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HomeMy WebLinkAboutSW3241004_Property Deed_20241118 16968 0109 FILED ELECTRONICALLY CABARRUS COUNTY NC M. WAYNE NIXON FILED Jun 12, 2024 AT 12:56:00 PM BOOK 16968 START PAGE 0109 END PAGE 0119 INSTRUMENT # 12042 EXCISE TAX $572.00 Prepared by Jason A. Oesterreich and when recorded,return to: Oesterreich Law,PLLC P.O. Box 2067 Concord,North Carolina 28026 Tax Parcel No.: 55552190670000 Excise Tax: $572.00 STATE OF NORTH CAROLINA NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF CABARRUS Date: June 12, 2024 GRANTOR: SHELIA CLONTZ TUCKER, MYRA CARLA FRITTS DOWNS, and LOUIS JAMES TUCKER, II, as Successor Trustees of the Tucker Family Trust dated October 21, 1996 Grantor's address: 698 Burrage Road NE Concord, North Carolina 28025 GRANTEE: CENTRAL STATION COWBOY CHURCH, INC. a North Carolina non-profit corporation Grantee's address: 11777 Hwy 601 Midland, North Carolina 28107 For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does grant, bargain, sell and convey unto Grantee, in fee simple, all of Grantor's right, title and interest in and to that certain real property located in the No. 10 Township, County of Cabarrus, State of North Carolina more particularly described as follows (the "Land"): Submitted electronically by "Oesterreich Law PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the Memorandum of understanding with the office of the Register of Deeds of Cabarrus County. NCGS 47-14(a1)(5). 16968 0110 LYING and BEING in the No 10. Township, Cabarrus County, North Carolina and being more fully described as that certain parcel of land referenced and consisting of 8.40 Acres and labeled as "TRACT B" on that certain Exemption Plat of Tucker Family Trust by James T. West dated March 22, 2024 and recorded in Plat Book 100 at Page 9 of the Cabarrus County Public Registry. As noted on the Survey referenced above, upon recording of this deed, the Property is to be combined with tax parcel identification number 5555-21-3274-0000. TOGETHER with all buildings and improvements on the Land (jointly, the "Improvements"), and all appurtenances, easements, rights of way, licenses, interests, alleys, strips or gores of land located on or pertaining to the Land (the "Appurtenances") (the Land, the Improvements, and the Appurtenances are collectively referenced herein as the "Real Property"). The Real Property does not include the primary residence of the Grantor. Grantor acquired the Real Property by that certain instrument recorded in Book 1747 at Page 325 of the Cabarrus County Public Registry. In the original conveyance deed, Carolyn Tucker Fritts, Perry Walls Tucker, and Louis James Tucker were named as the trustees of the Tucker Family Trust (the "Trust"). By those certain Appointments of Successor Trustee for Grantor Inter Vivos Trust recorded in Book 12863 at Page 265, Book 13555 at Page 194, and Book 14157 at Page 86, the successor trustees named as Grantor herein were appointed as Successor Trustees of the Trust. Also, for previous reference regarding the trust, see those certain Continuations of Grantor Inter Vivos Trust and Modification of Grantor Inter Vivos Trust of the Tucker Family Trust of October 21, 1996 recorded in Book 6465 at Page 37; Book 7244 at Page 38; Book 7968 at Page 18; Book 8516 at Page 10; Book 9001 at Page 138; Book 9423 at Page 31; Book 9423 at Page 45; Book 11713 at Page 144; and Book 14765 at Page 214. TO HAVE AND TO HOLD the aforesaid Land and Improvements in fee simple, and all privileges and appurtenances thereto belonging, to Grantee. And Grantor covenants with Grantee that: (i) Grantor is seized of the Land and Improvements in fee simple and otherwise is entitled to the use and enjoyment of the Appurtenances; (ii) Grantor has the right to convey the Land and Improvements in fee simple and to assign the Appurtenances; (iii) that title to the Real Property is marketable and free and clear of all encumbrances, except as set forth below; and (iv) that Grantor will warrant and defend the title against whomsoever, except for the exceptions hereinafter stated. Title to the Real Property is subject to the following exceptions: 1. Taxes or assessments for the year 2024, and subsequent years, not yet due or payable. 2. Right-of-way deed to Duke Power Company recorded in Book 214 at Page 377 Cabarrus County Public Registry; 3. Right of way agreement with State Highway Commission recorded in Book 356 at Page 272 and Book 356 at Page 537 Cabarrus County Public Registry; 16968 0111 4. All matters shown on that certain Exemption Plat of Tucker Family Trust by James T. West dated March 22, 2024 and recorded in Plat Book 100 at Page 9 of the Cabarrus County Public Registry. 16968 0112 IN WITNESS WHEREOF, Grantor, by authority duly given, has executed this instrument as of the day and year first above written. GRANTOR: , By ' n'r"^', < b A 17) fF f ( f ( It 't/ i ( C t) P 7-Shelia Clontz Tucker, as Succor Trustee of Myra Carla Fritts Downs, as Successor Trustee the Tucker Family Trust dated October 21, of the Tucker Family Trust dated October 21, 1996 1996 J[By: Louis James cker, II, as Successor Trustee of the Tucker Family Trust dated October 21, 1996 STATE OF NORTH CAROLINA COUNTY OF CABARRUS I certify that the following person(s) personally appeared before me this day, acknowledging to me that he/she voluntarily signed the foregoing document for the purpose stated therein and in the capacities indicated: Shelia Clontz Tucker, Myra Carla Fritts Downs, and Louis James Tucker, II. Date: June 12, 2024 ( ficial Signature of Notary) Jason A. Oesterreich , Notary Public Notary's printed or typed name 1/27/2026 SEAL My Commission Expires r°®,egcemet®�eio C 7 a u 0l'C ram �`�A�a-ldd:d�P.: A tgA.. 16968 0113 EXHIBIT A Certification of Trust 16968 0114 CERTIFICATION OF TRUST Settlors: Daniel Lee Tucker. Isabel] Tucker Belangia, Louis James Tucker, Perry Walls Tucker, Robert Gene Tucker, and Carolyn Tucker Fritts. and Ruth Morgan Tucker Name of Trust: Tucker Family Trust Date of Trust: October 21, 1996 Current Trustees: Shelia Clontz Tucker, Myra Carla Fritts Downs, and Louis James Tucker. II Address of Trustee: c/o Myra Carla Fritts Downs 698 Burrage Road NW Concord, NC 28025 Pursuant to N.C. General Statute § 36C-10-1013, the Trustee hereby certifies: I. The Trust came into existence on October 21, 1996. 2. The identity of the Settlors are: Daniel Lee Tucker, Isabell Tucker Belangia, Louis James Tucker, Perry Walls Tucker, Robert Gene Tucker, and Carolyn Tucker Fritts, and Ruth Morgan Tucker. 3. The identities of the currently acting co-Trustees are Shelia Clontz Tucker, Myra Carla Fritts Downs, and. Louis James Tucker, II, and the Trust's address is provided herein. 4. The Trustee powers, as well as certain trustee provisions of the Trust instrument, are set forth in certain sections of the Trust instrument, which are attached hereto as Exhibit A. 5. The Trust is irrevocable. 6. The Trust's tax identification number is withheld from disclosure in this Certificate of Trust which is intended for public filing. 7. The manner of taking title is "Shelia Clontz Tucker, Myra Carla Fritts Downs, and Louis James Tucker, II, as Successor Trustees of the Tucker Family Trust dated October 21, 1996" 8. The Trust has been amended, modified and/or continued by the following instruments recorded in the Cabarrus County Public Registry: Book 6465 at Page 37, Book 7244 at Page 38, Book 7968 at Page 18, Book 8516 at Page 10, Book 9001 at Page 138, Book 9423 at Page 31, Book 9423 at Page 45, Book 11713 at Page 144, Book 12863 at Page 265, Book 13555 at Page 194, Book 14157 at Page 86, and Book 14765 at Page 214. 16968 0115 IN WITNESS WHEREOF, the undersigned co-Trustees do hereby sign and seal this Certification of Trust this 12th day of June, 2024. TUCKER FAMILY TRUST DATED OCTOBER 21, 1996 By �:):LC - i' rfl,` ( rf 11 ,Ili -I (/ 1l' f helia Clontz Tucker. Succes ar Trustee Myra Carla Fritts Downs, Successor Trustee By: /f Louis James T er, II, Successor Trustee STATE OF NORTH CAROLINA COUNTY OF CABARRUS I, JASON A. OESTERREICH, a Notary Public for Stanly County and said State, do hereby certify that SHELIA CLONTZ TUCKER, MYRA CARLA FRITTS DOWNS, AND LOUIS JAMES TUCKER, II, AS SUCCESSOR TRUSTEES OF THE TUCKER FAMILY TRUST DATED OCTOBER 21, 1996, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and notarial seal,this the 12th day of June, 2024. • ary Public ASON A. OESTERREICH Print Name-Notary Public: My Commission Expires: 01/27/2026 (SEAL)" -' Ew.v�313btAa1 17 ti(.+ 1 2 16968 0116 EXHIBIT A 3 16968 0117 • 13. Manner of Exercise. Any power created by this section may be exercised by a writing making specific reference.to this trust agreement and section,and the subsection creating the power exercised, delivered to the Trustees any time before the power lapses. If the power can only be exercised in the event of the death of the power holder or the exercise is to take effect in the event of the death of the power holder, it may be exercised by a similar reference to this trust agreement and section, and the subsection creating the power exercised, in the last will and testament of the power holder. if a power holder attempts to exercise a power of appointment or withdrawal by both a writing delivered to the Trustees and by will,the provisions of the power holder's valid will, admitted to probate in this or any other jurisdiction of which the power holder may die a resident, shall control the distribution of the assets of any trust established under this trust agreement,regardless of the date of any other attempt to exercise the power. Unless the power holder exercises the power by the specific reference required by this subsection the Trustees shall continue to exercise their powers under this trust agreement and distribute the trust estate in the manner described in sections 2 and 3 of this trust agreement, Section 6. Trustees Powers. A. General. We hereby grant unto the Trustees all the powers set forth in North Carolina General Statutes section 32-27, incorporated herein by this reference, except the provisions of North Carolina .General Statutes section 32-27 (31), expressly not incorporated hereby. We intend for these incorporated powers and the powers set forth below to be additional powers of the Trustees, and not limitations on the powers otherwise granted them by law. B. Allocate income and Principal.. The Trustees shall allocate as they deem most reasonable and advantageous to the beneficiaries, the receipts, disbursements, and expenditures of any trust established under this trust agreement between principal and income. The Trustees may make such allocation without regard for the Uniform Principal and Income Act as contained in Chapter 37 of the North Carolina General Statutes or other rule of law. C. Retain and Acquire Property. The Trustees are expressly authorized to retain any property transferred to them, regardless.of whether it produces income and even if its maintenance and upkeep burdens the trust estate. The Trustees are expressly authorized to acquire property for the use and benefit of the beneficiaries, regardless of whether it produces income and even if its maintenance and upkeep burdens the trust estate. The Trustees shall exercise.their discretion, in deciding whether to hold or dispose of any property transferred to them or whether to acquire any additional property, and shall not be liable to the beneficiaries for the consequences of any such decision. The Trustees,are expressly authorized to pledge any and all assets held subject to this trust.agreement as:collateral for any.borrowing by the Trustees . for any of the purposes Of this trust agreement. D. Borrow and Give Collateral, The Trustees are expressly authorized to borrow and to pledge any and all assets held subjects to this trust agreement as collateral for any borrowing by the Trustees for any cif the purposes of this trust agreement. Tucker Family Management Trust, Page 5 of 13 16968 0118 E. Dealing With Related Parties. The Trustees may sell assets of any trust established under this trust agreement to the beneficiaries, to any member of the family, or to themselves, as executor or Trustees of any other trust er estate at the fair market value thereof and purchase assets from any member of the family, from any other trust or estate or the beneficiaries thereof; for any trust established under this trust agreement at the fair market value thereof. The sale price to any Trustee Must be established by an independent qualified appraiser or by consent of all parties. The Trustees may also lend money to other trusts or estates, the beneficiaries thereof or any member of the family at rates of interest and upon security determined by the Trustees to be adequate. The trusts,estates and beneficiaries to which this power applies shall be limited to trusts created by us, the spouses, the parents, the lineal descendants, or their spouses, The estates and the estates of the spouses, the parents, the lineal descendants, and their spouses, the beneficiaries of those trusts and estates,and any other trusts or estates of which we, the spouses, the parents, the lineal descendants, or their spouses may be beneficiaries. The determination of the Trustees as to the fair market value of any asset or the adequacy of any security shall be final and binding on the beneficiaries. r. hold Assets in a Common Pund. The Trustees may hold. the assets of any and,all trusts established under this trust agreement as a common fund and make no designation among the assets 'so held as belonging to any separate. trust until the trusts terminate. Whenever the Trustees niake a distribution from any trust established under this trust agreement they may make the distribution in cash or in kind. The value the Trustees place on any property they distribute shall be final and bind the beneficiaries of all trusts established under this trust agreement. Section 7, Administration. A. Reports and Accounts. The Trustees shall not be required to file in any court, or with any public Official, any reports or accounts relating to the administration of any trust established under this trust agreement. The Trustees shall, however,furnish annually,or at more frequent intervals, reports and accounts of the trust to each adult beneficiary and to the guardian of each minor beneficiary. B. Oaths and Bonds.. Neither the named Trustees,substitute trustees, nor any successor or additional trustees shall be required to take the oath required of executors before the Clerk of Superior Court or to file any document with the Clerk: The named Trustees or substitute trustees and any successor or additional trustees nominated as herein provided shall serve without posting bond for the faithful performance of the duties of trustee. C. Decision Benefiting a Trustee. No Trustee who is a beneficiary of any trust established under this trust agreement shall have any authority to make any decision concerning any discretionary distribution from any trust established under this trust agreement to himself or herself, or to take any action for his or her benefit unless the decision to make any such distribution or to take any such action would require the consent of one or more other Trustees having adverse interests. The remaining Trustees have the sole power and authority to exercise any power conferred on the Trustees by this trust agreement that would otherwise require the Tucker Family Management Trust, Page 6 of 13 16968 0119 • I F. Actions by Trustees. Except as otherwise provided in this section, the Trustees shall act by the vote of the majority. The Trustees may by an agreement executed by each of them, subject to the limitations contained in this section and elsewhere in this trust agreement, select one or more of their number to exercise any, all, or any part of the powers granted to them under this trust agreement. No distribution shall be made from any of the trusts established under this trust agreement to or for the benefit of any of the Trustees who are beneficiaries of the trust except by the unanimous consent of the remaining Trustees, unless, by an agreement executed by each of the Trustees pursuant to this section, the sole power and authority to determine whether such a distribution should he made is vested in a Trustee who is not a beneficiary of the trust. G. Trustee compensation. The Trustees, additional and successor trustees may claim compensation for services to any trust established under this trust agreement at a reasonable hourly rate, or according to any fee or rate schedule regularly adopted from dine to time by the Trustees, additional and successor trustees or any of them: In addition to compensation under this section the Trustees, additional and successor trustees may claim reimbursement for any reasonable expenses incurred as a result of service under this trust agreement. The employment of an attorney, accountant, or other professional to advise the Tntstees additional and successor trustees or to provide services to any trust established under this trust agreement shall not affect the right of the Trustees, successor trustees, special trustee, or additional trustee to receive compensation as provided in this paragraph. H. Removal of Trustee. The Trustees, additional and successor trustees may be removed at any time, for or without cause, by a five sevenths (5/7) majority of the beneficial interests in the trust with each vote of a beneficiary counting as much as his or her percentage share. In taking any such action, the parents or legal guardian of any minor beneficiary of any trust established under this trust agreement may act for and on behalf of the minor. Notice of removal shall be in writing signed by the beneficiaries, or their parents or guardians,demanding the removal and shall be effective on the Iatter of the date of its actual delivery to the Trustees, additional or successor trustees being removed or any date specified in the notice. Section 8. Revocation. We hereby reserve the right,power and authority to_revoke,modify,or amend; all or any portion of this trust agreement. Any revocation, modification, or amendment of this trust agreement shall be effective only if it is in a writing drawn for the sole purpose of revoking, modifying, or amending this trust agreement and is signed by a five sevenths (5/7ths) majority of the persons holding beneficial interest in the trust, with each vote of a beneficiary counting as much as his or her percentage share, acknowledged before a notary public or other official authorized to take oaths prior to incompetence or incapacity. • Tucker Family Management Trust, Page 8 of 13