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HomeMy WebLinkAbout20131093 Ver 1_Agent Authorization Letter_20140724Burdette, Jennifer a From: Christopher Hopper <CHopper @kleinfelder.com> Sent: Thursday, July 24, 2014 12:39 PM To: Burdette, Jennifer a Subject: FW: Wetlands release letter and MOLs Attachments: 0101320 - Liles - Inscoe Surface RECORDED MOL.pdf, 0500083 - Aycock Surface RECORDED MOL.pdf, 0100734 - Crawley Surface RECORDED MOL.pdf; 0200190 - Isles, Bobby - RECORDED Memorandum of Termination of Lease.pdf; 0500113 - Boseman -Kolb Surface RECORDED MOL.pdf, 0100736 - Crawley Jr. Mining RECORDED MOL.pdf, signed Wet lands delineation request to ACOE 070714.pdf Importance: High Hey Jennifer: Attached please find the permission letter and lease memoranda you requested during our recent site visit. Please let me know if you have any questions. mm Christopher Hopper 3500 Gateway Centre Blvd., Ste 200 Morrisville, NC 27560 o 1919-755-5011 x103 c 1 919 -524 -8370 f1919- 755 -1414 J From: Nyborg, Linda rmailto : Linda. Nyborg(d)iluka.com] Sent: Thursday, July 24, 2014 12:05 PM To: Christopher Hopper Cc: Rech, Charles Subject: FW: Wetlands release letter and MOLs Importance: High Hi Chris. Per Chuck ech's request, the attached documents are forwarded to you to forward to Jennifer. TIC - This message and any attached files may contain information that is confidential and /or subject of legal privileged intended only for use by the intended recipient. If you are not the intended recipient or the person responsible for delivering the message to the intended recipient, be advised that you have received this message in error and that any dissemination, copying or use of this message or attachment is strictly forbidden, as is the disclosure of the information therein. If you have received this message in error please notify the sender immediately and delete the message. All care has been taken to ensure that this message and any attachments are virus free. No responsibility is accepted for any virus infections caused by receipt of this message. 0 BOOK 2 4 13 PAGE 5 2 5 1 1111111 IIIII III IIIII IIIII IIIII IIII111II illll IIIII IIIII Illll IIIII III 11111111 Doc ID: 003616300013 Type: CRP Recorded: 06/20/2013 at 02:18.:45 PM Receipt#: 2012 - 00009149 Fee Amt: $26.00 Page 1 of 13 Revenue Tax: $0.00 Instal 201200011893 Halifax, NC Judy Evans - Barbee Register of Deeds BK2413 PG525 -537 STATE OF NORTH CAROLINA — C P,` HALIFAX COUNTY Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids, NC 27870 MEMORANDUM OF SURFACE LEASE OPTION Parcel Identification Number 0101320 This Memorandu of Surface Lease Option (this "Memorandum ") is entered into and made effective as of June 2013 (the "Effective Date "), by and among: Iluka Resources (NC) LLC, a North Carolii a limited liability company ( "Iluka "); and each of Hubert Leon Liles, a married man; Barbara Ann L. Green, a married woman; Rose L. Inscoe (Life Estate), a married woman; Ava Faye L. Etheridge, a married woman; Linda Undine L. Pittard, a married woman; Virginia Sue L. King, an unmarried woman; David L. Inscoe, a married man; Amy I. Smith, a married woman; Jeff T. Inscoe, a married man; and Danny W. Inscoe, a married man (each, an "Owner" and, collectively, "Owners "). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement') made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property "), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Doc No. 00965 -L -1042 BOOK 2 4 13 PAGE 5 2 6 Parcel Identification Number 0101320 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Surface Lease Option to be executed as of Effective Date. ILUKA RESOU ES NC) LLC By: I A) Inv e t nc. By: Name: Matthew B. Blackwell Title: President and Manager COMMONWEALTH OF VIRGINIA COUNTY OF SUSSEX certify that the following person(s) personally appeared before me this day, and dI have personal knowledge of the identity of the principal(s) have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names ofperson_Cs si nine document here Matthew B. Blackwell Date: (,)7 .tune 2013 Doc No. 00965 -L -1042 Owner Parcel Identification Number 0101320 � Name: Rose L. lnscoe By t .. �• �� o d Name: Claude David lnscoe, Jr., Husb nd I am executing this Memorandum solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and I do not join in any of the representations or warranties contained in the lease. NOTICE ADDRESS: 1569 lnscoe Road Littleton, NC 27850 Telephone Number: (252) 586 -4685 STATE OF NORTH CAROLINA COUNTY OF HALIFAX certify that the following person(s) personally appeared before me this day, and have personal knowledge of the identity of the principal(s) have seen satisfactory evidence of the principal's identity, b current state or ederal identification with the principal's photograph in the form of ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person (s) signing document here Rose L. lnscoe Claude David lnscoe Date: June 2013 �.�`'taORG %u Notary Publiq:'� ` , .., �,, ��i � "'..,,�'°� � � �' "�� ���� :�o... .,�••� ,�' Printed Name: Linda Sue Nyborg ;, Q ; o~ c My Commission Expires: 26 May 2015 ; y` Q o ^;�'a� FhNGoa� County NoiipCaro�ipe....•• A-{.G 4%j Cron No. 209N 015 Miss, Doc No. 00965 -L -1042 3 X15 BOOK 2 4 13 WE 5 2 6 Parcel Identification Number 0101320 Owner /r Name: Hubert Leon Liles By: Name: Barbara Hight Liles ife l am executing this Memorandum solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and l do not join in any of the representations or warranties contained in the lease. NOTICE ADDRESS: 524 &Pearce's Rd. Zebulon, NC 27597 Telephone Number: (� STATE OF NORTH CAROLINA COUNTY OF HALIFAX certify that the following person(s) personally appeared before me this day, and 1 have personal knowledge of the identity of the principal(s) 1 have seen satisfactory evidence of the principal's identity, by, a current state or federal identification with the principal's photograph in the form of �..ia 1:`'u.. ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person (s) signing document here Hubert Leon Liles Barbara Hight Liles Date: 1� June 2013 Doc No. 00985 -L -1042 li `w Notary Publld-� y Printed Name: Linda Sue N bor Y 9 <<f d .4 n: : My Commission Expires: 26 May 2015 �� Q H Caro r Ca"AftiOn NO. 10152 020 15 �► Parcel Identification Number 0101320 NOTICE ADDRESS: 371 Inscoe Rd. Littleton, NC 27850 Telephone Number: STATE OF NORTH CAROLINA COUNTY OF HALIFAX certify that the following person(s) personally appeared before me this day, and ❑ I have personal knowledge of the identity of the principal(s) have seen satisfactory evidence of the principal's identity, bey a current stater federal identification with the principal's photograph in the form -1 w. , i . ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person (s) signing document here Linda Undine L. Pittard Douglas W. Pittard Date: June 2013 Doc No. 00965 -L -1042 .� ORG Notary Publi ��'W,, r,i `� `� •; Printed Name: Linda Sue Nyborg My Commission Expires: 26 May 2015 ® •,® QVZ ®,�;: °mac MWItax C -V. NWOM C® t9A�1F�,or ®�< Linda c rg 0 ,. fir! o . Pubi l� racrr®% Commo No 20101 20 My Conn . ° 5n . vs 60015 BOOK 2 413 PABf 5 3 0 NOTICE ADDRESS: -Wendell, NG-27-6� Telephone Number:( d STATE OF NORTH CAROLINA COUNTY OF HALIFAX Parcel Identification Number 0101320 1 am executing this Memorandum solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and 1 do not join in any of the representations or warranties contained in the lease. certify that the following person(s) personally appeared before me this day, and ❑ I have personal knowledge of the identity of the principal(s) ID/ I have seen satisfactory evidence of the principal's identity, b a cure nt state or,federal identification with the principal's photograph in the form of �, (1- +- ,. ;' �- A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person (s) signing document here Ava Faye L. Etheridge Johnny W. Etheridge, Jr., Husband Parcel Identification Number 0101320 Owner. By: Name: Bar ra Ann L. Green By: Name: Henry reen, Husband I am executing this Memorandum solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and 1 do not join in any of the representations or warranties contained in the lease. NOTICE ADDRESS: 6478 Hwy 48 Roanoke Rapids, NC 27870 Telephone Number: (_j _- STATE OF NORTH CAROLINA COUNTY OF HALIFAX certify that the following person(s) personally appeared before me this day, and ❑ I have personal knowledge of the identity of the principal(s) DI have seen satisfactory evidence of the principal's identity, by a cur ent state or f deral identification with the principal's photograph in the form of L t Cpl C 2 R A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person (s) signing document here Barbara Ann L. Green Henry Green Date: �� June 2013 1-10%0M 1 ► • Notary Printed Name: Linda Sue Nyborg • a - �'� ' My Commission Expires: 26 May 2015' y,•. ° Hgft County, No L61de 8W iryWg - 2010152 20 Doc No. 00965 -L -1042 7r M#C4wftiwE*U5aWl5 ON24 13 PAGE532 Owner Parcel Identification Number 0101320 By:,�.. Name: Virginia Sue L. King NOTICE ADDRESS: 17028 Justice Branch Rd. Littleton, NC 27850 Telephone Number: {� STATE OF NORTH CAROLINA COUNTY OF HALIFAX certify that the following person(s) personally appeared before me this day, and 1 have personal knowledge of the identity of the principal(s) have seen satisfactory evidence of the principal's identity, by a current state or f deral identification with the principal's photograph in the form of.��'..�d'r'Pi .' fir-' A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of erson s signing document here Virginia Sue L. King . .................. . . . . . . . . . . . ... .m.,.w.—� —. — i 0 rv. Date: June 2013 Notary Publi p1 G Printed Name: Linda Sue Nyborg' °� lU���``' -� `• -;, .. My Commission Expires: 26 May 2015: w i f-� `► = Z Unda Commi Sue on.Nc 'F�, 2i)042b� My issipn E r, ISO'srr�!- Doc No. 00965 -L -1042 0224 13 PAE533 NOTICE ADDRESS: 94f Inscoe Road Littleton, NC 27850 Telephone Number: {� STATE OF NORTH CAROLINA COUNTY OF HALIFAX Parcel Identification Number 0101320 I am executing this Memorandum solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and I do not join in any of the representations or warranties contained in the lease. I certify that the following person(s) personally appeared before me this day, and R I have personal knowledge of the identity of the principal(s) have seen satisfactory evidence of the principal's identity, by.a cu rent state or federal identification with the principal's photograph in the form of n A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person (s) signing document here David L. Inscoe Kay S. Inscoe Date: °` June 2013 Doc No. 00965 -L -1042 O t •, .. •, Notary Publi y, ..,.,o.,� �u. ?-v �•.z . _.- Printed Name: Linda Sue Nyborg My Commission Expires: 26 May 2015 , ;�ij•e,,o �.• �_ 4.1 .Notary veatiIW,, No. 20101 15 009 2 413 PARE S 3 4 Parcel Identification Number 0101320 Owner By: Name: Amy I. Smith By: 6z�.=6 � . Name: Charles Cameron Smith, Husband I am executing this Memorandum solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and l do not join in any of the representations or warranties contained in the lease. NOTICE ADDRESS: 1838 NC Hwy 45 North Colerain, NC 27925 Telephone Number: (� STATE OF NORTH CAROLINA COUNTY OF HALIFAX certify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a cum nt state or federal identification with the p rinci P al s p hoto g ra p h in the form of A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person (s) signing document here Amy I. Smith Charles Cameron Smith BOOK 2 4! 3 PARE 5 3 5 NOTICE ADDRESS: 3693 Ben Mil Circle Franklinton, NC 27525 -8393 Telephone Number: (_j - STATE OF NORTH CAROLINA COUNTY OF HALIFAX Parcel identification Number 0101320 Owner Name: D nny W. I co By: Name:µ Laura T. Inscoe, Wife 1 am executing this Memorandum solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and I do not join in any of the representations or warranties contained in the lease. certify that the following person(s) personally appeared before me this day, and have personal knowledge of the identity of the principal(s) El I have seen satisfactory evidence of the principal's identity, byfga curr nt state or fe eral identification with the principal's photograph in the form of d !i­ °'��( ,,� �� ��� ' I A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of persons s ningdocument here Danny W. Inscoe Laura T. Inscoe Date: June 2013 Notary Publi,,,,. Printed Name: Lin da Sue Nyborg � Z•® ®' ` My Commission Expires: 26 May 2015' Linda Sue t- r NOW Czinvriissior- lot 0002,4001.6h etl`o Mi Commission t Apires 50=115 Doc No. 00965 -L -1042 11 NOTICE ADDRESS: 3488 Wright Rd. Littleton, NC 27850 Telephone Number: {_} STATE OF NORTH CAROLINA COUNTY OF HALIFAX Owner By: Name Inscoe By: Name: Donna A. Inscoe, Wife I am executing this Memorandum solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and 1 do not join in any of the representations or warranties contained in the lease. certify that the following person(s) personally appeared before me this day, and have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or f deral identification with the principal's photograph in the form of A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:' Print Names of persons signing document here Jeff T. Inscoe Donna A. Inscoe Date: June 2013 Doc No. 00965 -L -1042 Notary Publ� Q- Printed Name: Linda Sue Nyborg� 6 My Commission Expires: 26 May 2015 :. ?i�•.,••,.,•. Mio1hx county, Linda Sue Nyt org Notary PW* Commission No. 201015200020 W Cwaftsion Expires 5!2612015 112 Parcel Identification Number 4101320 EXHIBIT A TO MEMORANDUM OF SURFACE LEASE OPTION Parcel Identification Number 0101320 OWNER PERCENTAGES LEGAL DESCRIPTION Beginning at the corner of Dirt. No. 1 head of branch and in center Country Road; thence the division line N 63 W 5059 feet to a stake in bottom, corner Div. No. 2 in J.R. Patterson line; thence with Patterson N 33 3/4 E 505 feet to stake; thence N 57 3/4 E 707 feet to stake, large white oak pointers; thence N 26 3/4 W 255 feet to a black gum in branch, Heptinstall corner in Patterson line; thence with Heptinstall line 650 feet up said branch thence N 88 3/4 E 380 feet; thence S 88 E 232 feet; thence S 85 E 85 feet to white oak; thence S 14 E 175 feet to white oak pointer; thence N 79 1/2 E 182 feet; thence N 89 E 243 feet; thence S 88 3/4 E 287 feet; thence S 81 E 170 feet to a stake, Will Robertson line; thence with Robertson S 24 E 470 feet; thence S 32 3/4 E 397 ft. to a large poplar stump on branch, L.I. Crawley corner; then 600 feet down branch to center of branch with pointers; then S 75 1/4 E 120 ft. then S 71 1/2 E 173 ft; then S 61 1/2 E 118 ft. to stake poplar pointers on branch; then 1000 ft. up branch to its head; then S 61 E 350 ft. to center of road, post oak pointer, L.T. Crawley corner; then along old road 1340 ft. to the beginning, containing (211) acres, more or less. It being the identical land conveyed Sue A. Kelly from C.L. Kelly, J.H. Cheatham and wi'v'es, dated Oct_ 2, 1919, and is recorded in office of the Register of Deeds of Halifax County, North Carolina, in Book 339, Page 114, to which book and page reference is hereby had for original description. it being the identical land described in deed of record in Book 394, Page 501 in Halifax County Registry, and in Book 569, Page 540, same Registry. Acknowledgment of legal description: Iluka Resources (NC) LLC [Owners) By: Iluka (USA nts, Inc. Initial: Doc No. 00965 -L -1042 Name(s): Hubert Leon Liles Rose L. Inscoe Linda Undine L. Pittard,, David L. Inscoe -,j Jeff T. Inscoe 13 Barbara Ann L. Green Ava Faye L. Etheridge Virginia Sue L. King Amy I. Smith Danny W. Inscoe �,W 1 Illllll �Illl Ill 11111 111111111111111 llll111111IIII IIIII Nlll lllll IIINIIII IIN Doc ID: 003688840005 Type: CRP Recorded: 03/28/2014 at 10 :50:11 AM Receipt #: 2013 - 00006442 Fee Amt: $26.00 Page i of 5 Revenue Tax: $0.00 Instr# 201300008170 Halifax. NC ,Judy Evans - Barbee Register of Deeds STATE OF NORTH CAROLINA BK2436 Pr-368 -372 COUNTY OF HALIFAX &",Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids, NC 27870 MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 050083 This Memorandum of Surface Lease Option (this "Memorandum ") is entered into and made effective as of March 2014 (the "Effective Date $'), by and among: Iluka Resources (NC) LLC, a North Carolina limited liability company ( "Iluka "); and HORACE G. AYCOCK AND WIFE, DORIS T. AYCOCK (1/2 UNDIVIDED INTEREST) AND DAVID W. AYCOCK, a married man (1/2 UNDIVIDED INTEREST); collectively, ( "Owner"). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement') made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owner granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. DocNo. 00965 -L -1139 Parcel Identification Number 0500083 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option for Surface Lease to be executed as of Effective Date. ILUKA RESOURCES (NC) LLC By: ILUKA (USA) INVESTMENTS, INC., By � Name: Paul Warme Title: Vice President Finance COMMONWEALTH OF VIRGINIA COUNTY OF SUSSEX certify that the following person(s) personally appeared before me this day, and ffI have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Paul Warme Date: March 2014 Notary Public;` °m , �... Printed Name: Linda Sue Nyborg My Commission Expires: 31 March 2016 Ltd Sus w w"Sa"M C Mft n No. MOM Ccer *Wm E*kft 3131018 DocNo. 00965 -L -1139 Parcel Identification Number 0500083 Owner (112 UNDIVIDED INTEREST) By: Horace G. Aycoc By: 4 6oris T. Aycock NOTICE ADDRESS: 764 Inscoe Road Littleton, NC 27850 Telephone Number: (252) 578 -9579 Email: STATE OF NORTH CAROLINA COUNTY OF HALIFAX certify that the following person(s) personally appeared before me this day, and have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by � current state or/I federal Identification with the principal's photograph in the form of a L� ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose staked therein and in the capacity indicated: Print Names of person (s) signing document here Horace G. Aycock Doris T. Aycock _.. ..............� Parcel Identification Number 0500083 Owner (112 UNDIVIDED INTEREST) Sy. David W. Aycock a- y `" Linda M. Aycock, wife NOTICE ADDRESS: 710 Inscoe Road Littleton, NC 27850 Telephone Number: (252) 326 -4171 Email: STATE OF NORTH CAROLINA COUNTY OF HALIFAX certify that the following person(s) personally appeared before me this day, and ❑ I have personal knowledge of the identity of the principal(s) b e orfe eral have seen satisfactory evidence of the principal's Identity, y a curve t stat Identification with the principals photograph in the form of a 0(` - C?(! Ce,ti ' - -- - ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Or- i-n f Name—so erson s si nin document here David W. Aycock ............. Linda M. Aycock ....................................................................................................... ............................... ....... Date: March 2014 DocNo. 00965 -L -1139 Notary Pubic: d L In EXHIBIT A TO MEMORANDUM OF OPTION FOR SURFACE LEASE Parcel Identification Number 0500083 That tract or parcel of land containing 53 acres, more or less, situate, lying and being on the easterly side of N.C. Highway 48 approximately 2 miles south of Aurelian springs, and being more particularly described as follows: Beginning at a stake at the easterly edge of the right of way of N.C. Highway 48 at the corner of the property now or formerly owned by Mrs. Robert Isles, and running thence South 85 -15 East along the "isles line 650 feet, more or less, to a large pine; continuing thence along the said Isles line South 86 -, -45 E 1550 feet to a stake at a corner; running thence South 18 degrees East 346 feet to a stake at another corner; running thence South 72 degrees East 40 feet to a stake at a corner in the property line of property now or formerly owned by Charlie Liles; running thence North 1 -30 East 374 feet more or less, to a large stone; continuing along the said Liles line North 4 -15 East 1212 feet to a stake at a corner at a branch; running thence along said branch in a northwesterly direction 960 feet to a turn in the branch; running thence along said branch in a southwesterly direction 1646 feet to a stake; thence leaving said branch and running North 81 -30 West 644 feet to the westerly edge of the right of way of N.C. Highway 48; running thence in a southerly direction along the westerly edge of said right of way 255 feet to the point of beginning, it being that identical land conveyed to Dolly Wilson Aycock by deed of Mrs. Alice A. Chichester, dated August 26, 1974, and recorded in Book 873, Page 31, Halifax Public Registry. ILUKA RESOURCES (NC) LLC By: ILUKA (USA) INVESTMENTS, INC., 7') r Initial: Doc No. 00985 -L -1139 Owner Names: Horace G. Aycock, Doris T. Aycock and David W. Aycock Initial: —6 ,990K2362 PAGE 36Lj lilfill'lif II�IIIIIIII IIIIIIIIII Illlillllfllffl li� IIIIIIII Doc ID: 003399030004 Tyne: CRP Recorded: 12/13/2011 at 10:18:58 AM Receipt#: 2011 - 00004125 Fee Amt: $26.00 Rage 1 of 4 Revenue Tax: $0,00 InstrM 201100005191 Halifax, NO Judy Evans - Barbee Register of Creeds SK2362PG364 -367 STATE OF NORTH CAROLINA r aQs?u-, HALIFAX COUNTY ,/'Prepared by and returned to: Charles E. Nichols, Jr., Nichols Law PA, Suite 701, 16 W. Martin Street, Raleigh, NC 27601 MEMORANDUM OF SURFACE LEASE OPTION This Memorandum of urface Lease Option (this "Memorandum ") is entered Into and made effective as of .�- r 2011 (the "Effective Date "), by and among: (i) Iluka Resources (NC) LLC, a North Carolina limited liability company ( "lluka "); and (ii) Bobby E. Crawley ( "Owner"). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement") made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property "), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Doc No. 0096.5 -L• 1010 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Surface Lease Option to be executed as of Effective Date. By: ILUKA (USA) INVESTMENTS, INC., Man Name: Matthew B. Blackwell Title: President and Manager y that the following persons) personally appeared before me this day, and II have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a 0 A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Matthew B. Blackwell Date: 3A 2011 Bobby E. Crawley " ) ("I By: Patricia C. Crawley I am executing this surface lease solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and I do, not join in any of the representations or warranties contained in the lease. l#: no 1: 1 1, Key-d U-0 W 9 MOTA COUNTY OF HALIFAX I certify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principals) D/ I have seen, satisfactory evidence of the principal's identity, by a currert state or federal identification with the principal's photograph in the form of a C Dr U-s 1:1 A credible witness has sworn to the identity of the principall(s); Each acknowledging: to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Robert E. Crawley Patricia C. Crawley Date: 2011 Notary Pub( Printed Name: Linda Sue Nyborg My Commission Expires: 26 May 2015 Doc No, 00965- L, -1O)70 min. West 235 feet point Elghway''#L'i thence: a o 1 t .1 j-7-7,7- '�-7-X -�7 , .. :0 IT, N- Cr� �=2100 ,,, Mar6h-, 5, 1966 ,T. � C -Shearin, g3aie er ahCI-I �urveYor,'R66noke rapids, C�'Il, tIle i : I I ; p an property. �Cles c d� Pc 8 B. Robertson �?�bOd 4n deed f rdm T, ii . BOOK 2 3 9 3 PAGE 4 5 4 IIIIIIIIIIIIIIIIIIIIIIII Illllllillll Illlllll Illllllllllllllllllll Doc ID: 003543930003 Type; CRP Recorded: 11/15/2012 at 12:00:35 PM Receipt##: 2012- 00003492 Fee Amt: $2 6.00 Page i of 3 Revenue Tax: $0.00 Instrf# 201200004575 Halifax, NC Judy Evans - Barbee Register of Deeds BK2393 PG454 -456 Prepared by and return to: Charles E. Nichols, Jr., Nichols Law PA, 16 West Martin Street, Suite 701, Raleigh, North Carolina 27601 STATE OF NORTH CAROLINA COUNTY OF HALIFAX TERMINATION OF MEMORANDUM OF SURFACE LEASE OPTION (200190) This TERMINATION OF MEMORANDUM OF SURFACE LEASE OPTION ( "Termination ") is entered into as of March 27, 2012 by and between Iluka Resources (NC) LLC, a North Carolina limited liability company ( "Iluka "), and Bobby Simms Isles ( "Owner "). Owner and Iluka entered into that certain Memorandum of Surface Lease Option ( "Memorandum ") recorded October 20, 2011 in Book 2357, Page 655, Halifax County Registry. The Lease has been terminated and the Memorandum is hereby cancelled of record. [SIGNATURE PAGES FOLLOW] DocNo. 00965 -L -1059 IEGUA 2" 9 %3 PABE 4 5 5 (Parcel Identification Number 0200190) IN WITNESS WHEREOF, Owner and Iluka have caused tMs Ten-nination to be executed as of the date first above written, personally, or by their respective officers or parties thereunto duly authorized. OV%FNER,- ? 6;bby S ms Isles q "§WQVA COUNTY OF HALIFAX: ify that the following person(s) personally appeared before me this day, and 1 have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here 11 Bobby Simms Isles Date: V June 2012 DocNo. 00965-L-1059 Notary Publik- AkjS4A---1---A� Printed Name: Linda Sue Nyborg My Commission Expires: 26 May 2015 1, fig„ "Ile —J ej) e- JX�"-. o- NeWax County, North Carolina 'Oe "! " .- Ulds Sue Nyborg - Notary Public CoMmission No. 201015200020 My Cmmission Expires 512612DIS Z "J J FAR 4 b 6 fluka Resources (NC) LLD BY: Iluka (USA) Inv strri ent , s, Inc., Manager ger By: Name: Matthew B. Blackwell Title: President and' Manager STATE OF VIRGINIA: COUNTY OF SUSSEX ce ify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a 1:1 A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(sl si_gning document here Matthew B. Blackwell Date: - A 5 May 2012 Doc No. 00965-L-1059 3 �g 2 4 15 Ph6E l 21 STATE OF NORTH CAROLINA llllflllflll�lllllllflll llll lllllllllllllllllllllllllllf Illllllllllllllllllllll Doc ID: 003621360004 Type: CRP Recorded: 07/16/2013 at 09:12:14 AM Receipt#: 2013 - 00000401 Fee Amt: $26.00 Page 1 of 4 Revenue Tax: $0.00 Instr# 201300000533 Halifax, NC Judy Evans- Barbee Register of Deeds SK 2415 PG727 -730 1% V_ . COUNTY OF HALIFAX Prepared by and return to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids, NC 27870 MEMORANDUM OF MINING LEASE Parcel Identification Number 0100736 This Memora dum of Mining Lease (this "Memorandum ") is entered into and made effective as of , 2013 (the "Effective Date "), by and between: Iluka Resources (NC) LLC, a North Ca lina limited liability company ( "Iluka "); and Robert E. Crawley, Jr. and wife, Lisa C. Crawley (collectively, "Owner'). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Mining Lease (the "Lease ") made and entered into as of the date first above written by and between the parties hereto, which Lease, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owner leased, and does hereby lease, unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property'), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem necessary or convenient in the conduct of its operations. The Initial Term of the Lease is fifteen (15) years with one additional automatic ten (10) year extension. The Lease contains no options to purchase the Property. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used in interpreting the Lease provisions and in the event of a conflict between this Memorandum and the Lease, the Lease shall control. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. DocNo. 0965 -L -1131 BOOK 2 415 PAGE 12 8 Parcel Identification Number 0100736 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Mining Lease to be executed as of Effective Date. ILUKA RESOURCES NC) LLC By: Iluka ( estm t By: Name: atthew B. Blackwell Title: President and Manager COMMONWEALTH OF VIRGINIA I certify that the following person(s) personally appeared before me this day, and 0/ 1 have personal knowledge of the identity of the principal(s) have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person (s) signiq2 document here Matthew B. Blackwell r r Date:' , ,, .. 2013 DocNo. 0965 -L -1131 Notary Publ Printed Name: Linda Sue Nyborg My Commission Expires: 31 March rte.` t ®® d ®•® cn Q° �= Unft Sue p® o ®a yyJ {Yy •e®®®• ®® {,�` ®® C-OnyrrOnweaw- of Cpl. L , ..���,. J ®1 Illl®® ®' ®r® Can- won No, MyCommis-w. ExOres301/Z018 RK 2 415 P6E `1 Parcel Identification Number 0100736 Name: Lisa C. Crawley STATE OF NORTH CAROLINA COUNTY OF HALIFAX I certify that the following person(s) personally appeared before me this day, and 1 have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or deral identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of erson s si nine document here Robert E. Crawley, Jr. Lisa C. Crawley DocNo. 0965 -L -1131 BOOK 2 4 15 PAK 7 3 0 EXHIBIT A TO MEMORANDUM OF MINING LEASE Parcel Identification Number 0100736 Parcel Identification Number 0100736 BEING Tract No. 4, containing 33.3 acres, more or less, as shown on a certain plat made by J. C. Shearin, C.E., in the division of the lands belonging to the heirs of L. I. Crawley and wife, Annie B. Crawley, dated June 26, 1954, which is recorded in Map Book 7, Page 78, in the Halifax County Registry, to which reference is had and made as a part of the description of this property. The above described Tract Two was acquired by Robert E. Crawley (also known as Robert E. Crawley, Sr.) in a Deed dated July 2, 1973 and recorded in Book 832, Page 297, Halifax County Registry. LESS AND EXCEPT that certain property containing 3.00 acres, more or less, according to that certain survey and map entitled "Property of Robert E. Crawley, Survey for Robert E. Crawley, Jr. & Lisa C. Crawley, Brinkleyville Township, Halifax County, North Carolina ", under date of December 16, 1993 and drawn by Bobbitt Surveying, P.A., Henderson, North Carolina, and as more fully described in that Deed from Robert E. Crawley, Sr. and wife, Patricia C. Crawley to Robert E. Crawley, Jr. and wife, Lisa C. Crawley dated January 7, 1994 and recorded in Book 1593, Page 246, Halifax County Registry. THIS CONVEYANCE is subject to that certain non- exclusive and perpetual appurtenant easement and right - of -way for ingress, egress and regress to and from the 3.00 acre parcel hereinabove described and conveyed to and from NC Highway 48, said easement and right -of -way being twelve (12) feet in width and passing through, along and over the centerline traverse of the twelve (12 ) foot soil farm road (the same being a width of six (6) feet on each side of said centerline traverse of said soil farm road) and as shown, designated and described on the above referenced survey and map, both of to which references are hereby had and made as a part of this easement description for greater certainty. Acknowledgment of legal description: Iluka Resources (NC) LLC By: Iluka (US nvestments, Inc. Initials: DocNo. 0965 -L -1131 Owner Name: Robe E. Crawley, Jr. Lisa C. Crawley Initials: AM A , ;' rr' 3!0 iii {. ,r 1 , r �tb STATE OF NORTH CAROLINA IIIIIIIIIIIIIIIIII '��IIIIIIIIIilllll'�' IIIIIIIIIIII II Ili II lllllllll [lac ID: 00a457150006 Type: CRP Recorded: 04/23/2012 at 02:21:48 PM Receipt #: 2011 - 00007590 Fee Amt: $26.00 Page 1 of 6 Revenue Tax: $0.00 Instr# 201100009638 Halifax, NO Judy Evans - Barbee Register of Deeds BK23 3 PG31 V -3 15 HALIFAX COUNTY IU a,-, A-C, M �1±A �t0-QLd-L� Prepared by and returned to: Charles E. Nichols, Jr., Nichols Law PA, Suite 701, 16 W. Martin Street, Raleigh, NC 27601 MEMORANDUM OF SURFACE LEASE OPTION (Parcel Identification Number 0500113) This Memorandum of Surface Lease Option (this "Memorandum ") is entered into and made effective as of3!�?._... March 2012 (the "Effective Date "), by and among: (1) Iluka Resources (NC) LLC, a North Carolina limited liability company ( "Iluka °); and (ii) William Jackson Boseman III and Jane Boseman Kolb, a widow ( "Owner "). For and in consideration of, and subject to, the terms, provisions, covenants, and conditions set forth in that certain Option for Surface Lease (the "Agreement ") made and entered into as of the date first above written by and between the parties hereto, which Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owner granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax County, State of North Carolina, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property "), together with all rights, privileges, and easements appurtenant to the Property, for any lawful purpose including such uses as lluka may deem necessary or convenient in the conduct of its operations. The Option for Surface Lease shall terminate for any part of the Property for which the lease rights have not been exercised on the seventh anniversary date of the Effective Date shown above. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one agreement. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Doc No. 00965 -L -1090 Parcel identification Number 0500113 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Surface Lease Option to be executed as of Effective Date. vlmwc���] By: ILUKA (USA) INVESTMENTS, INC., Manage Bv: Name: Matthew B. Blackwell Title: President and Manager COUNTY OF SUSSEX I certify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a 11 A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here Matthew B. Blackwell Date: b March 2012 °�:. Notary Public Printed Name: Linda S. Nyborg My Commission Expires: 31 March 2012 O:r L'nda S. Nybonr we f Vi ginia 0 1 19 Comn'"81111 of Virginia c Wary Public ' M m Gmmjss�on N,) 7203844 CGMmissbn No. 7203844 'I , j� y c0:r"Mj5:SiGn Expires 03131t2012 Parcel Idend ftcaton Number 0500113 Name: William /ackson Boseman III IN Name: Prudence Gully Bqse nan / am executing 0,71§, mining lease solely,,.to subordinate T�feiease my marital inteWstlin the property "e leasehold interest bein4 conveyed, and l ,�ac�" not join in any of tha-f6p"resentations or warranties contained in ,1,�e4&ase. STATE OF NORTH CAROLINA A ► I certify that the following person(s) personally appeared before me this day, and F� I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a 4 1-1 A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s) signing document here William Jackson Boseman III +tutS—nc—e uy o6semafn- Date: )—S March 2012 Notary Publ:i,,: Printed Name: Linda Sue Nyb 4, 0 , I I 112198. w Iffll [Owner] B y: Name, Prudence Gulley Bosernan / am executing this mining lease solely to subordinate and release my marital interest in the property to the leasehold interest being conveyed, and / do not join in any of the representations or warranties contained in the lease. IS AI N] INQ 20L _ I certify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a 0 A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person(s), signing document here Prudence Gulley Boseman, Maff&x0mxdY, Nonh Carolina Urda Sue Nyborg - Notafy Public COM,miSsion No. 201015200020 MY COMMissio n 5 x0fes VM2015, Parcel Identification Number 0500 113 [Ownerli By: Name: Jane Boseman Kolb I ceriify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s) El I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a F-1 A credible witness has sworn to the identity of the principal(s); Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Print Names of person (s) signing document here Jane Boseman Kolb Date: �- D March 2012 Notary Publics",, Printed Name : My Commission Expires: Oremarelfflifill MOISM6111 Parcel Identification Number 0500113 EXHIBIT A TO MEMORANDUM OF SURFACE LEASE OPTION (Parcel Identification Number 0500113) All that certain tract or parcel of land lying and being situate in Faucetts Township, Halifax County, North Carolina, fronting in the aggregate 416.98 feet on the North side of N.C. State Road No. 1600, and being shown and designated as PARCEL No. NINE (9), containing 4.1 acres, more or less, on that certain Map or Plat entitled ! "Map Showing Maggie B. Crawley EstateS4, made by J. W. Traylor, R. L. S., Dated Mar. 27, 1970, recorded in Map Book 14, Page 68, Halifax Public Registry; and being Tract No. One as described in that certain deed of Stanford M. Crawley et a1, as Executors of Maggie Burt Crawley, deceased, dated December 31, 1970, recorded in Book 776, page 138, Halifax Public Registry; reference to said Map and Deed being hereby made for greater certainty of description. Save and Except the Following: Beginning at an iron pipe set at the Northwestern corner of that property conveyed to Royal Lee Hawkins, Jr. et ux by deed recorded at Book 1050, Page 238, Halifax Public Registry, said beginning point being a common corner with William J. Boseman.; thence a new made line through property of William J. Boseman, N. 38 -20 E. 40.09 feet to an iron pipe set in the property of William J. Boseman; thence another new made line through said Boseman property, S. 55 -34 E. 218.87 feet to an iron pipe set in the land of William J. Boseman; thence another new made line through property of William J. Boseman, S. 34 -26 W. 263.49 feet to an iron pipe set in the eastern right of way of N.C.State Road 41600 (also known as Aurelian Springs Road); thence along the eastern right of way of said State Road 41600, N. 55 -34 W. 35.00 feet to a computed point at the Southwestern corner of said Royal Lee Hawkins, Jr. et ux property; thence along the Southern line of said Hawkins property, N. 34-26 E. 223.50 feet to an iron pipe set at the Southeastern corner of said Hawkins property; thence along the eastern line of said Hawkins property , N_ 55 -34 W. 186.60 feet to the point of beginning, and containing 0.382 Ac_ according to map entitled "Recombination Survey for Royal L. Hawkins and Priscilla W. Hawkins" by Donald S. Hilhorst, Professional Land Surveyor, under date of May 9, 2000, said map being recorded at Plat Cabinet 6, Slide 57A, Halifax Public Registry. The above described property is a portion of those tracts conveyed in Tract 3 of that deed recorded at Book 776, Page 136, Halifax Public Registry and Tract 9 in that deed recorded at Book 840, Page 5, Halifax Public Registry. Reference to said deeds and map being hereby made for greater certainty of description. Acknowledgment of legal description: Iluka Resources (NC) LLC By: Iluka (USA) I meets, Inc. Initial Here: Doc No. 00965 -L -1090 [Owner] Name(s):William Jackson Boseman III Jane Boseman Kolb Initial Here: ,