PURCHASE AGREEMENT
Party City
Gainesville, Georgia
This AGREEMENT, entered into effective as of the 7th of February,
2003.
l. PARTIES. Seller is AEI Net Lease Income & Growth Fund XIX
Limited Partnership, a Minnesota Limited Partnership which owns
an undivided 100% interest in the fee title to that certain real
property legally described in the attached Exhibit "A" (the
"Property"). Buyer is Big G of Athens, Inc. Seller wishes to
sell and Buyer wishes to buy the Property.
2. PROPERTY. The Property to be sold to Buyer in this transaction
consists of an undivided 100% interest the Property. Seller
owns no interest in any personal property in connection with the
Property.
3. PURCHASE PRICE. The purchase price for this Property is
$1,811,000.00, all cash.
4. TERMS. The purchase price for the Property will be paid by
Buyer as follows:
(a) When this agreement is executed, Buyer will pay $100,000 to
Seller (which shall be deposited into escrow according to the
terms hereof) (the "First Payment"). The First Payment will be
credited against the purchase price when and if escrow closes and
the sale is completed.
(b) Buyer will deposit the balance of the purchase price,
$1,711,000.00 (the Second Payment") into escrow in sufficient
time to allow escrow to close on the closing date.
5. CLOSING DATE. Escrow shall close thirty days after the due
diligence period.
6. DUE DILIGENCE. Buyer will have until the expiration of
fourteen days from the effective date hereof to (at his own
expense) perform and/or review any structural, environmental, or
engineering studies including all site plans, surveys, and any
environmental reports, etc. Buyer agrees to indemnify and hold
Seller harmless for any loss or damage to the Property or persons
caused by Buyer or its agents arising out of such physical
inspections of the Property. Subject to Paragraph 16 hereof,
unless Buyer shall terminate this Agreement in writing prior to
the expiration of the Site Inspection Period, this site
inspection contingency to Buyer's obligations hereunder shall be
deemed satisfied.
Buyer will have until the expiration of fourteen days (The
"Review Period") after delivery of each of following items, to be
supplied by Seller, to conduct all of its other inspections and
due diligence and satisfy itself regarding each item, the
Property, and this transaction.
(a) One copy of a title insurance commitment for an Owner's
Title insurance policy (see paragraph 8 below).
(b) A copy of a Certificate of Occupancy or other such document
certifying completion and granting permission to permanently
occupy the improvements on the Property as are in Seller's
possession.
(c) A copy of an "as built" survey of the Property done
concurrent with Seller's acquisition of the Property, if in
Seller's possession.
(d) A copy of any Phase I Environmental Report on the Property,
if in Seller's possession.
(e) Lease (as further set forth in paragraph 11(a) below) of the
Property showing occupancy date, lease expiration date, rent, and
Guarantees, if any, accompanied by such tenant financial
statements as may have been provided most recently to Seller by
the Tenant and/or Guarantors.
Buyer may cancel this agreement for any reason in its sole
discretion by delivering a cancellation notice, to Seller before
the expiration of the Review Period. Such notice shall be deemed
effective upon receipt by Seller. Such notice shall be deemed
effective by way of facsimile from Buyer to Seller up to midnight
of the last day of the Review Period. The last day of the Review
Period shall be February 21, 2003. If this Agreement is not
cancelled as set forth above, the First Payment shall be non-
refundable unless Seller shall default hereunder.
If Buyer cancels this Agreement as permitted under this
Section, except for any escrow cancellation fees and any
liabilities under the first paragraph of section 6 of this
Agreement (which will survive), Buyer (after execution of such
documents reasonably requested by Seller to evidence the
termination hereof) shall be returned its First Payment, and
Buyer will have absolutely no rights, claims or interest of any
type in connection with the Property or this transaction,
regardless of any alleged conduct by Seller or anyone else.
Unless this Agreement is canceled by Buyer pursuant to the
terms hereof, if Buyer fails to make the Second Payment, Seller
shall be entitled to retain the First Payment and Buyer
irrevocably will be deemed to be in default under this Agreement.
Seller may, at its option, retain the First Payment and declare
this Agreement null and void, in which event Buyer will be deemed
to have canceled this Agreement and relinquish all rights in and
to the Property, or Seller may exercise its rights under Section
14 hereof. If this Agreement is not canceled and the First
Payment and the Second Payment are made when required, all of
Buyer's conditions and contingencies will be deemed satisfied.
7. ESCROW. Escrow shall be opened by Seller at Lawyers Title
Insurance Corporation and funds deposited in escrow upon
acceptance of this Agreement by both parties. A copy of this
Agreement will be delivered to the escrow holder and will serve
as escrow instructions together with the escrow holder's standard
instructions and any additional instructions required by the
escrow holder to clarify its rights and duties. If there is any
conflict between these other instructions and this Agreement,
this Agreement will control.
8. TITLE. Closing will be conditioned on the agreement of
Lawyers Title Insurance Corporation to issue an Owner's policy of
title insurance, dated as of the close of escrow, in an amount
equal to the purchase price, insuring that Buyer will own
insurable title to the Property subject only to: the title
company's standard exceptions; current real property taxes and
assessments; survey exceptions; the rights of parties in
possession pursuant to the lease defined in paragraph 11 below;
all matters of public record; and other items disclosed to Buyer
during the Review Period.
Buyer shall be allowed five (5) days after receipt of said
commitment for examination and the making of any objections to
marketability thereto, said objections to be made in writing or
deemed waived. If any objections are so made, the Seller shall
be allowed sixty (60) days to make such title marketable or in
the alternative to obtain a commitment for insurable title
insuring over Buyer's objections. If Seller shall decide to make
no efforts to make title marketable, or is unable to make title
marketable or obtain insurable title, Buyer's First Payment will
be returned (after execution by Buyer of such documents
reasonably requested by Seller to evidence the termination
hereof) and this Agreement shall be null and void and of no
further force and effect. Seller has no obligation to spend any
funds or make any effort to satisfy Buyer's objections, if any.
Pending satisfaction of Buyer's objections, the payments
hereunder required shall be postponed, but upon satisfaction of
Buyer's objections and within ten (10) days after written notice
to the Buyer of satisfaction of Buyer's objections, the parties
shall perform this Agreement according to its terms.
9. CLOSING COSTS. Buyer shall pay up to 1.5 percent of the
Purchase Price toward closing costs, which shall include
escrow fees, all recording fees, transfer taxes and clerk's
fees imposed upon the recording of the deed, the cost of the
title commitment, the cost of an update to the Survey in
Sellers possession (if an update is required by Buyer), and
the cost of issuing a Standard Owners Title Insurance Policy
in the full amount of the purchase price, if Buyer shall
decide to purchase the same. Seller shall pay any Closing
Costs in excess of 1.5 percent of the Purchase Price, and any
brokerage commissions payable. Each party will pay its own
attorney's fees and costs to document and close this
transaction.
At the time of closing seller will pay a referral fee to The
Commercial Group @ ORRICO REALTY and The Hokayem Company in
the amount of $18,110 each.
10. REAL ESTATE TAXES, SPECIAL ASSESSMENTS AND PRORATIONS.
(a) Because the Property is subject to a triple net lease
(as further set forth in paragraph 11(a)(i), the parties
acknowledge that there shall be no need for a real estate
tax proration. However, Seller warrants that all real
estate taxes and installments of special assessments due and
payable in all years prior to the year of Closing have been
paid in full. Unpaid real estate taxes and unpaid levied
and pending special assessments existing on the date of
Closing shall be the responsibility of Buyer, pro-rated,
however, to the date of closing for the period prior to
closing. Taxes and special assessments prior to closing
shall be the responsibility of Seller, if Tenant shall not
pay the same. Buyer shall likewise pay all taxes due and
payable in the year after Closing and any unpaid
installments of special assessments payable therewith and
thereafter, if such unpaid levied and pending special
assessments and real estate taxes are not paid by any tenant
of the Property.
(b) All income and all operating expenses from the Property
shall be prorated between the parties and adjusted by them
as of the date of Closing. Seller shall be entitled to all
income earned and shall be responsible for all expenses
incurred prior to the date of Closing, and Buyer shall be
entitled to all income earned and shall be responsible for
all operating expenses of the Property incurred on and after
the date of closing.
11. Seller's Representation and Agreements.
(a) Seller represents and warrants as of this date that:
(i) Except for the Lease Agreement in existence between AEI Net
Lease Income & Growth Fund XIX Limited Partnership (as Lessor)
and Party City of Atlanta, Inc. (as Lessee), dated December 18,
1997 (the "Lease"), Seller is not aware of any leases of the
Property.
(ii) It is not aware of any pending litigation or condemnation
proceedings against the Property or Seller's interest in the
Property.
(iii)Except as previously disclosed to Buyer and as
permitted in paragraph (b) below, Seller is not aware of any
contracts Seller has executed that would be binding on Buyer
after the closing date.
(b) Provided that Buyer performs its obligations when
required, Seller agrees that it will not enter into any new
contracts that would materially affect the Property and be
binding on Buyer after the Closing Date without Buyer's
prior consent, which will not be unreasonably withheld.
12. DISCLOSURES.
(a) Seller has not received any notice of any material,
physical, or mechanical defects of the Property, including
without limitation, the plumbing, heating, air conditioning,
ventilating, and electrical systems. To the best of Seller's
knowledge without inquiry, all such items are in good
operating condition and repair and in compliance with all
applicable governmental, zoning, and land use laws,
ordinances, regulations and requirements. If Seller shall
receive any notice to the contrary prior to Closing, Seller
will inform Buyer prior to Closing.
(b) Seller has not received any notice that the use and
operation of the Property is not in full compliance with
applicable building codes, safety, fire, zoning, and land
use laws, and other applicable local, state and federal
laws, ordinances, regulations and requirements. If Seller
shall receive any notice to the contrary prior to Closing,
Seller will inform Buyer prior to Closing.
(c) Seller knows of no facts nor has Seller failed to
disclose to Buyer any fact known to Seller which would
prevent the Tenant from using and operating the Property
after the Closing in the manner in which the Property has
been used and operated prior to the date of this Agreement.
If Seller shall receive any notice to the contrary prior to
Closing, Seller will inform Buyer prior to Closing.
(d) Seller has not received any notice that the Property is
in violation of any federal, state or local law, ordinance,
or regulations relating to industrial hygiene or the
environmental conditions on, under, or about the Property,
including, but not limited to, soil, and groundwater
conditions. To the best of Seller's knowledge, there is no
proceeding or inquiry by any governmental authority with
respect to the presence of Hazardous Materials on the
Property or the migration of Hazardous Materials from or to
other property. Buyer agrees that Seller will have no
liability of any type to Buyer or Buyer's successors,
assigns, or affiliates in connection with any Hazardous
Materials on or in connection with the Property either
before or after the Closing Date, except such Hazardous
Materials on or in connection with the Property arising out
of Seller's gross negligence or intentional misconduct. If
Seller shall receive any notice to the contrary prior to
Closing, Seller will inform Buyer prior to Closing.
(e) Buyer agrees that it shall be purchasing the Property
in its then present condition, as is, where is, and Seller
has no obligations to construct or repair any improvements
thereon or to perform any other act regarding the Property,
except as expressly provided herein.
(f) Buyer acknowledges that, having been given the
opportunity to inspect the Property and such financial
information on the Lessee and Guarantors of the Lease as
Buyer or its advisors shall request, if in Seller's
possession, Buyer is relying solely on its own investigation
of the Property and not on any information provided by
Seller or to be provided except as set forth herein. Buyer
further acknowledges that the information provided and to be
provided by Seller with respect to the Property, to the
Lessee, and to the Guarantors of Lease was obtained from a
variety of sources and Seller neither (a) has made
independent investigation or verification of such
information, or (b) makes any representations as to the
accuracy or completeness of such information except as
herein set forth. The sale of the Property as provided for
herein is made on an "AS IS" basis, and Buyer expressly
acknowledges that, in consideration of the agreements of
Seller herein, except as otherwise specified herein in
paragraph 11(a) and (b) above and this paragraph 12, Seller
makes no Warranty or representation, Express or Implied, or
arising by operation of law, including, but not limited to,
any warranty of condition, habitability, tenantability,
suitability for commercial purposes, merchantability, or
fitness for a particular purpose, in respect of the
Property.
The provisions (d) - (f) above shall survive Closing.
13. CLOSING.
(a) On or before the closing date, Seller will deposit into
escrow an executed special warranty deed warranting title against
lawful claims by, through, or under a conveyance from Seller, but
not further or otherwise, conveying insurable title of the
Property to Buyer, subject to the exceptions contained in
paragraph 8 above. Seller will also deliver an Estoppel
Certificate certified by Seller (or if available, by Lessee) as
to the absence of known defaults by Lessee and Lessor under the
Lease.
(b) On or before the closing date, Buyer will deposit into
escrow: the balance of the Purchase Price when required under
Section 4; any additional funds required of Buyer (pursuant to
this agreement or any other agreement executed by Buyer) to close
escrow. Both parties will deliver to the escrow holder any other
documents reasonably required by the escrow holder to close
escrow.
(c) On the closing date, if escrow is in a position to
close, the escrow holder will: record the deed in the
official records of the county where the Property is
located; cause the title company to commit to issue the
title policy; immediately deliver to Seller the portion of
the purchase price deposited into escrow by cashier's check
or wire transfer (less debits and prorations, if any);
deliver to Seller and Buyer a signed counterpart of the
escrow holder's certified closing statement and take all
other actions necessary to close escrow.
14. DEFAULTS. If Buyer defaults, Buyer will forfeit all rights
and claims and Seller will be relieved of all obligations and
will be entitled to retain all monies heretofore paid by the
Buyer. In addition, Seller shall retain all remedies available to
Seller at law or in equity.
If Seller shall default, Buyer irrevocably waives any rights
to file a lis pendens, a specific performance action or any other
claim, action or proceeding of any type in connection with the
Property or this or any other transaction involving the Property,
and will not do anything to affect title to the Property or
hinder, delay or prevent any other sale, lease or other
transaction involving the Property (any and all of which actions
by Buyer shall be null and void), unless: it has paid the First
Payment, deposited the balance of the Second Payment for the
Purchase Price into escrow, performed all of its other
obligations and satisfied all conditions under this Agreement,
and unconditionally notified Seller that it stands ready to
tender full performance, purchase the Property and close escrow
as per this Agreement, regardless of any alleged default or
misconduct by Seller. Provided, however, that in no event shall
Seller be liable for any actual, punitive, consequential or
speculative damages arising out of any default by Seller
hereunder.
15. BUYER'S REPRESENTATIONS AND WARRANTIES.
a. Buyer represents and warrants to Seller as follows:
(i) In addition to the acts and deeds recited herein and
contemplated to be performed, executed, and delivered by
Buyer, Buyer shall perform, execute and deliver or cause to
be performed, executed, and delivered at the Closing or
after the Closing, any and all further acts, deeds and
assurances as Seller or the Title Company may require and be
reasonable in order to consummate the transactions
contemplated herein.
(ii) Buyer has all requisite power and authority to
consummate the transaction contemplated by this Agreement
and has by proper proceedings duly authorized the execution
and delivery of this Agreement and the consummation of the
transaction contemplated hereby.
(iii) To Buyer's knowledge, neither the execution and
delivery of this Agreement nor the consummation of the
transaction contemplated hereby will violate or be in
conflict with (a) any applicable provisions of law, (b) any
order of any court or other agency of government having
jurisdiction hereof, or (c) any agreement or instrument to
which Buyer is a party or by which Buyer is bound.
16. DAMAGES, DESTRUCTION AND EMINENT DOMAIN.
(a) If, prior to closing, the Property or any part thereof
be destroyed or further damaged by fire, the elements, or
any cause, due to events occurring subsequent to the date of
this Agreement to the extent that the cost of repair exceeds
$10,000.00, this Agreement shall become null and void, at
Buyer's option exercised, if at all, by written notice to
Seller within ten (10) days after Buyer has received written
notice from Seller of said destruction or damage. Seller,
however, shall have the right to adjust or settle any
insured loss until (i) all contingencies set forth in
Paragraph 6 hereof have been satisfied, or waived; and (ii)
any ten-day period provided for above in this Subparagraph
16a for Buyer to elect to terminate this Agreement has
expired or Buyer has, by written notice to Seller, waived
Buyer's right to terminate this Agreement. If Buyer elects
to proceed and to consummate the purchase despite said
damage or destruction, there shall be no reduction in or
abatement of the purchase price, and Seller shall assign to
Buyer the Seller's right, title, and interest in and to all
insurance proceeds (pro-rata in relation to the Property)
resulting from said damage or destruction to the extent that
the same are payable with respect to damage to the Property,
subject to rights of any Tenant of the Property.
If the cost of repair is less than $10,000.00, Buyer shall
be obligated to otherwise perform hereinunder with no
adjustment to the Purchase Price, reduction or abatement,
and Seller shall assign Seller's right, title and interest
in and to all insurance proceeds pro-rata in relation to the
Property, subject to rights of any Tenant of the Property.
(b) If, prior to closing, the Property, or any part
thereof, is taken by eminent domain, this Agreement shall
become null and void, at Buyer's option. If Buyer elects to
proceed and to consummate the purchase despite said taking,
there shall be no reduction in, or abatement of, the
purchase price, and Seller shall assign to Buyer the
Seller's right, title, and interest in and to any award
made, or to be made, in the condemnation proceeding pro-rata
in relation to the Property, subject to rights of any Tenant
of the Property.
In the event that this Agreement is terminated by Buyer as
provided above in Subparagraph 16a or 16b, the First Payment
shall be immediately returned to Buyer (after execution by Buyer
of such documents reasonably requested by Seller to evidence the
termination hereof.)
17. BUYER'S 1031 TAX FREE EXCHANGE.
While Seller acknowledges that Buyer is purchasing the
Property as "replacement property" to accomplish a tax free
exchange, Buyer acknowledges that Seller has made no
representations, warranties, or agreements to Buyer or Buyer's
agents that the transaction contemplated by the Agreement will
qualify for such tax treatment, nor has there been any reliance
thereon by Buyer respecting the legal or tax implications of the
transactions contemplated hereby. Buyer further represents that
it has sought and obtained such third party advice and counsel as
it deems necessary in regards to the tax implications of this
transaction.
Buyer wishes to novate/assign the ownership rights and
interest of this Purchase Agreement to Georgia Property Exchange
Group, Inc., a tax free exchange intermediary who will act as
Accommodator to perfect the 1031 exchange by preparing an
agreement of exchange of Real Property whereby Georgia Property
Exchange Group, Inc., a tax free exchange intermediary will be an
independent third party purchasing the ownership interest in
subject property from Seller and selling the ownership interest
in subject property to Buyer under the same terms and conditions
as documented in this Purchase Agreement. Buyer asks the Seller,
and Seller agrees to cooperate in the perfection of such an
exchange if at no additional cost or expense to Seller or delay
in time. Buyer hereby indemnifies and holds Seller harmless from
any claims and/or actions resulting from said exchange. Pursuant
to the direction of Georgia Property Exchange Group, Inc., a tax
free exchange intermediary, Seller will deed the property to
Buyer.
18. CANCELLATION.
If any party elects to cancel this Agreement because of any
breach by another party or because escrow fails to close by the
agreed date, the party electing to cancel shall deliver to escrow
agent a notice containing the address of the party in breach and
stating that this Agreement shall be cancelled unless the breach
is cured within 13 days following the delivery of the notice to
the escrow agent. Within three days after receipt of such
notice, the escrow agent shall send it by United States Mail to
the party in breach at the address contained in the Notice and no
further notice shall be required. If the breach is not cured
within the 13 days following the delivery of the notice to the
escrow agent, this Agreement shall be cancelled.
19. MISCELLANEOUS.
(a) This Agreement may be amended only by written agreement
signed by both Seller and Buyer, and all waivers must be in
writing and signed by the waiving party. Time is of the
essence. This Agreement will not be construed for or
against a party whether or not that party has drafted this
Agreement. If there is any action or proceeding between the
parties relating to this Agreement the prevailing party will
be entitled to recover attorney's fees and costs. This is
an integrated agreement containing all agreements of the
parties about the Property and the other matters described,
and it supersedes any other agreements or understandings.
Exhibits attached to this Agreement are incorporated into
this Agreement.
(b) If this escrow has not closed by April 11, 2003 through
no fault of Seller, Seller may either, at its election,
extend the closing date or exercise any remedy available to
it by law, including terminating this Agreement.
(c) Funds to be deposited or paid by Buyer must be good and
clear funds in the form of cash, cashier's checks or wire
transfers.
(d) All notices from either of the parties hereto to the
other shall be in writing and shall be considered to have
been duly given or served if sent by first class certified
mail, return receipt requested, postage prepaid, or by a
nationally recognized courier service guaranteeing overnight
delivery to the party at his or its address set forth below,
or to such other address as such party may hereafter
designate by written notice to the other party.
If to Seller:
AEI Net Lease Income & Growth Fund XIX Limited Partnership
00 Xxxx Xxxxxxx Xxxxxx, Xxxxx 0000
Xx. Xxxx, XX 00000
If to Buyer:
Big G of Athens, Inc.
X.X. Xxx 000
Xxxxxxxxxxx, Xxxxxxx 00000-0000
When accepted, this offer will be a binding agreement for
valid and sufficient consideration which will bind and benefit
Buyer, Seller and their respective successors and assigns. Buyer
is submitting this offer by signing a copy of this offer and
delivering it to Seller. Seller has five (5) business days from
receipt within which to accept this offer.
This Agreement shall be governed by, and interpreted in
accordance with, the laws of the state of Georgia.
IN WITNESS WHEREOF, the Seller and Buyer have executed this
Agreement effective as of the day and year above first written.
BUYER: Big G of Athens, Inc.
By: /s/ Xxxx Xxxxx, President
Xxxx Xxxxx, President
SELLER: AEI Net Lease Income & Growth Fund XIX Limited
Partnership, a Minnesota limited partnership
By: AEI Fund Management XIX, Inc., a Minnesota corporation,
its corporate general partner
By: /s/ Xxxxxx X. Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
EXHIBIT "A"
All that tract or parcel of land lying and being in
Land Xxx 000 xx xxx 0 xx Xxxx Xxxxxxxx, Xxxx of Gainesville,
Hall County, Georgia, said tract or parcel being more
particularly described as follows.
To find the Point of Beginning Commence of the
intersection of the southerly right-of-way line of Georgia
Sate Route 53 (r/w varies) and the easterly right-of-way
line of Relocated Green Hill Circle (r/w varies), if said
right-of-way lines were extended to form a point instead of
a meter.
THENCE South 48 degrees 54 minutes 00 seconds East for
a distance of 23.66 feet along the extension of the
southerly right-of-way line of Georgia State Route 53 to an
iron pin set at the intersection of the southerly right-of-
way line of Relocated Green Hill Circle, said iron pin set
being the Point of Beginning.
THENCE South 48 degrees 54 minutes 00 seconds West for
a distance of 223.00 feet along the southerly right-of-way
line of Georgia State Route 53 to an iron pin set at the
northwesterly corner of Lot 2.
THENCE South 48 degrees 54 minutes 00 seconds West for
a distance of 60 feet leaving the southerly right-of-way
line of Georgia State Route 53 and along the westerly line
of Lot 2 to an iron pin set.
THENCE North 48 degrees 06 minutes 00 seconds West for
a distance of 20.50 feet along the westerly line of Lot 2 to
an iron pin set.
THENCE South 41 degrees 06 minutes 00 seconds West for
a distance of 136.48 feet along the westerly line of Lot 2
to an iron pin set.
THENCE North 48 degrees 54 minutes 00 seconds West for
a distance of 166.20 feet along the northerly line of a
Detention Pond to an iron pin set.
THENCE South 86 degrees 55 minutes 03 seconds West for
a distance of 40.85 feet along the northerly line of a
Detention Pond to an iron pin set on the easterly right-of-
way line of Relocated Green Hill Circle.
THENCE the following course and distances along the
easterly right-of-way line of Relocated Green Hill Circle to
the Point of Beginning.
Along a curve to the right having a radius of 260.00
feet and an arc length of 127.79 feet being sublended by a
chord of North 27 degrees 01 minutes 13 seconds East for a
distance of 126.51 feet to a hub and tac found.
THENCE North 41 degrees 03 minutes 05 seconds East for
a distance of 63.16 feet to a hub and tac found.
THENCE South 87 degrees 34 minutes 02 seconds East for
a distance of 30.54 feet to an iron pin set at the
intersection of the southerly right-of-way line of Georgia
State Route 53, said iron pin set being the Point of
Beginning.
Said tract contains 1.045 acres is depicted as "Lot 1" on the
Final Xxxx Xxxxx 0, Xxxxxxxxxxx Xxxxxx, recorded at Plat Slide
595, Page 39A, Hall County, Georgia records.
TOGETHER WITH easements appurtenant to the subject property
contained in that certain Declaration of Restrictive Covenants
and Grant of Easements by Xxxxxxxx Properties, Inc. dated
February 14, 1997, recorded in Deed Book 2806, Pages 218-239,
Hall County, Georgia records.
