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HomeMy WebLinkAbout20140820 Ver 6_Carraway Bluff Phase II - Materials for Review (NCDWR Project ID#2014-80820 V6)_20230201ID#* 20140820 Select Reviewer: Katie Merritt Initial Review Completed Date 02/03/2023 Mitigation Project Submittal - 2/1/2023 Version* 6 Is this a Prospectus, Technical Proposal or a New Site?* Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information O Yes O No Contact Name:* Email Address-* Christopher Santelle csantelle@res.us Project Information ID#:* 20140820 Version:* 6 Existing ID# Existing Version Project Type: DMS • Mitigation Bank Project Name: Carraway Bluff Phase 2 Nutrient Offset and Buffer Mitigation County: Wayne Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: Carraway Bluff Phase II - Materials for Review 681.29KB (NCDWR Project ID#2014-80820 V6).pdf Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name: * Christopher Santelle Signature: * Draft 2023.2.1 PERMANENT CONSERVATION EASEMENT Excise Tax: $ ______________________________________________________________________ Parcel Identifier No.: PIN 2597458424 ______________________________________________________________________ Prepared by and return after recording to: EBX, c/o Stephen Colomb, 6575 West Loop South, Suite 300, Bellaire, TX 77401 ______________________________________________________________________ Brief description for the Index: 34.006 (+/-) acre Conservation Easement in Wayne County, NC THIS CONSERVATION EASEMENT (“Conservation Easement”) made this ____ day of ____________________, 2023 by and between Environmental Banc & Exchange, LLC, a Maryland limited liability company, whose mailing address is 6575 West Loop South, Suite 300, Bellaire, TX 77401 (“Grantor”) and Colonel Land, LLC, a Delaware limited liability company, whose mailing address is 6575 West Loop South, Suite 300, Bellaire, TX 77401 (“Grantee”). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the “Property”); Draft 2023.2.1 WHEREAS, Grantee is a charitable, not-for-profit or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the purposes (a) – (d) listed below; (a) retaining or protecting natural, scenic, or open-space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open-space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately 34.006 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the “Conservation Easement Area”), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the RES 2022 Phase II Neuse Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument (“UMBI”), North Carolina Division of Water Resources (“NCDWR”) Project ID# 2021-0306 version 2, and Bank Parcel Development Package (“BPDP”) for the RES Carraway Bluff Phase II Riparian Buffer and Nutrient Offset Mitigation Project, NCDWR Project ID# 2014-0820 V6, which was approved by the NCDWR, and will be made and entered into by and between Environmental Banc & Exchange, LLC (“EBX”), acting as the Bank Sponsor (“Bank Sponsor”), and the NCDWR. The RES Carraway Bluff Phase II Riparian Buffer and Nutrient Offset Site is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third-party rights of enforcement shall be held by the Bank Sponsor and the NCDWR (“Third-Parties”) and may be exercised through the appropriate enforcement agency of the State of North Carolina, and that these rights are in addition to, and do not limit, the rights of enforcement under the NC DWR Project ID# 2021-0306 version 2, or any permit or certification issued by the Third-Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal Draft 2023.2.1 sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor’s personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. Draft 2023.2.1 E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank Sponsor and shall not violate any part of Item L of Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. Draft 2023.2.1 L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access by the Grantee and the Third-Parties, and their employees and agents, successors, and assigns for purposes of constructing, maintaining, and monitoring the restoration, enhancement and preservation of riparian areas within the Conservation Easement Area. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR’S RESERVED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including EBX acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of riparian areas within the Conservation Easement Area in accordance with the approved BPDP, and the UMBI described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE’S RIGHTS The Grantee or its authorized representatives, successors and assigns and the Third-Parties, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee and its authorized representatives, successors and assigns and the Third-Parties shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. Draft 2023.2.1 ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee, and the Third- Parties are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee’s expenses, court costs, and attorneys’ fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Third- Parties shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor’s control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor’s lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. Draft 2023.2.1 ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the NCDWR. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The UMBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to Draft 2023.2.1 comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long-Term Management. If livestock operations will be maintained on the property, Grantor is responsible for all long-term management activities associated with fencing, if and where applicable, to ensure livestock do not have access to the Conservation Easement Area. These activities include the maintenance and/or replacement of fence structures, as deemed necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Protected Property are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Environmental Banc & Exchange, LLC 6575 West Loop South Suite 300 Bellaire, TX 77401 To Grantee: Colonel Land, LLC 6575 West Loop South Suite 300 Draft 2023.2.1 Bellaire, TX 77401 To Sponsor: Environmental Banc & Exchange, LLC 6575 West Loop South, Suite 300 Bellaire, TX 77401 To NCDEQ -DWR: NCDEQ – Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee’s interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section 2 of the BPDP, prepared by Bank Sponsor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. [SIGNATURE PAGES TO FOLLOW] Draft 2023.2.1 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: Environmental Banc & Exchange, LLC, a Maryland limited liability company By: Resource Environmental Solutions, LLC a Louisiana limited liability company, its Manager By: _____________________________ Name: __________________________ Title: ___________________________ STATE OF ___________________ COUNTY OF _________________ I, a Notary Public of the State and County aforesaid, do hereby certify that _____________________________ personally appeared before me this day and acknowledged that he/she is the ____________________ of Resource Environmental Solutions, LLC, a Louisiana limited liability company, manager of Environmental Banc & Exchange, LLC, a Maryland limited liability company, and that by authority duly given, and as the act of the Grantor, he/she signed the foregoing Easement in its name, on its behalf and as its act and deed for the purposes stated herein. IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the ___ day of ___________________, 2023. ____________________________________ Signature of Notary Public [SEAL] ____________________________________ Printed Name of Notary Public My commission expires: ________________ Draft 2023.2.1 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. GRANTEE: Colonel Land, LLC a Delaware limited liability company By: ____________________________ Name: _________________________ Title: ___________________________ STATE OF ___________________ COUNTY OF _________________ I, _____________________________, a Notary Public in and for the County and State aforesaid, do hereby certify that _________________________ personally appeared before me this day and acknowledged that he/she is the _________________________ of Colonel Land, LLC, a Delaware limited liability company, and that by authority duly given, and as the act of the Grantee, he/she signed the foregoing instrument in its name, on its behalf and as its act and deed for the purposes stated herein. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the ___ day of ___________________, 2023. ________________________________ Signature of Notary Public [SEAL] ________________________________ Printed Name of Notary Public My commission expires: ____________ Draft 2023.2.1 EXHIBIT A Legal Description of the Property BEING that 89.31 acres, more or less, tract or parcel of real property situated in Wayne County, North Carolina, located at Genoa Rd, Dudley, NC 28333, being identified by the PIN number 2597458424, and more particularly described in a deed recorded in Book 3775, Page 700 of the Wayne County Registry, North Carolina. Draft 2023.2.1 EXHIBIT B Conservation Easement Area BEING THOSE AREAS CONTAINING A COMBINED TOTAL OF 34.006 ACRES, AS SHOWN ON A PLAT OF SURVEY ENTITLED “CONSERVATION EASEMENT SURVEY, CARRAWAY BLUFF PHASE II RIPARIAN BUFFER AND NUTRIENT OFFSET PROJECT”, (OWNER) ENVIRONMENTAL BANC & EXCHANGE, LLC, ASCENSION LAND SURVEYING, P.C., NC FIRM LICENSE: C-4288, NC PLS LICENSE: L-5008, DRAWN BY: C. COLE, DATE OF FIELDWORK 4/15/2021, JOB 20-02-11, AND RECORDED IN THE WAYNE COUNTY, NORTH CAROLINA REGISTER OF DEEDS AT PLAT BOOK _____, AT PAGE _____ (THE “SURVEY”), AND BEING FURTHER DESCRIBED AS FOLLOWS: CONSERVATION EASEMENT “A” 148,114 S.F. +/- 3.400 AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S-02-27-03-E 147.84’ TO A #4 REBAR; THENCE S-85-32-45-W 75.51’ TO A #4 REBAR; THENCE S-44-14-33-W 103.09’ TO A #4 REBAR; THENCE S-25-05-01-W 134.66’ TO A #4 REBAR; THENCE S-06-30-22-W 65.60’ TO A #4 REBAR; THENCE S-35-47-47-W 475.58’ TO A #4 REBAR; THENCE S-85-36-06-W 139.08’ TO A #4 REBAR; THENCE N-35-32-04-E 413.87’ TO A #4 REBAR; THENCE N-19-10-55-E 322.54’ TO A #4 REBAR; THENCE N-83-28-50-W 162.88’ TO A #4 REBAR; THENCE N-34-20-00-E 140.01’ TO A #4 REBAR; THENCE N-84-21-31-E 360.33’ TOTHE POINT AND PLACE OF BEGINNING. CONSERVATION EASEMENT “B” 76,582 S.F. +/- 1.758 AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S-35-32-04-W 455.73’ TO A #4 REBAR; THENCE S-85-36-06-W 193.71’ TO A #4 REBAR; THENCE N-35-17-10-E 565.86’ TO A #4 REBAR; THENCE S-59-50-35-E 151.65’TO THE POINT AND PLACE OF BEGINNING. CONSERVATION EASEMENT “C” 25,720 S.F. +/- 0.590 AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S-59-26-41-W 196.46’ TO A #4 REBAR; THENCE S-84-06-54-W 170.75’ TO A #4 REBAR; THENCE N-34-50-59-E 163.82’ TO A #4 REBAR; THENCE S-89-00-55-E 221.94’ TO A #4 REBAR; THENCE S-60-36-58-E 26.99’ TO THE POINT AND PLACE OF BEGINNING. Draft 2023.2.1 CONSERVATION EASEMENT “D” 234,716 S.F. +/- 5.388AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S-35-04-12-W 1206.38’ TO A #4 REBAR; THENCE N-88-21-25-W 236.32’ TO A #4 REBAR; THENCE N-35-03-24-E 1171.90’ TO A #4 REBAR; THENCE N-85-15-02-E 257.14’ TO THE POINT AND PLACE OF BEGINNING. CONSERVATION EASEMENT “E” 189,801 S.F. +/- 4.357 AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S-02-28-33-E 766.04’ TO A #4 REBAR; THENCE S-46-33-17-W 64.79’ TO A #4 REBAR; THENCE S-62-31-40-W 79.57’ TO A #4 REBAR; THENCE S-72-28-28-W 60.89’ TO A #4 REBAR; THENCE S-89-07-44-W 723.84’ TO A #4 REBAR; THENCE N-35-02-44-E 175.62’ TO A #4 REBAR; THENCE N-88-33-05-E 684.52’ TO A #4 REBAR; THENCE N-05-49-30-E 146.51’ TO A #4 REBAR; THENCE N-09-46-41-W 246.19’ TO A #4 REBAR; THENCE N-03-32-09-E 271.68’ TO A #4 REBAR; THENCE N-58-49-24-E 106.84’ TO THE POINT AND PLACE OF BEGINNING. CONSERVATION EASEMENT “F” 196,956 S.F. +/- 4.513 AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S-25-03-12-E 71.71’ TO A #4 REBAR; THENCE S-48-14-24-E 81.46’ TO A #4 REBAR; THENCE S-10-22-33-W 156.64’ TO A #4 REBAR; THENCE S-31-51-58-E 94.54’ TO A #4 REBAR; THENCE S-09-03-59-W 206.57’ TO A #4 REBAR; THENCE S-83-53-04-W 84.60’ TO A #4 REBAR; THENCE S-48-39-47-W 490.56’ TO A #4 REBAR; THENCE S-80-13-46-E 163.80’ TO A #4 REBAR; THENCE S-59-30-02-E 38.46’ TO A CALCULATED POINT; THENCE S-02-13-13-E 13.71’ TO A CALCULATED POINT; THENCE S-54-24-19-W 49.23’ TO A CALCUALTED POINT; THENCE S-20- 30-07-E 9.02’ TO A CALCULATED POINT; THENCE S-44-32-41-W 62.72’ TO A #4 REBAR; THENCE N-74-51-20-W 232.15 TO A #4 REBAR; THENCE N-14-37-14-E 214.87’ TO A #4 REBAR; THENCE S- 81-03-41-E 56.22’ TO A #4 REBAR; THENCE N-44-35-03-E 389.97’ TO A #4 REBAR; THENCE N-71- 49-30-E 114.97’ TO A #4 REBAR; THENCE N-06-45-13-E 72.35’ TO A #4 REBAR; THENCE N-24-17- 00-W 119.00’ TO A #4 REBAR; THENCE N-07-07-18-E 123.40’ TO A #4 REBAR; THENCE N-39-01- 45-W 47.03’ TO A #4 REBAR; THENCE S-71-52-36-W 136.83’ TO A #4 REBAR; THENCE S-89-23- 10-W 437.66’ TO A #4 REBAR; THENCE N-14-06-47-E 106.67’ TO A #4 REBAR; THENCE N-89-04- 33-E 404.07’ TO A #4 REBAR; THENCE N-72-18-20-E 190.70’ TO THE POINT AND PLACE OF BEGINNING. CONSERVATION EASEMENT “G” 526,956 S.F. +/- 12.097 AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S-14-51-00-W 139.57 TO A #4 REBAR; THENCE S-74-26-19-E 159.62 Draft 2023.2.1 TO A #4 REBAR; THENCE S-40-39-11-E 110.91’ TO A #4 REBAR; THENCE S-11-01-43-E 82.45’ TO A #4 REBAR; THENCE S-08-36-54-W 70.47’ TO A #4 REBAR; THENCE N-77-08-06-W 291.84’ TO A #4 REBAR; THENCE S-14-37-26-W 357.31’ TO A #4 REBAR; THENCE N-83-29-28-W 174.91’ TO A #4 REBAR; THENCE S-42-50-17-W 71.31’ TO A #4 REBAR; THENCE N-46-33-32-W 34.17’ TO A #4 REBAR; THENCE S-48-12-40-W 91.79’ TO A #4 REBAR; THENCE N-82-32-55-W 286.21’ TO A #4 REBAR; THENCE S-80-50-15-W 143.79’ TO A #4 REBAR; THENCE N-30-46-56-W 282.66’ TO A #4 REBAR; THENCE N-39-08-56-E 87.32’ TO A #4 REBAR; THENCE N-54-16-23-E 136.73’ TO A #4 REBAR; THENCE N-77-10-06-E 167.39’ TO A #4 REBAR; THENCE S-84-49-18-E 225.82’ TO A #4 REBAR; THENCE N-14-29-11-E 344.79’ TO A #4 REBAR; THENCE N-88-54-17-E 424.79 TO THE POINT AND PLACE OF BEGINNING. CONSERVATION EASEMENT “H” 28,455 S.F. +/- 0.653 AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S-14-36-33-W 105.46 TO A #4 REBAR; THENCE S-88-46-24-W 299.92’ TO A #4 REBAR; THENCE N-35-01-46-E 129.15’ TO A #4 REBAR; THENCE N-89-23-02-E 252.33’ TO THE POINT AND PLACE OF BEGINNING. CONSERVATION EASEMENT “I” 54,008 S.F. +/- 1.240 AC. BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S-35-00-58-W 537.86’ TO A #4 REBAR; THENCE S-75-02-33-W 152.00’ TO A #4 REBAR; THENCE N-35-16-49-E 585.17’; THENCE N-89-00-19-E 117.51’ TO THE POINT AND PLACE OF BEGINNING. TOGETHER WITH RIGHTS OF ACCESS OVER, ACROSS, AND THROUGH THE PROPERTY FOR THE PURPOSES OF GRANTEE AND THE THIRD-PARTIES ACCESSING THE CONSERVATION EASEMENT AREA AND FULFILLING THEIR RIGHTS AND OBLIGATIONS UNDER THIS CONSERVATION EASEMENT. TB TB TBTB TB TB TB TB TBTB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB T B TB T B TB TB TB TB TB TB TB T B TB T B TB TB TB TB TB TB TB TB TB T B TB T B T B TB TB TBTBTBTB TB TB TB TB TB TB T B TB T B TB T B TB TB TB T B TB T B T B TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TBTBTB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TB TBTB TB TBTB TB TBTB TB TB TB TB TB TB TB TB TB TB TB TB T B TB TB TB T B TB TB T B TB T B TB TB TB T B T B T B TB T B TB T B TB TB TB TB TB TB TB TB TB TB TB TB NOW OR FORMERLY CASE FARMS OF NC PIN: 2597851949 DB 1663 PG 730 PB J PG 312 NOW OR FORMERLY CASE FARMS PROCESSING PIN: 2597643114 DB 3341 PG 310 PB O PG 74-H NOW OR FORMERLY G & E SMITH AND SONS PIN: 2597359467 DB 2899 PG 571 NOW OR FORMERLY G & E SMITH AND SONS PIN: 2597359467 DB 2899 PG 571 NEUSE RIVER CAR R A W A Y C R E E K CA R R A W A Y C R E E K CONSERVATION EASEMENT "A" 148,114 S.F. +/-3.400 AC. CONSERVATION EASEMENT "B" 76,582 S.F. +/-1.758 AC. CONSERVATION EASEMENT "C" 25,720 S.F. +/-0.590 AC. CONSERVATION EASEMENT "D" 234,716 S.F. +/-5.388 AC. CONSERVATION EASEMENT "F" 196,956 S.F. +/-4.513 AC. CONSERVATION EASEMENT "G" 526,956 S.F. +/-12.097 AC. SO I L R O A D AC C E S S T O "G E N O A R O A D " EXISTING FORCEMAIN (FIELD LOCATED) N2 8 ° 0 1 ' 2 4 " E 2 4 6 . 8 2 ' TIE L I N E TIE LINE T I E L I N E TIE L I N E TIE L I N E NOW OR FORMERLY ENVIRONMENTAL BANC & EXCHANGE PIN: 2597458424 DB 3775 PG 500 PB P PG 72-D CONSERVATION EASEMENT "E" 189,801 S.F. +/-4.357 AC. DM S CONSERVATION EASEMENT "H" 28,455 S.F. +/-0.653 AC. CONSERVATION EASEMENT "I" 54,008 S.F. +/-1.240 AC. CP CP N84°21'31"E 36 0 . 3 3 ' S3 5 ° 4 7 ' 4 7 " W 4 7 5 . 5 8 ' N3 5 ° 3 2 ' 0 4 " E 4 1 3 . 8 7 ' N1 9 ° 1 0 ' 5 5 " E 3 2 2 . 5 4 ' S3 5 ° 3 2 ' 0 4 " W 4 5 5 . 7 3 ' S0 2 ° 2 8 ' 3 3 " E 7 6 6 . 0 4 ' S89°07'44"W 723.84' N88°33'05"E 684.52' S3 5 ° 0 4 ' 1 2 " W 1 2 0 6 . 3 8 ' N89°04'33"E 404.07' S48 ° 3 9 ' 4 7 " W 4 9 0 . 5 6 ' N44 ° 3 5 ' 0 3 " E 3 8 9 . 9 7 ' S1 4 ° 3 7 ' 2 6 " W 3 5 7 . 3 1 ' N1 4 ° 2 9 ' 1 1 " E 3 4 4 . 7 9 ' N88°54'17"E 424.79' S3 5 ° 0 0 ' 5 8 " W 5 3 7 . 8 6 ' N3 5 ° 1 6 ' 4 9 " E 5 8 5 . 1 7 ' S0 2 ° 2 7 ' 0 3 " E S5 9 ° 5 0 ' 3 5 " E S85°36'06"W N3 5 ° 1 7 ' 1 0 " E 5 6 5 . 8 6 ' 14 7 . 8 4 ' 193.71' 15 1 . 6 5 ' N 0 9 ° 4 6 ' 4 1 " W N0 3 ° 3 2 ' 0 9 " E N85°15'02"E N88°21'25"W 236.32' 257.14' 2 4 6 . 1 9 ' 27 1 . 6 8 ' N72°18 ' 2 0 " E S0 9 ° 0 3 ' 5 9 " W N1 4 ° 3 7 ' 1 4 " E S81°03'4 1 " E S89°23'10"W 437.66' 190.70 ' 20 6 . 5 7 ' 21 4 . 8 7 ' 56.22' N83°29'28"W N82°32'55" W N 3 0 ° 4 6 ' 5 6 " W N77°10'0 6 " E S84°49'18"E N77°0 8 ' 0 6 " W 291.8 4 ' 174.91' 286.21' 2 8 2 . 6 6 ' 167.39' 225.82' S88°46'24"W 299.92' L1 L2 L3 L4 L5 L6 L7 L8 L10 L11 L1 2 L9 L13 L14 L15 L16 L1 7 L1 8 N3 5 ° 0 3 ' 2 4 " E 1 1 7 1 . 9 0 ' L 1 9 L 2 0 L2 1 L 2 2 L23 L24 L2 5 L2 6 L27 L 2 8 L29 L30 L3 1 L 3 2 L3 3 L 3 4 L35L3 6 L3 7 L38 L 3 9 L 4 0 L4 1 L42 L 4 3 L44 L45 L46 L47 L48 L49 L50 L5 1L5 2 N46 ° 1 5 ' 1 9 " E 2 5 6 . 0 3 ' S 2 6 ° 5 5 ' 5 1 " E 3 4 0 . 4 7 ' T I E L I N E L 5 4 L55 L56 L57 TIE LI N E L 5 9 T I E L I N E TIE L I N E L6 0 S44 ° 3 2 ' 4 1 " W 4 3 3 . 3 3 ' IRON ROD IN SAND ROAD (FOUND) +/-1' DEEP IRON ROD IN SAND ROAD (FOUND) +/-1' DEEP REBAR (FOUND) +/-3' SOUTHEAST OF A BARBED WIRE FENCE N 4 5 ° 2 8 ' 0 8 " W 5 5 6 . 5 8 ' S45 ° 2 2 ' 5 3 " W 4 7 3 . 5 0 ' N 3 0 ° 4 7 ' 2 8 " W 7 8 6 . 1 3 ' IRON PIPE (FOUND) L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L54 L55 L56 L57 L59 L60 END OF INFORMATION FORCEMAIN TOO DEEP TO DELINEATE CA R R A W A Y C R E E K FORCEMAIN EASEMENT (PER DB 1704 PG 712) N74°5 1 ' 2 0 " W 232. 1 5 ' NOW OR FORMERLY ENVIRONMENTAL BANC & EXCHANGE PIN: 2597458424 DB 3775 PG 500 PB P PG 72-D NOW OR FORMERLY ENVIRONMENTAL BANC & EXCHANGE PIN: 2597458424 DB 3775 PG 500 PB P PG 72-D Ascension Land Surveying P.C. Professional Land Surveying & Consulting 116 Williams Road, Mocksville, NC 27028 Phone: (704) 579-7197 Email: surveyor.chris007@gmail.com NC FIRM LICENSE: C-4288 NC PLS LICENSE: L-5008 DRAWN BY: C. COLE SURVEYED BY: J. HELMLY CHECKED BY: K. COLE BOOK # 19 1"=200' SCALE 4/15/2021 DATE OF FIELDWORK 1 OF 1 SHEET # 20-02-11 JOB BA S I S O F B E A R I N G S : NA D 8 3 / 2 0 1 1 CONSERVATION EASEMENT SURVEY "CARRAWAY BLUFF PHASE 11 RIPARIAN BUFFER AND NUTRIENT OFFSET PROJECT (OWNER)ENVIRONMENTAL BANC & EXCHANGE WAYNE COUNTY, NC NOTES: 1) BASIS OF BEARINGS: NCGS GRID COORDINATES, NAD 83/2011 DATUM. 2) FIELD WORK COMPLETED ON 4/15/2021. 3) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 4) THE AREAS SHOWN HEREON WERE COMPUTED USING THE COORDINATE COMPUTATION METHOD. 5)LINES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT. 6)PROPERTY SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 7) TRAVERSE ADJUSTMENT: COMPASS RULE 8) THERE IS NOT EVIDENCE OF EARTH-WORK ON THE SUBJECT PROPERTY. 9) BOUNDARY LINES THAT FOLLOW WATER FEATURES SUCH AS CREEKS ARE SUBJECT TO CHANGE DUE TO NATURAL CHANGES IN THE ALIGNMENT OF THE CREEK DUE TO AVULSION, RELICTION, EROSION AND OTHER NATURAL CHANGES AND THAT IT MAY OR MAY NOT REPRESENT THE ACTUAL LOCATION OF THE LIMIT OF TITLE. THIS SURVEY DOES NOT REPRESENT A COMPLETE BOUNDARY SURVEY OF ANY TRACT SHOWN HEREON. THE INFORMATION SHOWN ON THE FACE OF THIS PLAT WAS DERIVED FROM EVIDENCE LOCATED IN THE FIELD ALONG WITH SUPPORTING TITLE DOCUMENTS PROVIDED BY INVESTORS TITLE INSURANCE COMPANY. THIS SURVEY DOES NOT CHANGE OR ALTER ANY BOUNDARY LINES. LEGEND PROPERTY CORNER PROPERTY LINE (SURVEYED) PROPERTY LINE (NOT SURVEYED) RIGHT OF WAY PL PL RW CONSERVATION EASEMENT "A" #4 REBAR (FOUND) CERTIFICATE OF SURVEY AND ACCURACY "I, CHRISTOPHER L. COLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 3775, PAGE 700 ; THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK (AS SHOWN), PAGE (AS SHOWN); THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY AS CALCULATED IS 1: 15,000; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED AND THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT-ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION; (1)CLASS OF SURVEY: CLASS-A (2)POSITIONAL ACCURACY: 0.07' (3)TYPE OF GPS FIELD PROCEDURE: RTK/VRS (4)DATES OF SURVEY: 3/23/2021 (5)DATUM/EPOCH: NAD83/2011 (6)GEOID MODEL: 12A (7)COMBINED GRID FACTOR(S): 0.999904032 (8)UNITS: U.S. SURVEY FEET WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LICENSE NUMBER AND SEAL THIS DAY OF , A.D.,2022. CHRISTOPHER L. COLE REGISTRATION/LICENSE NO. NCPLS L-5008 NC FIRM LICENSE NO. C-4288 CONSERVATION EASEMENTLCE REVIEW OFFICER CERTIFICATION I,REVIEW OFFICER OF WAYNE COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUARY REQUIREMENTS FOR RECORDING FOR WHICH THE REVIEW OFFICER HAS RESPONSIBILITY AS PROVIDED BY LAW. REVIEW OFFICER WAYNE COUNTY MAPPING DEPARTMENT PRELIMINARY NOT FOR SALES, RECORDATION OR CONVEYANCES CONSERVATION EASEMENT "B" CONSERVATION EASEMENT "C" CONSERVATION EASEMENT "D" CONSERVATION EASEMENT "E" CONSERVATION EASEMENT "F" CONSERVATION EASEMENT "G" OWNER CERTIFICATION I (WE), AS THE OWNER(S) OF THIS PROPERTY, DO HEREBY CERTIFY THAT WE HAVE REVIEWED THIS EASEMENT EXHIBIT AND AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREON, AND BY OUR FREE WILL SIGN AND ACKNOWLEDGE THIS MAP AND THAT IT REPRESENTS THE CONSERVATION EASEMENT AS IT IS INTENDED TO EXIST AND AFFECT THE PROPERTY. WITNESS MY(OUR) HAND AND SEAL, THIS DAY OF , 20 NORTH CAROLINA COUNTY I, A NOTARY PUBLIC OF COUNTY, NORTH CAROLINA, HEREBY CERTIFY THAT THE DUE EXECUTION OF THE FOREGOING CERTIFICATE WAS DULY ACKNOWLEDGED BEFORE ME THIS DAY BY ,FOR THE PURPOSE THEREIN EXPRESSED. WITNESS MY HAND AND NOTARY SEAL THIS DAY OF , 20 NOTARY PUBIC MY COMMISSION EXPIRES DMS PROJECT LIMITS (TO BE RECORDED SEPARATELY) DMS TOP OF BANK (AERIAL PHOTOGRAMMETRY) TB CONSERVATION EASEMENT "A": 148,114 S.F. +/- 3.400 AC. CONSERVATION EASEMENT "B": 76,582 S.F. +/- 1.758 AC. CONSERVATION EASEMENT "C": 25,720 S.F. +/- 0.590 AC. CONSERVATION EASEMENT "D": 234,716 S.F. +/- 5.388 AC. CONSERVATION EASEMENT "E": 189,801 S.F. +/- 4.357 AC. CONSERVATION EASEMENT "F": 196,956 S.F. +/- 4.513 AC. CONSERVATION EASEMENT "G": 526,956 S.F. +/- 12.097 AC. CONSERVATION EASEMENT "H": 28,455 S.F. +/- 0.653 AC. CONSERVATION EASEMENT "I": 54,008 S.F. +/- 1.240 AC. TOTAL AREA INSIDE OF CONSERVATION EASEMENTS 1,481,308 S.F. +/- 34.006 AC. CONSERVATION EASEMENT "H" CONSERVATION EASEMENT "I" #4 REBAR (SET) CALCULATED POINT (NOT SET)CP SOURCE OF TITLE: DEED BOOK 3775 PAGE 700 LEGAL REFERENCES: PLAT BOOK P PAGE 72-D This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form No. 201-16-A ALTA Commitment Form - 2016 (Adopted 08-01-16) Schedule A Page 1 202010516CA This Commitment is not complete without appropriate Schedules and corresponding Jacket unless otherwise agreed in writing. Transaction Identification Data for reference only: Commitment No.:202010516CA/RC3 Issuing Office File No.:202010516CA/RC3 Property Address:86.39 acres on Genoa Road, Dudley, NC Revision No.:003 REVISED COMMITMENT DATED SEPTEMBER 8, 2022 NO.003 SCHEDULE A 1.Commitment Date:September 8, 2022 at 08:00 AM 2. Policy to be issued: a.ALTA Owners Policy (06/17/06)Policy Amount: $1,200,000.00 Proposed Insured:Environmental Banc & Exchange, LLC, a Maryland LLC 3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the Land is, at the Commitment Date, vested in: Norwood Bruce Howell and wife, Vickie W. Howell 5. The Land is described as follows: SEE SCHEDULE C ATTACHED HERETO Issued through the Office of: Investors Title Insurance Company 121 N. Columbia Street Chapel Hill, NC 27514 Tel.919-945-2565 Fax Commitment No.: 202010516CA/RC3 SCHEDULE A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form No. 201-16-A ALTA Commitment Form - 2016 (Adopted 08-01-16) Schedule A Page 2 202010516CA Email daustin@invtitle.com Authorized Countersignature Commitment No.: 202010516CA/RC3 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form No. 201-16-B ALTA Commitment Form - 2016 (Adopted 08-01-16) Schedule B Page 3 202010516CA SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.NOTE: If this transaction meets the following criteria, the proposed insured may qualify for a reduced premium: (a) Refinance transactions: Title Insurance has been issued on the same property and the same owner within the last 15 years. (b) Purchase/sale transactions: Title Insurance has been issued on the same property within the last 15 years. If your transaction meets either of these criteria, please contact your local issuing office. 6.Payment of taxes for the year(s) 2022, plus any penalties and interest which may accrue. 7.ADDED, 09/08/22 - Duly authorized and executed deed from Norwood Bruce Howell and wife, Vickie W. Howell, vesting fee simple title in Environmental Banc & Exchange, LLC, a Maryland LLC. 8.Recapture of deferred ad valorem taxes in the event the property is disqualified from use value in the future. 9.For insurance regarding priority of conveyance by seller to proposed insured owner over potential liens for Commitment No.: 202010516CA/RC3 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form No. 201-16-B ALTA Commitment Form - 2016 (Adopted 08-01-16) Schedule B Page 4 202010516CA labor, services or materials, including surveyors, architects, engineers and rental equipment (herein "liens") of seller, or priority of proposed insured lender's deed of trust (once recorded) over said liens of seller and/or construction borrower, receipt of applicable NCLTA form (or substantially similar form approved by Company counsel prior to closing), completed and executed by all required parties in compliance with the applicable form's instructions regarding same, to wit: 1) NCLTA Form 1, if no recent construction or addition of improvements on land, no executory contracts for improvements on land and no construction loan by signing owner or borrower is contemplated; or 2) NCLTA Form 2, if construction on the land was recently completed, but no mechanics lien agent is required to be appointed pursuant to NC law; or 3) NCLTA Form 3, if construction is in process or immediately contemplated (for loan, including construction financing), but no mechanics lien agent is required to be appointed pursuant to NC law; or 4) NCLTA Form 5, Owner Affidavit and Indemnity Agreement when construction has been completed, is contemplated or currently underway and a mechanics lien agent has been properly appointed pursuant to NC law; and (a) for insurance regarding priority of conveyance by seller to insured owner and priority of insured lender’s deed of trust over potential liens, NCLTA Form 6 for waiver and release of lien rights, executed by potential lien claimants with direct lien rights having filed a notice to lien agent or identified in paragraph 1.B of NCLTA Form 5; or (b) for insurance regarding only the priority of insured lender’s deed of trust over potential liens NCLTA Form 7 subordination of lien rights, executed by potential lien claimants with direct lien rights having filed a notice to lien agent or identified in paragraph 1.B. of NCLTA Form 5. 10.If a mechanics’ lien agent has been properly appointed pursuant to NC Law, a search for filed Notices to Lien Agent must be updated 1 business day prior to recording of the deed/deed of trust to be insured. 11.Evidence satisfactory to the Company that the business entity(-ies), whether a corporation, limited liability company, limited partnership, partnership, or the like, which are selling, purchasing, or mortgaging the land described in Schedule A, is/are properly formed, in existence and good standing in their state of formation, and that the instruments to be insured have been properly authorized and executed by all necessary parties. 12.INTENTIONALLY DELETED, 09/08/22 - Receipt of recording information for the instrument creating the conservation easement. Commitment No.: 202010516CA/RC3 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form No. 201-16-B ALTA Commitment Form - 2016 (Adopted 08-01-16) Schedule B Page 5 202010516CA 13.Receipt of Attorney's Final Certificate, along with all additional required documents, in order to issue a final policy or policies. 14.Added, 3/25/2022 - Receipt of Termination and/or Release of Easement for water distribution lines and facilities dated June 29, 1990 to Southeastern Wayne Sanitary District recorded in Book 1267 at Page 605. Commitment No.: 202010516CA/RC3 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form No. 201-16-B ALTA Commitment Form - 2016 (Adopted 08-01-16) Schedule B Page 6 202010516CA SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.AMENDED, 09/08/22 - Taxes for the year 2023, and subsequent years, not yet due and payable. 2.INTENTIONALLY DELETED, 09/08/22 - Terms of the Conservation Easement from Norwood Bruce Howell and wife, Vickie W. Howell to Environmental Banc & Exchange, LLC, a Maryland LLC, recorded in Book ____ at Page ____. 3.INTENTIONALLY DELETED, 09/08/22 - Fee simple interest of Norwood Bruce Howell and wife, Vickie W. Howell and rights of underlying fee simple owner to use the property in any way not inconsistent with the terms of the Conservation Easement. 4.Amended, 12/8/2020, 3/25/2022 - Easement for water distribution lines and facilities dated June 29, 1990 to Southeastern Wayne Sanitary District recorded in Book 1267 at Page 605. (NOTE: Upon receipt of termination and/or release, this exception will be omitted.) 5.3/25/2022 - Intentionally deleted - Exception is taken to the rights of Norwood Bruce Howell and wife, Vickie W. Howell as disclosed in that certain Right of First Refusal contained in Deed dated 05/18/92 from Paul W. Buday and wife, Lois Casey Buday, recorded at 1332 at Page 130. 6.Easement for underground sewer line dated January 4, 1999 to County of Wayne recorded in Book 1704 at Page 712. Commitment No.: 202010516CA/RC3 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form No. 201-16-B ALTA Commitment Form - 2016 (Adopted 08-01-16) Schedule B Page 7 202010516CA 7.Intentionally deleted, 12/8/2020 - Memorandum of Option dated March 12, 2014 to Wildlands Engineering, Inc. recorded in Book 3076 at Page 616. 8.Memorandum of Agreement Regarding Proposed Mitigation Project dated September 3, 2020 to Environmental Banc & Exchange, LLC recorded in Book 3550 at Page 754. 9.Rights of others thereto entitled in and to the ditch(es) crossing the Land. 10.Title to that portion of the Land lying below the mean high water mark of Neuse River. 11.Riparian rights incident to the Land. 12.Rights of others thereto entitled in and to the continued uninterrupted flow of Carroway Branch, located on the Land. 13.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term “encroachment” includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. Paragraph 2 (c) of the Covered Risks is hereby deleted. 14.Rights or claims of parties in possession not shown by the public records. NO INSURED CLOSING PROTECTION COVERAGE PROVIDED - As to the transaction for which this binder and/or policy is issued, the Company specifically excludes this transaction from any closing protection services. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form No. 201-16-A ALTA Commitment Form - 2016 (Adopted 08-01-16) Schedule C Page 1 202010516CA SCHEDULE C COMMENCING at an existing iron stake in the centerline intersection of N.C.S. Road No. 1918 and N.C.S. Road N. 1927 and runs thence N. 20° 25' 22" W. 1660.65 feet to an existing P.K. nail in the centerline intersection of N.C.S. Road No. 1927, the point of beginning, and said nail being a corner of the land of Rosemarie Morgan as recorded in Deed Book 1041, Page 559 and a corner of the land of Paul W. Buday and wife, Lois Casey Buday, as recorded in Deed Book 1192, Page 29. Thence with said line N. 47° 54' 37" E. 30.31 feet to an existing iron stake on the northern right of way of said road. Thence with said line N. 47° 54' 37" E. 315.64 feet to an existing iron stake and said iron stake being a corner of the land of Harols Edward Smith as recorded in Deed Book 758, page 533. Thence with said Smith's line N. 39° 00' 26" E. 1975.11feet to an iron stake in said Smith's line. Thence with said Smith's line N. 39° 00' 26" E. 2141.94 feet to an iron stake on the north bank of a ditch. Thence with said Smith's N. 39° 00' 26" E. 1155.75 feet to an iron stake on the south bank of the run of the Neuse River. Thence along the bank of said river N. 87° 24' 17" E. 540.00 feet to a point on the west bank of Carroway Branch and the centerline of Carroway Branch being the property line. Thence S. 06° 10' 16" E. 89.22 feet to a point in the centerline of said branch. Thence with the centerline of the run of said Carroway Branch the following courses and distances: N. 78° 35' 36" E. 64.91 feet, thence N. 72° 09' 45" E. 104.81 feet thence S. 44° 30' 58" E. 111.16 feet, thence S. 15° 36' 13" W. 119.74 feet, thence S. 46° 10' 47" W. 267.96 feet, thence S. 69° 11' 05" W. 185.12 feet, thence S. 86° 13' 34" W. 86.84 feet, thence S. 18° 22' 24" W. 202.69 feet, thence S. 89° 11' 17" W. 135.00 feet thence S. 74° 44' 33" W. 131.72 feet, thence S. 04° 58' 05" W. 457.71 feet, thence S. 38° 36' 13" W. 210.18 feet, thence S. 38° 09' 42" E. 168.99 feet, thence S. 08° 31' 35" W. 452.62 feet, thence S. 13° 27' 00" W. 918.47 feet, thence S. 41° 28' 37" W. 363.08 feet to a point in the run of said Carroway Branch and said pont being a corner of Mildred P. Bell property as recorded in Deed Book 599, Page 315 and being a corner of the land of Emma Cole Smith as recorded in Deed Book 979, Page 502. Thence with said Smith's line S. 48° 32' 03" W. 15.00 feet to an existing concrete monument on the south bank of said Carroway Branch. Thence with said Smith's line S. 48° 32' 03" W. 481.46 feet to an iron stake. Thence a new line with Paul W. Buday and wife N. 41° 27' 57" W. 556.20 feet to an iron stake. Thence a new line with Buday S. 49° 21' 05" W. 474.06 feet to an iron stake. Thence a new line with Buday N. 26° 51' 00" W. 786.63 feet to an iron stake and said stake being located S. 26° 51' 00" E. 32.88 feet from an iron stake in the line of the land of Harold Edward Smith. Thence a new line with said Buday S. 39° 00' 26" W. 1968.26 feet to an iron stake. Thence a new line with said Buday S. 47° 54' 37" W. 348.75 feet to a P.K. nail in the pavement of N.C.S. Road No. 1927, and said nail being 3.5 feet north of the centerline of said road. Thence N. 41° 09' 24" W. 30.00 feet to the point of beginning and containing 86.39 acres more or less. And being Tract "B" of a map prepared by Billy Ray Howell, R.L.S. dated April 28, 1992 and entitled "Survey prepared for Paul W. Buday and wife, Lois Casey Buday". Commitment No.: 202010516CA/RC3 SCHEDULE C (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form No. 201-16-A ALTA Commitment Form - 2016 (Adopted 08-01-16) Schedule C Page 2 202010516CA