SW3231001_Property Deed_20231219

BK 7674 PG 0496
FILED
UNION COUNTY, NC
CRYSTAL D. GILLIARD
REGISTER OF DEEDS
FILED May 20, 2020
AT 12:29 pm
BOOK 07674
START PAGE 0496
END PAGE 0502
INSTRUMENT # 17432
EXCISE TAX $61.00
MKH
Parcel ID:07057002
Prepared by:The York Law Firm,PLLC,PO Box 1197,Apex,NC 27502
Return To: Edwards/�Timber Company,Inc.,PO Box 219,Marshville,NC 28103
(p Revenue Stamps: $ 1 .00
STATE OF NORTH CAROLINA
TIMBER DEED
COUNTY OF UNION
THIS TIMBER DEED, made this 2day of , 2020, by and
between, VERA M. McBRIDE, widow, whose address is 16000 Idlewild , Indian Trail, NC
28079, hereinafter referred to as "Grantor", and EDWARDS TIMBER COMPANY, INC., a
North Carolina corporation, whose address is P.O. Box 219, Marshville, NC 28103,
hereinafter referred to as "Grantee".
WITNESSETH:
The Grantor, in consideration of Ten Dollars ($10.00) and other valuable considerations, to the
Grantor paid by the Grantee, receipt of which is hereby acknowledged, has given, granted,
bargained, sold, and conveyed, and does hereby give, grant, bargain, sell and convey unto the
Grantee and its successors and assigns the following timber:
All merchantable timber located on 83.88 +/- acres of land situated in Union
County,North Carolina as described in EXHIBIT "A" attached.
THIS CONVEYANCE IS MADE SUBJECT TO the following conditions and restrictions:
1. Type of Harvest: Clear Cut of all Merchantable Forest Products
2. An approximate 30' (per side) stream management buffer shall be maintained.
3. Grantee is to notify Grantor or any agent for the Grantor at least 48 hours prior to both
the beginning and completion of the timber harvesting operations.
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BK 7674 PG 0497
4. Grantee will have TWENTY-FOUR (24) MONTHS from the date of closing of the
Timber Deed to cut and remove all merchantable timber within the sale area. All timber
and cutting rights will revert to the Grantor after the timber harvesting is complete
regardless of Timber Deed contract period aforementioned.
5. Grantee is to keep and maintain all logging activities within the designated timber sale
area as shown on the map attached hereto as EXHIBIT"B".
6. Forestry Best Management Practices (BMPs), Forest Practices Guidelines (FPGs), and
North Carolina Sedimentation and Pollution Control Act must be implemented while
logging. Road construction must be approved by Grantor or its agent, and piled soil from
either construction or wet weather skidding must be returned to roads when harvesting is
complete. Any soil disturbance which may result in stream sedimentation must be
temporarily stabilized within ten (10) working days after the disturbance is made.
Permanent stabilization must be completed within thirty (30) working days after logging
is completed. Grantee is responsible for all construction, gravel, erosion control, water
bars and stabilization on SMZ crossings and erodible areas within the sale area. SMZ
crossings must be approved by the Grantor or its agent and must be debris free and
stabilized at harvest completion. All fire-lanes must be cleaned before tract is exited. The
Grantee is responsible for the timber sale area to be in compliance with all Forestry
Best Management Practices (BMPs), Forest Practices Guidelines (FPGs), and North
Carolina Sedimentation and Pollution Control Act during and at the conclusion of
the logging operations.
7. Grantee will halt harvesting operations if excessive rutting, damage to property, or
debris/mud in road is occurring. Grantee will be responsible for repairing damages. If
harvest is interrupted due to wet weather, the time lost will be added to the length of this
timber deed. If harvesting operations cannot begin due to wet weather and before the
expiration of this Timber Deed, Grantor agrees to grant Grantee a reasonable extension of
this Timber Deed in which to harvest the timber. Said extension shall not be withheld for
any reason and must be in writing and recorded in the Register of Deeds Office.
8. "Trucks Entering Highway" signs are required in both directions from the tract access
point(s) of ingress and egress onto state/county roads,with no exceptions.
9. Any and all trash including but not limited to drink bottles, food wrappers, oil cans,
paper, plastic, or metal articles used by the Grantee must be removed from the property
on a daily basis.
10. The draining of oil, grease, or hydraulic oil onto the ground on this property is expressly
forbidden. Drainage of such petroleum products should be into adequate containers and
disposed of properly.
11.No trees, limbs, brush,tops, or other logging debris are to be left in streams, roads, fields,
boundary lines, ditches, or right of ways.
12. Grantee is responsible for any damage resulting from the harvest operations to fences,
equipment, buildings, crops, fields, pastures, roadways, creeks, and right of ways.

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BK 7674 PG 0498
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13. Grantor guarantees, warrants, and grants ingress and egress to sale area to Grantee and its
agents or assigns. Access shall be via Idlewild Road.
14. Marked property line trees are not included in this sale and designated property corners
must be protected from logging damage. Any property corner that is destroyed shall be
immediate restored at the Grantee's expense.
15. All existing or constructed roads/driveways shall be left in good as or better condition
after use as was prior to use.
16. Grantor guarantees title to the forest products covered by this notice and to warrant the
title against all claims at Grantor's expense. Grantor covenants with Grantee that Grantor
is seized of said timber and the lands upon which it is situated in fee simple and has the
right to convey the same,that the same is free and clear of encumbrances except as herein
and above set forth, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever including, but not limited to, any and all claims for
taxes, mortgages, or any other encumbrances at its own expense. This instrument conveys
title to the by-products such as tops, slabs and saw dust but only if the Grantee removes
the same during the time of this contract.
17. Indemnity Clause: The Grantee shall indemnify and hold harmless the Grantor from any
and all liability and any and all loss, including attorneys' fees and other related and
reasonable expenses incurred, arising from the operations, activities, or omissions of the
Grantee and its agents incident or related to this contract or upon the sale area. Grantee
shall save, defend, keep harmless, and indemnify Grantor and its heirs, successors and
assigns of and from all loss, damage, cost, charged, or expense, including court costs and
attorneys' fees, which they may sustain, suffer, or be put to should Grantee cut any trees
standing outside the boundaries of the above described tract. Grantor shall not be liable to
Grantee for any damage done to the equipment of Grantee or for any injuries suffered by
the employees, agents, or assigns of Grantee, while Grantee is on the above property of
Grantor. Grantee will indemnify grantors against any loss, including reasonable
attorneys' fees, which Grantor may suffer in connection with any claim made by Grantee,
its employees, agents, or assigns. Risk of loss or damage to the timber conveyed herein
by fire or otherwise shall be borne by Grantee. The logging contractor must maintain
liability insurance in an amount of at least $1,000,000 (One Million dollars) at all times
during operations during the term of this contract. Evidence of said insurance will be
furnished upon request of Grantor.
18. In the event of dispute between the parties arising out of the terms and conditions of this
instrument and the performance of either party hereunder, 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 days after the
appointment of any arbiter by the Grantor and Grantee. The period allowed herein for
cutting and removal of timber shall be extended automatically for the number of days
required to complete the selection of arbiters and to complete the arbitration of the
dispute. Arbitration shall be performed in accordance with Article 45A of the General

BK 7674 PG 0499
Statutes of North Carolina. The cutting time given in this timber deed shall be extended
by the length of time necessary for the arbiters to reach a decision.
19. Also, the following rights and privileges, to be exercised by the Grantee, through itself,
its successors, agents, servants, employees, or assigns, for and during the period of
TWENTY-FOUR(24) MONTHS from the date of closing of the Timber Deed: to enter
upon said lands, and to pass and repass over the same at will, on foot or with vehicles,
and to cut and remove said timber, and to construct and operate any road, loading site,
sawmill, or other equipment or structures of any kind whatsoever, and to remove same at
will, over, on and upon said lands, as the Grantee or its successors or assigns may deem
necessary to convenient for cutting, removing, or manufacturing said timber, and to use
such trees, underwood and underbrush, dead and down timber and dirt on said lands as
may be needed or convenient in the construction and repair of said road, and in the
operation of said sawmills or other structures thereon, and to use and employ in the
cutting, removal, or manufacture of said timber any machines or other appliances that
may be now in use or may hereafter come into use, as may be deemed necessary or
expeditious in the cutting, removal, or manufacture of said timber on said lands, together
with such other rights and privileges as may be necessary or expedient to the cutting,
removal, or manufacture of said timber. Any and all rights granted in this paragraph are
subject to Grantor's or its agent's prior approval.
TO HAVE AND TO HOLD the said timber, as above described together with all the rights
and privileges herein granted, to the Grantee and its successors and assigns, to their only use
during the period of time above named; and
The Grantor, for themselves and their heirs, personal representatives and assigns, does
hereby covenant with said Grantee, and its successors and assigns that Grantor is lawfully seized
of said timber, rights, and privileges hereinbefore set out in their own right in fee simple and
absolutely, 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.
All rights, titles, powers and benefits hereunder shall inure to, and all obligations, hereunder
shall be binding upon the respective heirs, executors, successors and assigns of the persons and
firms so affected by this instrument.
IN WITNESS WHEREOF, the Grantor has signed, sealed, and delivered this instrument, the
day and year first above written.
[SIGNATURE PAGE FOLLOWS]

BK 7674 PG 0500
'�/,�o _ jC .t•li.- (SEAL)
VERA M. McBRIDE
STATE OF NORTH CAROLINA
COUNTY OF UMuDN
I, OgiA IZ 140I 1 , a Notary Public of the County and State aforesaid,
do hereby certify that VERA M. McBRIDE personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal,this the day of 14.braon , 2020.
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No ary Public
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BK 7674 PG 0501
EXHIBIT "A"
Beginning at a point in the center of the Secrest Short Cut Road, Goods and Drury's property
corner, indicated by an iron stake in range of the Pt line W. side of the Road, and runs thence with
Drury's line S. 18° 00' W. 1409 ft. to a stone by a hickory, Elmore Hartis' corner; thence with his
line N. 60° W. 232 ft. to a cedar post and stones; thence N. 33° 30'W. 341 ft. to an iron stake by a
pine near a small branch, Cleman Hartis' corner; thence with his lines 1st, S. 64° W. 772 ft. to a
point in Crooked Creek by an Ironwood; 2"d, thence up said Creek N. 74° 45' W. 330 ft. to a stake
in the creek, said Hartis' corner; thence a new division line up said Creek N. 38°45' W. 1250 ft. to
a point in said creek and on Morris Love's line; thence with said Love's line N. 50° 15' E. 295 ft.
to a stone by a cedar and S.G., said Love's and J. M. Griffin's corner; thence with said Griffin's
lines, 1st, S. 43° 15' E. 265 ft. to a stone; 2"d, S. 66° 15' E. 179 ft. to an iron stake on a branch; 3rd,
N. 25° 15' E. 1330 ft. to an iron stake, said Griffin's and Billy Ray Belk's corner; thence with said
Belk's line N. 61° 30' E. 762 ft. to a point in the center of the Secrest Short Cut Road at a culvert;
thence with the center line of said Road as follows: 1st, S. 47° 15' E. 140 ft.; 2"d, S. 39° 30 E. 150
ft; 3rd, S. 32° 15' E. 284 ft.; 4th, S. 30° 00' E. 943 ft. to the BEGINNING and containing 88.15
acres, as surveyed by Ralph W. Elliott,L.S., May 14, 1956.
•
SAVE AND EXCEPT that 4.12 acres, more or less, conveyed to Billy Ray Belk and wife, Joyce
W. Belk by deed recorded 03/14/1969 in Book 223, Page 316, Union County Registry.
•

BK 7674 PG 0502
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EXHIBIT "B"
Timber Sale Map
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§ MCBRIDE TRACT
UNION CO.
1 CRUISE AREA=29 AC.
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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.
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