HomeMy WebLinkAboutLOD202100012 Other 2021-10-20This AM, made this
S S3 (P
first dap of November 1980
by and between THE ESTATE OF DONALD G. STEVENS, by William T. Stevens and
Helena Stevens Tuck, Co -Executors,
of the Real part (hereinafter designated as the Geamm,) and
Frederick L. Watson and William H. Muller III
Trustees, of the second part (herrinafter designated as the Truster,).
�tlurearllp That for and in eonaidenation of $5.00 cash in hand paid, the receipt %hereof is
hereby acknowledged, the Grantors do hereby grant, bargain, sell and ran,ey uatn the ,aid Trusar,, %i,h
GENERAL WARRANTY of title. the following described property, to.wi :
The aggregate of those certain nine tracts or parcels of
land described in items (1) through (9) below less and except that
certain 2,00 acre parcel or tract of land described in item (10) below:
(1) All that certain tract or parcel of land containing
5.1 acres, more or less, and more particularly described as Lot A
on a plat of record in the Clerk's Office of the Circuit Court for
Albemarle County in Deed Book 312, Page 222, and being in all respects
the same property conveyed to Donald G. Stevens by deed of J. G.
Pugh and Viola E. Pugh dated April 15, 1955, recorded in said Clerk's
Office in Deed Book 316, Page 7. This property is subject to restrictions
for tourist accommodations as set forth in said Clerk's Office in Deed
Book 245, Page 548; to the rights granted in connection with a conveyance
to the County School Board by deed recorded in said Clerk's Office
in Deed Book 137, Page 10, insofar _as now binding; to the restrictions
against use of land for any retail business recorded in said Clerk's
Office in Deed Book 308, Page 487; and to a right of way Telephone and Telegraph to Virginia
Company by instrument dated December 3,
1959. recorded in said Clerk's Office in Deed Book 354, Page 506.
(2) All that certain tract or parcel of land containing
3/4th;, of an acre shown on plat of record in the Clerk'sthe Office of
Page Circu329,'t fronting ourt oon Albemarle he Campbell t R°oad' 1001 feet'n with depth
Deed
da Book245,
159 feet and being the same property conveyed to Donald G. Stevens
by Mamie W. Pettus and husband by deed dated February I, 1924,
and recorded in said Clerk's Office in Deed Book 186, Page 44.
(3) All that certain tract or parcel of land containing
13/100ths of an acre designated as Lot No. I on plat of record in
said Clerk's Office In Deed Pook 245, Page 329, and being the same
property 'conveyed to Donald G. Stevens by Mamie W. Pettus, widow,
by deed dated January 22, 1940, of record in said Clerk's Office in
Deed Book 245, Page 327.
(4) All that certain lot or parcel of land cnntainin0 I-
54/!00ths acres designated as Lot No. 2 on plat of record in said
Clerk's Office In Deed Book 245, Page 329, and being the same property
conveyed to Donald G. Stevens by Mamie W. Pettus, widow, by deed
dated December 16, 191.0, of record in said Clerk's Office In Deed
Book 249, Page 346.
(5) All that certain tract or parcel of land containing
35/100ths of an acre shown on plat of record in said Clerkte Office
In Deed Book 245, Page 554, and being the some property conveyed
to Donald G. Stevens by Wiley B. Johnson and wife by deed dated
March 15, 1940, of record in said Clerk's Office In Deed Book 245,
Page 553,
(6) That certain lot or parcel
of an acre designated as Lot No. 2 on plat
Office in Deed Book 248, Page 496, and being
to Donald G. Stevens by Wiley B. Johnson
December 15, 1940, of record in said Clerk's
Page 495.
3f land containirq 8/I0ths
of record in e, Clerk's
the same property conveyed
and wife by deed dated
Office in Deed Book 248,
(7) All that certain lot or parcel of land lying in Albemarle
County, Virginia, near Cismont, being the rear portion of a tract
of land shown on a plat made by Hugh F. Simms, S.A.C., dated
December, 1939, of record in said Clerk's Office in Deed Book 245,
Page 329, being the rear 100 feet of the tract marked "Mamie W. Pettus
Home Tract" as shown on said plat, and being the same property
in all respects conveyed to Donald G. Stevens by Margaret P. Squire
and G. Howard Squire by deed dated April 17, 1953, of record in said
Clerk's Office in Deed Book 306, Page 176, together with right of way
more fully described in said deed from Squire to Stevens.
(8) All that certain lot or parcel of land situated at
Cismont in Albemarle County, Virginia, on the road leading from Cismont
to Campbell, and being all of the lot shown on plat made by Hugh
F. Simms, S.A.C., dated December, 1939, of record in said Clerk's
Office in Deed Book 245, Page 329, marked "Mamie W. Pettus Home
Tract" except the rear 100 feet described under (7) above, being the
same property in all respects conveyed to Donald G. Stevens by David
J. Wood, Trustee, dated July 17, 1953, of record in said Clerk's Office
in Deed Book 306, Page 178.
(9) All that certain lot or parcel of land in Albemarle
County, Virginia, lying between Jefferson Highway and center line
of Campbell Road, containing 19/100ths of an acre, and more particularly
described as Lot No. I on a survey and plat of Hugh F. Simms, S.A.C.,
dated November, 1940, and recorded in the Clerk's Office of the Circuit
Court for Albemarle County in Deed Book 248, Page 495, and being
the same property conveyed to Donald G. Stevens by Wiley B. Johnson
and Essie F. Johnson, his wife, by deed dated February 12, 1943,
and recorded in the Clerk's Office aforesaid in Deed Book 256, Page
531.
(10) Less and except that certain parcel containing 2.00
acres that is situate on the /side of State Route 22 and described as
fol lows: north
Beginning at an iron set near a large white oak
S06o48'40"W, 115.53 feet to an iron set at the margin of State Route
22; then along the margin of said State Route N83o11'20"W, 402.65 feet to an
iron; then NO6048'40"E, 239.63 feet to an iron; then S83o11'20"E, 251.70 feet
to an iron; then S43046'E, 195.41 feet to the beginning. This property
is shown on a plat of survey dated October 17, 1980, by William Morris
Foster, C.L.S., entitled "A 2.00 ac. Portion of the Donald G. Stevens
Est." which plat Is to be recorded with a deed subsequent to the
recording of this deed of trust.
This property Is the same with the exception of 'tire 2.00
acre parcel or tract of land as described In Item (10) above that
was conveyed to Frederick L. Watson, Jr. and Hartwell H. Gary III,
Trustees, by two deeds of trust, both dated October 25, 1975, and
recorded in said Clerk's Office in Deed Book 583 at Pages 508 and
515 respectively.
311 Crust ro,,cumadebtof Seventy —Three Thousand Doltarsevidenced by
First Mortgage 11ra1 Estate Bonds, pa)ahle to for Bearer oretherrel and poyaLlr as follows:
BOND NO.
PRINCIPAL AMOUNT
DATE PAYABLE
1-3
$1,000.00
November
I, 1985
4
$2,OOD.00
November
It 1981
5
$2,000.00
November
I, 1982
6
$2,000.00
November
It 1983
7
$2,000.00
November
It 1984
8
$2,000.00
November
I, 1985
9-16
$5,000.00
November
1, 1985
17-18
$10,000.00
November
It 1985
all of which bonds are of even date herewith and bear interest at the rate of —13— per renovate per armum,
from date until paid, payable semi-annually, which interest installments are evidenced by coupons attached to
each of the bonds, which lands contain waiver of homestead exemption and, with the coupons thereto attached,
arc payable at the office of PEOPLFS MORTGAGE CORPORATION, Charlottesville, Virginia, and are
signed by the said
Grantor by its Co —Executors, William T. Stevens and Helena
Stevens Tuck.
Said bonds are identified as secured by this deed by certificate of the Trustees endorsed thereon.
It is covenanted and agreed between the parties aforesaid and all persons holding bands and coupons
secured hereunder, or other persons making advancements for interest, taxes or insurance, as follows:
ART. 1. The said grantors will deposit with the said corporation, five (5) days before each interest due
date enough money to pay the semi-annual interest, to be held by said corporation and applied to the payment
of said interest) will Pay all taxes, and assessments upon said property, before any penalty or interest is added
so long as the debt hereby secured remains unpaid, and will keep the improvements insured in good insurance
companies, to be approved by the trustees, for such sum or sums as the trustees in their discretion may deem
sufficient for the protection of the bondholders herein secured, payable in accordance with the New York Stand.
ard Mortgage clause, to the said trustees.
In rase of fire destroying the improvements, in whole or in pan, upon the property hereby conveyed, moneys
collected upon such insurance policies shall be applied by the tmstees, first to the cast of collecting such in.
surance, including a reasonable compensation to the trustees, and an attorney', fee, if an attorney be employed,
second to the payment ratably of the bonds hereby secured, then unpaid, or, the trustees may B they ace fit,
having regard to the protection of the security of the bondholders, apply such insurance moneys either (1) to
the payment of certain bonds and interest thereon accrued in full, or (2) to the construction of improvements
Upon Said property, or (3) part to payment of bonds and interest as aforesaid and the remaining pan to con-
struction of improvements as aforesaid.
ART. It. If default be made in the payment of the principal or interest of said debt or of any here, or
assessments on acid property or of any insurance premium on the improvements thereon, when they become
due, or in case any insurance be not effected, or renewed, as aforesaid, the trustees upon request by the holder of
any of said bonds or any of said coupons, or when they think proper shall sell the property; and all of said bonds
shall immediately become due and payable.
Sale shall b, at public auction at such time, and place, and upon such terms u may be determined by the
trustees, after having first advertised the Said time and place and terms of sale for twenty days by handbills
tasted in the county or city wherein the property lies and by such additional advertisement as the trustees deem
advisable.
The proceeds of sale, after deducting all expenses of such sale, and advancements, including any necessary
attorneys' fees, and a trustees commission of five per cent on the gross proceeds of We, shall be applied ratably
to the payment of the mid bonds then unpaid, which arc to be then paid, whether due or not, and all Interest
which shall have seemed on said bonds, and after satisfying all of said bonds with seemed Interest thereon, the
residue, if any, shall be paid to the grantors, heirs or assigns.
p,rE : 5 h 3
In ail rrslrcl, uoI N-1-in •nh. ra-v- , h
I n J, all pangs hrru. a sdl n Al utbcr ir.,nies Maiming hcr•
I nder shall be gnrrrnrd by Sn'tinn 55-59 C'.al„ .,( Virginia
AR'T. Ill. That alum regtwst of Ibr said Krai.[orn •,r 1h,.ir aysignn, and ap'a, prslmtion to said trust—
of any of the bonds aml raupans issued and s,runvl by this deed. or upon Pna,f b, said troaler, of lhr has, ur d,.
Mnwtion of any of said bonds or milem., and that such blmel, ar crmpao, L,,t or deshayed basing L..... full,
Paid there the IrutilnR ,hall I,e fully authorized, and is shall b,their duty m releam at the Bust of the rrkuu• the
lien of this deed of trust, Jr, marginal release or by rrleaM- .Irl'tl an for -1 it N'rltM] said bonds produerd .,'Jbwe-
said, or payment of which has been proud as aforesaid.
That the recital or cretifiealc by' the said trust," of the fe,1, aforesaid, upon which such relcasr• nmy be
made, shall be conclusive evidence of such facts, so far a, any person may be cunr.rned who may acquire an
interest in said property, whether by purchase, encumbrance, or otherwise.
The trusters aforesaid or any person substituted to that office shall incur no liability in an act hereunder
in the absence of fraud or gross neglect.
If either of the trustees named be unable or declines to art, then the other trustee shall act alone, just as
if he were the only trustee named herein.
Upon payment In amounts acceptable to Peoples Mortgage
Corporation, said Corporation may direct the Trustees to release certain
portions of the property described herein from the provisions of this
Deed of Trust.
iaitnraa 'he following signatures and xak the ey and year firer above written.
ES TA OF DONALD G. TEVENS
BY I�yA,.2�^.....,Cjst ����SEAL)
Co -Executors h
STATE OF VIRGINIA
T
1� A".O%N.4 _.. Towit:
a Notary Public in and for the
and State of Virginia,
do hereby certify that .
whom names are signed m the writing above, bearing done of the ../...] day 72Qu..ft ...,
i..
Xi�Cj(¢•ey:h hall ackno.vledged the same before me in m n
� ion ea in o ......L.Q .............'......... afareaa(d.
....
we er m hand n the ../�..:../.. dry of ...................... 19.$
:S y this... day oI..........Gid. .........h 19 I.0
a1; �2 '
Notary Pastir.
(VIRGINIA: IN THE CLERK'S
1 I This deed was pros
admitted to record on 1
STATE TAX i O
LOCAL TAX
TRANSFER FEE
CLERK'S FEE
PLAT
GRANTOR'S TAX
TOTAL ---�-
OFFICE OF THE CIRCUIT COURT OF ALSRMARL
anted, and with Certificate annexed,
—�u���_ 1y�l�ise�at l^ 1�_O'�loek�M
TF.STE: SHELHV .T. MAcsHALL, CLERK
RVt