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SUB201800030 Agreements 2008-05-14
Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T C Date of Instrument: A O Instrument Type: X R First and Second Grantors E P Number of parcels X First Name Middle Name or Initial Suffix Number of Pages E ] [Lindsay ] [ ] [ ] 046144 1111111111111111111111111111111111111111 11111 1111111111111111111111111111111157260009 7()2%j-49 Pt1 Doe In' 05/14/2008 ae 1 ' 9 Recorded: 1,243.50 Pa9 FeeAlbema+'le$OountV VA [5/14/2008 ] Debra t1. Shipp Clerk F bra 2008_00006144 [DBS -I=L ] BK3594 PG63-71 [ 5] --------------------..__------ a I M City Q CountyxJ [Albemarle County I {Box for eed Stamp On y) P First and Second Grantors T Last Name First Name Middle Name or Initial Suffix [Ellis ] [Lindsay ] [ ] [ ] ❑ ❑ [Ellis ] [Wendy First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ ❑ ' [Red Horse LLC ] [ ] [ ] [ ] ❑ ❑ [ I[ ]C ][ ] Grantee Address (Name) [Red Horse LLC ] (Address 1) [12769 Patricia Drive ] (Address 2) [ ] (City, state, Zip) [North Royalton ] [OH] [44133 ] Consideration [272,350.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ county El [ I Percent. in this Juris. [ 100) Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [portion of 03400-00-00-04600 ] Tax Map Num. (if different than PIN) [portion of 03400-00-00-04600 ] Short Property Description [45 acres, Parcel X ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) C ] C I [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Boyle Bain Reback & Slayton [Richmond & Fishburne [Richmond & Fishburne [214 East High Street [Charlottesville ] [VA ] [22902 ][ 006144 TAX MAP: A Portion of 03400-00-00-04600 PREPARED BY: BOYLE, BAIN, REBACK & SLAYTON 420 PARK STREET CHARLOTTESVILLE, VA 22902 Title Ins. Co. Chicago Title Insurance Company THIS DEED, made this 12th day of May, 2008, by and between LINDSAY ELLIS and WENDY J. ELLIS, husband and wife, Grantors, and RED HORSE, LLC, a Virginia limited liability company, Grantee, whose address is (A pa,.�l [V,D(, 4h R uya l+t�, 0 fl 44133 , WITNESSETH: That for and in consideration of the sum of TWO HUNDRED SEVENTY-TWO THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($272,350.00), cash in hand paid, the receipt of which is hereby acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY OF TITLE and ENGLISH COVENANTS OF TITLE unto the said Grantee the following described real property: SEE ATTACHED SCHEDULE A This conveyance is made expressly subject to easements, restrictions, conditions, and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or have not otherwise become ineffective. WITNESS the following signatures and seals: (SEAL) Lindsay Ellis (SEAL) Wendy J. Ellis STATE OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing deed was acknowledged before me this day of May 2008, by Lindsay Ellis and Wendy J. Ellis. My commission expires: 05 Notar ublic LITH B r'A__ No7ARY'U�t� Corrlmonweait of Virginia hey Commiss ong #i f37�38 ! xpires Jun" 2009 SCHEDULE A All that certain tract or parcel of land, situate in the Rivanna Magisterial District of Albemarle County, Virginia, containing 45 acres, more or less, more particularly described as Parcel X on a plat by Roudabush, Gale & Associates, dated April 10, 2008, attached to and recorded herewith as part of this deed. Parcel X is to be added to and become a portion of Albemarle County Tax Map 34 Parcel 60. The property herein conveyed is a portion of the property conveyed to the Grantors herein by deed from David E. Dresner and Nancy Kozlowski dated June 26, 2003, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2502, page 1. NOTE A CURRENT FIEIrD °.SURVEY WAS PERFORMED ON PARCEL 46. THF COURSE5 AND ACREA6E5 FOR PARCEL5 60 WAS TAKEN FROM PLATS OF RECORD. VICINITY SKETCH V = 2000' ` 0,,94 •o Qav S T E 41 m1 v � x MARSHALL ; pARG..L 46.� KS P��acA p O Fi Z`O�J Tq f� g OWNERS APPROVAL Thesubdivision of the 1c is with the free consent with the desire of the ur proprietors, and trustees future potential develop" deemed as theoretical on, affixed to this plat are the best of my knowledge. LIN€7SAY OR WENDY NOTARY PUBLIC THE FOREGOING INSTRUMENT WAS THIS 'nJ DAY OF f"+ l My Commission Expires !� CORDATION 59 � The subdivision of the land describetl herein is with the Free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, Any reference to future potential development is to be deemed as theoretical only. All statements affixed to this plat are true and correct to tbest of ls knowledge: �g it RED HORSE, LLC NOTARY PUBLIC THE FOREGOING INSTRUMENT WAS ACKNOWLEOGED BEFORE ME' THI5 to`M DAY OF(�_ y 20a My Coms on miExpires 1201 a CHERYL M. TRZCINSKI NOTARY PUBLIC • STATE OF OHIO . 11800rde6 in Cuyahoga County My Comm. Expires Maicil 6, 201 O ` PLAT SHOWING A PROPERTY LINE ADJUSTMENT ADDING PARCEL'X', 45.000 ACRES A PORTION OF PARCEL 46 OF TAX MAP 34 TO BE ADDED TO PARCEL 60 OF TAX MAP 34 LOCATED ON STATE ROUTE 20 RIVANNA. MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA ACREAGE SUMMARY TMP 34-46 79.243 Ac. by Survey -- 45.000 Ac. Parcel 'X' 34.243 Ac. Residue Parcel 46 COMBINED PARCEL 60 178.206 Ac. by Deed + 8.270 Ac. DB 35B6 p. 337 + 45.000 Ac. Parcel 'X' 231.476 Ac, New Total This plat wag prepared wlthout the benefit OF a Title Report. The Parcels involved may be affected by the followlnq easements; additional easements other -than those shown may exist. I. Parcel 46 30' Access Easement, and Road Maintenance Agreement In D.B. 2501 p. 141. Shown on this plat. 2. Parcel 60 Rights and Responsibilities concerning a Mill Race D.B. 93 P. 348. Unknown location. Virginia Telephone S Telegraph Go. D.B. 318 p. 262 and D.6. 2"11 p.426 ATaT D.B. Ib3 p.051 Oi ,�9 c�V0U RD 1). C,-, $EL! Lic. No. 1599 Parcels 46, 60 are Zoned RA, Rural Areas J. Ellis Parcels 46 and 60 each contain a building site �e22�123 that.:Gomplfes with 5ectlon 4,2.1 of the Albemarle county Zoning Ordinance. 'I i1-152 (plat) unless otherwise shown, Parcels 46 and 60 Ile In Flood Zone X, areae determined to be outside the (plot) i0-651 (plat) 0,2% annual chance Floodplain as shown on FIRM Community -Penal Number 51006 0I'75D, effective date February 4, 2005. Under current countypolicy, public water and/or sewer service will not be available to these properties. -Ive ihlo 44133 Parcels 46 and 60 Ile In the North Fork Rlvanno RIvAr 1Nat6r9hArl �Iat, Parcel 60 ) The stream buffer shown hereon shall be maintained In oGcordance with the Albemarle Govnty PIoter 31, 38B-33) (lot) Pp p Protection Ordinance. The Development Rights For Parcel 60 is not affected by this plat, It has 5-Develpoment Rights and may be Further divided. Parcel 'X' has 4 Development Rlghts and may be further divided. Rescive Parcel 46 retains I (one) Development Right and may be Father divided. Irons Set Jan, 24, 2006. PLAT SHOWING A PROPERTY LINE ADJUSTMENT ADDING PARCEL'X', 45.000 ACRES A PORTION OF PARCEL 46 OF TAX MAP 34 TO BE ADDED TO PARCEL 60 OF TAX MAP 34 LOCATED ON STATE ROUTE 20 RIVANNA. MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA ACREAGE SUMMARY TMP 34-46 79.243 Ac. by Survey -- 45.000 Ac. Parcel 'X' 34.243 Ac. Residue Parcel 46 COMBINED PARCEL 60 178.206 Ac. by Deed + 8.270 Ac. DB 35B6 p. 337 + 45.000 Ac. Parcel 'X' 231.476 Ac, New Total This plat wag prepared wlthout the benefit OF a Title Report. The Parcels involved may be affected by the followlnq easements; additional easements other -than those shown may exist. I. Parcel 46 30' Access Easement, and Road Maintenance Agreement In D.B. 2501 p. 141. Shown on this plat. 2. Parcel 60 Rights and Responsibilities concerning a Mill Race D.B. 93 P. 348. Unknown location. Virginia Telephone S Telegraph Go. D.B. 318 p. 262 and D.6. 2"11 p.426 ATaT D.B. Ib3 p.051 Oi ,�9 c�V0U RD 1). C,-, $EL! Lic. No. 1599 tMP 34 - 501 Samuel Proston 17auglas, 3r D.8.526 p. 026 ':rN+ 1 MP '15'12"W 32 AM I ,4I SB4'35'12 > x \ 201, 54 N82'56'48 E 29� 76' ��-;• n 877' l3bRyK,`� x 1 MP '15'12"W 10 ,4I , n s� o h , SYtI , I co y 1 ll 1 I m n I f1! I 1 I I I '29'00"E S13 14' N711'228's w. 13a." 7i J.9 . a; / wN61'IA'A8"E 4 A: E 185,39' '47'12"E I PARCEL 'X' 45.000 AC. Npd S> 1.5. 3' � 838-W THP 35-12 Bellevlev+ Form, LLG ' P, 10% pp. 05-1-058 (}plat) Red Ho se,,I0131L P.B. 434 p. 6Gt (plat) ,.. ;,,^ l:. I P.B. 54c121- P.B. 2161 pp. 05 ?24'46'00^ 1 529.92' sP_ 219.97' 579'44'00"E pS• 55.61' PARCEL 60 186.48 Ac. (by Deed) P111 N28 '3� 5i8'37' 40"W I.F. 0 24" 217.92' HICKORY 1 WA F I.F. N4V 192 03 61 62 pG I ),,pprox. ! Ge55 e - - P 0h TMP 34 - (9 '1 d 62 I 7MP 34 - 66 Harry H. Mawboch Estate + WIIHam White E6kc 1^113. 115 p. IO1 i P.B. 256 P. 54 D.B. 1260 t) p. 331 (pla 6 ' 0 ro I.F. j ��� �• coEtage moo. , 11 RESIDUE cotter $ �.' reel - PARCEL 46 34,243 AC."°�°e i3 ' rreN a base � �. TMP 34 - 45 a�a , David E. Pre5ner Nancy Kozlow6kl i D.B. 1066 P. 213, p.216 (plat) n VB. 2501 pp. 151-152 (plat) n P.B. 2cl21 pp. 650-651 (plat) P.B. 3302 pp. 364-635 [plat) r , 1 LF. ti -I 40.9' 1 l.F. on line l cl ea. 1 Exininq 30 Access Esm D.B. 2501 pp. 151-752 (p P.5. 2501 p.141 (road molntenonce agreement) TMP 34 - 46A -.'' Ifo Povld E. Pre5ner 4 Nancy Kozlowski 1 P.B. 3302 pp 630, p . 6650-364-635 (plat) a��� P.B. 291 pp. 651 (plat) OF�apd6�r�P 0.40 m1. to 5t.Rte. 640 Turkey Sag Load 3(plat) {plat) 7-911rlw r -* a� o, ,b �r p�4 ui 529'35'30"E 4, 237.34' N29'35'30" 3, 211.18' ` 4 A 02'08'43" I 1 R=1472.40' �s A=55.13' i S34'12'02'W 1 i Lc=55.13' N S41'49'06"W 54.42' 8.2-1 Ac, Parcel X Np1 ,g 0 , S37'59' 18"W 105.00' Added to Parcel 60 1n sB ��4 4 519'03' 18"W 35.59' D.B. 3586 p. 551 STATE ROUTE 20 Approx. Location Telephone r `. (${}' & Vdlfgble) R/O/W TMP ft - 615 Esm t. D.B. 183 p. 05-1 and —� Red gym, (p, ) D.B. 2iT P. 42b. �� 5tan1g point Roact D B. 8586 p 83'11, pp 186 85q (pfaE) \ Approx. L000tlon PoNer Line Right -of -Ha D.B. 312 P. 12-7, \ p. 124 (plat) W34'28'30"W 2.381.62' _ _ _.�- �—�• - _ '�- - _ � _ � TMP 34 - -TOE \ John Henry or Nicole Lewl5 D.B. 33$1 p. 306 llelrs of Joaeph'H Iker i D.B. 1150 pp. 222-223 (plat) D.B. 218.3 p.2 l - blA \ j anne Hllhelm P, 1 Ii LTH ow n 40E .28' .54' .52' .92' NOTEt .73 A CURRENT FIELD SURVEY WAS PERFORMED �a ON PARCEL 46. THE COUR5E5 AND ACREAGES .15' l-e')P CAt7/'.Ki An IAl=011- r.&VM.l Fnn" YUP LE,��� EDWARD D. CA,4tPBELL, Ilt�� Lic. No. 1599 �S UR�O4 SCALE 1' = 500' 0 250 0 500 1000 — SCALE IN FEET RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON May 14,2008 AT 2:21:48 PM $272.50 GRANTOR TAX PD AS REQUIRED BY VA CODE 158.1-802 STATE: $136.25 LOCAL 136.25 ALBEMARLE COUWY. VA AM. SHIP ERK F �� T C A O X R P E X E M P T ■ N F-11:1 0 E Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [I1-8 VLR Cover Sheet Agent 1.0.661 Date of Instrument: [2/5/2008 ] Instrument Type: [DBS ] Number of Parcels [ 11 Number of Pages [ B] 001541 Doc ID: 004791010008 Type: DEE Recorded: 02/05/2008 at 04:03:24 PM I Fee Amt: $225.17 Pape 1 of S Albemarle Countv VA Debra M. Shipp Clerk I File# 2008-00001541 13K3548P0331-338 I ----------------------- I City ❑ Countyx❑ [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name I Middle Name or Initial Suffix [Dresner ] [David ]JE ] [ ] [Kozlowski ] [Nancy JIM ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial j Suffix [Dresner, Custodian ] [David ] [E 1 [ ] [Kozlowski, Custodian ] [Nancy JIM ] [ ] Grantee Address (Name) [David E Dresner and Nancy M Kozlowski ] (Address 1) [3883 Brocks Mill Road ] (Address 2) [ ] State, Zip) [Barboursville ] [VA ] [22932 ] Cons lde tion [35,000.00 )Existing Debt [0.00 ] Assumption Balance [0.00 ] Prlor lnstr. ecorded at: City ❑ County ❑ [ I Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [Portion of 34-45 ] Tax Map Num. (if different than PIN) [Portion of 34-45 ] Short Property Description 15.94 acres ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # I of 2 [Boyle Bain Reback & Slayton ] [BOYLE BAIN REBACK & SLAYTON ] (BOYLE BAIN REBACK & SLAYT'ON ] [42.0 Park Street Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form B [ILS VLR Cover Sheet Agent 1.0.66] T G G C Date of Instrument: [21512008 ] A R R O Instrument Type: [DBS ] X A A R N N P Number of Parcels [ 1 ] E T T X O E Number of Pages [ 61 I — — — — — — — -- — — — — — — — — — — — — — — — - E R E City ❑ County x] [Albemarle County ] (Box for Deed Stamp Only) M P Grantors/Grantees/Parcel Continuation Form B T Last Name First Name Middle Name or Initial Suffix ❑ ❑ ® ❑ [Dresner ][Frank ][ ][ ❑❑❑❑ [ 1[ 1[ ]€ ❑❑❑❑ ( 1[ ][ ]C ❑ ❑ ❑ ❑ C ]C ][ ][ ❑ ❑ ❑ ❑ [ ]€ 1[ ][ ❑ ❑ ❑ ❑ [ ][ 1[ ]C ❑❑❑❑ [ ][ ][ ][ ❑ ❑ ❑ ❑ [ 1[ ][ 1C ❑❑ ❑❑❑❑ 1€ ]r ][ ❑❑❑❑ [ 1[ 1[ ]€ ❑❑❑❑ [ 1€ 1[ ]€ ❑❑❑❑ C ][ ][ ][ Prior Instr. Recorded at: City ❑ County ❑ Book [ ] Page Parcel Identification No (PIN) Tax Map Num. (if different than PIN) [ Short Property Description [ Current Property Address (Address 1) (Address 2) (City, State, Zip) Cover Sheet Page # 2 of 2 ] Percent. in this Juris. Instr. No [ r_ _..------------------- —- I ' I i 001541 PREPARED BY: BOYLE, BAIN, REBACK & SLAYTON 420 PARK STREET CHARLOTTESVILLE, VA 22902 TAX MAP NO: Portion of 34-45 CONSIDERATION: $35,000.00 TITLE INS CO: UNKNOWN DEED and RIGHT OF FIRST REFUSAL THIS DEED AND RIGHT OF FIRST REFUSAL, made this 5h day of February, 2008, by and between David E. DRESNER and Nancy M. KOZLOWSKI, husband and wife, Grantors; and David E. DRESNER, and Nancy M. KOZLOWSKI (either of whom may act) as custodian for Frank DRESNER under the Virginia Uniform Transfers to Minors Act, Grantee, whose address is 3883 Brocks Mill Road, Barboursville, VA 22923. WITNESSETH: That for and in consideration of the sum of THIRTY FIVE THOUSAND DOLLARS ($35,000.00), all of which is satisfactorily secured by deed of trust of even date, delivered and recorded contemporaneously herewith as a part of the same transaction, receipt of which is hereby acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL, and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee the following described property: All that certain lot or parcel of land containing 5.94 acres, shown as Lot 2 on plat entitled "Family Subdivision Plat Lot 1, Lot 2, Lot 3 and Lot 4 A Portion of the David E. Dresner & Nancy Kozlowski Property Also Boundary Line Adjustment Parcels X and Y, Each a Portion of T.M. 34-45 Being Added To and Combined With Revised T.M. 34-46A And Parcel Z, A Portion Of T.M. 34.46A Being Added To And Combined With Lot 3 Located On Existing 30' Access Easement and Brocks Mill Road off State Route 640 Near Gilbert Rivanna District Albemarle County, Virginia" prepared by Roger W. Ray & Assoc., Inc., dated October 5, 2007, last revised January 21, 2008, which plat is attached 1 to and recorded with a Certificate of Plat and Boundary Line Adjustment dated February 5, 2008 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Bookpage the "Plat"); SUBJECT TO a Thirty Foot (30') easement providing access from Brocks Mill Road to Lot 4 in the location and along the course and for the distance as shown and described on the Plat and according to the terms of that certain Deed and Road Maintenance Agreement dated February 5, 2008 and recorded in the Clerk's Office aforesaid in Deed Book 30bage 7W; SUBJECT TO a Thirty Foot (30') easement providing access from Brocks Mill Road to T.M. 34-46 as shown on the Plat and according to the terms of that certain Road Maintenance Agreement dated May 5, 2003 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 2501, page 747. AND BEING a portion of the property conveyed to the Grantor herein by deed from Roger A. Payne and Shirley F. Payne, husband and wife dated September 7, 1989 and recorded in the CIerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1068 page 273. Right of First Refusal: The Grantors do hereby RESERVE for themselves and their heirs a right of first refusal to purchase the Grantee's interest in Lot 2 as more particularly hereinabove described if the said Grantee, his heirs, successors or assigns proposes to sell the same, upon the same terms and conditions as may be contained in any bona fide contract for the sale of such interest. The Grantee or his heirs, successors and assigns, who may contract to sell such interest in said property shall submit to Grantors or their heirs, a true copy of said contract or statement setting forth all the terms and conditions of such bona fide contract and Grantors, or their heirs, shall have thirty (30) days from the receipt thereof within which to exercise such right of first refusal with respect to the sale of said interest, which exercise shall be in writing. In the event Grantors or their heirs waive such right of first refusal, Grantors or their heirs shall join in any deed of conveyance transferring the property to evidence release of said right. 2 Powers Appointed The Custodians_ Full power and authority is hereby granted to David E. Dresner and Nancy M. Kozlowski, either of whom may act, as custodian for Frank Dresner, under the Virginia Uniform Transfers to Minors Act (the "Custodian"), and their successors, to protect and conserve the Property; to sell, contract to sell and grant options to purchase the Property and any right, title, or interest therein on any terms; to exchange the Property or any part thereof for any other real or personal property upon any terms; to convey the Property or any part thereof by deed or other conveyance to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber the Property or any part thereof, with or without consideration; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on the Property or any part thereof from time to time, for any period of time, for any rental and upon any other terms and conditions; and to release, convey or assign any other right, title or interest whatsoever in the Property or any part thereof, with or without consideration. No party dealing with the Custodian, or their successors, in relation to the Property in any manner whatsoever, and (without limiting the foregoing) no party to whom the Property or any part thereof or any interest therein shall be conveyed, contracted to be sold, leased or mortgaged by the Trustee shall be obliged to (i) see to the application of any purchase money, rent, or money borrowed or otherwise advanced on the Property, (ii) inquire into the authority, necessity or expediency of any act of the Custodian. Every deed, mortgage, lease, or other instrument executed by the Custodian in relation to the Property shall be conclusive evidence in favor of every person claiming any right, title, or interest thereunder that such instrument was executed in accordance with the terms and conditions hereof. The Custodian has the powers set forth in Section 64.1-57 of the Code of Virginia. The 3 word Custodian as used herein shall include the singular and the plural, as the case may be, and any successor Custodian duly appointed in a recordable writing. Family Subdivision The division of Tax Map 34-45 creating the 5.94 acre Lot 2 hereby conveyed to the Grantee is a Family Division pursuant to Sections 18-56 and 18-57 of the Albemarle County Subdivision Ordinance, and said 5.94 acre Lot 2 shall not be transferred by the Grantee for a period of two (2) years from the date of recordation of this deed and plat except in accordance with said sections of the Albemarle County Subdivision Ordinance. This conveyance is made expressly subject to easements, restrictions, conditions, and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or have not otherwise become ineffective. WITNESS the following signatures and seals, which may appear in counterpart: [counterpart signature page 1 of 21 '2�Z41�' - L! -[SEAL] David E. Dresner mfa 41 V, 6 �V' i � r [SEAL] Kkic�yM. ozlowski COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing Deed was acknowledged before me this 5h day of February, 2008, by David E. Dresner and Nancy M. Kozlowski. My commission expires: � [a k 4 TIMOTHY IVAN KFLUY N Notary Public Commonwealth of Virginia 316244 IMX Commission Ex free Feb 28, 2011 5 [counterpart signature page 2 of 21 Frank Dresner 5 By: % [SEAL] DAd E. Dresner, Custodian under the Virginia Uniform Transfers to Minors Act By: [SEAL] Nancy M. Ko ski, Cu "ban under the Virginia Uniform Transfers to Min Act COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing Deed was acknowledged before me this 5th day of February, 2008 by David E. Dresner and Nancy M. Kozlowski, as Custodian for the benefit of Frank Dresner under the Virginia Uniform Transfers to Minors Act. My commission expires: TIMOTHY IVAN KELSEY Notary public Commonwoolth of Virginia Noar P lic 316244 y 1MY Commission Expirsa Feb 2a, 2011 RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON February 05.2008 AT 4:03:24 PM $44,50 GRANTOR TAX PD AS REQUIRED BY VA CODE 958.1-802 6 STATE: $22,25 LOCAL: $22.25 ALBEMARLE COUNT , VA C M. SHIPP RK Instrument Control Number f Commonwealth of Virginia ` Land Record Instruments Cover Sheet - Form A [ELS VLR Cover Sheet Agent 1.4.87] T C A O X R P E X E M P T NO ❑ ❑x ❑ ❑ Date of Instrument: [71612006 ] Instrument Type: [DTCL ] Number of Parcels [ 11 Number of Pages j 61 017138 I I{{II{I VIII{ 111 {Illl Nl{{ lllll II{II II{II II{II 11111 II{II VIII I{III {{III Illi Illi Doc ID: 003142470007 Type. DEE Recorded: 152a 07:45 PM Fee Amt: $1.33Page I of Albemarle County, VA Shelby Marshall Clerk Circuit Court File# 2006-00017338 BK3302 Po363-369 City LJ County [x] [Albemarle County ] (Box for Deed Stamp Only) F First and Second Grantors I La_ st NameFirst Name Middle Name or Initial Suftix [KERR ] (EVELYN ] [HASTINGS ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix [BB&T-VA COLLATERA ] j -- - ] [ - -- ] [TR ] Grantee Address (Name) [BB&T-VA COLLATERAL SERVICE CORP. ] (Address 1) [823 EAST MAIN ST, FLOOR 16 ] (Address 2) [ ] (City, State, zip) [RICHMOND ] [VA ] [23219 ] Consideration [25,000.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [06061-00-01-30800 ] Tax Map Num. (if different than PIN) [06061-00-01-30800 ] Short Property Description [UNIT 308 BLOCK I PH II HUNTINGTON VILLAGE ] [ 1 Current Property Address (Address 1) [308 HARVEST DR ] (Address 2) [ ] (City, State, Zip) [CHARLOTTESVILLE ][VA ] [22903 ] Instrument Prepared By Recording Paid for By Return Recording To (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [KASSIE TUCKER [FIRST AMERICAN LENDERS ADVANTAGE [FIRST AMERICAN TITLE INS, [1100 SUPERIOR AVE STE 200 [CLEVELAND ] [OH] [44114 [9890900 ] [ ] [ When recorded mail to: FIRST AMERICAN TITLE INSURANCE LEND.CR.S'ADVANTAGE 1100 SUPERIOR AVENUE, SUITE 200 CLEVELAND, OHIO 44114 ATTN. FT1120 9036407562 06002 This instrument was prepared by: ,ference Nu ber(s) aati Con—_T_— 3,05V0 NOTICES FERMIED OR REQUIRED UNDER VIRGINIA CODE 55-58.2, AS AMENDED, MAY BE SENT OR DELI ERED TO: BRANCH BANKING AND TRUST COMPANY OF VIRGINIA 823 East Main Street Floor 16 Richmond, VA 23219-3310 Recording: Time, Book and Page VIRGINIA DEED OF TRUST THIS IS A CREDIT LINE DEED OF TRUST THIS CREDIT LINE DEED OF TRUST ("Deed of Trust") is made as of this 6th day of July, 2006 by and between: E'VEAPHASTINGS KERR GRANTOR GRANTOR (Whether one or more "Grantor") TRUSTEE BB&T-VA Collateral Service Corporation 823 East Main Street Floor 16 Richmond, Virginia ADDRESS: 23219-3310 308 HARVEST DR ("Trustee" and for recordation purposes "Grantees") BENEFICIARY CHARLOTTESVILLE, VA 22903-4851 BRANCH BANKING AND TRUST COMPANY OF VIRGINIA, a Virginia banking corporation 823 East Main Street Floor 16 Richmond, VA 23219-3310 Pj 9 0900 ('Beneficiary" and for recordation purposes "Grantee") THE FOLLOWING INFORMATION APPLIES TO THIS DEED OF TRUST: , 1. This Deed of Trust secures a credit line governed by provisions of Va. Code§ 55-58.2, and secures all present and future advances thereunder. 2. The maximum aggregate principal amount of the Debt (defined below) which may be secured by this Deed of Trust at any one time is TWENTY-FIVE THOUSAND DOLLARS & 001100 Dollars. 3. The Debt, on the date hereof, is evidenced by a BB&T Tax Advantage Credit Line Agreement of even date herewith from Grantor and may be evidenced by and shall be at all times deemed to include, any Notes or other Documents (defined below), now or hereafter evidencing any debt whatsoever incurred by Grantor and payable to Beneficiary, the terms of which are incorporated herein by reference. 4. No execution of a written instrument or notation shall be necessary to evidence or secure any advances made hereunder. 5. The real property which is the subject of this Deed of Trust is located in or near the City of or in the county of ALBEMARLE in the Commonwealth of Virginia, and the legal description of the real property are set forth as follows: SEE ATTACHED SCHEDULE "A" 1432VA (06 10) Page 1 of 5 STATEMENT O: Docuive t", and such Hr which secure its I ereafter e e tied, al afil tiosiof Granto 0 4 r lM mfs:t, orf nebt , inctiu (i ate �ote�o �ot);ier Do�u�n I PURPOSE: In this Deed f Trust r f repce shall be made si�p1 to a reference is dee ed to a ry to all qte to truti� �is which guide ceq avment. and to z renev a�s. extensions and moditieations thereof wl or to lienelcry i which are a meat or tti t* - 1B on st rate it so n under the t s r other A'lrust, or r , �..,1 ,1,,1.Y1., p y e a orneys 1a:w v1 u►c 1JG11G11,i1LUy, insurance prenuunis and ad_v' rem iazes�.` NOW, THEREFORE, for the purposes and u aer the conditions described in this. Peed of Trust and in ponsideratip of the Debt Ind the mutual promises otGr tr d Be efi i Grantorhery conveYs to Trustee, in test, with i wer of sale, the r I gr ert de corii cod i�katlis�ee s Trust, tpogetier with an� iiX►prov the t� equipment urrtten i tt rieoexisting s tst do °i le ea�ter1, -placed the Prp a rto" shalyai elude tr1his l All propertty, a y an improverttents, tixtur s, and al o avl appurtenant rights and priTiifee s. TO HAVE AND TO HOLD the pro rty to T �t a its successors and assigns but on the trust, and under the terms and conditions of this Deed atp'rus�, tow grantor, Trustee and Beneficiary ereby agree: 1. PERFORMANCE BY GRANTOR. Grantor shall fulfill all of Grantor's obligations as specified in this Deed o Trust, the Note or other Document. 2. TAXES, DEEDS OR TRU T, QTHER ENCUMBRANCES, Grantor shall make f tnely payment of all ad ��orem t s,, as essments or o er char S or encumbrances which may constitute a %en o tri Pro erty. �Gvvrantor shla�,ttrt�ey a an r orm any ation, covenant or warhranty�contatned,intany otri�rpeec oft i ptor Yro ieA (ligein t]the ue me uast� owf Bene cis rise y tum shi satlss cto nsevude ce lien sttc in any oh the p ark h p q rnu, atrey prompt �y y ry i� t payment or :cheasZ;VZ'ithout thy e Property ite consent 01 ee6t%iciarryy. rancor srta ti Ile payeatnd perio pa�lt errmor s an pany bl Y part 3 INSURANCE. Granty shall keg insured all 'mpro a enc whi h are n yv exis in 4nd. wbich, mi ht hereafter become part of trip t'ro erty, at inst lo$s by fire a14 ot�ier shazares, casu��ties an� c�nt.}ngencies in such amount and for such periods s may e , required from time to time by Benp icia}y, an Grantor shall ay rom t , when d , an e urns on the urance. All ins ranee sh 1 be c i d wit co ansa rovedpb et}etic and sia eau a all po�Ayorergs d renews thereo to beevere toenf%iai} and the ltcies s aa��11 c nt n los a abl c aus ino n ranenecanc Benesieta mea make r000ss tf such 's hat arise prom tl b�� r for An insure is hergeby tot xparreyssly auth�o�r�ize an directped to a payment ar thet, oss olecdisc etion and to its option ei herhorthe reuctib otli D'eb or [o thane reStoraat onso�reanfii�oatiih Ceor�ion o 4. ESCROW DEPOSITS. Ugon demand of Be eficir, Gr for slift�l,add to each meet required under the dote or ether Document the am unt estimated by, ene is t�e su is}enbt to enabl ene ,tctar + to pay as the come lie all t axes, ch gees, as�esst pits, an tnsuranc� to lie whic Grantor is require o ay. Furthpi�, y efficiency oc anion y an insufficiency of such a d tional payments shall be deposite by Grantor with ene Mary upon eman . 5. P)ESERVATION e�ND MAIN ENANC OF THE PROPERTY. Grantor shall keep the Property in tialcieiarrpyrec'psC aiirrr,eansciqt onriowueis w (reiac,h� omnafbg at miepar iant t etevaarluexe eoc ttade)l rod esrthayl.l good oaner ither c it n r, ermit ancoso aantor n t imlate or a5ieqa in haystructuralalteration thereo,without nef prior wri ten consent. qt k. COMPL A CE j�VITIi LAWS. Grantor shal ugul r�y aga, rompotlby cop ly with In at ,icable legal re wrements o e United States, the ommonwe t o irgini or ter go ernmenta ent ty, agency or ins rumentality re at to the use or condition of the roperty. 7. CONDEMNATION AWARD Any award for the taking of, or dama es t, all o any part of the Property $r airy interes therein u on tie lawful exercise of the ower of �in�nen� domain shall be payable solely to eneticiary, w is may apply the sums so received to pay ent oft a e. t. 8. PAYMEVTS Y PEN% ICI RY. If rankor shall be in defaplt in the timely payment or erf rmance of Fy of Grantor s ob i110tions, tie ote orother Document, under thi Deed of Trutt or Other eed of Trust, ine�1'c} but i is not obb11i ated to, ex end f r tri account of G'srantor an sums, ex enses and fe hic Bci Mr&es appropriate fo� a rotec ion of the Koperty and tri mamte fan a and execution of t its ee�tlprlist�ny amot#nts o expend d aii be �t emeh rincipAl advances lly secur i�v tris D ec Trust, shal ear i terest from a time ekpen a until pal at t grate o interest accruing on e De9t, an s 1 he due an oavab a on demand. 9. IZENTS and PROFITS. Grantor hereby aSsi ns to Benefici all future r nt d profits from the Pro err aas� a ditio secu toryy ffor the ay grit o the"1)eb and foT. the per�orsn cc of al o�sligatins secured b this lee oi, Trust. rant Hereby ap Dints Bene lei as Land s attdrney-ton-t ct to co lect any rents and profits with qr ith ut it, a}ia to app1 . t ie sa�ie, sS ex ense a f co coon, to the �e}�t qr t i�iiii ob ations s cur b this eec�dOf' rust to an� tli�iner as Bene ciary may gsire. However, until default underythe Note or?trier Document or under this Dee or$ `rust, Gr tqr tt}ay ot}ttnue to collect and ret4in th 'its and pro its without any accgtlntabilit to eneficiar Beep ci�ry selection to rsue the collecttion of tie rets o rofits sh�}1 b in addition to11 quer redtmedies wiiic�i tleneficiary mightiave and may be put Into effect independently or or concurrently with any o er rem y. 10. ANT R'S CO�TINUIN OBL G�1TjON. is D ed of T st shall remail as security for 11 a ent of the Debt an� for performatce of by ohlig tion evidencede b the�lote or other Documept, ygotwithstpaiid m any the gllo vie : a) the sate a qr a ea e g 1 orti art of e P o ert ; {b) a ass m tion by ano#her of rantQr s o lig tioi s un�er this �ee oKrust, the ote of qt er l)ecut lent- (c� the or earanca or extensions of ime ffor ay en o the ebt or for erformance o any o ltgation nder this Deed ofgist, t ae,�No a or other ilmasssu ee a merit o t Gr retr or wio ass smed an o oter Die Propertd}+er th`td) ) o '1'rttsiy rty gg ti} y e obi ati n e ole r octhep ocumep yI�[o o l ie fo a pi shall1, n an wa , arffecl e tilsl More in effect of the 1i'� n of this eed ofrust or impatre eftciary sta detici ny �u gmfn int a ev l otpforec1osure gainst Gr ntor,or airho IlacLassyme?c�azm it o �ie De t or, w io. as ur ecr at y o r ouiil ations the pe;taorma>ce o w ieh is LEVIsectred by this De o e e i i may, nit's so a iscret on, r m ti a to time waive or forbear ram enfor iilg airy prRovistcnn of this Deepd of i�i t, unci nq ys ch waiver or for�iearailce shll be a erred�tia waiver by to . orce stricil�i al provisionsof thr s coledde ltrrust abiid to execute any an ai remedies pro de herein and by 1432VA (0510) Page 2 of 5 Y ! I 11,, EITHER TRUSTEE MAY ACT AND SUBSTITUTION OF TRUSTEE Notwithstandin anythin cc1tamed herein to th cont r4ry an Trustee m y act hereunder with ut the joind r ofa�y other st e a withouk the joinder opbene. nd an act to en hereunder by any Trustee shall �e as etTective as ii t Ten b every Trustee nder this Deed offrust. i�eneficiary shall have the unqualified right to remove the individuals Trunate%d as Trustee on tie fi st a of this Peed o fp Tr�t�St, �to a point qn or mo a ubstltute or ucce sor Trusees by instruments tiled for Fegistr tion the Cleric s tTfice wtere this �eed orf Trust is records'%; ,ny such removal1 or ointme t may be made at any tim and fr m time to time without n tire, without Sect m Estee, reason theren and without any court approv4l. Any such appointee shall become V, ly, vested wit�i title tgProperky and with all rthts, powrs andduties confrred uUUon the individuals) Qr gin�llyde i natecl a in the same mann and to t e same effect as oogh In party were names! Lerein as original Trustee. 12, INDEMNIFICATION IN EVENT OF ADVERSE CLAIMS. In the event That Beneficiary or Trustee volurttrily pr otherwise hall beeore Parti s to any suit or legal�roceedgininvQvin the Property, theyshall be saved am ess,and s a 1 be reim u ed y Grantorforan unts paid, me uing allcosts chfirges and actor y's teesincurredanysuch itorproceeding, and the me shall he secured by this Deed of Trust and payagF upon demand, 13. LNSPECTION. Beneficiary may of snyProperty, reasonable time and from time to time make or cause to be made reasona le entries upon and inspection S� o Ehe p y, 14, WARRANTIES. Grantor covenants with Trustee and Beneficiary that Grantor is seized of the Property in fee Simple has the ri ht to co v the same m, fee spmple, th t ti le to the o erk is marketa le anal and clear of al 9 encumbragrices, and teat Grantor will warr�iit an defend the tit a against the lawful claims ofall pe;sons whortisgever, subject only to a%y deFlntatiors, ease rpents, restrictions or encumbrancgs listed in, the title I�to on r tit a insurance policy �vhie t3ene iciary o tam in the transaction in which Beneficiary obtained this ee of Trust. 1$, ATTORNEYS' FEES- EXPENSES. If Beneficiary institutes any suit or action to enforce any of the terms of this Deed of Trust, Be a iciary shall be milled to recover such sum as the court r ay d udge re sortable as attorneys' fees at trial an any appeal;hether or not any court action is involved, all seasonable expenses enc rred yy Beneficiary which in B circa s opinion ue ne�ess tan fine for th rote tion of its interest or the en 4 cement of its rights sha�ecome a part of the Debt pa}7abfe on emand anghall dear interest at the IVa a or other D cutnent rate from the date of expenditure unfl repaid. Expenses covered b this aragraph ine ted , �v�tho�lt imitatioQ, ow ver su ect to any limits and r applicable law B neiicyary's tfornee s equal to 3 k", oft y pxmcipal ba�an e T ��n the Nate oro er't7ocument whether or not ere i a awsltit o}ne udin attorne s fee , equa , to 3,DD� o of Tie pprincipal balance due on the Dote or other Dociimen for ankruplcy prose dings s(mcltl mg efforts to modify itr vacate any, automatic stay or Injunction), appeals an any tic kpatedd pqost-ru gment col ection services, tune ost of set#rc in records, obi inin title re ortS {includin iorec tt r 3e oilCs , urveyors' reports appraisal icees, title jnsuraice, and fees for t e Trust�e, to the extenq permitted �y applicabsle law. Grantor also will pay any court costs, in addition to all other sums provided by law. 16. Al`!TI-[)!Ifjj SHALLINQ PRJVISIONS. Trustee and Beneftci ry may rant releases at antime and from time to time otr a1il or anortion o the Property (whether or not sus release are required by a reement among the parties a reeable to "'i step and Beneficiarryy without notice t or the con ent �pprov ora ment of other p rhes in in rests, inclining junior lienors a>id purchasers subject to the lien of"this) eed o) rust, and such releases shall not impair in any manner the validity of or prionty� of this Deed of Trust on that pportion of the operty reri�aimrig sect to this Deed of Tilist,, nor release i;rantor from rsonal 1fi'ability for the Debt. a it skan ing t e exi tense o any other s curity, interests m the Property helc�y Ben eceary or. b any other pa ty, B ne i fart'y sh ll have thh rI h to eterinine the ord�er in which any or all o the ropshall be 5u jectedto the zeme fes avaiI [ t erse clary, and BeneficiarXshal� further have the right to ete. ming the order in which a�iiriy or all portions o the Debt are satisfied from e proceeds realized upon the exercise o any iemed_y t h s. irrsritor, or an erty who consepts o this, or y p y who has actu4i or eogstructive notice hereof", hereby waives any an a�l rig�hts to require the, marshalling of assets in connection with the exercise of any of the remedies permitted y appricable law or provided herein. 17, ENVIRONMENTAL ISSUES. Grantor for itself, its successors and assigns represents, warrants e�niid agrees hat (a neither Grantor nor any other person has used or installed any Hazardous Material (as hereinafter defined o�1 t e Prop ty or receiv d any not ce from at�y gove ntal gen�y, entityor oth r person with reggd o Hazardpus aterials on, from or no the t'raperty�� nei er tirantor or any other person has Pio ate apy a Allis ble Environmental.�aw Ips Hereinafter efined) relating to or affecting the Pro erty; (c) the Property is r5enty in compliance Wath al Environmentalaws; t]iere are no circumstances presntly existing u qn or upd the Pro e t or relatin to the Pro erty which may, violate an a 1 cable Epvir ninental aNvs, a d kh re is not now p ndri ig, or tthreatened, icy acption, suit, mvesttgatiQn or roRaing against rantor re�ating to the Property (or against any oth r art relatin to the Property) seeking to enforce an right or remedke under anof the Environ rental Laws; d t e Fyro ert s all 6e k i free of Hazardo s Mat ri ys, grid hall rept used t generate, manufacture,, k��ednstallatjon sport, tre t, tQr , an( e, spose or processkiazarnou Ma er als; (etrantor S aTT1l pot taus n r ermit of H&zardous Mat rials in a Propertnor a rea ease of Hazardous aterials on tie IroVerty; rantor shall ret all times comp y with and ensure cbympliance all other parties with al applicable Environmental Laws relating to or affecting the Property and shall keep the roperty free and clea o airy lien$ imposed pursuang to any ap�IicPaws le•Environmental Laws (f) %(c Grantor has obtained and will at 411 times continue to obtain an /or maim m licenses permits, an10 of er governmental or regulatory gctions necessar tp compl� witp Enyironrdnent l {the permlits' ), �iid the Grantor is in.Wll col ipliance with the terms and pr�yisions,o the ermits and will continue to comp y with the terms and provisions o the Permits; { }Lir itor shal�immediat l eve the Benyiciary oral and writien iotice in th event that Granto receiyes any notice from any governmen 1 gene% , emit , or y other part withregard to azardous Materia s on, from or atfecting the Property and s al con uct an complete all inves igations, samplin , and testing, and all remedial, Pmovar, end other actions �iec scary to clev, up and remove a1T tWardGqus Ma'rials on, from o; a�fecti F the rop rty in accordance with ales ag licable nvironmental Laws. a rantor hereby agrees tq, in emntty e Beneiciarnd, hold the Be eficiaiy harmless ffori �iidgaittst an _y and all losses , li bel#ties, dama e , injuries �nct� m , without itrutation, attorneyys flees) anclaims o any an every fCin whatsoever plaids i curred or sub ere by, or asserted against Beri ficiary for, with res ect to or as a direct or indirect r ult of (a) thie resence on, or tinder, or the e�cape, spi�lage, emission or r�lease From the Fro p rty of any �azardous Matrial re ardless of whether or not caused by or within the control of Grantor, g the violation of any nvironme a� LPws relating to or affectin tlte, Property, whether or not caused l y Qr within the cot of of xantor, (c� t e allure, y Or tor t comp y ly with trie terms and provisions o this paragraph, or ) any warrant or r re ent do iiMe rantor i his p a raph bein, f1se or untrue in anmateria] res ect. F r purposes of tg§s ]Yee ofp"frust, Iazardous Matertal�' tieatis andmepetroleum products, any ammab�e explosives, ra ioactive materials, ast estgs or any material containing asbesfos, and/or any hazardous, toxic or an erous waste su sc7e( a Qr materh 4fined as Suph in (or for the plr se of) the F�nvironmental Laws. For t e urposes of {his $eo Trust nvirontnental aws" means the o rehensive nvironmental Response ccop enation and t Ac the azard cls M terials Transportat ?T Act, the Res urce Conservation and Recu'very Act, any ��uperyFun�'' or '�uper � ieri �aw or an other neral, state, or local Iaw regulate n or deer regu Cin , ielatm to r irilposmgg li bilit or s(andar s of coil%pct cons rnm any ppetrol u ppro gg��iicts, anyamthao�e plosives radioactive mdter alsosbestos or any material cantairiingg aes[o, and �oriazarddous, toxic or dans rqus waste, substance or materiae, as may now or at an dine 1�ereafter be in effect. The dOb�iatians an ha iltties of Gaitor under t1i#s parara h• shall surviv the foreclosure of the Deed of Trust, the dei cry of a flee m lice} o oreclosure, the can elation of the Dote or other Document; or if otherwise expressly permute in writing by the $eneficiary, the sale or alienation of any part of the Property. 1432VA (0510) Page 3 of 5 18'EVENTS OF DEFAULT. Beneficiary has the right to terminate the future adv4nce provisions of this Deed of Trust and declare the Debt immediately due and payable in any of the following circumstances: (a) If the Grantor fails or peglects to meet the repadymeng terms oLthe Dp�,t, or fails or neglects to pay when due any anall other sums which are or may becomes cure by this eed o rust; 0If ftthe Gir t r ac gr fail to t in a waywhic adver%e ffec��s t e se crity ledged nder thi Deed of Ti�ist r an ori t w lcll the ene iciary mayhavein such security, 5uc� action dr pinac Iiontincludes ut is not limit to t e of owing: if the rantor sells the Pr perty o otherwise transfers title to th Property without the ri r v rate erttitssion of the ei} fihciarGy; if the Grantor hits to m�ntati) tnsdurance on toe Pilo er y ccording o e ene i i s requirements; i e r for eomiits waste or q er ise oma es or estro tero ertyy, or any ortio s f it, i sup a wa at a v( el affects a ecur ty o t e Bene i 1 , if the p� to fails to h h Y P. pay Ears on to Property; if certaiitens orjucgi>ents are �e or crocketed agamstgtcheropertoy; i Elie'roerty Gi Conde e b , a governmental all ority; i a prior lie older commences foreclosure pr ceedings; i any rantor ssnoould ale; (c). If c[ionwar t)yie esent tion or $tateinenhmade�or furnishcc to Bpnefic�a b or on behalof Grantor in llpe>it or a security or t e Debt proves to ave been e i any materialrespect when made or furnished; W) A,ntevet which would permit termination under the terms of the Note or other Document, Tax Advantage rteditC ine gggreement. CC RR II CC N LL TT BEING M DIFIED IN THEUEVENT F SALBSORB�DNVEY0ANCE OF THE PROPER TERMS THEREOF 19. REMEDIES OF BENEFICIARY UPON DEFAULT, Upon the occurrence of any event of default, other than a payment default, Benefici may, at its option,, without prior notice to Grantor, declare the Debt to be immediately due and payable in l an exercise any rights and remedies_nrovided herein and under applicable law. In the event of a payment detautt Seneflclary may, at its o tion, without ,prior notice to vrantor,-declare the Debt to be due and payable in t'ttll and exercise an rigKs and remedies provided herein and under applicable law if such payment default is not cured and an ylate ayment penalty ypaid within ten (10) days after the installment due date. 'Prior to foreclosing this Deed of Trust by public sale, rustee shall advertise the time, place and terms of sale not less than once a day for three days which may be consecutive days, in a newspaper having general circulation in the city or county where the propertyto Be sold or any portion thereof lies. If Trustee deems it best for an reason to postpone or continue the sale at any time or from time to time, Trustee may do so, in which even Trustee shall dvertise the postponed sale in the same manner as the original advertisement of sale described in the immediately preceding sentence. On application of Beneficiary, Trustee shall foreclose this Deed of Trust in any manner permitted b law, includingselling the Property at public sale to the last and highest bidder for cash, free of any equity oT redemption, homestead, dower, curtesy or other state or federal exemption all of which are expressly waived by Grantor, after compliance with applicable laws relating to foreclosure sales under power of sale . and Trustee shall execute and deliver to the purchaser a Trustees deed conveying, the Pro crty so sold without any convenant or warranty. In the event foreclosure is commenced, and no sale is held, the the Grantor shall a to the Trustee: 1) all ex eases incurred by Trustee and 2) a partial commission compute on five per cent off the balance of the unpaid Debt. Beneficiary may bid and become the purchaser at any sale under this Deed of Trust. At any such sale Trustee may at his election require the successful bidder immediately to deposit with Trustee rash in an amount equal to all or any part of the successful bid; and notice of any such requirement need not be included in the advertisement of the notice of such sale. If foreclosure is instituted under the Deed of Trust, Trustee is hereby authorized to take possession of the Property and collect any rental accrued or to accrue; or Trustee may, Lease the Property or any part thereof, received the rents and profits tfterefrom, and hold the - proceeds remaining after payment of the expenses of managin and operating the Property for the benefit of the Beneficiary, tpending completion of the foreclosure sale and dis ribution of the proceeds o sale; and Trustee may act irrespcc ive of the value of the Property or its adequacy or inadequacy to secure or discharge the indebtedness then owing. 20. RELEASE AND CANCELLATION. Upon fulfillment of all obligations, theperformance of which is secured b this Deed of Trust, and upon payment of the Debt, this Deed of Trusi and the Note or other DocumentYshalI be marked Satisfied and returned to Grantor, and this conveyance shall be null and void and may be cancelled of recorded at the request and cost of Grantor, and title to the Property shall revest as provided by law, 21, MISCELLANEOUS. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and shall not be used to interpret or define any provisions. All remedies provided herein are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or cguity, and may be exercise concurrent_y,_independently or successively. All covenants contained herein shall bind,. and and advantages snail inure to the respective heirs, executors administrators, successors or as .sed the singular number shad include the lural, and the plural the. singular, and the use c be applicable to all enders. This Deed of rust shall be governed by ana construed under Vi. irbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afford tw, shall not be a waiver of or preclude the exercise of any such right or remedy, The procure or the payment of taxes or other liens or chargesby Beneficiary shall not be a watt' s right to accelerate the maturity of the Debt. Time is of the essence in the ayment ori perfort obligations, or of any covenant or warranty contained in this Deed of Trus or in the Note or IN TESTIMONY WHEREOF, each individual Grantor has hereunto set his hand and adopted as his seal the word "SEAL" appearing beside or near his signature, this sealed instrument being executed and delivered on the date first above written. Grantor �� SEAL Grantor: Grantor: Grantor; 1432VA (0510) Page 4 of 5 (SEAL) (SEAL) (SEAL) INDIVIDUAL ACKNOWLEDGEMENT STATS OF VWin'� T 1 SS CITY/CODU LEAF On this day before me, the undersigned Notary Public, personally appeared -ate A) 1A, , to me known to be the individuals d scribed in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as their free and voluntary act and deed, for theuses and purposes therein mentioned. Given under my hand and official seal this (� day of J r ,-2DO By}CAResiding atS Cl { vi Notary Public in and for /� 1_F'.�i1 V� - My commission expires G } 2-00,, ��� 1432VA (0510) Page 5 of 5 EXHIBIT A ALL THAT CERTAIN LOT OR PARCEL OF LAND WITH ALL IMPROVEMENTS THEREON AND APPURTENANCES THERETO PERTAINING SITUATED IN THE COUNTY OF ALBEMARLE, VIRGINIA, DESIGNATED AS UNIT 308, BLOCK I, PHASE II, IN THE DECLARATION OF CONDOMINIUMS FOR HUNTINGTON VILLAGE, AND THE PLATS THERETO ATTACHED, OF RECORD IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE COUNTY OF ALBEMARLE, VIRGINIA, IN DEED BOOK 734, PAGE 75, TOGETHER WITH ALL APPURTENANCES, RIGHTS, AND PRIVILEGES THERETO BELONGING AS THE SAME ARE CONTAINED AND DEFINED IN THE DECLARATION WHICH SHALL INCLUDE ANY FUTURE AMENDMENTS THERETO. Permanent Parcel Number: 06OBl-00-01-30800 EVELYN HASTINGS KERR, FEMME SOLE 308 HARVEST DRIVE, CHARLOTTESVILLE VA 22903 Loan Reference Number 9036407562 9001/2032403 First. American Order No: 9890900 Identifier: FIRST AMERICAN LENDERS ADVANTAGE 11111 11111111111111111 III K E R R 9890900 FIRST AMERICAN LENDERS ADVANTAGE DEED OF TRUST III1111111111111111111111111111111111111111111 RECORDED IN CLERKS OFFICE OF ALBEMARLE ON October 06,2006 AT 2:07:45 PM $0,00 GRANTOR TAX PD A REQUIRED BY VA CODE §58.1-802 STATE: $0.00 LOCAL: $0.00 ALBEMARLE COUNTY, VA BY ARSFIA LE CIRCUIT COURT C T C A O X R P E X E M P ■ ■ Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [2/25/2005 ] Instrument Type: [PM ) Number of Parcels [ 2 ] Number of Pages [ 4 ] 003151 11111111 I I 1111 I I I lull ll l l l 11111 11111 lull Il 111 lllil lull lull l fill lull Il ll Illi Doc ID: 000957810007 TVpe: DEE Recorded: 03/01/2005 at 10:26:42 AM Fee Amt: $51.00 Page 1 of 7 Albemarle County, VA Shelby Marshall Clerk Circuit Court Filen 2005-00003151 BK2927PG646-652 City ❑ County 0 [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name I Middle Name or Initial Suffix [Dresner ] [David ] [E ] [ ] [Kozlowski ] [Nancy ] [ ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix [Dresner ] [David ] [E ] [ ] [Kozlowski ] [Nancy ] [ ] [ ] Grantee Address (Name) [David Dresner and Nancy Kozlowski ] (Address 1) [3883 Brocks Mill Road ] (Address 2) [ ] (City, State, zip) [Barboursville ] [VA ] [22923 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ j Parcel Identification No (PIN) [03400-00-00-04500 ] Tax Map Num. (if different than PIN) [03400-00-00-04500 ] Short Property Description [44.80 acres, more or less, Brocks Mill Road ] Current Property Address (Address 1) [Brocks Mill Road ] (Address 2) [ ] (City, State, zip) [Barboursville ] [VA ] [22923 ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 2 [McClure Callaghan & Atkins [McClure Callaghan & Atkins [Kenneth P Bucci [McClure Callaghan & Atkins [415 4th Street NE [Charlottesville [ ]C ] [VA ] [22902 ]C Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] 7 G G C Date of Instrument: [212512005 ] A R R O Instrument Type: [PM ] X A A R N N P Number of Parcels [ 2 ] E X T 0 T F Number of Pages [ 4 ] E R E City ❑ County ❑x [Albemarle County ] (Box for Deed Stamp Only) M P Grantors/Granteesivarcel Continuation Form C Last Name First Name I Middle Name or Initial Suffix Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100 ] Book [ j Page [ ] Instr. No [ ] Parcel Identification No (PIN) [03400-00-00-046A0 ] Tax Map Num. (if different than PIN) [03400-00-00-046A0 ] Short Property Description [47.97 acres, more or less, Brocks Mill Road ] [ ] Current Property Address (Address 1) [Brocks Mill Road ] (Address 2) [ ] (City, State, zip) [Barboursville ] [VA ] [22923 ] Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. Book [ ] Page [ ] Instr. No [ Parcel Identification No (PIN) [ Tax Map Num. (if different than PIN) [ Short Property Description [ Current Property Address (Address 1) (Address 2) (City, State, Zip) Cover Sheet Page # 2 of 2 00315# Prepared by McClure, Callaghan & Atkins ParcclID: 03400-00-00-04500 03000-00-00-046AO CERTIFICATE OF PLAT The attached plat of Roger W. Ray & Assoc., Inc., dated February 10, 2005, showing "Composite Map, Tax Map 34 Parcels 45 & 46A, The Properties of David E. Dresner & Nancy Kozlowski Located on Brocks Mill Road Off State Route 640, Near Gilbert" situated in Albemarle County, owned by said David E. Dresner and Nancy Kozlowski, and being a portion of the same land acquired by the said David E. Dresner and Nancy Kozlowski, by deed of Roger A. Payne and Shirley F. Payne, husband and wife, dated September 7, 1989 recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 1068, page 273, is hereby confirmed and submitted for record in the aforesaid Cleric's Office along with the attached Exhibit A which is a letter of recognition executed by V. Wayne Cilimberg for the County of Albemarle wherein recognition is made "that Brocks Mill Road is a public right of way defined by a 30' - wide prescriptive easement over the existing road". Given under my/our hand(s) this 25' clay of J�Cit , 2005. �1Z� (SEAL) David E. Dresner ,Y/." SEAL) Nancy KAlowsw ACKNOWLEDGEMENT S�OF VIRG 1IA AT LARGE County of `?iie , to -wit: I, /l��'L �• uC , a Notary Public for the saidJC tylCounty of in the State of Virginia, do hereby certify that David E. Dresner and Nancy Kozlowski, whose names are signed to the foregoing certificate of confirmation by owners, and plat, bearing the date of February 10, 2005, have acknowledged the same before me in my City/County and State aforesaid. Given under my hand this Z 'day of d ?l 00 . My commission expires: 3l Z of Public COtWW OF AaL,SKMARLTT Department of planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 — 5823 Fax (434) 972 - 4412 March 10, 2004 Nancy Kozlowski David Dresner 3883 Brocks Mill Road Barboursville, VA 22923 Dear Ms. Kozlowski and Mr. Dresner, S am in receipt of your February 10, 2004 letter to Mr. Tucker asking that the County of Albemarle recognize Brocks Mill Road, near Stony point, as a public right of way defined by a 30' -wide prescriptive easement over the existing road. Ater reviewing your research materials, which included an opinion by Kenneth Smith of the Virginia Department of Transportation (VDOT),1 am in agreement with you and Mr. Smith that Brocks Mill Road is a public right of way defined by a.30' -wide prescriptive casement over the existing road.. T have made my decision based on the following facts: • Brocks Mill Road has been depicted as a road on historic, official,, and important. maps of Albemarle County. Although known by different names over many years, the general alignment of the road has remained the some. • Deed found in,Dccd Book 154, Page 138 identifying 'what is now Doctors Crossing (SR 784) as "Brock Mill Road." • Brocks Mill Road's appearance on these maps, prior to and during the Byrd Act (1932), presumes it obtained its status as a public road at that time. • An official detarmination from a VDOT official stating that Brocks NO Road is a public road; and • Absenco of an official Order of Abandonment of Brocks Mill Road by the Albemarle County Board of Supervisors. As you are aware recagnit�on of Brock's Mill Road as a public right of way in do way changes its current status as. a discontinued roa&qnd it will not be maintained by VDOT, the County of Albemarle or any other public agency. T hope you find this information useful but don't hesitate to call should you have further questions. Sincerely, 0, V. W WVC/yqa r H 33r m 1' ?r mOx Ln iIa -1 O N r 3 r � C O a n 4 a m r m n a In -1 o n z m p 3:1 I VT Wm{ • Mmw m ; m N w 2 a n OBD � m a LL) 33 m N H V r -NL (V � a q z a qo' � 1 U3 I mmmm to r-I ImD r6 O if o 6� ,0) Im6a)xu N N W I IB! IO �C l U7 (\ m -40) rr-(ODN-a a; :I N � z ~! 1 vo DI -i mM 4> AI m . t 9,9 ' 3E 9 90 F,4" Ln 4"1 Ul nLf) N1I NM O mW oO ZIJ1ILl Co UI Ito U1 Ln lB to A 4fs -owrO O 3.33esfa�� L f (169 09co to Z ul ` Nom w 14 m -4 n�r-mt> O mncl O mm�r3op 0 IDA �''' W Ql W IU tl II II II II II If II If II II 11 II II ID A W- R7- U7 ilw ID VWm 01 Von UI(DA O1 h+•N(D O1 UIWVV Ao C)(DmW(Drnw NID OI UI— WNOA NA• IU cn cc) oA fi]• A %m m (DD,AOW Vf31O0V nNiN,40umi O W e s m m 0 stne°ly ILAC31;to u7 m m H N O rn A V 14LitW m �O z Z41 '4 oe „w VT �(D6 ma m CJru n OBD � m a LL) 33 m N H O Z m M -i In , 0 I cn f mooz a-4 Y so mmmm to r-I m m n I CC) + G'yF9 Im6a)xu N N W I IB! 3. A I 1 mN V; WWGO (ill; O rr-(ODN-a a; :I N � z ~! 1 �9 DI -i (a A 4> AI 0 . t 9,9 ' + 9 90 F,4" 4"1 A0D1 nLf) N1I NM O rnma� ��s�4 9 �?Qs 25 W am3� 9ed5. °Q' , 4fs -owrO 3.33esfa�� L u7 m m H N O rn A V 14LitW m �O OmW Z41 '4 oe „w NN �(D6 ma CJru n OBD � m a LL) 33 m N H O Z m M -i In , 0 I cn f � Y so I m m n v G'yF9 n. 3. Co za O am-rU N �9 DI -i 0 m qr,o + 1. �nW 9oq A0D1 nLf) N1I NM O m C7 En Ul 3E Z �?Qs 25 X 33 Q194 �• B L f (169 09co w W M UI =HFgNjAT cn C m V OO P = ti Wm o f?7 F. W V AZ -i A 3 © cn I n. �oZl-I� cO '4 o ``\ ``� oV umi o m nn 4 X � nNN�A -< mm o La mvXZ v�X33 H a Ct) OmW Z41 '4 oe „w NN �(D6 ma CJru n OBD � m a LL) 33 m N H O Z m M -i In , � I cn f � Olmz I m m n v COO 0 23 n. 3. Co za {� -- --- - moi am-rU N C,3 DI -i 0 m 3 + 1. �nW Go W,0 pWW A0D1 nLf) N1I NM `rt$ 00 m C7 En Ul 3E Z �?Qs 25 X 33 0>> F -I a Ct) Z41 '4 oe „w NN N O coomx CJru n OBD � m a LL) 33 m N H , � 'OI W f � Olmz I m m n v 0 > C m a' N N Aprnx0- DI -i 3 AWZ_ AwC�W a 1. �nW Go W,0 pWW A0D1 UL,m 17300 m N 4) blN v r a -I v W t� W rUUl ;C; cn 0 a rn N70'59'37"E 73.64' —N88'19'S!"E 1.90.08' 570'28'45"E 86.19' 533'11'41"E 185.74' - 523'19'05"E !92.90 545'12'19"E 80.56' S40'27'10"W 36.53- ayaoa o r H W Z a Ul D 0 V, I Fuel• 3 �wmW all ru0A N u L m -0 �. Ln rvy� '00 "E 891. 00 2� oma, yr; [b N O coomx r� ��ni n OBD � m a LL) 33 m N H mz3 omm II 'OI W Olmz A 1.1 WN m m n mr-n > C RECORDED IN CLERKS OFFICE OF ALBEMARE OW March 01,2 05 AT10:26:42 AM GRANTOR AS REQUIRED By A CODE g58.1.802 STATE: $0,0 LOCAL: $0.00 ALBEMACOUNTY SHELBY MARSHALRLLC ECRK C#UAIT COURT cc T C A O X R P E X E M P T Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [515/2003 ] Instrument Type: [AG. ] Number of Parcels [ 11 Number of Pages [ 51 �� I 015574 I III II 1111 l II II II Ifl l full fl l 111 l 11 l 11 Ill lilll 1111 111 Doc ID: 000428100007 Type: DEE Recorded: 06/30/2003 at 10:36:35 AM Fee Amt: $49.00 Pape 1 of 7 SHELBY MARSHALL,CLERK CIRCUIT CT. Shelby Marshall Clerk Circuit Court File# 2003-00015574 BK2501 PG747-753 City ❑ County Fx] [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name I Middle Name or Initial Suffix [DRESNER ] [DAVID ] [E ] [ ] [KOZLOWSKI ] [NANCY ] [ ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix [ELLIS ] [LINDSAY ] [ ] [ ] [ELLIS ] [WENDY ] [J ] [ ] Grantee Address (Name) [LINDSAY ELLIS & WENDY J ELLIS ] (Address 1) [2922 IDLEWOOD ] (Address 2) [ ] (City, State, Zip) [CHARLOTTESVILLE ] [VA ] [22911 ] Consideration [0.00 1 Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [03400-00-00-04500 & 03400-00-00-04600 ] Tax Map Num. (if different than PIN) [same ] Short Property Description [Tax Map 34 Parcels 45 and 46 ] Current Property Address (Address 1) [State Route 640 ] (Address 2) [ ] (City, State, Zip) [Stony Point ] [VA ] [22911 ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [BOYLE BAIN REBACK & SLAYTON [BOYLE BAIN REBACK & SLAYTON [BOYLE BAIN REBACK & SLAYTON [420 PARK STREET [CHARLOTTESVILLE [ I ] [VA ] [22902 1[ 15514 TAX MAP 03400-00-00-04500 AND 03400-00-04600 PRIVATE ROAD MAINTENANCE AGREEMENT FOR LOTS 45 AND 46 THIS PRIVATE ROAD MAINTENANCE AGREEMENT made this 5th day of May, 2003, by DAVID E. DRESNER and NANCY KOZLOWSKI, Grantors, and LINDSAY ELLIS and WENDY J. ELLIS, Grantees, and shall apply to Parcels 45 and 46 on subdivision plat of Roger W. Ray & Assoc., Inc., dated May 20, 2003 on property located on State Route 640, Brocks Mill Road, Albemarle County, Virginia PRIVATE ROAD: The private road identified as a thirty (30) foot access casement on the attached plat of Roger W. Ray & Assoc., Inc., dated May 20, 2003, is a private road and shall require private maintenance by the owners of Tax Map 34, Parcel 45 and Tax Map 34, Parcel 46 Residue in the two lot subdivision as hereinafter set forth. The right-of-way easement shall be thirty (30) feet in width as shown on the attached plat. The cost of construction, maintenance, upkeep or replacement of such road will not be borne by the County, the Commonwealth of Virginia, or any other public agency. Maintenance of said private road shall include maintenance of the roads, curb, gutter drainage facilities, utilities or other road improvements, and the removal of snow, water or debris so as to keep the road reasonably open for usage. Improvements shall be maintained in perpetuity to assure that said road remains in substantially the condition it was when approved by Albemarle County. There are two (2) lots affected by the private road and the cost of maintaining the said road shall be borne equally by each of the two lot owners from Brocks Mill Road to the beginning of the driveway serving Parcel 45 as shown on said plat, which distance is seven hundred thirty- seven feet and 221100 feet (737.22'); one-half of the cost by each lot owner for the length of that joint portion of said road. The remainder of the private road shall be maintained by the owner of Parcel 46. At such time as one of the two lot owners determines that the joint portion of said road is in need of maintenance or repair, upon the giving of fifteen days written notice to the other owner, said one of two lot owners shall have the right to order such repairs as are necessary in order to keep the road up to the same standards as that to which the road was originally made, and the cost of making said repairs and the maintenance cost shall be borne by the owners of the two lots as set forth in the preceding paragraph. Prepared by Boyle, Bain, Reback & Slayton 1 One of the two lot owners, once receiving an estimate for the repair of said road or, at his option, after repairs have been made, shall bill the other lot owner for his proportionate share, which bill shall become due and payable within thirty (30) days after mailing thereof; and in the event that any lot owner fails to pay his proportionate share within said thirty (30) days, then the other lot owner or individual appointed by him, may prepare a statement of such delinquency in recordable form and the recordation of said statement shall in itself create a lien against the lot whose owner has not contributed his proportionate share. Said lien once recorded shall have priority as to any subsequent liens recorded against the property and shall further be a personal liability on the owner of said lot. The obligations and benefits of this Agreement shall run with the land and be binding upon the owners of the lots served thereby, and their heirs, successors and assigns. WITNESS the following signatures and seals this day of June, 2003. �u�c�i. �'�""°'�"� Ei ILfM� P•l�d�� � �"'� SEAL) R avid E. Dresner it 03aA-���,.., [SEAL] 0*1 rm . �`- Nancy Kozlowski [SEAL] Lindsay. lis _[SEAL} Wendy Ellis STATE OF VIRGINIA AT LARGE: " CITY/G9UN-TY OFC The foregoing Private Road Maintenance Agreement was acknowledged before me this �7 day of June 2 0 , by David E. D esner and Nancy Kozlowski. N N C Y 'IV My commission expires: K STATE OF VIRGINIA,: CITY/'N OF The foregoing Private Road Maintenance Agreement was acknowledged before me this Vv� day of June, 2003, by Lindsay Ellis and Wendy J. His. My commission expires: PAR rte/ YL } M1 Ind �0 R n �m 930 `a � �•7, „ a n op8y Oz p� �= r z m O� �Arf o oA� a V `+� z c t/st7po is p� m m O 0 O >n 0) N -P. 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W (jiitis S: .., :�: ..• ;:: ::':':11::1¢ ,'r.:::'�:''�':.�. �I::'.'.�_ •A Cn _ QN %N ID ry t ra f.. cjt 0(, z ch N O to F_ m m N � m0 -4z v a C v m b v In O m N OD Z N W :ii M to of d Z p 0mZ� m -oN0C� r n � 0 N r' O N A ry eovs 0 a Co m b N -O 6W*W wymr. i m t n 01 nN� 0 � r r z �zrono rn �zno Czn�m � rwi �nX -u Irn tn1 z` X �- m 00 Z: ^ M-ni"'Qo { 2orrm> O N O m 1 oo 01 0D o o v N b O C W 2 N m $z� CA w D PD41 t by m rn �n z A 4.4 0 11P se 2 �6 RECORDED IN CLERKS OFFICE OF ALBEMARLE ON June 30,2003 AT 10:36:35 AM GRANTOR AS REQUIRED By VA CODES 81.802 STATE: $0.00 LOCAL: $0.00 SHELBY MARSHALL,CLERK CIRCUIT CT, DC T C A O X R P E X E M P T m Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [6/26/2003 ] Instrument Type: [DBS ] Number of Parcels [ 1 ] Number of Pages [ 41 015575 I IIIIIIIIIIIII III Illll 11111 11111 Doe lull llllllllllllllllllll Illll 11111 lull ILII Illi Recorded: 06/30/28030atT10e38'37 AM Fee Amt: $570,00 Pape 1 of', f 5 SHELBY MARSHALL,CLERK CIRCUIT CT. Shelby Marshall Clerk Cirouit Court Fileo 2003-00015575 BK2502P4-5 City ❑ County 0 [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name I Middle Name or Initial Suffix [DRESNER ] [DAVID ] [E ] [ ] [KOZLOWSKI ] [NANCY ] [ ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix [ELLIS ] [LINDSAY ] [ ] [ ] [ELLIS ] [WENDY ] [J ] [ l Grantee Address (Name) [LINDSAY ELLIS & WENDY J ELLIS (Address 1) (2922 IDLEWOOD (Address 2) [ (City, State, Zip) [CHARLOTTESVILLE ] [VA ] [22911 Consideration [280,000.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 Prior Instr. Recorded at: City ❑ Book [ ] Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description County ❑ Page Current Property Address (Address 1) (Address 2) (City, State, Zip) Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [ ] P [ ] In [03400-00-00-04600 [SAME [79.23 ACRES STATE ROUTE 640 [STATE ROUTE 640 1 [STONY POINT ercent. in this Juris str. No [ (NANCY C KERN [BOYLE BAIN REBACK & SLAYTON [BOYLE BAIN REBACK & SLAYTON [420 PARK STREET [CHARLOTTESVILLE I I ][VA ] [22911 ] [VA ] (22902 ][ 0155?5 Prepared by Nancy C. Kern, attorney 434-977-6755 Tax map #34 Parcel 46 THIS DEED, made this 26th day of June, 2003 by and between DAVID E. DRESNER and NANCY KOZLOWSKI, husband and wife, Grantors, and LINDSAY ELLIS and WENDY J. ELLIS, husband and wife, Grantees, whose address is WITNESSETH: That for and in consideration of Two Hundred Eighty Thousand and no/I00ths Dollars, ($280,000.00), cash in hand, the receipt of which is hereby acknowledged, the Grantors do hereby GRANT, BARGAIN and SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantees as tenants by the entirety with full rights of survivorship as at common law and not as tenants in common, the following described property: All that certain parcel or tract of land, situated in the Rivanna Magisterial District of Albemarle County, Virginia, off of a private road known as Brocks Mill Road, containing 79.23 acres, more or less, shown as "Residue Tax Map 34-46" on plat of Roger W. Ray & Assoc., Inc., dated May 20, 2003 attached hereto and made a part of this deed, together with a 30' foot non-exclusive access easement as shown on said plat from Brocks Mill Road to the property conveyed. Being a portion of the property conveyed to the grantors herein by deed of Roger Payne dated September 21, 1989 recorded in the Clerk's Office of the Circuit Court for the County of Albemarle, Virginia in Deed Book 1068, page 273. This conveyance is made subject to any restrictions, easements, reservations, and other matters contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property which have not expired by a time limitation therein contained or otherwise become ineffective. This deed is being signed by David E. Dresner and Nancy Kozlowksi by Nancy C. Kern, their attorney in fact pursuant to a power of attorney signed April 29, 2003 attached hereto. WITNESS the following signatures and seals. --ha V Ldp- E PCS MA, a, 0 r nA, p, 0J �J (SEAL) DAVID E. II&SNER by Nancy C. Kern, Attorney in fact for David E. Dresner. J { (SEAL) NANCY KOZLOISM by Nancy C. Kern, Attorney in fact for r. 11fRNGN 'kd?,L0W$9 (. STATE OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing deed was acknowledged before me thisX111) day of June, 2003 by DAVID E. DRESNER by Nancy C. Kern, Attorney in fact for David E. Dresner. And NANCY KOZLOWSKI by Nancy C. Kern, Attorney in fact for . �ianu, i:�'azIdws14,' X60 m Notary Public My commission expires ) i eel j Prepared by Nancy C. Kern, attorney 434-977-6755 A part of tax Map 34 parcel 46 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that we, DAVID E. DRESNER and NANCY KOZLOWSKI, do make, constitute and appoint NANCY C. KERN, our true and lawful attorney for each of us in our name, place and stead, who is hereby authorized for us and in our names: 1. To act for and in my behalf with respect to all matters relating to the sale of real estate containing approximately 75 acres as shown a survey being done by Roger W. Ray, land surveyor, being part of Tax Map 34, parcel 46, off Brock's Mills Road in Albemarle County, Virginia, which is presently the subject of a contract of sale to Lindsay S. Ellis and Wendy J. Ellis dated March 1, 2003. 2. To execute, acknowledge and deliver any subdivision survey, contract, lease, deed, exchange document, affidavit, settlement statement, and any other document that may, in the opinion of our attorney, be necessary or desirable in connection with the sale of the Property. GIVING AND GRANTING said attorney full power to do said acts and bind each of us My and effectively as we might do if personally present and ratifying all that this attorney shall lawfully do by these presents; provided, however, that unless sooner revoked this power shall expire on December 31, 2003. And we declare that any act done by my attorney shall be binding on each of us, or our assigns, heirs and legal and personal representatives. This Power of Attorney shall not terminate or be affected by either of us becoming disabled or incapacitated, it being our express intention that this Power of Attorney shall survive any disability. IN WITNESS WHEREOF, we have set our hand and seal this �;,ff day of Al2n 2003. DAVID E. DRESNER [SEAL] Wft6CISALE] NANCY Z SKI COUNTRY OF FRANCE PROVINCE/CITY OF Cry oV W The foregoing Specific Power of Attorney was acknowledged before me by David E. Dresner and Nancy Kozlowski. Notary Rt, �(k u I 1 My Commission expires: I a [ D > ce) <21 DON RECORDED IN CLERKS OFFICE OF ALBEMARLE ON June 30,2003 AT 10:38:37 AM $280.00 GRANTOR TAX PD AS REQUIRED BY VA CODE §58.1-802 STATE: $140.00 LOCAL: $140.00 SHELBY MARSHALL,CLERK CIRCUIT CT. K'r1 x,0213 THIS DEED, made and entered into this 7th day of September 1989, by and between ROGER A. PAYNE and SHIRLEY F. PAYNE, husband and wife, parties of the first part, and ]DAVID E. CRESNER and NANCY KOZLCWVSK I, husband a n d wife,, parties o f t h e second part , OlZf Odd" L4 , g?5 '2c� 'hJ80P'Xe ,0(ri u av, N - Y 11016 WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknowledged, the part ies of the f I r t par t do hereby GRANT, BARGAIN, SELL and OONVIr'Y with GENERAL WARRANTY and ENGLISH COVENANTS OF T I TLE unto the parties of the second part as tenants by the entirety with full rights of survivorship as at conmmn law and not as tenants In common the real property described on Schedule A hereto attached and made a part hereof. This conveyance is made expressly subject to easements, restrictions, conditions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed which have not expired by limitation of time contained therein or have not otherwise become Ineffective. WITNESS the following signatures and seals. Zf� A..� (SiwAL ) ROCER/A,40PAYNE ..!( SEAL ) SHIRLEYAYNE - 1 a:1��,npc02?4 STATE OF VIRGINIA AT LARGE ODU TY OF AL,BOAARLE , t o -w 1 t : The foregoing instrum+ s this o day of Septemb ; 198 F. Payne. my Commission Ex pi r to _2- 3 was acknowledged before me by Roger A. Payne and Shirley '1 6r, 10 P130275 `_.q . :0_ 1 ts All that certain tract or parcel of land with t e t i r ovmef fnof thereon and the appurtenances thereunto inbelonging Rivanna Magisterial State Route 640 near Gilbert's Station District of Albemarle County, Virginia, containing 17bed7oaacres, more or less, being more particularly Septemshown ber 1989, entitled plat of Roger W. Ray, C.L.S., dated p "Boundary & Physical Survey Of 174.67 Acres Property Designated As Parcels 45, 46, 46A & 63 T.M. 34 �Locah�COff t•Rt. 640, near Gilbert, Albemarle County, Virginia"t which saidplat is hereto is attached and made a part hereof and reference to which hereby de for a more particular description of the property by conveyed. The property hereby conveyed is composed of the following tracts of land, to _wit: 1. 2.0 acres, more or less, designated as Parcel 63 3 on Tax Map 34, and being the same property in all respects as conveyed unto Roger A. Payne by deed of The Board of as 1955ounty dated November and Supervisors of Albemarle County fice of he Circuit Court of Albemarle recorded in the Clerk Book 320 at Page 388. County, Virginia In Deed 2. 39.25 acres, more or less, designated as Parcel 45 on Tax Map 34, and being the same property in all respects et was conveyed unto Roger A. Payne by deed of Wiaforesaidch lliS. wClerk s ux dated April 17, 1972 and recorded in the Office in Deed Book 506 at Page 452. 3. 83.5 acres and 57 acres, more or less, designated as Parcels 46 and 46A on Tax Map 34, and being A.the Payne b property deed of in all respects which was conveyed unto 959eand recorded in the H. A. Payne et ux dated August , aforesaid C1erkTs Office in Deed Book 351 at Page 110. BOUNDARY a PHYSICAL SURVEY OF 174,67 ACRES PROPERTY DESIGNATED AS PARCEL 45 , 46 , 46A a 63 T.M. 34 LOCATED OFF ST. RT. 640 , NEAR GILBERT ALBEMARLE COUNTY , VIRGINIA SCALE: I" = 500' DATE: 9-7-89 ll } A ■ 04'44'53' R . 1970,00 L • 1372,97 C . 153132 C$ . N75'22'23"E IRON r.M.33..51 �0 WESTVACO U.S. 381 - ?45 , ?49 PLAT FOR DAVID ORF:-,NE_'R R NANCY KO ..I.OWSKI R.W, RAY , H.U. SNOW 8 ASSOC. , INC. CHAkI.01 1"E'SVII11' , VA, CO. r,Olt 5f7h ]713 RJ/ D.H. 1,8 I SYCAMORE. f N59120'W 169.10 - SOW 7-18 N55'50'59"W 15.08 ��tS� N13.25'04"w 55,56 1<'r T.M. 34-20 GORDON R. MCNULTY U.B. 626-95 Db. 310 - 340 PLAT ;KON 4 fOUN r kW)N � •� . 5f'T f kAMf �Q 'HED wl �tiCEtt f�ti t,01 E 'rid 1 -,TORE poWF.H r C'A81N v f / SHE'D r.M. 34 .. 46A w I). B. 351 -110 r, U,B, 252 - 269 Uf.SC. r 111111 1 ' (L K� I STORY r tU6.t � D•H, 0; 1 110 :).H. Iii 1 • 66 P1 AT F RAMS:, l4 4i `�' t•'' c> � rl* ,� 4,� CA$1N /f o F RAMF � � `L�• P. �;, `?rV�'ti�' / FRAME BARN R �3 T.M. 34-204 4/ OK'FR po CORDON MCNUL.TY y t. D.B. 525 95 uNa _ , +�� PF:D.,`��*'' D,B. 898 - 124 PLAT pN � F , o ;R/ nn •Qa7o 14 T.M. 34-40 90 PHILL.IP HEIL �y6 .pCO2 D.B. 661 - 467 , 469 Nig PLAT 552'26'39"W IRON 263.25 �NSEY 41 1�, Y ACJ 0 -�i IHoN T , OENOTf 5 WO YE: AR F 1,000 PI AIN A ' Scat I'D t'Ftl}M T ht' V; RATE MAPS I HEREBY CERTIFY THAT ON s' - IV I SURVEYED THE PROPERTY SHOWN ON THIS PLAT TO THF. BEST OF MY KNOWLEDGE , INFORMATION 8 BELIEF AND IN MY PROFESSIONAL OPINION IT IS COMPLETE AND ACCURATE. n. may, ,c. T.NI 34.60 MARY J. HOWf. Wb. 43 - 191 U.B. 192 • 131 PIAT . T.M. 34.64 JANNIE P. WALKER D.0, 199 - 433 U.B. 96 - 285 ;RqN 5t i 061.35 N4 2' 49-?•t"W 1.32.00 T.M. 34.67 MARIF A. MANSdACh u. 8. 65 -' - 77 w.H. 11 41? PLAT T.M. 34 - 63 D.B. 320 • 399 08. 123 20 PLAT * oN F'UUNU S18'38 05"W 217,94 (kivo r•M, 34-61 .R)LIA C. (,AMPBELL U.B. 747 - III 7755 133 11 .'7•r 7755 0277 $ -Z -2 C), 0 CD (:D . M <01 LM li NLMM m1 IN TM N M S I. M E OF IM CM= COM OF AIMVAE UXM: TM DEED AS "MMMAND ! N '!Ik ICA31E == ADMM M i 'ly• ' 1 i � oI �� at SPATE TAX (�) 1= TAX • o () FEE $ t . o o _k212) 213 ) cm's m $ (301) PLAT Sec.58.1-502 (038) STATE TAX $ (224} lo= TAX $ (223) TnCAL TAX $ g �n-�• ov b • ti . `+ kUl • '� ► ►