LIMITED WARRANTY DEED
THIS INDENTURE, made and entered into as of the 19th day of December,
1997, by and between WINDRUSH PARTNERS, LTD., a Georgia limited partnership
(hereinafter referred to as the "Grantor") and VININGS COMMUNITIES, L.P., a
Delaware limited partnership (hereinafter referred to as "Grantee") (the words
"Grantor" and "Grantee" to include their respective heirs, legal
representatives, successors and assigns where the context requires or permits);
WITNESSETH, THAT:
GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration, in hand paid at and before
the sealing and delivery of these presents, the receipt whereof is hereby
acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and
by these presents does grant, bargain, sell, alien, convey and confirm unto said
Grantee, all that tract or parcel of land lying and being located in DeKalb
County, Georgia, and being more particularly described on Exhibit "A", attached
hereto and incorporated herein by this reference (hereinafter referred to as the
"Property").
THIS CONVEYANCE and the warranties contained herein are expressly made
subject to those liens, encumbrances, restrictions and other matters set forth
on Exhibit "B" attached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD the said described Property, with all and singular
the rights, members and appurtenances thereof, to the same being, belonging, or
in anywise appertaining, only to the proper use, benefit and behoof of the said
Grantee forever in FEE SIMPLE.
AND THE SAID GRANTOR will warrant and forever defend the right and
title to the above described Property unto the said Grantee against the claims
of all persons and entities owning, holding or claiming by, through or under
Grantor, but not otherwise.
IN WITNESS WHEREOF, the duly authorized officers of Grantor have signed
and sealed this Deed on the day and year first above written.
Signed, sealed and delivered WINDRUSH PARTNERS, LTD., a
in the presence of: Georgia Limited Partnership
Xxxxx Xxxxx Mesnick By: Hallmark Group Real Estate
Unofficial Witness Services Corp., a Georgia
corporation, General Partner
/s/ Xxxxxxx X. Xxxx By: /s/ Xxxxx X. Xxxx
Notary Public Title: President
My Commission Expires: [CORPORATE SEAL]
5/2/98
[NOTARIAL SEAL]
