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LEGAL APPROVAL *' Ex H I B , T "A" ../ '.:~ . .. All that part of section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, lying west of the West line of Rousseau's Subdivision as' recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; east of the east right-of-way line of U.S. Highway No. I, and Nort of the westerly'.extension of the South line of Lot 2 of said Rousseau' 5 Subdivision;. except the northerly 50 feet thereof taken for S.E. 15th Aven AND ALSO all that part of Lots 1 and 2 of Rousseau's Subdivision as record, in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; except that part taken for S.E. 15th Avenue; and more particularly describe as follq.....s: .. CG C"'oooI C) a... BEGI~~lING at a point in the West line of said Lot ~, distant 50 feet South of the Northwest corner thereof; thence N. 89 - 41' - 13" East along a linE parallel with and 50 feet South of the North line of said Lot 1, a distanCE of 83.00 feet to a point said line also being the South right-of-way line c S.E. 15th A~enue; thence S. 85 - 32' - 58" E., also along the 'South riaht- of-...:3.'1 line of said S. E:.~_~.~.'.A:e:-...:.:;~.;..~_di.st~nce of 320.74 feet to a point the:-.-:e S. 00 - 18' - 47~~!:E~.~::a...d~s-:=:-:cec..of.-".~05'.00 feet to a point; thence S 72- 42' - 45" E., a ~i~-(a)lce:pi.. ~.o';]~ fe~'t;~...~6~'.~ point; thence 5 00-18' 4?" E., a distance o4f?o~r.!~~~~_~ij:~~]y~~~et;L~~~e N 89 - 41' - l~" E., a d1.stance of 21.07 feet,.~~~RQ~t;,:thences 0(}~:.~,18' - 47: E., a d1stance 0 298.00 feet, more o~~~s;~~'~~~~~'~~cti~n~~~;~he westerly right-of-wa 1 ine of the Intrac~~~.~] ~~e.x;:waXf? t!.i5~:;c~.....~...i07~::;.;":.~-2.J. - 50" W., along a westerly ri~ht-of-~J'.,,:}.in~o~U~ E.Z}t_tacf~~a1:.:,)l~~erway a distance of 35.9 fe:t to a po~nt; theI}.s=_~ s'a9 ~~l' ;j}}-'l"~~!"a dTs~ance of 125.00 feet to a pOlnt; th:nce S. 07 ~~07' ~~~~~~~if.~~~~~lle~~~th the westerly :ight-of way of sa1d.lntracoa~l wa~~,~~~~~~~~ce o~(SO.OO feet to a p~1.nt on the South Ilne of s~<r,Lot t;~~~,;,~s1"4~~- ~lJr - 13" w. ,along sa1.d line 0 Lot 2 and the,extens1.o~~~terI~.tO~r~of, ~.~~tance of ~69.33 feet, more 0 less, to a pOJ.nt on the~f.~~~:-:9:f;~~.r{.;1:fge of.U.S.H1.gh,,:-,ay No. I! thenc N 04 57' - 25" E., alonq~~~~~~~~~,~~~~f:way lIne of saId U.S. H1.ghway No.1, a distance of 225.a~~~~~tq~~~~~~:~. of a curve to the left, conca to the West, having a radius ofJ!.29l4:'93'-feet and a central angle of 03 - 55' - 10"; thence Northerly along the arc of said curve, a dist'a-nce of 199.40 feet, to the P.T. of said curve; thence continuing along the East right-of-~ay line of said U.5. High~ay No.1, N. 01 - 02' - 15" E., a ~i5tal of 27.09 feet to a point; thence N. 89 - 43' - 15" E., a distance of 150.00 feet to a point; thence N. 01 - 02' - 15" E., along a line parallel with th~ Eas~ right-of-way of said U. S. Hig~~~y No.1, a distance of 150.00 feet to a p0i~t on the South right-of-~~y line of said s. E. 15th Avenue; thence N, 89 - 43' - 15" E., along the said Sc~th right-of-way line of 5.E. 15th Aven. a dist:ince of 170.15 feet to the PO:~;:- OF BEGINNING and containing 9.89 acn 0: la~~, mG~C or less, en ('I") Ie) C'I" IlC ( ,.. ... - ~ . ~ . -:' . _ .. r . . - . . ,. -.- , c e ... '"" c ~ \: ~ Q , = :: : P.:l ,. ~ - C\...f:<~ c.:;:-. .. I ,-. ;<~ , . ASSJGNME"1' 01" BEN:=;FIClI.L INTERZST IN L..ND 'fRUST Miami. Florid. '. . '. Date _.__._.?.~::>.l?~=:-.-~.~._.._._....__._. ) ~.~e FOR VALUE RECEIVED, We hereby sell. assign, l.ansrer a'nd set over unto__~~~.~~.9..~_.~~.~~~....._...u_... .. oft; . .~.~~9~.!~~.~ S {_ ~-~he",! ..!!?.~~_..~l!l!.~!~.q-_._.._._---.- _ a _.Q.J).~._h.~~.9..~~.g....P.~.?;:~.~.!l!;._J J.Q_Q.~.>'._._..._.._.....___.__....._ arLners ~p, ;." . . . undivided interest, including the power ~f direction in, t~ and under that certain Trust Agreement, dated the ..~.~~ day o( ...... October_.................... A.D., 19...?,?... and known' as Trust Number ....?J.J~:::?.......... 01 CITY N^ TJON^l BANK OF MI^MI, Mi ami. Florida. Th "t 1 f 'd . . t d d" 'd T 1 A 15 one hundred e meres 0 sa1 a~slgnor ln, 0 an ~n er S:11 rus greemcnt represen a _....._......__._.......__.._....._..___.._ _J~.==-.c::_en.~__~~_ 00.' ) _______......_._._.__......__.._..._.~_.__ .__.___..__.._....____~._..._._...._....__._.__..._..._......_.____._.._...._..._:._ interest. in the premises described therein.. including the power of direction thereunder, and this Assignrr.enl " d" "d d nne hundro~ per""ent l' OOelL ., 1 l' II ("d . d'd cove:-s .m un IV) e --loe...._._..._............._~.""._. .....__l><..._.......___ ~...._.~_ ___ 1n cr es m a 0 sal premIses an sa) power or direction. ,?subject to a Collateral Assignmerit of ev.en date herewith from assigr WITrES~ tdJ/ MICHAEL H. GOODMAN, TRUSTEE FOR f~( _ METALLURGICAL PRODUCTS COMPANY /~~ RETIREMENT PENSION PLAN AND TRUST ~~f3-~~ /. By : I)/r~M~ . ichael H. . . . . (ACCZPTAI\'CZ) We, roe unnersigned, being the assignee I above mentiGned, hereby accept the foregoing assignment sub. ~('ot to aIr of thp ~erms and provisions of sai~ Trust Agreement. :;r B:'A:~::hO[:1 H1~rous General Partner ( (Seal) c/o Howa):d D. Brous . 4 Kings Terrace Address Kings Point, New York 11024 . ~~orJ-~~- "7~" . Aii 9 rQ[S ...:..-...._.-'-..~..~..:'- :~'7>....._.d:-A~-==."'-=r:"f.?::.- (Seai) (Se21) - - _.-.-------;------- _.....__._..__........_._._..___ (S c al) A ci ci r ess _......_...._.___...._._...__....__._..........._..__._......_.. -__ ____.___ Received a dupJic;;tc of the foregoing assi~nmcnt and acccpl;;nce, :-..I('d a\ l.li..mi, Florida, thi~ ./ r~ .../~....~............. CT~Y NATIONAL BANK OF MIAMI, Miami, Florida Trustee and Not Individually ..jay . ~ - - , - ,. z' 80 "r ____ - ..C J: 1'_Lut.. / _~ __, A D., ] y__ By: . . (i'\'(dc: Tr.i:. ..:.sit:~,r:-.en: !.:..,::, ,;:: i:. ('.("CulrO in'dui'li(;ll~ by both ..~!.iLnor ;':-\~ :t~.s.il:nre. On~ cHculr-C ("("1')' i~ 10 be :'UC \oIl.}. C;-;-: ~:1,7J~\~:,t..:'" r~;..:;;.: c: 1.~)n~1. I.~;;;r.li, Florida, ::.nd H.c cL;l'li,~I~ o:i~;r,;al i!. Ie. l.c jooLr: ....;c. Ii.~ (i!.- i . r:" I : ~ !. , " . ~. ~; ~ :. c ,,1 . ~ ;; ~ ~ C': l r ; .;11 (; : C ( r: i r i f" d r 0 r)' 0 f I he T ru S I J.. L I (. C :;-. c n I .) Tr.! I f'r; ;.r::: ,..! . . ~.~ I :- . , .' a :.~.): COMMONWEALTH OF PENNSYLVANIA } SSe COUNTY OF PHILADELPHIA } On this 30th day of October, 1980, before me, a Notary Public of the Commonwealth of Pennsylvania, personally appeared MICHAEL H. GOODl~, TRUSTEE FOR METALLURGICAL PRODUCTS COMPANY RETIREMENT PENSION PLAN AND TRUST, who acknowledged himself to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrumen,t for the purposes therein contained with authority to do so on behalf of METALLURGICAL PRODUCTS COl~ANY RETIREMENT PENSION PLAN AND TRUST and that it shall be recorded as such. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. .P .//./7 ~ >.n c.<j tJ-tL NOTARY PUBLIC / CLARA M. ViOLl.. _ ./ No!ary PJcli:. Pr.: 1... ~. ~~: " C" Mf Commission Ex~lT;~ ,I .;. ~,I I I .-' --------~ COMMONWEALTH OF PENNSYLVANIA ) . . 55. COUNTY OF PHILADELPHIA ) On this 30th day of October, 1980, before me, a Notary PUblic, personally appeared HOWARD O. BROUS, a General Partner of BOYNTON BEACH ASSOCIATES, who acknowledged himself to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument for the purposes therein contained with authority to do so on behalf of BOYNTON BEACH ASSOCIATES and that it shall be recorded as such. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. -..-i:.j"n -i Ll '/?? '2 ~ ,I tL-f..i.- NOTARY PUBLIC I" et.ARA M. WOlL .../NcJtary PubliC. Ph"". Phila.CO. Ny Commission expires March 14. 1 aG3 -----......~ ... STATE OF FLORIDA ) . . ss. COUNTY OF DADE ) .. I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take oaths and acknowledgments in the State and County aforesaid, perso:pally appeared FRANK G. BRIGANCE, JR. , ...~. r...~,:". ..;...;J,_.....~ .. of CITY NATIONAL BANK OF MIAMI, Miami, Florida, as Trustee una~r Trust No. 5148-6, to me well. known to be the person described in and who executed the foregoing instrument, and acknowledged before me that .he executed the same for the uses and purposes therein expressed. WITNESS my hand and official seal at North Miami, said County and State las't aforesaid, this /0 lJ:::- day of~-"J-y\.-tlA-._, A.D., 1980. ^'-:~,:,~ . ~ t.. If '. ':'" ,., ~ ,. . - , "'.., . . ....... \\""_'U'WUlt,r",, ,\ ,,- "'1.1 'I, ,\ ~ '-' - . {,,., .,., ,,\' . ..........(; '~ ,'.. ~c: ~ ~.. <.. ~ .... ... E ~' .. ~~ -. :. FLORIDA .. . ..: ., ,.. .. 1'- .. \..: : ~ . .. . .... " " My commission expires: .. '..t., .,' , lOlrge , '., !.'dJ , ,.--.... (, OJ \....J .. ~. ~ s~~~,. . ~ . ~) ~ ~, ~~ L\I(' ..~, "\ ,. - 0.... .."... t;,U~ S':i :7 ~~\'...' ~6'l.~~O~ ~~ , ~o'(~ ~ )L~1~ ASSIGNMENT AND ASSUMPTION OF LEASE c.. C") t:'::> C) m C) KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, receipt and adequacy of which is hereby acknowledged, MICHAEL J~ GOODMAN, TRUSTEE FOR METALLURGICAL PRODUCTS COMPANY 0;") RETIREMENT PENSION PLAN AND TRUST, a Pennsylvania Trust, having an offi~e at 810 Lincoln Avenue, West Chester, Pennsylvania 19380 (hereinafter called "Assignor"), hereby transfers, assigns, sells c.., lJ') ( 6: and sets over unto BOYNTON BEACH ASSOCIATES, a New York Limited ;...: Partnership, having an office c/o Howard D. Brous, 4 Kings Terrace, ~ Kings Point, New York 11024 (hereiriafter called "Assignee"), and . ('J I '~l~ Assignee hereby assumes, all of the right, title and interest of the w.. ; '-' ~7~: Landlord under that certain Lease dated as of even date herewith between Assignor as Landlord and E & H Properties, Inc. as Tenant, for property located in Stratham, Rockingham County, New Hampshire, more particularly described in Exhibit "A", attached hereto and made a part hereof, and property located in Boynton Beach, Palm Beach County, Florida, more particularly described in Exhibit "B", attached hereto and made a part hereof. I~ Dated: As of October 30,1980 If 7\7 l~//V U/L~rL MI CHAEL I! GOODMAN, TRUSTEE FOR METALLURGICAL PRODUCTS COMPANY RETIREMENT PENSION PLAN AND TRUST By: /-...... / .., }Lu/~;' I~,' <: v' Michael)1'. //, \./ #u,tifv#~ CD -=-' an <::) 0.. WITNESS: co C.Q ... ("f") ~ ~~ '-...-'i' / . / I -K~/. .J 4../:_/~~0)cI- , / ;1 , II, / ..... \. - By: ' BEACH ASSOCIATES .... EXHIBIT A ALL that certaIn ~ract or parcel o~ 1and'contnin1riB 20.73 Bcres. situate in the TO\1n of Strathcuu, County ~f ~ocidngha.r.1 and Sto.te of Nev Hampshire, as shoun on 0. "Plan of Land. Stratham, New Hampshire, Pantlin & Chanonie Developlncnt Corp. .&. Strntham Ass.oc1ates", prepo.red by John W; DurGin, C.E., and do.ted Februnry 1974, Plan No. 5306-1, which plan vas recorded June 11, 1974 in Rockingham County Registry or D~eds, Plan No. n4542, and which'parcel is bounded and described as tollows, to wit: . . '. BEGINNING at an iron ,pipe on the Southe~sterly side of Portsmouth Avenue (0.180 known as Route 101) (100 feet ~~de), at a corner of land now or ~onQerly of Lionei. R. Labonte, said iron pipe being located North 680'10' West 340.48 ~eet from the Southwesterly-most corner of the 'building now situated on the prop~rty herein described; thence extending along the Southeasterly side o~ Portsmouth Avenue on the arc of a circle curving to the .right, having a radius of 905.00 feet, and B leneth.o~ 287.74 fe~t,~~~~an iron pipe, b~ing B point of' tangent; thence cont1nuina along the Southeasterly side of Portsmouth Avenue " North 340 53' East 404.32~ feet to an iron pipe set for a point-.o,f"curve; thence continuing along the Southenr.terly ~ide of Portsmouth Avenue on the arc of a circle curving to the lef~ having n radius .or 2915.00 feet, and n. length of 205.81 feet to a point being a corner or lancl now or for.mcr1y.o~ George C. Shaw. Co.; thence leaving the Southeasterly side of Portsmouth Avenue and extending South (Or 26' East along snid lnnd now or fOl~erly of George C.'Shaw Co. and lands o~ Peter F. 'Puntlin o.nd J. H. Chananie, ext~ndine throU{~h a pump hc.ur.e and crossinc over &. 1"cnced in pond) a distance of 984 .Ol~ feet to e. point on the south- ctlsterly line of the premises described herein and along lnnd now or formerly or \~. G.. Parkman; thence' extendina alona line of llmd noW' or .formerly of. W. G. Parr..man, the rollowine eleven (II) courses nnd di::tances: (1) South 26'" ~6' 30" ""est 50.64 feet to an iron pipe; (2) South 320 31' 30" '''est 169.35 feet to a~ iron pipe; (3) South 390 16' 30" West crossinc over a brook 188.94 reet to nn iron pipe; (4) South J~3. 35' l-lcs't 119.93 t"eet"to'nn iron pipe; (5) Eouth 330 03' 30"'West 57 .35 fe~t to o.n iron pipe;.:' (6) South 61 c 29~ "'est recrosaing the nfore- ccdd brook 89.67 feet to a~ iron pipe set on the northwecterly side of coid br.ook; (ot) South 630 35' 30" l:est 49.82 feet. to a T\-rin Oak Tree; (8) South 330 10' 30" \-:est. .109.89. feet to o.n iron pipe (9) South 250 15' 30" Hest 65.08 feet to nn iron pipe; (10) South 460 34' West 2".2'. feet to an iron pipe; .(11) South 1180 27' \'lest for a distnnce of . 11,2.00 feet to nn iron pipc. m:lrking the southen!;terly corner of t.he 'premi~es dc~cribed herein along land ~ow or ~onacrly of Lionel R. Labontc; thence cxtcndine alone land Po\( or formerly of Lionel R. Labonte .~orth 50. 58' llect 816.63 feet to the first mentioned point and plo.r.e or beginning. . " ~'oc.cther with ri~hts and ca~cmcr,ts'for the benefit of and running with r.nid parcel, nll as sct forth ir. a certain Reciprocal En~e~ent ^eree~cnt bet~cen Strnthnm /\!;'!'oCi(,tes and Georce C. Sha~ Co;npony, atlted June 20, 1974 J and recorded in Jiockin~ha.":1 Count~r HCGictry of' D~eds' on J~e ~6 J 1974 in Deed Volume 2223, Face 735, ~s cr..endcd by in~tr~~cnt doted ^U&~6t 22, 197~ recorded vith soid Registry on AUGust 27, 1974 in.Deed Vol~~e 2226~ pase 1404. """'- - Ln Q a.. co CD ... ~ - r ... EXHIBIT B All that part of Section 33, Township 45 South, Rauge 43 East, Palm Beach County, Florida, lying west of the West line of Rousseau's Subdivision as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; east of the east right-of-way line of U.S.Highway No.1, and Nor' of the westerly extension of the South line of Lot 2 of said Rousseau's Subdivision, except the northerly 50 feet thereof taken for S.E. 15th Avez AND ALSO all that part of Lots 1 and 2 of Rousseau's Subdivision as recor, in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; except that part taken for S.E. 15th Avenue; and more particularly descrit as follows: BEGINNING at a point in the West line of said Lot 1, distant 50 feet South of the Northwest corner thereof; thence N. 89 - 41' - 13" East along a lin parallel with and 50 feet South of the North line of said Lot 1, a distanc of 83.00 feet to a point said line also being the South right-of-way line S.E. 15th Ayenue; thence S. 85 - 32' - 58" E., also along the South right- of-way line of said S. E~.~~~~~n~~~~~~~~ance of 320.74 fe7t to a poin' thence S. 00 - 18' - 471i.~;~!~~:"'d~stance~~~~~?'~.00 fe7t to a po~nt; thence S 72- 42' - 45" E., a ~~1~.~_llpe t9~~f:~2~.fe~)~~~o>a po~nt; thence S 00-18' 47" E., a distance of~~.::SU..f~.O:~f~E~~.':.:-.~I'P'Qi-n~t.,.t;.lience N 89 - 41' - 13" E., a distance of 21. 07 f~~%-'\t.9~F-~l;rm;f~t:l};in]'~'~ ~~~.:~18' - 47: E., a distance c 298.00 feet, more ~f2:~ta~~~'.J?o~anz;.~'~~l:"Sectl;o~~t.~. the westerly right-of-wa line of the. Intrac?ca~~J:.:~~-. ~~~e~a;(:#' t,~~I.?c~R!~1~::;:~'0..:7'~ - 50" W:, along a wester ly r~~ht-of~~c:l~i~il.n~::)O~~.:th~ t.Ilt;facge.~t:al~~~~terway a dJ.stance of 35.9 feet to a pOJ.nt: thence S<89 ':~.;4l.il-a~"rw:::.,~'a aistance of 125.00 feet to a point; thence S. 07 ~~07' ~~q:~~~1~~~~~~~~le~.~with the westerly right-of way of said. Intracoa7~al wat~q:~~~~~q~'~~.~!,ice 0(:'.80.00 feet to a pc;>int. on the South 11.ne of sa7d~ Lot ;2 ;L~t-Ji~;q,.'S.lr~~;;!~" - ~~ ~.:.. - 13" W., along saJ.d ll.ne 0 Lot 2 and the.extensl.o~;~~~:rlrp~,F~of, a~~~stance of ~69.33 feet, more ~ less, to a pOl.nt on the~~~~~~gfl~:~~~~~~~~~e of~U.S.Hl.gh~ay NO.1: thenc. N .0.4 - 57'. - 25" E., along~1t}~.s!f~f';"$~~~!}~;~~;-way l~ne of sa~d u. S. Hlghway No. .1, a dl.stanc7 of 225.~~.~~~t~?\~~!9~~~;:"';''C. of a curve to the left, conca~ to the west, havl.ng a radl.uso'f~9~~'f"9~-'feet and a central angle of 03 - 55' - lO"; thence Northerly along the arc of said curve, a distance of 199.40 feet, to the P.T. of said curve; thence continuing along the East r.ight-of-way line of said U.S. Highway No.1, N. 01 - 02' - 15" E., a distar of 27.09 feet to a point; thence N. 89 - 43' - 15" E., a distance of 150.00 feet to a point; thence N. 01 - 02' - 15" E., ulong a line parallel with the East right-of-way of said U. S. Highway No.1, a distance of 150.00 feet to a point on the South right-of-way line of said S. E. 15th Avenue; thence N. 89 - 43' - 15" E., along the said South right-of-way line of S.E. 15th Avenu a distance of 170.15 feet to the POINT OF BEGINNING and containing 9.89 acre of land, more or less. CIC) - 1.1') C) Q.. ex;) CD ... C"') en r- :J) .J') ::::) J.. ;0 :.0 ... :!") X) .... COMMONWEALTH OF PENNSYLVANIA ) SSe COUNTY OF PHILADELPHIA On this 30th day of October, 19S0, before me, a Notary Public of the Commonwealth of Pennsylvania, personally appeared MICHAEL~ GOODr~, TRUSTEE FOR METALLURGICAL PRODUCTS COMPANY RETIREMENT PENSION PLAN AND TRUST, who acknowledged himself to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument for the purposes therein contained with authority to do so on behalf of METALLURGICAL PRODUCTS COrWANY RETIREMENT PENSION PLAN AND TRUST and that it shall be recorded as such. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. . fj d." ~ . K. ,'- "', . ~ i/~' ~.\../~r~ -1_>., -- NOTARY PUBLIC ! " .:. . r": ~., :i "~ . -'/ I', . :' -I? ~:e .- :. '. , '.' .. ....., "'.: :;<; -- ,," ~.,," . '''':'" ;'. ." ~ "'1., ',;..1' '.' /9~ WI~~ WI, r ~.;/2? A' ' / 17 I ~(/c~v/'-/ '-1 ULlr,.- () ikurfr- ) ~ .~' ~,--' . ~ _ ',~i~j j l' Id-' L' '1"""~' / 'j ~"- ~ ! 1 . - (" 1 '" r ....,1 '1i-jl ~ _ ~- / J./ .......- co WITNESS: (.g ...... .. , " ("I') CO I I ~ . c::> u., c::> ....... '" I. , (.., L') , r:2 : ~ ("") . (',..1 ( ( ) t ... . l._ : '-' , .' ~. <::) - U") C) 0- .... /-, (j; ~" ~ ~"'~...~~. , ,J!l S p.: & \'\\..~. G~~S 33'" ~\)~~. ~:C~. t~~r-I ,e':'t(O~ ~ ,.., . j.,V..J' ~~ \YO' MEMORANDUM OF LEASE '=.-) '.:0 '.:~ THIS MEMORANDUM OF LEASE, made and entered into as of this 30th day of October, 1980, by and between MICHAEL~. GOODMAN, TRUSTEE FOR METALLURGICAL PRODUCTS COMPANY RETIREMENT PENSION PLAN AND TRUST, a Pennsylvania Trust, having its principal office at 810 Lincoln Avenue, West Chester, Pennsylvania 19380, (herein referred to as "Landlord"), and E & H PROPERTIES, INC., a Pennsylvania corporation, having an office at 1804 Rittenhouse Square, Philadelphia, Pennsylvania 19103 (herein referred to as "Tenant"). KNOW ALL MEN BY THESE PRESENTS THAT Landlord and Tenant have entered into a lease dated as of even date herewith, for premises situate in the Town of Stratham, County of Rockingham, New Hampshire, as more particularly described in Exhibit "A", attached hereto and made a part hereof, and property situate in the City of Boynton Beach, County of Palm Beach, Florida, as more particularly described in Exhibit "B" attached hereto and made a part hereof, together with the buildings, structures and improvements situate thereon. The term of the lease shall be for thirty (30) years' commencing as of even date herewith, and terminating at midnight on September 30, 2010. Each party covenants and agrees that this Memorandum of Lease shall be used only for recording purposes and shall not supersede or replace any covenants of the aforesaid lease. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the day and year first above written. II MICHAEL $. GOODMAN, TRUSTEE FOR METALLURGICAL PRODUCTS COMPANY RETIREMENT PENSION PLAN AND TRUST r;--,J-- t ....'<..1 :.. ( ~ .. INC. Secretary ... .. :'. CI'l'Y '~IONAL BANK OF MIAMI, Miamit lorida, as Trustee unde~ ~ st No. 5148-6 ~ Not individually and personal liability, _as Trustee aforesaid. ... I' I EXHIBIT A AL~ that certain tract or parcel or land'contalniri8 20.73 Bcres, situote in the TOllO of Strathruu, County ~f :ilocidnehar.1 and State of NeW' Hampshire, as shO\lIl on a. "Plan o'f Land, Stratharn, New HaT.'lpshire, Pantlin & Chanonic Dcveloploent Corp. &. Strntham Asspc1ates", prepared by John W" DurGin, C.E., and dated Februnry 1974, Plan No. 5306-1, which plan was recorded June 11, 1974 in Rockingham County Registry of Deeds, Plan No. D4542, and which parcel is bounded ~nd described as tallows, to wit: . . '. BEGINNING a.t an iron .pipe on the- southc~sterly side of Portsmouth Avenuc (also known as Route 101) (100 feet ~~de), at a corner of land now or fonaer1y of Lionel' R. Labonte, said iron pipe being located Ilorth 680 '10' \-lest 340.48 feet from the Southwesterly-most corner of the'buildin~ now situated on the prop~rty herein described; thence extending along the Southeasterly side of Portsmouth Avenue on the arc of a circle curving to the'right, having a radius of 905.00 feet, nnd n length.of 287.74 fe~t,'~~~an iron pipe, being a point of tangent; thence continuing along the Southeasterly side of Portsmouth Avenue . North 340 53' East 404 .32~ feet to nn iron pipe set for 0. point-.of- curve j thence continuing along the Southear.terly side of Portsmouth Avenue on the arc of a circle curving to thc. lef.t having n radius ,of 2915.00 fcet, and B. length .of 205.81 feet to 0. point being a corner of lo.l1c1 now or formerly of George C. Shaw. Co.; thence leaving the Southeasterly side of Portsmouth Avenue and extending South (O~ 26' East along said land now or fOl~crly of George C. Shaw Co. and lands of Peter F. 'Puntlin and J. H. Chananie, ext~ndine throu~h a pwnp hc,"t:e and crossinc over &. fenced in pond, a distance of 984.01. feet to a point on the south- ca.:;terly line of the prcmises described herein nnd along 1nnd noW' or formerly of \~. G.. Parkman; thence' extendinG alona line of lc.nd noW' or formerly of. W. G. Parkman, tbe followin6 eleven (11) courses and di:: tances: (1) South 26 &' 40' 30" \'lest 50.64 fcct to an iron pipe; (2) South 320 31' 30" \.,rest 169.35 feet to o.n iron pipc; (3) South 390 16' 30" West cros~inG over a brook 188.94 feet to nn iron pipe; (4) South '~j. 35' Hest 119.93 fect"toan iron pipc; (5) ~outh 33003' 30" West 57.35 feet to o.n iron pipc;;(6) South 6lc 29' West recrosaina the nfore- cnid brook 89.67 feet to a~ iron pipe set on thc northwecterly side of noid br'ook; ('r) South 630 35' 30" \-:es"~ 1.;9.82 feet. to a T\-lin Oo.k Tree; (0) South 330 10' 30" \':est. .109.89 fcet to nn iron pipe (9) South 250 15' 30" \iest 65.08 fcet to an iron pipe; (10) South ~60 34' West 2'1.2'. feet to an iron pipc; .(11) South 1.80 27' Hest for a distnncc of . 1'.2.00 feet to nn iron pipc' m:J.r~ting the southcn!;terly corner of thc . premi :;es dc~cri bed herein alone land ..m1 or :fonaerly of Lionel R. Lobonte; thence cA-tcndine nlone land now or formerly of Lionel R. Labonte .North 500 58' \'lcct 816 .63 fe~t to the first mentioned point nnd plo.~c or beginninz. . . ~'ur.ether with richts and ea~cmerlts'for the benefit of and running ....ith ..fiid p:lrcel, fill n~ set forth ir. a certain Reciprocal En:>e:r.ent Acrec::lent beV.:een Strntlanm I~~~ocir.t.es and Georce C. Son..... CO;:Ipany, dated Junc 20,1974, nna. recurueu. .LI:. T\oc(;in~ho::!. Co~nty l:cGid.r'/ 0:: Deeds' on JllnC 26, 1974 in Deed VolUI:lc 2223, Puce 735 J GS cr..ended by in~tr~~cnt doted ^US~6t 22, 1974 recordcd with ~o.id Regi&try on AUGu~t 27, 197~ in.Deed Vol~e 2220) pa&d 1404. - - U") o 0..; CQ CO .;; . (Y") CD .... EXHIBIT B All that part of Section 33, TownshIp 45 South, Rallge 43 East, Palm Beach County, Florida, lying west of the West line of Rousseau's Subdivision as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida: east of the east right-of-way line of U.S.Highway No.1, and North of the westerly extension of the South line of Lot 2 of said Rousseau's Subdivision, except the northerly 50 feet thereof taken for S.E. 15th Avenul AND ALSO all that part of Lots 1 and 2 of Rousseau's Subdivision as recordec in Plat Book I, Page 14, Public Records of Palm Beach County, Florida; except that part taken for S.E. 15th Avenue: and more particularly describec as follows: BEGINNING at a point in the West line of said Lot 1, distant 50 feet South of the Northwest corner thereof; thence N. 89 - 41' - 13" East along a line parallel with and 50 feet South of the North line of said Lot 1, a distance of 83.00 feet to a point said line also being the South right-of-way line of S.E. 15th A~enue; thence S. 85 - 32' - 58" E., also along the South right- of-way line of said S. E~.~~~~~~~nue~~~~:.gAstance of 320.74 feet to a point; thence S. 00 - 18' - 47;I~;t'~~-:~,:'d1.stance~~f~05~.00 feet to a point; thence S 72- 42' -.45" E., a ,"~~'j,~~p~' tet; 1-9~Jj",~e~~~~~C?~a point; thence S 00-18' 47" E., a d1.stance O~{.4?~~.e.:rflr~~~~~~~:J?.9:'!-J1W~.~ljence N 89 - 41' - 13" E., a distance of 21.07 f~~.tJ'i-to~~~~I}~}~f:9~~&~,~_'~r~.,..1~' - 47: E., a ~istance of 298.00 feet, more op.,;;--;~~s.~',~ri'ftan~~n~rsect:l;~n\.!?;.~ the westerly rJ.ght-of-way line of the. Intracct~.~J~.~~'. ~~~e~a~)r t,~~~c~~:):..~/(i~,~J'~ - 50" w:' along a westerly rJ.~ht-of~~aYii1.n~~o~~n~ ~~~~acge~~a~i~~terway a dJ.stance of 35.98 fe7t to a pOJ.nt; the~~.~ S <~:~ ..:,{~l it &~iJ" ~~:'.?.~-a q.~~~ance of 125.00 fe7t to a p01.nt; th7nce S. 07 ~~:p7' ~~R~~~~~~~&~ef.~lle~,wJ.th the westerly :J.ght-of- way of sa1.d.Intracoa7~al wa~~E~~~s~q;~t~~ce o~: 80.00 feet to a pOJ.nt on the South lJ.ne of saJ.d~Lot 2;t~~~~:~<S~~~'~~~;.:~.9'''- 4l~'-13" W.,along said line of Lot 2 and the extension..':~esterly-\-iili~r..eof#' a distance of 669.33 feet, more or less, to a point on the~~~~~~~~~~~~~~~r~~e of~U.S.High~ay No. l~ thenca N .0.4 - 57'. - 25" E., alon9~r~~~~~f:~~$~~E;~~~-way lJ.ne of sa1.d U.S. H1ghway No.1, a d1.stanc7 of 225.~~~~~t}.~p~:~~~~~~~~. of a curve to the left, concaVl to the West, hav1.ng a rad1.us o"f~9'l~,,;->93"'feet and a central angle of 03 - 55' - 10"; thence Northerly along the arc of said curve, a distance of 199.40 feet, to the P.T. of said curve; thence continuing along the East right-of-way line of said U.S. Highway No.1, N. 01 - 02' - 15" E., a distanc of 27.09 feet to a point; thence N. 89 - 43' - 15" E., a distance of 150.00 feet to a point; thence N. 01 - 02' - 15" E., along a line parallel with the East right-of-way of said U. S. Highway No.1, a distance of 150.00 feet to a point on the South right-of-way line of said S. E. 15th Avenue; thence N. 89 - 43' - 15" E., along the said South right-of-way line of S.E. 15th Avenue a distance of 170.15 feet to the POINT OF BEGINNING and containing 9.89 acres of land, more or less. N .- \f') o c.. CX) CD 4- ('f') cg ('I') - U") c:::;) a.. co CD -III' ('r) CO .... COMMONWEALTH OF PENNSYLVANIA . . ss. COUNTY OF PHILADELPHIA On this 30th day of October, 1980, before me, a Notary Public of the Commonwealth of Pennsylvania, personally appeared fI MICHAEL ~. GOODl1.AN, TRUSTEE FOR METALLURGICAL PRODUCTS COHPANY RETIRElffiNT PENSION PLAN AND TRUST, who acknowledged himself to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument for the purposes therein contained with authority to do so on behalf of METALLURGICAL PRODUCTS COIWANY RETIREMENT PENSION PLAN AND TRUST '!"?:." ~. ... and that it shall be recorded as such. . IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~ . ~j t?{2rl~ ~ NOTARY PUB IC :: r" -;:' ~ ~ :: . '. - . .' . . " : . ~ .' ::. ro' .. I ." ,. , . -' . ..' r.... .' ;'1 COMMONWEALTH OF PENNSYLVANIA ) . . SSe COUNTY OF PHILADELPHIA ) On this, the 30th day of October, 1980, before me, the undersigned Notary Public, personally appeared EDWARD LIPKIN and HOWARD N. BROWNSTEIN, who acknowledged themselves to be the President and Assistant Secretary, respectively, of E & H PROPERTIES, INC., and who acknowledged the execution of the foregoing instrument on behalf of that corporation for the purposes therein set forth pursuant to authorization contained in a proper resolution of the Board of Directors of that corporation. II~ WITNESS WHEREOF, I have hereunto set my hand and official seal. ,,' ,.. L~. dJtlC. -- NOTARY-PUBLIC;' '.... ....,. . ....~ . . I ~. d ~' ..... Ln o a.. 00 co 04- C'r.>> CD ." . STATE OF FLORIDA ) . . ) SSe COUNTY OF DADE - .- I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take oaths and acknowledgments in the State and County aforesaid, personallY appeared FRANK G. BRIGANCE. JR. , SENIOR VICE PRESIDENT" f " " TRUST OFFICER 0 CITY NATIONAL BANK OF MIAMI, Mlam1, Florida, as Trustee under Trust No. 5148-6, to me well known to be the person described in and who executed the foregoing instrument, and acknowledged before me that .he executed the same for the uses and purposes therein expressed. WITNESS my hand and offici~ seal at North Miami, said County and state las"t aforesaid, this 10........- day of ~ A.D., 1980. ""II" """ \" C. Wi" ,,\\ :-t.\,~ "Ta "" ", \~ ........ ~C'/'.... ,....' ..- -.. ~ ,. .- . .- · ..c4--A t- .. ~ f' ~". I:- .. 4.. I _ My commission expires: r "'" F'<" :"'.,' , ,.' ;.1,,(id3 at Large M,,J,C" .m' ':;:'S';~~1'r.."~r~s 'r:;-a;ch 11& 1983- y 0 I II",} JoJa .."..... 'W T OF FLORIOA : ~ . . - ': .JI/-'L'f-:: :. ,.0.. -' _ \ . ~(.,J ~ -:- .....-:' e. .. ":!.: --;, ,/~. e. ... .... ..,,'" " <- C........ :\ '-' " "'",; FLORID~ ~ ,-,..,,, "tt"UUaJ.~~ , J LI") - U") c:::1I a.; ReCOrd Verified ?3/m Beach County. Fla John B. Dunkle Clerk Circuit Court co (,Q ... "" ~