2006 Code of Virginia § 22.1-155 - Certificate of clerk of court or copy of lease on application for loan

22.1-155. Certificate of clerk of court or copy of lease on application forloan.

A. On the application for a loan from the Literary Fund, the followingcertificate shall be made by the clerk of the circuit court havingjurisdiction in the school division making application for such loan:

CERTIFICATE OF THE CLERK OF COURT.

Whereas, the school board or the governing body of . . . . . . owns . . . . .. acres of real estate in . . . . . . . . county or . . . . . . . . city at .. . . . . . ., Virginia, on which to erect the school building described inthis application. The title deed to this property is recorded in the clerk'soffice for . . . . . . . . county, or . . . . . . . city, in deed book number. . . . . . . ., page . . . . . . ..

One. That the title to the real estate has been examined and approved inwriting by the attorney for the Commonwealth, the county or city attorney orother competent attorney and his report filed with the clerk of the court.

Two. That the certificate of the attorney examining the title shows that theschool board or the governing body of . . . . . . . . has a good andsufficient title in fee simple to the real estate subject to the (following)(no) encumbrances.

Given under my hand this the . . . . . . day of . . . . . . . ., nineteenhundred and . . . . . . . . . . . ..

. . . . . . . . . . Clerk of the Circuit Court of . . . . . .County or City.

B. Notwithstanding the provisions of subsection A of this section, any schoolboard which enters into a long-term lease with an agency of the United Statesgovernment for land with the intention to use such land for construction of aschool and provides evidence that both parties to the lease are fullyapprised of the construction plans, a copy of such lease, certification ofthe approval of the lease by the local governing body and the local schoolboard, documentation of the fiscal integrity and benefits of the arrangement,and a brief synopsis of the lease to the Board shall file such lease with theclerk and obtain a certificate verifying such filing in the form prescribedby the Board of Education after consultation with the Office of the AttorneyGeneral. For the purposes of this section, "long-term lease" means a leasefor a term of twenty-five years or more.

(Code 1950, 20-108; 1959, Ex. Sess., c. 34; 1980, c. 559; 1982, c. 678;1998, c. 719.)