TO: HRT OF ROANOKE, INC.
FROM: PHYCOR, INC.
Guaranty
GUARANTY OF OBLIGATIONS
PURSUANT TO LEASE ADMINISTRATION AGREEMENT
The undersigned, PhyCor, Inc., a Tennessee corporation (Guarantor), as a
material and necessary inducement to HRT of Roanoke, Inc., a Virginia
corporation (HRT), to enter into a Lease Administration Agreement, dated
_______________, (the Agreement) with ▇▇▇▇▇-▇▇▇▇ Clinic, L.L.C., a Virginia
limited liability company corporation (▇▇▇▇▇-▇▇▇▇), affecting ancillary hospital
facilities and physicians' clinics commonly known as ▇▇▇▇▇-▇▇▇▇ Clinic on
several properties located and described on Exhibits A (the Properties), hereby
represents, warrants, covenants and agrees as follows:
I. Guarantor hereby irrevocably guarantees to HRT the payment when due of
all rents and all other sums payable by ▇▇▇▇▇-▇▇▇▇ under the Agreement and the
faithful and prompt performance when due of each and every one of the terms,
conditions and covenants to be kept and performed by ▇▇▇▇▇-▇▇▇▇ under the
Agreement, and any and all amendments, extensions and renewals of the Agreement;
provided, however, Guarantor shall have no liability or any other obligation to
HRT hereunder or otherwise upon (a) the occurrence of an event of default
described in subsection 9.1(k) of the Agreement or (b) the failure by ▇▇▇▇▇-▇▇▇▇
to pay any impositions in respect to real property assessed prior to the date
hereof. In the event of the failure of ▇▇▇▇▇-▇▇▇▇ to pay any such rent or other
sums, or to render any other performance required of ▇▇▇▇▇-▇▇▇▇ under the
Agreement, if and when due after the expiration of any applicable cure period,
the Guarantor shall upon receiving notice of such failure from HRT pay the rent
and forthwith perform all provisions of the Agreement to be performed by
▇▇▇▇▇-▇▇▇▇ thereunder. It is understood and agreed that the aggregate amount of
the obligations guaranteed hereby may not exceed the amount which accrues under
the Agreement, provided that the Guarantor shall be obligated to pay for all
reasonable costs and expenses that are incurred by HRT in enforcing this
Guaranty.
2. In such manner, upon such terms and at such times as HRT in its
reasonable discretion deems necessary or expedient, but with notice to and
consent by the Guarantor, HRT may alter, compromise, accelerate, extend or
change the time or manner for the payment or the performance of any obligation
hereby guaranteed, release ▇▇▇▇▇-▇▇▇▇ by consent to any assignment (or
otherwise) as to all or any portion of the obligations hereby guaranteed,
release, substitute or add any one or more guarantors, accept additional or
substituted security for any obligation secured hereby, release or subordinate
any security for any obligation secured hereby or release or substitute the
Property now or hereafter covered by the Agreement for any other facility.
Subject to the foregoing sentence, no exercise or non-exercise by HRT of any
right hereby given HRT (or neglect or delay in connection therewith), no dealing
by HRT with the Guarantor or any other guarantor or any other person, and no
change, impairment, release or suspension of any right or remedy of HRT against
any person, including ▇▇▇▇▇-▇▇▇▇ and any other guarantor, shall in any way
affect any of the obligations of the Guarantor hereunder or any security
furnished by the Guarantor or give the Guarantor any recourse or offset against
HRT. If HRT has exculpated ▇▇▇▇▇-▇▇▇▇ from personal liability in whole or in
part, said exculpation shall not affect the obligations of the Guarantor
hereunder, it being understood that the Guarantor's obligations hereunder are
independent of the obligations of ▇▇▇▇▇-▇▇▇▇ and are to be construed as if no
such exculpation had been given to ▇▇▇▇▇-▇▇▇▇ by HRT. It is further understood
and agreed that if any such exculpation has been or at any time hereafter is
given to ▇▇▇▇▇-▇▇▇▇, HRT has done or will do so in reliance upon the terms
expressed herein.
3. Subject to the provisions of the last sentence of this Section, the
Guarantor hereby waives and relinquishes (a) any right to require HRT to proceed
against ▇▇▇▇▇-▇▇▇▇ or any other person or to proceed against or exhaust any
security held by HRT at any time or to pursue any other remedy in HRT's power
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before proceeding against the Guarantor; (b) any defense that may arise by
reason of incapacity, lack of authority, insolvency, bankruptcy, death or
disability of any other person or persons or the failure of HRT to file or
enforce a claim against the estate (in administration, bankruptcy or any other
proceeding) of any other person or persons; (c) any defense arising because of
HRT's election, in any proceeding instituted under the Federal Bankruptcy Code,
together with all amendments and revisions thereto (the Bankruptcy Code), of the
application of Section 1111(b)(2) of the Bankruptcy Code; (d) any defense based
on any borrowing or grant of a security interest under Section 364 of the
Bankruptcy Code; and (e) any duty on the part of HRT to disclose to Guarantor
any facts HRT may now or hereafter know about ▇▇▇▇▇-▇▇▇▇, regardless of whether
HRT has reason to believe that any such facts materially increase the risk
beyond that which Guarantor intends to assume or has reason to believe that such
facts are unknown to Guarantor or has a reasonable opportunity to communicate
such facts to Guarantor, it being understood and agreed that the undersigned is
fully responsible for being and keeping informed of the financial condition of
▇▇▇▇▇-▇▇▇▇ and of all circumstances bearing on the risk of non-payment or
non-performance of any obligations or indebtedness hereby guaranteed. The
Guarantor hereby waives all notices of acceptance of this Guaranty, protest,
notice of intention to accelerate (and notice of such acceleration), demand and
dishonor, presentment, and all other demands of any kind now or hereafter
provided for by any statute or rule of law, other than any notice or demand that
HRT must give Guarantor hereunder, under the Agreement, under any Property Lease
subject to the Agreement or under any other agreement to which HRT or Guarantor
may be a party. Notwithstanding anything to the contrary in this Guaranty, the
Guarantor shall have as a defense to payment or performance hereunder each and
every defense, real and personal, which ▇▇▇▇▇-▇▇▇▇ may have to the payment or
performance under the Agreement, it being the intention of the Guarantor and HRT
that the Guarantor's obligations hereunder shall not be greater, more burdensome
or otherwise different from ▇▇▇▇▇-▇▇▇▇'▇ obligations under the Agreement.
4. Notwithstanding any modification or discharge of the obligations
guaranteed hereby (or any part thereof) or any amendment, modification,
rearrangement, stay, or cure of any of HRT's rights, remedies or recourse under
the Agreement which may occur in any bankruptcy or reorganization case or
proceeding concerning ▇▇▇▇▇-▇▇▇▇, whether permanent or temporary, and whether or
not assented to by HRT, the Guarantor hereby agrees that the Guarantor shall be
obligated under this Guaranty to pay and perform all of the obligations
guaranteed hereby in accordance with the respective terms of the Agreement and
of this Guaranty in effect on the date hereof. The Guarantor understands and
acknowledges that, by virtue of this Guaranty, the Guarantor has specifically
assumed any and all risk of a bankruptcy, reorganization, or other case or
proceeding under any of the Debtor Relief Laws (as hereinafter defined) with
respect to ▇▇▇▇▇-▇▇▇▇. The term Debtor Relief Laws, as used in this Guaranty,
shall mean the Bankruptcy Code or any other applicable liquidation,
conservatorship, bankruptcy, moratorium, rearrangement, receivership,
insolvency, reorganization, suspension of payments, or similar debtor relief law
from time to time in effect which affects the rights of creditors generally.
5. The amount of the Guarantor's liability and all rights, powers and
remedies of HRT hereunder and under any other agreement now or at any time
hereafter in force between HRT and Guarantor, including any other guaranty
executed by Guarantor relating to any indebtedness or other obligation of any
lessee to HRT, shall be cumulative and not alternative and such rights, powers
and remedies shall be in addition to all rights, powers and remedies given to
HRT by law. This Guaranty is in addition to and exclusive of the guaranty of any
other guarantor of any indebtedness of ▇▇▇▇▇-▇▇▇▇ to HRT.
6. The obligations of the Guarantor hereunder are primary, direct and
independent of the obligations of ▇▇▇▇▇-▇▇▇▇ and, in the event of any default by
▇▇▇▇▇-▇▇▇▇ under the Agreement (beyond any period of cure provided therein), a
separate action may be brought and prosecuted against the Guarantor whether or
not ▇▇▇▇▇-▇▇▇▇ is joined therein or a separate action is brought against
▇▇▇▇▇-▇▇▇▇. HRT may maintain successive actions for other defaults. HRT's rights
hereunder shall not be exhausted by its exercise of any of its rights or
remedies or by any such action or by any number of successive actions until and
unless all indebtedness and obligations, the payment and performance of which
are hereby guaranteed, have been paid and fully performed.
7. The Guarantor shall pay to HRT all reasonable attorneys' fees and all
costs and expenses which HRT expends or incurs to the extent allowed by
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applicable law in enforcing performance of any indebtedness or other obligation
hereby guaranteed or in enforcing this Guaranty against the Guarantor, whether
or not suit is filed, expressly including but not limited to all costs,
reasonable attorneys' fees and expenses incurred by HRT in connection with any
insolvency, bankruptcy, reorganization, arrangement or other similar proceedings
involving the Guarantor which in any way affects the exercise by HRT of its
rights and remedies hereunder.
8. The most recent audited financial statements of the Guarantor heretofore
delivered to HRT, if any, have been prepared in accordance with generally
accepted accounting principles and fairly present the financial condition of the
Guarantor as of the date thereof and no material adverse change has occurred in
the financial condition of Guarantor since the respective dates thereof.
9. If any provision or portion thereof of this Guaranty is declared or
found by a court of competent jurisdiction to be unenforceable or null and void,
such provision or portion thereof shall be deemed stricken and severed from this
Guaranty, and the remaining provisions and portions thereof shall continue in
full force and effect.
10. This Guaranty shall inure to the benefit of HRT, its successors and
assigns, and any subsequent owners of the Property who succeed to all or any
portion of HRT's obligations and rights under the Agreement, and shall bind the
heirs, executors, administrators, personal representatives, successors and
assigns of the Guarantor; provided that the Guarantor may not, without HRT's
prior written consent, assign or transfer any of its powers, duties or
obligations under this Guaranty which consent will not be unreasonably withheld.
Any assignment by Guarantor of this Guaranty that requires the consent of HRT
but which Guarantor does not obtain from HRT shall be a default only under the
Agreement and only if declared to be such a default by HRT. HRT's remedies
against Guarantor in such event shall be as in the case of any other default
under the Agreement. Notwithstanding the foregoing, Guarantor (i) may assign
this Guaranty to any subsidiary or other entity owned at least 51%, directly or
indirectly, by Guarantor; and (ii) guarantor may assign its interest in this
guaranty to any person, firm or corporation that is the purchaser of all or
substantially all of the assets of Guarantor or that is the successor to the
assets and business of Guarantor by virtue of a corporate merger or
consolidation of, with or into Guarantor. No such assignment as described in
clauses (i) or (ii) above shall be effective unless (a) HRT receives notice of
such assignment and (b) each such assignee assumes and agrees to perform and
observe all of the covenants and agreements of Guarantor under this Guaranty
either by agreement in writing or by operation of law. If each such assignee so
agrees, Guarantor shall then be secondarily liable for the performance of its
covenants and agreements herein; provided, however, in the event of an
assignment of the kind described in clause (ii) above, Guarantor shall be
released from all liability for rent or any other sums or obligations becoming
due and payable or performable after the effective time of the assignment, if
and only if, at the completion of such merger, consolidation, acquisition or
purchase, the successor to Guarantor shall have a net worth no less than the net
worth of Guarantor immediately prior to such merger, consolidation, acquisition
or purchase. such net worth shall be evidenced in a form and calculated in a
manner reasonably satisfactory to HRT.
This Guaranty may be assigned by HRT with respect to all or any portion of
the indebtedness or obligations hereby guaranteed to any subsequent owners or
encumbrances of the Property, and when so assigned the Guarantor shall be liable
to the assignees under this Guaranty without in any manner affecting the
liability of the Guarantor hereunder with respect to any indebtedness or
obligations retained by HRT.
11. Neither any provision of this Guaranty nor any right of either HRT or
the Guarantor hereunder can be waived in whole or in part nor can the Guarantor
be released from the Guarantor's obligations hereunder except by a writing duly
executed by an authorized officer of the waiving or releasing party.
12. When the context and construction so require, all words used in the
singular herein shall be deemed to have been used in the plural and the
masculine shall include the feminine and neuter and vice versa. The word person
as used herein shall include any individual, company, firm, association,
partnership, corporation, trust or other legal entity of any kind whatsoever.
The term ▇▇▇▇▇-▇▇▇▇ as used herein shall mean the party herein so named and its
successors including, but not limited to, a debtor in possession under Chapter
11 of the Bankruptcy Code.
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13. EXCEPT WHERE FEDERAL LAW IS APPLICABLE AND UNLESS OTHERWISE EXPRESSLY
PROVIDED HEREIN, THIS GUARANTY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE STATE OF TENNESSEE. The Guarantor hereby: (a) irrevocably
submits to the non-exclusive jurisdiction of the state and federal courts of the
State of Tennessee in any legal proceeding arising out of, or in connection
with, this Guaranty, the Agreement and the obligations guaranteed hereby as
provided for by Tennessee law; and (b) irrevocably consents to the service of
process upon the Guarantor by the mailing of copies thereof by certified mail,
return receipt requested, postage prepaid, to the Guarantor at ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: General Counsel, or
such other address of which the Guarantor shall notify HRT in writing. Nothing
herein shall affect the rights of HRT to commence legal proceedings or otherwise
proceed against the Guarantor in any jurisdiction or to serve process in any
manner permitted by applicable law, and nothing herein shall constitute a
general consent to jurisdiction or service of process.
14. THIS GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES
PERTAINING TO THE SUBJECT MATTER ADDRESSED HEREIN AND MAY NOT BE CONTRADICTED BY
EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE
PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
EXECUTED as of ______________________, 1996.
PhyCor, Inc.,
a Tennessee corporation
By:___________________________
Title:________________________
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EXHIBIT "A"
PROPERTY DESCRIPTION
▇▇▇▇▇-▇▇▇▇ CLINIC
PARCEL I TRACT I (0.432 AC)
Being a tract of land situated in Salem, Virginia and designated as Tract I,
containing 0.432 acre of land and designated as tax #303-1-2.
COMMENCING at corner #1, said corner #1 being the intersection of the
property of ▇▇▇▇▇ ▇▇▇▇ Hospital as recorded in Deed Book 4, Page 176 (Tax
#283-2-1) and Tract IIB, said corner #1 lying on the northerly right-of-way line
of ▇▇▇▇▇ Road (50' R/W);
Thence along the line common to said property of ▇▇▇▇▇ ▇▇▇▇ Hospital and
Tract IIB, the following courses and distances, N 22(Degree) 56' 30 E. 212.01
feet to a point;
Thence S 67(Degree) 03' 30 E. 5.66 feet to the Actual Point of BEGINNING;
Thence S 67(Degree) 03' 30 E. 37.84 feet along the line common to said
property of ▇▇▇▇▇ ▇▇▇▇ Hospital, Inc. and property herein described to a point;
Thence N 22(Degree) 56' 30 E. 88.58 feet along said common line to a point;
Thence S 67(Degree) 03' 30 E. 7.65 feet along the line common to aforesaid
Tract IIB and the property herein described to a point;
Thence N 22(Degree) 56' 30 E. 35.20 feet along said common line to a point;
Thence S 67(Degree) 03' 30 E. 79.00 feet along said common line to a point;
Thence S 22(Degree) 56' 30 W. 35.20 feet along the line common to Tract IIA
(tax parcel #303-1-2.1) and the herein described tract;
Thence along said common line the following ourses and distances, S 67(Degree)
03' 30 E. 17.05 feet to a point;
Thence S 22(Degree) 56' 30 W. 73.80 feet to a point;
Thence N 67(Degree) 03' 30 W. 16.97 feet to a point;
Thence S 22(Degree) 56' 30 W. 33.20 feet to a point;
Thence S 67(Degree) 03' 30 E. 16.97 feet to a point;
Thence S 22(Degree) 56' 30 W. 55.02 feet to a point;
Thence N 67(Degree) 03' 30 W. 54.35 feet along the line common to property
of ▇▇▇▇▇ ▇▇▇▇ Medical Foundation as recorded in Deed Book 26, Page 77 (tax
#303-1-1) and the herein described property;
Thence N 22(Degree) 56' 30 E. 13.02 feet along the line common to the
aforementioned Tract IIB and the herein described property;
Thence along said common line for the following courses and distances,
N 67(Degree) 03' 30 W. 51.00 feet to a point;
Thence N 22(Degree) 56' 30 E. 45.44 feet to a point;
Thence N 67(Degree) 03' 30 W. 7.07 feet to a point;
Thence N 22(Degree) 56' 30 E. 6.51 feet to a point;
Thence N 67(Degree) 03' 30 W. 29.12 feet to a point;
Thence N 22(Degree) 56' 30 E. 8.47 feet to the Point of BEGINNING and
containing a computed acreage of 0.432 acre (18.829 sq. ft.)
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Together with appropriate non-exclusive easements of ingress and egress over and
along private roads (now existing or as may hereafter be constructed and/or
relocated) of ▇▇▇▇▇-▇▇▇▇ Hospital, Incorporated, running across its remaining
lands connecting the subject property to ▇▇▇▇▇ Road and Braeburn Drive.
Together also with easements for general utility purposes over, across and
under remaining properties of ▇▇▇▇▇-▇▇▇▇ Hospital, Incorporated, including
water, sewer, drainage, electricity, gas and telephone, such easements to be
reasonable and to be exactly located as might be mutually agreed upon by
▇▇▇▇▇-▇▇▇▇ Hospital, Incorporated, and Industrial Development Authority of the
City of Salem, Virginia, their successors and assigns.
PARCEL I - continued TRACT II-B (3.032 AC)
Being a tract of land situated in Salem, Virginia, and designated as Tract IIB
and containing 3.032 acres of land.
BEGINNING at corner #1, a point located on the northerly right-of-way line
of ▇▇▇▇▇ Road (50' R/W) and being the corner common to property of ▇▇▇▇▇ ▇▇▇▇
Hospital, Inc. as recorded in Deed Book 4, Page 176 (tax number 283-2-1) and the
herein described parcel;
Thence along the line common to said property of ▇▇▇▇▇ ▇▇▇▇ Hospital and the
herein described parcel, N 22(Degree) 56' 30 E. 212.01 feet to a point;
Thence S 67(Degree) 03' 30 E. 5.66 feet along said common line to a point;
Thence along the line common to Tract I (tax #303-1-2) and the herein
described parcel, the following courses and distances, S 22(Degree) 56' 30 W.
8.47 feet to a point;
Thence S 67(Degree) 03' 30 E. 29.12 feet to a point;
Thence S 22(Degree) 56' 30 W. 6.51 feet to a point;
Thence S 67(Degree) 03' 30 E. 7.07 feet to a point;
Thence S 22(Degree) 56' 30 W. 45.44 feet to a point;
Thence S 67(Degree) 03' 30 E. 51.00 feet to a point;
Thence S 22(Degree) 56' 30 W. 13.02 feet to a point;
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Thence along the line common to property of ▇▇▇▇▇ ▇▇▇▇ Medical Foundation
as recorded in Deed Book 26, Page 77 (tax parcel #303-1-1) and the herein
described parcel the following courses and distances, N 67(Degree) 03' 30 W
48.35 feet to a point;
Thence S 22(Degree) 56' 30 W. 110.58 feet to a point;
Thence S 71(Degree) 03' 15 E. 137.51 feet to a point;
Thence N 22(Degree) 56' 30 E. 78.40 feet to a point;
Thence along the line common to Tract IIA (tax #303-1-2.1) and the herein
described tract the following courses and distances, N 67(Degree) 56' 30 E.
79.65 feet to a point;
Thence S 67(Degree) 03' 30 E. 67.51 feet to a point;
Thence along the line common to Tract IIC (tax # 303-1-2.3) and the herein
described parcel, S 23(Degree) 00' 34 W. 32.79 feet to a point;
Thence S 21(Degree) 59' 26 E. 40.22 feet to a point;
Thence S 66(Degree) 59' 26 E. 130.79 feet to a point;
Thence N 23(Degree) 00' 34 E. 83.09 feet to a point;
Thence N 21(Degree) 59' 26 W. 121.21 feet to a point;
Thence S 68(Degree) 00' 34 W. 21.36 feet to a point;
Thence N 36(Degree) 59' 26 W. 37.78 feet to a point;
Thence N 45(Degree) 30' 34 E. 41.22 feet to a point;
Thence N 44(Degree) 29' 26 W. 26.00 feet to a point;
Thence S 45(Degree) 30' 34 W. 20.71 feet to a point;
Thence along the line common to the aforementioned Tract IIA (tax
#303-1-2.1) and the herein described parcel the following courses and distances,
N 22(Degree) 56' 30 E. 32.09 feet to a point;
Thence N 67(Degree) 03' 30 W. 185.05 feet to a point;
Thence S 22(Degree) 56' 30 W. 8.83 feet to a point;
Thence along the line common to the aforementioned Tract I (tax #303-1-2)
and the herein described parcel for the following courses and distances, N
67(Degree) 03' 30 W. 79.00 feet to a point;
Thence S 22(Degree) 56' 30 W. 35.20 feet to a point;
Thence N 67(Degree) 03' 30 W. 7.65 feet to a point;
Thence along the line common to said property of ▇▇▇▇▇ ▇▇▇▇ Hospital, Inc.
(tax #283-2-1) and the herein described parcel the following courses and
distances, N 22(Degree) 56' 30 E. 89.44 feet to a point;
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Thence S 70(Degree) 20' 51 E. 274.71 feet to a point;
Thence N 52(Degree) 19' 29 E. 14.21 feet to a point;
Thence S 67(Degree) 03' 30 E. 199.58 feet to a point;
Thence along the line common to property of ▇▇▇▇▇ ▇▇▇▇ Building Corporation
as recorded in Deed Book 81, Page 298 (tax #303.1-3) and the herein described
parcel the following courses and distances, S 04(Degree) 00' 00 W. 350.42 feet
to a point, said point lying on the northerly right-of-way line of ▇▇▇▇▇ Road;
Thence along the line common to the northerly right-of-way of ▇▇▇▇▇ Road
and the herein described parcel the following courses and distances, N
86(Degree) 00' 00 W. 103.70 feet to a point of curvature to the right;
Thence 323.98 feet along the arc of the curve to the right, whose radius is
980.00 feet, tangent 163.48 feet, delta angle 18(Degree) 56' 30 and chord
bearing and distance N 76(Degree) 31' 45 W. 322.51 feet to a point;
Thence N 67(Degree) 03' 30 W. 221.86 feet to the Point of BEGINNING
containing a computed acreage of 3.032 acres (132,062 SQ. FT.).
Together with appropriate non-exclusive easements of ingress and egress over and
along private roads (now existing or as may hereafter be constructed and/or
relocated) of ▇▇▇▇▇-▇▇▇▇ Hospital, Incorporated, running across its remaining
lands connecting the subject property to ▇▇▇▇▇ Road and Braeburn Drive.
Together also with easements for general utility purposes over, across and
under remaining properties of ▇▇▇▇▇-▇▇▇▇ Hospital, Incorporated, including
water, sewer, drainage, electricity, gas and telephone, such easements to be
reasonable and to be exactly located as might be mutually agreed upon by
▇▇▇▇▇-▇▇▇▇ Hospital, Incorporated, and Industrial Development Authority of the
City of Salem, Virginia, their successors and assigns.
PARCEL II TRACT II-A (0.758 AC)
Being a tract of land situated in Salem, Virginia, designated as Tract IIA,
containing 0.758 acre of land and designated at tax #303-1-2.1.
BEGINNING at a northeasterly corner of Tract 1 (tax #303-1-2), a southerly
corner of Tract IIB and a northwesterly corner of the herein described tract;
Thence along the line common to said Tract IIB and the herein described tract
the following courses and distance, N 22(Degree) 56' 30 E. 8.83 feet to a
point;
Thence S 67(Degree) 03' 30 E. 185.05 feet to a point;
Thence S 22(Degree) 56' 30 W. 172.33 feet along the aforesaid common line
and along the line common to Tract IIC (tax #303-1-2.3) and the herein described
tract;
Thence N 67(Degree) 03' 30 W. 77.20 feet along said common line and along
the line common to the aforementioned Tract IIB and herein described tract;
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Thence S 67(Degree) 56' 30 W. 79.65 feet to a point;
Thence N 22(Degree) 56' 30 E. 22.60 feet along the line common to property
of ▇▇▇▇▇ ▇▇▇▇ Medical Foundation as recorded in Deed Book 26, Page 77 (tax
#303-1-1) and the aforementioned tract to a point;
Thence N 67(Degree) 03' 30 W. 34.48 feet along said common line to a point;
Thence N 22(Degree) 56' 30 E. 55.02 feet along the line common to the
aforementioned Tract I (tax #303-1-2) and the herein described tract;
Thence N 67(Degree) 03' 30 W. 16.97 feet along said common line to a point;
Thence N 22(Degree) 56' 30 E. 33.20 feet along said common line to a point;
Thence S 67(Degree) 03' 30 E. 16.97 feet along said common line to a point;
Thence N 22(Degree) 56' 30 E. 73.80 feet along said common line to a point;
Thence N 67(Degree) 03' 30 W. 17.05 feet along said common line to a point;
Thence N 22(Degree) 56' 30 E. 35.20 feet to the Point of BEGINNING and
containing a computed acreage of 0.758 acre (33,014 SQ FT).
Together with the following easements:
(1) A non-exclusive easement for ingress, egress and parking on, over,
along and through all roads, driveways and parking areas no existing and as
hereafter constructed or located on the remaining property of the Industrial
Development Authority of the City of Salem, Virginia, its successors and
assigns, located between ▇▇▇▇▇ Road and Braeburn Drive.
(2) Such easements as are reasonably necessary for the location,
construction, installation, maintenance, repair, removal, reinstallation and
reconstruction of utilities and utility lines, including without limitation
water, sewer, drainage, electricity, gas and telephone, over, across, under and
through thr remaining property of the Industrial Development Authority of the
City of Salem, Virginia, located between ▇▇▇▇▇ Road and Braeburn Drive, said
easements to be specifically located by the mutual agreement of ▇▇▇▇▇-▇▇▇▇
Building Corporation and the Industrial Development Authority of the City of
Salem, Virginia, their successors and assigns.
(3) An easement for the lateral support, by the eastern wall of the
▇▇▇▇▇-▇▇▇▇ Clinic building now located on the land of the Industrial Development
Authority of the City of Salem, Virginia, of the building constructed by
▇▇▇▇▇-▇▇▇▇ Building corporation on the above-described land, including the right
to insert into and attached to said wall such beams and other structural
materials as shall be reasonably necessary for the benefit and support of the
building constructed by ▇▇▇▇▇-▇▇▇▇ Building Corporaiton; provided, however, that
such use shall not render unstable or unsafe or otherwise materially adversely
affect the structural integrity of the building not located on Tract I (0.432
Ac.) as hereinabove described.
(4) The easements for ingress and egress over and along existing and future
private roads connecting the hereinabove described property with ▇▇▇▇▇ Road and
Braeburn Drive and for general utility purposes over, across and under the
property of ▇▇▇▇▇-▇▇▇▇ Hospital, Incorporated, which were conveyed to the
Industrial Development Authority of the City of Salem, Virginia, by ▇▇▇▇▇-▇▇▇▇
Hospital, Incorporated, by deed dated July 1, 1971, recorded in the Clerk's
office of the Circuit Court of the City of Salem, Virginia, in Deed Book 17,
page 363, to which deed reference is hereby made for a more particular
description of said easements, said easements to be used in common with the
Industrial Development Authority of the City of Salem, Virginia, and its
assigns.
5
PARCEL III TRACT II-C (0.518 AC)
Being a tract of land situated in Salem, Virginia, and designated as Tract
IIC containing 0.518 acre of land and designated as tax #303-1-2.3.
BEGINNING at a point lying in the easterly property line of Tract IIA,
being a southerly point of Tract IIB and being a northwesterly corner of the
herein described parcel, said point also lying S 22(Degree) 56' 30 W. 32.09 feet
from the northeast property corner of the aforementioned Tract IIA;
Thence along the line common to the aforesaid Tract IIB and the herein
described parcel the following courses and distances, N 45(Degree) 30' 34 E.
20.71 feet to a point;
Thence S 44(Degree) 29' 26 E. 26.00 feet to a point;
Thence S 45(Degree) 30' 34 W. 41.22 feet to a point;
Thence S 36(Degree) 59' 26 E. 37.78 feet to a point;
Thence N 68(Degree) 00' 34 E. 21.36 feet to a point;
Thence S 21(Degree) 59' 26 E. 121.21 feet to a point;
Thence S 23(Degree) 00' 34 W. 83.09 feet to a point;
Thence N 66(Degree) 59' 26 W. 130.79 feet to a point;
Thence N 21(Degree) 59' 26 W. 40.22 feet to a point;
Thence N 23(Degree) 00' 34 E. 32.79 feet to a point;
Thence along the line common to said Tract IIA and the herein described
parcel the following courses and distances, S 67(Degree) 03' 30 E. 9.69 feet to
a point;
Thence N 22(Degree) 56' 30 E. 140.24 feet to the Point of BEGINNING and
containing a computed acreage of 0.518 acre (22,563 SQ FT).
PARCEL IV (6.360 AC)
BEGINNING at an old pin found on the cul-de-sac of Braeburn Circle, said
point beginning designated corner no. 1 on plat entitled Urban Class ALTA/ACSM
Land Title Survey for Healthcare Realty Trust Incorporated by ▇.▇. ▇▇▇▇▇▇ & Son
and also being on the westerly boundary of G & M LLC property; Thence along the
westerly boundary of G & M LLC property, S 14(Degree)42'00 W. 88.20 feet to an
old pin found being the southwest corner of G & M LLC property, designated
corner no. 2; Thence along the southerly boundary of G & M LLC property, S
86(Degree)00'00 E. passing an old pin found on line at 20.98 feet, in all,
221.02 feet to an old pin found being the southeast corner of G & M LLC property
and on the westerly boundary of Braeburn Medical Park property, designated
corner no. 3; Thence along the boundary of Braeburn Medical Park property, S
04(Degree)00'00 W. 200.00 feet to an old pin found being the southwest corner of
Braeburn Medical Park property and also being on the northerly right-of-way of
▇▇▇▇▇ Road, designated corner no. 4; Thence along the northerly right-of-way
line of ▇▇▇▇▇ Road, N 86(Degree)00'00 W. 800.00 feet to an old pin found being
the southeast corner of ▇▇▇▇▇ ▇▇▇▇ Building Corp. property, designated corner
no. 5; Thence leaving the northerly right-of-way of ▇▇▇▇▇ Road and along the
easterly boundary of ▇▇▇▇▇ ▇▇▇▇ Building Corp. property and ▇▇▇▇▇ ▇▇▇▇ Hospital,
Inc. property, N 04(Degree)00'00 E. 405.27 feet to an old pin found being the
southwest corner of Ganot Corporation property, designated corner no. 6; Thence
along the southerly boundary of Ganot Corporation property, S 86(Degree)00'00 E.
470.20 feet to a 1/2 rebar with yellow cap set being the southeast corner of
Ganot Corporation property and the southwest corner of HCA Health Services of
Virginia, Inc. property, designated corner no. 7; Thence along the southerly
boundary of HCA Health Services of Virginia, Inc. property, S 75(Degree)18'00 E.
120.00 feet to an old pin found being the southeast corner of HCA Health
Services of Virginia, Inc. property and also being on the westerly right-of-way
of Braeburn Circle, designated corner no. 8; Thence along the cul-de-sac of
Braeburn Circle with a curve to the left whose radius is 50.00 feet an arc
distance of 130.89 feet (ch = S 00(Degree)18'00 E. 96.59 feet) to the POINT OF
BEGINNING and containing 6.360 Ac. being ▇▇▇▇ ▇ ▇▇▇▇ ▇ & ▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇,
Section 2 recorded in P.B. 1, Pg. 36 and being as shown on the aforesaid plat by
▇.▇. ▇▇▇▇▇▇ & Son.
6
▇▇▇▇▇-▇▇▇▇ MEDICAL FOUNDATION
PARCEL V (0.333 AC)
Being a tract of land situated in Salem, Virginia, and designated as tax
#303-1-1, Property of ▇▇▇▇▇ ▇▇▇▇ Medical Foundation as recorded in Deed Book 26,
Page 77 and containing 0.333 acre of land.
COMMENCING at corner #10, a point on the northerly right-of-way line of ▇▇▇▇▇
Road and also being a southerly corner of Tract IIB;
Thence along the line common to the aforesaid ▇▇▇▇▇ Road and Tract IIB, N 67
(Degree) 03' 30 W. 40.18 feet to a point;
Thence with a tie line across the aforementioned Tract IIB, N 22(Degree) 56'
30 E. 37.57 feet to the Actual Place of BEGINNING;
Thence along the line common to said Tract IIB and the herein described tract,
N 71(Degree) 03' 15 W. 137.51 feet to a point;
Thence N 22(Degree) 56' 30 E. 110.58 feet along said common line to a point;
Thence S 67(Degree) 03' 30 E. 137.18 feet along said common line and along the
line common to Tract 1 (tax #303-1-2) and the herein described tract and Tract
IIA (tax #303-1-2.1) and the herein described tract;
Thence S 22(Degree) 56' 30 W.101.00 feet along the line common to said Tract IIA
and the herein described tract and Tract IIB and the herein described tract to
the Point of BEGINNING containing a computed acreage of 0.333 acre (14,511 SQ
FT).
Together with appropriate non-exclusive easements of right-of-way for ingress
and egress over the adjoining property of The Industrial Development Authority
of the City of Salem, Virginia, connecting with private roads (as now or may in
the future exist) of The Medical Foundation of Roanoke Valley (formerly
▇▇▇▇▇-▇▇▇▇ Medical Foundation) extending to ▇▇▇▇▇ Road and Braeburn Drive.
7
▇▇▇-HI BUSINESS CENTER
PARCEL VI ▇▇▇▇▇▇▇▇ DRIVE (19.546 AC)
BEGINNING at a point on the northerly right-of-way of ▇▇▇ Highway, said point
being the southeast corner of NAD Properties and also being designated corner
no. 1 on plat entitled Urban Class ALTA/ACSM Land Title Survey for Healthcare
Realty Trust Incorporated by ▇.▇. ▇▇▇▇▇▇ & Son dated October 24, 1996; Thence
leaving said right-of-way and along the westerly boundary of NAD Properties, N
24(Degree)09'00 E. 921.61 feet to an old pin found designated corner no. 2;
Thence along the southerly boundary of NAD Properties, S 81(Degree)52'00 E.
869.29 feet to an old pin found at the southeast corner of NAD Properties and
being on the westerly boundary of CSW Associates property designated corner no.
3; Thence along the westerly boundary of CSW Associates property, ▇▇▇▇▇ ▇.
▇▇▇▇▇▇, Et Ux property and ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Et Ux property, S 08(Degree)10'30
W. 933.14 feet to a point on the northerly right-of-way of ▇▇▇ Highway
designated corner no. 4; Thence along the northerly right-of-way of ▇▇▇ Highway
with a curve to the right whose radius is 676.20 feet an arc distance of 20.81
feet (chord = N 69(Degree)14'34 W. 20.81 feet) to a point designated corner no.
5; Thence continuing with said right-of-way, N 68(Degree)21'40 W. 81.18 feet to
a point designated corner no. 6; Thence continuing with said right-of-way with a
curve to the left whose radius is 1949.86 feet an arc distance of 152.80 feet
(chord = N 70(Degree)36'21 W. 152.76 feet) to a point being the southeast corner
of EMAS, Inc. property designated corner no. 7; Thence leaving said right-of-way
and along the easterly boundary of EMAS, Inc. property, N 08(Degree)08'00 E.
144.80 feet to an old pin found being the northeast corner of EMAS, Inc.
property designated corner no. 8; Thence along the northerly boundary of EMAS,
Inc. property, N 81(Degree)52'00 W. 150.00 feet to an old pin found being the
northwest corner of EMAS, Inc. property designated corner no. 9; Thence along
the westerly boundary of EMAS, Inc. property, S 08(Degree)08'00 W. 126.93 feet
to a point on the northerly right-of-way of ▇▇▇ Highway and being the southwest
corner of EMAS, Inc. property designated corner no. 10; Thence along the
northerly right-of-way of ▇▇▇ Highway with a curve to the left whose radius is
1949.86 feet an arc distance of 26.20 feet (chord = N 77(Degree)40'33 W. 26.20
feet) to a point designated corner no. 11; Thence continuing with said
right-of-way with a curve to the left whose radius is 1625.08 feet, an arc
distance of 297.68 feet (chord = N 82(Degree)25'57 W. 297.27 feet) to a point
designated corner no. 12; Thence continuing with said right-of-way with a curve
to the left whose radius is 1949.86 feet, an arc distance of 21.44 feet (chord =
N 87(Degree)07'09 W. 21.44 feet) to a point designated corner no. 13; Thence
continuing with said right-of-way, N 02(Degree)33'57 E. 33.00 feet to a point
designated corner no. 14; Thence continuing with said right-of-way, N
88(Degree)05'10 W. 67.06 feet to a point designated corner no. 15; Thence
continuing with said right-of-way, S 01(Degree)44'12 W. 33.00 feet to a point
designated corner no. 16; Thence continuing with said right-of-way, N
88(Degree)15'48 W. 143.56 feet to a point designated corner no. 17; Thence
continuing with said right-of-way with a curve to the right whose radius is
682.63 feet, an arc distance of 170.73 feet (chord = N 81(Degree)05'55 W. 170.28
feet to the POINT OF BEGINNING and containing 19.546 ac. and being as shown on
the aforesaid plat by ▇.▇. ▇▇▇▇▇▇ & Son.
VALLEY VIEW MALL
PARCEL VII (2.611 Ac)
BEGINNING at a point being the intersection of the southerly right-of-way of
Valley View Boulevard North, N.W. and the westerly right-of-way of Ring Road,
N.W., Thence along said westerly right-of-way of Ring Road, N.W. with a curve to
the left whose radius is 660.00 feet, an arc distance of 25.00 feet (ch = S
02(Degree)02'51 W. 25.00 feet) to an old pin found, the ACTUAL
POINT-OF-BEGINNING, being designated corner no. 1 on Urban Class, ALTA/ACSM Land
Title Survey for Healthcare Realty Trust Incorporated by ▇.▇. ▇▇▇▇▇▇ & Son dated
October 8, 1996; Thence continuing with said westerly right-of-way of Ring Road,
N.W. with a curve to the left whose radius is 660.00 feet, an arc distance of
56.51 feet (ch = S 01(Degree)28'27 E. 56.49 feet) to an old pin found designated
corner no. 2; Thence continuing with said westerly right-of-way of Ring Road,
N.W., S 03(Degree)55'38 E. 90.00 feet to an old pin found designated corner no.
3; Thence leaving the westerly right-of-way of Ring Road, N.W. and along the
northerly boundary of the Retention Pond lot, S 86(Degree)04'22 W. 279.34 feet
to an old pin found on the northerly right-of-way of Interstate 581 designated
corner no. 4; Thence along the northerly right-of-way of Interstate ▇▇▇, ▇
▇▇(▇▇▇▇▇▇)▇▇'▇▇ ▇. 173.16 feet to a concrete monument found designated corner
no. 5; Thence continuing with said northerly right-of-way of Interstate 581 with
a curve to the right whose radius is 2739.79 feet, an arc distance of 118.84
feet (ch = N 47(Degree)41'05 W. 118.83 feet) to an old pin found, designated
corner no. 6; Thence leaving the northerly right-of-way of Interstate 581 and
along the easterly boundary of lot 7A-8 of Valley View Mall recorded in M.B. 1,
Pg. 746, N 41(Degree)04'22 E. passing an old pin found on line at 243.74 feet,
in all, 251.11 feet to an old pin found on the southerly right-of-way of Valley
View Boulevard North, N.W., designated corner no. 7; Thence along the southerly
right-of-way of Valley View Boulevard, N.W. with a curve to the left whose
radius is 570.00 feet, an arc distance of 282.08 feet (ch = S 59(Degree)41'18 E.
279.21 feet) to an old pin found, designated corner no. 8; Thence leaving the
southerly right-of-way of Valley View Boulevard North, N.W. and along the
southerly boundary of the Valley View Mall Pylon Sign Tract, S 47(Degree)23'28
E. 113.39 feet to the ACTUAL POINT-OF-BEGINNING and containing 2.611 ac. being
designated ▇▇▇ ▇▇-▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ recorded in M.B. 1, Pg. 445 and being as
shown on the aforesaid plat by ▇.▇. ▇▇▇▇▇▇ & Son.
8
WEST SALEM FAMILY PRACTICE AND IMMEDIATE CARE
PARCEL VIII (0.80 AC)
Description of Lot 6 of the Subdivision of ▇▇▇▇▇ Farms Associates, Et Als (P.B.
2, Page 11).
BEGINNING at the northeasterly corner of Lot A, as recorded in Plat Book 3, page
82, said point also located on the westerly side of a 30 foot roadway (D.B. 76,
Page 585); Thence leaving Lot A and with a tie line bearing N 80(Degree) 55' 16
E. 30.44 feet to the Actual Place of Beginning being corner #1, an existing iron
pin, said point located on the southerly boundary of Property of City of Salem
(Salem High School) as recorded in Deed Book 28, Page 515, said point also being
the northeasterly corner of Lot 2A as recorded in Plat Book 3, Page 78; Thence
leaving Lot 2A and with property of City of Salem (Salem High School), N
80(Degree) 55' 16 E. 225.80 feet to corner #2, an existing iron pin, said point
being the northwesterly corner of Lot 1 as recorded in Plat Book 2, Page 11, of
the Subdivision of ▇▇▇▇▇ Farms Associates, Et Als; Thence leaving the property
of the City of Salem and with Lot 1, S 07(Degree) 06' 58 E. 155.00 feet to
corner #3, an existing iron pin, said point located on the northerly boundary of
Lot 2A as recorded in Plat Book 3, Page 78; thence leaving Lot 1 and with Lot 2A
for the following 2 courses; S 80(Degree) 55' 16 W. 225.80 feet to corner #4, an
existing iron pin; Thence N 07(Degree) 06' 58 W. 155.00 feet to corner #1, the
Actual Place of Beginning and containing 0.80 acres (34,848 square feet).
Together with a non-exclusive easement for ingress and egress over a strip of
the remaining property of ▇▇▇▇▇ Farm Associates thirty (30) feet in width
adjacent to and parallel with the westerly boundary of the property described
above and then extending from said westerly boundary in a westerly direction
adjacent to and parallel with the northerly boundary of the remaining property
of ▇▇▇▇▇ Farm Associates for a distance of 189.54 feet, giving the
above-described property access to Spartan Drive. This easement shall
automatically cease and terminate when a public street has been constructed and
dedicated for public use, and accepted by the City of Salem, Virginia, adjacent
to the westerly boundary of said above-described 0.80 acre parcel and connecting
said property with spartan Drive.
FINCASTLE FAMILY PRACTICE AND FOUR (4) LOTS
PARCEL IX (0.724 AC)
BEGINNING at a 1/2 rebar with yellow cap set on the northerly right-of-way of
▇▇▇▇▇▇▇ Street, said point being the southwest corner of Lot 14, Fincastle Land
and Improvement Company Map recorded in Plat Book 1, page 4, and also being
designated corner no. 1 on plat entitled Urban Class ALTA/ACSM Land Title Survey
for Healthcare Realty Trust Incorporated by ▇.▇. ▇▇▇▇▇▇ & Son dated October 28,
1996; Thence along the northerly right-of-way of ▇▇▇▇▇▇▇ Street, N
85(Degree)15'00 W. 31.68 feet to a 1/2 rebar with yellow cap set designated
corner no. 2; Thence continuing with said right-of-way, N 04(Degree)45'00 E.
0.94 feet to a 1/2 rebar with yellow cap set designated corner no. 3; Thence
continuing with said right-of-way, N 40(Degree)29'33 W. 35.66 feet to a 1/2
rebar with yellow cap set on the easterly right-of-way of U.S. Route 220,
designated corner no. 4; Thence along the easterly right-of-way of U.S. Route
220 with a curve to the right whose radius is 1402.39 feet an arc distance of
324.35 feet (chord = N 03(Degree)32'27 W. 323.63 feet) to an old pin found
designated corner no. 5; Thence continuing with said right-of-way, N
03(Degree)05'06 E, 10.67 feet to a 1/2 rebar with yellow cap set being the
southwest corner of the Bank of Fincastle property designated corner no. 6;
Thence along the southerly boundary of the Bank of Fincastle property, N
89(Degree)21'40 E. 87.96 feet to an old flat iron found being the northwest
corner of the ▇▇▇▇ ▇. ▇▇▇▇▇▇ property designated corner no. 7; Thence along the
westerly boundary of the ▇▇▇▇ ▇. ▇▇▇▇▇▇ property, S 04(Degree)50'00 E. passing a
concrete monument found on line at 0.31 feet, in all, 248.69 feet to an old flat
iron found being the southwest corner of the ▇▇▇▇ ▇. ▇▇▇▇▇▇ property and the
northeast corner of Lot 14, Fincastle Land and Improvement Company map,
designated corner no. 8; Thence along the northerly boundary of Lot 14, N
85(Degree)15'00 W. 25.00 feet to a point designated corner no. 9, Thence along
the westerly boundary of Lot 14, S 04(Degree)45'00 W. 120.00 feet to the POINT
OF BEGINNING and containing 0.724 ac. (31,547 sq. ft.) and being as shown on the
aforesaid plat by ▇.▇. ▇▇▇▇▇▇ & Son.
PARCEL IX - continued
9
(0.276 AC - ▇▇▇▇ ▇▇, ▇▇, ▇▇ & ▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ & IMPROVEMENT CO.)
BEGINNING at a 1/2 rebar with yellow cap set on the northerly right-of-way of
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ being the southwest corner of Lot 14, Fincastle Land and
Improvement Company map recorded in Plat Book 1, page 4, said point being
designated corner no. 1 on plat entitled Urban Class ALTA/ACSM Land Title Survey
for Healthcare Realty Trust Incorporated by ▇.▇. ▇▇▇▇▇▇ & Son dated October 28,
1996; Thence leaving the northerly right-of-way of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and along the
westerly boundary of Lot 14, Fincastle Land and Improvement Company, N
04(Degree)45'00 E. 120.00 feet to a point designated corner no. 9; Thence along
the northerly boundary of ▇▇▇▇ ▇▇, ▇▇, ▇▇ & ▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and Improvement
Company and the southerly boundary of the ▇▇▇▇ ▇. ▇▇▇▇▇▇ property, S
85(Degree)15'00 E. passing an old flat iron found on line at 25.00 feet, in all,
100.00 feet to a point being the northwest corner of the ▇▇▇▇▇▇▇ ▇. & ▇▇▇▇▇ ▇.
▇▇▇▇▇ property and the northeast corner of Lot 11, Fincastle Land and
Improvement Company, designated corner no. 10; Thence along the westerly
boundary of the ▇▇▇▇▇▇▇ ▇. & ▇▇▇▇▇ ▇. ▇▇▇▇▇ property and the easterly boundary
of ▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇ 04(Degree)45'00 W. 120.00
feet to a 1/2 rebar with yellow cap set on the northerly right-of-way of ▇▇▇▇▇▇▇
▇▇▇▇▇▇ being the southwest corner of said ▇▇▇▇▇ property and the southeast
corner of Lot 11, Fincastle Land and Improvement Company, designated corner no.
11; Thence along the northerly right-of-way of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and the southerly
boundary of ▇▇▇▇ ▇▇, ▇▇, ▇▇ & ▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and Improvement Company, N
85(Degree)15'00 W. 100.00 feet to the POINT OF BEGINNING and containing 0.276
ac. 12,000 sq. ft.) and being as shown on the aforesaid plat by ▇.▇. ▇▇▇▇▇▇ &
Son.
Together with the right to use of that certain well and water system, situate on
the remaining lands of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇ ▇. ▇▇▇▇▇, or their
successors, together with that certain easement of reasonable access over,
across and through such lands for the purpose of operating and maintaining said
well and water system, all of such rights and easements which were previously
conveyed.
NEW CASTLE FAMILY PRACTICE
PARCEL X 2.079 AC) - NEWCASTLE, VA
BEGINNING at an old pin found, said pin being at the northeast corner of Market
Street and Court Street and being designated corner no. 1 on plat entitled Urban
Class ALTA/ACSM Land Title Survey for Healthcare Realty Trust Incorporated by
▇.▇. ▇▇▇▇▇▇ & Son dated October 24, 1996; Thence along the easterly right-of-way
of Court Street (unimproved) and the easterly boundary of the ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
property, N 42(Degree)15'00 W. passing a 1/2 rebar with yellow cap set on line
at 400.00 feet, in all, 450.00 feet to a point on the southerly boundary of the
▇▇▇▇▇▇▇ ▇. ▇▇▇▇ property in the center of John's Creek, designated corner no. 2;
Thence with the southerly boundary of the ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ property and the
center of John's Creek, N 67(Degree)11'27 E. 241.30 feet to a point in the
center of John's Creek and the northwest corner of ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ property,
designated corner no. 3; Thence leaving said creek and along the westerly
boundary of the ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ property, S 39(Degree)58'34 E. passing a 1/2
rebar with yellow cap set on line at 69.98 feet, in all, 369.98 feet to a 1/2
rebar with yellow cap set at the southwest corner of the ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
property and also being on the northerly right-of-way of Market Street,
designated corner no. 4; Thence along the northerly right-of-way of Market
Street, S 47(Degree)45'00 W. passing an old pin found on line at 2.86 feet, in
all, 212.86 feet to the POINT-OF-BEGINNING and containing 2.079 ac. (90,542 sq.
ft.) and being as shown on the aforesaid plat by ▇.▇. ▇▇▇▇▇▇ & Son.
Together with a sewer line easement as more particularly set forth in Deed Book
38, page 135.
10
BACKCREEK FAMILY PRACTICE
PARCEL XI (1.4144 AC) ROANOKE, VA
BEGINNING at a point on the northerly right-of-way of U.S. Route 221, said point
being in the centerline of Little Back Creek and designated as corner no. 1 on
plat entitled Urban Class ALTA/ACSM Land Title Survey for Healthcare Realty
Trust Incorporated by ▇.▇. ▇▇▇▇▇▇ & Son dated October 17, 1996; Thence along the
northerly right-of-way of ▇.▇. ▇▇▇▇▇ ▇▇▇, ▇ ▇▇(▇▇▇▇▇▇)▇▇'▇▇ ▇. 20.03 feet to an
old pin found, designated corner no. 2; Thence continuing along the northerly
right-of-way of U.S. Route 221, S 67(Degree)15'00 W. 103.61 feet to an old pin
found, designated corner no. 3; Thence continuing along the northerly
right-of-way of U.S. Route 221, S 70(Degree)27'30 W. 325.88 feet to an old pin
found, designated corner no. 4; Thence leaving said right-of-way and along the
easterly boundary of the Roanoke County Board of Supervisors property, N
02(Degree)04'00 W. 197.77 feet to an old pin found, designated corner no. 5;
Thence along the southerly boundary of the Roanoke County Board of Supervisors
property, N 70(Degree)06'30 E. 95.05 feet to an old pin found, designated corner
no. 6; Thence continuing along the southerly boundary of the Roanoke County
Board of Supervisors property, S 89(Degree)47'10 E. passing an old pin on line
at 220.90 feet, in all, 264.64 feet to a point in the centerline of Little Back
Creek, designated corner no. 7; Thence with the centerline of Little Back Creek,
S 53(Degree)48'00 E. 18.20 feet to a point in the centerline of Little Back
Creek, designated corner no. 8; Thence continuing with the centerline of Little
Back Creek, S 41(Degree)48'00 E. 91.67 feet to the POINT OF BEGINNING and
containing 1.4144 ac. and being known as New Lot A, Subdivision for the County
of Roanoke, P.B. 10, Pg. 147 and being as shown on the aforesaid plat by ▇.▇.
▇▇▇▇▇▇ & Son.
BONSACK FAMILY PRACTICE
PARCEL XII (1.927 AC) HUNTRIDGE ROAD
BEGINNING at an old pin found on the northerly right-of-way of Huntridge Road,
said point being designated corner no. 1 on plat entitled Urban Class ALTA/ACSM
Land Title Survey for Healthcare Realty Trust Incorporated by ▇.▇. ▇▇▇▇▇▇ & Son
dated October 17, 1996; Thence along the northerly right-of-way of Huntridge
Road, N 41(Degree)27'50 W. 352.29 feet to an old pin found, said pin being the
southeast corner of the Roanoke County Board of Supervisors property, designated
corner no. 2; Thence leaving Huntridge Road and along the easterly boundary of
the Roanoke County Board of Supervisors property, N 48(Degree)32'10 E. 138.26
feet to an old pin found, said pin being the northeast corner of the Roanoke
County Board of Supervisors property and being on the southerly boundary line of
the F & W Community Development Corp. property, designated corner no. 3; Thence
along the southerly boundary of the F & W Community Development Corp. property
the following:
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(1) S 40(Degree)43'05 E. 24.56 feet to an old pin found, corner no. 4
(2) S 68(Degree)43'05 E. 165.00 feet, to an old pin found, corner no. 5
(3) S 80(Degree)13'00 E. 115.00 feet, to an old pin found, corner no. 6,
(4) N 76(Degree)26'30 E. 127.28 feet to an old pin found, said pin
being the southeast corner of the F & W Community Development Corp. property and
also being on the westerly right-of-way of Challenger Avenue, designated corner
no. 7; Thence along the westerly right-of-way of Challenger Avenue, S
42(Degree)07'00 W. 80.00 feet to an old pin found, designated corner no. 8;
Thence continuing with said right-of-way, S 37(Degree)49'00 W. 200.48 feet to an
old pin found, designated corner no. 9; Thence continuing with said right-of-way
S 42(Degree)11'10 W. 94.30 feet to an old pin found, designated corner no. 10;
Thence leaving the right-of-way of Challenger Avenue and along the northerly
right-of-way of Huntridge Road with a curve to the right whose radius is 25.00
feet, an arc distance of 42.04 feet (ch = N 89(Degree)38'20 W. 37.26 feet) to
the POINT OF BEGINNING and containing 1.927 ac. and being as shown on the
aforesaid plat by ▇.▇. ▇▇▇▇▇▇ & Son.
Together with a perpetual, non-exclusive easement and right of way 15 feet in
width for sanitary sewer lines as shown on Proposed 15' Sanitary Sewer Easement
to be Granted by F & W Community Development Corp. to ▇▇▇▇▇ ▇▇▇▇ Building Corp.
on that plat of survey dated March 9, 1992, prepared by ▇▇▇▇▇▇▇ Associates,
P.C., of record in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, in Deed Book 1364, page 24. Said Deed of Easement recorded in the
Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Deed
Book 1364, page 20.
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HOUSE AND PROPERTY ON ▇▇▇▇▇ ROAD
PARCEL XIII (1.489 AC) ▇▇▇▇▇ ROAD
Beginning at a 40 white oak on the south side of ▇▇▇▇▇ Road, S.W., said white
oak being approximately 847 feet southeast of the intersection of ▇▇▇▇▇ Road,
S.W. and Va. Route 419; Thence leaving said white oak and along the southerly
right-of-way of ▇▇▇▇▇ Road, S.W., N 72(Degree)45'36 W. 93.09 feet to an old pin
found, the ACTUAL POINT OF BEGINNING, said point being designated corner no. 1
on plat entitled Urban Class ALTA/ACSM Land Title Survey for Healthcare Realty
Trust Incorporated by ▇.▇. ▇▇▇▇▇▇ & Son dated October 14, 1996; Thence leaving
the southerly right-of-way of ▇▇▇▇▇ Road, S.W. and along the northerly boundary
of ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇., Et Ux properties, S
84(Degree)00'00 W. passing an old pin found on line at 64.42 feet, in all,
149.50 feet to an old bolt found, designated corner no. 2; Thence along the
westerly boundary of the ▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇., Et Ux property, S 00(Degree)59'00
W. 158.00 feet to an old pin found on the northerly boundary of an old private
road, designated corner no. 3; Thence along the northerly boundary of said
private road, S 57(Degree)19'32 W. 173.13 feet to an old pin found, said point
being the northerly corner of ▇▇▇ ▇, ▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇ ▇▇▇▇ and the southeast
corner of the ▇▇▇▇ ▇. ▇▇▇▇▇▇ property, designated corner no. 4; Thence along the
easterly boundary of the ▇▇▇▇ ▇. ▇▇▇▇▇▇ property, N 13(Degree)09'47 W. 215.04
feet to an old pin found, designated corner no. 5; Thence continuing with the
easterly boundary of the ▇▇▇▇ ▇. ▇▇▇▇▇▇ property, N 05(Degree)56'38 E. 197.36
feet to an old pin found on the southerly right-of-way of ▇▇▇▇▇ Road, S.W.,
designated corner no. 6; Thence along the southerly right-of-way of ▇▇▇▇▇ Road,
S.W., S 66(Degree)56'32 E. 353.93 feet to the ACTUAL POINT OF BEGINNING and
containing 1.489 ac. (64,877 sq. ft.) and being as shown on the aforesaid plat
by ▇.▇. ▇▇▇▇▇▇ & Son.
END OF EXHIBIT A
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