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SW7120701_HISTORICAL FILE_20120706
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW �/1 7i7 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE DOC DATE q�/JGa�iU TD(s YYYYMMDD Pamlico Engineering Services, PLLC 128 Abbey Lane WASHINGTON, NC 27889 PHONE (252)945-2983 Pamlico En�irieerir,� ervices To: Date 7/6/12 Job No. 12017 NCDENR - DWQ Attention : Scott Vinson Family Dollar Belhaven WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ® Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE No DESCRIPTION 2 7/6112 Application 2 NARRATIVES 2 PLANS I S505 CHECK I USGS QUAD SHEET l DEED THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Please call if you have any questions. Marie U. Peedin, PE. RECEIVED SUL - 6 2012 pWQ_WARO DIVgC-/UttVLSp F -1} Sal$ 3/27/12 MSRMaps: Print Send To Printer Back To MSR Maps Change to 11x17 Print Size Show Grid Lines Change to Landscape MUlSGS 1 late N of Belhaven, North Carolina, United States 01 Jul 1974 C D JUL ,�1 IDANtR � r ����. �\. •ate � `16,� � o jLNNN�n ave rx�l_ r ♦� M m 100 200 300 yds 1001 200 300 4* 0. 40 Z *' .. dp Image courtesy of the U.S. Geological Survey © 2010 Microsoft Corporation. Terms of Use Privacy Statement msrmaps.comlPdntlmage.aspx?T=2&S=11&Z=18&X=880&Y=9838&W=3&qs=%7cbelhaven%7cnc%7c... 1!1 . • h 4` r • a •f A I f �av BUSINESS CORPORATION q � 4 ANNUAL REPORT �l a NAME OF BUSINESS CORPORATION: Eastern Pride Inc. FISCAL YEAR ENDING: 20121231 SECRETARY OF STATE CORPORATE ID NUMBER: 0647965 NATURE OF BUSINESS: Real Estate developmenideaving REGISTERED AGENT: 7hornas, Charles A. REGISTERED OFFICE MAILING ADDRL'SS: 2405-F West Nash Street Wilson, NC 27896 E-Filed Annual Report 5568214 Do not data enter manually. STATE OF INCORPORATION: NC RF,GIS'1'1--RED OFFICE STREET ADDRESS: 2405-F West Nash Street Wilson, NC 27896 Wilson County PRINCIPAL OFFICE TELEPHONE NUMBER: (252) 399-1964 PRINCIPAL OFFICE MAILING ADDRESS: 2405-FNash Street W. Wilson, NC 27896 PRINCIPAL OFFICE STREET ADDRESS: 2405-F West Nash Street Wilson, NC 27896 PRINCIPAL OFFICERS: Nance: Charles A Thomas Title: President Address: 1405-- F' West Nash Street Wilson, NC 27896 Name: Barnes Boykin Title: Secrerary Address: 2405- F West Nash Street Wilson, NC 27896 RECEIVED JUL - 6 2012 DWQ-WARD CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL BUSINESS CORPORATIONS Charles A Thomas FORM MUST BE SIGNED BY AN OFFICER OF THE CORPORA'rm Charles A 'Thomas 611 /2012 DATE President TYPE OR PRINT NAME 'TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 �� ,,! ,.' ... • ... Li :R. .�'d._ '_ ' ' ,. '' � f � � . „ ' �. � 1 � . r � I t .,,,�, * , . � , . r r, I � ' � I .tit •A 1,- 4 i 1 � � • � � � � � � l� S } � it 7 • ' 1 - .... 2666-- 6 y_ 3P9q LtI127t-591 Pet %wW bj : 1t. Mrtie4 &mdy. Nwbolls & Cm=pM P.A. Rchgn%;a. N'whoUs & CM=pson. P,A, P.O. Boot 1$237, Ralergk NC Z7619 tie Rc%Cuue !wits W.-.pt SecAsacb d NORTH CAROLINA 9XEttlr OR"S AND TRUSTEE'S SPWIAL WARRANTY DEED BEAL'FOKtCOLrN- Y -!'HIS DEED. made this At d W"f�999. by and bdwow Lbxb X Powds. Exorir�t of the Esatc of Willom deowsed.1 il— X- Pmmdt c xecutr4x of the Sam of'Amiie Lyle Pau[ Lixermvt deceased: Lich IL Pamds, Tttostec of dx Williaa Dumicl Livc mao Tr atdaed MwZb 6, 19%: and Umb IL ►oaads, Tt=w O'tbc As fe Lyle piui Livanaat Trtatdated Mtech 6,19%b elRvd'G=or-sod S3irley' Ann O'NOL hatb aEex ea?ied'Cpancec', N -1 a aJd wet .* i Ya E. ri v.r.• trn��, 8elh...�.., Ne 2i8�o. WITA'ESSE M: WHEREAS. Wi!W= Dmid L MUM died go Jsnaaty 25, I997, wd the Las; Wilt sad Tesamc9s of WiW= Daniel Lfvamm his bore duly p Vb nod and s tecottled in the Office *f the Cb:rk of Staperior cams of aemikst Coiany, %Mtn Casolma Esaae File Number 97-E-O: %'HLVSAS. Laada lL Pocads epmtified as Executrix ofibc Eneae *[William Amid Lin Inman and was imcd Leaets TesTaromM ' co 1Narcb 14, 1997. WHEKEA.S,Ankle fV oft oel=VillandTmtt==OfWrMismDaniell�vtrnaau dcvitm a 6A6onal shale of his rexi6,xy erase ouvot to his wife Ameie Lyle Pao1 WHEREAS. Artick V of ft Lase sr•ill and TcVxncmtof William O=id Lx� dcviatb an of the rest reaid*c. and r=.iada of bis mrtz , botb ceW and pclsonal property. to die Trustee of the WiMam Da ie Uvmvsn Revocable Truss dated M2n:b 6,19K, A'HEREAS. A=ue Lylc Paul Livcm=Ddicd cu J®e 2, I M, and the is *t Will amd -+MM otMW LylePaul Liw.rae Lit boon dalyp *bnW atmd issraa'dcd bate OMM i'• yoftscCIC-kO.supa C*U t*rB=3bncouny N'QftCuolica.EauFk-N=bwW& 16'HEREAS.LindaKPwtn4S8�5frcdasFarrxrtof'���:us1 l iverman and .as issued Lamm Traazvae=y cm Jtaac 10, l ECEIVED JUL - 6 2012 WQ-WARO q�v A0% 2SI--- Z'r�592 EXMRIT A TRACT I I$ncf DecCt Mkm: Lac 6A attd 6D of Clads Fars BEING 3B of Lots 6A and 6a oftbe CLnk Fz, as ehow'o on =cp Tccardod io Plsr Cabif= F. slide 35.7, Smufon Comy Rq;6- y. Sae aho ins=== mcorded is Hook $39, page 359, Btaufort Ctxtttty Regwy_ TRACT 2 Onef Description_ Loc 3 of CU& Fans BENT C all of Lot 3 ofthc C7azk Fann, as sbDvrn an rmp rocaded m Pba CaMm 1:. slide 3i-7. Bea&cn County RC&Lry. See Also i esrwocct-orardod in Book S39, pia 555, Ben*n Ceutny Registry. TRACT3 86--D"cr4) ion Tract 2 of 3otmstan Farm BEING &V CfTraet 2 of the Icb a m Faso, ss shown on map nxntded in PW Cabinet F, alidc 35-6. Acaufon Co=q Pcgisay. See also mwuaura ftwided is $ook $76, paler 173. B=fbn Cowry Rctistry, TkACi4 4ricf Dm Apeon: Tax 2 of). E. !Mann Praperty BEl\C, aR of Tract 2 of tbc I.E. %taoa Proprony, as shown an mxp [Aoudad in Pla Catkwt F. sR& 35.5, Seaman County Rt&uv_ Scc mien irs''ummt rccoided in Book 9116, page 66C, Bcndbct County Regaw.y. � 4ui ,i in X � o r, �3 w a - Y . 91 ri / r i� • . r Y 4 ,I k .. 's!'r. _ .A .r 1 n A . k k e cc];?f',:59`E �(- P . _ � _ (SEAL) LN A K. POLI.SMG, Exeanrix Earne ofArmic Ly[c loaf L vem Au art D c - (SFJ 4 [l, A 1C PCUI= Tnn¢e of the u i:[irar Davie[ Livamaa T-ux dmd Muth 6. IW6 4&i� �,Pau MEAL LiNDA IC POUNDS.±Mace of tlr A=W L* P2W Uv=m Trost draed Mach 6. 19% STATE OF NORTH C.+.� cowry OF jLJ AK g I. a Nomy Pabkc m and fot said Sorer atd C—m do berrby —ufy dus L;mda K, urds Execaaria od the Esme of A uh= f ad L.iva== yasomIIy app=md beorc me diis dry and acknv ted$ed the forebeiilg rase WTTT SE55 my h/a�rd =/d�o}�ciai sof�a�rrp uric�e� day of.1999. — Notu 7 Public My commarion 6Tpum STATE OF NORM CAROi.MA Cov..'r yOF WAKE 1. L7f a Notcy PublW cc and for said S= aid Cowry. da hereby c='& ma L.icda Fatctir= ofthe Farm OfA=ic Lyle Prd Liverraaa pcnamlly appemtd dris dry and admo.Wdged tbo farms tratnamcilL wl1NESS my hand aad * cal s=V==W this aG day of C..0 19W pwgk �z- a out �ta^.y ?7v eommaraoa cxpmca: '...}q.r .. �.� a '1. �• � � »t. � i' Zw. t,• ... ...:,J . _S'•:i. .Xs3 .. _ _- r �1 _ _ _ s•. . ` 4 .Y r { ` V • •1 •S 1 1� s h E't I 12 7 -SOS STATE OF NORn,CAROLLMA fou-.%rry OF wAt E - - . I. K. . a NoWy P.Kk in and for said Stoc md County do baebywafy chat Ltm&)L,"nb*,Tntowofthe William Dania Lm=m Th6t ft3cd Mara 6,19% pv�y VcvW befom we this day and ad=owkdtcd zbc rMucics M=u== WITNESS y hand &W offi.W 3999. —D .vockry p4mk n avv WA�ftac My co=mil!oo ow= STATE OF NORTH CAROLINA COUNTY OF WJI-K F_ T. bq_3tl �Mawy Public is sad for 04 Stft and c*u"y' 40 hereby mdry am Ld., Tr=cc ofibc Annie 1yk Pad Lt amaa TAM dawd March 6. tMpa=_cw�" before cwchit day and wJmowkdgW ft wwsmsttcrnwi wrr\,m my hand a:,doff=asmvx=p dtis-atp4by a �qw Public My cou=l;iioa cxphts: •J ' .'i` - S' � � -�'yi_ L•� � ^!�� a �..� _ � ;�+ -' � -. .r ._ ._ .. _�.�. .. ..._ .. _T. i � � F -. � � .�t t 5 �: y ' -. 4 . i k 'i .. t i' i ]� T�� � 1� f' � •+ ,� � • � 4�~' 6 c ' ' f w � i; � I e� � ! -:` ' _ t .. .. � y !' + ., - '. 's ��ti .. :+ x .� x.. � � _ . .r __r; �. ,may._ �� _ ' .! �4 �•� PURCHMSE AGREEMENT THIS PURCHASE AGREEIv[ENT ("Agreement.") is made in consideration of the mutual agreements contained hereby as of the 4th day of May, 2012 ("Effective Date") by and between Shirley Ann 4neal, and ?Eastern Pride Inc,, or assigns (the "Purchaser"). It is hereby mutually agreed: 1. Sale. Seiler shall sell, and Purchaser shall purchase, in fee simple, and subject to and upon the follo,�,firg terms and conditions, that certain property located in .Belhaven, North Carolina. The pro;;aerty being located on U.& Highway 264 Bypass and being 0.88 acres +/-. The PIN #(s) being 15014113; the actual dimensions to be determined and subdivided during the inspectiOlL poriod by an agreement between the parties to this ag eeement based off of a survey- Both parties agree and understand that property dimensions are Iikely to and may vary from a preliminary site layout. All of the foregoing is collectively referred to as the "Property." 2. Purchase Price. - The: purchase price ("Purchase Price") for the Property shall be Ninety Five Thousand Dc Hars and Zero Cents ($95,000) and which shall be paid in lawfid money of the United Staters as folloW.: C$� 4h�r7- r s 7(a) One Thousand Dollars ($1,000) shall be paid by Purchaser to Mr. Ga=hrn�o lruSJJO hereinafter defined (the "Escrow Agent") as earnest money ("Earnest Money") upon execution of this Agreement ty Seller. This money shall be non-refundable and shall apply to the balance of the purchase price due at closing . (b) Purchaser shall pay the balance of the Purchase .Price due hereunder less adjustments and expenses provided herein, in cash, wired funds, or cashier's check at the closing. 3. Suxve ."Du-ing the inspection Period, Purchaser may order a Survey of the Property from a licensed surveyor, and, if ordered, such survey, upon receipt, must be sufficient in form and content so that the P-Luchase-es Tide Company (the "Title Company") will waive all matters of survey not ex[)ressly approved by Purchaser. In today's market Purchaser reasonably expects a survey and any required approval thereof to take approximately 60 days. If the survey (a) is not acceptable eithlrr to the Title Company or to Purchaser's Lender or (b) shows easements, encroachments or other adverse conditions which are not approved by Purchaser, t�E yti Purchaser shall have the right, on or before: the later of the end of the Inspection Period or ten (10) days following its receipt of the survey, (i) to tenninate this A.greefo =t eaW -19was dacwa er (ii) to waive the exceptions and to close this purchase Pl and sale without reduction in the: Ptirebase Price. 4. Title Insivaaace. Purchaser shall obtain, at its expense, an owner's title insurance commitment to issue a title instnance policy (Form 1970 ALTA B, or equivalent) insuring Purchaser's fee simple and easement interest (if any) in the Property in the amount of the Purchase Price. The title insurgence commitment will be issued by Title Company and will contain exceptions only for real estate taxes and assessments for the current calendar year which are not yet due and payable and arhy other exceptions Purchaser may approve in writing. If the RECEIVED JUL -6 2012 DWQ-WARD comyrntment oorllTams over excepuons IIUC acccputult W rtffun 5Cr, Men rurt wiser snau nouly Seller of such exceptions and Selly shall have the right, but not the abligation, to resolve such exceptions to the satisfaction of the Pu chasm. Notwithstanding anything herein to the contrary, title exceptions which can be curedby payment of a stated sum of money (such as mortgages, past due ad valorem taxes and essessrments constituting a lien against the Property, mechanic's and rnatexialmen's liens and judgments which have attached to and become liens against the Property), shall be paid at closing aid deducted from Seller's proceeds. If objections to the title exceptions are not resolved by the Seller withhin the time specifiers, Purchaser shall have, the right to terminate or close as set forth in Paragraph 3 herein. S. Additional D ocumen is to be Provided by Seller. Seller shall, within ten (10) business days of the date of ttas Agreement, provide copies of the following document to Purchaser for its review: (a) Th--, i host recent environmental audit (if any) or any other documents Seller knows or shoWd know to be inexistence, notwithstanding whose possession those documents are in, relating to. any cnvironrnental conditions existing or having been mitigated on the Property or any pre'perty adjacent to the Property the Seller owns- (b) A copy of any survey of the Property in Seller's possession. (c) Copie3 of arrr senice contracts aff6cting the Property to be assumed by Purchaser (if any); In the event Purchaser terminates thus Agm:ment pursuant to the terms hereof, such documents shall be promptly returned to Seller. 6. EMenses and Prorations. The expenses of this transaction and Closing proration shall be paid as follows: (a) Purchaser wi11 pay for the survey referred to in Paragraph 3; (b) Purchaser will pay for the title insurance examination fee and for the title insurance premium if this transaction closes; (c) Seller will pay for the preparation of a general warranty deed conveying the real estate compri sing the Property and other conveyance documents described in Paragraph 10(b) herein; (d) Purcbaser will. pay for and cause to have the Property so as to be able to deliver the Property to l'uv haser in fee simple with the proper zoning requirements for Purchaser's intended usage and containing the dimensions which Seller has agreed to Sell and Purchase has agreed to purchase under this Egreement. (e) . Any applicable deed Stamps, deed taxes, transfer fees, and deed recording fees shall be paid accc1rding to customary practice in North Carolina; 2 (r) ru rcoacser sna.u, pay zor any envuDnmenmi aua T ix it so cnooses to have an environment audit performed; (g) Each iparty will pay its own attorneys' fees; however, Purchaser will assist Seller in any way reasonable to mitigate its attorneys fees and 7. Brokers and Commission. NIA. S. bMectionE Period. (a) Puurbitser shall have a period (the "Inspection Period") of one hundred twenty days (120) days fro:in the Effective Date to examine the Property and all matters relating thereto. This time peiio:. being reasonable for Purchaser to satisfy any and all requirements its lenders or intended tenant;; may request and require of Purchaser. Purchaser shall promptly notify Seller following the =piration of the Inspection Period whether it will proceed to close this transaction or will terminate this Agreement Failure to give written notice within three (3) days after the expiration of the Inspection Period shall constitute approval on the part of Purchaser. If this Agreement is terminated pursuant to this subparagraph, Purchaser shah recover the Earnest Money. (b) Seller may proceed with any remedy available under the laws if this Agreement is not timely terminded by Purchaser unless (i) Seller defaults in, or is otherwise unable to perform, its obligations hereundor, (4) there is an adverse change in title, survey, environmental or other matters with respect to the Property not reflected on the documents delivered to Purchaser, (ii) Purchaser terminates this contract by means allowed under this agreement (iv) Purchaser ternimakes this Agreement pursuant to any provision permitting termination or (v) the contingencies set forth in Paragraph 24 are not satisfied- 9- IRRectiou R khts_ Purchaser., its agents, engineers, surveyors and other representatives shall have the right, during the term of this Agreement, to enter upon the Property to inspect, examine, survey and conduct .an environmental assessment of the Property and otherwise do that which, in the opii don of Purchaser, is necessary to determine the suitability of the Property for the uses intended by Purchaser and to make tests to determine the physical condition of the Property. Such tests and inspections shall not unreasonably interfere with Seller's operations or the operations of any tenant on the Property_ Purchaser agrees to indemnify and hold Seller ha»naltss from and against any damages arising directly from Purchaser's inspection and testing of the Pv)perty, which indemnity shall survive the closing or the termination of this Agreement USWE ADDENDA `A' attached and incorporated herein. 10. Closing. (a) In the: event this Agreement is not terminated as provided herein., the closing of the purchase and sale contemplated herein shall take place in escrow by mail through the parties' attorneys and financing institution on or before thirty (30) days after the expiration of the Inspection Period -!wd satisfaction of all contingencies set forth herein. (b) Al tLe closing, Seller shall execute or provide the following documents whicb shall be reasonably acceptable to both parties: 3 (r) A general warranty oeea, wmca snau oe iuuy executea, in recordable form and reasonably acceptable to the Title Compalry; (ii) An affidavit and indemnity agreement to the Title Company enabling it to issue its final title insurance policy without, exception for mechanic's or materialmen's liens, parties in possession or other off -record matters; (iii) Any reasonable instruments or documentation satisfactory to Pun haler and Title Company reflecting the proper authority of Seller to consummate the transactions contemplated by this Agreement; 11. 'Warranticm_ Seller represents and warrants to Purchaser that: (a) Seller has fill), power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. The execution and delivery of this Agreement and the consummation of the transactions contemplated hereunder on the part of Seller does not and will not violate .any provision of law and does not and will not conflict with or result in the breach of .any condition or provision of or constitute a default under, any contract, mortgage, lien, lease, agreement or other instrument to which Seller is a party or which purports to affect any of the property or :assets of Seiler. Seller is the owner of all assets comprising the Property subject to no lien: or encumbrances except for taxes for the year of closing and (insofar as the real estate comprising the Property is concerned) easements, covenants, encumbrances and re.Anctions of record- (b) Tl ,-re are no existing leases with any party entitling them to any rights or usage of the Property, Excrptfor a lease agreement -whereby Seller has agreed to lease to a Lessee the subject parcel of lw-id for the, planting and harvesting of agricultural crops It is understood that under the terms and conditions of the lease that Seller/Lessor would reimburse Lessee the full amount of cash rent and all crop expenses incurred by Lessee to the date of sell if the property was sold prior to .4ugwt 1, 2012_ It is further agreed by the parties to the lease agreement that if the property sells after August 1, 2012 that Lessee shall retain all rights to the growing crops and will be allowedto harvtnt said crops. Seller warrants that she has the right under the lease agreement to t:er;nin ate the lease with the Lessee with the effective date being the date of closing, referenced above, (a copy of which shall be attached and incorporated as a reference in this offer to purchase agreement) without penalty to Purchaser and that upon close of this property Seller will properly notify the Lessee that such lease is terminated and obtain valid release from the Lessee: for the referenced parcel. The Seller shall provide proof satisfactory to Purchaser, in Purchaser's sale judgment, that any existing lease for all or any portion or part of the Property has been teaminated as of the date of closing. Should any party come forward subsequent to Purchaser purchasing the Property from Seller and claim any leasehold rights in. the Property ,thn iugh a lease or other agreement it had with the Seller or other rightful party or seek monetary damages or specific performance from such claimed leasehold rights, then Seller agrees to deJ.esn+i such claim, hold Purchaser harmless and shall wholly and 4 fully indemnify, including reasonable legal fees and any other associated costs, the Purchaser for any damages caused to Purchaser by such claim or rights. 12. Obligafta:s of Seller. From and after the date hereof, Seller shall not enter into any leases or contracts for the provision of any goods or services regarding the Property or consent to any additioniO title exception or encumbrance which shall extend beyond the Inspection Period without th,, prior written consent of Purchaser, which consent shall not be unreasonably withheld or delayei 13. Environmental Audit. (a) Purchaser, at its sole cost and expense, shall have the right to require a reputable environmental firm to perfonn an environmental inspection and audit of the Property ("Environmental Audit") during the Inspection Period- Purchaser shall advise Seller in writing in the event the Environmental Audit reveals any items which require a remedial clean- up response pursuant to applicable federal, state or local statute, law, regulation or ordinance ("Applicable Laws") and shall sinwItaneously deliver a copy of the Environmental Audit to Seller. (la) If the, Property is in violation of any Applicable Laws or is otherwise unacceptable to Purcbaser as a re salt of the Environmental Audit, then Seller shall be obligated to either (i) incur at its expense: any cost necessary to remedy such violations or problems reflected by the Environmental Audit or to otherwise cause the Property to be in compliance with all Applicable :Laws prior to the later of the expiration of the Inspection Period or twenty (20) days following receipt of the environmental audit or (ii) terminate this Agreement by written notice to Purchaser wiUm fifteen (I5) days following receipt of the Environmental Audit. 14_ Default. (a) Im event that Purchaser defaults in the terms of this Agreement, and Seiler has not defaulted, Seller shall be entitled to declare this Agreement terminated and may recover its damages incurred anil may seek specific performance of this Agreement (b) In the event Seller defaults in its obligations hereunder and Purchaser has not defaulted, Purchaser shall be entitled to declare this Agreement terminated and may recover its damages i"ncurrvd a nd may seek specific performance of this Agree��t. 6- C kcotd e to of this e 3'l7+ e� 15_ Risk of r,oss. Seller shall maintain in full force and effect all insurance policies currently covering the Frolverty until the Closing Date. The risk of loss or damage to the Property from fire, flood, windstorm or other casualty until delivery and acceptance of the deed to Purchaser shall belong to Seller. Risk of Joss or damage to the Property after delivery and acceptance of such deed is awwned by the Purchaser. If, before delivery and acceptance of such 5 deed any condemnadon proceeding is or has been commenced or threatened wrtb respect to the Property or any casualty results .in damage to the Property or improvements thereon, Purchaser shall have the option of either terminating: this Agreement as to such portion of the Property or of completing the purchase conh-,mplated herein. In the event the Purchaser shall elect to terminate this Agreement, Purchaser sludl be entitled to the return of all Earnest Money and all parties shall r- be relieved and discharged of any further liability hereunder_ If, however, Purchaser shall elect to complete this transaction, there shall be no reduction in the Purchase Price and Purchaser shall be entitled, in the case of fire or other casuaaty, to receive from the insurance carrier all insurance proceeds or, in the case of condemnation, to receive the entire award for the Property or the portion thereof so taken- Seller shall ex-=te and deliver to Purchaser on the Closing Date all proper instrnmrltss for the assignment ancL collection of such proceeds and awards. lb. Tax-DefejTed ExchangE Should the Purchaser or Seller desire to effect a tax -deferred exchange in coimection with the conveyance of this property, Buyer and Seller agree to cooperate in effecting such exchange; provided that the exchanging party shall be responsible for all additional arc! associated costs with such exchange, and farther, that the non - exchanging party shall not assume any additional liability with respect to any such tax -deferred exchange. Purchaser and Seller shall execute such additional documents, including any necessary assignments of this purchase agreement, at no additional cost to the non -exchanging party, as shall be required to comply and (Bectuate, this provision. 17. Eindima effect. This Agreement shall be binding upon all of the parties hereto and their respective Siv= Mrs and assigns. 18. Entire Aj reemeuL This Agreement and its exhibits constitute the entire agreement of the parties, andno other slatement or representation shall be considered a part of this Agreement, or be binding: upon the parties, unless the same shall be contained herein. 19. Noticel. Any notice, request, demand, instruction or other communication hereunder shall be in writing and shall be; deemed to have been duly given if delivered in person or sent by first class, registwn d or certified mail (return receipt requested), postage fully prepaid or by Federal Express or other overnight courier or by facsimile (which term shall be deemed to include telex or teleeopy), adrire:;sed as follows: To Purchaser: Eastern Pride 1Rac.. 2405-F Nash 'Street NW Wilson, North Carolina 27896 Attention: Charlos Thomas To Seller: 6 .u:�r.,, ,.•,,..,�.:;, kdk .. ,y. .�, . � +nn.p..!d...ruir � Iry xcri,aoa�c�, The. addresses for the purpose of this pazagaph may be changed by giving notice as provided herein.. Notice shall also be deemed -to have been given upon receipt of aicwa.l knowledge by any rneans of the information contained i:a said notice. 20. Counterparts. This Agreement may be executed in any number of counterparts or duplicate originals, any one or all of which shall constitute the agreement of the parties. 21. Capti.ous. The captions contained herein are for purposes of identification and converdenee only and shall not le considered in construing #his Agreement. 22. GoveM:m Law. This Agreement shall be governed by and construed in accordance with the laws of the Stat) of NortbL Carolina. 23, Assit by,�Ptur'chaser. This Agreement may be assigned by Purchaser to an entity of which ;:"mdhaser is a member, parluer, officer or director without first obtaining written consent of Seller. Should Purchaser desire to otherwise assign this Agreement, then Purchaser shall first obtain the written consent of Seller, which consent shall not be unreasonably withheld. In the eirent of any assignment, Purchaser shall remain personally liable under this Agreement. 24. Escrow A ger Rt. N/A 25. Coatingeieb s. Purchaser's obligation to close on the purchase of the Property shall be contingent upon Purchaser obtaining a commitment for financing the purchase of the Property upon terms and amditions- acceptable to Purchaser in Purchaser's reasonable discretion within the Inspection Period. After Purchaser obtains a satisfactory commitment for financing, if the remaining contingencies in Paragraph 10 are not satisfied in a tamely manner and Purchaser's commitment for financing either lapses or is otherwise changed by the bank issuing the commitment, then Pu-chaser .,hall have the right, within ten (10) days of such occurrence, to terminate this Ag.ee»aent. IN WITNESS VVMR1,'O1P each of the parties hereto has signed this Agreement on the date shown to the right of their :rest )ectitve signatures. This Agreement shall, for all purposes, be deemed to be fully executed on the latest ox'the dates of execution shown below. Purchaser may revoke this Agreement at any time before receipt of a fully executed Agreement with exhibits attached. (S] GNAT URES NEXT PAGE] 7 1' ..I• III. ' .1�' ,�fd.= ji[W 4i�] G. Bames Boykin, -SELLER(S): $4irley Ann" )ne' al S,)rl,ey Awn 4n S. R�' ADDENDA `A' 1.. Purchaser shall have the "Due Diligence Period" as stated in the Offer to Purchase Agreement ending on the dal c stated in the Purchase Agreement This period shall run for 120 days or as dictated by th terms of this agreement. b atin :i=ti , sb Purchaser, at Purchaser's expense may perform any and all necessary tests and assessments including, btct nat limited to, environmental, soil, appraisal, or any other undertaking deemed necessary to determine if its intended usage of said piece of land is suitable and permissible. ?w chaser agrees to be held responsible for any damage to said property that may occur car bP caused by these tests. Purchaser has Seller's permission to go on said property to perform such reasonable tests, and Purchaser agrees not to unreasonably interfere with the current usage of the said property while performing these rests and assessments. If Purchaser notifies SelltT, l irior to the expiration of this inspection period, or any extensions granted or her -.in contained, of Purchaser's intention to terminate this contract, for any reason, then Pure aasar will bc: immediately released from all contractual duties and obligations under this; contract WMch shall be terminated. The inspection period shall begin the date both parties hwe sign(d, and dated the Purchase Agreement and this Addenda to the Purchase Agreement, which is being incorporated into the Purchase Agreement. 2. Seller agrees notify Purcliasox of the existence and/or to provide to Purchaser any documentation it has in its possession (if aay), or reasonably should know to be in existence, concerning en irc rimental hazards on said property, if any exist or are known to exist, including but not limited to the existence of underground storage tanks for fuel, 'home heating oil tanks, or ocher fuel or chemical storage tanks above or below ground and any remediation actions performed on suchhazards in accordance with the laws of the State of North Caroli 2a or any other governing agencies' roles and regulations with authority over such hazards. Any paperwork or information shall be turned over to Purchaser within 14 days from the day Seller executes this contract. Seller acknowledges that to the best of its knowle dge this property has not been used as a gasoline station, oil change facility or used fr. any other manner that stored, kept or used any sort of chemicals, fuels or other en-1raxonmentally hazardous substance_ By signing this agreement Purchaser agr xs and understands that Seller is not warranting or guaranteeing to Purchaser the enviromnental condition of said property_ I Seller agrees to assist Purchaser by providing to Purchaser upon request any relevant information. that Purchaser may need. in its pursuit to determine if all required local, county, state and other mgui;ating agency permits will be obtainable by Purchaser for its intended use. This incluues :reasonable assistance, at no cost to the Seller, to re -zone the property to conform and allow general retail or general commercial usage on the l�� property. Seller understands z:nd agrees that if.k urwisser is wailing on a caecasioxx uy ay • governmental or regulating agency to re -zone or issue other required building or po4strwtion pewits for Purchaser's hitended project, and that wmtuag time exceeds the Inspection Period, then the, Inspection Period referenced above shall automatically extend +for 30 (thirty) days beyoni3 ti..e expiral:ion of the Inspection Period with all terms and J` conditions in full force and a ect Should the Purchaser still be waiting on the .� goversamenW or regulating 2Luthority to issue specified permits after the automatic 30 #` day extension of the Inspection Period expires, then Purchaser shall have the period extended 30 more days if the Purchaser has timely applied for and is waiting on any necessary governmental or regulating authority to issue said permits. Purchaser agrees and consents to put forth,i good faith effort in its attempt to obtain said requisite construction permits, inchidiag but not limited to driveway, storm -water or other related sill' permits necessary to irnprovc. the property in accordance with Purchaser's intended -use. %n no (C'W 6k&Z ZV„Cor,&ur b.c elnhnl4A Mdr-t *4&A },sc (z] 4. Seller agrees to hold in confidence any purported use of this land, unless Purchaser gives Seller express written peraahmon to disclose during the inspection period and any �x extensions thereof: Selewj.11 -j� r a€e7'f9=.y 5 5. THIS ADDENDA, is to be included and incorporated into this Offer to Purchase Contract, signed and dated by the Puurchaser May , 2012; and if any part or portion of this agreement becomes illegal or :is deemed to be illegal all other portions not so deemed will stand and bt in full force and effect. TITS CONTRACT, will be execrated in duplicate originals with fire ;3eller and Purchaser each retaining a copy. Purchaser Date E�SteM 'de 'lnc. Seller Date��5-j,�, Shiba _ lineal 12-