The URL can be used to link to this page

Home My WebLink AboutSUB201600100 Other 1998-02-01 ., , a c {tet 79-gxv I 11°0 --- ------------- BK i 5? 0r n505 8014 n13 THIS DEED OF GIFT,dated the lit day of February, 1996,is made by and between ROBERT E.MERRILL and JENNIE HOWE MERRILL,husband and wife,in their individual capacities,hereinafter referred to as the Grantors,and ROBERT E.MERRILL and JENNIE HOWE MERRILL,in their fiduciary capacities as Trustees of the Robert E.Merrill and Jennie H. Merrill Trust under Agreement dated January 1, 1995,hereinafter referred to as the Grantees, whose address is Alveley Farm,P.O.Box 111,Greenwood,Virginia 22943. WITNESSETH WHEREAS,the Grantors acquired title to the hereinafter described property by deed of correction dated August 9, 1971 and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 521,page 209; WHEREAS,said property was acquired with cash proceeds from community property in California,and the Grantors acknowledge their retention of the California community property status of their assets in Virginia,as recognized under the provisions of Virginia Code Section 64.1-197,f3[dee„as now in effect; WHEREAS,the Grantors desire to herein retitle said property in the name of the Grantees as Trustees of the Grantors'community property Trust;and WHEREAS,this deed of gift is exempt from recordation taxes pursuant to the provisions of Virginia Code Section 58.1-811 (D); NOW,THEREFORE,in consideration of the premises,the Grantors GIVE,GRANT and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantees all of the Granton'right,title and interest in that certain tract or parcel of land situated 1,400 BK 1 520 ' ,0606 in Albemarle County,Virginia,containing approximately 11.5 acres more or less,together with the improvements thereon and appurtenance appertaining thereto,more particularly described as follows: Beginning at a point in the center line of State Route 691,which point marks the northeasterly end of the property conveyed by the deeds recorded in the Clerk's Office of the Circuit Court of Albanade County,Virginia in Deed Book 394,page 17 and in Deed Book 494,page 634,thence leaving said road N 39.75°W 307 feet to a stone pile,thence S 85°W 950 feet to a point,thence in a straight line south 600 feet more or less to the center line of State Route 691,thence along the center line of said State Route approximately 970 feet to the point of beginning. ' This conveyance is made subject to and together with any and all easements presently of record in the aforesaid Clerk's Office. TO HAVE AND TO HOLD the property in fee simple upon the trust and for the uses and purposes set forth herein and in said Trust Agreement. Full power and authority is hereby granted to the Trustees,and their successors,to protect and conserve the property;sell,contract to sell and grant options to purchase all or any part of the property and any right,title or interest therein for cash or on credit;exchange the property or any part thereof for any other real or personal property upon any terms;convey the property by deed or other conveyance to any grantee,with or without consideration;mortgage,pledge or otherwise encumber the property or any part thereof,with or without consideration;lease,contract to lease, grant options to lease and renew,extend,amend and otherwise modify leases on the property or any part thereof from time to time,for any rental and upon any other terms and conditions; release,convey or assign any other right,title of interest whatsoever,in,to or about the property or any part thereof,with or without consideration. No party dealing with the Trustees or their successors in relation to the property in any manner whatsoever,and(without limiting the foregoing) no party to whom the property or any Nose BK ! 520n0607 part thereof or any interest therein shall be conveyed,contracted to be sold,leased or mortgaged by the Trustees shall be obliged(1)to see to the application of any purchase money,rent,or money borrowed or otherwise advanced on the property,(2)to see that the terms of the Trust Agreement have been complied with,(3)to inquire into the authority,necessity,or expediency of any act of the Trustees,or(4)be privileged to inquire into any of the terms of the Trust Agreement. Every deed,mortgage,lease or other instrument executed by the Trustees in relation to the property shall be conclusive evidence in l vor of every person claiming any right,title or interest thereunder(1)that at the time of delivery thereof the Trust was in lull force and effect; (2)that such instrument was executed in accordance with the terms and conditions hereof and of the Trust Agreement and is binding upon all beneficiaries thereunder,(3)that the Trustees were duly authorized and empowered to execute and deliver every such instrument;(4)if a conveyance has been made by a successor or successors in trust,that such successor or successors have been properly appointed and are bully vested with all the title,estate,rights,powers,duties,and obligations of its,his,or their predecessor in trust. The Trustees shall have no individual liability or obligation whatsoever arising from their ownership,as Trustees,of the legal title to said property,or with respect to any act done or contract entered into or indebtedness incurred by them in dealing with said property,or in otherwise acting as such Trustees,except only so Bir as the trust property and any trust fluids in the actual possession of the Trustees shall be applicable to the payment and discharge thereof A copy of the Trust Agreement mentioned herein shall be Med in the office of Jams N. Delnlein,Attorney at Law,528 East Main Street,Charlottesville,yid,22902. Upon the death,resignation or incapacity of Robert E.Merrill as Trustee,there shall be `rind \.r+' 8K1520 PGfl608 no fiduciary replacement for lnm;and Jennie H.Merrill or her successor shall serve alone. Upon the death,resignation or incapacity of Jennie H.Merrill as Trustee,her successor fiduciaries shall serve jointly and shall be the first of whichever three of the Allowing from time to time who are willing and able to serve:Margaret C.Merrill;Mary Lee Merrill;Robert H.H.Merrill;William G. K.Merrill;Suzanne C.Merrill. The interest of every beneficiary hereunder and under the That Agreement and of all persons claiming under any of them shall be only in the earnings,avails,and proceeds arising from the rental,sale,'or other disposition of the property. Such interest is hereby declared to be ' personal property,and no beneficiary hereunder shall have any right,title or interest,legal or equitable,in or to the property,as such,but only in the eanings,avails,and proceeds thereof as provided in the That Agreement. WITNESS the following signatures and seals: 444',91s4 • (SEAL) Robert E.Merrill • SEAL) Jamie Howe Merrill STATE OF VIRGINIA, CITY OF CHARLOTTESVILLE,to-wit: 94/1/al- .G'��Notary Public in and for the City/County aforesaid,do hereby certify that Robert E.Merrill and Jennie H.Merrill,whose names are signed to the foregoing writing dat . / . 199$,have acknowledged the same before me in my City/County and State aforesaid. Given Under my hand this day of , 19906- AMMIONNOMMININIEMP r et; I520PG0609 My connnission : 4IP /99t - 1 •L i/L No /' , ' 1 SEAL: VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE: THIS DEED WAS Pl9pENTED, AND WITH CERTIFICATE ANNEXED, IS ADMITTED r TO RECORD ON #150-#21 .19415, , AT 110!5?"0'CLOCR ii N. STATE TAX $ (039) ` LOCAL TAX $ (213) TRANSFER FEE $ CM& (212) VSLF $ 'Il (145) CLERK'S FEE $ . �? (301) PLAT $ SEC.58.1-802: TESTS: STATE TAX $LOCAL TAX $ (220) = :14 •NAASHAi.L,CLERR LOCAL TAX $ (223) BY: /' _, 4 /i i/,, I TOTAL $ I S.C.C. is w,4,:,;