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Home My WebLink AboutSW6190801_DB 10168-245_9/3/2019BIRD I68PGO245 FILED CUMBERLAND COUNTY NC J. LEE WARREN, JR, REGISTER OF„DEEDS FILED Sep 15, 2017 AT 10:36:12 am BOOK 10168 START PAGE 0245 END PAGE 246A INSTRUMENT # 29215 RECORDING $26.00 EXCISE TAX $2,000.00 KSJ NORTH CAROLINA GENERAL WARRANTY DEED THIS FORM IS NOT A "NORTH CAROLINA BAR ASSOCIATION" FORM NO TITLE OPINON OR EXAMINATION PERFORMED BY PREPARER Parcel Identifier Nos.: 0487-71-3848 and 0487-95-6119 Excise Tax: $2,000.00 Prepared by: Richard A. Galt, PLLC, 2533 Raeford Road, Fayetteville, NC 28305 Return after recording to: Richard A. Galt, PLLC, 2533 Raeford Road, Fayetteville, NC 28305 Brief Description for the Index: I"' This Deed made this the i u day of September, 2017 by and between: GRANTOR GARY McMILLAN and wife, KATHY L. McMILLAN Mailing Address: 6569 Maxwell Church Road Stedman, NC 28391 GRANTEE WBM AG, LLC, a North Carolina limited liability company Mailing Address: 1064 71' School Rd. Fayetteville, NC 28314 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Cumberland County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 1�J 68PG0246 The property hereinabove described was acquired by instruments recorded in Book 8833, Page 897 and Book 7918, Page 222; and Book 8947, Page 396 and Book 7747, Page 281. Maps showing the above described property is recorded in Plat Book 132, Page 134 and Book 130, Page 196. All or a portion of the property herein conveyed does not include the primary residence of a Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: zoning ordinances affecting the premises; restrictive covenants, utility easements, permits, rights -of -way as the same may appear of record; and the rights of tenant under that certain unrecorded Lease Agreement dated as of August 8, 2013 (the "American Lease") between Gary F. McMillan and Kathy McMillan, collectively as landlord, and American Towers, LLC; provided, however, that Grantor does not assume any of the rights or obligations of the landlord under the American Lease. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, effective the day and year first above written. (SEAL) tlaqf. McMillan State of North Carolina County of Cumberland I certify that the following person(s) personally appeared before me this day, each acknowledging to me that they voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Gary F. McMillan and Kathy L. McMillan. Dated: 5 t 1 _ L —1 ER�ICCKARID A CALT PUBLICnd CountyCarolina xpires 12-15-202D (N-P, SEAL) 'i Notary Public Printed Name: My commission expires: 2� $+K19168PG0246A EXHIBIT "A" LEGAL DESCRIPTION Tract One: Being all of that 119.33 acre tract shown on the plat entitled "SURVEY FOR GARY F. McMillan" duly recorded in Plat Book 132, Page 134, Cumberland County, North Carolina Registry; LESS AND EXCEPTING from the above -described parcel the following tracts: Being all of Tracts 2, 3, 4, and 5 according to the plat entitled "Correction Map for the Subdivision of Deed Book 8833, Page 897 for Gary McMillan and wife, Kathy L. McMillan" recorded in Plat Book 133, Page 107, Cumberland County Registry. Tract Two: BEING all of that tract identified as "35.68 ACRES AFTER RECOMBINATION" as shown on a plat entitled "SURVEY FOR MCMILLAN FARMS AND WILLIAM HAROLD MATTHEWS" as recorded in Plat Book 130, Page 196, Cumberland County, North Carolina Registry; LESS AND EXCEPTING from the above -referenced tract the following two parcels: Parcel One: A 0.500 acre tract being a portion of property owned by Gary & Kathy McMillan, the 35.68 acre tract as shown on a plat entitled "Survey for McMillan Farms and William Harold Matthews" and recorded in Plat Book 130, Page 196 in the Cumberland County Registry, North Carolina; being bounded on the North and West by the remainder of said 35.68 acre Tract In Plat Book 130, Page 196; being bounded on the East by property now or formerly owned by Robert Johnson and Cora Kelley as described and recorded in Deed Book 7581, Page 60; being bounded on the South by property now or formerly owned by Harry & Edith Parker as shown as Lot 4 on a plat entitled "Zero lot Line McMillan Farms Subdivision" and recorded in Plat Book 127, Page 80 and being more particularly described as follows: BEGINNING at a 5/8-inch rebar found being the northeast corner of property now or formerly owned by Harry & Edith Parker as shown as Lot 4 on a plat entitled "Zero lot line McMillan Farms Subdivision" and recorded in Plat Book 127, Page 80, said rebar also being located on the western line of property now or formerly owned by Robert Johnson and Cora Kelley as described and recorded in Deed Book 7581, Page 60; and running thence with the northern line of said Lot 4 North 79 degrees 50 minutes 12 seconds West 315.07 feet to a 5/8-inch rebar found being the northwest corner of said Lot 4, said rebar also being a corner of property owned by Gary & Kathy McMillan, the 35.68 Acre Tract as shown on a plat entitled Survey for McMillan Farms and William Harold Matthews" and recorded in Plat Book 130, Page 196; thence a new line 30 degrees 00 minutes 40 seconds East 115.92 feet to a set 1/2-inch iron pipe; thence a new line South 64 degrees 30 minutes 22 seconds East 285.92 feet to a 3-inch Iron pipe found being the northwest corner of said Deed Book 7581, Page 60, said iron pipe also being a corner of said Plat Book 130, Page 198; thence with the western line of said Deed Book 7581, Page 60 and an eastern line of said Plat Book 130, Page 196 South 10 degrees 12 minutes 47 seconds West 33.44 feet to the point and place of Beginning containing 21,788.01 square feet, 0.500 acres and being a portion of property owned by Gary & Kathy McMillan, the 35.68 Acre Tract as shown on a plat entitled "Survey for McMillan Farms and William Harold Matthews" and recorded In Plat Book 130, Page 196 in the Cumberland County, North Carolina Registry. Parcel Two: BEING all of Lot 5, containing 2.39 acres, according to a plat entitled "A ZERO LOT LINE DEVELOPMENT SURVEY FOR PATRICK THOMAS PROPERTY OF GARY F. MCMILLAN" as recorded In Plat Book 136, Page 129 Cumberland County, North Carolina Registry.