Declaration of Covenants, Conditions, and Restrictions

THIS DECLARATION, made this nineteenth day of June 1969, by SUBURBAN HOMES, INC., a Maryland corporation, hereinafter referred to as "Declarant",

WITNESSETH:

WHEREAS, Declarant is the owner of certain real property in the Olney Mill Subdivision of Montgomery County in the State of Maryland, which is more particularly described as: (Description of properties in Olney Mill as recorded among the land records of Montgomery County, Maryland.)

AND WHEREAS, Declarant will convey the said properties, subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth:

NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. These easements, covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof and shall inure to the benefit of each owner thereof.

ARTICLE I – DEFINITIONS

Section 1. "Association" shall mean and refer to Olney Mill Community Association, Inc., a Maryland corporation, its successors and assigns, which shall maintain a Board of Directors of the corporation of seven (7) in number which number may be increased or decreased pursuant to the By Laws of the corporation, but shall never be less than five (5).

Section 2. "Properties" shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be subjected to this Declaration, or any amendment or supplemental Declaration, but shall not include any "Common Area" leased by the Association pursuant to this Declaration, or any amendment or supplemental Declaration.

Section 3. "Common Area" shall mean all real property now or hereafter owned and/ or leased from time to time by the Association for the common use and enjoyment of the members of the Association.

Section 4. "Lot" shall mean and refer to any plot or parcel of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.

Section 5. "Dwelling Unit" shall mean a building or portion thereof originally arranged or designed to provide living facilities for only one family.

Section 6. "Member" shall mean and refer to every person or entity who holds membership in the Association.

Section 7. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 8. "Declarant" shall mean and refer to SUBURBAN HOMES, INC., its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.

ARTICLE II – ANNEXATION OF ADDITIONAL PROPERTIES

Section 1. It is contemplated that Declarant will develop and/or acquire additional lands that will become part of the Olney Mill Subdivision, Montgomery County, Maryland, all or part of which Declarant may wish to subject to the protective covenants, conditions, restrictions, reservations, liens and charges herein set forth. For a period of ten years from the date of the incorporation of this Association, the Declarant shall be permitted, without the assent of Class A members being required, to from time to time annex to said Properties so much of any additional lands that become part of the Olney Mill Subdivision and so much of any additional lands within the general area of the Olney Mill Subdivision acquired and/or developed by Declarant as Declarant shall wish to have so annexed. Declarant shall be further permitted without the assent of Class A members being required, to amend this Declaration to include herein and to subject to the terms hereof all lands annexed in accordance with this Section 1.

Section 2. Annexation of all other additional property shall require the assent of two thirds (2/3) of the Class A members and two thirds (2/3) of the Class B members, if any, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. The presence of members or of proxies entitled to cast sixty percent (60%) of the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at such subsequent meeting shall be one half of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. In the event that two thirds (2/3) of the Class A membership or two thirds (2/3) of the Class B membership are not present in person or by proxy, members not present may give their written assent to the action taken thereat.

ARTICLE III – MEMBERSHIP

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject to this Declaration of Covenants and any amendments hereto, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership.

ARTICLE IV – VOTING RIGHTS

The Association shall have two classes of voting membership:

CLASS A – Class A members shall be all those Owners as defined in ARTICLE III with the exception of Declarant, until such time as Declarant's membership is converted as hereinafter provided. Class A members shall be entitled to the following number of votes:

  1. One vote for each lot, unimproved or improved, in which said member holds the interest required for membership by ARTICLE III; provided, however, that, where more than one person holds such interest in any one Lot, all such persons shall be members, the vote for such Lot to be exercised as they themselves determine, but in no event shall more than one vote be cast with respect to any Lot pursuant to this subparagraph (i).
  2. One additional vote for each completed dwelling unit after the first completed dwelling unit located on each lot in which said member holds the interest required for membership by ARTICLE III; provided, however, that where more than one person holds such interest in any one Lot, all such persons shall be members, the votes herein allotted to be exercised as they themselves determine, but in no event shall more than one additional vote be cast for each completed dwelling unit after the first dwelling unit located on any one Lot.

CLASS B – The Class B member shall be the Declarant. The Class B member shall be entitled to the following number of votes:

  1. Twenty (20) votes for each Lot, unimproved or improved, in which it holds the interest required for membership by ARTICLE III.
  2. One additional vote for each completed dwelling unit after the first completed dwelling unit located on each Lot in which it holds the interest required for membership by ARTICLE III;

PROVIDED, HOWEVER, that the Class B membership shall cease and be converted to Class A membership, with the voting rights therein applicable, upon the happening of either of the following events, whichever occurs earlier; (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) on July 1, 1979.

ARTICLE V – PROPERTY RIGHTS

Section 1. Members' Easements of Enjoyment. Every member shall have a right of easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions:

  1. The right of the Association to limit the number of guests of members;
  2. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area.
  3. The right of the Declarant and/or Association, in accordance with its Articles and By Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, and the right of homeowners hereunder shall be subordinate to the rights of the mortgagee in said properties; however, the right of the Association to mortgage said Common Area and facilities arises only after such mortgage has been approved by votes of at least two thirds (2/3) of the membership, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. The presence of members or of proxies entitled to cast sixty percent (60%) of the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the above notice requirement, and the required quorum at such subsequent meeting shall be one half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. In the event that two thirds (2/3) of the membership are not present in person or by proxy, members not present may give their written assent to the action thereat.
  4. The right of the Association to suspend the voting rights and right to use the recreational facilities by a member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed ninety (90) days for any infraction of its published rules and regulations;
  5. The right of the Association to lease or to acquire a leasehold interest in and to such lands and/or improvements as the Board of Directors shall deem necessary or desirable from time to time for the use by the Association as Common Area, upon such terms and conditions and with such covenants and restrictions as the Board of Directors shall deem proper. Notwithstanding any provision in the Declaration or amendment thereto, the rights of easement and enjoyment in and to said Common Areas from time to time leased or in which the Association has less than a fee simple interest shall be subject to the covenants, restrictions and rights specified in said lease and/or agreement to lease and to the local, State and Federal laws and ordinances from time to time in effect governing said leasing and rights of use and enjoyment. Without the assent or signature of the membership being required, the Board of Directors shall have the right to negotiate for and to enter into such leases and/or agreements as said Board of Directors, in its sole discretion, shall deem necessary or desirable. Upon the commencement of the term of any said leasing and for the term of said lease any said leased property shall be and become Common Area within the meaning of the Declaration.
  6. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members or the Board of Directors. Except as hereinafter provided, no such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two thirds (2/3) of the votes of the Class A membership and two thirds (2/3) of the Class B membership, if any, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than 30 days nor more than 60 days in advance. Without the assent or signatures of the membership being required, the Board of Directors shall have the right to grant such easements, rights of way, and licenses and to dedicate such streets and roads in and through the Common Area as it shall from time to time deem necessary or desirable.

Section 2. Delegation of Use. Any member may delegate, in accordance with the By Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, and such other persons as may be permitted by the Association.

Section 3. Title to the Common Area.

  1. The interest and title in and to any lands and/or improvements leased or acquired for a term of years or in which the Association shall acquire any leasehold interest shall be governed by and shall be in accordance with the lease and/or agreement to lease entered into by the Board of Directors on behalf of the Association as provided by ARTICLE V, Section 1(e) hereof.
  2. The Declarant hereby covenants for itself, its heirs and assigns, that within sixty (60) days after the recording of this Declaration it will designate the Common Area, if any, included in the Properties and convey fee simple title thereto to the Association, subject to all encumbrances, liens, easements, covenants and restrictions of record, and as to all land subsequently annexed pursuant to ARTICLE II, Section 1, Declarant will within sixty (60) days after such annexation or annexations designate the Common Area, if any, included therein and convey fee simple title thereto to the Association, subject to all encumbrances, liens, easements, covenants and restrictions of record.

ARTICLE VI – COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot and for each completed dwelling unit located on any said Lot after the first dwelling unit located thereon owned by it within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (l) the hereinafter provided applicable annual assessment or charge and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for said assessment shall not pass to his successors in title unless expressly assumed by them.

Section 2. Purpose of Assessment. The assessments levied by the Association shall be used exclusively for the following purposes: the promotion of the recreation, health, safety and welfare of the resident in the Properties; the payment of all costs relating to the maintenance and operation of the Association; the payment of the rents, charges, expenses and all other costs relating to and required by any lease agreements for the leasing of Common Areas; the improvement, maintenance, replacement and repair of the Common Areas including, but not limited to, the maintenance, improvement and establishment of any parks, playgrounds, roads, paths and any and all other facilities located or established from time to time thereon and including the cost of all labor, equipment, materials, management, supervision and all other costs directly or indirectly incident thereto; the promotion, improvement and maintenance of the beautification of the Olney Mill Subdivision, as it shall from time to time exist, including, but not limited to, any fences from time to time surrounding the said subdivision, the entrances to the subdivision and the areas from time to time used in common or designated for use in common by the residents of the said subdivision; the payment of any taxes or assessments levied from time to time by any lawful authority against the said Common Areas; the payment of any insurance from time to time carried on the Common Areas or the facilities located thereon; and the improvement and maintenance of the Properties, services and facilities devoted to the promotion of the health, recreation, safety and welfare of the resident in the Properties.

Section 3. Basis and Maximum Annual Assessment.

  1. The maximum annual assessment shall not exceed $3.00 per month per Lot, unimproved or improved, based on the nationally established cost of living index on July 1, 1969 but subject, however, to adjustment in accordance with any adjustments in the said cost of living index, as hereinafter provided, and subject to the provisions of subparagraph (b) below.
  2. In the event that a Lot as herein defined shall be improved by more than one dwelling unit, there shall be an additional annual assessment for each dwelling unit located thereon excluding the first dwelling unit in an amount equal to one half the then prevailing annual assessment for a Lot, unimproved or improved, as herein above and hereinafter provided.
  3. Until January 1 of the year following the first conveyance of the Common Area or the first lease or acquisition by the Association of any Common Area, whichever shall occur first, the maximum annual assessment shall be THIRTY SIX and NO/100 ($36.00) DOLLARS per Lot and EIGHTEEN AND NO/100 ($18.00) DOLLARS per dwelling unit located thereon, excluding the first dwelling unit, adjusted in accordance with Section 6 hereof.
  4. From and after January 1 of the year following the first conveyance of the Common Area, or the first lease or acquisition by the Association of any Common Area, whichever shall first occur, the annual assessment for Lots may be increased effective January 1 of each year without a vote of the membership in conformance with a rise in the cost of living index. The maximum annual assessment for any said year shall be computed and determined by multiplying $36.00 by a fraction, the numerator of which shall be the average "United States Bureau of Labor Statistics Consumer Price Index, All Items United States" for the month of July of the preceding year, the denominator of which shall, in each instance, be the average "Index" for July, 1969. If such Index above referred to shall be discontinued, the Board of Directors shall select a substitute formula or index.
  5. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.
  6. After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment at an amount not in excess of the maximum for the said year.

Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

Section 5. Uniform Rate of Assessment. Annual and special assessments must be fixed at a uniform rate for all Lots. There shall, however, be no rate adjustment due to Lot size. Annual and special assessments must be fixed at a uniform rate for all dwelling units after the first dwelling unit located on Lots and shall not exceed an amount equal to one half the annual or special assessment for a Lot, unimproved or improved. Annual assessments shall be payable annually in advance.

Section 6. Date of Commencement of Annual and Special Assessments: Due Dates. The annual and special assessments provided for herein shall commence as to each Lot within the Properties at such time as the first dwelling unit that shall be located thereon shall be first occupied, thereafter said assessment shall be fully effective whether said dwelling unit be occupied or not; provided, however, that should no dwelling unit be constructed or erected on any said Lot within seven (7) years of the date said Lot became subjected to this Declaration, or any amendment or supplement thereto, then and in that event seven (7) years from the date said Lot was subjected to this Declaration, or any amendment or supplement thereto, the annual and special assessment herein provided for shall commence. The annual and special assessments provided for herein, in the event that a Lot as herein defined shall be improved by more than one dwelling unit, shall commence for each dwelling unit located thereon, excluding the first dwelling unit, at such time as each said dwelling unit shall be first occupied. In no event shall the annual assessments provided for herein commence prior to the first day of the month following the first conveyance of the Common Area, or the first lease or acquisition by the Association of any Common Area, whichever shall first occur. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. The due date of any special assessment authorized under Section 4 shall be fixed in the resolution authorizing such assessments. Written notice of the annual and special assessments shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of six (6%) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Property, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non use of the Common Area or abandonment of his Lot.

Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of all such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. The term mortgage or mortgages shall include Deed of Trust or Deeds of Trust.

Section 9. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties dedicated to and accepted by a local public authority; (b) the Common Area; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Maryland. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.

ARTICLE VII – PARTY WALLS

Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law of the State of Maryland regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.

Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions.

Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.

Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.

ARTICLE VIII – ARCHITECTURAL CONTROL

No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specification showing the nature, color, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural control committee composed of three (3) or more representatives appointed by the Board. The Board of Directors or its architectural control committee shall be permitted to make a reasonable charge for the review of any such plans and specifications. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. As to property owned by it and originally included herein or subsequently annexed hereto, Declarant shall not be subject to the terms of this provision until July 1, 1979.

ARTICLE IX – EXTERIOR MAINTENANCE

In the event an Owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject.

ARTICLE X – USE RESTRICTIONS

The use restrictions on the Common Areas shall be those adopted or to be adopted in the By Laws of the Association as from time to time amended.

ARTICLE XI – EASEMENTS

The Properties herein described and all property hereafter annexed shall be subject to all easements and restrictions of record.

ARTICLE XII – GENERAL PROVISIONS

Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. Except as hereinafter provided, the covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by members entitled to cast not less than ninety percent (90%) of the total votes of the membership, and thereafter by an instrument signed by members entitled to cast not less than seventy five percent (75%) of the total votes of the membership. In the event that any portion of the herein described properties or any portion of property hereafter annexed shall be financed by loans insured by the Veterans Administration or the Federal Housing Administration, the Board of Directors of the Association may amend this Declaration and do such other acts as are necessary to comply with the requirements of the Veterans Administration and/or the Federal Housing Administration. It is further provided that prior to July 1, 1979, no amendment of the covenants and restrictions shall become effective until approved in writing by Declarant. Any amendment must be properly recorded.

The Board of Directors may amend this Declaration to include herein and to subject to the terms hereof all property annexed pursuant to provisions of ARTICLE II, Section 2 without the approval of the membership except as is required for the annexation.

IN TESTIMONY WHEREOF, THE said SUBURBAN HOMES, INC. has caused these presents to be executed in its corporate name, by its President, with its corporate seal hereunto affixed, attested by its Secretary on the date first above written.

SUBURBAN HOMES, INC.

BY (signed)

ALBERT W. TURNER
PRESIDENT

ATTEST:

(Signed)
HERNDON G. KILBY
Secretary

STATE OF MARYLAND, COUNTY OF PRINCE GEORGE'S

I HEREBY CERTIFY that on this nineteenth day of June 1969, before the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared in said State and County ALBERT W. TURNER who made oath in due form of law that he is the duly elected and acting president of SUBURBAN HOMES, INC., Declarant in the aforegoing Declaration, and he acknowledged said Declaration to be the act and deed of said corporation, executed by authority of its Board of Directors.

WITNESS my hand and official seal this nineteenth day of June, 1969.

NANCY E. MAHAN (signed)
Notary Public, Maryland

THIS INSTRUMENT certified to have been prepared by an attorney duly admitted to practice before the Court of Appeals of Maryland.

WITNESS:
BEATTY & McNAMEE

BY NANCY E. MAHAN and C.L. FOSSETT, JR. (signed)