Prepared by/return to: Reed Smith LLP 7900 Tysons One Place, Suite 500 McLean, VA 22102-5979 Attn: Robert M. Diamond, Esq. Parcel ID Nos.: 58 2 10 01 001 58 2 10 01 002 58 2 10 01 003 58 2 10 01 004 58 2 10 01 005 58 2 10 01 006 58 2 10 01 007 58 2 10 02 001 A 58 2 10 001 B 58 2 10 001 C DEED OF DEDICATION, BOUNDARY LINE ADJUSTMENT, CONVEYANCE, VACATION, TRUST MODIFICATION AND RELEASE (Minor Adjustment of Property Lines) THIS DEED OF DEDICATION, BOUNDARY LINE ADJUSTMENT, CONVEYANCE, TRUST MODIFICATION AND RELEASE ( Deed ) is made as of, 2016, by RJL ASSOCIATES, INC., a Virginia corporation ( RJL ), Grantor and Grantee; POTTER URQUHART, LLC, a Virginia limited liability company ( Potter ), Grantor and Grantee; ENCLAVE DEVELOPMENT, LLC, a Virginia limited liability company ( Development ), Grantor and Grantee; BB&T VA COLLATERAL SERVICE CORPORATION, TRUSTEE, a Virginia corporation ( Potter Trustee ), Grantor and Grantee, on behalf of BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation ( Potter Beneficiary ), Grantor and Grantee; MICHAEL W. CLARKE, TRUSTEE and PATRICIA J. FISHER, TRUSTEE, either of whom may act ( RJL Trustee ), Grantor and Grantee, on behalf of ACCESS NATIONAL BANK, a Virginia banking corporation ( RJL Beneficiary ), Grantor and Grantee; and CITY OF FAIRFAX, VIRGINIA, a Virginia municipal corporation ( City ), Grantee. RECITALS R-1. RJL and Potter, collectively, are the owners as tenants-in-common of the real property located in the City of Fairfax, Virginia formerly constituting the common elements of Mantua Professional Center, a Condominium ( Condominium ) pursuant to the terms of that certain Deed of Termination of even date herewith and recorded immediately prior hereto among the land records of Fairfax County, Virginia ( Land Records ), such property ( TIC Property ) being identified on the Plat recorded as Exhibit D to the Declaration for the Condominium as Parcel 1A Mantua Professional Center recorded among the Land Records in Deed Book 17959 at Page 0889. R-2. The portion of the former common elements being resubdivided by this Deed are depicted on that plat dated March 2, 2015 and revised through April,March 3, 2016, entitled SUBDIVISION PLAT THE ENCLAVE and prepared by christopher consultants, attached hereto as Exhibit A and incorporated herein by this reference ( Plat ). R-3. Potter is the owner of certain real property located in the City of Fairfax, Virginia, identified with tax map number 58-2-10-001B ( Potter Property ) and also identified as Parcel 1B Mantua Professional Center, as further depicted on the Plat, having acquired the Potter Property by that certain Warranty Deed recorded among the Land Records in Deed Book 20154 at Page 1955. R-4. Development is the owner of certain real property located in the City of Fairfax, Virginia, with tax map number 58-2-10-001C ( Development Property ) and also identified as Parcel 1C Mantua Professional Center, as further depicted on the Plat, having acquired the 1
Development Property by that certain Special Warranty Deed recorded among the Land Records in Deed Book 24391 at Page 1956. R-5. Former Condominium Units 9461, 9477/9479, 9485/9487/9489, 9493 and 9495 and the TIC Property are subject to that certain Deed of Trust dated December 23, 2013 and recorded among the Land Records in Deed Book 23510 at Page 1298 ( RJL Deed of Trust ) pursuant to which RJL conveyed former Condominium Units 9461, 9477/9479, 9485/9487/9489, 9493 and 9495 to the RJL Trustee in order to secure a loan from the RJL Beneficiary. R-6. The Potter Property, former Condominium Unit 9455 and the TIC Property are subject to that certain Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing dated June 18, 2012 and recorded among the Land Records in Deed Book 22377 at Page 0165 ( Potter 1 st Deed of Trust ) pursuant to which Potter conveyed Parcel 1B and former Condominium Unit 9455 to the Potter Trustee in order to secure a loan from the Potter Beneficiary. R-7. Former Condominium Unit 9451 is subject to that certain Purchase Money Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing dated June 17, 2013 and recorded among the Land Records in Deed Book 23217 at Page 89 (collectively with the Potter 1 st Deed of Trust, the Potter Deeds of Trust ) pursuant to which Potter conveyed former Condominium Unit 9451 to the Potter Trustee in order to secure a loan from the Potter Beneficiary. R-8. The Development Property is not subject to the lien of a deed of trust. R-9. RJL and Potter, collectively, as owners of the TIC Property, with the consent and approval of the RJL Trustee and the RJL Beneficiary, and with the consent and approval of the Potter Trustee and the Potter Beneficiary, wish to dedicate a portion of the TIC Property and to adjust the boundaries of the TIC Property as set forth on the Plat. R-10. Potter, with the consent and approval of the Potter Trustee and the Potter Beneficiary, wishes to dedicate a portion of the Potter Property to public use and to adjust the boundaries of the Potter Property as set forth on the Plat. R-11. Development wishes to dedicate a portion of the Development Property to public use and to adjust the boundaries of the Development Property as set forth on the Plat. R-12. RJL, with the consent and approval of the RJL Trustee and the RJL Beneficiary, and Development wish to grant an easement to the City as set forth on the Plat. R-13. Potter and Development wish to vacate that portion of the ingress/egress easement shown on the Plat and labeled thereon as 24 INGRESS/EGRESS EASEMENT DB 16199 PG 1154 (HATCHED PORTION HEREBY VACATED) ( Existing I/E Easement ), being a portion of the private ingress/egress easement created by that certain Deed of Subdivision, Easement and Vacation recorded among the Land Records in Deed Book 16199 at Page 1154 ( Deed of Subdivision ) and those portions of the storm drain easement shown on the Plat and labeled thereon as 10 STORM DRAIN EASEMENT DB 16199 PG 1154 (HATCHED 2
PORTION HEREBY VACATED) (collectively, Existing Storm Drain Easement ) being portions of the storm drain easement created by the Deed of Subdivision. R-14. Development wishes to vacate the storm water management easement shown on the Plat and labeled thereon as STORM WATER MANAGEMENT EASEMENT DB 16199 PG 1154 (HEREBY VACATED) ( Existing SWM Easement ), being a portion of the private storm water management easement created by the Deed of Subdivision. R-15. Development and RJL wish to vacate that portion of the sanitary sewer easement shown on the Plat and labeled thereon as 10 SANITARY SEWER EASEMENT DB 5026 PG 701 (HATCHED PORTION HEREBY VACATED) ( Existing Sanitary Sewer Easement ), being a portion of the sanitary sewer easement created by that certain Agreement recorded among the Land Records in Deed Book 5026 at Page 701. R-16. Potter, Development and RJL wish to confirm that the reservation for temporary slope and construction easement shown on the Plat and labeled thereon as RESERVATION FOR TEMPORARY SLOPE AND CONSTRUCTION EASEMENT DB 3796 PG 724 AND DB 5614 PG 62 (HEREBY VACATED) ( Reservation for TCE ) has expired by the terms of that certain Correction Deed of Dedication recorded among the Land Records in Deed Book 3796 at Page 724 ( Correction Deed of Dedication ) and that certain Deed recorded among the Land Records in Deed Book 5614 at Page 62 ( TCE Deed ). NOW, THEREFORE, WITNESSETH: A. DEDICATION 1. That in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, RJL and Potter, collectively, as owners of the TIC Property, with the consent and approval of the RJL Trustee and the RJL Beneficiary, and with the consent and approval of the Potter Trustee and the Potter Beneficiary, do hereby dedicate to public street purposes and convey to the City, in fee simple, the 0.00960 acres of the TIC Property labeled on the Plat as PORTION OF PARCEL 1A HEREBY DEDICATED FOR PUBLIC STREET PURPOSES ( TIC Dedication Acreage ). This dedication is made in accordance with the statutes made and provided therefor. This dedication is subject to the reservation of density credit, to the maximum extent permissible under the City of Fairfax Zoning Ordinance or other applicable law. 2. That in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Potter, with the consent and approval of the Potter Trustee and the Potter Beneficiary, does hereby dedicate to public street purposes and convey to the City, in fee simple, the 0.00509 acres of the Potter Property labeled on the Plat as PORTION OF PARCEL 1B HEREBY DEDICATED FOR PUBLIC STREET PURPOSES ( Potter Dedication Acreage ). This dedication is made in accordance with the statutes made and provided therefor. This dedication is subject to the reservation of density credit, to the maximum extent permissible under the City of Fairfax Zoning Ordinance or other applicable law. 3
3. That in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Development does hereby dedicate to public street purposes and convey to the City, in fee simple, the 0.05109 acres of the Development Property labeled on the Plat as PORTION OF PARCEL 1C HEREBY DEDICATED FOR PUBLIC STREET PURPOSES ( Development Dedication Acreage ) This dedication is made in accordance with the statutes made and provided therefor. This dedication is subject to the reservation of density credit, to the maximum extent permissible under the City of Fairfax Zoning Ordinance or other applicable law. B. BOUNDARY LINE ADJUSTMENTS 1. That in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, RJL and Potter, collectively, as owners of the TIC Property, do hereby vacate a portion of the shared property line between the TIC Property and the Potter Property described as P/L HEREBY VACATED on the Plat and create the property line described as NEW PROPERTY LINE HEREBY CREATED on the Plat. RJL and Potter, collectively, as owners of the TIC Property, hereby GRANT, GIVE and CONVEY the area between such vacated property line and such new property line shown on the Plat as AREA 2 ( Area 2 ), consisting of 0.5793 acres, unto Potter to become a portion of the Potter Property. 2. That in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Development does hereby vacate a portion of the shared property line between the Development Property and the Potter Property described as P/L HEREBY VACATED on the Plat and create the property line described as NEW PROPERTY LINE HEREBY CREATED on the Plat. Development hereby GRANTS, GIVES and CONVEYS the area between such vacated property line and such new property line shown on the Plat as AREA 3 ( Area 3 ), consisting of 0.2022 acres, unto Potter to become a portion of the Potter Property. 3. That in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, RJL and Potter, collectively, as owners of the TIC Property, do hereby vacate a portion of the shared property line between the TIC Property and the Development Property described as P/L HEREBY VACATED on the Plat and create the property line described as NEW PROPERTY LINE HEREBY CREATED on the Plat. RJL and Potter, collectively, as owners of the TIC Property, hereby GRANT, GIVE and CONVEY the area between such vacated property line and such new property line shown on the Plat as AREA 1 ( Area 1 ), consisting of 1.39561 acres, unto Development to become a portion of the Development Property. 4. The lands of Area 2 and the lands of Area 3 hereby conveyed to Potter are adjacent to and contiguous with the Potter Property which was acquired by Potter as set forth above. This conveyance of a total of 0.7815 acres of land is made for the purpose of: (i) adjusting the boundary lines of the presently owned lands of RJL and Potter, collectively, as owners of the TIC Property, and Potter, and (ii) adjusting the boundary lines of the presently owned lands of Development and 4
Potter, thus creating a single lot or parcel owned by Potter containing, after the conveyances and boundary line adjustments set forth herein, 3.3168 acres of land. 5. The lands of Area 1 hereby conveyed to Development are adjacent to and contiguous with the Development Property which was acquired by Development as set forth above. This conveyance of 1.39561 acres of land is made for the purpose of adjusting the boundary lines of the presently owned lands of RJL and Potter, collectively, as owners of the TIC Property, and Development, thus creating a single lot or parcel owned by Development containing, after the conveyances and boundary line adjustments set forth herein, 3.6171 acres of land. C. SANITARY SEWER EASEMENT 1. That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, RJL, only with respect to Parcel 1A and with the consent and approval of the RJL Trustee and the RJL Beneficiary, and Development, only with respect to Parcel 1C, do hereby grant and convey unto the City, its successors and assigns, a Sanitary Sewer Easement for the purpose of constructing, operating, maintaining, adding or altering present or future sanitary sewer lines, plus necessary inlet structures, manholes and appurtenant facilities for the collection of sanitary sewage and its transmission through and across the Property, said property and easement being more particularly bounded and described as 10 SANITARY SEWER EASEMENT (HEREBY GRANTED) on the Plat. 2. The sanitary sewer easement is subject to the following terms and conditions: a. All sewers, manholes, inlet structures and appurtenant facilities which are installed in the easement and right-of-way shall be and remain the property of the City, its successors and assigns. b. The City and its agents shall have full and free use of the easement and right-of-way for the purposes named and shall have all rights and privileges reasonably necessary to the exercise of the easement and right-of-way including the right of access to and from the right-of-way and the right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the City to erect any building, structure or facility of a permanent nature on such adjoining land. c. The City shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions or facilities in or near the easement being conveyed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of said sewers; provided, however, that the City at its own expense shall restore, as nearly as possible, the premises to their original condition, such restoration to include the backfilling of trenches, the replacement of shrubbery and the reseeding or resodding of lawns or open space areas, but not the replacement of structures, trees or other obstructions. d. RJL, only with respect to Parcel 1A, and Development, only with respect to Parcel 1C, each reserve the right to construct and maintain roadways over the easement and to 5
make any use of the easement which may not be inconsistent with the rights herein conveyed, or interfere with the use of the easement by the City for the purposes named; provided, however, that RJL and Development shall not erect any building or structure, except a fence, on the easement without the prior written approval of the City. D. EASEMENT VACATIONS AND CONFIRMATION OF TERMINATION 1. THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Potter hereby vacates, releases, and extinguishes all of its right, title and interest in and to: (i) that portion of the Existing I/E Easement located in the Potter Dedication Acreage; and (ii) the Existing Storm Drain Easement. 2. THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Development hereby vacates, releases, and extinguishes all of its right, title and interest in and to: (i) that portion of the Existing I/E Easement located in the Development Dedication Acreage; (ii) that portion of the Existing SWM Easement located in the Development Dedication Acreage; and (iii) the Existing Storm Drain Easement; and (iv) the portion of the Existing Sanitary Sewer Easement located on Parcel 1C. 3. THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, RJL hereby vacates, releases, and extinguishes all of its right, title and interest in and to the portion of the Existing Sanitary Sewer Easement located on Parcel 1A. 4. THIS DEED FURTHER WITNESSETH that Potter, Development and RJL hereby confirm that: (i) the portion of the Reservation for TCE created by the Correction Deed of Dedication has expired by its own terms as of February 13, 1993; and (ii) the portion of the Reservation for TCE created by the TCE Deed expired pursuant the terms of the TCE Deed upon the acceptance of Pickett Road for maintenance by the Virginia Department of Transportation. E. TRUST MODIFICATIONS 1. THIS DEED FURTHER WITNESSETH that in consideration of the foregoing recitals, the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the RJL Trustee, as authorized to act by the RJL Beneficiary, as shown by its execution hereof, does hereby release and discharge from the lien of the RJL Deed of Trust the portion of the TIC Property dedicated for public street purposes; TO HAVE AND TO HOLD that portion of the TIC Property dedicated for public street purposes unto the City, its successors and assigns, fully released and discharged from the lien and operation of the RJL Deed of Trust and does hereby consent to and subordinate the lien of the RJL Deed of Trust to the easement conveyed herein. It is expressly understood that the release of the portion of the TIC Property dedicated for public street purposes described above shall not affect in any way the lien of the RJL Deed of Trust upon the other land conveyed thereby and not released hereby, and the RJL Deed of Trust shall 6
remain in full force and effect as to the land conveyed thereby and not released hereby, subject to said subordination. 2. THIS DEED FURTHER WITNESSETH that in consideration of the foregoing recitals, the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the RJL Trustee, as authorized to act by the RJL Beneficiary, as shown by its execution hereof, does hereby release and discharge Area 1 from the lien of the RJL Deed of Trust; TO HAVE AND TO HOLD Area 1 unto Development, its successors and assigns, fully released and discharged from the lien and operation of the RJL Deed of Trust. It is expressly understood that the release of the portion of Area 1 shall not affect in any way the lien of the RJL Deed of Trust upon the other land conveyed thereby and not released hereby, and the RJL Deed of Trust shall remain in full force and effect as to the land conveyed thereby and not released hereby. 3. THIS DEED FURTHER WITNESSETH that in consideration of the foregoing recitals, the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the RJL Trustee, as authorized to act by the RJL Beneficiary, as shown by its execution hereof, does hereby release and discharge Area 2 from the lien of the RJL Deed of Trust; TO HAVE AND TO HOLD Area 2 unto Potter, its successors and assigns, fully released and discharged from the lien and operation of the RJL Deed of Trust. It is expressly understood that the release of the portion of Area 2 shall not affect in any way the lien of the RJL Deed of Trust upon the other land conveyed thereby and not released hereby, and the RJL Deed of Trust shall remain in full force and effect as to the land conveyed thereby and not released hereby. 4. THIS DEED FURTHER WITNESSETH that in consideration of the foregoing recitals, the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Potter Trustee, as authorized to act by the Potter Beneficiary, as shown by its execution hereof, does hereby release and discharge from the lien of the Potter Deeds of Trust those portions of the TIC Property dedicated for public street purposes; TO HAVE AND TO HOLD that portion of the TIC Property dedicated for public street purposes unto the City, its successors and assigns, fully released and discharged from the lien and operation of the Potter Deeds of Trust. It is expressly understood that the release of the portion of the TIC Property dedicated for public street purposes described above shall not affect in any way the lien of the Potter Deeds of Trust upon the other land conveyed thereby and not released hereby, and the Potter Deeds of Trust shall remain in full force and effect as to the land conveyed thereby and not released hereby. 5. THIS DEED FURTHER WITNESSETH that in consideration of the foregoing recitals, the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Potter Trustee, as authorized to act by the Potter Beneficiary, as shown by its execution hereof, does hereby release and discharge Area 1 and Area 3 from the lien of the Potter Deeds of Trust; TO HAVE AND TO HOLD Area 1 and Area 3 unto Development, its successors and assigns, fully released and discharged from the lien and operation of the Potter Deeds of Trust. It is expressly understood that the release of the portion of Area 1 and Area 3 shall not affect in any way the lien of the Potter Deeds of Trust upon the other land conveyed thereby and not released hereby, and the Potter Deeds of Trust shall remain in full force and effect as to the land conveyed thereby and not released hereby. 7
6. THIS DEED FURTHER WITNESSETH that in consideration of the foregoing recitals, the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Potter Deeds of Trust are hereby further amended to add Area 2 and Area 3 incorporated into the Potter Property as acquired herein by Potter from RJL and Potter, collectively, as owners of the TIC Property, and from Developer as owner of the Development Property, so that the lien of the Potter Deeds of Trust shall include, without limiting any other properties already subject to its lien, Area 2 and Area 3 as part of the Potter Property and, as adjusted and depicted on the Plat. Potter hereby grants and conveys, with Special Warranty of Title, unto the Potter Trustee, Parcel 1B, as herein adjusted, subject to the terms and conditions of the Potter Deeds of Trust. The Potter Trustee has executed this Deed to evidence its consent to the release and modification herein. F. GENERAL PROVISIONS 1. The agreements and covenants stated above are not covenants personal to any party but are covenants running with the land, which are and shall be binding upon RJL, Potter and Development, and their respective heirs, personal representatives, successors and assigns. This Deed is made in accordance with the statutes made and provided in such cases; with the approval of the proper authorities of the City of Fairfax, Virginia, as shown by the signatures affixed to this Deed and the Plat, and is with the free consent and in accordance with the desire of RJL, Potter and Development, owners and proprietors of the land within the bounds of the subdivision, and the Trustees. 2. RJL, Potter and Development will each execute such further assurances with respect to the boundary line adjustments herein as may be reasonably requisite. This Deed is made subject to all covenants, conditions, easements, reservations, and matters of record, to the extent the same are valid and subsisting and applicable to Area 1, Area 2, and Area 3 or any part thereof. This Deed shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. This Deed may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. [remainder of page intentionally left blank; signatures begin on following page] 8
Witness the following signatures and seals: RJL: RJL ASSOCIATES, INC. a Virginia corporation By: Name: Title: COMMONWEALTH OF VIRGINIA) OF ) I, the undersigned, a in and for the jurisdiction aforesaid, do hereby certify that,, as President of RJL Associates, Inc., personally well known to me or proven to be the person who signed the foregoing instrument, has acknowledged the same before me in the aforesaid jurisdiction on behalf of the corporation. GIVEN under my hand and seal on, 20. 9
POTTER: POTTER URQUHART, LLC a Virginia limited liability company By: Name: Title: COMMONWEALTH OF VIRGINIA) OF ) I, the undersigned, a in and for the jurisdiction aforesaid, do hereby certify that,, as of Potter Urquhart, LLC, personally well known to me or proven to be the person who signed the foregoing instrument, has acknowledged the same before me in the aforesaid jurisdiction on behalf of the company. GIVEN under my hand and seal on, 20. 10
DEVELOPMENT: ENCLAVE DEVELOPMENT, LLC a Virginia limited liability company By: IDI Mantua, L.C., its Manager By: IDI Manager, L.C., its Manager By: Name: Title: COMMONWEALTH OF VIRGINIA) OF ) I, the undersigned, a in and for the jurisdiction aforesaid, do hereby certify that,, as an authorized signatory on behalf of ENCLAVE Development, LLC, personally well known to me or proven to be the person who signed the foregoing instrument, has acknowledged the same before me in the aforesaid jurisdiction on behalf of the company. GIVEN under my hand and seal on, 20. 11
POTTER TRUSTEE: BB&T-VA COLLATERAL SERVICE CORPORATION a Virginia corporation By: Name: Title: COMMONWEALTH OF VIRGINIA) OF ) I, the undersigned, a in and for the jurisdiction aforesaid, do hereby certify that, as of BB&T-VA Collateral Service Corporation, personally well known to me or satisfactorily proven to be the person whose name is signed to the foregoing instrument, has acknowledged the same before me in the aforesaid jurisdiction. GIVEN under my hand and seal on, 2016. 12
POTTER BENEFICIARY: BRANCH BANKING AND TRUST COMPANY a North Carolina banking corporation By: Name: Title: COMMONWEALTH OF ) OF ) I, the undersigned, a in and for the jurisdiction aforesaid, do hereby certify that, as of Branch Banking and Trust Company, personally well known to me or satisfactorily proven to be the person whose name is signed to the foregoing instrument, has acknowledged the same before me in my aforesaid jurisdiction on behalf of the company. GIVEN under my hand and seal on, 2016. 13
RJL TRUSTEE: (either Trustee may act) MICHAEL W. CLARKE, Trustee PATRICIA J. FISHER, Trustee STATE OF ) OF ) I, the undersigned, a in and for the jurisdiction aforesaid, do hereby certify that MICHAEL W. CLARKE, Trustee, personally well known to me or satisfactorily proven to be the person whose name is signed to the foregoing instrument, appeared before me and acknowledged the same in the jurisdiction aforesaid. GIVEN under my hand and seal on, 2016. STATE OF ) OF ) I, the undersigned, a in and for the jurisdiction aforesaid, do hereby certify that PATRICIA J. FISHER, Trustee, personally well known to me or satisfactorily proven to be the person whose name is signed to the foregoing instrument, appeared before me and acknowledged the same in the jurisdiction aforesaid. GIVEN under my hand and seal on, 2016. 14
RJL BENEFICIARY: ACCESS NATIONAL BANK a Virginia banking corporation By: Name: Title: STATE OF ) CITY/COUNTY OF ) I, the undersigned, a in and for the jurisdiction aforesaid, do hereby certify that as of Access National Bank, personally well known to me or satisfactorily proven to be the person whose name is signed to the foregoing instrument, appeared before me and acknowledged the same in my jurisdiction aforesaid on behalf of the banking corporation. GIVEN under my hand and seal on, 2016. 15
ACCEPTED ON BEHALF OF THE CITY OF FAIRFAX, VIRGINIA a Virginia municipal corporation Witness: Robert L. Sisson City Manager City Clerk Approved as to form: City Attorney COMMONWEALTH OF VIRGINIA) CITY OF FAIRFAX ) I,, a in and for the jurisdiction aforesaid, do hereby certify that ROBERT L. SISSON, City Manager of the City of Fairfax, Virginia, personally well known to me or proved to be the person whose name is signed to the foregoing instrument, has acknowledged the same before me in the aforesaid jurisdiction. Given under my hand and seal on, 2016. US_ACTIVE-123972334.10123972334.12 16