Loading...
HomeMy WebLinkAboutS - Non Warranty Deed - Toben Properties, LLC~~ ~ NORTH CAROLINA NON-WAP:RANTY DEED Excise Tax: NONE ~-~~GG 5~ Parcel Identifier No. 9 7 8 8 - 0$ - 6 2 9 7 Verified by County on the day of , 20_ By: & 9788-06-7213 MailBox to: Grantee This instrument was prepared by: Geoffrey E G edh ~ 1 l Brief description for the Index: # 12 and # 13 o f Block C THIS DEED made this day of 20_, by and between GRANTOR Orange County, North Carolina GRANTEE Toben Properties, LLC 8300 Pickards Meadow Road Chapel Hill, NC 27516 Enter in appropriate block for each party: name, address, and, if appropriate, chazacter 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 City of Chapel Hill Township, Orange County, North Carolina and more particularly described as follows: See Attachment A The property hereinabove described was acquired by Grantor by instrument recorded in Book 4 4 4 page 4 91 A map showing the above described property is recorded in Plat Book 1 page 6 3 NC Bar Association Form No. 7 ~ 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 + James Williams & Co., Inc. www.JamesWilliams.com 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. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. IN WI'T'NESS WHEREOF, the Grantor has caused this instrument to be duly executed and delivered. Orange County North Carolina By: Barry J Chair, Orang C of Co 'ssio ty Board ATTEST: David Hunt - Deputy- Clerk .to. the Board of Commissioners Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of 20 ~ - ~w My Commission Expires: ~ Notary Public State of North Carolina-- County of Orange I~ %~'! a Notary. Public of the County and State aforesaid, ce tify.that David Hunt personally came before me this-day .and acknowledged that he is Deputy Clerk to the Board of Commissioners for Orange County, North Carolina. and that by authority duly given and as the act of~said County, the foregoing instrument was. signed in its name by the Chair of said Board of Commissioners and attested by him as Deputy Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the d?,3 ~~ da of " ~~ Y ~~~~. Notary Public My commission expires : ~.~ ~,3 ~ ~~ The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County BY~ Deputy/Assistant -Register of Deeds NC Bar Association Form No. 7 ©1977, 2002 Printed by Agreement with the NC Bar Association - 1981 (SEAL) O (SEAL) U ~ ~ (SEAL) w (SEAL) County of _ + James Williams & Co., Inc. www.JamesWilliams.com Attachment A TRACT No. 1: BEGINNING at a point, the southwest intersection of the property lines of Rosemary Lane and Graham Street and running thence along the west side property line of Graham Street South 22 deg. 0' East 163 feet to the northeast corner of Lot No. 12 of the plat hereinafter referred to; thence along the north line of said Lot No. 12 South 68 deg. 0' West 25.3 .feet to a point in the line of an undesignated section of Block "C" of the plat hereinafter referred to or the northwest corner of the said lot No. 12; thence along the undesignated section of block "C" North 22 deg. 37' West 171.2 feet to the South sidE of Rosemary Lane; thence along the South side of Rosemary Lane North 87 deg. 35' East 24.4 feet to the point of begmning.. Same being lots 13, 14, 15 of.Block "C" of the plat known as Lloyd Place Property of Durwood O'Kelly as platted by R.M. Pickard in April, 1927 and recorded in the Office of the Register of Deeds of Orange County in Plat Book 1, Page 63 to which reference can be made for a more detailed description of same, and being TRACT No. 2 as described in Deed Book 159, Page 32 and Book 159, Page 29, Orange County Registry. There is excepted lots #14 and#15 which were sold by H.A. Hudson; recorded in Deed . Book 162, Page 288, Orange County Registry. Lot #13 is now listed to the Orange County Tax Office as Tax Map #92-C-2. TRACT NO 2: BEGINNING. at a stake in the inside line of the sidewalk on the West side of Graham Street, 215:6 ft. North from the inside line of the sidewalk on the North side ofFranklin Avenue at the Northeast corner of Lot. l 1, Block "C" of the plat hereinafter referred to; and running thence with the Southern line of said Lot South 68° 20' West 26.2 ft. to a stake; thence North 22° 37' West SO ft. to a stake, the Southwest corner of Lot No. 13;~ thence with the Southern line of said lot North 68° 0' East 25.3 ft. to a stake in the inside line of the sidewalk on the West of Graham Street; thence South 22° 0' East 50 ft. to the point of beginning: Same being Lot 12, Block C as per plat and survey of R.M. Pickard,. which plat is duly recorded in the Office of the Register of Deeds of Orange County in Plat Book 1; Page 63, and-being THIRD TRACT as described in Deed Book 100, Page 17. Lot #12 is now listed to the Orange County Tax Office as Tax. Map #92-C-2C. ~ ~ Local Office: ~~ . ~ ~v~stQ~s 1~~ ce Com,~any 1 e P.O. Drawer 2687 Chapel Hill, North Carolina 27515-2687 (919) 968-2200. (800) 326-4842 Fax: (919) 968-2235 - - State of North Carolina, Cotinty of Oian~e AFFIDAVIT REGARDING LIENS (Seller to execute if sale; Borrower to execute if refinance; AND General Contractor, iF any, to execute) On this day of ,.before me personally appeared Orange County, 1~Iorth Carolina >;y Barry Jacobs, Chair of .its Board of Cotntaissioners ,:Owner. of the property,. arr ..• ,General Contractor, to m tome personally known, who, being duly sworn on their oaths, did say as follows:'(as indicated by checking the appticabfe boz) ^ (a) No recent impcvvements:. Seller/Borrower states there has been no work, labor or materials for repairs, additions or improvement made, ordered or contracted to be.made on or to the premises, within 12() days from the day hereof, nor are there any improvements o fixtures attached to the premises which have nut been paid for in full; and that there are no outstanding or disputed. claims for any sue; .work ar items.' - Q (b) Construction or repairs compleEerl within last 120 days: Seller/8arrower and General Contractor (if any) certify. that all of the persons, firms and corporations, except.those whose names, if any, appear on the Waiver of Liens section of this Affidavit, including the General Contractor and all subwntractors, who have Furnished services, labor or materials, according to plans and specifications, or extr items; used in the construction or repair of such improvements, have been paid in full, that there are no mechanics' or materialmen's lien: against said property and na daims outstanding which would entitle the holder thereof to claim alien against the property (except those claims, if any, which are waived_by the Waiver of.Liens section of this Affidavit) and that such construction or repair has been full• completed and accepted by the owner,, or if.not fully completed and accepted by the owner, that all persons, firms and corporations, whc Have furnished services, labor or materials used in such construction or repair have been paid in full or have executed the Waiver of Lien: ,section. The General Contractor hereby waives and releases his right to file a mechanics' lien.against the property. Q (c) Construction contemplated but not commenced: Seller/Borrower afid General Contractor (if any) hereby certify that no services labor or material have been performed or furnished and no construction has taken place at the time of or prior to recording of the Deei of Trust executed or to be exeeuEed as security for the loan to'finance construction of improvements/repairs. Construction as used hereir means to build, efiec;, alter, repair or demolish any improvement upon, connected with, or on or beneath the surface of the property; o' to excavate, clear, grade, fill or landscape the property; site preparation;. offsite construction (including grading or paving of streets anc instal{ation of utilities); and delivery of building materials or construction equipment to the, property. Seller/Borrower and Genera Contractor (if any) hereby agrees that the Deed of Trust shall .constitute a first lien for all amounts which have been or may be advancee thereunder and subordinates to the Deed of Trust any lien, claim of.lien or other interest whatsoever which General Contractor or anyone claiming through it might have in the property. ~Q (d) Construction in progress and not completed: Seller/Borrower and General Contractor.. (if any) hereby. certify that prior fo the . recording of the Deed of ?rust as security for the loan to finance conshructiort of improvements or repairs, certain materials for the property had been furnished and/or laticir performed.by those persons, firms or corporations whose names appear on the Waiver of Lien section of this Affidavit. Seller/Borrowe:r_and General Contractor (if any) hereby agrees that the Deed of Trust. shall constitute a first lien. for all amounts which have been or may be advanced thercurider and subordinates to the Deed of Tnist any lien, claim of lien or other interest whatsoever which General Contractor or anyone claiming through it might have in the property. This AlFdavit is given to induce Investors Title:Insurance Company to issue its title insurance policy or policies,-knowing it will rely on the accuracy of the statements herein made. The undersigned further agree(s) and do(es) hold harmless, attd fully indemnify Investors Title Insurance Company for any losses or expenses it may incur by reason of its reliance on the accuracy of the statements made herein. The real estate (and improvements) referred to herein is situated in the County of Orange ,State of North Carolina, and is briefly described as: Form No. NC-514 (Acv. 9/2t~0) ., .,~ a a ~ ~.[~t1v111vKi. Vt'CCiVJC 1 U ~1(~IV 11115 .~t•f1llAVIT IF THERE IS ANY SU)VI DUE OR CLAIMED TO BE DUE FOR LABOR OR IVIATERIAL, IF NOT DIS'~LOSED HEREIN. EYECUTION. BY SELLER/BORROWER and GENERAL CONTRACTOR fIF ANYI Seller /Borrower Orange County, North Carolina. Name o lion/Partnership C/Other Seller/Borrower BY: Seller/Borrower Barry Jacobs Print/type name ~ Seller/Borrower Chair, Orange County Board of Commissioners . Title Seller/Borrower Sworn to and,subscribed before me this ~.3 da o ~r/GZ,C~ Y f , - ~d0 Notary. }?ublic:~~% N!y cornmisszon expires.• _ l~ ' ~.~ `.~4 g '. Notary Seul General Contractor . .,General Contractor Print/type name of General E:ontractor Sworn to and subscribed before me this day of Notary Pu61ic: My commission expires: Notary Seal . WAIVER OF LIENS We, the undersigned, are subcontractors, materialmen, or other persons furnishing services or labor or materials, as indicated beside our respective signatures below, in the construction or repair of improvements upon the property. We do hereby waive, release and quitclaim in favor of each and every party making a loan on said real estate, as_ improved, all right that we, or any of us, may now.or hereafter have to a lien upon. the said land and improvements, and we do further warrant that.we.have not and will not assign our claims for payment, nor our right to perfect a lien against.said property, and that we have the right to execute this waiver and release thereof. It is understood and agreed that any and all signatures hereto are for all services rendered, work done and material furnished heretofore and hereafter by the signers in any and alt capacities, and are not understood to be onl y for the particular item against which the signature is affixed: fN WITNESS. WHEREOF, the undersigned have set their hands and seals this the day of ~abor or Material Furnished ~abor or Material Furnished ~abor or Material Furnished abor or Material Furnished orm No, NC-514 (Rev. S/2oOO} Signature Signature .Signature Signature