Delaware Corp., et al. - Page 10

                                       - 10 -                                         
               hand paid by DC to Havens and to Barber and the receipt                
               of which is hereby acknowledged and for other good and                 
               valuable considerations including the mutual promises                  
               contained herein the parties agree as follows:                         
               1.   The Caroline County property will be transferred                  
                    to DC for consideration of $715,000.00, which                     
                    includes the assumption by DC of the existing                     
                    indebtedness in favor of Colonial Farm Credit ACA                 
                    [in] the approximate amount of $394,800.00.  This                 
                    transfer will be by way of a land sales contract.                 
                    The difference between the present indebtedness of                
                    $394,800.00 and $715,000.00 will be evidenced by a                
                    promissory note payable to Havens bearing interest                
                    at the lowest rate allowed by law to prevent the                  
                    imputation of interest.  Such note shall be due                   
                    and payable upon the sale of the Caroline County                  
                    property.  If the parties terminate this agreement                
                    or at DC’s option if the management contract re-                  
                    ferred to herein is not renewed, DC will convey                   
                    its interest in the property back to Havens, the                  
                    aforesaid note shall be cancelled and DC will be                  
                    relieved from any further obligations for payment                 
                    under the indebtedness to Colonial Farm Credit                    
                    ACA.  Any moneys spent by DC for maintenance or                   
                    for interest on the indebtedness will be at DC’s                  
                    expense not to be reimbursed to DC if the Caroline                
                    property is reconveyed to Havens.                                 
               2.   The Virginia Beach property will be transferred to                
                    DC for consideration of $300,000.00, which in-                    
                    cludes the assumption by DC of the existing in-                   
                    debtedness in favor of Crestar Mortgage Corp. [in]                
                    the approximate amount of $172,000.00.  This                      
                    transfer will be by way of a land sales contract.                 
                    The difference between the present indebtedness of                
                    $172,000.00 and $300,000.00 will be evidenced by a                
                    promissory note payable to Havens bearing interest                
                    at the lowest interest rate allowed by law to                     
                    prevent the imputation of interest.  Such note                    
                    shall be due and payable upon the sale of the                     
                    Virginia Beach property.  If the parties terminate                
                    this agreement or at DC’s option if the management                
                    contract referred to herein is not renewed, DC                    
                    will convey its interest in the property back to                  
                    Havens, the aforesaid note shall be cancelled and                 
                    DC will be relieved from any further obligations                  
                    for payment under the indebtedness to Nations                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011