20202024 Ver 1_Pre-Filing Meeting Request_20201227

ID#* 20202024 Version* 1
Regional Office* Mooresville Regional Office - [phone]
Reviewer List* Alan Johnson
Pre -Filing Meeting Request submitted 12/27/2020
..........................................................................................................................................................................................................................................................................................................................................................
Contact Name * Erroll C Sult Jr (Cliff Jr)
Contact Email Address* [e-mail]
Project Name* Dock Rebuild - 17618 Randalls Ferry Rd, Norwood, NC 28128
Project Owner*
Project County*
Owner Address:
Erroll C Sult Jr (Cliff Jr)
Stanly
Street Address
7200 Devonshire Dr
Address Line 2
aty
Kannapolis
Fbstal / Zip Code
28081
Is this a transportation project?* r Yes r No
State / Province / Region
NC
Country
USA
Type(s) of approval sought from the DWR:
r- 401 Water Quality Certification - F- 401 Water Quality Certification -
Regular Express
W Individual Permit r- Modification
r- Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
Do you know the name of the staff member you would like to request a meeting with?
N/A
Please give a brief project description below.

We plan to tear down and rebuild our dock on Lake Tillery at the
below address:
17618 Randalls Ferry Rd,
Norwood, NC 28128
The reason is the existing dock supports have some serious decay.
our plan is to make a nicer more sound structure.
We are available at your earliest convenience. We do not plan to
make any changes to the shoreline stabilization at this time. Our
existing shoreline stabilization is a wooden seawall.
i have attached documentation that we have submitted to Duke
Energy for our permit to rebuild the dock. We are not sure what we
want to do requires a NC401 but we want to submit just in case.
Please advise if we need an NC401 if so please schedule us a time
for a meeting at your earliest convenience.
I can also be reached by Phone at: 704-534-5340
Please give a couple of dates you are available for a meeting.
1 /15/2021
1 /22/2021
1 /22/2021
1 /27/2021
2/1 /2021
Please attach the documentation you would like to have the meeting about.
17618 LOT SURVEY 20082-Model.pdf
127.02KB
17618 Pier constructionapp.pdf
684.92KB
17618 shoreline-access-lease.pdf
202.39KB
20201227 Dock Design.pdf
52.31KB
GIS Arial 17618 Randalls Ferry Rd, Norwood,
39.47K6
NC 28128.pdf
Lease - Sult.pdf
122.81 KB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.

Signature
Submittal Date 12/27/2020

I, JAMES RICHARD HARRINGTON, CERTIFY THAT THIS MAP
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL
FIELD SURVEY DONE UNDER MY SUPERVISION AND THE
RATIO OF PRECISION, BEFORE ADJUSTMENT IS 1:10,000+
PRELIMINARY ONLY
JAMES RICHARD HARRINGTON, NCRLS L-2511
RAILROAD O I rn SPIKE FOUND
IAe 60 FFRR o
S c�w y ROgo
\ 206
LEGEND...
C/L
= CENTERLINE
R/W
= RIGHT-OF-WAY
CMF
= CONCRETE MONUMENT
N/F
= NOW OR FORMERLY
IRS =
IRON ROD SET
IRF =
IRON ROD FOUND
IPS =
IRON PIPE SET
IPF =
IRON PIPE FOUND
D.B.
= DEED BOOK
P.B.
= PLAT OR MAP BOOK
PG. =
PAGE
NS =
NAIL SET
NF =
NAIL FOUND
OHP
= OVERHEAD POWER
*
= POWER POLE
C.P.
= CALCULATED POINT
PIN =
PARCEL ID NUMBER
LOCATION MAP
NATHANIEL C.
HOUSE III &
AMY A. HOUSE N/F
D.B. 1025 PG. 891
LOT 136 OF
P.B. 5 PG. 206
PIN 657503120370
/ LAKE �pPS�G
/TILLERY
DUKE °
ENERGY IRS
/ PROPERTY ,
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S 88`24'18" E IRS N t�2 S 9• . TILLERY
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JOSEPH B. &
MARY L. VAUGHAN N/F
D.B. 669 PG. 106
LOT 134 OF
P.B. 5 PG. 206
PIN 657503122116
IPF \�q\N 6,9.
BENT \2521
714 9s w
OHP - \
CMF
JAMES R. HARRINGTON SURVEYING
P.O. BOX 362
WADESBORO, NC 28170
704-694-3116
704-694-7823 (fax)
GRAPHIC SCALE IN FEET
:RY 20 0 10 20 40 80
1 inch = 40 feet
N 6'SZ9p8
CMF
DISTURBED S).
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PROPERTY ADDRESS:
17618 RANDALL'S FERRY RD.
NORWOOD, NC 28128
Z LO N
CLm�
IF THIS MAP DOES NOT HAVE AN ORIGINAL SIGNATURE
AND SEAL, IT IS NOT VALID.
ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
EASEMENTS AND RIGHT-OF-WAYS NOT SURVEYED, UNLESS
NOTED OTHERWISE.
UNDERGROUND UTILITIES, TANKS, AND OR LINES NOT
SURVEYED UNLESS NOTED OTHERWISE.
THIS MAP IS FOR THE EXCLUSIVE USE OF THE ORIGINAL
PURCHASER OF THIS SURVEY AND IS NOT TRANSFERABLE
TO SUBSEQUENT OWNERS OR ADDITIONAL INSTITUTIONS.
AREA COMPUTED BY COORDINATE METHOD.
NO NCGS MONUMENT FOUND WITHIN 2000'.
THIS MAP NOT FOR RECORDATION.
PROPERTY ZONED R-20 (LAKE FRONT).
SETBACKS:
FRONT - 30'
SIDES - 15'
REAR - 10' FROM BOUNDARY
40' FROM SHORELINE
30' VEGATATIVE BUFFER MEASURED
HORIZONTALLY FROM SHORELINE
BOUNDARY & LOCATION SURVEY
FOR
ERROLL C. SULT, JR. & WIFE,
CHARLOTTE C. SULT
EAST CENTER TOWNSHIP STANLY COUNTY NC
SCALE 1" = 40' NOVEMBER 3RD, 2020
DATE: 1 1-03-2020 J. RICHARD HARRINGTON DEED BOOK 1711 , PAGE 472
NCPLS 2511
JOB NUMBER: 20082 SCPLS 10037 DRAWN BY: MATT

DUKE ENERGY INTERNAL USE ONLY Lake Permit
Application
version 20c
Duke Energy Lake Services
Mail Code EC12Q
526 S. Church St.
Charlotte, NC 28202
Date Received App Fee Amt
Site ID HEP Fee
I.APPLICANT / PROPERTY OWNER INFORMATION (property owner mailing address and contact information)
Name* Primary Phone*
Address* Secondary Phone
City* State* Zip Code
Email
II.LAKE PROPERTY INFORMATION (location of permit)
Is there an existing dock or other facilities
along the shoreline property or over the Lake? If yes, include Dock Tag #. If tag
cannot be located, note that here. *
Address* County*
City* State* Zip Code* Lake*
Lot(s)
Latitude (e.g. 35.12345)*
Example service: http://getlatlong.net/Longitude (e.g. -80.12345)*
III. PROPOSED ACTIVITY (check all that apply)
New/Modification of Existing Structure
N ew/Modification of Existing Shoreline Stabilization
Transfer of Ownership
Maintenance of Existing Structure
Maintenance of Existing Shoreline Stabilization
Other (Describe below. If the activity involves an irrigation
withdrawal, include the pump capacity.)
Yes No
Materials
Describe briefly the
existing structures
over land and water
(include sq ft)
Latitude and longitude of the property. Please use a service/software to acquire the location information. Values should be provided
in Decimal Degrees format (35.1245).
No
Yes
Brief Description of
the Activity
Shoreline Stabilization
Structure size
(square feet)
Length of
stabilization (feet)Distance from shoreline (feet)
Number of slips
Number of jetports
Is dock covered?
Is structure a common use dock?Yes* No
*If yes, see special note in Section VII
Subdivision
(check box if you want a copy
of permitting history )
IV.Additional Requirements (Include with application; limit document sizes to 11" x 17" or smaller)
V.Application Processing
•Application is reviewed and determined if complete. Fields with an asterisk are required.
•If application is not complete or does not include all items and information listed in the checklist, the application
will be returned as incomplete.
•A Duke Energy representative will visit the site to conduct a visual inspection.
•Applicant/Property Owner will be notified of approval or denial, typically via email.
VI.Directions by Road
Directions by Road*
VII.Application Submission
Please complete, print and sign this application. Then enclose all items required per Section IV above and submit to the
address below.
Duke Energy Lake Services
Mail Code EC12Q
526 S. Church St.
Charlotte, NC 28202
Name
SignatureAddress
Signature
I agree the information contained within is accurate: Property Owner Signature *
Common Use Dock Co-Owner Signature(s) and Information (all owners of common use docks must submit a signed User's Agreement and application fee) Attach additional sheets if there are more co-owners
Name
Address
Plan and profile drawing showing all measurements, elevations, and irrigation line routing (not required for transfer or shoreline stabilization)
Local and state permits (contact your county for all structure applications in NC; Tega Cay, SC; Kershaw County, SC; NCDWR approval required for shoreline stabilization in NC; not required for other applications)
Survey stamped/signed by a professional licensed surveyor showing the location of the existing or proposed structure and/or survey of the existing or proposed stabilization (not required for transfer)
Application fee (check only, payable to Duke Energy)
Signed User's Agreement Letter
Habitat Enhancement Program payment (required only for
New/Modified structures at Catawba-Wateree and
Keowee-Toxaway lakes and shoreline stabilization at
Keowee-Toxaway)
You must include the following items with your application (unless specifically excluded for your application type).
Gate Code
Page 1 of 5
Rev 5/26/2020
DUKE ENERGY PRIVATE FACILITIES
“APPLICANT’S USER AGREEMENT”
(Fill in blanks with required information. Please Print)
________________________________________________________________________
Date _________________
TO: Duke Energy
c/o Lake Services - EC12Q
526 S. Church Street
Charlotte, NC 28202
RE: (Lake Name) _____________________________________
(Lake Address) __________________________________
___________________________________
(Applicant’s full name) _________________________________________________ hereby
agrees to comply with all requirements and conditions set forth by Duke Energy Lake Services
(“Duke Energy”), and any federal, state or local agencies pertaining to my/our application to
construct and/or maintain a
(collectively, the “Facility” and together
with the right to use any Facility the “Permitted Use”) on Lake ___________ (“Lake”).
In addition, I/we have read and agree to comply with Duke Energy’s applicable shoreline or lake
guidelines (collectively, the “Guidelines”) and understand that written authorization must be
obtained from Duke Energy prior to beginning any activity or construction, including changes to
land form such as grading, excavation, or filling, within the area subject to the Guidelines.
Approval of the Permitted Use is granted and maintained solely at Duke Energy’s discretion. I/we
understand the Permitted Use may be revoked at any time by Duke Energy or its successors for
any reason whatsoever. If the approval is revoked, I/we agree to remove the Facility at my/our
own expense within the specified timeframe set by Duke Energy.
I/we will complete construction approved as a result of my/our application as described in the
approved application and within twelve (12) months following the date of approval by Duke
Energy. Failure to complete construction within the 12-month build-out period or any Duke
Energy approved extension will require me/us to file a new application that complies with the then-
current Guidelines. I/we agree to notify Duke Energy when construction is completed and during
the construction period, I/we will post the Duke Energy approval provided by Duke Energy at the
job site visible from the Lake.
Page 2 of 5

Rev 5/26/2020

I/we attest to be the owner or lease holder of the tract of land immediately adjoining the area subject
to the Guidelines where the Facility is to be constructed. I/we understand the physical location of
my/our lot in relation to the common property line with Duke Energy (if any), the Federal Energy
Regulatory Commission (“FERC”) or non-FERC Project Boundary (as applicable), and all deeded
flood easements.

I/we understand the Lake was constructed as a working reservoir for the primary purpose of
producing cost-effective electric energy and that this remains the Lake’s primary purpose. There
will be no change in reservoir operations as a result of the construction or use of my/our Facility.
I/we acknowledge Duke Energy provides no guarantee of any specific quantities or quality of water
in the Lake. I/we understand Lake levels will rise and fall over time in response to weather events
and reservoir operations and Duke Energy does not guarantee the Facility or Lake will have
sufficient water depth to be accessible by boat or for other water-related activities or uses.
Furthermore, I/we understand that the approval of my/our Facility is for compliance with the
Guidelines and other Duke Energy documents related to the Permitted Use and is not a statement
by Duke Energy that the Facility is acceptable to any other governing body (i.e. a local land use
agencies), nor that the Facility will withstand any wear and tear; weather events; or reservoir
operations.

I/we understand during drought conditions Duke Energy may request reduced usage or
discontinued usage of any water withdrawal or related systems, until such drought conditions
improve. Failure to do so may cause possible removal of the system or any other Facility that I/we
may have. The costs associated with removal of any Facility or non-permitted improvement will
be assessed to the lot owner.

I/we understand the Facility to be installed and maintained are my/our property and I/we therefore
agree to be fully responsible for the Facility including maintaining the Facility in good repair. If
the Facility is deemed by Duke Energy to be unsafe or non-compliant with the Guidelines, I/we
agree to repair or remove the Facility at my/our own expense and within the specified timeframe
set by Duke Energy.

I/we understand I/we may need to obtain approvals from other entities including, but not
necessarily limited to, governmental agencies, quasi-regulatory agencies, homeowners’
associations, and others to authorize my/our Facility or Permitted Use.

I/we understand ownership/interest in a Common Use Facility or residential marina eliminates the
option of having a separate private facility on my/our owned or leased lot within the affected
subdivision.

I/we understand lake use permit holders have the authority to take reasonable and legal steps to
prevent others from trespassing on the Facility. I/we also understand, however, that I/we do not
have any authority to impede anyone from pursuing lawful public recreation or enjoyment of lands
and waters subject to the Guidelines. Except as specified otherwise in the Guidelines, other Duke
Energy documents (e.g. Public Safety Plans), or a separate lease agreement, public recreation and
enjoyment includes, but is not limited to, fishing around/under facilities built by others,
Page 3 of 5

Rev 5/26/2020

walking/wading/fishing within the area subject to the Guidelines, and boating in the Lake’s waters
without having to get anyone’s permission to do so.

I/we understand Duke Energy approval of the Permitted Use in no way constitutes assignment of
any interest in real property Duke Energy may have (i.e. land rights).

I/we agree to exercise all care and due diligence to preserve and maintain the character of the area
subject to the Guidelines. I/we agree to comply with the Duke Energy vegetation management
requirements as stated in the Guidelines. I/we agree further to not allow sewage, including
discharge from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other
waste material to be discharged or dumped into the reservoir, tributaries or property subject to the
Guidelines.

I/we understand the Facility shall be used only for the purposes described in the information
submitted to Duke Energy and other appropriate governing bodies for approval. I/we agree the
Duke Energy property and the land subject to the Guidelines shall be used exclusively for non-
commercial recreational purposes and that I/we shall not rent or otherwise allow third parties
(except for temporary use by guests, family members, and leaseholders of the residential property)
to use the Facility.

I/we acknowledge I/we are responsible for the locating of any submerged utility lines extending
from my/our upland property into the reservoir and ensuring the construction and operation of
my/our Facility avoids adverse effects to said submerged utility lines.

I/we understand trees and vegetation growing within the area subject to the Guidelines play an
important role in the overall environmental condition of the Lake. The ecological benefit the
vegetation has on the fish and wildlife habitat supports a sound and healthy Lake environment.
I/we also understand unauthorized removal of shoreline vegetation or the disturbance of the
shoreline buffer is not permitted. Unauthorized removal or disturbance may result in the
permanent revocation or temporary suspension or denial of lake use permitting requests for me/us
as well as future owners and lease holders. If the removal or disturbance is found to be in violation
of the state or county watershed buffer regulations or Duke Energy’s vegetation management
requirements as stated in the Guidelines, I/we may be required by Duke Energy to re-establish the
vegetation.

I/we understand every reasonable effort must be made to minimize adverse impacts on fish,
wildlife, and other natural resources. I/we agree to maintain any prescribed mitigation activities
that are required in order to gain approval for Facility construction, as long as the Facility exists.

I/we agree that if any historic or archaeological resources are discovered during construction of a
Facility I/we must stop work immediately and contact Duke Energy. I/we understand that in the
event that anyone discovers a potential site of archaeological or historic significance (whether
during construction or not) including any gravesite within the area subject to the Guidelines, the
individual must immediately notify Duke Energy.

Page 4 of 5
Rev 5/26/2020
I/we acknowledge Duke Energy has the right to charge reasonable user’s fees for private use of
the area subject to the Guidelines and failure to pay any applicable user’s fees in a timely manner
can result in the suspension or cancellation of any previously approved lake use permit.
I/we understand Duke Energy representatives may issue Stop Work Directives for any violation(s)
of the Guidelines or engagement in prohibited acts or activities as specifically identified in the
Guidelines. I/we understand persons found to be in violation will be subject to Duke Energy
sanctions which can include, but are not necessarily limited to: 1) restoration of the impacted area
at the person’s expense; 2) loss of consideration of future lake use permitting activities for me/us
as well as future owners and lease holders; 3) permanent revocation or temporary suspension of a
previously issued permit for me/us as well as for future owners and lease holders; 4) increase in
fees; 5) modification or removal of non-complying facilities; and/or 6) further legal action being
taken by Duke Energy.
I/we agree to comply with all applicable FERC orders (as modified or interpreted by FERC), with
all other applicable FERC Rules and Regulations implemented by Duke Energy, and with all rules
or regulations imposed on Duke Energy by any governmental agency. I/we agree not to allow any
use of Duke Energy’s property, and will exercise due care and diligence to prevent all other persons
that are affiliated with my/our property (including invitees, family members, guests, etc.), to
violate an applicable federal, state or local law or regulation. Examples include, but are not limited
to nudity, illegal discharge of firearms or fireworks, controlled substance abuse, public
drunkenness, public urination or defecation, or other activities determined to be a nuisance by law
enforcement officials.
I/we specifically waive any claim against Duke Energy for consequential damages arising out of
or relating to this application, Duke Energy’s approval or denial of it, or subsequent revocation of
approval, and I/we specifically understand and acknowledge that, because Duke Energy can revoke
the permitted use at any time, I/we am/are not entitled to reliance damages.
I/we agree for myself/ourselves, members of my/our family, guests and invitees that I/we assume
all risks of personal injury or property damage incident to my/our occupancy and use of land owned
by Duke Energy or any land subject to the Guidelines, including, but not limited to, any personal
injury or property damage which may be sustained as a result of flood waters or in connection with
the rise and fall of water in the reservoir as a result of floods or of the operation of Duke Energy’s
reservoirs. I/we as the adjoining property owner(s) further agree I/we will indemnify, protect,
defend, and save harmless Duke Energy from any and all loss, cost, claims damages, expenses,
judgments and causes of action for all injuries and damages sustained by the members of my/our
family, guests, and invitees arising or claimed to have arisen in connection with their occupancy
or use of the Facility(s).
I/we agree if any action is taken by Duke Energy to enforce any provision, covenant or agreement
contained in this user agreement or the Guidelines or if Duke Energy is required to retain an
attorney to enforce any provision, covenant or agreement contained in this user agreement or the
Guidelines (including, without limitation, the payment of fees due hereunder or the removal of an
encroachment constructed in violation of this user agreement or Guidelines), then Duke Energy
shall be entitled to recover all of its reasonable costs associated with such an action to the extent
Page 5 of 5
Rev 5/26/2020
permitted by law, including but not limited to, attorneys' fees and court costs incurred in such
action and/or enforcement.
I/we agree to fully disclose all information regarding the Facility to any prospective
buyer/leaseholder of the property and any new owner/leaseholder. I/we agree to notify Duke
Energy immediately of any sale or transfer of the property, including the name and address of the
new owner and to transfer the permit or Duke Energy lease to the new owner.
Applicant Name Applicant Signature
Lake Street Address Home Mailing Address
City/State/Zip Code City/State/Zip Code
Preferred contact Phone Number Home Phone Number
Email Address Date
09/19/2020
Duke Energy Lake Services
1-800-443-5193
[e-mail]
Application for Shoreline Access Lease
I.Applicant Information (please type or print)
Applicant Name(s):
Billing Address:
City: State: Zip:
Phone:
Email Address:
II.Applicant’s Lake Property Information (please type or print)
Lake: Tillery Robinson Belews
Date Property Acquired:
Property Street Address:
City: State: Zip:
Subdivision: Lot No.(s): Township:
Telephone: County:
Parcel Identification Number (Contact your county tax office or GIS Maps):
Is there a livable dwelling on your property?
Is there a lake water withdrawal system?
III. Facility Information on Leased Property (i.e., structures, boat house, dock, seawall, etc.)
Are there facilities currently on the leased
property or over the water of the Lake? Yes No (If yes, you must also submit a Lake Permit Application & User's Agreement to
transfer the facilities to you)
IV. Checklist of Required Enclosures
Lease Application Signed by Property Owner(s)
$350 Lease Application fee when existing facilities need to be transferred or a $100.00 Lease Application Fee for Lease only
where no facilities exist (check or money order payable to Duke Energy)
Copy of Most Recent Plat Map or Survey
Copy of Recorded Deed (Available from the County Register of Deeds)
Copy of Declaration of Liability Insurance with Duke Energy listed as additional interest (Personal or General liability insurance with
$300,000 per occurrence)
Lake Permit Application & User's Agreement (Only required to transfer an existing dock or other structures into your name. You should
provide photos of existing structures, a signed User Agreement letter; and a sketch (not an engineered drawing) of the existing structures; you are not required to submit the other documents listed in Section VI of the Lake Permit Application.)
For Duke Energy Internal Use Only:
Date Received: Application Complete:
Amount Paid/Check #: Site ID:
Lease #: Dock/Tag #:
Previous Lessee Information:
EAST CENTER TP
657503120291
XX
Rev Date: 3/18/2020
V. Submit to
Duke Energy Lake Services
EC12Q
526 S Church Street
Charlotte, NC 28202
VI. Lease Application Review Process
•Duke Energy will review your application to determine if it is complete.
•If your application is not complete or does not contain all the items and information listed in the VI. Checklist of Required
Enclosures, the application will be returned as deficient.
•If the application is complete, a site visit may be scheduled to document existing structures on leased property, tag theexisting facilities, and to verify compliance with applicable laws, regulations and Duke Energy requirements. This site visit
may generate questions or concerns that will need to be addressed by applicant(s).
•Once questions and/or concerns have been properly addressed, a lease will be sent to applicant(s) for execution.
•The lease must be signed by the applicant(s) and returned to Duke Energy.
VIII.I/we certify that I/we are the legal owners of the property described above.
(Signature) (Print Name) (Date)
(Signature) (Print Name) (Date)
VIII. Additional Notes or Comments
For questions concerning the completion of this application, please contact us at [e-mail] or toll free at 800.443.5193.
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Rev Date: 5/22/2020
Page 1 of 9
Site: 104543
Land Unit: 1183855
Project Number: 104543-464277

STATE OF NORTH CAROLINA
TILLERY
SHORELINE ACCESS LEASE
COUNTY OF STANLY

THIS TILLERY SHORELINE ACCESS LEASE (“Lease”) is made as of this 30th day of November, 2020 (the
“Effective Date”), by and between DUKE ENERGY PROGRESS, LLC (“Lessor”), and Cliff Sult Jr &
Charlotte Sult (whether one or more, “Lessee”), with a mailing address of 7200 Devonshire Dr, Kannapolis, NC
28081.

For and in consideration of the covenants and agreements hereinafter set out to be kept and performed by
Lessee, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby
acknowledged, Lessor has agreed to lease, and does hereby lease to Lessee, for recreational purposes only, upon
the conditions hereinafter set out, the Leased Premises (as defined below).

1. The Leased Premises.

a. Lake Tillery is that area of land encompassed within the Federal Energy Regulatory Commission
(FERC) Project Boundary of Lake Tillery (the “Lake”).

b. Lessee owns that tract of land being Lot No. 135 , as shown on that map recorded in the office of
the Register of Deeds of Stanly County in Plat Book 5, Page 206 (“Lessee’s Property”).

For informational purposes only:
Physical Address: 17618 Randalls Ferry Rd, Norwood, NC 28128
Tax Parcel: 657503120291

c. The “Leased Premises” is that area lying between Lessee’s Property and the shoreline of Lake
Tillery together with all improvements thereon. The landside boundary of the Leased Premises is the
property line of Lessee’s Property. The lakeside boundary of the Leased Premises is contour elevation
278.2 feet above mean sea level. The side boundaries of the Leased Premises are derived by extending the
side boundaries of Lessee’s Property to the shoreline of Lake Tillery, unless an allocation line is depicted
on the survey referenced in Section 1.b. above.

2. TERM. The term of this Lease shall commence on the Effective Date and expire at 12:00 midnight 365
days later (the "Initial Term”) unless sooner terminated in accordance with this Lease. Upon expiration of the Initial
Term and provided Lessee is not in default, this Lease shall continue until either party shall give at least sixty (60)
days prior written notice to the other of its intent to terminate this Lease (the Initial Term and such successive
periods are collectively referred to herein as the "Term"). In the event this Lease shall continue beyond the Initial
Term, it shall be upon the same terms and conditions contained herein except for the Rent (as defined below), which
shall be adjusted pursuant to Section 3 hereinbelow. This Lease shall create the relationship of landlord and tenant
only between Lessor and Lessee.

3. RENT. Beginning on the Effective Date and continuing for a period of one year thereafter ("Base Rental
Period"), Lessee shall pay Lessor annual rent in the sum of $230 ("Base Rent"). After expiration of the Base
Page 2 of 9

Rental Period, Lessor may increase the amount of the Base Rent on an annual basis and from time to time during
the Term of this Lease. Lessor shall give Lessee written notice of any increase in the Base Rent at least sixty (60)
days prior to the effective date of any such increase (such Base Rent, together with any increases in the amount of
Base Rent during the Term, and any other sums owed or due to Lessor hereunder, collectively referred to herein as
"Rent"). Lessor will invoice Lessee annually and Lessee shall pay Rent within sixty (60) days of Lessee’s receipt
of such invoice. Lessor may, in its sole discretion impose a two percent (2%) per month late payment fee to be
added to the Rent for each month the Rent is not paid in full. Lessee shall pay Lessor a $15.00 processing fee for
each check of Lessee that is returned by a financial institution because of insufficient funds or because Lessee did
not have an account at the financial institution. Acceptance by Lessor of any payment from Lessee hereunder in an
amount less than that which is currently due shall in no way affect Lessor’s rights under this Lease and shall in no
way constitute an accord and satisfaction.

4. PERMITTED USES. Subject to the provisions of this Lease, the Leased Premises may be used by Lessee
as an appurtenance to Lessee’s Property for non-commercial recreational purposes associated with single-family
residential use of Lessee’s Property. Lessee shall comply with Lessor’s Shoreline Management Guidelines or Use
of Shoreline Guidelines, as amended from time to time (collectively, the “Guidelines”), the current versions of
which are available on Lessor’s public website (the current link for which is https://www.duke-
energy.com/community/lakes/services/yadkin-pee-dee). Lessee acknowledges that Lessee has read and
understands this Lease and the Guidelines and agrees to comply with all terms and conditions thereof.

5. LAKE DISCLOSURES. Lessee understands and acknowledges that Lessor specifically makes no
promises, covenants, representations, warranties or guarantees (express or implied) regarding:

a. The continued existence and maintenance of the Lake, including, without limitation, the continued
maintenance by Lessor of the dam and other facilities owned or operated by Lessor

b. The purity or any other characteristic of the water or the shoreline. Lessee understands and
acknowledges that Lessor uses the Lake for the primary purpose of generating electric power and for
certain other industrial uses of the Lessor.

c. The maintenance of any particular water level at any time or during any season. Lessee understands
and acknowledges that the water level may fluctuate significantly from time to time in connection with
Lessor’s electric power generation activities. In that regard, Lessor reserves a right to flood the Leased
Premises from time to time during the term of this Lease.

d. The suitability of the Lake for recreational activities. Lessee agrees that Lessor shall in no way
become obligated by this Lease to manage or control the Lake for recreational use.

The foregoing disclosures in clauses (a), (b), (c) and (d) in this Paragraph 4 are sometimes hereinafter referred to
collectively as the “Lake Disclosures.” Accordingly, Lessee shall not have or be entitled to assert any claim for
damages or any other remedy against Lessor relating to or arising from any act or omission of Lessor that is
encompassed by the Lake Disclosures. By Lessee’s execution and delivery of this Lease, Lessee hereby voluntarily,
knowingly and intelligently waives all claims for damages and all other remedies against Lessor relating to or arising
from any act or omission of Lessor that is encompassed by these Disclosures

6. POWER PLANT DISCLOSURES & WAIVERS. Lessee understands and acknowledges that the Lake
was created and is used by Lessor in connection with Lessor’s generation of electric power. Such electric power
currently is generated by Lessor’s existing generating station (the “Existing Power Plant Facilities”); however,
Lessor has informed Lessee that Lessor may desire to construct and operate one or more additional power plant
facilities (the “Additional Power Plant Facilities”) at or near the Lake in the future. Lessor also has disclosed to
Lessee that, subject to applicable governmental limits, (i) the Existing Power Plant Facilities create noise and air
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pollution and thermal pollution of the waters of the Lake and (ii) Additional Power Plant Facilities may result in
additional noise and air pollution and may result in additional thermal pollution of the waters. Lessor has a
significant financial and economic interest in the future of the Lake as a resource for generating electric power,
using both the Existing Power Plant Facilities and possible Additional Power Plant Facilities.

7. GUIDELINES. Lessee, Lessee's family, employees, invitees, licensees, contractors, agents and permitted
assigns shall comply with and abide by the Guidelines.

8. ASSIGNMENT. Lessee shall not transfer, mortgage, encumber, assign, or sublet all or any part of the
Leased Premises without Lessor's prior written consent, which may be given or withheld in Lessor's sole discretion.
Upon such approved assignment or subletting, Lessee shall not be relieved of any liabilities or obligations to Lessor,
but shall be and remain primarily liable to Lessor for all Rent and performance of all obligations of Lessee
hereunder. Consent by Lessor to one assignment or subletting shall not be deemed consent to any subsequent
assignment or subletting.

9. TAXES/UTILITIES. Before delinquency, Lessee shall pay (a) that portion of ad valorem property taxes
assessed against the Leased Premises by any governmental authority having jurisdiction over the Leased Premises
which pertain to any structure, facility or other improvement of Lessee located at or upon the Leased Premises; and
(b) all other taxes assessed by any government authority having jurisdiction over the Leased Premises, including
but not limited to, taxes levied upon any structure, facility, or personal property of Lessee located at or upon the
Leased Premises. Lessee shall deliver proof of such tax payment(s) to Lessor upon request. Lessee shall pay when
due the costs of all utility services to the Leased Premises including, but not limited to, water, electric, and telephone.

10. USE OF LEASED PREMISES. Lessee shall use the Leased Premises exclusively for recreational
purposes. Lessee shall not use the Leased Premises for any unlawful, offensive, or immoral purpose and shall not
occupy said Leased Premises in such a way as to constitute a nuisance, endanger health, or otherwise be
incompatible, as determined by Lessor in its sole discretion, with Lessor’s overall use of its property and facilities
in and around the Lake. Lessee shall exercise due care and diligence to prevent any person from engaging in any
unlawful, offensive, or immoral act on the Leased Premises. Lessee's use and enjoyment of the Leased Premises
and of Lessee's rights under this Lease shall comply, and shall cause the Leased Premises to comply, with all
applicable Federal, State, and local laws, rules and ordinances. Lessee, Lessee's family, employees, invitees,
licensees, contractors, agents and permitted assigns shall engage in hunting, fishing, boating and other recreational
activities upon the waters of the Lake and the Leased Premises only to the extent and in the manner allowed by law,
governmental authorities having jurisdiction over the Leased Premises, the Lake, and the Guidelines.

11. MAINTENANCE AND CARE OF LEASED PREMISES. Lessee shall not disturb any natural
vegetation and shall not remove or otherwise destroy any trees or timber located upon the Leased Premises without
Lessor's prior written consent which may be given or withheld in Lessor's sole discretion. Lessee shall exercise due
care and diligence to preserve and maintain all trees, wood, and timber on the Leased Premises and shall not commit,
or permit other persons to commit, acts of waste thereon. Lessee shall be responsible for maintaining trees located
on the Leased Premises in a safe condition at all times. Subject to Lessor's prior written consent as provided above,
Lessee shall be responsible for removing (and all costs associated therewith) any tree, or portion thereof, which
reasonably presents a danger to human life or any structure located on the Leased Premises, adjoining land or Lake.
Lessor may require Lessee to establish natural ground cover and/or natural vegetation upon the Leased Premises
(or portion thereof), including the planting of trees, at any time during the Term of this Lease. Lessee shall keep the
Leased Premises in a clean and safe condition and shall not cause, permit or allow any unsanitary or unsafe condition
thereon. Lessee shall dispose of all garbage, refuse or other waste in a clean and safe manner and shall comply with
all applicable laws, rules and ordinances concerning disposal and collection of such waste. Lessee shall not dispose
of (or by any other means place in or permit to enter) any trash, leaves or grass/yard clippings into the Lake.

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12. ALTERATIONS AND IMPROVEMENTS. Lessee shall not construct or otherwise establish any
dwelling upon the Leased Premises. Subject to the terms and conditions herein and the Guidelines, Lessee shall not
construct any structure of any nature whatsoever or make any alteration, improvement, addition, removal, or utility
installation upon the Leased Premises without Lessor's prior written consent, which may be given or withheld in
Lessor's sole discretion.

13. RIGHT OF ENTRY. Lessee shall permit Lessor and Lessor's officers, agents, employees and contractors
to enter the Leased Premises at any and all times for the purpose of inspecting the Leased Premises and Lessee's
compliance with the terms and conditions of this Lease. In the event damage occurs to the Leased Premises or the
Lake and Lessee fails to take any assessment and remedial actions as required by this Lease, Lessor may, but is not
obligated to, enter the Leased Premises and take such actions. In such event, Lessee shall indemnify Lessor from
any and all costs incurred by Lessor as set forth in this Lease and shall release Lessor from any and all claims arising
from or related to Lessor's entry onto the Leased Premises and completion of such actions. Lessor has no obligation
to make an inspection of the Leased Premises.

14. LIENS. Lessee shall not permit any mechanics', materialmen's or other types of liens whatsoever to be filed
against all or any part of the Leased Premises, nor against Lessee's leasehold interest in the Leased Premises, by
reason of any claims made by, against, through or under Lessee. If any such lien is filed against the Leased Premises,
Lessee shall cause the same to be discharged of record within ten (10) days after filing thereof. If Lessee shall fail
to discharge such lien within said ten (10)-day period, then Lessor may at its election, in addition to any other right
or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge
by giving security or in such other manner as may be allowed by law. If Lessor acts to discharge or secure the lien,
then Lessee shall immediately reimburse Lessor for all sums paid and all costs and expenses (including reasonable
attorneys' fees) incurred by Lessor involving such lien, together with interest on the total expenses and costs at the
rate of twelve percent (12%) per annum. Lessee shall give Lessor written notice within three (3) days of the filing
of any such lien.

15. POWER LINES. Lessor has disclosed to Lessee that Lessor reserves the right to build, construct, maintain
and operate electric distribution/transmission lines on, over, along and above the Leased Premises (or any portion
thereof). Lessor also reserves the right to erect, construct, reconstruct, replace, maintain and use towers, poles,
wires, crossarms and other appliances and fixtures on, over, along and above the Leased Premises (or any portion
thereof) for the purpose of transmitting or distributing electric power and for Lessor’s communication purposes,
together with the right to keep said lines free of structures, trees and other objects that may endanger or interfere
with same.

16. SEWAGE DISPOSAL. Lessee shall not construct, maintain or otherwise locate a septic system, including
drain lines, upon the Leased Premises without Lessor's prior written consent, which may be given or withheld in
Lessor's sole discretion. Lessee shall not permit the discharge of sewage or other objectionable matter into the
waters of the Lake.

17. ENVIRONMENTAL. Lessee shall take all necessary precautions to protect the physical and
environmental conditions of the Leased Premises, Lessor property in and around the Lake and the Lake itself,
including without limitation, cooperating with Lessor and all governmental authorities having jurisdiction thereof
to prevent soil erosion, protect existing vegetative cover and protect air, land, subsurface and water (including
groundwater) quality in and around the Lake. Lessee covenants and agrees that the Leased Premises will, at all
times during Lessee's use and occupancy thereof, be kept and maintained so as to comply with (a) the Guidelines;
(b) all applicable laws, rules and ordinances that pertain to environmental, health or safety matters; and (c) any
order, decree, permit or approval of any governmental authority having jurisdiction over the Leased Premises and/or
the Lake that pertains to environmental, health or safety matters. Lessee shall notify Lessor immediately and again
in writing within three (3) days of becoming aware of any of the following: (a) any violation or suspected violation
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of any environmental, health or safety law, rule or ordinance; or (b) any actual or threatened pollution,
contamination, release, harm, or damage to the Leased Premises, other Lessor property in and around the Lake, or
the Lake itself (or portions thereof). For purposes of applying the covenants set forth in this Paragraph, the Leased
Premises shall refer to the real estate described in this Lease and all improvements thereon; all personal property
used in connection with the Leased Premises; and the soil, groundwater and surface water (if any) of the real estate
described in this Lease. The provisions of this Paragraph shall survive the expiration or termination of this Lease.

18. ARCHAEOLOGICAL RESOURCES. If any archaeological resources are discovered during any
activity within the Leased Premises, such activity shall be halted and Lessee shall immediately contact the State
Historic Preservation Officer and Licensor, so the State Historic Preservation Officer may determine what measures,
if any are needed to protect or salvage the resources.

19. USE OF LAKE. Lessee, Lessee's family, employees, invitees, licensees, contractors, agents and permitted
assigns shall not enter that portion of the Lake lying in areas marked as restricted. Lessee assumes all risks of
personal injury or property damage incident to the occupancy and use of the Leased Premises or the lands or waters
of Lake, including specifically, but not by way of limitation, any personal injury or property damage which may be
sustained as a result of flood waters or in connection with the rise and fall of water in the Lake as a result of floods
or of the operation of Lessor's dam. The use of water permitted hereunder shall not include the right to divert or
take any water from the Lake or to use the same for domestic, commercial, industrial, or other business purposes.
Lessor reserves the full, unconditional, unrestricted and complete right and privilege to maintain, raise, lower,
restrict, control, store, retain, withhold, increase, decrease, retard, stop, obstruct, divert or use the waters of the Lake
in any manner Lessor, its successors and assigns, may deem expedient or desirable in its utility operations as now
conducted or may be conducted in the future. Lessee covenants and agrees that Lessor shall have no liability or
obligation to Lessee with respect to maintaining, raising, lowering, restricting, controlling, storing, retaining,
withholding, increasing, decreasing, retarding, stopping, obstructing, diverting or using the waters of the Lake or
the level thereof. Lessee expressly acknowledges and agrees any structure, facility or personal property which
Lessee may place on the Leased Premises shall be placed thereon at the peril of Lessee with full notice and
knowledge that Lessor has the right to extend or enlarge its reservoir or flood and backwater over and upon all or
any portion of the Leased Premises. Lessee also acknowledges that, on occasion, the Lake may not be fully usable
due to lowered water levels.

20. SUBORDINATION. This Lease is subject and subordinate to any and all mortgages or deeds of trust now
on the Leased Premises and this clause shall be self-operative without any further instrument necessary to effect
such subordination. Lessee agrees that this Lease may remain in full force and effect notwithstanding such
foreclosure or default proceeding, and that it will attorn to the mortgagee, trustee or beneficiary, or their successors
and assigns, or to the purchaser at any foreclosure sale. Lessee shall execute, upon Lessor’s request, documentation
memorializing this provision or any estoppel certificate required by Lessor or its lender relating to the condition of
this Lease and the Leased Premises. All rights and privileges granted to Lessee hereunder shall be subordinate to
the rights, obligations, and duties of Lessor under the license issued by the FERC for Project No. 2206, as now or
hereafter amended or renewed, and in the Federal Power Act, both of which are incorporated herein by reference
as part of this Lease to the extent applicable to place Lessee on notice thereof and Lessee shall be subject to such
orders, rules and regulations, as FERC has issued or may issue from time to time. Lessor specifically reserves the
right to use and/or maintain the Leased Premises for project purposes as may be contemplated by said FERC license
and the Federal Power Act.

21. INSURANCE. Lessee shall procure and maintain, at Lessee’s expense, Personal Liability or General
Liability insurance with a minimum limit of liability of $300,000 each occurrence. The policy shall include Duke
Energy as Additional Interest. At the inception of the lease, and upon each policy renewal, Lessee shall provide
Duke Energy with a certificate of insurance or copy of the policy declarations page evidencing existence of such
required insurance.

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22. INDEMNIFICATION. Lessee assumes all risks incident to the use of the Leased Premises and bears the
risk of loss or damage by any casualty. Lessee shall defend, indemnify and hold harmless Lessor, its officers,
directors, shareholders, employees, agents and contractors from and against any and all claims, losses, demands,
liabilities, damages, fines, penalties, costs, and expenses (including without limitation reasonable attorneys' fees)
and claims of every kind suffered by or asserted against Lessor arising directly or indirectly from (a) Lessee's (or
any of Lessee's family's, employee's, invitee's, licensee's, contractor's, agent's or permitted assigns') use, possession,
maintenance, or improvement of the Leased Premises and/or the Lake; (b) any breach or default by Lessee in the
performance of any obligation on Lessee's part to be performed under the terms and conditions of this Lease; or (c)
any negligence or misconduct of Lessee (or Lessee's family, employees, invitees, licensees, contractors, agents or
permitted assigns). Lessee's indemnification to Lessor shall include, but not be limited to, (a) all costs (including
reasonable attorneys' fees), expenses and liabilities incurred by Lessor in the defense of any such claim (whether
actual or threatened) or demand or any action or proceeding brought thereon; or (b) any cost or expense (including
without limitation reasonable attorneys', experts', and consultants' fees and expenses) which is or may be necessary,
in Lessor's sole discretion, to (i) comply with laws applicable to the Leased Premises and the Lake, including
without limitation environmental, health or safety laws; (ii) comply with the terms or conditions of any permit,
license, or approval issued by a governmental agency having jurisdiction over the Leased Premises and the Lake;
or (iii) undertake and complete assessment and remedial actions necessary to restore the Leased Premises and the
Lake to as good a condition as existed prior to any damage caused, permitted or allowed by Lessee (or Lessee's
family, employees, invitees, licensees, contractors, agents or permitted assigns.) Lessee hereby waives and releases
Lessor, its officers, directors, member(s), employees, shareholders, agents and contractors from all claims against
them. Lessee further agrees that Lessor shall not be liable for any damage to, or destruction or loss of, any of
Lessee's personal property, including any dwelling or other structure located upon the Leased Premises, regardless
of the cause or causes of such damage, destruction or loss, unless such loss or destruction is directly attributable to
the gross negligence or willful misconduct of Lessor. The provisions of this Paragraph 16 shall survive the
expiration or termination of this Lease.

23. MUTUAL WAIVER OF SUBROGATION. For the purpose of the waiver of subrogation, the parties
mutually release and waive unto the other all rights to claim damages, costs or expenses for any injury to persons
(including death) or property caused by a casualty of any type whatsoever, in, on or about the Leased Premises if
the amount of such damage, cost or expense has been paid to such damaged party under the terms of any policy of
insurance. All insurance policies carried with respect to this Lease, if permitted under applicable law, shall contain
a provision whereby the insurer waives, prior to loss, all rights of subrogation against either Lessor or Lessee.

24. TERMINATION. Lessor and Lessee shall have the right to terminate this Lease, without cause, by giving
the other party sixty (60) days written notice in advance of such party's intention to so terminate. In addition to
Lessor’s right to terminate this Lease its terms, any non-compliance or default by Lessee under this Lease or the
violation of any covenants, conditions, terms or provisions of this Lease by Lessee, including, but not limited to,
nonpayment of Rent or any other sum payable by Lessee hereunder, noncompliance with health and sanitation laws,
shall entitle Lessor, at Lessor’s option, to exercise any and all rights and remedies at law or in equity including but
not limited to (i) termination of this Lease (and all rights of Lessee in and to the Leased Premises), and/or (ii) with
or without terminating this Agreement, entering the Leased Premises, expelling Lessee therefrom, without liability
for trespass or conversion, removing at Lessee’s expense any real or personal property located in, on or about the
Leased Premises whether belonging to the Lessee or otherwise storing any such personal property at Lessee’s
expense, and/or (iii) with or without terminating this Lease, retaining all Rent or other payments previously paid by
Lessee hereunder, and/or (iv) with or without terminating this Lease, recovering from Lessee any and all cost and
expenses incurred by Lessor as a result of Lessee’s default, including but not limited to, reasonable attorneys’ fees
and any other expenses incurred by Lessor in exercising its remedies. If Lessor terminates this Lease as a result of,
or arising from, damage to the Leased Premises or the Lake caused, permitted, or allowed by Lessee (or Lessee's
family, employees, invitees, licensees, contractors, agents or permitted assigns), Lessor may require as a condition
of Lease Reinstatement (in addition to the Lease Reinstatement Fee) or the proper surrender of the Leased Premises,
that Lessee, at Lessee's expense, restore, repair and/or complete all assessment and remedial actions as deemed
Page 7 of 9

necessary by Lessor to restore the Leased Premises and the Lake to as good a condition as existed prior to such
damage.

25. SURRENDER OF LEASED PREMISES/ATTORNEYS' FEES. Upon expiration or any sooner
termination of this Lease, Lessee shall surrender the Leased Premises to Lessor in clean condition and in as good a
condition as when received by Lessee. Upon expiration or termination of this Lease, Lessor immediately shall be
entitled to possession of the Leased Premises and Lessee shall peaceably surrender possession of the Leased
Premises to Lessor. In the event Lessor terminates this Lease, Lessor shall be entitled to collect from Lessee all
accrued but unpaid rents and any damages resulting from Lessee's breach. In the event Lessor institutes a legal
action against Lessee to enforce this Lease or to recover any sums due hereunder, Lessee agrees to pay Lessor's
reasonable attorneys' fees and court costs in addition to all other damages. Lessor agrees to allow Lessee thirty (30)
days after termination to remove any personal property, structure, or portions thereof, heretofore or hereafter erected
and maintained by Lessee upon the Leased Premises or on or over the waters of the Lake. Lessee, at Lessee's
expense, shall repair and restore any damage to the Leased Premises caused by such removal. Lessee's failure to
remove any such personal property, structure, or portions thereof, from said Leased Premises within the time
specified above shall result in said property becoming and remaining the property of Lessor. In such event, Lessor
shall be entitled to handle and dispose of same in any manner Lessor deems fit without any liability or obligation
to Lessee or any other third party with respect thereto, or subject to Lessor's removing such property from the
Leased Premises and storing same, all at Lessee's expense and without any recourse against Lessor with respect
thereto.

26. DEFAULT. The occurrence of any one or more of the following events ("Events of Default," anyone an
"Event of Default") shall constitute a default and breach of this Lease: (a) failure by Lessee to make any payment
of Rent or fees as and when it shall become due under this Lease; (b) failure by Lessee to perform any other promise,
duty or obligation herein agreed to by Lessee or imposed upon Lessee by law or the Guidelines; (c) Lessee shall
become bankrupt or insolvent, or file any debtor proceedings, or file pursuant to any statute a petition in bankruptcy
or insolvency, or file a petition for the appointment of a receiver or trustee for all or substantially all of Lessee's
assets and such petition or appointment shall not have been set aside within sixty (60) days from the date of such
petition or appointment, or if Lessee makes an assignment for the benefit of creditors, or petitions for or enters into
an arrangement for the benefit of creditors; (d) the abandonment or desertion of the Leased Premises for any reason;
or (e) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Leased
Premises or of Lessee's leasehold interest in this Lease, where such seizure is not discharged within sixty (60) days.
Upon the occurrence of any Event of Default, Lessor may at its option do any one or all of the following: (a) declare
all Rent, additional rent and all other amounts owed to Lessor hereunder for the remainder of the Term immediately
due and payable; (b) terminate this Lease without further notice and exercise any rights or remedies available in
this Lease, at law or in equity; (c) repossess the Leased Premises, and with or without terminating, relet the same at
such amount as Lessor deems reasonable in its sole discretion; and if the amount for which the Leased Premises is
relet is less than Lessee's Rent and all other obligations of Lessee to Lessor hereunder, then Lessee shall immediately
pay the difference on demand to Lessor as well as all costs whatsoever incurred in connection with such reletting
(including reasonable attorneys' fees) and any Rent or additional amounts then owing and outstanding, but if in
excess of Lessee's Rent and all other obligations hereunder, the entire amount obtained from such reletting shall
belong to Lessor, free of any claim by Lessee; (d) seize and hold any personal property of Lessee located on the
Leased Premises and assert against the same a lien for monies due Lessor; and/or (e) without obtaining any court
authorization, deny Lessee's access to the Leased Premises. Lessor's reasonable attorneys' fees in pursuing any of
the foregoing remedies, or in collecting any Rent or other amounts due hereunder, shall be paid by Lessee.

27. MISCELLANEOUS. (a) Governing Law. This Lease shall be governed by and construed in accordance
with the laws of the State of North Carolina. (b) Lessor's Obligations. In the event that subsequent to the execution
of this Lease any State or Federal statute, or rule adopted thereunder, regulating or affecting any duty or obligation
imposed upon Lessor pursuant to this Lease is enacted, amended or repealed, Lessor may, at its option, elect to
perform in accordance with such statute or rule amendment, or act of repeal in lieu of complying with the analogous
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provision of this Lease. (c) Entire Agreement/Modification. This Lease, and any Exhibits made a part hereof,
constitute the entire Lease agreement between Lessor and Lessee. There are no promises or other agreements, oral
or written, express or implied, between Lessor and Lessee other than as set forth in this Lease. Lessor and Lessee
acknowledge that this Lease supersedes all prior agreements, written or oral, between them. No change or
modification of, or waiver under, this Lease shall be valid unless it is in writing and signed by Lessor and Lessee.
(d) Severability. If any provision of this Lease shall be determined to be invalid or unenforceable or in conflict
with any law of a Federal, State or local government having jurisdiction over this Lease, the validity of the remaining
provisions shall not be affected thereby, and every provision of this Lease shall remain in full force and effect and
enforceable to the fullest extent permitted by law. (e) Survival. The covenants contained in this Lease which, by
their terms, require their performance after the expiration or termination of this Lease shall be enforceable
notwithstanding the expiration or other termination of this Lease. (f) Waiver. Neither Lessor's or Lessee's waiver
of the other's breach of any term, covenant or condition contained in this Lease shall be deemed to be a waiver of
any subsequent breach of the same or any other term, covenant or condition in this Lease. (g) Lessor's Remedies
Cumulative. The rights and remedies of Lessor provided in this Lease are cumulative and not exclusive and are in
addition to any other rights and remedies, now or hereafter provided by law. (h) Binding Effect. The provisions of
this Lease shall be binding on and inure to the benefit of the parties hereto, their respective heirs, legal
representatives, successors, permitted assigns and sublessees. (i) Lease Not an Offer. Lessor gave this Lease to
Lessee for review. It is not an offer to lease. This Lease shall not be binding unless signed by both parties. (j)
Headings. Headings of paragraphs or subparagraphs are for convenience only and shall not be considered in
construing the meaning of the contents. (k) Joint and Several Liability. If there is more than one Lessee, then the
obligations imposed by this Lease upon Lessee shall be joint and several.

28. NOTICES. Except as otherwise provided herein, all notices under this Lease shall be in writing and shall
be delivered to the other party by personal delivery, commercially recognized overnight courier service, or prepaid
U.S. registered or certified mail, return receipt requested, addressed as follows: If to Duke Energy: Duke Energy -
Lake Services, 526 South Church Street/EC12Q, Charlotte, NC 28202. If to Lessee: Notice shall be addressed to
the Lessee at the Lessee address as stated above. Notice shall be effective upon the earlier of: (i) actual receipt; or
(ii) three (3) days after deposit with the U.S. mail service or other commercially recognized overnight courier
service. Each party shall be responsible for notifying the other of any change of address.

TO HAVE AND TO HOLD the Leased Premises and the rights, privileges, and appurtenances by Lessee,
and Lessee's permitted assigns, for the term set forth herein.

[Signature Page to Follow]

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IN TESTIMONY WHEREOF, Lessor has caused this instrument to be signed in its name by its duly
authorized officer and Lessee has hereunto signed this instrument under seal, as of the day and year first above
written.

DUKE ENERGY PROGRESS, LLC

By:
Name: Eric J Rouse
Title: Director - Land Services

LESSEE:

Cliff Sult Jr

LESSEE:

Charlotte Sult