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HomeMy WebLinkAboutNCG180086_COMPLETE FILE - HISTORICAL_19990827STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. N L� ZS bLA DOC TYPE 91 COMPLETE FILE - HISTORICAL DATE OF RESCISSION ❑ I r ( " cl, YYYYMMDD ,State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director WILLIAM E. SMITH HICKORY WHITE HICKORY MANF. DIV. POST OFFICE BOX 189 HICKORY, NC 28603 Dear Permittee: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 27, 1999 Subject: Reissue - NPDES Stormwater Permit Hickory White Hickory Manf. Div. COC Number NCG180086 Catawba County In response to your renewal application for continued coverage under general permit NCG180000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: * A copy of general stormwater permit NCGI80000 * A Stormwater Pollution Prevention Plan (SPPP) Certification Form. Completion of this form is required to certify that you have developed and implemented the SPPP as per the conditions of the permit. This form must be completed and returned to the Division within 30 days of receipt of this letter. DO NOT SEND the SPPP with the signed form. * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin on the Stormwater program which outlines program components and addresses frequently asked questions * A corrected Certificate of Coverage if you indicated a name change on the Renewal Application Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Bill Mills of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 548 Sincerely, for Kerr T. Stevens Director, Division of Water Quality cc: Central Files Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733.5083 FAX 919-733.9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG180000 CERTIFICATE OF COVERAGE No. NCG180086 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, HICKORY WHITE is hereby authorized to discharge stormwater from a facility located at HICKORY WHITE 856 7TH AVE SE HICKORY CATAWBA COUNTY to receiving waters designated as Clark Creek in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, IV, V, and VI of General Permit No. NCG180000 as attached. This certificate of coverage shall become effective August 27, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 27, 1999. for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director June 9, 1995 Ted Wacaster Hickory Manufacturing Div 300 Oak Street HighPoint, NC 27260 Subject: General Permit No. NCG 180000 Hickory Manufacturing Div COC NCG180086 Catawba County Dear Ted Wacaster: In accordance with your application for discharge permit received on March 29, 1995, we are - —_> -_•forwarding herewith%the subject certificate of coverage to discharge under. the subject state--NPDES-general- - — permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. _ If any parts, measurement frequencies or sampling requirements contained in this permit are _ unacceptable to you, you have the right to request an individual permit by sulimifting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any question concerning this permit, please contact MR. BILL MILLS at telephone number 919/733-5083. Sincerely„ ,gin?I Signed BY Coleen H. Sullins A. Preston Howard, Jr. P.E. cc: Mooresville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG180000 CERTIFICATE OF COVERAGE NO. NCG180086 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Hickory -White is hereby authorized to discharge stormwater from a facility located at Hickory Manufacturing Division 856 7th Avenue, S.E. Hickory Catawba County to receiving waters designated as Clark Creek in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III and IV of General Permit No. NCGI80000 as attached. This Certificate of Coverage shall become effective June 9, 1995. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 9, 1995. Original Signed. 6y Craleen n. Suillns A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission UNITED STATES TMENT OF THE INTERIOR EOLOGICAL SURVEY LENOIR 15 MI. GRANITE FALLS 4.5 Mi. 458000m.E. :L o 0 �WM 469 BETHLEHEM 6 Ml\ 20' 470 �� II II II W STATE Of DEPARTMENT OF NAT r ' RALEIGF C 0 �WM 469 BETHLEHEM 6 Ml\ 20' 470 �� II II II W STATE Of DEPARTMENT OF NAT r ' RALEIGF C FACILITY ��cicor� -1J11� COUNTY NUDES tJ LCa $ p0 s L¢ MAP N. � DSN FLOW Sill S��og STREAM CLASS VkA La A AXE EXPIRATIEXPIRATIOND No State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director WATER QUALITY SECTION PERMIT NAME/OWNERSHIP CHANGE FORM Permit Number: NCG180086 1. Permit holder's name:Hickory White Furniture Co. 2. Permit's signing official's name and title: Mike Robinson (Person legally responsible for permit) VP of Finance (Title) 3. Mailing Address: P.O Box 1600 City: High Point State: NC Zip Code: 27261 Phone: (910) 885-1200 1. This request for a name change is a result of: -( a. Change in ownership of property/company —b. Name change only —c. Other (please explain): Hickory White was previously owned by Sunstates Investment group. It is now HWS Company Inc., dba Hickory White under new asset owner Sherrill Furniture Company Inc. 2. New owner's name (name to be put on permit): HWS Company Inc.. dba Hickory White 3. New owner's or signing official's name and title: Mike Powers (Person legally responsible for permit) Vice President (Title) 4. Mailing Address: 2405 Highland Ave. NE City: Hickory State: NC Zip Code: 28601 Phone: (704) 322-2640 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS:,rir, 1. This completed application n 2. Processing fee of $100 (Checks to be made payable to DEHNR) �r i 3Tn 3. If an ownership change, legal documentation of the transfer of iv ownership (such as a contract, deed, articles of c incorporation) CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION. Current Permittee's Certification: I, Mike Robinson I attest that this application for 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 no completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature:/%VL �� Date: Applicants Certification: I, Mike Powers , attest that this application for 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 no completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: - A';"l Date: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Division of Environmental Management Water Quality Section Permits and Engineering Unit P.O. Box 29535 Raleigh, North Carolina 27626-0535 Telephone: (919) 733-5083 Fax: (919) 733-0719 HICKORY WHITE March 24, 1997 Dcar Valued Supplier, We are pleased to announce that on March 14, 1997, Sherrill Furniture Company completed an Asset Only purchase of the 1-lickory White Company, I ligh Point NC. Regrettably, liabilities will be addressed at a future date by the US Bankruptcy Court. Going forward, we iquesl that you grant Open Account slalus to 1IWS Company, Inc. dba Hickory White. Because it is a newly formed, wholly owned subsidiary of Sherrill Furniture Company, please consider Sherrill's excellent credit history and strong financial position in making your decision. We are keenly aware of your difficult situation with respect to (lickory White. I lowever please be assured that it is our intention to form a mutually beneficial partnership with you as we move into the future. The data below is offered for your consideration: I_I=GAL NAML=: I IW`i Company, Inc. Slicrrill Furniturc Company DOING 13U51NI_55 A5: Hickory Whiec As Above DA"I L OF INCOKPOKAI ION: 14 97 6-II 47 S I"Al'1= 01= INCOEI'OKA1 ION: NC IJC PM15 NUMl3I E: Applird 1 or 00 32.2. t 3:i0 1-FI7LKN_ ID NUMI31_-E: 56-0475593 (Same for 13o1:h) N G SAI_I15 & 1J51-- I AX NUMBER: /105-9-01f.',055d 9 (5amc for l3oeh) 13ANK: 13KANCI 1 BANK & I-R051' 1'0 130X 459 I IICKOK'( NC 2f3603 ACCOUNI' 1--XI=Gt)HVL: EON LINDI_I=f: ACCOUNT //:511-f3977(376 P: (701) 326-64326 F: 70,1 32.6 OP0b All invoices, quotes and inquiries should be directed to: I IW5 Company Inc. dba Hickory Wrier, FO box 996,1 lickory NC 2f3603 Accoune5 f2yrrblc: Wood Purcha5ing: lJpholsCcry furdm5ing: 1': (704) 327 26� 0 17: (704) 322.-f36211 F: (910) b54-2214 F: 704 324 6,207 F: 704 322. 594 2 F: 910 �)bl 5329 If there are questions and concerns, please contact me directly. We look forward to doing business with you. Very truly yours, Sherrill Furniture Con ny Michael L. Powers, Vice President of Finance Vj R^tur•n to: Marshall Yount, Attorney 600:(2C23 F,%E 396 FILED nfnuen RUTH HACKIE asz 03-e8-9) '97 MRR 20 P17 2 115 ��-- Filed March 20, 1997 at 2:45 P ,M. and S ATEOF 660- 00 REGISTER OF DEEDS CATAWBA CO., N. C. GpROLINA ¢;r Real Estate recorded-I'n Book t Page 396. tJJ Excise Tax REVENUE $1,660.00 RUTH MACKIE - REGISTER OF DEEDS Excise Tax Recording Time, Book aria Page Tax Lot No....37,13.-17.-0„0-9.072„_eo4.., 71.3,-17-00_-6874 Parcel Identifier No. _ ....... ......... ........................ ....... .... -................. Verifiedby...... ........ ..... . ............ .,...... ,.... ...... County on the..... ,...... .... day of ........ ,................. ..,..... ..... ,...... ..... ..... 19............ by...................................... --- ................ ................. ............................006063................................................. ........ .............. ........ .-...... 11fa11 after recording to ,Smith lie lma Mu 11 iss 6 Moore, L.L.P. (box 71. 2) (Chris Ne abate) .............-............. ...................... ........................................... I ..... ................. _............................. This instrument was prepared by. Smith.-Helma..Mu.III Sa...&...Moo Fe, ,.. L,1 Brief description for the Indek Two Tracts, 11Daa Avenue, S.E. NORTH CAROLINA GENERAL WARRANTY DEED I qrr THIS DEED made this ._F. 7....+.h. Jay of ...... ...mAkC.h.............. ....... ......,.. 10.7. /.... by and between GRANTOR HICKORY WHITE COMPANY GRANTEE H W S COMPANY, INC. P.O. Box 189 Hickory, NC 28603 Enter In appropriate block for each party; ra e, address, aria, If approPrla/e, chameter of entit, e., corporallen or partnership. The designation Grantor and Grantee as used herein shall include said parties,.lheir heirs, auccessms, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. tVITNESSETH, 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 Crantee in fee simple. all that certain lot or parcel of hand situated in the City of .... jq!l lcory ,,,,,, ,, ,,,,,, Township, .,Catawba .. ............ ........ ....„Cuun ty, North Carolina and more paltictdm'ly deacribed as follolvs: See Exhibit A attached hereto and incorporated herein by reference N.l. car A--. roan No, s a llll..1-11en 1111. EXILLBIT A bov2022 3 X'L 397 TRACT 1: BEGIM1LNC at mi iron stake in the centerline of Southern Railroad 2G0 foot righc-of-way, said iron scalce tp_ir; the northt:esc corner of Cranford ' Wbodcai­viil:,, Inc., property end the northeast corner of Hickory Furniture Group, and tuns thence frcm said point of beginning South 40' 12' 55" East 102.55feet with the western line of Cranford Woodcarving.Inc., to an iron pin; [hence. South 75' 28' East 110.40 feet to an old iron pin; thence concinuin; in the saiie direction 4.60 feet co an iron pin; thence South 27' 30' 37" Icesc 10.45 feet to .n old iron Pin; thence South 25' 15' 46" East 142.35 feet to a nail located in the paved surface of Ninth Screet• SE; thence on a line icit'nin the paved surface of Ninth Streec, SE, South 24' 52' 58" East 621.65 feet to a spike located within the paved surface of the intersection of Ninch Screet, SE, <irh "D" Avenue, SE; thence on a line 1, ich is in the righc- of-way for "D" Avenue, SE, for most of its run, North 86' 05' 13" hest 966.16 feet to an iron pin; thence South 26' 31' 57" East 0.70 feet to an old iron pin; thence Souch 66' 01' 51" west 47.16 feet to an iron pin in ehe northern Targin of the right-of-way for "D" Avenue, SE;; thence with the northern margin of the right-of-way for "D" Avenue, SE, South 78' 40' 44" West 125.29 I eet to ar. old iron pin located in the said right-of-way; thence continuing with the mar -gin of said right-oE-way as is arcs to bear in a more northerly direction with a curve having a radius of 57.98 feet, a chord bearing of 'Norch 68' 46' 35" ?lest and a chord of 62.38 feet to an iron pin in the eastern margin of the right-of-way for Sth Street Place, SE; thence North 36' 10' 53" West 124.17 feet to a drill hole at or near the intersection of the eastern margin of the paved surface of 8th Street Place, SE, and the eastern margin of the raved surface of Highland Avenue, S2; thence on a line that follaas the eastern margin of the right-of-way for Highland Avenue, SE, North 20' 05' 14" East 397.65 feet to a nail in the center line 'of the said Southern Railroad right-of-way; thence North 65' 10' 11" Fist 693.81 fee[ to the point of Beginning. '^ Lying end beirG in Hickory Tozmship, Ce.tawba County, North Carolina, and containing 15.042 acres. MkCT II: BEGINNING at an iron pin located South 26' 31' 57" East 17.37 feet from the iron pin described in the foregoing description of Tract 1 as lying and being North 86' 05' 13" best"966.16 feet from "a point located within the paved surface of the intersection of Ninth Street, SE, with "D" Avenue, SE," and concinuire thence from said point of beginning, cTithin the right -of -:say for "D" Avenue, Sc, South 86' 11' Ea:>t 650.84 feet to an iron pin; thence Soa:th 4' 10' Nest 6.40 feet to an iron pin; thence South 86' 01' East 120.00 feet to an iron pin, Du_L-e Pa.%er Company's norrITiest corner; thence leaving said right-of-way with Duke Power Company's western line South 4' 06' hest 202.00 feet to an iron pin; thence South 85' 57' East 55.28 feet to an iron; thence South 11'. 27' East 771.05 `isec to an iron pin in the northern cargin of proposed "F" Avenue, SE; thence North 80' 59' 23" hest 320.13 feet to an iror. pin; thence 'North 71' 59' 35 West 123.3E feet to an iron pin: thence North 67' 34' 40" West 80.00 feet to an iron pin; thence North 75' 29' 30" West 65.64 feet to an iron oin in Firs. Juanita Yount's eastern line; thence with Mrs. Yount's said line North 1' 49' 26" East 31.88 feet to an iron pin; thence with i-[rs. Ycunt's line and also Hickory CL--nufaccurina Company's line North 32' 29' 58" Wesc 321.00 feet to an iron pin in Empire General Corp.'s southern line; thence with Empire General Corp.'s southern line South 89' 58' 51" East 25.15 feet to an iron pin ac Fnpirc General Corp.'s southeastern corner; thence crith Empire General Corp.'s eastern line North 18' 31' 53" l:zst 290.35 feet to an iron pin; thence North 26' 31' 57" best 341.50 feet to the point of Be. -inning and containing 13.586 acres. Lying And being in hickory Tot-rship, Cataw6:i Coivicv, North Carolina. EXHIBIT B boo 2023 Pr,cL- 398. UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Statesville Division k - `" U. 5.6ank; Uotry Court IN RE: HICKORY WHITE COMPANY, d/b/a Hickory White Upholstery, Hickory Manufacturing, White of Mebane, White Furniture, KayLyn, Tax I.D. No. 56-1697022 Debtor. Case No. 97-50105 CHAPTER 11 MAR .l 7.1gg11 Or J.BaroKG(ott (4#;k 11 7 � 0 SI 1` .,• .l ORDER AUTHORIZING SALE TO SHERRILL FURNITURE COMPANY OR ITS ASSIGNEE OF SUBSTANTIALLY ALL OF THE ASSETS OF HICKORY WHITE COMPANY, A NORTH CAROLINA CORPORATION, FREE AND CLEAR OF ALL LIENS, CLAIMS AND ENCUMBRANCES AND THE ASSIGNMENT OF DESIGNATED LEASES AND CONTRACTS THIS MATTER coming on to be heard.and being heard before the Court on March 11, 1997 and pursuant to the Findings of Fact and Conclusions of Law filed and entered contemporaneously herewith, and good cause appearing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. All of the findings .and conclusions set forth in the Findings of Fact and Conclusions of Law filed and entered contemporaneously herewith be, and hereby are, incorporated by reference as though fully restated herein. 2. The Sale Motion is hereby granted by the Court and Hickory White Company,- the Debtor and Debtor -in -Possession herein, is authorized and directed to sell, convey and transfer all of its interest in the Assets to Sherrill or its assignee (the "Buyer") in accordance with the terms and conditions of the Findings of Fact and Conclusions of Law and this Order (collectively the "Sale Order") and the Asset Purchase Agreement (the "Sherrill Agreement") attached hereto as Exhibit A and incorporated herein by reference, and to enter into, execute and perform all agreements and documents necessary to implement the sale. i aov2023 PACE 399 3. The Buyer shall purchase the Assets in accordance with the terms and conditions of this Sale Order and the Sherrill Agreement, as may be subsequently modified. In the event of any inconsistency among the Sale order or any other document, the Sale Order shall control any other document executed in connection with this Sale. 4. The Buyer shall deposit the sum of $500,000.00 (the "Deposit") with the Closing Agent on or before on March 14, 1997. 5. The Assets to be sold to the Buyer pursuant to this Sale Order shall include without limitation the Assets defined in the Sherrill Agreement. It includes two (2) nominal parcels of real estate located in Catawba County, North Carolina which are owned by a separate corporation, Hickory Manufacturing Company, and which are in addition to the real estate described in the sale Motion. A more particular description of all of the real estate being conveyed to Sherrill is shown on Exhibit A to the Sherrill Agreement. 6. The Assumed Leases as shown in the Sale Order and in the Sherrill Agreement shall be assumed by the Debtor and assigned to Sherrill at the final Settlement Closing. 7. Upon funding of the deposit as set forth above, the Buyer shall be permitted reasonable access to the Assets and the facilities and properties owned or operated by the Debtor in preparation for the closing and consummation of the Sale, all at the sole expense of the Buyer. 8. Pursuant to the Bankruptcy Code including, without limitation, Sections 105 and 36., the Buyer shall take title to the Assets, free and clear of all liens, claims and encumbrances as well as the rights of parties in possession of any of the Assets, except that the interest of the Buyer in the Assumed Leases shall be limited to only the rights of the Debtor as a lease or party to such agreements and be subject to the respective rights of both parties. Buyer shall not be liable for any debts or claims against the Debtor or the Assets except solely to the extent of post - Settlement Closing obligations under the Assumed Leases. 9. In addition to the other terms and conditions of Sale as set forth in this Sale Order and in the Sherrill Agreement, the terms of the last offer of the Buyer which is accepted include the following, which terms and conditions, are hereby approved and ordered: a. Price. The purchase price for the Assets shall be $8,850,000.00 cash subject to the adjustments for inventory and receivable as set forth in the Asset Purchase Agreement attached to Sherrill's bid. 9E rAa aoo,�2023 P1,1cU 400 b. Closing Agent. Rayburn, Moon & Smith, P.A., counsel for the Debtor shall serve as the Closing Agent. If any controversy or disputes arise as to the Closing or the Escrow, then a substitute Escrow Agent will be appointed upon agreement of the Creditors Committee, the Debtor, Sherrill and Citicorp. Rayburn, Moon & Smith, P.A. shall at all times continue to represent the Debtor in this case unless otherwise directed by the Court. C. Closing. Sale of the Assets shall be completed by an Escrow Closing ("Escrow closing") on or before March 17, 1997, and by a Settlement Closing ("Settlement Closing") on or before March 31, 1997. d. Assumption and Assignment of Leases. At the Settlement Closing, the Debtor shall cure any monetary defaults due for the Assumed Leases which are being assigned to the Buyer from the proceeds of Closing and shall immediately pay any amounts necessary to cure defaults in such Leases. e. At the Escrow Closing, the Debtor shall deliver to the Buyer, title to all of the Assets free and clear of all claims, liens and encumbrances. At the Escrow Closing, the Buyer shall pay to the Closing Agent the remainder of the purchase price (the "Escrow Payment"), as estimated by the parties. Final adjustments to the purchase price as provided for in the Sherrill Agreement shall be made at the Settlement Closing. The Deposit and the Escrow Payment are hereafter referred to as the "Escrow Funds" and shall at all times include the funds paid to Citicorp as hereafter provided. The Closing Agent shall hold all the Escrow Funds in trust for the benefit of Sherrill or the Debtor. f. Buyer shall have no obligation to close at the Settlement Closing and shall have the option to terminate the Sherrill Agreement and have all Escrow Funds returned to Sherrill, free and clear of all claims, liens and encumbrances, unless, by date of the Settlement Closing, this Sale order has become a final nonappealable order with no stay pending appeal having been entered. In the event that as a result of a stay of this Sale Order or for any other reason the Debtor fails to transfer the Assets to the Buyer in accordance with the terms of the Sherrill Agreement, then all Escrow Funds (including any Escrow Funds paid to Citicorp) together with interest, if any, earned on the Escrow Funds, shall immediately be returned to Sherrill. Citicorp has agreed to disgorge and return to Sherrill all funds paid to it in accordance with the terms of this Sale order. All Escrow Funds 3- Bov2023 P nc- 401 shall be held in trust, for the benefit of Sherrill and the Debtor, by the Closing Agent and by Citicorp. g. From the Escrow Funds, the Escrow Agent is authorized to disburse to Citicorp the amount estimated by the Debtor, the Creditors Committee and Citicorp to pay the secured claim of Citicorp. Citicorp shall hold such funds in trust for the benefit of Sherrill and the Debtor and shall hold such funds subject to the terms and conditions of this Sale Order, the Final Cash Collateral Order and such other orders as may be entered by this Court. Such funds shall at all times remain subject to the jurisdiction of this Court. At the Escrow Closing, Citicorp's and any other creditor's claims, liens and encumbrances shall transfer from the Assets to the Escrow Funds and shall remain against the Escrow Funds until the final consummation of the Sale at the Settlement Closing. If the Escrow Funds are not required to be returned to Sherrill in accordance with this Sale Order, Citicorp may retain the Escrow Funds paid to it subject to the Final Cash Collateral Order and Citicorp and any other creditor shall immediately release of record and otherwise cancel all of its claims, liens and encumbrances against the Assets. Citicorp shall provide evidence of such action to counsel to the Committee, the Debtor and Sherrill. In the event, that pursuant to this sale Order, the Escrow Funds are required to be returned to Sherrill, Citicorp's and any other creditor's claims, liens and encumbrances against the Escrow Funds shall be released, all Escrow funds held by Citicorp and the Escrow Agent shall be immediately returned to Sherrill, including interest, if any, that may have been earned on the Escrow Funds, and Citicorp's and any other creditor's claims, liens and encumbrances shall continue in the Assets. 10. Upon completion of the Sale at the Settlement Closing, all recorded liens, claims and encumbrances against the Assets are hereby stricken and canceled of record. 11. The Debtor and the Buyer may jointly extend the dates for either or both of the Escrow Closing or the Settlement Closing; provided, however, the agreement to do so shall be in writing and either the Debtor or the Buyer in their sole and absolute discretion may refuse to do so. 12. Except as provided in this Sale Order, from and after March 11, 1997, the Debtor shall not sell, dispose of or encumber its interest in any of the Assets; provided, however, the Debtor is authorized to continue to conduct its normal business operations in the ordinary course of business. -4- aoo:x2023 ?dGc 402 ! 17. All real and personal property taxes relating to the Assets shall be pro -rated between the Buyer and the Debtor as of the Closing Date. The Debtor's pro-rata share of the real and personal property taxes and any revenue stamps shall be paid by the Debtor from the balance of the.purchase price due at Closing. All recording fees and cost of closing of the Buyer shall be the responsibility of Buyer. 14. The Debtor is hereby authorized and directed to enter into the Sherrill Agreement and to do all acts and execute, or obtain the execution of, and deliver to the Closing Agent, such conveyance documents as are necessary to sell, convey, and transfer the Assets in accordance with the terms and conditions of this Sale Order and the Sherrill Agreement. 15. At the Settlement Closing, the Closing Agent is authorized to disburse and is directed to pay from the proceeds of the Settlement Closing all funds necessary to assume and assign all of the Assumed Leases; the tax claims for 1996 for Guilford County, North Carolina, Catawba County, North Carolina, the City of Dallas and Dallas County, Texas and a pro -ration of such tax claims for 1997; the payment of Citicorp's secured claims as set forth herein; the payment of the commission or fee to Stump as calculated pursuant to Stump's engagement; and all reasonable and normal closing costs for the Debtor as Seller. 16. This Court retains jurisdiction over this Sale and the parties to the Sale to resolve any disputes concerning the Sale. 17. This Sale Order shall be a final order and shall be immediately appealable and enforceable pursuant to Bankruptcy Rules 6004, 9014, and therefore Bankruptcy Rules 7054 and 7062. To the extent necessary under Federal Rule of Civil Procedure 54(b) and Bankruptcy Rule 7054, the Court expressly finds that there is no just reason for delay and expressly directs entry of judgment as set forth herein. ,}�TLj�C U -p- qz- UNITED STATES BANKRUPTCY JUDGE rv!�TPTFp TO 5E A T.RM IM ......:v:T COPY OR M, ORIMUt ON N. 5_ �L �rI;TX CLEF DATE:J Consented and Agreed to: Robert H. Prya ,— Attorney for Sherrill Purniture Company Christine L. Hyatt, Attorney for Unsecured creditors, Committee June L. Basden, Attorney for Citicorp North America, Inc. �1j-0 � ( j=OY ar/Y Al art P. Durham, Attorney for Hickory White Company, i aoo:<2023 P-,cE 403 -6- . .• •••` `•'. �� .n.� ,ea dJ0 UGJc JII11 C❑ tli; 1111G - LIILLI'LOC CO IQIUUb 876far..l7. 1997RI1O:O6AMI RAYADAMS KLEEMEIERTB TO 191O27351S7 PO O.9989 P. 212 r 15 'SJ 11: 17p7 aao.x2023 P„cL- 404 <Cona�at�d Atd Agreed to; l� H. Drpar. Attorn." for i Bharrill %urui.taL'� Coapapy Chriltin• L. rMtt, xttaxaap tar CA/OOl1YtQ Craditores ca=ittaa i r aua� L. E"daa, )Ltto=av for T aiticorp ?forth amarica, Inc. alherL 1. Darhaar Ittorney for Aid" white Caspaa7a H'.'i ^- ^^ -�� ouLL LI( IIC 1111G - 1, 11U1'1Vl LC 03/17/07- 110N 12: 23 FAI 910 273 7885 C.UuUrli' ROTH MOON S SUM To .717865 J0 BOB2023 PAGE 405 <conaanted and agreed to: Qobert H. S.'zgar, Attornoy roY uhaxzill 7ur311ture compa-uy chri■tin� Z. ]tyntt, Attorn.np fm- IIriae��xad craditore• caaittam Juno L. Banda -, Attorney fox Citicorp Korth xAorica, Inc. I�'•, ALbart P. Durhu, attornay for Hickory white company> F- State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Mike Powers HWS Company, Inc. 2405 Highland Avenue NE Hickory NC 28601 Dear Mr. Powers: July 25, 1997 Subject: Permit Modification - Name/Ownership Change HWS Company, Inc. dba Hickory White (formerly Hickory White Furniture Co.) NCG 180086 Catawba County In accordance with your Permit Name/Ownership Change request received May 12, 1997, the Division is forwarding the subject permit. The change in this permit is in name and ownership. All other conditions in the original permit remain unchanged and in full effect. Please note that this includes continued implementation of the Stormwater Pollution Prevention Plan required for this facility. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. Please take notice this permit is not transferable. Part II, E.3. of the permit addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concering this permit, please contact Bill Mills at 919/ 733-5083, extension 548. Sincerely, ORIGWL SIGNED BY BMEY WNNETT A. Preston Howard, Jr., P.E. cc: Central Files Mooresville Regional Office, Water Quality Section Permits and Engineering P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper c r- �J .c 0 cD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCGI80000 CERTIFICATE OF COVERAGE No. NCGI80086 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, HWS Company, Inc. dba Hickory White is hereby authorized to discharge stormwater from a facility located at Hickory White 856 7th Avenue, S.E. Hickory Catawba County to receiving waters designated as Clark Creek in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III and IV of General Permit No. NCG180000 as attached. This Certificate of Coverage shall become effective July 25, 1997. This Certificate of Coverage shall retrain in effect for the duration of the General Permit. Signed this 25th day of July, 1997. ORIGINAL SIGNED By BWLEYBENNRT A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission