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HomeMy WebLinkAboutSW8970921_HISTORICAL FILE_20081106 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 C-1-1Oq-L1 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ® HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 60 11 oln YYYYMMDD Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources i Coleen 11. Sullins Director Division of Water Quality November 6. 2008 William M. King, Site Manager INVISTA S.a.r.l. PO Box 327 Wilmington, NC 28401 Subject: Name/Ownership Change Permit No. SW8 970921 WWTP Expansion High Density Stormwater Project New Hanover County Dear Mr. King: The Wilmington Regional Office received a request and the required documentation to transfer the name and ownership of the Stormwater Management Permit for the INVISTA WWTP Expansion on July 17, 2008. The original submittal for Stormwater was received on September 18, 1997, with final information on February 26, 1999, and the permit was issued May 5, 1999. Based on review of the plans and specifications, we had determined that the project, as proposed, complied with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. This is a revised Permit due to a name/ownership change to INVISTA and supercedes the permit issued May 5, 1999. We are forwarding Permit No. SW8 970921 dated November 6, 2008, for the operation and maintenance of WWTP Expansion. Any modification of the plans submitted to this Office or further development of this site will require an additional Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include but are not limited to: project name changes, transfer of ownership, redesign of built -upon surfaces, addition of built -upon surfaces, redesign or further subdivision of the project area. This permit shall be effective from the date of issuance until November 6, 2018, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such dema-Rds are made this permit shall be final and binding. Yturu%!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.newaterqualitv.ore Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Acton Employer— 50% Recycled110% Post Consumer Paper If you have any questions, or need additional information concerning this matter, please contact M.J. Naugle, or me at (910) 796-7215. Sincer Edward Beck Regional Supervisor Surface Water Protection Section ENB/mjn: S:\WQS\STORMWAT\PERMIT\970921.nov08 cc: Elizabeth Bailey, INVISTA Environmental Engineer, 341-5515, fax: 3171 Wilmington ,Regional Office-, Central Files M.J. Naugle State Stomiwater Management Systems Perm it No. S W 8 970921 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO William M. King and INVISTA S.a.r.l. WWTP Expansion New Hanover County FOR THE construction, operation and maintenance of an infiltration basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until November 6, 2018 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from a 3.5-inch storm event. The project proposes 55,757 square feet of impervious area. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2 State Stormwater Management Systems Permit No. S W 8 970921 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Permit Number: Location: Applicant: Mailing Address: Water Body Receiving Stormwater Runoff: Classification of Water Body: Control System: Design Storm, inches: Basin Depth, feet: Bottom Elevation, FMSL: Total Impervious Surfaces, sqft: Offsite Area entering Pond, sqft: Required Storage Volume, ft: Provided Storage Volume, ft: Temporary Storage Elevation, FMSL: Seasonal High Water Table Elevation: Type of Soil: Expected Infiltration Rate: Drawdown Time: WWTP Expansion SW8 970921 New Hanover County Mr. William M. King, Site Manager INVISTA S.a.r.I PO Box 327 Wilmington, NC 28402-0327 Cape Fear River (CFR 18-71) "C;Sw" Infiltration Basin 3.5 1 16 55.757 none, per Engineer 16,078 (The system infiltrates faster than it rains.) 3,730 17 4 FMSL Leon Sands 20 inch per hour 0.7 hours 3 State Stormwater Management Systems Permit No. SW8 970921 11. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface except roads. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 8. Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion of the property. 9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 0 State Stonnwater Management Systems Pennit No. S W8 970921 10. The runoff from all built -upon area on the project must be directed into the permitted stormwater control system. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. • The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. G... State Stormwater Management Systems Pennit No. S W8 970921 5. The permittee grants DENR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. Permit issued this the sixth day of November 2008. NORTH =NTAIL MANAGEMENT COMMISSION 13'10� for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 970921 (o State Stonnwater Management Systems Permit No. SW8 970921 WWTP Expansion Stormwater Permit No. SW8 970921 New Hanover County Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, _(Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to.be built within substantial compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL 7 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleco H. Sullins Director Division of Water Quality WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: SW8 97021 2. Permit Holder's Name: Kosa 3. Signing official's Name: _Louis E Lee Title: _Agent (person legally responsible for permit) 4. Mailing Address: PO BOX 327 City: Wilmington State:_NC_ Zip:28401_ Phone: ( 910)341-5500 Fax: (910)341-3171 II. NEW OWNER / PROJECT I ADDRESS INFORMATION: 1. This request is for: (please check all that apply) _J_a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) b. Name change of project (Please complete Item #5 below) C. Mailing address change. (Please complete Item #4 below) d. Other (please explain): 2. New owner's name to be put on permit: INVISTA SAO 3. New owner's signing official's name and title: William M. King Title: Site Manager 4. New Mailing Address: PO BOX 327 City:_ Wilmington State: NC Zip: 28401 Phone:( 910 ) 341-5500 Fax:( 910 )341-3171 5. New Project Name to be placed on permit:_WWTP Expansion Page 1 of 2 tCarolina urally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: wwwncwateraualitvorg Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Aden Employer— 50% Recyded110% Post Consumer Paper PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Date: New Applicant's Certification: (Must be completed for all transfers of ownership) ul C� attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. , _ Signature: ?/Q'/o�' THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Page 2 of 2 Certified Mail # 7006 3450 0000 7502 8089 July 15, 2008 North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Subject: Permit name /ownership change INVISTA S.a r.l.— Wilmington Site JBY; Dear Sir or Madam: Q" I N V I STATM INVMA S.a' r.l. 4600 Highway 421 North P.O. Box 327 Wilmington, NC 28402-0327 910-341-5500 Tel 910-341-3171 Fax www.invlsta.cOm cnzv ,:) JUL 18 Y008 Please find attached ownership name change forms for the following permits: SW8 980550 Central Receiving Building SW8 970921 WWTP expansion SW8 900411 Plant with miscellaneous treatment bmps Additionally, I have attached the current deed and modifications of trust. If you have any questions or comments, please contact me at 910-341-5515. Sincerely, Elizabeth Bailey Environmental Engineer EH&S File: 2-5-2-1 •I 1 Jj l I It- ( vw...� ,- --eT I r roc Sl=%Cr{ ICIC�JCJt) ss fl `t 709 L� N V I STA" Certified Mail # 7006 3450 0000 7502 8089 July 15, 2008 North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Subject: Permit name /ownership change INVISTA S.a r.l.— Wilmington Site Dear Sir or Madam: Please find attached ownership name change forms for the following permits: SW8 980550 Central Receiving Building SW8 970921 WWTP expansion SW8 900411 Plant with miscellaneous treatment-bmps- INVISTA SA' r.l. 4600 Highway 421 North P.O. Box 327 Wilmington, NC 28402-0327 910-341-5500 Tel 910-341-3171 Fax w Anvista.cnm Additionally, I have attached the current deed and modifications of trust. If you have any questions or comments, please contact me at 910-341-5515. Sincerely, Elizabeth Bailey ✓�� Environmental Engineer EH&S File: 2-5-2-1 ( i' �1 7 2000 Oac-08-98 02:17P Block Crouch Kaacar a Muf 910-762-6429 P. 02 BOOK PAGE 3 apt 2485 0978 a' Prepared by: PREPARER RENDERS NO OPINION U AS TO THE STATUS OF TITLE Jeffrey P. Koster OF THE SUBJECT PROPERTY BLOCK, CROUCH. METER a nurr,", L.L.P. Post office Box a TAX PARCEL NO. Hllmington, North Carolina 20402 Qpd y6D-6'D 1- 0-0I- 000 aces eaRorER GIRT ac 12/151" $6240.00 n�.nN • Past Y jZ`o S}� lit A $°pLNA '"`000099 f STATE OF NORTH CAROLINA COUNTY OF NEW IIANOVER THIS DEED, made this 1l_ day of,.({[ vL .�, 1998. by and between HNA HOLDINGS, INC., a corporation incorporated under the laws of the State of Delaware, a$ successor in interest by nerae Change to Hoechst Celanese Corporation, which is successor in interest by merger to American Hoechst Corporation, which is a successor in interest by merger to Hoechst Fibers Incorporated, which is a successor in interest by name change to Hystron Fibers, Incorporated hereinafter referred to as GRANTOR, and, Arteva Specialties, S.i.cL a Corporationlormed and existing under the laws of Luxembourg whose address is 2300 Archdale Road, Charlotte, North Carolina 28M. hereinafter referred to es GRANTEE; 3Y13:tlESSElH: THAT the said GRANTOR, for and in Consideration of the sum of TEN DOLLARS (S f0.00) and other valuable considerations to it in hand paid by GRANTEE, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the said GRANTEE, its successors and assigns, the following described property lying and being in the County of New Hanova, and Slate of North Carolina, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. TO HAVE AND TO HOLD the above granted end described premises together with all and singular the rights, privileges, easement and appurtenances thereunto belonging or in snywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple. AND the said GRANTOR, for itself, its successors and assigns, does Covenant to and with the said GRANTEE, its successors and assigns, that it is seized in fee of said premises and that it has f' r Rr�e © V &; Ili ��; e �i 334 7fot - 125D . DEC 09 '98 14:19 910 762 6429 PRGE.02 Coc-06-96 02:17P Block Crouch KaaCor b Huf WK762-642TAr E v.03 2485 0979 regulations; 1998 ad valorem taxer easements and rights of way of record and all applicable restrictive covenants of record, and that it will, and its successors and assigns shall. WARRANT AND DEFEND the title to the same against the lawful claims and denims of any and all persons whomsoever, subject to the exceptions contained herein. • i IN TESTIMONY WHEREOF, the said GRANTOR has caused this Deed to be signed in lei its corporate dune by its _Y I President and attested and soil affixed by its pro Secretary, all with authority duly given, as of the day and year first above written. Witness " •h n D a Witness STATE OF 61,, r � tAzze COUNTY a LIa HNA HOLDINGS. G BY: i J•C Name Printed: Title:vlc.e P2a5tBCArt'• R c.w lvF F tNhNuµ oFFrG�aC '96 DEC 15 Aft 1129 RECORDED L VERIFIED !IAP.Y SUE DOTS RECISTER OF DEEDS 11 _fi ii:.!1OVER CO. 11C STATE OF NORTH CAROLINA Nest Hanover County ia.•r+..a.;,y Am.z.a Caetieb(.>.r N.tuy (Nabrie) 1'ubac W .am b M ¢.ray ('l fpf Th4 w. day N g (' 191O�0 at.q aw OW, itetl.ler .r lkada D.puty/.b.i...,it I• a Notary Public of,,16hyada— County and Stale of certify that personally came before this d and acknowledged tha she is Secretary of HNA HOLDINGS, INC., a Delaware Corporation, and that by authority dul given and as t�rlgf the corporation, the foregoing irutrum m was signed i its name by its Pretident• s�ale�d with its corporate seal and attested by him/her as its r �� Secretary. Witness my hand and official stamp or seal, tbis—ff" day of .i&�,,,, 6 1998 My Commission Expires: MARY ERIN BRENNAN Notary Public of Now Jersar My Commisrion E+oires April 15. 2007 DEC 08 '9B 14:20 910 762 6429 PAGE.07 Oac-08-98 02:18P Block Crouch Koster a Huf 910-762-6429 P . O! a. ; BOOK 2485 PACE 0980 BEGINNING at the point of intersection of centerline of Hercules' 30' wide paved road (Hercules't plant coordinate E 37+14.501 with the south edge of Hercules' 20' wide paved road (Hercules' plant coordinate N 125+06.25), said point of BEGINNING being the four (4) following described courses and distances measured from the North face of the South abutment of the highway bridge over Fishing Creek; (1) Southwardly along the eastern right-of-way line of U.S. Highway No. 421, 6096.13 feet to a concrete monument in the said eastern right-of-way line; (2) Continuing along said eastern right-of-way line S 26 degrees 19 feet E 2422.87 feet to a point; (3) N 61 degrees 41 feet E 1651.50 feet to a point; and (41 N 28 degrees 19'feet W 46.25 feet to the said point of BEGINNING; thence from said point of BEGINNING the twelve (121 following described courses and distances: (1) N 20' 19' W 201.75 feet to a point (2) N 61' 41' E 170.50 feet to a point (3) N 28' 19' W 52.00 feet to a point (4) N 61' 41' E 965.00 feet to a point (5) S 28' 19' E 285.00 feet to a point (6) S 61' 41' W 350.00 feet to a point (7) N 28' 19' W 60.00 feet to a point (8) S 61' 41' W 251.00 feet to a point (9) S 28' 19' E 80.00 feet to a point (10) S 61' 41' W 66.00 feet to a point (11) N 28' 19' W 31.25 feet to a point (12) S 61' 41' W 468.50 feet to the point Of BEGINNING Containing 6.49 acres, more or less. LESS AND EXCEPT the following: From the point of beginning on the aforesaid tract, N 61' 41' E a distance of 134.50'feet to the point of beginning, thence N 28' 19' W 36.75 feet to a point; thence N 61' 41' E 146 feet to a point; thence N 28' 19' W, 217 feet to a point thence N 61' 41' E, 14 feet to a point thence S 28' 19' E, 253.75 feet to a point; thence 5 61' 41' W, 160 feet to the point of beginning, containing 0.20 acres, more or less. BEGINNING at a new 6" round concrete monument in the Eastern right of way line of U.S. Highway 421 (75.00 feet from the centerline) at its intersection with the centerline of a 130 foot wide high voltage power line right of way of the Carolina Power and Light Company recorded in Deed Book 528, Page 73, New Hanover County Registry, said beginning point being located 15,060.98 feet as measured southwardly along said eastern right of way line from the Southern abutment of the concrete bridge over Fishing Creek, running thence tram said beginning crossing the right of way of said Highway South 61 degrees 41 minutes Nest 150.00 to a point in DEC 08 '98 14:20 gin 762 F4 cars nc Oec-Oa-98 02:16P Block Crouch Keoter a Huf 910- 62-6429 BOOK PACE P.06 2485 0981 the western right of way line of said Highway; thence continuing South 61 degrees 41 minutes West 737.68 feet to a point in the Eastern right of way line of the Atlantic Coast Line Railroad Company; thence continuing South 61 degrees al minutes West crossing said right of way 130.21 feet to a new 6" round concrete monument in the western right of way line of said Railroad, thence continuing South 61 degrees 41 minutes West 1732.39 feet to a new 6" round concrete monument in ,the Eastern line of the Richard A. Shaw lands; thence with said eastern line North 17 degree3 46 minutes west 9,117.04 feet to a point (last call line passing over old 6" round concrete monuments at the following distances fromthebeginning of said call 633.09 feet, 1,298.09 feet, 3,979.88 feet and 7,456.34 feet); thence North 61 degrees 41 minutes East 577.99 feet to a point in the western right of way line of the Atlantic Coast Line Railroad Company, thence continuing North 61 degrees 41 minutes East 130.21 feet crossing said right of way to a point in the eastern right of way line of said railroad; thence continuing North 61 degrees 41 minutes East 228.45 feet to a point in the western right of way line of U.S. Highway 421, thence continuing North 61 degrees 41 minutes East 150.00 feet crossing said right of way to a point in the Eastern right of way 'line of said highway, last said point located 6,096.13 feet as measured southwardly along said eastern right of way line from the aforementioned southern abutment of the concrete bridge over Fishing .Creek; thence continuing North 61 degrees 41 minutes East 4,097.27 feet to a Point; thence continuing North 61 degrees 41 minutes East 2,131.23 feet to a point on the Western Bank of the Northeast Cape Fear River; thence continuing North261 degrees 41-minutes East to the run of the Northeast Cape Fear River; thence Southeastwardly along the run of the Northeast Cape Fear River to a point in the centerline of a 70 foot wide high voltage power line right of way of the Carolina Power and Light Company, as recorded in Book 628, Page 651; thence with said centerline of said 70 foot power line right of way South 31 degrees 05 minutes West to a 2" iron pipe in the western Bank of said river (last said 2" iron pipe being located from the point marking the easterly terminus of the above course given as North 61 degrees 41 minutes East 2,131.23 feet by a direct calculated line at South 61 degrees 43 minutes 40 seconds East 4,465.21 feet), thence with the centerline of said 70 Loot wide power line right of way South 31 degrees 05 minutes West 1,545.68 feet to a new 6" round concrete monument; thence South 58 degrees 55 minutes East 90.o0 feet to a new 6" round concrete monument in the centerline of the said 130 foot wide high voltage power line right of way of the Carolina Power and Light Company as recorded in Book 528, page 73; thence with said centerline South 31 degrees 05 minutes West 3,139.72 feet to a new 6" round concrete monument; thence continuing with said centerline South 31 degrees 05 minutes West 5,450.90 feet to the point of beginning, containing 1,577 acres, more or less. TOGETHER with (i) all riparian rights in and to Northeast Cape Fear River and rights to maintain, operate and extend any bulkhead and pierhead lines and facilities appurtenant to and abutting the Land; (ii) all the improvements, rights, tenements, hereditaments, privileges, easements, rights -of -way or use, licenses, reversionary Interest and other appurtenances thereunto in anywise belonging or in anywise appertaining to the Land; and (iii) any other lands located within any of the property descriptions referred to above; subject, however, to the easements, rights -of -way and other instruments recorded in the records of New Hanover County, North Carolina. EXCEPTING from the foregoing tract, a parcel made up of three separate tracts and described as beginning at an iron pipe in the tEr 08 '96 14:21 910 762 6e29 Pnne.n0. Dec-08-96 02:19P Block Crouch KeeCev a HUP 910-762-6429 P.07 BOOK PAGE 2485 0982 Western line of U. S. Highway 421 (75 feet from the centerline), said beginning point located from the beginning point of the above - described 1,577 acre tract by the following courses: South 61 degrees 41 minutes West 150.00 feet crossing said highway right of way and North 28 degrees 19 minutes West 591.10 feet with said Western right of way line of said highway, said beginning being the southeastern corner of a 1.36 acre tract, conveyed to A.L. Richards running thence from said beginning with the Southern line of said 1.36 acre tract, South 64 degrees 56 minutes West 290.26 feet tb an iron pipe at the Southwestern corner of said tract and the Southeastern corner of A.L. Richards' present owned 0.32 acre tract as recorded in Book 425, Page 520; thence with the Southern line of said tract and continuing South 64 degrees 56 minutes West 68.83 feet to an old iron pipe at the Southwestern corner of said tract and the Southeastern corner of Silas E. Sneaden's 0.72 acre tract as recorded In Book 564, Page 171; thence with the Southern line of said tract and continuing South 64 degrees 56 minutes West 149.17 feet to the Southwestern corner of said tract and the Southeastern corner of the former H. T. Richards' 0.96 acre tract as recorded in Book 520, Page 446; thence North 25 degrees 04 minutes West 209 feet to the Northwestern corner of the Silas E. Sneeden's Tract; thence with the northern line of said tract and continuing North 64 degrees 56 minutes East 150.00 feet to the Northwestern corner of A. L. Richards' present tract; thence continuing North 64 degrees 56 minutes East 68.00 feet to the Northwestern corner of the Tract conveyed to A.L. Richards; thence with the northern line of said tract and continuing North 64 degrees 56 minutes East 278.30 feet to a point in the wastern line of U.S. Highway 421; thence with said Western line South 28 degrees 19 minutes East 209.26 feet to the point of beginning, containing 2.40 acres. Also less and excepting from the said tract containing 1,577 acres, more or less, the following tracts: TRACT 1: BEGINNING at a point marked by a concrete monument at the intersection of the northerly boundary line of Grantor's property with the easterly boundary line of U.S. Highway 421 right of way; thence from said point of beginning 1,407 feet easterly along said northerly boundary line of Grantor's property to a point; thence at a right angle southerly 420 feet to a point; thence at a right angle westerly 660 feet to a 'point; thence at a right angle northerly 310 feet to a point; thence along a curve to the left, said curve having a radius of 45 feet, a distance of 70.69 feet to a point; thence westerly 702 feet to a point on the easterly boundary line of U.S. Highway 421 right of way; thence northerly 65 feet along said easterly boundary line of U.S. Highway 421 right of way to the point at BEGINNING, containing 1.49 acres, more or less. TRACT 2: Beginning at a concrete monument in the western right of way line of U.S. Highway #421, 75.0 feet from the centerline thereof, said monument is located N 32 degrees 47 minutes 19 seconds W 175.28 feet, as measured along said right of way line, from an iron pipe at the northernmost corner of the Sneed tract as said tract is described in Book 901 at Page 809 of the New Hanover County Registry. The Sneeden tract formerly A. L. Richards tract is shown on a map for Hercules Incorporated recorded in Hap Book 8 at Page 90 of the New Hanover County Registry. Said point of beginning also has North Carolina Grid Coordinates of: x-2,309,494.60 feet, y-200,855.21 feet. Running thence from said point of beginning S 60 degrees 25 minutes 43 seconds W 124.38 feet to a concrete monument; thence S 29 degrees 34 minutes 17 seconds E 100.0 feet to DEC 00 '90 14:22 910 762 6429 Pr4X.07 Dee-08-90 02:19P Block Grouch Keeter a.Huf 910-762-6429 P.09 BOOK PAGE 2 4 8 S 0983 a concrete monument; thence N 60 degrees 25 minutes 43 seconds E 130.0 feet to a concrete monument in the Western line of U.S. Highway 0421; thence with said right of way line N 32 degrees 47 minutes 19 seconds W 100.16 feet to the point of beginning, containing 12,718 square feet and being a portion of Hercofina Company tract (formerly of Hercules Incorporatedl. tvi—Y.-YMF ALL that property described in the Deed from Cape Industries, a North Carolina General Partnership, as Grantor to Fortron Industries, a North Carolina General Partnership, as Grantee, recorded in Book 1659 at Page 010 of the New Hanover County Registry. TRACT 4: All that property described in the Deed from Hoechst Celanese Polyester Intermediates, a North Carolina Joint Venturer General Partnership, as Grantor, to New Hanover County, a Political Subdivision of the State of North Carolina, as Grantee, recorded in Book 2187 at Page Ill of the New Hanover County Registry. 4 DCC 08 '98 14:22 910 762 6429 PAGE, 08 Boor PACE t07 2485 0975 Z STATE OF NORTH CA(ZA t 15 fl� 14%ANDAnON OF TERMINATION MERGER R OF INTEREST COUNTY OF NEW HANyQUtV!E`RRDED 6 VERIFIED I;. �Y SDE OOTS iER Of V; THIS NOTIFICATION OF MERGER OF UnTREST AND TERMINATION OF LEASE 000098 is made this 9c6day of December, 1998, by HNA Holdings, Inc., a Delaware corporation, successor by name change to Hoechst Celanese Corporation, a Delaware corporation, a successor in interest to Hoechst Celanese Polyester Intermediates, a joint venture, which is successor by name change to Cape Industries, a joint venture; WIT NESSETH: WHEREAS, on June 28. 1995. a Certificate of Doing Business Under an Assumed Name was filed for record in the Office of fhe Register of Deeds of New Hanover County in Book 1293 at Page 397 by NCT Corporation and American Petrofina, Incorporated, owners of and doing business as Cape Industries; and WHEREAS, on June 28, 1985; Hercules Incorporated conveyed to Cape Industries a certain 6.49 acre. +/-, tract of land in New Hanover County, North Carolina as described and reflected in the deed recorded in the Office of the Register of Deeds of New Hanover County in Book 1293 at Page 406; and WHEREAS, on the same day, immediately after the conveyance referred to above, gape Industries leased to Hercules, Incorporated all of the 6.49 acres +/- parcel and caused to be recorded a Memorandum of that Lease, recorded in Book 1293 at Page 410 of the New Hanover County Registry; and WHEREAS, thereafter, on December 31, 1988. Hercules Incorporated sold, transferred and conveyed to Cape Industries its Terate resin supply operations at the New Hanover County facility, including all rights, title, and interest of or concerning the Terate resin supply business of Hercules, Incorporated, including but not limited to all right, title and interest in and to the Terate Resin Supply Agreement, a Memorandum of Lease for which was recorded as set forth r^r-n about; and p� P't` �T «!'-It�Tr A .Cy,A+ G 33 tr '7r1 f —I ZSP BOOK 2485 PACE 0976 WHEREAS, as a result of the transfer of the said business by Hercules, Incorporated to Cape Industries, all interests and rights created by or arising from the Terate Resin Supply Agreement, and the Memorandum of Lease, recorded in Book 1293 at Page 410 of the New i Hanover County Registry merged with the fee simple ownership of the properties of Cape Industries and all right, title and interest created by the said Terate Resin Supply Agreement and the Memorandum of Lease recorded hereinabove terminated and expired; and WHEREAS, the successor in title to the properties of Cape Industries now desires to expressly terminate any right, title and interest created by the Memorandum of Lease referenced hereimbove, and has executed this Agreement for the purpose of terminating the Memorandum of Lease. NOW, THEREFORE, the undersigned; HNA Holdings, Inc., does hereby give notice that the Terale Resin Supply Agreement effective as of 28 June 1985 between Hercules, Incorporated and Cape Industries, a joint venture, and the Memorandum of Lease recorded in Book 1293 at Page 410 of the New Hanover County Registry and any rights or interests of Hercules, Incorporated to the property described in the Memorandum of Lease, is hereby terminated and of no further force and effect. IN WITNESS WHEREOF, HNA Holdings, Inc. has caused this Notice to be executed by T sur teed its Vice President d and ateatesrand seal affixed by its Asat. Secretary, with authority given by its Board of Directors, as of the day and year first above written. SEAL] ATTEST: sistaat Secretary Joha M. xacani 01 HNA HOLDINGS, INC. a Delaware Corporation BY: Pftalden(d Treasurer Michael E. Crou BOOK PACE 2485 0977 STATE OF NEw .mtsEy COUNTY OF SOHERSET 1, a Notary Public of Somermer County and State of Am Jew, certify that John M. Kseani personally came before me this dfy and acknowledged that he/aMMis Assisrant Secretary of HNA HOLDINGS, INC., a Delaware corporation, and that by authority duly given and as the act of the csor,Foration, the re nur r, foregoing instrument was sighed in its name by its arm. President, seale� wufl tts corporate seal and attested by himthec as its Assistant Secretary. Witness my hand and official stamp or seal, this 9th day of December 1998. My Commission Expires: MARY FAIN 6AENNAN Iaotary Pu61k or N"Jw"v MYibnstaauon Exall" AprY tea, 20011 STATE OF NORTH CAROLINA New Hanover County eat p4ey.;M A, ca0.1.(q .r Newt (Nda)a) Nuiu i✓ ve e:Aind w w tmrct iTb a. 5 mf of LYZG IvttL afetp sae pets, Rerlaer er Dre/, Depe1r/Ae.i.teee- 3 4 1111111111111 2004054340 FOR REG16TRATION REGISTER OF DEEDS REBECCA T. CHRISTI AN NEW HANOVER COUNTY. NC 2884 OCT 11 11:27:36 PM 3K:4524 PG:366-378 FEE: $47.N 4 ix-3 �1�1ul u • This document was prepared by and should be returned to: P 4 4�em 40 DeWitt A. Sullivan, Esq. Blanco Tackabery Ceja 05 Cravath, Swaine & Moore LLP Combs & Matamoros, P.A. 825 Eighth Avenue P.O. Drawer 25008 New York, NY 10019 Winston-Salem, N.C. 27114.SM New Hanover County, North Carolina THIS FIRST MODIFICATION OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT (this "First Modification") dated as of September 30, 2004, by and between INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as RNISTA S.a.r.l., LLC), having its principal office at 4123 East 37th Street North, Wichita, Kansas 67220 ("Grantor'), FIRST AMERICAN TITLE INSURANCE COMPANY (the "Trustee") whose address is 629 Green Valley Road, Suite 212, Greensboro, NC 27408 and JPMORGAN CHASE BANK, a New York banking corporation having its principal office at 270 Park Avenue, New York, New York 10017, as agent (in such capacity, "Beneficiary") for the several banks and other financial institutions from time to time parties to the Credit Agreement (as the same may be amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement") dated as of April 30, 2004, as amended and restated as of the date hereof, among INVISTA B.V. (formerly known as KOSA B.V.), INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), INVISTA (CANADA) COMPANY (formerly known as KOSA CANADA COMPANY), KOSA UK LIMITED and ARTEVA GLOBAL HOLDINGS B.V. (along with Invista S.i r.l., Invista (Canada) Company and Kosa UK Limited, the "Borrower"), the Lenders (as defined in paragraph 3 below) and JPMorgan Chase Bank, as administrative agent (in such capacity, the "Administrative Agent') and as issuing bank (in such capacity, the "Issuing Bank') for the Lenders. . z-f IINYCORP:04077992:4419A�09/10/04--03:41 PII WITNESSETH: WHEREAS, Grantor and Beneficiary are patties to that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement dated April 30, 2004 (the "Original Deed of Trust") and recorded on May 5, 2004 in Book 4307, Page 165 of the Office of the Register of Deeds of New Hanover County, North Carolina (the "Recording Office") (as amended by this First Modification, the "Deed of Tnist"), which Deed of Trust encumbers certain real property located and being in New Hanover County, North Carolina and more particularly described in Exhibit "A" attached hereto and made a part hereof; WHEREAS the Grantor, the Lenders and Beneficiary, as agent for such Lenders, are parties to the Credit Agreement; and WHEREAS the parties wish to modify the Original Deed of Trust as required by the Credit Agreement. NOW, THEREFORE, Grantor, Trustee and Beneficiary, for and in consideration of the premises and Ten Dollars ($10.00) and other good and valuable consideration, the receipt, acceptance and sufficiency whereof is hereby acknowledged, do hereby agree as follows: 1. Capitalized terms used herein and not otherwise defined herein shall have the same meaning as in the Deed of Trust. 2. "Lenders" as defined in the Deed of Trust is hereby amended to mean the Lenders as defined above. 3. The first two paragraphs of the recitals of the Original Deed of Trust are hereby deleted and the following language is substituted in lieu thereof: Reference is made to (i) the Credit Agreement dated as of April 30, 2004, as amended as of June 28, 2004, and as further amended and restated as of September 30, 2004 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among INVISTA B.V. (formerly known as KOSA B.V.), INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), INVISTA (CANADA) COMPANY (formerly known as KOSA CANADA COMPANY), KOSA UK LIMITED and ARTEVA GLOBAL HOLDINGS B.V. (along with Invista S.A.r.l., Invista (Canada) Company and Kosa UK Limited, the "Borrower"), the lenders from time to time party thereto (the "Lenders"), including, inter alia, Deutsche Bank AG Cayman Islands Branch and Credit Suisse First Boston, as Syndication Agents, CitiGroup Global Markets Inc. and ABN AMRO Bank N.V., as Documentation Agents, and JPMorgan Chase Bank as administrative agent (the "Administrative Agent") for the Lenders, swingline lender (the "Swingline Lender") and issuing bank (the "Issuing Bank") with respect to any letters of credit (the "Letters of Credit") issued pursuant to the terms I(WCOBP:242])B9v]:4417A:09/10/09--D9:41 pll of the Credit Agreement and (ii) the Guarantee and Collateral Agreement dated as of April30, 2004 (as amended, supplemented, or otherwise modified from time to time, the "Guarantee and Collateral Agreement') among the Borrower and JPMorgan Chase Bank. Capitalized terms used but not defined herein have the meanings given to them in the Credit Agreement or the Guarantee and Collateral Agreement. In the Credit Agreement, (i) the Lenders have agreed to make (a) term loans (the "Term Loans") and revolving loans (the "Revolving Loans") to the Borrower, (ii) the Swingline Lender has agreed to make swingline loans (the "Swingline Loans", together with Term Loans and Revolving Loans, the "Loans") to the Borrower and (iii) the Issuing Bank has issued or agreed to issue from time to time Letters of Credit for the account of the Borrower, in each case pursuant to, upon the terms, and subject to the conditions specified in, the Credit Agreement. Amounts paid in respect of Term Loans may not be rebotrowed. Subject to the terms of the Credit Agreement, Borrower may borrow, prepay and reborrow Revolving Loans. The Credit Agreement provides that the sum of the principal amount of the Loans and the Letters of Credit from time to time outstanding and secured hereby shall not exceed $1,900,000,000. 4. Except as specifically amended or modified in this Agreement, all other terms and provisions of the Original Deed of Trust remain the same. 5. The Grantor hereby represents and warrants that the Deed of Trust is in full force and effect and are valid and enforceable obligations and agreements of Grantor in accordance with the terms and provisions thereof. Grantor hereby waives, discharges and releases forever any and all existing claims, defenses and rights of set-off that Grantor may have against Beneficiary or which may affect the enforceability by Beneficiary of its security and its various rights and remedies under the Deed of Trust. 6. This First Modification may be executed in any number of duplicate originals and each such duplicate original shall be deemed to constitute but one of the same instrument. IIe'm 12427199v2;4443D:09/37/06--06:06 pll IN WITNESS WHEREOF, Grantor has executed these presents on the day and year first above written. INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVIST� S.a.r.l., LLC) By L (Corp. Sea)] Name: U OhtA V%V"O Title: mam -�5er Beneficiary agrees to the modification of the Deed of Trust as set forth in: this First Modification. JPMORGAN CHASE BANK, a New York banking corporation, By Name: Title: Trustee joins in this First Modification to acknowledge its consent. FIRST AMERICAN TITLE INSURANCE CO P NY By M � N e: i �, QS Title. Xi. �0&.t I;NYCOHP:J4277P4v2:4417A:09/10/04--07:41 P11 STATE OF _ COUNTY OF I, a Notary Public of the County of State of do hereby certify that Manager of INVISTA SQL. (formerly known as ARTEVA SPECIALTIES S. .R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as rNVISTA S.a.r.l., LLC), personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and on behalf of said limited liability company. 2004. WITNESS my hand and official stamp or seal, this _ day of September, . Notary Public -- My Commission Expires: STATE OF KW K-) COUNTY OF NeW L I, Is S m wr<" bT a Notary Public of the County of _ State of _NCW vtd do hereby certify that 1P<�V�edt1)c�C Mgv\a «-lr��idcac of JPMORGAN CHASE BANK, a New York banking corporation, / personally appeared before me this 'day and acknowledged the due execution of the foregoing instrument for and on behalf of said corporation. 2004. WITNESS my hand and official stamp or seal, this 7_ day of September, lac,-, e-�e Notary Public My Commission Expires: DORIS SCHULDT tro" Public State o1 Now Ybrk No. 31.4638498 Oueitfled in New York Court Commission Expaes Mardi 30. 008 1("COR9;2421789 2C 4417A,09/20/09•-03,91 VI] IN WITNESS WHEREOF, Grantor has executed these presents on the day and year first above written. INVISTA S.A.R.L.(formerly known as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a.r.l., LLC) By [Corp. Seal] Name: Title: Beneficiary agrees to the modification of the Deed of Trust as set forth in this First Modification. JPMOI SE BANK, a New York b g rpor 'on, By Name: Title: PEM A. oEpo(gg WJVSM DN"L-M Trusteejoins in this First Modification to acknowledge its consent - FIRST AMERICAN TITLE INSURANCE COMPANY By Name: Title: liarcoax,1427789v0,4411A.09/10/04--01:41 D11 STATE OF 11nnas s) COUNTY OF S ((tcc f- ) 1, a Notary Public of the County of &z tecc�[y State of do hereby certify that Manager of INVISTA S.A.R.L. (formerly known as ARTS P IALTIES S.A� _ R L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a.r.l., LLC), personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and on behalf of said limited liability company. 2004. WITNESS my hand and official stamp or seal, this X 7Uday of September, NOTARY Notary Public = SrATEot \A. AnM TEF..t My Commission Expires: I 2421 1.00 S` STATE OF _ COUNTY OF 1, , a Notary Public of the County of State of do hereby certify that _ President of JPMOROAN CHASE BANK, a New York banking corporation, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and on behalf of said corporation. 2004. WITNESS my hand and official stamp or seal, this day of September, Notary Public My Commission Expires: IINYCORP: 2421109v2:4411A: 09/20/04--07: 41 pll STATE OF COUNTY OF 1, _ a Notary Public qf the County of State of do hereby certify that &_ President of FIRST AMERICAN TITLE INSURANCE OIDMPANY, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and on behalf of said corporation. WITNESS my hand and official stamp or seal, this 2004. day of, M Commission Expires: Notary Publlo State of New York No. 30.4843545 Qualified In Nassau County Ciommiselon Expires March 30, %0 o2 f Rivc ";242778 .2: ulnA, os/ho/o,--m:u p)I Legal Description TRACT #1: EXHIBIT A BEGINNING at the point of intersection of centerline of Hercules' 30' wide paved road (Hercules' plant coordinate E 37+14.50) with the south edge of Hercules' 20' wide paved road (Hercules' plant coordinate N 125+06,25), said point of BEGINNING being the four (4) following described courses and distances measured from the North face of the South abutment of the highway bridge over Fishing Creek; (1) Southwardly along the eastern right-of-way line of U.S. Highway No. 421, 6096.13 feet to a concrete monument in the said eastern right-of-way line; (2) Continuing along said eastern right-of-way line S 28 degrees 19 feet E 2422.87 feet to a point; (3) N 61 degrees 41 feet E 1651.50 feet to a point; and (4) N 28 degrees 19 feet W 46.25 feet to the said point of BEGINNING; thence from said point of BEGINNING the twelve (12) following described courses and distances: (1) N 280 19' W 201.75 feet to a point (2) N 610 41' E 170.50 feet to a point (3) N 280 19' W 52.00 feet to a point (4) N 610 41' E 965.00 feet to a point (5) S 280 19' E 285.00 feet to a point (6) S 610 41' W 350.00 feet to a point (7) N 280 19' W 80.00 feet to a point (8) S 610 41' W 251.00 feet to a point (9) S 280 19' E 80.00 feet to a point (10) S 610 41' W 66.00 feet to a point (1 1) N 280 19' W 31.25 feet to a point (12) S 610 41' W 468.50 feet to the point of BEGINNING containing 6.49 acres, more or less. LESS AND EXCEPT the following: From the point of beginning on the aforesaid tract, N 610 41' E a distance of 134.50 feet to the point of beginning, thence N 280 19' W 36.75 feet to a point; thence N 610 41' E 146 feet to a point; thence N 280 19' W, 217 feet to a point thence N 610 41' E, 14 feet to a point thence S 280 19' E, 253.75 feet to a point; thence S 610 41' W, 160 feet to the point of beginning, containing 0.20 acres, more or less. (INYCORP;2437I8"27141,A:09/20/04--00.91 plf TRACT #2: BEGINNING at a new 6" round concrete monument in the Eastern right of way line of U.S. Highway 421 (75.00 feet from the centerline) at its intersection with the centerline of a 130 foot wide high voltage power line right of way of the Carolina Power and Light Company recorded in Deed Book 528, Page 73, New Hanover County Registry, said beginning point being located 15,060.98 feet as measured southward]y along said eastern right of way line from the Southern abutment of the concrete bridge over Fishing Creek, naming thence from said beginning crossing the right of way of said Highway South 61 degrees 41 minutes West 150.00 to a point in the Western right of way line of said Highway, thence continuing South 61 degrees 41 minutes West 737.68 feet to a point in the Eastern right of way line of the Atlantic Coast Line Railroad Company; thence continuing South 61 degrees 41 minutes West crossing said right of way 130.21 feet to a new 6" round concrete monument in the western right of way line of said Railroad, thence continuing South 61 degrees 41 minutes West 1732.39 feet to a new 6" round concrete monument in the Eastern line of the Richard A. Shew lands; thence with said eastern line North 17 degrees 48 minutes West 9,117.84 feet to a point (last call line passing over old 6' round concrete monuments at the following distances from the beginning of said call 633.09 feet, 1,298.09 feet, 3,979.88 feet and 7,456.34 feet); thence North 61 degrees 41 minutes East 577.99 feet to a point in the western right of way line of the Atlantic Coast Line Railroad Company, thence continuing North 61 degrees 41 minutes East 130.21 feet crossing said right of way to a point in the eastern right of way line of said railroad; thence continuing North 61 degrees 41 minutes East 228.45 feet to a point in the western right of way line of U.S. Highway 421, thence continuing North 61 degrees 41 minutes East 150.00 feet crossing said right of way to a point in the Eastern right of wuy line of said highway, last said point located 6,096.13 feet as measured southwardly along said eastern right of way line from the aforementioned southern abutment of the concrete bridge over Fishing Creek; thence continuing North 61 degrees 41 minutes East 4,097.27 feet to a point; thence continuing North 61 degrees 41 minutes East 2,131.23 feet to a point on the Western Bank of the Northeast Cape Fear River; thence continuing North 61 degrees 41 minutes East to the run of the Northeast Cape Fear River; thence Southeastwardly along the tun of the Northeast Cape Fear River to a point in the centerline of a 70 foot wide high voltage power line right of way of the Carolina Power and Light Company, as recorded in Book 628, Page 651; thence with said centerline of said 70 foot power line right of way South 31 degrees 05 minutes West to a 2" iron pipe in the Western Bank of said river (last said 2" iron pipe being located from the point marking the easterly terminus of the above course given as North 61 degrees 41 minutes East 2,131.23 feet by a direct calculated line at South 61 degrees 43 minutes 40 seconds East 4,465.21 feet); thence with the centerline of said 70 foot wide power line right of way South 31 degrees 05 minutes West 1,545.68 feet to a new 6" round concrete monument; thence South 58 degrees 55 minutes East 90.00 feet to a new 6" round concrete monument in the centerline of the said 130 foot wide high voltage power line right of way of the Carolina Power and Light Company as recorded in Book 528, page 73; thence with said centerline South 31 degrees 05 minutes West 3,139.72 feet to a new 6" round concrete monument; thence continuing with said centerline South 31 degrees 05 minutes West 5,458.90 feet to the point of beginning, containing 1,577 acres, more or less. [t+ M":242778s ¢:4417e:01/20/04--03:u vll TOGETHER with (i) all riparian rights in and to Northeast Cape Fear River and rights to maintain, operate and extend any bulkhead and pierhead lines and facilities appurtenant to and abutting the Land; (ii) all the improvements, rights, tenements, hereditaments, privileges, easements, rights -of -way or use, licenses, reversionary interest and other appurtenances [hereunto in anywise belonging or in anywise appertaining to the Land; and (iii) any other lands located within any of the property descriptions referred to above; subject, however, to the easements, rights -of -way and other instruments recorded in the records of New Hanover County, North Carolina . EXCEPTING from the foregoing tract, a parcel made up of three separate tracts and described as beginning at an iron pipe in the Westem line of U. S. Highway 421 (75 feet from the centerline), said beginning point located from the beginning point of the above -described 1,577 acre tract by the following courses: South 61 degrees 41 minutes West 150.00 feet crossing said highway right of way and North 28 degrees 19 minutes West 59 1. 10 feet with said western right of way line of said highway, said beginning being the southeastern comer of a 1.36 acre tract, conveyed to A.L. Richards running thence from said beginning with the Southem line of said 1.36 acre tract, South 64 degrees 56 minutes West 290.26 feet to an iron pipe at the Southwestem comer of said tract and the Southeastem corner of A. L. Richards' present owned 0.32 acre tract as recorded in Book 425, Page 520; thence with the Southem line of said tract and continuing South 64 degrees 56 minutes West 68.83 feet to an old iron pipe at the Southwestem comer of said tract and the Southeastem corner of Silas E. Sneeden's 0.72 acre tract as recorded in Book 564, Page 171; thence with the Southem line of said tract and continuing South 64 degrees 56 minutes West 149.17 feet to the Southwestem comer of said tract and the Southeastem comer of the former H. T. Richards' 0.96 acre tract as recorded in Book 520, Page 446; thence North 25 degrees 04 minutes West 209 feet to the Northwestern comer of the Silas E. Sneeden's Tract; thence with the northern line of said tract and continuing North 64 degrees 56 minutes East 150.00 feet to the Northwestem corner of A. L. Richards' present tract; thence continuing North 64 degrees 56 minutes East 68.00 feet to the Northwestem comer of the Tract conveyed to A. L. Richards; thence with the norhem line of said tract and continuing North 64 degrees 56 minutes East 278.30 feet to a point in the western line of U.S. Highway 421; thence with said Western line South 28 degrees 19 minutes East 209.26 feet to the point of beginning, containing 2.40 acres. Also less and excepting from the said tract containing 1,577 acres, more or less, the following tracts: TRACT 1: BEGINNING at a point marked by a concrete monument at the intersection of the northerly boundary line of Grantor's property with the easterly boundary line of U.S. Highway 421 right of way; thence from said point of beginning 1,407 feet easterly along said northerly boundary line of Grantor's property to a point; thence at a right angle southerly 420 feet to a point; thence at a right angle westerly 660 feet to a point; thence at a right angle northerly 310 feet to a point; thence along a curve to the left, said curve having a radius of 45 feet, a distance of 70.69 feet to a point; thence westerly 702 feet to IEMMRp:24 9174 h:4417A,09/20/D4--03:41 pll a point on the easterly boundary line of U.S. Highway 421 right of way; thence northerly 65 feet along said easterly boundary line of U.S. Highway 421 right of way to the point at BEGINNING, containing 7.49 acres, more or less. TRACT Beginning at a concrete monument in the western right of way line of U.S. Highway #421, 75.0 feet from the centerline thereof, said monument is located N 32 degrees 47 minutes 19 seconds W 175.28 feet, as measured along said right of way line, from an iron pipe at the northernmost comer of the Sneed tract as said tract is described in Book 901 at Page 809 of the New Hanover County Registry. The Sneeden tract formerly A. L. Richards tract is shown on a map for Hercules Incorporated recorded in Map Book 8 at Page 90 of the New Hanover County Registry. Said point of beginning also has North Carolina Grid Coordinates of: x = 2,309,494.60 feet, y = 200,855.21 feet. Running thence from said point of beginning S 60 degrees 25 minutes 43 seconds W 124.38 feet to a concrete monument; thence S 29 degrees 34 minutes 17 seconds E 100.0 feet to a concrete monument; thence N 60 degrees 25 minutes 43 seconds E 130.0 feet to a concrete monument in the western line of U.S. Highway #421; thence with said right of way line N 32 degrees 47 minutes 19 seconds W 100.16 feet to the point of beginning, containing 12,718 square feet and being a portion of Hercofina Company tract (formerly of Hercules Incorporated). TRACT 3: ALL that property described in the Deed from Cape Industries, a North Carolina General Partnership, as Grantor to Fortron Industries, a North Carolina General Partnership, as Grantee, recorded in Book 1659 at Page 810 of the New Hanover County Registry. TRACT 4: All that property described in the Deed from Hoechst Celanese Polyester Intermediates, a North Carolina Joint Venture General Partnership, as Grantor, to New Hanover County, a Political Subdivision of the State of North Carolina, as Grantee, recorded in Book 2187 at Page 11 l of the New Hanover County Registry. I WMRP,0407709v1. 4417A: 09/20/04 - -03 : 41 p71 FOR RECISTRRTION RECISTEA OF DEEDS NEY/YWOV�EARCWNTYN NC 2006 JAV 27 10; 47: b6 A"I BK:4970 n.2742-2753 FEE;S44.00 16 R6KF 1106600 l this document was prepared by Janet L. Lewis, Esq. Cravath, Swaine & Moore LLP 825 Eighth Avenue New York, NY 10019 Rci..r^ ".. (&EN) New Hanover County, North Carolina NtgnG& Ta.tt.�er•7 Po Orw...er 29cxa L71(y THIS SECOND MODIFICATION OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT (this "Second A46dification") dated as of January 17, 2006, by and between INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.RL.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a.r.l., LLC), having its principal office at 4123 East 37L" Street North, Wichita, Kansas 67220 ("Grantor"), FIRST AMERICAN TITLE INSURANCE COMPANY (the "Trustee") whose address is 629 Green Valley Road, Suite 212, Greensboro, NC 27408 and JPMORGAN CHASE BANK, N.A. (f/k/a JPMorgan Chase Bank), a national banking association having its principal office at 270 Park Avenue, New York, New York 10017, as agent (in such capacity, "Beneficiary's for the several banks and other financial institutions from time to time parties to the Credit Agreement (as the same may be amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement") dated as of April 30, 2004, as amended and restated as of September 30, 2004, and as further amended as of January 17, 2006, among INVISTA B.V. (formerly known as KOSA B.V.), rNVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), INVISTA (CANADA) COMPANY (formerly known as KOSA CANADA COMPANY), KOSA UK LIMITED and ARTEVA GLOBAL HOLDINGS B.V. (along with Invista S.A.r.l., Invista (Canada) Company and Kosa UK Limited, the "Borrower"), the Lenders (as defined in paragraph 2 below) and JPMorgan Chase Bank, N.A. (f/k/a JPMorgan Chase Bank), as administrative agent (in such capacity, the "Administrative Agent") and as issuing bank (in such capacity, the "Issuing Bank") for the Lenders. I INYCORP:25]1/70vLC1518:01/12/06--12:02 PH Site 24 WITNESSETH: WHEREAS, Grantor and Beneficiary are parties to that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement dated April 30, 2004 (the "Original Deed of Trust') and recorded on May 5, 2004 in Book 4307, Page 165 of the Office of the Register of Deeds of New Hanover County, North Carolina (the "Recording Office"), as amended by that certain First Deed of Trust Modification Agreement dated as of September 30, 2004 and recorded in Book 4524, Page 366 in the Recording Office and as further amended by Deed of Release dated October 12, 2005 and recorded on November 1, 2005 in Book 4930, Page 568 (as amended by this Second Modification, the "Deed of Trust"), which Deed of Trust encumbers certain real property located and being in New Hanover County, North Carolina and more particularly described in Exhibit "A" attached hereto and made a part hereof; WHEREAS the Grantor, the Lenders and Beneficiary, as agent for such Lenders, are parties to the Credit Agreement; and WHEREAS the parties wish to modify the Original Deed of Trust as required by the Credit Agreement, NOW, THEREFORE, Grantor, Trustee and Beneficiary, for and in consideration of the premises and Ten Dollars ($10.00) and other good and valuable consideration, the receipt, acceptance and sufficiency whereof is hereby acknowledged, do hereby agree as follows: l . Capitalized terms used herein and not otherwise defined herein shall have the same meaning as in the Deed of Trust. 2. "Lenders" as defined in the Deed of Trust is hereby amended to mean the Lenders as defined above. 3. The first two paragraphs of the recitals of the Original Deed of Trust are hereby deleted and the following language is substituted in lieu thereof. - Reference is made to (i) the Credit Agreement dated as of April 30, 2004, as amended as of June 28, 2004, as further amended and restated as of September 30, 2004 and as further amended and restated as of January 17, 2006 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among INVISTA B.V. (formerly known as KOSA B.V.), INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), INVISTA (CANADA) COMPANY (formerly known as KOSA CANADA COMPANY), KOSA UK LIMITED and ARTEVA GLOBAL HOLDINGS B.V. (along with Invista S.A.r.l., Invista (Canada) Company and Kosa UK Limited, the 'Borrower"), the lenders from time to time party thereto (the "Lenders'), including, inter alia, Deutsche Bank AG Cayman Islands Branch and Credit Suisse First Boston, as Syndication Agents, CitiGroup Global Markets Inc. and ABN ((NYCORi:2573430vl:44579:01/12/C6--1::57 all Site 24 AMRO Bank N.V., as Documentation Agents, and JPMorgan Chase Bank, N.A. (f/k/a JPMorgan Chase Bank), as administrative agent (the "Administrative Agent") for the Lenders, swingline lender (the "Swingline Lender") and issuing bank (the 'Issuing Bank") with respect to any letters of credit (the "Letters of Credit) issued pursuant to the terms of the Credit Agreement and (ii) the Guarantee and Collateral Agreement dated as of April 30, 2004 (as amended, supplemented, or otherwise modified from time to time, the "Guarantee and Collateral Agreement') among the Borrower, the subsidiaries of INVISTA B.V. (f/k/a KOSA B.V.), party thereto and JPMorgan Chase Bank, N.A. (f/k/a JPMorgan Chase Bank). Capitalized terms used but not defined herein have the meanings given to them in the Credit Agreement or the Guarantee and Collateral Agreement. In the Credit Agreement, (i) the Lenders have agreed to make (a) term loans (the "Term Loans") and revolving loans (the "Revolving Loans") to the Borrower, (ii) the Swingline Lender has agreed to make swingline loans (the "Swingline Loans", together with Term Loans and Revolving Loans, the "Loans") to the Borrower and (iii) the Issuing Bank has issued or agreed to issue from time to time Letters of Credit for the account of the Borrower, in each case pursuant to, upon the terms, and subject to the conditions specified in, the Credit Agreement. Amounts paid in respect of Term Loans may not be reborrowed. Subject to the terms of the Credit Agreement, Borrower may borrow, prepay and. reborrow Revolving Loans. The Credit Agreement provides that the sum of the principal amount of the Loans and the Letters of Credit from time to time outstanding and secured hereby shall not exceed $1,900,000,000. 4. Except as specifically amended or modified in this Agreement, all other terms and provisions of the Original Deed of Trust remain the same. 5. The Grantor hereby represents and warrants that the Deed of Trust is in full force and effect and are valid and enforceable obligations and agreements of Grantor in accordance with the terms and provisions thereof. Grantor hereby waives, discharges and releases forever any and all existing claims, defenses and rights of set-off that Grantor may have against Beneficiary or which may affect the enforcea4ty by Beneficiary of its security and its various rights and remedies under the Deed of Trust. 6. This Second Modification may be executed in any number of duplicate originals and each such duplicate original shall be deemed to constitute but one of the same instrument. [INYCORP: 2571OBv1: 1451B:01/12/C6--11:57 all Site 24 IN WITNESS WHEREOF, Grantor has executed these presents on the day and year first above written. INVISTA S.A.R.L: (formerly (mown as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a.r.l., LLC) Bu--'e— N [Corp. Seat] Name: Jay L. vooamon Title: O+dwri 9*6ipasery Ike: y �� Beneficiary agrees to the modification of the Deed of Trust as set forth in this Second Modification. JPMORGAN CHASE BANK, N.A. (CWa JPMorgan Chase Bank) By Name: Title: Trusteejoins in this Second Modification to acknowledge its consent. FIRST AMERICAN TITLE INSURANCE COMPANY By Name: Title: ffNYCO":2571430vI:4457B:01/10/06--12:06 pll S10B 24 STATE OF —� COUNTY OF c, I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: L na e(s) of principal(s) Date:Je-K0.ary Zoot, DE]EM RREY Nattry PaU of Nanwo tcial signature of tary) M AP 1. E o-e �Dk E I' \u t2 K k Notary Public (Notary's printed or ged name) (Official Seal) My Commission Expires: 00-%. ZG Z nogg STATE OF _ COUNTY OF 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: name(s) of principal(s) Date: (official signature of Notary) Notary Public (Notary's printed or typed name) (Official Seal) My Commission Expires: i[N'l'VNP;I511430v1:4451B:0:/10/06--12:08 pil Site 24 IN WITNESS WHEREOF, Grantor has executed these presents on the day and year first above written. INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALT[ES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a.r.l., LLC) By (Corp. Seal) Name: Title: Beneficiary agrees to the modification of the Deed of Trust as set forth in this Second Modification. JPMORGAN CHASE BANK, N.A. (f/k/a yMrName: Bank) B Tide: BRA. DEDOUSI,� o DIRECTOR Trustee joins in this Second Modification to acknowledge its consent. FIRST AMERICAN TITLE INSURANCE COMPANY B Name: E" J24,&ht Title: VP f fencaav: neviuo.�: ••sn:ai/io/oe--ix,oe nll Site 24 STATE OF ) COUNTY OF ) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: name(s) of principal(s) Date: (official signature of Notary) Notary Public (Notary's printed or typed name) (Official Sea]) My Commission Expires: STATE OF NOtw yo)r ) COUNTY OF AI & y0✓w ) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: {kI WA67 C 40 name(s) of principal(s) Date: J00 • N 1100 to LEM (�� N y�„ rl`�U Naary Po. ol. 6 Now York (official signature of Notary) a e.�a bom we- 29, 2009 (14 h 50*1-o Notary Public (Notaryls printed or typed name) W) My Commission Expires:-A-4 - 79 , 100 9 ((prNep�0591�1M1�u50H�01g0/06--1L 0� pj( Site 24 STATE OF n/o,crx G.QO✓N/O ) COUNTY OF 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: noAE 2r name(s) of principal(s) Date: :.r,v,,.,e,r Jo .2 e(. (o cial signature of Notary) /' ary N 6/e,,..,:,7 Notary Public (Notary's printed or typed name) (Official Sea[) My Commission Expires:.A,A&,r .tq am2o FFH,tgL SEAL• L01-0142ia�awm 6bV�'P,4aa.NefVICVOFI. d° m i(PYCOBP:2571170v1:6457B:01/12/06--11:5] ail Site 24 EXHIBIT A Lying and being in New Hanover County, North Carolina, and being more particularly described sa follows: Parcel 1: BEGINNING at the point of intersection of centerline of Hercules 30' wide paved road (Hercules' plant eoondim to E 37+14.50) with the south edge of Hercules' 20' wide paved road (Hercules' plant coordinate N 125+06.25), said point of BEGMM O being the four (4) following described courses and diauoom measured from the North face of the South abutment of theway bridge over Fish Creek; 1),Southwarrdly along the eastern ri of wrq line of US Highway No. 421, 60%.13 fed to a concrete monamentnt in the said eastern rlahf of way uw- 2� along said eastern riglat of way line S 28 de 19 feet B 2422.97 feet to a point, 3)N 61 41 feet 16S 1.50 set to�a point, and 4 28 d� 19 feet W 4025 feet to the said point of BBGINNBVG from said point of BEGUH41NG the twelve (12) fo o described courssiess and distances: N 28 IT W 2DI 7n5t fp8ao� tto a point• 2 N 61 41' E 170.5m0tfeetmttoo a int &O OO fe3a�to0feet a point;ID)S 61to a � W 66 00 � fpotmo & MI R28 l9 � 4 ?�ZS�f OD 1 2 2R 19 W 468.50 feet to the point o BEGINMNG containing 6.49 cam, more or lean LESS AND EXCEPT die nfollowing: From thence the 28'19' W36.7S� two a aforesaid ftme N 611411E 146 distance point; hence N 28 point 19 of 17fed to a point; thence N 61 41' E 14 fea to a int; thence 3 28 19 E 253.75 feet to a point; thence S 61 41 W 160 feetto the point of beginning, containing 0.26 acres, more or less. Parcel 2: IG at a new 6" round concrete monument in the Eastern righrUway line of US Highway 421 (75.00 feet from the at its intersection with the centestine of a 130 foot wide high voltage power line right of way of the Dwer andL ltt� Cotap reoorded in Deed Book 528, _W P, New Hanover Cotmty R imy, said beginning point we concrero onage over rjamn Lzzeez; rt 61 degrees 41 minutes W 159.00 to a p degrees 41 minutes W 737.68 feet to a Company; S 61uraomonumenicewafif way7lne 44 a new 6" round concrete momtment in the eastern line N 17 diegrees 48 minutes W monuments at the Mewing dlatames fr 7,456.34 feet); thence N 61 degrees 41 Atlantic Coast Line Railroad ��mp�y, d way to a point in the eastern right of way IL Ceet to a point in the western right of way 1 fed avaatng said right of to a norm i 6,096.13 tea as measured Southwardlyy aloe the concrete bridge N 61�oveeest Ft 1 minutes usesCTiek.9 2 th°0°riena°tl�cotiming N 61 4degreesmi s 4telea Ben m along the run of le Northeast Cape Far right of way of the Carolina Power and Li� (cdh(�ardt 7�fo2ot"tron pi lobe' I °o eydy thence with the "Jadd7Ufoaotd new 6' round concrete mmumtent• thence centerlim of the said 130 foot wide high recorded in Book 528, Page 73; thence w concrete monument; them comirming w beginning, containing 1,577 acres, more or n In the Westen oint in the Eau l mhwes W cro said Railroad; i warn line of th 117.84 feet to a t cite i mattes E 5 .9 ice continuing r of said raIlrad; i of US Highwy Saw eastern ice i 11.23 fed to a p s Bast to the rut vet to a point in to a point in the western or asrecorum In 50011 628 651•themes minutes W to a 2' Iran pipe the , Hester d�°�tterm nni of the m3 6l�a40 coq ine tit of way 3 31 degrees 05 minutes 55 mfattta E 90.00 fed m a new 6' rand line rr of way of the Carolina Power a line aline S 31 rM 05 mimness W ,54987 9 a new 6' round concrete utes W 1732.39 feet to S5them with tound ootmereem said , 3,979.98 fed and of r line of the t crossmx said tiabt of 41� lid 150.00 soat6em abutment of a to a point theta Cape Pear River; nM fs Saithemtwmmy °wits am oeoenterline of Bank of said river 465.21 fat); t5.68 fed to a ete monament in the lht Company as i a new ' round to the point of Lying and being in New Hanover County, North Carolina, and being more particularly described as follows: TOGETHER WITH m all rlpadm rights in and to Northeast Cape Fan Rim and rloits to mainWn, operate and extend any bulldiead and plahead llow and fadlitics qr 03M to and abatting the bend; (h) all the tenements, mprivilegea. emem� rights of way or use. licenses, revaa�ary mternt and other ap�patmaaratayoeaf anywise bel or m anywise ro the Land and (tar) any other lands located re&rkinummenh moorded record Hanovver� v.� ' to the easements, rights of way and other, ING from the fotcgoimg tract, a parcel made up of throe tracts pd described as bceinning at an iron pip featern line of US HiaLwry 42I (75 feet from the owtai said ran pohu located from the beginning the above described 1 77 acre pact by the following ooutaes• S 61 dean dI W 130.00 fat aosemg way fight of wwaaYy and �l 28 degrees 19 miouoa W 3 "0 Lest with said"Weatem n�c of way lice of said hi�pwe the sat�a0ern owner of a 1.36 etas oottveyed to A. L. Richard rumdng them from si l wi0r �e 3oat�ta line of aatd 1.36 eras has, 3 64 36 mmpfea W 290.26 feet to m iron pipe nt the rem corner of said tract and the Southeaster t>omer of A L Richards, pr>xeat owned 0.32 acre user a In Book 425 rage 320; thence with the Sotuhem doe of said pact sad S 64 degrees 36 mitunea W et ro an old iron pipe ar the Sotuhwertem corner of said tract and the So n coma of Sits E. t 0.72 eras tracr ereZrN 1n464fieSomlremlineand oondntrmg rohnnes W1et to the Soae�westan txpxam�r of said tract end tbe Southeastern amrt of the former to die corn rofihaa Sth�eaix wl�thellneoeaidrx Nacra Bl30mhwaoma corner of A. L Richards' ppmeemt lean thence N 6a 64 i6 mimnea E 68.00 fat to hwesmn coma of the has ooetveyod to A. L. RieheMs thence vn� the 1421;othrnnawith " Western conthrutu N S 28 �19 mien B 8 266ffeet to point pointIn of b esoem line of, US . �• Po beginning. containing Also less and excepting from the said tract containing 1.577 acres, more or less, the following trace: Parcel 2, 3ubtrsct A: BEGINNING at a point marked by a concrete momrment at the Property ('Grantor' a per Dead recorded in Book 2495, Page 97 of way; thence from said point of beginning 1,407 fat ease property ro a pohu; d=M at a right angle southerly 420 fat to a a point; therbe at aright angle northerly 310 far m a point: the radios of 45 flea, a distance of 70.69 fat to a poiimntt;, thence we line of US Highway 421 rjor of wry; thence northerly 65 feet al Of way to the point at BEGINNING, containing 7.49 aria, more don of the northerly boundary line of 'Grantor's' tc easterlyy b�a�andary line of US 421 right said northerly botmdary line of mtoI ewe a a right wataiy 660 feet to 2 a curve the acid curve a point on the easterly boundary easterly botmdary line of US Highway 421 right Lying and being in New Hanover County, North Carolina, and bang more par icu arty described as follows: Parcel 2, Subtract B: BEGINNING at a concrete morl®lmL in the western right of way line of US Highway 421, 75.0 feet from the centreline thereof, said mommmeat is located N 32 degrees 47 minutes 19 seconds W 175.28 feet, as measured * said right of way line from an it= pipe at the nonmost rthercomer of the Sneed tract as acid tract is described in Boat 961, Page 809 of tie New Hanover County mB6ok8y Tat p=tiaZe�eSmceden tract formerly A. I.. Ritfi90 of the New HanoverRaferdagat traacttrmis isnhgown on a nor Hercules y�lina � m ees ��o .. xa<000de" 4 2460 W,to 00011,8 asmmeot; mince 5�19�Said poust Q a 17 seconds E 100.0 to a concr to monumem thence N 60 deem 25 minatea 43 aeconda E 130.0 feet to a mete momonem in the Western line of US Highway 421; therm with seer of wry line N 32 degree 47 minutes 19 seconds W 100.16 flit to the point of begtoning. 12,718 square fed andking a portbn of Hercofina Company tract, now or formerly (formerly of Ha&ks hncaga Parcel 2, Subtract C: ALL that prop d�Ib� in the Deed from Industries, a North Carolina G+�erel ss Grantor m Fortran ln=a North Carolina General Parmera6 , as Grantee, rocotdW in Boot 1659, 810 of the New Hanover County Registry. Parcel 2, Subtract D: ALL that described in the Deed from Hoechst Celanese Polyester imetmediateata North Carolina Joint Ventura General � as Chamor to a of New Hanover a Political Subdivision of Iva State of North Carolina, as Grantee, recorded Book 2197, County-laWtry. SAVB AND EXCEPT property conveyed in Deeds recorded in Book 4369, Page 577, Book 4668, Page 409, Book 4764, Page 696, Book 4930, Page 561 and Book 4940, Page 2886 New Hanover County. ' orvut�yaQ LIMITED LIABILITY COMPANY 4 ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: 1NV1SnI S.ar.l, LLC SECRETARY OF STATE L.L.C. ID NUMBER: 0477452 NATUREOFBUSINESS: Manufacturer of Fiber Products REGISTERED AGENT: CT Corporation System RI'sGISTERED OFI�ICIi MAII,ING ADDRESS: 225 Hillsboroagh.Street Raleigh, NC 27603 E-Filed Annual Report -1-04882055 For year2009 Do not data enter manually. STA'rE OF INCORPORATION: XV REGIS'17 RID OFFICE STRE,E I' ADDRESS: 225 Hillsborough Street Raleigh, NC 27603 Wake County PRINCIPAL OFFICE TELEPI ]ONE NUM13ER: 316-828-1353 PRINCIPAL OFFICE MAILING ADDRESS: 4123 F. 371h Street North Wichita, KS 67220 PRINCIPAL. OFFICE STREET ADDRESS: 4123 L: 371h Street North Wichita, KS 67220 MANAGE RS/IVIEM131!RS/ORGANI%ERS: Name: Craig ddunson Name: Jay Voncannon Nante: A -farce[ Stephany 7111e:Manager Tide: Manarger Title: Manager Address: Ilddress: Address: 4113 E. 371/iStreet North 4123 F. 37th Street North 23 Val Fleeri Wichita, KS 67220 Wichita, KS 67220 Grand Duclry of Luxemhoarg, ,Y,Y 01526 CERTIFICATION OF ANNUAL REPORT MUST 131? COMPLETED 13Y ALL LIMITED LIABILITY COMPANIES Craig Manson FORM MUST BF SIGNED BY A MANAGER/MEMBER Craig Munson TYPE, OR PRINT NAME ANNUAL REPORTFEE: $200 MAIL TO: Secretary of St:ne • Corporations Division 03/11/2008 DATE Manager TYPE OR PRINT TITLF, Post Office Box 29525 • Raleigh, NC 27626-0525