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<br />January 10, 2006
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<br />UP-05-34
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<br />All those certain lots, pieces or parcels of land, with the buildings and
<br />improvements thereon, lying, situate, and being in the City of Portsmouth,
<br />Virginia, and being know, numbered and designated as Units 4-B, 4-C, 4-0, 4-E,
<br />4-F, and 4-G, together with an undivided interest in the common elements
<br />appertaining thereto, in that certain condominium (the "Condominium) known as
<br />Airline Business Park Condominium, the first page of the declaration for which
<br />Condominium is recorded in the Clerk's Office (the "Clerk's Office") of the Circuit
<br />Court of the City of Portsmouth, Virginia, in Deed Book 1268, at page 1392, as
<br />amended by Amendment Number One recorded in the Clerk's Office of the
<br />Circuit Court of the City of Portsmouth, Virginia, in Deed Book 1288, page 223 by
<br />Amendment Number Two recorded I the Clerk's Office of the Circuit Court of the
<br />City of Portsmouth, Virginia, as Instrument number 023958, by Amendment
<br />Number Three recorded in the Clerk's Office of the Circuit Court of the City of
<br />Portsmouth, Virginia, as Instrument number 020030842, by Amended and
<br />Restated Amendment Number Three recorded in the Clerk's Office of the Circuit
<br />Court of the City of Portsmouth, Virginia, as Instrument number 040014796, and
<br />by Amendment Number Four recorded in the Clerk's Office of the Circuit Court of
<br />the City of Portsmouth, Virginia as Instrument Number 040014797, and as further
<br />shown and delineated on the condominium plat and condominium plans for
<br />Phase 4 for the Airline Business Park Condominium, which plat is recorded in the
<br />Clerk's Office of the Circuit Court fo the City of Portsmouth, Virginia, in Map Book
<br />19, at pages 257-260, together with a right of ingress and egress from said
<br />property and a right to use for all proper persons in common with the grantor, its
<br />successor and assigns, and all other owners of property within the condominium
<br />known as the Airline Business Park Condominium, from time to time, and
<br />undivided interest in any and all portions of the condominium designated by
<br />statute or by the Declaration as common elements, together with the exclusive
<br />use of those limited common areas assigned to said units in accordance with the
<br />above described plat and the Declaration of Condominium of Airline Business
<br />Park Condominium and all amendments thereto.
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<br />Subject however, to the following: The reservations, restrictions on use and all
<br />covenants and obligations as set forth in the Declaration of Condominium dated
<br />the 5th day of August, 1999 and recorded in the Clerk's Office of the Circuit Court
<br />of the City of Portsmouth in Deed Book 1268, page 1392, as amended by
<br />Amendment Number One in Deed Book 1288, page 223, by Amendment
<br />Number Two, Instrument number 023958, by Amendment Number Three,
<br />Instrument number 020030842, by Amended and Restated Amendment Number
<br />Three, Instrument number 040014796, and by Amendment Number Four,
<br />Instrument number 040014797, and also as set forth in the By-laws of Airline
<br />Business Park Condominium Association recorded in Deed Book 1268, page
<br />1429, as the same may now exist or may hereafter by amended from time to
<br />time, all of which restrictions, payment of charges, and all other covenants,
<br />agreements, obligations, conditions and provisions are incorporated in this Deed
<br />by reference and shall constitute covenants running with the land, equitable
<br />servitude and liens to the extent set forth in said documents and as provided by
<br />law, all of which are accepted by the Grantee as binding and to be binding upon
<br />the Grantee and their successors, heirs, administrators, executors and assigns or
<br />their heirs and assigns of the survivor of them as the case may be.
<br />
<br />It being part of the same property conveyed to the Grantor by deed dated
<br />November 24, 1998 from Portsmouth Redevelopment and Housing Authority and
<br />recorded in the Clerk's Office of the Circuit Court of the City of Portsmouth in
<br />Deed Book 1243, page 666.
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<br />3. That the use permit is approved subject to the following conditions which
<br />shall be observed by the applicant and any successor in interest:
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<br />(a) The studio shall open at 10:00 a.m., Monday through Saturday, and at
<br />1 :00 p.m. on Sunday.
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<br />(b) No customer appointments shall be scheduled and no walk-in customers
<br />accepted after 9:00 p.m.
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