THIS DEED We hereby certify the within to be a
true and correct copy of the original document.
By /s/ [graphic of signature]
--------------------------------------
THIS DEED
MADE the 16th day of March, 2004
BETWEEN TOWNFAIR CENTER ASSOCIATES, a Pennsylvania general partnership
having an address at c/o ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Development Corporation, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇
▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ("Grantor"),
AND
CEDAR TOWNFAIR, LLC, a Delaware limited liability company having an
address at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ("Grantee"),
WITNESSETH, that in consideration of $13,006,690 paid by Grantee, the
receipt of which is hereby acknowledged, Grantor hereby grants and conveys to
Grantee the following:
ALL that certain piece, parcel or lot of land located in White
Township, Indiana County, Pennsylvania, more particularly identified and
described on Exhibit A attached hereto (the "Property").
TOGETHER WITH all and singular the buildings, improvements, ways,
streets, alleys, driveways, passages, waters, water-courses, rights, liberties,
privileges, hereditaments and appurtenances, whatsoever belonging to the
Property or in any way pertaining to the Property, and the reversions and
remainders, rents, issues, and profits thereof; and all the estate, right,
title, interest, property, claim and demand whatsoever of Grantor, as well at
law as in equity, of, in, and to the same.
TOGETHER WITH all of Grantor's rights and interests as Declarant under
that certain Declaration of Reciprocal Easements, Covenants, and Restrictions
made by Townfair Center Associates dated September 28, 1995, and recorded in
Deed Book Volume 1072, Page 106; as amended by Amended and Restated Declaration
of Reciprocal Easements, Covenants and Restrictions made by Townfair Center
Associates and Townfair Center Associates, Phase III dated September 4, 2003,
and recorded in Record Book Volume 1326, Page 204.
UNDER AND SUBJECT TO all prior instruments of record.
with the appurtenances: To Have and To Hold the same to and for the use of
Grantee, its successors and assigns forever, and Grantor, for its successors
and assigns, hereby covenants and agrees that it will WARRANT SPECIALLY the
Property hereby conveyed.
NOTICE - THIS DOCUMENT MAY NOT/DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR
INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND
DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY
HAVE/HAVE, THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT
CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,
BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND, THE INCLUSION OF THIS NOTICE
DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE
CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. [This notice is
set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L.
984, as amended, and is not intended as notice of unrecorded instruments, if
any.]
IN WITNESS WHEREOF, Grantor has signed and sealed this Deed on the day
and year first above written.
TOWNFAIR CENTER ASSOCIATES,
a Pennsylvania general partnership
By: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Limited Partnership #2,
a Pennsylvania limited partnership,
General Partner
Attest: By: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Development Corporation,
a Pennsylvania corporation,
General Partner
/s/ [graphic of signature] By: /s/ ▇▇▇ ▇. ▇▇▇▇▇▇▇▇
------------------------------------
▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Vice President
Attest: By: ▇. ▇. ▇▇▇▇ Incorporated,
a Pennsylvania corporation,
General Partner
/s/ [graphic of signature] By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
------------------------------------
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇,
Executive Vice President
2
NOTICE THE UNDERSIGNED, AS EVIDENCED BY THE SIGNATURE TO THIS NOTICE AND THE
ACCEPTANCE AND RECORDING OF THIS DEED, IS FULLY COGNIZANT OF THE FACT THAT THE
UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGAINST SUBSIDENCE, AS
TO THE PROPERTY HEREIN CONVEYED, RESULTING FROM COAL MINING OPERATIONS AND THAT
THE PURCHASED PROPERTY, HEREIN CONVEYED, MAY BE PROTECTED FROM DAMAGE DUE TO
MINE SUBSIDENCE BY A PRIVATE CONTRACT WITH THE OWNERS OF THE ECONOMIC INTEREST
IN THE COAL. THIS NOTICE IS INSERTED HEREIN TO COMPLY WITH THE BITUMINOUS MINE
SUBSIDENCE AND LAND CONSERVATION ACT OF 1966, AS AMENDED 1980, OCT. 10, ▇.▇.
▇▇▇, ▇▇. ▇▇▇ ▇▇.▇.
CEDAR TOWNFAIR, LLC
a Delaware limited liability company
By: Cedar Shopping Centers Partnership, L.P.,
a Delaware limited partnership, Member
By: Cedar Shopping Centers, Inc.
a Maryland corporation, General Partner
By: /s/ ▇▇▇ ▇. ▇▇▇▇▇▇
-----------------------------------
▇▇▇ ▇. ▇▇▇▇▇▇, President
CERTIFICATE OF RESIDENCE
I hereby certify that Grantee's precise residence is ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇.
/s/ [graphic of signature]
-----------------------------------
Attorney or Agent for Grantee
3
Commonwealth of Pennsylvania )
) ss.
County of Allegheny )
On this, the 17th day of March, 2004, before me, the undersigned
officer, personally appeared ▇▇▇ ▇. ▇▇▇▇▇▇▇▇, who acknowledged himself to be the
Vice President of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Development Corporation, a Pennsylvania
corporation and the General Partner of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Limited Partnership #2, a
Pennsylvania limited partnership and a General Partner of Townfair Center
Associates, a Pennsylvania general partnership, and that he as such officer,
being authorized to do so, executed the foregoing instrument for the purpose
therein contained by signing the name of the corporation by himself as such
officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
-----------------------------------
Notary Public
COMMONWEALTH OF PENNSYLVANIA
My Commission Expires: [graphic omitted]
Commonwealth of Pennsylvania )
) ss.
County of Allegheny )
On this, the 16th day of March, 2004, before me, the undersigned
officer, personally appeared ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, who acknowledged himself to be
the Executive Vice President of ▇. ▇. ▇▇▇▇ Incorporated, a Pennsylvania
corporation and a General Partner of Townfair Center Associates, a Pennsylvania
general partnership, and that he as such officer, being authorized to do so,
executed the foregoing instrument for the purpose therein contained by signing
the name of the corporation by himself as such officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
-----------------------------------
Notary Public
My Commission Expires: July 30, 2006
-------------------------------------------
Notarial Seal
▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Notary Public
West Mifflin Boro, Alleghany County
My Commission Expires July 30, 2006
-------------------------------------------
Member Pennsylvania Association Of Notaries
4
Exhibit A
All those certain lots or parcels of land situate in White Township,
Indiana County, Pennsylvania identified as ▇▇▇ ▇, ▇▇▇ ▇ ▇▇▇ ▇▇▇▇▇▇ ▇-▇ shown on
Townfair Plan No. 1 recorded in Plan Book Volume 5, page 216; and Lot
4A-Revised, ▇▇▇ ▇▇-▇ ▇▇▇ ▇▇▇ ▇▇-▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇ recorded in Plan
Book Volume 7, page 89; together bounded and described as follows:
Beginning at a point on the westerly right of way line of Woodridge
Lane, 50.00 feet wide, at the line dividing ▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇ ▇▇. ▇ as recorded in the Office of the Recorder of Deeds of Indiana
County, Pennsylvania, in Plan Book Volume 6, Page 151; thence from said point
of beginning by the line dividing ▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇
the following six (6) courses and distances:
N 84(degree) 19' 30" W a distance of 79.12 feet;
N 66(degree) 43' 51" W a distance of 103.04 feet;
S 83(degree) 09' 40" W a distance of 89.49 feet;
S 60(degree) 48' 33" W a distance of 315.89 feet;
S 53(degree) 22' 57" W a distance of 103.15 feet;
S 36(degree) 47' 14" W a distance of 41.79 feet to a point.
Thence by the line dividing Lot 4A from Lot 4B and Lot 4D in said
Townfair Plan No. 2, S 60(degree) 18' 41" W a distance of 59.66 feet to a
point; thence by the line dividing ▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇.
▇, S 50(degree) 12' 16" W a distance of 95.33 feet; thence continuing by same S
37(degree) 01' 31" W a distance of 32.69 feet to a point on the easterly right
of way line of ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇▇, variable width; thence
by the easterly right of way line of said Ben Franklin Road the following six
(6) courses and distances:
N 24(degree) 25' 00" W a distance of 130.66 feet;
N 55(degree) 22' 50" W a distance of 29.15 feet;
N 24(degree) 25' 00" W a distance of 133.43 feet;
N 27(degree) 35' 22" W a distance of 46.74 feet;
N 21(degree) 51' 18" W a distance of 169.75 feet;
N 24(degree) 25' 00" W a distance of 11.89 feet to a point on the line
dividing ▇▇▇ ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇ and Lot 3 in the Townfair Plan No. 1
as recorded in the Office of the Recorder of Deeds of Indiana County,
Pennsylvania, in Plan Book Volume 5, Page 216; thence by the line dividing ▇▇▇
▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇ and ▇▇▇ ▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇,
▇ 60(degree) 41' 56" E a distance of 149.94 feet to a point on the line dividing
▇▇▇ ▇ ▇▇▇ ▇▇▇ ▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇; thence by the line dividing Lot-3
and Lot 1 the following eight (8) courses and distances:
N 29(degree) 34' 47" W a distance of 96.95 feet;
N 30(degree) 38' 03" W a distance of 147.34 feet;
N 48(degree) 30' 41" W a distance of 15.35 feet;
N 85(degree) 19' 12" W a distance of 16.22 feet;
S 60(degree) 40' 35" W a distance of 30.39 feet;
S 41(degree) 30' 57" W a distance of 34.66 feet;
S 31(degree) 32' 07" W a distance of 34.96 feet;
S 21(degree) 36' 38" W a distance of 13.82 feet to a point on the
easterly right of way line of said Ben Franklin Road.
Thence by the easterly right of way line of said Ben Franklin Road the
following five (5) courses and distances:
in a northwesterly direction by a curve bearing to the left having a
radius of 766.78 feet through an arc distance of 122.83 feet;
S 52(degree)43' 16" W a distance of 5.00 feet;
in a northwesterly direction by a curve bearing to the left having a
radius of 761.78 feet through an arc distance of 38.67 feet to a point of
tangency;
N 40(degree)12' 00" W a distance of 174.85 feet to a point of
curvature;
in a northwesterly direction by a curve bearing to the right having a
radius of 774.02 feet through an arc distance of 157.74 feet to a point on the
line dividing ▇▇▇ ▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇ from lands now or formerly of
Hampton Court Associates.
Thence by the line dividing ▇▇▇ ▇ ▇▇▇ ▇▇▇ ▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇.
▇ from lands now or formerly of Hampton Court Associates N 55(degree) 00' 00" E
a distance of 966.14 feet to a point on the line dividing ▇▇▇ ▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇ ▇▇. ▇ and lands now or formerly of L M C Enterprises, Inc.; thence by the
line dividing ▇▇▇ ▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇ and ▇▇▇ ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇
▇▇. ▇ from lands now or formerly of L M C Enterprises, Inc. S 29(degree) 15' 00"
E a distance of 1,172.00 feet to a point on the line dividing Parcel A-l in said
Townfair Plan No. 2 and lands now or formerly of L M C Enterprises, Inc.; thence
by the line dividing Parcel A-l in said Townfair Plan No. 2 and lands now or
formerly of L M C Enterprises, Inc. N 62(degree) 01' 26" E a distance of 693.37
feet to a point on the line dividing Parcel A-l in said Townfair Plan No. 2 and
lands now or formerly of ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, et ux; thence by the
line dividing Parcel A-l in said Townfair Plan No. 2 and lands now or formerly
of ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, et ux, S 20(degree) 03' 39" E a distance of 112.14 feet to a
point on the line dividing Parcel A-l in said Townfair Plan No. 2 and the Klamar
Plan of Lots as recorded in the Office of the Recorder of Deeds of Indiana
County, Pennsylvania, in Deed Book Volume 491, Page 475; thence by the line
dividing Parcel A-1 in said Townfair Plan No. 2 and said Klamar Plan of Lots
following three (3) courses and distances:
S 68(degree) 13' 21" W a distance of 22.97 feet;
S 21(degree) 20' 39" E a distance of 39.21 feet;
S 32(degree) 07' 21" W a distance of 65.01 feet to a point.
Thence by the line dividing Parcel A-l in said Townfair Plan No. 2
from said Klamar Plan of Lots, the northerly terminus of Hickory Lane, 35.00
feet wide, Lot 12 in said Klamar Plan of Lots and lands now or formerly of
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ S 71(degree) 56' 21" W a distance of 338.00 feet to a
point on the line dividing Parcel A-l in said Townfair Plan No. 2 and lands now
or formerly of ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇; thence by the line dividing Parcel A-l in
said Townfair Plan No. 2 and lands now or formerly of ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇
S 12(degree) 03'.39" E a distance of 120.00 feet to a point; thence by the line
dividing Parcel A-l in said Townfair Plan No. 2 from lands now or formerly of
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ and lands now or formerly of ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. et
ux. S 03(degree) 16' 54" E a distance of 99.91 feet to a point on the line
dividing Parcel A-l in said Townfair Plan No. 2 and Lot 7 in said Klamar Plan
of Lots; thence by the line dividing Parcel A-l in said Townfair Plan No. 2 and
Lot 7 in said Klamar Plan of Lots S 89(degree) 34' 09" W a distance of 176.99
feet to a point on the cul-de-sac of the northerly terminus of said Woodridge
Lane; thence by the cul-de-sac of the northerly terminus of said Woodridge Lane
in a southerly direction by a curve bearing to the left having a radius of
50.00 feet through an arc distance of 172.10 feet to a point on the westerly
right of way line of said Woodridge Lane; thence by the westerly right of way
line of said Woodridge Lane S 05(degree) 40' 30" W a distance of 58.32 feet to
a point on the line dividing ▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇,
such point being the point of beginning.
