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HomeMy WebLinkAboutSW1190501_PROPERTY DEED_7/12/2019STnTE OF NORTH CAROLINA ICOUNTX OF BUNCOME //}} The foregoing certificate, namely of l� . , a Notary Public of the Cou y and State designated, to be correct. Let the instrument and certificate be registered. This the day of 1952. lis adj Clerk Superior Cow f Buncombe Count led for registration oneder of , 1952, at egister of Deeds NORTH CAROLINA BUDCOr9BE COUNTY +k'b THIS LEASE, made on this April 26, 1951, by Frank C. Atkinson and wife, Ruth Stikel,eather Atkinson, of Buncombe County, North Ca�olina, hereinafter referred to as Lessors, and Allied Farmers Cooperatives, Inc.;b°a Corporation, chartered and existing under the laws of the State of North Carolina, with its principal place of business in Buncombe County, North Carolina, hereinafter referred to as the Lessee, WITNESMFI: That, in consideration of the agreements hereinafter stated, to be fulfilled by the Lessee, the Lessors do hereby demise and lease ,to the Lessee, its successors and assigns, for a period of ten years, to commence on June 15, 1951, that certain parcel of land, situated on Brook Street, in Biltmore,'Buncombe County, North Caro- lina, more particularly described as follows: BEGINNING at a point in the northern boundary line of Brook Street, said point being 294.2 feet westwardly from the intersection of Brook Street with Old Power House Road, runs thence, along the western boundary line of a certain alleys north 35 degrees 23 minutes east 120 feet to the southern boundary line of the right -of moray of the Southern Railway Company; thence westwardly along the -said southern line of the right-of-way of the Southern Railway Company 50 feet to a stake; thence south 35 degrees 25 minutes east 115 feet to the northern line of Brook Street; thence south 55 degrees Jr minutes east 50 feet to the point of beginning, being a part of Lot 6 and a part of Lot 5 as shown on that certain map, made in April, 1946, by Carter and Bearden, Engineers, recorded in the Registry of Buncombe County in Plat Book No. 2 at Page 129. TO HAVE AND TO HOLD the same and all privileges thereunto appertaining, to the said Lessee, its successors and assigns, for the said period of ten years, upon the following terms and conditions: 1. The total rent for the aforesaid period of ten years shall be $25,800.00, which the Lessee agrees to pay in equal monthly installments of $215.00 each, the first monthly payment to be made on June 1.5, 1951, and all subsequent monthly payments to be made on the 15th day of each succeeding month. 2. The Lessors agree to construct and erect on the aforesaid parcel of land a certain one story concrete block building, with brick front, said building to be equipped with a loading platform on the rear and with adequate and suitable single track railroad siding laid adjacent•to and usable from the rear loading platform; the said loading platform shall be provided with a suitable covering or roof; the said building will be 50 feet wide and 115 feet deep; there will be one double door and four windows in the front; there will be one door, 8.by 10 feet, in the east side of the building; there will be one door, 8 by 10 feet, in the rear or north end of the building; an office and two toilets will be constructed and provided in the building; the roof will be 12 feet high at the front and 11.6 feet at the rear; an oil stove and suitable flue will be installed and provided for heating the office; another flue will be erected for the use of the Lessee in providing heat in the re- maining portion of the building; all plans and, specifications for the construction of said building to be approved by the Lessee. If any circumstances beyond the control of the Lessors delay the completion of the construction of the aforesaid building beyond June 15, 1951, the Lessee will not be obligated to pay any rent un- ti1 such time as the aforesaid building be' completed and ready for occupaney'and use and the aforesaid premises be delivered to the Lessee; and in such event, the afore- said period of ten years shall commence to run as of the date of delivery of the aforesaid premises to the Lessee, ready for occupancy and use, instead of the afore- said 15th day of June, 1951. And the Lessors agree that they will make every normal and reasonable effort to have the construction of the aforesaid building completed and to have the aforesaid premises ready for occupancy and use by the Lessee on or before June 15, 1951; and that in event this be impossible, the Lessors agree to exert all normal and reasonable efforts and pains to complete the construction of the aforesaid building and have the aforesaid premises ready for occupancy and use at the earliest possible date. -2- 3. If the building that is to be constructed on the aforesaid premises be destroyed by fire or other casualty to the extent of 40% or more, the Lessors or the Lessee shall have the privilege of terminating this Lease; if the Lease be con- tinued, the Lessee shall be relieved of the liability to pay rent from the date of such damages until the date, on which the Lessors shall have the building ready and suitable for reoccupancy and use. 4, The Lessors agree that` the Lessee, its successors and assigns, shall enjoy use of the aforesaid premises during the aforesaid term free from the adverse claims of any persons; the Lessee agrees to make no unlawful use of the foregoing premises; the Lessors agree to keep the roof, walls and exterior of the building in good repair; the Lessee agrees to keep the interior of the building in good repair, and to deliver up the said premises at the end of the term provided herein in good condition, damages by fire or other accidents being excepted and normal impairment by usual wear being excepted. The Lessee shall have the privilege of making interio additions and changes to cause the building to be adaptable to its purposes and uses; the Lessee shall have the privilege and right of removing any interior fixtures or structures that it might install; but if the Lessee does remove any interior structures that it might construct at its expense, it shall do so without damaging the building. 5. If the Lessee should neglect to make any payment of rexit when due, or if the Lessee should fail to perform any other agreements contained herein, and if such default shall continue for a period of ten days after written notice of such default, given by the Lessors to the Lessee, the said Lessors shall have the right to enter the aforesaid premises and to remove the Lessee therefrom, without prejudice to other remedies. IN WITNESS WHEREOF.. the said Frank C. Atkinson and Ruth Stikeleather Atkinson have subscribed their names and affixed their seals hereto, and Allied Farmers Co- operatives, Inc. has executed this instrument in its name by its President, attested by its Secretary, and its corporate seal -has been affixed,. all by proper authority of the Board of Directors of said Corporation; all on the day and year first above written. `NogIiflflfflfj1� , .+•••.. - '..•'q-fir �• rip 11� -3- (SEAL) 1RUTH STTKELEATh + _ ATKINSON ALLIED FARMERS COOPERATIVES, INC. .B7 , President NORTH CAROLINA BUNCOMBE COUNTY � a Notary Public, do hereby certify tYat Frank C. Atkinson and his wife, Ruth Stikeleather Atkinson, appeared before me .tlitsf;`day�yand acknowledged execution of the foregoing. instrument. W�1. ,..Y 15 �itrte'ss my hand and notarial seal, this / .. day o1951. . err • a�Ii '^v �,J R Notary Public My Commission Expires: 4$