NCG550657_owner (name change)_20231205

NORTH CAROLINA
Environmental Quality
NC DEVARTMENTOFE NVIRON%IENTALQUALITY
DIVISION OF WATER RESOURCES
VJAI ER QUAHIV P1RN1rrrl JG SECTION
NPDES PERMITTING
PERMIT NVUVKIQ�f TRSHIP CHAFIGIF' FORM
CURRZENT PERMIT INFORM, AT[ON:
Permit Number:
NCOa_/",/_/_
or NC65 , /_.!2/ L
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1. Facility Name:
T�­�
C L',
NEW OWNER/NAME INFORMATION:
1. This request for a name change is a result of:
_ALa. Change in ownership of property/company
b. Name change only
c. Other (please explain):
2._ New owner's name (name to be put on permit):
3. New owner's or signing official's name and title:
(Person legally responsi(bla for permit)
(Title)
4. Mailing address: '1 ,r �r�JOUi f City:
State: /I l Zip Code: Phone: (SS2
E-mail address: d/\�1,7'� j' cvrc� h C_
FACILITY AND DISCHARGE INFORMATION
1. Will the waste stream for the facility remain the same asunder the previous owner? Yes ❑'No ❑
2. Will the treatment system and discharge location remain the same? Yes ENo ❑
"No Responses"
If either or both of these questions are answered "No" then more information will be needed to review the
request. Please attach documentation to describe and explain the changes to the facility activities, waste
stream, treatment process or outfall location. The Division may not be able to process the Permit
Name/Ownership Change request and may require that the new owner file a new permit application.
NORT�C�O�LINA1)
North Carolina Department of Environmental Quality I Division of Water Quality
512 North Salisbury I I Raleiii Street 1617 Mail Service Center h, North Carolina 27699-1617
919.707.9000

NPC)ES lame and Ownership Change
Page 2 of 2
THIS APPLICATION PACKAGE WILL NOT ICE ACCEPTED FAY THE I:.> VISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED [BELOW ARE INCLUDED Vi1111, THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a property deed, articles of
incorporation, or sales agreement)
3. Information to document facility, waste stream, treatment system or OUtfall changes as noted in
item III above (if appropriate)
Applicant's Certification:
attest that this application for a
name/ownership change has been reviewed and is accurate and complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be returned as
incomplete. I understand that Permit Name/Ownership Change can only take place through action
taken by the Division of Water Resources and that no actions on my part or the part of my company
result in the automatic transfer of permit coverage.
Signature: Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Version 07/2021

OFFER TO PURCHASE AND AGREEMENT
THIS AGREEMENT made the Effective Date [as herein defined] between THE ORCHARD CHURCH, INC., a North
Carolina Non -Profit Corporation, 205 West Brook Drive, Waynesville, NC 28786 [hereinafter "Buyer"] and MAY
RENTALS OF CANTON, LLC., a North Carolina limited liability company, Post Office Box 1652, Clyde, NC 28721
[hereinafter "Seller"].
WHEREAS, Buyer desires to purchase and Seller desires to sell the Property hereinafter described.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained and other good and
valuable consideration, the receipt of which is hereby acknowledged,
IT IS AGREED as follows:
1) The Propertv. The Property that is the subject matter of this agreement ["the Property"] shall include the following:
a) Real Property. All of that certain Real Property, appurtenances, improvements, and fixtures located at 18769 Great
Smoky Mountain Expressway, Waynesville, NC 28786, bearing Haywood County PIN 7694-65-7119, and as
described in the deed recorded in Book 1068, page 334, Haywood County Registry. The following items, if any, are
deemed fixtures and are included in the Purchase Price of the Real Property free of liens — built-in appliances, light
fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related
hardware, window and door screens, storm windows, doors, awnings, antennas, satellite dishes,
burglar/fire/smoke/carbon monoxide/alarms, outdoor plants and trees, mailboxes, signage, wall and/or door mirrors,
landscape and/or foundation lighting, lawn irrigation systems and all related equipment, water softener/conditioner
and filter equipment and any other items attached or affixed to the Real Property.
b) Personal Property. All other non -fixture personal property located at, in or on the Real Property of any nature shall
be included in this transaction and are included in the Purchase Price of the Real Property free of liens.
2) Proposed Use. Buyer intends to utilize the Property for commercial purposes for offices.
3) Liabilities Assumed. Buyer assumes and shall assume no liabilities as part of this transaction.
4) Purchase Price. The Purchase Price of the Real Property shall be TWO HUNDRED EIGHTY THOUSAND DOLLARS
[$280,000.00].
a) $1,000.00 — "Earnest Money Deposit" shall be deposited in the regular general trust account of Clarence Dickson,
["Escrow Agent"] within Five [5] business days of the Effective Date to be held in escrow by Escrow Agent until
Closing, at which time it will be credited to Buyer, or until this Agreement is otherwise terminated. In the event - [1]
this offer is not accepted; or [2] a condition of this Agreement is not satisfied, then the Earnest Money Deposit shall
be refunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money Deposit shall be
refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for
such breach. In the event of breach of this Agreement by Buyer, the Earnest Money Deposit shall be paid to Seller
upon Seller's request as liquidated damages and as Seller's sole and exclusive remedy for such breach. In the
event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow,
Escrow Agent may retain the Earnest Money Deposit in the Escrow Agent's trust 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, Escrow Agent, as an attorney licensed to practice law in North Carolina,
may deposit the disputed monies with the Clerk of Superior Court in accordance with the provisions of N.C.G.S.
§93A-12.
b) $279,000.00 — The balance of the Purchase Price shall be paid at the Closing by collected funds, including official
bank check or wire transfer.
5) Investigation Period. Buyer shall have through 5:00 p.m. on Friday, September 30, 2022, to investigate the Property
[the "Investigation Period"] and to satisfy itself with respect to the condition of the Property, including but not limited to,
the environmental and physical condition of the Property, and the feasibility of future use of the Property. Buyer shall
have the right to investigate any and all aspects of the Property that it deems appropriate, in its sole and absolute
discretion, and Seller agrees to cooperate with Buyer in Buyer's review and inspection of the Property. During the
Investigation Period, Seller shall provide Buyer and Buyer's agents with access to the Property for the purposes of
conducting any and all tests that Buyer deems appropriate with respect to the Property. If for any reason Buyer, in its
sole discretion, determines during the Investigation Period that the Property is not acceptable for whatever reason, then
on the day following the last day of the Investigation Period [unless Buyer has notified Seller in writing that it has elected
to proceed with this transaction], the Agreement shall automatically terminate, the parties hereto shall be relieved of all
liabilities and obligations under the Agreement and the Initial Earnest Money Deposit shall promptly be delivered by
Escrow Agent to Buyer. In the event that any of the information or items due to be delivered to Buyer are not delivered
to Buyer by the time set forth in this Agreement, all subsequent deadlines set forth herein shall be extended for a period
of time equivalent to the period of Seller's delay in providing such information or items. In the event that Buyer has not

concluded its investigation of the Property by 5:00 p.m. on Friday, September 30, 2022, Buyer shall have the absolute
right to extend the Investigation Period until 5:00 p.m. on October 30, 2022 by giving notice to Seller by 5:00 p.m. on
Friday, September 30, 2022; and, in such event, all subsequent deadlines set forth herein shall be extended for a period
of time equivalent to the number of days that the Investigation Period is extended.
6) Effective Date. The Effective Date of this Agreement shall be the date upon which Buyer receives a fully executed copy
of this Agreement signed by Seller.
7) Settlement Date. Settlement will take place no later than Friday, October 7, 2022 [the "Settlement Date"], unless
otherwise agreed in writing, or as extended pursuant to the terms of Paragraph 5 herein, at a time and place designated
by Buyer.
8) Closing. Closing is the legal process that results in the transfer of title to the Property from Seller to Buyer. Closing
includes the following steps - [i] the Settlement, [ii] the completion of a satisfactory title update to the Property following
the Settlement; [iii] the settlement agent's receipt of authorization to disburse all necessary funds; and [iv] recordation
in the Office of the Haywood County Register of Deeds of the deed and any deed of trust and/or security instrument
applicable to the funding of this transaction, which shall take place as soon as reasonably possible for the settlement
agent after Settlement. Upon such recordation of the deed, deed of trust and security instruments, if any, Closing shall
be deemed completed and the proceeds of sale shall be disbursed by the settlement agent in accordance with the
settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should
reveal unexpected liens, encumbrances or other title defects, or if the settlement agent is not authorized to disburse all
necessary funds, then Closing shall be suspended and the Settlement deemed delayed under Paragraph 15 [Delay in
Settlement/Closing].
9) Terms and Conditions.
a) In the construction of this Agreement, time shall be of the essence.
b) The parties shall proceed with due diligence and reasonable promptness to comply with the terms of this
Agreement.
c) The Real Property [and Seller as pertains to the Real Property] shall not be in violation of any county, State or
Federal regulations or laws [including, but not limited to, those intended to protect from the leakage or spillage of
petroleum products and those intended to protect from erosion damage. In the event that there exists any violation
of county, State or Federal regulations or laws [and Buyer elects to close], Seller shall correct any such violation
prior to Closing.
d) There shall be no petroleum storage tanks or facilities on the Real Property. In the event that there exists any
petroleum storage tank or facility on the Property, Seller shall remove such petroleum storage tank or facility prior
to Closing.
e) There is no subsurface or concealed condition that would prevent or diminish Buyer's full use of the Real Property
or any portion thereof for the Proposed Use.
f) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable
use of the Real Property for the Proposed Use.
g) There must be no rights of way or easements upon the Real Property except as may be otherwise described in this
Agreement.
h) Seller shall maintain the Property [pending Closing] in its current state.
i) There shall be no special assessments, either pending or confirmed, for private or governmental improvements on
or adjoining the Property.
j) On or before Five [5] days after the Effective Date, Seller shall deliver to Buyer all surveys, studies [land,
topographic, soil, feasibility and such] and all title information in possession of Seller, available to Seller, or to which
Seller is entitled [including, but not limited to title insurance commitments or policies, attorney's opinions on title,
covenants, deeds, notes and deeds of trust, abstracts or chains of title] or releases necessary to obtain same from
third parties. Seller authorizes [i] 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 [ii]
the Real Property's title insurer or its agent to release and disclose all materials in the Real Property's title insurer's
for title insurer's agent's] file to Buyer and both Buyer's and Seller's agents and attorneys.
k) Prior to Closing, Buyer shall have the right to go upon the Real Property for the purpose of completing any actions
that Buyer may deem necessary to determine the compliance of the Property with the terms and conditions of this
agreement or to determine whether the Property meets Buyer's needs.
1) Seller warrants that Seller's use and occupancy of the Property has been in compliance with all applicable federal,
state, local or other governmental laws or ordinances, the non-compliance with which, or the violation of which,
might have a material adverse affect on the Property and Seller has received no claim or notice of violation with
respect thereto.

m) In the event that any conditions of this Agreement are not met, Buyer in its sole discretion shall have the option of
[i] accepting the Property in its then present condition [or in the condition existing after the completion of Seller's
corrective action] or [ii] terminating this Agreement.
n) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied
by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall
remain obligated to obtain any such cancellations following Closing.
o) There shall be no damage to the Property by fire or other casualty prior to closing. The risk of loss or damage by
fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Real Property are destroyed
or materially damaged prior to Closing, Buyer may terminate this Agreement by written notice delivered to Seller or
Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event
Buyer does not elect to terminate this Agreement, Buyer shall be entitled to receive, in addition to the Property, any
of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being
purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of
the deed.
p) Buyer must be able to obtain sufficient water, sewer, electrical, telephone and cable television service to support
the Proposed Use.
q) The representations and warranties of Seller contained herein and the information and any other documents
delivered by Seller in connection with this Agreement shall be true and correct in all material respects at Closing;
and Seller shall have performed all obligations and complied with all agreements, undertakings, covenants and
conditions required by this Agreement to be performed or complied with by it or prior to Closing.
r) Seller shall furnish at Settlement an affidavit and indemnification agreement in form satisfactory to Buyer and
Buyer's title insurer executed by Seller and any person or entity who has performed or furnished labor, services,
materials or rental equipment as described in N.C.G.S. §44A-8 to the Real Property within 120 days prior to the
date of Settlement verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer,
Buyer's lender[s] and Buyer's title insurer against all loss from any cause or claim arising therefrom.
s) Pending Closing, Seller shall maintain and preserve the Property in its current condition and in a comparable
manner to the manner in which it has been maintained before the acceptance of this Agreement and shall maintain
the Property in accordance with all local, state, federal and other laws and regulations so as to preserve the
condition of the Property in its current condition.
t) All conditions set forth in this Agreement shall and must be satisfied at or prior to Closing.
10) Title and Legal Access. Seller shall execute and deliver to Buyer a General Warranty Deed for the Real Property and
a bill of sale for the Personal Property at Settlement unless otherwise stated herein, which shall convey fee simple
marketable and insurable title, free of all encumbrances except - ad valorem taxes for the current year [prorated through
the date of Settlement]; utility easements and un-violated restrictive covenants that do not materially affect the value of
the Real Property; and such other encumbrances as may be assumed or specifically approved by Buyer in writing. The
Real Property must have legal access to a public right of way.
11) Deed and Excise Taxes. Seller shall pay for preparation of a deed and all other documents necessary to perform
Seller's obligations under this Agreement, and for state and county excise taxes required by law. The deed is to be
made to Buyer or Buyer's nominee.
12) Payment of Confirmed Special Assessments. Seller shall pay at or before Closing all confirmed Special
Assessments, if any, provided that the amount thereof can be reasonably determined or estimated.
13) Late Listing Penalties. All property tax late listing penalties, if any, shall be paid by Seller at or before Closing.
14) Prorations and Adjustments. The ad valorem taxes on the Property shall be prorated on a calendar year basis and
shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement.
15) Delay in Settlement/Closing. Absent agreement to the contrary in this Agreement or any subsequent modification
thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and
is acting in good faith and with reasonable diligence to proceed to Settlement ["Delaying Party"], and if the other party
is ready, willing and able to complete Settlement on the Settlement Date ["Non -Delaying Party"] then the Delaying Party
shall give as much notice as possible to the Non -Delaying Party and settlement agent and shall be entitled to a delay
in Settlement. If the parties fail to complete Settlement and Closing within fourteen [14] days of the Settlement Date, or
to further extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -
Delaying Party may terminate this Agreement and shall be entitled to enforce any remedies available to such party
under this Agreement for the breach.

16) Possession. Possession of the Property shall be delivered upon Closing.
17) Parties. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective
heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the
feminine and neuter genders, as appropriate.
18) Survival. If any provision herein contained which by its nature and effect is required to be observed, kept or performed
after Closing, it shall survive Closing and remain binding upon and for the benefit of the parties hereto until fully
observed, kept or performed.
19) Entire Agreement. This Agreement contains the entire agreement of the parties and there are no representations,
inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be
in writing and signed by all parties.
20) Notice. Any notice or communication to be given to a party herein may be given to the party or to such party's agent
and may be delivered in person, by email, by fax transmission, courier service or by mail as follows:
a) Buyer
David Blevins
Email - [e-mail]
Address - 205 West Brook Drive, Waynesville, NC 28786
b) Seller
Christopher May - Manager
Email -
Address - Post Office Box 1652, Clyde, NC 28721
BUYER:
THE ORCHARD CH RCH, INC.
Date -
By: S ephen Buys - P esident
SELLER:
MAY RENTI ALSO
Date- <�,�0 r'�?,-G2-1--
By: CV-istlbphb 7VIay - Manager