20100408 Ver 1_Conservation Easements_20161206 (5)

Filed in JOHNSTON COUNTY, NC
CRAIG OLIVE, Register of Deeds
Filed 04/14/2015 02:47:41 PM
DEED BOOK: 4582 PAGE: 376-387
INSTRUMENT # 2015449704
Real Estate Excise Tax $190.00
Deputy/Assistant Register of Deeds azieverink
PREPARED IN PART BY &
RETURN TO:
Elizabeth A. Falk, Attorney
Perry, Perry & Perry
P.O. Drawer 1475
Kinston, NC 28503-1475
STATE OF NORTH CAROLINA W A MLtAw
Io10. o
PERMANENT CONSERVATION EASEMENT
COUNTY OF JOHNSTON
THIS CONSERVATION EASEMENT ("Conservation Easement') made this 13 day of
qyi 1 , 2015, by and between EBX-NEUSE I, LLC, a Maryland Limited Liability
Company its principal office located at 10055 Red Run Boulevard, Suite 130, Owing Mills, Maryland
21117-4860, hereinafter referred to as "Grantor" to THE NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC., a Non -Profit North Carolina Corporation with its principal office located at 300
North Greens Street, Greensboro, North Carolina 27429, hereinafter referred to as "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 AND DECLARATIONS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Johnston
County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein
by reference ("Property");
WHEREAS, Grantee is a nonprofit corporation whose purpose is the conservation of property, and is
qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35;

WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the
property in its natural state. The purpose of this Conservation Easement is to maintain wetland and/or
riparian resources and other natural values on a portion of the Property, consisting of approximately
30.925 acres and being more particularly described in Exhibit B attached hereto and incorporated herein
by reference (hereinafter referred to as the "Conservation Easement Property"), and prevent the use or
development of the Property for any purpose or in any manner that would conflict with the creation,
restoration, or maintenance of the Conservation Easement Property in accordance with this Conservation
Easement.
WHEREAS, the creation, restoration, and preservation of the Conservation Easement Property is a
condition of the approval of the inclusion of the Conservation Easement Property in Department of the
Army Permit Action ID SAW -2007-04137 issued by the Wilmington District Corps of Engineers,
required to mitigate for unavoidable stream and/or wetland impacts authorized by that permit. Grantor
and Grantee agree that third -party rights of enforcement shall be held by the U.S. Army Corps of
Engineers, Wilmington District (Corps, to include any successor agencies), and that these rights are in
addition to, and do not limit, the rights of enforcement under said permit.
NOW, THEREFORE, for an 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 Property described on Exhibit A, 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.
ARTICLE II
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Property 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 Property.
Without 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 Property 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 Property.
C. Industrial, Commercial, and Residential Use. Industrial, residential, and/or commercial
activities, including any right of passage for such purposes on or over the Conservation
Easement Property are prohibited.
D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or mowing of
trees, shrubs, or other vegetation on the Conservation Easement Property.
F. Roads and Trails. There shall be no construction of road, trails, or walkways on the
Conservation Easement Property, nor enlargement or modification of existing roads, trails, or
walkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement Property, except
the posting of no trespassing signs, signs identifying the conservation values of the
Conservation Easement Property, signs giving directions or proscribing rules and regulations
for the use of the Conservation Easement Property and/or signs identifying the Grantor as
owner of the Conservation Easement Property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waster, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks, or other materials on. the
Conservation Easement Property 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 Property, except to restore natural topography or drainage patterns.
J. Water Quality 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 info, within or out of the Conservation Easement
Property 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, all -terrain vehicles, cars, and trucks is prohibited on the Conservation Easement
Property other than for temporary or occasional access by the Grantee, its employees and
agents.

M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Property
which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Property substantially 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 Property for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation
Easement Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation
Easement Property, the right to sell, transfer, gift, or otherwise convey the Conservation Easement
Property, 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.
ARTICLE IV
GRANTEE'S RIGHTS
A. Ingress, Egress, and Regress: The Grantee, its employees and agents, successors, assigns and the
United States Army Corps of Engineers shall have a perpetual right of general ingress, egress and
regress over the Property at reasonable times to undertake any activities to restore, manage,
maintain, enhance and monitor the wetland and riparian resources of the Conservation Easement
Property in accordance with restoration activities or a long-term management plan. Unless
otherwise specified in this Conservation Easement, the rights granted herein do not include or
establish for the public any access rights.
B. Right to Inspect, Observe and Study: The Grantee or its authorized representatives, successors,
assigns and the United States Army Corps of Engineers shall have the right to enter the
Conservation Easement Property over the Property at all reasonable times for the purpose of
inspecting the Conservation Easement Property 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 shall also have the right to enter and go
upon the Conservation Easement Property over the Property 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 Conservation Easement, Grantee is allowed to prevent any
activity on or use of the Conservation Easement Property that is inconsistent with the purposes of
this Conservation Easement and to require the restoration of such areas or features of the

Conservation Easement Property 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,
the Grantee 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 may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding
the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary
restraining order, injunctive or other appropriate relief if the breach of the term 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 would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection with this
Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's
expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is
determined to be responsible for the breach. The United States Army Corps of Engineers shall
have all the same rights and privileges as the said Grantee to enforce said terms and agreements
contained within this Conservation Easement.
B. No failure on the part of the Grantee 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 to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring
any action against Grantor for any injury or change in the Conservation Easement Property
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 Property
resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and
that Grantor owns either 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 with the exception of those Exceptions listed on Schedule B — Section II of
Commitment No.201401793GV issued by Investors Title Insurance Company. Grantor further
warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out
of this Conservation Easement subject to those Exceptions listed on Schedule B — Section II of
Commitment No. 201401793GV issued by Investors Title Insurance Company and that Grantor
has the right to convey the permanent Conservation Easement and will warrant and defend title to

the same against the claims of all persons subject to those Exceptions listed on Schedule B —
Section II of Commitment No. 201401793GV issued by Investors Title Insurance Company.
B. Subsequent Transfer: 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 Property.
The Grantor agrees to provide written notice of such transfer at least thirty (30) 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 Property or any portion thereof
and shall not be amended, modified or terminated without the prior written consent and approval
of the United States Army Corps of Engineers.
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 under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the
Internal Revenue Code, 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. This instrument 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 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. Extinguishment. In the event that changed conditions render impossible the continued use of the
Conservation Easement Property for the conservation purposes, this Conservation Easement may
only be extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property 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.
H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in
Grantee. In the event that all or a portion of the Property 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. The parties stipulate that the fair
market value of this Conservation Easement shall be determined by multiplying the fair market
value of the Property that is unencumbered by this Conservation Easement (minus any increase in
value after the date of this grant attributable to improvements) by the ratio of the value of this
easement at the time of this grant to the value of the Property (without deduction for the value of
this Conservation Easement) at the time of this grant. The values at the time of this grant shall be
the values used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible
for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the
purposes of this Conservation Easement.
I. Notification. Any 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:
EBX-Neuse I, LLC
518 Plaza Blvd.
Kinston, NC 28501
To Grantee:
North Carolina Wildlife Habitat Foundation
300 North Greene Street,
Greensboro, NC 27429
To the Corps:
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
J. 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.
K. 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 Conservation Easement.

TO HAVE AND TO HOLD the aforesaid rights and easements perpetually unto Grantee for the aforesaid
purposes.
IN TESTIMONY WHEREOF, the Grantor has caused the instrument to be signed in its name by Ely J.
Perry, III, its duly authorized signer, the day and year first written above.
EBX-NEUSE I, LLC
BY: �4_(SEAL)
Ely J. Pe y, II Autho 'zed Signer (see attached
"Exhibit C" for proof of authority)
STATE OF NORTH CAROLINA
COUNTY OF Le nC) ► (
I, l�v-r �,�� , a Notary Public for County, North
Carolina, does hereby certify that Ely J. Perry, III, personally appeared before me this day and
acknowledged that he is an Authorized Signer on behalf of EBX-Neuse I, LLC, a Maryland Limited
Liability Company, and that by authority duly given and as an act of the company, he signed the forgoing
instrument in its name and on its behalf as its act and deed.
Witness my hand and official seal, this the l 4 day ofk9y_% k 2015.
Notary Public
My Commission Expires:
VERONI A S. PIEDRA
Notary Public. North Carolina
Duplin County
I'Ay Commission Expires
April 2.2019

IN TESTIMONY WHEREOF, NORTH CAROLINA WILDLIFE HABITAT FOUNDATION,
INC. has caused this instrument to be executed in its name by WILLIAM HARRISON
STEWART, JR., Treasurer of the corporation, in evidence of its consent and agreement to the
instrument set forth above.
STATE OF NORTH CAROLINA
COUNTY OF
I ' a N
North Carolina, do hereby certify that WILLIAM
before me this day and acknowledged that he is the
NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC.
C
BY:� A&;� V� (S )
William Harris n Stewart, Jr., Treasurer
nary Public for&C_V�OahOM County,
IARRISON STEWART, JR. sonally appeared
TREASURER of North Carolina Wildlife Habitat
Foundation, Inc., Grantee, a North Carolina non-profit corporation, and being authorized to do so,
executed the foregoing on behalf of the corporation as its act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
"�Z -c 2015.
97 N
My commission expires: l �� e
a
4 4s.`�'
Nl

EXHIBIT A
TO PERMANENT CONSERVATION EASEMENT by and between EBX-NEUSE I, LLC, Grantor, and
NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., Grantee, dated the day of
"Property"
Being all of that certain 89.097 acre including right-of-way (88.290 acre excluding right-of-way) tract,
more or less, accordingly to a plat and survey entitled, "SURVEY FOR THE WORLEY SITE FOR EBX
NEUSE I, LLC" dated May 25, 2010, prepared by Matrix East, PLLC, recorded in Plat Book 75, Page
175, Johnston County Registry.
For chain of title information, see Book 3864, Page 969, and being a portion of the property described in
Book 3404, Page 520, both of the Johnston County Registry.

EXHIBIT B
TO PERMANENT CONSERVATION EASEMENT by and between EBX-NEUSE I, LLC, Grantor, and
NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., Grantee, dated the a day of
h , 2015.
"Conservation Easement Property"
Being all of those certain tracts labeled as Conservation Easement Area 3, Conservation Easement Area 4,
Conservation Easement Area 5, and Conservation Easement Area 6 on plat by Christopher K. Paderick,
Professional Land Surveyor (L-4189), entitled, "CONSERVATION EASEMENT SURVEY OF THE
RUDOLPH SITE FOR EBX NEUSE I, LLC", dated November 21, 2012, and recorded in Plat Book 80,
Pages 282-283, Johnston County Registry. A reference to said plat is hereby made for a more detailed
and accurate description.

EMBIT C
TO PERMANENT CONSERVATION EASEMENT by and between EBX-NEUSE I, LLC, Grantor. and
NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., Grantee, dated thetday
of ADyii
Proof of Authority
$BX ItiEUSE 1, LLC
CERTIFICATE OF MEMBERS
373E UNUEBSIGIM I y CFRi4Y as follows:
A We c4uti it: ell of the Mcmbers of EBX-NE{3SE L LLC, a WrAand I -Embed
liability company (',he `ccMPzay");
B. Tbz Company is h=by euthori=d to sell and coavey real pnsp.—.,y lo61„-d
in Duplin. Oe slow, t e ir, Wayfle, 8 per, Wim, mss, , Granville, FmmH� Nash.
WiT M Fitt, Cmvcn, JcDcr-, Pamlico, Ca: rasa, S=soa, Pend=. Now Hsaavcr, Pjcbm=cl and Jobnssan
Cext 4m b'acth Carou=
C. Tho Canpmy ish=by c6oriud to cmcan and &Mvcr for rexatdation ami
the sand mads of Doplia, Onslow, I.dair, Wcy� Oram, Person, Wake, Qsrroe, Dimbam, G=vMe,
Prandin. Nash WiOm Pin, CtavM Jones, Pamiieo, Catty SaMSM Peados, New EaaovW,
Rim and Johas`xn Cows, 'Noah Carolina ek=larmdoes of cxservaS= cVR=ttgs, candies,
and zest iCinas or simg mtmlrmezft with respect to cc --.em real ptopeny [occod im Shah Cb=jes;
cad
D. Ely I perry Ul cmd $tart R=lolph, or aid= of theme = h=tby at d=iz=d to
cx=a a and driver (i) a deed coavey�ag din property specificd in Paragraph B above in the
name cd on bcbeH of thL Company and (ii) to exea,te and d-..ivc declullio= or other
iasLnmxat specified in Parbgraph C above is the name and on bdolf of tau Co=p=y and
(iii) to exe=c and deliver such ot= docwb=L% its, and cmf6m = anti to take uxb
oto actions is oo==tioa d=cwi:h as they, or cithw of d=art, deco app=prWe .
LN VVnWMS VI�W. the: =dersigued have eatoeuted this Cectificec as of the 7" eery
ofMarrh 2013.
ENVIRONIMIUAL BANC & EKCITANGF, LLC PERRY WETLANDS, LLC
By. 4.
By
-
Thomas L, Rinker, Adhorkod. Pearson EIy J. lP>, II. rtlo ' e=n