- 16 - Corporation assumed the balance of Ms. Havens’s $394,800 mortgage loan with respect to the Caroline County farm and gave Ms. Havens a promissory note (Caroline County farm note) for the remaining $320,200 of the $715,000 purchase price set forth in that con- tract. The Caroline County farm note provided in pertinent part: Delaware Corporation, a Virginia corporation, promises to pay to the order of Frances B. Havens * * * the sum of $320,200 due and payable upon the sale of the prop- erty at Reedy Church District, Caroline County, Vir- ginia * * *. This note bears interest at the lowest rate of interest per annum allowed by law from time to time to prevent the imputation of interest. * * * At all relevant times after July 31, 1993, the Caroline County farm remained unsold, and Delaware Corporation did not make any payments to Ms. Havens on the Caroline County farm note. Pursuant to the 1993 global agreement, Ms. Havens entered into a contract for purchase that purported to sell to Delaware Corporation the Virginia Beach property (Virginia Beach property contract). The Virginia Beach property contract, which was effective as of August 1, 1993, provided in pertinent part: THIS CONTRACT OF PURCHASE, entered into as of the 1st day of August, 1993, by and between FRANCES B. HAVENS (hereinafter referred to as “Seller”) and DELA- WARE CORPORATION (hereinafter referred to as “Pur- chaser”). STATEMENTS: A. The Seller agrees to sell and the Purchaser agrees to buy the property described on Exhibit A attached hereto and made a part hereof by this refer- ence (the “Virginia Beach property”) upon certain termsPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011