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HomeMy WebLinkAboutNC0023281_owner (name change)_20230508NORTH CAROLINA Environmental Quality NC DEPARTMENTOF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NPDES PERMITTING PERMITNAM E/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Permit Number: NC00 2 /_L/ 2 /8 / 1 or NCGS_/_/_/_/_ 1. Facility Name: Tapoco Lodge NEW OWNER/NAM EINFO RMATION: 1. This request for a name change is a result of: X a. Change in ownership of property/company b. Name change only c. Other (please explain): 2. New owner's name (name to be put on permit): VOS3, LLC 3. New owner's or signing official's name and title: Oneil Khosa (Person legally responsible for permit) Manager (Title) 4. Mailing address: 14981 Tapoco Road City: Robbinsville State: NC Zip Code: 28771 Phone: (828) 498-2800 E-mail address: oneilrk@gmail.com FACILITY AND DISCHARGE INFORMATION 1. Will the waste stream for the facility remain the same asunder the previous owner? Yes EI No ❑ 2. Will the treatment system and discharge location remain the same? Yes 2 No ❑ "No Responses" If either or both of these questions are answered "No" then more information will be needed to review the request. Please attach documentation to describe and explain the changes to the facility activities, waste stream, treatment process or outfall location. The Division may not be able to process the Permit Name/Ownership Change request and may require that the new owner file a new permit application. North Carolina Department of Environmental Quality I Division of Water Quality 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 NPDES Name and Ownership Change Page 2 of 2 THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) 3. Information to document facility, waste stream, treatment system or outfall changes as noted in item III above (if appropriate) Applicant's Certification: I, Oneil Khosa attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I understand that Permit Name/Ownership Change can only take place through action taken by the Division of Water Resources and that no actions on my part or the part of my company result in the automatic transfer of permit coverage. Signature: , t")1\ Date: 11/29/22 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, Noah Caiolin a 27699-1617 ND:4872-8793-3238, v. 1 Version 07/2021 Deed Stamps: $19,300.00 Doe ID: 000737740012 Type: CRP Kind: DEED Recorded: 10/25/2022 at 11:17:44 AM Fee Amt: $19,326.00 Page 1 of 12 Revenue Tax: $19,300.00 Graham CountV, North Carolina KIMBERLY D. LEGUIRE Register of Heed: BK40S PG357-368 Recording Information Drafted by: J. Keith Coates, Woolf McClane, 900 S. Gay Street, Suite 900, Knoxville, TN 37902 Mail to: Joanne Badr Morgan, Ward and Smith, P.A., P.D. Box 2020, Asheville, NC 28802-2020 TAX PINS: 563400000009, 56340000000901, 566300020028, 562500000002 SPECIAL WARRANTY DEED THIS DEED made this 19th day of October, 2022, by and between TAPOCO PARTNERS, LLC, a Florida limited liability company, hereinafter referred to as the GRANTOR: AND VOS3 LLC, a North Carolina limited liability company, hereinafter referred to as the GRANTEE: REQUIRED INFORMATION The GRANTOR's address is: 644 Kenesaw Avenue, Knoxville, TN 37919. The GRANTEE's address is: 17710 Cadena Drive, Baca Raton, FL 33496. Primary Residence Information: The Property described in Exhibit A does not include the primary residence of the GRANTOR. WITNESSETH: THE GRANTOR, for valuable consideration paid by the GRANTEE, receipt and sufficiency of which are acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE, with SPECIAL WARRANTY, in fee simple all of those certain parcels of land situated in Graham County, North Carolina, and more particularly described in the attached Exhibit A (collectively, the "Property"). The GRANTOR acquired title to the Property by instruments recorded at Book 339, Page 822; Book 365, Page 152; and Book 358, Page 526, all in the Graham County Registry. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. THE GRANTOR COVENANTS with the GRANTEE, that the GRANTOR has done nothing to impair such title as the GRANTOR received, and the GRANTOR will warrant and defend the title against the lawful claims of all persons claiming by, under or through the GRANTOR, except for the exceptions stated in Exhibit B attached hereto, the "Permitted Exceptions." IN WITNESS WHEREOF, the GRANTOR has caused this deed to be signed on its behalf by its duly authorized officer the day and year first above written. [SIGNATURE PAGE FOLLOWS] [SIGNATURE PAGE] GRANTOR TAPOCO PARTNERS, LLC, a Florida limited liability company By � L�a Kevin D, Bailey, Presi nt STATE OF TENNESSEE COUNTY OF K n ❑4 I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated herein and in the capacity indicated: Kevin D. Bailey, President of TAPOCO PARTNERS, LLC, a Florida linijgA jigbility company. This - %y of October, 20 �'��:►�,�*'`srrss �'''. y s ss iC ignatur o of (4�eial Seal) lbw I A . Per -let- ��'•.,,, �'''.� ,'`,..`�� Notary's printed or typed name My commission expires: Exhibit "A" LEGAL DESCRIPTION Tract 1 (14981 Tapoco Road) Said property being located adjacent to US Highway 129 in the Tapoco Community and Yellow Creek Township of Graham County, North Carolina; said property being commonly referenced by Parcel Identification Number 562500000002 and commonly referred to as the Tapoco Lodge; said portion of land being more particularly described as follows: BEGINNING at an existing United States Forest Service concrete monument (Tract 1047F) located in the 1362.5' contour line; said monument having a North Carolina Geodetic Survey Coordinate value of North=654,564.31 feet (NAD 83 (2011)} and East=528,783.38 feet (NAD 83 j2011j); said monument being located South 87054'52" West a distance of 1713.25 feet from North Carolina Geodetic Survey Monument "TAPOCQ" having a North Carolina Geodetic Survey Coordinate value of North=654,626.66 feet (NAD 83 (2011)} and East=530,495.50 feet (NAD 83 (2011)}; said United States Forest Service concrete monument also being located South 12'08'00" East a distance of 603.53 feet from the Southwestern most corner of a septic easement as shown in Plat Cabinet DA at Slide 328, recorded at the office of Graham County Register of Deeds; thence from said POINFOF BEGINNING and running with the 1362.5' contour line the following twenty four (24) calls, South 30'22'59" East a distance of 14.76 feet to a calculated point; thence South 41°21'59" East a distance of 26.15 feet to a calculated point; thence South 58025'16" East a distance of 74.72 feet to a calculated point; thence South 35°59'57" East a distance of 28.21 feet to a calculated point; thence South 10021'56" East a distance of 40.66 feet to a calculated point; thence South 00°21'57" West a distance of 70.21 feet to a calculated point; thence South 18047'46" East a distance of 31.48 feet to a calculated point; thence South 47006'25" East a distance of 88.14 feet to a calculated point; thence South 42`22'11" East a distance of 135.35 feet to a calculated point; thence South 24°07'25" East a distance of 112.63 feet to a calculated point; thence South 34`30'09" East a distance of 40.24 feet to a calculated point; thence South 60°58'14" East a distance of 22.02 feet to a calculated point; thence South 66028'28" East a distance of 66.25 feet to a calculated point; thence South 52°47'17" East a distance of 33.48 feet to a calculated point; thence South 38'31'51" East a distance of 110.55 feet to a calculated point; thence South 54045'56" East a distance of 69.65 feet to a calculated point; thence South 46025'31" East a distance of 232.12 feet to a calculated point; thence South 39'23'39" East a distance of 24.74 feet to a calculated point; thence South 30048'55" East a distance of 26.92 feet to a calculated point; thence South 27°13'08" East a distance of 9,27 feet to a calculated point; thence South 21'40'42" East a distance of 11.68 feet to a calculated point; thence South 04030'52" East a distance of 18.72 feet to a calculated point; thence South 16°46'56" West a distance of 20.05 feet to a calculated point; thence South 20024'49" West a distance of 25.34 feet to a 5/8" rebar set in the 1362.5' contour line; thence leaving the 1362.5' contour line and running South 62044'56" East a distance of 350.23 feet to a calculated point in the centerline of US Highway 129; thence South 62044'56" East a distance of 12.36 feet to a 5/8" rebar set in the eastern margin of US Highway 129; said 5/8" rebar being located North 57021'04" East a distance of 83.55 feet from a North Carolina Department of Transportation Right -of -Way Monument; thence South 22°30'18" West a distance of 104.75 feet to a P/K nail found in the Eastern margin of a private paved access road; thence South 22030'18" West a distance of 204.17 feet to a 5/8" rebar set; thence South 28'00'29" East a distance of 27.53 feet to a calculated point in the center of a small branch; thence South 28000'29" East a distance of 38.88 feet to an existing 2" open top pipe; thence South 34000'14" East a distance of 5G.23 feet to an existing 2" open top pipe; thence South 18'24'43" East a distance of 235.51 feet to an existing 1/2" rebar; thence South 16009'29" East a distance of 148.27 feet to an existing 1/2" rebar; thence South 08*55'11" East a distance of 222.77 feet to an existing 2" open top pipe under a fallen tree; thence South 12008,37" East a distance of 303.30 feet to an existing 2" open top pipe; thence South 28044'15" East a distance of 162.91 feet to an existing 2" open top pipe; thence South 03010'26" East a distance of 91.95 feet to an existing 1/2" rebar; thence South 26044'19" East a distance of 94.25 feet to a calculated point in the center of Otter Rock Branch; thence South 26'44'19" East a distance of 39.69 feet to a 5/8" rebar set; thence South 33026'56" East a distance of 176.12 feet to a 5/8" rebar set; thence South 65051'11" East a distance of 296.41 feet to an existing 1/2" rebar; thence South 75°26'55" East a distance of 217,29 feet to an existing 1/2" rebar; thence South 78°16'15" East a distance of 256.98 feet to an existing 1/2" rebar; thence North 81-16'37" East a distance of 163.47 feet to an existing 3/4" open top pipe; thence South 85050'07" East a distance of 83.49 feet to an existing 3/4" open top pipe; thence North 89*26'54" East a distance of 153.65 feet to an existing 3/4" open top pipe (bent); thence North 68°50'14" East a distance of 92.20 feet to an existing 1/2" open top pipe; thence South 87'30'19" East a distance of 57.20 feet to an existing 1/2" rebar; thence South 87'29'58" East a distance of 68.73 feet to an existing 3/4" open top pipe; thence North 77008'40" East a distance of 43.47 feet to a 5/8" rebar set replacing an existing Railroad spike (disturbed); thence South 77'01'21" East a distance of 149.66 feet to a magnetic signal detected under fallen rocks; thence South 61°29'59" East a distance of 60.83 feet to a 5/8" rebar set; thence South 81°41'56" East a distance of 65.00 feet to an existing 1/2" rebar; thence South 81'41'56" East a distance of 31.87 feet to a calculated point in the center of Bear Creek; thence running with the centerline of Bear Creek the following seventeen (17) calls, South 22'33'38" East a distance of 9.35 feet to a calculated paint; thence South 07*47'30" East a distance of 39.94 feet to a calculated point; thence South 04'24'51" East a distance of 69.98 feet to a calculated point; thence South 04'07'05" West a distance of 50.12 feet to a calculated point; thence South 0104047" East a distance of 84.12 feet to a calculated point; thence South 01030'43" East a distance of 61.04 feet to a calculated point; thence South 18°20'14" East a distance of 47.66 feet to a calculated point; thence South 02°32'47" West a distance of 90.17 feet to a calculated point; thence South 08°42'40" West a distance of 40.44 feet to a calculated point; thence South 00001'27" East a distance of 81.31 feet to a calculated point; thence South 14007'29" East a distance of 121.31 feet to a calculated point; thence South 05029'59" East a distance of 86.38 feet to a magnetic signal detected under approximately 2 feet of water; thence South 07*54'04" West a distance of 74.93 feet to a calculated point; thence South 26°32'26" West a distance of 66.37 feet to a calculated point; thence South 49Q33'54" West a distance of 79.55 feet to a calculated point; thence South 38°27'41" West a distance of 105.36 feet to a calculated point; thence South 47°27'21" West a distance of 133.41 feet to a magnetic signal detected in rock; thence North 25'13'42" East a distance of 388.33 feet to an existing 3" open top pipe; thence North 14030'16" West a distance of 324.24 feet to a calculated point in the centerline of a 3 feet wide path; thence North 14'30'16" West a distance of 295.79 feet to an existing 3" open top pipe; thence North 67'27'42" West a distance of 266.02 feet to an existing 3" open top pipe; thence South 75°56'12" West a distance of 316.95 feet to an existing 3" open top pipe; thence North 77°16'12" West a distance of 173.48 feet to an existing 3" open top pipe; thence South 79'00'02" West a distance of 387.65 feet to an existing 3" open top pipe; thence North 58°17'22" West a distance of 224.38 feet to an existing 3" open top pipe; thence South 84*38'01" West a distance of 106.90 feet to an existing 3" open top pipe; thence North 51'50'26" West a distance of 38.79 feet to a calculated point in the centerline of an old railroad bed approximately 10' wide; thence North 51050'26" West a distance of 446.84 feet to a calculated point in the centerline of an old railroad bed approximately 10' wide; thence North 51050'26" West a distance of 80.37 feet to a calculated point in the centerline of Otter Rock Branch; thence North 51°50'26" West a distance of 31.18 feet to a calculated point in the centerline of an old railroad bed approximately 10' wide; thence North 51'50'26" West a distance of 1686,57 feet to an existing United States Forest Service concrete monument; said monument having a North Carolina Geodetic Survey Coordinate value of North=652,708.24 feet (NAD 83 (2011)) and East=528,564.82 feet (NAD 83 (2011)); thence North 84°00'00" West a distance of 2975.15 feet to an existing United States Forest Service concrete monument; thence North 31032'00" East a distance of 428,85 feet to a calculated point in the centerline of Yellowhammer Branch; thence North 31032'00" East a distance of 439.21 feet to an existing United States Forest Service concrete monument; thence South 66'27'02" East a distance of 1205.53 feet to an existing United States Forest Service concrete monument; thence North 51'30'30" East a distance of 2067.59 feet to an existing United States Forest Service concrete monument; which is the point and place of BEGINNING, having an area of 122.852 Acres, as shown on a plat by Herron Associates, drawing number 3045- 2498-B, project number 220714B, dated October 14, 2022 and certified by John M. Koti la, PLS. As shown on that Plat in Cabinet DB, Slide 2745, in the Office of the Register of Deeds of Graham County, North Carolina, reference to which Plat is hereby made for a more particular description. TRACT 2 Parcel 1 (8093 Tapoco Road) Said property being located adjacent to Cheoah River and US Highway 129 in the Tapoc❑ Community and Yellow Creek Township of Graham County, North Carolina; said property being commonly referenced by Parcel Identification Number 563400000009 and commonly referred to as 8093 Tapoco Road; said portion of land being more particularly described as follows: BEGINNING at a Mag Nail set in the centerline of US Highway 129 over the intersection with the centerline of Cochrans Creek; said Mag Nail being located North 40624'23" West a distance of 51.87 feet from North Carolina Department of Transportation Right -of -Way monument; thence South 19'58'03" West a distance of 92.93 feet to a calculated point in the centerline of US Highway 129; thence the following four (4) calls with the centerline of US Highway 129 South 22030'28" West a distance of 96.38 feet to a calculated point; thence South 22°47'33" West a distance of 141.75 feet to a calculated point, thence South 22'52'22" West a distance of 69.49 feet to a calculated point; thence South 22014'43" West a distance of 39.81 feet to a calculated point; thence South 19'01'25" West a distance of 59.51 feet to a mag nail set; thence North 72056'43" West a distance of 113.62 feet to a 5/8" rebar set; thence North 72'56'43" West a distance of 23.23 feet to the edge of the Cheoah River; thence with the edge of the river the following nine (9) calls: North 14026'44" East a distance of 51.42 feet to a calculated point; thence North 12°41'53" East a distance of 95.13 feet to a calculated point; thence North 00645'30" West a distance of 36.32 feet to a calculated point; thence North 31038'24" East a distance of 72.22 feet to a calculated point; thence North 31007'20" East a distance of 65.17 feet to a calculated point; thence North 19°08'27" East a distance of 35.45 feet to a calculated point; thence North 47009'49" East a distance of 24.68 feet to a calculated point; thence North 50047'55" East a distance of 74.77 feet to a calculated point; thence North 23'31'41" East a distance of 50.07 feet to a calculated point; thence with the center of Cochran's Creek the following two (2) calls South 80°06'19" East a distance of 41.79 feet to a calculated point; thence South 88'04'03" East a distance of 39.67 feet to a calculated point; thence South 72038'27" East a distance of 23.64 feet to the point and place of BEGINNING, having an area of 1.622 acres, as shown on a plat by Herron Associates, drawing number 3045-2498-6, project number 220714132, dated October 14, 2022 and certified by John M. Kotila, PLS. As shown on that Plat Cabinet DB, Slide 2747, in the Office of the Register of Deeds of Graham County, North Carolina, reference to which Plat is hereby made for a more particular description. TOGETHER with the water easement for use of a spring as conveyed and more particularly described in the instrument recorded at Deed Book 111, Page 233, Graham County Registry. Parcel 2 (8089 Tapoco Road) Said property being located adjacent to Cheoah River and US Highway 129 in the Tapoco Community and Yellow Creek Township of Graham County, North Carolina; said property being commonly referenced by Parcel Identification Number 56340000000901 and commonly referred to as 8089 Tapoco Road; said portion of land being more particularly described as follows: BEGINNING at an existing 3/8" rebar; said rebar being located South 35°20'58" West a distance of 144.30 feet from North Carolina Department of Transportation Right -of -Way monument; thence North 85°09'22" West a distance of 6.65 feet to a calculated point at the edge of the Cheoah River; thence the following five (5) calls with the edge of the Cheoah River, North 02`33'21" West a distance of 34.76 feet to a calculated point; thence North 10009'46" West a distance of 73.69 feet to a calculated point; thence North 01°45'02" East a distance of 78.07 feet to a calculated point; thence North 04043'34" East a distance of 55.30 feet to a calculated point; thence North 14°26'44" East a distance of 30.48 feet to a calculated point; thence South 72'56'43" East a distance of 23.23 feet to a 5/8" rebar set, thence South 72056'43" East a distance of 113.62 feet to a mag nail set in the center of US 129; thence with the center of US 129 the following five (5) calls: South 19'01'25" West a distance of 13.46 feet to a calculated point; thence South 12°37'00" West a distance of 37.68 feet to a calculated point; thence South 07017'53" West a distance of 59.14 feet to a calculated point; thence South 01'51'31" East a distance of 85.54 feet to a calculated point; thence South 11006'23" East a distance of 47.41 feet to a mag nail set; thence North 85'09'22" West a distance of 116.40 feet to the point and place of BEGINNING, having an area of 0.740 acres; as shown on a plat by Herron Associates, drawing number 3045-2498-B, project number 22071462, dated October 14, 2022 and certified by John M. Kotila, PLS. As shown on that Plat Cabinet DB, Slide 2747, in the Office of the Register of Deeds of Graham County, North Carolina, reference to which Plat is hereby made for a more particular description. TOGETHER with the water easement for use of a spring as conveyed and more particularly described in the instrument recorded at Deed Book 111, Page 233, Graham County Registry. Tract 3 (232 Oliver Orr Road) Said property being located adjacent to Orr Branch and Oliver Orr Road in the Tapoco Community and Yellow Creek Township of Graham County, North Carolina; said property being commonly referenced by Parcel Identification Number 566300020028 and commonly referred to as 232 Oliver Orr Road; said portion of land being more particularly described as follows: BEGINNING at an existing %" rebar and running; thence South 58033'48" West a distance of 168.22 feet to a 1" open top pipe; thence South 52'29'26" West a distance of 63.21 feet to a marked White Oak; thence North 72'43'22" West a distance of 154.14 feet to an existing iron pin; thence North 29'29'00" East a distance of 255.02 feet to a 5/8" rebar set; thence North 46*25'10" West a distance of 86.42 feet to a 5/8" rebar set; thence North 79'07'58" West a distance of 52.41 feet to a 5/8" rebar set; thence South 32'03'02" West a distance of 185.02 feet to the center of a branch; thence South 32°03'02" West a distance of 15.46 feet to a 5/8" rebar set; thence North 37'49'41" West a distance of 35.74 feet to the center of a branch; thence North 37°49'41" West a distance of 63.38 feet to the center of a branch; thence North 37'49'41" West a distance of 64.54 feet to an existing iron pin; thence North 47001'05" East a distance of 28.63 feet to a 5/8" rebar set; thence North 52*44'43" East a distance of 221.32 feet to a marked Walnut; thence North 05050'43" East a distance of 69.00 feet to a point in centerline of Oliver Orr Road; thence North 05050'43" East a distance of 35.97 feet to a calculated point at the intersection of two branches; thence North 68°04'00" East a distance of 20.97 feet to a calculated point in a branch; thence South 33'45'47" East a distance of 10.67 feet to an existing iron pin; thence South 33'45'47" East a distance of 15.66 feet to a calculated point in the centerline Oliver Orr Road; thence South 33'45'47" East a distance of 238.36 feet to a marked Hickory; thence South 36°50'00" East a distance of 269.93 feet to the point and place of BEGINNING, having an area of 2.577 acres; as shown on a plat by Herron Associates, drawing number 3045-2498-B, project number 22071461, dated October 14, 2022 and certified by John M. Kotila, PLS. As shown on that Plat Cabinet ❑B, Page 2746, in the Office of the Register of Deeds of Graham County, North Carolina, reference to which Plat is hereby made for a more particular description. TOGETHER WITH a perpetual, appurtenant and non-exclusive road right of way easement over and across the existing access road, for ingress and egress to and from the herein conveyed lands and the public roadway, NCSR 1280, Oliver Orr Road, as provided in Deed Book 358, Page 526, Graham County Registry. ND:4873.2461-7787, v, 4 EXHIBIT B (Permitted Exceptions) Tract 1 1. Taxes for the year 2022 and all subsequent years. 2. Terms, provisions, covenants, conditions, easements and restrictions as provided in instrument recorded in Book 170, Page 713, and all recorded supplements and amendments thereto, Graham County Registry, but omitting any covenant, condition, easement, and/or restriction, if any, based on race, color, religion, sex, sexual orientation, familial status, marital status, source of income, disability, handicap or national origin unless and only to the extent that the covenant, condition, easement or restriction (a) is exempt under Title 42 of the United States Code; or (b) related to a handicap, but does not discriminate against handicapped persons. 3. Easements and any other facts as shown in Plat Cabinet DA, Page/Slide 328, Graham County Registry. 4. Right of Way of Tapoco Road to its full legal width. S. Easement(s) to Duke Energy Carolinas, LLC for Blanket Electrical Distribution Line recorded in Book 314, Page 74, Graham County Registry. 6. Right(s) of way to the Department of Transportation recorded in Book 112, Page 463, Graham County Registry. 7. Easement between Tapoco Partners, LLC and Balsam West FiberNET, LLC, recorded in Book 347, Page 800, Graham County Registry. 8. Reservations, limitations, covenants and conditions regarding the easement for ingress and egress as set forth in instrument recorded in Book 170, Page 713, Graham County Registry. 9. Reservation of easement and right of way for ingress and egress by Tapoco, Inc. recorded in Book 170, Page 707, Graham County Registry. 10. Memorandum of Mutual Lease/Use Agreement between Brookfield Smoky Mountain Hydropower, LLC, Smoky Mountain Transmission, LLC, and Tapoco Partners, LLC recorded in Book 341, Page 506, Graham County Registry. 11. Riparian and/or littoral rights and rights of others in and to the flow of waters over, upon or adjacent to the property, 12. Accretion, erosion, reliction, and avulsion associated with, and riparian rights of others incidental to, any creeks, streams, branches, or rivers coursing or forming any boundary to the property. Tract 2 1. Taxes for the year 2022 and all subsequent years. 2. Easements and any other facts as shown in Plat Cabinet DB, Slides 1121 and 1144, Graham County Registry. 3. Right(s) of way of Tapoco Road and US Highway 129 to their full legal widths. 4. Terms and provisions of that non-exclusive water easement for use of a spring as set forth in instrument recorded in Deed Book 111, Page 233, Graham County Registry. 5. Road and Drainage Easements for US Highway 129 as set forth in Judgment recorded in Book 124, Page 696, Graham County Registry. 6. Easement to Nantahala Power and Light Company recorded in Book 147, Page 636, Graham County Registry. Tract 3 1. Taxes for the year 2022 and all subsequent years. 2. Easements and any other facts as shown in PIat Cabinet DB, Slide 2251, Graham County Registry. 3. Right of Way of Oliver Orr Road to its full legal width. 4. Easement for use of spring as set forth in instrument recorded in Deed Book 98, Page 632, Graham County Registry. 5. Road right of way easement recorded in Book 118, Page 280, Graham County Registry. 6. Easement for Shared Use of a Well recorded in Book 358, Page 520, Graham County Registry. 7. Easement(s) for existing utilities affecting the land. 8. Rights of others in and to the access road and private roadway crossing the northerhmost portion ❑f the land. 9. Riparian and/or littoral rights and rights of others in and to the flow of waters over, upon or adjacent to the land. BILL OF SALE FOR SEWER TREATMENT FACILITY This Bill of Sale, made this I q -Aday of (k.46 2022, by Tapoco Partners, LLC "Seller" to VOS3 LLC " u er"• Y , WITNESSETH: That said Seller, pursuant to that certain Purchase of Real Estate and Asset Purchase Agreement dated March 22, 2022, by and among Seller, Buyer, and Kevin Bailey, as amended by First Amendment dated June 29, 2022, and Second Amendment dated October _, 2022 (collectively, the "Purchase Agreement"), for good and valuable consideration paid by the Buyer to the Seller, the receipt of which is hereby acknowledged, has bargained and sold and by these presents doth bargain, sell and convey unto the said Buyer, and its successors and assigns, certain articles of personal property, more particularly described as follows: The sewer treatment facility servicing the property known as Historic Tapoco Lodge in Graham County, North Carolina, including all associated equipment, warranties, furnishings, supplies, records and the fullest extent possible, any licenses and permits associated with the operation of the same. Also, all rights under the "Transfer and Assignment Agreement" and "Mutual Lease/Use Agreement", both dated November 1, 2012, between the Riverside at Tapoco, LLC, and Alcoa Power Generating, Inc. To Have and To Hold said personal property to the said Buyer and its successors and assigns in fee simple. And the said Seller covenants that it is seized of said property in fee simple and has the right to convey the same in fee simple, that the same is free and clear of all encumbrances whatsoever. Said property is otherwise transferred as -is, where -is, and with all faults. Nothing contained herein shall in any way modify or supersede the provisions of the Purchase Agreement, including the representations, warranties, covenants, rights, remedies, or obligations of any party set forth therein. The Seller further certifies that it will, upon request, execute any and all other instruments or documents, including motor vehicle titles, subsequent or corrected bills of sale, or any other such document, as may be necessary to accomplish or document the transfer of personal property as herein described and intended to by conveyed. [Signature page follows.] In Testimony Whereof, said Seller has hereunto set its hand and seal the day and year above written. Tapoco Partners, LLC By: Kevin Ba ey, Pr nt STATE OF COUNTY OF GEC I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Kevin Bailey, as Prosident of Ta oco Partners LL on behalf of and as a duly authorized and directed act amid LTIC Date: /0 —C 5 —ZGZZ (Officia�Signature of rotary) //�i Notary Public (Notary's printed or typed ame) STATE �`,�,t;. 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