1992 Agreement

1

E. A. Prichard
McGuire Woods Battle & Boothe

1991.11.15 (E. A. Prichard to Anthony OConnell)
McGuire Woods Battle & Boothe
8280 Greensboro Drive
Suite 900
P.O. Box 9346
McLean, Virginia 22102
(703) 712-5000
Fax: (703) 712-5050
November 15, 1991
Anthony M. O'Connell
6541 Franconia Road
Springfield, Virginia 22150
Re: Land Trust Agreement for approximately 15 acres of land located
in Fairfax County, Virginia, known as Accotink
Dear Mr. O'Connell:
Enclosed for your review please find drafts of the following:
1. Deed in Trust Under Land Trust Agreement;
2. Power of Attorney; and
3. Land Trust Agreement.
When reviewing these documents, we would appreciate your specifically
verifying that the ownership percentages set forth on page 12 of the Land Trust
Agreement are accurate. Additionally, since we noticed a discrepancy between the
way your sister Sheila's last name was spelled in your letter to me of October 23 and
in your mother's will, we would like you to verify which spelling is accurate.
Please call me once you have had an opportunity to review the enclosed.
Sincerely yours,
(seal)
E. A Prichard
EAP/RAH/slw
Enclosures

2

Land Trust Agreement
(Narrative only, less exhibits)

1992.10.16 (Land Trust Agreement at bk8845p1449)
THIS LAND TRUST AGREEMENT ("Trust Agreement"), dated as of the 16th
day of October, 1992, between ANTHONY MINER O' CONNELL, TRUSTEE,
(collectively, "Trustee" or "Trustees"), and JEAN MARY O'CONNELL
NADER, SHEILA ANN O'CONNELL, ANTHONY MINER O'CONNELL, and ANTHONY
MINER. O'CONNELL, Trustee Under the Last Wil1 and Testament of
Harold A. O'Connell (collectively, "Beneficiary" or
"Beneficiaries") provides:
RECITALS
R-1. Beneficiaries, by virtue of that certain Deed in Trust
Under Land Trust Agreement recorded in Deed Book 8307 at Page 1446
among the land records of Fairfax County, Virginia, have caused
title to the real property described in the attached and
incorporated Exhibit A ("Property") to be conveyed to the Trustee .
R-2. Pursuant to that certain Power of Attorney dated 16th day of October,
1992, a copy of which is attached and incorporated herein as
Exhibit B, the Beneficiaries designated Anthony Miner 0'Connell
("O'Connell") as their true and lawful agent and attorney-in-fact
to do, execute and perform all and every act or thing necessary to
be done in and about the Property.
R-3. By this Trust Agreement, the Trustee will hold legal
title to the Property for the uses and purposes and subject to the
terms and conditions set forth in this Trust Agreement.
NOW, THEREFORE, for and in consideration of the premises,
the foregoing recitals, and the mutual covenants contained herein,
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, hereby agree as follows:
1. Recitals. The recitals set forth above are
incorporated herein by reference, as if fully set forth in the text
of this Trust Agreement.
2. Legal and Beneficial Title. Beneficiaries have
appointed and do hereby constitute and appoint the trustee, or his
survivor(s) or successor(s), as trustee for Beneficiaries to hold
legal title to the Property for the benefit of beneficiaries, their
successors and assigns, pursuant to the terms and conditions of
this Trust Agreement. The Trustee hereby declares, acknowledges and
agrees that the Trustee holds, and shall continue to hold pursuant
to this Trust Agreement, the legal record title to the Property as
trustee and nominee for the benefit of the beneficiaries.
3. Beneficiaries' Rights and Obligations.
3.01. The parties hereto acknowledge that this Trust
Agreement evidences the ownership (and all of the burdens and
benefits thereof) in the Property by the Beneficiaries; provided,
however, that the interest of beneficiaries in the Property shall
be deemed to be personal property, pursuant to the provisions of
Section 55-17.1 Code of Virginia (1950 as amended), and shall pass
or may be assigned or otherwise transferred as such. No Beneficiary
(Page 2 at BK8845 1450)
shall have any legal or equitable right, title or interest, as
realty, in or to any real estate which constitutes all of any part
of the Property, or the right to compel partition. The
Beneficiaries shall have only the right, as personalty, hereinabove
set forth. The death of a Beneficiary shall not terminate this
trust or in any manner affect the powers of the Trustee. The death
or resignation of O'Connell or any successor attorney-in-fact
("Attorney-in-Fact") designated by the Beneficiaries shall not
terminate this trust or in any manner affect the powers of the
Trustee but shall result in the designation by the Beneficiaries of
a successor attorney-in-fact. Notwithstanding the foregoing, the
Beneficiaries shall be the real and beneficial owners of the
Property for all purposes whatsoever (including, without
limitation, risk of loss, federal, state and local income taxes,
estate and inheritance taxes, and real property taxes), to the same
extent and with the same force and effect as if a deed to the
property had been recorded in the name of the beneficiaries.
Accordingly, without limiting the generality of the foregoing, from
and after the effective date of this Trust Agreement, The
Beneficiaries shall have the right, acting by and through their
Attorney-in-Fact, to (i) use, occupy, enjoy, and control the
Property, to receive the earnings, profits and proceeds from any
rental, sale, financing or refinancing, or other disposition of the
Property, including any proceeds from casualty or title insurance
policies and any condemnation awards or proceeds, and to otherwise
have and exercise all of the burdens and benefits of beneficial
ownership and control of the Property; (ii) develop the Property or
construct, repair, alter, remodel, demolish or replace any
improvements on the Property, in such manner or form as the
Attorney-in-Fact shall determine in his or her sole discretion;
(iii) lease, contract to lease, grant options to lease and renew,
extend, amend or otherwise modify I eases on the Property, any
portion or portions thereof, or any improvements located thereon,
from time to time, for any rental and upon any other terms and
conditions: and (iv) encumber, convey, or otherwise deal with title
to the Property or any portion or portions of the Property and
direct the Trustee to encumber, conveyor otherwise deal with legal
title to the Property, or any portion or portions of the Property,
as hereinafter set forth.
3.02. Except for those obligations of Trustee referenced
in paragraph 9.02, Beneficiaries, acting by and through their
Attorney-in-Fact, hereby covenant and agree to (i) pay all real
estate taxes and other assessments for the Property, when and as
the same are due; (ii) at all times adequately insure any
improvements on the Property against fire and other casualties, and
maintain liability insurance in reasonable amounts with a company
doing business in the Commonwealth of Virginia that is reasonably
acceptable to the Trustee, all of which policies shall name the
Trustee as additional insured thereunder; (iii) pay all sums
falling due under any and all loans or other liens now or hereafter
affecting, encumbering, relating to or arising from any contract
relating to the property; (iv) pay all expenses in connection with
the ownership and upkeep of, or otherwise concerning, the Property,
including, without limitation, all maintenance charges, insurance
(Page 3 at BK8845 1451)
premiums, repairs, etc.; (v) pay all costs in connection with any
transfer of the property, legal title thereto, or any interest
therein, including any transfer and/or recordation taxes or costs
in connection with any financing pI aced on the Property or any
transfer of the Property or any interest therein; and (vi) file all
income tax returns with respect to the Property and its operation
and pay all taxes on the earnings and avails of the Property or
growing out of the ownership thereof.
4. DUTIES of TRUSTEE; ACTIONS by Trustee.
4.01. Trustee shall perform the following duties
without compensation therefor, except as is otherwise provided in
paragraphs 8 and 9 of this Trust Agreement: Trustee has the
authority to (i) execute all instruments which shall be necessary
to protect and conserve the Property; (ii) sell, contract to sell
and grant options to purchase the Property, or any portion or
portions thereof and any right, title or interest therein for cash
or on credit; (iii) exchange the Property, or any portion or
portions thereof, for any other real property upon any terms; (iv)
convey the Property, or any portion or portions thereof, by deed or
other conveyance to any grantee, with or without consideration; (v)
mortgage, pledge or otherwise encumber the Property, or any portion
or portions thereof (including the granting of deeds of trust
thereon); and (vi) release, conveyor assign any other right, title
or interest whatsoever, in, to or about the Property, or any
portion or portions thereof. Trustee shall have the power to
perform any of the above acts without the consent of the
Beneficiaries or the Attorney-in-Fact. Upon written direction of
all the beneficiaries or Attorney-in-Fact, Trustee shall be
required to perform any of the above acts. Trustee shall not be
required to inquire into the authenticity, necessity or propriety
of any written direction executed and delivered to it by all of the
Beneficiaries or their Attorney-in-Fact pursuant to this paragraph.
4.02. The foregoing power and authority of Trustee, as
contained in paragraph 4.01 above, shall in no way limit the power
of the Beneficiaries to take any and all of the same actions in
their own name and stead in lieu of taking action through Trustee,
to the extent permitted by the laws of the State of Virginia.
4.03. All actions by the Trustee under this Trust
Agreement shall be effective only if joined in, in writing, by all
parties comprising Trustee. Should a dispute or disagreement arise
between the Beneficiaries in respect of this Trust Agreement or the
Property, the Trustee shall be entitled, in his or her sole and
absolute discretion, to seek the guidance of a court of law or
equity in accordance with applicable law.
4.04. (a) If the Property or any part thereof remains
in this trust at the expiration of twenty (20) years from the date
hereof, the Trustee shall promptly either convey record title to
the Property to the Beneficiaries, at the cost of the·
Beneficiaries, or promptly sell the Property at a public sale after
a reasonable public advertisement and reasonable notice thereof to
the Beneficiaries I and after deducting the reasonable cost and.
expenses of such sale, the Trustee shall deliver the proceeds of
sale either to the Attorney-in-Fact or to the Beneficiaries in
accordance with the respective interests.
(Page 4 at BK8845 1452)
(b) If at any time prior to the expiration of
twenty (20) years from the date hereof the assets of this trust
shall consist solely of cash, the Trustee shall transfer and
deliver all of such assets to either the Attorney-in-Fact or the
Beneficiaries in accordance with their respective interests. Upon
the completion of the action required by this paragraph, the trust
and this Trust Agreement shall terminate.
4.05. Anything in this Trust Agreement to the contrary
notwithstanding, the Trustee is directed to sell the Property or
any portion thereof without the consent of the Beneficiaries if, at
any time prior to the expiration of twenty (20) years from date
hereof, the Trustee shall deem it advisable in order to protect the
interests of the Beneficiaries, but no such sale may be made until
after reasonable notice thereof is given to all of the
Beneficiaries. After deducting the reasonable costs and expenses
of such sale, the Trustee shall deliver the proceeds thereof to the
Attorney-in-Fact or the Beneficiaries in accordance with the
provisions of subparagraph 4.04 above.
5. Trustee Not to Exercise Rights of Ownership or
Control Over Property. Trustee does hereby covenant and agree with
the beneficiaries that Trustee will not, in Trustee's capacity as
trustee and holder of legal record title to the Property, take any
actions respecting the Property, except in accordance with the
powers granted in paragraph 4.01 above or by the direction of all
of the Beneficiaries or the Attorney-in-Fact. It is expressly
understood and agreed between the Beneficiaries and Trustee that
the manner of holding title to the Property (or any part thereof)
is solely for the convenience of the Beneficiaries; accordingly,
the spouse, executors, administrators, beneficiaries, distributees,
successors or assigns of any party comprising Trustee or any other
holder of record title to all or any portion of the Property, shall
have no right, title or interest in and to any of the property by
reason of the manner in which title is held, but the entire
Property shall be treated as property of the Beneficiaries, subject
to the terms of this Trust Agreement. Trustee hereby assigns to
the Beneficiaries the proceeds, if any, receivable by Trustee with
respect to any insurance policies under which Trustee is insured
with respect to Trustee's holding record title to the property,
including, without limitation, proceeds from title insurance
policies.
6. Disclaimer of Partnership. This Trust Agreement
shall not be deemed to be, or create or evidence, the existence of
a business trust, an association in the nature of a corporation, a
partnership, a joint venture or any other business entity or
enterprise between the Trustee and the Beneficiaries,
7. Third Parties.
7.01. No party dealing with the Trustee in relation
to the Property, or any portion or portions thereof, in any manner
whatsoever and (without limiting the foregoing), no party to whom
the Property, or any portion or portions thereof, or any interest
therein shall be conveyed, contracted to be sold, leased or
mortgaged by Trustee, shall be obliged to (i) see to the
application of any purchase money, rent or money borrowed or
otherwise advanced on the Property; (ii) see that the terms of this
(Page 5 at BK8845 1453)
Trust Agreement have been complied with; (iii) inquire into the
authority, necessity or expediency of any act of Trustee; or (iv)
be privileged to inquire into any of the terms of this Trust
Agreement.
7.02. Every deed, mortgage, lease or other instrument
executed by Trustee in relation to the Property, or any portion or
portions thereof, shall, if joined in by all parties comprising
Trustee in conformity with the provisions of paragraph 4.03 of this
Trust Agreement, be conclusive evidence in favor of every person
claiming any right, title or interest thereunder (i) that at the
time of delivery thereof the trust created hereunder was in full
force and effect, (ii) that such instrument was executed in
accordance with the terms and conditions of this Trust Agreement
and all amendments hereof, if any, and is binding upon the
Beneficiaries, (iii) that Trustee was duly authorized and empowered
to execute and deliver such instrument, and (iv) if a conveyance
has been made to a successor or successors in trust, that such
successor or successors have been properly appointed and are fully
vested with all of the title, estate, rights, powers, duties, and
obligations of its, his or their trust.
7.03. No person or entity not a party hereto,
specifically including (but not limited to) any creditors of any of
the Beneficiaries or Trustee, shall derive any rights or benefits
by virtue of the provisions of this Trust Agreement whether under
any third party beneficiary theory, right of subrogation or
otherwise; and any and all intention to create any such rights in
any person or entity not a party hereto is hereby specifically
disclaimed.
8. Trustee Not Individually Liable: Indemnification and
Reimbursement of Trustee by the Beneficiaries.
8.01. The Trustee, in such capacity, shall have no
individual liability or obligation whatsoever arising from holding
the legal record title to the Property pursuant to the provisions
hereof or any act on taken by the Trustee with respect to the
Property except as a result of Trustee's gross negligence or
willful misconduct, or with respect to any act done or contract
entered into or indebtedness incurred by the Beneficiaries, and the
Beneficiaries shall indemnify, defend and hold· Trustee harmless
from any such liability and obligations. Any instrument required
to be executed by Trustee with respect to the Property, including
but not 1imi ted to deeds, deed of trust or mortgages, shall
expressly state that the Trustee has joined in such instrument
solely in the capacity as Trustee and will have no personal
liability or obligation thereunder for performance of any covenants
thereof or for payment of any indebtedness or other sums evidenced
or secured thereby.
8.02. Notwithstanding the obligations in paragraph
9.02, the Trustee shall not be required (i) to take any action with
respect to the property unless the Trustee shall have been
furnished with sufficient funds therefor or be indemnified to
Trustee's reasonable satisfaction with respect to the costs
thereof; or (ii) to pay or advance any sums of money with respect
to the property or this Trust Agreement except from funds provided
to Trustee for such purpose. If Trustee shall pay any money or
(Page 6 at BK8845 1454)
incur any liability to pay any money on account of this Trust
Agreement or the Property, or any portion or portions thereof, or
incur any liability to pay any money on account of Trustee holding
title to the Property or otherwise in connection with this Trust
Agreement, whether because of breach of contract, injury to person
or property, fines or penalties under any law, or otherwise,
Beneficiary agrees that, except as is otherwise provided in
paragraphs 8.01 above and 9.02 below, the Beneficiaries will, at
their expense, indemnify, defend and hold harmless Trustee from and
against any liabilities or obligations incurred by Trustee for any
reason whatsoever as a result of this Trust Agreement, including
all loss, costs, expenses and reasonable attorneys' fees, and that
the Beneficiaries will, on demand, pay Trustee all such payments
made by Trustee together with trustee's expenses, including
reasonable attorneys' fees.
8.03. The Trustee shall be entitled to rely, and
shall be fully protected in relying, upon any communication or
document to have been made or signed by the Attorney-in-
Fact provided the Trustee has not received written notice of the
revocation of the power of attorney by any of the Beneficiaries.
Effective immediately upon Trustee's receipt of such notice,
Trustee shall take no action under this Trust Agreement, except as
provided in paragraph 4.01, without the consent of all of the
Beneficiaries or a final order from a court of competent
jurisdiction authorizing such action.
9. Compensation of Trustee; Expenses Paid by Trustee;
Real Estate Taxes.
9.01. Trustee shall be compensated for its duties
under this Trust Agreement on a value added basis. The
Beneficiaries agree that the basis of the trust property is
$300,000, the assessed value of the property determined by a
professional appraisal on June 8, 1992. Trustee is to receive 1/3
of any amount realized above the $300,000 basis upon sale of the
property or 1/3 of any increase in the appraised value of the
property upon conveyance of title to the Beneficiaries.
9.02. Trustee agrees to pay for all expenses
voluntarily undertaken towards increasing the value of the property
and the expense of any sales commission incurred in the
sale of the property.
9.03. All real estate taxes on the property shall
be shared by all of the Beneficiaries
. If a Beneficiary does not
provide his or her share of the taxes, The Trustee will pay the
shortfall and shall be reimbursed the principal plus 10% interest
per annum. Trustee shall be reimbursed for any outstanding real
estate tax shares or other Beneficiary shared expense still owed by
any Beneficiary at settlement on the eventual sale of the property.
10. Termination; Resignation of Trustee; Amendment.
The Trust created hereunder may be terminated by all of the
Beneficiaries or the Attorney-in Fact at any time and, upon such
termination, Trustee shall convey the Property, or any remaining
portion or portions thereof, to the Beneficiaries or to any person
or persons designated by each of them, in accordance with their
respective interest, at the sole cost of the Beneficiaries. This
Trust Agreement may be amended only by a written agreement executed
(Page 7 at BK8845 1455)
by Trustee and all of the Beneficiaries or the Attorney-in-Fact and
may be revoked or terminated by written notice from all of the
Beneficiaries or the Attorney-in-Fact to Trustee. Trustee shall,
upon the direction of all the Beneficiaries or the Attorney-in-Fact
and at the sole cost of the Beneficiaries, execute any and all
amendments hereto or modifications hereof, provided that the same
preserve the provisions of paragraphs 8 and 9 hereof unless
otherwise agreed in writing by all of the Beneficiaries or the
Attorney-in-Fact and Trustee. Notwithstanding the foregoing, the
Trustee shall have the right to resign as trustee upon thirty (30)
days written notice if any of the Beneficiaries shall fail in any
material respect to perform any of their obligations under this
Trust Agreement running to the benefit of Trustee, without any
further liability or obligation of Trustee under this Trust
Agreement, such resignation to be effective upon the date specified
in such notice unless the Beneficiaries shall substitute a new
trustee or trustees prior to such effective date pursuant to the
provisions of paragraph 12 of this Trust Agreement. The resigning
Trustee shall not be required or obligated to take any action under
this Trust Agreement or with respect to the Property from and after
the date any such notice of resignation is given, except to convey
the property to a successor trustee if so requested. In the event
all trustees then serving under this Trust Agreement resign and no
substitute trustees are appointed by the Beneficiaries prior to the
date such resignation is effective, then the trustee may convey
record title to the Property to the Beneficiaries in accordance
with their respective interests, at the Beneficiaries' cost, or, at
Trustee's option, file a suit for appropriate relief in a court of
competent jurisdiction.
11. Governing Law. This Trust Agreement shal1 be
construed in accordance with the 1aws of the Commonwealth of
Virginia.
12. Recordation; Copies of Trust Agreement. The
Beneficiaries shall have the right, at their expense and without
cost to Trustee I to have this Trust Agreement I or a memorandum
hereof, recorded among the land records of Fairfax County,
Virginia. Copies of this Trust Agreement or any amendment hereto or
modification hereof, certified by Trustee or all of the
Beneficiaries or their Attorney-in-Fact to be true and correct,
shall be satisfactory evidence thereof for all purposes.
13. Substitution of Trustees. All of the Beneficiaries
in agreement or the Attorney-in-Fact shall have the absolute right,
at any time and for any reason, with or without cause, to remove
the Trustee, or any of them, and to appoint a substitute trustee or
trustees hereunder,· or upon the resignation on, death, incapacity,
disability or absence of the Trustee, or any of them, to appoint a
successor trustee or trustees hereunder, which appointed successor
or substitute trustee or trustees shall be conferred with all the
rights and charged with all the duties that are conferred or
charged upon the Trustee originally named herein, and Trustee
covenants to promptly execute, acknowledge and deliver to the
Beneficiaries a deed conveying record title to the Property to the
successor trustee(s) and any and all documents in connection
therewith. Said power of SUbstitution or removal may be exercised
(Page 8 at BK8845 1456)
at any time or from time to time, with or without cause, and one or
more exercises thereof shall not be deemed to exhaust said power.
14. Successors. The provisions of this Trust Agreement
shall inure to the benefit of, and be binding upon, the parties
hereto and their respective heirs, representatives, successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Land Trust Agreement under seal as of the day and year first above
written.
            Trustee:  
         
      (seal)  
      Anthony Miner O'Connell, Trustee  
      6541 Franconia Road  
      Springfield, Virginia 22150  
         
  Percentage Interest In The Trust         Beneficiaries:  
         
  17.96687%   (seal)  
      Jean Mary O'Connell Nader  
         
  17.96687%   (seal)  
      Sheila Ann O'Connell  
         
  17.96687%   (seal)  
      Anthony Miner O'Connell  
         
  46.0994%   (seal)  
      Anthony Miner O'Connell, Trustee  
      Under the Last Will and Testament  
      of Harold A. O'Connell  


STATE OF Virginia
COUNTY OF Fairfax, to wit:
The foregoing instrument was acknowledged before me this
3rd day of August 1992, by Anthony Miner O'Connell,
Trustee.
Barbara A Antonucu(?)
Notary Public
My Commission expires: 7-31-94
STATE OF
COUNTY OF       to wit:
(Page 9 at BK8845 1457)
The forgoing istrument was acknowledged before me this
13th day of August 1992, by Jean Mary O'Connell Nader.
Frances E. Albert
Notary Public
My Commission expires:
STATE OF Maine
COUNTY OF Cumberland , to wit:
The foregoing instrument was acknowledged before me this
16th day of October 1992, by Sheila Ann O'Connell .
Pearl R Mahany
Notary Public
My Commission expires: 7/31/94
STATE OF Virginia
COUNTY OF Fairfax, to wit:
The foregoing instrument was acknowledged before me this
3rd day of August 1992, by Anthony Miner O'Connell,
Barbara A Antonucu(?)
Notary Public
My Commission expires: 7-31-94
STATE OF Virginia
COUNTY OF Fairfax, to wit:
The foregoing instrument was acknowledged before me this
3rd day of August 1992, by Anthony Miner O'Connell,
Trustee, under the Last Will and Testament of Harold A. O'Connell.
Barbara A Antonucu(?)
Notary Public
My Commission expires: 7-31-94
(BK8845 1458)

3

ORDER by Chief Judge Dennis J. Smith, January 25, 2013

THIS CAUSE came on to be heard upon the motion of the Plaintiff, Jean Mary O'Connell Nader, by counsel, for summary judgment pursuant to Va. Sup. Ct. Rule 3:20; upon the reply to the motion filed by Sheila Ann O'Connell, pro se; and upon the argument of counsel; and
IT APPEARING TO THE COURT as follows:
1. The material facts set forth in the Complaint filed by Plaintiff in this action are deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule 1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the responsive pleading filed by him, entitled "Response to Summons Served on September 8, 2012."
2. In her Answer to the Complaint and Reply to Motion for Summary Judgment, the remaining party-in~interest, Defendant Sheila Aim O'Connell, agrees with the facts set forth in the Complaint and the relief requested by Plaintiff.
3. Because there are no material facts in dispute in this action and the facts alleged in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup. Ct. Rule. 3:20 on all counts alleged in Plaintiff's Complaint is appropriate.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count I of
the Complaint be, and hereby is, granted; that Anthony Miner O'Connell is hereby removed as
trustee under the Trust Agreement dated October 16, 1992,
pursuant to Va. Code § 64.21405
(formerly Va. Code § 26-48), effective immediately; and that all fees payable to Anthony
Minor O'Connell under the terms of the Land Trust Agreement, including but not limited to, the
trustee's compensation under paragraph 9~01, and all interest on advancements by the trustee to .
the trust for payment of real estate taxes pursuant to paragraph 9.03; are hereby disallowed and
deemed forfeited;
B. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count II of the Complaint be, and hereby is, granted; that Anthony Minor O'Connell is hereby removed as trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, pursuant to Va. Code § 64.2-759 (formerly Va. Code § 55-547.06), effective immediately;
C. That judgment in favor of Plaintiff as to Count III of the Complaint be, and hereby is, granted; that Plaintiff Jean Mary O'Connell Nader is hereby appointed as successor trustee under the Land Trust Agreement and as trustee of the trust under the Last Will and Testament of Harold A. O'Connell; that the term of the Land Trust Agreement is hereby continued until further Order of this Court or until the real property held under the Land Trust is sold and final distribution of the net proceeds is made to the trust's beneficiaries, whichever occurs first; and that Plaintiff, as successor trustee Under the Land Trust Agreement, shall proceed forthwith to sell the real property held by such trust as soon as reasonably practicable upon such terms and conditions as she deems appropriate and consistent with her fiduciary duties; and
D. That Plaintiff is hereby awarded her reasonable attorney's fees and costs in this action in the amount of $l7,504.12, to be paid from the Land Trust at such time as funds become available.
ENTERED this 25th day of January, 2013.
(seal) (I believe this is the signature of Chief Judge Dennis J. Smith).
Judge
I ASK FOR THIS:
BLANKING & KEITH. P.C.
4020 University Drive
Suite 300
Fairfax, VA 22030
(703) 691-1235
FAX: (703) 691-3913
By: (seal)
Elizabeth Chichester Morrogh VSB No.25112
BVMorrogh@bklawva.com
Jennifer L. McCammon, VSB No. 77034
JMcCammonAbklawva.com
Counsel for Plaintiff

Comments:
(1) An Agreement does not transfer ownership or "successor trustee" status. A Deed transfers ownership.
(2) The Deed with the same date and signatories as this Agreement makes this Order against the law. There are many other things that make this Order against the law.
(2) Why does Judge Smith not recognize the Deed or say why it should not be recognized? It has been in the public record for 23 years.
(3) History suggests that the accountants and their collaborators want Jean Nader in and me [Anthony OConnell] out because they can use trusting, fear driven, Jean Nader as an unwitting agent to make money disappear and to cover it up. This could be verified by trying to expose the accounting at bk467p191. I would comfront them.

4

B&K law firm

(July 3, 2013, B&K Law firm to Anthony OConnell and Sheila OConnell)
Property in the Lee District, Fairfax County
TM 90-4 ((1 )) 17
Dear Ms. Shevenell and Mr. O'Connell:
This firm is representing your sister Jean O'Connell Nader in her capacity as Successor
Trustee under the Land Trust Agreement dated October 16, 1992.
Jean has asked us to bring you
up to date on the actions she has taken with regard to the approximately 15 acre trust property
("Property") identified above since she was appointed Successor Trustee on January 25, 2013.
It was apparent to Jean when she became Successor Trustee that the Property had to be
sold. The delinquent real estate taxes, which had been accruing interest and penalties, were
approaching a total of $30,000, and Fairfax County had turned the matter over to a collection
agency. Jean was advised that if the taxes were not brought current, there would eventually be a
tax sale which, given the Property's R-l zoning and the fact a large portion of the Property is in
the Resource Protection Area ("RPA"), would in all probability yield only a fraction of the
Property's true value.
Jean's first step was to have the Property appraised. She retained a highly regarded local
appraiser to prepare a Restricted AppraisaL Because it is difficult at this point to predict
accurately the density at which the Property may be approved for development, at our instruction
the appraiser provided a value range per townhouse lot. In detennining this range, he assumed
that the Property could be developed with approximately 30 to 39 townhouse units.
Fairfax,Virginia www'BKLAWVA.COM Manassas,Virginia
While Tony was Trustee he had been in negotiation with Bill Lynch and Andy
Somerville for the sale of the Property. A contract was never signed, but Bill and Andy
apparently did quite a bit ofwork in exploring how the Property could be developed. Knowing
that Bill and Andy remained interested in the Property, we on Jean's behalf asked them to submit
a non-binding letter of intent which set out the basic terms and conditions under which they
would be willing to purchase the Property. They did so, but Jean concluded that the price
offered was not acceptable. She responded with a counteroffer which was eventually accepted.
A letter of intent was executed on May 24, 2013, and we immediately set out negotiating a
binding Real Estate Sales Contract ("Contract") based upon the letter of intent. By June 20,
2013, there was a fully executed Contract between Jean as Successor Trustee and Long Branch
Partners, L.L.C. ("Purchaser"), a limited liability company owned and controlled by Bill and
Andy.
The pertinent provisions of the Contract are as follows:
• There is a 90 day Feasibility Period during which Purchaser will determine
whether to proceed under the Contract or to terminate it.
• In the event Purchaser does not terminate the Contract, within ten (10) days of
the close ofthe Feasibility Period, Purchaser shall pay off the delinquent real
estate taxes, and it shall continue to pay the real estate taxes on the Property as
they become due until Settlement or until termination ofthe Contract.
• The repayment of the real estate taxes to Purchaser will be reflected in a nonrecourse
promissory note which Jean will execute as Successor Trustee and
which will be secured by a Deed of Trust against the Property. At Settlement
there will be credited against the purchase price all the real estate taxes which
Purchaser has paid.
• Purchaser will be responsible, at its own expense, for rezoning the Property
and getting its subdivision approved. (The rezoning will be heard by the
Board of Supervisors in a decidedly political context; the subdivision process
is administrative.) Purchaser's obligation to purchase the Property is
contingent upon its getting approval of at least 30 townhouse lots.
• The purchase price will be determined by the number ofapproved townhouse
lots, the per lot price of $57,500 being the top of the value range established
by the appraiser.
It is anticipated, and the Contract provides, that Settlement will take place in late 2015 or
even early 2016, assuming the contingency is met. While it is unfortunate that Settlement cannot
take place sooner, getting the highest value for the Property necessarily requires having it
rezoned and having its subdivision approved. As noted above, Purchaser will undertake this
effort at its own expense, and that expense will be considerable. Also, while the entitlement
process is moving forward, Purchaser will be paying the real estate taxes on the Property.
Jean is delighted that Purchaser is committed to paying a good price for the Property, as
determined by the appraisal. In addition, because no broker was involved in the transaction, the
Trust will be spared paying a hefty commission out ofthe settlement proceeds.
Bill and Andy appear to be quite excited to have the Property under Contract. They are
experienced developers in Fairfax County and give every indication that they will aggressively
pursue the rezoning of the Property and subdivision approval. At this point there is reason for
cautious optimism that Settlement will eventually take place under the terms and conditions of
the Contract. Please be aware, however, that Settlement is far from certain and that you should
not assume that the contingency will be fulfilled and the Property sold to Purchaser.
We will keep you up to date on Purchaser's progress.
Best regards to you both.
Yours truly,
Sarah E. Hall
SEH/sp
cc: Jean Nader
Elizabeth V. C. Morrogh, Esquire

Comments:
(1) The Agreement does not transfer ownership or "successor trustee" status. The Deed transfers ownership.

5

May 9, 2014
Judge Smith to Anthony OConnell

2014.05.09 (Judge Smithy to Anthony OConnell)
NINETEENTH JUDICIAL CIRCUIT OF VIRGINIA
Fairfax County Courthouse
4110 Chain Bridge Road
Fairfax, Virginia 22030-4009
703-246-2221 • Fax: 703-385-4432 • TOD: 703-352-4139
County of Fairfax, City of Fairfax
(Letter head text omitted)
May 9, 2014
Amhony O'Connell
439 South Vista De Rio
Green Valley, AZ 85614
May 9, 2014
Re: In Re: Harold A. 0 'Connell, CL-2012-13064
Mr. O'Connell,
I am in receipt of your muliple letters, the latest dated April 18, 2014, regarding the
above referenced case. Please note that no action is initiated by sending correspondence to a
judge as all pleadings must be filed with the Clerk of Court. In fact, your communication is
considered to be an ex parte communication to the court which is prohibited. Pursuant to Canon
3137 of Canons of the Judicial Conduct for the State of Virginia, judges can only permit or
consider exparte communications if the judge makes provision promptly to notify all other
parties of the substance of the ex parte communication and allows an opportunity to respond.
A hearing was held in the above-referenced case on January 25, 2013. A final order was
entered on January 28, 2013, a copy ofwhich is enclosed. You will receive no further
correspondence from this Court regarding this matter.
Respectfully yours,
Chief Judge Dennis J. Smith
Fairfax County Circuit Court
cc: Elizabeth Monogb, Esq.
Blankingship& Keith, P.C.
4020 University Drive, Suite 300
Fairfax, VA 22030
End: Order from 1/28/13