Common use of IN TESTIMONY WHEREOF Clause in Contracts

IN TESTIMONY WHEREOF. the above named Landlord and the above named Tenant have executed this and three (3) other original instruments of identical year and date, on the day and year set forth on page 1 of this Lease. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before me, a Notary Public of the State and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing the name of such partnership, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.

Appears in 2 contracts

Samples: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)

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IN TESTIMONY WHEREOF. the above named Landlord I have hereunto set my hand and the above named Tenant have executed this and three (3) other original instruments of identical year and dateaffixed my official notarial seal at my office in , on the day and year set forth on page 1 of this Leasefirst above written. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before me, a Notary Public of the State and County aforesaidMy Commission Expires: EXHIBIT A BEGINNING AT A POINT ON THE EAST LINE OF XXXXXXX AVENUE, personally appeared JACK X. AS NOW LOCATED IN THE CITY OF SPRINGFIELD, XXXXXX COUNTY, MISSOURI 274.6 FEET NORTH OF THE NORTHEAST CORNER OF ST. LOUIS STREET AND SAID XXXXXXX AVENUE; THENCE NORTH ALONG SAID EAST LINE OF SAID XXXXXXX AVENUE, AS NOW LOCATED, TO THE XXXXXXXXX XXXXXX XX XXX X XX XXXX 0 OF MARBLEHEAD ADDITION, A SUBDIVISION IN SAID CITY; THENCE NORTHEASTERLY ALONG SAID NORTH LINE OF SAID LOT A, 38.9 FEET TO THE POINT WHERE SAID NORTH LINE OF SAID XXX 0 XXXX XXX MORRXX X. XXXXXXXXXX XXX XXXX; THENCE EAST ALONG SAID NORTH LINE OF SAID LOT A TO THE NORTHEAST CORNER OF SAID LOT A; THENCE SOUTH 19.5 FEET; THENCE SOUTHEASTERLY 190.7 FEET, XXESIDENT TO AN IRON ROD SET 178.12 FEET EAST OF SAID EAST LINE OF XXXXXXX AVENUE, AS NOW LOCATED; THENCE SOUTH 86 DEGREES 20 MINUTES WEST, 97.8 FEET; THENCE WEST TO THE POINT OF BEGINNING, ALL IN THE CITY OF SPRINGFIELD, XXXXXX COUNTY, MISSOURI, EXCEPT ANY PART THEREOF DEEDED, TAKEN OR USED FOR ROAD OR HIGHWAY PURPOSES. IT BEING THE INTENTION TO DESCRIBED ALL OF LOT A OF PLOT 1 IN MARBLEHEAD ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, IN THE CITY OF SPRINGFIELD, XXXXXX COUNTY, MISSOURI, AND VICE PRESIDENT, respectively, of PEABODY PLACE, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT CERTAIN PROPERTY CONVEYED BY X.X. XXXXXXXX AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing the name of such partnership, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.XXXXX

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

IN TESTIMONY WHEREOF. the above named Landlord and the above named Tenant have executed this and three (3) other original instruments of identical year and date, on the day and year set forth on page 1 of this Lease. LANDLORD: Peabody Place Centre, Belz Xxxco L.P. BY: PEABODY PLACEBELZ XXXESTCO, L.P., General Partner BY: URCO, INC., General Partner By: /s/ MORRXX Morrxx X. XXXXXX ----------------------------------------- Xxxxxx --------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK Irvix X. XXXX ----------------------------------------- Jack Xxxxx --------------------------------------- Irvix X. XxxxXxxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice Xxce President TENANT: Silicon EntertainmentBack Yard Burgers, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS/s/Lattxx Xxxxxxx --------------------------------------- Lattxx Xxxxxxx, XXO Exhibits: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, Belz Xxxco L.P. and Silicon EntertainmentBack Yard Burgers, Inc. for Peabody Place Retail/Entertainment Development 1657 Xxxxxx Xxxx Xxxxx North at space numbers 214, 216, and 218number 103-106. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before me, a Notary Public of the State and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXXXXXXXX XXX IRVIX X. XXXXX, XXESIDENT AND VICE PRESIDENTXXCE PRESIDENTS, respectively, respectively of PEABODY PLACEURCO, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, BELZ XXXESTCO L.P., a Tennessee limited partnership, the general of BELZ XXXCO L.P., A Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENTPRESIDENTS, respectively respectively, of PEABODY PLACEURCO, INC., General Partner, of PEABODY PLACE CENTREBELZ XXXESTCO L.P., the general partner of BELZ XXXO L.P., and that they as such PRESIDENT AND VICE PRESIDENTPRESIDENTS, respectively, executed the foregoing instrument for the purpose therein contained by signing the name of such partnershippartnerships by such corporation, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENTPRESIDENTS, respectively respectively, of such corporation. WITNESS my hand and Notarial Seal, at office in Memphis, Tennessee, this, the 12th day of November, 1999. /s/ Dawnxxx Xxxxxxx ------------------------------------- Notary Public My Commission Expires: 2/13/02 STATE OF Tennessee COUNTY OF Shelby Before me, a Notary Public of the State and County aforesaid, personally appeared LATTXX XXXXXXX xxxh whom I am personally acquainted, (or proved to me on the basis of satisfactory evidence) and who, upon oath, acknowledge himself to be the CEO of BACK YARD BURGERS, INC., the within named bargainor, a Delaware corporation, and that he executed the foregoing instrument for the purposes therein contained by signing the name of such corporation by himself as such PRESIDENT. Witness my hand, at office, this 12th day of November, 1999. /s/ Dixix XxXxxxxxx ------------------------------------- Notary Public My Commission Expires: 3/14/00 TABLE OF CONTENTS TO EXHIBIT B TO INDUSTRIAL LEASE AGREEMENT

Appears in 1 contract

Samples: Industrial Lease Agreement (Back Yard Burgers Inc)

IN TESTIMONY WHEREOF. the above named Landlord I have hereunto subscribed my name and the above named Tenant have executed affixed my official seal this and three __ day of __________, ____ at _________, ______________. _______________________________ Notary Public My Commission Expires: (3Notarial Seal) other original instruments of identical year and date, on the day and year set forth on page 1 of this Lease. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 ACKNOWLEDGMENT STATE OF TENNESSEE ) ) SS COUNTY OF SHELBY _______) Before me, a Notary Public of the State in and County aforesaidfor said County, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INC._______________, a Tennessee corporation_______________, said corporation is by the general partner ________________ of PEABODY PLACE CENTREsuch ______________, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath who acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed (s)he did sign the foregoing instrument for on behalf of said _____________ and that said instrument is the purpose therein contained by signing voluntary act and deed of said _______________ and his/her voluntary act and deed as such officer of said ______________. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal this __ day of __________, ____ at _________, ______________. _______________________________ Notary Public My Commission Expires: (Notarial Seal) EXHIBIT “A” to Landlord Agreement Lease2 (attached hereto) 2 To include legal description of the name premises EXHIBIT “D” Form of such partnershipThird Party Agreement3 To: JPMORGAN CHASE BANK, N.A., as one Administrative Agent Loan and Agency Services Group 000 Xxxxxxx Xxxxxxxxxx Road, Ops 0, 0xx Xxxxx Xxxxxx, XX 00000 Attention of Xxx Xxxx Fax No. (000) 000-0000 [Name of Entity], [Type of Entity], (“Grantor”), now does or hereafter may have certain of its merchandise, inventory, or other of its personal property for processing, storage, consignment, engineering, evaluation or repairs, located at ______________ (the “Premises”) owned or leased by the undersigned. Grantor has entered into that certain Security Agreement dated as of September 30, 2016 by and among Tesoro Corporation (the “Company”), certain subsidiaries of the general partners Company and JPMorgan Chase Bank, National Association, as Agent (the “Agent”) (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Security Agreement”) to secure the obligations of the Company under that certain Credit Agreement dated as of September 30, 2016 by themselves and among the Company, the financial institutions from time to time parties thereto as PRESIDENT AND VICE PRESIDENTlenders (collectively, respectively the “Lenders”) and the Agent (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein but not defined herein or in the Security Agreement shall have the meanings ascribed thereto in the Credit Agreement. In order to induce the Agent and the Lenders (together with their respective agents, successors and assigns) to continue such financing arrangements, and for other good and valuable consideration, the receipt and sufficiency of such corporation.which are hereby acknowledged, the undersigned hereby certifies and agrees that:

Appears in 1 contract

Samples: Credit Agreement (Tesoro Corp /New/)

IN TESTIMONY WHEREOF. the above named Landlord and the above named Tenant parties hereto have executed this and three (3) other original instruments Lease as of identical year and date, on the day and year set forth on page 1 of this Leasedate aforesaid all pursuant to authority duly granted. LANDLORDLESSOR: Peabody Place Centre, L.P. BYLESSEE: PEABODY PLACEBRANCH BANKING AND TRUST COMPANY EOIR TECHNOLOGIES, INC., General Partner . By: /s/ MORRXX Wxxxxxx X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President Xxxxx By: /s/ JACK Wxxxxxx X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Xxxxxxx Xx. ------------------------------ ------------------------------- Its: Vice President ---------------------------------------- EXHIBITSIts: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit Vice President (if applicableACTG) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 ----------------------------- ------------------------------ WITNESSES (as to Lessor): WITNESSES (as to Lessee): /s/ Pxxxx M__________ /s/ Kxxxx Xxxxxxx ---------------------------------- ----------------------------------- ---------------------------------- ----------------------------------- STATE OF TENNESSEE NORTH CAROLINA - FORSYTH COUNTY OF SHELBY Before meI, a Notary Public of the County and State and County aforesaid, certify that WXXXXXX X. XXXXX personally appeared JACK X. XXXX XXX MORRXX X. XXXXXXbefore me this day and acknowledged that (S)he is the VICE PRESIDENT of BRANCH BANKING AND TRUST COMPANY, XXESIDENT AND a NORTH CAROLINA corporation, and that as VICE PRESIDENT, respectivelybeing authorized to do so, executed the foregoing instrument on behalf of PEABODY PLACEthe corporation. Witness my hand and official stamp or seal, this 10th day of JULY, 2002. (Stamp/Seal) /s/ Mxxxxx Xxxxx -------------------------------------- Notary Public My Commission Expires November 1, 2000 XXXXX XX XXXXXXXX - XXXX XX XXXXXXXXXXXXXX XXXXXX I, a Notary Public of the County and State aforesaid, certify that WXXXXXX X. XXXXXXX XX. personally appeared before me this day and acknowledged that (s)he is the VICE PRESIDENT (ACTG.) of EOIR TECHNOLOGIES, INC., a Tennessee S-CORP. corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND as VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectivelybeing authorized to do so, executed the foregoing instrument for on behalf of the purpose therein contained by signing corporation. Witness my hand and official stamp or seal, this 8th day of JULY, 2002. (Stamp/Seal) /s/ Axx Xxxxxxx Xxxxx -------------------------------------- Notary Public My Commission Expires April 30th, 2006 EXHIBIT A LEGAL DESCRIPTION All of that certain lot or parcel of land located in Prince Wxxxxxx County, Virginia, and more particularly described as follows: BEGINNING at the iron pipe found in the northerly line of Lxx 00, Xxxxxxxxxx Xxxxxxxxxxx, Xxxxx 1, as recorded in deed Book 181 at Page 197. said pipe being an easterly corner to a parcel of land in the name of such partnershipPrince Wxxxxxx County School Board, as one recorded in Deed Book 97 at Page 256; thence with the easterly line of said Prince Wxxxxxx County School Board N 28(0) 33' 32" W, 102.30 feet to an iron pipe found; and thence N 20(0) 26' 32" W, 209.06 feet to an iron pipe set in the southerly line of a parcel of land in the name of Hachinger Enterprises as recorded in Deed Book 754 at Page 568; thence with the northeasterly line of said Hachinger Enterprises N 63(0) 54' 03" E, 267.68 feet to an iron pipe set in the westerly line of Devils' Reach Road, Route 6748, variable width (34 feet from centerline as established in Deed Book 1504 at Page 955); thence with said westerly line of Devil's Reach Road S 26(0) 11' 57" E, 306.98 feet to an iron pipe set in the northerly line of Lot 24 of the general partners aforementioned Morenbaker Subdivision, Block 1; thence with the outline of said Morenbaker Subdivision, BLOCK 1, S 63(0) 48' 03" W, 191.00 feet to an iron pipe found; and thence S 62(0) 05' 47" N, 93.48 feet to the point of beginning; containing 1.98406 +/- acres of land. Being the same property conveyed to Piedmont Federal Savings Bank, a federally chartered savings bank, by themselves deed from Dxxxxx X Xxxxxx, Substituted Trustee, dated July 6, 1992 and recorded August 21, 1992 in the Clerk's Office, Circuit Court, Prince Wxxxxxx County, Virginia, in Deed Book 1912, Page 682. By order entered in Deed Book 1941, page 302, and in Deed Book 1941, page 307, property was vested in Resolution Trust Corporation, a Receiver for Piedmont Federal Savings Bank, Manassas, Virginia. By Purchase and Assumption Agreement dated October 9, 1992, recorded in Deed Book 1911, page 333, Resolution Trust Corporation in its capacity as PRESIDENT AND VICE PRESIDENTConservator for Piedmont Federal Savings Association, respectively Manassas, Virginia, was vested with title. EXHIBIT B FLOOR PLAN OF PREMISES [DIAGRAM OF FLOOR PLAN APPEARS HERE] EXHIBIT C PARKING While this lease or any extension hereof is in effect, Lessee shall have the right to 22 parking spaces in the parking lot of such corporationthe property on a first come basis. Said parking spaces are currently at no additional cost to the lessee. However, Lessee acknowledges that the Lessor reserves the right to establish monthly parking fees for this lot, which they will be subject to with 60 day written notice from the Lessor.

Appears in 1 contract

Samples: Lease Agreement (Technest Holdings Inc)

IN TESTIMONY WHEREOF. the above named Landlord and the above named Tenant have this instrument is executed this and three (3) other original instruments effective as of identical year and date, on the day and year set forth on page 1 of this Leasefirst above written. LANDLORDLENDER: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before me, a Notary Public of the State and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACEINLAND WESTERN RETAIL REAL ESTATE TRUST, INC., a Tennessee corporation, said Maryland corporation is the general partner of PEABODY PLACE CENTREBy: Name: Title: : LANDLORD: SLTS GRAND AVENUE, L.P., a Tennessee Texas limited partnership By: SLTS Grand Avenue Genpar, L.L.C., a Texas limited liability company, its general partner By: Xxxxxx & Xxxxxxxx, X.X., sole member By: CS Town Centres, LLC, general partner By: Xxxxx X. Xxxxxxxx, Member TENANT: QUALITY SYSTEMS INC., a California corporation, d/b/a QSI, Inc. By: Name: Title: STATE OF________________ § § COUNTY OF______________ § This instrument was acknowledged on the____ day of ____________________, 2006, by ________________________________________, _________________________________________ of Inland Western Retail Real Estate Trust, Inc., a Maryland corporation, on behalf of said corporation. Notary Public in and for the State of______________ STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged by me on this _____ day of ________________, 2006, by Xxxxx X. Xxxxxxxx, Member of CS Town Centres, LLC, as general partner of Xxxxxx & Xxxxxxxx, X.X., as sole member of SLTS Grand Avenue Genpar, L.L.C., a Texas limited liability company, as general partner of SLTS Grand Avenue, L.P., a Texas limited partnership, with whom I am personally acquaintedon behalf of such limited liability companies and limited partnerships. Notary Public for the State of Texas STATE OF TEXAS § § COUNTY OF______________ § This instrument was acknowledged on the ____ day of ____________________, 2006, by ________________________________________, ________________________________________ of Quality Systems Inc., a California corporation, d/b/a QSI, Inc., on behalf of said corporation. Notary Public in and whofor the State of Texas EXHIBIT “I” LANDLORD’S SUBORDINATION The undersigned is the Landlord pursuant to lease dated ________________________________ (the “Lease”) between SLTS GRAND AVENUE, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENTL.P., respectively of PEABODY PLACEa Texas limited partnership, as Landlord and QUALITY SYSTEMS INC., General Partnera California corporation, d/b/a QSI, Inc. as Tenant for the Demised Premises located at ________________________________________________, Xxxxxxxxx, Xxxxx 00000. Wherein Tenant, in order to induce ________________________________________________ (“Lender”), to make all or any part of PEABODY PLACE CENTREa loan to Tenant (“Loan”), Landlord hereby, in order to enable Tenant to obtain the Loan from Lender, subordinates its lien, whether constitutional, statutory or contractual, in any personal property or removable trade fixtures of Tenant now or hereafter located on the Demised Premises (the “Collateral”, to the security interest of Lender in the Collateral, and agrees that Landlord’s lien in the Collateral shall be inferior to Lender’s security interest in the Collateral. In the event Tenant is in default under the Loan and Lender shall deem it necessary or desirable to foreclose on Lender” security interest, and to take possession of the Collateral, Lender may, upon ten (10) days prior written notice to Landlord, enter the Demised Premises and remove and take possession of the Collateral; provided, however, that Lender will only be entitled to enter onto the Demised Premises for the minimum period of time necessary to remove the Collateral. If Landlord delivers written notice to Lender requiring that Lender remove the Collateral and Lender does not do so within thirty (30) days after the date of such notice, then Lender will be deemed conclusively to have abandoned the Collateral and Landlord may remove the Collateral and dispose of it as Landlord wishes without being required to account for such disposition or the Collateral to Lender. If Lender’s removal of the Collateral damages the Demised Premises or the Project in any way, then Lender must, upon demand by Landlord, reimburse Landlord for the cost of repairing the Demised Premises or the Project or both, as the case may be. Before Lender enters upon the Demised Premises or at any time while Lender is in the Demised Premises, Landlord may make a reasonable estimate of the anticipated cost of such repair work and require Lender to deposit a reasonably estimated amount with Landlord as a condition to Lender’s right to enter upon or continue to enter upon the Demised Premises, although such estimate will not be binding upon Landlord and will not limit Lender’s liability to Landlord for such damage to the Demised Premises. Lender agrees to provide to Landlord copies of any notices of default or foreclosure proceedings contemporaneously with providing such notices to Tenant. Dated this ____ day of __________________________, 2006. LANDLORD: SLTS GRAND AVENUE, L.P., a Texas limited partnership By: SLTS Grand Avenue Genpar, L.L.C., a Texas limited liability company, its general partner By: Xxxxxx & Xxxxxxxx, X.X., sole member By: CS Town Centres, LLC, general partner By: Xxxxx X. Xxxxxxxx, Member STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged by me on this _____ day of _________________, 2006, by Xxxxx X. Xxxxxxxx, Member of CS Town Centres, LLC, as general partner of Xxxxxx & Xxxxxxxx, X.X., as sole member of SLTS Grand Avenue Genpar, L.L.C., a Texas limited liability company, as general partner of SLTS Grand Avenue, L.P., a Texas limited partnership, on behalf of such limited liability companies and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument limited partnerships. Notary Public for the purpose therein contained by signing the name State of such partnershipTexas Address of Lender for Notice: Address of Landlord: c/o Cooper & Xxxxxxxx, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENTX.X. 0000 Xxxx Xxxxxx, respectively of such corporation.Xxxxx 000 Xxxxxxxxx, Xxxxx 00000 EXHIBIT “J” COMMUNICATION ANTENNA

Appears in 1 contract

Samples: Attornment and Subordination Agreement (Quality Systems Inc)

IN TESTIMONY WHEREOF. the above named Landlord Grantor and Lender have caused this Security Interest In Intellectual Property to be signed and executed by the above named Tenant have executed undersigned officers thereunto duly authorized this and three (3) other original instruments day of identical year and date, on the day and year set forth on page 1 of this Lease200___. LANDLORD[GRANTOR] By: Peabody Place Centre, L.P. BY-------------------------------- Name: PEABODY PLACE------------------------------ Title: ----------------------------- HYATT GAMING MANAGEMENT, INC., General Partner . By: /s/ MORRXX X. XXXXXX -------------------------------- Name: ------------------------------ Title: ----------------------------- STATE OF ) -------------------------------------------- ) SS COUNTY OF ) ------------------------------------------- On this day of , 200__, there appeared before me , personally known to me, who acknowledged that he/she signed the foregoing Hyatt Gaming Security Interest In Intellectual Property as his/her voluntary act and deed on behalf and with full authority of [GRANTOR]. ----------------------------------- Notary Public STATE OF ) -------------------------------------------- ) SS COUNTY OF ) ------------------------------------------- On this day of , 200__, there appeared before me , personally known to me, who acknowledged that he/she signed the foregoing Hyatt Gaming Security Interest In Intellectual Property as his/her voluntary act and deed on behalf and with full authority of Hyatt Gaming Management, Inc. ----------------------------------- Notary Public SCHEDULE A [PATENTS/TRADEMARKS/COPYRIGHTS] ------------------------------- TITLE REGISTRATION ISSUE DATE NUMBER [PATENT/TRADEMARK/COPYRIGHT] APPLICATIONS ----------------------------------------- Morrxx X. XxxxxxTITLE SERIAL NO. FILING DATE ANNEX II FORM OF AMENDMENT TO HYATT GAMING SECURITY AGREEMENT (ADDITIONAL DEBTOR) This Amendment to Hyatt Gaming Security Agreement (Additional Debtor) (this "Amendment"), Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxxdated as of ___________, Xxesident HOTEL PEABODY____, L.P. By: Perim relates to the Hyatt Gaming Security Agreement dated as of March 14, 2000 (as amended, restated, supplemented or otherwise modified from time to time, the "Agreement") executed by Windsor Woodmont Black Hawk Resort Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxxa Colorado corporation ("Debtor") and Hyatt Gaming Management, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before meInc., a Notary Public Nevada corporation (together with its successors and assigns, the "Lender"). Capitalized terms used but not otherwise defined herein shall have the meanings given in the Agreement. In compliance with Section 4.5(s) of the State Subordinated Loan Agreement dated as of March 14, 2000 (as amended, supplemented or otherwise modified from time to time, the "Subordinated Loan Agreement") between Debtor and County aforesaidLender, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, [NAME OF RESTRICTED SUBSIDIARY] ("Additional Debtor") and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they Lender hereby agree as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing the name of such partnership, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.follows:

Appears in 1 contract

Samples: Hyatt Gaming Security Agreement (Windsor Woodmont Black Hawk Resort Corp)

IN TESTIMONY WHEREOF. the above named Landlord and the above named Tenant have executed this and three (3) other original instruments of identical year and date, on the day and year set forth on page 1 of this Lease. LANDLORD: Peabody Place Centre, Xxxx Devco L.P. BY: PEABODY PLACEXXXX INVESTCO, L.P., Limited Partnership BY: URCO, INC., General Partner Limited Partnership By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx _________________________________ Xxxxxx X. Xxxxxx, Xxce Vice President By: /s/ JACK X. XXXX ----------------------------------------- Jack _________________________________ Xxxxxx X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon EntertainmentPlanet Rx, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice _________________________________ Xxxx Xxxxxxx, President ---------------------------------------- EXHIBITSExhibits: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before me, a Notary Public of the State and County aforesaid, personally appeared JACK XXXXXX X. XXXX XXX MORRXX XXXXXX AND XXXXXX X. XXXXXXXXXX, XXESIDENT VICE PRESIDENT AND VICE PRESIDENT, respectively, respectively of PEABODY PLACEURCO, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTREXXXX INVESTCO L.P., a Tennessee limited partnership, the general partner of XXXX DEVCO L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the VICE PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACEURCO, INC., General PartnerPartner of XXXX INVESTCO L.P., the general partner of PEABODY PLACE CENTRE, XXXX DEVCO L.P., and that they as such VICE PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing the name of such partnershippartnerships by such corporation, as one of the general partners by themselves as VICE PRESIDENT AND VICE PRESIDENT, respectively respectively, of such corporation. WITNESS my hand and Notarial Seal, at office in Memphis, Tennessee, this, the 16/th/ day of October, 1998. _________________________________________ Notary Public My Commission Expires: _________________ STATE OF TENNESSEE COUNTY OF SHELBY Before me, a Notary Public of the State and County aforesaid, personally appeared XXXX XXXXXXX, with whom I am personally acquainted, (or proved to me on the basis of satisfactory evidence) and who, upon oath acknowledged himself to be the PRESIDENT of PLANET RX, INC., the named bargainor, a California corporation, and that he executed the foregoing instrument for the purpose therein contained by signing the name of such corporation by himself as such PRESIDENT. Witness my hand, at office, this, the 11/th/ day of October, 1998. _________________________________________ Notary Public My Commission Expires: _________________

Appears in 1 contract

Samples: Industrial Lease Agreement (Planetrx Com)

IN TESTIMONY WHEREOF. the above named Landlord and the above named Tenant I have executed this and three (3) other original instruments of identical year and date, on the day and year set forth on page 1 of this Lease. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216hereunto subscribed my name, and 218affixed my official seal, this 30th day of May, 1991. 11 s/s Xxxx X. Xxxxxxx _______________________________ Notary Public My Commission Expires: 4/22/92 TENANT - Individual: STATE OF TENNESSEE COUNTY OF SHELBY Before meBEFORE ME, a Notary Public of the State in and County aforesaidfor said County, personally appeared JACK ___________________________ known to me to be the person(s) who executed the foregoing instrument in its capacity as Landlord, signed the same, and acknowledged to me that (s)he did so sign said instrument in the name and that the same is his/her free act and deed. IN TESTIMONY WIIEREOF, I have hereunto subscribed my name, and afflxed my official seal this day of 19_. _______________________________ Notary Public My Commission Expires: TENANT - Partnership: STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, a Notary Public in and for said County, personally appeared Xxxx X. XXXX XXX MORRXX Xxxxxxxx and _______________________ known to me to be the person(s) and who, as President and ____________________, respectively , of Datalinc-I, Ltd., the partnership which executed the foregoing instrument in its capacity as Tenant, signed the same, and acknowledged to me that they did so sign said instrument in the name and upon behalf of said partnership, that the same is their free act and deed and they were duly authorized thereunto by the partnership. IN TESTIMONY WHEREOF, I have subscribed my name, and affixed my official seal, this 8th day of May, 1991. s/s Xxxxx X. XXXXXXXxxxxxxxx _______________________________ Notary Public My Commission Expires: Notary Public, XXESIDENT AND VICE PRESIDENTState of Florida at Large My Commission Expires June 1, 1991 TENANT - Corporation: STATE OF COUNTY OF BEFORE ME, a Notary Public in and for said County, personally appeared __________________ and __________________ known to me to be the person(s) who, as ___________________ and ___________________, respectively, of PEABODY PLACE, INC., a Tennessee corporation, said the corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, which executed the foregoing instrument for in its capacity as Tenant, signed the purpose therein contained by signing same, and acknowledged to me that they did so sign said Instrument In the name and upon behalf of said corporation as officers of said corporation. that the same Is their free act and deed as such partnershipofficers, as one respectively, and they were duly authorized thereunto by its board of directors; and that the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively seal affixed to said instrument is the corporate seal of such said corporation.

Appears in 1 contract

Samples: Lease Agreement (Thrucomm Inc)

IN TESTIMONY WHEREOF. the above named Landlord and the above named Tenant have each party has executed this and three (3) other original instruments of identical year and date, on the day and year set forth on page 1 of this LeaseAssignment by its proper officers thereunto duly authorized. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon EntertainmentTrident Microsystems, Inc. ByName: /s/ [ILLEGIBLE] ----------------------------------------- ItsTitle: Vice President ---------------------------------------- EXHIBITSDate: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicableState of ___________________ ) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre) ss. County of _________________ ) On this day of , L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before me, a Notary Public of the State and County aforesaid, 20 before me personally appeared JACK X. XXXX XXX MORRXX X. XXXXXXthe foregoing individual, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, who executed the foregoing instrument and who acknowledged to me that he/she executed the same of his/her own free will for the purpose purposes therein contained by signing set forth. Notary Public, (seal) __________________ County, State of ________________ My Commission Expires:___________________________ Entropic Communications, Inc. Name: Title: Date: State of ___________________ ) ) ss. County of _________________ ) On this day of , 20 before me personally appeared the name foregoing individual, who executed the foregoing instrument and who acknowledged to me that he/she executed the same of such partnershiphis/her own free will for the purposes therein set forth. Notary Public, as one (seal) __________________County, State of ________________ My Commission Expires:___________________________ [_____________________] Name: Title: Date: State of ___________________ ) ) ss. County of _________________ ) On this day of , 20 before me personally appeared the foregoing individual, who executed the foregoing instrument and who acknowledged to me that he/she executed the same of his/her own free will for the purposes therein set forth. Notary Public, (seal) __________________County, State of ________________ My Commission Expires:___________________________ EXHIBIT J BID PROCEDURES BIDDING PROCEDURES Set forth below are the bidding procedures (the “Bidding Procedures”) to be employed in connection with the sale of certain tangible and intangible assets related to the set-top box business (the “Purchased Assets’”) of the general partners by themselves Debtors and of each of the Debtors’ subsidiaries that owns Purchased Assets (the “Subsidiaries”, and together with the Debtors, the “Sellers”), in connection with the jointly administered chapter 11 cases pending in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), lead case number [12-10069 (CSS)]. The Sellers entered into that certain asset purchase agreement, dated January 3, 2012 between the Sellers on the one hand and Entropic Communications, Inc. (the “Stalking Horse Purchaser”), pursuant to which the Stalking Horse Purchaser shall acquire the Purchased Assets on the terms and conditions specified therein (together with the schedules and related documents thereto, the “Stalking Horse Agreement”). The sale transaction pursuant to the Stalking Horse Agreement is subject to competitive bidding as PRESIDENT AND VICE PRESIDENT, respectively of such corporationset forth herein. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Stalking Horse Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Entropic Communications Inc)

IN TESTIMONY WHEREOF. this instrument is executed effective as of the above named Landlord and the above named Tenant have executed this and three (3____ day of ___________________, 199__. ---------------------------------------- By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- Exhibit A - Land Exhibit B - Encumbrances STATE OF TEXAS ) other original instruments ) COUNTY OF DALLAS ) This instrument was acknowledged before me on _____, 199__, by ______________________, _______________________ of identical year and date___________________, a ______________________________, on behalf of said _____________________. --------------------------------- Notary Public in and for the day State of Texas My Commission Expires: --------------------------------- STATE OF TEXAS ) ) COUNTY OF DALLAS ) This instrument was acknowledged before me on _______, 199__, by ______________________, _______________________ of ___________________, a ______________________________, on behalf of said _____________________. --------------------------------- Notary Public in and year set forth for the State of Texas My Commission Expires: --------------------------------- Exhibit A - Land Exhibit B - Existing Encumbrances EXHIBIT A to Exhibit C LEGAL DESCRIPTION EXHIBIT B to EXHIBIT C ENCUMBRANCES EXHIBIT D BILL XX SALE FOR VALUE RECEIVED, the undersigned ("Seller") hereby sells and assigns to AMERICAN INDUSTRIAL PROPERTIES REIT, a Texas real estate investment trust ("Buyer"), all of the undersigned's right, title and interest in and to all equipment, fixtures, inventory and other tangible personal property of any kind and nature owned by Grantor and attached to or located on page 1 of this Lease. LANDLORD: Peabody Place Centrethe real property described on Exhibit A attached hereto ("Real Property"), L.P. BY: PEABODY PLACEincluding without limitation all furniture, INC.furnishings, General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxxfloor coverings; office equipment and supplies; heating, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxxlighting, Xxesident HOTEL PEABODYrefrigeration, L.P. By: Perim Corp.plumbing, General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxxventilating, Xxnior Vice President TENANT: Silicon Entertainmentincinerating, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centrecommunication, L.P. electrical, air conditioning fixtures, systems and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216equipment; disposals; window screens; storm windows; sprinklers; hoses; tools; lawn equipment; elevators and escalators; compressors; engines; boilers, and 218. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before meall other related machinery, a Notary Public of equipment, fixtures, supplies, replacement parts and other tangible personal property whatsoever, including, without limitation, the State personal property described in Schedule 1 which is attached hereto and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INCincorporated herein., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing the name of such partnership, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Industrial Properties Reit Inc)

IN TESTIMONY WHEREOF. the above named Landlord and the above named Tenant parties hereto have executed this and three (3) other original instruments Lease as of identical year and date, on the day and year set forth on page 1 of this Leasedate aforesaid all pursuant to authority duly granted. LANDLORDLESSOR: Peabody Place Centre, L.P. BYLESSEE: PEABODY PLACEBRANCH BANKING AND TRUST COMPANY EOIR TECHNOLOGIES, INC., General Partner . By: /s/ MORRXX Xxxxxxx X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President Xxxxx By: /s/ JACK Xxxxxxx X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Xxxxxxx Xx. ------------------------------ ------------------------------- Its: Vice President ---------------------------------------- EXHIBITSIts: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit Vice President (if applicableACTG) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 ----------------------------- ------------------------------ WITNESSES (as to Lessor): WITNESSES (as to Lessee): /s/ Xxxxx M__________ /s/ Xxxxx Xxxxxxx ---------------------------------- ----------------------------------- ---------------------------------- ----------------------------------- STATE OF TENNESSEE NORTH CAROLINA - FORSYTH COUNTY OF SHELBY Before meI, a Notary Public of the County and State and County aforesaid, certify that XXXXXXX X. XXXXX personally appeared JACK X. XXXX XXX MORRXX X. XXXXXXbefore me this day and acknowledged that (S)he is the VICE PRESIDENT of BRANCH BANKING AND TRUST COMPANY, XXESIDENT AND a NORTH CAROLINA corporation, and that as VICE PRESIDENT, respectivelybeing authorized to do so, executed the foregoing instrument on behalf of PEABODY PLACEthe corporation. Witness my hand and official stamp or seal, this 10th day of JULY, 2002. (Stamp/Seal) /s/ Xxxxxx Xxxxx -------------------------------------- Notary Public My Commission Expires November 1, 0000 XXXXX XX XXXXXXXX - XXXX XX XXXXXXXXXXXXXX XXXXXX I, a Notary Public of the County and State aforesaid, certify that XXXXXXX X. XXXXXXX XX. personally appeared before me this day and acknowledged that (s)he is the VICE PRESIDENT (ACTG.) of EOIR TECHNOLOGIES, INC., a Tennessee S-CORP. corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND as VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectivelybeing authorized to do so, executed the foregoing instrument for on behalf of the purpose therein contained by signing corporation. Witness my hand and official stamp or seal, this 8th day of JULY, 2002. (Stamp/Seal) /s/ Xxx Xxxxxxx Xxxxx -------------------------------------- Notary Public My Commission Expires April 30th, 2006 EXHIBIT A LEGAL DESCRIPTION All of that certain lot or parcel of land located in Prince Xxxxxxx County, Virginia, and more particularly described as follows: BEGINNING at the iron pipe found in the northerly line of Xxx 00, Xxxxxxxxxx Xxxxxxxxxxx, Xxxxx 1, as recorded in deed Book 181 at Page 197. said pipe being an easterly corner to a parcel of land in the name of such partnershipPrince Xxxxxxx County School Board, as one recorded in Deed Book 97 at Page 256; thence with the easterly line of said Prince Xxxxxxx County School Board N 28(0) 33' 32" W, 102.30 feet to an iron pipe found; and thence N 20(0) 26' 32" W, 209.06 feet to an iron pipe set in the southerly line of a parcel of land in the name of Hachinger Enterprises as recorded in Deed Book 754 at Page 568; thence with the northeasterly line of said Hachinger Enterprises N 63(0) 54' 03" E, 267.68 feet to an iron pipe set in the westerly line of Devils' Reach Road, Route 6748, variable width (34 feet from centerline as established in Deed Book 1504 at Page 955); thence with said westerly line of Devil's Reach Road S 26(0) 11' 57" E, 306.98 feet to an iron pipe set in the northerly line of Lot 24 of the general partners aforementioned Morenbaker Subdivision, Block 1; thence with the outline of said Morenbaker Subdivision, BLOCK 1, S 63(0) 48' 03" W, 191.00 feet to an iron pipe found; and thence S 62(0) 05' 47" N, 93.48 feet to the point of beginning; containing 1.98406 +/- acres of land. Being the same property conveyed to Piedmont Federal Savings Bank, a federally chartered savings bank, by themselves deed from Xxxxxx X Xxxxxx, Substituted Trustee, dated July 6, 1992 and recorded August 21, 1992 in the Clerk's Office, Circuit Court, Prince Xxxxxxx County, Virginia, in Deed Book 1912, Page 682. By order entered in Deed Book 1941, page 302, and in Deed Book 1941, page 307, property was vested in Resolution Trust Corporation, a Receiver for Piedmont Federal Savings Bank, Manassas, Virginia. By Purchase and Assumption Agreement dated October 9, 1992, recorded in Deed Book 1911, page 333, Resolution Trust Corporation in its capacity as PRESIDENT AND VICE PRESIDENTConservator for Piedmont Federal Savings Association, respectively Manassas, Virginia, was vested with title. EXHIBIT B FLOOR PLAN OF PREMISES [DIAGRAM OF FLOOR PLAN APPEARS HERE] EXHIBIT C PARKING While this lease or any extension hereof is in effect, Lessee shall have the right to 22 parking spaces in the parking lot of such corporationthe property on a first come basis. Said parking spaces are currently at no additional cost to the lessee. However, Lessee acknowledges that the Lessor reserves the right to establish monthly parking fees for this lot, which they will be subject to with 60 day written notice from the Lessor.

Appears in 1 contract

Samples: Lease Agreement (Technest Holdings Inc)

IN TESTIMONY WHEREOF. the above named Landlord Grantor and the above named Tenant Grantee have executed this and three (3) other original instruments Deed of identical year and date, on Conveyance the day and year set forth on page 1 of this Leaseand: date first above written. LANDLORDGRANTEE: Peabody Place CentreGRANTOR: BUCKHORN RESOURCES, L.P. BY: PEABODY PLACE, INC., General Partner LLC EAST KENTUCKY LAND CORPORATION By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President Xxxxx Xxxxx Xxxxxxx By: /s/ JACK Xxxxx X. XXXX ----------------------------------------- Jack Large Its: Managing Member Its: President COMMON WEALTH OF KENTUCKY COUNTY OF State at Large Subscribed and sworn to before me by Xxxxx Xxxxx Xxxxxxx, Buckhorn Resources, LLC, this 6th day of January, 2005. /s/ NOTARY PUBLIC My Commission Expires: 03/04/07 COMMON WEALTH OF KENTUCKY COUNTY OF State at Large Subscribed and sworn to before me by Xxxxx X. XxxxLarge, Xxesident HOTEL PEABODYEast Kentucky Land Corporation, L.P. Bythis 6th day of January, 2005. /s/ NOTARY PUBLIC My Commission Expires: Perim Corp., General Partner By03/04/07 PREPARED BY: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development XXXXXX XXXXXXX Attorney at space numbers 214, 216, and 218. 11 Law 0000 Xxx Xxxxxxx Xxxx Xxxxxxxxx XX 00000 STATE OF TENNESSEE KENTUCKY COUNTY OF SHELBY Before mePERRY I, a Notary Public HAVEN KING, Clerk of the State and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged aforesaid do certify that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument was lodged for record in my office and it the purpose therein contained by signing the name foregoing and this my certificate have been duly recorded in my office in Deed Book No. 313 Page 241. Witness my hand this 7th day of such partnershipJanuary 2005. Haven King, as one of the general partners by themselves as PRESIDENT Clerk Perry County By: /s/ Xxxxxxx Xxx Xxxxxx D.C. STATE OF KENTUCKY COUNTY OF XXXXXX I, XXXXX XXXXX, CLERK OF THE COUNTY AND VICE PRESIDENTSTATE AFORESAID, respectively of such corporation.DO HEREBY CERTIFY THAT THE FOREGOING DEED WAS ON THE 7TH DAY OF JANUARY, 2005, LODGED IN MY OFFICE FOR RECORD, AND THAT, IF, THE FOREGOING AND THIS CERTIFICATION HAVE BEEN DULY RECORDED IN MY SAID OFFICE IN, LODGED IN MY OFFICE FOR RECORD, AND THAT, IF, THE FOREGOING AND THIS CERTIFICATION HAVE BEEN DULY RECORDED IN MY SAID OFFICE IN DEED BOOK NO. 165, PAGE 555. WITNESS MY HAND THIS 07 DAY OF JANUARY 2005. XXXXX XXXXX CLERK /S/

Appears in 1 contract

Samples: Deed of Conveyance (Consolidation Services Inc)

IN TESTIMONY WHEREOF. the above named Landlord Board of Directors of NELNET EDUCATION LOAN FUNDING, INC. has caused this note to be executed by the manual or facsimile signatures of the President and Secretary of the above named Tenant have executed this Issuer all as of the Original Issue Date. NELNET EDUCATION LOAN FUNDING, INC. By --------------------------------------- President By --------------------------------------- Secretary CERTIFICATE OF AUTHENTICATION WELLS FARGO BANK, NATIONAL ASSOCIATION, as Indenture Trustee By --------------------------------------- Authorized Signatory Authentication Date: C-8 ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and three transfers unto __________ (3Social Security or other identifying number __________) other original instruments of identical year the within note and date, all rights thereunder and hereby irrevocably appoints __________ attorney to transfer the within note on the day and year set forth on page 1 of this Lease. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. books kept for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before me, a Notary Public of the State and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnershipregistration thereof, with whom I am personally acquainted, and who, upon oath acknowledged that they are full power of substitution in the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing premises. Dated: SIGNED: ----------------- ------------------------------------ NOTICE: The signature on this Assignment must correspond with the name of the Registered Owner as it appears on the face of the within note in every particular. Signature Guaranteed by: ---------------------------- Signature(s) must be guaranteed by an eligible guarantor institution pursuant to Securities and Exchange Commission Rule 17Ad-15 that is a participant in a signature guarantor program recognized by the Indenture Trustee SCHEDULE OF EXCHANGES IN GLOBAL NOTE The following exchanges of a part of this Global Certificate have been made: ---------- ------------------- ---------------- -------------------- ------------ Amount of Principal Amount of Amount of Decrease Increase in this Global Signature of in Principal Amount Principal Amount Certificate Authorized of this Global of this Global following such partnershipOfficer of Date of Certificate Certificate Decrease (or Indenture Exchange Increase) Trustee] ---------- ------------------- ---------------- -------------------- ------------ EXHIBIT D NOTICE OF PAYMENT DEFAULT NELNET EDUCATION LOAN FUNDING, INC. STUDENT LOAN ASSET-BACKED NOTES [SENIOR CLASS 2004-2A[-5A][-5B][-5C]] [SUBORDINATE CLASS 2004-2B[-1][-2]] AUCTION RATE NOTES NOTICE IS HEREBY GIVEN that a Payment Default has occurred and is continuing with respect to the Auction Rate Notes identified above. The next Auction for the Auction Rate Notes will not be held. The Auction Rate for the Auction Rate Notes for the next succeeding Accrual Period shall be the Non-Payment Rate. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Indenture Trustee Dated: By --------------- ------------------------------------ EXHIBIT E NOTICE OF CURE OF PAYMENT DEFAULT NELNET EDUCATION LOAN FUNDING, INC. STUDENT LOAN ASSET-BACKED NOTES [SENIOR CLASS 2004-2A[-5A][-5B][-5C]] [SUBORDINATE CLASS 2004-2B[-1][-2]] AUCTION RATE NOTES NOTICE IS HEREBY GIVEN that a Payment Default with respect to the Auction Rate Notes identified above has been waived or cured. The next Auction Rate Distribution Date is __________________________ and the Auction Date is __________________________. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Indenture Trustee Dated: By -------------- --------------------------------------- EXHIBIT F NOTICE OF PROPOSED CHANGE IN LENGTH OF ONE OR MORE AUCTION PERIODS NELNET EDUCATION LOAN FUNDING, INC. STUDENT LOAN ASSET-BACKED NOTES [SENIOR CLASS 2004-2A[-5A][-5B][-5C]] [SUBORDINATE CLASS 2004-2B[-1][-2]] AUCTION RATE NOTES Notice is hereby given that the Issuer proposes to change the length of one or more Auction Periods pursuant to the Indenture of Trust, as amended (the general partners by themselves "Indenture") as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.follows:

Appears in 1 contract

Samples: Loan Purchase Agreement (Nelnet Inc)

IN TESTIMONY WHEREOF. the above named Landlord I have hereunto subscribed my name and the above named Tenant have executed affixed my official seal this and three day of , _____ at , . Notary Public My Commission Expires: (3Notarial Seal) other original instruments of identical year and date, on the day and year set forth on page 1 of this Lease. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 ACKNOWLEDGMENT STATE OF TENNESSEE ) ) SS. COUNTY OF SHELBY ) Before me, a Notary Public of the State in and County aforesaidfor said County, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INC._________________________, a Tennessee corporation____________________, said corporation is by the general partner of PEABODY PLACE CENTREsuch _________________, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath who acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed (s)he did sign the foregoing instrument for on behalf of said _________________ and that said instrument is the purpose therein contained by signing voluntary act and deed of said ______________ and his/her voluntary act and deed as such officer of said ______________. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal this day of , ____ at , . Notary Public My Commission Expires: (Notarial Seal) EXHIBIT “A” to Landlord Agreement (attached hereto) 2 To include legal description of the name premises EXHIBIT “D” Form of such partnershipThird Party Agreement 3 To: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as one Agent 2000 Xxxx Xxxxxx, 9th Floor Dallas, Texas 75201 Attention of Region Manager Telecopy No. (000) 000-0000 [Name of Entity], [Type of Entity], (“Grantor”), now does or hereafter may have certain of its merchandise, inventory, or other of its personal property for processing, storage, consignment, engineering, evaluation or repairs, located at _______________ (the “Premises”) owned or leased by the undersigned. Grantor has entered into that certain Amended and Restated Security Agreement dated as of March 16, 2011 by and among Tesoro Corporation (the “Company”), certain subsidiaries of the general partners Company and JPMorgan Chase Bank, National Association, as Agent (the “Agent”) (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Security Agreement”) to secure the obligations of the Company under that certain Fifth Amended and Restated Credit Agreement dated as of March 16, 2011 by themselves and among the Company, the lending institutions from time to time parties thereto as PRESIDENT AND VICE PRESIDENTLenders and as LC Issuers (collectively, respectively the “Lenders”) and the Agent (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein but not defined herein or in the Security Agreement shall have the meanings ascribed thereto in the Credit Agreement. In order to induce the Agent and the Lenders (together with their respective agents, successors and assigns) to continue such financing arrangements, and for other good and valuable consideration, the receipt and sufficiency of such corporation.which are hereby acknowledged, the undersigned hereby certifies and agrees that:

Appears in 1 contract

Samples: Security Agreement (Tesoro Corp /New/)

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IN TESTIMONY WHEREOF. I have hereunto set my hand and official seal this day of , 2019. Notary Public [SEAL] “CITY” CITY OF DUBLIN, OHIO Name: Title: STATE OF OHIO ) ) SS: COUNTY OF FRANKLIN ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the above named Landlord CITY OF DUBLIN, OHIO by , its , who acknowledged that he or she did sign the foregoing instrument and that the same is his or her free act and deed as such officer. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 2019. Notary Public [SEAL] “INVESTOR” XXXXXX XXXX FINANCE, LLC Name: Title: STATE OF ) ) SS: COUNTY OF ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the above named Tenant XXXXXX XXXX FINANCE, LLC by , its , who acknowledged that he or she did sign the foregoing instrument and that the same is his or her free act and deed as such officer. IN TESTIMONY WHEREOF, I have executed hereunto set my hand and official seal this and three (3) other original instruments _ day of identical year and date, on the day and year set forth on page 1 of this Lease2019. LANDLORD: Peabody Place CentreNotary Public [SEAL] “DISTRICT” BEXLEY, L.P. BY: PEABODY PLACECOLUMBUS, DUBLIN, GROVE CITY, XXXXXXXX, XXXXX TOWNSHIP, WHITEHALL, WORTHINGTON REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, INC., General Partner D/B/A: COLUMBUS REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, INC. By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President ByName: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. ByTitle: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE OHIO ) ) SS: COUNTY OF SHELBY Before me) BEFORE ME, a Notary Public of the State in and for said County aforesaidand State, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXXthe above named BEXLEY, XXESIDENT AND VICE PRESIDENTCOLUMBUS, respectivelyDUBLIN, of PEABODY PLACEGROVE CITY, XXXXXXXX, XXXXX TOWNSHIP, WHITEHALL, WORTHINGTON REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, INC., d/b/a Tennessee corporationCOLUMBUS REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, said corporation is the general partner of PEABODY PLACE CENTREINC. by , L.P.its , a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath who acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed officer did sign the foregoing instrument and that the same is such officer’s free act and deed as such officer and of said district. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _ day of , 2019. Notary Public [SEAL] “OWNER” 970 HIGH RIDGE ASSOCIATES LLC, a Connecticut limited liability company By: Name: Title: STATE OF ) ) SS: COUNTY OF ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the purpose therein contained above named 970 HIGH RIDGE ASSOCIATES LLC by signing , its , who acknowledged that he did sign the name foregoing instrument and that the same is his free act and deed as such officer and of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 2019. Notary Public [SEAL] This instrument prepared by: J. Xxxxx Xxxx, Esq. Xxxxxxx & Xxxxxx LLP 000 Xxxxx Xxxxx Xx. Xxxxxxxx, Xxxx 00000 FISCAL OFFICER’S CERTIFICATE The undersigned, Director of Finance of the City of Dublin, Ohio, hereby certifies that the City has established a special assessment fund, into which the Special Assessments (as that term is defined in the foregoing Agreement) received by the City shall be deposited, free from any previous encumbrances. The City shall use the moneys deposited in such partnershipspecial assessment fund to meet its obligations under the foregoing Agreement. This Certificate is given in compliance with Ohio Revised Code Sections 5705.41 and 5705.44 Dated: , 2019 Director of Finance City of Dublin, Ohio EXHIBIT A DESCRIPTION OF PROPERTY The real property subject to this Owner Consent is located at the commonly used address 0000 Xxxxxxx Xxxxxxx, Xxxxxx, Xxxx 00000, having Franklin County Auditor Parcel ID No. 000-000000-00 and the following legal description: [Legal Description To Be Inserted] EXHIBIT B OWNER CONSENT (Affidavit of Facts Relating to Title Made Pursuant to O.R.C. §5301.252) The undersigned, , having been duly cautioned and sworn, deposes and states as follows: The undersigned is the of 970 High Ridge Associates LLC, a Connecticut limited liability company (the “Owner”). This Owner Consent, dated as of , 2019, is given by the Owner pursuant to the Special Assessment Agreement dated as of , 2019 (the “Agreement”) by and among the County Treasurer of Franklin County, Ohio (the “Treasurer”), the City of Dublin, Ohio (the “City”), the Bexley, Columbus, Dublin, Grove City, Xxxxxxxx, Xxxxx Township, Whitehall, Worthington Regional Energy Special Improvement District, Inc., d/b/a the Columbus Regional Energy Special Improvement District, Inc., (the “District”), Xxxxxx XXXX Finance, LLC (together with its permitted successors and assigns under the Agreement, the “Investor”), and the Owner. Terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement. The Agreement provides for an expedited foreclosure process with respect to certain Special Assessments which have been levied on the Property by the City in order to pay the costs of special energy improvement projects under Ohio Revised Code Chapter 1710. The Property is described in Exhibit 1 to this Owner Consent, and the Special Assessments are disclosed on Exhibit 2 to this Owner Consent. The Agreement further provides that if an event of default occurs and is continuing with respect to a required semi-annual payment of Special Assessments or an “Event of Default” (as that term is defined in the Energy Project Cooperative Agreement, as one appropriate) under the Energy Project Cooperative Agreement occurs and is continuing, the Treasurer will pursue an expedited foreclosure of the general partners lien of the Special Assessments, all as provided in the Agreement. In consideration of the Project Advance to finance the Project, the Owner hereby consents to the expedited foreclosure process with respect to the lien of the Special Assessments then due and owing with respect to the Property, as provided in the Agreement. The Owner is the owner of the Property. The Owner covenants and agrees that so long as the Project Advance remains outstanding, except as the covenant may be released by themselves the District, the City and the Investor, as PRESIDENT AND VICE PRESIDENTapplicable, respectively in writing, the expedited foreclosure process established pursuant to the Agreement shall be a covenant on and running with, and shall be binding upon, the Property, the Owner and all future owners of the Property. Any release, modification or waiver of the covenant running with the land by the District, the City or the Investor, as applicable, shall be filed of record with the Franklin County, Ohio Recorder’s Office. The Owner agrees that this Owner Consent shall be recorded with the Franklin County, Ohio Recorder’s Office and the Owner covenants and agrees to record such corporationdocuments and to take such reasonable steps as are necessary, so that the expedited foreclosure process with respect to the lien of the Special Assessments is a covenant on and running with the Property and is binding on the Owner and any and all future owners of all or any portion of the Property. The Special Assessments have been levied by the City and certified for direct collection in semi-annual installments due on January 31 and July 31 of each of the years disclosed in the schedule of Special Assessments attached to this Owner Consent as Exhibit 2. Under certain circumstances described in the Agreement, the Special Assessments may be certified to the County Auditor for placement on the tax list and duplicate and collection with and in the same manner as real property taxes as special assessments binding against the Property in each of the years disclosed in the schedule of Special Assessments attached to this Owner Consent as Exhibit 2. Unless earlier paid by the Owner or any successor in interest of the Owner to the Property, the Special Assessments shall be levied, billed, due and payable, and collected in each of the years in each of the amounts disclosed on Exhibit 2. Anything in this Owner Consent to the contrary notwithstanding, this Owner Consent shall in no way be construed as a waiver by the Owner of its statutory right of redemption, including the full applicable redemption period. (Signature Page Immediately Follows) Further affiant sayeth naught. “OWNER” 970 HIGH RIDGE ASSOCIATES LLC By: Name: Title: STATE OF COUNTY OF ) ) SS: ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the above named 970 HIGH RIDGE ASSOCIATES LLC by , its , who acknowledged that he did sign the foregoing instrument and that the same is such officer’s free act and deed as such officer and of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 2019. Notary Public This instrument was prepared by: J. Xxxxx Xxxx, Esq. Xxxxxxx & Xxxxxx LLP 000 Xxxxx Xxxxx Xxxxxx Xxxxxxxx, Xxxx 00000 EXHIBIT 1 DESCRIPTION OF PROPERTY [Legal Description To Be Inserted] EXHIBIT 2 SCHEDULE OF SPECIAL ASSESSMENTS Property Tax Collection Year Annual Total Special Assessment Amount Requested Semi- Annual Special Assessment Payment Date* Total Semi-Annual Special Assessment Installment Amount** 2020 $102,680.18 January 31, 2020 $51,340.09 July 31, 2020 $51,340.09 2021 $102,680.18 January 31, 2021 $51,340.09 July 31, 2021 $51,340.09 2022 $102,680.18 January 31, 2022 $51,340.09 July 31, 2022 $51,340.09 2023 $102,680.18 January 31, 2023 $51,340.09 July 31, 2023 $51,340.09 2024 $102,680.18 January 31, 2024 $51,340.09 July 31, 2024 $51,340.09 2025 $102,680.18 January 31, 2025 $51,340.09 July 31, 2025 $51,340.09 2026 $102,680.18 January 31, 2026 $51,340.09 July 31, 2026 $51,340.09 2027 $102,680.18 January 31, 2027 $51,340.09 July 31, 2027 $51,340.09 2028 $102,680.18 January 31, 2028 $51,340.09 July 31, 2028 $51,340.09 2029 $102,680.18 January 31, 2029 $51,340.09 July 31, 2029 $51,340.09 2030 $102,680.18 January 31, 2030 $51,340.09 July 31, 2030 $51,340.09 2031 $102,680.18 January 31, 2031 $51,340.09 July 31, 2031 $51,340.09 2032 $102,680.18 January 31, 2032 $51,340.09 July 31, 2032 $51,340.09 2033 $102,680.18 January 31, 2033 $51,340.09 July 31, 2033 $51,340.09 2034 $102,680.18 January 31, 2034 $51,340.09 July 31, 2034 $51,340.09 2035 $102,680.18 January 31, 2035 $51,340.09 July 31, 2035 $51,340.09 2036 $102,680.18 January 31, 2036 $51,340.09 July 31, 2036 $51,340.09 2037 $102,680.18 January 31, 2037 $51,340.09 July 31, 2037 $51,340.09 2038 $102,680.18 January 31, 2038 $51,340.09 July 31, 2038 $51,340.09 * Pursuant to Ohio Revised Code Chapter 323, the Special Assessment Payment Dates identified in this Exhibit 2 are subject to adjustment by the Franklin County Auditor under certain conditions.

Appears in 1 contract

Samples: Special Assessment Agreement

IN TESTIMONY WHEREOF. the above named Landlord Assignor and Assignee have caused this Assignment to be signed and executed by the above named Tenant have executed undersigned officers thereunto duly authorized this and three (3) other original instruments __ day of identical year and dateDecember, on the day and year set forth on page 1 of this Lease2008. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACEXXXXXX INTERNATIONAL INC. AVIGEN, INC., General Partner . By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. Name: Name: Title: Title: XXXXXX HEALTHCARE S.A. By: Perim Corp., General Partner Name: Title: By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. XxxxxxxxName: Title: {*} = Certain confidential information contained in this document, Xxnior Vice President TENANT: Silicon Entertainmentmarked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. STATE OF ) COUNTY OF ) ss. On this __________day of ________________, 2008, there appeared before me _______________________, personally known to me, who acknowledged that __he signed the foregoing Assignment and his/her voluntary act and deed on behalf and with full authority of _____________________________. Notary Public STATE OF ) COUNTY OF ) ss. On this __________day of ________________, 2008, there appeared before me _______________________, personally known to me, who acknowledged that __he signed the foregoing Assignment and his/her voluntary act and deed on behalf and with full authority of _____________________________. Notary Public STATE OF ) COUNTY OF ) ss. On this __________day of ________________, 2008, there appeared before me _______________________, personally known to me, who acknowledged that __he signed the foregoing Assignment and his/her voluntary act and deed on behalf and with full authority of _____________________________. Notary Public {*} = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. EXHIBIT C PRESS RELEASE Avigen Sells Early Stage Research Program in Hemophilia to Baxter Alameda, CA, December 17, 2008 – Avigen, Inc. By(Nasdaq: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: AVGN), a biopharmaceutical company, announced today that the company has sold the rights to its early stage blood coagulation compound, AV513, to Xxxxxx Healthcare Corporation, a global leader in hemophilia therapy, for $7 million. Baxter acquired all rights to AV513, a compound poised for clinical research that has been shown to improve blood coagulation in preclinical models for hemophilia. Avigen has been developing AV513 as an oral therapy to treat patients with bleeding disorders, including hemophilia A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216“The sale of AV513 is an example of building value in a product that is differentiated from current therapies, and 218bringing it to a valuation point that generated a positive return on investment,” said Xxxxxxx Xxxxxxx, Ph.D., X.X., Avigen's president and chief executive officer. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before me“Our team identified AV513 as a drug candidate with a novel approach for treating hemophilia and other bleeding disorders, and which offered strong IP potential in a Notary Public target patient population with an unmet need. Because it was outside our neurology focus, it was our goal to follow a reasonable budget to establish AV513’s value, and then move it to a better-resourced company with the expertise to develop a safe and effective therapy.” “This technology acquisition supports Xxxxxx’x efforts to research the application of novel technologies that will pioneer the next generation of hemophilia therapies,” said Xxxxxxx Xxxxxxx, M.D., vice president of global BioScience research and development for Baxter. “Looking ahead, our objective is to identify opportunities that represent significant potential value for patients, while balancing our investment of resources and development risk in order to provide a significant and timely return to shareholders. Along these lines, we are also in the process of partnering AV411, our non-opioid glial-attenuator product for neuropathic pain and drug addiction,” continued Xxxxxxx. AV513 was first identified in 2004 by Avigen’s vice president of Research and Development, Xxxx Xxxxxxx, Ph.D., and colleagues, seeking an existing molecule with strategic characteristics for providing an alternative delivery approach for hemophilia therapies. Pre-clinical efficacy data in hemophilic mice was first published in 2006 in the medical journal Thrombosis & Haemostasis. Efficacy data from the study of an oral form of AV513 in other hemophilia A preclinical models was published in the journal Blood in 2007. Most recently, an in vitro study on AV513 pro-coagulant efficacy in the donated blood of human hemophilia patients was presented at the American Society of Hemophilia meeting in San Francisco on December 9th. About AV513 AV513 is a drug candidate derived from a specific seaweed enriched for a particular type of non-anticoagulant sulfated polysaccharide denoted fucoidan, which has been shown to boost blood coagulation. Laboratory and preclinical studies indicated AV513’s novel mechanism of action might improve the physiological “spark” for normal blood clot initiation by reducing natural anti-coagulation at local sites of bleeding and thereby allows more normal hemostasis, or clotting. Preclinical in vitro and in vivo studies indicate that AV513 has potential stand-alone utility and might act as an adjunctive or supplementary agent to boost clotting efficiency in combination with Factor VIII or Factor IX, the standard treatments for hemophilia A and B, respectively. {*} = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the State Securities Exchange Act of 1934, as amended. About Avigen Avigen is a biopharmaceutical company focused on identifying and County aforesaiddeveloping differentiated products to treat patients with serious neurological disorders. Avigen's strategy is to identify, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXXacquire and develop opportunities that represent a positive return to Avigen’s shareholders. Avigen is currently developing AV411 for neuropathic pain, XXESIDENT AND VICE PRESIDENTand, respectivelyin collaboration with the National Institute on Drug Abuse, for opioid withdrawal and methamphetamine addiction. For more information about Avigen, consult the company's website at xxx.xxxxxx.xxx. Statement under the Private Securities Litigation Reform Act The statements in this press release relating to Avigen’s strategy, objectives and plans to identify, acquire and develop opportunities that represent a positive return to Avigen’s shareholders are forward-looking statements. These statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected in these forward-looking statements, including the risk that Avigen will not be able to acquire or develop such opportunities due to monetary, intellectual property, technological or other constraints. In addition, there are many other risks and uncertainties inherent in the development of PEABODY PLACEdrug products. Other risks and uncertainties relating to Avigen are detailed in reports filed by Avigen with the Securities and Exchange Commission, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument including Avigen's Annual Report on Form 10-K for the purpose therein year ended December 31, 2007, under the caption "Risk Factors" in Item 1A of Part I of that report which was filed with the SEC on March 17, 2008 and Avigen’s quarterly report on Form 10-Q for the period ended September 30, 2008, under the caption "Risks Related to Our Business" in Item 2 of Part I of that report, which was filed with the SEC on November 10, 2008. CONTACT: Xxxxxxx Coffee, Chief Business Officer Avigen, Inc., 0000 Xxxxxx Xxx Xxxxxxx, Xxxxxxx, XX 00000 000-000-0000 xx@xxxxxx.xxx xxx.xxxxxx.xxx {*} = Certain confidential information contained in this document, marked by signing brackets, has been omitted and filed separately with the name Securities and Exchange Commission pursuant to Rule 24b-2 of such partnershipthe Securities Exchange Act of 1934, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.amended. Schedule 1.0

Appears in 1 contract

Samples: Asset Purchase Agreement (Avigen Inc \De)

IN TESTIMONY WHEREOF. The Town of Nags Head has caused this instrument to be executed in its name and behalf by its Mayor, attested by the above named Landlord Town Clerk and its seal affixed hereto, all as of the above named Tenant have act and deed of its Board of Commissioners, pursuant to a resolution adopted on the 6th day of October, 1999, and SunComTriton PCS Property Company, LLC, a Delaware limited liability company has caused this instrument to be executed this in its name and three (3) other original instruments on behalf of identical year and datethe Partnership, on all the day and year set forth on page 1 of this Leasefirst above written. LANDLORDTOWN OF NAGS HEAD, NORTH CAROLINA By:____________________________________(SEAL) Name: Peabody Place Centre, L.P. BYXxxxxx X. Xxxxxx Its: PEABODY PLACE, INCMayor Tax ID No., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx 00-0000000 Attest: ________________________________ Xxxxxxx X. Xxxxxx, Xxce Town Clerk SUNCOMTRITON PCS PROPERTY COMPANY, LLC a Delaware limited liability company’ BY: SUNCOMTRITON MANAGEMENT COMPANY, INC. a Delaware corporation, its Manager By:___________________________________(SEAL) Name: Xxxxx Xxxxxx Title: Vice-President ByNetwork Engineering Date: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By________________________________ Attest: Perim Corp., General Partner By________________________________ Name: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- ItsXxxxx Xxxxxxxx Title: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 of Call Center Operations [CORPORATE SEAL] STATE OF TENNESSEE NORTH CAROLINA COUNTY OF SHELBY Before meDARE I, ______________________________, a Notary Public of the County and State and County aforesaid, certify that Xxxxxxx X. Xxxxxx personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, came before me this day and acknowledged that she is the Town Clerk of PEABODY PLACE, INC.the Town of Nags Head, a Tennessee North Carolina municipal corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they by authority duly given and as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing the name of such partnership, as one act of the general partners Town, the forgoing instrument was signed in its name by themselves its Mayor, sealed with its corporate seal and attested by herself as PRESIDENT AND VICE PRESIDENTits Town Clerk. Witness my hand and official stamp or seal, respectively this ________ day of such corporation.__________________, 2000. _____________________________________________ Notary Public My Commissioner Expires: _______________________ [NOTARY SEAL] COMMONWEALTH OF VIRGINIA COUNTY OF HENRICO

Appears in 1 contract

Samples: And Water Tank Lease Agreement

IN TESTIMONY WHEREOF. the above named Landlord Assignor and Assignee have caused this Assignment to be signed and executed by the above named Tenant have executed undersigned officers thereunto duly authorized this and three (3) other original instruments 23rd day of identical year and dateSeptember 1998. "ASSIGNOR" INTERNATIONAL SOFTWARE SOLUTIONS LIMITED PARTNERSHIP By: International Software Solutions, on the day and year set forth on page 1 of this Lease. LANDLORDInc., its general partner By: Peabody Place Centre, L.P. BY----------------------------------- Name: PEABODY PLACE--------------------------------- Title: --------------------------------- "ASSIGNEE" PEREGRINE SYSTEMS, INC., General Partner . By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President By----------------------------------- Name: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By--------------------------------- Title: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ --------------------------------- [ILLEGIBLECOPYRIGHT ASSIGNMENT SIGNATURE PAGES] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE ___________) ) SS. COUNTY OF SHELBY Before __________) On this ___ day of September, 1998, there appeared before me ____________ ___, personally known to me, a who acknowledged that he signed the foregoing Assignment as his voluntary act and deed on behalf and with full authority of ____________________________________. -------------------------------- Notary Public STATE OF ___________) ) SS. COUNTY OF __________) On this ___ day of the State and County aforesaidSeptember, 1998, there appeared before me ____________ ___, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXXknown to me, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INC., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath who acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed he signed the foregoing instrument for Assignment as his voluntary act and deed on behalf and with full authority of ____________________________________. -------------------------------- Notary Public EXHIBIT A Name: Remote Services Management (R.S.M.) (formerly PolyPM/2) Edition: Advanced and Professional Current version distributed--4.2 A2 Delivery on 1 CD-ROM All documentation on-line Description: Multi platform graphical remote control with file transfer capabilities Components: Manager--Administers the purpose therein contained by signing the name of such partnership, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.remote workstations (Clients) Client--Installed on each workstation to be controlled Manager Gateway--Allow Managers and Clients to share network communications devices Client Gateway--Allow Managers and Clients to share network communications devices

Appears in 1 contract

Samples: Asset Purchase Agreement (Peregrine Systems Inc)

IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed my official seal at [City], [State] this ______ day of _____________, 1999. ------------------------------ Notary Public LESSEE'S AGREEMENT The undersigned as Lessee under the above named Landlord lease herein described, does hereby accept and agree to the terms of the foregoing Subordination, which shall inure to the benefit of and be binding upon the undersigned and the above named Tenant have executed this heirs, executors, administrators, legal representatives, successors and three (3) other original instruments assigns of identical year and date, on the day and year set forth on page 1 of this Leaseundersigned. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx--------------------------- ACKNOWLEDGMENTS INDIVIDUAL STATE OF ) ) Section: COUNTY OF ) On this _____ day of ____________, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx1999, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. before me personally appeared to me personally known to be the person described in and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216who executed the foregoing instrument, and 218acknowledged that _____________ executed the same as their free act and deed. 11 ------------------------------ Notary Public My commission expires: ------------------------------ 52 CORPORATE STATE OF TENNESSEE ) ) Section: COUNTY OF SHELBY Before ) On this ____ day of ____________, 1999, before me, a Notary Public of the State and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX__________________ to me personally known, XXESIDENT AND VICE PRESIDENTwho, respectivelybeing by me duly sworn, did say he is the _______________ of PEABODY PLACE, INC., a Tennessee ____________ and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation is by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. ------------------------------ Notary Public My commission expires: ------------------------------ PARTNERSHIP STATE OF ) ) Section: COUNTY OF ) In _____________ County in said station on the _____ day of ___________, 1999, before me personally appeared _____________ as general partner of PEABODY PLACE CENTRE_____________ PARTNERSHIP, L.P., a Tennessee limited partnership, with whom I am personally acquaintedto be known and known by me to be the party executing the foregoing and the acknowledged said instrument by him executed to be his free act and deed, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P.his free act and deed in his capacities as aforesaid, and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing the name free act and deed of such partnership, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.______________ PARTNERSHIP. ------------------------------ Notary Public My commission expires: ------------------------------

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

IN TESTIMONY WHEREOF. this instrument is executed effective as of the above named Landlord and the above named Tenant have executed this and three (3) other original instruments ____ day of identical year and date___________________, on the day and year set forth on page 1 of this Lease199__. LANDLORD: Peabody Place CentreNORTH AUSTIN OFFICE, L.P. BY: PEABODY PLACE, INCLTD., A Texas limited partnership By: 9001 IH35, Inc. A Texas corporation Its General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- ---------------------------- Morrxx X. Xxxxxx, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. XxxxXxxxxxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 A - Land Exhibit B - Encumbrances STATE OF TENNESSEE ___________ ) ) COUNTY OF SHELBY Before me_________ ) This instrument was acknowledged before me on , a Notary Public 199__, by MORRXX XXXXXXXX, Xxesident of the State and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE9001 IH35, INC., a Tennessee corporationTexas Corporation, on behalf of said corporation is the general partner as General Partner of PEABODY PLACE CENTRENORTH AUSTIN OFFICE, L.P.LTD., a Tennessee Texas limited partnership, with whom I am personally acquaintedon behalf of said limited partnership. --------------------------------------- Notary Public in and for the State of __________ My Commission Expires: --------------------------------------- Exhibit A - Land Exhibit B - Existing Encumbrances EXHIBIT A to Exhibit C LEGAL DESCRIPTION EXHIBIT B to EXHIBIT C ENCUMBRANCES EXHIBIT D BILL XX SALE FOR VALUE RECEIVED, the undersigned ("Seller") hereby sells, conveys and assigns to AMERICAN INDUSTRIAL PROPERTIES REIT, a Texas real estate investment trust ("Buyer"), all of the undersigned's right, title and interest in and to all equipment, fixtures, inventory and other tangible personal property of any kind and nature owned by Grantor and attached to or located on the real property described on Exhibit A attached hereto ("Real Property"), including without limitation all furniture, furnishings, floor coverings; office equipment and supplies; heating, lighting, refrigeration, plumbing, ventilating, incinerating, cooking, laundry, communication, electrical, air conditioning fixtures, systems and equipment; disposals; window screens; storm windows; sprinklers; hoses; tools; lawn equipment; elevators and escalators; compressors; engines; boilers, and whoall other related machinery, upon oath acknowledged that they are equipment, fixtures, supplies, replacement parts and other tangible personal property whatsoever, including, without limitation, the PRESIDENT personal property described in Schedule 1 which is attached hereto and incorporated herein. TO HAVE AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed TO HOLD the foregoing instrument for personal property unto Buyer and its successors and assigns forever. The undersigned warrants that it owns good and marketable title to the purpose therein contained by signing foregoing personal property and will defend title to said personal property against all persons claiming a prior right thereto to the name extent that such prior right is alleged to exist on or before the date of such partnershipthis Bill xx Sale. Said personal property is used in connection with that certain office building commonly known as WHITXXX XXXXXX XXXZA in Austxx, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENTXxxxxx Xxxnty, respectively of such corporationTexas.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Industrial Properties Reit Inc)

IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed my official seal at New York, New York this _____ day of ______________, 19___. ----------------------------------------- Notary Public LESSEE'S AGREEMENT The undersigned, as Lessee under the above named Landlord lease herein described, does hereby accept and agree to the terms of the foregoing Subordination, which shall inure to the benefit of and be binding upon the undersigned and the above named Tenant have executed this heirs, executors, administrators, legal representatives, successors and three (3) other original instruments assigns of identical year and date, on the day and year set forth on page 1 of this Leaseundersigned. LANDLORD: Peabody Place Centre, L.P. BY: PEABODY PLACE, INC., General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx--------------------------------------- ACKNOWLEDGMENTS INDIVIDUAL STATE OF ) ) SS: COUNTY OF ) On this _____ day of _____________, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx19__, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. before me personally appeared ________________ to me personally known to be the person described in and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216who executed the foregoing instrument, and 218acknowledged that ____________________ executed the same as their free act and deed. 11 ----------------------------------------- Notary Public My commission expires: ----------------------------------------- CORPORATE STATE OF TENNESSEE ) ) SS: COUNTY OF SHELBY Before ) On this _____ day of _____________, 19__, before me, a Notary Public of the State and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX_______________ to me personally known, XXESIDENT AND VICE PRESIDENTwho, respectivelybeing by me duly sworn, did say he is the ________________ of PEABODY PLACE, INC., a Tennessee ________________ and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation is by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. ----------------------------------------- Notary Public My commission expires: ----------------------------------------- PARTNERSHIP STATE OF ) ) SS: COUNTY OF ) In ________________ County in said station on the _____ day of _____________, 19__, before me personally appeared ________________ as general partner of PEABODY PLACE CENTRE________________ PARTNERSHIP, L.P., a Tennessee limited partnership, with whom I am personally acquaintedto be known and known by me to be the party executing the foregoing and the acknowledged said instrument by him executed to be his free act and deed, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P.his free act and deed in his capacities as aforesaid, and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing the name free act and deed of such partnership, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.________________ PARTNERSHIP. ----------------------------------------- Notary Public My commission expires: -----------------------------------------

Appears in 1 contract

Samples: Lease Agreement (Advancepcs)

IN TESTIMONY WHEREOF. the above named Landlord and the above named Tenant parties hereto have executed this and three (3) other original instruments Lease as of identical year and date, on the day and year set forth on page 1 of this Leasedate aforesaid. LANDLORDLESSOR: Peabody Place CentreXXXXXX PARTNERS a Delaware General Partnership By: SAN ANTONIO PROPERTIES, L.P. BY: PEABODY PLACE, INC., Delaware Limited Partnership General Partner By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. XxxxxxPROPERTIES, Xxce President By: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. By: Perim Corp., INC. Delaware Corporation General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx[ILLEGIBLE] -------------------------- LESSEE: U.S. LONG DISTANCE, Xxnior Vice President TENANT: Silicon Entertainment, Inc. INC. By: /s/ XXXXX X. XXXXX ---------------------------------- Name: Xxxxx X. Xxxxx ---------------------------------- Title: President & CEO ---------------------------------- EXHIBIT A LEGAL DESCRIPTION 3.33 acres including all of the land known as Xxx 00, Xxxxx 0, XXX 00000, Xxxxxx Subdivision, City of San Antonio, Bexar County Texas, according to Plat recorded in Volume 9515, Page 179. EXHIBIT B FLOOR PLAN - LEVEL 1 [ILLEGIBLEGRAPHIC] ----------------------------------------- ItsEXHIBIT B FLOOR PLAN - XXXXX 0 [XXXXXXX] XXXXXXX X XXXXX XXXX - XXXXX 0 [GRAPHIC] EXHIBIT B FLOOR PLAN - XXXXX 0 [XXXXXXX] XXXXXXX X XXXXX XXXX - XXXXX 0 [GRAPHIC] EXHIBIT B FLOOR PLAN - LEVEL 9 [GRAPHIC] SCHEDULE 1 SPECIAL AIR CONDITIONING AND HEATING SERVICES 1. AIR CONDITIONING AND HEATING: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place CentreBuilding standard air conditioning throughout the Premises commencing with the Commencement Date. Lessor will furnish at its expense building standard air conditioning and heating from 7 a.m. to 7 p.m. five days a week, L.P. and Silicon Entertainmentthat is, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214from Monday through Friday, 216inclusive, and 218from 8 a.m. to 2 p.m. on Saturdays, exclusive of holidays. 11 STATE OF TENNESSEE COUNTY OF SHELBY Before meUpon request of Lessee, a Notary Public lessor will furnish air conditioning and heating at other times (that is, at times other than the times specified above); provided, however, Lessee shall reimburse Lessor for furnishing such services at $30.00 per hour of the State and County aforesaid, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXX, XXESIDENT AND VICE PRESIDENT, respectively, of PEABODY PLACE, INCovertime air conditioning., a Tennessee corporation, said corporation is the general partner of PEABODY PLACE CENTRE, L.P., a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed the foregoing instrument for the purpose therein contained by signing the name of such partnership, as one of the general partners by themselves as PRESIDENT AND VICE PRESIDENT, respectively of such corporation.

Appears in 1 contract

Samples: Office Lease Agreement (U S Long Distance Corp)

IN TESTIMONY WHEREOF. I have hereunto set my hand and official seal this day of , 2019. Notary Public [SEAL] “CITY” CITY OF DUBLIN, OHIO Name: Title: STATE OF OHIO ) ) SS: COUNTY OF FRANKLIN ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the above named Landlord CITY OF DUBLIN, OHIO by , its , who acknowledged that he or she did sign the foregoing instrument and that the same is his or her free act and deed as such officer. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 2019. Notary Public [SEAL] “INVESTOR” XXXXXX XXXX FINANCE, LLC Name: Title: STATE OF ) ) SS: COUNTY OF ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the above named Tenant XXXXXX XXXX FINANCE, LLC by , its , who acknowledged that he or she did sign the foregoing instrument and that the same is his or her free act and deed as such officer. IN TESTIMONY WHEREOF, I have executed hereunto set my hand and official seal this and three (3) other original instruments _ day of identical year and date, on the day and year set forth on page 1 of this Lease2019. LANDLORD: Peabody Place CentreNotary Public [SEAL] “DISTRICT” BEXLEY, L.P. BY: PEABODY PLACECOLUMBUS, DUBLIN, GROVE CITY, XXXXXXXX, XXXXX TOWNSHIP, WHITEHALL, WORTHINGTON REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, INC., General Partner D/B/A: COLUMBUS REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, INC. By: /s/ MORRXX X. XXXXXX ----------------------------------------- Morrxx X. Xxxxxx, Xxce President ByName: /s/ JACK X. XXXX ----------------------------------------- Jack X. Xxxx, Xxesident HOTEL PEABODY, L.P. ByTitle: Perim Corp., General Partner By: /s/ JIMMXX X. XXXXXXXX ----------------------------------------- Jimmxx X. Xxxxxxxx, Xxnior Vice President TENANT: Silicon Entertainment, Inc. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: Vice President ---------------------------------------- EXHIBITS: A. Site Plan and/or Floor Plan B. General Lease Provisions C. Construction Exhibit (if applicable) D. Sign Criteria E. Developmental Guidelines F. Exclusive Use Restrictions Lease Agreement between Peabody Place Centre, L.P. and Silicon Entertainment, Inc. for Peabody Place Retail/Entertainment Development at space numbers 214, 216, and 218. 11 STATE OF TENNESSEE OHIO ) ) SS: COUNTY OF SHELBY Before me) BEFORE ME, a Notary Public of the State in and for said County aforesaidand State, personally appeared JACK X. XXXX XXX MORRXX X. XXXXXXthe above named BEXLEY, XXESIDENT AND VICE PRESIDENTCOLUMBUS, respectivelyDUBLIN, of PEABODY PLACEGROVE CITY, XXXXXXXX, XXXXX TOWNSHIP, WHITEHALL, WORTHINGTON REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, INC., d/b/a Tennessee corporationCOLUMBUS REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, said corporation is the general partner of PEABODY PLACE CENTREINC. by , L.P.its , a Tennessee limited partnership, with whom I am personally acquainted, and who, upon oath who acknowledged that they are the PRESIDENT AND VICE PRESIDENT, respectively of PEABODY PLACE, INC., General Partner, of PEABODY PLACE CENTRE, L.P., and that they as such PRESIDENT AND VICE PRESIDENT, respectively, executed officer did sign the foregoing instrument and that the same is such officer’s free act and deed as such officer and of said district. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _ day of , 2019. Notary Public [SEAL] “OWNER” 970 HIGH RIDGE ASSOCIATES LLC, a Connecticut limited liability company By: Name: Title: STATE OF ) ) SS: COUNTY OF ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the purpose therein contained above named 970 HIGH RIDGE ASSOCIATES LLC by signing , its , who acknowledged that he did sign the name foregoing instrument and that the same is his free act and deed as such officer and of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 2019. Notary Public [SEAL] This instrument prepared by: X. Xxxxx Xxxx, Esq. Xxxxxxx & Xxxxxx LLP 000 Xxxxx Xxxxx Xx. Xxxxxxxx, Xxxx 00000 FISCAL OFFICER’S CERTIFICATE The undersigned, Director of Finance of the City of Dublin, Ohio, hereby certifies that the City has established a special assessment fund, into which the Special Assessments (as that term is defined in the foregoing Agreement) received by the City shall be deposited, free from any previous encumbrances. The City shall use the moneys deposited in such partnershipspecial assessment fund to meet its obligations under the foregoing Agreement. This Certificate is given in compliance with Ohio Revised Code Sections 5705.41 and 5705.44 Dated: , 2019 Director of Finance City of Dublin, Ohio EXHIBIT A DESCRIPTION OF PROPERTY The real property subject to this Owner Consent is located at the commonly used address 0000 Xxxxxxx Xxxxxxx, Xxxxxx, Xxxx 00000, having Franklin County Auditor Parcel ID No. 000-000000-00 and the following legal description: [Legal Description To Be Inserted] EXHIBIT B OWNER CONSENT (Affidavit of Facts Relating to Title Made Pursuant to O.R.C. §5301.252) The undersigned, , having been duly cautioned and sworn, deposes and states as follows: The undersigned is the of 970 High Ridge Associates LLC, a Connecticut limited liability company (the “Owner”). This Owner Consent, dated as of , 2019, is given by the Owner pursuant to the Special Assessment Agreement dated as of , 2019 (the “Agreement”) by and among the County Treasurer of Franklin County, Ohio (the “Treasurer”), the City of Dublin, Ohio (the “City”), the Bexley, Columbus, Dublin, Grove City, Xxxxxxxx, Xxxxx Township, Whitehall, Worthington Regional Energy Special Improvement District, Inc., d/b/a the Columbus Regional Energy Special Improvement District, Inc., (the “District”), Xxxxxx XXXX Finance, LLC (together with its permitted successors and assigns under the Agreement, the “Investor”), and the Owner. Terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement. The Agreement provides for an expedited foreclosure process with respect to certain Special Assessments which have been levied on the Property by the City in order to pay the costs of special energy improvement projects under Ohio Revised Code Chapter 1710. The Property is described in Exhibit 1 to this Owner Consent, and the Special Assessments are disclosed on Exhibit 2 to this Owner Consent. The Agreement further provides that if an event of default occurs and is continuing with respect to a required semi-annual payment of Special Assessments or an “Event of Default” (as that term is defined in the Energy Project Cooperative Agreement, as one appropriate) under the Energy Project Cooperative Agreement occurs and is continuing, the Treasurer will pursue an expedited foreclosure of the general partners lien of the Special Assessments, all as provided in the Agreement. In consideration of the Project Advance to finance the Project, the Owner hereby consents to the expedited foreclosure process with respect to the lien of the Special Assessments then due and owing with respect to the Property, as provided in the Agreement. The Owner is the owner of the Property. The Owner covenants and agrees that so long as the Project Advance remains outstanding, except as the covenant may be released by themselves the District, the City and the Investor, as PRESIDENT AND VICE PRESIDENTapplicable, respectively in writing, the expedited foreclosure process established pursuant to the Agreement shall be a covenant on and running with, and shall be binding upon, the Property, the Owner and all future owners of the Property. Any release, modification or waiver of the covenant running with the land by the District, the City or the Investor, as applicable, shall be filed of record with the Franklin County, Ohio Recorder’s Office. The Owner agrees that this Owner Consent shall be recorded with the Franklin County, Ohio Recorder’s Office and the Owner covenants and agrees to record such corporationdocuments and to take such reasonable steps as are necessary, so that the expedited foreclosure process with respect to the lien of the Special Assessments is a covenant on and running with the Property and is binding on the Owner and any and all future owners of all or any portion of the Property. The Special Assessments have been levied by the City and certified for direct collection in semi-annual installments due on January 31 and July 31 of each of the years disclosed in the schedule of Special Assessments attached to this Owner Consent as Exhibit 2. Under certain circumstances described in the Agreement, the Special Assessments may be certified to the County Auditor for placement on the tax list and duplicate and collection with and in the same manner as real property taxes as special assessments binding against the Property in each of the years disclosed in the schedule of Special Assessments attached to this Owner Consent as Exhibit 2. Unless earlier paid by the Owner or any successor in interest of the Owner to the Property, the Special Assessments shall be levied, billed, due and payable, and collected in each of the years in each of the amounts disclosed on Exhibit 2. Anything in this Owner Consent to the contrary notwithstanding, this Owner Consent shall in no way be construed as a waiver by the Owner of its statutory right of redemption, including the full applicable redemption period. (Signature Page Immediately Follows) Further affiant sayeth naught. “OWNER” 970 HIGH RIDGE ASSOCIATES LLC By: Name: Title: STATE OF COUNTY OF ) ) SS: ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the above named 970 HIGH RIDGE ASSOCIATES LLC by , its , who acknowledged that he did sign the foregoing instrument and that the same is such officer’s free act and deed as such officer and of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 2019. Notary Public This instrument was prepared by: X. Xxxxx Xxxx, Esq. Xxxxxxx & Xxxxxx LLP 000 Xxxxx Xxxxx Xxxxxx Xxxxxxxx, Xxxx 00000 EXHIBIT 1 DESCRIPTION OF PROPERTY [Legal Description To Be Inserted] EXHIBIT 2 SCHEDULE OF SPECIAL ASSESSMENTS Property Tax Collection Year Annual Total Special Assessment Amount Requested Semi- Annual Special Assessment Payment Date* Total Semi-Annual Special Assessment Installment Amount** 2020 $102,680.18 January 31, 2020 $51,340.09 July 31, 2020 $51,340.09 2021 $102,680.18 January 31, 2021 $51,340.09 July 31, 2021 $51,340.09 2022 $102,680.18 January 31, 2022 $51,340.09 July 31, 2022 $51,340.09 2023 $102,680.18 January 31, 2023 $51,340.09 July 31, 2023 $51,340.09 2024 $102,680.18 January 31, 2024 $51,340.09 July 31, 2024 $51,340.09 2025 $102,680.18 January 31, 2025 $51,340.09 July 31, 2025 $51,340.09 2026 $102,680.18 January 31, 2026 $51,340.09 July 31, 2026 $51,340.09 2027 $102,680.18 January 31, 2027 $51,340.09 July 31, 2027 $51,340.09 2028 $102,680.18 January 31, 2028 $51,340.09 July 31, 2028 $51,340.09 2029 $102,680.18 January 31, 2029 $51,340.09 July 31, 2029 $51,340.09 2030 $102,680.18 January 31, 2030 $51,340.09 July 31, 2030 $51,340.09 2031 $102,680.18 January 31, 2031 $51,340.09 July 31, 2031 $51,340.09 2032 $102,680.18 January 31, 2032 $51,340.09 July 31, 2032 $51,340.09 2033 $102,680.18 January 31, 2033 $51,340.09 July 31, 2033 $51,340.09 2034 $102,680.18 January 31, 2034 $51,340.09 July 31, 2034 $51,340.09 2035 $102,680.18 January 31, 2035 $51,340.09 July 31, 2035 $51,340.09 2036 $102,680.18 January 31, 2036 $51,340.09 July 31, 2036 $51,340.09 2037 $102,680.18 January 31, 2037 $51,340.09 July 31, 2037 $51,340.09 2038 $102,680.18 January 31, 2038 $51,340.09 July 31, 2038 $51,340.09 * Pursuant to Ohio Revised Code Chapter 323, the Special Assessment Payment Dates identified in this Exhibit 2 are subject to adjustment by the Franklin County Auditor under certain conditions.

Appears in 1 contract

Samples: Special Assessment Agreement

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