HomeMy WebLinkAbout17-16 DeedDo NA
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O T H I S T R U S T E E' S D E E D,
made and entered into this 8th day of July, 2002, by and
between JOSEPH V. BUONASSISSI, II, Substitute Trustee, party
of the first part, whose address is 11350 Random Hills Road,
Suite 600, Fairfax, Virginia 22030, Richard K. KERNS and
Ramona E. KERNS (all to be indexed as Grantors); and, JAMES
E. MYERS and FAYE P. MYERS, husband and wife, as tenants by
the entirety, party of the second part, whose address is
1425 Hunting Ridge Road, Winchester, Virginia 22603 (to be
indexed as Grantee) .
V WHEREAS, by deed of trust dated July 31, 1995 and
N recorded in Deed Book 843, page 121, of the land records of
the County of Frederick, Virginia, Richard K. Kerns and
rf Ramona E. Kerns conveyed the hereinafter described property
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to J. Judson McKellar, Jr. and Donald L. Ritenour, Trustees,
securing payment of the sum of $66,900.00 evidenced by a
promissory note as is more fully set forth therein; and,
WHEREAS, Joseph V. Buonassissi, II, Richard E. Henning,
Jr., Richard A. Lash and Mary Snyder Barry, were appointed
Substitute Trustees by an Appointment of Substitute Trustee,
dated March 13, 2002, and recorded on April 5, 2002 as
"\ Instrument Number 020005636, page 57, of the aforesaid land
records to serve as Trustees, which said rights, powers and
StL4 duties may be exercised either by any one of them acting
Iindividually or by two or more of them acting together in
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the place and stead of J_ Judson McKellar, Jr. and Donald L.
oi l Ritenour, by Virginia Housing Development Authority, the
present owner and holder of the note secured by said deed of
trust; and,
WHEREAS, default was made in the payment of the
aforesaid promissory note, and the said Substitute Trustees
were requested by the owner and holder of said note,
Virginia Housing Development Authority, to sell the said
property pursuant to the terms of the aforesaid deed of
trust; and,
Tax Map No./Pin No. 21-A-14 and 15
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WHEREAS, the said Substitute Trustees, advertised the
time, place and terms of such sale in The Winchester Star, a
newspaper published in or having a general circulation in
the County of Frederick, Virginia, in its issues of June 20
and 27, 2002, the date of said Trustee's sale being fixed in
said notice for July 8, 2002, at 9:00 o'clock, a.m., in
front of the Winchester -Frederick County Joint Judicial
Center (Cameron Street parking lot side), 5 North Kent
Street, Winchester, Virginia; and,
WHEREAS, in accordance with Title 55, Section 59.1A of
the 1950 Code of Virginia, as amended, notice containing the
Trustee's sale advertisement was mailed by certified mail,
return receipt requested, no less than 14 days prior to July
8, 2002, to the owner(s) of the hereinafter described
property at the last known address appearing on the records
of the party secured by said deed of trust, to any
subordinate lienholder holding a note against the property
secured by a deed of trust whose address was recorded with
the deed of trust and to any association lienholder
specified in the aforementioned Section; and,
WHEREAS, in strict compliance with the terms and
conditions of said deed of trust, the said Joseph V.
Buonassissi, II, sole acting Substitute Trustee, did expose
the hereinafter described property for sale at public
auction to the highest bidder in front of the Winchester -
Frederick County Joint Judicial Center (Cameron Street
parking lot side), 5 North Kent Street, Winchester,
Virginia, at 9:00 o'clock, a.m., on July 8, 2002, and the
highest bid received for said property was that of James E.
Myers and Faye P. Myers of $72,000.00 cash; and,
WHEREAS, the said purchase price has been paid in full.
NOW, THEREFORE, THIS DEED,
W I T N E S S E T H,
in consideration of the premises and of the sum of Seventy -
Two Thousand and 00/100 Dollars ($72,000.00), paid to the
party of the first part by the party of the second part, the
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party of the first part does hereby grant, bargain, sell and
convey, with SPECIAL WARRANTY OF TITLE, unto the party of
the second part, as tenants by the entirety with the common
law right of survivorship expressly retained, that is, in
case of the death of either of the parties of the second
part, title to the land hereby conveyed shall vest in the
survivor in fee simple, all that certain real property
situated and being in the County of Frederick, Virginia,
with all rights, ways, easements, improvements and
appurtenances thereunto belonging, described as follows:
PARCEL ONE: All of that certain lot or parcel of land,
containing 41,060 square feet, together with all
improvements and appurtenances thereto belonging, lying
and being situate along the Eastern side of the Hunting
Ridge Road (Virginia State Secondary Highway No. 608)
about seven miles northwest of Winchester, in
Gainesboro District, Frederick County, Virginia, and
more particularly described as Parcel A on a plat dated
October 25, 1956, by Lee A. Ebert, C.L.S., of record in
the Clerk's Office of the Circuit Court of Frederick
County, Virginia, in Deed Book 244, at Page 54. LESS
AND EXCEPT that certain strip or parcel of land,
conveyed to the Commonwealth of Virginia by Deed dated
October 16, 1962, of record in the aforesaid Clerk's
Office in Deed Book 303, at Page 400. PARCEL TWO: All
that certain other lot or parcel of land containing
35,639 square feet, lying immediately East of, and
adjacent to, the above described lot about seven miles
northwest of Winchester, in Gainesboro District,
Frederick County, Virginia, and more particularly
described as Parcel B on the aforesaid Plat. Both
parcels being more particularly described as Parcel A
and B on that certain plat dated October 28, 1994,
recorded in Deed Book 843, Page 120.
REFERENCE is hereby made to said deed of trust and plat
for a further and more particular description of the land
hereby conveyed.
This conveyance is made subject to the conditions and
restrictions contained in the deeds forming the chain of
title to this property.
WITNESS the following signature and seal:
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• Substitute Trustee (SEAL)
o ph V. Buonassissi, II, Substitute Trustee
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STATE OF VIRGINIA
COUNTY OF FAIRFAX, to -wit:
I Denise M. Farley , a Notary Public in and for
the said state at large, do hereby certify that this day
personally appeared before me, JOSEPH V. BUONASSISSI, II,
Substitute Trustee, whose name is signed to the foregoing
deed dated July 8, 2002, and acknowledged the same before me
in said County.
My commission expires: March 31, 2004
GIVEN under my hand and notarial seal this 12th day
of July 2002.
Notary Public s
Return to%
Buonassissi, Henning & Lash, P.C.
11350 Random Hills Road, Suite 600
Fairfax, Virginia 22030
VIRGINIA: FPEDEPUCK CCGUNTy, SCT.
instrument of wriUag, was produced to me on
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