HomeMy WebLinkAboutSUB201800198 Other 2019-07-15DESTINY OF LYNCHBURG, LLC
WRITTEN CONSENT OF MEMBERS IN LIEU OF A SPECIAL MEETING
December 13, 2018
The undersigned, being the members of Destiny of Lynchburg, LLC, a Virginia limited
liability company (the "Company"), do hereby consent and agree to the following action taken
by written consent in lieu of a special meeting:
WHEREAS, whereas the Company owns an unimproved lot on Avon Street, containing 4.38
acres, more or less, situated in Albemarle County, Virginia, which property is
identified on the tax records of the aforesaid county as TMP 07700-00-00-011170
(the "Property"); and
WHEREAS, the undersigned desire to authorize and direct the Company to sell the Property
(the "Sale") pursuant to that certain Purchase and Sale Agreement dated July 13,
2017, as amended (the "Contract"), and to execute the Contract, the Pre -Closing
Approval Documents as defined in the Contract, the deed, affidavits and all other
documents necessary to effectuate the Sale (collectively, the "Transaction
Documents").
NOW, THEREFORE, be it:
RESOLVED, that it is in the best interests of the Company to enter into the Transaction
Documents to which it is a party, and the Company is hereby authorized to enter
into the Transaction Documents to which it is a party;
RESOLVED, that Ludwig Kuttner and Scott Leopold (the "Authorized Persons") are authorized
and directed to execute in the name of the Company, to acknowledge where
required, and to deliver to the parties entitled thereto, the Transaction Documents;
and
RESOLVED, that the Authorized Persons are authorized to take such further actions in the
name and on behalf of the Company, including without limitation, the
preparation, execution, acknowledgment and delivery of such additional
agreements, documents and certificates under the Transaction Documents and the
transactions contemplated therein, as the Authorized Persons may deem necessary
or appropriate to carry out the intended purposes of the foregoing resolutions.
Pursuant to the provisions of this consent, no person shall be required to inquire into the
authority of the Authorized Persons to execute the Transaction Documents on behalf of the
Company. Third parties dealing with the Company shall be entitled to rely exclusively upon the
power and authority of the Authorized Persons as set forth herein. This consent shall be
effective as of the date first above written. Facsimile and electronic signatures shall constitute
original signatures. This consent may be signed in counterparts.
[SIGNATURE PAGE FOLLOWS]
(2569432-1, 119487-00001-03)
[SIGNATURE PAGE TO WRITTEN CONSENT]
MEMBERS:
ildolk
Ludwig Kuttner, Member and Managing Partner
S eopold, ember and Managing Partner
(2569432-1, 119487-00001-031