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HomeMy WebLinkAboutAgenda 05-19-2026; 8-c - Refund Request for Overpayment of Excise Tax for Attorney Kendall Page’s Office 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 19, 2026 Action Agenda Item No. 8-c SUBJECT: Refund Request for Overpayment of Excise Tax for Attorney Kendall Page's Office DEPARTMENT: Register of Deeds ATTACHMENT(S): INFORMATION CONTACT: Refund Request Letter from Attorney Mark Chilton, 919-245-2675 Related NC General Statutes Amy McLamb, 919-245-2677 Affidavit of Correction Explaining the Overpayment Recorded Deed and Deed of Assignment Copy of Check from Alexandra Elder and Copy of Electronic Recording Report PURPOSE: To approve a refund for overpayment of excise tax in the amount of $1,458, with the refund check, if approved, being issued to Alexandra Elder based on the funds originally coming from her personal account. BACKGROUND: North Carolina General Statute 105-228.37 sets forth the process for requesting a refund for overpayment of excise tax. The statute states a taxpayer who pays more than is due may request a refund by submitting a written request to the Borad of County Commissioners of the county where the tax was paid, and must explain why the taxpayer believes a refund is due. On April 8, 2026, Attorney Kendall Page's office submitted a Deed and a Deed of Assignment for Electronic Recording stating the amount of excise tax to be paid on each document as $1,458, which was collected at the time of recording in Book 6910 Page 983 (Deed) and Book 6910 Page 986 (Deed of Assgnment). On April 13, 2026, Attorney Kendall Page's office submitted an Affidavit of Correction stating the amount of excise tax was paid when the Deed was recorded, and that the excise statement should be removed from the recorded Deed of Assignment. The Register of Deeds Office cannot remove any information on documents submitted for recording and likewise after the documents are recorded. The statement of excise tax on the Deed of Assgnment should have been indicated as None, or $0.00. FINANCIAL IMPACT: Attorney Kendall Page is requesting a $1,458 refund for overpayment of excise tax. The funds associated with the overpayment were provided by Alexandra Elder and the return of funds, if approved, would be made to Ms. Elder. ALIGNMENT WITH STRATEGIC PLAN: This item supports: 2 • MISSION STATEMENT — Orange County is a visionary leader in providing governmental services valued by our community, beyond those required by law, in an equitable, sustainable, innovative and efficient way. • VISION STATEMENT — We are a diverse, inclusive, and healthy county working together to strengthen our community and enhance the quality of life for all residents. RECOMMENDATION(S): The Manager recommends that the Board approve a refund for overpayment of excise tax in the amount of $1,458, with the refund check being issued to Alexandra Elder based on the funds originally coming from her personal account. 3 Kendall H. Page,Attorney 210 N Columbia Street Chapel Hill, NC 27514 Telephone: (919) 942-4161 Fax; (919) 942-6458 Orange County Board of Commissioners April 10,2026 Attn:Amy Fowler 300 W Tryon Street Whitted Bldg.,Room-220 Hillsborough,NC 27278 Re:RETURN OF EXCISE TAX FROM OVERPAYMENT To whom it may concern, I am reaching out to you because our firm recently handled a real estate closing on the property at 140 West Franklin Street,Unit 309 Chapel Hill,NC 27516,this closing took place April 8,2026.1 recorded the General Warranty Deed with the excise tax being paid in the amount of$1,458.00. When recording the Condominium Unit Deed of Assignment,the document shows the excise tax again in the amount of$1,458.00,therefore the excise tax was charged yet again.I called the Orange County Register of Deeds to try and get this reversed and was advised that they could not do that,I was to submit for a full rcfiind, I am requesting to have the overpayment of the excise tax paid in Book 6910,Page 986,returned to me in the amount of$1,458.00. Please make the check to Alexandra MElder and mail it to 235 Red fine wrd Ivai,Jacksonville,NC 28.546 (See enclosed documents attached)for the funds for this payment came out of my personal account. Please let me know if there is anything else we can provide or if there is any further information needed so that I can have this tax amount refunded. Thank you for your prompt attention to this matter. Sincerely, exand M, Elder,Title Abstractor C/O Ka Udall H.Page,PLIC (919)942-4161 Ext 35 alex�ndra!ri?kendall�a le.cam 4 § 105-228.37. Refund of overpayment of tax, (a) Refund Request. -A taxpayer who pays more tax than is due under this Article may request a refund of the overpayment by ding a written request for a refund with the board of county commissioners of the county where the tax was paid. The request must be fled within six months after the date the tax was paid and must explain why the taxpayer believes a refired is due. (al) Refunds for Overpayment. - The board of county commissioners may, by resolution, authorize either or both of the county manager or the county finance officer to grant a request for a refund of a tax paid under this Article that is filed within six months after the date the tax was paid. If a refund is granted pursuant to such authority, the refund will be processed in the same manner as if granted by the board of county commissioners as set forth in this section. A taxpayer who requests but is not granted a refund from a county manager or county finance officer may file a written request with the board of county commissioners pursuant to the procedures set forth In this section. (b)Hearing by County. -A board of county commissioners Must conduct a hearing on a request for refund. Within 60 days after a timely request for a refund has been fled and at least 10 days before the date set for the hearing, the board must notify the taxpayer in writing of the time and place at which the hearing will be conducted. The date set for the hearing must be within 90 days after the timely request for a hearing was filed or at a later date mutually agreed upon by the taxpayer and the board. The board must make a decision on the requested refund within 90 days after conducting a hearing under this subsection. (c) Process if Refired Granted. - If the board of commissioners decides that a refund is due, it must refund the overpayment, together with any applicable interest, to the taxpayer and inform the ment may assess the taxpayer for the amount of the refund Department of the refund. The Depart in accordance with G.S. 105-241.9 if the Department disagrees with the board's decision. (d) Process if Refund Denied. - If the board of commissioners finds that no refund is due, the written decision of the board must inform the taxpayer that the taxpayer may request a departmental review of the denial of the refired in accordance with the procedures set out in G.S. 105-241,11. (e) Recording Correct Deed. - Before a tax is refinded, the taxpayer must record a new instrument reflecting the correct amount of tax due. If no tax is due because an instrument was recorded in the wrong county, then the taxpayer must record a document stating that no tax was owed because the instrument being corrected was recorded in the wo�ig county, The taxpayer must include in the document the names of the grantors and grantees and the deed book and page number of the instrument being corrected. When a taxpayer records a corrected instrument, the taxpayer must inform the register of deeds that the instrument being recorded is a correcting instrument. The taxpayer must give the register of deeds a copy of the decision granting the refund that shows the correct amount of tax clue. The correcting instrument must include the deed book and page number of the instrument being corrected. The register of deeds must notify the county finance officer and the Secretary when the correcting instrument has been recorded. (f) Interest. - An overpayment of tax bears interest at the rate established in G.S. 105-241.21 from the date that interest begins to accrue. Interest begins to accrue on an overpayment 30 days after the request for a refund is tiled by the taxpayer with the board of county commissioners. (2000-170, s. 2; 2007-491, s. 24; 2011-330, s. 30(a); 2022-50, s. 2.1.) 5 BK 6911 PG 208 - 208 (1) DOC# 30131805 This Document eRecorded: 04/13/2026 03:39;48 PM Fee: $26.00 Tax: $0.00 Orange County, North Carolina MARK CHILTON, Register of Deeds by JESSICA HAGER 9788278230.030 9788278230.005 OCLR : DB AFFIDAVIT OF CORRECTION OF TypOGRAPMICAL OR OTHER MINOR ERROR MADE IN PREVIOUSLY RECORDED INSTRUMENT Prepared by&return to Kendall H.Page$210 N.Columbia St,Chapel Milt,NC 27514 The undersigned Affiant hereby swears and/or affirms the Condominium Unit Deed of Assignment,recorded In Book 6910,Page 986,Orange County Registry,by and between,Todd P.Edwards and Leah J.Edwards,Trustees of the Edwards Family Trust Dated October 18,2005,aka Edwards Family Trust Wald October 18,2005(Grantor) and Stephenson P.Shuford and spouse,Parker P.Shuford,(Grantee)contain the following errors: The"Erelse Tax"charge on this document was already paid in the General Warrent Deed Recorded In Book 6910,Page 983,Orange County Registry. Affiant makes this Affidavit for the purpose of correcting the instrument contained herein and therefore the public records should reflect as follows: Remove the"Excise tax"from Book 6910,Page 986,Orange County Registry. The aMant Is knowledgeable of the agreement and the intention of the parties to said agreement. Furthermore,Affiant is not the Drafter of the original instrument being corrected but is the closing attorney for the transaction involving the instrument being corrected.A copy of the document is not at . (Seal) tur Affiant rlat Name:Kendal!IM'L Page State of North Carolina,County of Wake I,the undersigned Notary Public of the County and State aforesaid,certify that Kendall M Page personally appeared before me on this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed.Witness my hand and Notarial stamp or seat this 131 day of April 2026. My Commission Expires: Y 1 L) JELDER yl exandra M.Elder ALEXANDRA MNOTARY Pt Stalnp/Scai Wake CounNorth CaroMY C T09%1c"WM o submitted electronically by "Kendall H. Page, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the orange county Register of Deeds. .... ........... BK 6910 PG 983-985(3) DOC#30131511 6 This Document eRecorded: 04/0812026 10:35:05 AM Fee: $26.00 Tax: $1,458.00 Orange County, North Carolina MARK CHILTON, Register of Deeds by MELISSA S, SENNETT 3 9788278230.030 9788278230.005 OCLR:JB NORTH CAROLINA GFMRAL WARRANTY DEED Parcel ldentifler. 9788-27.8230.030&9788-27-8230.00S(emement) Malmox to: Grantee I This instrument was prepared by. Bagwell Bolt Smith P.A.(Without 15110 ExuahWiOn) I TWS DEBD made oflkctiva as of the day of_ 20�by and between GRANTOR GRANTEE Todd P.Edwards and Leah Y.Edwards,Trustees of the FdWUds i Stephenson P.Shuford,and spouse Family Trull Dated October 18,2005,slkla R4wards Family Trust✓Parker D.Shuford u/a/4 October is,2025 I 140 W.Fr"In Stmt lint 224 l Chapel Hitt,NG 27516 i Tho designation Granter and Grantee as used herein shall inchule said parties,their halts,successors,and assigns,and shall include singular,plural,masculine,fetainine,or neuter as required by context. WITNESUT8,that the Grantor,for a valuable consideration paid by the Grantee,the recoipt of which is hereby acknowledged,Ess and by tbese presents does grant,bargain,self,and convey unto the Granted In fee tlmple,all that certain lot,parcel of land,or condominium unit situated in©tangs County,North Carolina,and more particularly deseaibcd as foilows: Ste Exhibit shed sad lac4riporatedhaOv tttWnm Thepropctty hminabova dewribcd was acquired by Grantor by instrurntnt recWod in Book —Page All or x por6o4 Of ibe properly herein conveyed El doe.Vlld does not include the primary residcnoe of s Grantor. A map showing the above-described property Is recorded In Plat Book_ Page TO HAVE AND TO HOLD tho aforesaid lot or parcel of land and all pciviltges and appurtonsnM thereto belonging to the Grantee In fr a simple. And the Grantor 00VO o 3 with the Grantee,that Grantor is soled of the promises in fee simple,has the right to oonvey the rime in fee simple,that title u ma rkotablo and free and clear of*p ewumhrsnocs,and that tmntor will wattant and defend the title against the Iawlltf claim of all persons wbomsoevor,other than the following oatesplions: NC Bar As$Xj&tiai Fara Na 3 0 Revised 7/2013 timed LyAtrcrotat Mich the NC Bar Am"lalloa North Gro&A BixAasxt►tiur-NC Bu Form No.3 Nonh Camden Awxia lva of Relent,Ixo.-SILndud FVM 3 submitted electronically by "Kendall H. Page, PLLC" in corpliance with Horth Carolina statutes governing recordable documents and the terns of the submitter agreet:ent with the orange County Register of Deeds. i BK 6910 PG 984 DOC# 301315/1 7 Ad valorem taxes for the=-nt ycu;utility easements and unviolstod covenants,conditions or restrictions that do not materially afroct the value of the Property. IN WITNESS WHEREOF,the Granter has duly oxecuted the foregoing as of the day and year;fust above written. Edwards Fatuity Trust Dated October 18,2005 --- Todd P.13dwuda; STATE of�1( rWIVU-4q a. COUNTY OF—_QKq4qe-- 1.a Notary Public,certify rbhat�t ftliJ0w�gg pprso�F�ed before ma this day atkaowtedging to me that hehhc signed the foregoing doctur=t:_ o C3 Date: e'I (p� _r,202d sus+NSt1 _ftn „`Nk� XkA j ltuia�ly Of elal Slgnawc ofNolary)'rblic (Affix Official Seal lretow) Rc+ PrittE Nsme: _ �1.1�nh K.. f Z�.$ t;OTpRY �y My commission expires: i O PUBLIC E�t7a �,jU� lJpgr4rpuHs��t BY: � gh).Fdmw Trustee STATEOfi MO COUNTY OF i,a Notary Public,cerfifytb&ljhofbllo W1 onally appeared before we”day arlmowledgi(g to me that belsho signed the foregoing document: .ltt `�— —. ��� Date: ,�` - "--- 2026 .�`�Cp41 NA K,fl�'ta Wr-t��_s. 1C. 1►i`^1_ r`a ��ommiso s; Of etalSignatumofNotaryPublic (Affix Official Seal below) i Zr NOTq i printNuw:MP � r,Q r AU �y o f s q ULiC 1 s My commission expires: !ll/llllllrlll�tyl„1 NC Bar Assoc iOco Form No.3 O Rsvisod 7nOr 3 pdud by Atmmr v wikh the NC[Sur Anadz6on bath Cwliw Bu AswUtim-NC➢u Folli No.3 NoibLamKuAssWil oaofRwttmr,kke,-S"ludFolin3 BK 6910 PG 985 DOC# 30131511 8 EXHIBIT A Those certain premisas COMOSing a portion of 140 Wcat Franklin Coadomirttum(the-Condominium"),said Condo "Itim baving boat astabInhed under Chapter 47C of the Noah Carotins Ooneral Statutes(the"North Carolina,Condominium Act')and the Declaration of Condominium dated May 1,2013,and se=rded on May 1,2013,in Book 5596,Page 476,Grange County Registry, North Carotins,as amended in Book 5626,Page 290,Book 5883,Page 8,Book 6119,Page 65,Book 6371,Page 315,Book 6482, Pago 74,Book 6767,Page 1959,and Book 6820,Pago 468,Orange,Couaty Registry,North Carollna,(the"Dooluadon"),as amended, the premises hereby oonveyad being tram particularly described to follows: 1, Unit No.224 in the Condorninium(the"Unit"),as dombed In the Dealantion and as shown on the Plan of Condominium which is recorded in Condominium Plat Book 111,at Pages 63-75,and Condomtnttmn Plat Book 11 S,Pages 153.161,Orange County Registry(colkWVCly,the'TIW)together with parking spaco(s)61,allocated as a limited common element to the Unit as shown on Exhibit C-1 to the Declaration. 2, An undivided 0.45%Allocated Interest appurtenant to the Unit in all Commit Eleoteats of the Condomdnitmrr,including the buildings and the improves mts on the land described in the Declaration and as shown on the Plan; Together with the right of ingr053 to and egress from said propertyand the right to use,for all purposes,in common with the(}rentor, its successors and assigns,and ail other occupants form tinny to tine,any and all portions of 140 West Fratt1r33n Condominium designated by the DCelaratian as"Common$lemenS.` Together with ail right,title and interest to the tmdtd*g fce simple interest in the Unit,the Limited Common Elements allocated to it, and its allacated iotarrst in the Common MICU tits pursuant to that oestrin purchs.9e option under the Ground Lease,as ddaod herein, w-hkh if oxtrolsed,will be exercistd by the 140 West Franklin Condominium Association,Inc.(the"Association")for the benefit of all of the then owners of the Units of the Condominium,and be evidenced by it deed form the Tows of Chapel Hill,or Its wMessars and assigns,to said then unit owners and rocordcd in the Orange County Registry,At the time the Town exeotes and delivers such deed,(a)the then owner of the unit hereby convayed shall automallcally be deemed the fee simple owner of such Unit,the Limited Common Elements allocated theme,and the Unit's Allocated Interest in the Common Elements,subject to the Declaration;and(b)the Ground Lease span be daemod to have merged by operation of Law and be terminated. The Unit herein conveyed is intended for mideatial uses.This assignment is subjtrt to the Ground Least,easements,restrictions, rights-of-way and other matters of record,to ad valorem taxes for the curtoat year.and to tho reservedons,ftatricdoas on use and ail covenants and obligations sot forth in the Dtclarstion and in the,Articles of Incorpwalion and Bylaws of the Associadom AJ)of the abow-deaeribed restrictions,psyments of charges and all other covenants,agreements,obligations,conditions and provisions ars incorporated in dais Deed by teferorm and constitute and shall constitute covenants running with the tend,equitable servitudes and liens to the extent set forth in said doeumonts and provided by law.Grantee,bislherlits heirs,suoce3 n and assigns,by accepting this Deed,hereby exprmly assume and agree to ba bound by and comply with all of the covenants,terms,provisions and conditions set forth in this Dowd,ion the Declaration and in the Articlea of Incorporation,Bylaws and Rules and Regulations made thereuodcr, including,but not limiled to,the obligation to make payment of assessments for the maintenance and operation of the Condominium rad the Common Elements,which assessments may be levied against the Unit. In the event Granter is fully or pafitally exempt from the requirement to pay ad valorem pro"taxes,Granth shall make payments to the Town of Chap:1 Hill an an annual basis which ase equal to the amount of ad valorem real propertytaxos that would be payable to the Town of Chapel!till if the Grantee were not to excrapl from prop"taxes.This covert&w may be enforced in equity through injunction,specific prafonnarhoe or otherwise,and at law,with the damage party receiving Its damages plus sttomcys Fens.By accepting and recording of this Deed,Grantee hereby covenants and agroes that it and its hairs,successors and assigns and the property horcinabove dosesibed aro and shall be encruubered by this covenant. The CondomWum is,as of the date of this Dood,a Ltastbold Condominium pursuant to§2-106 ofihe North Carolina Condominitun Act and that cutsin Ground Lease with the Town of Chapel Hill dated February 17,2011 (the"Ground Leaso')recorded in Book 5116,Pago 342,Orange County Registry,and amended by the First Amendment to Ground Lease recorded in Book 5596,Page 394, and by the Second Amtttdrnent to Ground Lease recorded in Book$670. Page 163, Orange County Registry, as assigned in Ase igraD=t and Assurrspdon of Ground Least in Book 6222,Page 192,Orange County Registry.Absent an event of condemnation or a trigger of the right of fust refusal as debcribrd in Sections B arW 13 respectively,of tho Ground!.ease,Grantee's ownership of the Unit until be subject to the Grottmd Lease for at least the first 50 years after creation of the Condominium. Pamel ID:4788-27.8230.030&978B-27-8230.005(easenrcat) Property Address:140 W.Franklin Street Utut 224,Chapel Hill,NC 27516 n`C Bu Aur Mian Fom No.3 O Reviud 712at3 Print W by Aarttv4sl with the NC Bit Atic+clua4 North Camuas Bar Asw66m-NC Bu Farm 1-o.3 Notch CtmErn Aatoeia6m of Raftots,kc.-Su rlud Fats 3 9 BK 6910 PG 986 - 989 (4) DOC# 30131512 This Document eRecorded: 04/08/2026 10:35:06 AM Pee: $26.00 Tax: $1,458.00 Orange County, North Carolina MARK CHILTON, Register of Deeds by MELISSA S. BENNETT 5788278230.030 9788278230,005 OCLR :JB NORTH CAROLINA CONDOMINIUM UNIT DEED OF ASSIGNMENT ORANGE COUNTY Excise Tax;S 1,458,00 P1N:97$8-27-8230.030&9788-27-8230.005(easement) Prepared by. Bagwell Holt Smith,PA(without title exam) Return to: Grantee Grantee's address: 140 W.Franklin Street, Unit 224 Chapel Hill,NC 27516 THIS DEED,inade this day of ,20____,by and between Todd P.Edwards and 'Leah J. Edwards, Trustees of the Edwards Family Trust Dated October 18, 2005, a/k/a Edwards Family Trust Wald October 18, 2045, hereinafter called "Grantor," and Stephenson P. Shuford and spouse,Parker D.Shuford,hereinafter called"Grantee" WITNESSETH: That the Grantor,for and in consideration of the sum of Ten Dollars($10.00)and other good and valuable considerations to it in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has given, granted,bargained,sold,conveyed and assigned, and by these presents does give, grant, bargain, sell, convey,confirm and assign unto the Grantee, his/her/its heirs, successors and assigns,certain premises in Orange County County,North Carolina,described as follows, Those certain premises comprising a portion of 140 West Franklin Condominium (the "Condominiums"), said Condominium having been established under Chapter 47C of the North Carolina General Statutes (the "North Carolina Condominium Act") and the Declaration of Condominium dated May 1, 2013, and recorded on May 1, 2013, in Book 5596, Page 476, Orange County Registry,North Carolina, as amended in Book 5626, Page 290, Bonk 5883, Page 8, Book 6119, Page 65, Book 6371, Page 315, Book 6482, Page 74, Book 6767, Page 1959,and Book 6820,Page 468,Orange County Registry, North Carolina, (the "Declaration"), as amended, the premises hereby conveyed being more particularly described as follows: submitted electronically by "Kendall H. Page, YLLC In compliance with North Carolina statutes governing recordable documents and the teras of the submitter agreement with the orange county Register of Deeds. 10 BK 5910 PC 937 ®OC# 30131512 1. Unit No. 224 in rite Condominium (the "Unit"), as described in the Declaration and as shown on the Plan of Condominium which is recorded in Condominium Plat Book I11, at Pages 63-75, and Condominium Plat Book 115, pages 153-161, Orange County Registry(collectively, the "Plan") together with parking space(s) 61, allocated as a limited common element to the Unit as shown on Exhibit C-1 to the Declaration. 2. An undivided 0.45% Allocated interest appurtenant to the Unit in all Common Elements of the Condominium, including the buildings and the improvements on the land described in the Declaration artd as shown on the Plan; 7'ogether with the right of ingress to and egress from-said property and the right to use,for all purposes, m common with the Grantor, its successors and assigns, and all other occupants form time to time,any and all portions of 140 West Franklin.Condominium designated by the Declaration as"Common Elements." Together with all right,title and interest to the underlying fee simple interest in the Unit, tine Limited Common Elements allocated to it,and its allocated interest in the Common Elements pursuant to that certain purchase option under the Ground Lease, as defined herein, which if exercised, will be exercised by the 144 West Franklin Condominium Association, Inc. (the "Association") for the benefit of all of the then owners of the Units of the Condominiutn,and be evidenced by a deed form the Town of Chapel Hill,or its successors and assigns, to said then unit owners and recorded in the Orange County Registry.At the time the Town exectes and delivers such deed,(a)the then owner of the unit hereby conveyed shall automatically be deemed the fee simple owner of such Unit, the Limited Common Elements allocated therto, and the Unit's Allocated Interest in the Common Elements, subject to the Declaration; and (b)the Ground Lease shall be deemed to have merged by operation of law and be terminated. The Unit herein conveyed is intended for residential uses. This assignment is subject to the Ground Lease, easements, restrictions, rights-0f--way and other matters of record, to ad valorem taxes for the current year, and to the reservations ,restrictions on use and 81I covenants and obligations set forth in the Declaration and in the Articles of Incorporation and Bylaws of the Association.All of the above-described restrictions,payments of charges and all other covenants, agreements, obligations, conditions and provisions are incorporated in this Deed by reference and constitute and shall constitute covenants running with the land, equitable servitudes and liens to the extent set forth in said documents and provided by law. Grantee, his/herliits heirs, successors and assigns, by accepting this Dead, hereby expressly assume and agree to be bound by and comply with all of the covenants, terms, provisions and conditions set forth in this Deed, ion the Declaration and in the Articles of Incorporation, Bylaws and Rules and Regulations made, thereunder, including, but not limited to, the obligation to make payment of assessments for the maintenance and operation of the Condominium and the Common Elements,which assessments may be levied against the Unit. In the event Grantee is fully or partially exempt from the requirement to pay ad valorem property taxes, Grantee shall make payments to the Town of Chapel Hill on an annual basis which are equal to the amount of ad valorem real property taxes that would be payable to the Town of Chapel Hill if the Grantee were not so exempt from property taxes. This covenant may be enforced in equity through injunction,specific performance or otherwise,and at law, with the damage party receiving its damages plus attorney's fees.By accepting and recording of this Deed,Grantee hereby covenants and agrees that it and its heirs,successors and assigns 11 BK 5910 PG 933 DOC# 30131512 and the property hereinabove describes{are and shall be encumbered by this covenant. The Condominium is, as of the date of this Deed, a Leasehold Condominium pursuant to §2-106 of the North Carolina Condominium Act and that certain Ground Lease with the Town of Chapel Hill dated February 17,2011 (the "Ground Leaso")recorded in Book 5116, Page 342, Orange County Registry, and amended by the First Amendment to Ground Lease recorded in Book 5596, Page 394,and by the Second Amendment to Ground Lease recorded in Book 5670, Page 163, Orange County Registry, as assigned in Assignment and Assumption of Ground Lease in Hook 6222, Page 192, Orange County Registry. Absent an event of condemnation or a trigger of the right of first refusal as described in Sections 8 and 13 respectively, of the Ground Lease, Grantee's ownership of the Unit will be subject to the Ground Lease for at least the first 50 years after creation of the Condominium. TO HAVE AND TO HOLD the premises described herein, with all the appurtenances thereunto belonging, or in any wise appertaining, unto the Grantee, his/her/its heirs, successors and assigns, forever. And the Grantor covenants that it is possessed of the leasehold of said premises, and has the right to assign the interest herein described; that said premises are free from encumbrances (with the exceptions stated herein, if any), and that it will warrant and defend the said title to the same against the lawful claims of all persons whomsoever. Pursuant to N.C.G.S, §105.317.2, the Seller/Grantor states as follows: The property conveyed herein does/—does not include the primary residence of ilia Grantors. When reference is made to the Grantee, the singular shall include the plural, and the masculine shall include the feminine or the neuter. [signature page follows) 12 BK 6910 PG 989 DOC# 30131512 IN Wl NESS WHEREOF,the Grantor has caused these presents to be duly executed in its name,all the day and year first above written. P �� BX: _ _ Todd P.Edwards,_ nrst BY: f �Tkltee �V C �.eah J.Edw S, STATE OF PJOr-0A C Lt.OLP', COUNTY OF r J, :a Notary Publio,do hereby certify that the following Person(s) porsonally appeared before we this day and aclrnowledged the due execution of the foregoing instnrment: T P wards d wgrA,Trustm Date; (D 4 �1-�-°�? A L — (SEAL) Printed Name: _MLf." k. atC4-S rrrrp r y �• �lS2 f�rr'�4a, M Couunissiou gyres: i 00 13 ALMINDRAELVeR S7. 314 DASYS CHAPEL 1-i1Li.,AJC 27.riiG Pdy For lei L I t 7 s. 4' I 1 14 Package Summary Recording Report Report generated, Fri, 1.0 Apr 2026 02:46 PM EDT Package, Shuford - 4600O3BA-FF85-433A-BE16-C236AED7DAB1 Straus: Recorder! Submitter: Kendall H. Page, PLLC (NCTXPC) Recipient: Orange County, NC Documents Document Name Document Type# of Pages Status Recording Number Recording Date Pees Trust Cert to Record CERTIFICATE 2 Recorded is 30131510 8 6910 P 981 Wed 04/00/2026 10:35 AM EDT 28,00 GWDeed t0 Record DEED 3 Recorded E 3013151i S 6910 P 983 Wed 04/08/2026 10,35 AM EDT 1,486.00 Condo Assfgnrnent to Record ASSIGNMENT 4 Recorded E=30131512 8 6910 P 986 Wed 04/08/2026 10:35 AM EDT 1,486,00 Fees Fee rye Payment Account Name Fee Amount Recording Fees MARCH 2018 (eCheck************8937) 1,642.00 Taxes MARCH 2018(eCheck************8937) 1,458.00 5ubmtsdon Fees �'ota_i.,P..e...e__s..r...,..»...»... MARCH 2018(eChec * 615,.0,.0 ... „ k 3,,.0.,15...o0 Questions Contact Sim plifile,Support 800460,5657, option 3 5072 North 300 West Provo, UT 84604