20140820 Ver 6_Recorded Files_Carraway Bluff Phase II_EBX_20230419

ID#* 20140820 Version* 6
Select Reviewer:
Katie Merritt
Initial Review Completed Date 04/19/2023
Mitigation Project Submittal - 4/19/2023
Is this a Prospectus, Technical Proposal or a New Site?* Yes No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name: * Email Address:
Jamey McEachran [e-mail]
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 Bank
County: Wayne
Document Information
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: Recorded Files_Carraway Bluff Phase II_EBX.pdf 1.43MB
Please upload only one PDF of the complete file that needs to be submitted...
Signature
Print Name:* Jamey McEachran
Signature: *

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.[phone] 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 [e-mail]
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