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Home My WebLink AboutSP200600021 Application Special Use Permit 2006-05-03 .;•��^�, ��`- CommunTty Development Department,Planning& cji'1i0 < County of Albemarle Community Development Division k 401 McIntire Road Charlottesville,VA 22902-4596 Planning Application 1 Voice (434)296-5823 Fax:(434)972-4012 PARCEL/ OWNER INFORMATION " TMP 09100-00-00-01600 Owner(s): 'ALBEMARLE CARTER MOUNTAINS TRUST C/O ADVANCE CORPORATE 5E1 Application#1. .SP.200600021 ' 1 `PROPERTY INFORMATION • • . Legal Description ACREAGE Magisterial Dist. Scottsville Land Use Primary Residential--Single-family(incl.modular homes) Current AFD Not in A/F District Current Zoning Primary R1 Residential APPLICAT.ION INFORMATION, House # Street Name Apt/Suite City State Zip Street Address 1612 SCOTTSVILLE RD CHARLOTTESVILLE 22902- Entered By: Stephanie Mallory on 05/30/2006 Application Type Special Use Permit Project: Kappa Sigma International Headquaters 3,313.00 Received Date 05/30/2006 Received Date Final Total Fees $ 110.00 Submittal Date 05/30/2006 Submittal Date Final Total Paid $ 110.00 Closing File Date Revision Number Comments: Also includes TMP 91-16D Legal Ad SUB APPLICATION(s) • . Type Sub Application Date Comments New Special Use Permit 05/30/2006 APPLICANT/'CONTACT INFORMATION, • Primary Contact Name Draper Aden Associates(Lance]. Koth) Phone# (804) 264-2228 Street Address 8090 Villa Park Drive Fax# (804) 264-8773 City/State Richmond,VA Zip Code 23228-0000 E-mail LKoth@DAA.com Cellular# ( ) - Owner/Applicant Name ALBEMARLE CARTER MOUNTAINS TRUST C/O ADVAI Phone# ( ) - Street Address 2213 CONCORD PIKE Fax# ( ) - City/State WILMINGTON DE Zip Code 19803- E-mail Cellular# ( ) - Owner/Applicant Name Kappa Sigma Fraternity Phone# (434) 295-3193 Street Address 2020 Avon Court,Suite 29 Fax# (434) 296-9557 City/State Charlottesville,VA Zip Code 22902-0000 E-mail Mic@HQ.KappaSigma.org Cellular# ( ) - Signature of Contractor or Authorized Agent Date :34 iti4 County of Alberharle : :. ' Property Information.1„--,, ,,, ,. °- —°.'-n• 1pi M cintir"e ORhoaorlo 2it2e9s0v2ille4t V96 ACTIVITY INFORMATION PLANNING ACTIVITIES BUILDING ACTIVITIES Special Special Application # Current Status Conditions Application # Current Status Conditions 1AR8200400091 :.-: ., Approved - " .,No ' I8200001526NNit : Issued ' - ''' ' No , `SDP2004.00072 '-, Void - , ',!'No.1' . 113190501031NC Issued ' I No " •. i IiiA200400616 ,: ' 'Approved i - - : "No,;": -,---1 ;I tB2OOS06266D: " IsSppd, "' - ' ' - INo ili/P02Q0S00001 - Under Review '''' 'I No' I ' . [SO20050007.`-. : Ready To Be Sighed No . , -i r •,, ' " -—V 't - 4 .. SP2()0600021. -. Under Review - , • I No: 1 i PROPERTY INFORMATION TMP 09160-094)Q-01604 . ! Legal Description ACREAGE Parent TMP - - - ' .A • '' , •• ‘• _•A'7'•"• ' Tax Map [09100 "- :II Section ipc, ;:.,- - -,,, Block 11B0 • .. ,,f f if,,- ...,....- ,,,,,f Parcel 101600- GPIN [483876884679 i ..„ Major Subdly. [Acreage ,„ Total Acres 6:141 TMP Inactive? NO j - ADDRESS INFORMATION , House# Street Name Apt/Suite City State Zip Street Address 1:61T §Coff§ViarkEr:-------- 1 - • ' I . = ' !al1ARL:MTEsv4E = 1 . 1'22902-, OWNER INFORMATION Owner Name IALBEMARLE:CARTER MOUNTAINS,TapST cip i Street Address 12213 CONCORD ADVANCEiCORPORATESERVEC SERVICE INC-' ._, , City/State ltRILMINGTON.DE .,,,...,Zip 10003- r . . . . ... , .ADDITIONAL PROPERTY INFORMATION Comprehensive Plan Area Urban Area 4 - • High School District Monticello I • , Traffic Zone 181 Middle School District ,Walton .• I - Voter Precinct Cale ., . , • Elem.School District .Cale• , . Magisterial District Scottsville ' ' . • '„, : Census Block Group 3 Metro Planning Area? ir Census Tract !113- „ CATS Area? i//`• ' L.. :....„..;. " '''''... ° .... 2.. .. 1' .. . Water Supply Protection Area? Public Water&Sewer [Water&Sewer:, Development Area? • Watershed Moores Creek , ' I - i Other Rural Land? Historical Significance l-, World Heritage Site j Virginia Landmark Register , National Historic Landmark National Register of Historic Places Parcel Has Proffers ' Li Proffers? Agricultural&Forest District Not in A/F District ' ':: - ' Number of Number of Dwelling Landuse Structures Units Comp Plan Landuse •. - Primary 1,Residentipl--Single-famk(incl: modular homes) -, ",.! - 1 1 !Urban Density . . _ .. .... _. i l , ,, • Secondary Forest--Deciduous , I ' Minor Open ' „ '„ ,"'. ' , '•„ . ,.-.. -., ,•: . • . Comp Plan Landuse Other fI, Current Zoning Zoning Adonted 12/1980 Zoning Prior to 12/1980 Primary 1R1 Residential , ' '. • 12.1Residentfal' ' ' ': , • '' Agricultural,- i--- , Secondary . , -.4 ' .; . ' . . Airport,Protection•OverlaK ' „ , ".. ' " , -• •, Minor 1 : ' Scenic Highway Overlay • ' . . Other 1 ' - • Natural Resource Extraction Overlay ' Airport Impact Area I Entrance Corridor Overlay 1 Flood Hazard Overlay , ' Scenic Stream Overlay l Community Development Department,Planning& .. County of Albemarle Community Development Division ap � 401 McIntire Road Charlottesville,VA 22902-4596 ".+Zr,eY Planning Application 1 Voice:(434)296-5823 Fax:(434)972-4012 PARCEL/OWNER INFORMATION TMP 09100.00-00-016D0. s Owner(s): ALBEMARLE CARTER MOUNTAIN'S TRUST;ALB:CARTER MTS MGMT CO U Application#1 OTH2O060O 17 W� PROPERTY INFORMATION Legal Description ACREAGE Magisterial Dist. Scottsville Land Use Primary Residential--Single-family(incl.modular homes) Current AFD Not in A/F District Current Zoning Primary Ri Residential APPLICATION INFORMATION House# Street Name Apt/Suite City State Zip Street Address 1570 SCOTTSVILLE RD CHARLOTTESVILLE 22902- ' Entered By: Stephanie Mallory on 05/30/2006 Application Type Other Project: Kappa Sigma International Headquaters 3,313.00 Received Date 05/30/2006 Received Date Final Total Fees Submittal Date 05/30/2006 Submittal Date Final Total Paid Closing File Date Revision Number Comments: SEE SP200600021 Legal Ad L SUB APPLICATION(s) Type Sub Application Date Comments r � APPLICANT/CONTACT INFORMATION Owner/Applicant Name ALBEMARLE CARTER MOUNTAINS TRUST;ALB.CAR, Phone# ( ) _ Street Address 2213 CONCORD PIKE Fax# ( ) - City/State WILMINGTON DE Zip Code 19803- E-mail Cellular# ( ) - Signature of Contractor or Authorized Agent Date r---- , 0, „, ' ' 40V/ CountrOf Albema rle-..' - '- '---,2---. ''':';'' . . , ,. .. GeograppicaFData Services . -",2',;:.i-' 'Division-Rooth 21p .27 '• —, . '- . „ ,,--:, - •5L,z(01" ;:it ,Property Information ' ,'Cheriottesville;VA 401 MCIntireRoad 22902.4596 ACTIVITY INFORMATION PLANNING ACTIVITIES BUILDING ACTIVITIES Special Special Application # Current Status Conditions Application # Current Status Conditions 10T1-12006B0117 Under Review .- ., , No . . „ 1..., , . PROPERTY INFORMATION „....... ......_ - , TMP o9loo•i•oo.dp-oxpao I Legal Description ACREAGE Parent TMP , -7, - Tax Map 00100: -,"° Section op,, ,., ,.. Block 99,'? Parcel 0100 I GPIN [7485991384989 ......- Major Subdiv. Acreage ' , :-- ,, Total Acres 12215 TMP Inactive?! .No ADDRESS INFORMATION House# Street Name Apt/Suite City State Zip . . . Street Address 1570, 'i BCOTTSVILLEAD7 , „..-4 , 1 T. ' :' CHARIATESVII.LE ' i -`, ,I r1290- ,[.. •. .. ,. ' , . , OWNER INFORMATION . Owner Name ALBEMARLE CARTER MOUNTAINS TRUST,ALB. 7771 Street Address 5213C-ON-E6tio-PIKE CARTER KS mqmt co LLCMS . ' " -_ . . 1 — , - i City/State WILMINGTON DE ' 1 ' , , ,... ,,i ,," .,,,.„:„... .,.....,,,,,,.......„: !.4„......_ - ..,,, - ........,......_1 Zip L19ep3,, t-- . . ADDITIONAL PROPERTY INFORMATION _. ... ... . ... Comprehensive Plan Area Urban Area 4, ; ' . High School District 'Monticello Traffic Zone 181 Middle School District Walton 1 „ Voter Precinct Cale Elem.School District :Cale - : Magisterial District Scottsville Census Block Group 13 . . Metro Planning Area? A CATS Area? / Census Tract 1113: , Public Water&Sewer !Water&Sewer . Water Supply Protection Area? Development Area? , Watershed 'Moores Creek * ' --I ' Other Rural Land? 1 1 Historical Significance , - -• J World Heritage Site ,'; Virginia Landmark Register National Historic Landmark National Register of Historic Places Parcel'ilias Proffers 0 Proffers? Agricultural&Forest District INOt in X/F DiStrict ' 1',z, :' ''1 Number of Number of Dwelling _ . Landuse Structures Units Comp Plan Landuse .., Primary Residential Single family(incl. modular homes) , ; : 1 ii .Urban Density „ .•.... _ _ Secondary Open Minor 'Forest',•-,Deciduous Comp Plan Landuse Other Current Zoning Zoning Adopted 12/1980 Zoning Prior to 12/1980 Primary 1R1 Residential :. ' - ,:,;:: I 11:ilesidential, •,; ,i' :: 1 Agricultural Secondary 1 "' '' . , '‘ 1 Airport Protection Overlay ,' , ':1 :.; - • - „ " i Minor i ' • ;: '1 Scenic Highway Overlay . r- —77.-- • 1 , Other [ i ' ' " ,,.:i• Natural Resource Extraction Overlay ' 1 Airport Impact Area i Entrance Corridor Overlay I -' Flood Hazard Overlay , 1 Scenic Stream Overlay I • pplits.ation.- for •.,..64Trok gm% Special Use Permit wtivx • Please See the Listat the bottom-of:page 4.for the Appropriate Fee (stall Will sassist you with.thisitem) ZON I kl 6— R-i 3.2-• 2 (2) PROJECT NAME:(how shnuictwp',refer'to:tItis'applicaiion,* Kappa Sigma International Headquarters PROPOSAL: Minor modifications to an existing Special Use Permit Ct. BS D(re s, I Fi2ATa,v46, :Ex( l'1:1\TG.COMPPLAIN'IAND USE/DENSITY: LOCATIGN: Route 20,Soutn of Mill Creek Drive TAk ivrr!A.ii-sett,(s):, 91-16,91-16D MAGISTERIAL DISTRICT: Scottsville Magisterial District ACRESTOa'.' i)* RE1-31)3V'SPEdAt-tIgEt'igiVIITlitaportion 1tInuO.e:i1elineate(1 on a-plat): 8.357 Is this-an amendment to.an ex1stingSpedalKsePernaTTr yes pli7pvidetliatsp Nunto,6r. SP-03-91 0 YES El NO Are you.subriaitting.kprellininary.site.pladth.thiS.appliCation7 DYES, 0 NO • Contact'Petson-(Who.shouldme,calltwrite conceriiing.•thig project4 Lance J.Koth,P.E.,Draper Aden Associates Address 8090 Villa Park Drive City Richmond State VA Zip 23228 Daytithe Phone'(804) 264-2228 Fix4(8 4) 264-8773 E-mail K a A c Owner of Record -Kappa-Signia-FfatenrIty at /flora, ylAttydal7t0 Address 2020 Avon Court,Suite 29 Charlottesville State VA Zip 22902 gity Daytime aone(434). 295-3193 iFax.#(434) 296-9557 Mic( HO.Kappa ygma.org Applicartt:(Whols.the,Contactperson_represctiting);< Kappa Sigma Fraternity • Address 2020 Avon Court,Suite 29 City,, Charlottesville State VA Zip 22902 Daytime i)hoile.(434) 295-3193 Fax#:(434).296-9557 E-mail. Mic(FD,HQ.KappaSosznia.org Does,the<owner of this:prpperty-owp.(orhaye;anyownershipinterestin)any abutting property?.14 es,,please list those tax map anciparcel numbers No -tristoiy: csi Special permits,SP-03-91 ZMA's&PrOffers'. Variances: C9120 Letter,of Authorization Concurrent review of SiteDevelopment Plan:7 DES Elltb 7)z1yr\--1 "--ig" FOR L'Srg ONLY .71.1ii0#t" pee.AiTiountv 0 ate po.d. Y6440., Q4Mteil3t4-1.023D ckeh20 . By:Mkt -.9Ertatmi E. 4; ?, County of Albentarle.Departinentof Community Development 401.114cIntire goad Charlottesville,.VA 2/902 Voice: (434)2-96-5832 Fax: (434).,97274126 U LuG6 5/1/06 Page 1 of 4 .COEINUMTY DEVELIPMENT S 1 G-ki Section 31.24.1 of the Alben, County Zoning Ordinance states that; board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. 'Special-use-permits for uses as provided in this Ordinatictinay be iSsittedttp.Ott a:finding by the board.of superiors that such use will not be of Stibstantial,detriment to adjacent property,that the,character of the.district will not be changed thereby and that such use.will be in harmony with the purpose and intent of this ordinance', with the uses-permitted'by right inthe.disttict,with additional regulations provided in section 5.0 of this ordinance,and with,thepiblic health,safety and.general welfare:" The items that follow will be reviewed by the staff in their analysis of your request. Please complete this form and:provideadditional information which will assist the County in*review of you request If you • need assistance filling.ant these items,,staffis..available:, How will the'proposed special use affect adjacent Prolfie.rtY? Kappa Sigma International Headquarters will be a meeting place and office for operations for the headquarters of an international fraternity organization.The configuration of the site will minimize the impacts to adjacent properties. How.wilt the.proposed special use affect the character'ofthe.distritt(Osurrounding the'property? The headquarters will be an asset to the surrounding area. How-isthe use in harmony with the,purpose andintent of the Zoning•Ordinance?- The additional uses include recreation areas and future picnic pavilions. How is the use in harmony with th,c uses permitted by right in the:district? This minor modification does not change the proposed use of the site. 'What additional regulationsprOvidain5e0iOn 5.ClOfthe Zoning'Qrstinance apP13i.to thiS'USe? How will this use promote the public health,.safety,And.general welfare of the community? 5/1/0 Page 2 of 4 • Describe your request in detail an. ' _ lode,all pertinent informationrsoxch.as,tt, :4unber of persons involved in the use, operating hours,and•any-unique:i'eatures of the use: This request is a modification to the existing Special Use Permit.This request reconfigures the grass stabilized parking and identifies future improvements to the site including picnic pavilions,a maintenance building and recreational areas. • ATTACHMENTS REQUIRED°—provide;two:(2)copies of each $I 1. Recorded plat or recorded:boundary-surveY:of the property requested forte permit. If there is no recorded plat or boundary.survey,please providelegal description:of the property and the Deed Book and page.number'or Plat.Book and-page number. X1 2. Ownership information—If ownership of the property is in the name of any type of legal entity or organization including,but not limited to,the name of a corporation; partnership or association, or in the name of:atrust, or.in afictitious name, a.document acceptableto.the County must be submitted certifying that the:person signing below has the.authority to dose. If the applicant is a contract purchaser;,a document acceptable to•the:County must be submitted 'containingthe owner's written consent to:the application. If the applicant is=the agent of the,owriet,a docutnentecceptable.to:the Countyniust be submitted that is evidence of the existence:and scope of the.agency. OPTIONAL:ATTACHMENTS: 3. Provide 16:copies of any drawings or eonce_ptual plans. Cl 4. Additional Information,if any. (1.6 copies) Owner/Applicant Must.Read.and Sign I hereby certify that I own the subjectproperty,or have the legal power to.act on behalf of the owner in filing this application. I also certify that the information provided,on this.application and.accompanying information is accurate,true, and correct to the best of my knowledge.. rife 4i/T4aVi 614ed' _ S /cL‘/ Signature.of Owner,Contract Purchaser Date / 7, d,(/ e. 2/j -o r- _ Lt3q-•2-f 5--,3/F3 Print Nanie Daytirriephone:niutiber of Signatory 5/1/06 Page 4 of 4 FEES LI Rural area division for the purpose of"family division" where all original 1980 development rights have been exhausted under "family division"-as defined under section 14,-1005.(i the subdivision ordinance=$220 • Rural area diviSiOr $1,240. • CommercialUse=$980 CI Industrial use—$1,020 • Pnv ate:'club/recreational'facility. $10. LI Mobile:home park or subdiVision—49q0. D. Ptiblic'utilities- O Grade/fill the flood plain=;$870.' la Minor amendment to valid special use permitor a special.usepermit to allow minor expansion.of anon-conforming use=$110 U. Extending specialusepermits=$70. O Home Occupation-Class R-1440' LI For day care centers.-OiX.(6)-to nine(9)children=$po O For day care centers.-ten(10)or more Children.=$980 O All other uses except signs=$980 5/1/0&Page 4'of 4 JUN-05-2006 08:14 DRAPER_ADEN ,°(342648773 P.001 Draper Aden Associates E.ginccrins•Survcyigt -F,nvironmonml Services www.daa,com lax a &It ittral Date: June 5,2006 To: Anna Kilmer Company: Albemarle County Fax: 434-972-4126 From: Lance J.Koth,P.E. Project Number: R03456-08C Number of Pages(including cover): 6 4% Remarks: COMPREHENSIVE Anna, ENGINEERING SERVICES These are receipts from taxes paid for the Kappa Sigma Special Use Permit,(Tax parcels 91-16&91-16D). Water and Wastewater Solid Waste Management Services Please do not hesitate to contact me at 237-1803 if you have any questions, comments or if you need any additional Environmental Services information. Stormwater Management Site Planning Thanks, and Engineering • Geotechnical and Lance Construction Services Structural Engineering Surveying Transportation Services Subsurface Utility Engineering • ( Lance J.Kolh,P,B. / LKoll•QDAA.con) / phone(804)264-2228 / fax(804)264.8773 I Docuincnt2 8090 Villa Park Drive•Richmond,VA•23228•(804)264-2228•Fax (804)264-8773 Blacksburg•Charlogesvillc•Hamptor Roads•Rslcigh JUN-05-2006 08:14 Dlitr—' D ADEN 8042648773 P.002 All, L, LO H 1,1,7171 ,err °)lUMM Nj ,�Z'd. V V • LauDlishod 'L069 Fax(434)296-9557•Telephone(434)295--3193 FAX ____ TO: (.://KCP. FAX NUMBER: V ' "It �- q3PHOh1E. _ FROM: ." hczC -e¢- DATE SENT: e.PiPtere NO OF PAGES I11 (Including Cover If you do not receive all of the pages,please call and ask Cor a//,‘„, Our FAX numbers are 434/296-9557 and 434/296-5733 (EF) RE: �.,� — �Q c — fej e-DE �" a � MESSAGE: CONFIDENTIALITY NOTICE Unless otherwise indicated,the information in this transmittal is confidential and intended only for the recipient listed above If you are neither the Intended recipient nor a person responsible for de it'ering this transmittal tv the intended recipient, you are hereby notified that any distribution or copying of th c bansmittallsprobib ftt if you received this transmittal&error, please immediately notify us and return the transmittal to us at our expense PO Box 5066• Chariottesvllle,VA 22905-5066•Ctflce(434) 295-3193 •Fax(434)296-9557 www,kappaslunta.org JUN-02-2006 14:37 434 2S6 95E7 98'/, P.001 JUN-05-2006 09:14 DPa°DVP ADEN 8042648773 P.003 JO, [, 1006 1,19111 nA i!GMA ND OZD J 1 CUSTOMER COPYCOUNTY OF ALBEMARLE TAX RECE X PT DEPARTMENT OF FINANCE - (434)296-5851 BILL NUMBER. PARCEL NUMBER DESC TAX PENALTY INTEREST TOTAL DUE AMODNTl' PAID RALAMCE D)E RE 2005-2-37020 09100-00-00..01600 // 8,16 0.82 0.45 9.43 9.43 0.00 RE 2006-1-00392 09100-00-00-01600 // 1,141.82 0.00 0.00 1.,141.82 1,141.82 0.00 RE 2006-2-00392 09100-00-00-01600 // 0.00 0.0Q 0.00 1,141.82 0.00 1,141.82 TOTALS 1,149.98 0.82 0.45 3,293.07 1,151,25 1.,141.82 • ALBEMARLE CARTER MOUNTAINS TRUST DATE PAID : 06/02/2006 C/O ADVANCE CORPORATE SERVICE INC 2213 CONCORD ICE CONTROL # : 00-FC1-20060602-085309 WxuauGTON DE 19A03 JUN-02-2006 14:37 434 296 9557 98% P.002 JUN-05-2006 08:14 DR7772 ADEN " 6042646773 P.004 JUn C. ttUo Z ZUVM (A SIGMA N0.520; • CUSTOMER COPYCOUNTY 'OF ALBEMARLE TAX RECEIPT DEPARTMENT OF FINANCE - (434)296-5851 BILL NUMBER PARCEL NUMBER .DESC TAX PENALTY INTEREST TOTAL DUE AMOUNT PAID BALANCE DUE 1 1 • RE 2005-2-37020, 09100-00-00-01600 // 1,01.9.48 101.95 56.07 1,186„92 1,177.50 I RE 2006-1-00392 09100-00-00-01600 // 0.00 0_00 0.00 1,141,82 0.00 1,1.41.82 6/ RE 2006-2-00392 09100-00-00-01600 // 0.00 0.00 0.00 1,141.82 0.00 1,141.82 1 • TOTALS i 1, 019.48 101.95 56.07 3,470.56 1,177.50 2,293.06 1 1 ALBEMARLE CARTER MOUNTAINS TRUST :)ATE PAID ; 06/02/2006 C/O ADVANCE CORPORATE SERVICE INC 2213 CONCORD PIKE CONTROL # : 00-769-20060602-162525 WILMINGTON DE JUN-0?_-2flfl 1 a:37 AAA 00C =P7 clay p nm JUN-05-2006 08:14 D17--33 ADEN 8042648773 P.005 JUJI . L . L•JUO L•Lyf'vl , JIUMA • No. 526; P. 4 • • • CUSTOMERCOPYCOUNTY OF ALBEMARLE TAX RECEIPT DEPARTMENT OF FINANCE - (434)296-5851 BILL NUMBER PARCEL NUMBER DESC TAX PENALTY INTEREST TOTAL DUE AMOUNT PAxD BALANCE DUE • RE 2006-1-00391 09100-00-00-016D0 // 407„96 0.00 0„00 407.96 407.96 0.00 RE 2006-2-00391 09100-00-00-016D0 // 0.00 0.00 ' 0.00 434.38 - 0.00 434.38 TOTALS 40.7.96 0.00 0.00 842.34 407.96 434.38 ALBEMARLE CARTER MOUNTAIN'S TRUST; DATE PAID : 06/02/2006 ALB. CARTER MTS MONT Co LLC TRS 2213 CONCORD PIXE CO1TROL # 00-FC1-20060602-085347 WZLMINoTON DE JUN-02-2006 14:37 . 434 296 9667 98x P.004 JUN-05-2006 08:14 DR1,R7R, ADEN 8042648773 P.006 Jun.. 2. 2006 2.29PM KAr 3IGMA r No -'::, . • CUSTOMERCOPY' COUNTY OF ALBEMARLE TAX RECEIPT DEPARTMENT OF FINANCE - (A34)296-5851 BILL NUMBER PARCEL NUMBER DE:C TAX PENALTY INTEREST TOTAL DUE AMOUNT PAID BALANCE DUE ' I RE 2005-2-06201 09100-00-00-016D0 // 390_94 39.09 21.50 451.53 451.52 0.00 I; RE 2006-1-00391 09100-00-00-016D0 . // /' \ 26.42 0.00 0.00 434.36 26.42 { 407.96 ` `` RE 2006-2-00391 09100-0o-00-016D0 // -- 0.00 0.00 0.00 434.38 0.00 434.38 TOTALS 417.36 39.09 21.50 1,320.29 477.95 842-34 ALBEMARLE CARTER MOUNTAINS TRUST; DAZE PAID : 06/02/2006 ALB. CARTER MTS MGMT CO LLC TRS 2213 CONCORD PIKE CONTROL $ : 00-F69-20060602-162426 WILMINGTON DE JUN-02-2006 14:37 434 296 9557 98% P.006 TOTAL P.006 15 : 58 : 46 Tue May 30, 2006 - F FUNCTION H=PRINT BILL X=PRIOR SCREEN 05/30/06 16:00:20 INQUIRE ACCOUNTS RECEIVABLE SYSTEM T57D ARS004 REAL ESTATE ARSINQO1 PENALTY AND INTEREST DATE: 5/30/2006 UNPAID TAXES FOR PARCEL #: 09100 - 00 - 00 - 016D0 NAME: ALBEMARLE CARTER MOUNTAIN HIGHLIGHTED PARCELS ARE UNDER LAND USE S BILL NO PARCEL NUMBER TAX PENALTY INTEREST TOTAL DUE 2005206201 091000000016D0 390.94 139PQT9PV,' 17k92 .:fr 447.95 2006100391 091000000016D0 434.38 0.00 0.00 434.38 2006200391 091000000016D0 434.38 0.00 0.00 434.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TO INQUIRE, MOVE CURSOR TO BILL NO LINE GRAND TOTAL: 1,316.71 HELP = "Fl" OR PUT CURSOR AT BOTTOM 15 : 58 : 27 Tue May 30, 2006 F FUNCTION H=PRINT BILL X=PRIOR SCREEN 05/30/06 15:59:59 INQUIRE ACCOUNTS RECEIVABLE SYSTEM T57D ARS004 REAL ESTATE ARSINQO1 PENALTY AND INTEREST DATE: 5/30/2006 0 UNPAID TAXES FOR PARCEL it: 09100 - 00 - 00 - 01600 ✓ 1/9 NAME: ALBEMARLE CARTER MOUNTAIN HIGHLIGHTED PARCELS ARE UNDER LAND USE S BILL NO PARCEL NUMBER TAX PENALTY INTEREST TOTAL DUE 2005237020 09100000001600 1,027.64 Arl5iLg (:,,24a7'NI0 > 1,177.50 2006100392 09100000001600 1,141..82 0.00 0.00 1,141.82 2006200392 09100000001600 1,141.82 0.00 0.00 1,141.82 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -------------- TO INQUIRE, MOVE CURSOR TO BILL NO LINE GRAND TOTAL: 3,461.14 HELP = "Fl" OR PUT CURSOR AT BOTTOM l 08:39:27 Mon Jun 05, 2006 $i) F FUNCTION H=PRINT BILL X=PRIOR SCREEN 06/05/06 08 :40:59 INQUIRE ACCOUNTS RECEIVABLE SYSTEM T575 ARS004 REAL ESTATE ARSINQ01 PENALTY AND INTEREST DATE: 6/05/2006 UNPAID TAXES FOR PARCEL #: 09100 - 00 - 00 - 01600 NAME: ALBEMARLE CARTER MOUNTAIN HIGHLIGHTED PARCELS ARE UNDER LAND USE S BILL NO PARCEL NUMBER TAX PENALTY INTEREST TOTAL DUE 2006200392 09100000001600 1,141.82 0.00 0.00 1,141.82 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0Q 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TO INQUIRE, MOVE CURSOR TO BILL NO LINE GRAND TOTAL: 1,141.82 HELP = "Fl" OR PUT CURSOR AT BOTTOM 08:40:05 Mon 'Jun 05, 2006 F l F FUNCTION , H=PRINT BILL X=PRIOR SCREEN 06/05/06 08:41:27 INQUIRE ACCOUNTS RECEIVABLE SYSTEM T575 ARS004 REAL ESTATE ARSINQ01 PENALTY AND INTEREST DATE: 6/05/2006 UNPAID TAXES FOR PARCEL #: 09100 - 00 - 00 - 016D0 NAME: ALBEMARLE CARTER MOUNTAIN HIGHLIGHTED PARCELS ARE UNDER LAND USE S BILL NO PARCEL NUMBER TAX PENALTY INTEREST TOTAL DUE 2006200391 091000000016D0 434.38 0.00 0.00 434.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 TO INQUIRE, MOVE CURSOR TO BILL NO LINE GRAND TOTAL: 434.38 HELP = "Fl" OR PUT CURSOR AT BOTTOM SPIN Kross TMP Query Report TMP#: 09100000001600 File Recorded Completed Project Name - Condition Final Action S P2003091 12/22/2003 5/12/2004 Kappa Sigma International Memorial Headquarters approved with 1.0The site shall be developed in general conditions accord with the plans,entitled Kappa Sigma Fraternity Headquarters,dated April 2,2004; 2.0Lighting of the site shall be limited as follows: a.❑Light levels at the property line shall be no greater than 0.001 foot candles; b.❑No flood lighting of the building is permitted; c.❑Only the parking lot north of the building shall be allowed pole lights; d.❑Utilize bollard type lights in place of pole lights whenever possible. Use only full cutoff fixtures;and e.❑Site and building illumination shall be limited to the satisfaction of the ARB. 3.0❑Final site plans shall show a 1)/ reservation,or provide a note,for future vehicular and pedestrian connections to adjacent parcels to the north and south; 4.0❑Final site plans shall show a pedestrian connection from the future pedestrian/bike pathway on Route 20 into the site; 5.00A right turn and taper shall be constructed at the entrance in Route 20 to the satisfaction of VDOT; 6.0Landscaping shall be provided to limit the impact of the storm water area on the Entrance Corridor to the satisfaction of the ARB;and 7.0The Applicant shall construct public water service to the site via extension of the existing Albemarle County Service Authority water line located on the west side of Route 20 and public sewer service via extension of the existing Albemarle County Service Authority sewer line located along Route 20 ( ,i and the Cow Branch Creek,generally as provided in the report entitled, Preliminary Engineering Report Water and Sewer Facilities for kappa Sigma Headquarters by Draper Aden Associates,dated March 30, 2004. V A2004016 9/7/2004 10/5/2004 Kappa Sigma International Headquarters approved with conditions Thursday,June 01,2006 Page 1 of 1 SPIN Kross TMP Query Report TMP#: 091000000016D0 File Recorded Completed Project Name Condition Final Action SUB0000339 Fernsworth,Isabel D. Thursday,June 01,2006 Page 1 of 1 Parcel Activity Report Tax Map Parcel 09100-00-00-01600 Planning Applications Application Number Type Date Received Project Name: ARB200400018 Architectural Review Board 02/20/2004 Kappa Sigma Memorial Internati Status: Status Date: Approved 10/12/2004 ARB200400091 Architectural Review Board 07/26/2004 Kappa Sigma Memorial Internati Status: Status Date: Approved 10/12/2004 SDP200400048 Site Development Plans 05/24/2004 Kappa Sigma Memorial Internati Status: Status Date: Under Review 08/17/2004. SDP200400072 Site Development Plans 08/18/2004 Kappa Sigma Memorial Internati Status: Status Date: Void 08/19/2004 SP200600021 Special Use Permit 05/30/2006 Kappa Sigma International Headquaters Status: _ Status Date: Under Review 05/30/2006 SUB200500037 Subdivision Plat 02/07/2005 KAPPA SIGMA INTRENATIONAL-HE Status: Status Date: 111°. Ready To Be Signed 03/17/2005 r VA200400016 Variance 09/07/2004 Status: Status Date: Approved 10/05/2004 rWP0200400050 Water Protection Ordinances Kappa Sigma Memorial Internati Status: Status Date: Under Review 05/24/2004 Page: 1 County of Albemarle Printed By: akilmer Printed On: 06/01/2006 II - ".�_ - Parcel Activity Report WP0200400051 Water Protection Ordinances Kappa Sigma Memorial Internati Status: Status Date; Under Review 05/24/2004 WP0200500001 Water Protection Ordinances 01/07/2005 KAPPA SIGMA INTRENATIONAL-HE Status: Status Date: Under Review 01/07/2005 r' Page: 2 County of Albemarle Printed By: akilmer Printed On: 06/01/2006 Parcel Activity Report Tax Map Parcel 09100-00-00-016D0 Planning Applications Application Number Type Date Received Project Name: OTH200600117 Other 05/30/2006 Kappa Sigma International Headquaters Status: Status Date: - Under Review 05/30/2006 - lJ Page: 1 County of Albemarle Printed By: akilmer Printed On: 06/01/2006 Jun ; 1 . 2006 11 : 39AM KAPPA SIGMA F No . 5237 P . 1 _KAPPAriSIGMA FBATEkNITY . s Ebais red 1E32 Fax(434) 296-9557 •Telephone(434) 295-319.3 FAX TO: - 9/v/{/f / /L, "1/ CR_ FAX NUMBER: / 7a — y-7Z 6 PHONE: FROM: i ll/f ZSD Jl/ • DATE SENT: t/7/G . NO OF PAGES (Including cover sheet) If you do not receive all of the pages,please call and ask for • Our FAX numbers are 434/296-9557 and 434/296-5733 ,(EF) RE: A/ 4eiti,9 xi e e,F R /iaC{/i/-7,9 p/vs %/4GCS% MESSAGE: • • CONFIDENTIALITY NOTICE Unless otherwise indicated,the information in this transmittal is confidential and intended only for the recipient listed above,If you are neither the intended recipient nor a person responsible for delivering this transmittal to the intended recipient,, you are hereby notified that any distribution or copying of this transmittai is prohibited,Iffyou received this transmittal in error, please immediately notify us and return the transmittal to us at our expense, PO Box 5066 • Charlottesville,VA 2.2905-5066 • Office(434) 295-3193 • Fax(434) 296-9557 www.kappasigma.org �!.un ; 1 . 2006 11 : 39AM KAPPA_-IGMA No 5231 P . 2 Albemarle Carter Mountains Trust Albemarle Carter Mountains Management Co., LLC, Trustee 2213 Concord Pike Wilmington, Delaware 19803 February 24, 2005 VIA FACSIMILE: 434/972-4035 Pam Shiff1ett Management Analyst Albemarle County Office Building 401 McIntire Road Charlottesville, VA 22902 RE: Albemarle Carter Mountains Trust Dear Ms. Shifflett: I am the corporate Secretary of Albemarle Carter Mountains Management Co., LLC, Trustee of the Albemarle Carter Mountains Trust, a Delaware Statutory Trust (the "Trust") and owner of certain real property in Albemarle County, Virginia (the "Property"). This is to confirm that Mitchell B. Wilson is duly authorized to act on behalf of the Trust to do any and all things necessary, to execute all necessary documents as required and any and all bonds and other necessary transactions related to the property. Should you have any further questions, please contact .me at 850/897-7206. Yours truly, Ronald J. Webb Secretary Albemarle Carter Mountains Management Co., LLC, Trustee of Albemarle Carter Mountains Trust RJW:ksm J,.u,) ; 1 . 2006-11 : 39AM KAPPA_ IGMA N� No . 5237 P . 3 r •iI Albemarle Carter Mountains Trust I Albemarle Carter Mountains Management Co., LLC, Trustee ! I 2213 Concord Pike _ Wilmington, Delaware 19803 il ISeptember 10, 2004 Via Facsimile: 434/972-4126 • i Jan Sprinkle 3 Chief of Zoning Albemarle County Zoning and Current Development i 401 McIntire Road . Charlottesville, VA 22902 • 'I RE: Albemarle,Carter Mountains Trust 1 VA 2004-016 Dear Ms. Sprinkle: I 1•I I am the corporate secretary of Albemarle Carter Mountains Management Co.; LLC, trustee of the Albemarle Carter Mountains Trust, a Delaware Statutory Trust (the "Trust") and owner Of certain real property in Albemarle County, Virginia1 This is to confirm that Mitchell B. Wilson is duly authorized to act , (the 'Property"). to execute all necessary on behalf of the Trust to do any and all things necessary, 1. documents and to empower third parties to execute necessary documents as required to effect application for among other things, zoning variances related to the Property. This power includes the authority of Mr. Wilson to authorize personnel of the architectural firm of Glave & Holmes Associates of Richmond, Virginia, including, without limitation, Lori Garrett, to execute any specific or general Application for Zoning Variance related to the Property. ' Should you have any further questions, please contact me at (850) 897- 7206. Yours truly, ..„...„..cs;2"1<ii44,,. , Ronald J. Webb Secretary, Albemarle Carter Mountains Management Co., LLC Trustee of Albemarle Carter Mountains Trust r t SeP. 1U• 2UU4 911AM No •9898 P . 1/1 Albemarle Carter Mountains Trust Albemarle Carter Mountains Management Co., LLC, Trustee 2213 Concord Pike Wilmington, Delaware 19803 September 10, 2004 Via Facsimile: 434/972-4126 Jan Sprinkle Chief of Zoning Albemarle County Zoning and Current Development 401 McIntire Road Charlottesville, VA 22902 RE: Albemarle Carter Mountains Trust VA 2004-016 Dear Ms. Sprinkle: I am the corporate secretary of Albemarle Carter Mountains Management Co., LLC, trustee of the Albemarle Carter Mountains Trust, a Delaware Statutory Trust (the "Trust") and owner of certain real property in Albemarle County, Virginia (the "Property"). This is to confirm that Mitchell B. Wilson is duly authorized to act on behalf of the Trust to do any and all things necessary, to execute all necessary documents and to empower third parties to execute necessary documents as required to effect application for among other things, zoning variances related to the Property. This power includes the authority of Mr. Wilson to authorize personnel of the architectural firm of Gave & Holmes Associates of Richmond, Virginia, including, without limitation, LorLGarrett, to execute any specific or general Application for Zoning Variance related to the Property. Should you have any further questions, please contact me at (850) 897- 7206. Yours truly, Ronald 3. Webb Secretary, Albemarle Carter Mountains Management Co., LLC Trustee of Albemarle Carter Mountains Trust . d oeP. ii . LUU4 L . 6LvM • NO . nLI 1-' . 1/ 10 ' Established 1869 Fax(434) 296-9557 •Telephone(434)295-3193 FAX TO: ACKY1 AA11-kik SL FAX NUMBER: -41 ao_ PHONE: FROM: !nn'c UJat/QA).- DATE SENT; Q 1131 D 4 NO OF PAGES t • (Including cover sheet) • If you do not receive all of the pages,please call and ask for Our FAX numbers are 434/296-9557 and 434/296-5733 (EF) RE: MESSAGE: W 7_ECE1VED COMMUNITY®E'VELdPMENT — CONFIDENTIALITY NOTICE Unless otherwise indicated,the information in this transmittal is confidential and intended only for the recipient listed above.''fyou are neither the Intended recipient nora person responsible for delivering this transmittal to the intended recipient, you are hereby notified that any distribution or copying of this transmittal Is prohibited.If you received this transmittal in error, please Immediately notify us and return the transmittal to us at'our expense, PO Box 5.066 • Charlottesville,VA 22905-5066 s Office(434) 295-3193 • FaX(434)296-9557 www.kappasigma.org OUP . 10 . Luu4 c . JLrIVI I1O . 0yLI r . UIO Albemarle Carter Mountains Trust Albemarle Carter Mountains Management Co., LLC, Trustee 2213 Concord Pike Wilmington, Delaware 19803 September 13, 2004 Via Facsimile: 434/972-4126 Jan Sprinkle Chief of Zoning Albemarle County Zoning and Current Development 401 McIntire Road Charlottesville, VA 22902 RE: Albemarle Carter Mountains Trust VA 2004-016 Dear Ms. Sprinkle: When you returned from your trip you should have received the letter from Kappa Sigma Fraternity and the Albemarle Carter Mountains Management Co., LLC providing permission for Lori Garrett to be allowed to file the zoning variance for Kappa Sigma Fraternity given by Ronald J. Webb, Secretary. John Shepherd reviewed the document Friday and said these operational documents might be helpful in support of the petition. Please let me know if you need any further information. Sincerely, Mitchell B. Wilson Executive Director MBW:ksm J8P 1 LUU4 L . dLVNI IVO �yL l N . 6/ I b Albemarle Carter Mountains Management Co.,LLC A Delaware Limited Liability Company Written.Consent of the Sole Member The undersigned being the authorized officer of Kappa Sigma Fraternity, a unincorporated association domiciled in the Commonwealth of Virginia (the "Eraternity"), being the sole member of the Albemarle Carter Mountain Management, Co., LLC (the "Company") acting pursuant to Sections 18-101(10) and 18-401 of the Delaware Limited Liability Company Act (6 Del. Code §§ 18-101(10); 18-401),does hereby take the following actions: WHEREAS, pursuant to Article VI, Section 6.1 of the Operating Agreement of the Company dated March 27, 2004, (the "Operating Agreement'), the managers of the Company shall be the elected leadership of the Member of the Company; and WHEREAS, pursuant to the Operating Agreement of the Company, the.Fraternity is the sole member of the Company(the"Member"); NOW, THEREFORE, BE IT RESOLVED, the Member hereby confirms that the following individuals are the Managers of the Company by virtue of their position as the elected leadership of the Fraternity Kevin S, Kaplan Donal L, McClamrocli,Jr. H.Philip Bell,IV Ronald J. Webb Jeffrey A, Crow,Jr. BE IT FURTHER RESOLVED,that the Member hereby duly appoints and qualifies the following individuals,Managers of the Company, of corporate officers of the Company Name Office Kevin S. Kaplan President Ronald J. Webb Secretary Jeffrey A. Crow,Jr Treasurer IN WITNESS WHEREOF, the undersigned, being the authorized officer of the sole Member of the Company has taken this action as of this 27th day of March,2004. Sole Member KAPPA SIGMA RNITY . 3 Y: Kevin S.Kaplan, orthy Grand Master Received Time Sep . 13. 11 : 32AM i ' JeP . Id • LUU4 L :ddVM • ( NO .bUI F . 4/ I0 ' ALBEMARLE CARTER MOUNTAINS MANAGEMENT CO.,LLC OPERATING AGREEMENT RSTLID0124700.1 N JUN . I3 . 4UU4 4 .331'1A / NO .d iLI • F . ' LIMITED LIABILITY COMPANY OPERATING AGREEMENT This Limited Liability Company Operating Agreement of,ALBEMARLE CARTER MOUNTAINS MANAGEMENT CO.,LLC (the"Company"), (the "Agreement"), is entered into by and between the Company and,KAPPA SIGMA FRATERNITY, an unincorporated association domiciled in the Commonwealth of Virginia(the"Member") as of March 27,2004 (the"Effective Date"). RECITALS: WHEREAS,Adam S. Apatoff, acting as Founding Member of the Company,caused the required Certificate of Formation to be filed with the Secretary of State of the State of Delaware on March 15,2004; and WHEREAS,upon filing of the Certificate of Formation the Company is a duly organized and existing limited liability company under the Delaware Limited Liability Company Act, 6 Del. Code §18-101 et seq.,as amended(the"Act"),the Member desires to ratify the formation of the Company and to set forth the terms of governance for the Company on the terms provided in this Agreement; NOW,THEREFORE, in consideration of the foregoing and the mutual promises contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged and deemed to be legally binding,the Members and the Company hereby agree as follows: ARTICLE I Name; Place of Business; Ratification of Formation Section 1.1. Name; Place of Business.The name of the Company is Albemarle Carter Mountains Management Co.,LLC. The business of the Company shall be conducted under such name or such other names as may from time to time be established by the Manager. The principal business office of the Company will be located at 2213 Concord Pike,Wilmington, Delaware 19803 or at such other location as may hereafter be determined by the Manager. Section 1.2 Ratification of Formation. The Member, by execution of this Agreement, RSTL11301 24700.1 se1 . 1d. LUU4 [ ddNM ( No . b9Zl P . b/lb hereby ratifies the formation of the Company as a limited liability company under and pursuant to the Act,and further accept the assignment of all interests in the Company held by the Founding Member,now and forever completely,totally and irrevocably releasing the Founding Member from any and all liability of any nature whatsoever related to or arising from the Founding Member's actions to form the Company. ARTICLE II Purpose,Business,and Term of Compajiy Section 2.1 Purpose and Business of the Company. The purpose of the Company is to act as Trustee of the Albemarle Carter Mountains Trust,a Delaware statutory trust(the "Trust"), and shall include the doing of any and all things incident thereto or connected therewith, including without limitation acting at all times in accordance with the duties of the Trustee under any applicable governing instrument of the Trust(the"Trust Agreement"). The Company may engage in any and all businesses and activities that are permitted by the Act and which do not conflict with the Trust Agreement. Section 2.2 Term of the Company. The term of the Company shall commence on the date the Certificate of Formation of the Company is filed with the Delaware Secretary of State in accordance with the provisions of the Act and shall continue perpetual existence unless and until the earlier of the dissolution and termination of the Company pursuant to this Agreement, any action by the Member to dissolve and terminate the Company in accordance with the Act or this Agreement, or the date set forth on the Certificate of Formation of the Company. Section 2.3 Applicable Law. Regardless of the place where this Agreement may be executed by the party hereto,this Agreement,the rights and obligations of the party hereto,and any claims and disputes relating thereto, shall be subject to and governed by the Act and the other laws of the State of Delaware,and such laws shall govern the limited liability company aspects of this Agreement. Any action or proceeding seeking to enforce any provision of,or based on any right arising out of this Agreement, including without limitation, any disputes regarding seeking injunctive relief,declaratory judgment or other equitable or legal remedy or relief,regardless of wherever or whenever any such dispute shall arise, shall be subject to the exclusive venue and jurisdiction of the Court of Chancery in and for the County of New Castle, R$z►.wol 24700.1 JUN IJ • LUU4 L • JJI'IYI , IVU . OdLI V . !/ 10 Delaware. ARTICLE HI Capital Contributions Section 3.1 Capital Contributions by Members;Interest. The Member shall make a capital contribution to the capital of the Company in the amount of cash, or of the property in- kind,or both,set forth on the Schedule of Capital Contributions attached hereto. Upon such Capital Contribution,the entire interest(voting, equitable,economic or otherwise)in the Company shall be vested in the Member and the Member shall be the sole owner and member of the Company. Section 3.2 Additional Capital Contributions; Additional Units. No additional contributions to the Company beyond those provided for in the Schedule of Capital Contribution shall be required of the Member. Notwithstanding the generality of the foregoing, the Member may, it its sole and absolute discretion make any additional capital contributions as required or necessary from time-to-time for the operation of the business of the Company. ARTICLE IV Capital Accounts Section 4.1 Capital Accounts. A Capital Account shall be maintained for the Member, and it shall be determined and maintained in accordance with the provisions of this Article and the provisions of Section 1.704-1(b)(2)(iy) of the regulations promulgated under the Internal revenue Code of 1986 (as amended) (the"Code")(the"Regulations"),the Regulations controlling in the event of a conflict between the two provisions. Section 4.2 (a)Increases to Capital Accounts. The Capital Account of the Member shall be increased by: (1) the fair market value of such Member's initial capital contribution; (ii) the fair market value of any additional capital contributions made by such Member; (iii) such Member's share of Company income and gain(including income and RSJLThQ124700.1 ' 'JeP . I6 . LUU4 L ; 66VM NO . MI I' . d/ I0 ' ' • gain exempt from income taxation)computed in accordance with Section 4.3 and allocated to such Member pursuant to Article V of this Agreement; and (iv) the amount of any Company liabilities that are assumed by such Member. The fair market value of property contributed to the Company by the Member shall be decreased by any liabilities secured by the contributed property which liabilities are assumed by the Company and increased by such Member's share of such assumed liabilities. The Member's share of such liabilities shall be determined in the same manner as such Member's share of Company profits and Company losses is determined. (b)Decreases in Canital Accounts. The Capital Account of the Member shall be decreased by: (i) the amount of cash and the fair market value of any property distributed to such Member pursuant to any provision of this Agreement; (ii) such Member's distributive share of Company deduction and loss computed in accordance with Section 4.3 and allocated to such Member pursuant to Article V of this Agreement; (iii) the amount of any liabilities of such Member that are assumed by the Company; and (iv) the Member's share of all expenses characterized as non-deductible,non- amortizable syndication expenses under Regulation section 1.709-2(b). The fair market value of property distributed by the Company to the Member shall be decreased by any liabilities secured by the distributed property which liabilities are assumed by such Member and increased by such Member's share of such assumed liabilities. The Member's share of such liabilities and syndication expenses shall be determined in the same manner as such Member's share of Company profits and Company losses is determined. Section 4.3 Profit and Loss. For purposes of computing the amount of any item of income, gain, loss,or deduction to be reflected in the Member's Capital Account, unless otherwise specified in this Agreement,the determination,recognition, and classification of any such item shall be the same as its determination,recognition,and classification for federal income tax purposes determined in accordance with Section 703(a)of the Code (for this purpose S _1M 24700.1 JOP . 16 . LUU4 L : 66VM NO . 6R1 N . y/Ib ' ' • all items of income, gain, loss,or deduction required to be stated separately pursuant to Section 703(a)(1) of the Code shall be included in taxable income or loss),with the following adjustments: (a) Except as otherwise provided in Regulations Section 1.704-1(b)(2)(iv)(m), the computation of all items of income, gain, loss and deduction shall be made without regard to any election under Section 754 of the Code which may be made by the Company;provided that the amounts of any adjustments to the adjusted bases of the assets of the Company made pursuant to Section 734 of the Code as a result of the distribution of property by the Company to the Member(to the extent that such adjustments have not previously been reflected in the Member's Capital Account) shall be reflected in the Capital Account of the Member in the manner and subject to the limitations prescribed in Regulations Section 1.704-1(b)(2)(iv)(m). (b) The computation of all items of income,gain, loss and deduction shall be made without regard to the fact that items described in Sections 705(a)(1)(B)or 705 (a)(2)(B)of the Code are not includable in gross income or are neither currently deductible nor capitalized for federal income tax purposes. (c) Any items specifically allocated under Section 5.2 hereof shall not be taken into account as gain or loss from the disposition of such asset. ARTICLE V Allocation of Revenues and Expenses; Tax Matters:Distributions Section 5.1 Allocations of Revenues and Expenses. The Capital Account for the Member shall be maintained in accordance with the Regulations. All Company revenues and expenses,and all items of income, gain, loss and deduction comprising such revenues and expenses, shall be allocated in accordance with the Regulations so that such allocations comport with the economic interest of the Member in the Company. Section 5.2 Special Allocation Rules. Despite any other provision of this Agreement, the following special allocations shall be made in the following order: (a) Minimum Gain Chargeback. Despite any other provisions of this Article, if there is a net decrease in partnership minimum gain during any partnership year,the Member shall be specially allocated items of Company income and gain for such year(and, if (i$TW07 74700,1 OUP . 13 . CUU4 33rm No . dRI F . IU/10 necessary, subsequent years) in an amount equal to such Member's share of the net decrease in partnership minimum gain, as determined under Regulations Section 1.704-2(g).Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to the Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Section 1.704-1(g)(6). This Section 5.2(a)is intended to comply with the minimum gain chargeback requirements in Regulations Section 1.704-2(f)and for purposes of this Section 5.2(a),only,the Member's adjusted capital account deficit shall be determined prior to any other allocations pursuant to Section 5.1 of the Agreement with respect to such fiscal year and without regard to any decrease in Member minimum gain during such •• fiscal year. (b) Member Minimum Gain Chargeback. Despite any other provision of this Article(except Section 5.2(a)hereof), if there is a net decrease in Member minimum gain attributable to the Member nonrecourse debt during any Company fiscal year,the Member who has a share of the Member minimum gain attributable to such Member nonrecourse debt, determined in accordance with Regulations Section 1.704-2(i)(5), shall be specially allocated items of Company income and gain for such year(and, if necessary,subsequent years) in an amount equal to such Member's share of the net decrease in Member minimum gain attributable to such Member nonrecourse debt,determined in accordance with Regulations Section 1.704- 2(i)(5). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to the Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Section 1.704-2(1)(4).This Section 5.2(b) is intended to comply with the minimum gain chargeback requirement in such Section of the Regulations and shall be interpreted consistently therewith. Solely for purposes of this Section 5.2(b),the Member's adjusted capital account deficit shall be determined prior to any other allocations pursuant to this Article with respect to such fiscal year, other than allocations pursuant to Section 5.2(a)hereof. (e) Qualified Income Offset. In the event the Member unexpectedly receives any adjustments, allocations or distributions described in Regulations Section 1.704- 1(b)(2)(ii)(d)(4), 1.704- 1(d)(2)(ii)(d)(5), or 1.704-1(b)(2)(ii)(d)(6), and after giving effect to the allocations required under Section 5.2(a)and 5.2(b)hereof, such Member has an adjusted capital RflLWOx 24700,1 OUP . 13 . LUU4 L .o4rm 110 . 1JU1 F . I I/ 10 ' • 4 account deficit, items of Company income and gain shall be specially allocated to such Member in an amount and manner sufficient to eliminate,to the extent required by the Regulations, its adjusted capital account deficit created by such adjustments,allocations or distributions as quickly as possible. (d) Nonrecourse Deductions. Nonrecourse deductions for any taxable period shall be allocated to the Member in proportion to the initial capital contribution made. If the Manager determines in its good faith discretion that the Company's nonrecourse deductions must be allocated in a different ratio to satisfy the safe harbor requirements of the Regulations promulgated under Section 704(b) of the Code,the Manager is authorized to revise the prescribed ratio to the numerically closest ratio which does satisfy such requirements. (e) Member Nonrecourse Deductions. Member nonrecourse deductions for any fiscal year be specially allocated to the Member who bears the economic risk of loss with respect to the Member nonrecourse debt to which such Member nonrecourse deductions are attributable in accordance with Regulations Section 1.704-1(i)(2). (I) Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Section 734(b) or 743(b)of the Code is required,pursuant to Regulations to the Capital Accounts shall be treated as an item of gain(if the adjustment increases the basis of the asset)or loss (if the adjustment decreases such basis), and such item of gain or loss shall be specially allocated to the Member in such a manner consistent with the manner in which the Capital Account is required to be adjusted pursuant to such Section of the Regulations. (g) Curative Allocations. The allocations set forth in Sections 5.2(a)through 5.2(f)(the"Regulatory Allocations")are intended to comply with certain requirements of the Regulations. It is the intent of the Member that,to the extent possible, all Regulatory Allocations that are made be offset either with other Regulatory Allocations or with special allocations pursuant to this Section 5.2(g). Therefore, despite any other provision of this Article (other than the Regulatory Allocations),the Manager shall make such offsetting special allocations in whatever manner it determines appropriate so that,after such offsetting allocations are made,the Member's Capital Account balance is,to the extent possible,equal to the Capital Account se .mot Z47110,1 mp . LUU4 L : 64VN NO .dy'LI I' . I 'L/ 10 • w balance such Member would have had if the Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.1. In exercising its discretion under this Section 5.2(g),the Manager shall take into account future Regulatory Allocations under Section 5.2 that,although not yet made, are likely to offset other Regulatory Allocations previously made under Section 5.2. Section 5.3 Allocations for Tax Purposes. For federal income tax purposes, each item of income, gain, loss and deduction shall be allocated to the Member in the same manner as its correlative item of"book"income,gain, loss or deduction is allocated pursuant to Sections 5.1 .. and 5.2 of this Agreement. Section 5.4 Filing of Returns and Other Writings; Tax Matters Member. The Company shall use its best reasonable efforts to cause the preparation and timely filing of all Company tax returns and shall,on behalf of the Company,timely file all other writings required by any governmental authority having jurisdiction. The Member shall serve as the"tax matters member"for purposes of Section 6231 of the Code. Section 5.5 Distributions. At any time upon the request of the Member,the Company shall distribute all cash of the Company(or the amount specified by the Member)to the Member (a"Distribution"). The Company shall distribute to the Member such amounts necessary to satisfy any quarterly tax obligations of the Member, calculated at the highest applicable marginal rate of taxation(a"Tax Distribution"). Under no circumstances,however, shall any Distribution be made which reduces the balance of the bank accounts of the Company below the required minimum amounts. ARTICLE VI Management of the Compauu Section 6.1.In General. The Company shall be managed by a Board of Managers composed of the duly elected leadership of the Member(the"Board"). The Board shall be the Manager of the Company, and shall be solely responsible for the management of the Company, and shall have the fullest right,power,and authority to manage, direct, and control all of the business and affairs of the Company,to transact business on its behalf, and to sign for it or on its RSIL a01 z4700.1 VG!, IV • LVVt c • ) trivi IVU •OJLI r • 13/ IU • behalf or otherwise to bind the Company, except as otherwise limited by this Agreement,the Act or the Trust Agreement. Section 6.2 Action By Board. The Board shall act as Manager only by majority vote of ', all Members of the Board, subject to any additional requirements of the Trust Agreement. ARTICLE VII Limitations on Transfers of Members' Units Section 7.1 Basic Restrictions. The ownership and transferability of interests in the Company are substantially restricted. Except as otherwise provided in this Article,the Member may not sell, assign, give,hypothecate,pledge,transfer, bequeath,or otherwise dispose of any or all of its interest in the Company,voluntarily, involuntarily,by operation of law, or otherwise,to any other person or entity without the an affirmative vote of the members of the Member occurring in strict accordance with the applicable provisions of the Trust Agreement. Receipt or possession by a transferee or assignee of any interest in the Company, shall in no way imply that such transferee or assignee is, or cause such transferee or assignee to be a Member. No transferee or assignee may vote as a Member hereunder unless such transferee or assignee is the Member. Section 7.2 No Withdrawal Rights Prior to Dissolution. The Act prohibits the Member from withdrawing from the Company and this Agreement makes no change to that provision. Prior to the dissolution of the Company,the Member may receive any return of capital or other distribution of Company assets in respect of any withdrawal or attempted withdrawal. ARTICLE YlII Entire,Agreement; Amendment of Agreement This Agreement and all schedules attached hereto represents the entire agreement between the Company and the Member with respect to the subject matter hereof- Any amendment or supplement to this Agreement shall require the approval of the Member,and shall be effective only if in writing and signed by the Member. RS1U130124700.1 OUP . IO • CUU4 L . O4VM ; NO . ZI N . 14/I0 ' • ARTICLE IX Dissolution The Company shall be dissolved, and shall terminate and wind up its affairs, upon the earlier of the determination of the Member that the Company should dissolve or the date set forth on the Certificate of Formation of the Company. The death,retirement,resignation,expulsion, bankruptcy,or dissolution of the Member shall not cause the dissolution of the Company. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BALNK RST1210t 24700.1 aeu . 10 . LUU4 L - 34rM IVO tlyLl F . 10/ 10 • IN WITNESS WHEREOF,the Member and the Company,by their duly authorized representatives have executed and delivered this Agreement as of the Effective Date. The Company The Member ALBEMARLE CARTER MOUNTAINS KAPPA SIGMA FRATERNITY MANAGEMENT CO., LLC KAPPA SIGMA FRATERNITY By: Kevin S.Kaplan BY: Kevin S.Kaplan Worthy Grand Master Worthy Grand Master 33T-A301 2.47OO.1 P • Instrument Control Number 0 0 5 6 8 7 , Commonwealth of Virginia Land Record Instruments 111111UNIIIIIIIMMINIMIMINIIIIIIIIIIIIIIII Cover Sheet - Form A Doc ID: 000989060005 Type: DEE Recorded: 04/06/2005 at 03:42:36 PM [ILS VLR Cover Sheet Agent 1.0.66] Fee Amt: $834.67 Page 1 of 5 Albemarle County, VA Shelby Marshall Clerk Circuit Court T C Date of Instrument: [4/5/05 ] File# 2005-00005687 XA 0 R Instrument Type: PBS ] 8K 2954 P�4 5-4 9 P E Number of Parcels [ 1] E Number of Pages [ 4] E f M City ❑County 1 x [Albemarle County ] (Box for Deed Stamp Only) P T First and Second Grantors T Last Name. First Name Middle Name or Initial Suffix [Coffey ][Daniel ][Evan ][ ] ❑ ❑ [Coffey ][Linda ][May ][ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ © [Albemarle Carter Mounta ][ ][ ][ ] ❑ ❑ [ ][ ][ ][ ] Grantee Address (Name) [Alb.Carter Mnts. Management Co., LLC,Trustee ] (Address 1) [2213 Concord Pike ] (Address 2) [ ] (City,State,Zip) [Wilmington, ] [DE ] [19803 ] Consideration [185,000.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr.Recorded at: City ❑ County [Albemarle County ] Percent. in this Juris. [ 100] Book [550 ] Page [606 ] Instr. No [ ] Parcel Identification No(PIN) [IMP 91-16D ] Tax Map Num. (if different than PIN) [91 ] Short Property Description [2acres, north side of St. Rt.20,Alb. Co.,Va. ] [ ] Current Property Address (Address 1) [1570 Scottsville Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA ][22901 ] Instrument Prepared by [Barrick&Deinlein, P.L.C. ] Recording Paid for by Ba _,� 1ej " -,s } » ] Return Recordingto (Name) r &- n" et _ ., erdlern, P.L.C. ] (Address 1) [528 E. Main St., Suite 2 ] (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA ][22902 ] Customer Case ID [ " ] [ ][ ] t' 0 ,) LEPT, r MU 3 0 2Q5 ri41 C® WJ IITYpeve"r�w5he0t9"e3#1 of 1 , . . . 005687 Deed prepared by I Albemarle County: TMP 91-16D James N. Deinlein 528 East Main Street, Suite 2 Post Office Box 1287 Charlottesville,Virginia 22902-1287 DEED THIS DEED,dated March 22, 2005, is made by and between DANIEL EVAN COFFEY and LINDA MAY COFFEY, husband and wife,hereinafter referred to as the Grantors,parties of the first part, KAPPA.SIGMA FRATERNITY, an unincorporated association,hereinafter referred to as the Option Assignor,party of the second part, and ALBEMARLE CARTER MOUNTAINS MANAGEMENT CO., LLC, a Delaware limited liability company, as TRUSTEE of the ALBEMARLE CARTER MOUNTAINS TRUST, a Delaware statutory trust,hereinafter referred to as the Grantee and/or the Option Assignee,party of the third part, 2213 Concord Pike, Wilmington,Delaware 19803. WITNESSETH: WHEREAS,the Grantor and the Option Assignor previously entered into a certain Option Agreement with regard to the option to purchase the hereinafter described real property,dated April 26,2004 and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 2781,page 176; WHEREAS,the Option Assignor desires to assign all its right,title and interest in said Option Agreement unto the Option Assignee; and WHEREAS,the Option Assignee desires simultaneously to herein exercise said purchase option and to purchase the hereinafter described real property; 1 NOW, THEREFORE, in consideration of the premises, in consideration of Five Thousand Dollars ($5,000)paid by the Option Assignee to the Option Assignor,the receipt of which is hereby acknowledged, and in consideration of One Hundred Eighty Thousand Dollars($180,000)paid by the Grantee to the Grantors,the receipt of which is hereby acknowledged,the Option Assignor irrevocably ASSIGNS and TRANSFERS unto the Option Assignee all of the Option Assignor's contractual right,title and interest under the aforesaid Option Agreement, and the Grantor GRANTS,BARGAINS, SELLS and CONVEYS unto the Grantee the following described real property: All that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto, located approximately two miles south of the City of Charlottesville on State Route 20 in Albemarle County, Virginia, containing 2.215 acres and designated as Lot B on a plat of R.O. Snow and Associates dated March 4, 1974 and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 550,page 608; BEING the same property in all respects as was conveyed to the Grantors herein by deed from Lawrence A. Fernsworth and Isabel D. Fernsworth, dated March 28, 1974 and recorded in the aforesaid Clerk's Office in Deed Book 550,page 606. This conveyance is made subject to and together with the access easement rights and liabilities described in a certain Road Maintenance Agreement recorded in the aforesaid Clerk's Office in Deed Book 795, page 437. This conveyance is further made subject to 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, 2 t ti which have not expired by a limitation of time contained therein or have not otherwise become ineffective. WITNESS the following signatures and seals: GRANTORS: (SEAL) Daniel Evan Coffey / L • 6(ALdc v (SEAL) Linda May Coffey OPTION ASSIGNOR: Kappa Sigma Fraternity By (SEAL) Mitchell . Wilson Executive Director STATE OF VIRGINIA CITY/COUNTY OF Charibtfe5vi Ile ,to-wit: The foregoing Deed was acknowledged before me this 4411 day of Ai9(1 I , 2005, by Daniel Evan Coffey. My commission expires: U UJ' 30 1 a,cS • C1? a 0_ 0)_naLerat- -1\l'ontary Public STATE OF VIRGINIA CITY/COUNTY OF ahaf L0 f- i Ile_ ,to-wit: The foregoing Deed was acknowledged before me this ikkhday of Apr i 1 , 2005,by Linda May Coffey. 3 My commission expires: J un t 30 I 0O E _(oorrict Notary Public aLillr STATE OF VIRGINIA CITY/COUNTY OF Char 104C5v 1I ,to-wit: The foregoing Deed was acknowledged before me this 4141 day of f.Qri ( ,2005, by Mitchell B. Wilson, as Executive Director for Kappa Sigma Fraternity.. My commission expires: June , -O E 0)X. Notary Public RECORDED IN K OFFICE OF ALBEMARLEO April 06,2005 AT 3:42:36 PM $185.00 GRANTOR TAX PD AS REQUIRED BY VA CODE§58.1-802 STATE:$92.50 LOCAL: 92.50 ALBEMARLE NTRK IYCU COURT SHE BY M 4 f . ''County, VA clerk Circuit Court fferson St. I ille, VA 22902 . (434)972-4083 DEEDS Receipt Official Receipt: 2005-00006685 Printed on 04/06/2005 at 03:43:59 PM RECEIVED OF BARRICK & DEINLEIN, P.L.C. Date Recorded: 04/06/2005 : ��trument ID Recorded Time Amount Big 2954 Pg 45 03:42:36 PM $834.67 Ins t rum ent:200500O06858 DBS- DEED OF BARGAIN AND SALE GRANTOR:COFFEY, DANIEL EVAN EX:N GRANTEE:ALBEMARLE CARTER MOUNTAINS MANAGEMENT CO TR EX:N Address1:2213 CONCORD PIKE Address2: City/State/Zip:WILMINGTON, DE 19803 Description: 2ACRES, NORTH SIDE OF ST. RT. 20, ALB. CO., VA. Consideration:$185,000.00 Assumption:$0.00 Locality:CO Percent:100.0O% Pages:4 Names:0 Accounts _ _ Amount 035 - OPEN SPACE PRESERVATION $1 .00 OF` --- PROCESSING FEE $10.00 036- •1= OF CONVEYANCE $92.50 39- DEEDS & CC, TRACTS $462.50 5- TECHNOLM, TPUST FUND FEE $5.00 VSLF $1 .50 212- TRANSFER FED.- $1.00 213- COUNTY GRANiLE TAX $154.17 220- GRANTOR TAX $92.50 301- DEEDS $14,50 Itemized Check Listing Check # 1691 $834.67 Total Due: $834.67 Paid By Check: $834.67 Change Tendered: $0.00 Cashier:KELLY BRYANT Reg:FEE02 Rr bucab Su•.t -Photocopy - - , �t Bent;RF�\ \ N/F Laura Mass . / �--\ N D.B. 2663, page 299 D.B. 795, page 440, (plat) / 0.o\ 4- � r E a rn T.M.P 91-16C , \'/fit, // ® =u m-2'� rA p mzxrc i` c1 ' + I CHERYLA.STOCKTCIN W o$ \� \ No.2425 � + /Eti16 \.� \\ �g.26,200V Q� •E, •a�}' N/F Daniel Evan Coffey& \ d 9 y qo4 _1 Linda May Coffey 49ydLo \ D stat0 D.B. 795, page 437; poge 440, (plat) c \ G T.M.P. 91-16D Ss�sr\ N. xy .ir o 0 • inched Pipe Found 2.216 Acres \ \ \ \�`t., t r +� j m H u5 F'®t Q N \ /q> mtn>4E N '9s `N. d m >x m. \� .,7 ++m m LL.V - �9j`?B•.' a . N \ •c c.2 A33 N/F Wallace B. prove a s8, ��w \ U ti Hughes �e P v - do Marie Hughes IRF •. \` e,,o B. 599, page 239; r etal bl•• `\ \oo" • page 241, (plat) ``•'A1C w, \ 40, 6icP T.M.P 91-16E gi pe zy,? \ �co co eeN'Fosg, �" Frame l Bldg., D�d \ p.Drive �Njj Ash \ \ /// `\;7 .40442 v. f ^' constructed •o• -4 ;' / • 2 —aS, a c. 7�9a --�_—� \, hy'' q'� �.4 wank. \1 60 �"-- , N. a� �g5 mac ��• walk '� �—+ AIM. o O D\ vR14 • \ %� �OLp ^O 4JS• '�-� Deck / 7?J j67 / /Access —�. >r/ LEGEND ABBREVIATIONS .4 m Easement Jasper L HaynesLight Pole -C)- IRF Iron Rod Found �`- 4`°• D.B.795,page 437 ,�0 D.B.859, page 143 O Power Pole w/Guy -0`! IRS Iran Rod set / .1p,9. t''' } °o1'70-\— - D.B. 6 9,T.M.P.ge 91-i658(Plat) 0 °he Overhead Electric dF of �._ _S CZ aht Overhead Telephone1 2s---- IRS ,t.' Z OFrame . 0 Q Bukding f + C — Wendell W. Wood &Hunter W. Wood ` e / / — -- cc D.B. 1080, page 171; page 173(plat) '�oe .k '' + �_� O T.M.P. 91-16 \ y --" J1 O Z NOTES: s�, A- ., `ohr as co ��.`."— U 1.)The property shown hereon lies in Flood Zone C, not a HUD 100 year Flood Zone, as shown per .ram gyp/o 'Pe, — , .' LLI CC FEMA Community—Panel Number 510006 0375 B. ! ..4., �o'B °e b,,' °r O •v P W 2.)The property shown hereon is subject to the following easements: y° �40 . _ m -a.) Virginia Public Service Easement recorded in D.B. 215, page 432, shown on the survey.No ✓ •�—• stkrm_a �t easement width is specified in the deed. —fie-- IZ 0 Q b.)VEPCO Easement recorded in D.B. 282, page 110. This is a blanket easement. '� } REVISIONS � c.) VEPCO Easement recorded in D.B.561, page 90, and shown hereon. No easement width is specified in the deed. caw eruE \ August 26,2004 d.)Virginia Telephone&Telegraph Easement recorded in D.B. 350, page 570.This is a blanket SloVe- RS easement which may have been created for the overhead telephone lines shown on the survey. �6. 'IRS \ e.) Virginia Public Service Easement recorded in D.B.220, page 355, not able to locate. e . - f.)South East Public Service Corporation of Virginia Easement recorded in D.B.221,page 599. This is oP o blanket easement, and also applies to T.M.P. 91-16. g3f �� oop4• /'' •�cMtU g.) Non—exclusive Access Easement and Road Maintenance Agreement recorded in D.B. 795, page 437, } • i,..0s n3z /'' v3 EKo��tF.�,So and shown hereon. This easement is for the benefit of T.M.P-91-16C and T.M.P 91-16D. / G2\9.Qe 4k, gSP� / // 085ee N'- /' \ DESIGNED BY: 3.)Basis of bearings is NAD 83 established by Draper Aden Associates utlizing CPS. / DRAWN BY: CAS CHECKED BY: • 4.) This survey was performed without the benefit of a Title Report. ;GALE. 1"=40' DATE: August 18,2004 0ROJECT NUMBER: GRAPHIC SCALE R00510-14CV 40 0 70 40 60 160 . 111111�N III111, ,y 1 t.;'i f . . , "'"' ...... .. 1 of 1 ( IN a 1 inch = 40 It i V;• d ,r ,,e. • • Instrument C,..itroi Number Commonwealth of Virginia Land Record Instruments Cover Sheet-Form A [ILS VLR Cover Sheet Agent 1.0.66] T C bate of Instrument: [6/23/2004 ] A O X R Instrument Type: [DBS ] P E Number of Parcels [ 1] X E Number of Pages [ 4] • M City❑County® [Albemarle County ] (Box for Deed Stamp Only) P • • T First and Second Grantors _ _ Last Name I First Name I Middle Name or Initial I Suffix [Wood ][Wendell ][W. ][ L.]❑ [Wood • ][Hunter ][W. I[ - First and Second Grantees . ID El [a Name I First Name I Middle Name or Initial I Suffix [a Delaware LLC,Trustee][Albemarle Carter Mountains ][ If ❑❑ f ][ ]f ]f Grantee Address (Name) [Albemarle Carter Mountains Trust (Address 1) [c/o Advance Corporate Service,Inc. • ' •, (Address 2) [2213 Concord Pike • • • (City,State,Zip) [Wilmington ] [DE] [19803 Consideration[935,000.00 ]Existing Debt[0.00 ] Assumption Balance[0.00 Prior Instr.Recorded at:City El County RI [Albemarle County I Percent.in this Juris. [ 100 Book [1080 ] Page [171 ] Instr.No [ ' Parcel Identification No(PIN) [09100-00-00-01600 Tax Map Num. (if different than PIN) [91 ' . Short Property Description [6.141 acres,2 mi:S of City of Charlottesville on St.Route 20 I Current Property Address (Address 1) [ • . • (Address 2) [ (City,State,Zip) [ ][ ][ • Instrument Prepared by [McClure Callaghan&Atkins Recording Paid for by [Barrick&Deinlein,PLC • . Return Recording to (Name) [Barrick&Deinlein,PLC • (Address 1) [528 E.Main St.,Suite 2 • • (Address 2) [ • ' (City,State,Zip) [Charlottesville ][VA][22902 • Customer Case ID [ ] I I I • • ltIIIIIIIIIII Cover Sheet Page#1 of 1 PREPARED BY McCLURE, CALLAGHAN & ATKINS TAX MAP 09100-00-00-01600 THIS DEED made and entered into this 14th day of June, 2004, g by and between WENDELL W. WOOD and HUNTER W. WOOD, the Grantors, and ALBEMARLE CARTER MOUNTAINS MANAGEMENT CO. , LLC, a Delaware 4i 0 limited liability company, as Trustee of the ALBEMARLE CARTER MOUNTAINS TRUST, a Delaware statutory trust, the Grantee, whose Oio Advance.. Cm-pot cl_-e address is ,2013 Concord P k Wilminj4ons .UclauxLce 11Gj$o3 .; W I T N E S S E T H: A THAT FOR AND IN CONSIDERATION of the sum of NINE HUNDRED THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($935, 000 . 00) , cash in hand C paid, the 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, all that certain tract or parcel of land located approximately two (2) miles south of the City of Charlottesville on State Route 20 in Albemarle County, Virginia, containing 6. 141 acres, more or less, and more particularly identified on plat of B. Aubrey Huffman & Associates, Ltd. , dated November 29, 1989 and recorded in the Clerk' s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1080, page 173; being the same property which was conveyed to the Grantors herein by deed of Larry Fernsworth, Jr. and Jeannie Fernsworth Harvey, and Edward H. Bain, Jr. , Executor of the Estate of Isabel MacDonald Fernsworth, dated November 28, 1989 and recorded in the Clerk' s Office aforesaid in Deed Book 1080, page 171 . The Grantors herein reserve for the benefit of Wendell W. Wood, or assigns, an easement for one sewer and/or one water line to Route 20 South from the closest future sewer manhole and/or the water line to be located on the subject property, together with a temporary construction easement to construct such lines . Grantee, and its successors, shall sign any reasonable easements required by any government authority for such easements . After construction of such sewer line and/or water line, Grantors shall record a survey plat of such easement lines in the aforesaid Clerk' s Office, and such easement lines may not thereafter be re-located. After construction of such sewer line and/or water line, Grantors shall restore the land improvements, the land surface grade and the landscaping condition to the same status as existed prior to the construction. This conveyance is subject to all easements, reservations, restrictions, conditions and other encumbrances 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 time limitation contained therein or have not otherwise become ineffective . Full power and authority is hereby granted to the Trustee, and 2 its 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 or other conveyance to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber the property or any part thereof; 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. WITNESS the following signatures and seals: (SEAL) Wend - (SEAL) unter W. Wood COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,e , to-wit: The foregoing Deed was acknowledged before me by WENDELL W. WOOD this 1-7t1 day of Z.-u.v`e_ , 2004 . My commission expires : kok51130, . kk L, cuk(Sg otary Public 3 COMMONWEALTH OF V RGINIA CITY/COUNTY OF Al-beAN1/414•1-lE , to-wit : The foregoing Deed was acknowledged before me by HUNTER W. WOOD this 11 day of 5��e.- , 2004 . My commission expires : l tia S6, a66 6tdk_ 1„ , 66Lkke,111( tary Public 4 V. • Instrument Control Number 0 0 5 6 8 7 Commonwealth of Virginia Land Record Instruments 111111111111111UMMININIMINIIIIIIIIIIII Cover Sheet - Form A Doc ID: 000989060005 Type: DEE Recorded: 04/06/2005 at 03:42:36 PM [ILS VLR Cover Sheet Agent 1.0.66] Fee Amt: $834.67 Page 1 of 5 Albemarle County, VA Shelby Marshall Clerk Circuit Court T C Date of Instrument: [4/5/05 ] File# 2OF05Q-00005687 XA 0 R Instrument Type: [DBS ] BI<29v�T PC45-49 P E Number of Parcels [ 1] E Number of Pages [ 4] E M City County IT [Albemarle County ] (Box for Deed Stamp Only) T First and Second Grantors T Last Name. First Name Middle Name or Initial Suffix [Coffey ][Daniel ][Evan ][ ] ❑ ❑ [Coffey ][Linda ][May ][ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ © [Albemarle Carter Mounta ].[ ][ ][ ] ❑ ❑ [ l[ ][ ][ l Grantee Address (Name) [Alb.Carter Mnts. Management Co., LLC,Trustee ] (Address 1) [2213 Concord Pike ] (Address 2) [ ] (City,State,Zip) [Wilmington, ] [DE ] [19803 ] Consideration [185,000.00 ]Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr.Recorded at: City ❑ County n [Albemarle County ] Percent. in this Juris. [ 100] Book [550 ] Page [606 ] Instr. No [ ] Parcel Identification No(PIN) [IMP 91-16D ] Tax Map Num. (if different than PIN) [91 ] Short Property Description [2acres, north side of St. Rt.20,Alb. Co.,Va. ] [ ] Current Property Address (Address 1) [1570 Scottsville Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA ][22901 ] Instrument Prepared by [Barrick& Deinlein, P.L.C. ] RecordingPaid for b Ba 7n'�-.;,,,"Va lb)>> Return Recording to (Name) ei on, P.L.C. ] (Address 1) [528 E. Main St., Suite 2 ] (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA ][22902 ] Customer Case ID [ ] [ l[ l I ' 'Jf, ti , e I 42U06 S AY Coer Sheet Page#1 of 1 V 005687 Deed prepared by Albemarle County: TMP 91-16D James N.Deinlein 528 East Main Street, Suite 2 Post Office Box 1287 Charlottesville,Virginia 22902-1287 DEED THIS DEED,dated March 22, 2005, is made by and between DANIEL EVAN COFFEY and LINDA MAY COFFEY,husband and wife,hereinafter referred to as the Grantors,parties of the first part,KAPPA SIGMA FRATERNITY, an unincorporated association,hereinafter referred to as the Option Assignor,party of the second part, and ALBEMARLE CARTER MOUNTAINS MANAGEMENT CO.,LLC, a Delaware limited liability company, as TRUSTEE of the ALBEMARLE CARTER MOUNTAINS TRUST, a Delaware statutory trust,hereinafter referred to as the Grantee and/or the Option Assignee,party of the third part, 2213 Concord Pike, Wilmington, Delaware 19803. WITNESSETH: WHEREAS,the Grantor and the Option Assignor previously entered into a certain Option Agreement with regard to the option to purchase the hereinafter described real property,dated April 26,2004 and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 2781,page 176; WHEREAS,the Option Assignor desires to assign all its right,title and interest in said Option Agreement unto the Option Assignee; and WHEREAS,the Option Assignee desires simultaneously to herein exercise said purchase option and to purchase the hereinafter described real property; 1 • y NOW, THEREFORE, in consideration of the premises,in consideration of Five Thousand Dollars($5,000)paid by the Option Assignee to the Option Assignor,the receipt of which is hereby acknowledged, and in consideration of One Hundred Eighty Thousand Dollars($180,000)paid by the Grantee to the Grantors,the receipt of which is hereby acknowledged,the Option Assignor irrevocably ASSIGNS and TRANSFERS unto the Option Assignee all of the Option Assignor's contractual right,title and interest under the aforesaid Option Agreement, and the Grantor GRANTS,BARGAINS, SELLS and CONVEYS unto the Grantee the following described real property: All that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto, located approximately two miles south of the City of Charlottesville on State Route 20 in Albemarle County, Virginia, containing 2.215 acres and designated as Lot B on a plat of R.O. Snow and Associates dated March 4, 1974 and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 550,page 608; BEING the same property in all respects as was conveyed to the Grantors herein by deed from Lawrence A. Fernsworth and Isabel D. Fernsworth, dated March 28, 1974 and recorded in the aforesaid Clerk's Office in Deed Book 550,page 606. This conveyance is made subject to and together with the access easement rights and liabilities described in a certain Road Maintenance Agreement recorded in the aforesaid Clerk's Office in Deed Book 795,page 437. This conveyance is further made subject to 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, 2 ti which have not expired by a limitation of time contained therein or have not otherwise become ineffective. WITNESS the following signatures and seals: GRANTORS: evi„, (SEAL) Daniel Evan Coffey ( tdCL In (SEAL) Linda May Coffey 2 OPTION ASSIGNOR: Kappa Sigma Fraternity By 1-0,*r (SEAL) Mitchell B. Wilson Executive Director STATE OF VIRGINIA CITY/E'.OUN OF Char 'Ue5Vi 1[e ,to-wit: The foregoing Deed was acknowledged before me this 4441 day of A061 ,2005,by Daniel Evan Coffey. My commission expires: \J L JI C 3D laws 0- 0,Lnalizaf- Notary Public STATE OF VIRGINIA CITY/COUNTY OF rr10* -v Ile. ,to-wit: The foregoing Deed was acknowledged before me this 4 day of /k-)ri 1 ,2005,by Linda May Coffey. 3 My commission expires: J L,U'L t 30,a-DD S lidNotary Public ajW STATE OF VIRGINIA CITY/COUNTY OF eirar 104 1 k,to-wit: The foregoing Deed was acknowledged before me this `T'h day of P.Qri 1 ,2005, by Mitchell B. Wilson, as Executive Director for Kappa Sigma Fraternity. My commission expires: JLL,YI.2 30, aoos 0A7 Notary Public RECORDED IN CLERKS OFFICE OF ALBEMARLE ON April 06,2005 AT 3:42:36 PM $165.00 GRANTOR TAX PD AS REQUIRED BY VA CODE§58.1-802 STATE:$92.50 LOCAL: 92.50 ALBEMARLE NITY, RK I CU COURT SHE BY MA 4 ' County, VA I clerk Circuit Court fferson St. ille, VA 22902 _ . (434)972-4083 DEEDS Receipt Official Receipt: 2005-00006685 Printed on 04/06/2005 at 03:43:59 PM RECEIVED OF BARRICK & DEINLEIN, P.L.C. Date Recorded: 04/06/2005 nrument ID Recorded Time Amount Bh 2954 Pg 45 03:42:36 PM $834.67 Instrument:200500006858 DBS- DEED OF BARGAIN AND SALE GRANTOR:COFFEY, DANIEL EVAN EX:N GRANTEE:ALBEMARLE CARTER MOUNTAINS MANAGEMENT CO TR EX:N Address1:2213 CONCORD PIKE Addcess2: City/State/Zip:WILMINGTON, DE 19803 Description: .2ACRES, NORTH SIDE OF ST. RT. 20, ALB. CO., VA. Consideration:$185,000.00 Assumption:$0.00 Locality:CO Percent:100.00% Pages:4 Names:0 Accounts Amount 035 - OPEN SPACE PRESERVATION $1 .00 OF' - -_- PROCESSING FEE $10.00 035- OF CONVEYANCE $92.50 n3B- DEEDS & CC*:TRACTS $462.50 It! -• '-L'�1�-�'�i 5- •J� 3T FUND FEE $5.00 N)L '45- VSLF $1 .50 . i2- TRANSFER FP:" $1.00 213- COUNTY GRA?:;LE TAX $154.17 220- GRANTOR TAX $92.50 301- DEEDS $14.50 Itemized Check Listing Check # 1691 $834.67 Total Due: $834.67 Paid By Check: $834.87 Change Tendered: $0.00 Cashier:KELLY BRYANT Reg:FEE02 1`\ Rr buCgb s RI E 1hot&Copy - . ; -- . Bent \ \ N/f Laura Moss / \�\ \ `. D.B. 2663,page 299 "`�� D.B. 795, page 440, (plat) / \� Co, 4 x E o / cq p m a'=K Q° �° ��tyTH Og y~ 5�°c \ \°Jrs et :0: CIO o �+ CHERYLA.STOC , Wtg k64 \ \ No.2425 „� � + ti`�• .. rckp bD 44' N/F Daniel Evan Coffey& sy \ \ d` to 0'. �} '' Linda May Coffey 9>e• \ \ ND suBVS. A ?. V °) D.B. 795, page 437; page 440,(plat) ess> \ \ ,it, T.M.P.91-16D s\\ N ` gip. CZ'' o e inched Pipe Found 2.216 Acres \ \ ;' '. b� ;w n n `. /N,e \ d N H \� vE .51,...,4 NYy. -:DB. ..7 w m 9 Ii v. 0,4, . ,0 p1y0 \\ \ cv V' [ o c,c ifro, .. P'9 i4 T me 9 N/F Wallace B. �(ve a s8. �\ U^U N Hughes 9 cruvel� N•. ` \�\ r e do Marie Hughes -.4 41 B. 599,page 2) r _ �\ \ N.'o page 241, (PIS) ``` �C �° cb T.M.P 91-16E Wood_ �` co I "N� sin �s, Frame l Bldg, y0.cY. Asph.Drive '«q co °„,,, °� / va P Y <ti Dom" o �� (licD /// `\`7sp '� constructed 'o,e. c 2s ag 19�) .....7 6p. — \y'' s 1.4'a ��CJcow u`•d" �wagCt. �/ci fr bA� ,P \\ '//�"�\�� lv �/' r ..- 4Wood .— ��e ` f__. 49ys/21 f Deck / a" r `i3 rre / .qah. , a / LEGEND ABBREVIATIONS 'rS `m Access Easement �� Jasper L Haynes Light Pole •O- IRF Iron Rod Found 6' D.B.795,page 437 \�" 5 P g D.B. 859, page 143 O Power Pole w/Guy ws Iron Rod set / z . + Nfp -Q D.B. 619, page 368(plat) 0 -0`c ohe Overhead Electric �A-'9' �.�� 84,,,,'e07, `:�_�_� T.M.P. 91-15 CZ tht Overhead Telephone j is b• R28 •y } • O Frame r +o_ — -0 Q •.. BuOding • Y • }' J � Wendell W.Wood&Hunter W. Wood ` P / _ W co 1 Cr D.B. 1080, page 171; page 173(plat) •§k, ''k\17 T.M.P. 91-16 D 0 I- \ _ _ NOTES: •`''p41 is + \c F-�o_,c'`_ .J U 8 1.)The property shown hereon lies in Flood Zone C, not a HUD 100 year Flood Zone, as shown per R Tfo yJB et's + -- o U\ U W c FEMA Community—Panel Number 510006 0375 B. s °e'� :3_ — _ (/) 4 ;., — o. t N < 2.) The property shown hereon is subject to the following easements: _ `oo - 2 c EU E.9"a.)Virginia Public Service Easement recorded in D.B. 215, page 432, shown on the survey.No ` s Stain—� _ easement width is specified in the deed. __4:LL—=• ' a_ o Q b.)VEPCO Easement recorded in D.B. 282,page 110. This is a blanket easement. + �— _ c.)VEPCO Easement recorded in D.B. 561, page 90, and shown hereon. No easement width is specified ` REVISIONS in the deed. cox eranrh�\ s August 26,2004 d.)Virginia Telephone&Telegraph Easement recorded in D.B. 350, page 570. This is a blanket ' - 5�o ga A6 RS easement which may have been created for the overhead telephone lines shown on the survey. �� '• /IRS \ \ e.) Virginia Public Service Easement recorded in D.B.220, page 355, not able to locate. s f.)South East Public Service Corporation of Virginia Easement recorded in D.B. 221, page 599. This is `•cr - a blanket easement, and also applies to T.M.P 91-16. °hr • ` e�p.. /' -to Ml� g.)Non—exclusive Access Easement and Road Maintenance Agreement recorded in D.B. 795,page 437, 1 } Erie}"4 q '� /�' lac .Va o 0-0So and shown hereon. This easement is for the benefit of T.M.P:91-16C and T.M.P. 91-16D. • / `/ e.S.oegc, . ' It' 0•y'e\'' �/' \1 DESIGNED BY: 3.) Basis of bearings is NAD 83 established by Draper Aden Associates utilizing GPS. -- DRAWN BY: CAS 4.)This survey was performed without the benefit of a Title Report. CHECKED ev: SCALE: 1"=40' 7ATE: August 18,2004 GRAPHIC SCALE i .ROJEOT NUMBER: R00510-14CV 40 0 20 40 e0 100 • �, 1 of 1 ( noPEET ) 1 inch = 40 ft 1;. :a. • fl • Instrument C,.dtrol Number • • • • Commonwealth of Virginia Land Record Instruments • Cover Sheet-Form A • • [ILS VLR Cover Sheet Agent 1.0.66] T C Date of Instrument: [6/23/2004 ] • . A O Instrument Type: [DBS ] X R P . • E Number of Parcels [ 1] X Number of Pages [ 4] • M City ❑County (Box for Deed Stamp Only) ® [Albemarle County ] • T First and Second 9rantors Last Name First Name I Middle Name or Initial I Suffix [Wood ][Wendell ][W. ][ ❑❑ [Wood ][Hunter ][W. ][ • First and Second Grantees Last Name � First Name I Middle Name or Initial I Suffix ❑❑ [a Delaware LLC,Trustee][Albemarle Carter Mountains ][ ]j ❑❑ [ ][ ][ ][ Grantee Address (Name) [Albemarle Carter Mountains Trust (Address 1) [c/o Advance Corporate Service,Inc. (Address 2) [2213 Concord Pike , • • (City,State,Zip) [Wilmington ] [DE] [19803 Consideration[935,000.00 ]Existing Debt[0.00 ] Assumption Balance[0.00 Prior Instr.Recorded at:City ❑ County® [Albemarle County ] Percent.in this Juris. [ 100 • Book [1080 ] Page [171 ] Instr.No [ Parcel Identification No(PIN) [09100-00-00-01600 Tax Map Num. (if different than PIN) [91 • • Short Property Description [6.141 acres,2 mi.S of City of Charlottesville on St.Route 20 Current Property Address (Address 1) [ • • (Address 2) [ (City,State,Zip) [ ][ ][ • Instrument Prepared by [McClure Callaghan&Atkins • Recording Paid for by [Barrick&Deinlein,PLC • Return Recording to (Name) [Barrick&Deinlein,PLC (Address 1) [528 E.Main St.,Suite 2 • (Address 2) [ ' (City,State,Zip) [Charlottesville ][VA][22902 Customer Case ID [ ] [ ][ • . }• rCover Sheet Page#1 of 1 ti 11111 PREPARED BY McCLURE, CALLAGHAN & ATKINS TAX MAP 09100-00-00-01600 THIS DEED made and entered into this 14th day of June, 2004, by and between WENDELL W. WOOD and HUNTER W. WOOD, the Grantors, and ALBEMARLE CARTER MOUNTAINS MANAGEMENT CO. , LLC, a Delaware 0 0 limited liability company, as Trustee of the ALBEMARLE CARTER MOUNTAINS TRUST, a Delaware statutory trust, the Grantee, whose 'Io Advance. Corporate 5ervIc . address is c2a13 eacond P kF khlmina-(oni .pclat.t.actce ig(igp3 ; WITNESSET H: THAT FOR AND IN CONSIDERATION of the sum of NINE HUNDRED THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($935, 000 . 00) , cash in hand C paid, the 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, all that certain tract or parcel of land located approximately two (2) miles south of the City of Charlottesville on State Route 20 in Albemarle County, Virginia, containing 6. 141 acres, more or less, and more particularly identified on plat of B. Aubrey Huffman & Associates, Ltd. , dated November 29, 1989 and recorded in the Clerk' s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1080, page 173; being the same property which was conveyed to the Grantors herein by deed of Larry Fernsworth, Jr. and Jeannie Fernsworth Harvey, and Edward H. Bain, Jr. , Executor of the Estate of Isabel MacDonald Fernsworth, dated November 28, 1989 and recorded in the Clerk' s Office aforesaid in Deed Book 1080, page 171 . The Grantors herein reserve for the benefit of Wendell W. Wood, or assigns, an easement for one sewer and/or one water line to Route 20 South from the closest future sewer manhole and/or the water line to be located on the subject property, together with a temporary construction easement to construct such lines . Grantee, and its successors, shall sign any reasonable easements required by any government authority for such easements . After construction of such sewer line and/or water line, Grantors shall record a survey plat of such easement lines in the aforesaid Clerk' s Office, and such easement lines may not thereafter be re-located. After construction of such sewer line and/or water line, Grantors shall restore the land improvements, the land surface grade and the landscaping condition to the same status as existed prior to the construction. This conveyance is subject to all easements, reservations, restrictions, conditions and other encumbrances 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 time limitation contained therein or have not otherwise become ineffective . Full power and authority is hereby granted to the Trustee, and 2 its 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 or other conveyance to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber the property or any part thereof; 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. WITNESS the following signatures and seals: (SEAL) Wend - ; ( EAL) unter W. Wood COMMONWEALTH OF VIRGINIA� CITY/COUNTY OF I e � � e , to-wit: The foregoing Deed was acknowledged before me by WENDELL W. WOOD this V7 day of Z—u.v\e , 2004 . My commission expires : ikTia 30k act,s. CW4B otary Public 3 COMMONWEALTH OF V RGINIA CITY/COUNTY OF abextv,o,14E , to-wit : The foregoing Deed was acknowledged before me by HUNTER W. WOOD this 11 day of 500\R__ , 2004 . My commission expires : A. Ka ECN, �bvS i 031L_ LuQQt tary Public 4