20110720 Ver 4_Conservation Easement_20130508

LETTER OF TRANSMITTAL
909 Capability Drive, Suite 3100
Raleigh, NC 27606
919 -829 -9909 — PH
919 -829 -9913 — FAX
10055 Red Run Boulevard, Suite 130
Owings Mills, MD 21117
410 - 356 -5159 — PH
410 - 356 -5822 — FAX
604 Greene Street, Suite 100
Camden, SC 29020
8034324890 — PH
410 - 356 -5822 — FAX
13TH Main Street, Suite 210
Oak Hill, WV 25901
3044654300 — PH
3044654302 — FAX
TO: Division of Water Quality
DATE: May
8, 2013
1650 Mail Service Center
Raleiah. NC 27699 -1650
RE: Conservation Easement for
Hatiev Bank Site
ATTN: Katie Merritt
We are sending via: 0 Overnight Regular Mail E] Pick -Up E] Hand Delivered
The following items: ❑ Correspondence Plans E] Specifications 0 Other as listed below:
COPIES
DATE
NO.
DESCRIPTION
1
5/8/13
Conservation Easement for Hatley Bank Site
1
5/8/13
Final Plat for Hatley Bank Site
1
5/8/13
Title Insurance for Hatley Bank Site
These are transmitted as checked below:
Q For Approval ❑ As Requested
. For Your Use For Review and Comment
REMARKS:
Ej Approved as Submitted Returned for Corrections
F] Approved as Noted For Your Signature
Please find enclosed the Conservation Easement, Final Plat, and Title Insurance for the Hatley
Bank Site.
Thank you,
Cara Nelson
COPY TO: Thom Rinker
Ely Perry. Burt Rudolph
SIGNED: OA Ct PJL-

r'vJo
T* f)09A

11
b
INVESTORS TITLE INSURANCE COMPANY
1111101%. P.O. Drawer 2687
Inaosathe b) Instiud Chapel Hill, North Carolina 27515 -2687
iT, 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: 201300733GV Policy Date: 0412412013 Time: 03:25.00 PM
Amount of Insurance: $163,400.00
Premium: $168.70
Address Reference: CONSERVATION EASEMENT AREA CONSISTING OF 16.34 +/- ACRES
PERSON COUNTY, NC
1. Name of Insured: North Carolina Wildlife Habitat Foundation, Inc. a Non - Profit
North Carolina Corporation
2. The estate or interest in the Land that is insured by this policy is:
OTHER
3. Title is vested in: CONSERVATION EASMENT INTEREST ONLY VESTED IN: NORTH CAROLINA
WILDLIFE HABITAT FOUNDATION, INC. A NON - PROFIT NORTH CAROLINA CORPORATION
4. The Land referred to in this Policy is in the State of NC County of Person
and described as follows:
BEING ALL OF THAT CONSERVATION EASEMENT AREA, CONSISTING OF 16.34 ACRES,
MORE OR LESS,AND ALSO BEING DESIGNATED AREA # 2, BEING 8.14 ACRES, MORE OR
LESS, AREA # 3, BEING 5.75 ACRES, MORE OR LESS, AND AREA #4, BEING 2.45 ACRES,
MORE OR LESS, AS SHOWN ON EASEMENT PLAT ENTITLED "HATLEY WETLAND MITIGATION
SITE FLAT RIVER TOWNSHIP PERSON COUNTY NORTH CAROLINA" BY THE JOHN R. MCADAMS
COMPANY, INC., SURVEYOR RONALD T. FREDERICK, PLS L -4720, DATED MARCH 14TH, 2013
AND BEING THE SAME PLAT OF RECORD IN PLAT CABINET 16, PAGE 405 -408 ET SEQ.,
PERSON 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
Authorized Countersignature
Form No. 109-06-A
MAY 1 0 2013
Page I

0
A
INVESTORS TITLE INSURANCE COMPANY
P.O. Drawer 2687
Chapel Hill, North Carolina 27515 -2687
Policy No. 201300733GV
SCHEDULE 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 2013 and subsequent years, not yet due and payable.
2. Subject to matters shown on Plat Cabinet 16, Slide 405 -408.
3. Subject to matters shown on recorded Map Book 92 at Page 105.
4. Easement(s) to Piedmont Electric Membership Corporation recorded in Book 303 at Page
202; Book 291 at Page 201; Book 135 at Page 224, Book 203 at Page 45; and Book 224 at Page
545.
5. Secondary Road Right(s) of way to NCDOT, recorded in Book 446 at Page 737.
6. Subject to matters shown on recorded Map Book 16 at Page 163.
8. Rights of others for ingress and egress purposes in and to the use of Farm Road and 20
foot easement located on the Land.
9. Right(s) of way to Piedmont Electric Membership Corporation, recorded in Book 303 at
Page 168 and Book 135 at Page 89.
10. Right(s) of way to NC State Highway Commission, recorded in Book 108 at Page 95.
11. Any inaccuracy in the area, square footage, or acreage of Land described in Schedule A
or attached plat, if any. The Company does not insure the area, square footage, or acreage
of the Land.
12. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
Form No. 109 -06-A Page 2

INVESTORS TITLE INSURANCE COMPANY
P.O. Drawer 2687
Chapel Hill, North Carolina 27515 -2687
Policy No. 201300733GV
the Title that would be disclosed by an accurate and cogplete 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. 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 3

Inno�atiNc h) Instinct
05/04/2013
Ashley L. Warner
Perry, Perry and Perry, 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
RE: North Carolina Wildlife Habitat Foundation, Inc. a Non -Profit North Carolina Corporation
Conservation Easment Area Consisting of 16.34 +/- Acres, Area #2 8.14 +/- acre, Area #3 5.75 +/- acre and Area
#4 2.45 +/- acre
Person County, NC
(a) Mortgagee Policy Information:
Policy No. 201300733GV
Coverage $0.00
Name N/A
Mail Mortgagee Policy To: N/A
(b) Owner Policy Information:
Policy No.
Coverage
Name
Mail Owner's Policy To:
201300733GV
$163,400.00
NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC. A NON - PROFIT
NORTH CAROLINA CORPORATION
Ashley Warner
EBX -Neuse 1, LLC
518 Plaza Boulevard
Kinston, NC 28501
Page I

0o 53 / 4/24/2013
BLED
Person Countv
Russeh Jones
Tax Administrator
3:31 PM
land Apr 24, 2013
#21200
state Of North Caretina
Person Co mfg
Red E � e�Exciee Tax
PREPARED BY AND RETURN TO:
Ashley L. Warner
PO Drawer 1475
Kinston, NC 28503 -1475
STATE OF NORTH CAROLINA
COUNTY OF PERSON
FILED in PERSON Countyy,, �NC
on A 24 2013 at 03:294 PM
E iANDA WF CAE RETT
9.0 s
ni
Tax Stamps: $212.00
PERMANENT CONSERVATION
EASEMENT
THIS CONSERVATION EASEMENT ( "Conservation Easement') made this -= day of April,
2013, by and between PAUL G. HATLEY and wife, BARBARA P. HATLEY, also known as
BARBARA A. HATLEY, whose current address is at 888 John Rogers Road, Hurdle Mills, NC
27541 ( "Grantor') and NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC. 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 Person
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 16.34 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

sac 837 PAGE 437 341155
the inclusion of the Conservation Easement Property in the "Hatley Bank Site Proposed Neuse
Riparian Buffer & Nutrient Mitigation Site, Person County, NC, Bank Parcel Development Package"
dated October, 2012 ( "Hatley 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; and
WHEREAS, the preservation of the Conservation Easement Property is required by the Upper Neuse
Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument, made and entered into
by and between Environmental Banc & Exchange, LLC, acting as the Bank Sponsor, and the North
Carolina Department of Environment and Natural Resources- Division of Water Quality ("DWQ'").
The Hatley 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 II.
PROHIBITED AND RESTRICTED ACTIVITIES
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 ofNatural 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.

BOOK 837 PAGE 938 397795
C. Industrial Commercial and Residential Use. Industrial, residential and commercial activities,
including any right of passage for such purposes is prohibited.
D. Agricultural. Grazin g 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.
F. 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. Siggage. 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. 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 above ground storage tanks or other materials on the
Conservation Easement Property is prohibited.
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 Conservation
Easement Property, except to restore natural topography or drainage patterns.
I 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 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 prolbited.
K. Development Rigigi-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. Vehicles. 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 other than for temporary or occasional access for purposes
of maintaining the easement area.
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

on 837 PAGE 439 347755
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 themselves, their 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 Environmental Banc & Exchange,
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. Ind, and Regress: The Grantee, its employees and agents, successors and assigns,
and the DWQ 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. Night to IMect. Observe and Study. The Grantee or its authorized representatives,
successors and assigns and the DWQ 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

W 837 PAGE 410 347755
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. DWQ shall have
all the same rights and privileges as Grantee to enforce the terms and agreements contained
within this Conservation Easement.
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 same 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. Wa a . Grantor warrants, covenants and represents that they own 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 further 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 to Grantee
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

BOOK 831 PAGE 441341155
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 DWQ.
C. Assignment: 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 Agreement and Severabilitv._ 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 contimie in full force and effect.
E. Obligations of Ownership. 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. Extinggishment 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. Proceeds: 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

BOOK 831 PAGE 992 341155
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.
Notification. 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
paragraph)
To Grantor:
Paul G Hatley and wife, Barbara P Hatley
888 John Rogers Road
Hurdle Mills, NC 27541
Tom
North Carolina Wildlife Habitat Foundation, Inc.
300 North Greens Street,
Greensboro, NC 27429
DWO:
Wetlands, Buffers, Stormwater Compliance and Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
J. Failure of Grantee. X 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 P=erty. 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 Hatley Bank Site and said Hatley 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 casements perpetually unto Grantee for the
aforesaid purposes.

BOOK 831 PAGE 443 391155
IN TESTIMONY WHEREOF, the Grantor has hereunto set their hands and seals, the day and year
fast above written.
f �Lk & (SEAL)
Paul G. Hatley
iiU 4,. 10 (SEAL)
Barbara P. Hatley
NORTH CAROLINA
COUNTY OF Lep o it
I, ear 16h S 44 coo /e4 , a Notary Public in and for the County and State aforesaid, do
hereby certify that PAUL G. HATLEY and wife, BARBARA P. HATLEY, aka Barbara A. Hatley,
Grantor, personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 2Z A d day of April, 2013.
Notary Public
BURTON S RUDOLPH
Notary Public, North Carolina
My commission expires: �Z� 8 �lp Lenoir County
My Commission Expires
December 18. 2016

0
BOOK 831 PAGE 444 391155
IN TESTIMONY WHEREOF, the Grantee has caused this instrument to be signed by its
4RO-CZ�tAi-E-r' and its seal duly affixed, all by authority given, the day and year
first above written.
NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC.
� �
BY: ' V r t
NORTH CAROLINA
COUNTY JIUL
A Ll
I, 211 — . , a Notary Public in 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 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 WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the A day of April, 2013.
KELLY F. PERRYMAN
Notary Public. North Carolina
Davidson County
My Co rgmlgsion Expy es
My commission expires: _��•p? /
Document shows proof /acknowledgement before
Officer authorbed to take proof /acknowledgement;
Bement includes officers signature,
4!E issl n�` piration date,official seal, ff required.
G�ett, Person County Register of Deeds

WOK 831 PAGE 445 341155
E)1IIBIT A
TO CONSERVATION EASEMENT from PAUL G. HATLEY and wife, BARBARA P. HATLEY, to
NORTH CAROLINA WIWLIFE HABITAT FOUNDATION, INC,
dated the 1,2 day of April, 2013.
"mealy"
BEING ALL that property situated in Flat River Township, Person County, North Carolina and consisting
of Area 1 and Area 2 described below:
Area 1: Being all that 90 acres, more or less, conveyed to Paul G Hatley and wife, Barbara P Hatley by
deed dated the 11 fe day of February, 2009, and recorded on the 17'b day of February, 2009, in Book 703,
Page 673, Person County registry. Being the same property shown on plat of survey entitled
"PROPERTY OF C.W. BOYETTE" surveyed by Phillip J. Hall, RLS -1378, dated September of 1977,
and of record in Plat Book 23, Page 14, Person County Registry. Said deed and map are herein
incorporated by reference for a more perfect and accurate description.
Area 2: Being all that 117 acres, more or less, conveyed to Paul G Hatley and wife, Barbara Hatley, by
deed dated the 27t° day of May, 1974, and recorded on the 28s' day of May, 1974, in Book 134, Page 170,
Person County registry. Said 117 acres includes that 6.55 acres originally deeded to the Town of
Hillsborough in Book 286, Page 745, see Correction Deeds in Book 812, Page 184 and Book 83-4; Page
4o-5 , then deeded from Town of Hillsborough to EBX -Neese I, LLC in Book 812, Page 190, see Deed
of Correction in BookjL-±, Page '-cam_, and finally deeded back to Paul G. Hatley and wife, Barbara
Hatley in Book S—+ , Page `119 , all of Person County Registry. Said deeds and map are herein
incorporated by reference for a more perfect and accurate description.
LESS AND EXCEPTED from Area 2 above that 1.18 acres, more or less, deeded to Jason Paul Hatley by
deed recorded in Book 286, Page 328, Person County Registry.

60 837 PAGE 446 3477M
TO CONSERVATION EASEMENT from PAUL G HATLEY and wife, BARBARA P. HATLEY, to
NORTH CAROLINA E HABITAT FOUNDATION, INC,
dated the y of April, 2013.
"Conservation Easement Property"
BEING all of that Conservation Easement Area, consisting of 16.34 acres, more or less, and being
designated Area # 2, being 8.14 acres, more or less, Area # 3, being 5.75 acres, more or less, and
Area #4, being 2.45 acres, more or less, as shown on Easement Plat entitled "HATLEY WETLAND
MITIGATION SITE FLAT RIVER TOWNSHIP PERSON COUNTY NORTH CAROLINA" by
The John R. McAdams Company, Inc., Surveyor Ro ld T. Frederick, PLS L -4720, dated March
14th, 2013 and being the same plat of record in Plat C66i 16, Page t405et Seq., Person
County Registry, North Carolina. `RU

Ooagnt k .4/2442013 �11�� RlW
Priori Eounty
Russell Jones
Tan Administrator
3:23 PM
Laud Apr 24, 2013
#o.00
State Of North Carofau
Person Couetg
Rol E ���us ax
T
Prepared by and mail to:
Ashley L. Warner, Attorney
P.O. Drawer 1475, Kinston, NC 28503 -1475
NORTH CAROLINA
PERSON COUNTY
FILED in PERSON Countyy,, NC
on Apr 24 2013 at 02:4020 PM
b ANANDA N. GARRETT
: 9119 Koo
III I III loll I�IIU! II!
No title search requested of or
conducted by drafting attorney
Tax Stamps: $0.00
THIS SECOND CORRECTION DEED made and entered into this
day of April, 2013, by and between PAUL G. HATLEY and wife BARBARA P.
HATLEY, aka Barbara A Hatley, whose address is 888 John Rogers Road, Hurdle Mills,
North Carolina, 27541 -7826, hereinafter called Grantors; and THE TOWN OF
HILLSBOROUGH, a North Carolina Municipal Corporation with an address at 101 East
Orange Street, Hillsborough, NC 28501, hereinafter called Grantee.
iA &&1461611 *4111
THAT WHEREAS, said Grantors heretofore executed to Grantee a certain
Deed recorded in Book 286, at Page 745 and Correction Deed recorded in Book 812,
Page 184, both of Person County Registry; and
WHEREAS, by mutual mistake said Deed and Correction Deed

88 837 PAGE 406 347737
contained an error in the description of the land hereby intended to be conveyed in that
the plat reference was incorrect and the easement reserved was reserved for Grantors not
Grantees; and
WHEREAS, the Army Permit referenced in the former Deed and
Correction Deed has since been released as evidenced by Release registered in Book 812,
Page 188, Person County Registry; and
WHEREAS, said Grantee has requested said Grantors to correct said
errors and said Grantors have agreed to do so; and
WHEREAS, the correct description intended to be inserted in said former
Deed and Correction Deed is that hereinafter set out.
NOW THEREFORE, for and in consideration of TEN DOLLARS
($10.00) and other valuable considerations paid to the said Grantors herein, the receipt of
which is hereby acknowledged, have bargained and sold, and by these presents do grant,
bargain, sell, and convey unto the Grantee, its heirs, successors and assigns in fee simple,
all that certain tract or parcel of land located in Person County North Carolina, containing
6.55 acres more or less, and being more particularly described as follows:
Being that tract or parcel of land in Flat River Township, Person County, North
Carolina, and being all of Parcel 1, 285,518 square feet, 6.55 acres, on that plat
and survey entitled "BOUNDARY SURVEY OF HATLEY WETLAND
MITIGATION SITE FOR TOWN OF HILLSBOROUGH", surveyed by William
H McCarthy, Jr., Professional Land Surveyor, field work performed on September
29s', 2011, and recorded in Cabinet 16, Page 163, Person County Registry,
reference to which is made for a more perfect and accurate description.
Also conveyed herewith is a right of easement for purposes of ingress, egress, and
regress over and along an existing farm roadway, which farm roadway begins at
the Southern most right of way line of Terry Road (S.R. 118 1) at or near its
intersection with the Eastern property line of lands of C.W. Boyette and meanders
in a Southerly and Southeasterly direction over and across lands of the Grantors to
the Northwestern boundary of the above described parcel of land. Said access

BOOK 837 PAGE 407 347737
easement shall be 20 feet in width and shall extend for a distance of 10 feet on
each side of the centerline of said existing farm roadway. Said right of easement
shall be an exclusive right of easement limited in use to the Grantee, its
successors and assigns and their duly authorized agents and representatives, and
the use of the Grantors. Said access easement shall not be nor become a public
easement and the use thereof shall be strictly construed. The grantee shall have
the right to construct and maintain an access roadway over the easement hereby
granted; however, said roadway shall not be paved or otherwise hard surfaced.
The Grantors do expressly reserve unto themselves, their heirs and assigns, the
perpetual right of ingress and egress over and across all or any portion of the
premises hereby conveyed; however, the Grantors shall not create any roadways
or trail -ways or otherwise disturb the natural state of said properties.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all
privileges and appurtenances, thereto belonging to the said Grantee, its heirs, successors
and assigns in fee simple forever.
And the Grantors, for themselves, their heirs and assigns, covenant with
the Grantee, its heirs, successors and assigns, that they are seized of said premises in fee
and have the right to convey the same in fee simple; that the same are free and clear of all
encumbrances, except as above set forth; and that they will warrant and defend the said
title to the same against the lawful claims of all persons whomsoever.
Remainder of Page Intentionally Left Blank

BOOK 831 PAGE 908 391131
IN TESTIMONY WHEREOF, the Grantors have hereunto set their hands and
seals, the day and year first above written.
PO4.,A-)d A)01� (SEAL)
Paul G. Hatley
EAL)
Barbara P. Hatley
STATE OF NORTH CAROLINA
COUNTY OF�Q�Sph
1, j %VL, a Notary Public for said County and State,
do hereby certify thaO PAUL G. HATLEY and wife, BARBARA P. HATLEY, aka
Barbara A Hatley, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official seal, this the _U� day ofa ,
2013. GILL
Notary Public
My Commission Expires: to JJD Il `••.•`PQ� KR s
TAgy
" 0 COVE
Remainder of Page Intentionally Left Blank

BOOK 831 PAGE 409 391131
IN AGREEMENT WHEREOF, the Grantee has hereunto set its hand and seal, or
if corporate, has caused this instrument to be signed in its corporate name by its duly
authorized officer(s), the day and year first above written.
THE TOWN OF HI OUGH
BY:
Tom Stevens, May r
STATE OF NORTH CAROLINA
COUNTY OF
1, JG A A . /-4tJ, , allotary Public for said County and State,
do hereby certify that Tom Stevens, Mayor of THE TOWN OF HILLSBOROUGH,
personally appeared before me this day and acknowledged that he executed the foregoing
document willingly and for the purpose stated therein and in the capacity indicated with
all due authority granted him.
Witness my hand and official seal, this the lb day of
2013.
Q,
No Public
My Commission Expires: 4/010
p'tt44,'fk
r` ot�y z
V -
E C
Document shows proof /admowledgemeK before
Officer authorized to take proof /acknowledgement;
a led6e+nerrt Includes offker'a signature,
Comm n explratton dateoffidal seal, if required.
Aman nett, person County Register of Deeds

DOM gnt R -.4-14/2013 3:24 PM
ALED
Person tounN
Russell Jones
Tax AcI ninism w
Ioouod Apr 24, 2013
#0.00
State Of North Carolm
Person County
Real E o Ta347738
Prepared by and return to:
Ashley L. Warner, Attorney
P.O. Drawer 1475, Kinston, NC 28503 -1475
NORTH CAROLINA
PERSON COUNTY
FILED in PERSON Countyy.� NC
an Apr 24 2013 at 02:4031 PM
b : ANANOA N. GARRETT
Cra V, a EWS
Tax Stamps: $0.00
DEED OF CORRECTION
THIS DEED OF CORRECTION entered into this 111 day of April, 2013, by
and between PAUL G. HATLEY and wife, BARBARA P. HATLEY, also known as
Barbara A Hatley, of 888 John Rogers Road, Hurdle Mills, North Carolina, (hereinafter
referred to as "Grantors'] and EBX -NEUSE I, LLC, a Maryland Limited Liability
Company with a place of business located at 518 Plaza Blvd., Kinston, North Carolina,
(hereinafter referred to as "Grantee " );
WITNESSETH:
WHEREAS, it was the intent of Paul G. HatIey and wife, Barbara P. Hatley, to
reserve unto themselves a certain perpetual right of ingress, egress and regress of land as
recorded in Deed Book 286, Page 745, Correction Deed recorded in Deed Book 812,
Page 184, and Second Correction Deed recorded in Deed Book SS+ Page L105 ,
Person County Registry;
WHEREAS, Paul G. Hatley and wife, Barbara P. Hatley, mistakenly referred to
themselves as "Grantee" in original Deed and first Correction Deed within the reservation
of such right of ingress and regress in above referenced deeds; and
WHEREAS, Grantors conveyed their interest in said easement by Quitclaim Deed
registered in Book 812, Page 194; and

BOOK 831 PAGE C 341138
WHEREAS, THE FIDELITY BANK joined in the original quitclaim deed as a
potential holder of an interest in above referenced easement and has since executed a
separate release deed to be registered; and
WHEREAS, the property description contained within the referenced quitclaim
deed is incorrect; and
WHEREAS, Grantee has requested said property description be corrected and
Grantor has agreed to said correction; and
WHEREAS, the correct description intended to be inserted in said former
Quitclaim Deed is that hereinafter set out.
NOW, THEREFORE, in consideration of ONE DOLLAR ($1.00) and other
valuable considerations to them paid by the Grantee, the receipt of which is hereby
acknowledged, said Grantors have remised and released and by these presents do remise,
release, and forever quitclaim unto the Grantee and its heirs and assigns any and all
interest Grantors may have, including but not limited to that perpetual right of ingress,
egress and regress as described in Deed Book 286, Page 745, Correction Deed recorded
in Deers Book 812, Page 184, and Second Correction Deed recorded in Book 55'+
Page Person County Registry, in the following property:
Being that tract or parcel of land in Flat River Township, Person County, North
Carolina, and being all of Parcel 1, 285,518 square feet, 6.55 acres, on that plat
and survey entitled `BOUNDARY SURVEY OF HATLEY WETLAND
MITIGATION SITE FOR TOWN OF HILLSBOROUGH", surveyed by William
H McCarthy, Jr., Professional Land Surveyor, field work performed on September
29, 2011, and recorded in Cabinet 16, Page 163, Person County Registry,
reference to which is made fnr a more perfect and accurate description.
NOW, THEREFORE, Grantors, for and in consideration of the sum of ONE
DOLLAR ($1.00), and other valuable considerations to them in hand paid by the Grantee,
the receipt of which is hereby acknowledged, do hereby give, grant and convey unto
Grantee, its successors and/or assigns, any and all interest in the above referenced
property including but not limited to all of Grantor's perpetual right of ingress, egress and
regress.
2

BOOK 831 PAGE 412 347138
TO HAVE AND TO HOLD the aforesaid right to the above described property,
including all of Grantors' rights of ingress, egress and regress, and all privileges and
appurtenances thereto belonging to the said Grantee, its heirs and assigns free and
discharged from all right, title, claim or interest of the said Grantors or anyone claiming
by, through or under them
This Deed of Correction and shall be binding upon Grantors, their heirs and
assigns, and shall inure to the benefit of Grantee and its successors and assigns.
IN TESTIMONY WHEREOF, the Grantors have hereunto set their hands and
seals, the day and year first above written.
J 11 (SEAL)
0, aul . Hatley
P (SEAL)
Barbara P. Hatley
STATE OF NORTH CAROLINA
COUNTY OF Rgkon
I, a Notary Public for said County and State, do
hereby certify that PAUL G. HATLEY and wife, BARBARA P. HATLEY, also known
as Barbara A Hatley, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official seal, this the JZ day of�r 1 ,
2013. n. AA 04 Y,
otary Publi
My Commission Expires: l^i
Remainder of Page Intentionally Left Blank
3
CJ
,�OTAR,, s
A U B L\G 2v;
oN COV-\���,•

BOOK 837 PAGE 913 397738
IN AGREEMENT WHEREOF, the Grantee has hereunto set its hand and seal or
if corporate, has caused the instrument to be signed in its corporate name by a duly
authorized signor, the day and year first written above.
EBX -N SE I, LLC
BY: (SEAL)
Ely J. P , III, tho ' fgnor
STATE OF NORTH CAROLINA
COUNTY
I, a Notary Public for said County and State,
do here y i that Ely J. Perry, III, personally appeared before me this day and
acknowledged that he is an authorized signor on behalf of EBX -Neuse I, LLC, a
Maryland Limited Liability Company, and that by authority duly given and as an act of
the company, he signed the forgoing instrument in its name and on its behalf as its act
and deed.
Witness my hand and offic71; day of , 2013.
blic
My Commission Expires:
R O
:
U 0\'
X73: ZCIS r
z 61.10
U
1111111t11��
4
Document shows proof /acknowledgement before
officer authorized to take proof /acknowledgement;
acknowledgement includes officer's signature,
i::m piration date,official seal, If required.
arrett, Person County Register of Deeds

D9 j q - 4/24/2023 3.'!5 PM
FRO
Person CountV
Russell Jones
TaxA"nntMor FILED in PERSON Countg. NC
on A 24 2013 of 02;40:22 PM
ANANOAA N. GARRpETT
OIg/ 8 E91�
�I IIIIIIIIIIIIIIIII�III1I1111I11
Isswd Apr 24, 2013
10.00
State Of North Carwirm
Person Courdy
Real Estate Exciea Tax
3477399
Prepared by and mail to:
Ashley L. Warner, Attorney Tax Stamps: 0.00
P.O. Drawer 1475, Kinston, NC 28503 -1475
STATE OF NORTH CAROLINA Parcel Id Number: 22990
PERSON COUNTY
DEED OF CORK ON
j �h
THIS DEED OF CORRECTION made and entered into this i�ay of April,
2013, by and between THE TOWN OF HILLSBOROUGH, a North Carolina Municipal
Corporation, 101 East Orange Street, Hillsborough, NC 28501, hereinafter called Grantor, and
EBX NEUSE 1, LLC, a Maryland Limited Liability Company, 518 Plaza Blvd., Kinston, NC
28501, hereinafter called Grantee:
WITNESSETH:
THAT WHEREAS said Grantor heretofore executed to Grantee a certain deed
dated June 18°i, 2012, and recorded in Book 812, at Page 190 in the office of the Register of
Deeds of Person County; and
WHEREAS, by mutual mistake said deed contained an error in the
description of the land hereby intended to be conveyed; and
WHEREAS, said Grantee has requested said Grantor to correct said errors and
said Grantor has agreed to do so; and
WHEREAS, the correct description intended to be inserted in said former
deed is that hereinafter set out.

831 PAGE 415 391139
NOW THEREFORE, for and in consideration of TEN DOLLARS ($10.00) and
other valuable considerations paid to the said Grantor herein, the receipt of which is hereby
acknowledged, has bargained and sold, and by these presents does grant, bargain, sell, and
convey unto the Grantee, its heirs, successors and assigns in fee simple, all that certain tract or
parcel of land located in Person County, North Carolina, containing 6.55 acres more or less, and
being more particularly described as follows:
Being that tract or parcel of land in Flat River Township, Person County, North
Carolina, and being all of Parcel 1, 285,518 square feet, 6.55 acres, on that plat and
survey entitled "BOUNDARY SURVEY OF HATLEY WETLAND MITIGATION
SITE FOR TOWN OF HILLSBOROUGH", surveyed by William H McCarthy, Jr.,
Professional Land Surveyor, dated September 29, 2011, and recorded in Cabinet 16, Page
163, Person County Registry, reference to which is made for a more perfect and accurate
description, and being the same property intended to be conveyed to the Town of
Hillsborough by deed of Paul G Hatley and wife, Barbara P Hatley, recorded December
17, 1998 in Book 286, Page 745, Person County Registry. See Deeds of Correction in
Book 812, Page 184, and BookB5% Page qOr--).
Also conveyed heretowith is Grantor's right of easement for purposes of ingress,
egress and regress over and along an existing farm roadway, which farm roadway begins
at the southern most right of way line of Terry Road (SRI 18 1) at or near its intersection
with the eastern property line of lands of C.W. Boyette and meanders in a southerly and a
southeasterly direction over and across lands of the Grantors to the northwestern
boundary of the above described parcel of land. Said easement shall be 20 feet in width
and shall extend for a distance of 10 feet on each side of the centerline of said existing
farm roadway. Said right of easement shall an exclusive right of easement limited in use
to the Grantee, its successors and assigns and their duly authorized agents and
representatives. Said access easement shall not be nor become a public easement and the
use thereof shall be strictly construed. The Grantee shall have the right to construct and
maintain an access roadway over the easement hereby granted; however, said roadway
shall not be paved or otherwise hard surfaced.
SUBJECT to 2013 year's ad valorem taxes and all easements, restrictions
and rights -of -way of record.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all
privileges and appurtenances, thereto belonging to the said Grantee, its heirs, successors and
assigns in fee simple forever.
And the Grantor, for itself, its heirs and assigns, covenants with the Grantee, its
heirs, successors and assigns, that it is seized of said premises in fee and has the right to convey
the same in fee simple; that the same are free and clear of all encumbrances, except as above set

BOOK 837 PAGE 416 397739
forth; and that it will warrant and defend the said title to the same against the lawful claims of all
persons whomsoever.
IN TESTIMONY WHEREOF, the Grantor has hereunto set its hand and seal, or
if corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officer(s), the day and year fart above written.
THE TOWN OF HILLS UGH
BY:
Tom Stevens, Ma y&
STATE OF NORTH CAROLINA
COUNTY OF 06c41 $e,
- V
1, J" & A. bo5 , a Notary Public for said County and State, do
hereby oertif�rfy that Tom Stevens, Mayor of THE TOWN OF HII LSBOROUGH, personally
appeared before me this day and acknowledged that he executed the foregoing document
willingly and for the purpose stated therein and in the capacity indicated with all due authority
granted him.
Witness my hand and official seal, this the ka day of A arii 2013.
Q.
Notary lic
...tams..
My Commission Expires: R 1'7
% i
Jv �'
-
p �OtIB�►G 0�

= 831 PAGE 917 391139
IN AGREEMENT WHEREOF, the Grantee has hereunto set its hand and seal or if
corporate, has caused the instrument to be signed in its corporate name by a duly authorized
signor, the day and year first written above.
EBX -NEUSE I,
BY: (SEAL)
Ely J. Pel Y, ly, Au rizid Signor
STATE OF NORT A
COUNVf
I,t / a Notary Public for said County and State, do
hereby certify tl at Ely J. Perry, III, personally appeared before me this day and acknowledged
that he is an authorized signor on behalf of EBX -Neuse 1, LLC, a Maryland Limited Liability
Company, and that by authority duly given and as an act of the company, he signed the forgoing
instrument in its name and on its behalf as its act and d�e/ed�
Witness my hand and official s , this the lday of 2013.
Public
My Commission Expires: I— J—C)Ol el
LE
rj+�9•:
• - vC
Cj
Document shows proof /acknowledgement before
officer authorized to take proof /acknowledgement;
9#oakAedgement includes officer's signature,
mm I expiration date,official seal, It required.
Ama a arrett, Person County Register of Deeds

Doaunvd#4 4/24/*13
JRLM
Person county
nussenlones
Tax Administrator
3:26 PM
UWW Apr 24, 2013
0.00
StatP�North mm y otter
aotl Eo34�'� te
' fa
Prepared by and mail to:
Ashley L. Warner, Attorney
P.O. Drawer 1475, Kinston, NC 28503 -1475
STATE OF NORTH CAROLINA
PERSON COUNTY
FILED in PERSON Count NC
on A Z Z013 at OZ;4 % PM
Ail S OA NF D SETT
��aeTl�
IIl IIIIIIIillllllll�lllllll it III
No title search requested of or
conducted by drafting attorney
Tax Stamps: ff
Parcel ID: 22990
DEED
THIS DEED made and entered into this day of April, 2013, by and
between EBX -NEUSE I, LLC, also known as EBX Neuse I, LLC, a Maryland Limited
Liability Company, 518 Plaza Blvd., Kinston, NC 28501, hereinafter called Grantor; and
PAUL G. HATLEY and wife, BARBARA P. HATLEY, whose address is 888 John
Rogers Road, Hurdle Mills, North Carolina, 27541 -7826, hereinafter called Grantees;
WITNESSETH:
NOW THEREFORE, for and in consideration of TEN DOLLARS
($10.00) and other valuable considerations paid to the said Grantor, the receipt of which
is hereby acknowledged, have bargained and sold, and by these presents do grant,
bargain, sell, and convey unto the Grantees, their heirs, successors and assigns in fee
simple, all that certain tract or parcel of land located in Person County North Carolina,
containing 6.55 acres more or less, and being more particularly described as follows:
Being that tract or parcel of land in Flat River Township, Person County,
North Carolina, and being all of Parcel 1, 285,518 square feet, 6.55 acres, on that
plat and survey entitled `BOUNDARY SURVEY OF HATLEY WETLAND
MITIGATION SITE FOR TOWN OF HILLSBOROUGH", surveyed by William

M 837 PAGE 919 347740
H McCarthy, Jr., Professional Land Surveyor, dated September 29, 2011, and
recorded in Cabinet 16, Page 163, Person County Registry, reference to which is
made for a more perfect and accurate description, and being the same property
intended to be conveyed to the Town of Hillsborough by deed of Paul G Hatley
and wife, Barbara P Hatley, recorded December 17, 1998 in Book 286, Page 745,
Person County Registry. See Correction Deeds in Book 812, Page 184, and Book
�, Page 405 , Person County Registry. Also being the same property
conveyed to EBX Neuse 1, LLC by deed registered in Book 812, Page 190 and
corrected by Deed of Correction registered in Book@S3 , Page 14 tc Person
County Registry.
Also conveyed heretowith is Grantor's right of easement for purposes of ingress,
egress and regress over and along an existing farm roadway, which farm roadway
begins at the southern most right of way line of Terry Road (SRI 181) at or near
its intersection with the eastern property line of lands of C.W. Boyette and
meanders in a southerly and a southeasterly direction over and across lands of the
Hatley's to the northwestern boundary of the above descnbed parcel of land. Said
easement shall be 20 feet in width and shall extend for a distance of 10 feet on
each side of the centerline of said existing farm roadway. Said right of easement
shall an exclusive right of easement limited in use to the Grantee, its successors
and assigns and their duly authorized agents and representatives. Said access
easement shall not be nor become a public easement and the use thereof shall be
strictly construed The Grantee shall have the right to construct and maintain an
access roadway over the easement hereby granted; however, said roadway shall
not be paved or otherwise hard surfaced.
SUBJECT to 2013 year's ad valorem taxes and all easements, restrictions
and rights -of -way of record.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all
Privileges and appurtenances, thereto belonging to the said Grantees, their heirs,
successors and assigns in fee simple forever.
And the Grantor, for itself, its heirs and assigns, covenants with the
Grantees, their heirs, successors and assigns, that it is seized of said premises in fee and
has the right to convey the same in fee simple; that the same are free and clear of all
encumbrances, except as above set forth; and that it will warrant and defend the said title
to the same against the lawful claims of all persons whomsoever.

BOA( 837 PAGE 920 391790
IN TESTIMONY WHEREOF, the Grantor has hereunto set its hand and
seal, or if corporate, has caused this instrument to be signed in its corporate name by its
duly authorized officer(s), the day and year first above written.
STATE OF NORTH CAROLINA
EBX NEUSE 1, LLC
BY
Ely J �thoriied Signor
COUNTY 4�that]Elyy
1, a Notary Public for said County and State,
do here y . p ersonally appeared before me this day and
acknowledged that he is an authorized signor on behalf of EBX Neuse I, LLC, a
Maryland Limited Liability Company, and that by authority duly given and as an act of
the company, he signed the forgoing instrument in its name and its behalf as its act and
deed.
Witness my hand and official he �v /da 3 o 201 .
o blic
My Commission
se
�ttttttrr►►�� �.
0 TA j 9�
O
...diOWY8,2cla
41V
�''J. CC) Ul [Ti
Expires: 1-3-"-b 9/
Document shows proof /acknowledgement before
officer authorized to take proof /admowiedgement;
?dft Bement lnch es ofNca,s signature.
comm expkatton dateofffdal seal, ff required.
LM4. Perm County Register of Deeds

BOOK 831 PAGE 419 341140
H McCarthy, Jr., Professional Land Surveyor, dated September 29, 2011, and
recorded in Cabinet 16, Page 163, Person County Registry, reference to which is
made for a more perfect and accurate description, and being the same property
intended to be conveyed to the Town of Hillsborough by deed of Paul G Hatley
and wife, Barbara P Hatley, recorded December 17, 1998 in Book 286, Page 745,
Person County Registry. See Correction Deeds in Book 812, Page 184, and Book
j3� Page Lin Person County Registry. Also being the same property
conveyed to EBX Neuse I, LLC by deed registered in Book 812, Page 190 and
corrected by Deed of Correction registered in Book83}, Page �_� Perm
County Registry .
Also conveyed heretowith is Grantor's right of easement for purposes of ingress,
egress and regress over and along an existing farm roadway, which farm roadway
begins at the southern most right of way line of Terry Road (SRI 181) at or near
its intersection with the eastern property line of lands of C.W. Boyette and
meanders in a southerly and a southeasterly direction over and across lands of the
Hatley's to the northwestern boundary of the above described parcel of land Said
easement shall be 20 feet in width and shall extend for a distance of 10 feet on
each side of the centerline of said existing farm roadway. Said right of easement
shall an exclusive right of easement limited in use to the Grantee, its successors
and assigns and their duly authorized agents and representatives. Said access
easement shall not be nor become a public easement and the use thereof shall be
strictly construed. The Grantee shall have the right to construct and maintain an
access roadway over the easement hereby granted; however, said roadway shall
not be paved or otherwise hard surfaced.
SUBJECT to 2013 year's ad valorem taxes and all easements, restrictions
and rights -of -way of record.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all
privileges and appurtenances, thereto belonging to the said Grantees, their heirs,
successors and assigns in fee simple forever.
And the Grantor, for itself, its heirs and assigns, covenants with the
Grantees, their heirs, successors and assigns, that it is seized of said premises in fee and
has the right to convey the same in fee simple; that the same are free and clear of all
encumbrances, except as above set forth; and that it will warrant and defend the said title
to the same against the lawful claims of all persons whomsoever.

BOOK 837 PAGE 420 347740
IN TESTIMONY WHEREOF, the Grantor has hereunto set its hand and
seal, or if corporate, has caused this instrument to be signed in its corporate name by its
duly authorized officer(s), the day and year first above written.
EBX NEUSE I, L
BY
Ely J II, thorized Signor
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public for said County and State,
do here y ify that Ely . Perry, III, personally appeared before me this day and
acknowledged that he is an authorized signor on behalf of EBX -Neuse I, LLC, a
Maryland Limited Liability Company, and that by authority duly given and as an act of
the company, he signed the forgoing instrument in its name and its behalf as its act and
deed.
Witness my hand and official ;h;eWda 0 2013.
lic b
My Commission Expires:
<v %IO TAR
Wi COfim, E3irp1 Z •,
Document shows proof /acknowledgement before
(� JlRgt� �� X010
officer authorized to take proof /acknowledgement;
Includes
►
k ti
A/
edgement officer's signature,
eomm :t expiration date,ofRdal seal, If required.
f3 L 1 C+ 0.
Peron County Register of Deeds
11111111111,

FILED in PERSON Countyy,, NC
on A LE 2013 of 03:23317 Ph
MANDA N. GARRETT
I ,�K
DEEDS
Ili IIUIiIIIINIIIII�iIIIUI III I�
Prepared by and mail to:
Ashley L. Warner
Attorney at Law
P.O. Drawer 1475
Kinston, NC 28503 -1475
NORTH CAROLINA
PERSON COUNTY DEED OF RELEASE
THIS DEED OF RELEASE made this 8r*day of April, 2013, by THE
FIDELITY BANK, Roxboro office whose address is 105 W. Gordon Street, Roxboro,
NC 27573, hereinafter called Grantor, and PAUL G. HATLEY and wife, BARBARA P.
HATLEY, whose address is 888 John Rogers Road, Hurdle Mills, North Carolina,
27541 -7826, hereinafter called Grantees;
WITNESSETH:
THAT WHEREAS, Grantees heretofore executed to David E. Royal,
Trustee, on behalf of THE FIEDLITY BANK, Beneficiary, a certain Deed of Trust
securing a line of credit not to exceed ONE HUNDRED FIFTY THOUSAND
DOLLARS ($150,000.00) dated the 6`" of November, 2007, and recorded in the Office of
the Register of Deeds of Person County, North Carolina in Book 656, at Page 014, to
secure a certain Note therein set out payable to the said THE FIDELITY BANK; and
WHEREAS, Grantees have requested Grantor release from the lien of said
Deed of Trust the hereinafter described property which is a part of the lands described in
said Deed of Trust, and the said Grantor has agreed to do so, it being expressly

BOOK 837 PAGE 434 347754
understood and agreed that said release shall apply only to the property hereinafter
described which are a part of the lands described in the Deed of Trust recorded in Book
656, Page 014, Person County Registry, and that the lien of said Deed of Trust shall
remain in full force and effect as to the remainder of the property thereby conveyed and
not heretofore or herein released, said property being more particularly described as
follows:
BEING all of that Conservation Easement Area, consisting of 16.34 acres, more or less, and
being designated Area # 2, being 8.14 acres, more or less, Area # 3, being 5.75 acres, more or
less, and Area #4, being 2.45 acres, more or less, as shown on Easement Plat entitled
"HATLEY WETLAND MITIGATION SITE FLAT RIVER TOWNSHIP PERSON
COUNTY NORTH CAROLINA" by The John R McAdams Company, Inc., Surveyor
Ronald T. Frederick, PLS L -4720, dated March 14th, 2013 and being the same plat of record
in Plat Page met Seq., Person County Registry, North Carolina.
NOW THEREFORE, Grantor, in consideration of TEN DOLLARS
($10.00) and other valuable considerations, the receipt of which is hereby acknowledged,
by these presents do remise, release, and forever quitclaim unto the said Grantees, any
and all rights and interests in the above described property which is a part of the property
described in the Deed of Trust recorded in Book 656, Page 014, Person County Registry.
TO HAVE AND TO HOLD the above referred to Areas with all the
privileges and appurtenances thereunto belonging to the said Grantees, free and
discharged from all right, title, claim or interest of said Grantor or anyone claiming by,
through, or under Grantor in fee simple forever.
Remainder of Page Intentionally Left Blank

00% 837 PAGE 435 347754
IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal or
if corporate, has caused the instrument to be signed in its corporate name by its duly
authorized manager, the day and year first written above
THE FIDELITY BANK
BY: F--so
PRINT: E
NORTH CAROLINA
COUNTY OF �E.RSvIJ
I, )C=rA r 9AWK=iJ5 , a Notary Public in and for the County and State
aforesaid, do hereby certify that NERVED- 'R - (fSR -F—F- 4
personally appeared before me this day and acknowledged that hetshe is the
Vzc! ` ari=se -w' of THE FIDELITY BANK, a North Carolina
corporation, being authorized to do so, executed the foregoing on behalf of the
corporation.
IN WI'T'NESS WHEREOF, I have hereunto set my hand and Notary Seal this the
S T day of A 2zL 2013.
F n \JA P 1, "f"
My ss, :r% e*j %7% t Ai" { X), U ► 6 %
1,07", �2N
�o'O eC I C
.J�IV/ {1111,
Document Mows proof /acknowledgement before
off authorized to take proof /acknowledgement;
AQcnrtd4ement htdudes officers Mature,
mm expiation date official seal, if required.
Amanda / , person County Register of Deeds

a • a
Dopi� 0 4/24/2013
41LED
Person Courtv
Russell Jong
Tax Administrator
3:31 PM
Imed Ap 24, 2013
#212-00
Mete Of North CaMins
Person County
Real Estate Excise Tex
347M
PREPARED BY AND RETURN TO:
Ashley L. Warner
PO Drawer 1475
Kinston, NC 28503 -1475
STATE OF NORTH CAROLINA
COUNTY OF PERSON
FILED in PERSON Count NC
on A 24 2013 at 03:2514 PM
:E iANDA WF GDI E RETT
�36
III IIIIINglllllll�lliillllll III
Tax Stamps: $212.00
PERMANENT CONSERVATION
EASEMENT
THIS CONSERVATION EASEMENT ( "Conservation Easement') made this _aday of April,
2013, by and between PAUL G. HATLEY and wife, BARBARA P. HATLEY, also known as
BARBARA A. HATLEY, whose current address is at 888 John Rogers Road, Hurdle Mills, NC
27541 ( "Grantor") and NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC. 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 Person
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 16.34 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

BOOK B37 PAGE 131391155
the inclusion of the Conservation Easement Property in the "Hatley Bank Site Proposed Neuse
Riparian Buffer & Nutrient Mitigation Site, Person County, NC, Bank Parcel Development Package"
dated October, 2012 ( "Hatley 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; and
WHEREAS, the preservation of the Conservation Easement Property is required by the Upper Neuse
Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument, made and entered into
by and between Environmental Banc & Exchange, LLC, acting as the Bank Sponsor, and the North
Carolina Department of Environment and Natural Resources- Division of Water Quality C DWQ'j.
The Hatley 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 L
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 II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, 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.

BOOK 831 PAGE 438 341155
C. Industrial Commercial and Residential Use. Industrial, residential and commercial activities,
including any right of passage for such purposes is prohibited.
D. Agricultural. 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.
F. 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. Signage_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. 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 above ground storage tanks or other materials on the
Conservation Easement Property is prohibited.
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 Conservation
Easement Property, except to restore natural topography or drainage patterns.
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 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. Development Rights. 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. Vehicles. 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 other than for temporary or occasional access for purposes
of maintaining the easement area.
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

BOOK 837 PAGE 439 397755
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 themselves, their 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 Environmental Banc & Exchange,
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. Ingress. Egress, and Regress: The Grantee, its employees and agents, successors and assigns,
and the DWQ 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. Rigig to Inspect Observe and Study: The Grantee or its authorized representatives,
successors and assigns and the DWQ 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

800K 837 PAGE 110 397155
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. DWQ shall have
all the same rights and privileges as Grantee to enforce the terms and agreements contained
within this Conservation Easement.
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 same 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. Wan*antv. Grantor warrants, covenants and represents that they own 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 further 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 to Grantee
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

BOOK 837 PAGE 441 347755
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 DWQ.
C. Assi ent. 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 Agreement 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. Obligations of Ownership. 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. Extinguishment. 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. Proceeds: 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

BOOK 837 PAGE 442 347755
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.
Notification. 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
paragraph)
To Grantor:
Paul G Hatley and wife, Barbara P Hatley
888 John Rogers Road
Hurdle Mills, NC 27541
To Grantee:
North Carolina Wildlife Habitat Foundation, Inc.
300 North Greens Street,
Greensboro, NC 27429
DWQ
Wetlands, Buffers, Stormwater Compliance and Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
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 PropM. 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 Hatley Bank Site and said Hatley 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.

BOO( 831 PAGE 443 391155
IN TESTIMONY WHEREOF, the Grantor has hereunto set their hands and seals, the day and year
first above written.
ylk 0�0g� (SEAL)
Paul G. Hatley
P c-
�91.(SEAL)
Barbara P. Hatley
NORTH CAROLINA
COUNTY OF Leh o ir
I, eur16h S Ru coo P4 , a Notary Public in and for the County and State aforesaid, do
hereby certify that PAUL G. HATLEY and wife, BARBARA P. HATLEY, aka Barbara A. Hatley,
Grantor, personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Ad
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the ZZ day of April, 2013.
,r�°v�L
Notary Public
BURTON 8 RUDOLPH
Luary Public, North Carolina
My commission expires: r2 /18 O Lenoir County
y Commission Expires
December 18. 2016

BOOK 837 PAGE 444 347755
IN TESTIMONY WHEREOF, the Grantee has caused this instrument to be signed by its
��'�� and its seal duly affixed, all by authority given, the day and year
first above written.
NORTH CAROLINA WILDLIFE HABITAT
FOUNND(`ATION, INC.
BY: ' V �� EAL)
NORTH CAROLINA
COUNTY OFt� "VVD .-
— /1
314 h , a Notary Public in 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 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 WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the n day of April, 2013.
KELLY F. PERRYMAN
Notary Public. North Caroline
Davidson County
My coj;Tlg9ion Expyres
My commission expires: .��•p� d /
Document shows proof /admowtedgement before
officer authorised to take proof /acknowledgement;
Bement includes offkers signature,
mmissi piration date,offidal seal, if reQuired.
Person County Register of Deeds

W 837 PAGE 445 347755
EXHIBIT A
TO CONSERVATION EASEMENT from PAUL G. HATLEY and wife, BARBARA P. HATLEY, to
NORTH CAROLINA WELDUEE HABITAT FOUNDATION, INC,
dated the Itl day of April, 2013.
••Property„
BEING ALL that property situated in Flat River Township, Person County, North Carolina and consisting
of Area 1 and Area 2 described below:
Area 1: Being all that 90 acres, more or less, conveyed to Paul G Hatley and wife, Barbara P Hatley by
deed dated the I Vh day of February, 2009, and recorded on the 17th day of February, 2009, in Book 703,
Page 673, Person County registry. Being the same property shown on plat of survey entitled
"PROPERTY OF C.W. BOYETTE" surveyed by Phillip J. Hall, RLS -1378, dated September of 1977,
and of record in Plat Book 23, Page 14, Person County Registry. Said deed and map are herein
incorporated by reference for a more perfect and accurate description.
Area 2: Being all that 117 acres, more or less, conveyed to Paul G Hatley and wife, Barbara Hatley, by
deed dated the 27'h day of May, 1974, and recorded on the 28'h day of May, 1974, in Book 134, Page 170,
Person County registry. Said 117 acres includes that 6.55 acres originally deeded to the Town of
Hillsborough in Book 286, Page 745, see Correction Deeds in Book 812, Page 184 and Book $31; Page
`AO-5 , then deeded from Town of Hillsborough to EBX -Neese I, LLC in Book 812, Page 190, see Deed
of Correction in BookB3-+, Page 41 1 t , and finally deeded back to Paul G. Hatley and wife, Barbara
Hatley in Book 63- , Page `(1 B , all of Person County Registry. Said deeds and map are herein
incorporated by reference for a more perfect and accurate description.
LESS AND EXCEPTED from Area 2 above that 1.18 acres, more or less, deeded to Jason Paul Hatley by
deed recorded in Book 286, Page 328, Person County Registry.

W 831 PAGE 446 341155
I _L/ II-I
TO CONSERVATION EASEMENT from PAUL G HATLEY and wife, BARBARA P. HATLEY, to
NORTH CAROLINA UNDATION, INC,
dated the �NyHoAf ApBITAT ril, 2013 FO.
"Conservation Easement Property"
BEING all of that Conservation Easement Area, consisting of 16.34 acres, more or less, and being
designated Area # 2, being 8.14 acres, more or less, Area # 3, being 5.75 acres, more or less, and
Area #4, being 2.45 acres, more or less, as shown on Easement Plat entitled "HATLEY WETLAND
MITIGATION SITE FLAT RIVER TOWNSHIP PERSON COUNTY NORTH CAROLINA" by
The John R. McAdams Company, Inc., Surveyor Ronald T. Frederick, PLS L -4720, dated March
14th, 2013 and being the same plat of record in Plat obi 1• b ' Page L4D5et Seq., Person
County Registry, North Carolina ZCSOS

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