HomeMy WebLinkAboutSW6210908_Property Deed_20211012FILED
BLADEN COUNTY NC
BEVERLY T. PARKS
REGISTER OF DEEDS
FILED Apr 20, 2020
AT 12:16:33 pm
BOOK 00801
START PAGE 0038
END PAGE 0049
INSTRUMENT # 01140
EXCISE TAX $585.00
iso
PREPARED BY JOHN W. DEES PO DRAWER 8 GOLDSBORO, NC 27533
NORTH CAROLINA TIMBER DEED
BLADEN COUNTY 3,Pir0• pG, Revenue Stamps _%5Q6o'
THIS TIMBER DEED, made this the day of , 2020, by and between
ALLIE BEAL THOMAS (WIDOW), by and through her attorney -in -fact, RITA KAY THOMAS
MCKEEL, GEORGE DEAN THOMAS and wife, VIVIAN J. THOMAS, RITA T. MCKEEL and
husband, CHARLES ELLIS MCKEEL, WENDY T. JONES and husband, EDDIE LARSON
JONES, MICHAEL RAY THOMAS and wife, DEBRA F. THOMAS and TAMMY T. JERNIGAN
and husband, BOBBY J. JERNIGAN, whose address is 3282 NC Hwy 210 East, Harrells, NC 28444,
hereinafter called the Grantors, and Canal Wood, LLC, a limited liability company authorized to do
business in the State of North Carolina with an address of PO Box 38, Riegelwood, North Carolina
28444, hereinafter called the Grantee.
WITNESSETH: That the Grantors in consideration of $100.00 and other valuable
considerations to them in hand paid by the Grantee, the receipt of which is hereby acknowledged,
have bargained and sold, and by these presents, do bargain, sell and convey to the Grantee, and its
successors and assigns, all merchantable forest products of every sort and description now standing,
lying and growing upon those lands lying and being in Lake Creek Township, Bladen County, North
Carolina, and more particularly described as follows:
Containing approximately 147.00 acres of woodland on the east side of N.C. 210 Hwy
as shown and delineated on the timber sale map attached hereto as Exhibit A, said sale
area being part of Tax PIN 138500225270 (listing is 510.55 acres) and part of the
lands described in deed to George W. Thomas recorded in Book 133, Page 121,
Bladen County Registry. See Estate File 71-E-33, CSC of Bladen County for
additional chain of title.
The boundaries of the sale area are painted with blue paint. All trees outside the sale
area as herein described are excepted and excluded. Riparian buffers and hardwood
drains (perimeters flagged) are in the excluded areas. All pine conveyed herein can be
reached directly from upland areas or using existing crossings (except during high
river conditions). If during logging excess rutting should occur (greater than 15% of
0801 BK:00801 PG:0039
0039
the sale area, excluding deck site), then, at the sole discretion of Allen & Associates,
logging shall be suspended and an automatic 6-month extension provided at no cost
to Grantee. Grantee has the right to extend the term for an additional 12 months by
payment of the sum of $10,000.00 to Grantors prior to the expiration of the original
3-year term. All conditions set forth on Exhibit B attached hereto are conditions of
this timber deed as if fully set out herein.
Grantee shall observe Best Management Practices and applicable River Basin Rules, abide by
North Carolina statutes on stream obstruction, water quality and sedimentation, and refrain from
depositing any hazardous wastes on the premises. Grantee shall hold Grantors harmless from any
noncompliance with the foregoing conditions and for any claim, injury or damages of any third party
(including agents and employees of Grantee and its contract logger) arising from any activities
conducted on the premises by Grantee under this contract.
And the Grantors grant to the Grantee and its successors and assigns, full right and privilege
for a period of 3 years following the recording of this instrument through its agents and servants, to
enter upon said lands and pass and repass over the same with conveyances and equipment for the
cutting and removing of the forest products herein conveyed.
In the event of a dispute between the parties arising out of the terms and conditions of this
instrument and the performance by either party thereunder, the parties hereto agree to accept the
decision of an arbitration board of three (3) members. Each party shall select an arbiter and a third
arbiter shall be selected by the first two arbiters. The two arbiters must be selected by the parties
hereto within thirty (30) days after either party has requested arbitration. The arbiters must reach an
agreement within thirty (30) days after the appointment of an arbiter by the Grantors and Grantee.
The period allowed herein for cutting and removal of timber shall be extended automatically by the
number of days required for the selection of arbiters and to complete the arbitration of the dispute.
Arbitration shall be performed in accordance with the General Statutes of North Carolina.
Grantors acknowledge that prior to the execution of this instrument, Grantors or its
representatives has determined the boundary lines of the above -described lands and has fully,
accurately, and completely described or clearly marked said boundaries to Grantee. Grantors further
agree to defend, protect, and hold Grantee, its agents, employees, and contractors, harmless from any
and loss, cost, damages, and/or expenses, arising from claims of trespass for any timber cut within the
designated timber sale boundaries
It is understood and agreed between the parties hereto that the Grantee, and its successors and
assigns, shall have free rights of egress and ingress over and upon the above identified lands as is
necessary to reach said standing forest products and to cut and remove the same, provided the Grantee,
and its successors and assigns, shall not interfere with the reasonable and normal use of the cleared
lands embraced in the foregoing description and shall pay for any crop damage, except within the
required access areas.
It is further understood and agreed that the existing streets and farm roadways shall be kept
open at all times and that no tops, limbs or branches will be felled so as to throw portions thereof on
the cleared land or in the ditches where the same would interfere with the use of said cleared land or
0801 BK:00801 PG:0040
0040
with the drainage of said lands. All drainage ditches shall be kept clear for drainage. The streets and
farm roads shall be left in as good condition after the cutting and removal of said forest products as
the same now are, reasonable wear and tear excepted, and during the removal of said forest products
the streets and farm roads shall be maintained in such a condition that they may be used by the
Grantors for the purposes for which they are now used. The Grantee shall not be responsible for
repairing damage to fences.
If any restriction by law or governmental regulation or if any action or any threatened action
from a state, federal or local governmental agency prevents Grantee from cutting and removing the
timber purchased hereunder, Grantors hereby agree to reimburse Grantee for the market value as of
the date hereof of the volume that is standing on the tract as a result of such regulation, action or
threatened action. Said volume to be determined by joint cruise conducted by Grantee and Grantors.
TO HAVE AND TO HOLD the aforesaid forest products and the rights hereinabove granted
unto the Grantee, and its successors and assigns, to their only use and behoof, for the term of this
Timber Deed. And the Grantors, for themselves and their heirs, personal representatives and assigns,
do hereby covenant with said Grantee, and its successors and assigns that Grantors are lawfully seized
of said timber, rights and privileges hereinbefore set out in their own right in fee simple and
absolutely, free and clear of all encumbrances, and have full power and authority to convey the same
in the manner aforesaid, which is done by this deed, and that they will forever warrant and defend the
title to the same against the claims and demands of all persons whomsoever.
IN TESTIMONY WHEREOF, the said Grantors have set their hands and seals, this the day
and year first above written.
0801 BK:00801 PG:0041
0041
�,Lp (SEAL
Allie Beal Thomas (Widow
By: Sl
Rita K y Tho4 McKeel,
Attorney -in -Fact for Allie Beal Thomas
STATE OF NORTH CAROLINA
COUNTY OF R I aA"
I, 0 , "Aa-i 8, L e-,J ; -5 , a Notary Public in and for said County and State, do
hereby certify that RITA KAY THOMAS MCKEEL, Attorney -in -Fact for ALLIE BEAL THOMAS
appeared before me this day, and being by me duly sworn, says that she executed the foregoing and
annexed instrument for and in behalf of the said ALLIE BEAL THOMAS, and that her authority to
execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged,
and recorded in the Office of the Register of Deeds of Bladen County, North Carolina, on May 23,
2019, in Book 787 at Page 949, and that this instrument was executed under and by virtue of the
authority given by said instrument granting her power of attorney.
I do further certify that the said RITA KAY THOMAS MCKEEL Attorney -in -Fact,
acknowledged the due execution of the foregoing annexed instrument for the purposes therein
expressed for and in behalf of the said ALLIE BEAL THOMAS.
WITNESS my hand and Notarial seal, this the $ day of 2020.
My commission expires: // ^ /G - 0�3
/F
0801 BK:00801 PG:0042
0042
l[� fio��SEAL)
George DEan Thomas
Vivian J. Thomolr
STATE OF NORTH CAROLINA
COUNTY OF 8 j a -.1e-n
1, h i cLn&j A L W i s , a Notary Public in and for said State and County, do
hereby certify that GEORGE DEAN THOMAS and wife, VIVIAN J. THOMAS personally appeared
before me this day and acknowledged the due execution of the foregoing Timber Deed for the
purposes therein expressed.
WITNESS my hand and Notarial Seal, this the day of Q r; L 2020.
Notary Public
My Commission Expires:
0801 BK:00801 PG:0043
0043
EAL)
Rita T. ckeel
Charles Ellis Mckeel
STATE OF NORTH CAROLINA
COUNTY OF S I ut, den
L w S , a Notary Public in and for said State and County, do
hereby certify that RITA T. MCKEEL and husband, CHARLES ELLIS MCKEEL personally
appeared before me this day and acknowledged the due execution of the foregoing Timber Deed for
the purposes therein expressed.
WITNESS my hand and Notarial Seal, this the day of r, L 2020.
NotaryPublic
My Commission Expires: / a o a
r-
BK:00801 PG:0044
-tw�40A-ad (SEAL)
Wendy T. Jkdes
�� (SEAL)
Eddie Larson Jones
STATE OF NORTH CAROLINA
COUNTY OF ode n
I, v 1 tea., 6, �- e w i S , a Notary Public in and for said State and County, do
hereby certify that WENDY T. JONES and husband, EDDIE LARSON JONES personally appeared
before me this day and acknowledged the due execution of the foregoing Timber Deed for the
purposes therein expressed.
WITNESS my hand and Notarial Seal, this the g day of jq p r; Z , 2020.
I(a�—
My Commission Expires:_/
Notary Public
PG:0045
0$01 BK:00801
0045
STATE OF NORTH CAROLINA
COUNTY OF j3 1 a d c. 0
(SEAL)
De -bra F. Thomas
I, D i c,, a, (3 . Lv c w s , a Notary Public in and for said State and County, do
hereby certify that MICHAEL RAY THOMAS and wife, DEBRA F. THOMAS personally appeared
before me this day and acknowledged the due execution of the foregoing Timber Deed for the
purposes therein expressed.
WITNESS my hand and Notarial Seal, this the day of ; L 2020.
Notary Public
My Commission Expires: l/ doh 3 ! '
0801 BK:00801 PG:0046
0046
(SEAL)
Tammy T. Jerni
�1).C) n SEAL)
.✓� _
fob >
STATE OF NORTH CAROLINA
COUNTY OF B j a den
I, ccina. 13 Le-(J S , a Notary Public in and for said State and County, do
hereby certify that TAMMY T. JERNIGAN and husband, BOBBY J. JERNIGAN personally
appeared before me this day and acknowledged the due execution of the foregoing Timber Deed for
the purposes therein expressed.
WITNESS my hand and Notarial Seal, this the 0 ty
of Apr; C- 2020.
Notary Public
My Commission Expires: 1 l - It, - 2Q .2 3
08p1
0801 BK:00801 PG:0047
47
THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY
FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED
FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS.
08Q1 BK:00801 PG:0048
0048
EXHIBIT B: GENERAL CONDITIONS OF TIMBER SALE, GEORGE THOMAS HEIRS,
BLADEN COUNTY, NORTH CAROLINA TO CANAL WOOD LLC. CONTAINING
147.00 TIMBER SALE ACRES TO BE CLEAR-CUT:
1. All merchantable trees and timber within the marked boundaries of the timber sale area is for
sale CLEAR-CUT (EXCLUDING DESIGNATED BUFFER ZONES, IF ANY). Stumps, roots
and related underground tree parts are specifically excluded and excepted from this timber sale.
The successful bidder (grantee) will be given 36-MONTHS from recording the timber deed to
cut and remove forest products offered under this timber sale. AN ADDITIONAL 12-
MONTHS can be purchased at the BUYER'S ELECTION at any time prior to the expiration of
the original 36-month term for $10,000.00. Seller(s) (grantors) will pay the costs of timber deed
preparation if prepared by our attorney and revenue stamps affixed to the recorded timber deed.
2. Any trees, limbs, laps or other logging debris that fall into cleared fields, branches, ditches,
natural drains, and/or roads shall be immediately removed by the logging contractor. North
Carolina Best Management Practices and APPLICABLE River Rules must be followed in the
harvesting of this timber and the sellers (grantors) assume no responsibility for non-compliance
on the part of the successful bidder (grantee) and/or the subcontract logger. The deposition of
fuel, oil, hydraulic fluid and/or other regulated substances onto the timber sale area in strictly
prohibited.
3. Sellers (grantors) warrant and will defend title to timber within the marked timber sale
boundaries and will provide free ingress and egress to the timber sale area(s) as shown on
EXHIBIT A. Access routes used in logging must be kept open and passable at all times during
the logging and restored to a prelogging conditions upon completion of the harvesting. Buyer
(grantee) will be responsible for any and all crop damages, which occur outside designated
logging access routes and truck turn areas.
4. All decking and loading is to be conducted within the timber sale area and absolutely not in
the agricultural fields.
5. The buyer (grantee) shall indemnify and hold harmless the seller (grantor) from any and all
liability and any and all loss arising from the operation, activities, or omissions of the buyer or
his agents and subcontractors incident or related to this contract or upon the timber sale area(s).
Buyer (grantee) agrees to require Worker's Compensation Insurance for his agents, employees
and subcontractors and to furnish evidence of Worker's Com ensation coverage prior to the
onset of logging. GRANTOR'S shall be named as _ on GRANTEE'S
GENERAL LIABILITY POLICY PRIOR TO CLOSING. All damages caused by Buyer
(grantee), his agents, employees and/or subcontractors to improvements of the Seller (grantor)
shall be either repaired in a timely manner or paid for at replacement cost.
0801 , BK:00801 PG:0049
0049
6. The hardwood drains in proximity to the south river are excepted and excluded from sale and
their perimeters are flagged. All pine offered for sale can be reached directly from upland areas or
by using existing drain crossings that can be practically used except during huh river conditions.
7. If during the logging excessive rutting should occur (> 15% of the sale area, excluding
deck site) then, at the sole discretion of Allen & Associates, logging shall be terminated and
an automatic 6-month extension provided at no cost to the grantee. The 6-month extension,
if invoked, will be added to the end of the original cutting term(s).
8. A small, one grave cemetery has been identified within the timber sale area and is
depicted on Exhibit A as "C". The cemetery should be protected during the logging.
0675 FILED
0592 BLADEN COUNTY
CHARITY C. LEWIS
REGISTER OF DEEDS
FILED May 12, 2011
AT 04:39:35 pm
BOOK 00675
BLADEN COUNTY 05-12-2011 START PAGE 0592
NORTH CAROLINA END PAGE Real Estate 0594
Excise Tax $1,269.00 INSTRUMENT 01313
__---_-------------
The attorneys preparing this instrument have made no record search or title examination of the property description herein, and
express no opinion with respect thereto, unless contained in a separate written certificate.
NORTH CAROLINA
b
BLADEN COUNTY
WARRANTY DEED
THIS DEED made this the 3rd day of May, 2011, by and between MAXWELL FOODS, LLC, a North
Carolina limited liability company, (formerly known as Maxwell Foods, Inc., which was converted into Maxwell
Foods, LLC, by Certificate of Conversion recorded in Book 2736, Page 628, Wayne County Registry), party of
the first part, whose address is P. 0. Box 10009, Goldsboro NC 27532-0009, and BLUEBERRY BAY, LLC,
a North Carolina corporation, party of the second part, whose address is 18221 NC Highway 210 East, Ivanhoe,
NC 28447;
WITNESSETH:
That the party of the first part in consideration of One Hundred Dollars ($100.00) and other valuable
considerations to it in hand paid by the party of the second part, the receipt of which is hereby acknowledged,
has. bargained and sold, and by these presents does bargain, sell and convey to the party of the second part, and
its successors and assigns, that certain lot or parcel of land situated in Bladen County, North Carolina, and
bounded and described as follows:
PREPARED BY. James D. Womble, Jr.
Everett, Womble, Lawrence& Brown, LLP, Attorneys at Law
Post Office Drawer 10809, Goldsboro, NC 27532 l
1 RECEtVI'O -1 I
H:\ANNllat\Re\Sleepy Creek F�mis\Blueberry Bay - Muwell Foods deed.wpd MM .�-r
DAIS
SKGNATUR
0675 --
BK:00675-PG:0593
0593 BEGINNING at a stone, McNair comer in the center of an old road, and runs thence with the road
South 44 degrees West 0.84 chains to a stake at a fence; thence with a wire fence North 52 degrees
West 20.17 chains to a stake; thence with the wire fence North 81 degrees west 50.86 chains to
a stake; thence South 41 West 17.84 chains to a stake: thence with the wire fence North 51 degrees
West 25.14 chains to a stake Ira Long corner; thence with the Long line, a part of the Love Long
line as shown on the division plat recorded in Book of Maps No. 5, Page 62, Registry of Bladen
County, South 21 degrees 45 minutes West 39.62 chains to a stake, W. K. Evans comer of his Lot
No. 4 of the Love Long Division; thence with the Evans line South 65 degrees 45 minutes East
6.76 chains to a stake; thence with the Evans line South 27 degrees 30 minutes East 11.70 chains
to a stake; thence with the Long line South 46 degrees 30 minutes East 33.25 chains to the A. A.
Sutton Estate comer; thence with the Sutton line South 70 degrees 30 minutes East 54.84 chains,
crossing N. C. Highway No. 41, to a stump and stake; thence South 6 degrees West 1.29 chains
to a stake; thence South 86 degrees 30 minutes East 5.69 chains to a stake at the corner of a
pasture fence; thence with a pasture fence South 87 East 12.00 chains to a stake; thence North 5
degrees East 8.00 chains to a stake near and South of said N. C. Highway; thence crossing said
highway North 50 degrees West 12.00 chains to a stake, Corbett and Edmundson corner; thence
North 42 degrees East 20.00 chains to a stake; thence North 68 degrees East 2.73 chains to a
stake; thence North 23 degrees East 11.00 chains to a stone, McNair corner; thence with the
McNair line North 22 degrees 45 minutes West 11.87 chains to a stone; thence North 6 degrees
30 minutes West 5.37 chains with McNair line to a stake; thence North 1 degree East 11.68 chains
with the McNair line to the beginning, containing 710 acres, more or less. See map recorded in
Book 6 at Page 122 of the Bladen County Registry.
Save and except that property conveyed from Champion International Corporation to Champion
Realty Corporation by deed dated November 8, 1985, and recorded in Book 275, Page 503,
Bladen County Registry, and that property in deed from Champion International Corporation to
Star Telephone Membership Corporation recorded in Book 228, Page 23, Bladen County Registry.
This conveyance is made subject to restrictions and easements of record, if any, and 2011 Bladen
County taxes.
The real property described herein does not include the primary residence of the party of the first
part.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereunto belonging unto the party of the second part, and its successors and assigns, in fee simple forever.
And the party of the first part, for itself and its personal representatives and assigns, covenants to and with
the party of the second part, its successors and assigns, that it is the owner and is seized of said premises in fee
simple; that it has the right to convey the same in fee simple; that the same are free and clear from all
encumbrances; and that it will forever warrant and defend title to the same against the lawful claims of all persons
whomsoever.
H:UNNE\ee\Ro\Sk." Creek F.—\Blwberty Bay - M-11 Foods deed. N 2
0675 _
BK- 00675 PG: 0594
0594 IN TESTIMONY WHEREOF, the party of the first party has caused this Deed to be executed and
delivered by its duly authorized manager who has hereunto set his hand and seal the day and year above first
written.
MAXWELL FOODS, LLC (SEAL)
By: �_' , (SEAL)
anager
STATE OF NORTH CAROLINA
COUNTY OF WAYNE
I, LAyet -r .DP u&trrrzY , a Notary Public of the aforesaid county, do hereby certify that
J. L. Maxwell, III, manager of Maxwell Foods, LLC, a North Carolina limited liability company, personally
appeared before me this day, [X] personally known to me -OR- [ ] proved to me by satisfactory evidence, and
acknowledged to me that he signed it voluntarily for its stated purpose.
WITNESS my hand and notarial seal, this the l 14A day of MAY , 2011.
My Commission Expires:
A,RvveR 'T DA -)C,&7 ,Notary Public
Printed Name of Notary j UJ-V 8, .20 iy
HAANNE1u11te\S1.py Creek Fnms\Elee" Eey - M--11 Foods deed-N 3
111ADLN C01 NTt 03-17-2010
NORTH CAROLINA
Rcal F,tat.
1iccise 1'ac $300.00
Prepared by Whitley J. H. Ward, Attorney
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
PIN #: 1384-00-15-1096
FILED
BLADEN COUNTY
CHARITY C. LEWIS
REGISTER OF DEEDS
FILED Mar 17, 2010
AT 09.39.36 am
BOOK 00660
START PAGE 0333
END PAGE 0334
INSTRUMENT # 00753
WARRANTY DEED
4l
THIS DEED, made the J t day of March, 2010, by and between East Bladen Land
Company, a North Carolina Corporation, party of the first part; and,
George Dean Thomas and wife, Vivian Jeanette M. Thomas, whose address is 3344
Highway 210 East, Harrells, NC 28444, parties of the second part;
* WITNESSETH *
THAT said party of the first part, for and in consideration of the sum of TEN AND 00/100
($10.00) DOLLARS and other good and valuable considerations to it paid by the said parties of the
second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these
presents does hereby grant, bargain, sell and convey unto the parties of the second part, and their
heirs and assigns, that certain tract or parcel of land, situate, lying and being in Lake Creek
Township, Bladen County, North Carolina, and being further described as follows:
Being 120.0 acres, more or less, excluding right of way, as depicted on that certain
map or plat entitled "A Survey for George Dean Thomas and wife, Vivian Jeanette
M. Thomas" dated March 2010, prepared by M. Shelton Bordeaux Surveying, and
recorded in Plat Bookt14Page SAL, Bladen County Registry, which said map is
made a part of and incorporated herein by reference.
And being a portion of that 477.2 acre tract conveyed to East Bladen Land Company
by deed recorded in Book 581 at Page 717, Bladen County Registry.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and
appurtenances thereunto belonging to them, the parties of the second part, and their heirs and
assigns, in fee simple forever.
AND said party of the first part covenants that it is seized of said premises in fee simple;
that it has the right to convey the same in fee simple; that the title to the same is marketable; that the
same are free and clear from any and all encumbrances, and that it does hereby warrant and will
forever defend the title to the same against the lawful claims of all persons whomsoever.
BK- 00660 PG: 0334
IN TESTIMONY WHEREOF, the said party of the first part has caused this instrument to
be executed by its President as of the day first above written.
EAST BLADEN LAND COMPANY, a North
Carolina Cor oration
PRES E T
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
a Notary Public of the County and State
aforesaid, certify that [Name of officer], either being personally known
to me or proven by satisfactory evidence, personally appeared before me this day and
acknowledged that (s)he is President of East Bladen Land Company, a North
Carolina corporation, and that (s)he, as , President, being authorized to do so,
voluntarily executed the foregoing on behalf of the corporation for the purposes stated therein.
WITNESS my hand and official stamp or seal, this W4 day of ti ai ,SDP.
Notary Public
My Commission Expires:
C 3 j 2,3 J 2101"1