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- 'I+HIRD: If at any time the Surviving Corporation shall consider or be advised that any further
assignments, conveyances or assurances in law are necessary or desirable to vest, perfect or confirm
- of record in the Surviving Corporation the title to any property or rights of either of the other
Constituent Parties, or otherwise to carry out the provisions hereof, the proper officers and Trustees i
of such Constituent Parties (which, in the case of IRT and Summit, respectively, shall be those
persons still living and available who were the proper officers and Trustees thereaf immediately
' prior to the Effective Date of the Merger) shall execute and deliver any and all proper deeds,
assignments and assurances in law, and do all things necessary or proper to vest, perfect or confirm
title to such property or rights is the Surviving Corporation and otherwise to carry out the
provisions hereof.
FOURTH: The Merger Plan shall be construed, and the rights of the parties hereto determined, in
accordance with: the laws of the State of Georgia. The headings in this Merger Plan are intended
solely for convenience of reference and shall be given no effect in the construction or interpretation
of this Merger Plan. This 11rlerger Plan may be executed in two or more counterparts, each of -
which shall be deemed an original but all of which shall constitute the same agreement.
L-r'C_ TsT: '_Tti.o n~..,pc ~~C_~~mmit Arn~ar4;PC" or "Summit" and the names "Investors Realty Trust"
or "IRT" refer to the Trustees, respectively, under the Declarations of Trust referred to in the
' preamble to this Agreement, as trustees, but not as individuals or personally. This Merger Plan
has been executed by Trustees of .the two trusts in their representative capacities under their
respective Declarations of Trust and not individually. This Merger Plan shall -bind only .the trust
estates of the respective trusts (as provided in such Declarations of Trust) . No Trustee, shareholder,
officer, employee, representative or agent of either trust shall be bound or held to any personal
liability in connection with the respective obligations of such trusts or their trustees or officers
hereunder, nor shall resort be had to their private property for the satisfaction of any obligation
' hereunder or in connection with the affairs of either trust, but the respective trust estates only
shall be responsible for the payment of any claim hereunder or for the performance hereof.
~ IN WITNESS WHEREOF, each of the parties hereto has caused this Merger Plea to be signed .
under seal by its officers thereunto duly authorized. - .
Ixvlrsroas R~.rY Tavsr
President
Attest:
By:
Secretary
S Pxor>~s
~i~
Chairman
Attest:
gy. 3
ci'~%~~
Secretary ~ ~
IIt~T Paornmr Co~srnx~r
President
Attest:
By: ~ ~ i9t9 aU6 I O AM I~ 11 w
Secretary
8 S
RLO~GEt~ R C RA OA.
- CLERK CIRCUIT T
RECCRO YERiF1E0
454535
- 8314 p~E1~'3