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sity of Dayton, successor lessor to Marvin Mumma,
Deceased, hereinafter referred to [as] Party of the 1st
Part, and the Lessee, MHR, an Ohio General Partnership,
and Robert Signom, married and General Partner, and his
wife, Lola A. Signom, General Partner, being all of the
partners of the MHR Partnership, hereinafter referred
to [as] Party of [the] 2nd Part, to cancel an Agreement
of Lease and Option to Purchase executed on the 16th
day of March, 1987 between Party of the 1st Part and
the Parties of the Second Part as per “Exhibit A”
recorded at Microfiche No. 87-0548A01 of the Mortgage
Records of Montgomery County, Ohio.
* * * * * * *
WITNESSETH, that on the date hereof each of the
parties has paid to the other the sum of ONE HUNDRED
DOLLARS ($100.00) and each of them has cancelled,
voided and delivered up to [sic] the agreement to lease
and option to purchase as per “Exhibit A” which has
been declared null and void and of no other effect.
At all relevant times, including when Brother Ploeger signed the
July 22 document, the University was not known to have sued in
order to enforce a promised gift to it.
The University, Mr. Signom, and Ms. Signom all anticipated
that Mr. Signom and Ms. Signom would sign the July 22 document on
behalf of MHR Properties at the July 31 anticipated closing.
However, shortly after Brother Ploeger signed the July 22 docu-
ment and sent it, along with the July 22 St. Clair deed and the
July 22 Ludlow deed that he also signed on July 22, 1991, to Mr.
Packard and Mr. Deas to be used in the event the draft property
exchange agreement was finalized and a closing thereunder took
place, Mr. Signom informed Mr. Deas that Ms. Signom would be
unable to attend the July 31 anticipated closing. At Mr.
Signom’s request, Mr. Deas mailed the July 22 document to Mr.
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