20071756 Ver 1_USACE Correspondence_20120104

Strickland, Bev
From: Homewood, Sue
Sent: Wednesday, January 04, 2012 3:05 PM
To: Strickland, Bev
Subject: FW: ALAMANCE WEST _(SAW- 200703073201 / DWQ 07 -1576)
Attachments: SAW200703073201_NC1.pdf; Book74Page468- 469.pdf
Importance: High
For file 07 -1756
Sue Homewood
NC DENR Winston -Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston - Salem, NC 27107
Voice: (336) 771 -4964
FAX: [phone]
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Bob Zarzecki [mailto:bzarzecki(a)sandec.com]
Sent: Wednesday, January 04, 2012 2:58 PM
To: Andrew. E.Wi Ilia ms2(a)usace.army.mil; Homewood, Sue
Cc: James .C.Lastinger(a)usace.army.mil
Subject: ALAMANCE WEST_(SAW- 200703073201 / DWQ 07 -1576)
Importance: High
Andy:
wasn't sure if this should go to you or James, so I copied him on this email.
To All:
Attached is a PDF copy of recorded conservation map and easements for Alamance West. I believe
this is the last outstanding items for this project. Please let me know if you need anything else. If not,
then we request verification that the project is now in compliance with their permit.
Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
(919) 846 -5900 Office Phone
(919) 256 -4517 Direct Line
(919) 846 -9467 Fax
(919) 270 -2068 Mobile
bzarzecki(d.)sandec.com
SandEC.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review /quality control process. Design data and recommendations included herein are provided as a

matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you
are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic
communication in error, please notify the sender by return e -mail and delete the original communication from your system. Thank you.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW- 2007 - 03073 -201 County: Alamance
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible
Party Alamance Crossing II, LLC
Attn: Mr. John Meschel
Address 800 South Street, Suite 395
Waltham, Massachusetts, 02453
Telephone Number
Authorized
Agent Soil & Environmental Consultants, PA
Attn: Mr. Bob Zarzecki
Address 11010 Raven Ridge Road
Raleigh, North Carolina 27614
Telephone Number 919- 846 -5900
Size and Location of Property (waterbody, Highway name /number, town, etc.): The permitted site is
located within the northeast quadrant of the intersection of St. Mark's Road and Boone Station Road, in
Burlington, Alamance County, North Carolina and is identified as Alamance Crossing.
Description of Unauthorized Activity / Permit Noncompliance: The permittee is in non - compliance
with Department of the Army permit SAW- 2007 - 03073 -201, Special Condition #6, which states:
" Permittee shall execute and cause to be recorded in the Alamance County Register of Deeds a
Conservation Declaration, the form of which was transmitted to USACE in an October 3, 2008
correspondence from Mr. Bob Zarzecki, which shall preserve in perpetuity the 4.26 acres of property
described on the map attached to the correspondence as "Conservation Area Map ". A copy of the
Conservation Declaration to be recorded is attached to this permit as Exhibit C. The permittee shall
enforce the terms of the conservation declaration and shall take no action on the property described in the
declaration inconsistent with the terms thereof. The permittee shall record the conservation declaration no
later than April 6, 2009. The permittee shall provide a copy of the recorded declaration to the Corps of
Engineers within 30 days of recording ".
As requested by the applicant, the Corps modified the permit on three (3) separate occasions, as follows:
1) On December 16, 2008, allowing the conservation easement to be recorded no later than August 6,
2009.
2) On July 7, 2009, allowing the conservation easement to be recorded no later than January 1, 2010.
3) On December 2, 2009, allowing the conservation easement to be recorded no later than August 31,
2011.
Based on information provided via electronic mail on September 29, 2011, the conservation easement for
this site has not been recorded.
Indicate Which of the Following Apply:
Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action

requested below, the Corps of Engineers will take no further action in this matter. If you continue to
work in waters and wetlands without the required authorization, and /or fail to perform the requested
remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to
file suit against you. If you need further information about the Corps of Engineers regulatory program,
please contact Andrew Williams at telephone number 919 -554 -4884 ex. 26
Remedial Action Requested: As indicated in the electronic mail correspondence dated September 29,
2011, from Mr. Bob Zarkecki, please record the the conservation declaration within 30 days.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office in the enclosed pre - addressed envelope.
Property Owner / Responsible Party Signature
A
D gitca l ly signed by WILL IAMS.ANDREW.E.1244561655
N: USA, r -WIL Government, ou .12 4 61655 ,
u= USA ,cn= WILLIAMSANDREW.E1244561655
Regulatory Project Manager Signature Date: 2011.09.2910:24:10 04'00'
Date: September 29, 2011
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
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Doc ID: 010815520006 Type: CRP
Recorded: 12/02/2011 at 02:25:32 PM
Fee Amt: $26.00 Page 1 of 6
Alamance, NC
HUGH WEBSTER REGISTER OFF DEEDS
BK3060 PG490'495
CL
Prepared by and return to: E. Lawson Brown, Jr., Vernon Law Firm, 522 South Lexington Ave., Burlington,
NC 27215 -5827
STATE OF NORTH CAROLINA
ALAMANCE COUNTY
CONSERVATION DECLARATION
This DECLARATION OF CONSERVATION COVENANTS, CONDITIONS, AND
RESTRICTIONS (the "Conservation Declaration ") is made as of the W day of
2011 by Alamance Crossing II, LLC, a North Carolina limited liability
company with an address c/o CBL & Associates Properties, Inc., 2030 Hamilton Place
Boulevard, Suite 500, Chattanooga, TN 37421 ( "Declarant ").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property shown
as Areas 4, 5, 6, and 7 on the plan entitled "Conservation Area Map for Alamance
Crossing," prepared by MSS Land Consultants, P.C. and which plat is recorded in Plat
Book `� at Pagesit �in the Alamahce County Registry and by this reference
incorporated herein (the "Property "); and,
B. The purpose of this Conservation Declaration is to maintain wetland and/ or riparian
resources and other natural values of the Property, and prevent the use or development of
the Property for any purpose or in any manner that would conflict with the maintenance
of the Property in its present natural condition. The preservation of the Property in its
present natural condition is a condition of Department of the Army permit Action ID
2007- 03073 -201 issued by the Wilmington District Corps of Engineers ( "Corps "),
required to mitigate for unavoidable impacts to waters of the United States authorized by
that permit, and this Conservation Declaration may therefore be enforced by the United
States of America.

Conservation Declaration
Alamance Crossing 11, LLC
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural
scenic, and open condition and restricted from any development or use that would impair
or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Property or any introduction of non-native plants and/or animal
species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole,
tower, conduit, line pier, landing, dock or any other temporary or permanent structure or
facility on or above the Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Ag_ icultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry
and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways, on the
property.
G. Signage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs
identifying the Grantor as owner of the Property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery, or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
16523A-000001/365910 V I

Conservation Declaration
Alamance Crossing II, LLC
I. Excavation Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or
other materials, and no change in the topography of the land in any manner on the
Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or
tampering with water control structures or devices, or disruption or alteration of the
restored, enhanced, or created drainage patterns. In addition, diverting or causing or
pennitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all - terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE H. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation
condition of authorizations issued by the United States of America, U.S. Army Corps of
Engineers, Wilmington District, and therefore may be enforced by the Unites States of
America. This covenant is to run with the land and shall be binding on all parties and all
persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Property at reasonable times for the purpose of inspecting
the Property to determine whether the Declarant, Declarant's representatives, or assigns
are complying with the terms, conditions and restrictions of the Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps
to bring any action against Declarant for any injury or change in the Conservation
Property cause by the third parties, resulting from causes beyond the Declarant's control,
including, without limitation, fire, flood, storm, and earth movement, or from any prudent
action taken in good faith by the Declarant under emergency conditions to prevent,
16523A- 000001/3659 10 v 1

Conservation Declaration
Alamance Crossing II, LLC
abate, or mitigate significant injury to life, damage to Property or harm to the Property
resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the
Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Conditions. The Declarant represents and acknowledges
that the Property is currently undeveloped land, with no improvements other than any
existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner
and is seized of the Property in fee simple and has good right to make the herein
Declaration; that there is legal access to the Property, that the Property is free and clear of
any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose,
(1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property
shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Conservation Declaration. If any provision
is found to be invalid, the remainder of the provisions of this Conservation Declaration,
and the application of such provision to persons or circumstances other than those as to
which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in
timely fashion in the official records of Alamance County, North Carolina, and may re-
record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a)
the Property described herein is and at all times hereafter will continue to be in full
compliance with all federal, state and local environmental laws and regulations, and (b)
as of the date hereof there are no hazardous materials, substances, wastes, or
environmentally regulated substances (including, without limitation, any materials
containing asbestos) located on, in or under the Property or used in connection therewith,
and that there is no environmental condition existing on the Property that may prohibit or
impede use of the Property for the purposes set forth in the Recitals.
16523A-000001/365910 v 1

Conservation Declaration
Alarnance Crossing 11, LLC
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
ALAMANCE CROSSING H, LLC,
a North Carolina Limited Liability Company
FEIN: 62-1542285
By: CBL & Associates Limited Partnership,
a Delaware Limited Partnership, its sole member and chi
manager
By: CBL Holdings 1, Inc.,
a Dela are Corporation, its sole general partner
By: 1" 4�- (� ;'
Printed Name:
V-1011t, a. Serghel
Title: qqQ!Q
.–F AN Pfesidei it and ral Counsel
�► TATE OF
COUNTY OF
I certify that the following person personally appeared before me this day and
acknowledged to me that he/she, as representative of CBL Holdings 1, Inc., sole general
t:'
partner of CBL & Associates Um-ited-Partnersbip, sole member and chief manager of
ALAMANCE CROSSING 11, LLC, voluntarily signed the foregoinaDr document for the
purpose stated therein and in the capacity indicated: i-
(name of person signing)
Date: 12-J 2L ALL R.
r
T %a)
Notary Public TENI,1�-SSEE
Print Name: tt IrIU V- Myti v) a NOTARY
PUB ic
My Commission Expires:
TON
X10 //t 4 t
16523A-000001/365910 0

Conservation Declaration
Alamance Crossing II, LLC
CONSENT
PNC Bank, National Association, a national banking association (hereinafter
called "Grantee "), as the beneficiary under that certain Deed of Trust, Security
Agreement, Assignment of Leases and Rents and Fixture Filing (hereinafter called the
"Deed of Trust ") dated December 20, 2010, from Alamance Crossing II, LLC, a North
Carolina limited liability company, to First American Title Insurance Company, as
trustee, for the benefit of Grantee, as recorded December 28, 2010, in Book 2974,
Page 90 -122, in the office of the Register of Deeds of Alamance County, North Carolina,
hereby consents to the foregoing Conservation Declaration and agrees that the lien of the
Deed of Trust shall be subject and subordinate to the Conservation Declaration.
PNC BANK, NATIONAL ASSOCIATION,
a national b ' g as
By: zaz J
Printed Name: Al t r _
Title: � ; e4
A�2
I certify that the following person personally appeared before me this day and
acknowledged to me that he /she, as representative of PNC Bank, National Association
voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: A%l Gt% r oQ (name of person signing)
Date: -fiW1ta1 a !z i1
Notary Public
Print Name: &I, J. ��T /ffja�
My Commission Expires: ..204:5-
(Notary Seal)
COMMONWEALTH OF PENNSYLVANIA
ES.Strickland AL. SEAL
-Notary Public a, Philadelphia County EXPIRES JAN. 25, 2015
16523A- 000001 /365910 v t

i iisiAai iiiAii iii oiiii iiiii oiiii i0iii iii0i siiii iiiii iiaii asiii iiiii iiiii iiii ioii
Doo 'D: ORO81,5510006 TVpe: CRP
Fie cord /02 2011 at 02:25:19 PM
Fee Amt: $2 .00 Page 1 of 6
Alamance, NC
HUGH WEBSTER REGISTER OF DEEDS
BK 306OPG484-489
Prepared by and return to: E. Lawson Brown, Jr., Vernon Law Firm, 522 South Lexington Ave., Burlington, NC 27215-
5827
STATE OF NORTH CAROLINA
ALAMANCE COUNTY
CONSERVATION DECLARATION
This DECLARATION OF CONSERVATION COVENANTS, CONDITIONS, AND
RESTRICTIONS (the "Conservation Declaration") is made as of the day of
NoVe
A4e,r 2011 by Alamance Crossing CMBS, LLC, a Delaware limited liability
company with an address c/o CBL & Associates Properties, Inc., 2030 Hamilton Place
Boulevard, Suite 500, Chattanooga, TN 37421 ( "Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property shown as
Areas 1, land 3 on the plan entitled "Conservation Area Map for Alamance Crossing" prepared
by MSS Land Consultants, P.C. and which plat is recorded in Plat Book 4 at Pages 40-4eln
the Alamance County Registry and by this reference incorporated herein (the "Property"); and
B. The purpose of this Conservation Declaration is to maintain wetland and/ or riparian
resources and other natural values of the Property, and prevent the use or development of the
Property for any purpose or in any manner that would conflict with the maintenance of the
Property in its present natural condition. The preservation of the Property in its present natural
condition is a condition of Department of the Army permit Action ID 2007-03073-201 issued by
the Wilmington District Corps of Engineers ("Corps"), required to mitigate for unavoidable
impacts to waters of the United States authorized by that permit and this Conservation
Declaration may therefore be enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Property shall be held and subject to the following restrictions, covenants and conditions as set
out herein, to run with the subject real property and be binding on all parties that have or shall
have any right, title, or interest in said property.

Conservation Declaration
Alamance Crossing CMBS, LLC
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open
condition and restricted from any development or use that would impair or interfere with the
conservation purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction of non-native plants and/or animal species is
prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt
or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit,
line pier, landing, dock or any other temporary or permanent structure or facility on or above the
Property.
C. Industrial, Commercial and Residential Use Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use Agricultural, grazing, animal husbandry and
horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or mowing of
trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways, on the property.
G. SiMage.No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property; signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs identifying
the Grantor as owner of the Property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is
prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials,
and no change in the topography of the land in any manner on the Property, except to restore
natural topography or drainage patterns.
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Alamance Crossing CMBS, LLC
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling,
filling, leveling, pumping, impounding or related activities, or altering or tampering with water
control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the easement area by any means, removal of wetlands,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished by
this Conservation Declaration shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt bikes, all- terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in its
natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE H. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation condition of
authorizations issued by the United States of America, U.S. Army Corps of Engineers,
Wilmington District, and therefore may be enforced by the Unites States of America. This
covenant is to run with the land and shall be binding on all parties and all persons claiming under
the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the
Property to determine whether the Declarant, Declarant's representatives, or assigns are
complying with the terms, conditions and restrictions of the Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to
bring any action against Declarant for any injury or change in the Conservation Property cause
by the third parties, resulting from causes beyond the Declarant's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith
by the Declarant under emergency conditions to prevent, abate, or mitigate significant injury to
life, damage to Property or harm to the Property resulting from such causes.
ARTICLE M. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the Property
for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
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A. Conservation Property Conditions. The Declarant represents and acknowledges that the
Property is currently undeveloped land, with no improvements other than any existing utility
lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner and is
seized of the Property in fee simple and has good right to make the herein Declaration; that there
is legal access to the Property, that the Property is free and clear of any and all encumbrances,
except Declarations of record.
ARTICLE V. MISCELLANEOUS
A-Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property shall
be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect
to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Conservation Declaration. If any provision is found
to be invalid, the remainder of the provisions of this Conservation Declaration, and the
application of such provision to persons or circumstances other than those as to which it is found
to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely
fashion in the official records of Alamance County, North Carolina, and may re-record it at any
time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and represents
that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property
described herein is and at all times hereafter will continue to be in fall compliance with all
federal, state and local environmental laws and regulations, and (b) as of the date hereof there are
no hazardous materials, substances, wastes, or environmentally regulated substances (including,
without limitation, any materials containing asbestos) located on, in or under the Property or
used in connection therewith, and that there is no environmental condition existing on the
Property that may prohibit or impede use of the Property for the purposes set forth in the
Recitals.
(Remainder of page is blank)
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IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first
above written.
ALAMANCE CROSSING CXIBS, LLC,
a DelawareLimited Liability Company
FEIN: 62-1542285
By: CBL & Associates Limited Partnership,
a Delaware Limited Partnership, its chief manager
By: CBL Holdings I, Inc.,
a Delaware corporation, its sole general partner
I - (,-*, 2 A .
By: I �� -a- �
Printed Name: VWod
Title: Senior
I certify that the following person personally appeared before me this day and acknowledged to
me that he/she, as representative of CBL Holdings L Inc., Sole General Partner of CBL &
Associates Limited Partnership, Chief Manager of ALAMANCE CROSSING CMBS, LLC,
voluntarily sip d the foregoing document for the purpose stated therein and in the capacity
indicated: I S - MA I A (name of person signing)
��INA
Notary Public
Print Name:
My Commission Expires:
R
�TE
TENNESSEE
NOTARY
PUBLIC z-
N G
00WO
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Conservation Declaration
Alamance Crossing CNOS, LLC
CONSENT
Guggenheim Life & Annuity Company, a Delaware life insurancecompany (hereinafter
called "Grantee"), is the assignee under that certain Assignment of Deed of Trust, Assignment of
Leases and Rents and Security Agreement. and Assignment of Leases and Rents dated July 6,
2011 from Regions Bank, an Alabama banking corporation, recorded on July 13, 2011 in Book
3023, Pages 956-960 in the office of the Register of Deeds of Alamance County, North Carolina.
The original Deed of Trust, Assignment of Leases and Rents and Security Agreement ,
(hereinafter called the "Deed of Trust") that was assigned to the Grantee was dated July 6, 2011,
from Alamance Crossing CMEBS, LLC, a Delaware limited liability company, to First American
Title Insurance Company, as trustee, for the benefit of Regions Bank, as recorded July 7, 2011,
in Book 3022, Page 800-832, in the office of the Register of Deeds of Alamance County, North
Carolina. Grantee hereby consents to the foregoing Conservation Declaration and agrees that the
lien of the Deed of Trust shall be subject and subordinate to the Conservation Declaration.
Guggenheim Life & Annuity Company,
a Delaware life insurance company
By: pl�--�
Printed Name: L) A.4-rvt-116
Title: C-z> -D
STATE
• A�
COUNTY OF
I certify that the following person personally appeared before me this day and acknowledged to
me that he/she, as representative of Guggenheim Life & Annuity Company voluntarily signed
the foregoing document for the purpose stated therein and in the capacity indicated:
JAM -oS a). :3?u(evi-5 * _ (name of person signing)
Date: ,� /� /o�p //
(Notary Seal)
Notar P
CAROL M. LAMEY
Print N Marion County
My Commission Expires
November 21, 2017
My Commission Edxpn 1
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