SW5210602_Lease Agreement_20210616

Type: CONSOLIDATED REAL PROPERTY
Recorded: 3/27/2020 3:00:24 PM
Fee Amt: $26.00 Page 1 of 5
Nash County North Carolina
Anne J. Melvin Register of Deeds
BK 3042 PG 344 - 348
Prepared by: Andrew S. Felts
Return to: Blamco, Tackabery & Matamoros, P.A.
110 South Stratford Road, Suite 500
Winston-Salem, NC 27104
MEMORANDUM OF
COUNTY OF NASH gROUND LEASE AGREEMENT
2016, as amended by that certain First Amendment to Ground Lease Agreement between
Landlord and Tenant dated as of October 24, 2018 (collectively, as may be amended from time
to time, the "Lease"), whereby Landlord leased to Tenant the real property described below upon
the terms and conditions set forth in the Lease.
to them in the Lease. All of the terms and conditions of the Lease are incorporated herein by this
reference.
The Tenn of the Lease began on the Construction Commencement Date, and shall continue for
two hundred forty six (246) calendar months thereafter. Tenant has the right to extend the Term
for four (4) successive Renewal Terms of five (5) years each as set forth in the Lease.
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submitted electronically by "Blanco Tackabery & Matamoros, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Nash county Register of Deeds.

Pursuant to the Lease, Landlord leases to Tenant up to one hundred eighty-five and ten one
hundredths (185.10) acres of that certain property located in Feffells Township, Nash County,
North Carolina, consisting of two tracts identified as Parcel Identification Numbers
274700945430, and 274700782815, together with all improvements, fixtures, and personal
property located thereon, together with all other appurtenances, tenements, hereditaments, rights
and easements pertaining to the Land (collectively, referred to as the "Premises"), to be occupiei,
and used upon the terms and conditions set forth in the Lease.
The solar photovoltaic power array and it constituent parts, together with all related
improvements or other features constructed on, or person property ms ed or placed on the
Premises by or for Tenant (collectively, the " ') shall not be deemed a fixture.
The Generating Facility is Tenant's personal property and Landlord has no right, title or interest
in the Generating Facility. Further, Landlord has waived any and all rights it may have to place a
lien on the Generating Facility.
Pursuant to the terms of the Lease, Landlord has granted to Tenant during the Tenn of the Lease
(a) an easement for light, solar energy resources, access and utility access over, under and across
all property owned by Landlord which is adjacent to or in the vicinity of the Premises as
reasonably necessary for Tenant's conduct of the Intended Use on the Premises, (b) an easement
for any and all encroachments of Tenant's Property onto Landlord's adjacent property, and (c) an
easement over, under and across Landlord's adjacent property for audio, visual, view, light,
flicker, noise, vibration and any other effects attributable to the Intended Use of the Premises.
Landlord agreed to execute and deliver any separate easement agreements for the benefit of
Tenant and the Premises as Tenant or the utility to which the 'Generating Facility is
interconnected may reasonably request to facilitate the construction, operation and removal of
the Generating Facility, or otherwise in connection with Tenant's use of the Premises during the
Term. Landlord further agreed not to cause or permit any activities or conditions that would
impair the operation of the Generating Facility (including, without limitation, by erecting or
permitting to be erected any cell towers, water towers, billboards, silos, trees or any other natural
or man-made structures to be placed, constructed, or to otherwise exist on any property owned or
controlled by Landlord that may diminish the quantity of sunlight that otherwise would reach the
Premises).
LITS, fte Lease, L as consented andlenant is permitted to mortgage
Ets interest in the Lease and assign Tenant's interest in the Lease as collateral security for any
financing party without the Landlord's prior written consent.
Tenant has a right of first refusal to lease the Premises for a term commencing at the expiration
or termination of the Lease, as the same may be extended, and/or any property owned by
Landlord located adjacent to the Premises, upon the terms and conditions as contained in any
valid, acceptable, bona fide lease offer Landlord or any subsequent landlord under the Lease may
receive prior to the cancellation or termination of the Lease. Additionally, Tenant has a right of
first refusal to purchase the Premises or any land of which the Premises is a part, upon the same
terms and conditions as contained in any bona fide purchase offer Landlord, its successors and
assigns may receive prior to the cancellation or termination of the Lease, as the same may be
extended.
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to the Intended Use.
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IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Groul
Lease by authority duly given and effective as of the date first written above.
LANDLORD:
COUNTY OF �J&,�f
c�Notary biic���
Printed Name:
NO

IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Ground
Lease by authority duly given and effective as of the date first written above.
PHOBOS SOLAR, LLC
a North Carolina limited liability company
By: SCE Project Holdings, LLC,
a North Carolina limited liability company,
its Manager
y — B 7
:
Name- att ew McGovern
Title: Authorized Person
COUNTY OF Los 49ge-Les
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A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
On Decembiall__,2019 before me, Karen R. Elmore, Notary Public Dersonally appeared
Matthew McGovern who proved to me on the basis of satisfactory evidence to be the person(�)
whose name(p),aiare subscribed to the within instrument and acknowledged to me that
110heAhey executed the same in lGher/their authorized capacity(4es), and that by QherAh�
signature(�) on the instrument the person($), or the entity upon behalf of which the person(W
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
My Commission Expires:
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Notary Public:
Printed Name: Karen R. Elmore
KAREN R ELMORE
comallwol, a 2206982
y Comm. Ex�w�A.g Z2,2021