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HomeMy WebLinkAboutNCG140008_Name-Owner Change Supporting Info_20220502Excise Tax: $ Parcel Identifier No.: 28943 Mail to: Bass, Berry & Sims PLC, 150 Third Avenue South, Suite 2800, Nashville, TN 37201, Attn: Laura Lincoln This instrument was prepared by: Susan Elliott Rich, Esq. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 633 Chestnut Street, Suite 1900 Chattanooga, TN 37450 Brief description for Index: Kinston, Lenoir County, North Carolina LIMITED WARRANTY DEED (Site Identifier: Kinston, Lenoir County, North Carolina) THIS DEED made this 1st day of April, 2022, by and between GRANTOR ARGOS USA LLC, a Delaware limited liability company, successor by name change to ARGOS CEMENT LLC, successor by merger with ARGOS READY MIX LLC, a Delaware limited liability company, successor by merger with ARGOS READY MIX (CAROLINAS) CORP., a North Carolina corporation, successor by name change to SOUTHERN EQUIPMENT COMPANY, INC., a North Carolina corporation Mailing address: 3015 Windward Plaza, Suite 300 Alpharetta, GA 30005 GRANTEE HOLLINGSHEAD MATERIALS LLC, a Tennessee limited liability company Mailing address: 1000 Hollingshead Circle Murfreesboro, TN 37129 4870-0576-9752v2 2946663-000004 03/30/2022 The designation Grantor and Grantee as used herein shall include said parties, their successors and assigns, and shall include singular or plural as required by context. WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, alien, convey, transfer and confirm unto Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of land more particularly described as follows (the "Property" or "Land"): See Exhibit "A" attached hereto and incorporated herein by reference. Together with all right, title and interest of Grantor, if any, in and to all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, all buildings and other improvements located thereon, and to all roads, alleys and ways bounding the Property. This conveyance is made subject only to taxes and assessments for the year 2022 and subsequent years not yet due and payable and those matters listed on Exhibit `B" attached hereto and incorporated herein by reference (collectively, the "Permitted Encumbrances"). TO HAVE AND TO HOLD unto Grantee, its successors and assigns, in fee simple, forever. Grantor does further for itself and its successors and assigns, warrant, represent and covenant with Grantee, its successors and assigns, that Grantor will warrant and forever defend the right and title to the herein described Property unto Grantee against the lawful claims of all persons owning, holding or claiming by, through or under Grantor and not otherwise, subject to the Permitted Encumbrances. [Signature appears on the following page] 4870-0576-9752v2 2946663-000004 03/30/2022 IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be executed on the date first above written. GRANTOR: ARGOS USA LLC, a Delaware limited liability company, successor by name change to ARGOS CEMENT LLC, successor by merger with ARGOS READY MIX LLC, a Delaware limited liability company, successor by merger with ARGOS READY MIX (CAROLINAS) CORP., a North Carolina corporation, successor by name change to SOUTHERN EQUIPMENT COMPANY, INC., a North Carolina corporation By: Name: William B. Wagner Title: President STATE OF GEORGIA COUNTY OF FULTON Before the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared William B. Wagner, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the President of Grantor herein, the within named bargainor, and that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of said company in his official capacity. WITNESS my hand and seal at office this .79 day of March, 2022. Notary Public Commission Expires: [ / —44' ?-!?A X [ Affix Notary `wllliip plI L INro�r��r A,% • i 4:d p1Aay :} Amp : = wJ Puev i, • • .ti 9 • O �MBEF;.• • C'J !e s• 4870-0576-9752v2 2946663-000004 03/24/2022 EXHIBIT "A" Legal Description (Site Identifier: Kinston, Lenoir County, North Carolina) File No.: NCS-I 112912-6-CHI2 The Land referred to herein below is situated in the County of Lenoir, State of North Carolina, and is described as follows: BEING THAT CERTAIN TRACT OR PARCEL CONSISTING OF 3.31 ACRES, MORE OR LESS (INCLUDING RAILROAD RIGHT-OF-WAY) AS SHOWN ON THAT CERTAIN MAP ENTITLED "SURVEY FOR SOUTHERN EQUIPMENT COMPANY, INC." DATED OCTOBER 26, 1992, PREPARED BY KENNETH R. BIGGS, SR., RLS L-3110, WHICH MAP APPEARS OF RECORD IN PLAT CABINET 4 AT PAGE 228 OF THE LENOIR COUNTY REGISTRY. SAVE AND EXCEPT A PORTION THEREOF CONSISTING OF .328 ACRES, MORE OR LESS, CONVEYED BY DEED RECORDED IN BOOK, 1173 PAGE 488 IN THE OFFICE OF THE REGISTER OF DEEDS FOR LENOIR COUNTY, NORTH CAROLINA. 4870-0576-9752v2 2946663-000004 03/30/2022 EXHIBIT `B" Permitted Encumbrances (Site Identifier: Kinston, Lenoir County, North Carolina) 1. [Intentionally deleted.] 2. [Intentionally deleted.] 3. [Intentionally deleted.] 4. Taxes for the year 2022, which are a lien, but not yet due and payable, and all subsequent years, plus any penalties and interest which may accrue. 5. [Intentionally deleted.] 6. [Intentionally deleted.] 7. Easements and any other facts as shown on plat recorded in Plat Cabinet 4, Page 228, Lenoir County Registry. 8. Easement to Piedmont Natural Gas Company, Inc. recorded in Book 1604, Page 296, Lenoir County Registry. 9. Easement to North Carolina Natural Gas Corp., a Delaware corporation recorded in Book 456, Page 96; and Book 521, Page 24, Lenoir County Registry. 10. Easement to Carolina Power and Light Company recorded in Book 970, Page 509; Book 512, Page 88; Book 521, Page 387, Lenoir County Registry. 11. Easement to North Carolina Telephone and Telegraph Company recorded in Book 532, Page 395, Lenoir County Registry. 12. Title to that portion of the Land, if any, lying within the railroad right of way extending up to one hundred feet (100') on each side of the tracks or two hundred feet (200') in total width, whichever is greater and rights of way for railroad, switch tracks, spur tracks, railway facilities, easements, and other related interests, if any, on and across the Land. 13. [Intentionally deleted.] 14. Rights of others in and to the use of easement(s) appurtenant affecting the Land, if any. 15. [Intentionally deleted.] 16. [Intentionally deleted.] 17. Riparian rights, if any. 18. Reservation of gas, oil and/or mineral rights. 19. Any inaccuracy in the area, square footage or acreage of the Land to be insured hereunder. 20. Title to and easements in, any portion of the Land lying within any highways, roads, streets or other ways. 4870-0576-9752v2 2946663-000004 03/30/2022 21. Matters shown on survey entitled "Kinston", dated March 1, 2022, prepared by James Henson, Professional Surveyor, License No. L-5425. 4870-0576-9752v2 2946663-000004 03/30/2022