SW7070408_HISTORICAL FILE_20070509

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE�1iq
YYYYM M D D

ep"011'r
COMMERCIAL
SITE DESIGN
TRANSMITTAL COVER SHEET
8312 Creed moor Road RaIeigh,NC27613
919.848,6121 Phone 91,9.848.3741 Fax
www.csitedesi9n.coTo
TO:
Scott Vinson
C:
NCDENR
Washington Regional Office
943 Washington Square Mal]
Washington, NC 27889
[phone]
SENDER:
Daniel Brown
PROJECT NAME:
Hardee's — Bridgeton, NC
DATE:
05/07/07
PROJECT NUMBER:
BNI 0604 SW7070408
OVERNIGHT ❑ REGULAR MAIL
❑ HAND DELIVER ❑ HOLD FOR PICK-UP
COPIES
DATE
DESCRIPTION
2 Sets
Revised Civil plans for express stomwater review
2
Storm%vater calculation booklets
1
Revised supplement application form with orig. signature
Scott,
Enclosed are the necessary items in response to your request for additional information dated April 30, 2007.
'['he following is a summary of responses/actions taken to address your comments:
I. The sediment removal benchmark has been corrected. The detail on sheet C-7 has been revised.
The supplement form has been updated with the new sediment removal elevation.
2. The soil type has been identified on the supplement form.
3. An addendum to the soils report has been added following the original soils report in -the calculation
booklet (see the very back of the book).
4. It has been recommended that in -situ clayey/silty- sands at the bottom of the proposed infiltration
basin be removed and replaced with clean sand. The cross section detail on sheet C-7 has been
revised to reflect this.
5. Revised plans/talcs have been signed, scaled, and dated. �
please call me with any questions, or if you need anything further for your review 1�1
'17nanks,
Daniel May 09
Y�p3 #

North Carolina Secretary of State
http://www. secretary. state. nc.us/corporations/Corp.aspx?Pitemld=4975634
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
CORPORATIONS
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PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 4/17/2007
Click here to:
View Document Filings I
Print apre-populated Annual Report Form I Annual Report
Count I File an Annual Report I
Corporation Names
Name
Name Type
NC Boddie-Noell Legal
Enterprises, Inc.
Business Corporation Information
SOSID:
0015697
Status:
Current -Active
Date Formed:
2/7/1962
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name: Anderson, Douglas E
Registered Office 1021 Noell Ln
Address: Rocky Mount NC 27802
1 of 2 4/17/2007 9:33 AM

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120 C Street, Bridgeton, NC - Google Maps
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120 C Street, Bridgeton, NC - Google Maps
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I of 1 4/30/2007 2:36 PM

APR 1 77gg//2TT,,007
DS1f7g"VV6'0RO REAL ESTATE PURCHASE CONTRACT
THIS CONTRACT (the "Contract.") dated, for reference
purposes only, March 1 , 2007, between BODDIE-NOELL
ENTERPRISES, INC.., a North Carolina corporation, hereinafter
referred to as "Purchaser", and DENTAL CERAMICS LABORATORY INC.
hereinafter referred to as "Seller".
The Effective Date of this Contract shall be the date this
Contract is signed and acknowledged by Seller, if Seller is the
last to sign, or the date it is signed and acknowledged by
Purchaser, if Purchaser is the last to sign..
W-I-T-N-E-S-S-E-T-H:
In consideration of the mutual covenants and obligations
herein contained, the sufficiency of which is hereby
acknowledged, the parties agree as follows:
1... AGREEMENT TO SELL AND PURCHASE: Subject to the
conditions hereinafter set forth, Seller agrees to sell and
Purchaser agrees to purchase that certain 58' x 75' parcel of
real property located on NC Highway 17 North, in Bridgeton,
Craven County, North Carolina, outlined in red on Exhibit A,
attached hereto, together with all easements and appurtenances
belonging to or in anywise appertaining, whether public or
private, and all rights of Seller in and to any public or

private thoroughfares or roadways adjacent to the described
property, which property is hereinafter referred to as the
"Premises".. The precise legal description of the Premises shall
be determined by the survey obtained by Purchaser pursuant to
Section 5 of this Contract together with improvements located or
to be located thereon..
2. PURCHASE PRICE: The agreed purchase price for
-twe ;v� �aS D(9d
the Premises i Thousand and no/100 Dollars
(the "Purchase Price"), payable as follows:
a.. (i) Five Hundred and no/100 Dollars ($500.00)
i
to be deposited with Battle, Winslow, Scott & Wiley, P.A,
counsel for Purchaser (the "Escrow Agent") upon the execution
I
hereof by all parties, and held in escrow as earnest money (the
"Deposit").
(ii) The Deposit shall be held in trust until j
the Closing Date (hereinafter defined) and then applied to the
Purchase Price and delivered to Seller or, in the event Closing
(hereinafter defined) does not occur, returned to Purchaser or
delivered to Seller in accordance with the terms and conditions
of this Contract.. Interest earned on the Deposit, if any, (the
2

Escrow Agent is not obligated to deposit in an interest -bearing
account) shall. be part of the Deposit.
b. The Deposit shall be returned to Purchaser
if Purchaser elects to terminate this Contract prior to the
expiration of the Feasibility Period (hereinafter defined) or in
the event of a failure of a condition precedent (as provided in
Section 6)..
c.. The balance of the Purchase Price, to be
paid at Closing in immediately available funds.
d.. This Contract shall. not preclude the Escrow
Agent from acting as legal counsel to the Purchaser; provided,
however, that if a lawsuit or other proceeding is instituted
which relates to the Deposit and the Escrow Agent desires to
continue to represent the Purchaser in that action or
proceeding, the Deposit shall be paid into the court in which
such action is pending and the funds held shall be distributed
as provided in a final order or ruling or as otherwise mutually
agreed by the parties..
3.A.. SELLER'S COVENANTS..
(i) Not a Foreign Person. Seller agrees to
execute and deliver to Purchaser at Closing an affidavit (the
K

"Section 1445 Affidavit") stating under penalty of perjury,(x)
that Seller is not a foreign person as defined in Section
1445(f)(3) of the Internal Revenue Code of 1954, as amended and
(y) Seller's United States taxpayer identification number..
(ii) Tests; Title Policies. Upon the execution
of this Contract, Seller shall. deliver to Purchaser, at no cost
to Purchaser, such of the following as are in possession of or
available to Seller: existing soil and groundwater tests,
surveys, title policies, environmental reports and site
assessments, underground storage tank test results, waste
disposal records, permit records and other engineering tests and
studies pertaining to the Premises.
3.B.. SELLER'S REPRESENTATIONS AND WARRANTIES.
(i) Seller owns the fee simple title to the
Premises, free and clear of any and all liens, leases and other
encumbrances, except:
(a) current ad valorem real estate taxes not yet
due and payable;
(b) those encumbrances, easements and
restrictions currently of record and not adversely affecting
title to the Premises or Purchaser's Intended Use and not.
4

objected to by Purchaser during the Feasibility Period (the
"Permitted Exceptions"). Seller has full. power, right, and
authority to grant the rights provided under this Contract, to
cause title to be conveyed and to consummate the transactions
contemplated hereunder, all as herein provided;
(ii) To Seller's knowledge, Seller has not
received notice from any governmental agency indicating that
Seller or the Premises is in violation of any laws, ordinances
and regulations of any public authorities, and to Seller's
knowledge, Seller has not received written notice of any
material violation, whether actual, claimed or alleged, thereof;
(iii) There is no litigation, proceeding or action
pending or threatened against or relating to Seller or the
Premises which questions the validity of this Contract or any
action taken or to be taken by Seller pursuant hereto;
(iv) Neither the execution of this Contract nor
the consummation of the transactions contemplated hereby will,
in any material respect, constitute a violation of or be
in conflict with or constitute a default under any term or
provision of any agreement, instrument or lease to which Seller
is a party, subject to any required consents or. authorizations

of, or notices to, third parties from whom such consents or
authorizations will be obtained or to whom notices will be given
prior to Closing;
(v) There presently are no leases, agreements to
lease, license agreements or other rights granted to any third
parties to use or occupy all or any part of the Premises or any
interest therein now or in the future, other than as disclosed
herein; and
(vi) To Seller's knowledge, no Hazardous
Materials or Solid waste are currently on, under or about the
Premises.. The term "Hazardous Materials" as used in this
Contract shall mean "hazardous substances," "hazardous
materials," "pollutants," "contaminants," or "toxic substances"
as defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C..
Section 9601, et seq.; the Resource Conservation and Recovery
Act, 42 U.S.C.. Section 6901, et seq.; the Toxic Substances
Control Act, 15 U.S.C.. Section 2601, et seq., "hazardous
chemicals" as defined under OSHA's hazard communication
standard, 29 C.F.R. Section 1910.1200; and those substances
defined as "hazardous wastes" or as "hazardous substances" under
N.

the laws of the state in which the Premises is located; and in
the regulations adopted, published and/or promulgated pursuant
to such laws or in substitution or amendment of such laws.. The
term "Solid Waste" as used in this Contract shall mean "solid
waste" as defined in the Resource Conservation and Recovery Act
or under the laws of the state in which the Premises is located.
Seller has not received any written notice from any governmental
agency or private or public entity advising that Seller is
responsible or potentially responsible for response costs or
response actions with respect to a release, a threatened release
or cleanup of substances produced by, or resulting from, any
business, commercial or industrial activities, operations or
processes related to the Premises or of Seller or predecessors
of Seller..
In the event that it is subsequently discovered that any of
the aforesaid warranties and representations are false or that
Purchaser suffers any damage, costs or expenses by reason of
said false representations or by reason of any underground
tanks, subterranean fixtures, contaminated soils, petroleum
products, Hazardous Materials or Solid Waste on the Premises or
from any soil contamination from any adjoining property of
7

Seller or from any petroleum or other hazardous or dangerous
substances over which Seller has control or from the removal
thereof, Seller shall indemnify and hold Purchaser harmless from
all damages, costs or expenses sustained by Purchaser arising
therefrom, including reasonable attorney's fees.
The representations and warranties set forth in this
Section shall survive Closing.
4. PURCHASER'S FEASIBILITY PERIOD: For a period of
one hundred twenty (120) days from the Effective Date (said
period, together with any extensions, hereinafter referred to as
the `Feasibility Period"), Purchaser and its employees, agents,
contractors and subcontractors (the "Purchaser Parties") may
enter the Premises during normal business hours and upon prior
notice to Seller and while thereon make surveys and appraisals,
take measurements, perform structural and engineering studies,
conduct test borings and other tests of surface and subsurface
conditions including, without limitation, soil and groundwater
tests, conduct an environmental audit, and take samples and
perform all tests necessary to determine the suitability of the
Premises for Purchaser's Intended Use ("Due Diligence
Investigations"), all at the expense of Purchaser. The right to
8

conduct Due Diligence Investigations includes the right of
Purchaser and the Purchaser Parties to enter upon any portion of
the Premises to take measurements, make inspections, make
boundary and topographical survey maps, and to conduct
geotechnical, environmental, groundwater, wetland and other
studies required by Purchaser in its sole discretion and to
determine the adequacy of utilities serving the Premises, zoning
and compliance with laws. Upon the completion of any of the
foregoing, Purchaser shall repair any damages and restore the
Premises to the same condition in which the Premises existed
immediately prior to said tests,,
Whether this Contract results in a closing of the sale of
the Premises or not, Purchaser shall indemnify and hold Seller
harmless from and against any and all loss, liability, cost,
claim and expense of every kind and nature (including, but not
limited to, attorney's fees, expenses and court costs) arising
from the actions of the Purchaser Parties or any other parties
conducting tests or investigations pursuant to this Section;
provided, however, the foregoing provision shall not be
construed as requiring Purchaser to indemnify or hold Seller
harmless from and against any existing environmental matters or
0

other existing conditions discovered, exposed or released during
the Feasibility Period that require any type of corrective or
remedial action,
Purchaser's obligation to purchase the Premises is
expressly conditioned upon Purchaser's satisfaction, in its sole
discretion, with the results of its Due Diligence
Investigations.. Purchaser shall have the absolute right to
terminate this Contract for any reason or no reason by written
notice prior to expiration of the Feasibility Period..
Purchaser shall deliver written notice of its election to
proceed or not to proceed with the purchase of the Premises to
Seller on or before the expiration of the Feasibility Period,.
If Purchaser elects to proceed with the purchase of the
Premises, this Contract shall remain in effect and the parties
shall proceed to close this transaction, subject to the terms
and conditions hereof, and all due diligence matters shall be
deemed waived or satisfied with no right to terminate this
Contract in the event Purchaser shall later determine that the
Premises is not suitable for Purchaser's Intended Use, except as
provided in Section 6.. If Purchaser elects not to proceed with
the purchase of the Premises, this Contract shall terminate on
10

the date Seller receives Purchaser's written notice of its
election, and in such event the Deposit shall be returned to
Purchaser, if Purchaser's notice is given prior to expiration of
the Feasibility Period, and neither party shall have any further
rights or obligations hereunder except as otherwise set forth
herein.. If Purchaser does not deliver any written notice to
Seller on or before the expiration of the Feasibility Period,
Purchaser shall be deemed to have elected to proceed with the
purchase of the Premises, subject however. to Purchaser's
conditions precedent set forth in Section 6..
5. EVIDENCE OF TITLE AND SURVEY: Purchaser shall have
until the expiration of the Feasibility Period in which to make
an examination of title and survey and, if such examination or
survey discloses defects or matters which are objectionable to
Purchaser ("Title Objections"), by the expiration of the
Feasibility Period (hereinafter referred to as the "Title
Notification Date"), Purchaser shall notify Seller in writing of
such Title Objections. Within seven (7) days of receipt of the
foregoing notice from Purchaser, Seller shall advise Purchaser
in writing of those Title Objections which Seller will correct
and those which Seller will not correct at or before Closing.

In the event Seller notifies Purchaser that it will not correct
all Title Objections, upon receipt of the foregoing notice from
Seller, Purchaser shall have the option to terminate this
Contract and receive a refund of the Deposit.. If Purchaser does
not advise Seller in writing of its election to terminate this
Contract as outlined in this Section, Purchaser shall have
waived such right to terminate this Contract on account of any
Title Objections and agreed to proceed to Closing (subject to
satisfaction or waiver of the conditions precedent set forth in
Section 6)(except if there is any change in the status of title
to the Premises between the Title Notification Date and the
Closing Date).. Any title insurance required shall be obtained
by and at the expense of Purchaser,.
6.. PURCHASER'S CONDITIONS PRECEDENT: Purchaser's
obligation to purchase the Premises is subject to all of the
following conditions precedent;
a. There shall have been no change in the
status of title to the Premises between the Title Notification
Date and the Closing Date..
b. The representations and warranties of Seller
set forth -in Section 3B of this Contract shall be true and
12

correct in all material respects as of the date of this Contract
and as of the Closing Date (as though made on and as of the
Closing Date)-
C. Seller shall have performed in all material
respects all obligations required to be performed by it under
this Contract on or prior to the Closing Date..
d. Purchaser shall have received the Closing
Documents specified in Section 9 of this Contract.
e.. There shall have been no material adverse
change in the condition of the Premises as to title, general
condition or environmental status or in any other respect from
the end of the Feasibility Period to the Closing.
f. Purchaser having purchased approximately
1..223 acre tract of adjacent property owned by BRIDGETON BARGAIN
BIN, LLC. upon terms and conditions satisfactory to Purchaser..
i.. Purchaser's determination at or before the
Closing Date that, if there are any trees or any building or
other structure on the Premises Purchaser desires to be removed,
demolished or if there are on the Premises any underground tanks
or other subterranean fixtures to be removed, Purchaser can
demolish or remove the same within the requirements of laws,
13

rules or regulations applicable thereto, including those
relative to harmful substances, at a cost and in a manner
satisfactory to Purchaser..
Upon failure of any one or more of the above conditions
precedent to be satisfied, Purchaser may, at its option,
terminate all its obligations hereunder. If any one or more of
the above conditions precedent are not satisfied, and Purchaser
elects to terminate this Contract rather than waive such
condition and proceed to Closing, the Escrow Agent shall
promptly refund the Deposit to Purchaser. Written notice by
Purchaser to Seller of the failure of any of the aforesaid
conditions precedent at any time prior to Closing shall be
sufficient notice of the exercise of Purchaser's option to
terminate this Contract.
7. RISK OF LOSS: The risk of loss, damage,
condemnation or destruction of the Premises or any improvements
prior to Closing shall be borne by the Seller.
8. CLOSING: Subject to the provisions hereinbefore
set forth, Closing will take place at the office of the Closing
Attorney, to be selected by the Purchaser in its sole
discretion, within thirty (30) days of the expiration of the
14

Feasibility Period, at 12:00 o'clock noon (the "Closing Date");
or, if agreed by Seller and Purchaser, as soon before said date
or after said date as title can be examined and papers prepared,
allowing a reasonable amount of time to satisfy the conditions
precedent of this Contract and any Title Objections. In lieu of
a formal closing at the office of the Closing Attorney as
outlined above, Seller and Purchaser may elect to conduct
Closing by delivery of the executed Closing Documents in escrow
to the Closing Attorney on the Closing Date.
9. SELLER'S DELIVERY OF CLOSING DOCUMENTS/CLOSING
COSTS: In consideration of Purchaser's payment of the Purchase
Price, Seller agrees to convey fee simple marketable title to
the Premises to Purchaser by North Carolina General Warranty
Deed (the "Deed"), free and clear of all liens, taxes,
encumbrances and restrictions whatsoever, except the Permitted
Exceptions.
At least seven (7) days prior to Closing, Seller shall
submit to (and secure the approval of the Closing Attorney),
drafts of the following documents to be tendered by Seller at
Closing: (a) the Deed; (b) the Section 1445 Affidavit; (c) a
Section 1099 Affidavit; (d) an owner's affidavit in the standard
15

form used by the title company issuing Purchaser's owner's title
insurance policy; (e) a resolution of the members/
shareholders/directors of Seller authorizing the execution of
this Contract and sale of the Premises; (f) releases for
existing loan documents of record affecting the Premises; and
(g)any other documents which may be necessary to consummate the
sale of the Premises (herein the "Closing Documents").
All real estate taxes and assessments affecting the
Premises shall be prorated between Seller and Purchaser as of
the Closing Date with Purchaser being considered the owner of
the Premises on the Closing Date. Seller shall pay the cost of
the preparation of the Deed, and the release of the Premises
from any existing deeds of trust and other recorded loan
documents affecting the Premises. At Closing, Seller shall pay
the North Carolina excise tax on the transfer of real estate.
Purchaser shall pay all other costs and expenses associated with
Closing on the Premises, including, but not limited to, title
insurance premiums and any fees charged by any lender making a
loan to Purchaser for acquisition of the Premises. Seller and
Purchaser shall each pay their respective attorney's fees
associated with this Contract and Closing.. Possession of the
16

Premises shall be delivered to Purchaser coincident with
Closing, free, clear and discharged of possession and the Light
of possession by all other persons.
10.. CCNNM SSIONS: Seller and Purchaser will hold the
other harmless from any real estate fees or commissions
contracted by the contracting party. The foregoing provision
shall survive Closing.
11. DEFAULT: If Purchaser shall default in the
performance of any of its obligations under this Contract,
Seller shall accept payment of the Deposit as liquidated damages
in full and complete satisfaction, performance, discharge, and
settlement of all duties and obligations relating hereto without
any further liabilities or rights of Purchaser or Seller
hereunder for damages or other remedies, except for Purchaser's
indemnity obligations pursuant to Section 4. If Seller shall
default in conveying the Premises to Purchaser in accord with
the terms and conditions of this Contract, Purchaser shall be
entitled either to (a) terminate this Contract and receive a
refund of the Deposit, or (b) seek specific performance of this
Contract.
12. PERFORMANCE: Purchaser and Seller each agree to
do promptly everything required of them under this Contract,
17

each agreeing to use their best efforts to secure any necessary
change in zoning, execute the required applications for change
in zoning and to obtain the necessary permits and all other
applications and documents required with respect to required
conditions..
13. INTEGRATION: This Contract contains all the
agreements and conditions made between the parties regarding the
subject matter hereof, and all prior discussions and
communications between the parties whether written or oral, are
merged herein and no statement, promise, representation or
inducement made by any party hereto or agent or employee thereof
which is not contained herein shall be valid or binding; and
this Contract may be modified or amended only by a writing
signed by all parties hereto.
14. PARTIES: This Contract shall be binding upon and
shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, devisees,
representatives, successors and assigns.
15_ DESIGNATIONS: The designation "Purchaser",
"Seller", "Escrow Agent" and "Closing Attorney" as may be used
18

herein shall include the singular, plural, masculine, feminine
or neuter as required by the context of this Contract..
16. NOTICES.. Any notices, requests, or other
communications required or permitted to be given hereunder shall
be in writing and shall be delivered by hand or overnight
commercial courier or mailed by United States certified mail,
return receipt requested, postage prepaid and addressed to each
party at its address as set forth below.. Any such notices,
requests or other communications shall be considered given or
delivered, as the case may be (a) on the date of hand delivery,
(b) on the second (2°d) day following the date of deposit in the
United States mail, or (c) on the next business day after the
date of deposit with an overnight commercial courier as provided
above.. Rejection or other refusal to accept or inability to
deliver because of change of address of which no notice was
given shall be deemed to be receipt of the notice, request, or
other communication. By giving at least five (5) days prior to
written notice thereof to the other parties, a party hereto may
from time to time and at any time change its mailing address
hereunder:
If to Seller: Dental Ceramics Laboratory, Inc.
Kendall Lewis
4809 Hargrove Road
Raleigh, NC 27616-1849
19

With a copy to:
(which shall not
constitute notice)
If to Purchaser: Boddie-Noell Enterprises, Inc..
1021 Noell Lane
P.O. Box 1908
Rocky Mount, NC 27804-1908
Attn: Michael H.. Hancock
With a copy to: Randall B. Pridgen
(which shall not Battle, Winslow, Scott & Wiley, P.A.
constitute notice) 2343 Professional Drive
P.. 0. Box 7100
Rocky Mount, NC 27804-0100
or to such other address as the parties may from time
to time designate by like notice to the other parties.
17. APPLICABLE LAW. This Contract shall be construed,
performed and enforced in accordance with the laws of the state
in which the Premises is located.
18. SEVERABILITY. In the event any provision of this
Contract shall be determined by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the
remainder of this Contract shall nonetheless remain in full
force and effect so long as the substantial benefits of the
parties to be derived from this Contract and the performance
20

hereof are not adversely affected by the elimination of such
provision(s)..
19. COUNTERPARTS.. This Contract may be executed in
one or more counterparts, including facsimile counterparts, and
all such executed counterparts shall be considered one
agreement, binding on all the parties hereto, notwithstanding
that all the parties are not signatory to the original or the
same counterpart..
20.. HEADINGS.. The paragraph headings used herein are
for convenience of reference only and shall not be considered to
limit or construe the context or substantive terms of this
Contract.
21. TIME IS OF THE ESSENCE.. Time is of the essence
as to all of the obligations of the parties under this Contract.
22. CONSTRUCTION: Purchaserandand Seller each
acknowledges and agrees that it has read this Contract and has
considered all relevant business and tax aspects related
thereto. The parties hereto further acknowledge and agree that
each party has had the opportunity to consult with and obtain
legal advice and counseling from an attorney in relation to each
and every provision of this Contract, and each party
acknowledges and agrees for itself it has either availed itself
21

of that opportunity or has knowingly and willfully declined such
representation.. Therefore, the language used in this Contract
shall be deemed to be the language chosen by the parties hereto
to express their mutual intent, and no rule of strict
construction shall be applied against either party.. Battle,
Winslow Scott & Wiley, P.A. ('Battle, Winslow") represents the
Purchaser.. Battle, Winslow has not represented and does not
represent the Seller in any manner whatsoever...
2.3. POWER AND AUTHORITY. Each of the parties to this
Contract represent and warrant that it has full power and
authority to enter into, execute, deliver and perform this
Contract, and that all approvals, consents and/or resolutions
required for the execution of this Contract have been obtained.
24. CALCULATION OF TIME PERIODS..
a_ Unless otherwise specified herein, in
computing any period of time, the day of the act or event after
which the designated period of time begins to run is not to be
included and the last day of the period so computed is to be
included, unless such last day is a Saturday, Sunday or a
nationally recognized legal holiday or. a l.egal holiday under the
laws of the state in which the Premises is located, in which
event the period shall run until the end of the next day which
22

is neither. a Saturday, Sunday or legal holiday.. The final day
of any such period shall be deemed to end at 5:00 p.m. as such
time is observed in the time zone where the Premises is located.
b. The parties hereto expressly acknowledge and
agree that the execution of this Contract by the Escrow Agent is
intended solely to acknowledge receipt of a copy of this
Contract and the Escrow Deposit. The date of execution of this
Contract by Escrow Agent shall not be considered in calculating
any time periods under this Contract that are tied to the
execution of this Contract, including, but not limited to, the
Feasibility Period..
25. ASSIGNMENT: PARTIES,. It is understood and agreed
that Purchaser may assign this Contract and its rights and
obligations hereunder, in whole or in part, to any person, firm,
corporation, limited liability company, partnership or other
entity, all without Seller's prior written consent or agreement.
Any such assignment by Purchaser shall relieve Purchaser of
liability for the performance of Purchaser's duties and
obligations under this Contract to the extent of such
assignment.. Without Purchaser's prior written consent, Seller
shall not assign this Agreement in whole or in part.
23

IN WITNESS WHEREOF, the parties hereto have caused this
Contract to be executed in duplicate originals as by law
provided, the corporate parties executing the same in their
corporate names by their corporate officers, as duly authorized
by their Board of Directors and the individual or partnership
parties having hereunto affixed their hands and seals, as of the
day and year first above written..
(Signatures on Next Page)
24

PURCHASER:
BODDIE-NO S, INCC ,
By:
Name: Michael H. Hancock
Title: Executive Vice President
Date: March 1� 2n07
SELLER:
DENT
By:
Name
Titl
Date
25

RECEIPT OF FIRST DEPOSIT
The Escrow Agent hereby acknowledges the receipt of the
First Deposit from Purchaser to be held and distributed in
accordance with the terms and provisions of this Contract_
ESCROW AGENT
BY:_
NAME:
DATE:
RECEIPT OF FIRST EXTENSION DEPOSIT
The Escrow Agent hereby acknowledges the receipt of the
First Extension Deposit from Purchaser to be held and
distributed in accordance with the terms and provisions of this
Contract..
26
ESCROW AGENT
BY:
NAME:
DATE:

RECEIPT OF SECOND EXTENSION DEPOSIT
The Escrow Agent hereby acknowledges the receipt of the
Second Extension Deposit from Purchaser to be held and
distributed in accordance with the terms and provisions of this
Contract..
27
ESCROW AGENT
BY:
NM :_
DATE:

STATE OF NORTH CAROLINA
COUNTY OF NASH
1, rksnna G_ A.if-nhel nr , a Notary Public of Nash County and State of North Carolina, do
hereby certify that (the "Signatory"), Ex _yp (title) of Boddie -Neel)
Enterpr ises, Inc. a North Carolina corporation, petsonally appealed before me this day and by authotity duly given,
acknowledged the due execution of the foregoing instrument on behalf of the corporation
X I certify that the Signatory personally appeared before me the day, and (check one of the following)
_ (I have personal knowledge of the identify of the Signatory); or
(I have seen satisfactory evidence of the Signatory's identity, by a cutrenl or state or federal identification
with the Signatoty's photograph in the form of: (check one of the following)
a drivers license or
in the form of ); or
(a credible witness has sworn to the identity of the Signatory)
The Signatory acknowledged to me that he/she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated.
Witness my hand and official stamp ilz.
1 dayof 12007.
7 L&lgnatwc)
Notary Public
Donna S. Batchelor (Ptint/type)
Notary Public
(Note: Notary Public must sign exactly as on notary seal)
My Commission Expires: May 12, 2007
[NO]ARY SEAL] DONNA S. BATCHELOR
(MUST BE FULLY LEGIBLE) NOTARY PUBLIC
NASH COUNTY, N.C.
28

SIAIE OF NORTH CAROLINA
COUNTY OF NASH
I'SWaIf-t_C,t Qyl 6 I*Notary Public of Nash Countyand State of North Carolina, do
hereby certify lh&U ilt .IIQ.-'i. "W tS the "Signatory"), _W 1(00 194 (title) of Dental
Ceramics Laboratory, Inc. a North Carolina corporation, personally appeared before this day and by authority
duly given, acknowledged the due execution of the foregoing instrument on behalf of the corporation.
I certify that the Signatory personally appeared before me the day, and (check one of the following):
0 have personal knowledge of the identify of the Signatory); or
(I have seen satisfactory evidence of the Signatory's identity, by a current or state or federal identification
with the Signatory's photograph in the form of: (check one of the following)
a drivers license or
in the form of ); or
(a credible witness has sworn to the identity of the Signatory).
the Signatory acknowledged to me that he/she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated.
Witness my hand and official stamp or seal this Z day of Y 1 , 2001.
P �tgnature)
Nw*Ste(�/1QVtIP_uiQ� Cmid.11�etintltype)
Notary is
(Note: Notary Public must sign exactly as on notary seal)
My Commission Expires: M %ar- -%I1 I D
[NOIARY SEAL]
(MUSI BE FULLY LEGIBLE)
011- NIE LE .
ham,: tp
O Tq
._ 9�;: x
y,AlieL1C U
29

EXHIBIT "A"
ATTACHED TO AND MADE A PART OF REAL ESTATE PURCHASE CONTRACT
BY AND BETWEEN BODDIE-NOELL ENTERPRISES, INC.., AS "PURCHASER"
AND
DENTAL CE AMTCS LABORATORY, INC.., AS "SELLER"
THE PREMISES
F:\APPS\WP51\PRIDGEN\CIIENIS BNE IEXAS HILL 51\Boddie-Noell\BNE Purchased
Property\Novth_Carolina\Craven - 58' x 75' Parcel\REPC. Clean_ 2-21-07.doc
1J

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NCDENR
North Carolina Department of Environment and Natural Resources
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s). Fax or email this completed form along with a narrative
and vicinity map of the project location to the appropriate One -Stop Coordinator.
• Fayetteville or Raleigh Region -David Lee 919-791.4203; [e-mail]
• Mooresville & Asheville Region -Patrick Grogan 704-663-3772 [e-mail]
• Washington Region -Lyn Hardison [e-mail]
• Wilmington Region -Cameron Weaver 910.350.2004 or cameron, weaver@ncmaii net
Project application received after 12 noon will be stamped in the following work day.
APPLICANT Narr
Company
PROJECT SYSTEM
PROJECT Name I
oil
TRIBUTARY TO
WATER CLASS
APR 17 2007
DWQ-WAFT®
7in7in 2�
County Craven
State or National Environmental Policy Act (SEPA, NEPA) - EA or EIS Required Yes b4 No
❑ STREAM ORIGIN Determination: of Stream calls; Stream Name
X STORMWATER []Low Density ❑ High Density -Detention Pond ❑ High Density -Other
❑ Low Density -Curb & Gutter LN High Density -Infiltration ❑ Off Site
WETLANDS MUST BE ADDRESSED BELOW
❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
LAND QUALITY [ Erosion and Sedimentation Control Plan with f_bacres to be disturbed.(CK # 253"for DENR use))
❑ WETLANDS (401): Check all that apply Isolated wetland on Property ❑ Yes �fNo
NJIA Wetlands on Site ❑ Yes fz No / Buffer Impacts: o ❑ YES: acre(s)
Wetlands Delineation has been completed: ❑Yes [$] No / Minor Variance %'No YES
t,t Major General Variance No El YES
US ACOE Apprdval of Delineation completed: El Yes E No 401 Application required: []Yes No If YES, ❑ Regular
404 Application in Process w/ US ACOE: ❑ Yes [X No / Permit Received from US ACOE ❑ Yes Z No
Perennial, Blue line stream, etc on site ❑ yes 9No
The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be
charged for subsequent reviews due to the insufficiency of the permit applications.
For DENR use only
Fee Split for multiple permits: (Check # 2_5 3,l I� ) Total Fee Amount $ 4G00 `-r'
SUBMITTAL
DATES
Fee
SUBMITTAL DATES
Fee
CAMA
Variance Ma; Min
LD
7
LJ
401:
LQS
4-I-y- � -7
$
Stream Deter,_

/� JN
Yy, qr
COMMERCIAL
SITE DESIGN
APR 17 2007
DWQ-WARO
TRANSMITTAL COVER SHEET
8312 Creedmoor Road Ralei gh,NC27613
919.848.6121 Phone 919.848,3741 Fax
www.csitedesi9n.com
TO:
Lyn Hardison — Express Permitting Coordinator
C:
NCDENR
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
[phone]
SENDER:
Chris Clavton
PROJECT NAME:
Hardee's — Bridgeton, NC
DATE:
04/12/07
PROJECT NUMBER:
BNE-0604
0 OVERNIGHT ❑ REGULAR MAIL
❑ HAND DELIVER ❑ HOLD FOR PICKUP
COPIES
DATE
DESCRIPTION
4 Sets
Revised Civil plans for express stormwater and erosion control review
4
Stormwater calculation booklets
1
Request for Express Permit Review form
1
Stormwater Management Application form (with infiltration basin supplement)
1
FRO Form for Erosion Control
1
Copies of purchase contracts from Owner (Boddie-Noell) for both parcels
1
Check for $100 for Erosion Control Fee
1
Check for $4,000 for Stormwater Express Review Fee
NOTES/COMMENTS:
Lyn,
Per Daniel Brown in our office, enclosed are the necessary plans, forms, and fees for express review (for both
stormwater and erosion control) for the proposed Hardee's Restaurant site to be located at 120 C Street
in Bridgeton, NC. This express review is scheduled for Monday, April 16th.
Please call me with any questions, or if you need anything further for your review.
Thanks,
Chris Clayton