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HomeMy WebLinkAbout16-06 DeedHMBrfmcl 1 /16/86 w qg e0• 0 I M 0 a w 00c .0c 0 0 i oo I M 0 #7801 JAMES L BOWMAN ET. UX. 75 A I O1 TO DEED JASBO, INC. *.k****** *AA AA BK63hrGh99 THIS DEED fade and dated this 16th day of December, 1986, by any between JAMES L. BOWMAN and MARY JANE BOWMAN, his wife, By JAMES L. BOWMAN, her attorney in fact under Power of Attorney dated March 25, 1983 hereinafter called the Grantors. and JASBO, Inc., a Virginia Corporation. party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten (510.00) Dollars, cash in Sand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple, all those certain tracts or parcels of land, lying costly in Frederick County, Virginia, and partially in Clarke County,- Virginke.r as" toHvws: PARCEL ONE, All those certain lots lying and being situate in Opequon Magisterial District, Frederick County, Virginia, being designated lots 1 through 137, inclusive, of Nottoway Subdivision, Section Two, as the same appears on the plat of said subdivision of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 632, at Page 510, and being a portion of the name land conveyed to James L. Bowman by deeds dated December 5, 1949 from Joseph A. Maggie, Jr., et al, Special Commissioners, c' record in the ..aforesaid Clerks Offir_ i.: Deed Book 213 at Page 73 and by deed dated Marc.. 8, 1972, from Robert E. Woltz,et ux, of record in the aforesaid Clerk's Office in Deed Book 387 at Page 497. PARCEL TWO. All that certain tract of land, located Northeast of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, containing 93 acres, more or less, and being a portion of the same land conveyed to James L. Bowman by deed dated Marob 21, 1968, from Edward Nicholson, et ux, -of racord in the aforesaid Clerk's Office it Deed Book :40 at Page 205. 499. parcel of land, lying anBRbbdz efttake on the North side of Senseny Road, Shawnee Magisterial District, Frederick County. Virginia, containing 7.312 acres, more or lees, and being the same property conveyed to James L..Bowman by deed dated June 29, 1982, from Fredericktowne Company, of record in the aforesaid Clerk's Office in Deed Book 550 at Page 799. PARCEL FOURS All that certain tract of land lying and being situate in Opequon Magisterial District, just west of U. S. Highway No. 522, containing 139.9 acres, more or less, and being a portion of the same land conveyed to James L. Bowman from David S. Whitacre, et al, Special Commis- sioners, by deed dated March 25, 1983, of record in the aforesaid Clerk's Office in Deed Book 557 at Page 712. PARCEL FIVES All that certain tract or parcel of land lying and being situate in the Town of Stephens City, Opequon Magis- terial District, Frederick County, Virginia, dciignated es tot No: 75 on the Alen of the Town of Stephens 'City and more par- ticularly described as fronting on the East side of Main Street for a distance of 82.5 feet, more or less, and extending back in an easternly direction for a distance of 250 feet, more or lese, with an even width, and having a width in the rear of 82.5 feet on Mulberry Street, and being the same land conveyed to James L. Bowman by deed dated March 16, 1984, from the Commercial and Savings Bank, of record in the aforesaid Clerk's Office in Deed Book 572 at Page 881. PARCEL SIX: All tho,e certain parcels of land lying and being sit;,. a in. the Town of Stephen,. City, Opequon Magisterial CiJtrict, Frederick County, Virginia, and further eescribed in the hereinafter mentioned as followas Parcel B: That certain other parcel of land Wrova dings, located on building, lot4 and other feet x 125 feet, and located on the West side of Main Street, in Stephens City, Virginia, and being part of the original Bucher property. Parcel F: That certain other lot of land locateC on the East side of Green Street, in Stephens City, Virginia, which lot fronts 70 feet on Green Street, and extends East for a depth of 90 feet, and being also a part of the original Robertson property. and being a portion of the same property con- veyed to James L. Bowman by deed dated May 11, 1981, from Joan E. Lemley, divorced, et al, of record in the aforesaid Clerk's Office in Deed Book 536 at Page 371. er63I r6501 PARCEL SEVEN: All of that parcel of land located on the North side of State High- way No. 277, about one -half (1121 mile East of Stephens City, in Opequon Magis- terial District, Frederick County, Vir- ginia, containing 1.553 acres, more or less, and being the same property conveyed to James L. Bowman by deed dated May 13, 1977, from Simone J. Gates, et vir, of record in the aforesaid Clerk's Office in Geed Book 473 at Page 575. PARCEL EIGHT: An undivided one -half interest in that certain tract of land on the South side of Virginia Secondary Highway No. 277, approximately four (4) miles East of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, containing 143 acres, more or less, bounded by Apperson on the West, Rust on the South, Sandy on the East and the lots known as the 'Clark Survey' on the North, now owned by Emma Beryl Walker, Bertie Clark, Gladys Cornwell and Ruby Madigan, and being the same property a ono -half interest in which was conveyed to James L. Bowman by deed dated _October 30, 1973, from William A. Johnsten, et aI, Trustees, of iecord in the eforesa33" Clerk's Office in Deed Book 421 at Page 606. PARCEL NINE: All of that certain lot or parcel of land, lying and being situate in the Town of Stephens City, Virginia, on the Northwest corner of Main Street and Martin Street, and more particularly described by plat and survey of J. R. Nicely, C.L.S., dated March 9, 1972; and being the same land convoyed to James L. bowman by decd dated December 19, 1984, of record in the aforesaid Clerk's Office in Deed Book 587 at Peg: 19. PARCEL TLW: All those two certain lots of land in Baca. C7^ek Magisterial District, more particularly designated as Lot 6, Block B, Section 5, and Lot 8, Block N, Section 5, Wilde Acres Subdivision, as the same in duly dedicated and recorded among the land records of Frederick County, Virginia, in Deed Book 250 at Page 127, and the Plat of which is recorded at Page 10, in Wilde Acres Plat Book No. 1; and being the same property con veyed to James L. Bowman by deed dated. May 1, 1982, from Ruby T. Smith, widow, of record in the aforesaid Clerk's Office in Deed Book 547 at Page 265. 501 PARCEL ELEVEN: An undivided one -half interest in that certain tract of land lying and being situate mostly in Opequon Magisterial District, Frederick County, Virginia, and partially in Greenway Magisterial District, Clarke County, Virginia, fronting on the West side of Route 522 South of Double Toll Gate and North of Nineveh, known as •vheatland°, bounded on the North by the Will Chamblin Estate property, Raymond Sandy, Demald Patton and Milton Apperson, on the West by Clarence Campbell and others and on the South by Norman Tolkan and others, and containing 817 ores, more or leas, and being a portion of the same property a one -half undivided interest in which was conveyed to L. Bowman by deeds dated September 3, 1971 from Frances C. Jett, widow, et al, of record in the aforesaid Clerk's Office in Deed Book 382 at Page 231 and by deed dated November 30, 1971 from Helen C. Rust, et vir, of record in the aforesaid Clerk's Office in Deed Book 385 at Page 302. :PARCEL TWELVE: All that certain lot of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 10,704 square feet, dosignated Parcel D on plat drawn by H. Bruce Edens dated November 19, 1986, of record in the aforesaid Clerk's Office in Deed Book 633 at Page 110: and being C,e remaining portion of land conveyed to James L. Bowman by deed dated November 1, 15GZ,_ from Robert F. Braithwaite,. et. us, of 'record in the aforesaid Clerk's Office in 'Deed Boos :53 at Page 71 `'PARCEL THIRTEEN: A one -half undivided interest in all those certain tracts or parcels of land, lying and being situate �•fS Sn the Town of Stephens City, Opequon and Back Creek Magisterial Districts, _Frederick County, Virginia, together with the rights, rights of way and appurtenances thereunto belonging containing 252.413 acres in the aggregate and being the remainder of the tracts of land conveyed to James L. Bowman and Shen- Valley Lime Corporation by deed dated September 30, 1983, from The Flintkote Company, Delaware Corporation, of record in the aforesaid Clerk's Office in Deed Book 566 at Page 517. BK63ar6502 NYNMWGe a AOHNSTOE *nom@YB IT LMV YI OESTEMIMO1M 11 r BK922PG0875 THIS DEED OF SUBDIVISION, made and dated this r Q day of ovember, 1998, by and between JASBO INC. a Virginia orporation, hereinafter referred to as "JASBO WHEREAS, JasbO is the owner of certain property lying and eing situate in Opequon Magisterial District, Frederick County, irginia, having acquired the same by deed dated December 16, 986, and recorded in the Office of the Clerk of the Circuit ourt of Frederick County, Virginia, in Deed Book 634 at Page 99; and WHEREAS, Jasbo desires to subdivide said property and has secured the approval of Frederick County, Virginia, to do so. NOW, THEREFORE, THIS DEED OF SUBDIVISION WITNESSETH: That or and in consideration of the premises and the benefits which ill accrue by reason of this subdivision, Jasbo does hereby ubdivide, from a larger tract of land acquired as aforesaid, hat certain parcel of land as more particularly shown on that eitain plat entitled "Plat Showing 17.5836 Acres standing in he name of Jasbo, Inc. made by P. Duane Brown, L.S., dated ovember 11, 1998, attached hereto and made a part hereof. This Subdivision as shown on the aforesaid attached plat is ith the free consent and in accordance with the desires of the ndersigned. WITNESS the following signature and seal: JA BO, INC. a Virginia Corporation By L. (SEAL) K. WSW£ JOHNSTON Angea'I$ AT LAW awoESrt .YUKON 5922PG TATE OP VIRGINIA, AT LARGE, OF 1 4rt-TO -wit: The foregoing instrument was acknowledged before me this ash' day of November, 1998, by James L. Bowman, President of fasbo, Inc., a Virginia Corporation, on behalf of said orporation. My commission expires l.2 3/ ary Public a llawito FINAL PLAT: 17.5836 ACRES standing in the name of JASBO, INC. Opequon Magisterial District Frederick Count Virginia a L a xi esz \1 1 1 r SITE a Vicinity �r� 4,0 Frederick County Zoning Admwtrtrator APPRO 71 BY 7 Date OWNER'S CERTIFICATE The abo and foregoing subdivision of land, as appears in the accompanying plot, is with 1e tree consent and in accordance with the desires of the undersigned o err, pro and trustees, if any. Dote NOTARY PUBLIC L Jenifer D. Williams a Notary Public in and for the State of Virginia, at large, do certify the 1998. Janes L. B ineein an Prrciflent of ,Taclvy Inc whose name is signed to that foregoing Owner's Certificate, Given under My commission has acknowledged the same before me in my state. hand this 16th day of tbttbe>; my expires 1Y+rsmlxr Thf^— SURVEYOR'S TLFI TE 1 hereby certify that the land contained herein Is a portion of the land conveyed to JASBO. INC. from James L Bowman and Mary Jane Bowman by deed dated December 16. 1986, said Deed Book recorded in the Office of the perk of the Circuit Court of Frederick County, Wginio in 634 at page 499. nn �Ar{O7Ta re- fROWN H OF •p! p G l DUANE U ya.L IB.w. 9 UOw NO. 1265 A/ov, 1998 t 1 y a same" P. Duane Brown, L.S. >he roperty represented herein is o Daffier of the property shown on Frederick County Tax Map 75((A)) as Parcel 104. DALE NOVDABER 11, 1996 I COVER SHEET 1 FILEhk WAR \B2ZONE.DWC Oben w. Gafford 3 aaodata. iw. ENGINEERS UND PLANNERS SURVEYORS FLEET o f 2 11104 title tkeewl& O$. Vey y *Oil 32401 t W MOT ea-rm BK922260877 ARASORI a .oresronxc ATTORNEYS AT LAW WINCHESTER, VIRGINIA 050008207 N t0 Ca) THIS DEED, made this 19 day of April, 2005, between JEM X. LLC A North Carolina limited liability company, of the one part, hereinafter called the Grantor; and )iRVIN PROPERTIES, LLC, a Virginia limited liability company, of the other 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 and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.20 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and beginning at a point in the said east line of Warrior Drive, a comer with Jasbo, Inc.; thence running with the said east line of Warrior Drive N. 46 deg. 45' 01" E, 509.61 feet to a point; thence leaving the east tine of Warrior Drive and running with a new division line through the land of Bowman and Glaize, L.C. S 43 deg. 14' 59" E, 277.50 feet to a point in the line of The Ryland Group, Inc.; thence running with the said line of The Ryland Group, Inc. and the line of said Jasbo, Inc. S 46 deg. 45' 01" W, 509.61 feet to a point; thence with the line of Jasbo, Inc., N 43 deg. 14' 59" W, 277.50 feet to the beginning, and containing 141,415 square feet or 3.246 acres. And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.C., a Virginia limited liability company, dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. (a.1" •Sao 4 This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 2.00 acres, more or less, situated immediately adjacent to the property on the northeast, and being that property conveyed by the Grantor herein to Treybul, LLC, a Virginia limited liability company, by deed dated April 19, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as 15- A Io5P\ MPol60N AHLSlO PLC ATTORNEYS AT LAW WINCHESTER VIRGINIA tp Instrument No. O g.0 9 (hereinafter referred to as the Treybul Property"), such easement being limited to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia. The Grantee shall be responsible for the maintenance of this easement so as to maintain continuous and Gee access of pedestrians and vehicles, as limited herein, to Warrior Drive and the Treybul Property in perpetuity, and for the benefit of the Treybul Property and that property consisting of that certain tract or parcel of land containing 5.487 acres, more or less, situated immediately adjacent to the Treybul Property on the northeast, and being a portion of that property conveyed by Bowman and Glaize, L.C., a Virginia limited liability company, to the Grantor herein by deed dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 2St This easement shall run with the land. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty -five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store"). Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar. A convenience store such as a 7 -11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements 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. 4HAISON 6.gW4rON,PLC ATTGWE'66T LAW WINCHESTER NWOIM4 WITNESS the following signature and seal: JEM X, LLC., A NORTH CAROLINA LIMITED LIABILITY COMPANY STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To-wit: A The f foregoing instrument was acknowledge fore me this day of ,2005 b k as Mana dMember of JEM X, LLC, A North Carolina Limited Liability Company, on behalf of said Company. My commission expires L2/7 By. L (SEAL) VIRGINIA FREDERICK COLINIY, SCI'. This instrument of writing was produced to me on y'G etc- at J Q /f1 and with certificate of acknowledgement theretrncsed was admitted to record. T imposed by Sec 58.1 -802 of S and 58.1 -80I have been paid, if assessable 1. Clerk IARRISON B JONNSTONFIC ATTORNEYS AT UW WINCHESTER, VAGINA 050008 s O J l0 THIS DEED, made this 19' day of April, 2005, between JEM X. LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor; and TREYBULCOMPANY, LC, a Virginia limited liability company, of the other 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 and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property: All of that certain tract or parcel of land,together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.13 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and beginning at a point in the east line of Warrior Drive, a corner with a 3.2464 acre tract; thence running with the said east line of Warrior Drive N 46' 45' 01" E, 297.55 feet to a point; thence along the are of a curve to the right 20.39 feet, said curve having a radius of 702.50 feet, a delta angle of 01 39' 46 a chord bearing of N 47' 34' 54" E, and a chord distance of 320.39 feet to a point; thence leaving the said east line of Wanior Drive and running with a new division line through the land of Bowman and Glaize, L.C. S 41' 35' 13" E, 279.65 feet to a point in the line of The Ryland Group, Inc.; thence running with the said line of The Ryland Group, Inc. S 57' 29' 55" W, 12.48 feet; thence continuing with the said line of The Ryland Group, Inc. S 46' 45' 01" W, 297.55 feet to a point, a comer with the said 3.2464 acre tract; thence running with the said line of the 3.2464 acre tract N 43' 14' 59" W, 277.50 feet to the beginning and containing 87,121 square feet or 2.0000 acres. And being a pottion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.C., a Virginia limited liability company, dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 0.5 SOH This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 3.246 acres, more or less, situated immediately adjacent to the property on the southwest, and being that property conveyed by the Grantor herein to Ervin Properties, LLC, a Virginia limited liability company, by deed dated April 19, 7S_i -1056 ARRISON B .r0HJSTMPLC AnOE1EYS AT LAW 'MWYESTER VIRGINIA CYO 0 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. O q (hereinafter referred to as the "Ervin Property and accessing the property from that certain tract or parcel of land containing 5.487 acres, more or less, situated immediately adjacent to the property on the northeast, and being a portion of that property conveyed by Bowman and Glaize, L.C., a Virginia limited liability company, to the Grantor herein by deed dated April 1 j, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. Or 10 2 9 (hereinafter referred to as the (JEM X Property"), such easement being limited to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia. The Grantee shall be responsible for the maintenance of this easement so as to maintain continuous and free access of pedestrians and vehicles, as limited herein, to Warrior Drive, the Ervin Property and the IBM X Property in perpetuity and for the benefit of the Ervin Property and the JEM X Property. This easement shall run with the land. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store"). Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar. A convenience store such as a 7 -11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements 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. 4ARRISCN JOHNSTCNPLC FttIXWEY$ AT LAW WINCHESTER. VIRGINIA WITNESS the following signature and seal: STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of 1 2005 by Ames (YlA as Mana r/Member of JEM X, LLC, A North Carolina Limited Liability Company, on behalf of said Company. My commission expires 1 a\ at n VIRGINIA FREDERICK COUNTY, SCT. This instrument of writing was produced to me �f �t —Q -°'l Q' at 1 9 AM• and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec 58.1 -802 of 00 's`� aann d 58 8.1- .1-801 have been paid, if assessable 4 e.t b/`/r/74 Clerk JEM X, LLC., A NORTH CAROLINA LIMITED LIABILITY COMPANY 0 N CO By: _(SEAL) 05002343/ THIS DEED, made this L day of C 2005, between JEM VII, LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor, and H. N. FUNKHOUSER CO., INC. a Virginia Corporation, of the other part, hereinafter called the Grantee. WITNESSETH• That for and in consideration of the sum of Ten Dollars 10.00), cash m hand paid and other valuable consideration, receipt and sufficiency of 0 which is hereby acknowledged, the Grantor does grant and convey, with general warranty of title, unto the Grantee, in fee simple, the following described property: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.20 miles southwest of the intersection of Tasker Road, in Opequon Magistenal District, Frederick County, Virginia, being designated as Lot 3, containing 3.1126 acres, as more fully set forth on that certain Recordation of Plat and Deed of Easement dated August 24, 2005 made by JEM VII, LLC, a North Carolina Limited Liability Company, and recorded in the Office of the Clerk of the Circuit Court of Fredenck County, Virginia as Instrument No 050019185 TAX MAP NUMBER 75- A -105A And being the same land which was conveyed to the Grantor herein by deed from JEM X, LLC, a North Carolina Limited Liability Company dated July 8, 2005 and recorded in the aforesaid Clerk's Office as Instrument No. 050015374. This property is conveyed together with all nghts, rights of way, privileges and Ft -IOSC, appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store") Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar A convenience store such as a 7 -11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements 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 signature and seal: JEM VII, LLC a North Carolina Limited Liability Company B 4� (SEAL) James E. Martin, Member Manager STATE OF NORTH CAROLINA OF L1 cw To -wit: J The foregoing instrument was acknowledged before me this 1 day of Q Q±l,,q C. 2005, by James E. Martin, as Manager/Member ofJEM VIII, LLC, North Carolina Limited Liability Company, on behalf of said Company t' My commission exp res �O aao9 ttu7 A<y•. (SEAL) U R Notary Public VIRGINIA. FREDERICK COUNTY, SCT This instrument of writing was produced to me on td) at ilpfn_ and yeah ¢rtfimtc of acknowledgement thereto snfrxed was admitted to scored T imposed by Sic 58.1-802 of Vint and 38.1.801 have been paid, d 'assessable ,D 0 0 050015374 THIS DEED, made ttus 6'N. day of ,2005, between JEM X. LLC. A North Carolina limited liability company, of the one part, 1/4.7� hereinafter called the Grantor, and JEM VIh LLC, a North Carolina limited liability d company, of the other part, hereinafter called the Grantee c WITNESSETH That for and in consideration of the sum of Ten Dollars r h V ($10 00), cash in hand paid and other valuable consideration, receipt and sufficiency of D which is hereby acknowledged, the Grantor does grant and convey, with general I 4- warranty of title, unto the Grantee, in fee simple, the following described property All of those certain tracts or parcels of land, together with the 9 improvements thereon and appurtenances thereto belonging, lying and being C situate on the east side of Wamor Dnve, approximately 0 20 miles southwest of the intersection of Tasker Road and being m Opequon Magrstenal District, Fredenck County, Virginia, and designated as Lot 3 (containing 3 1126 acres TM 75- A -105A) and Lot 4 (containing 2 3666 acres TM 75- A -105A) on the Final Plat of Subdivision of the Land of JEM X, LLC, made by Elliott Ritchie, o E Jr Land Surveyor d c� X p 9) F WRISON 8 JOHNSTON PLC ATTORNEYS AT LAW WINCHESTER VIRGINIA And being a portion of the same and which was conveyed to the Grantor herein by deed from Bowman and Glaze, L.0 a Virginia limited liability company, dated Apnl 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Fredenck County, Virginia as Instrument No 050008204 This property is conveyed together with all rights, nghts of way, pnvileges and appurtenances thereto belonging 0 J 75 -A- ID CD 'RI50N &JOFNSTQV PLC A rTORNEYS AT LAW NINCNE$TER VIRGINIA AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land contaunng 2 00 acres, more or less, situated immediately adjacent to the property on the northeast, and being that property conveyed by the Grantor herein to Treybul, LLC, a Virginia limited liability company, by deed dated April 19, 2005 and recorded m the Office of the Clerk of the Circuit Court of Fredenck County, Virginia as Instrument No O5cJ00 Y2 CrSsuch easement being limited to travel by such pedestnans and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Fredenck, Virginia as more fully set forth in the aforesaid deed AND FURTHER, this conveyance is made subject to the following restriction as to use of Lot 3, which shall run with the property, for a penod of twenty-five (25) years from the date of this deed The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescnption department, and/or a discount "99 cents" store or "dollar store which sells general merchandise (a "Dollar Store Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar A convenience store such as a 7 -11 store shall not be deemed a violation of the above covenants IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restnctions of record that may have expired or lapsed STATE OF NORTH C�AR Q �p LI AT LARGE, CITY /COUNTY OF To -wit The fore oing instrument was acknowledged before me this day of 2005, by James E Martin, as Manager/Member of JEM X LLC, rth arohna Limited Lab, Companyan behalf of said Company My commission expires I NOTARIAL SEAL tt U .A Gr JSaSON B JOHNSTON 0.0 ATTORNEYS AT LAW WINCHESTER VWgMA WITNESS the following signature and seal. JEM X, LLC a North Carolina Limited Liability Company By 1 James E Martin, Member Manager (SEAL) Notary Public VIRGINIA FREDERICK COUNTY. SCf. This Instrument of mating was produced to me on u•Lli..ue ^E lchl1,I C.Igen.elu th..ftto a n fYT" :a admitted 10 record. F imp “st by (h v. 513 1.:N1: 01 S ex enp(. and 58.1401 have Sven p It Asu:sable Clerk (SEAL) 0