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HomeMy WebLinkAbout44A_ROSCANS_2007TRANSFER MADE ON RECORD Data s !�/ By WP There are rig.t1'lin3 =sa a 1q%p2fC8(n4`iR ° ©pidB Fr,e...� :.. .. (,:. ,( (� / J� /�lU T _.. 1 •-L 1.� :.. IIIII I III II IIIII I II III 2007670635 HAYWOOD CO, NC FEE $20.00 STATE OF NC REAL ESTATE EXTX $858.00 PRESENTED-ECORDED: 12-12-2007 03:28:43 PM AMY R. MURRAY REGISTER OF DEEDS BY. DEB SCHAFFER DEPUTY BK: RB 723 PG: 2240-2242 �jj NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identifier No. S641- 91- 9015 Verified by County on the day of 20_ Mail/Box to: This instrument was prepared by: C. CALEB DECKER. Attorney at Law Brief description for the THIS DEED made this 12.11ay of-1/ C-(. t; t'l st t?- 20_a, by and between GRANTOR PINNACLE CHURCH, INC. a North Carolina Corporation 90 MAIN STREET CANTON NC 28716 GRANTEE BLUE RIDGE PAPER PR DUCTS INC. 535a (L C. * boo kvlrm-Phir,s TN •KgI10i Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. 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 ofwhich 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 City of CANTON, BEAVERDAM Township, HAYWOOD County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" The property hereinabove described was acquired by Grantor by instrument recorded in Book 681 page 1587 A map showing the above described property is recorded in Plat Book Map Cabinet C, Page 5133 NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company 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 is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Pinnacle Church Inc. (Entity Name) By:Jeremy Heath Davis (SEAL) Title: President 0 By: (SEAL) By:_ s�sb`tVepfbl'� argliha - County of HAYWOOD >4.°. I •thyii@rsi�i4ed Notary Public ofthe County and State aforesaid, certify that Jeremy Heath Davis personally appeared kt d acknowledged the due execution of the foregoing instrument for the purposes therein e7? Sed"4is§ my hand and Notarial stamp or seal this the 12`h day of Decem 007. `0: bthifliss'.nes: JULY 24'" 2010 — O '•v�°'' Cll d7taleb Decker, Wtary Public Sta�gtrpl� 17�t'y rolina - County of HAY WOOD :••� •thelJfil(et'9Jned Notary Public ofthe County and State aforesaid, certify that Jeremy Heath Davis personally came eyy��r rVy�t1_ knowledged that he is the President of Pinnacle Church Inc !, a North Carolina corporation, Slat byauthon f' It given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act dee8' °ltrirVssrr4p d and Notarial stamp or seal, this the 12'h day of Decembe , 200 . GotrOmssi: JULY 24T", 2010 •���� ` C. Caleb Dec,, otary Public k7orth _ ' Ka - County of I, the undersigned Notary Public ofthe County and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this day of , 20 My Commission Expires: Notary Public The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for Haywood County Deputy/Assistant - Register of Deeds NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 — Chicago Title Insurance Company EXHIBIT "A" BEING all of that parcel shown on the plat titled "Plat Prepared For Blue Ridge Paper" by J. Randy Herron, PLS, recorded in the Haywood County Register of Deeds at Plat Book Map Cabinet C at Page 5133, containing approximately 41.890 acres; and being all of the property conveyed in a deed to Pinnacle Church, Inc. recorded in Book 681 at Page 1587, said Registry. TOGETHER WITH and SPECIFICALLY INCLUDING that right of way for a road over the lands of George Wright or his successors, as set forth in deed from Harley E. Wright, et ux. to John F. Whitted, et ux. dated April 27, 1951 and recorded in Deed Book 149, Page 375, Haywood County Registry and as set forth in the deed from John F. Whitted, et ux. to T.R. Robinson, Robert Earl Robinson, James Reeves Robinson and their wives, dated November 27, 1959, recorded in Deed Book 184, Page 250, Haywood County Registry, and as also described in that deed of record in Deed Book 468, page 901, Haywood County Registry. TOGETHER WITH and SUBJECT TO easements and restrictions of record. The subject property has been used as a demolition landfill. For additional references refer to the Solid Waste Permit Number 44-A, dated November 17, 1992 by the Department of Environment, Health and Natural Resources of the State of North Carolina. 0140 NO. 2502.8265 li'r A. _ I_ B. TYPE OF L U.S.DF.PARTM.ENTOr- HOUSING&URBAN DEVELOPMENT L❑FHA 2.QFmHA 3-DCONV. UNINo. 4.1]VA 5.[JCONV. INS. 6. FILE NUMBER 7. LOAN NUMBER SETTLEMENT STATEMENT 27842.700 8. MORTGAGE INS CASE NUMBER C. NOTE., This to=is furnished to give you a statement ofactualsefflemenf costs. Amounts paid to and by the settlement agent are shown. Items marked (POC)" were paid outside the closing; they are shown here forinformathmal purposes and are not included in the totals. D. NAME AND ADDRESS OF BUYER Blue Ridge Paper Products Inc. E. NAME AND ADDRESS OF SELLER Pinnacle Church, Inc. F. NAME AND ADDRESS OF LENDER G. PROPERTY LOCATION Incinerator Road Canton, NC Haywood County, North Carolina H. SETTLEMENT AGENT 56.1476351 Roberts & Stevens, PA I. SETTLEMENT DATE December 12, 2007 PLACE OF SETTLEMENT 1100 BB&T Building Asheville, NC 28801 J. SUMMARY OF BUYER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BUYER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 455.470.00 401. Contract Sales Price 465,470.00 102. Personal Property 402, Personal Property 103. Settlement Charges to Buyer (Line 1400) 842.51 403. 104. 404. 105. 405. Adjustments For Items Paid By Seller in advance Adjustments For Items Paid By Seller in advance 106. City/town taxes to 406. Cityltown taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. Ill. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BUYER 456,312.51 420. GROSS AMOUNT DUE TO SELLER 455,470.00 200. AMOUNTS PAID BY OR IN BEHALF OF BUYER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Depositor earnest money 501. Excess Deposit (See Instructions) 202. Principal Amount of New Loan(s) 502. Settlement Char es to Seller (Line 1400) 1,628.73 203. Existing loans taken subject to 503. Existing loans taken subject to 204. 504. Payoff of first Mortgage to HomeTrust Bank 205,700.32 205, 505. Pa off of second Mort a e 206. 506. 207. 607. 208. 508. 209. 509. Adjustments For Items Unpaid By Seller Adjustments Forltems Unpaid By Seller 210. City/town taxes to 510. CityRown taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to W. Credit re Land Swap 107.470.00 513. Credit re Land Swap 107.470.00 214. Taxes for Blue Ride prop 28.94 514. Taxes for Blue Ride prop 28.94 215. 616. 216. 516. 217. 517. 218. 518. Release Fee 219. 519. 220. TOTAL PAID BYIFOR BUYER 107,498.94 520. TOTAL REDUCT. AMT DUE SELLER 314,727.99 300. CASH AT SETTLEMENT FROM/TO BUYER: 600. CASH AT SETTLEMENT TOIFROM SELLER: 301. Gross Amount Due From Buyer Line 1201 456 312.51 601. Gross Amount Due To Seller Line 4201 455470.00 302. Less Amount Paid BylFor Buyer (Line 220) ( 107,498.94) 602. Less Reductions Due Seller (Lins 520) ( 314,727.90 303. CASH (X FROM) ( TO) BUYER 41 The undersiened herehv arJn-ledaa raceiot of a -.Dldfedcorw 348 813.57 of Danes 1V 603. CASH ( X TO) ( FROM) SELLER of this statement & an-ti-h-k .af-d f�-1. 140.742.01 Buyer BI a Paper Pro a c Seller Pinnacle Church, Inc. BY: BY: - NUD-1 (Sea) ftESPA HBIaa52 -�-r_ --- _ L, SETTLEMENT GH(-14'(-EO 700. TOTAL COMMISSION Based Oil Pl _ $V._y_� Division of Commission (line 700) as F011011- auras seuERs -� - - � FUNDe AT �lrUNOa AT 701. S to $ETREI!ENT eETREf.4'1!T Cn MMFCTInM WITH 1 nAM 801. Loan Od inalion Fee % to 802. Loan Discount % to 803. A raisal Fee to 804. Credit Report to 805. Tax Service Fee to 806. A Iication Fee - PM! to 807. Assumption Fee to 808. 809. 810. 811. 901. Interest From to @ $ /day ( days %) 902. Mortgage Insurance Premium months 903. Hazard Insurance Premium 1.0 years 904. 905. 4nnn RFSFRVFS nFpnSITFn WITH LENDER 1001. Hazard Insurance months @ S per month 1002. Mortgage Insurance months @ $ per month 1003. City/town taxes months @ $ 22r month 1004. Coun lazes months Q $ r month 1005. Assessments months @ $ per month 1006. months @ S per month 1007. months @ $ per month 1008. Aggregate Adjustment months @ S per month 11nn_ TITLF CHARGES 1101. Settlement or Closing Fee to 1102. Abstract or Title Search to 1103. Title Examination to 1104. Title Insurance Binder to 1105.Altorne s Fees to Caleb Decker POC:80.00 1106. Note Fees to 1107. ABome a Fees to Roberts 8 Stevens, PA POC:BO.00 (includes above item numbers: Limited Search from Title Policy ) 1108- t The Title Com atiof North Carolina 475.00 includes above item numbers: 1109. Lender's Covers e $ 1110. Owner's Coverage $ 466,000.00 1111. Co IFax/LD/Delive 1112.Oveml hl/Delive to Roberts a Stevens, PA 10.00 1113. Payoff Coordinate/Cancellation to Robers &Stevens, PA 60.00 40nn -CGMe1CMT D-ADr11MG AMn TRAM.%FFR C.HARGFS 1201. Recording Fees: Deed $ 20.00; Mortgage $ Releases $ 20.00 1202. Ci /Count Tax/Stam s: Deed ! Mortgage 1203. State Tax/Stamps: Revenue Stamps 1,020.00; Mortgage 162.00 858.00 1204.3 Rel D OR Sale/Non Conform to Register of Deeds 153.00 1205. Deed Blue Ridge Safe to Registerof Deeds 20.00 1301, Surve to Charles O. Ham ton, Jr. POC:BO.00 1302. Pest ins ection to 1303. Deed -2008 Blue Rldge Sale to Reglater of Deeds 20.00 1304. County taxes Pinnacle sale to Tax Collector 32.51 560.73 1305. 1400. TOTAL SETTLEMENT CHARGES Enter on Lines 103, Section J and 502, Section K 1.628.73 842.51 Roberts 8 Stevens, PA Certified True Copy Settlement Agent ( 27842.700127842.700) 26 ) A. _ _ -. __..e _.6 TYPE OF LOAN _ 1.145. OI FAR'fkhEh/T OF HOUSING S uR(aAN CrEvuv<PMEtET 1 ❑FHA _2 QFmHP 3.[�C( . LININS. 4 QVA 4 a5 QCONV INS_ G. FILE NUMBER - T 7 I ()AN NUMBF_R SETTLEMENT STATEMENT 8. MORTGAGE INS CASE NUMBER C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked '(POC)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. � n o ecmm�e� �nnnal D. NAME AND ADDRESS OF BUYER Blue Ridge Paper Products Inc. E. NAME AND ADDRESS OF SELLER Pinnacle Church, Inc. F. NAME AND ADDRESS OF LENDER G. PROPERTY LOCATION Incinerator Road Canton, INC Haywood County, North Carolina H. SETTLEMENT AGENT 56-1476351 Roberts & Stevens, PA I. SETTLEMENT DATE December 12, 2007 PLACE OF SETTLEMENT 1100 BB&T Building Asheville, NC 28801 J. SUMMARY OF BUYER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BUYER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 455,470.00 401. Contract Sales Price 455,470.00 102. Personal Property 402, Personal Property 103. Settlement Charges to Buyer (Line 1400) j 842.51 403. 104. 404. 105. j 405. Adjustments For Items Paid By Seller in advance Adjustments For Items Paid By Seller in advance 106. City/town taxes to 406. City/town taxes to 107. Countytaxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. I 409. j 110. j 410. Ill. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BUYER 456,312.61 420. GROSS AMOUNT DUE TO SELLER 455,470.00 200. AMOUNTS PAID BY OR IN BEHALF OF BUYER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess Deposit (See Instructions) 202. Principal Amount of New Loan(s) 502. Settlement Charges to Seller (Line 1400) 1,528.73 203. Existing loans taken subject to 503. Existing loans taken subject to 204. i 504. Payoff of first Mortgage to HomeTrust Bank I 205,700.32 205. 505. Payoff of second Mortgage 206. j 506. 207. 507. 208. ; 508. I 209. 509. Adjustments For Items Unpaid By Seller Adjustments For Items Unpaid By Seller 210. City/town taxes to 510. City/town taxes to 211. Countytaxes to 1 511. County taxes to 212. Assessments to 612. Assessments to j 213. Credit re Land Swap 107,470.00 513. Credit re Land Swap 107,470.00 214. Taxes for Blue Ride prop! 28.94 514. Taxes for Blue Ride prop 28.94 215. 515. j 216. 516. 217. I 617. 218. I 518. Release Fee 219. 619. I 220. TOTAL PAID BY/FOR BUYER 107,498.94 520. TOTAL REDUCT. AMT DUE SELLER 314,727.99 300. CASH AT SETTLEMENT FROMITO BUYER: 600. CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross Amount Due From Buyer Line 120 I 456 312.51 601. Gross Amount Due To Seller Line 420 455 470.00 302. Less Amount Paid By/For Buyer (Line 220) j( 107,498.94) 602. Less Reductions Due Seller (Line 520) j( 314,727.99) 303. CASH( X FROM) ( TO) BUYER I 348,813.57 603. CASH ( X TO) ( FROM) SELLER 140,742.01 The undersigned hereby acknowledge receipt of a completed copy of pages 1 &2 of this statement & any attachments referred to herein. RiwAr -1- Blue Ridge Paper Products Inc. BY: Pinnacl Church,ln . BY:�, �- HUe-1 (3-86) RESPA, HB4305.2 AGREEMENT TO EXCHANGE PROPERTIES Blue Ridge Paper Products Inc. (`Blue Ridge") and Pinnacle Church, Inc. ("Pinnacle"), upon execution hereof, agree to exchange and convey all of that certain real property more particularly described below, upon the following terms and conditions set forth in this Agreement to Exchange Properties ("Agreement'): 1. TRANSFER TO PINNACLE: (a) Blue Ridge agrees to grant, transfer, and convey unto Pinnacle Lots 4A-1, 4B-1, and 4A-2 as shown on the plat recorded in the Office of the Register of Deeds for Haywood County, North Carolina in Plat Book Map Cabinet C at Page 5000 (the `Blue Ridge Property"). (b) It is hereby acknowledged that Lot 4A-2 shall by conveyed by December 31, 2010, and at the time of the conveyance, the fence and construction materials shall be removed from the lot. The other two lots shall be conveyed at Closing, as defined in Section 9 below. (c) The Blue Ridge Property shall be restricted in that no residential use, specifically including but not limited to residential development, or other similar use, shall be allowed. Commercial use of the Blue Ridge Property is permitted. (d) Blue Ridge shall reserves unto itself, its successors and assigns, the right to use the 35.5-foot wide right of way shown on the Plat recorded in the Office of the Register of Deeds, Haywood County, NC, in Plat Book Map Cabinet C at Page 5000 as the "Extension of Fiberville Street' for the purposes of ingress, egress and regress. Maintenance of said right of way in its current condition shall be shared equally by the parties hereto. The parties hereto acknowledge that the any future improvements of said right of way, including grading or paving of the right of way, shall be agreed upon in writing by both parties. In order to consent to the improvements requested, the party requesting the improvements to be made shall tender to the other party complete copies of the plans and specifications for such improvements. All costs associated with said improvements shall be the sole responsibility of the party requesting the improvements be made. (e) At Closing, Blue Ridge agrees to tender to Pinnacle $135,000, plus $213,000 towards the current deed of trust encumbering the Pinnacle Property, as defined below, in cash or certified funds. 2. TRANSFER TO BLUE RIDGE: (a) Pinnacle agrees to grant, transfer, and convey unto Blue Ridge a 42-acre tract of real property described in a deed recorded in Book 681 at Page 1587, Haywood County Registry (the "Pinnacle Property"). (b) The parties hereby acknowledge that the survey completed by Herron Associates with drawing number 2532-510-A and dated October 1, 2007, depicts an access issue whereby the current drive to access the Pinnacle Property crosses over property owned by Harley Brown. As such, Pinnacle has reduced the original negotiated amount of cash to be tendered to Pinnacle pursuant to section 1(e) above by $15,000 to the new amounts reflected therein. 2&s 576270-1 3. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) all ad valorem taxes on the Blue Ridge Property and the Pinnacle Property for the current year as of the date of Closing; (b) ad valorem taxes on personal property, if any, for the entire year shall be paid by each party for its/their own taxes; and (c) all late listing penalties, if any, shall be paid by the owner of the property to which the taxes are listed. Each party represents to the other that it has no knowledge of any pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining their respective properties, as well as no pending or confirmed owners' association special assessments. 4. FIRE AND OTHER CASUALTY: The risk of loss or damage to the Blue Ridge Property and the Pinnacle Property by fire or other casualty prior to Closing shall be at the property owner's risk. In the event of fire or other casualty, the party obligated to purchase that property shall have the option to terminate this Agreement or to proceed to Closing under the terms and conditions of this Agreement in its damaged condition, but all proceeds of insurance paid to or for the benefit of the property owner for damage to the property shall be credited to purchaser at Closing and any claims or insurance proceeds not paid or credited to the property owner as of the date of Closing shall be assigned to the purchaser at Closing. S. CONDITION OF BLUE RIDGE PROPERTY AND THE PINNACLE PROPERTY AND INSPECTIONS: The Blue Ridge Property and the Pinnacle Property are each being exchanged and conveyed in an AS IS, WHERE IS, AND WITH ALL FAULTS condition and state of repair. 6. ENVIRONMENTAL MATTERS: (a) Blue Ridge has no knowledge that the Blue Ridge Property is not in compliance with all applicable environmental laws and regulations, there are any toxic, hazardous or petroleum materials located on, in or about the Blue Ridge Property in violation thereof, and there are any underground storage tanks located on the Blue Ridge Property. Notwithstanding the foregoing, the parties hereby acknowledge that certain environmental hazardous items which have been stored or maintained in appropriate containers are currently located on or have been located on Lot 4A-2, which containers shall be removed from the lot prior to its conveyance. (b) Pinnacle has no knowledge that the Pinnacle Property is not in compliance with all applicable environmental laws and regulations, there are any toxic, hazardous or petroleum materials located on, in or about the Pinnacle Property in violation thereof, and there are any underground storage tanks located on the Pinnacle Property. 7. CLOSING MATTERS: (a) Blue Ridge has no actual knowledge, nor has it received any notice of, any actual or threatened action, litigation or proceeding (including, but not limited to condemnation) by any organization, person, individual, or governmental agency against either Blue Ridge or the Blue Ridge Property, nor does Blue Ridge know of any basis for such action, that would prevent the conveyance of the Blue Ridge Property by Blue Ridge to Pinnacle as provided in this Agreement. Blue Ridge shall cause all deeds of trust, assessments, liens and other charges against the Blue Ridge Property to be paid or released prior to or at Closing with any required record cancellations or releases occurring within a reasonable period R&S 576270-1 following the Closing. At Closing, Blue Ridge shall convey to Pinnacle, or as Pinnacle directs, marketable fee simple title to the Blue Ridge Property by a General Warranty Deed. Title to the Blue Ridge Property must be free of all encumbrances, except ad valorem taxes for the current year, utility easements and unviolated restrictive covenants that do not materially affect the value of the Blue Ridge Property, and such other encumbrances as may be assumed or specifically approved by Pinnacle. After the execution of this Agreement, Blue Ridge shall not knowingly take any action which would adversely affect the title to the Blue Ridge Property. Blue Ridge shall furnish at Closing an affidavit and indemnification agreement in customary form, in favor of Pinnacle, counsel and title insurance company, stating that all labor and materials furnished to the Blue Ridge Property at Blue Ridge's request or for Blue Ridge within 120 days prior to the date of Closing have been paid, listing all assessments, encumbrances and occupiers on the Blue Ridge Property and indemnifying said parties against all loss from any cost or claim arising therefrom and from any misstatement therein. Blue Ridge agrees to pay for the preparation of the Deed and any other documents required of Blue Ridge to fulfill Blue Ridge's obligations hereunder and for the Revenue Stamps required by law. Pinnacle shall be responsible for all costs with respect to any loan obtained by Pinnacle, title search, title insurance, recording of the Deed and for the preparation and recording of all instruments required to secure any loan. (b) Pinnacle has no actual knowledge, nor has it received any notice of, any actual or threatened action, litigation or proceeding (including, but not limited to condemnation) by any organization, person, individual, or governmental agency against either Pinnacle or the Pinnacle Property, nor does Pinnacle know of any basis for such action, that would prevent the conveyance of the Pinnacle Property by Pinnacle to Blue Ridge as provided in this Agreement. Pinnacle shall cause all deeds of trust, assessments, liens and other charges against the Pinnacle Property to be paid or released prior to or at Closing with any required record cancellations or releases occurring within a reasonable period following the Closing. At Closing, Pinnacle shall convey to Blue Ridge, or as Blue Ridge directs, marketable fee simple title to the Pinnacle Property by a General Warranty Deed. Title to the Pinnacle Property must be free of all encumbrances, except ad valorem taxes for the current year, utility easements and unviolated restrictive covenants that do not materially affect the value of the Pinnacle Property, and such other encumbrances as may be assumed or specifically approved by Blue Ridge. After the execution of this Agreement, Pinnacle shall not knowingly take any action which would adversely affect the title to the Pinnacle Property. Pinnacle shall furnish at Closing an affidavit and indemnification agreement in customary form, in favor of Blue Ridge, counsel and title insurance company, stating that all labor and materials furnished to the Pinnacle Property at Pinnacle's request or for Pinnacle within 120 days prior to the date of Closing have been paid, listing all assessments, encumbrances and occupiers on the Pinnacle Property and indemnifying said parties against all loss from any cost or claim arising therefrom and from any misstatement therein. Pinnacle agrees to pay for the preparation of the Deed and any other documents required of Pinnacle to fulfill Pinnacle's obligations hereunder and for the Revenue Stamps required by law. Blue Ridge shall be responsible for all costs with respect to any loan obtained by Blue Ridge, title search, title insurance, recording of the Deed and for the preparation and recording of all instruments required to secure any loan. 8. EVIDENCE OF TITLE: Each party shall deliver to the other party copies of all relevant title documents and existing loan information in possession of, or readily available, R&S 576270-1 including but not limited to, title insurance policies, attorney's opinions on title, surveys, covenants, deeds, leases and loan information relating to the properties being conveyed. 9. CLOSING: All parties agree to execute any and all documents reasonably necessary in connection with the Closing within thirty (30) days of the execution of this Agreement (the "Closing Date"). The Closing shall be held on or before the Closing Date at the law offices of Blue Ridge's attorney or at such other place mutually acceptable to the parties. The Deeds are to be made to the purchasing party as directed by the purchaser. 10. POSSESION: Except as otherwise provided herein, each party shall transfer possession of its/their respective property to the purchasing party on the Closing Date. 11. MISCELLANEOUS: This Agreement is and shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. This Agreement contains the entire agreement of the parties, shall be considered to have been prepared equally by the parties hereto and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. This Agreement shall become a binding contract when signed by both parties. It may be signed in multiple counterparts, with a signed counterpart to be retained by each party hereto. Closing constitutes acknowledgment by the parties that the Agreement terms have been satisfied at Closing; however, if any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hererto until fully observed, kept or performed. Date: 1 Z 1)1 O'"1 Date: Blue Ridge 5Podnc. By:4- Print Name:r, Title:-O.O. R&S 576270-1 Pinnacle Church, Inc. By: Print Name: Title: including but not limited to, title insurance policies, attorney's opinions on title, surveys, covenants, deeds, leases and loan information relating to the properties being conveyed. 9. CLOSING: All parties agree to execute any and all documents reasonably necessary in connection with the Closing within thirty (30) days of the execution of this Agreement (the "Closing Date"). The Closing shall be held on or before the Closing Date at the law offices of Blue Ridge's attorney or at such other place mutually acceptable to the parties. The Deeds are to be made to the purchasing party as directed by the purchaser. 10. POSSESION: Except as otherwise provided herein, each party shall transfer possession of its/their respective property to the purchasing party on the Closing Date. 11. MISCELLANEOUS: This Agreement is and shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. This Agreement contains the entire agreement of the parties, shall be considered to have been prepared equally by the parties hereto and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. This Agreement shall become a binding contract when signed by both parties. It may be signed in multiple counterparts, with a signed counterpart to be retained by each party hereto. Closing constitutes acknowledgment by the parties that the Agreement terms have been satisfied at Closing; however, if any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hererto until fully observed, kept or performed. Date: Date: (-2� 7 Blue Ridge Paper Products, Inc. Pinnacle Church, Inc. By: Print Name: Title: R&S 576270-1 By: Print me Title: &,-,1de-,t