EXHIBIT 10(ll)
This Instrument Prepared By:
Xxxxx X. Xxxx, Esq.
XXXXX, XXXXXXX & XXXXX, P.A.
000 Xxxxx Xxxxxxxx Xxxx., Xxxxx 000
Xxxxx, Xxxxxxx 00000
WARRANTY DEED TO TRUSTEE UNDER TRUST AGREEMENT
PURSUANT TO SECTION 689.071, FLORIDA STATUTES
This Indenture, made this 13 day of November, 1997, Between THE DELTONA
CORPORATION, a corporation existing under the laws of the State of Delaware, a
domestic corporation of United States tax purposes whose Federal Identification
No. is 00-0000000, having its principal place of business at 000 Xxxxxxxx
Xxxxxx, Xxxxx 000, Xxxxx, Xxxxxxx 00000, and lawfully authorized to transact
business in the State of Florida, grantor*, and FIVE POINTS TITLE SERVICES CO.,
INC., a Florida corporation, as Trustee under the provisions of a Lot Exchange
Trust Agreement dated November 13, 1997, TIN# 00-0000000, whose post office
address is: 000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxx, Xxxxxxx 00000, hereinafter
called the grantee*.
WITNESSETH: That said grantor, for and in consideration of the sum of
TEN AND NO/100 ($10.00) Dollars, and other good and valuable considerations to
said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the grantee, the following described land, situate, lying and
being in Xxxxxx County, Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
To Have And To Hold the said property in fee simple upon the trusts and
for the uses and purposes herein and in said trust agreement set forth.
IT IS THE INTENT OF THE PARTIES HERETO THAT THE INTEREST OF THE GRANTEE IS
THAT OF A TRUSTEE UNDER THE PROVISIONS OF SECTION 689.071 FLORIDA STATUTES
(1991).
Full power and authority is hereby granted to the Trustee and Trustee's
successors and assigns, to deal in or with the property, and to protect,
conserve and to sell, or to lease, or to encumber, or otherwise to manage and
dispose of the property.
The interest of each beneficiary under the Trust Agreement and of all
persons claiming under them or any of them shall be only in the possession,
earnings, avails and proceeds arising from the sale or other disposition of said
property, and such interest is hereby declared to be personal property, and no
beneficiary hereunder shall have any title or interest, legal or equitable, in
or to said property as such.
And the Grantor covenants with the Trustee that Grantor is lawfully
seized of said property in fee simple; that the Grantor has good right and
lawful authority to sell and convey said property; that said grantor does hereby
fully warrant the title to said land, and will defend that same against the
lawful claims of all persons whomsoever; and that said property is free of all
encumbrances, except taxes for the year 1997 and subsequent years.
Subject to restrictions, reservations, easements and limitations of
record, if any, provided that this shall not serve to reimpose same, zoning
ordinances, and taxes for the current year and subsequent years.
*"Grantor" and "grantee" are used for singular or plural, as
context requires.
In Witness Whereof, Grantor has caused this Deed to be executed by its
authorized officer and its corporate seal to be affixed the day and year first
above written.
Signed, sealed and delivered in our presence.
/s/ Xxxxxx Xxxxxxxxxxx THE DELTONA CORPORATION,
-------------------------------
Witness Xxxxxx Xxxxxxxxxxx a Delaware corporation
/s/ Xxxxxxx X. Xxxx By:/s/ Xxxxx X. Xxxxxxxxx, Xx.
------------------------------- ----------------------------------
Witness Xxxxxxx X. Xxxx XXXXX X. XXXXXXXXX, XX., President
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this 13 day of
November, 1997, by XXXXX X. XXXXXXXXX, XX., President of THE DELTONA
CORPORATION, a Delaware corporation, on behalf of the corporation, under
authority duly vested in him by said corporation and that the seal affixed
hereto is the true corporate seal of said corporation. He is personally known to
me.
/s/ Xxxxxx X. Xxxxxxxxxxx
----------------------------------
Notary Public
EXHIBIT "A" - LEGAL DESCRIPTION
LOT EXCHANGE TRUST
------------------
XXXXXX XXXX
-----------
Those certain Lots and Blocks lying in and being a part of XXXXXX XXXX UNIT 6,
according to the Plat thereof, as recorded in Plat Book 0, Pages 107 through
139, inclusive, of the Public Records of Xxxxxx County, Florida, being more
particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ------ --- -------------------------
6 337 5 8006-0337-05
6 630 2 8006-0630-02
6 630 3 8006-0630-03
6 635 1 8006-0635-01
6 635 4 8006-0635-04
6 635 5 8006-0635-05
6 673 10 8010-0673-10
Those certain Lots and Blocks lying in and being a part of XXXXXX XXXX UNIT 7,
according to the Plat thereof, as recorded in Plat Book 0, Pages 140 through
153, inclusive, of the Public Records of Xxxxxx County, Florida, being more
particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ------ --- -------------------------
7 1095 2 8007-1095-02
7 1099 2 8007-1099-02
7 1099 4 8007-1099-04
7 1099 5 8007-1099-05
Those certain Lots and Blocks lying in and being a part of XXXXXX XXXX UNIT 9,
according to the Plat thereof, as recorded in Plat Book 0, Pages 164 through
193, inclusive, of the Public Records of Xxxxxx County, Florida, being more
particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ------ --- -------------------------
9 1133 16 8009-1133-16
9 1142 1 8009-1142-01
9 1142 10 8009-1142-10
9 1142 11 8009-1142-11
9 1142 12 8009-1142-12
9 1193 6 8009-1193-06
9 1214 3 8009-1214-03
Those certain Lots and Blocks lying in and being a part of XXXXXX XXXX UNIT 12,
according to the Plat thereof, as recorded in Plat Book 0, Pages 225 through 236
inclusive, of the Public Records of Xxxxxx County, Florida, being more
particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ------ --- -------------------------
12 1412 18 8012-1412-18
12 1412 22 8012-1412-22
This Instrument Prepared By:
Xxxxx X. Xxxx, Esq.
XXXXX, XXXXXXX & XXXXX, P.A.
000 Xxxxx Xxxxxxxx Xxxx., Xxxxx 000
Xxxxx, Xxxxxxx 00000
WARRANTY DEED TO TRUSTEE UNDER TRUST AGREEMENT
PURSUANT TO SECTION 689.071, FLORIDA STATUTES
This Indenture, made this 13 day of November, 1997, Between THE DELTONA
CORPORATION, a corporation existing under the laws of the State of Delaware, a
domestic corporation of United States tax purposes whose Federal Identification
No. is 00-0000000, having its principal place of business at 000 Xxxxxxxx
Xxxxxx, Xxxxx 000, Xxxxx, Xxxxxxx 00000, and lawfully authorized to transact
business in the State of Florida, grantor*, and FIVE POINTS TITLE SERVICES CO.,
INC., a Florida corporation, as Trustee under the provisions of a Lot Exchange
Trust Agreement dated November 13 , 1997, TIN# 00-0000000, whose post office
address is: 000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxx, Xxxxxxx 00000, hereinafter
called the grantee*.
WITNESSETH: That said grantor, for and in consideration of the sum of
TEN AND NO/100 ($10.00) Dollars, and other good and valuable considerations to
said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the grantee, the following described land, situate, lying and
being in Washington County, Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
To Have And To Hold the said property in fee simple upon the trusts and
for the uses and purposes herein and in said trust agreement set forth.
IT IS THE INTENT OF THE PARTIES HERETO THAT THE INTEREST OF THE GRANTEE IS
THAT OF A TRUSTEE UNDER THE PROVISIONS OF SECTION 689.071 FLORIDA STATUTES
(1991).
Full power and authority is hereby granted to the Trustee and Trustee's
successors and assigns, to deal in or with the property, and to protect,
conserve and to sell, or to lease, or to encumber, or otherwise to manage and
dispose of the property.
The interest of each beneficiary under the Trust Agreement and of all
persons claiming under them or any of them shall be only in the possession,
earnings, avails and proceeds arising from the sale or other disposition of said
property, and such interest is hereby declared to be personal property, and no
beneficiary hereunder shall have any title or interest, legal or equitable, in
or to said property as such.
And the Grantor covenants with the Trustee that Grantor is lawfully
seized of said property in fee simple; that the Grantor has good right and
lawful authority to sell and convey said property; that said grantor does hereby
fully warrant the title to said land, and will defend that same against the
lawful claims of all persons whomsoever; and that said property is free of all
encumbrances, except taxes for the year 1997 and subsequent years.
Subject to restrictions, reservations, easements and limitations of
record, if any, provided that this shall not serve to reimpose same, zoning
ordinances, and taxes for the current year and subsequent years.
*"Grantor" and "grantee" are used for singular or plural, as
context requires.
In Witness Whereof, Grantor has caused this Deed to be executed by its
authorized officer and its corporate seal to be affixed the day and year first
above written.
Signed, sealed and delivered in our presence.
/s/ Xxxxxx Xxxxxxxxxxx THE DELTONA CORPORATION,
------------------------------
Witness Xxxxxx Xxxxxxxxxxx a Delaware corporation
/s/ Xxxxxxx X. Xxxx By:/s/ Xxxxx X. Xxxxxxxxx, Xx.
-------------------------- ----------------------------------
Witness XXXXX X. XXXXXXXXX, XX., President
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledg d before me this 13 day of
November, 1997, by XXXXX X. XXXXXXXXX, XX., President of THE DELTONA
CORPORATION, a Delaware corporation, on behalf of the corporation, under
authority duly vested in him by said corporation and that the seal affixed
hereto is the true corporate seal of said corporation. He is personally known to
me.
/s/ Xxxxxx X. Xxxxxxxxxxx
---------------------------------
Notary Public
EXHIBIT "A" - LEGAL DESCRIPTION
LOT EXCHANGE TRUST
------------------
SUNNY HILLS
-----------
Those certain Lots and Blocks lying in and being a part of SUNNY HILLS UNIT
SEVEN, according to the Plat thereof, as recorded in Plat Book 2, Pages 77
through 86, inclusive, of the Public Records of Washington County, Florida,
being more particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ----- --- -------------------------
7 416 20 07-20-0416
7 416 22 07-22-0416
7 416 23 07-23-0416
7 416 35 07-35-0416
7 416 36 07-36-0416
7 458 11 07-11-0458
7 458 12 07-12-0458
7 458 15 07-15-0458
7 460 4 07-05-0460
Those certain Lots and Blocks lying in and being a part of SUNNY HILLS UNIT
EIGHT, according to the Plat thereof, as recorded in Plat Book 2, Pages 88
through 101, inclusive, of the Public Records of Washington County, Florida,
being more particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ----- --- -------------------------
8 519 6 08-06-0519
8 526 12 08-12-0526
8 537 5 08-05-0537
8 538 11 08-11-0538
8 542 3 08-03-0542
Those certain Lots and Blocks lying in and being a part of SUNNY HILLS UNIT
NINE, according to the Plat thereof, as recorded in Plat Book 2, Pages 103
through 107, inclusive, of the Public Records of Washington County, Florida,
being more particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ----- --- -------------------------
9 545 2 09-02-0545
9 547 31 09-31-0547
9 554 3 09-03-0554
Those certain Lots and Blocks lying in and being a part of SUNNY HILLS UNIT TEN,
according to the Plat thereof, as recorded in Plat Book 2, Pages 108 through
118, inclusive, of the Public Records of Washington County, Florida, being more
particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ----- --- -------------------------
10 584 3 10-03-0584
10 584 29 10-29-0584
10 585 8 10-08-0585
10 585 9 10-09-0585
10 585 16 10-16-0585
10 586 1 10-01-0586
10 586 4 10-04-0586
10 586 13 10-13-0586
10 586 19 10-19-0586
10 613 16 10-16-0613
10 614 2 10-02-0614
EXHIBIT "A" - LEGAL DESCRIPTION
LOT EXCHANGE TRUST
------------------
SUNNY HILLS (CONTINUED)
-----------------------
Those certain Lots and Blocks lying in and being a part of SUNNY HILLS UNIT
ELEVEN, according to the Plat thereof, as recorded in Plat Book 2, Pages 120
through 128, inclusive, of the Public Records of Washington County, Florida,
being more particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ----- --- -------------------------
11 743 54 11-54-0743
11 749 23 11-23-0749
11 752 6 11-06-0752
11 767 1 11-01-0767
11 768 10 11-10-0768
11 768 11 11-11-0768
11 768 12 11-12-0768
11 768 13 11-13-0768
11 768 19 11-19-0768
11 769 10 11-10-0769
11 769 11 11-11-0769
11 769 12 11-12-0769
11 769 13 11-13-0769
11 771 17 11-17-0771
11 775 11 11-11-0775
11 775 12 11-11-0775
11 777 4 11-04-0777
11 778 5 11-05-0778
11 778 6 11-06-0778
11 778 32 11-32-0778
11 779 1 11-01-0779
11 779 8 11-08-0779
11 779 10 11-10-0779
11 779 11 11-11-0779
11 779 12 11-12-0779
11 781 7 11-07-0781
11 781 19 11-19-0781
11 781 20 11-20-0781
11 781 21 11-21-0781
11 784 6 11-06-0784
11 785 4 11-04-0785
11 786 3 11-03-0786
11 786 4 11-04-0786
11 786 10 11-10-0786
11 815 7 11-07-0815
11 815 28 11-28-0815
11 816 41 11-41-0816
11 820 10 11-10-0820
11 820 11 11-11-0820
11 820 12 11-12-0820
11 820 13 11-13-0820
11 822 44 11-44-0822
EXHIBIT "A" - LEGAL DESCRIPTION
LOT EXCHANGE TRUST
------------------
SUNNY HILLS(CONTINUED)
----------------------
Those certain Lots and Blocks lying in and being a part of SUNNY HILLS UNIT
TWELVE, according to the Plat thereof, as recorded in Plat Book 2, Pages 129
through 138, inclusive, of the Public Records of Washington County, Florida,
being more particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ----- --- -------------------------
12 999 7 12-07-0999
12 999 19 12-19-0999
12 1000 1 12-01-1000
12 1000 3 12-03-1000
12 1000 8 12-08-1000
12 1000 11 12-11-1000
12 1001 8 12-08-1001
12 1001 9 12-09-1001
12 1001 12 12-12-1001
12 1001 19 12-19-1001
12 1001 24 12-24-1001
12 1001 27 12-27-1001
12 1002 1 12-01-1002
12 1002 2 12-02-1002
12 1002 3 12-03-1002
12 1002 10 12-10-1002
12 1002 11 12-11-1002
12 1003 12 12-12-1003
12 1003 15 12-15-1003
12 1003 16 12-16-1003
12 1003 20 12-20-1003
12 1003 21 12-21-1003
12 1003 22 12-22-1003
12 1003 23 12-23-1003
12 1003 24 12-24-1003
12 1004 6 12-06-1004
12 1004 7 12-07-1004
12 1004 8 12-08-1004
12 1004 9 12-09-1004
12 1004 12 12-12-1004
12 1004 13 12-13-1004
12 1005 3 12-03-1005
12 1005 4 12-04-1005
12 1005 5 12-05-1005
12 1005 6 12-06-1005
12 1005 9 12-09-1005
12 1005 11 12-11-1005
12 1005 22 12-22-1005
12 1006 3 12-03-1006
12 1006 13 12-13-1006
12 1007 3 12-03-1007
12 1007 11 12-11-1007
12 1007 12 12-12-1007
EXHIBIT "A" - LEGAL DESCRIPTION
LOT EXCHANGE TRUST
------------------
SUNNY HILLS(CONTINUED)
----------------------
Those certain Lots and Blocks lying in and being a part of SUNNY HILLS UNIT
TWELVE, according to the Plat thereof, as recorded in Plat Book 2, Pages 129
through 138, inclusive, of the Public Records of Washington County, Florida,
being more particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ----- --- -------------------------
12 1007 13 12-13-1007
12 1007 17 12-17-1007
12 1007 18 12-18-1007
12 1007 19 12-19-1007
12 1007 20 12-20-1007
12 1007 23 12-23-1007
12 1007 25 12-25-1007
12 1008 19 12-19-1008
12 1008 20 12-20-1008
12 1008 37 12-37-1008
EXHIBIT "A" - LEGAL DESCRIPTION
LOT EXCHANGE TRUST
------------------
SUNNY HILLS(CONTINUED)
----------------------
Those certain Lots and Blocks lying in and being a part of SUNNY HILLS UNIT
SIXTEEN, according to the Plat thereof, as recorded in Plat Book 3, Pages 50
through 58, inclusive, of the Public Records of Washington County, Florida,
being more particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ------ --- -------------------------
16 596 11 16-11-0596
16 637 22 16-22-0637
16 787 14 16-14-0787
16 788 7 16-07-0788
16 788 8 16-08-0788
16 788 9 16-09-0788
16 788 11 16-11-0788
16 791 1 16-01-0791
16 791 22 16-22-0791
16 791 23 16-23-0791
16 793 6 16-06-0793
16 793 7 16-07-0793
16 801 7 16-07-0801
16 801 12 16-12-0801
16 805 5 16-05-0805
16 806 1 16-01-0806
16 809 1 16-01-0809
16 810 16 16-16-0810
16 812 1 16-01-0812
16 814 31 16-31-0814
Those certain Lots and Blocks lying in and being a part of SUNNY HILLS UNIT
NINETEEN, according to the Plat thereof, as recorded in Plat Book 3, Pages 65
through 79, inclusive, of the Public Records of Washington County, Florida,
being more particularly described as follows:
Unit Block Lot Parcel Identification No.
---- ------ --- -------------------------
19 1075 17 19-17-1075
19 1083 4 19-04-1083
