SW6200303_Beasely Utility Easement-Recorded_20200605

BK 10706 PG 0818 FILED ELECTRONICALLY
CUI-MERLAND COUNTY NC
J. LEE WARREN, JR.
Memorandum of Easement
CORDING REQUESTED BY
Fresh Air Energy XXXVIN , LLC
PREPARED BY AND WHEN RECORDED RETURN TO:
Fresh Air Energy XXXVIR , LLC
101 Second Street, Suite 1250
San Francisco, CA 94105
Attention: Erik Stuebe
�
hO �IIII � .i I�� AOLINA
LAND COUNTY
114,VCEL 11 1
MEMORANDUM OF EASEMENT
FILED Mar 02, 2020
AT 01:02:18 PM
BOOK 10706
START PAGE 0818.
END PAGE 0831
INSTRUMENT # 07426
RECORDING $26.00
EXCISE TAX $0.00
This Memorandum of Easement ("Memorandum") is entered into on January 7, 2020 by and between
JAMES MCNEILL )ATILLIAMS, widower and GARY BEASLEY and wife, PAMELA E. STEVENSON;
LARRY BEASLEY and wife, KIMBERLY BEASLEY; and TIMOTHY H. BEASLEY and wife, SUSAN
BEASLEY, having an address of 3417 Song Sparrow Drive, Wake Forest, NC 27587 ("Grantor"), and
FRESH AIR ENERGY XXXVIII , LLC, a North Carolina limited liability company, having an address at
101 Second Street, Suite 1250, San Francisco, CA 94105 ("Grantee's. Grantor and Grantee are collectively
hereinafter referred to as the Parties (the "Parties").
L Grantor is the fee owner of certain real property located in County of Cumberland, North Carolina,
which is more particularly described in EXHIBIT A, attached hereto and incorporated herein (the
"Property")
2. Grantor and Grantee entered into that certain Utilities Easement Agreement on January 18, 20:19
(the "Easement Agreement"). Pursuant to the Easement Agreement, Grantor has granted to Grantee a non-
exclusive easement on, over, across, and under the Property for the purpose of placing utilities in the support
of the construction, operation, and maintenance, and a solar photovoltaic electrical generating facility (the
"Utilities Easement'). The location of the Utilities Easement is more particularly described in EXHIBIT
B, attached hereto and incorporated herein. The Easement Agreement is hereby incorporated herein as if
fully set forth in this Memorandum. Grantor and Grantee have executed and acknowledged this
Memorandum for the purpose of providing constructive notice of the Easement Agreement. Capitalized
submitted electronically by "Tuggle Duggins P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Cumberland county Register of Deeds.

BK 10706 PG 0819
terms not otherwise defined in this Memorandum shall have the meanings provided in the Easement
Agreement.
1 Grantor grants the Utilities Easement to Grantee on the terms, covenants, and conditions stated in
the Easement Agreement. The Grantee shall have the exclusive right to use the Utilities Easement, together
with certain other rights related to the Utilities Easement as more fully granted and described in the
Easement Agreement. Reference is hereby made to the Easement Agreement for a complete description of
the respective rights and obligations of the Parties regarding the Utilities Easement and the covenants,
conditions, restrictions, and easements affecting the Utilities Easement pursuant to the Easement
Agreement.
4. The term of the Easement Agreement shall be in perpetuity, commencing on the Effective Bate of
the Easement Agreement.
5. Grantee shall have a right of first refusal, should Grantor decide to sell or transfer any, all, or a
portion of the Property. Grantee's right of first refusal shall not apply to any transfers of the Property made
for bona fide estate plamung purposes or in connection with any distributions from any trust.
6. In the event of any conflict or inconsistency between the provisions of this Memorandum and the
provisions of the Easement Agreement, the provisions of the Easement Agreement shall control. This
Memorandum, the Easement Agreement, and any rights granted to Grantee therein shall burden the
Property and shall run with the land. The Easement Agreement and this Memorandum shall inure to the
benefit of and be binding upon Grantor and Grantee and, to the extent provided in any permitted assignment
or other transfer under the Easement Agreement, any assignee and such assignee's respective heirs,
transferees, successors, designees, assigns, and all persons claiming under them.
&. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as
amending or modifying, any of the terms, conditions, or provisions of the Easement Agreement, all of
which are hereby ratified and affirmed,
9. This Memorandum may be executed by different parties on separate counterparts, each of which,
when so executed and delivered, shall be an original, but all such counterparts shall constitute one and the
same instrument.

BK 10706 PG 0820
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the
date first above written.
RVIXTUM19
By:
James McNeill Williams
By:
Gary Beasley
By:
Pamela E. Stevenson
By:
Larry Beasley
By:
Kimberly Beasley
By:
Timothy H. Beasley
By:
Susan Beasley
GRANTEE
Fresh Air Energy XXXVIII, LLC
a North Carolina limited liability company
By: Fresh Air Power Development, LLC
By: Ecoplexus Inc.
By:
Erik Ruche, President

BK 10706 PG 0821
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the
date first above written.
By:
James McNeill Williams
By:
Beasley
B
Pamela E. Stevenson
By:
--, ? �'Vw - � '-V) � '-, �C/` t
Larry ley
By:
b K i erly Ifeasley
By:
Timothy H. Beasley
By:
Susan Beasley
GRANTEE
Fresh Air Energy XXXV111, LLC
a North Carolina limited liability company
By: Fresh Air Power Development, LLC
By: Ecoplexus Inc.
By:
Erik Stuebe, President

BK 10706 PG 0822
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the
date first above written.
GRANTOR
By:
James McNeill Williams
By:
In
Lo
By:
By:
Pamela E. Stevenson--
Timothy H. Beasley
Susan Beasley
Fresh Air Energy XXXVIII, LLC
a North Carolina limited liability company
By: Fresh Air Power Development, LLC
By: Ecoplexus Inc.
By:
Erik Stuebe, President

BK 10706 PG 0823
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the
date first above written.
[Iffly—YUK11-111
B Y.
James McNeill Williams
By:
Gary Beasley
By:
Pamela E. Stevenson
By:
Larry Beasley
By:
Kimberly Beasley
By:
Timothy H. Beasley
By:
Susan Beasley
Fresh Air Energy XXXVIII, LLC
a North Carolina limited liability company
By: Fresh Air Power Development, LLC
By: Ecoplexus Inc.
By:
Erik Stuebe, President

BK 10706 PG 0824
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the
date first above written.
By:
James McNeill Williams
By:
By:
Gary Beasley
Pamela E. Stevenson
By:
Larry Beasley
By:
Kimberly Beasley
By: 4 i6, Vej"�z
-othy H. Aeasley
, m
A
(7
By:
Susan Beasley
ly"T.TUM
Fresh Air Energy XXXV111, LLC
a North Carolina limited liability company
By: Fresh Air Power Development, LLC
By: Ecoplexus Inc,.
By:
Erik Stuebe, President

BK 10706 PG 0825
STATE OF ```f.lpr,
COUNTY OF j —
I, a Notary Public for County of Ctlsr-Tnoviq do hereby
certify that i I n-c personally appeared before me this day and acknowledged
the due executioof the foregoing document for the purposes therein stated. Witness my hand and official seal, this
the AYlqday of ft , 2020.
F
Notary Public
Notary's Printed Name: ii€
My Commission Expires:
STATE OF..;° r f
COUNTY OF ..'
I,fLv--m �LU a Notary Public for County of ' w. tl0' -. � do hereby
certify that l2.. personally appeared before me this day and acknowledged
the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, this
the. ,.- V day of 'Rr7tqdzIZ,2020.
1 /441
Notary Public
Notary's Printed Name: efts I i C',
My Commission Expires: to

BK 10706 PG 0826
I
STATE OF 4e 0, P q 16c,
COUNTY OF e ha'IUPVI
a Notary Public for County off, 1-1 do hereby
certify that a- llk'" j personally appeared before me this day and acknowledged
the due execution of thforegoing document for the purposes therein stated. Witness my hand and official seal, this
the day of -E� 11 —YIa 1 020.
Notary Public
Notary's Printed Name:
My Commission Expires:
STATE OF
COUNTY OF 0 /""
iffelk w1vi 6,o No, 'fl
a Notary Public for County of 0 k/�f , do hereby
certify that )ttt 1 17—a 3 /j _ personally appeared before me this day and acknowledged
the due execution of the fregoing documAt for the purposes therein stated. Witness my hand and official seal, this
the -"A- day of 2020.
&C&cl
Notary Public
Notary's Printed Name:
z)
My Commission Expires:
0
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WC
EXPIRES
1®� MAy 17,2020
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BK 10706 PG 0827
GRANTOR ACKNOWLEDGMENT
STATE OF N
COUNTY OF '�Sb
I, C !, �. a Notary Public for County of��� , do hereby
certify that Q fyt�5 I !`1h�1$ personally appeared before me this day and acknowledged
the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, this
the day of 2020.
Notary Public
Notary's Printed Name: e.
,>
�•": �:;:_ ,��_: : � My Commission Expires:
�rr�F�ijkgaiss'
STATE OF
COUNTY OF
I, a Notary Public for County of do hereby
certify that personally appeared before me this day and acknowledged
the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, this
the day of , 2020.
Notary Public
Notary's Printed Name:
My Commission Expires:
(Official Seal)

BK 10706 PG 0828
STATE OF k,�UVA QJN-U�%-.—W
COUNTY OF
a Notary Public for County of �_� do hereby
certify that personally appeared before me this day and acknowledged
the due execution of the foMgoing document for the purposes therein stated. Witness my hand and official seal, this
the J%A ay of 2020.
ELIZABETH ESPINOSA
Notary Public
Wake Co., North Carolina
MY COMMission Expires July 06,2024
(Official Seal)
STATE OF
COUNTY OF
Notary Publij
Notary's Printed Name: rA-Xclll-eltvl
My Commission Expires: Q, 7 1 04
k�3"L e� a Notary Public for County of
all do hereby
certify that z, !C
personally appeared before me this day and acknowledged
the due execution of the foregoing document forte purposes therein stated. Witness my hand and official seal, this
the Wt-day of 2020.
N a" PublV
ELIZABETH ESPINOSA
Notary public
Wake CO., North Carolina
=
My Commission Expires MY 06, 2024
--Z
(Official Seal)
Notary's Printed Name:
My Commission Expires: L-01

BK 10706 PG 0829
["I'Molfs 01[
A notary public or other officer completing this certificate verifies only the identity of the individual who
sigried the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat
document.
State of California)
County of San Francisco)
On L4 _ / 61 2020, before me, e /'" - - —, a Notary Public,
personally appear Erik Stuebe, who proved to me on thelbasis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature :� �4711

BK 10706 PG 0830
Legal Description of Grantor's Property
Lot i as shown on plat recorded in Plat Book 106. Page 3 on JanuaiT 14, 2002, Register of Duds
Cumberland County, North Carolina,

BK 10706 PG 0831
Legal Description of the Utilities Easement
30'Utility Easement
Lying and being situated in Cumberland County, North Carolina and being more particularly
described as follows:
Being a 30'Utility Easement in Eastover Township, Cumberland County, North Carolina and
lying east of Interstate 95 and Poverty Flats Road (S.R. 1861). Being on the property of Gary and
Pamela E. Beasley and Larry and Kimberley A. Beasley ET. AL. (Deed Book 9747, Page 755),
and being more particularly described as follows:
Beginning at an existing concrete monument having N.C. Grid Coordinates (NAD 83/2011) of
North = 497,636.21 feet and East = 2,073,516.72 feet, said monument is a common comer with
property owned by Gail M. Blackmon (Deed Book 5038, Page 502) and Gary and Pamela E.
Beasley and Larry and Kimberley A. Beasley ET. AL. (Deed Book 9747, Page 755); North 63'
06' 29" West 1,293.40 feet to a point; thence North 63' 05' 23" West 33.02 feet to a point on the
eastern right of way (variable width) of Interstate 95 and Poverty Flats Road (S.R. 1861); thence
along the eastern right of way of the above mentioned road a curve to the right with a radius of
761.15 feet, an arc length of 33.76 feet, a Delta angle of 02' 32' 28", and a chord bearing and
distance of North 54' 12' 52" East 33.76 feet to a point; thence leaving the eastern right of way of
the above mentioned road South 63' 06'29" East 1,359.68 feet to a point in the line of the J. Duane
Gilliam Heirs (Deed Book 8274, Page 656); thence South 85' 17' 06" West 57.24 feet to the point
of beginning and containing 0.93 acres or 40,296 square feet more or less.