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Home My WebLink About02-13 Deed7563-9836 EBY/law Michael L. Bryan 116 S. Braddock St. Winchester, VA !10008511 THIS DEED, made and dated this 26th day of September, 2011, by and between MICHAEL L. BRYAN, SPECIAL COMMISSIONER, hereinafter called the Grantor; and KELLY B. RITTER and PAMELA S. RITTER, husband and wife, hereinafter called the Grantees. RECITALS: A. The County of Frederick, Virginia has previously instituted that certain civil case before the Circuit Court of Frederick County, Virginia styled County of Frederick, Virginia, Plaintiff v. Daniel E. Chrisman, et al Defendants, Case No. CLIO-855 seeking to sell the hereinafter described lot or parcel of land in order to satisfy delinquent real estate taxes. Michael L. Bryan was appointed Special Commissioner and was authorized and directed to make sale of the hereinafter described lot or parcel of land. By Decree Approving Sale Of Real Estate By Special Commissioner And Directing Distribution Of Sale Proceeds By Clerk entered by the Circuit Court of Frederick County, Virginia on September 21, 2011, Michael L. Bryan, Special Commissioner, was authorized and directed to execute a special warranty deed to Kelly B. Ritter, or his designee, being the highest bidder for the Property. An attested copy of said Decree Approving Sale Of Real Estate By Special Commissioner And Directing Distribution Of Saie Proceeds By Clerk is attached hereto and incorporated herein by reference as if set out in full. NOW, THEREFORE, 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 which is hereby acknowledged, the Grantor does hereby grant and convey, with special warranty of title, unto the Grantees, in fee simple, as tenants by the entirety with common law right of survivorship, the following property, to -wit: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate East of Welltown Road (Route 661) in Stonewall Magisterial District, Frederick R Michael L. Bryan 116 S. Braddock St. Winchester, VA County, Virginia, containing 1.000 acre, more or less, designated as Lot 3 on that certain plat dated July 3, 1989, drawn by L. Allen Ebert, L.S., which plat is attached to and made a part of that certain Deed of Correction dated March 27, 1990, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 900002941 (Deed Book 743, Page 1730), which plat is incorporated herein by reference as if set out in full; together with the thirty (30) foot access easement for ingress and egress to Welltown Road (Route 661), as shown on said plat, for the use of the Grantees, their successors and/or assigns; and being the same property conveyed by Deed of Gift dated August 20, 1989, of record in the aforesaid Clerk's Office as Instrument No. 890007663 (Deed Book 727, Page 243). This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. WITNESS the following sigKure anO. BRYAN, Special Commissioner STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the 26th day of September, 2011, by Michael L. Bryan, Special Commissioner, whose name is signed to the foregoing Deed dated the 26th day of September, 2011. My commission expires January 31, 2014. M�41 W.I. a AS /' THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire 116 South Braddock Street Winchester, Virginia 22601 540/545-4130 Nedsl MLB Special Commissioner to Ritter, Kelly and Pamela Michael L. Bryan t 16 S. Braddock St. Winchester, VA O CO CJi VIRGINIA: IN THE CIRCUIT COURT FOR FREDERICK COUNTY COUNTY OF FREDERICK, VIRGINIA, By C. William Orndoff, Jr., Treasurer, Plaintiff V. DANIEL E. CHRISMAN, et al, Defendants t�L CASE NO.: CLIO-855 DECREE APPROVING SALE OF REAL ESTATE BY SPECIAL COMMISSIONER AND DIRECTING DISTRIBUTION OF SALE PROCEEDS BY CLERK WHEREAS, this matter came to be heard upon that certain Motion for Approval of Sale of Real Estate by Special Commissioner and Distribution of Sale Proceeds previously tiled herein. It appearing to the Court that the duly appointed and qualified Special Commissioner, in full compliance with that certain Order Appointing Special Commissioner of Sale and Authorizing Sale entered by this Court on July 6, 2011, offer the following lot or parcel of land for sale, to -wit: Michael L. BryanAll of that certain lot or parcel of land, together with all improvements thereon 116 S. Braddock SI Winchester, VA and all rights, rights of way, and appurtenances thereunto belonging, lying and being O situate East of Wclltown Road (Route 661) in Stonewall Magisterial District, Frederick County, Virginia, containing 1.000 acre, more or less, designated as Lot 3 on that certain plat dated July 3, 1989, drawn by L. Allen Ebert, L.S., which plat is attached to and made a part of that certain Deed of Correction dated March 27, 1990, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 900002941 (Deed Book 743, Page 1730), which plat is incorporated herein by reference as if set out in full; together with the thirty (30) foot access easement for ingress and egress to Welltown Road (Route 661), as shown on said plat, for the use of the Grantees, their successors and/or assigns; and being the same property conveyed by Deed of Gift dated August 20, 1989, of record in the aforesaid Clerk's Office as Instrument No. 890007663 (Deed Book 727, Page 243). Prior to sale, the Plaintiff commissioned an appraisal of the Property, which assigned a fair market value of Twenty Thousand Dollars ($20,000.00) for the Property. The Special Commissioner solicited private offers or bids for the Property; however, no private offers or bids were received by the Special Commissioner. The Special Commissioner gave notice of public sale by advertisement in The Winchester Star, which advertisement was published on August 6, 2011, August 13, 2011, August 20, 2011 and August 27, 2011, as more particularly set forth on that certain Certificate of Michael L. Bryan Publication tiled in this case. In addition, notice of public sale was given to adjacent 116 S. Braddock St Winchester, VA landowners and local real estate brokers. 2 CD cri cx, At a public sale conducted on August 30, 2011, the Property was offered for sale to the highest bidder, and there were competing bidders. Kelly B. Ritter submitted the highest bid for the Property in the sum of Eight Thousand Dollars ($8,000.00). Upon due consideration of the Motion for Approval of Sale of Real Estate by Special Commissioner, the Court finds as follows: (A) That the Special Commissioner has carried out his duties in full compliance with the terms of that Order Appointing Special Commissioner of Sale and Authorizing Sale entered by this Court on July 6, 2011. (B) That the bid in the sum of Eight Thousand Dollars ($8,000.00) submitted by Kelly B. Ritter at public sale for the Property, being the highest bid offered at public sale, is hereby approved. (C) The sale of the Property to Kelly B. Ritter, or his designee, is hereby approved. Upon consideration of the foregoing, the Court ORDERS as follows: (1) The sale of the Property to Kelly B. Ritter, or his designee, is hereby approved. (2) The Special Commissioner is hereby authorized and directed to execute and deliver a Special Warranty Deed conveying the Property to the purchaser, Kelly B. Ritter Michael L. Bryan or to his designee, together with such other documents as are necessary to close upon the 116 S. Braddock St Winchester, VA sale of this Property in consideration of the receipt of the balance of the purchase price in 3 C:) co cash, certified or cashier's check or wire transfer, which sums shall be paid to the Clerk of this Court. (3) Upon receipt by the Clerk of the balance due upon the purchase price in the sum of $3,000.00, the Clerk shall make disbursements as follows: (a) The sum of $3,922.88 shall be paid to Michael L. Bryan, Special Commissioner, for his attorney's fees and costs incurred in this matter. (b) The sum of $4,077.12 shall be paid to the Treasurer of Frederick County, Virginia in order to satisfy a portion of the delinquent real estate taxes due upon the Property. The Clerk is directed to mail a copy of this Decree to all counsel of record. Endorsement of counsel is dispensed with pursuant to Rule 1:13 of Rules of Supreme Court of Virginia. There being nothing further in this matter, this case is hereby ended and the Clerk .s directed to remove the same from the active docket of this Court. JUDGE C JYAN, Special tlichael L. BryaCommissioner 16 S. Braddock Winchester, VA Fax Sales\Chrisman Decree Approving Salt of Real Estate by Special Commissioner S ,Q,odridr t? 1,i1!lJq, r A Copy Attest: Frederick County Circuit Court 4 Rebecca P. Deputy Clerk VIRGINIA FREDERICK COUNTY, SCT. This instrument of writing was produced to me on _Ct -lo1l at o and with certificate of acknowledgement thereto exe was admitted to record. Tax imposed by Sec 58.2.802 of S 55O0 . , and 58.1-80I have been paid, if assessable 4,w 44/r, . Qcrk