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HomeMy WebLinkAboutSW8881205_Historical File_20151020October 19, 2015 Linda Lewis Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext. Wilmington, NC , 29405 Dear Ms. Lewis CAPE FEAR CO-MMERC! rl L e ECEIVE OCT 202015 BY: SW �2 12 '7 Vie 0ina(( zff;2r�ink` The Atrium at Landfall Condominium unit Owners Association, Inc has entered into a contract with Rainstorm Solutions, LLC for the maintenance of the retention pond at The Atrium at Landfall. Part of this contract is an agreement that due to budget constraints Rainstorm Solutions will remove trees and establish grass on the pond banks with each visit. We expect this to be completed within the next 6 months per your request in order to complete the permit transfer. Sincerely, Ken Herr President of the Board Atrium at Landfall, UOA 1051 Military Cutoff Road • Suite 200 • Wilmington, NC 28405 • (910) 344.1000 • (910) 344.1029 fax wnr meapefearcommercial.com Lewis,Linda From: Lewis,Linda Sent: Tuesday, September 29, 2015 12:39 PM To: Leah Cox Subject: The Atrium S�JAig 8812n5 Leah: I reinspected the site on September 10, 2015. 1 met Mike Heath with Rainstorm Solutions over there and he provided a lot of information. I would like for that information to be written down and provided in letter format as the permittee's official response to the original inspection. A lot of good things were happening, but the pond is still not compliant enough in its current condition to transfer it. However, if the proposed permittee, Atrium at Landfall Office Condominium Unit Owners Association, Inc. will agree (in writing) to be responsible for completing the remaining maintenance items, then I can transfer the permit. The remaining maintenance items include: 1. Remove trees on the banks of the pond; 2. Stabilize the slopes by sodding with actual grass. Right now, the slopes have no stabilization other than pinestraw and leaf litter. Please forward this to Mr. Kenneth Herr and get his agreement to complete these remaining maintenance items. If the COA doesn't agree to it, then compliance will fall back to Mr. Hansberry. Once Mr. Hansberry restores the pond, the COA will become the prmittee. Thanks, Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Main Office — 910-796-7215 Direct Line — 910-796-7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Lewis,Linda Sent: Wednesday, July 22, 2015 3:02 PM To: 'Leah Cox' Subject: RE: State Storm -water Permit varne/Ownership Change Form Hey Leah: Sorry I didn't get back to you earlier. Unfortunately, the name/ownership change form I currently have on file was signed by Kenneth Herr as the President of the COA Board. Therefore, his name and title still need to go on page 1 of the form in Sections 11.2 and 11.3. The mailing address (Section 11.4) should be c/o Leah Cox, Cape Fear Commercial,1051 Military Cutoff Road, etc. Linda From: Leah Cox[mailto:Ieah(Ocapefearcommercial.com] Sent: Wednesday, July 15, 2015 3:42 PM To: Lewis,Linda Subject: State Stormwater Permit Name/Ownership Change Form Linda, See attached. Page 1 listing me as signing official & our office as mailing address. Hopefully I got this one right on the first try! ;) Let me know if I need to do anything else. Leah Cox Fussell Agm .�C,APEFEAR 1051 Military Cutoff Road, Suite 200 Wilmington, NC 28405 910.3441000 (main) 910.344.1013 (direct) 910.344.1033 (fax) leah@caRefearcommercial.com www.oRefearcommercial.com Per NC Real Estate Law, we ask you to review "Working with Real Estate Agents ", or if this is a lease transaction, "ftrkiw with Real Estate Agents !Lease Transaction ". After you have reviewed the applicable publication, please schedule a meeting with us to discuss the contents of the publication. CONFIDENTIALITY STATEMENT This email transmission contains information from Cape Fear Commercial, LLC., which is privileged and confidential. It is intended only for the use of the addressee(s) shown above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of such information is strictly prohibited. If you have received this e-mail in error, please immediately notify us by reply e-mail or telephone (collect call accepted). Thank you. 1111 2 itiII111111 FOR REGISTRATION REGISTER OF DEEDS NEWRHRNOVE1 p surlTYH NC BK:511554 PGG:&22-6724FEE:$161.00 1011PPf hl l 1217112631 NORTH CAROLINA NEW HANOVER COUNTY DECLARATION OF CONDOA11NIUM FOR ATRIUM AT LANDFALL OFFICE CONDOMINIUM THIS DECLARATION and the exhibits which are attached hereto and made a part hereto by this reference are made and executed this 14th day of March, 2007, by THE HANSBERRY CORPORATION, a North Carolina Corporation, hereinafter called the "Declarant', for itself, its successors, grantees and assigns, pursuant to the provisions of the North Carolina Condominium Act (N.C.G.S. Chapter 47C)(the "Act' WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of a certain tract of real property (the "Property") situated in NEW HANOVER County, North Carolina, more particularly described or. Exhibit "A' attached hereto and made a part hereof, together with all improvements now or hereafter constructed or located dierean, and all rights, privileges, easements and appurtenances belonging to or in any way pertaining to said real property; and WHEREAS, the Declarant desires to submit all of the property described on Exhibit "A" to the Act. NOW, THEREFORE, the Declarant, as the owner of the property, hereby declares as follows: ARTICLE I IN WITNESS WHEREOF, the foregoing By -Laws were adopted as the By -Laws of Atrium at Landfall Office Condominium Unit Owners Association, Inc., at the first meeting of the Board of Directors on the 14th day of March, 2007. (SEAL.) ATRIUM AT LANDFALL OFFICE CONDOMINIUM RULES AND REGUALTION Adopted March 14, 2007 THE MEMBERS OF ATRIUM AT LANDFALL OFFICE CONDOMINIUM WELCOME YOU TO THE CONDOMINIUM. IN ORDER TO KEEP THE CONDOMINIUMS OPERATING AND LOOKING THEIR BEST, THE BOARD OF DIRECTORS REQUESTS THAT YOU AND YOUR GUESTS, TENANTS, AND OTHER -USERS OF YOUR CONDOMINIUM FOLLOW THE RULES AND REGULATIONS LISTED BELOW. THESE RULES ARE CONSISTENT WrM THOSE OUTLINED IN THE DECLARATION OF CONDOMINIUM OF ATRIUM AT LANDFALL OFFICE CONDOMINIUM AND HAVE BEEN ADOPTED BY THE ASSOCIATION AS PROVIDE IN THE DECLARATION OF CONDOMINIUM. A. No exterior of any Unit shah be decorated or modified by any owner in any manner without prior consent of the Board of Directors. B. No articles of personal property shall be allowed to stand in any of the common areas without consent of the Board of Directors. C. No owner or occupant shall make or permit any noises that will disturb or annoy the occupants of any of the Units in the condominium or do or permit anything to be done which will interfere with the rights, business or convenience of other owners. D. Each owner or occupant shall keep such owner's Unit in a good state of preservation and cleanliness and shall not sweep or throw or permit anything to be swept or thrown therefrom, or from the doors or windows thereof. DESCRIPTION BEING ALL of Lot 2, Section III, Landfall Center Subdivision, recorded in Man Book 28 at Page 171 and Map Book 29, Page 54, in the Office of the Register of Deeds of New Hanover County. eY ° a e I g a 4 E 11i "9 a _ I -----------'�— ppp u x� —I = �— _ -------------------- ° 9 ac � a � I i �' IJ w FL IL Y � 0�= I x # !!s o N= I � I r I . 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Amount 1 of 2 http://etax.nhcgov.con/DaWets/PrintDatalet.aspx?pin=RO5612-009-008-005&gsp=SALE... 7/ 14/2015 v New Hanover County Page 1 of 1 PARID:R05612-009-008-001 ATRIUM OFFICE LLC Sales Sale Date Sale Price Grantee Grantor 20-APR-11 ATRIUM OFFICE LLC ATRIUM CENTER LLC 21-DEC-07 ATRIUM OFFICE LLC ATRIUM OFFICE LLC 01-NOV-07 ATRIUM OFFICE LLC HANSBERRY CORPORATION THE 03-OCT-07 $950,000 ATRIUM OFFICE LLC HANSBERRY CORPORATION THE Sale Details Sale Date 20-APR-11 Sale Key 461275 Sale Price Grantee ATRIUM OFFICE LLC Grantor ATRIUM CENTER LLC Sale Source - Book 5558 Page 1808 Sale Validity U-Unqualified Sale Type IMPROVED Sale Flag STEB C Instrument # Instrument Type Deed of Correction Adj. Reason Adj. Price Adj. Amount 1410 COMMONWEALTH DR Book Page Sale Key 5558 1808 461275 5262 2643 428680 5247 0579 426420 5238 0239 425535 1 of 4 http://etax.nhcgov.com/DataletsIPrintDatalet.aspx?pin=RO5 612-009-008-001 &gsp=SALE... 7/ 14/2015 in New Hanover County Page 1 of 1 PARID:R05612-009-008-004 SHANLEY SONJA M MD Sales Sale Date Sale Price Grantee Grantor 01-MAR-13 $217,500 SHANLEY SONJA M MD NORTH STATE BANK 02-SEP-11 $246,000 NORTH STATE BANK WRIGHT SMITH CO INC 07-NOV-07 $525,000 WRIGHT SMITH CO INC HANSBERRY CORPORATION THE Sale Details Sale Date 01-MAR-13 Sale Key 482545 Sale Price $217,500.00 Grantee SHANLEY SONJA M MD Grantor NORTH STATE BANK Sale Source D-Deed Stamps (Unverified) Book 5716 Page 1090 Sale Validity B-Bank Post Foreclosure Sale Type IMPROVED Sale Flag STEB Instrument # Instrument Type Special Warranty Adj. Reason Adj. Price 217500 Adj. Amount 1410 COMMONWEALTH DR Book Page Sale Key 5716 1090 482545 5584 0531 465136 5249 0202 440039 1 of 3 http://etax.nhcgov.com/DaWetsIPrintDatalet.aspx?pin=RO5612-009-008-004&gsp=SALE... 7/14/2015 I New Hanover County Page 1 of 1 PARID:R09612-009-008-009 TOLL INVESTMENT GROUP LLC 1410 COMMONWEALTH DR Sales Sale Date Sale Price Grantee Grantor Book Page Sale Key 08-JUL-08 $143,000 TOLL INVESTMENT GROUP LLC HANSBERRY CORPORATION THE 5329 2359 434763 17-JUL-07 $275,000 TOLL INVESTMENT GROUP LLC HANSBERRY CORPORATION THE 5208 2127 422796 Sale Details 1 of 2 Sale Date 08-JUL-08 Sale Key 434763 Sale Price $143,000.00 Grantee TOLL INVESTMENT GROUP LLC Grantor HANSBERRY CORPORATION THE Sale Source - Book 5329 Page 2359 Sale Validity U-Unqualified Sale Type IMPROVED Sale Flag STEB E Instrument # Instrument Type Warranty Deed Adj. Reason Adj. Price Adj. 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Box 3169 Kinston, NC 28502 Property was not Grantor's primary residence NORTH CAROLINA DEED IN LIEU OF FORECLOSURE NEW HANOVER COUNTY Tax Stamps: $7,320.00 I Parcel No.: R-05612-009-008-002 R-05612-009-008-003 R-05612-009-008-005 R-05612-009-008-006 R-05612-009-008-007 R-05612-009-008-008 R-05612-009-008-010 THIS DEED, made this 30th day of June, 2014, by and between TEDS ENTERPRISES, INC., formerly known as The Hansberry Corp., a North Carolina corporation having its principal office at 1410 Commonwealth Drive, Suite 201, Wilmington, NC 28403, Grantor, to NOBLE OPPORTUNITY FUND I, LP, a Pennsylvania 'Limited partnership with its mailing address at 100 S. 7th Street, Akron, PA 17501, Grantee; W I T N E S S E T H: THAT WHEREAS, TEDS Enterprises, Inc. heretofore executed and delivered to Park Sterling Bank a promissory note secured by a deed of trust recorded in Book 5271, Page 2321, New Hanover County Registry; and, WHEREAS, Park Sterling Bank assigned all of its right, title and interest in said deed of trust to Grantee by instrument duly recorded in Book 5807, gage 812, New Hanover county Registry; and, WHEREAS, there has been a default under the provisions of the aforesaid note and deed of trust; and, WHEREAS, Grantor has acknowledged unto Grantee as follows: 1. Grantee is the owner and holder of the note and deed of trust identified above; 2. Said note and deed of trust evidence and secure a valid indebtedness to Grantee; 3. Said deed of trust gives Grantee the right to call upon the Trustee named therein to foreclose in the event of default; 4. Default under the terms of said note and deed of trust has occurred; 5. There is no valid defense to the foreclosure of said deed of trust; and, WHEREAS, Grantor has requested that Grantee accept an absolute deed in lieu of foreclosure in full satisfaction and discharge of the indebtedness evidenced by the aforesaid note and secured by the aforesaid deed of trust, and Grantee has agreed to do so. NOW, THEREFORE, for and in consideration of the premises and for and in consideration of the additional sum of One Dollar ($1.00) and other good and valuable consideration to Grantor paid by Grantee, the receipt of which is hereby acknowledged, Grantor has bargained, sold, and by these presents does bargain, sell, and convey to Grantee, its successors and assigns, those certain tracts or parcels of land located in New Hanover County, North Carolina, and more particularly described as follows: K BEING A UNIT OF OWNERSHIP IN REAL PROPERTY UNDER AND PURSUANT TO CHAPTER 47-C of the North Carolina General Statutes, entitled 'UNIT OWNERSHIP ACT" aiiu iyaing moire specifically described as all of Units 102R, 103, 105, 201, 202, 203R, 204 ATRIUM AT LANDFALL OFFICE CONDOMINIUM, a condominium project situated upon real property located with the Court of New Hanover and State of North Carolina, as said real property is described in the "DECLARATION OF CONDOMINIUM", recorded in Book 5154 at Page 622, New Hanover County Registry, as amended from time to time, reference to which is hereby made for a more complete description thereof; said Units 102R, 103, 105, 201, 202, 203R & 204 also being more specifically described by reference to and shown on that set of plan of ATRIUM AT LANDFALL OFFICE CONDOMINIUM, which is recorded in Condominium Plat Book 17 at Page(s) 229- 232, in the Office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more complete description thereof. TOGETHER WITH all appurtenances thereto belonging, including, but not limited to, the undivided interest in the common areas and facilities of ATRIUM AT LANDFALL OFFICE CONDOMINIUM, all Phases, appurtenant to said units as the same is established in said DECLARATION, or the supplements thereto; and TOGETHER WITH AND SUBJECT TO all rights, privileges, easements, obligations, restrictions, covenants and conditions applicable and appurtenant to said Units, specifically, and to unit ownership in ATRIUM AT LANDFALL OFFICE CONDOMINIUM, in general, as the same are stated in said DECLARATION, referred to hereinabove, as amended from time to time. TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging unto Grantee, its successors and assigns in fee simple forever. 3 Grantor does covenant that it is seized of the aforesaid premises in fee and has the right to convey same in fee simple; that the same are free and clear of all encumbrances, and that Grantor will warrant and defend the title to the same against the claims of all persons whomsoever. Grantor does hereby agree that this Deed conveys absolute fee simple title in and to the above described property, including any right or equity of redemption in and to the same and that by the execution of this Deed in Lieu of Foreclosure, Grantor knowingly and willfully waives any and all due process rights, whether substantive or procedural, in regard to any .and all issues, defenses, and other matters which could have been raised in any action brought for foreclosure of the aforesaid Deed of Trust. Further, all parties to this conveyance do hereby agree as follows: 1. This Deed is an absolute Deed in Lieu of Foreclosure and is delivered by Grantor to Grantee and accepted by Grantee in full satisfaction and discharge of the indebtedness evidenced by the aforesaid note and secured by the aforesaid deed of trust; and, 2. Upon delivery and recordation of this Deed in Lieu of Foreclosure, the aforesaid deed of trust shall be appropriately cancelled of record; and, 3. Simultaneous with the delivery of this Deed in Lieu of Foreclosure, Grantor has surrendered possession of the property herein described and conveyed to Grantee, and possession thereof is hereby accepted by Grantee; and, 4. it is understood, agreed and hereby acknowledged that other than as set forth herein, there are no agreements (either recorded or unrecorded, written or unwritten) between the parties hereto as to the property herein described and conveyed or as to any proceeds arising from this transaction or any future sale or other transaction of said property by Grantee. 4 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 IN TESTIMONY WHEREOF, the undersigned have g11r trre executed . �W�*iNment as by law provided- TEDS '•.,� TEDS ENTERPRISES, INC., formerly ATE -� = known as The Hansberry Corp. • Ca r" : •.,�� ��•` Scott P aHansblerryTX-e-sident ATTEST* �rr��rnl � (CORPORATE SEAL) Deborah A. Hansberry, Sec NORTH CAROLINA --Now- Ka---mer COUNTY I, flan M. Solana , Notary Public, certify that DEBORAH A. HANSBERRY, being personally known to me or identified by satisfactory evidence, personally came before me this day and acknowledged that she is the Secretary of TEDS ENTERPRISES, INC., formerly known as The Hansberry Corp., a North Carolina corporation, and that by the authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by herself as its Secretary. o It'.I.. Witness my hand and official seal or .3hday of June , 20 14. (OFFICIAL SEAL) My commission expires: 5/30/2019 5.� WEM\rnb #1 - - 111962-00004 5 t o. 2007048922 FOR REGISTRATION RESISTER OF OEEOS N� EWFWVOVERP'SMITH 2007 OCT 03 10T64 RM BK:52N PUM-242 FEE:S122.81 NC REV 6TI'1MP:S1,B00,00 IOU # NOW RETURNED TO PREPARED BY: Alan M. Solana, 213 N. 2"" Street, Wilmington, NC 28401 NORTH CAROLINA PART OF PARCEL #:5612-09-006-ODO NEW HANOVER COUNTY EXCISE TAX: $- 1p 00 A-09 WARRANTY DEED THIS DEED, made this C of October, 2007 by and between, THE HAN55ERRY CORPORATION, a North Carolina Corporation, whether one or more, called GRANTOR, c7Cq and ATRIUM-EEN R, LLC, whose mailing address Is 111 MacKenan Drive, Cary, NC 27511, whether one or more, called GRANTEE. WITNE55ETH THAT The GRANTOR, for and in consideration of the sum of Ten Dollars ($10..00) and other valuable considerations to it in hand paid by the GRANTEE, the recelpt whereof is hereby acknowledged, have bargalned and sold, and by these presents do hereby bargain, sell and convey unto GRANTEE, their heirs, Successors and assigns forever, all that certain real property located in New Hanover County, North Carolina, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE, 51,15JECT TO 2007 ad valorem real property taxes, Applicable restrictions and easements of record; All local, county, state and federal laws and regulations relative to zoning, occupancy, subdivision, usage, construction and development of the described property. TO HAVE AND TO HOLD the above granted and described property, together with all and Singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, their heirs, 5uecessor5 and assigns, in fee simple forever. And the GRANTOR, for themselves, its heirs, executors and administrators, do covenant to and with the said GRANTEE, their heirs, 5uece55or5 and assigns, that it is seized in fee of the above granted and described property, that it has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances. except those mentioned above: and that it will and Its heirs, executors, administrators and successors shall warrant and defend the title to the same against the lawful claims and demands of any and persons whomsoever. IN TE5TIMONY WHEREOF, the said GRANTOR has hereunto set its hand and seal as of the day and year first above written. THE HAN613ERKY CORPORATION A North Carolina corporation gy; (SEAL) R-M-1 Fl- President STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER I, the undersigned, a Notary Public in and for the State and County aforesaid, do hereby certify that Scott P. Hanoberry, personally known to me or known to me, by presentation of his/her North Carolina Driver's License, personally appeared before me this day and acknowledged that he/she is the President of The Hansber►y Corporation, a North Carolina Corporation, and that by the authority duly given and as an act of said corporation the foregoing instrument war, duly and voluntarily blgned in its name by him/her as its President. Witness my hand and official seal this ---91 day Notary Public • �����\OI'�p{NfTj���i�i . Notar)(s Printed or Typed Name: MlN,-I'r ^ W 6 M Commission Expires; y p nuum�u.. 3j':;1)a00$' EXHIBIT "A" BEING A UNIT OF OWNERSHIP IN REAL PROPERTY UNDER PkND PURSUANT TO CHAPTER 47-C of the North Carolina General Statutes, entitled "UNIT OWNERSHIP ACT" and being more specifically described as all of Unit 101 , ATRIUM AT LANDFALL OFFICE CONDOMINIUM, a condominium project situated upon real property located with the County of New Hanover and State of North Carolina, as said real property is described in the "DECLARATION OF CONDOMINIUM", recorded in Book 5154 at Page 622, New Hanover County Registry, reference to which is hereby made for a more complete description thereof; said UNIT 101 also being more specifically described by reference to and shown on that set of plans of ATRIUM AT LANDFALL OFFICE CONDOMINIUM, which is recorded in Condominium Plat Book 16 at Pages 381-384, in the Office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more complete description thereof. TOGETHER WITH all appurtenances thereto belonging, including, but not limited to, the undivided interest in the common areas and facilities of ATRIUM AT LANDFALL OFFICE CONDOMINIUM, all Phases, appurtenant to said units as the same is established in said DECLARATION, or the supplements thereto; and TOGETHER WITH AND SUBJECT TO all rights, privileges, easements, obligations, restrictions, covenants and conditions applicable and appurtenant to said Units, specifically, and to unit ownership in ATRIUM AT LANDFALL OFFICE CONDOMINIUM, in general, as the same are stated in said DECLARATION, referred to hereinabove. PREPARED 13Y. Alan M. Solana, 215 N. 2"' Street, Wilmington, NC 2W1 m NORTH CAROLINA PARCEL #: e{, 2f NEW HANOVER COUNTY EXC15E TAX: $ 1 b5 b WARRANTY DEED TH15 DEED, made this 6th of November, 2007 by and between, THE HAN13DERRY CORPORATION, a North Carolina Corporation, whether one or more, called GRANTOR, and WRIGHT SMITH CO., INC., whose mailing address is (Onh Wna4w, lie hyt. O whether one or more, called GRANTEE. WITNE55ETH THAT - The GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEE, their heirs, successors and assigns forever, all that certain real property located in New Hanover County, North Carolina, described as follows: 5EE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE, SUBJECT TO 2007 ad valorem real property taxes; Applicable restrictions and easements of record. Ail local, county, state and federal laws and regulations relative to zoning, occupancy, subdivision, usage, construction and development of the described property. TO HAVE AND TO HOLD the above granted and described property, together with all ROM nd"• g•D'mksJf. and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, their heirs, successors and assigns, in fee simple forever. And the GRANTOR, for themselves, its heirs, executors and administrators, do covenant to and with the said GRANTEE, their heirs, successors and assigns, that it Is seized in fee of the above granted and described property; that it has good right to sell and convey the same in fee simple; that the same is free and clearfrom any and all restrictions, easements or encumbrances, except those mentioned above; and that it will and its heirs, executors, administrators and successors shall warrant and defend the title to the same against the lawful claims and demands of any and persons whomsoever. IN TE5TIMIONY WHEREOF, the said GRANTOR has hereunto set its hand and seal as of the day and year first above written. THE HAN515ERRY CORPORATION A North Carolina corporation President STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER I, the undersigned, a Notary Public in and for the State and County aforesaid, do hereby terrify that Scott P. Hansberry, personally known to me or known to me by presentation of hia/her North Carolina Driver's License, personally appeared before me this day and acknowledged that he/she Is the President of The Hanebery Corporation, a North Carolina Corporation, and that by the authority duly given and as an act of said corporation the foregoing instrument was duly and voluntarily signed in its name by him/her as its President. Witness my hand and official seal this U day of November, 2007. � No�ta�Iulli, / Notary's Printed or Typed Name- I P l r-AfIk N. 1 rre, My Gommisaion Expires: �/O17 /�� mac, EXHIBIT "A" BEING; A UNIT OF O-WAERSHIP IN REAL PROPERTY UNDER AND PURSUANT TO CHAPTER 47-C of the North Carolina General Statutes, entitled "UNIT OWNERSHIP ACT4P and being more specifically described as all of Unit 104R , ATRIUM AT LANDFALL OFFICE CONDOMINIUM, a condominium project situated upon real property located with the County of New Hanover and State of North Carolina, as said real property is described in the `DECLARATION OF CONDOMINIUM", recorded in Book 5154 at Page 622, New Hanover County Registry, as Amended, reference to which is hereby made for a more complete description thereof; said UNIT 104R also being more specifically described by reference to and shown on that set of plans of ATRIUM AT LANDFALL OFFICE CONDOMINIUM, which is recorded in Condominium Plat Book 17 at Page(s) 186-188, in the Office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more complete description thereof. TOGETHER WITH all appurtenances thereto belonging, including, but not limited to, the undivided interest in the common areas and facilities of ATRIUM AT LANDFALL OFFICE CONDOMINIUM, all Phases, appurtenant to said units as the same is established in said DECLARATION, or the supplements thereto; and TOGETHER WITH AND SUBJECT TO all rights, privileges, easements, obligations, restrictions, covenants and conditions applicable and appurtenant to said Units, specifically, and to unit ownership in ATRIUM AT LANDFALL OFFICE CONDOMINIUM, in general, as the same are stated in said DECLARATION, referred to hereinabove. 'J O 28963 �'ilii ur mu riu � m iii RMRNED Tg FGR REGI6TRRTION REGISTER OF OE-5REBBCCR P. SMITH NEN HANOVER CGL'NTY, NC 2N8 JUL 08 01:54:30 r0 8K:5329 PG:2359-k I E:S20.90 K REV STAMP: $286. 00 11TRE # 20M3 NOTE: NO TITLE EXAM REQUESTED OR PREPARED. PREPARED BY: Alan M. Solana, 219 N. 2n° 5treet, Wilmington, NC 28401 NORTH CAROLINA PARCEL #: AO 661 L. NEW HANOVER COUNTY EXCI5E TAX: $ D WARRANTY DEED THI5 DEED, made this A of June, 2008 by and between, THE HAN515ERRY CORPORATION, a North Carolina Corporation, whether one or more, called GRANTOR, and TOLL INVESTMENT GROUP, LLC, whose mailing address is 0 CP'-1"Wb% bor"114k Lir,- S+c 2ef whether one or more, called GRANTEE. 1.• ttw.>, ���.� g at Z g q WITNESSETH THAT The GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEE, their heirs, successors and assigns forever, all that certain real property located in New Hanover Courriy, North Caroiina, described as foiiows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. 5U13JECT TO 2008 ad valorem real property taxes: Applicable restrictions and easements of record; All local, county, state and federal laws and regulations relative to zoning, occupancy, subdivision, usage, construction and development of the described property. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, their heirs, successors and assigns, in fee simple forever. And the GRANTOR; for themselves, its heirs, executory and administrators, do covenant to and with the said GRANTEE, their heirs, successors and assigns, that it is seized In fee of the above granted and described property; that it has good right to yell and convey the same in fee simple, that the same is free and clear from any and all restrictions, easements or encumbrances, except those mentioned above; and that it will and its heirs, executors, administrators and successors shall warrant and defend the title to the same against the lawful claims and demands of any and persons whomsoever. IN TE5TIMONY WHEREOF, the said GRANTOR has hereunto set its hand and seal as of the day and year first above written. THE HAN515ERRY CORPORATION A North Carolina corporation - M- , 5TATE OF NORTH CAKOLINA, COUNTY OF NEW HANOVER I, the undersigned, a Notary Public in and for the State and County aforesaid, do hereby certifythat Scott P. Hansberry, personally known to me or known to me by presentation of his/her North Carolina Driver's License, personally appeared before me this day and acknowledged that he/she is the President of The Hansberry Corporation, a North Carolina Corporation, and the authority duly given and as an act of said corporation the foregoing instrument w r0AA voluntarily signed in its name by him/her as its President. :� Rr Witness my hand and official seal this A dy of ne, 2005. _� NR�yBV�C Notary Public Notary's Printed or Typed Name: My Commisslon Expires: 3k3 EXHIBIT "A" BEING A UNIT OF OWNERSHIP IN REAL PROPERTY UNDER AND PURSUANT TO CHAPTER 47-C of .the North Carolina General Statutes, entitled "UNIT OWNERSHIP ACT" and being more specifically described as all of Unit 205R-2 ATRIUM AT LANDFALL OFFICE CONDOMINIUM, a condominium project situated upon real property located with the County of New Hanover and State of North Carolina, as said real property is described in the "DECLARATION OF CONDOMINIUM", recorded in Book 5154 at Page 622, New Hanover County Registry, as amended from time to time, reference to which is hereby made for a more complete description thereof; said UNIT 205R-2 also being more specifically described by reference to and shown on that set of plans of ATRIUM AT LANDFALL OFFICE CONDOMINIUM, which is recorded in Condominium Plat Book 17 at Page(s) 375-377, in the Office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more complete description thereof. TOGETHER WITH all appurtenances thereto belonging, including, but not limited to, the undivided interest in the common areas and facilities of ATRIUM AT LANDFALL OFFICE CONDOMINIUM, all Phases, appurtenant to said units as the same is established in said DECLARATION, or the supplements thereto; and TOGETHER WITH AND SUBJECT TO all rights, privileges, easements, obligations, restrictions, covenants and conditions applicable and appurtenant to said Units, specifically, and to unit ownership in ATRIUM AT LANDFALL OFFICE CONDOMINIUM, in general, as the same are st-ited in said DECLARATION, referred to hereinabove, as amended from time to time. Corporations Division Page 1 of 1 ..� 4 DEPARTMENT Sew SECKEIAWOFSTATIE POiK Rat NCg711IN4011 ONQ4BBT-ZIIoO Account - Login Click Here To: Register View Document Filings Corporate Names Legal: Noble Opportunity Fund I, L.P. Limited Partnerships Information Sosid: 1391254 Status: Current -Active Annual Report Status: Citizenship: Foreign Date Formed: 6/6/2012 Fiscal Month: State of Incorporation: PA Registered Agent: CT Corporation System Corporate Addresses Mailing: 100 South Seventh Street Akron, PA 17501 Principal Office: 100 South Seventh Street Akron, PA 17501 Reg Office: 150 Fayetteville St., Box 1011 Raleigh, NC 27601 Reg Mailing: 150 Fayetteville St., Box 1011 Raleigh, NC 27601 http://www.secretary.state.nc.us/Search/profcorp/10578557 7/14/2015 C201419700704 d SOSID: 1391254 Date Filed: 7/21/2014 3:03:00 PM Elaine R Marshall North Carolina Secretary of State PwrmuW to §59-902 of fhe General Statutes of North Carolina, the undesviped hemby submits this application for Registration as a Foreign Limited Partnership for the purpose of obtaining a Cardfrcate of Au tority to transact business. in this State. 1. The name of the foreign limited partnership is: Noble Opport►mity Food 1, L.P. 2. If the name of the faeaign limited partneraWp is unavailable for use to the State of North Carolina, the name the limited partnership wishes to use is: (The name mast contain the words "Limited Par taerft ' or the abbreviation "LY." or "LP," or the combination "Ltd Partnem *'.) 3. The jurisdiction in which the limitedpardtership was formed is?enm*a and the data qf f9rmetion was June 6, 2012 The limited partneraWs period of duration is LO 4. The street address of the principal office is: Number and Street: 100 BOA Seveutb Street City: state: state: Pa Zip Code: 17501 sty, iencaeter The mailing address, (f4erent,)om the atneet address, of the principal office: Tie: Number and Street: City: State: Zip Code: County:. 5. Name of Registered Agett: 10T Corporation System 6. Address of Registered Agent's' Office: Number and Stye& 150 Fayette We Street, Box 101 i City. Raleigh time: NC Zap Code: 27601 CO=ty. wake The mailing address, (fdi erent from the stred address, of the registered of HOW Number and Sheet - city: State: NC Zip Code: County: WOM r7�sxfe33a.11�rdoaua�atmaatbefllaarrtath�sacrNaryot8law CORPORATIONS DM81014 PABO1t29622 RALBICRr,NC27626-0M (Revised Augau, 2013) Page 1 Form LP-04 ti�16•�IfAW� Wo1Re�sXpn�co�ae C201419700704 7. fa consideration of the issuance of a Certificate of Authority to transact baadness in North Csmline, die limited paztr►enft appoints the Secretary of State of Nor h Carolina as the-ageud to race' M' service of process, notice or demand, whenever the foreign limited partooraMp fails to appoint or maintain a rogiswed agent in this State, or whenever such regiatan d agent cannot withrea ' ' a+ed offiM privacy Redacraon & (Optional): Please provide a business e-mail The Secrowy of Staws Office Will eanail the br mesa automatically at the eadrese provided at no charge when a document is filed. The e-mail provided will not be viewable on tore webeite. Par mots inforuuation on why this service is being offnled, please see the instructions for this document. . 9. Baler the name aed address of each genaW pwtna.- (attach additional sheets If necesmy) ...Noble Real Estal h LLC N IOD South Seventh Street 3teeedNa Cigr `tea City �Pa, I7501 Sta�Lip 10, limited Partners (select 1 or 2, as appropriate) 63 Attached is a list of the mmea and mkh=aw of all limited partners ('include $ill naenelstreet aftesdaitylstatolzip oodelcounty); of 0 The location of the office where list.of the names and adder of the Umited partner$ and their capital cont i'Mons will kept be as -long as.the limited parlstasbdp transacts business in Nod h Carolina is Number and Street~ City: State: NC Zip Code: County: 11. (Select cure) ® The foreign limited partnership Is a foreign limited liability limited partnership. ® T6o foreign limited partnership Is not a havign limited liability limited partaorft 12. This registration will be ei%otive upon fling, unless a futwe data nNor time is specified: ttie - b h or na>,ae - �� 7.66te Reaj &, Tide & A fit r NOM Eftfieb'sa �mh&=n toutbeawwabit*sYwokgorSate. CDRPM77ONS AMSION PABOX29622 RAmali, NC 276 U6222 {Revised August, 2M3) Page 2 Form LP-04 eW6e6-4121M14WbHwT Emma C201419700704 1 NOBLE OPPORTUNITY FUND 1, L;P. eneral Partners Noble Real Estate, LLC 100 South Seventh Street Akron, Pa 17501 Lancaster County LIMITED PAMERS Noble Advisors, LLC 100 South Seventh Street Akron, Pa 17501 Lancaster County H State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: 881205 2. Project Name: Landfall Center Section III 3. Current Permit Holder's Company Name/Organization: The Atrium Development Group, Inc. 4. Signing Official's Name 5. Mailing Address: 115 City: Columbia 6. Phone: ( Steven S. Silverman rium Wa Title: Registered A ent State: SC Fax: (_) Zip 29223 II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ❑x Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization:c! ,rum, a, an a i�C+eT�c ^; } ==� =tam--Wn } t Ch.. e O 2Sq CCZT2QL i on 2. Proposed permittee's signing official's name: Kenneth L . Herr 3. Proposed permittee's title: President of the COA Board c4oE f 4. Mailing Address: � e IY City: • i U State: p• Phone: (9JO) 34+— ( CW Fax: ( ) 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed permittee listed above is: 0 HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a (COA) recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) IECEIVE JAN 2 7 2015 SSW N/O Change Rev24Sept2012 Page 1 of 4 BY, State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FO CE,VE . I. CURRENT PERMIT INFORMATION JUL 1 5 2015 1. Stormwater Management Permit Number: IBOO\ aols 2. Project Name: \e(&A-Lor\ 3. Current Permit Holder's Company Name/Organization:7he- 4\06.14\k 'k- 17^c• 4. Signing Official's Name:S,\yurrnp-N Title: A 5. Mailing Address: City: State: b C. Zip: 6. Phone: (_� Fax: (,_� II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ® Change in ownership of the property/company'(Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name%organization:;�,,,,,� o�� lam,-�� f►c_a. Lon�,.�nt. rs ptssocrk�wn 2. Proposed permittee, s signing officials n me: �..� d� K2nne46 +6,r 3. Proposed oermittee's title: R.°114kc.^k Pe- .51C1 BAH11- U� � Mailing dress:. IoS l w�, � ar.� u•� j � u, �Ub City: k h))�& tick- State: 1,,l L- Zip: �SAb 5 Phone: ( I b0 Fax: (°ho ) -AV - M'3?> 5. New Project Name to be placed on permit: ease check the appropriate box. The proposed permittee listed above is: HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stor►rnwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 Lewis,Linda From: Lewis,Linda Sent: Tuesday, July 14, 2015 12:43 PM To: Gretchen Merix (gmerix@paramounte-eng.com) Cc: Scott, Georgette: Leah Cox Subject: FW: The Atrium at Landfall Gretchen: I think I have it figured out. Because this is a condo, I needed the deeds of conveyance from The Hansberry Corporation aka TEDS Enterprises to each of the condo unit owners. I found the applicable deed book and page numbers for each deed via the county tax records and printed them off from the New Hanover County Register of Deeds. All of the deeds reference the recorded Declaration of Condominium and include a statement that each deed is conveyed with an undivided interest in the common area and facilities. For a condo, I believe that's what will allow us to transfer the permit to the Condo Association. My last remaining concern is that there was a change of registered agent and mailing address filed with the NCSOS on April 21, 2015, signed by the Association and Leah Cox with the management company, Cape Fear Commercial. I will need an updated page 1 of the Name/Ownership Change Form with that new agent and address for the proposed permittee. It is not necessary to get a new signature. Thanks, Linda From: Lewis,Linda Sent: Monday, July 13, 2015 5:29 PM To: 'Gretchen Merix' Cc: Scott, Georgette Subject: RE: The Atrium at Landfall Hey Gretchen. I think what we're looking for is a deed of conveyance from Scott Hansberry with TEDS Enterprises, Inc. (formerly The Hansberry Corporation) as the "Grantor" (seller) to the Atrium at Landfall Office Condominium Owners Association, Inc. as the "Grantee" (purchaser). When Mr. Hansberry purchased the property from Byrd Landfall LLC on January 30, 2007, a General Warranty Deed was recorded in DB 5136 at Pages 1220-1225. Because this is a condominium, there may not be any such deed of conveyance from Mr. Hansberry to the COA. If that's the case, then how can the COA be shown on the tax records as the owner of that parcel? Do you know if the 2007 Declaration of Condo that you provided was considered as satisfactory proof of ownership for the County? If I understand correctly in a condo association, nobody pays rent — each office condo unit in the building was, I assume, purchased from Mr. Hansberry and is owned by that purchaser until it's resold to a new purchaser. Each unit contributes a monthly maintenance fee which goes into an account managed by the COA or by a separate management company. These fees are used to maintain the building and the common areas (including the wet detention pond). With each subsequent change in the units', The Hansberry Corporation adjusted the prorated shares for that unit and recorded them with the County as amendments to the condo declaration. The last one appears to have been recorded in 2007. If I have misunderstood something, please correct me. Corporations Division Page 1 of 1 Nam CAI dba seawaly SECRE 1AW OF STATE E FOOmOM RW h, N0 ffH"l M OWT-M Account ` Login Click Here To: Register View Document Filings Corporate Names Legal: Atrium at Landfall Office Condominium Unit Owners Association, Inc. Non -Profit Corporation Information Sosld: 0880497 Status: Current -Active Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 12/5/2006 Fiscal Month: December State of Incorporation: NC Registered Agent: Cox, Leah Corporate Addresses Mailing: 1051 Military Cutoff Road, Suite 200 Wilmington, NC 28405 Principal Office: 1051 Military Cutoff Road, Suite 200 Wilmington, NC 28405 Reg Office: 1051 Military Cutoff Road, Suite 200 Wilmington, NC 28405 Reg Mailing: 1051 Military Cutoff Road, Suite 200 Wilmington, NC 28405 hup://www.secretary.state.nc.us/Search/profcorp/8108592 7/13/2015 STATE OF NORTH CAROLINA DEPARTMENT OF THB SRCRETARY OF STATE STATEMENT OF CHANGE OF REGIST—MR93'" OFFICE AND/OR REGISTERED AGENT SOSID: 0880497 Date Filed: 6/22/201512:11:00 PM Elaine F. Marshall North Carolina Secretary of State C2015125 01026 Pursuant to ISSD•31 of ON General Statutes of Note Caroline, the undersigned entity submits the following for rho purpose of clutpging its registered office and/or registered agent in the State ofNath Carolina .IIJ PO AATION CURRENTLY'ON FILE . The name of the entity is: AtdWa at LarOdl Offin Condominium Unit Oa mom Aeaodellon, Imc. Entity Type: laCerporsdon, pForeign Corpon tam C]Nonp unt corpo uhm, oForcip Nonprorit Corporation, pUmtted LWAity Company, []Foreign Limited LiabSity Company []Lhmited Pertoenhip, [3129reiga Limited PaMussbipy E3Limiied Liability Perhwrslrip, [3%reign Limited Liability Partnership 71ne attest address end county of the entity's registered office curwi tly on file is: Number and Shut; 1410 Commonwea th Ddve, tb91e'201 City, State, Zip Cade: VYkkrg c NC 28403 County: New Hanover no trailing mldress=rm m the sftw address of the registered office currently on file is: 222 Pdnomiaboo , 28401 The amine of the cumetit registered agent is: swap. Har>eE" "NEW:INFQRhlA'PIQN „ 1. 7* street address and county of the raw registered office of me entity is: (complete this Um o* rthe ad*vn of the reeglowwd gpbe to being ehanpo Number and Street» 1051 MM" Cutoff Rod, rule 200 tom, Steno, Zip Cotk• , NC 2840s County: Now Hanover 2. The mailing address if dWera P from the street addrara of the new registered office is: (complete Air It= o*t0he address of the registered gQPre is beingchdrWJ 3. Tiro tare of the new registered agent and the new agent's oatsent to appointmentappears below: (comp * ibis Item only#the name Qfthe reellaawd agent to being c Leah Cori Asset Manager Ope or Print Name of New Agent J ' Signature A 77de 4. Tito address of the a ty's registered office and the, address of '6taInes office *fits registered awnt, as Changed, will be identical. S. Ibis stet went will be ef%ctive upon filing, unless a date antllar time is VeeiCsed: 'Bois is do 21 day of APd , 2015 Ahtam at La XIM CWW CMIAMMInkim UrA tJaatera Asooddon, Inc. �/' &tttbyXwae • ��J ��gnafure Ken Herr, President Type or Print Now and Me Notes: Mft Pea h ti A& Tkis aoaameat mad be nkd with the Sowdw of Stale. • Imod of dying here, the new reglatemd agent may a%i a separate writka consent to Ike appointment, wbiei meet be attached to fYk shument. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626.0622 Revised January 2002 Form DS46 C201512501027 SOSID: 0880497 Date Filed: 5/12/2015 9:16:00 AM Elaine F. Marshall North Carolina Secretary of State C2015125 01027 State of North Carolina Department of the Secretary of State NONPROFIT CORPORATION'S STATEMENT OF CHANGE OF PRINCIPAL OFFICE Pursuant to §55A-16-23(b) of the General SWutes of North Carolina, the undersigned nonprofit corporation does hereby submit the following for the purpose of changing its principal office address currently on file with the Secretary of State. INFORMATION CURRENTLY ON.Fl The name of the corporation is- Atdum al Landfall Office Candonnkftrn UnftOwnera As6aatatlon, Inc. The street address and county of the principal office of the corporation currently on file is: Number and Street: 222 PrIncess sheet City, State, Zip Code: r&n, RC 26401 County: New Hanover i The mailing address 1fdUenenf fmnt die street arddras of the principal. office currently on file Is: The sow address and county of the new principal office ofthe corporation is: Number and Stree0051 M91ary Cutoff Road, &Ale 200 City, Stara, Zip Code: VftkVWn, NC 2M County: New Flenaver The redline address If dI erent from flee street arddress of the new principal office is: This sb dement will be effective upon filing, unless a later date and/or time is specified: Ibis is the H day of 2015 Atdum at Landfall Office Condominium Unit Owners Aseoatellon, inc. Name of Corporation <K Signature Ken Herr, President Do or Prl» t Now and 77de NOTES: 1. Filing fee is $5. This statement and one exactor conformmcd copy of it must be filed with the Secretary of State. Revised January 2000 Form N-12 CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626- 0622 Lewis,Linda From: Lewis,Linda Sent: Monday, July 13, 2015 5:29 PM To: 'Gretchen Merix' Cc: Scott. Georaette Subject: RE: The Atrium at Landfall Hey Gretchen. think what we're looking for is a deed of conveyance from Scott Hansberry with TEDS Enterprises, Inc. (formerly The Hansberry Corporation) as the "Grantor" (seller) to the Atrium at Landfall Office Condominium Owners Association, Inc. as the "Grantee" (purchaser). When Mr. Hansberry purchased the property from Byrd Landfall LLC on January 30, 2007, a General Warranty Deed was recorded in DB 5136 at Pages 1220-1225. Because this is a condominium, there may not be any such deed of conveyance from Mr. Hansberry to the COA. If that's the case, then how can the COA be shown on the tax records as the owner of that parcel? Do you know if the 2007 Declaration of Condo that you provided was considered as satisfactory proof of ownership for the County? If I understand correctly in a condo association, nobody pays rent — each office condo unit in the building was, I assume, purchased from Mr. Hansberry and is owned by that purchaser until it's resold to a new purchaser. Each unit contributes a monthly maintenance fee which goes into an account managed by the COA or by a separate management company. These fees are used to maintain the building and the common areas (including the wet detention pond). With each subsequent change in the units', The Hansberry Corporation adjusted the prorated shares for that unit and recorded them with the County as amendments to the condo declaration. The last one appears to have been recorded in 2007. If I have misunderstood something, please correct me. Does the COA have the ability to file amended declarations as the "declarant" to adjust the monthly condo fee amount and/or sell the building as a whole and the common areas to a new owner, or is that still with Mr. Scott Hansberry, or would all the unit owners have to agree to such a sale? What would happen if the building deteriorated to the point that everyone moved out and the unit owners could not sell their units due to the condition? I just found a newly filed Change of Registered Agent mailing address for the Atrium at Landfall COA, Inc.. That is certainly important, because I do need to know where to mail the transferred permit, but that's not the same as a deed of conveyance. Thanks for any information you can provide. Linda From: Gretchen Merix [mailto:gmerix@paramounte-eng.com] Sent: Monday, July 13, 2015 10:09 AM To: Lewis,Linda Subject: RE: The Atrium at Landfall Linda - See attached — the GIS lists the COA as the owner, however the deed listed is the one I sent that is just a Declaration. I'm not sure what that means or if it helps? Thanks, Gretchen From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Monday, July 13, 2015 9:59 AM To: Gretchen Merix Subject: RE: The Atrium at Landfall Thanks Gretchen. For single family subdivision permits there's usually a deed of conveyance from the developer to the HOA for the common areas. I'm not sure if the "Declaration of Condominium" will suffice for transferring the permit for a condo project. The property has been subjected to the provisions of NCGS Chapter 47C, but ownership of the property has not been transferred to the Atrium at Landfall Office Condominium Unit Owners Association. I'll discuss my concerns with my supervisor and get back to you later. Linda From: Gretchen Merix [mailto:gmerix@Daramounte-eng.com] Sent: Friday, July 10, 2015 4:41 PM To: Lewis,Linda Cc: Leah Cox Subject: RE: The Atrium at Landfall Linda, understand that you're still needing a copy of the deed showing that the common areas have been transferred to the Association. I've attached the Declaration of Condominium, which is referred to on the GIS. Is this what you need? Thanks, Gretchen From: Lewis,Linda [mailto:linda.lewis@ncdenr.eovl Sent: Friday, April 24, 201510:16 AM To: Gretchen Merix Cc: Weaver, Cameron Subject: RE: The Atrium at Landfall Thank you. Please let me know when the pond is ready for a follow-up inspection so that the permit can be transferred to the POA. I've contacted the person who is currently listed with the NCSOS as the registered agent for the POA — they are supposedly in the process of filing a "change of registered agent and mailing address" and should be sending me a copy of that filed form. Once I have a compliant pond and the correct registered agent NCSOS paperwork, I can transfer the permit. Linda From: Gretchen Merix fmailto:gmerix paramounte-eng.com] Sent: Thursday, April 23, 2015 2:35 PM To: Lewls,Linda Cc: Weaver, Cameron Subject: RE: The Atrium at Landfall Linda, A letter addressing the maintenance issues at the Atrium pond is attached. Please let me know if this is sufficient or if you need me to drop by a hard copy. Thanks, Gretchen Er^rn: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Tuesday, April 07, 2015 8:47 AM To: Gretchen Merix Subject: RE: The Atrium at Landfall Hey Gretchen. The inspection report was dated March 27, 2015, so I'm not sure why you don't have your copy yet. You are listed in the CC:'s. The only thing I can think of that might cause the delay is that our admin staff was out of the office on Friday and Monday and may not have mailed it out until Tuesday or Wednesday. You'll probably get it today. Please let me know if you do not receive it by tomorrow. Linda From: Gretchen Merix [mailto:gmerix@paramounte-eng.com] Sent: Monday, April 06, 2015 12:01 PM To: Lewis,Linda Cc: Weaver, Cameron Subject: The Atrium at Landfall Linda, I spoke with Cameron last week regarding the ownership change for the Atrium at Landfall and he said you had sent out a request for further information. I haven't seen anything relating to this project come in the mail. Could you possibly forward me your comments through e-mail so I can get started on responding to them? Thanks, Gretchen Merix, E.I. Paramounte Engineering, Inc 5911 Oleander Drive, Suite 201 Wilmington, NC 28403 v: 910.791.6707 f: 910.791.6760 w: http://www.paramounte-eng.com MMONN ION G31dWM11V SIDI L 0 AYN NaGN35 NNn.LBV 69eT B:i gzz 3'x--' A 'U016U1W. SA1309 J 198JISSS80 .. ezz JJJS uo" � Z�Z IL ,p Is wmjj4V ,00ssv sioumo imp opuoo eowo u8j �O� QU juepise - "JOH LgGuuGN StOZ ZO MdV9t1C6M000 AAL zo ()Bv-000 $ qotr9Zd1Z 1 I `O SGV8Z :)N'u(y42u!u'l!A& uoisualxa aAj1(1 jVu!P-L:) LZT U01 pas .101MULTOIS S3M08A3N1.ld<<3E)Vi90d*s,n WIN -diwaa/umau:)N NC DENR/DEMLR U.S. POSTAGE>> PITNEY BOWES Stormwater Sectio'�'��'� 127 Cardinal Drive Extension Wilmington, NC 28405 02 YV ZIP 1VV $ ppp,48° 0001399346 APR. 10. 2015, Kenneth Herr, President �..' �Atrium at Landfall Office Condo Unit Owners' �% � °`^" � Association MAY T 20�� 222 Prindi n 27 -R F E 1 OwDS /04 13 � ATTEMPTED - MOT KNOWN WilmTngtc RETURN TO SENDER 13Y: UNABLE TO F04WARD R 4S 054-06 4Y7G�����34i5ii�1YB��6i��39i 111]; 11d, g Ild III 71ixd Cp@91Hw1h � C201511700374 WSW: 088"97 Date Filed: 5/4/2015 9:54:00 AM Effective: 6/4/2015 Elaine F. Marshall State of North Carefin North Carolina Secretary of State Department of the Secretary of State C2015117 00374 STATELMENT OF RESIGNATION OF REGISTERED AGENT Pursuant to §55D-32 of the Geueral §iatutes of NW& Carolina, the undersigned hereby submits the following statement: 1. 1, Scott P- Ha,ts6any registered agent for the for (ow or print name), hereby resign my appoint�t as owing entity: Atrium at Landfall Olitce Condominium Unit Owners Association Inc. Entity tyPe: QCotporation, [{Fateign Corperabam, LiNonpofit Corporation BForeign Nonprofit Corporation, OLimited Liability Company, Foreign Limited Liability comp", (]Limited Parlterrship, OForeign Limited Partnership O united Liability Partnership, OFereign Limited Liability Partnership 2. The undersigned certifies that written notice of this resignation as registered agent of the entity has been mailed or delivered to the entity -as follows: Name acid Title of ladividual Kan Haw. President Address too S. 71h street City, State, Zip Code Akron, PA 17501 3. Tho registereed oflPrce is to b,-� diwmtinued. (check here _� if,,H,,6M) This th�roJm it WDO ell Atrium at Landfall Office Condominium Unit Owners Atrom, Ina Scott P. Hansbarry, Repi WbW Type or Print Name and xrc'� �'key : A, Nt7fTi OA l . No AYag fa, This (1ocament aaait be filed wiitt dw Seafty of Steto. 2, lUappolatmMm ea regtalarw agent is twli[1ned, eritl era; redisWO of m h dhentinued ifso provided, on the 310dsy after the deia on whkb this sWenteat is CORPORATIONS ] IS1ON P.O. BOX 29622 RALF10N, NC 276264622 MovlsalJonnwy 2002) (F'arsr B8-07) ALT4100-KAWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 5, 2015 Scott Hansberry, President TEDS Enterprises, Inc.(first successor -owner) 1410 Commonwealth Drive, Suite 201 Wilmington, NC 28401 Subject: Notice of Inspection — Not Compliant And Request for Additional Information The Atrium at Landfall State Stormwater Management Permit No. SW8 881205 New Hanover County Dear Mr. Hansberry: Donald van der Vaart Secretary As per our conversation today, the previous notice of inspection dated March 27, 2015 was mailed to you because you are still listed with the NC Secretary of State as the president of the proposed permittee, Atrium at Landfall Office Condominium Unit Owners Association, Inc. Other documents submitted with the request to transfer the permit indicate that the current president of the Association is Kenneth Herr, who was copied on the inspection report and letter. Standard practice is to have Mr. Herr file a statement of Change of Registered Office and/or Registered Agent with the NC SOS and submit a copy to my attention. If you have any questions, please contact me at the Wilmington Regional. Office, telephone number (910)-796- 7215.or via email at Iinda.lewisCaancdenr.gov. Sincerely, Linda Lewis, E.I. Environmental Engineer III Enc: Compliance Inspection Report GDS1arl: 111Stormwater\Permits & Projects119881881205 HD12015 04 letter 881205 cc: Gretchen Merix; Paramounte Engineering (Wilmington Office) Kenneth Herr, President (Atrium at Landfall Office Condominium Unit Owners' Association,z''� ice) ioo S . yA s�-,, f�,C/O Aq- Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Division of Energy, Mineral, and. Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 ��* NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 27, 2015 Scott Hansberry, President TEDS Enterprises, Inc. (first successor -owner) 1410 Commonwealth Drive, Suite 201 Wilmington, NC 28401 Donald van der Vaart Secretary Subject: Notice of Inspection — Not Compliant & Request for Additional Information The -Atrium at Landfall - State Stormwater Management Permit No. SW8 881205 New Hanover County Dear Mr. Hansbeny: On January 27, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a request to transfer the stormwater management permit for The Atrium at Landfall under the provisions of Session Law 2013-121. Staff inspected the project located at 1410 Commonwealth Drive, Wilmington, in New Hanover County on March 20, 2015, to determine the status of compliance with the State Stormwater Management Permit Number SW8 881205 issued on December 14, 1988. DEMLR file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. BUA has been added in 2 locations and was not built in another location. It appears that it may be a fairly even exchange with no net change in the BUA. 2. It appears that the pond has not been maintained in quite some time. Heavy overgrowth on the slopes and algae growth in the pond suggests that the pond is not 7 feet deep as required. When was the last time maintenance was performed and the sediment level checked and/or sediment removed to restore the design depth? 3. Additional and/or easier access to the pond for inspection and maintenance needs to be provided. Please provide contact information for an on -site person who can unlock the gate. 4. The distance between the invert orifice and the first overflow elevation in the outlet structure needs to be verified as 2 feet. The pond was certified in 1992, however the lack of maintenance may have affected the permitted design parameters. 5. There is possible offsite drainage entering from the adjacent property, Leeward Village, via an undocumented 6" white PVC pipe located south of the Atrium pond outlet structure. This pipe is not shown on the approved plan for either the Atrium or Leeward Village. In addition to the inspection deficiencies, the following additional information needs to be provided in order to meet the Session Law 2013-121 permit transfer requirements where the current p sold the property: ermittee has 1. A copy of the deed conveying the entirety of the property to the UOA, or conveying the common areas of the property to the UOA. The successor -owner must hold title to the property on which the permitted activity is occurring and be the sole claimant of the right to engage in the permitted activity. Division of Energy, Mineral, and Land Resources 127 Cardinal Drive Extension nWilminlgton North Carolina 28405 - (9 0796-7215 / Fax: (910) 350-2004 Mr. Hansberry March 27, 2015 Please inform this Office in writing before April 27, 2015, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by April 27, 2015 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7215 or via email at Iinda.lewis(a-)-ncdenr.aov. Sincerely, �C*-�zg,(x' Linda Lewis, E.I. Environmental Engineer III Enc: Compliance Inspection Report I ` GDS1arl: 111Stormwater Permits & Pmjects119881881205 HD12015 03 CEI_deficient 881205 cc: Gretchen Merix, Paramounte Engineering (Wilmington Office) Kenneth Herr, President (Atrium at Landfall Office Condominium Unit Owners' Association) Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2of2 Compliance Inspection Report Permit: SW8881205 Effective:12/14188 Expiration: Project: The Atrium at Landfall Owner, Atrium Development Associates Inc County: New Hanover Region: Wilmington Contact Person: David Jacobs Directions to Project: Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 (Bradley Creek) (03-06-24) ( SC;HQW:#) On -Site Representative(s): Related Permits: Adress: Int MilitaryCutafFAnd Eastwood Roads City/State/Zip: Wilmington NC 28403 Title: Manager Phone: 803-736-7716 Inspection Date: 03/20/2015 Entry Time: 11:30AM Primary Inspector: Alida R Lewis Secondary Inspector(s): Reason for Inspection: Other Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 11:50AM Phone: 910-796-7215 Inspection Type: Transfer Renewal page: 1 permit SW8881205 Owner- Project: Atrium Development Associates Inc Inspection Date: 03/20/2015 Inspection Type Transfer Renewal Reason for Visit: Other Inspection Summary: The inspection was conducted as part of a request to transfer the permit to a unit owners association. The following deficiencies were observed and must be addressed: 1. Sidewalk has been added in 2 areas (approx. 445 sf) and not built in one area (approx. 456 sf). It appears to be a fairly even swap, but you may want to verify. 2. A lack of routine maintenance. The amount of algae suggests that the pond is not 7 feet deep as permitted, and the age of the retaining wall will require more frequent inspections and repairs to avoid structural failure. Please maintain the pond to design condition and provide verification when this has been done. 3. Access to the pond is very restricted. It would make better sense if there was an access gate on the south side of the pond right next to the outlet structure, since the majority of the routine maintenance should be focused on the outlet. 4. It does not appear that there is 2 feet of relative distance between the orifice invert (permanent pool @20.0) and the first overflow weir (temporary pool @22.0) in the outlet structure. Please verify. 5. There is possible offsite drainge from Leeward Village entering this pond via a 6" PVC pipe on the south side near the outlet structure. This pipe is not accounted for or approved under either the Atrium permit or the Leeward Village permit Please either elimiate this offsite drainage or submit a permit modification to add whatever amount of offsite drainage area this pipe is collecting from. page: 2 Permit: SW8881205 Owner - Project: Atrium Development Associates Inc Inspection Date: oa/2=015 Inspection Type Transfer Renewal Reason for visit: Other File Review Yes No NA NE Is the permit active? ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? n ri ri Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ M ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ 0 ❑ ❑ Is the drainage area as per the permit and approved plans? M ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? 0 ❑ ❑ ❑ Comment: 1. There are a few minor chances in the BUA. One sidewalk on the west side of the buildina was not built. while 2 other sidewalks at the rear of the buildina were added Its probably a fairly even swab SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ❑ ❑ Are the inlets located per the approved plans? ❑ ❑ ❑ Are the outlet structures located per the approved plans? ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑0 ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: 2. The overall aDDearance of the pond is overgrown and unmaintained. There is a lot of algae in the pond suciaestina that the pond is not 7' deep, as designed. When was the last time the pond was maintained? 3. The concrete retaining wall is one of the very first approved wet Pond designs This is a very old desion-that is no longer used due to the complete lack of contact with vegetation Due to the age of the retaining wall, it will Probably reauire more frequent inspection and repairs to alleviate any structural failures. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ N ❑ ❑ page: 3 Permit: SW8881205 Owner - Project: Atrium Development Associates Inc Inspection Date: 03/2012015 Inspection Type Transfer Renewal Reason for visit: Other Comment: 4. There is very limited access to the pond. The inspector was unable to get past the locked pate, however, even if that were possible. it would not be possible to walk from the gate to the outlet structure due to the heavy overgrowth. The Division is unsure how any maintenance is getting done, given the very restricted space around the pond. 5. It does not appear that there is 2 feet of relative distance between the orifice invert and the first overflow weir. 6. A 6" white PVC pipe was observed to the south of the outlet struture. This pipe appears to be coming from the adjacent property, Leeward Village, however, its source was not located. Unapproved discharges into the Atrium pond are not allowed unless the permittee submits a request to modify the pond to accept offsite runoff. page: 4 Fr gjei.a 1 iamae Project Location: Accepted Date: Z-4 Rules) 11 2008 Coastal 11 1995 Coastal Phase II (WiRO) Universal 1988 Coastal Type of Permit: New or Mod or PR Exiting Permit#! (Mod or PR): � ZAPE Cert on File? ®ensi _ -- HD._ ..or_:_.::.Lp ...:eo. _—ComamrcraJ:�ar.-__Resrdeniia 96: (% or) Stream Class: SA Map OOffsite to SW8 Subdivided?: Subdivision or Single Lot ORW Map PT i Paperwork . Emailed Engineer on: Supplement(s) (1 original per BMP) BMP Type(s): 0&M with correct/original signatures (1 original per BMP except LS/VFS and swales Z '7C) �- Application with correct/original signatures ed Carp or LLC: Sig Auth. per SoS or letter Email Address: Design Engineer $505 (within 6mo) Email Address: Owner [--]soils Report with SWIT //� `'�sF�'�' Note to Reviewer: Calculations (signed/sealed) No obvious errors �. Density includes common areas, etc Deed Restrictions, if subdivided: ®Signed & Notarized Plans 2 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading l Wetlands: Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend DA Maps Project Boundaries Infiltration Report Additional Information: Wet Pond ®soils Report SHWT: - PP: offsite ElPE Cert for Master Deed Rest for Master BUA Permitted (Master): BUA Proposed (Offsite): Lot #: Lot # Matches Master sf sf BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Permitted r•roposm-- PARAMOUNTE E N G I N E E R 1 N G, 1 N C. 5 9 1 1 OLEANDER DRIVE, SUITE 2 0 1 W I L M I N G T O N, N C 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7 (0) 9 1 0- 7 9 1- 6 7 6 0 ( F L E T T F. R n F T R A N C M i T 'r A r To: NCDENR Date 1/27/15 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Atrium at Landfall State Stormwater Permit OwneChane ge Attn: Cameron Weaver Pro'ectNo. e are sen ❑ Originals ® Prints ❑ Shop Drawings ❑ Calculations ❑ Correspondence ❑ Plans ❑ Specifications ❑ Other as listed below he following items: Quantity Date Dwg. No. Description 1 1/23/15 Ownership Change Form 1 1/23/15 Description of COA Board on COA Letterhead 1 All deeds from current permit holder to current owner ssue Status. ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks on Taken4 ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other Cc: Signed: �t�� L. Gretchen ( I +E JAN 4 7 2015 Office Address: 100 s. r street Akron PA 17501 (717) 859-3311 ext 29 (717) 859-3330 fax January 23, 2015, The following resolutions were approved by the board of Directors on 01/10/15. > 1. The Board of Directors appoint the following officers of the association for the year 2015: ' ECEIVE > President — Ken Herr JAN 2 l 2015 > Vice President —Not Required # ' BY: > Secretary —Cape Fear Commercial, LLC > Treasurer— Cape Fear Commercial, LLC > 2. The Board of Directors appoints Cape Fear Commercial, LLC as the management Company for Atrium UOA at a fee of $500.00 per month. > 3. The Board of Directors adopts the 2014 Atrium UOA Budget to manage the first quarter of 2015. Kenneth Herr —President 01/23/15 1. 1 amp PACE 1351 0071 STATC OF fival Estate �pRQU Exciselax p KE31-86 y 9 0 a 0 0 — STATC Of 9RReal Estate o 00 CjJMAExcise U AlKC31_goo.00 A 15101 litc4*6E. ... VE01W "ilitau P TU., IED Alf'SIER iF "Ell 'IftifANOW&ION-93 01? CO. fie &C It to 03 A14,116 STATE OF Real Este.-, H Excise L-Y. ROU ii 1001"MA "t p. I'VirW Z C *@EC31'M 01 Mftwdir4 Tim. Tax Lot No. ... ....... ...... .. ................. -- I . .............. .. ..... ............. Parcel Identiller No.. 56-01 ' -02; 56-05-09; 51-02-14.1 Verified by ...... .................................. . _ .... .. .... ...... County on the . .......... . day of ....... . .. .... .......... ... by . . . ..... ....... ...... L ........... .... .. I .. ... .......... . ..... ..... .. ........................ .. Mall after recording to Tboms..0 Xorth.. J ............................................. C-19- . . .. ........... . .. .. ...... ... . ... .. . ....... ....... .. ... ... ... - This lu$ttDmmt was prepared by. Thoms.C. an .V0KM.,. Jr. of planning, Fulton & Skinner Brief description for the Index 26 NORTH CAROLINA GENERAL WARRANTY DEED IRIS DEED made this 29th day of . December... . .19 86 . bir and h@4 GRANTOR GRAXTER CICKRO P. TOW. Trustee, and LANDFALL ASSOCIATES, V31LLIMI D. WELL. Trustee A Korth Carolina joint Venture (Trustees under those certain (General Partnership) Trust Agreements dated February 18, 1976. and November 19. 1976) 405 Parkway 4k Greensboro, North Carolina 27405 nt=GEIVEFA I JAN 2 7 205 U FAIM Is as"rinte bkpek far gmh party: same, madbMN and, if xppmpdft rbarecigr d coilly. e.4 ea of cagily. e.g. Alleft or pb"Marsup. The designation Grantor and Grantee as used -herein shall include said parties, their heirs, successors, and a9sirsai-and— shall include singular. Plural, IMM11cull", feminine or neuter as required by context. WITNIEMET'll, 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 onto the Grantee in toe simple, all that e4,ja r e"tsiR lot or Parcel of land situated iwV?Ife r of ...W4wLngton New Hanover Township, C9801y, North Carolina and-, more particularIT described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 4 H-31 rstate STATE OF Real U-tate A ,else "IX 413FITUNA ai, Eww'lax 900.00 PSrV 0.00 Pa. 7�4 > A, e, Real Lstate 5 [A. T.- a F Pe"' E14diti Excise Tax e Tax "NA (jRT 4 E; Ll Tralc�-h I—E i�ip FEC 3 V06 INA 9 0 U. 0 0 9 0 0, 0 0[- P. W, '-'AV: Cr A E SIATr r,r Rpal esax OH MORT .49 0LINA pZLUJA 900.00 -0 0. �O MU41 Back PAGE 1351 0072 a "' STATE OF Rftal Estate N _a pIOUNA .; Exasp lax = OECTI'R quo 00 .� tls The pmjo*jk*relaebore described was aellubred by Gyrator by imilrumest recorded is ............. A rap abowing the abM described propert# is reeordad WPlat Book ....._.._............ . .............. pate ................... TO IIAV8 AND TO BOLD no afWMM int or parcel of had lad all priril"as lad appnetesanmo thereby beloatins to do Grardea in fa siraple _ And the Grantor eoveaaals with the Grantee. that Gyrator is seined of the premises to fee simple. has the right to convey The sam in he dmple. that title la marketabls lad fills and dear of Oil saeumbrasces. and that Gyrator will waraat sad detead the utle asoiast the lawful claims of an persons wbos "Wer encept for dw saceptioas berelaefter stead. TWO to tbs prepertlr herrtaabsre described in sabjwl: to an following mceptioa.; This property is Conveyed subject to covenants, restrictlona and easeaents of record affecting SOU property and to 1996 taxes. tlr wrrWass watatal, f4 6fawtee Yea berems me bh hart Bret ee Iticafpmv. eaatN Ibh j"gjM=W t M M tlgn,e as A, ererreeep salae yr W etltr eetheehea eSlrale aM Par no as be aorarate aWrlfr aeare N owerms. ate do sae yen ata abere mrlrter. .....................................................ru .._.....__ ice - .. ........... (SM) Ocomrust* a°............._------.----- .... ................... ....._.. x flliaa � .taeAu ---•-•------•-•------------�..w..t Caboll, Trustee - ..... wfrrsare V ........ .'...... .------------- .---------------------- ------•------— ..........................._.......� fO • � siiet..aTAtelr : IL . !' I::rr .aA i TV seAL•irAN! ;nfr+ = IJ ..........•• h••lars icewors" No* m � ......ea.y------------------------•--- ----......---lseAw NORM f:wttou"a.. r, a aeleey rebw of fag Ceaafy Md Rue afterenle, calcify awt......................................... t _Cicero PTovTrustee,_.artd:ii111:4n D�Cabe1l,-Trustee... .._....... a.a.l.. sereeaety assWN Yelen a s lhh Ay era ataaewleyea tb enattaea IN "M NreseNes Ittadetmmf. WINem er Jana rail -f,w chums n neL W9 29th _ dw a ......DeceOR _ 8b NY gmmlaelmt ewpbeeXj/Zs• fl..-_..-.-._ >% ,,& .s, J.f.... _. SOUTH CwaOLiNwr La "elaes rube, or Ib craw =4 *ntue'aNnWa ttaefar fret -----•.................................... fe -------------.... ..... _..... ..... ............. _ ow. - -- ----------- . arr eeaceaaa/ ePMacee YefeN roil 01e Syr -4 asbes.Maea foe eaeedlaa er th, NgseMa AukUMUL wham OW ahero oil daelet MM er wa4 fhN -. 29 . OF d ........December ..................... a�4... MY emmhdas ,af.Ir - 0444 / -% F Q saAL.iTA1yr "OATS ct " a wary see+aAany STATE OF NORTH CAROLINA New ilsllovrr cowl ■ ..._....... TI oreyvilegCelli[uA+ ----- � swew sae ! rre,la,rt, . di7"h210 cog le v -day or- -X)M- 19 MY ewmle N C. oaf A,.,r room Me. 10 tna, ae,1rN irrf. Reber. ucket. Repoler of Ikeds — by__ Public Us ....................................... . h, M ........................... srerelYY of zWelllts eMreretwn. aaa tees br aalr,Ify duly t wra carer Wale Rome by As .......... »... .. es lh ........................... sealawy. ........................ at --------- .............................. MOWN Panic 9 "MINA I:e, we PO Stu Pug ...c I.,., loop. PAGE 1351 0073 EXBIBIT A to that Borth Carolina Cenerai Warranty Deed from Cicero p. Tow. Trustee and William 0. Cmbell, Trustee, Grantors, to Landfall Associates, Creates. dated December 29. 1986. MW CM 2 (NH corner) (150 WINNING at a point where the northern line of U.S. Highway No. 74 feet right of way) is intersected by the eastern line of the Military Cut-off Road (100 foot right of way); running thence from said Cut-off beginning d*1350 0 feet;nt North V ZthencetSouthalong 844 400Esst about 650 feettern line Of,thi Military Point that is 50.0 feet eastwardly as measured at right angles from the eastern line of the 100-foat.Carolina Power & Light Company transmission line easement that crosses the lands of Jane Pope Akers; thence southwardly and parallel to said easement about 1700 feet to the northern line of U.S. Highway No. 741 thence North 55. 07, West along said line of said highway about 740 feet to the point of Beginning; the same containing 22.75 acres, more or less, and being part of the lands Of Jane Pope Akers known as Pembroke Park. Subject, however. to the aforementioned 100 foot transmission line easement. TRACT TWO• (NW corner) BWDOING at a point Where the northern line of U.S. Highway No. 74 (150 foot right of way) is intersected by the western line of the Military Cut-off Road (100 foot right of way); running thence from said beginning point North 55. 07' West about 750 feet to an iron pipe in the western line of the tract conveyed to Pembroke Jones by deed recorded in Book 92 at page 53 of the New Hanover County Registry; thence North 359 09' East along said western line 324.0 feet to a stone marked "p: J.", the northwestern corner of said tract and the southwestern corner of the tract conveyed to Sarah W. Walters by Mrs. L. G. Wright at al in 1926; thence North 31. 49-1/2' Fast along the western line of said Walters tract about 1100 feet to its intersection with the Western line of the Military Cut-off Road; thence South 5' 29, West along the western li Of the Military Cut-off Road about 1650 feet to the point of Begno inning; the same containing 12.2 acres, more or less, and being part of the lands of Jane Pope Akers known as Pembroke Park. TRACT THREE, (SW corner) BEGINNING at a point where the southern line of U.S. Highway No. (ISO foot right of way) is intersected by the western line of the 74 Military Cut-off Road (100 foot right of way); running thence from said Beginning point, South 5. 20, Wast along the western line of the Military Cut-off Road about 920 feet to an iron pipe in the southern line of the tract conveyed to Pembroke Jones by'deed recorded in Book 97 at page 425 of the New Hanover County Registry; thence North 58, 56-1/2' West along said southern line about 1285 feet to a stone marked "P. J.", the southwestern corner of said Jones tract; thence North 33" 09' East along the western line of said Jones tract 887.0 feet to an iron pipe in the soutway saidhlinern lofeOf saidUhighwayhabouto8404; thence feett to theuth 551 Point Of71 East along Beginning; the same containing 21.0 acres. more or less, and being part of the lands of Jane Pope Akers known as Pembroke Park. SAGE BBGIMING at a point i,. "M weatftm line of the a0 acts tract known as Heron Harbor that is North 34 53 Hest along said line 1290.0 feet from a corner of the 548 acre tract Shown on the Landfall Developmaat Company, dated vey of Property of Registered Land Surveyor. and Agguat, 2973, by ibvard IN. Loughlin. NEW Hanover Count recorded is Map Bova 14 at page 39 of the Y Registzar. said cQsner of said Landfall gave Company 'tract being at the northern and of a lase Development having a bearing and distance of North 04, 351,1118 host on va feat.'ths southern sad or paid line being the mmtsrneost eorver of Tract 5 as shown , said long running thence from sgid Beginning point about North 70• i5� Mast along a am line 4160 feet, more or less, to a Stone marked p. J. the Southwestern corner of the tract conveyed to Da by deed recorded in Book 34 at page 19 of said Jaist nce No Jonia 340 18-1/2 Best along the Western line of said James tract 1813.47tfeet to a Stone marked "g.L.G."; thence North 34. 01-112, Most along the western line of said Jones tract 4117.63 feat to a stone marked "p.j." at or near the high water line of Barren Inlet Creek. thence North 38• 03' Best 426 feet to a 2-inch met iron pipe in the marsh of said creek; thence North 390 33-1/2' Bast within the marsh of said creek 1223 feet to a 2-inch cast iron pipe; thence South 59. 36-1/2' Bast within the marsh of said creek 2555 feat to a 2-inch cast iron pipe; thence South 41• S1-1/2' East within the marsh of said creek 3148 feet to a 2-inch cast iron pips Within the easement of the Intracoastal Ovate vay; thence South 41. 51-1/2' East to the center of the channel of said waterway; thence southweetwardly along amid enter of said channel about 4825 feet to the northeastern corner of said 80 acre Heron Harbor tract; thence North 55. 07, west along the northern line of said 60 acre tract to a Point in the higbwater line of Wrightsville Sound; thence North 55° 07' West along the northern line of said 8o acre tract more or , 1275 feet less, t6 the northwestern corner of same; thence South 34. West along the western line of said 80 acre tract 1090.0 feet to the point of Beginning; the sass containing 727 acres, more or less. of high land, together with the marsh land along Barren Inlet Creek and the Intracoastal Waterway. Subject, however, to the easement of the Intracoastal Waterway. TOGETHER WITH all and singular the tenements# hereditaments, appurtenances, rights, privileges and easements thereunto belonging or in any way appertaining to the above described Tracts 1. 2, 3 and 4. sea PACE 1351 OO75 Cicaro P. 'raw,' Trustee and Villiam D. Caball, Trustee. Grantors, bsrein Also Comm without warranty or ro*r,.�r�..r tim ►� + ±�yiag : NL TRACT A: All of grantors' right, title and interest in and to all minerals, ores, oils. gases, metals and stones of every sort, kind and description, in and under the above described tracts. TRACT S: All of gramtsra' right, title and interest in and to all water rights. marsbss and tidal areas lying between north. northeast and eastern lines of the above described tract containing 727 acres, more or less. and the aowtheast line of Landfall Subdivision and the center line of Barren 'slat Creek and the low water line as sboen on that mop entitled "Survey of Property of Jana Pope Akers. Pembroke Park i 81Mv1roms," dated November, 1972. TRACT Co. All of grantors' right. title and interest, if -any, in and to that tract containing approximately 402 acres. mots or loss conveyed to Grantee by deed of even date by Jane Pope Akers Ridgway and husband, Ridgway. TRACT D: All of grantors' right. title and interest in and to all real property lying north of O.S. Highway No. 74, east of Hilitary Cut-off Road and the Trask and Grabaa properties, south of Barren Inlet Creek and sootb and vest of the Atlantic Intracoastal Waterway. i 4 PAGE i440 1125 s " STATC 00 g*"."d,estateA7 ��ma-f36 Ta anew atiai ��/.3D, o � RF$bROrO AR4 VER'IFIED RRgEBECCA P. !TICKER 8E10151EIt,ot ate s Dec v 3 51 M IN "A TliiiLot No.................................................,....................................... . Paieei I WMIAar No. ...................... _........ ...... .......... ................. VON" by ...... .... ...._..................... ........................... _... County " the ................ of ........ _.......... _............. .............. 1l.........,.. by.... ..... ..... ..........,........................................................... _... _._.................. .................... _.._.._..._...._........................................ �........_... ,.. !fail after recordist to ................. ............ ............. ............... ................ .... ........ ........ ._..... ,...................................................... This initrumeat was prepared b7.....tAJ�}k$��x_.WAa<.k�l...�1F.t..P..f..klfll111A1d8a .144A..�. skinner ... _.� .. 8rlet description tar the Index Lot 2, Landfall Center, Sec, III NORTH CAROL,INA GENERAL WARRANTY DEED THIS DEED made this ....2Qt11- day of .-...._RFC.0 bML.._.............................. 19..$6....., by and between GRANTOR 1 GRANTER LANDFALL ASSOCIATES, a North Carolina Joint Venture (General Partnership) by WESTMINSTER COMPANY, a General Partner 66 ATRIUM IAWP rs. LIffI' M PAAINIMMP, a North Carolina limited partnership 115 Atriue Way Cloludia, SC 29223 rater ,n apprepetate Nook for ,eeb eertr: ease, address, aka, Y appreprim% ehaeaetee N ea1Nr. e.e, teeperaa" er The deaigattien Grantor and Grantee as used hereto shall include said parties, their beirs, successors, and coals=, and shall include singular, plural, masculine, feminine or Raster as required by contest. WITNESSETH, that the Grantor, for s valualie consideration paid by the Grantee, the receipt of which is hereby aclmowledged, has and by these presests does Smut, bargain. sell and convey onto the Grantee in fee simple, all that or near eertatn lot or parcel of land situated InAe City of ............. W 01iu}iton ...... ......... .. Harnett ........._.........ti Tewasblp. __,,,,_, INew_llAigever County, North Carollas and more particularly described as follows: BRING all of Lot 2, Landfall Center, Section III, as shown on sap recorded in'Msp.Book 28, page 171, New Hanover County Registry. For reference sea that sap recorded in Map Book 29, page 54, New Hanover County Registry, whereon the name of that street upon which the subject property fronts has been changed from Chancellor Drive to Commonwealth Drive, TOGETHER WITH the rights, responsibilities and•easemeats contained in the Declaration of Restrictions, Conditiotis,.lasewnts, Covenants,. ••.Agreemente, Liens and'Charges -for Landfall Center; Section III, dated and recorded Dacemkier 21. 1988, in the New Hanover'County Registry. AEiUNNED TO & . tyL µ' 144US K.r Mr Am. ro. im s 9 ins, a..wd isni. Will WO 1.1 8 ft *"'* li"'"bDe descr%" was Ae+atnd by Greater by Walrommt recorded bon A map dw*lns the abovi dobtibed prbpeeiy is tedordei in'PNtt Book .._....,.„..2§......... ...,. Pase:............ TO 1114 ARD10110to the afopeaitld lot or pireei of land sad all pNvUesls and appurteirrinced thereto 6elo»ft bethe Granter In fee simple. And the Grantor eemente with the Goatee, that Grantor is seised of the premiss in fee simple, he's the right to'convey the same In fee oimple, that title is m rimtsbte and free sad clear of all enoumbrancee, and that Grantor will rrturaat and attend the title *slant the lawful claims of all persons whomsoever except for the exceptloaa here reatar stated Title to the property herelaabove described is ambled to the following exceptions: This property is conveyed and accepted subject to easements of record affecting said property and that Declaration of Restrictions, Conditions, Basements, Covenants, Agreements, Liens and Charges -for Landfall Center, Section III, duly recorded in the New Hanover County Registry. Ilr wlrxga Aaaaeor. Me agntot AN UMMUMa art bk alas and Mar, N N aMrawh bM aaMM ah "OraAMlt a M ltpaa (. W eaepanN salsa �y m dW MabMA seheh sad as Mal N M baremgs saga by anaarly of non parr K alnaan, as ay aM " "M .boa wrllsn. LANDFALL ASSOCIATES, a North Carolina (SEAL) — •---------•.........__»---........ --------•---..»�...v�ns4!•._(S��ltax�_pat�4��p1__._._.aanw (CarpwaM Nam k a: -•-............... »........... .-... O Bx_ NBSTMIN SR C91 AMY asswV ........................»r.Mw.ni .... td - A - Pa .. ."/1.�/111111/6///h A wrrasl: LV� -- 9Y.. --------------------•-................................. ---- �. nn Vic�Frisiden. �w � �0 -------- --------- ---------- s6lnralyor-Doassaay ........ eiA"TAW Noatrn CAROUNA- ----------- -•--------- ----coev, W I, . Naaq rabaa of rre Cerny aaa irala ahreoYa, aertMy lbat _____________ �.: ..._.....-.palala».................»------------- -•_--_-------_-------.»....«.._.-.._..»...r ,N•e� `�`,.;� aay Mount behre no ah day oilacknowbrreed an ""am" M as tawdes IMUUM.ld,'NlYlrll��: •• ' band aM amesl ltaMp w lest, rah -------- to, N__-------- ------ ------------ ---------- IL..._. MyCUMMI AR Mtpinr.............. i� 11_ 1111.„ i .Aa(!•:. Kenn canoiYNA. -»MM M..............Gaay. I. a Malaq shoe of Me con"Y am sIota atem"a, any gat »MA-M&=--__--_----_ nretaab carat beta. AN ran ar ate ad-owmated as «$ is is AM* ---------- ..." or WESTMIE18iBR COMtMPA L............ ...._ — a weft carers rerparau". ate ant ry anaamy only y. shoo AM M ran sat At ON reeperarhs, one tdKdaa IMhaasoat nM airaaa It no salsa 4 AS ........ «.«. ;i Pnddaatleand nob as esrpw M ad age aorta by _. --- u w ..A3 .tA1Gt:__-_-___--- seelaeaes. WIN" sy "Ad and aalhhl $to* K a general partner of Latin ■y aanalrrha p'Mra" ----- ----- a Venture v ra1ne - --- - - - - - - - - ------- ------------- ----- ---- --- W le=!- be eMMeL IN@ MOMMor'aonr PIs Nnukaft we any aeslrerrad as as daft anon Mm ua la al seek end rya nano At one ----- a1OOfY Or aims wen.....- ...1 iQv$�i,.......comen ...- eb • «._ .anWIAN�-naabter. sr Desk MA �Nae. ran Non. r e k"s, "vow [Div. - MM powme soar. PA.son rrm PAMM&C, MW leni.ellaaa.WL tata Imam is ;;; 01.36 Steven F. Siege AWCw L, AT L w L . - 5%wwu roc r..Sftvm Rc" sun! 5 aYq,OM. Nc 26403 nus Imm) wns paws wnstwtr TPIEJMMINATIM 'i•7Z pl Mrttt.�to: m , txi ww/ &)P STATE OF NORTH CAROLINA Tax ID No.: %Qwk/a - OtIJ-A�d- COMM OF NEW MOVER WARRANTY � 20 A11 2 00 2453 0374 �,► THIS DEED, made this dap of October. 1998. by ATUQww6%-Mwl1•w PARTNERSHIP, a Nash Cat+sthra Ilmftd Pwww*Ip. Of 90 4KIINgM DRIVE, WILMINGTON. NC 29M. GRANTOR, to BYRD LANDFALL L rid CilfriORiRtniled IInblRty eotnpraoy, of 3601 Canter Lane, Rg*b. NC 27604 410M ►111TB$R co. Nc .c ts/n/w $12NO.00 WITNESSETH: Real Estate Exd» Tax That said Grantor, for a valaable consideration paid by the Grame. the receipt of which is hereby ackttuwledgod, has bargained and sail, and by these presents does grant. bargain. sell and convey onto the Grantee in fee simple, all that certain lot. tract, or pared of land sbuated in the Carroty of NEW HANOVER and State Of North Carolina, and more particularly described as foRm: BEING ALL OF LOT 2. LANDFALL CENTER, SECTION III, AS SHOWN ON MAP RECORDED IN MAP BOOK 28 PAGE 171. NEW HANOVER COUNTY REGISTRY. FOR REFERENCE SEE THAT MAP RECORDED IN MAP BOOK 29. PAGE yr. NEW HANOVER COUNTY REGISTRY. WHEREON THE NAME OF THAT STREET UPON WHICH THE SUBJECT PROPERTY FRONTS HAS BEEN CHANGED FROM CHANCELLOR DRIVE TO COMMONWEALTH DRIVE, TOGETHER WITH THE RIGHTS, RESPONSIBILITIES AND EASEMENTS CONTAINED IN THE DECLARATION OF RESTRICTIONS. CONDITIONS. EASEMENTS, COVENANTS. AGREEMENTS, LIENS AND CHARGES FOR LANDFALL CENTER, SECTION III, DATED AND RECORDED DECEMBER 21, 1982 IN THE NEW HANOVER COUNTY REGISTRY. SUBJECT TO AN EXISTING DEED OF TRUST FROM ATRIUM LANDFALL LIMITED PARTNERSHIP, A NORTH CAROLINA LIMITED PARTNERSHIP, TO SUBURBAN CAPITAL MARKETS, INC. DATED AUGUST 13. 1996 AND RECORDED IN BOOK 2071, PAGE 7S8, OF THE RECORDS OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY, NORTH CAROLINA. TO HAVE AND TO HOLD the aforesaid lot, arse, or parcel of land, and all privileges and thereto bckmj*g to the said Gans in lee simple; subject. however, to the atoepdoos. reservatkm sad conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seined of said premises in fee Sod has the right to cmtvey In fee A*k; that the title is rrraritetable end free and clefr of an exicumbraooes; atd that Grantor will warrant and defeW the title agamst the lawful claims of all persons whomsoever except for the exct TOM bweioaRer stated. Title to the property hweinabow deacatsl is tptbjeM to the fdlowWg exceptions: (a) subject to County and LA%W Z,oakg Ordit &mm; (b) subject to atandsnd easements far tdlhies; (c) restrictive ooviceaM of retard. if any; (d) tam for mrrmm Fero. Flift-w To 1=AA.30. AtQY+j • '!wrR••. t: ftven F. Siegel wno.r c, m uw La M Sum.. 00 rA$n C= Ro.o sum S .wore■. KC M403 ' •Y The designation Grantor and Grantee at used berein sbalt include said parties. !heir heirs. Successors. and assigns. and shall include suWiv, plarai, mesudime, feminine or mates as M"Ired by context. IN WITNESS WHEREOF. the said Grantor has he euslo set his hand and sal. or if corp2fiame, ca�useedd,th�is iildfpaeat to be signed in its corporate name by its duly a dwrbud oflioers and its adi0e _ __" nazi dyR y auir�r of its Board of Darecrors. lilt �r and year Best above weatlea.1 7 Y ATRIUM LANDFALL, LIMITED PARTNI1RSIil1110 Dr. 11MAINC, No ssb Gemerel Pines Shores R. Sit Q"''`-lsEAl.g�`�S�,r►,.»!~'IC 1� C.OMMMLat (Corporate Seal) STATE OF NORTH CAROLINA r» COUNTY OF NEW HANOVER +hutrnsNp 1, Steven F. Siegel, a Notary Public for New Hanova Comely. North Carolina, certify that Sharon R. Silveraran personally came hefare me Ibis day sed admowledgd that an is Sectatwy of Seas. Inc.. a North Carolina corpotatioo. wkkb is the nob General Partner of Atritmt Landfill limited Partnership. and that by authority duly given and m the sax of the corporation, aping as ewmerai pelmets of Atrium Landfall United Pareeerrhip, the tangoing iastroment was signed in its same by its President, sealed with its corporals sal and attested by her as its Secretary. Wheless my band and official staasp or sod. ells da October. 1996. Public f tilE4fl. MY Commission Expires: stoma d ��tonh�C Nee STATE OF NORTH CAROLINA E a,�p " 2g, 2WO COUNTY OF NEW HANOVER The foregoing eertifrea m of F a Notary Public. is cenWd to be correct. This Is o day of , 1998. >w%. c[" 06 REGISTER OF DEMS FOR NEW HANOVER COUNTY aT Deputyi err Vvg6 2l3®id9i�33 FOR WAISTRpTiO RESISTER OF DEEDS REBEL NiTN NEW Wr VM COUNTY NC 2007 A3i 03:51:25 PM 6K:5136 P6:1223-1225 FEE317.00 NC REV STAPP:31,147.N II��RlM�Ni # 271 1 Bxoise Tax $1,147.00 Recording Time, Book and Page Al BAN 2 7 2015 Tax Lat No. Parcel Menti er No. Portion of Verified by Comfy on the day of by I= Mail AN raw n ft to: Alan X 11019m, Attorney, 213 N. Second Silent, Minsin m, North Canoann 254M. This insimment war prepared by: Reginald S. Hand, Ba4rih,% The Hsmd LawFirm, P.A. OM, SODS Corporate Cantle Drive, Suite 205, Charlotte, Nw& Carotin 211M Brief Description for the Index 1410 Commaaaealib Drive, North Carolina (undivided 10.15% hearest) NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made GRANTOR of January, 2007, by and between Byrd Landfall LLC, a Limited Liability Company Grantor's Tax Mailing Address 13011 Darby Chase Drive Charlotte, North Carolina 28277 GRANTEE The Hansberry Corporation, a Corporation CQEFntee's In Wline Address: 1410 Commonwealth Dr., #201 Wilmington, North Carolina 28405 Soler in sppmprba block mr each party-. aan14 odd rw, sx4 if apprrprLte, anraetar of entity, af. awporatloe or parenenhlp The designation Grantor and Grantee M used bam sh!iH mrkl* mch parties, their heirs, herbs W , M=essors, and assign, and shall include singular, plural, mast tibne, feminine, or neuter as required by col bM. WITNES.SM, that Grantor, for a valuable consideration paid by GrMM, the re -%A of which hereby is admowledged, Zits and by time presents does give, Scam, and convey unto Gramm, in fee simple. AN MIMED TEN and FIFTEEN ONE -HUNDREDTH PE>i;CENT (10.15%) P4TEBEST in and to that certain la or parcel of land situated in the City of Wi1111ington, New Hanover County, North Carolina, and being more particularly described as follows: Lot 2, LANDFALL CENTER, Section III, as shown on Map Book 28, Page 171, in the Office of the Register of Deeds for New Hanover County, North Carolina. For reference see that neap recorded in Map Book 28, Page 54, in the Office of the Register of Deeds for New Hanover County, North Carolina, whereon the name of the street upon which the subject property fronts was changed from Chancellor Drive to Commonwealth Drive. Toegether with the rights, responsibilites and easements contained in the Declaration of Restrictions, Conditions, Easements, Covenants, Agreements, Liens, and Charges for Landfall Center, Section III, dated and recorded December 21,1999, in the Office of the RcgieW of Deeds for New Hanover County, Nadi Carolina. The above -described property was acquired by Grantor by instrument recorded in Book 2453, beginning at Page 373, in the Office of the Register of Deeds for New Hanover County, North Carolllna. A map showing the above -described property is recorded in Plat Book Map 28, at Page 171. [Continued on Page 21 /J('z' TO HAVE AND TO HOLD such lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. AND Grantor covenants with Grantee, that Grantor is seized of such property in fee simple, that Grantor 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 1br the exceptions set forth below. Title to the abov"escribed propmy is subject to the foliowing exceptions: The lien of all valid and enforceable easements, rights -of -way, restrictions, covenants. conditions, and restrictions of record; except, however, this instrument does not reimpose any of the same. IN WITNESS WHEREOF, Grantor has caused this Deed to be signed in its company name by its duly authorized Manager and adopted the seal beside its signature, by authority of its Members, the day and year first above written. u LLCA3r=IK sy: rd E. Byrd, BJ, Manager (SEAL) . Secretary (CORPORATE SEAL) SEAL -STAMP NORTH CAROUNA, MCKI.ENBURG COUNTY , Grow (SEAL) , Grantor (SEAL) 1, Mary E. Strayhorne. a Notary Public of Mecklenburg Conuty and the State of North Carolina, certify that Ricberd E. Byrd, M, Manager Of Byrd LaodW1 LLC, Granmr, personally appeared before me this day and acknowledged the ==canon of the foreinatnmment. Witness my had said official swW or sal, this 30th day of Jesuitry, 20DT My Commission 9*res: October 10, 2010. SEE.-STAhe NORTH CAROLINA, NEW HANOVER COUNTY The foregoing Cartificate(s) 114VINW-11/. / i0 istam certified to be correct. This instrtmmnt and this Certificate: are duly registered at the date and dm and in the Book and Page shown On the first page hCrODE REGM13R OF DEEDS FOR NEW HANOVER COUNTY By- Deputy/Assislam - Register of Deeds FOR RE6RSTRgT10N Ma157ER OF DEED6 NEY �atOl+BR CA IT NC 15@7 u 3i �.. 125 PM 5K:5136 PG: i420 IM FEE:WA NC KV Isms $1 � Excise Tax $10,154.00 *45( Recording Time, Boob and Page Tax Lot No. Parcel Identifier No. Portion of R05612:99HMM Verifted by Coonty on the day of . 2005 by Mail after recording to: Also M. Solana, Attorney, 213 N. Second Streat, Wilmington, North Carellm IUM. This inamment was prepared by: Reginald L Hand, RKphe, The Hamel LawFirm, P.A. (RSH), IM Corporate Cmtw Drip, Smite 208, Charlotte, North CKOHM 28n6, Brief Description for the Index 1410 Commonwealth Drive, North Carolina (undivided 69.85 % Interest) NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 31 GRANTOR Byrd Landfall LLC, a Limited Liability Company Grantor's Tax Mailing Address 13011 Darby Chase Drive Charlotte, North Carolina 28277 and between GRANTEE The Hansberry Corporation, a Corporation Grantee's Tax Mailing Address: 1410 Commonwealth Drive, #201 Wilmington, North Carolina 28405 &rater. is oWspriab block for each party: many dlres, and, u q*rppNah, dander of eaMty. ag. earporades or parmerehip The designation Grawr and Grantee as used heroin shall include such parties, their heirs, pmwgA nTmenWvcs, succmors, and assigns, and shall include singular, Plural, nlasculme, feminine, Or neuter as required by tom. WUNESSETH, that Grantor, for a valuable carmhkrsdom paid by Graotee, the receipt of which hmeby is acknowledged. has and by these presents does give, grant, and eoirey unto Grama, in Lee simple. AN UNOMMED EIGHTY -NBC and EIGHTY-FIVE HUNDREDTH PERCENT (89J15%) INTEREST in and to that certain lot or parcel of land situated in the City of Wilmington. New Hanover County, North Carolina, and being more particularly dewibed as follows: Lot 2, LANDFALL CENTER, Section m, as shown on Map Book 28, Page 171. in the Office of the Register of Deeds for New Hanover County, North Carolina For reference we that map recorded in Map Book 28, Page 54, in the Office of the Register of Duds for New Hanover County, North Carolma, whereon the name of the street upon which the subject property fronts was changed from Chancellor Drive to Commonwealth Drive. Toegether with the rights, responsibilites and easements contained m the Declaration of Restrictions, Conditions, Easements, Covenants, Agreements, Liens, and Charges for Landfall Carter, Section III, dated and recorded December 21,1988, in the Office of the Register of Deeds for New Hanover County, North Carolina. The above -described property was acquired by Grantor by instrument recorded in Book 240, begimming at page 373, in the Offlee of the Register, of Deeds for New Hanover County, North CaroBm. A map slowing the above -described property is recorded M plat Book Map 28, at Page 171. [Contimue:d on Page 21 TO HAVE AND TO HOLD such lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. AND Grantor covenants with Grantee, that Grantor is seized of such property in fee simple, that Grantor 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 set forth below. T iiie to The above -described property is subject to the following exceptions: The lien of all valid and enforceable easements, rights -of -way, restrictions, covenants, conditions, and restrictions of record; except, however, this instrument does not reimpose any of the same. IN WITNESS WHEREOF, Grantor has caused this Deed to be signed in its company name by its duly authorized Manager and adopted the seal beside its signature, by authority of its Members, the day and year first above written. By La dfau LL.C, Grantor By: a t t I,, (SEAL) (SEAL) rd E, Byrd, III, arnager , Grantor (SEAL) (SEAL) Grantor , Secretary (CORPORATE SEAL) SEAL -STAMP NORTH CAROL INA, MBCKLEMURO COUNTY ,`'011111Ilf%,,o, I. May E. Stayhoroe, a Notary Public of Mecidenburg County and the State of North Carolina, certify that Richard E. ,, 0 STF *��','+Brd,Of The M, MMftego�ga of Byrd Landfall LLC, Grantor, personally appeared before me this day and acknowledged the execution Mlr CNYitmas any hand and official stamp or seal, this 301h day of January. 2007. ' To Am Commission Expires: October 10, 2010. , Mary - ' Notary nc SEAL -STAMP NORTH CAROL INA, NEW HANOVER COUNTY The fteesoft cadficaKs) isfam oernified to be correct. This instrument and this certificate are duly registered at tin date and tone and in the Book are Page shown on the first age hereof. REGISTER OF DEEDS FOR NEW HANOVER COUNTY By: DeputylAssisga - Register of Deeds liilligillill 2007912634 FOR REGISTRATION REGISTER OF DEEDS NEWRHANOI�IER (?DUN7YH NC BK:5564 P07 PG 622-672FEE:gj6f e I1M # 2@761291 NORTH CAROLINA NEW HANOVER COUNTY DECLARATION OF CONDON[INIUM FOR ATRIUM AT LANDFALL OFFICE CONDOMINIUM THIS DECLARATION and the exhibits which are attached hereto and made a part hereto by this reference are made and executed this 14th day of March, 2007, by THE HANSBERRY CORPORATION, a North Carolina Corporation, hereinafter called the "Declarant", for itself, its successors, grantees and assigns, pursuant to the provisions of the North Carolina Condominium Act (N.C.G.S. Chapter 47C)(the "Act"). WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of a certain tract of real property (the "Property") situated in NEW HANOVER County, North Carolina, more particularly described on Exhibit "A" attached hereto and made a part hereof, together with ali improvements now or hereafter constructed or located thereon, and all rights, privileges, easements and appurtenances belonging to or in any way pertaining to said real property; and WHEREAS, the Declarant desires to submit all of the property described on Exhibit "A" to the Act. NOW, THEREFORE, the Declarant, as the owner of the property, hereby declares as follows: ARTICLE I MMM10 '4�C'etvL s�•u..r4 Corporations Division Page 1 of 1 "= secewy SECRETARY OF STATE Account Login Click Here To: Register View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: TEDS Enterprises, Inc. Prev Legal: The Hansberry Corporation Business Corporation Information Sosld: 0335828 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 1/3/1994 Fiscal Month: December State of Incorporation: NC Registered Agent: Hansberry, Scott P Corporate Addresses Mailing: 1410 Commonwealth Drive, Suite 201 Wilmington, NC 28401 Principal Office: 1410 Commonwealth Drive, Suite 201 Wilmington, NC 28401 Reg Office: 5710 Oleander Dr Ste 210 Wilmington, NC 28403 Reg Mailing: 5710 Oleander Dr Ste 210 Wilmington, NC 28403 Officers PresidentlTreasurer: Scott P Hansberry 1410 Commonwealth Drive, Suite 201 Wilmington NC 28401 Secretary: Deborah A. Hansberry 1410 Commonwealth Drive, Suite 201 Wilmington NC 28401 Stock Class: COMMON Shares: 100000 No Par Value: Yes http://www.secretary.state.nc.us/Scarch/profcorp/5030997 3/27/2015 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF CHANGE OF OFFICE ANWOR REGISTERED AGENT SOSID: 0335828 Date Filed: 12/4/201411:51:00 AM Elaine F. Marshall North Carolina Secretary of State C2014 336 00396 Pursuant to §5513-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of changing its registered office and/or registered agent in the State of North Carolina. INFORMATION CURRENTLY ON FILE The name of the entity is: TEDS Enterprises, Inc. Entity Type: E]Corporation, ❑Foreign Corporation, []Nonprofit Corporation, ❑Foreign Nonprofit Corporation, []Limited Liability Company, []Foreign Limited Liability Company []Limited Partnership, []Foreign Limited Partnership, ❑Limited Liability Partnership, []Foreign Limited Liability Partnership The street address and county of the entity's registered office currently on file is: Number and Street: 1410 Commonwealth Drive, Sufte 201 City, State, Zip Code: Wilmington, NC 28403 County: New Hanover The mailing address if dWerent from the street address of the registered office currently on file is: The name of the current registered agent is: Scott P. Harsbeny NEW INFORMATION 1. The street address and county of the new registered office of the entity is: (complete this item only if the address of the registered office is being changed) Number and Street: 5710 Oleander Drive, Suite 210 City, State, Zip Code: Wilmington, NC 28403 County: New Hanover. 2. The mailing address if different from the street address of the new registered office is: (complete this item only if the address of the registered office Is being changed) 3. The name of the new registered agent and the new agent's consent to appointment appears below: (complete this item only if the name of the registered agent is being 972ksm Svoti F. Hansberry-'Rraj , C� Type or Print Name of New Agent r lure & Titl 4. The address of the entity's registered office and the address of the business office of its regis d as changed, will be identical. 5. This statement will be effective upon filing, unless a date and/or time is specified: This is the 28 day of November , 2014 TEDS EnWOrIRS, Inc. �.Imw ignature Scott P. Hansberry, PresidentlDeasurer Type or Print Name and title Notes: Filing fee is S5.00. This document most be cited with the Secretary of State. * Instead of sigui ng but, the new registered agent may sign a separate written consent to the appointment, which most be attached to this statement. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 Revised January 2002 Form BE-06 J SOSED: 0335928 Date filed: 3/221201410:42:00 AM CD-479 (50) Business Corporation Annual Report Elaine R Marshall 10-22-13 North Carolina Secretary of State Name of Business Corporation: TEDS ENTERPRISES, INC. Secretary of S!a+.e!D: 0335828 State of Formation: NC Fisral Year Ending: 12/31 /201.3 ❑ X I hereby certify that an -annual report completed in its ert'Jrety has been submitted and the Information requested below (required by NCGS 55-16-22) has not changed and is therefore complete. Section A: Registered Agent's Information 1 Name of Registered Agent: 2 Signature of the New Registered Agent: 3 Registered Office Street Address & County Section B: Principal Office Information 7 Description of Nature of Business: 2 Principal Office Phone Number. 4 Principal Office Street Address & County Section C: OffiCers (Enter additional Officers In Section E.) Name: Name: Title: Title: Address: Address: (Signature constitutes consent to the appoMnent) 4 Registered Office Mailing Address 3 Principal Office Email: 5 Principal Office Mailing Address Name: Title: Address: Section D: Certification of Annual Report Section D must be completed in its entirely and signed by a person listed under'Section C, or a person signing for an entity listed under Section C. Signature (Foam must be signed bytalkfficer of corporation) Print or Type Name 3 Date �'b Tile NCGZ05GI 12f17113 C201117300263 State of North Carolina Department of the Secretary of State ARTICLES OF AMENDMENT BUSINESS CORPORATION SOSID: 0335828 Date Filed: 6/22/20113:09:00 PM Elaine F. Marshall North Carolina Secretary of State C201117300263 Pursuant to §55-10-06 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following Articles of Amendment for the purpose of amending its Articles of Incorporation. 1. The name of the corporation is: The Hansberry Corporation 2. The text of each amendment adopted is as follows (State below or attach): To channge the legal name of the corporation to; TEDS Enterprises, Inc. 3. If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment, if not contained in the amendment itself, are as follows: N/A 4. The date of adoption of each amendment was as follows- 6/20/2011 5. (Check- either a, b, c,-or d, whichever is applicable) a. The amendment(s) was (were) duly adopted by the incorporators prior to the issuance of shares. b. The amendment(s) was (were) duly adopted by the board of directors prior to the issuance of shares. c. The amendment(s) was (were) duly adopted by the board of directors without shareholder action as shareholder action was not required because (set forth a briefexpkwa#on ofwhv shareholder action was -not required.) d. V The amendment(s) was (were) approved by shareholder action, and such shareholder approval was obtained as required by Chapter 55 of the North Carolina General Statutes. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form B-02) C201117300263 ARTICLES OF AMENDMENT Page 2 6. These articles will be effective upon filing, unless a delayed time and date is specified: 21 day of June 2011 The Hanaberry Corporation Name of otpor tion Si tore Scott P. Hansberry, Preside Type or Print Name and Title NOTES: 1. Filing fee is $50. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form. IM2) STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION TIME/DATE NAMEro REPRESENTING Guidelines for Access: The staff of Wilmi n&n Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: x. 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