HomeMy WebLinkAbout08-11 Deed#11
JAMES BRILL
TO : • :: DEED
DMI[AR SAVILLE
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THIS DEED made and dated this 4th, day of January, 1946,
by and between James Brill, single, party of the first part, and Delmar Saville, party of
the second part.
WITNESSETH: That for and in consideration of the sum of
Ten Dollars ($10.00) cash in hand paid, and other good. and valuable consideration, the
receipt of all of which is hereby acknowledged., the said party of the first part does
hereby grant, sell, and convey, with general warranty of title, unto the party of the
second part, his heirs and assigns forever, a certain tract or parcel of land, containing
1-1/3 acres, more or less, together with all improvements and appurtenances thereto
belonging, lying and being situate along the Western side of what is known as the ldountain
Road, about 12 miles North of White Hall, in Stonewall District, Frederick County, Virginia,
described as beginning at a corner to Canter Milburn's land on the Western side of said
Mountain Road, and running thence with said Mountain Road in a Southern direction a
distance of 13 poles to a stone corner to the other land of James Brill; thence in a
Western direction with his land a distance of 24 poles to a Dogwood corner; thence in a
Northern direction, still with Brill, a distance of 4 poles to a Black Oak corner to
Canter Milburn; thence with his land in an Eastern or Northeastern direction a distance
of 28 poles to the point of beginning, and being a portion of that certain larger tract
or parcel of land, which was conveyed to the said James Brill by C. H. Bailey and W. A.
Bailey, Executors of C. P. Bailey, by deed dated August 22, 1941, and of record in the
Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 184,
page 3"4.
The aforesaid grantor covenants that he has the right to
convey the said land to the aforesaid grantee; that the said grantee shall have quiet
possession of the said land, free from all encumbrances; that he has done no act to
encumber the said lend; and that he will execute such further assurances of said land as
may be requisite.
Witness the following signature and seal.
Witness to markhis
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VIRGINIA RITTER. ES X BRILL (Seal)
mar
State of Virginia
County of Frederick, to -writ:
I, Virginia Ritter, a notary public in and for the County
of Frederick, in the State of Virginia, do hereby certify that James Brill whose name is
signed to the foregoing writing bearing date of January 4, 1946, has personally appeared
before me in my county aforesaid, and acknowledged the same.
-?;cr; ri;,•;s?,•?t*,r?WR1*.1111**1* Given under my hand this 4th day of January, 1946.
REVENUE ST&PS MY commission expires 14arch 24, 1948.
$0.55
CANCELLED ?s
VIRGINIA RITTER
- 1 ooFary-75=1
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VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 4th
day of January 1946 at 2:35 P.W. and with certificate of acknowledgment thereto annexed
was admitted to record.
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L, #12
CHARLES L. L.EHNIS 1T UX
6/16 TO EEOF TRUST
JOS. B. NLIN, TRUSTEE
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This Deed -of -Trust made this 10th day of December, 1945,
! by and between Charles L. Lehnis and Janet L. Lehnis, his wife, parties of the first
part, Jos. B. Newlin, Trustee, party of the second part, and R. L. Pangle, party of the
a�
third part, -----------
WITNESSETH: That the said parties of the first.part, for
and in consideration of the cash sum of One Dollar, the receipt of which is hereby acknow-
ledged, do hereby grant and convey unto said party of the second part, as Trustee, that
�ertain Lot or Parcel of land, together with the buildings thereon including a duelling
ouse and filing station, situate in Shawnee hagisterial District Frederick ick County, Va.,
rn the southeast side of the Northwestern Turnpike and more particularly described in a
eed bearing even date herewith from said R. L. Pangle and wife to said parties of the
irst part. Also filling station, store and lunch -room equipment.
T -
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IN TRUST, NEVERTHELESS, to secure the prompt and full pay-
ent, principal and interest of two certain deferred purchase money bonds, bearing even
Je herewith, drawn by said parties of the first part and payable to R. L. Pangle or
rder, one for the principal sum of $2,000.00;, payable on or before one year after date,
^and the other for the principal sum of $2,250.00., payable on or before two years after
ate, both of like priority, and bearing interest from date at the rate of Five per cent
yer annum, payable semi-annually, and both containing waivers of the Homestead Exemption.
Also to secure the payment of Taxes and Fire Insurance premiums.
If default be made in the payment of any part of said debt
or any installment of interest, or any Fire insurance premium when due, or if the' taxes
on said real estate are allowed to become delinquent then the whole of said debt may be
declared to be due and payable by the lawful holder of said indebtedness, and it shall
become the duty of said Trustee, when requested in writing by the lawful holder of said
due debt, to sell the real estate hereinbefore described and conveyed, as provided by the
provisions of Section No. 5167 and amendments thereto of the Code of Virginia.
Exemptions waived. Subject to all upon default. Renewals
•��• '
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�`��y.''' �� THIS DEED made and dated this 6th day of January, 1966, by and
etween Delmar Saville and Myrtle M. Saville, his wife, parties of the first
part, and James W. Saville, party of the second part.
WITNESSETH: That for and in consideration of the sum of One Dollar
($1.00) cash in hand paid, and other consideration deemed valuable at law,
(the receipt of all of which is, hereby acknowledged, the said parties of the
I
!first part do hereby grant, sell, and convey, with general warranty of title,
unto the party of the second part, his heirs and assigns forever, a certain
llot or parcel of land containing 0.4 acre, more or less, together with all
(rights, privileges and appurtenances thereto belonging, lying and being I
situate along the Western side of what is known as the Mountain Road, about.
�jl� mile North of White Hall, in Stonewall District, Frederick County, Virginia,
ldescribed as beginning at a point on the Western side of said road, a corner to
i
the land of Milburn, and running thence Westward with Milburn a distance of
i
13 rods and 3 feet, more or less, to a corner to the remaining land of Delmar
Savill@;thence with his remaining land a new straight division line Southward
i
a distance of 3 rods to a stake corner; thence Eastward, still with the
i
!remaining land of Delmar Saville, a distance of 133 rods to a stake corner
on the Western side of said road; thence therewith Northward a distance of
7 rods to the point of beginning, and being a portion of that certain larger
lot or parcel of land that was conveyed to the said Delmar Saville by James
r
Brill, by deed dated January 4, 1946, and of record in the Clerk's Office of
the Circuit Court of Frederick County, Virginia, in Deed Book No. 194, page
363.
The aforesaid grantors covenant that they have the right to convey
the said land to the aforesaid grantee; that the said grantee shall have quiet
possession of the said land, free from all encumbrances; that they have done
no act to encumber the said land; and that they will execute such further
assurances of the said land as may be requisite.
j Witness the following signatures and seals.
(Seal)
(Seal)
State of Virginia
County of Frederick, to -wit:
( -^
I, v%d�� `�� ' 1 , a Notary Public in and for the County
of Frederick, in the State of Virginia, do hereby certify that Delmar Saville
and Myrtle M. Saville, his wife, whose names are signed to the foregoing
writing bearing date of. January 6th, 1966, have personally appeared before
me,in my county aforesaid, and acknowledged the same.
Given under my hand this d -day/of January, 1966.
My commission expires a"ll!J, ht
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fU Nota/ry Publi94 r ,(
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WITNESSE" That for and in consideration of the sum of Dollar
($1.00) cash in hand paid, and other consideration deemed valuable law,
I
the receipt of all of which is,hereby acknowledged, the said
parties of the I
I
first part do hereby grant, sell, and convey, with general warranty of title,
unto the party of the second part, his heirs and assigns forever, a certain
lot or parcel of land containing 0.4 acre, more or less, together with all
rights, privileges and appurtenances thereto belonging, lying and being
situate along the Western side of what is known as the Mountain Road, about.
1k mile North of White Hall, in Stonewall District, Frederick County, Virginia,
described as beginning at a point on the Western side of said road, a corner to
the land of Milburn, and running thence Westward with Milburn a distance of
13 rods and 3 feet, more or less, to a corner to the remaining land of Delmar
Savill@;thence with his remaining land a new straight division line Southward
a distance of 3 rods to a stake corner; thence Eastward, still with the
i
remaining land of Delmar Saville, a distance of 13� rode to a stake corner �
on the Western side of said road; thence therewith Northward a distance of
7 rods to the point of beginning, and being a portion of that certain larger
lot or parcel of land that was conveyed to the said Delmar Saville by James
f
Brill, by deed dated January 4, 1946, and of record in the Clerk's Office of
the Circuit Court of Frederick County, Virginia, in Deed Book No. 194, page
363.
The aforesaid grantors covenant that they have the right to convey
the said land to the aforesaid grantee; that the said grantee shall have quiet
possession of the said land, free from all encumbrances; that they have done
no act to encumber the said land; and that they will execute such further
assurances of the said land as may be requisite.
Witness the following signatures and seals.
(Seal)
(Seal)
State of Virginia
County of Frederick, to -wit:
I, ✓ ��`� ' I a Notary Public in and for the County
of Frederick, in the State of Virginia, do hereby certify that Delmar Saville
and Myrtle M. Saville, his wife, whose names are signed to the foregoing
writing bearing date of. January 6th, 1966, have personally appeared before
me, in my county aforesaid, and acknowledged the same.
Given under my hand this d day of January, X1966./
My commission expires
VIRGINIA FRMf3RlCK CCd1NT`f, SCT.
Th' jnstry , f M os produced to ms on the
`, i and with cerliticate of ckr
to record. �.
_
No�ubli
`day of�
iadameniihere eaed was � r(i
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Virginia Records Search
Page 2 of 2
824 #2086
DEED ORTRUST
8K562PG824
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THIS IDEED OF TRUST, made this 20 slay of Juix 19 83 by rind
JAMES W. SAVILtE AND FREDA V. SAVILLE, his wife , hereinafter referred to as Gra
Philip E. Groves and Michael ffadinski , who reside is Winchester
Virginia. and Charlottesville , Virginia, respectively, Trustees, hereiwfter referred to as
WITNESSETH: For and in consideration of this deed and of 11.00 cash and other valuable consideration, the receipt w
acknowledged, the Grantor grants and conveys to the Trustees, with General Warranty of Title, the following described property:
A certain lot or parcel of land containing 0,4 acre, more or leas. together v
all rights, privileges and appurtenances thereto belonging, lying and being situat
along the Western side of what is known as the Mountain Road, about 1h miles north
White Hall. In Gainesboro District (formerly Stonewall District), Frederick Count
irginia. described as beginning at a point on the western side of said road. a cc
c 1% ha land.of Milburn, and running thence westward with Milburn a distance of 13 rod
~u `53 feet, more or less, to a corner with the remaining land of belmar Saville, thenc
4 with his retraining land a new straight division line southward a distance of 3 rod
r stake corner. thence eastward. still with the remaining land of Delmar Saville.
-� istance of 13tj rods to a stake corner on the western side of'said lot. thence the
tt inorthward a distance of 7 rods to the point of beginning, and being the same land
a
'Zconveyed to the Grantors herein by deed dated January 6. 1966. of record in the
:!)Frederick County Circuit Court Clerk's Office in Deed Book 328, at page 639, to wt
`�4 preference is made for a further description of the parcel herein conveyed.
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Together with all houses, buildings, improvements and fixtures now or hereafter erected on the property, as well as any unarm
insurance premium with respect to the property, all of which are hereby pledged. assigned, transferred, and set over unto the Trustees
now due or hereafter to become due, are all hereinafter referred too the "Property."
In Trutt, to secure the repayment ot(a) the indebtedness evidenced by a certain negotiable promissory note of even date herewith I
Finance One Mortgatte of Virginia. Inc. crordaat Winchester. Virginia
together with any modifications or extensions thereof, made by JAMES W. SAVILLE_6 FREDA V, SAVILIAh principal s
S._4976.34_ together with interesl at the rate of 25.059 per year, payable in _3-15- consecutive psyrnents, begi
Sept. 1 . .19_81 and continuing on the same day each month thereafter until the entire indebtedness evidence
note is paid in full and (b) all other sums, with interest thereon at the highest rate permitted by applicable law, advanced in accordance M
protect the security of this Deed of Trust or the performance of the covenants and agreements contained herein.
NOTICE: THE DEBT SECURED HEREBY 1S SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING
MODIFIED IN EVENT OF THE SALE OR CONVEYANCE OF THE PROPERTY CONVEYED.
The Grantor further covename and agrees to (A) promptly pay when due all taxes, levies, asstssments and charges upon the Propert:
improvements on the Property in tenantable condition; (c) not permit waste to be suffered or committed upon the Propeny; ld) prom f
accordance with its terms any indebtedness secured by a lien on the Property superior to the lien of this Deed of Trust.
The noteholder hereunder is authorized but shall in no way be required forthc account of the Grantor to make any required paym
any lien prior hereto, or under this Deed of Trust to protect the security of this Decd of Trust or to insure the performance of the cove
agreements contained herein, All such sums shall bear inierat from the date ofadvance as provided for herein, shall be repayable on dem
attach to and become a part of the lien created liereunder, and the failure to pay the same on demand shalli at the noteholders option, cc
default hereunder. - -
This Decd of Trust is governed by and its to be read and construed v ib reference to Sections 55-39 and 55-0 of the Code of Virgil
amended and as now in force:
1. SUBJECT TO ALL UPON DEFAULT
2. MODIFICATION OR EXTENSION PERMITTED
J. SUBSTITUTION OF TRUSTEE PERMITTED
4. ANY TRUSTEE MAY ACT
5. INSURANCE REQUIREDe 25,000.00
6. ADVERTISEMENT REQUIRED-. Five times, which neednotbesuecesdve,laxaewspaperhsvinggeneraleLcuiatios
or county in which the Property or some pan thereof Is located.
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BK562PG825
Page 2 of 2
In the event of any default hereunder, the Trustees shall have the right upon demand of the noteholder, to take Immediate po!
Property, to rent the same at such rentals as they may deem proper, to collect the rents. to make any necessary repairs or replac
Property, and after paying thecosl of renting the Property, collectins tree rents, and the making of any repairs to the Properly, io ■p f
on the obligations hereby secured, and if there is not sufficient stet rental money received to pay the cost of repairs, then any ba
secured hereby and bar interest as provided for herein. A
Any sak or sales hereunder may be as an entirety or at such times, is such order, or in such parcels as the Trustees shall da
No delay or omission of the Trustees or any notch older to exercise any right or power accruing upon any default shall impair an
power or shall beeonstrued to be a waiver of ahysuch default orany acquiescence therein; and everypower and remedy given this D
the Trustees or to the notcholder may be exercised from time to time and as often as may be deemed expedient. No waiver by the Tn
` noteholder ofanysuch default. whether such waiver be full or partial. shallextend to or be taken to affect any subsequent defaullot
rights therefrom.
Grantor will not cell the Property conveyed so long as it shall remain subject to the lien of this Deed of True unless (i) the parch
deed duty executed and recorded assume the obligations of the Grantor hereundcrand the note secured thereby, and (ii) the hold
shall consent in writing to such sale of the Propertyand assumption of obligations (which consent such noteholder shall not he obl
provided, that inch noteholders consent to such sale and assumption shall in iso event relieve the Grantor of Grantor's obligations w
or hereunder.
Upon payment of the debt hereby secured and the performance of all of the covenantsand conditions hereto, the Grantorcw
a the expenses of releasing this Deed of Trust.
Wherever used, the singular number shall include the plural, and the plural the singular.
WITNESS the following signatures and sols as of the day, month, and year first above written.
STATE OF VIRGINIA
CITY! COUNTY OK . C ILJ to -wit:
The foregoing instrument was acknowledged before me this a o day of `-
C Nom, by ��s
rtRWNtA Ri[nCRICK COUNry, SC1.
s {y/ti_r is m I of writing WAS produced to mss on 1. 124SX .. day
at...l= end wRh cedlfkatt of acknowledgment MGM vim admMtN
In taeerd. r, i
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Page 2 of 2
070015 295 DEED
This Deed made this 28th day of September, 2007, by and between Paul Lee NICI
an 1taro ed man , GRANTOR; and Smithfield Properties, LLC, GRANTEE;
WITNESSETH:
That for and in consideration of the conveyance made hereby, the consideration re
the GRANTOR and other good and valuable consideration, receipt and sufficiency of
hereby acknowledged, the GRANTOR subiect to the matters described herein, hereby 1
conveys to the GRANTEE, with General Warranty and English Covenants of Ti
GRANTEE, Smithfield Properties, LLC, the following described real estate, situate, lying
in the City/County of Frederick, State of Virginia, (the "Real Estate"), to wit:
A certain lot or parcel of land containing 0.4 acre, more or less, together with
privileges and appurtenances thereunto belonging, lying and being situate along th
side of what is known as the Mountain Road, about 1 and 1/2 mile North of Whi
Stonewall Magisterial District, Frederick County, Virginia, described as beginning
on the Western side of said road, a comer to the land of Milburn, and runnii
Westward with Milburn a distance of 13 rods and 3 feet, more or less, to a cor
remaining land of Delmar Saville; Thence with his remaining land a new straight
AND BEING the same property conveyed to Earl M. Nicholson, Sr., by Df
November 10, 1997, from James W. Saville, recorded in Deed Book 891 at P;
among the land records of Frederick County, Virginia.
NOTE: The said Earl M. Nicholson, Sr. departed this life on December 27, 2004.1
Last Will and "Testament of Earl M. Nicholson, Sr. which is recorded as Will
050000008 among the land records of Frederick County, Virginia, Paul Lee Nichc
devised the above described property.
The Real Estate is conveyed subject to all recorded easements, conditions, restrict
agreements that lawfully apply to the Real Estate or any part thereof
Tax Map Number: 22-A-20
Grantee's Address: '412 Sint rt4 FIELD AUE1►.CJE t WI Q 11ES-TEK,✓A ,nt-pc
Consideration: $10,000.00
RGS Case No.: J7-1116
Underwriter: Investors Title Insurance Company
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PREPARED BY
lww OFFICES
SNREVES, SCNUDEL,
DEVDL, SAUNDENS,
JACKSON, CLARKE&
PARELLD, PLLC
1355 H.." Road,
Sud. 100 A
McLean, VA 221D1
(703)903-9100
FAX (703)9D3-9608
Page 2 of 2
RGS Case No.: J7-1116
Witness the following signatures and seals:
Paul Lee NICHOLSON
State of Virginia
County/City of -
1, the undersigned, a Notary Public for the jurisdiction aforesaid, do certify th.
NICHOLSON whose name is signed to the foregoing document, bearing the date of t]
of September, 2007, acknowledged the same before me in my jurisdiction aforesaid, th
of- !�e14P1.34Z`
My commission expires:
(( 7,0226-7
4NoPVubli
James L. Johnson
Notary Public
Commotn�we lth of Virginia
My Commission Fac fres
rviNovember
30, 2009
VIRGINL FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
2 - a6- a 7 at / 0'T PA
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ Af' 010 , and 58.1-801 have been paid, if assessable.
46.04 " -.'� , Clerk
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1329 C-0#Sh
WW4b.or. VA
040012340
THIS DEED OF GIFT, made and dated this 2 9'k' day ofJ�
2004, by and between Earl M. Nicholson, Jr., herein called the Grantor, and
Earl M. Nicholson, Jr. and Madge M. Nicholson, husband and wife, herein
called the Grantees.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
and other good and valuable consideration, the receipt of which is hereby
acknowledged by the Grantor, the Grantor does hereby grants and conveys,
with General Warranty and English covenants of title unto the Grantees, in fee
simple, as tenants by the entireties, with rights of survivorship as at common
law, all the following real estate:
All that certain parcel of land containing 1 1/3 acres,
more or less, In Stonewall District, Frederick County,
Virginia, along the western Side of The Mountain Road
about 1.5 miles north of White Hall; AND BEING the
same property conveyed to the Grantor herein by deed
dated March 29, 2004, or record in the Clerk's Office of
the Circuit Court of Frederick County Virginia as
Inshvment No. 040005368.
Reference is hereby made to the aforesaid instruments and the
references therein contained for a more particular descriptions of the property
hereby conveyed.
This conveyance is made subject to all easements, rights of way and
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restrictions of record affecting the subject property.
WITNESS the following signature and seal:
EARL M. NICHOLSON, JR.
STATE OF VIRGINIA,
CITY OF , to -wit:
Acknowledged before me this LI �4 day of_Jkg a 2004 by
Earl M. Nicholson, Jr.
My Commission expires.-- 31, ZeV "7
exotafy PU61C
V1RGINM FREDERICK COUNTY, SCT,
This instrument of writing produced to the on
and with certificate of a owledgement thereto anneked
was admitted to ecprd. T imposed by Sec. 58.1-802 of
S /r , and 58.1-801 have been paid, if assessatrle
4fe4 4444-v . Ckrk
0�'� B989IVG1251
THIS DEED, made and dated this 10th day of November,
1997, by and between JAMES W. SAVILLE, party of the first
part, hereinafter called the Grantor, and EARL M. NICHOLSON,
SR., party of the second part, hereinafter called the
Grantee.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10.00), cash in hand paid and other
valuable consideration, receipt whereof is hereby
acknowledged, the Grantor does grant and convey, with
General Warranty and with English Covenants of Title, unto
the Grantee, in fee simple, together with all rights, rights
of way, privileges improvements thereon and appurtenances
thereto belonging, all of the following realty:
A certain lot or parcel of land containing 0.4
acre, more or less, together with all rights,
privileges and appurtenances thereto belonging,
lying and being situate along the Western side of
what is known as the Mountain Road, about l and
1/2 mile North of White Hall, in Stonewall
District, Frederick County, Virginia, described as
beginning at a point on the Western side of said
road, a corner to the land of Milburn, and running
thence Westward with Milburn a distance of 13 rods
and 3 feet, more or less, to a corner to the
remaining land of Delmar Saville; thence with his
remaining land a new straight division line
Southward a distance of 3 rods to a stake corner;
thence Eastward, still with the remaining land of
Delmar Saville, a distance of 13 and 1/2 rods to a
stake corner on the Western side of said road;
thence therewith Northward a distance of 7 rods to
the point of beginning; LESS AND EXCEPTING a strip
of land granted to the Commonwealth of Virginia to
widen Route 654, dated April 1, ,1972, of record in
the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 390, at
Page 585; AND BEING the same property conveyed to
the Grantor herein by Deed dated January 6, 1966,
of record in the aforesaid Clerk's Office in Deed
Book 328, at Page 639. Reference is here made to
the aforementioned instruments, the attachments
thereto and the references therein contained fcr a
further and more particular description of the
property hereby conveyed.
6CULLY
s 1
ansa
ATTORNEY$ AT LAW
70 SOUTH KENT STREET
WINCHESTER, VIRGINIA
22601
Virginia Records Search Page 2 of 2
BK891136 1258
This conveyance is made subject to all legally enforce-
able restrictive covenants and easements of record affectinc
the aforesaid realty.
WITNESS the following signature and seal:
(SEAL)
11'YBS W. SAVILLE
STATE OF VIRGINIA
'��/���
County/of Y/vavu4 To -wit:
I, 1-0)7a- E• l� ig7`y�j 7�q� , a Notary Public in
and for the State and jurisdiction aforesaid, do hereby
certify that JAMES W. SAVILLE, whose name is signed to the
foregoing Deed dated the 10th day of November, 1997, has
personally appeared before me and acknowledged the same in
my State and jurisdiction aforesaid.
Given under my hand this /D VVY day of November,
1997.
My commission expires �V!! 30{ 200i
Notary Public t:
This instrument was prepared by: -10
`•
George W. R. Glass, Esquire
SCULLY & GLASS JS'�F1
20 S_ Bent Street _--
Winchester, VA 22601
Th s natrumerd o was aced �t9� me o r
day et .18 , at [fly^
and with certificate of aeknowle pme it thereto annL
wal admlttad to record. Tax Imposed by Sec. §8-1-8u� ,::
$ and 158.1-8Q1 have been paid, it assessao-
https://risweb.courts.state.va.us/cgi-bin/display image.p?SAVILLE%2C%20JAMES%20... 9/24/2010