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HomeMy WebLinkAbout2335 4~f11Vy " ' ~ CO\YE1'A\CE DEED TO TRUSTEE U\DER LA\D TRI;S~' AGRI•a:~tl•:NT ~ O THIS INDENTURE WITtiESSETH, 7•hat the Grantor WJA Realty Limited Partnership~a Massachusetts limited partnership, ~rf the County of Suffolk ,and State of Massachusetts for and in consideration .rf the sum of Ten Dollars and other good and valuahle considerations in hand paid, receipt of which is hereby acknowledged, hrreby conveys and warrants unto CITY NATIONAL BANK OF MIAMI, Miami, Florida, a national banking corporation 30 organized under the laws of the United States, and duly authorized to accep t and execute trusts within the State of I=lorida, as trustee under the provisions o c r : Trust Agreement, dated the 3rd da}• of January 19 Z2, ~7 and known as Trust number ~U0~~~1 ,whose address is Trust Dep~ rtment (ty 5003471 p•O• gux 013280, Miami, z Florida. 33101, the following described real estate in the county of ~t. Lue>_e ,and State of Florida. ?o-wit: Said real estate is further described in Schedule A attached hereto and incorporated herein by reference. _ _ , ~ ~ DOCUMENTARY ~ ' 4A SIJR YAX 7r O O, 5 5 - m ~ ~ r.ti3~ ![liirE TO 1IAVF. A1~D TO 1iOLD the said real estate with the appurtenances upon the trust anci [or the uses and purposes herein and in said Trust Agreement and Declaration of Trust set forth. Full power and authority is hereby granted to said Trustee to improve, protect and subclivicle said real estate or any part thereof, to dedicate parks, streets, highways or alleys and to vacate anp subciivision or part thereof and to resubdividc said real estate as often as desired, to contract to sell, to grant options to purchase, to sell on any terms, to convey either with. or without consideration, to convey said real estate or any part thereot to a successor or succesc,rs in trust and to Krant to such successor or ,uccessors in trust all of the lil(c, estslc, powers and authorities vested in said Trustee, to donate, to dedicate, to mortgage, pledge ur uther•vvise encumber said real estate or any part thereof, to lease said real estate or ar:y part thereof. from time to time, in possession or reversion, by leases to commence in praesenti or in futum, and upon any terms and for any period or periods of time not exceeding in the case of any single demise the term of 99 years. and to renew or extend leases and to amend, change c,r modify leases and the terms and provisions thereof, to contract to make leases and to grant options to lease and options to renew leases and options to purchase the whole or any part of the reversion and to contract rc•spectint± the manner of fixing the :~rnciunt of prnsent or future rcrdals, to•partition or cxchanpe said real estate or any n::rt thcmof fnr other real ur persona! prop- erty, to grant casements or charges of any kind, to release, convey or as_si};n any right, title or interest in or about said real estate or any pari thereof, and to deal with said real estate and every part thereof in all other ways and fnr such ot~rer considerations as it would be lawful for any person owning the same to deal with the s:m?e, ~t~hcther similar to or different from the ways above specified, at any time or times hereafter. In no case shall any party dealing Keith said Trustee in relation to said real estate or to wham said real estate or any part thereof shall be conveyed, contracted to be sold, leased or mortRa,^,ed by said Trustre, be ublitied to sec to the application of any purchase money, rent, or money borrowed or advanced an said premises. ur be obliged to see that the terms of this trust have t;c•en complied with, or be obliged to inyuire into the necessity or expediency of any act of said Trustee, or be obliged or privileged to inyuire into any of the terms of said Trust Agreement or lleclaratiun of Trust; and every decd, trust deed, mortgage, lease or other instrument executed by said Trustee in relation to said real estate stall he conclusive evidence in favor of every person rely- in;; ulwn or claiming under any such conveyance, lease or other instrument (a} that at the time c,f the delivery thereot the trust f created by this Indenture and by said Trust Agreement and Declaration c,t 7'r,cst vas in full force and effect, (b) that such con- E ~•cyance or other instrument was executed in accordance with the trusts, conditions and Ittnitations contained in this Indenture € and in said Trust Agreement and Declaration of Trust and binding up„n all beneficiaries thereunder, (c) that said Trustee was duly authorized and empowered to sxecute and deliver every such deect• trust decd, Icase, mortgage or other instrument, and (d) 1 if the conveyance is made to a successor or successors in trust, that such successor or successors in trust have been properly ap- F pointed and are fully vested with all the title, estate, rights, powers. duties and obligations of the said predecessor in trust. - Any contract, obligation or indebtedness incurred or entered into try :he Trustee in connection with said real estate may be entered into by it in the name of the then beneficiaries under said Trust Agreement and Declaration of Trust, as their attorney in fact, hereby irrnvocably appointed for such purpose. or, at theelection of said Trustee, in its own name as Trustee of an express trust and not individually. and the Trustee shall have no obligation a•hatsocver with respect to any such contract, obligation or indebtedness except only so far as the trust property and funds~in the actual possession of the Trustee shall be a~plicahle for the payment and discharge thereof, and all persons and corporations whomsoever and whatsoever shall be charged with notice of this s condition from the date of the tiling for record of this Deed. The interest of each and every beneficiary hereunder and under the Trust Agreement and Declaration of Trust hereinbefore ~ referred to and of all persons claiming under them or any of them shall be only in the earnings, avails and proceeds arising from 3 the sale or other disposition of said real estate. 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 real estate as such but only an interest in the earnings, avails and proceeds thereof as aforesaid. ~ And the Grantor fully warrant the title to said real estate and will defend the same against the lawful claims of all i persons whomsoever. Ir «ITAESS KIIEKEOF the Gr:.ntor aforesaid ham hereunto set ltS hand .and seal this 1 1 i-h day of January 1979 t Signed, Sealed and Delivered in our Presence: WJ R lty Limited Partnership - ~toger Wheeler, Jr, ~ ~ Gener Partner ~ ~ - - t~I) t ~ . (Seal) 1-,~ ~ R 3U1 ; - _ - -