name of owner college acres realt7 llc

58
FORM WR1 ESTABLISHED 09/2009 DOCKET NO. WR- FILING FEE RECEIVED BEFORE THE NORTH CAROLINA UTILITIES COMMISSION APPLICATION FOR CERTIFICATE OF AUTHORITY TO CHARGE FOR WATER AND/OR SEWER SERVICE AND FOR APPROVAL OF RATES FOR APARTMENT COMPLEXES AND MANUFACTURED HOME PARKS INSTRUCTIONS If additional space is needed, supplementary sheets may be attached. If any section does not apply, write "not applicable". 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17 18. 19. 20. 21. APPLICANT Name of owner college Acres Realt7 LLC Business mailing address of owner c/o Brown Investment Pro erties PO Box 930 City and state Greensboro NC Zip code 27402 Business telephone number 336-379-8771 Business fax number 336-369-5907 Business email address ma harshe @bi inc. com PROPOSED UTILITY SERVICE AREA Name of Apartment Complex or Manufactured Home Park Cottages at College Acres County (or counties) New Hanover Type of Service (Water and/or Sewer) water and sewer Supplier of purchased water Cape Fear Public Utility Authority Supplier of purchased sewage treatment Cape Fear Public Utility Authorit Number of customers - Water under constructionSewer under construction no current customers Number of customers that can be served (including present customers, vacant units or lots, etc. ): Water 45 Sewer 45 For manufactured home parks, are all lots to be served owned by the Applicant? (yes or no) N/A PROPOSED RATES (Amount Applicant Proposes to Charge) Water usage rate (not to exceed supplier's unit consumption rate): $4. 02 Sewer usage rate (not to exceed supplier's unit consumption rate): $4-63 Are the usage rates listed above per ccf or per 1, 000 gallons? 1000 gallons Monthly administrative fee: $3. 75 + $10. 17 base fee ($4. 90 water, $5. 17 sewer) (NOTE: NCUC Rule R18-6(a) specifies that no more than $3. 75 may be added to the cost of purchased water and sewer service as an administrative fee to compensate the provider for meter reading, billing, and collection. An additional administration fee amount may be requested to compensate the provider for administrative fees imposed by the supplier) Bills past due 25 days after billing date (NCUC Rule R18-7(d) specifies that bills shall not be past due less than twenty-five (25) days after billing date). PERSONS TO CONTACT Management Company Complaints or Billing Emergency Service Filing and Payment of Regulatory Fees to Utilities Commission NAME Mary Harshey Nat 1 Exemption Svc Cottaees 0 Colleee Acres Ellen Fields Brown Investmen ESS,,_ roperties. Inc. PO Box 930. Greensboro. NCJ27402 604 Packard Ct, Safety Harbor FL 34695 2930 DeSpain Dr, Wilmington NC 28403 Brown Investment Properties, Inc. PO Box 930, Greensboro, NC 27402 TELEPHONE 336-379-8771 800-488-1748 910-627-5823 336-379-8771 3425 Sub 0 100.00

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FORM WR1ESTABLISHED 09/2009

DOCKET NO. WR-

FILING FEE RECEIVED

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION

APPLICATION FOR CERTIFICATE OF AUTHORITY TO CHARGE FOR WATER AND/OR SEWER SERVICE AND FORAPPROVAL OF RATES FOR APARTMENT COMPLEXES AND MANUFACTURED HOME PARKS

INSTRUCTIONS

If additional space is needed, supplementary sheets may be attached. If any section does not apply, write "not applicable".

1.2.

3.4.

5.6.7.8.9.

10.11.

12.

13.14.15.16.

17

18.19.20.

21.

APPLICANT

Name of owner college Acres Realt7 LLCBusiness mailing address of owner c/o Brown Investment Pro erties PO Box 930

City and state Greensboro NC Zip code 27402Business telephone number 336-379-8771 Business fax number 336-369-5907Business email address ma harshe @bi inc. com

PROPOSED UTILITY SERVICE AREA

Name of Apartment Complex or Manufactured Home Park Cottages at College AcresCounty (or counties) New HanoverType of Service (Water and/or Sewer) water and sewerSupplier of purchased water Cape Fear Public Utility AuthoritySupplier of purchased sewage treatment Cape Fear Public Utility AuthoritNumber of customers - Water under constructionSewer under construction no current customers

Number of customers that can be served (including present customers, vacant units or lots, etc. ):Water 45 Sewer 45

For manufactured home parks, are all lots to be served owned by the Applicant? (yes or no) N/A

PROPOSED RATES(Amount Applicant Proposes to Charge)

Water usage rate (not to exceed supplier's unit consumption rate): $4.02Sewer usage rate (not to exceed supplier's unit consumption rate): $4-63Are the usage rates listed above per ccf or per 1, 000 gallons? 1000 gallonsMonthly administrative fee: $3.75 + $10.17 base fee ($4.90 water, $5. 17 sewer)(NOTE: NCUC Rule R18-6(a) specifies that no more than $3. 75 may be added to the cost of purchased water andsewer service as an administrative fee to compensate the provider for meter reading, billing, and collection. Anadditional administration fee amount may be requested to compensate the provider for administrative feesimposed by the supplier)

Bills past due 25 days after billing date (NCUC Rule R18-7(d) specifies that bills shall not be past due lessthan twenty-five (25) days after billing date).

PERSONS TO CONTACT

Management Company

Complaints or Billing

Emergency Service

Filing and Payment of RegulatoryFees to Utilities Commission

NAME

Mary Harshey

Nat 1 Exemption SvcCottaees 0 Colleee Acres

Ellen Fields

Brown InvestmenESS,,_roperties. Inc.

PO Box 930. Greensboro. NCJ27402

604 Packard Ct, Safety Harbor FL 346952930 DeSpain Dr, Wilmington NC 28403

Brown Investment Properties, Inc.PO Box 930, Greensboro, NC 27402

TELEPHONE336-379-8771

800-488-1748

910-627-5823

336-379-8771

3425 Sub 0

100.00

FORM WR1ESTABLISHED 09/2009

1. If the Applicant is a corporation, LLC, LP, etc., enclose a copy of the certification from the North Carolina Secretaryof State (Articles of Incorporation or Application for Certificate of Authority for Limited Liability Company, etc. ).(Must match name on Line 1 of application.)

2. If the Applicant is a partnership, enclose a copy of the partnership agreement. (Must match name on Line 1 ofapplication.)

3. Enclose a copy of a Warranty Deed showing that the Applicant has ownership of all the property necessary tooperate the utility. (Must match name on Line 1 of application.)

4. Enclose a vicinity map showing the location of the apartment complex or manufactured home park in sufficientdetail for someone not familiar with the county to locate the apartment complex or manufactured home park. (Acounty roadmap with the apartment complex or manufactured home park outlined is suggested.)

5. Enclose maps of the apartment complex or manufactured home park in sufficient detail to show the layout ofstreets, apartment buildings or manufactured home lots, and water and/or sewer mains.

6. Enclose a copy of the supplier's schedule of rates that will be charged to the provider for purchased water.7. Enclose a copy of the supplier's schedule of rates that will be charged to the provider for purchased sewage

treatment.

8. Enclose a copy of any agreements or contracts that the Applicant has entered into covering the provision of billingand collecting and meter reading services to the apartment complex or manufactured home park.

9. If the provider is requesting to include the supplier's administrative fee in its administrative fee, enclose an exhibitlisting the master meters serving the apartment complex or mobile home park, indicating for each master meter thesize of the meter. Apartment complexes should also indicate the number of apartment buildings served by themeter, and the number of apartments in each apartment building.

FILING INSTRUCTIONS

10. Submit one (1) original application with required exhibits and ori inal notarized si nature, plus seven (7)additional collated copies to: [USPS address] Chief Clerk's Office, North Carolina Utilities Commission, 4325Mail Service Center, Raleigh, North Carolina 27699-4325, or [overnight delivery at street address] ChiefClerk's Office, North Carolina Utilities Commission, 430 North Salisbury Street, Raleigh, North Carolina27603. Provide a self-addressed stamped envelope, plus an additional copy, if a file-stamped copy is requestedby the Applicant.

11. Enclose a filing fee as required by G. S. §62-300. A Class A company (annual revenues of $1,000,000 or more)requires a $250 filing fee. A Class B company (annual revenues between $200,000 and $1,000,000) requires a$100 filing fee. A Class C company (annual revenues less than $200,000) requires a $25 filing fee. MAKECHECK PAYABLE TO N.C. DEPARTMENT OF COMMERCE/UTILITIES COMMISSION.

SIGNATURE

12. Application shall be signed and verified by the Applicant. ^

Signature

Date ^ <? »L

13. (Typed or Printed Name) 11 ^) .personally appearing before me and, being irst duly sworn, says that the information contained in this applicationand in the exhibits attached hereto are true to the best of his/her knowledge and belief.

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Notary Public

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State of North CarolinaDepartment of the Secretary of State

SOSID: 1879957Date Filed: 8/14/2019 11:11:00 AM

Elaine F. Marshall

North Carolina Secretary of State

C2019 225 00251

Limited Liability CompanyARTICLES OF ORGANIZATION

Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articlesof Orgaiuzation for the purpose of forming a limited liability company.

1.

2.

3.

4.

The name of the limited liability company is: College Acres Realty LLC(See Item lofthe Instructions for appropriate entity designation)

The name and address of each person executing these articles of organization is as follows: (State whether eachperson is executing these articles of organization m the capacity of a member, organizer or both by checkingall applicable boxes. ) Note: This document must be signed by all persons listed.NameMichael J. Wenlg

Business AddressP. O, Box 2888, Gresnsboro, NC 27402

CapacityQMember BOrganizer

QMember Q Organizer

QMember Q Organizer

The name of the mitial registered agent is: Chester H. BrOWHThe street address and county of the initial registered agent office of the limited liability company is:

Nu^», «,ds^. 440 West Market Streetc^ Greensboro State; NC Zip Code: 27401 County: GuJlford

5. The mailin address, if different from the street address, of the initial registered agent office is:

Number and Sti-eet p-°- Box 93°

Qty Greensboro State: NC Zip Code: 27402 county: Guilford

6. Principal office infonnation; (Select either a or b.)

a. \V \ The limited liability company has a principal office.

The principal office telephone number:

The street address and county of the principal office of the limited liability company is:

Number^ street: 440 West Market StreetGreensboro

City s.a.. :NC zipcode: 27401 ^^: Guilford

BUSINESS REGISTRATION DIVISION(Revised August. 2017)

P.O. BOX 29622 Raleigh, NC 27626-0622Form L-01

7.

8.

The mailin address, if different from the street address, of the principal office of the company is:

Number and Street:

City: State: Zip Code: County:

b. |_| The limited liability company does not have a principal office.

Any other provisions which the limited liability company elects to include (e. g., the purpose of the entity) areattached.

(Optional): Listmg of Company Officials (See instructions on the importance of listing the company officials in thecreation document.

Name Title Business Address

9. (Optional): Please provide a business e-mail addresThe Secretary of State's Office will e-mail the business adocument is filed. The e-mail provided will not be viewaoffered, please see the instructions for this document.

Privac Redaction

. *. It . . 0

cost when ay this service is

10. These articles will be effective upon filing, unless a future date is specified:

This is the 12th day of August 2019 .College Acres Realty LLC

ignature

Michael J. Wenlg, Organizer

Type or Print Name and Title

The below space to be used if more than one organizer or member is listed in Item #2 above.

Signature

Type and Print Name and Tit e

Signature

Type and Print Name and Title

NOTE:1. Filing fee is $125. This document must be filed with the Secretary of State.

BUSINESS REGISTRATION DIVISION(Revised August. 2017)

P.O. BOX 29622 Raleigh, NC 27626-0622FormL-01

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BK: RB 6242PG: 2064.2074RECSRDEDL- - 201902783408-29-2019 NEW HANOVER COWVf, NC04:08:41 PM TAMMY THEUSCH'BEASLEY'BVLA.ND?.!A CRESWELL REGISTER OF DEEDS

NC FEE I26. DOSTATE OF NCREAL ESTATEECTXSSIO.OO

NORTH CAROLINA GENERAL WARRANTY DEEDExcise Tax: $510.00

Parcel Identifier No. R055Q8-005-007

Mail/Boxto: Grantee

This instrument was prepared by: Stephen E. Klee, FOX ROTHSCHILD LLP, Post Office Box 21927, Greensboro, NC 27420

Brief description for the Index:

THIS DEED made thiss/'7 r day of August, 2019 by and between

GRANTOR GRANTEE

MICHAEL E. BRONSONand wife,

PAMELA J. BRONSON

COLLEGE ACRES REALTY LLCA North Carolina limited liability company

Address: 440 West Market Street, Greensboro, NC 27401

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, tiieir heirs, successors, and assigns, and shall include singular,plural, masculine, feminme 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 bythese presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near theCity of Wilmington, New Hanover County, North Carolina and more particularly described as follows:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.

The property described herein does not include the primary residence of the Grantor.

The property hereinabove described was acquired by Grantor by instrument recorded in Book 1470 Page 403, New Hanover CountyRegistry.

NC Bar Association Fonn No. 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\ 101267585. V1 -8/15/19

Book 6242 Page 2064

A map showing the above described property is recorded in Plat Book 7, Page 27, New Hanover County Registry.

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in feesimple.

And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee sunple, has the right to convey the same in feesimple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawfulclaims of all persons whomsoever, other than the following exceptions:

Restrictions, easements and rights of way of record, if any, and ad valorem taxes for the current year.

The Property is being conveyed by Grantor to Grantee free and clear of all liens, claims and encumbrances pursuant to the"Consent Order Approving and Confirming Private Sale Free and Clear of All Liens and Interests and For Approval ofDisbursements" entered by the United States Bankruptcy Court for the Eastern District of North Carolina in Case Number 18-03396-5-JNC (the "Order"), A certified copy of the Order is attached as EXHIBIT B hereto.

IN WITNESS WHEREOF, the Grantor has duly executed the f re g-as of he year first above written.

1C E. BRONSON

PAMELA J. B NSON

S3^TE OF{A-s> COUNTy

I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or shesigned tiie foregoing document: MICHAEL E. BRONSON

Today's Date: .., \- &)l . 201^

RYAN EVERETT. QUALTERSla&^S^i Notary Public - State of Florida'^^^! Commission li GG 353418

":''-WSS''~ My Comm. Expires Jul 9, 2023

[No . s signature as name appears on seal]

^i&fe-H^ /^[Nota printed name as name appears on seal]

My commission expires: J-^/ 7 , 20 ^

[Affix Seal]

NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

ActiveM 01267585. V1-8/15/19

Book 6242 Page 2065

ST TEOF' e J>

K/^COUNTY

I certify that the following person(s) personally appeared beforsigned the foregoing document: PAMELA J. BRONSON

day, each acknowledging to me that he or she

Today's Date: A^u^- ^l . 20J^

^^... RYANEVERETT-QUALTERS(f^S^ Notanr Public - State of Florida

Commission ffGG 353418';'af.^y MyComm. ExplresJul9. 2023^?

[Notary's signature as name appears on seal]

/^/->[Notary's printed name as name appears on seal]

My commission expires: Ju / *7 , 20_^j-

[Affix Seal]

NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\I01267585. vl-8/15/19

Book 6242 Page 2066

EXHIBIT "A"LEGAL DESCRIPTION

TRACT I.

BEBSTG ALL OF LOT NUMBER ELEVEN (11) College Acres, as shown on plat filed m Map Book 7, Page 27,New Hanover County Registry.

TRACT II.

BEGINNING at apomt in the southern line of College Drive that is South 56 degrees 41 mmutes East 850 feetfiuma point where said line is intersected by the Eastern line ofN.C. Highway #132, ruiming thence South 56 degrees 41minutes East with the southern line of College Drive, 50 feet to the ̂ ortheast comer of Lot 9, College Acres; thenceSouth 33 degrees 19 minutes West with the eastern line of Lot 9, 200 feet to a point in the line ofWilmingtonCollege ft-act, the southeast comer of Lot 9; thence North 56 degrees 41 minutes West with said Wiknington Collegeline 50 feet; thence North 33 degrees 19 minutes East 200 feet to the POINT OF BEGFNNWG. The same being theeastern one-halfofLot 9 as shown on map of College Acres dated July, 1960, by H.M. Loughlin, Registered LandSurveyor, and recorded in Map Book 7, Page 27, New Hanover County Registry.

TRACT IH.

BEGINNING at a stake m the southern right of way line of College Acres Drive (30 feet from the centerline thereof)said stake being the northeast corner of Lot 11 and the northeast comer of Lot 13 of College Acres as shown on amap thereof recorded in Map Book 7, Page 27, New Hanover County Registry; running from said beginning point,South 29 degrees 53 minutes West 201.20 feet to a point, said point being the southeast comer of Lot 11 and thesouthwest comer of Lot 13 ; thence South 56 degrees 41 minutes East 38.26 feet to a point; thence North 34 degrees53 minutes East 204.9 feet to a point on the southern line of College Acres Drive; thence along the southern line ofCollege Acres Drive as it curves northwestwardly to the POINT OF BEGESTNDSTG, and being the western part of Lot13, College Acres Subdivision, as shown on map thereof filed in Map Book 7, Page 27 New Hanover CountyRegistry.

NC Bar Association Fonn No. 3 © 1 976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101267585. vl-8/15/19

Book 6242 Page 2067

EXHIBIT "B"BANKRUPTCY ORDER

See attached.

NC Bar Association Fonn No. 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 198] - Chicago Title Insurance Company

Active\101267585. vl-8/15/19

Book 6242 Page 2068

Case 18-03396-5-JNC Doc 95 Filed 03/08/19 Entered 03/08/19 13:09:

SO ORDERED.

SIGNED this 8 day of March, 2019.

. '«1 of 5

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se N. all wayUnited States Bankru y Judge

UNITED STATES BANKRUPTCY COURTEASTERN DISTRICT OF NORTH CAROLINA

WILMINGTON DIVISION

m RE:

MICHAEL EDWARD BRONSON,PAMELA JOY BRONSON,

DEBTOR(S)

CASE NO.: 18-03396-5-JNCCHAPTER 11

CONSENT ORDER APPROVING AND CONFIRMmG PRIVATE SALE' FREE AND CLEAR OF ALL LIENS AND INTERESTS AND

FOR APPROVAL OF DISBURSEMENTS

THIS MATTER is before the Court on the Debtors' Motion for Approval of PrivateSale Free and Clear of Liens and Interest and for Approval of Disbursements [D.E. 48],and the objections to said motion filed by the Bankruptcy Administrator ("BA") andCan-mgton Mortgage Services, LLC, as servicer for Banlc of America, N.A. ("CMS"), andit appearing that the parties have reached a resolution of the issues related to the motion.

THEREFORE, based upon the Motion, and the record, in the above-captioned matter, the parties have shown onto the Court as follows and the Court herebymakes the following FINDINGS OF FACT and CONCLUSIONS OF LAW:

1. This matter is a core proceeding pursuant to 28 U. S.C. § 157, and the Courthas jurisdiction pursuant to 28 U.S.C. §§ 151, 157, and 1334. The Court has the authorityto hear this matter pursuant to the General Order of Reference entered August 3, 1984 bythe United States District. Court for the Eastern District of North Carolina.

2. On July 6, 2018, the Debtors filed the above captioned case under Chapter11 of the Bankruptcy Code and currently operate as Debtors-in-Possession,

3. The property offered for sale is described as follows:

Book 6242 Page 2069

Case 18-03396-5-JNC Doc 95 Filed 03/08/19 Entered 03/08/19 13:09:08 Page 2 of 5

House and lot located at 4738 College Acres Drive, Wilmington, North Carolina28403, and more particularly described at Book 1470, Page 403 of the New HanoverCounty Registry (hereinafter "Property").

4. The Property is owned by the Debtors, and upon information and belief, theDebtors are aware of the following secured clauns and interests in the Property:

Creditor

Michael Edward Bronson

Pamela Joy Bronsonand

KalenS. Bronson

Tamzin C. Tillev & Jamie TilleZac JohnsonBank of America, N.A.

Any secured claim is disputed asit is not perfected

Nature of Lien Approx. Amount OwedOn Petition Date

Claimed exemption $70, 000. 00 [D.E. 1, p.under N.C. Gen. Stat. § 37]lC-1601(a)(l).

Debtors' 20-year-old,dependent son residesin the property. He is afull-time student atCFCC.Leasehold InterestLeasehold InterestLeasehold Interest

Lis Pendens (filed inNew Hanover CountyClerk of SuperiorCourt file no. 17 CVS1321

$0.00$0. 00$0.00$408,966. 37 [ClaimsRegister No. 13]

5. The Debtors have received an offer &om College Acres D evelopment, LLC,a limited liability company organized under the laws of the State of South Carolina("Purchaser") to purchase this Property for TWO HUNDRED FIFTY-FIVE THOUSANDN0/100 DOLLARS ($255,000.00). There is no realtor involved in the proposed sale ofthe Property. The offer is the result of negotiation between the Purchaser and the Debtors.

6. The Debtors contend that the proposed sales price of $255,000.00 that willbe paid on behalf of the bankruptcy estate represents a fair price for the Property m today'smarket, given the age and condition of the Property. The New Hanover County Tax Officevalues the Property at $231,800.

7. The Purchaser is not a friend, relative or other insider of the Debtors andthe Purchaser does not hold any interest adverse to the Debtors.

8. The proceeds of the sale will be distributed between the closing costs andthe trust account for the attorney for the Debtor, for the benefit of the Bankruptcy Estate,to be held subject to further orders of this Court allowing the distribution of these proceeds.

Book 6242 Page 2070

Case 18-03396-5-JNC Doc 95 Filed 03/08/19 Entered 03/08/19 13:09:08 Page 3 of 5

9. The Property will be sold free and clear of all liens, encumbrances, claims,rights and other interests of any creditor or other party pursuant'to the Bankruptcy Code,including, -without limitation §§105 and 363. All such liens, encumbrances, claims, rightsand other interests, to the extent they are determined by the Court to exist and to be non-avoidable, perfected, valid and binding liens, encumbrances, claims, rights and otherinterests shall attach to proceeds of sale of such assets and be paid as allowed andauthorized by the Court.

10. The Debtors are additionally seeking approval of the followingdisbursements, in the following priority, at the closing of the Property:

Creditor/Interest Holder

Kalen S. Bronson

Tamzin C. Tilley andhusband, Jamie Tilley

Zac Johnson

Closing costs

Michael Edward Bronson

and Pamela Joy Bronson

Bank of America, N.A.

Any secured claim isdisputed as it is not

erfectedRichard P. Cook, PLLCTrust Account

Fbo Bankruptcy Estate ofMichael & Pamela Bronson

Nature of Lien/Iaterest

Leasehold mterestLeasehold interest

Leasehold interest

Administrative Expensesunder 11 U. S.C. §503Claimed exemption underN.C. Gen. Stat. § 1C-1601 a 1Lis Pendens (filed in NewHanover County Clerk ofSuperior Court file no. 17CVS 1321)

Property of the Estate underllU. S. C. §1115(a)

Approx. AmountTo be Disbursed

$0. 00$0.00

$0. 00$2, 500. 00 (est.)

$0.00 (subject to furtherorder of the Court)

$0.00

$252, 500.00 (est. ) (allamounts shown abovethis class shall be paidprior to distribution toRichard P. Cook, PLLCfbo the BankruptcyEstate

THEREFORE, BASED UPON THE FOREGOING, IT IS ORDERED,ADJUDGED AND DECREED AS FOLLOWS:

1. The private sale of the Property described herein to the Purchaser for theprice of $255,000.00 is hereby allowed and confirmed;

2. The title to the Property shall be transferred from the Debtors to CollegeAcres Development, LLC, or its assigns;

3. The Property of the Debtors contained herein is transferred free and clear ofthe liens, claims, encumbrances, rights and interests described herein, with said above-

Book 6242 Page 2071

Case 18-03396-5-JNC Doc 95 Filed 03/08/19 Entered 03/08/19 .13:09:08 Page 4 of 5

described liens to attach to the proceeds of sale, if any, subject to the Orders that may beentered by this Court distributing said proceeds;

4, The Debtors are authorized to enter mto any related agreements, documentsor other instruments, closing statements, or other reasonable-and necessary documents asnecessary to effectuate the sale of the Property as authorized by the Court;

5. The proceeds of the sale, after the payment of closing costs and ad valoremproperty taxes, shall be paid to Richard P. Cook, PLLC Trust Account, to be held subjectto further orders of this Court allowmg the distribution of these proceeds;

6. The previous objections of the Banlc of America and the BankruptcyAdmmistratoF with respect to the distribution of the proceeds as well as the validity, priorityand extent of the liens of lienholders and claimants are reserved, for a subsequentdetermination;

7. The 14-day stay period provided for by Fed. R. Banlcr. P. 6004(h) is waived.

8. The Bankruptcy Administrator and Banlc of America consent to the sale ofthe property subject to the provisions m paragraph 6.

IN CONSENT:

/s/RichardP. CookRichard P. CookRichard P. Cook, PLLCAttorney -for the DebtorsN.C. State Bar No. 37614 .7036 Wrightsville Ave, Suite 101Wilmington, NC 28403(910) [email protected]

/s/Jose h J. Vonne t

Joseph J. VonnegutHutchens Law Firm

Attorneys for Carringtoh Mortgage Services, LLC asServicing Agent for Banlc of America, N.A.N.C. State Bar No. 32974PO Box 2505Fayetteville, NC [email protected]

Book 6242 Page 2072

Case 18-03396-5-JNC Doc 95 Filed 03/08/19 Entered 03/08/19 13:09:08 Page 5 of 5

/s/Mar'orie K. L nch

Marjorie K. LynchBankruptcy AdministratorN.C. State Bar No. 13594434 Fayetteville Street, Suite 640Raleigh, North Carolina 27601Marjorie_lynch@nceba. uscourts. gov

END OF DOCUMENT

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A True CopyStephani J. Butler. ClerkUnite s ankrujit y Co

By:Deputy C erk

Book 6242 Page 2073

TAMMY THEUSCHBEASLEY

Register of Deeds

i^ew Hanover CountyRegister of Deeds

^w

320 CHESTNUT ST SUITE 102 . WILMINGTON, NORTH CAROLINA 28401Telephone 910-798-4530 . Fax 910-798-7716 ''^, ^''

^

************************************************

State of North Carolina, County of NEW HANOVERFiled For Registration: 08/29/2019 04:08:41 PM

Book: RB 6242 Page: 2064-207411 PGS $536. 00

Real Property $26. 00Excise Tax $510. 00Recorder: ANDREA CRESWELL

Document No: 2019027834

************************************************************************************************************

DO NOT REMOVE'This certification sheet is a vital part of your recorded document. Please retain with original dociiment and submitwhen re-recording.

Book 6242 Page 2074

^. ^Book 6242 Page 2059

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ASSISTANT

NC^FEE $26.00STATE OF NCREALESTATEEXTX $700. 00

NORTH CAROLWA GENERAL WARRANTY DEED

Excise Tax: $700. 00

Parcel Identifier No. R05508-005-010

Mail/Boxto: Grantee

This instrument was prepared by: Stephen E. Klee, FOX ROTHSCHILD LLP, Post Office Box 21927, Greensboro, NC 27420

Brief description for the Index;

THIS DEED made thiso^f day of August, 2019 by and between

GRANTOR GRANTEE

KENNETH W. BAKERand wife,

GEORGIA M. BAKER

COLLEGE ACRES REALTY LLCA North Carolina limited liability company

Address: 440 West Market Street, Greensboro, NC 27401

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 bythese presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near theCity of Wihnington, New HanoverCounty, North Carolina and more particularly described as follows:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.

The property described herein does not include the primary residence of the Grantor.

The property hereinabove described was acquired by Grantor by instrument recorded m Book 1253 Page 1750, New Hanover CountyRegistry.

NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101264406. vl-8/15/19

Book 6242 Page 2060

A map showing the above described property is recorded in Plat Book 7, Page 27, New Hanover County Registry.

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in feesimple.

And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in feesimple, that title is marketable and fi^e and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawfulclaims of all persons whomsoever, other than the following exceptions:

Restrictions, easements and rights of way of record, if any, and ad valorem taxes for the current year.

W WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.

/v.KE TH W. BAKER

GEORGIA . BAKEB

STATE OFCOUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or shesigned the foregoing document: KENNETH W. BAKER

Today's Date:AA^_J3_^ 2019

/^^^ ^OTA^\^- <s . uss^ 2;

[AfBx^^ ̂ (/BLV° ̂ J^s^

si e as name appears on seal]

\^c[Notary's printed name as name appears on seal]

My commission expires: 20 2^

NC Bar Association Fonn No. 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

ActiveM 01264406. VI-8/15/19

Book 6242 Page 2061

FATE OF.AS!JCOUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or shesigned the foregoing document: GEORGIA M. BAKER

Today's Date: A^@^T t<£( , 20\^\

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' igna as name appears on seal]

[Notary's printed name as name appears on seal]

My commission expires: , 20

NC Bar Association Form No. 3 © 1 976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101264406. vl-8/15/19

Book 6242 Page 2062

EXHIBIT "A"LEGAL DESCRIPTION

BEING ALL OF LOT NUMBER THREE (3), College Acres, as shown on plat filed in Map Book 7, Page 27, NewHanover County Registoy.

NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101264406. vl-8/15/19

Book 6242 Page 2063

TAMMY THEUSCHBEASLEY

Register of Deeds

1 jew Hanover Countyregister of Deeds

320 CHESTNUT ST SUITE 102 . WILMINGTON, NORTH CAROLINA 28401Telephone 910-798-4530 . Fax 910-798-7716

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State of North Carolina, County of NEW HANOVERFiled For Registration: 08/29/2019 04:08:40 PM

Book: RB 6242 Page: 2059-20635 PGS $726. 00

Real Property $26. 00Excise Tax $700. 00Recorder: ANDREA CRESWELL

Document No: 2019027833

DO NOT REMOVE!This certification sheet is a vital part of your recorded document. Please retain with original doaunent and subinitwhen re-reaording.

^.^y

Book 6242 Page 2054

I BK: RB 6242! PG: 2054-2058

RrcmDED:_ 2019027832S8-2?-201-9 . NEW..HANOVER CO'UNTY. NC N^ w^04:08:39 PM TAMNIVTHEUSCH'BEASLEY'

j ^SASN^CRESVVEI-L REGISTEROFOEE[S~REAL ESTATE

EXTO $2000.00

NORTH CAROLINA GENERAL WARRANTY DEEDExcise Tax: $2, 000. 00

Parcel Identifier No. R05508-005-011 and R05508-005-009

Mail/Boxto: Grantee

This instrument was prepared by: Stephen E. Klee, FOX ROTHSCHILD LLP, Post Office Box 21927, Greensboro, NC 27420Brief description for the Index:

THIS DEEDTHIS DEED 'day of August, 2019 by and between

GRANTOR GRANTEE

BENNETT RESIDENTIAL PROPERTIES, LLCA North Carolina limited liability company

COLLEGE ACRES REALTY LLCA North Carolina limited liability company

Address: 440 West Market Street, Greensboro, NC 27401

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,plwal, 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 bythese presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near theCity of Wilmington, New Hanover County, North Carolina and more particularly described as follows:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.

The property described herein does not include the primary residence of the Grantor.

The property hereinabove described was acquired by Grantor by instmment recorded in Book 2793 Page 723, New Hanover CountyRegistry.

A map showing the above described property is recorded in Plat Book 7, Page 27, New Hanover County Registry.p

NC Bar Association Form No, 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\10I263184. vI-8/15/I9

Book 6242 Page 2055

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in feesimple.

And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in feesimple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawfulclaims of all persons whomsoever, other than the following exceptions:

Restrictions, easements and rights of way of record, if any, and ad valorem taxes for the current year.

IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.

BENNETT RESIDENTIAL PROPERTIES, LLCa North Carolina limited liability company

By:Coimie L. Bennett, Managing Member

By: / ^if fM^&T^Dallie Bennett, Managing Member

STATE OF NORTH CAROLINANEW HANOVER COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or shesigned the foregoing document: (name of person signing).

Today's Date: ,20

[Notary's signature as name appears on seal]

[Notary's printed name as name appears on seal]

My commission expires: _, 20_

[Affix Seal]

NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101263184. vl-8/15/19

Book 6242 Page 2056

STATE OF NORTH CAROLINACOUNTY OF NEW HANOVER

I, a Notary Public of the County and State aforesaid, certify that Conme L. Bennett andDallie Bennett, personally came before me this day and acknowledged that they are ManagingMembers ofBennett Residential Properties, LLC, a North Carolina limited liability company andthat by authority duly given and as the act of the company, the foregoing instrument was signed mits name by its Managers.

Witness my hand and official stamp or seal, this day of August, 2019

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My commission expires:

Book 6242 Page 2057

EXHIBIT "A"LEGAL DESCRIPTION

BEING ALL OF LOT NUMBER ONE (1) AND FWE (5) College Acres, as shown on plat filed in Map Book 7,Page 27, New Hanover County Registry.

NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

ActiveM 01263184. v 1-8/15/19

Book 6242 Page 2058

TAMMY THEUSCHBEASLEY

Register of Deeds

1 ew Hanover CountyRegister of Deeds

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320 CHESTNUT ST SUITE 102 . WILMINGTON, NORTH CAROLINA 28401Telephone 910-798-4530 . Fax 910-798-7716 '<-^y

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State of North Carolina, County of NEW HANOVERFiled For Registration: 08/29/2019 04:08:39 PM

Book: RB 6242 Page: 2054-20585 PGS $2, 026. 00

Real Property $26. 00Excise Tax $2, 000. 00Recorder: ANDREA CRESWELL

Document No: 2019027832

. *******************************************

DO NOT REMOVE!This certification sheat is a vital part of your recorded document. Please retain with original docunan-b and submitwhen re-reaording.

^ ^^oo0 v

Book 6242 Page 2045

BK: RB 6242

&GOR2D015'2049

Sih. NEW.H^%MO°UNTY. NC" N^E$2^ssT-'1^^"^'"0ASSISTANT EXTX $1000.00

Excise Tax: $1000.00

NORTH CAROLINA SPECIAL WARRANTY DEED

County on the _ day of , 20_Parcel Idendfier No. R05508-005-012 Verified byBy:

MaiVBoxto: Grantee

This instrument was prepared by: Stephen E. Klee, FOX ROTHSCHILD LLP, Post Oflfice Box 21927, Greensboro, NC 274^u

Brief description for the Index:

THIS DEED made thi day of August, 2019 by and between

GRANTOR GRANTEE

C & D REAL ESTATE ASSOCIATES, LLC,A North Carolina limited liability company

COLLEGE ACRES REALTY LLCA North Carolina limited liability company

Address: 440 West Market Street, Greensboro, NC 2740]

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, then- hews, successors, and assigns, and shall include singular,pliiral, 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 bythese presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near theCity of Wilmington, New Hanover County, North Carolina and more particularly described as follows:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.

The property described herein does not include the primary residence of the Grantor.

NC Bar Association Form No. 6 © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Acrive\101257590. v2-8/27/l 9

Book 6242 Page 2046

The property hereinabove described was acquired by Grantor by instrument recorded in Book 4998, Page 674, Book 2841, Page 711and Book 2841, Page 717, New Hanover County Registry.

A map showing the above described property is recorded in Plat Book 7, Page 27, New Hanover County Registry.

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in feesimple.

And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor willwarrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the followingexceptions:

Restrictions, easements and rights of way of record, if any, and to ad valorem taxes for the current year.

IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.

C & D REAL ESTATE ASSOCIATES, LLCa North Carolina lim' d liability co pany

By:Carolyn ' gister,M

By:J J-i J. Horton, ̂ -anager

STATE OF U^JCOUNTy

I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or shesigned the foregoing document: Carolyn Register

Today's Date: ̂ ^&y 2^ , 20^\

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^'"' is^^ "^^fac ^ '^ %=

[Not igna e as name appears on seal]

^t2-ii5V1KJ^" ;r)(6^>[Notary's printed name as name appears on seal]

My commission expires: 20

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NC Bar Association Form No. 6 © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

ActiveM 01257590. v2-8/27/l 9

Book 6242 Page 2047

STATE OFCOUNTY

I certify that tiie following person(s) personally appeared before me this day, each acknowledging to me that he or shesigned the foregoing document: John J. Horton

Today's Date: A^^dST' '&] , 20^

^"^STW^^ ^^\ilv.c'.d

[affix seal]

'^^/

otary ignature as name appears on seal]

JjAr[Notary's printed name as name appears on seal]

My commission expires: 20 J4-

NC Bar Association Form No. 6 © I 977, 2002Fruited by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101257590. v2-8/27/19

Book 6242 Page 2048

EXHIBIT "A"LEGAL DESCRIPTION

Being a certain tract or parcel of land lying in the City of Wilmington, 'Wilmington Township, New HanoverCounty, State of North Carolina as shown on a map entided "CoUege Acres" and recorded in Map Book 7 at Page27; Said parcel being part of an unnamed lot, and more pardcularly described as foUows:

'Beginning at an iron pipe found on the southern Right of Way of College Acres Drive, a 60' foot right of way, beingthe northeast corner of DP Properdes, as recorded in deed book 5946 page 1425, and being the northwest comer ofpart of unnamed lot; The parcel herein described as follows:

Thence along the southern right of way of College Acres Drive, S 60°27'03" E a distance of 125.55';

Thence along the northwest line ofBennett Residential Prop LLC, as recorded in deed book 2793 page 723,S29°29'33" W a distance of 200.00';

Thence along the northern Une of State ofNC, N 60°27'03" W a distance of 125.75';

Thence along the southeast line of DP Properties ofNC LLC as recorded on deed book 5946 page 1425, N29°32'57" E a distance of 200.00' to the point of beginning,

Having an area of 25130. 77 square feet, 0. 577 Acres more or less, as shown on survey endded " Boundary SurveyCollages at College Acres" by Christopher James Gagne, PLS, Paramounte Engineering, dated August 16, 2019,having job no, ; 18293PE,

NC Bar Association Form No. 6 © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101257590. v2-8/29/19

Book 6242 Page 2049

TAMMY THEUSCHBEASLEY

Register of Deeds

ew Hanover Countyregister of Deeds

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320 CHESTNUT ST SUITE 102 . WILMINGTON, NORTH CAROLINA 28401Telephone 910-798-4530 . Fax 910-798-7716

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State of North Carolina, County of NEW HANOVERFiled For Registration: 08/29/2019 04:08:37 PM

Book: RB 6242 Page: 2045-20495 PGS $1, 026. 00

Real Property $26. 00Excise Tax $1, 000. 00Recorder: ANDKEA CRESWELL

Document No: 2019027830

************************************************************************************************************

DO NOT REMOVE!This certification sheet is a vital part of your recorded document. Please retain with original dociiment and submitwhen re-recording.

^ ^^°'

Book 6242 Page 2045

BK: RB 6242PG1_204S. 2049

sss^. "N%"?^"ci»T<«c" . ".SS.;"

aJ:^SS;2;'NC III!EXTX $1000. 00

Excise Tax: $1000.00

NORTH CAROLmA SPECIAL WARRANTY DEED

County on the _ day ofParcel Identifier No. R05508-005-012 Verified byBy:

MaiVBoxto: Grantee

This instrument was prepared by: Stephen E. Klee, FOX ROTHSCHILD LLP, Post OflRce Box 21927, Greensboro, NC 27420

Brief description for the Index:

GRANTEE

THIS DEED made W^/l' day of August, 2019 by and between

GRANTOR

C & D REAL ESTATE ASSOCIATES, LLC,A North Carolina limited liability company

COLLEGE ACRES REALTY LLCA North Carolina limited liability company

Address: 440 West Market Street, Greensboro, NC 27401

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 bythese presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near theCity of Wilmington, New Hanover County, North Carolina and more particularly described as follows:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.

The property described herein does not include the primary residence of the Grantor.

NC Bar Association Form No. 6 © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101257590. v2-8/27/19

Book 6242 Page 2046

The property hereinabove described was acquired by Grantor by instrument recorded in Book 4998, Page 674, Book 2841, Page 711and Book 2841, Page 717, New Hanover County Registry.

A map showing the above described property is recorded in Plat Book 7, Page 27, New Hanover County Registry.

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in feesimple.

And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor willwarrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the followingexceptions:

Restrictions, easements and rights of way of record, if any, and to ad valorem taxes for the current year.

IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.

C & D REAL ESTATE ASSOCIATES, LLCa North Carolina lim' d liability co pany

By:Caroly /* agister,M

ByJ. Horton, ; anager

STATE OF UKjCOUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or shesigned the foregoing document: Carolyn Register

Today's Date: J^^S^ 2^ . 20_lcl

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[Not igna e as name appears on seal]

Y^^t^-^\^[Notary's printed name as name appears on seal]

My commission expires: 20_^-j_

NC Bar Association Fonn No. 6 © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\10I257590. v2-8/27/19

Book 6242 Page 2047

STATE OFCOUNTY

I certify that fhe following person(s) personally appeared before me this day, each acknowledging to me that he or shesigned the foregoing document: John J. Horton

Today's Date: ̂ J&idST" ̂ 7 . 20-^

>«<"nl'.'."^^s^'^^ ^^\li ̂ uc' .d

[afifix seal] ".^^,^

otary ignature as name appears on seal]

\^[Notary's prmted name as name appears on seal]

My commission expires: 20^i_

NC Bar Association Form No. 6 © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

ActiveM 01257590. V2-8/27/19

Book 6242 Page 2048

EXHIBIT "A"LEGAL DESCRIPTION

Being a certain tract or parcel of land lying in the City of Wilmington, 'Wilmington Township, New HanoverCounty, State of North Carolina as shown on a map endded "College Acres" and recorded in Map Book 7 at Page27; Said parcel being part of an unnamed lot, and more particularly described as foUows:

'Beginning at an iron pipe found on the southern Right of Way of College Acres Drive, a 60' foot right of way, beingthe northeast corner of DP Properdes, as recorded in deed book 5946 page 1425, and bdng the northwest corner ofpart of unnamed lot; The parcel herein described as foUows:

Thence along the southern right of way of College Acres Drive, S 60°27'03" E a distance of 125.55';

Thence along the northwest line ofBennett Residential Prop LLC, as recorded in deed book 2793 page 723, S29°29'33" W a distance of 200.00';

Thence along the northern Une of State ofNC, N 60°27'03" W a distance of 125.75';

Thence along the southeast line of DP Properdes ofNC LLC as recorded on deed book 5946 page 1425, N29°32'57" E a distance of 200.00' to the point of beginning,

Having an area of 25130. 77 square feet, 0, 577 Acres more or less, as shown on survey endded " Boundary SurveyCollages at College Acres" by Christopher James Gagne, PLS, Paramounte Engineering, dated August 16, 2019,having job no. ; 18293PE.

NC Bar Association Form No. 6 © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101257590. v2-8/29/19

Book 6242 Page 2049

TAMMY THEUSCHBEASLEY

Register of Deeds

ew Hanover Countyregister of Deeds

320 CHESTNUT ST SUITE 102 . WILMINGTON, NORTH CAROLINA 28401Telephone 910-798-4530 . Fax 910-798-7716

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State of North Carolina, County of NEW HANOVERFiled For Registration: 08/29/2019 04:08:37 PM

Book: RB 6242 Page: 2045-20495 PGS $1, 026. 00

Real Property $26. 00Excise Tax $1, 000. 00Recorder: ANDREA CRESWELL

Document No: 2019027830

************************************************************************************************************

DO NOT REMOVE!This certification sheet is a vital part of your recorded document. Please retain with original document and submitwhen ra-recording.

Book 6242 Page 2050

^^w

BK: RB 6242PG:_2050-20535ECORDED. - 201902783108'2?:201?. NEW. HA.NOVERCOUNTY, NC N^S2F8 ^94:P.8;38.PM_, TAMMY THEUSCH'BEASLEY""' ^'E^BYLANDREA CRESWELL REGISTER OF DEEDSASSISTANT

NC FEE $28. 00

Exrxiaoo.oo

Excise Tax: $800.00

NORTH CAROLINA SPECIAL WARRANTY DEED

County on the _ day ofParcel Identifier No. R05508-005-008 Verified by County on the_day of 20_By:

Mail/Boxto: Grantee

This instrument was prepared by: Stephen E. Klee, FOX ROTHSCHILD LLP, Post Office Box 21927, Greensboro, NC 27420

Brief description for the Index:

SDEEDmadethisa^ycTHIS DEED made this O^l'day of August, 2019 by and between

GRANTOR GRANTEE

RONNIE JAMES PARKER, Trusteeof the Trust for the benefit of

Mackie Wayne Faircloth establishedunder Article VI of the Last Will and Testament

of Hubert Reginald Faircloth dated July 23, 2003

COLLEGE ACRES REALTY LLCA North Carolina limited liability company

Address: 440 West Market Street, Greensboro, NC 27401

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 bythese presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near theCity of Wilmington, New Hanover County, North Carolina and more particularly described as follows:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.

The property described herein does not mclude the primary residence of the Grantor.

NC Bar Association Form No. 6 © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101238483. vl-8/15/19

Book 6242 Page 2051

The property hereinabove described was acquired by Grantor by instrument recorded in Book 3391, Page 384 New Hanover CountyRegistry and Estate File 05E1 145, New Hanover County Clerk of Court.

A map showing the above described property is recorded in Plat Book 7, Page 27, New Hanover County Registry.

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in feesimple.

And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor willwarrant and defend the title against the lawful clauns of all persons claiming by, under or through Grantor, other than the followingexceptions:

Restrictions, easements and rights of way of record, if any, and to ad valorem taxes for the current year.

IN WITNESS WHEREOF, the Grantor has duly exec foregoing as of the and year first above written.

-rNNIEJA ES PARKER, Trustee

of the Trust for the benefit of

Mackie Wayne Faircloth establishedunder Article VI of the Last Will and Testamentof Hubert Reginald Faircloth dated July 23, 2003

STATEOUNTY

^c

I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or shesigned the foregoing document: Ronnie James Parker, Trustee

Today's Date: J^^LJST l^ . 20^[Notary s re as name appears on seal]

ttll"»»»^

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[.fflxsea^""6'-10^^°^co^'%^R c°y

'^'ii'initt^

otary's printed name as name appears on seal]

My commission expires: 20 ZJ

NC Bar Association Form No. 6 © 1 977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\l01238483. vl-8/15/19

Book 6242 Page 2052

EXHIBIT "A"LEGAL DESCRIPTION

BEGINNING at apoint in the southern line of College Drive that is South 56 degrees 41 minutes East 700 feet froma point where said line is intersected by the eastern line of North Carolina Highway 1 32, said beginning point beingthe northwestern comer of Lot 7, College Acres; running thence South 56 degrees 41 minutes East with the southernIme of College Drive 150 feet; thence South 33 degrees 19 minutes West 200 feet to a point in the line of theWilmington College tract; thence North 56 degrees 41 minutes West with said line 150 feet to the southwesterncomer of Lot 7, College Acres; thence North 33 degrees 19 minutes East with the western line of Lot 7, 200 feet tothe point of BEGINNING. The same being all of Lot 7 and the western one-halfofLot 9 as shown on a map ofCollege Acres dated July 1960, by H.M. Loughlin, Registered Land Surveyor, and recorded in Map Book 7, Page27, New Hanover County Registi-y.

NC Bar Association Form No. 6 © 1977, 2002Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company

Active\101238483. vl-8/15/19

Book 6242 Page 2053

TAMMY THEUSCHBEASLEY

Register of Deeds

l^Tew Hanover CountyRegister of Deeds

^\

320 CHESTNUT ST SUITE 102 . WILMINGTON, NORTH CAROLINA 28401Telephone 910-798-4530 . Fax 910-798-7716

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State of North Carolina, County of NEW HANOVERFiled For Registration: 08/29/2019 04:08:38 PM

Book: RB 6242 Page: 2050-20534 PGS $826. 00

Real Property $26. 00Excise Tax $800. 00Recorder: ANDREA CRESWELL

Document No: 2019027831

************************************************************************************************************

DO NOT REMOVE!This certification sheet is a vital part of your recorded document. Please retain with original document and submitwhen ra-recording.

^'^

Book 6378 Page 1101

^

\^0"

WFEE^6-°°STATE OF NC

^REALESTATEEXTXSIOOO. OO

County on the _ day of

NORTH CAROLHSTA GENERAL WARRANTY DEEDExcise Tax: $1,000.00

Parcel Identifier No. R05508-002-01 1 -000 Verified byBy:

MaiVBoxto: .

This iastmmeat was prepared by: Fuss Law Fir PC

Brief description for the Index: LOT18&18A Colle e Acres

THIS DEED made this _ /3*^k-' day of _f\ OL<^L. b&^-GRANTOR

Robert B. Hyman, and wife

, 20_

Maria Madalena Pereira DaSilva

, 2020 . by and between

GRANTEE

COLLEGE ACRES REALTYII^LLCa North Carolina limitedliability company

Mailing Address:440 W Market StreetGreensboro, NC 27401

Enter ia appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of endty, e. g.corporation or partnership.

The designation Grautor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singiilar,plural, masculine, feminine or neuter as required by context.

WITNESSETH, that the Grantor, for a valuable consideration paid by the Graatee, the receipt of which is hereby acknowledged, has and bythese presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unitsitiiated in Ae City of Wilmin on Township, New Hanover County,North Carolina and more particularly described as follows:

See Exhibit "A" attached hereto and incorporated by reference.

The property hereinabove described was acquired by Grantor by instrument recorded ia Book 5716 page 316All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor.

7 naee 27-28A map showing the above descnbed property is recorded in Plat Book

Page 1 of 2

page

NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002, 2013Printed by Agreement with the NC Bar Association - 198 1 Return to

Murchisoa, Taylor & Gibson, PLLC

This standard form has been approved by:North Carolina Bar Associadon - NC Bar Form No. 3

Book 6378 Page 1102

aree,

simple,

And the 'Grantor cov. euwts wi.th the Grarifee, rliajt Graihcby is s.eizea.o.f che pEemses in fe.e simple, has the. righi to cony'ey [he'sam:? u) feesimple., thaif title is marptable and;free;and clear ofaUencuhlfc!ranees,.;and. tljAfQfiintpr. will waiTant, and, .defend; the title against the lawftil

e.Sis.ements, and .restri. iif.&RS of record; 2020 ad valorem taxes..,

IN WFTNESS WHEREOF, the Grantor has .duly executed the. foregoing:as of ttie day ap e- fir ab.ovev ' n.

By:;

Print/'Fype. Name &. T^tle:

By:Prifit/TypeName &. Titte

By:Pi-intH^pe Name & Title;

(Entity JtS'ame)SEAL

Erint/rTyps ame: Robert B. . ' n

'S hJtyi ̂ VtQSj^j^^^ Yos^SMtsi f^s. c"Print/Type. Name: Maria Miafl?|lp!na ffprftim naSilvfl

'Priat/Type NaBaei

PrintCType Name:

SEAL

SEAL'

State of. North Carolina . -County or City .of New »." .. °-I, flie undej-sighed Notary .public of the County or G.ty af New HRnnver. _ and State aforesaid, certify that

Robert.B. '.H .man and. s ouse.Maria Madalena Pereira r . pRK.QDially.apReared beforei..methis day and aG.knoy/ledged thschie.l^ t ^ . f^ , ^ A^L\\ it f f ^ ..Vt"» .if" l^ I^V.. tj i" I ^^^ 1.

exeaai'c

Octoberi'qa qf the foregolng'instny^ei^ffor the purpos^'&^ii^x^Sj^ecj. Witness my h 'd and. Note stamp or se.al this f r^_day of:ober' '-1,.20_^ ' >^^/^ ' '-

My- CQiimu.ssipn ̂ xp. ires:' tC.. '/. -1 j-1 .-(AffecSeal) ~ °" ' l( ^°ft^. ^ .NoKiQ-'s. Pnnte.. ^ y edi ame

Notary Public

State: of North Carolina , - Coiinty or IQ'OCF-

I, the undersigned Notary Public of the Cioun^/6i?fGi^f^fiu' HaTirt\'fr 'and St9C.ei;afQr. esaid^certity thatpersonaUy appeared befor&me this day and aeknoyvledged tiiffduo

sxectilifia df'Aie fojre-gsfag instnitii&nt f6i-, fhe:pui^<3Se's tiiei-eib &x.pfessed; Wl'tniess myhand and NStarial stamp or seal this_dayef,20_.

My Commission Expires:(Affix:Seal).

Stacei of. -Counfy or City ofI, theuudersi'gned Notaiy'Public of'the County or City of -

Notary's Printed or'Typed NameNotary Publie

_he is the of

and State aforesaid,, cerii^? ffiatpersonally came .before me this -day and acknowledged, that

., a North .Carolina, or

:"c6rporatioaflimited-iiability colnpany/gsneral partnership/limlted .partnership fstnke:du:ough'the.iDapplicable), ana that by authority duly given and a's the act of such eririty, _he 'signed Ae foregoing itlstrumisnt in its name on itsbehalf .3'i its .act and deed. W.itn.ess my hand and. Nptanal staiTijp 8r sfiat, this _.day 'of , 20.

My Commission Expires:(Affix. SeaI) .Nofaiy's Printed or-Typed Name

Notary Pyblie

NC Bar AsSOaatibaFcirmNo. 3 ©' l97Mwised'. © 1977, 2002, 2&'t'3'Prinicd by Agriasmcnt with. ili'e.NG Bar Association -1981

Pagu*2of2This standard fdi-m has been approvea" By:

North Caiolina Bar Association - NC Bar Form No. 3

Book 6378 Page 1103

EXHIBIT "A"

Tract 1:

BEING all of Lot 18 College Acres as the same is shown on map thereof recorded in Map Book7 at Pages 27-28 New Hanover County Registry, reference to which is hereby made for a moreparticular description.

Tract 2:

BEDSTG all of Lot 1 8A according to a map which is recorded in Book 896 Page 481, said mapbeing attached to a deed recorded in Book 896 Page 480 New Hanover County Registry.

Book 6378 Page 1104

TAMMY THEUSCHBEASLEY

Register of Deeds

1 ew Hanover CountyRegister of Deeds

320 CHESTNUT ST SUITE 102 . WILMINGTON, NORTH CAROLINA 28401Telephone 910-798-4530 . Fax 910-798-7716

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*******************************************1

State of North Carolina, County of NEW HANOVERFiled For Registration: 11/13/2020 12:37:24 PM

Book: BB 6378 Page: 1101-11044 PGS $1, 026. 00

Real Property $26. 00Excise Tax $1, 000. 00Recorder: SAMANTHA SPEAKER

Document No: 2020048215

A*************************!

DO NOT REMOVE!This certification sheet is a vital pact of your recorded document. Please retain with original document and subnitwhen ae-recording.

Cottages at College Acres 1

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COLLEGE-^.^'

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CAMPUS

VICINITl' MAPSCALE: 1"= 1, 000'

\7NO TH

CAPE FEAR PUBLIC UTILITY AUTHORITYRATES AND FEES SCHEDULE FY 20-21

Rates and Fees Rates and Fees

Effective ll/U/19 Effective 7/1/20 Ordinance Reference

WATER RATES & FEESWater rates include both a fixed meter charge based on meter size and consumption charge based on meteredconsumption, billed bi-monthly (every two months).

A. Fixed Meter Charge by Meter Sire*

5/8"1" (Single-Family Residential with fire sprinkler system)1"

11/2"2"

3"

4"

6"

;8"

10"

12"

:* Fixed Meter Charge is not applied to Irrigation Meters if a separate Water Meter exists.

B. Consumption Charge (per 1, 000 gallons)**

** Single-Famjly Residential is serviced by one domestic meter

C. Availability Charge for unconnected 5/8" water service; Availability Charge for larger meters based on meter size

D. Bulk Water Rates

Bulk Water Resale Rats (per 1,000 gallons)

Bulk Reclaimed Water In-Serolce Area Rate (per 1,000 gallons)

Bulk Reclaimed Water Deposit In-Seivlce Area Rate **.

Bulk Reclaimed Water Out-of-Service Area Rate (per 1,000 gallons)

Bulk Reclaimed Water Deposit Out-of-Service Area Rate***

*** Greater of 3 months estimated usage or the minimum

E. Water Service Connection Fee*.Service Line Connection Fee by Service Size

1" Service

2" Service

$

$

$

$

$$

$

$

$

$

s

BI-Monthly

27.56

27.56

68. 90

137. 80

220.48

413. 40

G89. 00

1.378.00

2, 204. 80

3,445. 00

4, 134. 00

$

$

$

$

$

$

$

s

$

$

$

Bi-Monthly

27. 56

27. 56

68. 20

137. 80

220. 48

413. 40

689. 00

1, 378. 00

2, 204. 80

3,445.00

4, 134. 00

S 4.02 S 4.02

BI-Monthly BI-Monthly

$ 27.56 $ 27.56

$ 3.48 $ 3.48

$ 2. 55 $ 2.55

$100 minimum $100 minimum$ 3. 19 S 3. 19

$125 minimum ; $125 minimum

$ 1, 850. 00 $ 1, 850. 00

$ 2, 300. 00 $ 2, 300. 00

Sec. 1-97 (1) f

Sec. 1-97 (1) f

Sec. 1-97 (1) f

Sec. 1-97 (1) f

Sec. 1-97 (1) f

Sec. 1-97 |1) fSec. 1-97 (1) f

Sec. 1-97 (1) f

Sec. 1-97 (1) fSec. 1-97 (1) f

Sec. 1-97 (1) f

Sec. 1-37 (1) c

Sec. 1-97 (11 a

Sec. 1-97 (1) bSec. 1-97 (1) bSec. 1-97 (1) bSec. 1-97 (1) bSec. 1-97 (l)b

Sec. 1-97 (2) a; Sec. 1-S c

Sec. 1-97 (2) a; Sec. 1-5 c

Inspection Fee for Developer-tnstalled ConnectionInspection Fee for Developer-lnstalled Connection (After hours - Minimum of 2 hours)

f. Meter Set Fee by Meter She (includes labor and materials). 5/8"5/8" Split Service1"

11/2";2"

G. System Development Charges

Water by Meter Size

5/8"1" (Single-Family Residential with fire sprinkler system)

1"

11/2".2"

3"

4"

s". 8"

10"

?

$

$

$

$

$

$

$

$

$

$

s

$

$

s

$

S5.00

$75/hour

250. 00

375. 00

350.BO

1, 600. 00

1, 800. 00

1,880.00

1,880. 00

4, 700. n0

9,400. 00

15,040.00

28, 200. 00

47, 000. 00

94, 000. 00150, 400. 00

235, 000. 00

5

$

$

$

$

$

$

s

$

$

$

s

$

5

$

$

55.00

$75/hour

250. 00

375. 00

350.00

1, 600. 00

1, 800. 00

1.S20.00

1,920,00

4,800.00

9, 600.00

15,360.00

28,800.00

48,000.00

96.000.00

153,600.00

240,000.00

Sec. 1-97 (2) b; Sec. 1-6 a

Sac. 1-97 (2) b; Sec. 1-6 a

Sec. 1-97 (2) c; Sec. 1-5 c

Sac. 1-97 (2) c, Sec. 1-5 c

Sec. 1-97 (2| c; Sec. 1-5 c

Sec. 1-97 (2) c; Sec. 1-5 c

Sec. 1-97 (2)c; Sec. 1-5 c

Sec. 4-27 (a)

Sec. 1-97 (2) d

Sec. 1-97 (2) d

Sec. 1-97 (2) d

Sec. 1-97 (2) d

Sec. 1-S7 (2) d

Sec. 1-97 (2) dSec. 1-97 (2) d

Sec. 1-97 (2) d

Sec. 1-97 (2) d

Sec. 1-97 (2) d

Shell Buildings Alternative Fee Calculation - former NHC Water & Sewer District. Fees base on class of use & ISA NCAC02T.0114 - Design Flow Rates

Water Development Charge (minimum $1,348.00 = 400 gallons)

H. Special Use of Water

Water Rates include both a fixed meter charge as referenced in Section A based on meter size or backflow preventer size,

whichever is less, plus consumption charge based on metered consumption as referenced in Section B, billed bi-monthly(every two months).

Fixed Meter Charge by Size

5/8":3/4"1"

11/2". 2"3"

.4"

Lost or stolen special use sign

$3.37pergalbn $3.37 pergallon

$

$

$

$

$

$

$

Initial Fee

31. 00

35. 00

45. 00

56. 00

96. 00

165.00

254. 00

$

$

$

$

$

s

?

Initial Fee

31. 00

35. 00

4S. OO

56. 00

96. 00

165.00

254. 00

Sec. 1-97 (2) d

50.00 $

Sec. 1-97 (3) gSec. 1-37 (3) e

Sec. 1-97 (3) gSee. 1-97 (3) eSec. 1-97 (3) eSec. 1-97 (3) g

Sec. 1-97 Ole

Sec. 1-97 (3) e

I. Water Quality Fees

Inspection Fees Backflow AssemblyInitial inspection No Charge No Charge Sec. 1-97 (2) b

CAPE FEAR PUBLIC UTILITY AUTHORITYRATES AND FEES SCHEDULE FY 20-21

'Subsequent inspections

J. Fire Line Service

Fixed Fire Line Chaise by Size2"

3"

4"

10"

12"

Rates and Fees Rates and Fees

Effective 11/13/19 Effective 7/1/20

$ S5. 00 $ 55. 00

$

$

$

$

$

$

$

20.00

30. 00

40. 00

80.00

140. 00

220. 00

320.00

$

$

$

$

$

s

$

BI-Monthly

20.00

30.00

40.00

80.00

140. 00

220. 00

320.00

Ordinance Reference

Sec. 1-97 (2) b

Sec. 1-97 (1) eSec. 1-97 |1) eSec. 1-97 (1) aSec. 1-97 (1) e

Sec. 1-97 (1) eSec. 1-97 (1) e

Sec. 1.97 (1) e

SEWER RATES & FEESjSewer rates include both a fixed meter charge based on meter size and consumption charge based on mete redconsumption, billed bi-monthly (every two months).

A. Fixed MeterCharge by MeterSIie5/8"

. 1" (Single-Famlly Residential with flre sprinkler system)1"

11/2"2"

3"

4"

6"

10"

$

$

$

$

$

$

$

$

$

$

$

BI-Monthly

29.10

29.10

72.75

145.50

232. 80

436. 50

727. 50

1,455. 00

2, 328. 00

3, 637. 50

4, 365. 00

s

$

$

$

$

$

$

s

$

$

$

BI-Monthly29. 10

29. 10

72. 7S

145. 50

232.80

436. 50

727. 50

1,455. 00

2,328.003. 637. 50

4,365.00

Sec. 1-97 (1) I; Sec. 1-7S

Sec. 1-97 (1) I; Sec. 1-75

Sec. 1-97 (1) f; Sec. 1-75

Sec. 1-97 (1) f; SBC. 1-75

Sec. 1-97 (1) f; See. 1-7S

Sec. 1-97 (1| f; Sec. 1-75

Sec. 1-97 (1) f; SBC. 1-75

Sec. 1-97 (1) f; SBC. 1-75

Sec. 1-97 (1) f; Sec. 1-75

Sec. 1-97 (l)f; Sec. 1-75Sec. 1-97 (1) f; Sec. 1-75

B. Consumption Charge (per 1,000 gallons) See Notes 1, 2,3,4

Note I Single-Family Residential metered consumption capped at 30,000 gallons per bi-monthly billingSingle Family Residential non-metered consumption based on the average residential consumption plus

Note 2 the fixed metered charge for a 5/8" meter

Note 3 Nonresidential non metered consumption capped at 24, 000 gallons per bimonthly billing

Note 4 Nocapfornon-residentialmetered consumptionNote 5 . Single-Family Residential Is serviced by one domestic meter

C. Availability Charge for unconnected 5/8" sewer service; Avaflabflity Charge for larger meters based on meter slie

D. Bulk Wastewater Collection and Treatement Rate (per 1,000 gallons)

E. Sewer Service Connection Fee

Installation Fee by Service Size4"Seroice

6"SBr»ice

Inspection Fee forOeveloper-lnstalled Connection

Inspection Fee for Developer-lnstalled Connection (After hours - Minimum of 2 hours)

F. System Development ChargesSewer by Meter Size

5/8"1" (Single-Family Residential with fire sprinkler system)1"

11/2"2"

3"

4"

Unmetered service (sewer only)

4. 63 $

BI-Monthly Bi-Monthly$ 29. 10 $ 29. 10

$3. 34

1, 930. 00

1,930.00

4, 825. 00 $9, 650. 00 $

15, 440. 00 S

28,950.00 ; $48, 250. 00 $

96, 500. 00 $

154, 400. 00 $

241,250.00 $

$10/gallonprojected flow

S3.34,

s

$

$

2, 200. 00

2, 800. 00

55. 00

$75/hour

$

$

$

2,200.00

2,800.00

55. 00

$75/hour

2, 070. 00

2, 070. 00

5. 175.00

10.350.00

16, 560. 00

31.050.00

51.750.00

103.500.00

165,600.00

258.7SO.OO

SlO/gallonprojected flow

Sec. 1-97 (1) c; Sec. 1-75

Sec. 1-97 (1) c; Sec. 1-75

Sec. 1-97 (1) g; Sac. 1-75

Sec. 1-97 (l)g; Sec. 1-75

Sec. 1-97 (1) c; Sec. 1-75

Sec. 1-97(1) a

Sec. 1-97 (1) b

Sec. 1-97 (2|a;Sec. 1-5 c

Sec. 1-97 (2) a; Sec. 1-5 c

Sec. 1-97 (2) b; Sec. 1-6 a

Sec. 1-97 (21b. Sec. l-6a

See. 4-17 (a)

Sec. 1-97 (2) dSec. 1-97 (2) d

Sec. 1-97 (2) dSec. 1-97 (2) d

Sec. 1-97 (2) dSec. 1-97 (2| d

Sec. 1-97 (2) d

Sec. 1.97 (2) dSec. 1-97 (2) dSec. 1-97 (2) d

Sec. 1-97 (2) d

Shell Buildings Alternative Fee Calculation - former NHC Water & Sewer District. Fees base on class of use & ISA NCAC02T 0114 . Design Flow Rates

Sewer Impact Fee (minimum $2,103.90 = 300 gallons)Sewer Development Charige

G. Development Capacity Fees

Chair Road Associates - Regional Lift Station (PS #157} and Northwest Forcemain Improvements

Chair Road Associates - Regional Lift Station (PS 11157) OnlyCFPUA Cost Recovery - Northwest Forcemaln Improvements Only

Kirkland Sewer Project Capacity Fee

$7.013 pergallonSl.SOpergallon

$7.013 per gallon$1.50 per gallon

$5. 60 per gpd N/A

$1. 43 per gpd $1. 50 per gpd

N/A $3. 96 per epd

$2. 71 per epd $2. 71 per gpd

Sec. 1-97 |2) dSec. 1-97 (2) d

Per Contract

Per Contract

Sec. 4-4 (c)

Per Contract

H. Grinder Pump Fees

Residential grinder pump fee, bi monthly

Developer grinder pump fee per platted lot

N/A

N/A

$30. 00

$300. 00

CAPE FEAR PUBLIC UTILITY AUTHORITYRATES AND FEES SCHEDULE FY 20-21

3 Wastewater Pretreatment

Rates and Fees Rates and Fees

Effective 11/13/19 Effective 7/1/20 Ordinance Reference

A. Discharge Permit Applications and Annual Fees;

Significant Industrial Users, Industrial Users flow > 15,000 gallons/day. Initial and Annual Permit

Modification of Permit (each occurrence)

Restoration of Revoked Perm ft (each occurrence)

:MonitoringFee

Enforcement Cost Recovery

B. Other Wastewater Permits

Flow Less than 1,000 gallons/day (initial and annual]Flow Between 1,000 and 7,500 gallons/day (initial and annual)Flow Between 7.501 and 15,000 gallons/day (Initial and annual)

Monitoring Fee

Food Service Establishment Permit and Annual Inspection Fee (per location)

Grease Interceptor Pumping Variance (each occurrence)

Enforcement Cost Recovery

Restoration Fee of Revoked Other Wastewater Permit (each occurrence]Residuals permit application fee (initial and renewals)

C. Pretreatment Wastewater Treatment SurchargesSurcharge for BOD (per 100 Ibs; when BOD>200me/L and COO < 3x BOD)****Surcharge for COD (per 100 Ibs; whenCOD>600mg/L and >/=3xBOD)****Surcharge Tor TSS (per 100 Ibs; when TSS >200mg/l)**** Surcharge is assessed for either BOD or COD, but not both.

D. Charges for Septage Haulersin-Service Area Rate (per gallon)Out-of-Service Area Rate (per gallon)

. Utility Deposit

E. Charges for n/llscellaneous Hauled Wastewater Fees {subject to applicable surcharges), Short-Term Permit

Per gallon Within Service Area

Per gallon Out-of-Sen/ice Area

Long-Term Permit

One Time System Development Charge In accordance with Fee Schedule and specified in permit.

Long-Term Permit Monthly Consumption Charge (per 1,000 gallons)

Long-Term Permit Monthly Fixed Meter Charge by Meter Slze/Flow:

5/8" (Flow between 0-28, 800 epd)

1" (Flow between 28, 801-72, 000 gpd)

11/2" (Flow between 72, 001-144, 000 gpd)

2" (Flaw between 144, 001-230, 400 gpd)

3" (Flow between 230, 401-460, 800 gpd)

4" (Flow between 460, 801-720, 000 gpd)

' 6" (Flow between 720,001-1,-140,000 gpd)8" (Flow between 1,440, 001-2, 304, 000 gpd)

10" (Flow between 2, 304, 001-3, 312, 000 gpd)

: 12" (Flow > 3, 312, 001 gpd)

F. Processing Charge for Haulers of Non-Hazardous Wastewater Treatment Plant (W^A^'P) Residuals as delivered to a

designated CFPUA WWTP (Per Pound Total Solids Dr» Weight Basis as Dellvered/Recelved)Unstabillzed/LessThan Class B Residuals In-Servlce Area Rate

Stabilized/Equal to or Better Than Class B Residuals (n-Sen/ice Area RateUnstabilized/Less Than Class B Residuals Out-of-Service Area Rate

Stablllzed/Equal to or Better Than Class B Residuals Out-of. Servlce Area Rate

$

$

$

$

$

$

$

s

$

$

$

$

750. 00

200. 00

1, 500. 00

Individually

determined

Individuallydetermined

100.00

200.00

300. 00

Individuallydetermined

100. 00

220.0B

Individuallydetermined

2x permit fee100. 00

Monthly

36.00

36.00

21.00

$

$

$

$

$

$

$

$.

$

$

$

$

750.00

200.00

l. SOO. OO

Individuallydetermined

Individuallydetermined

100. 00

200. 00

300. 00

Individuallydetermined

100.00

220.00

Individually

determined

2x perm Ft fee

100. 00

Monthly36. 00

36. 00

21. 00

Sec. 5-58: Sec. 5-91 (b)

Sec. 5-58: Sec. 5-91 (b)Sec. 5-58: Sec. 5-91 (b)

Sec. 5-58

Sec. 1-97 (3) ]; See. 5-58

Sec. 5-58: Sec. 5-91 (a)Sec. 5-58;Sec. 5-91(a)Sac. 5-58: Sec. 5-91 (a)

Sec. 5-58

Sec. 5-58: Sec. 5-91 (a)

Sec. 5-58

Sec. 1-97 (3) 1; See. 5-58Sec. 1-97 (1) d; Sec. 5-58

Sec. 5-58

Sec. 1-97 (1) d; Sec. 5-57

Sec. 1-97 (1) d; Sec. 5-57

SBC. 1-97 (1| d; Sec. 5-S7

Monthly MonthlyS 0. 1378 $ 0. 1378$ 0. 1723 $ 0. 1723

$ 500.00 $ 500.00

Sec. 1-97 (1) b; Sec. S-33Sec. 1-97 (1) b; Sec. 5-33

Sec. 1-6

$

$

IWonthly

0.030

0.060

$

$

Monthly0. 030

0. 060

Sec. 1-97 (1) b; Sec. 5-33Sec. 1-97 [1| b; Sec. 5-33

Sec. 1-97 (2)d; Sec. 5-58

s

s

$

$

$

$

$

s

$

$

s

s

$

$

$

Monthly4. 63

29.10

72.75

145.50

232.80

436. 50

727. 50

1,455. 00

2, 328. 00

3, 637. 50

4, 365. 00

Monthly0.8020

O. S015

1.0025

0.7519

$

$

s

$

$

s

$

$

$

$

$

$

$

$

$

Monthly4. 63

29. 10

72. 75

145. 50

232. 80

436. 50

727.50

1,455. 00

2, 328. 00

3,637.50

4, 365. 00

Monthly0.8020

0,6015

1.0025

0.7519

See. 1-97 (1| c; Sec. 5-58

Sec. 1-97 (1| f; Sec. 5-58

Sec. 1-97 (1) f; Sec. 5-58

Sec. 1-97 (1) f; Sec. 5-58

Sec. 1-97 (1| f; Sec. 5-58

See. 1-97 (1) f; Sec. 5-58

Sec. 1-97 (1| f; Sec. S-58

Sec. 1-97 (l)f; Sec. 5-58

Sec. 1-97 (1) f; See. 5-58

Sec. 1-97 (1| f; Sec. 5-58

Sec. 1-97 (1) f; Sec. 5-58

Sec. 1-97 (1) b; Sec. 5-33Sec. 1-97 (1) b; Sec. 5-33

Sec. 1-97 (1) b; Sec. 5-33

Sec. 1-97 (1) b; Sec. S-33

4 Penalties

A. Tampering Violations

^Unauthorized non-metered use of water (greater of 30, 000 gallons consumption or the highest billed

consumption in the past 24 months)Unauthorizad non-metered use of sewer (capped at 30, 000 gallons consumption)

. Cut Lock Fee

Unauthorized turn on or turn off water supplied by AuthorityMeter Obstruction Fee

System Tamperine Civil Action Violation, In accordance with N.C. G. S. 14-151(e)

Violation of Cross Connection Control Ordinance

$120. 60 minimum

$138. 90

$75. 00

$55. 00

S5S.OO

Triple the amountof losses a nd

damages sustained

by the Authority ar$5000, whichever is

greater

Up to $l, 000/day

$120. 60 minimum

$138. 90

$75. 00

$55. 00

$55. 00

Triple the amount

of losses and

damages sustained

by the Authority or$5000, whichever Is

greater

Up to $l, 000/day

Sec. 1-97 (3) m; Sac 1-166 (c)Sec. 1-37 (3) m; Sec 1-166 (c)

SBC. 1-97 (3) f; Sec. 1-166 (c)

Sec. 1-9 (g); Sec. l-9(h)

See. 1-97 (3) q

Sec. 1-97 (3) r

See. 2-10 (j)

CAPE FEAR PUBLIC UTILITY AUTHORITYRATES AND FEES SCHEDULE FY 20-21

B. Backflow Preventer Violations

Commercial failure to submit required backftow preventer test reportResidential failure to submit required backflow preventer test reportSubmission of falsified backflow preventer tEst report

First violation of backflow installation requirements

Subsequent violation of backftow installation requirements

C. Pretreatment Violations

ViolationofWastewater Discharge Permit

Violation of Sewer Use Ordinance

D. Water Emergency Management OrdinanceViolation of Water Emergency Management Regulations

Rates and Fees

Effective 11/13/19

$200. 00

$100. 00

$200. 00

$250.00$1,000.00

Up to $25,000Up to $25,000

Upto$500/day

Rates and Fees

Effective 7/1/20

$200. 00

$100.00

$200. 00

$250. 00

$1, 000. 00

Up to $25, 000

Up to $25, 000

Up to $500/day

Ordinance Reference

Sec. 2-10 (d)Sec, 2-10 (d)

Sec. 2-10 (d)

Sec. 2-10 (b)

Sec. 2-10 (b)

Sec. 5-189

Sec. 5-189

Sec. 3-13 (d)

5 Miscellaneous and Other

A. Servlce/repalr costs

Contracted services at actual cost plus 10% administrative fee

CFPUA staff and equipment at FEMA reimbursable cost

B. Other Fees

After Hours Fee

Emer^encv REconnect Fee

"Late Day Reconnect Fee

Late Fee

Loan Processing Fee/Deferral Fee

Meter Test

Large MeterTest (requested by Customer) (Meters 3" and larger)

New Sen/ice Charge

Premise Visit Fee

Delinquency Fee

Reread Fee (requested by Customer)

Correct Read

Incorrect Read (CFPUA error)

Reconnection Fee (after disconnect)

Utility Deposit 5ingle-Famllv Residential (may be adjusted by Customer Service Director based on servicesprovided and prior payment history)

Utility Deposit Commercial

Hydrant Meter Deposit for festivals (up to 11/2" meter she)Hydrant Meter Deposit for festivals (2" and higher meter size)

'Hydrant Meter Installation & Removal for festivals (per meter)Plan Review Fees:

Minor Subdivisions-no required NCDEQ water or sewer permits

Commercial Plans (multi-family residential/commerclal) - no required NCDEQ water and sewerpermits

Main Extenstons/Utlllty relocation/ROW widening less than 500 Unear FeetMain Eiitensions/Utility relocation/ROW widening 50t)-99g Linear Feet

Main Extensions/Utility relocatlon/ROW widening 1, 000-4, 999 linearfeet

Main Extenslons/UtIlltyrelocatton/ROW widening 5, 000-9, 999 llnearfeet

Main Extensions/Utllity relocation/ROW widening 10, 000 linear feet and greater

Pump Station Review (plus the main extensions fee above}Re-review Fee

, Water/Sewer Line Acceptance Testing RelnspectionWater/Sewer Line Acceptance Testing Reinspection - After Hours FeeInspection Fee for Developer-lnstalled Main Lines (After hours - Minimum of 2 hours)

Demolition Inspection Fee

Violation of Extension Policy

Copy and Printing Fees, including Public Records Request

:Tank Mounted Equipment Structural Analysis Review Fee

;WaterTower Lease

Additional Antenna Fee - per antenna exceeding nine antennas

Ground Space Fee - Additional ground space above 400 square feet

$

$

Individuallydetermined

Individuallydetermined

Individually

determined

110. 00

55. 00

10% of balance; $25

maximum on Single-

Family Residentialservices

Actual Cost to File

$

$

?

$

$

$

$

$

$

55.00 i

150.00

55. 00

55.00

55.00

55.00

No Cost

55. 00

Up to $200Determined by

Policy:500.00

Actual Cost

55.00

$

$

Individuallydetermined

Individuallydetermined

Individuallydetermined

110.00

55.00

10% of balance; $25maximum on Single-

Family Residential

services

Actual Cost to File

s

$

$

$

s

$

$

$

$

55. 00

150. 00

55. 00

55. 00

55.00

55. 00

No Cost

55. 00

Up to $200Determined by

Policy

500. 00

Actual Cost

55. 00

120.00 S

Sec. 1-9 (e)

Sec. 1-9 (e)

See. 1-97 (3) aSec. 1-97 (3| cSec. 1-97 (3) b

Sec. 1-97 (3) h

Sec. 1-97 (3) k,Sec. 1-97 |3) I; Sec. 1-36; Sec. 1-161

Sec. 1-36; Sec. 1-161

Sec. 1-97 (3) d; Sec. 1-6 (a)Sec. 1-97 (3) p; Sec. 1-15

Sec. 1-97 (3)m; SBC. 1-166 (a)

Sec. 1-97 (3) o

Sec. 1-97 (3) 0

Sec. 1-97 (3) n

Sec. 1-6

Sec. 1-6

Sec. 1-97 (3) g

Sec. 1-97 (3) g

Sec. 1-97 (3) E

Sec. 1-97 (3) I; Sec. 4-3 (a)

s

$

$

$

$

$

$

$

$

$

120.00

240.00

300.00

600.00

850.00

1,400.00

350.00 .

50. 00

$55/hour

$75/hnur

$75/hour

55.00

$100, $200, $500

Actual cost

1,500.00

$

$

$

$

?

$

$

$

$

$

120.00

240. 00

300. 00

600.00

850. 00

1,400. 00

3SO. OO

50. 00

$55/hour

$75/hour

$75/hour

55. 00

$100, $200, $500

Actual cost

1,500. 00 I

Sec. 1-97 (3) I; Sec. 4-3 (a)Sec. 1-97 (3) I; Sec. 4-3 (a)Sec. 1-97 (3) I; Sec. 4-3 (a)

Sec. 1-97 (3) I; Sec. 4-3 (a)Sec. 1-97 (3) I; Sec. 4-3 (a)Sec. 1-97 (3) I; Sec. 4-3 (a)

Sec. 1-97 (3) I; Sec. 4-3 (a)Sec. 1-97 (3) I; Sec. 4-3 (a)

Sec. 4-3 (c)

Sec. 4-3 (c)

Sec. 1. 97 (2) b; Sac. 1-6 (a)

Sec. 1-97 (3) s; Sec. 1-G (a)Sec, 4-103

Sec. 1-97 (3) t

Individually Individually

determined; determined;$2, 500 minimum $2, 500 minimum

$ 300. 00 $ 300. 00

$5.92/square foot $5.92/square foot

Set by contract

C. Miscellaneous Administrative Fees

Returned Check Fee (Per event; Closed Account, NSF, Stop Payment of CustomerAfendor Issued Check)Convenience Fee per transaction; maximum payment amount up to $500 per transaction.

.Dishonored Bank Draft Fee (Per event; Closed Account, NSF, Stop Payment of Customer/Vendor Draft)

Check Stop Payment Fee (Stop Payment of CFPUA Issued Check requested by Customer/Vendor)

$

$

$

$

25. 00

3.75

25. 00

5. 00

s

$

$

$

25. 00

3.75

25. 00

5. 00

Sec. 1-97 (3))

Sec. 1-97 (3) jSec. 1-9713))

Nation'al E?<empti6n:ServiGeiU'BM.ET6R:,.CDM

0.0 ®

SERVICE AGREEMENT

This Service Agreement ("Agreement") is made and entered into this ^> day of ftlovv^r- , jloolt.?by and between ^<?1 ^A LLt.and National Exemption Service, LLC ("NES").

("Owner")

"NES"

"Owner"

Property Name

No. of Units

Property Manager (if any)

Property Address

Federal Employer Identification Number

Date Issued

PARTIES

National Exemption Service, LLC

6>C / 'PROPERTY mFORMATION

Cottages at College Acres I

45

4716 College Acres Drive, Wilnungton, NC 28403

^- 31731144November 18th, 2020 cbm

For valuable consideration the parties agree to the following terms and conditions:

TERMS AND CONDITIONS

I. Introduction. NES is an independent contractor engaged in the business of installing and servicing water, gas, andelectric meters, and operating a billing sei-vice.

II. Monthly BiUine and Renortins. NES shall provide monthly billing and reporting service as follows:

A. Billing Service. NES shall bill the Resident of each Unit ("Resident") on a monthly basis. Owner shall useevery good faith effort to timely notify NES of all changes in Resident status caused by move-ins, move-outs andResident transfers, etc. Owner shall provide to NES copies of, or online access to, each bill or bills rendered byutility providers to Property for the utilities listed below.

Metered Charges. NES shall read each Unit's meter and bill the Resident of each Unit the followingcharges: Water/Sewer.

B. Reporting Service. NES shall furnish to Owner a monthly composite report of individual Unit charges. NESmay provide such services via email, website, or U. S. Mail.

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C, rnllectinn Service, Resident payments are to be made at the management office of the Property. NES shallinvoice Owner monthly for the Customer Billing Sei-vice. Interest at the rate of 1.5% per month, 18% per annum,will be added to invoices outstanding more than thirty (30) days.

D. Equipment Repairs. Owner is responsible for the cost of any repairs, parts and labor necessary to achieveaccurate reads on the property (i.e., replacing faulty or defective parts, rewiring, reprogramming, etc.). NES shallmake any necessary repairs or equipment replacements with Owner's approval, and will bill Owner accordingly.Term on invoices for repairs is net thirty (30) days.

III. Customer Billing Fee. NES shall be paid a fee of Three and 75/100 dollars ($3. 75), per Unit, per month, added to aResident's bill, where lawful ("Customer Billing Fee"). The Customer Billing Pee shall be subject to annual increasestied to the Consumer Price Index (The All-Urban Consumer U.S, City Average, All Items, 1982-84 = 100).

A. Ancillary Services. Any other ancillary services, such as refuse, cable, rent, etc., can be added at any time foran additional fifty cents ($0. 50) per Unit, per month, per ancillary service added to the Customer Billing Fee.

B. Data Acquisition. Storage and Hosting. NES shall be paid a fee of Twenty Five and 00/100 dollars ($25.00),per month, for Data Acquisition, Storage and Hosting fee ("DASH").

C. NES-Provided Replacement Plan. Under the terms ofNES' Replacement Plan ("Replacement Plan"), NESwill ship to Owner free replacement parts for any Equipment found to be defective, if said Equipment waspurchased by Owner firom NES and is commercially available, The Replacement Plan is not applicable to non-covered events, which include, but are not limited to, vandalism, theft, removal of or damage to the Equipment,either intentional or accidental. NES shall perform Equipment repair or replacement needed as the result of a non-covered event at the Owner's expense. The Replacement Plan applies to the Equipment only, and does not coverany plumbing pipes, fittings, fixtures, or items damaged as the result of defective Equipment. If the Equipment isno longer being manufactured, or upgrades to the Equipment are needed before replacement parts can be used,Owner is responsible for the cost of any required upgrades, The Replacement Plan provided by NES shall beeffective only while NES provides billing services to the tenants at the Property, and Replacement Plan will beautomatically voided upon sale of Property, or receipt of notice of termination or non-renewal of this Agreement.

FV. Equipment (Miscellaneous). During the term of this Agreement, Owner must have or provide in good workingorder any fixtures, tests, or devices, at Owner's, expense that may be required by law or to facilitate the reading of themeters.

V. Term. This Agreement shall become effective on the date hereof and shall be for an initial term ("Initial Term") ofSixty (60) months, unless otherwise terminated as provided in this Agreement. The Term of this Agreement shallcommence with the first Billing Service performed by NES under this Agreement, This Agreement shall be automaticallyrenewed for succeeding terms of Twelve (12) months unless Owner or NES provides a termination notice received by theother party Sixty (60) days prior to this Agreement's expiration. This tennination notice must be delivered to the otherparty via email, courier service, or sent by U. S. Postal Service certified mail, with return receipt requested.

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INDEPENDENT TERMS AND PROVISIONS

VI, Inde cndent Terms and Provisions. The terms and provisions enumerated in this section shall be construed asindependent of other term or provisions in this Agreement or any other agreeinent which the parties may have, fullyperformed and not executory, and the existence of any claim or cause of action by Owner against NES, whetherpredicated upon another term or provision of this Agreement or otherwise, shall not constitute a defense to theenforcement by NES of any other term or provision. The following terms and provisions shall be subject to this section;Equipment Installation, Monthly Billing and Reporting, Collection Service, Maintenance of Meters, Exclusive Right, andthe Agreement.

A. Iiide endent Contractor. NES is an independent contractor to the Owner for the operation of a submeteringsystem at the Property, and as such, Owner understands it may not exercise any control over NES, its employees,or contractors with regard to NES' policies for handling Resident affairs as long as it doesn't adversely affect theoperation of the property.

B. Interru tion of Service, State laws specifically prohibit Owner or NES from either having the authority to or theright to request, cause, or require certain interruptions of service to any Resident. Owner will be responsible forcompliance and filing obligations required by all such laws,

C. Exclusive Ri ht, NES shall have the sole right to provide billing service to the Property for the full term of thisAgreement absent termination as provided for herein.

D. Postaee. ShiDpine/HandlinE. Postage and Shipping/Handling is additional and added at the prevailing rate.

E. Irrevocable License. Owner hereby grants NES the irrevocable license to enter the Property at reasonable timesas necessary, for as long as this Agreement is in effect.

F. Indemnification A reements. Any damage to the Equipment caused by Resident, Owner, its employees, agentsor contractors shall be repaired by Owner at its expense. If Equipment is not repaired in thirty (30) days, NESshall make such repairs and Owner shall pay a reasonable amount to NES for its time and materials in effectingsuch repairs.

0. Service Limitations. NES assumes no responsibility for, and shall not be liable for, any interruption of serviceto the Property arising from acts of God, labor disputes, civil insurrection, vandalism, or other acts beyond NES'control. NES shall not be liable for any interruption of service to the Property arising from an action of anygovernmental agency.

H. Pro ert Access. NES shall use good faitli efforts to ininimize interference with Residents' use of Property,Upon reasonable notice, Owner shall provide an employee or another authorized person to accompany NES, itsemployees, or contractors, into any Unit, and take such reasonable steps to assure clear access to desired locationsas NES, its employees, or contractors deem necessary.

I, E ui mentOwnershi and 0 tion to Purchase. All Equipment supplied by NES is initially the personal propertyofNES. Upon payment in full, all Equipment shall become the property of Owner. In the event this Agreement isdisavowed, as provided for by law, Owner, as the case may be shall immediately pay the unpaid portion of theContract Price, and failure to pay shall entitle NFS to exercise any and all remedies outlined in this Agreement.NES shall have and may exercise after demand any and all the rights and the remedies granted to a secured partyupon default under the Uniform Commercial Code as in force in tlie State of Florida on the date hereof.

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J. Removal of E ui inent. Upon termination of this Agreement, for any reason, unless Owner purchasesEquipment, NES shall deactivate, at its expense, all of the Equipment in any practical manner, and may, withinninety (90) days after termination of this Agreement, reinove all of the Equipment from the Property, at NESoption and expense. Once Owner pays the amounts set forth in this Agreement and the Equipment shall be theproperty of the Owner and NES shall not remove the same without Owner's written consent.

1, IfNES fails to remove the Equipment fi-om the Property within the ninety (90) days, NES shall haveforfeited all right, title, and interest in and to Equipment. Owner may retain the Equipinent, fi'ee and dearof all right, title, or interest ofNES, or dispose of the Equipment, at Owner's option, without notice to, orconsent of, NE S.

2. IfNES exercises its option to remove the Equipment, NES shall restore proper connections whereEquipment is removed,

K, Non-Waiver. No waiver by NES of any violation or breach of any of the terms, provisions, and covenants int1iis Agreement shall be deemed or construed to constitute a waiver of any other or subsequent violation or breachof any of the terms, provisions, and covenants lierein contained. Forbearance by NES to enforce one or more ofthe remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver ofany other or subsequent violation or default.

L. Default/Attorne Fees. In the event any disputes between 0^vnel. and NES arising out of the Agreement shouldresult in litigation, including appeals, the prevailing party shall be entitled to recover alt costs thereof, including,without limitation, reasonable attorney fees, from the non-prevailing party.

1. IfNES defaults in making any payment to Owner hereunder when due, and ifNES fails to cure suchdefault within twenty (20) days after Owner gives written notice to NES of such default, then Owner mayterminate this Agreement at any time by giviiig written notice of termination to NES.

2. If Owner defaults in making any payment to NES hereunder when due, and if Owner fails to cure suchdefault witliin twenty (20) days after NES gives witten notice to Owner of such default with a copy to tlieOwner and the Owner fails to cure any default as reqiiired under Section VI. L 3 below, then NES may (butshall not be obligated) at any time thereafter, with or without notice or demand and without limiting NESin the exercise of any right or remedy which NES may have by reason of such default or breach:

a. Tenninate this Agreement as to the Owner, and in such event, NES shall be entitled to recoverfrom the Owner, as the case may be, all damages incurred by NES by reason of Owner's default,including accrued Customer Billing Fees, unpaid portions of the Purchase Price, and reasonableattorney's fees.

b. In the event the Contract Price has not been paid in full, recover possession of the Equipmentwithin ninety (90) days following NES termination of this Agreement as to the defaulting Owner,as the case may be.

c. Declare the Customer Billing Fee and charges due by that defaulting Owner hereunderimmediately due and payable, and thereupon the Customer Billing Fee and alt fixed charges to theend oftlie term shall thereupon be accelerated, and NES may, at once, take action to collect thesaine by distress or otherwise.

d. Pursue any other remedy now or hereafter available to NES under state or federal laws orjudicial decisions,

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3. If the Owner fails to cure any default as set forth in Section VI, L 2 above, or if the Owner fails to curea default of its failure to timely pay NES any payment to NES hereunder when due then, within twenty(20) days after NES gives written notice to Owner of such default, then NES may terminate thisAgreement as to future services at any time by giving written notice of termination to Owner.Termination of this Agreement under this Section does not alter the right and obligations of the partiespursuant to this Agreement prior to such termination.

Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided orany other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture orwaiver of any fee or other inonetary obligation due to NES hereunder or of any damages accruing to NES byreason of the violation of any of the terms, provisions and covenants herein contained. NES' acceptaiice ofdelinquent fees due hereunder shall not be construed as NES* waiver of such event of default. No waiver by NESof any violation or breach of any of the terms, provisions, and covenants herein contained shall be deemed orconstrued to constitute a waiver of any other or subsequent violation or breach of any of the terms, provisions, andcovenants herein contained. Forbearance by NES to enforce one or more of the remedies herein provided upon anevent of default shall not be deeined or construed to constitute a waiver of any other or subsequent violation ordefault. Unpaid installments of the Contract Price, Ciistomer Billing Fee or other unpaid monetary obligations ofthe Owner under the terms hereof shall bear interest fi-om the date due at the highest rate allowed by law.

M. Chan es in Ownershi or Mana ement, Owner agrees that it will notify NES within twenty (20) days fromknowledge of the actual or likely transfer of any management, control, legal or beneficial ownership, bankruptcy,liquidation, foreclosure, or other action affecting the ownership of the Property. Owner agrees that failure toprovide such notice shall cause it to be liable for any damages permitted under this Agreement even if suchliability would otherwise be transferred or assigned to a subsequent third party.

N. Notices. Any communication, other than normal monthly reports and checks from NES to Owner, required orpermitted under this Agreement shall be made in writing, and as elected by the party giving the Notice, deliveredpersonally by messenger, courier service, Federal Express or other reputable overnight courier, or sent by U. S.Postal Service certified mail, with return receipt requested, as follows;

a) In the case pf Owner, address to:C^fe_ ^re. s. iKat}^. LU,i>.^r g<»wL ci^

^C 9f oA.Attention;

b) In the case ofNES, address to;National Exemption Service, LLC604 Packard Court, Suite ASafety Harbor, PL 34695Attention: Gerald P. Baker, President

An address is required for the Notices. Iftliese fields are left blank, NES sliall use the Property Name and address asthe default",

0. Construction, The parties acknowledge tliat eacli party and its counsel have participated in the negotiation andpreparation of this Agreement and that the normal rule of construction to the effect that any ambiguities are to beagainst the drafting party shall not be employed ill the interpretation or construction of this A.greement or anyamendmentshereto.

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P. Miscellaneous.

1. Counter arts. This Agreement may be executed in any number of counterparts, each of which shall bedeemed an original, but all of which together shall constitute but one instrument.

2, Entire A reement. This Agreement and any attached Exhibits, which are by this reference incorporatedherein, and all documents in the nature of such exhibits, when executed, contain the entire written or oralunderstandings. Please note all fees are subject to change without notice.

3. Governin Law. This Agreement shall be construed and interpreted in accordance with, shall be governedby, and shall be enforced in all respects according to the laws of the State of Florida. Each party irrevocablyand unconditionally agrees that it will not commence any action, litigation or proceeding of any kindwhatsoever against any other party in any way arising from or relating to this Agreement and allcontemplated transactions, in any forum other than the Sixth Judicial Circuit of the State of Florida, in andfor Pinellas County, Florida, with respect to state court proceedings arising from this Agreement, and theMiddle District of Florida (Tampa Division) for federal district court proceedings arising from thisAgreement, and any appellate court from any thereof. Each party irrevocably and unconditionally submits tothe exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only inthe Sixth Judicial Circuit of the State of Florida, in and for Pinellas County, Florida, witli respect to statecourt proceedings arising from this Agreement, and the Middle District of Florida (Tampa Division) forfederal district court proceedings arising fi'om this Agreement. Each party agrees that a final judgment inany such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by suit onthe judgment or in any other manner provided by law.

4. Bindin Effect. This Agreement shall bind and inure to the benefit of the parties hereto, and theirrespective heirs, personal representatives, successors, and assigns.

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IN WITNESS WHEREOF, this Agreement lias beeii executed as oftfie date stated above.

WITNESSES:Colleen Muhrlin

WITNESS S:

NatiyiraliSweinptiBn Service, LLC

By:^irdtol ̂ ur 11/20/2020

t:U4. i!:l-U^UL>tiAU4U^,..

Gerald P. Baker, President

Owner/-. -"

By:

/.."

Print; / £-r£-< ^./f-^^^r>/^t-

Its; ^'£^, 0^. I/ ^

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Name: Cottages at College Acres IManagement: Brown Investment Pro erties, Inc.Municipality: Cape Fear Public Utility Authority

Meter Number

Number of

Buildings16

bldg1-9bldg 10-12

bldg13bldg 14-16

Base Fee Breakdown.

Number ofContracted

units:45

2 units4 units3unts4 units

Number of

units permeter

45Meter Size

2"

Water BaseCharge per bill:

$220.48

Sewer BaseCharge per

bill:$232.80

Total WaterBase Fees:

Water BaseFees per unit:

Total base fee +# of units

$220. 48

$4. 90

Total Sewer

Base Fees:Sewer Base

Fees per unit:Total base fee

+ # of units

$232.80

$5. 17

Administration Fee

$3.75 per unit

Total Charge$3. 75 Admin Fee$4.90 Water Base Fee$5. 17 Sewer Base Fee

$13.82 Total

lCapeFearPBbileBUliUNBUiaritswww. cfpua. org

Account:

10227716

Service Address:

4738 COLLEGE ACRES DR

Issue Date:

10/28/2020

Auto Pay

Sign up for Auto Pay at:

www.cfpua.org

Telephone Payment

Phone: 910-332-6550

Pay by phone

Via debit or credit card

Visa or Mastercard

accepted

Account Summary:

$149.84

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Online Payment

www.ctpua.org

Mail

CFPUA

Payment Center

235 Government Center Drive

Wilmington, NC 28403

In Person

235 Government Center Drive

Wilmington, NC 28403

305 Chestnut Street

Wilmington, NC 28401

M-F 8:00 am - 5:00 pm

-$149. 84

^^

$149.98If paic by

-11/27/20')0

PAY ON TIME

Why pay$155. 65?

Save $5. 67!

$0. 00 $149. 98

B001457461

$149. 98

Important information:

. Residential service disconnections and late fees are

discontinued until 12/31/2020. Charges will continue to

accrue on accounts. If you have delinquent charges andwould like a payment plan, please call 910-332-6550.

. Please note your City of Wilmington stormwater rates for billsissued on and after 9-1-20 includes a 1% increase. For further

information, you may reference the City's website at:wilmingtonnc. gov/departments/public-

services/stormwater/billing-fees

. Your activation code for our customer portal: 2DB709.

Res Sewer Base

Water Base

Total CFPUA Charges

Stormwater

Stormwater

95 Gallon CartAdditional 95 Gallon Cart

Total City ofWilmington Charges

$29. 10$27.56

$16.54$16. 70$52.58$24.06

$29.10$27. 56

$56. 66

$1.71$14. 97$52.58$24.06

$93.32

RM-058-0440 OTGAL 10/26/2020 OTGAL

RECE1VED

NOV 0 5 2020

08/27/2020

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(1) 12"<4" TAPPING SLEEVE(1)4" MJ TAPPIN8 GATE VALVE

(1) 12" X1" SADDLEPROPOSED .1"

IRRIGATION -SERVICE

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PROPOSED 4"C900 WATER

MAIN

//. S.N'\.1

20-FT ROADWAY CUTCONTRACTOR TO OBTAIN CITfROAD PERMFT (SEE Cmf DFTAILS)

EXISTING 12"WATER MAIN

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WATER AND SEWER - PROFILE VIEWHORIZONTAL SCALE: 1 "=50'

VERTICAL SCALE: 1"=5'

7. CONTRACTOR SHALLABANDON ALL UNUSED !

8. WATER MAINS SHALL BE BURIEO A WIN. OF 3BTHE FROST-LINE OR GREATER IF THE LOCAL IREQUIRES, WHICH IN THIS CASE. CFPUA REQl

{1)12"x8"TAPPING SLEEVE(1) 8" MJ TAPPING GATE VALVE

20.FT ROADWAY CUTCONTRACTOR TO OBTAIN ROADPERMIT (SEE CFY DETAILS)

EXISTING 8" GRAVIPT SANITARY SEWEFi(CONTRACTOR SHALL CALL

CFPUA FOR FIELD INSPECTIONAND CLEANING IF NECESSARY)

COLLEGB ACRES DRIVB ^pHK.r

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10'XIQ- PUBLICSANITARY SEWEREASEMENTTO BE DEDICATEDTO CFPUA

BLOWOFF ASSEMBLY(SEE DETAILS)

PRIVATE e"SDR 35SANFTARV SEWER

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GRAPHIC SCALE