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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. 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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