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ca/Sirf/Docmn/34JFlQ63/5/AL 15 672 711 ___ ______

.,
BBPORB Mt:re
2009 -Q1- 0 6

: the
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undersigned Notary in and for the
Province of Quebec, practising in
the City of Westmount;
A P P BARB D:-
6040993 CANADA INC. , a 'body politic and
corporate, duly incorporated in virtue of the
Canada Business Corporations Act, having its
Head Office and principal place of business at
herein acting and represented
by 'l'EBJlY POMERANTZ
its President
hereunto duly authorized for all purposes hereof
in virtue of a Resolution of t he Board of
Directors of the said Company passed at a
Meeting thereof duly called and held on the
seventeenth day of July, Two thousand and eight
(2008), a certified extract whereof remains
annexed to the original of the Deed of Sale
executed before Mtre Notary,
and bearing Number 1170 of his original notarial
Minutes;
WBZCB said Vendor does hereby sell ,
assign and make over,
0 NT 0 : -
12P-1522
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9134-3004 QUUEC INC. , a body politic
and corporate, duly incorporated in virtue of
the Quebec Companies Act, Part I A, having its
Head Off ice and principal place of business at
here i n acting and r epresented by LEONARDO RIZZUTO
ita President -----------------------------
hereunto duly a ut horized for all purposes he r eof
in virtue of a Resolution of the Board of
Directors of the said Company passed at a
Meeting thereof duly called and held on the
Thirty f irst day of Deceaber . Two thouaand and eight (l008)
a certified extr act whereof r emains annexed
hereto afte r having been acknowl edged as true
and signed for identification by the said
r epr esent a tive with and in the presence of the
undersigned Notary.
BERE:INAF'l'ER CAIJ.ED THE "PURCHASER"
and accepting , as
Purchaser, t he f ol lowi ng
namel y:-
immoveabl e property,
DBSCIUP'l'J:ON 1
c ertain emplacement held in co-
ownership and situated in the City of Montreal,
Province of Quebec, known and designated as
being composed as follows : -
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(A) Lot number TBRD MILLION I"'OR HUNDRED
EIGB'l'Y-SIX THOUSAND I"'OR BONDRED TWENTY- EIGHT (3
486 428) on the Cadastre du Q u ~ b e c Registration
Division of Montreal, bei ng the exclusive unit;
(B) Lot number THREE MILLION J"'UR HUNDRED
EIGBTY-SXX THOUSAND SIX BONDRED SEVENTY-FIVE (3
486 675) on the Cadastre du Quebec, Regist r ati on
Division of Montreal, being the interior parking
unit IA28;
(C) The Vendor's undivided interests insofar as
concerns the immoveabl e property hereinabove
described under Paragraph (A) and (B), in and to
lot number TBRD Kn.LION FOOR BtJNDRBD AND
(3 486 422) , on the Cadastre du Quebec,
Registration Division of Montreal, the whole as
established in the "Declarati on de Co-propriete
initiale" published at the Land Register of
Montreal, under Number 12 667 697 and in the
" Decl arat ion de Co- propriete Concomitante"
published at t he sai d Land Register, und er
Number 12 699 932, a nd modifications published
at the Land Register of Montreal under number 13
772 998 and 13 805 372 being the common
portions.
The lot hereinabove desc ribed under
Para graph (A) corresponds to a fraction of the
building bearing civic number 1000 De la Ca.mune
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Street Bast, Unit 311
1
in the said City of
Montreal , Province o f Quebec .
With and subject to Servitudes created
under the terms of Deeds published at the Land
Register of Montr eal, under Numbers 3 981 452, 4
461 627, 4 880 957, 5 082 060, 5 082 061, 5 241
456, 5 075 245, 12 488 076, 12 606 240 and 12
687 521 .
As the said property now subsists with
all its rights, members and appurtenances,
without exception or reserve of any kind on the
part of the Vendor.
IN ADDITION to the foregoing, included
in the present deed of sale and forming part of
the purchase price, is the Locker 112-01 in
t a t i o n n ~ t Sec tion " A"
1
the whole as shown
outlined in yellow on the Plan hereto annexed to
form part hereof, after having been acknowledged
as t r ue and signed for identification by the
Parties herein, together with a nd i n the
p resence of the undersigned Notary.
DBSCRIP'l'ION 2
!!!!!: certain emplacement held in co-
ownership and situated in the City of Montreal,
Province of Quebec, known and designated as
being composed as follows:-
(A) Lot number THREE MILLION rotJR BUNDJUm
EIGHTY-SIX TBOOSAND I'OOR BUNDRBD EIGBTY-TBREE (3
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486 483) on the Cadastre du Quebec, Registration
Division of Montreal, being the exclusive unit;
(8) Lot number THREE MILL:ION SIX HUNDRED N:Im!TY
THOUSAND 'l'NO B'OHDRED TWELVE (3 690 212) on the
Cadastre du Quebec, Registration Division of
Montreal, being the interior parking unit IE24;
(C) The Vendor's undivided interests insofar as
concerns the immoveable property hereinabove
described under Paragraph (A) and (B), in and to
lot number TBRD !'OUR HUNDRED AND
(3 486 422) , on the Cadastre du Quebec,
Registration Division of Montreal, the whole as
established in the "Declaration de Co-propriete
initiale" published at the Land Register of
Montreal, under Number 12 667 697 and in the
"Declaration de Co-propriete Concomitante"
published at the said Land Register, under
Number 12 699 932, and modifications published
at the Land Register of Montreal under number 13
772 998 and 13 805 372 being the common
portions.
The lot hereinabove described under
Paragraph (A) corresponds to a fraction of the
building bearing civic number 1000 De la Commune
str-t East , Onit 503, .in the eai.d Ci.ty o
Montreal, Province o Quebec.
With and subject to Servitudes created
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under the terms of Deeds published at the Land
Register of Montreal, under Numbers 3 981 452, 4
461 627, 4 880 957, 5 082 060, 5 082 061, 5 241
456, 5 075 245, 12 488 076, 12 606 240 and 12
687 521.
As the said property now subsists with
all its rights, members and appurtenances,
without exception or reserve of any kind on the
part of the Vendor.
IN ADDITION to the foregoing, included
in the present deed of sale and forming part of
the purchase price, is the Locker IE86 in
Stationnement Section "2", the whole as shown
outlined in yallow on the Plan hereto annexed to
form part hereof, after having been acknowledged
as true and signed for identification by the
Parties herein, together with and in the
presence of the undersigned Notary.
DESCRIP'rl:ON 3
~ certain emplacement held in co-
ownership and situated in the City of Montreal ,
Province of Quebec, known and designated as
being composed as follows:-
(A) Lot number 'l'BlU!!E MXLLION J!'OOa IIONDRBD
EIGB'l'Y-SIX 'l'BOOSAND :riVE IIONDIU!lD Sl:X (3 C86 506)
on the Cadastre du Quebec, Registration Division
of Montreal, bei ng the exclusive unit;
(B) Lot number 'l'IIRE2 MXLLION POUR IIONDRBD
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EIGB'l'Y-SIX 'l'BOUSAND SIX BONDR!!D 'l'BIR'J.'Y-'lWO (3
486 632) on the Cadastre du Quebec, Registration
Division of Montreal, being the interior parking
unit #A38;
(C) The Vendor's undivided interests insofar as
concerns the immoveable property hereinabove
described under Paragraph (A) and (B), in and to
lot number '1'IIRE1!: MILLION FOUlt BUNDRED AND
l!:IGB'J.'Y-SIX 'l'BOUSAND FOUR HUNDRED AND 'l'WEN'l'!-'lWO
(3 486 422), on the Cadastre du Quebec,
Registration Division of Montreal, the whole as
established in the "Declaration de Co-propriete
initiale" publ ished at the Land Register of
Montreal, under Number 12 667 697 and in the
"Declaration de co-propriete Concomitante"
published at the said Land Register, under
Number 12 699 932, and modifications published
at the Land Register of Montreal under number 13
772 998 and 13 805 372 bei ng the common
portions.
The lot hereinabove described under
Paragraph (A) corresponds to a fraction of the
building bearing civic number 1000 De la Commune
St:reet East, Unit 510, in the said City of
Montreal, Province of Quebec.
With and subject to Servitudes created
under the terms of Deeds published at the Land
Register of Montreal, under Numbers 3 981 452, 4
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461 627, 4 880 957, 5 082 060, 5 082 061, 5 241
456, 5 075 245, 12 488 076, 12 606 240 and 12
687 521.
As the said property now subsists with
all its rights, members and appurtenances,
without exception or reserve of any kind on the
part of the Vendor.
IN ADDITION to the foregoing, included
in the present deed of sale and forming part of
the purchase price, is the Locker 112-04 in
Stationnement Seoti.on "A" , the whole as shown
outlined in yellow on the Plan hereto annexed to
form part hereof, aft er having been acknowledged
as true and signed for identification by the
Parties herein, together with and in the
presence of the undersigned Notary.
DESClUP'l'ION 4
certain empl acement held in co-
ownership and situated in the City of Montreal,
Pr ovince of Quebec, known and designated as
being composed as follows:-
{A) Lot number 'l'KREE MILLION !!'OUR BtJNDRED
EIGB'rY-SIX THOUSAND i'XVE BtJNDRED 'nmN'l'Y-FOOll (3
486 524) on the Cadastre du Quebec, Registration
Division of Montreal, being the exclusive unit;
{B) Lot number 'l'BRZE MILLION SIX BCNDRED NINE'l'Y
'l'BOUSAND ONE BtJNDJUm SEVBNTX"-I!'OOR (3 690 174) on
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the Cadastre du Quebec, Registration Division of
Montreal, being the interior parking unit iE67;
(C) The Vendor's undivided interests insofar as
concerns the immoveable property hereinabove
described under Paragraph (A) and (B), in and to
lot number 'l'BREE MILLION FOUR BONDRED AND
EIGHTY-SIX 'l'BOUSAND FOUR BtiNDRED AND 'l'WEN'l'Y-'l'WO
(3 486 422), on the Cadastre du Quebec,
Registration Division of Montreal, the whole as
established in the "Declaration de Co-propriete
initiale" published at the Land Register of
Montreal, under Number 12 667 697 and in the
"Declaration de Co-propriete Concomitante"
pub lished at the said Land Register, under
Number 12 699 932, and modifications published
at the Land Register of Montreal under number 13
772 998 and 13 805 372 being the common
portions.
The lot hereinabove described under
Paragraph (A) corresponds to a fraction of the
building bearing civic number 1000 De la Commune
Street East, Unit 627, i..n tha aai.d Ci.ty of
Montreal, Pxovinee of Qu.ebeo.
With and subject to Servitudes created
under the terms of Deeds published at the Land
Register of Montreal, under Numbers 3 981 452, 4
461 627, 4 880 957, 5 082 060, 5 082 061, 5 241
456, 5 075 245, 12 488 076, 12 606 240 and 12
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687 521.
As the said property now subsists with
all its rights, members and appurtenances,
without exception or reserve of any kind on the
part of the Vendor.
IN ADDITION to the foregoing, included
in the present deed of sale and forming par t of
the purchase price, is the Locker jE16 in
Stat.ionn-nt Section "E", the whole as shown
outlined in y ~ o w on the Plan hereto annexed to
form part hereof, after having been acknowledged
as true and signed for identification by the
Parties herein, together with and in the
presence of the undersigned Notary.
DESClUP'rJ:ON 5
THAT certain emplacement held in co-
ownership and situated in the City of Montreal,
Province of Quebec, known and designated as
being composed as follows: -
(A) Lot number THREE MrLLJ:ON POoa BUNDBED
EIQBTY-SDC TBOOSAND FIVE HUNDRED FORTY-EIGHT (3
486 548) on the Cadastre du Quebec, Registration
Division of Montreal, being the exclusive unit ;
(B) Lot number '1'BREE KILLION rouR HUNDRED
EIGHTY-SIX THOUSAND SEVEN BUNDRED TBJ:RTY-'l'MO (3
486 732) on the Cadastre du Quebec, Registration
Division of Montreal, being the interior parking
unit 41819;
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(C) The Vendor's undivided interests insofar as
concerns the immoveable property hereinabove
described under Paragraph (A) and (B), in and to
lot number 'fmut:E MILLION FOUR HUNDRED AND
EIGHTY-SIX THOUSAND FOUR BtJNDRP!D AND 'fWBN'l'Y-TWO
(3 486 422), on the Cadastre du Quebec,
Registration Division of Montreal, the whole as
established in the "Declaration de Co-propriete
initiale" published at the Land Register of
Montreal, under Number 12 667 697 and in the
"Declaration de co-propriete Concomitante"
published at the said Land Register, under
Number 12 699 932, and modifications published
at the Land Register of Montreal under number 13
772 998 and 13 805 372 being the common
portions.
The lot hereinabove described under
Paragraph (A) corresponds to a fraction of the
building bearing civic number 1000 De la Commune
str-t East, Unit 717, in tba said City of
Montreal, Province of Quebec.
With and subject to Servitudes created
under the terms of Deeds published at the Land
Register of Montreal, under Numbers 3 981 452, 4
461 627, 4 880 957, 5 082 060, 5 082 061, 5 241
456, 5 075 245, 12 488 076, 12 606 240 and 12
687 521.
As the said property now subsists with
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all its rights, members and appur tenances,
without exception or reserve of any ki nd on the
part of the Vendor.
IN ADDITION to the for egoing, included
in the present deed of sale and forming part of
the pur chase price, is the Locker cl1raotl.y to
the rear of parlc.ing IBl!t , the whole as shown
outlined in yellow on the Plan hereto annexed to
form part hereof, a f ter having been acknowledge d
as true
Parties
and signed for identification by the
herein, together with and in the
presence of the undersigned Notary.
'1' I '1' L E
The Vendor acquired the said proper ty
from DEVELOPPENEN'l'S JIARBOtJM'EAM INC./
BARBOURTE DEVELOPMBN".rS INC. , in virtue of a
Deed of Sale execu ted before Mtre. 1111
notary under number 23,626 of his
minutes and published at the Land Register of
Montrea l, under Number 15 376 610.
POSSESSION
The Purchaser shall be the absolute
owner of the presently sold property as and from
this date and will take possession thereof
for thwith; the Parties hereto hereby
acknowl edging t hat all adjustments have been
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made between themselves as at the first day of
November, Two thousand and eight (2008), and
whereof quit.
VENDOR'S DECLAl\ATI:ONS AND WAIUUUft'D:S
THE Vendor declares, covenants and
warrants:-
(!) THAT the said property is held under the
tenure of franc alleu roturier, the same having
been duly commuted and the price of commutation
paid.
(2) THAT the said property is free and clear
of all hypothecs and encumbrances whatsoever,
save and excepting for the "Declaration de Co-
propriete i nitiale" published at the Land
Register of Montreal, under Number 12 667 697
and in the "Declaration de Co-propriete
Concomi t ante" published at the said Land
.Register, under Number 12 699 932, and
modifications published at the Land Register of
Montreal under numbers 13 772 998 and 13 805
372, save and except for a hypothec in favour of
HSBC BANK CANADA published at Montreal under
number 15 364 165, for which shall be
obtained with respect to the immoveable property
hereinabove described, at the Vendor's cost and
expense, out of the proceeds of this present
Sale, no new hypothec being herein created in
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favour ot the said HSBC BANK CANADA.
{3) THAT all assessments and rates, both
general and special, affecting the said
property, have been paid to date without
subrogation and consolidation.
{4) THAT the Vendor certifies that no notice
of non-compliance has been issued by the
municipal, provincial or other authorities in
respect of this property.
( 5) THAT the Vendor declares that this
property is not insulated with urea-formaldehyde
foam.
(6) THAT the Vendor is classified as a
Canadian Resident and not as a "non resident
person" within the meaning of the. Income Tax Act
(Canada) and the Taxation Act, Quebec, {19'72
Statutes), the Vendor making this present
declaration conscientiously, believing it to be
true and ltnowing that it is of the same force
and effect as if made under oath and by and in
virtue of the Canada Evidence Act.
CONDI TIONS
THE present Sale is thus made subject to
the following charges and conditions, to the
fulfilment whereof the Purchaser binds and
obliges himself, namely:-
(1) TO pay the costs of this Deed, of its
registration and of the required ~ o p i e s
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(2) TO pay all taxes and assessments
affecting the said emplacement, both general and
special, municipal and school, of whatever
nature they may be, as and from the date of
adjustment hereinabove set forth, including a
proportion of those for the current year, as
well as all instalments maturing after that date
of special taxes levied before that date and
payable by instalments.
( 3) TO pay, as and from the date of
adjustment hereinabove set forth, all
assessments of common expenses levied by the
administrator, insofar as concerns the fraction
hereinabove described, the whole in conformity
with the "Declaration de Co-proprietl initiale"
published at the Land Register of Montreal,
under Number 12 667 697 and in the "Declaration
de Co-propriete Concomitante" published at the
said Land Register, under Number 12 699 932, and
modifications published at the Land Register of
Montreal under numbers 13 772 998 and 13 805
372.
( 4) NOT to call upon the Vendor to f urnish
any title deeds or Certificates of Search or any
documents relating to the property, or any plans
whatsoever; the Purchaser however, shall have
communication at any reasonable time to such
documents as may be in the possession of hi s
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auteurs in title.
(5) TO fulfil, to the complete and entire
exoneration of the Vendor all of the
terms, clauses and conditions contained in the
said "Declaration de Co-Propriete initiale"
published at the Land Register of Montreal ,
under Number 12 667 697 and in the Declaration
de Co-Propriete Concomitante" published at the
said Land Register, under Number 12 699 932, and
modifications published at t he Land Register of
Montreal under numbers 13 772 998 and 13 805
372, the laws of the Province of Quebec
governing co-ownership, and all
regulations and all resolutions
matters passed at a ll meetings
rules and
and other
of the co-
proprietors, the whole insofar as concerns the
fract ion hereinabove described.
(6) TO take t he p resently property in
its present state and condition, having seen and
viewed the same and being therewith content and
satisfied.
P RIC 1!!
THE PRESENT SALE is thus made for and in
consideration o f the price and sum of ONE DOLLAR
($1 . 00), and other good and valuable
consideration which the Vendor acknowledges to
have truly received of and from the Purchaser
herein at the execution hereof, and whereof
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quit.
SPECIAL DECLARATION
(1) herein does hereby
take communication of the Certificate of
Location prepared by Quebec
Land Surveyor, dated the Twelfth day of October,
Two thousand and five (2005), and bearing Number
IIIII of his Minutes, and the plans bearing
Number - and does hereby accept the
boundaries and measurements of the property
hereinabove described, as set forth in the said
Certificate of Location and Plans
notwithstanding the superficial areas originally
referred to in the Offers to Purchase previously
signed between DEVELOPPEMENTS HARBOURTEAM INC./
HARBOURTEAM DEVELOPMENTS INC., and the Purchaser
and the architectural plans originally provided
to the Purchaser. The Purchaser does hereby
renounce any and all rights against the Vendor
and DEVELOPPEMENTS HARBOURTEAM INC./ HARBOURTEAM
DEVELOPMENTS INC. , with respect to any
discrepancy between the actual boundaries and
measurements as described in the said
Certificate of Location and those boundaries and
measurements referred to in the said Offer to
Purchase and/or architectural plans.
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In accordance with Article 1.16 of the
"Declaration de Co-propriete Concomitante
published at the said Land Register, under
Number 12 699 932, the Purchaser does hereby
agree and consent for himself and his ayants-
droit to be bound by any . amendments or
additional Declarations of Co-Ownership which
shall affect the project. Furthermore, the
Purchaser does hereby give and grant unto the
Vendor, DEVELOPPEMENTS HARBOURTEAM INC./
HARBOURTEAM DEVELOPMENTS INC., or - an
irrevocable mandate with full powers of
substitution to act for himself and for all co-
owners in virtue of a unanimous shareholders'
resolution of co-owners, the whole in conformity
with Article 354 of the Civil Code of Quebec,
for the purposes of acting as administrator and
representative of the Syndicate for the purpose
of:-
appeari ng in any additional Declaration
of Co-Ownership for any modifications to
the Declaration of Co-Ownership;
signing and accepting any cadastral
plans;
creating and amending any Deed of
Servitude or any other deed creating
real rights;
correcting or modi fying any Declaration
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(2)
Page - 19
of Co-Ownership required by the Notary
and the developper of the project; and
proceeding with full effect, the whole
in accordance with the provisions of the
Declaration de Co-propriete Concomitante
published at the said Land Register,
under Number 12 699 932.
Furthermore, with respect to the
provisions of the previous paragraph,
the Vendor, DEVELOPPEMENTS HARBOURTEAM
INC./ HARBOURTEAM DEVELOPMENTS INC., or
is hereby irrevocably
authorized to sign and execute any and
all servitudes and/or other agreements
relating to any encroachment or other
matters for any construction forming
part of the project whether said
encroachment or other matters presently
exist or wi l l exist in the future; and
further to sign any and all servitudes
or other deeds creating real rights with
owners of neighbouring immoveable
properties and buildings.
GOODS AND SERVl:CBS TAX "GST" I
QOZBEC SALES TAX "QST"
THE Vendor and the Purchaser hereby declare
that the sale of the property is a "taxable
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Page - 20
supply of real property" for the purposes of
liability for payment of the Goods and Servic es
Tax (GST) and Quebec Sales Tax (QST); the
condominium units presently sold shall not be
used by the Vendor for residential purposes.
The Vendor and the Purchaser moreover declare
that the GST and QST is not included in the
sal es price provided for in the present Deed of
Transfer.
THE Purchaser declares and warrants that
its registration number under the QST is
QST is
cancelled.
and its registration number under the
and same have not been
THE Vendor and the Purchaser hereby declare
that any GST and QST payable under this Deed of
Transfer shall be paid by the Purchaser.
SPECIAL DJI!CLJU\ATION/DECIJ\RATION SPECIALE
ALL of the Parties hereto declare that
they have specifically requested, and do hereby
confirm their request, that the present Contract
be drafted and executed in the ENGLISH LANGUAGE;
toutes les Parties aux presentes declarent
qu'elles ont specifiquement demande que le
present Contrat soi t redige et signe en LANGUE
ANGLAISE, et par les presentes confirment leur
dite demande.
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1
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REQO!RED in virtue of la Loi
concernant les droits sur les mutations
immobilieres (L.R.Q., Chapitre D-15.1:-
(a) NAME AND GIVEN NAME AND ADDRESS OF THE
PRINCIPAL RESIDENCE OF THE VENDOR AND/OR
TRANSFEROR:-
6040993 CANADA INC.,
(b) NAME AND GIVEN NAME AND ADDRESS OF THE
PRINCI PAL RESIDENCE OF THE PURCHASER
AND/OR
TRANSFEREE:-
9134-3004 QOBBEC INC.,
(c) THE IMMOVEABLE PROPERTY HEREIN SOLD
AND/OR TRANSFERRED IS LOCATED IN THE
FOLLOWING MUNICIPALITY:-
Quebec;
THE TRANSFEROR AND/OR VENDOR AND THE
TRANSFEREE AND/OR PURCHASER DO HEREBY
DECLARE THAT THE TOTAL VALUE OF THE
CONSIDERATION OF THIS PRESENT DEED IS-
DESCRIPTION 1
DESCRIPTION 2
DESCRIPTION 3
$ 247,220.00
$273,470.00
$417,900 .00
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(e)
DESCRIPTION 4 $314,700.00
DESCRIPTION 5 $319,945.00
AND THE BASIS OF ASSESSMENT FOR
TRANSFER DUTIES IS:-
DESCRIPTION 1 $ 258,000.00
DESCRIPTION 2 $253,000.00
DESCRIPTION 3 $337,000 . 00
DESCRIPTION 4 $293,000.00
DESCRIPTION 5 $306,000 . 00
THE AMOUNT OF TRANSFER DUTIES,
APPLICABLE IS-
DESCRIPTION 1
DESCRIPTION 2
DESCRIPTION 3
DESCRIPTION 4
DESCRIPTION 5
$2,370.00
$2,602 . 05

$3,220 . 50
$3,299.20
THE
IF
(f) THAT in the said Deed of Sale there are
no movables with respect to Article 1.01
of the Law.
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WBEREOI' ACTZ: -
DON& AND PASSED at the said City of
Westmount, in the offi ce of the undersigned
Notary, on the Thirty first ------ day of
December, Two thousand and eight (2008) , under
the Number TWENTY 1'11REE THOUSAND NINE HUNDRED AND SEVEN
--------------------------
of the original notarial Minutes of the
undersigned Notary.
AND AI!'TB1l DOE READING BEREOJ', the
Parties herein have signed with and in the
presence of the undersigned Notary.
6040993 ~ I N C .
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