HomeMy WebLinkAboutChristopher Craft - Stonewall - BackfileMel
Imo'. GU F
MA
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
MEMORANDUM I
Cheryl Owings, Finance Department
Carol I. Huff, BZA Secretary 64 blzw
Refund of Application Fees
DATE: May 30, 2002
Please issue a refund check payable to Mr. Christopher Craft in the amount of $300.00
Copies of receipt #002632 and Mr. Craft's withdrawal letter are attached. The money was deposited
under the following line items:
$ 300.00 - #GF1303-07 (Finance) and #ZASP (Treasurer's Code)
[Variance application fees]
The refund check includes a $50 sign deposit, as Mr. Craft has returned the public hearing sign.
Please send the $300.00 refund check to:
Mr. Christopher Craft
117 Country Lane
Clearbrook, VA 22624
Thank you.
Attachments
cc: Renee' S. Arlotta
Karen Cain
UACard\Common\BZA\Refund_Ed Dovempd
107 North Kent Street • Wincheste&.Y.I nia 22601-5000
u
May 30, 2002
Patrick Davenport, Zoning & Subdivision Administrator
Frederick County Planning Department
107 North Kent Street
Winchester, VA 22601
Dear Mr. Davenport:
As of today, Thursday, May 30, 2002, I am withdrawing my variance application that I submitted
to you this month. I am also returning the public hearing sign this day also. Please refund the
deposit I paid the County for the use of the sign and the application fees that I paid. Thank you.
Sincerely,
A - 0'VY—
Christopher Craft
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Page I of 5 APPLICATION FOR VARIANCE
IN THE MAY ( Z002
COUNTY OF FREDERICK, VIRGINIA
DEPT
MUST BE TYPED OR FILLED OUT IN INR - PLEASE PRINT
1. The applicant is the owner other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: chr,,546r CreA
ADDRESS It I cou4tr j
l
TELEPHONE: (I
NAME:
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
fb Qt 0 Z E fo Co v-i ti 'W L N
4. The property has a road frontage of jb. r feet and a depth
of 4(6.4 Z feet and consists of -217 acres. (please be
exact)
5. The property is owned by (1165k1 r * X44fq CCJ
as evidenced by deed from recorded
(previo s. gwner)
in deed book no. ;,r . on page of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
Page 2 of 5
6. Magisterial District: 41we upv/(
7. wit Property Identification No.:
8. The existing zoning of.the.property is:. RUI,,
9. The existing use of the property is: ( (UV4 e-
10. Adjoining Property:
USE ZON(I�NG
North �� 6 � � '` L) V,
East
South W wM 9-
West L- 001 V
11. Describe the variance sought -in terms of distance and type.
(For example: "A.3.50 rear yard variance for an attached two
car garage.") 53a rr q/,P ti G'✓id
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12. List specific reason(.$)_ why the.variance.is being sought in -
terms of:
exceptional narrowness, shallowness, size or shape of
property, or
exceptional topographic conditions or other extraordinary
situation or condition of property, or
the use or development of property immediately adjacent
thereto l ii �a
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13. Additional comments, if any
page 3 of 5
14. The following names and addresses are all of the individuals, firms, or corporations owning
property adjacent to the property for which the variance is being sought, including properties at the
sides, rear and in front of (across street from) the subject property. (Use additional pages if
necessary.) These people will be notifd by mail of this application: Cj� ,CO"L„Vfe y "r)
n 17,".--` ry n/ V
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Property ID# 3
NAME
Property ID# ✓4.
NAME
Property IN 3
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Property ID#
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Property ID# :�� "A - t'�'O-A
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property IN
Address
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Address
Address
Address
NAME Address
Property ID#
RECEIVED
MAY 1 2002.
Page 4 of 5
DEPT OF PLANNING 'CEVr:TPVENI
Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on
the property, including measurements to all property lines and to the nearest structure(s) on adjoining
include any other exhibits, drawings or photographs with this application.
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Page 5 of S
AGREEMENT
VARIANCE #
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County
Zoning Ordinance as described herein. I agree to comply with any conditions for the variance
required by -the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the property
for site inspection purposes.
I understand that the.sign issued to me when this application is submitted must be placed at
..the front property. fine at,least seven.(7) days prior to the BZA public:hearing-and:maintained so as
to be visible from the road or right-of-way until the hearing.
I hereby certify that all of the statements and information contained herein are, to the best of
my knowledge, true.
SIGNATURE OF APPLICANT 6W, h DATE 2(7
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY-
17:rM
BZA PUBLIC HEARING OF ACTION:
- DATE -
APPROVAL SIGNED•
BZA CHAIRMAN
DENIAL DATE:
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DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on March 3, 1993
The grantor is BARBARA JEAN CRAFT and CHRISTOPHER ALAN CRAFT, her husband,
THOMAS B. THROCKMORTON ("Borrower"). The trustee is
of Winchester , Virginia, and BENJAMIN M. BUTLER of Winchester
Virginia, trustees (any one of whom may act and who are referred to as "Trustee"). The beneficiary is
JEFFERSON NATIONAL BANK ,
which is organized and existing under the laws of the United States , and whose address is
202 North Loudoun Street, Winchester, Virginia 22601
("Lender"). Borrower owes Lender the principal sum of
FIFTY—THREE THOUSAND, FIVE HUNDRED AND 00/100 ------------------------
Dollars (U.S. $ 53, 500. 00 ). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable, on
APRIL 1, 2023 . This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other
sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of
Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably
grants and conveys to Trustee, in trust, with power of sale, the following described property located in
FREDERICK COUNTY , Virginia:
SEE SCHEDULE A, ATTACHED
which has the address of 117 Country Lane
(Street]
Virginia 22624 [Zip Code] ("Property Address");
VIRGINIA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
ITEM 1980 (9012)
Clearbrook
[City]
Form 3047 9/90 (pare / of 6 pages)
Great lakes Business Forms, Inc. ■
To Order Call: 1.800-530.9393 0 FAX 616-791-1131
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and
will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly
taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold
payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood
insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to
Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These
items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real
Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another
law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to
exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits
Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real
estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an
agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or
earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the
purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by
this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by
Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in
such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the
deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under
paragraph 2: third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower
shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on
time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under
this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing
the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the
lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien
to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority
over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take
one or more of the actions set forth above within 10 days of the giving of notice.
Form 3047 9/90 (page 2 of 6 pages)
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including
floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the
periods that Lender requires. The insurance carrier `providing the insurance shall be chosen by Borrower subject to Lender's
approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at
Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts
of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of
the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore
the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when
the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs l and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after
the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at
least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall
be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment
could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or
Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action
or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's
interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security
interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or
inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with
the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the
Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions
of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then
Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property.
Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing
in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action
under this paragraph 7. Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage
insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to
Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the
insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu
of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance
ITEM 19Bo (9012) Form 3047 9/90 (page. of6 pines)
coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes
available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a
loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower
and Lender or applicable law,
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing,
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following
fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the
Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the
Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums
secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law
otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are
then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender
shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a
waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower 'who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear
or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers
consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection
with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce
the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a
direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law.requires use of another method. The notice shall be directed to the Property
Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class
mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for
in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this
paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can
be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are
declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
Form 3047 9/90 (page 4 of*h pages)
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in
it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of
the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of
not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably
require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the
sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security
Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
( known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also
may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice
will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will
also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory
authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower
shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive. materials. As
used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located
that relate to health, safety or environmental protection.
NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17
unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be
cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of
the sums secured by this Security Instrument and sale -of the Property. The notice shall further inform Borrower of
the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or
any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in
the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
without further demand and may invoke the power of sale and any other remedies permitted by applicable law.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,
including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender or Trustee shall give to Borrower (and the owner of the Property, if a
different person) notice of sale in the manner prescribed by applicable law. Trustee shall give public notice of sale by
advertising, in accordance with applicable law, once a week for two successive weeks in a newspaper having general
circulation in the county or city in which any part of the Property is located, and by such additional or any different
form of advertisement the Trustee deems advisable. Trustee may sell the Property on the eighth day after the first
advertisement or any day thereafter, but not later than 30 days following the last advertisement. Trustee, without
demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under
Form 3047 9/90 (page 5 of 6 pages)
the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may
postpone sale of all or any parcel of the Property by advertising in accordance with applicable law. Lender or its
designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property with special warranty of title. The
recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall
apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to,
Trustee's fees of 5.00 % of the gross sale price and reasonable attorneys' fees; (b) to the discharge of all
taxes, levies and assessments on the Property, if any, as provided by applicable law; (c) to all sums secured by this
Security Instrument; and (d) any excess to the person or persons legally entitled to it. Trustee shall not be required to
take possession of the Property prior to the sale thereof or to deliver possession of the Property to the purchaser at the
sale.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to release this
Security Instrument and shall surrender all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall
release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs.
23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to
any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title,
power and duties conferred upon Trustee herein and by applicable law.
24. Identification of Note. The Note is identified by a certificate on the Note executed by any Notary Public who
certifies an acknowledgment hereto.
25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall'be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
Adjustable Rate Rider Condominium Rider 1-4 Family Rider
Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider
Balloon Rider Rate Improvement Rider Second Home Rider .
Other(s) [specify]
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 CONVEYED.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument
and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
BARBARA JEAN CRAFT
Social Security Number
CHRISTOPHER ALAN CRAFT
Social Security Number
STATE OF VIRGINIA, CITY OF WINCHESTER ( xa' ss:
The foregoing instrument was acknowledged before me this 3 r d day of March, 1993
(date)
by BARBARA JEAN CRAFT and CHRISTOPHER ALAN CRAFT
(person acknowledging)
My Commission expires:
_ (Seal)
Borrower
(Seal)
-Borrower
Notary Public
Form 3047 9/90 (page 6 of 6 pages)
SCHEDULE A
PROPERTY DESCRIPTION
All of that certain lot or parcel of land, together with the
improvements thereon and the appurtenances thereunto belonging,
containing 0.927 acre, located on the Southwest side of Route No.
672, in Stonewall Magisterial District, Frederick County,
Virginia, and more particularly described by survey drawn by
Thomas A. Shockey, L.S., dated February 22, 1993, attached hereto
and by this reference made a part hereof as if set out in full;
and being the same property conveyed to Barbara Jean Craft and
Christopher Alan Craft, her husband, by deed of gift dated the
3rd day of March, 1993, from Barbara J. Craft, of record in the
Clerk's Office of the Circuit Court of Frederick County, Virginia
immediately preceding this deed of trust.