E S S E T H that in consideration of the premises and the mutual covenants hereinafter contained, the Fund and the Investment Manager agree as follows:
E S S E T H that in consideration of the premises and mutual promises hereinafter set forth, the parties hereto agree as follows:
E S S E T H. In consideration of SELLER providing to BUYER(S) a one-year structural warranty on the premises being purchased at , the parties agree as follows:
E S S E T H in the Anti-Dilution Agreement is hereby amended and restated in its entirety to read as follows:
E S S E T H. RECITALS:
E S S E T H. WH E R E A S , a l l o f t h e a b o v e - na m e d s ubdi vi s i ons , pha s e s , sect i o n s an d o t h er r eal p r o p er t y co l l ect i v el y co m p r i se t he re s i d e n t i a l a n d re c re a t i o n a l d e v e l o p m e n t g e n e ra l l y k n o w n a n d he r e i na f t e r r e f e r r e d t o a s “H ol l y Tr e e Pl a nt a t i on” ; a nd WH E R E A S , t h e o w n e r s a n d D e v e l o p e r s o f a l l o f t h e r e a l pr ope r t y c om pr i s i ng H ol l y Tr e e Pl a nt a t i on pr e vi ous l y ha ve i m pos e d upon s uc h p ro p e rt y t h e v a ri o u s d e c l a ra t i o n s o f c o v e n a n t s a n d re s t ri c t i o n s l i s t e d a b o v e (h e re i n a f t e r c o l l e c t i v e l y re f e rre d t o as “ t h e D ecl ar at i o n s”) , al l o f w h i ch co n t em p l at ed t h e fo r m at i o n of t he H ol l y Tr e e Pl a nt a t i on H om e ow ne r s A s s oc i a t i on, I nc . (h e re i n a f t e r re f e rr ed t o at x x x es as “ t h e A sso ci at i o n ”) , as a non - pr of i t c or por a t i on unde r t he l a w s of t he St a t e of Sout h Ca r o l i n a , f o r t h e p u r p o s e o f a d m i n i s t e r i n g a n d e n f o r c i n g t h e ab o v e - de s c r i be d c ove na nt s a nd r e s t r i c t i ons ; a nd WH E R E A S , e a c h o f t h e D e c l a r a t i o n s a l s o pr ovi de s f or t he cr eat i o n o f an A r ch i t ect u r al C o m m i t t ee t o ad m i n i st er t h o se pr ovi s i ons r e l a t i ng t o r e vi e w a nd a ppr ova l of pl a ns a nd s pe c i f i - cat i o n s fo r co n st r u ct i o n o f h o u ses an d o t h er st r u ct u r es, b u t t h e De c l a r a t i o n s v a r y wi t h r e s p e c t t o t h e n u mb e r o f m em b er s co m - pr i s i ng t he va r i ous A r c hi t e c t ur a l C om m i t t e e s a nd t he na m e s of t he me mb e r s i n i t i a l l y a p p o i n t e d t o s e r v e o n t h e m; a n d WH E R E A S , t h e u n d e r s i g n e d , b e i n g a l l o f t h e D e v e l o p e r s ( o r th e ir s u c c e s s o r s ) a n d a ll o f th e p r e s e n t m e m b e r s o f th e A r c h ite c - t ur a l C om m i t t e e s of a l l of t he s e c t i ons a nd pha s e s of H ol l y Tr e e Pl a nt a t i on, a s w e l l a s t he H ol l y Tr e e Pl a nt a t i on H om e ow ne r s As s o c i a t i o n , I n c . a n d t h e Ho l l y T r e e C o u n t r y C l u b , I n c . , d e e m i t ne c e s s a r y a nd a dvi s a bl e t o pr ovi de , i n a m a nne r c ons i s t e nt w i t h ...
E S S E T H. FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Borrower hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, the real property commonly known as 0000 Xxxx Xxxxx Xxxxx, Xxxxx, Xxxxx and more particularly described as follows, which contains not more than eighty (80) acres or which is located within the legal boundaries of an incorporated city (the "Property"): See Exhibit A attached hereto and made a part hereof by this reference. TOGETHER WITH all rents, issues, profits, royalties, income and other benefits derived from the Property (collectively, the "Rents"), subject to the right, power and authority hereinafter given to Borrower to collect and apply such Rents; TOGETHER WITH all leasehold estate, right, title and interest of Borrower in and to all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title, and interest of Borrower thereunder, including, without limitation, all cash or security deposits, advance rentals, and deposits or payments of similar nature; TOGETHER WITH all interests, estate or other claims, both in law and in equity, which Xxxxxxxx now has or may hereafter acquire in the Property; TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access thereto, and all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH all right, title and interest of Xxxxxxxx, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks, alleys and strips and gores of land adjacent to or used in connection with the Property; TOGETHER WITH any and all buildings and improvements now or hereafter erected on the Property, including but not limited to the fixtures, attachments, appliances, equipment, machinery and other articles attached to said buildings and improvements (the "Improvements"); TOGETHER WITH the rights hereinafter granted Beneficiary under this Deed of Trust with respect to the proceeds of insurance and awards made for the taking of eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of gr...
E S S E T H. Some Joint Obligors have certain obligations as of the Execution Date including (without duplication): (a) the Syndicated Existing Credit Facility; (b) those listed on Schedule (i) - Indebtedness to be Refinanced (together with the Syndicated Existing Credit Facility, the “Indebtedness to be Refinanced”); and (c) the Notes;
E S S E T H. The Lessor does hereby lease and rent unto the Lessee, and the Lessee does hereby take as tenant under said Lessor, a portion of the premises located in the City of Tuscaloosa, Alabama. said portion being more particularly described as follows: 0000 00xx Xxxxxx, Xxxxx X; To be used by the Lessee and Lessee's employees only for the conducting of the Lessee's Business, which is, Sales Rental and Brokerage of Surgical Equipment and Technical Support and for no different object or purposes, for and during the lease term, which shall be for a period of twenty four months, to wit, beginning August 1,2000, and ending, July 3l, 2002 both inclusive. In consideration whereof, the Lessee agrees to pay ~ Lessor, In Tuscaloosa, Alabama, an annual rental amount equal to the sum of $ 9.50 dollars per square foot of leased premises, payable in monthly installments of $1980.00 each said installment due and payable on the 1st day of each month during said lease term; the total rent for the term of this lease is Forty Seven Thousand Five Hundred Twenty and No/100 dollars. The Lessee and Lessor also agree to the following covenants and conditions
