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Home My WebLink About2016-328 County Atty - CASA and EmPOWERment, Inc. - Assignment, Assumption and Consent to Transfer Real Property Prepared by and return after recording to: Annette Moore,Orange County Attorney's Office,P.O. Bog 8181,Hillsborough,NC 27278 NORTH CAROLINA ORANGE COUNTY ASSIGNMENT,ASSUMPTION AND CONSENT TO TRANSFER REAL PROPERTY This Assignment, Assumption and Consent to transfer real property is between CASA., a non- profit corporation (hereinafter referred to as "CASA")organized and operated exclusively for charitable and educational purposes and which has established its tax exempt status under Section 501 (c)(3) of the Internal Revenue Code, a successor in interest to OPC Foundation for Mental Health, Inc. and Chrysalis for Mental Health Foundation, Inc. (hereinafter referred to as "Chrysalis"); EmPOWERment, Inc., a non-profit corporation (hereinafter referred to as "EmPOWERment") organized and operated exclusively for charitable and educational purposes and which has established its tax exempt status under Section 501 (c)(3) of the Internal Revenue Code; and the County of Orange, a local political subdivision of the State of North Carolina (hereinafter referred to as"Orange County). WITNESS THAT: Whereas CASA is a non-profit corporation established for the purpose of providing safe, decent, stable and affordable housing and support for persons with long term and persistent mental illness, mental retardation or developmental disabilities, a substance abuse disorder and/or children with severe emotional problems; providing such persons with housing facilities and support specifically designed to meet their physical, social and psychological needs; and to promote the health, security, happiness and usefulness of persons with aforementioned disabilities; and Whereas Orange County, through its Housing and Community Development Department provides funding to qualified organizations to expand the supply of affordable housing in Orange County; and Whereas Orange County provided partial financing to Chrysalis for twenty (20)housing units in orange County previously owned by Chrysalis and now owned by CASA; of which eight (8) of the housing units were financed with HOME Investment Partnership funds totaling $413,625 and twelve (12) housing units were financed with Orange County Affordable Housing Bonds funds totaling $560,000; and Whereas Orange County,to assure the long term affordability of these properties, caused the properties to be encumbered by various means including development agreements, declaration of restrictive covenants, deeds of trust and promissory notes; and Whereas, CASA entered into an Assignment, Assumption and Consent to Transfer Real Property Agreement with Chrysalis and Orange County, found in the Orange County Register of Deeds, Deed Book 4867at Page 171; and Whereas CASA now desires to transfer one dwelling unit, located at 800 Pritchard Avenue,Unit C-3, in Chapel Hill,North Carolina to EmPOWERment; (hereinafter referred to as the "Property"), and more particularly described in EXHIBIT A, which is attached hereto and incorporated herein; and Whereas the Declaration of Restrictive Covenants, found in the Orange County Register of Deeds, Deed Book 3405, Page 166, provides that the owner may transfer the Property to a non-profit corporation of like purpose which is organized and operated exclusively for charitable and educational purposes and which has established its tax exempt status under Section 501 (c)(3) of the Internal Revenue Code, subject to the requirements of the Development Agreement which is attached as EXHIBIT B and incorporated herein, the Declaration of Restrictive Covenants, and the County Housing Bond Program provided the owner obtains written agreement, in a form satisfactory to Orange County, from the person acquiring the Property, that such acquisition is subject to the requirements of the Declaration of Restrictive Covenants, the Development Agreement and the County Housing Bond Program; and Whereas a Deed of Trust and Security Agreement, found in Orange County Register of Deeds, Deed Book 3405, Page 180, secures funds advanced by Orange County to Chrysalis in the principal sum of$300,000 for the eight properties (the "Deed of Trust") and evidenced by a Promissory Note (the "Note") dated the same date as the Deed of Trust, the final payment of which is due,together with interest thereon, as provided in the Note; and Whereas the portion of the $300,000 principal funds advanced by Orange County to Chrysalis attributable to the Property is the principal sum of$37,500; Whereas CASA desires to transfer the Property to EmPOWERment, a non-profit corporation of like purpose subject to the requirements of the Declaration of Restrictive Covenants, the Development Agreement, the Deed of Trust, the Note and the County Housing Bond Program, as such requirements relate to the Property; and Whereas CASA desires to assign to EmPOWERment its obligations contained in the Declaration of Restrictive Covenants, the Development Agreement, the Deed of Trust and the Note, as such obligations relate to the Property; and Whereas EmPOWERment desires to accept the transfer of Property from CASA subject to the requirements of the Declaration of Restrictive Covenants, the Development Agreement and the County Housing Bond Program, as such requirements relate to the Property,; Whereas EmPOWERment desires to accept from CASA the assignment of the obligations contained in the Deed of Trust and the Note, as such obligations relate to the Property; and Whereas Orange County consents to the transfer and acceptance of the transfer of Property subject to the requirements the Declaration of Restrictive Covenants, the Development Agreement and the County Housing Bond Program along with the assignment of the obligations contained in the Deed of Trust and the Note, as such requirements and obligations relate to the Property; NOW THEREFORE, CASA a successor in interest to Chrysalis, a not for profit corporation does hereby: (1) give, transfer, assign, and deliver unto EmPOWERment, Inc., a not for profit corporation, and its successors,nominees and assignees all of its rights,title and interest, and all addenda,modifications and amendments thereto,in and to the Property described in EXHIBIT A (2) assign and transfer to EmPOWERment, its obligations , as such obligations relate to the Property, contained in the Declaration of Restrictive Covenants, the Development Agreement, the Deed of Trust and the Note, and the obligation to pay money due and to become due upon the Note, with interest. Said assignment is subject to all terms and conditions found in the Deed of Trust, the Note, the Declaration of Restrictive Covenants, the Development Agreement, and all addenda, modifications and amendments thereto and shall remain in effect under this assumption and for any successor Assignor or any successor Assignee who shall assume all duties and obligations of the original borrower. IN WITNESS WHEREOF, the signatories below have caused this instrument to be signed in their corporate names by duly authorized officers. By execution hereof, Orange County specifically consents to the assignments to EmPOWERment contained herein. This the day of , 2016. [SIGNATURE PAGES TO FOLLOW] ORANGE COUNTY,NORTH CAROLINA Earl McKee, Chair Orange County Board of Commissioners ATTEST: Cler eputy Clerk Cler e oard of Commissioners UgeC66;tyltorn�y's o form and legality Office NORTH CAROLINA ORANGE COUNTY I, W un a Notary Public of the County and State aforesaid, certify that Donna (,akor personally came before me this day and acknowledged that s/13A is Cler eputy 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 her/him as Clerk/Deputy Clerk to said Board of Commissioners. -K• Witness my hand and notary seal,this the .Z� day of TL44 , 20A. 1 � Notary Public My Commission Expires: : uy%-f, �. OFFICIAL SEAL Notary Public,North Carolina ORANGE COUNTY DAVID HUNT My Commission Expires CASA,INC. 1/214 v . Debra K. King, CEO 1C Attest: Ile NORTH CAROLINA ORANGE COUNTY I, �c,��.kA � a� ado.« , Notary Public in and for the above named County and State, do hereby certify tVat on this day personally appeared before me NW;A , Y� with whom I am personally acquainted, who being by me duly sworn, says that he is Secretary and btQ, K k . ,;," is the P�, and that by the authority duly given and as the act of the corporate , the foregoing instrument was signed in its name by its President and attested to by its Witness my hand and notary seal,this the \-I'L- day of _20_L6 Notary Public J CH My Commission Expires: G'x %g fFZ,• ��OT.4,Q) •O ;AUS L 1G EmPOWERment,Inc. Johryt. Wroton, President Attest: Sarah S Teer, Secretary NORTH CAROLINA Nfl4C COUNTY I, 4i r v I, � , Notary Public in and for the above named County and State, do hereby certify that on this day personally appeared before me Sarah S. Geer, with whom I am personally acquainted, who, being by me duly sworn, says that she is Secretary and John C. Wroton is the President of EmPOWERment, Inc., and that by the authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President and attested to by its Secretary. Witness my hand and notary seal,this the ilkay of 20 f 4P,4 Al At j Notary Pu lic My Commission Expires: la Patlmah Paterson W. .. NOTARY PUBUC Orange County, NO My Commission Expires June 2,2019 Exhibit A PIN: 9789-20-1266.030 TAX MAP: 7.30F.C..3 Being all of Unit C-3 of the University Gardens Condominiums, according to the Declaration thereof, dated July 15, 1981, and recorded in Official Records Book 367 at Page 577, Orange County Registry, together with all appurtenances thereto, all according to said Declaration of Condominium, and as amended in Book 369 at Page 533, Orange County Registry, and as shown on Plat Book 34, at pages 7 through 9, Orange County Registry. Exhibit B DEVELOPMENT AGREEMENT