HomeMy WebLinkAboutOTHER-2022-023-Deed of Trust Supplement i
This Document eRecorded : 05/ 11 /2022 10 : 42 : 35 AM
Fee : $64 . 00 Tax : $ 0 . 00
Orange County , North Carolina
MARK CHILTON , Register of Deeds by JAMES A. BARTOW
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Prepared by and return after recording to :
Robert M . Jessup Jr.
Sam Smotherman Barnes
Sanford Holshouser LLP
209 Lloyd St. , Suite 350
Carrboro , NC 27510
DEED OF TRUST SUPPLEMENT # 4
PYNs 987445 - 3612 9864 - 394358
9874 - 80 - 2738 9880 - 00 - 8527
9788454996 9844 - 78 - 8137 j
Brief description , ~�
Link Center Building at 200 S . Cameron St, , Government Services
Annex at 208 S . Cameron St. and District Attorney ' s office building at 144 E .
Margaret Lane, all in Hillsborough
North Campus Site off Highway 70
Emergency Operations Center on Meadowlands Drive in Hillsborough
Southern Campus Site off Homestead Rd . in Chapel Hill
Visitors' Center on Franklin St, in Chapel Hill
New County EMS building, 3800 US 70 West, Efland
submitted electronically by " Kennon Craver , PLLC "
in compliance with North Carolina statutes governing recordable documents
. . and the terms of the submitter agreement with the orange County Register of Deeds .
submitted electronically by " Kennon Craver , PLLC "
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the orange county Register of Deeds .
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County' s interest in the 203 Building/ Southern Branch Library
Building at 203 S . Greensboro Street, Carrboro "
Supplements RB 6486 , Page 413 ; RB 6613 , Page 17 ; RB 6633 ,
Page 1121 ; and RB 6657 , Page 704.
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STATE OF NORTH CAROLINA. The collateral is or includes fixtures .
ORANGE COUNTY ) This instrument secures future advances . 1%
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DEED OF TRUST SUPPLEMENT # 4
THIS DEED OF TRUST SUPPLEMENT # 4 (this " Supplement " ) is dated as of
May 11 , 2022 , and is granted by ORANGE COUNTY, NORTH CAROLINA, a political
subdivision of the State of North Carolina (the " County " ) , to Amy K. Johnson, as
trustee (the " Deed of 'Trust Trustee ") , for the benefit of THE BANK OF NEW YORK
MELLON TRUST COMPANY, N .A., AS TRUSTEE ( " BNY - M " ) .
Introduction
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The County is issuing its $ 41 , 535 , 000 Limited Obligation Bonds, Series 2022
( the " 2022 Bonds " ) , under a Fourth Supplemental Trust Agreement dated as of May
11 , 2022 ( the " 2022 Agreement " ) , between the County and BNY- M, as trustee . The
County is issuing the 2022 Bonds to provide funds , to be used together with other
available funds , to acquire, construct, equip and otherwise improve a variety of
County facilities and assets, as well as to pay financing costs and other related costs ,
The 2022 Agreement supplements a Trust Agreement dated as of June 1 ,
2018 (the " 2018 Agreement " ) , between the County and BNY- M , as trustee, which the
parties previously supplemented by ( a) a First Supplemental Trust Agreement dated
as of April 1 , 2019 , ( b ) a Second Supplemental Trust Agreement dated as of October
1 , 2019 , and ( c) a Third Supplemental Trust Agreement dated as of May 1 , 2020 (the
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2018 Agreement as supplemented, the " Prior Agreement" ) . Under the Prior
Agreement, the County has issued its $ 7, 510 , 000 Limited Obligation Bonds , Series
2018 ) its $ 14 , 135 , 000 Limited Obligation Bonds , Series 2019A, its $ 29 , 745 , 000
Limited Obligation Bonds , Series 2019B , and its $ 40 , 731 , 000 Limited Obligation
Bond , Series 2020 to ether, the " Prior Bonds " ) . The County secured its repayment
obligation with respect to the Prior Bonds by granting a security interest in certain
Mortgaged Property, as defined in the Existing Deed of Trust ( as defined below) .
The parties have now agreed that the Mortgaged Property will also secure the
County' s repayment obligations with respect to the 2022 Bonds as provided in the
2022 Agreement. The parties have further agreed that the Mortgaged Property will
" Tract 6 " on Exhibit A, and all improvements
include the real property described as
to that property, as further described below.
Accordingly, this Supplement supplements the Deed of Trust and
Security .Agreement granted by the County for the benefit of BNY- M dated as of
June 1 , 2018 (the " 2018 Deed of Trust") and recorded at RB 6486 , Page 413 , Orange
County Registry, which has been previously supplemented by instruments recorded
at RB 6613 , Page 17, RB 6633 , Page 1121 , and RB 6657 , Page 704 , Orange County
Registry (those instruments, together with the 2018 Deed of Trust, are referred to
as the " Existing Deed of Trust" in this Supplement) . The Existing Deed of Trust, as
modified by this Supplement, is referred to as the " Modified Deed of Trust" in this
Supplement .
The Mortgaged Property includes the real property described in Exhibit A .
The County is the record owner of that real property.
The County executes and delivers this Supplement to secure current advances
under the 2022 Agreement of $ 41 , 535 , 000 , as well as (a) total outstanding advances
with respect to the Prior Bonds of approximately $ 76 , 837 , 000 , and (b ) potential
future advances up to a total maximum principal amount outstanding at any one time
of $ 200 , 000 , 000 , all as described and pursuant to the Existing Deed of Trust. The time
during which such future advances may be made is 30 years from June 1 , 2018 . The
current scheduled date for final repayment of amounts secured under the Modified
Deed of Trust is February 1 , 2043 .
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NOW, THEREFORE ,
( 1 ) ill consideration of the execution and delivery of the 2022 Bonds and
the 2022 Agreement and other good and valuable consideration, the receipt and
sufficiency of which the County acknowledges,
( 2 ) to secure the County' s performance of all its covenants under this
Supplement, the Existing Deed of Trust, the 2022 Agreement, the Prior Agreement,
the 2022 Bonds and the Prior Bonds (together, the " Loan Documents ") , and
( 3 ) to charge the Mortgaged Property with that payment and performance ,
the County sells , grants and conveys to the Deed of Trust Trustee , her successors
and assigns forever, in trust, with power of sale, the " Mortgaged Property, " which is
now defined as the following :
( a) The " Mortgaged Property" as defined in the Existing Deed of Trust;
along with
( b ) The property described as Tract 6 on Exhibit A and any real property
later acquired by the County in exchange for, or in consideration of the exchange of,
or with the proceeds from any disposition of, all or any part of any property
described in this paragraph, and in all cases together with all easements , rights ,
rights - of- way and appurtenances belonging to any of that property; and
( c) all buildings and other improvements and fixtures now or later
attached to or used in or on that Tract 6 or any of its improvements , including (i ) all
renewals , replacements , and additions , (ii) all articles in substitution, (iii) all building
materials for construction, improvement, modification or repair of improvements
upon their delivery to Tract 6, and (iv) all proceeds of all the foregoing in whatever
form resulting from the loss or disposition of the foregoing, including all proceeds of
and unearned premiums for any insurance policies covering Tract 6 and the
improvements , proceeds of title insurance and payments related to the exercise of
condemnation or eminent domain authority, and all judgments or settlements in lieu
of any of the foregoing;
all of which together now constitutes the " Mortgaged Property" for the purposes of the
Modified Deed of Trust .
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TO HAVE AND TO HOLD the Mortgaged Property with all privileges and
appurtenances belonging thereunto , to the Deed of Trust Trustee, her successors
and assigns forever, upon the trusts , terms and conditions and for the purposes set
out below, in fee simple in trust;
SUBJECT, HOWEVER, to the encumbrances described in Exhibit B ;
BUT THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST : if the
its " Obligations, " as defined in Section 14 below, in full and in
County pays
accordance with the Loan Documents , and the County complies with all the terms ,
covenants and conditions of the Loan Documents, this conveyance will be null and
void and will be canceled of record at the County' s request and cost, and title will
revest as provided by law;
BUT IF , HOWEVER, THERE OCCURS AN EVENT" OF DEFAULT UNDER THE
LOAN DOCUMENTS, then BNY- M will have the remedies provided for in this
Modified Deed of Trust, including directing the Deed of Trust Trustee to sell the
Mortgaged Property under power of sale .
The County covenants with the Deed of Trust Trustee and BNY- M that the
County is seized of and has the right to convey the Mortgaged Property in fee simple ,
that the Mortgaged Property is free and clear of all liens and encumbrances other
than Permitted Encumbrances, as defined in the Prior Agreement and the 2022
Agreement, that title to the Mortgaged Property is marketable, and that the County
will forever warrant and defend title to the Mortgaged Property (subject to the
Permitted Encumbrances ) against the claims of all persons .
THE COUNTY COVENANTS AND AGREES with the Deed of Trust Trustee and
BNY- M ( and their respective heirs , successors and assigns) , in consideration of the
foregoing, as follows .
14 Security Provided
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1 - 1 Security for Payment and Performance . The Modified Deed of
Trust secures the County' s payment, as and when the same become due and
payable, of all amounts payable by the County under the Loan Documents (the
" Obligations " ) and the County' s timely compliance with all terms , covenants and
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conditions of (a) the Loan Documents and ( b ) any Additional Bonds , as defined in
and as may be executed and delivered pursuant to the Prior Agreement ,
1 - 2 Present and .Future Advances . This Deed of Trust is executed to secure
all the County' s present and future obligations to the Trustee related to the
Mortgaged Property as described in and pursuant to the Modified Deed of Trust. The
total amount, including present and future obligations , that may be secured by this
Modified Deed of Trust at any one time is $ 200 , 000 , 000 , The period within which
future obligations may be incurred is 30 years from June 1 , 2018 .
1 - 3 Existing Deed of Trust Otherwise Confirmed . Except as provided by
this Supplement, the County ratifies, approves and confirms the terms of the
Existing Deed of Trust.
14 County' s Obligation Limited , Notwithstanding any other provision
of the Loan Documents , the parties intend that this transaction will comply with
North Carolina General Statutes Section 160Aw20 . No deficiency judgment may be
entered against the County in violation of Section 160A - 20 .
No provision of this Supplement should be construed or interpreted as
creating a pledge of the County' s faith and credit within the meaning of any
constitutional debt limitation . No provision of this Supplement should be construed
illegal delegation of governmental powers, nor as an improper
or interpreted as an
donation or lending of the County' s credit within the meaning of the North Carolina
constitution . The County' s taxing power is not and may not be pledged, directly or
indirectly contingently, to secure any moneys due under this Supplement.
Nothing in this Section is intended to impair or prohibit foreclosure under the
Modified Deed of Trust if the Obligations are not paid when due or otherwise upon
the occurrence of an Event of Default under the Loan Documents .
No provision of this Supplement restricts the County' s future issuance of any
of its bonds or other obligations payable from any class or source of the County' s
moneys ( except to the extent the Loan Documents restrict the incurrence of
additional obligations secured by the Mortgaged Property) .
To the extent of any conflict between this Section and any other provision of
this Supplement, this Section takes priority.
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2 . miscellaneous
24 Notices ,
( a) Any communication provided for in this Supplement must be in English
and must be in writing, and " writing" includes facsimile transmission and electronic
mail .
(b ) For the purposes of this Supplement, any communication sett by
facsimile transmission or electronic mail will be deemed to have been given on the
date the communication is similarly acknowledged by a County Representative (in
the case of the County) or other authorized representative (in the case of any other
party) . No such communication will be deemed given or effective without such an
acknowledgment. Any electronic communication to the Trustee is subject to the
provisions of Section 9 . 02 of the 2018 Agreement.
( c) Any other communication under this Supplement will be deemed given
on the delivery date shown on a United States , Postal Service certified mail receipt,
or a delivery receipt ( or similar evidence) from a national commercial package
delivery service, if addressed as follows .
(i) if to the County, to Orange County Manager, Re . Notice under
2022 LOB Deed of Trust, Post Office Box 8181 , Hillsborough, NC 27278 !
(ii) if to the Deed of Trust Trustee , to Deed of Trust Trustee, c / o
The Bank of New York Mellon Trust Company, N . A. , Re : Notice for 2022
Orange County ( NC) Financing, 4655 Salisbury Rd . , STE 300 , Jacksonville ,
FL 32256
Chi) if to BNY - M, to The Bank of New York Mellon Trust Company,
N .A., Re : Notice for 2022 Orange County (NC ) Financing, 10161 Centurion
Parkway North, Jacksonville , FL 32256
( c ) The County must send a copy of any notice it sends or received under
this Supplement to Truist Commercial Equity, Inc . , 1414 Raleigh Road , Chapel Hill,
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NC 27517 , Attention : Jeff Stoddard, with a copy to Tax- Exempt Lending Group,
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Truist Bank, ISO Stratford Road, 2nd Floor, Winston - Salem, NC 27104, Attention .
Alex Johnston .
( d) Any addressee may designate additional or different addresses for
communications by notice given under this Section to each of the others . The County
must send copies of any notices it sends to the Deed of Trust Trustee also to BNY- M .
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2 � 2 Definitions . All capitalized terms used in this Supplement and not
otherwise defined have the meanings ascribed to them otherwise in the Loan
Documents .
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2 - 3 Governing Law; Forum . The County, BNY - M and the Deed of Trust
Trustee intend that North Carolina law will govern this Supplement and all matters
of its interpretation . To the extent permitted by law, the County, BNY - M and the
Deed of Trust Trustee agree that any action brought with respect to this Supplement
must be brought in the North Carolina General Court of Justice in Orange County, G
North Carolina .
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24 Limitation of Liability of Officers and Agents . No officer, agent or j
employee of the County, BNY- M or the Deed of Trust Trustee will be subject to any
personal liability or accountability by reason of the execution of this Supplement or
any other documents related to the transactions contemplated by this Supplement.
Those officers or agents are deemed to execute documents in their official capacities
only, and not in their individual capacities . This Section does not relieve any officer,
agent or employee from the performance of any official duty provided by law ,
2 - 5 Covenants Run with the Land . All covenants contained in the �
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Modified Deed of Trust run with the real estate encumbered by the Modified Deed of
Trust .
2y6 Further Instruments . Upon the request of BNY- M or the Deed of Trust
Trustee, the County will execute , acknowledge and deliver any further instruments
reasonably necessary or desired by BNY- M or the Deed of Trust Trustee to carry out
more effectively the purposes of this Supplement or any other document related to
the transactions contemplated by this Supplement, and to subject to the liens and
security interests of this Supplement all or any part of the Mortgaged Property
intended to be given or conveyed , whether now given or conveyed or acquired and
conveyed subsequent to the date of this Supplement.
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2 - 7 Entire agreement; Amendments . This Supplement, together with
the other Loan Documents , constitutes the entire agreement with respect to its
general subject matter between the County, the Trustee and the Deed of Trust
Trustee , This Supplement may not be changed except in accordance with the other
Loan Documents . The Deed of Trust Trustee ' s consent is not required for any
changes .
[The remainder of this page has been left blank intentionally.]
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IN WITNESS WHFREOF , the County has caused this instrument to be signed , sealed
and delivered by duly authorized officers , as of the day and year first above written .
SEAL
ATTEST : ORANGE COUNTY,
NORTH CA. ROLINA
Laura ensen Bonnie B , Hammers
Clerk, Board of Commissioners County Managei
STATE OF NORTH CA. ROLINA ;
ORANGE COUNTY
I , a Notary Public of SUCK County and State , certify that Bonnie B . Hammersley
and Laura Jensen personally came before me this day and acknowledged that they
are the COLInty Manager and the Clerk of the Board of Comm-nissioners , respectively,
of Orange County , North Carolina , and that by authority duty given and as the act of
SL1Ch C011nty, the foregoilig instRlment waS sighed in the County ' s name by SUM
COLlnty Manager , sealed with its corporate seal and attested by such Clerk .
, �,�rirtt � rr�r
� NN 64l$ r���{ V TNESS m hand and official stamp or seal , this day of May, 2022 .
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[ SEAL ] I C;
`Ot)t/ 13k,\C' . ' Notary PLiblic
$ 1ission expires . 1 l
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[ Deed of Trust Supplement # 4 dated as of May 11 , 2022 ,
for the benefit of The Bank of New Yolk Mellon Trust Compan�r, N .A . , as Trustee ]
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EXH
I �3I 'T A -� Pledeed Si esLr flan
TRACT 1 ; Government Service Annex, Link Center and District Attorneys '
offictLl
BEING that certain property containing 9 . 202 acres , more or less , adjacent
to South Cameron Street as shown on a plat entitled " Recombination Survey
Properties of Orange County" as prepared by Riley Surveying, P .A . dated
June 5 , 2007 and recorded June 7 , 2007 in Plat Book 102 , Page 36 , Orange
County Register of Deeds .
PIN Number : 987445 - 3612
TRACT 2 [ North Campus Site] :
BEING all of that 19 . 334 - acre parcel , more or less , shown on survey entitled
" Recombination Survey, Property of Orange County" dated as of September
6 , 2019 and recorded in Plat Book 120 , Page 159 , Orange County Registry ,
PIN Number : 9864 - 394358
TRACT 3 [ E - 911 Center in the Meadowlands - -Approximately 22 , 000 - square
foot building located on Meadowlands Drive , Hillsborough.
BEGINNING at a point located in the eastern margin of the 60 foot wide
right - of- way of Meadowlands Drive , said beginning point being further
located South 12 ' 12 ' 30 " West 360 . 84 feet from a nail located at the
intersection of the center line of Meadowlands Drive with the center line of
the 60 foot wide right- of�way of N . C . Highway 70 ; and running thence from
said beginning point South 73 ' 36 ' 46 " East 407 . 39 feet to a point; thence
South 041 48 ' 02 " West 329 . 70 feet to a point; thence North 67 ' 16 ' 01 " West
494 . 62 feet to a point located in the aforesaid easterly margin of the right- of�
way of Meadowlands Drive ; thence with said easterly margin of the right� of-
way of Meadowlands Drive in two calls as follow : ( 1 ) with the arc of a
circular curve to the left having a radius of 525 . 05 feet (and a chord course
and distance of North 23 ' 54 ' 22 " East 134 . 12 feet) , an arc distance of
134 . 49 feet to a point; thence ( 2 ) North 16 ' 34 ' 02 " East 135 . 34 feet to the
point or place of BEGINNING , containing 3 . 00 acres and being Lot A as
shown on a survey entitled " Subdivision of Property Surveyed for
Meadowlands Associates " by Alois Callemyn Land Surveyors dated February
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26 , 1996 and recorded in Plat Book 75 , Page 146 , in the Orange County
Registry,
PIN Number : 9874 - 80 - 2738
TRACT 4 (Visitor' s Center Building, Franklin Street - - Approximately 7 ,4. 00 -
square foot building located at 501 W. Franklin St. , Chapel H[ ill�
BEING all of that 13 , 953 square foot, more or less, parcel labeled as PIN
Number : 9788 - 15 - 1996 as shown on survey entitled " Physical Survey
prepared for the County of Orange " dated as of July 8 , 1996 and last revised
on July 17 , 1996 completed by Jose L . Torres , Registered Land Surveyor, L -
3771 and recorded in Plat Book 76, Page 103 , Orange County Registry .
PIN Number : 9788454996
TRACT 5 [Southern Campus Sitel
BEGINNING in the center of the public road leading from Calvander to
Orange Church witnessed by an iron stake on the South side of said road ,
running thence South 2 degrees 30 minutes east 1 , 304 feet to an iron stake
and pointers in the line of the University of North Carolina property; thence
with said property East 1 , 194 feet to an iron stake in Will Freeland ' s land ;
thence with his line North 1 , 190 feet to the center of said roads thence with
the center of said road North 84 degrees West 1 , 250 feet to the beginning,
containing 34 . 10 acres , more or less , as surveyed by J . Ralph Weaver, County
Surveyor, on November 20 , 1940 , and being part of the land formerly owned
by Mrs . J . Walker Womble .
BEING also described as the Lands of the County of Orange and the Project
Homestead Lease Lot as shown on that plat entitled " Easement Plat for
Orange County Senior Center " and recorded in Plat Book 102 , Page 99 ,
Orange County Registry.
PIN Number : 9880 - 00 - 8527
TRACT 6 [ Efland EMS1
BEING all of Tracts 3 , 4, 5 , 6 , 7 , inclusive, as shown on that plat entitled " Boundary &
Physical Survey Prepared For The County Of Orange , Properties Of Efland Real
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Property, LLC " by Phillip W. Riley, License Number L - 3066 as recorded in Plat Book
119 , Page 84 , Orange County Registry.
PIN : 9844 - 78 - 8137
EXHIBIT B - - Existing Encumbrances
As to all Tracts : the Deed of Trust and Security Agreement granted by the County
for the benefit of BNY- M dated as of June 1 , 2018 , and recorded at RB 6486 , Page
413 , Orange County Registry, as previously supplemented ( referred to as the
" Existing Deed of Trust" in this instrument, and further defined above ) .
All references to books and pages in the lists below are to the Orange County
Registry .
As to Tract 1 .
1 . Subject to Matters shown on plats recorded in Plat Book 102 , Page 34 ; Plat
Book 102 , Page 36 ; Plat Book 59 , Page 179 ; and Plat Book 110 , Page 91 .
2 . Conservation Easement to Orange County recorded in Book 4296 , page 308 .
3 . Title to that portion of the Land lying below the mean high water mark of Eno
River .
4 . Riparian rights incident to the Land .
S . Easement to the Town of Hillsborough recorded in Book 1030 , Page 546 ,
6 . Easement ( s ) to Duke Power Company recorded in Book 1146 , Page 153 ,
7 . Right of Way Agreement between Orange County and Duke Energy Carolinas ,
LLC recorded in Book 5905 , Page 73 .
8 . Terms and conditions of Encroachment Agreement and Offer of a Handicap
Ramp recorded in Book 6703 , Page 612 .
As to Tract 2 :
1 . Subject to matters shown on plat recorded in Plat Book 118 , Page 105 , and
Plat Book 120 , Pages 156 and 159
2 . Subject to matters shown on plat recorded in Plat Book 94 , Page 68 including
a 30400t joint driveway easement and septic easement located on the Land .
3 . Rights of others for ingress and egress purposes in and to the use of
easements located on the Land.
4 . Commissioners ' Second Revised Final Report recorded in Book 3446 , Page 26
and Order of Confirmation recorded in Book 3446 , Page 29 .S . Title to that portion of the Land within the right - of- way of US Hwy 70 and
West Hill Ave .
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6 . Easement ( s) to Duke Power Company recorded in Book 114, Page 95 .
7 . Easement ( s ) and / or Right (s) of Way to Jean A . Hall, heirs and assigns
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recorded in Book 3446 at Page 39 , Orange County Registry,
8 . Non - exclusive perpetual right and easement of ingress and egress for a
driveway for Dorothy Hall Holloway and Husband, Bill Holloway and their
successors and assigns, recorded in Boolc 3831 at Page 375 , Orange County
Registry.
9 . Declaration of Restrictions and Provisions for Private Road Maintenance
recorded in Book 376 at Page 552 .
10 . Easement recorded in Book 376 at Page 555 , Orange County Registry,
11 . Easement ( s ) and/ or Right (s ) of Way to Hillsboro Power and Light Co .
recorded in Book 87 at Page 437 , Orange County Registry.
12 . Easement (s) and / or Right ( s ) of Way to State Highway Commission recorded
in Book 183 at Page 512 , Orange County Registry. c
13 . Terms and conditions and rights of others in and to that Buffer Easement
recorded in Book 6625 at Page 2007 , Orange County Registry,
14 . Buffer Easement recorded in Book 6625 at Page 2012 , Orange County
Registry.
15 . Easement to Duke Energy Carolinas , LLC recorded in Book 660 , Page 1126 L
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As to Tract 3 :
1 . Restrictions appearing of record in Book 654, Page 517 and amended in Book
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1081 at Page 425 ,
2 . Subject to matters shown on plat recorded in Plat Book 75 , Page 146 .
3 . Easement ( s) to Town of Hillsborough recorded in Book 804, Page 444 .
4 . Easement ( s ) to Duke Power Company recorded in Book 676 , Page 500 .
S . Easement ( s ) to Public Service Company of North Carolina recorded in Book
1083 , Page 235 .
6 . Title to that portion of the Land within the right- of-way of Meadowland Drive .
7 . Termination Agreement recorded in Book 4126 , Page 346 .
8 . Town of Hillsborough Conditional Use Permit # 2007 . 04 recorded in Book
4416 , Page 496 .
9 . Sand Filter SCM ( Stormwater Control Measure) Operation and Maintenance
Agreement recorded in Book 6468 at Page 214, Orange County Registry.
10 . Stormwater Control Measure Access and Maintenance Easement to the Town
of Hillsborough recorded in Book 6616 at Page 1294, Orange County Registry .
As to Tract 4 : !,
1 . Subject to matters shown on plats recorded in Plat Book 76 , Page 103 ; Plat
Book 16 , Page 27 ; and Plat Book 49 , Page 72 .
2 . Party Wall Agreement recorded in Book 194, Page 47 .
3 . Sewer Easement to Marjorie Patricia Perl recorded in Book 316 , Page 636 .
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4 . Encroachment Agreement between Orville B . Campbell and Chapel Hill
Publishing Company, Inc . recorded in Book 705 , page 72 .
As to Tract 5 :
1 . Special Needs Housing Program Deed of Trust, Assignment of Rents and
Leases , and Security Agreement from Inter - Faith Council for Social Service ,
Inc . to A, Robert Kucab, Trustee for North Carolina Housing Finance Agency to
secure a note in the amount of $ 150 , 000 . 00 and recorded in Book 1636 , page
285 , Orange County Registry. As modified by Modification to Promissory
Note , Deed of Trust and Declaration of Deed Restrictions recorded in Book
5911 , page 372 , Orange County Registry .
2 . Orange County Home Program Deed of Trust and Security Agreement from
Interfaith Council for Social Services, Inc . to Geoffrey E . Gledhill , Trustee for
the benefit of Orange County to secure a note in the amount of $ 50 , 000 , 00
and recorded in Book 1731 , Page 1 , Orange County Registry. As affected by
that Request for Notice recorded in Book 2358 , Page 156 , Orange County
Registry .
3 . Lease from Orange County, North Carolina as Lessor and InterYFaith Council
for Social Service, Inc . recorded in Book 1579 , Page 152 , Orange County
Registry.
4 . Agreement between Interfaith Council for Social Service , Inc . , Orange County,
and Orange Water and Sewer Authority recorded in Book 1543 , Page 313 ,
Orange County Registry.
5 . Restrictions appearing in that Declaration of Deed Restrictions between
Inter - Faith Council for Social Service , Inc . and North Carolina Housing Finance
Agency recorded in Book 1636 , Page 300 , Orange County Registry.
6 . Matters shown on plat recorded in :
a . Plat Book 59 , Page 96 ;
b . Plat Book 78 , Page 51 ;
c . Plat Book 78 , page 88 ,
d . Plat Book 80 , Page 179 ; and
e . Plat Book 102 , Page 99 , Orange County Registry.
7 . Easement ( s ) and / or Rights ) of way to Duke Power Company as recorded in
Book 131 at Page 368 and Book 1610 at Page 213 , Orange County Registry,
8 . Easement ( s) and / or Right ( s) of Way to University of North Carolina recorded
in Book 136 at Pages 341 and 528 , Orange County Registry.
9 . Ordinance to Extend the Corporate Limits of the Town of Chapel Hill recorded
in Book 725 , Page 436 , Orange County Registry and adopted Ordinance to
Extend the Corporate Limits of the Town of Chapel Hill recorded in Book 818 ,
Page 223 , Orange County Registry.
10 . Deed of Easement to Orange Water and Sewer Authority recorded in Book
1684 , Page 47 and Book 1684, Page 50 , Orange County Registry.
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11 . Right of Way Agreement between Orange County and Duke Energy
k. 3800 , Page 116 and Book 4162 , Page 547 ,Corporation recorded in Boo
Orange County Registry,
12 . Stormwater Operations and Management Plan recorded in Book 4349 , Page
234, Orange County Registry.
13 . Orange Water and Sewer Authority Dedication recorded in Book 4504, Page
77 , Orange County Registry.
14 . Town of Chapel Hill Special Use Permit recorded in Book 1283 , Page 256 ,
Orange County Registry as modified by that Modification of Special Use
Permit recorded in Book 1437 , Page 33 ; by Special Use Permit Modification
recorded in Book 4349 , Page 228 ; and by that Special Use Permit
Modification recorded in Book 5878 , Page 49 , Orange County Registry.
15 . Matters shown on plat recorded in Plat Book 123 , Page 76 .
16 . -Deed of Easement to Orange County and Sewer Authority recorded in Book
6717 , Page 941 .
17 , - Second Modification to Promissory Note , Deed of Trust and Declaration of
Deed Restrictions between North Carolina Housing Finance Agency and
Interfaith Council for Social Service , Inc .
As to Tract 6
Easements) to Morris Telephone Company recorded in Book 214 at Page 633 and
Book 219 , Page 785 .
Easement ( s ) to Duke Power Company recorded in Book 214 at Page 633 and Book
219 , Page 782 .
Matters shown on plat recorded in Plat Book 19 at Page 72 .
Right of way to North Carolina Board of Transportation recorded in Book 256 at
Page 1209
Right of Wayto Orange County, North Carolina recorded in Book 636 at Page 30 .
Terms and conditions of Boundary Line Agreement between Efland Volunteer
Fire Company, Inc . and Efland Real Property, LLC recorded in Book 6539 Page
1. 33 .
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Matters shown on recorded Plat Book 119 at Page 84 including possible deed
overlap between parcel 3 and adjacent parcel owned by Clarence Loftin having PINT
numbers ; 9844 - 78 6326 ; 9844 - 78 - 6242 ; 9844 - 78 - 8137 ; and 9844 - 88 - 1320 .
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