 1994,
RECORDED WITH THE RICHLAND COUNTY, OHIO RECORDER ON DECEMBER 27, 1994, IN
OFFICIAL RECORD VOLUME 344, PAGE 1, given as security for payment of the
indebtedness of the Mortgagor to the Mortgagee, for value received, hereby
releases from the terms of the Mortgage all of the Mortgagee's interest in the
property that is subject to the Mortgage, which property is described in Exhibit
A attached hereto.
IN WITNESS WHEREOF, the undersigned has executed this Partial Release
of Mortgage as of this 28th day of October, 1998.
Signed and acknowledged
in the presence of: OLD KENT BANK, as successor in interest to
Old Kent Bank and Trust Company
/s/ LEO C. KUJAWA By: /s/ ROBERT F. GRANT
- - ---------------------- -------------------------
Name: Leo C. Kujawa Name: Robert F. Grant
Its: Senior Vice President
/s/ PAUL G. IRWIN
- - ----------------------
Name: Paul G. Irwin
2
EXHIBIT 10.6 (B) Stark County
PARTIAL RELEASE OF MORTGAGE
Old Kent Bank, successor in interest to Old Kent Bank and Trust
Company, as mortgagee (the "Mortgagee"), under that certain Open-End Mortgage,
Assignment of Rents and Security Agreement from D.I.Y. Home Warehouse, Inc., an
Ohio corporation, as mortgagor (the "Mortgagor"), dated December 23, 1994,
RECORDED WITH THE STARK COUNTY, OHIO RECORDER ON DECEMBER 27, 1994, IN OFFICIAL
RECORD VOLUME 1758, PAGE 155, given as security for payment of the indebtedness
of the Mortgagor to the Mortgagee, for value received, hereby releases from the
terms of the Mortgage all of the Mortgagee's interest in the property that is
subject to the Mortgage, which property is described in Exhibit A attached
hereto.
IN WITNESS WHEREOF, the undersigned has executed this Partial Release
of Mortgage as of this 28th day of October, 1998.
Signed and acknowledged
in the presence of: OLD KENT BANK, as successor in interest to
Old Kent Bank and Trust Company
/s/ LEO C. KUJAWA By: /s/ ROBERT F. GRANT
- - ------------------------ --------------------------
Name: Leo C. Kujawa Name: Robert F. Grant
Its: Senior Vice President
/s/ PAUL G. IRWIN
- - ------------------------
Name: Paul G. Irwin
3
EXHIBIT 10.6 (C) Summit County
PARTIAL RELEASE OF MORTGAGE
Old Kent Bank, successor in interest to Old Kent Bank and Trust
Company, as mortgagee (the "Mortgagee"), under that certain Open-End Mortgage,
Assignment of Rents and Security Agreement from D.I.Y. Home Warehouse, Inc., an
Ohio corporation, as mortgagor (the "Mortgagor"), dated December 23, 1994,
RECORDED WITH THE SUMMIT COUNTY, OHIO RECORDER ON DECEMBER 27, 1994, IN OFFICIAL
RECORD VOLUME 1828, PAGE 670, given as security for payment of the indebtedness
of the Mortgagor to the Mortgagee, for value received, hereby releases from the
terms of the Mortgage all of the Mortgagee's interest in the property that is
subject to the Mortgage, which property is described in Exhibit A attached
hereto.
IN WITNESS WHEREOF, the undersigned has executed this Partial Release
of Mortgage as of this 28th day of October, 1998.
Signed and acknowledged
in the presence of: OLD KENT BANK, as successor in interest to
Old Kent Bank and Trust Company
/s/ LEO C. KUJAWA By: /s/ ROBERT F. GRANT
- - ----------------------- --------------------------
Name: Leo C. Kujawa Name: Robert F. Grant
Its: Senior Vice President
/s/ PAUL G. IRWIN
- - -----------------------
Name: Paul G. Irwin
4
EXHIBIT 10.6 (D) Summit County
PARTIAL RELEASE OF MORTGAGE
Old Kent Bank, successor in interest to Old Kent Bank and Trust
Company, as mortgagee (the "Mortgagee"), under that certain Open-End Mortgage,
Assignment of Rents and Security Agreement from D.I.Y. Home Warehouse, Inc., an
Ohio corporation, as mortgagor (the "Mortgagor"), dated September 15, 1995,
RECORDED WITH THE SUMMIT COUNTY, OHIO RECORDER ON SEPTEMBER 18, 1995, IN
OFFICIAL RECORD VOLUME 2011, PAGE 370, given as security for payment of the
indebtedness of the Mortgagor to the Mortgagee, for value received, hereby
releases from the terms of the Mortgage all of the Mortgagee's interest in the
property that is subject to the Mortgage, which property is described in Exhibit
A attached hereto.
IN WITNESS WHEREOF, the undersigned has executed this Partial Release
of Mortgage as of this 28th day of October, 1998.
Signed and acknowledged
in the presence of: OLD KENT BANK, as successor in interest to
Old Kent Bank and Trust Company
/s/ LEO C. KUJAWA By: /s/ ROBERT F. GRANT
- - ----------------------- -------------------------
Name: Leo C. Kujawa Name: Robert F. Grant
Its: Senior Vice President
/s/ PAUL G. IRWIN
- - -----------------------
Name: Paul G. Irwin
5
EXHIBIT 10.6 (E) Trumbull County
PARTIAL RELEASE OF MORTGAGE
Old Kent Bank, successor in interest to Old Kent Bank and Trust
Company, as mortgagee (the "Mortgagee"), under that certain Open-End Mortgage,
Assignment of Rents and Security Agreement from D.I.Y. Home Warehouse, Inc., an
Ohio corporation, as mortgagor (the "Mortgagor"), dated September 15, 1995,
RECORDED WITH THE TRUMBULL COUNTY, OHIO RECORDER ON SEPTEMBER 18, 1995, IN
OFFICIAL RECORD VOLUME 960, PAGE 812, given as security for payment of the
indebtedness of the Mortgagor to the Mortgagee, for value received, hereby
releases from the terms of the Mortgage all of the Mortgagee's interest in the
property that is subject to the Mortgage, which property is described in Exhibit
A attached hereto.
IN WITNESS WHEREOF, the undersigned has executed this Partial Release
of Mortgage as of this 28th day of October, 1998.
Signed and acknowledged
in the presence of: OLD KENT BANK, as successor in interest to
Old Kent Bank and Trust Company
/s/ LEO C. KUJAWA By: /s/ ROBERT F. GRANT
- - ------------------------- --------------------------
Name: Leo C. Kujawa Name: Robert F. Grant
Its: Senior Vice President
/s/ PAUL G. IRWIN
- - -------------------------
Name: Paul G. Irwin
6
EXHIBIT 10.6 (F) Medina County
PARTIAL RELEASE OF MORTGAGE
Old Kent Bank, successor in interest to Old Kent Bank and Trust
Company, as mortgagee (the "Mortgagee"), under that certain Open-End Mortgage,
Assignment of Rents and Security Agreement from D.I.Y. Home Warehouse, Inc., an
Ohio corporation, as mortgagor (the "Mortgagor"), dated April 28, 1995, RECORDED
WITH THE MEDINA COUNTY, OHIO RECORDER ON APRIL 28, 1995, IN OFFICIAL RECORD
VOLUME 1030, PAGE 175, given as security for payment of the indebtedness of the
Mortgagor to the Mortgagee, for value received, hereby releases from the terms
of the Mortgage all of the Mortgagee's interest in the property that is subject
to the Mortgage, which property is described in Exhibit A attached hereto.
IN WITNESS WHEREOF, the undersigned has executed this Partial Release
of Mortgage as of this 28th day of October, 1998.
Signed and acknowledged
in the presence of: OLD KENT BANK, as successor in interest to
Old Kent Bank and Trust Company
/s/ LEO C. KUJAWA By: /s/ ROBERT F. GRANT
- - ----------------------- -------------------------
Name: Leo C. Kujawa Name: Robert F. Grant
Its: Senior Vice President
/s/ PAUL G. IRWIN
- - -----------------------
Name: Paul G. Irwin