The URL can be used to link to this page

CEA 01-15-09 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Conservation Easement Authority FROM: Amber Powers RE: Januanti 15, 2008 meeting DATE: January 8, 2008 The Frederick County Conservation Easement Authority wilt be meeting on Thursday, January15, 2008 at 8:00 a.m. in the Board of Supervisor's -Executive Session TMeeting Room in the Counsy Administration Building, 107 North Kent Street, Winchester, Virginia. The i onserva±ion Easement Authority will discuss the following agenda items- AGENDA tems: AGEl'vDA r. December 4, 2008 -ninutes 4:. Rev ie"- of Chamberlin'and Wright PDR. appiicat�or_s i. Siiapp Easennent update 4. Local Easement Activity Updates 5. Other. Please contact the Planning Department (665-5051) if you are iinabie to attend this meeting. ALP/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 --DRAFT-- MEETING MINUTES OF THE FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY Held in the Executive Session Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on December 4, 2008 at 8:00 a.m. PRESENT: Diane Kearns, Chairman; Jim Lawrence, Treasurer; Robert Solenberger; John Marker; and John Gavitt. ABSENT: Ritchie Wilkins, Vice -Chairman; Todd Lodge; Cordell Watt, Planning Commission Liaison; and Gene Fisher, Board of Supervisors Liaison. STAFF PRESENT: Amber Powers; and Bev Dellinger, Secretary III. PUBLIC MEETING: The meeting began at 8:10 am. There were not enough members present at one time for a quorum, so the October 23, 2008 minutes were not voted upon. Ms. Kearns stated that the MOU (Memorandum of Understanding) and easement language were sent to Rod Williams, County Attorney, and he came back with small changes. Ms. Kearns further stated that Potomac Conservancy did everything. She and Kelly (Potomac Conservancy) agreed that Frederick County should be aware that there should be some stewardship obligations in the future, like monitoring and/or legal enforcement if necessary, so they included in the MOU that the County would contribute something, but they didn't include an exact monetary amount. Ms. Powers asked where it states, "no structures on property currently", is that something we have to insert text specifying that there are no existing structures on that property? Mr. Marker stated there's no prohibition against putting one structure on the property. (Mr. Lawrence arrived at this point.) Ms. Kearns stated you can construct agricultural buildings that are less than a certain size. Ms. Kearns said we should ask Kelly exactly how to word this. Mr. Marker stated there should be at least one building right on the property, and Ms. Powers stated there is. Ms. Kearns stated that Kelly is going to send all the paperwork to the USDA for comments, then final CEA approval and final Board of Supervisors approval. Ms. Kearns said that the State has said they will wire the funds to the closing. As far as money issues, Ms. Kearns said that Mr. Eric Lawrence (Plamling Director) brought up the fact that the $265,000 in the County budget hadn't been rolled over to this current fiscal year. Mr. Lawrence went to the Finance Committee and took care of that. Ms. Kearns further stated that we need to think about how the CEA is going to raise some money. There was proffer money that came from one of the developments on Route 7, and the County spent this proffer money to purchase property next to the Huntsberry property. But the Shenandoah Valley Battlefield Foundation borrowed money to make that happen and they very much want to get out of that $500,000 to $600,000 debt, so they're going to be raising money in the near future. Mr. Lawrence stated the fact that the Battlefield Foundation is going to be trying to raise close to $600,000, it's going to be short-term competition for us, but it's going to raise awareness about this issue. All the land that's been protected at Red Bud now, and its public access and stream, that we can point out to people that this was possible because it's core -area battlefield and it's Federal designation and there's Federal funding. Mr. Lawrence further stated that if we want to do any more protection, we're going to have to do it ourselves. He hopes this will make people more aware that we're going to have to do this as a community and region. Ms. Kearns said in talking with others, if we can figure out some way to use the rest of this money, and think about creative ways that we could partner with other groups. The motivating factor is that it's going to go away; this is going to be it. Ms. Kearns stated that because you can use the money for appraisals and things like that, maybe we could help with those kinds of costs for some other things that are already happening. As far as Ms. Kearns knows, Marjorie Copenhaver's casement will probably be accepted by the Historic Board this month. Ms. Kearns talked to Ms. Copenhaver and the owners of the mill, and they were on board to have some kind of function out there. Ms. Kearns stated that the date for applications for State money ends December 31" and she believes we need to set another cut-off date. (Mr. Solenberger arrived at this point.) Ms. Powers noted that three people have said that they are considering applying. Ms. Powers has a meeting this morning with someone she believes is turning in an application. Ms. Kearns suggested June 30, 2009 and December 31, 2009 as the cut-off dates. Ms. Powers stated she believes the easement has to be recorded by the end of the year for us to use those funds; it needs to actually close within the year. Ms. Kearns asked even though we've got until April of 2010? Ms. Powers responded we have until February 23, 2010, so June 2009 may have to be the final cut-off date. Ms. Kearns was given a letter by Mr. John Gavitt, who is a member of Preserve Frederick, and this letter is what is being submitted to the Board of Supervisors Rural Areas Subcommittee this evening. CEA members took a moment to look over the letter. (Mr. Lawrence left the meeting at this point.) (Mr. Gavitt arrived at this point.) Ms. Kearns stated that she believes it's a good idea to tie the sending zones to an easement activity. Mr. Gavitt said when you have a sending zone, basically, it's to give up development rights in a rural area in exchange for developing in the UDA. When you give up development rights, Preserve Frederick recommends that the restrictions be similar to those in a conservation easement. Ms. Kearns stated if you put a conservation easement on the property, then you probably already have given up your rights, so they're not there to transfer. If you transfer them, then they're not there to put an easement on. Mr. Gavitt responded that the transfer is all part of it. It's not putting the easement on it first and then transferring, it's transferring and as a part of that transfer, the conservation easement comes into play. Mr. Solenberger stated that we've talked about specifying areas in the County where we thought we should try to have easements. Mr. Gavitt explained that the Rural Areas Subcommittee is focusing more and more on a transfer development program. With proffers offered by developers where they would basically work and transfer development rights so they could develop within the UDA, it's a constant source of income for protecting the lands in rural areas. It will hopefully make the landowner happy because they're getting money for giving up development rights. Mr. Solenberger asked if this has been done in any Virginia localities. Mr. Gavitt responded yes; he believes in Fauquier County. Mr. Marker stated he's not sure that any other counties have started doing a TDR program. What Frederick County is looking at right now is where the county does not really get very much involved. There will be guidelines in place, but it's going to be between the developer and the farmer. Ms. Powers added that the State is looking at changing the program as a part of an enhancement program but it may in fact, at least for us, get more difficult to set the program up. Ms. Powers said that Fauquier County may have set up the language for their counties that adopted it, but there are no active programs in Virginia. Ms. Kearns asked if there's a way to work with the transfer program that allows you to protect land with a less difficult approach. Ms. Powers responded she thinks the way the County has it set up now is that when they do the rural preservation lots, it's almost the same kind of thing. Right now, the preservation lot for at least ten years, can have no development on it except one dwelling. Mr. Gavitt stated regarding monitoring, there's a provision in the MOU for a payment. For the vast majority, you're looking at a once a year look-see at the property, You talk with the landowner and you drive over the property and that's it for a year. When there's a violation, that's when you get into legal issues. Ms. Kearns stated that the concept of having designated transfer zones makes a lot of sense. Mr. Solenberger noted that when they first passed the ordinance with five acres and cluster developments, the set-aside aspect was to be done permanently and not just for ten years. Mr. Solenberger believes it should be done; if you allow cluster, the set-aside should be forever. Committee members agree with Mr. Solenberger. The meeting adjourned at 9:00 am. Diane Kearns. Chairman Amber Powers, Secretary 4 ITEM 2: Chamberlin and Wright Applications for PDR Consideration Please see the applications attached with this agenda. Print Form E07 ''=,v, Kent Street Winchester. VA 22601 Frederick County Conscrvation Easement Authority 5-10-665-56 1 & The Frederick County Planning Department - -:.: -: -_ .- - .':.._ "�:.----,—..�:�� .:. __::..r - :•�.r�_ tz„�..,-ra;:i`�:.�H.,�:.r.ems:=�"'-r>a'iTet:`u�.:_:1.�:� fT1�=*_�. ':`T=i •i:-L�:s�...W._"L "5r?- .-- ..�'� This is an application for landov✓ners interested in zither participating in a Purchase of Development Rights (PDR) Prograin offered through ilia County, Of who etre simply interested in having the Conservation Casement Authority (CEA) help then in establishing a conservation easernent to he held or co -held by the County. The Frederick County Conservation Easement Authority's purpose is to promote the protection of natural or open -space values of real property, assuring its availability for fulurc agricultural, and forestal uses and to preserve natural resauroes, maintain or enhance air and water quality, and to protect the historical, architectural Of archacolagical asftr,ets Of land %,vithin the County. .,:_ Alang with this application form, please subrnit the following: ./Deprl A copy of the original deed with the deed r/stirvey/ A survey or plat must accompany tite hook and page number stamp, under vd-lich I'1at [teed. the owner acquired the properly. Is there a lien held on any of the parcels included in this Deeds application (including, without limitation, holders of deed of of Trust If there are any deeds of trust (including trust liens and judgment liens)? If yes, please altach all lien c— mortgages) on the property, a ropy of information with this application.�Z„7 the Original deed of trust with deed hook C yes Nno and page number stamp. M .s What is the tyre sole Owner 4�Y4 f Partnership) r Limited Liability Company of ownership? (� Husband & Wife F Corporation r Otl:er: owner's Full [,hmneA- tvlailing ;ddrtoss Street' City f U a t tV C—h(=- `�-er State V'% 1, Zip Ernait I iV A)0 Phane I� /_�tt(� � Lac �x�;. �.,,.�v� �.•,�M�:.._ �«,.::�.�h,..�u .,��.r—��—�.��•�.-�.�� ,,.,mom.-,.��.-w-:-.y_,�.��.�-�� =: �,. r>�..�.�-,.�, Additional Owner's Full Narne-- Ivraiiing Address (if different than above) Street City Emari State �Zip Phone I Additional Owner's Full Flame Ivlaiiincg Address {if different than aljrlve) Stye©i City � - - - - ----- State I Zip C_...� -...� Email ��.._ �- J Phone 1isFr?-MMR,,` - t I— l�rcdcricl< C'ounty C:ortseINMitlrl basement AU(I101-itX? c . The Frederick Comity Planning, Department _ - .�....-,.mss...,��,��,..,,R�.s.....,_..�..��....�...__.__ a:..�' J.a... �.�: as y�f «•t'! - 7 S Property Information If you need help filiirrg any of this information out, plC2se contact the Planning Departrr:�rl . 5�iL3 F65 5€3ii1 Eelov,-, plIESe irldl ntr wj-,zcii iyp}-, of easen-,errt pioaf air) you Fire irileie`ited1 I(? 1)arlicipatill dl In, C l am only interested in participation) in 1116 Prlrcfrase of f)evelopment Hiclhts Program (POR) `l am only interested in donating a Conservation Easement I dm imerested rn parlicipating in the Purchase of Development Bights Program, but l would Also like the County it) generally consider holding a conservation easement on n1y land. :..�.�.sv:o....,..:s_..�-.wrssz-xs.-ter-:rte.. ... �........ . a,-,W:__o�.r...:«,.u,.�t:.a�,>•.�.�e:-wz.�v ,k -.x_ -.s •._:.:°u.:.irc:a�..-ac�,-,e—r ,.:_r,�.,:.sw�::...;..-- sE.`Z?:: lit Po;)e y 0-11 r wilivil-, Humbers inn; acrE3 tC`-ior eadl d:orltigOOLIS par ,'I. iI )f or. p-ropw"Ies if) i` "") or more f ica..os- if,, the County, I Leese fill out a sepirate applica--ol- io er—i? as L'Jlil f _ s'OIeEi and ;,c-skierec; Is dr?C)tildK=' i1',,'.i How many contiguous parcels are a part of this application? tst property's tax Map Identification Number AA ACleage 2nd €o-)ert)+`s-tax Map Idemificatim) Murnber I rj — Acreage 3rd# Property's Idr lvraf) Identification NumberR _ —'� Acrea(e F 4th Property's Tax k4ap Identification Number Acreage Magisterial District(s) of ParMs 1 - 4 /` 7oninq District %4assificatiorl(s) for Parcels 1 - 4 Are the parcels n' pareel d:drrrently irl l_an[l Use? Street f�� S G�ilioa It rile parcellsl flava an assigned address,a list it to the right, q ,, yy jj t� City ) t 'V [:11 ` � ,r --,� zip daC c rL= Com` q c;� - , irY) fe' 63 C-k D.,..� �Sl� c -Orr ` P/ Yl,,)o —4klq c ./ mp Conservation Easement Application Frederick County Conservation Easement Authority & The Frederick County 1'latmim� Dcl)tu'trlx:nt Property Qualification historical. aeoio:,FIG, uP.4fIfO111T1enI. 1, nC7 ged�rapilic citlestidns nG:'.d tCr ii 3[-wel'ed to il�.. )est of '+' o, , -ili!Y .0 ;;:)!''• _!' ;I,? appliG3tlr1S). If yOii lindt E1SLte+C;(a ?araicular question Ot yIOU We 1101 Slli$- Gt the 8114L=Jef, please contact trle �;.snniny to assist you in completing the application- 540-665-5051 I Und Leveraging Can you identify any federal government fielding or private; grants that will be used towards costs associated with the conservation easement? (' yP4ie If yes, pleases identify the agency or foundations name, and the amount. �.011-en Space,-_.�R...�_� Are there any existing permanent conservation easernent(s); or national, state or local park { yes Yno that share a boundary with your property? !!'' If so, how long Is the shared boundary? Threat of Deveiopmeht 0 n Is the parcel Toned for a nonagricultural use? {' yes�nd I`so, what is it zoned?l Can you identify if the parcel is deemed to be threatened due to it`s proximity to the County's Urban Development Area or Sewer and Water Service Area I)oundary? (` yesno It so, flow close is it? �_.__.� Has property nearby been developed for nonagricultural use within the last three years? yes .�r'�° if so, 11 OW close is it? Natural, Ctrltt.11111, Recreational, and Scenic Resout`ces Identify if the parcel adjoins a state maintained road, designated Virginia scenic highway/ byway, or a non -designated public road? A _ y� %' f4{"f" i`�-%1�1 SLI yes C' no Now much road frontage, ? �" it? feet? -t L(,T= f _. l EJti!LfL L `i s�5 cs) 113 Does the parcel or adjoining parcel(s) front a public trail or is i identified as part of a planned ? -yes C eta trail network? j Please identify. IYt�� c I i Z/ Conservation Easement Application Frederick CnlflltV CAnSCI-va tion EaseMent .Authoril�' The Freckerich Comm. m . Plannin', Depatrtmcnt G'7txs.,t-'7--Tt., .�'.'�' .x.U:.=".��_r_.�... _,_��.:._.at. xwa;�'T`t.Sa:T.F.=:. _---^-� .__�__ ..... _�__n..._` _-•---� --' - --' ._ v. _.__, .._ .__.. Natural, CUIttlral, Recroatiotzal, and SG211iC resources, ContinUOCI If you need heir filling ally of this Information out please Contact the Plannin,a Doparorient. 540-665-5651 Is the parcel within or Adjoining a national or state historic park or Civil War battlefield that is listed on the State or National Register of Historic Places, or is subject to a permanent easement protecting ar his todr, resource? C' yes Xrta 1• --- If yes, please list them. ..,'___._..-----_._.--VOeS l Ie parc_( CORTWM ora join a piYcwfFarcot arrls an h15 or'ic SlrLfroiUrC i�f en�llleii-{))' fPlF? Frederick County Rural Landmark Survey or otherwise clorumentr d as I)eing over 100 years old. C ye-14 AS no f if yes, please list them. -- woes the -urge'-Tcontain--'ideiiti7ieT7rcheoTacjrcal resources?V- C yes Xno if yes, please list there. Is the parcel within as watershed or subwatershed-identified as impaired on the Virginia Department of Environmental Dualityts Impaired Waters List. (' yes Y4`10 If yes, please identify. Are there any perennial strearn(s) identified by the L1SGS 7.5 minute series quad reaps or another reliable source, located on the parcel. „ yes es (' no if yes, please lease list then -r 'C ` C f�� 0�� f , Oil) [ orad Indicate the length of stream frontage. Are there any other perennial springs or wetlands on the Marcel? ( yes Krio 1F yes,please identify. Is tiro parcel within a sensitive groundwater recharging area as demonstrated by the presence of sinkholes or karst topography? (` yes Xno if yes, please identify. Cott serva tion Easement AlInAliceatiot-j- Frederick Cottnt), (.ot?SCI-Vatlon L:amement Atithority Thc Frederick County Plnmvni� Departmenl r�........ _ ars Rum or Forestland Protection H you need hefp filling any of this information out, please contact the Planning Gepac . -: . 540-605-5651 Can you demonstrate that you have in place a conservation clan or participate in a recognized program that restores-and!or protects stream channels, riparian zone,,, and wotlonds? '..� U C-1 m m Q rz-uT) -I-m n m-r--c--f icam(PNI '7f a C) a/ e J j GLS Is there any prime farmland (as identified by the 7981 USDA Soil Survey of Fre lorick County) contained on the: parcel? Yes nr> � �'1'� "1 � { c i}� Cif � }e�t,LOQ.'C. CIT. AIR IV /L If }a;s, please list' acreage and soils. / q 1g' � S C. -)f Z_ LS,I,,_A i"`Ue c/v 7 l? eLllyC' CJCJCV' , a. . _ C C.4 — _1) _ Are there any agricuhural or forestal districts or taxation -relate=d agricultural or for$g.stal land? -ti c`, -L_ ,yes ( no lfyes,pleaseidentify� /'Lj� 1Gt'} and list acreage. (r'S : O 0 (7t9 `c . 4} ?� U C- � NE5`r' CQU4 ��r Are there any approved nutrient management plans and/or agricultural best management practices as approved by the Lord Fairfax Soil and Water Cons&vation District or Natural Resources Conservation Service associated with these propertie=s? C yes Wo If yes, please: identify. I_� f 'Soo C'�1rlC(A' ..l i1 t`� �E; i 1 �+ CE�Tp ' l JJ l �t 1;l br Wit' Lf , P C�Q,R}'t +fy_�11��4A��jG`tCr�.�,� �'1'C'�.� �- What is your visiorr k1mWe cod �7"�'t" �pk anA' � �L'J neo ' .-Ss �a for your land?`� C� c S� C'� . +f:� 10,,E -N61 tell us ha�v would ' `} �G' (� ��'�� 1 ICY �� outX'-� you like your land to are, qCan(i IN t< -S euuv ��--C'om O`(:. -sQ he used, and not used {�`� j �{,j`e-, r� 14 ;N, l -P (�£_ r� � c in TQ-Cdcl?-fC/t*.._. in the future. [,mt 'f -k M l :� Lc.Lncl co,LL r� m aih1 hot)cIIQi I N 1!t q -4-1-e_ cu -)CI be, 'gV'q('f -f0- ��I i- -9-010 m I -`6''-/ti)d5 -i-n F i'} U 1NG t� sly-eJ t✓it S I l , f h t �' K, ��Llt%A rt , 5a Ct- & r qcr c l fl(' c,� u ? l l ii�c�ce t l ed)) l�tl ry A r NT3 w rE�1 � � t � t J L 1, La's?` j'��j , ra . d6paca Aboty 7hla Llne le t'trr Mourcury Octal 71& i nstranienl was prepared by: Va11oy Warat Cxedit, ACA _.., _ as fig t/110mine" !r0 Box 27002700 -' Winahoutoa: _VA 22604.•2_700_ Lanll No, 035 010 326124-02 _ Tnx Parcel Ideatlffeallmt No. 19-A--56 6 66h CRE'DI'Y LINE DEED Or, TRUST NOTICE: TIiIS DEBT SEGURFD HERFDY B SI11KIEC>I' TO CALL IN FOLL OR THE TERMS TIMREON BEING MODIVIED IN TARE F VFNT ON SALT+ OR CONIVLYANCY, OF THE PROPERTY CONVEYED. THT3 I)IKED OF 171UST CONTAINS A DULL -Oil -SALE 11110VISION AND 317CURES INDEBTEDNESS UNDER A CR MIT ACREEMENC WICH PROVB)t" irOR A RrVd)LVING LIMP OF CREDIT ANn COMMINS A VARIABLE RKMI OF INTIMMT, UjWS p,C EQ11 I.INFOMUJ?Ft-1�5nj,' Maxhnum aggregate atnoutit of princfpml to be scoured hereby at any one time: S 30, 000.00 'I727S CUBDIT LINE DEED Olt'MUST ("Sec9srity trlstrumonl") is given on ldarch 11, 2004 by and bellYeon sonny a CrlA1MH1UPIN, III luaus, pn+i.rt M. Butler. ("Tnrsteo'), whose addtuss(es) ishan 112 south Cam4r011, Ht. _ M11Wt00ter VA 22601 This Security ilrslmmom is given to�� VeTSa Laaaa. credit, ACA _ an agent/riTnLLine which is a FccdemIIy chartered i igruntentality orgarrt-rerl tttrd exisling under lie laws of the Uniled Stales ofAinericawhose addremsis PO nox 2700 liirrcltas r VA 22 60 4--2 7 00 ("Lender"). Bogower owes Lender the maximwn Principal sunt of Thirty Ihounettld and 00/.100_ _ Dollars (U,$. S 30, 000.00 ), This debt is evidenced by Borrowces Farm Credit Home Equity Line of Credit Agreement aiid Tiuitl-in-Lending DlsclonIM dated the same data as this Security Irtsinmronl ("Credit Agreement"), the torus of which an ittcorptaied herein by reference, with Ilio full indebtedrncs, if not paid cultor, duo and payable tan (10) years from Elsa date of this Security Instnlment. Lender has agned to make advames to Borrower tender ilio intik of the Credit Agreement, witiob advances will be or a revolving nab= arra may bo made, M[Mid MO relrorrntvcd from time to lime. This-Secivity Instrumerrt secures to Lander: (a) the mToymont of the indebtedness due avid to betaine due as evidenced by the Credit Agmemom widi interest, and any modifications thereof, (b) the payment of all olher wim, with Interest, adviriced wider paragraph 7 to protect Elba security of this Sconity lnsEromant; and (c) Cho potformar= of Borrower's covenants and agteentents wider this Security Instrument grid the Credit Agns;ment. For this pugwse, Barrower, tut considenrtlor of tlrls debt, does Itatnby grant anti convay to Lender and Lender's successors and assigns the following described Importy located in Yzcdvrir* chyhComily Virginia: ane attached Ochadulo "A" which lire the addim of i251 Adntw Ad (Srlrsl] - r4inolrontar Virginia 22603 ("Propeny Address'): Ply) (VP coda] t1e0001VA Nuri rev, t to e TO tdAVL AND 'IC) HOLD ibis proporty unto Lctulor tool Leivlcr's sins;cessom audassigns, folevel, together with all tine improvements now sir ltcrra€ter erected on -flip propcity, and fill casentents, apputtellances, and fixtures now or laoteafler-n pari of tho properly. All.rcjitacontenls and ndrddiiaits shall also be covallxl by this Security Insltunicnt, All of the fntogving is refonc 1 fo1n IIIIS Securhly htstrummnl as Ute "Ptopetly." BORROWA COVENANT'S dial Borrower is lawfully seized of the estalm hereby conveyed and iras flip, light to mortgage, grant and convey dio.Property and. Out the property is. uuencnutbeietl, meth for oncrunbmnm of record. Borrower warfmo and will defeud specifically the lisle to dhc Ptcpeldy against all claims mul demuffids, subject to any oucwnbiati s of axord, THIS SECURITY INSMIUMENT combines uniform covenants for tuitional use Hud non•uuifornt cdvenitais widr'llanited variations by juiisdiclion to copstituie a unlfanni security imintinoru covering real property' UNIFORM COVBNAN'iS. Boirowerand Lauder covenant and alma as follows: 1. Payment of Principal and Inti l-catt Late Chargm, Borrower shall prornfidy pry when due the Principal of and interest on the debt evidenced by the Crcdit'Agreennant and' any late charges due nutter the Crcdll Agtccntcnl. 2. Funds for Tom and Liguranch. Subject to ry'iplicable law or at 1=dceii oplimt, l3ortuwer shall Pay to Lelxieron the day monthly p lymienis bre-due undnr then Criedit Agmemcni, umil the Credit Agicemenl Is paid in full, a sum ('roods") for: -(a) yearly laxer -and assos9rnantt vvhlch utay,ammin priority over this Security histruutent as a lien on the Yroporty; (b) yearly leasehold payments or ground reals on the Proliotdy, ff any; (c) yearly hazard or jrropany fnsurauoe prernitum; and (d) yearly flood inswunce prenuuais, if any. 'these items are called "Escrow ltcuis:" Letuier may esfintale'the amount of Funds due oft the basis of aurum darn and mettsasabhc estinintes -or expenOUnres of fiiuttu Escrow hems or-othehviso in aceordarm with applicabie law.. The lrtutds shall he held, at Lerdbr's 9610 option, -in art iirsdtullom ivinasc depxrsil9 an: irtsuad by a Federal agency, instrumentality, or enlily`or in any Fedond fEomc Louii Hank. Uenler'slarll.apply the Funds to pay tltc E6eiotVItems. -Leader may uqt charge florrower for bolding and applying the bunds, annually analyzing the esmiy 'aomunt, or verifying the Escrow rte unless Leader pays Borrovrer Interest on the Funds and applicable taw penruls J etider.to make -such n c1�ge. However, Lander inay mquim Borrower to PAY a cumfine charge for an independent real estate tax repadirg sotAce tiscd by Lender inconticelion with this loan, lintess applicable laly provides otlteiwise.'Undess an agteenient is made or oppliwblo Isiv requires intemsl to be jrnA Wider ider shiall not"lire requited io pay k3on6wer any Itueml or €amings vii flee Funds. Borrower and Lender tuay.agm 'in wriiing, linvimr, that init" shall bo paid on the muds. Lender shall give to Borrower, without charge,'an annual ifcountiug of the Minds, showing onxhts and-4lebils to tine Funds and the,Purposo for which each debit- to le Funds was ;nada. The Fluids Are pledged as additional secudl for all sum kotivedby this SectuiEy']instnnnient. If the Funds held by Lanier oxocc tlho amoOmis.poratitted to Ire ]told by applicable law, lender shall fxxoun. lir Borrower for lite excess rutins "En occorclamo with.fttc rrguirortwnls-bf applicable_ lave: if the amount of the Funds held Lender Rt ritzy. Brae is trot sufficient do pay rho BMW Ilems when due, Lender May so notify Burrower in writing, and, err such case. Borrower shutll.pay .to E erirder lho'nun nail, neccssaylo nmkc up the deficiency. Borrower shall snake up the deficiency in no -more than my'lve-nonlbly payments. al Lenler's sole discretion. - . Upon payment in full of ali stints sdcuted=by this Security InsliumBnt, Leader shall prouiplly-roftind to Horrowor any Frauds held by Lctdler. If, uiitler paragraph 19, i.ender shall -aotiuiro-or sell the Fopertp, Lender, prior to OtUAWqufsilion or sale 6f& Prvpany, shall apply a4 -Funds heli] by_Lenlor at the time of natuisition or mic Ain credit agairut l lieS6vius'secunxl by this Security lnstm rant.. 3. Aliplicallon' of Payments. Unless applicable law provides othotwisei all payments received by Lender snider Imagmphs`] atkl 2 shall be appldod: first,-loany antodms payable under paragraph 2; second, lu tiro older Lender chooses, to interest due; third, to principal-duo;'awl last, to auy' into charges or atiter amounts due under the -Credit Agreement. ' 4. Charges; Liens. Borrower snail. pap all taxes, assessments, chaiges, furas and impositions attributable lo'llre Property; wbichervty attain pfiotity over tint Security Instiuimanl..azul leasehroltl payments or ground retus, if arty. Borrower shall lAy-lbose obligations in slid maturer -provided iii paragraph 2, or if riot paid in tluit manner, Borrawor shall pay them oro tima direcily to the peri6i owed payment. Borrolver shall pitontptly upon regticst by.LmntEer furnish to'[.oldlor alfiwlices'of auaunts to Ire pail ander Ibis p5'tra&mph, "If Borrower makcs.theso payaicnls directly; flarrowcr shall promptly upon request by ].ender funifsh.to Lender receipts evidencing the payments. 5. Hazard or Properly hmumice Borrower shall ke ilio �inrproveuuias now existing or hereafter erected on the Property insurer] agaiirsl loss by fire, Imzard ihcdutded %Albin tho tern "exleiided covenrge" ardh nny outer Itruards for which Lender requires iresumnec. This insi uartre shall be inabilahzd in 1110 antoutus and for the periuds.that Lender rehires. The lnss mike carder-jumviding the hnstuance shall be chosen by Bottom subject to Leadet's approval wWoli slsall amt be unseasonably withhold. If Borrower fails to rnafotain coverage described above, Lender nny, at Lender's option, obtain covenago to prolect Lendel'a rights in tlw Property lit accardanoo Ivith pamgmph 7. In addidolvto zither ituunincc coverages, if the property is locufed In a goyemindnl mandated flood area where Pat]icipatiod In a redcnU Itivod lusumme Program is requiFed; Bolrower ogrevs that upon rroeipt of notiJ`hcalion from Under nand within the tiiue periost eslebtithal by Leirder, Botrower. will ohlaiu am] maintain flood iruurenfce lir srlCh emmnt as Lander requires on all buildings, lrupiroventents and mobile. houses) now eidsliitg of lteroatter eroded; placed or ri-Wulaftiecl on IM Property described in this Smurily ' i. Instnuucnt, together with all other personaf;,propony securing Bokovm's- obligations to Under and nudnlained on or ht such buildings,'Inipiovenrcnts or mobite hom4(s), wall the loan, advanob an it alk other indebmitwss swu ell by this Secu ty Iw"amtunt arc fully ]raid. Lender tray rlequim Horrovier to obtain and tlaa6aaVAtSSpi] P[;�2t30 ' .-:tl maintain such flood irwininw at tiro time tale loan cecunxt hereby is closed or any time 11i'maner unlit the loaa scooted hereby is fully Maid. Bmrnwar fprlher agrees to pay bender all reasonablo fees avid costs Louder incurs in decnttining whether iuly of tho,Propeny is located in an arca having special flood haznrcls including determination fees (of luitial and svbmquent detcimikialiou as well as fees for rnoniloring lira flood hazard slants of file Property during the fife of 114 loan), togeth> r with 1110 costs Of IM111iunts and fees incurred with purchasing Rood invaraiwe for iBotrower, if Bbnuwer falls to do so widdn lite time period iequimd by Lender. Any such friss, premiums or costs sliall, in Lander's solo discietion,'bc true and payable on demand or as ollionviEo provided for in ttrc Ctixfit Agn etltenl secured by this Security ltutmtueul. All insurance policies cold mociva(s slia bo acceptabhe to Lelaier and shalF include a uatulard mutigagee clause. Linder shall have ilia right to holt] lire policies and n:novals. IfLendtr mgnires, Borroiver shall promptly give to Lender all receipts of paid preniums and mnewal-notices. In Ilic event of loss, Borrower shall give prompt natico to the Insurance carrier acrd Iander. Underway nlako proof of loss if trot matte pronptly by Borrower. Unless lander and Bonowor olltenviso agiec to wriling, Uairance proceeds shall be applied to rrsion,liert or repair of the Property damaged, if the reslmittion or repair is ecoromicalty feasible and Ladder's security is not lessened; If the restoration or repair is not oconornicaRy feasible or Lonilm s smuity would be lessened, the insurance proceeds shall bo applied to lite suns secured by lids Swarity InaLunient, whether or not then due, with any.excess ptdd 10 llonower. ff 13otrtower abandons the Pmporty, or does not mower, within 30 days, a notice froin Lender ural ilio insunlaw carrier has offered to settle a claim, then Lender may collect ilia insurance proceeds. Lander may use tine proceeds to mpair or rostote llin Property or to pay suras secured by this Security lusttuuvent, wlicllcr or not then dua. '1'kte 30 -day period will begin when the Police is giVeli. Unless Larder and Borrower otherwise agree in wiiftug, any application of proceeds to principal shall not extend or posipone the due date of the monthly payments roferral to in patagraphs 1 and 2 or clrurga the anlonot of Clic payments. If under parpgraph 19 the Property is acquired by Lender, [adorer's right to any insurance policies and proceeds rrestdiing from damage to the Propody prior to ilia acquisition shall pass to Lender to Ilse extent of tlo sums secured by tlds Security Insunnteut dnmtediolely prior to the zcquisilion. 6, PPraervatlnn, efaintenatice nod Protection of ilia Property; ilorroviel's Lorin Appilcatiou; "nholds. Borrower shalt not destroy, dattiage or impair the Property, allow the Property to deteriorate, or commit waste oil lite Pnrperty. Borrower shall be h► default if any forfeiture action or ptncecdins, whether civil or crindual, is begun that int Leudires good Faith judgrncnt'could rusult In forfcilune of Ilia Property or olhenvis0 nlatefiaily impair the ,lien created by this Security flisimnient lir Lardaes security iniewsL lDorrower may curl such a default and rainstale, its provided in.paragraph 17, by eausblg Ile action or prucccding to be dismissed with a iuiiug that, in Leadet's good faith dolemiutalion, precludes forfeiture of the Borrower's interest in ilia Property at other material impairamill df tiro lien created by this Security hutnrmout or Lencicr's security illten Sty Borrower shall also be in.dofauft if Harrower, during the loan application process, gave materially falso or Inaccurate infomiatlon or staterooms to Lender (or failed to provide Lander with any material Information) in connection with the Tuan evidenced by the Credit Agmulent, including, bill not ]hotted to, representations Concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if flotrower acquires fea JIM to the Property, the leasehold mrd the foe title shalt not merge uriless Leodersgteas (o the merger in wriling. 7. Proleellon of Ltuder's Itighta in ilia Property, If Borrower fails to perfonu Elia coveliarrts and agmomonts contained fn Ihls Security i uburnant, or Ikm is a legal {)roaecdfug that may signiticanlly affect Lender's rights in tho Property (such as a procecding.in bankruptcy, prubalc, for codeintnalion or ferfeittnc or to enforce laws or angulations), then i.cluler may do and pay for whatever is necessary to protect 1110 vidue of the Property slid Lender's tights in tha Pfoparty. Lender's actions may include paying any suns loured by a fsen which las priority.over this Security Iitsutmynt, appearing in comt, paying reasonable 2ltontoys' fees and entering on rho Piupeity to stake repairs. Although fandcr.may take action under This paragraph 7. Lctdordoes not leave to do so. Any nnounts disburst.d by Letdcr umler lids panigraph 7 shall becoine addhiontil debt of Borrower sccwed by dos Stxairity Instnlmem. Un lem Borrower and Wider agree to other tong of payment. these amounts shall bear interest from the dale of disbuiscawrit at the into in des Credit Agreement and shall be payable, with interest, upon police from Londcrto Borrower tuxluestiog payment. U. Impectlon, I,eluler or its agent is ay make jemnable entries upon and inspections of tau: Pmlretty. Lender shall give floitower notice at the little of or prior to in inspection specifying tt asonable cause for the inspection. 9. Condetnuatlon. ria proceeds of any award or claim for damages, direct or consequential, in corinocthon with any condemnation or other taking of may pan of rhe Property, or for conveys iae in licit of coudemuatiou, am hian.11y assigned and shall be Maid to Lander to the extent of any indebtedness under the Credit Agreendent, subject to the, terms and conditions of any mortgage, (Iced of tout or other smitity agmentent which lues priority over this Security hutnuieut. If the Pfopedty is nbatidoned by Borrower, or if after notice by Lender to 1)otro%VCr that Ilia Candellutor offers to ntake an award or Soule a claim for damages, Borrower falls to respond to Lomior within 30 days after the date ilia notice is given, lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to Ilia sums s Bred by this Security hisimnu;ru, whetter or not then dne. Unless Lender and Botrower otimAylso ngn>o in writing, any application of proceeds to principal shnil not extend or postpone, dr, due date of the mouduly paynients refanod to ht pautgraphs 1 azul 2 orchange the amount of such paymcros. 10, Borrower 1Vot Ilclensedt ForbMilllea By I.Cnder Not a %Vaiver. Extension of the lino for payment or modific,alion of anuirtiration of lite suns secured by this Seculily Instrument giamerl by Lender to any successor in Interest of 13orrowar sisal( not operate to release the liability of ilio original Borrower or Borrower's successors in interest. Lender shall not be miuired to coninwrice prnaxilings against any successor in interest or re.fihso to extend time for payment or otherwise niudlfy, amoilization of the sums secured by this Security histniniattt by n ason of any dentand ntarlc, by ilio origitinl Borrower or Borrower's successors in Interest. Any forbeairance by Le- der in exercising any right or remedy slutll not be a waiver of or pmludo the exercise. ofany right or renledy.. 11, Successors and Amigne Bonndl -Joint and Several Liahilityl CD-siguero. 11e covenants find agiconienls of this 5ectuity h>,sttutnent shall bind and boncfil tle successors and assigns of Lender and 4ea00M t>,n ax'r] 0a .f71 maintain such flood irwininw at tiro time tale loan cecunxt hereby is closed or any time 11i'maner unlit the loaa scooted hereby is fully Maid. Bmrnwar fprlher agrees to pay bender all reasonablo fees avid costs Louder incurs in decnttining whether iuly of tho,Propeny is located in an arca having special flood haznrcls including determination fees (of luitial and svbmquent detcimikialiou as well as fees for rnoniloring lira flood hazard slants of file Property during the fife of 114 loan), togeth> r with 1110 costs Of IM111iunts and fees incurred with purchasing Rood invaraiwe for iBotrower, if Bbnuwer falls to do so widdn lite time period iequimd by Lender. Any such friss, premiums or costs sliall, in Lander's solo discietion,'bc true and payable on demand or as ollionviEo provided for in ttrc Ctixfit Agn etltenl secured by this Security ltutmtueul. All insurance policies cold mociva(s slia bo acceptabhe to Lelaier and shalF include a uatulard mutigagee clause. Linder shall have ilia right to holt] lire policies and n:novals. IfLendtr mgnires, Borroiver shall promptly give to Lender all receipts of paid preniums and mnewal-notices. In Ilic event of loss, Borrower shall give prompt natico to the Insurance carrier acrd Iander. Underway nlako proof of loss if trot matte pronptly by Borrower. Unless lander and Bonowor olltenviso agiec to wriling, Uairance proceeds shall be applied to rrsion,liert or repair of the Property damaged, if the reslmittion or repair is ecoromicalty feasible and Ladder's security is not lessened; If the restoration or repair is not oconornicaRy feasible or Lonilm s smuity would be lessened, the insurance proceeds shall bo applied to lite suns secured by lids Swarity InaLunient, whether or not then due, with any.excess ptdd 10 llonower. ff 13otrtower abandons the Pmporty, or does not mower, within 30 days, a notice froin Lender ural ilio insunlaw carrier has offered to settle a claim, then Lender may collect ilia insurance proceeds. Lander may use tine proceeds to mpair or rostote llin Property or to pay suras secured by this Security lusttuuvent, wlicllcr or not then dua. '1'kte 30 -day period will begin when the Police is giVeli. Unless Larder and Borrower otherwise agree in wiiftug, any application of proceeds to principal shall not extend or posipone the due date of the monthly payments roferral to in patagraphs 1 and 2 or clrurga the anlonot of Clic payments. If under parpgraph 19 the Property is acquired by Lender, [adorer's right to any insurance policies and proceeds rrestdiing from damage to the Propody prior to ilia acquisition shall pass to Lender to Ilse extent of tlo sums secured by tlds Security Insunnteut dnmtediolely prior to the zcquisilion. 6, PPraervatlnn, efaintenatice nod Protection of ilia Property; ilorroviel's Lorin Appilcatiou; "nholds. Borrower shalt not destroy, dattiage or impair the Property, allow the Property to deteriorate, or commit waste oil lite Pnrperty. Borrower shall be h► default if any forfeiture action or ptncecdins, whether civil or crindual, is begun that int Leudires good Faith judgrncnt'could rusult In forfcilune of Ilia Property or olhenvis0 nlatefiaily impair the ,lien created by this Security flisimnient lir Lardaes security iniewsL lDorrower may curl such a default and rainstale, its provided in.paragraph 17, by eausblg Ile action or prucccding to be dismissed with a iuiiug that, in Leadet's good faith dolemiutalion, precludes forfeiture of the Borrower's interest in ilia Property at other material impairamill df tiro lien created by this Security hutnrmout or Lencicr's security illten Sty Borrower shall also be in.dofauft if Harrower, during the loan application process, gave materially falso or Inaccurate infomiatlon or staterooms to Lender (or failed to provide Lander with any material Information) in connection with the Tuan evidenced by the Credit Agmulent, including, bill not ]hotted to, representations Concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if flotrower acquires fea JIM to the Property, the leasehold mrd the foe title shalt not merge uriless Leodersgteas (o the merger in wriling. 7. Proleellon of Ltuder's Itighta in ilia Property, If Borrower fails to perfonu Elia coveliarrts and agmomonts contained fn Ihls Security i uburnant, or Ikm is a legal {)roaecdfug that may signiticanlly affect Lender's rights in tho Property (such as a procecding.in bankruptcy, prubalc, for codeintnalion or ferfeittnc or to enforce laws or angulations), then i.cluler may do and pay for whatever is necessary to protect 1110 vidue of the Property slid Lender's tights in tha Pfoparty. Lender's actions may include paying any suns loured by a fsen which las priority.over this Security Iitsutmynt, appearing in comt, paying reasonable 2ltontoys' fees and entering on rho Piupeity to stake repairs. Although fandcr.may take action under This paragraph 7. Lctdordoes not leave to do so. Any nnounts disburst.d by Letdcr umler lids panigraph 7 shall becoine addhiontil debt of Borrower sccwed by dos Stxairity Instnlmem. Un lem Borrower and Wider agree to other tong of payment. these amounts shall bear interest from the dale of disbuiscawrit at the into in des Credit Agreement and shall be payable, with interest, upon police from Londcrto Borrower tuxluestiog payment. U. Impectlon, I,eluler or its agent is ay make jemnable entries upon and inspections of tau: Pmlretty. Lender shall give floitower notice at the little of or prior to in inspection specifying tt asonable cause for the inspection. 9. Condetnuatlon. ria proceeds of any award or claim for damages, direct or consequential, in corinocthon with any condemnation or other taking of may pan of rhe Property, or for conveys iae in licit of coudemuatiou, am hian.11y assigned and shall be Maid to Lander to the extent of any indebtedness under the Credit Agreendent, subject to the, terms and conditions of any mortgage, (Iced of tout or other smitity agmentent which lues priority over this Security hutnuieut. If the Pfopedty is nbatidoned by Borrower, or if after notice by Lender to 1)otro%VCr that Ilia Candellutor offers to ntake an award or Soule a claim for damages, Borrower falls to respond to Lomior within 30 days after the date ilia notice is given, lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to Ilia sums s Bred by this Security hisimnu;ru, whetter or not then dne. Unless Lender and Botrower otimAylso ngn>o in writing, any application of proceeds to principal shnil not extend or postpone, dr, due date of the mouduly paynients refanod to ht pautgraphs 1 azul 2 orchange the amount of such paymcros. 10, Borrower 1Vot Ilclensedt ForbMilllea By I.Cnder Not a %Vaiver. Extension of the lino for payment or modific,alion of anuirtiration of lite suns secured by this Seculily Instrument giamerl by Lender to any successor in Interest of 13orrowar sisal( not operate to release the liability of ilio original Borrower or Borrower's successors in interest. Lender shall not be miuired to coninwrice prnaxilings against any successor in interest or re.fihso to extend time for payment or otherwise niudlfy, amoilization of the sums secured by this Security histniniattt by n ason of any dentand ntarlc, by ilio origitinl Borrower or Borrower's successors in Interest. Any forbeairance by Le- der in exercising any right or remedy slutll not be a waiver of or pmludo the exercise. ofany right or renledy.. 11, Successors and Amigne Bonndl -Joint and Several Liahilityl CD-siguero. 11e covenants find agiconienls of this 5ectuity h>,sttutnent shall bind and boncfil tle successors and assigns of Lender and 4ea00M t>,n ax'r] 0a Bottower, s"ubjcot to the ppiQVIglQ1t5 a f pa[agtaJill 16. BOrrQrS'ar`s CovelianLS miil.agireellteklla:'sliaJl be joint and sevcnll, Any Boirurver ivlw co sigFts tfais Security lustnutunl bill does"nai axr�uty tl> Credit Agiknwnt: (a) is ca'slgraing this-Scciuity Inslntruenu only to 01011gage, Pram ntat,tsoatvcy."tftas Dah-ower's intelest.in the Piupetty audcrLho'centis of this'Sectnily histrunwiu; (b) -is tali pgtscinakly,ahli tctl to pity Nu stuns saculed by this 9M ity,histiu IUM', find (C) Agrt that I: lift glad miy odiet iiorllivnr may, agree to Cxlemt, Modify, forbear pr utake any riccosiiniodatians iWi•46,9aid 6 tli 10fiQs Qf 1h15 Sei,urily fltsaniratant•or the Credit Agratainenl without that 13anDnat's"catuaul.; . - ; . 12. PrCor'Pdiot#t nge.vi Deed of Tr uetl glodLficatlbu;trlurc Arlvatiea;k3otrasverSpall not enter into any agreemew'with the holder of any mmtgdga, dced or Irusl or olliersecurity.aQrecmcnl ivhtch has priority over iris Secant. Iiisintrameni by which that security agrool" is flotlificd, attended, extended or renewed, wtrhQii[ lire Jlrtar SVtitren comm Qf 115a,I.arrder. U9tmWet a11n1171e1UkP.f,rCGtre$t RQr aCCeiit,any fIFIWe aclvku�e Wider a pFlaY nivtlgrlgc, deed 0�"1 nt5l 6i,FiCallrlty >}glEe3a�nl w41tgWC UYC j}rlQr Wr111e11 COttSCnt of U1C 1.CndCr. 13, Notitxs. Any nofi6o to Borrower dt.1,6adeaplovittrxf for in this"Security hutmnieut.shaki be given by delivetiirg it or by tiralliag it by,i'rrst class nudi unless appheable-lacy requires use of pnatlicr rliutlaad, Any 13ofiCG provided for illthis Security, Instniiuont sliall nut CQncarrcnity tydlll city notice requirement governed by law, tudess cxptcssly prohibited by weli 11mv. 14• Governing Larv;.Sewerablilly: This S4urily insuuinaatl_sltall tic goverired by Fedetal law wl.110 late af'17re juristlfetton-in tvhlch tiro L'roliorty, is located. En"the cveiu thAi-ratty provision or clause of this Srx;tirity Instrument.& tbe.Cmdit Agicellient conflicts %vitll applicable law, such conflict shall not affect other provisiops of 1166 Sceudly lnsltuninnt.or the Credit Agreement, which can ba•givcu effect without the cnldfictiag provision. To Otis Ctul, tate prvyisiQus of dos Sccurily,hisuuntcall mu! the Cwdit,Agreeqlclil are declared to be severable: 15. llorrower'a Copy. Borrower shall be given one confirnnd copy of did, Credit Agwoniatll and of this Sccurily lrutnintent. lo. Timitsfer of tlfc Pt•6iier-ty. If all`0i,any )girt of t)),-,properly:or;;lny interest 'in it is sold or transferred (or ifs Itelleliciol luferrst imr Bonoiver is sold or trsusiarr d and Dpi -rower is lwi it naturalperson) wilhouf.LendelIs �prriQi,tvrit[cri omisent, Lcrader'itsky;'at.its option, mquiie,irnmcrliato Irnytticnt fit full a all slims sccttred by tliis:Secmiiy liistrunietu ltoWgvcr, Lender strait not exefdW Ws option tfFederal law as of the date of lilts Security Imltwneitt prtrltibils,oxerctse. If l.endci exercises tlris"6ptian, .Under'shsll give 13vrrotvo"r li6116 of ncceleratiQtr. Tit, notice shall provide a period of not -Iess.than -30 days front the date the notice is given, as. provided. in paragraph 13, within wliichllonowor inti.0 iray all swits secured by, flifa 5eeurity loslnunont."lf t3oriovn r fails Io,pay UWSc sums. -prior -to: IN oxpiratian of this periQd,'Uhder,trkay" ar oke, p* nrn uy edies Icnnilted by Uds. Security Instnarimnl iviltkonl futthetrwtitre.of'tk[tyittcl ou'iiarrower.-:-.; - 17: Ml'Towcr'a Mot to Tteivatatc If Iformlver tlleels certain coliiiltions, Borrower stunt `Itave tilt right to have enfarcennern of ThisSecurity,IustnimoYi dtscontiiiQed nt airy lime prior to title earlier OC- (a) sale of the kperty pursWML to any -Polo of.W6 txtniainMl'iu this Secu[ity'Instittrnrent;'6r (b) enity of a jttdgntcol eiifotcuig tilts Stxairity $striamcnL-% Jmse 6nditions arc titai,I4oProwca-. (a) pays I esider•a1l Sano wldch tram tvoiild be duo ulider this Security Instturrtent arxl•flio'Cledit-Agtr_antetitas if no acceleration had occurmed ur (b) ces;any.tifaairy ult•af -*her d9miarils ar'egreemeiits; (d) pays all expenses incurred ht eufomiq,lids Swurity 1=una4;ikicltiding; but hullinitallo, ,reasoi1gblo attorneys' fees; alul-(d) takes snClt 0ali0n as Le1Mf$Y-,flay reASollftllly te"A6 Io'ik i6o that Ute fieri of dila Security lttstruinenl,. Leudeei righis'irrthe Pro;lesty,aW Borroivet`s.obligalivu#a•paiyUau 6Wtn soured by tklis.secaarily Instrtnient.shalt continue utxhatagod: Upon rehisietartcnt by llorioit'cr, this Secuti(y hisumaent airttt.tho obilgalkons secured ltcrebyy alert reitiain Hilly eiiecdve as if ito •neccicrnkioai had gceum�l' '. ' = 18: ltardontai 5ubitartcet: IYic te�ms'.'ltazafd4bs waste,° "l g-suUstttitcc,"•."dispasat " „release" and "tlueatenetl nutcase" as lined:in llijs,Spciiifty.Ipsuttatbrd, shah-htive tiie'.sanra.iueari6tgs'ns set fort) in ilia Conlpmheasive Ertviromircnud i6Sp6irsc, CQmlrtnsetiall aril Liability: Apt of 1980, as amended, 42 U.S.C, Suction 9601; et 9q. ("CERCLA".),,tbo.Superfund Amendments kW fltcautimrizwioh Act of 1986, Pub. L. No. 99-•499 ("SARA"), the kftmdoui Mritaiials: rninsportation Ac( -.49' U.S.C. Section 1801, it seq., fn - Resource Conservation iind'Reeovety Agl,' 11 U.S.C. -Sidion-:5901; of wq., tie-olliar akpplicAlilc state or Irelieral laws; rules or rcgulatiolts:advppied pdtsitan! tQ pay Of t1iO fgregaidg. The-,lernis `luvnrdous,wastp• and "hazardous subsiance" shall also include, willtoitl limilatfon, ptxrQletlitt and pctroleuali:by-ptiiilucts or any fraction drorrof and.aSbeslQ5 JSotmbwcr repo s rata and:ivareams to Lcndei thtu'(aj Durhig the period of Bgrtlivrcl's titvnership oft tlieio etas bean'rw use, gene-,tltoil. nlatntifaciule; storage, _treaunenl, disposal, rcicasc.ar tiucalorxd ideas of;aliy lsczardoits substance ora, untter; about or.fmom rho property; (b) Buu tir Borrower 10 JctiowJedgc of or reason io believe [flat them 119becit, ompt as,pniviausly disclosed to and ackrmtvlcdged'by Lander in ivrithir (ij airy use; J;eitenuon, tnamiracttue, uesimid, disposal, release or tlueatbated release of nary lttuarlous;substa ce art,' wider; about or from the PioJrarty, by arty, ptior owaaers-or occupants o4 tho I1topony or (it) any i:cliaaf or thmatoiaed litigation or; claims of any kind by any person relating to suet matters; and (c),Lxc¢pt'ais prtviausly dinclased to.irkl isckn6wleilged by Landcr.in venting, (1) neither 13orroiver [tor any lerianl, coiffmctor, agent or other aullloiizid ;user of 011e Property SWI.use, generate, nwud—tiolutc, store; treat,.d15pi So. of;QY r'CII.'alae-any lt:v t.daus-waste or mbstanca oil; under, atloin or from lite I'ruperty end (li):bity Stich ncirvify shall be conducted iii compliance with all gpplicablc Fcdcial, stale mxl local'k%vi, luonuorrs,niul ottiiituince�, Jilclttdbig •Milidut-11milation thn6 larva,• regtdafons and Ordia antes described above'. l)orrower atnlloriles Lender arlif'ftS'agents to 6ntor.uJ ou the.PiupctlyaQ itt ike such iusp a ions arid tests, at Borfower's expense, as-Lendbi' 6tay deeiir•appro)ifate to dcicmlhn campliarlw of tl r: Prouty with this mcllon of the Security- htsttuniani. Arty lnspectloais or tests -,traria try Lander shall be for Lender's purposes only and strait tial ho crirstmed to cleale"any:reslionsihilily:or liability on Ills part of Clic Leuder to Barrowar yr arty atkaer.paisou.'Plie iep=ruatio4s a nd ivwmantiis eobtaine(herein are based ori Borrowe'S due'diligelxc iii.invesdgathig,tls-' Property for: hazard6tis='4vato and subslauces. Borrutvcr Ileteby .(a) melbases Riot -,valves agy frluire:blahrYs agRJrst I,cjWer,for'intictvaily ar corudbafitiu ill, the event Borrowar liecontes liablc.for donna) or: dhiolr costs under Curl such.laws;-9nd (b) jtgrocs to fnttenutify and hold hanttic45 Letuter OAirut tiny' wit all ctnitits, losses; lrabihues,.canunges, penalties Mtia Gad ax ioQswhich Lender pray directly or indirectly wsiiiin•ar sniffer rusilltirtg frbm:,ii`U wtalt of this section of lira security Instrument oras a consequencP of.auy usc,•gcrrcralioll tnnriuftclurc,'blataJ;e, [lis� 'Fal, reteasc or tlueatetied -ralmo of Ica mdoits ivaste or EubstancC.ol1`Iho Property,'TMs-piVViSlarl9 �'tt�',•t1ti5 SM11011 of dile Security liislttrmom, iaxhadiiig flit obligation to ilidsairillfy, _$hall survive ilio paymenl,of the Indebtedricss mud the salLsfactton nod reconveyarim of Ulodicrt of. this. Sccw:ity-llistrtrn>~nt•alit r Wji -rel be affected by Loader's acquisition of gory interest tri tine L ropal-ty, iv.Mtite'rby rort clasum or othenvim. rAanaavAroun rvp4dd r0 U) 0 Olt eD .l, - cn NON-UNIFORM COVENANI'S.13owmar and I.ondor further covenant urid allfee as follows: 19, Accelm-Allont Reotedim L0111cr' altall give notice to HOrrotrer Prior to acexleratlou fallowhig llorrower's breach Of Buy Covenant 01' Agrec4nent Ira thin Security Inrtrufflent (lint not prior to bccelerallou tinder paranraph 16 unieag applicable lair provides othettv19c). The notice 2111111 €ptelry: (a) the defaull; 0)) the action required to cur: the default; (c) it date, not leas than 10 day+ It -o the data the uoilce is oven to Rormwer, by whkh the default must he cured; and (d) that failure to cure the default on or htfore the data epeeifled it, the uoltee may result in acceleration of clic stump secured by lidf Seenrrily hir1rvurrut nod fOIXCler:ire or sale of tate Property, if the default is net clued on or ttefora Ihu date spulficil In lite rioticc,-Lender at Its option way Inequlre Irnmediale paytraerr9 in full of nil fumil secured by this Security Inatttunt�it without further demand and way invoke the liotv,;r of sale hermit granted (and Borrower. ber�hy appolnls Lender thn agent and attorney -hr -fact for Burrower to excrepee paid pourer of fate) and any other itmedles ycrnrilied by applicAlrle low. Under sliall be entitled to collect jilt reasonable coafp Anti expeoles Incur it In purwing Ilse remedle0 providEd to ON paragraph 19, Including, hitt liOt 111111ted to, reasonable nttGnItYll' fees. If Trustee involtes the power of aaw, 9`lvrtec shall fend to UOrrOrtev, In the wilonerprovided in paragraph 13, notice of Trurrlec's elections to stIl fire Properiy, Trustee Shall give mince of the este by public sdvcrtimment for the time and winner prescribed by appliesble law. Truatce, without further deruand oil Ilorrorrer, 9111111 set[ fire Property at public auction to the hloeft bidder for cash at the ttnte and place In County as Trustee dealppntea in the notice of rale In one or mora: parcel+ In such order its'rvetee may deterruine, I.eridiv or bender's deftpm may purchase the Property at any sale. Truetee glint deliver to Ilio purchuler Tnistce's deed conveying the Property so sola! vpthout Any covenant or warranty, expresfrxl as- implied. The MCINl2 in Trustee's deed shall he prima facie evidence ofille truth of the Statements tuado lherelu. Rorroveerctlyenauts and agrm drat Le idertltall apply the procceds of the gale fn the follawhig anter; (e) to rtll rearouable costs end eximisea of the sale, Including, but not Ihulted to, reatoutlble attorneys' feta, reas091thic 9Ytistee's cOnlm endrin and coals Of title evidence; Qr) to 1111 sulns Secured by Ible Security Infirintic rt; still (c)1111 cxctss, if any, to lite Bergen Or perwam Iegally erglticd tharem 2o. ltedcaac. "finis Security Insimmem secures a revolving titre of credit and advames may bo mtado, repaid awl reruide from thnc to lime wider line lemic of ilta Credit Agream0m. When, nocording to the terms of tires Credit Agac-cment, eco more advances will be made, and Borower has pair! All sures ficcured by lhis Security Imirument (or earlier if rquired by applicable latv), [Antler Shall dtsclt 190 IWS Security lasnunienl, and 1111th the svrillon discharpe'is delivered to Borrower, this Secufity histnuecltl shall rennain in full force and cffcot. Borrower shall pay nrty recordation costs, 21. Waivers. BOtiowrr waives all rights of homestead exomplion in, and statutory tesk:mplion of, the Propelty and all light of npplplsenhent of the limperty and rel'urluislles all righm of curmsy and dower in Lire Property. 22, Suhstlule Trustee. leader may, from litho to Lina, in Lande's discretion, rentove Tiustee and appoint it successor trustee to any Trusted appointed hor=uft- by ins[ ummil =rdcd in ilia county in tvidch this Security Insmiment is recorded. Without conveyance of the Property, the mecimsor trusloc shall succeed to thB tide, liow wand duties confened upon thc'l)usico hereln and applicablo lacy. REQUFST 11011 HOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTUAGES OR 1}ZEDS OF TRUST Borrower and Lander request th,: folder Of any movpge, deed of lens[ or other mcuntbncnce with n Ilan which Iuts iniority over this Security Instrurticnt to give entice In Lender at Lender's address set forth on page erre of this Security fnstmment, of any default under the superior encutahmnce and of any sale Or 0tiar foticclOsuru action. 13Y STCNTNO Bl- OW, Donower acctipis auid agrees to the tarniv anAl covanaots aolutailtat in this Security ftistruntent_ Sillnod, scaleal and del ivcred to tt0 prescitc0 of: (SHAL) +yon (1 claaralrarJ,iu xi% (SEAL) (SEAL) (813AL) 000003VAeMlr af.},s,to .c; M COMMONWEALTH Or MOMIA , to xvil: � Gl i Y1GOUi� I Y O]; Mavdaazak The foregoing inswurent was ncknotvledgetl Drab. mo is the Juliedictioa afawmid liiis 7U.ttr clay of by Jun— 4 MIUfmils®z f.nL tr NouryPublic r%qy u&l mionexpires:05/32./2006 .w— QOM3Vran,mrj N,;)Oi10 I Lender: vel Vo Box 2`70 (street) FARM CREDIT HOME rsf,-IUI t"Y LINE OF CREDIT NOTE (C, 0) Fjgl Y AC, A. Loan Nurriber: 035 010 32e124-02 Date of Execution and D011very: MaXCta- 3.1, 2004 (City) as (State) (Lip code) Dotyower: Conaos O C1aambo>;lint 111 7.25 Adamw Ad --- 4dinchonte Vl# 22G09 � — (Street) -- - - (City)- - - - (Stato) (Zip Coda) PROMISE TO PAY: BeCauso of a "Farm Credit Home Equity Line of Credit" received from you, I (both Individually and jointly if more than one of us has signed this Note) promise to pray, in lawful money of the Unites! Statos of America, to you or "to your ordet", that is, to someone else if you so direct, at your above office or at such other' place as you may designate from limo to time, installments of 0.75 % of the outstanding maximum principal balance of U.S. $ SO, 000.00 plus accruod interest (the W-iti-im-u-m75 from the date of the first advanco at the variable interest rat -o stat -ed -ii -1 l l�anrr Credit hlome Equity I.Ine of Credit ,agreement and Disclosure (called "Credit Agreement'), which rate shall be applied until my obligations under tills Note and the Agreement have been paid in full. APPLICABLE GREDIT TERMS: phis Note merely references my obligations undor the Credit Agreement and Is being executed to simplify 11110 later cancellation of the Security Instrument described below. All terms of tho Credit Agroemont, which I have executod on Ilils lama ante, aro made a part of tills Note by referonco as fully as if thoy were repeated word for word below. SECURITY FOR PAYMENT AND PERFOnMANCE: To protect you if I should default under this Note or tho Agreement, I ani giving you what Is sailed a °security interest" in certain praperty I own (callod %ollaterri'�. Pills Security interest secures my payment and other performance under this Note and the Agreement. This means that if I default, you may sell my real estate Collateral under the teras of the Farm Credit Home Equity Line of Credit Agreemont and vi Ia Cxedt.t Lina Deed of Trunci If the Collateral is sold, you will apply the net sae procoo s toward prlymen o a I of my o rg�trons under this Note and the Credit Agreement and also any other debts I own you now or in the future which are secured by the same: Security Insh-urnent. WAIVER: Loch Bon -ower, endorser and assumer of this Dote hereby oxpressiy waives prosantnlBrit. demand, protest and notice of dishonor, and consents to all indulgences, modiftontions and releases of pemonnl liability and of security permitted by you. THIS CREDIT NOTE IS EXECUTED BY BORROWER IN FAVOR OF ASSOCIATION AS AOLN-17NOMINLI OF V.1110y Yarm cradi.t, VCA PURSUANT TO A MASTER AGREEMENT OETWERN ASSOCIATION AND ITS WHOLLY --OWNED SUBSIDIARIES. Witness our Hand(s) and Seal(s), tills sealed Instniment belng signed and delivered on ilia date first above written. Each of us adopts as his/tier ser11 tho word "(Sr;:AL)" appwiring beside or near Iltslhrlr sicgnr (tiro. IN TI STIMONY WI•IEREOF, each Individual Borrower has hereunder set hisNler Island and Seal, this sealed instrument being oxocuted and delivered on the date first above -written: (SEAL) (Sr -AL) (SEAT.) (SFAQ Tho within note is hereby endorsed by the payee named in tho bony of said note to the sarrre Wont as if tho name of the payee wore hereinafter stated under the name of the following endorsee: Pay to the Order of AgFirst f=arm Credit Manic, Columbia, South Carolina 0011401HE oovo) cs� All of that eertaln lot or parcel of Iand, iyinfl and being situot© about twolvo snllou narthwast of Winchootor, In the Cainosboro Mulllatodul 0181rict of F'redarlck County, Virginle, and contalning 10,000 acr®o, mora or lusti, nacording to thot nurtnin plat of nilrvey prepared by Thornou A. 5hockey, L.S., entitled "-Intel Mat for Minor flural Subdivlalon of the Land of Janira Q. Chumborlin, III Cainoaharn Dlotrlet, Frodorlck County, Vlrglnla", datsd Soptelnbor 10, 1 911B, whlch In of record In the Clerk's Office of the Clrcult Court of Frederick County, Virginia, in Dead Bonk 040, I'ago 1173.. And ' Ail that cart€lin tract or parcel of land, lying tlrld bQ1110 eltuato In Cainatiboru Maglaturial Dlotrlot, F=rodericl(County, Virginia, ahawn no containing 90.670 acres, moro or loan, on plat of ouivoy proparod by Yhonlaa A. ahockey, mated May 28, 1994, racarded In Fuad Finnic 020, Pago '1571, in the Clerk'a Offico of the Circuit Court of Fredarlok County, Vlrpinin. Fails and Except tilts above tract containing 10.000 acres, mora or loos, sllown on plat racordad In I)and Book 846, ptigu 1173, which lonvas a roe aindor of 08,670 ncron, rlloro or lean, as noted an paid plat. And heinfl the earns proporty conveyed to Jonon 0, Charnh©riln, IFI, l`omme Sole, by Dood dated Auguot 20, 19130, from Jonaa fl. Chamberlin, Ill Hnd Judith M. Chamberlin, tela wifo, acid Dead being of rocard In the aforesuld Clerlc`9 Off foo In C1aad Book 700, at Pago 001. Lose and oxcept, howovor, that cartoln conveyance of land to the Commonwealth of Virginia, for tho location, conatruction or othor Improvement of part of State hlighway Houto 009, by Good tinted March 9, 2000, and of record in tho aforoaald Clark's Office an Inotrurnent No. 010004600, Ilofaronco In haroby rllatlo to the aforesald Inatrarnents, and to tho referellcaa thoroln containod, for a further and more particular daacriptlan of the property hereby conveyed. tA:1�Il Fll 111C,t C)DUN`t vtitUlN zCtjD4M,, t;otltsailtoutoltt4ftMVI =l i D'tndxad 5&lt 12 cf altclwAth�r19s+v3 i wu', r rtysJ�ij]te seeWad. it 20,'t" u $,Ut<l �t�i`l. et�:Rt rifi=J€t t1' j .- . C0Mbvj 7N WI AjXX-X 01' 'tiMC,1NXA { f FREf]ERI , CIRCLaIT COURT DEED RECEIP', i f 3 +, DATE., 03!17; ;h riM., 15,06:',',7 ACCOCffT: 06UCI.R0400:?4 65 RECEM: 04000•?06ru}P 1 � � WRIER: IN REt: UM TYPE, DO! ptiYI;EhT: '"'L PAYNENT ( � INSTRUMENT 940004565 HOOK: i'{1 C; !2EFSRDED: 03117/44 A- 15:06 �� GRANTOR: CNA116ERLIN 1DNEG 0- III EX. fl Lac: co GRANTEE: BUTLER, Blhmfllf R TR EX: 11 PCT. 1}nX AND ADDRESS : VALLEY FARM MEDly RECEIVED f1F -€Iu4kTk,4-114114h i 1 :1Y1 CHECK : 77,00 DESCRIPTIQII I: GA DIST PAGES: 6 f 2: PARCEL OF LAUD NAM: 0 ' CONSIDERATION: 30,000.0 ASSDREIYAL; 100 NAP: 19-h--56 "DDE DESCRIP11% PAID CODE ➢ESERIPTIOR PAID 301 DE'ED5 14,50 1i`' NJ 4435 DEM AND CONTRACTS 4` • 00 213 CCII ': Y ORANTEE TAX I.50 15 , 00 '06 TECIINGLGSY MIND FEE3„ }{ { � � I TEdI➢ERf:D : 79,00 ` Af(Cllilr PM ; r 4 }0 "1 ARGE Aft' r 0 CLERK DF SOI;P.": PEBECIGA P. I+03V 1 1 a a 1d Lo z z N U] yR N �M H cn ¢j 3 Sheet. 1 of 2 NOTE: These two lines ran generally with an old 'fence line and are subject to ag-reeme"lt ^� with Minnie Lamp Estate. 1 ESTATE OF MINPNIE LAMP Y W- 8. 80- P 155 ,. 18.5` Y . LG. RED OAX � I F?S t S 80° 15` 41" E - 870.66' No }O i 0) S 80' 53' 40" E - 998-50''— -� 5 14° 19' 07" 1V - 194.63' m . O b fD � N O � ti N M � ' jl 557.56 ca z -pRO1V 1Y8 799-9.415132 LJ V 1 U Z t1 1ff JN SCG Lim / N� �� ywai za �x V z ARC 158.18'---3 S 020 46'35" W - 7498'Y ARC 96.42' 3 S 070 25' 49° W - 248,45` LU t- c ARC 185.31'>� Na c C.Ch S 02° 25' 59" E - 113.43' O 4 ARC 229.51'—a 0a cs m 111 S 39' 06' 13" W - 215,07'x`// Q - ARC 1.72.81' — / fI Cj jjj S 15' 38' 53" W - 13 5, 1 � O O 6 O V n r+l U N j 7 �L V � N O n W fv y tl f ` t 10 O va ? C+ ti N W af� - \ i ly G. 01=40°RcfT07 W - 629. DI' 1`#?F � R LI OAK !.e?F. / r =IAT O(rjAlk F jj eg�p1 MARK RU in 0. B. KE 507- n 8295 m N r! C� c m L^. s 0 180MA3 A. SM LY u CEASE] �a 1271 C- `'��JO UilC't!P Sheet. 2 of 2 The attached plat is a survey of the land conveyed to Jonas 0. Chamberlin, III August 28, 1990 in Deed Book 750 - Page 1. The said land fronts the Western side of Route 689 and lies in Gainesboro District, Frederick County, Virginia. Beginning at a railroad spike(found) in the Center Line of Rouge 689 and corner to Mark Burke. Thence with Burke S 89° 00' 07" k - 94.93' to an iron pin(found); Thence N 781 39' 13" W -- 71.22' to an iron pin(found); Thence S 141 10' i1" 4•; - 54.33' to an iron pin(found); Thence N 75° 01' 07" W - 629.01' to a large dead red oak corner to Lynn. E. Tedro„T; Thence with Tedrow N' 491 20' 50” W - 396.00' to an iron pin(set); Thence S 321 24' 10" W - 280.50' to an iron pin(set); Thence N 891 14' 50" W - 557.56' to an iron Pin(found) corner to the Winchester Frederick County Conservation Club, Inc.; Thence, therewith N 431 45' 00" W - 438.96' -to an iron pin(set) corner to Russell C. Stearns; Thence with Stearns and Walter P. Kennedy N 171 12' 06" E - 1096.36' to an iron pin(set); Thence N 83` 57' 06" E - 82.50' to an iron pin(found) corner to Edward J. Tatman; Thence with Tatman N 040 23' 27" E - 1088.00' to a double hickory at a fence corner, corner to the Estate of Minnie lamp; Thence, therewith, S 801 15' 41" E - 870.66' to a large red oak; Thence S 801 53' 40" E - 998.50' to a point in the Center Line of Route 689, said course passing thru an iron pin(set) at 980.00'; Thence ,t7ith the said Center Line S i h ° 191 07" Sir - 194.631; Therice with a curve �o' Arc 158.18', Radius 785.19' and Chord 5 081 32' 51" W - 157.91'; Thence S 021 46' 35" W - 74.98'; Thence with a curve of Arc 98.42', Radius 1211.73' and Chord S 051 06' 12" W - 98.40'; Thence S 071 25' 49" w - 248.45'; Thence with a curve of Arc 185.31', Radius 1076.48', and Chord S 021 29' 55" W -- 185.08'; Thence S 021 25' 59" E -- 113.43'; Thence with a curve of Arc 229.51', Radius 316.58' and Chord S 181 20' 07" W - 224.51'; Thence S 391 06' 13" W - 215.07'; Thence with a curve of Arc 172.81', Radius 422.1.2' and Chord S 271 22' 33" W -- 171.60'; Thence 5 151 38' 53" W - 135.12'; Thence with a curve of Arc 225.26', Radius 1157.73' and Chord S 101 04' 27" W - 224.90'; Thence S 041 30' 00" W 68.181; Thence with a curve of Arc 176.93', Radius 202.42' and Chord S 201 32' 27" E - 171.35'; Thence S 45° 34' 54" E - 22.08'; Thence with a curve of Arc 167.81', Radius 508.63' and Chord S 55" 02' 00" E - 167.05'; Thence S 64° 29' 06" E - 40.76' to the point of beginning. CSrd� Containing - 98.570 Acres X Surveyed May 28r 1994 TF0MR5 A. SHOCKBY 883 Back Mountain Rd. o f 0. Winchester, VA 226602 V �(LICEIVS } Na. 1271 F 0 N N v r: 0 b 0 in ON 0 W rd :n u u RI:FD i THIS DO, made and dated this _ ?� 1�i_,., day oP ius;lrsl�_�i 1990, by and between JONAS 0. CHAi'IBERLIN 1111 and JIIRTTII Vii. GIIA113F11I,1`, his wife, parties of the first part, berei.nafter called the Grantors, and JOtiAS b, CHAMBEMLI\, TII, homme sole, party of the second part, Iter.einafter called the Grantee. WIT14ESSL-TII: That in consideration of the division of property by the parities hereto pursuant to a division of property !.'poll divorce and the delivery of this Deed, the Grantors do hereby grant and convey in fee simple absolute, with General Wlarranty and E114lish Govenants of Title unto the Grantee, as Ilomme to be his equitable separate estate, the dower interest- or right of Itis present Or any future wife being hereby expt:edsly excluded by this instrument a,. provided Ln Section 64.1-•27., Erode of Vi.r�-iltia, 1950, as arrmnded, all of the following described lot: or parcel Of land, toyether Witt the improvements thereon and the appurtenances thereunto belonging, to -wit: All of that certain lot or parcel of land, containing 87 acres, more of less, but being sold in gross and not by the aero, Lying and beim si.tuata about twelve (17.) miles northwest of ili.nclteater in rite Gainesboro Magisterial D1sL-ricL, Feedcrick County, Virginia, and being the ;came property conveyed to Thomas Dennis: Poole, described fls containing one hundred (100) acres, more or less; 110iIMR, it 1:3 believe(! SnC11 description teas erroneous and that inch 1), let cORtalns lesser acreage. This is the same property conveyed to the Grantors herein by Deed dated October 1, 1986 from'rhomns Dennis Poole, single, by his Attorney -In --Fact-, Mildred Elizabeth pool.e, trhich said Deed is Of record in the Office Of tha Cleric of tile Circuit Court of Frederick County, Virginia, in Reed Book 628, at Page 591, Reference is hereby made to the aforesaid Deed, and to the references therein contained, for a further and rltore part3.cular description of tite property hereby conveyed. This conveyance is matte subject to all easements, rights of Vay and restrictions of record, if any, affecting the subject property, The property hercirnabove describer! is to be held and owned by the Gr:anteo in his OVIR right, as Itis sole separate equitable estate, as if he were an unmarried man, for his sole and separate use and benefit, free EI'om the control 'nd marital rights of any present or of any future wife, the eight: of dower of itis presenL or of any Eut:ure wife in and to the aforesaid property being hereby expressly excluded, with full and complete potrer in the said Grantee to sell, convey, OI„U L U z encumber by Deed' of Trust, or ottienrise dispose of said property dtu:ing his lifeLi.nre without the necessity of any present or of any future wife uniting in such Deed, Deed of Trust, or outer instrument-, and With full and cotnploLe potter in and to the said Grantee, to devise or otherwise dispose of the .naid preperty by his Last 4lill and Testament. WITNESS the following sigaaturns and sells: (SEAL) rlz lifts O CHA11BERLM ITT �/ / b r rr �l / 'a�;./ry.t-_ C SEAL} "DITH ;I. CHAMBERLIN STX1!E OF VIRGINIA City OF ___Uj'rhr Notary Public in and for the StaLe and Jurisdiction Aforesaid, do hereby certify that JONAS 0. CHAMBERLIN, III, whose , once name is signed Wik /to the foregoing DEED bearing date the 28th day of i- - i __.altl€'LL;% _ - - - _ _,, 1990, has personally appeared before me and acknowledged the same in the City/_6VIIIT�? of Whinhester Virginia. Given under my hand this 28th day of August 1990, Aly Commission expires —�-' Notary Public I STATE OF VIRGINIA City. ____ OF i-iinchester , to -wit: I, Anna R. Raines- -- , a Notary Public in and for the State and Jur'isd'iction aforesaid, do hereby certify that JUDITH M. GUAMBERLIN, whose name is signed to the foregoing DEED bearing date the 78tH day of AuP,tast_ TN, 1990, has personally appeared before me and acknowledged the same in the CiLy/)MYMXq of Ifinchester, Virginia. Given under nay hand this 3001 _- -day of August , 1990. My Commisuion expires AuRusC 31, 1994 !IRMNIA:I EDERMCOEJ COMM XT. i Thin instruineeil of writtrig sins prcduced ,_ ._ ± - ✓ _ __ to me an the %=claybi ='f Notary`Pablic :+r t9 ' az i �, anti with certilicata nt acknmutedgment ihcrelo inncxcd was add,u,niitted to record. V(! CLERK ji` ocaipfi _j 1-A%sociation: Processing Center: Adores;s,. Rereipt It: F=or The ACCOUnt Of: Branch: 010 Date Received: Third Marty: Check #: Amount Received: Check: Cash: Other Cash: Assignment Check: Depository Wire: GFX Wire: Total Received: Gomments: Applied Transactions VALLEY FARM CREDIT, ACA WINCHESTER BRANCH PO 13OX 2700 WINCHESTER, VA 22604 (540) 662-3473 70001530999 BE# 0091403-0001 JONAS O CHAMBERLIN III 225 ADAMS RD WINCHESTER VA 1210312.0013 133 $92,114.91 $0.00 $0.00 $0.00 $0.00 $0.00 $92,114.91 22603 Liffective bate: 12/0312008 CL Low Payoff (quote for BE 035 010 0091403-0001 XL, 3261.21-001- 000 11fedi,ve 12/4/2008 Today's Date: 12/3/2008 JONAS O CHAMBERLIN III Liquidation Type: Payoff Amount Due Adjustments +/- Gross Principal: $91,516.96 $0.00 luterest Due: $597.95 $0.00 Late Charges Due: $0.00 $0.00 Late Charges Assessed: $0,00 50,00 Misc. lees: $0.00 $0.00 Stop Fees: $0.00 $0,00 Prepayment Perialty Duc: $o.60 $0.00 Prepayment Penalty Assessed: $0-00 $0.00 Sublotat: 592,1141 91 Less l�.quiiies: $0.00 $0.00 Total Debt As Of 12/1/2008 $92,11 4-91 Other Amounts Due: Amount Required To [gay In Full: Adjusted Payoff 591,516.96 $597.95 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $92,111.91 $0.00 $92,111.91 `50.00 $0.00 $92,114.91 I �l I M, T, GRIFFIN RcgiUr�al E=rtrisl2r l'SY?9MO\Y'Y ,i✓. L.rlfY11+�.�:L.S''f.LA DEPARTMENT OF FORESTRY Old Route 29S & Fontaine Aventie Post Office Box Q Cluirlottesville, Virginia 22903 (304} 977-5193 2408 ` Vedlley A1+•eime Whichester•, VA 22601" 5401722••3496 FAX.- 5,101722-75.43 t••fiirill: Grrirvc111;(ra)t:i,�aies y.srYitrtirrl,us Septembvr 22, 1998 Jonas Chamberlin 225 Adams RD Winchester, VA 22.643 Dear Jonas; Enclosed is the report ofniy timberland examination of your property west of Adams Road in Frederick C:otinty. You will see I have recommended several practices that need to be accomplished to maintain or improve the forest health on your property. This is nevessary since no management work has aver been done here. However, they do not have to be done all at once. Some of them will follow on the heels of a previous practice, but most of thein ca1i be accomplished with virtually no effort on the Dart of the landowner, or can be clone over a period of several years, if desired. I look forward to working witli you on the Luanagernont of your forestland. Sincerely, (7 ralrl R. Crowell Area Forester enclosures r1 Pr%roo 12rer7m-ro In Mi,..r t the. Nrr its of the C0111111o11wealth r �'r r iv (( r r 11 ! � I , f r ll r i I1 r r r I r ' A 1 �� f / 'r Yf ~6p (o11)e11 fl S v 169. (In1} ----� aedino to 2 miles Iract NumllBr Landovnier R, C7ata iorlas 7 30 98 ,ve naafi • t'arannial atranm --------- `--- rato noad __ __ IntarrmlamS 91raanr !•rr wrrar a,•rr . Dej)qt`tmertt: of. rorestrya Straamaida MQMr Zano *•-••-'-``�4� ' rpavly Boundary •"'" -_ -- ftailrnsd WoOnnd •��// .•� - i6v Type Uno ............... aldonea i:! -f Comolory h� Ear SUvUuro Q t,alhoop CanSrnr POW aedino to 2 miles Iract NumllBr Landovnier R, C7ata iorlas 7 30 98 3cato Drawn BY I n _ 300 -'— Gera] d I I Crq e]_1__ Parcel/Cult Share Toialllcrao` rorasted Acres 91 ^v Latltuda 1.014ludo Dej)qt`tmertt: of. rorestrya Cti} Rl- 6 eq (eft Ltfr`1 `tai ' J Print Form 107 N. Dent Street Conservation Easement Application Winchester, VA 22601 Frederick County Conservation Easement Authority 540-665-5651 & The Frederick County PIanning Department This is an application for landowners interested in either participating in a Purchase of Development Rights (PDR) Program offered through the County, or who are simply interested in having the Conservation Easement Authority (CEA) help them in establishing a conservation easement to be held or co -held by the County. The Frederick County Conservation Easement Authority's purpose is to promote the protection of natural or open -space values of real property, assuring its availability for future agricultural, and forestal uses and to preserve natural resources, maintain or enhance air and water quality, and to protect the historical, architectural or archaeological aspects of land within the County.. Along with this application form, please submit the following: X Deed A copy of the original deed with the deed book and page number stamp, under which the owner acquired the property. Is there a lien held on any of the parcels included in this application (including, without limitation, holders of deed of trust lions and judgment liens)? If yes, please attach all lien information with this application. C` yes (4i no Survey/ A survey or plat must accompany the Plat deed. F--- Deeds of Trust If there are any deeds of trust (including mortgages) on the property, a copy of the original deed of trust with deed book and page number stamp. What is the type F Sole Owner F_ Partnership ( Limited Liability Company of ownership? Ix Husband & Wife F_ Corporation r Other: Owner's Full name IVornon Carl Wright Mailing Address Street 933 Barley Lane City Winchester State IVA Zip 22,602 Email vernon@hillhighfarm.com Phone 1540-667-7377 Additional Owner's Full Name JEula (Wendy) Hawkins Wright Mailing Address (if different than above) Street 933 Barley lane -- City Winchester State VA Zip 22,602 Email wendy@hillhighfarm.com Phone 540-667-7377 Additional Owner's Full Name Mailing Address (if different than above) Street City State I Zip Email I Phone Conservation Easement Application Frederick County Conservation Easement Authority & The Frederick County Planning Department Natural, Cultural, Recreational, and Scenic Resources, Continued If you need help filling any of this information out, please contact the Planning Department. 640-665-5661 C' yes ( no Co yes C, no Is the parcel within or adjoining a national or state historic park or Civil War battlefield that is listed on the State or National Register of Historic Places, or is subject to a permanent easement protecting a historic resource? If yes, please list them. Does the parcel contain or acljoin a parcel that contains an historic structure € en € €e"3fy fl e Frederick County Rural Landmark Survey or otherwise documented as being over 100 years old. If yes, please list them.I Farm, land, and buildings registered as a Virginia Century Farm Does the parcel contain identified archeological resources. C' yes (: no If yes, Blease list them. Is the parcel within a watershed or subwatershed identified Department of Environmental Quality's Impaired Waters List. CO- yes C' no as impaired on the Virginia If yes, please identify. Cedar Creek Watershed Are there any perennial stream{s} identified by the USGS 7.5 minute series quad maps or another reliable source, located on the parcel. C- yes (: no If yes, please list them and indicate the Iengtf of stream frontage Are there any other perennial springs or wetlands on the parcel? C' yes (a no If yes, please identify. Is the parcel within a sensitive groundwater recharging area as demonstrated by the presence of sinkholes or karst topography? ( yes C: no If yes, please identify. Conservation Easement Application Frederick County Conservation Easement Authority & The Frederick County Planning Department Farm or Forestland Protection If you need help filling any of this information out, please contact the Planning Department_ 540-665-5657 Can you demonstrate that you have in place a conservation plan or participate in a recognized program that restores and/or protects stream channels, riparian zones, and wetlands? (: yes C' no (: yes ('no (: yes C- no (: yes (-no If yes, please identify. I Yes. Plan underdevelopment. Is there any prime farmland (as identified by the 1987 USDA Soil Survey of Frederick County) contained on the parcel? If yes, please list acreage and soils. 98 acres. Active farmland for > 100 years. Are there any agricultural or forestal districts or taxation -related agricultural or forestal land? If yes, please identify 980 and list acreage. Are there any approved nutrient management plans and/or agricultural best management practices as approved by the Lord Fairfax Soil and Water Conservation District or Natural Resources Conservation Service associated with these properties? What is your vision for your land? ...tell us how would you like your land to be used, and not used in the future. If yes, please identify. Underdevelopment. With a long standing tradition of agricultural innovation and community involvement, the Wright family has owned and operated a working farm in Frederick County for over 150 years. Our vision is to preserve the authentic farm operations and land "as is" and to continue to expand our community involvement through educational outreach via hands on and interactive agricultural education. For the past 15 years The Pumpkin Patch at the farm has successfully exposed almost 100,000 area children to the farm and agricultural life. Through this successful effort, we have developed and initiated plans to extend this seasonal activity to a year round interactive program. The program objectives would permit children to follow and participate in the year round activities of the farm through a cooperative and interactive agricultural curriculum. Our ultimate goal is make this a free, no cost to student, program. Through obtaining a purchased easement we would be able to achieve three key objectives for our farm and community: -secure the open space farm and land for future generations -obtain funds to invest in and accelerate our agriculture educational outreach program -preserve the rural character of Frederick County Conservation Easement Application Frederick County Conservation Easement Authority & The Frederick County Planning Department .Property Qualification Tile follmving historical, geologic, environmental, and geog€aphic, questions need to be ansvvered to the best of yo; ahilit, to complete the application. If you cannot answer a i)art€cular puescio€a or you are not sur: of the answver, please concert the Planning Department to assist you in completi: g the application. 540-665-5651 Fund Leveraging Can you identify any federal government funding or private grants that will be used towards costs associated with the conservation easement? (: yes (' no If yes, please identify the agency or foundation's FRPP Process Underway PrivateFunding lnProcess name, and the amount. Open Space Are there any existing permanent conservation easement(s); or national, state or local park i yes ;. no that share a boundary with your property? If so, how long is the shared boundary? Threat of Development Is the parcel zoned for a nonagricultural use? (-yes (a- no If so, what is it zoned? - Can you identify if the parcel is deemed to be threatened due to it's proximity to the County's C yes (: no Urban Development Area or Sewer and Water Service Area boundary? If so, how close is it? Was property nearby been developed for nonagricultural use within the last three years? C: yes (- no If so, how close is it? I Less than 0.5 miles. Natural, Cultural, Recreational, and Scenic Resource: Identify if the parcel adjoins a state maintained road, designated Virginia scenic highway/ byway, or a non -designated public road? dyes C'na How much road frontage, 0.2 Miles on Cedar Greek Grade in feet? C- yes 6: no Does the parcel or adjoining parcel(s) front a public trail or is it identified as part of a planned trail network? Please identify. F Consenation Easement Application Frederick County Conservation Easement Authority & The Frederick County Planning Department Property [nforn>Iation If you need help filling any of this information out, please contact the Planning Departi-ne nt. 540-665-5651 Below=, }Tease indicate %iviiich tyre of easement prograrn you arcs interested in participating in: (*- 1 am only interested in participation in the Purchase of Development Fights Program (PDR) F 1 am only interested in donating a Conservation Easement 1 am interested in participating in the Purchase of Development Rights Program, but 1 would also like the County to generally consider holding a conservation easement on my land. Below, please list the Property Identification Nurnbers awi acreage for each contiguous parcel. ilf you Mt, -re -'ted in establishing easemonts on roperties in vwo or snore places in the County, Blease fill out a separate application for each, as each io ; iWn :41 17i? CC;iEd ariC G�inSid ;`;... ilC:e'bsn:lelitly.j How many contiguous parcels are a part of this application? 10ne(1) F-- _. 1st Property's Tax Map Identification Number i 2nd Property's Tax Map Identification Number 3rd Property's Tax Map Identification Number 4th Property's Tax Map Identification Number Magisterial District(s) of Parcels 1 - 4 Zoning District Classification(s) for Parcels 1 - 4 Are the parcels or parcel currently in Land Use? If the parcel(s) have an assigned address, list it to the right. 61 A 17 Acreage 98�— Acreage Acreage Acreage Street 3844 Cedar Creels Grade ` City Fv�j nchester Zip - L YLLIS FEATRERS`i7;Oj[ 1UA M & ETALS F > 60-A-83 66 A) ROYAL DONALD ALD N l< A 79 0lWH Y a" OTHY Pi? 61-A-13 69-31 Acres SNAPP JOSEPH D &,MARY V 7% MARY V' sw�pl A 170, /< 61 -A'13A 97.01 Adres SNAPP FAMILY,] -LC 61-A-15 'cres WRIGHT VERNON C & EULA H EULA H, on SNAPP f`61-A-22 87.48 Acres W IGHT VERNON C & EULA H ONN MAM 3 6o -A-84 100 Acres Z[VIELLO JANET G 11 61-A-231 154.75 5 Aq BHS LC L 7t V 27 F III oil Bli I I I F I I I ZASETH,A DE 0MG b Fl J=CJFlGE &KITTY H- 364 40'�% T06-1 SHE 51 -A -31A M?ftN, RY 411MOR M AdY 0 INC 0,00 22 31 This deed Prepared by Kefin C. Black, F.G. Bos 129, Woodstock, VA 22664. Tax Map Numbers 60 A 89 61 A 15 61 A 17 THIS DEED OF GlYf, made and entered into this 50' day of March 2001, by and j 1 between LEONARD M. WRIGHT, unremarried widower of Gladys M. Wright, herein called "GRANTOR", and VERNON C. WRIGHT and EULA H. WRIGHT, husband and j wife, of 933 Barley Lane, Winchester, VA 22602, herein called "GRANTEES". WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid, the receipt of which is hereby acknowledged, and in further consideration of the natural I love and affection which the said Grantor has for the Grantees, subject to a life estate hereinafter reserved by the Grantor, the Grantor does hereby grant and convey with General Warranty and English Covenants of Title unto the Grantees, Vernon C. Wright and Eula H. Wright, husband and wife, as tenants by the entireties, with the full common law right of survivorship in the survivor as at common law, and not as tenants in common, all those certain tracts or parcels of real estate lying and being in Frederick County, Virginia, described as follows: TRACT I: All that certain tract or parcel of land in said County, lying on both sides of the Cedar Creek Turnpike, it embracing Lot No. 2 and a part of No. I in the division of the lands of Joseph Snapp, deceased, and is bounded as follows: Beginning at a pile of stone by a large W. oak a corner to Wisecarver; thence N 44 W 19.2 poles to a stake on the top of the Little North Mountain Faucetts corner, thence with his line S 50 W 18.5 poles to a stake; thence with the remainder of No. 1 (Morgan W. Snapp's share) S 39-112 E 201.5 poles to the middle of the old road; thence with it N 62-1/4 E 17.2 poles to Lot No. 2, thence continuing with the middle of said road N 63 E 27.5 poles; thence N 54-3/4 E 18 poles, thence N 58 E 10 poles to a point opposite to a pile of stone, thence N 44- 1/4 W 197.3 poles to a stone on the side of said mountain; thence S 45-1/4 W 40.5 poles to the The aforesaid real estate is the identical real estate which was conveyed to Isaac Milton Brumback, by deed acknowledged on June 19, 1874, from Joseph H. Snapp and Mary A. Snapp, his wife, which deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 91, Page 4'0. TRACT H: All that certain tract or lot of land in Frederick County, Virginia, situated seven miles from Winchester, between the Cedar Creek grade and the little North Mountain and is bounded as follows: Beginning at a stone comer to said Brumback and Wisecarver, thence with the lines of the former S 45 W 40.4 poles to a large white Oak; thence N 44 W 19.2 poles to a stake on the summit of said mountain comer to Fawcett; thence along said summit with Wisecarvers other land North 46-1/2 E 40.4 poles to a stake, thence S 44 E 18.2 poles to the beginning, containing 4 acres, 2 roods and 35 perches. i The aforesaid real estate is the identical real estate which was conveyed to Isaac M. I Brumback, by deed dated August 9, 1875, from Martin Wisecarver and Mary A. Wisecarver, his wife, wl&h deed is of record in the Clerk's O±dce of the Circuit Court of Frederick County, Virginia, in Deed Book 92, Page 225. TRACT ICC; All those two certain parcels or tracts of land, situated in Shawnee District, Frederick County, Virginia, about eight miles from the City of Winchester, and being a 'G portion of the land owned and occupied by the late Morgan W. Snapp at the time of his death, being Lots No. 1 and No. 2 in the division of the land owned by M. W. Snapp, deceased, i which plat is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, j in Deed Book 123, Page 8, and bounded as follows: (1) Beginning at (1) a stake corner to C. R Snapp in Brumbaek's line, thence N 38 W ' 120 poles to (2) a stone corner to Brumback in Faucett's line, thence S 52 W 9.13 poles to (3) i a stake two feet north of a cherry tree, thence S 38 E 120.6 poles to (4) a stake comer to lot I No. 2 in Snapp's line, thence N 48-1/4 E 9.11 poles to the beginning, containing six acres, three roods and fifteen poles (6a. 3r. 15p.), as will be seen by the plat and survey of the same C) 4,i l U1 (2) Beginning at (4) a stake corner to No. 1 in Snapp's line, thence N. 38 W 120.6 poles to (3) a stake two feet north of a cherry tree corner to No. 1, thence S 52 W 9.09 poles to (6) a stake and stone pile corner to No. 3 in Faucett's line, thence S 38 E 121.2 poles to (5) a stake corner to No. 3 in Snapp's line, thence N 48-114 E 9.07 poles to the beginning, containing six acres, three roods and fifteen poles (6a. 3r. 15p.), as will be seen by reference to the above mentioned plat and survey, on which said plat this lot is designated as "Lot No. 2". The aforesaid real estate is the identical real estate which was conveyed to Dr. I. N. Brumback, by deed dated September 4, 1902, from Mary Elizabeth Snapp, Widow, et als, which deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 123, Page 14, As to Tracts I, H and 111, herein, Dr. Isaac Milton Brumback, (a.k.a. Isaac M. Brumback, I. M. Brumback and 1. N. Brumback), died testate on the 4a' day of October 1926 and by the terms of Paragraph 5 of his Last Will and Testament duly probated on November 15, 1926, found recorded in the aforesaid Clerk's Office in Will Book 48, Page 459, he devised I his real estate to his daughter, Lela Bell Brumback (also known as Lela B. Wright). Lela B. � Wright died testate and by the terms of Paragraph Third of her Last Will and Testament duly i probated on the 28's day of April 1936, found recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Will Book 52, Page 36I, she devised the above- described real estate and the tract of real estate hereinafter described as Tract V to her son, Leonard M. Wright, it being referred to therein as the "Home Farm, just southwest of i Opequon in Frederick County, Virginia, containing approximately one Hundred Fifty Acres, and consisting of four (4) separate tracts, subject to the rights of her husband, Carl K. Wright, as long as he remains a widower". Carl K. Wright died testate on the 256 day of March 1955, and by the terms of his Last Will and Testament duly probated on the 5`s day of April, 1955, of "• record in the aforesaid Clerk's Office in Will Book 61, Page 114, he devised to his only child, Leonard N1, Wright, Grantor herein, all of the residue of his estate. TRACT IV: All of the Grantor's undivided one-half interest in all those three certain CD C, - C' -I located along the west side of the Cedar Creek Grade, in Frederick County, Virginia, adjoining the lands now or formerly owned by Wright on the north, Faucett Estate on the west and McDonald and Richard on the south, and being more particularly described as follows: (1) All that certain parcel containing 13 acres, 3 roods and 9 perch, more or less, conveyed to Lloyd R. Snapp by deed of Morgan W. Snapp and wife, dated March 29, 1897, of record in Deed Book 116, Page 434, in the aforesaid Clerk's Office. (2) All that certain parcel containing 6 acres, 3 roods and 15 poles, assigned to Lloyd R. Snapp and designated as Tract 4 in a Partition Deed between the heirs at law of the late Morgan Snapp; (3) All that certain parcel designated as Tract 3, containing 6 acres, 3 roods and 15 poles, and assigned to Simon E. Snapp in the aforementioned Partition meed. The aforesaid real estate is the identical real estate which was conveyed as TRACT FIVE by deed dated the 21�' day of December 1990, from Leonard M. Wright and Gladys M. Wright to Leonard M. Wright and Gladys M. Wright, in equal interests, of record in the aforesaid Clerk's Office in Deed Book 754, Page 1487, TRACT V: All of the Grantor's undivided one, -haw i:.terest it all that certain tract or parcel of land lying and being situate on the west side of the Cedar Creek Grade about seven miles southwest of the City of Winchester in Shawnee Magisterial District, Frederick County, Virginia, containing fifty-two (52) acres, two (2) roads and twenty-seven (27) square poles, as shown by plat and survey made by Walker McC. Bond, which plat is found recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 160, Page 351, The aforesaid real estate is the identical real estate which was conveyed as TRACT SIX by deed dated the 21" day of December 1990, from Leonard M. Wright and Gladys M. Wright to Leonard M. Wright and Gladys M. Wright, in equal interests, of record in the aforesaid Clerk's Office in Deed Book 754, Page 1487, TRACT VI: All of Grantor's undivided one-half interest in those two certain lots situate in Frederick County, Virginia, on the west side of Cedar Creek Grade, about eight and ...,o L,.,1F ..,:1..., .......a ..F C) C) r, (1) That certain lot known as the dower land, containing three acres and one rood, being the same tract designated as No. 2 conveyed to J. Milton Snapp, by the widow and heirs- at-law of Morgan W. Snapp, by deed dated September 4, 1902, of record in the aforesaid Clerk's Office in Deed Book 123, Page 5. (2) That certain lot lying south of and adjoining the aforedescribed dower tract, containing one-fourth of an acre, triangular in shape. The aforesaid real estate is the identical real estate which was conveyed as TRACT FOUR by deed dated the 21" day of December 1990, from Leonard M. Wright and Gladys M. Wright to Leonard M. Wright and Gladys M. Wright, in equal interests, of record in the aforesaid Clerk's Office in Deed Book 754, Page 1487. The Grantor reserves unto himself for and during the term of his natural life a life estate in and to the real estate hercinabove described. Reference is hereby made to the aforesaid plats, deeds and records for a more complete description and further derivation of title to the real estate herein conveyed. Tlds canny ayance is n;ade suhiect to ail restrictions, easements and righis of %moray of record affecting the aforesaid real estate. WITNESS the following signature and seat; (SEAL) LEONARD M. WRIGHT STATE OF VIRGINIA COUNTY OF SHENANDOAH, TO -WIT: The foregoing instrument was acknowledged before me this `-S ~ day of March 2001, by Leonard M. Wright. Ata,.) JAAC_ otary Public ITEM 3: Snapp Easement application. Kelly Watkinson has been working with the County Attorney to make sure the Easement Contract for the Snapp easement is legally accurate. There have been some minor changes since the group last saw the draft; however, these changes do not in any way affect the actual agreement.