SW1170501_Property Deed_20170517

DECLARATION OF TRUST
This Declaration of Trust made on the z$ day of December, 1976,
by James Eade Anderson, who, depending upon the context, is sometimes
hereinafter referred to as "Grantor" and sometimes as "Trustee"
1. Trust Property. The Grantor hereby declares that he has
received in trust, by transfer from himself as an individual and
that he holds as Trustee, certain real estate located in Henderson
County, North Carolina, to -wit:
BEGINNING at a stake at the intersection of the Southwest
margin of the Ledbetter or Brick Kiln Road.with the
southeast margin of the Boylston Road or Highway No. 280
and runs thence along the eastern margin of said Highway
South 47 deg. 30' West 855 feet to a stake on the south-
east margin of said Road, and which stake is replacing
a Spanish oak; thence South 23 deg. East along the
dividing line between the lands hereby conveyed and that
designated Lee Scruggs 2027 feet to a stone on top of
mountain, common corner between the lands hereby conveyed
and that of Lee Scruggs and P. A. Rahn; thence along the
dividing line of the lands hereby conveyed and that of
said Rahn, South 84 deg. East 800 feet to a stone on top
of ridge; thence along the dividing line of the lands
hereby conveyed and that designated Roe Anderson North
6 deg. West 100 feet to a stake; North 14 deg. 30' West
100 feet to a stake; North 0 deg. 30' West 200 feet to a
stake on the Ridge; thence North 23 deg. East 100 feet
to a stake on said ridge; thence North 25 deg. East 100
feet to a stake on said ridge; thence North 11 deg. East
200 feet to a stake; thence North 5 deg. East 145 feet
to a stake; thence North 18 deg. West 121 feet to a
stake; thence North 22 deg. East 237 feet to a stake in
a branch; thence with a branch North 74 deg. East 129
feet to a stake in the Ledbetter or Brick Kiln Road;
thence along the center of the said Ledbetter or Brick
Kiln Road as follows: North 58 deg. West 235 feet to a
stake; North 37 deg. west 321 feet to a stake in
Boylston Creek; thence North 39 deg. 30' West 726 feet
to a stake in said Road; thence North 39 deg. 30' West
726 feet to a stake in said Road; thence North 41 deg.
30' West 355 feet to the point of BEGINNING. Containing
59 5/10 acres, more or less,
said real estate hereinafter called "Trust Property".
2. Dispositive Provisions. The Trustee shall hold, manage,
invest, and reinvest the trust estate and shall apply and distribute
the income of the trust dstate in the following manner:
a. The net income of the trust estate shall be
distributed or applied, at least annually, to
or for the benefit of Mary Kate Anderson, the
sister of the Grantor, for her life; but,
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b. In no event shall this trust be terminated prior
to'`January 2, 1987, ' In the event of the death'of
Mary 1Cate.Anderson:, prior to said date, then and
in that event, I'direct`that 'the income from the
corpus of„the said trust be divided into ten
equAl'sharas to be paid'to the following named'
$os ond?gr beneficiaries:
X2 such share's to Herbert Carson Anderson
2'; such .ahares .to Elizabeth Ruth `(Anderson)- Brown
1'a)xch"share ''to'Melvin Roe Anderson'"
1 $4ich share io' Harold t.'Anderson
1'6uch'share to Hake Harding Anderson
"i.'auch,share to Benjamin Gullick Anderson
1'such'shaie'to Syble Margaret (Anderson) Carroll
'1 "such's2iare"to William Walter Anderson
c.•'""2n the''event that the said Farbert'Carson Anderson,
Elizabeth,Anderson, Melvin Roe Anderson, or Harold
L.`Ande'rson''shall"fail to survive the said Mary Kate
Ande{sgA or,shall die prior to the termination of
tbi's "trust; "th®n and in that 'event I direct 'that the
shore or shares of. the income which would have been
that to the said secondary beneficiary or
benef;ciaries shall be distributed to the children
of "'W deceased beneficiary,' er -strip '
14 the event that Hoke Harding Anderson, Benjamin
Gullick Ar&rson, Syble Margaret (Anderson) Carroll,
pr;Wiliimdt'walter"Anderson-shall fail, to survive the
satd,Mury'.$ate'Anderson or shall 'di_g'p'riorIto"the
tdrmiiad¢ion-a!',Chis trust, then and-isr-that event
such`,fhare or shares which would have been distributed
to' thesal.d,besieficiary''or Beneficiaries shall be
divided "among those secondary beneficiaries who shall
survive, in the same proportion as each such surviving
benefi. iary`shall enjoy to the whale of the said
Ina ., _!G
d. The duration* of this trust shall be for the life of
Mary i,Kste Anderson, or until January 2, 1967, which-
ever 's` later. ',Upon"the occurrence of January 2,
1967,"or`the death'of Mary Kate Anderson, whichever
is later, this trust shall terminate and the principal
and accumulated net income therefrom shall be divided
into+twelve equal shares to be distributed as follows:
`',2'such(shares'to Herbert Carson Anderson '
"`2"such shares to Elizabeth Ruth (Anderson Brown
2 such shares to James Ea.de Anderson
w. `.1 such,sbare`to'Melvin Roe Anderson
i suph share'to Harold L. Anderson
l such'share to Hoke Harding Anderson
1 such. share to Benjamin Gullick Anderson
"1 such'share to Syble Margarot (Anderson)Carroll
1 such. share to willian;Walter Anderson
in the, event that the said Herbert Carson Anderson,
Elizabeth -Ruth 1Anderson) Brown, Janes Eade Anderson,
uelvin Roe Anderson, or Harold L. Anderson shall
fail to survive the said Mary Kate Anderson and shall
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die prior to the termination of this trust, such
share or shares shall be distributed to
the children of such deceasedbeneficiary,r:stripns.
In the event that Hoke Harding Anderson, Henjamin
Gulliek .Andersen, Syble P9a;garet (Anderson) Carroll
or William [salter Anderson'shall^fail'to survive the
said ;.°ary Yate Anderson or shall die prior to the
termination of'this trust,'then and in that event,
such share or shares which would have been distributed
to•the said deceased beneficiary or beneficiaries
shall be aivided among those beneficiaries who shall
sorvive,'in the same proportion as each such
surviving beneficiary shall enjoy to the whole of
the said trust corpus.
3. Trustee's Powers: In'the administration of the
trusty
the Trustee shall have the following powers, all of which shall be
exercised only in a fiduciary capacity, primarily in the interest
Of the b?neficiarvz
a. To hold, manage, sell, e:cchange; invest, reinvest,
encumber, or, otherwise_ dispose of the trust property.
b. Without regard to diversification to invest the
trust property And to retain as trust property,
such investments as men of prudence may purchase
and hold for their own account, including, but not
by way of limitation, corporate shares, bonds,
debentures, real property, and interests -in
investment trusts.
c. To lease any real property for any purpose and
for terms extending beyond the duration of this
trust, and to create restrictions and easements
affecting such property.
d, To ccnpromise any Claim existing in favor of or
made against this trust.
e. To ai,va proxies, to deposit securities with and
to transfer title to committees representing'
security holders, and, to participate in voting'
trusts, reorganisations, and other transadtions
involving the conmon interest of security holders.
f. To exe>rciso all of the rights, privileges, and
powers which an absolute owner'of'the game
Property would have.
Notwithstanding anything herein contained to the contrary,
no powers enumerated herein or accorded to Trustee genernlly
pursuant to law shall be construed to enable the grantor, or the
Trustee or either of thee, or, any other person to purchase, e;srhancre,
or otherwise deal or.tth or dispose of R11 or any pert of tale corpus
MIM
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or isscorue of the trust for less than an adequate consideration in
raoney or money's worth, or to enabla the Grantor to borrow all or
part of the corpus or incos:,e of the trust, directly or indirectly,
without adequate interest or security. No parson other than the
'trustee, shall have or exercise the power to vote or direct the
voting of any shares or other securities of the trust, to control
the investment of the trust, either by directing inveztrLentzs Or
reinvestments or by vetoing proposed invesUtiapt.s or reinvestments,
or to reacquire or exchange any 'property of the trust by substitutin7
other property of an equivaleut value -
4. Lompensation of "Trustee. No compensation shall be paid
to Jazces Eade Anderson for his services as xruetea hereunder. Pay
Successor Trustee shall be entitled to reasoaaL•le compensation for
his services as Trustee.
S. Successor Trustee. Upon the de::atl,, r4signation, or
disqualification of James Fade Anderson, the Successor Trustee
shall be the First National I)ank of ztlanta, Gtiorgia, a corporation
located in Atlanta, Georgia.
G. Fond. The Trustee or Successor Tru3tee aawed herein
shall not be required to furuish any bond or, other security for the
performanca of his or its duties as P--uatee hereunder.
7. Irrevocability. T't,e trust creatc>d by this a�jreement
shall be irrevocable-. The Grantor hereby expressly acknowledges
that lie shall have no right or power, whenthrcr alone or in
conjunction with others, arid in whatovur cal)acity, to alter, attend,
revoke, or terminate the trust or any terres of this Declaration,
in chole or in part, or to designate the persons who shall. possess
or enjoy the trust property, or income therefra:. By this
instrument the Grantor intends to dnd doe:j hereby relinquish
aLsol.utely.for the term of this trust all possession or enjoyment
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:. 331.
of, or ri.crht to the income from the'truvsf'property, whether directly,
indirectly, or cnnstructivel}r, and every .interest of any nature in
the treat property;
In S imrss wr.r?pfior, this aareemont has been executed in
duplicate by James Rale Anderson, as Orantor and as Trustee,
1DATtr.) this xri' day of`�2c.u.K-Q�-c.�; 1976.
N'FS FAtDt ANDrPSOTT,Grantor
I �
it
jPJARESEDR, ANDERSON, Trus te. _--�-
STA'CF OF INDIAT..-TA
CITY OF MR.R.IOV, SS: � .•• , .
Before no a Notary Public in and ;for; Raid, County ,and State
ner!sonally appeased the orithin namedy James Eade Anderson, and
acknowledged the exncution of the foregoing instrument as his fret
and voluntary act and. rleed..
C7ITtTF..SS my hnn<'t and notarial seal this„1W day of ,(!✓��. , 1976.
Notary pub-....�..._.'.__.
YCy xioiY:+asion. expires:
idorui Carob Henderson C
ounty The foregoing certificate(s) of
Notay Public (tJotai "PuHi") is/
inaie certified to be correct. Thi,
strument presented for rrngisYratfoi'
th' �' _da of • C e� "nj! rt�nrtfcU in tWS erf'fieq
y '� 91.L at.�1r•� �

332
STATE OF NEW YORK
1l �1 SPECIFIC POWER OF ATTORNEY
COUNTY OF T \I h1 (—LS
MOW ATL MIN By U.MgE PRESENTS THAT the undersigned Violet B. Husni
does hereby authorize and empower Emile F. Husni as my lawful
Attorney -in -Fact to close in my behalf the purchase of that property )mown
as 10 Golf View Drive, Mills River Township, Henderson County, N.C., as
shown on Plat recorded in Plat Cabinet A, at Slide 356A, of the Henderson
Coimty N.C. Register's office, and the obtaining of a loan from Flrst
Citizens Bank & Trust Company to purchase said property. The purchase of
said property and the closing of said loan shall include for purposes of
enumeration, but not limitation, the execution of the following loan
documents:
1.
Deed of Trust.
2.
Promissory Note.
3.
Closing Statement.
4.
Lien Affidavits.
It is understood and agreed that Emile F. Husni is authorized and
empowered to execute other doctmnents as may be required to finalize and
close the above -referenced loan and purchase. The signature of Emile F.
Husni as my Attorney -in -Fact shall be binding upon the undersigned and I
ratify, confirm and adopt the signature of Emile F. Husni as my own.
This Specific Power of Attorney is executed pursuant to the provisions
of Chapter 32A of the North Carolina General Statutes and General Statute
47-115. This Power of Attorney shall not be affected by my subsequent
incapacity or mental incompetence. The powers herein shall remain
effective for so long as may be necessary to purchase the above-described
property and finalize the First Citizens Bank & Trust loan.
IN WITNFss WHEREOF, the undersigned has placed her hand and seal
this o1-0 day of December, 1991. (��
ZZ,4i6e: , (SEAL)
(MET B. HUSNI
STATE OF NEW ORK
COUNTY OF--�1n1(")S
IV
I, ..JON `�\) 1 i 1 POa a notary public of the
aforesaid State and County Ido hereby certify that VIOLET B. HUSNI
personally appeared before me this day and acknowledged the due execution
of the foregoing instrument.
WITNESS my hand and notarial seal this Zan �DecemUer, 1991.
Public
my Commission Expires: S k 13, Q Z
JOHN GI RUPPO
Nolo P.0c, Slam of Naw Yak
No. 43.4668618
O.olifled In Rkhmond Co my
commisslon Expires May 31, 19
ho Carolina, iende son County 'rho foregoing certificate(s) of
C:\HUSNIPOA,U—G�r�„TiD
Notary Public (Notaries Public)) is//are certified to be correct. This
Instrument prey ted for registration anndd recorded in this office
th' �� d yof 19�.at��.25�j,in Book !Z& Page—3 3a
ZUK
�7r
Agister of Deeds 01;.d (Depu