20090858 Ver 2_Conservation Easements_20140218

STATE OF NORTH CAROLINA
COUNTY OF ORANGE
ASSIGNMENT AND ASSUMPTION OF CONSERVATION EASEMENT
AND RELATED DOCUMENTS
EBX -EM, LLC, a Delaware limited liability company (the "Assignor "), having an
address of 10055 Red Run Blvd., Suite 130, Owings Mills, MD 21117, hereby sells,
transfers, assigns, and conveys to NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, a North Carolina 5010 organization (the "Assignee'), having an
address of PO Box 29187, Greensboro N.C. 27429, without recourse or warranty, express
or implied, all of Assignor's right, title, and interest in and to the easements (whether one
or more, herein so called) identified in Exhibit A, attached hereto and made a part hereof,
including any amendments, supplements and restatements thereof (collectively, the
"Easement Documents "). Assignee hereby agrees to such assignment and assumes all of
Assignor's right, title, and interest in and to the Easement Documents. Assignee
acknowledges and agrees that the Easement Documents require Assignee to continue in
perpetuity the conservation purposes described in the Easement Documents.
[Remainder of Page Intentionally Left Blank]

IN WITNESS WHEREOF, this Assignment is executed by Assignor and
Assignee effective as of the day of 2013.
EBX -EM,
a Delawat
BY
Nar
STATE OF Wa Uu re,
COUNTY OF S0S C-_.)C
company
I, the undersigned, a Notary Public of the County and State aforesaid, 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, 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);
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
[insert name of principal].
Date: I-- 2 -ZD t'>
Public
(official seal)
(print name)
My
A LrX
O-IIA)WMO
THOMAS A. ROTH
Notary Public
State of Delaware
My Commission Expires on May 26, 2014

NORTH CAROLINA WILDLIFE HABITAT FOUNDATION
a North Carolina 501(C)3 Organization
BY:
WA-
Name:
Title:
STATE OF /Y c
COUNTY OF (;1kJLL
I, the undersigned, a Notary Public of the County and State aforesaid, 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, by a current
state or federal identification with the principal's photograph in the form
of a
C
A credible witness has sworn to the identity of the principal(s);
acknowledging to me that he or she voluntarily signed th f egg�om$$ document for the
purpose stated therein and in the capacity indicated: -jI,VYY oVL
[insert name of principal]. n
Date: � _d Y "J-3
Public
(print name) 22
(official seal) My commission expires:_d
E KELLY F. PERRYMAN
ary Public. North Carolina
Davidson County
My Co mission Expir s

Exhibit A
Conservation Easement dated May 14`h, 2010 by and between Carl Brady Lloyd and
Laura Ewer Lloyd, husband and wife and EarthMark North Carolina, LLC, a North
Carolina limited liability company, recorded on May 17, 2010 at Book RB4946, Page
513, Orange County Registry, such Conservation Easement subsequently assigned to
EBX -EM, LLC, a Delaware limited liability company, under an Assignment and
Assumption Agreement dated July 26, 2012 and recorded in Deed Book 5411 Page 467
in Orange County Registry.

Prepared by and after recording return to:
Kilpatrick Stockton LLY (]Ali)
3737 Glenwood Avenue, Suite 400
Raleigh, NC 27612
Il���l��l�l��ll�����l�llllllly�l�llllllulll
t4ly
Bk�RB4946 Pg 513
05117/2010 04:37:27 PM 1/14
M i
STATE OF NORTH CAROLINA
COUNTY OF ORANGE !� ��., iS'b • ? DQZy
Revenue: $396.00
CONSERVATION EASEMENT'-`"
THIS CONSERVATION EASEMENT (. "Consuvatioril0sement ") made this f 4"day
�
of Ma_ 2010 by and between Carl,'$i'ddyt.Ioyti and Laura Ewer Lloyd, husband and
wife ( "Grantor ") and Eathmark North CArohila, LLC; a North Carolina limited liability
company (Grantee).
The designation Grantor
successors and assigns, and sh
required by context. ,
WHEREAS,
Orange County,
incorporated h m i
used herein shall include said parties, their heirs,
ir,tlural, masculine, feminine or neuter as
ee simple certain real property situated, lying and being in
particularly described on Exhibit A attached hereto and
EREA Grants a company whose purpose is the conservation of property, and is
be the G e. f a conservation easement pursuant to N.C. Gen. Stat. § 121 -35;
WHFS S, for and Grantee recognize the conservation, scenic, natural, or
aestheti c value property in its natural state, which includes the following natural
communities: riparian buffer areas adjacent to streams and drainage-ways. The purpose of this
Conservation Easement is to maintain wetland and/or riparian resources and other natural values
USMInInNA

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of the Property, and prevent the use or development of the Property for any purpose or in any
manner that would conflict with the maintenance of the Property in its natural condition.
WHEREAS, the preservation of the Property is required in accordance with the
Agreement to Establish the Cape Fear Riparian Buffer and Nutrient Mitigation Umbrella
Banking Instrument HUC 030300. The Nutrient Mitigation Bank is intended to be used to
provide mitigation for nutrient offsets due to development (both existing and proposed) within
the Cape Fear River Basin.
NOW, THEREFORE, for and in consideration of the covenants and repre t�tions
contained herein and for other good and valuable consideration, the receipt and 1 ga of �cienc
of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably gran
conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conser�atid
Easement of the nature and character and to the extent hereinafter set forth, kprtj0 -Pro
described on Exhibit A attached hereto and incorporated herein by reference, ii gaf e V Rh the
right to preserve and protect the conservation values thereof, as foltAs:
ARTICLE 1.
DURATION OF EASEMEISIT
i�
This Conservation Easement shall be perpetual.,This conservation " Easement is an
easement in gross, runs with the land and is enforcearIAv drantce aga#ir t Grantor, Grantor's
personal representatives, heirs, successors and assigns, lessees, agents: and licensees.
ARTTII (LE I';
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the perty"tnconsis[eryiwith the purpose of this
Conservation Easement is prohibite4 _The`lp rqq y shA be preserved in its natural condition
and restricted from any development that�6'. Id impair or interfere with the conservation values
of the Property, l
�
Without limiting the erality oi�jforev
going, the following activities and uses are
expressly prohibited, restWActe4 ,reserved)) indicated hereunder:
A. Disturbance o aturarl eatures. Any change disturbance, alteration or
impairment of the mttz affeaha • f the Property or any introduction of non - native plants
and/or animal sg€cies u promo t� tte .
B. Co vctio ere shall be no constructing or placing of any building, mobile
home, alt or con 4te p vement, billboard or other advertising display, antenna, utility pole,
tower, t, line, pio , landing, dock or any other temporary or permanent structure or facility
on or above e o
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
usmoamersaa

I►Iq ppilIIIIIIBlllII{NIII
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on
the property; nor enlargement or modification to existing roads, trails or walkways.
G. Signaee. No signs shall be permitted on or over the Property, exce f a posting
of no trespassing signs, signs identifying the conservation values of the Property, sr s iving
directions or proscribing rules and regulations for the use of the Property and/or signs
identifying the Grantor as owner of the property. >>
H. Dumping or Storage. Dumping or storage of soil, trash, ashes�a —r tge; �v3ste,
abandoned vehicles, appliances, machinery or hazardous substances; qr toxic ox. Fazardous
waste, or any placement of underground or aboveground storage tanks or, other materials on the
Property is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, grail, rock, peat,
minerals or other materials, and no change in the topography ofthe land in any manner on the
Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pastern. There shall K2 no diking, draining,
dredging, channeling, filling, leveling, pumping, impiunding or related activities, or altering or
tampering with water control structures or�lewices,,oi disruption or alteration of the restored,
enhanced, or created drainage patterns„ AI addition, diverting or causing or permitting the
diversion of surface or underground AteNnlq; within or out of the easement area by any means,
removal of wetlands, polluting or dischar ii �. nto waters, springs, seeps, or wetlands, or use of
pesticide or biocides is prohibited:
K. Develo ment ts. N�eYelopment rights that have been encumbered or
extinguished by this Con ry a i Easeme shall be transferred pursuant to a transferable
development rights se c de opment arrangement or otherwise.
L. Ve ' s- The -pion of mechanized vehicles, including, but not limited to,
motorcycles, di r - terrain vehicles, cars and trucks is prohibited, other than for
temporary asion ccess for purposes of maintaining the easement area.
Other hihKtions. Any other use of, or activity on, the Property which is or may
becom sistent w the purposes of this grant, the preservation of the Property
substantiall na a] condition, or the protection of its environmental systems, is
prohibited.
Ud'M "319".4

IggippNatlll l
ARTICLE III.
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the property for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to quiet
enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on
the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part,
provided such sale, transfer or gift conveyance is subject to the terms of and shall s cifically
reference, this Conservation Easement. %
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantee, its su2�ceisi
and assigns, the right to construct a nutrient offset mitigation bank on the P party, in
accordance with the "Agreement to Establish the Cape Fear Riparian Buffer r ! utriwt�
Mitigation Umbrella Banking Instrument HUC 030300'' and the "Carl Lloyd � 161.ParoX- —
Bank Parcel Development Package" both submitted August, 2009. ,
ARTICLE IV.
GRANTEE'S RIGHTS,J
The Grantee or its authorized representatives, successors and assii its, and the North
Carolina Division of Water Quality (the "DWQ "), sh?.11'have't�e`rigltt 1o. enter the Property at all
reasonable times for the purpose of inspecting said,pi pbrty4o detennihe if the Grantor, or his
personal representatives, heirs, successors, or ass4gri`s is comp)}: ng with the terms, conditions,
restrictions, and purposes of this Conservation Easement. The�Grantee shall also have the right
to enter and go upon the Property for purpogIs tf ili*ng scientific or educational observations
and studies, and taking samples. The errs nteitt rights'granted herein do not include public
access rights.
V.
D REMEDIES
A. To accomplish ke purposek �f this Easement, Grantee is allowed to prevent any
activity on or use of the rtopc * that is inconsistent with the purposes of this Easement and to
require the restoration cYf su�ali aieas rn frpatures of the Property that may be damaged by such
activity or use. Upon any bre of the terms of this Conservation Easement by Grantor that
comes to the atte on o e_ r_an , the Grantee shall notify the Grantor in writing of such
breach. The G for II have 30 days after receipt of such notice to correct the conditions
constituting c ach`th� breach remains uncured after 30 days, the Grantee may enforce
this Cons ation men appropriate legal proceedings including damages, injunctive and
other r e Notwiths ding the foregoing, the Grantee reserves the immediate right, without
notice, to a tent rary restraining order, injunctive or other appropriate relief if the breach
of the term o t ervation Easement is or would irreversibly or otherwise materially
impair the bene its to be derived from this Conservation Easement. The Grantor and Grantee
acknowledge that under such circumstances damage to the Grantee would be irreparable and
remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder
US2M soovte

II�����I�I� J���U��IINIIIIIIINIilllllllll III
R64946 517 5114
shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in
connection with this Conservation Easement. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor,
provided Grantor is determined to be responsible for the breach. The DWQ shall have the same
right to enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof
shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof
or affect the right to Grantee to enforce the same in the event of a subsequent breacll,"or default.
C. Nothing contained in this Conservation Easement shall be constru@a i���title '
Grantee to bring any action against Grantor for any injury or change in the Property res`u i
from causes beyond the Grantor's control, including, without limitation, frrc;ilood, storm &;
acts of God or third parties, except Grantor's lessees or invitees; or from an}k�r' entactieu
taken in good faith by Grantor under emergency conditions to prevent, abate,' z Mg e/
�
significant injury to life, damage to property or harm to the Propettv'resulting ° such causes.
ARTICLE VI.
ACCESS AND CONSTRUCTION EkSEMENTS
A. Grantor hereby gives, grants, bargains, sells and, conveys t4 Grantee a permanent
right and easement over and upon the land designated,as• 1Sccbss'Eagemehts as shown on
Exhibit A attached hereto and incorporated herein by refeibnce, Tor -use by Grantee, its
successors and assigns for access to the Property tSi dny pdrpese the "Access Easement "). The
Access Easement herein conveyed includes, but as not limited to, the right and privilege by
Grantee, and third parties to access the Property Arearas necessary or convenient for Grantee.
This Access Easement runs with the land atrdf is erifb. iteable by Grantee, its successors and
assigns, and/or third parties against Graki r, Grantor's successors and assigns.
B. Grantor hereby gives, grants bargains, sells and conveys to Grantee a permanent
right and easement over and up • n the jah o ed by Grantor twenty (20) feet in all directions
from the Property, for use by rantee, it§�cce ors and assigns for access to the Property for
any purpose, including but not limited to t construction upon the Property and for all purposes
related to the Conservat' n Ea etls�nt (the,,' onstruction Easement "). The Construction
Easement herein conve ed` lu ;_1ruCrs not limited to, the right and privilege by Grantee, and
Third Parties to access the Pr as necessary to monitor, maintain (including the use of
construction equ,' ern _2r DaIr e Property, and during said construction, to go onto the
Grantor parcel ith4Eicles, heavy equipment, machinery, construction supplies and building
materials (co 931 rely 'h1 tfi +' .Construction Activities "). This Construction Easement runs with the
land and enforce by grantee, its successors and assigns, and /or third parties against
Granto tor's suc1�ssors and assigns.
U92MB WOW 4

N��1�I�I11� I�I�NIIIIII�Nlllllll IIII III
ARTICLE VII. R64946 616 6114
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property
in fee simple, and that Grantor either owns all interests in the Property which may be impaired
by the granting of this Conservation Easement or that there are no outstanding mortgages, tax
liens, encumbrances, or other interests in the Property which have not been expressly
subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have
the use of and enjoy all the benefits derived from and arising out of this Conservati o,pp Easement,
and that Grantor will warrant and defend title to the Property against the claims of�%al'I.persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of &S.
Conservation Easement in any deed or other legal instrument that transfers Wy.knterest in all of
a portion of the Property. The Grantor agrees to provide written notice of sd*tra Sfer- at.least
thirty (30) days prior to the date of the transfer. The Grantor and Grantee ag4t;hpi tTiie,tBerms of
this Conservation Easement shall survive any merger of the fee and easement in rests in the
Property or any portion thereof and shall not be amended, modified or-rerminated. without the
prior written consent and approval of the DWQ.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable pro�xdde however tl-,Ai the Grantee hereby
covenants and agrees, that in the event it transfers or,, IgVs toys ConseE anon Easement, the
organization receiving the interest will be a qualifwAo ?femder'Nt. Gen. Stat. § 121 -34 et
seq. and § 170(h) of the Internal Revenue Code, snd the Grra btee falrther covenants and agrees
that the terms of the transfer or assignment wil by sucbNhat the, transferee or assignee will be
required to continue in perpetuity the conservafiotil ores described in this document.
D. Entire Agreement and
agreement of the parties with respecte
discussions, negotiations, understand
If any provision is found to be 'aid'o
remainder shall continue in fqf force
This iii'strument sets forth the entire
,ation Easement and supersedes all prior
cents relating to the Conservation Easement.
e by a court of competent jurisdiction, the
E. Oblation' of wnershi . )Grantor is responsible for any real estate taxes,
assessments, fees, or char evled arikte Property. Grantor shall keep the Property free of
any liens or other encumbranc or obligations incurred by Grantor. Grantee shall not be
responsible for _ ncrc nr liah' ' of any kind related to the ownership, operation, insurance,
upkeep, or ma' enan f the Property, except as expressly provided herein. Nothing herein
shall relieve e for th,9zobligation to comply with federal, state or local laws, regulations
and perm }lts that in ply X the exercise of the Reserved Rights.
'I
xtin hment. In the event that changed conditions render impossible the
continued use operty for the conservation purposes, this Conservation Easement may
only be extinguis ed, in whole or in part, by judicial proceeding.
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R34946�I519 7/���uIII������IIIII��������
RB4 @46 5i9 7/74
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of
eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to
recover the full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent
domain, Grantee shall be entitled to the fair market value of this Conservation Ease en,. The
parties stipulate that the fair market value of this Conservation Easement shall be � rm ned b,
multiplying the fair market value of the Property unencumbered by this Conservatto d�ement
(minus any increase in value after the date of this grant attributable to improvements)
ratio of the value of this easement at the time of this grant to the value of tlig Property (withoti
deduction for the value of this Conservation Easement) at the time of this gra%t e valu5 at
the time of this grant shall be the values used, or which would have been used to c'alcuiate a
deduction for federal income tax purposes, pursuant to Section 170(h) -of the Intornal Revenue
Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the
proceeds in a manner consistent with the purposes of this Conservation Easement
1. Notification. Any notice, request for approval, or other communication required
under this Conservation Easement shall be sent by registered 0. certified ,nail, postage prepaid,
to the following addresses (or such address as may be hereafter. specifacd by notice pursuant to
this paragraph):
To Grantor:
Carl and Laura Lloyd
1600 Holly Creek Lane
Chapel Hill, NC 27516
To Grantee:
Earthmark North Caro11
Doug Cordello, Presi nt
1960 Derita Road !
Concord, NC 28
DWQ4 nd s:�press Permitting Unit
2321 _ btree d., Suite 250
Mr.
7. `�Pailure , Grantee. If at any time Grantee is unable or fails to enforce this
Cons )n a t, or if Grantee ceases to be a qualified grantee, and if within a reasonable
period of time after the occurrence of one of these events Grantee fails to make an assignment
pursuant to this Conservation Easement, then the Grantee's interest shall become vested in
USM 93UN 4

P84946 Sn 8/
another qualified grantee in accordance with an appropriate proceeding in a court of competent
jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a
writing signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any applicable
laws, and is consistent with the conservation purposes of this grant.
L. Present Condition of the Proyerty. The wetlands, scenic, resource,
environmental, and other natural characteristics of the Property, and its current usq%dd state of
improvement, are described in the "Agreement to Establish the Cape Fear Riparian ffer and /` )
Nutrient Mitigation Umbrella Banking Instrument HUC 030300" and the "Carl Lloyd f�
Parcel — Bank Parcel Development Package" both submitted August, 2009 aad acknowle d'
by the Grantor and Grantee to be complete and accurate as of the date hereof: Botji firatttox and
Grantee have copies of this report. It will be used by the parties to assure that'anpfiturc; `
changes in the use of the Property will be consistent with the terms o this Conservation
Easement. However, this report is not intended to preclude the use of other eviden:e to establish
the present condition of the Property if there is a controversy otvr its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
/f ` \
UQWi93"93.4
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► RBI94�I�l�l�l911�l������������ ►��►��I������
R64946 521 9174
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
�" &� A/ (SEAL)
Carl Brady Lloyd
6)(�� 0 AHt f'n"X+l,- (SEAL)
Laura Ewer Lloyd U \ \\
STATE OF NORTH CAROLINA
COUNTY OF.
I, the undersigned, a Notary Public of the County and State aforesaid, certify that Carl
Brady Lloyd and Laura Ewer Lloyd personally appeared before me this'day, and
LD I have personal knowledge of the iderfitX-of th&-i0ol(s)
❑ I have seen satisfactory evidence ot.`rhe ptii6pal's identity, by a current state or
federal identification with the prsticipal's photbgraph in the form of a
❑ A credible witness has sword to the identity of the principal(s);
each acknowledging to me that he
purpose stated therein
Dated— /e,/3
MM 938398.4
far;she vole rily signed the foregoing document for the
Notary Public
(print name)
t'GI'q commission expires:
/Z'-)/'604-

RB4946 522 10114
CONSENT AND SUBORDINATION OF MORTGAGEE
ReconThzt: CaWq, N.A.
Bank of America, N.A., being the Beneficiary, and, being the Trustee, under those
certain Deeds of Trust as follows:
ReconT4ust 9�wmy, N.a.
Deed of Trust to Trustee for Bank of America, N.A., filed for record in Book
M 3273, Page 124, Orange County Registry; and
ReconTYust ( ni a y, N.A.
Deed of Trust Trustee for Bank of America, N.A., filed for record in Book
RB 3273, Page 142, Orange County Registry; n
. I
hereby: (a) consents to the recordation of this Conservation Easem t""d - cf�ition of the
provisions hereof on the Property; and (b) subordinates the lien and I erp�atr if�t�ie Deeds of
Trust to this Conservation Easement and the provisions coat i,ined her X In the event of a
foreclosure of any or all of the Deeds of Trust, or a transfireof'atty portion., of the property in lieu
of foreclosure, Lender and Trustee agree that the p ser at anv5tich reclosure or the
transferee under any such deed in lieu of foreclose shall take title to 'e property together with
and subject to all of the terms and conditions of this Conservation Easement. Lender and
Trustee execute this Consent of Mortgagee solely lbr,the purposes set forth above.
LENDER;,,',
Bank di America, N.A.
B .
Name:• Ridihrd Strayer
�-title: Vice President
TRUSTEE:
I
\ � RecoriT .Cc3npany, N.A. � �(
6 / f
Name: lawn Gill
Title: Vice President
USMI.183.1 ]
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11R84946�523 W1lllllllillllll11111IillllIII
Rad966 523 71!76
STATE OF e)0 $
COUNTY OF Cot.! t eJ
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
QC CA'tu -rat S+ra.0 zr [Name of Officer], whose identity has been
proven by satisfactory evidence, said evidence being:
I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a ci ,nt state or
federal identification with the principal's photograph in the form bf a
❑ A credible witness has sworn to the identity of the principal �;
personally came before me this day and acknowledged that (s�e ski L _ PCesidetlt/of
Bank of America, N.A., and that (s)he, in such capacity and being authonzed'to A6'so,
voluntarily executed the foregoing for the purpose stated therein and in the capac=ity indicated.
Witness my hand and seal, this the
Notary F} lic
Print • e: Yvette Cods.
My Commission Expires: Z 1 t 31 i Z
day of PrO rc I^ 2010.
VVETTE CORIA
MY Commission Expires
February 13. 2012 +RM
m. Wq
STATE OF T'^nm,- vr�ircg' ��I,-nvz"r TDW
COUNTY OF Co L-L-1 nJ
I, the undersigned, a Notary Ptlillio of,the Cotnity and State aforesaid, certify that
17a_W V% Cai l 1 \ < [Name of Officer], whose identity has been
proven by sa sfactory evidence.caiii'evidenbe. bein:
I have person `knowleilge f tt derui y of the principal(s)
❑ I have seen s itsfactory e . nce of the principal's identity, by a current state or
federal i�nti :cation with the principaI's photograph in the form of a
(Lera,r',1,+ ❑
the
Notary
Print N
A credible wii�iss has sworn to the identity of the pri al(s)
Illy caTire b fo_rcT3� s day and acknowledged tha A s al(7) of
tm s e, in suc capacity and being authorized o do so, voluntarily executed
qr the ose stated therein and in the capacity indicated.
s my hand aM seal, this the Z36d day of �1 I 2019
11 �
Yvette Coda
My Commission Expires:
M
L$m 9191992
S YVETTE CORIA
My COmmisslon Expires
February 13, 2012

II Ij!!.J jI� INIBII�NNIINIIIIIIN
CONSENT AND SUBORDINATION OF MORTGAGEE
Bank of America, N.A., being the Beneficiary, and ReconTrust Company, N.A., being the
Trustee, under that certain Deed of Trust to ReconTrust Company, N.A., Trustee for. Bank of
America, N.A., filed for record in Book RB4161, Page 422, Orange County Registry, hereby:
(a) consents to the recordation of this Conservation Easement and the imposition of the
provisions hereof on the Property; and (b) subordinates the lien and operation of the Deeds of
Trust to this Conservation Easement and the provisions contained herein. In the event of a
foreclosure of any or all of the Deeds of Trust, or a transfer of any portion of the property in lieu
of foreclosure, Lender and Trustee agree that the purchaser at any such foreclosure or the
transferee under any such deed in lieu of foreclosure shall take title to the property together with
and subject to all of the terms and conditions of this Conservation Easement. Lerida and
Trustee execute this Consent of Mortgagee solely for the purposes set forth above.
LENDER:
Bank of America, N.A.
By:
Name: Richard Strayer _
Title: Vice President
TRUSTEE:
ReconTrust Company, N.A.
Name: t)awn Gi'1�1•, �,,•/
Title: Vice ?YLident -- `��
jj
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�R134946 5251311.��������uu�����������
RBA9A8 415 13/16
STATE OF NeRRH'C'rtR6ik4A -1—OAAs
COUNTYOF COI-L-10
1, the undersigned, a Notary Public of the County and State aforesaid, certify that
_. Ritllaxd Siy�Ry e r [;Name of Officer], whose identity has been
proven by satisfactory evidence, said evidence being:
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 credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that (s)he is Presid t %f p
Bank of America, N.A., and that (s)he, in such capacity and being authorized to do so, \ l�
voluntarily executed the foregoing for the purpose stated therein and in the capacity indicat�,\\
Witness ( ess my ha d and seal, this the -YA day of 20L.
, `j
.\ G
No Ii
Print Na i Yvette Coda
My Cot ission Expires: 2113117-
STATE OF W� -reY, T si Abs'e`v0kufuplor2+ XoJi
COUNTYOF CoLt -IN
1
1, the undersigned, a Notary Public of the Cgdrhy and. Sate_ aforesaid, certify that
DGLW n iat [[ [Niiiie,,of Offlcur), wheie identity has been
proven b�y,sj�'�factory evidence, said evidence being:
Lam' 1 have personal knowledge of the Identity of the pritr. ;uaJ(s)
U I have seen satisfactory evidence of the piKincipal's identity, by a current state or
federal identification with tlre`principal's photo in the to= of a
❑ A credible witness has'swom.to the identity of the principal(s);
personally came before me.thraday an$ acknowledged that (s)he is President of
ReconTrust Company, N.A., and -that Q)II96h such capacity and being authorized to do so,
voluntarily executed the foregoing for the purpose stated therein and in the capacity indicated.
Wit sm hand - seal,t is dayof_ ,20 14
Notary lie .r \ r-
�Yve
Print ne:_ ttdCdtja,�j ® vvt:necoatx
My mmission Expiry �7it 'I f env eemmluiO l tpaae
C F+nruary 1a. 2012
.__.,_\�. •ate
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Exhibit A RB4946 526 14114
Conservation Easement 1:
Being all of that area identified as Conservation Easement 1 containing an aggregate of 9.12
acres, more or less, said area including Buffer Restoration Area 1 and Buffer Restoration Area 2,
all as shown on that map entitled "Lloyd Conservation Easement" prepared by The John R.
McAdams Company, Inc" dated 9/29/09 and recorded in Plat Book _ 10 Page 9-
of the Orange County Registry.
Conservation Easement 2:
Being all of that area identified as Conservation Easement 2 containing atf aggteate of 42%
acres, more or less, said area including Buffer Restoration Area 3, and Buffei R�storatit n ccea
4, all as shown on that map entitled "Lloyd Conservation Easement" re ared.b'v e J�dvr R.
McAdams Company, Inc" dated 9/29/09 and recorded in Plat Book Page
of the Orange County Registry.
Conservation Easement 3: ,
Being all of that area identified as Conservation Easement A coutaining an aggregate of 3.55
acres, more or less, said area including Buffer Restodlitinn rea 5,1'suffet Restoration Area 6 and
Buffer Restoration Area 7 all as shown on that mop- entitfed, "Lloyd Conservation Easement"
prepared by The John R. McAdams Company, 66c' dated 9/29/69 find recorded in Plat Book
1,91 Page q of the Orange Ccwniy,.Re " gisTry.
Access Easements:
CONSERVATION EASEMENTS 1, 2, AND 3 A DESCRIBED ABOVE ARE CONVEYED
TOGETHER WITH an easement for ingress,�gress and regress over and across the existing
right -of- -way known as Holly Crgek Lane (a 50 fogt private right -of -way) and over that access
easement area designated as " tial Acc-s' Eanment to Conservation Easements I and 2" as
shown on that map entitled `l �yd Proper'ty onservation Easement" pre aced by The John R.
McAdams Company, Inc at 1/29/09 all recorded in Plat Book �o� Page
of the Orange County Registry.
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