NCC216568_FRO Submitted_20211213

FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by
the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the
appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail and/
or fax information unavailable, place N/A in the blank.)
Part A. Reed 1. Project Name Y Fork Ranch phase 4, sections 3J and 3L
2. Location of land -disturbing activity: County.Gullford Greensboro
City or Township
Highway/StreetBaverhof Drive Latitude36.19182 79.68897
Longitude-
3. Approximate date land -disturbing activity will commence:11-24-21
4. Purpose of development (residential, commercial, industrial, Institutional, etc.): Residential
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 13.5 acres
6. Amount of fee enclosed: $g10.00
up to the next acre) is assessed without a ceiling amo nte(Examplte: a 9-8cre applliicatiioon fee is $5i35). rounded
7. Has an erosion and sediment control plan been filed? Yes X
No Enclosed
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
Name Kevin Pegram E-mail Address [e-mail]
Telephone[phone] Cell # [phone]
Fax #
9. Landowner(s) of Record (attach accompanied page to list additional owners):
GHD-Reedy Fork, LLC [phone]
Name Telephone
White
Jeff Fax Number
[phone]
Current Mailing Address Current Street Address
1330 Sunday Drive Raleigh, N.C. 27607
City State Zip City
State Zip
10. Deed Book No. R-8253 551-552
Page No. Provide a copy of the most current deed.
Part B.
1. Company(ies) or firm(s) who are financially responsible for the land -disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet.) !f the company or firm is a sole p
the name of the owner or manager may be listed as the financially responsible party. roprietorship
Name - —
./ E-mail Address
133� r sft ^�
FCurrent Mailing Addr s �+a Current Street Address
-� , 4- Z �
city State Zip City
-� State Zip
Telephone 1" iy-'% Fax Number

2• (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name
Current Mailing Address
E-mail Address
Current Street Address
City State Zip City
State Zip
Telephone
Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. if the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent
Current Mailing Address
City State Zip
Telephone
E-mail Address
Current Street Address
City State
Zip
Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
Ty or pri t a Title or Authority - -
S tt re -
Date — ---
--
1, C YI �'" , a Notary Public of the County of
State of North Carolina, hereby certify that
personally before me this day and being my s acknowledged that the —above formwasexecuted by him.
Witness my hand and notarial seal, this day of NvY �
20
M cRA,
Seal
C1
o NIy Gomm. Exp.
02-?9-2025
!, U 1`C' 'C
My commission expires 9 a o Z5

OPERATING AGREEMENT
OF
GHD-REEDY FORK, LLC
A North Carolina Limited Liability Company
THIS AMENDED AND RESTATED OPERATING AGREEMENT ("Agreement"), is
made effective as of the 17'h day of September, 2018, by and among GreenHawk Development,
LLC, a North Carolina limited liability company, its sole member ("Member"), and GHD-REEDY
FORK, LLC, a North Carolina limited liability company ("Company").
ARTICLE I
Organization, Purpose. Offices. and Term
1.1 Formation. The Company was formed as a limited liability company pursuant to
the North Carolina Limited Liability Company Act (the "Act") on the 1 I `h day of December, 2013,
upon the filing of the Company's Articles of Organization with the North Carolina Secretary of
State. GreenHawk Development, LLC was admitted as the initial Member of the Company upon
being so identified in the Articles of Organization pursuant to section 57D-3-01(a)(1) of the Act.
The Company is formed for the object and purpose of, and the nature of the business to be
conducted and promoted by the Company is, to engage in any lawful act or activity for which
limited liability companies may be formed under the Act.
1.2 Limited Liability Company Agreement. The Member and the Company hereby
execute and deliver this Agreement for the purpose of governing and regulating the affairs of the
Company and the conduct of its business in accordance with the provisions of the Act. The
Member hereby agrees that during the term of the Company set forth in Section 1.5, the rights
and obligations of the Member with respect to the Company will be determined in accordance
with the terms and conditions of this Agreement and, where the Act provides that such rights and
obligations specified in the Act shall apply "unless otherwise provided in a limited liability
company agreement" or words of similar effect, such rights and obligations are set forth in this
Agreement.
1.3 Name. The name of the Company shall be " GHD-REEDY FORK, LLC", and its
operations shall be conducted under such name, provided, however, that the operations of the
Company may be conducted under any other name deemed necessary or desirable by the
Managers or as may be necessary to comply with the requirements of the various state(s) in
which the Company may conduct operations.
1.4 Offices. The principal office of the Company shall be located at such place as
shall be determined by the Managers. The initial registered office of the Company shall be at
1330 Sunday Drive, Suite 105, Raleigh, NC 27607. In addition, the Company may maintain
such other offices as the Managers may deem advisable at any other place or places. The
registered agent of the Company for service of process shall be GreenHawk Development, LLC.
The Managers may change the registered agent and registered office of the Company to such
other agent or office as may be permitted under the Act, upon satisfaction of the requirements for
making such a change as are set forth under the Act.

1.5 Term. Unless a date certain for dissolution of the Company is set forth in the
Articles of Organization, the existence of the Company shall continue in perpetuity until the
Company is dissolved and its affairs wound up in accordance with the provisions of this
Agreement or the Act. if a date certain for dissolution of the Company is so set forth in the
Articles of Organization, the Company shall continue in existence until the close of the
Company's business on such date, unless the Company is earlier dissolved and its affairs wound
up in accordance with the provisions of this Agreement or the Act.
ARTICLE II
Capital Contributions
The Member contributed the property described in Exhibit A, attached hereto to the
Company as Member's Capital Contribution. The Member shall not be required to make
additional Capital Contributions to the Company but may do so at any time and from time to time,
with such additional Capital Contribution described in Exhibit A. The Managers shall cause such
Capital Contributions to be recorded on the books and records of the Company. No interest shall
accrue on any Capital Contribution and the Member shall not have the right to withdraw or be
repaid any Capital Contribution except as provided in this Agreement.
ARTICLE III
Management
3.1 Authority. The Managers of the Company shall have authority to bind the
Company and to execute any and all documents on behalf of the Company necessary for the
conduct or continuance of the business of the Company.
3.2 Management by the Manager. The managers of the Company shall be GreenHawk
Development, LLC, a North Carolina limited liability company, Sajjan Kumar Agarwal, Matt
Desvergers, Jeff White and Linwood A. Jackson ("Managers"). Each Manager shall have
complete authority and exclusive control over the management of the business and affairs of the
Company. The Managers shall serve at the pleasure of the Member, and may be removed at any
time by the Member's sending written notice of removal to such Managers. The Managers may
resign as Manager at any time by sending written notice of resignation to the Member of the
Company. The Managers may appoint such other officers, with such titles, duties, and
compensation as may be designated by the Managers, subject to any applicable restrictions
specifically provided in this Agreement or contained in the Act. Any officer may resign at any
time by giving written notice thereof to the Managers, and may be removed at any time by the
Member's sending written notice of removal to such officer.
3.3 Officers. The officers of the Company may consist of such officers as may be
appointed or removed from time to time by the Managers. The officers of the Company shall
possess such powers and duties are customarily are associated with their respective offices, subject
6930301LW 23182 G41963 2
4835.0119-41010r

to the general direction and supervision of the Managers.
3.5 Operation of Company as a Separate Enterprise. The Managers shall cause the
Company to conduct its business and affairs separate from those of the Managers or the Member,
or any of the affiliates of the Manager or the Member. In furtherance of the foregoing, the
Managers shall (i) segregate and otherwise account for the Company assets and not allow funds or
other assets of the Company to be commingled with the funds or other assets owned by, or
registered in the name of, the Managers, the Member or any affiliate of the Managers or Member,
(ii) maintain books, bank accounts, and financial records of the Company separate from those of
the Managers or the Member, or their respective affiliates; (iii) observe all Company procedures
and formalities, including maintaining current records of the affairs of the Company and the
minutes of the meetings and written consents of the Managers and of the Member; (iv) cause the
Company to pay its liabilities from Company assets; (v) cause the Company to conduct its dealings
with third parties in its own name and in all respects hold itself out as a limited liability company
that is separate from and independent of the Managers and the Member; and (vi) engage in
transactions with the Managers or the Member, and any affiliate of the Managers or the Member,
only on arms -length terms in accordance with this Agreement.
ARTICLE IV
Liability
4.1 Liability of Member. The Member shall not be liable for the debts, liabilities, or
obligations of the Company beyond its capital contributions required under Article II hereof,
except to the extent provided in the Act. Except as otherwise expressly provided herein, the
Member shall not be required to contribute to the capital of, or to loan any funds to, the Company.
The failure by the Company or the Member to observe any formalities or requirements relating to
the exercise of its powers and management of the Company's business and affairs under this
Agreement or the Act shall not be grounds for imposing personal liability on the Member. The
Member shall have no fiduciary duties of loyalty or otherwise with respect to the Company.
4.2 Exculpation. The Member, whether acting as Member, in its capacity as Manager
(if applicable), or in any other capacity, shall not be liable to the Company or to any other Covered
Person (as defined below) for any loss, damage or claim incurred by reason of any act or omission
(whether or not constituting negligence or gross negligence) performed or omitted by the Member
in good faith, and no other Covered Person shall be liable to the Company or any other Covered
Person for any loss, damage or claim incurred by reason of any act or omission performed (whether
or not constituting negligence) or omitted by such Covered Person in good faith on behalf of the
Company and in a manner reasonably believed to be within the scope of authority conferred on
such Covered Person by this Agreement, except that a Covered Person (other than the Member,
irrespective of the capacity in which it acts) shalt be liable for any such loss, damage or claim
incurred by reason of such Covered Person's gross negligence or willful misconduct. For purposes
of this Agreement, the term "Covered Persons" means the Managers, the Member, any affiliate of
the Managers or Member and any officers, directors, shareholder, partners or employees of the
Managers or Member and their respective affiliates, and any officer, employee or expressly
authorized agent of the Company or its affiliates.
692030.JLW 23182 G41961 3
493"119•W01 01

4.3 Indemnification. To the fullest extent permitted by applicable law, the Member
(irrespective of the capacity in which it acts) shall be entitled to indemnification from the Company
for any loss, damage or claim incurred by the Member by reason of any act or omission (whether
or not constituting negligence or gross negligence) performed or omitted on behalf of the
Company, and any other Covered Person shall be entitled to indemnification from the Company
for any loss, damage or claim incurred by such Covered Person by reason of any act or omission
(whether or not constituting negligence) performed or omitted by such Covered Person in good
faith on behalf of the Company and in a manner reasonably believed to be within the scope of
authority conferred on such Covered Person by this Agreement, except that no Covered Person
(other than the Member, irrespective of the capacity in which it acts) shall be entitled to be
indemnified in respect of any loss, damage or claim incurred by such Covered Person by reason
of gross negligence or willful misconduct with respect to such acts or omissions; provided,
however, that any indemnity under this Section 4.3 shall be provided out of and to the extent of
Company assets only, and no Covered Person shall have any personal liability on account thereof.
4.4 Expenses. To the fullest extent permitted by applicable law, expenses (including
legal fees) incurred by a Covered Person in defending any claim, demand, action, suit or
proceeding shall, from time to time, be advanced by the Company prior to the final disposition of
such claim, demand, action, suit or proceeding upon receipt by the Company of an undertaking by
or on behalf of the Covered Person to repay such amount if it shall be determined that the Covered
Person is not entitled to be indemnified as authorized in Section 4.3.
ARTICLE V
Profits, Losses, Distributions
5.1 Allocation of Profits and Losses. All of the Company's income and loss
(including items thereof) shall be allocated to the Member; provided, however, that the Member
shall not be required to make any additional capital contribution to the Company to fund losses
of the Company, except as the Member shall otherwise agree in writing.
5.2 Distributions. Subject to any non -discretionary restrictions or limitations
regarding distributions imposed on the Company by the Act, the Managers may, in their
discretion, cause the Company to make distributions to the Member at any time and from time to
time in such amounts as they shall determine.
5.3 Solely for federal and state income tax purposes and pursuant to Treas. Reg. §
301.7701, the Member and the Company intend the Company to be disregarded as an entity that
is separate from the Member. Accordingly, all allocations of profit and loss of the Company and
all assets and liabilities of the Company shall, solely for state and federal tax purposes, be treated
as that of the Member pursuant to such regulations. For all other purposes (including, without
limitation, limited liability protection for the Member from Company liabilities), the Member and
the Company intend the Company to be respected as a separate legal entity that is separate and
apart from the Member.
692030 JLW 23182 G41963 4
4835-01I9-Ml 01

ARTICLE VI
Transfer of Interest
The Member may sell, hypothecate, pledge, assign or otherwise transfer or dispose of all or
any portion of the Member's limited liability company interest in the Company at any time pursuant
to a writing signed by the Member, or its successors and assigns. In the event the Member transfers
its entire limited liability company interest in the Company, the transferee(s) shall become a member
of the Company without any further action, unless the Member and the transferee(s) agree otherwise.
ARTICLE V II
Dissolution and Winding Up
7.1 Events Causing Dissolution. This Company shall be dissolved by the first to
occur of the following events (a "Dissolution Event"):
(a) Upon the written consent of the Member to dissolve the Company;
(b) Upon the happening of any event upon which a Member ceases (as
defined in the Act) to be a Member if the Company no longer has any other Member(s);
provided, however, that the Company shall not be dissolved upon the cessation of
membership of its last Member if, within ninety (90) days of the event of cessation of
membership of its last Member, the assignee or the fiduciary of the Member agrees in
writing that the business of the Company may be continued until the admission of the
assignee or fiduciary of the estate or its designee to the Company as a Member, effective
as of the occurrence of the event that causes the cessation of membership of the last
Member; or
(c) The entry of a decree of judicial dissolution or the issuance of a certificate
for administrative dissolution under the Act.
The Member hereby agrees that, notwithstanding any provision of the Act, the Company shall
not dissolve prior to the occurrence of a Dissolution Event.
7.2 Li uidation. In settling accounts after dissolution of the Company, the assets of
the Company shall be paid in the following order and priority:
(a) First, to the creditors of the Company, in the order of priority as provided by law,
excluding Members on account of their Capital Contributions, but including the Member on
account of any loans made by it to the Company; and
(b) The balance, if any, to the Member.
Such distributions shall be in cash, property other than cash, or partly in both, as determined by
the Member.
692030 3LW 23182 CA 1963 5
4835-01 W-MI 01

7.3 Articles of Dissolution. On completion of the distribution of Company assets as
provided herein, the Company shall be terminated (and the Company shall not be terminated
prior to such time), and the Managers or Member (or such other Person or Persons as the Act
may require or permit) shall file Articles of Dissolution with the Secretary of State of North
Carolina, cancel any other filings made pursuant to this Agreement that are or should be canceled
and take such other actions as may be necessary to wind up and liquidate the Company. The
Company shall be deemed to continue in existence for all purposes of this Agreement until it is
liquidation is completed pursuant to this Article VII upon the completion of distribution of the
Company's assets as provided herein.
7.4 Reasonable Time for Winding Up. A reasonable time shall be allowed for the
orderly winding up of the business and affairs of the Company and the liquidation of its assets
pursuant to Section 7.2 in order to minimize any losses otherwise attendant upon such winding
up.
ARTICLE VIII
Miscellaneous
8.1 Entire Agreement; Rights and Interests. This Agreement constitutes the entire
agreement of the parties with respect to the matters covered hereby and supersedes any previous
agreements, whether written or oral. The undersigned hereby stipulate and acknowledge that there
are no other understandings, expectations or agreements, either written or oral, respecting their
rights and entitlements. The undersigned hereby covenant and agree that no such understandings,
expectations or agreements that may hereafter arise shall be cognizable or enforceable unless the
same shall be reduced to writing signed by the parties to be charged.
8.2 Amendment. Neither this Agreement nor any of the terms and conditions herein
set forth may be altered or amended verbally. Any alteration or amendment shall only be effective
when reduced to writing and signed by the Member, or its successors and assigns. In connection
with the admission of an additional member of the Company, this Agreement shall be amended by
the Member and Managers to make such changes as they shall determine to reflect the fact that the
Company shall have more than one member, provided that the failure to so amend this Agreement
shall not invalidate any otherwise valid assignment or transfer made by the Member.
8.3 Governing Law. This is a North Carolina agreement, and it shall in all respects be
governed by and be interpreted in accordance with the laws of North Carolina, excluding its
conflict of laws provisions. All unresolved claims or disputes arising between the parties bound
by this Agreement that relate to this Agreement or the Company shall be adjudicated in the courts
of the State of North Carolina sitting in Wake County.
8.4 Severability. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in
all respects as if such invalid or unenforceable provision were omitted.
692030JLW 23182 G41963
4813-0119-0401 Of

8.5 Other Ventures: Competing Business. Except as otherwise expressly provided in
this Agreement or the Act, neither the Member nor any of the Member's employees, agents, family
members, or affiliates shall be prohibited or restricted in any way from investing in or conducting,
either directly or indirectly, and may invest in and/or conduct, either directly or indirectly,
businesses of any nature whatsoever, including the ownership and operation of businesses or
properties similar to or in the same geographical area as those held by the Company. Except as
otherwise provided in this Agreement or the Act, any investment in or conduct of any such
businesses by any such person shall not give rise to any claim for an accounting by the Member
or the Company or any right to claim any interest therein or the profits therefrom.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]
692030 JLW 23182 G41963 7
4815 0119 040101

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day, time and year first written above.
MEMBER:
GreenHawk Development, LLC
a North Carolina limited liability company
L� 4Q��
BY: Sajid Kumar Agarwal, f4anager
MANAGER:
GreenHawk Development, LLC
a North Carolina limited liability company
r.- 61 _. n
BY: Sajj4WKumar Agarwal, Af nager
MIER: 6Z4..r "
Ate.
Sajjan Khmar Agarwal
MANA ER:
-k
Matt Des ergers
1h ANAG
W—hi te
6920301LW 23182 G41%3
4835.01194)401 01

MA GER-
EI cc-'A�
nwood A. Jackson
THE COMPANY:
GHD-REEDY FORK, LLC
B : Linwood A. Jau o , Manager
69-70301LW.23183 GJ 1963 9
4835.0119-Mi 0!

CAPITAL CONTRIBUTIONS
Member
EXHIBIT A
Capital Contribution Units
GreenHawk Development, LLC $ 100 l00
692030.JLW- 23182 G41963 10
483"119-Ml 01