Robert E. Signom, II and Lola Signom - Page 22




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               other purpose reasonably found offensive by the UNIVERSITY,            
               and reasonably based upon its character as a Catholic-spon-            
               sored institution of higher education.  In the event Signom            
               violates the foregoing restrictions designated as restric-             
               tions (1), (2) or (3), the University may reacquire the                
               Property at its then appraised value.  In the event Signom             
               violates the foregoing restriction designated as restriction           
               (4), the University may reacquire the Property at two times            
               its then appraised value.  Said appraisal to be based upon             
               the highest and best use of the Property regardless of such            
               restrictions.                                                          
               The parties to the final property exchange agreement in-               
          tended for (1) the July 22 St. Clair deed to satisfy the require-           
          ment in the final property exchange agreement that “the UNIVER-             
          SITY shall * * * transfer to FELMAN * * * by Limited Warranty               
          Deed, the St. Clair property”; (2) the July 22 Ludlow deed to               
          satisfy the requirement in the final property exchange agreement            
          that the “UNIVERSITY * * * shall exchange * * * [the Ludlow                 
          property], by Limited Warranty Deed for the Irving Street prop-             
          erty”; and (3) the July 22 document to satisfy the requirement in           
          the final property exchange agreement that “A cancellation of               
          lease and cancellation of option to purchase shall be executed by           
          SIGNOM and he shall obtain signatures from his wife and the                 
          partnership which has interest in said property on said docu-               
          ment”.                                                                      
               Pursuant to the final property exchange agreement, as of               
          August 1, 1991, (1) (a) MHR Properties, Mr. Signom and Ms.                  
          Signom, as the general partners of MHR Properties, and the                  
          University canceled, by delivery of the July 22 document that               
          they had signed shortly before the August 1 closing, the                    




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