EXHIBIT 10.17
THIS INSTRUMENT PREPARED BY: INSTR # 2001189639
XXXXXX X. XXXXXXX OR BK 04836 PG 1037
XXXXX & SANUNONS, P.A. RECORDED 10/30/2001 03:34 PM
0000 Xxxxx Xxxxxx RICHARD M. XXXXX XXXXX XX XXXXX
Xxxxxx Xxxxx, XX 00000 POLK COUNTY
ATTORNEY FOR GRANTOR DOC TAX PD(F.S. 201.02) 1,005.20
DEPUTY CLERK X XXXXXXX
RETURN TO:
XXXXXX X. XXXXXXX
0000 XXXXX XXXXXX XX
XXXXXX HAVEN. FL 33880
THIS DEED IN LIEU OF FORECLOSURE made the 29 day of 0CTOBER, 2001 by
TOHO HOLDINGS, INC., A FLORIDA CORPORATION, hereinafter referred to as grantor
whose address is 0000 Xxxxxxx Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxxx XX 00000, and
FIDRA HOLDINGS, INC., A LIMITED PARTNERSHIP FORMED UNDER THE LAWS OF
_______________, whose federal taxpayer identification number is ( ) and whose
address is Xxxxx 0, Xxxx Xxx Xxxxxx, X.0. Box CB-11728, Nassau Bahamas,
hereinafter referred to as grantee:
W1TNESSETH: That the grantor, for and in consideration of the sum of
$10.00, receipt of which is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the grantee, all that
certain land situate in Polk County Florida, viz:
Commence at the intersection of the North right-of-way of Interstate
No. 4 and the West boundary of Section 11, Township 27 South, Range 24
East, Polk County, Florida, run thence North 72 degrees 50'19" EAST,
along said right-of-way a distance of 450.00 feet, thence leaving said
right-of-way run North 00 degrees 11 '36" West, a distance of 535.10
feet for the Point of Beginning, thence continue North 00 degrees 11
'36" West a distance of 598.47 feet; thence run North 81 degrees 28'25"
East, a distance of 145.42 feet; thence run North 00 degrees 10'20"
West, a distance of 370.35 feet to the southerly right-of-way boundary
of State Road 33; thence run North 72 degrees 50'50" East, along the
southerly right-of-way boundary of said State Road 33, a distance of
154.69 feet; thence run South 00 degrees 00'05" West, a distance of
882.63 feet; thence run South 62 degrees 00'04"West, along the
centerline of a ditch as now located, a distance of 326.71 feet to the
Point of Beginning.
Tax Identification Number: 112724-000000-043050
This deed was prepared based upon information provided by the grantor.
No title insurance or other title assurance was requested or given.
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
THIS DEED IS GIVEN IN LIEU OF FORECLOSURE of that mortgage between the
Grantor and Grantee, dated December 13, 1999, and recorded on January 12, 2000
in 0. R. Book 4385, page1110, of the public records of Polk County, Florida.
This deed is an absolute conveyance and Grantor retains no interest in the
property whatsoever. It is the intent of the Grantee that the Grantee's interest
as a mortgagee under the mortgage and the fee simple ownership in the property
shall not merge unless and until the Grantee executes a warranty deed conveying
the property without exception for the mortgage, or records an affidavit
expressly stating an intent to merge those interests.
IN WITNESS WHEREOF, the said xxxxxxx has signed and sealed these
presents the day and year first above written.
Witnesses as to grantor:
/s/ Xxxxxx Xxxxxxx Toho Holdings, Inc.
----------------------------------
(witness signature) Xxxxxx Xxxxxxx
witness print name:
/s/ Xxxxx Xxxxxxxxx By: /s/ Xxxxx Xxxxxx
-------------------------- ------------------------
Xxxxx Xxxxxxxxx Xxxxx Xxxxxx, president
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[Witness] print name: XXXX OR BK 04836 PG 1038
STATE OF FLORIDA
COUNTY OF POLK
The foregoing instrument was acknowledged before me this 29 day of October, 2001
as president of Toho Holdings, Inc. on behalf of the corporation. Xxxxx Xxxxxx
is personally known to me or who has produced a driver's license as
identification and who did take an oath.
/s/ Xxxxxx X. Xxxxxxx
--------------------------------
My Commission Expires: Notary Public, state of
Florida, at large
print name:
[STAMP OF XXXXXX X. XXXXXXX]
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