‘Type: CONSOLIDATED REAL PROPERTY Recorded: 9/1/2017 2:20:26 PM. Fee Amt: $30,094.00 Page 1 of 5 Revenue Tax: $30,068.00 Buncombe County, NC Drew Reisinger Register of Deeds BK 5586 PG 823-827 There are no delinquent taxes that are alien the parcel(s) described in the deed which the Buncombe County Tax Collector is charged with collecting. ‘Dare eS lfector Excise Tax $30,068.00 Recording Time, Book and Page __ Tax Lot No. Parcel Identifier No._963367502800000 and —__963367589200000 Verified by County on the _day of. F by. ‘Mail after recording to Cathy M. Rudisill, Nelson, Mullins Riley & Scarborough LLP, 4140 Parklake Avenue, Suite 200, Raleigh, North Carolina 27612 This instrument was prepared by Cathy M. Rudisill, Nelson, Mullins Riley & Scarborough LLP, 4140 Parklake Avenue, Suite 200, Raleigh, North Carolina 2 ‘Common address 2400 Appalachian Boulevard, Arden, North Carolina 28704 Send tax statements to: SPECIAL WARRANTY DEED ‘THIS DEED made as of this. 1* day of September, 2017, by and between GRANTOR GRANTEE Ardenwoods LLC Arden Retirement, LLC, an Iowa limited liability company a North Carolina limited liability company 400 Locust Street, 2304 Wesvill Court, Suite 100 Suite 820 Raleigh, North Carolina 27607 Des Moines, lowa 50309 WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all those certain lots or parcels of land situated in the City of Arden, Buncombe submitted electronically by "welson muI tins LLP in Compliance with North carolina statutes governing recordable documents Usiand the terms of the submitter agreement with the Buncombe county Register of Deeds. us Book: 5586 Page:823 Page 1 ofSCounty, North Carolina and more particularly described as set forth in Exhibit A, attached hereto and made a part hereof (the "Property"): ‘The Property was acquired by Grantor by instrument recorded in Book 2777 Page 330 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, Grantor, as its sole warranty herein, specially covenants and warrants that the Property is free of any encumbrance made or suffered by Grantor except as set forth herein and that Grantor and Grantor's successors shall warrant and defend the same to Grantee and Grantee's successors and assigns forever against the claims and demands of all persons claiming by, through or under Grantor, but against none other. Title to the Property is subject to the following exceptions: i 10. " 12, 13, us.11373257001 us.n137s3280.02 wok: 5586 Page: 823 Page 2 of 5 Ad valorem taxes for 2017 which shall be prorated as of the date hereof, and subsequent years; Deed of Trust from Ardenwoods LLC to Wells Fargo Bank, N.A. as Trustee for the benefit of the Holders recorded in Book 4658, Page 488, in the Buncombe County Registry; Basements, setback lines and any other matters shown on plat recorded in Plat Book 68, Page 144 and Plat Book 72, Page 112, Buncombe County Registry. (Tract 1 & 3) Easements reserved in Deed recorded in Book 2022, Page 286 and re-recorded in Book 2062, Page 657, Buncombe County Registry, (Tract 1) Easement(s) in favor of Duke Power Company as recorded in Book 536, Page 447, Buncombe County Registry. (Tract 1) Easements, setback lines and any other matters shown on plat recorded in Plat Book 80, Page 133, Buncombe County Registry. (Tracts 2 & 3) ‘Transfer of Sewer and Water Rights Agreement recorded in Book 2442, Page 360, Buncombe County Registry, (Tracts 2 & 3) Street Maintenance Agreement recorded in Book 1978, Page 522, Buncombe County Registry. (Tracts 2 & 3) Easements, setback lines and any other matters shown on plat recorded in Plat Book 68, Page 77, Buncombe County Registry. (Tracts | & 2) Deed of Trust from Ardenwoods LLC to, Wells Fargo Bank, N.A.. as Trustee for the benefit of the Holders, recorded in Book 4658, Page 488, in the Buncombe County Registry. (Tracts | & 2) Easements, setback lines and any other matters shown on plat recorded in Plat Bok 6, Page 1 and Plt Book 64, Page 8, Buncombe County Regist. (Tract 3 Easement(s) in favor of Avery Creek Sanitary Sewer District as recorded in Book 1730, Page 314, Buncombe County Registry. (Tract 3) Easement rights in favor of Talmadge Penland and wife, Helen . Penland as recorded in Book 3545, Page 405, Buncombe County Registry. (Tract 3) oy14, Agreement with Charter Communications recorded in Book 4180, Page 1309 and Non- Exclusive Installation and Service Agreement recorded in Book 4788, Page 170, Buncombe County Registry. 45. Communication Systems Right of Way and Easement in favor of American Telephone and Telegraph Company as recorded in Book 1580, Page 241, Buncombe County Registry. 46. Rights of others, if any, in and to private roads or drives crossing the Property. 17. Encroachments set forth on the survey of Grantor prepared March 3, 2002 by MeAbee & Associates, P.A. 18, Matters that would be disclosed by current survey and inspection of the Property subsequent to the survey of Grantor prepared March 3, 2002 by McAbee Associates, P.A. [SIGNATURE PAGE FOLLOWS] usunsresio01 us.un37s3290.02 Book: 5586 Page:823 Page JofS.IN WITNESS WHEREOF, the Grantor has hereunto set its hand, has caused this instrument to be signed in the name of the corporation by its duly authorized officers by authority of the corporation, the day and year first above written, ARDENWOODS LLC, an fowa |i company sy Mane D. fre. bet fee ee Le ge ed liability wok: 5586 Page: 823 SEAL STAMP. er ‘STATE OF IOWA, Fock County. I, a Notary Public of the County and State aforesaid, certify that AiLison Pe ACOY personally came before me this day and acknowledged that shelhe is sy. of Ardenwoods LLC, and that sherhe, as_oF7/CE® __, being authorized to do so, executed the foregoing on behalf of the company. Witness my hhand and official stamp or seal, this <2.” __ day of August, 2017, My copimission expires: aff while Dyccsien Nonny Public My county of residence is SALAS , County, Iowa NAC g” MIRELA PAJAZETOVIC s ‘Commission Number 800806 ; My Commission Expires December 14, 2019EXHIBITA (Legal Deseription) Tract 1. Being that certain 15.44 acre trac as shown on plats recorded in Plat Book 68 at Page 77 and Piat Book 68 at Page 144, Buncombe County Registry, reference to which is hereby made for a more particular description. Together with and subject to those easements described in a Deed recorded in Book 2022 at Page 286 and re-recorded in Book 2062 at Page 657, Buncombe County Registry. Tract 2: Being that certain 31,83 acre tract as: shown on a plat for Avery's View Retirement Facilities, ine., which said plat is duly recorded in the office of the Register of Deeds for Buncombe County, in Plat Book 80 at Page 133, reference to which is hereby made for a more particular description, Together with and subject to a right of ingress, egress and regress over and. upon the right-of-way as shown on said plat Tract 3 BEGINNING on a rebar in the eastern margin of the right of way of Brevard Road (NC Highway 191), said rebar marking the northwest corner of the 31.830 acre tract of land as’ shown on plat recorded in Plat Book 80, at Page 133, of the Buncombe County, NC Register's Office, said rebar also marking the southwest corner of the property of The Hills of Avery's Creek Property Owners Association, Ine.; and runs thence from said established Beginning Point and with the eastern margin of the right of way of Brevard Road North 12° 28' 05" Bast, passing over a sewer line at 19.27 feet, a total distance of 30.55 feet 10 a rebar thence leaving the easter margin of the right of way of Brevard Road South 75° 45' 28" East 91.07 feet to a rebar; thence North 54° 02' $1" East 129.17 feet to a rebar, thence North 03° 061 42" East 21.74 feet to a rebar; thence South 82° 24' 12" East 231.72 feet to ‘point; thence on a curve to the right with a radius of 325.00 feet, an arc distance of 187.59 fect and a chord of South 71° 18 24" East’ 185.00 feet to a rebar; thence South 04° 03' 00" West 46.61 feet to a rebar which is located North 04° 03" 00" East 13.93 feet from an existing iron pin in the southern margin of the right of way of Appalachian Boulevard as shown on, said plat recorded in Plat Book 80, at Page 133, of the Buncombe County, NC Register's Office; thence with the northern boundary line of the 31.830 tract as shown on the above-referenced plat North 87° 00' 40" West, passing existing pins on line at 389.41 feet and at 450.05 feet, a total distance of 603.06 feet the point of BEGINNING, containing 1.06 acres, more or less, and being the same 1.06 acre tract as shown on survey for Ardenwoods LLC dated May 16, 2003, by McAbee & Associates, and designated as Drawing No. G-03-1167 ("Map"), reference to said Map being made in aid of description. USTISSISTOOT (US.113758280.02 wok: 5586 Page: 823 Page 5 of 5