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HomeMy WebLinkAbout17-01 Deed#470 W. H. M. STOVER, ' INCORPORATED # L �6 TO DEED # Via.. MISSIONARY SERVANTS OF THE MOST HOLY TRINITY # #�r�t+mss#�t�s�##�r���r���r+rs►�r#ter ,p THIS DEED made and dated this 24th day of April, 1954, by and between W. H. M. STOVER, INCORPORATED, a corporation created under the laws of the State of Delaware, and authorized to do business in the Commonwealth of Virginia, hereinafter sometimes referred to as the "Grantor", party of the first part; and MISSIONARY SERVANTS OF THE MOST HOLY TRINITY, a corporation organized under the laws of the State of Alabama hereinafter sometimes referred to as the "Grantee", party of the second part. WITNESSETH: That for and in consideration of One Hundred and Forty Thousand Dollars ($140,000) cash, paid by the party of the second part to the party of the first part on or before the delivery of this deed, the receipt of which is hereby acknowledged, the party of the first part doth hereby grant, bargain, sell and convey, with general warranty of title, unto MISSIONARY SERVANTS OF THE MOST HOLY TRINIT its successors and assigns, the following described properties, containing in the aggre- gate Two Hundred and Fifty-seven (257) Acres, more or less, situate in Stonewall Magis- terial District, Frederick County, Virginia, and more particularly described as follows, to -wit: Tract 1: That certain tract of land, improved by a large brick hotel, and other buildings, known as the Jordan Whitv Sulphur Springs Property, situate about five miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of the first part by deed from Gilbert M. Stover and Laura Helen Stover, his wife, bearing date February 26, 1947, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 199 at-: page 362; said tract of land being more particularly desce'ribed with re- ference to the plat and survey thereof made by Richard U. Goode, Certified Surveyor, dated June 4, 1952, attached to and made a part of a certain deed of trust from the party of the first part to J. Sloan Kuykendall and Wayne A. Whitham, Trustees, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 120, as follows: "Beginning at (1) a post in a fence corner, a corner to the land of Bailey and in the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover; thence with Bailey N 63j deg. E 1174 ft. to (2) a point in the center of Road No. 664 and in line with the South fence line of the land of Bailey; -thence with the center of Road No. 664 for the following 3 courses: N 16$ ­deg. E 152 ft. to (3); thence N 81 deg. E 224 ft. to (4); thence N 20 deg. W 333 ft to (5) a point in the center of Road No. 664 and in line with the South fence line of the land of Lockhart; thence with Lockhart S 76 deg. E 602 ft. to (6) a post corner to Orndorff; thence with Orndorff S 15 deg. 05 min. E 838 ft. to (7) a black oak three a corner to Orndorff; thence S 82 deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) a post in a fence corner; thence S 633/4 deg. W 1116 ft. to (11) a point in the center of Road No. 664 and in line with the South fence line of the land of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell's land on the West side of Road No. 664; thence N 83 deg. W 105 ft. to (13) the point of intersection of 2 wire fences; thence with the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak tree at an angle in a wire fence; thence N 36j deg. W 1494 ft. to the point of beginning contain ing 74.49 acres, more or less." Tract 2: That certain tract of land, together with the improve- ments thereon and the appurtenances thereunto belonging, situate on the north side of Road No. 660, about four and one-half miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of the first part by deed from Joseph A. Massie, Jr., Administrator de bonis non, cum testament' annexo of the Estate of H. J. Benner, deceased, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 117, wherein said tract of land is more particularly described as follows: "Beginning at (1) a point in the center of Road lio. 664 and opposite an elm tree in a fence corner on the west side of the road, corner to the land of Rexrode; thence with the North.fence line of the land of Rexrode N 84 deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the north line of Road lvo. 660 with the East line of Hart's land; thence! with the East fence line of the land of Hart and then with the East fence line of Rutherford's land N 36 3/4 deg. W,1819 feet to (4) a set stone at a fence corner; thence with Rutherford for the following Four courses: S 23 deg. W 297 feet to (5) a set stone at a fence corner; thence N 56$ deg. W 900 feet to (6) a set.stone at a fence corner; thence N 171 deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey N 47j deg. E 2327 feet to (9) a set stone near a fence corner; thenc with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence N 50 deg E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. M. Stover S 361 deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 23* deg. E 387 feet to the point of beginni g, containing 183.01 acres, more or less." A reference to said plats, said deeds and deed of trust, and the references contained in said deeds and deed of trust, is here made for further and more particular descriptions of the properties herein conveyed. This deed, and the conveyances herein contained, are made subjec to all the reservations, restrictions, rights of way and covenants contained in the aforesaid deed, and contained in the deeds referred to in the aforesaid deed, and otherwise of public record. Also, in consideration of the aforesaid purchase price, the Grantor does hereby sell, ansfer, assign and set over unto ae Grantee all of those certain articles of personal property listed and described on those certain sheets of paper, marked "Inventory", attached to this deed and made a part hereof. The Grantor covenants that it has the right to convey the title to the said properties; that due and proper action has been taken by W. H. M. Stover, Incorporated, directing the sale and conveyance of the within described properties; that the properties are free of liens and encumbrances, and that the Grantor will execute such further assurances of title as may be requisite. Witness the signature of W. H. M. Stover, Incorporated, by George M. Stover, its First Vice President, and the seal of said corporation, duly affixed and attested by W. H. M. Stover, its Secretary. (SEAL) W. H. M. STOVER, INCORPORATE (Attest: By GEORGE M. STOVER W. H. M. STOVER __nrst vice Presiclent —re cre ary REVENUE STAMPS # $154.00 CANCELLED # State of Virginia County of Frederick, to -wit: I, Blanche L. Roe, a Notary Public in and for the County of Frederick, State of Virginia, hereby certify that George M. Stover and W. H. M. Stover, First Vice President and Secretary, respectively, of W. H. M. Stover, Incorporated, whos names are signed to the foregoing and annexed writing, bearing date on the 24th day of April, 1954, have personally appeared before me and acknowledged the same in my County and State aforesaid. April, 1954. (SEAL) My Commission as Notary Public expires July 9, 1955. Given under my hand and official Notarial Seal this 24th day of BLANCHE L. ROE No& Y�u 11c INVENTORY OF MOVABLE; EQUIPMENT JORDAN'S WHITE SULPHUR SPRINGS March 2, 1951 UNIT ITEM BASEMENT QUANTITY PRICE VALUE Seven foot mirror 1 $ 25.00 Step Ladder 1 5.00 Garden Hose Stable brooms 200 feet — —' 2 50.00 Wire Brush 1 Work Bench & Vise 1 Scythe and Snath 1 LU- ' OU Shovel 1 Rake - Garden 1 Iron Wedge 1 Small Hand Saw 1 Rasp 1 ---- Alemite gun 1 Wheelbarrow 1 Coil of insulated copper wire �'— 15.00 45.00 24 ' extension ladder 17.50 3 x 7 table 4.50 Axe 1.50 C.F RCB Yacht Chairs (BALL ROOM) FIRST FLOOR Rocking Chairs 42a $ 5.00 -( o�..._ Rustic Picnic Tables 6a 2a 27 Inch Toro Lawn Mower - Power Driven 1 New $285.00 24 2-1/2 H.P. 10.00 20.00 Rustic Settees - Power Driven 40.00 Rustic Chairs Picture 2-1/4 of Coliseum (framed) H.P. 1 New 1 225.00 Picture of Classical Ruins (framed) 1 25.00 Rocking Chairs Metal Lawn Table with Parasol S a $ 9.00 25.00 Army Cot Metal Chair la 1 45.00 5.00 5.00 Yacht Chairs (BALL ROOM) FIRST FLOOR Rocking Chairs 42a $ 5.00 $210.00 Rustic Picnic Tables 6a 2a 9.00 54.00 Rustic Lunch Tables 2a 30.00 60.00 Rustic Chairs for Tables 8a 10.00 20.00 Rustic Settees 3a 5.00 40.00 Rustic Chairs 25.00 75.00 Hickory Armed Settees 6a 2a 15.00 90,.QO Hickory Chairs 4a 18.00 36.00 Metal Lawn Table with Parasol la 15.00 60.00 Metal Chair la 30.00 5.00 ?.20 piano player rolls $100.00 Total, Page L ..... $1,395.00 Roger C. Butts Ball Room, First Floor Ping Pong Tables - New cont'd. Fire Place Andirons 2a $ 45.00 $ 90.00 Fire Place Screen 1 set 1 Oak Side Board 1 �-7b.00 Golf Club Rack 1 Ping Pong Paddle Rack 20.00 Plastic Croquet Sets (4 Play) 2a IO�� 10.00 Childrens' croquet Sets 2a 5.00 20.00 Shuffle Board Pushers 6 10.00 Bamboo Lawn Rakes 2 25.00 Badminton Net 1�- Table Tennis Sets 2 Oak Two Door Cabinet 1 25.00 DINING ROOM, FIRST FLOOR Bakelite Top Tables, 30 x 30 11 " " 5a $ 15.00 $ 75.00 24 x 24 DiningRoom Chairs 4a 35a 12.50 5.00 50.00 Wall Cabinets for dishes (10 ft. high, 2a 100.00 175.00 200.00 glass doors) PANTRY, FIRST FLOOR 300 Pound Ice Box 1 $ 100.00 Wall Cabinets for dishes - 10 ft. high, 3a $ 1000 300.00 Step Ladder glass doors 1 Water Bucket 1 KITCHEN, FIRST FLOOR Heavy Table 3" x 6' x 33"- Meat Carving 1 3 Unit Gas Stove (4 burners each with ovens) 1 Hot Water Heater 1 Garbage Pail 1 Rocking Chairs Ocasional Chairs Dressers Stands Floor Lamps Mirrors Rugs, Canvas Cots - Array SECOND FLOOR 5a 21a lla 4a 4a 7a 17a 8a Roger C. Butts 18.00 15.00 35.00 8.00 25.00 20.00 2.00 5.00 $ 500.00 300.00 100.00 $ 90.00 315.00 385.00 32.00 100.00 140.00 34.00 40.00 Total, Page 2 ........ $3,346.00 SECOND FLOOR (cont'd Waste Paper Baskets Steel Cots (with mattresses) Roll Away 15a 2a $ 1.00 $ 15.00 Steel Cot (with mattress) la 30.00 10.00 60.00 Dressing Tables 2a 10.00 Single Beds with Coil Springs & inner- ------ ------- spring mattresses (Simmons) Double Beds (Ditto) 4a 150.00 600.00 Pillows lla 21a 100.00 1100.00 Spreads 9a 4.00 . 84 840 00 Sheets 22a 2.00 4. ..00 Pillow Cases 8a 3.00 1.00 66 Towels Wash Cloths 22a 1.00 8.00 22.00 Hammock l0a la 1.00 Floor Mops 5.002a Brooms 2a Water Bucket la Shower Curtains 2a ------- Slop Jars Steel Cabint - Kitchen 2a�-�-- la ' Oil Heater-- 6 room automatic circulator la 30.00 Coat Hangers 175a 75.00 Ash Trays 15a --- COTTAGE Oil Heater (6 room automatic circulator Tables la $ 75.00 (rou h) 2a �� Frigidaire (gused) la 10.00 Gas Stove (4 burner - used) la 50.00 Water Bucket la 100.00 What -Not Cabinet la ------_ 9 x 12 rug la - Iron cot, mattress & spring la u.00 Rocking Chair la 5.00 Radio - Majestic - used la 9.00 Coat & Umbrella Rack - Mahogany Antique la 25.00 Pillow la 50.00 Double Bed, Mattress & Spring 1 a�---- Kellmer Organ la Miller Organ la 50.00 Window Screens 35.00 9 x 10 rug - IN THE OPEN Picnic Tables 22a $20.00 $330.00 Incinerator la Small Animal Cage la Three Seat Suspension Swing la �-�-- Rocking Type swings 2a 15-00'- 30.00 Seesaws 2a 10.00 20.00 Small child's slide la 20.00 Total, Page 3 $3,068.00 Roger C. Butts MISCELLANEOUS ITEMS 5 Gallon Crock 1 $ 3.00 12 Gallon Crock 1 5.00 Pan 1 Dipper 1 Golf Putters 14a Total .. $ 116.00 Above Items Unpriced, pages 1 through 4 $ 75.00 Chloringting Machine $450.00 Page - $1,395.00 e Total $8,000.00 Page 2 -$3,346.00 Page 3 - $3,068.00 Page 4 - 116.00 $7,925.00 75.00 $8,000.00 Roger C. Butts Franklin Development Foundation, Inc. 6. Further, the following additional property now located in and about the kitchen will be transferred from Franklin to Stover; 1 Kitchen Aid Coffee Mill 1 1 Coffee Urn - 3 piece Stainless Steel Coffee Urn Stand, Stainless Steel Top Oren Base 1 Champion Dishwasher - Stainless Steel (8 China 4 Trays - 4 Silver Trays) Dish Carts - Steel - Rubber Tired Wheels 1 General Food Grinder ¢#35211 (Elec) 1 10 Qt. Hobart Mixer 1 Meat Block 1 1 Mop Potato Bucket Outfit complete with 2 buckets, Cutter dolly and wringer 1 Univex Potato Peeler 1 Victor Walk-in Refrigerator 350 1 1 Victor Walk-in Deep Freeze Refrigerator 0° Beam Scale 1 Globe Meat Slicer 1 1 Duke Steam Table (Gas).with 7 steam .tableans Hotpoint Electric Commercial Stove (1 Oven 1 2 Hotpoint Electric Commercial Fry Kettle 1 Silex Two Unit Coffee Warmers (Elec) with 6 Dining Room Servin Table glass Decanters - wood and linoleum construction Cafeteria Style) 2 1 gallon Thermos Jugs Kysite Trays (Cafeteria Trays) 21 Salad Oil Bottles 68 29 Salt & Pepper Shakers (Glass, Metal Tops) Sugar Bowls, China 44 Oatmeal Bowls, China 119 Coffee Cups, China 127 Coffee Cup Saucers, China 125 3-1/2" Fruit or Dessert Dishes, China 22 Cream Pitchers, China 138 8" Dinner Plates, China 130 4-1/2" Salad or Dessert Plates, China 82 10oz. Water Glasses 65 5 oz. Juice Glasses 24 Dripcut Syrup Dispensers, Glass (Metal Tops - Plastic handles) 134 Stainless Steel Dinner Forks 132 Stainless Steel Dinner Knives 241 Stainless Steel Tea Spoons 144 Dessert Stainless Steel Spoons 72 Stainless Steel Table Spoons 2 Mixing Bowls (small size, aluminum) 1 Can Opener (Wall Type) 1 Eklund Heavy Duty Can Opener 3 Witt Garbage Cans & Covers 1 Universal Food Chopper (small size) 1 Meat Cleaver 1 Corkscrew 1 Dish Drainer 1 Aluminum Double Boiler (large size) 3 Steel Flesh Forks (2 medium, 1 large size) 1 Griddle 1 Meat Hook 2 Ice Cream Dishers 2 Grapefruit Knives 3 6 oz. Ladles 1 Aluminum Pitcher 1 Pan. Stainless Steel 2 Hotel Pans, Stainless Steel 2 Cake Pans, Aluminum Pans 14 x 26 1 Dish Pan, Enamel 1 Dust Pan 3 Sauce Pans, Aluminum 1 Stock Pot Cover, aluminum 2 Stock Pots with covers, aluminum 3 10" Pie Pans, tin 1 Rolling Pin (Wood) 2 Roasters 1 Meat Saw 2 8" Cast Iron Skillets 1 12" Cast Iron Skillet 1 Meat Tenderizer 1 Pr. 9" Stainless Steel Tongs 1 Pr. 6" Stainless Steel Tongs 2 Double Boilers, aluminum 1 Wire Brush (meat block) 1 Retinned Mixing Bowl 1 Pot Cover, aluminum 2 Pot Covers, aluminum 1 Cake Turner, stainless steel 1 cake turner, stainless steel 1 Witt Ge ;ge Can & Cover, Galvanized 4 Steam __ole Covers, stainless steel 1 Collander 1 Biscuit Cutter, tin 2 Witt Garbage Cans & Covers, galvanized 1 Towel Cabinet, white enamel 24 1/2 oz. Creamers, glass 43 3/4 oz. Creamers, glass 1 Lamson Flesh Fork, wood handle 2 Griswold Griddles, cast iron 2 Chef Knives . 2 Boning Knives 1 Steak knife 1 Knife Holders, aluminum 1 1 Gal. Urn Cup, aluminum 10 Jars, (refrigerator storage) aluminum 2 Pitchers, aluminum 1 Stock Pot, aluminum 1 Stock Pot, aluminum 2 Pitchers, aluminum 3 Bake Pans 6 Roasting Pans, blue steel 2 Hotel Pans, white enamel 1 Hotel Pan, white enamel 5 Hotel Pans, white enamel 9 Cookie Sheets, aluminum 2 Aluminum Pitchers 7 Skewers 1 Roast Beef Slicer 1 12" Spatula 1 8" Spatula 1 Tier - Roast Beef 1 Serving Tray, aluminum 6 Hotel Trays, white enamel 3 Tray Stands (wood) 2 Skimmers - Stainless Steel 1 Bakers Scale 1 Egg Slicer (Cast Aluminum Base) 2 Dexter Steels 1 Magic Chef 2 Oven Gas Range The following tools will be transferred from Franklin to Stover: Bar - 30" Wrecking Post Hole Digger Digging Iron Set Pipe Dies, Ratchet Type, adjustable 1", 1-1/4" , 1-1/211, 2" Steel Tooth Garden Rakes Steel Tooth Garden Rake All steel - 2 wheel rubber tires Bag Truck Trowel Wood Chisel Wood Chisel Water Sprinkling Can Galvanized Snow Shovels Lawn Roller Tilting Arbor Bench Saw Saw Table Extension Saw Table Guard Dado Head 8" Combination Saw Blade 1/2 HP Electric Motor (mounted on saw) Claw Hammer Square (small) Hand Saw Hatchet Axe Step Ladder - 6' Wood Chain Pipe Vise Flash Light Compass Saw Steel Wheel Barrow - Rubber Tired Steel Tooth Rake Wood Plane Hand Herbrand Socket Wrench Set Herbrand Sockets Oil Stone Wood Scraper 7. In removing any of its property, whether attached to the premises or otherwise, Franklin agrees to do so without damaging the property and to patch over and paint any holes which may be made in the plaster or woodwork. 1� B Z.z4/F ' // ;z reference is made tohoto copy pyo said Sheet No. 4 of Right of Way Map, showing outlined in red the land conveyed in fee simple which photo copy is hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Highway Plat Book. The said grantor covenants that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet possession of the land, free from all encumbrances, and that he will execute such further assurance of the said land as may be requisite. The said grantor covenants and agrees for himself, his heirs and assigns and successors, that the considerations hereinabove mentioned and paid to him shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, and maintenance of said highway, including such drainage facilities as may be necessary. WITNESS the following signatures and seals: REVENUE STAMPS �E $0.55 # FRED E. UNGER (SEAL) CANCELLED # BETTY L. UNGER (SEAL STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: I, Emory S. Marchant, a Notary Public in and for the State of Virginia at large, do certify that Fred E. Unger and Betty L. Unger, whose names are signed to the foregoing writing, bearing date on the 7th day of April, 1952, have each acknowledged the same before me in my County aforesaid. My term of office expires March 22, 1955. Given under my hand this 8th day of May, 1952. EMORY S. MARCHANT VIRGINIA o ary Public. FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 9:30 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. RE I _0W 0 MWN #883 JOSEPH A. MASSIE, JR. ADMR. # `1'O . •.. DEED � W. H. M. STOVER, INC. THIS DEED made and dated this 15th day of May, 1952, by and be- tween Joseph A. Massie, Jr., Administrator de bonis non, cum testamento annexo of the Estate of H. J. Benner, Deceased, party of the first part, and W. H. M. Stover, Incor- porated, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey, with special warranty of title, unto W. H. M. Stover, Incorporated, its assigns forever, all of the following described real property, to -wit: All of ",at certain tract or parcel of lana near Jordan Springs,) I in Frederick County, Virginia, which descended to J. W. Benner, Sally T oupp, Minnie R. Ware and Henry 1. Benner, as heirs at law of Benjamin Benner, Deceased, and which was conveyed to Henry J. Benner by J. W. Benner, Sarah C. Benner, his wife, Henry C. `1'oupp, Sally C. Toupp, his wife, and Minnie R. Ware, by deed dated April 2, 1895 and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 116, page 471; and is more particularly described hereafter by a survey and plat of i Richard U. Goode, Certified Surveyor, which is attached hereto and made a part of this deed. The description of the property is as follows: All of that certain tract or parcel of land located on the North side of Road No. 660, about Four and one-half miles Northeast of Winchester, Virginia, situate in Stonewall Magisterial District, Frederick County, Virginia, and is bounded as f ollows: Beginning at (1) a point in the center of Road No. 664 and oppo- site an elm tree in a fence corner on the west side of the road, corner to the ­land of Rexrode; thence with the North fence line of the land of Rexrode N 8421 deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of I Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660 said point being the point of intersection of the north line of Road No. 660 with the East line of Hart's land; thence with the East fence line of the land of Hart and then with the East fence line of Rutherford's i land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thence with Ruther-' ford for the following Four courses; S 23 deg. W 297 feet to (5) a set stone at a fence i corner; thence N 5621 deg. W 900 feet to (6) a set stone at a fence corner; thence N 1721 deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8)I a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey N 4721 deg. E 2327 feet to (9) a set stone near a fence corner; thence with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence N 50 deg. E 825 feet to j (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. � M. Stover S 364 deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; I thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a i twin sycamore tree; thence S 232 deg. E 387 feet to the point of beginning, conta'ining j183.01 acres, more or less. The said Joseph A. Massie, Jr., Administrator de bonis non, cum testamento annexo, conveys this property by authority of the aforesaid will of H. J. Benner, Deceased, and by authority of the Circuit Court of Frederick County, Virginia by its order of October 17, 1951 and March 17, 1952 aforesaid. WITNESS the following signature and seal the first date herein- j above written. �reataHfaHeat�xfatHt JOSEPH A. MASSIE JR. (SEAL) REVENUE STAMPS Joseph A. sie, Jr., ni mistrator $7.70 de bonis non, cum testamento annexo CANCELLED # of the Estate of H. J. Benner, 33���sc-u�caf3c�r Deceased STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Juanita R. Roe, a Notary Public of and for the County afore- said, in the State of Virginia, hereby certify that Joseph A. Massie, Jr., whose name is signed to the foregoing writing, bearing date of the 15th day of may, 1952, has this day personally appeared before me in my County aforesaid and acknowledged the same. Given under my hand this 15th day of May, 1952. My Commission expires October 18, 1953. JUANITA R. ROE 1 o ary I UU.L.LU /PO I SVRVCYEO /NAY 24, /9Sr R 'CHAR D U. 60006 CB,QTi F1EO SURVEYv.( l 9 5t I Soo' LOCATED geou-r 4 % Micas AIORTi1EAST OF I/V11vCf/E-STER� S TONE WALL Dli TR/CT , F�YEGEiQ/G K COUNTY , VA. BA/GEY 1< Z VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 12:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. CLERK Jt-:Hf,t>`p#�i#?7-�'h't3P3i-J(�tt+E-,`t•iHHF 6'.iit-:4 ;HHiy'tiFdFii:'r'4itirii-3H(:f #¢884 # W. H. M. STOVER, INC. TO :: : DEED OF TRUST J. SLOAN KUYKEIZALL, ET AL, TRS. #3t-FHHiit7lSt-!f iHtif'1HHFiHHHHHFiHH Hi4HHHi :!-3Hhi�t-f'r: F#?!-;t3t THIS DEED OF TRUST made and dated this 15th day of May, 1952, by and between W. H. M. Stover, Incorporated, a corporation organized and existing under the laws of the State of Delaware, party of the first part; J. .�S_loan Kuykendall and Wayne A. Whitham, 'Trustees, parties of ka P the second part, and the Shenandoah Valley National nk of Winchester, at Winchester, Virginia, party of the third part. WHEREAS, the party of the first part, by deed from Gilbert M. tover and wife, dated February 26, 1947, of record in the Office of the Clerk of the �'ircuit Court of Frederick County, Virginia, in Deed Book 199, at page 362, acquired a -certain tract or parcel of land containing 74.49 acres, together with improvements p(the.reon and appurtenances thereto belonging, known as the Jordan White Sulphur Springs roperty, situate about four and one half miles northeast of the City of Winchester, in Frederick County, Virginia; and WHEREAS, by a certain deed of trust, bearing date !November 15, 1947, of record in the aforesaid Clerk's Office in Deed Book 203, at page 140, the party] of the first part conveyed the aforesaid property to Burr P. Harrison, Harry K. Benham I and J. Edward Thoma, Trustees, to secure the payment of a promissory note, of even date with said deed of trust, in the principal sum of $12,000, upon which there is now a balance due of $8,000; and WHEREAS, the party of the first part has, by deed bearing date the 15th da of May, y, 1952, of record in the aforesaid Clerk's Office, in Deed Book_ , at page acquired, by purchase, 183.01 acres, with improvements thereon and appurtenances thereunto belonging, known as the Benner Farm, situate at Stephenson, in Frederick County, Virginia, for the sum of $7,000; and WHEREAS, the party of the first part has arranged to borrow the sum of $15,000 from the party of the third part, $8,000 of which is to be used for the Purpose of refinancing the balance due on the above-mentioned note of $12,000, secured by a deed of trust on the Jordan White Sulphur Springs property, and $7,000 of which is to be used for theur ose of P P purchasing the Benner Farm, said sum of $15,000 to be secured as hereinafter recited. NOW, THEREFORE,, WITIESSETH: That, for and in consideration of the sum of One Dollar ($1), cash in hand paid by the said Trustees to the parties of the first part on and before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the - _ g y ' parties of the first part do hereby grant and convey,with general warrant of title unto the said J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever, the following described tracts of land in Frederick County, Virginia, to -wit: Tract No. 1 - All that certain tract of land, with improvements, located on both sides of Road 1Vo. 664 about 42 miles Northeast of Winchester, Virginia and situate in Stonewall Magisterial District, Frederick County, Virginia, which is more particularly described in a plat and survey made by Richard U. Goode, Certified Surveyor;, on June 4, 1952, which plat and survey are attached hereto and made a part hereof. Tract No. 2- All that certain tract or parcel of land, with im- provements, located on the North side of Road No. 660, about 421 miles 1Vortheast of Winc pester, Virginia, situate in Stonewall Magisterial District, Frederick County, Virginia,, and bounded as follows: Beginning at (1) a point in the center of Road No. 664 and opposite an elm tree in a fence corner on the west side of the road, corner .to the land of Rexrode; thence with the north fence line of the land of Rexrode N 841 Deg. W 516 feet to (2) a post at an angle in the fence; thence with the 11orth fence line of the land of hexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the 1Vorth side of Road No. 660, said point being the point of intersection of the 1Vorth line of Road No. 660 with the East line of Hart's land; thence! with the East fence line of the land of Hart and then with the East fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thence) with Rutherford for the following four courses; S 23 deg. W 297 feet to (5) a set stone at a fence corner; thence N 5621 deg. W 900 feet to (6) a set stone at a fence corner; thence N 171 deg. W 250 feet to (7},a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey N 4721 deg. E 2327 feet to (9) a set stone near a fence corner; thence) with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence 1V 50 deg. E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. M. Stover S 36j deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 2321 deg. E 387 feet to the point of beginning, containing 183.01 acres, more or less. Reference is hereby made to the aforesaid deeds, the plat attac ed to the Benner deed and the survey and plat of the Jordan White Sulphur Springs prop- erty attached to this deed of trust for a more particular description of the property hereby conveyed. TO HAVE AND TO HOLD the property herein conveyed to the said J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever. BUT UPON `PHIS TRUST, NEVERTHELESS, to secure equally and without priority one to the other ten (10) bonds of the party of the first part, executed of even date herewith, designated as Bonds Nos. 1 to 10 inclusive; Bonds Nos. 1 to 9, in- clusive, are in the principal sum of Seven Hundred and Fifty Dollars ($750), each, and Bond No. 10 is in the principal sum of Eighty Two Hundred and Fifty Dollars ($8250). Said bonds bear interest from dP+e at the rate of six per cent per annum, payable semi- annually, and are payable to the party of the third part or order, at the following times: Bond No. 1 is payable six months from date; Bond No. 2 is payable twelve months from date; Bond No. 3 is payable eighteen months from date; Bond No. 4 is payable twenty-four months from date; Bond M. 5 is payable thirty months from date; Bond iVo. 6 is payable thirty-six months from date; Bond No. 7 is payable forty-two months from date; Bond No. 8 is payable forty-eight months from date; Bond No. 9 is payable fifty-four months from date; and Bond No. 10 is payable sixty months from date. The party hereto of the first part hereby waives the benefit of I all exemptions as to this debt to which it may be legally entitled and this deed of trust is executed to secure the payment of said bonds whatever form the same may assume, by renewal, or renewals, in whole or in part, by change of parties, makers, endorsers, or otherwise, until the said debt shall be finally and fully paid and discharged. The party of the first part covenants that it will keep the i !buildings on the property hereby conveyed insured against fire and other calamity in some solvent insurance company approved by the Trustees, .or the holders of the bonds for the benefit of the beneficiaries hereunder in a sum equal to their fair insurable Ivalue, and the part of the first i y part covenants that it will deposit the policies, with: :standard loss payable clause with full contribution in favor of the 'Trustees, as their interest may appear, with the said Trustees. The party of the first part further cove- inants, in the event of its failure to keep the property so insured and the policies so deposited, that the Trustees may, or the beneficiaries may, at their option, effect such! linsurance and pay the premium thereon, and the money so paid, with interest thereon, !shall become a part of the debt hereby secured, in the event of sale to be paid next !after the expense of executing this trust, and shall be otherwise recoverable from the I !party of the first part as a debt; but there shall be no obligation upon the Trustees, for beneficiaries, to effect such insurance. Failure so to insure, or to maintain said (fire and other calamity insurance, shall operate to cause the principal of the debt here in secured to become due and render enforceable this trust deed, without regard to whether all of said bonds shall have matured according to their tenor or not. I The party of the first part covenants that it will pay all taxes, levies, assessments and charges upon the property herein mentioned and described, which may accrue and become due and payable during the existence of this trust; and the party of the first part further covenants that it will keep the improvements on the property herein described in a tenantable condition, whether such improvements were on the property when the deed of trust was given, or are thereafter placed thereon. i If default is made in the payment of any one of said bonds when The maker of the bonds hereby secured may pay the principal of !any one or more of said bonds before maturity on any semi-annual interest payment date. The party of the first part covenants that it will keep the i !buildings on the property hereby conveyed insured against fire and other calamity in some solvent insurance company approved by the Trustees, .or the holders of the bonds for the benefit of the beneficiaries hereunder in a sum equal to their fair insurable Ivalue, and the part of the first i y part covenants that it will deposit the policies, with: :standard loss payable clause with full contribution in favor of the 'Trustees, as their interest may appear, with the said Trustees. The party of the first part further cove- inants, in the event of its failure to keep the property so insured and the policies so deposited, that the Trustees may, or the beneficiaries may, at their option, effect such! linsurance and pay the premium thereon, and the money so paid, with interest thereon, !shall become a part of the debt hereby secured, in the event of sale to be paid next !after the expense of executing this trust, and shall be otherwise recoverable from the I !party of the first part as a debt; but there shall be no obligation upon the Trustees, for beneficiaries, to effect such insurance. Failure so to insure, or to maintain said (fire and other calamity insurance, shall operate to cause the principal of the debt here in secured to become due and render enforceable this trust deed, without regard to whether all of said bonds shall have matured according to their tenor or not. I The party of the first part covenants that it will pay all taxes, levies, assessments and charges upon the property herein mentioned and described, which may accrue and become due and payable during the existence of this trust; and the party of the first part further covenants that it will keep the improvements on the property herein described in a tenantable condition, whether such improvements were on the property when the deed of trust was given, or are thereafter placed thereon. i If default is made in the payment of any one of said bonds when .. due, or in any renewal, or renewals thereof, when due, or in the payment of any semi- annual installment of interest thereon when due, or in the payment of any sums due for said insurance premiums, or taxes, or if there is a default in any of the other provisions, stipulations, terms or conditions of this trust by the party of the first part, then thej said Trustees shall, upon being requested so to do, in writing, by the lawful holder, or holders, of the bonds herein secured, or any of them, proceed to sell the property herein conveyed as follows: After first advertising the time, terms and place of sale for I at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick County, Virginia, and by such other method as to the Trustees may seem necessary and proper, the said Trustees shall proceed to sell the property here- in conveyed and described as Tract No. 2, at public auction, in front of the County Court House, in the City of Winchester, Virginia, upon the terms of one-third cash on the day of sale and the balance of two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated the day of sale and payable, respectively, one and two years after date, with interest thereon from date until paid, at the rate of six per cent per annum, payable semi-annually, to be secured by a trust deed upon the property conveyed and a Policy of insurance upon the buildings thereon, duly endorsed for the protection of the deferred purchase money debt. j Out of the proceeds of sale, the Trustees shall pay: First: The cost of executing this trust, including the usual 00mmission of five per cent upon the gross amount of said sale to the said Trustees, and 311 legal counsel fees incident and necessary to the enforcement hereof. Second: The debt herein secured, principal and interest, or any part thereof remaining unpaid; and all other sums herein stipulated to be paid. Third: The balance, if any, the said Trustees shall pay to the party of the first part, its successors or assigns. Should the proceeds from the sale of 'Tract No. 2 be insufficient to satisfy the debt herein secured, principal and interest, or any part thereof remaining inpaid, and the other sums herein stipulated to be paid, the party of the first part shall be given the opportunity to tender the amount of such deficiency to the Trustees, in lieu of a sale by them of the property herein described as Tract No. 1. If, however, the party of the first part fails to pay to the Trustees the amount of such deficiency, after first advertising the time, terms and place of sale for at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick 'ounty, Virginia, and by such other method as to the Trustees may seem necessary and proper, the said Trustees shall proceed to sell the property herein conveyed and describ d is Tract No. 1, at public auction, in front of the County Court House, in the City of Ninchester, Virginia, upon the terms of one-third cash on the day of sale and the balanc )f two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated the day of sale and payable, respectively, one and two years after date, with interest thereon from date until paid, at the rate of six per cent per annum, payable semi-annually, to be secured by a trust deed upon the property conveyed and a policy of insurance upon the buildings thereon, duly endorsed for the protection of the deferred purchase money Out of '�e proceeds from the sale of 'frac' No. 1, the 'Trustees shall pay: First: Any balance of the cost of executing this trust in the sale of Tract No. 1, including the usual commission of five per cent upon the gross amount of said sale to the said Trustees, and any balance of legal counsel fees incident and necessary to the enforcement hereof. Second: Any balance of the debt herein secured, principal and interest, or other sums herein stipulated to be paid. Third: The balance, if any, the said Trustees shall pay to the party of the first part, its successors or assigns. i WITNESS the signature of W. H. M. Stover, Incorporated, by Charles E. Stover, its President, and the seal of said corporation duly affixed and attested by W. H. M. Stover, its Secretary: (SEAL) W. H. M. STOVER, INCORPORATED Attest: By CHARLES E. STOVER W. H. M. STOVER Frest en etre ary f State of Maryland I City of Baltimore, to-wit: I, Joseph E. Kraft, a Notary Public in and for the State and County aforesaid, hereby certify that Charles E. Stover and W. H. M. Stover, President and Secretary, respectively, of W. H. M. Stover, Incorporated, whose names are signed to the foregoing and annexed deed of trust, personally appeared before me and acknowl- edged the same in my State and County aforesaid. Given under my hand and seal this 7th day of July, 1952. My Commission as Notary Public expires May 1953. (SEAL) JOSEPH E. KRAFT Vo t ary u is LAND OF' W. H. M. STOVER 74.49 Acres i On June 4, 1952, I surveyed the tract of land shown on the attached drawing, located on both sides of Road No. 664 about 4j miles iVortheast of Winchester, Virginia and situate in Stonewall Magisterial District, Frederick County, I I Virginia. It is bounded as follows: Beginning at (1) a post in a fence corner, a corner to the land of Bailey and in the Bast line of the 183.01 acre tract being conveyed by the Benner estate to Stover; thence with Bailey N 63j deg. E 1174 ft. to (2) a point in the center j of Road No. 664 and in line with the South fence line of the land of Bailey; thence with the center of Road No. 664 for the following 3 courses: 1V 161Q deg. E 152 ft. to (3); thence N 81 deg. E 224 ft. to (4); thence N 20 deg. W 333 ft to (5) a point in the center of Road No. 664 and in line with the South fence line of the land of Lockhart; thence i with Lockhart S 76 deg. E 602 ft. to (6) a post corner to Orndorff; thence with Orndorff! S 15 deg. 05 min. E 838 ft. to (7) a black oak tree a corner to Orndorff; thence S 82 deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) a post in a fence corner; thence S 63 3/4 deg. W 1116 ft. to (11) a Point in the center of Road No. 664 and in line with the South fence line of the land of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell's land on the West side of Road No. 664; thence N 83 deg. W 105 ft. to (13) the point of intersection of 2 wire fences; thence with the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak tree at an angle in a wire fence; thence N 361 deg. W 1494 ft. to the point of beginning containing 74.49 acres, more or less. - Richard U. Goode Certified Surveyor I s LOCK/aART J � I N =e W so •� 333 1 2 6 � I r411 4 MAGNET/CS t/95L 244 w SCAL E / SOO BA/LEY N/c 3 �Sz W h I a' l 6'3 E II' 2I1 N 0R/VD0FF �I I i 0 LAAID o 3 COOPER 3 o W. H. M. S TO VER v .A h H. T- .BLNNE4t Es T• �n 7¢•5 9 ACRES P Z 9 TO O .� W. /-/ . A4• .SrOVER fk SR Iq \ /o /4 3 ,��cM1 1116 ,h ,BELL Z * I S = �E 133-, 13 NB3•Vy i2 JOT ' 11 _ 'II SUAVGYEO ,I UNC 4, /95L LC7GATE0 A60UT '¢ A,C,gARO U. GOOOE z /i/i/LES CERriFiEo SURVEYOR NORTHEAST OF WINCHESTER, OIY BOTH S1,04-5 OF ROAD A/0. 664, /N STONEWAtt D/sTR/cr, FREDERICK COUNTY , VA. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 1;00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record.