HomeMy WebLinkAbout008-82 Jim Wilson Land - Stonewall - BackfileBURR P. HARRISON 19041073
WILLIAM A.JOHN5TON
H. K. BEN HAM ID
BILLY J. TISINGER
THOMA5 A. 5CHULTZ, JR.
RONALD J. BROWN
BRUCE E. DOWNING
ELIZABETH B.JOHN5TON
HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA 22601
21 SOUTH LOUDOUN STREET
P. O. BOX 809
July 14, 1982
Mr, M. Lee Boppe
Vice President
Farmers and Merchants National Bank
115 North Cameron Street
Winchester, Virginia 22601
Dear Lee:
TELEPHONE
AREA CODE 703
667-1266
In connection with the loan to be made to James T. Wilson
and Jessie'S. Wilson, his wife, concerning the construction of
a warehouse in the Stonewall Industrial Park, enclosed please
find the following documents which we have prepared:
1. Deed to Establish an Easement;
2. Deed of Trust.
As you know the land on which the new warehouse is to
be constructed is at present part and parcel of a larger tract
of land on which a warehouse has been constructed and on which
Commercial and Savings Bank by a deed of trust as mentioned
in the documents attached hereto, has a first lien. We have
exhibited the deed to establish an easement to John Horne,
Frederick County Planner, and he has agreed to administratively
approve the subdivision of the land as indicated on the plat
by Bruce Edens, which is attached to each document. With the
administrative approval of the subdivision, with the corresponding
establishment of the right of way as indicated, the larger
parcel of land is effectively subdivided and a first lien can
be placed on that portion of the land where the new warehouse
is to be constructed.
Please note that the right of way has been established
both in a separate instrument and in the deed of trust that
will be executed. The basic reason for doing this is that
hopefully the deed of trust will be released at sometime in
MOM
tj
Mr. M. Lee Boppe
Page 2
July 14, 1982
the future and persons might have difficulty picking up this
right of way as a matter of record.
It is my understanding that you will prepare the bond that
is to be executed by Jim and Jessie Wilson along the lines
which we discussed, with the variable interest rate providing
for minimum and maximum fluctuations, Please note, as we
discussed, that the deed of trust provides that monthly payments
will not begin for a period of six months from the date of the
bond, which provides enough lead time to construct the warehouse
and to place a tenant therein.
By copy of these documents I am circulating the same to
the C & S Bank and also sending a copy of this letter to John
Horne who has advised that he will sign off administratively,
as to the subdivision, whenever we are ready to close.
We will, of course, certify the title once the basic
documents are approved for closing.
BJT : j df
Enclosures
Sincerely,
Billy J. Tisinger
CC: Mr, and Mrs. James T. Wilson
Commercial and Savings Bank
Mr, John Horne
'�Y :'tTIT I.:S'�ir�S tf iy,�JE t. ,...ti:."^.'T;`i_�..`.'y'S': �.j�•,:y ).: ;v. :Y:'.a::.
HARRISON L JOHNSTON
ATTORNEYS AT UM
WIMCH[RT[R. YIRGINIA
oo�J�Z
THIS DEED OF TRUST, made this day of
1982, between James T. Wilson and Jessie S. Wilson, his wife,
of the first part, hereinafter called the Grantors; William A.
Johnston of Winchester, Virginia, and H. K. Benham, III and
Billy J. Tisinger of Clarke County, Virginia, Trustees, of the
second part, hereinafter called the Trustees; The Commercial and
Savings Bank, of the third part, and Billy J. Tisinger, Sole
Acting Trustee, of the fourth part.
WITNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00), cash in hand paid and other valuable consider-
ation, receipt whereof is hereby acknowledged, the Grantors do
grant and convey, with General Warranty and with English Covenants
of Title, unto the Trustees (any Trustee may act), in fee simple,
together with all rights, rights of way, privileges and
appurtenances thereto belonging, all of that certain parcel of
land, lying and being situated in Stonewall District, Frederick
County, Virginia, designated as Parcel B-2 on that certain plat
of H. Bruce Edens, Certified Land Surveyor, dated June 25, 1982
containing 2.500 acres, which plat is attached hereto and by this
reference made a part hereof; and being a portion of the same
property which was conveyed to the Grantors herein by deed from
Lenoir City Company of Virginia, a Virginia Corporation, dated
February 19, 1974, and recorded in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia in Deed Book 424,
at Page 832.
IN TRUST NEVERTHELESS, to secure the payment in full, both
principal and interest, of that certain negotiable bond, bearing
even date herewith, executed by the Grantors, payable to the
■
order of The Farmers and Merchants National Bank, at Winchester,
Virginia, in the principal sum of Two Hundred Thousand Dollars
($200,000.00), payable in one hundred eighty (180) monthly
installments, said monthly installments, including principal
and interest to begin six (6) months from date, with the specific
monthly installments, including principal and interest, payable
as set forth in the bond secured hereby; and to this end to
secure the indebtedness evidenced by said bond, in whatsoever
form it may hereafter assume, by renewal or renewals, in whole
or in part, by change of parties, makers, endorsers or otherwise,
until the full amount of said indebtedness has been fully paid
and discharged.
This deed is governed by and is to be read and construed
(with reference to Chapter 4, Title 55 of the Code of Virginia,
1(1950) and Acts of the General Assembly amendatory thereof in
iforce and effect as of the date hereof.
Exemptions waived,
Subject to all upon default.
Renewal or extension permitted,
Substitution of Trustees permitted.
The Grantors, by their signatures hereto, grant to the
Beneficiary herein., a fifty (50) foot right of way from Frontage
Road II, to Parcel B-2 as shown on the plat which is attached
hereto, this right of way being a covenant real to run with the
herein described premises. It is the express intention of the
Grantors and the Beneficiary herein to establish the afore-
mentioned fifty (50) foot right of way for the purpose of
ingress and egress to Parcel B-2 in order that said property may
be conveyed as a separate entity from Parcel B-1, the Beneficiary
-2-
HARRISON 6 JOHNSTON
ATTORNEY! AT EAw
VINLHEETER. VIRRINIA
herein refusing to make the loan as hereinbefore set forth without
this condition being expressly provided.
The Commercial and Savings Bank, party of the third part,
joins in this instrument for the express purpose of releasing
Parcel B-2, and only said parcel, from that certain deed of
trust which is recorded in the aforesaid Clerk's Office in Deed
Book 523, at Page 215, and to expressly agree to the granting
of the right of way, as hereinbefore mentioned, across Parcel
B-1 upon which The Commercial and Savings Bank will retain its
security interest provided in the deed of trust last mentioned,
Billy J. Tisinger, Sole Acting Trustee, at the request of
The Commercial and Savings Bank, under the provisions of the
deed of trust as aforementioned in the paragraph immediately
preceding, joins in this instrument for the purpose of releasing
Parcel B-2, and only said parcel, from the said deed of trust,
and further, at the direction of The Commercial and Savings
Bank, to grant to the Beneficiary herein, any and all rights
which said Trustee has in the said fifty (50) foot right of
way established herein across Parcel B-1.
Advertisement required: Publication of notice of sale once
a week for two (2) successive weeks in any newspaper of general
circulation or published where the property is located. Said
sale may be held not less than eight (8) days following the first
advertisement nor more than thirty (30) days following the last
advertisement,
Insurance with extended coverage, required against fire and
other casualty, to the extent of the full insurable value.
It is mutually understood and agreed that in the event the
property which has been conveyed to the Trustees is advertised
11for sale pursuant to the terms of this trust, and prior to the
-3-
HARRISON i JOHNSTON
ATTORNEYS AT EAW
WINCHESTER, VIRGINIA
date of sale the property is redeemed, or withdrawn from sale for
any reason, the Grantors agree to pay all costs of the Trustees
and a commission of two and one-half per centum (2 1/2%) on the
remaining unpaid balance of the debt secured by this trust.
The property secured by this deed of trust may not be
conveyed to any other person, firm or corporation, without the
prior written consent of the holder of the bond and any such
conveyance without such consent shall be construed as a
default of the trust.
"NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL
OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR
CONVEYANCE OF THE PROPERTY SECURED HEREBY."
WITNESS the following signatures and seals:
STATE OF VIRGINIA,
OF
I,
(SEAL)
ames T. Wiison
(SEAL)
Jessie S. Wilson
THE COMMERCIAL AND SAVINGS BANK
By
(SEAL)(
Billy J. Tisinger, Sole Acting Trustee
, To -wit:
, a Notary Public of and
for the State and aforesaid, do certify that James T.
Wilson and Jessie S. Wilson, his wife, whose names are signed
to the foregoing writing, bearing date on the day of
-4-
HARRISON A JOHNSTON
ATTORNEYS AT LAW
WINCHESTLR, VIRGINIA
, 1982, have acknowledged the same
before me in my State and aforesaid,
Given under my hand this day of
My commission expires
(STATE OF VIRGINIA,
OF
I,
for the State and
To-wit:
Notary Public
. 1982 1
, a Notary Public in and
aforesaid, do certify that
whose name as
of The Commercial and Savings Bank, is signed to the foregoing
(writing, bearing date on the day of
personally appeared before me this day in my said
, 1982,
and in the name and on behalf of the said Bank, acknowledged the
said writing as the act and deed of the said Bank, and made oath
I that he is
of the said Bank.
Given under my hand this day of
My commission expires
Notary Public
STATE OF VIRGINIA,
OF , To -wit: .
I,
, 1982,
A Notary Public of and
for the State and aforesaid, do certify that Billy J. I
Tisinger, Sole Acting Trustee, whose name is signed to the forego
writing, bearing date on the day of
1982, has acknowledged the same before me in my State and
aforesaid,
-5-
Given under my hand this day of
My commission expires
ME
tary Public
1982.
NARRISOX L JONNSTOX
A'ITOANCTS AT LArr
WINCN[t TLA, VIRGINIA
of
to , ,op
o�ga2
THIS DEED TO ESTABLISH AN EASEMENT, made this day
1982, between James T.Wilson and Jessie
S. Wilson, his wife, and Billy J. Tisinger, Trustee, hereinafter
called the Grantors; James T. Wilson and Jessie S. Wilson, his
wife, hereinafter called the Grantees; The Commercial and
Savings Bank, hereinafter called C & S, and Farmers and Merchants
National Bank, hereinafter called F & M.
WHEREAS, the Grantors are the owners of certain property
located in Frederick County, Virginia in Stonewall Industrial
Park designated Parcel B-1 and B-2 on that certain plat of
H. Bruce Edens, C.L.S., dated June 25, 1982, a copy of which is
attached hereto and made a part hereof, the said James T. Wilson
and Jessie S. Wilson, his wife, having acquiredthe land by deed
from Lenoir City Company of Virginia, a Virginia Corporation,
dated February 19, 1974 and recorded in the Office of the Clerk
of the Circuit Court of Frederick County, Virginia in Deed Book
424, at Page 832, the said Billy J, Tisinger, Trustee, having
acquired title to the land as a Trustee under that certain
deed of trust dated June 20, 1980 and recorded in the aforesaid
Clerk's Office in Deed Book 523, at Page 215; and,
WHEREAS, the property as hereinbefore mentioned is a single
piece of property at present; and,
WHEREAS, it is the intention of the Grantors to subdivide
the parcels as indicated on the plat attached hereto and to
secure C & S for an existing loan on the property (which shall
apply only to Parcel B-1) and to secure a loan to be obtained
from F & M on Parcel B-2; and,
IIWHEREAS, the Grantors desire to create a right of way
fifty feet (50') in width for the purposes of ingress and
egress from Frontage Road II to Parcel B-2 across Parcel B-1
as shown on said plat.
NOW THEREFORE WITNESSETH: That the Grantors do hereby
establish for the benefit of the Grantees, a fifty foot (50')
right of way, for ingress and egress from Frontage Road II
to Parcel B-2 as shown on said plat which shall constitute a
covenant real running with Parcel B-2 as shown on said plat.
C & S by its signature hereto, agrees and consents to the
establishment of said right of way as hereinbefore mentioned.
F & M by its signature hereto, agrees and consents to the
establishment of said right of way as hereinbefore mentioned.
WITNESS the following signatures and seals:
(SEAL)
ames T. Wilson
(SEAL)
Jessie S, Wilson
(SEAL)
Billy J. Tisinger, Trustee
THE COMMERCIAL AND SAVINGS BANK
By
FARMERS AND MERCHANTS NATIONAL BANK
By
STATE OF VIRGINIA,
OF , To -wit:
I,
, a Notary Public of
for the State and aforesaid, do certify that James
T. Wilson and Jessie S. Wilson, his wife, whose names are signed
to the foregoing writing, bearing date on the day of
, 1982, have acknowledged the same before me
II in my State and aforesaid,
- 2 -
I
Given under my hand this day of
My commission expires
Notary Public
STATE OF VIRGINIA,
OF , To -wit:
r
1982,
I, , a Notary Public of and
for the State and aforesaid, do certify that Billy J.
Tisinger, Trustee, whose name is signed to the foregoing
writing, bearing date on the day of
1982, has acknowledged the same before me in my State and
aforesaid.
Given under my hand this
My commission expires
STATE OF VIRGINIA,
OF , To -wit:
I,
the State and
day of
Notary Public
. 1982.
, a Notary Public in and for
aforesaid, do certify that
. whose name as
of The Commercial and Savings Bank, is signed to the foregoing
writing, bearing date on the day of 1982,
personally appeared before me this day in my said
and in the name and
on behalf of
the said Bank, acknowledged the
said writing as the
act and deed
of the said Bank, and made oath
that he is
of the
said Bank.
Given under my
hand this
day of 1982.
'1 ..
My commission
expires
HARRISON A JOHNSTON
ATTORNEYS AT LA1'
., •INCN[5T[R, VIRGINIA
Notary Public
LOCATION MAP
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STATE OF VIRGINIA,
OF , To -wit:
oob- 62
06
, a Notary Public in and
for the State and aforesaid, do certify that
, whose name as
of Farmers and Merchants National Bank, is signed to the
foregoing writing, bearing date on the day of
1982, personally appeared before me this
day in my said and in the name and on behalf of the
said Bank, acknowledged the said writing as the act and deed of
the said Bank, and made oath that he is of the
said Bank.
Given under my hand this day of
My commission expires
HARRISON 6 JOHNSTON
1 ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
- 4 -
tary Public
1982.
� S
J
IOIfM JARR&'a AVST RE/MSTALL fD AT Rf6/Ml W
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iE A!yfW7ATED AS .XLW AS POSSIBLE AfTEM 6RADIN0.
ACC NM L -EO SIL r rO Bf RfMOV£O Af rfR O/S rURR£O
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LEMOIl9 C/rY CO. OF VA.
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IA
SITE PLAN
✓/M W/L SON L A ND
STONEWALL DISTRICT, FREDERICK CCUNTY, V/RG/N/A
SCALE / " = 30' MAY /2, /-W
PREPARED BY
GREENWAY ENGINEERING B SURVEYING COWANY INC.
P. O. BOX 666
WINCHESTER, VIRGINIA
FINAL SITE PLAN
_ ED�
t
f rrberirk C vun#g 8 2
DPpartmen# of 11IanniuS anb PrMvpmrn#
DIRECTOR.
JOHN T. P. HORNE
DEPUTY DIRECTOR
STEPHEN M. GYURISIN
M E M O R A N D U M
TO:
P. O. Box 601
9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
Department of Inspections �, ATTN Mr. John Dennison
Zoning , ATTN Mr. Stephen Gyurisin
Planning i ` `, ATTN _Mr. John T. P. Horne
Health Department ,� TN Mr. Herbert Sluder
Highway Department , ATTN Mr. W. H. Bushman
FROM: John T. P. Horne, Director Date June 14, 1982
SUBJECT:
Review comments on Conditional Use Permit Subdivision
Rezoning
We are reviewing the enclosed request by
X Site Plan
Jim Wilson Land
or their representative 667-1660 Will
you please review the attached and return your comments to me by as
soon as poss:.ble.
--------------------------------------------------------------------------
This space should be used for review comments:
Signature t Date 30 P
DIRECTOR
JOHN T. P. HORNE
DEPUTY DIRECTOR
STEPHEN M. GYURISIN
grebe irk (garrrltu
Repartmiont of Flaultirtg aub B6el.VFMrU1
M E M O R A N D U M
P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
TO:
'00I
Department of Inspections ATTN Mr. John Dennison
Zoning , ATTN Mr. Stephen Gyurisin
Planning , ATTN Mr. John T. P. Horne
Health Department , ATTN Mr. Herbert Sluder
Highway Department , ATTN Mr. W. H. Bushman
FROM: John T. P. Horne, Director Date June 14, 1982
SUBJECT:
Review comments on Conditional Use Permit Subdivision
Rezoning
We are reviewing the enclosed request by
or their representative _ 667-1660
X Site Plan
Jim Wilson Land
you please review the attached and return your comments to me by as
soon as possible.
----------------------------------------------------------------------
This space/,should be used for review comments:
i
Signature ��„^Y1 Date �� �—
SITE PLAN #008-82
Jim Wilson Land
Zoned M-1
LOCATION: Lenoir Drive in the Stonewall Industrial Park
MAGISTERIAL DISTRICT:
Stonewall Magisterial District
ADJACENT LAND USE AND ZONING:
Industrial land use and industrial
zoning
PROPOSED USE AND IMPROVEMENTS: Warehouse
REVIEW EVALUATIONS:
Virginia Dept. of Highways and Transportation - It appears that
the existing entrance will be used for this addition. Therefore,
no additional VDH&T requirements will be required.
Health Department - Storage facility only. Health Department
has no objections.
Department of Inspections - No objection to the site plan. This
building would be considered S-1, Storage, under the Virginia
Uniform Building Code.
Planning and Zoning - No objection. Staged excavation and grading
will be necessary to protect Red Bud Run from siltation.
STAFF RECOMMENDATIONS: Approval
�re�eritk Conn#�
Department of 1hanning anb B6dopment 3 1992 5
DIRECTOR
JOHN T. P. HORNE i�G P. 0. BOX 601
DEPUTY DIRECTOR 9 COURT SQUARE
STEPHEN M. GYURISIN WINCHESTER, VIRGINIA 22601
M E M O R A N D U M
TO:
Department of Inspections , ATTN Mr. John Dennison
Zoning , ATTN Mr. Stephen Gyurisin
Planning , ATTN Mr. John T. P. Horne
Health Department , ATTN Mr. Herbert Sluder
Highway Department 4�TTN Mr. W. H. Bushman
FROM: John T. P. Horne, Director Date June 14, 1982
SUBJECT:
Review comments on Conditional Use Permit Subdivision
Rezoning
X Site Plan
We are reviewing the enclosed request by Jim Wilson Land
or their representative 667-1660 Will
you please review the attached and return your comments to me by as
soon as possible.
---------------------
This space should be usecY-for review comments:
iY It appears that the existing entrance wijj.be used for this addition.
Therefore, no additional VD & J. Zpquirementg
e �
Signature Date "n ��
(Ijann#u ooS
,'b 2
P.e a traent of 1haniting aub a ,6.e1:a men1 60
DIRECTOR
JOHN T. P. HORNE
DEPUTY DIRECTOR
STEPHEN M. GYURISIN
M E M O R A N D U M
TO:
P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
Department
of Inspections
, ATTN
Mr.
John Dennison
Zoning
, ATTN
Mr.
Stephen Gyurisin
Planning
� ATTN
Mr.
John T _ P. Horne
Health Department,
�, ATTN
Mr.
Herbert Sluder
Highway Department
_, ATTN
Mr.
W. H. Bushman _
_
FROM: John�T.
P. Horne, Director
_ _ Date
June
14, 1982 «
SUBJECT:
Review comments on Conditional Use Permit
Rezoning
We are reviewing the enclosed request by
or their representative 667-1660
Subdivision
X Site Plan
Jim Wilson Land
you please review the attached and return your comments to me by as
soon as possible.
----------------------------------------------------------------------
This space should be used for review comments:
Signature - - - -- Date _ --__�_�.-----
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I HEREBY CERTIFY THAT `+`„'L� L`
TO THE BEST OI 7
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"w "I THE MINIMUM
.,,,;ANDS ESTABLISHEL, 3Y THL VIRGIINI
' E BOARD OF ARCHITECTS,
r: .',.ONAL ENGINEERS. LAND SURVEYORS,
ANJ Cj-HTIFIED LANDSCAPE ARCHITECTS•
WINCHFSTER, VIRGINIA
LOT DIVISO94 `
.JIM WILSOM "
STONEWALL DISTRICT MILDEMICK CO- VA-
SC.AL[.31"- ICPO* -JUWW ZIL-'"t
GI[CCNWAy EW611JCCRIM4 4 sulevay1mc c.
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Given under my hand this day of 1982.
My commission expires
Notary Public
HARRISON d JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
- 6-
HARRISON S, JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
, 1982, have acknowledged the same
before me in my State and aforesaid.
Given under my hand this day of 1982.
My commission expires
Notary Public
STATE OF VIRGINIA,
OF To -wit:
I, , a Notary Public in and
for the State and aforesaid, do certify that
, whose name as
of The Commercial and Savings Bank, is signed to the foregoing
writing, bearing date on the day of 1982,
personally appeared before me this day in my said
and in the name and on behalf of the said Bank, acknowledged the
said writing as the act and deed of the said Bank, and made oath
that he is of the said Bank.
Given under my hand this day of 1982.
My commission expires
Notary Public
STATE OF VIRGINIA,
OF To -wit:
I, A Notary Public of and
for the State and aforesaid, do certify that Billy J.
Tisinger, Sole Acting Trustee, whose name is signed to the foregoin,
writing, bearing date on the day of ,
1982, has acknowledged the same before me in my State and
aforesaid.
-5-
date of sale the property is redeemed, or withdrawn from sale for
any reason, the Grantors agree to pay all costs of the Trustees
and a commission of two and one-half per centum (2 1/2%) on the
remaining unpaid balance of the debt secured by this trust.
The property secured by this deed of trust may not be
(conveyed to any other person, firm or corporation, without the
prior written consent of the holder of the bond and any such
conveyance without such consent shall be construed as a
default of the trust.
"NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL
IOR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR
CONVEYANCE OF THE PROPERTY SECURED HEREBY."
WITNESS the following signatures and seals:
STATE OF VIRGINIA,
OF
(SEAL)(
ames T. Wilson
(SEAL)
Jessie S. Wilson
THE COMMERCIAL AND SAVINGS BANK
(SEAL)
Billy J, Tisinger, Sole Acting Trustee
. To -wit:
I, , a Notary Public of and
for the State and aforesaid, do certify that James T.
Wilson and Jessie S. Wilson, his wife, whose names are signed
HARRISON S J13HNST13N
ATTORNEYS AT LAW to the foregoing writing, bearing date on the day of
WINCHESTER. VIRGINIA
-4-
HARRISON S JOHNSTON
ATT13RHEYS AT LAW
WINCHESTER. VIRGINIA
herein refusing to make the loan as hereinbefore set forth without
this condition being expressly provided.
The Commercial and Savings Bank, party of the third part,
joins in this instrument for the express purpose of releasing
Parcel B-2, and only said parcel, from that certain deed of
trust which is recorded in the aforesaid Clerk's Office in Deed
Book 523, at Page 215, and to expressly agree to the granting
of the right of way, as hereinbefore mentioned, across Parcel
B-1 upon which The Commercial and Savings Bank will retain its
security interest provided in the deed of trust last mentioned.
Billy J. Tisinger, Sole Acting Trustee, at the request of
The Commercial and Savings Bank, under the provisions of the
deed of trust as aforementioned in the paragraph immediately
preceding, joins in this instrument for the purpose of releasing
Parcel B-2, and only said parcel, from the said deed of trust,
and further, at the direction of The Commercial and Savings
Bank, to grant to the Beneficiary herein, any and all rights
which said Trustee has in the said fifty (50) foot right of
way established herein across Parcel B-1.
Advertisement required: Publication of notice of sale once
a week for two (2) successive weeks in any newspaper of general
circulation or published where the property is located. Said
sale may be held not less than eight (8) days following the first
advertisement nor more than thirty (30) days following the last
ladvertisement.
Insurance with extended coverage, required against fire and
other casualty, to the extent of the full insurable value.
It is mutually understood and agreed that in the event the
property which has been conveyed to the Trustees is advertised
1Ifor sale pursuant to the terms of this trust,
-3-
and prior to the
order of The Farmers and Merchants National Bank, at Winchester,
Virginia, in the principal sum of Two Hundred Thousand Dollars
($200,000.00), payable in one hundred eighty (180) monthly
installments, said monthly installments, including principal
and interest to begin six (6) months from date, with the specific
monthly installments, including principal and interest, payable
as set forth in the bond secured hereby; and to this end to
secure the indebtedness evidenced by said bond, in whatsoever
form it may hereafter assume, by renewal or renewals, in whole
or in part, by change of parties, makers, endorsers or otherwise,
until the full amount of said indebtedness has been fully paid
and discharged.
This deed is governed by and is to be read and construed
with reference to Chapter 4, Title 55 of the Code of Virginia,
(1950) and Acts of the General Assembly amendatory thereof in
force and effect as of the date hereof.
Exemptions waived,
Subject to all upon default.
Renewal or extension permitted,
Substitution of Trustees permitted.
The Grantors, by their signatures hereto, grant to the
(Beneficiary herein., a fifty (50) foot right of way from Frontage
Road II, to Parcel B-2 as shown on the plat which is attached
hereto, this right of way being a covenant real to run with the
herein described premises. It is the express intention of the
Grantors and the Beneficiary herein to establish the afore-
mentioned fifty (50) foot right of way for the purpose of
ingress and egress to Parcel B-2 in order that said property may
HARRISON d JOHNSTON
ATTORNEYS AT LAW be conveyed as a separate entity from Parcel B-1, the Beneficiary
WINCHESTER. VIRGINIA
THIS DEED OF TRUST, made this day of
1982, between James T. Wilson and Jessie S. Wilson, his wife,
of the first part, hereinafter called the Grantors; William A.
Johnston of Winchester, Virginia, and H. K. Benham, III and
Billy J. Tisinger of Clarke County, Virginia, Trustees, of the
second part, hereinafter called the Trustees; The Commercial and
Savings Bank, of the third part, and Billy J. Tisinger, Sole
Acting Trustee, of the fourth part.
WITNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00), cash in hand paid and other valuable consider-
ation, receipt whereof is hereby acknowledged, the Grantors do
grant and convey, with General Warranty and with English Covenants
of Title, unto the Trustees (any Trustee may act), in fee simple,
together with all rights, rights of way, privileges and
appurtenances thereto belonging, all of that certain parcel of
land, lying and being situated in Stonewall District, Frederick
County, Virginia, designated as Parcel B-2 on that certain plat
of H. Bruce Edens, Certified Land Surveyor, dated June 25, 1982
containing 2.500 acres, which plat is attached hereto and by this
reference made a part hereof; and being a portion of the same
property which was conveyed to the Grantors herein by deed from
Lenoir City Company of Virginia, a Virginia Corporation, dated
February 19, 1974, and recorded in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia in Deed Book 424,
at Page 832.
IN TRUST NEVERTHELESS, to secure the payment in full, both
principal and interest, of that certain negotiable bond, bearing
HARRISON S JOHNSTON 11
ATTORNEYS AT LAW even date herewith, executed by the Grantors, payable to the
WINCHESTER. VIRGINIA 11
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I HERE8Y CERTIFY THAT i
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ESTABLISHEI, 3Y THE VIRGINIA
'-.TF. IDARDS
"rf';E BOARD OF ARCHITECTS, PRO-
r; SSiONAL ENGINEERS, LAND SURVEYORS,
i-ERTIFIED LANDSCAPE ARCHITECTS.
AND
C.L.S.
WVINCHESTER, VIRGINIA
LOT DIVt40N
J I WILSOM
STONEWALL DISTRICT FREDERICK CO. VA.
SC.ALC --(" • 100' JUME M 1119Z
GICEENWAy EmG1NEERImG 4 Sultvaylwc. Co..
INC-.
WINGMEfTER, V1RAtNt1.
STATE OF VIRGINIA,
for the State and
, To -wit:
, a Notary Public in and
aforesaid, do certify that
, whose name as
of Farmers and Merchants National Bank, is signed to the
foregoing writing, bearing date on the day of
1982, personally appeared before me this
day in my said and in the name and on behalf of the
said Bank, acknowledged the said writing as the act and deed of
the said Bank, and made oath that he is of the
said Bank.
Given under my hand this
My commission expires
HARRISON S JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
Notary Public
HARRISON & JOHNST13N
ATTORNEYS AT LAW
WINGHESTER. VIRGINIA
Given under my hand this
My commission expires _
STATE OF VIRGINIA,
day of
Notary Public
, 1982.
OF To -wit:
I, , a Notary Public of and
for the State and aforesaid, do certify that Billy J.
Tisinger, Trustee, whose name is signed to the foregoing
writing, bearing date on the day of
1982, has acknowledged the same before me in my State and
aforesaid.
Given under my hand this day of 1982.
My commission expires
STATE OF VIRGINIA,
OF
. To -wit:
Notary Public
I, a Notary Public in and for
the State and aforesaid, do certify that
whose name as
of The Commercial and Savings Bank, is signed to the foregoing
writing, bearing date on the day of 1982,
personally appeared before me this day in my said
and in the name and on behalf of the said Bank, acknowledged the
said writing as the act and deed of the said Bank, and made oath
that he is of the said Bank.
Given under my hand this day of 1982.
My commission expires
- 3 -
otary Public
�1ARRISON d JOHNSTON
IATTORNEYS AT LAW
WINCHESTER. VIRGINIA
NOW THEREFORE WITNESSETH: That the Grantors do hereby
establish for the benefit of the Grantees, a fifty foot (50')
right of way, for ingress and egress from Frontage Road II
to Parcel B-2 as shown on said plat which shall constitute a
covenant real running with Parcel B-2 as shown on said plat.
C & S by its signature hereto, agrees and consents to the
establishment of said right of way as hereinbefore mentioned.
F & M by its signature hereto, agrees and consents to the
establishment of said right of way as hereinbefore mentioned.
WITNESS the following signatures and seals:
STATE OF VIRGINIA,
OF
I,
for the State and
(SEAL)
James T. Wilson
(SEAL)
Jessie S. Wilson
(SEAL)
Billy J. Tisinger, Trustee
THE COMMERCIAL AND SAVINGS BANK
FARMERS AND MERCHANTS NATIONAL BANK
By
To -wit:
, a Notary Public of an(
aforesaid, do certify that James
T. Wilson and Jessie S. Wilson, his wife, whose names are signed
to the foregoing writing, bearing date on the day of
, 1982, have acknowledged the same before me
in my State and
aforesaid,
- 2 -
I HARRISON a JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
tO �;,of�
THIS DEED TO ESTABLISH AN EASEMENT, made this day
of , 1982, between James T.Wilson and Jessie
S. Wilson, his wife, and Billy J. Tisinger, Trustee, hereinafter
called the Grantors; James T. Wilson and Jessie S. Wilson, his
wife, hereinafter called the Grantees; The Commercial and
Savings Bank, hereinafter called C & S, and Farmers and Merchants
National Bank, hereinafter called F & M.
WHEREAS, the Grantors are the owners of certain property
located in Frederick County, Virginia in Stonewall Industrial
Park designated Parcel B-1 and B-2 on that certain plat of
H. Bruce Edens, C.L.S., dated June 25, 1982, a copy of which is
attached hereto and made a part hereof, the said James T. Wilson
and Jessie S. Wilson, his wife, having acquiredthe land by deed
from Lenoir City Company of Virginia, a Virginia Corporation,
dated February 19, 1974 and recorded in the Office of the Clerk
of the Circuit Court of Frederick County, Virginia in Deed Book
424, at Page 832, the said Billy J. Tisinger, Trustee, having
acquired title to the land as a Trustee under that certain
deed of trust dated June 20, 1980 and recorded in the aforesaid
Clerk's Office in Deed Book 523, at Page 215; and,
WHEREAS, the pro as hereinbefore mentioned i,s a single
property
piece of property at present; and,
WHEREAS, it is the intention of the Grantors to subdivide
the parcels as indicated on the plat attached hereto and to
secure C & S for an existing loan on the property (which shall
apply only to Parcel B-1) and to secure a loan to be obtained
from F & M on Parcel B-2; and,
WHEREAS, the Grantors desire to create a right of way
fifty feet (50') in width for the purposes of ingress and
egress from Frontage Road II to Parcel B-2 across Parcel B-1
as shown on said plat.
h
qurintent Of Planning nn� 0
DIRECTOR
JOHN T. P. HORNE P. O. Box 601
DEPUTY DIRECTOR
9 COURT SQUARE
STEPHEN M. GYURISIN
WINCHESTER, VIRGINIA 22601
June 14, 1982
Mr. James Wilson
P.O. Box 2528
Winchester, Virginia 22601
Dear Mr. Wilson:
This letter is to confirm the action taken by the Frederick County
Planning Commission at their meeting of June 7, 1982, with regard
to your request for site plan approval.
The Planning Commission approved site plan request #008-82 of Jim
Wilson Land, zoned 14-1, in the Stonewall Magisterial District,
for the construction of a warehouse.
If you have any questions, please do not hesitate to contact this
office.
JTPH/rsa
Enc: Site Plan
703/662-4532
Sincerely,
L� T. J ` ��b�L'
ohn T. P. Horne
Planning Director