20110720 Ver 4_Mitigation Bank Info_20120926

LETTER'OF TRANSMITTAL
909 Capability Drive, Suite 3100
10055 Red Run Boulevard, Suite 130
604 Greene Street, Suite 100
137'/: Main Street, Suite 210
TO: DWQ- Wetland & Stormwater
Branch
1650 Mail Service Center
Raleigh, NC 27699
ATTN: Katie Merritt
Raleigh, NC 27606
919- 829 -9909 — PH
Owings Mills, MD 21117
410- 356 -5159 — PH
Camden, SC 29020
803 - 4324890 — PH
Oak Hill, WV 25901
304 - 4654300 — PH
DATE: September 25, 2012
RE: Ezell Site Documents
1►- ©1AZV3
919 - 829 -9913 — FAX
410 - 356 -5822 — FAX
410 - 356 -5822 — FAX
304465 -4302 — FAX
We are sending via: ❑ Overnight 0 Regular Mail ❑ Pick -Up ❑ Hand Delivered
The following items: ❑ Correspondence ❑ Plans ❑ Specifications 0 Other as listed below:
COPIES
DATE
NO.
DESCRIPTION
1
9/25/12
Ezell Site Conservation Easement
1
9/25/12
Ezell Site Plat
1
9/25/12
Ezell Site Title Insurance
SEP
DEN
These are transmitted as checked below:
❑ For Approval ❑ As Requested
. For Your Use ❑ For Review and Comment
REMARKS:
❑ Approved as Submitted ❑ Returned for Corrections
❑ Approved as Noted ❑ For Your Signature
Please find included the documents for the Ezell Site DWQ Project Number 2011 -0720 V3.
Thank you,
Cara Nelson
COPY TO: Tommy Cousins
SIGNED:

PREPARED BY AND RETURN TO:
Ashley L. Warner
PO Drawer 1475
Kinston, NC 28503 -1475
STATE OF NORTH CAROLINA
COUNTY OF GRANVILLE
[§@120W12
SEP 2 6 2012
Doc YD' 0028a0990011 Type: 0RP
Recorded: 08/20/2012 at 08.34:19 PM
Fee Amt: $28.00 Page 1 of 11
Excise Tax: X0.00
Granville county, W
Kathy M. Adcock Pm of Deeds
w1438402-312
PERMANENT CONSERVATION
EASEMENT
THIS CONSERVATION EASEMENT ( "Conservation Easement') made this 16'b day of August,
2012, by and between JAMES DOUGLAS FZELJ , Divorced, and being the same person as Doug
Ezzell and James D. Ezzell, of 1641 HWY 96, Franklinton, NC 27525 ( "Grantor") and NORTH
CAROLINA WILDLIFE HABITAT FOUNDATION, a Non -Profit North Carolina Corporation with
its principal office located at 300 North Greens Street, Greensboro, NC 27429 ( "Grantee'). 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.
RECITALS AND DECLARATIONS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Granville
County, North Carolina and being more particularly described in Exhibit A attached hereto and
incorporated herein (hereinafter referred to as the "Property");
WHEREAS, Grantee is a nonprofit corporation whose purpose is the conservation of property, and is
qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121 -35;
WHEREAS, the purpose of this Conservation Easement is to create and maintain riparian resources
and other natural values on a portion of the Property, consisting of approximately 27.02 acres and
being more particularly described in Exhibit B (hereinafter referred to as the "Conservation Easement
Property"), and prevent the use or development of the Conservation Easement Property for any
purpose or in any manner that would be in conflict with the creation and maintenance of the
Conservation Easement Property in accordance with this Conservation Easement. The creation,
restoration and preservation of the Conservation Easement Property is a condition of the approval of
the inclusion of the Conservation Easement Property in the `Ezell Bank Site Proposed Neuse

Riparian Buffer & Nutrient Mitigation Site, Granville County, NC, Bank Parcel Development
Package" dated July 23, 2012 ("Ezell Bank Site') which was approved by the North Carolina
Department of Environment and Natural Resources — Division of Water Quality ("DWQ'), and this
Conservation Easement may therefore be enforced by the State of North Carolina
WHEREAS, the preservation of the Conservation Easement Property is required by The EBX Neuse
Riparian Buffer and Nutrient Offset Umbrella Mitigation Bank Instrument, made and entered into by
and between EBX Neuse I, LLC, acting as the Bank Sponsor, and the North Carolina Department of
Environment and Natural Resources - Division of Water Quality ( "DWQ "j. The Ezell Bank Site is
intended to be used to compensate for unavoidable riparian buffer and nutrient impacts.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein
and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its
heirs, successors and assigns, forever and in perpetuity a conservation easement over the
Conservation Easement Property, of the nature and character and to the extent hereinafter set forth,
over a portion of the Property, together with the right to create, preserve and protect the conservation
values thereof as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross,
runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives,
heirs, successors and assigns, lessees, agents and licensees.
ARTICLE 11.
PROHIBITED AND RESTRICTED ACTIVYMS
Any activity on, or use o& the Conservation Easement Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Property shall be created and
preserved in its created and natural condition and restricted from any development that would impair
or interfere with the conservation values of the Conservation Easement Property.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Conservation Easement Property or any introduction of non-native
plants and 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 Conservation Easement Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and commercial activities,
including any right of passage for such purposes is prohibited.

D. Agricult=L Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Property are prohibited
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of
trees, shrubs, or other vegetation on the Conservation Easement Property.
Roads and Trails. There shall be no construction of roads, trails or walkways on the
Conservation Easement Property; nor enlargement or modification to existing roads, trails or
walkways.
G. SIB e. No signs shall be permitted on or over the Conservation Easement Property, except
the posting of no trespassing signs, signs identifying the conservation values of the
Conservation Easement Property, signs giving directions or proscribing rules and regulations
for the use of the Conservation Easement Property and signs identifying the Grantor as owner
of the Conservation Easement Property.
H. RMinst 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 above ground storage tanks or other materials on the
Conservation Easement Property is prohibited.
L Excavation. Dredg_uig 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 Conservation
Easement Property, except to restore natural topography or drainage patterns.
J. Water Ouslity 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 Conservation Easement
Property by any means, removal of wetlands, polluting or discharging into waters, springs,
seeps, or wetlands, or use of pesticide or biocides is prohibited.
K Develo merit ' ,hts. No development rights that have been encumbered or extinguished by
this Conservation Easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. V cles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt bikes, all- terrain vehicles, cars and trucks is prohibited above, on or over the
Conservation Easement Property.
M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Property
which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Property substantially in its natural or created condition, or the
protection of its environmental systems, is prohibited.

ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself his personal representatives, heirs, successors or assigns,
the right to continue the use of the property for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement
Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation
Easement Property, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of and shall specifically reference, this Conservation Easement
Notwithstanding the foregoing restrictions, Grantor reserves for EBX Neuse I, LLC, as Bank
Sponsor, its successors and assigns, (i) the right to construct, monitor and maintain a mitigation bank
on the Conservation Easement Property and (ii) the right to any and all mitigation credits derived
from the Conservation Easement Property .
ARTICLE IV
GRANTEE'S RIGHTS
A. h rr , Egress, and Regress: The Grantee, its employees and agents, successors and assigns,
shall have a perpetual right of general ingress, egress and regress over the Property at
reasonable times to undertake any activities to create, restore, manage, maintain, enhance and
monitor the wetland and riparian resources of the Conservation Easement Property in
accordance with restoration activities or a long -term management plan. Unless otherwise
specified in this Conservation Easement, the rights granted herein do not include or establish
for the public any access rights.
B. Right to Imect Observe and Study The Grantee or its authorized representatives,
successors and assigns shall have the right to enter the Conservation Easement Property at all
reasonable times for the purpose of inspecting the Conservation Easement Property to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee shall also have the right to enter and go upon the Conservation
Easement Property for purposes of making scientific or educational observations and studies,
and taking samples. The easement rights granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on
or use of the Conservation Easement Property that is inconsistent with the purposes of this
Conservation Easement and to require the restoration of such areas or features of the
Conservation Easement Property that may be damaged by such activity or use. Upon any
breach of the terms of this Conservation Easement by Grantor that comes to the attention of
the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall
have 30 days after receipt of such notice to correct the conditions constituting such breach. If
the breach remains uncured after 30 days, the Grantee may enforce this Conservation
Easement by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to
obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the

term of this Conservation Easement is or would irreversibly or otherwise materially impair
the benefits to be derived from this Conservation Easement. The Grantor and Grantee
acknowledge that under such circumstances damage to the Grantee would be irreparable and
remedies at law will be inadequate. The rights and remedies of the Grantee provided
hereunder shall be in addition to, and not in lieu of all other rights and remedies available to
Grantee in connection with this Conservation Easement. The costs of a breach, correction or
restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid
by Grantor, provided Grantor is determined to be responsible for the breach.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
affect the right to Grantee to enforce the some in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Conservation Easement
Property resulting from causes beyond the Grantor's control, including, without limitation,
fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to life, damage to property or harm to the
Conservation Easement Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Wairanty. Grantor warrants, covenants and represents that he owns the Conservation
Easement Property in fee simple, and that Grantor owns either all interests in the
Conservation Easement Property which may be impaired by the granting of this Conservation
Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other
interests in the Conservation Easement Property which have not been expressly subordinated
to this Conservation Easement Grantor huther warrants that Grantee shall have the use of
and enjoy all the benefits derived from and arising out of this Conservation Easement, and
that Grantor will warrant and defend title to the Conservation Easement Property against the
claims of all persons.
B. Subsequent Transfer. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of
the Conservation Easement Property. The Grantor agrees to provide written notice of such
transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee
agree that the terms of this Conservation Easement shall survive any merger of the fee and
easement interests in the Conservation Easement Property or any portion thereof. Grantor
shall not subdivide any Conservation Easement Property without prior, written approval from
Grantee.
C. AssiggMent. The parties recognize and agree that the benefits of this Conservation Easement
are in gross and assignable provided, however, that the Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservation Easement, the organization receiving
the interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of

the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue
in perpetuity the conservation purposes described in this document
D. Entire &MMent and Severability. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the
remainder shall continue in full force and effect
E. Obliptions of Owngft. Grantor is responsible for any real estate taxes, assessments, fees,
or charges levied upon the Conservation Easement Property. Grantor shall keep the
Conservation Easement Property free of any liens or other encumbrances for obligations
incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind
related to the ownership, operation, insurance, upkeep, or maintenance of the Conservation
Easement Property, except as expressly provided herein. Nothing herein shall relieve the
Grantor of the obligation to comply with federal, state or local laws, regulations and permits
that may apply to the exercise of the Reserved Rights.
F. ExdMishoax . In the event that changed conditions render impossible the continued use of
the Conservation Easement Property for the conservation purposes, this Conservation
Easement may only be extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain: Whenever all or part of the Conservation Easement Property is taken in the
exercise of eminent domain so as to substantially abrogate the restrictions imposed by this
Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of
such taking to recover the full value of the taking, and all incidental and direct damages due
to the taking.
H. Pracceds: This Conservation Easement constitutes a real property interest immediately vested
in Grantee. In the event that all or a portion of this Conservation Easement Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of
eminent domain, Grantee shall be entitled to the fair market value of this Conservation
Easement The parties stipulate that the fair market value of this Conservation Easement shall
be determined by multiplying the fair market value of the Property that is unencumbered by
this Conservation Easement (minus any increase in value after the date of this grant
attributable to improvements) by the ratio of the value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation
Easement) at the time of this grant The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner
consistent with the purposes of this Conservation Easement
I. at on Any notice, request for approval, or other communication required under this
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice pursuant to this
paragMh)

To Grantor:
James Douglas Ezell
1641 HWY 96
Franklinton, NC 27525
To Grantee:
North Carolina Wildlife Habitat Foundation
300 North Greens Street,
Greensboro, NC 27429
L Failure of Grantee. If, at any time, Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of
time after the occurrence of one of these events Grantee fails to make an assignment pursuant
to this Conservation Easement, then the Grantee's interest shall become vested in another
qualified grantee in accordance with an appropriate proceeding in a court of competent
jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a writing signed by
all parties hereto, and provided such amendment does not affect the qualification of this
Conservation Easement or the status of the Grantee under any applicable laws, and is
consistent with the conservation purposes of this Conservation Easement.
L. Present Condition of the Property; The wetlands, scenic, resource, environmental, and other
natural characteristics of the Conservation Easement Property, and its current use and state of
improvement, are as described in the Ezell Bank Site and said Ezell Bank Site is
acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof
Both Grantor and Grantee have copies of this report. It will be used by the parties to assure
that any future changes in the use of the Conservation Easement Property will be consistent
with the terms of this Conservation Easement. However, this report is not intended to
preclude the use of other evidence to establish the present condition of the Conservation
Easement Property if there is a controversy over its use.
TO HAVE AND TO HOLD the aforesaid rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year fm
above written.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

(SEAL)
J UGLAS EZELL, Divorced, and
being the same person as Doug Ezzell and
James D. Ezzell.
NORTH CAROLINA
COUNTY
1, C a Notary Public in and for the County and State aforesaid, do
hereby ce ify that JAMES DOUGLAS EZELL, Divorced, Grantor, personally appeared before me this
day and Icknowledged the due execution of the foregoing instrument and certified that he is the same
person as Doug Ezzell and James D. Ezzell.
IN W ESS WHEREOF, I have hereunto set my hand and Notary Seal this the
2012.
Notary Public ,S�S.r�,i
•oe..�o.� 1Ij
�• �G T,q'p .�
�0 0
�z. G
My commission expires: / 3 , �Q %—sw ",'���.� a LtG; G
` iii C •...••� ��
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
A? day of

IN TESTIMONY WHEREOF, the Grantee has caused this instrument to be signed by its
u Y ,e it and its seal duly affixed, all by authority given, the day and year
first above written.
NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC.
1-I c
BY: vu-rT� � •-�
NORTH CAROLINA
COUNTY OF 61 � o
1, 1`• f , a Not Pu lic 'n and for the County and State aforesaid, do
hereby certify that & /` , Grantee, personally appeared
before me this day and acknowledged that he/she is the CUAJO of North
Carolina Wildlife Habitat Foundation, Inc., a North Carolina non - profit corporation, being authorized to
do so, executed the foregoing on behalf of the corporation.
IN W S WHEREOF, I have hereunto set my hand and Notary Seal this the f� day of
&A AVJ 2012.
Notary
Notary public. North Carolina
Davidson County
My ommission Ex es
My commission expires;

EXHIBIT A
66propwl
Tract One. 9.771 Acres, more or less, as described in Deed recorded in Deed Book 251, Page 614,
Granville County Registry and also being Lot 1 -A as shown on map attached to Deed recorded in Deed
Book 251, Page 614, Granville County Registry. '
Tract Two: 54.37 Acres, more or less, as described in Deed recorded in Deed Book 246, Page 704, and
Deed Book 887, Page 947, Granville County Registry, and also being Lot 2A as shown on map filed in
Plat Book 28, Page 31, Granville County Registry.
Tract Three: 9.7701 Acres, more or less, as described in Deed recorded in Deed Book 940, Page 478, and
Deed of Correction recorded in Book 1437, Page 852, Granville County Registry and being the same
property as shown on map registered in Plat Book 28, Page 31, Granville County Registry.
Tract Four. 14.508 Acres, more or less, as described in Deed recorded in Deed Book 993, Page 549,
Granville County Registry.

08/'23/2012
Ashley L. Warner
Pent', Party and Pony, Attorneys
518 Plaza Boulevard
PO Box 1475
Kinston, NC 28503
Investors Title Insurance Company
313 West Second St.
Greenville, NC 27834
Tel. [phone] (252)758 -5745
/Fax [phone] (252)758 -6919
Q6QOMQ
SEP 2 6 2012
RE: North Carolina W kUh Habitat Foundation, a Non-profit North Carolina Corporation
2202 acres (Conservation Easement)
NC
(a) Mortgagee Policy Information:
Policy No. 2012016140V
Coverage $0.00
Name
Mail Mortgagee Policy To:
(b) Owner Policy Inbrmagon:
Policy No.
201201614GV
Coverage
$210,820.00
Name
NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, A NON - PROFIT NORTH
CAROLINA CORPORATION
Mail Owner's Policy To:
EBX Neuse 1, LLC
P 0 Drawer 1475
Kinston NC 28501 -1475
Off of Hw 98
NC
Page 1

Cir,Investors We Company
O'WNER'S POLICY OF TITTLE INSURANCE
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND
THE CONDITiONS. INVESTORS TITLE INSURANCE COMPANY, a North Carolina corporation (the "Company") Insures, as of Date
of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the
Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2 Any defect in or lien or encumbrance on the Title. This Covered Risk includes but Is not limited to insurance against loss
from
(a) A defect In the Title caused by
(1) forgery, fraud, undue influence, duress, incompetency, Incapacity, or impersonation;
(iq failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by haw;
(v) a document executed under a falsified, expired, or otherwise Invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that world be disclosed
by an accurate and complete land survey of the Land. The term "encroachment" Includes encroachments of existing
Improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements
located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (Including those relating to building
and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
If a notice, describing any part of the Land, Is recorded in the Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to In that notice.
(continued on back Awe!)
IN WITNESS WHEREOF, Investors Title Insurance Company has caused this Policy to be signed and sealed, to be valid when
Schedule A Is countersigned by an authorized officer or agent of the Company.
The use of tht Form is mdrkted to ut
AMERICAN ALTA eEensees and ALTA members
LAND TIT LE In good s,.,ry,,,. �. 0} irle �e 0 }�
Asmeunaa use. All other uses are prohibited. SEAL
Reprbded under sceIm from the y 1972 X1 President
ti Anted= Land Title Association. y
Cepyrigbt 2066.2009 American Land Title AawMen. U'aa 4—t4�-�
AD dghta reserved. "ury
F= Na 109.06 -J p4m. 3r4M ALTA Owner's Policy (06 -17 -06)

INVESTORS TITLE INSURANCE COMPANY
P.O. Drawer 2687
Chapel Hill, North Carolina 27515 -2687
OWNER'S POLICY OF TITLE INSURANCE
(06- 17 -06)
This Policy is not complete without appropriate Schedules and corresponding Jacket unless otherwise agreed in writing.
SCHEDULE A
Policy Number: 201201614GV Policy Date: 0812012012 Time: 03:32 PM
Amount of Insurance: $210,820.00 Premium: $397.60
Address Reference: OFF OF HW 96
NC
1. Name of Insured: North Carolina Wildlife Habitat Foundation, a Non - Profit
North Carolina Corporation
2. The estate or interest in the Land that is insured by this policy is:
EASEMENT ONLY
3. Title is vested in: NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, A NON - PROFIT
NORTH CAROLINA CORPORATION
4. The Land referred to in this Policy is in the State of NC County of
Granville and described as follows:
BEING ALL OF THAT PROPERTY LISTED AS THE FOLLOWING SEVEN CONSERVATION
AREAS: CONSERVATION AREA # 1, BEING 4.99 ACRES, MORE OR LESS, CONSERVATION
AREA # 2, BEING 4.84 ACRES, MORE OR LESS, CONSERVATION AREA #3, BEING 0.63
ACRES, MORE OR LESS, CONSERVATION AREA # 4, BEING 1.85 ACRES, MORE OR LESS,
CONSERVATION AREA #5, BEING 9.31 ACRES, MORE OR LESS, CONSERVATION AREA #6,
BEING 1.68 ACRES, MORE OR LESS, AND CONSERVATION AREA #7, BEING 3.72 ACRES,
MORE OR LESS, AND TOGETHER, BEING ALL SEVEN CONSERVATION AREAS, BEING 27.02
ACRES MORE OR LESS, AS SHOWN ON CONSERVATION EASEMENT PLAT ENTITLED "EZELL
PROPERTY, EBX USA, RIPARIAN BUFFER 6 NUTRIENT OFFSITE MITIGATION SITE,
BRASSFIELD TOWNSHIP, GRANVILLE COUNTY, NORTH CAROLINA" BY THE JOHN R.
MCADAMS COMPANY, INC., DATED AUGUST 27, 2012 AND OF RECORD IN PLAT BOOK 41,
PAGE 47, ET SEQ., GRANVILLE COUNTY REGISTRY, NORTH CAROLINA.
Issued through the Office of:
Investors Title Insurance Company
313 West Second St.
Greenville, NC 27834
Tel. [phone] (252)758 -5745
Fax [phone] (252)758 -6919
Awhorized Countersignature
Fonn No. 109 -06 -A
Page l

R
INVESTORS TITLE INSURANCE COMPANY
P.O. Drams 2687
Chapel Hill, North Carolina 27515 -2667
Policy No. 201201614GV
SC EDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay
costs, attorneys' fees, or expenses that arise by reason of:
I. The dower, curtesy, homestead, community property, or other statutory
marital rights, if any, of the spouse of any individual insured.
1. Taxes for the year 2012 and subsequent years, not yet due and payable.
2. Subject to matters shown on recorded Hap Book 41 at Page 36, Hap Book 41 at Page 47.
3. Easement(s) to PSNC recorded in Book 1340 at Page 352.
4. Subject to the Terms and Conditions of the Conservation Easement recorded in Book
1438, at Page 302, from James Douglas Ezell to NORTH CAROLINA WZLDLIFE HABITAT 3OMMATION,
A NON - PROFIT NORTH CAROLINA CORPORATION.
5. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the Title that would be disclosed by an accurate and complete land survey of the
Land. The tomm "encroachment" includes encroachments of existing improvements located on
the Land onto adjoining land, and encroachments onto the Land of existing improvements
located on adjoining land. Paragraph 2 (c) of the Covered Risks is hereby deleted.
NOTE: NO INSURED CLOSING PROTECTION COVERAGE PROVIDED - As to the transaction for which
this binder and/or policy is issued, the Company specifically excludes this transaction
from any closing protection services.
The Land described in Schedule A number 4 is encumbered by the following
mortgage(s), if any:
N/A
Form No. 109 -06-A page 2

CONDITIONS (Continued)
Claimant that were authorized by the Company up to the time of payment or tender
of payment and that the Company Is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
of the Co npany to the Insured under this policy, other than to make the payment
required In this subsection, still terminate, Including any liability or obligation to
defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Partin Other Than the Insured or With
The Insured Claimant.
(Q to pay or otherwise settle with other panties for or in the name of an
Insured Claimant any claim insured against under this policy. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of payment and that
the Company is obligated to pay; or
(b) to pay or otherwise settle with the Insured Claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were authorized by the Company up
to the time of payment and that the Company Is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or (0). the Company's obligations to the Insured under this policy
for the claimed loss or damage, other than the payments required to be made,
shag terminate, including any liability or obligation to defend, prosecute, or continue
any Motion.
B. DETERMINATION AND EXTENT OF UABILITY
This policy is a contract of Indemnity against actual monetary loss or damage
sustained or incurred by the Insured Claimant who has suffered loss or damage by
reason of matters Insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy
shag not exceed the lesser of
I Q the Amount of Insurance; or
hl) the difference between the value of the Title as insured and the value of
the Tile subject to the risk insured against by this policy.
(b) it the Company pursues its rights under Section 5 of these Conditions and
Is unsuccessful In establishing the Title, as insured,
(1) the Amount of Insurance shall be increased by 10%, and
(g) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured Claimant or as
of the date it Is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also
pay those costs, attorneys' fees, and expenses incurred in accordance with Sections
5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or
encumbrance, or canes the lack of a right of access to or from the Land, or cures
the claim of Unmarketable Tile, all as insured, In a reasonably diligent manner by
any method, including litigation and the completion of any appeals, it stall have fully
performed its obligations with respect to that matter and shall not be gable for any
loss or damage caused to the Insured
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no ilabl* for loss or damahge until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as Inured.
(c) The Comparry shag not be gable for loss or damage to the Insured for
liability voluntarily assumed by the Insured in settling any claim or suit without the
prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF UABILITY
All payments under this policy, except payments made for costs, attorneys' fees,
and expenses, stag reduce a Amount of Insurance by the amount of the payment.
1111ABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company p*
under any policy insuring a Mortgage to which exception is taker In Schedule 8 or
to which the insured has agreed, assumed, or taken subject or which is executed
by an Insured after Date of Policy and which Is a charge or lien on the Title, and the
amount so paid shag be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days.
13. M611TS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company stall have settled and paid a claim under this policy,
it s be subrogated and entitled to the rights of the Insured Claimant in the Titre
and all other rights and remedies in respect to the claim that the Insured Claimant
has against any person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested by the Company,
the Insured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shag permit the
Company to sue, compromise, or settle In the name of the Insured Claimant and to
use the name of the Insured Claimant in any transaction or litigation invomag these
rights and remedies.
If a payment on account of a claim does of fully carer the loss of the
Insured Claimant, the Company stall defer the exercise of its right to recover until
after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any
terms or conditions contained In those instruments that address subragatton rights.
14. ARBITRATION
Ether the Company or the Insured may demand that the clalm or controversy
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of
the American land Tide Association (°Rules'). Except as provided in the Rules, there
shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may Include, but are not limited to, any controversy or claim
between the Company and the Insured arising out of or relating to this policy, any
service in connection with its issuance or the breach of a ppoolicy provision, or to any
other controversy or claim arising of of the transaction Alc rise to this policy. All
arbitrable matters when the Amount of Insurance Is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured. AD arbttrable natters
when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only
when agreed to by both the Company and the Insured. Arbitration pursuant to this
awed rendered bye a Rules shall be Arbitrator(s)bmay be upon ntered I court off competent
Jurisdiction.
15. UABiLITY UMITEO TO THiS POUCY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, it any, attached to it by the
Company Is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy shag be construed as a whole.
(b) Any claim of loss or damage that arises of of the status of the Title or by
any aceh asserting such claim shall be restricted to this policy.
authernficstted by an authorized endorsement to Ipolicy must be ncorporated by In A and
of
this pfd►
(d) Each endorsement to this policy Issued at any throe is made a part of this
policy and is subject to all of its terms and provisions. Except as the endorsement
expressly states, it does not m modi arty of the terms and provisions of the policy,
countarty prior endorsement, p1% extend the Date of Policy, or (iv) increase the
Amount of Insurance.
16. SEVERABIUTY
In the event any provision of this policy, in whole or in part, Is held Invalid or
unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full
force and effect.
17. CHOICE OF LAW; FORUM
(a) Choke of law: The Insured acknowledges the Company has underwritten
the risks covered by this policy and determined the premium charged therefor In
reliance upon the law affecting Interests In real property and applicable to the
Interpretation, rights, remedles, or enforcement of policies of title Insurance of the
jurisdiction where the Ind is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction
where the Land is located to determine the validity of claims against the Title that
are adverse to the Insured and to Interpret and enforce the terms of this policy. In
neither can shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured
Sees of AmeriCompany r its teMtories having In a appropriate federal risdiction. within the United
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be
given to the Company under this policy must be given toe Company at Investors
Tide Insurance Company, P.O. Drawer 2687, Chapel Hill, NC 27515.2687.
Farm No. 109-06 -J (Rev. 912007) ALTA Owner's Policy (06- 17 -06)

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