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HomeMy WebLinkAbout20100965 Ver 2_More Info Received_20210803 (2)Strickland, Bev From: Bobby Billingsley <bobbybillingsley@thomasengineeringpa.com> Sent: Tuesday, August 3, 2021 3:45 PM To: Pullinger, Robert C Subject: [External] Carolina Club Site (Craven Parcel ID 7-035-002) - Stream Determination Application (1 of 2) Attachments: DWQ 02 10 11 UT to Brices Creek.PDF; 2021_08_03 CarolinaClub_StreamCallRequest.pdf; StreamCallRequestForm_2013_WaRO.docx; 2021_08_03_KingAuthorizationSigned.pdf; 2327-688_LargeTract.pdf; 2327-692 SmallLot.pdf; TheTurfClubLLC_CorporateFilings.pdf; CarolinaClubQUADOverlay.pdf; Carolina Club Soils Map w Site.pdf; CarolinaClubAerialOverlay.pdf; BricesCreekStreamClass.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Chris please find attached documents for renew/update a stream call you did on this site (exempted) back in 2010/2011 (see first attachment for reference). We are planning a new subdivision on this property and would like to go ahead and get the expired stream call updated, and then in the next month or two will be submitting for the other applicable permits... likely by express review. This site was apparently logged last year and is easily accessible, so you should not have a problem with it (with the possible exception of the rain/monsoons we are currently having 0). Please review all and let me know if you have questions. I am sending hard copies of all of this out to you in today's mail. Hopefully I've included everything necessary so that this is straightforward. Note that I will send the preliminary plan in a second email, just because the file size is too large to include in this first email. Let me know if you don't receive both emails. Thanks, Bobby Billingsley, PE BobbvBillingslev@ThomasEngineeringPA.com ThomasEngi neeri ngPA.com ilerACTHOMAS esr 7983 ENGINEERING, PA Phs. Address: 1316-B Commerce Drive New Bern, NC 28562 Mail Address: PO Box 1309 New Bern, NC 28563 Office : 252.772.8011 Mobile: 252.671.2408 Fax: 252.636.2448 1 Virus -free. www.avg.com 2 ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary February 10, 2011 DWQ Project # 2010-0965 Craven County The Turf Club - John King c/o Ernie Ensley, agent 310 Craven Street New Bern, NC 28562 Subject Property: The Turf Club UT to Brice's Creek, Neuse River Basin On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Ensley: On November 17, 2010, at your request I conducted an on -site determination to review a drainage feature located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The project area is labeled as "2010-0965" on the attached map initialed by me on February 10, 2011. The project is located on the east side of US HWY 70, just south of the intersection of US HWY 70 and West Thurman Road (SR 1116) At your request, I conducted an on -site determination as stated above. During my review I evaluated the stream using the DWQ Stream Classification Form. I evaluated the stream reach and calculated the score to be 17 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent". The Division of Water Quality (DWQ) has determined that the surface water highlighted in pink and labeled as "2010-0965" on the attached map is ephemeral and is NOT SUBJECT to the Neuse Buffer Rule. This feature and its associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Internet: wwwnewatcrqualitv,org Phone: 252-946-6481 FAX 252-946-9215 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally Page 2 of 2 Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call me at (252) 948-3920. Sincerely, L Chris Pullinger Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: 1:24,000 scale USGS topographic map, New Bern quadrangle cc: DWQ 401 Oversight/Express Unit WaRO File Copy USACE, Washington Field Office - Attn: William Wescott WaRO DLR Filename: 2010-0965 Copyright (C) 1997, Maptech, Inc. THOMAS ENGINEERING, PA www.thomasengineeringpa.com 1316-B Commerce Drive Post Office Box 1309 New Bern, NC 28563 EMAILED & US MAIL #: 9405 5118 9956 1421 0716 55 Bobby Billingsley, Professional Engineer bobb ybillingsle y@ thomasengineering pa. com P: 252.637.2727 F: 252.636.2448 M: 252.677.2408 To: NCDEQ — DEMLR Division of Water Resources — Water Quality Regional Operations 943 Washington Square Mall Washington, NC 27889 Attn: Chris Pullinger Environmental Specialist II Re: Carolina Club Subdivision Site Request for On -Site Stream Origin/Buffer Applicability Determination New Bern, Craven County, NC 2021-007 Dear Chris, August 3, 2021 I hope you are doing well. Please find attached the documents required to update and renew the stream determination for this project. You originally did this in late 2010/early 2011, however, the deterimation has expired. Documentation on that is included for reference. We would like to update that document so that the project is clean when we submit in the next few months for the other applicable permits. Attached items include: • One (1) completed Stream Origin/Buffer Applicability Determination application form. • One (1) check (No. 15801) for $200.00 for the application fee (mailed only) • One (1) signed Agent Authorization Form • One (1) copy of the previous exemption documentation (DWQ Project # 2010-0965) • One (1) copy of the property deeds • One (1) copy of the LLC annual report documentation • One (1) copy of the USGS QUAD map with site boundary overlaid • One (1) copy of the Craven County Soils Map with site boundary overlaid • One (1) copy of the site with the current aerial image overlaid • One (1) copy of the Brice Creek receiving stream classification information • One (1) copy of the preliminary plans for the subdivision In brief, this project will be a high -density single family detached residential subdivision with public sewer and water, and a planned large wet detention basin as the SCM. NCDOT will be responsible for future roadway acceptance and maintenance. Please review and let me know if you have any questions, concerns, or require additional documentation. Thank you, gd4 "714 Bobby Billingsley, PE BobbyBillingsley@ThomasEngineeringPA.com Attachments ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs Governor Thomas A. Reeder Director John E. Skvarla, III Secretary DWQ Use Only: Project # Stream Origin/Buffer Applicability Determination Required Information 1. Owner Information (corporation/individual who is legally responsible for the property and its compliance) la. Name(s) on Recorded Deed The Turf Club, LLC 1b. Responsible Party (for LLC) John W. King, Jr., Manager lc. Mailing Address 310 Craven Street, New Bern, NC 28563-1654 Id. Telephone Number 252.638.1701 le. Email Address jking@stubbsperdue.com 2. Location of Project Site - please include the county, nearest named town and highway number: Craven County, New Bern, US HWY 70 East. Project address is: 7016 US HWY 70 Easst, New Bern, NC 28560. 3. Has anyone from DWQ visited the site? Yes Staff Name Chris Pullinger Date of Visit? 11.17.2010 Additional Requested Information 4. Agent/Consultant Information (if applicable) 4a. Name, Company John G. Thomas, PE — Thomas Engineering, PA 4b. Mailing address PO Box 1309, New Bern, NC 28562 4c. Telephone no. 252.637.2727 4d. Email address JohnThomas@ThomasEngineeringPA.com 5. Project and Site Information 5a. Name of project Carolina Club (Proposed Subdivision 5b. County Craven 5c. Nearest Named Stream NUSW Brice Creek (27 101 40 (1) C; Sw; Neuse 5e. Provide a brief description of this project (attach site plan if available): Proposed Carolina Club single family detached residential subdivision. Preliminary Plan attached for reference. Note: There was a previous call (DWQ Project # 2010- 0965) done on this stream on February 10, 2011, and found not to be subject to the Neuse River Buffer Rule. Documentaiton is attached for reference. As that is expired, we are simply requesting and updated determination for our files. Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo and/or NRCS Soil Survey. If you are unable to locate either of these maps, please contact the Regional Office for assistance. DWQ Use Only: Is this stream call for the purpose of: buffer mitigation nutrient offset credit Please return form to: Chris Pullinger 943 Washington Square Mall Washington, NC 27889 Fax: (252) 946-6481 Email: chris.pullinger@ncdenr.gov Note: Submittals on Friday after 12:00 pm will be stamped as received on the next business day. Please contact Anthony Scarbraugh at (252) 946-6481 if you have any questions. THOMAS ENGINEERING, PA est 1983 civil engineering.land development. project management AGENT AUTHORIZATION FORM To Whom It May Concern: I/we, the undersigned, registered property owners of the below noted property, do hereby authorize Thomas Engineering, PA and John G. Thomas, PE to act as our agent in the determination of jurisdictional wetland boundaries on the subject property and to act on our behalf and take all actions necessary for the processing, issuance and acceptance of permitting or certification and any and all standard and special conditions attached thereto. By way of this form, I/we additionally authorize access to the site by Thomas Engineering, PA, contract consultants of Thomas Engineering, PA, representatives of the US Army Corps of Engineers (COE) and/or the North Carolina Division of Water Resources (DWR) for the purpose of reviewing wetland boundaries, providing a jurisdictional determination, Riparian Buffer determinations, and site review regarding processing of permits and certifications. By way of this form, I/we additionally authorize Thomas Engineering, PA and John G. Thomas PE to act as our agent in matters that Craven County have jurisdiction over, such as zoning amendments and subdivision applications. Any questions should be directed to Thomas Engineering, PA. Property address and parcel ID number: Current property Owner name: Owner address and phone number: Agent name: Agent address and phone number: The Turf Club, LLC Property Owner's Name John W. Kin Jr. Mana er ing Official's Name & Title &i 7 7 's Signature Da e J 7016 US HWY 70 East New Bern, NC 28560 Parcel No. 7-035-002 (Craven County) The Turf Club, LLC Attn: John W. King, Jr., Manager 310 Craven Street New Bern, NC 28563-1654 252-638-1701 John G. Thomas, PE Thomas Engineering, PA P. O. Box 1309 New Bern, NC 28563 252-637-2727 johnthomas(7thomasengineerinupa.com 1316-B Commerce Drive.P.O. Box 1309.New Bern, NC 28563 Phone: (252)637-2727.Fax: (252)636-2448.Website: ThomasEngineeringPA.com Mork Flow No: 9999-00256882 PREPARED BY: MICHAEL SCOTT DAVIS PARCEL NOS. 7-035-030, 7-034-015-D, 7-035-002, & 7-035-008 REVENUE STAMPS: $2,000.00 Craven NC - Document StaaP Becky Thompson, Resister of Date 07/06/2005 Time 17:11:S4 1 of Pss No: 2005-00130139 Book 2327 Pace 688 Fee Art : 23.00 Excise Tax: 2,000.00 STATE OF NORTH CAROLINA COUNTY OF CRAVEN WARRANTY DEED THIS DEED, made and entered into this 1st day of July, 2005, by and between JEFFREY G. WILLIAMS, TRUSTEE OF THE ANGUS TRUST, of Craven County North Carolina, Grantor, and THE TURF /1/RyyF CLUB, LLC, a North Carolina limited liability company, of DC & u 1654 Ct.c ,8E5RP We ag5(3 Grantee; WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to him in hand paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor has bargained and sold, and by these presents does bargain, sell, and convey unto the Grantee, its successors and assigns, those certain tracts or parcels of land located in Number Seven (7) Township, Craven County, North Carolina, and being more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE ARD AND DAVIS,ur All ORNEYS AT LAW PO DRAWER 14E8 NEW BERN. NC ER563 ..-ARD AND DAVIS, ur AI-IY)RN FYS AT LAW PO DRAWER 142B NEW BERN, NC 28563 Date 07/06/2005 Time 17:11:54 2 of No: 2005-00130139 Back 2327 Paw 689 TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns, In fee simple forever. And the said Grantor, for himself, his heirs, executors, and administrators, covenants to and with the said Grantee, its successors and assigns, that he is seized of said premises and has the right to convey the same in fee simple; that the same is free and clear of all encumbrances, except those limitations, encumbrances, or restrictions set out hereinabove; and that he will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written, and hereby adopts the typed word "SEAL" as it appears at the end of his signature as his personal seal. 2 Y G. WILLIAMS, TRUSTEE ANGUS TRUST (SEAL) f P3S ARD AND DAVIS,w All c RNP.YS AT LAW PO DRAWER 1428 NEW BERN. NC 28563 STATE OF NORTH CAROLINA COUNTY OF CRAvEnv Date 07/06/2005 Time 17:11:54 3 of No: 2005-00130139 Book 2327 Page 690 I 31 l/ M , I oC k Notary Public in and for said County and State, do hereby certify thdf JEFFREY G. WILLIAMS, TRUSTEE OF THE ANGUS TRUST, personally appeared before me this day and acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed. WITNESS my hand and official seal this the (,y day of July, 2005. My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF CRAVEN tary PPub ie\ 1 1 tV[)CC Fr The foregoing notary certificate is certified to be correct. This instrument was presented for registration on this day and hour, and duly recorded in the Office of the Register of Deeds of Craven County, North Carolina in Book,q at Page 19 /t This the 1p day of , 2005, at rj, / / o'clock p.m. f� t V/P11 2&&, By ���� ee ea& Registe of Deeds Aseist nt Register of Deeds 3 +Pss .ARD AND DAVIS, NP ATTORNEYS Ai TAW PO DRAWER 142E NEW BE RN. NC 28563 EXHIBIT A Date 07/06/2005 Time 17:11:54 4 of No: 2005-00130139 Book 2327 Paw 691 All that certain tract or parcel of land lying and being situate in Number 7 Township Craven County, North Carolina, and being all of Tract One contaimng 50.50 acres as the same is shown on a map entitled "Resurvey of Lots 3, 10 and portion of Lot 15, H.C.Hargett Subdivision, and 1.053 Acre & 28.510 Sq. Ft. Parcels, for The Turf Club, LLC, prepared by Atlantic Survey & Design, P.A. recorded in Plat Cabinet H, at slide 24-H, in the Office of the Register of Deeds of Craven County. 4 4 Pss s sit SATISFACTION: The debt secured by the within Deed of Trust together with the note(s) secured thereby has been satisfied in full. This the day of Signed: Craven NC - Document Star Becky TIvoarson, Resister of Deeds Date 07/06/2005 nee 17:12:41 1 of 4 Pis No: 2005-00130140 bi2327 Pace 692 Fee Mt : 23.00 Excise Tax: .00 Recording: Time, Book and Page Tax Lot No. Parcel Identification No. 7-035 008; 7-035 002; 7-032 015 and 7-034 015-D Verified by County on the day of By: / Mail after recording to: & Perdue, P.A., P.O. Box 1654, New Bern, NC 28563-1654. This instrument prep ed by: John W. King, Jr., Attorney at Law Brief Description for the index 50+ Acres, Hargett Land PURCHASE MONEY NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made this the 1 st day of July, 2005, by and between: GRANTOR The Turf Club, LLC 2000 Grenville Court New Bern, NC 28562 TRUSTEE Michael Scott Davis 409 Pollock Street New Bern, NC 28560 BENEFICIARY Jeffrey G. Williams, Trustee of The Angus Trust c/o RSM McGladrey, Inc. PO Box 15409 New Bern, NC 28561 Enter in appropriate block for each party: name address, and, if appropriate, character of entity, e.g. corporation or partnership The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, That whereas the Grantor is indebted to the Beneficiary in the principal sum of One Million and 00/100 Dollars (S1,000,000.00), as evidenced by a Promissory Note of even date herewith, the terns of which are incorporated herein by reference. The final due date for payments of said Promissory Note, if not sooner paid, is June 30, 2008. NOW, THEREFORE as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in or near the City of New Bern, Number Seven (7) Township, Craven County, North Carolina, (the 'Premises") and more particularly described as follows: Exhibit A attached hereto and made a part hereof. This is a Purchase Money Deed of Trust and as such is subject to the provisions of N.C.G.S. §45-21.38. Date 07/06/2005 Time 17:12:41 2 of 4 Pss No: 2005-00130140 2327 Pase 693 TO HAVE AND TO HOLD said Premises with all privileges and appurtenances thereunto belonging, to said Trustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions, and hereinafter set forth. If the Grantor shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or in part, all other sums hereby and shall comply with all of the covenants, terms and conditions of this Deed of Trust, then this conveyance shall be null and void and may be canceled of record at the request and the expense of the Grantor. If however, there shall be any default (a) in the payment of any sums due under the Note, this Deed of Trust or any other mstrument securing the Note and such default is nor cured within ten (10) days from the due date, or (b) if there shall be default in any of the other covenants, terms or conditions of the Note secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other instrument securing the Note and such default is not cured within fifteen (15) days after written notice, then and in any of such events, without further notice, it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first giving such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as maybe provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey title to the purchaser in as full and ample manner as the Trustee shall be authorized to retain an attorney to represent him in such proceedings. The proceeds of the Sale shall after the Trustee retains his commission, together with reasonable attorneys fees incurred by the Trustee in such proceedings, be applied to the costs of sale, including, but not limited to, costs of collection, taxes, assessments, cost of recording, service fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary according to the provisions hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale or the minimum sum of $1.000.00 whichever is greater, for a completed foreclosure. in the event foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonable attorneys fees, and a partial commission computed on five per cent (5%) of the outstanding indebtedness, or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to -wit: one-fourth (r) thereof before the Trustee issues a notice of hearing on the right to foreclosure; one-half (2) thereof after issuance of said notice, three -fourths (a/+) thereof after such hearing; and the greater of the full commission or minimum sum after the initial sale. And the said Grantor does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefit of the Beneficiary against loss by fire, windstorm and such other casualties and contingencies, in such manner and m such companies and for such amounts, not less than that amount necessary to pay the sum secured by this Deed of Trust, and as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payments as long as the Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be added to the principal of the Note by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. All proceeds from any insurance so maintained shall at the option of Beneficiary be applied to the debt secured hereby and if payable in nstallments, applied in the inverse order of maturity of such installments or to the repair or reconstruction of any improvements located upon he Property. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said Premises within thirty (30) days after the same shall become due In the event that Grantor fails to so pay all taxes, assessments and charges as herein required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon demand of Benefrcriary. 3. ASSESSMENTS OF RENTS AND PROFIT. Grantor assigns to Beneficiary, in the event of default, all rents and profits from the land and any improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, to rent same, at any reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the cost of reletting and collection, to apply the remainder to the debt secured hereby. 4. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 5. WASTE. The Grantor covenants that he will keep the Premises herein conveyed in as good order, repair and condition as they are now, reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use, and that he will not commit or permit any waste. 6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain, Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by reason of such taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount so received or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments, or to any alteration, repair or restoration of the Premises by Grantor. 7. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he is seized of the Premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the tide against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 8. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said Trustee then the holder mayappoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the e, the trustee thus appointed shall succeed same, succeed to all rights, powers and duties of the Trustee. THE FOLLOWING PARAGRAPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLESS THE BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS MARKED AND/OR INITIALED. X 9. SALE OF PREMISES. Grantor agrees that if the Premises or any part thereof or interest therein is sold, assigned, transferred, con or otherwise alienated by Grantor, whether voluntary or involuntary or by operation of law [other than: (i) the creation of a lien other encumbrance to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) the creation of a purchase money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (iv) the grant of a leasehold interest of three (3) years or less not containing an option to purchase; (v) a transfer to a relative resulting from the death of a Grantor; (vi) a transfer where the spouse or children of the Grantor become the owner of the Premises; (vii) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Grantor becomes an owner of the Premises; (viii) a transfer into an inter vivos trust in which the Grantor us and remains a beneficiary and which does not relate to a transfer of occupancy in the Premises], without the prior consent of Beneficiary, at its own option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable. Any change in the legal or equitable title of the Premises or in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a majority interest in the Grantor if a corporation or partnership, whether or not of record and whether or not for consideration, shall be deemed to e the transfer of an interest in the Premises. Date 07/06/2005 Time 17:12:41 3 of 4 Pas No: 2005-00130140 Both 2327 Pane 694 10. ADVANCEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument given as additional security for the Note secured, the Beneficiary may, but without obligation, make advances to perform such covenants or obligations, and all such sums so advanced shall be added to the principal sum, shall bear mterest at the rate provided in the Note secured for sums due after default and shall be due from Grantor on demand of the Beneficiary. No advancement or anything contained in this pe[a shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default. 11.INDEMNITY. If any suit orproceeding be brought against the Trustee orBeneficiary orifany suit or rpe •ngbe brought which may affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse trustee or Beneficiary from any loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due after and shall be due and payable on demand. 12. WAIVERS. Grantor waives all rights to require marshalling of assets by the Trustee or Beneficriary. No delay or omission of the Trustee or Beneficiary in the exercise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time. 13. CIVIL ACTION In the event that the Trustee is named as a party to any civil action as Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's fee of the Trustee on such action be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear interest at the rate provided in the Note for sums due after default. 14. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default hereunder. 15. OTHER TERMS. none IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. THE tc _ LUB, LLC (SEAL) . i4 (SEAL) SEAL -STAMP NORTH CAROLINA, Craven County a Notary Public of the County and state aforesaid, certify tha �- !. Ki h s� 1�osr} O rEram Managegsof The Turf Club, LLC, a North Carolina Limited Lis Jiffy orporatfon personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this 1st day of July, 2005. 1, 31 tit y M , S{ ^k Notary Public My commission expires: 3 -/ Q -ADO (p The foregoing Certificate of certified to be correct. �dv `'fie 1/4-icyae) This instrument and this certificate are duly registered at the date and in the Book and Page shown on the first page hereof. Cjl? dd du By REGISTER OF DEED FOR CRAVEN COUNTY Deputy/Aoawtent-Register of Deeds is Exhibit A Date 07/06/2005 Tile 17:12:41 4 of 4 Pss No: 2005-00130140 Bmk 2327 Pase 695 All that certain tract or parcel of land lying and being situate in Number 7 Township, Craven County, North Carolina, and being all of Tract One containing 50.50 acres as the same is shown on a map entitled "Resurvey of Lots 3 10 and portion of Lot 15, H.C.Hargett Subdivision and 1.053 Acre & 28.510 Sq. Ft. Parcels, for The Turf Club, LLC, prepared by Atlantic Survey & Design, P.A. recorded in Plat Cabinet 1-1, at slide 24-H, in the Office of the Register of Deeds of Craven County. LIMITED LIABILITY COMPANY ANNUAL REPORT • 10/2017 NAME OF LIMITED LIABILITY COMPANY: The Turf Club, LLC SECRETARY OF STATE ID NUMBER: 0787755 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: 2021 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: King, John W. , Jr. 2. SIGNATURE OF THE NEW REGISTERED AGENT: Filing Office Use Only E - Filed Annual Report 0787755 CA202111603045 4/26/2021 09:45 nChanges SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 310 Craven St 310 Craven St New Bern, NC 28560-4909 Craven County SECTION B: PRINCIPAL OFFICE INFORMATION New Bern, NC 28560-4909 1. DESCRIPTION OF NATURE OF BUSINESS: Stubbs Perdue 2. PRINCIPAL OFFICE PHONE NUMBER: (252) 638-1701 4. PRINCIPAL OFFICE STREET ADDRESS 310 Craven St 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 310 Craven St New Bern, NC 28563-1654 New Bern, NC 28563-1654 6. Select one of the following if applicable. (Optional see instructions) The company is a veteran -owned small business The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: Richard G Burrows NAME: John William King Jr TITLE: Manager TITLE: Manager ADDRESS: NAME: TITLE: ADDRESS: ADDRESS: 3103 Peppercorn Rd 2000 Grenville Court New Bern, NC 28562-4929 New Bern, NC 28562 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Richard G Burrows 4/26/2021 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. Richard G Burrows Manager Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 Craven County GIS Carolina Club QUAD Overlay Craven County does NOT warrant the information shown on this map and should be used ONLY fortax assessment purposes. Printed on July 20, 2021 at8:04:O6 AM 1 inch = 434 feet 1 Craven County GIS Carolina Club Aerial Overlay Craven County does NOT warrant the information shown on this map and should be used ONLY for tax assessment purposes. Printed on July 20, 2021 at8:00:25 AM 1 inch = 434 feet Neuse River Basin Name Index Number Classification Class Date Description Special Designation Hoods Creek From source to Trent River Joshua Creek From source to Trent River Brice Creek 27-101-38 C;Sw,NSW 27-101-4 C;Sw,NSW (From source to Craven County SR 1004 Brice Creek From Craven County SR 1004 to Trent River West Prong Brice Creek From source to Brice Creek 05/01/88 05/01/88 27-101-40-(1) C;Sw,NSW 27-101-40-(7) SC;Sw,NSW 27-101-40-1.5 C;Sw,NSW East Prong Brice Creek From source to Brice Creek Gum Swamp (Long Lake) From source to Brice Creek Great Branch 'From source to Brice Creek Lees Branch 27-101-40-2 C;Sw,NSW 27-101-40-2-1 C;Sw,NSW 27-101-40-3 C;Sw,NSW 27-101-40-4 C;Sw,NSW From source to Brice Creek Black Branch From source to Brice Creek Georges Branch 'From source to Brice Creek Bridge Creek 05/01/88 05/01/88 05/01/88 1 05/01/98 05/01/88 05/01/88 J 05/01/88 27-101-40-5 C;Sw,NSW 05/01/88 27-101-40-6 C;Sw,NSW 05/01/88 27-101-41 SC;Sw,NSW 05/01/88 From source to Trent River Brickyard Branch From source to Joshua Creek Lawson Creek 'From source to Trent River Bearwell Branch [From source to Joshua Creek Lane Branch From source to Lawson Creek 27-101-4-1 27-101-42 27-101-4-2 27-101-42-1 C;Sw,NSW 05/01/88 SC;Sw,NSW 05/01/88 1 C;Sw,NSW 05/01/88 SC;Sw,NSW 05/01/88 Wednesday, February 08, 2012 Based on Classifications as of 20120208 Page 6 of 72