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Home My WebLink About20201937 Ver 3_Dead Tree Eureka CE Final_20220607Page 1 of 26 Type: CONSOLIDATED REAL PROPERTY Recorded: 4/5/2022 2:53:44 PM FeeAmt: $1,921.00 Page 1 of 26 Revenue Tax: $1,851.00 EDGECOMBE COUNTY, NORTH CAROLINA Vila R. Anderson Register of Deeds This certifies that there are no delinquent ad valorem real esti3Kcel,15l fhcPG 1024 - 1049 Edgecombe County Tax Collector is charged with collecting, that are a lien on: Pin No. 48150796300 Excise Tax $ 1 r7 5 PREPARED BY: Manning, Fulton & Skinner, PA (Joseph B. Bass III) — WITHOUT TITLE EXAMINATION BY MANNING FULTON RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Restoration Systems, LLC Attn: Mr. Barrett Jenkins 1101 Haynes St. Suite 211 Raleigh, NC 27604 PERMANENT CONSERVATION EASEMENT THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") is made this Z y-6 day of March, 2022, by and between Eureka -Etheridge Farms, LLC, a North Carolina limited liability company (hereinafter referred to as "Grantor"), and Restoration Systems, LLC, a North Carolina limited liability company (hereinafter referred to as "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 approximately one hundred thirty-two and eighteen -hundredths (132.18) acres of real property situated, lying, and being in Edgecombe County, North Carolina, more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"), which such Property is located over and upon that certain larger tract of land owned in fee simple by Grantor and described on Exhibit B ("Grantor's Land"); WHEREAS, Grantee is a North Carolina limited liability company whose purpose is the conservation of property and who is qualified to be the grantee of a conservation easement under N.C. Gen. Stat.§ 121-35; Submitted electronically by "Manning Fulton & Skinner, P.A." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Edgecombe County Register of Deeds. Page 2 of 26 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: unnamed tributaries, open field ditches, and the adjacent riparian resources and similar resources. The purpose of this Conservation Easement is to restore and maintain riparian resources, aquatic and ecological resources, and other natural values of the Property and to 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; and WHEREAS, the preservation of the Property is required by Grantee's Dead Tree Umbrella Nutrient Offset Banking Instrument in the Tar -Pamlico River Basin (the "NOBI") (NCDWR # 2020-1937v3 that was approved by the North Carolina Division of Water Resources ("NCDWR") on November 10, 2021. The NOBI is between Grantee, acting as the "Bank Sponsor", and NCDWR. The use of the Property in accordance with this Conservation Easement is to restore the Property to a natural vegetated condition as provided in and specified in the Dead Tree A and B Bank Parcel Development Packages (the "BPDP") which was approved by NCDWR on November 16 and November 10, 2021. The approval of the NOBI and the BPDP allow Grantee to establish the Dead Tree A and B Bank Parcels on the Property (the "Mitigation Bank"). The Mitigation Bank is intended to provide nutrient offsets for impacts permitted by NCDWR due to development (both existing and proposed) within restricted areas of the Tar -Pamlico River Basin. Grantor and Grantee agree that third -party rights of enforcement shall be held by NCDWR, to include any successor agencies, and that such rights are in addition to, and do not limit, the rights of Grantee to comply with its NOBI. and its BPDP with the NCDWR. 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 are hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors, and assigns, in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof and with a right of access, as follows: ARTICLE I. DURATION OF EASEMENT; AREA OF EASEMENT This Conservation Easement, including all appurtenant rights set forth herein, shall be perpetual. This Conservation Easement, including all appurtenant rights set forth herein, is an casement 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. 3628144v3_rBB.26275.1"29798 Page 3 of 26 ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. 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 Property or any introduction of non-native plants 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 Property. C. Industrial, Commercial, and Residential Use. Industrial, residential, and commercial activities, including any right of passage for such purposes, are prohibited. D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use on, over, upon, or within the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or mowing of trees, shrubs, or other vegetation from, on, or in the Property, 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 (5) consecutive years from the date on page 1 of this Property, except where mowing will negatively affect vegetation or disturb soils. Mowing activities shall only be performed by Grantee and shall not violate any part of Item L of Article II or extend beyond five (5) years from the date on page 1 of this Conservation Easement. F. Roads and Trails. There shall be no construction of roads, trails, or walkways on, over, or upon the Property nor enlargement or modification to existing roads, trails, or walkways. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property, or signs identifying Grantor as owner of the Property. 3628144v3J1313.262751-29798 3 Page 4 of 26 H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property 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 Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, tilling, 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 Property 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 under 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 on, over, upon, or within the Property, other than for temporary or occasional access by Grantee, its employees, contractors, agents, successors, assigns, and NCDWR for purposes of constructing, maintaining, or monitoring the restoration of riparian areas within the Property. M. Other Prohibitions. Any other use of, or activity on, over, and upon, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems is prohibited. ARTICLE III. GRANTOR'S RESERVED RIGHTS Grantor expressly reserves for itself, its personal representatives, heirs, successors, and 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 3628144v3.MB.26275.T29798 4 Page 5 of 26 conveyance is subject to the terms of, and specifically references, this Conservation Easement. Notwithstanding the foregoing restrictions set forth in Article II above and otherwise in this instrument, Grantee reserves for itself acting as the Bank Sponsor, its successors and assigns, the right to construct a Mitigation Bank and to perform activities related to the restoration of riparian areas within the Property in accordance with the approved NOBI and corresponding BP.DP. ARTICLE IV. GRANTEE'S RIGHTS; ACCESS EASEMENT Grantee and its authorized representatives, employees, agents, successors, assigns, and NCDWR, shall have the right to enter the Property (including access over Grantor's Land) at all reasonable times for the purpose of inspecting said Property to determine if Grantor or its personal representatives, heirs, successors, or assigns are complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies and taking samples. The easement rights granted herein do not include public access. Accordingly Grantor hereby grants and conveys unto Grantee, its authorized representatives, employees, agents, successors, assigns, and NCDWR a perpetual, non-exclusive easement for ingress and egress over and upon Grantor's Land at all reasonable times and at the location more particularly described on Exhibit A ("Access Easement") attached hereto and incorporated herein by this reference, to access the Property for the purposes set forth herein. This grant of easement shall not vest any rights in the public and shall not be construed as a public dedication of the Access Easement. Grantor covenants, represents, and warrants that it is the sole owner of and is seized of Grantor's Land in fee simple and has the right to grant and convey this Access Easement. ARTICLE V. ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Conservation Easement, Grantee and the NCDWR are allowed to prevent any activity, on or use of, the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that conies to the attention of Grantee, Grantee shall notify Grantor in writing of such breach. Grantor shall have thirty (30) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after thirty (30) days, Grantee may enforce this Conservation Easement by appropriate legal proceedings including claims for damages and injunctive and other legal and equitable relief. Notwithstanding the 3628144v3.11313.26275.T29798 5 Page 6 of 26 foregoing, Grantee reserves the immediate right, without notice, to obtain a temporary restraining order or injunctive or other appropriate relief if the breach of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. Grantor and Grantee acknowledge that under such circumstances damage to Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of 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 Grantee's expenses, court costs, and reasonable attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have the same right to enforce the terms and conditions of this Conservation Easement as Grantee. B. No failure on the part of Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or pravision 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 Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees, agents, contractors, 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 Property resulting from such causes. ARTICLE VI. MISCELLANEOUS A. Warranty. Grantor warrants, covenants, and represents that it owns the Property in fee simple, that Grantor owns all interests in the Property which may be impaired by the granting of this Conservation Easement, and 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 also warrants that Grantee shall have the use and enjoyment of 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 whatsoever. B. Subsequent Transfers. 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 Property. Grantor agrees to provide written notice of such transfer to Grantee at least thirty (30) days before the date of the transfer. Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified, or terminated without the prior written consent and approval of NCDWR. 3628144v3.113B.26275.T29798 6 Page 7 of 26 C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable; provided, however, that Grantee hereby covenants and agrees that, in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34, et seq. and § 170(h) of the Internal Revenue Code, and Grantee also 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 NOBI with corresponding BPDP and this instrument set forth the entire agreement of the parties with respect to the Conservation Easement and supersedes 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 except those incun-ed after the date hereof and which are expressly subject and subordinate to the Conservation Easement. 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 Grantor of the obligation to comply with federal, state, or local laws, regulations, and permits that may apply to the exercise of Grantor's reserved rights set forth in Article III. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. 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 unposed 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. Eminent Domain 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 Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this Conservation Easement at the time of this grant to the value of the Property 3628144v3.313B.26275.T29798 7 Page 8 of 26 (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, under Section 170(h) of the Internal 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. I. 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 in accordance with this Paragraph): To Grantor: Eureka -Etheridge Farms, LLC CIO Marvin E. Ward 218 Old Farm Road Roanoke Rapids, NC 27870-3219 To Grantee: Restoration Systems, LLC 1101 Haynes Street Suite 211 Raleigh, NC 27604 Attn: Mr. Barrett Jenkins To NCDEQ -DWR: NCDEQ — Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 1. 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 in accordance with this Conservation Easement, then Grantee's interest shall become vested in 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 Grantee under any applicable laws and provided such amendment is consistent with the conservation purposes of this grant. 3628144331313.26275.T29798 8 Page 9 of 26 L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in the BPDP, prepared by Grantee acting as the Bank Sponsor for the BPDP. The BPDP is acknowledged by Grantor to be complete and accurate as of the date hereof. Grantor has copies of the BPDP. The BPDP will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terns of this Conservation Easement. However, the BPDP is not intended to preclude the use of other evidence to establish the present condition of the Property 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 page left intentionally blank; signatures follow.] 36281440.J8B.26275.T29798 9 Page 10 of 26 IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. GRANTOR: Eureka -Etheridge Farms, LLC, a North Carolina limited liability company By: % 6 , UV a.A.. [SEAL] Name: 1�II arvin E. Ward Title: Manager STATE OF NORTH CAROLINA COUNTY OF {FAX I, l , 4f/71/, p, ; a Notary Public of the aforesaid County and State, certify that Marvin E. Ward personally came before me this day and acknowledged that he or she is Manager of Eureka -Etheridge Farms, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of Eureka -Etheridge Farms, LLC, a North Carolina limited liability company, signed the foregoing instrument on behalf of Eureka -Etheridge Farms, LLC, a North Carolina limited liability company WITNESS my hand and official seal, this the day of , 20 2? i NOTARY PUBLIC My Commission Expires: i" 3628144v3.713U.26275.T29798 10 Page 11 of 26 THIS CONSERVATION EASEMENT AGREED AND ACCEPTED BY GRANTEE: Restoration Systems, LLC, a North Carolina limited liability company By: Name: Title`( STATE OF NO TH CAR LINA COUNTY OF SEAL] I certify that the following person personally appeared before me this day, acknowledging to me that *tied ed theAoregoing cuum{en as the duly authorized signatory for Restoration Sys , LC: J h n Weyer) rC,J tLp� in %,`e Et4 , T,/ my hand and official seal, this 2� day of M6rCh , 20Z \` nMs\ /: ` ("-?1--7-11------ T ? ; zr. r. NOTARY PUBLIC '°8 ;�'U\,- ate:6 1. yMy Commission Expires: -202 1: '9,. `•. 2-15-t� e� ' ,, 'e7-T 0`.. % t 3628 I44v4.JBB.26275.T29798 11 Page 12 of 26 EXHIBIT A PROPERTY DESCRIPTION (CONSERVATION EASEMENT AND ACCESS EASEMENT DESCRIPTION) Conservation Easement Area 4 BEING ALL OF Conservation Easement Area 4 of the Dead Tree Site over a portion of the land of Eureka Etheridge Farms LLC (PIN No 4815079630) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 138 and being the northern most corner of the Conservation Easement Area 4 and being located South 52°54'20" East 577.03 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 138), South 55°56'14" East 172.77' to an iron stake; thence North 40°25'32" East 30.19' to an iron stake; thence North 40°25'32" East 30.19' to an iron stake; thence North 55°56'14" West 154.45' to an iron stake; thence North 51 °00'45" East 168.97' to an iron stake; thence North 64°35'50" East 147.60' to an iron stake; thence North 38°08'25" East 49.34' to an iron stake; thence North 10°48'30" East 87.49' to an iron stake; thence North 19°11'51" East 98.99' to an iron stake; thence North 29°40'40" East 165.15' to an iron stake; thence North 18'45'01" East 433.19' to an iron stake; thence North 29°05' 16" East 58.21' to an iron stake; thence North 39°50'12" East 40.92' to an iron stake; thence North 50°07'41" East 57.68' to an iron stake; thence North 60°58'51" East 108.80' to an iron stake; thence North 66°45'39" East 32.12' to an iron stake; thence North 77° 10' 16" East 35.97' to an iron stake; thence North 87° 11' 12" East 36.19' to an iron stake; thence South 82°25'49" East 30.62' to an iron stake; thence South 74°21'28" East 36.06' to an iron stake; 3628144v3.IBB.26275.T29798 Page 13 of 26 thence South 63°51'49' thence South 54'29'30' thence South 43°11'41' thence South 30°04107' thence South 21 °28'23' thence South 06°40'30' thence South 12°47'27' thence South 23°11'55' thence South 38°17'25' thence South 50°15'01' thence South 60'05'11' thence South 17°20'39' thence South 28°33'02" thence South 13°17'29" thence South 30°41'07" thence South 38°26'01" thence South 44'32'23" thence South 60° 18'22" thence South 66°21' 10" thence North 55°56'14" thence South 37°03'39" thence South 37°03'39" thence South 55°56' 14" thence South 39°29'59" thence South 05°55'05" thence South 20°05'39" thence South 08°31'19" thence South 01°07'45" thence South 30°53'40" thence South 32°23'33" thence South 26°04'46" thence North 51 °57' 12" East 31.14' to an iron stake; ' East 39.46' to an iron stake; ' East 42.87' to an iron stake; ' East 38.12' to an iron stake; ' East 49.21' to an iron stake; East 62.73' to an iron stake; ' West 49.40' to an iron stake; ' West 47.60' to an iron stake; ' West 50.43' to an iron stake; ' West 34.21' to an iron stake; 'West 43.86' to an iron stake; ' West 363.40' to an iron stake; West 198.34' to an iron stake; West 184.63' to an iron stake; West 82.67' to an iron stake; West 103.06' to an iron stake; West 91.71' to an iron stake; West 72.55' to an iron stake; West 89.42' to an iron stake; West 171.35' to an iron stake; West 29.83' to an iron stake; West 30.25' to an iron stake; East 154.82' to an iron stake; West 41.93' to an iron stake; East 143.12' to an iron stake; East 88.31' to an iron stake; East 114.51' to an iron stake; West 355.31' to an iron stake; West 252.51' to an iron stake; West 118.27' to an iron stake; West 207.69' to an iron stake; West 69.32' to an iron stake; 3623 (44v3.FBB.26275.T29798 Page 14 of 26 thence North 27° 16'52' thence North 85°42'32' thence South 85°30'15' thence South 88°04'23' thence North 88°58'00' thence North 78°14'36' thence North 62°43'07' thence North 52°29'33' thence North 46°43'49' thence North 42°49' 15' thence North 32°38'22" thence North 18°21'06" thence North 16°02'37" thence South 54°07'30" thence South 47°26'13" thence North 83 ° 18'38" thence North 85°47'27" thence South 86°55'21" thence North 00°26'44" thence North 03 ° 18'07" thence North 00'25'11" thence North 14°02'28" thence North 02°06'50" thence North 15°48'00" thence North 02°03'36" thence North 16°31'33" thence North 30°28'41" thence North 50° 11'3 0" which is the point of be having an area of 34.77 ' West 57.55' to an iron stake; ' West 168.22' to an iron stake; West 107.97' to an iron stake; West 187.17' to an iron stake; ' West 108.31' to an iron stake; ' West 43.67' to an iron stake; ' West 45.29' to an iron stake; ' West 46.10' to an iron stake; ' West 363.76' to an iron stake; East 91.53' to an iron stake; East 86.00' to an iron stake; East 131.42' to an iron stake; East 126.67' to an iron stake; East 72.12' to an iron stake; East 343.44' to an iron stake; East 84.95' to an iron stake; East 229.44' to an iron stake; East 80.85' to an iron stake; West 111.64' to an iron stake; East 117.56' to an iron stake; East 94.79' to an iron stake; West 183.87' to an iron stake; West 117.89' to an iron stake; West 116.63' to an iron stake; East 60.37' to an iron stake; East 41.20' to an iron stake; East 105.42' to an iron stake; East 41.40' to an iron stake; ginning, acres, more or less. Conservation Easement Area 5 3 628144v3.3B B .26275.T29798 Page 15 of 26 BEING ALL OF Conservation Easement Area 5 of the Dead Tree Site over a portion of the land of Eureka Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 199 and being located South 73°22'02" East 1581.43 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 199), North 52°16'59" East 76.01' to an iron stake; thence North 69°02'57" East 175.59' to an iron stake; thence North 78°57'42" East 233.49' to an iron stake; thence North 79°41'01" East 191.46' to an iron stake; thence North 77° 13'46" East 66.01' to an iron stake; thence North 84°13'44" East 87.98' to an iron stake; thence South 89°40'41" East 154.52' to an iron stake; thence South 86°42'45" East 166.51' to an iron stake; thence South 00°03'41" East 252.36' to an iron stake; thence South 63°59'14" West 147.03' to an iron stake; thence South 00°18'46" West 174.04' to an iron stake; thence North 80°42'59" West 45.74' to an iron stake; thence North 63 ° 19' 16" West 97.63' to an iron stake; thence North 87°18'49" West 148.17' to an iron stake; thence South 80°09'59" West 330.37' to an iron stake; thence South 71°39'31" West 168.27' to an iron stake; thence South 84°26'12" West 67.16' to an iron stake; thence North 78°23'55" West 66.91' to an iron stake; thence North 59'37'15" West 72.95' to an iron stake; thence North 38° 14'27" West 83 44' to an iron stake; thence North 14°30'0I " West 78.01' to an iron stake; thence North 06°00'32" East 82.92' to an iron stake; thence North 29°44'02" East 84.57' to an iron stake; which is the point of beginning, having an area of 10.80 acres, more or less. Conservation Easement Area 6 BEING ALL OF Conservation Easement Area 6 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Fanus LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 222 and being the western most corner of the Conservation Easement Area 6 and being located South 56°40'27" East 2265.17 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, 3628144v3.713B.26275.T29798 Page 16 of 26 E-2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 222), North 25°16'28" East 102.90' to an iron stake; thence North 37°56'23" East 72.75' to an iron stake; thence North 51 °08'36" East 171.30' to an iron stake; thence North 44°26'09" East 130.93' to an iron stake; thence North 63°28'34" East 162.11' to an iron stake; thence North 70° 15' 11 " East 75.54' to an iron stake; thence North 84° 15'44" East 164.10' to an iron stake; thence North 88°25'O1" East 347.15' to an iron stake; thence South 00°08'14" East 180.34' to an iron stake; thence South 89°44'15" East 56.86' to an ironstake; thence South 56°00'13" East 90.04' to an iron stake; thence North 72°24'27" East 112.01' to an iron stake; thence North 47°22'30" East 133.31' to an iron stake; thence North 16° 17'02" East 298.25' to an iron stake; thence North 31°55'22" East 237.48' to an iron stake; thence South 87°42'31" East 83.06' to an iron stake; thence North 56°00'11" East 459.57' to an iron stake; thence South 39°38'32" East 264.93' to an iron stake; thence South 51°44'59" West 51.58' to an iron stake; thence South 67°20'26" West 58.13' to an iron stake; thence South 52°14'48" West 118.24' to an iron stake; thence South 55°03'38" West 208.71' to an iron stake; thence South 62°58'17" West 115.18' to an iron stake; thence South 24° 10'49" West 215.52' to an iron stake; thence South 20°00'22" West 111.13' to an iron stake; thence South 30°21'04" West 79.37' to an iron stake; thence South 37°54' 19" West 86.47' to an iron stake; thence South 51°11'45" West 130.13' to an iron stake; thence South 63°21'14" West 92.24' to an iron stake; thence South 72°42'34" West 70.09' to an iron stake; thence South 78°02'25" West 54.04' to an iron stake; thence North 87° 15'29" West 92.73' to an iron stake; thence North 72°58'27" West 125.37' to an iron stake; thence South 77°59'32" West 83.87' to an iron stake; thence North 82°57'07" West 72.16' to an iron stake; thence South 71°43'22" West 119.57' to an iron stake; thence South 83°48'48" West 96.66' to an iron stake; thence South 89°33'57" West 103.13' to an iron stake; thence South 46°47'46" West 105.75' to an iron stake; thence South 52°30'01" West 107.07' to an iron stake; thence South 25°31'33" West 102.74' to an iron stake; thence North 56°26'53" West 419.35' to an iron stake; which is the point of beginning, having an area of 19.11 acres, more or less. 362E 144v3.11313.26275.T29798 Page 17 of 26 Conservation Easement Area 7 BEING ALL OF Conservation Easement Area 7 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 321 and being the southwestern most corner of the Conservation Easement Area 7 and being located North 82°21'16" East 1913.41 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 321), North 28°39'15" East 183.15' to a non- monumented corner; thence North 31 °34'54" East 219.57' to a non-monumented comer; thence North 47°01' 17" East 31.32' to a non-monumented corner; thence North 56°32'48" East 34.96' to a non-monumented corner; thence North 67°35'33" East 118.87' to a non-monumented corner; thence North 73°06'05" East 43.00' to a non-monumented corner; thence North 66°15'17" East 265.16' to a non-monumented corner; thence North 45°17'49" West 142.16' to a non-monumented corner; thence North 43°21'44" West 22.37' to a non-monumented corner; thence North 39°16'27" West 53.77' to an iron stake; thence North 61°27'09" East 15.57' to an iron stake; thence North 61 °27'09" East 201.82' to an iron stake; thence North 30°15'53" East 75.93' to an iron stake; thence North 49°39'O 1 " East 41.30' to an iron stake; thence North 54° 16' 12" East 81.16' to an iron stake; thence North 64° 11' 10" East 62.20' to an iron stake; thence North 65°52'13" East 117.85' to an iron stake; thence North 42°02'57" East 89.43' to an iron stake; thence North 52°23'38" East 48.65' to an iron stake; thence North 64°51'03" East 61.28' to an iron stake; thence North 74°25'39" East 49.47' to an iron stake; thence South 88°36'59" East 53.92' to an iron stake; thence South 75°06'00" East 46.08' to an iron stake; thence South 64°32'57" East 203.61' to an iron stake; thence South 72°05'50" East 248.22' to an iron stake; thence South 67°10'44" East 114.14' to an iron stake; thence South 53°50'09" East 152.25' to an iron stake; thence South 42°55'26" East 208.40' to an iron stake; thence South 38°31'O1" East 48.93' to an iron stake; thence South 27°54'23" East 84.57' to an iron stake; thence South 50°22'58" East 60.85' to an iron stake; thence South 29° 16'35" East 145.74' to an iron stake; thence South 25°44'33" East 113.81' to an iron stake; 3628144v3.11313.26275.T29798 Page 18 of 26 thence South 05°48'33" thence South 56°55'36" thence South 63°00'16" thence South 58°50'25" thence South 43°52'41" thence South 55°20'42" thence North 59°05'02" thence North 22°11'05" thence South 75°46'33" thence North 44°37'05" thence North 27°00'09" thence North 47°28'45" thence North 43 °22'49" thence North 37°06'O1" thence North 49°46'58" thence North 72° 14' 19" thence North 80°43'18" thence North 65°43'24" thence South 53°23'53" thence South 65°46'32" thence South 36°28' 18" thence South 44°00'03" thence South 55°59'32" thence South 68°20'04" thence South 56°43'41" thence South 65°49'24" thence South 66°44'04" East 56.41' to an iron stake; East 96.18' to an iron stake; East 79.67' to an iron stake; East 132.10' to an iron stake; East 62.06' to an iron stake; West 250.90' to an iron stake; West 333.04' to an iron stake; West 268.24' to an iron stake; West 196.98' to an iron stake; West 73.66' to an iron stake; West 101.71' to an iron stake; West 59.60' to an iron stake; West 47.77' to an iron stake; West 51.81' to an iron stake; West 46.25' to an iron stake; West 142.85' to an iron stake; West 71.07' to an iron stake; West 167.22' to an iron stake; West 44.55' to an iron stake; West 169.54' to an iron stake; West 120.75' to an iron stake; West 42.24' to an iron stake; West 42.62' to an iron stake; West 101.91' to an iron stake; West 85.76' to an iron stake; West 150.91' to an iron stake; West 214.49' to an iron stake; thence South 71°23'48" West 56.05' to an iron stake; thence South 32°26'23" West 169.92' to an iron stake; thence South 40° 11'42" West 42.50' to an iron stake; thence South 46°27'14" West 48.38' to an iron stake; thence South 59°59'51" West 47.91' to an iron stake; thence South 73°03' 17" West 46.46' to an iron stake; thence South 86°07'40" West 48.90' to an iron stake; thence North 60°28'12" West 87.14' to an iron stake; which is the point of beginning, having an area of 24.38 acres, more or Iess. Conservation Easement Area 8 BEING ALL OF Conservation Easement Area 8 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 324 and being the southern- most corner of the Conservation Easement Area 8 and being located North 66°50'31" East 3628 144 v3.113 i3. 2627.i .?29798 Page 19 of 26 2515.74 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD ' 83, 2011). Thence from the Point of Beginning (Point No. 324), North 53°28'51" West 209.11' to an iron stake; thence North 29°43'48" West 79.20' to an iron stake; thence North 16°19'58" West 246.94' to an iron stake; thence North 42°01'55" East 294.37' to an iron stake; thence North 31 °42'05" West 86.72' to an iron stake; thence North 44°10'14" East 54.76' to an iron stake; thence North 50°14'07" West 126.07' to an iron stake; thence North 50°17'25" East 61.08' to an iron stake; thence North 29°27'30" East 43.07' to an iron stake; thence North 42°52'57" East 56.13' to an iron stake; thence North 58°56'45" East 56.54' to an iron stake; thence North 00°53'59" East 99.49' to an iron stake; thence North 17°33'54" East 151.87' to an iron stake; thence North 31 °40'32" East 57.53' to an iron stake; thence North 13°33'21" East 130.23' to an iron stake; thence South 72°16'38" East 267.04' to an iron stake; thence South 16°36'38" West 365.60' to an iron stake; thence South 69°56'19" East 199.61' to an iron stake; thence South 02°27'33" West 113.30' to an iron stake; thence South 20°28'03" West 52.63' to an iron stake; thence South 31°57'41" West 47.88' to an iron stake; thence South 49°03'28" West 107.56' to an iron stake; thence South 59°36'42" West 65.21' to an iron stake; thence South 54°27'44" West 134.41' to an iron stake; thence South 38°57'15" West 200.48' to an iron stake; thence South 16°43'22" East 80.85' to an iron stake; thence South 56°45'45" East 97.56' to an iron stake; thence South 44°29' 19" East 167.51' to an iron stake; thence South 61°27'09" West 195.42' to an iron stake; thence South 61°27'09" West 51.61' to an iron stake; which is the point of beginning, having an area of 10.60 acres, more or less. Conservation Easement Area 9 BEING ALL OF Conservation Easement Area 9 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815079630) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 371 and being located South 09°23'53" East 2332.14 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD '83, 2011). 36281443.113B.26275.T29798 Page 20 of 26 Thence from the Point of Beginning (Point No. 371), South 31 °38'22" West 588.64' to an iron stake; thence North 29°30'37" West 23.38' to an iron stake; thence South 67°33'30" West 360.65' to an iron stake; thence South 70°48'28" West 62.32' to an iron stake; thence South 83°10'41" West 57.00' to an iron stake; thence South 89°44'55" West 39.58' to an iron stake; thence North 85°35' 11" West 284.88' to an iron stake; thence North 86°26'16" West 192.03' to an iron stake; thence North 82°55'57" West 107.24' to an iron stake; thence North 70°33'36" West 154.97' to an iron stake; thence North 19°57' 16" East 181.00' to an iron stake; thence North 29°00'21" East 205.69' to an iron stake; thence South 89° 19' 19" East 660.32' to art iron stake; thence North 83°50'17" East 128.99' to an iron stake; thence North 61°56'O1" East 97.78' to an iron stake; thence North 50° 11'40" East 6I.02' to an iron stake; thence North 29°03'17" East 42.78' to an iron stake; thence North 68°58'27" East 24.93' to an iron stake; thence North 73°52'15" East 50.15' to an iron stake; thence North 81 °52' 12" East 31.30' to an iron stake; thence North 87°38'25" East 47.44' to an iron stake; thence South 86°11'09" East 25.45' to an iron stake; thence South 79°19'38" East 34.45' to an iron stake; thence North 59°37'45" East 79,84' to an iron stake; thence North 63°41'35" East 25.85' to an iron stake; thence North 70°38'28" East 25.53' to an iron stake; thence North 77°50'57" East 55.67' to an iron stake; thence North 47°36'46" East 26.80' to an iron stake; thence South 38°16'31" East 54.13' to an iron stake; which is the point of beginning, having anarea of 12.98 acres, mare or less. Conservation Easement Area 10 BEING ALL OF Conservation Easement Area 10 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North. Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 371 and being the northern most comer of the Conservation Easement Area 10 and being located South 09°23'53" East 2332.14 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E=2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 371), South 38° 16'31" East 381.20' to an iron 3628144v3.313H.26275.T29798 Page 21 of 26 stake; thence South 59°14'46" West 268.45' to an iron stake; thence South 02°07'29" East 267.79' to an iron stake; thence North 89°30'59" West 122.99' to an iron stake; thence North 76°11'44" West 44.69' to an iron stake; thence North 59°02'10" West 47.58' to an iron stake; thence North 47°03'01" West 51.47' to an iron stake; thence North 34°39' 14" West 45.80' to an iron stake; thence North 29°30'37" West 108.08' to an iron stake; thence North 31°38'22" East 588.64' to an iron stake; which is the point of beginning, having an area of 4.15 acres, more or less. Conservation Easement Area 11 BEING ALL OF Conservation Easement Area 11 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 396 and being the northern most comer of the Conservation Easement Area 11 and being located South 01°51'45" East 3450.10 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E '2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 396), South 33°05'31" East 178.99' to an iron stake; thence North 62°46'43" East 279.60' to an iron stake; thence South 02°44'31" West 270.81' to an iron stake; thence South 64°31'16" West 71.41' to an iron stake; thence South 59°47'19" West 79.35' to an iron stake; thence South 61 °49' 14" West 236.17' to an iron stake; thence North 62°46'41" West 229.99' to an iron stake; thence North 62°44'30" West 243.93' to an iron stake; thence North 37°56'29" East 56.78' to an iron stake; thence North 56°22'09" East 55.98' to an iron stake; thence North 62°21'49" East 392.43' to an iron stake; which is the point of beginning, having an area of 4.80 acres, more or less. Conservation Easement Area 12 BEING ALL OF Conservation Easement Area 12 of the Dead Tree Site over a portion of the land of Eureka -Etheridge Farms LLC (PIN No 4815377393) lying and being situated in No 6 Township, Edgecombe County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): 3628 (44v3.JBB.26275.T29798 Page 22 of 26 Beginning at an iron stake (Point of Beginning) labeled as Point No. 420 and being located South 04°56'46" East 3984.00 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates N=857,401.9790, E 2,410,093.231 (NAD '83, 2011). Thence from the Point of Beginning (Point No. 420), North 77°40'O1" East 74.37' to an iron stake; thence South 7795'33" East 29.72' to an iron stake; thence South 77°35'33" East 36.94' to an iron stake; thence South 65°00'41" East 63.50' to an iron stake; thence South 46°35'26" East 75.99' to an iron stake; thence South 20°35'36" East 125.87' to an iron stake; thence South 17°06'40" East 131.88' to an iron stake; thence South. 06°56'49" East 176.56' to an iron stake; thence South 03°36'53" East 194.14' to an iron stake; thence South 05°39'27" West 474.15' to an iron stake; thence North 82°42'37" West 414.47' to an iron stake; thence North 06° 10'43" East 430.06' to an iron stake; thence North 05°02'14" West 273.97' to an iron stake; thence North 19°36'54" West 197.39' to an iron stake; thence North 00°47'34" East 59.75' to an iron stake; thence North 15°16'30" East 60.40' to an iron stake; thence North 37'00'37" East 88.35' to an iron stake; thence North 61 °51' 19" East 73.47' to an iron stake; which is the point of beginning, having an area of 10.59 acres, more or less. ALL OF THE FOREGOING CONSERVATION EASEMENT AREAS as shown on plat of survey titled "Conservation Easement for Restoration Systems, LLC, over a Portion of the Lands of Barnes per D.B. 1677, Pg. 546 (PIN: 4805-77-7202), and Also, Craven, Kimball & Harris per D.B. 1199 Pg. 287 (PIN; 4805-86-7153), and Also, Eureka Etheridge Farms, LLC per D.B. 1592, Pg. 804, Tracts 1, 2 & 3 (PIN(S): 4815-07-9630 & 4815-37-7393), No. 6 Township, Edgecombe County, North Carolina" dated February 5, 2022, by K2 Design Group, and recorded in Plat Cabinet 13, Pages 219 through 223, Edgecom.be County Register of Deeds. AND ALL SUCH CONSERVATION EASEMENT AREAS TOGETHER WITH those certain new non-exclusive access easements labeled as "Access Easement 3", "Access Easement 4", "Access Easement 6", "Access Easement 7", "Access Easement 8", "Access Easement 9", "Access Easement 10", "Access Easement 11", and "Access Easement 12", all for ingress, egress, and regress and all as shown and more particularly described on the foregoing described plat of survey recorded in Plat Cabinet 13, Pages 219 through 223, Edgecombe County Register of Deeds. Access Easement 5 was intentionally omitted. 3 628144v3.7BB.26275.T29798 Page 23 of 26 EXHIBIT B GRANTOR'S LAND DESCRIPTION OVER WHICH THE PROPERTY (CONSERVATION EASEMENT) IS LOCATED Lying and being situate in Edgecombe County, NC, and being more particularly described as follows: TRACT 1: That certain tract or parcel of land in No. 6 Township, Edgecombe County, North Carolina, situate on the northern side of N.C. State Road 1423 near its intersection with N.C. Highway 44, bounded on the North by Tracts Nos. 2 and 5 of Etheridge Division, on the East by Tract No. 5, on the South by N.C. State Road 1423 and Tract No. 6 and on the West by Tracts Nos. 2 and 3 of said Division, and being more particularly described as follows: BEGINNING at a point in the center line of the N.C. State Road 1423, said point being a corner of Tract No. 3 and in the Tine of Tract No. 6 of the Etheridge Division, said point also being the following courses and distances, as measured along the center line of N.C. State Road 1423, in an eastern direction, from the point of intersection of the center line of N.C. State Road 1423, if extended, with the center fine of N.C. Highway44; South 84 deg. 35 min. East 1110.1 feet, South 84 deg. 35 min. East 113.0 feet, South 68 deg. 38 min. East 1494.9 feet, South 68 deg. 38 min. East 306.9 feet, South 58 deg. 36 min. East 231.5 feet to the beginning paint; thence from the point of beginning, with the line of Tract No. 3 of this Division, and also the center of a farm road North 23 deg. 48 min. East 613.2 feet, North 34 deg. 20 min. East 250.0 feet, North 28 deg. 21 min. East 1040.9 feet, North 49 deg. 34 min. East 224.3 feet, North 32 deg. 02 min. East 100.00 feet, North 20 deg. 10 min. East 597.6 feet, North 21 deg. 18 min. East. 703.9 feet, North 19 deg. 26 min. East 539.8 feet, North 2i deg. 30 min. East 445.0 feet, North 4 deg. 22 min. East 100.0 feet to an iron pipe at the northeast comer of Tract No. 3, thence continuing with center of said farm road North 5 deg. 40 min. West 200.0 feet to an iron pipe, thence North 10 deg. 44 min. East 100.0 feet to an iron pipe, thence North 19 deg. 10 min. East 240.0 feet, North 51 deg. 13 min. East 100.0 feet, North 74 deg. 17 min. East 100.0 feet, North 75 deg. 36 min East 100.0 feet, North 46 deg. 42 min. East 100.0 feet, North 18 deg. 06 min. East 250.0 feet, North 28 deg. 16 min. East 165.0 feet, North 44 deg. 52 min. East 50.0 feet, North 61 deg. 32 min. East 50.0 feet to an iron pipe and North 85 deg. 46 min. East 88.0 feet to an iron pipe, a comer of Tract No. 5, thence continuing along the center of said farm road and with the line of Tract No. 5, South 67 deg. 39 min. East 300.0 feet to an iron pipe, South 74 deg, 47 min. East 100.0 feet, South 78 deg. 56 min. East 100.0 feet, South 82 deg. 14 min. East 100.0 feet, South 84 deg. 42 min. East 100.0 feet. North 88 deg. 39 min. East 136.2 feet to an iron pipe and South 46 deg. 15 min. East 320.0 feet to an iron pipe in said farm road, thence leaving said road and continuing with the fine of Tract No. 5, South 34 deg. 47 min. West 537.4 feet, South 29 deg. 18 min. East 280.0 feet, South 23 deg. 03 min. East 260.0 feet, and South 53 deg. 05 min. East 285.0 feet to an iron pipe in the center of another farm road, thence with the center of said other farm road, and continuing with the line of Tract No. 5, South 41 deg. 20 min. West 259.6 feet to an iron pipe, thence South 32 deg. 56 min. West 390.0 feet, thence South 34 deg. 58 min. West 500.0 feet, South 35 deg. 05 min. West 600.0 feet, South 36 deg. 55 min. West 200.0 feet, South 34 deg. 06 min. West 400.0 feet, South 33 deg. 41 min. West 300.0 feet, South 35 deg. 39 min. West 250.0 feet, South 31 deg. 00 min. West 200.0 feet, South 33 deg. 39 min. West 400.0 feet and South 34 deg. 17 min. West 117.0 feat to an iron pipe in the intersection of two farm roads, thence South 35 deg. 45 min. West 1664.1 feet to a point in the center of N.C. State Road 1423, also a comer of tract No. 5 in the line of Tract No. 6, thence along and with the center of N.C. State Road 1423 and the line of Tract No. 6, North 58 deg. 36 min. West 968.0 feet to the point of beginning, and being Tract No. 4 of the Etheridge Division, containing 189.67 acres. Including .67 acre in the right of way of N.C. State Road 1423, and being an map entitled "Plat Division of the 'Eureka Farm' belonging to Heirs of Claude Etheridge, No. 6 Township, Edgecombe County, N.C., Scale 1" 660', December 8, 1979", made by Cyril C. Waters, Registered Surveyor, Roanoke Rapids, N.C., to which map reference is hereby made, 36281440.3i3I3.26275.T29798 Page 24 of 26 TRACT 2: That certain tract or parcel of land in No. 6 Township, Edgecombe County, North Carolina, situate on the northern side of N.C. State Road 1423, near its intersection with N. C. Highway 44, bounded on the North by Fishing Creek, on the East by Fishing Creek, the Staten Land and Tract No. 6 of the Etheridge Division, on the South by Tract No. 6, the Malvin H. Smiley and Mary E. Smiley Home Lot and N.G. State Road 1423, and on the west by Tracts Nos. 4 and 2 of said Division, beginning at a point in the center of State Road 1423, at the southeastern corner of Tract No. 4 in the line of Tract No. 6, said point also being the following courses and distances, as measured along the center line of N.C. State Road 1423, in an eastern direction, from the point of intersection of the center line of N.C. State Road 1423, if extended, with the center line of N.C. Highway 44; South 84 deg. 35 min. East 1110.1 feet, South 84 deg. 35 min. East 113 feet, South 68 deg. 38 min. East 1494.9 feet, South 68 deg. 38 min. East 306.9 feet, South 58 deg. 30 min. East 231.5 feet and South 58 deg. 36 min. East 968.0 feet to the beginning point, thence from the point of beginning with the line of Tract No. 4, North 35 deg. 45 min. East 1664.1 feet to an iron pipe at the intersection of two farm roads, thence along and with the center of a farm road, and the line of Tract No. 4, North 34 deg. 17 mire. East 117.0 feet, north 33 deg. 39 min. East 400.0 feet, North 31 deg. 00 min. East 200.0 feet, North 35 deg. 39 min. East 250.0 feet, North 33 deg. 41 min. East 300.0 feet, North 34 deg. 06 min. East 400.0 feet to an iron at the intersection of two farm roads, thence continuing along and with the center of a farm road, North 36 deg. 55 min. East 200.0 feet, North 35 deg. 05 min. East 600.0 feet, North 34 deg. 58 min. East 500.0 feet, North 32 deg. 56 min. East 390.0 feet to an iron pipe, thence North 41 deg. 20 min. East 259.6 feet to an iron pipe, thence leaving said farm road and continuing with the line of Tract No. 4, North 53 deg. 05 min. West 285.0 feet, North 23 deg, 03 min. West 260.0 feet, North 29 deg. 18 min. West 280,0 feet, and North 34 deg. 47 min. East 537.4 feet to an iron pipe in the center of a farm road, thence with the center of said farm road North 46 deg. 15 min. West 320.0 feet to an iron pipe, South 88 deg. 39 min. West 136.2 feet, North 84 deg. 42 min. West 100.0 feet, North 82 deg. 14 min. West 100.0 feet, North 78 deg. 56 min. West 100 feet, North 74 deg. 47 min. West 100.0 feet to an iron pipe and North 67 deg. 39 min. West 300.0 feet to an iron pipe at the intersection of two farm roads, in the line of Tract No. 2, thence along and with the center of a farm road and the line of Tract No. 2, North 37 deg. 45 min. East 271.5 feet to an iron pipe, North 27 deg. 01 min. East 162.0 feet, North 21 deg. 40 min. East 137.4 feet, North 64 deg. 48 min. East 100.0 feet. South 83 deg. 51 min. East 174.0 feet, North 55 deg. 34 min. East 50.0 feet, North 26 deg. 41 min. East 100.0 feet, North 01 deg. 32 min. West 141.7 feet, North 30 deg. 25 min. East 185.8 feet, North 15 deg. 00 min. East 100.0 feet. North 16 deg. 02 min. West 149.6 feet and North 2 deg. 06 min. West 714 feet, leaving said road and through a stake on the southern bank, to a point in the center of Fishing Creek, thence along, with, and down the approximate center of Fishing Creek as it flows on the southeastern direction toward Tar River the following courses and distances: North 31 deg. 05 min. East 485 feet, South 73 deg. 30 min. East 175 feet, South 12 deg. 40 min. East 155 feet, South 9 deg. 30 min. West 240 feet, South 45 deg. 35 min. East 280 feet, South 13 deg. 10 min. West 185 feet, South 34 deg. 50 min. West 225 feet, South 36 deg. 05 min. East 125 feet, South 86. deg. 30 min. East 305 feet, South 56 deg. 10 min. East 160 feet, South 18 deg. 15 shin. East 220 feet, South 48 deg. 20 min. East 135 feet, North 78 deg. 55 min. East 185 feet, North 89 deg. 30 min. East 290 feet, South 58 deg. 30 min. East 195 feet, South 7 deg. 10 min. East 545 feet, South 4 deg. 05 rein. West 135 feet, South 5 deg. 40 min, East 125 feet, South 74 deg. 05 min. East 490 feet, South 28 deg. 55 min. East 190 feet, South 45 deg. 55 min. East 540 feet, South 88 deg. 05 min. East 290 feet, South 3 deg_ 15 min. West 150 feet. South 38 deg. 40 min. West 225 feet, South 49 deg. 35 min. West 195 feat, South 23 deg. 05 min. West 85 feet, South 45 deg. 40 min. East 140 feet, North 89 deg. 35 min. East 445 feet, North 58 deg. 30 min. East 170 feet. North 19 deg, 55 min. East 245 feet, North 10 deg. 20 min. East 345 feet, North 12 deg. 10 min. West 270 feet, North 14 deg. 25 min. East 340 feet, North 89 deg. 05 min, East 170 feet, South 21 deg. 05 min. East 405 feet, South 62 deg. 40 min. East 295 feet, South 21 deg. 05 min. East 90 feet, South 34 deg. 50 min West 140 feet, South 55 deg. 10 min. West 225 feet, South 36 deg. 50 min. East 155 feet and North 84 deg. 00 min. East 680 feet to a point on the southern bank of Fishing Creek, also a corner of the Staton Land, thence with the Staton Line, also a ditched out branch, South 22 deg. 55 min. West 355 feet, South 17 deg. 55 min. East 80 feet, South 6 deg. 18 min. East 290.5 feet to a point In the center of said branch, also a corner of Tract No. 6, thence with the line of Tract No. 6. South 3628i44v3.7BB.26275.T29798 Page 25 of 26 85 deg. 15 min. West 1771.3 feet to an iron pipe, thence South 16 deg. 56 min. West 355.7 feet to an iron pipe, North 71 deg. 48 min. West 232.8 feat, North 53 deg. 28 min. West 100.0 feet, and North 36 deg. 12 min. West 600.0 feet to an iron pipe, thence South 46 deg. 00 min. West 67.5 feet, to an iron pipe, South 17 deg. 21 min. East 155.6 feet, South 37 deg. 12 min. West 170,4 feet, North 87 deg. 21 min. West 261 feet, South 77 deg. 55 min. West 220 feet, South 4 deg. 35 min. East 440 feet, South 45 deg. 40 min. West 195 feet, South 69 deg. 55 min. West 295 feet, North 78 deg. 10 min. West 215 feet, South 58 deg. 15 min. West 230 feet, South 78 deg. 40 min. West 225 feet, South 57 deg. 05 min. West 95 feet, South 43 deg. 21 min. East 245 feet, South 77 deg. 54 min. East 334 feet, South 79 deg. 19 min, East 169.4 feet, South 9 deg. 01 min. West 193.5 feet, South 87 deg. 35 min. West 385.5 feet, South 73 deg. 55 min. West 146.5 feet, South 47 deg. 47 min. East 166.5 feet. South 53 deg. 53 min. West 200 feet along a ditch, thence South 29 deg. 59 min. West 164.3 feet to an iron pipe in the center of a farm road, thence with the center of the farm road South 52 deg. 02 min. East 481.0 feet to a point in said road, thence with a pasture fence, South 64 deg. 20 min. West 608.1 feet to a fence post, thence South 25 deg. 48 min. West 326.0 feet, South 60 deg. OS min. West 158.0 feet to an iron pipe, thence South 77 deg. 24 min, West 980.3 feet to an iron pipe, thence South 54 deg. 28 min. West 130.1 feet to an iron pipe, thence South 4 deg. 04 min. West 37.5 feet to a point in the line of the home lot of Melvin H. Smiley and wife, Mary E. Smiley, thence with said lot line North 84 deg. 03 min. West 253.6 feet to an iron pipe, South 1 deg. 59 min. West 484.4 feet to an iron pipe, South 80 deg. 19 min. East 126.3 feet to a point in the center of 20 feet wide farm road running from the Smiley home lot to N.C. State Road 1423, thence with the center of said road South 6 deg. 31 min. West 947.7 feet to a point in the center of N.C. State Road 1423, thence with center of said road North 58 deg. 36 min. West 1079.0 feet to the point of beginning and being Tract No. 5 of the Etheridge Division, containing 313.95 acres including land with the creek bed and the right of way of N.C. State Road 1423 and being shown on map entitled, "Plat Division of the `Eureka Farm' belonging to Heirs of Claude Etheridge, No. 6 Township, Edgecombe County, N.C., Scale 1" = 660', December 8, 1979", made by Cyril C. Waters, Registered Surveyor, Roanoke Rapids, N.C., to which map reference is hereby made. TOGETHER WITH the right of ingress and egress over the farm roads or paths abutting said Tract No. 5 as shown on said map of the "Eureka Farm" belonging to heirs of Claude Etheridge. TRACT 3: That certain tract or parcel of land in No. 6 Township, Edgecombe County, North Carolina, situate north and south of N.C. State Road 1423 near its intersection with N.C. Highway 44, bounded on the North and West by Tracts Nos 3, 4 and 5 of the Etheridge Division and the home lot of Melvin H. Smiley and wife, Mary E. Smiley, on the East by Staton land and an the South by King Land and the land of Berry Pittman, Jr. and being more particularly described as follows: BEGINNING at a point in the center of State Road 1423, at the southeastern comer of Tract No. 5, also the point of intersection of the centerline of N.C. State Road 1423 and the centerline of the farm road, if extended, to the home of Melvin H. Smiley and wife, Mary E. Smiley, said point also being the following courses and distances as measured along the centerline of N.C. State Road 1423, in an eastern direction, from the point intersection of the centerline of N.C. State Road 1423, if extended, with the centerline of N.C. Highway 44; South 84 deg. 35 min. East 1110.1 feet, South 84 deg. 35 min. East 113 feet, South 68 deg. 38 min. East 1494.9 feet, South 68 deg. 38 min. East 306.9 feet, South 58 deg. 36 min. East 231.5 feet, South 58 deg. 36 min. East 968.0 feet and South 58 deg. 36 min. East 1079.0 feet to the beginning point, thence from the point of beginning along with the line of Tract No. 5 and the center of the farm road to the home of Melvin H. Smiley and wife, Mary E. Smiley, North 6 deg. 31 min. East 947.7 feet, thence with the line of the Smiley home lot, South 80deg. 19 min. East 94.6 feet to an iron bar, thence North 9 deg. 39 min. East 498.8 feet to an iron pipe, thence North 84 deg. 03 min. West 32,0 feet to a point, thence continuing with the line of Tract No. 5, North 4 deg. 04 min. East 37.5 feet to an iron pipe, thence North 54 deg. 28 3 628144v3.JBB.26275.T29798 Page 26 of 26 min. East 130.1 feet to an iron pipe, thence North 77 deg. 24 min. East 980.3 feet to an iron pipe, thence with a pasture fence North 60 deg. 05 min. East 158.0 feet, North 25 deg. 48 min. East 326.0 feet to a fence post, thence North 64 deg. 20 min. East 608.1 feet to a point in the center of a farm road, thence with the center of the farm road North 52 deg. 02 min. West 481.0 feet to an iron pipe, thence with a ditch, North 29 deg. 59 min. East 164.3 feet, North 53 deg. 53 min. East 200.0 feet, North 47 deg. 47 min. East 166,5 feet, North 73 deg. 55 min. East 146.5 feet, North 87 deg. 35 min. East 385.5 feet, North 9 deg. 01 min. East 193.5 feet, North 79 deg. 19 min. West 169.4 feet, North 77 deg. 54 min. West 334 feet, North 43 deg. 21 min. West 245 feet, North 57 deg. 05 min. East 95 feet, North 78 deg. 40 min. East 225 feet, North 58 deg. 15 min. East 230 feat, South 78 deg. 10 min. East 215 feet, North 69 deg. 55 min. East 295 feet, North 45 deg. 40 min. East 195 feet, North 4 deg. 35 min. West 440 feet, North 77 deg. 55 min. East 220 feet, South 87 deg. 21 min. East 261 feet, North 37 deg. 12 min. East 170.4 feet, North 17 deg. 21 min. West 155.6 feet to an iron pipe, thence North 46 deg. 00 min. East 67.5 feet to an iron pipe, thence South 36 deg. 12 min. East 600.0 feet, South 53 deg. 28 min. East 100.0 feet, South 71 deg. 48 min. East 232.8 feet to an iron pipe, thence North 16 deg. 56 min. East 355.7 feet to an iron pipe thence North 85 deg. 15 min. East 1771.3 feet to the centerline of a ditched out branch, also the Staton Land Property line, thence along with said ditched out branch and the Staton line, South 0 deg. 35 min. West 174.8 feet, South 40 deg. 40 min. West 212 feet, South 11 deg. 25 min. West 206 feet, South 34 deg. 55 min. West 164 feet, South 3 deg. 25 min. West 217 feet, South 12 deg. 25 min. East 67 feet, South 4 deg. 55 min. West 84 feet, South 27 deg. 25 min. West 151 feet, South 37 deg. 35 min. East 63 feet, South 53 deg. 30 min. East 26 feet, thence along a dam ditch South 7 deg. 40 min. West 540 feet, South 36 deg. 15 min. West 293 feet, South 68 deg. 55 min. West 686 feet, North 66 deg. 20 min. West 538 feet, South 49 deg. 35 min. West 50 feet to a branch, thence with said branch South 83 deg. 10 min. West 177 feet. North 65 deg. 05 min. West 119 feet, North 67 deg. 50 min. West 125 feet, North 61 deg. 30 min. West 86 feet to a point in said branch, thence along a wire fence and hedgerow and the Staton line, South 54 deg. 34 min. West 4804 feet to a point in the center of N.C. State Road 1423, thence continuing along and with the Staton line and partly along a ditch, South 31 deg. 59 min. West 1119.5 feet to a stake at the end of a ditch and in the King property line, thence along and with a hedgerow which is the property line with the King Land, North 63 deg. 24 min. West 54.6 feet, North 79 deg. 35 min. West 548 feet, and South. 82 deg. 55 min. West 566 feet to a wire fence on or near a 40-inch oak, a corner of the Berry Pittman, Jr. land, thence with the line of Berry Pittman, Jr. and said fence North 84 deg. 37 min. West 1030.8 feet to a fence post in the Pittman line, also a comer of Tract No. 3, thence with another wire fence and the line of Tract No. 3 North 10 deg. 46 min. East 2212.5 feet to a point in the center of N.C. State Road 1423, thence along and with the center of N.C. State Road 1423, South 68 deg. 38 min. East 306.9 feet, South 5$ deg. 36 min. East 231.5 feet, South 58 deg. 36 min. East 968.0 feet and South 58 deg. 36 min. 1079.0 feet to the point of beginning and being Tract No. 6 of the Etheridge Division, containing 322.36 acres, including land within the right of way of N.C. State Road 1423, and being shown on map entitled, "Plat Division of the 'Eureka Farm' belonging to Heirs of Claude Etheridge. No. 6 Township, Edgecombe County, N.C., Scale 1" = 660', December 8, 1979", made by Cyril C. Waters, Registered Surveyor, Roanoke Rapids, N.C., to which map reference is hereby made. TOGETHER WITH the right of ingress and egress over the farm roads or paths abutting said Tract No. 6 as shown on said map of the "Eureka Fann" belonging to heirs of Claude Etheridge. Less and except: That portion of Tract 6 recorded in Deed Book 939, Page 636, on August 23,1983. and being further described as: That certain tract of land in No. 6 Township, Edgecombe County, North Carolina, located an the northeastern side of State Road 1423, approximately one mile southeast of its intersection with N.C, highway 44, bounded on the north and east by property of Melvin H. Smiley and wile, Mary E. Smiley. on the South by property of Mary Eleanor Bass Howard and Spencer P. Bass, Jr. and on the West by State Road 1423. Beginning at an Iron pipe set in the northeastern right-of-way line of State Road 1423, which road is 60 feet in width, said iron being in the line of the Howard and Bass property and also being located North 57 deg. 28 min. East 32.51 feet from a nalt set in the centerline of said road, thence from the iron at the beginning, along and with the northeastern right.ofway line of State Road 1423, North 55 deg. 12 min. West 100 feet to an iron pipe set in the right•of-way line of said road, cornering, thence North 57 deg. 28 min. East 387.44 feet to an iron pipe, cornering, thence North 32 deg. 32 min. West 37.72 feet to an iron pipe., cornering, thence North 04 deg. 49 min. West 260 feet to an iron pipe, cornering, thence North 84 deg. 47 ruin. East 437.91 feet to an iron pipe, cornering, thence South 32 deg. 32 min. East 159.24 feat to an iron pipe set in a fence line, cornering, thence along and with said fence, also the Howard and Bass property line, South 57 deg. 28 min. West 858.90 feet to the iron pipe In the northeastern right-of-way line of State Road 1423, the point of beginning, containing 3.85 acres, according to survey and plat entitled, "Survey for Stanley W. Garner and wife, Susan M. Garner, No 6 Township, Edgecombe County, N.C., Survey & Map by Kenneth D. Talbot, Registered Land Surveyor, Tarboro, North Carolina, Date: 2 August, 1983, Scale: 1" = 100', to which reference is hereby made. Also conveyed herewith is ail right, title, interest and estate of the grantors in and to the land shown on the above plat, containing .07 acre, which lies within right -of --way of State Road 1423. 3628144v3.3BB.26275329798