AFFIDAVIT FOR TERMINATION OF REGISTRATION OF THE VALLEY OF THE LAKES AND EAGLE ROCK RESORT REGISTRATION NO. 87/8-252/1 C.B.G. Limited, a Pennsylvania limited partnership, the developer of The Valley of the Lakes and Eagle Rock Resort (the "Resort"), wishes to terminate the above referenced registration because it is unable to comply with current regulatory requirements and because it has no plan to undertake further marketing of property in The Valley of the Lakes and Eagle Rock Resort to New Jersey residents. Pursuant to the requirements of the New Jersey Real Estate Commission, C.B.G. Limited hereby certifies that: 1) All improvements promised in the registration with respect to individual lots, the Public Offering Statement and contracts have been completed in accordance with the representations made to New Jersey; EXCEPT that approximately 79 lot owners from New Jersey are still serviced by shale-surfaced roads, pending application of the final asphalt surface. Of that number, approximately 4 lot owners are in areas (section ER) where funding of completed construction has been assured by bonds or letters of credit; THAT approximately 46 lot owners do not have water and sewer hookups. Of that number, approximately 4 lot owners are in areas where funding of completed hookups has been insured by a letter of credit (Section ER) , AND that two recreational facilities, Lake Algonquin and the golf course, are incomplete. HOWEVER, the registration in effect at the time of the subject sales contained statements to the effect that no monies had been placed in escrow to fund these improvements and thus the improvements were not financially assured. The Developer, C.B.G. Limited, is currently subject to proceedings of Chapter 11 Bankruptcy, Case Number 92-00525JJT-5 in the United States Bankruptcy Court, Middle District of Pennsylvania. 2) Funding maintenance of the improvements in The Valley of the Lakes and Eagle Rock Resort is the responsibility of annual maintenance fees from the property owners. These funds are paid to the developer which is currently in Chapter 11 bankruptcy. 3) There are no pending administrative orders issued by any state or federal agency which seeks to suspend or revoke any registration of the subdivided lands sought to be terminated; 4) There may be delinquent taxes or filing fees owed by the developer upon the subdivided lands, although none are owed by the developer on property sold to New Jersey residents; 5) All New Jersey purchasers have received title to their lots offered pursuant to the registration statement, contracts and Public offering Statement filed in New Jersey free and clear of any monetary liens and encumbrances, except for any mortgage given by the New Jersey purchaser. Attached as Exhibit A to this affidavit is a list of New Jersey purchasers of lots in the Valley of the Lakes. 6) And, that no further marketing of the Resort will be made to New Jersey residents in the State of New Jersey, and that any advertisements for the property in any national media which disseminates into New Jersey, will contain a disclaimer that the property is not registered with the New Jersey Real Estate Commission. Date: July 9, 1992 C.B.G. LIMITED By: /s/ Frank Cedrone Title: Managing Partner STATE OF Pennsylvania COUNTY OF Luzerne ss: I hereby certify, that on this 9th day of July 1992, before the subscriber, a notary public in and for the jurisdiction aforesaid, personally appeared Frank Cedrone, who acknowledged himself to be the Managing Partner of C.B.G. LIMITED (the "Partne- rship") and that he, as such partner, being authorized so to do, executed the foregoing document for the purposes therein contained by signing the name of the Partnership as such partner. /s/ Notary Public NOTARIAL SEAL ROBERTA GAGUANO, Notary Public Hazleton, Luzerne County My Commission Expires March 13,1995
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