SW3210403_Lease Agreement_20210722

DocuSign Envelope 10: BOA2CA1A-4022-49F4.8D5B-76A28FU6D3C2
SECOND AMENDMENT TO GROUND LEASE
This SECOND AMENDMENT TO GROUND LEASE (the "Second Amendment") is
entered into as of this 22nd day of -iune , 2021 (the "Effective Date"), by and between
HEELSTONE LAND HOLDINGS, LLC, a Delaware limited Iiability company ("Landlord") and
233 RANDOLPH 74 SOLAR I, LLC, a North Carolina limited liability company ("Tenant"),
Landlord and Tenant each inay be referred to herein as a "Party", and collectively as the "Parties".
RECITALS
WHEREAS, Landlord and Tenant are parties to that certain Grotuid Lease Agreement
dated February 4, 2016 (the "Lease") regarding certain real property consisting of approximately
24,6257 acres, including Parcel No. 51544, in Township 6, Shelby, Cleveland County, North
Carolina; and
WHEREAS, the Parties executed that certain First Amendment to Ground Lease
Agreement dated December 27, 2016 (the "First Amendment"); and
WHEREAS, the Parties desire to further amend certain teens and conditions of the Lease
as provided herein; and
NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants
contained herein and, in the Lease, the receipt and sufficiency of which is hereby aclarawledged,
Landlord and Tenant hereby agree as follows, effective as of the Effective Date:
1. Defined Terms. Unless otherwise defined herein, all capitalized terms used in this
Second Amendment shall have the meanings ascribed to them in the Lease.
2, Section 1 — Term of Lease; Renewal Terms; Termination Rights;
Contingencies/Due Diligence, Paragraph (b) of the Lease is hereby replaced in its entirety by
the following:
"(b) Tenant may extend the Initial Term for four (4) additional five (5) year
periods (each a "Renewal Term" and collectively, the "Renewal Ternts") by providing written
notice to Landlord sixty (60) days' prior to the expiration of the Initial Term or immediately
preceding a Renewal Term. The Initial Term together with any Renewal Term is collectively
referred to as the "Term."
3. Past -Due Rent Payment: concurrently with execution of this Second Amendment,
Tenant agrees to deliver payment, in the amount of $98,503.00, constituting payment for the past -
due rent for the 4 years ending December 31, 2020,
3. Ratification, Conflicts. Except as expressly amended hereby, the Lease and all of
the terms, conditions and covenants of the Lease are hereby ratified and confirmed and shall remain
and continue in full force and effect. Any conflicts between the provisions of this Second
Amendment, on the one hand, and any of the documents memorializing any earlier versions or
components of the Lease on the other, shall be resolved in favor of the provisions contained in this
Second Amendment.

DocuSign Envelope ID: BBA20AIA-4022.49F4.805B-76A28FD8D3C2
4. Counterparts. This Second Amendment may be executed in multiple counterparts,
including byfacsimile and pdf, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument,
S. Governing Late. The provisions of the Lease, the First Amendment and this
Second Amendment, shall be interpreted under, pursuant to and in accordance with the laws of the
State of North Carolina,
6. Successors and Ass►Lns. This Second Amendment shall be binding upon and inure
to the benefit of the parties hereto and their respected successors, heirs and permitted assigns,
7. References to Agreement, All references in the Lease, First Amendment and this
Second Amendment to the "Lease" shall hereafter be deemed to refer to the Lease, as aniended by
this Second Amendment,
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DocuSlgn Envelope 10: BErA2CA1A-4022.49F4-805B•76A28FD603C2
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be duly
executed and delivered as of the Effective Date,
LANDLORD:
Heelstone Land Holdings, LLC
By:
Title:
STATE OF T�wt,S
COUNTY OF Dq I64
a Notary Public, do hereby certify that
17C-70114A personally appeared before me this day and
acknowledged that he is the I !� i _ e—M—t of HEELSTONE LANDHOLDINGS,
LLC, and by authority duly given and as the act of , appeared
before me this day and acknowledged the due execution of the fofegoing instrument.
4 1�itness t ry,I and and official seal this day of JuhC 20�1.
Notary Public
HALIEE MICDLE PRITCHETT
ID # 13225514-7
My Commission Expires:
• 11 Notary public, State of Texas
(Official Seal) °3, My CommiSslor Expires
11115/2023
[SIGNATURES CONTINUE ON FOLLOWING PAGE]

TENANT:
233 RANDOLPH 74 SOLAR 1, LLC
a North Carolina limited Iiability company
By: Emerald Hills Holding 1, LLC
Its: Sole Member and Manager
By:
Name: L. Wayne Marshall
Title: Authorized Signatory
STATE OF NORTH CAROLINA
COUNTY OF MECIaENBURG
a Notary Public, do hereby certify that
L_ 1A10-1-Ine Marska//. _ personally appeared before me this day and
acknowledg d that he is the .L11�j iz---of 233 RANDOLPH 74 SOLAR I, LLC,
and by authority duly given and as the act of . � 3qr t)r- ?-e it a , appeared before
me this day and acknowledged the due execution of the foregoingAstrumenf.
Witness my hand and official seal this Z day of J tt 11 , 202-I.
1
ry Public
My Commission Expires: / U '
(Official Seal)