20170537 Ver 2_Mitigation Conservation Easement_20181029

ID#* 20170537 Version* 2
Select Reviewer:*
Katie Merritt
Mitigation Project Submittal -10/29/2018
Type of Mitigation Project:*
W Stream W Wetlands W Buffer W Nutrient Offset
(Select all that apply)
Is this a Prospectus, Technical Proposal or a New Site? * f Yes r No
Project Contact Information
Contact Name:*
Brad Breslow
Project Information
Existing 20170537
(DWR) (nunbers only no dash)
I D#: *
Project Name:* Hannah Bridge Mitigation Site
County:* Johnston
Document Information
Email Address:*
[e-mail]
Existing 2
Version:* (nunbersonly)
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: Hannah Bridge Plat and Conservation Easement
1.95MB
recorded.pdf
Rease upload only one RDF of the corrplete file that needs to be submtted...
Signature
Print Name:* Brad Breslow
Signature:*

ExciseTax:$RecordingTime,Book and Page
ParcelIdentificationNumber:seeattached
Preparedby and mailafterrecordingto:JasonW.Wenzel,Narron,O'Haleand Whittington,P.A.,PostOfficeBox 1567,
Smithfield,NorthCarolina27577
BRIEF DESCRIPTION FOR THE INDEX:PB 83,PG 431;PB 83,PG 430:PB 85,PG 400
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED ISMADE THIS THE 2""DAY OF MARCH 2018 BY AND AMONG THE FOLLOWING:
GRANTOR:
EBX-NEUSE I,LLC,
A Marylandliabilitycompany
PO Drawer 1475
Kinston,NorthCarolina28503
GRANTEE:
EvelynH.Thompson,widow
2373 Thompson Road
FourOaks,NC 27524
And [astenants-in-common]
Ronald Greg Thompson,married
2373 Thompson Road
FourOaks,NC 27524
The designationGrantorand Granteeas usedhereinshallincludesaidparties,theirheirs,successors,and assigns,and
shallincludesingular,plural,masculine,feminineor neuterasrequiredby context.
WITNESSETH,thattheGrantor,fora valuableconsiderationpaidby theGrantee,thereceiptofwhichishereby
acknowledged,hasand by thesepresentsdoesgrant,bargain,selland conveyuntotheGranteeinfeesimple,allofGrantor's
interestinthoselotsorparcelsoflandsituatedinJohnstonCounty,NorthCarolinaand more particularlydescribedasfollows:
See ExhibitA,suchexhibitbeingattachedheretoand incorporatedhereinby reference.
(NDIU)41.DOC:1)
ThisisnottheprimaryresidenceofGrantor.
TO HAVE AND TO HOLD allofGrantor'sinterestintheaforesaidlotorparceloflandandallprivilegesandappurrenances
theretobelongingtotheGranteeinfeesimple.
And theGrantorcovenantswiththeGrantee,thatGrantorisseizedofthepremisesinfeesimple,hastherighttoconveythesame
infeesimple,thattitleismarketableandfreeand clearofallencumbrances,andthatGrantorwillwarrantanddefendthetitle
againstthelawfulclaimsofallpersonswhomsoeverexceptfortheexceptionshereinafterstated.Titletotheproperty
hereinabovedescribedissubjecttothefollowingexceptions:subjecttoanyandalleasements,rightsofway,andrestrictionsof
record,andad valoremtaxesfor2013andany subsequentorfutureyears.
IN WITNESS WHEREOF,theGrantorhasdulyexecutedtheforegoingasofthedayandyearfirstabovewritten.
EBX-Neuse1,LLC,a anylandlimi labilitycompany
By:/%
NORTH CAROLINA
COO (COUNTY
1,D..4\?,a NotaryPublic,inand forsaidCountyand Statedo certifythat8 .)My .,as
Autherad est ofEBX-Neuse 1,LLC,a Marylandlimitedliabilitycompany,personallyappearedbeforeme thisday
andacknowledgedthedue executionoftheforegoinginstrumenton behalfofthecompany.
Witnessmy handandnotarialseal/stamp,thisA dayof GFA 2018.
NotaryPublic
My Commissionexpires:1()#29/102)
AMANDA D SPEIGHT
NOTARY PUBLIC
LenoirCounty,North Carolina
My CommissionExpiresOct.29,2021
(N0113341.DOC;1)
EXHIBIT A
Property Descriptions
PARCEL ONE:PIN/Tax Identification-08Il3063D (former J &M Hog Farm,Inc.property)
Being allof thatproperty (consistingof 8.791 acres,more or less)as shown on platand survey entitled
"Map forRecord Survey for EBX-Neuse 1,LLC"prepared by Matrix East,PLLS,ProfessionalLand
Surveyors,dated August 8,2016,and recorded in PlatBook 83,page 431,Johnston County Registry.
For titleinformation,see Book 4854,page 202;and Book 1316,page 140,both of the Johnston County
Registry.
PARCEL TWO:
Tract 1:PIN/Tax Identification-08H 3063E (former Earl Benton Johnson,Jr.,and wife,Lois T.Johnson
property)
Being allof Lot 1 (consistingof 2.254 acres,more or less)as shown on platand survey entitled"Map for
Record Survey for EBX-Neuse I,LLC"prepared by Matrix East,PLLC dated 8/8/16,and recorded in Plat
Book 83,page 430,Johnston County Registry.
For titleinformation,see Book 4854,page 197;and Book 1218,page 278,lessand except thatproperty
describedin Book 1316,page 140,allof the Johnston County Registry.
PARCEL THREE:PINffax Identification-08Il3063F (former Earl Benton Johnson,Jr.,and wife,Lois T.
Johnson property)
Being allof Lot 2 (consistingof 1.030 acres,more or less)as shown on platand survey entitled"Map for
Record Survey for EBX-Neuse 1,LLC"prepared by Matrix East,PLLC dated 8/8/16,and recorded in Plat
Book 83,page 430,Johnston County Registry.
For titleinformation,see Book 4854,page 197;and Book 1218,page 278,lessand except thatproperty
describedin Book 1316,page 140,allof the Johnston County Registry.
PARCEL FOUR:PINffax Identification-08Il3059A (former Roy Lee Massengill,and wife,Von A.
Massengill property)
Being allof Tract 1 (consistingof 0.235 acre,more or less)as shown on platand survey entitled"Survey for
EBX-Neuse I,LLC"prepared by Matrix East,PLLC dated June 20,2017,and recorded in PlatBook 85,
page 400,Johnston County Registry.
For chain of title,see Book 5043,page 271,Johnston County Registry.
(Noll3341.DOC:1)
PARCEL FIVE:PIN/Tax Identification-08Il3059B (former Roy Lee Massengill,and wife,Von A.
Massengill property)
Being allof Tract 2 (consistingof 1.114 acres,more or less)as shown on platand survey entitled"Survey
for EBX-Neuse I,LLC"prepared by Matrix East,PLLC dated June 20,2017,and recorded in PlatBook 85,
page 400,Johnston County Registry.
For chain of title,see Book 5043,page 271,Johnston County Registry.
(N0113341.DOC;I}
Filed in JOHNSTON COUNTY, NO CRAIG OLIVE, Register of Deeds Filed 04/30/2018 01:12:17 PMDEED BOOK: 5141 PAGE: 846-862 INSTRUMENT # 2018569046Real Estate Excise Tax: $576.00 Deputy/Assistant Register of Deeds: LaWanda NealExcise Tax: $576.00Prepared by and return to: Jason W. Wenzel, P.O. Box 1567, Smithfield, NC 27577STATE OF NORTH CAROLINAPERMANENT CONSERVATION EASEMENTJOHNSTON COUNTY^JHIS CONSERVATION EASEMENT ("Conservation Easement") made this27 day of April 2018 by and among EVELYN H. THOMPSON, widow, andRONALD GREG THOMPSON, and wife, KELLY P. THOMPSON (collectively,the "Grantor" whether one or more) and THE NORTH CAROLINA WILDLIFEHABITAT FOUNDATION, INC., a North Carolina non-profit corporation with aprincipal ofi&ce location of300 North Greens Street, Greensboro, NC 27429 ("Grantee").The designation Grantor and Grantee as used herein shall include said parties,their heirs, successors and assigns, and shall include singular, plural, masculine,feminine or neuter as required by context.RECITALSWHEREAS, Grantor owns in fee simple certain real property situated, lying andbeing in Johnston County, North Carolina, more particularly described in Exhibit Aattached hereto and incorporated herein (the "Property");WHEREAS, Grantee is a charitable, not-for-profit or educational corporation,association, or trust qualified under § 501(c)(3) and § 170 (h) of the Internal RevenueCode, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include oneor more of the purposes (a) - (d) listed below;(a) retaining or pro^cting natural, scenic, or open-space aspects of realproperty;(b) ensuring the availability of real property for recreational, educational,or open-space use;(c) protecting natural resources;(d) maintaining or enhancing air or water quality.{N0103676.DOCX; 6} 1Submitted electronically by "Narron, o'Hale and whittington PA"in compliance with North Carolina statutes governing recordable documentsanH 1-ho rprmc f\f 1-ho Qiihmirrpr anrppnionr u/irh rho Inhncrnn /"nnnr*/ Don-icror n-F nooHc
DEED B: 5141 P: 847Hannah Bridge Site: Thompson TractsWHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, oraesthetic value of the property in its natural state, \vhich includes the following naturalcommunities: wetlands, streams, and riparian buffers. The purpose of this ConservationEasement is to maintain streams, wetlands and riparian resources and other naturalvalues of approximately 46.212 acres, more or less, and being more particularlydescribed in Exhibit B attached hereto and incorporated fully herein by reference (the"Conservation Easement Area"), and prevent the use or development of theConservation Easement Area for any purpose or in any manner that would conflict withthe maintenance of its natural condition.WHEREAS, the restoration, enhancement and preservation of the ConservationEasement Area is a condition of the approval of the Mitigation Plan for the HannahBridge Mitigation Site, Department of Ae Army (DA) Action ID Number SAW-2015-01799. The Wilmington District Corps of Engineers (Corps) in consultation with theNorth Carolina Interagency Review Team (IRT) has approved the modification of theNeu-Con Umbrella Mitigation Banking Instrument (UMBI), Department of the ArmyAction ID 19910477, to include The Hannah Bridge Mitigation Site. The Hannah BridgeMitigation Site has been approved by the Corps for use as a mitigation bank tocompensate for unavoidable stream and wetland impacts authorized by DA permits.WHEREAS, the restoration, enhancement and preservation of the ConservationEasement Area is also a condition of the approval of the RES Neuse Umbrella BankingInstrument (Res Neuse UMBI) having a North Carolina Division of Water Resources(NCDWR) file number 2016-0978v2 and a Bank Parcel Development Package (BPDP)for the Hannah Bridge Riparian Buffer and Nutrient Offset Mitigation NCDWR ProjectID# 2017-0537v2, which was approved by the NCDWR, and will be made and enteredinto by and between EBX Neuse I, LLC, a Maryland limited liability company ("EBX"),acting as the Bank Sponsor, and the NCDWR. The Hannah Bridge Riparian Buffer andNutrient Offset Site is intended to be used to compensate for riparian buffer and nutrientimpacts to surface waters.WHEREAS, Grantor and Grantee agree that third-party rights of enforcementshall be held by EBX, NCDWR and the Corps (to include any successor agencies)("Third Parties"), and may be exercised through the appropriate enforcement agencies ofthe United States and the State of North Carolina, and that these rights are in addition to,and do not limit, the rights of enforcement under the RES Neuse UMBI NCDWRProject ID# 2016-0978v2, the BPDP NCDWR Project ID# 2017-0537v2 and theDepartment of the Army instrument number SAW-2017-0537, or any permit orcertification issued by the Third Parties.{N0103676.DOCX; 6}
DEED B;5141 P: 848Hannah Bridge Site: Thompson TractsNOW, THEREFORE, for and in consideration of the covenants andrepresentations contained herein and for other good and valuable consideration, thereceipt and legal sufficiency of which is hereby acknowledged. Grantor herebyunconditionally and irrevocably grants and conveys unto Grantee, its heirs, successorsand assigns, forever and in perpetuity a Conservation Easement of the nature andcharacter and to the extent hereinafter set forth, over the Conservation Easement Areadescribed on Exhibit B. together with the right to preserve and protect the conservationvalues thereof, as follows:ARTICLE I.DURATION OF EASEMENTThis Conservation Easement shall be perpetual. This Conservation Easement isan easement in gross, runs with the land and is enforceable by Grantee against Grantor,Grantor*s personal representatives, heirs, successors and assigns, lessees, agents andlicensees.ARTICLE II.PROHIBITED AND RESTRICTED ACTIVITIESAny activity on, or use of, the Conservation Easement Area inconsistent withthe purpose of this Conservation Easement is prohibited. The Conservation EasementArea shall be preserved in its natural condition and restricted from any developmentthat would impair or interfere with the conservation values of the ConservationEasement Area.Without limiting the generality of the foregoing, the following activities and usesare expressly prohibited, restricted or reserved as indicated hereunder:A. Disturbance of Natural Features. Anv change disturbance, alteration orimpairment of the natural features of the Conservation Easement Area or anyintroduction of non-native plants and/or animal species is prohibited.B. Construction. There shall be no constructing or placing of any building,mobile home, asphalt or concrete pavement, billboard or oAer advertising display,antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary orpermanent structure or facility on or above the Conservation Easement Area.C. Industrial. Commercial and Residential Use. Industrial, residential and/orcommercial activities, including any rights of passage for such purposes are prohibited.D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animalhusbandry, and horticultural use of the Conservation Easement Area are prohibited.{N0103676.DOCX; 6}
DEED B: 5141 P: 849Hannah Bridge Site: Thompson TractsE. Vegetation. There shall be no removal, burning, destruction, harming,cutting or mowing of trees, shrubs, or other vegetation in the Conservation EasementArea except as provided in die Mitigation Plan and Bank Parcel Development Plan.Mowing of invasive and herbaceous vegetation for puiposes of enhancing planted orvolunteer trees and shrubs approved in the Mitigation Plan and BPDP is alloAvable oncea year for no more than five consecutive years from the date on page 1 of thisConservation Easement, except where mowing will negatively impact vegetation ordisturb soils. Mowing activities shall only be performed by EBX, its employees andagents and shall not violate any part of Item L of Article II.F. Roads and Trails. There shall be no construction of roads, trails orwalkways on the Conservation Easement Area; nor enlargement or modification toexisting roads, trails or walkways.G. Signage. No signs shall be permitted on or over the ConservationEasement Area, except the posting of no trespassing signs, signs identifying theconservation values of the Conservation Easement Area, signs giving directions orproscribing rules and regulations for the use of the Conservation Easement Area and/orsigns identifying the Grantor as owner of the Conservation Easement Area.H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic orhazardous waste, or any placement of underground or aboveground storage tanks orother materials on the Conservation Easement Area is prohibited.I. Excavation. Dredging or Mineral Use. There shall be no grading, filling,excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,minerals or other materials, and no change in the topography of the land in any manneron the Conservation Easement Area, except to restore natural topography or drainagepatterns. For purposes of restoring and enhancing streams and wetlands within theConservation Easement Area, EBX, its agents or employees is allowed to performgrading, filling, and excavation associated with stream and wetland restoration andenhancement activities as described in the Mitigation Plan and authorized byDepartment of the Army Nationwide Permit 27.J. Water Oualitv and Drainage Pattern. There shall be no diking, draining,dredging, channeling, filling, leveling, pumping, impounding or related activities, oraltering or tampering with water control structures or devices, or disruption or alterationof the restored, enhanced, or created drainage patterns. In addition, diverting or causingor permitting the diversion of surface or underground water into, within or out of theeasement area by any means, removal of wetlands, polluting or discharging into waters,springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.K. Development Rights. No development rights that have been encumberedor extinguished by this Conservation Easement shall be transferred pursuant to atransferable development rights scheme or cluster development arrangement orotherwise.{N0103676.DOCX; 6} 4
DEED B: 5141 P: 850Hannah Bridge Site: Thompson TractsL. Vehicles. The operation of mechanized vehicles, including, but not limitedto, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited other thanfor temporary or occasional access by Grantee and the Third Parties, and their respectiveemployees and agents, successors, and assigns, for purposes of constructing, maintainingand monitoring the restoration, enhancement and preservation of streams, wetlands andriparian areas within the Conservation Easement Area.M. Other Prohibitions. Anv other use of, or activity on, the ConservationEasement Area which is or may become inconsistent with the purposes of this grant, thepreservation of the Conservation Easement Area substantially in its natural condition, orthe protection of its environmental systems, is prohibited.ARTICLE IIIGRANTOR'S RESEVERED RIGHTSThe Grantor expressly reserves for himself, his personal representatives, heirs,successors or assigns, the right to continue the use of the Conservation Easement Areafor all purposes not inconsistent with this Conservation Easement, including, but notlimited to, the right to quiet enjoyment of the Conservation Easement Area, the rights ofingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area,the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, inwhole or in part, provided such sale, transfer or gift conveyance is subject to the termsof, and shall specifically reference, this Conservation Easement.Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, itssuccessors and assigns, including EBX acting as the Bank Sponsor, the right to constructand perform activities related to the restoration, enhancement, and preservation ofstreams, wetlands and riparian areas within the Conservation Easement Area inaccordance with the approved Hannah Bridge Mitigation Plan, the Hannah Bridge BankParcel Development Package, and the two Mitigation Banking Instruments described inthe Recitals of this Conservation Easement.ARTICLE IV.GRANTEE'S RIGHTSThe Grantee and the Third Parties, and their respective authorizedrepresentatives, successors and assigns, shall have a perpetual right to enter the Propertyat reasonable times to undertake any activities to restore, manage, maintain, enhance andmonitor the stream, wetland and riparian resources of the Conservation Easement inaccordance with its construction of the Conservation Easement, restoration activities, orlong term management plan. The Grantee and the Third Parties, and their respectiveauthorized representatives, successors and assigns, shall have the right to enter theProperty and Conservation Easement Area at all reasonable times for the purpose ofinspecting the Conservation Easement Area to determine if the Grantor, or his personalrepresentatives, heirs, successors, or assigns, is complying with the terms, conditions,restrictions, and purposes of this Conservation Easement. The Grantee and the Third{N0103676.DOCX; 6} 5
DEED B:5141 P: 851Hannah Bridge Site: Thompson TractsParties, and their respective authorized representatives, successors and assigns, shall alsohave the right to enter and go upon the Conservation Easement Area for purposes ofmaking scientific or educational observations and studies, and taking samples. Theeasement rights granted herein do not include public access rights.ARTICLE VENFORCEMENT AND REMEDIESA. To accomplish the purposes of this Easement, Grantee and the Third Parties areallowed to prevent any activity on or use of the Conservation Easement Area that isinconsistent with the purposes of this Easement and to require the restoration of suchareas or features of the Conservation Easement Area that may be damaged by suchactivity or use. Upon any breach of the terms of this Conservation Easement by Grantorthat comes to the attention of the Grantee, the Grantee shall notify the Grantor in writingof such breach. The Grantor shall have 30 days after receipt of such notice to correct theconditions constituting such breach. If the breach remains uncured after 30 days, theGrantee may enforce this Conservation Easement by appropriate legal proceedingsincluding damages, injunctive and other relief. Notwithstanding the foregoing, theGrantee reserves the immediate right, without notice, to obtain a temporary restrainingorder, injunctive or other appropriate relief if the breach of the terms of thisConservation Easement is or would irreversibly or otherwise materially impair thebenefits to be derived from this Conservation Easement. The Grantor and Granteeacknowledge that under such circumstances damage to the Grantee would be irreparableand remedies at law will be inadequate. The rights and remedies of the Grantee providedhereunder shall be in addition to, and not in lieu of, all other rights and remediesavailable to Grantee in connection with this Conservation Easement. The costs of abreach, correction or restoration, including the Grantee's expenses, court costs, andattomeys' fees, shall be paid by Grantor, provided Grantor is determined to beresponsible for the breach. TTie Third Parties shall have the same rights and privileges asthe said Grantee to enforce the terms and conditions of this Conservation Easement.B. No failure on the part of the Grantee to enforce any covenant or provisionhereof shall discharge or invalidate such covenant or any other covenant, condition, orprovision hereof or affect the right to Grantee to enforce the same in the event of asubsequent breach or default.C. Nothing contained in this Conservation Easement shall be construed toentitle Grantee to bring any action against Grantor for any injury or change in theConservation Easement Area resulting from causes beyond the Grantor's control,including, without limitation, fire, flood, storm, war, acts of God or third parties, exceptGrantor's lessees or invitees; or from any prudent action taken in good faith by Grantorunder emergency conditions to prevent, abate, or mitigate significant injury to life,damage to property or harm to the Conservation Easement Area resulting from suchcauses.{N0103676.DOCX; 6}
DEEDB; 5141 P: 852Hannah Bridge Site: Thompson TractsARTICLE VIMISCELLANEOUSA. Warranty. Grantor warrants, covenants and represents that it owns theProperty in fee simple, and that Grantor either owns all interests in the Property whichmay be impaired by the granting of this Conservation Easement or that Aere are nooutstanding mortgages, tax liens, encumbrances, or other interests in the Property whichhave not been expressly subordinated to this Conservation Easement. Grantor furtherwarrants that Grantee shall have the use of and enjoy all the benefits derived from andarising out of this Conservation Easement, and that Grantor will warrant and defendtitle to the Property against the claims of all persons.B. Subsequent Transfers. The Grantor agrees to incorporate the terms of thisConservation Easement in any deed or other legal instrument that transfers any interestin all or a portion of the Conservation Easement Area. The Grantor agrees to providewritten notice of such transfer at least sixty (60) days prior to the date of the transfer.The Grantor and Grantee agree that the terms of this Conservation Easement shallsurvive any merger of the fee and easement interests in the Conservation Easement Areaor any portion thereof and shall not be amended, modified or terminated without theprior written consent and approval of the Corps.C. Assignment. The parties recognize and agree that the benefits of thisConservation Easement are in gross and assignable provided, however that the Granteehereby covenants and agrees, that in the event it transfers or assigns this ConservationEasement, the organization receiving the interest will be a qualified holder pursuant to33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3) and § 170 (h) ofthe Internal Revenue Code, and the Grantee further covenants and agrees that the termsof the transfer or assignment will be such that the transferee or assignee will be requiredto continue in perpetuity the conservation purposes described in this document.D. Entire Agreement and Severabilitv. The combined Mitigation BankingInstruments: MBI with corresponding Mitigation Plan, and MBI with correspondingBPDP, and this Conservation Easement sets forth the entire agreement of the partieswith respect to the Conservation Easement and supersedes all prior discussions,negotiations, understandings or agreements relating to the Conservation Easement. Ifany provision is found to be void or unenforceable by a court of competent jurisdiction,the remainder shall continue in full force and effect.E. Obligations of Ownership. Grantor is responsible for any real estate taxes,assessments, fees, or charges levied upon the Property. Grantor shall keep the Propertyfree of any liens or other encumbrances for obligations incurred by Grantor. Granteeshall not be responsible for any costs or liability of any kind related to the ownership,operation, insurance, upkeep, or maintenance of the Property, except as expresslyprovided herein. Nothing herein shall relieve the Grantor of the obligation to comply{N0103676.DOCX; 6} 7
DEED B:5141 P: 853Hannah Bridge Site: Thompson Tractswith federal, state or local laws, regulations and permits that may apply to the exerciseof the Reserved Rights.F. Long-Term Management. Grantor is responsible for all long-termmanagement activities associated with fencing. These activities include the maintenanceand/or replacement of fence structures to ensure the aquatic resource functions withinthe boundaries of the Conservation Easement Area are sustained.G. Extinguishment. In the event that changed conditions render impossiblethe continued use of the Conservation Easement Area for the conservation purposes, thisConservation Easement may only be extinguished, in whole or in part, by judicialproceeding.H. Eminent Domain. Whenever all or part of the Conservation Easement Areais taken in the exercise of eminent domain so as to substantially abrogate the Restrictionsimposed by this Conservation Easement, Grantor and Grantee shall join in appropriateactions at the time of such taking to recover the full value of the taking, and allincidental and direct damages due to the taking.I. Proceeds. This Conservation Easement constitutes a real property interestimmediately vested in Grantee. In the event that all or a portion of the ConservationEasement Area is sold, exchanged, or involuntarily converted following anextinguishment or the exercise of eminent domain. Grantee shall be entitled to the fairmarket value of this Conservation Easement as determined at the time of theextinguishment or condemnation.J. Notification. Any notice, request for approval, or other communicationrequired under this Conservation Easement shall be sent by registered or certified mail,postage prepaid, to the following addresses (or such address as may be hereafterspecified by notice pursuant to this paragraph):To Grantor:Evelyn H. Thompson2373 Thompson RoadFour Oaks, NC 27524Ronald Greg ThompsonKelly P. Thompson2373 Thompson RoadFour Oaks, NC 27524To Grantee;North Carolina Wildlife Habitat Foundation300 North Greene StreetGreensboro, NC 27429{N0103676.DOCX; 6} 8
DEED B:5141 P; 854Hannah Bridge Site: Thompson TractsTo Sponsor:EBX-NeuseI,LLCPost Office Box 1475Kinston, NC 28503To the Corps:US Army Corps of EngineersWilmington District Regulatory Division69 Darlington AvenueWilmington, NC 28403ToNCDEO-DWR;NCDEQ - Division of Water Resources401 & Buffer Permitting Branch1617 Mail Service CenterRaleigh, NC 27699-1601To EBX;EBX-NeuseI,LLCPost Office Box 1475Kinston, NC 28503K. Failure of Grantee. If at any time Grantee is imable or fails to enforce thisConservation Easement, or if Grantee ceases to be a qualified grantee, and if within areasonable period of time after the occurrence of one of these events Grantee fails tomake an assignment pursuant to this Conservation Easement, then the Grantee's interestshall become vested in another qualified grantee in accordance with an appropriateproceeding in a court of competent jurisdiction.L. Amendment. This Conservation Easement may be amended, but only in awriting signed by all parties hereto, and provided such amendment does not affect thequalification of this Conservation Easement or the status of the Grantee under anyapplicable laws, and is consistent with the conservation purposes of this grant.M. Present Condition of the Conservation Easement Area. The wetlands,scenic, resource, environmental, and other natural characteristics of the ConservationEasement Area, and its current use and state of improvement, are described in Section 4of the Mitigation Plan, prepared by Grantor and acknowledged by the Grantor andGrantee to be complete and accurate as of the date hereof. Both Grantor and Granteehave copies of this report. It will be used by the parties to assure that any future changesin the use of the Conservation Easement Area will be consistent with the terms of this{N0103676.DOCX; 6} 9
DEEDB: 5141 P: 855Hannah Bridge Site: Thompson TractsConservation Easement. However, this report is not intended to preclude the use of otherevidence to establish the present condition of the Conservation Easement Area if there isa controversy over its use.TO HAVE AND TO HOLD the said rights and easements perpetually imtoGrantee for the aforesaid purposes.IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal,the day and year first above written.REMANINDER OF PAGE INTENTIONALLY LEFT BLANK;SIGNATURE PAGES TO FOLLOW{N0103676.DOCX; 6} 10
DEED B: 5141 P: 856Hannah Bridge Site: Thompson TractsGRANTOR:By: /Jhd^ U(seal)Evelyn H. Thompson, widowNORTH CAROLINAJoVvnSteA COUNTY1, Lbvi. Phe/p<. . a Notary Public, in and for said County and State docertify that Evelyn H. Thompson, widow, a person known to me or whose identity wasproven by satisfactory evidence, personally appeared before me this day andacknowledged the due execution of the foregoing instrument.Witness my hand and notarial seal/stamp, this Sj^y of April 2018.(—^ Notary rublicMv Commission expires: 6? I M7)(Dl ^' ' 'n-r<5,-,J- c_- ^ ^Signature Page to Thompson Easement]^1, ^ r Hannah Bridge Site^8l\0 oc{N0103676.DOCX; 6} 11
DEED B: 5141 P: 857Hannah Bridge Site: Thompson TractsGRANTOR:By: ^ (seal)Ronald Greg Th6mp^By: IKffiJjuT- (seal)Kelly P. TTiompSnNORTH CAROLINAJotuneWv^ COUNTYI, LPvn t^uC\Cl-€S a Not^ Public, in and for said County and State docertify that Ronald Greg Thompson, and wife, Kelly P. Thompson, persons known to meor whose identities were proven by satisfactory evidence, personally appeared before methis day and acknowledged the due execution of the foregoing instrument.Witness my hand and notarial seal/stamp, this ^l^ay of April 2018., Notary PublicMy Commission expires: b? jyolDOl^^ O T"^ ^^Signature Page to Thompson Easement]: 9 05 = Hannah Bridge Site'A. c-/'■'-StiIOUtO-'.J'"'{N0103676.DOC3<; 6} 12
DEEDB; 5141 P: 858Hannah Bridge Site: Thompson TractsGRANTEE:NORTH CAROLD^ WILDLIFE HABITAT FOUNDATTON, INC.By: ^ (SEAL)Print Name: Gregory A. ErwinPrint Title: ChainminSTATE OF NORTH CAROLINACOUNTY OFa Notary Public, in and for said County andState, do hereby certify that Gregory A. Erwin personally came before me this day andacknowledged that he is the Chairman of the North Carolina Wildlife Habitat Foimdation,Inc., a North Carolina non-profit corporation, and being authorized to do so, executed theforegoing on behalf of the corporation as its act and deed.Witness my hand and notarial seal/stamp, this _2^day of April 2018."Ethe^rA r<. {/pffjuNotary Public rlMy Commission expires:[Signature Page to Thompson Easement]Hannah Bridge Site{N0103676.DOCX; 6} 13
DEED B:5141 P: 859Hannah Bridge Site: Thompson TractsEXHIBIT AParcel One: PIN Number/Tax Identification - 08113126BEGINNING at a stake in the Willie Hockaday line and comer of Lot N.2, and runs South 85degrees 30 minutes East 93 feet to a lightwood stake; thence South 87 degrees 5 minutes East78 feet to the run of Hannah's Creek; thence down the run of said creek as follows: South 51degrees 15 minutes East 100 feet; North 80 degrees 20 minutes East 122 feet; South 44degrees 00 minute East 242 feet; North 65 degrees 15 minutes East 64 feet; South 83 degrees25 minutes East 107 feet; South 55 degrees 20 minutes East 58 feet; South 53 degrees 40minutes East 96.5 feet; South 9 degrees 15 minutes East 71 feet; South 49 degrees 50 minutesEast 139 feet; thence South 60 degrees 20 minutes East 45 feet to a stake in the center of thejunction of Hannah's Creek and Mare Branch; thence up the run of Mare Branch as follows:South 22 degrees 45 minutes West 91 feet; South 77 degrees 05 minutes West 130 feet; South30 degrees 30 minutes West 113.75 feet; South 45 degrees 35 minutes West 73.04 feet; South5 degrees 00 minute West 93 feet; South 60 degrees 00 minute West 35.01 feet; South 48degrees 00 minute West 96.2 feet; South 6 degrees 45 minutes West 96.2 feet; South 21degrees 00 minute West 122.4 feet; South 78 degrees 45 minutes West 77 feet to a lightwoodstake at the junction of Mare Branch and a small branch; thence South 58 degrees 30 minutesWest 73.75 feet to a lightwood stake; thence South 83 degrees 30 minutes West 789 feet to acomer in Tract No. 2; thence North 4 degrees 30 minutes East 1139 feet to a stake; thenceSouth 84 degrees 00 minute East 343 feet to a stake; thence North 6 degrees 35 minutes West196 feet to a stake, the BEGINNING point, and containing 27 acres more or less. This LotNo. 3, allotted to J. R. Marler, Jr., under Special Proceedings No. 2208, as recorded in Clerkof the Superior Court's office, Johnston County, North Carolina.For chain of title, see Book 3633, page 723, Johnston County Registry.Parcel Two:a. Tract One: PIN/Tax Identification - 08I13063F (former Earl Benton Johnson, Jr., andwife, Lois T. Johnson property)Being all of Lot 2 (consisting of 1.030 acres, more or less) as shown on plat andsurvey entitled "Map for Record Survey for EBX-Neuse I, LLC" prepared by Matrix East,PLLC dated 8/8/16, and recorded in Plat Book 83, page 430, Johnston County Registry.For title information, see Book 4854, page 197; and Book 1218, page 278, less and except thatproperty described in Book 1316, page 140, all of the Johnston County Registry.b. Tract Two: PIN/Tax Identification - 08I13059A (former Roy Lee Massengill, andwife. Von A. Massengill property)Being all of Tract 1 (consisting of 0.235 acre, more or less) as shown on plat andsurvey entitled "Survey for EBX-Neuse I, LLC" prepared by Matrix East, PLLC dated June20,2017, and recorded in Plat Book 85, page 400, Johnston County Registry.For chain of title, see Book 5043, page 271, Johnston County Registry.{N0103676.DOCX; 6} 14
DEED B: 5141 P: 860Hannah Bridge Site: Thompson Tractsc. PIN/Tax Identification - 08113059B (former Roy Lee Massengill, and wife. VonA. Massengill property)Being all of Tract 2 (consisting of 1.114 acres, more or less) as shown on plat andsurvey entitled "Survey for EBX-Neuse I, LLC" prepared by Matrix East, PLLC datedJune 20,2017, and recorded in Plat Book 85, page 400, Johnston County Registry,For chain of title, see Book 5043, page 271, Johnston County Registry.Parcel Three: PIN Number/Tax Identification - 08I13005BBEGINNING at a lightwood stake, Willie Hockaday's line and comer of Lot No. 1 andruns thence 85.30 East 514 feet to a stake in Hockaday's line; thence South 6.35 East 196feet to a stake; thence North 84 West 343 feet to a stake; thence South 4.30 West 1,139feet to a stake in the line of Lot #4 and near the path; thence South 83.30 West andcrossing the path 60 feet to a lightwood stake; thence South 52.40 West 700 feet to alightwood st^e comer of Tract No. 1; thence North 4.30 East 518.8 feet to a lightwoodstake; thence South 71 East 250 feet to a lightwood stake in the path; thence North 4.30East 1219.4 feet to a lightwood stake, the BEGINNING point, and containing 10.7 acres,more or less.For title information, see Book 1432, page 212, Johnston County RegistryParcel Foun PIN/Tax Identification - 08I13063E (former Earl Benton Johnson, Jr., andwife, Lois T. Johnson property)Being all of Lot 1 (consisting of 2.254 acres, more or less) as shown on plat andsurvey entitled "Map for Record Survey for EBX-Neuse I, LLC" prepared by Matrix East,PLLC dated 8/8/16, and recorded in Plat Book 83, page 430, Johnston County Registry.For title information, see Book 4854, page 197; and Book 1218, page 278, less and exceptthat property described in Book 1316, page 140, all of the Johnston County Registry.{N0103676.DOCX; 6} 15
DEED B: 5141 P: 861Hannah Bridge Site: Thompson TractsParcel Five: PIN Number/Tax Identification - 08113064BEGINNING at a stake in L. B. Blackman's line and runs thence South 88 East 805 feetto a stake, E. N. Mailer's line and comer; thence South 4 West 83 14 poles to a stake, saidE. N. Mailer's line; thence North 88 degrees West 810 feet to a lightwood knot, KempLee's line; thence North 4 East 85 poles to said iron stake; the beginning point andcontaining 25 acres, more or less, and being the Western half of the fifty (50) acresdescribed in deed (described as second tract) from Dr. J. H. Stanley to J. R. Marler, datedAugust 14,1923, and recorded in Book 125, page 502, Registry of Johnston County, withthe following EXCEPTIONS: FROM THE ABOVE tract of 25 acres is excepted a tractcontaining 13 acres, more or less, described in deed dated December 31,1954, from J. R.Marler, Jr. et als, to Eugene Allen Lee, recorded in Book 525, page 216, of the JohnstonCounty Registry and described by metes and bounds as follows: BEGINNING at a stakeE. N. Mailer's comer, being the southem comer of land described in Book 504, page 539,and thence North 80 degrees West 800.25 feet to a stake; thence North 4 East 800 feet to astake, a new comer, thence South 88 degrees East a new line 800.25 feet to a stake andparallel to the first line, a new comer, thence South 4 West 800 feet to a stake, thebeginning comer, containing 13 acres, more or less.For chain of title, see Book 4965 page 936, Johnston County Registry.Parcel Six: PIN/Tax Identification - 08I13063D (former J & M Hog Farm, Inc. property)Being all of that property (consisting of 8.791 acres, more or less) as shown on plat andsurvey entitled "Map for Record Survey for EBX-Neuse 1, LLC" prepared by MatrixEast, PLLS, Professional Land Surveyors, dated August 8,2016, and recorded in PlatBook 83, page 431, Johnston County Registry.For title information, see Book 4854, page 202; and Book 1316, page 140, both of theJohnston Coimty Registry.See also Book 5118, page 918; Book 5118, page 922; and Book 5118, page 927, all of theJohnston County Registry.{N0103676.DOCX; 6} 16
DEED B: 5141 P; 862 END OF DOCUMENTHannah Bridge Site: Thompson TractsEXHIBIT BTO PERMANENT CONSERVATION EASEMENT by and amongEVELYN H. THOMPSON, widow, and RONALD GREG THOMPSON, and wife,KELLY P. THOMPSON ('^Grantof) and THE NORTH CAROLINA WILDLIFEHABITAT FOUNDATION, INC., a North Carolina non-profit corporation ("Grantee"),dated tiie day of April 2018.^'Conservation Easement Property"Being all of that 46.212 acres, more or less, and being more particularlydescribed as being: Area 1, consisting of2.087 acres, more or less; Area 2,consisting of3.077 acres, more or less; Area 3, consisting of4.987 acres, more orless; Area 4, consisting of34.658 acres, more or less; and Area 5, consisting of1.403 acres, more or less, all as shown on Sheets 1 through 4 of a plat entitled"Conservation Easement Survey for EBX-NEUSE I, LLC" of the Hannah BridgeSite, dated July 14,2017, as drawn by Christopher K. Paderick, PLS, of MatrixEast, PLLC, Professional Land Surveyors, and recorded in Plat Book 86, pages440,441,442, and 443, all of the Johnston County Registry.{N0103676.DOCX; 6} 17