HomeMy WebLinkAbout04-19 DeedHARRISON & JOHNSTON
ATTORNEYSATlAW
WINCHESTER. VIRGIRLA
A00114-11
THIS DEED (BOUNDARY LINE ADJUSTMENT), made this 27th day of
December, 2001, between Perry Properties. L.P., a Virginia
limited partnership, of the one part, hereinafter called the
Grantor; and Kathryn M. Werner (formerly Kathryn M. P"erry), of
the other part, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of
Ten Dollars ($10.00), cash in hand paid and other valuable
consideration, receipt whereof is hereby acknowledged, the
Grantor does grant and convey, with General Warranty and with
English Covenants of Title, unto the Grantee, in fee simple,
together with all rights, rights of way, privileges and
appurtenances thereto belonging, all of that certain strip of
land, containing 1.1882 Acres, more or less, lying in Shawnee
Magisterial Distract of Frederick County, Virginia, more
particularly described by plat prepared by H. Bruce Edens, Land
Surveyor, dated December 20, 2001, attached hereto and by this
reference made a part hereof; and being a portion of the
property conveyed to the Grantor herein by deed dated December
30, 1976 and recorded in the Clerk's Office of the Circuit Court
of Frederick County, Virginia in Deed Book 468, at Page 201.
This conveyance is made subject to all legally enforceable
restrictive covenants and easements of record affecting the
aforesaid realty.
The property conveyed hereby shall merge with and become a
part of the adjacent property of the Grantee (which contains
57.8740 Acres), all as more particularly described by the
attached plat, which will result in a new tract of land
containing 59.0622 Acres. The adjacent property was originally
acquired by Ferman W. Perry and the Grantor herein as joint
11
0
tenants with the right of survivorship by deed dated January 8,,._j
1986 and recorded in the aforesaid Clerk's Office in Deed Hook
609, at Page 164. Upon the death of Ferman W. Perry, the
Grantor herein, as the sole surviving tenant, became the sole
owner of said adjacent property.
WITNESS the following signatures and seals:
PERRY PROPERTIES, L.P.
(a�Vitrgini.a limited partnership
B�1 f (SEAL)
William Michael Perry a eral
Partner
By: THE FERMAN W. PERRY RESIDUAL
TRUST - General Partner
a ~'
Kathryn M. Werner, Trustee
. aa'x..R,pci 01M. i .A _ . . J _(SEAL)
Kathryn M. Werner
STATE OF VIRGINIA, AT LARGE,
CITY/COUNTY OF 'IlEtaleu W To -wit:
The foregoing instrument was acknowledged before me this
27th day of December, 2001, by William Michael Perry as General
Partner of Perry Properties, L.P., a Virginia limited
partnership, on behalf of said partner/ship.
My commission expires
v Cf (SEAT.) Notary Public
lx
Ul.4
STATE OF VIRGINIA, AT LARGE,
CITYICOUNTY OF ,�j , To -wit:
The foregoing instrument was acknowledged before me this
HARRISON E JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
2 _
HARRISON d JOHNSTON
UW I
ATTORNEYS AT
WINCHESTER VIRGINIA
27th day of December, 2001, by Kathryn M. Werner (formerly
Kathryn M. Perry), individually and as Trustee of The Ferman W.
Perry Residual Trust as General Partner of Perry Properties,
L.P., a Virginia limited partnership, on behalf of said
partnership.
My commission expires�� f�Q
4SEAL) Lary Public
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SITE
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lip INDUSTRIAL
PARK S
APPROVED BY:
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SUBDIVISION ADMINISTRATOR DATE
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING BOUNDARY UNE ADJUSTMENT OF THE LAND OF FERMAN W. &
KATHRYN M. PERRY AND PERRY PROPERTIES AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH
THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS,
PROPRIETORS AND TRUSTEES, IF ANY.
PERRY
PROPERTIES q
-?
BY:/y3-�ai..a[[='�
KATHRYN M. PERRY WERNER Trustee of�Ferm nnn W-. Perrryy ReEs4 &eTrust�
STATE OF
STATE OF
CFS'/COUNTY OF .
CW/COUNTY OF J4
THE FOREGOING INSTRUMENT WAS
THE FOREGOING INSTRUMENT WAS
ACKNOWLEDGED BEFORE ME THIS o2''+ DAY
ACKNOWLEDGED BEFORE ME THIS DAY
OF2001 BY KATHRYN M,
OF 2001 BY KATHRYN M.
"Trustee
�Pl RftY;,WERNER.
of german
PE!R fY WELNNER66fi 81HALF OF PERRY
;
Ste,
MYeCOAi!•AISSION EXPIRES �-/ 4�
W. erry si ual rust
PROPERTIES.
't
MY COMMISSION EXPIRES / tf'
jw j
NOTARY PUBLIC
n Z
NOTARY PURIP
""'SURVEYOR'S CERTIFICATE
i HERE13Y CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A
PORTION OF THE LAND CONVEYED TO FERMAN W. PERRY k KATHRYN M. PERRY DATED JANUARYS,
1986, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 609
AT PAGE 164 AND A PORTION OF THE LAND CONVEYED TO PERRY PROPERTIES DATED DECEMBER
30, 1976, OF RECORD IN THE SAID CLERK'S OFFICE IN DEED BOOK 468 AT PAGE 201.
BWNDM EINE AWUSTMENT
BETWEEN THE LANDS OF
Op' k
FERMAN W. & KATHRYN M. PERRY
AND PERRY PROPERTIES>�
y
BRUCE EDENS
SHAWNEE MAGISTERIAL DISTRICT
No. 000162—B
FREDERICK COUNTY, VIRGINIA
13j:aja
� SUR"$`T°4
DATE: 12/20/01
COVER SHEET
SHEET 1 OF 3
MARSH & LEGGE LAND SURVEYORS, P.L.C.
DRAWN BY: JGB
580 NOTrM LOUDOUN STREET r WINCHESTER, VIRGINI22601
IRV PHONE (540) 667-046$ n FAX (540) 657-0469
EMAIL office0morshondlegge.com
DWG NAME: id3615
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PIN 65-A-103.0
DAVID C. ROBINSON do
� CAROL ANNNROBINSONROBI
i
\ DB. 434 PG. 824
/
PIN 65-A-102 i
DONALD W. MOULDEN &
MELVINA M. MOULDEN IRF
Lq
D8. 531 PG. 45
N 83
_ + ` 'e"
i
' I 1.1$82 ACRES ADJUSTED
! FROM PIN 64-A-158
IRF
PERRY PROPERTIES
U
o I-
S a 4
�N-5 �
PIN 65-A-116
FERMAN W. PERRY do
z
- o
KATHRYN M. PERRY
w
S�
DB. 609 PG. 164co
�m n rl t 57.8740 AC (ORIGINAL)
S
t2
c ! 59.0622 AC (ADJUSTED)
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fH
J
I FOR EASEMENT DUAIL
I SEE SHEET 3 OF 3
— — —4 J CMF Ex.
BUILDING
1RS L�
CMF ,, _
U.S. ROUTE O
o
MILLWOOD PIKE
(VAR. WIDTH R/W)
CUF -_
NOTES:
1. NO TITLE REPORT FURNISHED.
2. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE "C", AN AREA OF MINIMAL
FLOODING PER F.1.R.M. COMMUNrIY PANEL NO. 510063 0120 B, DATED, JULY 16, 1978.
3. SEE SHEET 3 OF 3 FOR UNE TABLE.
BOUNDARY UNE ADJUSTMENT
BETWEEN THE LANDS OF
1
F'ER . `` . W. & KATHRYN M. PERRY
"� -w
ANO PERRY PROPERTIES
IL BRUCE EDENS
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
No. 000162—B
r
CjXA s>31zQ$�o4
DATE
�12/20J01
SCALE: 1'300'
SHEET 2 OF 3
MARSH & LEGGE LAND SURVEYORS, P.L.G.
,i
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
DRAWN BY: JGB
( PMME (540) 667-0468 - FAX (540) 667-0469
1
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EMAIL ofi ice0morshondlegge.com
DWG NAME: id3615
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cn
PIN 64—A-158
PERRY PROPERTIES
D8. 468 PG. 201
.a
i�
t
fil
i? 2732'E S4114730'Er
...R...._ :.....:............. ..._..
............................. $ ....
-.:t::
N35'37128'V IRS
L4
U.S. ROUTE 50
MILLWOOD PIKE
(VAR. WIDTH R/W)
UNE TABLE
PIN 65—A-116
FERMAN W. PERRY do
KATHRYN M. PERM'
DEI. 609 PG. 164
r �7'37'E
3L46'
S41''�'31rE. �I
IRSL3
SWARY SEWER AND
WATER i:JSF.AiM
HEREBY GRANTED
EASEMENT DETAIL
1 "=50'
LINE
BEARING
DISTANCE
L.1
N28'1= W
26A5'
L2
w2'it]`99'W
223.96'
L3
N36'W'37'W
459ALP
L4
N33-372WV
70W
AREA TAMILATION (PIN 65—A-116)
ORIGINAL = 57.8740 ACRES
FROM PIN 6¢—A-15 - 1.1882 ACR&5
REMAINING AREA = 59.0622 ACRES
AREA-TANLATIO (PIN 64-A-158)
ORIGINAL - 44.16 ACRES
TO PIN 65-A-116 = --1.1882 ACRE$
TOTAL AREA - 44.9718 ACRES
BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
FERMAN W. & KATHRYN M. PERRYAND
PERRY PROPFRTIESSNiA
CIBRUCE
WEE UAGISTERIAL DISTRICT:• , FW00ICK COLiNTY, VIRGINOt ","DATE
12/20/01.
SCALE: 1--50'
SHEET 3 OF 3
e MARSH & LEM UND SURVEW, P.Q.C.
580 NOM LOUDOU VIRGINIA: FRWbi MCM*r Y. SCr .a
This instrument of writing was produced/to me on DRAWN BY ' .iGB
"RIPHONE {
I - f•.3 �i�'
MNL at
MAI E
NAME: 10615
�
and with certificate of acknowkdgcment thereto annexc-
was admitted to record. Tax imposed by Sec. 58.1-892 bf
1 Q •DD and 58.1-801 have heen paid, if assessable
4" �1dYL ' Clerk
� b 752rc 1 452
I, Douglas C. Legge, on this 1st day of November 1990, do hereby certify that
the plat and description attached hereto is a true copy of a survey made by me on
the 16th day of October 1990, of a portion of the land conveyed to Petry Properties
and Ferman W. Perry & Kathryn M. Perry by Deeds dated 30 December 1976 and 8
January 1986 and recorded in Deed Book 468 at Page 201 and Deed Book 609 at Page
164. The said land lies in Shawnee District.
Certified Land Surveyor
STATE OF VIRGINIA
COUNTY OF FRejeaick TO -Wit:
I, Mir awd _ !R._ N_ ,,&meR ,ANotaryPubhcin and for the State of
Virginia do hereby certify that this day personally appeared before me
C. Lffqg s whose name is signed to the foregoing instrament dated
st day of Alutc %6,e 1990 and acknowledged the same before me in my
State and aforesaid.
Given under my hand this 1E! day of Notic locos 1990 .
/L/
67O
WinChnter Mun-CrWt
.-Auport
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om
712,
n 8
APPROVED BY
FRED. CO. HEALTH DEPARTMENT DATE
SUBDIVISION ADMINiSTRATOR DATE
OWNER'S ERTIFICATE
The above and foregoing Boundary Line Adjustment between the land
of Perry Proparties and Ferman W. & Kathryn M. Perry, as appears in
the accompanying plat, is with the consent and in accordance with the
desires of the/undersigned owners, rietors, and trustees, if any.
SURVEYOR'S CERTIFICATE
I hereby certify that the land contained in this Boundary Line
Adjustment is a portion of the land conveyed to Perry Properties by deed
dated 30 December 1976 and a portion of the land conveyed to Ferman W.
& Kathryn M. Perry by deed dated 8 January 1986, said deeds recorded in
the Office of the Clerk of the Circuit Court of Frederick County, Virginia
in Deed Book 468 at page 201 and Deed Book 609 at page 164,
respectiv0!y.
GfV%
Douglas C. Legge, G.L.S.
DOUGLAS C, I.EGGE
S CERTIFICATE N0.
1197
BOUNDARY LINE ADJUSTMENT
13M- AJEEN THE LAND OF L09 SV
PERRY PROPERTIES
AND
KATHRYN M. PERRY
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VtRGtN1A
OCTOBER 16, 1990
gllbert w.clifford assoclates,inc.
9.&U«��Land PI an.n
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sec awowau,m nn.. noo wnowra ta..t
;..K, tw.t,w,Rost.µ+tt> .��..•tf..trt.s,«,-,"' SHEET 1 of-Pi
./IRGINIA: Ff
This instrum+
to me on the
of acknowle
admitted to
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f
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PC' �v e
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4a.
1. NO TITLE REPORT FURNISHED
2 PROPERLY IS SUBJECT TO EASEMENTS
OF REOOM
3. THIS PLAT WAS MADE FROM INFORMATION
SHOym ON EXISTM PLI M REGARDS AND
NOT FIELD VERFED.
GRAPHIC SCALE IN FEET
BOUNDARY UNE ADJUSTMENT
BETWEEN THE LAND OF
DEP.ICK COUNTY, SCT. PERRY PROPERTIES
,It tof writing was Produced AND
_ /L doy of KATHRYN M. PERRY
(a Sand with certificate SHAWNEE MAGISTERIAL DISTRICT
meet thereto annexed was FREDERICK COUNTY, VIRGINIA
Nd.
OCTOBER 16, 1990
JJJ�gi ,
Silbert w. cli[for associates, inc.
CLERK
Hoaiy.r,- {..n0 Dl.m.n
su,.Yw,
W DOUGLAS C. LEGI
CERTIFICATE NO.
' 118Z
CnWO S�
]oa .anu.rro.,v.a
�yyypy, vy,u1. ]3401 {101144] 31]Y
HN
#430
KATHRYN M. PERRY, EXECUTOR, ET ALS
TO: DEED OF ASSUMPTION _
PERRY PROPERTIES, L. P:
GK&7OFG257
THIS DnD of ASSUMPTION dated Juns 13, 19)7 by and
between Uthrvn N. Psrrv, 1UQV%Qrof Z6yt6O! to , x.
Perry. -Deceased, Zeff :.1Y Allan Perry and
Pew, hereinafter referred to as Grantors, and int
Mooarti s. L. P., a Virginia Limited partnership,
hereinafter referred to as Grantee, and Dominion Ba k)
WITBESSMs In consideration of all of the
interests in and to the profits, surplus and capital of the
Grant**, and for other good and valuable consideration,
receipt of which is hereby acknowledged, and in further
consideration of the assumption by the Grantee of a certain
lien indebtedness as will be hereinafter more fully set
forth, the Grantors do hereby grant and convey, with general
warranty and English covenants of title, to the Grantee, in
fee simple and as specific partnership property, all of the
following two tracts or parcels of real estate, together
with the improvements thereon and all rights, rights of way
and appurtenances thereunto belonging, lying and being
situate on the test side of U. s. Highway Ko. 50, about
three ails: southeast of the Clay of Vinchaster, in Shawnee
MaListerial District, Frederick county, Virginia, more
particularly described as follows:
ELMIA OHEs All of that certain tract or parcel
of land originally containing 391.65 Acres, more or
leas, being more particularly described by metes
and bounds in a plat and survey prepared by
Richard U. Goode, Certified Land surveyor, dated
July 30 1964, as follows:
DWINSING at (1) an iron peg at the Southeast
corner of the land of Clark) thence with Clark
N 52 deq. 42 sin. W 291.1 teat to (2) a White Oak
tree in sailey•e line) thence with Dailey N 35
dei. SO min. E 536.7 feet to (3) a Reid Oak Tres in
Dailey+s line and corner to the land of Frederick
q
Countp, Virginia; tbenoo with said land for the
following 9 courses 8 56 deg. 38 min. t 12s.o feet
to (4} a Hickory treat thence s 26 deg. 50 sin.
N 294.9 feet to (5) an iron peg by a fence post,
thence 6 26 deg. 11 min. E 148.7 feet to (6) a
nail in a fence post; thence d 53 deg. 21 min.
E 205.4 feet to (7) a blazed locust tree; thence
8 75 . 19 min. 2 58.2 tootto (8} an iron peg#
thane 81 deg. 39 min. 2 77.6 fee$ to (!) as
iron ppsgf theme N 58 dp. 57 min. s 7l.3 feet to
1 peg# thence N 72 deq. 56 min. 2'33.1
sat to (11) an iron peg; thence N 83 deg. 54 min.
E 99.1 foot to (12) apeat a corner to the land of
Frederick County, Virginia, in the Nest line of
the land of Rowles; thonce with Rovles for the
following 2 coursgs s 14 deg. 42 min. N 420.8 feet
to (13) a blazed tree; thence s 32 dog. 17 min.
E 1097.4 feet to (14) an iron peg by a post in a
fence corner, a corner to Carper in the south rine
of the land of Rovlesl thence with Carper for the
following two courses 9 43 deg. 16 min. N 947.7
feet to (15) a post; thence 43 daq. 10 min.
N 531.1 fast to (16) an iron peg in the center of
an old apandenod road; thence N 30 deg. 09 min.
N 404.9 feat to (17) an iron peg in the East line
of v. s. Highway No. Sar thence with U. S. Highway
No. 30, with it curve to the left the chordbearing
and distance being N 28 deg. 08 min. K 127.1 feat
to (18) a concrete highvay marker; thence with the
East line of U. 2. Highway No. 30 N 29 dog.
33 min. N 478.0 last to (19) an iron paq a corner
to Ferman W. Pfrry's 1.86 Acre Tract; thence with
said tract for tote following 2 courses N 6o deg.
27 min. E 300.0•tset to (20) thence N 29 deg.
33 min. N 894.0 feet to (21) the point of
interaection of 'the test line of the 8.86 Acre
Tract extended with the South line of the land of
Clark; thence with Clark N 49 deg. 10 min. It 294.2
feet to the point of Soginninq, containing •39.65
Acres, acre or lasa, •,
LBaS and EXCEPTINQ from the•abova dexaribedi39.65
Acres, more or less, are,two convgyanars,_one by dead dated
Octpber 28, 1966, to the'County gf lreder$ck, a conveyance
of 5.452 Acres, of record in tl4e Clerk's otfioe of the
Circuit Court of lmdericic Foanky, Wrginia,, in Deed book
349, Page 16, and a convsyanae to the Co wealth of
:t
Virginia by deed dated oobob* 14, 1970, of 0.384 Acre, of
record in the afotesaid GQlark's,office in Heed book 370,
Pao* 654, apd beiAg a poftion of the property conveykd to
rerman N. Perry, at ux, by deed'`pf Do111e Clark Grim, Widow,
I I at cis, dated March as,.agil, at record in the aforesaid
-2r-
• BK67OPG259
Clerk's Office in Dead book 298, Page 170, to which dead
satereeos is bare made for a afore particular description.
PNW& Mi All of that certain tract or parcel
of land containifig 4.86 Acres, Fiore or lose, and
being more particularly described by votes and
bounds in a plat and survey prepared by Richard U.
Goode, Certified Land Surveyor, dated April 22,
1964 as follows:
BEGINNING at (1) the point of intersection of
the East line of U. B. Highway No. 5o with the
South line of a 60 ft. right of way between this
tract and a 4.1 acra tract recently conveyed by
Perry to Clark; thence with the South line of the
60 ft. right of way N 49 deg. 10 min. L 504.2 foot
to (2) thence with two new division lines through
the land of Perry a29 dog. 33 min. 8 822.$ feat
to (3) thence 8 60 deg. 27 min. W 300.0 fast to
(4) an iron peg in the Bast line of U. s. Highway
No. 501 thence with the East line of U. S. Highway
No. 50 to N 29 deg. 33 min. W 549.3 fast to (5) an
iron peat thence with a curve, to the right, the
chard bearing and distance being X 27 deg. 46 via.
W 174.9 feet to the point of beginning, containing
5.86 Acres, Bora or less,
and being the property conveyed to the Grantors by dead of
assumption of even date herewith of record in the Clerk's
office of the circuit Court of Frederick County, Virginia,
immediately preceding this dead.
The Grantee joins in the execution of this deed
for the purpose of assuming the balance due on a Three
Hundred Thousand (4300,000.00) Dollar indebtedness to the
Commercial and savings sank, of Winchester, Virginia, on
that certain dead of trust dated December 27, 1976, and
correction dead of trust dated December 30, 1976, both of
which are from Forman W. Perry and Kathryn R. Perry, his
wife, to Flournoy L. Largant, Jr., at al, Trustees, of
record in the Clark's office of the Circuit Court of
Frederick County, Virginia, in Dead look 468, Paas 54 and
Dead 468, Page 379, respectively, and the Grantee, does
hereby agree to asasre and pay said indebtedness in .
-s-
L
TOFs2&0
accordance with the teras end OftAitioas of to bond
*Vidanoing said debt end the deed of twat aoftriuq same.
Dominion •anh, suoossaor to the Cowercial and
Savings Dank, joins in the execution at this deed for the
sole and express purpose of consenting to the conveyance and
assuxption herein described.
MITiiMSS the following signatures and assist
Estate ! Ferman N. PerrYWAthry�9ss�L
Dye u!7)+ )
n . YOM, UwUtor
4 (a SAL)
X n er
mat
Nich&bl re
PERRY PROMMES, L. P., a Virginia
Limited Partnership
]!state of Ferman B. Perrin, General
DMNION SUK 3HEM DOAN VALLEY, NATIONA
IU$8pCI71TI Y Cott RCIAL AND EAVINW D UX
llyt r c r ...., (SUL)
�'rssit �ur•�wr,n. :k(:,.q �ttrttl`
BUTS OF VXWIMZl1-AT-LAM
City of wirAihester, to-niti '
it, 5&b pf t e t .lt 6, a Notary Public in
and for the state at Large, do certify that Kathryn K.
Perry, as Executor of the estate of Ferman A. Perry,
•4» a
• r•-iii=::�._ :s:dn
OX67OP626I
Jeffrey Allen Perry, Individually and as General Partner of
Pox;ry Properties, L. P., and Michael William Parry,
ividually. and Go -Aral part -max of g,.. ---r Properties, L.
P., whose names are signed to the foregoing writing, bearing
date the 13th day of June 1987, have personally appeared
before so and aakhovledged the same.
Given under my hand this && day of
Ct hfl°i%�pA--t 1947.
My commission expires 01- kI& •_ 3 321. ! -q go
`RgltetCjI x M.'iliSfG"Ff
Notary Public
STATS OF VIMMA-AT-Wall
City of Winchester, to -wits
I, j T. bartheld , a Notary Public in
and for the state at Large, do certify that
st*ven A. favewwr and
whose names are signed as Cbawarcial banking Officer end
of Dominion Bank,
respeotively, to the foregoing writing bearing the data lith
day of June, 1987, have personally appeared before se and
acknowledged the same.
��, • given tenser my hand this eth day of
Oaceabar , 1997.
V .
lol {,,� f. cosmissien wwires - Jultr ;g. 1991
Ory.`'•. •'. 10
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