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HomeMy WebLinkAboutWQ0035062_Owner (Name Change)_20220518 State of North Carolina Department of Environmental Quality DW R Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM:PNOCF 01-16 This form is for ownership changes or name changes of a sewer system permit. Please note that"Permittee"references the existing permit holder,and that"Applicant"references the entity applying for the ownership/name change. Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This form should not be used for permits with NC,NCG,SW or other types of non-sewer permits beginning with WQ. For more information, visit the Division's Water Quality Permitting Section's Collection Systems website at: http://portal.ncdenr.org/web/wq/swp/ps/cs A. Sewer System Permit Ownership/Name Change(FORM: PNOCF 01-16)Application (All Applications): El Submit an original completed and appropriately executed application(PNOCF 01-16). ® The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T.0106(b). ® The Applicant's Certification shall be signed in accordance with 15A NCAC 02T.0106(b). Per 15A NCAC 02T.0106(c),an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T.0106(b). B. Existing Permit(All Applications): ® Submit a copy of the most recently issued permit and certification. C. Property Ownership Documentation(All Applications): ➢ The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities: ❑ Legal documentation of ownership(i.e.,GIS,deed,article of incorporation,or contract),or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map,or ❑ Approved board minutes D. Certificate of Public Convenience and Necessity(All Applications where the Applicant is a Privately-Owned Public Utility): ® Per 15A NCAC 02T .011 5(a)(I), provide one copy of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non-discharge system. E. Operational Agreements(Applications where the Applicant is a Home/Property Owners'Association or Developer of lots to be sold): ➢ Home/Property Owners'Associations ❑ Per 15A NCAC 02T.0115(c),submit an original properly executed Operational Agreement(FORM:HOA). ❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws that contain the language required by the Operational Agreement. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T.0115(b),submit an original of the properly executed Operational Agreement(FORM: DEV). F. Package Submitted in Duplicate ® Submit a copy of all required documents in Instructions A-E as required THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBM f\`C C��$�J TO: G NCDEQ-DWR MAY 1 8 2022 Water Quality Permitting Section—Wastewater Branch P.E.R.C.S Unit NCDEQIDWRINPDES By U.S. Postal Service: By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 N.SALISBURY ST. RALEIGH,NORTH CAROLINA 27699-1636 SUITE 925 RALEIGH,NORTH CAROLINA 27604 TELEPHONE NUMBER: (919)807-6300 INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1 State of North Carolina Department of Environmental Quality DWRDivision of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16 I. EXISTING PERMITTEE INFORMATION: 1. Permittee's name:Cypress Coex,LLC 2. Signature authority's name: Susan Holmes per 15A NCAC 02T.0106(b) 3. Signature authority's title:Manager 4. Permittee's mailing address: 14931 US Highway 17 City:Hampstead State:NC Zip:28442- 5. Permittee's contact information: Phone number:(_) - Fax Number( )_- Email Address: II. APPLICANT INFORMATION: 1. Applicant's name:Hampstead Station,LLC 2. Signature authority's name:Louis D.Dworsky per 15A NCAC 02T.0106(b) 3. Signature authority's title:Manager 4. Applicant's mailing address:2324 Pansy Street SW City:Huntsville State:AL Zip:35801- 5. Applicant's contact information: Phone number:(704)919-0439 Fax Number( ) Email Address:ldd12486@gmail.com 6. Representative's name: Louis D.Dworsky 7. Representative's title: Manager 8. Representative's contact information Phone number:(704)919-0439 Fax Number( ) Email Address: ldd12486@gmail.com III. PERMIT INFORMATION: 1. Existing permit number:W00035062 and most recent issuance date:September 11,2017 2. Reason for the permit application:Change of Ownership If other, attach detailed explanation 3. Has the facility been constructed? ®Yes or❑No 4. Has the facility been certified per 15A NCAC 02T.0116? ®Yes or❑No FORM: PNOCF 01-16 Page 1 of 2 IV. CERTIFICATIONS: Existing Permittee's Certification per I:t \C- C 02T.0i06(hi: Susan Holman, Manager of Cypress Coex, LLC attest that this application (Signature Authority's name&title from Application hem 1.2&3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name. I will continue to be responsible for compliance with the current permit and any discharge of wastewater from this system to surface waters or the land may result in an enforcement action that may include civil penalties,injunctive relief, and/or criminal prosecution I will also make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application are note completed and that if all required supporting information and attachments are not included,this application will be returned to me as incomplete. NOTE In accordance with General Statutes and ,any person who knowingly makes any false statement. representation,or certification in any application package shall be guilty of a Class 2 misdemeanor,which may include a line not to exceed S 10,000 as well as civil penalties up to S25,000 per violation Cypress Coex, LLC BY: 11011. May 11, 2022 Signature: Date: Susan Holman - Manager Applicant's Certification per I5,', '( A( n2T illntgl» I•.______— ____. _ attest that this applicat.on (Signature Authority's name&title from Application Item 11.2&3.) has been reviewed by me and is accurate and complete to the best of my knowledge I understand that alter issuance of the perniit into the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non- discharge system to surface waters or the land may result in an enforcement action that may include civil penalties,injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, 's app icadon package writ be returned to me as incomplete. NOTE In accordance wit. General Stat tes and ,any person who knowingly makes any false statement, representation,or cemfica on in any app cat • .ackage shall be guilty of a Class 2 misdemeanor.which may include a fine not to exceed S 10.000 as well a. civil penalties, .to S% t'. .�r viola / Signature. �� Date _ ' j 1'1 2 FORM:PNOCF 01.16 Page 2 of 2 ROY COOPER • MIL 11Arl S. REGAN S. JAY ZIMMERMAN September 11, 2017 Jmmy Ellington, Manager Cypress Coex, LLC 14931 US Highway 17 Hampstead, NC 28443 Subject: Permit No. WQ0035062 MODIFICATION RECEIVED Cypress Coex, LLC Cypress Station Commercial Center NINY 1 8 2022 Wastewater Collection System Extension Onslow County NCDEQIDWRINPDES Dear Mr. Ellington: In accordance with your application received August 10, 2017 and additional information received on September 11, 2017, we are forwarding herewith Permit No. WQ0035062 dated September 11, 2017 to the Cypress Coex, LLC (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0035062 issued December 3, 2010, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. This modification approves 461 feet of 2-inch force main to allow the existing pump station to be connected to the Pluris Hampstead LLC's system so that the Permittee can abandon its private wastewater treatment system permitted under WQ0034881. It also reduces the flow allocation to only the existing McDonalds restaurant. Please pay particular attention to the following conditions contained within this permit: Special Conditions: Condition 1.1: 1 his permit shall become voidable unless the agreement between the Cypress Coex LLC and Pluris Hampstead LLC for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] Condition 1.2: No flow in excess of the quantity or number&type of connections permitted herein shall be made tributary to the subject sewer system until an application for permit modification has been submitted to and approved by the Division. [15A NCAC 02T.0304(b)] -'-'--Nothing Compares - 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 Phone:910-796-7215\Internet www.deq.nc.gov An Equal Opportunity\Affirmative Action Employer-Made:n part by recycled paper Condition 1.3: The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes§143- 215.6A to§143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T.0115] Condition 1.4: Each pump station shall be clearly and conspicuously posted using a weatherproof sign with the address, a pump station identifying name/number, 24-Hour Emergency telephone number,and name of the owner/operator of the sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency. Simplex pump stations or vacuum sewer pits serving a single-family residence may have a placard or sticker without the address placed on the control panel in lieu of a sign. [15A NCAC 02T .0305(h)(2)J Condition 1.5: Within 60 days following activation of service with Pluris Hampstead LLC,Cypress Coex, LLC shall properly abandon its existing treatment facility permitted under WQ0034881 and request a closure inspection by the Wilmington Regional Office then followed by a request to rescind its permit. [15A NCAC 02T.0105(c)(6)] Standard Conditions: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements,or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. • Permit No. WQ0035062 Page 2 of 10 If you need additional information concerning this matter, please contact Dean Hunkele at(910)796-7215 or via e-mail at Dean.Hunkele@ncdenr.gov. Sincerely, JameskH regson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Attachment: Operational Agreement Cc Michael Gallant, Gallant Engineering Pender County Health Department - Hampstead Pender County Building Inspections Department - Hampstead Randy Hoffer, Pluris Hampstead LLC WIRO, Water Quality Section -- Pluris Hampstead WWTF (WQ0037287) Sewer Ext. File Central Files,Water Quality Section PERCS Unit (via email) Permit No. WQ0035062 Page 3 of 10 rllt'i;-;1"ftc;�;c71 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the CYPRESS COEX, LLC PENDER COUNTY for the construction and operation upon certification of approximately y linear feet of y-inch gravity sewer; a 30—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a portable generator receptacle with manual transfer switch as well as approximately 461 linear feet of 2-inch force main to serve an existing 69-seat McDonalds restaurant as part of the Cypress Station Commercial Center project, and the discharge of 1,800 gallons per day (using 26 gpd/seat from water-use records) of collected domestic and commercial wastewater into the Pluris Hampstead LLC's existing sewerage system, pursuant to the application received August 10, 2017 and additional information received on September 11, 2017 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of • Environmental Quality and considered a part of this permit. December 3, 2010 Original Issuance Version 1.0 (updated 9-11-2017) Continued operation of approximately 643 linear feet of 8-inch gravity sewer; a 47—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a portable generator receptacle with approximately 731 linear feet of 2-inch force main to serve office space that will accommodate forty three (43)-emp ees-(1,07-5-g ,`-,--1770G0-s of-retail space-(1,700-gpd`, and a 7S-seat restaurant (3,000 gpd), as part of the Cypress Station Commercial Center project, and the discharge of 6,500 3,000 gallons per day of collected domestic wastewater into the Cypress Coex, LLC's existing sewerage system, pursuant to the application received September 24, 2010. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit Number: WQ0035062 Issued Today: September 11, 2017 ( \ . James H)Gregson, Regional Supervisor Wilmii gton Regional Office • Water Quality Regional Operations Section Division of Water Resources, NCDEQ By Authority of the Director and The Environmental Management Commission Permit No. WQ0035062 Page 4 of 10 STATE OF NORTH CAROLINA COUNTY OF v% Permit No. `1 ' DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di)and entered into this ,w day of :1(?, by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and --- • f �C� ? t(. . corp neral partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Z'>/ Y 0 ti.55 c (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities(hereinafter Disposal System)to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be foKled at the time of filing of the Declaration, the (Unit Owners' Associatione ,4 Lam' --� �-' (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re-construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaratibi n;F;:i$ /4 r!FgIEN/ M' 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a p Jl►i : fiaOken reissued to the DEVELOPER's successor. Water Quality Regional Operations Section Wilmington Regional OfficeFORM: DEV 08-13 Page 1 of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3,4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies)where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL .?(1?-c' CC i MANAGEMENT COMMISSION Na ? S ...�a ,Zimmerman, P.G1 (Signat ) Director, Division of Water Resources Print Name and Title (Date12/;--OPT I / r (Mite) , FORM: DEV 08-13 Page 2 of 2 SUPPLEMENT TO PERMIT COVER SHEET CYPRESS COEX, LLC is hereby authorized to: Construct,and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Pluris Hampstead Wastewater Treatment Facility in accordance with Permit Number WQ0037287. Until the new force main is installed and certified, the existing system shall be treated in the Cypress Station Wastewater Treatment Facility in accordance with Permit Number WQ0034881. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T;the Division of Water Resources'(Division)Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as- constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between the Cypress Coex LLC and Pluris Hampstead LLC for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] 2. No flow in excess of the quantity or number & type of connections permitted herein shall be made tributary to the subject sewer system until an application for permit modification has been submitted to and approved by the Division. [15A NCAC 02T.0304(b)] 3. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to§143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T.01151 4. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with the address,a pump station identifying name/number,24-Hour Emergency telephone number, and name of the owner/operator of the sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency. Simplex pump stations or vacuum sewer pits serving a single-family residence may have a placard or sticker without the address placed on the control panel in lieu of a sign. (15A NCAC 02T .0305(h)(2)] Permit No. WQ0035062 Page 5 of 10 5. Within 60 days following activation of service with Pluris Hampstead LLC, Cypress Coex, LLC shall properly abandon its existing treatment facility permitted under WQ0034881 and request a closure inspection by the Wilmington Regional Office then followed by a request to rescind its permit. [15A NCAC 02T.0105(c)(6)] II. STANDARD CONDITIONS 1 This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [iSA NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met: [15A NCAC 02T .0108(b)] a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: Permit No. WQ0035062 Page 6 of 10 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs(a)through(i)of this Rule fora minimum of three years with exception of the map, which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water resources staff member at the Wilmington Regional Office,telephone number(910) 796-7215, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure,due to known or unknown reasons,that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.;or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume, that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 115A NCAC 02T.0108(b)] Permit No. WQ0035062 Page 7 of 10 7. Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement,then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, and available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Prior to Certification(Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5%or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification & activation. [15A NCAC 02T .0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] Permit No. WQ0035062 Page 8 of 10 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T .0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T .0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee sha►l take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T .0110; 15A NCAC 02T .0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by the Division any other Federal,State,or Local government agencies which have jurisdiction or obtaining other permits which may be required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] Permit No. WQ0035062 Page 9 of 10 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: Cypress Coex, LLC PERMIT #: WQ0035062 PROJECT: Cypress Station Commercial Center Force Main Diversion ISSUE DATE: September 11, 2017 COUNTY: Pender This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. Consequently, it should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Wilmington Regional Supervisor, Water Quality Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (n periodically, weekly, full time) the construction of the project name and location as referenced above for the above Permittee hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Resources'(Division)Gravity Sewer Minimum Design Criteria adopted February 12,1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal w/signature &date • Final I I Partial • • Certification Comments/Qualifiers: NC DWR—Water Quality Regional Operations Section 127 Cardinal Drive Extension Wilmington, NC 28405 Wilmington Regional Office Phone: 910-796-7215 FAX:910-350-2004 DocuSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C RECEIVED /ED Cape Fear Commercial LLC y AY j 8 2022 NCDEQIDWRINPDES NORTH CAROLINA ASSOCIATION OF REALTORS® COMMERCIAL COVER SHEET US 17 and Hoover Road in Hampstead INDIVIDUAL/BUYER INFORMATION INDIVIDUAL/SELLER INFORMATION 1 Louis D.Dworsky Jimmy Ellington First Buyer Name First Seller Name Second Buyer Name Second Seller Name BUSINESS ENTITY/BUYER BUSINESS ENTITY/SELLER Double Dimension, LLC Cypress Coex,LLC and Red Hawk Capital,LLC (Name of Firm) (Name of Firm) By: Louis D. Dworsky By: Jimmy Ellington Title: Manager Title: Manager Date: Date: ADDRESS INFORMATION 2324 Pansy Road SW 3205 Randall Pkwy Ste 107 Buyer's Address Seller's Address Huntsville AL 35801 Wilmington NC 28403-2565 City State Zip Code City State Zip Code (256)536-6587 (917)545-8572 Home Phone No. Home Phone No. (919)606-3100 (256)536-9588 (910)520-1729 Business No. Fax No. Business No. Fax No. LDD12486@gmail.com Jimmy@EllingtonInd.com Email Address Email Address Page 1 of 2 Cape Fear Commercial LLC,10SI Military Cutoff Road,Suite 200 Wilmington NC 28405 Phone-0103441012 Fax.0103441020 US 17 and Hoover F.Spruill Thompson.SIOR Produced with zipForrne by zipLogix 18070 Fifteen Mile Road,Fraser.Michigan 48026 wwwzioLoaix.conl xi DocuSign Envelope ID 09A9D4DF-3D0E-4533-B192-A96F67D4A25C LISTING INFORMATION Property Address: US 17 and Hoover Road in Hampstead,, Legal Description: See Exhibit A Listing Price: $ PURCHASE AGREEMENT INFORMATION Purchase Price $ 1,500,000.00 Earnest Money: $ 5,000.00 Proceeds of New Loan $ (yr.) % %(discount points) Promissory Note: $ N/A (yr-) %Assumption: $ (yr.) Cash$ 1,495,000.00 Examination Period: November 30, 2021 Loan Commitment: D�l< Date SELLING BROKER INFORMATION LISTING BROKER INFORMATION Cape Fear Commercial, LLC Selling Broker Finn Name Listing Broker Firm Name F. Spruill Thompson, SIOR Sales Agent's Name Sales Agent's Name 157733 Selling Agent's Individual License# Listing Agent's Individual License# 1051 Military Cutoff Road, Suite 200 Street Address Street Address Wilmington NC 28405 NC City State Zip Code City State Zip Code (910)344-1012 (910)344-1020 Business No. Fax No. Business No. Fax No. (910)344-1012 Sales Agent's Phone Number Sales Agent's Phone Number Spruill@CapeFearCommercial.com Email Address Email Address Page 2 of 2 Produced with zipForme by zipLogix 18070 Fifteen Mile Road.Fraser,Michigan 48026 www.zieLoaix,com 1 5 17 and Hoover DocuSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C This form is required_jor use in all sales transactions, including residential and commercial. s.starSl, av„ 9j. 7111 Working With Real Estate Agents Disclosure (For Sellers) IMPORTANT This form is IIQ a contract. Signing this disclosure only means you have received it. 4 In a real estate sales transaction,it is important that you understand whether an agent represents you. # Real estate agents are required to(1)review this form with you at first substantial contact-before asking for or receiving your confidential information and(2)give you a copy of the form after you sign it. This is for your own protection. # Do pal share any confidential information with a real estate agent or assume that the agent is acting on your behalf until you have entered into a written agreement with the agent to represent you.Otherwise,the agent can share your confidential information with others. Note to Agent:Check all relationship types below that may apply to this seller. Seller's Agency(listing agent): The agent who gave you this form(and the agent's firm)must enter into a written listing agreement with you before they begin to market your property for sale. If you sign the listing agreement, the listing firm and its agents would then represent you. The buyer would either be represented by an agent affiliated with a different real estate firm or be unrepresented. Dual Agency: Dual agency will occur if your listing firm has a buyer-client who wants to purchase your property. If you agree in a written agency agreement, the real estate firm,And any agent with the same firm(company), would be permitted to represent you and the buyer at the same time. A dual agent's loyalty would be divided between you and the buyer,but the firm and its agents must treat you and the buyer fairly and equally and cannot help you gain an advantage over the other party. Designated Dual Agency: If you agree in a written agency agreement,the real estate firm would represent both you and the buyer,but the firm would designate one agent to represent you and a different agent to represent the buyer. Each designated agent would be loyal only to their client. X Buyer Agent Working with an Unrepresented Seller(For Sale By Owner, "FSBO"):The agent who gave you this form will not be representing you and has no loyalty to you. The agent will represent only the buyer. Do not share any confidential information with this agent. Note to Seller:For more information on an agent's duties and services, refer to the NC Real Estate Commission's "Questions and Answers on: Working With Real Estate Agents"brochure at ncrec.gov(Publications, Q&A Brochures)or ask an agent for a copy of it. DocuSigned by: cm 8/30/2021 ib'ig> ture Seller's Signature Date Jimmy Ellington Agent's Name Agent's License No. Firm Name REC. 4.27 #4/6/2021 Cape Fear Commercial LLC,1051 Military Cutoff Road,Suite 200 Wilmington NC 211405 Phone.9103441012 Fax.9103441020 US 17 and Hoover F.Spruill Thompson,S1OR Produced with zipForrne by zipLogie 18070 Fifteen Mile Road,Fraser,Michigan 48026 Www.zioLoaix corn DocuSlgn Envelope ID.09A9D4DF-3D0E-4533-B192-A96F67D4A25C This form is required for use in all sales transactions, including residential and commercial. .�'rRM Aa EST r °\ Working With Real Estate Agents Disclosure Y �: I. (For Buyers) IMPORTANT This form is not a contract. Signing this disclosure only means you have received it. # In a real estate sales transaction,it is important that you understand whether an agent represents you. # Real estate agents are required to(1)review this form with you at first substantial contact-before asking for or receiving your confidential information and(2)give you a copy of it after you sign it. This is for your own protection. # Do not share any confidential information with a real estate agent or assume that the agent is acting on your behalf until you have entered into an agreement with the agent to represent you. Otherwise,the agent can share your confidential information with others. Note to Agent:Check all relationship types below that may apply to this buyer. X Buyer Agency: If you agree,the agent who gave you this form(and the agent's firm)would represent you as a buyer agent and be loyal to you. You may begin with an oral agreement,but your agent must enter into a written buyer agency agreement with you before preparing a written offer to purchase or communicating an oral offer for you. The seller would either be represented by an agent affiliated with a different real estate firm or be unrepresented. Dual Agency: Dual agency will occur if you purchase a property listed by the firm that represents you. If you agree,the real estate firm laid any agent with the same firm(company),would be permitted to represent you and the seller at the same time. A dual agent's loyalty would be divided between you and the seller,but the firm and its agents must treat you and the seller fairly and equally and cannot help you gain an advantage over the other party.* Designated Dual Agency: If you agree,the real estate firm would represent both you and the seller, but the firm would designate one agent to represent you and a different agent to represent the seller. Each designated agent would be loyal only to their client.* *Any agreement between you and an agent that permits dual agency must be put in writing no later than the time you make an offer to purchase. Unrepresented Buyer(Seller subagent): The agent who gave you this form may assist you in your purchase,but will not be representing you and has no loyalty to you.The agent will represent the seller. Do not share any confidential information with this agent. Note to Buyer:For more information on an agent's duties and services, refer to the NC Real Estate Commission's "Questions and Answers on: Worki ith Real Estate Agents"brochure at ncrec.gov(Publications, Q&A Brochures)or ask an agent for a copy of it. Buyer's Signature Buyer's Signature Date Louis D.Dworsky F.Spruill Thompson,SIOR 157733 Cape Fear Commercial, LLC g Agent's Name Agent's License No. Firm Name REC.4.27#4/6/2021 Produced with ziP Form®bY P og zi L ix 18070 Fifteen Mile Road.Fraser,Michigan 48026 wwwzioLoaix.com US 17 and Hoover DocuSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C CREALTORS' Commercial Alliance '. AGREEMENT FOR PURCHASE AND SALE OF IMPROVED REAL PROPERTY REALTOR7 North Carolina Association ofREALTORS() THIS AGREEMENT,including any and all addenda attached hereto("Agreement"),is by and between Double Dimension,LLC a(n) NC Limited Liability Company ("Buyer"),and (individual or State of formation and type of entity) Cypress Coex,LLC and Red Hawk Capital,LLC , a(n) NC Limited Liability Companies ("Seller"). (individual or State of formation and type of entity) (NOTE: If the Buyer or Seller is an entity,in order to form a binding agreement and complete a transaction,the entities listed as Buyer or Seller in this Agreement should be validly formed and in good standing with the Secretary of State in the State of formation of the entity.) FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1.Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a)"Property": (Address) US 17 and Hoover Road in Hampstead Plat Reference:Lot(s) ,Block or Section ,as shown on Plat Book or Slide at Page(s) , County,consisting of acres. 0 If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated herewith by reference, (For information purposes:(i)the tax parcel number of the Property is: • and,(ii)some or all of the Property,consisting of approximately acres,is described in Deed Book ,Page No. , County.) together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any, itemized on Exhibit A. $ 1,500,000.00 (b) "Purchase Price" shall mean the sum of One Million,Five Hundred Thousand Dollars, payable on the following terms: S 5,000.00 (i)"Earnest Money"shall mean Five Thousand Dollars or terms as follows:within five(5)business days of full execution of this Agreement The Earnest Money shall be deposited in escrow with Cape Fear Commercial,LLC (name of person/entity with whom deposited- "Escrow Agent") within five (5) calendar days of the Contract Date, to be applied as part payment of the Purchase Price of the Property at Closing, or disbursed as agreed upon under the provisions of Section 10 herein. Should Buyer fail to deliver the Earnest Money by the date required hereunder, or should any check or other funds paid by Buyer be dishonored, for any reason, by the Page 1 of 9 IThis form jointly approved by: STANDARD FORM 580-T REALTOR°North Carolina Bar Association Revised 7/2020 North Carolina Association of REALT I 01. In . DS US ©7/2021 Buyer Initials Seller Initi s iliLS SU- Capr Fear Commercial LLC,1OSl Military n Cutoff Road,Suite 200 Wilmington: Phone 9103441012 Fax 9103441020 US S 17 and Hoover F.Spruill Thompson,SIOR Produced with zipForn®by zipLogix 18070 Fifteen Mite Road,Fraser,Michigan 48026 iylwrzioLogix.corp DocuSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice of such dishonor to deliver cash,official bank check,wire transfer or electronic transfer to the Escrow Agent. If Buyer fails to deliver the required funds within one (1) banking day after written notice, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received acknowledgement by Escrow Agent of its receipt of funds from Buyer.If the Escrow Agent has not delivered to the Seller the acknowledgement of Earnest Money on the last page of this Agreement by the calendar day following the date the Earnest Money is required to be delivered hereunder, it shall be presumed that the Earnest Money was not delivered by the required time (unless, upon the written request of Seller, Escrow Agent can provide proof of its receipt of the Earnest Money by the required time). Buyer and Seller consent to the disclosure by the Escrow Agent, to the parties to this Agreement, the Broker(s) and any Buyer lender, of any material facts pertaining to the Earnest Money. ❑ ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT,AND: (check only ONE box) _ ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Number is: ) _ ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. $ N/A (ii)Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of Dollars being payable over a term of years,with an amortization period of years, payable in monthly installments of principal,together with accrued interest on the outstanding principal balance at the rate of percent( %) per annum in the amount of$ , with the first principal payment beginning on the first day of the month next succeeding the date of Closing,or such other terms as may be set forth on Exhibit B.At any time,the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder,Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B.If such senior financing is subsequently foreclosed,the Seller may have no remedy to recover under the note.) $ 1,495,000.00 (iii) Cash,balance of Purchase Price,at Closing in the amount of One Million,Four Hundred Ninety-Five Thousand Dollars. Buyer,at Buyer's expense,shall be entitled to pursue qualification for and approval of any loan Buyer intends to obtain in connection with the transaction contemplated by this Agreement. (Note: Buyer's obligations under this Agreement are not conditioned upon obtaining or closing any loan. Therefore,Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Examination Period allows sufficient time for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction.) (c) "Closing"shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shall occur on or before December 15,2021 or (d) "Contract Date"means the date this Agreement has been fully executed by both Buyer and Seller. DS DS DS age� 2of Buyer Initials Seller Initial �` I'& S�t STANDARD FORM 580-T Revised 7/2020 ©7/2021 Produced with zipForrr by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 wwwzioLogix.com US 17 and Hoover DocuSign Envelope ID:09A9D4DF-3DOF-4533-B192-A96F67D4A25C (e) "Examination Period" shall mean the period beginning on the first day after the Contract Date and extending through 5:00pm(based upon time at the locale of the Property)on November 30,2021 TIME IS OF THE ESSENCE AS TO THE EXAMINATION PERIOD. (f) "Broker(s)"shall mean: ("Listing Agency"), _ ("Listing Agent"-License# Acting as:_Seller's Agent; ❑Dual Agent and Cape Fear Commercial,LLC ("Selling Agency"), — F.Spruill Tho pson,SIOR ("Selling Agent"-License# 157733 ) Acting as: X Buyer's Agent; _Seller's(Sub)Agent; _Dual Agent (g) "Seller's Notice Address" shall be as follows: 3205 Randall Parkway,Suite 107 Wilmington,NC 28403-2565 e-mail address:Jimmy@EllingtonInd.com fax number: except as same may be changed pursuant to Section 12. (h) "Buyer's Notice Address" shall be as follows: 2324 Pansy Street SW Huntsville,AL 35801 e-mail address: LDD12486@gmail.com fax number:(256)536-9588 except as same may be changed pursuant to Section 12. (i) If this block is marked,additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to this Agreement.) !� (j) If this block is marked, additional terms of this Agreement are set forth on the Additional Provisions Addendum (Form 581-T)attached hereto and incorporated herein by reference. E (k) If this block is marked, additional terms of this Agreement are set forth on the Back Up Agreement Addendum (Form 581A-T)attached hereto and incorporated herein by reference. Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price. Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes(on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes required by law,any fees required for confirming Seller's account payment information on owners'association dues or assessments for payment or proration; any fees imposed by an owners'association and/or a management company as agent of the owners'association in connection with the transaction contemplated by this Agreement other than those fees required to be paid by Buyer in this Section 3 below,and the following: All normal prorations shall apply Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement, charges required by an owners'association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, any costs or charges for determining restrictive covenant compliance,and the following: All normal prorations shall apply Each party shall pay its own attorney's fees. DS C.1�0e S, of, DS Buyer Initials -L1- 1 Seller Initial if kS S STANDARD FORM 580-T Revised 7/2020 ©7/2021 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser.Michigan 48026 www.zioLoeix.com (CC 17 and Hnncer DocuSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer, as soon as reasonably possible after the Contract Date, copies of all material information relevant to the Property in the possession of Seller, including but not limited to: title insurance policies(and copies of any documents referenced therein),surveys,soil test reports,environmental surveys or reports, site plans,civil drawings, building plans, maintenance records and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys;and(2)the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's(or title insurer's agent's)file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all hard copy materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, following release of the Earnest Money, provide to Seller copies of(subject to the ownership and copyright interests of the preparer thereof) any and all studies,reports, surveys and other information relating directly to the Property prepared by or at the request of Buyer, its employees and agents,without any warranty or representation by Buyer as to the contents,accuracy or correctness thereof. Notwithstanding the above provisions regarding delivery and return of information and documentation,should there exist a separate non-disclosure,confidentiality,or similar agreement between Buyer and Seller,the terms of which conflict with this provision insofar as delivery and return of information and documentation,then the terms of such non-disclosure,confidentiality, or similar agreement shall control as to the delivery and return of information and documentation. Section 5. Evidence of Title: Seller agrees to convey fee simple insurable title to the Property without exception for mechanics'liens, free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (as defined in Section 7, if applicable) and (c) specific instruments on the public record at the Contract Date agreed to by Buyer(not objected to by Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the deed referenced in Section 11 (items 5(a),5(b)and 5(c)being collectively"Permitted Exceptions");provided that Seller shall be required to satisfy,at or prior to Closing,any encumbrances that may be satisfied by the payment of a fixed sum of money,such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld,conditioned or delayed. Section 6.Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment(or waiver by Buyer,whether explicit or implied)of the following conditions: (a)Title Examination: After the Contract Date, Buyer shall,at Buyer's expense,cause a title examination to be made of the Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee simple insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions,in no case later than the end of the Examination Period,and Seller shall have thirty(30)days to cure said noticed defects. If Seller does not cure the defects or objections within thirty(30)days of notice thereof,then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the Property must be insurable at regular rates,subject only to standard exceptions and Permitted Exceptions. (b) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted,then the Buyer may(i)terminate this Agreement and receive a return of the Earnest Money or(ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property. (c) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, conducting timber cruises, and surveying the Property; provided, however, that Buyer shall not conduct any invasive testing of any nature without the prior express written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct all such on-site inspections, examinations, testing, timber cruises and surveying of the Property in a good and workmanlike manner, at Buyer's expense,shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-site inspections outside of the hours Seller's or any tenant's business is open to the public. Buyer shall provide Seller or any tenant(as applicable)reasonable advance notice of and Buyer shall cause its agents or representatives and third party service providers(e.g. inspectors, surveyors,etc.)to give reasonable advance notice of any entry onto the Property. Buyer shall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant's space at the Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to —DS /—OS DS Buyer Initials L_L) Seller Initiak �� gage of � STANDARD FORM 580-T \ \ l�l Revised 7/2020 ©7/2021 Produced with zipFormib)by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 wwwzioLogix,cort t S 17 and Hoo,er f ' iSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C S -A- .. review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such 1 DS books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however,that Buyer shall not disclose any information regarding this Property(or any tenant therein)unless required by law, and the same shall be regarded as \Ds confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall Main their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself and its agents or z epresentatives in exercising its rights under this Section 6(c) and agrees to indemnify and hold Seller harmless from any damages DS resulting therefrom. This indemnification obligation of buyer shall survive the Closing or earlier termination of this Agreement. Except as provided in Section 6(b) above, Buyer shall have from the Contract Date through the end of the Examination Period to J perform the above inspections,examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE ADS EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER 4A- SHALL RECEIVE A RETURN OF THE EARNEST MONEY. CDs Section 7.Leases(Check one of the following,as applicable): \E—) X If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the Property. as of closing DS _If this box is checked,Seller discloses that there are one or more leases affecting the Property("Leases")and the following it provisions are hereby made a part of this Agreement. ` (a)A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants, that as of the Contract Date, there are i—DS no other Leases,oral or written,recorded or not,nor any subleases affecting the Property,except as set forth on Exhibit B; A't-S (b)Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; (c) Seller represents and warrants that as of the Contract Date, there are no current defaults(or any existing situation which, with the passage of time,or the giving of notice,or both,or at the election of either landlord or tenant could constitute a default)either by Seller,as landlord, or by any tenant under any Lease("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date; and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed,asserted or threatened to be asserted by either Seller or a tenant under the Lease. (d)In addition to the conditions provided in Section 6 of this Agreement,this Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form and content acceptable to Buyer(with tenant's written consent and acknowledgement, if required under the Lease). Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited to Buyer at or before Closing. The assignment shall provide: (i) that Seller shall defend, indemnify and hold Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing, and (ii)that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted against or incurred by Seller which are caused by or the result of any default by Buyer under any Lease after the date of Closing. (e) Seller also agrees to work diligently to obtain any tenant signatures on any estoppel certificates in such form as Buyer may reasonably request and to work diligently to obtain any subordination,nondisturbance and attorrunent agreements in such form as Buyer may reasonably request. Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to: those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table(49 CFR Part 172.101)or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is(i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977(33 U.S.C. §132I)or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §1317),(v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976(42 U.S.C. §6903)or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and 1 c--DS DS A rDs e or Buyer Initials Seller Initials 3f t F-t STANDARD FORM 580-T Revised 7/2020 ©7/2021 Produced with zipForm8 by zipLogix 18070 Fifteen Mile Road.Fraser.Michigan 48026 www zioLosjx.com US 17 and Hoover DocuSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C P Liability Act of 1980(42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein,shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the , DS repair of the Property,including any improvements,unless the parties hereto agree in writing. s-t-k- Section 10. Earnest Money Disbursement: In the event that any condition hereto is not satisfied, then the Earnest Money shall be Ds refunded to Buyer. In the event of breach of this Agreement by Seller,the Earnest Money shall be refunded to Buyer upon Buyer's �1uest, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this ) greement by Buyer, the Earnest Money shall be paid to Seller as liquidated damages and as Seller's sole and exclusive remedy for Ds such breach,but without limiting Seller's rights under Section 6(c) or Section 22 of this Agreement. It is acknowledged by the parties ^ that payment of the Earnest Money to Seller in the event of a breach of this Agreement by Buyer is compensatory and not punitive, if such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the ` Earnest Money to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties r—DS acknowledging the difficulty determining Seller's actual damages for such breach. nits NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money held in escrow, a licensed real ` estate broker is required by state law (and Escrow Agent, if not a broker, hereby agrees) to retain the Earnest Money in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction.Alternatively,if a broker or an attorney licensed to practice law in North Carolina is holding the Earnest Money, the broker or attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A- 12. Seller and Buyer hereby agree and acknowledge that the Escrow Agent assumes no liability in connection with the holding of the Earnest Money pursuant hereto except for negligence or willful misconduct of Escrow Agent. Escrow Agent shall not be responsible for the validity,correctness or genuineness of any document or notice referred to under this Agreement.Seller and Buyer hereby agree I to indemnify, protect, save and hold harmless Escrow Agent and its successors,assigns and agents pursuant to this Agreement, from any and all liabilities, obligations, losses, damages, claims, actions, suits, costs or expenses (including attorney fees) of whatsoever kind or nature imposed on,incurred by or asserted against Escrow Agent which in any way relate to or arise out of the execution and delivery of this Agreement and any action taken hereunder;provided,however,that Seller and Buyer shall have no such obligation to indemnify, save and hold harmless Escrow Agent for any liability incurred by, imposed upon or established against it as a result of Escrow Agent's negligence or willful misconduct. Section 11.Closing: At or before Closing,Seller shall deliver to Buyer a special warranty deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions,including without limitation,a bill of sale for any personal property listed on Exhibit A, an owner's affidavit, lien waiver forms (and such other lien related documentation as shall permit the Property to be conveyed free and clear of any claim for mechanics'liens)and a non-foreign status affidavit(pursuant to the Foreign Investment in Real Property Tax Act), and Buyer shall cause to be delivered the funds necessary to pay to Seller the Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until the Buyer's attorney's (or other designated settlement agent's)receipt of authorization to disburse all necessary funds. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing(which shall include electronic mail) and shall be deemed to have been properly given and received (i) on the date delivered in person or(ii) the date deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller, and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith, (iii) at such time as the sender performs the final act to send such transmission, in a form capable of being processed by the receiving party's system, to any electronic mail address or facsimile number, if any,provided in Section 1(g)as to Seller,and in Section 1(h)as to Buyer or(iv)on the date deposited with a recognized overnight delivery service, addressed to the addresses set out in Section 1(g) as to Seller, and in Section 1(h)as to Buyer,or at such other addresses as specified by written notice delivered in accordance herewith. If a notice is sent by more than one method,it will be deemed received upon the earlier of the dates of receipt pursuant to this Section. DS DS ! DS n / hh ft0fBuyer Initials L Seller Initia s t s STANDARD FORM 580-T Revised 7/2020 ©7/2021 Produced with DpFomiV by zipLogix 18070 Fifteen Mae Road,Fraser,Michigan 48026 yrww.ziDLoax.com ('S 11 and limner DocuSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C Section 13.Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together, shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged via facsimile or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. The invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and enforced as if such invalid provisions were not included. Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that notice given in accordance with Section 12 is not required for effective communication for the purposes of this Section 14. The parties acknowledge and agree that: (i)the initials lines at the bottom of each page of this Agreement are merely evidence of their having reviewed the terms of each page,and(ii)the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties,their heirs,successors and assigns and their personal representatives. Section 15.Adverse Information and Compliance with Laws: (a) Seller Knowledge/Assessments: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (ii)actions,suits or proceedings pending or threatened against the Property;(iii)changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert"None" or the identification of any matters relating to (i) through (iv)above,if any): None known Note: For purposes of this Agreement: (i) a "special assessment" is defined as a charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes,or by an owners'association in addition to any regular assessment(dues), either of which may be a lien against the Property; a special assessment may be either pending or confirmed; (ii) a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether, at the time of Closing, it is payable in a lump sum or future installments; (iii) a "pending" special assessment is defined as an assessment that is under formal consideration by a governmental agency or an owners' association but which has not been approved prior to Closing. Seller shall pay, in full at Closing, all confirmed governmental or association special assessments, provided that the amount thereof can be reasonably determined or estimated. The payment of such determined or estimated amount shall be the final payment between Buyer and Seller as to any confirmed special assessments. If the amount of any special assessment cannot be reasonably determined or estimated, the special assessment shall be deemed a pending special assessment. Buyer shall take title subject to all pending special assessments disclosed by Seller herein, if any. (b)Compliance: To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances,regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property,and Seller is not aware of any facts which might result in any such action, suit or other proceeding. (c) Owners' Association: If the Property is subject to regulation by an owners' association, Seller shall deliver the following information to Buyer pursuant to Section 4 as if the same were listed therein(or Seller shall state that Seller does not have same in their possession or that such item is not applicable):(i)the name of the owners'association;(ii)the amount of regular assessments(dues);(iii) the name, address and telephone number of the president of the owners' association or of the association manager or management company;(iv)the owners'association website address; (v)the Seller's statement of account; (vi)the master insurance policy showing the coverage provided and the deductible amount; (vii) copies of any Declaration and/or Restrictive Covenants; (viii) the Rules and Regulations,(ix)the Articles of Incorporation and Bylaws of the owners'association;(x)the current financial statement and budget of the owners' association; (xi) the parking restrictions and information; and (xii) the architectural guidelines. Seller authorizes and directs any owners' association, any management company of the owners'association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, representative, closing attorney or lender true and accurate copies of the foregoing items affecting the Property,including any amendments thereto. ^^Ds a e7 of o's,L Buyer Initials Seller lnitia s Jf Sz.CI STANDARD FORM 580-T Revised 7/2020 ©7/2021 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zioLogox.corrt US 17 and Hoover ti)cuSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C S -(k Ds etion 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the rties hereto shall not survive the closing or delivery of the deed.Seller shall,at or within six(6)months after the Closing,and without fu1iher consideration,execute,acknowledge and deliver to Buyer such other documents and instruments,and take such other action as cos Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in ,Ye accordance with this Agreement. os LSection 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This �t.s term has only been approved for use in North Carolina. Section 18.Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B. Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided,however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents,at no cost to the non-exchanging party,as shall be required to give effect to this provision. Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof(other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum(which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i)except as to the Brokers designated under Section 1(f)of this Agreement.they have not employed nor engaged any brokers,consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers,the Buyer and/or the Seller. Section 23.Attorneys Fees: If legal proceedings are instituted to enforce any provision of this Agreement,the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection with the proceeding. EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. os AA age8of Ds Buyer Initials [—A— Seller Initia Jt 1tS 4N" STANDARD FORM 580-T l Revised 7/2020 0 7/2021 Produced with zipForrn®by zipLogix 18070 Fifteen Mile Road.Fraser,Michigan 48026 www.ziaLouix.com US 17 and Hoover DocuSign Envelope ID.09A9D4DF-3D0E-4533-B192-A96F67D4A25C BUYER: SELLER: Individual 46}Q4A/7 Individual Louis D.Dworsky Jimmy Ellington Date: O S/ l' f ZO7 t Date: Date: Date: Business Entity Business Entity Double Dimension,LLC Cypress Coex,LLC and Red Hawk Capital,LLC (Name of Entity) (Name of Entity) ,—DoeuSigned by: By: BY: jtwiwlc (ilA. bin, %.—AAB2BA87EA2D496_. Name:Louis D.Dworsky Name:Jimmy Ellington Title: Manager Title: Manager Date: 0.31 t�f �2-t Date:8/30/2021 WIRE FRAUD WARNING To Buyers: Before sending any wire, you should call the closing agent's office to verify the instructions. If you receive wiring instructions for a different bank,branch location, account name or account number, they should be presumed fraudulent. Do not send any funds and contact the closing agent's office immediately. To Sellers: If your proceeds will be wired,it is recommended that you provide wiring instructions at closing in writing in the presence of the closing agent. If you are unable to attend closing, you may be required to send an original notarized directive to the closing agent's office containing the wiring instructions. This directive may be sent with the deed, lien waiver and tax forms if those documents are being prepared for you by the closing agent. At a minimum, you should call the closing agent's office to provide the wire instructions. The wire instructions should be verified over the telephone via a call to you initiated by the closing agent's office to ensure that they are not from a fraudulent source. Whether you are a buyer or a seller, you should call the closing agent's office at a number that is independently obtained. To ensure that your contact is legitimate, you should not rely on a phone number in an email from the closing agent's office, your real estate agent or anyone else. The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in accordance with the terms hereof. Cape Fear Commercial,LLC (Name of Escrow Agent) Date: By:Julia W.Lackey Escrow Agent's contact/notice information is as follows: 1051 Military Cutoff Road,Suite 200 Wilmington,NC 28405-4071 e-mail address:Julia ar•capefearcommercial.com fax number:(910)344-1020 except as same may be changed pursuant to Section 12. Page 9 of 9 STANDARD FORM 580-T Revised 7/2020 ©7/2021 Produced with zipForrn®by zipLogix 18070 Fifteen Mile Road.Fraser,Michigan 48026 www•ziDLogix corn US 17.nd Hoover DocuSign Envelope ID:09A9D4DF-3D0E-4533-B192-A96F67D4A25C 9 P waws• ( *LTO ) RERe®'North Carolina Association of REALTORS. ADDITIONAL SIGNATURES ADDENDUM NOTE:This form should not be used to add new parties after a contract has been formed Property Address: US 17 and Hoover Road in Hampstead,, This ADDITIONAL SIGNATURES ADDENDUM is attached to and made a part of the following named document including any addendum listed here(describe form by name and form number)Agreement for Purchase and Sale of Real Property Form 580-T ("Document"). The number of parties who need to sign the Document exceed the space provided in the Document. The sole purpose of this Addendum is to provide additional spaces for the identification and signature of the Document by all necessary parties. By signing this Addendum,each of the additional parties named below acknowledges receipt of the Document and agrees to be bound by all the terms,conditions and/or other provisions contained in the Document. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. Party Name(print): Buyer Seller Other: Signature: Date: Party Name(print): Buyer Seller Other: Signature: Date: Party Name(print): Buyer E Seller Other: Signature: Date: Party Name(print): E Buyer Seller Other: Signature: Date: Cypres Coex,LLC,Rounbhouse Properties,LLC E Buyer X Seller I Other: ' prime 8/30/2021 yjlwtwlj1U 61A. Jimmy W.Ellington .xthorized representative Date Print name and title Red Hawk Capital,LLC _ _- Buyer X Seller Other: E cicit Seaaltne 8/30/2021 clALWIA, Mark Sullivan y:M.aw ::. ,authorized representative Date Print name and title Cypress Grove Townhomes,LLC,Key&Holman Family Properties,LLC - Buyer [Seller Other: E oesixtiynkti*ti to B :�VW ' 8/30/2021 Susan Keys Holman igAmteressai nathorized representative Date Print name and title Buckeye Capital,LLC,Holman Credit Shelter Trust _- Buyer [Seller _Other: 8/30/2021 B Susan Keys Holman : SU.SauA, S (kelwtauA, atum& uthorized representative Date Print name and title Page 1 of l North Carolina Association of REALTORS®,Inc. STANDARD FORM 503 I Adopted 7/2014 REACTOR OPPORTUNIT• ©7/2021 Cape Fear Commercial LLC,1051 Military Cutoff Road.Suite 200 Nilmington hiC 28405 Phone 910344101Z Fax 9103441020 lIS 17 and Hoover F.Spruill Thompson.SIOR Produced with zipForrn®by zipLogix 18070 Fifteen Mile Road Fraser,Michigan 48026 www.zioLogix.corm STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-1305, SUB 23 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by Pluris Hampstead, LLC, 5950 Berkshire Lane, Suite 800, Dallas, Texas ) ORDER GRANTING 75225, for a Certificate of Public Convenience ) FRANCHISE AND and Necessity to Provide Sewer Utility Service ) APPROVING RATES at 15075 and 14985 US Highway 17, Hampstead, in Pender County, North Carolina ) BY THE COMMISSION: On February 4, 2020, Pluris Hampstead, LLC (Pluris Hampstead), filed an application with the Commission seeking a certificate of public convenience and necessity to provide sewer utility service at 15075 US Highway 17 (Circle K) and 14985 US Highway 17 (McDonald's), Hampstead, in Pender County, North Carolina, and for approval of rates. The service areas are shown on plans filed with the application. The Public Staff presented this matter at the Commission's Staff Conference on June 22, 2020. The Public Staff recommended that the Commission issue an order granting the franchise and approving the proposed rates. Based upon the verified application and the entire record in this matter, the Commission makes the following FINDINGS OF FACT 1 . Pluris Hampstead presently holds wastewater franchises serving approximately 582 customers in North Carolina, and its record of service is satisfactory. 2. Pluris Hampstead is billing both customers its current commercial rate approved for its other service areas in Docket No. W-1305, Sub 0. 3. The North Carolina Department of Environmental Quality, Division of Water Resources (DWR) has issued Permit No. WQ0037870, dated July 6, 2015, to The Pantry Inc. (The Pantry), for the construction and operation of a 7 gallon per minute lift station and wastewater collection extension to serve a convenience store, with potential food service, as part of the Hampstead Kangaroo Express project. The DWR also issued Permit No. WO0035062, dated September 11, 2017, to Cypress Coex LLC (Cypress Coex), for the construction and operation of a 30 gallon per minute lift station and wastewater collection extension to serve an existing 69-seat restaurant as part of the Cypress Station Commercial Center project. 4. The Pantry satisfied Pluris Hampstead's requirements for sewer service and was provided a Certificate of Completion by Pluris Hampstead on May 4, 2016. The Pantry paid the approved tap fee of $3,200 per single-family equivalent (SFE) for nine commercial taps, and the reuse water fee of$700 per SFE for nine commercial taps. The lift station and force main on the property will be the responsibility of the Owner. 5. Cypress Coex satisfied Pluris Hampstead's requirements for sewer service and was provided a Sewer Service Permit by Pluris Hampstead on February 6, 2018. Cypress Coex paid the approved tap fee of$3,200 per single-family equivalent (SFE) for five commercial taps, and the reuse water fee of $700 per SFE for five commercial taps. The lift station and force main on the property will be the responsibility of the Owner. 6. Pluris Hampstead has filed all exhibits required with the application. 7. Pluris Hampstead has the technical, managerial, and financial capacity to provide sewer utility service in this franchise location. 8. The Public Staff recommends that the Commission require Pluris Hampstead to post a bond in the amount of $10,000. Pluris Hampstead currently has $500,000 of bonds posted with the Commission. Of this amount, $160,000 of bond surety is assigned to specific subdivisions, and $340,000 of bond surety is unassigned. Conclusions Based on the foregoing and the recommendations of the Public Staff, the Commission is of the opinion that$10,000 of Pluris Hampstead's unassigned bond surety should be assigned to 15075 US Highway 17 and 14985 US Highway 17, Hampstead; that the new franchises should be granted; and that Pluris Hampstead's proposed rates should be approved. IT IS, THEREFORE, ORDERED as follows: 1 . That $10,000 of Pluris Hampstead's unassigned surety bond is assigned to 15075 US Highway 17 and 14985 US Highway 17, Hampstead, in Pender County North Carolina. The remaining unassigned bond surety shall be $280,000 (a total of$60,000 is being assigned concurrently in Docket No. W-1305, Subs 2, 11 , 13, 17, 21 , and 23); 2. That Pluris Hampstead is granted a certificate of public convenience and necessity to provide sewer utility service at 15075 US Highway 17 and 14985 US Highway 17, Hampstead, in Pender County, North Carolina; 3. That Appendix A constitutes the Certificate of Public Convenience and Necessity; and f ' 4. That Pluris Hampstead's existing rates approved by the Commission Order issued on November 5, 2015, in Docket No. W-1305, Sub 0, are approved for utility service at, 15075 US Highway 17 and 14985 US Highway 17, Hampstead, in Pender County North Carolina. ISSUED BY ORDER OF THE COMMISSION. This the 23rd day of June, 2020. NORTH CAROLINA UTILITIES COMMISSION tr_ A:„ Janice H. Fulmore, Deputy Clerk APPENDIX A STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-1305, SUB 23 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION PLURIS HAMPSTEAD, LLC is granted this CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to provide sewer utility service at 15075 US Highway 17, Hampstead 14985 US Highway 17, Hampstead Pender County, North Carolina, subject to any orders, rules, regulations, and conditions now or hereafter lawfully made by the North Carolina Utilities Commission. ISSUED BY ORDER OF THE COMMISSION. This the 23rd day of June, 2020. NORTH CAROLINA UTILITIES COMMISSION Janice H. Fulmore, Deputy Clerk