20211037 Ver 2_AFF Property (Saints Delight) RS-NCWHF CE Assignment Bk 3784, Pg 2063_20240507

ID#* 20211037 Version* 2
Select Reviewer:
Katie Merritt
Initial Review Completed Date 05/08/2024
Mitigation Project Submittal - 5/7/2024
Is this a Prospectus, Technical Proposal or a New Site?* Yes No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name: * Email Address:
Barrett Jenkins [e-mail]
Project Information
ID#: * 20211037 Version:* 2
Existing ID# Existing Version
Project Type: DMS Mitigation Bank
Project Name: Saints Delight Nutrient Offset Bank
County: Craven
Document Information
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: AFF Property (Saints Delight) RS-NCWHF CE
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Assignment Bk 3784, Pg 2063.pdf
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Signature
................................................... ......... ......... ...... ................................ .............................................
Print Name:* Barrett Jenkins
Signature:
cult t t�l`� !Pi►�.CSXi►�J

0
Doc No: 10120919 Page 1 of 20
DocType: ASGMT
Recorded: 12/21/2023 04:05:28 PM
Fee: $46.00 Revenue Tax: $0.00
Craven County North Carolina
Michelle L. Toth, Register of Deeds
sK 3784 PG 2063 - 2082 (20)
Excise Tax: NTC voo/
Prepared By: W. Judson Smith, Arrowhead Law, PPLLC
Return After Recording to:
Attn: Barrett Jenkins
1 101 Haynes St., Suite 211
Raleigh, NC 27604
Brief Description for the Index:
Assignment of Permanent Conservation Easement recorded in Book 3774, Page 162
NORTH CAROLINA
CRAVEN COUNTY
ASSIGNMENT AND ASSUMPTION OF
PERMANENT CONSERVATION EASEMENT
THIS ASSIGNMENT AND ASSUMPTION OF PERMANENT
CONSERVATION EASEMENT (this "Assi jn� ment") is made this .Ir��da}' of November
2023, by and between RESTORATION SYSTEMS, LLC, a North Carolina limited
liability company (solely in its capacity as Grantee (under and as defined in the
Conservation Easement referenced below), "Assignor"), and NORTH CAROLINA
WILDLIFE HABITAT FOUNDATION, INC., a North Carolina nonprofit corporation
("Assignee").
The designation Assignor and Assignee 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.
RECITALS
WHEREAS, Assignor is a limited liability company whose purposes include the
conservation of property and is qualified to be the holder of a conservation easement
pursuant to N.C. Gen. Stat. § 121-35 et seq.;

WHEREAS, Assignee is a nonprofit corporation, operated primarily for
conservation purposes, including protection of environmentally valuable and sensitive land
for charitable, scientific, educational, and aesthetic purposes and which is qualified to be
the grantee and holder of a conservation easement pursuant to N.C. Gen. Stat. § 121-34 and
§ 121-34 et seq. and §501(c)(3) and/or § 170(h) of the Internal Revenue Code;
WHEREAS, Assignor is the Grantee of that Permanent Conservation Easement
dated August 24, 2023, granted by Anderson Family Farms, LLC, a North Carolina limited
liability company, the Grantor therein, being recorded in Book 3774, Page 162, Craven
County Registry (as amended, supplemented, or otherwise modified, the "Conservation
Easement"), affecting certain real property as particularly described therein, and a true
copy of which is attached hereto and incorporated herein as Exhibit A;
WHEREAS, Restoration Systems, LLC is the Bank Sponsor under the
Conservation Easement (the "Bank Sponsor") and under the Restoration Systems Neuse
04 Nutrient Offset Umbrella Banking Instrument, entered into by and between Restoration
Systems, LLC and North Carolina Department of Environmental Quality, Division of
Water Resources;
WHEREAS, the Conservation Easement provides in Article VI, Section C that it
may be assigned to a qualified holder of a conservation easement pursuant to N.C. Gen.
Stat, § 12 1 -34 et seq. and §501(c)(3) and § 170(h) of the Internal Revenue Code § 170(h) or
N.C. Gen. Stat. § 121-35 et seq., provided that the assignee be required to continue in
perpetuity the conservation purposes set forth in the Conservation Easement;
WHEREAS, Assignor wishes to assign and transfer to Assignee all of its rights,
duties, obligations, and interests in the Conservation Easement, and Assignee wishes to
accept such assignment and assume all of the rights, duties, obligations, and interests set
forth in the Conservation Easement; and
WHEREAS, the assignment set forth in this Assignment has as its primary purpose
the preservation of the real property as described in the Conservation Easement and the
furtherance of mitigation banking and restoration activities, and these activities are
intended to compensate for riparian buffer or nutrient impacts to waters in the Neuse River
Basin.
ASSIGNMENT AND ASSUMPTION
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
for other good and valuable consideration, the receipt and legal sufficiency ofwhich is hereby
acknowledged, Assignor and Assignee, intending to be legally bound, hereto agree as follows:
Assignor hereby unconditionally and irrevocably assigns, transfers, and conveys unto
Assignee, its heirs, successors and assigns, forever and in perpetuity, the Conservation
Easement and all of Assignor's right, title, and interest in and to the Conservation Easement,
of the nature and character and to the extent set forth therein, together with the right to preserve
Book 3784
2 Page 2064

and protect the conservation values thereof, excluding for the avoidance of doubt any and all
rights and obligations of Restoration Systems, LLC in its capacity as the Bank Sponsor under
the Conservation Easement (the "Retained Rights and Obligations"), and
Assignee hereby unconditionally and irrevocably (i) accepts this Assignment unto
itself, its heirs, successors and assigns, forever and in perpetuity, (ii) represents and warrants
that it is a qualified holder of the Conservation Easement pursuant to N.C. Gen. Stat. § 121-
34 and § 121-34 et seq. and §501(c)(3) and/or § 170(h) of the Internal Revenue Code, (iii)
assumes all of Assignor's rights, duties, obligations, and interests in the Conservation
Easement, excluding for the avoidance of doubt the Retained Rights and Obligations, and
(iv) covenants and agrees to continue in perpetuity the conservation purposes set forth in the
Conservation Easement and to otherwise be bound by the terms thereof.
TO HAVE AND TO HOLD the aforesaid rights and easements perpetually unto
Assignee for the aforesaid purposes.
[SIGNATURES APPEAR ON FOLLOWING PAGES J
Book 3784
Page 2065
3

IN TESTIMONY WHEREOF, Assignor and Assignee have hereunto set their hands
and seals, on the day and year first above written.
ASSIGNOR:
RESTORATION SYSTEMS, LLC,
a North Carolina limited liability company
iar-
STATE OF �C�
COUNTY OF�/ek k C
[ certify that the following person personally appeared before me this day and acknowledged
that he/she is the E ,� 4c4,44r. of Restoration Systems, LLC, and that by
authority duly given he/she signed the foregoing instrument in its name, on its behalf and as
its act and deed for the purposes stated herein:
Shrt Pi^ew .�
Witness my hand and official stamp or seal, this 74 day of 2023.
.�oJNCAN y'''
�OTAR
-
O'
ty' PUBO '
frF COVN ..
Signature of Notary Pu�e�
4nw07 Cc'
Printed Name of Notary Public
My cornmission expires:
Book 3784
Page 2066

ASSIGNEE:
NORTH CAROLINA WILDLIFE
HABITAT FOUNDATION, INC.,
a North Carolina nonprofit corporation
By:
Name:
Title: A/V%rY.wl Of /!%G►a/ff
STATE OF
COUNTY OF a
I certify that the following person personally appeared before me this day and acknowledged
that he/she is the C1krdth'&vQ of North Carolina Wildlife Habitat
Foundation, Inc., and that by authority duly given he/she signed the foregoing instrument in
its name, on its behalf and as its act and deed for the purposes stated herein:
Witness my hand and official stamp or seal, this � day of �,� Q/ , 2023.
[SEAL] .'AN- !�9,%
O-�p,R
=_ Z -
U
kE C O
Signature of Notary
Printed Name of Notary Public
My commission expires: j
5
Book 3784
Page 2067

EXHIBIT A
Conservation Easement
[Attached hereto on following pages]
Book 3784
Page 2068
t�

�KMigit' 4
ARROWHEAD LAW, PLLC
2009 FAIRVIEW ROAD NO 6449
RALEIGH NC 27626
PPM
MI of 14
DocType: ESMT
Recordedw 0824/2023 02.3622 PM
Fee $26 00 Revenue Tax $999.00
Craven County North Carolina
Michelle L Toth, Register of Deeds
BK 3774 PG 162 - 175 (14)
Book 3784
Page 2069
Excise Tax: $999.00
/repared By: Arrowhead Law, PLLC (JS), PO Box 6449, Raleigh, NC 27628
Return After Recording to:
Restoration Systems, LLC
Attn: Barrett Jenkins
1101 Haynes St., Suite 211
Raleigh, NC 27604
Parcel Identification Reference:
Parcel ID Number 2-023-029
Brief Description for the Index: 38.40 acre Conservation Easement (P!O of Parcel 2-023-029)
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") is made this day
of August, 2023, by and between Anderson Family Farms, LLC, a North Carolina limited
liability company, with the address of 1882 Olympia Road, New Bern, NC 28560 ("Grantor") and
Restoration Systems, LLC, a North Carolina limited liability company, with the address of 1101
Haynes Street, Suite 211. Raleigh, NC 27604 ("Grantee"). The designation Grantor 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.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
Craven County, North Carolina, more particularly described in Exhibit A attached hereto and
incorporated herein (the Property
WHEREAS, Grantee is a North Carolina limited liability company whose purposes include
the conservation of property and who is qualified to be the grantee of a conservation easement
under N.C. Gen. Stat. § 121-35;
1

WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic
value of the Conservation Easement Area, being a portion of the Property, in its natural state,
which includes the following natural communities: Neuse River Basin tributaries, unnamed
riparian resources, open field ditches, and riparian buffers. The purpose of this Conservation
Easement is to maintain streams, wetlands, and/or riparian resources and other natural values of
approximately 38.40 acres, more or less, and being more particularly described in Exhibit B
attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"),
and prevent the use or development of the Conservation Easement Area for any purpose or in any
manner that would conflict with the maintenance of its natural condition;
WHEREAS, the restoration, enhancement and preservation of the Conservation Easement
Area is also a condition of the approval of the Restoration Systems Neuse 04 Nutrient Offset
Umbrella Banking Instrument, NCDWR Project ID# 2020-1366v2 ("NOBI") and the Bank Parcel
Development Package ("BPDP") for the Saints Delight Nutrient Offset Bank Parcel ("Site"), North
Carolina Department of Environmental Quality, Division of Water Resources ("NCDWR")
Project ID# 2021-1037v2; the BPDP and NOBI have been approved, or proposed for approval, by
NCDWR, and the NOBI has been, or will be, made and entered into by and between Restoration
Systems, LLC, acting as the Bank Sponsor ("Bank Sponsor"), and NCDWR. The Site is intended
to be used to compensate for riparian buffer or nutrient impacts to waters in the Neuse River Basin:
and
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held
by Bank Sponsor and NCDWR, including their successors and assigns, (collectively, the "Third -
Parties", and individually as the context may require, a "Third -Party"). and may be exercised
through the appropriate enforcement agency of the State of North Carolina, and that these rights
are in addition to, and do not limit, the Grantee's rights of enforcement or any rights of enforcement
under the NCDWR Project ID# 2021-1037Q, the NOBI, or any permit or certification issued by
the Third -Parties.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation
Easement of the nature and character and to the extent hereinafter set forth. over the Conservation
Easement Area described on Exhibit B, together with the right to preserve and protect the
conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's
personal representatives, heirs, successors and assigns, lessees, agents and licensees.
Book 3774
Page 163
2
Book 3784
Page 2070

Book 3784
Page 2071
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose
of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved
in its natural condition and restricted from any development that would impair or interfere with
the conservation values of the Conservation Easement Area.
Vl-'ithout limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment
of the natural features of the Conservation Easement Area or any introduction of non-native plants
and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement. billboard or other advertising display, antenna, utility pole,
tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility
on or above the Conservation Easement Area,
C. Industrial, Commercial and Residential Use. Industrial, residential and; or
commercial activities, including any rights of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area are prohibited.
F,. Vegetation. There shall be no removal, burning, destruction. harming, cutting or
mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided
in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteer trees and shrubs approved in the BPDP is allowable once a year for no more than five
consecutive years from the date on page 1 of this Conservation Easement, except where mowing
will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by
the Bank Sponsor and shall not violate any part of Item L of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on
the Conservation Easement Area; nor enlargement or modification to existing roads, trails or
walkways.
G. Si na e. No signs shall be permitted on or over the Conservation Easement Area,
except the posting of no trespassing signs, signs identifying the conservation values of the
Conservation Easement Area, signs giving directions or proscribing rules and regulations for the
use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the
Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste,
3 Book 3774
Page 164

or any placement of underground or aboveground storage tanks or other materials on the
Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals
or other materials, and no change in the topography of the land in any manner on the Conservation
Easement Area, except to restore natural topography or drainage patterns.
J. V�'ater ualit}and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within or out of the easement area by any means, removal of wetlands.
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, alMerrain vehicles, cars and trucks is prohibited other than for temporary
or occasional access by Bank Sponsor or Grantee. and their employees and agents, successors,
assigns, and NCDWR for purposes of constructing, maintaining and monitoring the restoration,
enhancement and preservation of streams, wetlands and riparian areas within the Conservation
Easement Area.
M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement
Area which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Area substantiall} in its natural condition, or the protection of its
environmental systems, is prohibited.
ARTICLE III.
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors
or assigns, the right to continue the use of the Conservation Easement Area for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to quiet
enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt.
tish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise
convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift
conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions. Grantor reserves for Grantor, its successors
and assigns, including the Bank Sponsor, the right to construct and perform activities related to the
restoration, enhancement, and preservation of riparian areas within the Conservation Easement
Book 3784
Page 2072
Book 3774
Page 165

Area in accordance with the approved BPDP and the NOBI described in the Recitals of this
Conservation Easement,
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns and the Third -Parties
shall have the right to enter the Property and Conservation Easement Area at all reasonable times
for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his
personal representatives, heirs, successors, or assigns, is complying with the terms, conditions,
restrictions, and purposes of this Conservation Easement. The Grantee and the Third -Parties, and
their authorized representatives, successors and assigns shall also have the right to enter and go
upon the Conservation Easement Area for purposes of making scientific or educational
observations and studies, and taking samples. The easement rights granted herein do not include
public access rights.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee and the Third -Parties are
allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent
with the purposes of this Conservation Easement and to require the restoration of such areas or
features of the Conservation Easement Area that may be damaged by such activity or use. Upon
any breach of the terms of this Conservation Easement by Grantor that comes to the attention of
the Grantee or a Third -Party, such party shall notify the Grantor in writing of such breach. The
Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such
breach. If the breach remains uncured after 30 days, the Grantee or any Third -Party may enforce
this Conservation Easement by appropriate legal proceedings including damages, injunctive and
other relief. Notwithstanding the foregoing, the Grantee and the Third -Parties reserve the
immediate right, without notice, to obtain a temporary restraining order, injunctive or other
appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly
or otherwise materially impair the benefits to be derived from this Conservation Easement, The
Grantor and Grantee acknowledge that under such circumstances damage to the Grantee or the
Third -Parties would be irreparable and remedies at law will be inadequate. The rights and remedies
of the Grantee and the Third -Parties provided hereunder shall be in addition to, and not in lieu of,
all other rights and remedies available to them in connection with this Conservation Easement.
The costs of a breach, correction or restoration, including the Grantee's or the Third -Parties'
expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined
to be responsible for the breach. The Third -Parties shall have the same rights and privileges as the
said Grantee to enforce the terms and conditions of this Conservation Easement.
B. No failure on the part of the Grantee or the Third -Parties to enforce any covenant
or provision hereof shall discharge or invalidate such covenant or any other covenant, condition,
or provision hereof or affect the right of Grantee and the Third -Parties to enforce the same in the
event of a subsequent breach or default.
5
Book 3784
Page 2073
Book 3774
Page 166

C. Nothing contained in this Conservation Easement shall be construed to entitle
Grantee or the Third -Parties to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or
invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to life. damage to property or harm to the Conservation
Easement Area resulting from such causes.
ARTICLE V[.
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in
fee simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, tax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to
this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy
all the benefits derived from and arising out of this Conservation Easement, and that Grantor will
warrant and defend title to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in all or a
portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such
transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that
the terms of this Conservation Easement shall survive any merger of the fee and easement interests
in the Conservation Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of NCDWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided. however that the Grantee hereby covenants and
agrees, that in the event it transfers or assigns this Conservation Easement, the organization
receiving the interest will be a qualified holder pursuant to N.C. Gen. Stat. § 121-34 et seq. and §
501 (c)(3) and § 170 (h) of the Internal Revenue Code or N.C. Gen. Stat. § 121-35 et seq., and the
Grantee further covenants and agrees that the terms of the transfer or assignment will be such that
the transferee or assignee will be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severability. 7 he NOBI with corresponding BPDP, and this
Conservation Easement sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement. If any provision is found to be void or
unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and
effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any
liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible
L
Book 3774
Page 167
Book 3784
Page 2074

for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or
maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the
Grantor of the obligation to comply with federal, state or local laws, regulations and permits that
may apply to the exercise of the Reserved Rights.
F. Long -Term Mana eg ment. If livestock operations will be maintained or are hereafter
introduced on the Property. Grantor is responsible for all long-term management activities
associated with fencing to ensure livestock do not have access to the Conservation Easement Area.
These activities include the maintenance and/or replacement of fence structures, as deemed
necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the
Conservation Easement Area are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this Conservation
Easement may only be extinguished, in whole or in part, by judicial proceeding.
H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken
in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this
Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such
taking to recover the full value of the taking, and all incidental and direct damages due to the
taking.
[. Eminent Domain Proceeds. This Conservation Easement constitutes a real property
interest immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the
exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation
Easement as determined at the time of the extinguishment or condemnation.
J. Notification. Anv notice, request for approval, or other communication required
under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to
the following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
To Grantor:
Anderson Family Farms, LLC
Attn: Pete Anderson
1882 Olympia Road
New Bern, NC 28560
To Grantee /Bank Saonsor:
Restoration Systems, LLC
Attn: Barrett Jenkins
1101 Haynes Street, Suite 21
Raleigh, NC 27604
7
Book 3784
Page 2075
Book 3774
Page 168

To NCDWR:
NCDEQ — Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable
period of time after the occurrence of one of these events Grantee fails to make an assignment
pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another
qualified grantee in accordance with an appropriate proceeding in a court of competent
jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in a writing
signed by all parties hereto, and provided such amendment does not affect the qualification of this
Conservation Easement or the status of the Grantee under any applicable laws, and is consistent
with the conservation purposes of this grant.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation Easement Area, and
its current use and state of improvement, are described in the BPDP, prepared by Grantee acting
as Bank Sponsor and acknowledged by the Grantor and Grantee to be complete and accurate as of
the date hereof. Grantor acknowledges it has received a copy of the BPDP. It will be used by the
parties to assure that any future changes in the use of the Conservation Easement Area will be
consistent with the terms of this Conservation Easement. However, this report is not intended to
preclude the use of other evidence to establish the present condition of the Conservation Easement
Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
[SIG:VATG'RES APPEAR l);'�' FOLLnW1.VG PAGES]
Book 3784
Page 2076
Book 3774
Page 169
E3

IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
GRAh`TOR:
Anderson Family Farms, LLC,
a North Carolina limited liability company
Name: ? OTI'
Title: �`•"'��-
STATE OF NORTH CAROLINA
COUNTY OF h/�
NI)LnSa �
I, a Notary Public of the State and County aforesaid, do hereby certify that the following persons)
personally appeared before me this day "Ald acknowledged that he/she is the
/9I✓2<x, fihn.4a.�J' of Anderson Family Farms, LLC, and that by authority duly given
he/she signed the foregoing instrument in its name, on its behalf and as its act and deed for the
purposes stated herein: Pf D6�4.fo-s-n�
Witness my hand and official stamp or seal, this the 2 d y of /f -V/d(/s %— , 2013
Book 3784
Page 2077
Signature of Notary Public ,
Printed Name of Notary Public
My commission expires: i� 'Z
Book 3774
9 Page 170

Book 3784
Page 2078
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the da_v and
year first above written.
GRANTF.F.:
Restoration Systems. LLC,
a North Carolina limited liability company
title:
STnTE OF NORTI I CAROLINA
COUN"I IN OF IAA:kpe_-_
I. a Notary Public of the State and County atbresaid, do hereby certif} that the Following persons)
per nally appeared before me this day and acknowledged that he/she is the
rre�;�sitof Restoration Systems, LLC, and that by authority duly given
he/she signed the foregoing instrument in its name. on its behalf and as its act and deed for the
purposes stated herein: ::5016ri revep.i'
Witness my hand and official stamp or seal, this the � day of.'OZ3
�sE.at,,�,.•`JNCAry y.,,
pAiAR y'�i1
dw
COUN
�ignature of Notary Pub is
Printed Name of Notary Publi
My commission expires: 1145 X
i[7
Book 3774
Page 171

EXHIBIT A
(Legal Description of the Property)
Book 3784
Page 2079
BEING all of that 107.34 acre, more or less, tract or parcel of land lying and being in Craven
County, North Carolina, located approximately 5.3 miles Northeast of New Bern, North Carolina,
bounded on the West by Stapleford Road (a!k/a NC State Road Number 1611), identified by
Craven County Parcel ID No. 2=023-029 and Parcel Reference # 4693, and being a portion of the
real property described in that deed recorded on May 15, 2019 in Book 3570, Page_1139 (as
modified or corrected by that Corrective Notice or Scrivener's Affidavit for Notice of
Typographical or Minor Error, recorded in Book 3771, Page 1990), Craven County Registry.
Book 3774
Page 172
11

EXHIBIT B
Book 3784
Page 2080
(Legal Description of the Conservation Easement Area)
BEING all of that area of land containing 38.40 acres, more or less, consisting of and as shown
and depicted as "CONSERVATION EASEMENT AREA 1" on that plat of survey entitled
"CONSERVATION EASEMENT FOR RESTORATION SYSTEMS, LLC, OVER A PORTION
OF THE LANDS OF ANDERSON FAMILY FARMS, LLC", dated August 14. 2023, prepared
by John A. Rudolph, NC PLS License No. L-4194 of K2 Design Group, Firm License No. C-21114
and being recorded in the Office of the Register of Deeds of Craven County, North Carolina in
Plat Book or Cabinet T Page bP which plat is hereby incorporated by
reference (the "Conservation Easement Plat"), together with a twenty (20) foot wide, non-
exclusive access easement described below, and as shown and depicted on the Conservation
Easement Plat, as "ACCESS EASEMENT 1", and all being more particularly described as follows:
CONSERVATION EASEMENT AREA 1
All of the Conservation Easement Area 1 of the Saints Delight Site over a portion of the
land of Anderson Family Farms, LLC (Parcel ID: 2-023-029) lying and being situated in
Number Two Township, Craven County, North Carolina and particularly described as
follows (all distances are ground distances unless otherwise noted):
Beginning at an iron stake (Point of Beginning) labeled as Point No. 18 and being
located South 06°5510 East 287.37 feet from an iron stake (Point No. 20) with N.C.
Grid Coordinates N= 523,964.3223', E= 2,601,570.2016' (NAD '83, 2011),
Thence from the Point of Beginning (Point No. 18), North 87033121" West 205.57' to an
iron stake;
thence North 87033'21" West 50.00' to anon-monumented corner;
thence South 40032'27" West 21.88' to anon-monumented corner;
thence South 52°17'00" West 37.26' to anon-monumented corner;
thence South 54023'44" West 44.51' to anon-monumented corner;
thence South 39°23'51" West 48.84' to anon-monumented corner;
thence South 19°2444" West 35.53' to anon-monumented corner;
thence South 01°5401" West 31.16' to anon-monumented corner;
thence South 05°0122" East 109.58' to anon-monumented corner;
thence South 00°05'05" West 54.23' to anon-monumented corner;
12
Book 3774
Page 173

Book 3784
thence South 21 °53'12" East 29.75' to a non-monumented corner; Page 2081
thence South 30°26'36" East 61.88' to a non-monumented corner;
thence South 26°20'13" East 34.96' to anon-monumented corner;
thence South 21 °52'09" East 24.45' to anon-monumented corner;
thence South 08°01'36" East 30.49' to anon-monumented corner;
thence South 65°12'40" West 20.00' to an iron stake;
thence South 65°12'40" West 44.14' to an iron stake;
thence North 44°41'22" West 82.24' to an iron stake;
thence North 45°03'35" West 228.88' to an iron stake;
thence North 04°12'10" West 187.39' to an iron stake;
thence North 15°35'23" East 98.36' to an iron stake;
thence North 49°52'S0" West 331.18' to an iron stake;
thence North 40°27'56" East 206.05' to an iron stake;
thence North 50°07'10" West 14.47' to an iron stake;
thence South 40036145" West 205.93' to an iron stake;
thence North 49037'S7" West 344.46' to an iron stake;
thence North 28°47'12" West 69.24' to an iron stake;
thence North 52013'42" East 242.43' to an iron stake;
thence North 01 °06'17" West 1017.80' to an iron stake;
thence South 49°56'29" East 2020.04' to an iron stake;
thence South 22047'29" East 74.80' to an iron stake;
thence South 22°47'29" East 50.00' to an anon-monumented comer;
thence South 08°20'31" East 48.54' to anon-monumented corner;
thence South 03°1945" West 70.94' to anon-monumented corner;
thence South 06°1034" West 127.58' to anon-monumented corner; Book 3774
thence South 17°42'S6" West 39.02' to anon-monumented corner; Page 174
13

thence South 53°3121 West 34.62 to Cl non-monumented corner;
thence South 65°00'54" West 113.39' to anon-monumented corner;
thence South 65°07'15" West 28.88' to anon-monumented corner;
thence South 51 °36'35" West 19.32' to anon-monumented corner;
thence North 74°02'19" West 50.00' to an iron stake;
thence North 74°02'19" West 415.70' to an iron stake;
which is the point of beginning,
having an area of 38.40 acres.
ACCESS EASEMENT 1
Book 3784
Page 2082
TOGETHER WITH A PERPETUAL, I�'ON-EXCLUSIVE RIGHT OF ACCESS OVER,
ACROSS AND THROUGH THE PROPERTY ALONG THAT 20 WIDE STRIP OF LAND AS
DEPICTED AND LABELLED AS "ACCESS EASEMENT 1" ON THE INCORPORATED
CONSERVATION EASEMENT PLAT, FOR THE PURPOSES OF INGRESS, EGRESS, AND
REGRESS TO CONSERVATION EASEMENT AREA 1, AND FOR GRANTEE FULFILLING
ITS RIGHTS AND OBLIGATIONS UNDER THIS CONSERVATION EASEMENT.
Book 3774
Page 175
14