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HomeMy WebLinkAbout20081555 Ver 1_More Info Received_20110124Strickland, Bev From: Steenhuis, Joanne Sent: Monday, January 24, 2011 5:20 PM To: Strickland, Bev Subject: FW: deed 2008 1555 Attachments: Schedule_B-5a NC_Special_Warranty_Deed.pdf; Schedule_B-5b NC_Mineral_Deed.pdf From: Bill Cameron Imailtotill@cameronco.com] Sent: Monday, January 24, 20115:09 PM To: Steenhuis, Joanne Subject: RE: deed Joanne, Copy of the recorded Deed for the land and the Mineral Deed are both attached. Thanks for coming to the meeting today. I think it helped a lot. Let me know if you need anything else. Bill From: Steenhuis, Joanne Imailto:joanne.steenhuis'bncdenr.gov] Sent: Monday, January 24, 20114:53 PM To: Bill Cameron Subject: deed Bill, I have talked some with Ian and he thought I should go ahead and get a copy of the deed. If you could e-mail it to me that would be great (if there are any monetary values on there you can just black them out). Thx Joanne I V1i?? 13:52:40.003 Jill 11111111 Jill Jill 11111111IIII II III 01-07-2011 Prevatto te Faye Teaehey Pender County, NC Register of Deeds page 7 of 6 Faye Teachey Prevatte Register of Deeds 01-07-2011 13:52:40.003 Ponder County, NC NC REVENUE STAMP: $959.00 (it21342) f V a (SSW 2?j u?Y?d I-1-11 Excise T • $ Oa 1-H NORTH CAROLINA MINERAL DEED Parcel Identifier No: 3372-54-9374-000L Verified by County on the day of , 20 By: This instrument was prepared by:William G. Burgin, III (without title examination) Brief description for the Index:72.50 AC Holly Shelter Cr, minerals THIS MINERAL DEED made this 7th day of January, 2011 by and between GRANTOR SHELTER CREEK MINING, LLC 8315 Highway 53 East Burgaw, North Carolina 28425 GRANTEE SHELTER CREEK CAPITAL, LLC PO Box 3649 Wilmington, NC 28406 The designation Grantor and Grantee as used herein shall include parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, in consideration of the sum of ten dollars ($10.00), cash in hand paid to Grantor by Grantee, the receipt and sufficiencyof which is hereby acknowledged, and in further consideration of the royalty reserved by Grantor and to be paid by Grantee in and pursuant to that certain Asset Purchase Agreement of even date herewith between Grantor, Grantee and others (the "Asset Purchase Agreement") and the terms, conditions, covenants, and agreements made by Grantor and Grantee in this Deed, has bargained and sold and by these presents does grant, bargain, sell, transfer, and convey unto Grantee all of the minerals that, broadly construed, constitute limestone, marl, manufactured sand, overburden and other such material found on the top of the rock layer, clay, and topsoil ("Minerals") and that are in, on, or under that certain lot or parcel of land situated in Holly Township, Pender County, North Carolina and more particularly described in an Exhibit A attached hereto and incorporated herein by this reference as if set forth fully herein ("Premises"), together with (i) the full right of ingress and egress to and from the Premises for the purpose of conducting mining operations to exploit fully the (0 13:52:40.003 II?II?'III?II'IIIIIIIIIIIIIII'?III'll 01-07-2011 KAM71)rovatte Ponder County, NC Register of Deeds page 2 of 6 -Minergis, (ii) the full right to construct, operate, and maintain quarries, various plants, including, but not limited to crushing and sizing plants, wells, mines, machineryappliances, telephone and power lines, roads, tanks, settling basins, reservoirs, and any and all other desirable facilities on Premises as may be reasonably necessary or advisable in order to explore the Premises for the Minerals and to remove and quarry, crush, process, manufacture, refine, or sell the Minerals, and (iii) the full right to lease any and all of the above grant, bargain, sale, transfer, and conveyanceto a third party on terms that are consistentwith that which is granted, bargained, sold, transferred, and conveyed herein; but provided further that no royalty shall be due to Grantoifrom Grantee except as reserved by Grantor and provided for in the Asset Purchase Agreement (all of the above grant, bargain, sale, transfer, and conveyance collectively being the "Mineral Rights"). Notwithstanding anything to the contrary herein, except for the royalty referenced above, the Mineral Rights hereby conveyed shall include all of Grantor's right, title and interest in and to (i) the Premises, including, without limitation,all items bargained, sold, transferred or conveyed to Grantor by that certain North Carolina Mineral Deed recorded in Book 3358, Page 056 of the Pender County Registryand (ii) the property adjoiningthe Premises as described in that certain Special Warranty Deed recorded in Book 3358, Page 052 of the Pender County Registry, if any TO HAVE AND TO HOLD the aforesaid Mineral Rights and all privilegesand appurtenances thereto belonging to the Grantee in fee simple. Other than as set forth in the Asset Purchase Agreement, no representations or warranties have been made by Grantor or anyone acting on its behalf to Grantee as to the condition of the Premises, the Mineral Rights, or the Minerals. It is understood and agreed that the Mineral Rights and Minerals are being conveyed to Grantee separate and apart from fee title to the Premises, which shall be conveyed to Grantee by separate deed. Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received and Grantor will wan-ant and defend the title against the lawful claims of all persons claiming by, under, or through Grantor except for the exceptions hereinafter stated: Restrictions, easements and rights of way of record, if any, as shown on Grantee's final title policy as exceptions, ad valorem taxes for the current year and subsequent years. In addition, this conveyance is made subject to those certain Deeds of Trust recorded in Book 3358, Page 062 and Book 3489, Page 053 of the Pender County Registry. [Execution page follows] 1111111111111111111111111111[111111 17Tchey !0318Pre it%,2-40,003 Faye ate Pender County, gistr of Deeds Page 3 of 6 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. SHELTER CREEK MINING, LLC By: Shelter Creek Management, Inc., Manager By: ?4ephen C. Holland, President STATE OF NORTH CAROLINA COUNTY OF I, USA A. DAVIS , a Notary Public for said County and State, do hereby certify that Stephen C. Holland as President of Shelter Creek Management, Inc., a North Carolina Corporation, as Manager of Shelter Creek Mining, LLC, a North Carolina Limited Liability Company, either being personally known to me or whose identity has been proven to me by satisfactory evidence, personally appeared before me this day and acknowledged the foregoing instrument was voluntarily signed in its name by him on behalf of the Limited Liability Company for the purposes stated therein. Witn hand and Notarial stamp or seal, this day of January, 2011. `\\\\??v\?P A. Dq Vas /,??' ?pTAgy v = G? G. ? ?/? L Z = M = Notary Public Seal) Z A tj e `p 4? Notary's Printed Name: LISA A( . W JI :, yq Jam' -1: My Commission Expires: 1 1-> • ) All' ????r??0 VE R G"."'O, :52:402:4011 0.003 Jill IIIIIIII ???) I II 111I?'III?'I III B3875 PE19 10131- 7- Faye Te&= prevatte pender County, NC Register of Deeds page 4 of 6 EXHIBIT A (Description of Premises) COMMENCING at the North Carolina grid monument, said point having NAD 83 North Carolina State Plane values of Northing=99,161.259 meters, Easting=724,078.728 meters, said point being located in the Southern margin of the 100-foot right-of-way of Highway 53, said point being the Northern control corner; thence North 70 degrees 33 minutes 57 seconds East, 235.44 feet to a calculated point and the TRUE POINT AND PLACE OF BEGINNING; thence South 32 degrees 26 feet 52 seconds East, 106.27 feet to a point; thence South 65 degrees 51 minutes 40 seconds East, 131.55 feet to a point; thence North 55 degrees 31 minutes 09 seconds East, 279.43 feet to a point; thence North 21 degrees 15 minutes 56 seconds East, 61.23 feet to a point; thence South 56 degrees 52 minutes 17 seconds East, 176.75 feet to a point; thence South 35 degrees 19 minutes 50 seconds West, 33.42 feet to a point; thence South 01 degrees 28 minutes 28 seconds West, 86.75 feet to a point; thence South 60 degrees 49 minutes 02 seconds East, 56.08 feet to a point; thence South 13 degrees 07 minutes 12 seconds East, 27.00 feet to a point; thence South 28 degrees 13 minutes 02 seconds East, 66.82 feet to a point; thence South 10 degrees 29 minutes 57 seconds East, 156.41 feet to a point; thence South 40 degrees 32 minutes 34 seconds West, 160.37 feet to a point; thence South 59 degrees 12 minutes 32 seconds West, 89.65 feet to a point; thence South 36 degrees 37 minutes 49 seconds West, 89.70 feet to a point; thence South 33 degrees 36 minutes 07 seconds West, 63.95 feet to a point; thence South 36 degrees 42 minutes 15 seconds West, 151.89 feet to a point; thence South 15 degrees 55 minutes 04 seconds West, 36.48 feet to a point; thence South 41 degrees 51 minutes 21 seconds West, 106.90 feet to a point; thence South 21 degrees 46 minutes 40 seconds East, 130.30 feet to a point; thence South 66 degrees 32 minutes 28 seconds East, 78.57 feet to a point; thence North 79 degrees 45 minutes 39 seconds East, 126.50 feet to a point; thence North 59 degrees 21 minutes 32 seconds East, 133.15 feet to a point; thence North 70 degrees 14 minutes 38 seconds East, 88.38 feet to a point; thence North 68 degrees 59 minutes 24 seconds East, 70.99 feet to a point; thence North 49 degrees 22 minutes 14 seconds East, 204.61 feet to a point; thence North 18 degrees 06 minutes 47 seconds East, 196.90 feet to a point; thence North 09 degrees 11 minutes 12 seconds West, 113.00 feet to a point; thence North 06 degrees 38 minutes 39 seconds East, 114.87 feet to a point; thence North 16 degrees 21 minutes 13 seconds West, 45.37 feet to a point; thence North 42 degrees 24 minutes 43 seconds East, 51.59 feet to a point; thence South 16 degrees 54 minutes 00 seconds East, 72.31 feet to a point; thence North 58 degrees 51 minutes 01 seconds East, 264.03 feet to a point; thence South 62 degrees 40 minutes 36 seconds East, 25.93 feet to a point; thence South 40 degrees 53 minutes 23 seconds East, 73.00 feet to a point; thence North 79 degrees 44 minutes 22 seconds East, 77.01 feet; thence South 82 degrees 21 minutes 22 seconds East, 135.90 feet to a point; thence North 68 degrees 43 minutes 54 seconds East, 120.77 feet to a point; thence North 39 degrees 44 minutes 02 seconds East, 43.31 feet to a point; thence North 59 degrees 26 minutes 23 seconds East, 31.84 feet to a point; thence South 07 degrees 32 minutes 10 seconds East, 92.25 feet to a point; thence South 40 degrees 44 minutes 33 seconds East, 26.34 feet to a point; thence South 46 degrees 25 minutes 35 seconds West, 115.15 feet to a point; thence South 38 degrees 24 minutes 02 seconds West, 135.35 feet to a point; thence South 04 degrees 48 minutes 41 seconds West, 58.88 feet to a point; thence South 25 degrees 28 minutes 24 seconds East, 171.28 feet to a point; thence North 87 degrees 07 minutes 32 seconds East, 55.36 feet to a point; thence South 13 degrees 23 minutes 45 seconds West, 118.71 feet to a point; thence South 06 degrees 39 minutes 40 seconds West, 76.67 feet to a point; thence South 05 degrees 45 minutes 47 seconds East, 66.19 feet to a point; thence South 01 degrees 27 minutes 59 seconds West, 113.05 feet to a point; thence South 78 degrees 16 minutes 31 seconds West, 95.84 feet to a point; thence South 68 degrees 22 minutes 54 seconds West, 140.77 feet to a point; thence South 51 degrees 38 minutes 53 111111111111 Jill 111111111111111111111 B975 PWLg 0107 2011 13:52:40.003 Faye Teachey Prevatte Pander County, NC Register of Deeds page 5 of 6 seconds West, 96.61 feet to a point; thence South 57 degrees 36 minutes 30 seconds West, 133.17 feet to a point; thence South 28 degrees 51 minutes 34 seconds West, 118.91 feet to a point; thence South 49 degrees 42 minutes 27 seconds West, 77.97 feet to a point; thence South 59 degrees 35 minutes 46 seconds West, 65.09 feet to a point; thence South 83 degrees 07 minutes 34 seconds West, 57.88 feet to a point; thence South 87 degrees 49 minutes 12 seconds West, 42.93 feet to a point; thence South 61 degrees 24 minutes 41 seconds West, 27.81 feet to a point; thence North 37 degrees 18 minutes 04 seconds West, 65.32 feet to a point; thence North 69 degrees 47 minutes 25 seconds West, 41.60 feet to a point; thence North 28 degrees 06 minutes 01 seconds West, 44.01 feet to a point; thence North 62 degrees 36 minutes 19 seconds West, 74.06 feet to a point; thence North 68 degrees 06 minutes 59 seconds West, 59.30 feet to a point; thence North 67 degrees 16 minutes 18 seconds West, 37.71 feet to a point; thence North 39 degrees 40 minutes 11 seconds West, 72.12 feet to a point; thence North 70 degrees 55 minutes 46 seconds West, 54.12 feet to a point; thence North 82 degrees 54 minutes 16 seconds West, 82.66 feet to a point; thence South 46 degrees 19 minutes 16 seconds West, 135.57 feet to a point; thence South 62 degrees 46 minutes 25 seconds East, 84.92 feet to a point; thence South 62 degrees 46 minutes 25 seconds East, 95.57 feet to a point; thence South 89 degrees 25 minutes 14 seconds East, 36.27 feet to a point; thence South 43 degrees 09 minutes 08 seconds East, 30.64 feet to a point; thence South 67 degrees 57 minutes 09 seconds East, 75.88 feet to a point; thence South 70 degrees 32 minutes 21 seconds West, 299.69 feet to a point; thence South 02 degrees 08 minutes 52 seconds East, 153.62 feet to a point; thence South 09 degrees 23 minutes 25 seconds East, 65.91 feet to a point; thence North 84 degrees 16 minutes 34 seconds East, 115.81 feet to a point; thence North 70 degrees 51 minutes 20 seconds East, 246.84 feet to a point; thence South 28 degrees 18 minutes 15 seconds West, 62.83 feet to a point; thence South 00 degrees 05 minutes 21 seconds West, 48.43 feet to a point; thence South 07 degrees 27 minutes 52 seconds East, 64.80 feet to a point; thence South 02 degrees 04 minutes 27 seconds East, 122.89 feet to a point; thence South 25 degrees 36 minutes 07 seconds East, 89.53 feet to a point; thence South 23 degrees 44 minutes 10 seconds East, 85.42 feet to a point; thence North 67 degrees 39 minutes 47 seconds West, 59.51 feet to a point; thence North 48 degrees 12 minutes 22 seconds West, 37.29 feet to a point; thence North 51 degrees 25 minutes 36 seconds West, 33.86 feet to a point; thence North 49 degrees 52 minutes 58 seconds West, 52.70 feet to a point; thence North 62 degrees 29 minutes 09 seconds West, 41.22 feet to a point; thence North 46 degrees 16 minutes 55 seconds West, 69.50 feet to a point; thence North 02 degrees 12 minutes 07 seconds `Nest, 29.48 feet to a point; thence North 56 degrees 46 minutes 29 seconds West, 80.62 feet to a point; thence North 81 degrees 44 minutes 23 seconds West, 68.02 feet to a point; thence South 66 degrees 07 minutes 08 seconds West, 43.11 feet to a point; thence South 77 degrees 53 minutes 25 seconds West, 36.57 feet to a point; thence South 86 degrees 05 minutes 12 seconds West, 21.84 feet to a point; thence South 77 degrees 09 minutes 35 seconds West, 61.49 feet to a point; thence South 87 degrees 42 minutes 18 seconds West, 60.32 feet to a point; thence South 40 degrees 54 minutes 51 seconds West, 62.37 feet to a point; thence South 46 degrees 46 minutes 33 seconds West, 110.67 feet to a point; thence South 35 degrees 48 minutes 06 seconds West, 121.47 feet to a point; thence South 07 degrees 25 minutes 44 seconds West, 467.01 feet to a point; thence North 29 degrees 23 minutes 34 seconds West, 154.11 feet to a point; thence North 09 degrees 22 minutes 24 seconds West, 14.93 feet to a point; thence North 31 degrees 48 minutes 02 seconds West, 67.30 feet to a point; thence North 72 degrees 45 minutes 32 seconds West, 25.59 feet to a point; thence North 39 degrees 22 minutes 15 seconds West, 71.13 feet to a point; thence North 53 degrees 49 minutes 45 seconds West, 63.17 feet to a point; thence North 17 degrees 03 minutes 24 seconds West, 19.99 feet to a point; thence North 42 degrees 25 minutes 46 seconds West, 85.38 feet to a point; thence North 49 degrees 38 minutes 50 seconds West, 58.17 feet to a point; thence North 33 degrees 56 minutes 09 seconds West, 130.23 feet to a point; thence Norr'.i 12 degrees 20 minutes 22 seconds West, 105.97 feet to a point; thence North 03 degrees 57 minutes 20 seconds East, 72.61 feet to a point; thence North 09 degrees 14 minutes 46 seconds East, 42.80 feet to a point; thenct North 22 degrees 27 minutes 00 seconds East, 48.96 feet to a point; thence North 37 degrees 02 minutes 36 seconds East, 51.59 feet to a point; thence North 22 degrees 34 52: 4011 Wilt 1 ? 1 Wi ? 13 52:40.003 IN 111111 oil 111111111111111111111 1 01-07- Faye Teaehey Prevatte Pen der Cow?ty, NC egister of Deeds page 6 of 6 minutes 05 seconds West, 391.06 feet to a point; thence South 76 degrees 38 minutes 21 seconds West, 103.04 feet to a point; thence South 25 degrees 15 minutes 57 seconds West, 70.97 feet to a point; thence North 75 degrees 23 minutes 56 seconds West, 146.92 feet to a point; thence North 55 degrees 45 minutes 22 seconds West, 79.08 feet to a point; thence North 06 degrees 30 minutes 29 seconds West, 31.85 feet to a point; thence North 06 degrees 30 minutes 29 seconds West,, 62.65 feet to a point; thence North 13 degrees 37 minutes 54 seconds East, 25.57 feet to a point; thence North 49 degrees 05 minutes 54 seconds East, 43.68 feet to a point; thence North 28 degrees 54 minutes 40 seconds East, 40.75 feet to a point; thence South 43 degrees 47 minutes 30 seconds East, 70.35 feet to a point; thence South 29 degrees 52 minutes 35 seconds East, 56.24 feet to a point; thence South 55 degrees 15 minutes 24 seconds East, 93.48 feet to a point; thence North 71 degrees 37 minutes 01 seconds East, 64.90 feet to a point; thence North 80 degrees 1'8 minutes 42 seconds East, 118.73 feet to a point; thence South 53 degrees 46 minutes 39 seconds East, 25.51 feet to a point; thence North 59 degrees 30 minutes 55 seconds East, 87.66 feet to a point; thence South 56 degrees 14 minutes 58 seconds East, 87.69 feet to a point; thence North 82 degrees 19 minutes 26 seconds East, 1600 feet to a point; thence North 26 degrees 40 minutes 18 seconds West, 111.28 feet to a point; thence North 43 degrees 50 minutes 36 seconds West, 107.98 feet to a point; thence North 18 degrees 34 minutes 58 seconds West, 168.63 feet to a point; thence North 30 degrees 23 minutes 32 seconds West, 39.23 feet to a point; thence North 17 degrees 35 minutes 34 seconds East, 100.17 feet to a point; thence North 59 degrees 07 minutes 46 seconds West, 173.45 feet to a point; thence North 49 degrees 03 minutes 35 seconds West, 75.08 feet to a point; thence South 74 degrees 00 minutes 49 seconds West, 85.56 feet to a point; thence South 24 degrees 32 minutes 10 seconds West, 56.07 feet to a point; thence North 89 degrees 13 minutes 09 seconds West, 43.88 feet to a point; thence South 40 degrees 32 minutes 29 seconds West, 78.28 feet to a point; thence South 24 degrees 57 minutes 26 seconds West, 84.61 feet to a point; thence South 39 degrees 1.0 minutes 22 seconds East, 66.20 feet to a point; thence South 44 degrees 17 minutes 21 seconds West, 31.97 feet to a point; thence South 14 degrees 45 minutes 07 seconds West, 39.95 feet to a point; thence South 32 degrees 31 minutes 43 seconds West, 32.94 feet to a point; thence South 44 degrees 20 minutes 13 seconds West, 61.98 feet to a point; thence North 19 degrees 46 minutes 58 seconds West, 76.00 feet to a point; thence North 05 degrees 31 minutes 02 seconds West, 124.33 feet to a point; thence North 25 degrees 59 minutes 30 seconds West, 81.85 feet to a point; thence North 61 degrees 37 minutes 38 seconds West, 90.69 feet to a point; thence South 81 degrees 59 minutes 01 seconds West, 162.00 feet to a point; thence North 40 degrees 07 minutes 01 seconds West, 115.75 feet to a point; thence South 86 degrees 32 minutes 28 seconds West, 57.69 feet to a point; thence North 16 degrees 40 minutes 32 seconds East, 63.90 feet to a point; thence North 56 degrees 23 minutes 14 seconds West, 94.41 feet to a point; thence North 62 degrees 54 minutes 22 seconds East, 203.15 feet to a point; thence South 15 degrees 41 minutes 20 seconds East, 19.83 feet to a point; thence South 52 degrees 58 minutes 28 seconds East, 82.56 feet to a point; thence South 73 degrees 47 minutes 59 seconds East, 86.24 feet to a point; thence North 60 degrees 43 minutes 38 seconds East, 86.91 feet to a point; thence North 01 degrees 15 minutes 19 seconds West, 56.77 feet to a point; thence North 38 degrees 31 minutes 26 seconds East, 31.46 feet to a point; thence South 84 degrees 31 minutes 28 seconds East, 157.41 feet to a point; thence North 16 degrees 43 minutes 21 seconds East, 103.31 feet to a point; thence North 65 degrees 47 minutes 52 seconds East, 105.38 feet to a point; thence North 14 degrees 43 minutes 25 seconds West, 90.51 feet to a point; thence North 64 degrees 10 minutes 57 seconds East, 95.04 feet to a point; thence North 64 degrees 00 minutes 33 seconds East, 105.42 feet to a point; thence North 64 degrees 08 minutes 21 seconds East, 99.65 feet to a point; thence North 63 degrees 59 minutes 26 seconds East, 98.90 feet to a point; thence North 64 degrees 01 minutes 05 seconds East, 104.74 feet to a point; thence North 63 degrees 28 minutes 45 seconds East, 100.45 feet to a point; thence North 62 degrees 33 minutes 27 seconds East, 103.88 feet to a point; thence North 61 degrees 03 minutes 19 seconds East, 34.21 feet to the TRUE POINT AND PLACE OF BEGINNING, containing approximately 72.5 acres. illil Illilil IIIIIIIIilillllllllllllll k?7 5 M1 1 03 52:40002 Pender County, C Register of Ds Teachey Prevatte page 1 of 5 33')a - j?L(- 353(,-0.101' 331a - 9 3- 3,?,)W 00Vo Excise U: $ Faye Teachey Prevatte Register of Deeds 01-07-2811 13:52:40.602 Ponder County, NC NC REVENUE STAMP: $830.00 021341) 331a- 54-83"14-0-t- CAROLINA SPECIAL WARRANTY DEED Parcel Identifier No.: 3372-84-3536-0000; 3372-73-3224-0000; 3372-54-9374-000L Verified by County on the day of , 20 By: Mail/Box 1Q- urchison Taylor & Gibson PLLC 16 N. 3- Ave, wtunmgton, Nl: za4ui This instrument was prepared by: William G Burgin III (without title examination) Brief description for the Index: 359.50 and 38.37 Acres Holly Township THIS DEED made this 7th day of January, 2011, by and between GRANTOR I GRANTEE YELLOW LAB FARMS, LLC a North Carolina limited liability company Grantor's address: 8315 Highway 53 East Burgaw, North Carolina 28425 SHELTER CREEK CAPITAL, LLC a North Carolina limited liability company Grantee's address: P.O. Box 3649 Wilmington, NC 28406 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Union Township, Pender County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by this reference TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: Restrictions, easements, rights of way of record if any, as shown on Grantee's final title policy as exceptions, and ad valorem taxes for the current year. [Execution page follows] 5 101-07-2011 I I I I I Jill 111111111111111111111 ;3k7;PN cache 2 Prevat 0.002 Pender Comty, NC Reglster of Deeds page 2 of S IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day andyear first above written. YELLOW LAB FARMS, LLC 01 z By: Ida OW115i", Name Title: Stephen C. Holland, Manager STATE OF NORTH CAROLINA COUNTY OF I " M-40-( I, LISA A. DAVIS , a Notary Public for said County and State, do hereby certify that Stephen C. Holland as Manager of Yellow Lab Farms, LLC, a North Carolina limited liability company, either being personally known to me or whose identity has been proven to me by satisfactory evidence, personally appeared before me this day and acknowledged the foregoing instrument was voluntarily signed in its name by him on behalf of the limited liability company for the purposes stated therein. Witness my hand and Notarial stamp or seal, this T 'day of January, 2011. Notary Public LIBA A. 1 Seal) Notary's Printed Name: My Commission Expires:b P-1. s, ? A. Oq? i cA t%0TAgy S AVBIIG ?• %Z/ok,eA Co /if?llllll\ 01-07-2011 1380313 13:52:40. ay Y ? Ache Frevatta002 111111111i IIIIIIIIIIIlilllllllIIIII pander County, NC Register of Deeds page 3 of S 33M IT 11P TRACT 1: Lying in.Hall y TownshipP Pander County, North'Carolina, adNii&g the lards -of 4tephen C. Hollatd Book 9i2 Pegs 147 a the Fender County aegista thi resaaining pocrion.of Faulkner's,land and Holly Shelter. Creek and being more fu1?y described As follows; Beginning at an iron pipe on the Northwest bank of Holly Shelter Cresk, said, beginrLLng iron pipe is the Southern most corner on said creek (down creek) as- shown on Nap book 25 Page 85 of the Pander County kagistry; thence-leaving said creek North 42 dpgreas 03 minutes 23 seconds Wept 82.24 fiat to an iron in the'. centerlina of a branch; thence with the centerline of said branch, the following is a traverse along tha. eastern bank of said branch; North 25 degrees 13 minutes 01 seconds East 40.56 feat; North 08 degrees 18 minutes 21 seconds East 79.99 feet- North 02 degrees 40 minuted 05 seconds Beat 68.31 feet- North 31 degrees" 13 mantes 12 seconds Vast 5031 feet; North 41 degrees 25 ;Uses. 23 seconds West 118.96 feet; South 83 degrees 08 minutes 10 seconds West 69.02 feet; South 65 degrees 06 minutes 06 Seconds Went 75.22 feet to an iron in said branch ; thence leaving amid branch North 58 degrees 33 minutes.31 seconds West 39:48 feet to a point on the proposed cul-de-sac on Veer Ridge Road in Holly Shelter Creek Estates, as recorded in Hap Book 25, Page 85, Pander County Registry; thence with the.said cul-de-see chord being South 64 degrees 46 minutes 00 seconds West 32.96 'feet to a point on the western right-of way of a 60 foot roed'nand Deer Ridge' Bond; thence with said right-of-wey North 81 degrees 54 PlWtes 29 seconds West 900.00 feet to the P.C. Of a curve; thence with said western right-of--way 6 curve to the right chord being North 31 degrees 08 minutes 50 seconds West 207.67 feet to the P.T. of a curve; thence with maid. western right-of-way North '19 degrees 36 minutes 50 seconds East 213.89 feet to the P.C; of a curve; thence with the western , right-of-way of.said rood a curve to the left chord being North 27 duress 28 minutem 46 seconds West 101.02 feet to the P.T. Of sold curve; thence with thh western right-of-way of said road North 74 degreeb 34 minutes 22 imeconds West 111.94 feet, to 'the. P.C. of o curve.; thence with said western right-of=-wsy a curve to the right chord being North 48 degrees 10 minutes 37 seconds West 88.91 feet to the P.T. of said curve] thence with said wastern right-of=way North 21 degrees '46'minutes 52 'seconds West 1160.15 feet to the P.C. of a Curve; thence with the western right-of-way of sold road a reverse curve to thi right chord being North 09 degrees 10 minutes 58.saconds toot 116.62 feet; thence with said western right- of-way North 21 degredm 46 minutes 52 seconds West 100.00 fgat to the P.C. of a curve; thence with said wastern right-of-way a curve to the left chord being North 52 degrees 44 minutes 4; seconds West 116.61 feet to the P.T9: and P.C.. of another curve; thenep with said western right-or-way a curve tp the left chord being North 63 degrees 53 mdnutes29'seconds West 90.98 feet to the P.T. of said curve; thence with the western right-of-way of said road South 81 degrees 47 minutes 42 seconds-West 186.89 feet to the•P.C. of a curve;'thence a curve to the left chord being South 37 degrees 53 minutes 12 seconds West 83.17 feet to the P.T. of said curve, thence with amid western right-ot-Wax South 05 degrees 57 minutes 18 seconds East 176.6q feet to the P.C, of a curve; thence with said western r1&1,6-of-way of said road a curve to the right chord being South 18•degrems 27 minutes 25 seeondsWeat 214.91 felt to the P.T. of said curve- thence with the western right-of-way or maid road South 42 degrees 52 minutes Ch seconds West 113.14 feet to. the P.C. of a, curve; thence- with the western right-of-way of said road a curve to the' right chord being North 86 degrees 32 minutes 35 seconds West 219.69 feet to the P.T. of said curve marked by s new iron stakef thence to and with, the center of a woods road the following courses and dimtaneess South 35 degrees •10 minutes 30 seconds East 75.1 feet,, South 12 -degrees 56 minutes 00 seconds Fast 125.77 feet, South 35•dtigreee 11'minutes 00 seconds East 552.17 feat, South 45 de ass 47 minutes 50 seconds East 996.16 feet,. and South 43 degrees 15 minutes 00 seconds Boat 464.13 feet . 83875 P0314 1352:40.002 II I II"I III I I I II V I I I II "I ICI I III I III 01-07-2011 Faye Teackey Prevatte Pander County. NC Register of Deeds page 4 of 5 to a point in the center' of said wooda road, thence North 37 degrees 53 minutes ff esconds East 17.7 fait to a now flush iron stake on the Northeast edge of said road; thence With the Northeastern edge of said road South 36 dogmas 14 minutes 30 seconds East 568.0 feet to's new iron sts.ha; thence North 86 degrees So minutes 00 seconds East 767.65 fact (pawing over a new in-line iron stake at 563.26 feet) to.¦ rtew iron stake on the Northwest biuik df said Holly Shelter Creek; thence up said creek North 42 degrees 23 minutes W seconds East 29.5 feet to the Beginning, containing 38.37 acres, more or lase and is as partially survey slapped, and described by William H. Blake, HC-PIJ 1162119 of Aurgaw, N.C. oft May 28, 1994. out of these. lands- see Died Book 734, Page 119 of the,Pendar County ' Registry. Hagnatic meridian. to said limp Book 25 Pags'95 of the Pander County Registry which is to'1989. " MIBYT "A" TRACT 2: Lying in Holly Township, 'Ponder County, North Carolina adjacent to and South of the Southern Right-of-Way lime of.N.C. Highway No. 53 (100 feet wide Right-of-Way) and being 'more fully described as follows: BEGINNING at a point at the intersection of the Southern Right-of - Way 'line of N.C. Highway No. '53 and 'the Westeen'Right-of-Way line of Deer Ridge Road (60 feet wide) see Map Bobk 25, Page .85.of the Ponder County Registry; said Beginning point. is located South 56 degrees 21 minutes 08 seconds East 50.14 feet from a point in the paved centerline of N.C. Highway No. 53, this. said. point. is located along said highway centerline South 37 degrees 58'midutes 54 seconds West 30.09 feet from an existing subsurface nail and cap located at the intersection of centerlines of said highway and. road, said nail-and cap is located along said highway centerline. South 37 degrees 58 minutes 54 seconds West 336.84 feet from an old subsurface nail in said highway centerline'and over, the center. of a,concrete box culvert beneath said highway (said culvert is located Southwestwardly along said highway approximately 2:5 miles from NC. Highway No. 50, at Maple Hill)'; running thence from said Beginping point, so located, with said Southern Right-of-Way line of N.C. Highway No. 53 the following courses and distances from point to point: South 41 degrees 41 minutes 20 seconds West 145.76 feet, South 47 degrees 27 minutes 10 seponds, West 288.42 feet (chord), South.52 degrees' 47 minutes 10 sgcorids West 401.94 feet (chord), South 60 degrees 47 minutes 10 seconds West 391.38 feet (chord), South 66 degrees '17 minutes 10 seconds West 229.68 feet (chord), South 73'degrees_17 minutes 10 seconds West' 249.48 feet (chord) and South.73 degrees 30 minutes 10 seconds West 2200.0 feet to an existing iron stake in said Right-of-Way 'at the corner of a fence; thence with International Paper Corporation's line South 39 degrees 59'minutes 50 seconds East 5218.6 feet. (see Map Hook 7, Page 42 of the Pender County Registry) to a Concrete monument in the bank of Holly Shelter Creek; thence up said Creek the following traverse: North 05 degrees 13 minutes 50 seconds West 39.3 feet, North' 36 degrees 13 mihutes 10 seconds East 368.4 feet,. North 42 degrees 57 minutes 5o seconds West 169.2 feet, North 63 degrees 52 minutes 10 seconds East 198.7 feet, South 76 degrees 11 minutes 50 seconds East 136.5 feet, North 03 degrees 32 minutes 10 seconds East 267:1 feet,, North 68 degrees' 39 minutes 10, seconds East 226.9 feet and South 09 degrees 57 minutes S0 seconds East 111.7 feet to an iron pipe on the bank of said Creek; thence continuing up. the run of said Holly Shelter Creek as it meanders.to a new iron stake 3:52:40 ,002 I IIII) Jill 11111111!11111111111 I 83875 P0315 1101-07-201 f Deeds Taahe yS r S tte Ponder County, NC g page on the bank of said Craek;•thence a new marked line South 86 degrees 50--minutes West 767.65 feet (passing over a new, in-line iron stake at 202.4 feet) to 'a new iron stake by a woods road; thence a new line with the Eastern edge of said woods road North 56 degrees 14 minutes 30 seconds West 568.0 feet to a new flush iron stake; thence a new line South 37 degrees 53 ininutes West 17..7 feet to a point in the center of said woods road; thence with the center of said woods road the following new courses and distances:- North' '43 degrees 15 minutes West 464.13 feet, North 45 degrees 47 'minutes- 50 seconds West 996.16 feet, North 35 degrees 11 'minutes West- 552.17 feet and North 12 degrees 56 minutes West 125.77 feet to a point in 'the center of said woods road; thence a new fin's North 35 degrees 10 minutes 30 seconds West 75.1 feet to'a new.iron stake in. the Western Right-of-Way line of said Doer Ridge Road at the P.T. of a curve (s.ee -Map Book 25, page 85 of the Pander County Registry); thence with the Western Right-of-Way of. said 6o foot Deer. Ridge Road the following courses and. distances: North 35 degrees 57 minutes 18•seconds West 274.94 feet, North 01 dogrees•36 minutes 12 seconds West.197.59 feet, North 12 degrees 53 minutes 40 seconds West 56-.72 feet, North 26 degrees 22'minutes 30 seconds West 238.58 feet, North '13 degrees 47 minutes 28 seconds West 313.22 feet, North 04 degrees 25 minutes 35 seconds West 90.99 Teat, North 14 degree's 15 minutes 05 seconds East 112.74 feet, North 33 degrees 13 minutes 25 seconds East 161.67 teat, North 05 degrees 44 minutes 54 seconds'East 70.06 feet, North25 degrees 13 minutes 49 seconds West 75.09 feet, North 56 degrees 21 minutes 08 seconds West 286.32 feet to the Beginning, containing 359.1 acres,, more or less, and-is, as described and mapped from Deed Book 734 Page 119, Map Book 7 Page 42, Deed Book 972 Page .147, all of the Pander County Ragistry, and•from a; part4al.survey by William H. Blake, NC-RLS #L-2179 of Burgaw, N.C. on.28 May.1994.. Magnetic meridian to 1989 and Map Book 25, Page. 85 of the Pander County Registry.