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HomeMy WebLinkAbout20210306 Ver 2_Conservation Easement REVISED_20220406Mitigation Project Information Upload ID#* 20210306 Version* 2 Select Reviewer: * Katie Merritt Initial Review Completed Date 04/06/2022 Mitigation Project Submittal - 4/6/2022 .................................................................................................................................................................................................................................................................. Is this a Prospectus, Technical Proposal or a New Site? * 0 Yes O No Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name: * Christopher Santelle Project Information ID#:* 20210306 Existing ID# Project Type: DMS • Mitigation Bank Email Address: * csantelle@res.us Version:* 2 Project Name: Thunder Swamp Phase II Mitigation Buffer Site County: Wayne Document Information Mitigation Document Type: * Mitigation Conservation Easement File Upload: Signature ............................................ Print Name:* Signature:* Existing Version Thunder Swamp Phase 2 - Materials for review (NCDWR Project ID# 2020-0306 version 2) 968.28KB REVISED.pdf Please upload only one PDF of the complete file that needs to be submitted... Christopher Santelle 04 tdi. Ft CERTIFICATE OF SURVEY AND ACCU RACY "I, CH RISTOPHER L. COLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 596, PAGE 566 THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK (AS SHOWN), PAGE (AS SHOWN); THAT THE RATIO OF PRECISION OR POSITIONAL ACLU RACY AS CALCULATED 15 1 : 15,000; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 4930 AS AMENDED AND THAT THE SURVEY 15 OF ANOTHER CATEGORY, SUCH AS TH E RECOMBINATION OF EXISTING PARCELS, A.URT-ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION; (I) CLASS OF SURVEY: CLASS -A (2) POSITIONAL ACCURACY: 0.07' (3) TYPE OF GPS FIELD PROCEDURE: RTIVVR5 (4) DATES OF SURVEY: 3/23/2021 (5) DATUM/EPOCH: NAD53/201 1 (6) GEOID MODEL: 12A (P) COMBINED GRID FACTOR(5): 0.999,066 UNITS: U.S. SURVEY FEET WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LICENSE NUMBER AND SEAL THIS DAY OF CH RISTOPH ER L. COLE REGISTRATION/LICENSE NO. NCPLS LSOOC NC FIRM LICENSE NO. C-4255 LINE TABLE LINE BEARING LENGTH N)1.38'3)718 44.26 L2 N4421'27"W 97.73 L3 N23-37337W 31.16 N41.30'39'18 66.48 L5 N8957'26"W 46.54 L6 N3957027W 41.62 L7 N70,7.40'18 62.25 LB N28'35187W 38.06 L9 N31'I1'35"W 47.60 LI0 NU-40'207W 68.46 54527'15"W 24.55 L12 N7T30'507W 138.53 L13 N40'10.337W 50.92 N62.51'55'18 23.90 L15 N7916'58718 28.55 L16 S4618'41'W 18.09 PRELIMINARY REVIEW OFFICER CERTIFICATION REVIEW OFFICER OF WAYNE COUNT', CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION 15 AFFIXED MEETS ALL STATUARY REQUIREMENTS FOR RECORDING FOR WHICH HIE REVIEW OFFICER HAS RESPONSIBILITY AS PROVIDED BY LAW. REVIEW OFFICER WAYNE COUNT' MAPPING DEPARTMENT NOT FOR SALES, RECORDATION OR CONVEYANCES APPROXIMATE 100 YEAR FLOOD AREA PPROXIMATE FLOOD AY UNE TABLE LINE BEARING LENGTH L21 93058'39'W 28.84 L22 94424'10"W 27.32 L23 889.47.54'W 80.07 L. N26'11'14'18 29.75 L25 N4525.52"W 75.35 L26 N27V0'52"W 66.89 L27 N50111'35'W 81.83 L2B N63'1702'W 107.75 L29 98757'37"W 31.84 L30 N0504'57'W 48.15 L31 N67'44'45"W 36.65 L32 NII19'16'18 49.85 L33 N46'30'31-W 18.95 L34 58812'44'W 122.95 L35 N55.53'31'18 48.55 L36 N06130'28"W 38.85 NOW OR FORMERLY NOW ORFORMERLY DANNY GRAY JA516505 AND MARGARt1 JtRNIGAN JAC,KS(JN PIN: 2,3905654 DB 3373 PG 242 PB N SLIDE 46G UNE TABLE LINE BEARING LENGTH N600412"W 23.15 L42 N4722'47"W 25.35 L43 N1213'30"8 56.65 1429'31'29"W 61.05 L45 N25(46'21"W 26.45 L47 N53G5'44"W 243.18 L4B 563134'54'W 212.61 L49 566'48'05'W 248.80 L50 S41'26'557W 178.35 L51 582'55'24'W 159.74 L52 921137'16.W 103.57 L53 83318'56"E 220.99 L54 N4015'52'W 243.49 L58 936(06'05. W 47.96 L60 S53'40'04"E 200.27 L61 93610'167W 438.55 REBAR (FOUND) nf\ NEW LINE NOTES: I) BASIS OF BEARINGS: NCGS GRID COORDINATES, NAD 53/201 1 DATUM. 2) FIELD WORK COMPLETED ON 4/ 15/2021 . 3) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 4) THE AREAS SHOWN HEREON WERE COMPUTED USING THE OOORDI NATE OOM POTATION METHOD. 5)LIN ES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM INFORMATION REFERENCED ON THE FACE OF ,IS PLAT. 6)PROPERTY SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. P) TRAVERSE ADJUSTMENT: COMPASS RULE B) TH ERE 15 NOT EVIDENCE OF EART-iVORK ON THE SUBJECT PROPER,. 9) BOUNDARY LINES THAT FOLLOW WATER FEATURES SUCH AS CREEKS ARE SUBJECT TO CHANGE DUE TO NATURAL C IANGES IN TH E ALIGNMENT OF TH E CREEK DUE TO AVULSION, RELICTION, EROSION AND OTHER NATO PAL C IANGES AND THAT IT MAY OR MAY NOT REPRESENT THE ACTUAL LOCATION OF THE LIMIT OF TITLE. 1 O) FLOODPLAIN MAP: 3720256300K DATE: 6/20/ 1 B CID: 370254 PANEL 2563 _ dlGnwApeB � 50'P504 N T 34T.2 N79'3458�� NEW TRACT-2 555,644 S.F. +/- 20.332 AC �-(g'3323�E " NEW LINE NEW TRACT-1 EXCLUDING POSSIBLE OVERLAP IN DEEDS +, 1 10,125 S.F. /- 45.442 AC. INCLUDING POSSIBLE OVERLAP IN DEEDS 2,120,467 S.F. +/- 45.679 AC. APPROXIMATE 100 YEAR FLOOD AREA APPROXIMATE FLOODVAY C0 � W PINCH TOP IRON (FOUND) REBAR FOUND 466 CGS "PLANT' NADB3/2011 : 531 ,759.53 2,271,123.52 ^ 1-6� s.' key% / ELLS HIGHWAY 55 ISITEI VICINITY MAP (N.T.S.) SOURCE OF TITLE: DB 3373 PG 242 LEGAL REFERENCES: PBN SLIDE 46-6 EASEMENT HERE, GREETED 9 ,,,../ /7 Io ne1314Fn131 NOW OR'FORMERLY p . an\esi33 rar3zo \ a ' �02\ FIN, 2'9342 � NOW OR FORMERLY Vne2�aP�/ n yyn REBAR 1B0PG392 (FOUND)FIN, 2573015044 \ NE,3 4 24 F2 222 TRUSTEE REBAR (FOUND FIN 2573103955 POSSIBLE OVERLAP IN DEEDS 0,342 S.F. REBAR (FOUND) LEGEND EP • -PL EDGE OF PAVEMENT PROPERTY CORNER #4 REBAR (SET) PROPERTY LINE (SURVEYED) PROPERTY LINE (NOT SURVEYED) RIGHT OF WAY TREE LINE TOP OF BANK BOTTOM OF BANK OVERHEAD UTILITY LINE THE PURPOSE OF ,IS SURVEY 15 TO SUBDIVIDE PIN: 2563-90-5654 AND CREATE TWO SEPARATE LOTS SUBDIVISION PLAT OWNERS DANNY GRAY JACKSON AND MARGARET JERNIGAN JACKSON PIN 2563-90-8684 PREPARED FOR ENVIRONMENTAL BANC b EXCFIANGE, LLC Ascension Land Surveying P.C. Professional Land Surveying ff Consulting G Williams Road Mock,Alle, NC 27028 Phone: (704) 579-7197 Email: 5urveyor.chr15007@gmail.com NC FIRM LICENSE: C-4255 NC PL5 LICENSE: LSOOC L17 507143'47'E 14.21 LIS 53750'04"E 10.51 L19 523'49'02"W 35.62 L20 564'41'28"W 40.39 L37 N07139'08'E 58.05 L38 564'35'27"W 5.92 L39 N7326'10'19 42.75 L40 565.6.24'W 23.15 L62 N]51]2'12'E 391.65 L63 N535800'W 195.87 L64 953.58'00"E 213.13 200 GRAPHIC SCALE 100 MO .0 000 ( IN FEET ) I inch = 200 ft. DRAWN BY: C. COLE SURVEYED BY: J. FI LLMLY DATE 4/20/2 1 JOB 21-02-1 1 CFIECKED BY: K. COLE BOOK # 8 SCALE 1 "=200' SHEET # 1 OF 1 PERMANENT CONSERVATION EASEMENT Excise Tax: $ Parcel Identifier No.: PIN 2563908684 Prepared by and return after recording to: EBX, c/o Stephen Colomb, 3600 Glenwood Ave., Suite 100, Raleigh, NC 27612 Brief description for the Index: 30.426 (+/-) acre Conservation Easement in Wayne County, NC THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of , 2022 by and between Environmental Banc & Exchange, LLC, a Maryland limited liability company, whose mailing address is 6575 West Loop South, Suite 300, Bellaire, TX 77401 ("Grantor") and , whose mailing address is ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a private business entity whose purpose includes the conservation of property, and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlandsand riparian resources and other natural values of approximately 30.426 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purposeor in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the RES Thunder Swamp Phase II Riparian Buffer and Nutrient Offset Mitigation Banking Instrument ("MBI") and Bank Parcel DevelopmentPackage ("BPDP") for the RES Thunder Swamp Phase II Riparian Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of Water Resources ("NCDWR") Project ID# 2021-0306 version 2, which was approved by the NCDWR, and will be made and entered into by and between Environmental Banc & Exchange, LLC ("EBX"), acting as the Bank Sponsor ("Bank Sponsor"), and the NCDWR. The RES Thunder Swamp Phase 2 Riparian Buffer and Nutrient Offset Site is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by Bank Sponsor and the NCDWR ("Third -Parties") and may be exercised through the appropriate enforcement agency of the State of North Carolina, and that these rights are in addition to, and do not limit, the rights of enforcement under the NCDWR Project ID# 2021-0306 version 2 (Umbrella Mitigation Banking Instrument) or any permit or certification issued by the Third -Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT 2 This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank Sponsor and shall not violate any part of Item L of Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing 3 roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. For the purposes of restoring and enhancing riparian areas within the Conservation Easement Area, Bank Sponsor, is allowed to perform grading, filling, and excavation associated with riparian buffer and nutrient restoration and enhancement activities as described in the BPDP. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access by the Grantee and the Third - Parties, and their employees and agents, successors, assigns for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of riparian areas within the Conservation Easement Area. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, 4 the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including EBX acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of riparian areas within the Conservation Easement Area in accordance with the approved BPDP, and the MBI described in the Recitals of this Conservation Easement. Notwithstanding anything to the contrary herein, this Conservation Easement is expressly subject to that thirty (30) foot wide, perpetual, non-exclusive easement for ingress and egress over and upon the Conservation Easement Area, described, defined, and granted in that DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT, recorded in Book _, at Page , and depicted on that plat recorded in Book _, at Page , Wayne County Registry (the "Internal Crossing Area"). The Internal Crossing Area is also depicted on the Survey (defined in Exhibit B herein) and labeled as "INTERNAL CROSSING AREA, 30' IN WIDTH". ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns and the Third -Parties, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee or its authorized representatives, successors and assigns and the Third -Parties shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public 5 access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee, and the Third - Parties are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Third - Parties shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. 6 ARTICLE VI 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 Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. _ B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Third -Parties. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the assignee receiving the interest will be a qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3)and § 170 (h) of the Internal Revenue Code, or will otherwise be qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. 7 Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. If livestock operations will be maintained on the property, Grantor is responsible for all long-term management activities associated with fencing, if and where applicable, to ensure livestock do not have access to the Conservation Easement Area. These activities include the maintenance and/or replacement of fence structures, as deemednecessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Conservation Easement Area are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area 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. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Environmental Banc & Exchange, LLC 6575 West Loop South, Suite 300 Bellaire, TX 77401 To Grantee: 8 To Sponsor: Environmental Banc & Exchange, LLC 6575 West Loop South, Suite 300 Bellaire, TX 77401 To NCDEQ-DWR: NCDEQ— Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. 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. M. Present Condition of the Conservation Easement Area. The scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section 2 of the BPDP, prepared by Bank Sponsor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 9 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: Environmental Banc & Exchange, LLC, a Maryland limited liability company By: Resource Environmental Solutions, LLC, a Lousiana limited liability company, its Manager By: Name: Title: STATE OF COUNTY OF I, a Notary Public of the State and County aforesaid, do hereby certify that personally appeared before me this day and acknowledged that he/she is the of Resource Environmental Solutions, LLC, a Louisiana limited liability company, manager of Environmental Banc & Exchange, LLC, a Maryland limited liability company, and that by authority duly given, and as the act of the Grantor, he/she signed the foregoing Easement in its name, on its behalf and as its act and deed for the purposes stated herein. Witness my hand and official stamp or seal, this the _ day of , 2022. [SEAL] Signature of Notary Public Printed Name of Notary Public My commission expires: IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. GRANTEE: By: Name: Title: STATE OF COUNTY OF I, a Notary Public of the State and County aforesaid, do hereby certify that personally appeared before me this day and acknowledged that he/she is the of , and that by authority duly given, and as the act of the Grantee, he/she signed the foregoing Easement in its name, on its behalf and as its act and deed for the purposes stated herein. Witness my hand and official stamp or seal, this the _ day of , 2022. [SEAL] Signature of Notary Public Printed Name of Notary Public My commission expires: EXHIBIT A Legal Description of the Property BEING 48.679 acres, more or less, tract or parcel of real property situated in Wayne County, North Carolina, being identified by the PIN number , and more particularly described in a deed recorded in Book , Page of the Wayne County Registry, North Carolina. 12 EXHIBIT B Conservation Easement Area BEING THAT AREA CONTAINING A TOTAL OF 30.426 ACRES, AS SHOWN ON A PLAT OF SURVEY ENTITLED "CONSERVATION EASEMENT SURVEY ENVIRONMENTAL BANC & EXCHANGE, LLC, THUNDER SWAMP PHASE 2 BUFFER AND NUTRIENT MITIGATION PROJECT: PROJECT: 20-02-11 "THUNDER SWAMP-, WAYNE COUNTY, N.C., ASCENSION LAND SURVEYING, P.C., FIRM LIC. #C-4288, JOB 21-02-11, DATED 4/20/21, DRAWN BY C. COLE, PLS NUMBER L-5008, AND RECORDED IN THE WAYNE COUNTY, NORTH CAROLINA REGISTER OF DEEDS AT PLAT BOOK , AT PAGE (THE "SURVEY"), AND BEING FURTHER DESCRIBED AS FOLLOWS: CONSERVATION EASEMENT "A" 1,325,376 S.F. +/- 30.426 AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHERN POINT OF THE CONSERVATION EASEMENT DESCRIBED HEREIN; THENCE S-40-35-52-E 243.49' TO A #4 REBAR; THENCE S-35-26-04-W 389.57' TO A #4 REBAR; THENCE S-14-46-14-W 58.80' TO A #4 REBAR; THENCE S-36-56-20-W 180.56' TO A #4 REBAR; THENCE S-53-55-33-E 231.09' TO A #4 REBAR; THENCE S-35-25-44-W 391.54 TO A #4 REBAR; THENCE S 13-40- 49-W 573.41' TO A #4 REBAR BEING IN THE PROPERTY LINE OF (NOW OR FORMERLY) DANNY GRAY AND MARGARET JERNIGAN JACKSON, DB 3373 PG 242 AND ALSO (NOW OR FORMERLY) DOUGLAS CONNOR TRUSTEE, DB 1314 PG 131; THENCE WITH THE AFOREMENTIONED LINE S-35-32-23-W 209.95' TO A CALCULATED POINT IN "THUNDER SWAMP"; THENCE WITH THE "RUN OF THUNDER SWAMP" THE FOLLOWING 45 (FORTY- FIVE) CALLS: 1) N-71-38-37-W 44.26' TO A POINT 2) N-44-21-27-W 97.73' TO A POINT 3) N-23-37-33-W 31.16' TO A POINT 4) N-41-30-39-W 66.48' TO A POINT 5) N-69-57-26-W 46.54' TO A POINT 6) N-39-57-02-W 41.62' TO A POINT 7) N-70-27-40-W 62.25' TO A POINT 8) N-31-11-35-W 47.60' TO A POINT 9) N-62-40-20-W 68.46' TO A POINT 10) S-45-27-15-W 24.55' TO A POINT 11) N-77-30-50-W 138.53' TO A POINT 12) N-40-10-33-W 50.92' TO A POINT 13) N-62-51-55-W 23.90' TO A POINT 14) N-79-16-58-W 28.55' TO A POINT 15) S-46-18-41-W 18.09' TO A POINT 16) S-07-43-47-E 14.21' TO A POINT 17) S-37-50-04-E 10.51' TO A POINT 18) S-23-49-02-W 35.62' TO A POINT 19) S-64-41-28-W 40.39' TO A POINT 20) S-30-58-39-W 28.84' TO A POINT 21) S-44-24-10-W 27.32' TO A POINT 22) S-89-47-54-W 80.07' TO A POINT 23) N-26-11-14-W 29.75' TO A POINT 13 24) N-45-25-52-W 75.35' TO A POINT 25) N-27-00-52-W 66.89' TO A POINT 26) N-88-22-17-W 37.55' TO A POINT 27) N-50-11-35-W 81.83' TO A POINT 28) N-63-17-02-W 107.75' TO A POINT 29) S-67-57-37-W 31.84' TO A POINT 30) N-05-04-57-W 48.15' TO A POINT 31) N-67-44-45-W 36.65' TO A POINT 32) N-11-39-16-W 49.85' TO A POINT 33) N-46-30-31-W 18.95' TO A POINT 34) S-86-12-44-W 122.95' TO A POINT 35) N-55-53-31-W 48.55' TO A POINT 36) N-06-00-28-W 38.85' TO A POINT 37) N-07-39-08-E 58.05' TO A POINT 38) S-64-35-27-W 5.92' TO A POINT 39) N-73-26-10-W 42.75' TO A POINT 40) S-65-06-24-W 23.15' TO A POINT 41) N-60-04-12-W 23.15' TO A POINT 42) N-47-22-47-W 25.35' TO A POINT 43) N-12-13-30-W 56.65' TO A POINT 44) N-29-31-29-W 61.05' TO A POINT 45) N-25-46-21-W 26.45' TO A POINT IN THE LINE OF THE AFOREMENTIONED JACKSON TRACT AND (NOW OR FORMERLY) JAMES PARKER, DB 1386 PG 833; THENCE WITH THAT LINE N-41-08-31-E 122.85' TO A #4 REBAR; THENCE LEAVING THE LINE OF THE AFOREMENTIONED S-53-05-44-E 243.18' TO A #4 REBAR; THENCE N-46-07-46-E 363.92' TO A #4 REBAR; THENCE N-63-34-54-E 212.61' TO A #4 REBAR; THENCE N-66-48-05-E 248.80' TO A #4 REBAR; THENCE N-41-26-55-E 178.35' TO A #4 REBAR; THENCE N-82-55- 24-E 159.74' TO A #4 REBAR; THENCE N-21-07-16-E 103.57' TO A #4 REBAR; THENCE N- 33-18-56-W 220.99 TO A #4 REBAR; THENCE N-79-33-23-E 420.54' TO A #4 REBAR AND CAP; THENCE S-25-52-25-W 311.81' TO A #4 REBAR AND CAP ; THENCE S-02-08-12-E 232.80' TO A #4 REBAR AND CAP; THENCE S-21-57-06-W 278.70' TO A #4 REBAR AND CAP ; THENCE S-56-42-33-W 193.57' TO A #4 REBAR AND CAP; THENCE N-18-44-47-W 293.34' TO A #4 REBAR AND CAP; THENCE S-73-44-04-W 272.16' TO A #4 REBAR AND CAP ; THENCE S-63-12-22-W 213.91' TO A #4 REBAR AND CAP; THENCE S-57-49-44-W 79.48' TO A #4 REBAR AND CAP; THENCE S-28-12-07-W 84.95' TO A #4 REBAR AND CAP; THENCE S-10-35-04-E 218.56' TO A #4 REBAR AND CAP; THENCE S-18-00-03-E 104.97' TO A #4 REBAR AND CAP; THENCE N-86-57-45-E 297.84' TO A #4 REBAR AND CAP; THENCE N-73-55-05-E 401.11' TO A #4 REBAR AND CAP; THENCE N-55-51-56-E 240.09' TO A #4 REBAR AND CAP; THENCE N-35-46-46-E 118.46' TO A #4 REBAR AND CAP ; THENCE N-25-24-29-E 336.35' TO A #4 REBAR AND CAP ; THENCE N-01-19-57-E 233.35' TO A #4 REBAR AND CAP ; THENCE N-20-42-28-E 382.71' TO A #4 REBAR AND CAP; THENCE N-79-33-23-E 175.76' TO THE POINT AND PLACE OF BEGINNING. TOGETHER WITH RIGHTS OF ACCESS OVER, ACROSS, AND THROUGH THE PROPERTY FOR THE PURPOSES OF GRANTEE AND THE THIRD -PARTIES ACCESSING THE CONSERVATION EASEMENT AREA AND FULFILLING THEIR RIGHTS AND OBLIGATIONS UNDER THIS CONSERVATION EASEMENT. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND REGRESS TO HIGHWAY 55 OVER, ACROSS AND THROUGH THAT CERTAIN PROPERTY LABELED "VARIABLE WIDTH INGRESS/EGRESS/REGRESS EASEMENT HEREBY CREATED" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "SUBDIVISION PLAT, OWNERS DANNY GRAY JACKSON 14 AND MARGARET JERNIGAN JACKSON' BY ASCENSION LAND SURVYEING, P.C., DATED APRIL 20, 2021 AND RECORDED IN PLAT BOOK , PAGE , WAYNE COUNTY REGISTRY. 15 CERTIFICATE OF SURVEY AND ACCURACY "I, CH RISTOPHER L. COLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 596, PAGE 566 THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK (AS SHOWN), PAGE (AS SHOWN); THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY AS CALCU HATED 15 1 : 15,000; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 4730 AS AMENDED AND THAT THE SURVEY 15 OF ANOTHER CATEGORY, SUCH AS TH E RECOMBINATION OF EXISTING PARCELS, A COURT -ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION; (I) QAS50F SURVEY: QASS-A (2) POSITIONAL ACCURACY: 0.07' (3) TYPE OF GPS FIELD PROCEDURE: RTIVVR5 (4) DATES OF SURVEY: 3/23/2021 (5) DATUM/EPOCH: NAD93/201 1 (6) GEOID MODEL: 12A (7) COMBIN ED GRID FACTOR(5): 0.999,066 UNITS: U.S. SURVEY FEET WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LICENSE NUMBER AND SEAL THIS DAY OF CHRISTOPHERL. COLE REGISTRATION/LICENSE NO. NCPLS LSOOC NC FIRM LICENSE NO. CA2B3 REVIEW OFFICER CERTIFICATION REVIEW OFFICER OF WAYNE COUNT', CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION 15 AFFIXED MEETS ALL STATUARY REQUIREMENTS FOR RECORDING FOR WHICH HIE REVIEW OFFICER HAS RESPON51BILITY AS PROVIDED BY TAW. REVIEW OFFICER WAYNE COUNT' MAPPING DEPARTMENT PRELIMINARY NOT FOR SALES, RECORDATION OR CONVEYANCES REBAR �E D)- / of \ P FUTURE "TRACT 2" TO "ONE. ara ? BE RECORDED ON SEPARATE TRACT 6i / hj CNGN ORFORIvI ERLY \ DANN%1PAYJACK50N AND 33/ MARGAREI JEONIGAN JAC,KS(JN \ �6 PIN: 25G399DGD4 DP)3373 PG 242 \2/ PBN SLIDE 46-6 / oe Haas Fsa s / / ## 4040 A, 2 6 *4e ON UNE TABLE UNE BEARING LENGTH LI N7I'38'37'1” 44.26 L2 N44R1'27'W 97.73 L3 N231133'9, 31.16 L4 N41630'39'W 66.48 L5 N69'57'28'W 46.54 L6 N39'510211, 41.62 L7 N70'27'40'W 62.25 L8 N31'11'35'1” 47.60 L9 N62'4010'W 68.46 LIO 845'17'15"W 24.55 L11 N7710'50'W 138.53 L12 N40'10'33'1” 50.92 L13 N6751'55'16 23.90 L14 N7916'58111 28.55 LIS s4676'41"w 1809 L16 S0T43'47'E 14.21 L17 837'50'04"E 10.51 LINE TABLE LINE BEARING LENGTH L21 54414'10'W 27.32 L22 88947'54"W 60.07 L23 N26'I1'14'W 29.75 L24 N45'25'52"W 75.35 L25 N27V0'S2"W 66.89 L26 N88'22'17'W 37.55 L27 N50'11'35'W 81.83 L28 N63'17'02'W 107.75 L29 96757'37"W 31.84 u0 N0504'57'W 48.15 u1 N67'44'45"W 36.65 L32 N11'39'16'1” 49.65 u3 1,14810'31'W 18.95 L34 58812'44'W 122.95 L35 N55'53'31'W 48.55 L36 N06130'28"W 38.85 u7 N0719'08"E 58.05 \G UNE TABLE UNE BEARING LENGTH L41 N600e12"W 23.15 L42 N47'274YW 25.35 L43 N1213'30"8 56.65 L44 N2911'29"W 61.05 L45 N25'46'21"W 26.. L48 N41.08'31"E 122.85 L47 553'05'44"E 243.18 L46 55T49'44'W 79.. L49 928'12'07'W 84.95 L50 818'00'03"E 104.97 L51 N35'46'46-E 118.46 L52 N79'33'23'E 175.76 L53 SBO 35.52"E 243.49 L54 514'4611,W 58.80 L55 536'56'20'11V 180.56 L56 8351213'W 209.95 L57 N79'33'23"E 285.59 NOTES: I) BASIS OF BEARINGS: NCGS GRID COORDINATES, NAD 6)3/201 1 DATUM. 2) FIELD WORK COMPLETED ON 4/ 15/2021 . 3) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 4) THE AREAS SHOWN HEREON WERE COMPUTED USING THE Ce,ORDI NATE COMPUTATION METHOD. 5)LIN ES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM INFORMATION REFERENCED ON THE FACE OF ,IS PLAT. 6)PROPERTY SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. P) TRAVERSE ADJUSTMENT: COMPASS RULE TH ERE 15 NOT EVIDENCE OF EARTLWORK ON THE SUBJECT PROPER,. 9) BOUNDARY LINES THAT FOLLOW WATER FEATURES SUCH AS CREEKS ARE SUBJECT TO CHANGE DUE TO NATURAL CHANGES IN TH E ALIGNMENT OF TH E CREEK DUE TO AVULSION, RELICTION, EROSION AND OTHER NATURAL CHANGES AND THAT IT MAYOR MAY NOT REPRESENT TH E ACTUAL LOCATION OF THE LIMIT OF TITLE. 1 O) FLOODPIAIN MP: 3720256300R DATE: 6/20/ 1 B OD: 370254 PANEL 2563 420.54 79'33.23"E ,1 '4V 4t / 666 e+44,• +3 0p4„R :4ti,�,$;�. UNE TABLE UNE BEARING LENGTH L61 N21'07'16"E 103.57 ELLS HIGHWAY 55 ISITEI VICINITY MAP (N.T.S.) TOTAL AREA INSIDE OF CONSERVATION EASEMENT ""A" 1,325,3, S.F. AA 30.426 AC. THE "FUTURE TRACT I, NTU RE TRACT 2 AND VARIABLE WIDTH INGRESS/EGRESS/REGRESS EASEMENT' SHOWN ON THIS MAP HAVE NOT BEEN RECORDED BUT WILL BE RECORDED ON ASEPARATE SUBDIVISION PLAT. s°N5u°��E� Fy SEMpN TES INTERNAL CROSSING AREA, 30' IN WIDTH FUTU RE7RACT-1"TO E RECORDED ON A SEPARATE PLAT 1441 52 1.44 ENT A 16,4444"43 4•,� +.• / CGS"PLANT' NAD 6)3/201 1 : 531,,9.53 : 2,27I, 123.52 RO ROD NOWAOR FORMERLY (FOUND) n N Nttl'zaa3Fa lazE/ N 4 F� za�a a44 /NOW OR FORMERLY \ / . REBAR "FP RE "TRACT -I" TO BERECORDED ON SEPARATE PLAT (FOUND) LEGEND EP • • RW LCE VARIABLE WO, ON A SEPARATE EL, EDGE OF PAVEMENT PROPERTY CORNER b4 REBAR (SET) PROPERTY LINE (SURVEYED) PROPERTY LINE (NOT SURVEYED) RIGHT OF WAY TREE LINE TOP OF BANK BOTTOM OF BANK OVERHEAD UTILITY LINE CONSERVATION EASEMENT CONSERVATION EASEMENT THIS SURVEY DOES NOT REPRESENT A COMPLETE BOUNDARY SURVEY OF ANY TRACT SHOWN HEREON. THE INFORMATION SHOWN ON THE FACE OF ,IS PLAT WAS DERIVED FROM EVIDENCE LOCATED IN THE FIELD ALONG WITH SUPPORTING TITLE DOCUMENTS PROVIDED BY INVESTORS TITLE INSURANCE COMPANY. ,IS SURVEY DOES NOT CHANGE OR ALTER ANY BOU N DART LINES. CONSERVATION EASEMENT SURVEY OWNERS ENVIRONMENTAL BANC $ EXCHANGE, LLC PIN 2563-90-8684 PREPARED FOR ENVIRONMENTAL BANC b EXCFIANGE, LLC ThUNDER SWAMP PFIASE 2 BUFFER AND NUTRIENT MITIGATION PROJECT Ascension Land Surveying P.C. Professional Land Surveying ff Consulting G WIIIIams Pond Mockemlle, NC 27028 Phone: (704) 579-7197 Email: surveyor.chrls007@gmall.com NC FIRM LICENSE: CA2B5 NC PL5 LICENSE: LSOOC L18 35.62 40.39 L20 28.84 5.92 42.75 L40 23.15 L58 159.93 322.67 159.74 200 GRAPHIC SCALE lac MO .0 000 DRAWN BY: C. COLE SUIRMEYED BY: J. El ELMLY DATE JOB CDECKED COLE SCALE Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-10771DU ALTA COMMITMENT FOR TITLE INSURANCE Issued by CHICAGO TITLE INSURANCE COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Chicago Title Insurance Company By: Countersigned By: Attest: Angela M. Curtis Authorized Officer or Agent President >(7Z 7- Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA Commitment for Title Insurance (08-01-16) 101046D0024.doc / Updated: 02-13-19 Page 1 Printed: 06-18-20 @ 02:42 PM NC-CT-FSAC-01080.365396-20-10771 DU Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-10771DU Transaction Identification Data for reference only: Issuing Office: Chicago Title Company, LLC, 300 Blackwell Street, Suite 103, Durham, NC 27701 Phone: (919)682-3018 Fax: (919)682-3518 Commitment Number: 20-10771 DU Property Address: 0 W NC 55 Highway, Mount Olive, NC 28365 SCHEDULE A 1. Commitment Date: June 15, 2020 at 05:00 PM 2. Policy to be issued: (a) ALTA Owner's Policy (06-17-06) Proposed Insured: Environmental Banc & Exchange, LLC Proposed Policy Amount: $676,276.00 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 4. Title to the Fee Simple estate or interest in Land is at the Commitment Date vested in: Danny Gray Jackson and wife, Margaret Jernigan Jackson 5. The Land is described as follows: Lying and being situate in Wayne County, North Carolina, and being more particularly described as follows: Being all of Tract 1, totaling 69.032 acres, more or less, excluding highway and road right-of-way, as shown on that certain plat entitled "Survey for Forelle Franck Martin, Robert Reaves Martin, Jr. and Virginia Lorelle Martin, Brogden Township, Wayne County, N.C." dated August 30, 2010 prepared by Bobby Rex Kornegay, Professional Land Surveyor No. L-944, which will be found duly recorded in Plat Cabinet N, Slide 46-G of the Wayne County Registry, reference to which is hereby made for a more perfect description. END OF SCHEDULE A This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA Commitment for Title Insurance (08-01-16) Printed: 06-18-20 @ 02:42 PM 101046D0024.doc / Updated: 02-13-19 Page 2 NC-CT-FSAC-01080.365396-20-10771 DU Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-10771DU SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. (A deed of trust securing a one -to -four -family residential property must be recorded prior to disbursement of funds. A deed of trust securing non one -to -four family residential property that will be recorded more than 30 days following funding of the loan requires PRIOR approval of Company's underwriting counsel.) a. Warranty Deed from Danny Gray Jackson and wife, Margaret Jernigan Jackson to Environmental Banc & Exchange, LLC. 5. Cancellation, release, termination, discharge, or satisfaction of record of the following: (In the event the lien to be cancelled or satisfied is a line of credit such as a home equity line or future advance loan secured by a deed of trust, attorney to verify as applicable under North Carolina law: (i) delivery of borrower's written request and notice to lender to terminate borrower's account, (ii) payoff in full of all outstanding sums secured by the deed of trust, and (iii) release of the Land from or cancellation of public record of the deed of trust.) a. NONE 6. Payment of all taxes (including deferred taxes) and assessments (pending or confirmed) which are or may become a lien on the Land and are due OR payable at time of recording of the instrument creating the interest to be insured. 7. Payment of any owners' association dues, charges, or assessments claimed or due and payable at time of recording of the instrument creating the interest to be insured, whether or not a claim of lien has been filed, if same are or may become a lien superior to the interest to be insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA Commitment for Title Insurance (08-01-16) Printed: 06-18-20 @ 02:42 PM 101046D0024.doc / Updated: 02-13-19 Page 3 NC-CT-FSAC-01080.365396-20-10771 DU Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-10771DU 8. Receipt of applicable NCLTA form below (or substantially similar form approved by Company), completed, executed and notarized, as follows: NO RECENT (last 120 days) OR CONTEMPLATED CONSTRUCTION: NCLTA FORM 1 (Owner Affidavit) from every seller (on sale) or borrower (on refinance) who has not contracted for recent or contemplated improvements on the Land or for a construction loan. NOTE: If a contract purchaser has contracted for or is contemplating improvements, see "CONSTRUCTION CONTEMPLATED OR IN PROCESS" below. RECENTLY COMPLETED IMPROVEMENTS: Non -MLA project: NCLTA FORM 2 (Owner/Contractor Affidavit, Lien Waiver, and Indemnity) from every Owner and every Contractor. MLA project: (1) Receipt of proof satisfactory to the Company that prior to closing or prior to first contracting for construction (whichever occurs first), (a) A Lien Agent was designated on the LiensNC.com website, AND (b) The Appointment of Lien Agent was posted at the Land. (2) NCLTA FORM 5 (Owner Affidavit) from every Owner; AND (3) NCLTA FORM 6 (MLA Lien Waiver) from every PLC -MLA. CONSTRUCTION CONTEMPLATED OR IN PROCESS: Non -MLA project: NCLTA FORM 3 (Owner/Contractor Affidavit, Indemnity and Lien Subordination) (for lender coverage only) from every Owner and every Contractor. MLA project: (1) Receipt of proof satisfactory to the Company that prior to closing or prior to first contracting for construction (whichever occurs first): (a) A Lien Agent was designated on the LiensNC.com website, AND (b) The Appointment of Lien Agent was posted at the Land; (2) NCLTA FORM 5 (Owner Affidavit) from every Owner; AND; (3) NCLTA FORM 6 (MLA Lien Waiver) or NCLTA FORM 7 (MLA Subordination of Liens) from every PLC -MLA. NOTE: If a contract purchaser has contracted for or is contemplating improvements prior to closing, see "NO RECENT IMPROVEMENTS" above regarding seller lien affidavits as well. MLA Project - MLA NOT Appointed Prior to Contracting for Labor Services or Materials: In all cases in which an MLA was required but not (timely) appointed, prior approval and terms of coverage (if any) by Company underwriting counsel is required. Applicable Definitions: "Non -MLA Projects": Improvements are (1) first contracted before April 1, 2013, (2) for a value less than $30,000 OR (3) solely for improvements to owner's existing residence. All other projects (other than public projects) are "MLA projects". "Owner" is holder of any interest in the Land, including leasehold owner or contract purchaser. "Potential Lien Claimant" (or "PLC - MLA") is any person (or entity) entitled to file a claim of lien on real property This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA Commitment for Title Insurance (08-01-16) Printed: 06-18-20 @ 02:42 PM 101046D0024.doc / Updated: 02-13-19 Page 4 NC-CT-FSAC-01080.365396-20-10771 DU Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-10771DU (herein "Liens"), for providing labor, services, (including design professionals such as surveyors, architects, engineers and landscape engineers), materials or rental equipment provided for improvements to the Land (herein "Improvements"), pursuant to Article 2 of Chapter 44A of the North Carolina General Statutes AND who either has filed a Notice to Lien Agent, OR was identified in the original Appointment, OR is a Design Professional OR is a PLC whose first furnishing was within 15 days prior to closing OR (for waivers) delivered a claim of lien upon funds on the Owner. "Contractor" Any person or entity who has performed or furnished or has contracted to perform or furnish Labor, Services or Materials pursuant to a contract, either express or implied, with the Owner of real property for the making of an Improvement thereon OR who has delivered a claim of lien upon funds to the Owner. 9. If the transaction involves the purchase of property at foreclosure, the purchase of real estate owned (REO) by a lender/servicer, or the subsequent resale or mortgage of property where the grantor or mortgagor was a purchaser of REO property; verification that the defaulted borrower in the foreclosure proceeding, or anyone claiming by, through or under him, is not occupying or in possession of the foreclosed property. 10. IN THE EVENT THAT, AT TIME OF CLOSING, THE REGISTER OF DEEDS HAS DISCONTINUED ALL RECORDING OR THE ABILITY TO EXAMINE OR UPDATE PUBLIC RECORDS IS PREVENTED BY CORONAVIRUS STATE OF EMERGENCY OFFICE CLOSURES, BUT ALL PARTIES DESIRE TO CLOSE BEFORE DELAYED RECORDING WHEN REGISTER RESUMES RECORDING, CONTACT THE COMPANY FOR FURTHER REQUIREMENTS. 11. Verification as of closing of (1) the due organization and good standing of Environmental Banc & Exchange, LLC (herein "Entity") in its state or country of organization and (2) authority of individual(s) executing documents on behalf of Entity to enter into the transaction to be insured on its behalf. 12. Verification that at the time of closing, there are no parties with rights to the Land pursuant to verbal leases or pursuant to recorded or unrecorded written leases. END OF SCHEDULE B, PART I This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA Commitment for Title Insurance (08-01-16) Printed: 06-18-20 @ 02:42 PM 101046D0024.doc / Updated: 02-13-19 Page 5 NC-CT-FSAC-01080.365396-20-10771 DU Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-10771DU SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Taxes or assessments for the year 2020, and subsequent years, not yet due or payable. 3. All deferred taxes. 4. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Plat Cabinet D, Slide 28 and Plat Cabinet N, Slide 46-G, Wayne County Registry. 5. Easement to Duke Energy Progress, Inc. recorded in Book 3150, page 180, Wayne County Registry. 6. Right(s)-of-way to Carolina Power and Light Company recorded in Book 1082, page 2; Book 594, page 252 and Book 309, page 494, Wayne County Registry. 7. Right-of-way to the State Highway Commission recorded in Book 488, page 126, Wayne County Registry. 8. Any discrepancy, conflict, matters regarding access, shortage in area or boundary lines, encroachment, encumbrance, violation, variation, overlap, setback, easement or claims of easement, riparian right, and title to land within roads, ways, railroads, watercourses, burial grounds, marshes, dredged or filled areas or land below the mean highwater mark or within the bounds of any adjoining body of water, or other adverse circumstance affecting the Title that would be disclosed by a current inspection and accurate and complete land survey of the Land. END OF SCHEDULE B, PART II This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA Commitment for Title Insurance (08-01-16) Printed: 06-18-20 @ 02:42 PM 101046D0024.doc / Updated: 02-13-19 Page 6 NC-CT-FSAC-01080.365396-20-10771 DU Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-10771DU REMARKS NO CLOSING SERVICES INSURANCE: As to the transaction for which this Commitment is issued, the Company does not afford insured closing protection/closing services insurance absent revision of this Commitment to include a statement that coverage is afforded to those parties identified in a separate closing protection letter issued simultaneously with revision of the Commitment. Any closing protection coverage or letter which heretofore may have been issued is hereby rescinded and shall not be effective as to this transaction. Any closing protection letter subsequently issued shall not be effective as to this transaction absent the accompanying requisite revision of this Commitment. END OF REMARKS This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA Commitment for Title Insurance (08-01-16) Printed: 06-18-20 @ 02:42 PM 101046D0024.doc / Updated: 02-13-19 Page 7 NC-CT-FSAC-01080.365396-20-10771 DU Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-10771DU COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I -Requirements; (f) Schedule B, Part II -Exceptions; and (g) a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I -Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I -Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (g) This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA Commitment for Title Insurance (08-01-16) Printed: 06-18-20 @ 02:42 PM 101046D0024.doc / Updated: 02-13-19 Page 8 NC-CT-FSAC-01080.365396-20-10771 DU Chicago Title Insurance Company ALTA Commitment for Title Insurance Commitment Number: 20-10771DU (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is Two Million And No/100 Dollars ($2,000,000.00) or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.oro/arbitration. END OF CONDITIONS This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA Commitment for Title Insurance (08-01-16) Printed: 06-18-20 @ 02:42 PM 101046D0024.doc / Updated: 02-13-19 Page 9 NC-CT-FSAC-01080.365396-20-10771 DU