WM0501599_Final Permit_20231116

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
ROY COOPER Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
November 16, 2023
Mr. Alan Cubberly
Circle K Stores, Incorporated
1100 Situs Court, Suite 100
Raleigh, North Carolina 27605
Sent Via Email
Subject: Monitoring Well Construction
Permit # WM0501599
Circle K Store #2721139 (UST Incident #48180) 1137
N. Brightleaf Boulevard (PIN#260414-34-3494)
Smithfield, North Carolina 27577—Johnston County
Mr. Cubberly:
In accordance with the application received on November 15, 2023, we are forwarding herewith
Monitoring Well Construction Permit No. WM0501599 dated November 16, 2023, issued for the
construction of a monitoring well system (installation of four wells). Please be aware that some counties
have well construction aroerams. and you may be reauired to obtain a well construction permit before
installation.
This Permit will be effective from the date of its issuance and shall be subject to the conditions and
limitations as specified therein. Please note the addition of stipulation #3 to the permit enclosed. If you
have any questions about this permit, please contact Michael Hall at [phone] or via email at
[e-mail].
Sincerely,
ocuSigned by:
1�D
& f.
2916E6AB32144F...
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure
-Permit
-Application Package
Ec: Maureen Jackson, ATC Associates of North Carolina, P.C.
Laserfiche
D E Q ,fJ North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA (J1(�.'�O'�.(�OQO
Department of Emlmnmenfal Duali�

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT FOR THE CONSTRUCTION OF A MONITORING WELL
In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws,
Rules and Regulations.
PERMISSION IS HEREBY GRANTED TO
Circle K Stores, Incorporated
FOR THE CONSTRUCTION OF A MONITORING WELL SYSTEM consisting of four monitoring wells owned by
Cirlce K Stores, Incorporated at mailing address 1100 Situs Court, Suite 100, Raleigh, North Carolina. The
wells will be located on the property owned by A.G. Lee Oil Company, at 1137 N. Brightleaf Blvd.,
Smithfield, North Carolina 27577. This Permit is issued in accordance with the application received on
November 15, 2023, in conformity with specifications and supporting data, all of which are filed with the
Department of Environmental Quality and are considered integral parts of this Permit.
This Permit is for well construction only and does not waive any provision or requirement of any other applicable law or
regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well
Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining
to well construction.
If any requirements or limitations specified in this Permit are unacceptable, you have a right to an adjudicatory hearing
upon written request within 30 days of receipt of this Permit. The request must be in the form of a written petition
conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this Permit is final and
binding.
This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions,
limitations, or exceptions as follows:
1. Issuance of this Permit does not obligate reimbursement from State trust funds, if these wells are being
installed as part of an investigation for contamination from an underground storage tank or dry cleaner
incident.
2. Issuance of this Permit does not supersede any other agreement, permit, or requirement issued by
another agency.
3. The well(s) shall be located and constructed as shown on the attachments submitted as part of the Permit
application.
4. Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(o).
5. Well construction records (GW-1) for each well shall be submitted to the Division of Water Quality's
Information Processing Unit within 30 days of the well completion.
6. When the well is discontinued or abandoned, it shall be abandoned in accordance with 15A NCAC 02C
.0113 and a well abandonment record (GW-30) shall be submitted to the Division of Water Quality's
Information Processing Unit within 30 days of the well abandonment.
7. If the well penetrates any water -bearing zone that contains contaminated waters, the upper three feet of
the well shall be grouted within one day after the casing is set or the well abandoned.
ocuSigned by:
E�D
& f, �l.atn.ttit,(,2916E6AB32144F...
Vanessa E. Manuel, Assistant Regional Supervisor
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number: WM0501599
Permit Issued: November 16, 2023
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORrH CAROLINA �/ 919.707.9000
Depanmem or environmental auaii

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
;ETC
ASSOCIATES OF NORTH CAROLINA, P.C.
November 15, 2023
Mr. Mike Hall
North Carolina Department of Environmental Quality
Raleigh Regional Office
Division of Water Quality, Aquifer Protection Section
1628 Mail Service Center
Raleigh, North Carolina 27699
2725 E. Millbrook Road, Suite 121
Raleigh, North Carolina 27604
Tel: [phone]
Fax: [phone]
www.oneatias.com
N.C. Engineering License No. C-1598
RE: Application for Permit to Construct a Monitoring Well System
Circle K Store #2723119
1137 N. Brightleaf Boulevard (PIN #260414-34-3494)
Smithfield, Johnston County, North Carolina
NCDEQ Incident No. 48180
Dear Mr. Hall
On behalf of Circle K Stores, Inc., ATC Associates of North Carolina, P.C. (ATC) has been directed by
the NCDEQ-DWM-UST Section to perform comprehensive site assessment (CSA) activities at the above
property. Circle K leases the property from A.G. Lee Oil Co. (a copy of the lease agreement is attached).
ATC will be installing three shallow monitoring wells and one Type III monitoring well on the property
as part of the CSA activities. I have attached the well construction permit application to this cover letter.
Drilling is currently being scheduled for December 2023.
We greatly appreciate your assistance in this matter. If you have any questions or concerns, please feel
free to contact me at [phone] or via email at [e-mail].
Sincerely,
TC ASSOCIAT OF NORTH CAROLINA, P.C.
our n ac son,
Senior Project Manager

DocuSign Envelope ID: 7E8A084IVP% LJ 49C F%I IVI _IM I % F_ V-11 0 JMENTAL QUALITY - DIVISION OF WATER RESOURCES IYVRIfI VFIRV LIIYM UCrF1RIIYI CIYI Vr CIY VIRVI
APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM
PLEASE TYPE OR PRINT CLEARLY
In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto,
application is hereby made for a permit to construct monitoring or recovery wells.
1. Date: November 15, 2023
2.
3.
4.
5
6
County: Johnston
FOR OFFICE USE ONLY
PERMIT NO. ISSUED DATE
What type of well are you applying for? (monitoring or recovery): Monitoring
Applicant: Circle K Stores, Inc. Telephone: [phone]
Applicant's Mailing Address: 1100 Situs Court, Suite 100 Raleigh, North Carolina 27605
Applicant's Email Address (if available): acubberleyka,circlek.com
Contact Person (if different than Applicant):
Maureen Jackson
Contact Person's Mailing Address: 2725 E. Millbrook Road, Suite 121
Telephone: [phone]
h. North Carolina 27604
Contact Person's Email Address (if available): maureen.-jacksongoneatlas.com
Property Owner (if different than Applicant): A.G. Lee Oil Co. Telephone: Unknown
Property Owner's Mailing Address: 110 Roxy Drive Sanford, North Carolina 27576
Property Owner's Email Address (if available): Unknown
7. Property Physical Address (Including PIN Number) 1137 N. Brightleaf Blvd. (PIN #260414-34-3494)
City Smithfield County Johnston Zip Code 27577
8. Reason for Well(s): petroleum release assessment for Circle K Store #27231197 (UST incident #48180)
(ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.)
9. Type of facility or site for which the well(s) is(are) needed: UST
(ex: non -discharge facility, waste disposal site, landfill, UST, etc.)
10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s).
UST incident #48180
11. Type of contaminants being monitored or recovered: petroleum
(ex: organics, nutrients, heavy metals, etc.)
12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes - 2 (MW-1 and MW-2)
Existing Monitoring or Recovery Well Construction Permit No(s).: N/A
13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): Approx. 80 to 110 feet
14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No
If yes, give distance(s): N/A
15. Well Contractor: Carolina Soil Investigations, LLC Certification No.: 2579
Well Contractor Address: 132 Gurney Road Olin, North Carolina 28660
PROPOSED WELL CONSTRUCTION INFORMATION
1. As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing the following:
a. Borehole and well diameter e. Type of casing material and thickness
b. Estimated well depth f. Grout horizons
C. Screen intervals g. Well head completion details
d. Sand/gravel pack intervals
Continued on Reverse

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
PROPOSED WELL CONSTRUCTION INFORMATION (Continued)
2. Number of wells to be constructed in unconsolidated
material: 3
3. Number of wells to be constructed in bedrock: 1
5. How will the well(s) be secured?
Steel traffic bearing cover, sealing and locking cap
6. Estimated beginning construction date: Dec 2023
4. Total Number of wells to be constructed: 4 7. Estimated construction completion date: Dec 2023
(add answers from 2 and 3)
ADDITIONAL INFORMATION
1. As required by 15A NCAC 02C .0105(f)(5), attach a scaled map of the site showing the locations of the following:
a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads,
intersections, streams, or lakes within 500 feet of the proposed well or well system.
b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system.
C. The proposed well or well system.
d. Any test borings within 500 feet of proposed well or well system.
e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel
storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas) within 500 feet
of the proposed well or well system.
SIGNATURES
The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of
this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code,
Subchapter 2C) and accepts full responsibility for compliance with these rules
l �
Signature of Applicant or *Agent
Maureen Jackson ATC on behalf of Circle K Stores
Printed name of Applicant or *Agent
Sr. Project Manager for ATC
Title of Applicant or *Agent
* If signing as Agent, attach authorization agreement stating
that you have the authority to act as the Agent.
If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct
wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the
well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C).
Lease agreement attached A.G. Lee Oil Co.
Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant)
DIRECTIONS
Please send the completed application to the appropriate Division of Water Resources' Regional Office:
Asheville Regional Office Raleigh Regional Office Wilmington Regional Office
2090 U.S. Highway 70 3800 Barrett Drive 127 Cardinal Drive Extension
Swannanoa, NC 28778 Raleigh, NC 27609 Wilmington, NC 28405
Phone: [phone] Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5094
Phone: [phone]
Fax: [phone]
Mooresville Regional Office
610 East Center Avenue
Mooresville, NC 28115
Phone: [phone]
Fax: [phone]
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
Winston-Salem Regional Office
450 W. Hanes Mill Road
Suite 300
Winston-Salem, NC 27105
Phone: [phone]
Fax: [phone]
OR Rev. 3-1-2016

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
From: Cubberley, Alan
Sent: Wednesday, February 17, 2021 8:11 AM
To: Maureen Jackson
Subject: [EXTERNAL] RE: Permits
[External Email] This email originated from outside of the Atlas mail system.
Please use caution when opening attachments.
I give Maureen Jackson permission to sign permits on behalf of Circle K (NPDES, well
permits for off -site wells, UST (DEQ) forms).
Alan Cubberley
Senior Manager — Risk Control
Fuel and Environmental — North America
e:acubberley(a-)circlek.com
t: [phone]
m: [phone]
Circle K Stores Inc.
1100 Situs Court, Suite 100
Raleigh, NC 27606
http://corpo.couche-tard.com/en/business-units/
..................................
.......................................:.. J,
Part of Alimentation Couche-lard
CONFIDENTIALITY NOTE: This e-mail message, including any attachment(s), contains information
that may be confidential, protected by the attorney -client or other legal privileges, and/or proprietary
non-public information. If you are not an intended recipient of this message or an authorized assistant
to an intended recipient, please notify the sender by replying to this message so that we can correct
our records to avoid the mistake in the future and then delete it from your system. Use, dissemination,
distribution, or reproduction of this message and/or any of its attachments (if any) by unintended
recipients is not authorized and may be unlawful. Your cooperation with this request is appreciated.
From: Maureen Jackson <[e-mail]>
Sent: Wednesday, February 17, 2021 7:47 AM
To: Cubberley, Alan <[e-mail]>
Subject: [EXTERNAL] Permits
Importance: High

/ DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
t ju�J0Z)
SSSK 13 6 3TASE 3 8 3
Prepared by and after recording
mail to:
Francis C. Bagbey, Esq.
Smith, Anderson, Blount, Dorsett,
Mitchell & Jernigan, L.L.P.
Post Office Box 2611
Raleigh, NC 27602
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
MEMORANDUM OF LEASE
Pantry Store # 3119
[Formerly Dash-N
Store No. 2]
A. G. LEE OIL CO., INC., a North Carolina corporation ("Landlord), has leased to THE
PANTRY, INC., a Delaware corporation ("Tenant"), a parcel of land in Johnston County, North
Carolina described in Exhibit A attached hereto and incorporated herein by reference. Certain
provisions of the lease ("Lease") are as set forth below:
1. Landlord's address is:
Post Office Box 237
Smithfield, North Carolina 27577
Attention: Albert G. Lee, Jr.
2. Tenant's address is:
Post Office Box 1410
Sanford, North Carolina 27331-1410
Attention: Vice President of Real Estate.
3. The base term of the Lease shall commence on October 22, 1998 and expire on
October 31, 2008. There are three (3) five (5) year renewal options.
4. Landlord has granted to Tenant a right of first refusal to purchase the Premises
during the term of the Lease as set forth in the Lease.
5. The provisions set forth in the Lease and amendments, if any, are hereby
incorporated into this Memorandum of Lease by reference and made a part hereof. In the event of
conflict between the terms of this Memorandum of Lease and the terms of the Lease or any
amendment thereto, the terms of the Lease or the amendment, as the case may be, shall govern.
11FILEHOSTIVOL I INETDATA15829.40\lmememo.2.doc

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70 -08K 17 6 3 TABU S 4
IN WITNESS WHEREOF, the parties hereto have executed and sealed this Memorandum of Lease
on or as of the 22nd day of October, 1998.
ATTEST:
Rox a Tee B tt
Secretary
(AFFIX CORPORATE SEAL)
``Y . �YV•hhh,' Z � .eke a
y]tA_
I:11145110
ATTEST:
TE SEAL)
LANDLORD:
A. G. LEE OIL CO,, INC.,
a North Carolina corporation
By:
40�2-
Albert G, Lee, Jr.
President
TENANT:
THE PANTRY, INC.,
a Delaware corporation
By:
W`111IIQS'l1VOLI\j'; T1)A7A\5829.40lleasememo.2.doc
W. T. Flyg
Senior Vice

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70 09OX 17 6 tpd 8 5
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, a Notary Public for the County and State aforesaid, certify that Roxanne Lee Britt
personally appeared before me this date and acknowledged that she is Secretary of A, G. LEE OIL
CO., INC., a North Carolina corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its President, sealed with its
corporate seal, and attested by herself as its Secretary.
Witness my hand and official stamp or seal is the 22nd day of October, 1998.
Notary Public
tirlylirr�etlr
[AFFIX NOTARIAL STAMP OR SEAL,.,"
`ti �� ��■.■y■tip'■ �� •r� r
My Commission Expires: f OTA
, //fi�rr �� �'.{y
rf,,rr � � V lJ 1-Y� , ttt\,�
STATE OF NORTH CAROLINA �''r0,r111Ss+►'''
[OMMr Ifll WOMME 0
I, a Notary Public for the County and State aforesaid, certify that Joseph J. Duncan
personally appeared before me this date and acknowledged that he is Assistant Secretary of THE
PANTRY, INC., a Delaware corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its Senior Vice President, sealed
with its corporate seal, and attested by himself as its Assistant Secretary.
Witness my hand and official stamp or seal this the 2 day of October, 1998,
Notary Public
[AFFIX NOTARIAL STAMP OR SEAL];llllirf l�r�
My Commission Expires: oTAR,\
hey Camrnis F.xp¢r�s 7�j,� _
■
p PUS Or, c }
i
w _ ,, .........r.r.n .. r.. �,xir:•riz.�'�'AI.Q'76 .1f11L•a�....,.....n 7.rinr.. _. — rrrr`ff. C 0 U1lml** ,tttt
NORTH CAROLINA — IOHNSTON r
The foregoing certificatels of _
Notary Public/Notaries Public is/are Certified to be correctiyk
Filed for registration and recorded in this nfrice ' YagThis a
of Deeds
A.ssr.IDeputy Register of Deeds

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70 ? 6 3 ABU 8 6
Exhibit A
Johnston County
1137 N. Brightleaf Boulevard, Smithfield, NC
Store #2
BEGINNING at a point in the centerline of U.S. Highway #301 at the intersection of the
centerline of Booker Dairy Road and the centerline of U.S. Highway #301, and runs with the
centerline of U.S. Highway #301, South 77 degrees 30 minutes West 490 feet to a point, corner
with Buffalo Branch; runs thence along Buffalo Branch North 03 degrees 00 minutes West 640
feet to a point in the southern line of the Pilkington land; runs thence along the southern line
of the Pilkington land North 72 degrees East 598 feet along a ditch to a point in the centerline
of Booker Dairy Road; runs thence along the centerline of Booker Dairy Road, South 04
degrees 30 minutes West 720 feet to the point and place of BEGINNING, containing 8.12 acres,
more or less, including the highway right of way, being a portion of Lot 1 as shown in Plat Book
8, page 33, Johnston County Registry.
LESS AND EXCEPT:
Exception #1:
BEGINNING at an existing iron pipe, control point, in the northern right of way of U.S.
Highway 301, said existing iron pipe being located in the southern edge of a permanent 50' x
25' drainage easement (See Book 971, Page 541); thence from said Beginning Point along the
run of Buffalo Creek North 05 degrees 36 minutes 40 seconds East 429.47 feet; thence North
24 degrees 30 minutes West 147.30 feet; thence leaving the run of Buffalo Creek and along the
line of now or formerly Willard Pleasauts North 71 degrees 03 minutes 25 seconds East 574.29
feet to a point in the western edge of the right of way of NCSR 1923 `Booker Dairy Road",
thence as the western edge of the right of way of Booker Dairy Road South 05 degrees 04
minutes 10 seconds West 443.80 feet to a point; thence a new line South 78 degrees 09 minutes
49 seconds West 244.25 feet to a point; thence North 12 degrees 15 minutes 55 seconds West
54.49 feet to an iron pipe set; thence South 77 degrees 18 minutes 55 seconds West 150.00 feet
to an iron pipe set; thence South 12 degrees 15 minutes 55 seconds East 250.00 feet to an iron
pipe set in the northern right of way of U.S. Highway 301; thence along the northern right of
way of U.S. Highway 301 South 77 degrees 18 minute 55 seconds West 144.55 feet to an existing
iron pipe, point and place of beginning, containing 4.739 acres, excluding all highway rights
of ways and being a part of that tract conveyed to A. G. Lee Oil Company, Inc., recorded in
Deed Book 902, Page 796, and also being all of Lot No. 2 and a portion of Lot No. 3 of the A.
G. Lee Oil Company S/D, recorded in Plat Book 37, Page 183, according to Revised Plat dated
October 22,1992, prepared by Dennis R. Blackmon, RLS. This is the same property conveyed
in Deed Book 1287, Page 198 of the Johnston County Registry.
Exception #2:
Lying and being in thg City of Smithfield, Selma Township, Johnston County, North Carolina
and being a part of that tract conveyed to A. G. Lee Oil Company, Inc., of record in Deed Book
902, Page 796, of the Public Records of Johnston County, NC ;more particularly described as
follows:
BEGINNING at an iron pipe a new corner with A. G. Lee Oil Company, Inc.; said point is in
the northern right of way line of U.S. Highway No. 301 (40 feet perpendicular to highway
centerline) and can be located by measuring North 77 degrees 18 minutes 55 seconds East
144.55 feet from an existing iron pipe near the top south edge of a concrete end wall over
Buffalo Creek; being a common corner of James Paul Edwards, Jr. et al and A. G. Lee Oil
Company, Inc.; designated as point (A) shown on Plat recorded in Plat Book 28, Page 167;
thence from the beginning point along new lines with A. G. Lee Oil Company, Inc., as follows:
North 12 degrees 15 minutes 55 seconds West 250.00 feet to an iron pipe set; thence North 77
degrees 18 minutes 55 seconds East 150.00 feet to an iron pipe set; thence South 12 degrees 15

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70BOOK_ ? 6 3LI 8
Fxhibit A
minutes 55 seconds East 250.00 feet to an iron pipe set on the northern right of way of U.S.
Highway No. 301; being located South 77 degrees 18 minutes 55 seconds West 122.40 feet from
an existing concrete R/W marker; thence along said R/W line South 77 degrees 18 minutes 55
seconds West 150.00 feet the beginning point and containing 37,499 square foot according to
a survey performed in April 1992 and Plat dated May 20, 1992 by Dennis R. Blackmon, a
North Carolina Registered Land Surveyor No.1374, said plat being recorded in Plat Book 37,
Page 183, of the Johnston County Registry. This is the identical property conveyed in deed
dated August 13, 1992 from A. G. Lee Oil Company, Inc. to Wendy's International, Inc.,
recorded in Book 1272, Page 445 of the Johnston County Registry.

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
[Formerly Dash-N
Store No. 2]
LEASE AGREEMENT - STORE NO. 3119
THIS LEASE AGREEMENT (the "Lease") is made and entered into as of this
22nd day of October, 1998, by and between A.G. LEE OIL CO., INC., a North Carolina
corporation, hereinafter called "Landlord," and THE PANTRY, INC.; a Delaware corporation with
offices in Sanford, North Carolina, hereinafter called "Tenant".
Landlord and Tenant covenant and agree as follows:
1. PREMISES. In consideration of the rents, terms, covenants, and agreements set
forth in this Lease to be paid, kept, and performed, Landlord grants, demises, and lets to Tenant,
and Tenant hereby takes, rents, and leases from Landlord, on the terms, covenants, provisions,
and agreements provided in this Lease, the Premises (as hereinafter defined).
Landlord is seized and possessed of a fee simple title to a certain tract of land (the
"Land") in Smithfield, Johnston County, North Carolina described as follows:
See Exhibit A attached and incorporated herein by reference.
The Land, together with all improvements thereon or to be constructed thereon (the
"Improvements"), are hereinafter collectively referred to as the "Premises."
2. TERM. The term of this Lease shall commence on the first day of the first
complete calendar month following the date of execution of this Lease (the 'Base Term
Commencement Date") and shall expire ten (10) years from such date. The ten (10) year period
beginning on the Base Term Commencement Date shall be hereinafter referred to as the "Base
Term." If this Lease is not executed on the first day of a month, the term of this Lease shall
nonetheless commence for an interim term commencing on the date of execution of this Lease
and ending on the last day of the month in which execution occurs. During such interim term, all
of the terms, conditions, and provisions of this Lease shall apply, and Tenant shall pay rent to
Landlord prorated on the basis of the number of days remaining in the month in which this Lease
is executed.
The three (3) five (5) year periods following the Base Term for which Tenant will have an
option to renew this Lease as provided in Section 3 shall be hereinafter referred to individually
as a 'Renewal Term" or collectively as the "Renewal Terms."
3. RENEWAL OPTION. Provided and upon the condition that Tenant shall not then
be in default under the terms of this Lease beyond any applicable grace or cure period, this
Lease shall be automatically renewed for three (3) additional five (5) year periods without action
on the part of either party hereto. In the event Tenant does not desire to renew this Lease for
any of the three (3) five (5) year Renewal Terms, Tenant shall notify Landlord of its intention not
to renew this Lease at least ninety (90) days prior to the termination of the then current Lease
N:15829.401LEA5E AGREEMENnIcase.2

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
period, and in the event such notification is not given by Tenant, this Lease shall be
automatically extended as above provided.
0
M
NA5829A0'%LEA5F AGREEMEN'Nease.2 2

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
5. PETROLEUM EQUIPMENT AND PRODUCTS. Tenant shall have the right to
install or cause to be installed and to maintain and operate petroleum marketing equipment,
including, but not limited to, underground storage tanks and lines, pumps, dispensers,
environmental assessment and remediation equipment, and canopies and consoles on the
Premises for the sale of gasoline and other petroleum products. Tenant shall have the right to
remove said equipment at the termination of this Lease and agrees to restore the surface of the
Premises to the same condition that the same were immediately prior to removal to the extent
commercially practicable.
If, during the term of this Lease, petroleum marketing equipment is installed or operated
on the Premises, then at termination Tenant shall, at its sole cost and expense, commission an
evaluation of sub -surface conditions. Such evaluation shall be conducted by a firm experienced
in such work. Copies of the results of such tests shall be provided to Landlord upon request.
If such evaluation shows underground conditions to be in violation of any applicable law,
Tenant shall perform all investigation and remediation required by governmental authorities
having jurisdiction and by applicable law relating to conditions directly attributable to Tenant's
operations on the Premises.
Tenant shall indemnify, defend, and hold Landlord harmless from any claims, demands,
causes of action, liabilities, losses, and reasonable costs and expenses arising from Tenant's
breach of its obligations under this Section 5.
6, STORE FIXTURES AND EQUIPMENT. All petroleum marketing equipment,
including exterior lights and poles, canopy and structure, underground storage tanks, multi-
product dispensers and store fixtures, refrigeration equipment, walk-in coolers, and petroleum
marketing products, regardless of whether such items are permanently attached to the Premises
or not, and every other item of property not permanently attached to the Premises are to remain
and be the property of Tenant and Tenant is to have the right and privilege of removing any and
all such property and equipment at any time during the continuance of this Lease or any
extension hereof and within thirty (30) days thereafter. In the event the aforesaid equipment is
not removed by Tenant within said thirty (30) day period, title thereto shall automatically pass to
and vest in Landlord, and Tenant shall thereafter be relieved of any and all responsibility in
connection with said equipment. If said equipment is removed, Tenant shall restore the
Premises to'their condition immediately prior to the removal of such property to the extent
commercially practicable. It is further understood and agreed that the buildings and structures
erected on the Premises, including heat and air conditioning equipment, may not be removed by
Tenant at the termination of this Lease.
7. TENANT'S RIGHT TO ALTER AND IMPROVE. Tenant shall not make any
additions, alterations, or Improvements in or to the Premises without Landlord's written consent,
which consent shall not be unreasonably withheld or delayed. This prohibition shall not apply to
interior remodeling or alteration which does not affect the structural integrity of buildings or which
would not impair the use of the Premises as a convenience food store. Except as otherwise
provided herein, all additions, alterations, and Improvements made in or to the Premises by
either Landlord or Tenant shall become the property of Landlord and be surrendered with the
Premises at the termination of this Lease.
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At or prior to expiration or termination of the term of this Lease, Tenant shall have the
right, but not the obligation, to remove any exterior signage or architectural design which is a
trademark, logo, or identifying feature of "The Pantry." Tenant shall, at its own expense, restore
the appearance and structural integrity of the building and Improvements to the appearance and
structural integrity of the building and improvements at the beginning of the term of this Lease
(reasonable wear and tear excepted).
8- USE OF PREMISES: LAWFUL PURPOSES. Tenant covenants that the
Premises shall be used for a convenience food store and for the sale of gasoline and other
petroleum products and for such other business as Tenant may desire so long as the use is
lawful and does not violate any applicable federal, state, county, or municipal ordinances and
laws that are in force. In the event of the occurrence of a violation of law, Tenant shall not be in
default under this Lease if applicable law does not require Tenant to take any action to correct
the alleged violation. In the event of the occurrence of a violation of law, if applicable law
requires Tenant to take certain action, Tenant shall not be in default under this Lease so long as
Tenant proceeds to take all action required by applicable law or by any federal, state, county, or
municipal authority having jurisdiction, provided Tenant pursues such required action in a timely
manner and in conformity with the regulations of the governmental authority having jurisdiction.
In addition to the other obligations of Tenant under this Lease, Tenant shall:
A. Not use or keep any hazardous substance ("hazardous substance" as used
herein shall not include Petroleum Products) on the Premises unless the same will be used or
kept in a manner complying with all laws regulating any such hazardous substance. If the
presence of hazardous substance on the Premises caused or permitted by Tenant results in
contamination of the Premises, then Tenant shall indemnify, defend and hold Landlord harmless
from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which
arise during or after the Lease term as a result of such contamination. This indemnification of
Landlord by Tenant includes, without limitation, costs incurred by Landlord in connection with
any investigation of site conditions or any cleanup, remedial, removal, or restoration work
required by any federal, state or local governmental agency or political subdivision because of
hazardous substances present in the soil or groundwater on or under the Premises arising solely
out of breach of this covenant by Tenant;
B. Provide upkeep to the Premises and be responsible for all costs thereof
including, but not limited to, all maintenance and repair of all plumbing fixtures, HVAC systems,
and grounds used in connection with the Premises in a clean, safe, sanitary, and presentable
condition and shall not allow any mechanic's or statutory lien to be filed against the Premises,
except such as are being contested in good faith;
C. Comply with any and all obligations imposed by applicable governmental
codes, but Tenant shall have no obligation to retrofit the Premises due to changes in applicable
laws, regulations, codes or ordinances.
D. Dispose of all rubbish, garbage, and other waste in a clean and safe manner
and comply with all applicable ordinances concerning garbage collection, waste, and other
refuse;
E. Use in a proper and reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air conditioning, and other facilities and appliances, if any, furnished as part
of the Premises;
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F. Not deliberately or negligently destroy, deface, or damage any part of the
Premises (including all facilities, appliances, and fixtures) or willingly permit any person, known
or unknown to Tenant, to do so;
G. Keep the Premises in a clean, sanitary condition, conforming to reasonable
standards, mow the grass and water the plants as needed, and also be responsible for removing
snow and ice from all driveways, walkways, and steps on the Premises;
N. Not undertake any noxious or offensive activity on the Premises nor do
anything on the Premises which may be or become a nuisance;
I. Replace, at its sole cost and expense, any and all plate and other glass in or
about the Premises damaged or broken from any cause whatsoever; and -
J. Provide written notice to Landlord at least sixty (60) days prior to ceasing
convenience store operations at the Premises. In such event, Landlord shall be entitled to
terminate this Lease.
9. REMEDIES UPON DEFAULT.
A. If one or more of the following events (herein called "Events of Default") shall
occur and be continuing, the interest of Tenant shall be in default:
(1) Fail to pay any rent when due in accordance with the terms of this
Lease and such default shall continue for a period of ten (10) days after written notice to
Tenant of such default;
(2) Fail to keep or perform or abide in any material respect by any other
term, condition, covenant, or agreement hereof and such default shall continue for a
period of thirty (30) days after written notice to Tenant of such default; provided, however,
that such event shall not be deemed a default if Tenant shall have commenced a cure of
such default and shall diligently continue to pursue the same;
(3) File a petition in bankruptcy or take or consent to any other action
seeking any such judicial decree or shall make any assignment for the benefit of its
creditors or shall admit in writing its inability to pay its debts generally as they become
due or if any court of competent jurisdiction shall enter a decree or order adjudicating it
bankrupt, insolvent, or to be placed in receivership, or if any trustee or receiver for
Tenant or for any substantial part of its property be appointed or if any person shall file a
petition for involuntary bankruptcy or state receivership against Tenant and such
appointment or petition shall not be stayed or vacated within ninety (90) days of entry
thereof;
(4) Have its interest in this Lease or the Premises subjected to any
attachment, levy or sale pursuant to any order or decree entered against Tenant in any
legal proceeding and such order or decree shall not be vacated, or Tenant does not
actively seek to have such order or decree vacated, within thirty (30) days of entry
thereof; or
(5) Fails to pay ad valorem taxes before same become delinquent after
proper notice or allows the insurance policies required under this Agreement to lapse
without adequate replacement coverage reasonably acceptable to Landlord.
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B. Upon any Event of Default and in the absence of cure by Tenant, Landlord,
without declaring a termination of this Lease (which right is, however, unconditionally and
absolutely reserved), may exercise one or more or all of the following remedies:
(1) Landlord may re-enter the Premises and correct or repair any
condition which shall constitute a failure on Tenant's part to keep or perform or abide by
any term, condition, or covenant under this Lease and Tenant shall reimburse and
compensate Landlord as additional rent within fifteen (15) days of rendition of any
statement to Tenant by Landlord for any reasonable expenditures made by Landlord in
making such corrections or repairs;
(2) Subject to the rights of Tenant under North Carolina law, Landlord
may demand in writing that Tenant vacate the Premises and thereupon Tenant shall
vacate the Premises and remove therefrom all property thereon belonging to Tenant
within ten (10) days of receipt by Tenant of such notice from Landlord whereupon
Landlord shall have the right to re-enter and take possession of the Premises;
(3) Subject to the rights of tenant under North Carolina law, Landlord may
re-enter the Premises and remove therefrom Tenant and all property belonging to or
placed on the Premises by, at the direction of, or with the consent of Tenant;
(4) Landlord, upon recovery of possession of the Premises pursuant to
North Carolina law, may re -let the Premises or any part thereof for such time or times
and at such rental or rentals and upon such other terms and conditions as Landlord may
reasonably deem advisable, and Landlord may make alterations or repairs to the
Premises which are necessary to accomplish such re -letting; and Tenant shall pay all
costs of such re -letting, including the cost of repairs to the Premises due solely to failure
of Tenant to repair or properly maintain the Premises, in violation of the provisions of this
Lease; and, if this Lease shall not have been terminated, subject to Landlord's obligation
to mitigate damages, Tenant shall continue to pay all rent due under this Lease up to and
including the date of beginning of payment of rent by any subsequent tenant of part or all
of the Premises and thereafter Tenant shall pay monthly during the remainder of the term
of this Lease the difference, if any, between the rent collected from any such subsequent
tenant or tenants and the rent reserved in this Lease, but Tenant shall not be entitled to
receive any excess of any such rents collected over the rents reserved herein; or
(5) Landlord may terminate this Lease (without previous notice or demand
to vacate the Premises) and this Lease shall be deemed to have been terminated upon
receipt by Tenant of written notice of such termination. Upon such termination, Landlord
shall have and recover from Tenant the costs and expenses incurred by Landlord
resulting from such termination, including reasonable attorneys' fees actually incurred at
standard hourly rates. In addition thereto, Landlord, at its election, shall have and
recover from Tenant an amount equal to the present value of the excess, if any, of the
total amount of rents to be paid by Tenant for the remainder of the term of this Lease
over the then reasonable rental value of the Premises for the same period.
C. No course of dealing between Landlord and Tenant or any delay on the part
of Landlord in exercising any rights it may have under this Lease shall operate as a waiver of
any of the rights of Landlord hereunder nor shall any waiver of a prior default operate as a
waiver of any subsequent default or defaults and no express waiver shall affect any condition,
covenant, rule or regulation other than the one specified in such waiver and that one only for the
time and in the manner specifically stated.
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D. The exercise by Landlord of any one or more of the remedies provided in this
Agreement shall not prevent the subsequent exercise by Landlord of any one or more of the
other remedies herein provided. All remedies provided for in this Lease are cumulative and
may, at the election of Landlord, be exercised alternatively, successively, or any in other manner
and are in addition to any other rights provided by law.
10. TAXES. Tenant agrees to pay all ad valorem taxes and assessments applicable
to the Premises. Tenant shall pay all taxes on all personal property located on the Premises and
on all Improvements, temporary or permanent, placed on the Premises by Tenant. Landlord
agrees to forward such tax bills to Tenant in a timely manner. Landlord shall pay any interest
and penalties for Tenant's late payment of such taxes caused by Landlord's failure timely to
forward such tax bills to Tenant.
11. INSURANCE.
a. Tenant shall keep the buildings located upon the Premises insured
against loss or damage by fire or other casualty and extended coverage in an amount equal to
the replacement cost of the Improvements on the Premises and all contents located on or within
the Premises. The insurance required to be maintained by this Section 11(a) shall provide that
payments for losses be made jointly to Landlord or Landlord's mortgagee and Tenant.
b. If Tenant shall at any time fail to keep said buildings so insured, Landlord
may effect or maintain such insurance and any money expended for that purpose shall be
repayable by Tenant on demand.
C. During the Lease term, or any extension thereof, Tenant shall maintain in
force a policy of insurance insuring Landlord and Tenant against liability for accidents on the
Premises with limits of coverage not less than $5,000,000 combined single limit for property
damage loss and bodily injury to any person arising from any one occurrence. This limit may be
provided in either a primary policy of insurance or a combination of primary and umbrella excess
coverage.
d. The policies of insurance Tenant is required to obtain and maintain under
the preceding paragraph hereunder shall name Landlord as an additional insured and at
Landlord's request, a certificate of the evidence of such insurance shall be delivered to Landlord.
Such policy shall be in such form and with such insurance company as shall be reasonably
satisfactory to Landlord. At least ten (10) days before the expiration of any such policy, Tenant
shall supply Landlord with a substitute therefor or with evidence of payment of premiums
therefor. In the event Tenant does not maintain the insurance herein called for, Landlord may
obtain said insurance and Tenant shall reimburse Landlord for the premiums due on said
insurance on demand.
e. Except with respect to contamination caused by petroleum products as
covered in Section 5 of this Lease, Tenant further agrees to indemnify and hold Landlord
harmless from all claims for personal injuries, death, and property damage which occur as a
result of the operation of Tenant's business in and about the Premises, or which result from any
work done in and about the Premises by Tenant or any contractors selected by or for Tenant.
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12. REPLACEMENT OF IMPROVEMENTS APPLICATION OF INSURANCE
PROCEEDS THERETO.
a. If the Improvements shall be damaged or destroyed in whole or in part by
fire or other casualty, the net amount of all insurance proceeds received by Landlord or
Landlord's mortgagee (if added to any policy of insurance required to be carried by Tenant
hereunder) and Tenant, after deduction of the reasonable costs and expenses incurred in
collecting the same, shall, at Tenant's request, be disbursed to Tenant to pay for the costs and
expenses of the Restoration (as hereinafter defined). Landlord or Landlord's mortgagee, as the
case may be, shall promptly cause the check or other negotiable instrument representing the net
amount of the insurance proceeds to be endorsed, executed, or otherwise set over to Tenant so
as to enable Tenant to proceed with the Restoration.
b. Tenant shall have the right, but not the obligation, to proceed promptly
after the insurance claims are settled with the restoration, replacement, rebuilding, or repair of
the Improvements as nearly as possible to the condition the Improvements were in immediately
prior to such fire or other casualty (the "Restoration"). The Restoration shall be done in
compliance with all applicable laws, rules, and regulations. Tenant shalt provide Landlord and
Landlord's mortgagee, if any, with reports on the progress of the Restoration from time to time.
C. In the event Tenant elects to proceed with the Restoration in accordance
with the terms of this Section 12, Tenant's obligation to pay Rent to Landlord pursuant to Section
4 hereof shall not abate. If Tenant elects not to proceed with such Restoration, this Lease shall
immediately terminate, and Tenant shall not be entitled to insurance proceeds for the
Improvements.
d. In the event that during term of this Lease the Improvements shall be
damaged by fire or other casualty which shall have been occasioned by the intentional or
reckless act of Tenant or its agents or employees, there shall be no apportionment or abatement
of the rent. Without prejudice to any other rights and remedies of Landlord and without prejudice
to any rights of subrogation of any insurer of Landlord, Landlord shall have the right, but shall
have no obligation, to repair the Improvements and Tenant shall reimburse and compensate
Landlord within five (5) days of rendition of any statement to Tenant by Landlord for any
expenditures made by Landlord in making any such repairs to the extent the same is not
reimbursed by insurance. In the event the Premises are damaged by the intentional or reckless
act of Landlord or its agents or employees, Tenant shall have no obligation to pay further rent
under this Lease.
e. The other provisions of this Lease notwithstanding, Landlord shall have no
obligation to replace or repair any property in the Building or on the Premises belonging to
Tenant unless such loss results from the intentional or reckless acts of Landlord or its agents or
employees.
13. UTILITIES. Tenant shall pay or cause to be paid all charges for utilities for the
Premises. Landlord shall not be required to furnish to Tenant any utilities or be responsible for
the payment therefor.
14. REPAIR AND MAINTENANCE. Tenant shall be responsible for all maintenance
of the Improvements, and Landlord hereby assigns to Tenant any and all rights, claims, causes
of action, and benefits it has or which may accrue to it under any contract or warranty relating to
the construction of the Improvements on the Premises.
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15. LANDLORD'S USE OF PREMISES. In the event Landlord owns real estate at or
adjacent to the Premises that is not necessary for the operation of a convenience food store by
Tenant, Landlord reserves the right further to develop such property and lease the same to other
parties; provided, however, that Landlord must first obtain approval of such development and
lease from Tenant (if such development and lease include a grocery store or drugstore), which
approval will not be unreasonably withheld.
16. NO COMPETITION. Landlord agrees that neither it nor any related party will
lease, as landlord, any real estate within a one -mile radius of the Premises for use as a
convenience store and/or for retail gasoline sales. Landlord agrees to include a provision
prohibiting such use during the term of this Lease, including any renewals, in any future leases
of real estate within such area. Landlord further agrees that neither it nor any related party will
operate a convenience store or sell gasoline at retail within such restricted area. For purposes
of this Section, the term "related party" shall include all of Landlord's subsidiaries or affiliates and
all other entities controlled by or under the same control as Landlord and the principals and
owners of such subsidiaries, affiliates, and entities, but shall not include Albert Lee's daughter,
Roxanne Lee Britt. The provisions of this Section shall not apply to any real property interest
received by Albert Lee through inheritance, devise or bequest, nor shall it apply to any loans
made or guaranteed by Albert Lee to or for the benefit of his daughter, Roxanne Lee Britt.
17. QUIET POSSESSION. It is a further condition of this Lease that Landlord has a
good and marketable title to the Premises free and clear of all liens and encumbrances; that
Landlord has the right to lease the same; that Landlord warrants and will defend the Premises
unto Tenant against the lawful claims of all persons whomsoever; that so long as the rents are
paid in the manner herein provided and the covenants, conditions, and agreements are all and
singularly kept, fulfilled, and performed by Tenant, Tenant shall lawfully, peacefully, and quietly
hold, occupy, and enjoy the Premises during the term herein granted without any let, hindrance,
ejection, or molestation by Landlord or any person claiming under Landlord.
18. RIGHT OF ENTRY. Landlord reserves the right during the term of this Lease to
enter the Premises at reasonable hours to show the same or inspect the same, but has no
obligation to make an inspection of the Premises.
19. SUBLETTING AND ASSIGNMENT. Tenant may sublet the Premises or assign
this Lease with the prior written consent of the Landlord, such consent not to be unreasonably
withheld, conditioned, or delayed.
Consent by Landlord to one assignment, subletting, occupation, or use by another
person or party shall not be deemed to be a consent to any subsequent assignment, subletting,
occupation, or use by another person or party except for a re -assignment to Tenant, which shall
not require Landlord's consent. Consent to an assignment and acceptance of rent from an
assignee shall not release Tenant from liability for the continued performance of the terms and
conditions on the part of Tenant to be kept and performed, unless Landlord specifically releases
Tenant from said liability.
Any assignee or sub -tenant, by an instrument in writing in recordable form, shall assume
and agree to keep, observe, and perform all of the agreements, conditions, covenants, and
terms of this Lease on the part of Tenant to be kept, observed, and performed. This shall
include a leasehold mortgagee in the event a leasehold mortgagee or its Nominee (as
hereinafter defined) comes into possession of the Premises. "Nominee" means an entity
designated by a leasehold mortgagee to become the tenant under this Lease in place of Tenant
as a result of the exercise by a leasehold mortgagee of its rights and remedies under any
leasehold mortgage or under this Lease.
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DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
Notwithstanding anything hereinabove contained to the contrary, Tenant may, without
Landlord's consent, (a) assign, transfer, or sublet its leasehold interest to a corporation,
partnership, limited liability company, or other entity more than fifty percent (50%) of the
ownership of which is owned by Tenant, or to a corporation, partnership, limited liability
company, or other entity which owns more than fifty percent (50%) of the ownership interest in
Tenant, (b) assign its interest in this Lease as collateral in connection with financing of
equipment, fixtures, appliances, machinery, or furnishings to be used in connection with its
business on the Premises, (c) assign or mortgage this Lease or interest therein as collateral in
connection with any of Tenant's financing or refinancing, (d) assign its leasehold interest or
sublet the Premises in connection with a sale of all or substantially all of the assets of Tenant, or
(e) sell, pledge, encumber, or otherwise transfer or convey the stock of Tenant. In the event of
an assignment, sublease, or transfer pursuant to clauses (a) or (d) in this paragraph or in the
event of an assignment by Tenant of all of its interest in this Lease to an entity whose
creditworthiness is equal to or greater than Tenant's, Tenant shall be released of all liability
under this Lease accruing on and after the effective date of such assignment, sublease, or
transfer; provided, however, if a sublease is not for the remainder of the term of this Lease or for
all of the Premises, Tenant shall remain liable for the term remaining after expiration of the term
of the sublease and for any portion of the Premises not subleased.
Landlord may at any time during the term hereof assign its interest in this Lease
Agreement without consent of Tenant. Landlord shall promptly notify Tenant in writing of the
identity and address of the assignee and Landlord shall cause the assignee to notify Tenant in
writing of the address for payment of rent.
Landlord shall execute and deliver to Tenant, within thirty (30) days after receipt of
Tenant's request, an estoppel certificate or other statement to be furnished to any prospective
assignee, sublessee, or lender of Tenant. Such estoppel certificate or statement shall
acknowledge and certify each of the following matters, to the extent each may be true: (a)
whether there have been any amendments, modifications, or supplements of any kind to the
Lease; (b) that the Lease is in full force and effect; (c) that Tenant is not in violation of or in
default under the Lease beyond any applicable grace or cure period and that Landlord has no
claims against Tenant thereunder; (d) the commencement and expiration dates (including all
renewals and extensions) of the Lease; (e) the date through which Rent has been paid; (f that
Landlord consents to such assignment or subletting; and (g) such other matters as Tenant or its
assignee, sublessee, or mortgagee may reasonably request.
20. SURRENDER UPON TERMINATION OF LEASE. Subject to the provisions of
Sections 5 and 6 hereof, Tenant shall on the expiration or the sooner termination of the Lease
term surrender to Landlord the Premises, including all buildings, replacements, changes,
additions, and Improvements constructed or placed by Tenant thereon, except for all moveable
trade fixtures, equipment, and personal property belonging to Tenant, broom -clean, free of
subtenancies, and in good condition and repair, reasonable wear and tear and insured casualty
excepted. Any equipment, trade fixtures, or personal property belonging to Tenant or any sub-
tenant, if not removed at such termination or within thirty (30) days thereafter, shall automatically
become the property of Landlord without any payment or offset therefor and Tenant shall
thereafter be relieved of any and all responsibility in connection with said equipment. If said
equipment is removed, Tenant shall restore the Premises to their condition immediately prior to
the removal of such property to the extent commercially practicable.
21. CONDEMNATION. If all or any portion of the Premises is taken by any
governmental authority through condemnation proceedings, the money paid in said
condemnation proceeding for said taking shall be prorated between the parties hereto in
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accordance with their respective interests in the portion of the Premises taken. Provided, further
that if the taking by condemnation proceedings shall diminish the value of the Premises as a
business location for Tenant, Tenant shall have the right and option to terminate this Lease as of
the taking or as of the time that Tenant's business operations are materially affected or reduced.
22. RIGHT OF FIRST REFUSAL. It is agreed that if Landlord, at any time during the
term of this Lease or any Renewal Term hereof, receives any bona fide offer from a third party to
purchase the Premises, and any such offer is acceptable to Landlord, Landlord agrees to notify
Tenant in writing, giving the name and address of the offeror and the price, terms, and
conditions of such offer, and Tenant shall have twenty (20) business days from and after the
receipt of such notice from Landlord in which to elect to purchase the Premises on the terms and
conditions contained in said bona fide offer. If Tenant does not elect to purchase, and Landlord
sells the Premises to the third party making such offer, then the purchaser shall take the
Premises subject to and burdened with all the terms, provisions, and conditions of this Lease,
and the rights of Tenant under this Lease as against the new owner shall not be lessened or
diminished by reason of the change of ownership. If Tenant purchases the Premises, then
contemporaneously with the conveyance of the property to Tenant this Lease shall become null
and void, without further notice, and Tenant shall thereupon be released and discharged from all
further rentals and other obligations on the part of Tenant to be paid, kept, and performed. The
foregoing provisions of this section shall not apply to any offer from, or conveyance to, Albert G.
Lee, Jr., his daughter, Roxanne Lee Britt, or any entity controlled by either of them.
23. LEASEHOLD MORTGAGES. Tenant and every successor and assign of Tenant
is hereby given the right by Landlord in addition to any other rights herein granted, without
Landlord's prior written consent, to mortgage (including conveyance by deed of trust) its interests
in this Lease, under one or more leasehold mortgages and collaterally assign this Lease, upon
the condition that all rights acquired under such mortgages and assignments shall be subject to
each and all of the covenants, conditions, and restrictions set forth in this Lease, and to all rights
and interests of Landlord herein, none of which covenants, conditions, or restrictions is or shall
be waived by Landlord by reason of the right given to Tenant so to mortgage and assign such
interest in this Lease, except as expressly provided herein. If Tenant and/or Tenant's
successors and assigns shall mortgage this leasehold, and if the holder of such mortgage shall,
within thirty (30) days of execution, send to Landlord a true copy thereof together with written
notice specifying the name and address of the mortgagee and the pertinent recording data with
respect to such mortgage, Landlord agrees that so long as any such leasehold mortgage shall
remain unsatisfied of record or until written notice of satisfaction is given by the holder to
Landlord, the following provisions shall apply:
a. There shall be no cancellation, surrender, or modification of this Lease by
joint action of Landlord and Tenant without the prior consent in writing of the leasehold
mortgagee.
b. Landlord shall, upon serving Tenant with any notice of default,
simultaneously serve a copy of such notice upon the holder of such leasehold mortgage.
The leasehold mortgagee shall thereupon have the same period, after service of such
notice upon it, to remedy or cause to be remedied the defaults complained of, and
Landlord shall accept such performance by or at the instigation of such leasehold
mortgagee as if the same had been done by Tenant.
C. Anything herein contained notwithstanding, while such leasehold
mortgage remains unsatisfied of record, or until written notice of satisfaction is given by
the holder to Landlord, if any default shall occur which, pursuant to any provision of this
Lease, entitles Landlord to terminate this Lease, and if before the expiration of ten (10)
NA5829.40TEASE AGREEMENTI me.2 11

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
days after the date of service of notice of termination upon such leasehold mortgagee,
such leasehold mortgagee shall have notified Landlord of its desire to nullify such notice
and shall have paid to Landlord all rent and other payments herein provided for, and then
in default, and shall have complied or shall commence the work of complying with all of
the other requirements of this Lease, if any are then in default, and shall prosecute the
same to completion with reasonable diligence, then in such event Landlord shall not be
entitled to terminate this Lease and any notice of termination theretofore given shall be
void and of no effect.
d. If Landlord shall elect to terminate this Lease by reason of default of
Tenant, the leasehold mortgagee shall not only have the right to nullify any notice of
termination by curing such default as aforesaid, but shall also have the right to postpone
and extend the specified date for the termination of this Lease as fixed by Landlord in its
notice of termination, for a period of not more than four (4) months, provided that such
leasehold mortgagee shall cure or cause to be cured any then existing money defaults
and meanwhile pay the rent and comply with and perform all of the other terms,
conditions, and provisions of this Lease on Tenant's part to be complied with and
performed, other than past non -monetary defaults, and provided further that the
leasehold mortgagee shall forthwith take steps to acquire or sell Tenant's interest in this
Lease by foreclosure of the mortgage or otherwise and shall prosecute the same to
completion with all due diligence. If at the end of said four (4) month period the
leasehold mortgagee shall be actively engaged in steps to acquire or sell Tenant's
interest herein, the time of said mortgagee to comply with the provisions of this Section
shall be extended for such period not to exceed two (2) months as shall be reasonably
necessary to complete such steps with reasonable diligence and continuity. The
provisions of this Section shall not be construed to limit or impair Landlord's right to
exercise any remedies it may have under this Lease.
e. Landlord agrees that the name of the leasehold mortgagee may be added
to the "Loss Payable Endorsement" of any and all insurance policies required to be
carried by Tenant hereunder on condition that the insurance proceeds are to be applied
in the manner specified in this Lease, if set forth herein, and that the leasehold mortgage
or collateral document shall so provide.
f. Landlord agrees that in the event of termination of this Lease by reason of
any default by Tenant other than for nonpayment of rent and other payments herein
provided for, Landlord will enter into a new lease of the Premises with the leasehold
mortgagee or Nominee, for the remainder of the term, effective as of the date of such
termination, at the rent and upon the terms, provisions, covenants, and agreements as
herein contained and subject only to the same conditions as this Lease is subject to on
the date of the execution hereof or as previously amended with the leasehold
mortgagee's consent, and to the rights, if any, of any parties then in possession of any
part of the Premises, provided:
(i) Such mortgagee or Nominee shall make written request upon
Landlord for such new lease within fifteen (15) days after the date of such
termination and such written request is accompanied by payment to Landlord of
any and all sums then due to Landlord under this Lease, and in addition thereto,
any expenses, including reasonable attorneys' fees, to which Landlord shall have
been subjected by reason of such default.
(ii) Said mortgagee or its Nominee shall perform and observe ail
covenants herein contained on Tenant's part to be performed and shall further
N:15829.401LEASE AGREEMENTVease.2 12

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
remedy any other conditions which Tenant under the terminated lease was
obligated to perform under the terms of this Lease.
(iii) Landlord shall not warrant possession of the Premises to the
lessee under the new lease.
(iv) The tenant under such new lease shall have the same right, title,
and interest in and to the Improvements and personal property as Tenant under
the terminated lease had.
(v) The tenant under such new lease shall indemnify, defend, and
hold harmless Landlord from any losses, claims, expenses, and liabilities arising
from claims by parties making claims with respect to this Lease.
g. The proceeds from any insurance policies payable to leasehold
mortgagee or arising from a condemnation are to be held by any leasehold mortgagee
and distributed pursuant to the provisions of this Lease, but the leasehold mortgagee
may reserve rights to apply to the mortgage debt all, or any part, of Tenant's share of
such proceeds pursuant to such mortgage.
h. The leasehold mortgagee shall be given notice of any arbitration
proceedings by the parties hereto, and shall have the right to intervene therein and be
made party to such proceedings, and the parties hereto do hereby consent to such
intervention. In the event that the leasehold mortgagee shall not elect to intervene or
become party to such proceedings, the leasehold mortgagee shall receive notice of, and
a copy of, any award or decision made in said arbitration proceedings.
i. Landlord shall, upon request, execute, acknowledge, and deliver to each
leasehold mortgagee, an agreement prepared at the sole cost and expense of Tenant, in
form satisfactory to such leasehold mortgagee, between Landlord, Tenant and leasehold
mortgagee, agreeing to all of the provisions of this Section. The term "mortgage",
whenever used herein, shall include whatever security instruments are used in the locale
of the Premises, such as, without limitation, deeds to secure debt, deeds of trust, and
conditional deeds, as well as financing statements, security agreements, and other
documentation required pursuant to the Uniform Commercial Code. The term
"mortgage", whenever used herein, shall also include any instrument required in
connection with a sale -leaseback transaction.
24. SUBORDINATION ATTORNMENT AND ESTOPPEL
a. Subject to and conditioned upon the full satisfaction of all other provisions
of this Lease, including, without limitation, the requirements of Sections 11 and 12 hereof, and
further subject to the provisions of this Section 24, this Lease and the leasehold estate created
hereby shall be, at the option and upon written declaration of Landlord, subject, subordinate, and
inferior to the lien and estate of any mortgages and all renewals, extensions, or replacements
thereof, now or hereafter imposed by Landlord upon the Premises; provided, however, that this
Lease shall not be subordinate to any mortgage or any renewal, extension, or replacement
thereof, unless and until Landlord provides Tenant with an agreement (the "Non -Disturbance
Agreement"), signed and acknowledged by each holder of any such mortgage setting forth that
so long as Tenant is not in default hereunder, Landlord's and Tenant's rights and obligations
hereunder shall remain in force and Tenant's right to possession shall be upheld. Tenant shall,
promptly following a request by Landlord and after receipt of the Non -Disturbance Agreement,
execute and acknowledge any subordination agreement or other documents reasonably
NA5829.40TEASE AGREEMENPkase.2 13

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
required to establish of record the priority of any such encumbrance over this Lease, so long as
such agreement does not otherwise increase Tenant's obligations or diminish Tenant's rights
hereunder.
b. In the event of foreclosure of any mortgage, whether superior or
subordinate to this Lease, then (i) this Lease shall continue in force; (ii) Tenant's quiet
possession shall not be disturbed if Tenant is not in default hereunder; (iii) Tenant shall attom to
and recognize the mortgagee or purchaser at foreclosure sale (the "Successor Landlord") as
Tenant's landlord for the remaining term of this Lease; and (iv) the Successor Landlord shall not
be bound by (a) any payment of rent for more than one (1) month in advance; (b) any
amendment, modification, or ending of this Lease without the Successor Landlord's consent
after the Successor Landlord's name is given to Tenant, unless the amendment, modification, or
ending is specifically authorized by the original Lease and does not require Landlord's prior
agreement or consent; and (c) any liability for any act or omission of a prior landlord, including
Landlord. At the request of the Successor Landlord, Tenant shall execute a new lease for the
Premises, setting forth all of the provisions of this Lease except that the term of the new lease
shall be for the balance of the term of this Lease.
C. Tenant shall execute and deliver to Landlord, within thirty (30) days after
receipt of Landlord's request, any estoppel certificate or other statement to be furnished to any
prospective purchaser of or any lender against the Premises. Such estoppel certificate shall
acknowledge and certify each of the following matters, to the extent each may be true: (i) that
the Lease is in effect and not subject to any rental offsets, claims, or defenses to its
enforcement; (ii) the commencement and termination dates of the term; (iii) that Tenant is paying
rent on a current basis; (iv) that the Lease constitutes the entire agreement between Tenant and
Landlord relating to the Premises; (v) that Tenant has accepted the Premises and is in
possession thereof; (vi) that the Lease has not been modified, altered, or amended except in
specified respects by specified instruments; and (vii) that Tenant has no notice of any prior
assignment, hypothecation, or pledge of rents or the Lease. Tenant shall also, upon request of
Landlord, certify and agree for the benefit of any lender against the Premises ("Lender") that
Tenant will not look to such Lender: (a) as being liable for any act or omission of Landlord; (b)
as being obligated to cure any defaults of Landlord under the Lease which occurred prior to the
time Lender, its successor or assigns, acquired Landlord's interest in the Premises by
foreclosure or otherwise; (c) as being bound by any payment of rent or additional rent by Tenant
to Landlord for more than one (1) month in advance; or (d) as being bound by Landlord to any
amendment or modification of the Lease without Lender's written consent.
25. APPLICATION OF INSURANCE PROCEEDS BY LANDLORD'S MORTGAGEE
a. In the event that Landlord mortgages its title to or interest in the Premises,
then Landlord may request that the name of Landlord's mortgagee be added in place of
Landlord's name to any and all policies of insurance required to be carried by Tenant hereunder.
b. As a condition precedent to Tenant's obligations under Section 24 hereof,
Landlord shall cause Landlord's mortgagee to endorse, transfer, and otherwise make over to
Tenant the check or negotiable instrument representing the new amount of all insurance
proceeds received by Landlord's mortgagee for the purposes specified in Section 12 hereof, and
shall further cause Landlord's mortgage or collateral document to provide for such endorsement
or transfer in a manner not inconsistent with the provisions of this Lease; provided, however, that
Landlord's mortgagee may reserve the right to apply to the mortgage debt any part of such
insurance proceeds after all Tenant's costs and expenses of Restoration (as defined in Section
12 hereof) have been paid.
N:15829.401LEASE AGREEMENTIIease.2 14

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
26. BANKRUPTCY. In the event the Premises or any rights therein shall be levied on
by execution or other process of law by a creditor of either party, or if either party shall be
adjudged bankrupt or insolvent, or if any receiver shall be appointed for the business and
property of either party, or.if any assignment shall be made of either party's property for the
benefit of creditors, thereby diminishing any right or privilege granted by this Lease to the other
party, then the other party may terminate this Lease forthwith.
27. NOTICES. All notices and communications required to be sent pursuant to the
terms of this Lease shall be in writing (including facsimile, telegraphic, telex, or cable
communication) and shall be mailed, faxed, telegraphed, telexed, cabled, or delivered as
follows:
By Tenant to Landlord:
A. G. Lee Oil Co., Inc.
Post Office Box 237
Smithfield, North Carolina 27577
Facsimile No.[phone]
By Landlord to Tenant:
The Pantry, Inc.
1801 Douglas Drive (Zip 27731)
Post Office Box 1410
Sanford, North Carolina 27330-1410
Attention: Vice President of Real Estate
Facsimile No.: 919-774-3329.
All notices and other communications required or permitted under this Lease which are
addressed as provided in this Section (i) if delivered personally against proper receipt or by
confirmed facsimile or telex, shall be effective upon delivery and (ii) if delivered (A) by certified or
registered mail with postage prepaid, (B) by Federal Express or similar courier service with
courier fees paid by the sender or (c) by telegraph or cable, shall be effective two (2) business
days following the date when mailed, couriered, telegraphed or cabled, as the case may be.
The parties hereto may from time to time change their respective addresses for the purpose of
notices to that party by a similar notice specifying a new address, but no such change shall be
deemed to have been given until it is actually received by the party sought to be charged with its
contents.
28. BINDING EFFECT. The provisions of this Lease shall be binding on and inure to the
benefit of the parties hereto, their legal representatives, successors, and permitted assigns and
sublessees.
29. WHOLE AGREEMENT. This Lease contains all of the agreements and
representations between the parties with respect to the subject matter hereof. None of the terms
of this Lease shall be waived or modified to any extent, except by written instrument signed and
delivered by both parties.
30. SEVERABILITY. If any provision of this Lease shalt be declared invalid or
unenforceable, the remainder of this Lease shall continue in full force and effect.
N:M29.401EASE AGREEMENTlease.2 15

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
31. DUPLICATE COUNTERPARTS. This Lease may be executed in one or more
counterparts, each of which shall be an original and all of which shall constitute one and the
same instrument.
32. RECORDING OF LEASE. This Lease shall not be recorded. At the request of either
party the parties hereto shalt execute a Memorandum of Lease, in recordable form, specifying
the commencement and termination dates, a description of the Premises, and any other
provisions which either party may desire to incorporate therein.
33. GOVERNING LAW. This Lease shall be governed by, and construed and enforced
in accordance with, the laws of the State of North Carolina.
34. ARBITRATION. All controversies arising out of this Lease, or concerning the alleged
breach thereof, except monetary claims for less than $10,000, shall be submitted to binding
arbitration with the American Arbitration Association (the "Association") with a Raleigh, North
Carolina situs. Notwithstanding the provisions of this section, either party may seek appropriate
injunctive relief for any threatened conduct. The nonprevailing party shall bear the expenses in
the arbitration proceeding, unless the arbitrator determines otherwise. Judgment upon the
award rendered may be entered in any court of competent jurisdiction.
The procedure for arbitration shall be in accordance with the Association's then existing
rules, except that (i) each party may select on arbitrator, and the two selected arbitrators shall
choose a third arbitrator, but if either party fails to select an arbitrator within ten (10) days after
the arbitration is sought, or the two arbitrators fail to select a third arbitrator within fifteen (15)
days after arbitration is sought, the Association shall make the selection; and (ii) the discovery
rules of the North Carolina Rules of Civil Procedure shall apply, but all notice deadlines shall be
shortened to twenty (20) days.
35. RELATIONSHIP OF THE PARTIES. Nothing herein contained shall be deemed or
construed by the parties hereto, nor by any third party, as creating a relationship of principal and
agent or of partnership or of joint venture between the parties hereto, it being understood and
agreed that neither the method of computation of rent nor any other provision contained herein,
nor any acts of the parties hereto are other than the relationship of landlord and tenant.
Whenever herein the singular number is used the same shall include the plural, and the
masculine gender shall include the female and neuter genders. The numerical headings or titles
to the paragraphs are not a part of this Lease and shall have no effect upon the construction or
interpretation of any part hereof.
36. AUTHORITY. The individuals signing this Lease personally warrant that they have
the right and power to enter into this Lease on behalf of Landlord and Tenant, to grant the rights
granted under this Lease, and to undertake the obligations undertaken in this Lease.
37. INTERPRETATION PRESUMPTION. This Lease has been negotiated by the parties
hereto and by the respective attorneys for each party. The parties represent and warrant to one
another that each has, by counsel or otherwise, actively participated in the negotiation and
preparation of this Lease for execution. In the event of a dispute concerning the interpretation of
this Lease, each party waives the doctrine that an ambiguity should be interpreted against a
party who drafted the document.
NA5829AMEASE AGREEMENTIIease.2 16

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed under seal in their respective names by their duly authorized representatives,
executing this instrument in duplicate originals, as of the day and year first above written.
A. G. LEE OIL CO., INC.,
a North Carolina corporation
ATTEST:
oxanne Lee BPir By: 4 4wz
Secretary Albert G. Lee, Jr.
President
[CORPORATE SEAL]
TENANT:
THE PANTRY, INC.,
a Delaware corporation
ATTEST-
]
By: [/CJ
uncan
W. T. Flyg
Assistant Secretary
Senior Vice Preside
5•
1ti•
--[CORPORATE SEAL]
;rJ
N_15829AN-FASEi AGRFEMEN-rUcase.2 17

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, a Notary Public for the County and State aforesaid, certify that Roxanne Lee Britt
personally appeared before me this date and acknowledged that she/he is Secretary of A. G. LEE
OIL CO., INC., a North Carolina corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its President, sealed with its
corporate seal, and attested by herself as its Secretary.
Witness my hand and official stamp or seal this the d day of October, 1998.
ItiI+rr)"fNotary Pub
My Commission Expires: ,'��.���s'"•��,f''-,
,�pTAR),
My Carnmisslan Fxpir l$ 20Dp •
[AFFIX NOTARIAL STAMP OR SEAL] PUB00 • C-)'
:y
'''• COUNA�l
fr'rrri�tii�i�►�►►
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, a Notary Public for the County and State aforesaid, certify that Joseph J. Duncan
personally appeared before me this date and acknowledged that he is Assistant Secretary of THE.
PANTRY, INC., a Delaware corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its Senior President, sealed with its
corporate seal, and attested by himself as its Assistant Secretary.
Witness my hand and official stamp or seal th' the nd day of October, 199 .
r
Notary Public
My Commission Expires:
RY Comm swn Fires 7$21)02
[AFFIX NOTARIAL STAMP OR SEAL]
&I fI If111
B.
L �1I
JI
`rTAR), �
'f•. core tjj'�,:��''
N:15829.4nEASE AGRFEMENrNcase.Z 1$

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
?ohnston County
!!37 N. Brightleaf Boulevard,_Smithfield, NC
Store #2
BEGINNIli:G at a point in the centerline of U.S. Highway #301 at the intersection of the
centerline 0 Booker Dairy Road and the centerline of U.S. Highway #301, and runs with the
centerline a U.S. Highway 9301, South 77 degrees 30 minutes West 490 feet to a mint, corner
with Buffal:s Branch; tuns thence along Buffalo Branch North 03 degrees 00 minutes West 640
feet to a po`•.tt in the southern line of the Pilkington land; nuns thence along the southern line
of the Pilkington land North 72 degrees East 598 feet along a ditch to a point in the centerline
of Booker -)airy Road; rans thence along the centerline of Booker Dairy Rog-', South 04
degrees 30 minutes West 720 feet to the point and place of BEGINNING, containiR? 8.12 acres,
more or less-, including the highway right of way, heing a portion of Lot 1 �s shown �.n Plat Book
8, page 33, "ohnston County Registry-.
LESS AND EXCEPT:
Exception �!! :
BEGINNIN, ; at an existing iron pipe, control point, in the northern right of way of U.S.
Highway 3r 1, said existing iron pine teeing located in the southern edge of a permanent 50' x
25' drainat 2 easement (See'. ook 971, Page 541); thence from said Beginning Pont along the
run of Buff•,lo:Creek North 05 degrees 36 minutes 40 seconds East 429.47 feet; thence North
24 degrees minutes Wiest :47.20 feet; thence !eaving the run of Buffalo Creek 2A along the
line of now ` rformerly NVillard Peasants North 71 degrees 03 minutes 25 secondE East 574.29
feet to a po:nt in the western edge of the right of way of NCSR 1923 "Booker P-dry Road",
thence as fie western edge of the right of way of Booker Dairy Road South 0~ degrees 04
minutes 10 ,conds West 443.80 feet to a point; thence a new line South 78 degrees 09 minutes
49 seconds West 244.25 tee: to a point; thence North 12 degrees 15 minutes 55 seconds West
54.49 feet t an iron pipe set; thence South 77-+egrees 18 minutes 55 seconds Wes* 150.00 feet
to an iron 1=71)e set; thence South 12 degrees 15 minutes 55 seconds East 250.00 feet to an iron
pipe set in -':e northern right of svay of U.S. Highway 301; thence along the northern right of
way of U.S. Highway 301 South 77 degrees 18 minute 55 seconds West 144.55 feet to an existing
iron pipe, r..)int anti place o beginning, containing 4.739 acres, excluding all highway rights
of ways ant° being a part of that tract conveyed to A. G. Lee Oil Company, Inc., recorded in
Deed Book 902, Page 796. and also being all of Lot No. 2 and a portion of Lot No. 3 of the A.
G. Lee Oil Company SID. recorded in Plat Book 37, Page 183, according to Revised Plat dated
October 22. !992, prepared by Dennis R. Blackmon, RLS. This is the same prope-:y conveyed
in Deed BoA 1287, Page 198 of the Johnston County Registry.
Exception =.,-_:
Lying and !: ping in the City of Smithfie!d, Selm : Tov; nship, Johnston County, North Carolina
and being a ?art of that tract conveyed to A. G. Lee Oil Company, Inc.. of record in Deed Book
902, Page 796, of the Public Pecords o: Johnston County, NC ;more particularly cescribed as
follows: =
BEGINNP'; G at an iron pipe a new corner with A. G. Lee Oil Company, Inc.; said point is in
the northern right of way fine of U.S. Highway No. 301 (40 feet perpendicular to highway
centerline) and can be located by measuring North 77 degrees 18 minutes 55 seconds East
144.55 feet °rom an existing iron pipe near the top south edge of a concrete end wall over
Buffalo CrLAq being a common corner of James Paul Edwards, Jr. et al and A- G. Lee Oil
Company, : =c.; designated as point (A) shown on Plat recorded in Plat Book 2°, Page 167;
thence from the beginning point along new lines with A- G. Lee Oil Company, Inc., as follows:
North 12 de,,rees 15 minutes 5-55 seconds Wes : 250.00 feet to an iron pipe set; thence North 77
degrees 18 minutes 55 seconds East 150.00 feet to an iron pipe set; thence South 12 degrees 15

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
minutes 55 .ieconds East 2 0.00 feet to an iron pipe set on the northern right of way of U.S.
Highway N ;. 301; being located South 77 degrees 18 minutes 55 seconds West 122.=0 feet from
an existing concrete R/W marker; thence along said R/W line South 77 degrees lz minutes 55
seconds West 150.00 feet the beginning point and containing 37,499 square foot according to
a survey performed in April 1992 and Plat dated May 20, 1992 by Dennis R. Blackmon, a
North Carr.•'.ina Registered _and Surveyor No. 1373, said plat being recorded in Plat Book 37,
Page 183, ;,i the Johnston County Registry. This is the identical property conveyed in deed
dated August 13, 1992 from A. G. Tee Oil Company, Inc. to Wendy's International, Inc.,
recorded ir. Book 1272, Page 445 of the Johnston County Re-istr.

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
y41
kw
1 6- V %
LEGEND:
= SOIL SAMPLE
= MONITORING WELL LOCATION
0 30 60
APPROXIMATE SCALE IN FEET
�=K
niF.qFi
;AR * , S
fAS H
■ 1
Trr
A
eAGw flow to the west :
SS denotes soil sample (2 per borehole)
Three wells to 20 feet bgs A
One Type III well to 40 feet bgs
J
' W-1 I
REPLACED DIESEL
\L 9 PIPELINE O
PL-8
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�P L-7
MW-2 , Q
L-6 0i-t
NP L-5 - w
4PL-4 - 95 ft. �
85 ft .O _
LPL-3 J
• L-2 i
PP

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
PaQ."
Screening Report
Area of Interest (AOI) Information
Area: 1,042,474.09 ft2
Nov 14 2023 11:18:53 Eastern Standard Time

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
0 DryCleaning City DlreCtO ley
UST Incidents
Intermediate Risk
UST Active Facilities
County Boundary
,. 0I 0 03 08 rm
3 0.03 O.f}$ 6 y km
SCWT G:> -ee! Crmriunta 7Ian3 :01M¢ ln,c, x;nn.,nr O'v ,
'�k N v;^.. ',atit� M'. C �77Rn;neeta�ap SIcNt�'r, E•r: na1_.
GAIT ..n 5I1eyaPn [ea'ec�+�a�agts, �¢. %1---L „A. v=> Vlp
a yrses &r<a.. -14

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
DryCleaning City Directories
# Orycleaner
Address
Count
1 I Wiggs Laundry & Cleaners
Truck Lane, Smithfield,NC
1
UST Incidents
# I IncidentNumber
! IncidentName
� Circle K 2723119
- -
Count
1 481$0
UST Active Facilities
# FACILID
FACILNAME
Count
—
1 00-0-0000014050
i CIRCLE K 2723119
1

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
LUC
MONITORING WELL CONSTRUCTION DETAILS
FLUSH GRADE MANHOLE
CROSS SECTIONAL VIEW
(NOT TO SCALE)
PROTECTIVE CASING AND CONCRETE PAD
L1
f CASING MATERIAL
steel
CASING DIAMETER
8 inches
CASING LENGTH
12 inches
PAD DIMENSIONS
2 feet x 2 feet
HEIGHT ABOVE GROUND
flush mounted
;/,
-,
WELL CASING
MATERIAL
sch 40 PVC
DIAMETER
2 inches
,POINT TYPE
flush threaded
LENGTH
5 feet
L2
:%%
BACKFILL AROUND CASING
F:+
MATERIAL
cement grout
"=
THICKNESS
3 feet
SEAL
TYPE OF SEAL
bentonite
THICKNESS
1 feet
FILTER PACK
TYPE OF FILTER #2 silica sand
DISTANCE ABOVE SCREEN 1 feet
TOTAL FILTER PACK FOOTAGE 15 feet
WELL SCREEN
L3 SCREEN MATERIAL sch 40 PVC
DIAMETER 2 Inches
LENGTH 15 feet
SLOT SIZE 0.010 inches
DEPTH TO BOTTOM OF
WELL 20 feet
DEPTH TO BOTTOM OF
BOREHOLE 20 feet
L1 = 0 FT.
L2 = 5 FT. DIAMETER OF BOREHOLE 6 inches
L3 = 15 FT,
L4 = zo FT. DRILLING SUBCONTRACTOR: Carolina Soil Investigations
DRILLER ADDRESS: 132 Gumey Road Olin, NC 28660
DRILLER CERTIFICATION #: 2579
TITLE Well Information A'
Ar
A C
Circle K Store #2723119 Aff
1137 N. Brightleaf Blvd. 2725 East Millbrook Road, Suite 121
Smithfield, Johnston County Raleigh, North Carolina 27604
North Carolina
FILE PREP. BY REV. BY DATE
MJ I Mi 4/26/2023

DocuSign Envelope ID: 7E8A0845-C78C-49CE-9A65-704642C7AA70
L1
L2
L3
MONITORING WELL CONSTRUCTION DETAILS
FLUSH GRADE MANHOLE
CROSS SECTIONAL VIEW
(NOT TO SCALE)
Type III Well (outer casing to be set around 26 feet bgs)
LOCKABLE WELL CAP PROTECTIVE CASING AND CONCRETE PAD
CASING MATERIAL
steel
CASING DIAMETER
8 inches
_ CASING LENGTH
12 inches
PAD DIMENSIONS
2 feet x 2 feet
HEIGHT ABOVE GROUND
flush mounted
....
WELL CASING
MATERIAL
sch 40 PVC
DIAMETER
2 inches
JOINT TYPE
flush threaded
LENGTH
35 feet
BACKFILL AROUND CASING
MATERIAL
cement grout
THICKNESS
10 feet
SEAL
TYPE OF SEAL
bentonite
THICKNESS
10 feet
FILTER PACK
TYPE OF FILTER
#2 silica sand
DISTANCE ABOVE SCREEN
1 feet
TOTAL FILTER PACK FOOTAGE
15 feet
WELL SCREEN
SCREEN MATERIAL
sch 40 PVC
DIAMETER
2 inches
LENGTH
5 feet
SLOT SIZE
0.010 inches
DEPTH TO BOTTOM OF
_ WELL
40 feet
-- DEPTH TO BOTTOM OF
BOREHOLE
40 feet
L1 =
0
FT.
L2 =
35
FT.
L3 =
5
FT.
L4 =
40 _
FT.
DIAMETER OF BOREHOLE 6 inches
DRILLING SUBCONTRACTOR: Carolina Soil Investigations
DRILLER ADDRESS: 132 Gurney Road Olin, NC 28660
DRILLER CERTIFICATION #: 2579
TITLE Well Information /
AVAkT
Circle K Store #2723119 /
1137 N. Brightleaf Blvd. 2726 East Millbrook Road, Suite 121
Smithfield, Johnston County Raleigh, North Carolina 27604
North Carolina
FILE PREP. BY REV. BY DATE
MJ I MJ 4/26/2023