FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION:

5189 Coventry Lane, Barboursville, VA

Albemarle County Tax Map No. 02100-00-00-45BO

SALE ON FRIDAY, May 17, 2013AT11:00 A.M.

SALE AT THE ALBEMARLE COUNTY COURTHOUSE - --

Lenhart Obenshainpc NANCY R. SCHLICHTING Attorney at Law

Direct: (434) 220-6108 nrs@.lolawfirm.com

Dear Sir/Madam:

April 23, 2013

100 10th Street, N.E. Suite 300

Charlottesville, Virginia 22902

Phone: (434) 220-6100 Facsimile: (434) 220-61 02

www.lenhartobenshain.com

I enclose a copy of the sale ad regarding prope1ty for which we will be conducting a foreclosure sale at public auction on Friday, May 17, 2013, at 11:00 a.m., at the Albemarle County Circuit Courthouse, 501 E. Jefferson Street, Charlottesville, Virginia.

I do not know what the fo reclosure sale price for this prope1ty will be, since it will be a sale at public auction. The 201 3 Albemarle County tax assessed value is $518,700.

In my opinion, one of the reasons why fo reclosure 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 sales agent community because, of course, usually the local real estate brokers and sales agents have no financial 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 sales agent who identifies the successful bidder at sale. In other words, if you send me the name of "your buyer" by 10:00 a.m. on Wednesday. May 15. 2013. and the bidder identified by you turns out to be the successful bidder at sale (and closes, of course), I will pay you a commission of 2% of the gross proceeds of sale. (As is usual in these cases, "your 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.lenhartobenshain.com or http://lenhartobenshain.weebly.com) for further details regarding this sale and other sales that are being handled by this fi rm.

NRS: lmg Enclosure cc: Patri cia L. Botkin I Frum Credit

Very truly yours,

Nancy R. Schlichting

Charlottesville • Harrisonburg

TABLE OF CONTENTS

Sale Ad: Terms of Sale

Source Deed

Current Deeds of Trust

Plat

Pictures

Sample Foreclosure Auction Contract

Nancy R. Schlichting Lenhart Obenshain PC 100 10th Street, N.E. Suite 300 Charlottesville, VA 22902 Telephone: ( 434) 220-6108 Fax: ( 434) 220-6102 nrs@lolawfirm.com

FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION

5189 Coventry Lane, Barboursville, VA 22923 Albemarle County Tax Map No. 02100-00-00-45BO

SALE ON FRIDAY, MAY 17, 2013 AT11 :00 A.M.

SALE ON THE FRONT STEPS OF THE ALBEMARLE COUNTY COURTHOUSE LOCATED AT

501 E. JEFFERSON STREET, CHARLOTTESVILLE, VA

In execution of a Credit Line Deed of Trust made by G. Allen Gilbert and Stephanie S.

Gilbert, being dated January 15, 2001, which Credit Line Deed of Trust is recorded in the

Clerk 's Office of the Circuit Court of Albemarle County, Vi rginia, in Deed Book 1983, Page 742

(the "Deed of Trust"), and the holder of the Note 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 will offer fo r sale at public auction:

ALL that certa in lot or parcel of land situated in the Rivanna Magisterial District of Albemarle Coun ty, Virginia, containing 5.32 acres, more or less, shown as Lot 3, of Coventry Subdivision, on a plat by Roger W. Ray & Associates, Inc. , dated March 9, 1995 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 1469, at page 704 and is further described as Albemarle County TAX MAP NUMBER 02 100-00-00-045BO.

Albemarle County TM# 02100-00-00-45BO [Current Address: 5189 Coventry Lane, Barboursville, VA]

(the "Property").

The Property wi ll be offered for sa le on the front steps of the Albemarle County Circuit

Courthouse located at 50 I E. Jefferson Street, Charlottesville, Virginia:

FRIDAY, MAY 17, 2013 AT 11:00 A.M.

TERMS OF SALE: Cash. $35,000 in cash or cashier' s check on day of sale with the

balance upon delivery of deed within 30 days of sale. Settlement shall be held within 30 days

after the date of sale unless otherwise postponed at the sole discretion of the Trustees. This sale

is subject to any covenants, conditions, restrictions, rights of way, and easements, if any,

contained in the deeds forming the chain of title to the Property. This Property is so ld "AS IS,

WHERE IS," with absolutely no warranties.

Time shall be of the essence with respect to settlement. The deposit shall be applied 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 forfe ited 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. Taxes will be prorated at closing.

FORECLOSURE SALE AD: Employees, directors and officers of Farm Credit of the

Virginias, ACA, and their immediate fam ily and companies in which they have an interest are

not eligible under federa l regulations to purchase this property at foreclosure.

FORECLOSURE ANNOUNCEMENT: If you are an employee, director or officer of

Farm Credit of the Virginias, or are an immediate family member of an employee, director or

officer of Farm Credit, then you are not eligible to bid or purchase at this sale. Immediate family

includes spouse, as well as parents, siblings and chi ldren, both by bi1ih and by marriage (so

including in-laws, for example). It also includes any company which is owned or controlled by

an employee, director or officer of Farm Credit or their immediate family. If you are the

successful bidder, you wi ll be required to represent and warrant to Farm Credit in the purchase

contract that you are not a related party under the rules I just described. If you have any

questions about that, now is the time to ask .

.FOR INFORMATION CONT ACT:

Nancy R. Schlichting Acting Substitute Trustee Lenhart Obenshain PC I 00 10111 Street NE, Suite 300 Charlottesville, VA 22902 (434) 220-6 108 (Schlichting) (434) 220-6102 (FAX) nrs@lolawfirm.com

287 129.4

See also: www. lenhartobenshain.com Or www.lenhartobenshain.weeblv.com

Instrument Control Number ,i 0 6 6 I 9

Commonwealth of Virginia Land Record Instruments Cover Sheet- Form A

11111111111111 111 11111 111111~11 11111 1111111111 11111 lllll lllll lllll lllll llll/lll Doc IO: 006476960004 Type · DEE ~ecorded: 06/09/2011 at 03·31·11 PM

ee Amt: $22.00 Pa~e 1 of 4 · Albemarle County VA Debra M. Shipp clerk

[ILS VLR Cover Sheet Agent 1.0.66) Flle# 2011-00006619

BK4041 Pa402-405 T c Date of Instrument:

A O Instrument Type: X R

p E x E M p T

Number of Parcels

Number of Pages

City D County GJ Last Name

[Gilbert DD (Gilbert

Last Name D D [Schlichting D D [Shmidheiser

Grantee Address

Consideration (0.00

{6/10/2011

[ST

1]

3)

[Albemarle County ] (Box for Deed Stamp Only)

First and Second Grantors First Name I Middle Name or Initial

][G. ] [Stephanie

] (Allen ][S .

] (Nancy ][William

First and Second Grantees First Name J Middle Name or Initial

J [R. ] [E.

(Name) [Nancy R. Schlichting, Trustee (Address 1) (Lenhart Obenshain PC (Address 2) (100 10th Street NE, Suite 300

)[ ][

][ ] [Ill

Suffix

Suffix

(City, State, Zip) [Charlottesville ] Existing Debt (0.00

) [VA ] (22902 Assumption Balance (0.00

Prior Instr. Recorded at: City D County 0 ( Percent. in this Juris. 100) Book [ ] Page [ ] Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description

[02100-00-00-4580 (02100-00-00-4580 (5189 Coventry Lane [Barboursville, VA

Current Property Address (Address 1) (5189 Coventry Lane (Address 2) [

(City, State, Zip) [Barboursvilie

Instrument Prepared by Recording Paid for by Return Recording to (Name)

(Address 1)

(Address 2) (City, State, Zip)

Customer Case ID

Cover Sheet Page # 1 of 1

[Lenhart Obenshain PC [Lenhart Obenshain PC [Nancy R. Schlichting [Lenhart Obenshain PC (100 10th Street NE. Suite 300 [Charlottesville (283.126 ] [

Instr. No [ J ) )

J J 1 \

]{VA )[22923 J

] [VA] (22902 ][

1 l J 1 J 1 l

SUBSTITUTION OF TRUSTEE

Albemarle County, Virginia Tax Parcel ID No. 02 100-00-00-45BO 5189 Co\'entry Lane. Barboursvi I le. VJ\ 22923

Gran tor:

Additional Grantors for Indexation:

Grantees:

G. ALLEN G ILB ERT and STEPHANIE S. G ILBERT, Husband and Wife

FARM CREDIT OF THE VIRGINIAS. ACA

NANCY R. SCHLICHTING and WILLIAM E. SH\!IlDHEISER. Ill, Substitute Trustees, either one or both of whom may act

WHEREAS, G. /\lien Gilbert and Stephanie S. Gilbert conveyed by two Credit

Line Deeds of Trust the first being dated January 15. 200 I. certain property therein

described to .John S. Day and Carroll L. Lamb, Trustee, to secure Farm Credit of the

Virginias, ACA ('·Farm Credit"') in the prompt payment of' a certain negotiable Fixed Rate

Note for Advance dated November 6. 2009. made by G. Al len Gilbert and Stephanie S.

Gilbert in the origina l principal amount or Three Hundred Sixty-Six Thousand f ive

Hundred Dollars ($366,500.00) (the ·'Note .. ) which Credit Line Deed of Trust is recorded

in the Office of the Clerk of the Circu it Court of Albemarle County. Vi rginia, in

Book 1983, Page 742, (the .. First Deed or Trust .. ), and the second Credit Linc Deed of

Trust dated June 19, 2006, described to .John S. Day and Teresa Harris, Trustee, lo secure

Farm Credit in the prompt payment of the above-described 1ote. which Credit Line Deed

of Trust is recorded in the Office of the Clerk of the Circuit Court of Albemarle County,

Virginia. in Book 3246. Page 532 (the "Second Deed of Trust"): and

WHEREAS. Farm Credi t is the present O\\'ner and holder or the I ote. and therefore

is the Beneficiary of the above-descri bed first and Second Deed of Trust: and

WHEREAS, Virginia Code ~ 55-59(9) provides the Beneliciary of the Fi rst and

Second Deed of Trust the right and power to designate and appoint a Substitute Trustee for

any reason in its sole discretion by any instrument du ly acknowledged and filed for

recordation in accordance with the said Code or Vi rginia.

NOW. THEREfORE. farm Credit or the Virginias. ACA, the owner and holder of

the negotiable Fixed Rate Note for Advance dated >lovember 6. 2009. in the original

principal amount or Three Hundred Sixty-Six Thousand. Five Hund red Dollars

($366,500.00) made by G. Allen Gi lbert and Stephanie S. Gilbert. and which Note is

secured by the lien of a certain f-irst Deed of Trust elated January 15, 2001. of record in the

aforesaid Clerk·s Office in Book 1983. Page 742 and a certain Second Deed of Trust dated

June 19. 2006. of record in the aforesaid Clerk· s Onicc in Book 3246, Page 532. he reby

appoints Nancy R. Schlichting of Buckingham County, Virginia and William E.

Shmidhciser. III. of Rockingham County. Vi rginia. either one or both of whom may act, as

Acting Substitute Trustees under the aforesaid f-irst and Second Deed of Trust wi th all

powers as set forth in said First and Second Dc~d or Trust :!nd app\icab\c sections or \he

Code or Vi rginia, 1950, as amended.

[Remainder qf"page intemiona!(v !r?fi hlank.J

2

IN WITNESS WHEREOF. Fann Credit ol" the Virgini ns. AC/\.. the Beneficiary.

has caused this writing to be sign~d in its name and on its behalf.

FARM CREDIT OF T HE VlRGINIAS, ACA

Patri<.:ia L. Botkin Its: Special Assets Manager

COMMONWEALTH OF VIRG INIA Q.Pr7COUTYOF _Clu~d-· 4i,Qt<~<--~~~~-

The forego ing instrument was acknowledged before me in the jurisdiction aforesaid thi s ..l:.!:_ day of J unL . 20 11. on behalf or FARM CRED\T OF THE VlRGINlA.S. ACA, by Patricia L. Botkin, its Spc<.: ial Assets Manager.

My commission expires: {J,t . .J I 'l.D 15'

Notnry Public >lotnry Registrat ion 1 o. I ~~ 557

286273

3

RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON

June 09,2011 AT 3:31 :11 PM S0.00 GRANTOR TAX PD

AS REQUIRED Y VA CODE §58.1-802 STATE: S .00 LOCAL: $0.00

~LBEM RLE COUNTY, VA EB M. IPP CLERK

BK I 7 f ~ PG 0 f 0 ~ 008564 Prepared by McClure, Callaghan & Atkins

THIS DEED made and entered into this 15th day of May, 1998,

by and between WI 1,1,1 AM s. RYDER, 11 I and SALI.YE BRENT RYDER,

husband and wife, the Grantors, and G. ALLEN G!r,BERT and STEPHANIE

s. GILBERT, hi1sband and wife, the Grantees, whose address is 5193

Coventry r.ane, Barboursville, Virginia 22923,

W I T N E S S E T H:

THAT FOR AND IN CONSIDERATION of the sum of SIXTY-THREE

THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($61,500.001, cash in hand

paid, th'.? receipt of which is hereby acknowledged, the Grantors do . .

ht:reby GRNff, BARGAIN, SELL and CONVEY with GENERAL WARRAfn"/ and

ENGLISH COVF.NANTS OF TITLE unto G. Allen Gilbert and Stephanie s.

Gilb0rL, h11sbilnd and wife, as tenants by the entirety with full

dghts of survhorship as at common law and not as tenants i?~

c;c;nuno11, al J that certain lot or parcel of land with improvements

t.h~reo11 .1nd appurtenances thereto belonging in Albemarle County,

Virgirii,1, more r;articularly described as 1.ot l, containing 5.32

a<:res, on a subdivision plat prepared by Roger w. Ray & Associates,

rnc., dated March 9, 1995, and recorded in the Clerk's Office of

1 tw Circuit court of Albemarle county, Virginia, in Deed nook 1469,

(ll pages 70/.-704; being the same property which was conveyed to the

r;ra11tors herein by deed of Richard R. Ab id in and Mary L . Abidin,

husband and wife, dated September 6, 1995 and recorded in the

Cl~rk's Offi ce aforeuaid in Deed Book 1497, page 84.

\ •

BK I 1 I 4 PG 0 I 0 5 This conveyance is subject to all easements, reservations,

restrictions, conditions and other encumbrances contained in duly

recorded deeds, plats and other instruments constituting

constructi ve noti ce in the chain of title to the above-described

property which hav~ nbt expired by a time limitation contained

tht?rein or haVe not otherwise beconie irieffective.

WITNESS the following signatures and seals:

iJ),lfAAIIJl ~ e~ ~(SEAL) William s . yder, I

.-:Jtl.t[(_t k1--.r & ,chv· (SEAL) Sa 11 ye ~rent Ryder r .

STAT!-; OF MASSACHUSETTS C.·nv/COUNTY OF _f1;11~tlJ-'--/],__ __ , to-wit:

Th~ foregoing Deed was acknowledged before me by William S . Ryder . III ;md Sallye Orent Ryder, this Yth day of ___ ;J~!d.Hl . 1998.

My commission expires :

VIR<;INIA: IN TllE n.EKK'S <Wt'IC:f. ot' Tiit: CIKCllIT <'OURT <ff Al.BEMARU::

TlllS l>EEI> WAS l'Rl·~'iEl'!Tt:u. A~ll WITll n:RTltlCATt: ANNt:x1m. IS AllMITJ"fl)

TO KE("()RI> ON cu.lf!'t"I ~ L~------· 19.~-' AT 11! .. s; __ O'Cl.OCK _.19_M.

~TATE TAX \ QSi.;)3,. _ID.WI l.<>CAI. TAX \ .°&/ .... /.~. _ (2131 TRANSFER i:i-:t: , ___ Loo._12121 1:r:r.i:. s ___ .too __ oo61 VSl.t' \ I.Oii (14~) (J.f.RK'S Ff.I-: ~ · ~ i~;oo_(.101) Pl.AT \ ·----

SECl'.Sl!.l·HOZ: Tf-:.1-iTf.: ~··•t• • • nu t •• 'OC.'11.l It rl 001(

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. ' • • nns INSTRUMENT PREPARED BY: Farm Credit of the VlrglnJq, ACA as agent/oomlncc 13284 J11nes Madison Hwy.

EXEMPT FROM RECORDA TION TAXES PURSUANT TO 12 U.S.C.2098

Orange , VA 22960

Tax Parcel Identification No. 21-4SB

TIDS IS A CREDIT LINE DEED OF TRUST THIS CREDIT LINE DEED OF 'TRUST, made this 19th day of June and between G Allen Gil.BERT and Stephanie S Gll.BERT

• ···~ •, ', , , •'' '1 I : . .. . :

Albemarle · ·County/City, in ·the Slllte of Virginia

, in lhe year 2006 , by

called "Gllllltor," and John S. Day , 516 Fauquier Road , Warrenton Fauquier County/City,

Virginia , 20186 and Teresa Harris ,Orange 13284 James Madison Hwy.

County/City, Virginia , Orange '22960 , respettively, TrustCCJ, either or both of whom

may act, hereinafter called "Trustee.• ·

CommunicatiOll! or noticC3 conlelllplatcd 11Dder Section 55-58.2 of lhc Code of Virginia may be mailed or dclivCl'Cd to the Benofichuy'a principal place of buiiness, whicb is 13284 Jamea Madlton Hwy. Orange , VA 22960 .

WllNESSEnl, that for and .in co111idmtion oflhe sum ofOae Dollar ($1.00), cash in hand paid, the receipt ofwhieh t. hereby ocknowledgcd0 1111d In i:onsidenition of the loan(s) here11fter described the Oruntor doca hereby grant and convey with generol·warranty to said Trustee the following property: See attached Schedule "A"

,,

TOGE'IHER with all hercditamehts and appurtemnccs hereunto belonging 1111d all rents, issues 1111d profil3thereof1111d 1111 improvement:! theri:on and all fixtllrC3 and accessories now or hereafter annexed and attached thereto. ·

lN TRUST 10 scc:ure unlO Furn Credit of.lhe Vlrtfnla.s, ACA .. agent/nominee (hereinafter called the ~Beneficiary"), !ho perfonnance of the covenants herein contained and to secure unto the Beneficiary the payment when duo or lhe following described indebtedness: (a) All indebtedness and obligations of the Orantor to the Beneficiary or the Tnutee which arise under the provisions of any of the Grantot's coven1111t.s and agrcemenl3 herein; (b) Any renewals, cxtensiODJ, refinances, rcamortizations, modifications or other rcammgements; and (c) All indebtcdnea:i and obligatiOll!, whether now existing or here11fier arising and however evidenced, of the Granlor to the Beneficiary, not exceeding in the aggregate · at any one time outstanding, lhe principal ZllDOUDI of Fl!ty Thousand and 00/100 -------------- Dollen($ 50,000.00 ), plu1 interest thereon 1111d costs of collection, whether all or 1111y pan of such lndebledness and obligalioos is dl=t or indirect, fixed or contingent, matured or \11\!Paturcd, liquidated or unliquidated, whether contracted by the Gnintor alone, jointly, or jointly 1111d aevcrally with another, 111d whether originally contracted with lhe Beneficiary or acquired by the Benefici~ by assignment, transfer or otherwise from another. The indebtedness and obliga1ions secured hereby may, but n~d no1; be evidenced by the Gnmlor's endorsement or guaranty of the indebtednC3s or obligations of anoLher obligor 10 the Beneficiary.

ANY1lflNG contained hi:n:in or elsewhere to the contrary notwillutandlng, !his deed of trusl secures the indeb1c:dncss and the obligatiom described above, o.nd the Granlor hcrcby 1cknowledgcs o.nd agrees that this deed of trust shall survive 1111d shall not be merged into any other deed of trust, mortgage or security agreement executed by the Orantor in favor of the Beneficiary (this deed of trust and such other documents being hereinafter collectively clllled a "Seclitit)' J~trument"), whether now existing or hercafier entered into, even !hough the Beneficiary, one or both of the tnUICC3, the property or the indebtedness secured shall be the same as described in lhia deed of trust Accordingly, the G~ntor, TruslcCS and the Beneficiary intend, if one or more Security Instruments arc reei>rclcd against the property, that such Security lns1ruments shall not

0015011VAl'l209l

be merged and thar cacb such Security lnaln.llllcnt, and tho llem, encumbrances and security lnreruts cruled lheteby, ehllll a11rvive scpanllcly . ... · ·' •·_. . , •.. . ·· · :.

WHEREVER used herein rlU: m~uline gender shall include the feminine and neuler and the neuter gender shall include the masculine and .rCmininc· and tho singular form shell include the plum and all the COVOllA!lts and egrecmcnts ofGrantor ~II e~ren(! to and bind hJJ hcln, dcviaec.1, 1ucceuon 1111d aMigm.

ORANTOR eovcnaoll and agrees,· ·jointly and scve:nilly, with the TNSlec and the Beneficiary as folloWI:

Fin<: Thar nolhing hen:in eonCAlnod shall be corurrued ro n~rity obligate the Beneficiary to make loans and advances to the Orantoqn!I tliat ~.solo purpose of this deed of l!Uil is to provide colla1e111l eecwity for presently i:xlsting indcblednen·and for loans and advances the Beneficiary may hereafter make IO tho 011111tor; thal the obligation, or lack lhorcof, of the Beneficiary IO make any future loans or advances to the OranlOr ii nor conlllincd herein, bul nlthcr b sci forth in tho note(s) or other loan documents evidencing Granror's indcblCdnC81 to Ille Beneficiary.

Second: That he wamnl3 gcnenslly Ille propeny hereby conveyed; that be is seized thereof in fee simple and has a right lo convey same; that he baa done no ect to encumber the same; that be will execute 111ch further~ thereof as may bC requisire; and that be will use tho proceeds of the loan(•) secured bctd>y solely for the purposes act forth in bia application(s) for sald loan(1).

Third: That should the title to the hereby descnoed properly be acquired by any penon, pannel'llhip or eorpo111tion, other than the Orantor, by voluntazy or involuntazy gnnt or asslgnmenr, or In any other manner wi1bout Iba Beneficilll)"a written conaent, ihen all of sald indd>tedneSs shall at the option of the Beneficiary immediately become due and owing.

Foartb: That be will pay ·or 'J:a~· tp :be·paid when due all lndebrcdncu ~hereby, and 11.ny Cllltc:nsiOlll, n:newab, rcfUW1ces, modi6<:9tiona, TC4Dlortizations or other rcamngcmcull thcrco~ together with all inlemt thereon, an.d all Qih~ l;ll!lll. i!Jeluding but not limlled to any prepayment or late charges, payable by him in aecordanco with the tcima of ihill deed of trust and tho note(s) secured hereby, and agrees to pay the aald indebtedness wltboui ~y.sii~lfwbetcvcr; and that he.hereby i:xprcs.sty waivc:s, 10 the ex1cn1 tel fonh io the note(•) sccwcd hereby and, in any event, 10 the extent of tho property dcacribed herein, the benefit of all oxe:mptiOlll, homestead Cir olberwisc, undc:r the laws ortru. or any other a1atc. ·

Fifth: That be hereby asalgn.1 to the Bctleficiuy 111 additional eolla1e111I all royaltic:s or other monies clue or ID become due from any ~ or subsurface right or for any right or privilege other than for agricultuml pwpoaea in any way a.f!f<Cli!lg or pertaining IO the propeny herein described and all monies wbicb may become duo in any condemnation proccedinga affecting the said premisei and all 1\11111 received may be applied, at tho option of thC ·eeneficw)., to the diacbargc of any part or all of the indebtedness aec:urcd hmby, whether or not the 1111110 be due and payable, or at the option oftbc 8C11eficiary, such IUll18

may be returned to tho 011111tor and the Orantor will not gnnt 11.ny IUrface or subsurface rights without the writscn consent of the Bcaefielary. Without in any wny limiting the genmllty of the foregoing, the above mcutioncd rights and privileges with rcspcc;t to wblch aaid royalties or other monles arc assigned 11S

additional eollateral ahall include, but 11!11 be limited to, 5Udace or subsurface mineral casements and profill, righll to 111e of air space, land use rights, and agreements reslricting particular land \ISCI, including nonagricultural uica. Grantor liu1her covenants and agreea thar · ho will not, except with the written concum:nce of tho BcneficlarY; lease or tnimfcr to" tho owner or opcntor of any other lands any pat1 of any tobllCQO andlor peanut ~go allotiricnl: or allotments now existing or bmofter csCAbliebed on any of the property herein dcscnDcd and that be will nOI do or perform any llCI which might impair or t=d to impair the continuance of such allotmcnll on .the &Aid proj>crty, except that this eovcnanl shall in 110 wny interfere with the Omitor'a voting of allolJllcnt controls under the exiating system of referendums.

Slslb: That be will iJuurc ·wficCCP. ~~buildings and othc:r improvements now on or which may hereafter be placed on aaid'j>rcmfSCI agafnat loss or damage by fire, lightning, explosion, riot, aimnft and vehicle d4raagc, amokc, windstorm or ttai• la.companlc:s and e.moun111111tilfilctorr 10 the Beneficiary, which amount of insurance eovtnige shaU . .in ·ADY event, at tho minimum, equal either the balance of the Indebtedness acc;uml bctd>y, tho 11etuAl ca.sh value of the property ~ or the n:placcment cost of the properly insured, wbicbevcr ii lc:sa. In addition to other insurance covcnigca if the propctty Is localed in a government mandated Oood = wb~ P.41ficipation in a Federal Flood Insurance Progmn is required, Granior will obtain and mainlain flood insurance in such 11111ount as Beneficiary requires on a.II buildings, improVClllcnts, fixtures and any mobile home(s). now existing or hcruf\c:r cn:cled, placed or maintained on or in the premises described in thiJ deed of trust, cogethcr with all other penonal properly securing 011111101'1 obligations lo Beneficiary and maintained in or on such buildings, improverncnt.s or mobile bome{1), uncil the loanJ, future cdvcnca and all other indebtedness secured by such propeny and this deed oftNat ia fully

GP150&VAC02081

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• I •"•

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paid. !kneficiary may require Onintor to obtain 1111d maintain such flood insurance at the time the lo1111(s) secured b~by an: made or at any lime thereafter until the Joans aecun:d by such propcny an: fully paid. Grantor funher o~ to pay Beneficiary all n::asOnable f= 1111d cos~ incurred in determining whether any of such property is located iri an area having apctial flood hazards includi.cg determination fees (of initial 1111d subsequent determination as well as fee; for monitori.cg the: flood haurc:I status of the property during the: life of the loan), together with ihc: cost of premiums 1111d fees i.ccum:d with purduuing flood insurance for Grantor, if Grantor faila to do so within the time period rcqui~ by BeneficiOJ)'. Any such fees, premiums or costs shall, in the Beneficiary's sole discretion, be due and payable on demand or as otherwise provided for in tho promissory· notc(a) secured hereby or tlW deed of tnlSL Any policy evidc:nci.cg such insurance shall be deposited with lind loss thereunder to be payable to the BcncficiOJ)' as its intemt may appear. In tho event oflosa Grantor will givo immediate notice by ma.ii to the BencficiOJ)', who may make proof of losa If not made promptly by Granto(, 1111d each insurance company concerned is hereby authorized and directed to make: payment for such losa to tfie order of the BcneficiOJ)' only;instcad of to the Onintor and the: Benefieiazy jointly, ·1111d the' insurance proceeds, or 1111y pan thereof, may be applied by the Beneficiazy to the restoration or repair of th'e damaged propcny or at lbc option of the Beneficiary may be applied to the reduction of the indcbtedocsa accurcd hereby. If Beneficiazy elects to apply such proceeds to aaid indcbtedncu, Beneficiary sh'llll have sole 'discretion e.s to the 1114DDcr in which the application of such proceeds is distributed among princif!al, interest, charges, penalties, expenses and costJ, etc. comprising the indebtcdn~ '"urcd hereby. rn the evetit of'forcelosure of !hi! deed of IN.It or the transfer of title to the premises herein described in c:xtingu!Jhmcnt'of the i.cdebtedncs.s secured hereby, all right, title and Interest of the Oran tor in and 10 any insurance policiu. then in force 1ball pe.sa lo the pUl'l:haser or grantoc.

Sncnth: Tiun he will pay when due all tllXcs, liens, judgments or assessments heretofore or hereafter lovic:d, asacsscd or constitueing liens upon the property hen:in described; and in the event Gr1111tor fail• to pay the same when due or fails lo maintai.c insurance as herein provided, the Beneficiary may make such payment or provide ruch insurance and amounts paid th=for shall become a part of lhe indebtedness seeured hereby and bear in1crcst at ~ billing rale then in effccl from the date of payment

EJ&bth: That notwithstanding 1111'/ of. the provisions of this deed of trusl for payment of insunnce premiums, taxes, 1111d assessments, the Beneficiary may at its option require the SB111e to be paid to the Beneficiazy in installments. 'Iluu upon exercise of 111id option by written notice from the Bcnoficiazy by ordinary mail, and in addition to installment payments on the indebtedness secured hereby, Gnintor shall pay to the Beneficiary until said i.cdebtcdncss is fully paid, installments of taxes and special assessments levied or to be lcviod against the premiaca covered by this deetl of IN.It, and installments of the premium or premiums that will become due and payable to ret\CW auch insurance on the prcmiaca covered hereby against losa by fire or other hllZBl'ds, c;asuaities and conlingencics a.a may be reasonably required by the Bcneficiazy in 11111ounts, for periodJ, and in a company or companics satisfilctory to the Beneficiazy. These installments shall be equal 10 estimated premium or prcmiubis for aucb iasun.nce, taxes and llSSCSmlents next due (as estimated by the Bencficiazy) ICM insta!lmenl8 already paid therefor, divided by the number of installment payments (whether annual, scmi41mu~. quarterly or monthly) tbal azc to become due on the indebtc:dous scc:ured hereby before one month prior to the date when rucb premium or premiums and taxes 1111d asscasments will become delinquent. The Beneficiary ahnU bold aucb installments in trust to pay the premium or premiums and taxes and asscasments before the aame become delinquent.

Ninth: That he will keep al.I improvements now or bci-cafter Jocatcd on the premises in good repair. that he will maintain and work the prcmi.Ses herein de1<:ribed i.c a good and husbandlike manner; that be will commit no waslc and that he will not cul or remove or pcnnit to be cut or removed any wood or timber from said pn:miscs except for domcstic use without the written coo.sent of thc Beneficiary and the Beneficiary mall have the right by injunction Of otherwise to pn:vml the cutting or removal of 1111y wood or timber from said premises i=spc:tive of whether or nol the balance !>fthe sccwity is ample 10 protccl the Bcneficiazy.

Tenth: That he hc:rtby represents and warrants to Bcneficiazy that there arc no matcriala (hereinafter collectively called "Special Materials~) pre.scntly located on or near lhe premises which, under Federal, state, or local law, atatute, ordinalicc, rogull!tion or standard, or administrative or court order or decree or private agreement (hereinafter collectively called ·•Environmental Requirements"), require special hlllldling in use, generation, collection, stot11gc, trc4bnc:t\C, or disposal, or payment of costs associated with responding lo the lawful di= lives of any court or agency of compclent jurisdiction or for similar economic loss. Such Spcc:ial Material& include those that violate any national or local contingency plan or the release or lhrca1coed release of which may violate or create liability under the Environmental Requirements. Such Special Maceriala also include (a) asbestos in any form, (b) urea formaldehyde foam insulation, (c) paint con111ining Jud, or (d) transformers or other equipment which contai.c dielectric Duid containing polychlorinated biphenyls (commonly rcfcrrcd lo BJ "PCBs"). Grantor further represents and warrants to Beneficiazy tbnt the pn:miscs arc not now being used nor have they ever been Wied i.c the past for lhe activities i.ccluding tho use, generation, collection, atorage, trc41mcnt, or di~! of any Special Materials, and in particular, without limiting the generality of the foregoing, the premises azc not now being used nor have they ever been u.ted in the pas I for a landfill, surface impoundment or other area for the trcaancnt, storage or disposal of solid waste (including solid waste such as sludge). Oranlor will not place or pennil to be placed any such

G01500VA (motl . P19tlolt

Special Material• on or ncer the premises. Nothing herein shall be deemed 10 prohibit or resuicl the we, collection, storage, treatment or dispoael In a m111111cr cons!Jtcot with applicable Enviroruncntal RequiremcnlS, of insecticides, hetbicidca, or other peiticidcs, fcrtilizcn or petroleum products (Including gasoline, motor fuel, CT11nlccaao oil, :h~fuig oil) as part or the agricultunl opc111tions now or hcreoftcT conducted by tho Oranlor on the pren11Sc:i in a good ancfbwliandlikc manner. Orantor further rep~cnts and warrants to Bcnc6cilll')' that there arc no wells or septic tanks or other underground IBIW (whether cumntly in Ille or abandoned-in·p14") oq th~ l!rtl!l~C:S.sc.Mng any other property and that there arc no wells or acptic tanks on other propmy scrvini tl\i: pfe.misCs. If at any time it is dc1ermined that there arc Special Materials located 011 the premises wbi~b;under any Environmenl41 Requircmenta require special handling In use, generation, collection, storage, tri:!itm~~.Pr ~osal, Orantor shall, within thirty (30) days after having obtained acl.U41 kllowledgc thcn:ot: take or c;l!Uso to be taken, at Orantot'a solo OXpc:llSC, such acliOllS °' may be 11CCCSS4l)' to comply with II.II EiivU'Ollinental Requirements. If Onintor shall mil to llllcc such action, Beneficiary lllAY make advancea or payments towarda · pcrfonuance or aatiafactlon of the same but shall be under no obligation IO to do; a.nd 1111 swn.s io advanced or paid, including all sums advanced or paid in co=tion with any judicial or admipistra~vc investigation or proc;ecdiog relalillg thereto, including, without limitation to tho extent p~itted by applicable. law, reasonable anorncya• fees, finea, or other pcnalty payments, shall be at c;mce repayable by Granter and all JWm so advanced or paid shall become a part oftbo indebtcdncu sccul'Cd hereby. Faihin: ofOrantor to comply with all Enviromnental Requirements shall constitute and be a default· under· this mortgage. Onllltor hereby agrees 10 indemnify and bold Bcneliclaiy hannlC3S to the extent permlncd by appllcablo law, for all lou, liability, damage, con and c::xpen.ses, inclllding reasonable attorneys' fee.; for failW'C of the premiaea 10 comply in all respects with the Environmental Rciquirelllents or a breach by. Granter of any represon1atio11, warranty or agroemc:nl herein. nm COVENANTS, AGREEMEITTS, REPRESENTATIONS, WARRANTIES AND INDEMNITIES OF ORANTOR CONTAINED JN THIS PAR:AORAPH SHALL SURVIVE THE OCCURRENCE OF ANY EVENT WHATSOEVER, INCLUOINO BUT NOT LIMITED 70, rnE PAYOFF OF THE NOTE(S) SECURED HEREBY, rnE RELEASE OR FORECLOSURE OF THIS MORTGAGE. OR THE ACCEPTANCE BY Tiffi BENEFICIARY OF A DEED IN LIEU OF FORECLOSURE.

Elevenlh: That ho will permit the.Trusleo .or Bcno6ciary through Us authorized agcntl to enter upon the premilcs bcreln dcacnl>ed at my' i'Casol\llble time for the purpose of inspecting the premises and the order, condition and repair of tho buildinga, 4nJ>rovements and other collatcnl localed on tho premises hereinafter described. ' ' · · .. . ·

Twdrtll: That if at any ti~e hmaftk. th~ eeiieliciaiy or Trustee ahall for any reason employ agents or anomcya in coMcction with this deed of·trult or tho obligatioll(a) secured heRby, tho Grantor hereby agrees to pay the ~nablo costs thereof, an4 ir.y a;no1111ts paid by tho Bene6clary or Truatce for that purpose shall become a part of Ibo indebtcdnca ICC!icd. licreby and shall be payable OD demand with interest St the billing 11110 !hen in oft"ccl from tho da!C.of·payment

Tlllrtet11th: That, upon ilefault, in addition to any other remedies provided by law, the Tl'WllCO shllll have the right 10 llllco pououion of tho property as authorized by law and to opera IC and mllllllge or lcaso the 1111111e and the Truatce may make m:tY ~.le and proper advances for the operation, maintenance and management of tho promiles cilicl 111y sums iso a~ced shall become part or tho indobtcdncsa accused hereby and be payable lmm~toly whh intcreat at the billing nile then in effect from Ibo date of payment

Fourteenth: Said Granter hereby gl'Ullts to Ibo Benc6ciaiy the right and power to appoint a substitute irustec(1) for 111y cawc in<:luding, but not limiied to, declination to ·accept Ibo tnW, l'C3ignation, death, incapacity, disability, refulal to act,· removal or absence from lhe atai.e of a Tnu!CC herein designated, or any substillltcd tr\IJICC hcrcllnder; and it is agreed that, upon the exercise of this power by the Beneficiary, the substituted INllCc{a) aboll be vealed with all the powers, rights, authorities, and duties vested in the Tnutco herein dcaignated and tho ~elicilll')' aboll designate and appoint tho subsllllllo trustec(s) by an instnuneot duly excc:uled, acknowledged an~· filed 'ror recordation In the office of the clerlc of the court wherein this deed of lnllt is recorded. · · " "

Flftccnthi Thal upon default In tlie payment of the whole indcbtcdnC3S SCCW'Cd hereby, or any part thCTCOf, aa the same lball ~<fO.me ~ue. ~d. paya~le or In ~c event of a breach of any of tho temu, covenants and conditions of this deed of lrwt ·or Ibo' note( a) l«lll'Cd hereby, or ill the evct1t tho Oran tor or llllY of them aball die, become lnsolvcus, fl!O'llily jictiilorr under the FcClcnil Bankruptcy Code, make an assigruneot for the benefit of crcdito11, or filo a pctitfon· ro·r:an arrangement with CTCdito11, or If any loan proceeds are wed for a purpose that will contnau~c . to c::xceasivc erosion of highly erodil>le land or to tho conversion of WClland.t to produc:c or to ma.kc pOsiiblc the·piodui:tion of an agricul!W'al commodity, as further explained in 7 CFR Part 1940, Subpart 0, Exhibit M, tho.Clltite indcbtcdnesa accured hereby 1boll, at the option of the Bencficiaiy, become inuncdiately ~~ ~.~· P~.r.~blc with interest thereon at the billing rale then in effect.

Slxtccnlb: iluu, upon default,· tl'ic"Truatcc $hall; upon the rcqucat of tho Bcncficiaiy, sell the property herein dCJCn'bed, cithct as a 'whole or in pAn:Cb, a1 public auction al the fron1 door or the courthouse of !he county wherein the property is located, or at such other place cs the TrUJtcc may elect, for cash, or upon such other tcnns agreeable lo the 8eile6ciary as the TIUltcc may deem bcncficlal in the e>tccution of thia rnui. after lint advertising the day, hour, place and IC'nns of such aalo and 1 dcacription of the property 10 be

f'leo•dl

•

.. •• • . !

. .. sold by publication In some newspaper ·or.gcncnil circulation In the county wbcrc the property IJ located, once a week for three suc:cessiv.e weeks p~ing lhe day or aalc, and the Trustee may advertise in auch other maruicr as will, in his opinion, be beat calculated to al1nlel biddm, and such S41c may be adjourned from time to time by ontl proclamation at the time and place appoinlcd for the sale, and if n~ in making such sale, the Trustee may secure a gurycy of said property and the cost thcrcof shall b~ome a part of cx~ting this lnlil; tbat immedlat.ely upon lh!I filit Insertion of the ad~rtiscmcnt in some newspaper, a.s aforesaid, there shall be and become due by said Granter to the 8ece6ciary all expenses incident to said advcrtisillg and any other fees and costs inC1!m4 by reason of the default hemmder, which said exp=. fees and C03ts said Granter hereby c~cnants lo pay a.s a pan of the indebtedness a=Rd hereby and neither Beneficiary cor the Trustoc hemmdcr a~. be required to receive the principal and interest only of the indebtedness secured hereby unless accompanied by a tender of said expenses, fees and costs, but said sale may be proceeded with unlcaa prior lo the day appointed therefor legal lender be 1114de of said indebledncas, fcca, expenses and costs. The Trustee shall pay out of th~ proceeds of aalc: FIRST, all c;osts of cxecutinc this truat, including a commlnlon to the Trustee or live pcrtcnl (S%) of the grosa amount of proceeds of sale and all reasonable attomcya' feea, as pennitted by applicable 1tato law, and all other expenses Incurred in cx~tion of this tnlsl, and all attomcYJ' fees 1111d costs in substilllting a lr\l!tec; SECOND, the indebtedness secured hereby, and the residue, if aiiy, aball be paid to the Gmitcrr. The Trustee 1hall 1ettle the accounta in accordance with the statutes in such ~cs made and provided.

Seventeenth: That the Beneficiaiy, at ita option, may require the Trustee to give a bond satisfactory to

the Beneficill)', conditioned upon· the faithful performance of the duties hercundu, and any premium paid on such bond aha II bccomo a part of the cost of executing this ll\lst.

Eighteenth: That without llffccting the liability of the Granter or any other penon (ei1cept any person expressly released in writing) for paymenl of 1111y indebtedness secured hereby or for perform1111ce of any obligation contained herein 1111d without llffccting the righ13 of tho Trmnee or Beneficilll'Y with rcapect to any ICCUrity not expressly released in wriring, and without affecting tbe priority of the lien of this deed of trust, the Trustee or Bcneficlary may, 11 any time and from time to time, either before or after the rnarwity of said indebtedness, and without notice to or the coruent of any party hcrcto or any other party: (a) release any penon liable for payment of all or any part of the lndcbtcdn= or for performance of any obligation; (b) make any 11greemcnt rumortizing, extending, renewing, refinancing, modifying or otherwise alttring the ttrm.t of payment of all or any pall of the indebtedness, or modifying or waiving any obligation or suboniin.atmg, modifying or otherwise dealing with the lien or charge hereof; (c) exercise or refrain from exercising or waive any right Trustee or Beneficiary may have; (d) accept a.dditioaal security of any kind; (e) release or otherwise deal with any proporty, real or pcnoTial, ICCllring the indebtedncsa, including all or any part of the property herein ~ribcd without affecting the lien priority of lhis deed of trust on the rem11lnder of the property, for tho IUll 11111owit of any indcbtedncaa 11Dpaid.

Nlnetttntb: NOTICE nm DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR nm TERMS THEREOF BEING MODIFIED IN T.HE EVENT OF SALE OR CONVEYANCE OF 'IBE PROPERTI.

nns DEED IS EXECUTED BY UNDERSIGNED IN FAVOR OF, AND THE TERM "BENEFICIARY" AS USED HEREIN SHALL INCLUDE, Farm Credit or the Vlrglnlaa, ACA, FOR ITSELF AND/OR AS AGENT/NOMINEE FOR ANY PARTY PURSUANT' TO A MASTER AGREEMENT AMONG IT AND ITS WHOLLY-OWNED SUBSIDIARIES Farm Crcd.Jt of tbe Virglnlu, FLCA AND Farm Credit or the Vlrglnlas, PCA, AS lliEIR INTERESTS MY APPEAR.

G0150SVA(Cll09J

wrrnESS the hand and &cal of said G~tor .the day 1111d year aforelaid.

--~~-'--lt..w.~~W-------------------------------------------~<SEAL) G Allen Giibfl1

__,.t.,.~~,aa:l:&:i!l:(,,j<::...>~L-¥...:::;~~-ceio:w...:<:.._ ____________ (SEAL) s(ephanle S Gilbert . · .

-----------------..,.------------------------------------~ (SEAL)

------------------..,.------------------------------------(SEAL)

-------------------------------------------------------(SEAL)

------------------------------------------------------~(SEAL)

-----------------------------------------------------(SEAL)

-------------------------------------------------------(SEAL)

-------------------------------------------------------(SEAL)

-------------------------------------------------------(SEAi.)

, to wit

I, • ~p=:eoie ~f~ I . . . ... a Notary ~blicfor amid City/County of OmnQ e .. ,. 111th.o,sra~ 1of 'f_·~9J[lie . Cl

doceitifytbat{}, . A\'en ~\\btd .. ~· ~ t). C"lll~ whose name(a) ls/ere aigned to tho foregoing deed of tnllt, bcariDg

date of the / 'l day of~ e ' ~ . bas/have this day acknowledged the same before me in my City/County and State aforesaid.

Given under my hand thi~ . 1q ... day or\fune , ~~ ·: .. · ... . ~~e111d1~_....

Notary Public

My tenn of office .C:XP.i~ : {).jilUJJ ~. /2016

'fllSUI the name Of the off~~ ·who.l~'.;/ii: ~ckniiwf,,dgmenl .

GQ1508V A I020ll

. . . , .. . . .... .

I • t . •.'

.. ·. :' .. • j . ::1. ,. ·'' ···1·

.. . . · . .. ;

.. .. .. .. . ..

.'Ptte O.of I

.. .... . ·.·· :,•; . · .. ···::· ..... . . ....

. ' ,

Schedule A

All that certain lot or parcel of land situated in the Rivanna Magisterial District of Albemarle County, Virginia, containing 5.32 acres, more ofless, shown as Lot 3. of Coventry Subdivision, on a play by Roger W. Ray & Associated, Inc., dated March 9, 1995 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia Deed Book 1469, at page 704 and is further described as Albemarle County TAX MAP NUMBER 02100-00-00-045BO.

Being all and the same property conveyed to G. Allen Gilbert and Stephanie S. Gilbert by deed of William S. Ryder, m and Sallye Brent Ryder, dated May 15, 1998 and recorded in said Clerk's Office in Deed Book 1714, at page 104.

•"

E x E M p

T

DO

GJO @O

lnstrumont Control Numbor

./.______ __ Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A

[ILS VLR Cover Sheet Agent 1.0.83)

Date of Instrument: (6/19/2006

Instrument Type: [DTCL ·

Number of Parcels

Number of Pages

1 J

1 J

01f343

11111rn~111~11t~1 111111~~t~m11111~\11~~~~111~ 111111111~~ Doc ID· 003068130008 Typo : DEE Recorded: 0111012006 at 11:2s :4t AM Fee Amt: ta2.00 PaRe 1 of 8 Albemarle County, VA Shelby Marshall clerk Clrcuit court File# 2006-00011343

eK3246 Pa532-539

City D County GJ [Albemarle County l (Box for Deed Stamp Only)

Last Name [Gilbert [Gilbert

Last Namo (Harris [Day

Grantee Address

First and Second Grantors Finit Namo I Middle Name or Initial

)[G j [Stephanie

j {Allen J(s

·First and Second Grantees

) [Teresa ] [John!

Flrut Name

J[ )[S

Mlddlo Name or Initial

(Name) [Johns S. Day & Teresa Harris (Address 1) [516 Fauquier Road (Address 2) (

]{ )[

][ J [

Suffix

Suffix

{City, State, Zip) [Warrenton Consideration (0.00 ] Existing Debt (0.00

] (VA] (20186 Assumption Balance (0.00

Prior Instr. Recorded at: City 0 County GJ [Albemarle County Percent in this Juris. Instr. No ( Book ( ) Page f )

Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description

Current Property Address (Addross 1)

(Address 2)

(City, Stato, Zip)

Instrument Prepared By Recording Paid for By Return Recording To (Namo)

Customer Case ID

{~d~ross 1) (Address 2)

(City, State, Zip)

Cover Sheet Page# 1 of 1

[ (21-458 (5.24 acres located In Albemarle County, Virginia [ (5189 Coventry ln [ [Barboursville

[Fann Credit of the Virginias A (Farm Credit of the Virginias ACA [Fann Credit of the Virginias ACA [P 0 Box 267 [ [Orange [

J [VA ][22923

J [VA J (22960 J(

100) )

J J I J J J J

/

en C'C

E 0

...c r-

• • BK I 9 8 3 PG 0 7 4 2

TIDS INSTRUMENT PREPARED BY: Parm Credit Of Tho Virqiniao, ACA, ao aqont/nominoo

Loan No 011 007 01612578-10

THIS IS A CREDIT LINE DEED OF TRUST THIS CREDIT LINE DEED OF TRUST, mn<le this 15th day of January , in

the year 2001 , by and between

a ALLBN GILBERT and STBPHANIB s GILBERT

of Albemarle County, in the Stntc of Virginia , hereinafter called "Granter," and John S . DAY, 516 Fauquier Rd, Warrenton, Pauquior County , Virginia 20186 and Carroll L. LAMB, 13284 Jamee Madioon Hwy, Oronga, Orange County, Virginia 22960 , respectively, Trustees, either or both of whom may act. hereinafter called "Truslt..'C."

Communications on notices cohtemplw:d 11mfor Section 55·58.2 of the Code of Virginia n\ay be mailed or delivered to the Bcneliciary's principal place of business, which is

1 06 Sangoro Ln, Staunton, VA 24401-6711

WITNESSETH, that for and in considerntion of the sum of One Dollar (SI .00), cash in hand pnid, the wccipt of which is hereby acknowledged, and in consideration of the lo:m(s) hereafter described the Grnntor docs hereby grant nnd convey with general warrnnty to said Trustee the following property:

c...5 SEE ATIACHEn scmmuu: FOR DESCRIPTION

__j TOGETHER with nil hereditamcnts and appurtenances hereunto belonging and all rents, issu~ and 0..: profits thereof and nil improvements thereon and nil fi xtures and :itccssories now or hereafter annexed and en attached thereto. en JN TRUST to secure unto Parm Crodit Of Tho Virginiao, ACA, ao ngont/nominae Q.) .._

(..9

o?S (hercinal\cr called the "Beneficiary"), the pcrfonnance of the covcnnnts herein contained and to secure unto the Beneficiary the payment when due of 1he following described indebtedness: (n) All indebtedness and obligations of the Granter to the Beneficiary or ·the THlstcc which nrise under the provisions of :iny of the Grnntor's ~"Ovennnts and agreements herein; (b) Any renewals, ex1ensions, refinances. modi!iea1ions, rc:unoniz.ations. nnd other rearrangements; and (c) All indebtedness :ind obligations, whcU1cr now existing or hereafter arising and however ev idcnc~'<l. of the Granter to the Beneficiary, not c,'ceeding in the aggregate at any one lime outstanding, the principal runounl of Threo Hundrod Sixty Thouoand and no/100

Dollars (S 3 60, ooo. oo ), plus interest thereon and costs of collection, whether nil or any pan of such indebtedness :md obligations is din.'Ct or indin.'Ct, fixed or contingent, matured or unmntured, liquidated or unliquidnted, whelhcr contracted by the Granter alone, jointly, or jointly and severally with another, nnd whether originally ·contr:u:tcd with the Beneficiary or acquired by the Beneficiary by nssignment, transfer or otherwise from ano1hcr. The indcbt~'Clncs.s and ohligmions secured hereby may , but need not; be evidenced by the Grantor's endorsement or guaranty or the imlcbtcdncss or obligations of another obliger to the Beneficiary. Tite maturi1y date of the indebtedness :md obligntions secured hereby, unless extended by a certificate recorded by the Beneficiary in the clerk's office of lhe jurisdiction where !his deed of trust is recorded, is February 01 1 2031 . .

ANYTHING contained herein or elsewhere to the contrary notwithstanding, this deed of lrust secures lhe indebtedness nnd the obligations described above, and lhc Granter hereby acknowledges and agrees lltat this deed of trust shall survive nnd shall not be merged into any other deed of trust, mortgage or security agreement executed by the Granter in favor of the Beneficiary (this deed of trust and such other documents being hcreinaf1cr collectively called a "Sccurily Instrument"). whether now exis1ing or hereafter entered into, even though the Beneficiary, one or both of lhe trustcc:s, 1hc propcny or the indebtc:dncss SL'CUrL'd shall be the s:unc ns described in this deed of trust. Accordingly, the Grantor, Truslces and the llcncficinry inlcnd, if one or more Security Instruments arc recorded against the propcny. that such Security Instruments shall not be merged wid I hat each such SL-curity lnstrumL"lll. and the liens, encumbrru1ccs and security intc rL-sts created thereby, shall survive separ:nely .

WHEREVER used herein the masculine gender shall include 1hc feminine and ncu1cr and the neuter gender shall include the masculine and feminine and the singular form shnll include the plural wtd all 1hc covenants and ugrccmcnts or Granter shall extend to and bind his heirs, tlcvlsee~. successors and assigns.

f'tJge I c/6 VAIOOO Rev 12/98

:# - I~

.!

:B~ ~.983PG01l+·3

ORANTOR covenants 8nd agreci, jointly anil severally, with the Trust(e and the Bcneficiuy aa follows:

. Ftrst: That nothing herein conlAined shall be construed to iieccasarily obligate the Beneflciasy to make lolllll and advances to lhe Grantor and that the sole· purwsc of this deed o~ uuat la to provide collateral security for presenUy ei1istlng indebtedness and for loans and ild~ancca lhe ·Beneficiary may hereafter make .to the Grantor; !hat the obligation, or lack thereof, or the Beneficiary to l1ll!kc any fu ture low or advances tO the Grantor Is not con!aioed herein, but rather IB SCI forth In the note{s) or other loan documents evldetlclng Grantor's lndebtcdncsa 10 the Beneficiary.

Second: That he wamn11 gcnetally the property hereby conveyed; I.bat be la sclzcd th~f ln rec simple and has a right to convey same; that he has done ao act to encumber the same; lhat he will exeC:utc such funhcr asaUT811CCS thereof as may be ~ulslte; and ihat he will use the proceeds or lhe loaa(s). secured· hereby solely for the purpo!C$ set forth In hla applicaUon(s) for aald loan(s). · •.

Tblid; That shiiutd lhe title io the hereby ~nbed "propeny bi: acquired by any peraoa. ·plumersblP. or corporation, other thaa the Grantor, by voluntary or iovoluntazy grant or iwlgnment, or In any other ninnkr without the Beneficiary's written conseot, theo all° of said lndebledoess shall at the option of the Bciieficlary lmmedlately become due and owing.

Fourth: That he will pay or cauJC to be paid whm due all Indebtedness secured hereby, and any exiemions, rencwala, refuwlcings, modlf1C411om, reamortlzatlons or other rcammgemcntS thereof, together with all lnlCTCSl thereon, and all other sums,. lncludlng bu! not limited to any prepayment or late charges, payable by him in aa:ordance with the temlS or this deed of trust and the nole{s) secured hereby, and agrees to pay the said .Indebtedness without any set-off whatever: and I.bat he hereby expressly wal,vca, to lhe extent ~t forth In 'the no1e(s) SCl:Ured llereby and, In any eveiu, to the elltcnl or the propctty described herclo, the benefi1 of all exempuooa. homeslead or otherwise, under the taws cir thil o.r llllY oi,iier aia1e:

Flllh: Thal he hereby assigns 10 the Beneficiary as addltlonaJ collatetal nil royalties or other monies due or 10 become due from any surface or subsurl'acc right or for any right or privilege other than for agricultural purposes in any way affecting or pcnaisilng to the propcny herein described and all monies which may become due In any condemnaiion proceedings affecting the said premlsea and all sums l'ecelved may be applied, at the option of the Beneficiary, to the dlacharge of any part or all or the indebtednes3 secured hereby, whether or nor the same be due and payable, or at the option of the Beneficiary, such SUJlUI may be rciurned to the Gran1or nnd the Grantor will 001 graJ\l any surface or subsurface rlghta without lhe written consent of the Beneficiary. Without In any way limiting the gcomllty or the foregoing, the above mentioned rights and prlvllcges with respect to which said royalties or other monies arc ilsslgncd as additional collalmll shall Include, but nol be limited 10, surface or !lllbsurf~. mlQCral easements and profits, rights 1p 118!' !Jf air spacc, land use rights, and agreements rcslricllng particular lltnd uses, Including nonagricultural uses. Gran1or l'unher convenants and agrees I.bat he will not, except with the wrlnen concurrcnc:C Qf the Beneficiary, lease or lt'alUlfcr 10 the owner or opentor of any olher Janda any part of any tobacco and/or peanut acreage allounent or allotments now existing or hereafter eslabllshcd on aoy of the property herein 4escribed and that be wlll not do or perfonn any act which mighl impair or read 10 Impair the contl11u11DCe of ruclt allouncnts on the said property, Clloepi lhat

0

1hls covenanl shall in no way interfere with the Orantor' a votl!ig of allo~t controls under the cxlating aystem of referendums. ·· · · ·

Slllth: That, upon .~uest of 'the·Bc:oenctary"; lhC Ohlilwr wlll fum!Jh to the Beneficiary annually, for each person or other enllty obligated to repay the indebtedness 5CCUred hereby, wlthln nlnety days a&t the end of lhe reporting obllgor's fiscal year, a balance sheet as of lhe end of such fiscal year, and a profit and loaa stlltClllC111 for the year then ending, in each case in fonu and substance acceplable 10 the Beneficiary atld cCrtlfled aa being true and correct and containiDg ·no ma!Crlal misiCpresentatlona or omissions. If the principal amount of the lndebtcdnesa secured hereby u lo cxccu of SI00,000;00, or If the value of the permanent lmprovemcnta to the land which arc used for production and/or storage of agricul1ural products u more than 25 $ of the Iota! value of the collateral securing such Indebtedness, such financial' lnfonnatlon shall be so provided without ~ucal by the Bencficlaiy. If such filllllCial infonnatlon is not furnished as above required, and such failure continues for lhiny days after wrlnen notice 10 the Oranlor of such failure •. such failure shall constJ1U1e an event of default hereunder.

Seventh: That he will insure and· keep insured buildings and olher Improvements now on or which may hereafter be placed on said premlsei agaill!lt loas or ~c by fire, lightning, exploalon, riot, aircraft and vehicle damage, amoke, windstorm or hall In companies and amounts utlsfactory to the Beneficiary, which amount of insurana: coverage shall In ·any event, 111 the inlnlmWn, equar 'elther' the balance: or the lndcbtedncs5 seeurcd hereby, the actual cash value or the propeny lnsumfor the replacerccnt cost of the propeny insured, whichever Is less. In addition to other insurance coverages If the propeny la located in a govemmeol mandated flood area where panlc\pation in a Fcdenl Flood losurencc Piogram la required, Gran1or will obtain and maint.aln flood insurance In 111ch amount as Beneficiary 'requires !Jn all buildings, Improvements, fumues and any mobile home(1), now existing or hereafter en:ctcd, placed cir.malnlalned on or in the prerniJes described in this deed ot !NII, logelher with all other penonal property sccuriflg Gran1or's obligations to Beneficiary and maintained In or on suth bulldinga, improvements or mobile hoine{s), .unlll the 1011119, future advances and all other Indebtedness secured by 1uch propeny and thla deed of trust IB (\Illy paid. Beneficiary may require Granwr to obtain · and malnlaln auch flood i11$UJ'81lce at the tlriie the loan(s) ·~ liercby iue made or at any time thereafter un1U the . ,' .· ·:, . ..

Patt 1 of6 VAtOOO

• • ---- --·-·-··· ·-·-

• 6( \ 9S3PG014f

loam aecured by such propeny are fully paid. Gnllllor funhcr agrees lO pay Bcndlciary nil ccasonable fees aod . costs lnculTCd ln dctcnnining whether any of such propcny ls ·localed ln an area havlng special flood b"Bi.Utis · including dctemtlnatlon fees (of Initial and subsequent dctennlwulon as well as fees · for monitoring the · flood hazard atatua of the property during the life of the loan), together with the coat of prc:mlums and feci lncilmd with ·purchasing flood Insurance for Granter, if Granter falls to do so within the time period req1lired by Beneficiary. Any such fees, premlwm or costs shall, lo the Beneficiary's aolc discretion, be due and payable on demand or u otherwise provided for in the promi.asory note(a) secured hereby or lhls deed of truat. Any policy evidencing auch insurance shall be deposited with and loss thereunder to be payable to the Beneficiary as ill interest may appear. In the event of loss Grantor will give immediate notice by mall to the Beneficiary, who may make proof of loss If not made promptly by Granter, and each insurance company coru:emed is hereby authorized and d\tected to make pnyment for Illich loss to tho order of the Beneficiary only, instead of-to the Grantot and· the Beneficiary jointly, and the Insurance proceeds, or any part thereof, may be applied by the Beneficiary to the restoration or repair of the da.inagcd property or at th~ option of the Beneficlacy may be applied to the reduction of the Indebtedness secured hereby. If Beneficiary elects to apply such proceclla to said indebtedness, Beneficiary shall have sole discretion as to the mnnoer In w~ich the application of such proceeds ia distributed among principal, lotcrest, charges, pcoaltlcs, expenses and costs, etc. comprising the indebtedness secured hmby. In the event of roreclOS\Ue of this deed of trust or the transfer of title to the premises herein described lo extlngulshmeot of the Indebtedness secured hereby, all right, title and Interest of the Graotor in and to any losuraoce policies then in IJ>rcc shall pass to the purchaser or grantee.

Elahth: That he will pay when due all taxes, liens, judgments or assessments ·bereio·fore or heieafter levied, assessed or coostiiutlng Ucris upon the property herein descriliCdi and in ihe event Graotor"falls io pay the same When due or falls to maintain Insurance as herein provided, ihe Beneficiary may make such payment or provide such insurance and amounts paid ·therefor shB.11 become a part ·of the indcbiedoea secured hereby" and bear Interest at the billing rate then In etfect.frtltn the date of payment. . ·

Nlntb: That notwithstanding any of 'the provbloos of this deed of uust for payment or insurance premlwm, taxes, and 8S5CSlmeots, the Beneficiary may at Its option require the same to. be paid to the Beneficiary In Installments. That upon exercise of said option by wrinen notice from the Beneficiary. by ordinary mail, and In addition to installment payments on lbe indebtedness secured hereby, Grantor shall pay to the Beneficiary until said indebtedness ls fully paid, installments of t.axcs and special assessments levied or to be levied against the premises covered by thiJ deed or trust, and installments of the premium or pmnlwns that will become due and payable to. renew such Insurance on the premises co.vered f\ercby ag~nst loss by lire or other hazards, casualties and contingencies as may be reasonably required by the Beneficiary in lllll01llll8, for pcrloda, and in a company or companies satisfaelory to the Beneficiary. These installments shall be equal to estimated pn:mlum or premiums for such insurance, wes and asscsameots l\Cltt due (as cstlmatcd by the Beocliclnry) less installments already paid therefor, divided by the number of iostallmcot payments (whether annual, semianoual, quarterly or monthly) that arc to become due on the indebtedness secured hereby befoie one nionth prior· io· the date when auch premium or premiums and taxes and assessments will become delinquent. The Beneficiary alulll hold such Installments lit tru1t to pay the pmnlwn or prcmiWllS and taxes and assessments tieforc the same

become delinquent. ~ · '·' · Tenth: That he will keep all improvements Dow or hereafter located OD the pn:mlses in good repair; that

he will maintain and work the premises herein described in a good and busbandlikc manner; that he will commit no waste and that he will not cut or remove or permit to be cut or removed any wood or timber· from said premises except for domestic use, without the wrincn consent of the Beneficiary nnd the Beneficiary shall h~ve the right by injunction or otherwise to prevent the cunlrtg or removal of any wood or timber from said pmnlses irrespective of whether or not the balance of the security Is ample to protect the Beneficiary. · · ·

Eleventh: That he hereby represents and warrants to Beneficiary that there arc no materials (hereinafter collectively called "Special Materials") pn:scotly.locatcd on or near the premises which, under fcderal ," etatc, or local law, awute, ordinance, regulation or standard, or administrative or coun order or decree or private agreement (hereinafter collectively called "Envlroitmental Requirements'), require special handling In use, generation, collection, storage, treatment, or disposal, or payment of costs associated with ·n:sp0adlng to .the lawful directives of any coun or agcocy of competent jurladlctioD or for similar economic loss. : Such SpcClal Materials Include those that violate any 11J1tiooal or ·1oca1 contingency plan or the release or threateiicd relC8Se of wb,ich may violate or create liability uoder the Environmental Requirements. Such spcciaI Materials al&o Include ~a).asbestos in any fpi:m, (b) lµ:"C8 formaldehyde foam.Insulation, (c) palotcolllalolog lead, or (d)'i:raosforrtlmfor othci equipment which coot.Bin dielectric fluid contninlog polychlorinllled bipheny!s (commonly referitd to ns "PCBs'). Granter funher represents and wam.nu to Beneficiary that the premises arc not now being':11aed nor have they ever been used in the past for the activities including the UJC, generation, collcClion; storage, trcatnu:nt, or disposal or any Special Materials, and in particular, without limiting the generality of the foregoing, the pmnlses are not now being used nor have they ever been used In the past for a llllldflll, surface impouodmcot or other area for the lmltment, !llorage or disposal of solid waste (including solid· waste such Bl

sludg~). Oraotor will. not place or· pcnnlt to be placed any such Special Materials on or near the prc:mlscs. Nothiag hcrcio ahall .be deemi:d ·to prohibit. or restrict· the use, collectlon, .storage, trcatmcot or diJposal .in a manner coosistcnt with applicable Environmental Requirements, of iosectlcides, herbicides, or other pcstl~ldcs,

Pri,tJ o/6 VAtOOO

,

fenillzen or petroleum products (Including gasoline, motor fuel, crankcase oil, heating oil) as part of the agricultural operallona now or hereafter conducted by the Grantor orr the premises ln a good and huabandllke manner. Oran1or further ~=t• and warrants to Beneficiary lhat ~arc no well! or septlc tanJcs or olhcr underground tanks (whether currently in use or abandoned-In-place) on the pmnlscs serving any other property and that there arc no wells or septic tanks on other propeny serving the premlses. If at any time It ls detcrmlned that then: arc Spccllll Ma!Crials located on the premlscs which under any Environmental Requirement require· special handllog in use, generation, collcctlon, stol'a8e, treatroenl, or disposal, Grantor shall, withi.a thirty (30) daya after having obtained aaual knowledge thereof, take or cause to be taken, at Grantor's sole expense, auch actions as may be ncccssary to comply with all Environmental Rcqulrements. I! Grantor shall fail to lD.ke sucb action, Beneficiary may make advances or payments towards pcrl'omwu::c or aatlsfactlon of the same but shall be under no obligation so to do; and all 8111115 so ac!vanccd or paid, including llll llllllS advanced or paid in connection with any judicial or ndminlsuatlve lnvestlgatlon or proc=ilng relating thei-cto, Including, without limitation to the cxtcnt"pcrmltted by applicable law, reasollllhlc auomcy'a feet, flnca, or other penally pa)'lllCllU, shall be at ona: ~ayable by Grantor and all sums io advanced or paid shall become a part of the Indebtedness ~ hcn:by. Failure of Grantor to comply with. 1111 Environmental Requirements shall constitute and be a default under thll mortgage. Grantor hereby agrees to Indemnify and hold Beneflclllry harmless to the extent permitted by nppllcable Jaw, for all Joa, liability, c!amage, cost.and~. Including reasonable attorney's fees, for failure of the preml5CS to comply In all ~ whh the EnvlrolllJlClltal Rcquiremenls or a breach by Grantor of any ~rcscntatlon, warranty or agrecmcnt herein. TIIB COVENANTS, AGRBBMBNTS, RBPRESBNTATIONS, WARRANTIES AND INDBMNmBS OF GRANTOR CONTAINED IN THIS PARAGRAPH SHAU. SURVIVE THB OCCURReNCB OP ANY BVBNT WHATSOBVBR, INCLUDING BUT NOT LIMITED TO, 11fB PA YOPP OP THB NOTE(S) SECURED HEREBY, TIIE RELEASE OR FORECLOSURE OF THIS MORTGAGE, OR THB ACCBPTANCB BY THE BBNBPICIARY OF A DEBO IN LIBU OP FORECLOSURE.

Twdrth: That he will pcnnlt the Trustee or ~eliclary through lts authorized agCllla to enter upon the prcrni.scs herein described at any reasonable time 'for the purpose of inspecting the prcnilics and the order, condition 8lld repair or the buildings, Improvements and other collatcral localed on the prcml5CI hereinafter described. .

Thirteenth: That If at any time hereafter the !)cneficlary or Trustee shall for any reason employ agents or Bttomeya In collllCCllon with thiJ deed of trust or the obllgation(s) secured hereby, the Granter hereby agrees to pay the reasonable costs thereof, and .any amounts paid by the Beneficiary or Trustee f9r that purpose shall become a part of the indebtedness aecurcd hereby and shall be payable on demand with lntenst at the billing rate then in effect from the date of payment.

Founeailh: That, upon default, In addltlon to any other re=dics provided by law, the Trustee shall have the right to take possess.Ion of the property aa autliorlzed by law and to openue 8lld manage or lease the same and the Tnutcc may make any reasonable and propci advances for the operation, maintenance and !1111118gClllClll of the prcmlaes and any sums so advanced shall become pan of the lndchtcdness secured hereby and be payable lmmediately with intercSt at the billing rate then in effect from the date of payment.

FUleenth: Said Grantor hereby grants to the Beneficiary the right and power to appoint a substirutc trustcc(s) for any cause including, but not limited to declination to accept the uust, resignation, death, iacapscity, disability, refusal to act, removal or a!Jscncc· from \be state of a Trustee herein designated, or any substituted trustee hereunder; and it is agr=l that, upon the exercise or th!! power by the Beneficiary, the substituted Tnistce(s) shllll be vested with all the powers, rights, authoritlca, and duties vcated In the Truatce herein designated and the Beneficiary ahall dcalgnatc and appoint .the substitute trustcc(s) by an instrument duly executed, acknowledged and filed for rccordatlon In the office of the cleric of the court wherein this deed or trust Is recorded. ·

Sixteenth: That upon defau.lt In the Payment of Jhc whole lndebtcdncaa secured hcrcby, or any part thereof, as the same shall become due and payable or in the event of a breach of nay of the terms, covenants and conditions of this deed of trust or the note(s) secured hCrcby, or In the event the Gran tor or any of them aball die, become Insolvent, file any petition undct the federal Bankruptcy Code, make an assignment for the benefit of creditors, or file a petition for an nrrangcment with creditors, the entire lndcbtcdncas secured hereby shall, at the option of the Beneficiary, become Immediately due and payable with Interest thereon at the billing rate then In effect. : . ....

Seventeenth: That, upon default, the Trustee shall, upon the request of the Beneficiary, sell the property herein described, either as a whole or la pai-cel~. at public auction at the front door of the courthowc or the county wherein the property la located, or at such other plllCC aa the Trustee may clcct, for cash, or upon such other terms ~grccabtc to the Beneficiary as the Trusl~ may deem beneficial In the execution or this trult, after first ulvertlllng the day, hour, pince and terms of a.uch sale and a description of the property to be sold by publication In some newspaper of general circulation la the county where the property ls located, once n week for three 1ucccaalvc wccka prcocding the day of 6111e, and ihe Tl'U8tee may advertise In such olher maliner as wlll, in his opinion, be beat calculated to attract bidders, and such sale·may ·be adjourned from tlmc to time by oral proclamation at the lime and place appointed for ~ &ale. and If necessary In makidg such sale, the Trustee may secure a survey or said property and the cost thereof shall become a pan of eitecutlng th!! uust; that immediately

VAtOOO

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... . • 91(\ 9·53PG014·6 •

upon the first insenlon of the advenlsemcnt ln some newspaper, as aforCaald, lhere shall~ and become ·due by said Orantor to the Beneficiary all expenses incident to said advcnislng and any other fees and costs incurred by reason of the default hereunder, which said expenses, fees and COlt8 said Orantor hereby ·covenants to pay ns a pan of the indebtedness secUred hereby and neither Beneficiary nor the Trustee ~ereunder shall be required to receive the principal and Interest only of the indebtedness secured hereby unlesa accompanied by a tender of said expenses, fees and costs, but said sale may be proceeded with unlcu prior to the day lljlpointcd therefor legal tender be made of said indebtcdnc3a, fees, expenses and costs. The Trustee shall pay out of the pro<:C1:ds of sale: FIRST, all costs of executing this trust, including n coll!Illia3ion to the Trustee of five percent (5%) of the gross amciunt of proceeds of sale and all reasonable auomey's fees, as pennluccl by applicable atate law, and all olher expenses incurred in execution of this trust, and all auorncy'a fees and costJ in substituting a truatcc; SECOND, the indebtedness secured hereby, and the 11:3ldue, if uny, shall be paid to the Orantor. TI1e Trustee sluill settle tile acaiunts in accordance with the statutes in such cases made and provided.

Eighteenth: That the Beneficiary, Bl Its option, may require the Trustee to give a bond satisfactory to the Beneficiary' conditioned upon the faithful performance of the duties hereunder, and any premium paid on such bond shall become a part of the cost of executing this trust.

Nineteenth: That without affecting the llabilfty of the Grantor or any olhcr person (except any person expressly released In writing) for payment of any lndeblcdness secured hereby or for perfonnance of any obllg&1ion contained herein and . without affecting the rights of the TIU!lcc or Beneficiary with fC3J>CC1 to any security.not expressly released in writlng, and without affcctlng the priority of the lien of this deed of trust, the Trustee or Beneficiary may, nt any time and from time to time, either before or after the marurity of said indebtedness, and without notice to or the consent of any pany hereto or any other pany: (a) release any person liable for payment of all or any part of the indebtedness or for performance of any obligatloo: (b) make any agreement re11monlzing, extending the ,lime or, otherwise altering the tmns of payment of all or any pan of the indebtedness, or modifying or waiving any obliga1lon or subordinating,· modifying. or otherwise dealing with the lien or charge hereof: (c) exercise or refrain from exercising or waive iiny right Trustee or Beneficiary may have; (d) accept additional security of any kind; (e) release or otherwise deal wilh any propeny, re& or personal, securin!: the Indebtedness, including ail or any part of the propcny herein described without affecting the lien priority of this deed of trust on the remainder of the property, for the full amount of any Indebtedness unpaid.

Twentieth: NOTICE-THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR nm TE.R~S ntEREOF BEING MODIFIBD IN THE EVENT OP SAU! OR CONVEYANCE OF THE PROPE.RTY CONVEYED.

THIS DEED IS ENTERED INTO BY THE BENEFICIARY AS AGENT/NOMINEE OF ITS WHOLLY OWNED SUBSIDIARY 1'1u;m Cradi t Of Tho Virginiaa, P'LCA OR Va.rm Credit of 'l'ho Virginia.a, PCA . ,AS THEIR INl'ERESTS MAY APPEAR, PURSUANT TO A MASTER AGREEMENT BETWEEN THE PARTIES.

WITNESS the hand and seal of said Grantor the day and year aforesaid.

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·B~ I 963PG014 8 • SCHEDULE "A"

All that certain lot or parcel of land situated in the Rivanna Magisterial DiJtrict of Albemarle County, Vaginia, containing S.32 acres, more or less, shown as Lot 3, of Coventry Subdivision, on a plat by Roger W. Ray & Associates, Inc., dated March 9, 1995 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Vtrginia in Deed Book: 1469, at page 704 and is further descnoed as Albemarle County TAX MAP NUMBER 02100-0().00-045BO.

Being all and the same property conveyed to G. Allen Gilbert and Stephanie S. Gilbert by deed of.William S. Ryder, m and. Sall ye Brent Ryder, dated May 1 S, 1998 and recorded in said Clerk's Office in Deed Book 1714, at'page 104.

VIRGINIA: I:" THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE:

THIS DEED WAS PRESE~TEn. A!\I> WITH CERTIFrCATE ANNEXED. JS ADMITTED

TO RECORD ON ~ / .(, . 2oof .. AT, i : -'do'CWCK /. M.

STATE TAX S $,¢~, (}() I039J LOCAL TAX S m. t'O 12131 TRANSFER FEE S 1212l l.T.T.F. 5 __ 3.UU. __ 11061 VSLf S 1.00 114!\I CLERK'S FEE S / ..,,! . 00-13011 PLAT S

SECT.58.1-802: ----- TESTE:

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STATE TU LOCAL TAX LOCAL TAX

s (fl38l s-- --- moi s ____ 12231

SHELBY J. MARSH~4

UlTrY CLERK ay,~m

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-OMMONWEALTH OF VIRGINIA • .

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OFFICIAL RECEIPT Al8E11ARLE CIRCUIT COURT

DEED RECEIPT

DATE: 01/16/01 TinE: 15:50:31 ACCOUNT: 003CLR010000~72 RECEIPT: 01000000779 CASHIER: Piii RES: ABOl TYPE: DOT PAYllENT: FULL PAYllEHT INSTRUllEHT : 010000~12 BOOK: PASE: RECORDED: 01/16/01 AT 15:50

GRAIHOR llA11E : SILBERT t. 6 ALLEN £1: II LOCALITY: CO SRAHTEE IW1E : DAY 1 JOHii S EX: II PERCENT: l 00% A#D ADDRESS :

RECEIVED OF : SHACKELFORD HONENBERSER ET AL DATE OF DEED: Ol/l5/0J CHECK : S739.00

DESCRIPTION 1: 5.32 ACRES 2:

COHSIDERATIOH: 3601000,00 CODE OESCRIPTIOU

301 DEEDS 039 DEEDS AHD CONTRACTS 106 JECHNOLOSY FUHD FEE

PASES: 0 llAllES: 0

ASSU11EIVAL: • 00 llAP: PAID CODE DESCRIPTION

15.00 145 VSLF 5~0. 00 213 COUNTY GRANTEE TAX

3.00

PAID J.00

180.00

TEllDERED : 739.00 AllOU/IT PAID: 739.00

CHANGE AltT : • 00 CLERK OF COURT: SHELBY J. 11ARSHALL

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COVENTRY SUBDIVISION SCALE: I" = 200' DATE: 3-9-95

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LOT 4 21.23 ACRES

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LOT 5 21.00 ACRES

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CONTRACT FORPURCHASEOF PROPERTY AT FORECLOSURE SALE

(Lot 02100-00-00-45BO)

THIS CONTRACT OF PURCHASE made and entered into this 1 ?111 day of May, 2013,

by and between ________________ , Purchaser(s), and NANCY R.

SCHLICHTING, Substitute Trustee.

The real estate fo r sale is designated as:

ALL that certain lot or parcel of land situated in the Rivanna Magisterial District of Albemarle County, Virginia, containing 5.32 acres, more or less, shown as Lot 3, of Coventry Subdivision, on a plat by Roger W. Ray & Associates, Inc., dated March 9, 1995 and recorded in the Clerk's Office of the Circui t Court of Albemarl e County, Virginia in Deed Book 1469, at page 704 and is further described as Albemarle County TAX MAP NUMBER 02100-00-00-045BO.

Albemarle County TM# 02100-00-00-45BO [Current Address: 5189 Coventry Lane, Barboursville, VA]

(the "Property").

WHEREAS, Purchaser was last and highest bidder at the public auction fo r the sale of the

real estate known as 5 189 Coventry Lane, Barboursville, VA, having made a last bid of

$ ;and --------

WHEREAS, Purchaser did pay to Nancy R. Schlichting, Substitute Trustee, as deposit

the sum of $35,000, the receipt of which is hereby acknowledged by the Substitute Trustee.

NOW, THEREFORE, in consideration of the premises, the parties do hereby agree as

fo llows:

I . That Purchaser shall pay to Nancy R. Schlichting, 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, shal l deliver to

Purchaser a deed with Specia l Warranty of Title conveying the Property to Purchaser.

3. Settlement shall be held at the offices of Lenhart Obenshain, 100 10111 Street,

N.E., Charlottesville, Virginia, on or before 2:00 p.m. on June 14, 2013. Possession of the

Property shall be given at settlement.

4. Purchaser agrees this Contract is not contingent upon Purchaser obtaining

financing from any third party and shall be treated as a cash sale. Purchaser f-ttrther agrees this

Contract is not contingent upon an appraisal of the Property being equal to or greater than the

Purchase Price.

5. The Property is so ld "AS IS" with all fau lts and without reliance on any warranty

of any kind whatsoever and hereby accepts the Property in the condi tion 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.

WITNESS the following signatures and seals.

I, Nancy R. Schlichting, Auctioneer, do hereby certify that the above-listed price was the highest bid received at the auction of the aforesaid Property.

Dated this 1?111 day of May, 20 13.

Nancy R. Schlichting - Auctioneer

Purchaser

Purchaser

Nancy R. Schlichting Substitute Trustee