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
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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)"
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17
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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