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HomeMy WebLinkAbout20131093 Ver 1_Agent Authorization Letter_20131028Burdette, Jennifer a From: Christopher Hopper [CHopper @kleinfelder.com] Sent: Monday, October 28, 2013 11:19 AM To: Thomas. 1.brown @usace. army. mi1; Burdette, Jennifer a Subject: Property leases Attachments: 0500265 - Keeter Surface RECORDED MOL.pdf; 0500268 - Keeter Surface RECORDED MOL.pdf; 0500598 - Wells Ruby Surface RECORDED MOL #2.pdf; 0501107 - Wilson Surface RECORDED MOL.pdf; 0501588 - Strickland -Floyd ROE.pdf; 0530130 - Odom Surface RECORDED MOL.pdf; 0530148 - Tinney Surface RECORDED MOL.pdf Thomas Here are the Memorandum of Lease documents for the seven properties we'll be looking at this week. Please review and let me know if these aren't sufficient to document Iluka's authority to authorize your access. Thanks! Chris Christopher Hopper, CFM Environmental Scientist 3500 Gateway Centre Blvd., Ste 200 Morrisville, NC 27560 o 919 - 755 -5011 x103 c 919 - 524 -8370 f1919- 755 -1414 900A 2 4 17 Pd6E 0 9 11111111111111111l1i1111i11111111111! lull1111111111111111111111111111111111I11f Doc ID: 003628800004 Type: CRP Recorded: 07/26/2013 at 01:41:22 PM Receipt#: 2013-00000698 Fee Amt: $26.00 Page 1 of 4 Revenue Tax: $0.00 Instr# 201300000945 Halifax, NC Judy Evans -Barbee Register of Deeds BK2417 PG97-100 &VA -46 STATE OF NORTH CAROLINA HALIFAX COUNTY Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids, NC 27870 MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0500265 This Memorandum of Option for Surface Lease (this "Memorandum") is entered into and made effective as of July 2013 (the "Effective Date"), by and among: Iluka Resources (NC) LLC, a North Carolina limited liability company ("Iluka); and Ronald Luke Keeter, Sr. and wife, Mary L. Keeter, as tenants by the entirety ("Owner"). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement") made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. The Option for Surface Lease shall terminate for any part of the Property for which the lease rights have not been exercised on the seventh anniversary date of the Effective Date shown above. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. DocNc. 00965-1-1132 BOOK 2 4 17 f ABE 0 9 8 Parcel Identification Number 0500265 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option for Surface Lease to be executed as of Effective Date. ILUKA RESOURCES (NC) LLC By: ILUKA (USA) INVESTMENTS, INC., M na ✓ �L��/� By: N me: Matthew B. Blackwell Title: President and Manager COMMONWEALTH OF VIRGINIA COUNTY OF SUSSEX I certify that the following person(s) personally appeared before me this day, and dI have personal knowledge of the identity of the principal(s) El I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a El A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Matthew B. Blackwell Date: Jo , July 2013 Notary Publi�����**.�,,� s, Printed Name: Linda Stye Nyborg< My Commission Expires: 31 March 26 tV 4 r`7� tq �A •: l L. ,. Q3 Una NOfMYPh161iC CpIMli1 W I No, Us" W oomMMMon 3*1/1016 DocNo. 00965-L-1132 BOOK 2 417 PAGE 0 9 9 Parcel Identification Number 0500265 Owner Name: Ronald Luke Keeter, Sr. By: -- Name: Mary L. Keeter STATE OF NORTH CAROLINA COUNTY OF HALIFAX I certify that the following person(s) personally appeared before me this day, and [f I have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Ronald Luke Keeter, Sr. Mary L. Keeter Date: � S July 2013 Notary Publish iaorr�l�,r Printed Name: Linda a SSUe Nyborg ♦ w, • .y •• ri My Commission Expires: 26 Ma)F �,•; z'' •r ' u 4V n J ^+ e Nd6X CW* ROM C- •+• io+"U • Q o . 201015 gy a°�+ltreiae®°®� DocNo. 00965-L-1132 61MA 2 4 17 PARE 10 0 Parcel Identification Number 0500265 EXHIBIT A TO MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0500265 That certain tract or c land lying and Wrig situate in Fauceus Township, Halifax County, North Carolina ndcularly described as follows Being Lot 43 in the Division of the said W. M- Cul tract, egirming Division 92 cotesin W. C.C. Dickens Jim, thence with #2 S. 5-15 E. 1965 feet t 0 c, # 1, #2, and 43 corner, thence wi th 4 1 S 50 E 975 feet to a stake, 4 1 com6 in G C Hux Ione, thence with G. C. Hux line N 73-10 F. 499 feel to a mulberry, thence conlinuing with G. C flux [one N, 29-15 W. 748 Feet to a staone, G. C. Hux and W C, Dickens comer; thence with W C Dickens line about K, 30 45 W 2080 feet to the beginning, coma niq 31. t 5 acres. more or le-,,. ILUKA RESOURCES (NC) LLC Owners By: ILUKA (USA) INVESTMENTS, INC., Name: R11ald Luke Keeter, Sr. Mary L. Keeter Manage. Initial: DocNo, 00965-L-1132 BOOK 2 41 7 pAof 101 IIIIIIIIIiIIIIIIIIIIAIIlIIVIIIVIII!lIIIVIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIII Doc ID: 003628810004 Type: CRP Recorded: 07/26/2013 at 01:42:55 PM Receipt#: 2013-00000698 Fee Amt: $26.00Page 1 of 4 Revenue Tax: $0.00 Instr# 201300000946 Halifax, NC Judy Evans -Barbee Register of Deeds 81<2417 Pa1o1-104 STATE OF NORTH CAROLINA HALIFAX COUNTY Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids, NC 27870 MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0500268 This Memoran um of Option for Surface Lease (this "Memorandum") is entered into and made effective as of a2,. July 2013 (the "Effective Date"), by and among: Iluka Resources (NC) LLC, a North Carolina limited liability company (" Iluka" ); and Ronald Luke Keeter, Sr. and wife, Mary L. Keeter, as tenants by the entirety ("Owner"). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement") made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property'), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. The Option for Surface Lease shall terminate for any part of the Property for which the lease rights have not been exercised on the seventh anniversary rate of the Effective Date shown above. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. DocNo. 00965-L-1133 BOOK 2 4 17 PAGE 10 2 Parcel Identification Number 0500268 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option for Surface Lease to be executed as of Effective Date. ILUKA RESOURCES (NC) LLC By: ILU(U } INVESTMEN , I , Ma By: Name: Matthew B. Blackwell Title: President and Manager COMMONWEALTH OF VIRGINIA COUNTY OF SUSSEX I certify that the following) person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s) F1 I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Matthew B. Blackwell Date: July 2013 F\ Notary Printed Name: - Linda Sue Nyborg ` jL: uG�c, • •.Jct My Commission Expires: 31 March 20f6,, COtlMlil* low � CpNM� � 3t31f�0l6 DocNo. 00965-L-1133 NOR 2 41 7 PABE 10 3 Owner Parcel Identification Number 0500268 By: Name: Ronald Luke Keeter, Sr. By A`a Name: Mary L. Keeter STATE OF NORTH CAROLINA COUNTY OF HALIFAX I certify that the following person(s) personally appeared before me this day, and D/ I have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a El A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Ronald Luke Keeter, Sr. Mary L. Keeter Date: i IS July 2013 S J�� 1 Notary E�ulrii r:`� ,!�.��.-,� �? �//// � tI U a444 4ORG 41JiJJJJJe Printed Name: Linda Sue Nyborg My Commission Expires: 26 May - 4 *.o � 60 ° IM 20iol rljli ®4190&4°g® is DocNo. 00965-L-1133 BOOK 2 4 17 PAB* 10 4 Parcel Identification Number 0500268 EXHIBIT A TO MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0500266 North " form, mvl pmTkulody &-4" x Cullom Tm:i, begMning a a wall bIrick z:,,1 W j STAIN, 1117 fev don- udild i s 1711 bel der': 5iiA U15 No.. I 'ens flop 1, No. 2, & No, 3; ihenoe eel I Ii � r , nturc w I ILUKA RESOURCES (NC) LLC By: ILUKA (USA) INVESTMENTS, INC., Manager Initial: 011C(q%16 I L 2 ai On Divi=n of W. M W111 1 Icxvrw W with lime, 6 ,6 3 G h? A, ghact vuallwq Will Vol. I WY�• .��, liiiD'! ' w *w S' 'IM E 420 foci 10 a sub, No, 1111t S 1 15 E i 963 fv a 3MV1, cMibr of No 1 i W W 1 w the twpi & comiume 31 l J Owners Name:R Id Luke Keeter, Sr. Mary L_ Keeter Initial• DocNo. 00965-L-1133 4 r�00K 2 415 PAGE 7 31 STATE OF NORTH CAROLINA HALIFAX COUNTY 1111111 111111 III IlIII VIII VIII VIII VIII VIII VIII VIII ilill lilllDoc ID: llill 1111 1111 pe: CRP Recorded: 07/16/0T09 2013at:14:24 AM Rec2013-0000401 I4 FeeAt: $.00Paof 4 Revenue Tax: $0.00 Instr# 203300000534 Halifax, NC Judy Evans -Barbee Register of Deeds SK 2415 PG731-734 Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids, NC 27870 MEMORANDUM OF SURFACE LEASE OPTION Parcel Identification Number 0500598 This Memorandum of Surface Lease Option (this "Memorandum") is entered into and made effective as of July 2013 (the "Effective Date"), by and among: Iluka Resources (INC) LLC, a North Caro ina limited liability company ("Iluka"); and Ruby Olis I. Wells, an unmarried woman ("Owner'). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement') made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property'), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Doc No. 00965-L-1127 2 415 PAGE 7 3 2 Parcel Identification Number 0500598 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Surface Lease Option to be executed as of Effective Date. ILUKA RES S (NG) LLC By: luk SA) Invostme , By: w Name: Matthew B. Blackwell Title: President and Manager COMMONWEALTH OF VIRGINIA COUNTY OF SUSSEX I certify that the following person(s) personally appeared before me this day, and 19/ 1 have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of erson s signing document here Matthew B. Blackwell Date: _I I July 2013 Doc No. 00965-.-1127 Notary Publ Printed Name: Linda Sue Nyborg My Commission Expires: 31 March 2 Lill" SW ry Ptft No Fcamn"M Expires 31311!016 2 4 i 5 PiE 7 3 3 NOTICE ADDRESS: 12495 Hwy 48 Littleton, NC 27850 Telephone Number: (252) STATE OF NORTH CAROLINA COUNTY OF HALIFAX Parcel Identification Number 0500598 Owner Ruby Olis 1. Wells By: 4�. cX. , .stn. --- Rose L. Inscoe, Attorney -in -Fact for Ruby Olis I. Wells 14661 t 1-0� a i Barbara Ann L. Green, Attorney -in -Fact for Ruby Olis I. Wells I certify that the following person(s) personally appeared before me this day, and B/ I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names ofperson(s) signing- document here Rose L. Inscoe i Barbara Ann L. Green Date:: �.1- Doc No. 00965-L-1127 July — 2013 L '4 `, 11i0eiit r �®ae :tt®to Notary Publi 1 �,� 1,1 Printed Name: Linda Sue Nyborg My Commission Expires: 26 May 201 EE ° ~ g Commission No. 20t018200020MY tteeeoeas Cwrmssion Expires 15 - 100K 2 415 PAGE 7 3 4 Parcel Identification Number 0500598 EXHIBIT A TO MEMORANDUM OF SURFACE LEASE OPTION Parcel Identification Number 0101320 LEGAL DESCRIPTION the J.Lrjk�� Of j,AVjd lje�S and, 0-herS, and ;�o n j - kk. ded xray. deocrhbecl as, f ojjccwe., wi I- ! Vfln'm-S an Lo-- No- 2. i 'WI --rFj Rf"' 0 !;tak,L-, zuriaLng N 4 E I qr, t:a N I I E 4 � Pol e!'; Lr- David fler, C:DYrver.: L h e f c e h -i -i .fie 14 81 1 ," 2, W 7 7 po e Lc- a sr-ak-&, cornar of- ),DL NO -1, hence with the linc. of Lx 1. 21 � Iq , Ka the mcjrq ,nr �,er3-ci it I-,eirj,- zhe lirez t.'L-act deacrib-ed `n a dead frc-.,.,n J,P., 'ek-11ou and vo.fe- to and C - E. Drvqoar' dated '-Uqua" 8, and rec-Drded, `i rt Chie offlc,e of the oi!- rpe-eds of ,Aa-' i tax CDu-nt� Noytt',- cavnina, in ac -'0.1- 394, Page - C6-1, -c-, pdhich re f e i-ence hereby made. Re -f &i-ence roc a1--0 Tade --c- tha t0. ---rt in 0 be Ce��'J IlLdEle M'ld b% C.E. Phte%qer c,2 C.--. Eedl\ dQU�-d 6, 194=3, arld In L-hc .)fficu uoid of DuoA2� of Acknowledgment of legal description: ILUKA RESOURCES (NC) LLC By: ILUKA (USA) INVESTMENTS, INC., Manager Initial: 4 — DoqNo. 00965-L-1127 4 1 Owner Name: Rose L. Inscoe Barbara Ann L. Green Initial: -gxj- -... BAI-(g- BOOK 2 4 17 PAGE 1 1 3 Doc ID: 003628830004 Type: CRP Recorded: 07/26/2013 at 01:48:19 PM Receipt#: 2013-00000698 Fee Amt: $26.00Page 1 of 4 Revenue Tax: $0.00 Instr# 201300000948 Halifax, NC Judy Evans -Barbee Register of Deeds BK2Ti / PG113-1 i6 STATE OF NORTH CAROLINA HALIFAX COUNTY Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids, NC 27870 MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0501107 This Memorand m of Option for Surface Lease (this "Memorandum") is entered into and made effective as of July 2013 (the "Effective Date"), by and among: Iluka Resources (NC) LLC, a North Carolina limited liability company ("Iluka"); and Constance K. Wilson, aka Connie Kramer Wilson, an unmarried woman ("Owner"). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement') made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. The Option for Surface Lease shall terminate for any part of the Property for which the !ease rights have not been exercised on the seventh anniversary date of the Effective Date shown above. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. DocNo. 00965-L-1129 BOOK 2 41 7 (A61 l 14 Parcel Identification Number 0501107 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option for Surface Lease to be executed as of Effective Date. ILUKA RESOURCES (NC) LLC By: ILUK SA) INVEST ENTS, NC., Mal a ge By: ' Name: Matthew B. Blackwell Title: President and Manager COMMONWEALTH OF VIRGINIA COUNTY OF SUSSEX I certify that the following person(s) personally appeared before me this day, and dI have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Matthew B. Blackwell Date: C Notary Publ c. Printed Name: Linda Sue NyborgIA- �a l My Commission Expires: 31 March 2016 0 '•, �� \�� •. e 1' ,CO'.i 110 DocNo. 00965-L-1129 600K 2 417 PAK 1 15 Owner Parcel Identification Number 0501107 Name: Constance K. Wilson, aka Connie Kramer Wilson STATE OF NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, and n 1 have personal knowledge of the identity of the principal(s) F3 I have seen satisfactory evidence of the principal's identity, b a current state of federal identification with the principal's photograph in the form of a N--- t(ojC.C5 u A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Constance K. Wilson Date: �i July 2013 r Notary Pu lic: r Printed Name: Linda Sue Nybcarr °°°•`� My Commission Expires: 26 Nlay�ZhlgMWO ' t4't6 No. 201015200020 Vj.CVM1i6" E4110" 5 QocNo. 00965-L-1129 80 2 417 PAU[ 1 16 Parcel Identification Number 0501107 EXHIBIT A TO MEMORANDUM OPTION FOR SURFACE Parcel Identification Number 0501107 BEING ALL 0J]nA ", containing 67.090 acres, accoxiding to that certa rve�r nd plat entitled, "Survey For Tom Wilson and Co 'e lson, Virginia Lee Tfnney, mark W. Gee and Samant . J. e. Paucetts Township, Halifax County, EVC," under an e r 11, 2005, and drawn by Kenneth W. Odbm, Jr., Pro real nand Surveyor, b-3652, for Odom Land Surveying y, Roanoke Rapids, NC, said survey and plat i,s recoea d In lat Cabinet 6, Slide 141-A of the Halifax County Public gi ry, to which said surrey and pkat reference is hereby h nd made and as a part of this description for greater certainty. ILUKA RESOURCES (NC) LLC By: ILUKA SA) INVESTMENTS, INC., (Ulan Initial: DocNo. 00965-L-1129 4 Owners Name: Constance K. Wilson Initial: C44 -11i I a]ZC1 Halifax County Tax Map Parcel 0501588 , 2013 RIGHT -OF -ENTRY In consideration of the mutual promises contained herein and intending to be legally bound, the undersigned (collectively and individually, the "Owners") hereby grant to Iluka Resources Inc. ("ILUKA"), its contractors, employees, agents and assigns, permission to enter upon the property described as: See Exhibit A the "Property"), for the purpose of: Performing geophysical investigations, boundary line and environmental surveying and wetland delineations. (the "Permitted Work"). This right -of -entry shall not permit installation of any other facilities or performance of any work other than the Permitted Work. ILUKA shall obtain any required permits and approvals to perform the Permitted Work. This right -of -entry shall expire automatically upon the earlier to occur of (i) Six (6) Months from the date of this right -of -entry, or (ii) execution of a lease or other agreement between ILUKA, the Owners, and any other necessary parties for the mining of minerals or other activities on the Property. This permission is granted based upon ILUKA's agreement to (i) repair and restore, or cause its agents or assigns to repair and restore, if necessary, any area or item damaged or destroyed in exercising this right to enter the Property, and (ii) be responsible for all costs related to the Permitted Work. ILUKA and its agents and assigns shall enter the property at their own risk and only for the purposes stated herein. ILUKA shall be responsible to the Owners for ILUKA's acts and the acts of ILUKA's agents and assigns, including any failure to fulfill the obligations specified herein. Owners warrant that he/she/they/it possess the full legal authority to enter into and bind Landowner to the terms of this right -of -entry and has/have taken all necessary actions as may be necessary to authorize the grant of the right -of -entry. Iluka Resources Inc. • 12472 St John Church Road • Stony Creek, VA 23822 T: (434) 348-4300 F: (434) 246-3039 www.iluka.com This right -of -entry may be executed in several counterparts, each of which shall be deemed to be an original copy and all of which together shall constitute one and the same instrument. This right -of -entry is granted with the free consent of Owners. Signature: Ronnie L. Floyd Si-Inature: Z7 0,10 tj Name: Tiffany E. i • Address: 1419 S. Main St. Wake Forest, NC 27587 Phone: (919)637-6159 Seen and Agreed: Iluka Resources Inc. Name: Paul Warme Title: Vice President Finance 12472 St. John Church Road Stony Creek, Virginia 23882 (434)348-4300 Exhibit A Parcel 0501588, Halifax County, NC Acknowledgment of legal description: fluka Resources Inc. By: —M-althew-BBlackwefl, \S\u,Presidents Initial:(a,-- (Owner] Names, Ronnie ,L, Floyd A Initial: AL Tiffany E. Noyd IR F___ Ro BOOK 2 4 13 PASE 5 5 d Doc ID: 003616330004 Type: CRP Recorded: 06/20/2013 at 02:21:02 PM Receipt#: 2012-00009149 Fee Amt: $26.00 Page i of 4 Revenue Tax: $0.00 Instr# 201200011896 Halifax, NC Judv Evans -Barbee Register of Deeds BK2413PP-550-553 STATE OF NORTH CAROLINA �. RKLW� k�q� HALIFAX COUNTY ,/Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids, NC 27870 MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0530130 This Memorandum of Op ' n for Surface Lease (this "Memorandum") is entered into and made effective as of - �_q_ 2013 (the "Effective Date"), by and among: Iluka Resources (NC) LLC, a North Carolina limited liability company ("Iluka"); and Richard M. Odom, an unmarried man ("Owner"). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement") made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. The Option for Surface Lease shall terminate for any part of the Property for which the lease rights have not been exercised on the seventh anniversary date of the Effective Date showrr above. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. DocNo. 00965-L-1126 BOOK 2 413 PABE 5 5 l Parcel Identification Number 0530130 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option for Surface Lease to be executed as of Effective Date. ILUKA RESOURCES (NC) LLC By: ILUKA (USA) INVESTMENTS, INC., (—M87 ger By: Name: Paul Warme Title: Vice President Finance and Manager COMMONWEALTH OF VIRGINIA COUNTY OF SUSSEX I certify that the following person(s) personally appeared before me this day, and 19" 1 have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: .......-.. _......... ...... Print Names of person(s) signing document here Paul Warme Date: a _ June 2013 Notary Pubiic Printed Name: Linda Sue Nyborg ,:i 4o My Commission Expires: 31 March 2 b`" ; 3�� ;1 t r'�9 116.5 3l31i'201� DocNo. 00965-L-1126 BOOK 2 4 13 PASS 5 5 2 Owner Parcel Identification Number 0530130 STATE OF NORTH CAROLINA COUNTY OF HALIFAX I certify that the following person(s) personally appeared before me this day, and 17 1 have personal knowledge of the identity of the principal(s) have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a �1 A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated; Print Names of person(s) signing document here Richard M. Odom Date: ur`-C (;Z, 11 2013 � f ,,NO�tTlir,y�,, 01 PU��,0: G 09�� . DocNo. 00865-L-1126 Uri •� 'mu .} is id�'vB4:i''. Printed Name:. My Commission Expires:1 BOOK 2 4 13 PAGE 5 5 3 Parcel Identification Number 0530130 EXHIBIT A TO MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0530130 That certain tractor parcel of land lying and being situate on the )cast side of N. C. State Road # 1611 and containing 0.59 Acres as shown and designated on that plat entitled "Map Showing Property of Richard Odom" prepared by William Hunter Traylor, Professional Land Surveyor, dated January 14, 2007 and recorded in Plat Cabinet 6 , Slide/0- , Halifax Public Registry. The above described real property is a portion of the Fourth Tract in those two (2) deeds to Joseph Roger Hawkins recorded in Book 1630, Page 106 and Book 1852, Page 691, Halifax Public Registry; reference to said plat and deeds being hereby made for a greater certainty of description. and That certain tract orparcel of land lying and being situate on the East side ofN_ C. State Road #1611 and containing 1.83 Acres as shown and designated on that plat entitled "Map Showing Property of Roger Joseph Hawkins to Be Conveyed to Richard Odom" prepared by William HunterTraylor, Professional Land Surveyor, dated May 24, 2005 and recorded in flat Cabinet 6, Slide 133-R, Halifax Public Registry. The above described real property is a portion of the Fourth Tract in those two (2) deeds to Joseph Roger Hawkins recorded in Book 1630, Page 106 and Book 1852, Page 69 t, Hali fax Public Registry; reference to said plat and deeds being hereby made for a greater certainty of description. Being the same property shown as Parcel 0530130, containing approximately Two and 42/100(2.42) acres as described on plat entitled "Plat Showing Property Surveyed For ILUKA RESOURCES (NC) LLC Property Of Richard M. Odom," prepared by Jonathan C. Waters Professional Land Surveyor, dated May 2, 2013 , and recorded in Plat Book 2013, Page 94 Halifax County Registry. Less and Except all portions of the property not included within "Area To Be Leased, 1.00 Acres+-" shown on the above-named Plat ILUKA RESOURCES (NC) LLC By: ILUKA (USA) INVESTMENTS, INC., i er _*,� DocNo. 00965-L-1126 4 Owners Name: Richard M. Odom 600X 2 4 2 1 PAGE 4 3 9 IIIIIIIIIIIIIIIIIIIIIIIIIfIIIIIIiiIfllNlllllllflllllllllllllfNlill�lllllllll Doc ID: 003639030005 Type: CRP Receipt#: 20!3200001941 10:37:24 AM Fee Amt: $26.00 Page i of 5 Revenue Tax: $0.00 Instr# 20!300002501 Halifax, NG Judy Evans—Barbee Register of Deeds BK2421 PG439-443 7L STATE OF NORTH CAROLINA �./{�/ j/{� HALIFAX COUNTY r i Prepared by and returned to: Iluka Resources [NCJ LLC, 413 Becker Drive, Roanoke Rapids, NC 27870 MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0530148 This Memorandum of Option for Surface Lease (this "Memorandum") is entered into and made effective as of August 2013 (the "Effective Date"), by and among: Iluka Resources (NC) LLC, a North Carolina limited liability company ("Iluka"}; and Thomas Seay Tinney and wife, Virginia Lee Tinney; Helen H. Tinney, an unmarried woman (collectively "Owner"). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement") made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. The Option for Surface Lease shall terminate for any part of the Property for which the lease rights have not been exercised on the seventh anniversary date of the Effective Date shown above. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. DocNo. 00965-L-1135 BOOK 2421 WE440 Parcel Identification Number 0530148 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option for Surface Lease to be executed as of Effective Date. ILUKA RESOURCES (NC) LLC By: ILUKA (USA) INVESTMENTS, INC., M By: Name: Matthew B. Blackwell Title: President and Manager COMMONWEALTH OF VIRGINIA COUNTY OF SUSSEX I certify that the following person(s) personally appeared before me this day, and 2 1 have personal knowledge of the identity of the principal(s) ❑ 1 have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Matthew B. Blackwell Date: 0 August 2013 Notary Publi Printed Name. Linda Sue Nyborg My Commission Expires: 31 March 2016 NWWYPubk No. ktY «°�1l20113 docNo. 00965-L-1135 BGGA 2 4 21 PAGE 4 41 Owner Parcel Identification Number 0530148 Name: Thomas Seay Tinney I I .A , t Icy:v t< CU cX Name: All Lee Tinney NOTICE ADDRESS: 515 McEachern Court Wilmington, NC 28412 Telephone Number: (914) 279-1793 STATE OF NORTH CAROLINA COUNTY OF - Nw �onojy- I certify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, b curren state or federal ide tification with the principal's photograph in the form of a L-Cn-fe FJ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Thomas Seay Tinney Virginia Lee Tinney Date: August 2013 Gross NOTARY PoL, I' anove,MYCOMM IS-SIV, c�1,: C.. G 2( DocNo. 00965-L-1135 Notary Public: Printed Name: My Commission Expires: �0 BOOK 2 4 2! PAGE 4 4 2 Owner Parcel Identification Number 0530148 By. Int' -u, \� , � Name: Helen H. Turney NOTICE ADDRESS: 1018 Robert E. Lee Drive Wilmington, NC 28412 Telephone Number: (910) 799-8043 STATE OF NORTH CAROLINA COUNTY OF r �o.e, I certify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s) ! have seen satisfactory evidence of the principal's identity, bX r n tate or federal ide tification with the principal's photograph in the form of a �,�/� -11 CP ;•:-e A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Helen H. Tinney Date: August 2013 Notary Public: Printed Name: My Commissio '� 02125'241 � DocNo. 00965-L-1135 869K 2 4 2 1 PAGE 4 4 3 Parcel Identification Number 0530148 EXHIBIT A TO MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0530148 DE&O ALL OF '-rRACT 8", contairflng 33,550 acres, according to &at certain survey and plat entitled, "Survey For Tom S. Vrlls*n and Connie K. Wilson, Virginia Lee Tinney, Mark W. Get and Sarnantha j. ciee, Fauceft Township, Halifax County, Nunder date of November 11, 2005, and drawn by Kenneth W. Odom, Jr., Professional Land Surveyor, L-3652, for Odom LAM stirvey1Co tIF 14Roapok ids NO said move and let' 74 I Afl. 111111177, Ery .4 Y tc", 7:1 /` —j.E TITTVITMY I j7j;tL'41,ksT��i ; Subject property hcTtAn described and F1 f4 including, but not limited to, thou ocrtaiii riparian rights relative to Log House Branch aW Marsh Swamp. Iluka Resources (NC) LLC By: Iluka SgInvestments Inc., . XMma Initial: DocNo. 00965-L-1135 Owners Names: Thomas Sealy Tinney Virginia Lee Tinney -V— . (�j Helen H. Tinney