SW5240602_Property Deed_20241007

DocuSign Envelope ID:534C3174-0C6B-4A46-9D71-9F33C78EDE9C
Addendum to FR/O form Part A, Item 9: Landowner of Record Letter of Consent
Sidney Griffin, Cynthia Griffin Wyatt, Stephanie Griffin Acosta
Landowner of Record Name:
288500801629
Property Tax ID#/PIN:
5870 Taylors Gin Road
Property Address Line 1:
na
Property Address Line 2:
Castalia, NC 27816
City/State/Zip Code:
Applicant submitting plan - must match the financially responsible party named in Part B
Blue Ridge Power, LLC
Section 1 of the Financial Responsibility/Ownership (FR/O) Form:
Tal Ingram (VP Project Execution)
Statement of Landowner Consent: In accordance with NCGS 113A-54.1(a), I hereby declare
that I am the owner or legally authorized representative of the owner of the property described
above and provide my consent for the applicant cited above and in Part B of the FR/0 form to
submit a draft erosion control plan to the State of North Carolina and to conduct the planned
land-disturbing activities on the property listed above and in Part A of the FR/O form.
John Robert Sherwin Assoc. Business Dev. Mngr
Type or Print Name Title or Authority
,-D/IocuSigned by:
,)OU,ln, �D1c,rl S tln, 4/30/2024
"-E970D8E13851454...
Signature Date
[e-mail] 321-243-9031
Email Telephone

DocuSign Envelope ID: 8021 AC19-27FB-4406-9827-6E5C8853E219
V1
GROUND LEASE AGREEMENT
BASIC LEASE TERMS SUMMARY
Effective Date The date that this Lease has been fully executed by both Landlord
and Tenant as reflected on the signature page(s).
Landlord Sidney Ruffin Griffins and C �j,� Le c, riff-
and Mcw i c, H iri Wi n b_4 oc ne_y Piu- i n tin •
Trustee of the David H. Griffin, Jr. Revocable Trust Dated May 23,
2013
------- ---------------
Tenant Gideon Solar, LLC, a North Carolina limited liability company. _
Land 200.50 acres,plus or minus of the real property located in Castalia
Township, Nash County(the"County"), North Carolina_, Tax ID
Number 2885008011629, as approximately depicted on Exhibit A
attached hereto. ( O' / .$ La.// o j 744.__1,
Initial Diligence Period 365 days.
(Section 3)
Initial Diligence Period Fee 111111111111ViThe firs d iligence period of 365 days-
(Section 3)
Extended Diligence Period An additional 365 days after the expiration of the Initial Diligence
(Section 3) Period.
Extended Diligence Period .for a second due diligence period of 365 days.
Fee (Section 3)
Initial Term 360 calendar months.
(Section 4)
Renewal Terms Three(3) successive renewal terms of five(5) years each.
(Section 4)
Rent 1111.110per Acre (prorated for any fractional Acre)per year,
(Section 7) subject to the terms of Section 2.
Rent Escalation Percentage (Beginning on the lt'anniversary of the rent
(Section 7) payment date).
Intended Use The construction and operation of a solar photovoltaic power array Y�
(Section 11) (the"System") for the generation and distribution of electric power.

DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
Landlord's Notice Address _ , Trustee
(Section 19) David H. Griffin, Jr. Revocable Trust
Dated May 23, 2013
220 Timber Ridge Lane
Coppell, Texas 75019
Phone: 97Q-4l6` 730Q
Email:
Sidney Ruffm Grffm
3 .3 n c-�o►n b e 1RJ
/qq5&ir `I e A C. a78'5(D
Phone: -4-I 59-gh,
Email:
and
C nh►� G c tf-
5 Lt7 J3 eec h ri e. `Rc„
Ific le�chA'c, _6,E8
Phone: 9/9-78Q--9 673
Email
Tenant's Notice do Cypress Creek Renewables, LLC
Address 3250 Ocean Park Blvd, Suite 355
(Section 19) Santa Monica, CA 90405
Attn: Asset Management Department
Phone: [phone]
Email: [e-mail]
with a copy to:
c/o Cypress Creek Renewables, LLC
3250 Ocean Park Blvd, Suite 355
Santa Monica, CA 90405
Attn: Greg Greenman, Director of Asset Management
Phone: [phone]
Email: [e-mail]
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DocuSign Envelope ID: 8021 AC19-27FB-4406-9827-6E5C8853E219
GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT (this "Lease") is made and entered into by and
between Landlord and Tenant, effective as of the Effective Date.
NOW THEREFORE, in consideration of the amounts to be paid to Landlord by Tenant
and the other mutual covenants promises and covenants set forth herein,the receipt and sufficiency
of which is hereby conclusively established, Landlord and Tenant hereby agree as follows:
1. Basic Lease Terms Summary. References in the body of this Lease to a portion
of the Basic Lease Terms Summary (e.g., the defined terms in the left-hand column of the Basic
Lease Terms Summary)shall be deemed and construed to incorporate all the terms provided under
each such referenced portion of the Basic Lease Terms Summary. References in the Basic Lease
Terms Summary to a portion of the body of this Lease (e.g., Section references in the left-hand
column of the Basic Lease Terms Summary) shall be deemed and construed to incorporate all the
terms provided under each such referenced portion of the body of the Lease. Notwithstanding
anything set forth above, if there is any inconsistency between the Basic Lease Terms Summary
and another portion of this Lease, the terms of the Basic Lease Terms Summary shall control.
2. Leased Premises.
(a) Landlord hereby agrees to lease the Premises (as defined in Section 2(b)
below)to Tenant, and Tenant hereby agrees to lease the Premises from Landlord, upon the terms
and subject to the conditions set forth herein.
(b) The "Premises" as used herein shall be an area comprised of all or part of
the Land(such area to be determined in accordance with this Section 2),together with all personal
property, improvements and fixtures located on the Land and all other appurtenances, tenements,
hereditaments, rights and easements pertaining to the Land. Landlord acknowledges and agrees
that the exact size, shape and location of the area of the Land that will comprise the Premises (the
"Lease Boundary Line") has not yet been determined, and any maps or depictions which Tenant
has shown or will show to Landlord(including, without limitation, Exhibit A attached hereto)are
approximations only and are subject to change. During the Diligence Period(as defined in Section
3(b)below), Tenant shall assess the Land to determine the most suitable location for the System,
and Tenant shall establish the final Lease Boundary Line in accordance with Section 2(c) below.
Until the final Lease Boundary Line is established, any reference to the Premises herein shall be
deemed to include the entirety of the Land.
(c) Within thirty (30) days following the Construction Commencement Date
(as defined in Section 4(a) below), Tenant shall obtain and deliver to Landlord an ALTA survey
(the "Survey"), which shall set forth and conclusively establish (1) the metes and bounds legal
description of the Lease Boundary Line, and (2) the net acreage (the "Acreage", and each such
acre, an"Acre")of the Premises, being the total Acreage located within the Lease Boundary Line.
The parties agree that (A) the Lease Boundary Line and Acreage set forth in the Survey shall be
incorporated into this Lease as if fully set forth herein without amendment to this Lease, and (B)
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DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
the Acreage set forth in the Survey shall be the Acreage used for purposes of computing Rent.
Landlord acknowledges and agrees that that the final Acreage of the Premises as established by
the Survey may be less than the approximate acreage of the Land set forth in the Basic Lease
Terms Summary, which would have the effect of reducing the Rent payable under this Lease. If
requested by Tenant, Landlord shall provide written consent to the foregoing or an amendment to
this Lease expressly incorporating the Survey into this Lease as provided in this Section 2(c).
3. Diligence Period.
(a) The Initial Diligence Period shall commence on the Effective Date. Within
thirty(30) days after the Effective Date, Tenant shall pay to Landlord the Initial Diligence Period
Fee. Landlord and Tenant acknowledge and agree that the Initial Diligence Period Fee (and the
Extended Diligence Period Fee, if applicable) have been bargained for and agreed to as
consideration for the Diligence Period (as defined below), Tenant's right to terminate this Lease
pursuant to Section 3(f), and for Landlord's execution and delivery of this Lease. Such
consideration is in addition to and independent of all other consideration provided in this Lease,
and is nonrefundable in all events.
(b) Tenant may elect to extend the Initial Diligence Period by the Extended
Diligence Period by providing written notice to Landlord prior to the expiration of the Initial
Diligence Period, and paying to Landlord the Extended Diligence Period Fee within thirty (30)
days after the expiration of the Initial Diligence Period. If Tenant does not elect to exercise the
Extended Diligence Period, the Extended Diligence Period Fee shall not be payable to Landlord.
If Tenant has exercised the Extended Diligence Period and the Rent Commencement Date (as
defined in Section 6(a))occurs prior to the end of the Extended Diligence Period, any unamortized
portion of the Extended Diligence Period Fee shall be applied against the initial Rent payment.
The Initial Diligence Period and the Extended Diligence Period, if exercised, shall be collectively
referred to as the"Diligence Period".
(c) During the Diligence Period, Tenant (and its agents, representatives,
consultants and affiliates) shall be permitted access to the Premises at reasonable times and upon
reasonable notice to Landlord, for purposes of conducting (at Tenant's expense) any and all
investigations or testing of the Premises as Tenant may deem necessary, appropriate or convenient,
including without limitation, the surveying or investigation of environmental, soils, biological,
cultural, historical, boundary or geotechnical matters. Tenant is hereby authorized to undertake
direct discussions and/or negotiations with any governmental entity or other agency, body or
organization that has jurisdiction over the Premises(including,without limitation, any city, county
state or federal agency) in regards to the Premises and the Intended Use.
(d) Landlord shall provide to Tenant any of the following in Landlord's
possession or control,within five(5) days following the Effective Date: (1)any notice of violation
of any law or regulation, including zoning laws applicable to the Premises, (2) any "Phase I" and
other environmental assessment reports regarding the Premises, (3)Landlord's most recent survey
and title insurance policy relating to the Premises, (4) any governmental permits, licenses or
approvals for the Premises, (5)tax bills, contracts and agreements relating to the Premises, and(6)
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DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
any other surveys, physical condition reports, notices regarding zoning or government action with
respect to the Premises.
(e) Landlord acknowledges that Tenant may obtain, at Tenant's expense, a title
insurance policy insuring Tenant's leasehold interest in the Premises. Landlord agrees to
reasonably assist Tenant in obtaining such title policy by supplying any information reasonably
requested by the title insurance company in connection with issuing such title policy.
(f) During the Diligence Period, Tenant may terminate the Lease, for any
reason or no reason, exercisable upon written notice from Tenant to Landlord of its election to
terminate delivered on or before the expiration of the Diligence Period (as may be extended
pursuant to Section 3(b) above), in which event Landlord and Tenant shall have no further rights
or obligations under this Lease except as otherwise expressly provided in this Lease.
4. Lease Term.
(a) The Initial Term shall commence on the date that Tenant begins
construction of the System on the Premises as confirmed by written notice from Tenant to Landlord
(the"Construction Commencement Date") and shall continue for the entire Initial Term unless
modified or earlier terminated pursuant to the terms hereof. If the Initial Term does not commence
on the first day of a month, then the Initial Term shall not end until the last day of the last month
of the Initial Term.
(b) Tenant shall have the option to extend the Initial Term for the Renewal
Terms by providing Landlord with written notice no later than sixty (60) days prior to the
expiration of the Initial Term (or the preceding Renewal Term, as applicable). If Tenant fails to
timely give such notice, Tenant's right to exercise such Renewal Term shall nevertheless continue
until thirty (30) days after Landlord has given Tenant notice of Tenant's failure to exercise such
Renewal Term (in which event Tenant may exercise such Renewal Term at any time until the
expiration of such thirty(30)day period). The parties intend to avoid forfeiture of Tenant's rights
to extend the term of this Lease under any of the Renewal Terms because of Tenant's inadvertent
failure to give timely notice. The Renewal Terms shall be subject to all the terms and provisions
of this Lease. The Initial Term and any Renewal Terms, if exercised, shall be collectively referred
to as the"Term".
5. Termination of Lease.
(a) Tenant shall have the right to terminate this Lease as to all or any part of the
Premises as follows: (i) as of the last day of the one hundred eighty sixth (186th) month of the
Initial Term(the"Interim Termination Deadline"), exercisable upon written notice to Landlord
given prior to the Interim Termination Deadline, (ii) pursuant to the failure of any condition
described in Section 5(b)below, or(iii) after the expiration of the Diligence Period but prior to the
construction and commercial operation of the System, upon Tenant's determination that it would
not be commercially reasonable to proceed with the construction and operation of the System;
provided, that if Tenant so terminates pursuant to this clause (iii) after the occurrence of the Rent
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DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
Commencement Date, then such termination shall be effective as of the date that Tenant pays to
Landlord a termination fee equal to the unpaid balance of the total Rent that would otherwise be
due for the first twelve months following the Rent Commencement Date. If this Lease is
terminated as to only a portion of the Premises,this Lease shall remain in effect as to the remainder
of the Premises.
(b) Tenant's obligation to pay Rent and continue this Lease is at all times
expressly subject to satisfaction of each of the following conditions: (i) Tenant's obtaining and
maintaining all necessary or required approvals from state, federal and local authorities, (ii)
Tenant's obtaining and maintaining any agreement that is necessary for the operation of the System
and the sale and delivery of the electricity generated by it, including without limitation an
interconnection agreement and power purchase agreement with the applicable utility company,
and (iii) Tenant's ability to continuously operate the System and utilize the Premises for the
Intended Use. If any of the foregoing conditions are not satisfied at any time following the
Effective Date, Tenant shall have the right to terminate this Lease upon written notice to Landlord.
6. Rent Commencement.
(a) Tenant's obligation to pay Rent shall commence on the earlier of: (i) the
expiration of the Diligence Period (as may be extended pursuant to Section 3(b) above) or(ii)the
Construction Commencement Date(the earlier of such dates, the"Rent Commencement Date").
For the avoidance of doubt, the Construction Commencement Date shall not be deemed to have
occurred as a result of(and the Rent Commencement Date shall not be triggered by): (1) Tenant's
due diligence activities on the Premises (including, without limitation, any surveying, soil or
environmental testing or similar work)or(2) any work performed by or on behalf of the servicing
utility company. Upon the occurrence of the Rent Commencement Date, Tenant shall send a
written notice to Landlord confirming the occurrence of the Rent Commencement Date.
(b) Landlord shall furnish Tenant with a signed, completed form W-9 within
twenty (20)business days following the Effective Date and thereafter within ten (10) days of any
event causing a change in any of the information set forth in the previously-delivered W-9,
including any transfer or assignment of the Landlord's interest in the Lease. Tenant shall be entitled
to delay delivery of Rent or any other payment due under this Lease, including the Initial Diligence
Period Fee, until it receives such W-9.
7. Rent; Payment Schedule; Rent Escalation.
(a) Rent shall be payable in advance in semi-annual installments due on each
January 15 and July 15 during the Term (each, a"Rent Payment Date"); provided, that the first
installment of Rent shall be due on the Rent Commencement Date and shall be prorated, on a daily
basis, for the period between the Rent Commencement Date and the first Rent Payment Date. If
Tenant elects to terminate this Lease prior to the Rent Commencement Date in accordance with
the terms of this Lease, no Rent shall be due or payable.
717 rf (/570
(h) Beginning on the-fifth(5th) anniversary"� e first Rent Payment Date, and
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DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
for each anniversary thereafter,the annual Rent shall increase over the annual Rent payable for the
immediately preceding year by the Rent Escalation Percentage.
(c) If any overdue installment of rent is not received by Landlord within ten
(10) days after Landlord provides Tenant written notice of the delinquency, Tenant will pay a late
fee to Landlord in the amount of five percent (5%) of the unpaid delinquent rent amount, and
Tenant shall pay interest of 1.5%per month on the unpaid balance due from the date of Landlord's
notice until the principle and the interest is paid in full_
(d) If the Rent Commencement Date occurs prior to the establishment of the
Lease Boundary Line pursuant to Section 2 above, then the Rent payable on and after the Rent
Commencement Date until the date that the Lease Boundary Line is established (such period, the
"Interim Rent Period") shall be computed based on the approximate acreage of the Land set forth
in the Basic Lease Terms Summary above. Once the Lease Boundary Line is established,the Rent
payable on and after such date shall be computed based on the final Acreage set forth in the Survey
(and the Rent shall be increased or decreased accordingly). If the Rent is increased as a result of
an increase in the final Acreage as set forth in the Survey, Tenant shall make a one-time payment
to Landlord on the next Rent Payment Date equal to the difference between(i)the amount of Rent
which would have been payable during the Interim Rent Period if computed based on the final
Acreage set forth in the Survey, minus (ii) the amount of Rent actually paid during the Interim
Rent Period. If the Rent is decreased as a result of a decrease in the final Acreage as set forth in
the Survey, Tenant shall deduct from the next Rent payment owing to Landlord an amount equal
to the difference between (i) the amount of Rent actually paid during the Interim Rent Period,
minus(ii) the amount of Rent which would have been payable during the Interim Rent Period if
computed based on the final Acreage set forth in the Survey.
(e) For purposes of clarification only, Tenant and Landlord acknowledge and
agree that Rent shall be determined in accordance with this Section 7 during the entire Term of the
Lease, including any Renewal Term.
8. Utilities; Maintenance. During the Term, (a) Tenant shall arrange and pay for all
public utility services used on the Premises by Tenant, and (b) Tenant shall be responsible for the
repair and maintenance of the entire Premises, including any portion of the Premises located
outside of the proposed fenced area.
9. Crops. Prior to the Rent Commencement Date, Landlord may plant farm crops or
enter into a lease for the planting of farm crops on the Premises (so long as any such lease does
not have a term longer than one(1)year);provided,that Landlord shall provide Tenant with written
notice thereof prior to the planting of such crops, or commencement of planting activities such as
fertilizing, or execution of any such farm lease, which notice shall include the estimated date(s)
for planting and harvesting such crops. Following receipt of such notice, Tenant may, in Tenant's
sole discretion, elect to (i) delay the Rent Commencement Date until the earlier of the date that
any crops actually planted on the Premises are harvested or one year following the date of such
notice, or (ii) commence construction of the System and pay the owner of any crops actually
planted an amount equal to the fair market value of the portion of any crop or agricultural input
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DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
such as herbicides or fertilizer that cannot reasonably be harvested and sold solely as a result of
the construction of the System. Even if farm crops are planted on the Premises prior to the Rent
Commencement Date,Tenant shall nevertheless have the right to enter onto the Premises to extract
soil samples, perform geotechnical tests, and conduct such other tests, studies, inspections and
analyses on the Premises as Tenant deems necessary, useful or appropriate.
10. Tenant's Property.
(a) The System and its constituent parts, together with any and all
improvements or other features constructed on, or personal property installed or placed on the
Premises by or for Tenant, including without limitation, machinery, fixtures, trade fixtures,
equipment, racking, inverters, cables, solar panels and other personal property (collectively,
"Tenant's Property") are personal property within the meaning of Article 9 of the UCC (as
defined in Section 44 below) regardless of the manner of attachment to the Premises. Tenant's
Property is and shall at all times during the Term be deemed to be the property of Tenant (subject
to any Transfer in accordance with Section 26(a)), to be removed at Tenant's expense upon the
expiration or earlier termination of the Term in accordance with Section 13. The creation,
attachment and perfection of security interests in Tenant's Property shall be governed exclusively
by Article 9 of the UCC. For the avoidance of doubt and without limiting the foregoing. Landlord
hereby waives all rights to distraint, possession or landlord's lien against Tenant's Property, if any,
and shall not cause the creation of, or attachment to, Tenant's Property of any liens (including
mechanics' and judgment liens) or other encumbrances. For the avoidance of doubt, Landlord is
not responsible for payment of any Taxes assessed on Tenant's Property.
(b) The parties hereto acknowledge that the Premises consist of land only and
do not include Tenant's Property. Any claim to a lien or encumbrance upon the Premises, arising
from any act or omission of Landlord, shall accrue only against the real estate owned by Landlord,
and not against Tenant's Property, and shall be subject to this Lease. If any such lien or
encumbrance shall be filed against Tenant's Property as a result of Landlord's actions, Landlord
shall,without cost or expense to Tenant, promptly and within a reasonable time cause such lien or
encumbrance to be discharged of record by payment, statutory lien release bond, court order or
otherwise as provided by law. Landlord shall not permit any sale, foreclosure or forfeiture of the
Premises by reason of nonpayment of a lien caused by Landlord or anyone claiming by or through
Landlord. Landlord shall immediately notify Tenant of, and send Tenant a copy of, any notice
Landlord receives claiming that Landlord is late or in default regarding any obligation Landlord
has to pay money to any lender or third party holding a mortgage or other lien affecting the
Premises.
11. Use and Occupancy. Tenant shall use the Premises for the Intended Use
(including all lawful uses that are incidental to, or not inconsistent with the Intended Use) and/or
any other lawful use.
12. Alterations and Construction Rights. Tenant may, at its expense and without the
consent of Landlord, remove and/or alter any existing improvements on the Premises, and make
any alterations, additions, improvements and changes to the Premises that Tenant deems
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DocuSign Envelope ID: 8021 AC19-27FB-4406-9827-6E5C8853E219
reasonably necessary in the operation of its business and the Intended Use, including, without
limitation, installation of the System, fencing, security devices and/or signage, and excavating,
grading, leveling or otherwise modifying the Land; provided, that such alterations, additions,
improvements and changes are made in compliance with applicable laws. Landlord shall sign and
deliver all applications and other documents,and shall take all such other actions,as are reasonably
requested by Tenant in connection with obtaining any re-zonings, variances or other approvals as
Tenant shall deem necessary or desirable in connection with the operation of the Premises.
13. End of Term. Upon the expiration or earlier termination of the Term, Tenant shall
remove Tenant's Property and vacate the Premises. The removal of Tenant's Property shall be
completed in a manner that does not unreasonably and adversely affect the suitability of the
Premises for farming purposes, and Tenant shall leave the Premises free of any conditions created
by Tenant which present a current unreasonable risk of harm to Landlord or members of the public.
For the avoidance of doubt, Tenant shall have no obligation to restore any improvements
demolished and removed from the Premises as permitted under Section 12 and shall not be required
to replant any trees or farm crops removed in connection with the construction of the System. If
Tenant fails to vacate the Premises in accordance with this Section 13, Landlord shall be entitled
to holdover rent in the amount equal tc4 , for the
final year of the Term, prorated on a daily basis, for each day that Tenant fails to so vacate the
Premises. Any such holdover shall be construed as a tenancy from month-to-month.
14. Taxes.
(a) During the Term, Tenant shall pay Tenant's Portion (calculated in
accordance with this Section 14(a)) of the Tax Bill, applicable to each tax year or part thereof
which falls within the Term. Landlord shall provide Tenant with copies of all invoices, bills and
notices (collectively, "Tax Bills") regarding all real estate and ad valorem taxes and assessments
imposed or levied on the Premises by any applicable government taxing authority(each, a"Tax",
and collectively, "Taxes"), within thirty (30) days of Landlord's receipt of any such Tax Bill.
Tenant shall remit payment directly to the taxing authority for any Tax Bill that Tenant receives;
provided, that if the Premises are comprised of less than 100% of a larger tax parcel ("Larger
Parcel"), Tenant shall pay the portion of the Tax Bill allocable to the Premises (such portion,
"Tenant's Portion"), which portion shall bear the same relationship to the total Tax Bill as the
Premises bears to the Larger Parcel. Once the Lease Boundary Line is established,the parties shall
confirm Tenant's Portion in a written confirmation. Without limiting the foregoing, Tenant shall
have the right, but not the obligation, at any time during the Term to pay the entire Tax Bill on
Landlord's behalf and deduct any amounts not attributable to Tenant's Portion from future
installment payments of Rent.
(b) Without limiting Section 14(a), if Tenant's use ofthe Premises results in the
revocation of a classification of the Premises as "agricultural land", "forestry land" or similar
classification, thereby triggering liability for"rollback" taxes, Tenant shall pay Tenant's Portion
of such rollback tax liability, together with any related interest or penalties, other than interest
and/or penalties arising from Landlord's failure to timely provide Tenant with a copy of such Tax
Bill.
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DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
(c) Upon Tenant's reasonable request, Landlord shall take such reasonable
actions and do such things as necessary or desirable to facilitate any action by Tenant to contest
any Tax Bill or the assessed value of the property on which they are levied, or to otherwise seek
the abatement of Taxes applicable to the Premises, or to seek the separate assessment of the
Premises as a distinct tax parcel if the Premises are included within a Larger Parcel. Tenant shall
have the right, but not the obligation to pursue any such action.
(d) Notwithstanding anything contained in this Lease, (1) Tenant shall not be
under any obligation to pay any part of any franchise, excise, estate, inheritance, income or similar
tax which is or may become payable by Landlord or which may be imposed against Landlord or
against the Rent payable under this Lease or upon the income or profits of Landlord by reason of
any law now in force or later enacted, and (2) in the event the Premises are re-assessed for tax
purposes because of transfer of ownership of the Land during the Term of this Lease, Tenant shall
not be responsible for payment of any increase in taxes, charges and assessments attributable to
such re-assessment, which increase shall be the sole responsibility of Landlord.
15. Fire or Other Casualty. If during the Term, all or part of the Premises or Tenant's
Property are damaged by fire, wind, flood, earthquake or other casualty, with the result that, in
Tenant's sole discretion, it would not be commercially or economically reasonable or desirable to
repair and restore the Premises and/or Tenant's Property, as applicable,then Tenant may terminate
this Lease by providing Landlord with written notice of the same and vacating the Premises in
compliance with Section 13 hereof. Tenant, or its successor in interest, shall be entitled to 100%
of any proceeds from casualty insurance policies maintained by Tenant.
16. Condemnation.
(a) If all or part of the Premises and/or Tenant's Property shall be subject to
condemnation, the exercise of the power of eminent domain, or other governmental taking (the
foregoing, collectively, a"Taking")with the result that,in Tenant's sole discretion,the unaffected
portion of the Premises is insufficient or otherwise unsuitable for Tenant's continued use of the
Property for the Intended Use or such other use as existed at the time of the Taking (a "Total
Taking"),then Tenant may terminate this Lease by providing Landlord with written notice of the
Total Taking, the Lease shall terminate effective as of the date set forth in such notice, and Tenant
shall vacate the Premises in accordance with Section 13.
(b) If all or part of the Premises and/or Tenant's Property shall be subject to a
Taking that, in Tenant's sole determination, does not constitute a Total Taking (a "Partial
Taking") then (i) concurrently with such Taking this Lease shall terminate with respect to the
affected portion of the Premises, which Tenant shall vacate in accordance with Section 13, (ii)this
Lease shall continue in full force and effect with respect to the unaffected portion of the Premises
and(iii)the Acreage shall be reduced for each Acre(or portion thereof) subject to the Taking, and
the Rent shall be reduced accordingly_ For purposes of clarification only, Tenant shall be entitled
to remove Tenant's Property from any portion of the Premises that is subject to a Taking.
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(c) Tenant shall have the right but not the obligation to participate in any
proceedings with respect to a Taking; in such event Landlord shall cooperate with Tenant to
facilitate such participation. Neither Landlord nor Tenant shall enter voluntarily into any binding
agreement or settlement related to a Taking without the prior consent of the other party, which
consent shall not be unreasonably withheld, conditioned or delayed.
(d) The proceeds of any Taking shall be apportioned as between Landlord and
Tenant as follows: Landlord shall receive an amount equal to the fair market value of the Land
subject to the Taking and calculated with reference to the value of the Land for agricultural use,
but not the improvements constructed or placed by Tenant thereon, and Tenant shall receive such
amounts as are necessary to compensate Tenant for the loss of use of the Premises so Taken,
including any improvements constructed or placed by Tenant on the Land, and the loss or
interruption of Tenant's business and the cost of any restoration or repair necessitated by such
Taking, including consequential losses. If after giving effect to the foregoing there remain any un-
apportioned proceeds, they will be equitably apportioned as between Landlord and Tenant.
Notwithstanding the foregoing, however, in the event Tenant exercises its right to terminate this
Lease under this Section 16,then Tenant shall first receive all condemnation proceeds until Tenant
has received an amount equal to the appraised value of the System prior to the Taking.
17. Default; Remedies. The failure by a party hereto to perform its obligations under
this Lease, if not remedied within thirty(30) calendar days of written notice of such failure from
the other party, or if such failure is not capable of being remedied within thirty(30)days, remedial
action is not commenced and diligently pursued within such thirty(30)day period, shall constitute
a default hereunder (a "Default"). Following an event of Default, the non-defaulting party may
pursue any available remedies at law or in equity, subject to Section 27(d). Notwithstanding the
foregoing, the non-defaulting party shall take commercially reasonable measures to mitigate
damages resulting from such Default. Tenant may, in its sole discretion, elect to cure a Default on
the part of Landlord, in which case Tenant shall be entitled to offset future payments of Rent or
other amounts due to Landlord hereunder together with the reasonable and documented out-of-
pocket expenses incurred by Tenant in pursuing to cure such Default.
18. Indemnifications. Landlord shall indemnify and hold Tenant harmless from any
and all damages or claims caused by Landlord's negligence or willful misconduct, or Landlord's
breach of this Lease, that Tenant may be compelled to pay or defend in connection with this Lease
or Tenant's use of the Premises, except to the extent such damages or claims are directly
attributable to the actions or omissions of Tenant or any of Tenant's agents or employees. Tenant
agrees to indemnify and hold Landlord harmless from any and all damages or claims caused by
Tenant's negligence or willful misconduct,or Tenant's breach of this Lease,that Landlord may be
compelled to pay or defend in connection with this Lease or Tenant's use of the Premises, except
to the extent such damages or claims are directly attributable to the actions or omissions of
Landlord or any of Landlord's agents or employees.
19. Notices. All notices, elections, demands, requests, and other communications
hereunder shall be in writing, signed by the party making the same and shall be sent by certified
or registered United States mail, postage prepaid, or by national overnight courier service which
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provides tracking and acknowledgement of receipts, addressed to the party to be served at the
address indicated in the Basic Lease Terms Summary above or at such other address as may
hereafter be designated in writing by either party hereto, or by any other method if actually
received. The time and date on which mail is postmarked shall be the time and date on which such
communication is deemed to have been given.
20. Easements. Landlord hereby grants to Tenant during the Term of this Lease(a) an
easement for light, solar energy resources, access (including vehicular and pedestrian ingress and
egress) and utility access over,under and across all property owned by Landlord which is adjacent
to or in the vicinity of the Premises as reasonably necessary for Tenant's conduct of the Intended
Use on the Premises and to access the Premises, (b)an easement for any and all encroachments of
Tenant's Property onto Landlord's adjacent property, and (c) an easement over, under and across
the Landlord's adjacent property for audio, visual, view, light, flicker, noise, vibration and any
other effects attributable to the Intended Use of the Premises_ Without limiting the foregoing,
Landlord agrees to execute and deliver any separate easement agreements for the benefit of Tenant
and the Premises as Tenant or the utility to which the System is interconnected(the"Utility")may
reasonably request to facilitate the construction, operation and removal of the System, or otherwise
in connection with Tenant's use of the Premises during the Term(collectively, the"Easements").
Landlord and Tenant (and the Utility, as applicable) shall in good faith establish the location and
terms of such Easements within twenty(20) days of the request therefor, and any such Easements
shall be confirmed in writing, signed by the parties and recorded in the County records against the
Land and/or any property adjacent to or in the vicinity of the Premises and shall run with the Lease
and inure to the benefit of Tenant (or the Utility, as applicable) and its transferees, successors and
assigns hereunder, including any Additional Notice Party.
21. Non-Disturbance Agreement. Upon Tenant's request,Landlord shall execute, and
shall use commercially reasonable efforts to cause any current beneficiaries of any
mortgages/deeds of trust, or any other parties with rights in, or interests secured by Landlord's
interest in, the Land or any other property owned by Landlord which is subject to an easement
benefiting Tenant (collectively, "Landlord's Land"), to enter into an agreement with Tenant
confirming that such party subordinates its rights or interests in Landlord's Land to this Lease, or
solely with respect to current beneficiaries of any mortgages/deeds of trust or other parties with a
security interest in Landlord's Land,that such party will not disturb or extinguish Tenant's interest
in Landlord's Land and in this Lease. Such agreement shall be in form and substance reasonably
agreeable to Tenant and any Additional Notice Party (defined in Section 27). If Tenant and
Landlord are unable to obtain such agreements from any third party holding an interest in
Landlord's Land, Tenant shall be entitled(but not obligated)to make payments or performance in
fulfillment of Landlord's obligations to such third party and may offset the amount of such
payments or performance from amounts due Landlord under this Lease; provided, that if such
obligations cannot be satisfied by the payment of money or performance by Tenant, Tenant shall
have the right to immediately terminate this Lease.
22. Landlord's Representations and Warranties.
(a) Landlord hereby represents and warrants to Tenant that: (a)Landlord owns
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the Land in fee simple, and has all requisite right, power and authority to enter into this Lease,
without the consent or joinder of any party not joining in the execution hereof(including spouses);
(b)the execution of this Lease will not constitute a violation of nor be in conflict with nor constitute
a default under any term or provision of any agreement or instrument to which Landlord is a party
or by which the Premises or any part thereof is bound; (c)no hazardous or toxic substances have
been released or manufactured, or are present on the Premises in amounts in excess of the lawful
limit absent a permit, and no underground storage tanks (whether or not abandoned) exist on or
under the Premises; (d)Landlord has not received any notice of any pending or threatened Taking,
zoning change or legal, regulatory or other noncompliance relating to the Premises, or of any
possible widening of the streets abutting the Premises; (e)Landlord has not received any notice of
proposed curtailment of utility services to the Premises;(f)the Premises are free from any recorded
or unrecorded use or occupancy restrictions or declarations of restrictive covenants, and there are
no existing liens, mortgages, or deeds of trust encumbering all or any part of the Premises; (g)
there are no service or maintenance contracts affecting the Premises; (h) there are no delinquent
or outstanding Taxes, liens or other impositions levied or assessed against the Premises or any
larger parcel of property of which the Premises is a part; (i) except for this Lease, there are no
leases, options to purchase, license agreements or other third party rights to use or possess the
Premises, whether written or oral, recorded or unrecorded; (j) Landlord is not in the hands of a
receiver nor is an application for such a receiver pending, nor has Landlord made an assignment
for the benefit of creditors, nor filed, or had filed against it, any petition in bankruptcy nor is
Landlord a defendant in any ongoing or pending litigation proceedings; (k) if Landlord is a limited
partnership, trust, limited liability company, corporation or other business entity, Landlord is in
good standing under the laws of the state of its incorporation and the state in which the Premises
are located, and the undersigned representatives of Landlord have full power and authority to
execute and deliver this Lease; and (1) if Landlord is one or more natural persons, except for the
spouse identified on the signature page to this Lease, such natural persons are unmarried.
(b) The provisions of this Section 22 will survive the termination or expiration
of this Lease. All of Landlord's representations and warranties contained in this Lease shall be
true as of the Effective Date and shall be subject to any state of facts arising during the Term of
this Lease without the direct or indirect, active or passive, involvement of Landlord.
23. Insurance.
(a) During the Term, Tenant shall maintain, at Tenant's cost and expense, a
policy or policies of insurance providing Commercial General Liability Insurance for Tenant's
liability arising out of claims for bodily injury(including death) and property damage.
(b) Upon Landlord's request, Tenant will promptly furnish Landlord with
certificates of insurance evidencing the insurance required to be maintained under Section 23(a).
24. Landlord Covenants. From and after the Effective Date until the expiration or
earlier termination of the Term:
(a) Landlord shall not, without the prior written consent of Tenant, (i) institute
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or consent to any rezoning of the Premises; (ii) further encumber or suffer to exist the further
encumbrance or Transfer of the Premises (except as caused by or on behalf of Tenant) except in
accordance with Section 26 of this Lease; (iii) cause or permit any activities or conditions that
would impair operation of the System (including, without limitation, by erecting or permitting to
be erected any cell towers, water towers, billboards, silos, trees or any other natural or man-made
structures to be placed, constructed, or to otherwise exist on any property owned or controlled by
Landlord that may diminish the quantity of sunlight that otherwise would reach the Premises or
that may cause shade or shadows upon the Premises or any portion thereof, and Landlord shall not
emit or permit the emission of suspended particulate matter, smoke,fog or steam or other air-borne
impediments to insolation on the Premises, or burn or permit the burning of garbage, plant, shrub,
and yard trimmings or other vegetation that could adversely affect insolation levels on the
Premises), and, upon written notice from Tenant, Landlord shall promptly remove any existing
uses or improvements on any property adjacent to or in the vicinity of the Premises which Tenant
reasonably determines will impair Tenant's use of the Premises; (iv) cause or permit the violation
of any applicable laws, rules, regulations or ordinances applicable to the Premises; or (v)
commence (or have commenced against it) any voluntary or involuntarily proceedings in
bankruptcy, insolvency or similar proceedings with respect to Landlord.
(b) Landlord shall promptly give Tenant a copy of any notice of any kind
received by Landlord regarding the Premises or any Taxes.
(c) Landlord shall comply with and perform all of its covenants, agreements
and obligations to third parties, including, but not limited to, payment of government property
taxes and assessments (to the extent required under this Lease), and payment and performance of
any mortgage or other financing obligations owed to lenders,which affect or relate to the Premises.
25. Memorandum of Lease. This Lease shall not be recorded; however, within five
(5) days following Tenant's request, Landlord and Tenant shall execute a memorandum of this
Lease in recordable form, setting forth the following provisions of this Lease, including, without
limitation: (a) all information required by law, (b) restrictions on Transfers, (c) any unexercised
Renewal Term options, (d)rights of first offer or of first refusal of Tenant with respect to the Land,
(e)Tenant's Exclusivity Right as set forth in Section 41, (f)the easement rights granted to Tenant
hereunder, and (g) such other provisions of this Lease as the parties may mutually agree to
incorporate therein. Tenant shall cause the memorandum of lease to be recorded in the County
records against the Land and any other property of Landlord(if applicable).
26. Assignments; Mortgages; Transfers. This Lease shall be binding upon and inure
to the benefit of the parties hereto and their legal representatives, successors and assigns, subject
to the following terms and conditions:
(a) Tenant may pledge, sell, grant and/or assign, sublease, mortgage and
otherwise transfer (each, a"Transfer")this Lease or Tenant's leasehold interest in the Premises,
in whole or in part, without Landlord's prior consent; provided that Tenant shall notify Landlord
within a reasonable time after such Transfer. If Tenant assigns its entire interest in this Lease to a
party that expressly assumes in writing all obligations of Tenant under this Lease arising after the
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effective date of the assignment, Tenant shall be released or discharged from all of its covenants
and obligations under this Lease, except such obligations as shall have accrued prior to the
effective date of any such assignment or transfer, and Landlord agrees to look solely to Tenant's
assignee for performance of such obligations.
(b) Landlord shall give Tenant at least thirty (30) days' prior notice of any
Transfer by Landlord of its interest in the Land or in this Lease. In addition, any such Transfer
shall be expressly subject to this Lease, and Landlord shall not transfer the fee interest in the
Premises unless the assignee assumes all of Landlord's obligations under this Lease, any
easements granted to Tenant (as applicable) and any consents granted to Tenant's lenders. For
example, but without limiting the foregoing, the Lease shall remain prior in interest to any
mortgage entered into by Landlord after the Effective Date. For Transfers pursuant to the death
or disability of Landlord, Landlord's executor or successor in interest should endeavor to provide
notice of such Transfer(or proceedings that will result in such a Transfer)to Tenant as promptly
as possible under the circumstances. Landlord shall notify Tenant of the closing of such Transfer,
and if applicable, the name and contact information of the successor to Landlord's interest
hereunder and payment instructions for future payments of Rent and other amounts due under the
Lease; provided, that Landlord shall indemnify Tenant for losses arising from Tenant's payment
of Rent or other amounts as so directed.
27. Third Party Protections. If Tenant shall notify Landlord in writing of the
existence of, and contact information for, any third party (including, without limitation, any tax-
credit equity providers) with a security interest or similar interest in the Lease, whether via a
collateral Transfer or otherwise (any such third party, an "Additional Notice Party"), then the
following provisions shall apply until such time as Landlord shall receive written confirmation
that such Additional Notice Party's interests in this Lease,the System or the Premises are released:
(a) Without limiting Section 31, no assignment, amendment, election to
terminate or other modification of this Lease shall be effective unless approved by the Additional
Notice Party in writing. In the event Tenant acquires fee ownership of the Land, or in the event of
Tenant's voluntary surrender of the leasehold estate, there shall be no merger of the leasehold
estate created by this Lease with the fee without the prior written consent of the Additional Notice
Party, which consent may be granted, conditioned or withheld in the Additional Notice Party's
sole discretion.
(b) If any event of Default by Tenant remains uncured following the applicable
cure period under Section 17, Landlord shall send written notice of such uncured Default to each
Additional Notice Party at the address provided therefor, whereupon the Additional Notice Party
shall have an additional thirty (30) days during which it may, in its sole discretion, cure such
Default on Tenant's behalf. Landlord may not pursue any remedy for such Default unless it
remains uncured following the expiration of such Additional Notice Party's thirty (30) day cure
period. No notice shall be effective against an Additional Notice Party unless and until actually
received by such Additional Notice Party.
(c) Neither the bankruptcy nor the insolvency of Tenant shall be grounds for
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terminating this Lease as long as the Rent and all other obligations of Tenant hereunder are paid
or performed by or on behalf of Tenant or the Additional Notice Party in accordance with the terms
of this Lease.
(d) Subject to Section 27(b), if this Lease is terminated pursuant to a Tenant
Default, Landlord shall enter into a new lease with Additional Notice Party or its nominee on the
same terms as set forth herein, and for a term equal to the then-unelapsed portion of this Lease,
with an option to extend for any then-remaining Renewal Term(s). Such new lease shall be
effective as of the date of termination of this Lease_
(e) If this Lease is terminated pursuant to a rejection in bankruptcy or other
similar proceeding with respect to Landlord,then Landlord, or its successor in interest to the Land,
if any, shall enter into a new lease with Tenant on substantially the same terms as this Lease and
for the then otherwise unexpired portion of the Term. Such new lease shall be effective as of the
date of termination of this Lease.
(f) An Additional Notice Party shall have the right, subject to the terms and
conditions of this Lease: (a) to assign its security interest; (b) to enforce its lien and acquire title
to the leasehold estate by any lawful means; (c) to take possession of and operate the Tenant's
Property, the leasehold estate or any portion thereof and to perform all obligations to be performed
by Tenant hereunder, or to cause a receiver to be appointed to do so; and (d) to acquire the
leasehold estate by foreclosure or by an assignment in lieu of foreclosure and thereafter to assign
or transfer the leasehold estate to a third party. Landlord's consent shall not be required for the
acquisition of the encumbered leasehold estate or subleasehold estate by a third party who acquires
the same by or subsequent to foreclosure or assignment in lieu of foreclosure. During any period
of possession of the Premises by an Additional Notice Party (or a receiver requested by such
Additional Notice Party) and/or during the pendency of any foreclosure proceedings instituted by
an Additional Notice Party, the Additional Notice Party shall pay or cause to be paid all other
monetary charges payable by Tenant hereunder which have accrued and are unpaid at the
commencement of said period and those which accrue thereafter during said period. Following
acquisition of Tenant's leasehold estate by the Additional Notice Party or its assignee or designee
as a result of either foreclosure or acceptance of an assignment in lieu of foreclosure, or by a
purchaser at a foreclosure sale and subject to the provisions of this Section 27(f), this Lease shall
continue in full force and effect and the Additional Notice Party or party acquiring title to Tenant's
leasehold estate shall, within thirty (30) days, commence the cure of all defaults hereunder and
thereafter diligently process such cure to completion.
(g) Subject to the terms and conditions hereof, Landlord hereby waives any
lien, security interest, or claim of any nature that Landlord now has or may hereafter have by
statute, rule, regulation, common law, agreement or otherwise, in and to Tenant's Property and
other of Tenant's property that is or may be from time to time hereafter located at the Premises
and/or the Landlord's adjacent property, if any, and to which Tenant at any time has granted or
will grant a security interest to an Additional Notice Party (all such property and the records
relating thereto shall be hereafter called the"Collateral"). Landlord recognizes and acknowledges
that any claim or claims ("Claims")that an Additional Notice Party has or may have against such
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Collateral by virtue of any lien or security interest are superior to any lien, security interest, or
claim of any nature that Landlord now has or may hereafter have to such Collateral by statute,rule,
regulation, common law, agreement or otherwise. The waiver provided for herein shall be
effective until the discharge of the Claims. Landlord further agrees to notify any purchaser of the
Premises and/or the Landlord's adjacent property and any subsequent mortgagee or other
encumbrance holder of the existence of the foregoing waiver of Landlord's lien rights, which shall
be binding upon the executors, administrators, successors and transferees of Landlord, and shall
inure to the benefit of the successors and assigns of any Additional Notice Party. Landlord hereby
irrevocably agrees and consents to refrain from taking any action to bar, restrain or otherwise
prevent an Additional Notice Party from the Premises for the purpose of inspecting the Collateral.
(h) Landlord agrees to execute and deliver such documents and instruments,
including, without limitation, an amendment to this Lease, an amendment to any recorded
memorandum of lease or a subordination agreement, as may be reasonably requested by an
Additional Notice Party or in furtherance of a Transfer related to the financing or re-financing of
the System, to allow such Additional Notice Party reasonable means to protect or preserve the
System or its collateral interest in the Lease;provided,that Landlord shall not be required to amend
this Lease in any way that would extend the Term, decrease the Rent or otherwise in any material
respect adversely affect any rights of Landlord. Each party shall bear its own expenses, including
legal expenses, in connection with any request for the execution and delivery of additional
documents and instruments in accordance with this Section 27(h).
28. Estoppel. Upon the request of either party (or any Additional Notice Party), the
non-requesting party shall deliver to the requesting party a certificate setting forth the material
terms of the Lease, the existence of any Default under the Lease, the date through which Rent has
been paid and any amounts on deposit with Landlord, the current Rent rate, and such other
reasonable terms requested by the requesting party. The failure by the non-requesting party to
respond to such request within fifteen (15) days shall constitute an event of Default, and in
addition, shall result in the deemed acceptance, approval and confirmation of the truth of the
matters set forth in the certificate sent with the original request.
29. Brokerage Commission. Except as pursuant to a separate agreement between
Tenant and Tenant's broker, if any, Landlord and Tenant each represent and warrant to the other
that they have not dealt with any real estate agent or broker in connection with this transaction.
Landlord and Tenant each hereby indemnify and save the other harmless from and against all
losses, costs and expenses incurred by reason of a breach of such representation and warranty.
30. Governing Law. This Lease shall be construed and enforced in accordance with
the laws of the State in which the Land is located, and any disputes arising from or relating to this
Lease shall be construed, governed and interpreted and regulated under the laws of such State.
31. Interpretation; Amendment. The terms of this Lease shall not be amended,
restated, changed or otherwise modified except in a writing signed by Landlord, Tenant and any
Additional Notice Party. If any term or provision of this Lease shall to any extent be invalid or
unenforceable, the remainder of this Lease shall not be affected thereby and each other term and
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provision of this Lease shall be valid and enforced to the fullest extent permitted by law.
32. Integration; Anti-Merger. This instrument, including the attached Exhibits,
contains the complete agreement of the parties regarding the subject matter of this Lease, and there
are no oral or written conditions, terms, understandings or other agreements pertaining thereto
which have not been incorporated herein. This instrument creates only the relationship of landlord
and tenant between the parties as to the Premises; and nothing in this Lease shall in any way be
construed to impose upon either party any obligations or restrictions not expressly set forth in this
Lease. This Lease shall continue until the expiration or termination of the Lease and Term, and
shall not be extinguished by operation of law pursuant to the acquisition by a single party of the
interests in both Tenant and Landlord hereunder.
33. Exclusive Control; Quiet Enjoyment. Tenant shall have exclusive control,
possession, occupancy,use and management of the Premises on and after the Rent Commencement
Date, subject to any easements or security instruments existing on the Effective Date, or as caused
by Tenant, and Landlord shall warrant and defend Tenant's right to quietly hold and enjoy the
Premises. Tenant, and its agents, guests, subtenants and designees, and any Additional Notice
Party, shall have access to the Premises at all times after the Rent Commencement Date, and
neither Landlord nor any agent of Landlord shall, without a Tenant representative, enter upon any
portion of the Premises except as specifically permitted hereunder. For the avoidance of doubt,
this Lease does not convey any subsurface oil, gas, mineral, liquid or other subsurface rights
(collectively, "Mineral Rights") to Tenant; provided, however, that Landlord shall not, and shall
not permit, any activity, including, without limitation,the extraction of minerals, oil, gas, liquid or
other substances, if such activity could result, in Tenant's sole discretion, in a failure of subsurface
support for the Premises or otherwise impair or adversely affect Tenant's Property or Tenant's use
of the Premises. The foregoing sentence shall be a covenant running with the Land binding upon
any party owning any interest in, or rights to develop or use such Mineral Rights. To the best
knowledge of Landlord, Landlord is the sole owner of the Mineral Rights and Landlord holds
good, indefeasible and insurable title to the Mineral Rights.
34. Waiver. The waiver by any party of any instance of a breach of any covenant or
agreement herein shall not be deemed to constitute waiver of any subsequent breach of the same
or any other covenant or agreement under this Lease.
35. Nonrecourse. The performance of this Lease by Landlord and Tenant shall be
secured by their respective interests in the Premises. Except for such interests in the Premises,
neither Landlord's,nor Tenant's property or assets(including without limitation Tenant s Property),
shall be subject to levy, execution or any other enforcement procedure in connection with the
satisfaction of liability under this Lease.
36. Consents; Further Assurances. Each party shall execute and deliver such further
documents and perform such other acts, as may be reasonably necessary to achieve the parties'
intent in entering into this Lease. The parties further agree that, to the extent the consent or
approval of either of them is required, requested or appropriate under this Lease, such consent or
approval shall not be unreasonably or unduly withheld, delayed, or conditioned, and except as may
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otherwise be expressly provided for herein, each party shall bear its own costs and expenses,
including legal costs, in connection with such consent or approval.
37. Counterparts. This Lease may be executed in any number of counterparts, each of
which shall be deemed an original once executed and delivered. In the event that any signature is
delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such
signature shall create a valid and binding obligation of the party executing with the same force and
effect as if such facsimile were an original thereof.
38. Survival. Upon the expiration or earlier termination of this Lease in accordance
with its terms,this Lease shall cease to have force and effect,unless the context requires otherwise
to achieve the parties' intent with respect thereto.
39. First Refusal to Lease. Without limiting Tenant's rights to renew or extend the
Term as set forth in this Lease,Landlord hereby grants to Tenant a right of first refusal to lease the
Premises for a term commencing at the expiration or termination of this Lease, as extended, and/or
any premises owned by Landlord located adjacent to the Premises, only upon the terms and
conditions as contained in any valid, acceptable, bona fide lease offer Landlord or any subsequent
Landlord may receive prior to the cancellation or termination of this Lease, as extended. Tenant
shall have twenty (20) days after receipt from Landlord of written notice of such offer, with a
certified full written statement of such offer and copy of the proposed lease (the "Proposed
Lease"), within which time to exercise its option to lease and accept any such lease terms.
Landlord agrees to promptly notify Tenant of receipt of any such acceptable offer to lease. Tenant
shall exercise such right of first refusal by delivery of notice to Landlord accepting such offer.
Thereafter, Tenant shall be deemed to have extended this Lease upon the economic terms of the
Proposed Lease (i.e. rent, payment of taxes and expenses, options to extend, etc.). Tenant and
Landlord shall be bound by all of the economic terms of the Proposed Lease. Landlord and Tenant
shall enter into an amendment of this Lease extending the Term and incorporating the other
economic terms of the Proposed Lease. Notwithstanding Tenant's failure to exercise such right of
first refusal on a single occasion, such right of first refusal shall be a continuing right throughout
the balance of the Term and Landlord shall be obligated to submit any future offers to Tenant.
40. First Refusal to Purchase. Without limiting Tenant's rights to renew or extend
the Term as set forth in this Lease, Landlord hereby grants to Tenant a right of first refusal to
purchase the Premises, or any land of which the Premises is a part, upon the same terms and
conditions as contained in any bona fide purchase offer Landlord, or its successors and assigns,
may receive prior to the cancellation or termination of this Lease, as extended. Tenant shall have
twenty (20) days after receipt from Landlord of written notice of such offer, with a certified full
written statement of such offer and copy of the proposed sale agreement ("Proposed Sale
Agreement") within which time to exercise its option to purchase and accept any such proposed
sale terms. Tenant shall exercise such option of first refusal by delivery of notice to Landlord
accepting such offer. If Tenant exercises its option, Landlord and Tenant shall enter into a
commercially reasonable sale agreement ("Sale Agreement") upon the economic terms of the
Proposed Sale Agreement; provided, however, irrespective of the terms of the Proposed Sale
Agreement, the Sale Agreement shall provide that (a) Landlord shall deliver to Tenant a current
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commitment for an owners title insurance policy issued by a title company acceptable to Tenant
committing to insure Tenant in the amount of the purchase price and showing title to be good and
marketable fee simple, free and clear of all liens, reservations, easements encumbrances,
restrictions of record and encroachments, except such matters approved by Tenant as part of a the
Sale Agreement, (b) transfer of title by Landlord to Tenant shall be effected by warranty deed
conveying such title, (c) Landlord shall satisfy and remove from title at closing any and all
monetary encumbrances, including any mortgage or trust deed, and (d) Tenant shall have no
obligations for payment of any brokerage fee in connection with the purchase and if any such
payment is due to any party it shall be paid by Landlord. Notwithstanding Tenant's failure to
exercise such right of first refusal on a single occasion, such right of first refusal shall be a
continuing right throughout the balance of the Term and Landlord shall be obligated to submit any
future offers to Tenant.
41. Exclusivity. Landlord covenants that it will not(i)use or lease or permit any tenant
to use or lease or(ii) permit any occupant or subtenant or assignee of a tenant or occupant to use
any other property in which Landlord has an interest and which is located within a radius of one
(1) mile of the Premises, for the purpose of conducting a business that is engaged in the solar
power generation business and/or a use similar to the Intended Use ("Tenant's Exclusivity
Right").
42. Confidentiality_ Landlord agrees to hold all confidential information of Tenant,
including, without limitation, the terms of this Lease, in strict confidence, and will not disclose
same to any person, other than as required by applicable law, rule, or regulation. Landlord
acknowledges and stipulates that Tenant may suffer irreparable harm in the event of a breach of
this confidentiality agreement, for which Tenant has no adequate remedy at law. Therefore, in
addition to all other remedies available pursuant to the terms of this Lease or at law, Tenant shall
have the right to obtain immediate injunctive or other equitable relief upon a breach of this
confidentiality agreement by Landlord, without the necessity of giving any notice of such default
or opportunity to cure the same_
43. Attorneys' Fees. In the event of any dispute under this Lease, the party against
whom any final judgment is entered agrees to pay the prevailing party all reasonable costs, charges,
and expenses, including attorneys' fees, expended or incurred in connection therewith.
44. Tax Credits. If under applicable law the holder of a leasehold interest in the nature
of that held by Tenant or Tenant's assignee becomes ineligible for any tax credit, benefit or
incentive for alternative energy expenditure established by any local, state or federal government,
then, at Tenant's option, Landlord and Tenant shall amend this Lease or replace it with a different
instrument so as to convert Tenant's interest in the Premises to a substantially similar interest that
makes Tenant eligible for such tax credit, benefit or incentive.
45. State Specific Provisions.
(a) In the event of any inconsistencies between the terms and conditions of this
20

DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
Section 45 and the other terms and conditions of this Lease,the terms and conditions of this Section
45 shall control and be binding.
(b) As used in this Lease, "UCC" shall mean the North Carolina Uniform
Commercial Code found at Chapter 25, Article 9 of the North Carolina General Statutes or any
replacement or successor statute or code.
(c) TO THE EXTENT PERMITTED BY LAW, EACH OF THE
PARTIES KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE
RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS
LEASE, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS LEASE
AND ANY OTHER AGREEMENT CONTEMPLATED TO BE EXECUTED IN
CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF
DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF ANY
PARTY HERETO. EACH OF THE PARTIES TO THIS LEASE WAIVES ANY RIGHT
TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED
WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT OR HAS NOT
BEEN WAIVED. THIS PROVISION IS A MATERIAL INDUCEMENT TO EACH OF
THE PARTIES FOR ENTERING INTO THIS AGREEMENT.
46. Timber. It is acknowledged by the parties that the Premises were previously kept for
the purposes of growing and harvesting a valuable stand of timber(the"Timber").
(a) Within six (6) months following the Rent Commencement Date, Tenant shall purchase
from the Landlord all of the Timber located on the Premises. The purchase price for the Timber
shall be determined according to the provisions set forth in section 47(b). Following such purchase
by Tenant, Landlord acknowledges and agrees that Tenant shall be the sole owner of such timber
and Tenant shall be entitled to any and all proceeds realized from the sale of such timber by Tenant.
(b) Within ninety (90) days of the execution of this Lease the parties shall jointly identify
the area of the Premises that contains Timber. Once the Timber is identified, the Tenant shall
engage a forester of other industry expert (the "Forester") to determine the fair market value of
that Timber. The Forester engaged by the Tenant shall prepare an estimate of the fair market value
of the Timber and present it to Landlord no later than 60 days after the Timber is identified by the
parties. The Landlord shall have 30 days to review such estimate once received and accept or
reject the estimated fair market value for the Timber by delivering notification of its acceptance or
rejection in writing pursuant to the notice provisions contained in this Lease within such 30 day
period. If the Landlord rejects the fair market value of the Timber prepared by the forester or
industry expert hired by the Tenant,then the Landlord and Tenant shall each select an independent
forester or industry expert to determine jointly the fair market value of the Timber. If the
independent foresters or industry experts cannot agree on a fair market value for the Timber then
the matter of the fair market value of the Timber shall be referred to mediation before a North
Carolina Superior Court mediator consented to by the Landlord and Tenant held at the offices of
the Landlord. The parties shall divide the costs of the mediator and any survey or work to identify
21

DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
the Timber; the parties shall bear their own costs for any forester or industry expert engaged to
determine the fair market value.
(c)The fair market value for the Timber as determined in section 47(b) shall be the purchase
price paid by the Tenant to the Landlord pursuant to Section 47(a) so long as the Timber is
purchased within eighteen months of the determination of the fair market value, adjusted on a pro-
rata basis based upon the actual and verifiable volume of timber removed by Tenant. For clarity,
the fair market value shall be determined by multiplying "a)" and "b)" as follows: a)the per-unit
value of each type of Timber determined according to the appraisal in Section 47(b) and b) the
actual number of units of each type of Timber removed from the Premises. If eighteen months
elapse between the time in which the fair market value is finally determined and the purchase of
the Timber by the Tenant,then the Landlord has the option to void the original purchase price for
the Timber and order an updated and current determination of the fair market value of the Timber
in the manner set forth in section 47(b).
(d)For the avoidance of doubt, nothing in this Section 9 shall alter or limit Tenant's right to
terminate this Lease at any time prior to the expiration of the Diligence Period in accordance with
Section 3(f).
[end of text]
22

DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the later
of the dates indicated below.
LANDLORD:
Sidne-eRu i#n in
And:
tti ,
Na e•
n4hia W
And:
yc.://v-
Printed Name }J;ci i rrVa r Trustee
David H. Griffin, Jr. Revocable Trust Dated
May 23, 2013
Signature Page to Ground Lease Agreement

DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
TENANT: GideonDocuSigne Solar a by LLC
CL,ATrzrna'rittiz,,,„,
Evan Riley Vice President
Printed Name/Title:
11/21/2016
Date:
Signature Page to Ground Lease Agreement

DocuSign Envelope ID:8021AC19-27FB-4406-9827-6E5C8853E219
Exhibit A
Description of the Property
Nash County,NC
Reference Deed Book 2701, Page 156-164
PIN: 2885008011629
200.50 +/-acres, Castalia Township, Nash County,NC

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EXECUTION
Prepared by:
After Recording, Return to:
Duke Energy Progress, LLC
400 South Tryon Street, ST14A,
Charlotte,NC 28202
Attention: Director, Renewable Development
[A 3" x 3" blank space is required to be reserved
in the above right-hand corner for the recorder's use.]
ASSIGNMENT AND ASSUMPTION OF
GROUND LEASE AGREEMENT
This Assignment and Assumption of Ground Lease Agreement(this "Assignment") is made as of
November 2,2023 (the "Effective Date"),between Duke Energy Progress,LLC, a North Carolina limited
liability company("Assignee"), and Gideon Solar,LLC ("Assignor"),pursuant to that certain Asset
Purchase Agreement dated May 11,2023,by and between Assignee(as Buyer)and Assignor(as Seller)
(the "Purchase Agreement"). All capitalized terms used but not otherwise defined herein shall have the
meanings ascribed to them in the Purchase Agreement. For good and valuable consideration,the receipt
and legal sufficiency of which are hereby acknowledged,Assignee and Assignor agree as follows:
1. Assignment.As of the Effective Date,Assignor hereby sells, assigns,conveys,transfers and
delivers to Assignee all of Assignor's right,title and interest in and to that certain Ground
Lease Agreement between Assignor(as lessee or tenant) and Sidney Ruffin Griffin and
Cynthia G. Wyatt and David H. Griffin by Sidney Ruffin Griffin et al, Trustee of David H.
Griffin Jr. Revocable Trust Dated May 23,2013,a North Carolina trust(as lessor or
landlord), dated November 21,2016,as amended by that First Amendment to Ground Lease
Agreement dated November 21,2018;that Second Amendment to Ground Lease Agreement
dated November 20,2020; as amended by that Third Amendment to the Ground Lease
Agreement dated November 4,2022; as amended by that Fourth Amendment to the Ground
Lease Agreement dated February 16, 2023; as amended by that Fifth Amendment to the
Ground Lease Agreement dated August 15, 2023 (collectively the "Ground Lease
Agreement")regarding that certain tract or parcel of land more particularly described on
Exhibit A attached hereto and incorporated herein by reference. The Ground Lease
Agreement is further evidenced by that Memorandum of Lease dated June 28,2021 and
recorded on July 1,2021 in Nash County,NC Official Records Book 3141, Pages 232-239;
as amended by First Amendment to Memorandum of Lease dated November 4,2022 and
recorded on March 9,2023 in Nash County,NC Official Records Book 3272,Pages 344-355;
as amended by Second Amendment to Memorandum of Lease dated August 15,2023 and
1

EXECUTION
recorded on August 16,2023 in Nash County,NC Official Records Book 3301,Pages 63-73.
The Ground Lease Agreement is an Assumed Contract under the Purchase Agreement.
2. Assumption. As of the Effective Date,Assignee hereby accepts the assignment of the
Ground Lease Agreement and hereby assumes and agrees to pay,perform and discharge,
when due or when required to be performed or discharged,the duties and obligations of
Assignor under the Ground Lease Agreement that accrue from and after the Effective Date
and constitute Assumed Liabilities under the Purchase Agreement.
3. Rights under Assignment; Conflicts. Each of Assignee and Assignor,by its execution of
this Assignment,hereby acknowledges that the rights and remedies of each party under the
Purchase Agreement will not be deemed to be enlarged,modified or altered in any way by
such execution and acceptance of this instrument. To the extent the terms and provisions of
this Assignment conflict with the Purchase Agreement,the terms and provisions of the
Purchase Agreement shall govern.
4. Further Assurances. Each party agrees to execute and deliver all such further documents as
may reasonably be requested by the other and its counsel in order to effect the assignment
and assumption hereunder.
5. No Amendment. This Assignment shall not alter,modify or amend the terms of the Ground
Lease Agreement assigned under this Assignment.
6. Successors and Assigns. This Assignment will be fully binding upon, inure to the
benefit of and be enforceable by the parties and their respective successors and
assigns.
7. Notices. Any notices, requests, demands or other communications required or
permitted to be sent under this Assignment will be given in the manner set forth in
Section 8.3 of the Purchase Agreement.
8. Governing Law. This Assignment and all claims arising out of or relating to this
Assignment and the transactions contemplated hereby shall be governed by the Laws
of the State of North Carolina, without regard to conflicts of law principles.
9. Counterparts. This Assignment may be executed by facsimile or .pdf and in any
number of counterparts, each of which shall be deemed an original but all of which
together will constitute one and the same instrument. Each party hereto agrees to be
bound by its facsimile or .pdf signature.
10. Amendment of Assignment. This Assignment may not be amended, supplemented
or otherwise modified except in a written instrument executed by Assignee and
Assignor.
11. Indemnification. Assignor hereby agrees to indemnify and hold harmless Assignee
and its officers, directors,personnel, agents, and employees from any and all claims,
actions, claims for relief, demands, rights, damages, costs, expenses (including
reasonable attorney's fees), restitution and compensation, whether arising in equity, at
2

EXECUTION
law, or otherwise which exist or which may hereafter accrue, to any third party as a
result of or in connection with any obligations or breaches of Assignor as lessee or
tenant under the Ground Lease Agreement prior to the Effective Date of this
Assignment. Assignee hereby agrees to indemnify and hold harmless Assignor and its
officers, directors,personnel, agents, and employees from any and all claims, actions,
claims for relief, demands, rights, damages, costs, expenses (including reasonable
attorney's fees), restitution and compensation, whether arising in equity, at law, or
otherwise which exist or which may hereafter accrue, to any third party as a result of
or in connection with any obligations or breaches of Assignee as lessee or tenant
under the Ground Lease Agreement after the Effective Date of this Assignment.
[Signature pages follow.]
3

IN WITNESS WHEREOF.Each of the parties has caused this Assignment to be made and
executed by its duly authorized officers and/or representatives as of the date first written above.
MANAGER OF THE ASSIGNOR:
BIRDSEYE PROJECTS,LLC
By:Birdseye Renewable Energy,LLC,its Manager
By:Dominion,, ergy�/Bjrdseye Holdings,Inc.,its Manager
•
Signature: / %A I,/ 7 /
Print Name: Caitlin H.Porada
Title:Vice President—Financial Management
ACKNOWLEDGEMENT
STATE OF NORTH CAROLINA
WNW OF V Opa 0
a
,the undersigned Notary Public of C(, ( ounty,.�ina,certify that
a personally came before met d j'�and being personally known to me or proven by
satisfactory evidence, to be tte individual whose name is a scribed to the within instrument and
acknowledged that (s)he is Yl ICO an authorized representative of GIDEON
SOLAR,LLC,a North Carolina limited liability company,and that(s)he,in such capacity,being authorized
to do so, executed the foregoing instrument on behalf of the limited liability company for the purposes
stated therein.
Witness my hand and notarial stamp or seal,this .a day of bettec ,2023.
Notary Public Signature
My commission expires: 141 I21'" beat S'L ,\h-1-0111,t
Printed or Typed Name
(Affix Notary Stamp/Seal)
[Signature page to the Assignment and Assumption of the Ground Lease Agreement—Griffin Trust]

IN WITNESS WHEREOF. Each of the parties has caused this Assignment to be made and
executed by its duly authorized officers and/or representatives as of the date first written above.
ASSIGNEE:
DlAlLk C.,,/cl�4.rr/�f PRO('Z-55 LX-L .
Signature: '?'CJ�--- --kG'"
Print Name: kip rz,.w i T. k-1/4-,cA—
Title: D c 2 i Rt S iEj / t TR4"/->gc.7.;.n.C)
ACKNOWLEDGEMENT
STATE OF NORTH CAROLINA
COUNTY OF 4C K/2/4.4 r
y
I, the undersigned Notary Public of /44-ek/1 eurqq County, North Carolina,
certify thatAyeirei,a% //personally came before me this day arrd'being personally known to
me or proven by satisfactory evidence,to be the individual whose name is subscribed to the within
instrument and acknowledged that (s)he is 1arerivr f e yy.4 Z.4 AA,an authorized
representative of DUKE ENERGY PROGRESS,LLC,a North Carolina limited liability company,
and that (s)he, in such capacity, being authorized to do so, executed the foregoing instrument on
behalf of the limited liability company for the purposes stated therein.
Witness my hand and notarial stamp or seal,this 30 day of De-7eD g ,
2023.
/172e4GU.1 -ViS I-- -
otary Public Si azure
My commission expires: 2&' %2Ur "CGS "ee_q_ 5_ .
Printed or Typed-Name
(Affix Notary Stamp/Seal)
Andrew Rogers I I I
NOTARY PUBLIC
" Mecklenburg County, NC
A
My Commission Expires December 09.2025
[Signature page to the Assignment and Assumption of the Ground Lease Agreement—Griffin Trust]

EXHIBIT A
Legal Description of the Property
Tract No. 1:
Situate in Castalia Township,Nash County,North Carolina and more particularly described as follows:
BEGINNING at a lightwood stake on the southside of the old Richneck Road,Tom Braswell's corner in J.
A. Strum's line; thence N. 4 deg. 30'E. 632 feet to a lightwood stake; thence N. 2 deg. 30'E. 3523 feet to
an iron stake,corner of J. T. Strum's tract;thence S. 84 deg. 20'E. 1397 feet to lightwood stake, John W.
Dicken's corner in line of Tract B;thence S. 1300 feet to a lightwood stake, corner of Tract B; thence S.
67 deg. 30'E. 1910 feet to a lightwood stake in center of old Richneck Road;thence S. 84 deg. 15'E.
1466 feet to an iron stake, corner of Tract Bin J. A. Freeman's line;thence S.4 deg. 15'W. 741 feet to a
lightwood stake,John Sexton's corner in J.A. Freeman's line;thence N. 84 deg. 15'W. 3242 feet to an
iron stake and pointers,Dana Braswell's corner;thence S. 7 deg. 00'W. 1375 feet to a rock pile,Dana
Braswell's corner in B. A.Buntings line;thence N. 86 deg.45'W. 1032 feet to a lightwood stake,corner
in Braswell's line; thence N. 86 deg.45'W. 336 feet to the BEGINNING, containing 199.4 acres,more or
less, and being Tract C as shown by survey and plat of the Harrison Tract by W. F. Beal,Eng.,March
1946,recorded in Plat Book 1 at page 1A,Nash Registry,and being the identical property described in
deed dated April 4, 1946 from S. R. Griffin,widower,et al to D. H. Griffin,recorded in Book 506,page
153,Nash Registry, and identified on the records of the Nash County tax office as parcel number 000368,
alternate parcel number 288500801629U.
Tract No. 2:
Situate in Castalia Township,Nash County,North Carolina and more particularly described as follows:
BEGINNING at an iron stake on the east side of a path, S. R. Langley's corner and A.G. Griffin's corner;
thence along A.G. Griffm's line N. 84 deg. 45'W. 855 feet to a lightwood stake, said Griffin's corner;
thence N. 52 deg.W. 1922 feet to a lightwood stake, said Griffin's corner; thence N. 46 deg. W. 279 feet
to a lightwood stake, said A. G. and D. H. Griffin and John W. Dickens corner; thence due South 1300
feet along D. H. Griffin's line to a lightwood stake, said D. H. Griffin's corner;thence continuing along
said D. H. Griffin's line S. 67 deg. 30'E. 1910 feet to a lightwood stake, said D.H. Griffin's corner in a
path;thence a new line for said A.G. and D. H. Griffin N. 52 deg. 45'E. 1009 feet to the BEGINNING,
containing 44.25 acres, and being Lot 7 and part of Lot 8 of Tract B as shown on map of the "Harrison
Tract"belonging to S. R.,A. G. and D. H. Griffin and recorded in Plat Book 1,page 1A,Nash County
Registry, and being the identical property described in deed dated January 4, 1947 from A. G. Griffin and
wife,Agnes S. Griffin to D. H. Griffin,recorded in Book 515,page 328,Nash Registry, and identified on
the records of the Nash County tax office as parcel number 000368, alternate parcel number
288500801629U.1
'Note:This property description is consistent with Fidelity Title Commitment#GB21006449 Printed 10.6.23.

Page 1'of 9
��Iittil It 11111111111111,11111111111:11111 N 111111111111111111
Doc ID: 006583100009 Type: CRP
Recorded: 10/11/2013 at 03:37:41 PM
This certifies that there are no delinquent ad valorem real estate taxes,which the Nash Fee Amt: $26.00 Page 1 of 9
Revenue Tax: $0.00
County Tax Collector is charged with collecting,that are a lien on. Nash County North Carolina
Pin Number. Anne J. Melvin Resister of Deeds
1 This is not a certification that this Nash County Tax Department Pin Number matches this BI(2 • O PG 15 6 16 4
Deed description. II ff
Date: {v—//43
Tax Collector,Deputy Tax Collector,Tax Clerk
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $0.00
Parcel Identifier No. _Verified by County on the day of ,20
By:
Mail/Box to: The Valentine Law Firm, P. O. Box 847,Nashville,NC 27856
This instrument was prepared by:Franklin L.Adams,Jr.
Brief description for the Index:
THIS DEED made this %f/1 day of (,-/(-0 4 e ,2013,by and between
GRANTOR GRANTEE
David Hughes Griffin,Jr., unmarried David H. Griffin,Jr. Revocable Trust
Dated May 23,2013
220 Timber Ridge Lane 220 Timber Ridge Lane
Coppell,Texas 75019 Coppell, Texas 75019
Enter in appropriate block for each Grantor and Grantee: name. mailing rtddres and, if appropriate, character of entity, e.g.
corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include
singular,plural,masculine,feminine or neuter asrequired by context.
WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and
by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all those certain tracts or parcels of land more
particularly described as follows:
ALL OF MY RIGHT, TITLE AND INTEREST, THE SAME BEING A ONE-THIRD (1/3RD) UNDIVIDED
INTEREST, IN AND TO THE FOLLOWING-DESCRIBED TRACTS OR PARCELS OF LAND:
Parcel 1: Situate in Nashville Township,Nash County,North Carolina and more particularly described as
follows: BEGINNING at a stake in the road, corner of Lots Nos. 2 and 3 in the line of Lot No. 7 of the
subdivision of L. B. Joyner tract; thence along said road N. 48 deg. 20' E. 262 feet,N. 33 deg. 50' E. 190
feet,N, 51 deg. E. 100 feet to a stake, corner of lots 4 and 5 in the line of Lot No. 6 of the aforesaid
NC Bar Association Form No.3D 1976,Revised© 1/1/2010
Printed by Agreement with be NC Bar Association t.nrnn 6
Book: 2701 Page: 156 Seq: 1

Page 2'of 9
subdivision;N. 87 '% deg. E. 805 feet to a stake corner of Lots 4 and 5 in the aforesaid subdivision; thence S.
4 deg. W. 3605 feet to a rock pile, corner in Parcel 2 hereinafter described; thence N. 87 deg. 30' W. 1485
feet to a stake; thence N. 4 deg. E. 1881 feet to a stake; thence N. 3 deg. E. 243 feet to a stake; thence N. 28
deg. E. 145 feet to a stake; thence N. 70 V2 deg. E. 28 feet to a stake; thence N. 4 deg. E. 730 feet to the
BEGINNING, containing 112.49 acres, more or less, and being made up of the following tracts, to wit: (1)
three tracts conveyed by O. D. Batchelor, Executor to Sidney R. Griffin by deed recoiled in Book 154 at
page 13 and (2) two tracts conveyed by T. B. Dameron and wife to S. R. Griffin by deed recorded in Book
247 at page 278, all of Nash Registry; and being the First Tract described in deed dated September 4, 1943
from S. R. Griffin, unmarried, to D. H. Griffin recorded in Book 485,page 271,Nash Registry, and identified
on the records of the Nash County tax office as parcel number 002644, alternate parcel number
380300912658U.
Parcel 2: Situate in Nashville Township, Nash County,North Carolina and more particularly described as
follows: BEGINNING at a bridge across a small branch on the Nashville Road and running thence along
said road N. 35 % deg. E. 2055 feet to a stake in the center of the road; thence S. 89 deg. W. 1210 feet to a
stake in the line of Parcel 1 hereinabove described; thence along said line S. 4 deg. W. 364 feet to a rock pile,
corner of the aforesaid branch; thence down the meanders of said branch to the BEGINNING (the end of the
fourth call, the "stake on aforesaid branch" is located N. 27 % deg. W. 1470 feet from the beginning point),
containing 35.1 acres, more or less, by survey of B. J. Downey, Engr., 1919, and being the Second Tract
described in deed dated September 4, 1943 from S. R. Griffin, unmarried, to D. H. Griffin recorded in Book
485, page 271,Nash Registry.
LESS AND EXCEPT: There is excepted from Parcel 2 above described the following tract or parcel
of land: BEGINNING at an iron stake on the north bank of Great Branch; thence N. 5 deg. 26' E. 735
feet to an iron stake; thence S. 84 deg. 34' E. 525 feet to an iron stake; thence S. 5 deg. 26' W. 450
feet to an iron stake; thence S. 28 deg. 01' E. 220.28 feet to a RJR spike in the center of State Road
1435; thence S. 42 deg. 06' W. 666.43 feet to a nail and cap--center of bridge on State Road 1435;
thence N. 56 deg. 03' W. 210.58 feet along Great Branch; thence N. 2 deg. 26' E. 223 feet to an iron;
thence N. 19 deg. 31' W. 122 feet to the BEGINNING, containing 12.67 acres according to that plat
or map made by William B. McIntyre, R.L.S., dated Aug. 16, 1983, a plat of which is recorded in
Book 1128, page 122, Nash Registry, and being the identical property described in deed dated
September 6, 1983 from D. H. Griffin and wife, Margie Guill Griffin to Sidney Ruffin Griffin,
recorded in Book 1128, page 121,Nash Registry.
Parcel 2 described above is identified on the records of the Nash County tax office as parcel number 002644,
alternate parcel number 380300912658U.
Parcel 3: Situate in Nashville Township,Nash County,North Carolina and more particularly described as
follows: BEGINNING at a stake, corner with D. Braswell on the Red Road; thence along the line of D,
Braswell N. 89 deg. 25' E. 1687 feet to a stake, corner in the line of S.R. Griffin; thence along his line S. 2
deg. 30' W. 1873 feet to a stake, corner of Tract No. 3; thence along the line of Tract No. 3, N. 62 deg. 45'
W. 2290 feet to a stake on the Red Road; thence along the Road N. 41 deg. 45' E. 107 feet,N. 37 deg. 50' E.
374 feet,N. 20 deg. 30' E. 326 feet,N.15 deg. E. 94 feet to the BEGINNING, containing 59.1 acres and
being Tracts Nos. 1 and 2 as shown on map made by Paul King, C.E., made November 8th, 1922, which is
duly recorded in Nash County Registry, and being the identical tract of land described in deed dated
December 8, 1944 from H. P. Price and wife, Pearl Price to D. H. Griffin, recorded in Book 488,page 405,
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Nash Registry,and identified on the records of the Nash County tax office as parcel number 002644,
alternate parcel number 380300912658U.
Parcel 4: Situate in Castalia Township,Nash County,North Carolina and more particularly described as
follows: BEGINNING at a lightwood stake on the southside of the old Richneck Road, Tom Braswell's
corner in J. A. Strum's line; thence N. 4 deg. 30' E. 632 feet to a lightwood stake; thence N. 2 deg. 30' E.
3523 feet to an iron stake, corner of J. T. Strum's tract; thence S. 84 deg. 20' E. 1397 feet to lightwood stake,
John W. Dicken's corner in line of Tract B; thence S. 1300 feet to a lightwood stake, corner of Tract B;
thence S. 67 deg. 30' E. 1910 feet to a lightwood stake in center of old Richneck Road;thence S. 84 deg. 15'
E. 1466 feet to an iron stake, corner of Tract B in J. A. Freeman's line; thence S. 4 deg. 15' W. 741 feet to a
lightwood stake, John Sexton's corner in J. A. Freeman's line; thence N. 84 deg. 15' W. 3242 feet to an iron
stake and pointers,Dana Braswell's corner; thence S. 7 deg. 00' W. 1375 feet to a rock pile, Dana Braswell's
corner in B. A. Buntings line; thence N. 86 deg. 45' W. 1032 feet to a lightwood stake, corner in Braswell's
line; thence N. 86 deg. 45' W. 336 feet to the BEGINNING,containing 199.4 acres,more or less, and being
Tract C as shown by survey and plat of the Harrison Tract by W. F. Beal,Eng., March 1946, recorded in Plat
Book 1 at page 1A,Nash Registry,and being the identical property described in deed dated April 4, 1946
from S. R. Griffin,widower,et al to D. H. Griffin,recorded in Book 506,page 153,Nash Registry, and
identified on the records of the Nash County tax office as parcel number 000368,alternate parcel number
288500801629U.
Parcel 5: Situate in Castalia Township,Nash County,North Carolina and more particularly described as
follows: BEGINNING at an iron stake on the east side of a path, S. R. Langley's corner and A. G. Griffin's
corner; thence along A. G. Griffin's line N. 84 deg. 45' W. 855 feet to a lightwood stake, said Griffin's
corner;thence N. 52 deg. W. 1922 feet to a lightwood stake, said Griffin's corner;thence N. 46 deg. W. 279
feet to a lightwood stake, said A. G. and D. H. Griffin and John W. Dickens corner;thence due South 1300
feet along D. H. Griffin's line to a lightwood stake, said D. H. Griffin's corner; thence continuing along said
D. H. Griffin's line S. 67 deg. 30' E. 1910 feet to a lightwood stake, said D. H. Griffin's corner in a path;
thence a new line for said A. G. and D. H. Griffin N. 52 deg. 45' E. 1009 feet to the BEGINNING,
containing 44.25 acres, and being Lot 7 and part of Lot 8 of Tract B as shown on map of the"Harrison Tract"
belonging to S. R.,A. G. and D. H. Griffin and recorded in Plat Book 1,page 1A,Nash County Registry, and
being the identical property described in deed dated January 4, 1947 from A. G. Griffin and wife,Agnes S.
Griffin to D. H. Griffin,recorded in Book 515, page 328,Nash Registry, and identified on the records of the
Nash County tax office as parcel number 000368, alternate parcel number 288500801629U.
Parcel 6: Situate in Nashville Township,Nash County,North Carolina and more particularly described as
follows: Tract No. IA, known as the "Homer Tract": BEGINNING at an iron stake, Charlie Leonard's
corner in line of Tract No. 3A;thence along Charlie Leonard's line N. 3 deg. 10' E. 1693 feet to a sweet gum
on Great Branch;thence up said branch N. 47 deg. W. 173 feet to an iron stake in said branch;thence S. 87
deg. E. 791 feet to an iron stake, Sam Battle's corner; thence N. 4 deg. 30' E. 686 feet to an iron axle, Cicero
Evans' corner;thence S. 86 deg. 30' E. 676 feet to an iron,John H. Williams' corner;thence S. 5 deg. 15' W.
695 feet to a stake, corner for Tract No. 2A on the south of Great Branch;thence up the meanders of said
branch to an iron stake, a corner of Tract No. 2A in line of Tract No. 3A; thence N. 86 deg. 45' W. 641.6
feet to the BEGINNING, containing 38.8 acres. Reference is hereby made to the Report of Commissioners
filed in the special proceeding entitled "In the Matter of Jane Gassaway MacDonald, et al Ex Parte"instituted
for the purpose of dividing the lands belonging to the J. S Gassaway Estate. Said Report of Commissioners
is of record in order and decrees Book Number 31,page 338 in the office of the Clerk of Superior Court of
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Nash County. The land herein described is Tract Number lA in the Report of Commissioners hereinabove
mentioned which was allotted by the duly appointed Commissioners to Jane Gassaway MacDonald. The
Report of Commissioners is also recorded in the Office of the Register of Deeds of Nash County in Record
of Divisions Book 403 at page 245. See also Plat Book 2, page 126 in the Office of the Register of Deeds of
Nash County for a Plat of said property made by W. F. Beal, Surveyor, December, 1947, and being Tract No.
lA described in deed dated March 15, 1948 from Jane Gassaway MacDonald and husband, James M.
MacDonald to D. H. Griffin, recorded in Book 525, page 231, Nash Registry.
LESS AND EXCEPT: There is excepted from Parcel 6 above described the following tract or parcel
of land: BEGINNING at a sweet gum on the south side of Great Branch; thence along the line of the
lands of Mrs. T. E. Taylor and Charlie Leonard S. 3 deg. 10' W. 1693 feet to the line of Lot Number
3A in the division of the Horner Farm of the J. B. Gassaway Estate; thence S. 86 deg. 45' E. 641.6
feet to an iron stake in the said line, cornering; thence N. 4 deg. 15' E 1706 feet to an iron stake on
the South side of Great Branch; thence in a westerly direction along the meanders of Great Branch to
the BEGINNING, the said sweet gum, containing 25 acres, more or less, and being all of Tract lA of
the Horner place in the division of the J. B. Gassaway's Estate on the south side of Great Branch,the
entire tract being fully shown and described on plat as recorded in Plat Book 2, page 126,Nash
Registry, and being the identical property described in deed dated November, 1949 from David H.
Griffin and wife, Margie G. Griffin to Dr. W. S. Jones, recorded in Book 541, page 450,Nash
Registry.
Parcel 6 above described is identified on the records of the Nash County tax office as parcel number 002647,
alternate parcel number 380300533523U.
Parcel 7: Situate in Red Oak Township, Nash County, North Carolina and more particularly described as
follows: BEGINNING at a point in the center of the road from Nashville to the Castalia-Red Oak Road marked
by an iron stake on the east side of the road, corner of Lot No. 5; thence S. 75 deg. 05' E. 664 feet to an iron
stake, corner of Lot No. 5; thence S. 1 deg. 30' W. 1085 feet to an iron stake, corner of Lot No. 5; thence S. 11
deg.45' E. 977 feet to an iron stake,corner of Lot No. 5 in line of Lot No. 3;thence N. 62 deg. 55' W.727.5 feet
to an iron stake, corner of Lot No. 3; thence N. 17 deg. 45' W. 939 feet to an iron stake, corner of Lot No. 3;
thence N. 59 deg. 55' W. 128.7 feet to a point in the center of said road,marked by an iron stake on the east side
of the road, corner of Lot No. 3; thence along center of said road N. 14 deg. 10' E. 400 feet to a point in the
center of said road marked by an iron stake on the West side of the road,corner of Lot No. 3;thence N.76 deg.
50' W. 508 feet to an iron stake, corner of Lots No. 2 and 3; thence N. 21 deg. 10' W. 315 feet to an iron stake,
corner of Lot No. 6 in the line of Lot No. 2;thence S. 85 deg. 45' E. 81.5 feet to an iron stake,corner of Lot No.
6;thence N. 13 deg. 45' E. 431 feet to an iron stake, corner of Lot No. 6; thence S. 82 deg. 15' E. 512 feet to a
point in the center of said road,marked by an iron stake on the west side of the road,corner of Lot No. 6 in line
of Lot No. 5; thence along center of said road S. 14 deg. 10' W. 200 feet to the BEGINNING,containing 39.7
acres, more or less, and being Lot#4 on survey and plat of W. F. Beal,Engineer, November, 1949, recorded in
Plat Book 3 at page 20, Nash County Registry, and being the identical property described in deed dated
November 12, 1949 from A. G. Griffin and wife, Agnes S. Griffin et al to D. H. Griffin, recorded in Book 547,
page 235,Nash Registry, and identified on the records of the Nash County tax office as parcel number 023060,
alternate parcel number 381300350036U.
Parcel 8: Situate in the Town of Nashville, Nashville Township, Nash County, North Carolina and more
particularly described as follows: BEGINNING on the west side of Railroad Street at an iron stake, W. W.
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Ward's corner,N. 20 3/4 deg. E. 100 feet 12 links to an iron stake,Mrs. A.N. Rouse's corner;thence along Mrs.
Rouse's line N. 69 'A deg. W. 13 poles 10 links to an iron stake,Phillip's line;thence along said Phillip's line S.
20 3/4 deg. W. 100 feet 12 links to an iron stake, W. W. Ward's corner in Barnes' warehouse line;thence along
Ward's line S. 691/4 deg. E. 13 poles 10 links to the BEGINNING,and being the identical property described in
deed dated February 25, 1950 from S.R. Griffin,Jr.and wife,Eunice L.Griffin et alto D.H. Griffin,recorded in
Book 549,page 155,Nash Registry,and identified on the records of the Nash County tax office as parcel number
002650, alternate parcel number 380118409256.
Parcel 9: That tract of land situated in Castalia Township, adjoining the lands of Nicholas Griffin, L. M.
Conyers'Estate,B.H. Bunn's Estate,Paul Garrett and others,containing sixty(60)acres,more or less,and being
the Second Tract described in deed dated June 21, 1929,from L.L.Davenport,Trustee,to S.R.Griffin,recorded
in Book 347, page 36,Nash Registry.
LESS AND EXCEPT: There is excepted from Parcel 9 above described the following tract or parcel of
land: BEGINNING at a lightwood stake,the N. B Jenkins corner in T.L. Simmons'line;thence S.3 deg.
45' W. 1567 feet to an iron stake,the W. E. Clark corner;thence S. 71 deg.00' E. 702 feet to a white oak
on the west bank of Bettie's Branch;thence down the meanders of said branch S.41 deg.E. 120 feet,S.2
deg. W. 84 feet, S. 22 deg. E. 118 feet, S. 43 deg. 45' W. 95 feet,N. 62 deg. W. 130 feet,N. 47 deg. W.
90 feet, S. 38 deg. 45' W. 110 feet,S. 22 deg. 15' W. 100 feet,N. 68 deg.45' W. 121 feet,N.24 deg. W.
95 feet,N. 44 deg. W. 115 feet, N. 69 deg. 30' W. 110 feet, S.41 deg. 30' W. 93 feet, S. 79 deg. W. 140
feet, S. I deg. E. 112 feet, S. 44 deg. 15' W. 95 feet,N. 80 deg. 45' W. 68 feet, N. 38 deg. 30' W. 120
feet, S. 38 deg. W. 165 feet, S. 48 deg. W. 72 feet, S. 53 deg. 30' W. 165 feet to the mouth of a ditch
where it enters Bettie's Branch,corner of Lot No. 1; thence N. 7 deg. 00' E. 2416 feet to a stake,corner
of Lot No. 1 in the N. B. Jenkins line;thence S. 87 deg. 40' E. 411 feet to the BEGINNING,containing
30.8 acres, more or less, and being Lot No. 2 on map or plat of S. R. Griffin's Williams Tract by W. F.
Beal,Eng.,July, 1938 and February, 1950,which map or plat is recorded in Plat Book 3 at page 31,Nash
County Registry,and being Second Tract described in deed dated May 5, 1950 from D. H. Griffin and
wife, Margie G. Griffin et al to Margaret G. Batchelor,recorded in Book 554,page 117, Nash Registry.
Parcel 9 above described is identified on the records of the Nash County tax office as parcel number 000369,
alternate parcel number 288300955479U.
Parcel 10: Situate in Castalia Township, Nash County, North Carolina and more particularly described as
follows: BEGINNING at a stake in a path in the line of property now or formerly owned by B. A. Bunting, a
corner for lands now or formerly owned by A. G. Griffin, and being the northwest corner of the 49 '/2 acre tract
herein referred to,and running thence along said Griffin line and along the north boundary line of said 49%acres
tract S. 84 deg. E. 257.7 feet to an iron stake,a corner for Tract A in this division;thence along the line of Tract
A, S. 8 deg. 15' E. 508 feet to an iron stake, a corner for Tract A; thence S. 62 deg. 30' E. 569 feet to an iron
stake and pointers in a ditch, a corner for Tract A; thence continuing along the line of Tract A,S. 46 deg.45' E.
593 feet to a point in the center of the Castalia-Taylors Store Road,a corner for Tract A in this division and in the
line of Tract E as shown on the map of B. J. Downey herein referred to,which said point is indicated by an iron
stake in the northern property line of said road; thence along the center of the Castalia-Taylors Store road and
along the lines of Tracts E and D on said map the following courses and distances: S.49 deg.45' W. 161.4 feet,
S. 54 deg. W. 100 feet, S. 58 deg. W. 138.6 feet and S. 61 deg.45' W. 261.5 feet to a point in the center of said
road, which said point is designated by an iron stake S. 40 deg. 30' E. 50 feet from the center of said road, a
corner for Tract D;thence along the line of Tract D, S. 40 deg. 30' E. 1227 feet to an iron stake and old pointers
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in the southern property line of the 41 % acres tract described in that certain deed to A. G. Griffin and D. H.
Griffin recorded in Book 679, page 477, Nash Registry,and in the line of or a corner for lands now or formerly
owned by K. M. Edwards;thence N. 87 deg. 45' W. 1618.5 feet to an iron stake dogwood and post oak stump,
the southwest corner of the 41 '/7 acres tract hereinabove referred to and in the line of property now or formerly
owned by B.A. Bunting;thence along the Bunting line and along the western line of the said 41 1/2 acres tract to
and across the Castalia-Taylors Store Road N. 4 deg. E. 1111 feet to an iron stake and rock in the Bunting line,
the northwestern corner of the 41 Yi acres tract herein referred to and the southwestern corner of the 49 %2 acres
tract herein referred to;thence continuing along the Bunting line and along the western line of the said 49 %acres
tract N. 3 deg. E. 1333 feet to an iron stake in a path,the point of BEGINNING,and containing 50.88 acres and
being Tracts B and C of the property of A. G. and D. H. Griffin according to survey by B. J. Downey in
December, 1960,which survey is recorded in Book 5, page 77,Nash Registry,and being the identical property
described in deed dated April 19, 1961 from A.G. Griffin and wife,Agnes S. Griffin to D.H.Griffin,recorded in
Book 720, page 548,Nash Registry.
LESS AND EXCEPT: There is excepted from Parcel 10 above described the following tract or parcel of
land: BEGINNING at a mag-nail set in the centerline of N.C.S.R. No. 1310 (Taylor's Gin Road),the
southernmost corner of Agnes S.Griffin Heirs, and having a north coordinate of 847,714.81 and an east
coordinate of 2,291,505.97, based on the N.C. Grid Coordinate System NAD83 in feet; thence the
following twenty-three (23) courses and distances along the centerline ofN.C.S.R. No. 1310 (Taylor's
Gin Road), S. 43 deg. 10' 25" W. 37.45 feet, S. 44 deg. 27' 37" W. 50.11 feet, S. 46 deg. 00' 31" W.
50.13 feet, S. 47 deg. 09' 04" W. 50.12 feet, S. 48 deg. 35' 12" W. 49.91 feet, S. 51 deg. 03' 32" W.
49.60 feet, S. 52 deg. 54' 50" W. 55.33 feet, S. 54 deg. 17' 50" W. 49.97 feet, S. 55 deg. 19' 19" W.
49.98 feet, S. 56 deg. 26' 03" W. 50.06 feet, S. 56 deg. 58' 06" W. 50.03 feet, S. 57 deg. 37' 31" W.
50.04 feet, S. 57 deg. 30' 42" W. 50.08 feet, S. 57 deg. 44' 49" W. 50.02 feet, S. 57 deg. 38' 07" W.
50.00 feet, S. 57 deg. 59' 01" W. 49.95 feet, S. 59 deg. 17' 00" W. 50.02 feet, S. 60 deg. 29' 05" W.
49.93 feet, S. 62 deg. 13' 37" W. 49.98 feet, S. 63 deg. 46' 28" W. 49.87 feet, S. 64 deg. 19' 54" W.
49.73 feet, S. 64 deg. 42' 15" W. 50.38 feet and S. 64 deg. 38' 15" W. 430.23 feet to a mag-nail set in
aforesaid centerline and in the eastern line of Nancy Bunn Bunting;thence with an eastern line of Nancy
Bunn Bunting N. 00 deg. 57' 23"W. 547.69 feet to an existing iron pipe, a corner of aforesaid Bunting;
thence continuing with the eastern line of Bunting N. 02 deg. 18' 52" W. 1330.73 feet to a nail set in a
disturbed axle, the southwestern corner for A. Glenn Griffin,Jr.,Trustee; thence with a southern line of
aforesaid Griffin S. 89 deg.20' 10"E.241.08 feet to an existing angle iron;thence the following three(3)
courses and distances with the western and southern lines of Agnes S. Griffin Heirs,S. 13 deg.20'23"E.
507.50 feet to a nail set at a disturbed angle iron,S.67 deg.44' 53"E. 566.80 feet to an existing iron pipe
at square iron in a ditch,and S. 51 deg.42' 20"E. 592.79 feet to the point and place of BEGINNING,and
containing 28.907 acres,more or less,and being all of Tract"B"and a portion of Tract"C"as shown on a
map recorded in Plat Book 5,page 77,Nash Registry. The above-described tract of land is all of Tract l
shown on a map entitled"Division for Progress Energy Carolinas,Inc.- Griffin Tract"dated November
17, 2004, and prepared by Smith and Smith, Surveyors, Apex, North Carolina, also identified as PEC
Drawing No. L-C-9944, and being the identical property described in deed dated December 28, 2004
from Sidney Ruffin Griffin,divorced,et aI to Carolina Power&Light Company,a North Carolina public
service company d/b/a Progress Energy Carolinas,Inc.,recorded in Book 2108,page 199,Nash Registry.
Parcel 10 above described is identified on the records of the Nash County tax office as parcel number 000371,
alternate parcel number 289400075353U.
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Parcel 11: Situate in Nashville Township, Nash County, North Carolina and more particularly described as
follows: Bounded on the North by lands of J.B. Battle and S.R. Griffin,on the East by lands of Ida Hilliard and
S. R. Griffin, on the South by the lands of Tolie Lucas and S. R. Griffin and on the West by the lands of J. B.
Battle and S. R. Griffin,containing 9 t/2 acres and being the identical property described in deed dated November
8, 1975 from Clarence Evans and wife, Sylvia Darline Evans et al to David H. Griffin, recorded in Book 974,
page 577,Nash Registry. Also see deed dated November 8, 1975 from Roger Lee Evans and wife, Ella Carter
Evans et alto David H. Griffin,recorded in Book 974,page 182,Nash Registry,and identified on the records of
the Nash County tax office as parcel number 002648, alternate parcel number 381300035419U.
Parcel 12: Situate in Nashville Township, Nash County, North Carolina and more particularly described as
follows: BEGINNING at an iron stake in the western line of J. C. Mayo, said iron also being located at the
northeastern corner of Roosevelt Lucas' lot;thence along the line for Roosevelt Lucas N. 83 deg.23' W. 850.40
feet to an iron stake in the eastern line for David Griffin;thence along the line for David Griffin N. 2 deg. 54'E.
963.56 feet to an iron found in the southern line of Margaret G.Batchelor;thence along the line for Batchelor S.
83 deg. 0' E. 869.91 feet to an iron found;thence continuing along the Batchelor line and also the line for J. C.
Mayo S.4 deg.3' W. 956.95 feet to an iron stake,the point of BEGINNING,containing 18.93 acres according to
that map or plat of the"Property of Ida H. Hilliard Heirs"by William B.McIntyre,R.L.S.,dated May 27, 1976,a
copy of which is recorded in Book 1038,page 546,Nash Registry,and being the identical property described in
deed dated February 1, 1979 from Beulah H. Whitaker and husband, James Whitaker to David H. Griffin,
recorded in Book 1038,page 839,Nash Registry. Also see deed dated February 1, 1979 from Nicey H.Thorne,
widow,to David H. Griffin,recorded in Book 1038,page 545,Nash Registry,and identified on the records of the
Nash County tax office as parcel number 002649, alternate parcel number 381300131466U.
Parcel 13: Situate in Red Oak Township, Nash County, North Carolina and more particularly described as
follows: BEGINNING at an iron stake in the line or at a corner for property now or formerly owned by David H.
Griffin, which said beginning point is further established as being S. 50 deg. 17' E. 132.61 feet from a nail and
cap in the center of SR 1435 all as shown on the map hereinafter referred to,and from the beginning point thus
established; thence along the line of property now or formerly owned by David H. Griffin S. 14 deg. 27' E.
938.80 feet to an iron found, a corner for David H. Griffin;thence continuing along the David H. Griffin line S.
59 deg. 38' E. 726.85 feet to an iron found, a corner for David H. Griffin and a corner also for property now or
formerly owned by W. O. Griffin; thence along the W. O. Griffin line S. 59 deg. 47' E. 600.20 feet to an iron
found in the line of property now or formerly owned by Idalene Griffin andlor Irene Griffin and/or Maxine
Griffin,according to said map; thence along the Griffin line S. 8 deg. 14' W. 1167.37 feet to an iron found in or
near Pig Basket Creek; thence down Pig Basket Creek in a generally southwesterly direction to an iron found in
the line of property now or formerly owned by J. C. Mayo,Jr., the distances along said creek being measured by
straight lines as follows: N. 86 deg. 37' W. 88.89 feet; S. 15 deg.23' W. 68 feet; S. 77 deg.48' W. 157 feet;and
S. 31 deg. 37' W. 101.87 feet to an iron found in or near said creek,a corner for or in the line of property now or
formerly owned by J. C.Mayo,Jr.,thence along the Mayo line N.23 deg. 33' W. 2408.33 feet to an iron found,a
corner for Mayo and a corner for Tract A-1 as shown on the map hereinafter referred to;thence along the line of
Tract A-1,N.4 deg. 58' E. 709.65 feet to the point of BEGINNING,containing 32.70 acres and being Tract B as
shown on that certain map entitled "Division of Property of Mary L. Griffin Estate" dated November 5, 1981,
prepared by William B. McIntyre,Civil Engineer and Land Surveyor,which said map appears of record in Map
Book 13,page 415,Nash Registry. Reference is made to said map for a more perfect description,and being the
identical property described in deed dated December 30, 1981 from Peoples Bank&Trust Company,Executor of
the Estate of Mary L.Griffin,deceased,to David H. Griffin,recorded in Book 1095,page 1,Nash Registry,and
identified on the records of the Nash County tax office as parcel number 023064, alternate parcel number
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381300331601U.
Parcel 14: Situate in Red Oak Township, Nash County, North Carolina and more particularly described as
follows: BEGINNING at a stake in the centerline of SR 1435,the northwestern corner for Tract No. 1 of the"S.
R. Griffin Est." now owned by Jesma Daniel as shown on the map hereinafter referred to; thence from said
beginning point along the centerline of SR 1435,S.17 deg. 11' W. 569 feet to a stake,cornering;thence with the
northern line of property of Jesma Daniel N. 83 deg, 00' W. 700.81 feet to an iron found,the northwest corner for
property of Jesma Daniel in the eastern line of property of David H. Griffin; thence with the eastern line of
property of David H. Griffin N. 06 deg. 14' E. 320.52 feet to an iron found, cornering;thence with the northern
line of property of David H. Griffin N. 80 deg.49' W. 868.91 feet to an axle found;thence with the northern line
of property of D.H. Griffin N. 80 deg. 55' W. 434.70 feet to an axle found, corner for property of D. H.Griffin;
thence along the eastern line of property of D. H. Griffin N. 08 deg. 02' E. 373.04 feet to an axle found;thence
with the eastern line of property now or formerly owned by David Ghist N. 04 deg. 45' E. 318.39 feet to an iron,
the southwest corner for Tract No. 1;thence with the southern line for Tract No. 1,N. 88 deg. 15'E. 1580.29 feet
to an iron; thence continuing with the line of Tract No. 1, S. 42 deg. 30' E. 400 feet to an iron; thence with the
line of Tract No. 1, S. 13 deg. 20' W. 225.92 feet to an iron, cornering;thence with the line of Tract No. 1,S. 71
deg. 13' E. 315.48 feet to a point in the centerline of SR 1435;thence with the centerline of SR 1435,S. 17 deg.
03' W.195.78 feet to a stake, the point of BEGINNING,containing 43.89 acres and being Tract No. 2 as shown
on map entitled"Division of Property of Margaret G.Batchelor Estate"by William B.McIntyre,Surveyor,dated
July 16, 1984,recorded in Map Book 14,page 316,Nash Registry,and being Tract One described in deed dated
February 12, 1985 from Linda B. Betts and husband, Richard L. Betts to David H. Griffin, recorded in Book
1157, page 384, Nash Registry, and identified on the records of the Nash County tax office as parcel number
035286, alternate parcel number 381300142303U.
Parcel 15: Situate in Red Oak Township, Nash County, North Carolina and more particularly described as
follows: BEGINNING at a point in the centerline of SR 1435,the northwest corner for Tract No. 1 of the"S. R.
Griffin Est." now owned by Jesma Daniel as shown on the map hereinafter referred to; thence along the
centerline of SR 1435,N. 17 deg. 03' E. 463.46 feet to a stake,the southwest corner for Tract 1-A;thence along
the southern line for Tract 1-A, S. 66 deg.30' E. 177.01 feet to a stake,the southeast corner for Tract 1-A;thence
S. 04 deg. 57' W. 454.52 feet to an iron found, corner for property of Jesma Daniel; thence along the northern
line of property of Jesma Daniel N. 72 deg. 48' W. 271.23 feet to the centerline of SR 1435, the point of
BEGINNING,containing 2.32 acres and being Tract No. 2-A as shown on map entitled"Division of Property of
Margaret G.Batchelor Estate"by William B.McIntyre,Surveyor,dated July 16, 1984,recorded in Map Book 14,
page 316, Nash Registry, and being Tract Two described in deed dated February 12, 1985 from Linda B. Betts
and husband, Richard L. Betts to David H. Griffin, recorded in Book 1157, page 384, Nash Registry, and
identified on the records of the Nash County tax office as parcel number 035286, alternate parcel number
381300142303U.
D. H. Griffin died a resident of Nash County on November 19, 1989 leaving a Last Will and Testament in
which he devised his property to his wife, Margie G. Griffin, for life and at her death equally to his children,
David Hughes Griffin,Jr., Sidney Ruffin Griffin and Cynthia G. Wyatt,as will appear of record in Estate File 89-
E-502 in the office of the Clerk of Superior Court of Nash County. Margie G. Griffin died on April 30,2000 as
will appear of record in Estate File 00-E-254 in the office of the Clerk of Superior Court of Nash County.
It is the intention of the Grantor to convey his one-third(1/3rd)undivided interest in the above-described
property to the Grantee.
NC Bar Association Form No.3©1976,Revised© 1/1/2010
Printed by Agreerrent with the NC Bar Association 21Q1
B00K GE 163
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' Page 9rof 9
All or a portion of the property herein conveyed does not include the primary residence of a Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple.
And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee
simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever, other than the following exceptions:
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as oft day and year first above written.
(SEAL?
David Hughes Gr. in, Jc., arr
id
State of I t.y i 5 -County or City of L5 a L2- R 5
I,the undersigned Notary Public of the County or City of D aLb-dr S and State aforesaid,certify that David Hughes
Griffin,Jr.,unmarried, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the
purposes therein expressed. Witness my hand and Notarial stamp or seal this 7 it day cf G e 6 e r ,2013.
My Commission Expires: / lai 7 Notary Public
(Affix Seal) C
FrQ,✓C e 3 7L2 .4/--S
�$t.S,�? -S s Printed or Typed Name of Notary Public
a `S MY 7,
GOM 17
\_____,
NC Bar Association Form No.3© 1976,Revised© 1/1/2010
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Printed by Agreement with the NC Bar Association ►ry(�U1���€ (1/64 e/Q6
BOOK
Book: 2701 Page: 156 :J