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HomeMy WebLinkAboutNC0082716_Owner (Name Change)_20231016 a t� .i q. �ST $'Ao ROY COOPER g ' + f i Governor Y ., ELIZABETH S.BISER Secretary .�Q...,.0 ` S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NCOO t3/ 2/ / I / Cr or NCG5 / / / / I 1. Facility Name: /1 rt'�1 fi° ' 4)rc- II. NEW OWNER/NAME INFORMATION: RECEIVED 1. This request for a name change is a result of: Va. Change in ownership of property/company OCT 16 2023 b. Name change only NCDEQ/DWR/NpDES c. Other(please explain): 2. New owner's name(name to be put on permit): pebv/1-A-H /4/4-r-t_E7/ - /-/t4-rt y /l o/ A/r-er 3. New owner's or signing official's name and title: U?df' /2 '-1-/ Al./4"Ti �` (Person legally responsible for permit) d Of N r►y ri-ED (Title) 01, 4. Mailing address: 2A)° r . i "/AJ _f r- Sre 7City: c1 0 Ff^/ f O A) L/ r ' State: T^J Zip Code: 3 7 V (9 Li. Phone: (I/2j ) 57 13 - 3 ) t° / E-mail address: /)E✓' /—/i - n—E y /r i—E—R- / b - • CD frv1 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) [see reverse side of this page for signature requirements] D E q North Carolina Department of Environmental Quality I Division of Water Resources Q f/ Asheville Regional Office 12090 U.S.Highway 70 I Swannanoa.North Carolina 28778 o.yrteMnl a Emlra.nw,W wrb 828.296.4500 Page 2 of 2 Applicant's Certification: I, /) E'd°(L /i ��l� y , 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 e not included, this application package will be returned as incomplete. Signature: Date: /f a- f Z 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, North Carolina 27699-1617 Version 11/2020 BOOK 767 PAGE 586 (12) 349916 Feed: Madison County, NC 03/02/2023 10:48:27 AM Mary Jane Wallin, Register of Deeds PURCHASE MONEY NORTH CAROLINA DEED OF TRUST SATISFACTION: The debt secured by the within Deed of Trust together with the note(s)secured thereby has been satisfied in full. This the day of_ ,20, Signed: Parcel Identifier No. _Verified by County on the day of ,20_ By: Mail/Box to: Donny J Laws,Attorney,Attorney at Law, 131 E Main Street,Ste.D,Bumsville,NC 28714 Donny J Laws,Attorney at Law,, 131 E Main Street,Ste.D,Burnsville,NC 28714 This instrument was prepared by: Brief description for the Index: Ski Lodge Wolf Laurel, THIS DEED of TRUST made this 1st day of_ March ,20 23 ,by and between: GRANTOR TRUSTEE BENEFICIARY Hatley Ridge,LLC Donny J Laws,Attorney Ski The Ridges,LLC 144 Lake Meadow Drive PO Box 397 Johnson City,TN 37615 Burnsville,NC 578 Valley View Circle Mars Hill,NC 28754 Enter in appropriate block for each party:name,address,and,if appropriate,character of entity,e.g.corporation or partnership. The designation Grantor, Trustee, and Beneficiary 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 whereas the Grantor is indebted to the Beneficiary in the principal sum of Seven Million Two Hundred Thousand and 00/100 Dollars ($ *****7,20IJ 000 00) as evidenced by a Promissory Note of even date herewith, the terms of which are incorporated herein by reference.The final due date for payments of said Promissory Note,if not sooner paid,is November 1 , 20 3 Page 1 of 5 NC Bar Association Form No.5®1976,Revised 0 September 1985,2002,2013 This standard form has been approved by Printed by Agreement with the NC Bar Association—1981 North Carolina Bar Association—NC Bar Form No.5 NOW,THEREFORE, as security for said indebtedness,advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection(including attorneys fees as provided in the Promissory Note)and other valuable consideration,the receipt of which is hereby acknowledged,the Grantor has bargained,sold,given and conveyed and does by these presents bargain,sell,give,grant and convey to said Trustee,his heirs,or successors,and assigns,the parcel(s)of land situated in the City of Ebbs Chapel Township, Madison _ County, North Carolina, (the "Premises") and more particularly described as follows: See Exhibit"A"attached hereto and incorporated herein by reference as ifthe same were fully set forth herein. TO HAVE AND TO HOLD said Premises with all privileges and appurtenances thereunto belonging,to said Trustee,his heirs,successors, and assigns forever,upon the trusts,terms and conditions,and for the uses hereinafter set forth. If the Grantor shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or in part, all other sums secured hereby and shall comply with all of the covenants, terms and conditions of this Deed of Trust,then this conveyance shall be null and void and may be canceled of record at the request and the expense of the Grantor. If, however, there shall be any default (a) in the payment of any sums due under the Note, this Deed of Trust or any other instrument securing the Note and such default is not cured within ten(10)days from the due date, or(b)if there shall be default in any of the other covenants,terms or conditions of the Note secured hereby,or any failure or neglect to comply with the covenants,terms or conditions contained in this Deed of Trust or any other instrument securing the Note and such default is not cured within fifteen (15) days after written notice, then and in any of such events, without further notice, it shall be Iawful for and the duty of the Trustee,upon request of the Beneficiary,to sell the land herein conveyed at public auction for cash,after having first giving such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as may then be provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey title to the purchaser in as full and ample manner as the Trustee is empowered. The Trustee shall be authorized to retain an attorney to represent him in such proceedings. The proceeds of the Sale shall after the Trustee retains his commission, together with reasonable attorneys fees incurred by the Trustee in such proceedings, be applied to the costs of sale, including, but not limited to,costs of collection,taxes, assessments, costs of recording,service fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary according to the provisions hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale or the minimum sum of $ 1,500.00 whichever is greater, for a completed foreclosure. In the event foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonable attorneys fees, and a partial commission computed on five per cent(5%)of the outstanding indebtedness or the above stated minimum sum,whichever is greater,in accordance with the following schedule, to-wit: one-fourth (1/4) thereof before the Trustee issues a notice of hearing on the right to foreclosure; one-half eh)thereof after issuance of said notice,three-fourths (3/4)thereof after such hearing; and the greater of the full commission or minimum sum after the initial sale. And the said Grantor does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected,constantly insured for the benefit of the Beneficiary against loss by fire, windstorm and such other casualties and contingencies,in such manner and in such companies and for such amounts, not Iess than that amount necessary to pay the sum secured by this Deed of Trust, and as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance,pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payments as long as the Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. All proceeds from any insurance so maintained shall at the option of Beneficiary be applied to the debt secured hereby and if payable in installments, applied in the inverse order of maturity of such installments or to the repair or reconstruction of any improvements located upon the Property. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said Premises within thirty (30) days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments and charges as herein required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust,and shall be due and payable upon demand of Beneficiary. 3. ASSIGNMENTS OF RENTS AND PROFITS.Grantor assigns to Beneficiary, in the event of default,all rents and profits from the land and any improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, Page 2 of 5 NC Bar Association Form No.5 Cl 1976,Revised OD September 1985,2002,2013 This standard form has been approved by Printed by Agreement with the NC Bar Association—1981 North Carolina Bar Association—NC Bar Form No.5 to rent same,at any reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the cost of reletting and collection,to apply the remainder to the debt secured hereby. 4. PARTIAL RELEASE.Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note,this Deed of Trust,and any other instrument that may be securing said Note. 5. WASTE. The Grantor covenants that he will keep the Premises herein conveyed in as good order,repair and condition as they are now, reasonable wear and tear excepted,and will comply with all governmental requirements respecting the Premises or their use, and that he will not commit or permit any waste. 6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain, Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by reason of such taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount so received, or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments,or to any alteration,repair or restoration of the Premises by Grantor. 7. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he 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 he 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: 8. SUBSTITUTION OF TRUSTEE.Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any successor trustee, shall die, become incapable of acting,renounce his trust, or for any reason the holder of the Note desires to replace said Trustee, then the holder may appoint, in writing, a trustee to take the place of the Trustee; and upon the probate and re:istration of the same, the trustee thus appointed shall succeed to all rights,powers and duties of the Trustee. X THE FOLLOWING PARAGRAPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLESS THE BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS MARKED AND/OR INITIALED. 9. SALE OF PREMISES. Grantor agrees that if the Premises or any part thereof or interest therein is sold, assigned, transferred, conveyed or otherwise alienated by Grantor, whether voluntarily or involuntarily or by operation of law [other than: (i)the creation of a lien or other encumbrance subordinate to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) the creation of a purchase money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (iv) the grant of a leasehold interest of three(3)years or less not containing an option to purchase; (v) a transfer to a relative resulting from the death of a Grantor; (vi) a transfer where the spouse or children of the Grantor become the owner of the Premises;(vii)a transfer resulting from a decree of a dissolution of marriage,legal separation agreement,or from an incidental property settlement agreement, by which the spouse of the Grantor becomes an owner of the Premises; (viii)a transfer into an inter vivos trust in which the Grantor is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the Premises], without the prior written consent of Beneficiary,Beneficiary, at its own option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable. Any change in the legal or equitable title of the Premises or in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a majority interest in the Grantor if a corporation or partnership, whether or not of record and whether or not for consideration,shall be deemed to be the transfer of an interest in the Premises. 10. ADVANCEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument given as additional security for the Note secured hereby, the Beneficiary may, but without obligation, make advances to perform such covenants or obligations, and all such sums so advanced shall be added to the principal sum,shall bear interest at the rate provided in the Note secured hereby for sums due after default and shall be due from Grantor on demand of the Beneficiary. No advancement or anything contained in this paragraph shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default. 11. INDEMNITY. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or Beneficiary from any loss,cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due after default and shall be due and payable on demand. 12. WAIVERS.Grantor waives all rights to require marshaling of assets by the Trustee or Beneficiary. No delay or omission of the Trustee or Beneficiary in the exercise of any right,power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time. 13. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney,to represent him in said action and Page 3 of 5 NC Bar Association Form No.5 0 1976,Revised 0 September 1985,2002,2013 This standard form has been approved by Printed by Agreement with the NC Bar Association—1981 North Carolina Bar Association—NC Bar Form No.5 the reasonable attorney's fee of the Trustee in such action shall be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear interest at the rate provided in the Note for sums due after default. 14. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default hereunder. 15.OTHER TERMS. Page 4 of 5 NC Bar Association Form No.5© 1976,Revised©September 1985,2002,2013 This standard form has been approved by Printed by Agreement with the NC Bar Association—1981 North Carolina Bar Association—NC Bar Form No.5 IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written. HATLEY R DGE (SEAL) (Entity Name) By: David H e Z.- (SEAL) Title: By: (SEAL) Title: By: _ (SEAL) Title: State of North Carolina -County of I,the undersigned Notary Public of the County and State aforesaid,certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of _,20 . My Commission Expires: Notary Public State of North Carolina-County of Madison I, the undersigned Notary Public of the County and State aforesaid, certify that David Hatt ey and —lie1+nY ah H __.personally came before me this day and acknowledged that the Manag ra/MPmber s of HATLEYRli L -9,�,''fs a xraiielaxi TN ttiey aatittmRn/limited liability company/ cc ; ., , viiiiiimiliiit (strike through the inapplicable), and that by authority duly given and as the act of such entit',• _11:0 ssn�ed , e, o.rdEo g instrument in its name on its behalf as its act and d Witne ' and and Notarial stamp or seal,this. t a� ict . Mich ,2021. G '1t n } -< . Z, 4 My Co :. �� pp ` m 2// N C . �, ,.,,, No y Public ,'1�/,1111lili`��`� • V State of North Carolina-:-County of I,the undersigned Notary Public of the County and State aforesaid,certify that Witness my hand and Notarial stamp or seal,this day of , 20_. My Commission Expires: Notary Public The foregoing Certificate(s) of is/are 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. Register of Deeds for County By: Deputy/Assistant -Register of Deeds Page 5 of 5 NC Bar Association Form No.5®1976,Revised m September 1985,2002,2013 This standard form has been approved by Printed by Agreement with the NC Bar Association—1981 North Carolina Bar Association—NC Bar Form No.5 Exhibit"A" Parcel 1: BEING all of Lots 23, Phase 1, Scenic Wolf Mountain Resort, Map Book 5, Page 321,and all of Lots 24 & 25, Phase II, Scenic Wolf Mountain Resort, Map Book 5, Page 304, (Deed Book 505, Page 743)recorded in the Office of the Register of Deeds for Madison County,NC; AND BEING the same property described in a deed dated 13 November, 2017 from English 23, LLC to Ski The Ridges,LLC, recorded at Madison County Deed Book 640,Page 642. Parcel 2 (Ski Slope, Upper Lodge,Maintenance Shed): BEING all of Tract 1 (52.34 acres)and Tract 2 (8.35 acres) as shown on that Plat prepared for Wolf Ridges Ski & Realty, Inc., as recorded in Madison County Plat Book 5, Page 935,reference to which is hereby made and incorporated for a more particular description of said property. TOGETHER WITH AND SUBJECT TO those rights of way and easements as shown on the above-referenced Plat and those rights of way, easements and restrictive covenants as recorded in the Madison County,North Carolina Register's Office; reference to which is hereby made and incorporated herein by reference.. AND BEING all of that property described in a deed dated 16 November, 2006 from Wolf Laurel Slopes, Inc.,to Ski The Ridges, LLC, recorded at Madison County Deed Book 446,Page 457. AND BEING a portion of that property identified in Deed Book 202, beginning on Page 62 of the records maintained by the Register of Deeds for Madison County,North Carolina. EXCEPTING from the above-described land are those lands described at Madison County Deed Book 453, Page 489 and Deed Madison County Deed Book 490,Page 288. Parcel 3 (Sewer Plant): BEING all of that property described in a deed dated 14 June, 2019 from Wolf Laurel POA, Inc., and Wolf Laurel Road Maintenance and Security, HOA, Inc., to Ski The Ridges, LLC, recorded at Madison County Deed Book 671, Page 596. Parcel 4(Adjoining Ski Slope/Mars Hill Watershed): BEING all of that certain 2.68 acre tract of land as shown on that survey for Wolf Laurel Slopes,Inc.,being more particularly described as follows: BEGINNING on a 5/8" rebar, said rebar being at L42 as shown on that plat for the Town of Mars Hill,recorded in Plat Book 4, at Page 781, Madison County Registry, and running thence along the common line of the Town of Mars Hill and Wolf Laurel Slopes, Inc., as described in Deed Book 202,Page 62, Madison County Registry,the following six courses and distances: North 71 deg. 21 min. 12 sec. East 132.12 feet to a'/Z"rebar; North 87 deg. 48 min. 19 sec. East 195.29 feet to a 'A" rebar; South 74 deg. 36 min, 19 sec. East 261.37 feet to a 'A"rebar; South 85 deg. 36 min. 41 sec. East 238.69 feet to a %2" rebar;North 88 deg. 04 min. 17 sec. East 237.86 feet to a 12" rebar in the approximate center of Sarvis Drive; thence continuing North 88 deg. 04 min. 17 sec. East 63.25 feet to a '/2" rebar;thence a new line, South 01 deg. 55 min. 43 sec. East 100.00 feet to a point; thence the following courses and distances: South 88 deg. 04 min. 17 sec. West 294.75 feet to a point; North 85 deg. 36 min. 41 sec. West 265.49 feet to a point;North 74 deg. 36 min. 19 sec. West 255.56 feet to a point; South 87 deg. 48 min. 19 sec. West 165.71 feet to a point; South 71 deg. 21 min. 12 sec. West 99.70 feet to a point; and South 51 deg. 30 min. 44 sec. West 134.39 feet to an iron pin, a corner of Scenic Wolf Development, Phase VI, as shown on the plat recorded in Plat Book 6 at Page 199, Madison County Registry;thence along the line of Scenic Wolf Development,the following three courses and distances: North 12 deg. 51 min. 53 sec. East 53.60 feet to an iron pin; thence North 20 deg. 04 min. 55 sec. East 108.36 feet to an iron pin;and North 22 deg. 29 min. 01 sec. East 18.76 feet to the point and place of BEGINNING, containing 2.68 acres, more or less, It is the intention of this conveyance to cover that part of the Mars Hill Watershed as embraces a 100-foot strip abutting and South of the Bald Mountain Development Corporation property. This conveyance is made SUBJECT TO the following restrictions: That the Grantee maintain a climb-proof, chain-line fence along the southern boundary of the above- described property, and the Grantee shall maintain terraces and diversion ditches where necessary along the above described property to prevent the flow of surface water from the above described tract and adjacent property owned by The Town of Mars Hill onto the municipal watershed of the Town of Mars Hill. AND BEING the same property as described in the deed from The Town of Mars Hill to Wolf Laurel Slopes Inc., recorded June 25, 2021 in Book 723, at Page 613, Madison County Registry. Parcel 5 (Ski Lodge): BEING all that certain tract or parcel of land more particularly described in a deed dated 29 October, 2009 from Ski The Ridges, LLC a North Carolina Limited Liability Company to English Slope Investments, LLC, a North Carolina Limited Liability Company, recorded of record at Madison County Deed Book 490, Page 288, reference being made for a more particular description of the same. Parcel 6 (Vacant Land East of Ski Slope): BEING all of that certain tract or parcel of land more particularly described in a deed dated 13 June, 2007 from Bald Mountain Development Corporation, a TN Corporation to Wolf Ridges Ski & Realty, Inc., a North Carolina Corporation, recorded of record at Madison County Deed Book 432, Page 71, reference being made for a more particular description of the same. Parcel 7 (5 Lots South of Runway): BEING Lots No. 55, 56, 57,45 and 46 as shown and delineated on that map recorded at Madison County Deed Plat Book 5, Pages 642- 644. Parcel 8 (Area South of Lot 57): A parcel of land containing 2.5 acres, more or less, bounded on the North by Lot No. 57 as shown at Map Book 5, Page 643 along the West by Lots 50, 51 and 52 of the same plat, along the East by the lands of Madison County as at Madison CountyDeed Book 618, Page 770 and alongthe North bythe lands describedg now or formerly owned by First Citizens Bank& Trust Company as described at Madison County Deed Book 652, Page 407. And being a portion of PIN 9851842879. Parcel 9 (Land Adjoining South Side of Airstrip): A contiguous tract of land containing 8.0 acres,more or less,bounded on the north by the airport landing strip as described in that deed recorded at Madison County Deed Book 709, Page 414, along the western and southern boundary lines by Lot 16, Lot 21, Lot 32,Lot 31, Lot 30, Lot 29, 28 and Lot 53 as those lots are shown and delineated on Madison County Map Book 5, Page 643 and further bounded along the southern boundary and eastern boundary by the lands owned by Madison County as described at Madison County Deed Book 618, Page 770. EXCEPTING from said 8.0 acre,more or less,tract of land is that tract located on the interior of said tract of land which said tract is shown and delineated on that map recorded at Plat Book 6, Page 618 designated as"Future Development Area" containing 3.00 acres. And being a portion of PIN 9851842879. in of record at Madison And beingaportion of properties appearing Title Reference: p p pp $ County Deed Book 339, Page 748. Parcel 10 (Lots Along Wolf Ridge Road): Tract 1: BEING all of Lots 32, 30,26,25, 24, 23, 22, 21, 66, 65, 64, 60, 59, 58, 57, 56, 54, 11, 10, 48,2 and 1 as shown and delineated in Madison County Plat Book 5,Page 289. Title Reference: And being a portion of the properties appearing of record at Madison County Deed Book 339, Page 748. Tract 2: BEING Lots 115 and 116 as shown on Madison County Plat Book 5, Page 438, LESS that .50 acre tract described at Madison County Deed Book 523, Page 136. Parcel 11 (Lots Adjoining Ski Slope): BEING all of Tract 2, more particularly described in a deed dated 23 September 2010 from B&E Ventures, LLC, a NC Limited Liability Company to English 23 Properties, a NC Limited Liability Company, appearing of record at Madison County Deed Book 505, Page 746, to which reference is made for a more complete description of the same. Parcel 12 (Lots At Airstrip-Acclivity): BEING that certain tract or parcels of land more particularly described in a deed dated 6 January, 2021 from Acclivity Legacy Holdings, LLC, a FL Limited Liability Company to English 23 Properties, LLC, appearing of record at Madison County Deed Book 709, Page 414, reference to which is made for a more complete description of the same. Parcel 13 (Peppers): BEING Lots 101 and 101B- Ridge Top Loop more particularly described in a deed dated 14 March, 2019 from Jeffrey W. Pepper to English 23 Properties, LLC, appearing of record at Madison County Deed Book 667, Page 282, reference to which is made for a more complete description of the same. Parcel 14 (2 Lots On Wolf Ridge Road): BEING Lots 9 and 3 of Madison County Plat Book 5, Page 289 and being a portion of Madison County Deed Book 605, Page 627. Title Reference: See Madison County Deed Book 693, Page 156. Parcel 15 (Lots Along Slope): BEING all of Lots 4, 5 and 6 as is shown on that Plat entitled "Revised Subdivision Plat for Orville English" as is recorded in Madison County, North Carolina Register's Office in Plat Book 5, Page 573,reference to which is hereby made and incorporated for a more particular description of said property. TOGETHER WITH and SUJBECT TO those rights of way and easements as shown on the above referenced Plat and those rights of way, easements and restrictive covenants as recorded in the Madison County,North Carolina Register's Office, reference is hereby made and incorporated herein by reference. AND BEING a portion of that property described in Deed Book 371, at Page 526 of the Madison County,North Carolina Register's Office,reference is hereby made and incorporated by reference. TOGETHER WITH all additional rights,title, and interests conveyed and described in the Deed of Trust recorded in Book 408, Page 180 in the Office of the Register of Deeds, Madison County,North Carolina. This is the same property described in the Deed of Trust recorded in Book 408, at Page180, in the Office of the Register of Deeds of Madison County,North Carolina. Parcel 16 (3 Lots North Of Upper Lodge): BEING all of Lots 64, 65 and 66,Phase Three of Scenic Wolf Mountain Resort as shown on that Plat recorded in Plat Book 5 at Page 320 of the Madison County,NC Register's Office,reference to which is hereby made for a more particular description of said Lots. The above described Lots are conveyed together with and subject to easements and rights of way as shown on the above-referenced Plat and of record in the Madison County, North Carolina Register's Office. The above described Lots are further conveyed together with and subject to certain restrictive covenants of record, including, but not limited to,those recorded of record in Book 345 at Page 583, in the Record Book 363 at Page 407, and any amendments thereto, in the Madison County, NC Register's Office. BEING all of that certain tract or parcel of land Parcel 17 (Scenic Mountain Lots): more particularly described in a deed dated 30 June, 2009 from Breakaway Land Company, LLC, a North Carolina Limited Liability Company to Scenic Mountain, LLC, a North Carolina Limited Liability Company, recorded of record at Madison County i Deed Book 486, Page 232, reference being made for a more particular description of the same. Parcel 18 (Land Around The Pool): BEING that certain tract or parcel of land more particularly described in a deed dated 30 November, 2011 from Heritage Community Bank (as to a 42.71245% undivided interest) and Highlands Union Bank (as to a 57.28755% interest) to Wolf Ridge Investment Properties, LLC, appearing of record at Madison County Deed Book 525, Page 4, reference to which is made for a more complete description of the same. EXCEPTING therefrom are Lots 1-12 shown on Madison County Plat Book 7, Page 363. Parcel 19 (Hanger Area and Oak Hollow): Tract 1: BEING that certain tract or parcel of land more particularly described in a deed dated March 5, 2018 from Richard G. Bussey to Orville English, appearing of record at Madison County Deed Book 650, Page 695, reference to which is made for a more complete description of the same. Tract 2: BEING ALL of those tract or parcels of land identified as Lots Number 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 14, 16, 17, 18, 19, 20, 21, 24, 26 and 28; which said lots are more particularly shown and delineated on a map entitled "Oak Hollow Reserve" and recorded at Madison County Plat Book 5, Page 801; and a tract of land containing approximately 34.32 acres and being those lands containing 63.75 acres more particularly shown and delineated on a plat recorded at Madison County Plat Book 5, Page 540, excepting therefrom all those lots numbered 1 through 22 inclusively, 24, 26, 28, 29 and 30 as shown on a plat recorded at Madison County Plat Book 5, Page 801, together with and subject to all easements, rights of way, covenants and restrictions of record. TITLE REFERENCE: Madison County Deed Book 618, Page 770 and Madison County Deed Book 618, Page 767. Parcel 20 (Pump House): BEING that certain tract or parcel of land more particularly described in a deed dated 23 July, 1998 from Carl W. Cody and wife, Lora Cody to Pioneer Log Home Inc„ appearing of record at Madison County Deed Book 525, Page 4, reference to which is made for a more complete description of the same. Parcel 21 (Air Strip Peaks): BEING that certain tract or parcel of land more particularly described in a deed dated 28 December, 2011 from Peaks Airport Properties, LLC a NC Limited Liability Company to Peaks Airport Properties, LLC, a NC Limited Liability Company, appearing of record at Madison County Deed Book 527, Page 318, reference to which is made for a more complete description of the same. Parcel 22 ( Oak Hollow Lappage): LYING AND BEING in now or former Number 7 Township, Madison County, North Carolina, and being all of the right,title and interest of the Grantors in and to that certain tract of land containing 25.52 acres, more or less, which is more particularly described in a plat of survey entitled"SURVEY FOR ROBERT O. BRANBERG"by Bobby C. McMahan, P,L.S.,McMahan&Associates, P.A. Job No. 79-130, which said plat of survey is dated February 20, 2007, and which said plat of survey is recorded in the Madison County, North Carolina Registry in Plat Book 6, Page 93, reference being hereby made to said plat of survey for a full and complete description of said property;the description of said property as set forth in said plat of survey being incorporated herein by reference the same as if fully set forth herein. Said lands being the same land which is described in the following deeds: deed dated August 30, 1968 from Clay Jenkins and wife, Leakie W. Jenkins to Robert O. Branberg and wife,Donna Jean L. Branberg, which said deed is recorded in the Madison County, North Carolina Registry in Deed Book 99, Page 242; and deed dated June 9, 1969 from Clay Jenkins and wife, Leakie W. Jenkins to Robert O. Branberg and wife, Donna Jean L. Branberg, which said deed is recorded in the Madison County, North Carolina Deed Registry at Deed Book 94, Page 536. The Grantors do not warrant title to the above-referenced Parcel 22 but quitclaim any interest the may have. SUBJECT TO easements, restrictions, encumbrances, rights of way of record and ad valorem taxes. THE below referenced PIN's correlate with each of the above-referenced parcels of land: 9861194266, 9861297065, 9862012705, 9861282255, 9862104970,9862200646, 9861047697, 9861047524, 9861046451, 9851842879, 9851847024, 9851846240, 9851873386, 9851877247, 9851960725, 9851869674, 9851868580,9851868284, 9851960590, 9851962547, 9851963695, 9851962480, 9851961351, 9851954719, 9851955769, 9851957810, 9851958852, 9861050858, 9851968175, 9861060375, 9861 0605 1 0, 9861072043, 9861077406, 9861078670, 9861064045, 9861063169, 9852908296, 9862001223,9862002373, 9862005491, 9862009256, 9862101683, 9862103576, 9862105473, 9862105334, 9862103347, 9862101367, 9862100106, 9862007340, 986200 5244 9862004211, 9862002165, 9862004074, 9862007079, 9861099999, 9862101045, 9862102133, 9862103194, 9862105143, 9862106153, 9862103021, 9861192965, 9861191869, 9861099834, 9861096955, 9861170687, 9861060616, 9861075480, 9861152913, 9861059932, 9861057971, 9861054605, 9861052681, 9861051576, 9861050561, 9851959446, 9851958431, 9851957326, 9851956311, 9851955204, 9851953189, 9851944795, 9851943586, 9851942541, 9851940567, 9851848565, 9851958136, 9851959071, 9862201215, 9862201187, 9862202039, 9861082932, 9861080878, 9861081859, 9861073863, 9851989458, f _ 9851986365, 9851988504, 9861055830,9861058060, 9861049538, 9861150073, 9861048369, 9861141807, 9861048169, 9861140688, 9861049022, 9861140489, 9861132895, 9861142127, 9861143066, 9861135947, 9861138534, 9861136898, 9861231433,9861138788, 9861232937, 9861232526, 9861231872, 9861230936, 9851674352, 9861067271, 9851948221, 9861251351