Robert E. Signom, II and Lola Signom - Page 18




                                       - 18 -                                         
               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.               




Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011