foreclosure sale of valuable real estate at public auction sale on

Transcription

FORECLOSURE SALE OF VALUABLE REAL ESTATE
AT PUBLIC AUCTION
11 LOTS IN CHARLESTON PARK, WAYNESBORO, VIRGINIA
CHARLESTON PARK 40-3 (T.M. NO. 786151): 15,626±squar e feet
CHARLESTON PARK 18-3 (T.M. NO. 786129): 13,492±square feet
CHARLESTON PARK 20-3 (T.M. NO. 786131): 10,369± square feet
SALE ON WEDNESDAY, JANUARY 23,2013 AT 1:00 P.M.
SALE AT THE CITY OF WAYNESBORO CIRCUIT COURTHOUSE
LOCATED AT 250 SOUTH WAYNE AVENUE, WAYNESBORO,
VIRGINIA
100 1o tn Street, NE
Suite 300
Charlottesville, Vi rginia 22902
LENHART
OBENSHAIN
Phone: (434) 220-6100
Facsimile: (434) 220-6102
www.lolawfirm.com
Direct: (434) 220-6108
nrs@lolawfirm.com
NANCY R. SC HLIC HTfNG
Attorney at Law
December 13, 20 12
Dear Sir/Madam:
I enclose a copy of the sale ad regardi ng property for which we wil l be conducting a foreclosure sale
at public a uction on W E DNESDAY, Janua ry 23, 2013, at 1:00 p.m., on the front steps of the City of
Waynesboro C ircuit Cour thouse loca ted a t 250 South Wayne Avenue. Wavnesboro, Virginia . If you or
your clients are interested in viewing the property, please call us for an appointment.
I do not know what the foreclosure sale price fo r this property wil l be, since it wi ll be a sale at public
auction. The 20 12 Ci ty of Waynesboro tax assessed va lues for each lot are as fo llows:
CHARLESTON P ARK 40-3 (T.M . NO. 786151):
CHARLESTON PARK 18-3 (T.M. NO. 786129):
C HARLESTON P ARK 20-3 (T .M. NO. 786131):
CHARLESTON PARK 18-2 (T.M . NO. 785945):
CHARLESTON PARK 25-2 (T .M. NO. 785952):
CHARLESTON P ARK 34-2 (T.M. NO. 785961):
CHARLESTON PARK 24-2 (T. M. NO. 785951):
C HARLESTON PARK 28-3 (T.M. NO. 786139):
$60,000
$50,000
$45,000
$50,000
$50,000
$50,000
$50,000
$50,000
$50,000
$50,000
$40,000
In my opinion. one of the reasons why foreclosure sales typically do not bring as much as traditional
listed sales of property is that the property is not marketed by the local real estate broker and sa les agent
community because, of course, usually the local real estate brokers and sales agents have no fi nancial incentive
to do so.
In an effort to change that, as Trustee I am paying a commission of two percent (2% ) to the real
estate broker or sa les agent who identifies the successful bidder at sale. In other words, if you notify me in
writing of the name o f " your buyer" by 9:00 a.m. on Wednesday, January 23 . 20 13. and the bidder identified
by you turns out to be the successful bidder at sale (and c loses, of course), I will pay yo u a comm ission of 2%
of the gross proceeds of sale. (As is usua l in these cases, "yo ur buyer" has to be someone who has not been
previously identified by another broker or agent).
Please visit the " Foreclosure" link at our website (www.len hartobcnshai n.com or
http://lenhartobenshai n.weeblv.com) for further details regarding this sale and othe r sales that are being
handled by this fi rm.
Very truly yours,
1uJ!A~
Nancy R. Schlichting
N RS:Img
Enclosure
C harlottesville • Harrisonburg
TABLE OF CONTENTS
1.
Plat
2.
Realtor Representation Form
3.
Sale Ad: Terms of Sale
4.
Source Deeds
5.
Current Deeds of Trust
6.
Sample Foreclosure Auction Contract
Lenhart Obenshain PC
100 lOth Street, N.E.
Suite 300
Charlottesville, VA 22902
Telephone: (434) 220-6108
Fax: (434) 220-6102
nrs@lolawfirm.com
Phase 2
Phase 3
REALTOR REPRESENTATION FORM
Must be received by Trustee by 9:00a.m. on Wednesday, January 23, 2013.
REMIT TO:
DATErriME OF AUCTION:
Nancy R. Schlichting, Substitute Trustee
FAX: (434) 220-6102
Email: nrs@lolawfirm.com
January 23, 2013, 1:00 P.M.
PROPERTY DESCRIPTIONS: Tax Map Nos. 786151,786129, 786131 , 785945,785954,785955,785953,
785952,785961,785951 ,786139
PROSPECTIVE BUYER NAME:
PROSPECTIVE BUYER ADDRESS:
PROSPECTIVE BUYER PHONE NO.:
This shall serve as written notice to register the named Prospective Buyer with the Substitute Trustee with
respect to the above referenced property to be sold at Public Auction on the stated date.
It is understood and agreed that the realtor commission of two percent (2%) of the purchase price will be
governed in accordance with certain Terms: (a) this Form is properly completed and timely submitted; (b)
the Prospective Buyer named is the highest bidder at the auction sale; (c) the Prospective Buyer executes
a Contract of Sale and closes on the sale of the subject property in accordance with the terms of the
Contract of Sale; and (d) the Prospective Buyer has not been identified previously by another Realtor. In
order to be effective, all Realtor Representation Forms must be received by the Substitute Trustee on or
before 9:00a.m. on Wednesday, January 23, 2013.
ACCEPTED:
Date
Realtor Signature
Realtor Name (Printed)
Realtor License No.
Realtor Phone No.
Realtor Email
Prospective Buyer Signature
RECEIVED BY SUBSTITUTE TRUSTEE:
By: ------------------------------
Date
FORECLOSURE SALE OF VALUABLE REAL ESTATE
AT PUBLIC AUCTION
Phase 2
Phase 3
Waynesbor·o County Tax Map Nos.: 786151,786129,786131,785945,785954, 785955,
785953,785952,785961,785951,AND786139
SALE ON WEDNESDAY, JANUARY 23, 2013 AT 1:00 P.M.
SALE AT THE CITY OF WAYNESBORO CIRCUIT COURTHOUSE
LOCATED AT 250 SOUTH WAYNE A VENUE, WAYNESBORO, VIRGINIA
In execution of a Credit Line Deed of Trust made by Hauser Homes, LLC f/ k/a Hauser Homes,
Inc., being dated July 28, 2004, and recorded in the C lerk' s Office of the Circuit Court of
Albemarle County, Virginia, in Deed Book 2807, beginning at Page 478, by Modification
Agreement between the Grantor, the Trustee and Albemarle First Bank (now United Bank),
dated September 13, 2006, of record in the aforesaid Clerk's Office in Deed Book 3296, page
161 (collectively, the "Deed of Trust"), which, by Supplemental Deed of Trust dated September
14, 2006, and recorded on September 15, 2006, in the Clerk's Office of the C ircuit Court of the
City of Waynesboro, V irginia, as Instrument No. 060003313; by Supp lemental Deed of Trust
November 8, 2006, and recorded on November 20, 2006 in the aforesaid Clerk' s Office as
Instrument No. 060004052; by Supplemental Deed of Trust dated January II, 2007, and
recorded on January 17, 2007, in the aforesaid Clerk's Office as Instrument No. 070000150; by
Supplemental Deed of Trust dated March 7, 2007, and recorded on March 8, 2007, in the
aforesaid C lerk' s Office as Instrument No. 070000738; by Supplemental Deed of Trust dated
March 15, 2007 and recorded on March 15, 2007, in the aforesaid Clerk's Office as Instrument
No. 070000814; by Supplemental Deed of Trust dated May 15,2007 and recorded on May 15,
2007, as Instrument No. 07000 1555 ; by Supplemental Deed of Trust dated July I 5, 2007 and
recorded on July 18, 2007, in the aforesaid Clerk' s Office as Instrument No. 070002360; by
Supplemental Deed of Trust dated August 3 I, 2007 and recorded on August 31, 2007, as
Instrument No. 070002983, (the Credit Line Deed of Trust as amended and supplemented shall
hereafter be referred to herein as the "Deed of Trust''), the Borrower conveyed and encumbered
additional real estate and all improvements thereo n (Lots 40-3, 18-3, 20-3, 18-2, 27-2, 28-2, 26-2,
25-2, 34-2, 24-2 AND28-3 in Charleston Park); and the holder of a Promisso ry Note, as amended,
secured by said Deed of Trust having substituted the undersigned as Trustee by instrument of
record in the aforesaid Clerk's Office, the undersigned Acting Substitute Trustee wil l offer for
sale at public auction:
CHARLESTON PARK 40-3
All that certain lot or parcel of land, with improvements thereon and
appurtenances thereto, situated in the City of Waynesboro, Vi rginia, containing
15,626 square feet, more or less, shown as Lot 40, Phase 3 of Charleston Park
Subdivision, on a plat by Rivanna Engi neering & Surveying, PLC, dated April 5,
2004, and recorded in the Clerk's Office of the Circuit Court of the City of
Waynesboro, Virginia, in Plat Book 7, pages 119 and I 20.
TAX MAPNO. 786151
appurtenances thereto, situated in the City of Waynesboro, Virginia, contain ing
I 3,492 square feet, more or less, shown as Lot I 8, Phase 3 of Charleston Park
Subdivision, on a plat by Rivanna Engi neering & Surveying, PLC, dated April 5,
Waynesboro, Virginia, in Plat Book 7, pages I 19 and 120.
TAX MAP No. 786 I29
appurtenances thereto, situated in the City of Waynesboro, Virginia, containing
Subdivision, on a plat by Rivanna Engineering & Surveying, PLC, dated April 5,
2004, and recorded in the Clerk's Office of the Circuit Co urt of the City of
Waynesboro, Virginia, in Plat Book 7, pages I 19 and 120.
TAX MAP NO. 786131
14,6 I I sq uare feet, more or less, shown as Lot I 8, Phase 2, of Charleston Park
Subdivision, on a plat by Rivanna Engineering & Surveying, PLC, dated May 30,
2001 , and recorded in the Clerk's Office of the Circuit Court of the City of
Waynesboro, Virginia, in Plat Book 7, pages 79-8 I.
TAx MAP No. 785945
A ll that certain lot or parcel of land, with improvements thereon and
17,276 square feet, more or less, shown as Lot 27, Phase 2, of Charleston Park
Subdivision, on a plat by Ri vanna Engineering & Surveying, PLC, dated May 30,
2001 , and recorded in the C lerk's Office of the Circuit Court of the City of
Waynesboro, Virginia, in Plat Book 7, pages 79 through 81.
TAX MAP No. 785954
appurtenances thereto, situated in the City of Waynesboro, V irginia, containing
16,3 75 square feet, more or less, shown as Lot 28, Phase 2, of Charl eston Park
Subdi vision, on a plat by Rivanna E ngineering & Surveying, PLC, dated May 30,
200 I, and recorded in the C lerk's Office of the Circuit Court of the City of
T Ax MAP No. 785955
200 I , and recorded in the Clerk's Office of the Circuit Court of the C ity of
TA X MAP No. 785953
All that certain lot or parcel o f land, with improvements thereon and
16, 153 square feet, more or Jess, shown as Lot 25, Phase 2, of Charleston Park
200 I , and recorded in the C lerk' s Office of the Circuit Court of the City of
Waynesboro, Virginia, in Plat Book 7, pages 79 through 81 .
TAX MAP No. 785952
19,048 square feet, more or Jess, shown as Lot 34, Phase 2, of Charleston Park
2001 , and recorded in the Clerk's Office of the Circuit Court of the City of
Waynesboro, Virginia, in Plat Book 7, pages 79 tlu-ough 8 1.
TAX M AP No. 78596 1
2001 , and recorded in the Clerk' s Office of the Circuit Court of the City of
Waynesboro, Virginia, in Plat Book 7, pages 79-81 ; and bei ng a portion of the
land conveyed to Charles Wm. Hurt and Stuart F. Carwile, Trustees under a land
trust agreement dated October 9, 1970, by deed from Margaret A . Sutherland and
P . B. Sutherland, her husband, dated October 9, 1970, recorded in the Clerk ' s
Office of the Circuit Court of Augusta County in Deed Book 565, page 569; and
by deed from Charles P. Ajemian, Trustee, dated February 17, 1972, recorded in
said County Clerk's Office in Deed Book 585, page 574. By instrument dated
March 8, 1993, recorded in the Clerk' s Office of the City of Waynesboro in Deed
Book 190, page 767, Stuart F. Carwile resigned as Trustee of the A lphin Farm
Land Trust and Shirley L. Fisher was appointed successor Trustee in hi s p lace and
stead.
T AX MAP No. 78595 1
All that certain lot or parcel of land, wi th improvements thereon and
7,800 square feet, more or less, shown as Lot 28 , Phase 3, of Charleston Park
2004, and recorded in the Clerk's Office of the Circuit Court of the C ity of
Waynesboro, Virginia, in Plat Book 7, pages 119 and 120.
TAX MAP NO. 786139
(the "Property").
The Property will be offered for sale on the fro nt steps of the City of Waynesboro Circuit
Court located at 250 South Wayne Avenue, Waynesboro, V irginia.
WEDNESDAY, JANUARY 23,2013 AT 1:00 P.M.
T ERMS OF SALE: Cash. A Bidder's deposit of $5,000 by cash or cashier' s check FOR
EACH LOT made payable to the Bidder (to be assigned to Trustee if Bidder is successful) ON
DAY OF AND AT TIME OF SALE, w ith the ba lance upon delivery of deed within 30 days of
sale. Settlement shall be held w ithin 30 days after the date of sale unless otherwise postponed at
the sole di scretion of the Trustees. This sale is subj ect to any covenants, conditions, restrictions,
rights of way, and easements, if any, contained in the deeds forming the chain of titl e to the
Property. This Property is sold "AS IS, WHERE IS," with absolutely no warranties.
TIME SHALL BE OF TH E ESSENCE WITH RESPECT TO SETTLEMENT. The
deposit shall be applied to the credit of successful bidder at settlement; or, in the event of failure
to complete settlement within the ti me set forth after the date of sale, in accordance with the
terms of sale, the deposit shall be fo rfeited and applied to the costs of sale, including Trustee's
fee, and the property shall be resold at the cost and expense of the defaulting Purchaser. Risk of
loss or damage to the Property shall be borne by successful bidder from the time of auctioneer's
stri kedown at the sale. Purchaser shall pay all settlement fees, title examination charges, title
insurance premiums, and record ing costs. Current real estate property taxes will be prorated at
closing as of date of sale.
THE TRUSTEE RESERVES TH E RIGHT: (i) to waive the deposit requirements; (i i) to
extend the period of time within which the Purchaser is to make fu ll settlement; (iii) to withdraw
the Property from sale at any time prior to the termination of the bidd ing; (iv) to keep the
bidding open for any length of time; (v) to reject all bids; and (vi) to postpone or continue this
sale from time to time, such notices of postponement or setting over shall be in a manner deemed
reasonable by the Trustee. Announcements made on day of sale take precedence over all other
adverti sed terms and conditions.
FOR INFORMATION SEE: www.lolawfimt.com (Click on "Foreclosures")
Nancy R. Schli chting
Kelly B. LaPar
Acting Substitute Trustees
Lenhart Obenshain P.C.
100 10111 Street N.E., Suite 300
Charlottesvi lle, VA 22902
(434) 220-6108 (Schlichting)
N RS@Iolawfirm .com
·060003312
PG 0 I 66 SEP ISli
TAX MAP: 786-151,786-152, and 786-159
THIS DEED, made this 14th day of September, 2006, by and between CHARLES
WM. HURT and SHIRLEY L. FISHER, TRUSTEES OF THE ALPIUN FARM LAND TRUST,
Grantors, and HAUSER HOMES, INC., a Virginia corporation, Grantee, whose address is 1885
Seminole Trail, Charlottesville, VA 22901, and SOUTHERN PROPERTY LLC, a Virginja
limited liability company, t/a SOUTHERN DEVELOPMENT, Additional Grantor,
WITNESSETH:
That for and in consideration ofthe swn ofTEN DOLLARS (.$10.00), cash in
hand paid, and other good and valuable consideration, the receipt of which is hereby
aclmowiedged, the Grantors do hereby GRANT, BARGAIN, SELL, and CONVEY with
SPECIAL~ARRANTY OF TITLE unto Grantee,
the following described property:
SEE SCHEDULE A AITACHED
This conveyance is made expressly subject to easemer.ts, restrictions, conditions,
and reservations contained in duly recorded deeds, plats, and other iostruments constituting
constructive notice in the chain of title to the property hereby conveyed, which have not expired
by limitation of time contained therein or have not otherwise become ineffective.
Prepared by Boyle Bain Reback & Slayton
1
P&O 16 7 SEP IS!!J
Charles Wm. Hurt, individually,joins in this deed to convey title to the Gruntee with
GENERAL WARRANfY and ENGLISH COVENANTS OF TITLE.
Southern Property LLC t/a Southern Development join in this deed to convoy its interest
as Contract Purchasers in and to the aforesaid property to the Grantee with GENERAL
WARRANTY and ENGLISH COVENANTS OF TilLE.
W11NESS the following signatures and seals:
By:
SOUTHERN PROPERTY LLC
T/A SOUTIIERN DEVELOPMENT
By:
--:-=-:-~:-::-=-:")~f-u---7
. '-------[SBAL]
aFrank T. Ball if;
STATB OF VIRGINIA AT LARGE:
CITY OF CHARLOTrESVILLE:
The foregoing Deed was acknowledged before me thls
IS: day of September,
2006, by Charles Wm. Hurt and Shirley L. Fisher, Trustees of the Alphin Farm Land Trust.
My commission expires:
PG 0 I 68 SEP 15 ~
STATE OF VIRGINIA AT LARGE:
CITY OF CHARL01TESVILLE:
The foregoing Deed was acknowledged before me this
2006, by Charles Wm. Hurt.
•t#'
· ., · '·(-..
___[.;IS::::...__ day ofSeptcmber,.:·.·.~~I'J.·~, ·~.
,• . ;'< ·.
1.:
i~\t4~
·r , .
',,: : s r ~\ '·: • •~,: -
·-~:it,: . ··~ :> .....\ i, ~',
- ,:
• .•,.. !1''1,,~.... . .. ' ·v·
• ~ ~·,..l.'
~· .6' /"'r'Not
blic
·~~ ~~;~t ...'1.:::~~· .: :i
!·:.,~~- J
I
day of September,
2006 by Frank T. Ballif, Manager, Southern Property LLC t/a Southern Development.
&g~;Ll.Lf4c
blic
Notary
3
·.;: ::~·. .
.~~.~~..,,·
CTIY OF CHARLOTTESVILLE:
r
'\
... ·:J~: ·.·!. '}.:. .... ....~c;~ :: ·· f
, . ,. •. ·" \( ·;f.:r..•l':: ~ ..·:
PGO 169
SEP 15~
SCHEDULE A
All those certain lots or parcels of land, wlth Improvements thereon and
appurtenances thereto, situated In the City of Waynesboro, Virginia, described as
follows:
appurtenances thereto, situated In the City of Waynesboro, VIrginia, containing
Subdivision, on a plat by R!vanna Engineering & Surveying, PLC, dated Aprl15,
Waynesboro, VIrginia, In Plat Book 7, PCI9BS 119 and 120.
All that certain lot or parcel of land, with Improvements thereon and
Subdivision, on a plat by Rlvanna Engineering & Surveying, PLC, dated April 5,
Waynesboro, VIrginia, in Plat Book 7, pages 119 and 120 .
All that certain lot or parcel of land, with Improvements thereon and
2004, and recorded in the Clerk's Office of the Circuit Court of the Clty of
Waynesboro, VIrginia, in Plat Book 7, pages 119 and 120.
The above lots are a portion of the land conveyed to Charles Wm. Hurt and
Stuart F. Carwile, Trustees under a land trust agreement dated October 9, 1970, by
deed from Margaret A. Sutherland and P. B. Sutherland, her husband, dated October 9, ·
1970, recorded In the Clerk's Office of the Circuit Court of Augusta County in Deed
Book 565, page 569; and by deed from Charles P. AJemian, Trustee, dated February
17, 1972, recorded In said County Clerk's Office in Deed Book 585, page 574. By
4
PG 0 I 70 SEP IS~
Instrument dated March 8, 1993, recorded In the Clerk's Office of the City of
Waynesboro in Deed Book 190, page 767, Stuart F. Carwile resigned as Trustee of the
Alphin Farm Land Trust and Shlrfey L. Fisher was·appointed successor Trustee in his
place and stead.
INSTRUMENT #060003312
RECORDED IN THE CLERK'S OFFICE OF
WAYNESBORO ON
SEPTEMBER 15, 2006 AT 03:31PM
$120.00 GRANTOR TAX .WAB PAID AS
REQUIRED BY SEC 58.1-802 OF THE VA. CODE
STATE:
$60.00 LOCAL:
$60.00
NICO~lGGSi ~R~-- .
YJ(RECORD~ ~~
5
Pfi 0025 NOV 20 g;
060004051
TI-llS DEED, made this 1st day of November, 2006, by and between CHARLES
WNL HURT and SHIRLEY L. FISHER, TRUSTEES OF THE ALPHIN.FARM LAND TRUST,
Seminole Trail, Charlottesville, VA 22901, and SOUTHERN PROPERTY LLC, a Virginia
WITNESSETH :
That for and in considcrni'ion of the swn ofTEN DOLLARS ($10.00), cash in
hand paid, and other good and valuable consideration, U1e receipt ofwhieh is hereby
acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL, and CONVEY with
SPECIAL WARRANTY OF TITLE unto Grantee, the foJlowing descri bed pmperty:
SEE ~CIIEDULE A ATTACHED
This conveyance is made expressly subject to easements, restrictions, conditions,
and reservations contained in duly recorded deeds, plats, and other instn1ments constitutjng
by limitati on of time contained therein or hnve not otherwise become ineffective.
i
PG 0026 NOV 20 §
Charles Wm. Hurt, individually, joins in this deed to convey title to the Grantee with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE.
Southern Property LLC t/a Southern Development join in this deed to convey its interest
as Co ntract Purchasers in and to the aforesaid properly to the Grantee with GENERAL
WARRANTY and ENGLISE COVENAI\~:S Of TITL:::.
WITNESS the following signatures and seals:
ALPHIN FARM LAND TRUST
By:
~PL~~~~~........L.L~-..4-1-.-:_,:_/_ _[SEAL]
rz 1
Chffiie:,z:~urt,
r
.flv~
~~.-----[SEAL]
, ir~e~ Lj ·is •t, Trustee/ /
_;Ji L-:r·
-;;::q_._.____/_·_ _[SEAL]
Charles Wm. Hnrt
By:
STATE OF VIRGr:NJA AT LARGE:
c::·_·y 0~:; CHA~{~O~:TESVIL:~:1
The foregoing Deed was acknowledged before me this /fo
day of November,
2006, by Charles Wm. Hurt and Shirley L. Fisher, Trustees of the Alphin Frum Land Trust.
2
PG 0027 HOV 20 ~
STATE OF V1RGINIA AT LARGE:
CTTY OF CHARLOTIESVILLE:
The foregoing Deed was acknowledged before me this _ _._/_.&_ _ day ofNovcmb.er,
2006, by Charles Wm. HUit.
My commission e9ircs:
.
•,
STATE OF VIRGINIA AT LAJ.GE:
CITY OF CHARLOITESVILLE:
The foregoing Deed was acknowledged before me this £(p
day of~oy~rryber, ,
2006 by Fran.'(~~. 3allif, Manager, Southem Property LLC Ua Southem Developmenf: . ,. ·..
'
.•
.
..
...
..... . .
'
,.
.'
J
!~
. ':
.
:
. .' ·
. '•
3
. ...
•
PG 0028 NOV 20 ~
SCHEDULE A
All those certain lots or parcels of land, with improvements thereon and
appurtenances thereto, situated in the City of Waynesboro, Virg inia, described as
follows:
All that certain lot or parcel of land, with improvements tl1ereon and
appurtenances thereto, situated in the City of Waynesboro, Virginia , containing
13,492 square feet, more or less, shown as Lot 18, Phase ~ 3 of Charleston Park
Afl that certain lot or parcel of land, with improvements thereon and
10,369 square l1eet, more or less, shown as t ot 20, Phase 3 o1 Charleston -=>art~
Waynesboro, Virginia, in IP[at Boo:<7, pages 'l 19 an C:; ~ 20.
appurtenances tt~ereto, situated in the City of Waynesaoro, Virginia, containing
10,653 square feet, more or less, shown as Lot 33, Phase 3 of Charleston Pari<
Subdivision, on a plat by Rivanna Engineering & Surveying, PLC, dated April5,
Waynesboro, Virginia, In Plat Bool< 7, pages 119 and 120.
The above lots are a portion of the land conveyed to Charles Wm. Hurt and
deed from MargaretA. Sutherland and P. B. Sutherland, her husband, dated October 9,
1970, recorded in the Clerk's Office of the Circuit Court of Augusta County in Deed
Book 565, page 569; and by deed frorn Charles P. Ajemian, Trustee, dated February
17, 1972, recorded in said County Clerk's Office in Deed Book 585, page 57 4. By
4
PG 0029 ~wv 20 ~g
instrument dated March 8, 1993, recorded in the Clerk's Office of the City of
Waynesboro in Deed Book ·190, ~age 767, Stuart F. Carwile resigned as Trustee of the
Alphin Farm Land Trust andl Shirley :_. :=-is:1er was appoinf:ec: successor Trustee in his
place and stead.
INSTRUNENT ·#060004051
RECORDED IN iHE ClERK Is OFFICE OF
WAYNESBORO ON
NOVEMBER 20 I 2006 AT 01 ;58Pt'l
$120. 00 GRANTOR TAX WAS PAID AS
STATE:
$60.00 LOCAL:
$60.00
NICOLE A.
BRIG~, ~kEHK
k~co)%&-sY~ ·o8~S~"D~
ar
a7oooo149
TAX MAP:
PG 000 I JAN17 G
Qe\N~ '((Uwe. G,ocd
785945, 785935, and 785933
~~*~~~~ho:t-
Tms DEED, made this lllh day of January, 2007, by and between CHARLES
W11. HURT and SHIRLEY L. FISHER, TRUSTEES OF Tiffi ALPHIN FARM LAND TRUST,
WITNESSETH:
That for and in consideration of the sum ofTEN DOLLARS ($10.00), cash in
SPECIAL WARRANTY OF TITLE unto Grantee, the following described property:
SEE SCHEDULE A ATIACHED
This conveyance is made expressly subject to casements, restrictions, conditions,
and reservations contained in duly recorded deeds, plats, and other instnunents constituting
constructive notice in the chain of title to the property hereby conveyed, which bave not expired
Prepared by Boyle Eain Reback & Slayton
1
··--- - -·- - -- --
WBoro :LN:,-1-r!AM.Q.A..t
07-00 00 } L}q
- ----- -
Nu.
~G 000 2 JAH 17 !J
Charles Wm. Eiurt, int'Jividua!!ly, joins in this C1eeC! to convey title to the Grantee with
Southern Property LLC t/a Southern Development join in tllis deed to convey its interest
WARRANTY and ENGLISH COVENANTS OF TITLE.
WITNESS the following signatures and scnls:
3y:
(SEAL]
[SEAL]
irley . Fis:~er, Trustee
u.J ~~/
[SEAL]
Cjar:es Wnt. Hurt
T/A SOUTHERN DEVELOPMENT
By:
p,t.(1.i.~
[SEAL]
STATE Of VIRGINIA AT LARGE:
CITY OF CHARLOTIESVfLLE:
·_ne foregoing DeeC. was acknowledged before me this /G,
day ofJai11Ui\W>;"QG01.".'::~:.,,;r
by Charles Wm. Hurt and Shirley L. Fisher, Trustees of the Alphin Farm Land
2
PS 0 D0 3 JAN l7 ~
STATE OF VIRG:!NIA A'_' ::.ARG3:
3
P&VDJ4 JAN 17 8
SCFEDU:.EA
ap';)urtenances thereto, situated in the City of Waynesboro, Virginia, described as
fo:Iows:
appurtenances thereto, situateC: in the Cily ol' Waynes~oro, Virginia, containing
21,809 sa,uare feet, more or less, shown as Lot 6, Phase 2, Charleston Park
Subdivision, on a plat by Rivanna Engineering & Swveying, PLC, dated May 30,
2001 1 and recorclec. in the c:en~'s Oflke of ti1e Circuit Court of the City of
Waynesboro, Virginia, in Plat Book 7, i:>ages 79-81.
All that certain lot or parcel of land, wnh Improvements thereon and
a:o.:JUrtenances thereto, situated in the City of Waynesboro, Virginia, containing
Subdivision, on a plat by ·.'{Ivanna Engineering & Surveying, PLC, dated May 30,
2001 1 and recorded in the Clerk's Office of the Circuit Court of the Ctty of
Waynesboro, Virginia, in Plat Book 7, pages 79-81.
2001, and reCQrded in the Clerk's Office of the Circuit Court of the City of
Waynesboro, Virginia, in Plat Book 7, pages 79-81.
The aforesaid lots are a portion of the land conveyed to Charles Wm. Hurt and
Stuari: F. Carwile, Trustees under a land (rust agreemen.t dated October 9, 1970, by
deed from Margaret A. Sutherland and P. B. Sutherland, her husband, dated October 9,
1970, recorded in the Clerk's Office of the Circuit Court of Augusta County in Deed
3ook 565, page 569; and by deed from Charles P. Ajemian, Trustee, dated February
17, 1972, recorded in said County Clerk's Office in Deed Book 585, page 574. By
instrument dated March 8, 1993, recorded in the ~lerk's Office of the City of
4
Alphin Farm Land Trust and Shirley L. Fisher was appointed successor urus~ee in his
place and stead.
INSTRUMENT
~070000149
RECORDED IN TI£ CLERK'S OFFICE OF
WAYNESBORO 0'~
JANUARY 17, 2007 AT 09:34AH
~~50. 00 GAANTOR TAX l~AS PAID AS
STATE:
5
S75.00 LOCAt :
~75. 00
NICOl£ A. ,.~~IGGS' CLERK.
/J t ri,M;.(,.... A . l::3 A~\'.<:r:::>
RECORDED BY: DBS
G~
~---------------------------------------------------------------/'
·' 07000073 7
PG 0027 HfiR -B b
TAX MAP: 785-954 and 785-955
THIS DEED, made this 6th day of March, 2007, by nnd between CHARLES WM.
HURT and SHIRLEY L. FISHER, TRUSTEES OF THE ALPHIN FARM LAND TRUST,
Grnntors, and HAUSER HOMES, INC., a Virginia corporation, Grantee, whose address is I 885
limjted liability company, t/a SOUTHERN DEVELOPMENT, Additional Grantor,
WITNESS ETH:
That for and in consideration of the sum ofTEN DOLLARS ($10.00), cash in
SEE SCHEDULE A ATTACHED
and reservations contained in duly recorded deeds, plats, and other instruments constituting
/
Charles Wm. Hurt, individually, joins in this deed to convey title to the Grantee wifu
Southern Property LLC t/a Southern Development join in this deed to convey its interest
ALPHIN FARM L:?WST
By:
-'-:-'/31~J:.=t..-~'-f--'~~::__J__[SEALJ
Charles Wm. Hurt, Trustee
~/t=¥-->l-.7.~
? ~~d"-'---1 _:SEAL:
~Lo;;;u
:sEAL!
Charles Wm. Hurt
T/A SOUTHERN DEVELOPMENT
By'
~~
FrankT. B~nagcr
CITY OF CHARLOTTESVILLE:
2
[SEAL]
PG0029 KtiH-8 S
by Charles Wrn. Hurt.
STA"_"E 0~~ V::RGJ\IA Ar ::,A].G3:
CITY OF CHARLOTfESVU..LE:
~
&
of~-~~~i~:~;~:;~-:.
day
by FraiL< T. Ba]if, :\{anager, Sou6em ?roperty ~J~JC t/a Southern Developmen~ f\;;.~-~~~-;-,·:-.t::j.~-,
.·
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SCHEDULE A
appurtenances thereto, situated in the City of Waynesooro, Virginia, C:escri:JeC: as
follows:
All f:haf: certain lot or parcel of land, with improvements thereon and
a:>purtenances thereto, situated in the City of Waynesboro, Virginia, containing
Su:Odvision, on a p:at jy ~Ivanna :=ngineering & Surveying, PLC, dated May 30,
Su~C:ivision, on a p"af: ·Jy ~Ivanna ::ngineering & Surveying, PLC, dated May 30,
The aforesaid lots are a portion of the land conveyed to Charles Wm. Hurt and
deed from Margaret A Sutherland and P. B. Sutherland, her husband, dated October 9,
1970, recorC:ec. in t.1e c :er:<'s Ot'fice ov the Circuit Court ol' Augusta County in Deed
Book 565, page 569; and by deed from Charles P. Ajemian, Trustee, dated February
17, 1972, recorded in said County Clerk's Office in Deed Book 585, ;oage 574. By
Alphin Farm Land Trust and Shirley L. Fisher was appointed successor Trustee in his
place and stead.
INSTRUt-1ENT #.07000013]
4
RECORDED INTHE CLERK'S OFFICE OF
WAYNESBORO ON
11ARCH 8t 2007 AT 03: 4iPN
$'100.00 GRANTOR TAX WAS PAID AS
STATE:
$50.00 LOCAL:
$50. GO
NICOLE A. BRIGGSs CLEru<
RECORDED BY: NAB
.
~t2/3uf'P
-----------~·
-----------------=--~~-----------40
izii' WiM!'PW WriiW?: .X •t ' · ~
a:;;; ·' • ·' •rt rn • w wrz a •
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I
070000813
"'
PG 0I 23 llt\R 15 !J
TAX MAP: 785-953
THIS DEED, mnde this 12th day of March, 2007, by a~d between CHARLES
WM. HlJRT nnd SHIRLEY L. FISHER, TRUSTEES OF 11-IE ALPHIN FAR.l'vf LAND TRUST,
Grantors, and HAUSER H01vfES, INC., n Virginiu corporation, Grantee, whose address is 1885
Seminole Trail, Charlotlesvillc, VA 22901, and SOUTHERN PROPERTY LLC, n Virginia
limited liability company, t/a SOUTHERN DEVELOPMENT, Additiounl Grantor,
WITNESSETH:
That for and in consideration of the sum ofTEN DOLLARS (Sl 0.00); cash in
hand paid, and other good and valuable consideration, the receipt of which is hc~eby
acknowledged, the Gnmtors do hereby GRAJIH, BARGAIN, SELL, and CONVEY with
SPECIJ\L WARRANTY OF 'TITLE unto Grantee, the following described property:
SEE SCHEDULE A ATfACHED
This conveyance is rnadc expressly subject to casements, restrictions, conditions,
and r...scrvnrions contained in duly recorded deeds, plats, and other imtrumcnts constituting
constructive notice in the cluun of title to the property hereby conveyed, which have not expired
by limitation of time contuined
th~rein or have not othemise become
ineffective.
Prepared by Boyle Bain Reback & Slay/on
• i
t;>'0oro Ifw\-r<JVA.-e,-~1::· f'So ·
o ? ooo o <D t3
---~~
. -----=======~~~==--------===-------------~~----------------7 &+
6
I
Ida
21
111 4f$ I
PG 0I 24 Hf,R 15 lJ
Charles Wm. Hurl, individually, joins in this deed to convey title to the GnwtC'.: wiUt
GENGRAL WARRANTY nncl :E:.~G:'..:S::J: COVIDIANTS 0} ·.111.3.
Southem Property LLC Vn Soulhcm Development join in this deed to convey its interest
ns Contmet ?urd.1nsers in nnC. to 6c aforesaid property to Lie Granlet: with GENERAL
WARRANTY and ENGLISH COVENANI'S OF TflLE.
WITNESS the following signatures nnd seals:
ALPHIN FARM LAND mUST
By:
_.r_,.tk~ll_.L~.:-~~~-[SEAL]
I(J.~=n.~r=:l=t;4~ ~: I'-u~. :J.': :I<dia.ret:J..._
. ~· _
_
[SEAL]
Shirley L,A:iSil;,'frustcc
_a_tf9\CL
Charles Wm. Hurt
;SEALj
·
SOUTHERN PR9PERTY LLC
T/A SOUTflliRN DEVELOPMENr
By:
-j~lt
-~..-,.
-.P.c...an
-·r-i.. .
.nna
'-g.:r_
_ _ _[SEAL]
S:'Ai:E 0'5 V:RG:l'i1A A": ::,,UG8:
/f
The foregoing Deed wns acknowledged before me this
day March, 2q01, by
Charles Wm. Hurt and Shirley L. Fisher, Trustees of the Alphin Frum Land Trust.
·/ . ...
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CITY OF CHARL01TESVJLLE:
The foregoing Deed was ucknowledgcd before me this
_j_L_ dny o::~.nr~h, ~O.OJ.
by Chn.rlcs Wm. Hurl
My cowmission expires:
~rho/or
t
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·'.'··:/,:. ·.. .;:·, >.:;. ·.. ·' .
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IJJi alifo 1/ &
Notill)6fuhl;;
. , .·;: :
' .\. _;:;. ./ : . · :....
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·
CITY OF CHARLO'ITESVILLE:
The foregoing Deed was acknowledged before me this / L/
day of ¥im:b,:·2007>
by Frank T. BaUif, Manager, Southern Property LLC t/a Southern Dcvclopwenf. F.. ··::· ·: ::
Myoomm;~;""P'"
4P/M
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J:';~.'; ;i'<3:H
lib._L~i/, d ~-..'
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PG 0 l 26 liAR 15b
SCHEDULE A
appur1enances ~hereto, situate( In ~e City o\' WaynesJoro, Virginia, C:escrbeC: as
follows:
AI rna·: cerf11ln [o·: or parce: 01':.anc·, v.t:h improvemen(s i.t\ereon ancJ
a?;urtenances thereto, situated in Ihe City of Wa:tnesboro, VinJinia, containing
16,993 square feet, more or less, shown as Lot 26, Phase 2, of Charle5ton Park
Su"Ddivision, on a plat by Rivanna .=ngineering aSurveying, :;, _c, c:atecJ .V.ay 30,
Wa!{nesboro, VIrginia, In Plat Book 7, pages 79 through 81,
-:-he aforesaicl :ot is a portion o\' lhe :anC: conveyeci f;o c:1arles Wm. :;uri ancJ
Stuart F. Car.o.ile, Trustees under a land trust agreement dated October 9, 1970, by
~eecl fromMarga ref; A.
Slt.herland and P. B. Sulherlancl, her nusband, dated October 9,
1970, recorded In the Clerk's Office of the Circuit Court of Augusta County in Doed
Book 5£5, page 569; and by deed from Chartes P. Ajemian, Trustee, dated February
17, 1972, recorded In said County Clerk's Office In Deed Book 585, page 574. By
Instrument dated March 8, 1993, recorded in the Clerk's Offi::e of the City of
Alphin Farm Land Trust and Shirtey L. Fisher was appointed successor Trustee in his
p:ace anC: steaC:.
lNS! RUt~E,'IT
U07iJG!J08l3
RECORDED IN THE CLERI\'S OFFICE OF
:~AYi'l530~0 GN
HARCH 15, 2007 AT 03:30P11
050.00 GRA'ITOR ~AX !~AS ?AlD AS
REQUIRED BY SEC 58.i-802 OF THE VA. CODE
STATE:
5 E£?;111Li\53GIIP 'k >
BRIG£S, CLERK
Rtdi~&~~li
(.
N
~25.00
025.00 !..OCAL:
NICOL~~
"
J.,. t ,z;:;::aw:u;:::~
B700B·l 5S 4·
P.G0064 MAY 15 8
TAX MAP: 785952, 785960 and 785961
Qe.l'i¥'-k> VoJ~·t. (bcvd\
c:;w tt K.vtnte<
~dl.j 1'5· "200l
TillS DEED, made this 2nd day of May, 2007, by and between CHARLES WM.
WJRT and SHJRLEY L. FISHER, TRUSTEES OF THE ALPHIN FARM LAND TRUST,
WITNESSETH:
That for and in consideration of the sum ofTEN DOLLARS ($1 0.00), cash in
hand paid, and other good and valuabl~ consideration, the receipt of which is hereby
acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL, and CONVEY witll
constructive notice in the chain oftitle to the property.hereby conveyed, which have not expired
Prepared by Boyle Bain Reback & Slay/on
. . . •·· •·
~ v·.•
.
1.,. •11.,.,._ .: .
?t)Boro ~trt.i.M..ru± ~ .
C>r{)() o;:;;t;;Lf
RG 0065 Htt Y15~;
qarles Wm. Hurt, individually, joins in this deed to convey title to the Grantee with
GENERAL WARRANTY and. :3KG~JF.SH COVE:\A..'l'::'S OF TITLE.
Southern Property LLC tla Southem Development join in this deed to convey its interest
WARRAN1Y and ENGLISH COVENANTS OF TITLE.
By:
Jirley L isher, Trustee
=----!&_·.~---'-:-:-4-<--~:. . . <. .:. /_
Charles Wm. Hurt
SOUTHERNPROPERTYLLC
TIA SOUTHERN DEVELOPMENT
By:
CITY OF CHARLO-:::BSV:LE :
2
_ [SEAL]
PG 0066 Kf.Y 15 G
CITY OF CHARLOTIESVILLE:
d
.
The foregoing Deed was acknowledged before me this ~
Charles Wm. Hurt.
$p{
3
?G 0067 ~~~~ Y15 8
SCHEDULE A
All those certain lots or parcels of land, with im:Jrovements thereon and
appurtenances thereto, situated in the City of Waynesboro, Virginia, described] as
follows:
A.l that certain :ot or parce: o·' ·anc·, with improvements thereon and
ap::>urtenances thereto, situated in the City of Waynesboro, Virginia, containing
16,153 square feet, more or less, shown as Lot 25, Phase 2, of Charleston Pari<
Subdivision, on a plat by Rivanna :=ngineering & Surveying, p:_c, dar.ec. Yay 30,
AI !:hat certain !of: or parcel of land, with improvements thereon and
a:;J:ourtenances thereto, situC!ted in the City of Waynesboro, Virginia, containing
Subdivision, on a plat by l~ivanna :=ngineering & Surveying, ?:..C, C:a':eC: V;ay 30,
2001, and recorded in the Clerk's Office of the CircuittCourt of the City of
Waynesboro, Virginia, In Plat Book 7, pages 79 through 81.
a'J-ourtenances thereto, situated in the City of Waynesboro, Virginia, containing
Subdivision, on a ptat ':Jy Rivanna :::ngineering & Surveying, :>'_C, claf:ec· Way 30,
Waynesboro, Virginia, in Plat Book 7, pages 79 through 81 .
-:-he aforesaiC: :ots are a por:ion o:i i:he ·ancl conveyed to Charles Wm. Hurt and
deed from Margaret A. Sutherland and P. B. Sutherland, her husband. dated October 9,
1970, recorded in the Clert<'s Office o!; t.1e Circuit Court ol' Augusf:a County in :Jeed
17, 1972, recorded in said County Clerk's Office in Deed Book 585, page 574. By
4
PG0068 11hY 156
Alphin Farm Land Trust and Shirley L. Fisher was appointed successor Trustee in his
place and stead.
!NSTRU~1ENT
#070001554
WAYNESBORO ON
MAY 151 2007 AT 03:57P~1
$165.00 GRANTOR TAX I~AS PAID AS
REQUIRED BY SEC 58.1-802 OF iHE VA. CODE
STATE:
$82. SO LOCAL:
$82.50
NlCOL5J~· BRIGGS1 CLERK
Rttb~~~M
5
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01 ao·g235 9
Return to:
~G 0093 JUL18 G
Scott Kro~ PLC, P. 0. Box 2737, Charlottesville, VA 2902
Title Ins. Co.
~l~ Title ~~~c~C:m~~U.'rt1rM 11' e[ 0"]
TAX MAP:
785951
THIS DEED, made this 9th day of July, 2007, by and between CHARLES ~f.
HURT and SHlRLEY L. FISHER, TRUSTEES OF TilE ALPHIN FA.RM LAi~D TRUST;
Grantors, and HAUSER HOMES, TNC., a Virginia corporation, Grantee, whose address is 1885
W[TNESSETH :
That for and in consideration of the sum ofTEN DOLLARS ($10.00), cash;in
hand paid, and other good and valuable consideration, the re.ceipt of which is hereby
This conveyance is mad~ expressly subject to easements, restrictions, cond~ions,
constructive notice in the chain of title to the property hereby conveyed, which have not e~pired
wJ3oro :IN:>tr~ No,
0 7-DDO :J. 6 'v 1
~@ 09·4 JUL '16 S
Southern Property LLC !Ia Southern Development join in tltis deed to convey its in~crest
as Contract Purchasers in and to the aforesaid property to the Grantee \'lith GENERAL
WARRANTY and ENGLISH COVENANTS OF TlTLE.
ALPHIN" FARM LAND TRUST
By:
_.,~~
· =----.:P.r:.__9_:___L·-=--/__:sEAL:
Charles Wm. Hurt, Trustee
4~ ~ ~/ (S3AL)
Charles Wm. Hurt
STATE OF Vill.GJNIA AT LARGE:
CTY OJ C]A.:.CO"_TESVILLE:
The foregoing Deed was acknowledged before me this (())
day of July, 200.7, by
Charles Wm. Hurt, individually, and as Trustee of the Alphin Fann Land Trust.
eil~6~~
Notary
bltc
-.··o·•·····a a Jl
q
EUlAIETH I MYN!
1
;~
Notary PUblic
:r
ecmmonw.alfh of VIrginia . · ~
( My commlnlon £xpflllt Jun 30, 2009
~,
~
I)
.
j!J'0o~ jg*rji3Y .. •
2
J.b ~ 095 JUL 18S
By:
/D
Shirley L. Fisher, Trustee of the AIphil\ Fann Land Trust.
__jg/3(:/lfl
day of July, 2007, by
'· ,
0
(;
Ofl"> ·~lhh! ~
CJ!l.U!..aiH J/2 j'~ J....-.=
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•
1
0
,
ELIZAB!TH I; PAM
Ho1ary PI!I>IIC
•••
~
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I'
1\ MY Comml»>on Expfltt J un 30, 2009. 1
(t
Notary Public
cOinmonwroUII~ or Vlrglnkl
1
L:weuucuct•••••'
j.j) J~/')3 C(
TIA SOUTHERN DEVELOPMENT
By:
--F-~-~-~-#-_/
____
{Mi~-
[SEAL]
Frilllk
The foregoing Deed was ackno~ledged before me this /0 . day of July, 2007 by
Frank T. Ballif, Manager, Southern Property LLC tla Southern Development.
f)JJ~6
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0
0
0
0
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ELIZAIIlTH • PAYNE
NOtary Public
!):
1
commonwroHII of Vtrglnlo
1~
( My c ommiiiiOI\ Expire• Jun 30. 2009 1 ~
(~
~G0 09·6 JUL 188
· SCHEDULEA
All that certain lot or i:Jarcel of land, with improvements thereon and
appurtenances thereto, situatecl in the City ol' Waynes::Joro, Virginia, conl:aining
19~238
I
square feet, more or less, shown as Lot 24, Phase 2, Charleston Park Subdivision; on a
p:at by ~ivanna Engineering & Surveying, PLC, dated May 30, 2001, and recorded in
the Clerk's Office of the Circuit Court of the City of Waynesboro, Virginia, In Plat ~ook
I
7, page 79-81; and being a portion of the land conveyed to Charles Wm. Hurt and;
Stuart F. Carwile, Trustees under a·land trust agreement dated October 9, 1970, ~y
.
'
deed from Margaret A. Sutherland and P. B. Sutherland, her husband, dated October 9,
1970, recorc.ec. in the c:er:~·s Ol'fice o1' the Circuit Court of Augusta County in Deecj
.
~
17, 1972, recorded in said County 91erk's Office in Deed Book 585, 10age 574. By
Waynesboro in Deed Book 190, page 767, Stuart F. Carwile resigned as Trustee 9fthe
Alphin Farm Land Trust and Shirley L. Fisher was appointed successor -:-rusl:ee inlhis
place and stead.
4
~AYNE~!h'10 ON i
JULY i8t 2007 AT 02 ~39PM
$52.58 GR~~OR TAX .WAS ~AKO AS
REQUIRED BY SEC 58.1-802 OR THE VA. CODE
~26. 25 l OCfll..: j
$26.25
NICOLE A. BRIGGS, ClERK
S1ATE:
J
l
-~~0~: ~~~M~-3
:
..
: :.. .
.
"070~03 0 77
P.G 0054 SEP I0t;
6l l1~r. q 1JO/D7
Return:
S~oner PLC, P. 0. Box 2737, Charlottc.willc, VA 22902
Title Ins. Co. Chicago Title Insurance Company
TAXMAP: 786140
This deed is exemption from taxation pursuant to Section 58.1.810.2 of the Code of
Virginia, 1950, as amended.
THIS DEED OF CORRECTION, made this 5th day of September, 2007, by and
between CHARLES WM. HURT and SHIRLEY L. FISHER, TRUSTEES OF THE ALPHIN
FARM LAND TRUST, Grantors, and HAUSER HOMES, INC., a Virginia corporation, Grantee,
whose address is 1885 Seminole Trail, Charlottesville, VA 2290 I, and SOUTHERN
PROPERTY LLC, a Virginia limited liability company, t/a SOUTHERN DEVELOPMENT,
Additional Grantor,
WITNESSE TH:
WHEREAS, by deed dated August 28, 2007, and recorded in the Clerk's Office of
the Circuit Court of the City of Waynesboro, Virginia, as Instrument No. 070002982, the
property conveyed by the Grantors to the Grantee was erroneously shown as Lot 29, Phase 3 of
Charleston Park. The Grantors intended to convey to the Grantee Lot 28, Phase 3 of Charleston
Park in the City of Waynesboro, Virginia; and
WHEREAS, the parties wish to correct the property description in the deed
recorded in Clerk's Office aforesaid as Instrument No. 070002982 to properly describe the real
estate i11tended to be conveyed.
NOW, THEREFORE, the Grantors do hereby GRANT, BARGAIN, SELL, and
CONVEY with SPECIAL WARRAl\JTY OF TITLE unto Grantee, the following described
property:
~------------------------------------------------LUBoro =r;st-r~
07-D()63D r=?-
tJo.
~G 0055 SEP I0 8
constructive notice in the chain of title to the :?ro:?crty hereby conveyed, which have not exQired
by limitation of time contained therein or have not otherwise become ineftective.
Charles Wm. Hurt, individually, joins in this deed to convey title to the Grantee
with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE.
Southern Property LLC t/a Soutitem Development join in this deed to convey its interest
as Contract Purchasers in and to the aforesaid properly to the Grantee with GENERAL
Hauser Homes, Inc., a Virginia corporation, joins in the execution of this deed to
release any rights it may have in Lot 29, Phase 3, Charleston Park Subdivision.
WlTKESS be foJowing signatures anC. sea:s:
By:
...,._eLd=:-=:c?"'-~~---:::~,.q..=oq.e;_/_ _
Charles Wm. Hurt, T?teA
:sEAL]
j
~Pd~ttA~q~....L.~C-~.___:.:;___ _[SEAL]
Charles Wm. Hurt
CITY OF CHARL01TESVILLE:
cO
day of September,
2007, by Charles Wm. Hurt, individually, and as Trustee of the Alphin Farm Land Trust.
Yy commission expires:
t!J2J.•fk...30~D~
Not~Public
ELIZABETH B. PAYNE
NOTARY PUBLIC
2
Commonwealth of V.7lJinia
Reg. #187738
My Cornrnisslon Expires June 30. 2009
---..:----------------------------------------------------~
~~~ 0056 SEP I 0E
By:
STATE OF VffiGINIA AT LARGE:
CITY OF CHARLOTTESViLLE:
The foregoing Deed was acknowledged before me this ~4~-- day of September,
2007, by Shirley L. Fisher, Trustee of the Alphin Farm Land Trust.
f
ELIZABETH 8.PAYNE
NOTARY PUBLIC
l
Commonwcollh of Virginia
Reg. #187738
My Commi>>ion Expires Juno 30, :Z009
'
. [SEAL]
STATE OF VIRGINIA AT LARGE;
ll!C foregoing Deed was acknowledged before me this G.,
day of September,
2007 by Frank T. Ballif, Manager, Soulhem Property LLC tla Southern Development.
r
l
I
EliZABETH B. PAYNE
NOTARY PUBLIC
CommonwcaiU1 of Virginia
Reg. #187736
My Commis>ion Expires June JO, 2009
{p /3o
...,
3
/Cfl
~G 0057 SEP I0 8
'
Title._
__:V_lc..---=-&-___:1?_fk_=-s._t:_:_~
_;;_::__ _
_ _
STATE OF VIRGINIA AT LARGE
CITY OF CHARLOTTESVrLLE
be~m~
/0~
TI1e foregoing Deed was acknowledged
this
day of Se:?tember,
2007 by 5-!·"Z:t"' (. !fv¥.h~t'an 1 1./iu. ff"C!-:. I~C on behalf ofHauser Homes, Inc., a
Virginia corporation, on behalf of the corporation.
~bl
/;)cto
I
J
KllNNBTHB. TiiAYER
NoCa!y~ No. 321432
NOrMY PUBLIC
COMMONWEALTil OF VIRGTNfA
. My Commission Expi~: MJy 31,2010
INSTRU~ENT :1070003077
RECORDEDIN THE CLERK'S OFFICE OF
WAYNESBORO ON
SEPTEMBER 101 2007 AT 04:11PM
NICOLE A. BRIGGS1 CLERK
~~
PG 0 I I 3 AUG 31b
078002982
Return:
rvlt'v. <5}oll07
s~~~rr
~ lQJiillarrottcsvme, vA
lJW
Title Ins. Co. Chicngo
TAX MAP:
Ti~ Insurance Company
22902
786140
TillS DEED, made this 27th day of August, 2007, by and between CHARLBS
WM. HURT and SHIRLEY L. FISHER, TRUSTEES OF THE ALPH£N FARM LAND TRUST,
Seminole Trail, Charlottesville, VA 22901, and SOUTHERN PROPERTY LLC, a Virgin!a
limited liability company, t/a SOUTHERN DEVELOPMEN'T, Additional Grantor,
WI TNESSETH:
That for and in consideration of the sum ofTEN DOLLARS ($1 0.00), cash~ in
constructive notice in ti1e chain of title to the property hereby conveyed, which have not e~pired
Prepared by Boyle Bain Reback & Sla;ton
~'Bo<o ::0\.stl~No.
67-COO d298~
Southern Property LLC !Ia Southern Development join in this deed to convey its interest
ALPffiN FAAM=ul~/
By:
-='/Z~~~=-:--~=·-~·~--'-·---'-[.SEAL]
c{QL~
Charles Wm. Hurt
S~~A-.":~ 0~~ V3RG~1\1A
A·: iLAJ.G3:
The foregoing Deed was acknowledged before me this ,2 '1
day of August, 2007,
by Cbar~es Wm. Hurt, inCividua]y, anC. as '_'rustce of l1e A!pJ.in ~~ann ::.and '_'rust.
i
~I3D ID"---9,___ _
~~-
~aht
Not~Public
I)
d iCLvf}[JL
u--
EOV:~'ffilr. PiWN'E
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #187736
My Commis•ion Expires June 30, 2009
2
PG 0 I I 5 AUG 31 8
[SEAL)
STATE OF VIRGJNIA AT LARGE:
CITY OF CHARLOTTESVlLLE:
Titc foregoing Deed was acknowledged before me this
by Shirley L. Fisher, Trustee of the Alphin Fann Land Trust.
ELIZABETH B. PAYNE
NOTARY PUBLIC
_62!1_ C.ay of August, 2007,
·
&I.JoIrg
~,g}~,
Not
Public
c ommonweallh of Virginia
Reg. #187738
My Commission Expires June 30, 2009
TIA SOUTHERN DEVELOPMEN
The foregoing Dee(. was ac::mow:cdged before me this
:21
day of August, 2007
·
by frank T. Ballif, Manager, Southern Property LLC t/a Southern Develo) mcnt.
ELIZABEtlf a.PAYNE
NOTARY POOLIC
Commoowel!til ot Vi(lllnla
Reg, 111877~
My Commission Exp!m Juna 30, 2008
3
SCHEDULE A
All that certain lot or ::>arcel of land, with improvements thereon and
appurtenances thereto, situatedi in the City 01' Waynes·ooro, Virginia, described as :
follows:
AI thai: certain ·of: or parcel of land, with improvements thereon and
a:o?urtenances thereto, situated in the City of Waynesboro, Virginia, containing
Subdivision, on a p:at fby ~Ivanna Engineering & Surveying, PLC, dated April 5,
2004, and recorded in the Clerk's Office of the Circuit Court of the City of '
The above lot is a portion of the land conveyed to Charles Wm. Hurt and S~uart
F. Carwile, ·:rustees uncler a :anc· irust agreement dated October 9, 1970, by deed from
Margaret A. Sutherland and P. B. Sutherland, her husband, dated October 9, 1970,
recorded in the Clerk's Office of the Circuit Court of Augusta County in Deed Book 565,
page 569; and by deed from Charl~s P. Ajemian, Trustee, dated February·:?, ~ 91f,
recorded in said County Clerk's Office in Deed Book 585, page 574. By instrume~t
dated March 8, 1993, recorded in tne c:er:~·s OJJce ol' the City of Waynesboro in ~eed
I
Book 190, page 767, Stuart F. Carwile resigned as Trustee of the Alphin Farm Laf)d
I
-:-rust anc· Shir:ey ·-· fisher was appointed successor Trustee in his :=>lace and stead.
'
'
4
INSTRUMENT #07000Z982
RECORDED IN THE CLERK'S ;OFFICE OF
WAYNESBORO ON ;
AUGUST 31, 2007 AT 03:33~~
$42.50 GRANTOR TAX WAS PAID AS
STATE:
$21.25 LOCAL:
$21.25
NlCO~ A. BRIGG~,. ~J&t
~b~~f:\ors· ~~
;
060003313
PG 0 11 I
SEP IS~
lMPJJ's: 7861$1, 7861~2 Md 786159
SUPPLEMENTAL DEED OF TRUST
. (Additional Security)
This SUPPLEMENTAL DEED OF TRUST,made this 14~ day ofSeptember, 2006,
by and between HAUSERHOMES, INc., a VUginia corporation ("Grantor") and T HOMAS M. BOYD1
JR., Trustee. of 126S Seminole Trail, Chariottesvill~, Vuginia 22906 ("'Trustee"), recites and
provides:
:RECITALS.
A. By Credit Uno Deed of Trost dated July 28, 2004 (tho "Deed ofTrust"),
rccotded. July 29, 2004, in tho Clc:rk's Office of tho Clrouit Court of the County of Albemarle,
Vuginla, inDeed Book 2807, page 478 (the "Clerk's Office"), Hauser Homes, Inc.. conveyed to
Thomas M. Boyd, Jr.. Trustee, tho real estate desenow in the Deed ofTrust to secure tho payment
ofS3,700,000.00 to Albemarle First Bank, a VIrginia corporotion ("Lender").
B. Lender has requesterl and Grantor has agreed to grant and convey unto Trustee,
asADDDlONALSBCURITXundertheDeedofTrust(andinadditiontotherealestateconveyed.
by the Deed ofTrust), tho real es1ate described below.
AGREBMEN"f.
NOW, THEREFORE, inconsidemtlonofthesumofSl.OO, and otheroonsidemtion,
the receipt and sufficiency of which are hereby acknowledged, Grantor grants and conveys unto
Trustee. with General Wnmm.ty o.nd English CovCWill!a of1iUe, tho following described real estato:
Parcel One:
All that cettain lot or paroel ofland, with improvements thereon and appurt=ces
thereto, sitwru:d in tho Cily ofWaynesboro, Virginia, containing 15,626 squa.te feet,
more or less, shown as Lot 40, Phnso 3, orCharleston P11rk Subdivision, on a plllt
by RivannaEngineering & Surveying, PLC, doted April 5, 2004, and :rccotded in tho
Clerk's O.fficeoftho Circclt Court of!he CityofWaynesboro, Vuginln.inPlatBook
7, pages 119 o.nd 120.
Pqrcel1Wo.·
All that certain lot or parcel of land, with improvements thereon and appurtenances
thereto, situated in the City ofWaynesboro, Virginia, containing l 5,598 square feet,
more or less, shown as Lot 41, Pha.se 3, ofChar{e.ston Park Subdlvialon, on a plat
by Rivnnna Engineering & Surveying, PLC, dated AprilS, 2004, wui recorded in lho
This document PRJ>nn:d by: Scott Xrtmer PLC, Charlottesville, VA
PGO'I/2
SEP ISl!J
Clerk'sOfficeoftheCircuitOlurtoftheCityofWaynesboro, Vlrginio,inPintBook
7, pages 119 and 120.
Parcel Three:
All that certain lot oc pnn:el efland, with improvements 1hereqn and appurtenances
thereto, situated in the CltyofWa'yn.esboro, Virginia, containing 7,788 square feet,
more or less, shown as Lot-48, Pfuue3, of Charleston Park Subdivision, on a plat
by Rivanna:&ginccring & Surveying, PLC, dated April 5, 2004, a.n.d recorded in tho
Clerlc.' a Office ofthe Circuit Court ofthe City ofWaynesboro, Virginia. inPla:tBook
7,poges 119 and 120.
Parcel On~ Parcel Two and Parcel Three are all ofthe properties conveyed lo Hauser
Homes, Ino., a. Virginia corporation, by~ from Charles Wm. Hurt o.nd Shirley L.
Fisher, Trustees of tho Alphin Fann Land Trust, dated September 14, 2006, and
recorded in the Cletk's Offico of th¢ Circuit Court of the City of Waynesboro,
Virginia, immediately prior hereto.
IN TRUST AND AS ADDIDONAL SECURITY to secure !o Lender the paj'II1ent
ofthe indebtedness described in the Deed ofTrust TIIis !nstrumcmt ls exempt from tax pur3uant to
the provisions of Section 58.1-809 oftho Code of Virginia.
All olhcr provisions ofthe Deed ofTrust not clumged by this Supplemental Deed of
Trust aro heroby ratified and confirmed and shall remain in full force and effect.
COMMONWEALTH OF YmG!NIA
COUNTY OF ALBEMA.RI.B, lo·wit
J$'1-t'l
The foregoing instrument was signed, sworn to, and acknowledged before me this
day of September, 2006, by Donald B. Webb, Controller of Hauser Homeo, Ino., n Virginia
corporation, on behalf ofthe corporation. ~ ~
""~"""""00"""'" l:;!~~
__~
Notary
2
b t i o K0
PG 0 113 SEP 15 ¥i
lNSTRUMENT ~060003313
RECOROEa·· IN THE ClERWS OFFICE OF
WAYNESBORO ON
SEPTEMBER 15, 2006 AT 03:33PM
~ .A'/_~R~G62_fLE~ ~--· j
7'/~:M~,~
PG 0030 NOV 20 ~
TMP li's: 786129,786131 nlld 7861~4
SVPPLEl\1ENTAL DEEn 0~ TitUS!
(Additional Security)
Thls SUPPLEMENTAL DEED OF TRUST, made this 8th day ofNovember, 2006,
by and between 1-lAUSERHOMES,INC,, a Virginia corporation ("Grantor") and THOMAS M. BOYD,
Jn., Tmstee, of 1265 Seminole Trail, Chnrlottesville, Virginia 22906 ("Trustee"); recites and
prov1dcs:
RECITALQ.
A.
By Credit Line Deed of Tmst dated July 28, 2004 (the "Deed of Tmst''),
recorded July 29, 2004, in the C1erl<!s Office of the Circuit Court of the County of Albemarle,
Virginia, in Deed Book 2807, page 478 (the "Clerk's Office''), Hauser Homes, Inc., conveyed to
Thomas M. Boyd, Jr., TnlBt.ec, the real estate described in the Deed of Trust to secure the payment
of$3,700,000.00 to AJbemmle First Dan.\ a Virginia corpomtion (''Lender").
B. By Modification Agreement dated September 13, 2006, recorded September 27,
2006, ln the Clerk's Office in Deed Book 3296, page 161, the Deed ofTn1st was modified to
i.nc.rea.'!e the amount secured from $3,700,000.00 to $5,700,000.00.
The Deed of Trust, as moilified and amended, has been supplemented from time to
time by supplemental deeds of trust to place additional real estate under the Deed ofTrust.
Lender has reque.sted and Grantor hos agreed to grant and convey unto Trustee, ns
ADDIDONAL SECOIDTY under1hc Deed ofTntst (and in addition tD the real estate conveyed by
the Deed of Trust), the real estate described below.
AGREEMENT.
N 0 W, TIIEREFORE, in consideration ofthe sum of $1. 00, and other considemtion,
Trustee, with Genernl Warrrurty and English Covenaul'l of Title, tl1e fo1lowing described real estate:
Parcel One.·
All that certain lot or parcel of land, with improvements thereon and appurtenauces
thereto, situated in the City ofWnyne.'1boro, Vlxginia, contalningl3,492 square feet,
more or less, shown as Lot 18~ Phalle 3, of Chm:dcaton ParkSubdivizion, on a plat
by Ri vruma Engineering & Surveying, PLC, dated April 5, 2004, and recorded in the
Clerk's Office ofthe Circuit Courtofthc CityofWuynesboro, Virginia, i.nPlut Book
7, pages 119 and 120.
·nus document prepu.rcd by: Scott Kroner PLC, Churlottesville, VA
farce! Two:
All that certain lot or parcel of land, with improvements thereon and appurtenauces
thereto, situated in the City of Waynesboro, Virginia, conlaining 10,369 square feet,
more or less, shown as Lot 20, Phtml 3, o1Chndellton Park Subdiviaion, on a plat
by Rivanna Engineering & Surveying, PLC, dated AprilS, 2004, and recorded in the
Clerk's Office of the Cixcult Court ofthe Gity ofWo.ynesboro, Virginia, in 1)lat Book
7, pages 119 and 120.
['at£~1
Three.·
All that certain lot or parcel .ofland, with improvements Utereon nnd appurtenances
U\ereto, situated iu the City of Waynesboro, Virginia, contn.ining 10,653 square feet,
more or Less, shown as Lot 33, Plwse 3, of Chnrlc11ton I,urlr. Subdivision, on a plat
by 1?.1. vanna Engineering & SlU'Vcying, PLC, dated AprilS, 2004, and recorded in the
Clerk's Office ofilie Circuit Court of the City ofWaynesbruo, Virginia, in Plat Book
7, pages 119 and 120.
·
Parcel One, Parcel Two and Parcel Three n.ro all of the properties conveyed to
Hau.ser Homes, Inc., n Virginia corporation, by df.eed from Charles Wm. Hurt and
Shirley L. Fisher, T.rustee.s of the Alphin FrumLand Trust, dated November 1, 2006,
und recorded in the Clerk's Office ofthc Circuit Court oftlte City of Waynesboro,
Virginia, immediately prior b.creto.
IN TRUST AND AS ADDITIONAL SECURITY to secure to Lender the payment
of the indebtedness de9cribed in the Deed of Trust. Tius i.ru!tr.urnent is exempt from tax pursuant to
the provisions of Section 58 .1-809 oft11e Code of Virginia.
All other provisions of the Deed of Trust not cluu1gcd by this Supplcroen!al Deed of
TrtLSt are hereby ratified and confirmed and shall remain in full force and effecl
·
Witness llie 1bllowiHg duLy authorized 11ignnture:
2
COMMONWEALTH OF Vffi.Gil'IIA
COUNTY OF ALBEMARLE, to-wH:
\IW
The foregoing instrument W!!..'l signed., sworn to, aud acknowledged before me this
_!_T day ofNovember, 2006, by Donu\d E. Webb, Controller ofHiil.lser Home.'l, Inc., a Virginia
corporation, on behulfofthc corpomlion.
1·
g 31 . b
RECORDED IN THE CLERK·' S OFFICE OF
l·IAYNESBORO ON
NOVEMBER201 2006 AT 02~00PH
NICOLE A. BRIGGS, CERK
i~{cSflios~· oBS ~~~
3
07000015Q
PG 0006 JAN l1 !;
SUPPLEMENTAL DEED OF TRUST
This SUPPLBM;ENTAL J?EBD OF TRUST, made this llu. day of Januaxy, 2007,by
and between liAUSERHOMES,lNC.,a Virginia corporation ("Gtanto~ andTHOMASM.BoYD,JP..,
Trustee, of 1265 Seminole Trail, Charlottesville, Virglnilf22906.("T~teo")1 recites and provides:
RECITALS.
A. By Credit Line Deed of Trust dated July 28, 2004 (the "Deed of Trust"),
recorded July 29, 2004, in the Clerk's Office of the Circuit Court· of the County of Albemarle,
Virginia, in Deed Book 2807, page 478 (the "Clerk's Office"), Hauser Homes, Inc., conveyed to
Thomas M. Boyd, Jr., Trustee. the lUI estate described in the Deed ofTrust to secure the payment
of $3,700,000.00 to Albemarle First Bllllk, a Virginia corporation Wld division ofR.ocldngluun
Heritage Bank f'I.cnder").
B. By-Modification Agreement dated September 13, 2006, recorded September 27,
2006, In the Clerk's Office in D~d Book 3296, page 161, the Deed of"Trust was modified to
increase the amount secured from $3,700,000.00 to $5,700,000.00.
The. Deed ofTrust, as modified and amended, bas been supplemented from time to
time by supplemental deeds of trust to place additional real estate under the Deed of Trust.
Lender has requested and Gmntor has ~to grant and convey unto Trostee, as
APQIDONAL SECURITY under the Deed ofTrust (and in addition to the real estate conveyed by
AQREEMBNI.
NOW, THEREFORE, in consideration oftile sum of$ 1.00, and other consideration,
the receipt 1111d sufficiency of which are hereby acknowledged, Grantor grants and conveys unto
Trustee, with General Wa.tranty and Bcglish Covenants ofTitle;the following desco'bcd real estnte:·
Parcel One.·
All that certain lot or parcel ofland; with improvements thereon and appurtenances
thereto, situated in'\he City ofWaynesboro, Virginia, containing 21,809 square feet,
more or less, shown as Lot 6, Phase~. of Charleaton Park SubdiVilion, on a plat
by Rivaona Engineering & Surveying. PLC, dated May 30, 2001, and recorded in the
Cle:rk's Office ofthe Circuit Court ofthe CityofW~ynesboro, Vuginia,inPJatBook;
7, ppge 79-81. ·
Thla document prcparc;d by: Scott Kroner PI,C, Charlott83villc, VA
........
______
. .
-·----- - - --
[;)Go•o .Ls-t-r~J0o,
07- ()0 00 1.50
~GO O O 1 JAN n6
Parce/1Wo:
All that certain lot or parcel of land, with improvements thereon and appurtenance:~
thereto, situated in the City ofWa)'neaboro,'Virginia, <:antalning 15,900 square feet.
more or less, shown as Lot 8, Phue 2, of Char*ton Park Subdlv.Lalon, on a plat
by Rivanna Engin.ceriDg & Surveying, PLC, dated May 30, 200 I, 81\d recorded~ the
Clerk's Office ofthe Circuit Courtoflhc City ofWaynesboro, Virginia, lnPlatBook
7, page 79-81.
Parcel Three:
All that certain lot or parcel ofland, with improvements 1heteon and appurtenances
thereto, situated in the City ofWaynesboro, Vtrginia, containing 14,611 square feet.
more or less, shown as Lot 18, Phue l, or Cbarletton Park Subdivillon, on a plat
by RiVIUlllAE.ngincering & Surveying, PLC, dat.od. May 30, 2001, and recordcOl in t':le
Clerk's Office ofthe Cixcuit Court ofthe City ofWaynesboro, Virginia, in PlAt Book
7, page 79-81 .
Parcel One, Parcel Two and Parcel Three are all ofthe properties conveyed to Hauser
Homes, Inc., a V11ilnia corporation, by deed from Charles WITL Hurt and Shirley L.
Fisher, Trustees of the Alphin Farm Lllnd Trust, dated January !U. 2007, and
recorded in the Clerk's Office of the Circuit Court of the City of Waynesboro,
Virgirua, imm«.iatcly prior hemO.
IN TRUST AND AS AUR,IDO:~a:,..Si2CUEJIY_ to secure to Lender tho paymant
ofthe indebtedness described in the Deed of Trust. This inatromcnt is exempt from taX pursuant to
the provisions of Section 58.1-809 of the Code ofVirgio.la. .
All other provisions ofthe Deed ofTrust not cllangcd by this Supplemental Deed of
Trust are b.ereby ratified and confumed and shall remain in full force and effect.
Witness the followin8 duly authorized signature:
2
:--------------------------------------------
PG 0008 JAH 11 ~
COMMONWEALTI1 OF VIRGOOA
COUNTY OF ALBEMARLE, to-wit: .
~
The foregoing in.s1rument was signee~, sworn to, and aclmowledgcd befOitl me this
-/5!. day of January, 2007, by Donald B.' Webb; Controller of Hauser Homes, Inc., a Virginia
corporation, on behalf ofthe corporation.
~
.
............ "\-lo.!\\
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1NS1RUMENT 1070000150
RECORDED IN THE CL~K'S
WAYNESBORO ON
.
iil~ "t'::
OFHC:~
OF
JANUARY 17, 2007 AT 09:36AM
NICOLE A.~GS' CLERK
Me~ sv~ris~ ~~
3
PG 003 I
010000738
HAR-8 b
TMP N's: 785954 and 78595S
SJ,JPPLEMENTAL DEED OF 'J;RUST
(Additional Sec_urity)
of
This SUPPLEMENTAL DEED OF TRUST, made thjs '"f' day March·, 2Q07, by
and between IIAJJSE.RHOMES, INC., a Virginia corporation ("Gtimtor") and THOMASM.Bo)'D,J.R.,
Trustee, o( 1265 Seminole Trail;
·
. Charlottesville;. Virginia 22906.(''Tr:ustee''),
. . recites and provides:
.
. RECITALS . .
A. By Credit Line Deed of Trust dated July 28,' 2004 (the· "Deed of -TruSt"),
recorded July 29, 2004, in the Clerk's Office of the Cifcuit Court of the Couuty of Albemarle,
Virginia, inDeed ~oak 2807, page 478 (the "Clerk's Office''), Hauser Homes, Jnc~· convey~ to
Thomas M. Boyd, Jr., Trustee, the real ~tate describe(! in the Deed ofTrust to secure the payment ·
of $3,700,ooo:oo to Albemarle· First Bank, a Virginia corporation and divisioii of Rocl!:ingbam
· Heritage Bank ("Lender")." .
.·
··
· ·
·
B. By Modification Agreement dated Septem~ 13, 2006,·recordedSeptember 27,
2006, in the Clerk's Office in Deed Book 3296, page 16l, the Deed. of 1'nisi was modified to
increase_the amount·seepred _from S3,700,000.1!0 to S5, 700,00?.00.. · ..
The Deed of Trust, a.s modified and amended, ha;; been supplemented from tbne to .
time by supplemental deeds qf tiust tci plaC\l additioJ¥11 real estaie under the Deed ofTrust.
. .
.
Lender has requested ~d Grantor has agreed to gnint and.con~ey tlllto Trustee, as
. ADDWQNAL SECURITY tlllder \he Deed ofTrust.(and in addition to the rearestatll conveyed by
the Deed of Trust), the~ estate described ~low. ·
AGRHEMENf.
NOW, 1HEREFORE, incoosideratlon ofthe sum ofS 1.00, aod otherCOIISideration,
the receipt and sufficiency of which are hereby" acknowledged, Grantor· gran!s and conveys unto-·
Trustee, with
. General .WlllTIIllty and English Covenants ofTitle:
. the folloWing described reat estate: ·
Parcel One:
All that certain lot or parcel of land, with improvements thereon and appurtenances
theretO, situated in the City ofWaynesboro, Virglnla, containing 17;1.76 square feet,
more or less, shown a.s Lot 1.7, Phase l, of Charleston Park Subdivision, on a plat
by Rivanna Engineering & Surveying, PLC, dotedMay30, 2001, and recordediit the
Clerk's Officeoftho Circuit Courtofthe CltyofWaynesboro, Virginia, In Plat Book .
7,page 79-81.
·
This do<:wnent prepared by: Scott Krooer PLC, Charlotlc.!villc, VA
())13oro
_:r:-~~
() -:r 0 0
CD 9" '3 <6'
t-So ·
PG 0032 HI\R -8 b
Parcel Two:
All that certain lot or parcel of land, with improvements thereon and appwtenances
:thereto, situated in the City ofWaynesboro; Virginia, containing 16,375 square feet,
more or.less, sho~ as Lot 18, Phase 2, of Charleiton Park Snbdivi,Uon; Oii a p:lat
by Rivanna Engineenng & Surveying, PLC, dated May 30; 200 i, andreccJded in the ·
Clerk's Office ofthe CitcuitCourt ofthe City ofWaynesboro, Virginia, ui.PlatBook
7, page 79-81.
. Parcel<;>nc and Parcel ~o are all of the properties conveyed to He.uSer Homes, Inc., ..
a Virgini!i corporation, by .deed from Charles Wm. Hurt and S~ley L Fi~her,
Trustus of the Alphin Fami.Land Trust; dated March 6, 2007; and recoide4 in the
Clerk's Office oftheCircuitCourt ofthe CitY ofWaynesboro, Virginia, im.medintely
prior hereto.
·
·
IN TRUST AND AS ADDmQNAI. SECURITY to secure to Lender the payp1cnt
ofthe indebtedness described in tho Deed of Trust: This instrument is exempt from tax pursuant to
the ~rovisions of Section 58.1-809 ofthe Code ofVirgillja.
..
.
. All other provisions ofthe Deed ofTrust not changed, by_this Supplemental Deed of
Trust are hereby ratiti.ed and con.fiimed and shal] remain in full force 80C: effect. ·
Witness t:Je fo:lowing ~u~y authorized signature:
COMMONWEALTH OF VIRGINIA .
COUNTY. OF ALBEMARL~ to-wit:
The foregoing instrument was signed, sworn to, and acknowl~goq before me this
day _o f March, 2007, by Dpnald E. Webb, .Controller of Hauser Homes; Illc., a Virginia
corporation, on behal~ of the corporation.
-7'
My conUnission expires:'· -'-'~JH7.rmrmzt.
PG 0033 n~R -a S
lNSTRVtlENT #070000738
RECOROEO INTHE CLERK'S OFFICE Of
WAYNESBOROON
MARCH a, 2007 AT 03:43PM •
NICOLE A. BRIGGS, CLERK
RECORDEDBY: NAB
~~131/jr
0700 008 i4
PG 0 I .?J.fiAR 15 8
-····'..,.,.....
'11111' ~: 7a.\95J
Qt,,~ .\o ~alet.i~
. ~1\~()'le(.
. ............,
Y\Jl0.1'c.h t'S· 2001
SUPPLEMENTAL DE.ED 01,1 TRUST ·. ' ~.u. ..
(Additioncl Security)
Tl)i3 SUPPLEMENTAL.DF.ED OF TRUST,~ this 15~ day of March, 2007,'by
and bctWtGnii.wsmlloMBS,lliC.,Il Virgioiacorporatio!l r:Grnn'.or") and 'J,',.IIOMASM.B<ii'D,JR.,
Trmtce, of 1265 Seminole Trail, Ch.arloltesYille,·virginla 22906 ('TfUSt(c "), reci)tS and provides:
RECIT(U.S.
cruut
J\. By
llic D~·or' 1'tust dated JulY. 28, 200.fttlxi •Deed of Trost:'),
recorded July 29,2004, in tho Clerk's Office of tho-C!rcuit.Cowtoftho County of Albemarle,
Virginia, in Deed Book 2807, page 478 (the "Clak's Oflict"), Hauser lloiiiCil, Inc., convoyed to
Thomas M. Boyd, Jr., Ttu:itee, tho real ~tc described in the'peed of·Trust to sc;;;ure the payment ·
of S3,700,000.00 1o Albcmarlo First Baal:, a Virgioitl. OOrpOiation !IDd divisioo of R.odingbam
Heritage Bank (".Lcilder"). .
D•. By MOdification Agretmcnt d.aled September 13, 2006, ttX:ordid.Septanbcr 27,
2006, In the Clerk's Office in ~ Book 3'296, Jln&C 161; tho Deed ·of Trust wa! rnodifie.:i to
increase the nmount secured from S3, ?QO,OOO.OO to $5,700,00:1.00.
· · The Dcoo ofTrust, ns modified and II!D'auiod, lw ~supplemented from time to .
time by supplemental deeds oflnl!lt to pis.ce additiolli'J real cstnUl under thtl Deed of Trust .
. .
..
.
La!dct has rtques!cd and Grantor has 8grced to grant l!lld conv~ unio Tru,nce, Ill
ADDIDONAL SUCURITY under the Deed ofTJ;USt (snd in addition to !h_;~ J:State oonvcytXi by
the Deed of r rust), tho n:al cs1a1o described below.
•,
...... . . .
•
•
.... . . . . 11 ... ,
•
•
AQREllMENf.
NOW, TlillREFORE,1n considemtion ofthe sum ofSl.OO,'l!li.Uolhcr consideration,
the receipt nud suincieooy ofwhicl!. {!I'C ~eby mow! edged, Ornolor ~ e.nd coovoys unto
T~ with.Gcncml Wemnty end English Con.mmts ofTitl~ tl:-e following tl~ri¥ TCll1 estaJG:
All tll3.l ccrteio lot oc parccl oflm:l, with irnprovt=nl, th:=o nod appumnances
lhcn.-to, xi tuslcd Inthe Ci\Y ofWayoC3 born,Ylrgi.o.ia, contailiwg 16,993 So.uarc fet<,
more or less, shown as Lot2G, Pllml, ofCb ll'tJ~o·d'Pnrk Sn!xlivWou; on 11 plat ·
by lUV8llll8 Engiocp:ing & Sumyini, PLC, dated MAy 30, 200 l, and recorded ui the
Clerk's Offiee ot'the'cirtui t Cowt of the City ofWayneslxllo, Virginia; In Plat Book:
7, pago 79-Sl; 8lld being tl:-e se.mc property convey¢ in Hau.<er Homes, Inc.1 a
Virginin corporation, by deed irom Chmies WI!L ijwt f!!'.d Shirl cy L. fisher, Trustccs
of tho Alphiil Fcnn land Trus~ doted March 12, 2007, IIJld rcconled in the Clerlc.'s
Offiell of tho Circuit Coo.rt of the City ofWnynesboro; Y'uginin, immedio.iely prior
hereto. · · · · ·
· .. ... ·
·
.... ··· ·· ·
/Pl3oro ]:'l'\.$tl'~ NCJ.
o1~ooo o'D !Lf
~G 0! 28 HAR·\5-6··· .
IN TRUST AND AS AY2'Jlm!A.$:.C!ll"IY. to s =·to I.:=!c:r llzopa~t
This ins+.iument is exempt from tax pU!Suant to
the provi.sioll!l.ofSition ~8.1-809 of the COde of Virginia. . · .
of~ indehtodness described in the 1Y.cl ofTrust
All o!her provisioll!l ofthe Da;d or'Trust oot changed by'thU SupplemCDial Deed uf
Trust are berc!Jr 'ratifioo 'an~ confirmed and sha';! remain iii'fu1'l'orcc end effect.
·
. .. ' •
Witnc3' ~~allowing c.u:;y~orizro si~urc:
~ps.iRHo*-s,' £tic.
. .· ...
COMMONWEALTH OF VIRGINIA
COUNTY 011 AI.Uil:MAJ(2, to-wit:'
.
. .
. .
.. _,.:
.
. .·, ·.
)$i~
'l11c foregoing i.n3trument was signed, swom lo, and eckoowledgcd bcforo me ':lis
_t' _day of Me.rcll, 2007, 'JY.Jonid !3. Webb, Controllcr' of Haus:r Homes, Inc., a Virginia
.
corporation, on behAlf of the cor.:JOmlion.
··
·
.. .. UISTnt'HENT D07Jlilll.Q.8l4
RECORD3l ffi'H£ CLE~< 'S OFfm: OF
~AYNESBORO ON
· i1tHC:1 ~.s , 2007 Ai 03:31Pii
tnCOLh A_n BRIGGS, CLERK
-~R~O~~~
2
07fJOOI555
PG 0069 liAY15 5 ~:v -w '/oJet..it. · G.~d... .
· 'Sc.c-H
.
K(~e(
Y'A.Otj
l5/200l
TMP #'s:78S9S2, 185960 & 1859GI
SUPPLEMENTA~ DEED OF TRUST
(A<)ditioilal Security)
. This SUPPLEMENTAL DEED OF TRUST, ma?c this 15th day ofMay, 2007, by and ·
between HAUSER HOMES, INC., a Virginia corporation ("Graillor') and THOMAS M. BOYD, jR,, ·
Trustee, of 1265 Seminole Trail, Charlottesville, Virginia 22906 ("Trustee"), recites and provides:
RECITALS.
A. By Credit Line Deed of Trust dated July .28, 2004 (the· "Deed of Trust"),
recorded July 29, 2004, in' the Clerk's Office of the Circuit Court of the County of Albemarle,
Virginia, in Deed Book 2807, page 478 (the ''Clerk's Offic~·'); Hauser.Homes,.Inc., co~veyed to .
· Thomas M. Boyd, Jr., Tru!e'e, the fe!lf eState described in the D~ ofT~ust t\) secure ~e payment .
of $3,700,000.00 to Albemarle First Bank; a Virginia corporation·and division of R.ockinghrun ·
Heritage Bank ("Lender").
·
·
.
.
· · B. By Modification Agreement dated September 13, 2006, recorded September 27, ·.
2006, in the <;Jerk's Offi~:in Deed Book 3296, page 161, the Deed·
rust was mOdified to
increase the ariloun~ secured from $3,700,00~.00 'to $5,700,000.00.
ofT
The Deed o[Jrust, as modified apd.amendcd, has been supplement~ from time to
time by supplemerital deeds of trust to phice additional real esta~ under· the Deed ofT rut. · · · .
. ·.
.
.
.
.
.
.
Le~dcr.has reque5ted and Qrantor has agreed to ~ant arid eonvey WJto Trustee, a.S ·
ADDillONAL SECURJTX under the Deed ofTrust (and in addition to the real estate conveyed by
the Deed ofTrtist); the real estate describe<! below.
AO~EMENT.
.
.
NOW, THEREFORE,'in consideration of.theslim.of$1.00, and other consideration,
the 'receipt and sufficiency of which ~hereby acknowledged, Giantor grants and .conveys.'untq
Trustee; with General. Warranty
and English Covenants
of.Tiile; the following described
·real es!lite:. ·
. .
.
.
Parcel One:
All that certain lot or parcel of land, with improvements thereon and app~enances. :
thereto, situated in the City ofWaynesboro, Virginia, containing 16,,153 square feet, . .
more or less, shown as Lot 25, Phase 2, of Charleston Park Subdivision; ori a plat ·
by Rivanna Engineeri11g &Surveying, PLC, dated May 30, ioo 1, and recorded in the
Clerk's Office oftbe Circuit Couit of the City ofWaYnesboro, Virginia; in Plat Book
7, page 79-81. ·
··
Thls docwncnt prepared by: Stott Kronet PLC. Charlotle!vlUe, VA
tU Boro
.IAs-tr~ !'t.};y.
o roo 01 s s-s
PG0070 HAYISb
Parce/ZWo:
Ali _that certain lot or parcel of hind, with improvements thereon and appurtenances ·. ·
(l~reto, sit~ted ~the City ofWaynesboro, Virginia, containing 16,697 square feet,:
more·or less, shown i\S Lot 33fPltase2, of Charleston Park"Subdivisioil, on a plat
by Rivanna EngmeCrln~ & Survey~, PLC, dated May 30, 200 1~ and recoi:ded in the
. Clerk's O.ffite the Circuit Court of the City of. Waynesboro, Virginia, in Plat Book
7, page 79-81: ·
of
·~arcel Three:
Au that certain lot or parcel of land, will:\ improvements thereon and appurtenanceS
thereto, situated in the City ofWaynesboro, Virginia, conta_ining 19,048 sqtia.re feet, ·
more or less, shown as Lot 34, Phase 2, of Charleston Park Subdivision~· on a plat · .
by Rivanna Engineering & S~cying, PLC, .dated M~y 30,2001; and r~corded in t.he
Cle.rk's Office.ofthc Circuit Coiutofthc Cjty ofWayne:;boro, Virg!J.Ua, in Pl.at Book.
· 7, page 79-81. ·
·
Parcel One, Parcel Two and Parcel Threeareall·ofthe propertieS conveyed to Hauser ,
Homes, Inc., a Virginia cotparation, by deed from Chnrl~-wm. Hurt and S.hir!7Y L.
. Fisher, Trustees offue A.p:lln ?ami Land Trust, dated.May 2, 2007,_and recorded in
the Clerk's Offi~
the drcuit Court of. the City of Waynesboro,· Virginia, .
immediately prior hereto.
·
·
·
· ·
of
IN TRl!ST AND AS ADDITIONAL SECURITY" to secuie to Lender the payment
ofthe indebtedness des~ribed in the Deed of Trust. This"iosbllll'lent is exempt fromfuX purSUtlflt to
the provisions ofSection :ss:r-8~9 of~e Code of VIrginia._·.
·
·
·
. All other provisions ofthe Deed ofTrust not changed by this Supplemental ~ed of ·
Trust are here)>y mtificd.and·cQrifuined ao_d shall remain in full force and effect
.
. . ...
. ~$~ .
Witness the following
dul~ authorize~. si&I:Wtur~:
.
·
. HA~SilRH
MES INC.
I
By·
.
£,·~ ·' · <~,,(.,¥>"" ~· .•,_ c>'~·.W
!!'"_;t\'_... f.-:;!;'
f,f· ·~ ""/(: V.:J:
.
~......-~
- ~...Ji~~ ~ . ~~!~1 ·;,:•
~~~~~f-~1~-~ ~
oawiWebb~~- *~~~f/
.
2
,;.;•,1~'!-~~r.~
. ~It~~---··-... ;~ ~"'
. ~ ~ •· · ' l~"· \t;l. ~ b .
.
.
{I
~.~"7$")ll)~+'
P.-i·~·lfiJI,IIt'A...,,,.,.,
,y;
~tp.·
PG 00l l MAY 158
COMMONWEALTH OF VIRGINIA
COUNTY ·op ALBEMARLE, urwit:
•
·~ .
The foregoing instnunent was signed, s\Yom to,.and acknow!Cdged before me this
. ':.JSeay of May, 2007, oy Donald E. Webb, Controller of Hauser Homes, Inc.,. a Vlrgip.ia
c<irporation, on behalf of the corporati~n, .
./
:
·.
··
· .
. ·
My commission expires:._· ---=:%,,!--.
/,....331/'r-1-2-~"1
INSTRUMENT 3070001555.
RECORDEO IN THE. CLE~;('S OFFICE OF
WAYNESBORO ON ·
MAY 1St ·2007 AT 03:59PM
NICOL~~BRIGGS,
CLERK
RECOR~fJW:'1AM
3
., ...
·,_i
@79002360
TMP78Sm
Recurn to: Scott Kroner, PLC
P.O. box 2737
Cbarlott~~Jo, VA'Jl9(0.
A~tM.f-~~rCtMfrc_~ "DeU.v~ 7ft8f07
SUPPLEMENfAL DEED OF TRUST
This SUPPLEMENTAL DEED OF 1RUST, made thls 15th day ofJuly, 2007, bY. and
between HAUSER HOMES, INC., a Virginia corporation C'Grantor'') and THOMAS M. BOYD, JR.,
Trustee, of1265 Seminole 1f.ill, Charlottesville, Vuginia 22906 C'Trustee"), recites and providt.s:
RECITALS.
A. By Credit Line Deed of Trust dated July 28, 2004 (the "Deed of Trust"),
recorded July 29, 2004, in the Clerk's Office of the Circuit Court of the County of Albemarle,
Vizginia, in Deed Book 2807, page 478 (the "Clerk's Office''), Hauser Homes, Inc., conveyed to ·
Thomas M. Boyd, Jr., Trustee, the real estate described in the Deed ofTrust to secure the payment
of $3,700,000.00 to Albemarle First Bank, a Vuginia corporation and division of Rockingham
Heritage ·Bank ("Lender").
B. By Modification Agreement dated September 13, 2006, recorded September 27,
2006, In the Clerk's Office In Deed Book 3296, page 161, the Deed of Trust was modified to
inc~e the amount secured from $3,700,000.00 to $5,700,000.00.
The Deed of Trust, as modified and amended, has been supplemented from time to
time by supplemental d~ of trust to place additional real estate under the Deed ofTrust.
Lender has requested and Grantor has agreed to grant and convey unto Trustee, as
APDWONAL SECURITY under the Deed ofTrust (and in addition to the real estate conveyed by
AGREEMENI.
NOW, THEREFORE, in consideration ofthe sum ofSl.OO, and other consideration.
Trostee, with General Wammty and English Covenants ofTitle, the following described real estate:
All that certain lot or paitel of land, with improvements thereon and appurtenances
thereto, situated in the City ofWaynesboro, Virginia, containing 19,238 square feet,
more or less, shown a.s Lot 24, Pluue 2, ofCharl~ton Park Subdiv!Jlon, on a plat
This document p~epmd by: Scou Kroner PLC, Charlottesville, VA
by RivllllilB. Engi.neenng & Surveying, PLC, dated May 30, 2001, and recorded iu the
Clerk's Office ofthe Circuit Court ofthe City ofWaynesboro, Virginia, In Plat Book
7, page 79-81; and being all of the property conveyed to Hauser Homes, Inc., a
Vrrginiacorporation, by deed from Charles Wm. Hurt and Shirley L. Fisher, Trustees
ofthcAlphlnFan:nLand Trust, dated July 9;2007, and recorded in the Clerk's Office
of the Circuit Court ofthe City ofWaynesboro, Virginia, immediately prior hereto.
IN TRUST AND AS ADDIDONAL SECURITY to secure to Lender the payment
ofthe indebtedness tescribeC. in the Deed of Trust This instrument is exempt from tax pursuant to
the provisions of Section 58.1-809 of the Code ofVirginia.
All other provisions of(1e )ee() oC'rust not cllanged by this Supplemental Deed of
Trust are hereby ratified and confirmed and 3ha11 remain in full force and effect.
Witness the following duly authorize~ signature:
HAU~ER.H ,INc.
By:
.
~£~~
'~.webb, Controller
COMMONWEAL1H OF VIRGINIA
COUNTI
m A:.:H .\fARLE, to-wit:
;-ft.
The foregoing instrument was signed, IIWOm to, and acblowlcdged before me this
a Virginia
corporation, on behalf of the co.tporation.
f.£_ day of July, 2007, by ;)ona!d E. Webb, Controller of Hauser Homes, Inc.,
Notary Public
Notary registration number:
sly);. t>/o
'S.iJ0 2
RECO·ROED 4NTHE CLERK'S OFFICE OF
WAYNESBORO ON
JUlY 18t 2J07 AI 02!41~~
NICOLE A. BRIGGS, C~K
/V {t_~.A."
~
RECORDED BY: DBS
"J)&~
2
' 11·; ·, 11.1
oil
' •JI
1·.
~
PG 0 I 17 AUG 31 S
970002983
TMP786139
0J
Underwriter foe1s\\J~~t: ~qo nrte rnsul1Jlce Company
~ncr, 1
Return to: Pou
PLt
P.O. Box 2737
/(
~lfct&~~LE.MENTAL
DEED OF TRUST
This SUPPLEMENTAL DEBD OF TRUST, made this 31" day of August, 2JXJ7, by and
between HAUSER HOME'), INC., a Virginia corporation ("Ordntor") and THOMAS M. BOYD, JR., of 1265
Seminole Trail, Charlottesville, Virginia 22906 ("Trustee"), recites and provides:
RECITALS·
A. By Credit Line Deed of Trust dated July 28, 2004 (the "Deed of Trust"), recorded July
29,2004, in the Clerk's Office ofthe Circuit Court of the County of Albemarle, Virginia, in Deed Book 2807,
page 478 (the "Clerk's Office"), Hauser Homes, Inc., conveyed to Thomas M. Boyd, Jr., Trustee, the real
estate described in the Deed of Trust to secure the payment of$3,700,000.00 to United Bank, successor by
merger to Albemarle First Bank, a Virginia corporation ("Lender").
B. By Modification Agreement dated September 13, 2006, recorded September 27, 2006,
in the Clerk's Office inDeed Book3296, page 161, the Deed of Trust was modified to increase the amount
secured from $3,700,000.00 to S5,700,000.00.
Lender has requested and Grantor has agreed to grant and convey unto Trustee, as
AQDmONALSECURITY under the Deed ofTrust(and in addition to the real estate conveyed by the Deed
of Trust), the real estate described below. The parties now desire to amend the Deed of Trust as follows:
AGREEMENT.
NOW, THBREFORE, in consideration of the sum of S1.00, and other consideration, the
receipt and sufficiency of which are hereby acknowledged, Grantor grants and conveys unto Trustee, with
General Warranty and English Covenants of Tttle, the following described real estate:
All that certain lot or parcel of land, with improvements thereon and appurtenances thereto,
situated in the City of Waynesboro, Virginia, containing 7,800 square feet, more or less,
shown as Lot 28, Phase 3, of Charleston Park Subdivision, on a plat by Rivanna
Engineering & Surveying, PLC, dated AprilS, 2004, and recorded in the Clerk's Office of
the Circuit Court of the City of Waynesboro, Virginia, in Plat Book 7, pages .119 and 120;
and being nil of the property conveyed to Hauser Homes, Inc., a Virginia corporation, by
deed from Otarles Wm.Hurt and Shirley L. Fisher, Trustees of theAiphinFannLand Trust,
dated August 27, 2007, and recorded in the aforementioned Qerk's Office, immediately
prior hereto.
This docwncnt prepared by: Scott Kroner PLC, Charlottesville, VA
PG 0 I I 8 AUG 31 ~
IN TRUST AND AS ADDIDONAL SECURITY to secure to Lender the payment
of the indebtedness describeQ. in the Dero of Trust. This instrument is exempt from tax pursuant to
the provisions of Section 58.1-809 of the Code of Virginia.
·.'·>~.... ~
All other provisions of the Dero of Trust not changed by this Supplemental Deed of
' 'c ·:. .
Trust are hereby ratified and confumed and shall remain in full force and effect
1111''"""""''''
,,,,., --< n~
HAUSER HOMES lNc.
B.
I.
. ""'+, .. ·. -·
~~ 0 ~~.~··.·::··...
'_.· \.tv.. 1"Ji •.,
-~
Witness the following duly authorized signature:
-- ~:-~
.
E J: C·· : •' ,'4
: :U : ~i
_4.
........ . .'t
·.._ .,J~;
~
~
~: t~ :: ·
~~~
~~!.\~ · .~ $j~:
"f..
.,_ \,0,
"11'~-... .l.. fi
Y~~~
•••,,.
..........~~
naldE. Webb, Controlle
~\,.~
·~ 0~~,....~
" 11 l:ltlfUHl l\\~\
COMMONWEALTH OF VIRGrNIA
COUNIY OF ALBEMARLE, to-wit:
l~+
The foregoing instrument was signed, swom to, and acknowledged bCfore me this
.3[ day of August, 2007, by Donald E. Webb, Controller of Hauser Homes, Inc., a Virginia
corporation, on behalf of the corporation.
RECORDED IN THE 0LERK'S OFFICE OF
WAYNESBORO ON
AUGUST 31t 2007 AT 03:35PM
NICOkf A. BR~G~)ERK
REc~~ sv! ·'O'es'&t?~
2
..
CONTRACTFORPURCHASEOFPROPERTY
AT FORECLOSURE SALE
(Tax Map No. 786151)
TI-llS CONTRACT OF PURCHASE made and entered into this 23
111
day of January,
201 3, by and between _ __ _ _ _ _ _ __ _ _ _ _ __ _, Purchaser(s), and
NANCY R. SCHLICHTING, Substitute Trustee.
The real estate for sale is designated as:
A ll that certain lot or parcel of land, with improvements thereon
and appurtenances thereto, situated in the City of Waynesboro,
Virginia, containing 15,626 square feet, more or less, shown as Lot
40, Phase 3 of Charleston Park Subdivision, on a plat by Rivanna
Engineering & Surveying, PLC, dated April 5, 2004, and recorded
in the Clerk' s Office of the Circuit Court of the C ity of
City of Waynesboro Tax Map No. 786151
(the "Property").
WHEREAS , Purchaser was last and highest bidder at the public auction for the sale of the
rea l estate known as City of Waynesboro Tax Map No. 786 15 1 having made a last bid of
$_ _ _ _ _ _ _ _ ; and
WHEREAS , Purchaser did pay to Nancy R. Schlichting, Substitute Trustee, as a deposit
the sum of $5,000, the receipt of which is hereby acknowledged by the Substitute Trustee.
NOW, THEREFORE, in consideration of the premises, the parties do hereby agree as
follows:
1.
That Purchaser shall pay to Nancy R. Sch lichting, Substitute Trustee, the balance
of the purchase price, by wire transfer or certified or cashier' s check, at settlement.
2.
At settlement, Nancy R. Schlichting, Substitute Trustee, shall de liver to
Purchaser a deed with Special Warranty of Title convey ing the Property to Purchaser.
3.
Settlement shall be held at the offices of Lenhart Obenshai n, I 00 10111 Street,
N.E., Charlottesville, Virginia, on or before 2:00p.m. on February 22, 20 13. Possession of the
Property shall be given at settlement.
4.
Purchaser agrees this Contract is not contingent upon Purchaser obtai ning
financing from any third party and sha ll be treated as a cash sale. Purchaser further agrees thi s
Contract is not contingent upon an appraisal of the Property being equal to or greater than the
Purchase Price.
5.
The Property is sold "AS IS" wi th all faults and without reliance on any warranty
of any kind whatsoever and hereby accepts the Property in the cond ition as of the Contract Date.
6.
Cost of deed preparation, grantor' s tax and prorated real estate taxes shall be paid
by Seller. All other costs shall be paid by Purchaser. Each party shall pay its own attorney ' s
fees.
7.
T ime shall be of the essence with respect to settlement. T he deposit sha ll be
appl ied to the cred it of successful bidder at settlement; or, in the event of fai lure to complete
settlement within the time set forth after the date of sale, in accordance with the terms of sale, the
deposit shall be forfeited and applied to the costs of sale, including T rustee's fee, and the
property shall be resold at the cost and expense of the defaulting Purchaser.
WITNESS the fo llowing signatures and seals.
I, Nancy R. Schlichting, Auctioneer, do
hereby certify that the above-li sted price
was the highest bid received at the auction
of the aforesaid Property.
Purchaser
Purchaser
Dated this 23 111 day of January, 20 13.
Nancy R. Schlichting- Auctioneer
S ubstitute Trustee

foreclosure sale of valuable real estate at public auction sale on

Transcription

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