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HomeMy WebLinkAbout550007_LeaseAgreement_20240116BK 3240 PG 173 - 176 (4) DOC# 665651 This Document eRecorded: 04/06/2023 04:07:31 PM Fee: $26.00 DocType: M/LSE Tax: $0.00 Lincoln County, North Carolina Danny R. Hester, Register of Deeds MEMORANDUM OF LEASE PREPARED BY AND RETURN TO: Sustain RNG, LLC c/o James W. Wallace, Esq. 1447 South Tryon St. Ste, 301 Charlotte, NC 28203 STATE OF NORTH CAROLINA COUNTY OF LINCOLN This Memorandum of Lease is entered into this 31 st day of March, 2023, by and between Beam Landholding, LLC, a North Carolina limited liability company ("Lessor') and SRNG- Beam, LLC, a Delaware limited liability company ("Lessee'), pursuant to which Lessor has demised to Lessee, and Lessee has accepted such demise from Lessor pursuant to a Lease Agreement dated March 30, 2023 (the "Commencement Date"), as may be amended from time to time (the "Lease"). Leased Property: A portion of 3058 Johnstown Road, Cherryville, NC 28021, which is more particularly described on Exhibit A attached hereto and made a part hereof. 2. Initial Term: The initial term of the Lease, shall commence on the Commencement Date and shall expire fifteen (15) years after the Commercial Operation Date (as defined in the Lease), unless sooner terminated as set forth in the Lease. 3. Renewal terms: Two (2) additional periods of Five (5) years each. 4. Easements: Lessor grants Lessee certain easements on the Leased Property for access, construction, utilities, maintenance, repair, replacement, and other related uses, as are -more-fully-set forth in the -Lease. The purpose of this Memorandum of Lease is to give reebrd notice of the Lease and of the rights created thereby, all of which are hereby confirmed and alf terms of which are incorporated into this Memorandum of Lease by reference, including the defined terms of the Lease. submitted electronically by "The Deaton Law Firm, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Lincoln County Register of Deeds. BK 3240 PG 174 DOC# 665651 This Memorandum of Lease may be executed in any number of counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one instrument. IN WITNESS WHEREON, the parties have executed this Memorandum of Lease as of the date first above written. LESSOR: Beam Landholding, LLC ' �, Title:..� STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, the undersigned, a Notary Public of the State and County aforesaid, do hereby certify that —�a�j() P {3 , 9 V , the lyltotpu IMA v [insert title] of 4 hQ f L , CLL personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this day of l , 20C3 5,5`�44nnr1lurrr��q � i DER ea �-.� , O�-r, , Notary Public OTAR�'. (official signature of Notary) .+mz- AUB SIG (Notary's typed or printed name) (Offi'C�p�,,��`' My commission expires: rr rrr lll114141l14 [AFFIX NOTARY SEAL - NOTE THAT SEAL MUST BE FULLY LEGIBLE] BK 3240 PG 175 DOC# 665651 LESSEE: SRNG-Beam, LLC By• N Ge73­4n es W. IV a ace Ti ' e President STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I, the undersigned, a Notary Public of the State and County aforesaid, do hereby certify that James W. Wallace, the Vice President of SRNG-Beam, LLC personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this 30th day of March, 2023. Aak* A RANDEE S COHEN tary Public NOTARY PUBLIC (official signature of Notary) Mecklenburg County North Carolina My Commission Expires August 29, 2027 Ir- (Official Seal) Randee S. Cohen (Notary's typed or printed name) My commission expires:August 29, 2027 [AFFIX NOTARY SEAL - NOTE THAT SEAL MUST BE FULLY LEGIBLE] BK 3240 PG 176 DOC# 665651 EXHIBIT A The Project Site is located within a parcel of real property more particularly described in Deed Book 2379, Page 744 of the Lincoln County Register of Deeds and visually identified by the red dashed bordered area in the pictorial below. The Project Site location is centered at 35.4271301 North,-81,3771618 West. THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS.