WMA Trust Agreement

This Agreement between Steven C. Scudder of Centerville, Montgomery County, Ohio

("Trustee") and William Apostelos of Springboro, Warren County, Ohio (the "Grantor") is
eritered into as of the 23rd day of July, 2013 (the "Effective Date").
Grantor is the sole beneficial Grantor of the land described in Exhibit 1 (the "Real Property") to
this Trust Agreement, including all buildings and other fixed improvements, and all interests and
rights pertaining to the Real Property.
Grantor has agreed to transfer the Real Property to Trustee, subject to the terms of this Trust
Agreement, and to any leases, easements, restrictions and covenants of record.
From time to time business associates ("Lenders") make short-term loans to Grantor for the
purpose of financing specific transactions. Such transactions are referred to in this Trust
Agreement, individually as a "Loan", and collectively as the ""Loans".
The Trust evidenced by this Trust Agreement shall be known as the WMA Trust and has been
established to provide additional security for the Loans. Its terms shall be construed in a
manner consistent with its purpose.
Trustee shall have no beneficial interest in the Real Property.
NOW in consideration of the mutual covenants, conditions, and agreements set forth in this
document, and for other good and valuable consideration (the receipt and sufficiency of which
are acknowledged), the parties agree as follows:
DEFINITIONS
Trustee shall mean the Trustee or Trustees named in this Trust Agreement and any person or
persons who subsequently are appointed to serve as Trustee or Trustees and who accept such
appointment in writing. Any Trustee shall exercise the rights, powers, authority and privileges
granted to the Trustee under the terms of this Trust Agreement. The Trustee shall hold the Real
Property, and any other assets that become part of the corpus of the Trust, for the benefit of the
Beneficiaries.
Beneficiaries shall mean the Lenders listed in the Schedule of Beneficial Interests attached
to this Trust Agreement, as amended from time to time, and the Grantor. The extent of the
beneficial interest of each Beneficiary shall be as set forth in this Agreement. No Lender shall
become a Beneficiary until the Trustee receives an accurate and complete copy of the relevant
Loan documents. The nature and scope of the beneficial interest of any Lender shall be
determined by the Trustee based on the Loan documents actually received by the Trustee.
Upon receipt by the Trustee of a complete and accurate copy of any Loan documents, the
Schedule of Beneficial Interests shall be amended to reflect the beneficial interests of the
Lender, without any further action by the Grantor. Grantor agrees promptly to provide complete
and accurate copies of all Loan documents to Trustee, and to inform Trustee when a Loan is
repaid.
GENERAL PROVISIONS

1. The parties acknowledge and agree that:

(a) Except as otherwise expressly provided in this Trust Agreement, Trustee will hold the
Real Property, and all rights, title and interest in it, and any benefit to be derived from it,
together with any additional assets which may be transferred into the Trust, as Trustee for
and on behalf of the Grantor and the Lenders, according to the provisions of this Trust
Agreement.
(b) Trustee otherwise has no legal or beneficial interest in the Real Property.
(c) Except for the rights of the Lenders expressly set forth in this Trust Agreement, all
other attributes of the beneficial ownership of the Real Property shall be and remain with
Grantor.

2. Trustee agrees, subject to the indemnity provisions of this Agreement, that it shall at all
times deal with the Real Property as Trustee only in accordance with the terms of this
Trust Agreement and, except as expressly provided in this Trust Agreement, shall take
such steps as Trustee deems reasonable and appropriate, and within the scope of the
powers granted to Trustee under this Trust Agreement, to avoid any further encumbrances
on the Real Property. Except as expressly provided in this Trust Agreement, Trustee shall
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have no active or independent duties to perform with respect to the Real Property.
Grantor shall be responsible for timely payment of real estate and any other applicable
taxes, and for timely payment for any required maintenance or other activity as necessary
to avoid mechanics liens or similar encumbrances.
3. Trustee shall enter into, execute and deliver as Trustee, only such instruments, including,
without limitation, assignments, deeds, transfers, leases, subleases, assignments and
surrenders of leases, mortgages, pledges, easements, licenses, privileges, management
contracts, and other agreements, (collectively called "Instruments") relating to the Real
Property, as Trustee from time to time reasonably shall determine to be necessary to
implement the terms of this Trust Agreement and which, based on the reasonable
judgment of the Trustee, are necessary to protect the interests of the Grantor and the
Lenders, as appropriate under the then prevailing circumstances. Grantor shall have the
right to sell all or part of the Real Property at any time, upon such terms and conditions as
he shall determine, in his sole discretion, and no Lender shall have any right to or interest
in the proceeds of the sale, provided at least one of the following conditions is met with
respect to each Loan made by that Lender which is outstanding at the time of the sale:
(a) The Loan is paid in full either before the sale or from the sale proceeds.
(b) Grantor deposits into an account in the name of the Trust a sum equal to the total
amount required to pay the Loan in full. In that event, Trustee shall hold all amounts
deposited in the account for the benefit of the Lender, until such time as the Loan is paid in
full. Any such account may be a checking, money market or similarly liquid interest
bearing account and Trustee shall have no obligation to invest the funds.
(c) Grantor transfers additional property ("New Property"), real or personal, into the Trust
with a fair market value equal to or greater than the amount described in (b), above,
notifies Lender of the substitution at least 14 days prior to the sale, and provides to Lender
the basis for the valuation of the New Property, and any other information regarding the
New Property Lender reasonably requests within that fourteen-day period.
(d) In the event Grantor sells only part of the Real Property, the remainder of the Real
Property has a fair market value, determined by a qualified independent appraiser, equal
to or greater than the sum of the balances on all Loans then outstanding.
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Any mortgage or pledge of the Real Property by Grantor shall be permitted only if one of the
conditions described in (a), (b) or (c) is met, substituting in each instance "mortgage or pledge"
for "sale" and "loan proceeds" for "sale proceeds", or if the fair market value of the Real Property
together with any other assets held by the Trust, determined by a qualified appraiser and
reduced by the amount of any loan secured by a mortgage or pledge, is equal to or greater than
the sum of the balances of all Loans then outstanding, and any documents evidencing the
mortgage or pledge expressly acknowledge that the security interest granted by the mortgage or
pledge is subordinate to the rights granted under this Trust Agreement to all Lenders with Loan
balances then outstanding, and to the rights of the Trustee to take action to protect the interests
of such Lenders.
4. The parties acknowledge that the Real Property is a farm and, as of the effective date of
this Trust Agreement, currently is subject to an assignable crop lease. Grantor shall have
the right to extend the term of the current lease, and to negotiate and enter into
subsequent leases, with any party, provided that any such lease shall be on commercially
reasonable terms, and shall not impair the rights of Lenders. To the extent any such
leases are entered into directly with Grantor, as beneficial owner subject to the terms of
this Trust Agreement, such leases shall be assignable to the Trust to the extent necessary
to protect the interests of Lenders. Grantor agrees to take such actions, and execute such
additional documents relating to any such lease and/or the income generated by any such
lease, as reasonably shall be required by Trustee to protect the interests of the Lenders.
Except as otherwise expressly provided in this Trust Agreement, Trustee acknowledges
and agrees that all rents, profits and other receipts and revenues of any nature or kind
arising from the Real Property shall belong legally and beneficially to Grantor, and that
Trustee has no legal or beneficial interest in such rents, profits and other receipts and
revenues. Except as necessary to protect the rights of any of the Lenders in the event of a
default by Grantor on a loan:
(a) Trustee shall promptly remit to Grantor all rents, profits and other receipts and
revenues of any nature or kind arising from the Real Property, which may be received by
Trustee.
(b) Any such income may be paid directly to Grantor, and shall not be subject to the terms
of this Trust Agreement.
Trustee shall incur no liability to any person for payment of any income generated by the
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Real Property to the Grantor, either by the Trustee, any lessee or other third party prior to
the receipt of actual notice of a default by Grantor with respect to any Loan. Trustee shall
notify Grantor promptly of receipt by Trustee of any notice of default, and Grantor shall
either cure all such defaults within ten days or assign to Trustee all lease payments or
other income generated by the Real Property actually paid or to be paid to Grantor on or
after the date of default, or to be paid after that date, and Trustee shall apply any such
amounts received by it to cure any defaults. In the event such amounts are not sufficient
to cure all defaults, they shall be allocated pro rata to all Lenders in proportion to the
relationship of the outstanding balance of each defaulted Loan to the sum of the
outstanding balances of all outstanding defaulted Loans, as reasonably determined by the
Trustee based on the relevant information then known to the Trustee. Each of Trustee
and Grantor shall, at the request and expense of Grantor, account to the other for all sums
received with respect to the Real Property; provided, however, that Grantor shall not be
obligated to provide any such accounting prior to receipt by Trustee of written notice of a
default on any Loan.
5. Trustee shall promptly deliver to Grantor all Instruments as may come into its Possession
with respect to the Real Property, together with all recording information.
6. Each of Trustee and Grantor shall promptly transmit to the other copies of all notices,
claims, demands or other communications, which Trustee may receive and which relate in
any way to the Real Property. Unless it relates to enforcement or protection of the rights
of any Lender under this Trust Agreement:
(a) Trustee, upon the request of Grantor, shall be a nominal party to any action in
response to or as a consequence of any such matter.
(b) Any such action, proceeding, negotiation or other response shall be conducted by
Grantor, with counsel selected by him, and Trustee shall not, nor shall Trustee be
obligated to, take any such action itself, its only obligation being that of a nominal party
subject to the indemnity provided under the terms of this Trust Agreement.
Notwithstanding the preceding provisions of this Section 6, nothing in this Trust Agreement
shall be construed to limit the right of the Trustee to take any action, within or outside of
the context of litigation, arbitration or mediation, reasonably deemed necessary by the
Trustee to enforce or protect the rights of the Lenders under this Trust Agreement.
5
7. Grantor acknowledges and agrees that he shall be responsible for all encumbrances,
charges, costs, expenses, losses, damages, claims, demands and liabilities in any way
connected with or related to the Real Property, including any costs or fees incurred by
Trustee to discharge its obligations under this Trust Agreement (collectively called
"Expenses"), that, except as otherwise expressly provided in this Trust Agreement,
Trustee has no active duties to perform in connection with the Real Property, and that all
obligations (including any mortgage, contract, tax or insurance obligations),
responsibilities, acts or omissions pertaining to the Real Property shall be the
responsibility of and shall be performed or omitted to be performed by Grantor.
8. Grantor hereby releases Trustee from any and all liability that Trustee may incur in
respect of any action taken by Trustee either pursuant to the authorization or direction of
Grantor or pursuant to the terms of this Trust Agreement, as reasonably interpreted by
Trustee. Grantor shall indemnify and hold Trustee harmless from all liabilities of
whatsoever kind and character that may arise out of any act or omission by Trustee
pursuant to the terms of this Trust Agreement and from the expenses, obligations and
responsibilities during the entire period of time that the Real Property is vested in Trustee
pursuant to this Trust Agreement.
9. It is understood and agreed between the parties that the relationship between them shall
be that of Grantor/beneficiary and Trustee only, that there is no intention to create a
relationship of partnership, or agency between Grantor and Trustee, and that this Trust
Agreement should not be construed to create any association or joint venture between
Grantor and Trustee.
10. Each of the parties covenants that it will from time to time as may be deemed necessary
and requisite do all such acts and effect such further and other assurances as may be
reasonably necessary or desirable to effect and carry out the intent and purpose of this
Trust Agreement.
11. This is the entirety of the Trust Agreement. No changes can be made except in writing
and signed by both parties. Notwithstanding the preceding sentence, if there are any
outstanding Loans as of the proposed effective date of any amendment, no amendment to
this Trust Agreement shall be made without the approval of the Lenders; provided,
however, that Grantor shall have the right to repay any such Loan in lieu of getting
approval of any Lender. Any such repayment shall be at the sole discretion of Grantor,
6
and nothing in this Trust Agreement shall be construed to require pre-payment of any
Loan. This Trust Agreement shall be construed in accordance with and governed by the
laws of the State of Ohio.
12. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns. Notwithstanding the preceding sentence, neither
Grantor nor any Lender may assign its rights or obligations under this Trust Agreement to
any other party without the consent of Grantor and/or any other Lender with any Loan
then outstanding, as appropriate.
13. Except as indicated in this Trust Agreement or on the copy of the title insurance policy
(the "Policy") attached as Exhibit 2, Grantor represents and warrants that, to the best of
his knowledge, and after reasonable investigation, there are no liens, mortgages or other
encumbrances related to the Real Property.
GENERAL POWERS OF THE TRUSTEE
Subject to the limitations imposed by the preceding provisions of this Trust Agreement, and to
the extent Trustee reasonably determines, in its sole discretion, that such action is necessary to
accomplish the purposes for which the Trust was established, the Trustee shall have the power
to:
(a) Buy or otherwise acquire, to hold, to exchange or partition, to sell at public or private sale,
and to mortgage, pledge or otherwise encumber or dispose of all or any part of any Trust asset,
and to execute any and all deeds, promissory notes, mortgages and other instruments
necessary or appropriate to do so.
(b) To lease and sublease all or any part of the Real Property on such term(s) as the Trustee
deems advisable.
(c) Contest or compromise any claims in favor of or against or in any way relating to any asset
of the Trust, including but not limited to the Real Property.
Notwithstanding any provision of this Trust Agreement, no Trustee shall be required to take any
action, which will, in the opinion of the Trustee, create the potential for any personal liability
unless first indemnified to its satisfaction.
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TERMINATION
Grantor may terminate the Trust at any time if, and only if, one of the following conditions is met:
(a) All Lenders have been paid in full and there are no Beneficiaries other than the Grantor.
(b) All other Beneficiaries consent, in writing.
The Trust also may be terminated by order of any court of competent jurisdiction, or pursuant
the direction of the arbitrator(s) in any binding arbitration to which the parties have agreed. No
Beneficiary shall have any cause of action against the Trustee for any action taken by the
Trustee to implement any such order or direction.
RESIGNATION AND APPOINTMENT OF SUCCESSOR TRUSTEES
Any Trustee may resign by written instrument signed by Trustee and delivered to Grantor and to
all Beneficiaries. Grantor may appoint additional or successor Trustees, or replace any Trustee,
upon written notice to all Beneficiaries then listed on the Schedule of Beneficial Interests.
Notwithstanding the preceding sentence, Grantor may not, without the consent of all
Beneficiaries then listed on the Schedule of Beneficial Interests replace any Trustee if, at the
time, Grantor is not current on all Loan payments. Upon the appointment of any successor or
additional Trustee, the title to the Real Property and any other Trust assets shall, without the
necessity for any conveyance, be vested in said successor or additional Trustee jointly with the
remaining Trustee or Trustees, if any. Subject to the provisions of any amendments to this
Trust Agreement adopted in the interim, each successor and additional Trustee shall have the
rights, powers, authority and privileges as if named as an original Trustee. No Trustee shall be
required to furnish bond.
Except as may be necessary to enforce a judgment entered in connection with a default by
Grantor on any Loan, or to enforce a declaratory judgment or similar order resulting from an
action filed by the Trustee, this Trust shall not be administered by any Court.
AMENDMENT
This Trust Agreement may be amended by written instrument signed by all of the Beneficiaries
8
and delivered to the Trustee. No such amendment shall be effective before the Trustee
receives a complete, fully executed copy.
TRUSTEE LIABILITY AND RELIANCE OF PURCHASERS AND OTHERS
No Trustee shall be liable for any error of judgment or for any loss arising out of any act or
omission in good faith, but shall be responsible only for his/her own willful breach of trust. No
license of court shall be requisite to the validity of any transaction entered into by the Trustee.
No purchaser, transferee, pledgee, mortgagee or other lender shall be under any obligation to
see to the application of the purchase money or of any money or property loaned or delivered to
any Trustee, or to verify compliance with the terms and conditions of this Trust Agreement.
Every agreement, lease, deed, mortgage, note, or other instrument or document executed or
action taken by any one Trustee of this Trust and appearing in appropriate public records shall
be conclusive evidence in favor of every person relying or making a claim based on it that:
(a) At the time of the delivery of the document thereof or of the taking of such action, this Trust
was in full force and effect.
(b) The execution and delivery thereof or taking of such action was duly authorized by the terms
ofthis Trust Agreement.
(c) The document or action is valid, binding, and legally enforceable.
Absent actual knowledge to the contrary, any person dealing with the Trust assets or with a
Trustee always may rely, without inquiry, on any document signed by any Trustee and
appearing on its face to be valid.
NO PERSONAL LIABILITY
No Trustee of this Trust shall be held personally or individually liable for any of the obligations
incurred or entered into on behalf of the Trust, and each person who deals with the Trustee
shall look solely to the Trust assets for satisfaction of any claims that such person may have
9
/ 7/A1 3
Date Trustee date
against the Trust.
DIVISION AMONG TRUSTEES
In the event that there are multiple Trustees, in the event of any division between the Trustees
as to actions to be taken, the majority of Trustees shall control. In the event that the Trustees
are evenly divided, the vote of the longest serving Trustee shall be decisive.
ACKNOWLEDGMENT
The initial Trustee is a licensed attorney who provides ongoing legal services to Grantor with
respect to a variety of issues. Grantor and all Lenders acknowledge receipt of a copy of this
Trust Agreement and that, in the event of any dispute between Grantor and any Lender(s), the
initial Trustee will not and cannot represent any party to any such dispute, and that, in the
context of any such dispute, Trustee shall be responsible only for discharging impartially its
duties under the Trust Agreement, and further that circumstances may arise which may, based
on the reasonable judgment of Trustee and/or application of the rules relating to professional
responsibilities and/or conflicts of interest applicable to attorneys, cause the Trustee to resign.
By executing this Trust Agreement, Grantor acknowledges disclosure of any actual or potential
conflicts of interest resulting from the obligations of and/or actions by Trustee pursuant to the
terms of this Trust Agreement, and expressly waives his rights to object to any and all such
conflicts.
TO EVIDENCE THEIR AGREEMENT the parties have executed this document as of the
Effective Date.
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Sworn to before me and subscribed
in my presence by the said, William Apostelos and Steven
C Scudder, this day of
2013, who signed the foregoing
document and acknowledged to me that it wA signed voluntarily.
Notary Public
(Seal)
REBEK AH E. FAIRC HILD , Notary Pub lic
In and for the Stale of Ohio
My C ommission Expires April 1, 2017
11
(2) The name and address of the Trustee of said trust is/are Steven C. Scudder -
(1) The name and address of the Grantor of said trust is/are William Apostelos
Way Springboro, Ohio 45066 , who is/are the original granto
kAiPi - 5FP z ns 06.(akkewho is/are the original trustee.
(3) The trust was executed on the 23 R D day of July, 2013.
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BK: 2004 PG: 714
1 1 1 1
201300013648
Filed for Record in
CLARK COUNTYy OH
NANCY PENCE, RECORDER
08-07--2013 At 12:18 PM.
TRUST 56.00
OR Volume 2004 Pose 714 - 716
MEMOR AND UM OF TR UST
KNOWN ALL MEN BY THESE PR ESENTS, That in accordance with the provisions of Ohio
R evised Code, the undersigned WILLIAM APOSTELOS , as the Grantor and STEVEN C.
SCUD D ER , as the Trustee of the The WMA Trust Agreement dated the 23 R D day of July 2013,
does hereby set forth the following information concerning the aforementioned trust:
(4) The trustee has full and complete powers, pursuant to the General Powers of the Trustee in
said trust, as attached as Exhibit "A".
(5) The designated Sucessor-Trustee of said trust, to serve in the event of the death, resignation
or incompetency of the original trustee(s), is WINN ) L. 11
as set forth in the trust. The Successor-Trustee shall have the full and complete powers
as listed in the General Powers of the Trustee, being the same as is vested upon the original
trustee.
The undersigned, William Apostelos, being the Grantor and Steven C. Scudder, being the original
trustee of the above referenced trust, as hereunto affixed his/her/their signature this 1/4:1 ) day
of July_, 2013.
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BK: 2004 PG: 715
State of Ohio,
County of ) A _ O P . O . A M , ss:
BE rr R EMEMBER ED , That on this day of _July_, 2013, before me, the
subscriber, a Notary Public in and for said County and State, personally came William Apostelos and
Steven C. Scudder, who acknowledged that the signing thereof is his/her/their free and voluntary act and
deed.
IN TESTIMONY THER EOF, I have hereunto subscribed my name and affixed my seal on the
day and year last aforesaid.
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,
. I %.\\% This Instrument Prepared under direction of:
William Apostelos and Steven C. Scudder
R EBEKAH E. FAIR CHILD , Notary Public
In and for the State ct Ohio
Ily Commission Expires AO 1, 2017


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1 1 1 1




BK: 2004 PG: 716
and nothing in this Trust Agreement shall be construed to require pre-payment of any
Loan. This Trust Agreement shall be construed in accordance with and governed by the
laws of the State of Ohio.
1 2. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns. Notwithstanding the preceding sentence, neither
Grantor nor any Lender may assign its rights or obligations under this Trust Agreement to
any other party without the consent of Grantor and/or any other Lender with any Loan
then outstanding, as appropriate.
1 3. Except as indicated in this Trust Agreement or on the copy of the title insurance policy
(the "Policy") attached as Exhibit 2, Grantor represents and warrants that, to the best of
his knowledge, and after reasonable investigation, there are no liens, mortgages or other
encumbrances related to the Real Property.
GENERAL POWERS OF THE TRUSTEE
Subject to the limitations imposed by the preceding provisions of this Trust Agreement, and to
the extent Trustee reasonably determines, in its sole discretion, that such action is necessary to
accomplish the purposes for which the Trust was established, the Trustee shall have the power
to:
(a) Buy or otherwise acquird, to hold, to exchange or partition, to sell at public or private sale,
and to mortgage, pledge or otherwise encumber or dispose of all or any part of any Trust asset,
and to execute any and all deeds, promissory notes, mortgages and other instruments
necessary or appropriate to do so.
(b) To lease and sublease all or any part of the Real Property on such term(s) as the Trustee
deems advisable.
(c) Contest or compromise any claims in favor of or against or in any way relating to any asset
of the Trust, including but not limited to the Real Property.
Notwithstanding any provision of this Trust Agreement, no Trustee shall be required to take any
action, which will, in the opinion of the Trustee, create the potential for any personal liability
unless first indemnified to its satisfaction.
7
Transferred
Sale Price __,/zz1 4
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1 1
AUG - 7 2 0 1 3
J o h n S . F a d a r e r
A u d i t o r
A PPROVED
Clark County Tax Map
L . I. S -
AUG 0 7 zo li
2 6-5
iLegal De s c r i p t i o n
K Survey Plot / Loteplit
K Subdivision /Annexation
2013 00013 649
Filed
for Record in
CLARK COUNTY, OH
NANCY PENCE: RECORDER
08-07-2013 At 12:18
PM.
QUIT CLAIM 64:00
OR Volume 2004 Pose 717
- 720
Executed this

day of bli_k 2013
O

WILLIAM APOTELOS


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BK: 2 0 0 4 PG: 7 1 7
QUIT-CLAIM DEED
WILLIAM APOSTELOS, married, for V aluable C onsideration Paid Grants to
STEVEN C. SCUDDER, Trustee of the WMA Trust Agreement dated the 23 RD day of July 2013,
whose Tax Mailing Address is 35 C ommercial Way - Springboro, Ohio 450 66, the following REAL
PROPERTY:
Situate in V irginia Military Survey #5999, Harmony Township, C lark C ounty, Ohio and being
further described as follows:
See Exhibit "A" for complete legal description.
I ao -~ ~ -0 5999 ocx)-996
Parcel I d No: 1 ,?-7 -1 Cco -009
Prior I nstrument Reference: Official Records V olume , Page , of the Deed
Records of C lark C ounty, Ohio.
CONNIE M. APOSTELOS, Wife of the Grantor hereby releases all rights of dower herein.
Subject to all legal highways, easements, conditions, restrictions and reservations of record, together with
all real estate taxes hereafter due and payable, which taxes Grantee hereby assumes and agrees to pay.
tl
BK: 2 0 0 4 PG: 7 1 8
Page 2
State of OHI O
C ounty of i ss:
BE IT REMEMBERED, that on this day of
S 1
20 1 3,
before me, a Notary Public in and for said State and C ounty, personally came, WILLIAM
APOSTELOS and CONNIE M. APOSTELOS, husband and wife, the Grantor(s) in the foregoing
Deed, and acknowledged the signing thereof to be his/her/their voluntary act and deed.
IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my official seal
on the day and year aforesaid.
(Seal)
Notary?abli
REBEKAH E. FAI RC HI LD, Notary Pubic
.......
I n and for the State of Ohio
\\\ I / 1 4 ..
My C ommission Expinas April 1 , 20 1 7
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This I nstrument Prepared by: Grantor / Grantee
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ikMcDougall - Marsh
Land Surveyors
852 9Byers Road, Miamisburg, Ohio 4 534 2
Tel: 937-84 7-2 660-Fax 937-84 7-2 670
BK: 2 0 0 4 PG: 7 1 9
1 68.80 48 acres
Hook Property
Situate in V irginia Military Survey #5999, Harmony Township, C lark C ounty, Ohio. Being all of a
1 69.3 acre (by deed) parcel conveyed to John Hook, Revocable Trust, by O.R. 1 790 , Page 20 64 of the
Deed Records of C lark C ounty, Ohio, and being a tract of land more particularly described as follows:
All of the Plats and Deeds referenced hereon, are recorded in the Plat and Deed Records of Clark
County, Ohio.
Starting for reference at a railroad spike found at the centerline intersection of South Houston Pike and
Wilson Road:
Thence, N 3346'34"W, with the centerline of said South Houston Road, for a distance of 51 .0 1 feet
to a Mag nail set at the True Point of Beginning:
Thence, from said True Point of Beginning, N 3346'34"W, continuing with the centerline of said
South Houston Road, for a distance of 689.1 7 feet to a 5/8" iron pin set at the southwest corner of a
1 2.2 acre parcel conveyed to Harry E. Burnsworth, Jr. and Grace E. Kelly-Bnmsworth by O.R. 1 955,
Page 74-76 and on the south line of V .M.S. #4480 :
Thence, N 50 0 0 '0 0 "E, with the south line of said 1 2.2 acre parcel and the south line of said V .M.S.
#4480 , passing a fence post found at 7.0 0 feet and a capped "RE Hankison" iron pin found at 51 4.42
feet, for a total distance of 1 0 60 .0 2 feet to a 5/8" iron pin set:
Thence, N 850 2'54"E, for a distance of 1 75.24 feet to a 5/8" iron pin set:
Thence, N 1 31 7'0 0 "W, for a distance of 1 67.97 feet to a capped "RE Hankison" iron pin found on
the south limited access right-of-way line of U.S. Route 40 :
Thence Northeasterly, with a curve to the left, with said limited access right-of-way line, having a
radius of 5789.58 feet, an arc length of 352.72 feet, with a central angle of 329'26" and chord length
of 352.67 feet which bears N 7649'0 4"E, to a 5/8" iron pin set at a point of tangency at Station
1 396+85.29/60 .0 0 feet right of the centerline of said U.S. Route 40 east bound per ODOT right-of-
way plans C LA. 40 -24.31 :
Thence, N 750 4'20 "E, continuing with the south limited access right-of-way line of said U.S. Route
40 , for a distance of 41 3.74 feet to a fence post found at Station 1 40 0 +99.50 /60 .0 0 feet right, per said
ODOT right-of-way plans C LA. 40 -24.31 and the northwest corner of a 1 51 .77 acre parcel conveyed
to William H. Olinger, I I I by O.R. 1 498, Page 41 0 :
* THOMAS ' :"(- )
Date:
5/`? //3

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BK: 2 0 0 4 PG: 7 2 0
Thence, S 0 521 '0 4"E, with the west line of said 1 51 .77 acre parcel, for a distance of 568.26 feet to a
5/8" iron pin set:
Thence, S 3959'21 "E, continuing with the west line of said 1 51 .77 acre parcel, passing a fence post
found at 3691 .29 feet, for a total distance of 3691 .73 feet to a 5/8" iron pin set on the north line of a
57.25 acre parcel conveyed to Olinger Farms, LLC . by O.R. 1 735, Page 71 9-720 and on the north line
of V .M.S. #421 4:
Thence, S 4937'45"W, with the north line of said 57.25 acre parcel and V .M.S. #421 4, passing a
5/8" iron pin set at 1 70 0 .71 feet, for a total distance of 1 720 .71 feet to a Mag nail set at the southwest
corner of said 57.25 acre parcel and in the centerline of said South Houston Pike:
Thence, N 40 41 '57"W, with the centerline of said South Houston Pike, for a distance of 1 641 .52 feet
to a railroad spike found:
Thence, N 3933'56"W, continuing with the centerline of said South Houston Pike, for a distance of
1 476.41 feet to a Mag nail set on the south line of a 4.41 0 acre parcel conveyed to Dana N. and
C onnie L. Andrews by O.R. 386, Page 20 and O.R. 1 475, Page 468:
Thence, N 50 51 '1 5"E, with the south line of said 4.41 0 acre parcel, passing a 5/8" iron pin found at
26.0 7 feet, a capped "RET" iron pin found at 483.1 9 feet, for a total distance of 671 .42 feet to a
"RET" iron pin found:
Thence, N 1 457'37"W, with the east line of said 4.41 0 acre parcel, for a distance of 396.66 feet to a
5/8" iron pin found:
Thence, S 70 0 4'57'W, with the north lines of said 4.41 0 acre parcel, a 1 .875 acre parcel conveyed to
Joseph and Stacy Patterson by O.R. 1 843, Page 386, a 1 .1 37 acre parcel conveyed to Lowell E. and
Debris E. Davis, Tr. by 0 . R. 1 387, Page 21 82, passing a capped "RET" iron pin found at 371 .50 feet
and fence post found at 851 .75 feet, for a total distance of 882.82 feet to the True Point of Beginning,
C ontaining 1 68.80 48 acres of which 1 .31 1 8 acres are in right-of-way. Subject to all legal conditions,
easements and right-of-ways pertaining to the premises herein described. This description prepared by
McDougall - Marsh Land Surveyors. Based on a field survey made by same in April 20 1 3, under the
direct supervision of Thomas K. Marsh P.S. #7735. All iron pins set are 30 " x 5/8" capped "7735."
Bearings are based on the south line of Tract A, B, and C (N 50 0 0 '0 0 "E) as recorded in Survey
V olume 20 , Page 85 of the Survey Records of C lark C ounty, Ohio.
cgA/71 1 0,-
Thomas K. Marsh P.S. #7735
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C lark C ounty Tax Map
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MAY 1 0 20 1 3
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/Legal Description
Survey Plat I Lotspiit
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Subdivision I Annexation