Common use of Grantor Clause in Contracts

Grantor. XXXX XX EMPORIA VA, LLC, a Delaware limited liability company By: Xxxx REIT Advisors III, LLC, a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me on August 28, 2009, by XXXX X. XXXXX, the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: September 3, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 Loan No. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx Xxxx, Emporia, Virgina Description of Land. The Land referred to in this Assignment is situated in the County of Greensville, State of Virginia and is described as follows: PARCEL 1 All that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate in the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, a copy of which was recorded March 14, 2003 in the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15, page 82 and to which plat reference is hereby made for a more particular description of the property. Being the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.122-2-BK-C-1 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIES

Appears in 1 contract

Samples: Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

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Grantor. XXXX XX EMPORIA VA, LLCREPUBLIC BANK & TRUST COMPANY, a Delaware limited liability company Kentucky banking corporation By: Xxxx REIT Advisors III, LLC, a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE COMMONWEALTH OF ARIZONA KENTUCKY ) ) :SS COUNTY OF MARICOPA ) The foregoing instrument was subscribed, sworn to and acknowledged before me on August 28this day of , 20092011, by XXXX X. XXXXX, the Vice President as of Xxxx REIT Advisors III, LLCRepublic Bank & Trust Company, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability companyKentucky banking corporation, on behalf of said limited liability companythe corporation. /s/ Xxxx X. Xxxxx [My commission expires: Notary Seal] Notary PublicPublic GRANTEE: CITIZENS FIRST BANK, State of ARIZONA Printed NameINC., a Kentucky banking corporation By: Xxxx X. Xxxxx Xxxxxx, President and Chief Financial Officer COMMONWEALTH OF KENTUCKY ) ) :SS COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2011, by Xxxx Xxxxxx, as President and Chief Executive Officer of Citizens First Bank, Inc., a Kentucky banking corporation, on behalf of the corporation. My Commission Expirescommission expires: September Notary Public My County of Residence is [AFFIX NOTARY SEAL] THIS INSTRUMENT PREPARED BY: XXXXX, XXXXXXX & XXXXX, LLP 000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000-0000 502.589.5235 EXHIBIT A to Special Warranty Deed Legal description for 0000 Xxxxxxxxxxx Xxxx, Xxxxxxx Xxxxx, Xxxxxxxx is as follows: Being Lot 18 of Hartland Subdivision, Section 3, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 Loan No. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx Xxxxas shown in Plat Book 22, EmporiaPage 91, Virgina Description of Land. The Land referred to in this Assignment is situated in the Xxxxxx County of GreensvilleClerk’s office, State of Virginia and is being more particularly described as follows: PARCEL 1 All that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate Beginning at an iron pin in the City intersection of Emporia, Virginia, shown the right-of-way of Scottsville Road and designated as Parcel 1, 2.36 acresHartland Trace (now Xxxxxxxxx Trace); 102,627 square thence with the right-of-way of Hartland Trace (now Xxxxxxxxx Trace) N 64 deg. 41’ 17” E 100.08 feet to an iron pin; thence with said right-of-way on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Parka curve with a delta angle of 11 deg. 27’ 44”, a copy radius of which was recorded March 14, 2003 645 feet and a length of 129.03 feet to an iron pin; thence S 15 deg. 53’ 03” E 200 feet to an iron pin; thence S 67 deg. 37’ 38” W 198.57 feet to an iron pin in the Clerk’s Officeright-of-way of Scottsville Road; thence with said right-of-way in a northerly direction on a curve with a delta angle of 00 deg. 30’ 06”, Circuit Courton a radius of 22,843.32 feet, Greensville Countyand a length of 200 feet to the point of beginning, Virginiacontaining 1 acre, in Plat Book 15, page 82 and according to which plat reference is hereby made for a more particular description of the propertyrecorded plat. Being the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., Republic Bank & Trust Company by deed dated June 30July 27, 2009 2000, and recorded July 6of record in Deed Book 807, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx EnterprisesPage 335, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Xxxxxx County Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument Nooffice. 040000788, Map No.122-2-BK-C-1 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIESEXHIBIT 5

Appears in 1 contract

Samples: Branch Purchase and Assumption Agreement (Citizens First Corp)

Grantor. XXXX XX EMPORIA VADC-1805 CENTER PARK DRIVE, LLC, a Delaware limited liability company By: Xxxx REIT Advisors IIIXxxxxx/Validus Operating Partnership, LLCLP, a Delaware limited liability companypartnership, its manager sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ Xxxx X. Xxxxx Xxxxxxxx Name: Xxxx X. Xxxxx Xxxxxxxx Title: Vice President Secretary (SEAL) ACKNOWLEDGMENT STATE OF ARIZONA Florida CITY/COUNTY OF MARICOPA The foregoing instrument was acknowledged Tampa/Hillsborough I certify that the following person(s) personally appeared before me on August 28this day, 2009, by XXXX X. XXXXX, each acknowledging to me that he or she signed the Vice President foregoing document: Name(s) of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Principal(s): Xxxx X. Xxxxx [Xxxxxxxx (insert name(s) of those signing) Date: 4/24/14 /s/ Xxxxxxx Xxxxxxx Official Signature of Notary Xxxxxxx Xxxxxxx Notary’s printed or typed name My commission expires: 2/11/15 (Official Seal] Notary Public) EXHIBIT “A” 0000 Xxxxxx Xxxx Xxxxx, State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: September 3Xxxxxxxxx, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 Loan No. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx XxxxXX Lying and being in Charlotte, EmporiaMecklenburg County, Virgina Description of Land. The Land referred to in this Assignment is situated in the County of Greensville, State of Virginia North Carolina and is being described as follows: PARCEL 1 All that certain tract or parcel BEING all of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate in the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Xxx 00 Xxxxxxx xx Xxxxxx Xxxxx Business Park, Phase III B, as shown on the plat entitled “A Recombination Plat of Lot 19 and Lot 20 into Xxx 00 Xxxxxxx, Xxxxxx Xxxxx Park Phase III B” recorded in Map Book 54, Page 587, Mecklenburg County Public Registry (being a copy revision of which was the plat recorded March in Map Book 22, Page 14, 2003 in Mecklenburg County Public Registry). EXHIBIT “B” PERMITTED ENCUMBRANCES Permitted Encumbrances are such matters as are shown on Schedule B to the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15, page 82 and to which plat reference is hereby made for a more particular description of the property. Being the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument Pro Forma Loan Title Insurance Policy File No. 090000801NCS-660448-CHAR issued by First American Title Insurance Company to the Agent in connection with this Instrument. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 EXHIBIT “C” Schedule 1 (Description of “Debtor” and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.122-2-BK-C-1 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIES“Secured Party”)

Appears in 1 contract

Samples: Trust, Security Agreement (Carter Validus Mission Critical REIT, Inc.)

Grantor. XXXX XX EMPORIA VACanoga-Xxxxxx Xxxxx Industrial, LLC,a Delaware limited liability companyBy: PRIT Core 501(c)(25) LLCIts Managing MemberBy: PRIT Core Realty Holdings, LLCIts Managing MemberBy: Pension Reserves Investment Management Board,As trustee of the Pension Reserves Investment Trust FundBy: X.X. Xxxxxx Investment Management, Inc.,Its Authorized AgentBy: Name: Title: STATE OF CALIFORNIA ) ) ss. COUNTY OF ___________ ) On ______________________, 201_ before me, ________________________, personally appeared ________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________________________ (Seal) EXHIBIT A LEGAL DESCRIPTION Xxxx 00 xxx 00 xx Xxxxxxxx Xxxxx 00-00, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10372, filed in the Office of the County Recorder of San Diego County, April 13, 1982 and as amended by Certificate of Compliance recorded February 19, 1997 as Document No. 1997-0074335 of Official Records. Assessor’s Parcel No: 000-000-00 STATEMENT OF TAX DUE AND REQUEST THAT TAX DECLARATION NOT BE MADE A PART OF THE PERMANENT RECORD IN THE OFFICE OF THE COUNTY RECORDER (PURSUANT TO SECTION 11932 REVENUE AND TAXATION CODE) TO: Recorder County of San Diego Request is hereby made in accordance with the provisions of the Documentary Transfer Tax Act that the amount of the tax due not be shown on the original document which names: Grantor: CANOGA-XXXXXX XXXXX, LLC, a Delaware limited liability company ByGrantee: Xxxx REIT Advisors III, LLC[____________________], a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA [________________________] The foregoing instrument was acknowledged before me on August 28, 2009, by XXXX X. XXXXX, the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: September 3, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 Loan No. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx Xxxx, Emporia, Virgina Description of Land. The Land referred to in this Assignment is situated property described in the County of Greensville, State of Virginia and attached Grant Deed is described as follows: PARCEL 1 All that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate located in the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, a copy of which was recorded March 14, 2003 in the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15, page 82 and to which plat reference is hereby made for a more particular description Carlsbad. The amount of the documentary transfer tax due on the attached Grant Deed, computed on the full value of the subject property. Being , is as follows: County Tax: $_______________ City Tax: $_______________ I declare under penalty of perjury that the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. foregoing is true and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.122-2-BK-C-1 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIEScorrect.

Appears in 1 contract

Samples: Contract of Purchase and Sale (Hines Global Reit Ii, Inc.)

Grantor. XXXX XX EMPORIA VA, LLC, a Delaware limited liability company VERONA UNION FREE HIGH SCHOOL DISTRICT AND SCHOOL DISTRICT NO. 2 By: Xxxx REIT Advisors IIITitle: STATE OF WISCONSIN COUNTY OF DANE Personally, LLCcame before me this day of , a Delaware limited liability company2016, its manager By: /s/ Xxxx X. Xxxxx the above- named , to me known to be the person and officer who executed the foregoing instrument, and acknowledged the same as such officer by the authority of the Verona Union Free High School District and School District No. 2, now known as the Verona Area School District. Print Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me on August 28, 2009, by XXXX X. XXXXX, the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed Wisconsin My Commission: GRANTEE: CITY OF VERONA By: Xxx Xxxxxxxxxx, Mayor By: Xxxxx Xxxxx, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally, came before me this day of , 2016, the above- named Xxx Xxxxxxxxxx and Xxxxx Xxxxx, to me known to be the Mayor and City Clerk of the City of Verona, and the persons who executed the foregoing instrument and acknowledged the same. Print Name: Xxxx X. Xxxxx My Commission Expires: September 3, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 Loan No. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx Xxxx, Emporia, Virgina Description of Land. The Land referred to in this Assignment is situated in the County of GreensvilleNotary Public, State of Virginia Wisconsin My Commission: Attachment: Exhibit A – Legal Description and is Diagram of Easement Area This instrument drafted by: Xxxxx Xxxxxxxxxx Xxxxxxxx Xxxxxxxxx LLP 000 Xxxx Xxxxxxxxxx Xxx., Xxxxx 000 P.O. Box 1784 Madison, WI 53701-1784 608.256.0226 EXHIBIT A Permanent Water Main Easement Permanent 30 Foot Water Easement for the owner's interest in land contained within the following described tract, being part of the Southwest Quarter of the Southwest Quarter (SW 1/4- SW 1/4), Section 15, Township 6 North, Range 8 East, City of Verona, Dane County, Wisconsin, the centerline of said 30 foot permanent easement, described as follows: PARCEL 1 All that certain tract or parcel Commencing at the Southwest corner of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate in the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, a copy of which was recorded March 14, 2003 in the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book Section 15, page 82 and to which plat reference is hereby made for a more particular description Township 6 North, Range 8 East, Thence S 88°37'33" E, 1265.27 feet along the south line of the property. Being Southwest Quarter of said Section 15 to the same property conveyed Point of Beginning; Thence N 43°59'56" E along said centerline, 20.60 feet; Thence N 0°49'25" W along said centerline, 339.99 feet; Thence N 56°15'05" E, along said centerline, 30.00 feet more or less to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. the easterly line of lands owned by the Verona Union Free High School District and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument School District No. 0900008012. PARCEL 2 Together with nonParcel No.: 0608-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.122153-29310-BK-C-1 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIES5

Appears in 1 contract

Samples: Utility Easement Agreement

Grantor. XXXX XX EMPORIA VASigned, sealed and delivered in FOR 1031 NORTHRIDGE LLC, a Delaware the presence of: an Idaho limited liability company /s/ Authorized Person By: Xxxx REIT Advisors III, FOR 1031 LLC, a Delaware an Idaho Witness limited liability company, its manager sole member /s/ Xxxxxxx X. Xxxx Notary Public By: /s/ Xxxx X. Var Xxxxx My commission expires: 9.27.06 Name: Xxxx X. Var Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me on August 28Authorized Rep. [NOTARY SEAL] MASTER TENANT: Signed, 2009, by XXXX X. XXXXXsealed and delivered in DBSI NORTHRIDGE LEASECO LLC, the Vice President of Xxxx REIT Advisors III, LLC, a Delaware presence of: an Idaho limited liability companycompany /s/ Authorized Person By: DBSI HOUSING INC., the an Idaho Witness corporation, its sole manager of /s/ Xxxxxxx X. Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. Notary Public By: /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed Xxxxxxx Xxxxxxx Name: Xxxx X. Xxxxx Xxxxxxx Xxxxxxx My Commission Expirescommission expires: September 3, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 Loan No. 02-62113730 9.27.06 Its: President [NOTARY SEAL] EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Legal Description (See attached) EXHIBIT A All that tract or parcel of land lying and being in Land Xxxx 00 xx xxx 00xx Xxxxxxxx, Xxxxxx XxxxXxxxxx, EmporiaGeorgia containing 11.201 acres, Virgina Description of Land. The Land referred to in this Assignment is situated in the County of Greensville, State of Virginia and is being more particularly described as follows: PARCEL 1 All that certain tract or parcel Commencing at the extended intersection of land, together with all improvements thereon the mitered West right of way line of Xxxxxxxx Drive (80’ right of way) and all appurtenances thereto belonging, lying the South right of way line of Northridge Road (100’ right of way); thence along said West right of way line of Xxxxxxxx Drive South 01°19’11” East a distance of 18.02 feet to an iron pin placed and THE TRUE POINT OF BEGINNING; thence South 01°19’11” East a distance of 672.07 feet to 1/2” bent rebar found; thence leaving said right of way line South 87°25’34” West a distance of 893.13 feet to an iron pin placed on the East right of way line of Roswell Road; thence along said right of way line along an arc to the left having a radius of 1,946.86 feet and being situate in the City subtended by a chord bearing and distance of EmporiaNorth 09°24’05” East, Virginia385.66 feet, shown and designated as Parcel 1, 2.36 acresthence along said arc a distance of 386.30 feet to an iron pin placed; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Parkthence leaving said right of way line North 72°03’42” East, a copy distance of which was recorded March 1432.73 feet to an iron pin placed; thence along an arc to the left having a radius of 1,978.20 feet and being subtended by a chord bearing and distance of North 01°29’13” West, 2003 in 1.77 feet, thence along said arc a distance of 1.77 feet to a 5/8” rebar found; thence North 71°53’09” East a distance of 200.03 feet to an iron pin placed; thence North 03°42’54” West a distance of 184.95 feet to an iron pin placed on the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15, page 82 South right of way line of Northridge Road; thence along said right of way line along an arc to the right having a radius of 781.64 feet and to which plat reference is hereby made for being subtended by a more particular description chord bearing and distance of the property. Being the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS North 78°15’45” East, Inc. 99.00 feet, thence along said arc a distance of 99.06 feet to an iron pin placed; thence North 82°03’15” East a distance of 498.61 feet to an iron pin placed; thence South 40°27’55” East a distance of 21.23 feet to an iron pin placed on the West right of way line of Xxxxxxxx Drive and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.122-2-BK-C-1 DEED THE TRUE POINT OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIESBEGINNING.

Appears in 1 contract

Samples: Security Agreement (KBS Strategic Opportunity REIT, Inc.)

Grantor. XXXX XX EMPORIA VADISCOVERY ZONE, LLCINC., a Delaware limited liability company corporation, as successor in interest to LEAPS & BOUNDS, INC. By: Xxxx REIT Advisors III/s/ Xxxxx Xxxxxxxxx ------------------------- Name: Xxxxx Xxxxxxxxx Its: President STATE OF NEW YORK ) ) ss. COUNTY OF WESTCHESTER ) I certify that I know or have satisfactory evidence that Xxxxx Xxxxxxxxx is the person who appeared before me, LLCand said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as President of DISCOVERY ZONE, INC., a Delaware limited liability companycorporation, its manager Byto be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated this 28th day of July, 1997. [Notarial Seal] Dated: July 28, 1997 [Notarial Seal] /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me on August 28, 2009, by XXXX X. XXXXX, Xxxxxxxx ----------------------- (Signature) [STAMP] ------------------------- (Legibly Print or Stamp Name of Notary) Notary Public in and for the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. New York, residing at (home address): New York, New York My appointment expires 6/15/98 Vancouver Xxxxx My Commission Expires: September 3County, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Washington EXHIBIT A Lot 1, as described in and delineated on SHORT PLAT, recorded in Book 2 at Page 865, of Short Plats and as recorded under Auditor's File No. 02-62113730/Store 9404150033, being a portion of Lot 2 of Short Plats at page 535, records of Xxxxx County being a parcel of property in the Northeast quarter of Section 17, Township 2 North, Range 2 East of the Willamette Meridian, Xxxxx County, Washington. TOGETHER WITH that certain road easement for the purpose of ingress, egress and passage and utilities as set forth and defined by document recorded May 8, 1991, under Auditor's File No. 560 Loan No9105080180. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx Xxxx, Emporia, Virgina Description of Land. The Land referred to in this Assignment is situated in the County of Greensville, State of Virginia and is described as follows: PARCEL 1 All that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate in the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, TOGETHER WITH a copy of which was recorded March 14, 2003 in the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15, page 82 and to which plat reference is hereby made for a more particular description of the property. Being the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement for ingress, egress, parking and utilities as set forth granted and described in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and document recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument under Auditor's File No. 040000788, Map No.122G 705215 and as amended and restated by documents recorded under Auditor's File Nos. 7806280148 and 8106250036. TOGETHER WITH a non-2-BK-C-1 DEED OF TRUST (VIRGINIA) exclusive easement for ingress and egress as delineated and described in access easement recorded under Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan County Auditor's File No. 02-62113730/Store No9404150214. 560 DEED OF TRUST EXHIBIT B STATE SPECIFIC PROVISIONS (VIRGINIAWashington) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan NoThe following provisions are incorporated by reference into Section 48 of the attached Deed of Trust. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIESIf any conflict or inconsistency exists between this Exhibit B and the remainder of the attached Deed of Trust, this Exhibit B shall govern.

Appears in 1 contract

Samples: Discovery Zone Inc

Grantor. XXXX XX EMPORIA WAYNESBORO VA, LLC, a Delaware limited liability company By: Xxxx REIT Advisors III, LLC, a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me on August 28, 2009, by XXXX X. XXXXX, the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA WAYNESBORO VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. [Notary Seal] /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: September 3, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-6211373062113748/Store No. 560 568 Loan No. 02-62113730 62113748 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 568 Property Address: 000 Xxxxxx Xxxxxxxxx Xxxx, EmporiaXxxxxxxxxx, Virgina Xxxxxxxx Description of Land. The Land referred to in this Assignment is situated in the County City of GreensvilleWaynesboro, State of Virginia and is described as follows: PARCEL 1 All that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto belongingSituated, lying and being situate all that certain piece or parcel of land located in the City of EmporiaWaynesboro, Virginia, said parcel being New Lot 2 as shown on a survey by Xxxxxxx Group dated May 27, 2004 and designated as Parcel 1entitled Simple Subdivision being a Resubdivision of Lots 2 and 3, 2.36 acres; 102,627 square feet on that certain plat dated March 5Orchard Road Plaza, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, a copy of which was recorded March 14, 2003 record in the Clerk’s OfficeOffice of the Circuit Court of the City of Waynesboro, Circuit Court, Greensville County, Virginia, Virginia in Plat Book 157, page 82 and to which plat reference is hereby made for 66; more particularly described as follows: Commencing at a more particular description set rod lying at the intersection of the propertyWestern right of way line of Apple Tree Lane and the Southern right of way line of Red Top Orchard Road, said point being the true point and place of beginning; thence along the said right of way line of Apple Tree Lane with a curve to the left having a radius of 205.00 feet, an arc length of 75.16 feet, an interior angle of 21°00’24”, a chord bearing of South 08°20’10” West and a chord distance of 74.74 feet to a set rod; thence South 02°10’02” East a distance of 247.11 feet to a set rod; thence along a curve to the right having a radius of 145.00 feet, an arc length of 233.66 feet, an interior angle of 88°22’45”, a chord bearing of South 42°01’20” West and a chord distance of 202.14 feet to a set rod; thence along a curve to the right having a radius of 1312.69 feet, an arc length of 66.74 feet, an interior angle of 02°54’47”, a chord bearing of South 87°40’06” West and a chord distance of 66.73 feet to a set rod; thence South 89°07’29” West a distance of 74.31 feet to a set rod; thence leaving said right of way North 02°10’02” West a distance of 405.95 feet to a set rod; thence North 59°10’44” East a distance of 272.47 feet to a found concrete monument, said concrete monument lying on the Southern right of way line of Red Top Orchard Road; thence along said right of way line with a curve to the left having a radius of 435.14 feet, an arc length of 92.09 feet, an interior angle of 12°07’32”, a chord bearing of South 40°02’50” East and a chord distance of 91.92 feet to a set rod, said rod being the true point and place of beginning. Containing 130,671.179 square feet; 3.000 acres, more or less Tax Map No. 50-(3)-2 Being the same property conveyed to Xxxx XX Emporia Waynesboro VA, LLC, a Delaware limited liability company, company from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., Inc. by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville CountyCity of Waynesboro, Virginia at instrument as Instrument No. 040000788, Map No.122-2-BK-C-1 090001670. DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-6211373062113748/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 568 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIES

Appears in 1 contract

Samples: Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

Grantor. XXXX XX EMPORIA VA, Armory LLC, a Delaware ,an Indiana limited liability company ByXxxx Xxxxxxxx, Member STATE OF INDIANA COUNTY OF ST. XXXXXX ) ) SS: Xxxx REIT Advisors III) Before me, LLCthe undersigned, a Delaware limited liability companyNotary Public in and for said State, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was personally appeared ___________,to me known to be the of the Grantor in the above Grant of Temporary Easement,and acknowledged before me on August 28the execution of the same as the Grantor's free and voluntary act and deed. WITNESS my hand and Notarial Seal this ___ day of , 20092016. _ _, by XXXX X. XXXXXNotary Public Residing in _ County, the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. Xxxxx IN My Commission Expires: September 3This instrument was prepared by Xxxxxxxx X. Xxxxxxxxx, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan NoAssistant City Attorney, 0000 X. Xxxxxx-City Building, 000 X. Xxxxxxxxx Blvd., South Bend, Indiana 4660 l. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. 02-62113730/Store NoXxxxxxxx X. Xxxxxxxxx. 560 Loan No. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx Xxxx, Emporia, Virgina 1 Description of Land. The Land referred Property A part of the Southeast Fractional Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Xxxxxx County, Indiana and being all that land conveyed to in this Assignment is situated State of Indiana by Trustee's Deed, Book 355, Page 242 AND a portion of that land conveyed to State Armory Board by Quit Claim Deed, Book 347, Page 533 lying outside of the boundary of the Permanent Right of Way and the Limited Access Right of Way as described in the County Right of GreensvilleWay Grant to the Indiana State Highway Commission in Book 648 Page 147, State of Virginia and is more particularly described as follows: PARCEL 1 All that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate in Commencing at the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, a copy of which was recorded March 14, 2003 in the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15, page 82 and to which plat reference is hereby made for a more particular description calculated location of the propertysoutheast corner of said Section 12, said xxxxx being South 0 degrees 13 minutes 54 seconds East 176.56 feet from a Xxxxxxxx monument found at the southwest corner of Section 7, Township 37 North, Range 3 East; thence North O degrees 13 minutes 54 seconds West 742.94 feet along the east line of said Section 12 to the south line of the Limited Access Right of Way described in said Right of Way Grant prolonged; thence North 89 degrees 49 minutes 57 seconds West 10.00 feet along said Limited Access Right of Way prolonged to the west boundary of Eddy Street and the point of beginning of this description; thence North 89 degrees 49 minutes 57 seconds West 216.49 feet (218.8 feet by Book 648 Page 147) along said Limited Access Right of Way to the southwest corner of said Limited Access Right of Way and the north-most point of said Permanent Right of Way, thence South 59 degrees 23 minutes 03 seconds West 50.00 feet (distance quoted from Book 648 Page 147) along said Permanent Right of Way; thence South 30 degrees 37 minutes 01 seconds East 75.00 feet (distance quoted from Book 648 Page 147) along said Permanent Right of Way; thence South 36 degrees 19 minutes 57 seconds East 150.70 feet (distance quoted from Book 648 Page 147) along said Permanent Right of Way; thence South 26 degrees 47 minutes 57 seconds East 150.30 feet (distance quoted from Book 648 Page 147) along said Permanent Right of Way; thence South 17 degrees 30 minutes 11 seconds East 59.82 feet (59.4 feet by Book 648 Page 147) along said Permanent Right of Way to the former southwesterly boundary of Eddy Street; thence North 57 degrees 43 minutes 35 seconds East 56.52 feet along the former southwesterly boundary of said Eddy Street to the west boundaiy of said Eddy Street (said west boundary being parallel to and 10.00 feet west of said east line of said Section 12); thence North O degrees 13 minutes 54 seconds West 371.80 feet along said west boundary to the point of beginning and containing 1.352 acres, more or less. Being the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument Parcel Key No. 090000801. PARCEL 2 Together with non000-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.1220000-2-BK-C-1 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIES000000 EXHIBITF Minimum Insurance Amounts

Appears in 1 contract

Samples: Development Agreement

Grantor. XXXX XX EMPORIA VAArbor Pointe, LLCL.P., a Delaware an Ohio limited liability company partnership By: Xxxx REIT Advisors IIIMBS GP 76, LLCL.L.C., a Delaware limited liability company, its manager general partner By: /s/ Xxxx MUDCO 4, INC., a Missouri corporation, its Sole Member By: Xxxxxxx X. Xxxxx Xxxxxxxxx, Vice President Date: , 2011 GRANTEE: By: Name: Xxxx X. Xxxxx Title: Vice President Date: , 2011 This Deed Prepared By: Xxxxxx X. Xxxxx, Esq. Xxxxx, Xxxxx & Xxxxxxxx 000 X. Xxxxxx Xxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 When Recorded Return to: [CONFORM FORM OF NOTARY TO LOCAL LAW] STATE OF ARIZONA ) : ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me on August 28this ______ day of , 2009, 20____ by XXXX X. XXXXX, the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed NameHe or she is personally known to me or has produced as identification and did (did not) take an oath. NOTARY PUBLIC Residing at: Xxxx X. Xxxxx My Commission Expires: September 3, 2012 b-4 EXHIBIT “A” TO SPECIAL WARRANTY DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 Loan No. 02-62113730 EXHIBIT A LEGAL DESCRIPTION OF LAND Unit No.PROPERTY Located in Jefferson County, Kentucky: 560 Property Address: 000 Xxxxxx XxxxBeing all of Residual Tract “13R” as shown on approved Minor Subdivision Plat bearing Docket #126-93 attached to and made a part of instrument recorded in Deed Book 6330, Emporiapage 761, Virgina Description of Land. The Land referred to in this Assignment is situated in the County Office of Greensville, State the Clerk of Virginia and is described as follows: PARCEL 1 All that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate in the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, a copy of which was recorded March 14, 2003 in the Clerk’s Office, Circuit Court, Greensville Jefferson County, Virginia, in Plat Book 15, page 82 and to which plat reference is hereby made for a more particular description of the propertyKentucky. Being the same property conveyed to Xxxx XX Emporia VAArbor Pointe Limited Partnership, LLCan Ohio limited partnership, a Delaware limited liability companyby Deed dated December 7, from CBOCS1993, recorded in Deed Book 6391, Page 693, in the Office of the Clerk of Jefferson County, Kentucky. b-5 EXHIBIT “C” [FORM OF] TAXPAYER’S CERTIFICATION OF NON-FOREIGN STATUS To inform Steadfast Asset Holdings, Inc., a Virginia corporation; formerly known California corporation (“Transferee”) that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as CBOCS Eastamended (“Code”), Inc. and formerly known as Cracker Barrel Old Country Storewill not be required upon the transfer of certain real property to the Transferee by Arbor Pointe, Inc.L.P., by deed dated June 30an Ohio limited partnership, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.122-2-BK-C-1 DEED OF TRUST undersigned (VIRGINIA“Taxpayer”) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIEShereby certifies the following on behalf of the Taxpayer:

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement With Escrow Instructions (Steadfast Income REIT, Inc.)

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Grantor. XXXX XX EMPORIA VACOUNTY OF CUYAHOGA, LLCOHIO The legal form and correctness of this instrument is hereby approved: Cuyahoga County Law Department Xxxxxxx X. Xxxx , Director of Law By: _ Xxxxxx Xxxxxx, County Executive, by Xxxx Xxxxxxx (pursuant to Executive Order No. EO2018- 0001 dated February 26, 2018) By: Date: STATE OF OHIO ) ) ss: COUNTY OF CUYAHOGA ) BEFORE ME, a Delaware limited liability company By: Xxxx REIT Advisors IIINotary Public in and for said County and State, LLCpersonally appeared the above-named County of Cuyahoga, Ohio, a Delaware limited liability companybody corporate and politic and a political subdivision of the State of Ohio, by Xxxx Xxxxxxx, for and on behalf of, and as authorized designee of, Xxxxxx Xxxxxx, its manager ByExecutive, pursuant to Executive Order No. EO2018-0001 dated February 26, 2018, personally known to me, who did acknowledge that he did sign the foregoing instrument in such capacity on behalf of the County of Cuyahoga, Ohio and is duly authorized to do so, and that the same is the free act and deed of the County of Cuyahoga, Ohio, and his free act and deed individually and in the aforedescribed capacity. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Cleveland, Ohio, this day of , 2019. Notary Public/ My Commission Expires: /s/ Xxxx X. Xxxxx NameThis instrument prepared by: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me on August 28Assistant Law Director Cuyahoga County 0000 Xxxx 0xx Xxxxxxxxx, 2009Xxxx 00000 000-000-0000 EXHIBIT A to the QUIT-CLAIM DEED Legal Description Legal Description Situated in the City of North Royalton, by XXXX X. XXXXX, the Vice President County of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, Cuyahoga and State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: September 3, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Ohio and known as being part of Original Royalton Township Section No. 02-62113730/Store No. 560 Loan No. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx Xxxx8, Emporia, Virgina Description of Land. The Land referred to in this Assignment is situated in the County of Greensville, State of Virginia bounded and is described as follows: PARCEL 1 All that certain tract or Beginning in the centerline of York Road, 60 feet wide, at the southwesterly corner of a parcel of land conveyed to the Municipality of North Royalton by deed dated August 6th, 1953 and recorded in Volume 7866, Page 14 of Cuyahoga County Records; Thence North 5°43’39” West 398.20 feet measured along the centerline of York Road; Thence North 89°20’13” East 1,117.60 feet to the easterly line of land so conveyed to the City of North Royalton; Thence South 0°34’34” East 396.64 feet measured along said easterly line to the southeasterly corner thereof; Thence South 89°20’13” West, along the southerly line of land conveyed to the Municipality of North Royalton as aforesaid, to the place of beginning and containing 10,136 acres of land, together with be the same more or less but subject to all improvements thereon and all appurtenances thereto belonging, lying and being situate in the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, a copy of which was recorded March 14, 2003 in the Clerklegal highways. PP# 000-00-000 EXHIBIT D Purchaser’s Office, Circuit Court, Greensville County, VirginiaAuthority Certificate CERTIFICATE OF [INSERT NAME OF PURCHASER] The undersigned, in Plat Book 15his capacity as a member of , page 82 and to which plat reference is an (the “Company”), hereby made for a more particular description certifies as of the property. Being date hereof that according to the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in records of the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.122-2-BK-C-1 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIESCompany:

Appears in 1 contract

Samples: Purchase and Sale Agreement

Grantor. XXXX XX EMPORIA WOODSTOCK VA, LLC, a Delaware limited liability company By: Xxxx REIT Advisors III, LLC, a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me on August 28, 2009, by XXXX X. XXXXX, the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA WOODSTOCK VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: September 3, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-6211373062113755/Store No. 560 582 Loan No. 02-62113730 62113755 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 582 Property Address: 000 Xxxxxx Xxxx Xxxxxxxxx Xxxx, EmporiaXxxxxxxxx, Virgina Xxxxxxxx Description of Land. The Land referred to in this Assignment is situated in the County of GreensvilleShenandoah, State of Virginia and is described as follows: DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 PARCEL 1 All that certain tract lot or parcel of land, together with all improvements thereon and all appurtenances thereto belongingland situated, lying and being situate in the City Shenandoah County, Virginia and being more particularly described as Lot 3C and as shown on plat prepared by Xxxxxxx Group entitled Plat Showing Consolidation of EmporiaLot 3A & 3B and Vacation of 30’ Ingress-Egress Easement Town of Woodstock Stonewall Magisterial District Shenandoah County, VirginiaVirginia dated March 7, shown 2005 and designated recorded May 27, 2005 in Deed Book 1213, page 400. PARCEL 2 Those beneficial rights that constitute rights in real property as Parcel 1, 2.36 acres; 102,627 square feet on described in that certain plat instrument entitled “Easements with Covenants and Restrictions Affecting Land” (“ECR”) dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce ParkFebruary 2-18-1998 between Wal-Mart Real Estate Business Trust, a copy of which was Delaware business trust and Shenandoah Land Company, L.C. recorded March 14, 2003 in the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15Liber 819, page 82 537 and to which plat reference is hereby made for a more particular description of the propertythat certain Easement and Maintenance Agreement recorded in Liber 819, page 518. Tax Map No. 045-A3-A-0-21C Being the same property conveyed to Xxxx XX Emporia Woodstock VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., Inc. by deed dated June 30, 2009 and recorded July 67, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville Shenandoah County, Virginia at instrument Noin Deed Book 1458, page 276. 040000788, Map No.122-2-BK-C-1 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan NoXx. 0200-6211373000000000/Store NoXxxxx Xx. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 000 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIES

Appears in 1 contract

Samples: Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

Grantor. XXXX XX EMPORIA VADC-19675 W. TEN MILE, LLC, a Delaware limited liability company By: Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ Xxxx REIT Advisors IIIX. Xxxxxx Name: Xxxx X. Xxxxxx Title: CEO ACKNOWLEDGMENT STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH ) I, the undersigned, a Notary Public in and for said County, in said state, hereby certify that Xxxx Xxxxxx whose name as CEO of Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, which is the general partner of Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, which is the Managing Member of DC-19675 W. TEN MILE, LLC, a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The is signed to the foregoing instrument was instrument, and who is known to me, acknowledged before me on August 28this day that, 2009being informed of the contents of the instrument, by XXXX X. XXXXXhe/she, as such officer and with full authority, executed the Vice President same voluntarily for and as the act of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, said officer on behalf of said limited liability companycompany and stated that the representations therein contained are true. GIVEN under my hand and Official Seal this 25 day of May, 2012. /s/ Xxxx Xxxxxxx Signature of Notary Xxxx Xxxxxxx Print Notary’s Name Notary Public residing in Hillsborough County My commission expires: 2/11/2015 PREPARED BY AND WHEN RECORDED, RETURN TO: XxXxxxx Long & Xxxxxxxx LLP 000 Xxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attention: Xxxxx X. Xxxxx [Notary Seal] Notary PublicXxxxxx, Esq. EXHIBIT “A” LEGAL DESCRIPTION Real property in the City of Southfield, County of Oakland, State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: September 3Michigan, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 Loan No. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx Xxxx, Emporia, Virgina Description of Land. The Land referred to in this Assignment is situated in the County of Greensville, State of Virginia and is described as follows: PARCEL Parcel IB: Part of the Northwest 1/4 of the Northwest 1/4 of Xxxxxxx 00, Xxxx 0 Xxxxx, Xxxxx 00 Xxxx, Xxxx of Southfield, Oakland County, Michigan, described as: Beginning at a point on the South line of Ten Mile Road (120 feet wide). Said point being North 89 degrees 59 minutes 45 seconds East 416.0 feet and South 0 degrees 00 minutes 15 seconds East 60.0 feet from the Northwest corner of Section 26, Town 1 All that certain tract or parcel North, Range 10 East; thence South 0 degrees 00 minutes 15 seconds East 118.00 feet; thence North 89 degrees 59 minutes 45 seconds East 125.0 feet; thence South 0 degrees 00 minutes 15 seconds East 94.75 feet; thence South 45 degrees 49 minutes 35 seconds East 252.68 feet; thence North 44 degrees 10 minutes 25 seconds East 72.0 feet; thence South 45 degrees 49 minutes 35 seconds East 50.15 feet; thence 177.95 feet along the Arc of landa curve concave to the West, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate in the City said curve having a Radius of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park807.68 feet, a copy Central Angle of which was recorded March 1412 degrees 37 minutes 25 seconds and whose Chord bears North 14 degrees 12 minutes 57 seconds East 177.59 feet; thence North 0 degrees 00 minutes 15 seconds West 200.0 feet; thence along the South line of Ten Mile Road, 2003 in South 89 degrees 59 minutes 45 seconds West 435.98 feet to the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15, page 82 and to which plat reference is hereby made for a more particular description point of the propertybeginning. Being the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater the right to use in common with others all easements for parking, ingress and egress, installation and maintenance of utilities and drainage flow easement facilities and use of all other common facilities, all as set forth in deed from Xxxxx Xxxxxx Enterprisesthat certain instrument entitled “Declaration of Easements” dated June 25, LLC1968 and recorded in Liber 5225, a Virginia limited liability companyPage 777, to Cracker Barrel Old Country StoreOakland County Records as amended by instrument dated December 7, Inc.1968 and recorded December 25, a Tennessee corporation1968 in Liber 5297, Page 465, Oakland County Records, and as further amended by instrument dated April 2927, 2004 2012 and recorded April 30May 21, 2004 2012 in Liber 44206, Page 87, Oakland County Records (as amended from time to time, the “Declaration”). And together with a Generator Easement as granted in the Clerk’s OfficeDeclaration over the property more particularly described as follows: Part of the Northwest 1/4 of Xxxxxxx 00, Circuit CourtXxxxxxxx 0 Xxxxx, Greensville Xxxxx 00 Xxxx, Xxxx of Southfield, Oakland County, Virginia Michigan, being more particularly described as follows; Commencing at instrument the Northwest corner of Section 26; thence S89 degrees 57 minutes 31 seconds E, 415.61 feet (previously recorded as N89 degrees 59 minutes 45 seconds E, 415.00 feet) along the North line of Section 26; thence S00 degrees 00 minutes 15 seconds E, 178.24 feet (previously recorded at 178.00 feet); thence N89 degrees 59 minutes 45 seconds E, 125.00 feet; thence S00 degrees 00 minutes 15 seconds E, 94.75 feet; thence S45 degrees 49 minutes 35 seconds E, 252.68 feet; thence N44 degrees 10 minutes 25 seconds E, 42.00 feet to the point of beginning of the following described easement; thence N44 degrees 10 minutes 25 seconds E, 30.00 feet; thence S45 degrees 49 minutes 35 seconds E, 82.00 feet; thence S47 degrees 13 minutes 47 seconds W, 48.00 feet; thence N45 degrees 49 minutes 35 seconds W, 11.24 feet; thence N05 degrees 48 minutes 12 seconds E, 22.87 feet; thence N45 degrees 49 minutes 35 seconds W, 54.00 feet to the point of beginning. Parcel IC: Part of the Northwest 1/4 of the Northwest 1/4 of Xxxxxxx 00, Xxxx 0 Xxxxx, Xxxxx 00 Xxxx, Xxxx of Southfield, Oakland County, Michigan, described as: Beginning at a point on the South line of Ten Mile Road which is South 89 degrees 59 minutes 45 seconds West measured on the North line of Section 26, 1613.28 feet and South 00 degrees 00 minutes 15 seconds East 60.00 feet from the North 1/4 corner of said Section 26; thence South 89 degrees 59 minutes 45 seconds West along the South line of Ten Mile Road, 100.00 feet to a point; thence South 00 degrees 00 minutes 15 seconds East 200 feet to a point; thence North 89 degrees 59 minutes 45 seconds East, 100.00 feet to a point; thence North 00 degrees 00 minutes 15 seconds West, 200.0 feet to the place of beginning, except the Easterly 60 feet thereof. Tax Parcel Identification Numbers: 00-00-000-000 as to Parcel IB and 00-00-000-000 as to Parcel IC EXHIBIT “B” Permitted Encumbrances Permitted Encumbrances are such matters as are shown on Schedule B to the Pro Forma Loan Title Insurance Policy File No. 040000788, Map No.122533547-2-BK-C-1 DEED OF TRUST L issued by First American Title Insurance Company to the Agent in connection with this Instrument. EXHIBIT “C” Schedule 1 (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIESDescription of “Debtor” and “Secured Party”)

Appears in 1 contract

Samples: Carter Validus Mission Critical REIT, Inc.

Grantor. XXXX XX EMPORIA BRISTOL VA, LLC, a Delaware limited liability company By: Xxxx REIT Advisors III, LLC, a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me on August 28, 2009, by XXXX X. XXXXX, the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA BRISTOL VA, LLC, a Delaware limited liability company, on behalf of said limited liability company. /s/ Xxxx X. Xxxxx [Notary Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: September 3, 2012 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-6211373062113706/Store No. 560 614 Loan No. 02-62113730 62113706 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 614 Property Address: 000 Xxxxxx XxxxXxxxxxx Xxxxxx, EmporiaXxxxxxx, Virgina Xxxxxxxx Description of Land. The Land referred to in this Assignment is situated in the County City of GreensvilleBristol, State of Virginia and is described as follows: PARCEL 1 All that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate in the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, a copy of which was recorded March 14, 2003 in the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15, page 82 and to which plat reference is hereby made for a more particular description of the property. Being the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.122-2-BK-C-1 [Legal Description Attached Hereto] DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 PARCEL 1 All that certain lot, piece or parcel of land lying and being in the City of Bristol, Virginia, shown and designated as Lot 8 on Subdivision Plat entitled Replat of Xxxx 0, 0 xxx 0 xx Xxx Xxxxxxx at Exit 7 recorded in the Clerk’s Office of the Circuit Court of the City of Bristol, Virginia in Plat Book 4, page 386 described as follows: A certain tract or parcel of land situate in the City of Bristol, Virginia, the same being more particularly described as follows: Being Lots 7, 8 and a portion of Lot 6 of The Village at Exit 7 which subdivision is recorded in Plat Book 4. pages 376a and 377; beginning at a 5/8” iron rebar located on the right of way of Village Circle at the common corner of Lots 8 and 9; thence with the line of Lots 8 and 9, South 77°47’26” West a distance of 249.25 feet to a 5/8” iron rebar located on the Eastern right of way of Stage Coach Road; thence with the aforementioned right of way North 01°31’09” West a distance of 252.63 feet to a 5/8” iron rebar located on the Eastern right of way of Stage Coach Road at the PC of a curve to the right; thence with a curve turning to the right with an arc length of 167.37 feet with a radius of 261.56 feet with a chord bearing of North 16°48’45” East with a chord length of 164.53 feet to a 5/8” iron rebar located on the Western right of way of Stage Coach Road; thence North 60°40’10” East a distance of 39.97 feet to a 5/8” iron rebar located on the Southern right of way of Stage Coach Road and I-81 at the common corner of Lots 7 and 12 and at the toe of a steep slope, Lot 12 being the property of the City of Bristol, Virginia; thence with the line of Xxx 00 Xxxxx 00°00’00” Xxxx a distance of 121.15 feet to a 5/8” iron rebar corner of Lots 7 and 12 near the top of the slope; thence with the line of Xxx 00 xxx xx xxx xx xxx xxxxx Xxxxx 00°00’43” East a distance of 50.00 feet to a 5/8” iron rebar corner to Lots 7 and 12; thence with the line of Xxx 00 Xxxxx 00°00’00” Xxxx a distance of 121.15 feet to a 5/8” iron rebar on the right of way of Stage Coach Road and I-81 at the toe of the aforementioned slope: thence with the right of way of Stage Coach Road and I-81 the following 3 calls: North 60°40’10” East a distance of 116.32 feet to a 5/8” iron rebar on the aforementioned right of way; thence South 88°11’30” East a distance of 111.80 feet to a 5/8” iron rebar; thence North 65°14’40” East a distance of 10.00 feet to a 5/8” iron rebar at the corner of Lot 6; thence with the line of Xxx 0 Xxxxx 00°00’00” Xxxx a distance of 366.76 feet to a 5/8” iron rebar on the Northern right of way of Village Circle; thence with the aforementioned right of way the following 3 calls: South 65°59’59” West a distance of 126.77 feet; thence with a curve turning to the right with an arc length of 55.25 feet with a radius of 75.00 feet with a chord bearing of South 87°06’09” West with a chord length of 54.01 feet; thence with a curve tuning to the left with an arc length of 126.10 feet with a radius of 60.00 feet with a chord bearing of South 47°59’53” West with a chord length of 104.14 feet which is the point of beginning; having an area of 166.637 square feet; 3.825 acres, more or less. Tax Map No, 229-11-8 Being the same property conveyed to Xxxx XX Bristol VA, LLC, a Delaware limited liability company, from CBOCS. Inc., a Virginia corporation, formerly known as CBOCS East, Inc., and formerly known as Cracker Barrel Old Country Store, Inc. by deed dated June 30, 2009 and recorded July 8, 2009 in Deed Book 543, page 353, among the land records of the City of Bristol, Virginia. PARCEL 2 Together with that certain beneficial multi-user sign casement as described in the Signage and Maintenance Agreement by and between Force Development, Inc., Starwood Properties, Inc., City of Bristol, Virginia and Cracker Barrel Old Country Store, Inc. dated June 16, 2006 and recorded in Deed Book 499, page 375. DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-6211373062113706/Store No. 560 614 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIES

Appears in 1 contract

Samples: Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

Grantor. XXXX XX EMPORIA VAHC-3873 N. PARKVIEW DRIVE, LLC, a Delaware limited liability company By: Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ Xxxx REIT Advisors IIIX. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer ACKNOWLEDGMENT STATE OF FLORIDA ) ) COUNTY OF HILLSBOROUGH ) On this 30 day of July, 2013, before me, Xxxxxxx Xxxxxxx, a Notary Public (or before any officer within this State or without the State now qualified under existing law to take acknowledgments), duly commissioned, qualified, and acting, within and for said County and State, appeared in person the within named Xxxx X. Xxxxxx (being the person authorized by said limited liability company to execute such instrument, stating his capacity in that behalf), to me personally well known (or satisfactorily proven to be such person), who stated that he was the Chief Executive Officer of Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, the general partner of Xxxxxx/Validus Operating Partnership LP, a Delaware limited partnership, the sole member of HC-3873 N. Parkview Drive, LLC, a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President STATE OF ARIZONA COUNTY OF MARICOPA The and was duly authorized in his capacity to execute the foregoing instrument was acknowledged before me on August 28, 2009, by XXXX X. XXXXX, instrument(s) for and in the Vice President of Xxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX EMPORIA VA, LLC, a Delaware limited liability company, on name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 30 day of July, 2013. /s/ Xxxx X. Xxxxx [Xxxxxxx Xxxxxxx Notary Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. Xxxxx Public My Commission Expires: September 302/11/2015 [Signature Page to Arkansas Mortgage] EXHIBIT “A” LEGAL DESCRIPTION TRACT 1 LOTS THIRTEEN (13), 2012 DEED FOURTEEN (14) AND FIFTEEN (15), XXXXXXX XXXXXX, XXXX 0, A SUBDIVISION TO THE CITY OF TRUST FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF RECORD IN PLAT BOOK 10, AT PAGES 00-00, XXXX XXXXXXX XX XXXXXXXXXX XXXXXX, XXXXXXXX. ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT THIRTEEEN (VIRGINIA13), VANTAGE SQUARE, UNIT 2, SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, SAID POINT BEING A SET 1/2” IRON REBAR; THENCE S01°12’54”E 415.40 FEET ALONG THE EAST LINE OF LOTS THIRTEEN (13), FOURTEEN (14) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan NoAND FIFTEEN (15) OF SAID XXXXXXX XXXXXX, XXXX 0 TO A CHISELED ‘X’ IN CONCRETE AT THE SOUTHEAST CORNER OF SAID LOT FIFTEEN (15); THENCE S88°57’05”W 149.93 FEET TO AN EXISTING IRON REBAR AT THE SOUTHWEST CORNER OF SAID LOT FIFTEEN (15); THENCE N01°13’12”W 415.13 FEET ALONG THE WEST LINE OF SAID LOTS FIFTEEN (15), FOURTEEN (14) AND THIRTEEN (13) TO AN EXISTING IRON REBAR AT THE NORTHWEST CORNER OF SAID LOT THIRTEEN (13); THENCE N88°50’47”E 149.97 FEET TO THE POINT OF BEGINNING, CONTAINING 1.43 ACRES, MORE OR LESS. 02-62113730/Store No. 560 Loan No. 02-62113730 EXHIBIT A DESCRIPTION OF LAND Unit No.: 560 Property Address: 000 Xxxxxx Xxxx, Emporia, Virgina Description of Land. The Land referred to in this Assignment is situated in the County of Greensville, State of Virginia and is described as follows: PARCEL 1 All that certain tract or parcel of land, together with all improvements thereon and all appurtenances thereto belonging, lying and being situate in the City of Emporia, Virginia, shown and designated as Parcel 1, 2.36 acres; 102,627 square feet on that certain plat dated March 5, 2003; last revised March 13, 2003; prepared by Xxxxxxxx Surveys, Inc. entitled Final Plat Market Drive Commerce Park, a copy of which was recorded March 14, 2003 in the Clerk’s Office, Circuit Court, Greensville County, Virginia, in Plat Book 15, page 82 and to which plat reference is hereby made for a more particular description of the property. Being the same property conveyed to Xxxx XX Emporia VA, LLC, a Delaware limited liability company, from CBOCS, Inc., a Virginia corporation; formerly known as CBOCS East, Inc. and formerly known as Cracker Barrel Old Country Store, Inc., by deed dated June 30, 2009 and recorded July 6, 2009 at Instrument No. 090000801. PARCEL 2 Together with non-exclusive stormwater drainage flow easement as set forth in deed from Xxxxx Xxxxxx Enterprises, LLC, a Virginia limited liability company, to Cracker Barrel Old Country Store, Inc., a Tennessee corporation, dated April 29, 2004 and recorded April 30, 2004 in the Clerk’s Office, Circuit Court, Greensville County, Virginia at instrument No. 040000788, Map No.122-TRACT 2-BK-C-1 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 SCHEDULE I LIST OF OTHER MORTGAGES AND CROSS-COLLATERALIZED PROPERTIES

Appears in 1 contract

Samples: And Security Agreement (Carter Validus Mission Critical REIT, Inc.)

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