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HomeMy WebLinkAboutWPO201800014 Agreements WPO VSMP 2004-03-25 • e Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A IM ! N 1111111111111111111 (ILS VLR Cover Sheat Agent 1.Q,b8) Dec TD: 000708480018 Type: DEE Recorded: 04/21/2004 at 01:16:23 PM Fee Amt: 833.00 Page 1 of 18 Shelby Marshall, Clerk Circuit Ct T C Date of Instrument: [3/2512004 J Shelby Marshall Clark Circuit,Court Fllsq 2004-00007007 X R Instrument Type: (DEC ] 8K2732 P°745-76 P G I �7G a.7 LJ YJ E Number of Parcels [ 3] X Number of Pages [ 13] E IA City❑County a] [Albemarle County ] (Box for Deed Stamp Only) P — First.and Second Grantors T _ L Last Name j First Name J Middle Name or Initial j Suffix ___. x. [HURT INVESTMENT 11 11 J d 0 [PANTOPS GIANT LLC I[ 1[ )( l First and Second Gra Last Name I First Name Middle Name or initial Suffix -1 0 [NA I[ HCl ( ][ )[ ]( J ]I ]( ] Grantee Address (Name) (NA, ] (Address 1) [NA ] (Address 2) [NA ] (City,State,Zip) [NA J [VA I [NA ] Consideration(0.00 ]Existing Debt[0.00 ] Assumption Balance (0.00 I Prior Instr.Recorded at:City ❑ County❑ [ ] Percent.in this Juris. [ 100] Book [ ] Page ( J Instr.No [ ] Parcel Identification No(PIN) 07800-00-00-073A0,07800-00-00-073A2,07800.00-00-073A1 ] Tax Map Num. (If different than PIN) same ] Short Property Description drainage easement and maintenance ] Current Property Address(Address 1) (Address 2) ] (City,State,zip) ]I ][ ] Instrument Prepared by McCallum&Kudravetz PC ] Recording Paid for by McCallum&Kudravetz PC ] Return Recording to (Name) McCallum&Kudravetz PC ] (Address 1) 250 E High Street J (Address2) (City,State,zip) [Charlottesville ][VA][22902 J Customer Case ID [02000,1408 ] [ ][ 1 . .1!),# ,f e' ' ris i H5 i 460 , }r f r' :It ' c. r, :44ii' to i' 1� �'O Cover Sheet Page#1 of 3 {;9 rl g+5i ' 'S } ti '`T 1 U • 4 ' Instrument Control Number Commonwealth of Virginia Land Record instruments Continuation Cover Sheet Form B [ILS VLR Cover Sheet Agent 1.0.66] -i-- G -G- -&-- Date of Instrument: [3/26/2004 1 A Ft R 0 Instrument Type: [DEC I X AAR N N P Number of Parcels [ 3] E T T X 0 E Number of Pages [ 13] E - E (Box for Dood Stamp Only) City 0 County Gil [Albemarle County I NI Grantors/Grantees/Parcel Continuation Form B P .I._ — Last Name —1 First Name J----. Mic—k-17erslame or initial j iuffbiT, 012 0 0 [DMV LLC 11 l i 1 I El M H8 [PANTOPS OFFICE BU )[ Ii II o bu _ [VIRGINIA OIL COMP H 11 EI l f E.I A LI [PANTOPS PROFESS 1[ I 1 H El IA [EASTERN RIDGE LLC 1( If It El fia 0 [SOUTHERN FINANCIA 11 )I H El Cil El U [FERRICK TR 1[PATRICIA I I I I DEIEJE1 [ i f ]f ]f 011000 [ I 1 H I 1 L1000 [ ]I IL I t CIEIDEl [ I f 11 1 t 0000 [ H I 1 II 0 D ID El [ if H II 0000 [ H II It El DO El [ 11 I t l t 0000 [ II II II I Prior Instr.Recorded at:City CI countyEl [ 1 Percent.in this Juris. I 100] Book [ ] Page [ I Instr.No [ 1 Parcel Identification No(PIN) [07800-00-00-07500, 07800-00-00-075A0,07800-00-00-07600 1 Tax Map Num. (If different than PIN) [same ] Short Property Description [drainange easement and maintenance 1 I Current Property Address (Address 1) [ (Address 2) [ (City,State,Zip) 1 J[ I f I . , . ,. .., I', .,4 X ';'`i3O '#,., L , :i,'). : ,‘1,,I ;"= Eil,S.,NITI, , ,:, i4=t,firl, igiito.; z1,10`1 . =0'6.4 L, 4 , k .t .1i !k ,4i 1,4 i 1 , ,' Ai ;},k 1 '4 `, '.` ''=.iil rif;. Cover Sheet Page#2 of 3 ' t It 4 fi'' 00 '7, , i = Instrument Control Number Commonwealth of Virginia Land Record instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.00) VIMIll • —c Date of instrument: [3/26/2004 I A R R 0 Instrument Type: [DEC J X AAR N N P Number of Parcels [ 3) ETT X 0 E Number of Pages [ 13) E R E (Sox for Deed Stamp Only) City 0 County 0 [Albemarle County 1 M Grantors/Grantees/Parcel Continuation Form C P L. I Last Name I First Name I Middle Name or Initial [ Suffix CI ID 0 0 [ I f I I 1 I I El El 0 0 [ i t [[ i[ I ID 0 CI 0 [ 1 i ii [f I C 1 El DI ID [ 1[ 3 I 1 f 3 0 0 U El r H ii If Prior Instr.Recorded at:City 0 County:3 1 ] Percent.in this Jude. [ 100) Book I ] Page i ] Instr.No [ ) Parcel identification No(PIN) [07800-00-00-07400,07800-00-00-073A3&07800-00-00-07700 ] Tax Map Num. (If different than PIN) [same j Short Property Description [drainage easement and maintenance I [ Current Property Address (Address 1) [ I (Address 2) [ I (City,State,Zip) [ Jr I I I Prior Instr.Recorded at:City 0 County0 [ I Percent.in this Jurls. [ I Book [ J Page [ ] Instr.No [ I Parcel Identification No(PIN) I Tax Map Num. (It different than PIN) [ I Short Property Description [ I I Current Property Address (Address 1) [ I (Address 2) I (City,State,Zip) [ If IL I . 1 r t 1 111 ' il A' If if 0!.1, 0 iit `11‘ll'Ir ok i s I, Cover Sheet Page#3 of 3 007007 TMP 07800-00-00-073A0 TMP 07800-00-00-07500 TMP 07800-00-00-07400 TMP 07800-00-00-073A2 TMP 07800-00-00-075A0 TMP 07800-00-00-073A3 TMP 07800-00-00-073A1 TMP 07800-00-00-07600 TMP 07800-00-00-07700 {DRAINAGE] Prepared By: McCALLUM 8&KUDRAVET2, P.C. 250 East High Street Charlottesville,VA 22902 (434)293-8191 THIS DECLARATION(the "Declaration") dated this 26th day of March, 2004, by HURT INVESTMENT COMPANY, a Virginia corporation ("HIC"); PANTOPS GIANT, L.L.C., a Virginia limited liability company("PG");DMV,L.L.C.,a Virginia limited liability company("DMV");PANTOPS OFFICE BUILDING LLC, a Virginia limited liability company("POB"); VIRGINIA OIL COMPANY, INCORPORATED, a Virginia corporation ("Virginia Oil"); PANTOPS PROFESSIONAL PARTNERSHIP,a Virginia general partnership("PPP");EASTERN RIDGE,LLC,a Virginia limited liability company("ER");SOUTHERN FINANCIAL BANK("Noteholder");and PATRICIA FERRICK, as SOLE ACTING TRUSTEE under the Deed of Trust ("Trustee"); each of the foregoing to be indexed as Grantors. WITNESETH: WHEREAS, H1C is the owner of those certain parcels of land situated in the County of Albemarle,Virginia,containing 22,946 acres and 1.126 acres,designated,respectively,as'TM 78- 73A"(herein,"Parcel 73A")and"Lot 4"(herein, "Lot 4"),on that certain plat prepared by Rivanna Engineering&Surveying,PLC dated August 19, 2003,last revised March 2,2004,entitled"PLAT SHOWING SUBDIVISION OF TAX MAP 78 PARCEL 73A HURT INVESTMENT COMPANY PROPERTY RIVANNA MAGISTERIAL DISTRICT,ALBEMARLE COUNTY,VIRGINIA"(the"Plat"), which Plat is recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 2731, Page 1. ; 1 WHEREAS, HRC Is also the owner of that certain parcel of land situated in the County of Albemarle,Virginia,containing 1,480 acres,more or less,designated as Albemarle County IMP 78- 758 (herein, "Parcel 75B"), as more particularly shown on that certain plat of survey recorded at Deed Book 1926, Page 403 in the Clerk's Office of the Circuit Court of Albemarle County,Virginia; WHEREAS, PG is the owner of those certain parcels of land situated in the County of Albemarle, Virginia, containing 11.100 acres and 2.640 acres, more or less, respectively, and designated, respectively,as County TMP 78-73A1 (herein, "Parcel 73A1")and County TMP 78-73A2 (herein,"Parcel 73A2"), said parcels being more particularly shown on that certain plat recorded at Deed Book 1987,Page 125 in said Clerk's Office; WHEREAS, DMV is the owner of that certain parcel of land situated in the County of Albemarle County, Virginia, containing 2.748 acres, more or less, and designated as County TMP 78-75(herein, "Parcel 75"), as more particularly shown on that certain plat recorded at Deed Book 1926, Page 403 in said Clerk's Office; WHEREAS, POB is the owner of that certain parcel of land situated in the County of Albemarle County, Virginia, containing 1.672 acres, more or less, and designated as County TMP 78-75A(herein,"Parcel 75A"),as more particularly shown on that certain plat recorded at Deed Book 2019, Page 125 in said Clerk's Office; WHEREAS,Virginia Oil is the owner of those certain parcels of land situated in the County of Albemarle County, Virginia, containing 2.142 acres, more or less, and 1.641 acres, more or less, respectively, and designated, respectively,as County IMP 78-76(herein, "Parcel 76")and County TMP 78-74(herein,"Parcel 74"),asmore particularly shown on those certain plats recorded at Deed Book 1944, Page 181, and Deed Book 1926, Page 403, respectively, in said Clerk's Office; WHEREAS, PPP is the owner of that certain parcel of land situated in the County of Albemarle County,Virginia,containing 1.72 acres,more or less,and designated as County TMP 78- 2 73A3(herein,"Parcel 73A3"),as more particularly shown on that certain plat recorded at Deed Book 2019, Page 125 in said Clerk's Office; WHEREAS, ER is the owner of that certain parcel of land situated in the County of Albemarle County, Virginia, containing 0.689 acres, more or less, and designated as County TMP 78-77 (herein,"Parcel 77"), as more particularly shown on that certain plat recorded at Deed Book 1485, Page 421 in said Clerk's Office; WHEREAS, HIC, PG, DMV,POB,Virginia Oil, PPP,and ER(collectively the"Parties")desire to subject Parcel 73A, Lot 4, and Parcels 7513, 73A1, 73A2, 75, 75A, 76, 74, 73A3, and 77 to the covenants and charges for private maintenance of the Drainage Easements as hereinafter set forth, which are for the benefit of the parcels and the owners thereof. NOW THEREFORE,the Parties hereby declare that hereafter Parcel 73A,Lot 4,and Parcels 75B,73A1, 73A2,75, 75A, 76, 74,73A3,and 77, and any parcel(s)of record which may be created therefrom in the future, (hereinafter collectively"Parcels"in the plural and"Parcel"in the singular), shall be held, transferred, sold, conveyed and occupied subject to the covenants and charges hereinafter set forth.The provisions set forth herein shall run with the Parcels in perpetuity and shall be binding upon any and all parties who have, or shall acquire,any right,title or interest in all or any part of the Parcels, and shall Inure to the benefit of each owner thereof. ARTICLE I—DEFINITIONS The following words, when used in this Declaration, shall have the following meanings; Section 1.01. "Drainage Easements" shall mean and refer to the drainage easements described in Section 2.01 hereof. Section 1.02. "Drainage Facilities"shall mean and refer to the drainage facilities described in Section 2.02 hereof. 3 Section 1.03, "Owner" shall mean and refer to the record owner, whether one or more persons or entities,including the Parties,of the fee simple title to the Parcels,and/or any parcel(s)of record which may be created therefrom in the future, including contract sellers, hut excluding those having such interests merely as security for the performance of an obligation. In the case where any Parcel is held by one or more persons for life with the remainder to another or others, the term "Owner"shall mean and refer only to such life tenant or tenants until such time as the remainderman or remaindermen come into use, possession or enjoyment of such Parcel. Section 1.04. "Supplementary Declaration" shall mean and refer to any declaration which may be executed and recorded by HIC which contains such complementary or modifying provisions as are not inconsistent with this Declaration. ARTICLE Ii—DRAINAGE FACILITIES Section 2.01. Drainage Easements. HOC has previously granted,established, or reserved certain drainage easements (the"Drainage Easements") pursuant to the terms of(a)that certain Deed of Easement dated March 21, 2002, recorded in Deed Book 2172,Page 646 in said Clerk's Office,(b)that certain Declaration of Easement of even date herewith,to be recorded in said Clerk's Office immediately prior hereto, (c) certain Declarations establishing private roads as set forth in Declarations recorded in Deed Book 1926, Page 390 and Deed Book 1987, Page 114,and(d)that certain Declaration establishing a private road of even date herewith,to be recorded in said Clerk's Office immediately prior hereto, respectively, as supplemented or amended, which Drainage Easements, and the Drainage Facilities constructed by HIC pursuant thereto, benefit in varying degrees the Parcels. Section 2.02. Maintenance: The Drainage Easements and the stormwater detention or water quality pond,stormwater drainage lines, structures, and facilities and related improvements 4 located therein(collectively,the"Drainage Facilities")are private and require private maintenance as hereinafter set forth. The costs of repair, maintenance, upkeep, improvement, or replacement (hereinafter"maintenance") of the Drainage Easements and the Drainage Facilities located therein will not be borne by the County of Albemarle or any public agency, but rather shall be the responsibility of and be borne as follows: (a) Initial Construction: The initial construction of the Drainage Facilities within the portion of the Drainage Easements shown and described as "New Permanent 20' Drainage Easement"on the Plat(excluding the portion of the Drainage Facilities located on Lot 4) (the"New Facilities") shall be borne by and completed by the Owner of Parcel 73A, at its sole cost and expense, The New Facilities shall be designed and constructed by the Owner of Parcel 73A in compliance with the applicable provisions and standards of the County of Albemarle and the Commonwealth of Virginia. (b) Continued Maintenance: Thereafter, all maintenance of the Drainage Facilities shall be subject to the following conditions: (1) The cost of maintenance of the Drainage Facilities within the Drainage Easements shall be borne as follows: (a) 18% by Parcel 73A; (b) 3% by Lot 4; (c) 5%by Parcel 75B; (d) 34%by Parcel 73A1; (e) 8%by Parcel 73A2; (1) 8%by.Parcel 75; (g) 5%by Parcel 75A; (h) 5%by Parcel 73A3; 5 (i) 2%by Parcel 77; (j) 7%by Parcel 76; and (k) 5% by Parcel 74; (ii) During the period of any site development and/or construction on a Parcel, the Owner of such Parcel shall keep the applicable Drainage Facilities free and clear of dirt, mud and/or debris; and (iii) HIC hereby reserves the right to reallocate the percentage maintenance obligations set forth above among the Parcels currently owned by HIC; including parcels which may be created therefrom in the future, by the recordation of a Supplementary Declaration,provided the above percentage maintenance obligations of Parties other than HIC and the above percentage maintenance obligations allocated to Lot 4 are not thereby affected. (c) Damage From Construction Activities: Notwithstanding the foregoing, each Owner shall be solely and exclusively responsible for and shall fully bear the costs of maintenance within the Drainage Easements and of the Drainage Facilities located therein necessitated by construction activities on its Parcel, and each Owner shall restore any portion of the Drainage Easements and the Drainage Facilities located therein damaged by its construction activities to at least its prior condition upon completion of such construction. Section 2.03. Time, Necessity,and Standards of Maintenance: The Owners of those Parcels bearing the maintenance obligation for the Drainage Facilities shall determine the time, necessity and standards of maintenance of the applicable Drainage Facilities; provided,however, that the Drainage Facilities shall be reasonably and appropriately maintained and shall be in compliance with all applicable statutes, laws, ordinances, governmental rules, regulations and orders. When such Owners determine that maintenance of the Drainage Facilities is necessary, 6 such Owners shall agree upon the work to be done,the contractor to do the work, and the time when the work is to be done;said agreement to be evidenced by written memoranda of the same signed by such Owners. In the event that such Owners are not able to agree upon the time and/or need for maintenance,then the Owner(s)desiring maintenance shall be entitled, upon fifteen(15)days prior written notice to the other Owner(s), to have the maintenance performed and collect therefor as provided in Section 2.04 below. Section 2.04, Personal Liability, Lien and Enforcement: (a) Personal Liability for Maintenance: Each Owner shall he personally liable and responsible for its share of the costs of maintenance as set forth in Sections 2.02 and 2.03 above which are incurred during its ownership of its Parcel, and shall pay its share within thirty(30)days after receipt of written demand therefor,which demand is accompanied by a reasonable breakdown of the actual costs and expenses incurred in connection therewith. (b) Enforcement: If any Owner shall fail to pay its proportional share of the costs of maintenance for which it is responsible within thirty(30)days following such demand,the other Owner(s)may(i)bring an action at law against the Owner of the Parcel failing to pay its proportional share with the Court determining whether or not such maintenance and the cost thereof were reasonably necessary to the standards set forth in Section 2.03 above and whether or not such Owner is responsible therefor,(ii)record a notice of nonpayment and lien pursuant to Section 2.04(c) below against said Owner's Parcel,and/or(iii)bring a suit in the Circuit Court of Albemarle County, Virginia,to foreclose the lien provided for in Section 2.04(c)below against said Owners Parcel.The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law thirty(30)days following such demand;and the delinquent Owner shall be liable to pay all costs of collection, including reasonable attorneys'fees. 7 (c) Lien: if any Owner shall fail to pay its proportional share of the costs of maintenance for which it is responsible within thirty(30) days following such demand, the other Owner(s)may record in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,a notice of nonpayment and lien against the Parcel of the Owner failing to pay its proportional share,and from the time of such recordation the amount stated in the notice, together with interest, costs of collection; and reasonable attorneys fees shall become a lien against such Parcel. If such Owner contests the necessity for or the cost of such maintenance or its responsibility therefor, then such Owner shall have the right to bring a suit in the Circuit Court of Albemarle County,Virginia,to quash said lien with said Court determining whether or not maintenance and the cost thereof were reasonably necessary to the standards set forth in Section 2,03 above and whether or not such Owner Is responsible therefor. (d) First and Second Deeds of Trust: The lien provided in Section 2.04(c)above shall at all times be subject to any first or second mortgage or deed of trust placed on any Parcel at any time until notice of such lien shall have been recorded, but shall be prior to any first or second mortgage or deed of trust recorded subsequent to the recordation of such notice. Section 2.05. Dedication to Public Use.HiC reserves the right to subsequently dedicate the Drainage Easements and the Drainage Facilities located therein to public use. Upon the subsequent acceptance of said Drainage Easements and Drainage Facilities by the County of Albemarle or other public agency,each Owner agrees to execute any further documents reasonably requested by the County of Albemarle or other public agency in order to effect such acceptance. Section 2.06, Consent of Lienholder. As evidenced by Certificate of Transfer dated November 7, 2001, recorded in the aforesaid Clerk's Office in Deed Book 2106, Page 187, Noteholder is the present noteholder and beneficiary under that certain Deed of Trust dated September 9, 1993, recorded in the aforesaid Clerk's Office in Deed Book 1341, page 342 (as 8 modified,the "Deed of Trust"), as modified by that certain Modification and Extension Agreement dated June 20, 2001, recorded in the aforesaid Clerk's Office in Deed Book 2049, Page 221, as further modified by that certain Second Modification Agreement dated November 7,2001,recorded in the aforesaid Clerk's Office in Deed Book 2106, Page 173,and as further modified by that certain Modification of Credit Line Deed of Trust and Security Agreement dated November 7,2001,recorded in the aforesaid Clerk's Office in Deed Book 2106, Page 192,which Deed of Trust constitutes a lien upon the Parcel 73A and Lot 4 referenced herein. Noteholder and Trustee, as Sole-Acting Trustee under the Deed of Trust,as evidenced by their signatures below,hereby consent to,and subordinate the lien of the Deed of Trust to, this Declaration and the provisions hereof. Section 2.07. Counterparts. This Declaration may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. WITNESS the following signatures and seals, HURT INVESTMENT COMPANY gY --IL,p L (SEAL) Charles Wm. Hurt, President PANTOPS GIANT, L.L.C. .rM By; (341- ...- 1 J`� '`• ' (SEAL) Charles Wm. Hurt, Manager DMV, L.L.C. By: Ph A 1 c- _. /f(SEAL) Charles Wm. Hurt, Manager 9 PANTOPS OFFICE BUILDING LLC By: C 4 4 (SEAL) Charles Wm. Hurt,Manager VIRGINIA OIL COMPANY, INCORPORATED By: '7,,1:2 - SEAL Its: i ) PANTOPS PROFESSIONAL PARTNERSHIP By: G•%1,tt 4_4.4 lac dv{ri.••1.2 (SEAL) Its. 2444-rt ze,. EASTERN RIDGE, LLC By: __� (SEAL) Its' ,:../' . SOUTHERN FINANCIAL BANK By: h4 Its:_ f/'P P0:t\ - th Patricia A. Ferrick, as Sole-Acting Trustee under Deed of Trust dated September 9, 1993 10 COMMONWEALTH OF VIRGINtfl CITY/COUNTY OF A t he141ttom- , to-wit: T eforegoing Declaration was acknowledged before me this a7 �` day of , 2004, by Charles Wm. Hurt, President of Hurt Investment Company, a Virginia corporation, on its behalf. My commission expires: 'c,-N$' 3', 'fie S it / 1. 2/te.e.eic-K____ Notary Public COMMONWEALTHOF,VJ RGINIA clT'YfCOUNTY OF , to-wit: Th,foregoing Declaration was acknowledged before me this �c c day of , 2004, by Charles Wm. Hurt, Manager of Pantops Giant, L.L.C., a Virginia limited liability company, on its behalf. My commission expires: 2.c1115 . -P. Notary Public COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Al hA.0..I , to-wit: j - Vie foregoing Declaration was acknowledged before me this ,2t' day of t vtanc.4k , 2004, by Charles Wm. Hurt, Manager of DMV, L.L.C., a Virginia limited liability company, on its behalf. My commission expires: J 'E 3a 2005 Of 1111. Notary Public 11 COMMONWEALTH OF VI GINIA ca-Y/COUNTY OF ,to-wit: Th foregoing Declaration was acknowledged before me this 6 day of , 2004, by Charles Wm, Hurt, Manager of Pantops Office Building LLC, a Virginia limited liability company, on Its behalf. My commission expires: �� � Notary Public COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,to-wit: The foregoing Declaration was acknowledged before me this /s?'day of 2004, by j yysrsr CJl�,• j e ,.c`v,d, ,.' of Virginia Oil ompany, Incorporated, a Virginia corporation, on its behalf. My commission expires: 2 'C Et• / _- Notary Public COMMONWEALTH OF VIRGINIA CITY/eetnMTY OF t i-ric:.,ryyiile. , to-wit: The foregoing Declaration was acknowledged befo a me this day of Gh ,204 by Wallace. AA, Frprioitw6 , of Pantops Professional Partnership, a Virginia general partnership, on its be If. My commission expires: v+• 3O Notary Public 12 COMMONWEALTH OF VIRGINIA CITY16eeNf'OF alidrttstk,*vi))c- ,to-wit: 1 The foregoing Declaration was a kn wled9ed before me this day of ivtpth 2004, by W i i i is m d wL , rtet,l qel of Eastern Ridge, LLC, a Virginia limited liability compan n its behalf. �.! My commission expires: q. . ..gtt " ./1 Notary Public ;` • 1;; �` aQ COMMONWEALTH OF VIRGINIA o � • CITY/BM/tl'PY OF a1�Lti17f ?1 'to-wit: • • i/lJ/lltUN The foregoing Instrument was acknowledged before me this r" day of PrP , 2004, by-r19 NM P. fin .... , as +pc 'COLTiV V)rP, PRCIr� of Southern Financial Bank, on its behalf. My comm.: "- ires: - �----_----- J'Y,,, Karen tai►I i Bet dun 4 • NOTARY NOTPUBLIC Coll N OT ARY h OJ Ih©inia 1,111-" • My Commission Expires Notary Public i kers MARCH 31,2006 COMMONWEALTH OF VIRGINIA pirci/COUNTY OF T'rl,u ,qtt,.LLA ,to-wit: The foregoing instrument was acknowledged before me this I .4day of c - +v.,0 ,2004, by Patricia A. Ferrick, as Sole-Acting Trustee under Deed of Trust dated September 9, 1993. My commission expires: 22 • BI ".? Notary Public 13 RECORDED IN CLERKS OFFICE OF ALBEMARLE ON April21,2004AT 1:15:23 PM GRANTOR TAX PD AS REQUIR0E RY VA CODE§58 1-802 STATE:$0.00 LOCAL:$0.00 SHELBY MARSHALL,CLERK CIRCUIT CT