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SP202100004 Ownership Documents 2021-02-25 (2)
CERTIFICATE OF PLAT r10203 THIS CERTIFICATE made this 14th day of November, 1990, by CHARLES WM. HURT and SHIRLEY L. FISHER, as TRUSTEES for the VIRGINIA LAND TRUST; W I T N E S S E T H: Attached hereto is a plat of B. Aubrey Huffman and Associates, Ltd., dated August 31, 1989, captioned "Plat Showing Portion of Parcel 23 Tax Map 79 as shown on Albemarle County Tax Maps". Virginia Land Trust is the owner of the real property situated in Albemarle County, Virginia, and the undersigned, as Trustees for the Virginia Land Trust, hereby certify and consent to the recordation of the attached plat. WITNESS the following signatures: Charles Wm. Hurt, as Trustee for the Virginia Land Trust 4 Lf_ Shirle L. Fishe , as Trustee for th Virginia Land Trust STATE OF VIRGINIA O3ET /COUNTY OF 0 Q _ , QP( a l L_ , to -wit: The foregoing instrument was acknowledged before me this M� day of J ntx'tLhff , 1988, by Charles Wm. Hurt, as Trustee for the Virginia Land Trust, and Shirley L. Fisher, as Trustee for the Virginia Land Trust. My commission Expires: (1 M). 13,1993 i air) & OOCI Lh Nootai-y Public c 0392cwh.cer 5-11/14/90 t VfJ ►✓ L! H , AGt N.L'�aL♦On- �' try. �..,�• c G 7 G 7 ; i j � N 1 �•••trrrt.rl ? M' v 0 N`. ", !�to it �°obit;! ��+�w►+�''� 2 pv4 n to RAJ n� It v Q 144E to nt°► �?wk o �u < 1 V 0 VIRGINIA: ,1 U IN THE CLERIC'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE: THIS DEED WAS IIJVV SENTED AN D WITH CERTIFICATE ANNSRSD, IS ADMITTED ''S ll/P11R''E11. 1 c �/ 19 `7) AT I �) • Uc--�0' CLOCK -2-m TO RECORD ON -� STATE TAX LOCAL TAX TRANSFER FEE VSLF CLERK'S FEE PLAT SEC.58.1-802: STATE TAX LOCAL TAX LOCAL TAX $� (039) $_ (213) Z__(212) 1.00 (145) ;J (301) $_!(038) $� (220) $__,(223 ) : s7 � p - -� m Y' K 1858N0250 CERTIFICATE OF PLAT 014437 e attached plat, and courses and distances description made by , certified Land Surveyor, -Ll" / m VA, dated WW /d , 19!N_> of the lands of &rAiZf?F,y"t- A), K situate in E,- ✓A-A//YA District, of the County of Albemarle, Virginia, and being the same land acquired by the said (9'jgt?Rr_,*T /c)s=,vJ , by deed dated3w-i day of Al. > 19_11 f rom re a 4-71 0) N f; r-, 01t st, of record in the Clerk's Office of the Circ it Court of Albemarle County, Virginia, in Deed Book J�,�> page Z�:?_9 is hereby confirmed and submitted for record in the aforesaid Clerk's Office. Given under my/our hand(s) this day of > 19!Z± ACKNOWLEDGEMENT STATE OF VIRGINIA AT LARGE, TO -WIT: a Notary Public, in the State of Virginia, do her certify that whose name are signed to the foregoin certificate of confirmation by owners, and Plat, bearing date of the day of , 19_, have acknowledged the same before me. Given under my hand this 1� day of My Commission as Notary Expires: ._.�. Via.. NOTARY •► PREPARED BY: ism -7Tl� 2' THE LAND USE NOTES SHOWN ON THIS PLATARE IMPOSED AT THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING HISIHER SIGNATURE ON THIS PLAT HES E HAS DEEMED THAT THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT THIS DATE. THESE NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT WENDED TO IMPOSE THEM AS SUCH. A. PROPERTY ZONED RA. B. NO DEVELOPMENT RIGHTS ARE BEING ADDED WITH PARCEL X. C. LOT A IS ASSIGNED 3 DEVELOPMENT RIGHTS, THESE DEVELOPMENT RIGHTS ARE THEORETICAL ONLY. D. THE RESIDUE OF T.M. 79-43FI RETAINS 2 DEVELOPMENT RIGHTS. THESE DEVELOPMENT RIGHTS ARE THEORETICAL ONLY. E. LOT A AND THE RESIDUE OF T.M. 79-43FI EACH HAVE A MINIMUM OF 30,000 S.F. OF AREA WITH SLOPES LESS THAN 25%. F. THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY. G. T.M. 79-36 SUBJECT TO EASEMENT TO VIRGINIA ELECTRIC d POWER CO. (D.B. 566-246). H. T.M. 79-36 d T.M. 79-43FI SUBJECT TO EASEMENT TO VIRGINIA TEL. L TEL. CO. (D.B. 419-429), INSOFAR AS IT MAY APPLY. Il'! N CD CID MNOTES : In 04. OWNER ADDRESS m P.O. BOX 2126 KILMERNOCK, VA 22482 2. ACREAGES BEFORE DIVISION : T.M. 79-43FI = 18.62 ACRES T.M. 79-36 = 38.24t ACRES 3. THE NEW BOUNDARY LINE BETWEEN PT, A L PT. B WAS FIELD SURVEYED THIS DATE. ALL OTHER BOUNDARY DATA SHOWN WAS TAKEN FROM UNRECORDED PLAT BY THIS OFFICE, DATED II-1-93, AND WAS NOT RESURVEYED THIS DATE. 4. LiDENOTES APPROX. AREA LOCATED IN ZONE A (100 YEAR FLOOD PLAIN) ACCORDING TO THE FLOOD INSURANCE RATE MAPS, DATED DEC. 16, 1980 (COMMUNITY PANEL 510006 0245 B). THE REMAINDER OF THE PROPERTY IS LOCATED IN ZONE C. 250 SHADWELL 729 732 RESIDUE T.M. 79-36 PARCEL X 729 VICINITY MAP SCALE : I" = 2000' RESIDUE ,M. 79-43FI RIVANNA RIVER RIVANNA DISTRICT PLAT SHOWING LOT A, A PORTION OF T.M. 79-43FI ALSO PARCEL X, A PORTION OF T.M. 79-36 BEING ADDED TO & COMBINED WITH THE RESIDUE OF T.M. LOCATED ON STATE ROUTE 729 d RIVANNA RIVER SCOTTSVILLE & RIVANNA DISTRICTS ALBEMARLE COUNTY , VIRGINIA SCALE : I" = 100' DATE : JUNE 30, 1999 REVISED : AUG. 10, 1999 FOR GARRETT W. KIRKSEY ROGER W. RAY d ASSOC., INC. 1717-2B ALLIED STREET CHARLOTTESVILLE, VA 22903 W•;eT 7_;•j•1'L• �111tT�C•�SCTId y�TTO APPROVED FOR RECORDATION : 79-43FI OF PLANNING Codn./ r 9 SHEET [OF 3 DATE 9602A __ , COURSES ALONG OLD ST. RT. 729 POINT O s82*W45"E 3W S68'23'43"E 37.9r S5r26'26'E 34.4W s29.4r58"E 19.Sr S20.0836"E 32.3r S14.30'56'E 46.98' Srr3r29"E 65.36' S28.5923"E 25.00' S41*3917'E 30.26' POINT& - M4 fliC �993 T.M. 79 - 36C ERNEST E. MCKAMEY, JR. L FAYE Y. MCKAMEY D.B. 594-599, 605 PLAT OAR FEjy N8992412" E 35.09 �, Illu C SET N87.3733'E4 124.2r S82.03'241;�, 79.30'S73.3510'E35Jr 27.70' 214.25' /Nrr24'4r'W 229JU IRON N2r383E � RON FOUND I i i FOUND IT.M. 79 - 41 GEORGE STUART BURFORD TRUST D.B. 1640 - 226 D.B. 378 -499 PLAT If! N CD d OD v) CD au m T.M. 79 - 36 GARRETT W. KIRKSEY D.B. 734 - 283 D.B. 343 - 471 PLAT D.B. 164 - 84 PLAT ,- RESIDUE= 29.49: ACRES (ACCORDING TO REAL ESTATE RIVER RIV ANNA 543.64. S26-32�9..E PARCEL X 8.75 ACRES is DJ3. 734-283 NI9n6'06' W 430.02' IRON FOUND1 10'201v uuwn RON IRON \C90FOUND FOUNDm v3 N voDv- m;�mimmrr-3 T.M 79-40 m mm n 3 mu WILLIAM B. d NAOMI E. D 3 to M tor ,1 N m m �i (n 0 (A v -4 m ro m m N, HEARNS J v `r ro 0 ar S° 0,10 'out 0 M at v D.B. 368-404, 407 PLAT ro. w o m M A N D.B. 307 - 97 Tow m - < N p A D , D r � L4 vi < rc D� ST. RT TOTAL _ 16.70 ACRES MATCH TO SHEET 3 RON SET -". CHERRY v SNAG z m ANC 01 rOo profw Tmzo r w N 1 O a 4 m i RON MILTON ROAD 729 (50' R/W) (D.B. 419-522) SCALE: I" = 100' DATE : JUNE 30, 1999 REVISED: AUG. 10, 1999 4v*► 9l/G/?9 SHEET 2 OF 3 9802A T.M. 79-36 GARRETT W. KIRKSEY�¢T� DB. 734-283 199_3 03. 343-471 PLAT = D.B. 164 - 84 PLAT RIVER RESIDUE - 29.49t ACRES (ACCORDING - 5802...-.----- TO REAL ESTATE DEPARTMENT) Sp4.34'25"M1 R VAN T 6 a ,.W SOO-OfT 2 ::::XX •:...�:- :. ::•:::;.;:• 0 .....2 0':::;<:-:;:�::.................�:.....:::::..:•:::....:::::::.:._::..,.-......::......::.....:::........::...-:::.....::::..::::::::.::-::::.;:r::r::.;:•>::;:;�::%i: 0-0 .::.:: c-: •:::::: r::::•:c:•::::.;y,.-::,:a::::a:r.:::a:;::.••;::;::::.;:.;:ca:��::::.;::.::<o-:n:.:.;�<•;r::.-•r::•::•;-r::•:::.::;•:.--:::::•::::::•::::;.::•:•:;•;•rx•:r;•;•:ta:•r;:: -:::.;-O ::• IRON :::.;::::::.;::::::.:-:•:::::..::::::.:.:::::...:::::.::::::..:::::::.::::::.., =:•:r:•::;.::•r::•::>:•»r:::::: SET :•:•::.::::::::::•::::.:::::::..::::::..::::::;..::::::.:. •::::.,.:::::;•r:::::: •r: - G �.6r:;[�":;[tc=:?S'[�%�['�:�';'ai,•'�;'i`,'':%'iL:�i+;. Sic;tii,::,»::;;a;;-r:=;yi-;•;:=::::-:_.:;;-:=%::<c��:f;�r'<::ii�iyic:%:iYr[t2:::<:�;�:y�i{i;�ri;:isir:�:�:=:{ii:�3[as:�'>':;[;:i[;�?[•[:�;>: - m -:::i:::;:.i,•'y..'�;-' _a6_ _;::3F:i;:;;[>:.';[.i`SSi�[;i[�'.:'.[:isi';':;if[;%y;�i;ii;��['[: �';=;::�:::;°'i:;:::i_i:{;:=.�;_:;;=:.i:':%i:;;.:��::%i;=�x`[<`;:'i:;:;`:�::r;;:iii�.;�;y-`i[i::'i�ic$;:"�`[.<;:::_;•,'•.;;::=::;:. .q$ZA 41 \9 0 S q\. 6 N O 0D w aD L MATCH TO SHEET 2 fto �� va 0 o�n A. ptAE m B9<aFK�OG 0 ,00. 9� 0 T.M. 79 - 43FI RESIDUE- 7.95 AC. D.B. 734 - 283 D.B. 397 - 563 D.B. 187 - 201 PLAT a'• maw �0�0 SCALE: I" = 100' DATE: JUNE 30, 199 v� tip 6, o 01. m s. �s o. p o v. 1 96.74- IRON SET LOT A 10.67 ACRES D.B. 734 - 283 D.B. 397 - 563 D.B. 187 - 201 PLAT 1 I NI6•IS'S3" - • ROUTE 729 f50' R/Wyse' NIs•aa's1'E WIRpsD.B.419-52 12J2'-SET `-�2 MILTON ROAD IRON SET T.M. 93-7 RECTORS d VISITORS OF UNIVERSITY OF VIRGINIA D9. 244-515 D.B. 187-201 PLAT REVISED: AUG. 10, 1999 f, 11110 SHEET 3 OF 3 9802A I VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE: THIS DEED WAS PRESENTED, AND WnM CERTIFICATE ANNEXED, IS ADMITTED - Q / �J 19 AT��O'CLOCK 'of M' TO RECORD ON --7- STATE TAX $-/ (039) LOCAL TAX $_ (213) TRANSFER FEE $_(212) I.T.T.F. s 3.00_(I06) VSLF $ 1.00 (145) CLERK'S FEE $- O (301) PLAT s TESTE: SECT.58.1-802: (038) SHELBY J. MARSHALL,CLERK STATE TAX s---(220) LOCAL TAX s_— BY: LOCAL TAX s_ (223) N=4i TOTAL Instrument Control Number 020632 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] (IIIII (III III IIIII IIIII IIIII IIIII I�I IIIII I�III IIIII IIIII IIIII III III III Doc ID: 000875920005 Type: DEE Recorded: 11/02/2004 at 10:34:23 AM Date of Instrument: 10/19/2004 Fee Amt: $51.00 Pape 1 of 5 [ ] Albemarle Countv, VA Shelby Marshall Clerk Circuit Court Instrument Type: [PM ] File# 2004-00020632 Number of Parcels [ 11 EK2866PG553-557 Number of Pages [ 3] ---------- - -- -- - ------------------------ ------------- City ❑ County x❑ [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors T Last Name First Name Middle Name or Initial Suffix ❑ ❑ [ ][ ][ ][ ] First and Second Grantees Last Name First Name I Middle Name or Initial Suffix ❑❑ ®❑ [COUNTRY INNS EXTR Grantee Address (Name) [COUNTRY INNS EXTRAORDINAIRE, INC. (Address 1) [/ (Address 2) [/ (City, State, Zip) [/ ] [VA ] [/ Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100) Book [1047 ] Page [68 ] Instr. No [ ] Parcel Identification No (PIN) [79-23B ] Tax Map Num. (If different than PIN) [79-23B ] Short Property Description [79-23B ] [ ] 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 [PARKER MCELWAIN & JACOBS PC [PARKER MCELWAIN & JACOBS PC [PARKER MCELWAIN & JACOBS PC [2340 COMMONWEALTH DRIVE [CHARLOTTESVILLE [ I ] [VA ] [22901 ][ 020632 Prepared by: Parker, McElwain & Jacobs, P.C. Charlottesville, Virginia Tax Map 79, Parcel 23B CERTIFICATE OF PLAT The attached Plat dated July 9, 2004, captioned "Plat Showing Revised Parcel 23B AS Shown ON Tax Map 79, Scottsville Magisterial District, Albemarle County, Virginia," prepared by B. Aubrey Huffman & Associates, Ltd., situated Albemarle County, Virginia, Parcels 23B and 23C both having been conveyed to Country Inns Extraordinaire, Inc., a Virginia corporation, by Deed from T. Mitchell Willey and Emily R. Willey recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1047, page 68, is hereby confirmed and submitted for record. Witness the following duly authorized signature and seal: Country Inns Ex�t�r�aoprd�i,nna%rirree Inc. By:�V`i( T. Mitchell Willey, Presi t State of County of The foregoing Certificate of Plat was signed and acknowledged before the undersigned Notary Public for the-St-a� j QCRJAn.-,�(�, , at large, by T. Mitchell Willey, President o Country Inns Extraordinaire, Inc., on the ,a day of LC bplc , 2004. My commission expires: O ©O 'a Notary Public Rosa M. Wichot Notary Pubk. Dbbtt of Cokftla My Commission b 0so 02-14.2009 COUNTY OF ALBEMARLE PLANNING COzmilsMMICSSIIOOLN AN DATE: rO1B11" STATE' TO WIT: t) S:wC I THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF Pk-2004. BY b,'ELrIA AS OWNERS„ PROPRIETORS AND/OR TRUSTEES C'.� NOTARY PUBLIC ��J���������� MY COMMISSION EXPIRES COUNTY OF ALBEMARLE STATE OF VIRGINIA. TO WIT: THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF o 2004 Lm AS OWNERS, PROPRIETORS AND/OR TRUSTEES. NOTARY PUBLIC MY COMMISSION EXPIRES COUNTY OF ALBEMARLE BOARD OF SUPERVISORS DESIGNATED AGENT DATE: ro/o -f CERTIFICATION T IS IS A CORRECT AND R LVA �1 R HUR F. EDWARDS LAND SURVEYOR OWNERS APPROVAL: THE DIVISION OF THE LAND DESCRIBED HEREIN IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND/OR TRUSTEES. ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE TO THE BEST OF MY KNOWLEDGE. -T.'p (. C '. (�.-C-c NOTE: THE LAND USE REGULATIONS LISTED HEREIN ARE IMPOSED PERSUANT TO THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT ON THIS DATE AND APE SHOWN FOR INFORMATION PURPOSES ONLY. THEY ARE NO1 RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO iMPOSE THE;d AS SUCH. TAX MAP 79 PARCEL 23B STANDING IN THE NAME OF COUNTRY !NNS EXTRAORDINAIRE INC D.B. 1047-68 PRESENT ZONING: RA TAX MAP 79 PARCEL 23C STANDING IN THE NAME OF COUNTRY INNS EITRAORDINAIRE INC D.B. 1047-68 PRESENT ZONING: RA THERE IS AN EXISTING BUILDING SITE IN EXCESS OF 30.000 S.F. WITH A SLOPE OF LESS THAN 25% ON THE PROPERTY SHOWN HEREON. VICINITY MAP Copyright ADC The Map People Permitted Use Number 20401105 SHEET 1 OF 2 PLAT SHOWING REVISED PARCEL 23B AS SHOWN ON TAX MAP 79 SCOTTSVILLE MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA JULY 9, 2004 B. AUBREY HUFFMAN & ASSOCIATES. LTD. CIVIL ENGINEERING — LAND SURVEYING — LAND PLANNING .� CHARLOTTESVTLLE, VIRGINIA Pa107-45 z_101 SHEET 2 OF 2 L BEARING DISTANCE LS S74'16'20"W 119.93 L2 N62'57'44'E 73.34 L3 N37'45'52'E 54.08 L4 S33'00'00'E 45.20 L5 S11'30'00"W 110.00 L6 S48'15'00"W 45.00 L7 S33'15'00"W 58.00 NOTE: TAX MAP 79 PARCEL 23C TO BE ADDED TO AND BECOME A PORTION OF TAX MAP 79 PARCEL 23B PREVIOUS TAX MAP 79 PARCEL 23B = 7.865 ACRES PREVIOUS TAX MAP 79 PARCEL 23C = 2.915 ACRES NEW TAX MAP 79 PARCEL 23B = 10.780 ACRES THE NEW PARCEL 23B TO HAVE 4 DEVELOPMENT RIGHTS, ONE OF WHICH MUST BE SITUATED WITHIN THE CONFIDES OF nin PARCEL 23C TAX MAP 79 PARCEL 23F COUNTRY INNS EXTRAORDINAIRE INC D.B. 1131-233 IRON TO BE SET IRON TB BE SET of4 T AX MAP 79 �AgcEL 236 7.865 ACRES IRON TO Pi. SET IRON TO B' SET IRON �2 BE E:° c 79�+ PACRES 23C 2,9]5 IRON TO BE SET W m !0 0 rn- CA ti m• m v w IAN TO IRON TO IRON TO BE SET BE SET BE SET L1 l2 V1 � AD / PLAT SHOWING REVISED PARCEL 23B / AS SHOWN ON TAX MAP 79 SCALE: 1" = 100' ALBEMARLE COUNTY, VIRGINIA JULY 9, B. AUBREY HUFFMAN & ASSOCIATES. LTD. CIVIL ENGINEERING - LAND SURVEYING - LAND PLANNING CHARLOTTESVILLE. VIRGINIA 2004 RECORDED IN CLERKS OFFICE OF ALBEMARLE ON November 02,2004 AT 10:34:23 AM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE §58.1.802 STATE: $0.00 LOCAL: $0.00 ALBEMARLE COON Y, VA SHE HALLCLER4 RCUIT COURT r oc (Samuel H.Hughes I To: B& S Garrett W.Kirksey et al I St. Tax $ 17.85� Co. Tax 5.95— Tran. 1.00 Fee 6.00 Plat 5.00 Paid 35.80 2. Insurance required to the full insurable value of all improve- ments upon said property whether now or subsequently erected. 3. In the event of default in the payment of said debt or any i installment of interest thereon or any part of said debt or interest or in the event of the breach of any covenants entered into or imposed by this deed then upon request of any holder of the bond hereby secured, the Trustees, either of whom is authorized to act in the absence, refusal or incapacity of the other so to do, may take possession of the property hereby conveyed and shall proceed to sell the same at public auction; advertisement required being three weeks by handbills posted in Albemarle County, Virginia. Such sale shall be upon the following terms: cash as to so much of the proceeds as may be necessary to defray expenses of executing this trust including a Trusteest commission of five per centum of the gross proceeds of sale and to discharge the amount of the debt hereby secured unpaid, which is to be then paid whether due at that time or not and if there be any residue, the same shall be made payable at such time and secured in such manner as the said parties of the first part, their heirs or assigns shall in writing prior to advertisement direct, or in case of failure to give such direction, as the Trustees shall think fit. WITNESS the following signatures and seals ,the day and year first above written. Clarence R. Dickerson Sylvia B. Dickerson STATE OF VIRGINIA (SEAL) (SEAL) COUNTY OF ALBEMARLE, to -wit: I. Mildred Purvis, a Notary Public in and for the County and Statej aforesaid, do certify that Clarence R. Dickerson and Sylvia B. Dickerson, whose names are signed to the foregoing writing, bearing date on the 17th.day of October, 1958, have and each has acknowledged the same before me in my County aforesaid. My commission expires the 21st day of October, 1959. Given under my hand this 17th day of October, 1958. Mildred Purvis, Notary Public VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, October 17, 1958. This deed was presented to me in said office and with certificate annexed admitted to record at 1:25 P. M. Teste: 0 ) , Clerk WHEREAS, by deed dated December 12, 1883, recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 83, page 421, B. H. Magruder and others conveyed a lot or parcel of land at Milton containix one acre, more or less, more particularly described hereinafter, to Martha W. Goodwin for and during the term of her natural life, with remainder after her death to such child or children of Martha W. Goodwin and George W. Goodwin as might be living at her death, and the issue then living of any such child or children as might have died in her lifetime, such issue to take per stirpes; and 46'7 WHEREAS, Martha W. Goodwin died in the year 1895, survived by Mae F. Goodwin, Carrie L. Goodwin and Ernest W. Goodwin, children of said Martha W. Goodwin and George W. Goodwin, no children of Martha W. Goodwin having predeceased her; and WHEREAS, Mae F. Goodwin died intestate in 1926, unmarried and with out issue, leaving as her sole heirs at law her sister, Carrie L. Goodwin, wh is now the wife of Samuel H. Hughes, and her brother, the said Ernest W. Good win; and WHEREAS, by deed dated December 1, 1916, recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 164, page 83, S. S. Chewning and wife conveyed to W. E. Goodwin for life and after the deat of the said W. E. Goodwin to his nieces, the said Carrie L._Goodwin and Mae F. Goodwin, jointly in fee simple forever, a tract or parcel of land near Milton and Shadwell, stated in the deed to contain 35 acres, more or less, but by survey and plat of George L. Gordon dated November, 1916, recorded with the deed showing it to contain 532 acres; and WHEREAS, in the deed last referred to the deeds stating the gran= tors source of title contain an acreage aggregating thirty-nine acres and it is impossible to ascertain from the records in said Clerk's Office from what source the grantors acquired the additional land shown on said 532 acre plat; and WHEREAS, the 35 acres in the deed last referred to is described as "near the villages of Shadwell and Milton, supposed by estimate to contain i 35 acres, more or less, x.x x it being a sale in gross and not by acres' and also refers to the land as "adjacent thereto and on both sides of the Rivanna River", the conclusion to the description being as follows: "It being the in tention of the Grantors to convey to the Grantees all the land that they own at or near Milton or Shadwell in Albemarle County, Virginia, together with all the buildings and improvements thereon and appurtenant thereto."; and WHEREAS, The deed does not refer to the plat but the certificate of the Clerk of the Circuittourt of Albemarle County states that the deed and the plat were admitted to record, and the plat was recorded with the deed' without showing the acreage on the east side of the Rivanna River which the iplat shows to be 21 acres and the only acreage designated on the plat as re- corded is 32i acres, situated on the west side of the river; and WHEREAS, W. E. Goodwin died in the year 1939 and Mae F. Goodwin died in the year 1926, unmarried and without issue, leaving as her sole heirs at law her sister, the said Carrie L. Goodwin Hughes and her brother, Ernest W. Goodwin; and WHEREAS, by deed dated April 3, 1944, of record in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 259, at page 417, the said Carrie L. Hughes and Samuel H. Hughes, her husband, and the sai Ernest W. Goodwin and Virgie B. Goodwin, his wife, conveyed to Lindsay Winsto a lot or parcel of land containing one acre, more or less, being a portion of the 532 acre tract or parcel of land conveyed to W. E. Goodwin and others by deed recorded in the Clerk's Office aforesaid, in Deed Book 164, page 83; and WHEREAS, by deed dated May 22, 1953, recorded in the Clerk's Office of the Circuit Court of Albemarle County, in Deed Book 305, page 336, Ernest 468 W. Goodwin and Vyrgie B. Goodwin conveyed to Carrie L. Hughes all their right) title and interest in and to the real property therein described consisting of i the 532 acre tract of land (erroneously referred to as a 35 acre tract of land, as heretofore set forth and explaned) less one acre conveyed therefrom to Lindsay Winston by deed recorded in said Clerk's Office in Deed Book 259, 1 page 447, and a tract of land adjacent to said 532 acre tract containing one acre, more or less; and WHEREAS, in said deed which also conveyed the one acre tract of land with the improvements thereon, this reservation is set forth: "Until such time as said Carrie L. Hughes shall make a bona fade sale and conveyance of Parcel No. 2 above described, said Ernest W. Goodwin and Vyrgie B. Goodwin reserve the right to occupy the building situated i thereon, now occupied by them as a residence, jointly for their joint lives and for the life of the survivor of them, free of any rent, and as part of the consideration for this deed, said Carrie L. Hughes covenants and agrees such reservation." WHEREAS, the said Ernest W. Goodwin died on April 18, 1958, and Vyrgie B. Goodwin has.seen fit for some time to provide herself with a home elsewhere than in the building situated on said one acre tract of land and desires to forever release any and all right which she may have to occupy said building; and WHEREAS, by a quitclaim deed of exchange dated February 19, 1954, I i recorded in the Clerk's Office aforesaid in Deed Book 329, page 131, with plat of Hugh F. Simms and son recorded in Deed.Book 329, page 133, the said Carrie) L. Hughes and Samuel H. Hughes, her husband, and Harold T. Butts and Edyth Butts, his wife, and Mrs. Ann F. Markham, a widow, mutually exchanged and quitclaimed certain land so as to establish the northeastern line of said 532, acre tract of land; and WHEREAS, Samuel H. Hughes acquired title to the aforesaid lands by devise from Carrie L. Hughes, deceased, her will being dated August 17, 1937, probated in the Clerk's Office aforesaid on November 5, 1956, being spread in said Clerkis Office in Will Book 40, page 123; and WHEREAS, the present owner, Samuel H. Hughes, and his predecessors'i in title have been in actual, exclusive, hostile, open and notorious posses- sion of the aforesaid lands, accompanied by a bona fide claim of title to same against that of all other persons for a period of over forty years and i have thereby acquired title to said lands by adverse possession as well as the deeds and plat heretofore referred to; and WHEREAS, a recent survey and plat of said 532 acre tract of land shows that the physical boundaries to said land substantially conform to the 1916 Gordon Plat recorded with the deed from Chewning to Goodwin in Deed Bookl 164, page 83, as well as the Simms plat recorded in Deed Book 329, page 133, the difference in acreage being accounted for by the fact that the area cove ed by the Rivanna River was not included in the acreage shown on the Gordon plat; and WHEREAS, at an auction sale on August 20, 1958, the last and high- est ( bid for the two tracts of land heretofore as well as hereinafter set fort was made by Austin B. Pamplin and he desires that the title to said real estate be conveyed by Samuel H. Hughes to Garrett W. Kirksey and Sane P. I Kirksey, husband and wife as hereinafter set forth; NOW THEREFORE, this deed.made and entered into this the 15th day of October, 1958, by and between Samuel H. Hughes, a widower, party of the first part, Garrett W. Kirksey and Jane P. Kirksey, husband and wife, parties of the second part, Austin B. Pamplin, party of the third part, and Vyrgie B. I Goodwin, a widow, party of the fourth part, W I T N E S S E T H: That for and in consideration of the sum of Eleven Thousand Eight Hundred and Fifty Dollars ($11,850.00) cash in hand paid, receipt of which is hereby acknowledged, the party of the first part hereby GRANTS, BARGAINS, SELLS and CONVEYS to the parties of the second part, Garrett W. Kirksey and Jane P. Kieksey, husband and wife, as tenants by the entirety, with full right of survivorship as at common law and not as tenants in common, with GENERAL i WARRANTY OF TITLE, the tracts or parcels of land situated at Milton, in Albe- marle County, Virginia, containing 1.38 acres and 65.9 acres, respectively, referred to in the recitals and preamble to this deed and as more accurately shown on -plats of said tracts made by T. W. Saunders, C.L.S., dated October 19 and 14, 1958, which are hereto attached and made a part of this deed. This conveyance is subject to the reservation of a 10 foot right o way as set forth in a deed from H. E_ Magruder and others to S. S. Chewning, dated November 1, 1896, recorded in the Clerk's Office of the Circuit Court o Albemarle County in Deed Book 107, page 116, and in a deed from S. S. Chewnin I and others to W. E. Goodwin and others, dated December 1, 1916, recorded in Deed Book 164, page 83, as shown on the attached 65.9 acre plat. This conveyance is subject to a right of way and easement to main- tain a power and telephone pole line granted to the Virginia Public Service Company by deed of W. E. Goodwin, dated April 18, 1936, recorded in the Clerk' Office of the Circuit Court of Albemarle County in Deed Book 231, page 316, as shown on the attached 65.9 acre plat. This conveyance is subject to a right of way and easement to main- tain a telephone line granted to the Virginia Telephone and Telegraph Company by deed from Carrie L. Hughes and husband, Samuel H. Hughes, dated May 8, 1947, recorded in the Clerk's Office aforesaid in Deed Book 274, page 287, as shown on the attached 65.9 acre plat. The said Austin B. Pamplin, party of the third part, hereby unites in this deed for the purpose of evidencing his request and direction that the party of the first part convey the aforesaid property to the parties of the second part. The party of the fourth part, Vyrgie B. Goodwin, hereby unites in this deed for the purpose of relinquishing forever any and all right which she may have, to occupy, f ree of any rent or otherwise, the building situated on the one acre tract of land, as referred to in the recitals to this deed any as shown on the attached 1.38 acre plat. Save and except as hereinabove set forth, the party of the first part covenants with the parties of the second part that he is seised in fee I simple of the property hereby conveyed; that he has a perfect right to convey 470 same; that he has done no act to encumber said property; that the grantees shall have quiet possession of said property, free from all encumbrances; and that he, the grantor, will execute such other and further assurances of title to said property as may be requisite. WITNESS the following signatures and seals this the 15th day of October, 1958. Samuel H. Hughes (SEAL). Austin B. Pamplin (SEAL) Vyrgie B. Goodwin (SEAL) STATE OF VIRGINIA COUNTY OF ALBEMARLE, to -wit: I, Willard I. Walker, a Notary Public in and for the State and County aforesaid, certify that Samuel H. Hughes, a widower, whose name is signed to the foregoing deed bearing date the 15th day of October, has ac. ledged the same before me. My commission expires: May 6, 1961. Given under my hand this 16th day of October, 1958. Willard I. Walker, Notary Public STATE OF VIRGINIA COUNTY OF ALBEMARLE, to -wit: I, B. B. Woodson, a Notary Public in and for the State and County aforesaid, certify that Austin B. Pamplin, whose name is signed to the fore- going deed bearing date the 15th day of October, 1958, has acknowledged the same before me. My commission expires May 5, 1961. Given under my hand this 17th day of October, 1958. B. B. Woodson, Notary Public STATE OF VIRGINIA COUNTY OF ALBEMARLE, to -wit: I, Lily B. ,Tones, a•<Notary Public in and for the State and County aforesaid, hereby certify that_Vyrgie B. Goodwin, a widow, whose.name is sign) ed to the foregoing deed bearing',date the 15th day of October, 1958, has acknowledged the same before me.-• My commission expires: October 3, 1960. Given under my hand this-15th day of October,•1958. Lily B. Jones, Notary Public SEE PLATS NEXT PAGE! a__ _ I'= i i I / / \ a1 Iq o\ \ trk PLAT SHOWING 1.38 ACRES OF LAND IN ALBEMARLE COUNTY, NEAR SHADWELL, PURCHASED II BY G. W. KIRKSEY FROM SAMUEL H. HUGHES, SURVEYED OCTOBER 14, 1958. Scale 111 =II 501 T. W. Saunders, S.N.C. Magnetic Bearings. � � I Do � M g N M 41 o� 14 E33° o< qb ^o tS M 7 r� II /s \N \ O pn yyT M � \ a�" �u�. �°0\4•�� dry\ v� � fi� �� � th •� C�- C'7 . tF / \ 4�' Y4t� C� 4W u �x N�iOw PSG/ /1 S frg w/eo S S �L•w93 �'��`\� / 19� h Wu0 � S'� ��'O: •. `I /s a � %z W/fr'I , c, gr, li m 94 W 79 5�/Ob ss 97%yl1�s y F/I \ yiwJed s �t Ii'1J• q I 471 STATE C TY TAX TRANS. --------- FEE ........ ---- PLAT $------�--�------ Z-_ �- SEC .58-54(l�— TOTAL t4 $------1-�- "The debt of 5- 7�pp — evidenced by------..L...Y7Z4.- herein described and secured, has been,paid iq,jj,l ref T the lien of this is hereby released and marked satisfied! �en ui,derhmy hand this day bf..... i.-..19-/t-5 i I' ,L te:Ap- 4 li (TenA 1 tvr�hcr tla+ he +Ritregating lescribed and aeourW W this Deed bf Trust, hm been prodJced before aM marked paid and canealW >iven under my hand thk CA , . i Boor 453 Pace 014 THIS DEED, made this 17th day of December 1968, by and between HARTWELL p. CLARKE, divorced, party of the first part, and LLOYD ASPINWALL, III, party of the second part, W I T N E S S E T H: That for and in consideration of FORTY-SEV127 TROUSAND FIVE HUNDRED DOLLARS ($47,500.00) of which $14,700.00 is cash in hand paid, the receipt jI whereof is hereby acknowledged, and the balance of $32,800.00 is secured by a Vendor's Lien hereby expressly reserved, the party of the first part does SELL and CONVEY with GENERAL WARRANTY OF TITLE and hereby GRANT, BARGAIN, English Covenants of Title unto Lloyd Aspinwall, III, that certain tract of land with improvements thereon in Albemarle County, Virginia, fronting I on State Route 729 near Shadwell in the Rivanna Magisterial District, con - on plat of B. Aubrey Huffman and i taining 7.85 acres more or less, and shown Associates, dated 17 December 1968 and hereto attached as a part of this deed. i This is a portion of ,Clifton) that was conveyed to Hartwell P. Clarke,) jas H. P. Clarke by deed of Harold T. Butts, widower, dated 2 May 1968 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, I Virginia in D. B. 444 p 561. This conveyance is made subject to a grave yard reservation as set out in said Clerk's Office in D. B. 95 p 287 and Virginia Electric & Power Company easements recorded in said Clerk's Office in D. B. 231 p 315 and D. B. 213 p 588, insofar as said reservation and easements affect the pro- perty herein conveyed. conveyed is subject to the restrictions hereby The property hereby imposed that the property will not be further subdivided without the prior ll P. Clarke; that the property shall be used for written approval of Hartwe residential and agricultural purposes only, including but not limited to the keeping of animals thereon, and for single family residences only, with ino more than one residence per lot; and that the plans for any new residences nd plot plans) have to be approved (including color schemes, grading plans, a I cement of any construction. Any Hartwell P. Clarke prior to the commen 6Y l 453 FAu 015 -2- house built and completed for mor: than 60 days without an appropriate L action at law or in equity being filed with lis pendens, shall be con - elusively deemed to have been approved. �I These restrictions apply only to the land herein conveyed and not i to the balance of the land retained by Hartwell P. Clarke. I The Vendor's Lien hereby expressly reserved is evidenced by one bond of Lloyd Aspinwall, III of even date herewith payable to Hartwell P. Clarke in the amount of $32,800.00 on 27 March 1969. This conveyance is subject to the lien of a deed of trust dated i 20 June 1968 and recorded in said Clerk's Office in D. B. 444 p 362. The ,I I party of the first part covenants and agrees to secure the release of the t: property herein conveyed from the lien of said deed of trust simultaneously with the payment of Vendor's Lien herein reserved. WITNESS the following signature and seal: (SEW STATE OF VIRGINIA COUNTY OF ALBEMARLE, to -wit: I if Jeanette M. Wood a Notary Public, for the County aforesaid in the State of Virginia, do hereby certify that Hartwell P. Clarke, whose name is signed to the foregoing writing bearing date on the 17th day of December 1968, has acknowledged the same before me in my County and State 1f aforesaid. Given under my hand this 27thday of Dec '.10Ler 1968, II My commission expires: 20 May 1969. Notary Public I i .1 VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT This deed was presented to me in said office and with certificate annexed admitted to record at / 56 P M. Teste: Clerk v� I virgirua—West Virginia THIS DEED OF TRUST, made this :So41 day of April p(l� in the year nineteen hundred and - Seventy—three , by and between B. J. SHAW—KENNEDY and ALVIN D. EDELSON Bid respectively of Albemarle & Fluvanna Countiesgemy, in the State of Virginia hereitafter called "Grantor". and . Fred N. Colmer and Richard E. Reeves of the City of Charlottesville and Augusta County , State of Virginia respectively, Trustees, either or both of whom may act, hereinafter called "Tfusme"I and ANNE M. SHAW—KENNEDY, i wife of the aforesaid B. J. SHAW—KENNEDY, and JOYCE EDELSON, wife of the aforesaid ALVIN—D. EDELSON, parties of the third part. WITNESSETH: That said Grantor doth grant and convey with general warranry unto Laid Trustee the following property, to wit: All that certain tract or parcel of land situated in the Rivanna Magisterial District of Albemarle County, Virginia, containing 26.2 acres, more or less. lying on the south side of U.S. Highway Route No. 2-50, being all of the property conveyed to N.B.E. Corporation, by deed of Kenneth R. Redden and Hebe R. Redden, husband and wife, dated February 4, 1970, and executed on February 9, 1970, and recorded at Deed Book 469,, page 116 in the Clerk's Office of the Circuit Court of Albemarle County, and is the' same property which was conveyed by deed of even date from N.B.E. Corporation to B. J. Shaw -Kennedy and Alvin D. Edelson, as tenants in common, recorded immediately preceding this Deed of Trust. There is attached hereto, to be recorded as part,of-this deed, _ a plat dated March 23, 1970, or a survey by William S. Roudabush, C.L.S., setting forth the exact metes and bounds of the property conveyed, indicating the property.to contain 25.98 acres by survey. Reference is made to the aforesaid deed and plat and deed book references therein cited for the full particulars of the property conveyed, including,appurtenant rights to the lake shown on plat. The said ANNE M. SHAW-KENNEDY and JOYCE EDELSON join in the execution of this mortgage solely for the purpose of releasing and conveying to the Mortgagee herein all their right, title and interest to the aforementioned property in order to better secure the repayment. of the obligation which has been incurred by the Mortgagors herein. Property is subject to easements of rights -of -way for facilities for the transmission of electric power granted by Kenneth Redden and Hebe R. Redden, husband and wife, by three instruments as follows: deed dated 'December 16, 1957 of record in Deed Book 337, page 346; deed dated June 25, 1959, of record in Deed Book 350, page 356; deed dated May 2, 1960, of record in Deed Book 359, page 195. Said easements granted to Virginia Electric Power Company. r . I m a E4GoYS2B PAGE 47 ' TOGETHER with all hereditaments ana appurtenances hereunto belonging and all rents, issues and profits thereof and all improvements thereon and all fixtures and. accessories now or hereafter annexed and attached thereto. IN TRUST to secure to THE FEDERAL LAND BANK OF BALTIMORE, a corporation having its principal office at St. Paul and Twenty -Fourth Streets, in the City of Baltimore, Maryland, herein called the "Bank" the payment of promissory homestead waiver note bearing even dale herewith made, executed and delivered by the Grantor herein to the Bank in the amount of SEVENTY—FIVE THQUSAND op/l00Dollars (S75t000.00 )• with interest at Seven and one—half percent � 7h ro) per annu t; provided, however, that the Bank may increase said interest rate from time to time by giving to theGrantorthirty (30) days prior written notice, by ordinary mail, to the last known address of said Grantor; as therein provided, said principal and interest being payable on an amortization plan the final installment of which becomes due and payable 30 years years from the date hereof and to secure also any renewals or extensions of the debt evidenced by the said note and any other sums now due or to become due and payable under the terns of this deed of trust and to further secure the performance of each covenant and agreement of the Grantor herein or in the said note contained. WHEREVER used herein the masculine gender shall include the feminine and neuter and the neuter gender shall include the masculine and feminine and the siogular form shall include the plural. GRANTOR covenants and agrees, jointly and severally, with the Trustee and the Bank as follows: First: That he warrants generally the property hereby conveyed; that he is seized thereof in fee simple and has a right to convey same; that he.has done no act to encumber the same; that be will execute such further assurances thereof as may be requisite; Second: That he will pay or cause to be paid when due said principal sum of the debt hereby secured and any renewals or extensions thereof, together with all interest thereon, and all other sums payable by him in accordance with the terms of this deed of trust and the note secured hereby or any renewals or extensions and that he hereby expressly waives the benefit of all exemptions, homestead or otherwise, under the laws of this or any other state and agrees to pay the debt without any offset whatsoever; Third: That he will pay when due all taxes, liens, judgments or assessments heretofore or hereafter levied, assessed Of constituting liens upon the property hereby conveyed; Fourth: That he will keep all improvements now or hereafter located on the premises hereby conveyed in good repair, that he will maintain and work the premises hereby conveyed in good and husbandlike manner; that he will commit no waste and that he will not cut or remove or permit to be cut or removed any wood or timber from said premises except for domestic use without the written consent of the Bank and said Bank shall have the right by injunction or otherwise to prevent the cutting or removal of any wood or timber from said premises, irrespective of whether or not the balance of the security is ample to protect said Bank; Fifth: That he will insure and keep insured buildings and other improvements now on or which may hereafter be placed on the said premises against loss or damage by fire, lightning, windstorm or tornado in companies and amounts saris - factory to the Bank, any polity evidencing such insurance to be deposited with and loss thereunder to be payable to the s Bank as its interests may appear. At the option of the Grantor and subject to general regulations of the Bank,, sums so received by the Bank may be used to pay for reconstruction of the destroyed improvements or, if not so applied, may at the option of the Bank be applied in payment of any indebtedness, matured or unmatured, seared by this deed of trust', or at the option of the bank sums so received may be returned to the Grantor. Sixth: That in the event Grantor fails to pay when due any taxes, liens, judgments or assessmencs lawfully assessed or constituting liens against property Herein conveyed, or fails to maintain insurance as hereinbefore provided, the Bank may make such payment or provide such insurance and the amount paid therefor shall become a part of the indebtedness secured hereby and bear interest from the date of payment at the rate of one per centum (1 %) per annual above the contract interest rate then in effect. Seventh: That if at any time hereafter the Bank or Trustee shall for any reason employ agents or artorneys in connection with this trust, the Grantor hereby agrees to pay the reasonable toss thereof, and any amounts paid by the Bank or the Trustee for that purpose shall become a part of the debt hereby secured and shall be payable on demand; Eighth: That he will use the proceeds of the loan secured hereby solely for the purposes set forth in his application for said wan; n ®1 --- - - - - .. �G��528 PAGE 48 Ninth: That he hereby assigns to e Ban as additional collateral all royalties or other monies t due or to become due from any surface or subsurface right or for any right or privilege other than for agricultural purposes in any way affecting or pertaining to the property hereby conveyed and all monies which may become due in any condemnation proceedings affecting the said premises, and all sums received may be applied at. the option of the Bank to the discharge of any part or all of the indebtedness hereby secured, whether of not the same be due and payable or, at the option of the Bank, such sums may be returned to the Grantor, and that Grantor will not grant any surface or subsurface rights without the written consent of the Bank; Tenth: That he will not, except with the written concurrence of the Bank, lease or transfer to the owner or operator of any other lands any part of any tobacco and/or peanut acreage allotment or allotments now existing or hereafter established on any of the property herein described and that he will not do or perform any act which might impair or tend to impair the continuance of such allotments on the said property, except that this covenant shall in no way interfere with the Grantor's voting of allotment controls under the existing system of referendums; Eleventh: Said Grantor hereby grants to the Bank the right and power to appoint a substitute trustee, or trustees, for any cause, including but not limited to declination to accept the oust, resignation, death, incapacity, disability, refusal to act, removal or absence from the state of the Trustee herein designated, or of any substituted trustee hereunder, and it is agreed that, upon the exercise of this power by the Bank, the substituted trustee, or trustees, shall be vested with all the powers, rights,.authorities, and duties vested in the Trustee herein designated and the Bank shall designate and appoint the substitute trustee, or trustees, by an instrument duly executed and acknowledged and filed for recordation in the office of the clerk of the court wherein this deed of trust is recorded; Twelfth: That, upon default in the payment of the whole debt hereby secured or any part thereof as the same shall become due and payable, or in the event of a breach of any of the terms, covenants and conditions of this deed of trust or the note hereby secured, or in the event the Grantor should die or file any petition under the Bankruptcy Act of make an assignment for the benefit of creditors or become insolvent, or file a petition for an arrangement with creditors, the entire debt secured by this deed of trust shall, at the option of the Bank, become immediately due and payable; Thirteenth: That;"upon default, in addition to any other remedies provided by law, the Trustee shall have the right, without notice, to. t*e"possession of the property and to operate and manage or lease the same and the Trustee may make any reasonable and proper advances for the operation, maintenance and management of the premises and any, sums so advanced shall become part of the debt hereby secured payable immediately with interest from the date of payment at the rateof one per centum (1 `7o) per annum above the contract interest rate then in effect, until paid. Thar, upon default, the Tiustee'shall, upon me request of the Bank. sell the property hereby conveyed, either as a whole or in parcels, at public auction at the front door of the courthouse of the county wherein the property is located, or at such other place as the Trustee may elect, for rash, or upon such other terms agreeable to the Bank as the Trustee may deem beneficial in the execution of this trust, after first advertising the day and hour, place and terms of such sale and a description of the property to be sold by publication in some newspaper of general circulation in the county where the property is located, once. a week for three successive weeks preceding the day of sale, and the Trustee may advertise in such other manner as will; in hi's opinion, be best calculated to attract bidders, and such sale may be adjourned from time to time by oral proclamation at the time and place appointed for the sale, and if decessary in making such sale, the Trustee may secure a survey of said property and the cost thereof shall become a pan of executing this trust; that immediately upon the fast insertion of the advertisement in some newspaper, as aforesaid, there shall be and become due by said Grantor to the Bank all expenses incident to said advertising and any other fees and costs incurred by reason of the default hereunder, which said expenses, fees and costs said Grantor hereby covenants to pay as a part of the indebtedness hereby secured and neither said Bank nor the Trustee hereunder shall be required to receive the principal and interest only of the indebtedness hereby secured unless accompanied by a tender of said expenses; fees and costs, but said sale may be proceeded with unless prior to the day appointed therefor legal tender bemade of said principal, interest, fees, expenses and costs; that the Trustee shall pay, out of the proceeds of sale, first, all the costs of exacting this trust, including a commission to the Trustee of five percent (5%) of the gross amount of the proceeds of sale and all attorney's fees and other expenses incurred in the execution of this trust, and all attorney's fees and costs in substituting a trustee; second, the debt hereby secured; and, third, the residue; if any, shall be paid to the Grantor, his personal representatives of assigns, and the Trustee shall settle his accounts in accordance with the starutes in such cases made and provided; Fourteenth: That the Bank, at its option, may require the Trustee to give a bon I satisfactory to the Bank, conditioned upon the. faithful performance of the duties hereunder, and pny premium paid on such bond shall become a part of the cost of executing this trust•, Fifteenth: That no release or authority to release this deed of trust shall be valid unless such release or authority to release shall be executed by said Bank; Sixteenth: This deed of trust is subject to the Federal Farm Loan Act and all acts amendatory thereof or supplementary thereto. WITNESS the following signatures and seals: B. J. Shaw -Kennedy ................ (SEAL) ...... C4-L .<Q., .. ..........(SEAL) Jolvire Idelson ............................................................................... (SEAL) ............................................................................... (SEAL) i B",(528 Vacs 40 STATE OF VIRGINIA COUNTY OF ALBEMARLE to wit: Toni G . Phillips , a Notuy Public for said CA=q of Albemarle in the State of Virginia do certify that B. J. Shaw —Kennedy, Anne M. Shaw —Kennedy, Alvin D. Edelson and Joyce Edelson whose name(s) israre signed to the foregoing deed of crust, bearing date of the J'pu' day of 4 w A: J , 19 rJ , ha vt this day acknowledged the same before me in my Counry and State aforesaid. "Y"'^ Given under my hand this j G u day of My term of office expires MAY 3 i / f74. .............y..�.. iP�4<.................... orory Public. •-Insert the name of the officer who takes the acknowlnlgment. NOTE: Pursuant to Federal statutes, this deed of that ib exempt from all taxation. •i• �t .. ... r;. � •e.r7 lit ! *'ta r y� t A O i Q BU4K528 PKE 50 H ronno Cu oorpgon 'BB. OJ 25.98A C. LAKE / INCL. 5.3 AG. r IN doh IKeIII, °K, to K''K, 11'11, In 60 L ad P 6 '�PIOP1l g,t P°16 1969Fog e T� ° OLPr. 0.91 3390, 458 4 I 3 Eato"s. „ Shaw• 11 PLAT SHOW/NSA SURVEY OF PROPERTY OF N. B . E. CORPORAr/ON LOCATED A r SHADWEL L AL BEMARL E COUN rY, VA. SCALE.' / "• /0 O' MAR. P 15,, /970 A Pp01 1 J� 19e obi �14 °n,✓ QPrCa5�a2�19 4, V10 M 1 p 0 O, ,M ^ N W O O ti o ^ A h O e h 5 W/LL/AM S. ROUDABUSH, ✓R. CERr/F/ED LAND SURVEYOR wa aw 5585 17, �I ri owxu28 Put � 1 r t E1v1H�-E C1RC .. IN TIaE.CLF-WS OFFlCE O� ALa This dQed wea Pam' wa tome raid o4kc aed wish . M. odmittad to roCp1d Ee t WORK 1 STATE TAN C TY TAX ;------- PLAT --- a. ro SSA . 58-54(h)$.............. -........ — TOTAL b.._l 0. 0•D