Loading...
HomeMy WebLinkAbout1860 ~ . . . • by the svm of $50,000.00 over the amount which appears as~ his~capital contribution in Article "6(A)" hereof with the s.ame force and effect as though he had actually contributed an additional $54,000.00. Accordingly, the distributions called for in "(xl" through "(v)" of this Article "i" shall be in the -ratio of 6/7ths to EDWARD A. KIMbiEL and 1/7th to JULIUS D. SMOLEN. - JULIUS D. SMOLEN shal.l have no participation in cash flow for any period prior to the date on which he made his capital contribution. 8. Renresentations and taarranties. The General Partner represents and warrants . - as follows : . (A) That the Partnership is the beneficial owner of the fee title to the Property, legal title to - which i~ u~I3 hy RIt?C~ FORT ~IERCE, INC., as nominee; that the Property is owned free and clear of all liens and encum- ti ~ brances other than those set forth on Exhibit "A" annexed hereto and *_^~a~ a part hereof . (B) That simultan~ously with the execution of ~ this agreement that it will cause RIt~CO FORT PIERCE, INC. ~ to convey the Project to the Partnership,•subject only to I ~ ~ the liens and encu.-nbrances set forth on Exhibit "A", and will obtain ~a title insurance policy at its osvn cost and ~ A'+ ~~~s ~ e~cpense for the Partnership in the sw~ of $ , so insuring title. . (C} That Schedule "B" hereto annexed and made a part hereof contains a full and co:nplete list of ~ all outstanding leases k•ith res~ect to the Property to- ~ ~ ~ gether with rentals being actually and currently collected in connection the~ewith and that no tenant has been granted ' any allowa-nce or concession in connection with such rentals 12. _ 8001t~~~ PACE~BV~ . . . . - • - - . _ . . - - - ~ . ~ , . _ . - - - - . . ~ ~ ~ _ . - - - - _ ~ _ _ . ~~._N°.~.v.~