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HomeMy WebLinkAboutLOD202200015 DB1393 P489 2022-09-128K I393PG©489 (!041!jU THIS DEED, made this lath day of March, 1994, by and between HOLLY B. ROFFMAN, unmarried, Grantor, and RICHARD H. MILNOR and JOHN W. ZUNAA, TRUSTERS OF THE ACAS LAND TRUST, under agreement March 17, 1994, Grantees, whose address is P. 0. Box 1567, Charlottesville, Virginia 22902 WITNESSETH: That for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor GRANTS and CONVEYS with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto Richard H. Milner and John W. Zunka, Trustees of the ACAS Land Trust, the real estate described as: All that certain lot or parcel of land, with all improvements thereon and appurtenances thereto pertaining, situated on State Route 671, in the White Hall Magisterial District of Albemarle County, Virginia, containing 19.50 acres, more or less, and more particularly described by a plat of Wm. Morris Foster, dated August 25, 1977, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 632, page 323; BEING the same property conveyed to Holly B. Hoffman, femme sole, by deed of Nancy Lee Rick and Niels oven Young, her husband, dated March 9, 1984, and recorded in said Clerk's office in Deed Book 791, page 640. Full power and authority are hereby granted to the Trustees, 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 by deed to any grantee, with or without consideration; to mortgage, �' pledge or otherwise encumber the property or any part thereof; to eK 1393PP,0490 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. No party dealing with the Trustees, or their successors, in relation to the property in any manner whatsoever, and 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 or privileged to: (a) See to the application of any purchase money, rent or money borrowed or otherwise advanced on the property, (b) See that the terms of the Trust have been complied with, (c) Inquire into the authority, necessity or expediency of any act of the Trustee, or (d) Inquire into any of the terms of the Trust Agreement. Every deed, mortgage, lease or other instrument executed by the Trustees in relation to the property shall be conclusive evidence in favor of every person claiming any right, title or interest thereunder; (a) that at the time of the delivery thereof this trust was in full force and effect, (b) that such instrument was executed in accordance with the trust, terms and conditions thereof and of the said trust agreement and is binding upon all beneficiaries thereunder, (c) that the Trustee was duly authorized and empowered to execute and deliver every such instrument, and (d) 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. OK 1393PGO49I The Trustees shall have no individual liability or obligation whatsoever arising from their ownership as Trustees of the legal title to said property, or with any respect to any act done or contract entered into or indebtedness incurred by them in dealing with said property, or in otherwise acting as Trustees, except only so far as said Trust property and any trust funds in the actual possession of the Trustees shall be applicable to the payment and discharge thereof. Any Trustee may resign at any time by sending a notice of his intention to do so by certified mail to each of the then beneficiaries hereunder and to any co -Trustee, at their respective last known addresses. Such resignation shall become effective ten days after the mailing of such notices. In the event of the resignation, death, incapacity, disability, removal, or absence from the State of the Trustee, or any successor Trustees, a successor Trustee or Trustees shall be appointed in the following manner: (a) Substitution of the Trustee or Trustees may be made with or without cause, pursuant to the provisions of section 26-49 of the Code of Virginia, 1950, as amended and now in force; or (b) The Beneficiaries may by unanimous written consent, with or without cause, appoint a successor Trustee or Trustees by an instrument duly executed and acknowledged; or (c) The Trustee may, in his or her sole and absolute discretion, designate and appoint a successor Trustee or Trustees by an instrument duly executed and acknowledged. In the event of a conflict arising as to the method of appointing a successor Trustee or Trustees, the procedures shall -3- eK I393PGO492 have precedence according to the order stated. When any such instrument of appointment shall have been executed, the successor Trustee or Trustees named herein shall be vested with all the powers, rights, authorities, duties and obligations vested in the Trustee named herein. Any instrument of appointment shall be recorded in the Office of the Circuit Court of every city and county in which trust property is situated. The Trustees shall serve without compensation, except as herein otherwise provided. The word "Trustee" or "Trustees" as used herein shall include the singular and the plural, as the case may be, and any successor Trustee or Trustees. This conveyance is made subject all easements, conditions, restrictions, 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. eK 1393FG0493 STATE OF VIRGINIA, At Large City of Charlottesville, to -wit: The foregoing instrument was acknowledged before me this day of March, 1994 by Holly B. Hoffman. My commission expires: 1 r NOTARY PUBLIC 1-30i p Dp , �- OFFICE OF THE CIRCUIT COUNT OF ALBffiUYJ'E: VIRGINIA: IN THE CLERK'S THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANtEM' IS ADMITTED AT-1= O'CLOCK TO RECORD ON ,19�, —�E 9 t7.7 TA TAX �1ec ��(� f(213 ) , LOCAL TAX C]V f ( 213 ) (212) TRANSFER FEE $ 1'Lk? S1.00 (145) VSLF CLERK'S FEE =�(301) •. PLAT SEC.58.1-802: TESTS: s (038) SHE J.MARSHALL,CLM STATE TAX LOCAL TAX �(220) = (223) BY. ' LOCAL TAX D PUTY CLERK TOTAL $f,f¢ _06