HomeMy WebLinkAbout19-82 Donald L & Judith Shade - Shawnee - BackfileDIRECTOR
JOHN T. P. HORNE
DEPUTY DIRECTOR
STEPHEN M. GYURISIN
January 3, 1983
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P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
Mr. Donald L. Shade
1307 Idylwood Drive
Winchester, Virginia 22601
!. Dear Mr. Shade:
This letter is to confirm the action taken by the Frederick County
Board of;_.a-aning Appeals at their meeting of December 21, 1982, with
regard- to your request for variance.
r
The Board of Zoning Appeals approved Variance Request #019-82 of
Donald L. Shade for a seven foot side yard variance for the
construction of an attached garage.
If you have any questions, please do not hesitate to contact this
office.
Sincerely,
?hn'T.'
P. Horne
Director
JTPH/ rsa
703/662-4532
P 337 725 621
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of
the article, leaving the receipt attached, and present the article at a post office service window or
hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on a return
receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space
permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested, check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry.
7 *GPO: 1980 331-003
P 337 725V.IED
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POSTMARK OR DATE
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of
the article, leaving the receipt attached, and present the article at a post office service window or
hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on a return
receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space
permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested, check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry.
7 *GPO: 1980331-003
P 337 725 61
RECEIPT FOR CERTIF ED AIL
NO INSURANCE COVERAGE PR VID —
NOT FOR INTERNATIONAL Al
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POSTMARK OR DATE
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of
the article, leaving the receipt attached, and present the article at a post office service window or
hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on a return
receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space
permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested, check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry.
7 GPO: 1980 331-003
P 337 725 613
RECEIPT FOR CERTIFIED M L
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
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POSTMARK OR DATE
STICK POSTAGE STAMPS TO A)ITICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of
the article, leaving the receipt attached, and present the article at a post office service window or
hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on a return
receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space
permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested, check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry.
7 GPO: 1980331-003
P 337 725 61
RECEIPT FOR CERTVVIDE
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NO INSURANCE COVERAGE NOT FOR INTE
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adjacent to number. COUNTY Of FRFCERIrK,, VIRGINIA
RETURN i P. 0. Box 601
TO Winchester; Virginia 22601
(Name of Sender)
(Street or P.O. Box)
(City, State, and ZIP Code)
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• SENDER: Complete items 1, 2, 3, and 4.
Add your address in the "RETURN TO" space
on reverse.
(CONSULT POSTMASTER FOR FEES)
1. ThefaHowing service is requested (check one).
Show to whom and date delivered ........» .....»» _ 0
❑ Show to whom, date, and address of delivery»
2. ❑ RESTRICTED DELIVERY _0
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otherwise ft to back of v*1e.
Endorse artlW'Return Receipt Requested'
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RETURN
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PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
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DePL Of Planning &
De01
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MUIYTy Of FREDER►CK, VIRGINIA
P. A. Box 601
Winchester, Virginia 22601
(Name of Sender)
(Street or P.O. Box)
(City, State, and ZIP Code)
• SENDER: Complete Items 1, 2, 3, and 4.
Add your address in the "RETURN TO" space
on reverse.
(CONSULT POSTMASTER FOR FEES)
1. The following service is requested (check one).
TShow
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to whom and date delivered...... ..............
❑ Show to whom, date, and address of delivery..
z. ❑ RESTRICTED DELIVERY —6'
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6. ADDRESSEE'S ADDRESS if
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Winchester Yr6lnie 22601
(Name of Sender)
(Street or P.O. Box)
(City, State, and ZIP Code)
• SENDER: Complete items 1, 2, 3, and a.
Add your address in the "RETURN TO" space
on reverse.
(CONSULT POSTMASTER FOR FEES)
t.;eh llowing service is requested (check one).
Show to whom and date delivered .................... —0
❑ Show to whom, date, and address of delivery.. —0
2. ❑ RESTRICTED DELIVERY —0
(The restricted delivery fee is charged in addition to
the return receipt fee.)
TOTAL S_
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Show to whom and date delivered .................... _d
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6. ADDRESSEE'S ADDRESS (Only if requested)
7. UNABLE TO DELIVER BECAUSE:
7a. EMPLOYEE'S
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UNITED STATES POSTAL SERVICE
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SENDER INSTRUCTIONS
Print your name, address, and MP06In the space below.
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DePt of Planning & Developmerfl
COUNTY OF FREDERICI , V►RGIM4
P. 0. Box Sol
Winchester, Virginia 22601
(Name of Sender)
(Street or P.O. Box)
I
(City, State, and ZIP Code)
Planning
FREDERICK COUNTY, VIRGINIA
P. O. BOX 601, 9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
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. Norman Wright
1315 Idylwood Drive
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DEC-7 82
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Winchester, Virginia 22601
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DIRECTOR
01
JOHN T. P. HORNE P. O. Box 9 COURT SQUARE
DEPUTY DIRECTOR
WINCHESTER, VIRGINIA 22601
STEPHEN M. GYURISIN
December 7, 1982
TO THE,APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Donald L. Shade
Variance Application For: A 7' corner lot side yard
variance for for an attached
two car garage.
This variance application will be considered by the
Frederick County Board of Zoning Appeals at their
meeting of December 21, 1982, at 3:30 p.m., in the Board
of Supervisors' Meeting Room, 9 Court Square,
Winchester, Virginia.
Any interested parties having questions or wishing to
speak, may attend this meeting.
JTPH/dll
Sincerely,
v
n T. P. Horne
Director
703/662-4532
01 c 99 a
Application #019-82
The application of Donald L. Shade requesting a 7' side yard
variance. This property is zoned R-3 (Residential -General) and is
designated as Tax Map 54H, Parcel 94, in the Shawnee Magisterial
District.
Background Information
The applicant wishes to construct an attached garage 28' from the
Village Road right-of-way. This requires a 7' side yard variance of
the R-3 (Residential -General) Zoning District regulations .for corner
lots. The R-3 zoning regulations call for a minimum of 35' for the
side yard facing the side street for both the main and accessory
buildings.
• 1 019-�-3-3
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application io. -g L7-- Submittal Deadline is
Application Dam Z For he eeti of
Fee Paid
1. The applicant is the (owner) V""� (other) (check one)
2. NAME: D(>1�tZ�L� G.. S� OCCUPANT: (If other than applicant)
ADDRESS: NAME:
7 5 r ADDRESS:
TELEPHONE: %p (p qp TELEPHONE:
3. The property is located at (please give exact direction )
` /`� ' lS _ L a /- * e nor- 7� -t %ice
-fie - -
4. The property has a frontage f le feet and a depth of
feet and consists of,42 , (Please be exact)
' , %�
5. The property is owned by�)e'qlul � ��tT% sLjezm evidenced by
deed from recorded in deed boo no. Y-J c,L
on page -4'*-/-, registry of the County of /`if
6. This property designated as parcel no. on tax map no.
4574H in the /-W�_ Magisterial District.
7. Property Identification Number: �Ier-101ie- I�t�ls
8. The existingzoning of the property is:
9 P P Y
9. The existing use of the property is: I-LLl�l�t
10. The adjoining properties zoning is:
1 1 . The adjoining properties land use is: 5-,dteA4t�
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
13. List specific reasons) why the variance is being sought in terms
of:
- exceptional narrowness, shallowness, size, or shape of a specific
piece of property, or
- exceptional topographic conditions or other extraordinary
situation or condition of such piece of property, or
- the use or development of property immediately adjacent thereto
O 1 q- &-a. -y
Page Two
Variance
14. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property for which the variance is being
sought. (Use additional pages if necessary). These people will be
notified by mail of this application.
Numbers Complete Mailing Address
NAMR Parrel Tax Man Street. Route. Box. Etc. Nos.
�� c . T
q0
' s- 70e-.
93
2z�c�
15. Additional comments, if any
I (we), the undersigned, do hereby respectfully agree to comply
with any conditions required by the Board of Zoning Appeals of the
County of Frederick, Virginia, and authorize the members of the Board of
Zoning Appeals or a representative of the County to go upon the
property for the purpose of making site inspections. I/we hereby
depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
9)Signature f A pl'cant:____
Date: ?S�
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
Approval Denial SECRETARY (signed ) avi
ZJ� ,
C) i C1 -&"�-6-
Page Three
Variance
Please use this page for your sketch of the property. Show proposed
and/or existing structures on property, including measurements to all
property lines. Please include any other exhibits, drawings or photo-
graphs with this application.
EXAMPLE
Adjoining Property YOUR PROPERTY Adjoining Property
T
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' Add
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CD
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-
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Property Line i
--Center of Rood -------
Rood
SHOW THESE MEASUREMENTS
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- /A-FmHA C
Form FmHA 427-1 VA REAL ESTATE DEED OF TRUST FOR VIRGINIA
(Rev. 5-10-74)
THIS DEED, made this day, .Tandy_ In. 1976
(Dated)
between Donald _L._MhA _mod Judith Ann Shade, his wi fn
residing in ___�4lS.t_ --_ County, Virginia, whose post office address
is 1307 Idylwood Drive, Winchester — , Virginia 22601
`* as grantor(s), herein called "Borrower," and Marion V. Baker
whose residence address isChesterfield--County, Virginia,
--------__—_�—�_
as trustee, herein called "Trustee," for the benefit of the United States of America, acting through the
Farmers Home Administration, United States Department of Agriculture, as beneficiary, herein called the
"Government,"
WITNESSETH THAT:
WHEREAS, Borrower is justly indebted to the Government as evidenced by one or more certain
promissory note(s) or assumption agreement(s), herein called "note" (if more than one note is described
below, the word "note" as used herein shall be construed as referring to each note singly or all notes
collectively, as the context may require), said note being executed by Borrower, being payable to the order
of the Government in installments as specified therein, authorizing acceleration of the entire indebtedness
at the option of the Government upon any default by Borrower, and being further described as follows:
Annual Rate Due Date of Final
Date of Instrument Principal flmount of Interest Installment
January 30, 1976 $27,400.00 8-1/8% January 30, 2008
The note evidences a loan to Borrower, and the Government, at any time, may assign the note and
insure the payment thereof pursuant to the Consolidated Farm and Rural Development Act, or Title V of
the Housing Act of 1949;
It is the purpose and intent of this instrument that, among other things, at all times when the note is
held by the Government, or in the event the Government should assign this instrument without insurance
of the note, this instrument shall secure payment of the note; but when the note is held by an insured
holder, this instrument shall not secure payment of the note or attach to the debt evidenced thereby, but
as to the note and such debt shall constitute an indemnity mortgage to secure the Government against loss
under its insurance contract by reason of any default by Borrower:
NOW, THEREFORE, in consideration of the loan(s) Borrower does hereby grant, bargain, sell, convey,
and assign unto trustee with general warranty the following -described property situated in the State of
Virginia, County(ies) of _— Frederick _
All of that certain lot or parcel of land situate a short distance East
of Winchester, in Shawnee Magisterial District, Frederick County,Virginia,
Just north of Senseny Road (Route 657), and designated as Lot No. 94 on
the plat of Section One, Heritage Hills Subdivision, made by J. R:Nicely,
C.L.S., dated February 23, 1973, and recorded with the Deed of Dedication
of Section One, Heritage Hills Subdivision, dated March 23, 1973, in the
Office of the Clerk of the Circuit Court of Frederick County, Virginia,
in Deed Book 409, at Page 197, and with the Corrected Deed of Dedication
of Section One, Heritage Hills Subdivision, datedd DD c e 22
FmHA �A�Rev. 170-14)in
T.
ti;e aforesaid Clerk's Office in Deed Book 424, at Page 497; and being
the same realty which was conveyed to the Grantors herein by deed of
John R. Gregory, T/A The Rouss Co., and Jane L. Gregory, his wife, dated
the%) 7'Nday of ,_ �z�-,u�t�. , 1976, and of record in said Clerk's Office in
Deed Book t'< , as Instrument No. (,
Subject, however, to all valid outstanding` easements, rights of way,
minera h lFas �s, ineral reseryati�Qns, and mineral conveyances of record,
toge ter wi a ng s, m erests, easements, ere itaments and appurtenances thereunto belonging, the
rents, issues, and profits thereof and revenues and income therefrom, all improvements and personal
property now or later attached thereto or reasonably necessary to the use thereof, including, but not
limited to, ranges, refrigerators, clothes washers, clothes dryers, or carpeting purchased or financed in
whole or in part with loan funds, all water, water rights, and water stock pertaining thereto, and all
`^ = payments at any time owing to Borrower by virtue of any sale, lease, transfer, conveyance or condemnation
of any part thereof or interest therein -all of which are herein called "the property";
IN TRUST, NEVERTHELESS, (a) at all times when the note is held by the Government, or in the
event the Government should assign this instrument without insurance of the payment of the note, to
secure prompt payment of the note and any renewals and extensions thereof and any agreements contained
therein, including any provision for the payment of an insurance or other charge, (b) at all times when the
note is held by an insured holder, to secure performance of Borrower's agreement herein to indemnify and
save harmless the Government against loss under its insurance contract by reason of any default by
Borrower. and (c) in any event and at all times to secure the prompt payment of all advances and expendi-
tures made by the Government, with interest, as hereinafter described, and the performance of every
• covenant and agreement of Borrower contained herein or in any supplementary agreement.
BORROWER for himself, his heirs, executors, administrators, successors, and assigns COVENANTS
AND AGREES as follows:
(1) To pay promptly when due any indebtedness to the Government hereby secured and to indemnify
and save harmless the Government against any loss under its insurance of payment of the note by reason of
any default by Borrower. At all times when the note is held by an insured holder, Borrower shall continue
to mike payments on the note to the Government, as collection agent for the holder.
(2) To pay to the Government such fees and other charges as may now or hereafter be required by
regulations of the Farmers Home Administration, and to pay or reimburse the Government or Trustee for
all of Trustee's fees, costs and expenses in connection with any full or partial release or subordination of
this instrument or any other transaction affecting the property.
(3) If required by the Government, to make additional monthly payments of 1/12 of the estima-
ted annual taxes. assessments, insurance premiums and other charges upon the mortgaged premises.
(4) Whether or not the note is insured by the Government, the Government may at any time pay any
other amounts required herein to be paid by Borrower and not paid by him when due, as well as any cost
and expenses for the preservation, protection, or enforcement of this lien, as advances for the account of
Borrower. All such advances shall bear interest at the rate borne by the note which has the highest interest
rate.
(5) All advances by the Government as described in this instrument, with interest, shall be immedi-
ately due and payable by Borrower to the Government without demand at the place designated in the
latest note and shall be secured hereby. No such advance by the Government shall relieve Borrower from
breach of his covenant to pay. Any payment made by Borrower may be applied on the note or any
indebtedness to the Government secured hereby, in any order the Government determines.
(6) To use the loan evidenced by the note solely for purposes authorized by the Government.
(7) To pay when due all taxes, liens, judgments, encumbrances, and assessments lawfully attaching to
or assessed against the property, including all charges and assessments in connection with water, water
rights, and water stock pertaining to or reasonably necessary to the use of the real property described
above, and promptly deliver to the Government without demand receipts evidencing such payments.
(8) To keep the property insured as required by and under insurance policies approved by, delivered
to, and retained by the Government.
___ J
(9) To maintain improvements in good repair and make repairs required by the Government; operate
he property in a good and husbandmanlike manner; comply with such farm conservation practices and
farm and home management plans as the Government from time to time may prescribe; and not to
abandon the property, or cause or permit waste, lessening or impairment of the security covered hereby, or,
without the written consent of the Government, cut, remove, or lease any timber, gravel, oil, gas, coal, or
other minerals except as may be necessary for ordinary domestic purposes.
(10) To comply with all laws, ordinances, and regulations affecting the property.
(11) To pay or reimburse the Government for expenses reasonably necessary or incidental to the
protection of the lien and priority hereof and to the enforcement of or the compliance with the provisions
hereof and of the note and any supplementary agreement (whether before or after default), including but
not limited to costs of evidence of title to and survey of the property, costs of recording this and other
ate.. instruments, attorneys' fees, trustees' fees, court costs, and expenses of advertising, selling, and conveying
the property.
(12) Neither the property or any portion thereof or interest therein shall be leased, assigned, sold,
transferred, or encumbered, voluntarily or otherwise, without the written consent of the Government.
The Government shall have the sole and exclusive rights as beneficiary hereunder, including but not limited
to the power to grant consents, partial releases, subordinations, and satisfaction, and no insured holder shall
have any right, title or interest in or to the lien or any benefits hereof.
(13) At all reasonable times the Government and its agents may inspect the property to ascertain
whether the covenants and agreements contained herein or in any supplementary agreement are being
performed.
(14) The Government may extend and defer the maturity of and renew and reamortize the debt
evidenced by the note or any indebtedness to the Government secured hereby, release from liability to the
Government any party so liable thereon, release portions of the property from and subordinate the lien
hereof, and waive any other rights, hereunder, without affecting the lien or priority hereof or the liability to
the Government of Borrower or any other party for payment of the note or indebtedness secured hereby
except as specified by the Government in writing.
(15) The power to appoint a substitute trustee is hereby granted to the Government and its assigns,
to be exercised at any time hereafter, without notice and without specifying any reason therefor, by filing
for record in the office where this instrument is recorded an instrument of appointment, whereupon the
substitute trustee shall succeed to all the estates, rights, powers, and trusts herein granted to or vested in
Trustee, and the former trustee or substitute trustee shall be divested thereof; and notice of the exercise of
this power and any requirement of, or right to require, a bond from any trustee hereunder, are hereby
waived.
(16) If at any time it shall appear to the Government that Borrower may be able to obtain a loan
from a production credit association, a Federal land bank, or other responsible cooperative or private
credit source, at reasonable rates and terms for loans for similar purposes and periods of time, Borrower
will, upon the Government's request, apply for and accept such loan in sufficient amount to pay the note
and any indebtedness secured hereby and to pay for any stock necessary to be purchased in a cooperative
lending agency in connection with such loan.
(17) Default hereunder shall constitute default under any other real estate, or under any personal
'property or other, security instrument held or insured by the Government and executed or assumed by
Borrower, and default under any such other security instrument shall constitute default hereunder.
(18) SHOULD DEFAULT occur in the performance or discharge of any obligation in this instrument
or secured by this instrument, or should any one of the parties named as Borrower die or be declared an
incompetent, a bankrupt, or an insolvent, or make an assignment for the benefit of creditors, the Govern-
ment, at its option, with or without notice, may: (a) declare the entire amount unpaid under the note and
any indebtedness to the Government hereby secured immediately due and payable, (b) for the account of
Borrower incur and pay reasonable expenses for repair or maintenance of and take possession of, operate
or rent the property, (c) upon application by it and production of this instrument, without other evidence
and without notice of hearing of said application, have a receiver appointed for the property, with the
usual powers of receivers in like cases, and (d) authorize and request Trustee to foreclose this instrument
and sell the property as provided by law.
(19) At the request of the Government, Trustee may foreclose this instrument by advertisement and
sale of the property as provided by law, for cash or secured credit at the option of the Government,
personal notice of which sale need not be served on Borrower; such sale may be adjourned from time to
time without other notice than oral proclamation at the time and place appointed for such sale and
correction made on the posted notices; and at such sale the Government and its agents may bid and
purchase as a stranger; Trustee at his option may conduct such sale without being personally present,
through his delegate authorized by him for such purpose orally or in writing, and Trustee's execution of a
conveyance of the property or any part thereof to any purchaser at foreclosure sale shall be conclusive
evidence that the sale was conducted by Trustee personally or through his delegate duly authorized in
accordance herewith.
(20) The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a)
costs and expenses incident to enforcing or complying with the provisions hereof, (b) any prior liens
required by law or a competent court to be so paid, (c) the debt evidenced by the note and all indebtedness
to the Government secured hereby, (d) inferior liens of record required by law or a competent court to be
so paid, (e) at the Government's option, any other indebtedness of Borrower owing to or insured by the
Government, and (f) any balance to Borrower. In case the Government is the successful bidder at fore-
closure or other sale of all or any part of the property, the Government may pay its share of the purchase
price by crediting such amount on any debts of Borrower owing to or insured by the Government, in the
order prescribed above.
(21) All powers and agencies granted in this instrument are coupled with an interest and are irrevo-
cable by death or otherwise; and the rights and remedies provided in this instrument are cumulative to
remedies provided by law.
(22) Borrower recognizes that, pursuant to Federal law, the Government will not be bound by any
present or future State laws, (a) providing for valuation, appraisal, homestead or exemption of the property,
(b) prohibiting maintenance of an action for a deficiency judgment or limiting the amount thereof or the
time within which such action must be brought,(c) prescribing any other statute of limitations,(d) allowing
any right of redemption or possession following any foreclosure sale, or (e) limiting the conditions which
the Government may by regulation impose, including the interest rate it may charge, as a condition of
approving a transfer of the property to a new Borrower. Borrower expressly waives the benefit of any such
State laws. Borrower hereby relinquishes, waives, and conveys all rights, inchoate or consummate, of
descent, dower, and curtesy.
(23) If any part of the loan for which this instrument is given shall be used to finance the purchase,
construction or repair of property to be used as an owner -occupied dwelling (herein called "the dwelling")
and if Borrower intends to sell or rent the dwelling and has obtained the Government's consent to do so (a)
neither Borrower nor anyone authorized to act for him, will, after receipt of a bona fide offer, refuse to
negotiate for the sale or rental of the dwelling or will otherwise make unavailable or deny the dwelling to
anyone because of race, color, religion or national origin, and (b) Borrower recognizes as illegal and hereby
disclaims, and will not comply with or attempt to enforce any restrictive covenants on dwelling relating to
race, color, religion, or national origin.
(24) This instrument shall be subject to the present regulations of the Farmers Home Administration,
and to its future regulations not inconsistent with the express provisions hereof.
(25) Notices given hereunder shall be sent by certified mail, unless otherwise required by law,
addressed, unless and until some other address is designated in a notice so given, in the case of the
Government to Farmers Home Administration, United States Department of Agriculture, at Richmond,
Virginia 23240, and in the case of Borrower to him at his post office address stated above.
(26) If any provision of this instrument or application thereof to any person or circumstances is held
invalid, such invalidity will not affect other provisions or applications of the instrument which can be given
effect without the invalid provision or application, and to that end the provisions hereof are declared to be
severable.
WITNESS the hand(s) and seal(s) of Borrower s/ Donald L. Shade
the day and year first above written. ------ - --- - ----------------- (SEAL)
Donald L. Shade
s/ Judith Ann Shade
----- Judith--Aan--S-ham-------------------------- (SEAL)
ACKNOWLEDGMENT
tit!
T=ZRZCK
t udY !!.. Carrigan .�-. a Not Public for the county and State aforesaid, do certify
r Donald L. Shade
etut..---....._......._.......... ...._...... ........ ........ ........ ............ ....... ....... ........ _.... .... .._._-._.-............_........................
Judith Ann Shade
and........................................................-................................--------......-._-----------..._.......-........... , his wife,
whose names are signed to the writing above, bearing date on the .. 30th day of ---_ January---------
19.76.... , acknowledged the same before me in my county aforesaid.
Given under my hand and official seal this 30th day of January 1976
My term of office as Notary expires: _________Sept . - 10_t---19 7 8
----
---------------- --------
Notary Public
STATE OF VIRGINIA
Zr'REDERICK
COUNTY OF -- - - -----------------------------------------
In the Clerk's office of ___faCircuit Court, Frederick County, at-_____..__P_ M.,
on this ____�' hday of _- R! ______________________ _ 19� , this deed was presented properly stamped
and together with the certific e annexedmitted to record.
-
4k
Teste - - e-Lc�- rk ---------
Cle
Xreb irk c1lountu
DIRECTOR P. 0. BOX 601
JOHN T. P. HORNE 9 COURT SQUARE
DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601
STEPHEN M. GYURISIN
December 7, 1982"
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Donald L. Shade .
Variance Application For: A 7' corner lot side yard
variance for for an attached
two car garage.
This variance application will be considered by the
Frederick County Board of Zoning Appeals at their
meeting of December 21, 1982, at 3:30 p.m., in the Board
of Supervisors' Meeting Room, 9 Court Square,
Winchester, Virginia.
Any interested parties having questions or wishing to
speak, may attend this meeting.
JTPH/dll
I
Sincerely,,
P
hn T. P. Horne
Director
703/662-4532
5