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ALMA B. SHADE #
TO: DEED
KEITH A. WILSON
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THIS DEED made and dated this 23rd day of December,
1986, by and Lotween ALMA B. SHADR, widow, party of the first
part, hereinafter called the Grantor, and KEITH A. WILSON,
unmarried, homme sole, party of the second part, hereinafter
called the Grantee.
WITNESSETHt That for and in consideration of the sum
of Ten ($10.00) Dollars, cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby acknowl-
edged, the Grantor does hereby grant and convey in fee simple
absolute, with general warranty of title unto the Grantee, as
homme sole, to be his equitable separate estate, the dower
interest or right of his present or any future wife being
hereby expressly excluded by this instrument as provided in
$63.1-19.1, Code of Virginia, 1950, as amended, all of thet
certain lot or parcel of land, together with the improvements
thereon and the appurtenances thereunto belonging, lying and
being situate in Shawnee Magisterial District, Frederick
County, Virginia, containing 40.0 Acres, more or less, and
designated as Parcel "B" on that certain plat and survey drawn
by Lee A. Ebert, C.L.S., of record in the Office of the Clerk
of the Circuit Court of Frederick County, Virginia in Dead
Book 663 at Page 131 and being a portion of the same land con-
veyed to E. Earl Shade, by deed dated July 16, 1936, from
Clark M. Grim, at ux, of record in the aforesaid Clerk's
Office in Deed Book 171 at Page 5831 and further being a
portion of the land comprising the E. Earl Shade Farms which
wars devised to Alma B. Shade for life, with the privilege to
sell, which will was probated on July 19, 1972 in the afore-
said Clerks Office in Will Book 72 at Page 704. Ref-rence is
further made to that certain Decree entered September 25, 1973
337
338
8x636PG338
in the Circuit Court of Frederick County, Virginia in the suit
styled ALMA B. SHADE, ADMINISTRATRIX c.t.a. OF THE ESTATE OF
E. EARL SHADE, DECEASED vs. ALMA B. SHADE, at al, wherein it
was Adjudged that Alma B. Shade was vested with fee simple
title to the subject realty with the absolute power of
disposal. (Closed Chancery No. 9856). Reference is made to
the aforesaid plat, deed and will for a more particular
description of the property herein conveyed.
This conveyance is made subject to all easements,
rights of way and restrictions of record affecting the subject
property.
The property hereinabove described is to be held and
owned by the Grantee in his own right, as his sole separate
equitable estate, as if he were an unmarried maa, for his sole
and separate use and benefit, free from the control and marital
rights of any present or any future wife, the right of dower
of his present or of any future wife in and to the aforesaid
property being hereby expressly excluded, with full and com-
plete power in the said Grantee to sell, convoy, encumber by
deed of trust, or otherwiso•dispose of said property during
his lifetime without the necessity of any present or of any
future wife uniting in such deed, deed of trust, or other•
instrument, and with full and complete power in and to the
said Grantee, to devise or otherwise dispose of the said prop-
erty by his Last Will and Testament.
The Grantor hereby covenants that she has the right
to convey to the Grantees that the Grantee shall have quiet
and peaceable possession of the said property, free from all
liens and encumbranceal and she will grant such further assur-
ances of title as may be requisite.
2
0
339
BK63GPG339
WITNESS the following signature ands seal:
,G rtlL vi (SEAL)
ALMA S. SHADS
STATE OF VIRGINIA,
OF nn �^, TO -WIT,
I, ��+<�A -_A . `�otno5k I, a Notary Public in
and for the State and jurisdiction aforesaid, do hereby certify
that ALMA B. SHADS, widow, whose name is signed to the fore-
going Deed, dated December 23, 1986, has personally appeared
before me and acknowledged the same in my State and jurisdic-
tion aforesaid.
Given under my hand this //day of JJQ[� �, 19&.
!tY Commission expires c �u nYc�,j�1GYr X30
PUBLIC
�JJ .4,..`` rjt
. LA FA=iat CJuary. s:r.
of witting was produced to mm on tha
M. 3 with cry . � 19_kZ —. at
thereto aaneieJ 7 u
lod b Ta: b &"d by Sec. 58.34.1 of
i 00 and 58.54 have been paid, if ase s.tj
3
340
_.�___ •***tree**oat****tit:see*foe♦ats
#53 ;
KEITH A. WILSON
TO: TRUST t
BENJAMIN M. BUTLER, ET AL, TRS.
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FIRSTAMERICANMAIK e K 6 3 6 P G 3 4 0 Page
BMBtdhc/2330-D DEED OF TRUST
12/23/86
V THIS IS A DEED OF TRUST, made and sitersd Irate this _.?,qday of
19.M„ by and among KET w A_ WIn.Rn?!�_
(hereinafter Individuany and Collectively called "Grantors'); and
QFC. BENJAMIN H. BUTLER of the CITY of -
WINCHESTER
eVirginia, and STEPHEN G. BULTER of the COtRITY o1 FREDERICK
Virginia, Trusteas, any ons of whom may act (hereinafter Individually end e�lecyOf called TFustees'); and Fist
American Bank of Virginla (hereinafter called '•Notaholder').
WITNESSETH: that for and In Consideration of the sum of TEN DOLLARS (S10.00). the Grantors do hereby grant.
" bargain, sen and convey unto the Troslees, WITH GENERAL WARRANTY OF TITLE, certain real property In the
\�`1! COUNTY OF FREDERICK . State of Virginia. more particularly described as bllows:
All of that certain lot or parcel of land, together with the improvements thereon
and the appurtenances thereunto belonging. lying and being situate in Shawnee
Hagisterlal District, Frederiek County. Virginia, containing 40.0 Acres, more or
less. and deeip►ated as Parcel "u" on that certain plat and survey draw by Lee A.
Ebert. C.L.S.. of record in the Office of the Clerk of the Circuit Court of Frede-
rick County. Virginia in Dead Book 464 at Page 13; and being the same property con-
veyLd to Faith A. Wilsonj unmarried, homm,e sole, by deed dated December 23. 1986.
from Alma B. Shade, widow. said deed being of record in the aforesaid Clerk's
Office immediately preceding this deed of trust. Reference is made to the afore-
said plat and dead for a more particular description or the property herein con-
veyed.
Also krrduding (but not sadudIng any 11MUM which would ordinarily be construed as a part of the roatty) (a)
uta fixtures, macttnery, equipment, building materials and other personal property of every nature whatsoever now
or heredw located in or ON or used, or Intended to be used, in con ectionwith the O
i` ProPertY. 9. witRmtt Radiation.peratbru of the above described
d .rldow any and alf storm sashes• storm doors, vestibules• wire screens, wire doors.
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shades• awnings. trees• shrubs• ch burner or other furnace equipment. domestic hot water boner and equip.
meal, and refrigerators, and stoves, used in the building upon said premises and all replacement of and additions
10 the bregoing. at ft time Of the execution of this Deed of Trust. or heroafter eroded thereon. Including, as well.
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IS apyaratus and fixtures and every description of watering• heating• vowllaling, air conditioning, and screening
SM premises; (b) all and singular the Improvements. ways, easements, rights.privileges. and appurtenances to
r, the Sams belonging• or in anywise apportainint; and (c) all proceeds of the conversion. whether voluntary or Invol.
>, treaty, of any of the above described property. Into cash or other liquid claims, Including.wi
ation. all
� payments or proceeds, Including Interest thereon, and the tight to receive some, mayibet made as
gradeany may any sx ,rdss of the right of eminent domain or deed in lieu thereof. Ifis alteration of the
costs a any street and any Injury to or decrease in the value of the shove dof escribed property, together with an
expenses Incurred by the Noteholder M conrection.with the collection of
such awards payments and
proceeds, InCkxfirrg, without 8mblion. reasonable attorneys• lees.
r
As hrrthef security for the debt hereby secured and the Interest thereon and a8 of the sums authorized to be
expended by the Trustees or the Noteholder, the Grantors hereby also sea, transfer and assign unto the Noteholder,
prior and superior b any and all Other claims or demands thereto, On leases of any part of the above described
.. property now or hereafter existing, including all rights of the Grantors as lessor thereunder, and the rows. issues,
t and Intmis of and hem the above described property accrued and hereafter to accrue• with full
Power and autho-
Mty at such holder'ssledion, to celled and give receipts In full for the same 10 apply all sums $o coffeded, less
a reasonable commission thereof which Is hereby authorized to be paid to any agent employed by the Noteholder
i � the txovisions of this Paragraph. and after deduction also a expenditures for re its and upkeep of
property ro the Payment of indebtedness described in and secured by this Deed of Trust. There shall be no
duty upon the Noteholdet however, to exercise such election, and the Nolehofder shall be accountably for only
z such rant, issues, and WCOMe &dually collected by the Noteholder The Noteholder may permit tine Grantors at
any time and from time 10 Was to collect said rents, issues, and income to their own use in which event the same
shall in no way be deemed a waterer by or to work an estoppel upon. the Noteholder thereafter to assert Note-
'" holder's lull right' and authority hwowx 4 provided, further that no W_Ymnt a, sail
•
fat the whole or any portion ol the said shah be _1Y rears• sues. or Income
tient of Ilre Noteholdet If. moreover, rrpori delauft M the anent of Permitted, or valid. without the written con.
"Grsm ors, or their successors In Ute to the �" sill' amount secured in this Deed of Trust.
Or Only part thereof. they shad be Property hereinconveyed.oldfa shall re s remain in possession thereof.
so occupied so " as �y soba �tt� pay to the Noteholder a lair end reasonable rental for the premises
M Possession. 0
An the real property and Psroony property doseribed above shag be retorted to in the aggregate as the "Property:'
I:
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BK636PG34I Paget
IN TRUST, however, to secure to First American Bank of Virginia (a) the payment of a cc. lain note of even date
herewith In the principal amount of FIFTY TIIOUSAND------- ------ ------- Dollars
($50.000.00 ), made by_KEITII A. WILSON. unmirricd
. payable to the order of Noteholder, together with
Interest and all other charges as provided In such note (such note and any renewals and extensions thereof are
hereinafter called the "Note'); (b) the performance of, or compliance with any of the covenants. conditions and
_.. agreements sot forth In any commitment letter. or any other agreements executed by Granters or any other per-
sons liable for the payment of the Indebtedness secured by this Deed of Trust; (c) the payment of all costs and
expenses. Including reasonable attorneys' fees Incurred or paid by the Trustees or by Grantors on account of any
litigation at law or In equity which may arise In inspect to this Deed of Trust or the Property while this Deed of
Trust continues, and of all moneys which may be advanced as herein provided for the protection of the lien and
security Interest of the Noteholder In and to the Property, with Interest at the rate of two percent per annum above
the Interest rate provided'in the Note on all such costs and sums so'edvanced from -the date of such advance
and (d) the performance of all the covenants and agreements of the Grantors contained in this Deed of Trust.
Grantors will not, without the prior written consent of the Noteholder, permit or suffer to exist any lien or encum-
brance on the Property. or any legal or equitable Interest in the Property, or any part of the Property, either inferior
or superior in right to the lien of this Deed of Trust; provided, however, that if the Property is comprised of residen
dal real properly containing less than five dwelling units, arty provision In this Deed of Trust which prohibits the
further encumbrance of the Property subordinate to this Deed of Trust shall be of no force or effect.
Grantors will not, without the prior written consent of the Noteholder, lease, bargain, sell, transfer, assign or con-
vey the Property, or any portion of. or any legal or equitable interest in, the Properly. If Grantors (or any of them)
are not natural persons but a corporation, partnership, trust or other legal entity, then the bargain, sale, transfer
or assignment of any stock, partnership interest or any beneficial Interest In Grantors (including without limitation,
transfers resulting from mergers, consolidations or liquidations, and excluding transfers by devise or by operation
of law) without the prior written consent of Noteholder Shap be deemed to be in contravention of the provisions
of the first sentence of this paragraph.
Except as otherwise provided In this Deed of Trust, this Deed of Trust shall be construed In accordance with
the provisions of Section 5559 of the 1950 Code of Virginia, as amended.
Should one of the Trustees herein named die or decline or fail to execute this Deed of Trust, then the other Trustee
shall have all the ride. rights, powers and authority. and be charged with an the duties that are hereby conferred
or charged upon both, unlm and until a Co -Trustee be appointed; but In any such event, or if both Trustees so
the or decline or tall to execute this trust, or for any other reason If the Noteholder shall so desire, the Noteholder
Is hereby authorized and empowered to appoint by an instrument recorded where this Deed of Trust is recorded,
another or two other Trustees in the place and stead of either or both of those herein originally named or In the
place and stead of any other Trustee or Trustees later substituted therefor, all of whom successively shall while
so acting have all the title, rights, powers and authority, and be charged with all the duties that are conferred or
charged upon the Trustees herein originally named. Such powers to appoint a substitute Trustee or Trustees shall
not be deemed exhausted by any one or more such appointments, but rather shall continue unimpaired regardless
of the number of prior appointments, and the recitals In every appointment shall be conclusive of the facts therein
stated.
The Branton covenant: to pay an Was and assessments on the Property when due and immediately thereafter
exhibit the official receipts to the Noteholder; to keep the Improvements now on the Property or any that may here-
after be erected Insured, for such coverage Including fire. with extended coverage, for such amount (not less than
the amount of the indebtedness secured), and with such company or companies, as may be required by or accept-
able to On Notehotdst: and to Assign the same with loss payable to the Noteholder, and any amount received from
said insurance shall be applied in reduction or payment of the debt hereby secured or to the repair or rebuilding
of the improvements, as the Noteholder may direct; to pay promptly any and all suns which have or may at any
rime hereafter bac. me dun for labor and materials furnished In or about the consuuction of any Improvements
on the Property, and to seusly forthwith any Indebtedness for which a notice of intention to claim mechanics' or
metoflr'-eWs Hens may at any time be filed against the Property; not to do or sutler to be done anything to depreciate
or impair the value of the Properly; to pay or perform. or cause to be paid or performed. all sums secured by,
and all c"nants and conditions under. any other lien or deed of trust on the Property, whether Inferior or superior
In right to this Deed of Trust; and upon defauh or neglect In the performance of any of said covenants the Note-
hofdor may at Its option declare the entire Indebtedness hereby secured due and payable immediately, and may
afs0. but Shap not be required to. pay such taxes and assessments. and have the Improvements Insured, and pay
arch safbfy any debit for labor and materials dxnlslted In, on. or about the Property, arch take steps to proven! deprod.
Won or knpskmord of this value of the Property; and cure any default under any Inferior or superior fen or deed
of frost: and all such expenses shall be somffW by tills Deed of Trusl, repayable upon demand, and shelf bear
Entered at the rate of two percwtt per annum above the li twist roll of the Note, from IM date of any such payment
or payments.
F,
341
342
j
BX636Pc342 P'p'3
The Grantors agree, at the option of the NoleholdiK to make an additional payment to the Notsholdsr monthly
during the time that the Indebtedness remains unpaid, of an amours equal to one-twenth of annual taxes and assess-
ments andlor premiums for Insurance on the Property.
Each of the following shall constitute an event of Default under this Deed of Rust: (a) it there Is any default In
the payment of principal or Interest or any other amount due under the Note when such payment is due; (b) If
there Is any default In the performance or observance of, or under the terms of, any warranty, covenant or other
provision of the Note, the Agreement or this Deed of Trust, or in the payment of any other amount secured by
this Deed of Trust; or (c) If there Is any default under any other lien or encumbrance on the Property, or any legal
or equitable Interest In, or any part of, the Property, either Interim or superior In right to the lien of this Deed of Trust.
In the event of Default, In addition to any other rights and remedies available to the Noteholder, the Noleholder
may direct the Trustees to sell, and the Trustees shall then sell, the Property at public auction for cash upon the
premises, or at the pont door of the court house of the county or city whore the Property is located or at some
other place In such county or City selected by the Trustees (and a bidder's deposit of as much as 10% of the prin-
cipal then due on the Note may be required), after advertising the time, terms and place of sale In at least Iwo
weekly issues of some newspaper either published or having general circulation In such county or city, at the dis-
cretion of the Trustees, and shall convey the same to, and at the crest of, the purchaser, who shall not to required _
f to see to the application of the purchase money, and from the proceeds of the sale, shall pay, unless otherwise
c provided by applicable law, first, to discharge the expenses of executing this Deed of Trust, Including a commission
to the Truslees of live percent of the gross proceeds of sale: secondly, to discharge all taxes, levies, and assess-
ments, with costs and Interest it they have priority over the lien of this Deed of Bust, including the the pro rata
t, due thereof for the current year; thirdly, to discharge In the order of their priority, it any, the remaining debts and
obligations secured by this Deed of Thuit, and any liens of record Inferior to this Deed of Trust, with lawful interest;
and fourllily, the residue.ol the proceeds shall be paid to the Granton or their assigns; provided, however, that
the Ih l.s as to such residue shall not be bound by any inheritance, devise, conveyance, assignment or lien
of or upon the Grantors' equity, without actual notice thereof prior to distribution.
I` The power of sale above granted may be exercised at different times as to different portions of the Property,
f and If for any.reason any executory contract of sale shall not be performed, then new contracts may be made
with respect to the same portion of the Property (with or without other portions). 11 Trustees deem it best for any
reason to postpone or continue the sale at any time or from time to time, they may do so. In which event Trustees
shag advertise the postponed sale In the same manner as the original advertisement of We provided for in this
Deed of Trust.
H the Property shall be advertised for sate as herein provided, and not sold, the Trustees shall be entitled to 0
one-half of the commission herein provided, plus attorneys' fees Incurred by the Tnistees, to be computed on the -
amount of the unpaid debt hereby secured at the time of the first advertisement. r
Upon payment of the Note In full and the fulfillment and performance of all of the covenants and agreements
of the Note and of this Deed of That, then upon the request and at the cost of the Grantors, a proper release
and discharge of this Deed of Th ist shed be executed. Until then the Grantors and their successors In title to the
Property expressly waive all rights they may have to demand Interim partial or protanto releases of this Deed of
Thmt. H a sale Is conducted under this Deed of Thust, the persons in possession of the Property so sold shall be
deemed to be lenants at will of the purchaser.
This Deed of Must, to ft extent that It relates to persor..d property. Is a security agreement and shall support
any linarickrg "AMM Bled showings the Noteholder's Interest as a secured party, penholder or creditor with respect
to any personal property mentioned In such financing statement. Grantors shall pay all coats of filing such tinanc.
Ing statements and any extensions, renewals, amendments and releases thereof, and shall pay aN costs and expenses
of any record searches ler financing statements the Noteholder may reasonably require. Without the prior written
consent of the Noteholder, Grantors shall not create or suffer to be created pursuant to the Uniform Commercial
Code any other security interest In said personal property. Including replacements and additions thereto. In the
event of a Default under this Deed of Trust, the Noteholder shall, In addition to all other rights and remedies herein
provided, have all the remedies accorded a secured party under the Uniform Commercial Code.
H Grantors are not the makers of the Note. then Grantors expressly (a) wahre notice of any and all advances
made, from time to time during the continuance of this Deed o1 Trust, by the Noteholder to the maker of the Note;
(b) agree that modifications to the terms of the Note, including, without limitation, modifications extending the term
for payment and adjusting the Interest rate, may be made from time to time betv.oen the Noteholder and the maker
f of the Note without notice to or further consent of Grantors; (c) agree that the Noteholder, without notice to or fur-
ther consent of Grantors, may grant extensions of time and other Indulgences to and renew any of the obligations
of (without regard to the number and length of such extensions, renewals or other indulgences) the maker of the
Note or any other person liable thereon. Grantors further agree that the Noteholder, without notice to or further
consent of Grantors. may release or discharge any persons who aro or may become liable for the payment of the
Note or release or discharge any other collateral for the payment of the Note and that any such release or dis-
charge shall not atter, modify, release or limit the liability of Grantors under, or the validity and enforceability of,
this Deed of Must.
No delay, act or failure to ad by Trustees or Noteholder, however long continued, shall be construed as a waiver
of any of their rights under this Deed of Trust or of any Default. i 060
•
BK636PG343
333
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The nourw , pronowm and verba used In this Dead of Rua shall be conamod as b" of such m rMw and
yandw as the aoread may nquYa.
WITNESS the follow" aipnsttuas and seals:
Admowledgrrwnt form for corporation or partnership:
STATE OF t
NOTICE: THE DEED SECURED HEREBY IS
SUBJECT 70 CALL IN FULL OR THE TERMS
THEREOF BEING MODIFIED IN THE EVENT OF
SALE OR CONVEYANCE OF THE PROPERTY
CONVEYED HEREBY.
GRANTORS:
� d. (SEAL)
KEITH A. WILSON
(SEAL)
It a partnership or corporation:
Name of partnership or corporation (SEUL)
By:
Name of authorized representative:
TWO. y
IN OF ) lo -wit
The lomg q k si w ant was sckrawledped belors ma this day of
to_. by (name d authorized repraasrMadva), _
NGL a (name of corporation or pwUwrsh4* an bahaff of the
eorporallon or pwvareh4
My Ganrnlselon aapkaa:
Oft seal
Notary Public 7
(
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TM Ishp6Mtg Malnmwi was edmwiedged belae me tMaday of
IS i/i�t.. by
KEITH A. VILSON r, 4
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