SW3140402_Property Deed_20140501

FILED
UNION COUNTY, NC
CRYSTAL CRUMP
REGISTER OF DEEDS
FILED Jul 08, 2013
AT 01:55 pm
BOOK 06046
START PAGE 0026
END PAGE 0030
INSTRUMENT # 23366
EXCISE TAX $1,300.00
AH
Prepared by: Grier Furr & Crisp, PA, 101 N. Tryon St., Ste. 1240, Charlotte, NC 28246
Mail after recording to: Nathan W. Worsley, III, P.O. Box 231, Davidson, NC 28036
Excise Tax—$1,300.00
Tax IDif--06-228-004E, 06-228-004G, 06-228-010 & 06-228-010A
STATE OF NORTH CAROLINA
COUNTY OF UNION
TRUSTEE'S DEED
THIS TRUSTEE'S DEED made the 5th day of July, 2013 by and between EDWARD P.
BOWERS (hereinafter referred to as "Grantor"), Trustee for the Marvin-Waxhaw Associates/Nolan
Liquidating Trust established by agreement dated January 25, 2011 (hereinafter referred to as the
"Liquidating Trust"), 219 Wilmot Drive, Gastonia, North Carolina 28054, and BLUE HEEL LDC, LLC
(hereinafter referred to as "Grantee"), P.O. Box 231, Davidson, North Carolina 28036.
WITNESSETH:
WHEREAS, a Petition was filed under Chapter 11, Title 11 of the United States Code by the
debtors, William Joseph Nolan, III and Martha Louise Hemphill -Nolan (the "Debtors") on June 5, 2009,
in the United States Bankruptcy Court for the Western District of North Carolina (the "Bankruptcy
Court"), and the case is now pending as case number 09-31456 (the "Bankruptcy Case,,).
AND WHEREAS, on January 20, 2011, the Bankruptcy Court entered its Order confirming the
plan of liquidation proposed by Grantor in the Bankruptcy Case (the "Confirmation Order"), pursuant to
which all valuable assets of the Debtors' bankruptcy estate, including interests in the real property
described as Parcel 1 on Exhibit A attached hereto and made a part hereof by reference ("Parcel 1 "), were
transferred to the Liquidating Trust free and clear of liens, to be held and ultimately liquidated for the
benefit of the Debtors' creditors;
AND WHEREAS, shortly before filing for bankruptcy, the Debtors executed a general warranty
deed recorded in Book 5125, Page 599, of the Union County Public Registry conveying their fee simple
interest in the real property described as Parcel on Exhibit ("Parcel2") to Derick and Daniella
Hemphill (the "Hemphills");

AND WHEREAS, Grantor sued the Hentphills to avoid the conveyance of Parcel as a
preferential transfer, and the Bankruptcy Court entered a judgment on October3, 2012 voiding the
aforementioned deed and declaring Grantor to be the holder of all legal and equitable interest in Parcel 2,
which judgment is recorded in Book 5882, Page 506, of the Union County Public Registry;
AND WHEREAS, a separate Petition was filed under Chapter 11, Title 11 of the United States
Code by Lake Louise, LLC ("Lake Louise") on January 9, 2012 before the Bankruptcy Court, case
number 12-30049 (the "Lake Louise Bankruptcy Case'');
AND WHEREAS, on October I, 2012, the Bankruptcy Court entered its Order confirming the
plan of liquidation proposed by Lake Louise in the Lake Louise Bankruptcy Case (the "Lake Louise
Confirmation Order"), pursuant to which the real property described as Parcel 3 on Exhibit A ("Parcel 3")
was transferred to Grantor, free and clear of any and all claims, liens, charges, encumbrances, and
interests whatsoever, except any liens resulting from outstanding ad valorem taxes owed to Union
County;
AND WHEREAS, a limited warranty deed evidencing the aforementioned transfer of Parcel 3
from Lake Louise to Grantor accomplished by the Lake Louise Confirmation Order is recorded at
Book 5882, Page 497, of the Union County Public Registry;
AND WHEREAS, after a motion and a hearing pursuant to 1 I U.S.C. § 363, 11 U.S.C. § 102(1),
and Rules 2002 and 6004 of the Federal Rules of Bankruptcy Procedure, Grantor has been authorized by
the Bankruptcy Court's Order Approving Sale of Real Property Free and Clear of Liens (the "Sale
Order") to transfer Parcel 1, Parcel and Parcel (collectively, the "Real Property") to Nathan W.
Worsley, III ("Worsley");
AND WHEREAS, Worsley has assigned his interest in the Real Property to Grantee;
AND WHEREAS, the Sale Order, which is attached hereto as Exhibit B and made a part hereof
by reference, explicitly provides that the transfer to Grantee shall be free and clear of any and all claims,
liens, charges, encumbrances, and interests whatsoever, with any valid liens transferring to the proceeds
of the sale;
AND WHEREAS, Grantor has fully complied with the United States Bankruptcy Code, the
Confirmation Order, the Sale Order and all other orders entered in the Bankruptcy Case and Grantor has
full authority pursuant to the same to execute this Trustee's Deed.
NOW THEREFORE, in consideration of the premises, in furtherance of the Confirmation Order
and the Sale Order, and for a valuable consideration paid by or on behalf of Grantee, Grantor has and by
these presents does grant, bargain, sell, and convey to Grantee all such interest as is property of the
Liquidating Trust in the Real Property.
AND Grantor covenants with Grantee that Grantor has done nothing to impair such title as
Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons
claiming by, under or through Grantor, other than ad valorem taxes not yet due and payable.
AND all improvements, if any, located on the Real Property are conveyed "as is, where is" and
without any representations or warranties of any kind.
AND none of the Real Property is the principal residence of Grantor.

TO HAVE AND TO HOLD the Real Property, all privileges and appurtenances thereto, and any
corresponding interests described above belonging to Grantee in as full and ample a manner Grantor is
authorized and empowered to convey by Title 11, U.S. Code.
IN WITNESS WHEREOF, Grantor has hereunto set his signature and seal, this day and year
first above written.
Grantor:
E• ` it:� (SEAL)
Edward P. Bowers, as and only as Trustee for the
Marvin-Waxhaw Associates/Nolan Liquidating
Trust, and not individually
219 Wilmot Drive
Gastonia, North Carolina 28054
Telephone: [phone] Fax:[phone]
STATE OF NORTH CAROLINA
COUNTY OF
1, .4 k, u eo Ant. o r , a Notary Public for said County and State, do hereby certify that
Edward P. Bowers, as and only as Trustee for the Marvin-Waxhaw Associates/Nolan Liquidating Trust,
and not individually, personally, appeared before me this day and acknowledged the due execution of the
foregoing instrument.
this the jll day of July, 2013.
Notary Public
(Official SeDi Mecklenburg County S /7
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Notary Public
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The foregNtngyi WctiflCate of is certified to be correct. This instrument and this
certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof.
CLERK OF COURT OF UNION COUNTY
BY:
Deputy/Assistant Clerk of Court

EXHIBIT A
Parcel 1 (tax id# 06-228-004EI:
BEGINNING at an iron set in the southern line of Walter E. Galbreath, III property as described in Deed
Book 404 at Page 934, Union County Registry, said iron being located North 72-3816 West 193.12 feet
from an iron found in Cochrane Branch in the fine of Marjorie E. Fincher property as described in Deed
Book 271 at Page 689, Union County Registry; thence from said beginning point North 72-38-16 West
205 feet to an iron set, a new comer, thence five new lines in the Charles and Patricia McGee property as
described in Deed Book 387 at Page 704, Union County Registry as follows: South 28-0845 West
375.39 feet to a point in the centerline of a 20' easement, crossing an iron set at 358.27 feet; thence along
and with the centerline of said easement three calls as follows: 1", South 55-1-20 East 60.81 feet to A
point; 2nd, South 5847-34 East 140.7 feet to a point; and P, South 57-35-57 East 3.96 feet to a point, a
new corner; thence North 20-40-35 East 428.63 feet (crossing an iron at 21.26 feet) to the point and place
of BEGINNING, containing 1.88 acres, more or less, per plat and survey by F. Donald Lawrence &
Associates, dated December 16, 1987.
ALSO conveyed herein is a non-exclusive easement for the purpose of ingress, egress and regress in the
herein described 1.88 acres tract from SR 1307 and more particularly described in deed from Charles H.
McGee and wife, Patricia G. McGee to Chris Hope, III and wife, Gloria M. Hope, recorded in Book 432
at Page 782, Union County Registry.
The above -described property is subject to the provision and conditions set forth in deed from Charles H.
McGee and wife Patricia G. McGee to Chris Hope, III and wife, Gloria M. Hope as recorded in Book 432
at Page 782, Union County Registry.
BEING the same property conveyed to William J. Nolan, III and wife, Louise C. Hemphill -Nolan by
Gloria M. Hope, as shown on the North Carolina general warranty deed recorded in Book 3744, Page 641
of the Union County Public Registry.
Parcel 2(tax id# 06-228-004G):
BEGINNING at a nail set in the centerline of a 60' right-of-way of Waxhaw-Marvin Road (SR 41107),
said nail set being located in the southwestern confer of the property of Mary S. Vermuelen, now or
formerly, as shown in Deed Book 691 at Page 424, Union County Registry; thence leaving said centerline
and running with the southern property line of the aforementioned Mary S. Vermuelen, the following four
calls: 1', South 77-13-40 East 21.01 feet to %' rebar found; 2°d, South 77-13-40 East 9.08 feet to a %"
rebar set on the eastern edge of the aforementioned 607 right-of-way of Waxhaw, Marvin Road (Sr
#1307); 3rd, South 77-13.40 East 281.74 feet to 5/8" rebar found; 4'h, South 73-25-14 East 345.01 feet to
a 3/4" rebar found, said rebar found being located in the northwesternmost corner of the property of Chris
Hope, III, et al, now or fonnerly, as shown in Deed Book 432 at Page 782, Union County Registry;
thence running with the western property line of the aforementioned Chris Hope, III, et al South 19-24-22
West 375.39 feet to a nail set in an Asphalt Drive and an existing 20' Access Easement; thence running
South 32-55-52 West 5.00 feet to a nail set in said centerline of the aforementioned 60' right-of-way of
Waxhaw-Marvin Road (SR # 1307); thence running anew line the following eight calls: 1', North 57-04-
08 West 60.29 feet to a point; 2"d, North 48-21-08 West 83.67 feet, a chord distance of 83.35 feet with a
radius of 275.00 feet to a point; 3`d, North 39-38-08 West 4.96 feet to a point; 4 h, North 52-09-16 West
142.02 feet, a chord distance of 140.90 feet with a radius of 325.00 feet to a point 5", North 64-40-24
West 14.71 feet to a point; 61h, North 73-54-11 West 169.14 feet, a chord distance of 168.41 feet with a
radius of 525.00 feet; 71h, North 83-07-57 West 91.08 feet to a rebar set in the eastern edge of the
aforementioned 60' right-of-way of Waxhaw Marvin Road; and 8"', North 83-07-57 West 30.26 feet to a

nail set in said centerline; thence running with said centerline the following three calls: 1", North 00-35-
07 West 80.96 feet to a point; 2"", North 01-07-00 East 100.01 feet to a point; and 3, North 08-19-17
East 100.02 feet to a nail set, the point and place of BEGINNING and containing 420 acres, more or less,
as shown on that certain survey entitled "Boundary Survey for Patricia Gamble McGee", prepared by
James D. McAuley, RLS, dated December 28, 2002.
BEING the same property conveyed to William J. Nolan, III and wife, Louise C. Hemphill -Nolan by
Patricia G. McGee, as shown on the North Carolina general warranty deed recorded in Book 3744,
Page 639 of the Union County Public Registry.
Parcel 3 (tax id# 06-228-010 & 06-228-010A):
ALL OF LOT ONE (1) AND LOT TWO (2) as shown on plat entitled "Final Plat for Mary S.
Vermuelen" and recorded in Plat Cabinet G, File 769, Union County Registry, to which reference is
hereby made for more particular description.
BEING the same property conveyed to Lake Louise, LLC by Mary S. Vermeulen, as shown on the North
Carolina general warranty deed recorded in Book 3595, Pane 121 of the Union County Public Registry.