HomeMy WebLinkAboutSW3171205 - Braeburn (2)McPhail & McPhail, P.A.
Attorneys at Law
831 E. Morehead Street, Suite 365
Charlotte, North Carolina 28202
E Fred McPhail, Jr.
Board Certified Specialist
Real Property Law—
Business, Commercial and Industrial Transactions
704-574-7507
fred@mcphail-law.com
December 1, 2017
Ms. Christy Latham
Chicago Title Insurance Company
200 S. Tryon Street, Suite 800
Charlotte, NC 28202
David W. McPhail
704-699-5008
david@mcphail-law.com
Re:
Owner: Mattamy Carolina Corporation, d/b/a Mattamy Homes, a North Carolina
corporation.
Lender: N/A.
Commitment No. 17-11574CH (the "Commitment')
Dear Christy:
This letter will serve as our Final Certificate in connection with the above. I
certify as follows:
We have no knowledge as to whether any Requirements of the Commitment have
been satisfied, other than as represented by the recording of the attached instruments.
Specifically, we can make no representation regarding the disbursement of funds, and
you should rely on the closing agent in regard to Requirements related to the same.
Status of record title has not changed since the effective date of the Commitment,
except with regard to recordation of the attached documents and the following:
Second Amendment to Deed of Trust, Assignment of Leases and Rents, Security
Agreement and Fixture Filing, recorded in Book 7040, at Page 857.
The effective date of this Final Certificate is the date and time of filing of the last
to be recorded of the enclosed documents.
Enclosed are copies of recorded documents, showing recording data.
Thank you for your usual prompt service.
Ygurs very
Da &W r
cc: Mr. Matthew G. St. Amand (w/ enclgsur`es)
BK 07040 PG 0857
COURTESY RECORDING
NO TITLE LIABILITY
PTTmn ELECTRONICALLY
UNION COUNTY NC
CRYSTAL CRUIQ
BILED Oat 25, 2017
AT 02:27:00 PM
BOOK 07040
START PAGE 0857
END PAGE 00861
INSTRUldMT 0 31420
EXCISF, TAX 0.00
SECOND AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF LEASES AND
RENTS, SECURITY AGREEMENT AND FIXTURE FILING
NAME AND ADDRESS OF
WB VILLAGE, LP
GRANTOR AND ASSIGNOR:
4800 North Scottsdale Road, Suite 4000
Scottsdale, Arizona 85251
NAME AND ADDRESS OF
FIRST AMERICAN TITLE INSURANCE
TRUSTEE:
COMPANY, a Nebraska corporation
201 S. College, Suite 1440
Charlotte, North Carolina 28244
NAME AND ADDRESS OF
TFCC INTERNATIONAL LTD.
LENDER AND ASSIGNEE:
cto Terra Firma Capital Corporation
22 St. Clair Ave. East
Level 2, Suite 200
Weston Centre
Toronto, Ontario M4T 2S5
Canada
PROPERTY ADDRESS /
Part of Phases 3 through 8, Boaters Village, Union
ABBREVIATED LEGAL
County, North Carolina, as applicable after giving
DESCRIPTION:
effect to all prior partial releases of said phases of
Land
Submitted electronically by 'First American Title Insurance Co. - NCS - Phoenix'
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the union county Register of Deeds.
PREPARED BY:
Jane S. Raltaee, Esq.
Roblawn Bwdshaw & Hinson, P.A.
101 North Tryon Shed, Suite 1900
Charlotte. North Carolina 28246
RECORDING REQUESTED BY
AND WHEN RECORDED hE4M TO:
Davies Wald Phillips & Vinebag UP
900 Third Avemte, 20 Floor
New Yah, New York 10022
NYC#-. 156927.2
BK 07040 PG 0858
THIS SECOND AMENDMENT TO DEED OF TRUST, ASSIGNMENT O
LEASES AND RENTS AND FIXTURE FLING (the "Amendment'l is made as of the 214
day of October, 2017, by WD VILLAGE, LP, a North Carolina limited partnership, as grantor
and debtor, whose address is 4800 North Scottsdale Road, Suite 4000, Scottsdale, AZ 85251
(hereinafter referred to as "Grantor"), and TFCC INTERNATIONAL LTD., as beneficiary and
secured party, whose address is c/o Terra Firma Capital Corporation, 22 St. Clair Ave. East, Level
2, Suite 200, Weston Centre, Toronto, Ontario M4T2S5, Canada (hereinafter referred to as
"Beneficiary'7.
RECITALS:
A. Grantor executed and delivered to First American Title htsurance Company, as
trustee for the benefit of Beneficiary (Frustee'� that certain Deed of Trust, Assignment of Leases
and Rents, Security Agreement and Fixture Filing dated as of October 28 2015, and recorded
October 28, 2015, in Book 6556, Page 846 in the Office of the Register of Deeds for Union County,
North Carolina, which was amended by that certain First Amendment to Deed of Trust,
Assignment of Leases and Rents and Fixture Filing dated as of November 13, 2015, and recorded
November 13, 2015 in Book 6567, Page 39, and then re-recorded on November 16, 2015, in Book
6567, Page 457 in the Office of the Register of Deeds for Union County, North Carolina
(collectively, the "Original Deed ofTrwt''). M capitalized terms not otherwise defined herein
shall have the meanings set forth in the Original Deed of Trust.
B. . Recital B to the Original Deed pf Trust recorded October 28, 2015, provides that
the principal and interest are to be paid in installments as provided in the Loan Agreement and the
Note (each as defined in the Original Deed of Trust), with the final installment being due and
payable not later than November 1, 2017. The Loan Agreement and the Note and the other Loan
Documents (as defined in the Loan Agreement) are being amended as of the date hereof pursuant
to that certain First Amendment to Loan Agreement and Omnibus Amendment of Loan Documents
by and among Grantor, Beneficiary and Walton Global Investments Ltd., as guarantor, to extend
the maturity date of the Loan Agreement and the Note to December 28, 2017.
NOW, THEREFORE, for and in consideration of the mutual covenants herein contained,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Amendment of Orleinal Deed of Trust. This Amendment is being recorded to
reflect, and the recitals to the Original Deed of Trust are hereby amended to provide, that the date
on which the final installment of principal and interest is due and payable is December 28, 2017.
2. References. All references in the Loan Documents to the "Deed of Thrust'' shall
mean the Original Deed of Trust as amended by this Amendment, and as hereafter amended,
modified, restated, supplemented, extended or renewed from time to time.
9%8i'Wd5@SMM011
BK 07040 PG 0859
3. Ratification. Except as 4ressly amended herein, the Original Deed of Trust
hereby ratified and confirmed by the parties and all the terms, provisions and conditions thereof
shall be and remain in full force and effect, and this Amendment and all of its terns, provisions
and conditions shall be deemed to be a part of the Original Deed of Trust. Nothing contained in
this Amendment shall in any way iinpair the security now held for the Obligations (as defied in
the Original Deed of Trust).
4. Entire Agreement: Modification. This Amendment embodies the entire
agreement and understanding among the parties hereto relating to the subject matter hereof, and
supersedes all prior agreements and understandings relating to such subject matter. This
Amendment may not be amended orally, but only by an agreement in writing signed by each of
the parties hereto.
5. Cautions. The captions set forth at the beginning of the various paragraphs of this
Amendment are for convenience only and shall not be used to interpret or construe the provisions
of this Amendment.
6. SeverabWty. To the extent any provision of this Amendment is prohibited by or
invalid under the applicable law of any jurisdiction, such provision shall be ineffective only to the
extent of such prohibition or invalidity and only in any such jurisdiction, without prohibiting or
invalidating such provision in any other jurisdiction or the remaining provisions of this
Amendment in any jurisdiction.
7. Successors and Assigns. This Amendment shall be binding upon, inure too the
benefit of and be enforceable by the respective successors and assigns of the parties hereto.
8. Counterparts: Effe6eness. This Amendment may be executed in counterparts
and by the different parties hereto on separate counterparts, each of which when so executed and
delivered shall be an original, but all of which shall together constitute one and the same
instrument.
9. No Novation It is the intent of Grantor and Beneficiary that this instrument shall
not constitute a novation and shall in no way adversely affect the lien priority of the Original Deed
of Trust.
[Signatures begin on following page.]
NYCM 1569"2
BK 07040 PG 0860
nV WITNESS WHEREOF, the undersigned have executed this Amendment 4 of the day
and year first above written.
GRANTOR:
WB Village, LP,
a North Carolina limited partnership
By: Walton Operating Holdco, LLC,
a Delaware limited liability company
its sole general partner
By: WDH Management, Inc.,
a Delaware corporation
its Manager
Name: Ryan J. KmreNh
Title: Vice President
STATE OF Arizona
COUNTY OF Maricooa
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document:
Name(s) of Principal(s): RNMI 1 Kttr %Sc&9Z
Date: October If • 2017 fit
Official Signature of Wotary
p6wx 44wm
Notary's printed or typed name
My commission expires: 7.4�Zo�o
(Official Seal) 14CMAZ3
[Grantor's Signature Page to Second Amendment to Deed of Trust]
NYC#. IS69272
BK 07040 PG 0861
BENEFICIARY:
TFCC INTERNATIONAL LTD.
By.
_OK�-
Naire. ro ( 0 f o *-r
Title: o� ] +r
ACKNOWLEDGEMENT
PROVINCE OF ONTARIO
"" . 110
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document:
Name of Principal:
Date: October 2017
Official Signature of Notary
®Vi✓ Evvlb( t'o,cr ari.►r
Notary's printed or typed name
My commission-ewiFes:14106 �L�G �O� 11Y..
(Official Seal
Dvlr David Hadary
Barrister 3 Softdtor, Notary Public
Notary Public Mustered with Ups Consulate General
dew United States of America in Toronto. Canada
torindientication purposes.
NYC#: IS69271
[Beneficiary's Signature Page to Second Amendment to Deed ofTrust]
> Union County, NC
Crystal D. Gilliard
Register of Deeds _
Instrument Type : ASGM Receipt #: 2017-449292
Instrument # : 34747 Date: 11/28/201711:42am
Book/Page : 07060 / 0292-00301 Pages: 10 Document: 1 of 4
1st Grantor : WB VILLAGE, LP LTD PTNS
Description: QUITCLAIM ASSIGNMENT OF RIGHTS
Description ___Pt Unit_Cost _ Extended
Deed and General Inst -first 15 1 — 26.00 26.00
pages - -- - --- --- -
Document 1 26.00
Instrument Type: DEED Receipt #: 2017-449292
Instrument # : 34748 Date: 11/28/201711:42am
Book/Page : 07060/0302-00311 Pages : 10 Document: 2 of 4
1st Grantor: WB VILLAGE, LP LTD PTNS
1st Grantee : MATTAMY CAROLINA CORPORATION
Description:
Description
Y
Unit Cost
__— Extended
Deed and General Inst - first 15 1
26.00
26.00
pages
Excise Tax
1
12,200.00
12,200.00
_ _ _ _
Document 2
_ _
12,226.00
Instrument Type:
DEED
Receipt # : 2017-449292
Instrument # :
34749
Date: 11/28/201711:42am
Book/Page:
07060 / 0312-00316 Pages: 5
Document: 3 of 4
1st Grantor:
WB VILLAGE, LP LTD PTNS
1st Grantee:
MATTAMY HOMES
Description:
Description
Qty
Unit Cost
Extended
Deed and General Inst- first 15 1 26.00 26.00
pages -- ---
Document 3 26.00
Instrument Type: EASE Receipt #: 2017-449292
Instrument # : 34750 Date : 11/28/2017 11:42am
Book/Page: 07060 / 0317-00326 Pages: 10 Document: 4 of 4
1st Grantor: BONTERRA BUILDERS, LLC
1st Grantee : MATTAMY CAROLINA CORPORATION
Description:
Description �Qt r _ Unit Cost —_ _ _Extended_
Deed and General Ink- first 15 1 26.00 26.00
pages — -- - - — -- -- - - -- — -
Document 4 26.00
Grand Total
12,304.00
Check 10947
-12,278.00
Check 2002
-26.00
Balance
0.00
Customer Copy
FILED
UNION COUNTY, NC
CRYSTAL D. GILLIARD
REGISTER OF DEEDS
FILED Nov 28, 2017
AT
11:42 am
BOOK
07060
START PAGE
0292
END PAGE
0301
INSTRUMENT
# 34747
EXCISE TAX
(None)
SH
Prepared By And Mail To:
St. Amand & Efird, PLLC (MGS)
3315 Springbank Lane, Suite 308
Charlotte, NC 28226
STATE OF NORTH CAROLINA QUITCLAIM ASSIGNMENT OF RIGHTS
COUNTY OF UNION
This Quitclaim Assignment of Rights ("Assignment") is entered into by and between WB Village, LP, a
North Carolina limited partnership ("Assignor"), and Mattamy Carolina Corporation, a North Carolina
corporation ("Assignee, as of the date on which it is recorded in the Office of the Register of Deeds of Union
County, North Carolina (the "Registry').
Recitals:
A. Simultaneously herewith, Assignee is acquiring all of Assignor's real estate assets in and to the
real property described on Exhibit A (attached hereto and incorporated herein by this reference)(the
"Property'), and Assignor desires to assign to Assignee all if its rights, title and interest, if any, under that
certain Easement and Development Agreement recorded in the Registry at Book 5092, Page 132 (the
"Development Agreement") to the extent applicable to the Property, and Assignee desires to accept and assume
all of the same as set forth in this Assignment.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Assignor and Assignee agree as follows:
1. Assignor hereby assigns, quitclaims, transfers and conveys to Assignee any and all rights and
obligations that it has under the Development Agreement as relative to the Property only (and not any other real
property) (the "Easement Rights and Obligations"), and Assignee hereby assumes the Easement Rights and
Obligations (except to the extent of any obligations which do not run with the ownership of the Property and
which were required to be completed by Assignor prior to the effective date of this Assignment and have not
been completed by Assignor as of the date of this Assignment), such assignment and assumption to be effective
as of the date of recording of this Assignment and the deed from Assignor conveying the Property to Assignee.
ASSIGNOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, AS TO WHETHER IT HAS, HOLDS OR MAY EXERCISE, ANY ABOVE-
DESCRIBED RIGHTS, AND TRANSFEREE ACKNOWLEDGES THE SAME, AND ACKNOWLEDGES
THE QUIT CLAIM NATURE OF THIS ASSIGNMENT.
2. Miscellaneous.
a. This Assignment shall be governed by and construed in accordance with the laws of the
State of North Carolina.
b. Binding Effect. This Assignment shall be binding upon and inure to the benefit of the
parties hereto and their respective permitted successors and assigns.
[Remainder of page left intentionally blank.]
2
IN WITNESS WHEREOF, Assignor has executed and sealed this Instrument as of the day and year
indicated below.
WS Village, LP, a North Carolina limited partnership
By: Walton Operating Holdco, LLC, a Delaware limited
liability company
Its: General Partner
By: WDH Management, Inc., a Delaware corporation
Its: Manager
Date: November 277, 2017
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I certify that the following person(s) personally_appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: Ryan J. Kretschmer
(name of principal)
Date: 11-s-7- "(7
[OFFICIAL SEAL]
4d-�I 'z "
Official Signature of Notary Public
ktrorop' Mr,;4
Notary printed or typed name
My commission expires: 7-&-2024
4813-3255-2501. v 1
NOTARY PUBLIC
STATE OARIZONA
RI Oy A
Maricop
HECTOR 1\4EZA
My COmmIssion Expires July 6, 2020
IN WITNESS WHEREOF, Assignee has executed and sealed this Instrument as of the day and year
indicated below accepting this assignment of rights.
Mattamy Caro ' a Co pora n, North Carolina corporation
By:
,J
Name: Mikell A. McElroy
Its: Division President — US
Date: November, 2017
STATE OF /V C v-4- �—
COUNTY OF M eC t_ i e b f -
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: 'tofv(st c.- , M,kzl) A. I`► 'drool
(naine O, f piincipal)
Date: I tl'Z -7 /1-7
[OFFICIAL SEAL]
4t•G,;�. � n �L,� l; t'
3
Official Signature of Notary Public
Notary printed or typed name
My commission expires: '-/ - t G - Z Z
SONYA KOMARINSKI
Notary Public, NOCCounth tylina
Mecklenburg ,res
My Commission Exp
A ril1n�2922
Exhibit A
Lying and being situate in Union County, North Carolina, and being more particularly described
as TRACT I and TRACT Il as follows:
TRACT I:
Beginning at 1" existing flat iron at the common corner of the Susan A. Jones Property (Bk.
499, Pg. 360) and the Edwina O. Leighton property (Bk. 5525, Pg. 398). Said 1" existing flat
iron having North Carolina State Plane coordinates of N:494153.24 E. 1516539.77 (NAD 83).
Thence with the aforesaid Leighton Property the following five (5) calls: (1) N 87° 17' 29" E
for a distance of 199.80 feet to a 1" existing iron pipe; (2) N 870 14' 14" E for a distance of
149.51 feet to a 3/4" existing iron pipe; (3) N 86° 41' 18" E for a distance of 459.45 feet to a
3/4" existing iron pipe; (4) N 70°36' 40" E for a distance of 410.36 feet to an existing axle; (5)
N 05° 09' 30" E for a distance of 439.75 feet to a 1/2" existing iron rebar located at the
southeasterly comer of The Chase, Inc. property (Bk. 953, Pg. 243).
Thence, with The Chase, Inc. property N 05° 07' 38" E for a distance of 627.44 feet to an
existing axle a corner of the Bent Creek Homeowners Association property (Plat Cabinet F File
864).
Thence with the Bent Creek Homeowners Association property S 69-43-17 W 2078.60 feet to
a 1/2" existing iron rebar on the existing right of way of Faith Church Road (60' Public Rte.
Thence running within the aforementioned right of way of Faith Church Road the following
two (2) calls: (1) S 69-44-19 W 45.32 feet to a point; (2) S 54-11-31 E 500.53 feet to a point.
Continuing within the right of way of Faith Church Road and running with the Susan A. Jones
property (Bk. 499, Pg. 360) S 54-13-16 E 364.94 feet to the point and place of beginning and
containing 32.978 acres more or less.
All as shown on an ALTA/ACSM survey prepar6d by Eagle Engineering Inc. (Russell L.
Whitehurst, PLS) and dated July 11, 2014.
TRACT 11
BEGINNING AT 1" EXISTING FLAT IRON AT THE COMMON CORNER OF THE SUSAN A. JONES
PROPERTY (BK 499, PG 360) AND THE EDWINA O. LEIGHTON PROPERTY (BK 5525, PG. 398). SAID 1"
E70S MG FIAT IRON HAVING NORTH CAROLINA STATE PLANE COORDINATES OF N: 494153.24; E:
1516539.77 (NAD 83).
THENCE WITH THE AFORESAID LEIGHTON PROPERTY THE FOLLOWING FIVE (5) CALLS: (1) N 87° 17'
29" E FOR A DISTANCE OF 199.80 FEET TO A 1" EXISTING IRON PIPE; (2) N 870 1411411 E FOR A
DISTANCE OF 14951 FEET TO A VT RUSTING IRON PIPE, (3) N 86° 41' 18" E FOR A DISTANCE OF 459.45
FEET TO A Me EXISTING IRON PIPE; (4) N 700 36'40" E FOR A DISTANCE OF 410.36 FEET TO AN
EXISTING AXLE; (5) N 05° 09' 30" E FOR A DISTANCE OF 439.75 Mr TO A IT EXISTING IRON REB"
LOCATED AT THE SOUTHEASTERLY CORNER OF THE CHASE, INC. PROPERTY (BK 953, PG • 243).
THENCE, WITH THE CHASE, INC. PROPERTY N'050 07'38R E FOR A DISTANCE OF 627.44 FEET TO AN
E UST]NG AXLE A CORNER OF THE BENT CREEK HOMEOWNERS ASSOCIATION PROPERTY (BR.1413,
PG. 594).
THENCE WITH THE BENT CREEK HOMEOWNERS .ASSOCIATION PROPERTY S 61" 22'35" ,E FOR A
DISTANCE OF 157.80 FEET TO A 5/8" EXISTING IRON REBAR; THENCE, N 23' 13'31" E PASSING AN 3/d'
EXISTING IRON PIPE AT 440.55 FEET FOR A TOTAL DISTANCE OF 455.04 FEET TO A POINT IN THE
CENTERLINE OF THE NORTH FORD OF CROOKED CREEK A CORNIER OF THE WALTER M. BYRUM
PROPERTY (BK. 935, PG. 755).
THENCE WITH THE MEANDERINGS OF THE NORTH FORK OF CROOKED CREEK AND WITH THE
AFORESAID BYRUM PROPERTY THE FOLLOWING FOURTELN (14) CALLS: (1) S 50' 44'31" E FOR A
DISTANCE OF 136.89 FEET TO A POINT; (2) S 08' 12'29"W FOR A DISTANCE OF 23.48 FEET TO A POINT;
(3) S 63' 33' 39" E FOR A DISTANCE OF 121.47 FEET TO A POINT; (4) N 46" 09'11" E FOR A DISTANCE OF
56.65 FEET TO A POINT; (5) N 62" 57' 12" E FOR A DISTANCE OF 51.06 FEET TO A POINT; (6) S 51" 22'14"E
FOR A DISTANCE OF 56.60 FEET TO A POINT; (7) N 61" 11' 04" E FOR A DISTANCE OF 56.53 FEET TO A
POINT; (8) S 750 25' 23" E FOR A DISTANCE OF 166.64 FEET TO A POINT; (9) S 04' 54' 06" E FOR A
DISTANCE OF 9422 FEET TO A POINT; (10) S 76" 05122' E FOR A DISTANCE OF 61.80 FEET TO A POINT;
(11) S 39' 40' 42" E FOR A DISTANCE OF 511.90 FEET TO A POINT; (12) S 30' 51'13' W FOR A DISTANCE
OF 133.10 FEET TO A POINT (13) N 77' 49' 21" E FOR A DISTANCE OF 43.76 FEET TO A POINT, (14) S 48"
51'00" E FOR A DISTANCE OF 5838 FEET TO A POINT. THENCE, LEAVING THE NORTH FORK OF
CROOKED CREEK AND CONTINUING WITH THE BYRUM PROPERTY N 49' 34' 46" E FOR A DISTANCE
OF 20.14 FEET TO A W EXISTING IRON REBAR ON THE BANK OF THE CREEK; THENCE, N 49" 34'46" E
FOR A DISTANCE OF 808.33 FEET TO A 518" 01STING IRON REBAR A CORNER OF THE WILLIAM E.
FISHER PROPERTY (BK 603, PG. 279).
THENCE WITH THE WILLIAM E. FISH$R PROPERTY N 85° 50'21" E FOR A DISTANCE OF 510.77 FEET TO
A W NEW IRON REBAR A CORNER OF THE FRIENDS OF TROOP -AND PACK 276, INC. PROPERTY (BK..
3651, PG. 458
THENCE WITH THE FRIENDS OF TROOP AND PACK 276, INC. PROPERTY S 48" 01' 11" E FOR A
DISTANCE OF 845.00 FEST TO A W EXISTING IRON REBAR ON THE LINE OF THE MAXINE
CUNNINGHAM TOMBERLIN PROPERTY (B)L 357, PG. 172).
THENCE WITH THE MAXINE TOMBERLIN PROPERTY S 19' 58'33"W FOR A DISTANCE OF 92857 FEET
TO A W EXISTING IRON REBAR IN THE CENTER OF A TRANSMISSION LINE RIGHT OF • WAY AND
BEING A CORNER OF THE ANNANDALE OWNERS ASSOCIATION, INC. PROPERTY (BK. 5016, PG. 442).
THENCE BffH[ THE ANNANDALB OWNERS ASSOCIATION, INC. PROPERTY THE FOLLOWING"SIX (6)
CALLS: (1) S 22" 12'47" W FOR A DISTANCE OF 805.16 FEET TO A TO A VP NEW IRON REBAR; (2) S 74"
39'40" E FOR A DISTANCE OF•310.21 FEET TO A 15" GUM TREE; (3) S 00' 06127" E FOR A DISTANCE OF
80.68 FEET TO AN 18" GUM TREE; (4) S 54' 16'09' E FOR A DISTANCE OF 410.06 FEET TO A 12"
MULBERRY TREE; (5) S 21' 54' 19" W FOR A DISTANCE OF 505.47 FEET TO AN EXISTING STONE BY A
48" OAK TREE; (6) S 22' 12' 30" W FOR A DISTANCE OF 222,63 FEET TO A 1" EXISTING IRON PIPE IN A
CREEK A CORNER OF THE BONTERRA VILLAGE HOMEOWNERS ASSOCIATION, INC. PROPERTY (By-
5266,
BK.5266, PG. 834).
THENCE WITH THE BONTERRA VILLAGE HOMEOWNERS ASSOCIATION, INC. PROPERTY AND THE
BONTBRRA VILLAGE, LLC PROPERTY (TAX PIN 07-021-554) THE FOLLOWING TWENTY THREE (23)
CALLS:
(1) S 28' 01' 21" W FOR A DISTANCE OF 286.02 FEET TO A NEW 'N' IRON REBAR; (2) N 42' 42' 47" W FOR
A DISTANCE OF 115.80 FEET TO A 1/2" NEW IRON REBAR; (3) WITH THE ARC OF A CIRCULAR CURVE
TO THE LEFT HAVING A RADIUS OF 124.00 FEET, AN ARC LENGTH OF 64.89 FEET AND WHOSE LONG
CHORD BEARS N 57' 43'17" W FOR A DISTANCE OF 64.15 FEET TO A la, NEW IRON REBAR; (4) N 72'
42,47" W FOR A DISTANCE OF 34.25 FEW TO A 112" NEW IRON REBAR; (5) WITH THE ARC. OF A
CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 90.00 FEST, AN ARC LENGTH OF 1359 FEET
AND WHOSE LONG CHORD BEARS N 06' 35'51" E FOR A DISTANCE OF 1358 FEET TO A 1/2" NEW IRON
REBAR; (6) N 87' 43'47"W FOR A DISTANCE OF 60.00 FEET TO 112" NEW IRON REBAR; (7) WITH THE
ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 30.05 FEET, AN ARC LENGTH OF
2356 FEST AND WHOSE LONG CHORD BEARS S 240 46'13"W FOR A DISTANCE OF 22.96 FEST TO A 112"
NEW IRON REBAR; (8) S 47' 13'59" W FOR A DISTANCE OF 74.83 FEET TO A 112" NEW IRON REBAR; (9)
N Sr 43'38"W FOR A DISTANCE OF 78283 FEET TO A 1/2" NEW IRON REBAR; (10) S 02' 16'13" W FOR
A DISTANCE OF 179.00 FEET TO A SET P.K. NAIL; (11) N 87' 43'47n W FOR A DISTANCE OF 20.00 FtEI'
TO A 1/2" NEW IRON REBAR; (12) S 02' 16113"W FOR A DISTANCE OF 15857 FBET TO A 1/2" NEW IRON
REBAR; (13) S 47' 16'13" W FOR A DISTANCE OF 218.57 FEET TO A SET P.K. NAIL; (14) S 47' 01'48" W
FOR A DISTANCE OF 37.84 FEET TO A W NEW IRON REBAR; (15) S 42' 43,32-1 E FOR A DISTANCE OF
30.00 FEET TO A SBT P.K. NAII.'IN THE CENTER OF TRUSTY STEED LANE; (16) THENCE, WITH THE
CENTERLINE OF TRUSTY STEED LANE S 47' 16128" W FOR A DISTANCE OF 745.00 FEET TO A SST P.K.
NAIL IN THE CENTER OF PAINM HORSE DRIVE; (17) S 42' 43'32" E FOR A DISTANCE OF 134.00 FEBT
TO A SST P.K. NAIL AT OR NEAR THE INTERSECTION OF PAINTED HORSE DRIVE AND BACKSTRETCH
BOULEVARD; (18) S 47° 1612811 W FOR A DISTANCE OF 174.00 FEET TO A SET P.K. NAIL IN THE CENTER
OF BACKSTRETCH BOULEVARD; (19) N 42' 38' 42" W FOR A DISTANCE OF 395.19 FEET TO A 1/2"
EMS, NG IRON REBAR; (20) S 47' 28151" W FOR A DISTANCE OF 44.81 FENT TO A 112" EXISTING IRON
REBAR; (21) N 81' 58'22" W FOR A DISTANCE OF 114.73 FEET TO A 1/2" EXISTING IRON REBAR; (22) N
49' 32'23" W FOR A DISTANCE OF 120.39 FEET TO A 1/2" EXISTING IRON REBAR BY A 40" OAK; (23) S
77' 47' 52" W FOR A DISTANCE OF 232.79 FEET TO A 1/2" EXISTING IRON REBAR BEING THE
SOUTHEASTERN CORNER OF THE WILU"S COMPANY PROPERTY (BK. 4065, PG. 393).
THENCE WITH THE AFORESAID THE WHIMS COMPANY PROPERTY AND WTTH* LOTS 2-13 OF
HEMBY WOODS (PLAT CABINET 7, FILE 81) THE FOLLOWING FIFTEEN (15) CALLS:
(1) N 15' 47' 46" B FOR A DISTANCE OF 1034.74 FEET TO A 2" EXISTING IRON PIPE; (2) N 15' 53'17' E
FOR A DISTANCE OF 228.21 FEET TO A 2" EXISTING IRON PIPE; (3) N 15' 41'20" E FOR A DISTANCE OF
116.45 FEET TO A 112" EXISTING IRON REBAR; (4) N 32' 35123" W FOR A DISTANCE OF 100.97 FEET TO A
112" EXISTING IRON REBAR; (5) N 330 251_43" W FOR A DISTANCE OF 32435 FEET TO A 5/8" EXISTING
IRON REBAR; (6) N 33' 34' 27" W FOR A DISTANCE OF 153.83 FEET TO A 1" EXISTING IRON PIPE, (7) N
82' 38'41" W FOR A DISTANCE OF 126.04 FEET TO A 1/B" EXISTING IRON REBAR; (8) N 19' 58'18' W
FOR A DISTANCE OF 299.91 FEET TO A 3/4" EXISTING IRON PIPE; (9) N 19' 58'42" W FOR A DISTANCE
OF 206.03 FEST TO A 3/4" MS'TING IRON PIPE; (10) N 73' 09' 34" W CROSSING A 2" EXISTING IRON
PIPE ATA DISTANCE OF 157.94 FEET FOR A TOTAL DISTANCE OF 188.66 FEET TO A 1/4" EXISTING
IRON REBAR; (11) S 77' 00' 03" W FOR A DISTANCE OF 17.91 FEET TO A 1/4" EXISTING IRON REBAR;
(12) S 77' 00'03' W FOR A DISTANCE OF 136.73 FEET TO A2" EXISTING IRON PIPE; (13) S 77' 00'03" W
FOR A DISTANCE OF 153.61 FEET TO A NAIL SET IN THE CONCRETE FOOTING OF AN EXISTING FENCE
POST; (14) N 21' 20'55' W CROSSING A 2" EXUMU IRON PIPE AT A 1)I9TAI4CE OF 1Y0.29 FSET Mg A
TOTAL DISTANCE OF 323.60 FEET TO A 2" EXISTING IRON PIPE; (15) S 76' 11'11" W FOR A DISTANCE
OF 149.88 FEET TO A 1/2" EXISTING IRON REBAR LOCATED AT THE SOU'T'HEASTERLY CORNER OF
THE ROBIN S. BARTLETT PROPERTY (BK. 4752, PG. 91).
THENCE, WITH THE AFORESAID BARTLETT PROPERTY THE FOLLOWING TWO (2) CALLS: (1) N 66' 52'
23" W FOR A DISTANCE OF 111.71 FEET TO A 1" EXISTING IRON PIPE, (2) N 66' 56'19" W CROSSING
FAITH CHURCH ROAD FOR A DISTANCE OF 350.24 FEET TO A 1" RUSTING IRON PIPE ON THE
SOUTHEASTERLY LINE OF THE RALPH T. BARTLETT PROPERTY.
THENCE, N Il' 24157H E A DISTANCE OF 27158 FEET TO THE POINT AND PLACE OF BEGINNING.
CONTAINING 253.544 ACRES MORE OR LESS.
LESS and excepting the following Three Parcels:
Parcel 1:
To find the Point of Beginning, commence at a %z' new iron rebar being the southwesterly corner
of the Annandale Owners Association, Inc. property (Bk. 5016, Pg, 442) thence, S 63-46-34
W 45.22 feet to a computed point being the true point and place of Beginning.
Thence from said point of beginning and running entirely within the boundaries of the Faith
Church Road, LLC property (Bk. 5030, Pg. 860) the following fourteen (14) calls:
(1) Thence, S 74° 47'50" E for a Distance of 320.94 feet to a point on a line; (2) thence, S 01*
12' 17" W for a distance of 74.08 feet to a point on a line; (3) thence, S 54' 24' 01" E for a
distance of 130.26 feet to a point on a line; (4) thence, S 35° 35'59" W for a distance of 41.46 -
feet to a point on a line; (5) thence, S 02° 17' 43" W for a distance of 233.75 feet to the beginning
of a non-tangential curve, said curve turning to the left through an angle of 34° 44'42", having a
radius of 180.00 feet, and whose long chord bears N 70° 10'08" W for a distance of 107.49 feet;
(6) thence, N 87° 32'27" W for a distance of 733.00 feet to the beginning of a curve; (7) said
curve turning to the right through an angle of 900 00" 54", having a radius of 25.00 feet, and
whose long chord bears N 420 32127" W for a distance of 35.36 feet; (8) thence, N 02° 27'33" E
for a distance of 22.13 feet to the beginning of a curve; (9) said curve turning to the left through
an angle of 450 42' 57", having a radius of 325.00 feet, and whose long chord bears N 20° 23'
55" W for a distance of 252.49 feet; (10) thence, N 430 15123 W for a distance of 391.58 feet to
a point on a line; (11)• thence, N 46° 34' 47" E for a distance of 866.73 feet to a point on aline;
(12) thence, S 67° 47' 13" E a distance of 464.46 feet; (13) thence, S 220 1214711 W for a distance
of 601.38 feet to the point and place of beginning and containing 20.00 acres more or less.
All as shown on an ALTA/ACSM survey prepared by Eagle Engineering, Inc. (Russell L.
Whitehurst, PLS) and dated March 5, 2012 and revised on March 28, 2012.
Parcel 2:
BEGINNING AT A %0 DQSTING IRON REBAR WHOSE NORi'Fm11G IS 493326.429 AND WHOSE
EASTING IS 1520260.102 AND BEING A CORNER OF THE ANNANDALE OWNERS ASSOCIATION, INC
PROPERTY (BK. 5016, PG. 442).
THENCE WITH THE ANNANDALE OWNERS ASSOCIATION, INC. PROPERTY THE FOLLOWING FIVE (5)
CALLS: (1) S 740 39' 40" E FOR A DISTANCE OF 310.21• FEET TO A IF GUM TREE, (2) S 000 06' 27' E
FOR A DISTANCE OF 80.68 FEET TO AN 18" GUM TREE; (3) S 540 IV 09" E FOR A DISTANCE OF 410.06
FEET TO A 12' MULBERRY TREE; (4) S 21° 54' 19° W FOR A DISTANCE OF 505.47 FEET TO AN
EXISTING STONE BY A 48" OAK TREE; (5) S 22° 12' 30" W FOR A DISTANCE OF 222.63 FEET TO A 1°
EXISTING IRON PIPE IN A CREEK A CORNER OF THE BONTERRA VILLAGE HOMEOWNERS
ASSOCIATION, INC PROPERTY (BK. 5266, PG. 634). THENCE WITH THE BONTERRA VILLAGE
HOMEOWNERS ASSOCIATION, INC. PROPERTY AND THE BONTERRA VILLAGE, LLC PROPERTY (TAX PIN
07-021-554) THE FOLLOWING THIRTEEN (13) GALLS; (1) S 280 01' 21' W FOR A DISTANCE OF 286.02
FEET TO A NEW W IRON REBAR; (2) N 42" 42' 47' W FOR A DISTANCE OF 115.80 FEET TO A 1/2'
NEW IRON REBAR; (3) WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF
124.00 FEET, AN ARC LENGTH OF 64.89 FEETAND WHOSE LONG CHORD BEARS N Sr 43' 17° W FOR A
DISTANCE OF 64.15 FEETTO A 1/2' NEW IRON REBAR; (4) N 72° 42' 47' W FOR A DISTANCE OF 34.25
FEET TO A 1/2' NEW IRON REBAR; (5) WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A
RADIUS OF 90.00 FEET, AN ARC LENGTH OF 13.59 FEET AND WHOSE LONG CHORD BEARS N 060 35'
51" E FOR A DISTANCE OF 13.58 FEET TO A 1/2" NEW IRON REBAR; (6) N 87° 43' 47" W FOR A
DISTANCE OF 60.00 FEET TO 1/2" NEW IRON REBAR; (7) WITH THE ARC OF A CIRCULAR CURVE TO
THE RIGHT HAVING A RADIUS OF 30.0S FEET, AN ARC LENGTH OF 23.56 FEET AND WHOSE LONG
CHORD BEARS S 240 46' 13" W FOR A DISTANCE OF 22.96 FEET TO A IM NEW IRON REBAR; (8) S 47°
13' ST W FOR A DISTANCE OF 74.83 FEET TO A 1/2° NEW IRON REBAR; (9) N 870 43' 38" W FOR A
DISTANCE OF 782.83 FEET TO A 1/2" NEW IRON REBAR; (10) S 02° 16' 13" W FOR A DISTANCE OF
179.00 FEET TO A SET PK. NAIL; (11) N 870 43' 47° W FOR A DISTANCE OF 20.00 FEET TO A i12" NEW
IRON REBAR; (12) S 020 16' 13" W FOR A DISTANCE OF 158.57 FEET TO A 1/2" NEW IRON REBAR; (13)
S 47° 16' 13" W FOR A DISTANCE OF 188.57 FEET TO A POINT; THENCE WITH A NEW BOUNDARY LINE
FOR BONTERRA, PHASE 4 THE FOLLOWING MGM (16) CALLS: (1) BEARING N 42-43-16 W A
DISTANCE OF 624.56 FEET TO A POINT; (2) WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF
25.00 A DELTA ANGLE OF 890 S9' 450, AND WHOSE LONG CHORD BEARS N 2-16-36 E A DISTANCE OF
35.35 FEET TO A POINT; (3) BEARING N 42-43-13 W A DISTANCE OF 50.05 FEET TO A POINT; (4)
BEARING S 47-9-30 W A DISTANCE OF 24.25 FEET TO A. POINT; (5) BEARING N 42.43-32 W A
DISTANCE OF 152.40 FEET TO A PO1NY; (6) BEARING N 47-16-28 E A DISTANCE OF 251.39 FEET TO A
POINT; (7) BEARING N 42-43-16 W A DISTANCE OF 530.11 FEET TO A POINT; (8) BEARING N 46-33-43
E A DISTANCE OF 476.28 FEET TO A POINT; (9) BEARING S 36-59-06 E A DISTANCE OF 352.60 FEET
TO A POINT; (10) WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT RAVING A RADIUS OF 330.00
FEET, AN ARC LENGTH OF 55.06 FEET AND WHOSE LONG CHORD BEARS S 41-45-52 E FOR A
DISTANCE OF 54.99 FEET TO A POINT; (11) BEARING N 43-27-21 E A DISTANCE OF 60.00 FEET TO A
POINT; (12) WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 270-00 FEET,
AN ARC LB96TH.OF 45.05 FEET AND WHOSE LONG CHORD BEARS N 41-45-52 W FOR A DISTANCE OF
44.99 FEET TO A POINT; (13) N 36-59-05 W A DISTANCE OF 401.48 FEET TO A POINT; (14) BEARING N
53-0-54 E A DISTANCE OF 1004.02' FEET TO A POINT; (15) BEARING N 41-58-49 E A DISTANCE OF
350.11 FEET TO A POINT; (16) BEARING N 41.0-49 E A DISTANCE OF 1297.84 FEET TO A POINT ON
THE LINE OF THE FRIENDS OF TROOP AND PACK 276, INC. PROPERTY (BK. 3651, PG. 458). THENCE
WITH THE FRIENDS OF TROOP AND PACK 276, INC. PROPERTY S 480 01' 11" E FOR A DISTANCE OF
165.25 FEET TO A 1/2" EXISTING IRON RESAR ON THE LINE OF THE MAXINE CUNNINGHAM
-TOMBERLIN PROPERTY (BK. 357, PG, 172). THENCE WITH THE MAXINE TOMBERUN PROPERTY S 19°
58' 33" W FOR A DISTANCE OF 928.57 FEET TO AN EXISTING IRON REBAR IN THE CENTER OF A
TRANSMISSION LINE RIGHT OF WAY AND BEING A CORNER OF THE ANNANDALE* OWNERS
ASSOCIATION, INC PROPERTY (BK. 5016, PG. 442). THENCE WITH THE ANNANDALE OWNERS
ASSOCIATION, INC. PROPERTY S 220 12 47" W FOR A DISTANCE OF 805.16 FEE!' TO THE POINT AND
PLACE OF BEGINNING. ,
LESS AND EXCEPT FROM THE ABOVE DESCRIBED PROPERTY THE BONTERRA VILLAGE
HOMEOWNERS ASSOCIATION, INC PROPERTY (BK. 5359, PG. 574). BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
TO FIND THE POINT OF BEGINNING, COMMENCE AT A 1/2° NEW IRON REBAR BEING THE
SOUTHWESTERLY CORNER OF -THE ANNANDALE OWNERS ASSOCIATION, INC. PROPERTY (BK. 5016,
PG. 442) THENCE, S 63-46-34 W 45.22 FEET TO A COMPUTED POINT BEING THE TRUE POINT AND
PLACE OF BEGINNING. .
THENCE FROM SAID POINT OF BEGINNING AND RUNNING ENTIRELY WITHIN THE BOUNDARIES OF
THE FAITH CHURCH ROAD, LLC PROPERTY (BK. 5030, PG. 860) THE FOLLOWING FOURTEEN (14)
CALLS:
•gugore;j gp0X `junoo uotun ioj spaaQ jo zalspag aq# jo ooDjp agp ut `anisnioui 179L
VnoTqP Z9L s2II3 `iAi l0uigeD ;lid u? papiooaz joasaT Told uo MA0gs sI aures se .t dvN `£ asuId
`MoluOU JO 99L PU� t,9L `£9L `Z9L `I9L `09L `65L `8SL `ttL `£bL `ZtL `It�L `0t `6£L `8£L `L£L
`9£L `9ZL `SZL `t,ZL `£ZL `ZZL `IZL `OZL `6 T L `8I L `L IL `9IL `SIL `bi L `£ IL STo'I Jo IT JrIIIIS
-eugoieD VIOM f4unoD uozun ioj
SpaaQ10 .zMS1201d agl Jo 00190 919 ui 691 Put' 89fi S0I `W TaurgLD WId ut p0pj00wJ02jagT lvId
uo utAogs sl aures se `Z dtW `£ osegd `sua}uog Jo 9LL PUB `SLL `VLL 'ELL `ZLL `ILL `OLL `69L
`89L `L9L `99L `LSL `99L `SSL `V5L `£SL `Z9L `I SL `05L `6t�L `8ft `Lt�L `9ft `S£L `17£L `££L `Z£L
`I£L `O£L `6ZL `SZL `LZL `ZIL `IIL `OIL `60L `8OL `LOL `9OL `SOL `t�OL `£OL gcqJo Irc D II3E1
lutl0re0 TWorl
'Aunoo uotun joj sp3aQ30 JAB!20g ag} Jo aagTp ag; m ZItl atl3 `J/1i Tautqu�;�Id uI pe 103W
jowaip idid uo umogs si aures se `I dvW `d£ osegd ` noluog JO ZOL PuT3 IOL 401Jo ire OMM
210 3VOW SMV 8£8319 SNIVJJd0013SVHd 'H2i3JN08 2104 a3MMMO SV MOM IWAL 3Hl
'SS31 No 321oW smv 00'02 _
ONINIVM W MV ONINNM39 d0 MVId aNV INIOd 3H1 of J.33:18E'T09 d0 3JNVJSIa V 210.4 M .,L1
,ZT oZZ S 133N3HL (EI) '.1M 91'191 d0 3JNVJSM V 3 AE .L1 oZ9 S 3ON3Hl (ZT) I3NI1 V NO JNIOd
V Ol J33d £.0998 d0 30NVJSIa WHOA 3 uL1.1£ a91 N 'Mmml (TT) ilimn V NO JNIod V OJ. J33d
ssui d0 33NVJSIa V do. M nEZ ST o£1 N' maa (01) �J33d 61'ZSZ d0 30NVJSIa V 210.4 M .SS
.EZ am swe MOM SNOT 3SOHM aNV'J33d 00'5M dO SnIaVa V 9NIAVH'uLS .Z1 oS1 40 319NV
NV H0notim w313Hl Ol SNINVU 3A163 aivs (6) IMSM V dO SNINNM39 3Hl 01 3.334 ET'ZZ d0
3ONVJSIa V 210d 3 ,.££ .LZ oZ0 N'3JN3KL (8) Uaw 9£'S£ d0 30NVJSIa V dOJ M -LZ .Z£ oZ1 N SW99
a21oH0 JNOI 3soHM aNV JIM00'SZ 40 sruava v 9NIAVH 'p15.0o 46 do 319NV NV H9noaHL
nand au Ol JNmu mum ales (!a =3AdrD V d0 SNINNIM 3H.L Ol 133:100'££L d0 30NUMa
V 2104 M .,LZ .ZE oL8 N•'30N3HL (9) UM 61'L01 d0 3MNVJSIa V VOd M -80 .01 o0L N S21V38
a210H9 9Noi 3SOHM aNV 'J33d 00'OST do Sniciw V 9NIAVH '.D A+ 01£ d0 319NV NV N9nodu
mm am of JNmr L 3A21fo am'3Aan9 iv N3JNVl NON V d0 EININNO38 3HL OL 13M SL'EEZ
do BDWIMa V 210.4 M ,.£1 IT oM S'30N3HL (S) .3Nn V NO JNIOd V Ol13M Wit, d0 30NVima
V d04 M a6S SE ZE S '30NBHL (1) -l3NI1 V "NO 1NI0d V Ol 133d 9Z'OET d0 MNVLSIa V VOJ
3.10.12 oK S'MN3Hl (£) f.3M V NO JNiOd V Ol J33d 8031 d0 30NVJSIa V 2104 M nLT XT GTO S
'30N3HL (Z) bN11 V No JNIod V OL 1334 16'OZE d0 MWJSIa V aOd 9 „OS .& o1L S .'33M3HL (1)
FILED
UNION COUNTY, NC
CRYSTAL D. GILLIARD
REGISTER OF DEEDS
FILED Nov 28, 2017
AT 11:42 am
BOOK 07060
START PAGE 0302
END PAGE 0311
INSTRUMENT # 34748
EXCISE TAX $12,200.00
SH
Excise Tax: $ �(, &3.(30L
Parcel IDs: 07021001, 07039034A, 07039034B, 07042045, 07042045A, 07042045B, 07039036, 07039036A
Prepared by: Camden Betz, Esq., Brooks Pierce (without title examination)
Return to: Grantee
Brief Description for the Index Bonterra Village Tracts, Phases 5-8
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED is made as of this it day of November, 2017, by and between
GRANTOR
WB VILLAGE, LP, a North Carolina limited
partnership
with a mailing address of:
Attn: P. Anthony Sparrow
1650 Tysons Boulevard, Suite 1500
Tysons, Virginia 22102
GRANTEE
MATTAMY CAROLINA CORPORATION
d/b/a MATTAMY HOMES, a North Carolina
corporation
with a mailing address of:
Attn: Bob Wiggins
2127 Ayrsley Town Blvd., Suite 201
Charlotte, NC 28273
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership.
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
WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, has and by these presents does give, grant, bargain, sell and convey unto Grantee in fee simple,
all those certain lots or parcels of land (the "Property") situated in Union County, North Carolina, and more
particularly described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
The Property was acquired by Grantor by instrument(s) recorded in Book 6091, Page 630 and Book 6567,
Page 35 in the Union County, North Carolina, Public Registry (the "Registry").
All or a portion of the Property herein conveyed does not include the primary residence of Grantor.
TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in
fee simple.
And Grantor covenants with Grantee, and warrants, that Grantor has done nothing to impair such title as
Grantor received, and Grantor will forever warrant and defend the title against the lawful claims of all persons
claiming by, under or through Grantor, except for the exceptions hereinafter stated.
Title to the Property hereinabove described is subject to the exceptions listed in Exhibit B attached hereto and
incorporated herein by reference.
[Signature Page Follows]
2
IN WITNESS WHEREOF, Grantor has hereunto set its hand the day and year first above written.
GRANTOR:
WB VILLAGE, LP, a North Carolina limited partnership
By: Walton Operating Holdco, LLC, a Delaware limited
liability company, its General Partner
By: WDH Management, Inc., a Delaware corporation, its
Manager
By:
Name: Ryan .1 Kretschm z,
Title: \Acrz
STATE OF klUo *
COUNTY OF MA{!(tAQAr
I certify that the following person personally appeared before me this day and acknowledged to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ? (j kr4 J. � R lSc6E►^ER
[Insert name of signatory in space above]
This the 21day of NoJ , 2017.
My Commission Expires:
"l"<P-7,ou
[Affix Notary Stamp or Seal]
otary���
Print Name: A
NOTARY PUBLIC
STATE OF ARIZONA
Madcopa County
HECTOR Ap ZA20
AMYmmission Expires Juiy
Exhibit A
Lying and being situate in Union County, North Carolina, and being more particularly described
as TRACT I and TRACT H as follows:
TRACT I:
Beginning at 1" existing flat iron at the common comer of the Susan A. Jones Property (Bk.
499, Pg. 360) and the Edwina 0. Leighton property (Bk. 5525, Pg. 398). Said 1" existing flat
iron having North Carolina State Plane coordinates of N:494153.24 E: 1516539.77 (NAD 83).
Thence with the aforesaid Leighton Property the following five (5) calls: (1) N 87' 17' 29" E
for a distance of 199.80 feet to a 1" existing iron pipe; (2) N 87° 14' 14" E for a distance of
14951 feet to a 3M' existing iron pipe; (3) N 860 41' 18" E for a distance of 459.45 feet to a
U -C' existing iron pipe; (4) N 70°36' 40" E for a distance of 410.36 feet to an existing axle; (5)
N 05° 09' 30" E for a distance of 439.75 feet to a 1/2" existing iron rebar located at the
southeasterly comer of The Chase, Inc. property (Bk. 953, Pg. 243).
Thence, with The Chase, Inc. property N 05° 07' 38" E for a distance of 627.44 feet to an
existing axle a comer of the Bent Creek Homeowners Association property (Plat Cabinet F File
864).
Thence with the Bent Creek Homeowners Association property S 69-43-17 W 2078.60 feet to
a 1/2" existing iron rebar on the existing right of way of Faith Church Road (60' Public R/VV).
Thence mmning within the aforementioned right of way of Faith Church Road the following
two (2) calls: (1) S 69-44-19 W 45.32 feet to a point; (2) S 54-11-31 E 500.53 feet to a point.
Continuing within the right of way of -Faith Chur&Road and running with the Susan A. Jones
property (Bk. 499, Pg. 360) S 54-13-16 E 364.94 feet to the point and place of beginning and
containing 32.978 acres more or less.
All as shown on an ALTA/ACSM survey prepared by Eagle Engineering Inc. (Russell L.
Whitehurst, PLS) and dated July 11, 2014.
TRACT 11:
BEGINNING AT 1" EXISTING FLAT IRON AT THE COMMON CORNER OF THE SUSAN A. JONES
PROPERTY (ML 499, PG. 360) AND THE EDWMA 0. LEIGHTON PROPERTY (BK 5525, PG. 398). SAID 1"
EXISTING FLAT IRON HAVING NORTH CAROLINA STATE PLANE COORDINATES OF N: 494153.24; E:
1516539.77 (NAD 83).
THENCE WITH THS AFORESAID LEIGHTON PROPERTY THE FOLLOWING FIVE (5) CALLS: (1) N 870 17'
29" E FOR A DISTANCE OF 199.80 FEET TO A 1" EXISTING IRON PIPE; (2) N 87° 14' 14" E FORA
DISTANCE OF 14951 FEST TO A 5/4' EXISTING IRON PIPE; (3) N 86" 41'18" E FOR A DISTANCE OF 459.45
FEET TO A Ve EXISTING IRON PIPE; (4) N 70" 36'40" E FOR A DISTANCE OF 410.36 FEET TO AN
EXISTING AXLE; (5) N 05° 09' 30" E FOR A DISTANCE OF 439.75 FEET TO A W EXISTING IRON REBAR
LOCATED AT THE SOUTHEASTERLY CORNER OF THE CHASE, INC. PROPERTY (BIC. 953, PG.. 243).
THENCE, WITH THE CHASE, INC. PROPERTY N-05' 07'38" E FOR A DISTANCE OF 627.44 FEET TO AN
EXISTING AXLE A CORNER OF THE BENT CREEK HOMEOWNERS ASSOCIATION PROPERTY (BK. 1413,
PG. 594).
THENCE WITH THE BENT CREEK HOMBOWNERS ASSOCIATION PROPERTY S 61' 22' 35" E FOR A
DISTANCE OF 157.80 FEET TO A 5/8" EXISTING IRON REBAR; THENCE, N 23' 13'31" B PASSING AN 3/T
EXISTING IRON PIPE AT 44055 FEET FOR A TOTAL DISTANCE OF 455.04 FEET TO A POINT IN THE
CENTERLINE OF THE NORTH FORK OF CROOKED CREEK A CORNER OF THE WALTER M. BYRUM
PROPERTY (BK. 935, PG. 755).
THENCE WITH THE MEANDERINGS OF THE NORTH FORK OF CROOKED CREEK AND WITH THE
AFORESAID BYRUM PROPERTY THE FOLLOWING FOURTEiIN (14) CALLS: (1) S 50' 44'31H E FOR A
DISTANCE OF 136.89 FEET TO A POW; (2) S 08° IV 29"W FOR A DISTANCE OF 28.48 FEET TO A POINT;
(3) S 63' 33' 39" E FOR A DISTANCE OF 121.47 FEET TO A POINT, (4) N 46' 09'11" E FOR A DISTANCE OF
56.65 FEELTO A POINT; (5) N 62' 57'12" E FOR A DISTANCE OF 51.06 FEET TO A POINT; (6) S 51' 22'14"E
FOR A DISTANCE OF 56.60 FEET TO A POINT; (7) N 61' 11' 04" E FOR A DISTANCE OF 56.53 FEET TO A
POINT; (8) S 75' 25123" E FOR A DISTANCE OF 166.64 FEET TO A POINT; (9) S 040 54' 06" E FOR A
DISTANCE OF 9422 FEET TO A POINT, (10) S 76' 05' 22" E FOR A DISTANCE OF 61.80 FEET TO A POINT;
(11) S 39' 40' 42" E FOR A DISTANCE OF 511.90 FEET TO A POINT; (12) S 30' 51' 13" W FOR A DISTANCE
OF 133.10 FEET TO A POINT (13) N 77" 49' 21" E FOR A DISTANCE OF 43.76 FEET TO A POINT, (14) S 48-
51'00"
8'51'00" B FOR A DISTANCE OF 58.38 FEET TO A POINT. THENCE, LEAVING THE NORTH FORK OF
CROOKED CREEK AND CONTINUING .WITH THE BYRUM PROPERTY N 49' 34'46a B FOR A DISTANCE
OF 20.14 FEET TO A W' EXISTING IRON REBAR ON THE BANK OF THE CREEK; THENCE, N 49' 34'46" E
FOR A DISTANCE OF 808.33 FEET TO A 5/8" EXISTING IRON REBAR A CORNER OF THE WILLIAM E.
FISHER PROPERTY (BK. 603, PG. 279).
THENCE WITH THE WILLIAM E. FISHER PROPERTY N 85' 50'21" E FOR A DISTANCE OF 510.77 FEET TO
A VP NEW IRON REBAR A CORNER OF THE FRIENDS OF TROOP -AND PACK 276, INC PROPERTY (BK. -
3651, PG. 458).
THENCE WITH THE FRIENDS OF TROOP AND PACK 276, INC. PROPERTY S 48' Oil 11" E FOR A
DISTANCE OF 845.00 FEET TO A W EXISTING IRON REBAR ON THE LINE OF THE MAXINE
CUNNINGHAM TOMBERLIN PROPERTY (BK. 357, PG. 172).
THENCE WITH THE MAXINE TOMBERLIN PROPERTY S 19 5813311 W FOR A DISTANCE OF 928.57 FEET
o � 0
TO A 'h" EXISTING IRON REBAR IN THE CENTER OF A TRANSMISSION LINE RIGHT OF • WAY AND
BEING A CORNER OF THE ANNANDALE OWNERS ASSOCIATION, INC. PROPERTY (BK. 5016, PG. 442) .
THENCE WTI'H THE ANNANDALE OWNERS ASSOCIATION, INC. PROPERTY THE FOLLOWING -SIX (6)
CALLS: (1) S 22' 12' 47" W FOR A DISTANCE OF 805.16 FEET TO A TO A 1W NEW IRON REBAR; (2) S 74'
39'40" E FOR A DISTANCE OF•310.21 FEET TO A 15" GUM TREE; (3) S 00° 06'27' E FOR A DISTANCE OF
• 80.68 FEET TO AN 18" GUM TREE; (4) S 54' 16' 09" E FOR A DISTANCE OF 410.06 FEET TO A 12"
MULBERRY TREE; (5) S 21' 54'19' W FOR A DISTANCE OF 505.47 FEET TO AN EXISTING- STONE BY A
48" OAK TREE; (6) S 22' 12'30' W FOR A DISTANCE OF 222.63 FEET TO A 1" EXISTING IRON PIPE IN A
CREEK A CORNER OF THE BONTERRA VILLAGE HOMEOWNERS ASSOCIATION, INC. PROPERTY (BK.
5266, PG. 834).
THENCE WITH THE BONT19RRA VILLAGE HOMEOWNERS ASSOCIATION, INC. PROPERTY AND THE
BONTERRA VILLAGE, LLC PROPERTY (TAX PIN 07-021-554) THE FOLLOWING TWENTY THREE (23)
CALLS:
(1) S 28' 01' 21" W FOR A DISTANCE OF 286.02 FEET TO A NEW 'h" IRON REBAR; (2) N 42' 4247" W FOR
A DISTANCE OF 115.80 FEST TO A 1/2" NEW IRON REBAR; (3) WITH THE ARC OF A CIRCULAR CURVE
TO THE LEFT HAVING A RADIUS OF 124.00 FEET, AN ARC LENGTH OF 64.89 FEET AND WHOSE LONG
CHORD BEARS N 570 43'17" W FOR A DISTANCE OF 64.15 FEEL' TO A 1/2" NEW IRON REBAR; (4) N 72'
42' 47" W FOR A DISTANCE OF 34.25 FEET TO A IM' NEW IRON REBAR; (5) WITH THE ARC. OF A
CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 90.00 FEET, AN ARC LENGTH OF 1359 FEET
AND WHOSE LONG CHORD BEARS N 06' 35'51"E FOR A DISTANCE OF 13.58 FEET TO A 1./2" NEW MON
REBAR ; (6) N 87' 43147" W FOR A DISTANCE OF 60.00 FEET TO 112" NEW IRON REBAR; (7) WITH THE
ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 30.05 FEET, AN ARC LENGTH OF
2356 FEET AND WHOSE LONG CHORD BEARS S 24' 46'13" W FOR A DISTANCE OF 22.96 FEST TO A 1/2"
NEW IRON REBAR; (8) S 47' 13'59" W FOR A DISTANCE OF 74.83 FEET TO A 1/2" NEW IRON REBAR; (9)
N 87' 43'38" W FOR A DISTANCE OF 782.83 FEET TO A 1/2" NEW IRON REBAR; (10) S 02' 16'13" W FOR
A DISTANCE OF 179.00 FEET TO A SET P.K. NAIL; (11) N 87' 43'47n W FOR A DISTANCE OF 20.00 l"T
TO A 1/2" NEW IRON REBAR; (12) S 02' 16113"W FOR A DISTANCE OF 15857 FEETTO A 1/2" NEW IRON
REBAR; (13) S 47' 16'13' W FOR A DISTANCE OF 21857 FEET TO A SET P.K. NAIL; (14) S 47' 01' 48" W
FOR A DISTANCE OF 37.84 FEET TO A W' NEW IRON REBAR; (15) S 42' 43' 32" E FOR A DISTANCE OF
30.00 FEET TO A SET P.K. NAIL'IN THE CENTER OF TRUSTY STEED LANE, (16) THENCE, WITH THE
CENTERLINE OF TRUSTY STEED LANE S 47' 16'28" W FOR A DISTANCE OF 745.00 FEET TO A SET P.K.
NAIL IN THE CENTER OF PAMM HORSE DRIVE; (17) S 42' 43' 32" E FOR A DISTANCE OF 134.00 FEET
TO A SET P.K. NAIL AT OR NEAR THE INTERSECTION OF PAINTED HORSE DRIVE AND BACKSTRETCH
BOULEVARD; (18) S 47' 16128" W FOR A DISTANCE OF 174.00 FEET TO A SET P.K. NAIL IN THE CENTER
OF BACKSTRETCH BOULEVARD; (19) N 42' 38' 42" W FOR A DISTANCE OF 395.19 FEET TO A 1/2"
EXISTING IRON REBAR; (20) S 47' 28' 51" W FOR A DISTANCE OF 44.81 FEET TO A 1/2" EXISTING IRON
REBAR; (21) N 81' 58122"W FOR A DISTANCE OF 114:73 FEET TO A IM EXISTING IRON REBAR; (22) N
49' 32' 23" W FOR A DISTANCE OF 120.39 FEET TO A til" Ei ISTING IRON REBAR BY A 40" OAK; (23) S
77' 47' 52" W FOR A DISTANCE OF 232.79 FEET TO A 1/2" EXUMG IRON REBAR BEING THE
SOUTHEASTERN CORNER OF THE WILLIAMS COMPANY PROPERTY (BIG 4065, PG. 393).
THENCE WITH THE AFORESAID THE VM DAMS COMPANY PROPERTY AND WITH LOTS 2-13 OF
HEMBY WOODS (PLAT CABINET 7, FILE 81) THE FOLLOWING FIFTEEN (15) CALLS:
(1) N 15' 47'46- E FOR A DISTANCE OF 1034.74 FEET TO A 2" E USTING IRON PIPE; (2) N 15' 53' 17' E
FOR A DISTANCE OF 228.21 FEET TO A 2" EXISTING IRON PIPE, (3) N 15' 41'20- E FOR A DISTANCE OF
116.45 FEET TO A 1/2" EXISTING IRON REBAR; (4) N 32' 3523" W FOR A DISTANCE OF 100.97 FEET TO A
1/2" EXISTDIG IRON REBAR; (5) N 33' 25'.43" W FOR A DISTANCE OF 32435 FEET TO A 5/8" EXISTING
IRON REBAR; (6) N 33' 34'2-P W FOR A DISTANCE OF 153.83 FEET TO A 1" EXISTING IRON PIPE; (7) N
82' 38'41" W FOR A DISTANCE OF 126.04 FEET TO A IM EXISTING IRON REBAR; (8) N 19' 58118" W
FOR A DISTANCE OF 299.91 FEET TO A 3/4" EXISTING IRON PEPE; (9) N 19' 58'42" W FOR A DISTANCE
OF 206.03 FEET TO A 3/4" EXISTING IRON PIPE; (10) N 73' 09' 34" W CROSSING A 2" EXISTING IRON
PIPE AT A DISTANCE OF 157.94 FEET FOR A TOTAL DISTANCE OF 188.66 FEET TO A 1/4" EXISTING
IRON REBAR; (11) S 77' 00103" W FOR A DISTANCE OF 17.91 FEET TO A 1/4" EXISTING IRON REBAR;
(12) S 77' 00103" W FOR A DISTANCE OF 136.73 FEET TO A 2" EXISTING IRON PIPE, (13) S 770 09'03" W
_ FOR A DISTANCE OF 153.61 FEET TO A NAIL SET IN THE CONCRETE FOOTING OF AN IMSMG FENCE
POST; (14) N 21* 20155" W CROSSING A T'EXISTING IRON PIPE AT A 619TANCE.OF 180.7.9 PMT m A
TOTAL DISTANCE OF 323.60 FEET TO A 2" EXISTING IRON PIPE; (15) S 76' 11' 11" W FOR A DISTANCE
OF 149.88 FEET TO A 1/2" EXISTING IRON REBAR LOCATED AT THE SOUTHEASTERLY CORNER OF
THE ROBIN S. BARTLEIT PROPERTY (BK. 4752, PG. 91).
THENCE, WITH THE AFORESAID BARTLETT PROPERTY THE FOLLOWING TWO (2) CALLS: (1) N 66' 52'
23" W FOR A DISTANCE OF 111.71 FEET TO A 1" EXISTING IRON PIPE, (2) N 66' 56' 19" W CROSSING
FAITH CHURCH ROAD FOR A DISTANCE OF 350.24 FEET TO A 1" EXISTING IRON PIPE ON THE
SOLTTHHASTERLY LINE OF THE RALPH T. BARTLETT PROPERTY.
THENCE, N 11' 24'57" E A DISTANCE OF 271.58 FEET TO THE POINT AND PLACE OF BEGINNING.
CONTAINING 253.544 ACRES MORE OR LESS.
LESS and excepting the following Three Parcels:
Parcel 1:
To find the Point of Beginning, commence at a V2" new irod rebar being the southwesterly corner
of the Annandale Owners Association, Inc. property (Bk. 5016, Pg, 442) thence, S 63-46-34
W 45.22 feet to a computed point being the true point and place of Beginning.
Thence from said point of beginning and running entirely within the boundaries of the Faith
Church Road, LLC property (Bk. 5030, Pg. 860) the following fourteen (14) calls:
(1) Thence, S 74° 47' 50" E for a Distance of 320.94 feet to a point on a line; (2) thence, S 01 °
12' 17" W for a distance of 74.08 feet to a point on a line; (3) thence, S 54° 24' 01" E for a
distance of 130.26 feet to a point on a line; (4) thence, S 35° 35,5911 W for a distance of 41.46 r
feet to a point on a line; (5) thence, S 02° 17'43" W for a distance of 233.75 feet to the beginning
of a non-tangential curve, said curve turning to the left through an angle of 34° 44' 42", having a
radius of 180.00 feet, and whose long chord bears N 70° 10' 08" W for a distance of 107.49 feet;
(6) thence, N 87° 32'27" W for a distance of 733.00 feet to the beginning of a curve; (7) said
curve turning to the right through an angle of 90° 00" 54", having a radius of 25.00 feet, and
whose long chord bears N 42° 32'27" W for a distance of 35.36 feet; (8) thence, N 02° 27'33" E
for a distance of 22.13 feet to the beginning of a curve; (9) said curve turning to the left through
an angle of 451 42'57", having a radius of 325.00 feet, and whose long chord bears N 20° 23'
55" W for a distance of 252.49 feet; (10) thence, N 43° 15'23 W for a distance of 391.58 feet to
a point on a line; (1 1} thence, N 46° 34'47" E for a distance of 866.73 feet to a point on a.line;
(12) thence, S 670 47' 13" E a distance of 464.46 feet; (13) thence, S 22° 12'47" W for a distance
of 601.38 feet to the point and place of beginning and containing 20.00 acres more or less.
All as shown on an ALTA/ACSM survey prepared by Eagle Engineering, Inc. (Russell L.
Whitehurst, PLS) and dated March 5, 2012 and revised on March 28, 2012.
Parcel 2:
BEGINNING AT A W EXIMNG IRON REBAR WHOSE NORTHING IS 493326.429 AND WHOSE
FASTING IS 1520260.102 AND BEING A CORNER OF THE ANNANDALE OWNERS ASSOCIATION, INC.
PROPERTY (BK. 5016, PG. 442).
THENCE WITH THE ANNANDALE OWNERS ASSOCIATION, INC. PROPERTY THE FOLLOWING FIVE (5)
CALLS: (1) S 740 39' 40' E FOR A DISTANCE OF 310.21• FEET TO A 15" GUM TREE; (2) S Or 06' 27" E
FOR A DISTANCE OF 80.68 FEET TO AN 18" GUM TREE; (3) S 540 16'090 E FOR A DISTANCE OF 410.06
FEET TO A 12' MULBERRY TREE; (4) S 21° 54' 19' W FOR A DISTANCE OF 505.47 FEET TO AN
EXISTING STONE BY A 48° OAK TREE; (5) S 22° 12' 30" W FOR A DISTANCE OF 222.63 FEET TO A 1'
EXISTING IRON PIPE IN A CREEK A CORNER OF THE BONTERRA VILLAGE HOMEOWNERS
ASSOCIATION, INC. PROPERTY (BK. 5266, PG. 834). THENCE WITH THE BONTERRA VILLAGE .
HOMEOWNERS ASSOCIATION, INC. PROPERTY AND THE BONTERRA VILLAGE, LLC PROPERTY (TAX PIN
07-021-554) THE FOLLOWING THIRTEEN (13) CALLS; (1) S 280 Or 21' W FOR A DISTANCE OF 286.02
FEET TO A NEW W- IRON REBAR; (2) N 420 4Z 47' W FOR A DISTANCE OF 115.80 FEET TO A 1/2'
NEW IRON REBAR; (3) WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF
124.00 FEET, AN ARC LENGTH OF 64.89 FEET AND WHOSE LONG CHORD BEARS N Sr 43' 17' W FOR A
DISTANCE OF 64.15 FEET TO A 1/2" NEW IRON REBAR; (4) N 720 42470 W FOR A DISTANCE OF 34.25
FEET TO A 1/2" NEW IRON REBAR; (5) WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A
RADIUS OF 90.00 FEET, AN ARC LENGTH OF 1359 FEET AND WHOSE LONG CHORD BEARS N 060 35'
51" E FOR A DISTANCE OF 13.58 FEET TO A 1/2" NEW IRON REBAR; (6) N 870 43' 47" W FOR A
DISTANCE OF 60.00 FEET TO.1/2" NEW IRON REBAR; (7) WITH THE ARC OF A CIRCULAR CURVE TO
THE RIGHT HAVING A RADIUS OF 30.05 FEET, AN ARC LENGTH OF 2356 FEET AND WHOSE LONG
CHORD BEARS S 240 46' 13" W FOR A DISTANCE OF 22.96 FEET TO A 1/2" NEW IRON REBAR; (8) S 47°
13' 59" W FOR A DISTANCE OF 74.83 FEET TO A 1/2° NEW IRON REBAR; (9) N 87° 43' 38" W FOR A
DISTANCE OF 782.83 FEET TO A 1/2" NEW IRON REBAR; (10) S 020 16' 13" W FOR A DISTANCE OF
179.00 FEET TO A SET•PK. NAIL; (11) N 87° 43' 47" W FOR A DISTANCE OF 20.00 FEETTO A 1/2" NEW
IRON REBAR; (12) S 02-16' 13" W FOR A DISTANCE OF 158.57 FEET TO A 1/2" NEW IRON REBAR; (13)
S 470 16' 13" W FOR A DISTANCE OF 188.57 FEET TO A POINT; THENCE WITH A NEW BOUNDARY LINE
FOR BONTERRA, PHASE 4 THE FOLLOWING SIXEEN T(16) CALLS: (1) BEARING N 42-43-16 W A
DISTANCE OF 62456 FEET TO A POINT; (2) WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF
25.00 A DELTA ANGLE OF 89° 59 45", AND WHOSE LONG CHORD BEARS N 2-16-36 E A DISTANCE OF
35.35 FEET TO A POINT; (3) BEARING N 42-43-13 W A DISTANCE OF 50.05 FEET TO A POINT, (4)
BEARING S 47-9-30 W A DISTANCE OF 24.25 FEET TO A. POINT; (5) BEARING N 42-43.32 W A
DISTANCE OF 152.40 FEET TO A POINT; (6) BEARING N 47-16-28 E A DISTANCE OF 251.39 FEET TO A
POINT; (7) BEARING N 42-43-16 W A DISTANCE OF 530.11 FEET TO A POINT; (8) BEARING N 46-33-43
E A DISTANCE OF 476.28 FEET TO A POINT, (9) BEARING S 36-59-06 E A DISTANCE OF 352.60 FEET
TO A POINT, (10) WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 330.00
FEET, AN ARC LENGTH OF 55.06 FEET AND WHOSE LANG CHORD BEARS S 41-45-52 E FOR A
DISTANCE OF 54.99 FEET TO A POINT; (11) BEARING N 43-27-21 E A DISTANCE OF 60.00 FEET TO A
POINT; (12) WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET,
AN ARC LENGTH OF 45.05 FEET AND WHOSE LONG CHORD BEARS N_41-45-52 W FOR A DISTANCE OF
44.99 FEET TO A POINT; (13) IV 36-59-05 W A DISTANCE OF 401.48 FEET TO A POINT; (14) BEARING N
53-0-54 E A DISTANCE OF 1004.02 :FEET TO A POINT; (M BEARING N 41-58-:9 E A DISTANCE OF
350.11 FEET TO A POINT; (16) BEARING N 41-58-49 E A DISTANCE OF 1297.84 FEET TO A POINT ON
THE LINE OF THE FRIENDS OF TROOP AND PACK 276, INC PROPERTY (BK. 3651, PG. 458). THENCE
WITH THE FRIENDS OF TROOP AND PACK 276, INC. PROPERTY S 480 01' IV E FOR A DISTANCE OF
165.25 FEET TO A 1/2° EXISTING IRON REBAR ON THE LINE OF THE MARINE CUNNINGHAM
TOMBERLIN PROPERTY (BIC. 357, PG. 172). THENCE WITH THE MARINE TOMBERLIN PROPERTY S 19-
58' 33" W FOR A DISTANCE OF 928.57 FEET TO AN EXISTING IRON REBAR IN THE CENTER OF A
TRANSMISSION LINE RIGHT OF WAY AND BEING A CORNER OF THE ANNANDALE OWNERS
ASSOCIATION, INC PROPERTY (BK. 5016, PG. 442). THENCE WITH THE ANNANDALE OWNERS
ASSOCIATION, INC PROPERTY S 220 12' 47" W FOR A DISTANCE OF 805.16 FEET TO THE POINT AND
PLACE OF BEGINNING. ,
LESS AND EXCEPT FROM THE ABOVE DESCRIBED PROPERTY THE BONTERRA VILLAGE
HOMEOWNERS ASSOCIATION, INC PROPERTY (BK. 5359, PG. 574). BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
TO FIND THE POINT OF BEGINNING, COMMENCE AT A 1/2" NEW IRON REBAR BEING THE
SOUTHWESTERLY CORNER OFTHE ANNANDALE OWNERS ASSOCIATION, INC. PROPERTY (BK. 5016,
PG. 442) THENCE, S 63-46-34 W 45.22 FEET TO A COMPUTED POINT BEING THE TRUE POINT AND
PLACE OF BEGINNING.
THENCE FROM SAID POINT OF BEGINNING AND RUNNING ENTIRELY WITHIN THE BOUNDARIES OF
THE FAITH CHURCH ROAD, LLC PROPERTY (BK. 5030, PG. 860) THE FOLLOWING FOURTEEN (14)
CALLS:
(n THENCE; S 74- 47' 50" E FOR A DISTANCE OF 320.94 FEET TO A POINT ON A LINE; (2) THENCE,
S 010 IT 17" W FOR A DISTANCE OF 74.08 FEEL' TO A POINT ON A LINE; (3) THENCE, S 540 24' 01" E
FOR A DISTANCE OF 130,26 FEET TO A POINT ON. A LINE; (4) THENCE, S 35- 35' RP W FOR A
DISTANCE OF 41.46 FEET TO A POINT ON A LINE; (5) THENCE, S 020 17' 43" W FOR A DISTANCE OF
233.75 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE, SAID CURVE TURNING TO THE LEFT
THROUGH AN ANGLE OF 340 44' 42 , HAVING A RADIUS OF 180.00 FEET, AND WHOSE LONG CHORD
BEARS N 700 10' Or W FOR A DISTANCE OF 107.49 FEET; (6) THENCE, •N 870 32' 27" W FOR A
DISTANCE OF 733.00 FEET TO THE BEGINNING OF A CURVE; (7) SAID CURVE TURNING TO THE RIGHT
THROUGH AN ANGLE OF 900 00' 54", HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD
BEARS N 420 32' 270 W FOR A DISTANCE OF 35.36 FEET; (8) THENCE, N 02° 2733' E FOR A DISTANCE
OF 22.13 FEET TO THE BEGINNING OF A CURVE, (9) SAID CURVE TURNING TO THE LEFT THROUGH AN
ANGLE of 450 42' 57", HAVING A RADIUS OF 325.00 FEET, AND WHOSE LONG CHORD BEARS N 20° 23'
55° W FOR A DISTANCE OF 252.49 FEET; (10) THENCE, N 43° 15' 23° W FOR A DISTANCE OF 391.58
FEET TO A POINT ON A LINE; (11) THENCE, N 46° 34' 47" E FOR A DISTANCE OF 866.73 FEET TO A
POINT ON A LINE; (12) THENCE S 67° 47' 33° E A DISTANCE OF 464.46 FEET; (13) THENCE, S 220 12'
47" W FOR A DISTANCE OF 601.38 FEET TO THE POINT AND PLACE OF BEGINNING AND CONTAINING
20.00 ACRES MORE OR LESS.
THE TOTAL PARCEL AS DESCRIBED FOR BONTERRA, PHASE 4 CONTAINS 64.538 ACRES MORE OR
LESS.
Parcel 3:
BEING all of Lots 701 and 702 of Bonterra, Phase 3A, Map 1, as same is shown on plat thereof
recorded in Plat Cabinet M, File 412 in the Office of the Register of Deeds for Union County,
North Carolina.
BEING all of Lots 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 727, 728, 729, 730, 731,
732, 733, 734, 735, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 766, 767, 768,
769, 770, 771, 772, 773, 774, 775, and 776 of Bonterra, Phase 3, Map 2, as same is shown on
plat thereof recorded in Plat Cabinet M, Files 468 and 469 in the Office of the Register of -Deeds
for Union County, North Carolina.
BEING all of Lots 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 736,
737, 738, 739, 7402 741, 742, 743, 744, 758, 759, 760, 761, 762, 763, 764 and 765 of Bonterra,
Phase 3, Map 4, as same is shown on plat thereof recorded in Plat Cabinet M, Files 762 through
764, inclusive, in the Office of the Register of Deeds for Union County, North Carolina.
EXHIBIT B
Permitted Exceptions
1. All declarations, easements, rights-of-way, restrictions, covenants and other matters of public
record;
2. All gas, water, and mineral rights of others;
3. Any matters that would be disclosed by an accurate, current survey and inspection of the
Property,
4. The lien of ad valorem real estate taxes for 2018 and subsequent years not yet due and payable;
and
5. Any matters resulting from the acts or omissions of Grantee or its agents, employees, or
contractors.
Excise Tax: $0.00*
FILED
UNION COUNTY, NC
CRYSTAL D. GILLIARD
REGISTER OF DEEDS
FILED Nov 28, 2017
AT
11:42 am
BOOK
07060
START PAGE
0312
END PAGE
0316
INSTRUMENT
# 34749
EXCISE TAX
(None)
SH
Parcel IDs: 07021001, 07039034A, 07039034B, 07042045, 07042045A, 07042045B, 07039036, 07039036A
Prepared by: Camden Betz, Esq., Brooks Pierce (without title examination)
Return to: Grantee
Brief Description for the Index Bonterra Village Tracts, Phases 5-8
NORTH CAROLINA NON -WARRANTY DEED
THIS DEED is made as of thisday of November, 2017, by and between
GRANTOR
WB VILLAGE, LP, a North Carolina limited
partnership
with a mailing address of-
Attn: P. Anthony Sparrow
1650 Tysons Boulevard, Suite 1500
Tysons, Virginia 22102
,l77�►f1
MATTAMY CAROLINA CORPORATION
d/b/a MATTAMY HOMES, a North Carolina
corporation
with a mailing address of-
Attn:
fAttn: Bob Wiggins
2127 Ayrsley Town Blvd., Suite 201
Charlotte, NC 28273
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership.
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.
*Under N.C.G.S. § 105-228.29, no excise tax is due in association with a transfer where no consideration
in property or money is due or paid by the grantee to the grantor.
WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is
hereby acknowledged, has and by these presents does give, grant, bargain, sell and convey unto Grantee
in fee simple, all that certain lot or parcel of land (the "Property") situated in Union County, North
Carolina, and more particularly described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
All or a portion of the Property herein conveyed does not include the primary residence of Grantor.
The Property was acquired by Grantor by instrument(s) recorded in Book 6091, Page 630 and Book 6567,
Page 35 in the Union County, North Carolina, Public Registry (the "Registry").
TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to
Grantee in fee simple.
Grantor makes no warranty, express or implied, as to title to the Property. This Deed is made
without any representations or warranties of any kind, express or implied, including without limitation,
any representations or warranties of habitability or merchantability.
[Signature Page Follows]
2
IN WITNESS WHEREOF, Grantor has hereunto set its hand the day and year first above
written.
GRANTOR:
WB VILLAGE, LP, a North Carolina limited
partnership
By: Walton Operating Holdco, LLC, a Delaware limited
liability company, its General Partner
By: WDH Management, Inc., a Delaware corporation, its
Manager
By:
Name: Ryan J. Kretschmer
Title: Vtc Pulpa -r
STATE OF _Qc tZZQotk
COUNTY OF MAR. mPa
I certify that the following person personally appeared before me this day and acknowledged to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: RV#A I SqG 46p-
[InseA name of signatory in space above]
This the 21`1- day of �/9"a, , 2017
My Commission Expires:
Z—(v- Zo2o
[Affix Notary Stamp or Seal]
Notary P lic
Print Name: PZo4 ML--
t40-fARY pU9l_10
SATE OF A'SIZONA
Mar10opa County
HEO- os ti4EZk
Ex ires July 6.202n
uy Commission p
3
EXHIBIT A
Lying and being in Union County, North Carolina and being more particularly described as
follows:
COMMENCING FROM NCGS MONUMENT "UNION HM73" HAVING NORTH
CAROLINA STATE PLANE (NAD 83/2011) GRID COORDINATES NORTHING:
483,581.73, EASTING: 1,512,998.56 AND A COMBINED SCALE FACTOR OF 0.99985251,
PROCEED N 18-41-47 E 10,881.03'(GROUND DISTANCE), 10,879.43' (GRID DISTANCE)
TO THE POINT AND PLACE OF BEGINNING A FOUND PINCH PIPE A COMMON
CORNER WITH RALPH T. AND JENNIFER L. BARTLETT AS RECORDED IN BOOK 590
PAGE 490, THENCE N 11-25-05 E 271.58' TO A FOUND PINCH PIPE A COMMON
CORNER WITH MATTAMY CAROLINA CORPORATION AS RECORDED IN BOOK 6990
PAGE 863, THENCE N 54-11-06 W 865.46' TO A POINT IN THE MARGIN OF FAITH
CHURCH ROAD HAVING A 60' PUBLIC RIGHT OF WAY AS RECORDED IN BOOK 186
PAGE 155 AND BOOK 186 PAGE 157, AFOREMENTIONED POINT BEING A COMMON
CORNER WITH BENT CREEK SUBDIVISION MAP AS RECORDED IN PLAT CABINET F
FILE 864 AND 865, THENCE WITH THE COMMON LINE OF BENT CREEK MAP 3 THE
FOLLOWING THREE (3) COURSES AND DISTANCES; (1) N 69-43-48 E, PASSING A
FOUND #4 REBAR AT 45.02'A FOUND #4 REBAR AT 469.53'A FOUND #4 REBAR AT
1,444.941, A TOTAL DISTANCE OF 2,123.92' TO A FOUND AXLE, (2) S 61-22-04 E 157.80'
TO A SET #5 REBAR, (3) N 23-14-02 E , PASSING A FOUND IRON PIN AT 440.481, A
TOTAL DISTANCE OF 455.04' TO A POINT IN NORTH FORK CROOKED CREEK A
COMMON CORNER WITH WALTER M. AND LARRAINE H. BYRUM AS RECORDED IN
BOOK 935 PAGE 755, THENCE WITH THE COMMON LINE OF WALTER M. AND
LARRLAINE H. BYRUM THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCES;
(1)S 50-44-00 E 136.89' TO A POINT, (2) S 08-13-00 W 28.48' TO A POINT,(3) S 63-33-08 E
121.47' TO A POINT, (4) N 46-09-42 E 56.65' TO A POINT, (5) N 62-57-43 E 51.06' TO A
POINT, (6) S 51-21-43 E 56.60;' TO A POINT, (7) N 61-11-35 E 56.53' TO A POINT, (8) S 75-
24-52 E 166.64' TO A POINT, (9) S 04-53-35 E 94.22' TO A POINT, (10) S 76-04-51 E 61.80'
TO A POINT, (11) S 39-40-11 E 511.90' TO A POINT, (12) S 30-51-44 W 133.10' TO A
POINT, (13) N 77-49-52 E 43.76' TO A POINT, (14) S 48-53-14 E 58.50' TO A POINT, (15)
LEAVING THE NORTH FORK CROOKED CREEK N 49-35-20 E, PASSING A FOUND #4
REBAR AT . 20.11', A TOTAL DISTANCE OF 828.47' TO A FOUND #5 REBAR, A
COMMON CORNER WITH WILLIAM E. FISHER AS RECORDED IN BOOK 603 PAGE
279, THENCE WITH THE COMMON LINE OF WILLIAM E. FISHER, N 85-49-45 E 510.74'
TO A FOUND #3 REBAR A COMMON CORNER WITH BONTERRA VILLIAGE, LLC AS
RECORDED IN BOOK 6596 PAGE 150, THENCE WITH THE COMMON LINE OF
BONTERRA VILLIAGE, LLC S 48-01-09 E 679.76' TO A FOUND #3 REBAR A COMMON
CORNER WITH BONTERRA BUILDERS, LLC AS RECORDED IN BOOK 6922 PAGE 140,
THENCE WITH THE COMMON LINE OF BONTERRA BUILDERS THE FOLLOWING
EIGHT (8) COURSES AND DISTANCES; (1) S 41-59-08 W, PASSING A FOUND #3
REBAR AT 1,298.12', A TOTAL DISTANCE OF 1,648.18 TO A FOUND #3 REBAR, (2) S
53-00-57 W 1,004.18' TO A FOUND #3 REBAR, (3) S 36-58-52 E 401.48' TO A SET #5
4
REBAR, (4) WITH A CURVE TO THE LEFT HAVING A RADIUS OF 270.00' AN ARC
LENGTH OF 45.04' AND A CHORD BEARING AND DISTANCE OF S 41-45-39 E 44.99'
TO A FOUND #4 REBAR, (5) S 43-27-34 W 60.00', (6) WITH A CURVE TO THE RIGHT
HAVING A RADIUS OF 330.00 AN ARC LENGTH OF 55.05' AND A CHORD BEARING
AND DISTANCE OF N 41-45-39 W 54.99' TO A SET #5 REBAR, (7) N 36-58-53 W 352.60'
TO A FOUND #3 REBAR, (8) S 46-34-24 W 476.32' TO A FOUND #3 REBAR A COMMON
CORNER WITH WB VILLIAGE, LP AS RECORDED IN PLAT CABINET M FILE 762-764,
THENCE WITH THE COMMON LINE OF WB VILLIAGE, LP S 46-34-24 W 376.50' TO A
FOUND #5 REBAR A COMMON CORNER WITH HEMBY WOODS SUBDIVISION AS
RECORDED IN PLAT CABINET 7 FILE 81, THENCE WITH THE COMMON LINE OF
HEMBY WOODS SUBDIVISION THE FOLLOWING SEVEN (7) COURSES AND
DISTANCES, (1) N 33-28-09 W, PASSING A FOUND #5 REBAR AT 324.54', A TOTAL
DISTANCE OF 478.29' TO A FOUND #5 REBAR, (2) N 82-39-48 W 126.11' TO A SET #5
REBAR, (3) N 19-57-03 W 506.14' TO A FOUND 1" PIPE, (4) N 73-12-28 W 188.31' TO A
SET #5 REBAR, (5) S 77-08-17 W, PASSING A FOUND #3 REBAR AT 8.12', A FOUND #3
REBAR AT 154.85', A TOTAL DISTANCE OF 308.63' TO A SET #5 REBAR, (6) N 21-19-31
W, PASSING A FOUND 2" PIPE AT 179.97', A TOTAL DISTANCE OF 323.20' TO A
FOUND 3" PIPE, (7) S 73-13-51 W 149.88' TO A SET #5 REBAR, A COMMON CORNER
WITH ROBIN S. BARTLETT AS RECORDED N BOOK 4752 PAGE 91, THENCE WITH
THE COMMON CORNER WITH ROBIN S. BARTLETT N 66-55-43 W, PASSING A
FOUND 2" PIPE AT 111.67', A TOTAL DISTANCE OF 461.79' TO THE POINT OF
BEGINNING CONTAINING 171.593 ACRES MORE OR LESS.
F
Prepared by and return to:
St. Amand 8t Efird PLLC (MGS)
Lincoln at Belle Grove
3315 Springbank Lane, Suite 308
Charlotte, NC 28226
STATE OF NORTH CAROLINA
UNION COUNTY
FILED
UNION COUNTY, NC
CRYSTAL D. GILLIARD
REGISTER OF DEEDS
FILED Nov 28, 2017
AT 11:42 am
BOOK 07060
START PAGE 0317
END PAGE 0326
INSTRUMENT # 34750
EXCISE TAX (None)
SH
EASEMENT
AND RIGHT OF WAY
THIS EASEMENT AND RIGHT OF WAY ("Instrument") is made and effective as of the
day of November, 2017 (the "Effective Date") by and between BONTERRA BUILDERS, LLC,
a North Carolina limited liability company ("GRANTOR"), and MATTAMY CAROLINA
CORPORATION, a North Carolina corporation (along with its successors and assigns whether or not
expressly stated below, "GRANTEE"), GRANTEE having a mailing address for purposes hereof at:
c/o Walton Development & Management (USA), Inc., 1650 Tysons Boulevard, Suite 1500, Tysons,
Virginia 22102.
The designation GRANTOR(S) 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
A. GRANTOR is the owner of that certain parcel of land being more particularly described
on Exhibit A ("Parcel I").
B. GRANTEE is the owner of a certain parcel of land being more particularly described
on Exhibit B ("Parcel IP').
C. In conjunction with the construction and use of certain earthen bridge and road right-
of-way improvements and related and ancillary support structures, utility improvements and other
infrastructure improvements, all specifically as shown on plans hereafter to be approved in writing by
GRANTOR (the "Plans") (collectively, the "Contemplated Improvements") and designed to serve a
residential subdivision constructed (or to be constructed) on and adjacent to Parcel II, and for good and
valuable consideration, the sufficiency of which is hereby acknowledged, GRANTOR hereby grants,
quitclaims, bargains and conveys (as the case may be) as follows:
33315519W2
1. Incorporation. The above recitals and Exhibits A. B and C attached hereto are
incorporated herein by this reference as representations of the respective parties.
2. Easement Area Defined. The "Easement Area," as such term is used in this Instrument,
includes all that land depicted and described in Exhibit C as "Proposed Temporary Construction
Easement" and "Proposed GUE."
3. Grant of Easement and Right of Way. GRANTOR, recognizing the benefits to
GRANTOR and to GRANTEE of the Contemplated Improvements, hereby grants, sells, bargains,
dedicates and conveys (as the case may be) to GRANTEE (and its successors, assigns, employees,
agents, consultants and contractors), for their benefit, and for the benefit of Parcel II and the residential
neighborhood to be developed thereon, if any, (together with the homeowner's association
incorporated therefor, if any) and running with the same, a permanent and perpetual easement over the
Easement Area, for the installation and permanent existence and ongoing maintenance by GRANTEE
of certain water, sewer and electrical and other utility infrastructure, lines and facilities to be
constructed within the Easement Area identified as the "Proposed GUE," (the "GUE Lines"), together
with and including such rights necessary or desirable for the continuous maintenance, repair,
replacement, use and operation thereof and thereon of such GUE Lines.
4. Grant of Temporary Construction Easement(s). GRANTOR hereby grants, sells,
bargains and conveys to GRANTEE (and its successors, assigns, employees, agents, consultants and
contractors), for their benefit, and for the benefit of Parcel 1I and the residential neighborhood to be
developed thereon (together with the homeowner's association incorporated therefor, if any) and
running with the same, a temporary nonexclusive easement over the Easement Area and over any area
immediately adjacent thereto and within the area that is ten feet (10') on either side of the Easement
Area as is reasonably necessary or desirable, for access purposes and for purposes of staging equipment
and materials, and otherwise for conducting all construction and related work ancillary thereto, to
grade, excavate, construct and install (and from time to time repair and replace) all Contemplated
Improvements in accordance with the Plans. Such temporary easement shall include, without
limitation, the right to construct such improvements as may be reasonably necessary and desirable, as
approved and consented to prior to construction by the GRANTOR, to connect and tie the
Contemplated Improvements to the public or private streets proximately adjacent thereto, running
across Parcel I, including such streets as are ultimately part of Phase 4 of the Bonterm Village
Subdivision or as are contemplated in any approved construction drawings for the same (including in
those Construction Plans prepared by Eagle Engineering and sealed by the engineer on May 12, 2017,
for Bonterra Village Phase 4) as they may be approved and revised from time to time by applicable
authorities (collectively, the "Tie -In Improvements'l. To the extent that any such streets do not exist
on Parcel I as of the termination of this temporary easement, GRANTEE and GRANTOR agree that
either of them may, upon mutual written agreement hereafter, construct such Tie -In Improvements.
The easements granted in this Section 4 are temporary and shall terminate without need for action of
GRANTEE or GRANTOR, upon the earlier of. (a) final completion and approval of all Contemplated
Improvements including as/if evidenced by acceptance of the same for maintenance by any public
authority and (b) the date that is one (1) year from the Effective Date (the "Temporary Easement
Expiry").
S. Repairs and Compliance. In the event GRANTEE exercises any rights herein, then by
exercise of such rights, GRANTEE agrees that it will restore Parcel I to substantially the same
condition it existed prior to GRANTEE's entry onto Parcel I (except as to the GUE Lines, which shall
not be required to be removed or altered in order to comply with this Section 5, it being understood
and agreed that such improvements shall be permanent and are hereby approved by GRANTOR), and
any entry by GRANTEE onto Parcel I and any work done thereon shall be subject to, and shall be
conducted in accordance with, all applicable laws. In the event that GRANTEE exercises any rights
herein, then by exercise of any such rights, GRANTEE agrees to pay, before delinquency, all costs for
work, services or materials furnished to GRANTEE at or to Parcel 1, the nonpayment of which could
33315519x2
result in any lien against Parcel I, and GRANTEE shall further indemnify, defend, and hold harmless
GRANTOR from and against any loss, costs, claims, damages, or liabilities arising from GRANTEE'S
exercise of its rights hereunder. Furthermore, GRANTEE covenants and agrees that it shall, at its sole
cost and expense, maintain and repair the GUE Lines and any other parts of the Contemplated
Improvements installed on Parcel 1, such that the Easement Area and the Contemplated Improvements
themselves remain in safe, sightly, and usable condition in accordance with all applicable laws. If it is
determined that any of the GRANTEE'S work causes Parcel I to be affected by or contain any releases
of a hazardous substance in excess of any legal limit thereof, Grantee shall remove all such substance
from the Easement Area at GRANTEE'S sole cost and expense. Notwithstanding the foregoing, if any
GUE Lines or other Contemplated Improvements are constructed within the Easement Area and then
dedicated and accepted for public use and maintenance, then upon acceptance for maintenance by any
public authority, GRANTEE shall have no further maintenance and repair obligations pursuant to the
foregoing sentence. If any liens do attach to Parcel I due to GRANTEE'S failure to timely make
payment for work conducted on Parcel 1, GRANTEE shall, at its sole cost and expense, cause such lien
or liens to be discharged or bonded over to the reasonable satisfaction of GRANTOR within thirty (30)
days following GRANTOR'S receipt of notice thereof. Failure of any party not in default to complain
of any default or violation of this Instrument, no matter how long such default or violation shall
continue, shall not be deemed a waiver by such party of its rights under this Instrument. No waiver,
express or implied, by any party not in default or violation of any provision of this Instrument shall be
deemed a waiver of or a consent to a default or violation of the same or any other provision or a
succeeding breach of such provision. Prior to exercising its rights hereunder, GRANTEE will obtain
insurance coverage that is appropriate in amount and scope for the activities to be conducted by
GRANTEE in the Easement Area, and GRANTEE shall name GRANTOR as an additional insured
under such policy or policies of insurance and provide GRANTOR a certificate evidencing the same.
6. Binding Effect; Assignment/Dedication, Scone. The provisions of this Instrument are
binding upon and shall inure to the benefit of GRANTOR, GRANTEE, Parcel I, and Parcel II, and run
in favor of/burdening the same and any owners of the same, as the case may be. Furthermore
GRANTEE may, in its sole and absolute discretion, and without need for consent of GRANTOR or
any other party, dedicate, transfer and/or assign all rights hereunder to any public or private authority
or utility in conjunction with dedication, development, maintenance, and operation of the
Contemplated Improvements, and it is in fact expressly contemplated (and the scope of all easements
rights herein expressly includes) that once constructed, all Contemplated Improvements may be public
in nature and useable by the public.
7. Grantor Representations and Warranties. GRANTOR hereby represents and warrants
to GRANTEE (its successors and/or assigns) that GRANTOR owns record title to Parcel I in fee simple
and that there is no holder of a deed of trust or other monetary lien encumbering Parcel I which would
have any right to invalidate or to extinguish the rights of GRANTEE as provided in this Instrument.
8. Termination of Unnecessary Easement. GRANTOR (as Grantee under that certain
Easement Agreement recorded at Book 6922, Page 153 in the Union County Office of the Register of
Deeds) hereby waives all rights under and terminates said prior easement as no longer necessary.
10. Enforcement. The obligations contained herein shall be enforceable by suit for
specific performance and injunctive relief, in addition to any other remedy provided by law or equity.
In any litigation arising hereunder, the prevailing party shall be entitled to reasonable attorneys' fees,
in addition to all other costs and expenses thereof. In addition, to the extent the GRANTEE fails to
timely comply with its obligations hereunder, and thereafter does not correct such failure within three
(3) days following its receipt of written notice of such failure by GRANTOR), or to the extent the
GRANTEE fails to complete the Contemplated Improvements prior to the Temporary Easement
Expiry, then GRANTOR may undertake and/or complete such GRANTEE obligations, and
GRANTEE shall be obligated to reimburse GRANTOR the costs, fees and expenses associated
with such performance no later than seven (7) days following GRANTOR'S request therefor.
33315519v2
GRANTEE hereby grants GRANTOR such easements over, across, and on Parcel H as may be
reasonably necessary for GRANTOR to exercise the self-help rights set forth herein.
11. Headings: Governing Law; Severability. Headings used herein are for ease of
reference only and shall have no substantive meaning. This Instrument shall be interpreted in
accordance with North Carolina law. If a court of competent jurisdiction should find that any provision
of this Instrument is unenforceable or otherwise in conflict with North Carolina law or the laws of the
United States of America, such provision shall be deemed stricken and the remainder of this Instrument
shall continue in full force and effect as if such provision were never included herein.
[Signatures and Exhibits to Follow]
33315519x2
IN WITNESS WHEREOF, GRANTOR and GRANTEE have caused this Instrument to be signed
in their respective names, all of whom so required have executed this instrument below, on the Effective
Date herein defined.
GRANTOR:
BONTERRA BUILDERS, LLC,
a North Carolina limited liability company
STATE OF NORTH CAROLINA
COUNTY OF J PUS
I certify that the following persons personally appeared before me this day, each acknowledging to
me that he/she voluntarily signed the oregomg document for the purpose stated therein and in the capacity
above indicated:
Date:
" NOTARY WocLl
—
Notary prin or td name
PUBL1G
[OFFICIAL SEAL] '., Gy � My commission expires: �6
%VYW COUN
[Signature Pages Continue]
33315519v2
GRANTEE:
MATTAMY
a North Card
Name: Mike117k�McElroy
Title: Division President - US
STATE OF NORTH CAROLINA
COUNTY OF
TION,
I certify that the following persons personally appeared before me this day, each acknowledging to
me that he/she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
aboveindicated: �(�,�, P� c soca' �-• i k�l� 4- f (c0r-u r
Date: 11)2-3-11-)
[OFFICIAL SEAL]
333I5519v2
OfficciYal Si ature of Notary Public
Notary printed or typed name
My commission expires: V— z 2
��_. SONYA KOMARINSKI
Notary Public, North Carolina
Mecklenburg County
My Commission Expires
14W April 10, zazz
� �� j i
�{ �'.
-x. .-P� ��.. {-
EXHIBIT A to Instrument
Parcel I Legal Description
All of that real property described in that Deed from WB Village, LP, to Bonterra Builders, LLC,
recorded at Book 6922, Page 140, Union County North Carolina Register of Deeds.
33315519x2
EXHIBIT B to Instrument
�
Parcel II Legal Description
,
That real property described in those � W into GRANTEE recorded at Book 76, b� Page 3J- 2 , and at
Book 6990, Page 863, Union County North Carolina Register of Deeds.
33315519x2
EXHIBIT C to Instrument
Easement Area
Attached on Following Page
333I55i9v2
un- trtsu nvuu
PC - PAGE
RB - REBAR
PT - POST
NTS - NOT TO SCALE
TCE - TEMPORARY CONSTRUCTION EASEMENT
SF - SQUARE FEET
AC - ACRES
CUE - GENERAL. URUTY EASEMENT
EM'STM RICHr OF wA), LRS
AROKRTY UNE
—E E — OUERNEAO ELECTRIC
PROPOSW TCC
�a
R2
r
�FTYD E3 REM
1. RMAYCT TRACT AOUCKCI: C8 d922 PO 140
2. PROPOW 12 PAMU LY LCCATM 14 TK At YOKE
:w" OSRRMAED 10 of WKN roc C Ix AAMUML
> n= KW4) AS PO I IAM COMRM #AM
0=004OMW DATED 0C10e01 1e. MO
] TMS PLAT CRS NOT *CMW4? A e0LOVARY SURKY
Z18 --m 03 REBAR
v
4 RCIMT D. OARTLETT, CEITMY THAT TM13 PLAT
WAS PREPARED uH0E8 W SWOM901 AND THAT
THE PLAT WAS PREPARED rat TK PURPOSE OF
EASEMENT AND/OR RIGHT OF MAY AC 9710CN
ONLY. AND IS NOT INTENDED TO K A BOUNDARY
MPROPERTY SHOW
1.-�,aqjWk 1'1 17
24-1216-5203, v. 4
33315519x2
M4 Tads
Curve Table
Curve /
RDdiu® Length Bearing Chord DELTA
C3
330.00 55.05 S 41'45'39' E 54.99 9'33'31"
Ca
270.00 45.04 N 41'45'39" W 44.99 9'33'31"
CS
286.00 44.38 S 41'45'39' E 44.33 9°33'31"
C8
334.00 55.72 N 41'45'39' W 53.66 1 9'33'31"
4 RCIMT D. OARTLETT, CEITMY THAT TM13 PLAT
WAS PREPARED uH0E8 W SWOM901 AND THAT
THE PLAT WAS PREPARED rat TK PURPOSE OF
EASEMENT AND/OR RIGHT OF MAY AC 9710CN
ONLY. AND IS NOT INTENDED TO K A BOUNDARY
MPROPERTY SHOW
1.-�,aqjWk 1'1 17
24-1216-5203, v. 4
33315519x2
M4 Tads
:Han
LAngtN
I'Or E
20.00
I'07" E
20.00
1'24" E
20.13
1'57' E
20.00
F'34' E
6000
I'Sr E
401.48
I'35" M
4.00
I'08" E
4.00
rs5- M
4.00
BONTERRA OWLI) A9. LLC
00 e922 PC 140
OAR SCALE 1".100'
0 50 100 200
THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS
NOT BEEN REVIEWED BY A LOCAL GOVERNMENTAL
AGENCY FOR COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS AND HAS NOT
BEEN REVIEWED FOR COMPLIANCE WITH RECORDING
REQUIREMENTS FOR PLATS (G.S. 4730(n))
McPhail & McPhail, P.A.
Attorneys at Law
831 E. Morehead Street, Suite 365
Charlotte, North Carolina 28202
E. Fred McPhail, Jr.
Board Certified Specialist
Real Property Law—
Business, Commercial and Industrial Transactions
704-574-7507
fred@.mcphail-law.com
August 10, 2017
Ms. Christy Latham
Chicago Title Insurance Company
200 S. Tryon Street, Suite 800
Charlotte, NC 28202
David W. McPhail
704-699-5008
david@mcphail-law.com
Re:
Owner: Mattamy Carolina Corporation, d/b/a Mattamy Homes, a North Carolina
corporation.
Lender: N/A.
Commitment No. 17-1541 OCH (the "Commitment')
Dear Christy:
This letter will serve as our Final Certificate in connection with the above. I
certify as follows:
All Requirements of the Commitment have been satisfied. However, I can make
no representation regarding the disbursement of funds, and you should rely on the closing
agent in regard to Requirements related to the same.
Status of record title has not changed since the effective date of the Commitment,
except with regard to satisfaction of the Requirements, and recordation of the attached
documents.
The effective date of this Final Certificate is the date and time of filing of the last
to be recorded of the enclosed documents.
Enclosed are copies of recorded documents, showing recording data.
Thank you for your usual proml
cc: Mr. J. Scott Efird (w/enclosures)
Union County, NC
Crystal D. Crump
Register of Deeds
Instrument Type: DEED Receipt # : 2017-436275
Instrument # : 22989 Date: 08/09/201710:41 am
Book/Page : 06990 / 0863-00867 Pages: 5 Document: 1 of 1
1st Grantor: SUSAN A. JONES
1st Grantee: MATTAMY CAROLINA CORPORATION
Description:
Description Q Unit Cost _ Extended
Deed and General Inst - first 15 1 26.00 26.00
pages
Excise Tax _ 1 30.00 30.00
Document 1 56.00
Grand Total 56.00
Check 10318 -56.00
Balance 0.00
Customer Copy
FILED
UNION COUNTY, NC
CRYSTAL CRUMP
REGISTER OF DEEDS
FILED Aug 09, 2017
AT 10:41 am
BOOK 06990
START PAGE 0863
END PAGE 0867
INSTRUMENT # 22989
EXCISE TAX $30.00
AH
GENERAL WARRANTY DEED
Excise Tax: $30.00
Tax Parcel ID Nos. See Exhibit A Verified by Union County August .4 , 2017
By:
Mail/Box to: Grantee
This instrument was prepared by: St. Amand & Efird. PLLC, 3115 Sorinobank Lane, Suite 308, Charlotte, NC 28226
Without the benefit of a title search
Brief description for the Index Approximately 0.22 acres located on Faith Church Road, Indian Trail, Union County,
North Carolina Parcel # 07042053
THIS DEED, made this the _!8K , day of August 2017, by and between
GRANTOR: SUSAN A. JONES AND GARY JONES, husband and wife, whose mailing address is 611 E. Sandy
Ridge Road, Monroe, NC 28112 ("Grantor"), and
GRANTEE: MATTAMY CAROLINA CORPORATION, d/b/a Mattamy Homes a North Carolina corporation, whose
mailing address is 2127 Ayrsley Town Blvd., Suite 201, Charlotte, NC 28273 (°Grantor"), and
WITNESSETH:
For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor
hereby gives, grants, bargains, sells and conveys unto Grantee in fee simple, subject to the Exceptions hereinafter provided,
if any, the following described property located in the County of Union, State of North Carolina, more particularly described
as follows:
Conveyance Property is described on Exhibit A (which is hereby incorporated herein)
Said property having been previously conveyed to Grantor by deed, or by devise contained in Estate File 00-E-149, or
otherwise, as the case may be.
TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, in fee simple,
subject only to the Exceptions and Reservations hereinafter and hereinabove provided, if any.
And Grantor hereby warrants that Grantor is seized of the premises in fee and has the right to convey same in fee simple,
that title is marketable and is free and clear of encumbrances other than as set forth herein, and that Grantor will forever
warrant and defend the title against the lawful claims of all persons or entities whomsoever.
This conveyance is made subject to the following Exceptions and Reservations:
This conveyance is made subject to the following Exceptions°:
4818-1985-5929.01
Exceptions are set forth on Exhibit B (which is hereby Incorporated herein)
All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and
assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context.
[Signature pages and Exhibits to follow]
4818-1985-5929.01
fN
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
Be— (SEAL)
kj S Jones Print/Type Name:
By: (SEAL)
Jones Print/Type Name:
By: (SEAL)
Print/Type Name & Title- Print/Type Name:
By: (SEAL)
Print/Type Name & Title: Print/Type Name:
ti A
State of _
County of
certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she signed the foregoing document:
Susan A. Jones
[insert name(s) of principal(s)].
Date: `(i L1 E `1
(P I Irn WA/`'.I tr A( WV Notary Public
Notary's Pri ted or Typed Name
My(Commission Expires:
G acI�
State of S
County of
I certify that the following persons) personally appeared before me this day,
each acknowledging to me that he or she signed the foregoing document:
Gary Jones
[insert name(s) of principal(s)].
Date. � H l--\
or Typed Name
My Commission Expires:
Public
otarial Seal)
C.
l�ti�:'tis�:istr
ssta, t
-r.
` 201.
1
A', QV.,
i Cryceir� t �-
(Official/Notarial Seal)
1�4
ctiSS10f� �,r = r
�
AUM 2P m
�520
4818-1985-5929 01
EXHIBIT A
CONVEYANCE PROPERTY
BEING all of Union County Tax Parcel # 07042053 and being more particularly
described as follows:
880Zl111MG at an old Iron, a common corner with O.L. GrUfLn property and
BMW stood SuhUviaion (Map Book 7, Page 81, Union County Eeewisbry)t thence
with the 6ubdiv1830n line, S 13-06-50 N 1.23.74 foot to a nail in the Mdth
Church Road# thence six calla in said road as f0110wss let N 09-09-10 N 35.5
fast) tad N 24-36-50 N 100.0 feats 3rd N 39-03-10 M 100.0 feats 4th N
46-15-35 R 100.0 fast; 5th N 51-02-90 9 18.0 feats and 6th N 64-30-15 8 6.39
fast tO a p01at O.L. Griffin's property corner# thence with Griffin's line.
S. 52-46-15 8 274.89 feet to the point and place of MWINU biG, and contalaing
0.22 acres, mors or Use, a0c9rdiag to a survey by 8dvard L. Killough, ELLS,
dated September: 4. 1981.
END OF LEGAL DESCRIPTION
4818-1985-5929.01
EXHIBIT B
EXCEPTIONS
1) ' Title to any portion of the Land lying within the right of way of Faith Church Road.
2) Taxes or assessments for the year 2018, and subsequent years, not yet due and payable.
4818-1985-5929, v. I
4818-1985-5929.01
I