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89103812
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89103812
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Last modified
10/20/2011 5:52:55 AM
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10/20/2005 9:47:03 PM
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DEEDS
Inst Number
89103812
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89'' 103812 <br />other charges and expenses due and unpaid. Champlain Valley will <br />have the right to require that any reinstatement of the Note. and <br />Deed of Trust after default include payment by Teak of all <br />default interest Which, has accrued through the date of cure, plus <br />all attorneys* fees and costs incurred. None of the foregoing <br />shall impose any obligation or duty upon Champlain Valley to <br />offer, agree to or accept a reinstatement after default. <br />9. Teak shall furnish to Champlain Valley monthly <br />operatinq statement@ on the Property showing monthly income and <br />expenses for the previous month and cumulative for year to date. <br />In additt6n, within sixty (60) days from the and of each calendar <br />year, Tikak will supply Champlain Valley with annual review <br />statements` prepared by a certified public accountant of income <br />and expenses upon ;the Property. All monthly operating statements <br />AW annual review- Oatexents shall be certified by Teak as fair <br />and accurate statements of income and expense. <br />10- William Boy`s: Smith, President of Teak, shall <br />cOntemporanecusly : herewith execute and deliver to Champlgiae <br />Walley a separate.,.Guaranty Agreement guarantying payment of Six. <br />Hundred Fifty Thousand Dollars ($650,000.00) of the Modified <br />Principal plus a pro -rata share of contract interest, default <br />interest and late charges accruing thereon'. Any principal <br />reductions accruing by virtue of payments made-by Teak shall-'for <br />purposes of the ' Odaranty, be credited , only . against. the Modified. <br />Principal and shall not reduce the gVaraintied obligations of <br />William Boyd smith. <br />- iA. <br />Tweak - sbaii not charge, take or ' 'otherwise pay any <br />management fees: an the Property before July 1, 1991 and <br />thereafter only Upon such terms and conditions as are approved by <br />a plain "11-y - in writing. No,&wiLnGtt iltij"q the fartagoi;tg, iii <br />no event shall Teak pay any management fees from and after July <br />1, 1991 which are in excess of fair market rates paid in similar <br />arms - length transactions. <br />12. If at any t during the term of the Note and Deed of <br />Trust, as modified:,,.. ;or. 'at any time following a declaration of <br />default or the 6cscvatrrence and passage of the due date, Teak; ' <br />William Boyd SmitD, a <br />Real Estate of North America, Inc., or ny <br />other entity related to any of the foregoing by ownership of any <br />direct or indirect,'. beneficial interests in such entity, sells or <br />conveys any interest in the Property, or a refinance of the loan <br />closes, Champlain Valley shall be paid the sum of the Partial <br />Principal balance (less principal previously paid) and all <br />accrued interest and other charges plus.-.the first Twenty -Five <br />Thousand Dollars .($25,000.00) of net proceeds- in excess of.' the <br />then existing Partial Principal balance -and accrued interest and <br />other charges. Teak or "the then owner of the property shall <br />receive the next Twenty -Five Thousand Dollars ($25,000.:00) of net <br />proceeds and the balance thereof, if any, shall be paid seventy- <br />- 4 - <br />
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