SW3230606_Property Deed_20230630

�rl f O1.1'417 ss��
0 , � : - BOOK 0925PAGE382
j-� Filed for registration and recorded
this the 15th day of December, 1995 ,
at 2 : 56 P . M. in Book 925 , Page 382 .
ELAINE N. HARMON
LINCOLN COUNT? 12-15-95 Register o eeds for Lin oln County
.521
BY :
STATE
OF
RTH
$81 • 00 Register of Deeds
ter.
N RpUNA -, ' 3.: Real Estate
V-* r _ .1 Excise Tax
Excise Tax $817 . 00 Recording Time, Book and Page
Tax Lot No. Parcel Identifier No.
Verified by County on the day of , 19
by
Mali after recordingto Company, VU _ tica 4. -v Litt, p tC )
The J.H. Heafner Conan Inc. , p • �i� / , .-
P.O. Box 837, Lincolnton, NC 28093-0837 4.)710,1 .� w
This instrument was prepared by FINGER.,.. PA,RKER,...AVRAM & HEINTZELMAN, L.L.P. , Jonesville, NC 28642
Brief description for.the Index (94-1038)
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this .-1.5th.... day of December , 19„ 95 by and between
GRANTOR GRANTEE
M. NEIL FINGER and wife, THE J.H. HEAFNER COMPANY, INC.
MARY ANN B. FINGER Post Office Box 837
P.O. Box 8 Lincolnton, NC 28093-0837
Jonesville, NC 28642
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership.
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.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of Lincolnton Township,
Lincoln
County, North Carolina and more particularly described as follows:
SEE: Exhibit "A" attached describing 48.507 acres, more or less.
This Deed was prepared without a title search and no opinion as to title or
ownership is expressed or implied by the drafter of this instrument.
N. C. Bar Assoc.Form No.3 © 1976, Revised© 1977 —Jameswiiitams&Co.,Inc..Box 127.Yadkinviile,N.C.27055
P•�teC ty agreement with the N.C,Bar Assoc.— 1981

The property hereinabove described was acquired by Grantor by instrument recorded in
A map showing the above described property is recorded in Plat Book page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
This property is conveyed subject to all restrictions and easements of record,
if any, and all easements and rights of way visible upon the ground.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal. or if corporate, has caused this instrument to be signed in its
corporate name by its duly authorized officers and its seal to be hereunto affixed b r ty its and of Directors, the day and year first
above written.
(SEAL)
(Corporate Name) M. EI FINGE
By: W - -LLB Le[_ ..;f _ __ 1 (SEAL)
President x '' RY ANN B. FINGER e)
1-1
ATTEST: 01 (SEAL)
Secretary (Corporate Seal)
��. (SEAL)
SEAL-STAMP NORTH CAROLINA, Yadkin County.
4Notary Public of the County and State aforesaid, certify that M.__Neil_Finger-and
�v, 4 OffiCIALSEAL + Mary _Ana_B.._ Finger Grantor,
: ..Y CHRIS'TINE P. CH h K_ •
Ni1 ' 4 1J P�',- TH 'Li, •nally atpeared before me this day and acknowledged the execution of the foregoing instrument. Witness my
- n
to • and official stamp or seal, this ___l5thday of December , I9_9-5_,
My commission expires: _LA, 1 _ �? NotaryPublic
SEAL-STAMP NORTH CAROLINA, County.
I, a Notary Public of the County and State aforesaid, certify that
N personally came before me this day and acknowledged that ____ he is Secretary of
a North Carolina corporation, and that by authority duly
1,4• given and as the act of the corporation, the foregoing instrument was signed in its name by its
cia
• President, sealed with its corporate seal and attested by as its Secretary.
an
r7
Witness my hand and official stamp or seal, this day of , 19
My commission expires: Notary Public
The foregoing Certificate*) of Christine P. Cheeky NQt ary Pt�t?l Q Qf_ Yadkin_CQlant,
is xM certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the
first page hereof.
ELAINE N. HARM4lV REGISTER OF DEED: FOR LINCOLN COUNTYBy l� 2 '- - 79fitt,/Aa..i it_Register of Deeds
N.C. Bar Assoc.Form No.3 © 1976, Revised O 1977 —James Williams&Co.,Inc.,Box 127,Yodkin,ille,N.C.27055 BOOK0925 GE383
Printed by Agreement with the N.C.Bar Assoc.—1981

ru
BOOK O925 PAGE J84
t
BEING 48 . 507 ACRES located in Lincolnton Township , Lincoln County ,
North Carolina, according to a boundary survey prepared for The J .
H. Heafnr!r Company, Inc . by Carpenter Land Surveying, P. A. , dated
August 21, 1995 , with reference thereon to Deed Book 749 at Page
656 , Lincoln County Registry, and being a portion of the Lincoln
County Industrial Park as shown on survey of the Lincoln County
Industrial Park recorded in..Plat Book G , Page 415 , Lincoln
County Registry, and being bounded on the North by other lands of
the Lincoln County Industrial Park, on the East by the centerline
of Finger Mill Road (N. C. State Road 01276) , on the South by the
centerline of Larkard Creek, on the West by property of Claude F .
Abernathy, and being described bymetes and bounds as follows :
BEGINNING at a point in the centerxihe: of the bridge where Finger
Mill Road crosses Larkard Creek, said Beginning Point being located
N 11 ° 49 ' 42" W 3247 . 42 feet from N. C. G. S . Monument Nick having
coordinates of N = 655416 . 2941 and E = 1340250 . 889 and runs from
said Beginning Point with the centerline of Larkard Creek the
following courses and distances : S 57 ° 33 ' 30" W 36 . 27 feet ; N 82 °
31 ' 43 " W 39 . 58 feet ; S 86 ° 58 ' 28 " W 55 . 84 feet; S 53 ° 45 ' 55 " W
54 . 64 feet ; S 60 ° 56 ' 43 " W 46 . 03 feet ; S 21 ° 34 ' 42" W 59 . 96 feet ;
S 66 ° 21 ' 08 " W 28 . 77 feet; S 83 ° 45 ' 51" W 57 . 95 feet ; N 68 ° 32 '
18 " W 52 . 86 feet ; S 61 ° 33 ' 34 " W 49 . 14 feet ; S 28 ° 14 ' 19" W 31 . 95
feet ; S 61° 36 ' 35 " W 53 . 01 feet ; S 69 ° 02 ' 45 " W 58 . 43 feet; S 76 °
17 ' 23 " W 39 . 62 feet ; N 67 ° 33 ' 58 " W 35 . 73 feet; N 46 ° 27 ' 39" W
24 . 81 feet; N 86 ° 32 ' 20" W 10 . 85 feet; S 39 ° 01 ' 22 " W 33 . 54 feet;
S 29 ° 14 ' 44 " W 46 . 48 feet; N 88 ° 21 ' 00" W 45 . 10 feet ; N 69 ° 20 '
54" W 18 . 83 feet ; N 77 ° 35 ' 02 " W 45 . 46 feet ; S 38 ° 37 ' 01" W 72 . 07
feet ; S 76 ° 18 ' 13" W 29 . 81 feet; S 190 46 ' 21" W 38 . 37 feet; S 19 °
19 ' 50 " W 37 . 69 feet; S 56 ° 35 ' 03" W 23 . 62 feet ; S 82 ° 55 ' 38" W
55 . 00 feet; S 64 ° 39 ' 55" W 59 . 20 feet; S 42 ° 34 ' 01 " W 39 . 97 feet;
S 32 ° 11 ' 59" W 59 . 53 feet ; S 55° 23 ' 35 " W 45 . 63 feet; S 39 ° 22 '
00" W 68 . 48 feet; S 47 ° 23 ' 16 " W 56 . 97 feet; S 65 ° 52 ' 10 " W 35 . 96
feet ; N 67 ° 17 ' 08" W 27 . 40 feet ; N 37 ° 32 ' 07" W 23 . 91 feet ; N 28 °
38 ' 12 " W 18 . 49 feet; N 76° 50 ' 13" W 20 . 36 feet ; S 77 ° 14 ' 30 " W
34 . 94 feet; S 76 ° 35 ' 59" W 42 . 58 feet; and N 87 ° 57 ' 13" W 21 . 79
feet to a corner in the centerline of Larkard Creek and an eastern
line of Claude F. Abernathy (being Tract 6 of Deed Book 395 , Page
600 , Lincoln County Registry) ; thence with the eastern line cf
Claude F. Abernathy, N 04 ° 36 ' 26" E 1174 . 76 feet to an existing
iron pin , northeastern corner of Claude F. Abernathy (Tract 4 cf
Deed Book 395 , Page 600 , Lincoln County Registry) ; thence with a
northern line of Abernathy, N 74 ° 56 ' 56 " W 532 . 13 feet to an
existing iron pin , another corner of Abernathy ; thence with another
eastern line of Abernathy, N 02 ° 44 ' 28 " E 574 . 23 feet to a set
iron pin , a new corner ; thence a new line , S 87 ° 15 ' 32 " E 1597 . 56
feet (crossing a set iron pin at 1567 . 56 feet in the western right
of way line of Finger Mill Road) to a corner in the centerline of
Finger Mill Road; thence with the centerline of Finger Mill Road,
the following course and distances : S 01 ° 54 ' 10" W 552 . 08 feet;
S 00 ° 33 ' 35" E 87 . 80 feet ; S 04 ° 48 ' 39 " E 93 . 97 feet; S 11 ° 29 '
16" E 106 . 10 feet; S 18 ° 06 ' 23 " E 78 . 01 feet; S 23 ° 59 ' 47" E
123 . 84 feet; S 28 ° 27 ' 47 " E 196 . 37 feet to the POINT OF BEGINNING .
This conveyance is made subject to the right of way for Finger Mill
Road recorded in Deed Book 469 , Page 59 , Lincoln County Registry,
rights of way and easements , if any lying within the road right of
way for public utilities , those matters affecting the subject
property as shown on the plat of Lincoln County Industrial Park
recorded in Plat Book G , Page 415 , Lincoln County Registry ;
and to those restrictive covenants for the Lincoln County
Industrial Park recorded in Book 922 , Page 292 , Lincoln
County Registry.

aq 3J, o7 0
'2 CORP ID# 50 f? 3 7 IO
' ' '1 �' "� STATE OF NORTH CAROLINA
FILED
ARTICLES OF MERGER 3 '3g f A—
AUG20W
OF EA•cthre
ELAINE F.MARWIAL.L —
THE J.H.HEAFNER COMPANY,INC. SECR TA YC OF STATE
NOLINA
A North Carolina Corporation
INTO
HEAFNER TIRE GROUP,INC.
A Delaware Corporation
Pursuant to §§ 55-11-07,55-11-04,and 55-11-05 of the North Carolina Business Corporation
Act(the"NCBCA"),Heafner Tire Group, Inc.,a corporation organized under the laws of Delaware
(the"Surviving Corporation"),hereby submits these Articles of Merger for the purpose of merging The
J. H.Heafner Company,Inc.,a corporation organized under the laws of North Carolina(the"Merging
Corporation"),with and into the Surviving Corporation(such transaction being the"Merger").
1. With respect to each corporation which is a party to the Merger,the Plan of Merger
attached hereto as Exhibit A and made a part hereof was duly authorized and approved by unanimous
consent and in the manner prescribed by law by the Board of Directors of the Merging Corporation and
was duly authorized and approved by a majority of the shareholders of the Merging Corporation as
required by the NCBCA and the General Corporation Law of Delaware(the"DGCL").
2. The Merging Corportion owns all of the outstanding shares of each class of stock of the
Surviving Corporation. Pursuant to Section 55-11-04 of the NCBCA and Section 253 of the DGCL,
the Merger does not require the vote of the shareholders of the Surviving Corporation.
3. The Merger is permitted by the law of the state of incorporation of each foreign entity
which is a party to the Merger.
4. Each foreign entity which is a party to the merger has complied or shall comply with
the applicable laws of its state of incorporation regarding such Merger.
5. These Articles of Merger shall be effective upon filing.
CHARITBFICORP1486884_I

t
This /04. day of Ah5kcJ 1999.
Heafner Tire Group,Inc.,
a Delaware corporation
By: C.
Name:'.bo,,/A,,a C.�aor
President and Chief Executive Officer
1
q
CHAR1\EBF\CORP\486884_1 2

•
•
EXHIBIT A
PLAN OF MERGER
THIS PLAN OF MERGER("Plan")made as of Au „Sf IQ, 1999,by and between
Heather Tire Group, Inc., a corporation organized under thelaws of Delaware("Heather")and
The J.H. Heather Company,Inc., a corporation organized under the laws of North Carolina(the
"Merging Corporation") (collectively,Heather and the Merging Corporation are herein referred
to as"Constituent Corporations").
•
WITNEaaETH:
WHEREAS,Heather is a wholly-owned subsidiary of the Merging Corporation;
WHEREAS, the Board of Directors of the Merging Corporation has determined that it is
advisable and in the best interests of such corporation for the Merging Corporation to be merged
with and into Heather(the"Merger")upon the terms and conditions set forth herein and in
accordance with the Delaware General Corporation Law and the North Carolina Business
Corporation Act for the sole purpose of re-domesticating the Surviving Corporation in the State
of Delaware;
WHEREAS,the Board of Directors of Merging Corporation intends for the Merger to be
effective for the sole purpose of reincorporating the Merging Company in Delaware.
NOW, THEREFORE,the parties hereto agree as follows:
ARTICLE I
THE MERGER
1.1 The Merger. Subject to the terms and conditions contained herein, at the Effective
Time(as defined below),the Merging Corporation shall be merged with and into Heather,with
Heather being the surviving corporation(the"Surviving Corporation"). Upon the effectiveness
of the Merger,the Surviving Corporation shall possess all of the rights,privileges,powers and
franchises of the Constituent Corporations, and all property(real,personal and mixed)and other
assets(tangible and intangible)belonging to the Constituent Corporations shall be vested in the
Surviving Corporation, and all such property, assets,rights,privileges,powers and franchises
shall thereafter belong to the Surviving Corporation, and the title to any real estate vested by
deed or otherwise in the Constituent Corporations shall not revert or be in any way impaired by
reason of the Merger,but all rights of creditors and all liens upon any property of the Constituent
Corporations shall be preserved unimpaired, and all debts, liabilities and duties of the Constituent
Corporations shall, following the Merger, attach to the Surviving Corporation and may be
enforced against it to the same extent as if said debts, liabilities and duties had been incurred or
contracted by the Surviving Corporation. The debts, liabilities and duties of the Merging
Corporation which, following the Merger, shall attach to and shall be assumed by the Surviving
Corporation and may be enforced against it to the same extent as if said debts, liabilities and
duties had been incurred or contracted by the Surviving Corporation shall include,but not be
limited to, (i) all debts, liabilities and duties of the Merging Corporation under an Indenture dated
as of May 15, 1998, among the Merging Corporation, certain of its subsidiaries and First Union

a 1
National Bank, as trustee, (ii) all debts, liabilities and duties of the Merging Corporation under an
Indenture dated as of December 1, 1998, among the Merging Corporation,certain of its
subsidiaries and First Union National Bank, as trustee(the"Series D Indenture"), and the
$150,000,000 Series D 10% Senior Notes Due 2008 issued under the Series D Indenture.
1.2 Consummation of the Merger. Promptly following and subject to the satisfaction of
the conditions set forth in Article IV herein, the parties hereto shall cause Articles of Merger to
be filed with the Secretary of State of North Carolina in such form as required by, and executed
in accordance with,the relevant provisions of the North Carolina Business Corporation Act.
Furthermore,promptly following and subject to the satisfaction of the conditions set forth in
Article IV herein,the Merging Corporation shall cause a Certificate of Ownership and Merger to
be filed with the Secretary of State of Delaware in such form as required by, and executed in
accordance with, the relevant provisions of the Delaware General Corporation Law. The Merger
shall be effective upon the completed filing of the Articles of Merger and the Certificate of
Ownership and Merger(the"Effective Time").
1.3 Further Assurances. If at any time after the Effective Time the Surviving
Corporation shall consider or be advised that any further deeds, assignments, assurances or any
other acts are necessary, desirable or proper to vest,perfect or confirm, of record or otherwise, in
the Surviving Corporation, the title to any property or right of the Constituent Corporations
acquired or to be acquired by reason, or as a result,of the Merger, the Merging Corporation
. agrees that the Surviving Corporation and its officers shall execute and deliver all such deeds,
assignments and assurances and do all acts necessary, desirable or proper to vest,perfect or
confirm title to such property or right in the Surviving Corporation, and the officers of the
Surviving Corporation are fully authorized in the name of the Merging Corporation or otherwise
to take any and all such action.
ARTICLE II
THE SURVIVING CORPORATION
2.1 Certificate of Incorporation. Following the Effective Time, the Certificate of
Incorporation of Heafner shall be the Certificate of Incorporation of the Surviving Corporation
until thereafter amended or repealed in accordance with the terms thereof and applicable law.
2.2 By-Laws. Following the Effective Time,the By-Laws of Heafner shall be the By-
Laws of the Surviving Corporation until amended or repealed in accordance with the provisions
thereof,the Certificate of Incorporation of the Surviving Corporation and applicable law.
2.3 Directors. Following the Effective Time,the directors of Merging Corporation shall
continue to be the directors of the Surviving Corporation until their respective successors are
duly elected and qualified in the manner provided in the By-Laws and the Certificate of
Incorporation of the Surviving Corporation and applicable law,or until their earlier resignation
or removal.
2.4 Officers. Following the Effective Time,the officers of the Merging Corporation
shall be the officers of the Surviving Corporation until their successors are duly elected and
2

qualified in the manner provided in the By-Laws and the Certificate of Incorporation of the
Surviving Corporation and applicable law,or until their earlier resignation or removal.
ARTICLE III
CONVERSION AND CANCELLATION OF SHARES.WARRANTS AND OPTIONS
3.1 Conversion and Cancellation of Shares.Warrants and Options. As of the Effective
Time,by virtue of the Merger and without any further action on the part either of the Constituent
Corporations or any holder of any of the capital stock thereof or any holder of any warrants or
options for such capital stock:
(a) Each issued and outstanding share of Class A Common Stock of the
Merging Corporation shall be converted into the right to receive one share of Class A
Common Stock of Heafner.
(b) Each issued and outstanding share of Class B Common Stock of the
Merging Corporation shall be converted into the right to receive one share of Class B
Common Stock of Heafner.
(c) Each issued and outstanding share of Series A Preferred Stock of the
Merging Corporation shall be converted into the right to receive one share of Series A
Preferred Stock of Heafner.
(d) Each issued and outstanding share of Series B Preferred Stock of the
Merging Corporation shall be converted into the right to receive one share of Series B
Preferred Stock of Heafner.
(e) Each warrant to purchase Class A Common Stock of the Merging
Corporation issued and outstanding shall be converted into a right to receive a warrant to
purchase Class A Common Stock of Heafner.
(f) Each option to purchase Class A Common Stock of the Merging
Corporation issued and outstanding shall be converted into a right to receive an option to
purchase Class A Common Stock of Heafner.
(g) Each share of Class A Common Stock of Heather issued and outstanding
and owned by Merging Corporation immediately prior to the Effective Time shall cease
to exist and shall be deemed cancelled,retired and eliminated.
3.2 Equal Exchange. The exchange and conversion of the warrants and the options of
the Merging Corporation into warrants and options of the Surviving Corporation is an equal
exchange and will not result in a modification, extension or renewal of any warrant or option
under applicable tax laws.
3

ARTICLE IV
CONDITIONS TO CLOSING
The obligations of the Constituent Corporations to consummate the transactions
contemplated by this Plan are subject only to the approval of the Merger at or before the
Effective Time,by the affirmative vote or by the written consent of a majority of the
shareholders of the Merging Corporation pursuant to Section 55-11-04 of the North Carolina
Business Corporation Act.
•
4

IN WITNESS WHEREOF, the parties hereto have executed this Plan as of the date first
written above.
THE J. H.HEAFNER COMPANY, INC., a North
Carolina corporation
By: C
Donald Roof • �--�
President and Chief Executive Officer
HEAFNER TIRE GROUP, INC, a Delaware
corporation
Name: G. 2
President and Chief Executive Officer
5 •

SOSID: 0502622
Date Filed: 6/5/2002 10:22 AM
I S 3 Elaine F. Marshall
North Carolina Secretary of State
State of North Carolina
Department of the Secretary of State
APPLICATION FOR AMENDED CERTIFICATE OF AUTHORITY
Pursuant to §55.15-04 of the General Statutes of North Carolina,the undersigned corporation hereby applies for an Amended
Certificate of Authority to transact business in the State of North Carolina and for that purpose submits the following statement
1. The name of the corporation
is:, HEAFNER TIRE GROUP, ANC.
2. The name the corporation is currently using in the State of North Carolina is:
HEAFNER TIRE GROUP, INC.
3. The state or country of incorporation is:Delaware
4. The date the corporation was authorized to transact business in the State of North Carolina is:
August 10, 1999
5. This application is filed for the following reason(complete all applicable items):
a. The corporation has changed its corporate name to:*
AMERICAN TIRE DISTRIBUTORS, INC_
b. The name the corporation will hereafter use in the State of North Carolina is changed to:
c. The corporation has changed its period of duration to:
d_ The corporation has changed the state or country of its incorporation to:
6. Attached is a certificate attesting to the change,duly authenticated by the secretary of state or other official having custody of
corporate records in the state of country of incorporation.
7. If the corporation is required to use a fictitious name in order to transact business in this State,a copy of the resolution of its
board of directors,certified by its secretary,adopting the fictitious name is attached.
8. This application will be effective upon filing,unless a date and/or time is specified:
This the 3 day of Jung 20 02 _
HEAFNER TIRE GROUP, INC.
,c of Corporation
Signature
J. Mictteel Gaither, Executive vice President
Type or Print Name and Title
NOTES:
I. Filing fee is S50. One executed original and one exact or conformed copy of this application must be filed with the Secretary of State,
2. " if the name of the corporation as changed is unavailable for use in North Carolina,indicate this filet and state the name the corporation wishes to use in North
Carolina on 5b. (See NCGS t55-15.06)
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH, NC 27626-0622

Delaware PAGE 1
The First State
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF AMENDMENT OF "HEAFNER TIRE GROUP,
INC. " , CHANGING ITS NAME FROM "HEAFNER TIRE GROUP, INC. " TO
"AMERICAN TIRE DISTRIBUTORS, INC. " , FILED IN THIS OFFICE ON THE
THIRTIETH DAY OF MAY, A.D. 2002, AT 9 O'CLOCK A.M.
Harriet Smith Windsor,Secretary of State
2985653 8100 AUTHENTICATION: 1807823
•
020352763 DATE: 06-03-02