HomeMy WebLinkAboutLOD202100019 Correspondence 2021-09-27 (4)m 875 t 24 T
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THIS DEED, made this 24th day of April, 1996, by and be-
tween ROBERT A. MAUPIN and DONNA S. MAUPIN, husband and wife,
herein Grantors, and CATHERINE J. WOMACK, TRUSTEE OF EMERALD LAND
TRUST, herein Grantee, whose address is 409 Park Street,
Charlottesville, Virginia 22901,
W I T N E S S E T H:
That for and in the consideration of the sum of THIRTY
THOUSAND AND 00/100 DOLLARS ($30,000.00) of which $17,900.00, is
cash in hand paid, receipt of which is hereby acknowledged, and
the balance of $12,100.00 is evidenced by deferred purchase money
heal estate note secured by deferred purchase money second lien
Indeed of trust recorded immediately subsequent hereto as part of
one and the same transaction, Grantors do hereby GRANT, BARGAIN,
SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF
TITLE with exception as hereinafter noted unto Catherine J.
Womack, Trustee of the Emerald Land Trust under Trust Agreement
dated November b, 1985:
All that certain tract or parcel of land containing 10.8398
acres, more or less, being shown and described as Lot 1, a
division of Parcel 19-B, County Tax Map 56, in Albemarle County,
Virginia, in accordance with a plat dated May 16, 1983, and
revised July 29, 1985, by B. Aubrey Huffman and Associates, C.L.S.,
of record in the Clerk's Office of the Circuit Court of Albemarle
IlCounty, Virginia, in Deed Book $71, page 384, being a portion of
the property conveyed to the Grantors by deed from Edward Lane
Sutherland and Cordelia G. Sutherland, husband and wife, dated
June 30, 1983, of record in the aforesaid Clerk's Office, in Deed
Book 767, page 507.
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TO HAVE AND TO HOLD the property in fee simple with the
appurtenances thereunto belonging upon the trust and for the uses
and purposes set forth herein and in the Trust Agreement.
Full power and authority is hereby granted to the Trustee,
and his successors, to protect and conserve the property; sell,
contract to sell and grant options to purchase all or any part
of the property and any right, title or interest therein for cash
or on credit; exchange the property or any part thereof for any
other Teal or personal property upon any terms; convey the
property by deed or other conveyance to any grantee, with or
without consideration; mortgage, pledge or otherwise encumber
the property or any part thereof, with or without consideration;
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 rental and upon any other terms
and conditions; release, convey or assign any other right, title
or interest whatsoever, in, to or about the property or any part
thereof, with or without consideration.
No party dealing with the Trustee 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 (1) to see to
the application of any purchase money, rent, or money borrowed or
otherwise advanced on the property, (2) to see that the terms of
the Trust Agreement have been complied with, (3) to inquire into
the authority, necessity, or expediency of any act of the Trustee,i
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eon( 8 l 5 racr0 219
or (4) be privileged to inquire into any of the terms of the Trust!
Agreement.
Every deed, mortgage, lease or other instrument executed by!
the Trustee in relation to the property shall be conclusive
evidence in favor of every person claiming any right, title or
interest thereunder (1) that at the time of delivery thereof the
Trust was in full force and effect; (2) that such instrument was
executed in accordance with the terms and conditions hereof and
of the Trust Agreement and is binding upon all Beneficiaries
thereunder; (3) that the Trustee was duly authorized and empowered
to execute and deliver every such instrument; (4) if a conveyance
has been made to a successor or successors in trust, that such
successor or successors have been properly appointed and are fully
vested with all the title, estate, rights, powers, duties and
obligations of its, his, or their predecessor in trust.
The Trustee shall have no individual liability or obliga-
tion whatsoever arising from his ownership, as Trustee, of the
legal title to said property, or with respect to any act done or
contract entered into or indebtedness incurred by him in dealing
with said property, or in otherwise acting as such Trustee, ex-
cept only so far as the trust property and any trust funds in the
actual possession of the Trustee shall be applicable to the pay-
aent and discharge thereof.
A copy of the Trust Agreement mentioned herein shall be
filed in the office of Fell, Deinlein, Pettit 6 Williams, 409
Park Street, Charlottesville, Virginia 22901.
The interest of every beneficiary hereunder and under the
Trust Agreement and of all persons claiming under any of them
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shall be only in the earnings, avails and proceeds arising from
the rental, sale or other disposition of the property. Such
interest is hereby declared to be personal property, and no
beneficiary hereunder shall have any right, title, or interest,
legal or equitable, in or to the property, as such, but only in
the earnings, avails and proceeds thereof as provided in the
Trust Agreement.
This Deed is governed by and is to be read and construed
as reference to section SS-17.1 of the Code of Virginia of 1950
as amended and now in force.
This conveyance is subject to a first lien deed of trust
dated June 30, 1983, in the original sum of $37,500.00, from the
Grantors to Edward Lane Sutherland and Cordelia G. Sutherland,
husband and wife, of record in the aforesaid Clerk's Office in
Deed Book 767, page 509; and Grantee by acceptance and recordation
of this deed acknowledges that this indebtedness exists on the
property herein conveyed.
This deed is subject to a road maintenance agreement dated
October 4, 1985, of record in the aforesaid Clerk's Office in
Deed Book 854, page 257, Grantee, by acceptance and recordation
of this deed agrees to be bound to the terms of said road main-
tenance agreement.
This conveyance is subject to all easements, reservations,
conditions and covenants contained in duly recorded deeds, plats
and other instruments constituting constructive notice in the
chain of title to the above -described property which have not
expired by a tine limitation contained therein or otherwise
become ineffective.
N
M 815 0c0271 -S-
WITNESS the following signatures aad seals: i
STATE OF VIRGINIA, AT LARGE
CITY OF CHARLOTTESVILLE, to -wit:
The foregoing instrument was subscribed, sworn to and
acknowledged before me by Robert A. Maupin and Donna S. Maupin,
in the City and State aforesaid.
Given under my hand thisoi9~day of April 1986.
My commission expires: 4Au 30�
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