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HomeMy WebLinkAboutSDP201600038 Agreements Final Site Plan and Comps. 2004-01-23 Page 1 of 12 �,,,/� InstrumeACControl Number `.r 0 0 I 3 8 6 Commonwealth of Virginia Land Record Instruments 1111111111111111111111111 ���� � ��� Cover Sheet-Form A yy Recorrded: 01/23/2000441atT94:08:46 PM (ILS VLR Cover Sheet Agent 1.0.681 Fos Amt 020.20 Paas 1 of 12 Albp�aarls County vA _ _ Aar Marshall Clerk Circuit Court T C Date of Instrument: [1/23/2004 1 Filer/ 2004-00091888 AA 0 R instrument Type: [DE 1 8K2678 PG425-436 E P Number of Parcels ( 3] X Number of Pages [ 10] E M City❑County x❑ [Albemarle County ] (Box for Deed Stamp Only) ppFirstand Second Grantors L _ I Fit Last NameI kiddie Name or Initial I Suffix [Hurt ][Charles 1[W ][Trustee ] ❑❑ [Fisher ][Shirley ][L ][Trustee ] First and Second Grantees Last Name I First Name I Middle Name or Initial I Suffix 1 ❑(] [Hollymead Town Center,][ ][ ][ ] ❑❑ [ 11 l[ ]( 1 Grantee Address (Name) [HOLLYMEAD TOWN CENTER,LLC 1 (Address 1) [care of Regency Realty Group,LLC ] (Address 2) [8618 Westwood Center Drive-Suite 300 ] (City,State,Zip) [Vienna ] [VA] [22182 ] Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance[0.00 ] Prior Instr.Recorded at:City ❑ County® [Albemarle County ] Percent.in this Jude. [ 100] Book [ ] Page [ 1 Instr.No [ ] Parcel Identification No(PIN) (03200-00-00-042B0,03200-00-00-042D0 ] Tax Map Num. (If different than PIN) (32-42B,32-42D ] Short Property Description [Hollymead Area B ] [ l Current Property Address(Address 1) [ ] (Address 2) [ ) (City,State,Zip) [ ][ ]I ] Instrument Prepared by [LeClair Ryan ] Recording Paid for by [Commercial Title Group ] Return Recording to (Name) (LeClair Ryan ] (Address 1) 1123E Main 8th FI l (Address 2) [ ] (City,State,Zip) [Charlottesville ][VA][22902 ] Customer Case ID [ ] [ ][ [ I . ,, tri .1 I. * a ya t f ti'T . ill,+,, '4ll,;s ,'17/1-111,1'1,'VR +t. t',.,:ilk,4}I,� F :1.1 + ,Y;IZ'! Cover Sheet Page#1 of 2 �► ;'•* * k -I 'r ir ; Book: 2678 Page: 426 FileNumber:2004-00001386 Seq: 1 1 Page 2 01 12 I ' 1111011) instrument Control umber Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C , (ILS VLR Cover Sheet Agent 1.0.881 T G O C Date of Instrument: [1/23/2004 ] R R 0 Instrument Type: [DE ] A A R N N P Number of Parcels [ 3] E T T O E Number of Pages 1 10] E R E City El County x❑ [Albemarle County ] (Box for Deed Stamp Only) P Grantors/Grantees/Parcel Continuation( ontinuation Form C _ Last Name First Nsme I Middle Name or Initial I Suffix 0®0 0 [Post Office Land Trust ][ 11 I[ ] 0000 [ 1[ I[ I[ I 0000❑ [ 11 H 11 1 [ 31 I[ It 1 0❑El CI i ][ 1[ 1[ 1 Prior Instr.Recorded at City ❑ County® [Albemarle County ] Percent,in this Juris. [ 100) Book [ ] Page [ ] Instr.No [ ] Parcel Identification No(PIN) [03200-00-00-042E0,03200-00-00-0430 ] Tax Map Num. (if different than PIN) [32-42E,32-43 1 Short Property Description [Hollymead Area B 1 1 1 Current Property Address(Address 1) [ 1 (Address 2) 1 1 (City,State,zip) 1 11 11 1 Prior Instr.Recorded at:City El County® [Albemarle County 1 Percent.In this Jude. [ 100) ' Book [ 1 Page [ 1 Instr.No [ ] Parcel Identification No(PIN) [03200-00-00-043A0 ] Tax Map Num. (If different than PIN) [32-43 ] Short Property Description [Hollymead Area B ] [ 1 Current Property Address(Address 1) [ 1 (Address 2) [ ] (City,State,Zip) [ 11 1 I 1 'k all L1 4441 ` �a''4 1 1.' ` i".,,1 . ((,Y 1.(il j 0 l,rt ,i k t i Cover Sheet Page#2 of 2 Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 2 • Page 3 of 12 Ionil4+aya n D) Document prepared by: �� LeClair Ryan 123 Baal Main Street 814 Floor Charlottesville,Virginia 22902 Tax map 32,Parcel a 4213,4213,426,43 and 43A CROSS ACCESS EASEMENT AND CONSTRUCTION AGREEMENT THIS CROSS ACCESS EASEMENT AND CONSTRUCTION AGREEMENT (the "Agreement")is made as of this a day of January,2004,by and between CHARLES WM.HURT AND SHIRLEY L. FISHER, TRUSTEES OF THE POST OFFICE LAND TRUST ("Post Office") and HOLLYMEAD TOWN CENTER,LLC,a Delaware limited liability company("Hollymead,"and together, the"Owners"). RECITALS: R-1. Post Office is the owner of certain real property(the"Post Office Property")located in the Rivanna Magisterial District of Albemarle County,Virginia,depicted as TM 32 Par 41D on plat of Rivanna Engineering & Surveying, PLC, dated September 15, 2003, attached hereto as Exhibit A and recorded herewith(the"Plat"). R-2. Hollymead is the owner of certain adjacent real property(the"Hollymead Property")upon which Hollymead intends to place a commercial development(the"Project"),which property is located in the Rivanna Magisterial District of Albemarle County, Virginia, and described more particularly on plat of Rivanna Engineering &Surveying, PLC, dated March 7, 2003, last revised December 18, 2003, as Lot F containing 5.16 acres,G containing 5.15 acres,Lot C containing 3.61 acres,Lot D containing 8.38 acres and Lot E containing 2.68 acres,which said plat is of record in the Clerk's Office of the Circuit Court of Albemarle County,Virginia,at Deed Book 2672,page 732. A portion of the Hollymead Property is depicted on the Plat as TM 32 Par 43. R-3. In conjunction with its development of the Project,Hollymead,its successors,assigns and transferees,intends to construct a truck entrance,road and landscaping on the Post Office Property from U.S. Route 29 southbound for the use and benefit of Hollymead and the Project. WITNESSETH: NOW,THEREFORE,in consideration of the covenants herein contained and for the mutual benefit of all present and prospective owners of the Hollymead Property,the Owners agree as follows: 1. Construction of Entrance and Road. Hollymead shall construct or cause to be constructed entirely at its own expense improvements consisting of an entrance and variable-width roadway located within that certain area described on the Plat as the Entrance Area Construction and Cross-Access Easement, in accordance with the requirements of Albemarle County(the"Hollymead Improvements"). Post Office shall construct or cause to be constructed entirely at its own expense improvements consisting of a variable-width roadway connecting to the Hollymead Improvements and located within that certain area described on the Plat as the Drive Lane Construction and Cross-Access Easement(the"Post Office Improvements"). Without in any way limiting Post Office's responsibility for constructing the Post Office Improvements,Hollymead shall also have the right to construct or cause to be constructed all or part of the Post Office Improvements,with such work to be reimbursed by Post Office upon approval by the County of Albemarle of a final site plan for Post Office Property. 2. Access Easement. Post Office does hereby GRANT and CONVEY for the use and enjoyment of Hollymead,its heirs,administrators,personal representatives,successors,assigns,tenants,other occupants and permittees and their respective employees, agents, sublessees, licensees, contractors and invitees, a perpetual, non-exclusive easement and right-of-way for vehicular ingress and egress, including, Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 3 4000 Page 4 of 12 Driverray1lrnd Target(Exhibit D) without limitation,ingress and egress by delivery trucks,tractor trailers,trash trucks and semis,to and from U.S. Route 29 — Seminole Trail over and upon the areas depicted on the Plat as the Entrance Area Construction and Cross-Access Easement and the Drive Lane Construction and Cross-Access Easement(the "Easement Area")for the purpose of providing ingress,egress and other access to the Hollymead Property. 3. Temporary Construction Easement. Post Office does hereby GRANT and CONVEY to Hollymead, its transferees,successors,assigns, agents and contractors,a temporary easement over the Post Office Property to permit Hollymead to construct, install, maintain, repair,alter and replace the Easement Area,including easements as necessary for the proper grading of the site,temporary erosion control measures, landscaping, storage of supplies and equipment and redirection of traffic,which easement shall remain in effect only until such construction is completed,but shall automatically be reinstated during the pendency of any work thereafter performed. 4. ►viaintenance. Hollymead, its successors and assigns, shall maintain, at its expense, the Hollymead Improvements. Post Office, its successors and assigns, shall maintain, at its expense, the Post Office Improvements. The Owners shall keep their respective portions of the Easement Area clear of waste, debris, ice, snow and any obstruction to the unrestricted use of the Easement Area, except such as may reasonably be required in connection with performance of maintenance. Without in any way limiting Post Office's responsibility for maintaining its portion of the Easement Area,in the event that Post Office fails to maintain the Post Office Improvements, Hollymead shall then have the right to maintain or cause to be maintained the Post Office Improvements, with such maintenance work to be reimbursed by Post Office promptly upon Hollymead's presentation to Post Office of an invoice for the actual cost of the maintenance performed. Without in any way limiting Hollymead's responsibility for maintaining its portion of the Easement Area,and provided that ingress and egress over the Hollymead Improvements is not materially impaired,in the event that Hollymead fails to maintain the Hollymead Improvements,Post Office shall then have the right to maintain or cause to be maintained the Hollymead Improvements, with such maintenance work to be reimbursed by Hollymead promptly upon Post Office's presentation to Hollymead of an invoice for the actual cost of the maintenance performed. 5. Easement for Installation and Maintenance of the Off-Site Landscaping. Hollymead, its successors and assigns, shall be solely responsible for the installation, construction and maintenance of landscaping in accord with any requirements of the County of Albemarle within that area designated on the Plat as Off-Site Landscaping Easement(Area 1)(the"Off-Site Landscaping Easement"). Said maintenance responsibility shall continue only until the County of Albemarle releases the bond posted by Hollymead for the work to be performed on the Off-Site Landscaping Easement,at which time said maintenance responsibility shall terminate and Post Office shall then become solely responsible for said maintenance. Post Office does hereby GRANT and CONVEY for the use and enjoyment of Hollymead,its heirs,administrators,personal representatives,successors,assigns,tenants,other occupants and permittees and their respective employees, agents, sublessees, licensees, contractors and invitees, a temporary, non-exclusive easement to construct, install, maintain, repair, alter, raze and replace the landscaping within the Off-Site Landscaping Easement during the period Hollymead is responsible for construction and maintenance of the Off-Site Landscaping Easement pursuant to this Paragraph 5. 6. gstoppel Certificates. Within fifteen(15)days after written request by either party hereto,the other party shall furnish to said requesting party and/or any mortgagee or purchaser of said requesting party an estoppel certificate stating(i)that this Agreement is in full force and effect and has not been modified or amended (or, if so modified or amended, specifying any such modifications or amendments), (ii) that no default exists by the requesting party under this Agreement(or if a default so exists,stating the nature of such default)and(iii)such other matters concerning the status of this Agreement or the obligations of the parties hereunder as shall be reasonably requested. 7. Private Rights. Subject to Paragraph 8 hereof,the Easement Area and Off-Site Landscaping Easement are private and shall be maintained exclusively by the Owners. Nothing contained herein shall be 2 Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq:4 Page 5 of 12 11011 Dray behind Target(Exhibit I)) construed as,or deemed to create,any rights for the benefit of the general public in either the Hollymead Property or the Post Office Property. 8. Future Dedication. Nothing in this Agreement shall be construed to prohibit or in any way limit the right of the Owners(provided the Owners agree unanimously)to dedicate any part of the Easement Area as a public road. 9. Matters of Record. The conveyances made and rights granted in this Agreement are made subject to all applicable easements,restrictions,covenants and conditions of record in the chain of title to the respective parcels. 10. Notices. All invoices and notices required hereunder shall be mailed to the appropriate party as required hereunder by certified mail,postage prepaid,and return receipt requested,or by recognized courier service, such as FedEx or UPS, with delivery receipted, to the address reflected below, or at such other address(es)as such party may designate,in writing,to the other party: If to Grantor: Charles Wm.Hurt,Trustee of the Post Office Land Trust 195 Riverbend Drive Charlottesville,Virginia 22911 If to Grantee: Hollymead Town Center,LLC C/o Regency Realty Group,LLC Attention:Taylor Chess 8618 Westwood Center Drive-Suite 300 Vienna,Virginia 22182 11. Recordation. This Agreement shall be recorded at the Clerk's Office of the Circuit Court for Albemarle County, Virginia and shall constitute a covenant running with the Iand to the extent hereinafter provided. Except as otherwise expressly provided in this Paragraph 11,this Agreement shall be binding upon Post Office and Hollymead and their respective administrators,executors,assigns,heirs and other successors in interest including any owners'association. Notwithstanding the foregoing,during the period in which Hollymead shall retain title to at least ten(10)acres of the Hollymead Property,the grantee or other transferee(and its successors and assigns) of any conveyance or other transfer of the Hollymead Property shall not be liable under this Agreement for either the performance by Hollymead of the maintenance and construction obligations hereunder or the payment by Hollymead of any sums due hereunder(together,the"Hollymead Obligations");instead, Post Office hereby agrees that,during the period in which Hollymead shall retain title to at least ten(10) acres of the Hollymead Property, Post Office shall look solely to Hollymead for payment and performance of the Hollymead Obligations and not to any other grantee or transferee of the Hollymead Property. During the period in which Post Office shall retain title to at least ten (10) acres of the Post Office Property,the grantee or other transferee(and its successors and assigns)of any conveyance or other transfer of the Post Office Property shall not be liable under this Agreement for either the performance by Post Office of the maintenance and construction obligations hereunder or the payment by Post Office of any sums due hereunder(together, the "Post Office Obligations"); instead, Hollymead hereby agrees that,during the period in which Post Office shall retain title to at least ten(10)acres of the Post Office Property,Hollymead shall look solely to Post Office for the payment and performance of the 3 Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 5 Page 6 of 12 Drivewa d Target(Exhibit D) Post Office Obligations and not to any grantee or other transferee of any portion of the Post Office Property. Without limiting the generality of the foregoing, if a portion of the Hollymead Property shall hereafter be conveyed to Target Corporation("Target"),and such portion so conveyed shall not exceed twelve(12)acres,and shall not be the Hollymead Triggering Transfer,as herein defined,then Target and its successors and assigns shall have no liability under this Agreement for payment or performance of the Hollymead Obligations; Post Office hereby agreeing that it shall look solely to Hollymead and any successor owner of the remainder of the Hollymead Property(subject to the foregoing provisions of this Paragraph 11) excluding the portion thereof conveyed to Target, for payment and performance of the Hollymead Obligations. Upon the occurrence of a conveyance or other transfer by Hollymead of all or a portion of the Hollymead Property, after which conveyance or other transfer the residue of such Hollymead Property retained by Hollymead shall be less than ten(10)acres(the"Hollymead Triggering Transfer"), liability for the performance and payment of the Hollymead Obligations thereafter shall attach to and run with ownership of that portion or portions of the Hollymead Property transferred or conveyed pursuant to the Hollymead Triggering Transfer,as well as ownership of any portion or portions of the Hollymead Property then retained by Hollymead. Upon the occurrence of a conveyance or other transfer by Post Office of all or a portion of the Post Office Property,after which conveyance or other transfer the residue of such Post Office Property retained by Post Office shall be less than ten(10)acres(the"Post Office Triggering Transfer"),liability for the performance and payment of the Post Office Obligations thereafter shall attach to and run with ownership of that portion or portions of the Post Office Property transferred or conveyed pursuant to the Post Office Triggering Transfer, as well as ownership of any portion or portions of the Post Office Property then retained by Post Office. 12. Successors and Assigns. The terms and provisions of this Agreement are deemed to be covenants running with the land that are binding upon and inure to the benefit of the transferees,successors, devisees and assigns of the parties hereto and any person claiming by,through or under them. Subject to the provisions of Paragraph 11 hereof, upon any transfer or conveyance of all or a portion of the Hollymead Property or the Post Office Property,the grantor or other transferring party shall be automatically released from all further liability and obligations under this Agreement with respect or relating to the property so transferred or conveyed. Any obligations contained herein shall be construed as covenants and not as conditions, and a violation of any said covenants shall not result in a forfeiture or reversion of title to the easements herein granted. 13. Modification.This Agreement shall not be amended,modified or terminated and no waiver of any provision hereof shall be effective unless set forth in a written instrument executed with the same formality as this Agreement. 14. Severability. If any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid,or shall be excised from this Agreement,as circumstances require,and this Agreement shall be construed as if such provision had been incorporated herein as so limited or as if such provision had not been included herein,as the case may be. 15. Counterparts.This Agreement may be executed in two or more counterparts,each of which shall constitute an original and all of which taken together shall constitute a fully executed instrument. 16. Choice of Law. This Agreement shall be governed by and construed in accordance to the laws of the Commonwealth of Virginia. 4 • Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 6 Page 7 of 12 Sale [iatiodity behind Target(Exhibit D) WITNESS the following signatures and seals. Charles Wm. Hurt, as Trustee for the Post Office Land Trust P� 91-94/ Shirley L.Fisher,as Trustee for the Post Office Land Trust .44 Zil... ..21/1' HOLLYMEAD TOWN CENTER,LLC,a Delaware limited liability company By: Regency Realty Group,Inc.,a Florida corporatio pager By: Its: ‘in.----e,da-S1‘0•Na-5 COMMONWEALTH OF VIRGINIA P"" "/COUNTY OF FAtn.FR7. 7d The foregoing instrument was acknowledged before me this day of bCLghoO 200_by Charles Wm.Hurt,as Trustee for the Post Office Land Trust. �otary Public My Commission Expires: 3- (-0(0 COMMONWEALTH OF VIRGINIA ,CI-PI'/COUNTY OF F iktR-P . Kit The foregoing instrument was acknowledged before me this 19 day of D't +'+le h- 200 3 by Shirley L.Fisher,as Trustee for the Post Office Land Trust. dtIe,_ `b. o Public Y y Commission Expires: 3-It-0 6 5 Book: 2678 Page: 426 FileNumber: 2004-00001386 Seq: 7 Page 8of12 Driveway he�Iiintl Target(Exhibit D) COMMONWEALTH OF VIRGINIA CITY/ Y OF • The foregoing instrument was acknowledged before me thisao?' y of 200 by 'roil.(cr` 0,CbiSS , UIP. -4:4iLu0$.,..r,.6 of Regency R lty Group,Managd4'of HOLLYMEAD TOWN CENTER,LLC. `heat.td 521. Cl2etutan Notary Public My Commission Expires: (.9'30'0.5" 6 Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 8 Page 9 of 12 %pi ,j DllSlay behind Target(Exhibit D) exhibit A [the Plat] 7 Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 9 Page 10 of 12 Driveway belted TWIRICEft D) 100 0 100 $00 SOC • • • r••• •—, ...I. tpCALB: 1 -100 _-1 d M ie41,LTN 0,4,' d _ 1 Y ii d 0 \\ ;;BONY R.IIRIER r i '^ —'\ \ 43+ COBRA'No. l.......... \ \ ",� 2065 • e'y w' " Cmksiruetlan \ \\ W'��F \ \ \ \ Ade \ \ \ \ \ \ \ \ '37'40'E 179.18 TM 32 Par Poet Oryles laid lTart \ \\ IS'S6'E 061661-116 \\ \ 77' 061659-153 Plat \ tr 2mek PD-MC \ io i. \ \ ix 6P,A L-3265' \\ \\ \ \ �_1 i-- \ \\ 111 Y2 Per 41D ,,_ • Poet OMa land Mot bn \\ OB 1861-118 \ OB 1fl70-163 PIM 60'Building 15'Acmes kilia .:.:.:1..-.......... .._�1 seem \\ \\ rated:PD-1x N 5013 6'E 174,59' I q R tNatlon Easement j \ 1 \ \ 20'Utility r \ \ Easement _ \ \ Fbprnead Re 2 porµCnter I(',,.•: 1 /! `\ \\° Reglad Antes Ana'B' . �' Olive law / 1 \ 1 I Constructionand ( 1 1Cross-Acce1 I Easement :il: 1 �.' 1 1 60'Balding 1{'�y�I 1 �. : :& J'-Slameota 1 I R Mallin !: 'tel' 1- Or / I1, 1 Latdecape I ! Easement I. Construction and Crew-Acca I ® Easement 1 2e Drainage-. �� • -Slte Landeoapirg 20'San Sewer ,....1_,... J Ecomment 1 �. Ea o I) Easement t ..e (Ana 1) / n R,,.-�_,•.--1 I .' ' .�•-. ._ _�,,. _ S'1 72 S49R516'W PF PLAT MOW EASEDDI1S I 1' TAX MAP 32 PARCELS 410&43 ROUTE 29 SEMINOLE TRAIL HOLLYMEAD TOWN CENTER VARIABLE N7D1H'R/W PoVANNA 0IS116CT,Alt3E11NXE COUNTY,VIRGINIA SOME I'.100' DATE SEPIENBER 15,2003 320041de9 .... . RWANNA ENOINEEJUNG&SURWYMO,PLC P.O.80X 7903 CNARLOTIESI LE,VA.22906 P:434,9541699 p:4344114,5503 ... _.. ., • Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 10 Page 11 of 12 CONSENT,SUBORDINATION AND PARTIAL RELEASE BY TRUSTEES AND BENEFICIARY J. PETER RICHARDSON and JIAVID W. KUDRAVETZ (the "Trustees"), and FIRST COMMUNITY BANK,JN€' i/'ose address is P.O. Box 950, 211 Federal Street, Bluefield,West Virginia 24701(the"Beneficiary"),are,respectively,the trustees and beneficiary under that certain Deed of Trust from CHARLES WM.HURT AND SHIRLEY L.FISHER, TRUSTEES OF THE POST OFFICE LAND TRUST dated December 11,1997,and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia at Deed Book 1661, page 123(the"Deed of Trust"). In consideration of the premises and the intent of the parties to be legally bound, the aforesaid trustees and beneficiary do hereby JOIN IN,RATIFY and CONFIRM the foregoing Cross Access Easement and Construction Agreement ("Deed of Easement") for the express purposes of consenting to such Deed of Easement, subordinating all of their right, title and interest under the Deed of Trust to the operation and effect of the Deed of Easement and releasing from the lien of their Deed of Trust the areas depicted on the Plat as the Entrance Area Construction and Cross-Access Easement, the Drive Lane Construction and Cross-Access Easement and the Off-Site Landscaping Easement(Area 1). IN WITNESS WHEREOF, the Trustees and Beneficiary have each executed this Consent, Subordination and Partial Release by Trustees and Beneficiary or caused it to be executed on its behalf by their duly authorized representatives,this day of J.Peter Richardson,Trustee for First Community Bankjue: .ri D• id W.Kudravetz,Trustee for First Community ,Jr+c:i✓,s'. I First Community Bank,JJc', 41:4„,4,„1,,/� �✓./,.. /+ Its: 1I/rir t Ifs/sf Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 11 Page 12of12 06.1. U�r in i w GQMMONWEALTII OF V R6 A'1 -CIT-Y/COUNTY OF ML'reEY` • e foregoing instrument was acknowledged before me this 'Jday of Jd/71/81/ , 2001 by J.Peter Richardson,Trustee for First C•mmunity Bank ,,,. 9. ,„ u'a. OFFICIALSNAI. iii' ��%// NOTARY PUBLIC / STATE OF WEST VIgONEA N. Public �� ) RITA LORRAINE PAULEY /aJ,eeene ia. POEM OFFICE 80X 1778 Commission Expires: �v� � - // OLLIEPIEID.VN slim ON ourairk irpbaOrrater 14,1011 COMMONWEALTH VIRE IAD4CCITY/COMITY OFr.c_ • The foregoing instrument was acknowledged before me this /I day of%i 200.1 by David W.Kudravetz,Trustee for First Community Bank,Jar,4:.0 16��1 N Lary Public My Commission Expires: /2/T//.204'V COMMONWEALTH Q RZOMI..LAr `'O{ 1/aagnntcr- CITY/COUNTY OF y 1 APIA_ .• The fo pin .instrume was aclmowled ed before me this day day o 200.1 by 541 B�+ t• 1ApliA. SV n;er kj,A;A r First Community Bank, Ince-,�a. Jjj��((�� OFFICIAL SEAL ) . OX-AJI-Lk , NOTARY PUBLIC I IY� 7 +, STATE OF WEST VIRGINIA Not Pu`bl'ic C F ERIN At.CARVER I� : a.�'r z,1 Fer>�RALst. My Commission Expires: �, o� ewerla abw zerm My cornHelon envoi•APO 0%2g" RECORDED IN CLERKS OFFICE OF ALBEMARLE ON OR TAX PD waY 23,2004AT 4:08:48 PM AS REQUIRED BY VAR CODE 058.1.802 STATE:80.00 LOCAL:$0,00 ALBEMA- CO !i%,4j�!1 2 c4)1 Book: 2678 Page: 425 FileNumber: 2004-00001386 Seq: 12