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HomeMy WebLinkAboutMillbridge Phase 7D - DB 5377 PG 235377 0023 FILED UNION COUNTY, NC CRYSTAL CRUMP REGISTER OF DEEDS FILED Aug 12, 2010 AT 01:30 pm BOOK 05377 START PAGE 0023 END PAGE 0074 INSTRUMENT # 19638 EXCISE TAX 141,121.00 MBM NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $47,021.00 Tax Lot Nos. See Exhibit "B" attached hereto Verified by by Mail after recording to: Grantee Parcel Identifier No. County on the day of This instrument was prepared by: McGuireWoods LLP, 201 N. Tryon Street, Suite 3000, Charlotte, North Carolina 28202 (ZDM) Brief Description for the Index Millbridge Subdivision THIS DEED made as of this 1 lth day of August, 2010, by and between GRANTOR ATLAS UNION SPE, LLC, a North Carolina limited liability company c/o Branch Banking and Trust Company 200 West Second Street Winston-Salem, North Carolina 27101 GRANTEE WSLD MILLBRIDGE VI, L.L.C., a Delaware limited liability company c/o Walton Street Capital, L.L.C. 14502 900 North Michigan Avenue, Suite 1900 Chicago, Illinois 60611 Attn: Luke G. Massar Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Union County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. \11122036.4 5377 0024 All or a portion of the property herein conveyed does not include the primary residence of Grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Book 5078, Page 618. A map showing the above -described property is recorded in the plats set forth in Exhibit "B" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee, that Grantor 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, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (a) The lien of ad valorem real property taxes and assessments for the current year (prorated as of the recording date of this instrument) and for subsequent years, and (b) the matters of record encumbering the property as set forth on Exhibit "C" attached hereto. Grantee hereby accepts title to the property hereinabove described AS IS, WHERE IS, with all faults. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized officer, the day and year first above written. ATLAS U ION SPE, LC, a North Carolina limited liability company By: Name: Otis B. Northington Title: Vice President SEAL -STAMP NORTH CAROLINA, MECKLENBURG COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Otis B. Northington. Date:U�a Notary P blic [Official Seal] Print Name: My commission expires: 2 \11122036.4 Special Warranty Deed -- Millbridge 5377 0025 EXHIBIT "A" Legal Description MILLBRIDGE FIRST: McDonald- North Carolina Being all of that piece or parcel of land lying within the Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: Beginning at an iron pin found within the Kratt "Tract I1I" property (now or formerly) as recorded in Deed Book 712 Page 38 as recorded in the Union County, North Carolina Register of Deeds, said point having NC NAD 83 Coordinates of N 432947.5289 E 1466728.5145, said iron also being located N 69-04-26 W 4564.88' (ground distance), 4564.26' (grid distance) from NCGS Monument Oak having NC Grid Coordinates of N 431317.3526 E 1470991.7234, thence from said point of beginning along a line within the Kratt Property (now or formerly) S 12-54-15 W 640.73' to an iron pin found at the northern most corner of the Stack Property (now or formerly) as recorded in Deed Book 1433 Page 543 of the Union County, North Carolina Register of Deeds, thence with the western line of Stack S 12-35-15 W crossing an iron pin found at 1157.66' a total distance of 1614.35' to an iron pin set in the northern right of way for the S.A.L. Railroad, thence along the northern right of way for the S.A.L. Railroad N 82-42-06 W 64.40' to an iron pin set in the northern right of way for S.A.L. Railroad, thence continuing with the northern right of way for the S.A.L. Railroad N 80-30-16 W 918.89' to an iron pin set in the northern right of way for the S.A.L. Railroad, said point also being in the eastern line of the Jenkins Property (now or formerly) as recorded in Deed Book 61 Page 182 of the Lancaster County, South Carolina Register of Deeds, thence along the eastern line of the Jenkins Property N 07-41-53 E 400.0l' to a cross tie found on the southern right of way for Hancock Road, thence N 07-41-53 E 32.34' to an iron pin set on the northern right of way for Hancock Road, thence along the eastern line of the McDonald Property (now or formerly) as recorded in Deed Book 10 Page 274 of the Lancaster County, South Carolina Register of Deeds N 07-41-53 E 1648.88' to an iron pin set at the southwest corner of the Kratt Property "Tract I" (now or formerly) as recorded in Deed Book 712 Page 38 of the Union County, North Carolina Register of Deeds, said iron pin being located S 07-41-53 W 463.12' from an iron post found in a stone pile located at the northeast corner of McDonald Property (now or formerly) as recorded in Deed Book 10 Page 274 of the Lancaster County, South Carolina Register of Deeds, thence along the southern line of the Kratt "Tract I" property S 88-55-51 E crossing a point in the western line of Kratt "Tract III" property at 1157.27' a total distance of 1186.50' to the point and place of beginning, said tract containing 53.523 Acres according to a survey prepared by Carolinas Design Group, PLLC dated November 26, 2003. It being the same property conveyed to Sandler at Kensington, L.L.C., a Virginia limited liability company, by deed from Matthew Garth McDonald and wife Melissa L. McDonald and A. Leigh McDonald, unmarried and John Caldwell McDonald, III, unmarried, dated March 10, 2004, and recorded March 10, 2004, in Book 3375, at page 121, in the Union County Register of Deed's Office. \11122036.4 3 5377 0026 SECOND: Stack Being all those certain tracts or parcels of land lying in the Town of Waxhaw, Union County, North Carolina, and being more particularly described as follows: Tract 1: BEGINNING at an existing iron pin being the northern corner of the Vernon Keith Stack and the Kimberly Stack Property as recorded in Deed Book 1433 Page 543 of the Union County Register of Deeds and having Grid Coordinates of NA32321.21 E:1466586.54 and being a common corner of the Sandler at Kensington, L.L.C. property described as the "Krat Tract" in a deed recorded in Deed Book 3332 Page 054 of said Registry, said existing iron pin also being located S 13 degrees 16 minutes 12 seconds East 132188.92 feet (grid distance) from NCGS monument "Charlotte CORS" having grid coordinates of N: 560980.53 and E: 1436243.62; THENCE with the northeastern line of the Stack Property and the Southwestern line of the Sandler at Kensington, L.L.C. Property South 28 degrees 40 minutes 26 seconds East for a distance of 814.97 feet to an existing iron pin; THENCE running with the southwestern line of the Sandler at Kensington, L.L.C. property North 48 degrees 11 minutes 08 seconds East for a distance of 170.27 feet to an iron rebar set being the POINT OF BEGINNING; THENCE running with the southwestern line of the Sandler at Kensington, L.L.C. Property North 48 degrees 11 minutes 08 seconds East for a distance of 40.00 feet to an angle iron; THENCE running with the southern line of the Shirley Long Gamble Property as recorded in Deed Book 317 Page 810 of said Registry South 46 degrees 47 minutes 09 seconds East for a distance of 100.97 feet to a pinched pipe; THENCE running the following four (4) course and distances with the Vernon T. Stack and Grace Gamble Stack Property as recorded in Deed Book 239 Page 78 of said Registry, (1) South 56 degrees 39 minutes 23 seconds East for a distance of 18.26 feet to a iron rebar set; (2) THENCE South 10 degrees 07 minutes 34 seconds West for a distance of 25.42 feet to a railroad spike; (3) THENCE North 78 degrees 27 minutes 55 seconds West for a distance of 41.26 feet to a iron rebar set; and (4) THENCE North 46 degrees 47 minutes 35 Seconds West for a distance of 101.20 feet to an existing iron pin being the POINT AND PLACE OF BEGINNING, containing approximately 0.113 acres as shown as Tract 1 on that certain survey entitled "ALTA/ACSM Land Title Survey for GS Carolina, Town of Waxhaw, Union County, North Carolina having a survey date of February 7, 2005, prepared by David B. Boyles, PLS #L-3135, of LandDesign Surveying, reference to which is hereby made for a more particular description. Tract 2: Stack BEGINNING at an existing iron pin being the northern corner of the Vernon Keith Stack and the Kimberly Stack Property as recorded in Deed Book 1433 Page 543 of the Union County Register of Deeds and having Grid Coordinates of N:432321.21 E:1466586.54 and being a common corner of the Sandler at Kensington, L.L.C. property described as the "Kraft Tract" in a deed recorded in Deed Book 3332 Page 054 of said Registry, said existing iron pin also being located S 13 degrees 16 minutes 12 seconds East 132188.92 feet (grid distance) from NCGS monument "Charlotte CORS" having grid coordinates of N:560980.53 and E:1436243.62; THENCE with the northeastern line of the Stack Property and the Southwestern line of the Sandler at Kensington, L.L.C. Property South 28 \ 11122036.4 5377 0027 degrees 40 minutes 26 seconds East for a distance of 814.97 feet to an existing iron pin being the POINT OF BEGINNING; THENCE running with the southeastern line of the Sandler at Kensington, L.L.C. property North 48 degrees 11 minutes 08 seconds East for a distance of 170.27 feet to a iron rebar set; THENCE running with the property lines of Vernon Keith Stack and Kimberly Stack property as recorded in Deed Book 1433 at page 543 in said Registry the following four (4) courses and distances: (1) South 46 degrees 47 minutes 35 seconds East for a distance of 101.20 feet to a iron rebar set; (2) THENCE South 78 degrees 27 minutes 55 seconds East for a distance of 41.26 feet to a railroad spike; (3) THENCE North 10 degrees 07 minutes 34 seconds East for a distance of 25.42 feet to a iron rebar set; and (4) THENCE North 56 degrees 39 minutes 23 seconds West for a distance of 18.26 feet to a pinched pipe within the right-of-way of Tory Path Road (currently a 60' wide public right-of-way); THENCE running within the aforesaid right of way the following two (2) courses and distances: (1) South 78 degrees 23 minutes 18 seconds East for a distance of 145.61 feet to a iron rebar set; and (2) THENCE South 65 degrees 38 minutes 29 seconds East for a distance of 196.00 feet to a iron rebar set in the southern margin of the aforesaid right of way; THENCE running with the northern line of the Dillon W. & Wanda D. Outlaw Property as recorded in Deed Book 285 Page 375 of said Registry South 67 degrees 48 minutes 43 seconds West for a distance of 468.17 feet to an existing iron rebar; THENCE with the eastern line aforesaid Vernon Keith Stack and Kimberly Stack Property North 28 degrees 39 minutes 29 seconds West for a distance of 246.04 feet to an existing iron pin being the POINT AND PLACE OF BEGINNING, containing approximately 2.069 acres as shown as Tract 2 on that certain survey entitled "ALTA/ACSM Land Title Survey for GS Carolina, Town of Waxhaw, Union County, North Carolina" having a survey date of February 7, 2005, prepared by David B. Boyles, PLS #L-3135, of LandDesign Surveying, reference to which is hereby made for a more particular description. It being the same property conveyed to Sandler at Kensington, L.L.C. a Virginia limited liability company, by deed from Grace Gamble Stack, unmarried aka Lynda Gamble Stack, Lynda Gamble Grace Stack and Lynda Grace Stack, by deed dated February 14, 2005, and recorded February 14, 2005, in Book 3690, at page 0378, in the Union County, North Carolina Register of Deed's Office. Tract 3: BEGINNING at an existing iron pin being the northern corner of the Vernon Keith Stack and the Kimberly Stack Property as recorded in Deed Book 1433 Page 543 of the Union County Register of Deeds and having Grid Coordinates of N:432121.21 E:1466586.54 and being a common corner of the Sandler at Kensington, L.L.C. property described as the "Kratt Tract" in a deed recorded in Deed Book 3332 Page 054 of said Registry, said existing iron pin also being located S 13 degrees 16 minutes 12 seconds East 132188.92 feet (grid distance) from NCGS monument "Charlotte CORS" having grid coordinates having grid coordinates of N:560980.53 and E:1436243.62; THENCE running with the southwestern line of the Sandler at Kensington, L.L.C. Property South 28 degrees 40 minutes 26 seconds East for a distance of 814.97 feet to a existing iron rebar; THENCE with the southwestern line of the Vernon T. Stack and Grace Gamble Stack Property as recorded in Deed Book 239 Page 78 of said Registry South 28 degrees 39 minutes 29 seconds East for a distance of 246.04 feet to a existing iron pin; THENCE running with the western lines of the Dillon W. and Wanda D. Outlaw Property as recorded in Deed Book 285 Page 375 of said Registry and the Jack T. and Paula B. Hamilton Property as recorded in Deed Book 1236 Page 766 of said Registry South 00 \11122036.4 bi 5377 0028 degrees 11 minutes 07 seconds West for a distance of 587.49 feet to an existing iron rebar in the northern right-of-way of the S.A.L, Railroad as described in Deed Book 291 at Page 603 of said Registry; THENCE running with the said right-of-way of the S.A.L. Railroad the following four (4) course and distances: (1) South 74 degrees 58 minutes 18 seconds West for a distance of 95.68 feet to an existing iron rebar; (2) THENCE South 75 degrees 38 minutes 17 seconds West for a distance of 100.80 feet to an existing iron rebar; (3) THENCE South 77 degrees 40 minutes 21 seconds West for a distance of 98.67 feet to an existing iron rebar; and (4) THENCE South 81 degrees 31 minutes 30 seconds West for a distance of 13.14 feet to an existing iron rebar also being the southeast corner of the William H. Ruele, Sr. Property as recorded in Deed Book 3578 Page 534 in said Registry; THENCE running with the Ruele Property the following two (2) courses and distances North 00 degrees 34 minutes 41 seconds East for a distance of 358.29 feet to an existing iron rebar; THENCE North 77 degrees 25 minutes 35 seconds West for a distance of 474.56 feet to an existing iron rebar and being a point in the eastern line of the Sandler at Kensington, L.L.C. Property as recorded on Deed Book 3375 Page 121 of said Registry; THENCE North 12 degrees 34 minutes 09 seconds East for a distance of 1157.38 feet to an existing iron pin being the POINT AND PLACE OF BEGINNING, containing approximately 14.495 acres as shown as Tract 3 on that certain survey entitled "ALTA/ACSM Land Title Survey for GS Carolina, Town of Waxhaw, Union County, North Carolina" having a survey date of February 7, 2005, prepared by David B. Boyles, PLS #L-3135 of LandDesign Surveying, reference to which is hereby made for a more particular description. Tract 4: Stack Property BEGINNING at an existing iron pin being the northern corner of the Vernon Keith Stack and the Kimberly Stack Property as recorded in Deed Book 1433 Page 543 of the Union County Register of Deeds and having Grid Coordinates of NA32321.21 E:1466586.54 and being a common corner of the Sandler at Kensington, L.L.C. as recorded in Deed Book 3375 Page 121 of said Registry, said existing iron pin also being located S 13 degrees 16 minutes 12 seconds East 132188.92 feet (grid distance) from NCGS monument "Charlotte CORS" having grid coordinates of N:560980.53 and E:1436243.62; THENCE with the western line of the Stack Property and the eastern line of the Sandler at Kensington, L.L.C. Property South 12 degrees 34 minutes 09 seconds West for a distance of 115 7.3 8 feet to an existing iron pin being the POINT OF BEGINNING; THENCE running with the Vernon Keith Stack and Kimberly Stack Property as recorded in Deed Book 1433 Page 543 of said Registry the following two (2) courses and distances: (1) South 77 degrees 25 minutes 35 seconds East for a distance of 474.56 feet to an existing iron rebar; and (2) THENCE South 00 degrees 34 minutes 41 seconds West for a distance of 358.29 feet to an existing iron rebar located in the northern right-of-way of the S.A.L. Railroad as described in Deed Book 291 at Page 603 of said Registry; THENCE following the said right -of -way -of the S.A.L. Railroad the following two (2) courses and distances: (1) along a curve to the right having a radius of 1450.00 feet and an arc length of 462.87 feet being subtended by a chord of North 89 degrees 51 minutes 05 seconds West for a distance of 460.91 feet to a new iron rebar, and (2)THENCE North 80 degrees 44 minutes 46 seconds West for a distance of 99.04 feet to an existing iron rebar also being the southeast corner of the Sandler at Kensington, L.L.C. Property; THENCE running with the eastern line of the Sandler at Kensington, L.L.C. Property North 12 degrees 34 minutes 09 seconds East for a distance of 455.37 feet to an existing iron pin being the POINT OF BEGINNING, containing approximately 4.992 acres as shown as Tract 4 on that certain survey entitled "ALTA/ACSM Land Title Survey for GS \11122036.4 G 5377 0029 Carolina, Town of Waxhaw, Union County, North Carolina" having a survey date of February 7, 2005, prepared by David B. Boyles, PLS #L-3135, of LandDesign Surveying, reference to which is hereby made for a more particular description. Together with any right, title and interest of Grantor to that certain 20-foot driveway easement as described in that certain deed recorded in Book 239 at Page 78 of the Union County Register of Deeds and in that certain deed recorded in Book 3578 at Page 534 of the Union County Register of Deeds. THIRD: Craig Tract Being all of that piece or parcel of land lying within the Town of Waxhaw Union County, NC and being more particularly described as follows: Beginning at an iron pin in the line of the Grossman Property (now or formerly) as recorded in Deed Book 1607 page 504 of the Union County, North Carolina Register of Deeds, said iron pin having NC NAD 83 Coordinates of 432806.7287 E 1470904.5183, said iron pin also being located N 03- 21-03 W 1492.13' (ground distance)1491.93' (grid distance) from NCGS Monument oak having NC Grid Coordinates of N431317.3 526 E 1470991.7234, thence from said point of beginning with the common lines of Grossman the following 8 courses and distances: N 41-56-03 W 188.79' to an iron pin found, thence S 70-46-50 W 225.22' to an iron pin found, thence S 81-01-52 W 240.99' to an iron pin found, thence N 39-56-30 W 422.40' to an iron pin found, thence N 85-32-45 E 252.2l' to an iron pin found, thence N 61-50-25 E 212.05' to an iron pin found, thence N 28-57-11 E 410.15' to an iron pin found, thence S 40-16-50 E 359.26' to an iron pin found, thence N 29-36-54 E 984.29' to an iron pin set in the western line of the Davis Property (now or formerly) as recorded in Deed Book 308 Page 503 of the Union County, North Carolina Register of Deeds, thence along the western line of Davis S 40-46-3 5 E 174.68' to an iron pin found, thence along the southern line of Davis N 70-05- 11 E crossing an iron pin found on the western right of way line of Waxhaw Marvin Road (60' public right of way) at 260.22' a total distance of 290.40' to a point in the centerline of Waxhaw Marvin Road, thence with the centerline of Waxhaw Marvin Road S 21-45-02 E 268.23' to a point in the centerline of Waxhaw Marvin Road, thence along the common lines of the Craig Property (now or formerly) as recorded in Deed Book 386 page 515 of the Union County, North Carolina Register of Deeds the following 3 courses and distances: S 69-58.25 W crossing an iron pin set in the western right of way of Waxhaw Marvin Road at 30.01' a total distance of 196.68' to an iron pin set, thence S 29-20-42 W 543.40' to an iron pin found, thence S 40-42-33 E 209.38' to an iron pin found in the rear line of Lot 9 of the Applewood Subdivision Phase 3 as recorded in the Plat Cabinet B Page 196B of the Union County, North Carolina Register of Deeds, thence along the rear lines of Lot 9 and Lot 8 S 29-47-27 W 27.00' to an iron pin found in the rear line of Lot 8, thence along the common lines of the Hamilton Property (now or formerly) as recorded in Deed Book 1236 Page 766 of the Union County, North Carolina Register of Deeds the following 6 courses and distances: S 64- 32-27 W 70.50' to an iron pin set, thence S 76-47-27 W 105.00' to an iron pin set, thence S 83-02-27 W. 259.00' to an iron pin set; thence N 89-57-25 W 68.65' to an iron pin found, thence S 28-32-11 W 266.49' to an iron pin found, thence S 28-23-53 W 69.40' to an iron pin found at the corner of the Grossman Property (now or formerly) as recorded in Deed Book 1607 Page 504 of the Union County, North Carolina Register of Deeds, thence along a commencing line with Grossman S 28-23- \11122036.4 5377 0030 53 W 29.90' to the point and place of beginning, said tract containing 21.343 Acres according to a survey prepared by Carolinas Design Group, PLLC dated November 3, 2003. FOURTH: Gordon Tract Being all of that piece or parcel of land lying within the Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: Beginning at an iron pin found at the southeast corner of Lot 2 as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds said iron pin having NC NAD 83 Grid Coordinates of 433879.3288 E 1467778.0644, said pin also being located 51-26-15 W 4110.47' (ground distance), 4109,91' (grid distance) from NCGS Monument Oak having NC Grid Coordinates of N 431317.3526 E 1470991.7234, thence from said point of beginning with the eastern line of Lot 2 as referenced above N 08-51-06 E 558.06' to an iron pin found in the southern line of Lot 88 as recorded in Plat Cabinet B Page 77A of the Union County, North Carolina Register of Deeds, thence along the southern line of Lot 8B as referenced above S 86-39-10 E 145.98' to an iron pin found at the southwest corner of Lot 7 as recorded in Plat Cabinet B Page 46A of the Union County, North Carolina Register of Deeds, thence along the southern line of Lot 7 as referenced above S 86-39-10 E crossing a point in the western line of the Howie Property (now or formerly) as recorded in Deed Book 610 Page 717 as recorded in the Union County Register of Deeds at 722.86' a total distance of 749.52' to an iron pin found within the property of Howie (now or formerly), thence along a line within the Howie Property S 06-07-01 W 141.54' to a point in the northern line of the Grossman Property (now or formerly) as recorded in Deed Book 1607 Page 504 as recorded in the Union County North Carolina Register of Deeds, said point being located N 81-01-25 E 26.58' from the northwest corner of the Grossman Property, thence along a line within the Grossman Property S 06-07-01 W 414.76' to an iron pin found at the northwest corner of the Lot 4A as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds, thence along the northern line of Lot 4A as referenced above N 86-38-34 W crossing a point in the western line of the Grossman Property at 14.79' a total distance of 922.15' to the point and place of beginning said tract containing 11.591 Acres according to a survey prepared by Carolinas Design Group, PLLC dated November 25, 2003. It being the same property conveyed to Sandler at Kensington, L.L.C. a Virginia limited liability company, by deed from Linda S. Gordon and spouse, Bobby William Gordon, dated December 30, 2003, and recorded December 30, 2003, in Book 3320, page 029, in the Union County, North Carolina Register of Deed's Office. FIFTH: W. Spittle Tract Being all of that piece or parcel of land lying within the Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: Beginning at an iron pin found in the western line of the Grossman Property (now or formerly) as recorded in Deed Book 1607 page 504 of the Union County, North Carolina Register of Deeds, said iron pin having NC NAD 83 Grid Coordinates of N 433276.0472 E 1468639.5656 said iron pin also \11122036.4 E 5377 0031 being located N 50-12-54 W 3061.32' (ground distance), 3060.90' (grid distance) from NCGS Monument Oak having NC Grid Coordinates of N 431317.3526 E 1470991.7234, thence along the northern line of the Kraft Tract III Property (now or formerly) as recorded in Deed Book 712 Page 38 as recorded in the Union County, North Carolina Register of Deeds N 86-30-50 W crossing an iron pin found at 911.45' a total distance of 1396.21' to an iron pin found at the southeast corner of Lot 1 as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds, thence along the eastern line of Lot 1 as referenced above N 05-01-09 E 548.96' to an iron pin found in the southern line of Lot 2 as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds, thence along the southern line of Lot 2 as referenced above S 86-38-34 E 484.82' to an iron pin found at the southwest corner of Lot 3 as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds, thence with the southern line of Lot 3 as referenced above S 86-48-34 E crossing a point in the western line of the Grossman Property (now or formerly) as recorded in Deed Book 1607 page 504 of the Union County, North Carolina Register of Deeds at 907.36' a total distance of 922.15' to an iron pin found within the Grossman Property thence along a line within the Grossman Property S 06-07-29 W 552.56' to the point and place of beginning said tract containing 17.707 Acres according to a survey prepared by Carolinas Design Group, PLLC dated November 25, 2003. It being the same property conveyed to Sandler at Kensington, L.L.C., a Virginia limited liability Company by deed from William W. Spittle and spouse Linda G. Spittle, dated December 20, 2003, and recorded December 30, 2003, in Book 3320, page 050, in the Union County, North Carolina Register of Deed's Office. SIXTH: McCoy Tract Being all of that piece or parcel of land lying within the Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: Beginning at a railroad spike having NC Grid NAD 83 Coordinates of N 440,033.4095 FT E 1,467,908.5585 FT and being further located S 65-02-19 W 771.81' from a railroad spike located at the intersection of Kensington Road and Waxhaw Marvin Road, thence from said point of beginning with the western line of Union County (now or formerly) as per Deed Book 290 Page 806 as recorded in the Union County, North Carolina Register of Deeds S 25-21-04 E passing iron pins at 30.23' and 426.82' respectively a total distance of 1596.00' to an iron pipe found on the northern bank of Twelve Mile Creek, thence continuing with the western line of Union County S 25-21-04 E 38.61' to a point located near the center of Twelve Mile Creek, thence with the center of Twelve Mile Creek the following 31 courses and distances: S 01-46-04 E 185.00' to a point, S 18-13-56 W 275.00' to a point, S 15-28-56 W 260.00' to a point, S 20-43-56 W 160.00' to a point, S 07-46-04 E 175.00' to a point, S 16-41-04 E 275.00' to a point, S 02-13-56 W 110.00' to a point, S 67-28-56 W 80.00' to a point, N 51-21-04 W 13 5.00' to a point, N 67-01-04 W 290.00' to a point, N 71-11-04 W 150.00' to a point, N 61-01-04 W 260.00' to a point, N 39-46-04 W 535.00' to a point, N 82-21-04 W 100.00' to a point, S 79-08-56 W 240.00' to a point, N 78-31-04 W 185.00' to a point, N 26-31- 04 W 550.00' to a point, N 52-31-04 W 190.00' to a point, S 89-13-56 W 185.00' to a point, N 80- 46-04 W 345.00' to a point, S 78-06-38 W 155.71' to a point, S 31-13-56 W 300.00' to a point, S 05-58-56 W 160.00' to a point, S 35-16-04 E 460.00' to a point, S 25-46-04 E 310.00' to a point, S \11122036.4 9 5377 0032 19-16-04 E 310.00' to a point, S 23-31-04 E 250.00' to a point, S 19-01-04 E 240.00' to a point, S 09-31-04 E 125.00' to a point, S 39-28-56 W 200.00' to a point, S 63-13-56 W 185.00' to a point near the center of Twelve Mille Creek, thence leaving Twelve Mile Creek and running along the common line of K&J Associates (now or formerly) as recorded in Deed Book 58 Page 253 in the Lancaster County, South Carolina Register of Deeds N 35-51-24 W crossing a T iron found on the northern bank of Twelve Mile Creek at 26.74' a total distance of 3,118.90' to an iron pipe found on the southern right of way of Kensington Road, thence continuing with the common line of K&J Associates N 35-51-24 W 27.07' to a railroad spike set in the centerline of Kensington Road, thence with the centerline of Kensington Road the following 36 courses and distances; N 63-39-56 E 31.25' to a point, N 61-50-40 E 328.17' to a point, N 61-35-38 E 180.78' to a point, N 61-33-11 E 263.49' to a point, N 61-32-04 E 184.30' to a point, N 62-50-00 E 52.88' to a point, N 64-12-58 E 52.9l' to a point, N 65-45-47 E 48.64'to a point, N 67-37-55 E 54.02' to a point, N 70-20-50 E 54.28' to a point, N 73-03-00 E 50.89' to a, point, N 76-56-29 E 88.36' to a point, N 80-50-55 E 51.14' to a point, N 82-35-10 E 53.04' to a point, N 83-35-11 E 51.29' to a point, N 84-14-48 E 106.95' to a point, N 85-03-41 E 113.72' to a point, N 84-54-09 E 982.73' to a point N 84-28-47 E 54.45' to a point, N 84-07-43 E 55.23' to a point, N 83-34-39 E 55.24' to a point N 82-52-03 E 52.72' to a point, N 81-53-51 E 51.18' to a point, N 79-53-14 E 45.92' to a point, N 78-42-37 E 50 61' to a point, N 76-36-17 E 50.29' to a point, N 74-42-48 E 50.26' to a point, N 73-09-58 E 53.62' to a point, N 71-17-19 E 54.96' to a point, N 69-41-35 E 55.14 to a point, N 68-26-00 E 51.36' to a point, N 67-08-26 E 49.56' to a point, N 65-56-46 E 51.43' to a point, N 65-34-22 E 52.36' to a point, N 65-15-08 E 54.06' to a point, N 64-44-30 E 346.62' to the point and place of beginning, said tract containing 173.815 Acres according to a survey prepared by Carolinas Design Group, PLLC dated October 31, 2003. It being the same property conveyed to Sandler at Kensington, L.L.C., a Virginia limited liability company, by deed from Joseph B. McCoy, III and wife Phyllis McCoy, Thomas H. McCoy and wife, Robin McCoy, J. Martin McCoy and wife Susan Knight McCoy and Sarah G. McCoy Trust, dated December 30, 2003, and recorded December 30, 2003, in Book 3320, page 018, in the Union County, North Carolina Register of Deed's Office. SEVENTH: Kratt Tract Being all of that piece or parcel of land lying within the Town of Waxhaw, of Union County, North Carolina and being more particularly described as follows: Beginning at an iron pin found at the southwest corner of the Rosa Lee Ganis Property (now or formerly) as recorded in Deed Book 250 Page 362 of the Union County North Carolina Register of Deeds, said iron pin having NC NAD 83 Coordinates of N 432,380.6686 E 1,468,181.2561, said iron also being located N 69-16-35 W 3005.30' (ground distance) 3004.89' (grid distance) from NCGS Monument Oak having NC Grid Coordinates of 431,317.3526 E 1,470,991.7234, thence from said point of beginning with the Northern line of Gamble (now or formerly) as recorded in Deed Book 201 Page 43 of the Union County, North Carolina Register of Deeds S 89-07-10 W 621.99' to an iron pin found at the northwest corner of the Gamble Property, thence along the western line of Gamble S 12-40-44 W 292.18' to an iron pin found at the common corner of the Stack Property (now or formerly) as recorded in Deed Book 1501 Page 764 and the Kennedy Property (now or \11122036.4 10 5377 0033 formerly) as recorded in Deed Book 317 Page 810 of the Union County, North Carolina Register of Deeds, thence along the northern line of the Kennedy Property N 77-07-47 W 189.09' to an iron pin found at the northwestern most corner of the Kennedy Property, thence along the western line of the Kennedy Property S 13-03-32 W 286.17' to an iron pin found in the western line of the Gamble Property (now or formerly) as recorded in Deed Book 201 Page 43 of the Union County, North Carolina Register of Deeds, thence along the western line of the Gamble Property S 48-12-35 W crossing an iron pin at 151.92' a total distance of 362.37' to an iron pin set in the eastern line of the Stack Property (now or formerly) as recorded in Deed Book 1433 page 543 of the Union County, North Carolina Register of Deeds, said iron being located N 28-39-19 W 246.22' from an iron pin found in the north eastern most corner of the Stack Property, thence along the north eastern line of the Stack Property N 28-39-19 W 814.95' to an iron pin found in the eastern line of the McDonald Property (now or formerly) as recorded in Deed Book 550 page 764 of the Union County, North Carolina Register of Deeds, thence along a line within the McDonald Property N 10-19-25 E 635.38' to a point on the common line between McDonald and Kratt "Tract I" (now or formerly) as recorded in Deed Book 712 Page 38 of the Union County, North Carolina Register of Deeds, said point being located N 88-55-51 W 29.23' from the common corner of McDonald and Kratt Tracts, thence along a line within the Kratt "Tract I" Property as recorded in Deed Book 712 Page 38 of the Union County, North Carolina Register of Deeds N 10-19-25 E 448.60' to an iron pin found at the southwest corner of the R. Spittle Property (now or formerly) as recorded in Deed Book 662 Page 29 of the Union County, North Carolina Register of Deeds, thence along the southern line of the R. Spittle Property S 86-30-50 E 467.39' to an iron pin found at the southwest corner of the W. Spittle Property as recorded in Deed Book 662 page 23 of the Union County North Carolina Register of Deeds, thence along the southern line of W. Spittle S 86-30-50 E crossing an iron pin found at 484.76' a total distance of 1,335.94' to an iron pin found, said iron pin being located N 86-30-50 W 60.27' from an iron pin located at the southeast corner of the W. Spittle Property as recorded in Deed Book 662 Page 23 of the Union County, North Carolina Register of Deeds, thence along the western line of the Ganis Property S 23-53-13 W 983.40' to the point and place of beginning, said tract containing 47.232 Acres according to a survey prepared by Carolinas Design Group, PLLC dated November 19, 2003. Kratt #2: Being all of that piece or parcel of land lying within the Town of Waxhaw Union County, North Carolina and being more particularly described as follows: Beginning at an iron pin found within the Kratt "Tract III" Property (now or formerly) as recorded in Deed Book 712 Page 38 of the Union County North Carolina Register of Deeds, said iron pin having NC NAD 83 Coordinates of N 432,947.5289 E 1,466,728.5145, said iron also being located N 69- 04-26 W 4564.88' (ground distance) 4564.26 (grid distance) from NCGS Monument Oak having NC Grid Coordinates of 431,317.3526 E 1,470,991.7234, thence from said point of beginning withthe northern line of McDonald (now or formerly) as recorded in Deed Book 550 Page 764 of the Union County, North Carolina Register of Deeds N 88-55-51 W crossing a point on the western most line of Kratt "Tract III" at 29.23' a total distance of 1186.50' to an iron pin set in the eastern line of McDonald (now or formerly) as recorded in Deed Book 10 page 274 of the land of the Lancaster County, South Carolina Register of Deeds, thence along the eastern line of McDonald (now or \11122036.4 11 5377 0034 formerly) N 07-41-53 E 463.12' to an iron post found in a stone pile, said point being located S 60- 35-04 E 687.87' from an iron post found in a stone pile, thence along the eastern line of St Katherine Properties LLC (now or formerly) as recorded in Deed Book 202 Page 3 51 of the Lancaster County, South Carolina Register of Deeds N 7-20-29 E 2919.70' to a T iron found on the southern bank of Twelve Mile Creek, thence N 14-18-15 E 47.08' to a point near the center of Twelve Mile Creek, thence along the center of Twelve Mile Creek the following 20 courses and distances: N 63-13-56 E 185.00' to a point; N 39-28-56 E 200.00' to a point; N 09-31-04 W 125.00' to a point, N 19-01-04 W 240.00' to a point, N 23-31-04 W 250.00' to a point, N 19-16-04 W 310.00' to a point, N 25-46- 04 W 310.00' to a point, N 35-16-04 W 460.00' to a point, N 05-58-56 E 160.00' to a point, N 31- 13-56 E 300.00' to a point; N 78-06-38 E 155.71' to a point, S 80-46-04 E 345.00' to a point, N 89- 13-56 E 185.00' to a point, S 52-31-04 E 190.00' to a point, S 26-31-04 E 550.00' to a point, S 78- 31-04 E 185.00' to a point, N 79-08-56 E 240.00' to a point, S 82-21-04 E 100.00' to a point, S 39- 46-04 E 535.00' to a point, S 61-01-04 E. 239.92' to a point at the intersection of Twelve Mile Creek and a small branch, thence along the centerline of a small branch following 16 courses and distances: S 16-13-33 E 65.79' to a point, S 15-15-08 E 209.67' to a point, S 14-39-22 W 166.97' to a point, S 31-40-53 W 112.74' to a point, S 08-13-33 W 41.90' to a point, S 21-16-18 E 94.27' to a point, S 36-08-40 E 117.96 to a point, S 33-50-32 E 73.70' to a point, S 41-42-53 E 173.78' to a point, S 61- 09-56 E 80.59' to a point, S 37-39-02 E 31.97' to a point, S 07-00-45 E 101.96' to a point, S 28-27- 24 E 95.83' to apoint, S O4-05-25 E 51.04' to apoint, S 21-11-16 E 79.31' to apoint, S 25-53-21 W 208.72' to a point, thence leaving the small branch and running along the rear of Lots 11 and 10 as recorded in Plat Cabinet B Page 46-A of the Union County, North Carolina Register of Deeds S 29- 24-24 W crossing irons at 20.11' and 419.88' respectively a total distance of 748.45' to an iron pin found at the northwest corner of Lot 9A as recorded in Plat Cabinet B page 58 of the Union County, North Carolina Register of Deeds, thence along the rear line of Lots 9A and 8A S 71-44-21 W crossing an iron pin at 368.66' a total distance of 896.34' to an iron pin found at the northwest corner of Lot 913, thence along the rear lot line of Lot 913 and 8A as recorded in Plat Cabinet B page 77-A of the Union County, North Carolina Register of Deeds S 06-39-18 W crossing an iron pin at 302.37' a total distance of 473.69' to an iron pin found at the common corner of Lot 8A and Lot 2 recorded in Plat Cabinet D page 449 of the Union County, North Carolina Register of Deed, thence along the western line of Lot 2 and Lot 1 as recorded in Plat Cabinet D page 449 of the Union County, North Carolina, Register of Deeds S 08-10-23 W crossing an iron at 557.30' a total distance of 1106.92' to an iron pin found at the northwest corner of the Kratt "Tract III" property (now or formerly) as recorded in Deed Book 712 Page 38 of the Union County, North Carolina Register of Deeds, thence along a line within the Kratt "Tract III" Property S 06-36-18 W 444.83' to the point and place of beginning, said tract continuing 199.617 Acres according to a survey prepared by Carolinas Design Group, PLLC dated November 26, 2003. It being the same property conveyed to Sandler at Kensington, L.L.C., a Virginia limited liability company, by deed from Henry J. Kratt and wife Rita L. Kratt, Theodore J. Kratt and wife Cynthia H. Kratt, Laura A. Kratt and spouse George A Elam and Mary N. Kratt wife of Emil F. Kratt, dated December 30, 2003, and recorded December 30, 2003, in Book 3320, at page 054, in the Union County, North Carolinas Register of Deed's Office. EIGHTH: R. Spittle Tract \11122036.4 12 5377 0035 Being all of that piece or parcel of land lying within the Town of Waxhaw Union County, NC and being more particularly described as follows; Beginning at an iron pin found at the southwest corner of Lot 413 as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds, said point having NC NAD 83 Coordinates of N 433360.9336 E 1467246.1300, said iron pin also being located N 61-23-00 W 4267.40' (ground distance), 4266.81 (grid distance) from NCGS Monument Oak having NC Grid Coordinates of N 431317.3526 E 1470991.7234, thence from said point of beginning along the northern line of the Kratt "Tract III" property (now or formerly) as recorded in Deed Book 712 page 38 of the Union County, North Carolina Register of Deeds N 86-30-50 W 467.39' to an iron pin found in the westerly line of the Kratt "Tract I" Property (now or formerly) as recorded in Deed Book 712 Page 38 of the Union County, North Carolina Register of Deeds, thence along the western line of the Kratt "Tract I" Property N 08-10-23 E 549.62' to an iron pin found at the southwest corner of the Lot 2 as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds, thence with the southerly line of the Lot 2 S 86-38-34 E 437.16' to an iron pin found in the southerly line of the Lot 2, thence along the westerly line Lot 4B as referenced above S 05-01-09 W 548.96' to the point and place of beginning, said tract containing 5.692 Acres according to a survey prepared by Carolinas Design Group, PLLC dated November 25, 2003. It being the same property conveyed to Sandler at Kensington, L.L.C., a Virginia limited liability company, by deed from Ricky J. Spittle and spouse Janet Spittle, dated December 30, 2003 and recorded December 30, 2003, in Book 3320, at page 046, in the Union County, North Carolina. Register of Deed's Office. NINTH: Lowery Tract Being all of that piece or parcel of land lying within the Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: Beginning at an iron pin found in the northeast corner of Lot 413 as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds said iron pin having NC NAD 83 Grid Coordinates of N 433879.3288 E 1467778.0644, said iron pin also being located N 51-26-15 W 4110.47' (ground distance), 4109.91' (grid distance) from NCGS Monument Oak having NC Grid Coordinates of N 431317.3526 E 1470991.7234, thence from said point of beginning along the northern line of Lot 4B as referenced above N 86-38-34 W 484.82' to an iron found at the northeast corner of Lot 1 as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds, thence along the northern line of Lot 1 as reference above N 86-38-34 W 437.16' to an iron pin found at the northwest corner of Lot 1 as referenced above, thence along the eastern line of the Kratt "Tract I" property as recorded in Deed Book 242 at page 38 of the Union County, North Carolina Register of Deeds N 08-10-23 E 557.30' an iron pin found at the southwest corner of Lot 8A as recorded in Plat Cabinet B Page 77A of the Union County, North Carolina Register of Deeds, thence along the southern line of Lot 8A as referenced above S 86-39-10 E 520.16 to an iron pin found at the southwest corner of Lot 813 as recorded in Plat Cabinet B page 77A of the Union County, North Carolina Register of Deeds, thence along the southern line of Lot 813 as referenced above S 86-39-10 E 408.46' to an iron pin found in the southern line of Lot 813 as referenced above, \11122036.4 13 5377 0036 said iron being located N 86-39-10 W 145.98' from the southeast corner of Lot 7 as recorded in Plat Cabinet B Page 46A of the Union County, North Carolina Register of Deeds, thence along the western line of Lot 3 as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds S 08-51-06 W 558.06' to the point and place of beginning, said tract containing 11.798 Acres according to a survey prepared by Carolinas Design Group, PLLC dated November 25, 2003. It being the same property conveyed to Sandler at Kensington, L.L.C. a Virginia limited liability company by deed from Alice S. Lowery and her husband James L. Lowery, dated December 30, 2003, and recorded December 30, 2003, in Book 3320, at page 059, in the Union County, North Carolinas Register of Deeds Office. TENTH: Grossman Tract Being all of that piece or parcel of land lying within the Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: Beginning at an iron pin found at the northeast corner of Lot 5 of the Isaac Grossman Subdivision as recorded in Plat Cabinet G Page 958 of the Union County, North Carolina Register of Deeds, said iron pin having NC NAD 83 Grid Coordinates of N 432166.3296 E 1470458.4780, said iron pin being located N 32-07-59 W 1002.69' (ground distance) 1002.55' (grid distance) from NCGS Monument having NC Grid Coordinates of N 431317.3526 E 1470991.7234, thence from said point of beginning with the northern line of Lot 5 as referenced above S 57-31-58 W crossing an iron pin found at the northwest corner of Lot 5 as referenced above at 200.37' a total distance of 203.57' to an iron pin set in the easterly line of the Wood Property (now or formerly) as recorded in Deed Book 396 Page 863 of the Union County, North Carolina Register of Deeds, thence with the easterly line of the Wood Property N 32-16-57 W 1010.33' to an iron pin found at the northeast corner of the Wood Property, thence along the northern line of the Wood Property N 73-36-00 W crossing iron pins at 232.91', 332.97' and 433.00' respectively a total distance of 1014.95' to an iron pin found at the northeast corner of the Ganis Property (now or formerly) as recorded in Deed Book 250 page 362 of the Union County, North Carolina Register of Deeds, thence along the common lines with the Ganis Property the following 2 courses and distances: N 73-49-10 W 142.08' to an iron pin found, thence N 03-24-19 E 38.90' to an iron pin found at the southeast corner of Lot 4A as recorded in Plat Cabinet D Page 449 of the Union County, North Carolina Register of Deeds, thence along a line within Lot 4A and within Lot 3 as recorded in Plat Cabinet D page 449 of the Union County, North Carolina Register of Deeds N 04-35-28 E 960.69' to an iron pin found at the southwest corner of the Howie Property (now or formerly) as recorded in Deed Book 610 page 717 of the Union County, North Carolina Register of Deeds, thence along the southern line of the Howie Property N 81-01-25 E crossing a point in the eastern line of the Lot 3 as referenced above at 26.58' a total distance of 2391.74' to an iron pin found at the northwest corner of the Davis Property (now or formerly) as recorded in Deed Book 1199 Page 714 of the Union County, North Carolina Register of Deeds, thence along the western line of Davis S 40-44 46 E 162.57' to an iron pin found in the western line of Davis, thence continuing along the western line of Davis S 40-41-21 E 250.88' to an iron pin at the northwest corner of the Davis Property (now or formerly) as recorded in Deed Book 308 Page 503 of the Union County, North Carolina Register of Deeds, thence along the western line of the 14 U 1122036.4 5377 0037 Davis Property S 40-46-35 E 97.73 to an iron pin in the western line of the Davis Property, thence along the common lines of the Craig Property (now or formerly) as recorded in Deed Book 94 Page 58 of the Union County, North Carolina Register of Deeds the following 10 courses and distances: S 29-36-54 W 984.29' to an iron pin found, thence N 40-16-50 W 359.26' to an iron pin found, thence S 28-57-11 W 410.15' to an iron pin found, thence S 61-50-25 W 212.05' to an iron pin found thence S 85-32-45 W 252.21' to an iron pin found, thence S 39-56-30 E 422.40' to aniron pin found, thence N 81-01-52 E 240.99' to an iron pin found, thence N 70-46-50 E 225.22' to aniron pin found, thence S 41-56-03 E 188.79' to an iron pin found, thence N 28-23-53 E 29.90' to an iron pin found, thence along the western line of the Hamilton Property (now or formerly) as recorded in Deed Book 201 Page 766 of the Union County, North Carolina Register of Deeds S O4-20-29 E 361.67' to an iron pin set in the western line of the Hamilton Property thence along the northern line of Lot 89 of the Isaac Grossman Subdivision as recorded in Plat Cabinet G Page 958 of the Union County, North Carolina Register of Deeds, S 63-55-31 W crossing an iron pin at 1.44' a total distance of 148.84' to an iron pin found at the southeast corner of Lot 87 of the Isaac Grossman Subdivision referenced above, thence along the common lines of Lot 87 the following 6 courses and distances: N 08-43-57 W 143.53' to an iron pin found, thence S 79-05-23 W 184.19' to an iron pin found, thence S 57-59- 09 W 133.64' to an iron pin set, thence S 57-41-36 W 133.73' to an iron pin set, thence S 32-21-17 E 139.51' to an iron pin set, thence with the arc of a circular curve to the left having a radius of 20.00' an arc length of 30.79' (said curve being subtended by a chord of S 76-27-29 E 27.84') to an iron pin set in the northern margin of Sugarcane Court (50' public right of way), thence with the northern margin of Sugarcane Court with the arc of a circular curve to the left having a radius of 70.00' an arc length of 91.78' (said curve being subtended by a chord of S 18-15-29 W 85.35') to the point and place of beginning said tract containing 85.390 Acres according to a survey prepared by Carolinas Design Group, PLLC dated December 10, 2003. It being the same property conveyed to Sandler at Kensington, L.L.C., a Virginia limited liability company by deed from Isaac Grossman and spouse Berta Grossman, dated December 30, 2003, and recorded December 30, 2003, in Book 3320, at page 025, in the Union County, North Carolina Register of Deed's Office. ELEVENTH: Howie Tract Being all of that piece or parcel of land lying within the Town of Waxhaw Union County, NC and being more particularly described as follows: Beginning at a point in the centerline of Waxhaw Marvin Road (60' public right of way), said point having NC NAD) 83 Coordinates of 435005.1913 E 1471648.0704, said point also being located N 10-05-30 E 3746.30' (ground distance) 3745.79' (Grid Distance) from NCGS Monument Oak having NC Grid Coordinates of N 431317.3526 E 1470991.7234, thence from said point of beginning with the northern line of the Sullivan Property (now or formerly) as recorded in Deed Book 328 page 35 of the Union County, North Carolina Register of Deeds and the northern line of the Mackey Property (now or formerly) as recorded in Deed Book 965 Page 878 of the Union County, North Carolina Register of Deeds N 85-23-09 W crossing an iron pin at 31.32' a total distance of 462.41' to an iron pin found at the northwest corner of the Mackey Property, thence along the western line of Mackey and the western line of the Bivens Property (now or formerly) as 15 \11122036.4 5377 0038 recorded in Deed Book 339 Page 729 of the Union County, North Carolina Register of Deeds S 06- 50-29 W crossing an iron pin at 156.73' (the common corner of Mackey and Bivens) a total distance of 387.29' to an iron pin found at the southwest earner of the Bivens Property, thence S 50-39-29 W 80.85' to an iron pin found at the northwest corner of Davis Property (now or formerly) as recorded in Deed Book 1199 Page 714 of the Union County, North Carolina Register of Deeds, thence along the Northern line of the Grossman Property (now or formerly) as recorded in Deed Book 1607 page 504 of the Union County North Carolina Register of Deeds S 81-01-25 W 2365.16' to a point in the eastern line of the Gordon Property (now or formerly) as recorded in Deed Book 662 page 021 Union County, North Carolina Register of Deeds, thence along the eastern line of the Gordon Property N 06-07-01 E 141.54' to an iron pin found at the southeast corner of the Gay Property (now or formerly) as recorded in Deed Book 487 Page 319 of the Union County, North Carolina Register of Deeds, thence along the eastern line of the Gay Property (now or formerly) and the rear line of the Barnett Property (now or formerly) recorded in Deed Book 447 page 164 of the Union County, North Carolina Register of Deeds N 04-04-17 E 762.86' to an iron pin found at the southeast corner of the Green Property (now or formerly) as recorded in Deed Book 540 Page 194 of the Union County, North Carolina Register of Deeds, thence along the rear line of the Green Property N 04-04-17 E 151.39' to an iron pin found at the rear of the Green property, thence along the rear line of the Green Property, the Dunn property (now or formerly) as recorded in Deed Book 443 page 139, the Todd Property (now or formerly) as recorded in Deed Book 706 page 163, the Cauthen Property (now or formerly) as recorded in Deed Book 495 page 475, the Cauthen Property (now or formerly) as recorded in Deed Book 1386 page 161 and the Wilburn Property (now or formerly) as recorded in Deed Book 432 page 581 of the Union County North Carolina Register of Deeds, respectively N 75- 34-40 E crossing iron pins found at 101.05', 450.66' and 1156.05' respectively, for a total distance of 1517.97' to an iron pin set in the southern right of way for McCall Road (60' public right of way), said iron pin being located S 75-34-40 W 163.39' from an iron pin found in the northern right of way for McCall Road, thence along the southern right of way for McCall Road S 82-52-42 E crossing an iron pin set in the western right of way for Waxhaw Marvin Road at 1335.05' a total distance of 1365.28' to a point in the centerline of Waxhaw Marvin Road, thence along the centerline of Waxhaw Marvin Road S 00-06-16 E 493.87' to the point and place of beginning, said tract containing 65.277 Acres according to a survey prepared by Carolinas Design Group, PLLC dated October 30, 2003. It being the same property conveyed to Sandler at Lexington, L.L.C., a Virginia limited liability company by deed from Elizabeth R. Howie, a widow, Lester H. Howie and wife Judy B. Howie and James H. Howie and wife Alice S. Howie, dated December 30, 2003 and recorded December 30, 2003, in Book 3320, at page 033, in the Union County, North Carolina Register of Deed's Office. LESS AND EXCEPTING from all tracts described above: All that tract of 25.102 Acres conveyed to Union County Board of Education by Deed dated June 4, 2004, and recorded June 8, 2004, in Deed Book 3465, at Page 184, in the Office of the Register of Deeds for Union County, North Carolina, which is more particularly described as follows: BEGINNING at a Railroad Spike in the centerline of Kensington Road, the northeast corner of Sandler at Kensington, LLC (Deed Book 3320, Page 18), said Spike being located South 65-02-19 West 771.81 feet from a Railroad Spike at the centerline intersection of Kensington Road and \11122036.4 16 5377 0039 Waxhaw-Marvin Road; thence from said BEGINNING POINT along the northeastern line of said Sandler at Kensington, LLC the following four calls: (1) South 25-21-04 East, 30.23 feet to an existing iron rod on the eastern right-of-way line of said Kensington Road; (2) South 25-21-04 East 396.59 feet to an existing iron rod; (3) South 25-21-04 East 1169.18 feet to an existing iron pipe; and (4) South 25-21-04 East 38.61 feet to a point on the eastern line of Sandler at Kensington, LLC, and being the approximate centerline of Twelve Mile Creek; thence along the eastern line of Sandler at Kensington, LLC and the centerline of Twelve Mile Creek the following two calls: (1) South 01-46- 04 East 185.00 feet to a point; and (2) South 18-13-56 West 128.20 feet to a point at the southeastern corner of the herein described parcel; thence with new lines being the southern lines of the herein described parcel and northern lines of Sandler at Kensington, LLC the following two calls: (1) North 66-08-45 West 415.34 feet to a new iron pipe; and (2) North 66-13-15 West 523.82 feet to a new iron pipe at the southwestern corner of the herein described parcel; thence with new lines being the western lines of the herein described parcel and the eastern lines of Sandler at Kensington, LLC the following six calls: (1) with a non -tangent curve to the left having a radius of 684.88 feet and an arc length of 246.67 feet, said curve having a chord bearing of North 22-43-20 East and a chord distance of 245.34 feet to a new iron pipe; (2) North 12-24-16 East 45.97 feet to a new iron pipe; (3) along a curve to the left having a radius of 141.85 feet for an arc length of 653.90 feet, said curve having a chord bearing of North 36-27-30 West and a chord distance of 215.17 feet to a new iron pipe; (4) along a curve to the right having a radius of 268.77 feet for an arc length of 427.72 feet, said curve having a chord bearing of North 39-43-51 West and a chord distance of 383.99 feet to a new iron pipe; (5) along a curve to the left having a radius of 354.84 feet for an are length of 160.12 feet, said curve having a chord bearing of North 07-04-04 West and a chord distance of 158.77 feet to a new iron pipe; and (6) North 97-59-43 West 264.21 feet to a new railroad spike on the centerline of said Kensington Road at the northwest corner of the herein described parcel; thence with the centerline of said Kensington Road and the north lines of the herein described parcel the following seven calls: (1) North 69-41-35 East 23.07 feet to a PK nail; (2) North 68-26-00 East 51.36 feet to a PK Nail; (3) North 67-08-26 East 49.56 feet to a PK nail; (4) North 65-56-46 East 51.43 feet to a PK Nail; (5) North 65-34-22 East 52.36 feet to a PK Nail; (6) North 65-45-08 East 54.06 feet to a PK Nail; and (7) North 64-44-30 East 346.62 feet to the Point of Beginning, and containing 25.102 acres, more or less, according to an unrecorded map of survey by Davis -Martin -Powell & Associates, Inc., dated May 21, 2004. TOGETHER WITH that Reversionary Right in and to the aforesaid Tract of 25.102 Acres which was reserved by Sandler at Kensington, LLC in the aforesaid Deed recorded in Book 3465, at Page 184 and assigned by Partial Release and Assignment of Reversionary Right recorded on June 8, 2004, in Book 3465, at page 187, thereby becoming part of the collateral under the Amended and Restated Deed of Trust recorded in Book 3375, at Page 124 and the Amended and Restated Assignment of Leases recorded in Book 3375, at Page 141. Carter Tract: Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: \11122036.4 17 5377 0040 Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.FT. E=1,470,991.723 U.S.FT.; THENCE North 44 degrees 17 minutes 06 seconds West for a grid distance of 4924.13 feet to an existing iron pin, the south eastern corner of Tract 9B, and the southwestern corner of tract 9A all as shown on a plat entitled `Boundary & Division Survey of Tract 9 of Marvin Properties Subdivision Property of Arthur A. True Sr. & David Richard True Sr." recorded in Plat Cabinet E File No. 58 at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE, along the eastern property line of Tract 9B, North 12 degrees 19 minutes 08 seconds West for a distance of 283.59 feet to an iron pin in the southern property line of Sandler At Kensington, L.L.C. (now or formerly) as recorded in Deed Book 3320 Page 54; THENCE along the southern property line of Sandler At Kensington, L.L.C., North 71 degrees 45 minutes 15 seconds East for a distance of 368.61 feet to an iron pin at the southwestern corner of Lot 10, as shown on a plat entitled "Marvin PROPERTIES SUBDIVISION" recorded in Plat Cabinet B File No. 46A; THENCE along the southern property line of Lot 10, South 80 degrees 41 minutes 53 seconds East for a distance of 620.86 feet to an existing concrete monument at the western right-of-way line of Creek View Drive, a 60 foot wide right-of-way; THENCE along the right-of-way of Creek View Drive, South 09 degrees 20 minutes 36 seconds West for a distance of 100.11 feet to an iron pin at the most northeastern corner of Tract 9B as shown on a plat entitled "Boundary & Division Survey of Tract 9 of Marvin Properties Subdivision Property of Arthur A. True Sr. & David Richard True Sr."; THENCE along the northern property line of Tract 9B, South 77 degrees 41 minutes 28 seconds West for a distance of 906.86 feet to THE POINT OF BEGINNING. Said property contains 5.256 acres more or less. Being in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 805 at Page 784 as shown in Plat Cabinet E, File 58. Deese Tract: Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.FT. E=1,470,991.723 U.S.FT.; THENCE North 25 degrees 24 minutes 25 seconds West for a grid distance of 5751.25 feet to an existing iron pin in the northeast corner of Lot 12 and being in the western right-of-way line of Creek View Drive, a 60 foot wide right-of-way as shown on a plat entitled "MARVIN PROPERTIES SUBDIVISION" recorded in Plat Cabinet B File No. 46A at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the northern property line of Lot 12 of Marvin Properties Subdivision South 70 degrees 09 minutes 03 seconds West for a distance of 338.87 feet (crossing an iron at 317.74 feet) to a point in the centerline of an unnamed creek and on the property line of Sandler At Kensington, L.L.C. as referenced in Deed Book 3320 Page 54; THENCE following the centerline of the creek the \11122036.4 18 5377 0041 following 7 courses and distance; 1) THENCE North 57 degrees 10 minutes 59 seconds West for a distance of 109.85 feet to a point; 2) THENCE North 43 degrees 08 minutes 59 seconds West for a distance of 129.00 feet to a point; 3) THENCE North 32 degrees 15 minutes 59 seconds West for a distance of 115.00 feet to a point; 4) THENCE North 37 degrees 45 minutes 59 seconds West for a distance of 80.00 feet to a point; 5) THENCE North 24 degrees 43 minutes 59 seconds West for a distance of 120.00 to a point; 6) THENCE North 00 degrees 13 minutes 01 seconds East for a distance of 37.00 feet to a point; 7) THENCE North 32 degrees 31 minutes 01 seconds East for a distance of 0.99 feet to a point in the southwestern corner of Lot 14; THENCE along the southern property line of Lot 14 South 75 degrees 39 minutes 59 seconds East for a distance of 715.61 feet (crossing an iron pin at 19.41 feet) to an iron pin in the western right-of-way line of Creek View Drive; THENCE along the right-of-way of Creek View Drive the following 2 courses and distances; 1) THENCE a curve to the left having a radius of 213.65 feet, an arc length of 137.69 feet, and a chord bearing of South 15 degrees 28 minutes 59 seconds West for a distance of 135.32 feet to a point; 2) THENCE South 02 degrees 58 minutes 34 seconds East for a distance of 38.37 feet to THE POINT OF BEGINNING Said property contains 4.008 acres more or less. Being in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 605 at Page 778 as shown as Tract 13 in Plat Cabinet B, File 46-A. Gam: Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCENorth 43 degrees 50 minutes 52 seconds West for a grid distance of 4303.73 feet to an existing iron pin in the southeast corner of Lot 8B as shown on a plat entitled "Minor Subdivision Plat" as recorded in Plat Cabinet B File No. 77A at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the eastern property line of Lot 8B, North 44 degrees 09 minutes 17 seconds East for a distance of 569.61 feet to an existing iron pin in a cul-de-sac at the right-of-way line of Creek View Drive, a 60 foot wide right-of-way as shown on a plat entitled "Marvin Properties Subdivision" as recorded in Plat Cabinet B File No. 46A; THENCE along a curve to the left having a radius of 50.00 feet, an arc length of 67.00 feet, and a chord bearing of South 84 degrees 50 minutes 42 seconds East for a distance of 62.10 feet to a new iron pin set at the western corner of Lot 6 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the western property line of Lot 6, South 32 degrees 52 minutes 56 seconds East for a distance of 531.99 feet to an existing iron pin on the northern property line of Sandler At Kensington, L.L.C., now or formerly, as recorded in Deed Book 3320 Page 29; THENCE along the northern property line of Sandler At Kensington, L.L.C., North 86 degrees 39 minutes 21 seconds West for a distance of 748.73 feet to THE POINT OF BEGINNING. Said property contains 3.99 acres more or less. \11122036.4 19 5377 0042 Being in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 487 at Page 319 and shown as Tract 7 in Plat Cabinet B File No. 46-A. Green Tract: Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCENorth 28 degrees 37 minutes 57 seconds West for a grid distance of 4525.43 feet to an existing iron pin in the northwest property corner of Sandler At Kensington, L.L.C., now or formerly, as recorded in Deed Book 3320 Page 33 at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the western property line of Sandler At Kensington, L.L.C., South 04 degrees 06 minutes 31 seconds West for a distance of 151.71 feet to an existing iron pin at the northeastern corner of Lot 6 as shown on a plat entitled "Marvin Properties Subdivision" recorded in Plat Cabinet B File 46A; THENCE along the northern property line of Lot 6, North 81 degrees 27 minutes 18 seconds West for a distance of 291.36 feet to a new iron pin set at the northwestern corner of Lot 6, and the eastern right-of-way line of Creek View Drive, a 60 foot wide right-of-way as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the eastern right-of-way line of Creek View Drive, North 09 degrees 29 minutes 16 seconds East for a distance of 576.70 feet to an existing iron pin at the southern right of way line of McCall Road, a 60 foot wide right-of-way as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the southern right-of-way line of McCall Road, North 74 degrees 59 minutes 43 seconds East for a distance of 187.71 feet to an existing iron pin at the northwestern corner of Lot 4 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the western property line of Lot 4, South 13 degrees 54 minutes 49 seconds East for a distance of 499.00 feet to an existing iron pin at the southwestern property corner of Lot 4, and the northern property line of Sandler At Kensington, L.L.C.; THENCE along the northern property line of Sandler At Kensington, L.L.C. South 75 degrees 35 minutes 03 seconds West for a distance of 100.53 feet to THE POINT OF BEGINNING; Said property contains 3.99 acres more or less. Being in all respects the same property conveyed to James Elbert Green and wife, Shirley K. Green, by General Warranty Deed recorded in Deed Book 540 at Page 194 and shown as Tract 5 in Plat Cabinet B, File No. 46-A. Lopina/Roma Way Tract: Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.FT. E=1,470,991.723 U.S.FT.; THENCE North 20 degrees 33 minutes \11122036.4 5377 0043 56 seconds West for a grid distance of 5563.62 feet to an existing iron pin, a common corner with Lots 17 and 18, as labeled on a plat entitled "MARVIN PROPERTIES SUBDIVISION" recorded in Plat Cabinet B File No. 46A at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the northeastern property line of Lot 18 North 32 degrees 57 minutes 56 seconds West for a distance of 259.05 feet to an existing iron pin in the right-of-way of Creek View Drive; THENCE along the right-of-way of Creek View Drive along a curve to the left, having a radius of 50.00 feet, an arc length of 87.31 feet, and a chord bearing of North 07 degrees 12 minutes 31 seconds East for a distance of 76.63 feet to an iron pin set marking a new corner in Lot 17; THENCE the following 2 new courses and distances; 1) THENCE North 18 degrees 41 minutes 01 seconds East for a distance of 28.04 feet to an iron pin set, 2) THENCE North 86 degrees 30 minutes 03 seconds East for a distance of 253.04 feet to an iron pin set on the western property line of Sandler At Kensington, L.L.C. (now or formerly), as recorded in Deed Book 4191 Page 370; THENCE along the western property line of Sandler At Kensington, L.L.C. South 21 degrees 13 minutes 06 seconds West for a distance of 359.76 feet to THE POINT OF BEGINNING. Said property contains 1.144 acres more or less. Martin Tracts: 1I7:141&I Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE North 38 degrees 47 minutes 24 seconds West for a grid distance of 5025.98 feet to an existing iron pin in the northern corner of Tract 9 as shown on a plat entitled `Boundary & Division Survey of Tract 9 of Marvin Properties Subdivision" as recorded in Plat Cabinet E File 58, and the eastern property line of Sandler At Kensington, L.L.C. now or formerly as recorded in Deed Book 3320 Page 54 at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the eastern property line of Sandler At Kensington, L.L.C., North 29 degrees 25 minutes 20 seconds East for a distance of 328.72 feet to a new iron pin set at the southwest property corner of Dallas E. & Susan Ann Martin, now or formerly, as recorded in Deed Book 544 Page 313; THENCE along the southern property line of Dallas E. & Susan Ann Martin, South 80 degrees 39 minutes 24 seconds East for a distance of 508.01 feet to a new iron pin set at the western right-of- way line of Creek View Drive, a sixty foot wide right-of-way, as shown on a plat entitled "Marvin Properties Subdivision" recorded in P lat Cabinet B File No. 46A; THENCE along the western right- of-way line of Creek View Drive, South 09 degrees 20 minutes 36 seconds West for a distance of 308.30 feet to a concrete monument in the northeast corner of Tract 9; THENCE along the northern property line of Tract 9, North 80 degrees 41 minutes 53 seconds West for a distance of 620.86 feet to THE POINT OF BEGINNING; Said property contains 4.00 acres more or less. 21 \11122036.4 5377 0044 Being in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 544 at Page 313, designated as Tract 10 as shown in Plat Cabinet B, File No. 46-A. TRACT II Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE North 33 degrees 41 minutes 32 seconds West for a grid distance of 5232.54 feet to an existing iron pin in the southwest corner of Joseph R. and Gladys V. Waibel now or formerly as recorded in Deed Book 361 Page 273 at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the southern property line of Joseph R. and Gladys V. Waibel, South 86 degrees 11 minutes 31 seconds East for a distance of 451.04 feet to a new iron pin set at the western right-of- way line of Creek View Drive, a 60 foot wide right-of-way as shown on a plat entitled "Marvin Properties Subdivision" as recorded in Plat Cabinet B File 46A; THENCE along the western right- of-way line of Creek View Drive, South 09 degrees 20 minutes 36 seconds West for a distance of 205.12 feet to an existing iron pin at the northeastern property corner of Lot 10 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the northern property line of Lot 10, North 80 degrees 39 minutes 24 seconds West for a distance of 508.01 feet to a new iron pin set at the northwestern corner of Lot 10, and the eastern property line of Sandler At Kensington, L.L.C., now or formerly, as recorded in Deed Book 3320 Page 54; THENCE along the eastern property line of Sandler At Kensington, L.L.C., North 29 degrees 25 minutes 20 seconds East for a distance of 172.07 feet to THE POINT OF BEGINNING; Said property contains 2.00 acres more or less. Being in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 382 at Page 318, designated as the southern half of Tract 11 as shown in Plat Cabinet B, File No. 46-A. Onaenorth Tract: Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.FT. E=1,470,991.723 U.S.FT.; THENCE North43 degrees 50 minutes 52 seconds West for a grid distance of 4303.73 feet to an existing iron pin, the southwest corner of Lot 7 as shown on a plat entitled "Minor Subdivision Plat" as recorded in Plat Cabinet B File No. 77A at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE, along the northern property line of Sandler At Kensington, L.L.C. (now or formerly) as recorded in Deed Book 3320 Page 59, North 86 degrees 39 minutes 21 seconds West for a distance of 555.26 feet to an iron pin at the southeast corner of Lot 8A as shown on subdivision plat entitled 22 \I1122036A 5377 0045 "Minor Subdivision Plat"; THENCE along the eastern property line of Lot 8A North 41 degrees 24 minutes 18 seconds East for a distance of 511.03 feet to an iron pin at the northeast corner of Lot 8A, and the southern property line of Tract 9B as shown on a plat entitled "Boundary & Subdivision Survey of Tract 9 of Marvin Properties Subdivision" recorded in Plat Cabinet E File No. 58; THENCE along the southern property line of Tract 9B, North 77 degrees 40 minutes 53 seconds East for a distance of 650.60 feet to an iron pin in the western right-of-way line of Creek View Drive, a 60' wide right-of-way; THENCE along the western right-of-way line of Creek View Drive the following 2 courses and distances; 1) THENCE South 09 degrees 20 minutes 47 seconds West for a distance of 66.66 feet to an iron pin set; 2) THENCE along a curve to the left having a radius of 50 feet, an arc length of 94.24 feet, and a chord bearing of South 08 degrees 17 minutes 53 seconds West for a distance of 80.90 feet to an iron pin in the northwest corner of Lot 7 as shown on a survey entitled "Minor Subdivision Plat"; THENCE along the western property line of Lot 7, South 44 degrees 09 minutes 17 seconds West for a distance of 569.61' to THE POINT OF BEGINNING; Said property contains 6.473 acres more or less. Being in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 1132 at Page 660 and shown as Lot 8B in Plat Cabinet B, File No. 77-A. Rose Tract: Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE North 52 degrees 00 minutes 41 seconds West for a grid distance of 5144.51 feet to an existing iron pin in the eastern property line of Sandler At Kensington, L.L.C., now or formerly, as recorded in Deed Book 3320 Page 59 at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the eastern property line of Sandler At Kensington, L.L.C., as recorded in Deed Book 3320 Page 54, North 06 degrees 39 minutes 35 seconds East for a distance of 171.33 feet to an existing iron pin at the southwestern corner of Lot 9B as shown on a plat entitled "Boundary and Division Survey of Tract 9 of Marvin Properties Subdivision" as recorded in Plat Cabinet E File 58; THENCE along the southern property line of Lot 9B, North 77 degrees 40 minutes 53 seconds East for a distance of 856.84 feet to an existing iron pin at the northwestern corner of Lot 8B as shown on a plat entitled "Minor Subdivision Plat" as recorded in Plat Cabinet B File 77A; THENCE along the western property line of Lot 8B, South 41 degrees 24 minutes 18 seconds West for a distance of 511.03 feet to an existing iron pin at the southwestern property corner of Lot 8B, and the northern property line of Sandler At Kensington, L.L.C., now or formerly, as recorded in Deed Book 3320 Page 59; THENCE along the northern property line of Sandler At Kensington, L.L.C., North 86 degrees 39 minutes 21 seconds West for a distance of 519.88 feet to THE POINT OF BEGINNING; Said property contains 3.99 acres more or less. \ 11122036.4 23 5377 0046 Being in all respects the same property conveyed to Grantor by Non -Warranty Deed recorded in Deed Book 3805 at Page 637 and shown as Tract 8A in Plat Cabinet B, File No. 77-A. C. Schuner Tract: Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.FT. E=1,470,991.723 U.S.FT.; THENCE North 11 degrees 23 minutes 19 seconds West for a grid distance of 4941.24 feet to an existing concrete monument in the southeast corner of Lot 22 and being at the northern right-of-way line of McCall Road, a 60 foot wide right-of-way as shown on a plat entitled "MARVIN PROPERTIES SUBDIVISION" recorded in Plat Cabinet B File No. 46A at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the eastern property line of Lot 22 North 10 degrees 40 minutes 01 seconds East for a distance of 601.13 feet to an iron pin in the southern property line of Sandler At Kensington, L.L.C. (now or formerly) recorded in Deed Book 4191 Page 370; THENCE along the southern property line of Sandler At Kensington, L.L.C. North 70 degrees 07 minutes 19 seconds East for a distance of 483.77 feet to an iron pin at the northern corner of Lot 24 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the western property line of Lot 24 South 30 degrees 07 minutes 13 seconds West for a distance of 887.83 feet to a point in the northern right-of-way line of McCall Road; THENCE along the right-of-way of McCall Road along a curve to the left having a radius of 180.00 feet, an arc length of 123.78 feet, and a chord bearing of North 83 degrees 59 minutes 01 seconds West for a distance of 121.36 feet to THE POINT OF BEGINNING; Said property contains 3.984 acres more or less. Being in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 432 at page 46 and shown as Tract 23 in Plat Cabinet B, File No. 46-A. D. Schuner Tracts: Being all of those pieces and parcels of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Tract 14: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.FT. E=1,470,991.723 U.S.FT.; THENCE North 23 degrees 29 minutes 30 seconds West for a grid distance of 5921.45 feet to a concrete monument in the southwestern corner of Lot 15, a common corner with the southeastern corner of Lot 14, and being at the northern right-of-way of Creek View Drive, a 60 foot wide right-of-way all as shown on a plat entitled 24 \11122036.4 5377 0047 "MARVIN PROPERTIES SUBDIVISION" recorded in Plat Cabinet B File No. 46A at the North Carolina, Union County, Register of Deeds in, THE POINT OF BEGINNING; THENCE, following the northern right-of-way of Creek View Drive along a curve to the left having a radius of 213.65 feet, an arc length of 100.01 feet, and a chord bearing of South 47 degrees 29 minutes 10 seconds West for a distance of 99.10 feet to an iron pin in the northeast corner of Lot 13 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the northern property line of Lot 13 North 75 degrees 39 minutes 59 seconds West for a distance of 715.61 feet (passing over an iron pin at 696.20 feet) to a point in the centerline of Twelve Mile Creek, and the eastern property line of Sandler At Kensington, L.L.C. (now or formerly) recorded in Deed Book 3320 Page 54; THENCE along the centerline of Twelve Mile Creek the following 5 courses and distances; 1) THENCE North 32 degrees 31 minutes 01 seconds East for a distance of 115.01 feet to a point; 2) THENCE North 16 degrees 17 minutes 01 seconds East for a distance of 178.00 feet to a point; 3) THENCE North 15 degrees 47 minutes 59 seconds West for a distance of 247.00 feet to a point; 4) THENCE South 67 degrees 04 minutes 59 seconds East for a distance of 473.00 feet to a point; 5) THENCE South 43 degrees 31 minutes 59 seconds East for a distance of 91.00 feet to a point in the western property line of Lot 15; THENCE leaving the centerline of Twelve Mile Creek and following the western property line of Lot 15 South 31 degrees 26 minutes 58 seconds East for a distance of 428.49 feet to THE POINT OF BEGINNING; Said property contains 6.245 acres more or less. Tract 15: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.FT. E=1,470,991.723 U.S.FT.; THENCE North 22 degrees 23 minutes 10 seconds West for a grid distance of 5911.55 feet to an existing iron pin, the common corner of Lots 15 and 16 also being in the northern right-of-way of Creek View Drive, a 60 foot wide right-of- way all shown on a plat entitled "MARVIN PROPERTIES SUBDIVISION" recorded in Plat Cabinet B File No. 46A at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the right-of-way of Creek View Drive the following 2 courses and distances, 1)THENCE South 75 degrees 32 minutes 04 seconds West fora distance of 60.02 feet to an iron pin set; 2)THENCE a curve to the left having a radius of 213.65 feet, an arc length of 54.97 feet, and a chord bearing of South 68 degrees 09 minutes 52 seconds West for a distance of 54.82 feet to a Concrete Monument in the southeast corner of Lot 14; THENCE along the eastern line of Lot 14 North 31 degrees 26 minutes 58 seconds West for a distance of 428.49 feet to a point in the centerline of Twelve Mile Creek; THENCE along the centerline of Twelve Mile Creek the following 3 courses and distances, 1)THENCE North 69 degrees 01 minutes 01 seconds East for a distance of 98.00 feet to a point, 2)THENCE North 01 degrees 39 minutes 59 seconds West for a distance of 114.00 feet to a point, 3)THENCE North 16 degrees 43 minutes 39 seconds West for a distance of 139.28 feet to a point in the western corner of Sandler At Kensington, L.L.C., now or formerly as recorded in Deed Book 3320 Page 18 and Deed Book 4191 Page 370, also being the intersection of Twelve Mile Creek and an Unnamed Creek; THENCE along the Unnamed Creek, and the western property line of Sandler At Kensington, L.L.C. the following 6 courses and distances, 1)THENCE 25 \11122036A 5377 0048 North 12 degrees 00 minutes 16 seconds East for a distance of 103.00 feet to a point, 2)THENCE North 35 degrees 29 minutes 16 seconds East for a distance of 37.00 feet to a point, 3)THENCE North 80 degrees 57 minutes 16 seconds East for a distance of 52.00 feet to a point, 4)THENCE South 55 degrees 28 minutes 44 seconds East for a distance of 32.00 feet to a point, 5)THENCE North 84 degrees 35 minutes 16 seconds East for a distance of 80.00 feet to a point, 6)THENCE South 58 degrees 19 minutes 44 seconds East for a distance of 73.00 feet to a point in the northwest corner of Lot 16; THENCE along the western property line of Lot 16, South 01 degrees (previous vesting deed incorrectly referenced "minutes") 47 minutes 54 seconds East for a distance of 703.07 feet to THE POINT OF BEGINNING; Said property contains 4.049 acres more or less. Tracts 14 and 15 are in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 467 at Page 746 and shown as Tracts 14 and 15 in Plat Cabinet B, File No. 46-A. Waibel Tract: Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument " OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE North 33 degrees 41 minutes 32 seconds West for a grid distance of 5232.54 feet to an existing iron pin in the northeast property corner of Dallas E. & Susan Ann Martin, now or formerly, as recorded in Deed Book 382 Page 318 at the North Carolina, Union County, Register of Deeds, and the eastern property line of Sandler at Kensington, L.L.C. now or formerly, as recorded in Deed Book 3320 Page 54, THE POINT OF BEGINNING; THENCE along the eastern property line of Sandler At Kensington, L.L.C. North 29 degrees 25 minutes 20 seconds East for a distance of 247.38 feet (crossing an existing iron pin at 227.30 feet) to point at the southwestern corner of Lot 12 as shown on a plat entitled "Marvin Properties Subdivision" as recorded in Plat Cabinet B File 46A; THENCE along the southern property line of Lot 12, South 83 degrees 05 minutes 23 seconds East for a distance of 350.66 feet (crossing an existing iron pin at 19.94 feet) to an existing iron pin at the western right-of-way line of Creek View Drive, a sixty foot wide right-of-way as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the western right-of-way line of Creek View Drive, the following 2 courses and distances; 1) THENCE South 02 degrees 57 minutes 10 seconds East for a distance of 64.17 feet to a new iron pin set; 2) THENCE South 09 degrees 20 minutes 36 seconds West for a distance of 141.02 feet to a new iron pin set at the northeastern corner Dallas E. & Susan Ann Martin now or formerly as recorded in Deed Book 382 Page 318; THENCE along the northern property line of Dallas E. & Susan Ann Martin, North 86 degrees 11 minutes 31 seconds West for a distance of 451.04 feet to THE POINT OF BEGINNING. Said property contains 2.00 acres more or less. Being in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 361 at Page 273, and being designated as Tract No. 11 as shown in Plat Cabinet B, File 26 \11122036.4 5377 0049 46-A, LESS AND EXCEPT that certain property conveyed by Grantor to Dallas E. Martin and wife, Susan Ann Martin by General Warranty Deed recorded in Deed Book 382 at Page 318. Yow Tract - Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE North 25 degrees 24 minutes 25 seconds West for a grid distance of 5751.25 feet to an existing iron pin in the southeast corner of Lot 13, and being in the western right-of-way line of Creek View Drive, a 60 foot wide right-of-way all as shown on a plat entitled, "Marvin Properties Subdivision " recorded in Plat Cabinet B File No. 46A at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the western right-of-way line of Creek View Drive, South 02 degrees 57 minutes 10 seconds East for a distance of 669.10 feet to an existing iron pin at the northeast property corner of Lot 11 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the northern property line of Lot 11, North 83 degrees 05 minutes 23 seconds West for a distance of 350.66 feet (crossing over an existing iron pin at 330.72 feet)to a point in the centerline of an unnamed creek, and the eastern property of Sandler At Kensington, L.L.C., now or formerly, as recorded in Deed Book 3320 Page 54; THENCE along the unnamed creek, and the eastern property line of Sandler At Kensington, L.L.C., the following 8 courses and distances; 1) THENCE North 29 degrees 25 minutes 20 seconds East for a distance of 0.27 feet to a point; 2) THENCE North 25 degrees 00 minutes 01 seconds East for a distance of 213.00 feet to a point; 3) THENCE North 23 degrees 09 minutes 59 seconds West for a distance of 60.00 feet to a point; 4) THENCE North 03 degrees 01 minutes 01 seconds East for a distance of 38.00 feet to a point; 5) THENCE North 26 degrees 14 minutes 59 seconds West for a distance of 119.00 feet to a point; 6) THENCE North 06 degrees 43 minutes 01 seconds East for a distance of 36.00 feet to a point; 7) THENCE North 16 degrees 34 minutes 59 seconds West for a distance of 85.00 feet to a point; 8) THENCE North 57 degrees 10 minutes 59 seconds West for a distance of 1.15 feet to a point at the southwest corner of Lot 13; THENCE along the southern property line of Lot 13, North 70 degrees 09 minutes 03 seconds East for a distance of 338.87 feet (crossing a new iron pin set at 21.13 feet) to THE POINT OF BEGINNING. Said property contains 4.01 acres more or less. Being in all respects the same property conveyed to Grantor by General Warranty Deed recorded in Deed Book 851 at Page 357, and being designated as Tract 12 as shown in Plat Cabinet B, File No. 46-A. Ames Tract BEING all of that certain lot or parcel of land situated in the Town of Waxhaw, Jackson Township, Union County, North Carolina, and more particularly described as follows: 111122036.4 27 5377 0050 Commencing in Jackson Township, Union County, North Carolina at NGS control monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.F.T., E=1,470,991.723 U.S.F.T.; thence North 82 degrees 05 minutes 13 seconds West for a grid distance of 3475.66 feet to an existing iron pin in the Eastern line of Wilson Carl & Marcine Gamble as recorded in Deed Book 201 Page 43 at the Union County Register of Deeds, the POINT OF BEGINNING, THENCE along the Northern property line of William & Diane Glassberg recorded in Deed Book 811 Page 104, North 80 degrees 54 minutes 44 seconds West for a distance of 112.73 feet to an existing square bar; THENCE along the eastern line of Shirley Gamble Kennedy, recorded in Deed Book 317 Page 810, North 12 degrees 16 minutes 04 seconds East for a distance of 276.13 feet to an existing iron pin; THENCE along with a southern line of Wilson Carl & Marcine Gamble recorded in Deed Book 201 Page 43, South 69 degrees 52 minutes 42 seconds East for a distance of 108.03 feet to an existing iron pin; THENCE along the western line of said Wilson Carl & Marcine Gamble, South 11 degrees 01 minutes 24 seconds West for a distance of 255.17 feet to the POINT OF BEGINNING. Said property contains 0.669 acres more or less, all being shown on that certain survey entitled "ALTA/ACSM Land Title Survey for GS Carolina LLC, Waxhaw, Jackson Township, Union County, North Carolina", prepared by David B. Boyles, PLS L-3153, dated January 26, 2006, last revised February 2, 2006. TOGETHER WITH all rights and easements, including, but not limited to that certain easement for ingress and egress established pursuant to those certain Warranty Deeds recorded in Book 393, Page 674, and Book 393, Page 675, Union County Registry. Dorazil Tract: BEING all of that certain lot or parcel of land situated in the Town of Waxhaw, Union County, North Carolina, and more particularly described as follows: Commencing in Jackson Township, Union County, North Carolina at NGS control monument " OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N = 431,317.35 U.S.F.T. E = 1,470,991.72 U.S.F.T.; THENCE South (previous vesting deed incorrectly referenced "North") 87 degrees 09 minutes 14 seconds West for a grid distance of 1300.50 feet to THE POINT OF BEGINNING, an iron rod set in the centerline of the northern set of railroad tracks owned by CSX; formerly Seaboard Airline Railroad, having a 100 foot right-of-way, 50 feet each side of the centerline shown on a plat entitled "PLAT OF SURVEY SHOWING SHAETON" as recorded in Plat Cabinet No. B File No. 7B at the Union County Register of Deeds, said iron rod having North Carolina NAD 83' grid coordinates as follows: N = 431,253.91', E = 1,469,692.36'; THENCE following the centerline of the northern set of railroad tracks South 82 degrees 59 minutes 50 seconds West for a distance of 31.62 feet to a nail set in the centerline of the northern set of railroad tracks, the southeastern corner of Martha M. Bigham as recorded in Deed Book 407 Page 353 at the Union County Register of Deeds; THENCE the following 3 courses and distances along the lines of Martha M. Bigham; (1) THENCE North 32 degrees 30 minutes 58 seconds West crossing over an existing iron rod at 91.34 feet for a total distance of 352.77' to a new iron rod; (2) THENCE South 53 degrees 01 minutes 56 seconds West for a distance of 151.58 feet to an existing iron rod; (3) THENCE South 02 degrees 08 minutes 24 seconds East crossing an iron rod set at 193.36 feet for a total distance of 243.54 feet to a nail set in the centerline of the northern set of railroad tracks; THENCE following the centerline of the northern set of railroad tracks South 82 degrees 59 minutes 28 \11122036.4 5377 0051 50 seconds West for a distance of 485.69 feet to a nail set at the southeastern corner of the land of Paula Elaine McClain McManus as recorded in Deed Book 330 Page 57; THENCE along the eastern line of Paula Elaine McClain McManus North 06 degrees 36 minutes 57 seconds East crossing an iron pin set at 51.44 feet for a total distance of 440.24 feet to an existing axle, the northeast corner of Paula Elaine McClain McManus land; THENCE continuing along the land of Paula Elaine McClain McManus, and the land of Timothy L. and Paula B. Worley as recorded in Deed Book 1515 Page 579, North 71 degrees 30 minutes 27 seconds West for a distance of 299.85 feet to an existing iron pipe, the southeast corner of Joseph D. Sells as recorded in Deed Book 443 Page 167; THENCE following the eastern line of Joseph D. Sells, and the eastern line of James W. & Judith H. Wood as recorded in Deed Book 396 Page 883, North 30 degrees 05 minutes 13 seconds East passing over an existing iron rod at 315.22 feet marking the northeastern corner of Joseph D. Sells for a total distance of 843.16 feet to an existing concrete monument, THENCE continuing along the lines of James W. & Judith H. Wood the following three courses and distances; (1) THENCE South 38 degrees 31 minutes 57 seconds East for a distance of 131.16 feet to an existing iron rod; (2) THENCE North 80 degrees 02 minutes 37 seconds East for a distance of 317.48 feet to an existing iron rod, (3) South 32 degrees 33 minutes 39 seconds East for a distance of 319.04 feet to an existing concrete monument, the northeast corner of Thomas Wade & Sarah M. McClain as recorded in Deed Book 935 Page 886; THENCE along the lines of Thomas Wade & Sarah M. McClain the following two courses and distances; (1) THENCE South 34 degrees 24 minutes 32 seconds West for a distance of 438.93 feet to an existing iron pipe; (2) THENCE South 32 degrees 30 minutes 58 seconds East passing over an existing iron rod at 477.54 feet, and an existing axle at 543.66 feet for a total distance of 572.93 feet to THE POINT OF BEGINNING. Said property contains 16.511 acres more or less. Gamble Tract: BEING all of that piece or parcel of land lying within Jackson Township, Union County, North Carolina and being more particularly described as follows: Commencing in Jackson Township, Union County, North Carolina at National Geodetic Survey control monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.F.T. E=1,470,991.723 U.S.F.T.; THENCE North 77 degrees 52 minutes 41 seconds West for a grid distance of 3471.18 feet (ground distance of 3471.66 feet) to an existing iron pin in the northeast corner of Sandler At Kensington, L.L.C. (now or formerly) as recorded in Deed Book 4070 Page 272 at the Union County Register of Deeds, the POINT OF BEGINNING; THENCE along the northern property line of said Sandler At Kensington, L.L.C., North 69 degrees 52 minutes 42 seconds West for a distance of 108.03 feet to an existing iron pin in the eastern line of Sandler At Kensington, L.L.C. (now or formerly) as recorded in Deed Book 3320 Page 54; THENCE along said Sandler At Kensington, L.L.C. property line the following two (2) courses and distances: (1) North 12 degrees 40 minutes 50 seconds East for a distance of 292.20 feet to an angle iron; and (2) South 89 degrees 22 minutes 59 seconds East for a distance of 621.99 feet to a 15 inch Poplar Tree in the western property line of William J. and Deborah H. Rusciolelli (now or formerly) as recorded in Deed Book 3383 Page 702; THENCE along said Rusciolelli property line, South 23 degrees 31 minutes 17 seconds West for a distance of 700.23 feet to an iron pin in the northwestern corner of Rosa Lee Ganis (now or formerly) as recorded in Deed Book 263 Page 840; THENCE along said Ganis property line the following two (2) courses and distances: (1) South 23 degrees 11 minutes 28 seconds West for a distance of 52.76 feet to an iron pipe; and (2) South 69 29 \11122036.4 5377 0052 degrees 27 minutes 24 seconds West for a distance of 324.63 feet (crossing over the northern right- of-way margin of Tory Path Road, a 60' right-of-way recorded in Deed Book 235 Page 750, at 209.16 feet) to an iron pipe at the northeastern corner of Sandler At Kensington, L.L.C. (now or formerly) recorded in Deed Book 4122 Page 787, said pipe also being on the southern right-of-way margin of Tory Path Road; THENCE along said Sandler At Kensington, L.L.C. (now or formerly) property line, North 65 degrees 39 minutes 23 seconds West for a distance of 75.74 feet to an iron pin in the southeast corner of William and Diane Glassberg (now or formerly) as recorded in Deed Book 811 Page 104; THENCE along said Glassberg property line, North 10 degrees 51 minutes 49 seconds East for a distance of 211.02 feet (crossing over an iron pin set at 46.57 feet being on the northern right-of-way margin of Tory Path Road) to an iron pin in the southeast corner of Sandler At Kensington, L.L.C. (now or formerly) recorded in Deed Book 4070 Page 272; THENCE along said Sandler At Kensington, L.L.C. property line, North 11 degrees 01 minutes 24 seconds East for a distance of 255.17 feet to the POINT OF BEGINNING, said property contains 8.278 acres more or less, according to that certain survey entitled "ALTA/ACSM Land Title Survey for GS Carolina LLC" prepared by David B. Boyles, PLS #3135 of LandDesign Surveying, Inc. dated March 3, 2006, last revised April 26, 2006, reference to which is hereby made for a more particular description. Stack Gap Tract: BEING all of that piece or parcel of land lying within the Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: Commencing in the Town of Waxhaw, Union County, North Carolina at National Geodetic Survey control monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.353 U.S.F.T. E=1,470,991.723 U.S.F.T.; THENCE North 88 degrees 56 minutes 37 seconds West for a grid distance of 3896.46 feet to an existing iron pin having North Carolina NAD 83' grid coordinates as follows: N=431,389.244 U.S.F.T. E=1,467095.4I U.S.F.T. being in the southern corner of Sandler At Kensington, L.L.C. (now or formerly) as recorded in Deed Book 3690 Page 378, being labeled as Tract 2 on a Map entitled "ALTA/ACSM Land Title Survey for GS Carolina" prepared by LandDesign Surveying Inc. dated February 7, 2005, and also being the western corner of Dillon W. & Wanda D. Outlaw (now or formerly) as recorded in Deed Book 285 Page 375, the POINT OF BEGINNING; THENCE along the aforesaid property lines of Sandler at Kensington, L.L.C. the following 3 courses and distances: (1) North 67 degrees 48 minutes 43 seconds East for a distance of 468.17 feet to an iron pin; THENCE North 65 degrees 3 8 minutes 29 seconds West for a distance of 196.00 feet to an iron pin; THENCE North 78 degrees 23 minutes 18 seconds West for a distance of 145.61 feet to a pinched pipe, being the southwest corner of Shirley Gamble Kennedy (now or formerly) as recorded in Deed Book 317 Page 810; THENCE along the southern property line of Shirley Gamble Kennedy, South 78 degrees 48 minutes 30 seconds East for a distance of 195.36 feet to an iron pin set, being the southwest corner of William & Diane Glassberg (now or formerly) as recorded in Deed Book 811 Page 104; THENCE along the southern property line of William & Diane Glassberg, South 65 degrees 39 minutes 23 seconds East for a distance of 120.26 feet to an iron pin, being the southwest corner of Carl Wilson Gamble and Marcine Gamble (now or formerly) as recorded in Deed Book 201 Page 43, Deed Book 196 Page 59, and Deed Book 289 Page 187; THENCE along the southern property line of Carl Wilson Gamble and Marcine Gamble, South 65 degrees 39 minutes 23 seconds East for a distance of 75.74 feet to an iron pin, in the northern line of the aforesaid Dillon W. and Wanda D. Outlaw property; THENCE along the 30 \11122036.4 5377 0053 northern property line of Dillon W. and Wanda D. Outlaw, South 70 degrees 46 minutes 41 seconds West for a distance of 511.02 feet to the POINT OF BEGINNING, said property contains 0.200 acres more or less, as shown on that certain survey entitled "ALTA/AGSM Land Title Survey for GS Carolina, Town of Waxhaw, Union County, North Carolina" having Project No. 4105013, dated February 7, 2005, last revised March 29, 2006, prepared by David B. Boyles, #L-3135 of LandDesign Surveying. Tn[xlPll Tract BEING all of that certain lot or parcel of land situated hi Sandy Ridge Township, Union County, North Carolina, and more particularly described as follows: ALL OF THAT 85.02 acres, more or less, shown on map of a boundary survey of the property of Jack H. Towell and wife, Elizabeth T. Towell, prepared by William A. Soiset, recorded in Plat Cabinet B, File 71 B, in the Office of the Register of Deeds for Union County, North Carolina, all of this 85.02 acres lying southwest of the centerline of the Waxhaw-Marvin Road (S.R. #1301). Dunn Tract Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE, North 27 degrees 23 minutes 32 seconds West for a grid distance of 4501.80 feet to an existing iron pipe in the Southeast property corner of Lot 5 as shown on a plat entitled "Marvin Properties Subdivision" recorded in Plat Cabinet B File 46A, at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the eastern property line of Lot 5, North 13 degrees 54 minutes 49 seconds West for a distance of 499.00 feet to an existing iron pipe in the south right-of-way line of McCall Road, a 60 foot wide right-of-way as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the south right-of-way line of McCall Road, North 76 degrees 05 minutes 47 seconds East for a distance of 349.57 feet to an iron pipe in the northwest corner of Lot 3 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE, along the west property line of Lot 3, South 13 degrees 54 minutes 49 seconds East for a distance of 495.87 feet to an iron pipe in the northern property line of Sandler At Kensington, L.L.C., (now or formerly) as recorded in Deed Book 3320 PG. 33; THENCE along the northern property line of Sandler At Kensington, L.L.C., South 75 degrees 35 minutes 03 seconds West for a distance of 349.59 feet to THE POINT OF BEGINNING; Said property contains 3.99 acres more or less. Being in all respects the same property shown as Tract 4 in Plat Cabinet B, File No. 46-A, Union County Public Registry. 31 \11122036.4 5377 0054 Hargett Tract Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE, North 50 degrees 24 minutes 35 seconds West for a grid distance of 5235.63 feet to an existing iron pipe in the northwest property corner of Tract 8A as shown on a plat entitled "Minor Subdivision Plat, Jonathan Whitted" recorded in Plat Cabinet B File 77A, and a point in the eastern property line of Sandler At Kensington, L.L.C., (now or formerly)as recorded in Deed Book 3320 Page 54 at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the eastern property line of Sandler At Kensington, L.L.C., the following 2 courses and distances; 1) THENCE, North 06 degrees 39 minutes 35 seconds East for a distance of 302.39 feet to an existing iron pin; 2) THENCE, North 71 degrees 45 minutes 15 seconds East for a distance of 527.57 feet to an iron pin in the northwest corner of Tract 9A as shown on a plat entitled "Boundary & Division Survey of Tract 9 of Marvin Properties Subdivision" recorded in Plat Cabinet E File 58; THENCE along the property line of Tract 9A the following 2 courses and distances; 1) THENCE, South 12 degrees 19 minutes 08 seconds East for a distance of 283.59 feet to an iron pipe; 2) THENCE, North 77 degrees 41 minutes 28 seconds East for a distance of 906.87 feet to an iron pin in the western right-of-way line of Creek View Drive, a 60 foot wide right-of-way as shown on a plat entitled "Marvin Properties Subdivision" as recorded in Plat Cabinet B File 46A; THENCE along the western right-of-way line of Creek View Drive, South 09 degrees 20 minutes 36 seconds West for a distance of 61.00 feet to an iron pin at the northeast property corner of Tract 8B as shown on a plat entitled "Minor Subdivision Plat, Jonathan Whitted"; THENCE along the northern property line of Tract 813 and Tract 8A, South 77 degrees 40 minutes 53 seconds West for a distance of 1507.44 feet (crossing over an iron pipe at 650.60 feet) to THE POINT OF BEGINNING; Said property contains 5.26 acres more or less. Being in all respects the same property shown as Lot 9B in Plat Cabinet E, File No. 58, Union County Public Registry. Barnette Tract Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE North 29 degrees 41 minutes 49 seconds West for a grid distance of 4398.45 feet to an existing iron pin on the western property line of Sandler At Kensington, LLC (now or formerly) as recorded in Deed Book 3320 Page 33, and also being the southeast corner of Lot 5 as shown on a plat entitled "Minor Subdivision Hat" as recorded 32 \ 11122036.4 5377 0055 in Plat Cabinet B File No. 46A at the North Carolina, Union County, Register of Deeds, THE POINT OF BEGINNING; THENCE along the western property line of Sandler At Kensington, LLC, South 04 degrees 06 minutes 31 seconds West for a distance of 762.67 feet to an existing iron pipe at the southeast corner of Lot 7 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the east property line of Lot 7 N32 degrees 52 minutes 56 seconds West for a distance of 531.99 feet to an existing iron pipe at the right-of-way of a cul-de-sac on Creek View Drive, being a 60' right-of-way as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the east right of way line of Creek View Drive the following 2 courses and distances; 1) THENCE along a curve to the left having a radius of 50.0 feet, an arc length of 88.05 feet, a chord bearing of North 06 degrees 42 minutes 21 seconds East for a distances of 77.10 feet to an iron pin set; 2) THENCE North 09 degrees 22 minutes 23 seconds East for a distance of 284.48 feet to an existing iron pin at the southwest corner of Lot 5 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE along the south property line of Lot 5 South 81 degrees 27 minutes 18 seconds East for a distance of 291.36 feet to the POINT OF BEGINNING. Said property contains 4.00 acres more or less. Being in all respects the same property shown as Tract 6 in Plat Cabinet B, File No. 46-A, Union County Public Registry. Fago Tract Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE North 22 degrees 00 minutes 23 seconds West for a grid distance of 5408.47 feet to an existing iron pin in the southwest property corner of Sandler At Kensington, LLC, now or formerly, as recorded in Deed Book 4191 Page 370 at the North Carolina, Union County, Register of Deeds, and being the northwest corner of Lot 20 as shown on a plat entitled "Marvin Properties Subdivision" as recorded in Plat Cabinet B File 46A, THE POINT OF BEGINNING; THENCE, along the west property line of Lot 20, South 16 degrees 29 minutes 03 seconds East a distance of 418.37 feet to an existing iron pin at the north right-of-way line of McCall Road (a 60 foot wide right-of-way per Plat Cabinet B File 46A); THENCE along the north right-of-way line of McCall Road, South 76 degrees 08 minutes 23 seconds West a distance of 477.50 feet to an existing iron pin at the intersection of Creek View Drive (a 60 foot wide right-of- way per Plat Cabinet B File 46A), and marking the east right-of-way line of Creek View Drive; THENCE, along the east right-of-way line of Creek View Drive, North 02 degrees 51 minutes 51 seconds West a distance of 401.04 feet to an iron pin set at the southwest corner of Lot 18 as shown on a plat entitled "Marvin Properties Subdivision"; THENCE, along the south property line of Lot 18, North 72 degrees 30 minutes 21 seconds East a distance of 382.62 feet to an existing iron pin, THE POINT OF BEGINNING. Said property contains 4.00 acres more or less. 111122036.4 33 5377 0056 Being in all respects the same property shown as Tract 19 in Plat Cabinet B, File No. 46-A, Union County Public Registry. Stalnaker Tract Being all of that piece or parcel of land lying within Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows: Commencing in Sandy Ridge Township, Union County, North Carolina at National Geodetic Survey Control Monument "OAK", said monument having North Carolina NAD 83' grid coordinates as follows: N=431,317.35 U.S.FT. E=1,470,991.72 U.S.FT.; THENCE North22 degrees 00 minutes 23 seconds West for a grid distance of 5408.47 feet to an existing iron pin in the southwest property corner of Sandler At Kensington, LLC, now or formerly, as recorded in Deed Book 4191 Page 370 at the North Carolina, Union County, Register of Deeds, and the northeast corner of Lot 19 as shown on a plat entitled "Marvin Properties Subdivision" as recorded in Plat Cabinet B File 46A, THE POINT OF BEGINNING; THENCE, along the north property line of Lot 19, South 72 degrees 30 minutes 21 seconds West, a distance of 3 82.62 feet to an iron pin set at the east right-of-way line of Creek View Drive (a 60 foot right-of-way as shown on a plat entitled "Marvin Properties Subdivision"); THENCE, along the east right-of-way line of Creek View Drive the following 4 courses and distances; 1.) THENCE, North 03 degrees 03 minutes 03 seconds West a distance of 336.79 feet to an iron pin set; 2.) THENCE, along a curve to the right, with an arc length of 210.47 feet, with a radius of 153.65 feet, a chord bearing of, North 36 degrees 11 minutes 28 seconds East, and a chord length of 194.40 feet to an iron pin set; 3.) THENCE, North 75 degrees 25 minutes 57 seconds East, a distance of 145.67 feet to an iron pin set; 4.) THENCE, along a curve to the left with an arc length of 62.36 feet, a radius of 50.00 feet, a chord bearing of, South 87 degrees 10 minutes 15 seconds East, with a chord length of 58.40 feet to an existing iron pin at the west property corner of Sandler At Kensington, LLC, as recorded in Deed Book 4288 Page 527; THENCE, along the west property line of Sandler At Kensington, LLC, South 32 degrees 57 minutes 56 seconds East a distance of 259.05 feet to an existing iron pin in the west property line of Sandler At Kensington, LLC, as recorded in Deed Book 4191 Page 370; THENCE, along the west property line of Sandler At Kensington, LLC the following 2 courses and distances; I.) THENCE, South 21 degrees 13 minutes 06 seconds West a distance of 194.71 feet to an existing iron pin; 2.) THENCE, South 07 degrees 34 minutes 38 seconds West a distance of 13.20 feet to an existing iron pin, THE POINT OF BEGINNING. Said property contains 4.00 acres more or less. Being in all respects the same property shown as Tract 18 in Plat Cabinet B, File No. 46-A, Union County Public Registry. LESS AND EXCEPTING ALL PROPERTY PREVIOUSLY CONVEYED AND RELEASED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (i) BEING all of Lots VH2-121 through VH2-123, inclusive, VH2-136 through VH2-147, inclusive, VH2-158 through VH2-161, inclusive, and VH3-162 through VH3-170, inclusive, as shown on Final Plat for Millbridge, Phase I, Map I, recorded in Plat Cabinet J, File No. 633, in the Office of the Register of Deeds for Union County, North Carolina. \11122036.4 34 5377 0057 (ii) BEING all of Lots V113-125 through VH3-131, inclusive, V113-133, VH3-134 and VH3-135, as shown on Final Plat of Millbridge, Phase I, Map I, recorded in Plat Cabinet J, File No. 634, in the Office of the Register of Deeds for Union County, North Carolina. (iii) BEING all of Lot V113-132, as shown on Final Plat -Revised for (Portion Of) Millbridge Phase I, Map I, recorded in Plat Cabinet K, File No 410, in the Office of the Register of Deeds for Union County, North Carolina. (iv) BEING all of Lots VH2-148 through V112-I56, inclusive, VH2-174 through VH2-180, inclusive, and V113-184 through VH3-191, inclusive, as shown on Final Plat Millbridge Phase 1, Map 2, recorded in Plat Cabinet J, File No 663, in the Office of the Register of Deeds for Union County, North Carolina. (v) BEING all of Lots VH3-192 through VH3-196, as shown on Final Plat- (Revised) Millbridge, Phase 1 Map 2, recorded din Plat Cabinet K, at page 124, in the Register of Deeds Office for Union County, North Carolina. (vi) BEING all of Lots VH2-25 through V112-29, inclusive, VH1-50 through VH1-55, inclusive, VH2-56 through VH2-60, inclusive, VHI-69 through 71, inclusive, VH2-86, VH2-87, VH1-88 through VHl-91, inclusive, VH2-92 through VH2-98, inclusive, and VH1-99 through VH1-102, inclusive, as shown on Final Plat for Millbridge, Phase 1 Map 3, recorded in Plat Cabinet J, File No 664, in the Office of the Register of Deeds for Union County, North Carolina. (vii) BEING ALL OF Lots V114-19 and V113-21, as shown on Final Plat for Millbridge, Phase I Map IV, recorded in Plat Cabinet K, File No 89, in the Office of the Register of Deeds for Union County, North Carolina. (viii) BEING all of Lots VH3-246 and VH3-247, as shown on Final Plat for Millbridge, Phase I Map V, recorded in Plat Cabinet K, File No 295, in the Office of the Register of Deeds for Union County, North Carolina. (ix) BEING all of Lots 911, 912, 913, 920, 921, 922, 923, 924, 928, 929, 932 and 934 as shown on Final Plat for Millbridge, Phase 3, Map I, recorded in Plat Cabinet K, File No 263, in the Office of the Register of Deeds for Union County, North Carolina. (x) BEING all of Lot 925, as shown on Final Plat for Millbridge, Phase 3, Map I, recorded in Plat Cabinet K, File No. 425, in the Office of the Register of Deeds for Union County, North Carolina. (xi) BEING all of that parcel shown as COS #2 on "Final Plat for Millbridge Phase I Map I" recorded in Plat Cabinet J, File No. 633, as revised by "Final Plat -Revised for (Portion of) Millbridge Phase I Map I" recorded in Plat Cabinet K, File No. 409, in the Office of the Register of Deeds of Union County, North Carolina. (xii) BEING all of that parcel shown as COS #3 on "Final Plat for Millbridge Phase I Map I" recorded in Plat Cabinet J, File No. 633, as revised by "Final Plat -Revised for (Portion of) \11122036.4 35 5377 0058 Millbridge Phase I Map I" recorded in Plat Cabinet K, File No. 409, in the Office of the Register of Deeds of Union County, North Carolina. (xiii) BEING all of that parcel shown as COS #4 on "Final Plat for Millbridge Phase I Map I" recorded in Plat Cabinet J, File No. 633, as revised by "Final Plat —Revised for (Portion of) Millbridge Phase I Map I" recorded in Plat Cabinet K, File No. 409, in the Office of the Register of Deeds of Union County, North Carolina. (xiv) BEING all of that parcel shown as COS #5 on "Final Plat for Millbridge Phase I Map I" recorded in Plat Cabinet J, File No. 634, as revised by "Final Plat —Revised for (Portion of) Millbridge Phase I Map I" recorded in Plat Cabinet K, File No. 410, in the Office of the Register of Deeds of Union County, North Carolina. (xv) BEING all of that parcel shown as COS #6 on "Final Plat for Millbridge Phase I Map I" recorded in Plat Cabinet J, File No. 634, as revised by "Final Plat —Revised for (Portion of) Millbridge Phase I Map I" recorded in Plat Cabinet K, File No. 410, in the Office of the Register of Deeds of Union County, North Carolina. (xvi) BEING all of that parcel shown as COS 1 on "Final Plat for Millbridge Phase 1 Map 2" recorded in Plat Cabinet J, File No. 663, as revised by "Final Plat —(Revised) Millbridge Phase 1 Map 2" recorded in Plat Cabinet K, File No. 124, in the Office of the Register of Deeds of Union County, North Carolina. (xvii) BEING all of that parcel shown as COS 2 on "Final Plat for Millbridge Phase 1 Map 2" recorded in Plat Cabinet J, File No. 663, as revised by "Final Plat —(Revised) Millbridge Phase 1 Map 2" recorded in Plat Cabinet K, File No. 124, in the Office of the Register of Deeds of Union County, North Carolina. (xviii) BEING all of that parcel shown as COS 3 on "Final Plat for Millbridge Phase 1 Map 2" recorded in Plat Cabinet J, File No. 663, as revised by "Final Plat —(Revised) Millbridge Phase 1 Map 2" recorded in Plat Cabinet K, File No. 124, in the Office of the Register of Deeds of Union County, North Carolina. (xix) BEING all of that parcel shown as COS ± .43 AC. on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File No. 664, in the Office of the Register of Deeds of Union County, North Carolina. (xx) BEING all of that parcel shown as COS ± 7.47 AC. on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File No. 664, in the Office of the Register of Deeds of Union County, North Carolina. (xxi) BEING all of that parcel shown as COS ± .19 AC. on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File No. 664, in the Office of the Register of Deeds of Union County, North Carolina. \ 11122036.4 36 5377 0059 (xxii) BEING all of that parcel shown as COS ± .92 AC. on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 and 665, as revised by "Final Plat -Revised for (Portion of) Millbridge Phase I Map 3" recorded in Plat Cabinet K, File Nos. 411 and 412, in the Office of the Register of Deeds of Union County, North Carolina. (xxiii) BEING all of that parcel shown as COS ± .47 AC. on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File No. 664, as revised to be shown as COS ± .469 AC. on "Final Plat -REVISED for Lots V112-61, VH1-62, VH1-63, VH1-64, VH1-65, VH1-66, VH1-67, VH1- 104, VH1-99, VH2-98, VH2-95, VH2-94, H2-93, VH2-92 Millbridge Phase I Map 3" recorded in Plat Cabinet K, File No. 226, in the Office of the Register of Deeds of Union County, North Carolina. (xxiv) BEING all of that parcel shown as COS 1 on "Final Plat for Millbridge Phase I Map IV" recorded in Plat Cabinet K, File No. 89, as revised by plat recorded in Plat Cabinet K, File No. 147, as further revised by plat recorded in Plat Cabinet K, File No. 268, as revised by "Final Plat - REVISED Lot 17, Lot 18 and COS 2 for Millbridge Phase I Map IV, & Millbridge Amenity" recorded in Plat Cabinet K, File No. 860, in the Office of the Register of Deeds of Union County, North Carolina. (xxv) BEING all of that parcel shown as COS 2 on "Final Plat for Millbridge Phase I Map IV" recorded in Plat Cabinet K, File No. 89, as revised by plat recorded in Plat Cabinet K, File No. 147, as further revised by plat recorded in Plat Cabinet K, File No. 268, as revised by "Final Plat - REVISED Lot 17, Lot 18 and COS 2 for Millbridge Phase I Map IV, & Millbridge Amenity" recorded in Plat Cabinet K, File No. 860, in the Office of the Register of Deeds of Union County, North Carolina. (xxvi) BEING all of that parcel shown as Millbridge Amenity on "Final Plat -REVISED Lot 17, Lot 18 and COS 2 for Millbridge Phase I Map IV" recorded in Plat Cabinet K, File No. 268, as revised by "Final Plat -REVISED Lot 17, Lot 18 and COS 2 for Millbridge Phase I Map IV, & Millbridge Amenity" recorded in Plat Cabinet K, File No. 860, in the Office of the Register of Deeds of Union County, North Carolina. (xxvii) BEING all of that parcel shown as COS ± 6.515 Acres as shown on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295, as further shown on "Final Plat -Revised for (Portion Of) Millbridge Phase I Map V" recorded in Plat Cabinet L, File No. 259, in the Office of the Register of Deeds of Union County, North Carolina. (xxviii) BEING all of that parcel shown as COS ± 2,043 sq. ft. as shown on "Final Plat for Millbridge Phase 3 Map I" recorded in Plat Cabinet K, File No. 263, as revised by "Final Plat for Millbridge Phase 3 Map I" recorded in Plat Cabinet K, File No. 425, in the Office of the Register of Deeds of Union County, North Carolina. (xxix) BEING all of that parcel shown as COS ± .110 AC. as shown on "Final Plat for Millbridge Phase 3 Map I" recorded in Plat Cabinet K, File No. 263, as revised by "Final Plat for Millbridge Phase 3 Map I" recorded in Plat Cabinet K, File No. 425, in the Office of the Register of Deeds of 37 \11122036.4 5377 0060 Union County, North Carolina. (xxx) BEING all of that parcel shown as COS ± .300 AC. as shown on "Final Plat for Millbridge Phase 3 Map I" recorded in Plat Cabinet K, File No. 263, as revised by "Final Plat for Millbridge Phase 3 Map I" recorded in Plat Cabinet K, File No. 425, in the Office of the Register of Deeds of Union County, North Carolina. (xxxi) BEING all of that certain lot or parcel of land situated in the Town of Waxhaw, Union County, North Carolina and more particularly described as follows: All that certain piece, parcel or tract of land, with any improvements thereon, lying, being and situate on H.C. Nesbit Park Road (a 50' public right-of-way) in the Town of Waxhaw, Union County, North Carolina, containing 40.898 acres, more or less, as shown and described as "Waxhaw Town Park Area: 40.898 +/- Acres" on that certain plat of survey entitled "Waxhaw Town Park Plat" prepared by David B. Boyles, NC PLS No. L-3135, dated July 6, 2009, and recorded July 7, 2009, in Plat Book K, Pages 996 and 997, Office of the Register of Deeds for Union County, North Carolina, reference to which plat is hereby made for a more particular description of the Premises. (xxxii) BEING all of that 9,338 square foot lot shown as VI2-23 on that certain plat entitled "Final Plat for Millbridge Phase I, Map 3" recorded in Plat Cabinet J, File 664 in the office of the Register of Deeds for Union County, North Carolina, as revised by "Final Plat —Revised for (Portion of) Millbridge Phase I Map 3" recorded in Plat Cabinet K, File 411 in the office of the Register of Deeds for Union County, North Carolina. (xxxiii)BEING all of that parcel shown as VI2-24 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665, as further shown on "Final Plat —Revised For (Portion Of) Millbridge Phase I Map 3" recorded in Plat Cabinet K, File Nos. 411 through 412, all in the Office of the Register of Deeds of Union County, North Carolina. (xxxiv) BEING all of that parcel shown as VH 1-81 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (xxxv) BEING all of that parcel shown as VH 1-83 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (xxxvi)BEING all of that parcel shown as VI2-85 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (xxxvii) BEING all of that parcel shown as VH 1-75 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. 38 \11122036.4 5377 0061 (xxxviii) BEING all of that parcel shown as VH1-77 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (xxxix) BEING all of that parcel shown as VHI-80 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (xl) BEING all of that parcel shown as VH4-18 on "Final Plat -REVISED Lots VH4-17, VH4-18 & COS 2 in Millbridge Phase I Map IV, & Millbridge Amenity, Previously Recorded in Plat Cabinet K File 860" recorded in Plat Cabinet L, File No. 141 in the Office of the Register of Deeds of Union County, North Carolina. (xli) BEING all of that parcel shown as VH2-157 on "Final Plat —(Revised) Millbridge Phase 1 Map 2" recorded in Plat Cabinet K, File No. 124 in the Office of the Register of Deeds of Union County, North Carolina. (xlii) BEING all of that parcel shown as VH2-181 on "Final Plat —(Revised) Millbridge Phase 1 Map 2" recorded in Plat Cabinet K, File No. 124 in the Office of the Register of Deeds of Union County, North Carolina. (xliii) BEING all of that parcel shown as VH2-182 on "Final Plat —(Revised) Millbridge Phase 1 Map 2" recorded in Plat Cabinet K, File No. 124 in the Office of the Register of Deeds of Union County, North Carolina. (xliv) BEING all of that parcel shown as VH2-183 on "Final Plat —(Revised) Millbridge Phase 1 Map 2" recorded in Plat Cabinet K, File No. 124 in the Office of the Register of Deeds of Union County, North Carolina. (xlv) BEING all of that parcel shown as VH2-200 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295, as further shown on "Final Plat -Revised for (Portion Of) Millbridge Phase I Map V" recorded in Plat Cabinet L, File No. 259 in the Office of the Register of Deeds of Union County, North Carolina. (xlvi) BEING all of that parcel shown as VH3-223 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295 in the Office of the Register of Deeds of Union County, North Carolina. (xlvii) BEING all of that parcel shown as VH3-225 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295 in the Office of the Register of Deeds of Union County, North Carolina. (xlviii) BEING all of that parcel shown as VH3-226 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295 in the Office of the Register of Deeds of Union County, \11122036.4 Wei 5377 0062 North Carolina. (xlix) BEING all of that parcel shown as VH2-30 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665, as further shown on "Final Plat —Revised For (Portion Of) Millbridge Phase I Map 3" recorded in Plat Cabinet K, File Nos. 411 through 412, all in the Office of the Register of Deeds of Union County, North Carolina. (1) BEING all of that parcel shown as VH2-31 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665, as further shown on "Final Plat —Revised For (Portion Of) Millbridge Phase I Map 3" recorded in Plat Cabinet K, File Nos. 411 through 412, all in the Office of the Register of Deeds of Union County, North Carolina. (li) BEING all of that parcel shown as VH2-61 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665, as further shown on "Final Plat —REVISED For Lots VH2-61, VH1-62, VHl-63, VH1-64, VH1-65, VH1-66, VH1-67, VH1-104, VH1-99, VH2-98, VH2-95, VH2-94, H2-93, VH2-92" recorded in Plat Cabinet K, File No. 226, all in the Office of the Register of Deeds of Union County, North Carolina. (lii) BEING all of that parcel shown as VH1-73 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (liii) BEING all of that parcel shown as VH 1-74 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (liv) BEING all of that parcel shown as VH3-248 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295 in the Office of the Register of Deeds of Union County, North Carolina. (lv) BEING all of that lot or parcel shown as VH3-171 on "Final Plat —Revised for (Portion Of) Millbridge Phase I Map I" recorded in Plat Cabinet K, File No. 409 in the Office of the Register of Deeds of Union County, North Carolina. (lvi) BEING all of that lot or parcel shown as VH3-214 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295, as further shown on "Final Plat -Revised for (Portion Of) Millbridge Phase I Map V" recorded in Plat Cabinet L, File No. 259, in the Office of the Register of Deeds of Union County, North Carolina. (lvii) BEING all of that lot or parcel shown as VH3-220 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295, as further shown on "Final Plat -Revised for (Portion Of) Millbridge Phase I Map V" recorded in Plat Cabinet L, File No. 259, in the Office of the Register of Deeds of Union County, North Carolina. (lviii) BEING all of that lot or parcel shown as VH3-221 on "Final Plat for Millbridge Phase I Map \11122036.4 ,o 5377 0063 V" recorded in Plat Cabinet K, File No. 295, as further shown on "Final Plat -Revised for (Portion 00 Millbridge Phase I Map V" recorded in Plat Cabinet L, File No. 259, in the Office of the Register of Deeds of Union County, North Carolina. (lix) BEING all of that parcel shown as COS 2 on "Final Plat —REVISED Lots VH4-17, VH4-18, & COS 2 in Millbridge Phase I Map IV, & Millbridge Amenity Subdivision, Previously Recorded in Plat Cabinet K File 860" recorded in Plat Cabinet L, File No. 141 in the Office of the Register of Deeds of Union County, North Carolina. (lx) BEING all of that parcel shown as VH2-11 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File No. 664, as amended by that that certain plat entitled "Final Plat - Revised for (Portion of) Millbridge Phase I Map 3" recorded in Plat Cabinet K, File No. 411 in the Office of the Register of Deeds of Union County, North Carolina. (lxi) BEING all of that parcel shown as VH2-12 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File No. 664 in the Office of the Register of Deeds of Union County, North Carolina. (lxii) BEING all of that parcel shown as VH2-201 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295, as further shown on "Final Plat -Revised for (Portion Of) Millbridge Phase I Map V" recorded in Plat Cabinet L, File No. 259, in the Office of the Register of Deeds of Union County, North Carolina. (lxiii) BEING all of that parcel shown as VH2-202 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295, as further shown on "Final Plat -Revised for (Portion Of) Millbridge Phase I Map V" recorded in Plat Cabinet L, File No. 259, in the Office of the Register of Deeds of Union County, North Carolina. (lxiv) BEING all of that parcel shown as VH2-203 on "Final Plat for Millbridge Phase I Map V" recorded in Plat Cabinet K, File No. 295, as further shown on "Final Plat -Revised for (Portion 00 Millbridge Phase I Map V" recorded in Plat Cabinet L, File No. 259, in the Office of the Register of Deeds of Union County, North Carolina. (lxv) BEING all of that parcel shown as Lot 259 on "Final Plat for Millbridge Phase 2 Map 1" recorded in Plat Cabinet L, File No. 246 in the Office of the Register of Deeds of Union County, North Carolina. (lxvi) BEING all of that parcel shown as Lot 260 on "Final Plat for Millbridge Phase 2 Map 1" recorded in Plat Cabinet L, File No. 246 in the Office of the Register of Deeds of Union County, North Carolina. (lxvii) BEING all of that parcel shown as VH2-32 on "Final Plat —Revised For (Portion Of) Millbridge Phase I Map 3" recorded in Plat Cabinet K, File Nos. 411 through 412 in the Office of the Register of Deeds of Union County, North Carolina. 41 \11122036A 5377 0064 (lxviii) BEING all of that parcel shown as VH2-33 on "Final Plat —Revised For (Portion Of) Millbridge Phase I Map 3" recorded in Plat Cabinet K, File Nos. 411 through 412 in the Office of the Register of Deeds of Union County, North Carolina. (lxix) BEING all of that parcel shown as VHl-49 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (lxx) BEING all of that parcel shown as V111-67 on "Final Plat —REVISED For Lots V112-61, VHI-62, VH1-63, VH1-64, VH1-65, VHI-66, VH1-67, VH1-104, VHI-99, VH2-98, VH2-95, VH2- 94, 112-93, VH2-92" recorded in Plat Cabinet K, File No. 226, all in the Office of the Register of Deeds of Union County, North Carolina. (lxxi) BEING all of that parcel shown as V111-72 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (lxxii) BEING all of that parcel shown as VHI-76 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (lxxiii) BEING all of that parcel shown as VH1-78 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in. the Office of the Register of Deeds of Union County, North Carolina. (lxxiv) BEING all of that parcel shown as VH 1-84 on "Final Plat for Millbridge Phase I Map 3" recorded in Plat Cabinet J, File Nos. 664 through 665 in the Office of the Register of Deeds of Union County, North Carolina. (lxxv) BEING all of that portion of the right-of-way shown as "Dedicated to Town of Waxhaw; Portion of Union County Board of Education" as shown on that plat entitled "Final Plat H.C. Nesbit Park Road" recorded in Plat Cabinet J, File No. 591 in the Office of the Register of Deeds of Union County, North Carolina. (lxxvi) BEING all of that parcel shown as Lot 257 on "Final Plat for Millbridge Phase 2 Map 1" recorded in Plat Cabinet L, File No. 246 in the Office of the Register of Deeds of Union County, North Carolina. (Ixxvii)BEING all of that parcel shown as Lot 258 on "Final Plat for Millbridge Phase 2 Map 1" recorded in Plat Cabinet L, File No. 246 in the Office of the Register of Deeds of Union County, North Carolina. (lxxviii)BEING all of that parcel shown as Lot 261 on "Final Plat for Millbridge Phase 2 Map 1" recorded in Plat Cabinet L, File No. 246 in the Office of the Register of Deeds of Union County, North Carolina. m \11122036.4 5377 0065 (lxxix) BEING all of that parcel shown as COS #1 on "Final Plat for Millbridge Phase I Map I" recorded in Plat Cabinet J, File No. 633, as revised by "Final Plat —Revised for (Portion of) Millbridge Phase I Map I" recorded in Plat Cabinet K, File No. 409, in the Office of the Register of Deeds of Union County, North Carolina. (lxxx) BEING all of that parcel shown as COS ± 1.318 Acres as shown on "Final Plat for Millbridge Phase 2 Map 1" recorded in Plat Cabinet L, File No. 246 in the Office of the Register of Deeds of Union County, North Carolina. TOGETHER WITH AND INCLUDING ALL OF THE FOLLOWING PROPERTY ACQUIRED: BEING any and all of Millbridge Homeowner's Association, Inc.'s right, title and interest in and to that real property comprising Lot-VH4-17 as shown on "Final Plat —REVISED Lots VH4-17, VH4- 18, & COS 2 in Millbridge Phase I Map IV, & Millbridge Amenity Subdivision, Previously Recorded in Plat Cabinet K File 860" recorded in Plat Cabinet L, File No. 141 in the Office of the Register of Deeds of Union County, North Carolina. TOGETHER WITH AND SUBJECT TO ALL RIGHT, TITLE AND INTEREST SET FORTH IN THE FOLLOWING: Easement Agreement dated July 7, 2009 between the Town of Waxhaw and Atlas Union SPE, LLC as recorded July 9, 2009 in Book 5170, Page 506, and as shown on "Waxhaw Town Park Plat for Town of Waxhaw," recorded in Plat Cabinet K, File 996 and 997, of the Office of the Register of Deeds for Union County, North Carolina. THE PROPERTY DESCRIBED ABOVE SPECIFICALLY INCLUDES THE PLATTED LOTS, COMMON AREAS AND FUTURE DEVELOPMENT TRACTS IN MILLBRIDGE MORE PARTICULARLY SET FORTH ON EXHIBIT B ATTACHED HERETO. 43 \11122036.4 5377 0066 EXHIBIT "B" MILLBRIDGE SUBDIVISION Lot Phase Map Plat Bk/Pa a Tax Parcel Number VH2-1 1 3 J-664 & 665 06192477 VH2-2 1 3 J-664 & 665 06192478 VH2-3 1 3 J-664 & 665 06192479 VH24 1 3 J-664 & 665 06192480 VH2-5 1 3 J-664 & 665 06192481 VH2-6 1 3 J-664 & 665 06192482 VH1-7 1 3 J-664 & 665 06192483 VH1-8 1 3 J-664 & 665; K-411 & 412 06192484 VH1-9 1 3 J-664 & 665; K-411 & 412 06192485 VH1-10 1 3 J-664 & 665; K-411 & 412 06192486 VH2-13 1 3 J-664 & 665 06192489 VH2-14 1 3 J-664 & 665; K-411 & 412 06192490 VH5-15 1 4 K-26; K-35; K-89; K-147 05165005A VH5-16 1 4 K-26; K-35; K-89; K-147 05165006A VH4-17 1 4 K-26; K-35; K-89; K-147; K- 268; K-860; 1-141 05165007 VH3-20 1 4 K-26; K-35; K-89; K-147 05165010 VH3-22 1 4 K-26; K-35; K-89; K-147 05165012 VH2-34 1 3 J-664 & 665; K-411 & 412 06192506 VH2-35 1 3 J-664 & 665; K-411 & 412 06192507 VH2-36 1 3 J-664 & 665; K-411 & 412 06192508 VH2-37 1 3 J-664 & 665; K-411 & 412 06192509 VH2-38 1 3 J-664 & 665; K-411 & 412 06192510 VH2-39 1 3 J-664 & 665; K-411 & 412 06192511 VH2-40 1 3 J-664 & 665; K-411 & 412 06192512 VH2-41 1 3 J-664 & 665; K-411 & 412 06192513 VH1-42 1 3 J-664 & 665 06192514 VH1-43 1 3 J-664 & 665 06192515 VH1-44 1 3 J-664 & 665 06192516 VH 1-45 1 3 J-664 & 665 06192517 VH 1-46 1 3 J-664 & 665 06192518 VH1-47 1 3 J-664 & 665 06192519 VH1-48 1 3 J-664 & 665 06192520 VH1-62 1 3 J-664 & 665; K-226 06192572 VH1-63 1 3 J-664 & 665; K-226 06192573 MA \11122036.4 5377 0067 Lot Phase Map Plat Bk/Pa a Tax Parcel Number VH1-64 1 3 J-664 & 665; K-226 06192574 VH1-65 1 3 J-664 & 665; K-226 06192575 VH1-66 1 3 J-664 & 665; K-226 06192576 VH1-68 1 3 J-664 & 665 06192557 VH1-79 1 3 J-664 & 665 06192530 VH1-82 1 3 J-664 & 665 06192533 VH1-103 1 3 J-664 & 665; K-226 06192554 VH1-104 1 3 J-664 & 665; K-226 06192555 VH2-105 1 1 J-634; K-410 06192423 VH2-106 1 1 J-634; K-410 06192422 VH2-107 1 1 J-634; K-410 06192421 VH2-108 1 1 J-634; K-410 06192420 VH2-109 1 1 J-634; K-410 06192419 VH2-110 1 1 J-634; K-410 06192418 VH2-111 1 1 J-634; K-410 06192417 VH2-112 1 1 J-634; K-410 06192416 VH2-113 1 1 J-634; K-410 06192415 VH2-114 1 1 J-634; K-410 06192414 VH2-115 1 1 J-634; K-410 06192413 VH2-116 1 1 J-634; K-410 06192412 VH2-117 1 1 J-634; K-410 06192411 VH2-118 1 1 J-634; K-410 06192410 VH2-119 1 1 J-634; K-410 06192409 VH2-120 1 1 J-634; K-410 06192408 VH3-124 1 1 J-634; K-410 06192424 VH3-172 1 1 J-633; K-409 06192405 VH3-173 1 1 J-633; K-409 06192406 VH3-197 1 2 J-663; K-124 06192469 VH3-198 1 2 J-663; K-124 06192468 VH3-199 1 2 J-663; K-124 06192467 VH2-204 1 5 K-295; L-259 06192665 VH2-205 1 5 K-295; L-259 06192666 VH2-206 1 5 K-295; L-259 06192667 VH2-207 1 5 K-295; L-259 06192668 VH2-208 1 5 K-295; L-259 06192669 VH2-209 1 5 K-295; L-259 06192670 VH2-210 1 5 K-295; L-259 06192671 VH2-211 1 5 K-295; L-259 06192672 VH2-212 1 5 K-295; L-259 06192673 45 \11122036.4 5377 0068 Lot Phase Map Plat Bk/Pa a Tax Parcel Number VH2-213 1 5 K-295; L-259 06192674 VH3-215 1 5 K-295; L-259 06192676 VH3-216 1 5 K-295; L-259 06192677 VH3-217 1 5 K-295; L-259 06192678 VH3-218 1 5 K-295; L-259 06192679 VH3-219 1 5 K-295; L-259 06192680 VH3-222 1 5 K-295 06192683 VH3-224 1 5 K-295 06192685 VH3-227 1 5 K-295 06192688 VH3-228 1 5 K-295 06192689 VH3-229 1 5 K-295 06192690 VH3-230 1 5 K-295 06192691 VH3-231 1 5 K-295 06192692 VH3-232 1 5 K-295 06192693 VH3-233 1 5 K-295 06192694 VH3-234 1 5 K-295 06192695 VH3-235 1 5 K-295 06192696 VH3-236 1 5 K-295 06192697 VH3-237 1 5 K-295 06192698 VH3-238 1 5 K-295 06192699 VH3-239 1 5 K-295 06192700 VH3-240 1 5 K-295 06192701 VH3-241 1 5 K-295 06192702 VH3-242 1 5 K-295 06192703 VH3-243 1 5 K-295 06192704 VH3-244 1 5 K-295 06192705 VH3-245 1 5 K-295 06192706 VH3-249 1 5 K-295 06192710 VH3-250 1 5 K-295 06192711 VH3-251 1 5 K-295 06192712 VH3-252 1 5 K-295 06192713 VH3-253 1 5 K-295 06192714 VH3-254 1 5 K-295 06192715 VH3-255 1 5 K-295 06192716 VH3-256 1 5 K-295 06192717 794 3 1 K-263; K-425 06168071 824 3 1 K-263; K-425 06168072 825 3 1 K-263; K-425 06168073 826 3 1 K-263; K-425 06168074 \11122036.4 5377 0069 Lot Phase Map Plat Bk/Pa a Tax Parcel Number 827 3 1 K-263; K-425 06168075 906 3 1 K-263; K-425 06168076 907 3 1 K-263; K-425 06168077 908 3 1 K-263; K-425 06168078 909 3 1 K-263; K-425 06168079 910 3 1 K-263; K-425 06168080 914 3 1 K-263; K-425 06168084 915 3 1 K-263; K-425 06168085 916 3 1 K-263; K-425 06168086 917 3 1 K-263; K-425 06168087 918 3 1 K-263; K-425 06168088 919 3 1 K-263; K-425 06168089 926 3 1 K-263; K-425 06168096 927 3 1 K-263; K-425 06168097 930 3 1 K-263; K-425 06168100 931 3 1 K-263; K-425 06168101 933 3 1 K-263; K-425 06168103 FUTURE DEVELOPMENT TRACTS Tax Acreage Tax Parcel Number 85.39 05138004 21.34 05138005 16.51 05141009 179.95 05165001 5.96 05165002 11.80 05165003 11.59 05165004 17.71 05165005 8.28 05168013 0.67 05168013B 0.11 05168014A 47.23 05168015 2.07 05168016 4.99 05168018 14.50 05168018B 53.52 05168019 85.04 06165006 47 11 1122036.4 5377 0070 57.24 06168001 4.00 06168065 4.00 06168069 3.99 06195001 4.01 06195002 3.99 06195003 6.47 06195004 4.00 06195004A 5.26 06195005 5.26 06195005A 4.00 06195006 2.00 06195007 4.00 06195008 4.01 06195009 6.26 06195010 4.05 06195011 4.00 06195014 4.00 06195015 2.00 06195016 2.61 06192001C \11122036.4 5377 0071 EXHIBIT "C" Permitted Exceptions to Title 1. The following matters shown on survey of future development, made by McKim & Creed, dated June 24, 2010: i. General: a) Drop inlet(s); b) Catch basin(s); c) Electrical box(es); d) Air release valve(s); e) Overhead utility, power and light poles and guy wire(s); fj RCP(s); g) Wetlands; h) Underground electric, gas, telephone and water line(s); i) Electric, water meter(s) and valve(s); j) Fire hydrant(s); k) Sanitary sewer, cleanout and manhole(s); 1) Transformer(s); m) Streams, creeks, CMP(s) and CPP(s); n) TV and telephone ped(s); ii. As to Ames only: a) Terms and conditions and rights of others in and to for ingress, egress and regress easement as described in Book 393, page 674, Union County Registry. iii. As to Craig only: a) Right of way of Waxhaw Marvin Road; iv. As to Dorazil only: a) Right of way of Helms Road; b) Possible encroachment of 4' fence; V. As to Gamble only: a) Right of way of Tory Path Road; vi. As to Grossman only: a) b) vii. Ponding water from grading; Meandering dirt road(s); As to Howie only: 49 \11122036.4 5377 0072 a) Roadway(s) not open and not dedicated; viii. As to Kratt only: a) Roadway(s) not open and not dedicated; b) Meandering 20' gravel road; c) Concrete bridge with gate; d) Covered bridge; e) Rights of others in and to Millbridge Parkway; f) Meandering dirt roads; ix. As to Lowery only: a) Meandering dirt road; X. As to Marvin Properties only [NOTE: Carter Tract, Deese Tract, Gay Tract, Green Tract, Martin Tract I and Martin Tract II, Opgenorth Tract, Rose Tract, C. Schuner Tract, D. Schuner Tract 14 and D. Schuner Tract 15, Waibel Tract, Yow Tract, Dunn Tract, Hargett Tract, Barnette Tract, Fago Tract, and Stalnaker as more particularly described in Exhibit A of this Deed currently make up the Marvin Properties]: a) Concrete bridge; b) Pond; c) Meandering dirt road(s) and temporary gravel construction road; d) Right of way of McCall Road (as to C. Schuner Tract only); e) Rights of way of Creek View Drive and McCall Road (except as to C. Schuner Tract); xi. As to McDonald only: a) Rights of others in and to Hancock Road; b) Pond; c) Meandering dirt road(s); d) Possible encroachment of fence line; xii. As to Spittle only: a) Meandering dirt road; xiii. As to Stack (Tract 1) only: a) Right of way of Tory Path Road; xiv. As to Stack (Tract 2) only: a) 10.6' x 7.9' well house encroaching into right of way of Tory Path Road; b) 10' gravel road; xv. As to Stack Gap only: a) Right of way of Tory Path Road; bill U 1122036.4 5377 0073 b) Meandering unnamed road; xvi. As to Stack (Tract 3) and Stack (Tract 4) only: a) Pond(s); b) Meandering 10' gravel roads; c) Encroaching fence; xvii. As to Towell only: a) Right of way of Waxhaw Marvin Road; b) Meandering 20' gravel road; 3. Rights of the railroad company servicing the railroad siding located on insured land in and to the ties, rails and other properties constituting said railroad siding or in and to the use thereof and also rights of others thereto entitled in and to the use thereof. Title to that portion of the land, if any, lying within the railroad right of way extending up to one hundred feet (100') on each side of the tracks or two hundred feet (200') in total width, whichever is greater. 4. Claims to land created or lost by accretion, reliction or avulsion resulting from movement of the Twelve Mile Creek and any other branches, creeks, streams or other waters coursing and forming part of the boundary of the insured land; title to that portion of the property within the normal bounds of Twelve Mile Creek and any other branches, creeks, streams or other waters coursing the land; riparian or littoral rights incident to any branches, creeks, streams or other waters coursing the land; rights of others entitled thereto in and to the continued uninterrupted flow of Twelve Mile Creek and any other branches, creeks, streams or other waters affecting the insured land. 5. Matters shown on plat(s) recorded in Union County Registry as follows: a) Plat Cabinet B, File 46A; b) Plat Cabinet D, File 449; c) Plat Cabinet G, File 958, including, without limitation, possible encroachment of a Septic Field as shown on the plat; d) Plat Cabinet J, File 326; e) Plat Cabinet J, File 518; f) Plat Cabinet J, File 591; g) Plat Cabinet J, Files 633 and 634, portion of plats revised by Plat Cabinet K, Files 409 and 410; h) Plat Cabinet J, Files 663, revised in Plat Cabinet K, File 124; i) Plat Cabinet J, Files 664 and 665, revised in Plat Cabinet K, File 226 to show force main easement, and portion of plats revised by Plat Cabinet K, Files 411 and 412; j) Plat Cabinet K, File 26, revised in Plat Cabinet K, File 35, additional revisions made in Plat Cabinet K, Files 89 and 147, portions further revised in Plat Cabinet K, Files 268 and 860 and Plat 51 1 11122036.4 5377 0074 CabinetL, File 141; k) Plat Cabinet K, File 295; 1) Plat Cabinet K, File 263, revised in Plat Cabinet K, File 425; m) Plat Cabinet K, File 996 and 997 6. Easements to Union Electric Membership Corporation recorded in Book 88, page 79; Book 350, page 282 and Book 4357, page 797 (Book 350, page 282 and Book 4357, page 797 as to Marvin Properties only, shown on map recorded in Plat Cabinet B, File 46A), Union County Registry. 7. Rights of Way in favor of Eugene Mackey recorded in Book 291, page 51, Union County Registry. (As to Lot 933 only, shown on map recorded in Plat Cabinet K, File 425) 8. Easement to Mid -Carolina Telephone Company recorded in Book 357, page 306, Union County Registry. (As to Marvin Properties only, shown on map recorded in Plat Cabinet B, File 46A) 9. Easement and/or right of way to Duke Power Company recorded in Book 425, page 155; Book 456, page 379 and Book 4798, page 237, Union County Registry. (As to Gamble and Howie Tracts only) 10. Easements and/or rights of way to North Carolina Natural Gas Corporation recorded in Book 1380, page 888 and Book 1382, pages 212 and 214, Union County Registry. (As to Gordon, Lowery and Spittle Tracts only) 11. Easements to Union County for sanitary sewer line recorded in Book 4041, pages 90, 95, 99, 103, 107, 111 and 115, Union County Registry. 12, Covenants, conditions, restrictions and easements contained therein appearing of record in that certain Declaration of Covenants, Conditions and Restrictions for Millbridge recorded in Book 4389, page 702, as affected by that certain First Supplemental Declaration of Covenants, Conditions and Restrictions for Millbridge recorded in Book 4425, page 476 and re -recorded in Book 4428, pages 867 and 868, and as further affected by that certain Collateral Assignment of Declarant's Rights, Contracts and Permits for Millbridge recorded in Book 5049, page 860; as further affected by that Second Supplemental Declaration of Covenants, Conditions and Restrictions for Millbridge recorded in Book 5131, Page 289; as further affected by that certain Amendment to and Withdrawal of Land from Declaration of Covenants, Conditions and Restrictions recorded in Book 5170, Page 499. 13. Rights of way to Windstream NC, Inc. recorded in Book 4795, page 460, Union County Registry. (As to Howie and Grossman Tracts and as shown on map recorded in Plat Cabinet K, File 263 and Plat Cabinet K, File 425 only) 14. Terms and conditions and rights of others in and to Easement Agreement between Atlas Union SPE, LLC and Town of Waxhaw recorded in Book 5170, Page 506, Union County Registry. \11122036.4 52