Land For Sale in Sylva, NC

EXHIBIT “A”

BEING AND COMPREHENDING a tract of land containing 35.726 acres, more or less, and being all of the tract entitled “Grant”, containing 18.50 acres, and all of Tract 2, entitled “Potts”, containing 17.226 acres, more or less, lying in Webster Township, Jackson County, North Carolina, as shown on a map or plat of a survey prepared by Sprinkle Surveying, P.A., P.L.S., dated May 12, 2004, entitled “Boundary Survey for Bill Melton”, drawing no. 4635, recorded in Plat Cabinet 13, Slide 49, Jackson County Public Registry, to which reference is hereby made and incorporated herein as if fully set forth.

Being the same lands as conveyed and described by deed dated June 24, 2004 from Fox Run Properties, Inc., a North Carolina corporation, to Billy H. Melton, Sr. and wife, Donna S. Melton, recorded in Book 1431, Page 375, Jackson County Public Registry.

There is further conveyed to the Grantees, their heirs, assigns, executors and administrators, a road right of way easement over all existing roads located on other lands of James Hubert Potts, Sr., now or formerly, and his heirs, for the sole purpose of ingress and egress over, through and across the same, from the public highway to the lands herein conveyed, with the right to maintain, repair and inspect said right of way, and the said right of way is to be perpetual and to run with the land. Being the same right of way as set forth in Book 1431, Page 375; and Book 538, Page 747, Jackson County Registry, to which reference is hereby made.

This instrument is made and given SUBJECT TO the exception and reservation of a road right of way easement, over and across all existing roads located on the lands herein conveyed for the benefit of all of the heirs of James Hubert Potts, Sr., who need said roads for the purpose of ingress and egress from the public highway, as set forth and more particularly described in deed recorded in Book 1431, Page 375; and Book 538, Page 747, Jackson County Registry, to which reference is hereby made.

There is further conveyed to the Grantees, their heirs, assigns, executors and administrators, and this instrument is made and given SUBJECT TO the rights, terms and obligations of the Restrictive Covenants, Terms and Conditions for Whispering Heights Estates, recorded in Book 1431, Page 379, Jackson County Public Registry, to which reference is hereby made and incorporated herein as if fully set forth.

There is further conveyed to the Grantees, their heirs, assigns, executors and administrators, a road right of way easement, 30 ft. in width, over the existing road, running from the southern boundary of the land (a 15.406 acre tract) conveyed to Grantor in Deed Book 1439, Page 777, Jackson County Public Registry, in a northwesterly direction leading to the property herein conveyed, as shown on a plat recorded in Plat Cabinet 13, Slide 126, Jackson County Public Registry. Said right of way is to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said road and right of way. At such time as Grantees begin using said right of way, Grantees agree to pay their pro rata share of the maintenance of the road.

This instrument is made and given SUBJECT TO a Deed of Trust dated June 24, 2004 from Billy H. Melton and wife, Donna S. Melton, to Max K. Holland, Trustee for Fox Run Properties, Inc., a North Carolina corporation, recorded in Book 1431, Page 384, Jackson County Public Registry, to which reference is hereby made, covering and embracing the above described lands, and given to secure the payment of the original…