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HomeMy WebLinkAboutNC0088439_Owner (Name Change)_20240301rt STA7F . , RECEIVF l T ROY COOPER Governor ELIZABETH S. BISER Y ;�� .'n* ..' a2 MAR L024 Secretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality N C D Eta/DWR/ N P_1; E S PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NC00_8j_8_/ `-j /_a/_a or NCGS / / / /. 1. Facility Name: Crembf-rrV C,(, eV_ Dev-e_Anarnent WWTP -WWWC II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: a. Change in ownership of property/company b. Name change only _X__c. Other (please explain): N ine t-fer) E Ley-cn (ntw subdly1 SOU'1 no,rfrl t) 2. New owner's name (name to be put on permit): 3. New owner's or signing official's name and title: E I h oti Hav W 61 (Person legally responsible for permit) Acat) .c,l, fJo lS L. (Title) 4. Mailing address: 140il W' Il i Qry),5snn WOQd City: MdOCt6V%1if, 5 u t i-e- 2 O-1 State: N C Zip Code: 281 i-1 Phone: (ZZ$) 239-1 7- 1 Z E-mail address: e� t 01"•F el�VC11�. �otrld Q r0U1rJ • corn 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] �nrth ( imlina D p�vun:nt of Enrin�nni nt,d i)ualiU ? Dig iron )f U .n i Resource, \onh Sali,hun Stied 1 PW \hiI Service Ccntei I Relueh. AoClh ( .iroliira i,•w-I01 D_E )I,i'n9000 (kpartment o! EmI nmenhi quel� Page 2 of 2 Applicant's Certification: I, Elliot+ darvy-c I I , 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. Signature: Date: -z1,&AWjW THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 ID`a NORTH CAROLINA o Department of the Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF ORGANIZATION OF ELEVATE LAND PROPERTIES LLC the original of which was filed in this office on the 16th day of January, 2024. RECEIVED NCDEQ/DWR/NPDES IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 16th day of January, 2024. �. g Y rY, r a Scan to verify online. Certification# C202401100540-1 Reference# C202401100540-1 Page: 1 of 3 Verify this certificate online at https://www.sosnc.gov/verification Secretary of State SOSID: 2770635 Date Filed: 1/16/2024 7:37:00 AM State of North Carolina Elaine F. Marshall Department of the Secretary of State North Carolina Secretary of state C2024 O11 00540 Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. l . The name of the limited liability company is: Elevate Land Properties LLC (See Item 1 of the Instructions for appropriate entity designation) 2. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both by checking all applicable boxes.) Note: This document must be signed by all persons listed. Name Business Address Capacity Ann Marie Wilson - 491 Williamson Road, Suite 207 Mooresville NC, 28117-9255 United States ❑Member [!]Organizer ❑Member []Organizer ❑Member ❑Organizer 3. The name of the initial registered agent is: Ann Marie Wilson 4. The street address and county of the initial registered agent office of the limited liability company is: Number and Street 491 Williamson Road, Ste 207 City Mooresville State: NC ZipCode: 28117-9255Coanty: Iredell 5. The mailing address, if different from the street address, of the initial registered agent office is: Number and Street City State: NC Zip Code: County: 6. Principal office information: (Select either a orb.) a. OThe limited liability company has a principal office. The principal office telephone number: (704) 996-8636 x The street address and county of the principal office of the limited liability company is: Number and Street: 491 Williamson Road, Ste 207 City: Mooresville State: NC Zip Code:28117-9255 County: Irdell BUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh, NC 27626-0622 (Revised August. 2017) Form L-01 The mailing address, if different from the street address, of the principal office of the company is: Number and Street: City: State: Zip Code: County: b. ❑ The limited liability company does not have a principal office. 7. Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) are attached. 8. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the creation document. Name Title Business Address 9. (Optional): Please provide a business e-mail address: Privacy Redaction The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. 10. These articles will be effective upon filing, unless a future date is specified: This is the 11 th day of January 92024 Ann Marie Wilson Signature Ann Marie Wilson Organizer Type or Print Name and Title The below space to be used if more than one organizer or member is listed in Item #2 above. Signature Signature Type or Print Name and Title Type or Print Name and Title NOTE: 1. Filing fee is $125. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh, NC 27626-0622 (Revised August. 2017) Form L-01 Avery Counly Tax Office Property Transfer Card Approved: Date: 2024-02-23By: DH Taxes Paid Through: 2023 By DANIELLE HENSON Date: 2024-02.23 PARCELS: SEE DEED Lzcise Tax $17,570.00 41TZ Mlw:y� AVERY COUNTY NC FEE $26.00 STATE OF NC REAL ESTATE EXT S17570.00 PRESENTED & RECORDED 02/23/2024 04:05:56 PM ERIN G. ENGLISH REGISTER OF DEEDS BY: EMILY ROBERSON DEPUTY BK: RE 597 PG: 321 - 335 NORTH C AROLINA GENERAL WARRANTY DEED Prepared without benefit of title examination and/or survey. The drafting Aaorney was not the closing Attorney and did not disburse any funds or closing proceeds Brief Description for the Index: Multiple Tracts as shown on Exhibit "A" attached hereto PIN#: 1828-0097-8333; 1828-0087-1995; 1828-0078-8467; 1828-0078-9188; 1828-0097-2073; 1838-0006-2762; 1828-0086-4606;1828-0076-8717;1928-0086-3879;1828-0087-2355;1828-0087-5375;1828-00-57-2277;1828- 00-6-9917; 1828-00-66-1732 and 1828-00-67-3539 THIS DEED, made this c1 I day of February, 2024, by and between CRANBERRY CREEK, LLC, a North Carolina limited liability company; CRANBERRY COVE, LLC, a North Carolina limited liability company; CRANBERRY COMMERCIAL, LLC, a North Carolina limited liability company; and MIMOSA RIDGE, LLC, a North Carolina limited liability company, Grantors, whose mailing address is: c/o PO Box 55, Elk Park, NC 28622; and ELEVATE LAND PROPERTIES LLC, a North Carolina limited liability company, Grantee, whose mailing address is: 491 Williamson Rd. Ste 207 Mooresville, NC 28117 The designations "Grantors" and "Grantee" as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantees in fee simple, all that certain lot or parcel of land situated in Cranberry Township, Avery County, North Carolina, and more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by reference as if set out in full. For back reference see Book 484, Page 1057; Book 509, Page 1546; Book 513, Page 1756; Book Book 513, Page 535; Book 511, Page 37; Book 440, Page 240; Book 440, Page 215; Book 440, Page 258; Book 554, Page 1736; Book 435, Page 295; Book 485, Page 1294; Book 485, Page 1298; and Book 465, Page 1027, Avery County Public Registry. If initialed, the property includes the primary residence of'Grantors. (NCGS a 105-317.2) Prepared by: Tumer Law Office PA, 468 New Market Blvd. Ste B, Boone. NC ?8607 submitted electronically by "Moffatt & Moffatt, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Avery County Register of Deeds. Book 597 Page 322 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And Grantors covenant with the Grantee, that said Grantors are seized of the premises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that said Grantors will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Ad valorem taxes for Avery County for 2024 and subsequent years not yet due. 2. Covenant of Conditions and Restrictions as recorded In Book 302, Page 1046; rerecorded in Book 307, Page 360, and amended in Book 398, Page 946, Book 424, Page 547, Book 438, Page 2382 and re -recorded in Book 439, Page 1946; and as may be amended from time to time. 3. Existing utility easements. 4. Riparian rights of down stream owners. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized officer and its seal to be hereunto affixed by authority of �1 w1 Wrjthe day and year first written above. EtY 't- Expires 0 711512027 /'' Cranberry Creek, LLC, a North Carolina N Jwffer Terese Cryer Q _ limited liability company m Commission �H 414369 ��� By: (SEAL) 0 F F�O���.�`Ronald . Porter, Manager 1'/1111Nrn 1 n 1%0% � STATE OF )'U- a4 COUNTY OF z.e—, I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Ronald A. Porter, Manager of Cranberry Creek, LLC, a North Carolina limited liability company, Grantor Date: February a?/ , 2024 Official Signature of Notary Public: Notary's Printed/Typed Name: 1 �Cr+.,; �c✓ Gva� (� r+itk My Commission Expires: ? 115 SQL Book 597 Page 323 IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized officer and its seal to be hereunto affixed by authority of its Manager, the day and year first written above. \\ ,PRY „P�,,,, 0 t512027 ���'s Cranberry Cove, LLC, a North Carolina n limited liability company Cn Jennifer Teresa r = y]� AIXc immission p :_ By: / c .V � (SEAL) 4369 ��' Ronald A. Porter, Manager STATE OF COUNTY OF l certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Ronald A. Porter, Manager of Cranberry Cove, LLC, a North Carolina limited liability company, Grantor Date: February JQ l , 2024 Official Signature of Notary Public: 02f, e T1. !,- M C. A Notary's Printed/Typed Name; My Commission Expires: 7Zo w Book 597 Page 324 IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized officer and its seal to be hereunto affixed by authority of its Manager, the day and year first written above. Y 11A,' Cranberry Commercial, LLC, a North Carolina limited Expires 7/15/2027 n = liability company Jennifer Teresa Cryer :'I Aly Commission Q ' By: `'�' ' � ti �� �/'� (SEAL) =7j� FIH 414369 ��Ronald A. Porter, Manager STATE OF 1( COUNTY OF tA— I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Ronald A. Porter, Manager of Cranberry Commercial, LLC, a North Carolina limited liability company, Grantor Date: February oZ t , 2024 Official Signature of Notary Public: Notary's Printed/Typed Name: G+»; trcee l My Commission Expires: Z Book 597 Page 325 IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized officer and its seal to be hereunto affixed by authority of its Manager, the day and year first written above. ,,�•�� PRY P(�/''%,, �2es 0 7/15/2027 ; Mimosa Ridge, LLC, a North Carolina limited liability company N Jennifer Term cryer ' W Commissw 4 (SEAL) �tM 414369 Q.�,$ Suzanne R. Orter, Manager OF O STATE OF COUNTY OF Ing I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Suzanne R. Porter, Manager of Mimosa Ridge, LLC, a North Carolina limited liability company, Grantor Date: February a , 2024 Official Signature of Notary Public:g��4) I Notary's PrintedfFyped Name: _ �Urts„c CINCH : My Commission Expires: -1 I t'K 27 Book 597 Page 326 Property Description to Elevate Land Properties LLC "Exhibit A" Tracts 1-9 vested in Cranberry Creek, LLC, a North Carolina LLC: TRACT 1: Lot 7 Cranberry Creek Estates BEING all of Lot 7 (2.40 acres) of Cranberry Creek Estates as shown on map of survey prepared by Jerry L. Ball, RLS L-3108, and recorded in Map Book 36, Page 14, Avery County Registry. Also reserving and excepting non-exclusive water rights and easements to that certain well located on above described Lot 7 for the benefit and use of Lot 8 of Cranberry Creek Estates. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. This property is made subject to those Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046, as re -recorded in Book 307, Page 360; and amended by that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, North Carolina, and as may be amended from time to time thereafter. TRACT 2: Lot 16 Cranberry Creek Estates BEING all of Lot 16 (1.16 acres) of Cranberry Creek Estates as shown on map of survey prepared by Jerry L. Ball, RLS-3108, and recorded in Map Book 36, Page 16 of the Avery County Registry. Excepting and reserving non-exclusive water rights and easements to the well located on the above described premises, said non-exclusive water rights and easements to service Lots 14, 15, and 17 of Cranberry Creek Estates in addition to subject premises. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. This property is made subject to those Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046, as re -recorded in Book 307, Page 360; and amended by that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, North Carolina, and as may be amended from time to time thereafter. TRACT 3: Lot 22 Cranberry Creek Estates BEING all of Lot 22 a/k/a Tract #22 of Cranberry Creek Estates, containing 1.37 acres, as shown on map recorded in Map Book 36, Page 16 Avery County Public Registry, North Carolina. Book 597 Page 327 This property is made subject to those Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046, as re -recorded in Book 307, Page 360; and amended by that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, North Carolina, and as may be amended from time to time thereafter. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. TRACT 4: Lot 23 Cranberry Creek Estates BEING all of Lot 23 of Cranberry Creek Estates, a map of which is recorded in Plat Book 36, Pages 14-17 in the office of the Register of Deeds for Avery County, North Carolina. This property is made subject to those Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046, as re -recorded in Book 307, Page 360; and amended by that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, North Carolina, and as may be amended from time to time thereafter. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. Also conveyed herewith are those terms and conditions of that certain Access Deed of Easement as recorded in Book 440, Page 246, Avery County Public Registry. TRACT 5: Lot 34 Cranberry Creek Estates BEING all of Lot 34 of Cranberry Creek Estates, as shown on map of survey prepared by Jerry L. Ball, RLS L-3108 and recorded in Map Book 36, Page 14 of the Avery County North Carolina Public Registry. This property is made subject to those Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046, as re -recorded in Book 307, Page 360; and amended by that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, North Carolina, and as may be amended from time to time thereafter. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. TRACT 6: Lot 36 Cranberry Creek Estates Book 597 Page 328 BEING all of Lot 36 (6.53 Acres) of Cranberry Creek Estates, as shown and more fully described on map of survey prepared by Jerry L. Ball, RLS L-3108, and recorded in Map Book 36, Page 14 of the Avery County Registry. This property is made subject to those Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046, as re -recorded in Book 307, Page 360; and amended by that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, North Carolina, and as may be amended from time to time thereafter. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. TRACT 7: Intentionally Omitted TRACT 8: 378.781 acres k/a Tract A Book 597 Page 329 BEING ALL OF TRACT A (a composite tract comprising 381.041 acres, less and except a 2.26- acre parcel described as Lot 23 of the "Subdivision" as defined below, for an adjusted total acreage of 378.781 acres, and containing all tracts labeled as "A" (excluding Lot 23 of the "Subdivision" as defined below), "C", "D" or "E", on Sheet One of the Fuller Plat as defined below), as shown and more fully described on that certain plat (referred to herein as the "Fuller Plat"), containing six sheets, prepared by Robert Keith Fuller, PLS L-4753, dated February 18, 2009, being job number 09225, and being recorded in Plat Book 41 at Pages 229, 230, 231, 232, 233, and 234 of the Avery County Registry Conveyed herewith for the benefit of all of Tract A, as described above, is a permanent, non- exclusive casement and right-of-way over Bear Paw Road from Blevins Creek Road (NCSR 1361) through the various platted lots within Cranberry Creek Estates Subdivision (referred to in this instrument as the "Subdivision"), including, but not limited to, Lots 24, 23, and 22. Tract A, as defined above, contains the following previously platted Subdivision lots: BEiNG all of Lots 3, 4, 1 I, 12, 13. 17, 18, 20, 21, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 35 of Cranberry Creek Estates as per the plat, referred to herein as the "Cranberry Creek Plat", recorded in Plat Book 36, Pages 14, 15, 16 and 17 of the Avery County Public Registry. Also conveyed for the benefit of Lot 3 of the Subdivision is a non-exclusive water right and easement to that well located on adjoining Lot 4 of the Subdivision as such Well is shown on the Fuller Plat and presently in existence and in use, together with the right to lay and maintain water lines along the utility easement set forth in the Declaration of Restrictions recorded in Book 307, Page 360 of the Avery County Registry and to connect from the utility casement to said well. Said Lot 4 of the Subdivision is conveyed subject to the non-exclusive water rights previously conveyed to Lot 3, 3A, and 6 of the Subdivision. Also conveyed for the benefit of, and excepted from, Lots 1 I and 12 of the Subdivision are non- exclusive water rights and easements to that well located on the common boundary of said Lots 1 I and 12 as shown on the Fuller Plat, with the understanding that each party that is connected to said well shall have their own holding tank at their dwelling, and shall pay for their pm rata share of the repair, maintenance and upkeep of said well, and pump, and shall pay their pro rats share of the electric bill of the meter furnishing the well. Said pro rata payments to begin upon a dwelling being erected and use of the water commenced. The well referenced in this paragraph also provides appurtenant water rights to Lots 9, 10, and 13 of the Subdivision as well as an 8.55-acre tract, also located within Tract A and adjacent to, and cast of, Lot l 1 of the Subdivision, and being shown and more fully described on a survey plat dated October 21, 1999, prepared by Jerry L. Ball, PLS L•3108, and recorded in Plat Book 38, Page 43A, of the Avery County Registry. Book 597 Page 330 Reserved from the conveyance of Lot 27 of the Subdivision is a permanent, non-exclusive easement within the fifty -foot (50') casement radius shown and more fully described on Sheets Three and Four of the Fuller Plat for the installation, maintenance, repair, and residential use of the well and utilities on Lot 27 and also for the use and maintenance of the service driveway located within this radius and serving the residence on Lot 24. Lot 27 of the Subdivision is further conveyed subject to the terms of that certain Well and Electric Deed of Easement for the benefit of Lots 27, 25, and 24 dated July 20, 2009 and recorded in Book�d at Page 7U of the Avery County Registry and also that certain Access Deed of Easement over Lot 27 for the benefit of Lot 24 recorded in Book4* at Page�of the Avery County Registry. Also conveyed herewith for the benefit of Lot 30 of the Subdivision, and excepted from said Lot, is an casement appurtenant to the Property which is a perpetual easement for a private road for ingress, egress and regress over, under and across the easement for access from Bear Paw Road to Lot 30. The easement is 30 feet in width. Use of the easement is not confined to present uses of the Property, the buildings which are located on the Property at this time, or present means of transportation. This easement is located and more fully described in that certain Deed of easement recorded in Book 379, Page 1 1 16 of the Avery County Registry. The Subdivision lots within Tract A, as well as that certain 8.55-acre tract shown adjacent to Lot I I of the Subdivision and more fully described as Tract X on a survey plat (the "Ball Plat") dated October 21, 1999 by Jerry L. Ball, RLS L-3108, recorded in Plat Book 38, Page 43A, Avery County Registry, and also located within Tract A; and also that certain 26.85-acre tract, more or less, as more fully described as Tract 11 on the Ball Plat and also depicted on Sheet Three of the Fuller Plat; and also that certain 49.53-acre tract, more or less, being the remaining portion of an original 50.29-acre tract, more or less, described as Tract Y, and that certain 64.28-acre tract, more or less, described as Tract Z in a deed recorded in Book 379, Pages 1 122 through 1126, inclusive, of the Avery County Registry, also all located within Tract A, are all conveyed subject to that certain Cranberry Creek Community Owners Association Declaration of Covenants, Conditions and Restrictions dated January 23, 1998, recorded on January 23, 1998 in Deed Book 302, at Pages 1046 through 1056, inclusive; and re -recorded on June 5, 1998 in Deed Book 307, at Pages 360 through 371, inclusive ("Original Declaration"); as amended by that certain First Amendment and Supplementary Covenant of Conditions and Restrictions for Cranberry Creek, dated December 5, 2005, and recorded January 12, 2006, in Deed Book 398, at Pages 946 through 949, inclusive ("First Amendment"); as further amended by that certain Second Amendment and Supplementary Covenant of Conditions and Restrictions for Cranberry Creek, dated February 26, 2008 and recorded March 3, 2008, in Deed Book 424, at Pages 231 and 232 ("Second Amendment"); as further amended by that certain Third Amendment and Supplementary Covenant of Conditions and Restrictions for Cranberry Creek, dated June 24, 2009 and recorded June 24, 2009, in Deed Book RE 438, at Pages 2382 through 2393, inclusive ("Third Amendment"); and as such Third Amendment was re -recorded with, and corrected by, that certain Scrivener's Affidavit recorded July 20, 2009, in Deed Book 439, at Pages 1946 through 1959, inclusive; all in the Register of Deeds of Avery County, North Carolina (hereinafter collectively referred to as the "Declaration"). Book 597 Page 331 The conveyance of Tract A, as defined above, is made subject to the following: I . Right -of -Way of Blevins Creek Road (NCSR 1361) 2. Rights of others to the use of private easements, roadways or drives as shown on the Cranberry Creek Plat, the Ball Plat or the Fuller Plat, including, but not limited to, Bear Paw Road. 3. Southern Bell (now "BellSouth") easements as shown on the Fuller Plat 4. Mountain Electric utility easements as shown on Fuller Plat 5. Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. 6. Sixteen -Feet -Wide (16') Right -of -Way easement shown on Sheet Five of the Fuller Plat. 7. Wetlands areas shown on the Fuller Plat Less and excepting from the above conveyed property are Lot 29 and Lot 30 as shown on Plat Book 36, Page 15 as further described and conveyed in Book 485, Page 1298, Avery County Public Registry, North Carolina. Further less and excepting Lot 28 Revised and Lot 31 Revised as described and conveyed in Book 485, Page 1294, Avery County Public Registry, North Carolina. Tract 9 : 0.039 acres BEING all of that certain 0.039-acre tract identified on Sheet One of the Fuller Plat, and referred to herein, as Tract "QC" and also shown and more fully described as the "Quitclaim ref. to D.B. 90, 79" parcel on Sheet 3 of the Fuller Plat recorded in Plat Book 41 at Page 232 of the Avery County Public Registry, North Carolina. Tract 10 vested in Cranberry Cove, LLC: Tract 10 : A 0.558 acre tract of land situated at the end of a Turbyfill Road, a private drive leading from Blevins Creek Road (N.C.S.R. 1361), as described in Deed Book 423 at page 1476 of the Avery County Public Registry and as surveyed by Robert K. Fuller, P.L.S. L-4753, survey number 09225, dated December 29 . 2008 as: 13EG2 NING on existing leaf spring, a common comer with Sarah T. Buchanan and Harry 0. McGee, having North Carolina Geodetic Survey coordinates of. Northing m 887,468.68 feet, Easting, = 1,126,182.49 feet and located North 41 degrees 09 minutes 25 seconds East 351.37 feet from an existing 3/4" rebar at the northeastern bank of Blevins Creek and in the line of Sarah T. Buchanan and Harry O. McGee; Thence from the BEGINNING and with the McGee lint, North 26 degrees 34 minutes 00 seconds East 155.26 feet to an existing 5/8" mbar; Thence with the same, North 55 degrees 08 minutes 05 seconds East passing an existing I" galva [wed pipe at 128.25 feet and continuing 4.14 fed, a total distance Of 132.39 feet to a point in the line of DJF, LLC and B&J North Carolina, LLC, and being located South 05 degrees 31 minutes 40 seconds East 899.43 feet from an existing 112" conduit at the base of a 36" oak, a comer to DJF, LLC and B&J North Carolina, LLC, and Harry 0. McGee; Thence with the line of DJF. LLC and B&J North Carolina, LLC, South 05 degrees 31 minutes 40 seconds East 195.98 fed to a point, a corner to Beulah Turbyfill, and being located North 05 degrees 31 minutes 40 seconds West 293.51 feet from an existing 518" rebar, a comer to DJF, LLC and B&J North Carolina, LLC and Beulah Turbyfill; Thence with the Turbyfill line, South 84 degrees 21 minutes 05 seconds West passing an existing 5/8" rebar at 2.70 feet, continuing 122.19 feet to the terminus of a fifteen (15) foot Right of Way, and further continuing 73.02 feet, a total distance of 197.91 feet to the BEGINNING, being described with bearings relative to the North Carolina Geodetic Survey and rounded to die nearest five seconds, coordinates referenced to N.A.D. '83 (1986), and a combined grid factor of 0.999824441 applied to all mracurements. Book 597 Page 332 ALSO CONVEYING a fifteen (15) foot Right of Way and Easement leading from Blevins Creek Road (N.C.S.R. 1361) to the above described 0.558 acre tract and being 7.50 feet on both sides of the following described centerline: BEGINNING in the center of Blevins Creek Road, South 87 degrees 56 minutes 50 seconds Nest 212.76 feet from an existing spike, a corner to Beulah Turbyfill and Randy Grindstaff, Thence frnm the AEGINti1NG. North 19 degrees 43 minutes 50 seconds West 80.24 feet, North 34 degrees 04 minutes 50 seconds Nest 63.85 feet, North 38 degrees 32 minutes 51 seconds west 61.15 feet, Nottb 43 degrees 20 minutes 50 seconds West 57.06 feet, North 35 degrees 21 minutes 50 seconds West 41.96 feet, North 18 degrees 43 minutes 35 seconds East 43.51 feet, North 31 degrees 08 minutes 35 seconds East 58.40 feet, North 27 degrees 56 minutes 35 seconds East 49.86 feet, Notch 19 degrees 55 rnioutes 35 seconds Fast 51.75 feet, North 24 degrees 01 minutes 35 seconds East 47.87 feet, and North 23 degrees 24 minutes 35 seconds East 88.85 to the terminus, located Norte 84 degrees 21 minutes 05 seconds East 73.02 feet from an existing leaf spring, the point of 13FOWNING of the herein described 0.558 acre tract. Tracts 11 and 12 vested in Cranberry Commercial, LLC: Tract 11: Tract G, being Tax Parcel 1825-00-66-1732; and Tracts H I J K and L, being Tax Parcel 1828-00-56-9917 BEING ALL OF TRACTS G, H, 1, J, K, and L, as shown and more fully described on that certain plat (referred to herein as the "Fuller Plat"), containing six sheets, prepared by Robert Keith Fuller, PLS L-4753, dated February 18, 2009, being job number 09225, and being recorded in Plat Book 41 at Pages 229, 230, 231, 232, 233, and 234 of the Avery County Registry. This conveyance is made subject to the following: 1. Right -of -Way of Blevins Creek Road (NCSR 1361) 2. Riparian Rights to the uninterrupted flow of Blevins Creek as shown on the Fuller Plat. 3. Mountain Electric utility easement as shown on Fuller Plat. Tract 12: Lots 1 and 2 and part of 19, being Tax Parcel 1828-00-57-2277-0000) BEGINNDIG on a stake in the margin of U.S. Highway 29E 30 loot from the center and 20 feet mouth 50 degrees from Ernie •s corner and rvna North 35 dees Ball KttR;; Fi Streot 1'SQ f%g�t eto aQst ke at Jhr:f orner of 1FA thenc hoy�o rarddiJroTmLotatAos. lt3eand to )�ience 11t 19 to a stake in said line; thence mouth 35 degrees we t 150 feet to a stake i» the margin of U.S. Highway 291, Jr, feet frm the conter of said bfgh� thence north 50 degrees wont 100 feet to the be Inning corner. being a lot 100 feet by 250 feet iLnd don noted as Lots Nos. 1 and 2 and part of No. 19 on pllat prepared by J. A. Taylor in Block No. 2. excepting however from this conveyance, tho right- of-way of Now Highway 19E. Excepting and reserving any rights of way or easements of record. Book 597 Page 333 Tracts 13, 14, 15, and 16 vested in Mimosa Ridge, LLC Tract 13: BEING all of Lot 29 (1.68 acres) of Cranberry Creek Estates as shown on map of survey prepared by Jerry L. Ball, RLS L-3108, dated July 25, 1997, and recorded in Plat Book 36, Page 15, Avery County Registry. This property is made subject to the Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046; as re -recorded in Book 307, Page 360; and amended by that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, and as may be amended from time to time thereafter. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. Tract 14 : BEING all of LOT 30 (3.20 acres) of Cranberry Creek Estates as shown on map of survey prepared by Jerry L. Ball, RLS L-3108, dated July 25, 1997, and recorded plat in Plat Book 36, Page 15, Avery County Public Registry. Also conveyed herewith for the benefit of Lot 30 of the Subdivision, and excepted from said Lot, is an easement appurtenant to the Property which is a perpetual easement for a private road for ingress, egress and regress over, under and across the easement for access from Bear Paw Road to Lot 30. The easement is 30 feet in width. Use of the easement is not confined to present uses of the Property, the buildings which are located on the Property at this time, or present means of transportation. This easement is located and more fully described in that certain Deed of easement recorded in Book 379, Page 1116 of the Avery County Registry. This property is made subject to the Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046; as re -recorded in Book 307, Page 360; and amended by that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, and as may be amended from time to time thereafter. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. Tract 15: Book 597 Page 334 Lot 28R: BEING all of Lot 28 Revised (9.440 acres) of Cranberry Creek Estates as shown on a map of survey prepared by Robert K. Fuller. PLS L-4753, dated January 24. 2014 and titled "Final Plat of Subdivision of Lot 28 for Cranberry Creek, LLC" and further described as: BEGINNING at a P.K. nail set in the Northeast comer of Lot 28 and a common corner with Lot 31 and also in the center of a 45' gravel right-of-way known as Cranberry Lane; thence S 66 18'09" W 73.63' feet to a point; thence N 6550' 51" W 28.64' to a point; thence N 1943'51" W 17.76' to a point thence N 2545' 09" E 77.76' to a P.K. nail set in the center of Cranberry Lane; thence N 8U 37' 59" W 16.98' to a P.K. nail set; thence N 7551' 47" E 101.90' to an existing''/2" conduit; thence S 7S54' 21" W 646.9P; thence S 7554' 21" W 66.92' to a P.K. nail set; thence S 4612' 00" E 28.41' to a point; thence S 2526'00" W 25.79' to a point; thence S IZ27' 00" W 24.80' to a point; thence S 619' 00" E 128.96' to a point; thence S 45'38' 00" E 27.32' to a point; thence S 79124' 00" E 103.48' to a point thence S 73'33' 00" E 45.33' to a point; thence S 6550' 00" E 53.56' to a point; thence S 5624' 00" E 69.78' to a point; thence S 4433' 00" E 73.88' to a point; thence S 5254' 00" E 116.61' to a point, thence S S8'01'00" E 90.41' to a point; thence S 5Z00' 00" E 62.32' to a point; thence S 58'22' 00" E 103.96' to a point; thence S 55'57' 00" E 102.03' to a P.K. nail set; thence N IS 18' 29" E 32.08' to a 5/8" rebar set; thence continuing on the same line 714.67' to a 5/8" rebar set; thence continuing on the same line 28.18' to the BEGINNING. This property is made subject to the Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046; as re -recorded in Book 307, Page 360; and amended by that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, and as may be amended from time to time thereafter. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry. Tract 16: Lot 31R: BEING all of Lot 31 Revised (6.306 acres) of Cranberry Creek Estates as shown on a map of survey prepared by Robert K. Fuller, PLS L-4753, dated January 24, 2014 and titled "Final Plat of Subdivision of Lot 31 for Cranberry Creek, LLC" and further described as: BEGINNING at a common comer of Lot 31 and Lot 42 in the center of a graveled 45' right-of- way, known as Cranberry Lane, thence N 4,C32' 51" W 23.34' to a point; thence N 13'40' 5 t" W 60.38' to a point; thence N 26 13'51" W 28.16' to a point; thence N 3957' 51" W 37.90' to a point; thence N 7S37' 51" W 264.97' to a point; thence S 48,21' 09" W 42.12' to a point; thence S 5521' 09" W 24.71' to a point; thence S 6618' 09" W 73.39' to a P.K. nail set; thence S 13' 18'29" S 28.18' to a 5/8" rebar set; thence continuing on the same line 714.67" to a 5/8" rebar set; thence further continuing on the same line 32.09' to a P.K. nail set in the center of a 60' paved right-of-way known as Bear Paw Road; thence S 5.757' 00" E 115.21' to a point; thence S 4619' 00" E 25.33" to a P.K. nail set in the center of Bear Paw Road; thence N 3513, 13" E 30.33' to a 5/8" rebar set; thence continuing on the same line 821.57' to a 5/8" rcbar; thence N 44 59' 06" E 22.50' to a point at the BEGINNING. This property is made subject to the Declaration of Covenants, Conditions and Restrictions as recorded in Book 302, Page 1046; as re -recorded in Book 307, Page 360; and amended by Book 597 Page 335 that First Amendment and Supplementary in Book 398, Page 946; and further amended by that Second Amendment and Supplementary in Book 424, Page 231; and amended by that Third Amendment and Supplementary in Book 438, Page 2382 as corrected and re -recorded in Book 439, Page 1946, all of the Avery County Public Registry, and as may be amended from time to time thereafter. Subject to the Road Disclosure Statement recorded in Book 304, Page 283, Avery County Registry.