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EXHIBIT 10.10
This document was prepared outside of the Commonwealth of Virginia
SPECIAL WARRANTY DEED
THIS DEED, made and entered into this ____ day of October, 1998 by and
between A&A GREENBRIER TECH, INC., a Virginia corporation ("Grantor"), with an
address of c/o Cambridge Holdings Limited Partnership, 000 Xxxxxxx Xxxxxxx,
Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000, and AIP/GREENBRIER GP, INC., a Texas
corporation ("Grantee"), with an address of 0000 Xxxxx Xxxxxxxx Xxxx, Xxxxx 000,
Xxxxxx, Xxxxx 00000-0000.
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00) in
hand paid and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Grantor does hereby grant, bargain, sell and
convey unto Grantee, in fee simple, with Special Warranty of title, that certain
real property located in the City of Chesapeake, Virginia and more particularly
described in Exhibit A attached hereto and made a part hereof.
Together with all improvements located thereon, and all title, right,
privilege, alleys, ways, easements, appurtenances and advantages thereunto
belonging, or in anywise appertaining thereto.
Subject only to those matters set forth and identified on Exhibit B
attached hereto and made a part hereof.
AND FURTHER SUBJECT TO (pursuant to Grantee's assumption thereof) that
certain secured promissory notes in the original principal amounts of $3,147,000
and $1,253,000, each dated July 29, 1997, executed by Grantor and payable to the
order of
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Principal Mutual Life Insurance Company (the "Notes") and secured by a Deed of
Trust, Security Agreement and Assignment of Rents, dated of even date therewith,
and recorded on July 30, 1997 in Deed Book 3530, Page 145 in the Clerk's Office
of the Circuit Court of the City of Chesapeake, Virginia (the "Deed of Trust")
upon which Notes there now remains an aggregate outstanding principal balance of
$4,304,140.77.
To have and to hold the property hereby conveyed to the Grantee, its
successors and assigns, in fee simple forever.
IN TESTIMONY WHEREOF, the said Grantor has, as of the date first
written above, caused these presents to be signed, acknowledged and delivered,
under seal, by its duly authorized representative as its act and deed.
A&A Greenbrier Tech, Inc., a Virginia
corporation
By:
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Xx. Xxxxx Xxxxxxx
President
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DISTRICT OF )
) SS:
COLUMBIA )
The undersigned, a Notary Public in and for the jurisdiction aforesaid,
does hereby certify that Xx. Xxxxx Xxxxxxx, the President of A&A Greenbrier
Tech, Inc., a Virginia corporation, known to me (or satisfactory proven) to be
the person whose name is subscribed to the within instrument and acknowledged
that he executed the same on behalf of A&A Greenbrier Tech, Inc., for the
purpose therein contained.
GIVEN under my hand and seal this ____ day of October, 1998.
(SEAL)
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Notary Public
My commission expires:
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EXHIBIT A
(Legal Description)
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EXHIBIT B
(Permitted Encumbrances)