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HomeMy WebLinkAbout06-07 DeedWHEREAS, by Deed dated December 15 2006 by Angela M. Tucker, his wife, as Grantors and Nort Frederick Pike and, Page 1 of 4 THIS a ,t' a ON made and dated as of the 15 day of x �CKER and ANGELA M. TUCKER, his wife; led the Grantors, and LORI ROBERTS, Trustee of FREDERICK PIKE PRESERVATION TRUST, a Virginia Land Trust unde Code of Virginia, 1950, as amended, party of the second part, hereinafter called the RECITALS: trust, and which Deed failed to name the Trustee of said Trust and which Deed is of record th Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 06- 002345t WHEREAS, it is the desire of the parties to correct said Deed to provide for the Trustee of the North Frederick Pike Preservation Trust to acquire the title. NOW, THEREOFRE, in consideration of the benefits to accrue thereby and other good valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English Covenants of title unto Lori Roberts, Trustee of the North Frederick Pike Preservation Trust (Grantee), in fee simple absolute; all of the following described tract or parcel of land: All of that certain tract or parcel of land, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, containing 1.4201 acres as shown on the plat of survey drawn by Christopher D. Furstenau, L.S., dated October 3, 2006, attached to Instrument in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as No. 06- 0021940, and which is by this reference made a part hereof as if set out in full; AND BEING the same land conveyed to Thomas W. Tucker and Angela M. Tucker, his wife, by Instrument Nos. of record in the aforesaid Clerk's Office, as follows: 05- 0028149, 05- 0028150, 06- 0017141, and 06- 0017142. Page 2 of 4 The Trustee of the North Frederick Pike Preservation Trust joins in the execution of is Deed to acknowledge correction of the aforesaid Deed as set forth in the recitals hereinabove set forth. Full power and authority is hereby granted to the Trustees and their successors to protect and conserve the Property; to sell, contract to sell and grant options to purchase the Property and any right, title or interest therein on any terms; to exchange the Property or any part thereof for any other real or personal property upon any terms; to convey Property by Deed or other cometsyarrue to any grantee, with or without consideration; to mortgage, execute a Deed of Trust on, pledge or otherwise encumber the Property or any part thereof; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on the Property or any part thereof from time to time, for any period of time, for any rental and upon any other terms and conditions; and to release, convey or assign any other right, title or interest whatsoever in the Property or any part thereof. No party dealing with the Trustees in relation to the Property in any manner whatsoever, and (without limiting the foregoing) no party to whom the Property or any part thereof or any interest therein shall be conveyed, contracted to be sole, leased or mortgaged by the trustees, shall be obliged (a) to see to the application of any purchase money, rent or money borrowed or otherwise advanced on the Property, (b) to see that the terms of the trust have been complied with, (c) inquire into the authority, necessity or expediency of any act of Trustees, or (d) be privileged to inquire into any of the terms of the Trust Agreement creating said trust. Every Deed, mortgage, lease or other instrument executed by the Trustees in relation to the Property shall be conclusive evidence in favor of every person claiming any right, title or interest thereunder; (e) that at the time of the delivery thereof the said trust was in full force and effect, (f) that such instrument was executed in accordance with the trust, terms and conditions thereof as it may have been amended from time to time and of the said Trust Agreement and is binding upon all beneficiaries thereunder, (g) that the Trustees were dully authorized and empowered to execute and deliver every such instrument, and (h) if a conveyance has been made to a successor to successors in trust, that such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of its, his or their predecessor in trust. The Trustees shall have no individual liability or obligation whatsoever arising from Trustees' ownership as Trustees of the legal title to the Property, or with respect to any act done or contract entered into or indebtedness incurred by said Trustees in dealing with said Property or in otherwise acting as Trustees, except only so far as said Property and any trust funds in the actual possession of the Trustees shall be applicable to the payment and discharge thereof. The interest of every beneficiary under the Trust Agreement and of all persons claiming under any of them shall be only in the earnings, avails, and proceeds arising from the rental, sale or other disposition of the Property. Such interest is hereby declared to be personal property, and no beneficiary hereunder shall nave any right, title, or interest, legal or equitable, in or to the Property, as such, but only in the earnings, avails and proceeds thereof as provided in the Trust Agreement. This Deed is governed by and is to be read and construed with reference to Section 55 -17.1 of the Code of Virginia, 1950, as amended, and in force. This conveyance is made subject to all easements, conditions and 'restrictions of record insofar as they lawfully affect the Property. WITNESS the following signatures and seals. THOMAS W. TUCKER t� (A; (Ct-` ,tfASEAI ANGEL M. TUCKER NORTH FRE ERICK PIKE PRESERVATION TRUST B (SEAL) 1 L oberts, i rustee Page 3 of 4 (SEAL) op. SC OF VIRGINIA CITY OF WINCHESTER, TO -WIT Ayntt e ark a Notary Public in and for the State and jurisdiction oresaid, do hereby certify that Thomas W. Tucker and Angela M. Tucker, his wife, whose names are signed to the foregoing DEED OF CORRECTION dated the 15th day of December, 2006, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this /(,,t day of Is&2uat 2007. My Commission expires STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT ARY PUBLIC 0 0 co J I, Mt& _R L Mari a Notary Public in and for the State and jurisdiction aforesaid, do here. ify that Lori Roberts, Trustee of the North Frederick Pike Preservation Trust, whose name is signed to the foregoing DEED OF CORRECTION dated the 15th day of December, 2006, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. 1 Given under my hand thisc2( _k day of ,h. 2007. My Commission expires I— 3 -Q() n 12582 N Fred Pike A: \Deed of Covection.doc UBLIC NOTA o t •t c 4.) I a1 t. 9 7 A :1 t