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HomeMy WebLinkAboutSW6210908_Property Deed_20211012FILED BLADEN COUNTY NC BEVERLY T. PARKS REGISTER OF DEEDS FILED Apr 20, 2020 AT 12:16:33 pm BOOK 00801 START PAGE 0038 END PAGE 0049 INSTRUMENT # 01140 EXCISE TAX $585.00 iso PREPARED BY JOHN W. DEES PO DRAWER 8 GOLDSBORO, NC 27533 NORTH CAROLINA TIMBER DEED BLADEN COUNTY 3,Pir0• pG, Revenue Stamps _%5Q6o' THIS TIMBER DEED, made this the day of , 2020, by and between ALLIE BEAL THOMAS (WIDOW), by and through her attorney -in -fact, RITA KAY THOMAS MCKEEL, GEORGE DEAN THOMAS and wife, VIVIAN J. THOMAS, RITA T. MCKEEL and husband, CHARLES ELLIS MCKEEL, WENDY T. JONES and husband, EDDIE LARSON JONES, MICHAEL RAY THOMAS and wife, DEBRA F. THOMAS and TAMMY T. JERNIGAN and husband, BOBBY J. JERNIGAN, whose address is 3282 NC Hwy 210 East, Harrells, NC 28444, hereinafter called the Grantors, and Canal Wood, LLC, a limited liability company authorized to do business in the State of North Carolina with an address of PO Box 38, Riegelwood, North Carolina 28444, hereinafter called the Grantee. WITNESSETH: That the Grantors in consideration of $100.00 and other valuable considerations to them in hand paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents, do bargain, sell and convey to the Grantee, and its successors and assigns, all merchantable forest products of every sort and description now standing, lying and growing upon those lands lying and being in Lake Creek Township, Bladen County, North Carolina, and more particularly described as follows: Containing approximately 147.00 acres of woodland on the east side of N.C. 210 Hwy as shown and delineated on the timber sale map attached hereto as Exhibit A, said sale area being part of Tax PIN 138500225270 (listing is 510.55 acres) and part of the lands described in deed to George W. Thomas recorded in Book 133, Page 121, Bladen County Registry. See Estate File 71-E-33, CSC of Bladen County for additional chain of title. The boundaries of the sale area are painted with blue paint. All trees outside the sale area as herein described are excepted and excluded. Riparian buffers and hardwood drains (perimeters flagged) are in the excluded areas. All pine conveyed herein can be reached directly from upland areas or using existing crossings (except during high river conditions). If during logging excess rutting should occur (greater than 15% of 0801 BK:00801 PG:0039 0039 the sale area, excluding deck site), then, at the sole discretion of Allen & Associates, logging shall be suspended and an automatic 6-month extension provided at no cost to Grantee. Grantee has the right to extend the term for an additional 12 months by payment of the sum of $10,000.00 to Grantors prior to the expiration of the original 3-year term. All conditions set forth on Exhibit B attached hereto are conditions of this timber deed as if fully set out herein. Grantee shall observe Best Management Practices and applicable River Basin Rules, abide by North Carolina statutes on stream obstruction, water quality and sedimentation, and refrain from depositing any hazardous wastes on the premises. Grantee shall hold Grantors harmless from any noncompliance with the foregoing conditions and for any claim, injury or damages of any third party (including agents and employees of Grantee and its contract logger) arising from any activities conducted on the premises by Grantee under this contract. And the Grantors grant to the Grantee and its successors and assigns, full right and privilege for a period of 3 years following the recording of this instrument through its agents and servants, to enter upon said lands and pass and repass over the same with conveyances and equipment for the cutting and removing of the forest products herein conveyed. In the event of a dispute between the parties arising out of the terms and conditions of this instrument and the performance by either party thereunder, the parties hereto agree to accept the decision of an arbitration board of three (3) members. Each party shall select an arbiter and a third arbiter shall be selected by the first two arbiters. The two arbiters must be selected by the parties hereto within thirty (30) days after either party has requested arbitration. The arbiters must reach an agreement within thirty (30) days after the appointment of an arbiter by the Grantors and Grantee. The period allowed herein for cutting and removal of timber shall be extended automatically by the number of days required for the selection of arbiters and to complete the arbitration of the dispute. Arbitration shall be performed in accordance with the General Statutes of North Carolina. Grantors acknowledge that prior to the execution of this instrument, Grantors or its representatives has determined the boundary lines of the above -described lands and has fully, accurately, and completely described or clearly marked said boundaries to Grantee. Grantors further agree to defend, protect, and hold Grantee, its agents, employees, and contractors, harmless from any and loss, cost, damages, and/or expenses, arising from claims of trespass for any timber cut within the designated timber sale boundaries It is understood and agreed between the parties hereto that the Grantee, and its successors and assigns, shall have free rights of egress and ingress over and upon the above identified lands as is necessary to reach said standing forest products and to cut and remove the same, provided the Grantee, and its successors and assigns, shall not interfere with the reasonable and normal use of the cleared lands embraced in the foregoing description and shall pay for any crop damage, except within the required access areas. It is further understood and agreed that the existing streets and farm roadways shall be kept open at all times and that no tops, limbs or branches will be felled so as to throw portions thereof on the cleared land or in the ditches where the same would interfere with the use of said cleared land or 0801 BK:00801 PG:0040 0040 with the drainage of said lands. All drainage ditches shall be kept clear for drainage. The streets and farm roads shall be left in as good condition after the cutting and removal of said forest products as the same now are, reasonable wear and tear excepted, and during the removal of said forest products the streets and farm roads shall be maintained in such a condition that they may be used by the Grantors for the purposes for which they are now used. The Grantee shall not be responsible for repairing damage to fences. If any restriction by law or governmental regulation or if any action or any threatened action from a state, federal or local governmental agency prevents Grantee from cutting and removing the timber purchased hereunder, Grantors hereby agree to reimburse Grantee for the market value as of the date hereof of the volume that is standing on the tract as a result of such regulation, action or threatened action. Said volume to be determined by joint cruise conducted by Grantee and Grantors. TO HAVE AND TO HOLD the aforesaid forest products and the rights hereinabove granted unto the Grantee, and its successors and assigns, to their only use and behoof, for the term of this Timber Deed. And the Grantors, for themselves and their heirs, personal representatives and assigns, do hereby covenant with said Grantee, and its successors and assigns that Grantors are lawfully seized of said timber, rights and privileges hereinbefore set out in their own right in fee simple and absolutely, free and clear of all encumbrances, and have full power and authority to convey the same in the manner aforesaid, which is done by this deed, and that they will forever warrant and defend the title to the same against the claims and demands of all persons whomsoever. IN TESTIMONY WHEREOF, the said Grantors have set their hands and seals, this the day and year first above written. 0801 BK:00801 PG:0041 0041 �,Lp (SEAL Allie Beal Thomas (Widow By: Sl Rita K y Tho4 McKeel, Attorney -in -Fact for Allie Beal Thomas STATE OF NORTH CAROLINA COUNTY OF R I aA" I, 0 , "Aa-i 8, L e-,J ; -5 , a Notary Public in and for said County and State, do hereby certify that RITA KAY THOMAS MCKEEL, Attorney -in -Fact for ALLIE BEAL THOMAS appeared before me this day, and being by me duly sworn, says that she executed the foregoing and annexed instrument for and in behalf of the said ALLIE BEAL THOMAS, and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the Office of the Register of Deeds of Bladen County, North Carolina, on May 23, 2019, in Book 787 at Page 949, and that this instrument was executed under and by virtue of the authority given by said instrument granting her power of attorney. I do further certify that the said RITA KAY THOMAS MCKEEL Attorney -in -Fact, acknowledged the due execution of the foregoing annexed instrument for the purposes therein expressed for and in behalf of the said ALLIE BEAL THOMAS. WITNESS my hand and Notarial seal, this the $ day of 2020. My commission expires: // ^ /G - 0�3 /F 0801 BK:00801 PG:0042 0042 l[� fio��SEAL) George DEan Thomas Vivian J. Thomolr STATE OF NORTH CAROLINA COUNTY OF 8 j a -.1e-n 1, h i cLn&j A L W i s , a Notary Public in and for said State and County, do hereby certify that GEORGE DEAN THOMAS and wife, VIVIAN J. THOMAS personally appeared before me this day and acknowledged the due execution of the foregoing Timber Deed for the purposes therein expressed. WITNESS my hand and Notarial Seal, this the day of Q r; L 2020. Notary Public My Commission Expires: 0801 BK:00801 PG:0043 0043 EAL) Rita T. ckeel Charles Ellis Mckeel STATE OF NORTH CAROLINA COUNTY OF S I ut, den L w S , a Notary Public in and for said State and County, do hereby certify that RITA T. MCKEEL and husband, CHARLES ELLIS MCKEEL personally appeared before me this day and acknowledged the due execution of the foregoing Timber Deed for the purposes therein expressed. WITNESS my hand and Notarial Seal, this the day of r, L 2020. NotaryPublic My Commission Expires: / a o a r- BK:00801 PG:0044 -tw�40A-ad (SEAL) Wendy T. Jkdes �� (SEAL) Eddie Larson Jones STATE OF NORTH CAROLINA COUNTY OF ode n I, v 1 tea., 6, �- e w i S , a Notary Public in and for said State and County, do hereby certify that WENDY T. JONES and husband, EDDIE LARSON JONES personally appeared before me this day and acknowledged the due execution of the foregoing Timber Deed for the purposes therein expressed. WITNESS my hand and Notarial Seal, this the g day of jq p r; Z , 2020. I(a�— My Commission Expires:_/ Notary Public PG:0045 0$01 BK:00801 0045 STATE OF NORTH CAROLINA COUNTY OF j3 1 a d c. 0 (SEAL) De -bra F. Thomas I, D i c,, a, (3 . Lv c w s , a Notary Public in and for said State and County, do hereby certify that MICHAEL RAY THOMAS and wife, DEBRA F. THOMAS personally appeared before me this day and acknowledged the due execution of the foregoing Timber Deed for the purposes therein expressed. WITNESS my hand and Notarial Seal, this the day of ; L 2020. Notary Public My Commission Expires: l/ doh 3 ! ' 0801 BK:00801 PG:0046 0046 (SEAL) Tammy T. Jerni �1).C) n SEAL) .✓� _ fob > STATE OF NORTH CAROLINA COUNTY OF B j a den I, ccina. 13 Le-(J S , a Notary Public in and for said State and County, do hereby certify that TAMMY T. JERNIGAN and husband, BOBBY J. JERNIGAN personally appeared before me this day and acknowledged the due execution of the foregoing Timber Deed for the purposes therein expressed. WITNESS my hand and Notarial Seal, this the 0 ty of Apr; C- 2020. Notary Public My Commission Expires: 1 l - It, - 2Q .2 3 08p1 0801 BK:00801 PG:0047 47 THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. 08Q1 BK:00801 PG:0048 0048 EXHIBIT B: GENERAL CONDITIONS OF TIMBER SALE, GEORGE THOMAS HEIRS, BLADEN COUNTY, NORTH CAROLINA TO CANAL WOOD LLC. CONTAINING 147.00 TIMBER SALE ACRES TO BE CLEAR-CUT: 1. All merchantable trees and timber within the marked boundaries of the timber sale area is for sale CLEAR-CUT (EXCLUDING DESIGNATED BUFFER ZONES, IF ANY). Stumps, roots and related underground tree parts are specifically excluded and excepted from this timber sale. The successful bidder (grantee) will be given 36-MONTHS from recording the timber deed to cut and remove forest products offered under this timber sale. AN ADDITIONAL 12- MONTHS can be purchased at the BUYER'S ELECTION at any time prior to the expiration of the original 36-month term for $10,000.00. Seller(s) (grantors) will pay the costs of timber deed preparation if prepared by our attorney and revenue stamps affixed to the recorded timber deed. 2. Any trees, limbs, laps or other logging debris that fall into cleared fields, branches, ditches, natural drains, and/or roads shall be immediately removed by the logging contractor. North Carolina Best Management Practices and APPLICABLE River Rules must be followed in the harvesting of this timber and the sellers (grantors) assume no responsibility for non-compliance on the part of the successful bidder (grantee) and/or the subcontract logger. The deposition of fuel, oil, hydraulic fluid and/or other regulated substances onto the timber sale area in strictly prohibited. 3. Sellers (grantors) warrant and will defend title to timber within the marked timber sale boundaries and will provide free ingress and egress to the timber sale area(s) as shown on EXHIBIT A. Access routes used in logging must be kept open and passable at all times during the logging and restored to a prelogging conditions upon completion of the harvesting. Buyer (grantee) will be responsible for any and all crop damages, which occur outside designated logging access routes and truck turn areas. 4. All decking and loading is to be conducted within the timber sale area and absolutely not in the agricultural fields. 5. The buyer (grantee) shall indemnify and hold harmless the seller (grantor) from any and all liability and any and all loss arising from the operation, activities, or omissions of the buyer or his agents and subcontractors incident or related to this contract or upon the timber sale area(s). Buyer (grantee) agrees to require Worker's Compensation Insurance for his agents, employees and subcontractors and to furnish evidence of Worker's Com ensation coverage prior to the onset of logging. GRANTOR'S shall be named as _ on GRANTEE'S GENERAL LIABILITY POLICY PRIOR TO CLOSING. All damages caused by Buyer (grantee), his agents, employees and/or subcontractors to improvements of the Seller (grantor) shall be either repaired in a timely manner or paid for at replacement cost. 0801 , BK:00801 PG:0049 0049 6. The hardwood drains in proximity to the south river are excepted and excluded from sale and their perimeters are flagged. All pine offered for sale can be reached directly from upland areas or by using existing drain crossings that can be practically used except during huh river conditions. 7. If during the logging excessive rutting should occur (> 15% of the sale area, excluding deck site) then, at the sole discretion of Allen & Associates, logging shall be terminated and an automatic 6-month extension provided at no cost to the grantee. The 6-month extension, if invoked, will be added to the end of the original cutting term(s). 8. A small, one grave cemetery has been identified within the timber sale area and is depicted on Exhibit A as "C". The cemetery should be protected during the logging. 0675 FILED 0592 BLADEN COUNTY CHARITY C. LEWIS REGISTER OF DEEDS FILED May 12, 2011 AT 04:39:35 pm BOOK 00675 BLADEN COUNTY 05-12-2011 START PAGE 0592 NORTH CAROLINA END PAGE Real Estate 0594 Excise Tax $1,269.00 INSTRUMENT 01313 __---_------------- The attorneys preparing this instrument have made no record search or title examination of the property description herein, and express no opinion with respect thereto, unless contained in a separate written certificate. NORTH CAROLINA b BLADEN COUNTY WARRANTY DEED THIS DEED made this the 3rd day of May, 2011, by and between MAXWELL FOODS, LLC, a North Carolina limited liability company, (formerly known as Maxwell Foods, Inc., which was converted into Maxwell Foods, LLC, by Certificate of Conversion recorded in Book 2736, Page 628, Wayne County Registry), party of the first part, whose address is P. 0. Box 10009, Goldsboro NC 27532-0009, and BLUEBERRY BAY, LLC, a North Carolina corporation, party of the second part, whose address is 18221 NC Highway 210 East, Ivanhoe, NC 28447; WITNESSETH: That the party of the first part in consideration of One Hundred Dollars ($100.00) and other valuable considerations to it in hand paid by the party of the second part, the receipt of which is hereby acknowledged, has. bargained and sold, and by these presents does bargain, sell and convey to the party of the second part, and its successors and assigns, that certain lot or parcel of land situated in Bladen County, North Carolina, and bounded and described as follows: PREPARED BY. James D. Womble, Jr. Everett, Womble, Lawrence& Brown, LLP, Attorneys at Law Post Office Drawer 10809, Goldsboro, NC 27532 l 1 RECEtVI'O -1 I H:\ANNllat\Re\Sleepy Creek F�mis\Blueberry Bay - Muwell Foods deed.wpd MM .�-r DAIS SKGNATUR 0675 -- BK:00675-PG:0593 0593 BEGINNING at a stone, McNair comer in the center of an old road, and runs thence with the road South 44 degrees West 0.84 chains to a stake at a fence; thence with a wire fence North 52 degrees West 20.17 chains to a stake; thence with the wire fence North 81 degrees west 50.86 chains to a stake; thence South 41 West 17.84 chains to a stake: thence with the wire fence North 51 degrees West 25.14 chains to a stake Ira Long corner; thence with the Long line, a part of the Love Long line as shown on the division plat recorded in Book of Maps No. 5, Page 62, Registry of Bladen County, South 21 degrees 45 minutes West 39.62 chains to a stake, W. K. Evans comer of his Lot No. 4 of the Love Long Division; thence with the Evans line South 65 degrees 45 minutes East 6.76 chains to a stake; thence with the Evans line South 27 degrees 30 minutes East 11.70 chains to a stake; thence with the Long line South 46 degrees 30 minutes East 33.25 chains to the A. A. Sutton Estate comer; thence with the Sutton line South 70 degrees 30 minutes East 54.84 chains, crossing N. C. Highway No. 41, to a stump and stake; thence South 6 degrees West 1.29 chains to a stake; thence South 86 degrees 30 minutes East 5.69 chains to a stake at the corner of a pasture fence; thence with a pasture fence South 87 East 12.00 chains to a stake; thence North 5 degrees East 8.00 chains to a stake near and South of said N. C. Highway; thence crossing said highway North 50 degrees West 12.00 chains to a stake, Corbett and Edmundson corner; thence North 42 degrees East 20.00 chains to a stake; thence North 68 degrees East 2.73 chains to a stake; thence North 23 degrees East 11.00 chains to a stone, McNair corner; thence with the McNair line North 22 degrees 45 minutes West 11.87 chains to a stone; thence North 6 degrees 30 minutes West 5.37 chains with McNair line to a stake; thence North 1 degree East 11.68 chains with the McNair line to the beginning, containing 710 acres, more or less. See map recorded in Book 6 at Page 122 of the Bladen County Registry. Save and except that property conveyed from Champion International Corporation to Champion Realty Corporation by deed dated November 8, 1985, and recorded in Book 275, Page 503, Bladen County Registry, and that property in deed from Champion International Corporation to Star Telephone Membership Corporation recorded in Book 228, Page 23, Bladen County Registry. This conveyance is made subject to restrictions and easements of record, if any, and 2011 Bladen County taxes. The real property described herein does not include the primary residence of the party of the first part. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belonging unto the party of the second part, and its successors and assigns, in fee simple forever. And the party of the first part, for itself and its personal representatives and assigns, covenants to and with the party of the second part, its successors and assigns, that it is the owner and is seized of said premises in fee simple; that it has the right to convey the same in fee simple; that the same are free and clear from all encumbrances; and that it will forever warrant and defend title to the same against the lawful claims of all persons whomsoever. H:UNNE\ee\Ro\Sk." Creek F.—\Blwberty Bay - M-11 Foods deed. N 2 0675 _ BK- 00675 PG: 0594 0594 IN TESTIMONY WHEREOF, the party of the first party has caused this Deed to be executed and delivered by its duly authorized manager who has hereunto set his hand and seal the day and year above first written. MAXWELL FOODS, LLC (SEAL) By: �_' , (SEAL) anager STATE OF NORTH CAROLINA COUNTY OF WAYNE I, LAyet -r .DP u&trrrzY , a Notary Public of the aforesaid county, do hereby certify that J. L. Maxwell, III, manager of Maxwell Foods, LLC, a North Carolina limited liability company, personally appeared before me this day, [X] personally known to me -OR- [ ] proved to me by satisfactory evidence, and acknowledged to me that he signed it voluntarily for its stated purpose. WITNESS my hand and notarial seal, this the l 14A day of MAY , 2011. My Commission Expires: A,RvveR 'T DA -)C,&7 ,Notary Public Printed Name of Notary j UJ-V 8, .20 iy HAANNE1u11te\S1.py Creek Fnms\Elee" Eey - M--11 Foods deed-N 3 111ADLN C01 NTt 03-17-2010 NORTH CAROLINA Rcal F,tat. 1iccise 1'ac $300.00 Prepared by Whitley J. H. Ward, Attorney STATE OF NORTH CAROLINA COUNTY OF BLADEN PIN #: 1384-00-15-1096 FILED BLADEN COUNTY CHARITY C. LEWIS REGISTER OF DEEDS FILED Mar 17, 2010 AT 09.39.36 am BOOK 00660 START PAGE 0333 END PAGE 0334 INSTRUMENT # 00753 WARRANTY DEED 4l THIS DEED, made the J t day of March, 2010, by and between East Bladen Land Company, a North Carolina Corporation, party of the first part; and, George Dean Thomas and wife, Vivian Jeanette M. Thomas, whose address is 3344 Highway 210 East, Harrells, NC 28444, parties of the second part; * WITNESSETH * THAT said party of the first part, for and in consideration of the sum of TEN AND 00/100 ($10.00) DOLLARS and other good and valuable considerations to it paid by the said parties of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto the parties of the second part, and their heirs and assigns, that certain tract or parcel of land, situate, lying and being in Lake Creek Township, Bladen County, North Carolina, and being further described as follows: Being 120.0 acres, more or less, excluding right of way, as depicted on that certain map or plat entitled "A Survey for George Dean Thomas and wife, Vivian Jeanette M. Thomas" dated March 2010, prepared by M. Shelton Bordeaux Surveying, and recorded in Plat Bookt14Page SAL, Bladen County Registry, which said map is made a part of and incorporated herein by reference. And being a portion of that 477.2 acre tract conveyed to East Bladen Land Company by deed recorded in Book 581 at Page 717, Bladen County Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to them, the parties of the second part, and their heirs and assigns, in fee simple forever. AND said party of the first part covenants that it is seized of said premises in fee simple; that it has the right to convey the same in fee simple; that the title to the same is marketable; that the same are free and clear from any and all encumbrances, and that it does hereby warrant and will forever defend the title to the same against the lawful claims of all persons whomsoever. BK- 00660 PG: 0334 IN TESTIMONY WHEREOF, the said party of the first part has caused this instrument to be executed by its President as of the day first above written. EAST BLADEN LAND COMPANY, a North Carolina Cor oration PRES E T STATE OF NORTH CAROLINA COUNTY OF BLADEN a Notary Public of the County and State aforesaid, certify that [Name of officer], either being personally known to me or proven by satisfactory evidence, personally appeared before me this day and acknowledged that (s)he is President of East Bladen Land Company, a North Carolina corporation, and that (s)he, as , President, being authorized to do so, voluntarily executed the foregoing on behalf of the corporation for the purposes stated therein. WITNESS my hand and official stamp or seal, this W4 day of ti ai ,SDP. Notary Public My Commission Expires: C 3 j 2,3 J 2101"1