We hereby certify the within
to be a true and correct
copy of the original
document.
By [graphic of signature]
-------------------------
THIS DEED
MADE the 16th day of March, 2004
BETWEEN TOWNFAIR CENTER ASSOCIATES, PHASE III, a Pennsylvania general
partnership having an address at c/o Xxxxxxx Xxxxxx Development Corporation,
0000 Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxxxx 00000 ("Grantor"),
AND
CEDAR TOWNFAIR PHASE III, LLC, a Delaware limited liability company
having an address at 00 Xxxxx Xxxxxx Xxxxxx, Xxxx Xxxxxxxxxx, Xxx Xxxx 00000
("Grantee"),
WITNESSETH, that in consideration of $3,200,000.00, paid by Grantee,
the receipt of which is hereby acknowledged, Grantor hereby grants and conveys
to Grantee the following:
ALL that certain piece, parcel or lot of land located in White
Township, Indiana County, Pennsylvania, more particularly identified and
described on Exhibit A attached hereto (the "Property").
TOGETHER WITH all and singular the buildings, improvements, ways,
streets, alleys, driveways, passages, waters, water-courses, rights, liberties,
privileges, hereditaments and appurtenances, whatsoever belonging to the
Property or in any way pertaining to the Property, and the reversions and
remainders, rents, issues, and profits thereof; and all the estate, right,
title, interest, property, claim and demand whatsoever of Grantor, as well at
law as in equity, of, in, and to the same.
TOGETHER WITH all of Grantor's rights and interests as Declarant under
tat certain Declaration of Reciprocal Easements, Covenants, and Restrictions
made by Townfair Center Associates dated September 28, 1995, and recorded in
Deed Book Volume 1072, Page 106; as amended by Amended and Restated Declaration
of Reciprocal Easements, Covenants and Restrictions made by Townfair Center
Associates and Townfair Center Associates, Phase III dated September 4, 2003,
and recorded in Record Book Volume 1326, Page 204.
UNDER AND SUBJECT TO all prior instruments of record.
with the appurtenances; To Have and To Hold the same to and for the use of
Grantee, its successors and assigns forever, and Grantor, for its successors and
assigns, hereby covenants and agrees that it will WARRANT SPECIALLY the Property
hereby conveyed.
NOTICE - THIS DOCUMENT MAY NOT/DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR
INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND
DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY
HAVE/HAVE, THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT
CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING
OR OTHER STRUCTURE ON OR IN SUCH LAND, THE INCLUSION OF THIS NOTICE DOES NOT
ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,
TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. [This notice is set forth
in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as
amended, and is not intended as notice of unrecorded instruments, if any.]
IN WITNESS WHEREOF, Grantor has signed and sealed this Deed on the day
and year first above written.
TOWNFAIR CENTER ASSOCIATES, PHASE III
a Pennsylvania general partnership
By: Xxxxxxx Xxxxxx Limited Partnership #2,
a Pennsylvania limited partnership,
General Partner
Attest: By: Xxxxxxx Xxxxxx Development Corporation,
a Pennsylvania corporation,
General Partner
/s/ [signature of graphic] By: /s/ Xxx X. XxXxxxxx
------------------------------------
Xxx X. XxXxxxxx, Vice President
Attest: By: X. X. Xxxx Incorporated,
a Pennsylvania corporation,
General Partner
/s/ [signature of graphic] By:/s/ Xxxxxxx X. Xxxxx
------------------------------------
Xxxxxxx X. Xxxxx,
Executive Vice President
2
NOTICE THE UNDERSIGNED, AS EVIDENCED BY THE SIGNATURE(S) TO THIS NOTICE AND THE
ACCEPTANCE AND RECORDING OF THIS DEED, IS FULLY COGNIZANT OF THE FACT THAT THE
UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGAINST SUBSIDENCE, AS
TO THE PROPERTY HEREIN CONVEYED, RESULTING FROM COAL MINING OPERATIONS AND THAT
THE PURCHASED PROPERTY, HEREIN CONVEYED, MAY BE PROTECTED FROM DAMAGE DUE TO
MINE SUBSIDENCE BY A PRIVATE CONTRACT WITH THE OWNERS OF THE ECONOMIC INTEREST
IN THE COAL. THIS NOTICE IS INSERTED HEREIN TO COMPLY WITH THE BITUMINOUS MINE
SUBSIDENCE AND LAND CONSERVATION ACT OF 1966, AS AMENDED 1980, OCT. 10, X.X.
000, XX. 000 xx.0.
CEDAR TOWNFAIR PHASE III, LLC
a Delaware limited liability company
By: Cedar Shopping Centers Partnership, L.P.,
a Delaware limited partnership, Member
By: Cedar Shopping Centers, Inc.
a Maryland corporation, General Partner
By : /s/ Xxx X. Xxxxxx
--------------------------------
Xxx X. Xxxxxx, President
CERTIFICATE OF RESIDENCE
I hereby certify that Grantee's precise residence is 00 Xxxxx Xxxxxx
Xxxxxx, Xxxx Xxxxxxxxxx, XX 00000,
[signature of graphic]
------------------------------
Attorney or Agent for Grantee
3
Commonwealth of Pennsylvania )
) ss.
County of Allegheny )
On this, the 17th day of March, 2004, before me, the undersigned
officer, personally appeared Xxx X. XxXxxxxx, who acknowledged himself to be the
Vice President of Xxxxxxx Xxxxxx Development Corporation, a Pennsylvania
corporation and the General Partner of Xxxxxxx Xxxxxx Limited Partnership #2, a
Pennsylvania limited partnership and a General Partner of Townfair Center
Associates, Phase III, a Pennsylvania general partnership, and that he as such
officer, being authorized to do so, executed the foregoing instrument for the
purpose therein contained by signing the name of the corporation by himself as
such officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/ Xxxx X. Xxxxxx
-------------------------------
Notary Public
My Commission Expires: COMMONWEALTH OF PENNSYLVANIA
--------------------------------------------
Notarial Seal
Xxxx X. Xxxxxx, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires May 24, 2007
--------------------------------------------
Member, Pennsylvania Association Of Notaries
Commonwealth of Pennsylvania )
) ss.
County of Allegheny )
On this, the 16th day of March, 2004, before me, the undersigned
officer, personally appeared Xxxxxxx X. Xxxxx, who acknowledged himself to be
the Executive Vice President of X. X. Xxxx Incorporated, a Pennsylvania
corporation and a General Partner of Townfair Center Associates, Phase III, a
Pennsylvania general partnership, and that he as such officer, being authorized
to do so, executed the foregoing instrument for the purpose therein contained by
signing the name of the corporation by himself as such officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/ Xxxx X. Xxxxxxxx
-------------------------------
Notary Public
My Commission Expires: July 30, 2006
-------------------------------------------
Notarial Seal
Xxxx X. Xxxxxxxx, Notary Public
West Mifflin Boro, Alleghany County
My Commission Expires July 30, 2006
-------------------------------------------
Member Pennsylvania Association Of Notaries
4
Exhibit A
All that certain lot or parcel of land situate in White Township,
Indiana County, Pennsylvania identified as Lot 4B-1 shown on Townfair Plan No.
4 recorded in Record Book Volume 1326, page 189, bounded and described as
follows:
Thence from the original point of beginning S 05(degree) 40' 30" W a
distance of 573.37 feet to a point; thence by the line dividing Xxx 0X xx
Xxxxxxxx Xxxx Xx. 0 and lands now or formerly of A. Xxxxxx Xxxxxxx S 87(degree)
24' 30" W a distance of 199.04 feet to a point; thence by a line dividing Xxx
0X-0 xxx Xxx 0X-0 xx xxxx Xxxxxxxx Xxxx Xx. 0 the following seven (7) courses
and distances:
N 04(degree) 26' 47" W a distance of 197.99 feet;
S 85(degree) 33' 13" W a distance of 51.07 feet;
N 04(degree) 26' 47" W a distance of 116.00 feet;
S 85(degree) 33' 13" W a distance of 140.00 feet;
N 04(degree) 26' 47" W a distance of 32.00 feet;
S 85(degree) 33' 13" W a distance of 156.58 feet;
N 32(degree) 20' 22" W a distance of 52.18 feet on the line dividing
Xxx 0X xxx Xxx 0X xx xxxx Xxxxxxxx Xxxx Xx. 0.
Thence on the line dividing Xxx 0X xxx Xxx 0X xx xxxx Xxxxxxxx Xxxx Xx.
0 the following seven (7) courses and distances:
N 60(degree) 18' 41" E a distance of 12.70 feet;
N 36(degree) 47' 14" E a distance of 41.79 feet;
N 53(degree) 22' 57" E a distance of 103.15 feet;
N 60(degree) 48' 33" E a distance of 315.89 feet;
N 83(degree) 09' 40" E a distance of 89.49 feet;
S 66(degree) 43' 51" E a distance of 103.04 feet;
S 84(degree) 19' 30" E a distance of 79.12 feet to the original point
of beginning.
