- 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 NationsPage: 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