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HomeMy WebLinkAboutWQ0012073_Rescission_20100921r .iri:r.�..�... NCDENR North 'Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governer Director September 21, 2010 Charles J. Salas Underwriter's Funding Group, LLC 4711 Viewndge Avenue, Suite 270 San Diego, CA 92123 Subject- Rescission of Reuse Permit Permit No. WQ0012073 Linville Falls Club McDowell County Dear Mr. Salas: Natural Resources Dee Freeman Secretary Reference is made to your request for rescission of the subject Reuse Permit. Staff from the Asheville Regional Office has confirmed that this Permit is no longer required. Therefore, in accordance with your request, Reuse Permit No. WQ0012073 is rescinded, effective immediately. If in the future, you wish again to operate a non -discharge system, you must first apply for and receive a new Reuse Permit. Operating a non -discharge system without a valid Reuse Permit will subject the responsible party to a civil penalty of up to $25,000 per day. If it would be helpful to discuss this matter further, please do not hesitate to contact the Asheville Regional Office, Aquifer Protection Section at (828) 295-4500. Sincerely, �. ColeS-S-U-11ins CHSfedh cc; McDowell County Health Department Asheville - Aquifer Protection Regional Supervisor Technical Assistance and Certification Permit File WQ0012073 Fran McPherson, DWQ Budget Office Bob Guerra, NCDWQ, SWP Section AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 L.ocabor,:1728 Capital Boulevard, Raleigh, North Carolina 27"004 Phone: 919-733-3221 1 FAX 1: 919.715-0588; FAX 2: 919-71 M048 ! Customer Service: 1-877-623-6748 Intemet w w.ncwate uali .a 'n Equa' Opp^riur- �y'+ Aiflrmative Action Employer NooAhCaraiina ahtrally Permit Rescission Form Information to be filled out by Central Office: Facility Name: Linville Falls Club Permit Number: WQ0012073 Regional Office: Asheville County: McDowell Date Rescission Requested: 7/30/2010 Permit Expiration: 1/31/2016 Received Original Request: ® Central Office Regional Office Form of Received Request: ® Letter Signed Annual Fee Invoice Other Information to be filled out by Region: Please Check Appropriately: ❑ Site Visit Performed ❑ Groundwater Concerns Addressed Render Decision for Rescission of the Above Referenced Permit: 0 Approved ❑ Denied Note: If approved this permit will become inactive in the BIMS database and will not be billed through the division Ming system. Complete if Approved: ❑ Rescind Immediately Reason for Approval: The spray irrigation components of this_facility were dewo;yed during hurricanes Francis & Ivan in September 2004. There have been numerous owners since that time but re airs to the ND system have never been made due to continual and repetitive financial insolvency of each owner. This facili has an NPDES permit and th2y have been discharging under that permit since September 2004. Based on the histM of the site, anticipated limited buildup potential of the subdivision and rescission request by the current owner, it is higbly unlikely the site will ever have a functionally ND 5 5y tern. Reason for Denial Signature of Certifier: Date Certified: 4 ` -Z-"' 1.'0"o Return Completed and Signed Form to Ed Hardee, Aquifer Protection Program Section UNDERWRITERS r=UNDING GROUP, LLC 4711 Viewridge Avenue, Suite 270, San Diego, CA 92123 UFG July 22, 2010 Land Application Unit Attn: Ed Hardee 1636 Mail Service Center Raleigh, NC 27699 RE: Request to Rescind WWTP Spray Irrigation Permit #WQ0012073 Linville Falls Mountain Club and Preserve (Formerly Blue Ridge Country Club) Mr. Hardy, T: 858-580-4505 F: 858-560-0529 www.ufgloans.com Pursuant to prior conversations i have had with Bob Guerra of the Division of Water Quality, please accept this letter as our formal written request to rescind spray irrigation permit #W00012073 for the WWTP at Linville Falls, formerly known as the Blue Ridge Country Club. We have spoken with and secured consensus on this request from the third -party plant operator (James & James Environmental), the board of the affected POA, the operator presently leasing the golf course and other recognized industry professionals. This request is being made on behalf of the real property owners/developers, for whom Underwriter's Funding Group serves as asset manager. All are being copied on this request. This request is made subject to maintaining the present flow at .202mgd and conditioned upon all other factors and plant operations remaining as presently approved. Part and parcel to this request for rescission of the permit, we plan to make necessary upgrades to the WWTP, in addition to expansion as required to accommodate anticipated increases in demand resulting from further lot sales and home development activity. Please call me with any questions and/or let me know what other steps we must take in order to advance this request through your process. Thank you for your consideration. Regards, Charles Safas Underwriter's Funding Group, LLC ,7'1 Vier, . - Av=. ;w, Si, - "7 ui 2_7'itf u s a I a s ci ufq Ioans.com www.ufqloans.com cc: Glenn Goldan, President, ReProp — via email Mick Evans, Job Superintendant - via email Will Rucker, President, LFMC POA — via email Dennis Perk, LFMC POA WWTP Representative — via email Bob Guerra, NCDENR — via email James & James Environmental — via email \N A Beverly Eaves Perdue, Governor ©�0F tq 7' Dee Freeman. Secretary > i North Carolina Department of Environment and Natural Resources Co3een H. Sullins, Director Division of water Quality SPACE WATER. PROTECTION -SECTION EENT NAME/OWNERSHIP CE[ANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C 0 0 8 0 0 9 8 I N I C I G 15 11, Permit status prior to status Change. a. Permit issued to (company name): Coastal Ventures Group 11, LLC b. Person legally responsible for permit: James Kunevicous First MI Last Managing Member Title 127 N Tryon St Suite 602 Permit Holder Mailing Address Charlotte NC 28202 City State Zip ( ) N/A ( ) NIA Phone Fax c. Facility name (discharge): Blue Ridge Country Club WWTP d. Facility address: 17677 U.S Hi hway North Address Marion NC 28752 City state Zip e. Facility contact person: NIA ( ) N/A First 1 MI /Last Phone III. Please provide the following for the requested change (!revised Hermit). a. Request for change is a result of: ® Change in ownership of the facility ® Name change of the facility or owner I, f other please explain: New owners were the prior lenders that took title as a result of prior owners failure to pay and the resulting foreclosure action b. Permit issued to (company name): ReProp Financial Mortgage Investors, LLC & Diversified Lending Group, Inc. as tenants in common c. Person legally responsible for permit: Charles J Salas First MI Last Asset Manager Title 4711 Viewridge Ave, Suite 270 Permit Holder Mailing Address San Diego CA 92123 City State — -- -_ Zip (858) 560-45.05 salascj@ufgloans.com Phone E-mail Address d. Facility name (discharge): Linville Falls Mountain Club & Preserve, formerly known as Blue Ridge Country Club WWTP e. Facility address: 1677 U.S Highway North Address Marion NC 28752 City State Zip f. Facility contact person: Mick Evans Revised 112009 PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2of2 First MI Last 828).803-3615 mick@velociter.net _ Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Same As Above First MI Last Title Mailing Address City state Zip Phone E-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ❑ Yes Facility will request recission no longer have Non -discharge spray ® No (please explain.) irrigation permit (WQ0012073) and will not be utilizing spray irrigation equipmment for irrigation activities pending department's approval of improvement plans. YI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is re_guired for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, . Prior Owner Foreclosed, Is Not Cooperative .And No Longer Resides In The State - Signature NOT Available, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application_ package will be returned as incomplete. Signature July 12, 2010 Date APPLICANT CERTIFICATION I, Charles J. IV' is applic on for a name/ownership change has been reviewed and is accurate and st of owledge. I understand that if all required parts of this application and t t if ail required supporting information is not included, this application package willorp fete. ffLM July 12, 2010 Signature Date Revised 112009 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 112009 Bock1013 Paga 447 2010000612 MM.Rc MCDOWELL CC, NC FEE $25.OD STATE OF NC REAL ESTATE EX -7X $1076.00 PRESENTED& RECDRGEO 02-11-2010 03:53:45 PM JANE a MCGEE IiEOFiER OF pcELS a) LINOACHARW00D 'Mr, RmG Fx OF OE["E BK: CRP 1013 P G : 447-449 EXCISE TAX: $1,076.00 STATE OF NORTH CAROLINA SUBSTITUTE TRUSTEE'S DEED COUNTY OF MCDOWELL THIS DEED, made this the 13th day of January, 2010, by and between Rogers Townsend & Thomas, PC, successor by merger to Kellam & Pettit, P.A., Substitute Trustee in the Deed of Trust hereinafter mentioned, of Mecklenburg County, North Carolina, hereinafter referred to as "Grantor," and Diversified Lending Group, Inc., 4711 Viewridge Ave, Ste 270 San Diego, CA 92123, hereinafter referred to as "Grantee". W I T N E S S E T H WHEREAS, on June 20, 2007, Coastal Ventures Group 11, LLC, executed and delivered unto Peter N. Carlino, as Trustee, a certain Deed of Trust which was duly recorded on June 29, 2007, in Book CRP923 at Page 530 in the Office of the Register of Deeds for McDowell County, North Carolina, to which reference is hereby made; and WHEREAS, Grantor was appointed as Substitute Trustee under the foregoing Deed of Trust, pursuant to a Substitution of Trustee which was duly recorded on October 30, 2008, in Book CRP 978 at Page 485 in the Office of the Register of Deeds for McDowell County, North Carolina to which reference.is hereby made; and WHEREAS, default having occurred in the payment of the indebtedness secured by said Deed of Trust, due demand was made upon the Grantor by the owner and holder of the indebtedness secured by said Deed of Trust that he foreclose on said Deed of Trust and sell the property under the terms thereof; and WHEREAS, under and by virtue of the power and authority in him vested by the said Deed of Trust and in accordance with the terms and stipulations of same, having instituted a special proceeding before the Clerk of Superior Court of McDowell County, North Carolina, captioned 1108 - SP -23811 and after due advertisement as provided in the Deed of Trust and as by law required, and due and timely notice having been given to the parties to said special proceeding, and a proper hearing having been conducted on the Monday, December 29, 2008, where upon the Clerk of Superior Court of McDowell County, North Carolina authorized Grantor to proceed under said Deed of Trust and sell the real property as hereinafter described, Grantor, at 10:00 AM, on November 24, 2009, did expose the land described in said Deed of Trust, and hereinafter described and conveyed, subject to prior liens, restrictions, easements, conveyances and releases, for sale at public auction at the McDowell County Courthouse, in the City of Marion, North Carolina, when and where Grantee became the last and highest bidder for the said land at the price of $750,000.00; and APPROVO V RECC�7; ��o v aA)( DEPAR"F Coastal ventures u 7S, LLC, 9.0000036A I Prepared by and R turn to: Rogers Townsend4& auras, C � Attn: Matt Smith CRA R /i'i1 2701 Coltsgate Road, Suite 380 charlotte, NC 28211 Book 1013 Paige 448 CRP 1013 448 WHEREAS, Grantor duly reported said sale to the Clerk of Superior Court of McDowell County, North Carolina, as by law required, and thereafter said sale remained open ten days and no advance bid was placed thereon within the time allowed by law; and WHEREAS, Grantee entered into a partial assignment of bid where a portion of the real property described in the aforementioned Deed of Trust was assigned to ReProp Financial Mortgage Investors, LLC (see Partial Assignment of Bid filed in McDowell County file number 08 -SP -238); and WHEREAS, said purchase. price has been fully paid; and NOW, THEREFORE, in consideration of the premises and of the payment of the pro rata purchase price by the Grantee, the receipt of which is hereby acknowledged, and pursuant to the authority vested in him by the terms of said Deed of Trust, Grantor, as Substitute Trustee, does hereby bargain, sell, grant and convey unto the Grantee, its successors and assigns, all of that certain lot or parcel of land, lying and being in McDowell County, State of North Carolina, and being more particularly described as follows: TRACT I: BEING all of Lot 3 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -A, as shown on plat duly recorded in Plat Book 4, Page 411, McDowell County Registry, reference to which is hereby made for a more particular metes and bounds description. TRACT IIs BEING all of Lots 11, 13, 15, 20, 22, 27, 33, 41, 54, 57 and 59 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -A, as shown on plat duly recorded in Plat Book 4, Page 412, McDowell County Registry, reference to which is hereby made for a more particular mates and bounds description, TRACT III: BEING all of Lots 69, 73, 78, and 82 of SUBDIVISION, PHASE .I -A, as shown on plat duly Page 413, McDowell County Registry, reference to a more particular metes and bounds description. TRACT IVs (N/A) TRACT V: BLUE RIDGE COUNTRY CLUB recorded in Plat Book 4, which is hereby made for BEING all of Lots 152, 156, and 177 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -B, as shown on plat duly recorded in Plat Book 4, Page 415, McDowell County Registry, reference to which is hereby made for a more particular metes and bounds description. BEING Lot 180 of SLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE 2-A, as shown on plat thereof duly recorded in Plat Book 5A, Page 45, McDowell County Registry, reference to which is hereby made for a more particular metes and bounds description. TRACT VII: BEING all of Lots 199, 203, 206, 212, 218, 219, 223, 225, 225, 230, 231, 232 and 234 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE 2-A, as shows an plat duly recorded in Plat Book 5A, Page 46, McDowell County Registry, reference to which is hereby made for a more particular metes and bounds description. Book 1013 Page 449 Lees and except the following property: CRP 1013 449 1. Revised Lot 68, Linville Falls Club as shown on plat recorded in Plat Book 16, Page 93 and more particularly described in that deed from Coastal Ventures Group 11, LLC to LTV Properties -Linville, LLC recorded on October 29, 2008 in Hook CRP 978, Pages 352-354, McDowell County Register of Deeds. 2. Revised Lot 67, Linville Falls Club as shown on plat recorded in Plat Book 16, Page 93 and more particularly described in that deed from Coastal Ventures Group 11, LLC to JV Properties -Linville, LLC recorded on October 29, 2008 in Hook CRF 978, Pages 349-351, McDowell County Register of Deeds. 3. Revised Lot 70, Linville Palls Club as shown on plat recorded in Plat Book 16, Page 93 and more particularly described in that deed from Coastal Ventures Group 11, LLC to JAAT -Linville, LLC recorded on October 29, 2008 in Book CRP 978, Pages 355-357, McDowell County Register of Deeds. Above described property is not the primary residence of the grantor. To Have and to Hold the said land, together with all the privileges and appurtenances thereunto belonging, unto said Grantee, its successors and assigns, forever, in as full and ample manner as Grantor is authorized and empowered as substitute Trustee to convey the same. in Witness Whereof, Grantor, the Substitute Trustee, of the aforesaid Deed of Trust, has hereunto set his hand and affixed his seal, the day and year first above -written. pLJBLlC 71 G9tlon OOZY �=�' BY STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG Rogers Townsend & Thomas, P.C., successor by merger to Kellam & Pettit, P.A. SubstittAuyte� /Trustee i "`'�"` L �- ►��-^-- (SEAL) Michael B. Stein Attorney I, M. Aaron Smith, a Notary Public of Gaston County and State aforesaid certify that Michael B. Stein personally came before me this day, and I have personal knowledge of the identity of the principal and acknowledged that he is the Attorney of Rogers Townsend & Thomas, PC, a North Carolina Corporation and that by authority duly given and as an act of the corporation has voluntarily signed the foregoing instrument in its name and on its behalf as its act and deed as Substitute Trustee. WITNESS my hand and notarial seal, this day January 22, 2019. My Commission .pares: November 6, 2013 Notary Public: M. AaronSmith Book 1013 Page 448,002 JANE $ MCGTE Mcdowell� County Register of Deeds Register of Deeds 21 South Main Sbw, Suite A r Marion, NORTH CAROLINA 28752 Telephone 828492.4727 r Pax 828.6971537 i &Mail jmcpemcdowellttitlesearcher.com r Ory ELL Cam \: " UA n" ►rr►►raiiii••rrttriirii}tariff•ttY4tt*'FYYY+Ya+*r*iYYY1++Y+Y+i++R*+YYYYiiYYrYYiaY►MY Filed For Registration: 02/11/2010 03:53:45 W! Book: mp 10L3 Page: 447-449 Document bio.: 20L0000612 D.= 3 PU 1101.00 Reoorder. Limp c NAxp0co *r•*aw}wrti+*}titrwtr+artrr►aarrrriirra►iiirr+at•rrt+rrtrrr►rrt+rr+tiir•+tYir+tura State of North Carolina, County of MoDorell Filed for registration dad Duly Raoorded this 11TH day of V=99LMRT 20L0. .AM B MC=Zr RSOIBT6R OF DnDS Dc"'i RCOISTM Or DRLDB •rtra+trrr•rtiirr►irrrrrrrarYiw*+rYrw+rr+i+r►Y}ttt+rr++r*sari+}*irrrritrrrarr*+++* DO NOT Pinow ! This certification short it a vital part of your recorded document. please retain with original doaomrnt and subait when mo-racording. STATE OF NORTH CAROLINA COUNTY OF MCDOWELL 2010000614 99� MCDOWELL CO, NC FEE 549.00 STATE OF NO REAL ESTATE EXTX $2500.00 PRESENTED 6 RECORDED 02-11-2010 03:53:47 PM BY LWDAHARWOOD OEPV REMSIER OF DEEDS BK: CRP 1013 PG: 453-463 EXCISE TAX: $2,500.00 SUBSTITUTE TRUSTEE'S DEED THIS DEED, made this the 14th day of January, 2010, by and between Rogers Townsend & Thomas, PC, successor by merger to Kellam & Pettit, P.A., Substitute Trustee, 2701 Coltsgate Rd., Charlotte, NC 28211, in the Deed of Trust hereinafter mentioned, of Mecklenburg County, North Carolina., hereinafter referred to as "Grantor," and ReProp Financial Mortgage Investors, LLC, as a tenant in common of a 63.89 undivided interest; and Diversified Lending Group, Inc., as a tenant in common of a 36.115k undivided interest, 4711 Viewridge Ave, Ste 270 San -Diego, CA 92123, hereinafter referred to as "Grantee". W I T N E S S E fi H WHEREAS, on June 20, 2007, Coastal Ventures Group II, LLC, executed and delivered unto Peter N. Carlino, as Trustee, a certain Deed of Trust which was duly recorded on June 29, 2007, in Book CRP923 at Fuge 570 in the Office of the Register of Deeds for McDowell County, North Carolina, to which reference is hereby made; and WHEREAS, Grantor was appointed as Substitute Trustee under the foregoing Deed- of Trust, pursuant to a Substitution of Trustee which was duly recorded on October 30, 2008, in Book CRP 978 at Page 487 in the office of the Register of Deeds for McDowell County, North Carolina to which reference is hereby made; and WHEREAS, default having occurred in the payment of the indebtedness secured by said Deed of Trust, due demand was made upon the Grantor by the owner and holder of the indebtedness secured by said Deed of Trust that he foreclose on said Deed of Trust and sell the property under the terms thereof; and WHEREAS, under and by virtue of the power and authority in him vested by the said Deed of Trust and in accordance with the terms and stipulations of same, having instituted a special proceeding before the Clerk of Superior Court of McDowell County, North Carolina, captioned 1108- 5P-239" and after due advertisement as provided in the Deed of Trust and as by law required, and due and timely notice having been given to the parties to said special proceeding, and a proper hearing having been conducted on the Monday, December 29, 2008, where upon the Clerk of Superior Court of McDowell County, North Carolina authorized Grantor to proceed under said Deed of Trust and sell the real property as hereinafter described, Grantor, at 10:00 AM, on November 24, 2009, did expose the land described in said Deed of Trust, and hereinafter described and conveyed, subject to prior liens, restrictions, easements, conveyances and releases, for sale at public auction at the McDowell County Courthouse, in the City of Marion, North Carolina, when and where Grantee became the last and highest bidder for the said land at the price of $1,250,000.00; and Coastal Ventures Group 11, LLC, 9.0000032 Prepared by and Return to: Rogers Townsend & Thomas, PC, Attne Matt Smith, 2701 Coltsgate Road, Suite 300, Charlotte, NC 28211 5Z *- �l I 1 /?n �ny r //e� cY+iQ o -v r� �� /�/�rrva fl/ �G QQV,OV � �l / 2 -7e, , �d �� � SA 3,p- *RKKW TU TAX DEPART MIT r.!v. CRP 1013 454 WHEREAS, Grantor duly reported said sale to the Clerk of Superior Court of McDowell County, North Carolina, as by law required, and thereafter said sale remained open ten days and no advance bid was placed thereon within the time allowed by law; and WHEREAS, said purchase price has been fully paid; and NOW, THEREFORE, in consideration of the premises and of the payment of the said purchase price by the Grantee, the receipt of which is hereby acknowledged, and pursuant to the authority vested in him by the terms of said Deed of Trust, Grantor, as Substitute Trustee, does hereby bargain, sell, grant and convey unto the Grantee, its successors and assigns, all of that certain lot or parcel of land, lying and being in McDowell County, State of North Carolina, and being more particularly described as follows: TRACT IX: (7.46 ACRE TRACT) BEGINNING on an existing iron rebar, said existing iron rebar having NCGS Coordinates of N - 792111.600 feet and E = 1130103.805 feet, NAD 83, and being located North 05 degrees, 42 minutes, 17 seconds East 3666.21 feet from NCGS Monument "Garaventa", said NCGS Monument having NCGS Coordinates of N = 788464.101 feet and E = 1129739.433 feet, NAD 83; thence from said Beginning Point North 33 degrees, 46 minutes, 53 seconds East 284.00 feet to an existing iron rebar, said existing iron rebar being located South 87 degrees, 21 minutes, 05 seconds East 159.55 feet from an existing concrete monument, the southwest corner of the Alfred Watson Wheatley, Jr., Deed Book 856, Page 535 property, said existing concrete monument being located South 08 degrees, 29 minutes, 28 seconds East 497.91 feet from another existing concrete monument, the northwest corner of said Wheatley property; thence from existing iron rebar North 16 degrees, 19 minutes, 41 seconds East distance of 153.31 feet to an existing solid iron pin; thence North 17 degrees, 42 minutes, 07 seconds West 225.70 feet to an existing iron rebar; thence North 75 degrees, 38 minutes, 31 seconds East passing an existing solid iron pin at 203.98 feet a total distance of 234.18 feet to an unmarked point in the centerline of US Highway 221; thence with the centerline of US Highway 221 the following eight (8) bearings and distances: South 19 degrees, 41 minutes, 43 seconds East 50.15 feet to an .remarked point; South 17 degrees, 27 minutes, 06 seconds East 120.80 feet to an unwarked point; South 14 degrees, 41 minutes, 04 seconds East 134.21 feet to an unmarked point; South 10 degrees, 58 minutes, 43 seconds East 125.79 feet to an unmarked point; South 07 degrees, 54 minutes, 57 seconds East 127.79 feet to an unmarked point; South 05 degrees, 20 minutes, 10 ;seconds East 110.58 feet to an unmarked point; South 02 degrees, 11 minutes, 40 seconds East 118.49 feet to an unmarked point; South 01 degrees, 51 minutes, 01 seconds West 190.75 feet to a existing railroad spike; thence leaving centerline of US Highway 221 and running with the line of Phyllis A. Skorga, Dead Book 563, Page 566, North 79 degrees, 53 minutes, 47 seconds West 329.85 feet to an existing solid iron pin; thence South 06 degrees, 51 minutes, 54 seconds West 100.00 feet to an existing solid iron pin; thence South 06 degrees, 51 minutes, 54 seconds West 100.00 feet to a 5/841 iron rebar set; thence North 79 degrees, 51 minutes, 45 seconds West 70.14 feet to a 5/811 iron rebar sett thence North 10 degrees, 01 minutes, 04 seconds East 240.14 feet to an existing iron rebar; thence North 31 degrees, 28 minutes, 55 seconds West 231.14 feet to the BEGINNING, containing 7.46 acres by coordinate computation as shown on unrecorded plat by R.L. Greene Surveying and Mapping dated April 28, 2006 entitled "Survey of a portion of that property described in a Asad to Sawn Alvin Thompson and wife, Jennie H. Thompson" and bearing the job # 6-073. 2 CRP 1013 455 TRACT X- (The Golf Course Tract) BEGINNING on an existing concrete monument, said beginning point having NCGS Coordinates of N = 240251.133 Meters and E = 343991.747 Meters, NAD 83, said beginning point being located South 78 degrees, 19 minutes, 36 seconds West 360.637 Meters from NCGS Monument "Garaventa", said NCGS Monument "Garaventa" having NCGS Coordinates of N = 240324.1.02 Meters and E = 344344.925 Meters, NAD 83, said NCGS Monument "Garaventa" being located N 38 degrees, 37 minutes, 46 seconds East 27126 Meters from NCGS Monument "Pond", said NCGS Monument "Pond1° having NCGS Coordinates of N= 240112.194 Meters and E = 344375582 Meters, NAD 83, said beginning point also Toeing located North 49 degrees, 32 minutes, 58 seconds West 451.76 feet from an existing 5/8" rebar, the northwest corner of the 0.61 acre Sewage Treatment Plant which is an exception to this description; thence from said beginning point North 63 degrees, 47 minutes, 12 saconde East 361.28 feet to an existing iron pipe; thence North 00 degrees, 54 minutes, 29 seconds East 112.22 feet to an existing iron pipe; thence North 88 degrees, 19 minutes, 43 seconds West 331.62 feet to an existing 5/8" rebar; thence North 30 degrees, 17 minutes, 04 seconds West 72.12 feet to an existing iron pipe; thence North 08 degrees, 31 minutes, 47 seconds East 52.89 feet to an existing iron pipe; thence North 30 degrees, 55 minutes, 04 seconds East 156.31 feet to. an existing concrete monument; thence North 36 degrees, 17 minutes, 09 seconds East 433.48 feet to an existing concrete monument; thence North 35 degrees, 25 minutes, 43 seconds East 471.46 feet to an existing 5/8" rebar; thence North 62 degrees, 16 minutes, 20 seconds West 69.43 feet to an existing 5/8" rebar; thence North 26 degrees, 57 minutes, 39 seconds East 217.18 feet to an existing solid iron pin; thence North 05 degrees, 02 minutes, 32 seconds West 216.70 feet to an existing solid iron pin; thence North 03 'degrees, 06 minutes, 35 seconds West 146.94 feet to existing iron pipe; thence North 05 degrees, 54 minutes, 15 seconds East 142.21 feet to an existing railroad spike; thence North 05 degrees, 54 minutes, 15 seconds East 135.05 feet to an existing magnetic nail thence North 07 degrees, 29 minutes, 09 seconds West 101.56 feet to a magnetic nail set; thence South 84 degrees, 48 minutes, 44 seconds West 110.25 feet to an existing iron pipe; thence North 47 degrees, 35 minutes, 35 seconds West 185.12 feet to an existing iron pipe; thence South 89 degrees, 10 minutes, 27 seconds West 382.32 feet to an existing iron pipe; thence South 82 degrees, 15 minutes, 50 seconds West 297.62 feet to an existing iron pipe; thence North 34 degrees, 26 minutes, 03 seconds West 213.06 feet to an existing iron pipe; thence North 07 degrees, 30 minutes, 33 seconds West 32.52 feet to a 5/811 iron rebar set; thence North 07 degrees, 30 minutes, 33 seconds West 10.16 feet to an unmarked point; thence North 61 degrees, 1S minutes, 29 seconds East 3.00 feet to a 5/8" iron rebar set; thence North 61 degrees, 18 minutes, 29 seconds East 67.24 feet to an existing concrete monument; thence South 88 degrees, 37 minutes, 26 seconds East 111.55 feet to an existing iron pipe; thence South 87 degrees, 39 minutes, 13 seconds East 297.26 feet to an existing 5/8" iron rebar; thence North 83 degrees, 45 minutes, 15 seconds East 154.25 feet to an existing 5/81, iron rebar; thence North 89 degrees, 55 minutes, 40 seconds East 53.02 feet to an existing iron pipe; thence South 84 degrees, 04 minutes, 42 seconds East 113.03 feet to an existing iron pipe; thence South 84 degrees, 09 minutes, 31 seconds East 73.00 feet to an existing 5/80 rebar; thence North 44 degrees, 54 minutes, 06 seconds East 104.16 feet to an existing magnetic nail; thence South 89 degrees, 59 minutes, 04 seconds East 27.44 feet to an unmarked point; thence South 89 degrees, 59 minutes, 04 seconds East 8.51 feet to an existing iron pipe; thence North 89 degrees, 59 minutes, 09 seconds East 78.54 feet to an existing iron pipe; thence North 20 degrees, 33 minutes, 19 seconds East 57.64 feet to an existing iron pipe; thence North 14 degrees, 06 minutes, 34 seconds East 68.92 feet to art existing iron pipe; thence North 05 degrees, 1S minutes, 51 seconds. West 104.98 feet to an existing iron pipe; thence North 05 degrees, 18 minutes, 51 seconds West 15.72 feet to an existing iron pipe; thence North 19 degrees, 50 minutes, 13 seconds West 105.88 feet to an existing iron pipe; thence North 15 degrees, 50 minutes, 49 secomds West 14.50 feet to an existing iron pipe; thence North 20 degrees, 55 minutes, 10 seconds East 31.87 feet to an existing iron pipe; thence North 33 degrees, 06 minutes, 43 seconds East 44.15 feet to an existing iron pipe; thence North 00 degrees, 16 minutes, 04 seconds East 664.00 feet to an existing iron pipe; thence North 42 degrees, 16 minutes, 24 CRP 1013 456 seconds East 47.90 feet to an existing concrete monument, thence North 32 degrees, 52 minutes, 14 seconds East 61.60 feet to au existing iron pipe; thence North 32 degrees, 52 minutes, 14 seconds East 27.40 feet to an existing concrete monument; thence North 02 degrees, 22 minutes, 48 seconds East 537.26 feet to an existing iron pipe; thence North 10 degrees, 55 minutes, 56 seconds East 119.97 feet to an existing 5/8" rebar; thence North 10 degrees, 55 minutes, 56 seconds East 207.57 feet to an existing 5/8" rebar; thence North 10 degrees, 55 minutes, 56 seconds East 158.77 feet to an existing iron pipe; thence North 41 degrees, 17 minutes, 24 seconds West 154.23 feet to an existing solid iron pin; thence North 41 degrees, 17 minutes, 24 seconds West 154.48 feet to an existing 5/8" rebar; thence North 41 degrees, 17 minutes, 24 seconds West 16.87 feet to an existing 5/8" rebar; thence North 18 degrees, 09 minutes, 48 seconds West 777.88 feet to an existing concrete monument; thence North 09 degrees, 51minutes, 49 seconds West 315.08 feet to an existing 5/8" rebar; thence North 78 degrees, 01 minutes, 21 seconds East 71,59 feet to an existing 5/8" rebar; thence North 39 degrees, 39 minutes, 16 seconds East 79.15 feet to an existing 5/8" rebar; thence North 36 degrees, 28 minutes, 46 seconds East 58.21 feet to an existing 5/8" rebar; thence South 57 degrees, 34 minutes., 58 seconds Bast 211.55 feet to a 5/8" rebar set; thence South 57 degrees, 34 minutes, 58 seconds East 4.00 feet to an unmarked point; thence South 07 degrees, 18 minutes, 54 seconds East 5.00 feet to a 5/8" rebar set; thence South 07 degrees, 18 minutes, 54 seconds East 73.02 feat to an existing iron pipe; thence South 24 degrees, 53 minutes, 57 seconds East 8:7.64 feet to a 5/8" rebar set; thence South 20 degrees, 02 minutes, 28 seconds Bast 45.34 feet to an existing iron pipe; thence South 31 degrees, 38 minutes, 03 seconds East 65.55 feet to an unmarked point; thence South 48 degrees, 39 minutes, 43 seconds East 74.92 feet to an existing 5/8" rebar; thence South 30 degrees, 54 minutes, 31 seconds East 169.97 feet to an existing 5/811 rebar; thence South 25 degrees, 24 minutes, 54 seconds East 72.98 feet to an unmarked point; thence North 72 degrees, 13 minutes, 49 seconds East 15.73. feet to a 5/81T rebar set; thence North 72 degrees, 13 minutes, 49 seconds East 167.54 feet to an existing 5/8" rebar; thence North 72 degrees, 13 minutes, 49 seconds East 25.79 feet to an unmarked point, centerline of the branch; thence arith the centerline of the branch the following fifteen f15} bearings and distances; South 09 degrees, 55 minutes, 12 seconds East 49.86 feet to an unmarked point; South 04 degrees, 16 minutes, 50 seconds East 49.97 feet to an unmarked point;; South 64 degrees, 26 minutes, 20 seconds East 26.34 feet to an unmarked point; South 16 degrees, 18 minutes, 01 seconds East 23.60 feet to an unmarked point; South 04 degrees, 55 minutes, 19 seconds East 49.67 feet to an unmarked point; South 23 degrees, 37 minutes, 29 seconds Bast 47.44 feet to an unmarked point; South 39 degrees, 16 minutes, 02 seconds Bast 18.83 feet to an unmarked point; South 70 degrees, 02 minutes, 33 seconds East 105.40 feet to an unmarked point; North 60 degrees, 18 minutes, 31 seconds East 25.47 feet to an unmarked point; North 84 degrees, 54 minutes, 33 seconds East 13.34 feet to an unmarked point; South 40 degrees, 41 minutes, 34 seconds East 27.06 feet to an +=marked point; South 36 degrees, 03 minutes, 24 seconds East 21.65 feet to an unmarked point; South 50 degrees, 03 minutes, 24 seconds East 24.76 feet to an unmarked point; South 19 degrees, 44 minutes, 06 seconds East 20.79 feat to an unmarked point; South 51 degrees, 05 minutes, 04 seconds East 20.99 feet to an unmarked point; thence leaving said branch North 48 degrees, 48 minutes, 24 seconds East 15.96 feet to an existing iron pipe; thence North 48 degrees, 48 minutes, 24 seconds East 92.05 feet to an existing solid iron pin; thence North 48 degrees, 48 minutes, 24 seconds East 12.76 feet to an unmarked CRP 1013 457 point in the centerline of IIS highway 221; thence with the centerline of US Highway 221 South 24 degrees, 11 minutes, 46 seconds East 679.24 feet to an unmarked point; thence leaving CIS Highway 221 and with the line of Alfred Watson Wheatley, Jr. (Deed Book 856, Page 535) South 65 degrees, 53 minutes, 29 seconds West passing an existing concrete monument at 21.40 feet a total distance of 347.34 feet to an existing concrete monument; thence continuing with the line of Wheatley South 08 degrees, 29 minutes, 10 seconds East 497.99 feet to an existing concrete monument; thence South 87 degrees, 21 minutes, 05 seconds East 159.55 feet to a 5/8" rebar set in the line of the 7.46 acre tract purchased by Linville Falls Club, LLC (Deed Book 874, Page 354); thence leaving the line of Wheatley and with the line of Linville 'Falls Club South 33 degrees, 46 minutes, 53 seconds West 284.00 feet to an existing 5/8" rebar; thence South 31 degrees, 28 minutes, 55 seconds East 231.14 feet to an existing 5/8° rebar; thence South 10 degrees, 01 minutes, 04 seconds West 240.14 feet to a 5/8" rebar set; thence South 79 degrees, 51 minutes, 45 seconds bast 70.14 feet to a 5/8" rebar set; thence leaving the line of Linville Falls Club, LLC and with the line of Phyllis A. Skorga (Deed Book 563, Page 586) South 79 degrees, 51 minutes, 45 seconds East 329.81 feet to an existing magnetic nail located in the centerline of US Highway 221; thence with the centerline of IIS highway 221 the following tour (4) bearings and distances: South 12 degrees, 46 minutes, 44 seconds West 269.64 feet to an unmarked point; South 14 degrees, 38 minutes, 24 seconds West 266.36 feet to an unmarked point; ' South 14 degrees, 58 minutes, 51 seconds West 605.56 feet to as unmarked point; South 14 degrees, 53 minutes, 54 seconds West 30.00 feet to an unmarked point; thence leaving CIS highway 221 and running with the southern edge of 60, right-of-way for Catawba River Drive and with the lines of Inn at Blue Ridge, LLC (Deed Book 786, Page 777) North 75 degrees, 32 minutes, 17 seconds West 60.28 feet to an existing railroad spike; thence -continuing with the right-of-way. line for Catawba River Drive and with the lines of Inn at Blue Ridge, LLC North 75 degrees, 07 minutes, 16 seconds West 1.29.76 feet to an existing railroad spike; thence along a curve to the left having a radius of 319.93 feet and an arc length of 143.81 feet, being subtended by a chord of North 87 degrees, 59 minutes, 00 seconds West 142.60 feet to an existing iron pipe; thence South 79 degrees, 07 minutes, 62 seconds West 109.02 feet to an existing iron pipe; thence South 79 degrees, 31 minutes, 15 seconds West 55.98 feet to an unmarked point in the west bank of North Fork Catawba River; thence continuing with the west bank of North Fork Catawba River and with the line of Inn at Blue Ridge, LLC the following ten (10) bearings and distances: South 22 degrees, 26 minutes, 44 seconds East 34.30 feet to an unmarked point; South 30 degrees, 43 minutes, 31 seconds East 33.00 feet to an unmarked point; south 16 degrees, 50 minutes, 28 seconds East73.19 feet to an unmarked point; South 29 degrees, 11 minutes, 17 seconds East 48.04 feet to an unmarked point; South 26 degrees, 08 minutes, 38 seconds East 50.31 feet to an unmarked point; South 28 degrees, 04 minutes, 38 seconds East 38.67 feet to an unmarked point; South 28 degrees, 02 minutes, 27 seconds East 44.18 feet to an unmarked point; South 01 degrees, 21 minutes, 56 seconds West 50.08 feet to an unmarked point; South 06 degrees, 59 minutes, 22 seconds West 32.66 feet to an unmarked point; South 06 degrees, 59 minutes, 22 seconds West 23.02 feet to an unmarked point; thence crossing North Fork Catawba River South 81 degrees, 50 minutes, 03 seconds East 36.14 feet to a 5/81, rebar set on the east bank of North Fork Catawba River; thence South 81 degrees, 50 minutes, 03 seconds East 31.00 feet to an existing iron pipe; thence South 20 degrees, 53 minutes, 39 seconds East 54.98 feet to an existing iron pipe; thence South 71 degrees, 25 minutes, 33 seconds East 7.24.59 feet to an existing iron pipe; thence South 71 degrees, 25 minutes, 33 seconds East 25.51 feet to an unmarked point in the centerline of IIS highway 221; thence with the centerline of US Highway 221 the following eleven (11) bearings and distances: South 14 degrees, 53 minutes, 54 seconds West 1350.19 feet to an unmarked point; South 17 degrees, 51 minutes, 24 seconds West 82.14 feet to an unmarked point; South 22 degrees, 13 minutes, 04 seconds West 76.22 feet to an unmarked point; South 30 degrees, 52 minutes, 44 seconds West 208.96 CRP 1O13 458 feet to an unmarked point; South 37 degrees, 12 minutes, 04 seconds West 674.21 feet to an unmarked point; South 35 degrees, 56 minutes, 14 seconds West 48.13 feet to an unmarked points South 31 degrees, 21 minutes, 14 seconds West 52.82 feet to an unmarked point; South 26 degrees, 31 minutes, 14 seconds West 54.81 feet to an unmarked point; South 22 degrees, 33 minutes, 04 seconds West 44.90 feet to an unmarked point; South 18 degrees, 29 minutes, 04 seconds West 58.78 feet to an unmarked point; South 16 degrees, 14 minutes, 14 seconds West 42.25 feet to an unmarked point; thence leaving VS Highway 221 and with the north line of CSX Railroad the following eight (8) bearings and distances: North 79 degrees, 15 minutes, 44 seconds West 20.00 feet to an existing 5/8" rebar North 79 degrees, 16 minutes, 40 seconds West 161.81 feet to an unmarked point; North 88 degrees, 59 minutes, 23 seconds West 152.62 feet to an unmarked point; South 60 degrees, 51 minutes, 16 seconds West 201.20 feet to an unmarked point; South 71 degrees, 00 minutes, 06 seconds West 132.11 feet to an unmarked point; South 62 degrees, 30 minutes, 26 seconds West 162.16 feet to an unmarked point; South 55 degrees, 11 minutes, 56 seconds West 120.23 feet to an unmarked point; South 51 degrees, 41 minutes, 36 seconds West 546.30 feet to an unmarked point; thence leaving CSX Railroad and with the line of Edwina Y. Tatum (Deed Book 764, Page 840) North 58 degrees, 53 minutes, 26 seconds West 12,25 feet to an existing solid iron pin; thence North 58 degrees, 53 minutes, 26 seconds West 234.02 feet to an existing concrete monument; thence North 58 degrees, 53 minutes, 26 seconds West 206.12 feet to an existing square iron rod; thence North 38 degrees, 34 minutes, 41 seconds Fust 189.01 feet to an existing iron pipe; thence South 86 degrees, 37 minutes, 55 seconds East 49.49 feet to an existing iron pipe; thence North 36 degrees, 05 minutes, 45 seconds East 48.15 feet to an existing square iron rod; thence North 20 degrees, 25 minutes, 40 seconds East 73.83 feet to an existing iron pipe; thence North 52 degrees, 55 minutes, 56 seconds East 834.20 feet to an existing concrete monument; thence North 55 degrees, 20 minutes, 21 seconds East 360.83 feet to the BEGINNING containing 159.62 acres by coordinate computation. as shown on unrecorded plat by R.L. Greene Surveying And Pupping dated August 10, 2006, entitled "Survey of certain properties described in deeds to Linville Falls Club, LLC" and nearing the job #( 6-088. LESS AND EXCEPT, the 0.61 acre Sewage Treatment Plant more particularly described as follows: BEGINNING on an existing 5/81, rebar, said existing 5/811 rebar being located South 49 degrees, 32 minutes, 58 seconds East 451.78 feet from an existing concrete monument, the begirming corner of the 159.62 acre parcel as described above of which this description is an exception thence from said beginning point South 55 degrees, 30 minutes, 58 seconds East 45.00 feet to a 5/8" rebar set on the west bank of the North Fork Catawba River; thence South 55 degrees, 30 minutes, 58 seconds East 23.03 feet to an unmarked point in the centerline of said river; thence South 30 degrees, 00 minutes, 22 seconds West 61.34 feet to an unmarked point on the west bank of said river; thence along the west bank of said river the following six (6) bearings and distances: South 26 degrees, 42 minutes, 08 seconds West 33.61 feet to an unmarked point; South 16 degrees, 08 minutes, 28 seconds West 40.99 feet to an unmarked point; South 24 degrees, 29 minutes, 17 seconds West 58.22 feet to an unmarked point; South 29 degrees, 55 minutes, 14 seconds West 32.54 feet to an unmarked point; South 27 degrees, 49 minutes, 23 seconds West 33.81 feet to an unmarked point; South 25 degrees, 48 minutes, 02 seconds West 52.33 feet to an unmarked point; thence leaving said west bank of river North 63 degrees, 29 minutes, 35 seconds West 32.95 feet to an existing 5/8" rebar; thence North 63 degrees, 29 minutes, 35 seconds West 63.57 feet to an existing 5/8" rebar; thence North 29 degrees, 49 minutes, 57 seconds East 182.97 feet to an existing 5/8" rebar; thence: North 32 degrees, 41 minutes, 19 seconds East 139.55 feet to the BEGINNING, containing 0.61 acre by coordinate computation as shown unrecorded plat by R.L. Greene Surveying CRP 1013 459 and Mapping dated August 10, 2006, entitled "Survey of certain properties described in deeds to Linville Falls Club, LLC" and bearing the job # 6- 068. SUBJECT TO, the Wilson Cemetery shown on the unrecorded plat by R.L. Greene Surveying and Mapping dated August 10, 2006, entitled 'Survey of certain properties described in deeds to Linville Falls Club, LLC" and bearing the Job # 6-088. TRACT XI: (The Undeveloped Tract) BEGINNING on an existing concrete monument, said beginning point having NCGS Coordinates of N = 240251.133 Meters and E = 343991.747 Meters, HAD 83, said beginning point being located South 78 degrees, 19 minutes, 36 seconds West 360.637 Meters from NCGS Monument "Garaventa=', said NCGS Monument "Garaventa" having NCGS Coordinates of N = 240324.102 Meters and E 344344.925 Meters, HAD 83, said NCGS Monument "Garaventa" being located N 38 degrees, 37 minutes, 46 seconds East 271.25 Meters from NCGS Monument "Pond", said NCGS Monument "pond" having NCGS Coordinates of N 240112.194 Meters and E = 344175.582 Meters, NAD 83; thence from said Beginning Point South 55 degrees, 20 minutes, 21 seconds West 360.83 feet to an existing concrete monument; thence South 52 degrees, 55 minutes, 56 seconds West 834.20 feet to an existing iron pipe; thence South 20 degrees, 25 minutes, 40 seconds West 73.83 feet to an existing square iron rod; thence South 36 degrees, 05 minutes, 45 seconds West 46.15 feet an existing iron pipe; thence North 86 degrees, 37 minutes, 55 seconds West 49.49 feet to art existing iron pipe; thence South 38 degrees, 34 minutes, 41 seconds West 189.01 feet to an existing square iron rod; thence North 58 degrees, 54 minutes, 53 seconds West 38.52 feet to an existing iron pipe previous survey; thence South 06 degrees, 40 minutes, 45 seconds West 543.78 feet to an existing iron pipe previous survey; thence North 86 degrees, 49 minutes, 20 seconds West 26.00 feet an existing iron pipe previous survey; thence North 05 degrees, 31 minutes, 51 seconds East 238.73 feet to an existing iron pipe previous survey; thence North 07 degrees, 33 minutes, 41 seconds East 533.40 feet to an existing iron pipe previous survey; located at the base of a maple; thence North 07 degrees,' 10 minutes, 48 seconds East 368.00 feet to a concrete monument set previous survey; thence North 07 degrees, 10 minutes, 48 seconds East 284.00 feet to an iron pipe set previous survey; thence North 07 degrees, 10 minutes, 48 seconds East 122.00 feet to an iron pipe set previous survey; thence North 07 degrees, 10 minutes, 48 seconds East 156.00 feet to an iron pipe set previous survey; thence North 07 degrees, 10 minutes, 48 seconds East 163.00 feet to an iron pipe set previous surveys thence North 07 degrees, 10 minutes, 48 seconds East 193.00 feet to an iron pipe set previous survey; thence North 07 degrees, 10 minutes, 48 seconds East 195.00 feet to a concrete monument set previous survey; thence North 07 degrees, 10 minutes, 48 seconds East 212.81 feet to an iron pipe set previous survey in center of small branch; thence with the branch the following thirteen (13) bearings and distances.- North istances: North 46 degrees, 56 minutes, 40 seconds West 53.36 feet to an unmarked corner; North 43 degrees, 50 minutes, 40 seconds West 46.25 feet to an unmarked corner; North 19 degrees, 08 minutes, 10 seconds West 36.25 feet to an unmarked corner; North 02 degrees, 34 minutes, 55 seconds West 61.91 feet to an iron pipe set previous survey; North 41 degrees, 26 minutes, 52 seconds West 76.77 feet to an iron pipe set previous survey; North 18 degrees, 08 minutes, 11 seconds West 89.12 feet to an iron pipe set previous survey; North 57 degrees, 53 minutes, 15 seconds West 15.00 feet to an unmarked corner; 'North 57 degrees, 53 minutes, 15 seconds West 88.21 feet to a an unmarked -corner; North 57 degrees, 53 minutes, 15 seconds West 16.48 feet to an iron pipe set previous survey; North 42 degrees, 37 minutes, 48 seconds West 69.92 feet to an iron pipe set previous survey; North 68 degrees, 21 minutes, 46 seconds West 43.35 feet to an unmarked corner; North 68 degrees, 21 minutes, 46 seconds West 47.20 feet to an iron pipe set previous survey; North 26 degrees, 32 minutes, 47 seconds West 47.95 feet to an unmarked corner; thence leaving said branch North 83 degrees, 33 minutes, 42 seconds West 58.13 feet to an existing iron pipe set previous survey; thence North 83 degrees, 33 minutes, 42 seconds West 131.88 feet to an iron pipe set previous surveys thence North 83 degrees, 33 minutes, 42 seconds West 580.05 feet to an existing iron CRP 1013 460 pipe previous survey; thence North 02 degrees, 28 minutes, 19 seconds East 1110.91 feet to an existing iron pipe previous survey in rock pile, Cor. # 8 of U.S. Forest Service, Strikeleather and Guy Tr. 121; thence North 01 degrees, 22 minutes, 10 seconds, East 706.05 feet to an existing iron pipe previous survey in rock pile, Cor. # 7 of U.S. Forest Service, Strikeleather and Guy Tr. 121; thence North 87 degrees, 29 minutes, 16 seconds West 269.80 feet to a B.S. Forest Service Class "A" Monument, Cor. # 6 of US. Forest Service, Strikeleather and Guy Tr. 121; thence North 01 degrees, 51 minutes, 18 seconds East 826.65 feet to a point on rock cliff; thence North 01 degrees, 51 minutes, 16 seconds East 309.97 feet to an iron pipe set previous survey; thence North 01 degrees, 51 minutes, 18 seconds East 641.00 feet to an iron pipe set previous survey; thence North 01 degrees, 51 minutes, 18 seconds East 46.05 feet to an unmarked corner; thence South 61 degrees, 18 minutes, 29 seconds West 276.89 feet to an unmarked corner; thence North 00 degrees, 27 minutes, 38 seconds West 30.00 feet to a concrete monument; thence North 00 degrees, 27 minutes, 38 seconds West 1599.17 feet to a concrete monument; thence North 87 degrees, 20 minutes, 37 seconds East 1065.16 feet to an iron pipe set; thence North 85 degrees, 48 minutes, 58 seconds East 229.49 feet to an iron pipe set; thence. North 84 degrees, 19 minutes, 07 seconds East 270.53 feet to a 40" poplar; thence South 59 degrees, 16 minutes; 55 seconds East 183.81 feet to a 5" dogwood; thence North 86 degrees, 02 minutes, 39 seconds East 19.89 feet to a 10" walnut snag; thence South 19 degrees, 21 minutes, 06 seconds West 92.90 feet to a fence post; thence South 14 degrees, 30 minutes, 31 seconds West •155.50 feet to an iron pipe set in chestnut stump; thence South 01 degrees, 15 minutes, 28 seconds East 307.15 feet to a 40" double white -oak; thence South 08 degrees, 04 minutes, 11 seconds East 83.75 feet to a 40" red oak; thence South 18 degrees, 11 minutes, 39 seconds East 14.73 feet to a 20" locust; thence North 79 degrees, 22 minutes, 33 seconds East 586.40 feet to an iron pipe set previous survey; thence North 79 degrees, 22 minutes, 33 seconds East 5.00 feet to a 20" sourwood; thence North 75 degrees, 50 minutes, 54 seconds East 197.17 feet to an iron pipe set previous survey; thence North 70 degrees, 20 minutes, 08 seconds Bast 414.88 feet to a concrete monument set previous survey, said concrete monument being located North 14 degrees, 57 minutes, 24 seconds East 715.39 feet from a iron pipe set previous survey, the southeast corner of the Smith & Gunter property (Deed Book 430, Page 478) which is an exception to this description; thence South 57 degrees, 39 minutes, 52 seconds East 244. feet to an existing 5/8" rebar; thence South 36 degrees, 28 minutes, 46 seconds West 56.21 feet to an existing 5/8" rebar; thence South 39 degrees, 39 minutes, 16 seconds West 79.15 feet to an existing 5/8" rebar; thence South 78 degrees, 01 minutes, 21 seconds West 71.59 feet to an existing 5/811 rebar; thence South 09 degrees, 51 minutes, 49 seconds East 315.08 feet to an existing concrete monument; thence South i8 degrees, 09 minutes, 48 seconds East 777.88 feet to an existing 5/8" rebar; thence South 41 degrees, 17 minutes, 24 seconds East 16.87 feet to an existing 5/8" rebar; thence South 41 degrees, 17 minutes, 24 seconds Bast 154.48 feet to an existing solid iron pin; thence South 41 degrees, 17 minutes, 24 seconds East 154.23 feet to an existing iron pipe; thence south 10 degrees, 55 minutes, 56 seconds West 158.77 feet to an existing 5/8" rebar; thence South 10 degrees, 55 minutes, 56 seconds West 207.57 feet to an existing 5/8" rebar; thence south 10 degrees, 55 minutes, 56 seconds West 119.97 feet to an existing iron pipe; thence South 02 degrees, 22 minutes, 48 seconds West 537.26 feet to an existing concrete monument; thence South 32 degrees, 52 minutes, 14 seconds West 27.40 feet to an existing iron pipe; thence South 32 degrees, 52 minutes, 14 seconds West 61.60 feet to an existing concrete monument; thence South 42 degrees, 16 minutes, 24 seconds West 47.90 feet to an existing iron pipe; thence South 00 degrees, 16 minutes, 04 seconds West 664.00 feet to an existing iron pipe; thence South 33 degrees, 06 minutes, 43 seconds West 44.15 feet to an existing iron pipe; thence South 20 degrees, 55 minutes, 10 seconds West 31.87 feet to an existing iron pipe; thence South 15 degrees, 50 minutes, 49 seconds East 14.50 feet to an existing iron pipe; thence South 19 degrees, 50 minutes, 13 seconds East 105.88 feet to an existing iron pipe; thence South 05 degrees, 18 minutes, 51 seconds East 15.72 feet to an existing iron pipe; thence South 05 degrees, 18 minutes, 51 seconds Bast 194.98 feet to an existing iron pipe; thence South 14 degrees, 06 minutes, 34 seconds West 68.92 feet to an existing iron pipe; thence South 20 degrees, 33 minutes, 19 seconds West 57.64 feet to an existing iron pipe; thence South 89 degrees, 59 minutes, 09 seconds CRP 1013 461 West 78.54 feet to an existing iron pipet thence North 89 degrees, 59 minutes, 04 seconds Blest 8.51 feet to an unmarked point in the centerline of Blue Ridge Road; thence North 89 degrees, 59 minutes, 04 seconds West 27.44 feet to an existing magnetic nail.; thence South 44 degrees, 54 minutes, 06 seconds West 104.16 feet to an existing 5/811 rebars thence North 84 degrees, 09 minutes, 31 seconds West 73.00 feet to an existing iron pipe; thence North 84 degrees, 04, minutes, 42 seconds West 113.03 feet to an existing iron pipe; thence South 89 degrees, 55 minutes, 40 seconds West 53.02 feet to an existing 5/8" rebar; thence South 83 degrees, 45 minutes, 15 seconds West 154.25 feet to an existing 5/81, rebar; thence North 87 degrees, 39 minutes, 13 seconds West 297.26 feet to an existing iron pipe; thence North 88 degrees, 37 minutes, 26 seconds West 111.55 feet to an existing concrete monument; thence South 61 degrees, 18 minutes, 29 seconds West 67.24 feet to a 5/8" rebar set; thence South, 61 degrees, 18 minutes, 29 seconds West 3.00 feet to an unmarked point; thence South 07 degrees,. 3D minutes, 33 seconds East 10.16 feet to a 5/8" rebar set; thence South 07 degrees, 30 minutes, 33 seconds East 32.52 feet to a an existing iron pipe; thence South 34 degrees, 26 minutes, 03 seconds Fast 213.06 feet to an existing iron pipe; thence North 82 degrees, 15 minutes, 50 seconds East 297.62 feet to an existing iron pipe; thence North 89 degrees, 10 minutes, 27 seconds East 382.32 feet to an existing iron pipe; thence South 47 degrees, 35 minutes, 35 seconds past 185.12 feet to an existing iron pipe; thence North 84 degrees, 48 minutes, 44 seconds East 110.25 feet to an magnetic nail sett thence South 07 degrees, 29 minutes, 09 seconds East 101.56 feet to an existing magnetic nail; thence South 05 degrees, 54 minutes, 15 seconds West 135.05 feet to an existing railroad spike; thence South 05 degrees, 54 minutes, 15 seconds West 142.21 feet to an existing iron pipe; thence South 03 degrees, 06 minutes, 35 seconds East 146.94 feet to an existing solid iron pin; thence South 05 degrees, 02 minutes, 32 seconds East 216.70 feet to an existing solid iron pin; thence South 26 degrees, 57 minutes, 39 seconds West 217.18 feet an existing 5/811 rebar; thence South 62 degrees, 16 minutes, 20 seconds East 68.43 feet to an existing 5/8" rebar; thence South 35 degrees, 25 minutes, 43 seconds West 471.46 an existing concrete monument; thence South 38 degrees, 17 minutes, 09 seconds West 433.48 feet to an existing concrete monument; thence South 30 degrees, 55 minutes, 04 seconds West 156.31 feet to an existing iron pipes thence South 08 degrees, 31 minutes, 47 seconds West 52.89 feet to an existing iron pipes thence South 30 degrees, 17 minutes, 04 seconds East 72.12 feet to an existing 5/8" rebars thence South 88 degrees, 19 minutes, 43 seconds Sant 331.62 feet to an existing iron pipe; thence South 00 degrees, 54 minutes, 29 seconds West 112.22 feet an existing iron pipet thence South 63 degrees, 47 minutes, 12 seconds West 361.28 feet to the BEGINNING, containing'393.DO acres by coordinate computation. Bearings and distances supplied by R.L. Greene Surveying & Mapping using an unrecorded survey entitled "Survey and Division of those properties described in deeds to Blue Ridge Holdings Limited Partnership", dated. January 27, 1994 and revised February 1, 1994 and an unrecorded survey entitled "Survey of certain properties described in deeds to Linville Falls Club, LLC", dated August 10, 2006. LESS AM EXCEPT, that property described in a deed to Smith & Gunter (Deed Book 430, Page 478) and more recently to James Boyd Woodard, Jr. (Deed Book 813, Page 287)as described as follows; BEIGINNING on an iron pipe set previous survey, said iron pipe being located South 14 degrees, 57 minutes, 24 seconds West 715.39 feet from a concrete monument set on a previous survey, said concrete monument being the 60th corner of the above described 393.00 acre tract; thence from said Beginning Point South 04 degrees, 53 minutes, 56 seconds West 187.63 feet to an iron pipe set previous survey; thence South 04 degrees, 53 minutes, 56 seconds West 88.25 feet to an unmarked corners North 70 degrees, 03 minutes, 07 seconds West 87.68 feet to an iron pipe set previous survey; thence North 86 degrees, 12 minutes, 36 seconds West 114.83 feet to an unmarked corner; thence North 62 degrees, 54 minutes, 07 seconds West 60.63 feet to an unmarked corner; North 04 degrees, 53 minutes, 52 seconds East 41.43 feet to an iron pipe set previous survey; thence Borth 04 degrees, 53 minutes, 52 seconds East 191.OD feet to an iron pipe set previous survey; thence South 85 degrees, 06 minutes, 09 seconds East 255.62 feet to the BEGINNING, containing 1.50 acres by coordinate computation, as shown on unrecorded survey by R.L. Greene Surveying & CRP 1013 462 Mapping, entitled "Survey and Division of those properties described in deeds to Blue Ridge Holdings Limited Partnership", dated January 27, 1994 and revised February 1, 1994, bearing the job #94-020. LESS AND EXCEPT, THE FOLLOWING LOTS) BEING all of Lots 1, 2, 3, 4, 30, 31 and 32 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -A, as shown on plat duly recorded in Plat Book 4, Page 411, McDowell County Registry, reference to which is hereby made for a more particular mates and bounds description. BEING all of Lots 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46,47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 and 60 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -A, as shown on plat duly recorded in Plat Book 4, Page 412, McDowell County Registry, reference to which is hereby made for a more particular mates and bounds description. BEING all of Lots 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 and 84 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -A, as shown on plat duly recorded in Plat Book 4, Page 413, MCDowe11 County Registry, reference to which is hereby made for a more particular metes and bounds description. BEING all of Lots 17,18 and 19 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -A, as shown on plat duly recorded in Plat Book 4, Page 414, McDowell. County Registry, reference to which is hereby made for a more particular metes and bounds description. BEING all of Lots 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 16B, 169,170,171, 172, 173, 174, 175, 176, 177 and 178 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -B, as showy, on plat duly recorded in Plat Book 4, Page 415, McDowell County Registry, reference to which is hereby made for a more particular metes and bounds description. BEING Lots 180 181, 182, 183, 184, 185, 1B6, 187, 188 and 189 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE 2-A, as shown on plat thereof duly recorded in Plat Book 5A, Page 45, McDowell County Registry, reference to which is hereby made for a more particular metes and bounds description. BEING all of Lots 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235 and 236 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE 2-A, as shown on plat duly recorded in Plat Book 5A, Page 46, McDowell County Registry, reference to which is hereby made for a more particular metes and bounds description. BEING all of Lots 237, 238 and 239 BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE 2-A, as shown on plat duly recorded in Plat Book 6, Page 9, McDowell County Registry, reference to which is hereby made for a more particular metes and bounds description. ALSO LESS AND EXCEPT, THE FOLLOWING TRACTS: 1. 0.257 acre tract conveyed to Michael A. Hellenthal, Deed Book 618, Page 469. 2. 0.29 acre tract conveyed to Dennis H. Perk, Deed Book 543, Page 431. 3. 0.30 acre tract conveyed to Russell McNutt, Deed Book 655, Page 467. 4. 0.32 acre tract conveyed to Pyatt Construction & Properties, Deed Book 586, Page. 58. 5. 0.35 acre tract conveyed to Joyce B. Nelsons, Trustee, Deed Book 740, Page 827. 6. 1.00 acre tract conveyed to Edward Meyer, Deed Book 896, mage 636. 7. 1.015 acre tract conveyed to Pyatt-Honeycutt Development, Deed Book 547, Page 848. 8. 1..41 acre tract conveyed to Owen Gwyn, Jr., Deed Book 612, Page 567. 9. 1.64 acre tract conveyed to Russell McNutt, Deed Book 467, Page 693. 10. 3.13 acre tract conveyed to Zoccoli Associates Pturp, Deed Book 548, Page 233. 11. 0.325 acre parcel as conveyed in Deed Book 870, Page 918, McDowell County Registry 12. 2.42 acre parcel as conveyed in Deed Book 902, Page 451, McDowell County Registry. 13. 0.529 acre parcel as conveyed in Dead Book 870, Page 920, McDowell County Registry. 10 CRP 1013 463 14. Lot 179, 0.743. ac., Unrecorded Plat; as conveyed to John and Phyllis Johnstone in Deed Book 545, Page 661, McDowell County Registry. 15. Lot 9, as conveyed to Carlos anti Noel Capote in Deed Book 578, Page 853, McDowell County Registry. Less and except the following property: 1. Revised Lot 68, .Linville Falls Club as shown on plat recorded in Plat Book 16, Page 93 and more particularly described in that deed from Coastal. Ventures Group 11, LLC to JV Properties -Linville, LLC recorded on October 29, 2008 in Book CRP 978, Pages 352-•354, McDowell County Register of Deeds. 2. Revised Lot 67, Linville Falls Club as shown on plat recorded in Plat nook i6, Page 93 and more particularly described in that deed from Coastal Ventures Group 11, LLC to JV Properties -Linville, LLC recorded on October 29, 2008 it Book CRP 978, Pages 349-351, McDowell County Register of Deeds. 3. Revised Lot 70, Linville Falls Club as shown on plat recorded in 'Plat Bock 16, Page 93 and more particularly describers in that deed from Coastal Ventures Group II, LLC to J$AT -Linville, LLC recorded on October 29, 2008 in Book CRP 978, Pages 355-357, McDowell. County Register of Deeds. The purpose of this deed is to vest the Grantees with the following interest: ReProp Financial Mortgage Investors, LLC, as a tenant in common of a 63.89% undivided interest; and Diversified Lending Group, Inc., as a tenant in common of a 36.11% undivided interest. Above described property is not the primary residence of the grantor. To Have and to Hold the said !and, together with all the privileges and appurtenances thereunto bnlonginq, unto said Grantee, its successors an: assigns, forever, in as full aIS and ample manner as ryor is authorized and empoweted as Substitute Trustee to convey the same. in Witness Whereof, Gra'_uor, the Sdbstitute Trustee, Of the afor:'said .Deed of frust, has hereunto set hic hand and affixed his se -Ll, the da- aid fear first 4nove-written. mown B7_' - STATE OF NT.ORTH CAROLINA CO'(,T7.,*"-ti OF NIECI4S FZE EURG r:oC7• rc '.�'OL:;:':ctnL' a il; ;i -,a$, _.?�:-G;,SSt.^ b�, merger to Kellam Pettit, P.A. Substitute Trustee michae! E. S'.:ei n sat t 027neV 1, M. Aaron Smith, a Notar, Public of Gastcn County and State w�resaad cer=if• Chat .,.ichael S. Stein perronalFy came before. me this dad-, and i have personal knowledge of the idemity of th6„ principal and acknowledges that he is the Attorney of Rogers -mvn send Thomas, pn WI-r9er to "uiiam & P-ttit, .l't. a North Caro_i-na Corporation and that by authority duly given and as an act at the corporation has voluntarily ianed the foregoing _4=4rumant in itz mare anti on .its 21tG as its act and steed as Substitute Trust -ea. W-TTNESS mwj mans Find nokaz7ial se --I, this day January !9, 2010. '2 P I•iv r-;cmn:issior. ENovE4 ea, 6, 2013 NoT arN, Public: V.. Aar:]I uSmi. t 1, � f „ a a JANE B NiCGEt Register of Deeds Mcdowell County Register of Deeds 21 South Main Street, Suite A w Marion, NORTH CkROLlNA 28752 TLIephone 828-652-4727 a Fax 92"52-1.537 • E -Mail imcgeemcdowell[f'titiesearcher.com /�1 ELL CO 3 *t -t rw+i +we50-tx*t rx*+# *wirrwwt w+*xsxei*#x+ktek}w f4*tkr#a�++we•# }}ylrw Ar�4+#+wYr in Y'X#t} i#'ir ak ,k# -*t* Filed For Regist=ta. w 02/=/201,0 02:53:47 'PM Book: CRP 1013 Page: 453-463 Document NQi : 20100OD534 rJEc.AD. it PGS 25493 00 Raaardor : L114DA C UARWOOD }v*wit#afr•ic•#•w}erw kx:ivir#iiPrr rr+#'rf Y1'i'�Lw+*#sYrve:t+trrrxre ee r¢-�FFii t%#t+a�e+rre x,rt *rM1te#xe. Camra of Ldar&. CaWnlina, County of MCDOW611 Fi_Iad for zaagistratian and IaR y Recorded thin IITEF.r day of i'J HIiC7ARY 2010. JAM Z HUGE -E, REGIS FC OF DZZOS '7�/ J ' bFITIUTY R£GISTEF OF DEEDS twrA.krixttrt�rxx*,.w*++wx*ek'4r}rrttwx*iF+rx'i**ir}.i*i4*fFt*+r*7rwiykeK ix*tw+x ew rte r: -i xx*i t# DO NOT REMOVE! ! _`has certification shut is a vzta1 part of yoar r000xded document. Pl.esso retain with ariginnj documarnt and truiamlt when rex-zacoxdxng. i..