Loading...
HomeMy WebLinkAbout39-18 Deed190040519 Prepared by and after recording= return to: v Raymond 1-I. Pruchnicki, Esq. InSite Real Estate, LLC 1400 16th Street Suite 300 Oak Brook, IL 6023 Tax Parcel No.: 85 -A -148E 85 -A -148F DECLARATION OF CROSS -ACCESS EASEMENT HIS DECLARATION OF CROSS -,ACCESS EASEMENT (this "Declaration") is made this day of January, 2019 by WINCHESTER CAPITAL GROUP, INC., a Virginia corporation ("Winchester") with an address 3050 Valley .Avenue. Suite 110,1Vinchester. Viramia 2601. RECITALS A. Winchester is the owner of the following adjacent real property: i) 131 Town Run Lane. Stephens Cite. Frederick County. Virginia, containing approximately 0.9970 acres and legally described on Schedule 1 attached hereto and incorporated herein by this reference (the "Town Run Lane Parcel"). 118 Fairfax Pike. Stephens City, Frederick County, Virginia, containing approximately ? 817? acres and legally described on Schedule Z attached hereto and incorporated herein by this reference (the "Fairfax Pike Parcel"). B. The Town Run Lane Parcel and the Fairfax Pike Parcel are sometimes referred to collectively herein as the "Parcels" and individually as a "Parcel". The Town Run Lane Parcel and the Fairfax Pike Parcel are collectively referred to herein as the. "Property-". C. tk'inchester desires to grant casements over the Parcels for a Drive .Aisle ("hereinafter defined), to be constructed by Winchester's contract purchaser of the Town Run Lane Parcel; STEPHENS CITY, VA (131 Town Run) LLC, an Illinois limited liability company ("InSite"), at the location shown on the Site Plan attached as Schedule 3 and incorporated herein. NOW, THEREFORE, in consideration of the above premises and of the covenants herein contained, Winchester does hereby declare that the Parcels and all present and future owners and occupants of the Parcels shall be and hereby are subject to the terns, covenants, easements, restrictions and conditions hereinafter set forth in this Declaration, so that said Parcels sltalI be maintained, kept, sold and used in fill] compliance with and subject to this Declaration and, in connection therewith, Winchester covenants as follows: W N) AGREEMENTS 1. Definitions. For purposes hereof. W N W "Drive Aisle" shall mean the paved roadway within the Property which provide access between the Parcels and from the Parcels to Town Run Lane and Stickley Drive shown on the Site Plan. "Easement(s)" shall mean any one or more of the easements established pursuant to this Declaration. "Occupant" shall mean any person or entity which shall from time to time be entitled to the use and occupancy of any portion of a Parcel under this Declaration under any lease, license or concession agreement or other instrument or arrangement under which the Occupant acquires its right to such use and occupancy during the term of such lease, license or concession agreement. "Owner" or "Owners" shall mean Winchester and any and all successors or assigns of such persons as the owner or owners of fee simple title to all or any portion of the Property, whether by sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or otherwise, but not including the holder of any lien or encumbrance on such real property. "Parcel" or "Parcels" shall mean each separately identified parcel of real property now constituting a part of the real property subjected to this Declaration as described on Schedule 1 and Schedule 2, that is, the Town Run Lane Parcel and the Fairfax Pike Parcel, and any future subdivisions thereof "Permittees" shall mean the tenant(s) or Occupant(s) of a Parcel, and the respective employees, agents, contractors, customers, invitees and licensees of (i) the Owner of such Parcel, and/or (ii) such tenant(s) or Occupant(s). "Site Plan" shall mean that site plan of the Parcels and Easements shown on Schedule 3. Except as may be otherwise provided in this Declaration, the Site Plan is for identification purposes only. 2. Easements. 2.1 Grant of Reciprocal Easements. Subject to any express conditions, limitations or reservations contained herein, Winchester hereby declares that the Parcels, and all Owners and Permittees of the Parcels, shall be benefited and burdened by a non-exclusive, perpetual and reciprocal easement ("Cross -Access Easement") for access, ingress and egress (but not for parking) over the Drive Aisle as presently or hereafter constructed and located on the Parcels, so as to provide for the passage of motor vehicles and pedestrians to and from the Parcels, to and from Town Run Lane and Stickley Drive. The Cross -Access Easement is hereby imposed upon the Parcels and all present and future Owners and Permittees of the Parcel. The Cross -Access Easement shall not be construed to allow any stopping, standing or parking of vehicles on the Drive Aisle. 2.2 Omitted. 2.3 Grant of Temporary Construction Easement for Drive Aisle. (a) Subject to the terms of this Declaration and to InSite becoming the Owner of the Town Run Lane Parcel, Winchester grants to InSite, its contractors and agents and other Permittees, an easement ("Temporary Construction Easement") for (a) the construction of the Drive Aisle over (i) the portion of the Drive Aisle located on the Fairfax Pike Parcel plus (ii) the area located on either side of the portion of the Drive Aisle located on (1) the Fairfax Pike Parcel and on(2) 2 real roe e D p p rty commonly CD known as 124 Fairfax Pike (Tax Parcel No. 85-A-148) which real property is also owned by Winchester, W and (b) the removal of two (2) dumpster pads located on the Fairfax Pike Parcel (collectively, the N "Temporary Construction Easement Area"), all as shown on the Site plan. Z_ (b) The Temporary Construction Easement will terminate upon the earlier of (i) completion of construction of the Drive Aisle or (ii) the date that is three (3) years after the date of recording of this Declaration. (c) Subject to InSite becoming the Owner of the Town Run Lane Parcel, InSite will construct the Drive Aisle in the Temporary Construction Easement Area as shown on the Site Plan. (d) Once commenced, any construction undertaken by InSite in reliance upon the Temporary Construction Easement, will be diligently prosecuted to completion, so as to minimize any interference with the business of Winchester on the Winchester Parcel. 2.4 Reasonable Use of Easements. Except in cases of emergency, the easements herein above granted shall be used and enjoyed by each Owner and its Permittees in such a manner so as to minimize disruption of the normal operation of a Parcel and the businesses conducted on each Parcel and to not unreasonably interfere with, obstruct or delay the conduct and operations of the business of any other Owner or its Permittees being conducted on its Parcel, including, without limitation, public access to and from said business, and the receipt or delivery of merchandise in connection therewith. Any installation, alteration, replacement or repair of any easement area as allowed herein shall be undertaken in a manner reasonably calculated to minimize the impact upon traffic circulation within the Property and access of all users to the various business establishments on the Parcels. Unless otherwise provided for herein, all Utilities installed by an Owner pursuant to the easements granted herein shall be installed, maintained, and repaired by such Owner without cost or expense to any other Owner or Permittee. 2.5 Omitted. 2.6 Restriction. Neither Owner shall grant or otherwise convey any easements in the Drive Aisle for the benefit of any property other than the Property without the prior written approval of the other Owner; provided, however, the foregoing shall not prohibit the grant or dedication of utility easements, but only as expressly permitted herein. 2.7 No Modifications. The Drive Aisle, including, without limitation, the curb cuts providing access to and from Town Run Lane and Stickley Drive, may not be modified or relocated without the prior written consent of each Owner, unless required by the governmental authority having jurisdiction over such matters. 2.8 Unimpeded Access. No barricade or other divider will be constructed nor shall any Owner do anything to prohibit or discourage the free and uninterrupted flow of pedestrian or vehicular traffic over the Drive Aisle; provided that an Owner will have the right to temporarily erect barriers as legally necessary, or for maintenance of such areas in the least restrictive manner and for the least restrictive duration as is reasonably necessary; provided, however, that prior to closing off any portion of the areas burdened with the Drive Aisle, as provided in this Declaration, the Owner proposing such closure shall give 15 days written notice to the other Owner of its intention to do so and shall attempt to coordinate such closing with such Owner, so that no unreasonable interference in the passage of pedestrians or vehicles or the progression of construction on the other Parcels shall occur. 3. Maintenance. 3.1 General. Each Owner will maintain, at its sole cost and expense, the portion of the Drive Gn Aisle located on its Parcel in a clean and neat condition and in good condition and repair consistent with C first class commercial developments of comparable size located in Frederick County, Virginia. �" � Maintenance of the Drive Aisle shah include, without limitation, maintaining, repiacing and repairing the N cn surface of the Drive Aisle, removing all snow and ice and all naners_ debris and other refuse from and periodically salting (as needed) and sweeping the Drive Aisle, to the extent necessary to maintain the same in a clean, safe and orderly condition and maintaining traffic markings, directional signs, lines and striping as needed. 3.2 Damage to Drive Aisle. Except as otherwise expressly provided in this Declaration, in the event of any damage to or destruction of all or a portion of the Drive Aisle on any Parcel, the Owner of such Parcel shall, at its sole cost and expense, with due diligence repair, restore and rebuild the Drive Aisle to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Declaration) provided that if the Owner or Occupant of a Parcel damages the Drive Aisle on the other Parcel, then the Owner or Occupant of the Parcel who committed the damage, shall immediately repair such portion of the Drive Aisle. 3.3 Utilities. Each Owner shall, at all times during the Term of this Declaration, construct, operate and maintain or cause to be constructed, operated and maintained, in good order, condition and repair in a manner consistent with a First Class shopping center, at its sole expense, any utility or other installations serving the Parcel of such Owner and from time to time existing on the Parcel of another Owner pursuant to an easement described herein. 3.4 No Mechanic's Liens. Each Owner agrees, for itself and its successors and assigns in ownership of a Parcel, to protect the Drive Aisle and the other Owner's Parcel from mechanic's, materialmen's' and other liens arising in repair, use and maintenance of the improvements on such Owner's Parcel, and to indemnify and defend the other Owner and its successors and assigns from and against and with respect to any such liens and to cause any such lien to be removed by payment or bonding within thirty (30) days of recording thereof. 3.5 Illumination. As depicted on the Site Plan, each Owner hereby covenants and agrees to keep the Drive Aisle located on its Parcel fully illuminated each day from dusk until 11:00 p.m. All outside light fixtures and standards shall be comply with applicable governmental requirements and approved illumination plans. Notwithstanding the foregoing, the provisions of this Section shall be subject to such further restrictions as may be required by applicable governmental requirements. During the Term of this Declaration, each Owner grants an irrevocable license to each other Owner for the purpose of permitting the lighting from one Parcel to incidentally shine on any adjoining Parcel. It is recognized that Occupants within the Property may be open for business at different hours, and that an Owner may wish to have the lights illuminating the portion of the Drive Aisle on the other Parcel illuminated before or after the required time period. Accordingly, an Owner ("Requesting Owner") shall have the right, at any time, to require the Owner that controls the lighting on the other Parcel ("Requested Owner") to keep the Drive Aisle lights it controls operating as stipulated by the Requesting Owner, provided that the Requesting Owner notifies the Requested Owner of such request not less than fifteen (15) days in advance. The Requesting Owner shall state the period during which it wishes such lights to be kept operating and shall pay to the Requested Owner a prepayment as follows: (a) If the period is less than thirty (30) days, then the prepayment shall be one hundred ten percent (110%) of the reasonable cost for such additional operation (including electrical power, bulbs and manpower), as estimated by the Requested Owner; and (b) If the period is thirty (30) days or longer, then the prepayment shall be one hundred thirty percent (130%) of the reasonable cost for such additional operation (including electrical power, 4 bulbs and manpower) for thirty (30) days, as estimated by the Requested Owner, and the e�-1 Requesting Owner shall renew such prepayment at the end of each thirty (30) day period. C W Upon the failure of a Requesting Owner to pay the estimated amount or renew a prepayment as N required hereby, the Requested Owner shall have the right to discontinue such additional lighting and to � exercise any other remedies herein provided. Any such request for additional lighting may be withdrawn or terminated at any time by written notice from the Requesting Owner, and a new request or requests for changed hours of additional operation may be made from time to time. 4. Insurance. 4.1 Insurance Coverage. Throughout the Term of this Declaration, each Owner shall procure and maintain: (a) Commercial general liability insurance with coverage for premises/operations, products/completed operations, contractual liability (including contractual liability arising under the indemnity contained in Section 4.2 below) and personal/advertising injury, against all claims, demands, or actions for injury, death and property damage in an amount equal to not less than $1,000,000.00 each occurrence and $2.000,000.00 general aggregate naming each other Owner and any mortgage lender, if requested in writing by an Owner (provided the Owner obtaining such insurance has been supplied with the name of such other Owner or mortgage lender in the event of a change thereof) as additional insureds; (b) Automobile Liability including contractual liability coverage for all owned, hired and non -owned vehicles with a combined single limit not less than $1,000,000.00 single limit; (c) Workers' Compensation coverage for its employees with statutory limits and Employer's Liability coverage with limits of 5500,000.00. Such limits shall increase by 5% on January 1, 2024 and every fifth (5th) anniversary thereof. Each Owner shall provide the other Owner with proof of insurance coverage within twenty (20) days after receipt of written request, provided that no Owner will be required to provide such proof to an Owner more than twice in any one calendar year. Each Owner's obligations to carry the insurance provided for herein may be brought within the coverage of so-called blanket policy or policies of insurance carried and maintained by Owner, provided the minimum coverage requirements specified herein shall not be reduced by reason of the use of such blanket policies of insurance. Each Owner shall have the right to maintain commercially reasonable deductibles and/or self-insured retentions in connection with any insurance carried by such Owner pursuant to this Declaration, as determined by each Owner in its reasonable business judgment. 4.2 Indemnitv of Other Owner. Each Owner hereby indemnifies and saves the other Owner harmless from and against all claims, actions, damages, liability, expense (including reasonable attorneys' fees and court costs), suits and judgments arising from bodily injury, death or property damage (collectively, "Losses") occurring on or from any part of its Parcel, except if caused by the gross negligence or willful misconduct of the other Owner, its Occupants, Permittees, employees, agents or contractors. 5. Taxes and Assessments. Each Owner shall promptly pay all real estate taxes, special assessments, water charges, sewer rents and other governmental charges of any type levied or made by any governmental body or agency with respect to its Parcel, including portions of the Drive Aisle located 5 -0 within a specific Parcel (collectively, a "Tax"), the non-payment of which would give rise to a lien e-) superior to any other Owner's rights under this Declaration. Each Owner may contest, in good faith, the C7 validity or amount of any Tax on its Parcel but upon final determination as to the validity and amount CAJ N thereof, such Owner shall promptly pay the Tax. 6. No Rights in Public; No Implied Easements. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Town Run Lane Parcel or the Fairfax Pike Parcel. No easements, except those expressly granted herein, shall be implied by this Declaration; in that regard, and without limiting the foregoing, no easements for parking, signage, drainage or utilities are granted or implied. 7. Remedies and Enforcement. 7.1 All Legal and Equitable Remedies Available. In the event of a breach or threatened breach by any Owner or its Permittees (the "Defaulting Owner") of any of the terms, covenants, restrictions or conditions hereof, including the maintenance of the Drive Aisle, the other Owner shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including payment of any amounts due and/or specific performance. 7.2 Self -Help. In addition to all other remedies available at law or in equity, upon the failure of a Defaulting Owner to cure a breach of this Declaration, the other Owner may, (but shall not be required to) (i) if no emergency exists, perform the same after giving ten (10) days' written notice to the Defaulting Owner (unless within such ten (10) day period the Defaulting Owner shall commence the necessary action and thereafter diligently prosecutes such cure to completion), and (ii) in an emergency situation, perform the same with as much notice to the Defaulting Owner as is practical. The Defaulting Owner shall, on demand, reimburse the curing Owner for the reasonable cost thereof together with interest at the prime rate charged from time to time by JP Morgan Chase Bank, N.A. (its successors or assigns), plus two percent (2%), not to exceed the maximum rate of interest allowed by law (the "Interest Rate"). Notwithstanding the foregoing, in the event of (i) an emergency, (ii) blockage or material impairment of the easement rights, and/or (iii) the unauthorized parking of vehicles on a Parcel, an Owner may immediately cure the same and (other than in the event of the unauthorized parking of a vehicle on a Parcel by a customer or invitee of the Occupant of the other Parcel) be reimbursed by the other Owner upon demand for the reasonable cost thereof together with interest at the Interest Rate. An easement is hereby granted and reserved unto the Owners of the Town Run Lane Parcel and the Fairfax Pike Parcel for exercising the remedy provided for herein. In the event of an emergency resulting in damage to a Utility line, an Owner or Occupant has the right to enter upon the Parcel of the other Owner for the exercise of its right to repair the Utility line located on the other Parcel, provided that notice will provided as soon as possible. 7.3 Lien Rights. Any claim for reimbursement, including interest as aforesaid, and all costs and expenses including reasonable attorneys' fees awarded to any Owner in enforcing any payment in any suit or proceeding under this Declaration shall be assessed against the Defaulting Owner in favor of the prevailing party and shall constitute a lien (the "Assessment Lien") against the Parcel of the Defaulting Owner until paid, effective upon the recording of a notice of lien with respect thereto in the Office of the County Recorder of Frederick County, Virginia; provided, however, that any such Assessment Lien shall be subject and subordinate to (i) liens for taxes and other public charges which by applicable law are expressly made superior, (ii) all liens recorded in the Office of the County Recorder of Frederick County, Virginia prior to the date of recordation of said notice of lien, (iii) all leases entered into, whether or not 6 -0 recorded, prior to the date of recordation of said notice of lien, and (iv) all mortgages or deeds of trust G-' from lenders. All liens recorded subsequent to the recordation of the notice of lien described herein shall C be junior and subordinate to the Assessment Lien. Upon the timely curing by the Defaulting Owner of �" � N any default for which a notice of lien was recorded, the party recording same shall record an appropriate co release of such notice of lien and Assessment Lien. 7.4 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity and the exercise of any one of such remedies shall not be deemed to be a waiver of any other right, remedy or privilege provided for herein. 7.5 No Termination For Breach. Notwithstanding the foregoing to the contrary, no breach of this Declaration will entitle any Owner to cancel, rescind or otherwise terminate this Declaration. The foregoing limitation will not affect, in any manner, any other right or remedy which any Owner might have by reason of any breach of this Declaration. No waiver of any default by a Defaulting Owner will be implied from the failure by any other Owner to take action in respect of any default by a Defaulting Owner. No express waiver of any default will affect any default by a Defaulting Owner or extend any period of time for performance by a Defaulting Owner other than as specified in such express waiver. One or more waivers of any default by a Defaulting Owner in the performance of any provision of this Declaration will not be deemed a waiver of any subsequent default in the performance of the same provision or any other provision by a Defaulting Owner. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Parcel made in good faith for value, but the easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any Owner of such Parcel covered hereby whose title thereto is acquired by foreclosure, trustee's sale, or otherwise 7.6 Irreparable Harm. In the event of a violation or threat thereof of any of the provisions of Section 2 of this Declaration, each Owner agrees that such violation or threat thereof shall cause the non -defaulting Owner and/or its Permittees to suffer irreparable harm and such non -defaulting Owner and its Permittees shall have no adequate remedy at law. As a result, in the event of a violation or threat thereof of any of the provisions of Section 2 of this Declaration, the non -defaulting Owner, in addition to all remedies available at law or otherwise under this Declaration, shall be entitled to injunctive or other equitable relief to enjoin a violation or threat thereof of Section 2 of this Declaration. 7.7 Survival. The rights and easements granted under this Section 7 shall survive the termination or expiration of this Declaration for the purpose of performing and enforcing compliance with the provision of this Declaration. 8. Term. The easements, covenants, conditions and restrictions contained in this Declaration shall be effective commencing on the date of recordation of this Declaration in the office of the Frederick County, Virginia Recorder and shall remain in full force and effect thereafter in perpetuity ("Term"), unless this Declaration is modified, amended, canceled or terminated by the written consent of all then record Owners of the Town Run Lane Parcel and the Fairfax Pike Parcel in accordance with Section 9.2 hereof. 9. Miscellaneous. 9.1 Attorneys' Fees. If any Owner institutes any actions or proceedings against another Owner relating to the provisions of this Declaration or any default by a Defaulting Owner hereunder, the unsuccessful Owner in such action or proceeding will reimburse the successful Owner therein for the reasonable expenses of attorneys' fees and disbursements incurred by the successful Owner. 9.2 Amendment. Winchester agrees that the provisions of this Declaration may be modified --o or amended, in whole or in part, or terminated, only by the written consent of all record Owners of the e-) Parcels, evidenced by a document that has been fully executed and acknowledged by all such record C Owners and recorded in the official records of the County Recorder of Frederick County, Virginia. N lD 9.3 Consents. Wherever in this Declaration the consent or approval of an Owner is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably Withheld or delayed. Any request for consent or approval shall: (a) be in writing; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained; and (c) be accompanied by such background data as is reasonably necessary to make an informed decision thereon. The consent of an Owner under this Declaration, to be effective, must be given, denied or conditioned expressly and in writing. 9.4 No Waiver. No waiver of any default of any obligation by any Owner shall be implied from any omission by the other Owner to take any action with respect to such default. 9.5 No Agency. Nothing in this Declaration shall be deemed or construed by either Owner or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. 9.6 Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives. 9.7 Grantee's Accemance. The grantee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original Owner or from a subsequent Owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for itself and its successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other Owner, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the property so acquired by such grantee. 9.8 Severability. Each provision of this Declaration and the application thereof to the Town Run Lane Parcel and the Fairfax Pike Parcel are hereby declared to be independent of and severable from the remainder of this Declaration. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Declaration. In the event the validity or enforceability of any provision of this Declaration is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared. Ownership of both Parcels by the same person or entity shall not terminate this Declaration nor in any manner affect or impair the validity or enforceability of this Declaration. 9.9 Time of Essence. Time is of the essence of this Declaration. 9.10 Entire Agreement. This Declaration contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 9.11 Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Owner M may change from time to time their respective address for notice hereunder by like notice to the other Owner. The notice addresses of InSite (once it becomes the Owner of the Town Run Lane Parcel) and W Winchester are as follows: CA) O InSite: STEPHENS CITY, VA (131 Town Run) LLC c/o InSite Real Estate, LLC 1400 16th Street Suite 300 Oak Brook, IL 60523 Attn: Chief Legal Officer Winchester: WINCHESTER CAPITAL GROUP, INC. 3050 Valley Avenue Suite 110 Winchester, Virginia 22601 Attn: Thomas G. Scully, Jr. 9.12 Governing Law. The laws of the State in which the Parcels are located shall govern the interpretation, validity, performance, and enforcement of this Declaration. 9.13 Estoppel Certificates. Each Owner, within twenty (20) day of its receipt of a written request from the other Owner, shall from time to time provide the requesting Owner, a certificate binding upon such Owner stating: (a) to the best of such Owner's knowledge, whether any Owner is in default or violation of this Declaration and if so identifying such default or violation; and (b) that this Declaration is in full force and effect and identifying any amendments to the Declaration as of the date of such certificate. 9.14 Bankruptcy. In the event of any bankruptcy affecting any Owner or occupant of any Parcel, the parties agree that this Declaration shall, to the maximum extent permitted by law, be considered an agreement that runs with the land and that is not rejectable, in whole or in part, by the bankrupt person or entity. END OF TEXT — EXECUTION PAGE TO FOLLOW 9 IN WITNESS WHEREOF, the Winchester has executed this Declaration as of the date first � written above. W W WINCHESTER CAPITAL GROUP, INC., a Virginia corporation By: Name: Its: 19 COMMONWEALTH OF VIRGINIA ) C OF SS ) The undersigned, a Nota Public the county aforesaid. does hereby certify that �� - of WINCHESTER CAPITAL GROUP, INC., a VjVginia corporation, is personally known to me to be the person whose name is subscribed in the foregoing instrument, aped before me -y in person and acknowledged that he/she signed said instrument as such �,6 , ,j4 tis of said corporation, pursuant to the authority given under the By -Laws of such corporation, and as a free and voluntary act of said corporation, for the purposes therei�t forth. Given under my hand and notal My commission expires: � 3/ /':P. NOTARY PUBLIC = REG. #7010794 C) =• MY C(%,IPJISSION ; �t .o• p FAUN 11 -0 SCHEDULE 1 Gn O w LEGAL DESCRIPTIONS OF THE TOWN RUN LANE PARCEL w w All of those lots or parcels of land located in Frederick County, Virginia, and more particularly described as follows: 0.9967 Acres, more or less, as shown on the plat entitled "Exhibit Showing Boundary Line Adjustment of the Lands of North Star Enterprises LLC and Winchester Capital Group, Inc., Opeyuon Magisterial District, Frederick County, Virginia" dated September 13, 2016 by Marsh & Legge Land Surveyors, P.L.C. attached to the Affidavit for Boundary Line Adjustment recorded as Instrument Number 160010652 and the Deed of Boundary Line Adjustment and Deed of Gift of Exchange dated October 13, 2016 recorded as Instrument Number 160010653 in the Clerk's Office, Circuit Court, Frederick County, Virginia. Tax Parcel No.: 85 -A -148F Property Address: 131 Town Run Lane, Stephens City, Frederick County, Virginia 12 SCHEDULE2 C W LEGAL DESCRIPTION OF THE FAIR -FAX PIKE PARCEL W All that certain tract or parcel of land, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 2.8172 acres, and more particularly described on the plat of survey drawn by Douglas C. Legge, L.S., dated December 14, 1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 931, at Page 228. Tax Parcel No.: 85 -A -148E Property Address: 118 Fairfax Pike, Stephens City, Frederick County, Virginia 13 1) G Ol 335 CROSS'S ACCESS kASENIEN I SCHEDULE 0 � all r- u - EA C-� U 00 'n 71.