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Mitchums Creek contract included, inter alia, any mortgage
indebtedness outstanding on the Mitchums Creek property and any
legal fees that Mr. Barber owed as of the effective date of the
Mitchums Creek contract for services rendered in connection with
the litigation with respect to the Mitchums Creek property.
Pursuant to the Mitchums Creek contract, Delaware Corpora-
tion gave Mr. Barber a promissory note for $50,000. That promis-
sory note provided in pertinent part:
Delaware Corporation, a Virginia corporation, promises
to pay to the order of Oscar M. Barber * * * the sum of
$50,000.00 due and payable upon the sale of the prop-
erty at Mitchums Creek Property, Middlesex County,
Virginia * * *.
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. * * *
Pursuant to the 1993 global agreement, Marion-Booker5 en-
tered into a contract with Delaware Corporation under which
Marion-Booker purported to sell to Delaware Corporation its
interest in the Chick Cove property. Although, as discussed
above, Mr. Barber stayed at the Chick Cove property at various
times during the period 1993 through 1995, he did not pay rent to
Delaware Corporation during that period for his use of that
property.
At a time not disclosed by the record after the respective
5As discussed above, Marion-Booker was a Virginia limited
liability company that Ms. Havens and Mr. Barber formed and
owned.
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