Common use of DESCRIPTION OF THE LAND Clause in Contracts

DESCRIPTION OF THE LAND. Premises located in the Borough and County of Bronx, City and State of New York, having a tax map designation of Block 2598, Lots 46, 74 and 86 more particularly described as follows: PARCEL A (Block 2598, Lot 46) All that certain plot, piece or parcel of land, situate, lying and being in the Borough and County of Bronx, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of East ▇▇▇▇▇ ▇▇▇▇▇▇ and the easterly side of Walnut Avenue; Running thence northerly, along the easterly side of Walnut Avenue, 200 feet to the corner formed by the intersection of the easterly side of Walnut Avenue and the southerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; Thence easterly, along the southerly side of East 140th Street, 350 feet to the corner formed by the intersection of the southerly side of East ▇▇▇▇▇ ▇▇▇▇▇▇ and the westerly side of Locust Avenue; Thence southerly, along the westerly side of Locust Avenue, 200 feet to the corner formed by the intersection of the westerly side of Locust Avenue and the northerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; Thence westerly, along the northerly side of East 139th Street, 350 feet to the corner formed by the intersection of the northerly side of East ▇▇▇▇▇ ▇▇▇▇▇▇ and the easterly side of Walnut Avenue, at the point or place of BEGINNING. PARCELS B AND C (Block 2598, Lots 74 and 86) All that certain plot, piece or parcel of land, situate, lying and being in the 23rd ▇▇▇▇ of the City of New York, Borough and County of Bronx and State of New York, known and designated as lot numbers 34, 35, 80 and 81 on a map entitled “Map of Wilton, Port ▇▇▇▇▇▇ and East Morrisania, in the Town of Morrisania, County of Westchester, New York” surveyed by ▇.▇. ▇▇▇▇▇▇▇▇, Civil Engineer, New York, July 12, 1857 and filed September 29, 1857 in the Office of the Register, County of Westchester, New York, as Map No. 31, said lots, when taken together, are bounded and described as follows: BEGINNING at a point on the southerly side of East 141st Street, distant 100 feet westerly from the corner formed by the intersection of the southerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ with the westerly side of Locust Avenue; Running thence southerly, parallel with Locust Avenue, 200 feet to the northerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; Thence westerly, along the northerly side of East 140th Street, 50 feet; Thence northerly, parallel with Locust Avenue, 200 feet to the southerly side of East 141st Street; Thence easterly, along the southerly side of East 141st Street, 50 feet to the point or place of BEGINNING. POSSESSION DATE AGREEMENT, dated as of the day of , , between 295 LOCUST ASSOCIATES LLC, a New York limited liability company (“Landlord”) and ▇▇▇▇▇ ELECTRIC VEHICLES CORP., a Delaware corporation (“Tenant”).

DESCRIPTION OF THE LAND. Premises located The condominium unit known as Unit No. C2 in the Borough and County building designated as The Hit Factory Condominium, located at 4▇▇-▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, in the declaration establishing a plan for condominium ownership of Bronx, City and State said premises under Article 9-B of the real property law of the state of New YorkYork (the “New York Condominium Act”), having a dated December 18, 2006 and recorded in the Office of the Register of New York County (the “Register’s Office”) on January 18, 2007 in CRFN 2007000035128, as amended by First Amendment to Declaration of Condominium dated as of September 19, 2007 recorded October 4, 2007 in CRFN 2007000507368, and also designated as Tax Lot 1102 in Block 1064 of the borough of Manhattan on the tax map designation of Block 2598the Real Property Assessment Department of the City of New York and on the floor plans of said building, Lots 46certified by A▇▇▇▇ ▇▇▇▇▇ Architect, 74 P.C., Architect, on January 18, 2007, and 86 filed with the Real Property Assessment Department of The City of New York as Condominium Plan No. 1642, and also filed in the City Register’s Office on January 18, 2007, as Map No. CRFN 2007000035129. Together with an undivided 17.173% interest in the common elements. The premises within which such condominium unit is located are more particularly described as follows: PARCEL A (Block 2598, Lot 46) All that certain plot, piece or parcel of land, situate, lying and being in the Borough and of Manhattan, City, County of Bronx, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of a point on the northerly side of East ▇▇▇▇▇ ▇▇▇▇▇▇ and the easterly side of Walnut Avenue; Running thence northerly, along the easterly side of Walnut Avenue, 200 feet to the corner formed by the intersection of the easterly side of Walnut Avenue and the southerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; Thence easterly, along the southerly side of East 140th 54th Street, 350 distant 300 feet to the corner formed by the intersection of the southerly side of East ▇▇▇▇▇ ▇▇▇▇▇▇ and the westerly side of Locust Avenue; Thence southerly, along the westerly side of Locust Avenue, 200 feet to from the corner formed by the intersection of the westerly side of Locust Ninth Avenue and with the northerly side of 5▇▇▇ ▇▇▇▇▇▇; RUNNING THENCE northerly parallel with Ninth Avenue, 100 feet 5 inches to the center line of the block between 54th and 5▇▇▇ ▇▇▇▇▇▇; THENCE westerly along said center line of the block, 125 feet; THENCE southerly again parallel with Ninth Avenue, 100 feet 5 inches to the northerly side of 5▇▇▇ ▇▇▇▇▇▇; and THENCE easterly along the northerly side of 54th Street, 125 feet to the point or place of BEGINNING. SAGAMORE 54TH ST. INVESTMENTS LLC AND 4▇▇-▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ 4▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ AGREEMENT made this _____ day of __________, 2014, by and among ___________ ("PURCHASER"), Sagamore 54th Investment LLC (“SPONSOR”), as sponsor to the offering plan for 4▇▇-▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ (“Plan”) and P▇▇▇▇▇ ▇▇▇▇▇▇; Thence westerly, along the northerly side of East 139th Street, 350 feet to the corner formed by the intersection of the northerly side of East ▇▇▇▇▇ ▇▇▇▇▇▇ and the easterly side of Walnut Avenue, at the point or place of BEGINNINGEsq. PARCELS B AND C (Block 2598, Lots 74 and 86) All that certain plot, piece or parcel of land, situate, lying and being in the 23rd ▇▇▇▇ of the City of New York, Borough and County of Bronx and State of New York, known and designated as lot numbers 34, 35, 80 and 81 on a map entitled “Map of Wilton, Port ▇▇▇▇▇▇ and East Morrisania, in the Town of Morrisania, County of Westchester, New York” surveyed by ▇.▇. ▇▇▇▇▇▇▇▇, Civil Engineer, New York, July 12, 1857 and filed September 29, 1857 in the Office of the Register, County of Westchester, New York, as Map No. 31, said lots, when taken together, are bounded and described as follows: BEGINNING at a point on the southerly side of East 141st Street, distant 100 feet westerly from the corner formed by the intersection of the southerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ with the westerly side of Locust Avenue; Running thence southerly, parallel with Locust Avenue, 200 feet to the northerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; Thence westerly, along the northerly side of East 140th Street, 50 feet; Thence northerly, parallel with Locust Avenue, 200 feet to the southerly side of East 141st Street; Thence easterly, along the southerly side of East 141st Street, 50 feet to the point or place of BEGINNING. POSSESSION DATE AGREEMENT, dated as of the day of , , between 295 LOCUST ASSOCIATES LLC, a New York limited liability company (“Landlord”) and ▇▇▇▇▇ ELECTRIC VEHICLES CORP., a Delaware corporation (“TenantESCROW AGENT”).

DESCRIPTION OF THE LAND. Premises located in the Borough and County of Bronx, City and State of New York, having a tax map designation of Block 2598, Lots 46, 74 and 86 more particularly described as follows: PARCEL A (Block 2598149, Lot 46103) All ALL that certain plot, plot piece or parcel of land, land situate, lying and being in the Borough and of Brooklyn, County of BronxKings, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of East ▇▇▇▇▇ ▇▇▇▇▇▇ and Dekalb Avenue with the easterly side of Walnut AvenueGold Street; Running thence northerlyRUNNING THENCE easterly, along the easterly side of Walnut AvenueGold Street, 200 114 feet to a point; RUNNING THENCE easterly, at right angles to the easterly side of Gold Street, 129.12 feet to the northwesterly side of Fleet Street RUNNING THENCE southwesterly, along the northwesterly side of Fleet Street, 132.02 feet to the corner formed by the intersection of the easterly northwesterly side of Walnut Avenue and the southerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; Thence easterly, along the southerly side of East 140th Fleet Street, 350 feet to the corner formed by the intersection of the southerly side of East ▇▇▇▇▇ ▇▇▇▇▇▇ and the westerly side of Locust Avenue; Thence southerly, along the westerly side of Locust Avenue, 200 feet to the corner formed by the intersection of the westerly side of Locust Avenue and with the northerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Dekalb Avenue; Thence RUNNING THENCE westerly, along the northerly side of East 139th Street, 350 feet to the corner formed by the intersection of the northerly side of East ▇▇▇▇▇ ▇▇▇▇▇▇ and the easterly side of Walnut Dekalb Avenue, at the point or place of BEGINNING. PARCELS B AND C (Block 2598, Lots 74 and 86) All that certain plot, piece or parcel of land, situate, lying and being in the 23rd ▇▇▇▇ of the City of New York, Borough and County of Bronx and State of New York, known and designated as lot numbers 34, 35, 80 and 81 on a map entitled “Map of Wilton, Port ▇▇▇▇▇▇ and East Morrisania, in the Town of Morrisania, County of Westchester, New York” surveyed by ▇.▇. ▇▇▇▇▇▇▇▇, Civil Engineer, New York, July 12, 1857 and filed September 29, 1857 in the Office of the Register, County of Westchester, New York, as Map No. 31, said lots, when taken together, are bounded and described as follows: BEGINNING at a point on the southerly side of East 141st Street, distant 100 feet westerly from the corner formed by the intersection of the southerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ with the westerly side of Locust Avenue; Running thence southerly, parallel with Locust Avenue, 200 feet to the northerly side of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; Thence westerly, along the northerly side of East 140th Street, 50 feet; Thence northerly, parallel with Locust Avenue, 200 feet to the southerly side of East 141st Street; Thence easterly, along the southerly side of East 141st Street, 50 63.76 feet to the point or place of BEGINNING. POSSESSION DATE AGREEMENTTHIS BOND SHALL NEVER CONSTITUTE A DEBT OR INDEBTEDNESS OF THE STATE OF NEW YORK OR OF THE CITY OF NEW YORK, dated as of the day of AND NEITHER THE STATE OF NEW YORK NOR THE CITY OF NEW YORK SHALL BE LIABLE HEREON, , between 295 LOCUST ASSOCIATES LLC, a New York limited liability company (“Landlord”) and NOR SHALL THIS BOND BE PAYABLE OUT OF ANY FUNDS OF THE NEW YORK CITY CAPITAL RESOURCE CORPORATION OTHER THAN THOSE PLEDGED THEREFOR Final Maturity Date: Registered Owner: Cede & Co. Principal Amount: $___________ Initial Adjustable Fixed Interest Rate: 7.25% Bond Number: R- CUSIP: ▇▇▇▇▇▇▇▇▇ ELECTRIC VEHICLES CORP.Promise to Pay. New York City Capital Resource Corporation, a Delaware local development corporation created pursuant to the Not-for-Profit Corporation Law of the State of New York at the direction of the Mayor of The City of New York (herein called the “TenantIssuer”), for value received, hereby promises to pay as hereinafter provided, solely from the loan payments, revenues and receipts derived from or in connection with the Facility hereinafter referred to as provided in the Indenture of Trust hereinafter referred to, to the Registered Holder identified above or registered assigns, upon presentation and surrender hereof, on the Final Maturity Date set forth above, the Principal Amount set forth above, and in like manner to pay interest at the applicable Adjustable Fixed Interest Rate on the unpaid principal balance hereof from the Bond Date hereof until the Issuer’s obligation with respect to the payment of such Principal Amount shall be discharged. Interest shall be payable at the Adjustable Fixed Interest Rate on the first day of February, May, August and November (or if such day is not a Business Day, the immediately succeeding Business Day) commencing on August 1, 2010 and terminating on the Final Maturity Date, unless this bond is sooner redeemed or paid or otherwise discharged. Such interest shall be computed on the basis of a 360-day year of twelve 30-day months. In no event shall the interest rate payable hereon exceed (the “Maximum Interest Rate”) the lesser of (i) twelve percent (12%) per annum or (ii) the maximum permitted by, or enforceable under, applicable law. This bond shall bear interest from the Bond Date indicated above, if authenticated prior to the first Interest Payment Date. If authenticated on or after the first Interest Payment Date, in exchange for or upon the registration of transfer of Bonds (as defined below), this bond shall bear interest from and including the Interest Payment Date next preceding the date of the authentication hereof, unless the date of such authentication shall be an Interest Payment Date to which interest hereon has been paid in full or duly provided for, in which case, this bond shall bear interest from and including such Interest Payment Date. If there shall occur an Event of Default (other than by reason of a failure to redeem the Bonds in whole if there shall have occurred a Determination of Taxability), the rate of interest on the Bonds shall be fifteen percent (15%) per annum commencing with the date of the occurrence of the Event of Default and any additional interest thereby due with respect to a period of time for which interest has already been paid shall be payable on the Interest Payment Date next following the Event of Default. Any former Bondholder who was a Bondholder commencing on or after the date of the occurrence of the Event of Default, but who subsequent to such date sold or otherwise disposed of its Bonds or whose Bonds were redeemed or matured, shall be entitled to receive from the Company under the Loan Agreement (as such terms are hereinafter defined) the following, in an amount allocable to such period during which it held the Bonds subsequent to the Event of Default and the date upon which the Bonds were sold, or otherwise disposed of, or redeemed or matured: the difference between the rate of interest borne by the Bonds prior to the Event of Default and the rate borne by the Bonds on and subsequent to such date. If there shall occur a Determination of Taxability, the rate of interest on the Bonds shall be thirteen per centum (13%) per annum commencing with the date of the Event of Taxability and any additional interest thereby due with respect to a period of time for which interest has already been paid shall be payable on the Interest Payment Date next following the Determination of Taxability. Any former Bondholder who was a Bondholder commencing on or after the date of the occurrence of an Event of Taxability, but who subsequent to such date sold or otherwise disposed of its Bonds or whose Bonds were redeemed or matured, shall be entitled to receive from the Company under the Loan Agreement the following, in an amount allocable to such period during which it held the Bonds subsequent to the Event of Taxability and the date upon which the Bonds were sold, or otherwise disposed of, or redeemed or matured: the difference between the rate of interest borne by the Bonds prior to the Event of Taxability and the rate borne by the Bonds on and subsequent to such date.