SWA000213_Pending Sales Agreement_20230705

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EXHIBIT C
Memorandum of Contract
THIS MEMORANDUM OF CONTRACT (hereinafter referred to as the
"Memorandum") made this isf" day of/we/ , 2021, by and between ROGER HOWARD
DUPREE, free trader per Memorandum of Premarital Agreement dated December 10, 2020 and
recorded in Deed Book 3911, Page 448-453, Harnett County Registry (hereinafter referred to as
"Seller"),and DAN RYAN BUILDERS—NORTH CAROLINA,LLC,a North Carolina limited
liability company,or its assigns (hereinafter referred to as "Buyer").
A. This Memorandum is prepared for purposes of recordation and to notify the public
that Buyer and Seller have entered into an agreement for the purchase of the Property. This
Memorandum shall not alter or affect in any manner the rights and obligations of the Seller or
Buyer in the purchase of Harnett County Parcel Identification Numbers 0673-53-1625, 0673-44-
2149, and 0673-45-5069 (collectively, the "Property") as more fully described in the legal
description attached hereto as Exhibit 1, as set forth under the Contract of Sale dated
L,yy wz2 between Buyer and Seller (hereinafter "Contract"). In the event of any conflict
betv1een this Memorandum and the terms of the Contract, the terms of the Contract shall prevail.
C. This Memorandum shall remain in effect until the entire Property is purchased
under the Contract, but shall not remain in effect beyond the date set forth in Section 18 of the
Contract.
D. To facilitate execution,this Memorandum may be executed in duplicate,and it shall
not be necessary that the signature of, or on behalf of, each party, or that the signatures of the
persons required to bind any party, appear on more than one counterpart. All counterparts shall
collectively, constitute a single Memorandum.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Contract as
of the date first above written.
[SEE SIGNATURES ON FOLLOWING PAGES]
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ATTEST/WITNESS: SELLER:
ROGER HOWARD DU REE
1. 3b-P0.—"1--J , i,04,S1 By: r SEAL)
2.
Date 4,2-,23 -2 1
STATE OF Nord-h Carol,ncc.,
COUNTY OF c/ua,ke-
ON THIS c2 9 r day of V ece en her , 2011 , before me, the undersigned,
personally appeared Ro5Qr -' 0 t,,arot V u pre.e. ,known to me(or
satisfactorily proven) to be the person whose name is subscribed to within the instrument and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
AMANDA L MARTINEZ Notary Public, North Carolinaaiiip,04. d ��L—�
Wake County
My Commission Expires Notary Public
August 13,2024
My Commission expires ' . /3 2-02-L-(
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ATTEST/WITNESS: BUYER:
DAN RYAN BUILDERS—NORTH CAROLINA,
LLC
1. 3By: 1 (SEAL)
fe_ Paul J. Yeager, �ce President
Date 01/4,2_
STATE OF MARYLAND
COUNTY OF MONTGOMERY
ON THIS Ll ' day of i1ll , 2 before me, the undersigned,
appeared personallya eared Paul J. Yeager,known to me(or satisfactorily proven) to be the person whose
name is subscribed to within the instrument and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
KATHERINE TRIVELLI ( ` A,�J /_. '�L..
��*RY.P`'4*,�, Notary Public
T
State of Maryland Notary Public
: Frederick County
Op
!.4v^nmmissinn PE.April 11,2022
My Commission expires L7/ 1//0.�d
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EXHIBIT 1 to Memorandum of Contract
Legal Description
FIRST TRACT:
Brief Legal: "40 Acres Mary Young Batts Hendershott"
Parcel ID No. 04-0673-0011
BEGINNING at Reaves' corner in Deal's line; thence South 31 degrees West 30 chains and 50
links to a stake in Johnson's line; thence North about 75 degrees West 9 chains and 70 links with
Johnson's line to a stake in Mrs. Kate Matthews' line; thence North with her line 17 chains to a
stake, Gregory's corner; thence South 88 degrees East with Gregory's line 12 chains and 50 links
to a stake corner; thence North with his line 8 chains to a stake; Gregory's corner in Reaves' line;
thence South 85 degrees East 11 chains and 69 links to the beginning, containing forty (40) acres,
more or less.This is the same land conveyed to Edith M. Young by F.L. Cotton,Executor,by deed
dated January 8, 1934 and recorded in Book 250, page 175, Harnett County Registry.
For Chain of Title See: Estate of Lucille H. Dupree 08 E 531, Harnett County Clerk of Court;
Deed Book 1184, Page 204; Deed Book 1184, Page 200; Deed Book 880, Page 57; Deed Book
533, Page 12; Estate of Henry Howard (H.H.) Dupree 71 E 116, Harnett County Clerk of Court.
Being the same lands conveyed to H.H. Dupree and wife,Lucille H.Dupree,by Mary Young Batts
Hendershott, et al.by deed dated December 31, 1963 and recorded in Book 449,page 54, Harnett
County Registry.
SECOND TRACT:
Brief Legal: "2.22 Acres from Graham F. Howard - adjacent to Hendershott tract"
Parcel ID No.: 04-0673-0011-01
BEGINNING at an iron pin stake,the exact northwest corner of a tract of land containing 37 acres,
more or less, and which was conveyed to Graham F. Howard and wife by deed of Gearline I. Ward
and husband, dated November 4, 1955,recorded in Book 365,page 190,Harnett County Registry,
and rims thence South 03 degrees West by deed by which title was vested in Graham F. Howard
and wife (and South 04 degrees 30 minutes West according to survey by J. Carl Rowland, R.L.S.,
dated March 2, 1964) 94 feet to an iron pin corner in the West line of said 57 acre tract; thence
South 50 degrees 36 minutes East 454.4 feet to an iron pin corner; thence North 36 degrees 08
minutes East 315 feet to an iron pin corner in the northern line of said 57 acre tract; thence North
about 75 degrees West by deed by which title was vested in Graham F. Howard and wife, and
(North 76 degrees 27 minutes West according to survey by J. Carl Rowland, R.L.S. dated March
2, 1964) 544.6 feet to the beginning station and containing 2.22 acres, more or less, and a part of
that tract of land described in a deed by Gearline Y. Ward and husband Thomas W. Ward, to
Graham F. Howard and wife, Roberta C. Howard dated November 4, 1955,recorded in Book 365,
page 190, Harnett County Registry.
Conveyed as an appurtenance hereto is a 50 foot non-exclusive easement for ingress, egress and
regress and public,private utilities over and across that tract or parcel described as"40 Acres Mary
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Young Batts Hendershott" parcel ID No. 04-0673-0011 and is further described by metes and
bounds as the First Tract described above to NCSR 1507 "Tippett Road" to be located along the
perimeter of the "40 Acres Mary Young Batts Hendershott"Parcel along the southern and eastern
most property lines of said tract.
For Chain of Title See: Estate of Lucille H. Dupree 08 E 531, Harnett County Clerk of Court;
Deed Book 1184, Page 204; Deed Book 1184, Page 200; Deed Book 880, Page 57; Deed Book
533, Page 12; Estate of Henry Howard (H.H.) Dupree 71 E 116, Harnett County Clerk of Court.
Being the same lands conveyed by Graham F. Howard and wife to H.H. Dupree and wife, Lucille
H. Dupree by deed dated March 23, 1964, and recorded in Book 449, Page 53, Harnett County
Registry. For further reference see: Deed Book 533, Page 12, Harnett County Registry.
THIRD TRACT:
Brief Legal: 54.78 Acre Tract, Black River Twp
Parcel ID No. 04-0673-0014
BEGINNING at a stake corner with Jake Reavis and D. L. Adams and runs thence as the Reavis
line (crossing the public road) North 83 degrees West 2347.62 feet to a stake corner in the line of
Sexton Ennis; thence South 3 degrees West 1149.72 feet to a stake corner, J. P. Gardner line;
thence South 87 degrees 30 minutes East(and crossing the public road)2343 feet to a stake, D. L.
Adams line; thence North 3 degrees 30 minutes East 975 feet to the BEGINNING, containing 57.0
acres,more or less,subject,however,to the right of those entitled thereto to use that portion of the
land embraced within the highways upon said land.
There is excepted from the above description 2.22 acres which is more fully described as follows:
BEGINNING at an iron pine stake,the exact northwest corner of the aforesaid tract of land(which
contains 57 acres,more or less) and runs thence South 3 degrees West by deed by which title was
vested in the parties of the second part and South 4 degrees 30 minutes West according to survey
by J. Carl Rowland, RLS, dated March 2, 1964, 94 feet to an iron pin corner in the west line of
said 57 acre tract;thence South 50 degrees 36 minutes East 454.4 feet to an iron pin corner;thence
North 36 degrees 08 minutes East 315 feet to an iron pin corner in the northern line of said 57 acre
tract; thence North about 75 degrees West by deed by which title was vested in the parties of the
second part (North 76 degrees 27 minutes West according to survey by J. Carl Rowland, RLS,
dated March 2, 1964) 544.6 feet to the beginning station, and containing as aforesaid 2.22 acres.
This is the same property conveyed to Jerry T. Pleasant and wife, Virginia G. Pleasant, by deed
from Neuse, Inc., dated November 5, 1968 and recorded in Book 509, Page 258, Harnett County
Registry. Jerry T. Pleasant is now deceased (See: Estate File No. 93 E 0195 in the Office of the
Clerk of Superior Court of Harnett County).
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