NCG550542_Owner (Name Change)_20231109

ROY COOPER
Governor j ..
ELIZABETH S, BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
PERMIT NAME/OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
Permit Number:
1. Facility Name:
NEW OWNER/NAM
NC00 / / / /
7Thiesrequest for a name change is a result of:
_a. Change in ownership of property/company
b. Name change only
or NCG56/�a/S,/R/ 2
RECEIVED
NOV 0 8 2023
c. Other (please explain): /NPDES
2. New owner's name (name to be put on permit)
Igs1
3. New owner's or signing official's name and title: oSh C
(Person legally responsible for permit)
f MN
1 �/ (Tit e)
4. Mailing address:T�>l O EL+ �--(� City: ?; S C.�rdSL
State: Zip Code: zo? Old Phone: (8Zo)
E-mail address: A \P.SS �tOc/ 1 Is e 11/w1 l° ifo 1
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]
,12
�i.� '�+� u 1 •� i1m_t ,!� i n�; .'Jt gist n iurl< -uice� .
................................
ISavxrOmnl H tarxwn�ai Que�pf ....

Page 2 of 2
Applicant's Certification:
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.
Signatu e: Date. I'd 2 Z
THE CO LETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617

1981 Everett Rd LLC
1981 EVERETT RD
0573010
COUNTY TAX (100), L R FIRE TAX (100)
Reval Year: 2021 Tax Year2024 SR IS33
relsed 8 14 on 01 O1 202147200 Lille Riser
CARD NO. 1 of 2
5.0000 AC
IN-02 CI- FR
Parcel ID: 9506-98-4354-000
PLAT: / UNIQ ID 47897 SPLIT FROM ID
ID NO: T47100005T 02 MS.00
SRC= Inspection
EX- ATLASTAC71ON 20230307
E
A
TO
MARKET
Foundation 3
11 E MOD Eff. Area >BASERATF RCN EYS :AYB rvoRM 0.21000 CREDENCE
Continuous Footing5.00
Sub Floor System 4
PI wood 9.00
Ol OS1 2,224 1 150 1 128.00
TYPE: SINGLE FAMILY RESIDENTIAL
STYLE: 1 - 1.0 Story
2'
9x'
*, u.
;'
6,
12..
sw'wDd
w
it
GAS
jy
28967; 2000 199012
SINGLE FAMILY
4-
1'
1174
111 FOP
17
17
/4
14 Tao
2�1
,t' -- 21
9 2a
79.0
DEPR.
RESIDENTIAL DEPR.
MARKET
TOTAL
TOTAL
TOTAL
TOTAL
BUILDING
OB%F
LAND
PRESENTUSEVALUE
DEFERRED
TOTAL
00106
1060C
00069
00402
00355
00341
00314
[11,111UC9011,,13,111
BUILDING VALUE - CARD 228,840
OB F VALUE - CARD 2,920
LAND VALUE -CARD 9 4,500
TOTAL MARKET VALUE - CARD 326,260
Exterior Was 7
edar or Redwood Siding 32.00
Roofing Structure 03
Gable 8.00
APPRAISED VALUE - CARD 326,260
APPRAISED VALUE - PARCEL 483,030
Rooting Cover 12
Mad Metal Metal 5.00
nterlor Wall Consbuctbn 5
Dr wall Sheetrot1 29.00
TAIL PRESENT USE VALUE -LAND
VALUE DEFERRED - PARCEL
TAXABLE VALUE - PARCEL
0
0
483.030
Interior Wall Construction 6
Custom Interior 0.00
PRIORAPPRAISAL IPERMIT
me 1Floor Cover 14
0.00
VALUE 381,160
VALUE 3,310
VALUE 72,500
0
VALUE 01 ROUT:
VALUE 457 430
ODE DATE NO.
et
Interior Floor Cover 12
Hardwood 10.00
Hating Fuel 04
El
242WTRSHD:
Heating TIP, 10
Heat Pu 4.00
SALES
DATA
Air Conditioning Type 03
entral 4.00
FF. RECORD
O
DATE
M. R
DEED
€.
V T
INDICATE
SALES P CE
B.d7nLS/Bathrooms/Half-Bathrooms
2 0 11.000
00034
5
12
2022
WD' Q
I
825.000
8ed rooms
BAS - 2 FUS - 0 LL - 0
0321
12
2020
DC E
0118
9
2001
WD
Bathrooms
- 2 FUS - 0 LL- 0
0692
6
1996
WDBAS
0036
9
1992WD
=1�12
Half -Bathrooms
BAS-OFUS-OLL-O
0148
7
1991WD
U
0138
2
1989WD
U
ce
BAS-OFUS-OLL-O 0
HEATED AREA 1.965
TOTAL POINT VALUE 118.000
18-111
2929,03135,04101
BUILDING ADJUSTMENTS
uahty
4
Above
1.20
Nape/Design
3
BE
S IRR
1.10
1
ize
Size
Slze
1 1.03
TOTAL ADJUSTMENT FACTOR 1.360
TOTALQUAL17Y IN DE% 160
SUBAREA
EA
C
DESCRIPTION
COUNT LTH
T.
UNITS
UNIT PRICE
ORIG Wo
COND
BLOG#
--
AYB
EY6
DE Et
SCN
OVR
%COND
OB/XF DEER.
yp;UE
TYPE
GS AREA
0.PL CS
BAS
1 263
100
161664
j7d
STORAGE
SHELTER
SHELTER
12
10
10
24
24
24
288
240
240
19.00
3.85
3.85
100.00
0.00
0.00
1
1
1
0.00
0.00
0.00
1991
1991
1991
1999
1995
199S
30
53
S3
46
2517
203
203
FEP
702
070
62848
EGO
528
045
30464
FOP
254
035
11392
TOTAL
OB F VALUE
29-3
DO
715
020
18304
FIREPLACE 3 - 1 Stury 5,D00
a
SUBAREA
3, 462 289,672
TOTALS
BLOG DIMENSIONS. FGD=W22S24E22N24A-'S28;BAS=S22E12SSE23N9E21
18.OBOnCurve 9054E7S4W11N8W39N12E8N6W8N12E12S18E20Area.7=".TotalA-3462.82
N18W17W30W9Aren:1263; FOP= W21S4E21N4Arae:84;FEP-S18W39N18E39Arae: 702;1OP=E 174 10W17S10Area:170;WDD=SE8�47.49-
LAND INFORMATION
HIGHEST AND BEST USE
USE CODE
LOCAL
20NING
FRONTAGE
DEPTH
EPTH)
SIZE
ENO
MOD
CON D
FACT
OTHER ADJ/NOTES
RF AC LC TO OT
ROAD
TYPE
LAND UTI IT
PRICE
TOTAL LAND
UNITS
UNIT
TYPE
TOTAL
ADJST
ADJUSTED
UNIT PRICE
LAND VALUE
OVE#RIDE
VALUE
LAND NOTES
RURAL AC 0120
0
,.
1.4SJ0
4
1.3000
+00 +00 +00 100 +30
RP
_C 000.00
5.000
AC 1
L890
18,900.00
94500
0
TOTAL MARKET LAND DATA
5
94500
OTRL PRESENT US£DATR..
506-98-4354-000 (2334110) Gro - p:O
11/2/ 2023 4'.18-.02 PM.

A6HENDERSON COUNTY TAX COLLECTOR
200 N Grove St Suite 66
Hendersonville, NC 28792-5027
rhttp://hendersoncountync.govltax
Illllllllllllifllllfllllllllllllllllllll IIIIII
000049266220232023000000
Bill Information
Bill Number 492662
'Il"'1'1'11I'I1111111'1'1II111IIIIII��I11�11�11�11��1
T186 P2*********************AUTO**5-DIGIT28712
##-0001-##-54370-70774-70774-54370
BROCK, JOSHUA HUDSON
1110 BROCK, JESSICA EMILY
1981 EVERETT RD
PISGAH FOREST NC 28768-8923
PROPERTY DESCRIPTION & VALUE
Property Description
Physical Address
Acreage
Parcel Number
SR1880 ON BARNETT S/
103 BARNETT ST EAST FLAT ROCK NC 28726
0.51
115485
BILL LINE ITEMS
Value Description Value Description
$297,400 SR1880 ON BARNETT S/
PAYMENT OPTIONS
➢ Pay in person at the Tax Collector's Office, Ground Floor, Henderson County
Courthouse, 200 N Grove Street, Ste. 66, Hendersonville, NC 28792.
(8:30 a.m. - 5:00 p.m., M-F)
➢ Mail a check or Money Order payable to the Henderson County Tax Collector at
the address indicated above
➢ Deposit a check in the Tax Bill Drop Box located in the North parking lot of the
Courthouse located at 200 N Grove Street. PLEASE DO NOT DEPOSIT CASH
➢ Pay by Debit Card, Credit Card or eCheck. A convenience fee will be charged by
our vendor. (See reverse for details.)
➢ For Payment Arrangement options please call [phone].
1-62948
2023 PROPERTY TAX BILL
Tax Year 2023 Year For 2023
Bill Date
08/21/2023
Billing Type 0000-00
Due Date -",'Day to Pay
::o Avoid Interest
09/01/2023 01/05/2024
Pay or. or before interest charges. interest is added on the first day of each
month and accrues at the rate of 2% for the first month (January) and .75% for each month
;hereafter.
If your property tax is escrowed and paid by your mortgage provider, this information is made
available to your mortgage provider. This bill is for your records. To confirm payment of your
tax, check with your mortgage provider or visit Henderson County's website at
https://bcpwa.ncptscioud.com/hendersontax/.
Real Property Value
Deferred Value
Excluded Value
Exempted Value
Personal Property Value
TOTAL TAXABLE VALUE
Jurisdiction
HENDERSON COUNTY TAX
BLUE RIDGE FIRE TAX
TOTAL TAX DUE
HENDERSON COUNTY PROPERTY TAX BREAKDOWN
$297,400
$0
$0
$0
$0
$297,400
Rate Amount Due
0.431 $1,281.79
0.130 $386.62
$1,668.41
➢Where do your Henderson County Property Tax Dollars go?
➢The Henderson County Tax portion of the total tax bill is used to fund
operations for County Government, Henderson County Public Schools, and
Blue Ridge Community College.
➢On a bill where the amount due for Henderson County Tax is $1,000.00:
o $473.25 funds County Government Operations
o $414.87 funds Henderson County Public Schools
- $333.93 for operational expenses and $80.94 for capital
o $111.88 funds Blue Ridge Community College
PAYM ENT STU S
Please detach and return this stub with your payment. Do not send cash. Use Bill Number for all payment references.
Bill Number - 492662 Tax Year 2023
Year For 2023 Billing Type 0000-00
If your mailing address has changed, please
note your new address on the reverse, and parcel Number Bill Date Due Date
check this box
`as J'y t` Pap Total Tax Due
to Avoid Interest
115485 08/21/2023 09/01/2023
01/05/2024 $1,668.41
Remit Payment To:
000049266220232023000000
Henderson County Tax Collector
200 N Grove St Suite 66
BROCK, JOSHUA HUDSON
Hendersonville NC 28792-5027
BROCK, JESSICA EMILY
1981 EVERETT RD
PISGAH FOREST NC 28768-8923
1-62948
0000166841?20232023000000004926629

Book 1062 Page 345
2022007434
TRANSYLVANIA COUNTY NC FEE $26.00
STATE OF NC REAL ESTATE EXTX
$1650.00
PRESENTED & RECORDED
12/01/2022 04:19:51 PM
BETH C LANDRETH
REGISTER OF DEEDS
BY: KARIN SMITH
ASSISTANT
BK: DOC 1062
PG: 345 - 353
Prepared By: The Airey Law Firm, PLLC
23 S. Broad Street, Suite 207, Brevard, North Carolina 28712
Return to: The Van Winkle Law Firm
422 South Main Street, Hendersonville, North Carolina 28792
Brief Description for Index: 5 Acres +/-, Everett Road
Excise Tax Due:
Parcel ID #:
$1,650.00
9506-98-4354-000
No Title Examination was Requested or Performed by The Airey Law Firm, PLLC
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this _L8 day of November, 2022, by and between,
Larry Benton Black, Individually, and as Executor of the Estate of Rita Mae Gingrich Black,
(Transylvania County Estate File 21E40), together with wife, Cher Lynn Black,
and Larry Benton Black and Corey M. Black, as Co -Trustees of
the Larry and Rita Black Living Trust UAD 9/15/2020.
whose address is 406 Fall Drive, Kyle, TX 78640
(hereinafter whether one or more the "Grantor");
AND
1981 Everett Rd, LLC, a North Carolina limited liability company
whose address is 1981 Everett Road, Pisgah Forest, NC 28768
(hereinafter whether one or more the "Grantee")
Submitted electronically by "van winkle Law Firm"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Transylvania county Register of Deeds.

Prepared By: The Airey Law Firm, PLLC
23 S. Broad Street, Suite 207, Brevard, North Carolina 28712
Return to: The Van Winkle Law Firm
422 South Main Street, Hendersonville, North Carolina 28792
Brief Description for h-idex: 5 Acres +/-, Everett Road
Excise Tax Due: $1,650.00
Parcel ID #: 9506-98-4354-000
No Title Examination was Requested or Performed by The Airey Law Finn, PLLC
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this 18 day of November, 2022, by and between,
Larry Benton Black, Individually, and as Executor of the Estate of Rita Mae Gingrich Black,
(Transylvania County Estate File 21E40), together with wife, Cher Lynn Black,
and Larry Benton Black and Corey M. Black, as Co -Trustees of
the Larry and Rita Black Living Trust UAD 9/15/2020.
whose address is 406 Fall Drive, Kyle, TX 78640
(hereinafter whether one or more the "Grantor");
AND
1981 Everett Rd, LLC, a North Carolina limited liability company
whose address is 1981 Everett Road, Pisgah Forest, NC 28768
(hereinafter whether one or more the "Grantee")

WITNESSETH, that the Grantor, for valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, have and by these presents do, subject to any conditions set
forth below, grant, bargain, sell and convey unto the Grantee, its heirs, successors and assigns,
in fee simple, all that certain tract(s) or parcel(s) of land lying, being and situate in
TRANSYLVANIA County, North Carolina; and being more particularly described as follows
(intending to and including all appurtenances thereto):
All that certain piece, parcel or tot of land, with all improvements thereon, lying and
being situate in the State of North Carolina, County of Transylvania, being more
particularly described at Exhibit A, which is attached hereto and incorporated herein by
reference.
Subject to and together with any and all rights of way, easements, restrictions, covenants
and other matters of record or appearing upon the premises.
This being the identical property conveyed unto the Grantor by deed of Samuel Glen
and Janis Glen as recorded on September 21, 2001, at Deed Book 69, Page 118, records of
the Register of Deeds Office for Transylvania County, North Carolina.
See Exhibit "B" for Certificate of Trust
TO HAVE AND TO HOLD the property described herein above, with every privilege and
appurtenance thereto belonging to the Grantee, its heirs, successors and assigns, in fee simple.
The Grantor covenants with the Grantee, its heirs, successors and assigns, that they are the
owners of and are seized of the premises in fee simple; that they have a good right to convey the
same in fee simple; that title is marketable and free and clear of all liens and encumbrances,
except for those otherwise set forth herein, appearing of record or shown upon the premises;
and, that they will forever warrant and defend the title thereto against the claims of all persons
whomsoever.
The designation Grantor or Grantee as used herein shall include the above described parties
given such title and their respective heirs, successors, and assigns, and shall include the
singular, plural, masculine, feminine or neuter as required by context.

IN WITNESS WHEREOF, the said Grantor has hereunto set their hand and seal, or if corporate
or other legal entity, has caused this instrument to be signed in its corporate or legal name by its
duly authorized officer(s) or representative(s) under the authority of its Board of Directors or its
relevant govenling body, the day and year first above written.
(SEAL)
Larry BLton Black, Individually, and as Executor of the
Estate of Rita Mae Gingrich Black (Transylvania County
Estate File 21E40)
4k-'Xq�Ct C%�-` t✓(SEAL)
Cher Bla
ACKNOWLEDGMENT
STATE OF�1
COUNTY OF �<<\,4 �
I, a Notary Public of the County and State aforesaid, certify that Larry Benton Black,
Individually and as Executor of the Estate of Rita Mae Gingrich Black (Transylvania County
Estate File 21E40), and Cher Lynn Black, Grantor, personally appeared before me this day and
acknowledged the execution of the foregoing instrument. Witness my hand and official stamp
or seal, this theZPl day of November, 2022.
� a lic
�tt%%11111#110',
SA L D,Q •, My Commission Expires: 2 j Z° Z
ftb
�� o�P� ��� • `(SEAL OR STAMP)
� :2ST t�a�•C:
i • O q (� 9) c1r
"W11

The Larry and Rita Black Living Trust UAD 9/15/2020
--� (SEAL)
arty enton Black, Co Trustee
ACKNOWLEDGMENT
STATE OF
COUNTY OF r l Z-IYJ
I, a Notary Public of the County and State aforesaid, certify that Larry Benton Black, Co -Trustee
of the Larry and Rita Black Living Trust UAD 9/15/2020, Grantor, personally appeared before
me this day and acknowledged the execution of the foregoing instrument. Witness my hand
and official stamp or seal, this the ZS4^ day of November, 2022.
'% L2�9,
?A Dq� 0�i� Notary lic
My Commission Expires: Z/ 1-7 / a�= 2-
4-
(SEAL OR STAMP)

The Larry and Rita Black Living Trust UAD 9/15/2020
�71kl� L4--(SEAL)
Corey M. Black, Co Trustee
ACKNOWLEDGMENT
STATE OF i4L•
COUNTY OF
I, a Notary Public of the County and State aforesaid, certify that Corey M. Black, Co -Trustee of
the Larry and Rita Black Living Trust UAD 9/15/2020, Grantor, personally appeared before me
this day and acknowledged the execution of the foregoing instrument. Witness my hand and
official stamp or seal, this the 2 8 day of November, 2022.
Notary Public
My Commission Expires: m ^7 - o Y- a Y
(SEAL OR STAMP)
c;1-1,11B. AIIF, 71_Y
i; ZY P U B L i C
Tr2' sS\, . _. is C unty
104/2024

0� ��il A-
BEGI`NING at a point in the center of LN-erette Road which said point marks
the Southeastern corner of that property conveyed by John B. Richard and
wife to Thomas F. Welch, as same is recorded in Deed Book 265, Page 330;
running thence with the centerline of said Everette Road South 69 deg.
49 min. 36 sec. East 179.85 feet to a stakes; thence with the Western line of
that property conveyed by John B. Richard and wife to James R. CWe and wife
at Deed Book 293, Page 414 in the Transylvania County Registry Lhe following
three (3) courses arc' distances to -wit: Worth 26 deg. 02 min. 26 sec. East
passing an iron pipe at 27.85 feet a total distance of 643.07 feet to an
iron pike; and North 42 deg. 32 min. 16 sec. East 278.11 feet to an iron
pipe; and North 5 deg. 39 min. 03 sec. %ast 330.46 feet to an iron pipe;
thence South 88 deg. 32 min. 59 sec. West passing an iron pipe at 167.49
feet a total distance of 180.28 feet to a point in the center of a ditch;
thence with tre centerline of said ditch and with the Welch line South 5
deg. 40 min. 51 sec. West 247.93 feet to a stake; thence continuing with the
Welch's lire South 42 deg. 33 min. 03 sec. West 243.95 feet to an iron pipe;
thence South 26 deg. 01 min. 14 sec. West 688.32 feet to the BEGINNING.
Containing five (5) acres according to a survey by Terry C. Baker, RLS,
dated October 23, 1989. Being a portion of that property conveyed to John
B. Richard and wife by deed recorded in Deed Book 259, Page 521 in the
Transylvania County Registry.
This conveyance of the above mentioned tract of lard is made subject to the
following restrictive covenants and conditions:
1. Any fencing installed on the above described tract which faces an
existing road or road right of way mist be constructed of wood.
2. Any dwelling constructed on the above described tract mist contain a
minimum of 1,C00 square feet of floor space.
3. Any outbuilding, storage building or other building constructed on said
dwelling tract for use other than a must be constructed of durable materials
in such a manner as to make it a permanent improvement, and must be
reasonably attractive.
4. This tract may be sub -divided if and only if said subdivision creates
tracts of five (5) acres or more in area. No tract having ar, original area
of less than 10 acres may be subdivided.
5. The above described tract may not be used for marercial pig, chicken or
dairy farming.
6. No trailers or mobile Fares may be installed, parked, or erected on this
tract for use as either dwellings or outbuildings. This covenant shall not
be construed to prohibit the temporary storage or parking of camping or
travel trailers.
These covenants are intended to run with the land, are imposed thereon as
part of a canon scheme or plan of develop ant, and shall be enforceable by
suit at law or in equity by the developer, his or their heirs, successors,
and assigns.
Being the same property described in Csed Book 4t< , Page 592 in the
Transylvania County Registry.

EXHIBIT B
STATE OF NORTH CAROLINA )
CERTIFICATE OF TRUST
COUNTY OF TRANSYLVANIA )
Pursuant to North Carolina General Statute 36C-10-1013, Larry Benton Black and Corey M. Black, Co -
Trustees of the Larry and Rita Black Living Trust U/A/D 09/15/2020, does hereby make the following
representations and assurances:
1. The Settlors of the Trust Agreement are: Larry Black and Rita Black
2. The current Trustees of the Trust Agreement are: Larry Benton Black and Corey M. Black
3. The current address of the Trustee is: 406 Falls Drive
Kyle, TX 78640
4. The Trust is irrevocable.
5. The Trust Agreement authorizes the Trustees to sign this Certificate.
6. The Trust Agreement authorizes the Trustees to sell real estate and any other property held in the
Trust Agreement.
7. There have been no revocations, modifications or amendments of the Trust Agreement which would
cause the representations made herein to be incorrect.
8. The Trustees signing below may act on its own to affect the sale of any real estate or the ownership,
control or disposition of any other property held under the Trust Agreement and no other party's
signature, or consent is required for any such action.
The Trustees sets forth their hand and seal this day of November 2022, in
accordance and affirmation of the foregoing.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE AND NOTARY BLOCKS TO FOLLOW

The Larry and Rita Black Living Trust U/A/D 9/15/2020
G� (SEAL)
By: Larry Benton Black
Its: Co -Trustee
STATE OF
COUNTY OF
I, a Notary Public of the County and State aforesaid, certify that Larry Benton Black, Co -Trustee of the
Larry and Rita Black Living Trust U/A/D 9/15/2020 personally appeared before me this day and
acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the
2-X day of November 2022.
(SEAL OR STAMP)
IiI#I#11
`♦♦� O\.E S A
♦ • '� ��
� G '•FAY•PUB • � i
* •
ILO •
Sj }Q
O o-'OOF C'V
STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
Notary Signahre)
Notary P is for the S fr— o�Xe+5
My Commission Expires: L / 1-7) '�-o 2-(.,,-
The Larry and Rita Black Living Trust U/A/D 9/15/2020
By: Corey M. Black
Its: Co -Trustee
(SEAL)
I, a Notary Public of the County and State aforesaid, certify that Corey M. Black, Co -Trustee of the
Larry and Rita Black Living Trust U/A/D 9/15/2020 personally appeared before me this day and
acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the
day of November 2022.
(SEAL OR STAMP)
Notary Public for the
My Commission Expires:
(Notary Signature)

The Larry and Rita Black Living Trust U/A/D 9/15/2020
By: Larry Benton Black
Its: Co -Trustee
STATE OF_
COUNTY OF
(SEAL)
I, a Notary Public of the County and State aforesaid, certify that Larry Benton Black, Co -Trustee of the
Larry and Rita Black Living Trust U/A/D 9/15/2020 personally appeared before me this day and
acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the
day of November 2022.
(SEAL OR STAMP)
STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
(Notary Signature)
Notary Public for the
My Commission Expires:
The Larry and Rita Bla7jng Trust U/A/D 9/15/2020
(SEAL)
By: Corey M. Black
Its: Co -Trustee
I, a Notary Public of the County and State aforesaid, certify that Corey M. Black, Co -Trustee of the
Larry and Rita Black Living Trust U/A/D 9/15/2020 personally appeared before me this day and
acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the
day of November 2022.
otary Signature)
(SEAL OR STAMP) ary Public for the Coo
My Commission Expires:
'04! 2024

This document prepared by:
Phyllicia Moore
8800 Tinicum Boulevard
Philadelphia, PA 19153
Upon recordation return to:
PNC Bank, National Association
500 First Avenue - 3rd Floor
Pittsburgh, PA 15219
Mailstop P7-PFSC-03-2
Deed of Trust and Assignment
(Securing Future Advances)
COLLATERAL IS OR INCLUDES FIXTURES
PNC
(This Document Serves as a Fixture Filing under Section 9-502 of the North Carolina
Uniform Commercial Code and is to be filed in the real property records.)
Grantor's Organizational Identification Number: 2502863
THIS DEED OF TRUST AND ASSIGNMENT (this "Deed of Trust") is made as
of December 1, 2022, by and between 1981 EVERETT RD LLC, a North Carolina
limited liability company (the "Grantor"), with an address at 103 Barnett Street, East Flat
Rock, North Carolina 28726-2917 and CB SERVICES CORP. (the "Trustee"), with an address
at 555 Main Street, Norfolk, Virginia 23510, for the benefit of PNC BANK, NATIONAL
ASSOCIATION, a national banking association (the "Bank"), with an address at 222
Delaware Avenue, Wilmington, DE 19801, ATTN: Business Banking, as beneficiary of this
Deed of Trust.
Form 12A - NC Rev. 9/22

WHEREAS, the Grantor is the owner of a certain tract or parcel of land described in
Exhibit A attached hereto and made a part hereof, together with the improvements now or
hereafter erected thereon;
WHEREAS, the Grantor has borrowed from the Bank, is providing a guaranty of one or
more borrowings from the Bank, or is otherwise executing and delivering this Deed of Trust as
collateral security for one or more borrowings from the Bank, in an amount not to exceed SIX
HUNDRED SIXTY THOUSAND AND 00/100 DOLLARS ($660,000.00) (the "Loan"),
which Loan is evidenced by one or more promissory notes in favor of the Bank (as the same may
be amended, supplemented or replaced from time to time, the "Note"). The Loan may also be
governed by the terms and conditions of a letter agreement or loan agreement dated on or before
the date of this Deed of Trust (as the same may be amended, supplemented or replaced from time
to time, the "Agreement"); and
WHEREAS, the Grantor and the Bank have entered into, are entering into, or may enter
into from time to time after the date hereof, or the Grantor has provided, is providing or may
provide from time to time a guaranty of, or collateral security for, one or more interest rate swaps,
caps, collars, options or other interest rate protection transactions, one or more foreign exchange
transactions, including spots, forwards, options or other similar transactions providing for the
purchase of one currency in exchange for the sale of another currency, total return swaps,
commodity swaps, commodity options, and/or any other transaction that is similar to any of the
transactions referred to above and which is a forward, swap, future, option or other derivative on
one or more rates, currencies, commodities, debt securities or other debt instruments
(collectively, the "Transactions"), the termination of which could produce payments owing to
the Bank, pursuant to an ISDA Master Agreement or other similar agreement (as the same may be
amended, supplemented or replaced from time to time, the "Master Agreement') (the
obligations owing to the Bank under the Master Agreement, as supplemented by the Transactions,
being herein called the "Hedge Obligations");
NOW, THEREFORE, for the purpose of securing the payment and performance of the
following obligations (collectively called the "Obligations"):
(A) The Loan, the Note, the Agreement, the Hedge Obligations, and all other loans,
advances, debts, liabilities, obligations, covenants and duties owing by the Grantor or any other
obligor or guarantor of any of the Obligations to the Bank, whether direct or indirect, absolute or
contingent, joint or several, due or to become due, now existing or hereafter arising in connection
with the Loan, the Note, the Agreement or the Hedge Obligations;
(B) All other loans, advances, debts, liabilities, obligations, covenants and duties
owing by the Grantor or any other obligor or guarantor of any of the Obligations of any kind or
nature, present or future (including any interest accruing thereon after maturity, or after the filing
of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like
proceeding relating to the Grantor or any other obligor or guarantor of any of the Obligations,
whether or not a claim for post -filing or post -petition interest is allowed in such proceeding),
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Form 12A - NC Rev. 9/22

whether direct or indirect (including those acquired by assignment or participation), absolute or
contingent, joint or several, due or to become due, now existing or hereafter arising, whether or
not (i) evidenced by any note, guaranty or other instrument, (ii) arising under any agreement,
instrument or document, (iii) for the payment of money, (iv) arising by reason of an extension of
credit, opening of a letter of credit, loan or guarantee; provided, however, that the Obligations
shall not include any liabilities or obligations arising under any (a) commercial card products
issued by the Bank to the Grantor or any other obligor or guarantor of any of the Obligations, or
(b) Excluded Obligations. For purposes of this section, "Excluded Obligations" means any
liabilities or obligations arising under (i) consumer credit products used for individual, family or
household purposes, and/or (ii) terms of definitive transaction documents which specifically
disclaim liens on real property as security for such Excluded Obligations;
(C) All debts, liabilities and obligations of the Grantor or any other obligor or
guarantor of any of the Obligations which arise out of overdrafts on deposit or other accounts or
out of electronic funds transfers (whether by wire transfer or through automated clearing houses
or otherwise) or out of the return unpaid of, or other failure of the Bank to receive final payment
for, any check, item, instrument, payment order or other deposit or credit to a deposit or other
account, or out of the Bank's non -receipt of or inability to collect funds or otherwise not being
made whole in connection with depository or other similar arrangements;
(D) Any amendments, extensions, renewals and increases of or to any of the
foregoing, and all costs and expenses of the Bank and/or the Trustee incurred in the
documentation, negotiation, modification, enforcement, collection and otherwise in connection
with any of the foregoing, including reasonable attorneys' fees and expenses; and
(E) Any sums advanced by the Bank or which may otherwise become due pursuant to
the provisions of the Note, the Agreement, the Master Agreement, this Deed of Trust or any
other document or instrument at any time delivered to the Bank to evidence or secure any of the
Obligations or which otherwise relate to any of the Obligations (as each of the same may be
amended, supplemented or replaced from time to time, collectively, the "Loan Documents").
The Grantor, for good and valuable consideration, receipt of which is hereby
acknowledged, and intending to be legally bound hereby, does hereby give, grant, bargain, sell,
convey, assign, transfer, hypothecate, pledge, set over and confirm unto the Trustee, in trust with
power of sale and the right of entry and possession, forever, all of the Grantor's right, title,
estate, claim and interest in the following described property, all accessions and additions
thereto, all substitutions therefor and replacements and proceeds thereof, and all reversions and
remainders of such property now owned or held or hereafter acquired (collectively, the
"Property"), to wit:
(a) All of the Grantor's estate in the premises described in Exhibit A, together
with all of the easements, rights of way, privileges, liberties, hereditaments, gores, streets, alleys,
passages, ways, waters, watercourses, air rights, oil rights, gas rights, mineral rights and all other
rights and appurtenances thereunto belonging or appertaining, and all of the Grantor's estate,
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Form 12A — NC Rev. 9/22

right, title, interest, claim and demand therein and in the public streets and ways adjacent thereto,
either in law or in equity (the "Land");
(b) All the buildings, structures and improvements of every kind and
description now or hereafter erected or placed on the Land, and all facilities, fixtures, machinery,
apparatus, appliances, installations, equipment and other goods, which in each case have become
so related to the Land that an interest in them arises under real property law, including all
building materials to be incorporated into such buildings, all electrical equipment necessary for
the operation of such buildings and heating, air conditioning and plumbing equipment now or
hereafter attached to, appurtenant to, located in or used in connection with those buildings,
structures or other improvements (the "Improvements");
(c) All of the Grantor's right, title and interest in and to all agreements, plans,
franchises, management agreements, approvals (whether issued by a governmental authority or
otherwise) and other documentation or written or recorded work product required for or in any
way related to the development, construction, renovation, use, occupancy or ownership of the
Improvements, if any, whether now existing or hereafter arising (the "Development
Documents"), including all (i) plans, specifications and other design work for buildings and
utilities, (ii) architect's agreements and construction contracts and warranties, (iii) environmental
reports, surveys and other engineering work product, (iv) permits and licenses and
(v) agreements of sale, purchase options and agreements for easements and rights of way
benefiting the Land, and the Grantor further covenants and agrees to execute and deliver to the
Trustee or Bank, on demand, such additional assignments and instruments as the Bank may
require to implement, confirm, maintain or continue any grant or assignment of rights in the
Development Documents;
(d) All rents, income, issues and profits arising or issuing from the Land and
the Improvements and advantages and claims against guarantors of any Leases (defined below)
(the "Rents") including the Rents arising or issuing from all leases (including, without
limitation, oil and gas leases), licenses, subleases or any other use or occupancy agreement now
or hereafter entered into covering all or any part of the Land and Improvements (the "Leases"),
all of which Leases and Rents are hereby assigned to the Bank by the Grantor. The foregoing
assignment shall include all fees, charges, accounts or other payments for the use or occupancy
of rooms and other public facilities in hotels, motels, or other lodging properties, and all cash or
securities deposited under Leases to secure performance of lessees of their obligations
thereunder, whether such cash or securities are to be held until the expiration of the terms of such
leases or applied to one or more installments of rent coming due prior to the expiration of such
terms. The foregoing assignment extends to Rents arising both before and after the
commencement by or against the Grantor of any case or proceeding under any Federal or State
bankruptcy, insolvency or similar law, and is intended as an absolute assignment and not merely
the granting of a security interest. The Grantor, however, shall have a license to collect, retain
and use the Rents so long as no Event of Default shall have occurred and be continuing or shall
exist. The Grantor will execute and deliver to the Bank, on demand, such additional assignments
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Form 12A — NC Rev. 9/22

and instruments as the Bank may require to implement, confirm, maintain and continue the
assignment of Rents hereunder; and
(e) All proceeds of the conversion, voluntary or involuntary, of any of the
foregoing into cash or liquidated claims.
TO HAVE AND TO HOLD the Property and all other interests described above unto the
Trustee; BUT IN TRUST, NEVERTHELESS to secure to the Bank and the Trustee for the
benefit of the Bank the payment and performance by the Grantor and any other obligor or
guarantor of any of the Obligations of all of the Obligations; PROVIDED, HOWEVER, that
until the occurrence of an Event of Default, the Grantor shall have the sole right to remain in
peaceful possession of the Property; PROVIDED, FURTHER HOWEVER, that if the Grantor
and any other obligor or guarantor of any of the Obligations shall pay, perform and satisfy in full
all of the Obligations, then, in such case, the estate, right, title and interest of the Trustee and the
Bank in the Property shall cease, and upon proof to the satisfaction of the Bank that the
Obligations have been paid, performed and satisfied in full, the Bank shall, at the Grantor's
expense, deliver to the Grantor an instrument in recordable form releasing this Deed of Trust;
subject, however, to the survival of certain rights and benefits in accordance with Section 28
(Survival: Successors and Assigns) hereof.
AND the Grantor covenants and agrees with and represents to the Bank as follows:
This Deed of Trust is given wholly or partly to secure any future obligations and
additional loans as well as any and all present or future advances and readvances under the
Obligations made by the Bank to or for the benefit of the Grantor or the Property, to the fullest
extent permitted by applicable law, including, without limitation: (a) principal, interest, late
charges, fees and other amounts due under the Obligations or this Deed of Trust; (b) all advances
by the Bank to the Grantor or any other person to pay costs of erection, construction, alteration,
repair, restoration, maintenance and completion of any improvements on the Property; (c) all
advances made or costs incurred by the Bank for the payment of real estate taxes, assessments or
other governmental charges, maintenance charges, insurance premiums, appraisal charges,
environmental inspection, audit, testing or compliance costs, and costs incurred by the Bank for
the enforcement and protection of the Property or the lien of this Deed of Trust; (d) all legal fees,
costs and other expenses incurred by the Bank by reason of any default or otherwise in
connection with the Obligations; and (e) as otherwise permitted pursuant to Article 7 of Chapter
45 of the North Carolina General Statutes. The maximum principal amount which may be
secured hereby at any one time shall not exceed $1,320,000.00. The time period within which
such future Obligations may be incurred and such future advances may be made shall not extend
for more than thirty (30) years from the date of this Deed of Trust.
The Grantor agrees that if, at any time during the term of this Deed of Trust or following
a foreclosure hereof (whether before or after the entry of a final account of foreclosure), the
Grantor fails to perform or observe any covenant or obligation under this Deed of Trust
including, without limitation, payment of any of the foregoing, the Bank may (but shall not be
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Form 12A - NC Rev. 9/22

obligated to) take such steps as are reasonably necessary to remedy any such nonperformance or
nonobservance and provide payment thereof. All amounts advanced by the Bank shall be added
to the amount secured by this Deed of Trust and the other Loan Documents (and, if advanced
after the entry of a final account of foreclosure, by such judgment of foreclosure), and shall be
due and payable on demand, together with interest at the Default Rate (as defined in the Note),
such interest to be calculated from the date of such advance to the date of repayment thereof.
1. Representations and Warranties. The Grantor represents and warrants to the
Trustee and the Bank that (i) the Grantor has good and marketable title to an estate in fee simple
absolute in the Land and Improvements and has all right, title and interest in all other property
constituting a part of the Property, in each case free and clear of all liens and encumbrances,
except as may otherwise be set forth on an Exhibit B hereto and (ii) the Grantor's name,
organizational information and address are true and complete as set forth in the heading of this
Deed of Trust. This Deed of Trust is a valid and enforceable first lien on the Property (except as
set forth on Exhibit B hereto), and the Bank shall, subject to the Grantor's right of possession
prior to an Event of Default, quietly enjoy and possess the Property. The Grantor shall preserve
such title as it warrants herein and the validity and priority of the lien hereof and shall forever
warrant and defend the same to the Trustee and the Bank against the claims of all persons.
2. Affirmative Covenants. Until all of the Obligations shall have been fully paid,
satisfied and discharged the Grantor shall:
(a) Legal Requirements. Promptly comply with and conform to all present
and future laws, statutes, codes, ordinances, orders and regulations and all covenants, restrictions
and conditions which may be applicable to the Grantor or to any of the Property (the "Legal
Requirements").
(b) Impositions. Before interest or penalties are due thereon and otherwise
when due, the Grantor shall pay all taxes of every kind and nature, all charges for any easement
or agreement maintained for the benefit of any of the Property, all general and special
assessments (including any condominium or planned unit development assessments, if any),
levies, permits, inspection and license fees, all water and sewer rents and charges, and all other
charges and liens, whether of a like or different nature, imposed upon or assessed against the
Grantor or any of the Property (the "Impositions"). Within thirty (30) days after the payment of
any Imposition, the Grantor shall deliver to the Bank written evidence acceptable to the Bank of
such payment. The Grantor's obligations to pay the Impositions shall survive the Bank's taking
title to (and possession of) the Property through foreclosure, deed -in -lieu or otherwise, as well as
the termination of the Deed of Trust including, without limitation, by merger into a deed.
(c) Maintenance of Security. Use, and permit others to use, the Property only
for its present use or such other uses as permitted by applicable Legal Requirements and
approved in writing by the Bank. The Grantor shall keep the Property in good condition and
order and in a rentable and tenantable state of repair and will make or cause to be made, as and
when necessary, all repairs, renewals, and replacements, structural and nonstructural, exterior
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Form 12A — NC Rev. 9/22

and interior, foreseen and unforeseen, ordinary and extraordinary, provided, however, that no
structural repairs, renewals or replacements shall be made without the Bank's prior written
consent. The Grantor shall not remove, demolish or alter the Property nor commit or suffer
waste with respect thereto, nor permit the Property to become deserted or abandoned. The
Grantor covenants and agrees not to take or permit any action with respect to the Property which
will in any manner impair the security of this Deed of Trust or the use of the Property as set forth
in the Loan Documents.
3. Leases. Any or all Leases of all or any part of the Property shall be subject in all
respects to the Bank's prior written consent, shall be subordinated to this Deed of Trust and to
the Bank's rights and, together with any and all Rents, shall be assigned at the time of execution
to the Bank as additional collateral security for the Obligations, all in such form, substance and
detail as is satisfactory to the Bank in its sole discretion. The Grantor shall not, without the prior
written consent of the Bank, (i) further assign or attempt to assign the Leases or any portion of
the Rents due and payable or to become due and payable thereunder, (ii) alter, modify, amend or
change the terms of any of the Leases or surrender, renew, cancel or terminate the same or do
anything whatsoever affecting any guaranty of any of the Leases or consent to any of the
foregoing, (iii) accept prepayments of any portion of the Rents for a period of more than one (1)
month in advance, (iv) enter into any lease, license or other agreement for occupancy after the
date hereof for the Property, or any part thereof, or (v) discount any future accruing Rents.
4. Due on Sale Clause. The Grantor shall not sell, convey or otherwise transfer any
interest in the Property (whether voluntarily or by operation of law), or agree to do so, without
the Bank's prior written consent, including (a) any sale, conveyance, encumbrance, assignment,
or other transfer of (including installment land sale contracts), or the grant of a security interest
in, all or any part of the legal or equitable title to the Property, except as otherwise permitted
hereunder; (b) any lease of all or any portion of the Property; or (c) any sale, conveyance,
assignment, or other transfer of, or the grant of a security interest in, any share of stock of the
Grantor, if a corporation, or any partnership interest in the Grantor, if a partnership, or any
membership interest, if a limited liability entity, except in favor of the Bank. Any default under
this section shall cause an immediate acceleration of the Obligations without any demand by the
Bank.
5. Mechanics' Liens. Prior to the Grantor performing any construction or other
work on or about the Property for which a lien could be filed against the Property, the Grantor
shall enter into a written contract ("Construction Contract") with the contractor who is to
perform such work, or materialman providing materials (each a "Contractor"), containing a
provision whereby (i) the Contractor shall, at the request of the Grantor or the Bank, verify in an
affidavit in a form approved by the Bank that all labor and materials furnished by the Contractor,
including all applicable taxes, have been paid by the Contractor up to the date of such requested
affidavit, (ii) the Contractor shall, upon the request of the Grantor or the Bank, at no cost to the
Bank, post a bond guaranteeing payment for labor and materials provided by all subcontractors,
sub -subcontractors and materialmen and subsequently obtain advance lien waivers from such
parties in a form acceptable to the Bank, (iii) the Contractor agrees to subordinate any lien
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Form 12A — NC Rev. 9/22

against the Property, whether obtained under the mechanics' lien laws or otherwise, to the lien,
right, title and terms of the Loan Documents and all advances to be made thereunder and to
include a similar provision in contracts with all subcontractors, sub -subcontractors and
materialmen with respect to liens obtained by such parties and (iv) the Contractor agrees that
foreclosure or a conveyance in lieu of a foreclosure of the liens and security interests securing
the Obligations shall be fully and automatically effective to terminate and extinguish all of
Contractor's liens and claims of any kind against the Property and to include a similar provision
in contracts with all subcontractors, sub -subcontractors and materialmen with respect to liens
obtained by such parties. Notwithstanding the foregoing, if mechanics' or other liens shall be
filed against the Property purporting to be for labor or material furnished or to be furnished on
behalf of the Grantor, or for any other reason relating to the acts or omissions of the Grantor,
then the Grantor shall at its expense, cause such lien to be discharged of record by payment,
bond or otherwise within fifteen (15) days after the filing thereof. If the Grantor shall fail to
cause such lien to be discharged of record within the fifteen (15) day period, the Bank may, in
the Bank's sole discretion, cause such lien to be discharged by payment, bond or otherwise
without investigation as to the validity thereof or as to any offsets or defenses thereto, and the
Grantor shall, upon demand, reimburse the Bank for all amounts paid and costs incurred in
connection therewith including, without limitation, attorneys' fees and disbursements.
6. Insurance. The Grantor shall keep the Property continuously insured, in an
amount not less than the cost to replace the Property or an amount not less than eighty percent
(80%) of the full insurable value of the Property, whichever is greater, covering such risks and in
such amounts and with such deductibles as are satisfactory to the Bank and its counsel including,
without limitation, insurance against loss or damage by fire, with extended coverage and against
other hazards as the Bank may from time to time require. With respect to any property under
construction or reconstruction, the Grantor shall maintain builder's risk insurance. The Grantor
shall also maintain comprehensive general public liability insurance, in an amount of not less
than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000)
general aggregate per location, which includes contractual liability insurance for the Grantor's
obligations under the Leases, and worker's compensation insurance. All property and builder's
risk insurance shall include protection for continuation of income for a period of twelve (12)
months, in the event of any damage caused by the perils referred to above. All policies,
including policies for any amounts carried in excess of the required minimum and policies not
specifically required by the Bank, shall be with an insurance company or companies satisfactory
to the Bank, shall be in form satisfactory to the Bank, shall meet all coinsurance requirements of
the Bank, shall be maintained in full force and effect, shall be assigned to the Bank, with
premiums prepaid, as collateral security for payment of the Obligations, shall be endorsed with a
standard mortgagee clause in favor of the Bank and shall provide for at least thirty (30) days'
notice of cancellation to the Bank. Such insurance shall also name the Bank as an additional
insured under the comprehensive general public liability policy and the Grantor shall also deliver
to the Bank a copy of the replacement cost coverage endorsement. If the Property is located in
an area which has been identified by any governmental agency, authority or body as a flood
hazard area, then the Grantor shall maintain a flood insurance policy covering the Property in an
amount equal to the lesser of (a) the original amount of the Obligations or (b) the maximum limit
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Form 12A - NC Rev. 9/22

of coverage available under the federal program; provided, however, the Bank may require
greater amounts in its sole discretion.
7. Rights of Bank to Insurance Proceeds. In the event of loss, the Bank shall have
the exclusive right to adjust, collect and compromise all insurance claims, and the Grantor shall
not adjust, collect or compromise any claims under said policies without the Bank's prior written
consent. Each insurer is hereby authorized and directed to make payment under said policies,
including return of unearned premiums, directly to the Bank instead of to the Grantor and the
Bank jointly, and the Grantor appoints the Bank as the Grantor's attorney -in -fact, which
appointment is irrevocable and coupled with an interest, to endorse any draft therefor. All
insurance proceeds may, at the Bank's sole option, be applied to all or any part of the
Obligations and in any order (notwithstanding that such Obligations may not then otherwise be
due and payable) or to the repair and restoration of any of the Property under such terms and
conditions as the Bank may impose.
8. Installments for Insurance. Taxes and Other Charges. Upon the Bank's
request, the Grantor shall pay to the Bank monthly, an amount equal to one -twelfth (1/12) of the
annual premiums for the insurance policies referred to hereinabove and the annual Impositions
and any other item which at any time may be or become a lien upon the Property (the "Escrow
Charges"). The amounts so paid shall be used in payment of the Escrow Charges so long as no
Event of Default shall have occurred. No amount so paid to the Bank shall be deemed to be trust
funds, nor shall any sums paid bear interest. The Bank shall have no obligation to pay any
insurance premium or Imposition if at any time the funds being held by the Bank for such
premium or Imposition are insufficient to make such payments. If, at any time, the funds being
held by the Bank for any insurance premium or Imposition are exhausted, or if the Bank
determines, in its sole discretion, that such funds will be insufficient to pay in full any insurance
premium or Imposition when due, the Grantor shall promptly pay to the Bank, upon demand, an
amount which the Bank shall estimate as sufficient to make up the deficiency. Upon the
occurrence of an Event of Default, the Bank shall have the right, at its election, to apply any
amount so held against the Obligations due and payable in such order as the Bank may deem fit,
and the Grantor hereby grants to the Bank a lien upon and security interest in such amounts for
such purpose.
9. Condemnation. The Grantor, immediately upon obtaining knowledge of any
potential or threatened condemnation or taking, or upon the institution of any proceedings for the
condemnation or taking, by eminent domain of any of the Property, shall notify the Bank of such
threat or the pendency of such proceedings. The Bank may participate in any related
negotiations or proceedings and the Grantor shall deliver to the Bank all instruments requested
by it to permit such participation. Any award or compensation for property taken or for damage
to property not taken, whether as a result of condemnation proceedings or negotiations in lieu
thereof, is hereby assigned to and shall be received and collected directly by the Bank, and any
award or compensation shall be applied, at the Bank's option, to any part of the Obligations and
in any order (notwithstanding that any of such Obligations may not then be due and payable) or
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Form 12A - NC Rev. 9/22

to the repair and restoration of any of the Property under such terms and conditions as the Bank
may impose.
10. Environmental Matters.
(a) For purposes of this Section 10, the term "Environmental Laws" shall
mean all federal, state and local laws, regulations and orders, whether now or in the future
enacted or issued, pertaining to the protection of land, water, air, health, safety or the
environment. The term "Regulated Substances" shall mean all substances regulated by
Environmental Laws, or which are known or considered to be harmful to the health or safety of
persons, or the presence of which may require investigation, notification or remediation under
the Environmental Laws. The term "Contamination" shall mean the discharge, release,
emission, disposal or escape of any Regulated Substances into the environment.
(b) The Grantor represents and warrants (i) that no Contamination is present
at, on or under the Property and that no Contamination is being or has been emitted onto any
surrounding property; (ii) all operations and activities on the Property have been and are being
conducted in accordance with all Environmental Laws, and the Grantor has all permits and
licenses required under the Environmental Laws; (iii) no underground or aboveground storage
tanks are or have been located on or under the Property; and (iv) no legal or administrative
proceeding is pending or threatened relating to any environmental condition, operation or
activity on the Property, or any violation or alleged violation of Environmental Laws. These
representations and warranties shall be true as of the date hereof, and shall be deemed to be
continuing representations and warranties which must remain true, correct and accurate during
the entire duration of the term of this Deed of Trust.
(c) The Grantor shall ensure that, at its sole cost and expense, the Property
and the conduct of all operations and activities thereon comply and continue to comply with all
Environmental Laws. The Grantor shall notify the Bank promptly and in reasonable detail in the
event that the Grantor becomes aware of any violation of any Environmental Laws, the presence
or release of any Contamination with respect to the Property, or any governmental or third party
claims relating to the environmental condition of the Property or the conduct of operations or
activities thereon. The Grantor also agrees not to permit or allow the presence of Regulated
Substances on any part of the Property, except for those Regulated Substances (i) which are used
in the ordinary course of the Grantor's business, but only to the extent they are in all cases used
in a manner which complies with all Environmental Laws; and (ii) those Regulated Substances
which are naturally occurring on the Property. The Grantor agrees not to cause, allow or permit
the presence of any Contamination on the Property.
(d) The Trustee and the Bank shall not be liable for, and the Grantor shall
indemnify, defend and hold the Trustee and the Bank and the Indemnified Parties (as hereinafter
defined) and all of their respective successors and assigns harmless from and against all losses,
costs, liabilities, damages, fines, claims, penalties and expenses (including reasonable attorneys',
consultants' and contractors' fees, costs incurred in the investigation, defense and settlement of
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Form 12A — NC Rev. 9/22

claims, as well as costs incurred in connection with the investigation, remediation or monitoring
of any Regulated Substances or Contamination) that the Trustee and the Bank or any
Indemnified Party may suffer or incur (including as holder of the Deed of Trust, as mortgagee in
possession or as successor in interest to the Grantor as owner of the Property by virtue of a
power of sale, foreclosure or acceptance of a deed in lieu of foreclosure) as a result of or in
connection with (i) any Environmental Laws (including the assertion that any lien existing or
arising pursuant to any Environmental Laws takes priority over the lien of the Deed of Trust);
(ii) the breach of any representation, warranty, covenant or undertaking by the Grantor in this
Section 10; (iii) the presence on or the migration of any Contamination or Regulated Substances
on, under or through the Property; or (iv) any litigation or claim by the government or by any
third party in connection with the environmental condition of the Property or the presence or
migration of any Regulated Substances or Contamination on, under, to or from the Property.
(e) Upon the Bank's request, the Grantor shall execute and deliver an
Environmental Indemnity Agreement satisfactory in form and substance to the Bank, to more
fully reflect the Grantor's representations, warranties, covenants and indemnities with respect to
the Environmental Laws.
11. Inspection of Property. The Trustee and the Bank shall have the right to enter
the Property at any reasonable hour for the purpose of inspecting the order, condition and repair
of the buildings and improvements erected thereon, as well as the conduct of operations and
activities on the Property. The Trustee and the Bank may enter the Property (and cause the
Bank's employees, agents and consultants to enter the Property), upon prior written notice to the
Grantor, to conduct any and all environmental testing deemed appropriate by the Bank in its sole
discretion. The environmental testing shall be accomplished by whatever means the Bank may
deem appropriate, including the taking of soil samples and the installation of ground water
monitoring wells or other intrusive environmental tests. The Grantor shall provide the Trustee
and the Bank (and the Bank's employees, agents and consultants) reasonable rights of access to
the Property as well as such information about the Property and the past or present conduct of
operations and activities thereon as the Trustee or the Bank shall reasonably request.
12. Events of Default. The occurrence of any one or more of the following events
shall constitute an "Event of Default" hereunder: (a) any Event of Default (as such term is
defined in any of the Loan Documents); (b) any termination event under the Master Agreement;
(c) any default under any of the Obligations that does not have a defined set of "Events of
Default" and the lapse of any notice or cure period provided in such Obligations with respect to
such default; (d) demand by the Bank under any of the Obligations that have a demand feature;
(e) the Grantor's failure to perform any of its obligations under this Deed of Trust or under any
Environmental Indemnity Agreement executed and delivered pursuant to Section 10(e); (f)
falsity, inaccuracy or material breach by the Grantor of any written warranty, representation or
statement made or furnished to the Bank by or on behalf of the Grantor; (g) an uninsured
material loss, theft, damage, or destruction to any of the Property, or the entry of any judgment
against the Grantor, or any lien against or the making of any levy, seizure or attachment of or on
the Property; (h) the Bank's failure to have a lien on the Property with the priority required under
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Form 12A — NC Rev. 9/22

Section 1; (i) any indication or evidence received by the Bank that the Grantor may have directly
or indirectly been engaged in any type of activity which, in the Bank's discretion, might result in
the forfeiture of any property of the Grantor to any governmental entity, federal, state or local; 0)
foreclosure proceedings are instituted against the Property upon any other lien or claim, whether
alleged to be superior or junior to the lien of this Deed of Trust; or (k) the Grantor's failure to
pay any Impositions as required under Section 2(b), or to maintain in full force and effect any
insurance required under Section 6.
13. Riehts and Remedies of Bank. If an Event of Default occurs, the Bank may,
acting alone or together with or through the Trustee or any agents or attorneys at the Bank's
option and without demand, notice or delay, do one or more of the following:
(a) Acceleration. The Bank may declare that all sums payable under the Loan
Documents are immediately due and payable in full, whereupon all such sums shall be
immediately due and payable in full regardless of any installment payment provisions, maturity
date, or other terms and conditions of any Loan Document.
(b) Enter, Manage, Control. The Bank may enter upon the Land and
Improvements, exclude the Grantor, and anyone claiming by, through or under Grantor, from the
Land and Improvements, exercise all rights and powers of the Grantor with respect to the
Property, and collect all Rents or other income thereof.
(c) Foreclosure and Sale. The Bank may (i) direct the Trustee to sell (and the
Trustee is hereby empowered to sell) all or any part of the Property at public auction to the last
and highest bidder for cash (free of any equity of redemption, homestead, dower, curtesy or other
exemption, all of which are expressly waived by the Grantor) at such time and place and upon
such terms and conditions as may be required by applicable law or rule of court and after having
complied with the North Carolina law applicable to power of sale foreclosures provided in
Article 2A of Section 45 of the North Carolina General Statutes (a "Power of Sale
Foreclosure"); (ii) elect to foreclose this Deed of Trust pursuant to a judicial foreclosure action;
or (iii) take such other action at law, equity or by contract for the enforcement of this Deed of
Trust and realization on the security herein or elsewhere provided for, as the law may allow. In
any action or proceeding to foreclose this Deed of Trust or to collect the sums secured hereby,
the Bank may proceed therein to final judgment and execution for the entire unpaid balance of
the Obligations, together with all future advances and any other sums due by the Grantor and any
other obligor or guarantor of any of the Obligations in accordance with the provisions of this
Deed of Trust, together with interest from the date of default at the Default Rate (as defined in
the Note) and all expenses of sale and of all proceedings in connection therewith, including
reasonable attorneys' fees. The unpaid balance of any judgment shall bear interest at the greater
of (A) the statutory rate provided for judgments, or (B) the Default Rate.
In the event that the Bank elects to direct the Trustee to sell the Property pursuant to a
Power of Sale Foreclosure, the following provisions shall apply: (a) in exercising the power of
sale and selling the Property, the Trustee shall comply with the provisions of North Carolina law
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Form 12A - NC Rev. 9/22

governing power of sale foreclosures and shall give such notice of hearing as to the
commencement of foreclosure proceedings, obtain such findings and leave of court, and give
such notice of and advertise such foreclosure sale all as may then be required by such law; (b)
upon such foreclosure sale or any required resale, it shall be lawful for the Trustee to convey the
Property (or such portion thereof as may have been sold) to the successful bidder by way of a
Trustee's deed without any covenant or warranty and any recitals of fact in such Trustee's deed
shall be prima facie evidence of such facts; (c) the Trustee shall be entitled to a reasonable
Trustee's fee as provided in N.C.G.S. § 45-21.15, not to exceed the maximum fee allowed by
applicable law (the "Commission") as well as reimbursement for any attorney's fees incurred by
Trustee; (d) the Trustee shall apply the proceeds of the sale first to the payment of all expenses
and costs incurred in connection with such sale, including without limitation, advertising costs,
title examination fees, transfer taxes, and court costs; second to the payment of the Trustee's
Commission; third to payment of any taxes or governmental assessments which may be a lien
against the Property, unless Trustee advertised and sold the Property subject to such taxes or
assessments; and fourth, to the payment of the Obligations and sums secured hereby, with the
excess, if any, of such proceeds after the payment in full of the Obligations and secured sums
being distributed to the person or persons entitled thereto as their interests may appear; (e) if the
Trustee commences a Power of Sale Foreclosure and such proceeding is terminated prior to the
completion thereof, the Grantor shall pay to the Trustee all expenses incurred by the Trustee in
connection with such proceeding and sale and a reasonable commission or compensation for
services rendered by the Trustee but not more than the maximum fee allowed by applicable law;
(f) at any sale conducted by the Trustee, the Bank may bid for and become the purchaser of the
Property or such portion thereof as has been offered for sale and in lieu of paying cash therefor
the Bank may take settlement of the purchase price by a credit upon the Obligations due and
payable and secured by this Deed of Trust; (g) the Trustee may require the successful bidder at
any sale to deposit immediately with the Trustee cash or certified check in an amount up to
twenty-five percent (25%) of the bid and such bid may be rejected if the deposit is not
immediately made; (h) pursuant to Section 25-9-604(a), (b) and (c) of the North Carolina
General Statutes (or any amendment thereto), the Trustee is expressly authorized and empowered
to expose to sale and sell, together with the Land, any portion of the Property which constitutes
personal property (if personal property is sold hereunder, it need not be at the place of sale); (i)
any sale scheduled by the Trustee may be adjourned by announcement at the time and place
appointed for such sale without further notice except as may be required by law; and 0) the sale
by the Trustee of less than the whole of the Property shall not exhaust the right to sell any
remainder of the Property and the Trustee is specifically empowered to make a successive sale or
sales until the whole of the Property shall be sold; and if the proceeds of such sale of less than
the whole of the Property shall be less than the aggregate of the Obligations, this Deed of Trust
and the lien hereof shall remain in full force and effect as to the unsold portion of the Property
just as though no sale had been made.
(d) Appointment of Receiver. The Bank may petition a court of competent
jurisdiction to appoint a receiver of the Property. Such appointment may be made either before
or after sale, without notice, without regard to the solvency or insolvency of the Grantor at the
time of application for such receiver, without regard to the then value of the Property or whether
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Form 12A — NC Rev. 9/22

the Property shall be then occupied as a homestead or not, and without regard to whether the
Grantor has committed waste or allowed deterioration of the Property, and the Bank or any agent
of the Bank may be appointed as such receiver. The Grantor hereby agrees that the Bank has a
special interest in the Property and absent the appointment of such receiver the Property shall
suffer waste and deterioration and the Grantor further agrees that it shall not contest the
appointment of a receiver and hereby so stipulates to such appointment pursuant to this
paragraph. Such receiver shall have the power to perform all of the acts permitted the Bank
pursuant to Section 13(b) and such other powers which may be necessary or customary in such
cases for the protection, possession, control, management and operation of the Property during
such period.
(e) Other Remedies. The Bank shall have the right, from time to time, to
bring an appropriate action to recover any sums required to be paid by the Grantor under the
terms of this Deed of Trust, as they become due, without regard to whether or not any other
Obligations shall be due, and without prejudice to the right of the Bank thereafter to bring an
action of foreclosure, or any other action, for any default by the Grantor existing at the time the
earlier action was commenced. In addition, the Bank shall have the right to set-off all or any part
of any amount due by Grantor to the Bank under any of the Obligations, against any
indebtedness, liabilities or obligations owing by the Bank in any capacity to the Grantor,
including any obligation to disburse to the Grantor any funds or other property on deposit with or
otherwise in the possession, control or custody of the Bank.
14. Bank's Right to Protect Securitv. The Trustee and the Bank are hereby
authorized to do any one or more of the following, irrespective of whether an Event of Default
has occurred: (a) appear in and defend any action or proceeding purporting to affect the security
hereof or the rights or powers of the Trustee or the Bank hereunder; (b) purchase such insurance
policies covering the Property as the Bank may elect if the Grantor fails to maintain the
insurance coverage required hereunder; and (c) take such action as the Trustee or the Bank may
determine to pay, perform or comply with any Impositions or Legal Requirements, to cure any
Events of Default and to protect its security in the Property.
15. Appointment of Bank as Attorney -in -Fact. The Bank, or any of its officers, is
hereby irrevocably appointed attorney -in -fact for the Grantor (without requiring any of them to
act as such), such appointment being coupled with an interest, to do any or all of the following:
(a) collect the Rents after the occurrence of an Event of Default; (b) settle for, collect and receive
any awards payable under Section 9 from the authorities making the same; and (c) execute,
deliver and file, at Grantor's sole cost and expense such instruments as the Bank may require in
order to perfect, protect and maintain its liens and security interests on any portion of the
Property.
16. Certain Waivers. To the full extent the Grantor may do so, the Grantor agrees
that the Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of
any law now or hereafter in force providing for any appraisement, valuation, stay, extension or
redemption, homestead, moratorium, reinstatement, marshaling or forbearance, and the Grantor,
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Form 12A — NC Rev. 9/22

for the Grantor, the Grantor's heirs, devisees, representatives, successors and assigns, and for any
and all persons ever claiming any interest in the Property, to the extent permitted by applicable
law, hereby waives and releases all rights of redemption, valuation, appraisement, stay of
execution, notice of intention to mature or declare due the whole of the Obligations, notice of
election to mature or declare due the whole of the Obligations and all rights to a marshaling of
assets of the Grantor, including the Property, or to a sale in inverse order of alienation in the
event of foreclosure of the liens and/or security interests hereby created. The Grantor shall not
have or assert any right under any statute or rule of law pertaining to the marshaling of assets,
sale in inverse order of alienation, the exemption of homestead, the administration of estates of
decedents, or other matters whatsoever to defeat, reduce or affect the right of the Bank under the
terms of this Deed of Trust to a sale of the Property for the collection of the secured indebtedness
without any prior or different resort for collection, or the right of the Bank under the terms of this
Deed of Trust to the payment of the secured indebtedness out of the proceeds of sale of the
Property in preference to every other claimant whatsoever. The Grantor waives any right or
remedy which the Grantor may have or be able to assert pursuant to any provision of North
Carolina law, including, but not limited to, the rights or remedies set forth in North Carolina
Gen. Stat. §26-7, et. seq., pertaining to the rights and remedies of sureties. If any law referred to
in this section and now in force, of which the Grantor or the Grantor's heirs, devisees,
representatives, successors or assigns or any other persons claiming any interest in the Property
might take advantage despite this section, shall hereafter be repealed or cease to be in force, such
law shall not thereafter be deemed to preclude the application of this section.
17. Rights of Bank. Trustee Cumulative. Each right, power and remedy of the
Bank or the Trustee provided in the Loan Documents shall be in addition to every other right,
power or remedy, and the exercise or beginning of the exercise by the Bank or the Trustee of any
one or more of such rights, powers or remedies shall not preclude the simultaneous or later
exercise by the Bank or the Trustee of any or all such other rights, powers or remedies.
18. Trustee's Liability: Powers. The Trustee shall not be liable for any error of
judgment or act done by the Trustee in good faith, or be otherwise responsible or accountable
under any circumstances whatsoever (including Trustee's negligence), except for the Trustee's
gross negligence or willful misconduct. The Trustee shall have the right to rely on any
instrument, document or signature authorizing or supporting any action taken or proposed to be
taken by the Trustee hereunder, believed by the Trustee in good faith to be genuine. All moneys
received by the Trustee shall, until used or applied as herein provided, be held in trust for the
purposes for which they were received, but need not be segregated in any manner from any other
moneys (except to the extent required by law), and the Trustee shall be under no liability for
interest on any moneys received by the Trustee hereunder. The Grantor hereby ratifies and
confirms any and all acts which the herein named Trustee or its successor or successors,
substitute or substitutes, in this trust, shall do lawfully by virtue hereof.
19. Substitution of Trustee. The Bank may, at any time and from time to time,
without notice, at the Bank's discretion, remove the Trustee and appoint a substitute trustee (the
"Substitute Trustee") by filing in the records where this Deed of Trust is recorded an
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Form 12A — NC Rev. 9/22

instrument affecting such removal and appointment. A Substitute Trustee shall be vested with
title to the Property and with all rights, powers, and duties of the original Trustee herein and all
provisions hereof pertaining to the Trustee shall similarly affect any Substitute Trustee. The
necessity of the Trustee, or any Substitute Trustee, making oath or giving bond is expressly
waived.
20. Notices. All notices, demands, requests, consents, approvals and other
communications required or permitted hereunder ("Notices") must be in writing and will be
effective upon receipt. Notices may be given in any manner to which the parties may separately
agree, including electronic mail. Without limiting the foregoing, first-class mail, facsimile
transmission and commercial courier service are hereby agreed to as acceptable methods for
giving Notices. Regardless of the manner in which provided, Notices may be sent to a party's
address as set forth above or to such other address as any parry may give to the other for such
purpose in accordance with this section.
21. Further Acts. If required by the Bank, the Grantor will execute all
documentation necessary for the Bank to obtain and maintain perfection of its liens and security
interests in the Property. The Grantor will, at the cost of the Grantor, and without expense to the
Bank, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances,
assignments, notices of assignment, transfers and assurances as the Bank shall, from time to
time, require for the better assuring, conveying, assigning, transferring or confirming unto the
Bank the property and rights hereby conveyed, or which Grantor may be or may hereafter
become bound to convey or assign to the Bank, or for carrying out the intent of or facilitating the
performance of the terms of this Deed of Trust or for filing, registering or recording this Deed of
Trust. The Grantor grants to the Bank an irrevocable power of attorney coupled with an interest
for the purpose of exercising and perfecting any and all rights and remedies available to the Bank
under this Deed of Trust or the other Loan Documents, at law or in equity, including, without
limitation, the rights and remedies described in this section.
22. Changes in the Laws Regardiniz Taxation. If any law is enacted or adopted or
amended after the date of this Deed of Trust which deducts the Obligations from the value of the
Property for the purpose of taxation or which imposes a tax, either directly or indirectly, on the
Grantor or the Bank's interest in the Property, the Grantor will pay such tax, with interest and
penalties thereon, if any. If .the Bank determines that the payment of such tax or interest and
penalties by the Grantor would be unlawful or taxable to the Bank or unenforceable or provide
the basis for a defense of usury, then the Bank shall have the option, by written notice of not less
than ninety (90) days, to declare the entire Obligations immediately due and payable.
23. Recording Taxes: Documentary Stamps. If at any time the United States of
America, any State thereof or any subdivision of any such State shall require revenue or other
stamps to be affixed to this Deed of Trust or the other Loan Documents, or impose any recording
or other tax or charge on the same, the Grantor will pay for the same, with interest and penalties
thereon, if any.
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Form 12A - NC Rev. 9/22

24. Preservation of Rights. No delay or omission on the part of the Bank or the
Trustee to exercise any right or power will impair any such right or power or be considered a
waiver of any such right or power, nor will the Bank's action or inaction impair any such right or
power. The Bank's and Trustee's rights and remedies hereunder are cumulative and not
exclusive of any other rights or remedies which they may have under other agreements, at law or
in equity.
25. Illegality. If any provision contained in this Deed of Trust should be invalid,
illegal or unenforceable in any respect, it shall not affect or impair the validity, legality and
enforceability of the remaining provisions of this Deed of Trust.
26. Changes in Writing. No modification, amendment or waiver of, or consent to
any departure by the Grantor from, any provision of this Deed of Trust will be effective unless
made in a writing signed by the Bank, and then such waiver or consent shall be effective only in
the specific instance and for the purpose for which given. No notice to or demand on the Grantor
will entitle the Grantor to any other or further notice or demand in the same, similar or other
circumstance.
27. Entire Agreement. This Deed of Trust (including the documents and
instruments referred to herein) constitutes the entire agreement and supersedes all other prior
agreements and understandings, both written and oral, between the parties with respect to the
subject matter hereof.
28. Survival; Successors and Assigns. This Deed of Trust will be binding upon and
inure to the benefit of the Grantor, the Trustee and the Bank and their respective heirs, executors,
administrators, successors and assigns; provided, however, that the Grantor may not assign this
Deed of Trust in whole or in part without the Bank's prior written consent and the Bank at any
time may assign this Deed of Trust in whole or in part; and provided , further, that the rights and
benefits under the sections entitled "Environmental Matters", "Inspection of Property" and
"Indemnity" shall also inure to the benefit of any persons or entities who acquire title or
ownership of the Property from or through the Bank or through action of the Bank (including a
foreclosure, sheriff's or judicial sale). The provisions of the sections entitled "Environmental
Matters", "Inspection of Property" and "Indemnity" shall survive the termination, satisfaction or
release of this Deed of Trust, the foreclosure of this Deed of Trust or the delivery of a deed in
lieu of foreclosure.
29. Interpretation. In this Deed of Trust, unless the Bank and the Grantor otherwise
agree in writing, the singular includes the plural and the plural the singular; words importing any
gender include the other genders; references to statutes are to be construed as including all
statutory provisions consolidating, amending or replacing the statute referred to; the word "or"
shall be deemed to include "and/or", the words "including", "includes" and "include" shall be
deemed to be followed by the words "without limitation"; references to articles, sections (or
subdivisions of sections) or exhibits are to those of this Deed of Trust; and references to
agreements and other contractual instruments shall be deemed to include all subsequent
-17-
Form 12A - NC Rev. 9/22

amendments and other modifications to such instruments, but only to the extent such
amendments and other modifications are not prohibited by the terms of this Deed of Trust.
Section headings in this Deed of Trust are included for convenience of reference only and shall
not constitute a part of this Deed of Trust for any other purpose. If this Deed of Trust is executed
by more than one party as Grantor, the obligations of such persons or entities will be joint and
several.
30. Indemnity. The Grantor agrees to indemnify each of the Trustee, the Bank, each
legal entity, if any, who controls, is controlled by or is under common control with the Trustee
and the Bank and each of their respective directors, officers, employees and agents (the
"Indemnified Parties"), and to defend and hold each Indemnified Party harmless from and
against, any and all claims, damages, losses, liabilities and expenses (including all fees and
charges of internal or external counsel with whom any Indemnified Party may consult and all
expenses of litigation and preparation therefor) which any Indemnified Party may incur, or which
may be asserted against any Indemnified Party by any person, entity or governmental authority
(including any person or entity claiming derivatively on behalf of the Grantor), in connection
with or arising out of or relating to the matters referred to in this Deed of Trust or in the other
Loan Documents, whether (a) arising from or incurred in connection with any breach of a
representation, warranty or covenant by the Grantor, or (b) arising out of or resulting from any
suit, action, claim, proceeding or governmental investigation, pending or threatened, whether
based on statute, regulation or order, or tort, or contract or otherwise, before any court or
governmental authority, whether incurred in connection with litigation, mediation, arbitration,
other alternative dispute processes, administrative proceedings and bankruptcy proceedings, and
any and all appeals from any of the foregoing; provided, however, that the foregoing indemnity
agreement shall not apply to any claims, damages, losses, liabilities and expenses solely
attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity
agreement contained in this section shall survive the termination of this Deed of Trust, payment
of any Obligations and assignment of any rights hereunder. The Grantor may participate at its
expense in the defense of any such action or claim.
31. Governing Law and Jurisdiction. This Deed of Trust has been delivered to and
accepted by the Bank and will be deemed to be made in the State where the Bank's office
indicated above is located. THIS DEED OF TRUST WILL BE INTERPRETED AND THE RIGHTS AND
LIABILITIES OF THE PARTIES HERETO DETERMINED IN ACCORDANCE WITH THE LAWS OF THE
STATE WHERE THE BANK'S OFFICE INDICATED ABOVE IS LOCATED, EXCLUDING ITS CONFLICT
OF LAWS RULES, EXCEPT THAT THE LAWS OF THE STATE WHERE THE APPLICABLE PROPERTY
IS LOCATED (IF DIFFERENT FROM THE STATE WHERE SUCH OFFICE OF THE BANK IS LOCATED)
SHALL GOVERN THE CREATION, PERFECTION, ENFORCEMENT AND FORECLOSURE OF THE LIENS
CREATED HEREUNDER ON THE APPLICABLE PROPERTY OR ANY INTEREST THEREIN. The
Grantor hereby irrevocably consents to the exclusive jurisdiction of any state or federal court for
the county or judicial district where the Bank's office indicated above is located; provided that
nothing contained in this Deed of Trust will prevent the Bank from bringing any action,
enforcing any award or judgment or exercising any rights against the Grantor individually,
against any security or against any property of the Grantor within any other county, state or other
-18-
Form 12A - NC Rev. 9/22

foreign or domestic jurisdiction. The Bank and the Grantor agree that the venue provided above
is the most convenient forum for both the Bank and the Grantor. The Grantor waives any
objection to venue and any objection based on a more convenient forum in any action instituted
under this Deed of Trust.
32. Authorization to Obtain Credit Reports. By signing below, each Grantor who
is an individual provides written authorization to the Bank or its designee (and any assignee or
potential assignee hereof) authorizing review of the Grantor's personal credit profile from one or
more national credit bureaus. Such authorization shall extend to obtaining a credit profile in
considering the Obligations and/or this Deed of Trust and subsequently for the purposes of
update, renewal or extension of such credit or additional credit and for reviewing or collecting
the resulting account.
33. Fixture Filing. The filing or recording of this Deed of Trust is intended to and
will constitute a financing statement filed as a fixture filing under the North Carolina Uniform
Commercial Code with respect to that portion of the Property which is or is to become fixtures
and/or equipment which has become so related to the Land that an interest in them arises under
real property law. The "Secured Party" is the Bank and the "Debtor" is the Grantor. The name,
type of organization, jurisdiction of organization, and mailing addresses of the Secured Party and
of the Debtor are set out in the first paragraph of this Deed of Trust. The land to which the
fixtures and equipment are related is the Land, and the Grantor is the record owner of the Land.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Form 12A — NC Rev. 9/22

34. Chanae in Name or Locations. The Grantor hereby agrees that if the location of
any of the Improvements changes from the Land, or if the Grantor changes its name, its type of
organization, its state of organization (if Grantor is a registered organization), its principal
residence (if Grantor is an individual), its chief executive office (if Grantor is a general
partnership or non -registered organization) or establishes a name in which it may do business
that is not the current name of the Grantor, the Grantor will immediately notify the Trustee and
the Bank in writing of the additions or changes.
The Grantor acknowledges that it has read and understood all the provisions of this Deed of
Trust, and has been advised by counsel as necessary or appropriate.
WITNESS the due execution hereof as a document under seal, as of the date first written above,
with the intent to be legally bound hereby.
1981 EVERETT RD LLC
LIN
(SEAL)
Joshua Brock, Manager
-20-
Form 12A - NC Rev. 9/22

ACKNOWLEDGMENT
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
(Place of Acknowledgment)
I, MORGAN E. GORDON, a Notary Public of HENDERSON County and State of
NORTH CAROLINA, do hereby certify that JOSHUA BROCK personally came before me
this day and acknowledged that he/she is the MANAGING MEMBER of 1981 EVERETT RD
LLC, a NORTH CAROLINA limited liability company, and that he/she, in such capacity
and being authorized to do so, executed the foregoing on behalf of said limited liability
company.
Witness my hand and official stamp or seal this day of DECEMBER, 2022.
Official Signature of Notary
(Ojj`wial seal) My commission expires: l 0-19-2024
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Form 12A — NC Rev. 9/22

This conveyance of the above mentioned tract of land is made subject to the
following restrictive covenants and conditions:
1. Any fencing installed on the above described tract which faces an
existing road or road right of way mist be constructed of wood.
2. Any dwelling constructed on the above described tract rust contain a
minimum of 1,000 square feet of floor space.
3. Any outbuilding, storage building or other building constructed on said
tract for use other than a dwelling must be constructed of durable materials
in such a manner as to make it a permanent improvement, and must be
reasonably attractive.
4. This tract may be sub -divided if and only if said subdivision creates
tracts of five (5) acres or more in area. No tract having an original area
of less than 10 acres may be subdivided.
5. The above described tract may not be used for ccmmercial pig, chicken or
dairy farming.
6. No trailers or mobile homes may be installed, parked, or erected on this
tract for use as either dwellings or outbuildings. This covenant shall not
be construed to prohibit the temporary storage or parking of camping or
travel trailers.
These covenants are intended to run with the land, are imposed thereon as
part of a common scherte or plan of development, and shall be enforceable by
suit at law or in equity by the developer, his or their heirs, successors,
and assigns.
BEING all of that same real property as conveyed by deed recorded in
Book 69 Page 118, Transylvania County Registry.
4853-6965-7149, v. 1

EXHIBIT B
Permitted Encumbrances
None
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Form 12A — NC Rev. 9/22

EXHIBIT A
WHEREAS, the subject property was conveyed to Larry Benton Black and wife, Rita M. Black by deed
recorded in Book 69 Page 118, Transylvania County Registry; and
WHEREAS, Rita M. Black aka Rita Mae Black aka Rita Mae Gingrich Black died testate December 15,
2020 in Transylvania County Registry and her Last Will and Testament was admitted to probate in
Transylvania County Clerk of Superior Court File No. 21-E-40; and
WHEREAS, pursuant to the Renunciation and Disclaimer filed in Transylvania County Clerk of Superior
Court File No. 21-E-40, her surviving spouse Larry Benton Black renounced and disclaimed his right of
survivorship in the subject property and Rita M. Black's one half undivided interest passed to the Larry and
Rita Black Living Trust dated September 15, 2020; and,
NOW THEREFORE THIS CONVEYANCE:
BEGINNING at a point in the center of Everette Road which said point marks
the Southeastern corner of that property conveyed by John B. Richard and
wife to Thomas F. Welch, as same is recorded in Deed Book 265, Page 330;
running thence with the centerline of said Everette Road South 69 deg.
49 min. 36 sec. East 179.85 feet to a stake; thence with the Western line of
that property conveyed by John B. Richard and wife to James R. Cope and wife
at Deed Book 285, Page 414 in the Transylvania County Registry the following
three (3) courses and distances to -wit: North 26 deg. 02 min. 26 sec. East
passing an iron pipe at 27.85 feet a total distance of 643.07 feet to an
iron pipe; and North 42 deg. 32 min. 16 sec. East 278.11 feet to an iron
pipe; and North 5 deg. 39 min. 03 sec. East 330.46 feet to an iron pipe;
thence South 88 deg. 32 min. 58 sec. West passing an iron pipe at 167.49
feet a total distance of 180.28 feet to a point in the center of a ditch;
thence with the centerline of said ditch and with the Welch line South 5
deg. 40 min. 51 sec. West 247.93 feet to a stake; thence continuing with the
Welch's line South 42 deg. 33 min. 03 sec. West 243.95 feet to an iron pipe;
thence South 26 deg. 01 min. 14 sec. West 688.32 feet to the BEGINNING.
Containing five (5) acres according to a survey by Terry C. Baker, RLS,
dated October 23, 1989. Being a portion of that property conveyed to John
B. Richard and wife by deed recorded in t)eed Book 259, Page 521 in the
Transylvania County Registry.