WQ0014306_More Information (Received)_20210803

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SOILS LEGEND
SOILS LINE
CAPE FEAR LOAM
DRAGSTON LOAMY FINE SAND
STATE FINE SANDY LOAM
TOMOTLEY FINE SANDY LOAM
WASDA MUCK
SCS — SOIL SURVEY OF CURRITUCK COUNTY
SEE NOTES SHEET XX FOR SOILS DESCRIPTIONS
IRRIGATION
ZONE
BOUNDARY
NOTES:
1. ELEVATIONS ARE NAVD88 DATUM.
2. UNDERGROUND UTILITIES, IF ANY, WERE NOT LOCATED BY
THIS SURVEY, FURTHER EVALUATION MAY BE REQUIRED.
3. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE
DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.
4. SUBJECT PROPERTY IS LOCATED IN F.I.R.M. ZONE X.
REFERENCE F.I.R.M PANEL # 3721803100K, 3721803000K,
3721802000K, 3721802100K, EFFECTIVE DATE: DECEMBER
21, 2018. (SUBJECT TO CHANGE BY F.EM.A.)
5. CONTOURS SHOWN ARE FROM FEMA 2016 LIDAR DATA.
6. IRRIGATION ZONES ARE DRAWN FROM SCAN OF IRRIGATION
RECORD DRAWING BY PROFESSIONAL TURF SERVICES, INC.
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ROADWAY CENTERLINE
RIGHT—OF—WAY
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ADJOINING PROPERTY LINE
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SOIL TYPE LINES
IRRIGATION ZONE BOUNDARY
EXISTING SINGLE FAMILY DWELLING
EXISTING DISPOSAL IRRIGATION LINES
Sc SPRINKLER HEADS (IRRIGATION
DETAILS FURNISHED BY INSTALLER)
EXISTING CONCRETE MONUMENT
EXISTING IRON ROD
EXISTING GRADE CONTOUR
EXISTING SPOT GRADE
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SURVEYOR'S CERTIFICATION
I, Michael D. Barr, certify that this plat was drawn under my supervision
from an actual survey made under my supervision (deed and description
recorded in Books referenced); that the boundaries not surveyed are
clearly indicated as drawn from information found in Books referenced;
that the ratio of precision or positional accuracy is 1:10,000; and that
this map meets the requirements of The Standards of Practice for
Land Surveying in North Carolina (21 NCAC 56. 1600)."
Witness my original signature, registration number and seal this __1 8__
day of Ma_t_ ; 2021.
Professional Lan. urveyor
1600
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PELLBissell Professional Group
Firm License # C-956
3512 North Croatan Highway
1 / P.O. Box 1068
Leif+., u„w4 M r+k c.,r„rn., 9704.0
OVERVIEW
SHEET DIRECTORY
THIS DOCUMENT IS THE SOLE PROPERTY OF BPG, INC. OF KITTY
HAWK, NORTH CAROLINA. THE REPRODUCTION, IN WHOLE OR
PART, OR THE MODIFICATION OF ANY DETAIL OR DESIGN IS NOT TO
BE MADE WITHOUT THE EXPRESS WRITTEN CONSENT OF MARK S.
BISSELL, PRINCIPAL OF BPG, INC., COPYRIGHT 2005.
EXISTING CONDITIONS
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PELLBissell Professional Group
Firm License # C-956
3512 North Croatan Highway
' I P.O. Box 1068
Leif+., u„w4 M r+k c.,r„rn., 9704.0
THIS DOCUMENT IS THE SOLE PROPERTY OF BPG, INC. OF KITTY
HAWK, NORTH CAROLINA. THE REPRODUCTION, IN WHOLE OR
PART, OR THE MODIFICATION OF ANY DETAIL OR DESIGN IS NOT TO
BE MADE WITHOUT THE EXPRESS WRITTEN CONSENT OF MARK S.
BISSELL, PRINCIPAL OF BPG, INC., COPYRIGHT 2005.
EXISTING CONDITIONS
K WWTP S]
REVISIONS 1
DATE I DESCRIPTION BY
7\ki"-\\'''A:Ill:IRl"'ouy
,---, 40,...., .__
04-29-2021
AS -SHOWN
DESIGNED:
CHECKED:
MSB
DRAWN.
APPROVED:
MDB
BPG
SHEET:
CAD FILE:
PROJECT NO:
3410

map
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LAKEVIEW AT CURRITUCK PROPERTY OWNERS
LOT #
NAME
1
HONEYMAN, COREY
HONEYMAN, AMANDA
2
NG, DONNIE
NG, ALEXANDRA
3
RINDFLEISCH, STEVEN
RINDFLEISCH, TEELA
4
KEYS, SIDNEY
5
MOORE, KRISTINA
6
MCCANN, HUNTER
MCCANN, JAMIE
7
PEELMAN, JOSHUA
PEELMAN, ELISA
8
MAYERS, CHRISTOPHER
10
MCKINNON, TAMESHA
11
SAVAGE, JONATHAN KEITH
SAVAGE, APRIL CHRISTINA
13
DUMONT, DAVID D
DUMONT, AMANDA
14
WALKER, DARWIN G
WALKER, LINDA L
15
BODNER, ELIZABETH JEANNE
BODNER, CRAIG M
16
HAWKINS, HOWARD III
HAWKINS, ARIELLE ELISE TAYLOR
17
BENNETT, JAMES LEE
BENNETT, LORI ENGLISH
18
WITHROW, DUSTIN
WITHROW, CARMEN E
19
BIGBEE, TIFFANY MARIE
BIGBEE, JOSHUA DAVID
20
KEESEE, DAVID LEE
21
HURD, MARSHALL CONNOR
SALVATORE, ELENA
WISNIEWSKI, ABBYRAE
23
PURVIS, CLAY MARK
PURVIS, STEPHANIE
113
OSUNA, JONATHAN NELSON
114
HEISERMAN, JOSHUA
HEISERMAN, CLAIRE
115
SMALLS, JOHNNY
COSME, DAYZSHA
116
KREPCIK, KELLY LOU
KREPCIK, NADEZDA S
117
TURBITT, SETH DAVID
118
WAGNER, KEVIN
WAGNER, JULIE
120
FRANCIS, LYNDON SR
FRANCIS, MARYANNE
121
HORNE, GAVIN
122
HENCIAK, ANDREW
HENCIAK, RANDALL
123
RATLIFF, JOHN K
124
WARE, CRYSTAL
WARE, DUANE
125
CARPENTER, JARED
CARPENTER, KAITLYN MICHELLE
126
GRIS, MICHAEL CHARLES II
GRIS, LAURIE MICHELLE
127
SLAMAN, JESSE LEE
128
JACKSON, GEORGE C JR
JACKSON, DENITA LATRESS
129
JEAN, JASON
BRADSHAW-JEAN, KELLY
130
FOX, CODY
131
PETERSON, SHANNYN
133
HOLLAND, CALVIN
HOLLAND, LINDA
134
AHN, ESTHER S
135
LACASSE, ZACHARY W
LACASSE, BREANNA E
136
DIAZ, RODOLFO JR
137
MERCER, NICHOLAS
MERCER, DEBORAH ANN
138
MARTINEZ, EDUARDO
MARTINEZ, ALEXIS
139
DICKERSON, ANTHONY
DICKERSON, SIMONE
145
LAPORTE, RYAN
LAPORTE, MELISSA
146
CAMPBELL, BRANDON
CAMPBELL, KENDRA H
5?
PELLBissell Professional Group
Firm License # C-956
3512 North Croatan Highway
' I P.O. Box 1068
ki++., u„w4 M r+k c.,r„rn., 9704.0
THIS DOCUMENT IS THE SOLE PROPERTY OF BPG, INC. OF KITTY
HAWK, NORTH CAROLINA. THE REPRODUCTION, IN WHOLE OR
PART, OR THE MODIFICATION OF ANY DETAIL OR DESIGN IS NOT TO
BE MADE WITHOUT THE EXPRESS WRITTEN CONSENT OF MARK S.
BISSELL, PRINCIPAL OF BPG, INC., COPYRIGHT 2005.
EXISTING CONDITIONS
K WWTP S]
REVISIONS
410.1 DATE I DESCRIPTION I BY
: •;.4,‘A
DESIGNED:
CHECKED:
MSB
DRAWN.
APPROVED:
MDB
BPG
SHEET:
CAD FILE:
PROJECT NO:
3410

Plotted: 5/18/2021 4:06 PM HP DesignJet 2600dr HPGL2 Driver.pc3
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BEACHAM, KENNETH A
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CLARK, DENNIS E
CLARK, PENNY A
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COLCLOUGH, RICHARD
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CARL, MIHAN
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HUTSON, JAMES A
HUTSON, CHRISTY L
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SCHROEDER, RICHARD H
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DUCKWORTH, CELESTE J
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SANTA, MICHELLE G
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HOLLIDAY, MELISSA ANN
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KLOTZ, WILLIAM D
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KELLEY, JAMES R II
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CHAMPLIN, STEPHEN C
CHAMPLIN, JESSICA J
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HARLOW, JOHN H
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ZUMBRO, KAREN
182
JONES, BRENTLY E
JONES, ALEXANDRA R
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WARE, ZACHARY T
WARE, KENYON C
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LEE, RONALD S
LEE, KELLEY B
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GILLING, JORDAN P
SYNNES, RONI
354
PRATT, DAVID P
PRATT, JENNIFER
397
WILSON, JOHNNIE D JR
WILSON, DEENA M
1
ARGANDONA, ARNOLD G
ARGANDONA, ANNETTE S
54
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JOHNSON, JOHN T III
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FOTI, ADAM M
FOTI, BRANDI L
140
LONG, WILLIAM
LONG, DIANA
183
CHASTAIN, MICHAEL
CHASTAIN, ANNETTE
226
AYCARDI, WILLIAM D
DI MAURO, PAOLA
269
BROWN, ROBERT A
BROWN, VALERIE V
312
SANJURJO, EDWIN
SANJURJO, FELICIA D
355
POWERS, JOHN T
POWERS, SUSAN M
398
PIETRAZAK, BRIAN
PIETRAZAK, MICHELLE
12
PRICE, JULIE L
55
FLORES, JOSE F
98
MYERS, RICHARD A
MYERS, SHARON A
141
KOWALSKI, JOHN M
KOWALSKI, JODI L
184
SCHULTZ, STEPHEN D
SCHULTZ, CYNTHIA M
227
PRADO, JASON R
270
HUCKOBY, KIMBERLY A GREGORY
313
WILLS, DOUGLAS E
WILLS, KATHY P
356
LAVINE, HAROLD JR
LAVINE, DAWN
399
TANGREDI, KENNETH J
3
FAYTIK, KENNETH R
FAYTIK, KERRI C
56
SAMS, ROGER L
SAMS, CANDACE T
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STARKEY, THOMAS E
STARKEY, CATHY L
142
BATTLE, PAMELA
BATTLE, STEPHEN EDWARD
185
PERRY, RYAN
PERRY, HOPE
228
ALMODOVAR, BENJAMIN
ALMODOVAR, PAIGE
271
SMITH, JOSEPH R
314
DUNN, ROBERT
DUNN, AUTUMN
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JACKSON, MICHAEL
JACKSON, KATHRINE
400
LEE, JAMES
LEE, VALERIE
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MAYNARD, BRYAN A
MAYNARD, ANGEL M
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KENNY, CHRISTY
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JACKSON, DONNA M
JACKSON, EDWIN M
143
FLORES, JULIO C
FLORES, THERESA E
186
WELKER-BALMER, CINDY L
229
GUTHRIE, JEREMY
GUTHRIE, MEGHAN
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MENDEZ, DOUGLAS L
MENDEZ, VONDA J
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CHURCH, BENJAMIN D
358
BAKER, LARRY D
BAKER, JOANNE M
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MYERS, VICTOR B JR
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HERWICK, BILLIE JO
101
POLICASTRO, SHANE A
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BROWN, BRUCE T
BROWN, CAROL M
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OGREN, HAILEY M
MATTHEWS, HOWELL L III
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PACE, TAMARA S
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MENTOR, NIGE:AL J
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GALLOWAY, ANDREA L
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HIVELY, JOSHUA D
HIVELY, TRACY
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188
FOWLER, AUGUST G
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SITONE, DAVID A
317
GODWIN, WILLIAM J
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SCHWARTZ, STUART A
SCHWARTZ, OUNHEUANE
403
PUHAC, CHRISTOPHER JAMES
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17
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OCAMPO, ANTONIO P
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RAMIREZ, MARCOS
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BAKER, ANGEL M
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ARNN, JESSICA N
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TAYLOR, ROBERT T
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MCGEE, ERIC JASON
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ATKINS, SHANNON G
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KOREN, SHANNON N
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HAIR, KEVEN D
HAIR, KRISTA L
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MEEK, DONALD I
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HOWELL, DUSTIN M
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HEAD, DEBORAH E
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MILES, TIMOTHY I
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SHE:A, DANIEL D
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SANFORD, SHAUN
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HATFIELD, CALVIN L
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BETSWORTH, EDWARD G
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WILLIAMS, GAYLE T
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CONWAY, DALE
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SHEPHEARD, DAVID W
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BERNALES, GERRY V
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ROY, ERIC E
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DEMONG, ANDREW J
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LOITSCH, STEVEN J
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BOUGIE, JOSEPH E
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NORMAN, CONWAY E
NORMAN, CHARMAINE A
409
MCCASKILL, ANGELA N
MCCASKILL, BRIAN-KEITH C
23
ALMONY, ROBERT JR
ALMONY, TARA N
66
GOULD, JAY EVAN
GOULD, SANDRA LEE
109
STEPHENS, MARK W
STEPHENS, FINAL
152
WESTBROOK, KEVIN
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BOPE, MARK E
BOPE, NANCY M
238
TIPPINS, SABRINA A
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BELL, MICHAEL F
324
RAITT, GARRET T
367
MCNEIL, JOHNATHAN C
MCNEIL, MICHELLE R
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BARTOLD, ROBERT
BARTOLD, JEANINE
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WORKMAN, WARREN F
WORKMAN, DAWN M
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VERMA, SOURABH
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KIRWAN, WILLIAM
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KUHN, CARL R
196
SCARLATO, MATTHEW LOUIS
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COPENHAVER, GARY W
COPENHAVER, SUZANNE M
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MCKENZIE, SUSAN LINDER
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VANCE, MICHAEL
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SCHWARTZ, JONATHAN I
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BUSKEE, ALAN R
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25
PALOMATA, DANILO C JR
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68
JAMISON, KAMEE JO
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FRENCH, JAMES D
FRENCH, HEIDI L
154
FREDERICK, STAFFORD C
FREDERICK, LINDA I
197
BUTLER, PAUL A
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240
SINK, LARRY K
283
HANEBRINK, KEVIN L
HANEBRINK, FRANCES L
326
BOLTZE, STEVEN W
BOLTZE, MARY G
369
LIN, NIAN QIANG
YANG, HEIDI
412
BENNETTE, WASHINGTON C JR
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26
GOULD, GREGORY S
69
JOHNSON, CASEY B
JOHNSON, JILL I
112
WHITEMAN, FRED DEWITT
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155
FEINMAN, JOSEPH P
FEINMAN, SYLVIA A
198
WHEELER, RONALD W
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241
ANDERSON, JOHN T JR
284
RANDOLPH, DOUGLAS W
RANDOLPH, AGNES G
327
GRUETZMACHER, BRADLEY J
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DODD, BRIAN E
KEHOE, JENNIFER M
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BATTLE, HERBERT JR
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27
MASSIE, BRIAN B
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ESTOPARE, ERIC N II
113
HARTMANN, JAMES F
HARTMANN, SHANNON M
156
MERCADO, ALBERT
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199
WINSTEAD, JEREMIAH L
242
SPENCER, JODY
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285
HALL, TIMOTHY W
HALL, SHANNON N
328
HESS, THOMAS JOSEPH JR
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371
BIRDSONG, DAVID W
BIRDSONG, MICHELLE L
414
CANTINI, MARC A
CANTINI, ERICA A
28
TARTAL, IAIN THOMAS
71
SUBLETT, COREY
SUBLETT, TAMIKA
114
PRAYNER, ARTHUR J JR
PRAYNER, KATHERINE A
157
THIEL, PETER
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200
DEWEESE, NICHOLAS K
243
POPIEL, PETER J. II.
286
BIERWIRTH, CHRISTOPHER G
BIERWIRTH, DONNA L
329
EICHENBERG, HARTMUT K
EICHENBERG, MICHELLE H
372
EVANS, KELLI JO
415
MARCOTTE, ERIC R
MARCOTTE, KERINEA
29
GILL, HEATHER
72
FARRELL, TYRONE SR
FARRELL, JENNIFER D
115
SMITH, JASON A
SMITH, CRYSTAL G
158
FRIERDICH, RYAN R
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201
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BRUNSON-EWAN, MONICA
244
ROGERS, JEREMIAH M
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287
NEFF, JASON A
NEFF, KRISTIE M
330
COBLE, SCOTTIE A
COBLE, DEBORAH J
373
OBRIEN, MICHAEL W
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416
BURNS, SCOTT R
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30
KING-LANIGAN, SANDRA
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JOYNER, CHRISTOPHER
116
GIORDANO, PHILIP T
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159
FOSTER, MARK A
FOSTER, KELLY A
202
RANSOM, JOHN P
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JEWELL, GENE A JR
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288
BIENKO, PETER P
331
DOHERTY, DONALD W
374
BERGERON, RONALD D
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417
ERHART, CHRISTOPHER R
ERHART, MAYUMI
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MCCLELLAN, JAMES K
MCCLELLAN, KIMBERLY D
74
JOHNSON, GORDON F
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117
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246
BERGER, DANIEL S
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289
ADAMS, JEAN A
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332
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375
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418
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ATKINS, CHARLOTTE P
32
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MCFADDEN, VIRGINIA S
75
SPAGONE, DANIEL JR
ANDERSON, HOLLEY J
118
WARTHEN, BESMER R
WARTHEN, RENEE A
161
BRIGGS, TYLER EDWARD
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204
JENKINS, MICHAEL H
JENKINS, APRIL L
247
KESTEN, RICHARD
KESTEN, CHARLENE
290
WILSON, THOMAS C
WILSON, KELLY M
333
FANTINO, VICTORIA
FANTINO, MIKE
376
MALESKY, JOSEPH G
MALESKY, ALICE C
419
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LANDRY, KIMBERLY A
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MULLINS, BECKY L
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SARNOWSKI, LAURIE
119
HENDERSON, JOTHAM R
HENDERSON, KELLY N
162
JAMES, CHAD ALLEN
205
DYCUS, CHRISTOPHER M
DYCUS, MEGAN D
248
VAN MIDDLESWORTH, BRADLEY R
VAN MIDDLESWORTH, FIONA G
291
SIOUEIRA, MICHAEL
SIQUEIRA, HELEN MINA
334
MCKENNON, ZEDRIC R
MCKENNON, EMILIA
377
LEONE, PAUL A
LEONE, LINDIA E
420
WALLER, JORDAN D
WALLER, AMANDA M
34
EPPERSON, MATHEW C
77
GRAY, DAVID B
GRAY, TRACY L
120
HASKINS, DUSTIN PHILLIP
163
MALY, DAVID J
MALY, TERRIE
206
GOLDFINCH, DAVID J
GOLDFINCH, JILL C
249
GIANCOLA, NICHOLAS L
292
WETZEL, KEVIN E
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335
DEVRIES, ADAM W
DEVRIES, AMBER V
378
HARRINGTON, JAMES J
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421
PARKER, CHRISTOPHER G
PARKER, CARRIE L
35
BERGERON, BRETT A
BERGERON, NICOLE
78
GORNEY, JOHN
TEAGUE, SHEILA
121
THOMPSON, BRANDON S
164
SIKORSKI, CHRISTOPHER J
SIKORSKI, JODI L
207
GREEN, JEFFREY S
GREEN, TAMMY L
250
STRITCH, JAMES M JR
STRITCH, LINDA M
293
GRAY, RICHARD SCOTT
GRAY, BRITTANY NICOLE
336
YATES, DANIEL JR
YATES, ASHLEY
379
CRUMP, JAMES L JR
CRUMP, PATRICIA S
422
ELLIS, WILLIAM
36
GRAY, CODY A
79
TOWNSEND, VERNON
TOWNSEND, LAUREN
122
YOUTZ, ERIC J
165
BAXLEY, TAYLOR W
BAXLEY, KAMRON N
208
KIEMER, MARK R
251
CAPPS, JUSTIN M
CAPPS, SHAYLEE R
294
JORDAN, PHILIP D II
JORDAN, PRISCILLA R
337
DOZIER, PAUL T
380
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HODGIS, JANICE M
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KNIGHT, HENRY MICHAEL
KNIGHT, THERESA SMOTHERS
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MCMENAMIN, SARAH M
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MARTIN, KENNETH R JR
MARTIN, NANCY J
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HALL, JASON LEE
HALL, LINDA MARIE
252
MUZBECK, WILLIAM T
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295
JARVIS, DARYL RAEMINTON
JARVIS, KAITLIN
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PERKINS, RODERICK J
PERKINS, NAKISHA L
381
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JABLONSKI, JENNIFER MARTIN
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KERNS, MARY D
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ANDERSON, JULIE A
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EXNER, JAMES J
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DAGLEY, JOHN C
DAGLEY, CRYSTAL B
210
DEPLACIDO, JOSEPH PAUL
253
KRUEGER-JOHNSON, TERRY L
KRUEGER-JOHNSON, JODIE L
296
CORCINO, DAVID
CORCINO, JENNIFER IRENE
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GARST, JOSEPH MARION II
GARST, MICHELLE L
382
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SYNNES, JOHN ALFRED JR
SYNNES, PAMELA SUE
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ROSE, WAYNE ARTHUR
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DOLISON, GAIL
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BAILEY, GREYSON N
168
CASAS, RUBEN S II
CASAS, BEVERLY ANN B
211
SHEPHEARD, MATTHEW J
254
MYERS, BONNIE L
297
BYRD, CLYDE R
BYRD, TRACEY E
340
THOMPSON, STACEY L
THOMPSON, TOMMY L
383
HALEY, ERIC T
HALEY, APRIL D
426
CLUBB, JOHN J JR
CLUBB, DORINE R
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LANGLOIS, JOSHUA
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BENNETT, CAROL C
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SANDS, BRIAN C
SANDS, CHRISTIE A
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BAEZ, MICHAEL
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MARCANO-STEWART, SHAILA TAINA
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KAEFER, JAMES D
KAEFER, STASIA
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TOWNSEND, KRISTINE G
TOWNSEND, BETTY T
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KREHBIEL, TIMOTHY E
MCLAIN, STEPHEN C
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PEARCE, HAROLD W II
PEARCE, PAMELA S
256
VALDERUEDA, JESCEL
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BARATTA, ANTONIO
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MARSHALL, JOHNNY L JR
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TROITINO, ROBERT M
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SCHILLING, JOEL C
SCHILLING, MIHEE N
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SULLIVAN, BELINDA I
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ROWLAND, BRIAN K
ROWLAND, SUSAN H
215
KRETZER, MATTHEW
KRETZER, JACQUELINE
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SACHTLEBEN, JOSEPH E
SACHTLEBEN, LAURA R
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KNIGHT, JOSHUA R
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MCGUIRK, SARAH A
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Bissell Professional Group
Firm License # C-956
B!SSELL3512North Croatan Highway
P.O. Box 1068
Kitty Hawk. North Carolina 27949
THIS DOCUMENT IS THE SOLE PROPERTY OF BPG, INC. OF KITTY
HAWK, NORTH CAROLINA. THE REPRODUCTION, IN WHOLE OR
PART, OR THE MODIFICATION OF ANY DETAIL OR DESIGN IS NOT TO
BE MADE WITHOUT THE EXPRESS WRITTEN CONSENT OF MARK S.
BISSELL, PRINCIPAL OF BPG, INC., COPYRIGHT 2005.
MOYOCK CURRITUCK COUNTY NORTH CAROLINA
EXISTING CONDITIONS
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REVISIONS
NO.1 DATE I DESCRIPTION I BY
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SHEET:
7 OF 7
CAD FILE:
3410SITEMAP-2021
PROJECT NO:
3410
‘ 4,

Assignment and Assumption Agreement of
Irrigation Agreement
This Assignment and Assumption Agreement of Utility, Effluent, and Force Main
Easement and Irrigation Agreement and Irrigation Agreement Addendum ("Assignment
Agreement"), effective as of July 22, 2021, ("Effective Date"), is by, between, and among
Currituck Water & Sewer LLC, a North Carolina limited liability company ("Assignor and Sandler
at Mill Run LLC, a North Carolina limited liability company ("Assignee"), (individually, a "Party"
and collectively, the "Parties").
WHEREAS, Assignor and Assignee entered into a Revised and Restated Asset Purchase
Agreement dated April 14, 2021 ("Acquisition Agreement"), that memorializes the intentions of
Assignor and Assignee to sell Assignee's Eagle Creek Wastewater System, subject to the terms
and conditions set forth therein; and
WHEREAS, the Golf Club owns and operates an Effluent Irrigation System that utilizes
reuse quality effluent treated in the Eagle Creek WWTP to irrigate the golf course and other areas;
and
WHEREAS, Assignor and the Golf Club entered into a Utility, Effluent. and Force Main
Easement and Irrigation Agreement on July 21, 2021 ("Irrigation Agreement"), attached hereto
as Exhibit A and incorporated herein by reference, in order to update and modify the rights and
obligations of Assignor and the Golf Club and to make it consistent with the current operation
and maintenance of the wastewater collection, treatment, and disposal system; and
WHEREAS, Assignee has requested renewal of its North Carolina Department of
Environmental Quality Permit No_ WQ 0014306 ("NC DEQ Permit") related to the operation and
management of the Wastewater System; and
WHEREAS, in order to proceed with Assignee's sale and transfer of the Wastewater
System to Assignor, the North Carolina Utilities Commission must approve the transfer of the
Wastewater System and the NC DEQ permit must be renewed; and
WHEREAS. the North Carolina Department of Environmental Quality requires that
Assignee be a party to the provisions of the Irrigation Agreement related to the treatment, storage,
and disposal of wastewater in order for the NC DEQ Permit to be renewed; and
WHEREAS, the North Carolina Department of Environmental Quality requires that
Assignee remain a party to the Irrigation Agreement until such time as the Wastewater System is
transferred to Assignor; and
WHEREAS, Assignor intends to install new force mains to deliver wastewater from off -
site developments to the WWTP, a portion of which will cross the Golf Course; and
1
LOACTIVE-41330977.3
123003564.1

WHEREAS, the Parties agree that from the Effective Date of this Assignment Agreement
until the closing of the Asset Purchase Agreement, Assignee shall assume the obligations of
Assignor related to the treatment, storage, and disposal of wastewater under the Irrigation
Agreement in favor of Assignor,; and
WHEREAS, the Parties agree that all provisions of the Irrigation Agreement related to
construct, install, maintain, repair, operate, upgrade, and replace wastewater collection lines are
not being assigned and shall remain in effect in favor of Assignor; and
WHEREAS, upon the closing of the sale of the Wastewater System, this Assignment
Agreement shall automatically terminate; and
WHEREAS, upon the closing of the sale of the Wastewater System to Currituck Water &
Sewer and the termination of this Assignment Agreement, the assignee shall have no further
obligations related to the Irrigation Agreement with the Assignor assuming its obligations; and
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set
forth herein, and for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Assignor, and the Assignee, intending to be legally bound, agree as follows.
1. Assignment and Assumption.
(a) Capitalized terms not defined herein shall have the meaning as provided in
the Irrigation Agreement.
(b) The Assignor hereby assigns, grants, conveys and transfers to the
Assignee the Assignor's rights, title, and interest in and to the sections listed below that
are contained in the Irrigation Agreement, as varied by the amendments set forth in
Exhibit B.
(c) The Assignee hereby accepts such assignment and assumes Assignor's
duties and obligations in the Irrigation Agreement arising on and after the Effective Date
and lasting until the closing of the sale of the Wastewater System, and Assignee hereby
agrees to perform and discharge, as and when due, all of the obligations of Assignor
under the Irrigation Agreement accruing on and after the Effective Date of this
Assignment Agreement and lasting until the closing of the sale of the Wastewater
System, and to be bound by its terms in every way as if Assignee were, and had been
from the inception, a party to the Irrigation Agreement in lieu of Assignor.
2. Irrigation Agreement Assigned Sections.
(a) In accordance with Section I above, the Assignment Agreement includes
all references to the treatment, storage, and disposal of wastewater in the following
sections or paragraphs of the Irrigation Agreement:
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(i) All provisions in Section 1 related to the treatment, storage, and
disposal of wastewater.
(ii) All provisions of Section 2 related to the treatment, storage and
disposal of wastewater.
(iii) Sections 3, 4, 5, 6, and 8 in their entirety.
(iv) All provisions of Section 11 and Section 12 related to the
treatment, storage, and disposal of wastewater.
(v) Sections 13, 14, 1.5, and 16 in their entirety.
(vi) All provisions of Section 17 shall apply to all Parties.
3. Automatic Termination upon Closing. Upon the closing of the sale of the
Wastewater System, this Assignment Agreement shall automatically terminate relieving
Assignee of all obligations herein. Further, the Parties agree that upon the closing of the sale of
the Wastewater System, Assignor and the Golf Club shall remain as the sole remaining parties to
the Irrigation Agreement including any and all obligations contain therein.
4. Governing Law. This Agreement shall be governed by the laws of the State of
North Carolina, without regard to its conflict of law or choice of law rules.
5. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which together shall be deemed to be one and the same agreement.
A signed copy of this Agreement delivered by facsimile, email, or other means of electronic
transmission shall be deemed to have the same legal effect as delivery of an original signed copy
of this Agreement.
6. Further Assurances. Each of the Parties hereto shall execute and deliver, at the
reasonable request of the other Party hereto, such additional documents. instruments, conveyances
and assurances and take such further actions as such other Party may reasonably request to carry
out the provisions hereof and give effect to the transactions contemplated by this Agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties have executed this Assignment Agreement to be
effective as of the date first above written.
4
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123003564.1
CURRITUCK W4 TER & SEWER, LLC
B
Name: A4, IA/ 7Itri136,72 -
Title: g4/44r ,_
SANDLER UTILITIES AT MILL RUN,
LLC
By:
Name: Raymond L. Gottlieb
Title: Manager

Exhibit A
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123003564.1

UTILITY, EFFLUENT, AND FORCE MAIN EASEMENT AND IRRIGATION AGREEMENT
RETURN TO:
Currituck Water & Sewer, LLC
4700 Homewood Ct., Suite 108
Raleigh, NC 27609
This UTILITY, EFFLUENT, AND FORCE MAIN EASEMENT AND IRRIGATION
AGREEMENT (the "Effluent Easement") is made and entered into as of the day of July,
2021, by Paasch Developments, LLC ("Golf Club"), and Currituck Water & Sewer, LLC, a North
Carolina limited liability company ("Utility Company").
WITNESSETH:
THAT WHEREAS, Sandler Utilities at Mill Run, LLC is the current owner of the wastewater
system (defined below); and
WHEREAS, TATE TERRACE REALTY INVESTORS, INC_, a Virginia corporation, and
JERNIGAN ENTERPRISES, a North Carolina general partnership executed that certain Contract
and Agreement, dated October 21, 1996, relating to the development of certain real property
more particularly described therein located in Currituck County, North Carolina; and
WHEREAS, Jernigan assigned all of its right, title and interest in and to the Contract and the
property to Mill Run Golf and Country CIub, Inc.; and
WHEREAS, TATE TERRACE REALTY INVESTORS, INC. conveyed those certain tracts of land
being Tracts 1A, 18, 1C, ID and lE as described in that plat entitled "Mill Run Exempt
Subdivision" dated May 8, 1997 prepared by Bissell Professional Group and recorded in Plat
Cabinet F, Slides 166, 167 and 168 of Currituck County, North Carolina, Public Registry, the
same being a portion of that property acquired by Tate Terrace Realty Investors, Inc. by Deed
recorded June 17, 1994 in Deed Book 342, Page 296, Currituck County Public Registry to Mill

Run Golf and Country Club, Inc. pursuant to that certain Deed, dated June 20,1997 duly
recorded in the Office of Register of Deeds of Currituck County, North Carolina; and
WHERAS, contemporaneous with the execution of the Deed, Tate Terrace Reality Investors, Inc.
and Mill Run Golf and Country Club, LLC executed that certain Agreement regarding
Restrictive Covenants, dated June 20, 1997, and recorded in Deed Book 407, Page 331; and
WHEREAS, contemporaneous with the execution of the Deed, Tate Terrace Reality Investors,
Inc. and Mill Run Golf and Country Club, LLC executed that Contract Addendum and
Agreement date June 20, 1997 , and recorded in Deed Book 407, Page 338; and
WHEREAS, contemporaneous with the execution of the Deed, Mill Run Golf and Country Club,
LLC executed that certain Performance Deed of Trust, dated June 20, 1997, and recorded in
Deed Book 407, Page 361, in favor of Tate Terrace Reality Investors, Inc.; and
WHEREAS, Tate Terrace Realty Investors, Inc., with the consent of Mill Run Golf and County
Club, LLC, assigned all of the right, title, interest and obligation to and under the Agreement,
the Contract, the Contract Addendum and the Deed of Trust to Sandler at Mill Run, LLC., as
evidenced and recorded in Deed Book 422, Page 297 in Currituck County Public Registry; and
WHEREAS, Sandler at Mill Run, LLC conveyed to Sandler Utilities at Mill Run, LLC., via the
March 1999 Agreement, among other property, the all rights possessed by Sandier at Mill Run,
LLC under the Contract [dated October 21,1996], Contract Addendum [dated June 20,19971,
and recorded at the Office of Register of Deeds of Currituck County, North Carolina in Deed
Book 407, Page 338
WHEREAS, Sandler Utilities at Mill Run, LLC and Utility Company have entered into the
Acquisition Agreement (defined below) whereby Utility Company will acquire certain
Wastewater facilities to serve Eagle Creek (defined below) and the surrounding area, and own
and operate the facilities as a utility company regulated by the Commission (defined below)
and DEQ (defined below) for wastewater service, including all of the rights and easements
detailed in the aforementioned Contract and Contract Addendum; and
WHEREAS, Utility Company is in the business of providing water and wastewater services,
such as Eagle Creek, and
WHEREAS, the Golf Club owns and operates an Effluent Irrigation System (defined below) that
is utilizing reuse quality effluent from the Eagle Creek Wastewater System to irrigate the golf
course and other areas, and
WHEREAS, both Golf Club and Utility Company desire to revise, amend, and restate those
certain rights and obligations as more fully detailed in the Contract, the Contract Addendum,
referenced herein, in order to update and modify the rights and obligations of the Parties to
make it more consistent with the current operation and maintenance of the wastewater
collection, treatment and disposal system; and

WHEREAS, the Utility Company is preparing to install new force mains that will bring
wastewater from off -site developments and return reuse water to off -site disposal areas, a
portion of which will cross the golf course property,
NOW, WHEREFORE, in consideration of good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Golf Club, Sandler Utilities at Mill Run, LLC
and Utility Company intending to be legally bound, agree as follows:
1_ Definitions.
a. "Acquisition Agreement" shall mean that certain Agreement for the transfer and
operation of the Wastewater Utility System, dated as of April , 2021,
executed between Sandler Utilities at Mill Run, LLC and Utility Company.
b. "Eagle Creek" shall mean the property known as fhe Eagle Creek community
located off Survey Road in Currituck County, North Carolina, which shall consist
of approximately 429 residential lots, school and a golf clubhouse, athletic fields,
trail system and other recreation and amenity areas.
c. "DEQ" shall mean the North Carolina Department of Environmental Quality.
d. "Effluent Easement" shall mean this Effluent and Force Main Easement and
Irrigation Agreement, including all exhibits and schedules hereto, if any, as may
be amended from time to time over:
i. Tract IE - Parcel ID: 0015000084D0000[Global PIN: 8031-01-4061];
ii. Tract 1D - Parcel ID: 0016000001A0000[Global PIN: 8030-19-9824];
iii. Tract 1.0 - Parcel ID: 0015000084C0000[Global PIN: 8031-41-8248];
iv_ Tract 1A — Parcel ID: 0015000084A0000[Global PIN: 8031-43-7597j;
v. Tract 1 B — Parcel 1-D: 0015000084B0000[Global PIN: 8031-53-1728j;
and including all certain tracts of land containing 159.91 acres in Moyock
Township, Currituck County North Carolina as shown on "Mill Run Exempt
Subdivision" plat, dated May 8, 1997 by Bissell Professional Group, and recorded
on plat book '1244, Pages 459, and Plat Cabinet F, Slides 166, 167, and 168 of
Currituck County, North Carolina Registry to which reference is hereby made
for a more particular description.
e. "Effluent Infiltration and Storage Pond" shall mean the 7.4 million gallon
irrigation water storage pond, owned and operated by Utility Company in which
the Reuse Effluent (as defined below) will be stored after treatment at the
WWW 1P (as defined below), and from which the Reuse Effluent will then be
pumped to be sprayed on the Spray Areas (as defined below).
f. "Golf Course" shall mean the golf course and areas appurtenant to the golf course
at Eagle Creek owned by Golf Club, including Golf Course rough, buffers, cart
paths and access areas.

g. "NCUC" shall mean the North Carolina Utilities Commission.
h. "Permit" shall mean the permit for the operation of the Wastewater Treatment
System and Spray Irrigation Facilities. (each as defined below) issued by DEQ as
the same may be modified or renewed from time to time.
i. "Reuse Water" shall mean the wastewater that has been treated by Utility
Company to the point that it meets the quality standards required by the permit.
j. "Reuse Water Pumping Station shall mean that certain pump house, pumps and
controls to be located near the Reuse Water Irrigation and Storage Pond, the
function of which will be to pump Reuse Water to and through the Spray
Irrigation Facilities at Eagle Creek.
k. "Spray Areas" being all that certain tracts of land Tracts 1A, 1B, IC, 1D and IE
containing 159.61 acres in Moyock Township, Currituck County North Carolina
as shown on "Mill Run Exempt Subdivision" plat, dated May 8, 1997 by Bissell
Professional Group, and recorded on plat book '1244, Pages 459, and Plat Cabinet
F, Slides 166, 167, and 168 of Currituck County, North Carolina Registry to which
reference is hereby made for a more particular description and generally shall
mean all areas on the Golf Course, Golf Course buffers, Golf Course rough, Golf
Course cart paths, and Golf Course access areas, and other specific tracts of land
at the Eagle Creek Golf Club that have been or could be permitted by DEQ for
spray irrigation of Reuse Water.
1. "Spray Irrigation Facilities" shall mean all Reuse Water irrigation lines, Reuse
Water Pumping Station, pumps, booster pumps, irrigation- and spray devices,
controls and other devices used in the application of Reuse Water from the
Effluent Irrigation and Storage Pond, as shown on Exhibit A - Irrigation Plan
Layout dated February 4, 1998.and prepared by Bissell Professional Group, upon
the Spray Areas located within Eagle Creek, together with all the appurtenant
easements.
m. "Utility Easement Area" " being all that certain tracts of land Tracts 1A, 1B, IC,
1D and IE containing 159.61acres in Moyock Township, Currituck County
North Carolina as shown on "Mill Run Exempt Subdivision" plat, dated May 8,
1997 by Bissell Professional Group, and recordedon plat book '1244, Pages 459,
and Plat Cabinet F, Slides 166, 167, and 168 of Currituck County, North Carolina
Registry to which reference is hereby made for a more particular description and
generally shall mean all areas on the Golf Course, Golf Course buffers, Golf
Course rough, Golf Course cart paths, and Golf Course access areas, and other
specific tracts of land at the Eagle Creek Golf Club that have been or could be
permitted by DEQ for spray irrigation of Reuse Water.
n. "Wastewater Treatment System" shall mean the WWTP, the collection system
that delivers wastewater to the WWTP, the Reuse Water Irrigation and Storage
Pond, the upset pond, all lift stations, the Reuse Water Pump Station and other

facilities used in the collection, treatment, holding and disposal of recovered
water, except the Spray Irrigation Facilities.
o. WWTP shall mean the wastewater treatment plant located within the Eagle
Creek development.
2. Utility Easements
a. Golf Club hereby grants such Utility Easements over the Golf Course Property in
favor of Utility Company and its successors and assigns as are necessary for
Utility Company's collection, treatment and disposal of wastewater for the
purpose of constructing, Iaying, maintaining, installing, repairing, operating,
upgrading, and replacing wastewater collection, treatment and disposal facilities
which are necessary and/or required to provide wastewater service to Utility
Company customers. Golf Club agrees that Utility Company shall notify Golf
Club of the location of utility easement and that Golf CIub will agree in good
faith to the location of the underground utility easements across the Golf Course
Property provided, however, no such utility easement shall be established in
locations which unduly interfere with the operation of the Golf Course_ The
facilities constructed or to be constructed shall not unduly interfere with the
construction of any improvements constructed or to be constructed on the Golf
Course Property.
b. Golf Club hereby grants to Utility Company, its successors and assigns access for
connection to any and all wastewater lines, irrigation lines, mains, pipes, laterals,
lift stations, pump stations, and appurtenances.
c. Force Main Route. In accordance with the notification provision contained
herein, Utility Company intends to construct a wastewater force main through
the Easement Area. The route for the force main is shown on Exhibit B1 -
Proposed Land Development Plan dated February 17, 2021.
d. Sewer Collection. In accordance with the notification provision contained herein,
Utility Company is evaluating the feasibility of construction of wastewater sewer
collection mains through the Easement Area to serve the residents of Eagle
Creek. The route being evaluated for the sewer collection main is shown on
Exhibit B2.
3. Treatment and Storage.
a, Utility Company will treat wastewater in its WWTP and discharge the recovered
water into the Reuse Water Irrigation and Storage Pond. The Reuse Water will
be treated by Utility Company to meet appropriate standards established by
DWQ in its Permit No. WQ 0014306, and any modified or successive permits
issued by DEQ. The maximum amount of flow based upon the DEQ application
for approval is permitted to be 350,000 gallons per day ("gpd"). CWS shall not
make an application to NC DEQ to increase the amount of flow irrigated on the

golf course beyond an average of 350,000 gpd without the written consent of the
Golf Course
4. Withdrawal and Spray Irrigation.
a. Golf Club shall be responsible for operation maintenance, and repair of the:
Reuse Effluent Pumping Station that withdraws the Reuse Effluent from the
Reuse Water Irrigation and Storage Pond and for the daily operation of the Spray
Irrigation Facilities, as shown Exhibit C, under the direction of Utility Company's
certified spray irrigation operator.
5. Spraying Activities and Reports.
a. Golf CIub will cause its superintendent to spray the Reuse Water onto the DEQ
approved Spray Areas. The spray irrigation shall be performed in compliance
with all DEQ requirements subject to oversight by Utility Company's and Utility
Company's certified spray irrigation operator as the DEQ permittee. Golf Club
will cause its superintendent to provide to Utility Company all of its monthly
application rates including amounts withdrawn from the Reuse Water Irrigation
and Storage Pond, amounts sprayed on each DEQ approved Spray Area,
application rates and all other Reuse Water spray• irrigation information
required on Utility Company's monthly reports to DEQ. This information shall
be provided in a timely manner each month.
6. Maintaining Effluent Storage Pond Level.
a. Utility Company shall require its certified spray irrigation system operator to
monitor the level of the reuse water in the Reuse Water Irrigation and Storage
Pond and to maintain the level in the Reuse Water Irrigation and Effluent
Storage Pond at or below the DEQ required freeboard. During the spring,
summer, winter and fall months, Golf Club shall remove Reuse Water from the
Reuse Water Irrigation and Storage Pond and spray it onto the Spray Area to the
maximum extent practicable, so as to maximize storage capacity for winter
months when demand for irrigation water is low. During winter months, Golf
CIub shall remove Reuse Water from the Reuse Water Irrigation and Storage
Pond and spray it onto the Spray Area as conditions permit. Notwithstanding
the foregoing, nothing in this Agreement shall be construed to require Golf CIub
or its superintendent to take any action that would constitute a violation of the
Permit or of any law or regulation or cause damage to Golf Course.
7. Minimum Required Withdrawal.
a. Golf Club shall cause its superintendent to remove from the Reuse Water
Irrigation and Storage Pond and spray onto the Spray Areas all of the available
Reuse Effluent up to a maximum annual amount of 127,750,000gallons. mote:
currently the Eagle Creek system allows the irrigation of up to 262,625 gpd based
on installed irrigation, which could be increased to the permit number of

350,000gpd with additional spray heads which shall be installed at Utility's
expense.'
b_ From time to time, there may not be enough Reuse Water to adequately irrigate
the Golf Course. When there is an inadequate supply of Reuse Water, Golf Club
in its reasonable discretion shall have: the right to pump water from other Utility
Company approved sources into the Reuse Water Irrigation and Storage Pond,
which shall be used to irrigate the Spray Areas.
c. Golf Club is currently and shall continue spraying Reuse Water onto the Spray
Areas.
d. At such time in the future as additional Reuse Water becomes available beyond
the 127,750,000 gallons on an annual basis, then Golf Club shall have first option
in Golf Club's reasonable discretion to utilize this additional Reuse Water for
spray irrigation on the Spray Areas while complying with the DEQ Permits.
8. Spray System Maintenance Account and Utility Company's Right to Assume
Spraying Operations.
a. CWS and Golf Club agree to establish a Spray System Maintenance Account to
be used for future maintenance of the spray system. CWS agrees to provide an
initial deposit $50,000.00 upon Utility Company's acquisition of the system to be
deposited into this account for future spray system maintenance. CWS agrees to
reimburse the Spray System Maintenance Account a maximum of $2,400 per year
for capitalized repairs CWS and. Golf Club agree that establishing the account
shall be contingent upon NCUC approval of the transfer from Sandier Utility to
CWS and the execution of a mutually agreed upon escrow agreement, Attached
hereto as Exhibit E. establishing the criteria for use of the funds.
b. Golf Club shall operate the Spray Irrigation Facilities in such a manner and with
sufficient frequency to distribute Reuse Water in accordance with Section 6. If, in
the reasonable opinion of Utility, Golf Club is not operating or maintaining the
Spray irrigation Facilities in accordance with the terms of this Effluent Easement
or DEQ requirements, then Utility Company shall give Golf Club written notice
to make such repairs or improve such operation and maintenance procedures
and, if Golf Club fails or refuses to do so within thirty (30) days after receipt of
said written notice, then, at Utility Company's option, Utility Company shall
have the right to enter the Spray Areas and undertake such responsibilities to the
extent necessary to operate the Spray Irrigation Facilities to accomplish the
purposes of this Effluent Easement, and use any remaining funds in the Spray
System Maintenance Account for the reasonable and necessary costs actually
incurred thereby; provided, however, that nothing herein shall relieve Golf Club
from the continuing obligation of operation and maintenance of Spray Irrigation
Facilities. Should Utility assume the responsibility to operate and maintain the
Spray irrigation Facilities, it shall have the obligation to maintain the Spray

Areas and Spray irrigation Facilities for the purpose of irrigation with -Reuse
Water;
9. Testing and Inspections.
a. Utility Company shall have the right, at "any time and upon reasonable notice to
Golf Club to enter the Spray Areas and inspect and review the operation and
maintenance of the Spray Irrigation Facilities, take tests including water samples,
soil borings, and conduct other tests and monitoring of the Spray Areas
(including the installation and maintenance of monitoring wells) in relation to
the operations to be conducted under this Effluent easement; provided, however,
that (i) Utility Company's testing and inspection activities on the Spray Areas
shall not interfere with the intended use of the Spray Areas, and (ii) Utility
Company shall use commercially reasonable efforts to avoid damage to the
Spray Irrigation Facilities and the Spray Areas.
10. Service Interruption.
a. In the event of service interruptions caused by a malfunction of the WWTP,
Utility Company shall exercise due diligence in completing the necessary repairs
and restoring Reuse Water delivery to the Reuse Water Irrigation and Storage
Pond. In the event of service interruption caused by a malfunction of the Spray
Irrigation Facilities, Golf Club shall exercise due diligence in completing the
necessary repairs and restoring Reuse Effluent irrigation to the Spray Areas.
11. Grant of Easements.
a. Golf Club hereby grants and conveys to Utility Company, its successors and
assigns, a perpetual non-exclusive Utility, Effluent and Force Main and Irrigation
Easement as more fully described in this Effluent Easement within all the Areas:
identified in the attached Exhibit C ("Easement Areas"). Golf Club shall not
further encumber the Easement Areas, or engage in any activity therein, or grant
any other interest or privilege therein to any other party, that would interfere
with Utility Company's enjoyment of its rights or fulfillment of its obligations
created by this Effluent Easement. Golf Club also grants and conveys to Utility
Company, its successors and assigns, a perpetual non-exclusive easement for the
purpose of installation, repair and maintenance of one or more force mains that
will bring wastewater from off -site developments and return reuse water to off -
site disposal areas, following the general alignment shown on the attached
Exhibit B1 ("Force main exhibit) and Exhibit 82 ("Sewer Collection Exhibit").
Utility Company shall not interfere with the intended use of the golf course and
shall use commercially reasonable efforts to avoid damage to the golf course, and
shall make repairs following installation or repair of the force mains within 14
days of completion of installation or repair, to include restoration of any
damaged turf.
12. Right of Entry.

a. Golf Club hereby grants to Utility Company a right of ingress, egress, regress
and access to and from the Easement Areas, and over, across, upon, and through
the Spray Areas, as necessary for Utility Company to enjoy the rights and to
fulfill its obligations under this Effluent Easement. Utility Company right of
ingress, egress, regress and access shall be non-exclusive; provided, however,
Golf Club shall not interfere with or permit arty other party to interfere with
Utility Company's right of ingress. egress, regress, and access, which shall exist
so long as this Effluent Easement remains in force and shall inure to the benefit
of Utility Company's successors and assigns. In the exercise of Utility Company's
right of ingress, egress, regress, and access, Utility Company shall where
possible, use existing roads, paths, and other ways of travel to and from the
Spray Areas. Utility Company shall have no obligation to maintain such roads,
paths, or other ways of travel, but shall exercise ordinary care in its use of the
same. Where roads, paths, or other ways of travel do not exist, Golf Club shall
make reasonable efforts to specify ways of travel for Utility Company use so as
to permit Utility Company to enjoy the privileges and fulfill the obligations
created by this Effluent Easement without undue interference. Utility Company
shall use its best efforts to conduct its activities on the Spray Areas and in the
Easement Areas so as to avoid any unreasonable and adverse interference with
the normal use of the golf course and other Spray Areas.
13. No Payments for Reuse Effluent or Operation of the Spray Irrigation Facilities.
a. Except for the establishment of the Spray System Maintenance Account, Initial
Spray System Upgrades and the Irrigation Pump House Reimbursement and the
money due under the escrow agreement attached hereto as Exhibit E, there will
not be any payments now or at any time in the future by Golf Club to Utility
Company for the Reuse Effluent that will be sprayed on the Spray Areas. There
will not be any payments by Utility Company to Golf Club now or in the future
for the operation, maintenance, and repair of the Spray Irrigation Facilities. For
clarity, this provision does not apply to the monthly payment by Golf Club for
wastewater service as authorized by the Commission. Golf Club shall be
responsible for payment of North Carolina Utility Commission approved
monthly service charges for wastewater services attributable to the flow from no
more than ten (10) toilets located within the clubhouse on the Golf Course
Property. The service charges shall be due and payable in accordance with
approved Utility Company billing procedures.
b. Irrigation Pump House Reimbursement. It is understood and agreed that Golf
Club recently upgraded the irrigation pump house_ Upon execution of this
easement and submittal of invoices to CWS, CWS shall pay to Golf Club
$27,665.39 for reimbursement of the cost to upgrade the irrigation pump station.

c. No payment for Irrigation Water. Unless agreed to in writing, Utility Company
shall not charge Golf Club for access and use of reuse water for spray irrigation
on the golf course.
14. Initial Spray System Upgrades.
a. Upon approval of the transfer of the Eagle Creek Wastewater system by the
North Carolina Utility Commission and transfer of the wastewater assets to
CWS, , Utility company shall, at Utility Company's cost, conduct an engineering
evaluation, obtain the necessary permits and complete the repairs, renewal and
replacements and upgrades recommended in the engineer's evaluation. The
repairs, renewal and replacements at a minimum shall by consistent with the
proposal completed by Ewing Irrigation and Landscape Supply, and attached
hereto as Exhibit F. CWS shall not be required to accept the Ewing Irrigation and
Landscape Supply proposal but shall ensure that the repairs, replacements and
upgrades are equal or better than those provided in the proposal.
15. Replacement of the Spray Irrigation Facilities.
a. During the period of Golf Course control of the Spray Irrigation Facilities and at
such time in the future as it is necessary to replace any portion of the Spray
Irrigation Facilities, it shall be Golf Club's sole responsibility to replace such
portion of the Spray Irrigation Facilities at Golf Club's cost. Golf Club shall have
no responsibilities for the repair, operation or maintenance of the Reuse Water
Irrigation and Storage Pond, including piping from the Storage Pond to the
Pump Station, or the force main, which will be the sole responsibility of Utility
Company.
16. Expansion and Upgrade of Irrigation Pump Station and Spray Irrigation Facilities.
a. At the Utility Company's sole discretion, it shall have the right to expand or
upgrade the Irrigation Pump Station and Spray Irrigation System and that Golf
Club shall accept said expansion and upgrades and shall operate and maintain
the Pump Station and Spray Irrigation System consistent with this Agreement
and as directed by Utility's North Carolina Certified Spray Irrigation Operator
but in no event shall the flow of Reuse Water to the golf course exceed 350,000
gallons per day
17. Reuse Effluent Quality.
a. Utility Company will not be responsible for achieving water quality levels in the
Reuse Water beyond the requirements of the spray irrigation permits issued by
DEQ.
18. General Provisions.
a. Binding upon Successors and Assigns_ Either party may assign this Effluent
Easement to another entity and it shall be binding upon and shall inure to the
benefit of Golf Club and Utility Company, and the successors and assigns of
each.

b. No Third Party Beneficiary Rights. Nothing expressed or referred to in this
Effluent Easement shall be construed to give any person other than the parties to
this Effluent Easement any legal or equitable right, remedy or claim under or
with respect to this Effluent Easement or any provision of this Effluent Easement,
except such rights as shall inure to a successor or permitted assignee pursuant to
Section 15.a above.
c. Independent Contractor. The parties hereto are and shall be independent
contractors to one another, and nothing herein shall be deemed to cause this
Effluent Easement to create an agency, partnership, or joint venture between the
parties hereto_
d. Counterparts. This Effluent Easement may be executed in one or more
counterpart signature pages (including email counterpart signature pages), each
of which will be deemed to be an original copy of this Effluent Easement and all
of which, when taken together, will be deemed to constitute one and the same
agreement.
e. Headings. The headings of particular provisions of this Effluent Easement are
inserted for convenience only and shall not be construed as part of this Effluent
Easement or serve as a limitation or expansion on the scope of any term or
provision of this Effluent Easement.
f. Enforcement of Effluent Easement. Each party acknowledges and agrees that the
other party would be irreparably damaged if any of the provisions of this
Effluent Easement are not performed in accordance with their specific terms and
that any breach of this Effluent Easement by a party could not be adequately
compensated in all cases by monetary damages alone. Accordingly, in addition
to any other right or remedy to which a party may be entitled at law or in equity,
it shall be entitled to enforce any provision of this Effluent Easement by a decree
of specific performance and to temporary, preliminary and permanent injunctive
relief to prevent any breach or threatened breach of any of the provisions of this
Effluent Easement, without posting any bond or other undertaking.
g. Notices. All notices and other communications required or permitted hereunder
shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by
United States first-class mail, postage prepaid, (iii) by hand or nationally
recognized overnight courier, or (iv) by email addressed to the address or email
address indicated on the signature pages to this Effluent Easement (or at such
other address or email address as such party or permitted assignee shall have
furnished to the other parties hereto in writing. All such notices' and other
written communications shall be effective on the date of delivery, mailing, or
receipt of email transmission.
h. Waiver. No waivers of, or exceptions to, any term, condition or provision of this
Effluent Easement, in any one or more instances, shall be deemed to be, or

construed as, a further or continuing waiver of any such term, condition or
provision.
i. Entire Agreement. This writing and the documents reference to herein embody
the entire agreement and understanding between the parties hereto and there are
no other agreements or understandings, oral or written, with reference to the
subject matter hereof that arc not merged herein and superseded hereby.
j. Modifications in Writing. This Effluent Easement shall not be modified,
amended, or changed in any respect except in writing, duly signed by the parties
hereto, and each party hereby waives any right to amend this Effluent Easement
in any other way.
k. Consent to Jurisdiction. The parties hereto agree that the state and federal courts
of North Carolina shall have exclusive jurisdiction over this Effluent Easement
and any controversies arising out of, relating to, or referring to this Effluent
Easement, the formation of this Agreement, and actions undertaken by the
parties hereto as a result of this Effluent Easement, whether such controversies
sound in tort law, contract law or otherwise. Each of the parties hereto expressly
and irrevocably consents to the personal jurisdiction of such state and federal
Courts, agrees to accept service of process by mail, and expressly waives any
jurisdictional or venue defenses otherwise available.
Governing Law. This Effluent Easement shall be governed by the internal
substantive laws of the State: of North Carolina, without regard to such state's
conflict of law or choice of law rules.
m. Recordation. Upon execution of this Effluent Easement, Utility shall record this
Effluent Easement in the Register of Deeds of Currituck County, North Carolina
at Utility Company's expense.
[Signature Pages Appear on the Following Pages]

IN WITNESS WHEREOF, the parties have caused this Effluent Easement to be duly executed in
their respective names, all by authority duly given, the day and year first above written.
Golf Club:
Paasch Development, LLC
By:
Tim Paasch
Manager
STATE OF NORTH CAROLINA
COUNTY OF CURRITUCK
I, the undersigned, a Notary Public of the County and State aforesaid, certify that Tim Paasch,
Member of Paasch Development, LLC, whose identity has been proven by satisfactory evidence,
said evidence being: I have personal knowledge of the identity of the principal, I have seen
satisfactory evidence of the principal's identity, by a current state or federal identification with the
principal's photograph in the form of a credible witness has sworn to the identity of the principal;
personally came before me this day and acknowledged that he is a Member of Paasch
Development. LLC and that he, in such capacity and being authorized to do so, voluntarily
executed the foregoing on behalf of the corporation for the purpose stated therein and in the
capacity indicated.
Witness my hand and official stamp or seal this
day of 2021.
Notary Public Signature:
Print Name:
My Commission Expires:
Notary Registration Number:
AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE1

Utility Company:
CURRITUCK WATER & SEWER, LLC
Manager
STATE OF NORTH CAROLINA
COUNTY OF CURRITUCK
I. the undersigned, a Notary Public of the County and State aforesaid, certify that Michael Myers.
Member of Currituck Water & Sewer. LLC, whose identity has been proven by satisfactory
evidence. said evidence being: I have personal knowledge of the identity of the principal, I have
seen satisfactory evidence of the principal's identity, by a current state or federal identification with
the principal's photograph in the form of a credible witness has sworn to the identity of the
principal; personally came before me this day and acknowledged that he is a Member of Currituck
Water & Sewer, LLC and that he, in such capacity and being authorized to do so, voluntarily
executed the foregoing on behalf of the corporation for the purpose stated therein and in the
capacity indicated.
Witness my hand and official stamp or seal this
day of 2020.
Notary Public Signature:
Print Name:
My Commission Expires:
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]

Exhibit A - Irrigation Plan Layout [Bissell Professional Group, February 4, 1998.

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State of North Carolina
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE WASTEWATER SYSTEM WAIVER
AGREEMENT TO WAIVE SETBACKS AS REQUIRED BY
15A NCAC 02T .0506(a), .0506(b), .0606(a), .0706(a) AND .1006(a)
I, _Paasch Development, LLC_(printed name), certify that I am a deeded owner or an authorized
agent of the property located at:
Address: 109 Greenview Rd. Parcel No.: 0016000001A0000
City: Moyock
State: NC Zip Code: 27958 County: Currituck
Furthermore, I certify that I am authorized to make decisions regarding this property, and that I do hereby
agree that the setback distances cited below be granted to the Applicant/Permittee listed on the following
page.
I understand the setback requirements set forth in 15A NCAC 02T. For the parcel identified above,
I consent to the following reduced setbacks:
❑ Wastewater Irrigation/Infiltration Setback to Property Lines
The required setback of feet is reduced to feet, thereby allowing wastewater effluent
irrigation or infiltration no closer than feet from my property line.
❑ Wastewater Irrigation/Infiltration Setback to Places of Assembly
The required setback of feet is reduced to feet, thereby allowing wastewater effluent
irrigation or infiltration no closer than feet from my residence(s) or place(s) of assembly.
® Wastewater Treatment and Storage Unit Setback to Property Lines
The required setback of 50 feet is reduced to 0 feet, thereby allowing the construction of
wastewater treatment and storage units no closer than 0 feet from my property line.
❑ Wastewater Treatment and Storage Unit Setback to Places of Assembly
The required setback of feet is reduced to feet, thereby allowing the construction of
wastewater treatment and stor ■e units no closer than feet from my residence or place of
assembly.
Signature:
FORM: NDWSW 02-19
Date: 7 — Z 2 - 2—o2/
Page 1 of 2

Applicant/Permittee: Sanlder at Mill Run, LLC Permit No.: WQ0014306
Address: 287 Greenview Rd
City: Moyock
Parcel No.: 0016000001A0000
State: NC Zip Code: 27958 County: Currituck
NORTH CAROLINA, CPIIP r f COUNTY
I, 110r I i e�� r, bri(m .� 4 a Notary Public for CMifr, County, North Carolina,
do hereby certify that // 1 I47.4 SG Ji personally appeared before me this day
and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the day of
SEAL
William Brumsey, IV
NOTARY PUBLIC
Currituck County
North CaroiinaJuna 25 2025
My Commission Expires „.gym...
Signature of Notary Public
My commission expires /.2-, /2
Once notarized, this form shall be recorded at the Register of Deeds in the county or counties in
which the described properties are located. A copy of the recorded waiver shall be sent to the
following address:
Division of Water Resources
Non -Discharge Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
FORM: NDWSW 03-17 Page 2 of 2

UTILITY, EFFLUENT, AND FORCE MAIN EASEMENT AND IRRIGATION AGREEMENT
RETURN TO:
Currituck Water & Sewer, LLC
4700 Homewood Ct., Suite 108
Raleigh, NC 27609
This UTILITY, EFFLUENT, AND FORCE MAIN EASEMENT AND IRRIGATION
AGREEMENT (the "Effluent Easement") is made and entered into as of the *.1 sT day of July,
2021, by Paasch Developments, LLC ("Golf Club"), and Currituck Water & Sewer, LLC, a North
Carolina limited liability company ("Utility Company").
WITNESSETH:
THAT WHEREAS, Sandler Utilities at Mill Run, LLC is the current owner of the wastewater
system (defined below); and
WHEREAS, TATE TERRACE REALTY INVESTORS, INC., a Virginia corporation, and
JERNIGAN ENTERPRISES, a North Carolina general partnership executed that certain Contract
and Agreement, dated October 21,1996, relating to the development of certain real property
more particularly described therein located in Currituck County, North Carolina; and
WHEREAS, Jernigan assigned all of its right, title and interest in and to the Contract and the
property to Mill Run Golf and Country Club, Inc.; and
WHEREAS, TATE TERRACE REALTY INVESTORS, INC. conveyed those certain tracts of land
being Tracts 1A, 1B, 1C, lD and lE as described in that plat entitled "Mill Run Exempt
Subdivision" dated May 8, 1997 prepared by Bissell Professional Group and recorded in Plat
Cabinet F, Slides 166, 167 and 168 of Currituck County, North Carolina, Public Registry, the
same being a portion of that property acquired by Tate Terrace Realty Investors, Inc. by Deed
recorded June 17, 1994 in Deed Book 342, Page 296, Currituck County Public Registry to Mill

Run Golf and Country Club, Inc. pursuant to that certain Deed, dated June 20,1997 duly
recorded in the Office of Register of Deeds of Currituck County, North Carolina; and
WHERAS, contemporaneous with the execution of the Deed, Tate Terrace Reality Investors, Inc.
and Mill Run Golf and Country Club, LLC executed that certain Agreement regarding
Restrictive Covenants, dated June 20, 1997, and recorded in Deed Book 407, Page 331; and
WHEREAS, contemporaneous with the execution of the Deed, Tate Terrace Reality Investors,
Inc. and Mill Run Golf and Country Club, LLC executed that Contract Addendum and
Agreement date June 20, 1997 , and recorded in Deed Book 407, Page 338; and
WHEREAS, contemporaneous with the execution of the Deed, Mill Run Golf and Country Club,
LLC executed that certain Performance Deed of Trust, dated June 20, 1997, and recorded in
Deed Book 407, Page 361, in favor of Tate Terrace Reality Investors, Inc.; and
WHEREAS, Tate Terrace Realty Investors, Inc., with the consent of Mill Run Golf and County
Club, LLC, assigned all of the right, title, interest and obligation to and under the Agreement,
the Contract, the Contract Addendum and the Deed of Trust to Sandler at Mill Run, LLC., as
evidenced and recorded in Deed Book 422, Page 297 in Currituck County Public Registry; and
WHEREAS, Sandler at Mill Run, LLC conveyed to Sandler Utilities at Mill Run, LLC., via the
March 1999 Agreement, among other property, the all rights possessed by Sandler at Mill Run,
LLC under the Contract [dated October 21, 1996], Contract Addendum [dated June 20,1997],
and recorded at the Office of Register of Deeds of Currituck County, North Carolina in Deed
Book 407, Page 338
WHEREAS, Sandler Utilities at Mill Run, LLC and Utility Company have entered into the
Acquisition Agreement (defined below) whereby Utility Company will acquire certain
Wastewater facilities to serve Eagle Creek (defined below) and the surrounding area, and own
and operate the facilities as a utility company regulated by the Commission (defined below)
and DEQ (defined below) for wastewater service, including all of the rights and easements
detailed in the aforementioned Contract and Contract Addendum; and
WHEREAS, Utility Company is in the business of providing water and wastewater services,
such as Eagle Creek, and
WHEREAS, the Golf Club owns and operates an Effluent Irrigation System (defined below) that
is utilizing reuse quality effluent from the Eagle Creek Wastewater System to irrigate the golf
course and other areas, and
WHEREAS, both Golf Club and Utility Company desire to revise, amend, and restate those
certain rights and obligations as more fully detailed in the Contract, the Contract Addendum,
referenced herein, in order to update and modify the rights and obligations of the Parties to
make it more consistent with the current operation and maintenance of the wastewater
collection, treatment and disposal system; and

WHEREAS, the Utility Company is preparing to install new force mains that will bring
wastewater from off -site developments and return reuse water to off -site disposal areas, a
portion of which will cross the golf course property,
NOW, WHEREFORE, in consideration of good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Golf Club, Sandler Utilities at Mill Run, LLC
and Utility Company intending to be legally bound, agree as follows:
1. Definitions.
a. "Acquisition Agreement" shall mean that certain Agreement for the transfer and
operation of the Wastewater Utility System, dated as of April , 2021,
executed between Sandler Utilities at Mill Run, LLC and Utility Company.
b. "Eagle Creek" shall mean the property known as the Eagle Creek community
located off Survey Road in Currituck County, North Carolina, which shall consist
of approximately 429 residential lots, school and a golf clubhouse, athletic fields,
trail system and other recreation and amenity areas.
c. "DEQ" shall mean the North Carolina Department of Environmental Quality.
d. "Effluent Easement" shall mean this Effluent and Force Main Easement and
Irrigation Agreement, including all exhibits and schedules hereto, if any, as may
be amended from time to time over:
i. Tract 1E - Parcel ID: 0015000084D0000[Global PIN: 8031-01-40611;
ii. Tract 1D - Parcel ID: 0016000001A0000[Global PIN: 8030-19-9824];
iii. Tract 1C - Parcel ID: 0015000084C0000[Global PIN: 8031-41-8248];
iv. Tract 1A — Parcel ID: 0015000084A0000[Global PIN: 8031-43-7597];
v. Tract 1B — Parcel ID: 0015000084B0000[Global PIN: 8031-53-1728];
and including all certain tracts of land containing 159.91 acres in Moyock
Township, Currituck County North Carolina as shown on "Mill Rim Exempt
Subdivision" plat, dated May 8, 1997 by Bissell Professional Group, and recorded
on plat book '1244, Pages 459, and Plat Cabinet F, Slides 166, 167, and 168 of
Currituck County, North Carolina Registry to which reference is hereby made
for a more particular description.
e. "Effluent Infiltration and Storage Pond" shall mean the 7.4 million gallon
irrigation water storage pond, owned and operated by Utility Company in which
the Reuse Effluent (as defined below) will be stored after treatment at the
WWWTP (as defined below), and from which the Reuse Effluent will then be
pumped to be sprayed on the Spray Areas (as defined below).
f. "Golf Course" shall mean the golf course and areas appurtenant to the golf course
at Eagle Creek owned by Golf Club, including Golf Course rough, buffers, cart
paths and access areas.

g. "NCUC" shall mean the North Carolina Utilities Commission.
h. "Permit" shall mean the permit for the operation of the Wastewater Treatment
System and Spray Irrigation Facilities. (each as defined below) issued by DEQ, as
the same may be modified or renewed from time to time.
i. "Reuse Water" shall mean the wastewater that has been treated by Utility
Company to the point that it meets the quality standards required by the permit.
j. "Reuse Water Pumping Station shall mean that certain pump house, pumps and
controls to be located near the Reuse Water Irrigation and Storage Pond, the
function of which will be to pump Reuse Water to and through the Spray
Irrigation Facilities at Eagle Creek.
k. "Spray Areas" being all that certain tracts of land Tracts 1A, 1B, 1C, 1D and IE
containing 159.61 acres in Moyock Township, Currituck County North Carolina
as shown on "Mill Run Exempt Subdivision" plat, dated May 8, 1997 by Bissell
Professional Group, and recorded on plat book '1244, Pages 459, and Plat Cabinet
F, Slides 166, 167, and 168 of Currituck County, North Carolina Registry to which
reference is hereby made for a more particular description and generally shall
mean all areas on the Golf Course, Golf Course buffers, Golf Course rough, Golf
Course cart paths, and Golf Course access areas, and other specific tracts of land
at the Eagle Creek Golf Club that have been or could be permitted by DEQ for
spray irrigation of Reuse Water.
1. "Spray Irrigation Facilities" shall mean all Reuse Water irrigation lines, Reuse
Water Pumping Station, pumps, booster pumps, irrigation- and spray devices,
controls and other devices used in the application of Reuse Water from the
Effluent Irrigation and Storage Pond, as shown on Exhibit A - Irrigation Plan
Layout dated February 4,1998 and prepared by Bissell Professional Group, upon
the Spray Areas located within Eagle Creek, together with all the appurtenant
easements.
m. "Utility Easement Area" " being all that certain tracts of land Tracts 1A, IB, 1C,
1D and lE containing 159.61 acres in Moyock Township, Currituck County
North Carolina as shown on "Mill Run Exempt Subdivision" plat, dated May 8,
1997 by Bissell Professional Group, and recorded on plat book '1244, Pages 459,
and Plat Cabinet F, Slides 166, 167, and 168 of Currituck County, North Carolina
Registry to which reference is hereby made for a more particular description and
generally shall mean all areas on the Golf Course, Golf Course buffers, Golf
Course rough, Golf Course cart paths, and Golf Course access areas, and other
specific tracts of land at the Eagle Creek Golf Club that have been or could be
permitted by DEQ for spray irrigation of Reuse Water.
n. "Wastewater Treatment System" shall mean the WWTP, the collection system
that delivers wastewater to the WWTP, the Reuse Water Irrigation and Storage
Pond, the upset pond, all lift stations, the Reuse Water Pump Station and other

facilities used in the collection, treatment, holding and disposal of recovered
water, except the Spray Irrigation Facilities.
o. WWTP shall mean the wastewater treatment plant located within the Eagle
Creek development.
2. Utility Easements
a. Golf Club hereby grants such Utility Easements over the Golf Course Property in
favor of Utility Company and its successors and assigns as are necessary for
Utility Company's collection, treatment and disposal of wastewater for the
purpose of constructing, laying, maintaining, installing, repairing, operating,
upgrading, and replacing wastewater collection, treatment and disposal facilities
which are necessary and/or required to provide wastewater service to Utility
Company customers. Golf Club agrees that Utility Company shall notify Golf
Club of the location of utility easement and that Golf Club will agree in good
faith to the location of the underground utility easements across the Golf Course
Property provided, however, no such utility easement shall be established in
locations which unduly interfere with the operation of the Golf Course. The
facilities constructed or to be constructed shall not unduly interfere with the
construction of any improvements constructed or to be constructed on the Golf
Course Property.
b. Golf Club hereby grants to Utility Company, its successors and assigns access for
connection to any and all wastewater lines, irrigation lines, mains, pipes, laterals,
lift stations, pump stations, and appurtenances.
c. Force Main Route. In accordance with the notification provision contained
herein, Utility Company intends to construct a wastewater force main through
the Easement Area. The route for the force main is shown on Exhibit B1 -
Proposed Land Development Plan dated February 17, 2021.
d. Sewer Collection. In accordance with the notification provision contained herein,
Utility Company is evaluating the feasibility of construction of wastewater sewer
collection mains through the Easement Area to serve the residents of Eagle
Creek. The route being evaluated for the sewer collection main is shown on
Exhibit B2.
3. Treatment and Storage.
a. Utility Company will treat wastewater in its WWTP and discharge the recovered
water into the Reuse Water Irrigation and Storage Pond. The Reuse Water will
be treated by Utility Company to meet appropriate standards established by
DWQ in its Permit No. WQ 0014306, and any modified or successive permits
issued by DEQ. The maximum amount of flow based upon the DEQ application
for approval is permitted to be 350,000 gallons per day ("gpd"). CWS shall not
make an application to NC DEQ to increase the amount of flow irrigated on the

golf course beyond an average of 350,000 gpd without the written consent of the
Golf Course
4. Withdrawal and Spray Irrigation.
a. Golf Club shall be responsible for operation maintenance, and repair of the:
Reuse Effluent Pumping Station that withdraws the Reuse Effluent from the
Reuse Water Irrigation and Storage Pond and for the daily operation of the Spray
Irrigation Facilities, as shown Exhibit C, under the direction of Utility Company's
certified spray irrigation operator.
5. Spraying Activities and Reports.
a. Golf Club will cause its superintendent to spray the Reuse Water onto the DEQ
approved Spray Areas. The spray irrigation shall be performed in compliance
with all DEQ requirements subject to oversight by Utility Company's and Utility
Company's certified spray irrigation operator as the DEQ permittee. Golf Club
will cause its superintendent to provide to Utility Company all of its monthly
application rates including amounts withdrawn from the Reuse Water Irrigation
and Storage Pond, amounts sprayed on each DEQ approved Spray Area,
application rates and all other Reuse Water spray. irrigation information
required on Utility Company's monthly reports to DEQ. This information shall
be provided in a timely manner each month.
6. Maintaining Effluent Storage Pond Level.
a. Utility Company shall require its certified spray irrigation system operator to
monitor the level of the reuse water in the Reuse Water Irrigation and Storage
Pond and to maintain the level in the Reuse Water Irrigation and Effluent
Storage Pond at or below the DEQ required freeboard. During the spring,
summer, winter and fall months, Golf Club shall remove Reuse Water from the
Reuse Water Irrigation and Storage Pond and spray it onto the Spray Area to the
maximum extent practicable, so as to maximize storage capacity for winter
months when demand for irrigation water is low. During winter months, Golf
Club shall remove Reuse Water from the Reuse Water Irrigation and Storage
Pond and spray it onto the Spray Area as conditions permit. Notwithstanding
the foregoing, nothing in this Agreement shall be construed to require Golf Club
or its superintendent to take any action that would constitute a violation of the
Permit or of any law or regulation or cause damage to Golf Course.
7. Minimum Required Withdrawal.
a. Golf Club shall cause its superintendent to remove from the Reuse Water
Irrigation and Storage Pond and spray onto the Spray Areas all of the available
Reuse Effluent up to a maximum annual amount of 127,750,000gallons. [note:
currently the Eagle Creek system allows the irrigation of up to 262,625 gpd based
on installed irrigation, which could be increased to the permit number of

350,000gpd with additional spray heads which shall be installed at Utility's
expense.]
b. From time to time, there may not be enough Reuse Water to adequately irrigate
the Golf Course. When there is an inadequate supply of Reuse Water, Golf Club
in its reasonable discretion shall have: the right to pump water from other Utility
Company approved sources into the Reuse Water Irrigation and Storage Pond,
which shall be used to irrigate the Spray Areas.
c. Golf Club is currently and shall continue spraying Reuse Water onto the Spray
Areas.
d. At such time in the future as additional Reuse Water becomes available beyond
the 127,750,000 gallons on an annual basis, then Golf Club shall have first option
in Golf Club's reasonable discretion to utilize this additional Reuse Water for
spray irrigation on the Spray Areas while complying with the DEQ Permits.
8. Spray System Maintenance Account and Utility Company's Right to Assume
Spraying Operations.
a. CWS and Golf Club agree to establish a Spray System Maintenance Account to
be used for future maintenance of the spray system. CWS agrees to provide an
initial deposit $50,000.00 upon Utility Company's acquisition of the system to be
deposited into this account for future spray system maintenance. CWS agrees to
reimburse the Spray System Maintenance Account a maximum of $2,400 per year
for capitalized repairs CWS and Golf Club agree that establishing the account
shall be contingent upon NCUC approval of the transfer from Sandler Utility to
CWS and the execution of a mutually agreed upon escrow agreement, Attached
hereto as Exhibit E. establishing the criteria for use of the funds.
b. Golf Club shall operate the Spray Irrigation Facilities in such a manner and with
sufficient frequency to distribute Reuse Water in accordance with Section 6. If, in
the reasonable opinion of Utility, Golf Club is not operating or maintaining the
Spray irrigation Facilities in accordance with the terms of this Effluent Easement
or DEQ requirements, then Utility Company shall give Golf Club written notice
to make such repairs or improve such operation and maintenance procedures
and, if Golf Club fails or refuses to do so within thirty (30) days after receipt of
said written notice, then, at Utility Company's option, Utility Company shall
have the right to enter the Spray Areas and undertake such responsibilities to the
extent necessary to operate the Spray Irrigation Facilities to accomplish the
purposes of this Effluent Easement, and use any remaining funds in the Spray
System Maintenance Account for the reasonable and necessary costs actually
incurred thereby; provided, however, that nothing herein shall relieve Golf Club
from the continuing obligation of operation and maintenance of Spray Irrigation
Facilities. Should Utility assume the responsibility to operate and maintain the
Spray Irrigation Facilities, it shall have the obligation to maintain the Spray

Areas and Spray irrigation Facilities for the purpose of irrigation with 'Reuse
Water;
9. Testing and Inspections.
a. Utility Company shall have the right, at "any time and upon reasonable notice to
Golf Club to enter the Spray Areas and inspect and review the operation and
maintenance of the Spray Irrigation Facilities, take tests including water samples,
soil borings, and conduct other tests and monitoring of the Spray Areas
(including the installation and maintenance of monitoring wells) in relation to
the operations to be conducted under this Effluent easement; provided, however,
that (i) Utility Company's testing and inspection activities on the Spray Areas
shall not interfere with the intended use of the Spray Areas, and (ii) Utility
Company shall use commercially reasonable efforts to avoid damage to the
Spray Irrigation Facilities and the Spray Areas.
10. Service Interruption.
a. In the event of service interruptions caused by a malfunction of the WWTP,
Utility Company shall exercise due diligence in completing the necessary repairs
and restoring Reuse Water delivery to the Reuse Water Irrigation and Storage
Pond. In the event of service interruption caused by a malfunction of the Spray
Irrigation Facilities, Golf Club shall exercise due diligence in completing the
necessary repairs and restoring Reuse Effluent irrigation to the Spray Areas.
11. Grant of Easements.
a. Golf Club hereby grants and conveys to Utility Company, its successors and
assigns, a perpetual non-exclusive Utility, Effluent and Force Main and Irrigation
Easement as more fully described in this Effluent Easement within all the Areas:
identified in the attached Exhibit C ("Easement Areas"). Golf Club shall not
further encumber the Easement Areas, or engage in any activity therein, or grant
any other interest or privilege therein to any other party, that would interfere
with Utility Company's enjoyment of its rights or fulfillment of its obligations
created by this Effluent Easement. Golf Club also grants and conveys to Utility
Company, its successors and assigns, a perpetual non-exclusive easement for the
purpose of installation, repair and maintenance of one or more force mains that
will bring wastewater from off -site developments and return reuse water to off -
site disposal areas, following the general alignment shown on the attached
Exhibit B1 ("Force main exhibit) and Exhibit B2 ("Sewer Collection Exhibit").
Utility Company shall not interfere with the intended use of the golf course and
shall use commercially reasonable efforts to avoid damage to the golf course, and
shall make repairs following installation or repair of the force mains within 14
days of completion of installation or repair, to include restoration of any
damaged turf.
12. Right of Entry.

a. Golf Club hereby grants to Utility Company a right of ingress, egress, regress
and access to and from the Easement Areas, and over, across, upon, and through
the Spray Areas, as necessary for Utility Company to enjoy the rights and to
fulfill its obligations under this Effluent Easement. Utility Company right of
ingress, egress, regress and access shall be non-exclusive; provided, however,
Golf Club shall not interfere with or permit any other party to interfere with
Utility Company's right of ingress. egress, regress, and access, which shall exist
so long as this Effluent Easement remains in force and shall inure to the benefit
of Utility Company's successors and assigns. In the exercise of Utility Company's
right of ingress, egress, regress, and access, Utility Company shall where
possible, use existing roads, paths, and other ways of travel to and from the
Spray Areas. Utility Company shall have no obligation to maintain such roads,
paths, or other ways of travel, but shall exercise ordinary care in its use of the
same. Where roads, paths, or other ways of travel do not exist, Golf Club shall
make reasonable efforts to specify ways of travel for Utility Company use so as
to permit Utility Company to enjoy the privileges and fulfill the obligations
created by this Effluent Easement without undue interference. Utility Company
shall use its best efforts to conduct its activities on the Spray Areas and in the
Easement Areas so as to avoid any unreasonable and adverse interference with
the normal use of the golf course and other Spray Areas.
13. No Payments for Reuse Effluent or Operation of the Spray Irrigation Facilities.
a. Except for the establishment of the Spray System Maintenance Account, Initial
Spray System Upgrades and the Irrigation Pump House Reimbursement and the
money due under the escrow agreement attached hereto as Exhibit E, there will
not be any payments now or at any time in the future by Golf Club to Utility
Company for the Reuse Effluent that will be sprayed on the Spray Areas. There
will not be any payments by Utility Company to Golf Club now or in the future
for the operation, maintenance, and repair of the Spray Irrigation Facilities. For
clarity, this provision does not apply to the monthly payment by Golf Club for
wastewater service as authorized by the Commission. Golf Club shall be
responsible for payment of North Carolina Utility Commission approved
monthly service charges for wastewater services attributable to the flow from no
more than ten (10) toilets located within the clubhouse on the Golf Course
Property. The service charges shall be due and payable in accordance with
approved Utility Company billing procedures.
b. Irrigation Pump House Reimbursement. It is understood and agreed that Golf
Club recently upgraded the irrigation pump house. Upon execution of this
easement and submittal of invoices to CWS, CWS shall pay to Golf Club
$27,665.39 for reimbursement of the cost to upgrade the irrigation pump station.

c. No payment for Irrigation Water. Unless agreed to in writing, Utility Company
shall not charge Golf Club for access and use of reuse water for spray irrigation
on the golf course.
14. Initial Spray System Upgrades.
a. Upon approval of the transfer of the Eagle Creek Wastewater system by the
North Carolina Utility Commission and transfer of the wastewater assets to
CWS, , Utility company shall, at Utility Company's cost, conduct an engineering
evaluation, obtain the necessary permits and complete the repairs, renewal and
replacements and upgrades recommended in the engineer's evaluation. The
repairs, renewal and replacements at a minimum shall by consistent with the
proposal completed by Ewing Irrigation and Landscape Supply, and attached
hereto as Exhibit F. CWS shall not be required to accept the Ewing Irrigation and
Landscape Supply proposal but shall ensure that the repairs, replacements and
upgrades are equal or better than those provided in the proposal.
15. Replacement of the Spray Irrigation Facilities.
a. During the period of Golf Course control of the Spray Irrigation Facilities and at
such time in the future as it is necessary to replace any portion of the Spray
Irrigation Facilities, it shall be Golf Club's sole responsibility to replace such
portion of the Spray Irrigation Facilities at Golf Club's cost. Golf Club shall have
no responsibilities for the repair, operation or maintenance of the Reuse Water
Irrigation and Storage Pond, including piping from the Storage Pond to the
Pump Station, or the force main, which will be the sole responsibility of Utility
Company.
16. Expansion and Upgrade of Irrigation Pump Station and Spray Irrigation Facilities.
a. At the Utility Company's sole discretion, it shall have the right to expand or
upgrade the Irrigation Pump Station and Spray Irrigation System and that Golf
Club shall accept said expansion and upgrades and shall operate and maintain
the Pump Station and Spray Irrigation System consistent with this Agreement
and as directed by Utility's North Carolina Certified Spray Irrigation Operator
but in no event shall the flow of Reuse Water to the golf course exceed 350,000
gallons per day
17. Reuse Effluent Quality.
a. Utility Company will not be responsible for achieving water quality levels in the
Reuse Water beyond the requirements of the spray irrigation permits issued by
DEQ.
18. General Provisions.
a. Binding upon Successors and Assigns. Either party may assign this Effluent
Easement to another entity and it shall be binding upon and shall inure to the
benefit of Golf Club and Utility Company, and the successors and assigns of
each.

b. No Third Party Beneficiary Rights. Nothing expressed or referred to in this
Effluent Easement shall be construed to give any person other than the parties to
this Effluent Easement any legal or equitable right, remedy or claim under or
with respect to this Effluent Easement or any provision of this Effluent Easement,
except such rights as shall inure to a successor or permitted assignee pursuant to
Section 15.a above.
c. Independent Contractor. The parties hereto are and shall be independent
contractors to one another, and nothing herein shall be deemed to cause this
Effluent Easement to create an agency, partnership, or joint venture between the
parties hereto.
d. Counterparts. This Effluent Easement may be executed in one or more
counterpart signature pages (including email counterpart signature pages), each
of which will be deemed to be an original copy of this Effluent Easement and all
of which, when taken together, will be deemed to constitute one and the same
agreement.
e. Headings. The headings of particular provisions of this Effluent Easement are
inserted for convenience only and shall not be construed as part of this Effluent
Easement or serve as a limitation or expansion on the scope of any term or
provision of this Effluent Easement.
f. Enforcement of Effluent Easement. Each party acknowledges and agrees that the
other party would be irreparably damaged if any of the provisions of this
Effluent Easement are not performed in accordance with their specific terms and
that any breach of this Effluent Easement by a party could not be adequately
compensated in all cases by monetary damages alone. Accordingly, in addition
to any other right or remedy to which a party may be entitled at law or in equity,
it shall be entitled to enforce any provision of this Effluent Easement by a decree
of specific performance and to temporary, preliminary and permanent injunctive
relief to prevent any breach or threatened breach of any of the provisions of this
Effluent Easement, without posting any bond or other undertaking.
g. Notices. All notices and other communications required or permitted hereunder
shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by
United States first-class mail, postage prepaid, (iii) by hand or nationally
recognized overnight courier, or (iv) by email addressed to the address or email
address indicated on the signature pages to this Effluent Easement (or at such
other address or email address as such party or permitted assignee shall have
furnished to the other parties hereto in writing. All such notices' and other
written communications shall be effective on the date of delivery, mailing, or
receipt of email transmission.
h. Waiver. No waivers of, or exceptions to, any term, condition or provision of this
Effluent Easement, in any one or more instances, shall be deemed to be, or

construed as, a further or continuing waiver of any such term, condition or
provision.
i. Entire Agreement. This writing and the documents reference to herein embody
the entire agreement and understanding between the parties hereto and there are
no other agreements or understandings, oral or written, with reference to the
subject matter hereof that arc not merged herein and superseded hereby.
j. Modifications in Writing. This Effluent Easement shall not be modified,
amended, or changed in any respect except in writing, duly signed by the parties
hereto, and each party hereby waives any right to amend this Effluent Easement
in any other way.
k. Consent to Jurisdiction. The parties hereto agree that the state and federal courts
of North Carolina shall have exclusive jurisdiction over this Effluent Easement
and any controversies arising out of, relating to, or referring to this Effluent
Easement, the formation of this Agreement, and actions undertaken by the
parties hereto as a result of this Effluent Easement, whether such controversies
sound in tort law, contract law or otherwise. Each of the parties hereto expressly
and irrevocably consents to the personal jurisdiction of such state and federal
Courts, agrees to accept service of process by mail, and expressly waives any
jurisdictional or venue defenses otherwise available.
I. Governing Law. This Effluent Easement shall be governed by the internal
substantive laws of the State: of North Carolina, without regard to such state's
conflict of law or choice of law rules.
m. Recordation. Upon execution of this Effluent Easement, Utility shall record this
Effluent Easement in the Register of Deeds of Currituck County, North Carolina
at Utility Company's expense.
[Signature Pages Appear on the Following Pages]

IN WITNESS WHEREOF, the parties have caused this Effluent Easement to be duly executed in
their respective names, all by authority duly given, the day and year first above written.
Golf Club:
Paasch Developments, LLC
By:
Tim Paasch
Manager
STATE OF NORTH CAROLINA
COUNTY OF CURRITUCK
I, the undersigned, a Notary Public of the County and State aforesaid, certify that Tim Paasch,
Member of Paosch Developments, LLC, whose identity has been proven by satisfactory evidence,
said evidence being: I have personal knowledge of the identity of the principal, I have seen
satisfactory evidence of the principal's identity, by a current state or federal identification with the
principal's photograph in the form of a credible witness has sworn to the identity of the principal;
personally came before me this day and acknowledged that he is a Member of Paasch
Developments, LLC and that he, in such capacity and being authorized to do so, voluntarily
executed the foregoing on behalf of the corporation for the purpose stated therein and in the
capacity indicated. �7
Witness my hand and official stamp or seal this 2 2 day of \ /'7 2021.
Notary Public Signature: 614----
14/:;q
Print Name: `1 /1 ivi 16Y11 mS c f,
My Commission Expires: 0 / 25 /
Notary Registration Number:
William Brumsey, IV
NOTARY PUBLIC
Currituck County
North Carolina
My Commission Expires June 25, 2025
AFFIX NOTARY SEAL BELOW NOTE THAT SEAL MUST BE FULLY LEGIBLE]

Utility Company:
CURRITUCK WATER & SEWER, LLC
Manager
STATE OF NORTH CAROLINA
COUNTY OF CURRITUCK
I, the undersigned, a Notary Public of the County and State aforesaid, certify that Michael Myers,
Member of Currituck Water & Sewer, LLC, whose identity has been proven by satisfactory
evidence, said evidence being: I have personal knowledge of the identity of the principal, I have
seen satisfactory evidence of the principal's identity, by a current state or federal identification with
the principal's photograph in the form of a credible witness has sworn to the identity of the
principal; personally came before me this day and acknowledged that he is a Member of Currituck
Water & Sewer, LLC and that he, in such capacity and being authorized to do so, voluntarily
executed the foregoing on behalf of the corporation for the purpose stated therein and in the
capacity indicated.
i
Witness my hand and official stamp or seal this a S} day of �. ` 202, IA
Notary Public Signature: OA:7 1.0.710L---
Print Name: inoxi 194-1C,kokr
My Commission Expires: 10 f aq ao a, 9,
011111IHllll ,
Notary Public
Wake
County
3
y
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE Faro" ' 1OIBLE]

Exhibit A — Irrigation Plan Layout [Bissell Professional Group, February 4,1998.

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Exhibit B1 — Force Main Route and B2 — Eagle Creek Vacuum System Retrofit Option
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Exhibit C — Easement Areas
1

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W-1333 Sub 0

Exhibit D — Reserved

Exhibit E — Golf Course Capitalized Maintenance Escrow Account

CONSTRUCTION ESCROW AGREEMENT
This is a Construction Escrow Agreement entered into by and among BRUMSEY AND
BRUMSEY, PLLC (the "Escrow Agent"), Paasch Developments, LLC ("Golf Club") and Currituck
Water & Sewer, LLC ("CWS"), sometimes referred to herein collectively as the "Parties" and
individually as a "Party".
WITNESETH
WHEREAS, CWS and Sandler Utilities at Mill Run are parties to an Asset Purchase Agreement
under which Sandler has contracted to sell to CWS the sewer utility collection, treatment and
effluent discharge system serving the Eagle Creek Subdivision service area in Moyock, Currituck
County, North Carolina, and
WHEREAS, the Golf Club receives service from the sewer system serving the Eagle Creek
Subdivision, and Sandler and CWS seek Golf Club's assistance in effectuating the transfer to
CWS, and
WHEREAS, in exchange for its willingness to assist in the transfer and to execute any
documentation necessary therefor, Golf Club has requested and CWS has agreed to make
improvements to the irrigation system relied upon by the Golf Club to irrigate its golf course
with reclaimed water generated by the Eagle Creek wastewater treatment system and place in
an escrow fund $50,000 to be made available to Golf Course to the extent that future repairs or
improvements are necessary to the irrigation system, and
WHEREAS, repairs is meant to include the replacement of irrigation heads and replacement of
irrigation controllers, and irrigation water main repairs.
WHEREAS, CWS has agreed to deposit funds into the escrow account maintained by the Escrow
Agent in the amount of $50,000 to be paid to Golf Club in the event such repairs are necessary,
as agreed upon or to CWS to the extent the improvement are completed as agreed upon (the
"Escrow Funds"), and
WHEREAS, the Escrow Funds held by the Escrow Agent referenced in this Construction Escrow
Agreement shall be dispersed by the Escrow Agent upon conclusion of construction and
payment of the construction costs in accordance with the procedures hereafter set forth in this
Construction Escrow Agreement
1

NOW, THEREFORE, in consideration of the mutual covenants herein contained and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties and the Escrow Agent agree as follows:
1. Recitals. The foregoing recitals are acknowledged to be true and correct and are
incorporated herein by reference.
2. Escrow Deposits. The Parties and the Escrow Agent agree that during the term of this
Construction Escrow Agreement, the Escrow Agent shall hold and disperse those funds
deposited in the escrow account (Escrow Funds) in accordance with the terms of this
Construction Escrow Agreement.
Upon the effective date of this Construction Escrow Agreement, CWS shall deposit with the
Escrow Agent the total amount of $50,000.
Any funds deposited with the Escrow Agent will be held in the escrow account in accordance
with the terms hereof. Escrow Agent shall provide to the Parties if requested copies of the
monthly statements of the escrow account.
3. Procedure for release of escrow funds: The funds held by the Escrow Agent shall be released
for payment for repairs made by either the Golf Club or CWS to the irrigation mains, irrigation
controllers or irrigation heads upon submittal of an itemized report indicating the reason for
the repair and the cost of repair including labor, parts and equipment. The entity requesting the
repair shall give a written report itemizing any damage, including cost of repair, and shall deliver the
same to the other party and Escrow Agent. The written report should indicate labor hour
consumed, labor rates, quantity of parts and supplies consumed, unit cost of parts and supplies,
equipment hours consumed, and equipment rates. Within five (5) calendar days of receipt of
the written report, the receiving entity shall in writing notify the other entity and Escrow Agent
whether they approve or dispute the repair costs. Upon approval by the receiving entity or if
the receiving entity fails to give timely notice a dispute, then Escrow Agent shall pay from the
Escrow Fund the amount of the repairs. In the event of a timely notice of dispute, the parties
appoint Richard Rosette with Cranfill Sumner & Hartzog LLP ("Mediator") to serve as mediator
to determine the amount to be paid from the Escrow Fund. Any funds due to the Mediator for
services shall be paid from the Escrow Fund.
Funds held by the Escrow Agent shall be released for payment to payment to CWS upon the
occurrence of one of the following, insolvency of Golf Club, transfer of ownership of golf club,
or judicial order.
It is the intent of CWS that the documentation be sufficient to permit CWS to include the
repairs to the irrigation system as part of any future rate proceeding request to the North
Carolina Utilities Commission. For clarity, while the intent is for said repairs to be included in
rate proceedings, it is not a requirement for disbursement.
2

4. Disbursement of Funds in the Event of Disputes. If either Golf Club or CWS notifies the
Escrow Agent prior to payment of requested distribution that either of them disputes the
amount listed in the requested distribution to be paid from the escrow account, then the
Escrow Agent shall not disperse the amount in dispute until the dispute is settled in accordance
with the provisions of this Construction Escrow Agreement. If either CWS or Golf Club notifies
the Escrow Agent after such release that either of them disputes the disbursement which has
been paid from the escrow account, then the Escrow Agent shall have no liability on the
account of the disbursement of the amount in dispute.
5. Restriction of use of the funds. The Parties agree that the funds deposited into the escrow
account shall be held by the Escrow Agent exclusively for the payment to Golf Club or CWS at
such time as set forth in the Construction Agreement.
6. Dispute Resolution. The Parties acknowledge that a dispute may arise between or among
them, regarding the decisions contemplated under this Construction Escrow Agreement,
including but not limited to payment of Escrow Funds. The Parties agree to work together in
good faith to resolve all such disputes to achieve the objectives of this Construction Escrow
Agreement in a commercially reasonable manner consistent with customary industry practices
for construction projects of a similar nature and in a matter otherwise consistent with the
Construction Agreement and this Construction Escrow Agreement.
7. Resignation,of Escrow Agent. Escrow Agent may resign and be discharged from the
performance of its duties hereunder at any time by giving 30 days prior written notice to the
Parties specifying a date when such resignation shall take effect. Upon such notice of
resignation, the Parties jointly shall appoint a successor Escrow Agent hereunder prior to the
effective date of such resignation. The retiring Escrow Agent shall transmit all records
pertaining to the escrow funds and shall pay all escrow funds to the successor Escrow Agent,
after making copies of such records as the retiring Escrow Agent deems advisable.
8. Liability. of Escrow Agent. The Escrow Agent undertakes to perform only such duties as are
expressly set forth herein and no duties shall be implied. The Escrow Agent shall have no
liability under and no duty to inquire as to the provisions of any agreement other than this
Construction Escrow Agreement. The Escrow Agent shall not be liable for any action taken or
omitted by it in good faith except to the extent that a court of competent jurisdiction
determines that the Escrow Agent's gross negligence or willful misconduct was a primary cause
of any loss of the parties.
9. indemnification of Escrow Agent. From and at all times after the date of this Construction
Escrow Agreement, CWS should to the fullest extent permitted by law, defend, indemnify and
hold Escrow Agent harmless against any and all actions claims, losses, damages, liabilities, costs
and expenses of any kind or nature whatsoever incurred by or asserted.
3

10. Compensation of Escrow Agent. CWS shall compensate Escrow Agent for its services
hereunder in accordance with Escrow Agent's customary fees for its services and expenses.
11. Notices. Any requisitions, consents, approvals, notices or deliveries required or permitted
to be given under this Construction Escrow Agreement shall be in writing and shall be delivered
by hand, by for example a providing a transmission receipt or delivered by nationally recognized
overnight delivery service and addressed as described below.
Notices to CWS:
Notices to Paasch Developments, LLC
Notices to Escrow Agent
Kenneth Raber, PE
Address: 4700 Homewood Ct., Suite 108
Raleigh, North Carolina 27609
Email address: [e-mail]
Tim Paasch
Address: 109 Greenview Rd.,
Moyock, NC 27958
Email: [e-mail]
William Brumsey, IV
BRUMSEY AND BRUMSEY, PLLC
Address: 2883 Caratoke Hwy.
Currituck, NC 27929
Office 252-232-2252 Ext. 222
Email: [e-mail]
12. Attorney's Fees. In connection with any litigation, bankruptcy proceeding or other
proceeding to enforce or interpret this Construction Escrow Agreement, the prevailing party
shall recover from the opposing party or parties its reasonable attorney's fees and the costs and
expenses of litigation, in addition to any other relief allowed by this Construction Escrow
Agreement or by applicable law.
13. Counterparts. This Construction Escrow Agreement may be executed in any number of
counterparts and by different parties and Escrow Agent on separate counterparts and each
counterpart shall be deemed an original but all such counterparts shall together constitute but
one and the same Construction Escrow Agreement.
14. Governing Law: Venue. This Construction Escrow Agreement shall be governed by and
construed in accordance with the laws of the State of North Carolina. Venue for any action
under this construction escrow agreement is agreed to be Currituck County, North Carolina,
4

15. Interpretation. Each party has participated fully in the negotiation and preparation of this
Construction Escrow Agreement with full benefit of counsel. Accordingly, this Construction
Escrow Agreement shall not be more strictly construed against any party.
16. Authority. Each of the persons executing this Construction Escrow Agreement,
respectively, on behalf of the parties and the Escrow Agent hereby represents and warrants
that he or she has the right, power and authority to execute and deliver this Construction
Escrow Agreement on behalf of each entity.
17. Severability. In the event any term or provision of this Construction Escrow Agreement is
determined by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed as deleted as such authority
determines, and the remainder of this Construction Escrow Agreement shall be construed to be
in full force and effect.
18. Miscellaneous. Whenever used in this construction escrow agreement, the singular shall
include the plural, the plural shall include the singular, any gender shall include every other in
all genders, and captions.
19. Successors and Assigns. The terms of this Construction Escrow Agreement shall be binding
upon the parties and Escrow Agent hereof and their respective successors and assigns. Any
party and the Escrow Agent may assign this Construction Escrow Agreement and any and all of
its rights and obligations hereunder with the consent of the other Parties and the Escrow Agent,
which consent should not be unreasonably withheld or delayed, to any person, firm,
corporation or other entity, and any such as any shall be entitled to all the rights and powers of
such participation hereunder but shall not be relieved of its obligations hereunder by such
assignment unless expressly consented to by other Parties and the Escrow Agent.
IN WITNESS WHEREOF, the Parties and the Escrow Agent hereto have executed this
Construction Escrow agreement effective on the date the last party signs this Construction
Escrow Agreement (Effective Date).
Currituck a . r
By.
er, LLC
Paasch ments, LLC
By:
Escrow
By: L
5