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HomeMy WebLinkAboutNC0080098_Permit Modification_20051018Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 18, 2005 Mr. Thomas Dunks Manager Blue Ridge Country Club & Resort, LLC PO Box 305 Linville Falls, NC 28647 Subject: NPDES Permit Modification -Name and/or Ownership Change Permit NCO080098 Blue Ridge Country Club W WTP McDowell County Dear Mr. Dunlea: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on September 21, 2005. This permit modification documents the change in ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 733-5083, extension 520. Sincerely, V►' W. Klimek, P.E. cc: Central Files Asheville Regional Office, Surface Water Protection NPDES Unit File Non -Discharge Pemtitting Unit N�am�`ttCaro a �vatura�y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.em.statenc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50 % Recycled/l 0% Post Consumer Paper c Permit NCO080098 STATE* OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Blue Ridge Country Club & Resort, LLC is hereby authorized to discharge wastewater from a facility located at the Blue Ridge Country Club WWTP U.S. Highway 221 near Ashford McDowell County to receiving waters designated as the North Fork Catawba River in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 18, 2005. This permit and authorization to discharge shall expire at midnight on December 31, 2009. Signed this day October 18, 2005. (4o4&u elyAW/W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO080098 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the pem-tit conditions, requirements, terms, and provisions included herein. Blue Ridge Country Club & Resort, LLC is hereby authorized to: 1. Continue to operate an existing 0.025 MGD wastewater treatment system with the following components: ♦ Influent flow meter ♦ Equalization tank ♦ Dual path aeration tanks ♦ Dual path clarifiers ♦ Tertiary filters ♦ Chlorination & dechlorination This facility is located at the Blue Ridge Country Club WWI? on U.S. Highway 221 near Ashford in McDowell County. 2. Operate a water reclamation and distribution system to provide beneficial reuse for treated effluent from the treatment plant, as approved pursuant to the Non -Discharge Permit WQ0012073. 3. After obtaining an Authorization to Construct from the Division construct and operate a 0.202 MGD wastewater treatment facility. 4. Discharge from said treatment works at the location specified on the attached map into the North Fork Catawba River, classified C-Trout waters in the Catawba River Basin. _.r u n State Grid/Quad: D11NW/Linville Falls Latitude: 35' 35' 26"N LonOtude-. 81° 56' 08" W Reedvicy Shemrc North Fork Catawba River Sub -Basin: 03-08-30 ihnineee Basin: Broad River stm chm: C-Tr North Permit NCO080098 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration or expansion beyond 0.025 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: E,Ff:LUE Txa �, r . MF. E'm�:-�yAi' <:t".':=3fry�"Sli�*P # �i:F.:;..: �t LIMITS 3 ah- 1 � .SRq,;,.. � �R .; k,� _ z a' MONITORING REQUIREMEItS , P, .3� .. .� i y i` i -�, j i 7ppR ^^.... :. x. x:: -, :.0 AIY, .STIC' ..,..: r� ... .. , .i� 'y ..a.:k : _. ::. ����� « IYy�i XS .7! i 1. 'i r`J- ri!:-::l::k:SS cr.=•;,•1.:..: +f •�:"S 1� "�t,A l:u 93 ! 3... 7 f ii k. . r , ,; a �i. _ ? L `� q _. i4 �I,i ; 1f :... xCi' - r;._i- .... i .Ei. _ i S. 1! I:`..ii 'k .ti 3 1 x.a "f { 3 +'� ,. R « s,.: .d.:at-. r f �. `s .,s...::�.�.-. �x,�+,-.....1:..>....,!�-r:lti ..,,,,�S..z!:I..>•,.: r,: xW :A�,. :.. v:; .!.I,,x„ -.1: , 5.: .IT x .1; ^M 'E i `i+ I ' Dad[�. .Y ,C ; r : D 7 Y` _.x%: .. ->.r. Sx - t :1 .-_o s ..�•,�>. � x,aS i ?f ..:.:.. ..,--<.. '.v c:s.i.> a i" asurement. _... Y TC:F Y. 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Ix. r Flow2 0.025 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) (April 1- October 31 5.0 mg/L 7.5 mg/L Weekly Composite Effluent BOD, 5-day (204C) November 1- March 31 10.0 mg/L 15.0 mg/L Weekly Composite Effluent Total Suspended Residue 5.0 m 7.5 m Weekly Composite Effluent NH3 as N (April 1- October 31 2.0 mg/L 10.0 mg/L Weekly Composite Effluent NH3 as N November 1- March 31 4.0 mg/L 20.0 mg/L Weekly Composite Effluent Dissolved Oxygen3 Weekly Grab Effluent Upstream & Downstream Fecal Coliform(geometric mean 100 / 100 ml 200 / 100 ml Weekly Grab Effluent Total Residual Chlorine 17 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent Upstream & Downstream Total Nitrogen NO2+NO3+TKN Semi-annually Composite Effluent Total Phosphorus Semi-annually Composite Effluent Oil and Grease 30.0 m 60.0 m Weekly Grab Effluent H4 I I Weekly Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = 1 mile downstream from the outfall. 2. The permittee shall monitor the flow to the river and the flow diverted to the irrigation system. Only the flow to the river shall be reported on the monthly DMR 3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO080098 A. (2.) EFFLUENT LD&ITATIONS AND MONITORING REQUIREMENTS During the period beginning upon expansion to beyond 0.025 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: :g ':f' • ..f 4 _?' •'6 •4a:. , ye u ._�.i.:..... ° ,;.f v.::: i�.:� �.� -. �. S... x'"1 f I�< i Y !; 'ir 1_.:if.{ ....N::LIMITS: x,.� .....= M :i . ,4 ... s . ..: . t �' k ..5, . ^' i. , f LONITO:RING; .... :..� : REQU RELENTS 1 - �. -,,' l�lonthi .-.T.:�. �-.:.Ix..rf,-A.: r u;.• a..:... r Dat , , _. , flea: re � p :...,Zlf 1 ;. Fs : !»: yti:g nSr� 1 damr�tQ��1,,, , , :.�: rys. v/� A , Sa . re n� j'..h 7-In•. —;:: Iy,t-i. �" "� %nx. 1i .. ..:• • E Y, 01I A3AGTf RISTICS •: k:n <...:;... .��::;....-1, • .. ,.. �.....n.:•::: .. x ,r. s...:... x� . , .w r",;, .:: �� F < . � > Avgra e ; .., T,. .. «'. Lax mum, .:... _ 'f ,. .. !:i * .t,;Fre aenc ,1E ,ji 11A1•�`,. il.. '1:. t...I .:T a r.. �. ....: I., �� focatontl. , ,,, �'. Flow2 0.202 MGD Continuous Recording Influent or Effluent BOD,- 5-day (20°C) 5.0 mg/L 7.5 mg/L Weekly Composite Effluent (April 1— October 31 BOD, 5-day (204C) 10.0 mg/L 15.0 mg/L Weekly Composite Effluent November 1— March 31 Total Suspended Residue 5.0 m 7.5 m Weekly Composite Effluent NH3 as N 2.0 mg/L 10.0 mg/L Weekly Composite Effluent (April 1— October 31 NH3 as N 4.0 mg/L 20.0 mg/L Weekly Composite Effluent November 1—March 31 Grab Effluent Dissolved Oxygen3 Weekly Upstream & Downstream Fecal Coliform(geometric mean 100 / 100 ml 200 / 100 ml Weekly Grab Effluent Total Residual Chlorine 17 2/Week Grab Effluent Grab Effluent Temperature (2C) Weekly Upstream & Downstream Total Nitrogen Semi-annually Composite Effluent NO2+NO3+TKN Total Phosphorus Semi -annuals Com osite Effluent Oil and Grease 30.0 m I 60.0 ma Weekly Grab Effluent H4 I I Weekly Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream fi om the outfall. Downstream = 1 mile downstream from the outfall. 2. The permittee shall monitor the flow to the river and the flow diverted to the irrigation system. Only the flow to the river shall be reported on the monthly DMR 3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO080098 A. (3.) Schedule of Compliance 1. The non -discharge components of the treatment system shall be repaired within one year of permit issuance. A progress report shall be submitted to the Division 6 months after the issuance of the permit. This report shall include a summary of the repairs and a construction schedule. If any component of the treatment system is replaced for a different size or capacity, an Authorization to Construct shall be submitted to the Division. 2. Upon completion of the repairs to the spray irrigation system, Blue Ridge Country Club & Resort, LLC is allowed to discharge to surface waters from November 1 to March 31 and when the spray system is not useable. A. (4.) Phased Construction Condition Plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the currently installed (0.025 MGD) facilities. At no time may the flow tributary to the facility exceed the existing design capacity. CooBURN GOOSMANN BRAZIL & RosE, P.A. ATTORNEYS AT LAW CENTRAL AVENUE PROFESSIONAL PARK STEVEN D. COGBURN 77 CENTRAL AVENUE, SUITE H (28601) MAX O. COGBURN GEORGE F. GOOSMANN, JR. (1927-2002) W.O. BRAZIL, = POST OFFICE BOX 7436 JOHN R. ROSE ASHEVILLE, NORTH CAROLINA 28802 MAX O. COGSURN, JR. WILLIAM K. REED TELEPHONE (828) 258-0150 PHILLIP C. PRICE 26 8-1305 PATRICIAL.ARCURI C(OF, i0 firm.com FRANK J FRANK J. CONTRIVO, JR. April 15, 2005 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Point Source Branch Attn: Valery Stephens 1617 Mail Service Center Raleigh, North Carolina 27699-1634 Dear Ms. Stephens, Mailed via USPS on y�s� Overnight via on Client Pickup on I am writing to inform you that the property serviced by the attached permits have been transferred to a new owner, Blue Ridge Country Club & Resort, LLC. I have enclosed a PERMIT NAME/OWNERSHIP CHANGE FORM with this letter. Please forward any information and future correspondences with respect to this matter to: Blue Ridge Country Club & Resort, LLC. Attn: Frank Keating Post Office Box.305 Linville Falls, NC 28647 All future permit notices and permit renewal applications should be forwarded to the herein referenced address. Please contact me if you have any questions or concerns. Sin ely, t William K. Reed, Attorney �I SEP 2 1 2005 C'"111Y� LA TEA WATER Permit Number: NBC/Q/Q/_�/Q/Q/4/—&/ or Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources SECTION Certificate of Coverage Number: NBC/G/_/_/_/_/_/_/ Permit holder's name: Blue Ridge Country Club Develolxnent LLC 2. Permit's signing official's name and Alan W. Klimek, P.E. Director, Division of Water Quality � ��od�i11 SEP 2 1 2005 legally responsible for President (Title) 3. Mailing address: 394 Hunnicut Mountain Road, City: Marion, State: N.C. Zip Code: 28752 Phone: ( 828 ) 756-4214 NEW OWNER/NAME INFORMATION: 1. This request for change is a result of: _ Change in ownership of company X Change in ownership of property/facility Other (please explain): 2. Owner Information _ Name change for company Name change for property/facility Company or Owner Name: Blue Ridge County Club & Resort, LLC. (name to be put on permit / certificate of coverage) Owner's/operator's or signing official's name: Thams Dunl ea Title: Mmber/Manager Company Contact: Frank Keating Title: Mmber/Manager Owner Mailing address: Post Office Box 305 City: Linville Falls State: WC Zip Code: 28647 Phone:( 828) 712-1092 E-mail address: thomas.dunlea@thosgoodall.ie 3. Facility Information Facility Name: Blue Ridge Country Club WWTP Facility Contact: Frank Keating Title: Plmber/Manager Facility Mailing address: Post Office Box 305 City: Linville Falls State: NC Zip Code:_ 2f1Fi47 Phone:( 828) 719-1n92 E-mail address: therms dunlea@thosgoodall ie SWI1-239-102501 PERMIT NAME / OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. Lj i REQUIRED ITEMS: 1. This completed application 2. Legal documentation of the transfer of ownership (such as a contract, deed, articles rof incorporation) Certification must be completed and signed by both the current -permit holder and the new applicant in the case of change of ownership. For name change only, complete and sign the application certification. Current Permittee's Certification: I , attest that this application for coo/ownership change has been reviewed and is rate and complete to the best of my knowledge. l 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:i. - G1�91�1z_e h-.29= - Date: Applicant's Certification: I, Thomas Dumled 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 r turned as incomplete. Signature: Date: ice„ bjw-.bA 11" Ave , X-oo5 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, I SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DENR / DWQ / Point Source Branch Attn: Valery Stephens 1617 Mail Service Center Raleigh, North Carolina 27699-1617' SWU-239-102501 Name and Ownership Change Form Subject: Name and Ownership Change Form From: Frances Candelaria <Frances.Candelaria@ncmail.net> Date: Tue, 11 Oct 2005 09:29:59 -0400 To: thomas.dunlea@thosgoodall.ie We received a Permit Name/Ownership Change Form for Permit #NC0080098 (Blue Ridge Country Club Development LLC) from William K. Reed, Attorney. We have requested legal documentation which is required to be submitted with this form. Mr. Reed has not responded to our request to date. I am informing you we are unable to change the ownership on this permit until we receive the required documentation. If you have any questions or concerns on this matter you can contact me at 919-733-5083 Ext. 520. Frances Candelaria Point Source Branch NCDENR/DWQ 1617 Mail Service Center Raleigh, NC 27699-1617 1 of 1 10/11/2005 9:31 AM COGBURN GOOSMANN Fax:2580223 Oct 12 2005 15:02 P.01 C0013UR.N GOOSMA.NN BRAZIL & $Osa, P.A. ATTORNEYS AT LAW CENTRAL AVItNUC PROr MSPIONAL PARK MAX O, COOPURN 77 CI HYRAL Aww.Nuz, AurrK m Bianco) TaLRdMONC tamp) nice -ciao aTEVEN D. COOGURN 060gOC I 0009NNNN, JR. POSY or1'IC6 909 7436 iACOMIL6 1@126) alG9-130n W.O. IMPAZIL, = U-NAIL: 1n109CQA11MWjjrInl.00r11 JO"N q. AO96 ASHBvILL6, NOA7H CAROLINA 1Z68OR WILLIAM K. IZIZWV P"ILL.IP C. PRICE PATfltCIA L. An Cunt ANORCW J. 9^NTAN16LLo FRANK J. COMTnivO, Jp. Number of Pages: (Including Covet) Date: To: T-nx Dialed: F,A,CSxMLE COVER PAGE -Z,0015 2Rr1 cG5 ,J Fronn: 'William K Reed r Ill.LA4 Regarding. w . J IF ALL PAGES ARE NOT RECEWED OR THERE IS A PROBLEM WITH THIS TRANSMISSION, PLEASE CALL (828) 258--0150 AND ASK FOR WELLIA.M REED NOTE: THE INFORMATION CONTAINED IN THUS TRA.NSNISSIONIS AXICORNE' Y PEMV MGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE NA,IVLE.D 1�GG11'1lsN'.I'. lr '111.13 READER IS NO'!" 1'I•LE NAMED RECIPIENT, YOU ARE IIEREBY NOTIFIED '11 tAT11NYUSL DISSEMINMIC N OR C'C)I'Y OF j,j-1S'1'RANSM*ISSION IS STRICTLY PRO11101 I"ED. IF YOU IIAVE 1",L•'CEIVa`D TIES C'.OMMUNICA110N IN EIMOR, PLEASE NOTIFY. US ININIEDI.AT LY I3Y TI',I.EPRONI Arlie RETURN THE OIUGINAL IvILSSAGE TO US A;r THE ADDRESS A'I TIU7 TOP OF 'I111S PAGE VIA UNITED STATES POSTAL SERVICE. THANK YOU. (Pape 1 of 9) COGBURN GOOSMANN Fax:2580223 Oct 12 2005 15:03 P.02 Book 818 Page 110 2005002365 "man" Cc, Ice pas t3s.00 VrAn or ft V= lzrara era M$Z400.00 a4 1005 01:17:37 PK patrlCle A. am NMI"" assr: loam AMR otru+nr '= BK: CRP 819 PC:110-117 Excise Tax $2,400,00 Recotdlno 1IMN "ON and POOO Tom Lai Na. Verified by, by Paicel Idiallflif No. County on the day of . 20 �%d W ail fter recording to u.4� . IPA- 'It2 Cc �-1 fib"'°.. , �s instrument was prepared by W. Hill Evans Atty at LoW, Marion, NC No Title Examination Made/WHEdhw Brief Description for the index I North Cove Townshi NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made AQN 4. 2005 by and between GRANTOR BLUE RIDGE COUNTRY CLUB DEVELOPMENT, LLG a North Carolina Limited LlabilltY Company GRANTEE BLUE RION COUNTRY CLUB MP RESORT, LLC s Nwth Carolina LJtrhed Llsblilty Gavany c/o William K. flood 77 Central Avenue Ashavl1a, NC 28801 Enter in appropriate black for each party: name, eddrees, and, if appropriate, character or entity, e,g,, cerporatlon or partnigiihip. , The designation Grantor and Grantee as used herein shall include Bald ponies, their hairs, sueceascre, and assigns, and shell include singular, plural, masculine, feminine or neuter as required by context. WITNES8ETH, that the Grantor, for a veluable eonalderation paid by the Grantee. the receipt of which Is hereby acknowledged, het and by these presents does grant, bargain, sell and convey unto the Grande in fas simple, fir that certain lot at parcel of land situated In the City of n/e, North Cove Townshlp, "awsll Coulity, North Carolina and more particularly described as follows: MMcl j: BEING all of the lands described In that certain Deed of Trust dated Fcbr+craby 4,1994 froca Blue Ridge Country Club I, Ltd. to Mr. Job* L ftblgtt, Ttu:itee fbr per Ivan Lunidber , of reaelverlo>r INK levant, AB, and recorded In Book /i68 at page 831, and being the same Inds described as Bluc1Rldge Country Clab Subdivision in that certain Deed dated February 4,1994 from Blue Ridge Holdinp United Partuenblp to Blue Ridge Country Club 1,Ltd., and recorded inBook468 at page 81S, McDowell Coa:,i<ta► RegisterofAeads. �: Being Tracts Two and Seven described in that certain Modification ABrc=gmt dated Jaausry 341 1997 ftm Bius Ridge Country Club I, Ltd, to Per Ivan Lundberg all of elver of IM Iawent AB and Jobe K. Nobittt, Trustee, recorded in Boole 533 st page I8Z, McDowell County Register of Deeds. vo oAO TAXOP r OR CRC► N.C. Be •swo, Fa,m No. i ° 1177 Meal ti Ailhw ,^t wtpk ft N.C. ur Auoe. 003 (Pogo 2 o1 9) COGBURN GOOSMRNN Fax:2580223 Oct 12 2005 15:03 P.03 Book 819 Page w CRP 819 Ill BEING Lot #154 described in that certain Deed of Trust dated February 19,1999 from Blue Ridge Country Club I, Ltd, to Mr. John R. Noblitt, Trusee for Per Ivan Lundberg, as receiver for IM Invent AS, and recorded In Book 593 at page 185, and being the some lands described In that certain Deed dated February 19,1999 from Michael W. Dickinson et ax to Blgo Ridge Club Country Club I, Ltd, and recorded in Book 583 at page 183, MkDowetl County Register of Deeds. There is excepted from the lands conveyed above the property described In the following conveyances: 1) Deed to Richard M. Stubar and wlfe, Jean S. Stuber, and recorded in Baok 428 st page 278, McDowell Ceimty Register of Nods for Lot #164, coatalniug 0.88 acra. 2) Deed to Robert C. Hunter and wife, Nagty H. Hunter, and recorded In Book 428 at page 390, McDowell County Resister of Deeds for Lot 0160, containing 0.77 saw. 3) Deed to Michael N. Whisenant and wife, Joy S. Whisenant, and recorded In Book 428 at page 5740 McDoweIl County Register of Deeds for Lot #165, containing 0.71 acres. 4) Deed to William P. Sherwood and wife, Bonnie K. Sherwood, and recorded In Book 428 at page 742, McDowell County Register of Deeds for Lot #4, containing 0.52 acres. 5) Deed to Nicholas M. Greene and wife, Janis W. Greene, and recorded in Book 429 at page 90, McDowell County Register of Deeds for Lot 0681 containing 1.10 acm. 6) Deed to Troy Clark and wife, Bette Clark, and recorded is Book 429 at page 899, McDowell County Register of Deeds fbr Lot 48, contalolns 0.62 acres. 7) Deed to Julie L. Smith, dated October 8, 1991, and recorded to Book 413 at -page 105, McDowell County Reestcr of Deeds, containing 130 acres - oho at Contract recorded is Hook 413 at page 615. (This is not Included In the metes and bounds description.) 8) Deed to Wflllmn E. Southard and Rife, Barbra M. Southard, and recorded in Book 431 at page %4, McDowell County Register of Deeds for Lot 410, wataining 0.91 oem. 9) Dead to L. V. Brooks, sad recorded In Book429 at pap 99S, McDowell County Register of Deeds fbr Lots #45 & 46, containing 1.41 acm. 10) Deed to Albert V. Tommy and wife, Barbars A. Tommey, and retarded In Book 437 at page 320, McDowell County Register of Deeds for Lot 019, containing 0.41 sorer. 11) Deed to Paaocla G. Gads, and recorded In Book 437 at page 433 and re -recorded in Book 437 at page 858, McDowell County Register of Deeds tar Lot 042, containing 0.15 acres. (gee Aced Book 907 at page 575, to McGill AmOntes, PA.) 12) Deed to Billie Ruth Arrowood, and recorded In Book 439 at page 755, McDowell County Register of )Deeds for Lot 032, containing 0.57 aches. 13) Deed to Russ A. McNutt and wife, Ana McNutt, and recorded in Hook 467 at page 693, McDoweIl County Register of Deeds, containing 1.64 sera. 14) Dcad to Carolyn Estelle Gunter and husband Danny Gunter, and recorded in Book 413 at page 161, Mebowell County Register of Deeds, containing 3.60 acres, 15) Deed of Trust recorded in Book 440 at page 612 and Dad dTrust recorded In Book 440 at page 615, McDowell County Register of Deeds for Lots A67,1A 169, 170,171,172.173 and 174, of Brae Ridge Country Club Subdivision. 16) Deed to Constitution Ca pital Corp., and recorded In Book 487 at page 833, McDowell County Rogtster of Deeds for Lot 01 Phase II, containing 0.58 acres, plat Book 4 page 416 (now Lot #199, Plat Book SA page 46). 17) Deed to Constitution Capital Corp„ and recorded in Hook 487 at page 837, McDowell County Register of Deeds for Lot Alt, containing 0.53 acres„ Plat Book 4 page 411(now Lot #196, Plat Book SA page 46). (Sm Reletlse Deal recorded In Book 591 of page 378.) 19) Deed to Ralph McNaugbton, and recorded in Book 498 at page 839, McDowe(1 County Register of Deeds for Lot M3 Phase 1, containing 0.53 acres,. (Sec Release Deed recorded inSook 498 page 833.) 19) Deed to Ph;I D. Holddn, and retarded In Rook 337 at page 812, McDowell Cougry Register of Deeds for Lot NS, Plat Book 4 page 412, containing 0.64 acres. (Sae Release Deed recorded in Book S37 page 810.) 20) Deed to Carlos Capone, and recorded is Book 579 at page 803, McDowell Cau4ty Register of Deeds for Lot 19, containing 0.75 acres. (See Release Deed recorded in Book S78 page 651) 21) Deed to'WilUam Bled , and recorded to Book $27 at page 302, McDowell Coumo Register of Deeds for Lot N11, Plat Book 4 pegs ells, containing 0.63 arras. (See Release Dead Bobk SU page 300.) 22) Deed to William Sled , and recorded In Book S32 at page 17.s, McDowell County Register of Deeds for Lai 012, plat Book 4 page 412, containing 0.61 acres. (See Release Dead Boak 532 page 122.) 23) Deed to William Btell , and recorded In Book 532 at page 129, McDowell Coumity Register of Deeds for Let 013,Plat Book 4 page 412, containing 0.64 acres. (See Release Deed recorded In Book 532 page 126.) N.C. Re► Agoc Fam No 3. 1077 No" 0V A VM4 WKIN tM N.C. Ia Anew. Om CO&BURN OOOSMANN Fax:2580223 Oct 12 2005 15:03 P.Od (Page 3 of 9) Book 819 P596 112 CRP 819 112 24) Deed to Charles Lalin, Trs., and recorded in Book 510 at page 120, McDowell County Register of Deeds for Lot 1l14, Plat Book 4 pads 412, containing 0.53 acres, (Site Release Deed recorded In Book 5i0 page ill.) 25) Deed to Edwin R. Bluldsell, and recorded In Book 521 at page 895, McDowell County Register of Deeds for Lot #16, Flat Book 4 page 412, contsialag 0.40 acres. (Sae Relcase Deed recorded lit Book 521 pace 993.) 26) Deed to Florida Radiology Assoc, PA Pension, sad recorded in Book 503 at -page 784, McDowell County Register of Deeds for Lot 017, Plat Book 4 pace 414, containing 0.42 acres. (See Release Deed recorded in Back S03 page 782.) 27) Deed to BJ Harris, sad recorded fur Book S00 at page 843, McDowell County Regimer of Deeds for Lot #20, Plat Book 4 page 412, containing 0.84 acres. (Sae Release Deed recorded in Bock 500 page 847.) 28) Deed to Blue Midge Advance GP, and recorded in Book 615 at page 388, McDowell County Register of Deeds for Lot 021. Plat Book 4 page 412, containing 0.50 acres (now owned by Paul C. McClintock, Deed Book 615 at page 921.) (See Release Deed recorded In Book 615 page 396.) 29) Deed to Blue Ridge Advance GP, and recorded in Book 615 at page 388, McDowell County Register of Deeds for Lot 022, Plat Hook4 page 413, containing 0.50 zeros (now owned by Paul C. McClintoalc. Deed Book 615 9t page 821). (See Release Dead recorded In Book 615 pap 386.) 30) Deed to Paul C. McClintock, and recorded in Book 615 at page 921. McDowell County Register of Deeds for Lot 023, Plat Book 4 page 412, contsining 0.59 acres. (Bea Release D&d recorded in Hook 616 page 439.) 31) Deed to Michael Cohen, and recorded In Book 572 at page 214, McDowell County Register of Deeds forLoI N24. Plat Book 4 page 412, containing0.63 acres. (See Release Deed recorded in Book572 page 212.) 32) Dew to Florida RsldioloV Aitat= Fri Peniien, and recorded On Hoak 501 at page 408, NeDowell County Register of Deeds for Lot 025. Plat Book d page 412, contakIng0.81 acres. (See Release Deed recorded In Book 501 page 406.) 33) Deed to Keaastli Zzell, and recorded In Book 502 of page 901, McDowell County Register of Deeds fbr Lot 028, plat Book 4 page 412, containing 0.66 acres. (flee Release Deed recorded in Booksox page 899.) 34) Deed to Lloyd Cllflon,T r., and recorded in Book 499 atpage 661, McDowell County RegisterofDeeds for Lot 029, Plat Boon 4 page 412, containing 0.32 acres. (gee Release Deed r1m*rded In Book 4" page 659.) 35) Deed to John Ford, and recorded in Book 615 at page 971, McDowell County Register of Deeds fbr Lots 030 & 31, Phase IA, Plat Boole 4 page 411, containing 1.00 acm. (bee Release Deed recorded in Book 619 page 1169.) 36) Deed to Constltution Partnerti,, lne., and recorded in Book 615 st psge3849 McDowell County Register of Deeds for Loll 033 & 34, Plat Book 4 page 412. contsialag 1.79 aces. (See R4lcase Deed recorded In Book 615 page 3B2.) 37) Died to G►46cge Cll(tan, adil retarded in Book S02 at p*se 897, WD5will Qw41y Rioter of Deeds for Lot #35, Plat Book 4 page 412, containing 0.51 acres. (See Release Dood recorded in Book 502 page 895.) 38) Deed to lames G. Byington, and recorded in Book 513 at page 344, McDowell County Register of Deeds for Lot #38, Plat Book 4 page 412, containing 0.70 acres. (Sce Release Dded recorded in Hook 513 pace 342.) 39) Deed to bred Griffin, and recorded in Book 611 at page 139, McDowell County Register of Deeds for Lot #40, Plat Book 4 page 412, contabdng 0.80 scrta. (See Release Deed recorded in Book 611 page 137.) 40) Deed to James Wbito, and recorded In Boole 5" at page 276, McDowell County Register of Deeds for Lot 043, Plat Book 4 page 412, 4ontafiking 0.56 set'et. (Snit Release Deed record in Book 566 page 274.) 41) Deed to Michael W. Dickinson, and recorded In Rook 593 at page 188. McDowell County Register of Deeds for Lot 047, Plat gook 4 page 412. containing 0.70 acres. (Bee Release Deed recorded to Book 583 page 181) 42) Dead to Columnar Concepts Corp., and recorded in Beok 510 at pass 116, McDoWeIl County R0&1er Of Deeds for Lot 0509 Putt Book d page 413, eontaining 0.75 exres. (See Release Doad recorded In Book St0 page 114.) 43) Deed to Sohn Fleminggemadridec. and recorded is Book 595 at page 844, McDowell County Re hter of Deeds for Lot 051, Phase JA, Plat Book 4 page 432, containing 0.69 acres. (Bee ltelrcase Deed recorded in Book 595 page 842.) N.C. fu AM* iwm No. 1411977 "Wad Or AW~j "dill 0-. M C Au A...c moo COGOURN GOOSMRNN Fax:2580223 Oct 12 2005 15:03 P.05 (Pace s o1 9) Book 819 Pape 113 CRP 819 113 44) Deed to Carolyn B. Cagle, recorded in Book 608 at gags 3591 McDowell County Register of Deeds for Lot 052, Plat Book 4 page 413, containing 0.62 serer. (See Release Deed recorded in Book 609 page 357.) 45) Deed to William Roessler, and recorded In Book 359 at pmge361, McDowell County Registerof Deeds for Lot 093, Plot Book 4 page 412, containing 0.70 acres. (Bee Releate Deed recorded In Back 559 page 359.) 46) Deed to Charles Loft, mad recorded to Book S10 at page 124, McDowell County Register of Deeds for Lot 0541 Plat Book 4 page 412, containing 0.96 acres. (Bee Release Deed recorded In Book $10 page 122.) 47) Deed to Sbelda Sable, and recorded in Book 505 at page 137, McDowell County Register of Deeds for Lot 961, Plat Book 4 page 413, containing 0.79 acres, (Sea Relcm Dad recorded in Book 505 page 135.) 49) Deed to Paul Minbiole, and recorded in Book 510 at gage 474, McDowell County Register of Deeds for Lot 062, Plat Book 4 _page 413, containing 0.lf'1 mores. (See Release Deed deeorded in Book S10 pago 472.) 49) Deed to Cleveland Contractors, Inc., and recorded In Book 612 at page S8Z, McDowell County Register of Deeds for Lob #63 & 64, Plat Book 4 page 413, containing 136 acres. (See Release Deed recorded in Book 612 page 578.) 50) Deed to Charles W. Willits, and recorded in Back 510 at page 356, McDowell County Register of Deeds fbr Lot #65, Plat Book 4 page 413, containing 0.71 acres. (get Rolme Deed recorded in Book 510 page 354.) 51) Deed to Jaaocs Wbeeler, and recorded is Book 609 at page 363, McDowell Couply Register of Deeds for Lot 066, Plat book 4 page 413, containing 0.80 acres. (See Release Deed recorded In Book 608 page 361.) 52) Deed to Ward Britt, and recorded in Book S23 at page 54, McDowell County Register of Deeds for Lot #67, Plat Book 4 page 413, containing 0.31 siem. (Sao MOM Deed recorded In Book 522 p&Ze 52.) S3) Deed to Downing Blue Ridge, LLC, and recorded In Book 579 at page 88, McDowell County Register of Deeds for Lots #71, 72, A 73, Plat Book 4 page 413, containing 2.21 acres. (See Release Deed recorded in Book 579 page 86.) 54) Dced to John Kuykendall, and recorded in Book497 at page 4299 McDowell County Register of Deeds for Lot 074, Plat Book 4 page 413, containing 0.81 acres. (Bee Raton* Deed nwarded in Book 497 page 427.) 55) Dccd to Cleveland Contractors, Inc., mad recorded in Book 612 at page 590, McDowell County Register of Deeds for Lots #75, 76 & 77, Plat Book 4 page 413, containing 2.28 acres. (Bee Release Deed retarded in Book 612 page 578.) 56) Deed to William B & Marguerite Sehmink, and recorded in Book 610 at page 599, McDowell County Register of Deeds for Lots #78 & 79, Plat Book 4 gage 413, containing 1.97 acres. (See Release Deed recorded In Hook 610 page S97.) 57) Deed to Waynt Verderbcr, and recorded in Book'SZ7 at page 103, McDowell County RS&ter of Deeds for Lot 080, Plat Book 4 page 413. combining 0.74 acres. (See Release Deed recorded in look 527 page 101.) 58) Deed to John L.'Webb, and recorded In Book 503 at page 400, McDowell County Register of Deeds for Lot 051, plat Book 4 page 413, containing OSO acres. (See Release Deed recorded in Book 503 page 3994 59) Deed to Robert E. Faherty, and recorded in Book 498 at page 837, McDowell County Register of Deeds for Lot it83, Plat Book 4 page 413, containing 0.51 acres. (See Release Dried recorded in Book 498 page 831.) 60) Deed to JFG Jf C Properties, and recorded in Book $77 at page SW and re -recorded in Book 577 at page 810, McDowell County Reuter of Deeds for Lot MISS, Plat Book 4 page 353, containing 0.64 acres. (See Release Deed recorded to Back 595 page 3a8) 61) Deed to Russ McNutt, and recorded in Hook 490 at page 3360 McDowell County Register of Deeds for Lots #159 & 1660 Plat Book 4 page 415, contmfmh* X.53 acres. (See Release Deed recorded in Book 490 page 332 and Rook 490 page 334.) 62) Deed to .terry Kent, and recorded in Book 4117 at page 829, McDowell County Register of Deeds for Let 0161, Plot Book 4 page 415, containing 0.71 acres. (Bee Release Dead recorded in Book 487 page 921.) 63) Deed to Joseph Eiger, and recorded in Book 498 at pate 841, McDowell County Register of Deeds for Lot 0162, Plat Book 4 page 41S, containing 1.06 acres. (3ee Release Dead t+vcorded in Book 496 page 835.) H.C. d,r fit"e cam► No. a 0 4177 haew by 1W.w.•snt M.ii 1M M.C. Or Anne. $=a COGBURN GOOSMANN Fax:2580223 Oct 12 2005 15:03 P.06 (Pepe G or 91 Book 818 Page 11.4 CRP 819 114 64) Deed to Noe H. Park, and recorded In Book 537 at paage 260, McDow►eU Connty'Ro&ter of Deeds for Lot 0163, Pitt Book 4 page 415, containing 0.79 acres. (See Release Deed recorded in Boak$37 page 258.) 65) Deed to John Fsbcrty, told recorded In Book SOS at page 510, McDowell County Register of )Deeds ibr Lot #177, Platt Boole 4 page 41S, containing 1.09 acres. (lime Release Deed recorded in Book 505 page 508.) 66) Deed to James W. Reed, and recorded in Book 605 at page 734, MaDoaveil County Register of Deed* for Lot tl178, Plat Book 4 page 415, captaining 1,05 screw. (See Release Dead aWreorded in Book 522 page 674.) 67) Dad to John Franklyn Jobastono, and recorded to Book 545 at page 66l, McDowsm County Register of Deed* for Lot i1179, Phase 17 coutniniog 0.743 acres. (See Release Deed recortiled in Book 545 page 658.) 69) Deed to Blue Ridge Advance GP, and recorded in Book 61S at page 390, McDall County R4aer of Deeds for Lot #191, Plat Book SA page 45, containing 0.3S acres (formerly 404 413, Phase 11, Plat Book S page 9.) (Bee Release Deed recorded itr Book 615 page 386.) 69) Deed to BRCC 12 House, LLC, and recorded in Book S32 at page %, McDowell County Register of Deed* for Loot 4182, Plat Book SA page 45, containing 0.44 acres (formerly Lit #12, Phase U. Plat Book 5 page 9). (Bee Release Deed recorded In Book 532 page 94,) 70) Deed to John T. Ford, and recorded in Book 591 at posse 382, McDowell CountylRegister of Deeds ibr Lot 02A, Phase lA and Lot 4163 Phase 1A, Plat Book SA page 45. (8ee Ralsise Dead resardcd in Book 591 page 380 and Book 591 page 378.) 71) Deed to Tetmeyer Creighton, and retarded in Book 565 at page Sit, McDowe County Register of Deeds for Lot 0184, Plat Book SA page 43,, containing 0.43 sores (formerly Lot N 0 Phase 11, Pbt Baok 3 page 9.) (See Release Deed recorded in Book'567 page 13.) ' 72) Deed to Blue Ridge Advance GP, and recorded in Book 615 at page 390, McD*aU County Register of Deeds for Lot t1185, Plat Book 5A page 45, containing 034 acres (ibrm" Lot 09, phase lip Plat Book 5 page 9). (See Relent Deed recorded in Hook 615 palle 386.) 73) Deed to Riverside Holdings, and recorded in Book 546 of page 789, McDows# County Register of Deeds thr Lot µ186, Plat Book 5A page 4S, containing 0.29 acres (form" W 10 Phase 11, Plat Book S page 9). (Soo Release Dead recorded In Book 547 pale 27.) 74) Deed to Larry Hopkins, sad recorded in Book 576 at page 293, McDowell County Register of Deeds fbr Lot >k187, Plat Book SA page 4% containing 0,32 aeres (formerly Lot M7 Phsso It, Plat Book 5 pap 9). (See Release Deed warded in Book SOS page 366.) 75) Deed to BJ Harris, and recorded in Book 600 at page 841, McDowell County %inter of Deeds for P Lot 0188, Plat Book 5w age 45, containing Ul acres (formerly Lot lid Phase 111tPlat Book 6 pass 9). (See Release Deed recorded to Book 600 page 845.) ; 76) Deed to Constitution Cspital, and recorded in Book 487 at page W. McDowe(1 County It"Ister of Deeds for Lot 0189, Plat Book 5A page 45, containing 0." acres (formerly Lot MI Phue 11, Plat Book 4 pago d 16� (Sae Release Deed recorded in Book 487 page 831.) 77) Deed to Constitution Capital, and recorded in Book 497 at page 837, McDow 1 County Reg4tcr of Deeds for Lot 0190, Plat Book SA page 46, cantalulag O.SI acres (formerly Lot O Phase II, Plat Book 4 p4go 416). (See Release Deed recorded In Book 487 page 839.) 78) Deed to Richard Ryan, and recorded to Book 487 at page 3139 McDowell Comity Register of Deeds for Lot 0191, Plat Book 5A page 46, containing 0.46 acres (formerly Lot AS Phisso 11. Plat Book 4 page 419). (See Release Deed recorded In Book 487 page 31 L) 79) Deed to UAW M. Boeghcse, and recorded In Book 490 at page 991, Mebowed County RgAicr of Dodds for Lots #192 & 193, Plat Book 4 page 419, containing 0.76 acres (forme Lob N4 dt S Phase 11, Plat Book 4 page 419). (See Release Deed recorded In Book 490 page 929 an Book 490 page 927). 80) Dad to Llyle M. Botghese, toad recorded in Book $02 at page 915, McDowei County Beghta of Deeds for Lot 0194, Plat Book 5A page 46, containing 0.82 acres (formerly Lot 0116 Phase 11, Plat Book 5 page 10). (gee Rcleanso Deed recorded in Book 502 page 913.) 81) Deed to George Beckm and recorded In gook 571 at page 903, McDowell County RagUter of Deeds for Lot 0195, Plat Book SA pago 46. containing 0.85 acres (forenet'f y Lot 015 Shutt 11, Platt Book 3 page 10). (See Release Deed recorded In Book 58S page 362.) 82) Deed to Frank Luther and John Elder, and recorded In Book 612 at pose 561, McDowell County Register of Deeds for Lot 4196, Plat Book SA page 46, containing OAS acres (fore iedy Lot #17 Plante 11, Plot Book 5 page 10). (See Release Deed rccorded in Book 612 page 560.) - 83) Dead to Roger Mfiller, sans recorded In Book 571 at page 06, McDowell County Oglstsr of Deeds &r Lot #202. Plat Book SA page 46, containing 0.42 acres. (See Release Deed recorded in Book 571 page 510.) 84) Deed to Howard Perk and recorded in Book 572 at page 7W McDoweU County Register of Deeds for Lot N210. Plat Book SA page 46, containing 0.62 acres. (See Ralents Deed recorded In Book S72 page 766.) N.C. ear Moot. ion- No 9 + 1077 ►ra..ed.y AltOWMae wAlk Aso N.C. W w..me. eooa (Pogo 9 di 6) COGBURN GOOSMRNN Fax:2580223 Oct 12 2005 15:04 Book 818 Pape 113 P.07 CO 819 115 85) Deed to Carl Merritt, and recorded in Book 567 at page 442 and re -recorded in Book 577 page 912, McDowell Counq Register ot'Deads for Lot #215, Plat Book SA page 46, containing 0.45 scree. (See Release Deed recorded in Book 568 page 691.) 86) Dead to Edward Meyer, and forded In Beek 511 at oiji 504, McDawtll County Regiater of Deeds for Lot 11216, Plat Book 5A page 46, aontrslning 0.77 acres. (See Release Deed recorded In Boole 585 page 364.) 97) Deed to Peter Banks, and recorded In Boole 610 at page 601, McDowell County Register otDeeds for Lot 02211, Plat Book SA page 46 and Lot 0236, Plat Book 6 page 9, containing US acres. (See Release Deed recorded in Back 610 page 597.) 88) Deed to Owen Gwyn, and recorded in Book 612 at page 567, McDowell County Register of Deeds, containing 1A1 acres. (Sea Release Deed rargrded in Book 612 page 564.) 89) Deed to Dennis Perk, and recorded In Book S43 at page 341, McDowell County Register of Deeds, containing .29 acres. (See Release Deed recorded in Book 543 page 428.) 90) Deed to Jack R. Bush, and recorded in Book 520 at page Ur McDowell County Register of Deeds, containing 0325 acres. (Bee Release Deed rrterded in Book 520 page 51.) 91) Deed to Blue Ridge Country Club Property Owners' Assoc., and recorded io Book 522 at page 94, McDowell County Register of Deeds, containing 0.61 acres. (Bee Release Deed recorded In Book S36 page 2L) 92) Deed hi L-ny N+leloa, acid re ardid Id Book 922 at page 264, McDowell County Register of Ousels, containing 03S acres (known as Lot M). (See Release Dead recorded in Bock 622 page 261.) 93) Release Deed dated October 15,1997 recorded in Hook 643 page 434. containing 1.00 acres (Also see Deed Boob 629 paVc 56, McDowell County Register of Deeds. 94) Deed to Zoeeoli Ao xec., and recorded to Hook 548 at page 233, McDowell County Register of Deeds, containing 3.13 acres. (See Release Deed recorded In Book 548 page 229.) 95) Deed to Roger Miller, and recorded in Book 5S6 at page 71, McDowell County Register of Deeds, aantainiag 0.39 acres, ($9e Release Deed regarded in B9,Qk 5% page 73.) 96) Deed to Daniel Riaai, and recorded In Book 561 at page 158, McDowell County Register of Deeds. containing 2.42 sera. (See Release Deed recorded in Book S61 page 155.) 97) Deed to Everette Pyatt, and recorded in Book 50 at page 881, McDowell County Register of Deeds, containing 0.297 acres. (See Release Deed recorded In Book 565 pogo 883.) 98) Deed to Pyatt Construction and Properties, and recorded in Book 586 at page A McDowell County Register of Deeds, containing 0.32 acres. (See Release Deed recorded in Book 588 page 917.) 99) Deed to Gerald Jerry Gates, and recorded in Hook 594 at page 146, McDow►eU County Register of Deeds, containing OS20 serer. (See Release Deed recorded in Book 594 pago 143.) 100) Tracts 1, 3, 4, 5, 6 and 8 set out in Partial Release Deed of Trust dated January 24,1997 between John LL Noblitt, Trustee, Per Ivan Lundbet M Recehroraad Blau Ridge Country Clubi, Ltd., and recorded In Book 533 page 475, McDowell County Register ofDeeds. 101) Deed to Pyatt-Honcycntt Development, LLC, and Yveorded in Book 547 page 848, McDowell County Register of Deeds, containing 1,015 acres. 102) Release Deed recorded in Book 588 page 917, McDowell County Re&Wftr of Deeds. 103) This eoavayaoce is made BUBJ= to the rights of Brawley and Assoelate, Ids. and'Reld Brawlesy under the Settlement Agreement dated the T day of November,1991, which sottled cape 095-CVS- 666S in MetWenbeuerg County, NC as to Lot 180, formerly Lot 14, Pbase 11(See;Deed Book 764 page 984, McDowell County Register of Deeds) as claims as to Coado lot on 01 Fafrw ay. 104) Deed to Blue Ridge Country Club i, Ltd., and recorded in Book 369 at page 293, McDowell County Register of Deeds fbr Lot #170. AND BEING the same lands described.lu the following Deeds; 1) AND BEING a portion of {lake lands described lea that eertaia need elated August 1 D, two firom Blue Ridge Country Club 1, Ltd. to Blue Ridge Country Club Development, LLC, recorded In the Office of the Register of Deeds for McDowell County, NC, in Back 622 at page g06, to which reference is hereby made. 1) AND BEING the lands described to that cartain Deed dated April 20.2001 f rom0lue Ridge Country Club 1. Ltd. to Blue Ridge Country Club Development, LLC, recorded to the Office of the Register of Deeds for McDowell County, NC, in $vole 643 at pate 367, to which ereftrente is hereby made. There is also excepted ham the lands conveyed above the property described to the fallowing conveyances: 1) Deed to Maxwell M. Corpening, Jr. Memorial Center, Inc., attd recorded in Book 677 at page 370, McDowell County Register of Deeds for Lot 0200, Phase 2A4 Plat Book 3A page 46. 2) Deed to Russ A. McNutt and wife, Ann McNutt, and recorded in Book 655 at page 467, McDowell County Register of Deeds, containing 0.30 acres. N.C. e.+ Acsec. corn, No. 3 • IV?? lhlms %I Alr..nNrn Wn, me N.C. Il,r 0#08C. $003 (Page 7 of 81 COGBURN GOOSMANN Fax:15BO223 Oct 12 2005 15:Od P.08 Book 819 Page 116 Grantor hereby assigns its rights as the Declarant usidw the Declaration of Covensw%1g, Conditions, and Restrictions of Blue Ridge Country Club Subdivision to the Grantee. THERE IS ALSO HEREBY CONVEYED the following eatemeats; CRC 819 116 1) A perpetual, Ron -exclusive easement appurtenant to the property described in Deed Book S66 page 830 in and to the Entrance Road as defined In the Declaration of Covenants, Conditions and Restrictions of record in Book 425, page 706. and as Amended In Book 512, Vd a 4.21 and Book 323 page 97 of the McDowell County Registry, which Entrance Road is known as Catawba River Drive and traverses the gall course property in a w►esterb► direction from US Highway 221 to its intersection with Blue ,Ridge Drive, and which Entrance Road also includes that portion of Blue Ridge Drive North which travels prom the inkneetion of Catawba River Drive and Blue Ridge Drive Ito a northerly direction to the intersection on Blue Ridge Drive North and Hunnieut; Moontaln Road. and which also includes that portion of Blue Ridge Drive South which tenets traim the intersection of Catawba River Drive end Stun Ridgs Drive South to the northeasterly tamer of lent 19 of Blue Ridge Country Club ?ban I -A. It Is understood and agree that the Grantee and its mdmben an guests have the right to use the Entrance Road. 2) A perpetual nor -exclusive easement appurtenant to the property described its. Deed Boole 566 page 330 to all roads, private street rights of way and Common Areas as the same are defined in the Declaration of Covensmts, Conditions, and Restrictions of record In Book 425 page 706, and as Amended in Book 512 page 421 and Book 522 page 97 of the Mcpowall County Registry as such Common Area exists on the date hereoL 3) A perpetral non-exclusive easement appurtenant to the property across that Easement Agreement of record In Hook MG page 828 of the McDowell County Registry, the same providing access to the Disposal System sad reurving unto the Grantor (W Died Back 622 page 806) across to nwer, water. and all other lines associated with the Disposal System including, but not limited to, the tusdetground sewer lines running scroso the property to the Dbposal 9yotem/Sower/Irrestment Parcel. 4) A porpetual non-exclusive easement appurtenant to the property described its Deed Book 566 page 930 to hook onto and otherwise use and enjoy aU Willy Han and attilty facilltids located an or in the property with utility services, including without limitattob, elertrlcal, gas cablo, and telephone lines and facilities and all other utilities of every description. 9) A perpetual non-exclusive ease®eat appurtenant for setup to River Use Areas for the purpose of fishing. hiking, and plcnim "River Use Areas" as used heroin shall be deeme6 to be that portion of the property wltbla the banks of Catawba River and (1) located betwwo the eiisting saveoth green and the southc* point at which the Catawba River exlsb the property and (2) located between the exiselug tenth green and the northerly point of which the Catawba River eaters the property. Provided, however, that the exorcise of this easement sball in no event lntarfore with the operations of or ploy UP60 th! dhlf 0WW loused ail the premises. Rliblri fo'r' the isle of fk* fter use Am tre not assignable except to owners of real property in the BlaeRldge Country Club Subdivision retained by the Grantor In Deed Book 622 page Bab. Grantor In Deed Book 622 at p6ge 806 and Grantee reserve the right to prohibit any such property owner from the River Use Area in the event such ownerts use is deemed inconsistent with the operation or" 01Ay upod the golf count. The above easements were reserved by the Grantor is that certain Deed from Blue Ri Wge Country Club I, Ltd, to Dowlting Blue Ridge, b.LC, dated August 17,1998, and which appears of record In the 0171ee of the Reester of Deeds for McDowell County, NC, In Book 566 at page 83e. It fs !ha intention of Ilia Graato r, and the Grtatar, by its ermutWn of this Deed. brdreby eatyveys to The Grantee all the land titled lv It* came in North Cove Township, McDowell County, NC. N.C. eu Aim Fare Nu ] • 1971 named by As -01 W4h IM wee ee► n,..c. PW3 ' (P390 a 91 9) COGBURN GOOSMRNN Book 1319 Page 117 Fax:25B0223 Oct 12 2005 15:04 P.09 CRP 819 117 The pfosern h9rainabove du sdbild wa acquires by ararjWr by tn:lrument ra+;arded In Book , Page _. A map showing the above described property is recorded In Plot Book Peps _. TO HAVE AND TO HOLD the aforesaid tot or parcel of land and all privileges and appurtenances thereto belonging to The Grantoo in tee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the prandses in fee simple, hoe the rlght to aonvey the some In fee simple, that title le marketable and fma and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whornsosver exoept for the exceptions haralnahor stated. Title to the property haraInabove described is subject to the following exceptions: Subject to taxes due McDowell County far the year 2006, to be paid by Grantee. Subject to restrictions and casements of record. IN WITNESS WHEREOF, the Grantor has hereunto not his hand and seal, or If corporate, has osusnd this Instrument to be signed in Its corporate name by Its duly authorized officers and Its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first above written. BLUE Morris Cotiolm CLUtt bElfetA►M2m, LLC (Corporate Name) By: President AYYE8T: Secretary (Corporate goal) (SEAL) RUNILL r4. IIWNYT. Nsrrlbsr6Mt &aw AM] �a� ttte, itt�a►►rerrr•ellsr�srlpe�r (s�U Y . _ — --- I89AL) su (SEAL) iEA ., .... NORTH CAROLINA, McDowell county. y W 1. a Notary Pubilo of the Courtly end State a%maaid, cartiry that Russell A. McNun and Ann to. Fit- •�,.tr;���•�' �`; McNutt, MernberMansger of Blw Ridge courtly Club Dwalap�tar[t, LLC1 Granbr, .. � i Instrument,rAPvIR any itrt beforeeared me this day and r sear fed Qte execution the foregoing Sao U 61�t'T MN aamplrt(s<lllnn expires:'dxd "m ti'ti,,"�••..� f aT dN 9 - ft ) NOT PUBLIC .r q4 ( nm (tame of Notmy Public) SeAt.45YAMP NORTH CAROLINA. McDowell County. 1, a Notary Public tsf the county and state sforessid, eerefy drat v personally carte before me this day and acknowledged that he/she ro �_ Gecretary of , S North Carolirts corporation, and that by authority duly given afnd as the act of fhe corporation. the foregoing instrument was egrted m its name by its .Y : President, sealed with its corporate seal and attested by hW^er as ft Sectstsry. VAIneas •ny hand and 9M;W %Wmp er beat, (Mill — day of • U-1 My eomftsion expires: (Signature) NOTAJW PU13UC islare oefi fled to be cone. Yllis rrtatrUrnent and this eerti{com are Page shown on the first page rtaf. REGISTER OF DEEDS By N.C. Qir Auoe fo►T No. J' 1977 PAvAs 1y AgmerA t W* r A Pot. 1W, Aw" An at to date and and to the BOOK and COUNTY IAselsiont-Realster of Deeds. f• COGBURN GOOSMRNN Fax:2580223 Oct 12 2005 15:04 P.10 (Page 9 do! 9) Book 818 P'i0� 197 Q02 1 Patricia A. Reel McDowell Count Register of Deeds y Register of Deeds 21 South Mein 61reet, Suite A - Mmion, NORTH CAROLINA 28782 Telephone 828-66?.4727 - Fax 8Tb-692-13sl • 8-Mail preelmcdowelW itleteercher.com ELL C0 0* ./1*f•a.\af...•.•\-f.-11.-,6w::-r/fwt. 0.r+ra*gas&Wgr.eve,6w• Mad For I1aQAatrettont 04/05/2009 M1707 PM Books C!F BID sa ml 110-117 Coc m assL too. t 200S002265 0290 a •06 24AS.00 Aoaoraart Idma SAM f\\�.\..\\.\-.\1111r/\1f1-Mf.-/-ffrr\1f\f11f•11f11f1M..\M\..1f\wlwf■1f.flflf�111w��f &unto of Rorah carolsna, County of vest all The [0raQ0la9 aart1110atw11 of PAT a WRXMT 1letAry(i•.) subllo Wara) cartlfied to bo earroet thin 0519 of APAZL 9o0S. 9aTEXCI► A. Bl1L. 05011mm or oem Sy: 0110O1 r •rI.I\.I-......... ..... --rflr\\.rrf\\.\f\\ff\1rf Do 1Q0T RbMW" I Whigs eorosiieation shoot to a vital part of your ssaorao4 40cupoae. please roeaAa With originFl dcaupwmt and nuts le vttaa se-r000raia:g.