HomeMy WebLinkAboutNCG140053_Rescission Request_20260713 FOR AGENCY USE ONLY �/
Assigned to: .3- cc
ARO FRO M 0 RRO WARO WIRO WSRO
Division of Energy, Mineral, and Land Resources Land Quality Section
National Pollutant Discharge Elimination System
Rescission Request Form
Please fill out and return this form if you no longer need to maintain your NPDES stormwater permit.
Directions: Print or type all entries on this application form. Send the original,signed application to: NCDEMLR
Stormwater Program, 1612 Mail Service Center,Raleigh,NC 27699-1612. The submission of this form does not
guarantee recission of your NPDES stormwater permit. Prior to the recission of your NPDES stormwater permit,a
site inspection will be conducted.
1. Owner/Operator(to whom all permit correspondence will be mailed):
Name of legaf organizational entity: Legally responsible person as signed in Item(4)below:
Concrete Supply Co., LLC Johnie Alexander
Street address: City: State and zip code:
3823 Raleigh St Charlotte NC, 28206
Telephone number: Email address:
704-372-2930 Johnie.Alexander@ConcreteSuppl Co.com
2. Industrial Facility(facility requesting rescission):
Facility name:
Concrete Supply Co., LLC-Croft
Street address:
6528 Lakeview Rd
City: State: Zip Code: County:
Charlotte NC 28213 Mecklenburg
Permit Number to which this request applies:
NCG140053
3. Reason for rescission Request
This is required information.Attach separate sheets if necessary.
E3 Facility is dosed or closing.All industrial activities have ceased such that no discharges of stormwater are contaminated
by exposure to industrial activities or materials.
Date closed/closing:
Facility sold.
Sold to: Mark Howard
On date:4/23/2026
DOther(please explain):
The property has been sold with the material and steel structure removed. This was completed April 2026
RECEIVED
JUL 13 2026
DEMLR
4. Applicant Certification:
North Carolina General Statute 143-215.68(i)provides that: Any person who knowingly makes any false statement,
representation,or certification in any application,record, report,plan,or other document filed or required to be maintained
under this Article or a rule implementing this Article. ..shall be guilty of a Class 2 misdemeanor which may include a fine not
to exceed ten thousand dollars($10,000).1 hereby request exclusion from NPDES stormwater permitting.
Under penalty of law, I certify that:
Ell I,as an authorized representative,hereby request recission of coverage under the NPDES stormwater Permit for the
subject facility.I am familiar with the information contained in this request and to the best of my knowledge and belief
such information is true,complete,and accurate.
Printed Name of Person Signing: Johnie Alexander
Title: Environmental Manager
k.
717/2026
(Si nature ofApp ant) (Date Signed)
Mail the entire package to: DEMUR—Stormwater Program
Department of Environmental Quality
1612 Mail Service Center
Raleigh, NC 27699-1612
Page 2 of 2
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY(COMMERCIAL)
THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between MLH HOLDINGS, LLC,
("Buyer"),and Concrete Supply Co.,LLC,("Seller").
FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND
VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
Section 1.Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each
tens.
(a) "Property": (Address) 6528 Lakeview Road,Charlotte NC 28269
Ii6 All ❑ A portion of the property in Deed Reference: Book 28750 Page No968, Mecklenburg County; consisting of
approximately 4.0 acres.
Plat Reference: Lot(s) ,Block or Section as shown on Plat Book or Slide
at Page(s) ,Mecklenburg County,consisting of acres.
® If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated
herewith by reference,
(For information purposes,the tax parcel number of the Property is:0001600180).
together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property,if
any,itemized on Exhibit A.
$3,100,000.00 (b) "Purchase Price"shall mean the sum of Three Million One Hundred Thousand and 00/100 Dollars,
payable on the following terns.
$310,000.00 (i)"Earnest Money"shall mean$310,000.00 Dollars
or terms as follows:n/a
Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be
promptly deposited in escrow with Tuggle Duggins. (name of personlentity with whom deposited),to be
applied as part payment of the Purchase Price of the Property at Closing,or disbursed as agreed upon under
the provisions of Section 10 herein.
0 ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE
PLACED IN AN INTEREST BEARING TRUST ACCOUNT,AND: (check only ONE box)
O ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF
THE PURCHASE PRICE OF THE PROPERTY AT CLOSING,OR DISBURSED AS AGREED
UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification
Number is:
O ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER
IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT
AND RECORDS ASSOCIATED THEREWITH.
$ N/A (ii)Proceeds of a new loan in the amount of
Dollars for a term of
_years,at an um mst rate not to exceed _ _%per anmmm with mortgage loan discount points
not to exceed %of the loan amount,or such other tams asmay be set forth on Exhibit B.
Buyer shall pay all costs associated with any such loan.
Page I of
2037794v1 **1%
S N/A (iii) DeBvery of a promissory note secured by a deed of trust, said promissory note in the amount of
Dollars being payable over months in equal monthly installments of principal,
together with accrued interest of S on the outstanding principal balance at the rate of
percent( per annum, with the first principal payment beginning on the first day of the
201 ,or such other terms as may be set forth on Exhibit B. At any time,the promissory note
may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid
from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a
promissory note and deed of trust given hereunder,Seller's remedies may be Bmited to foreclosure of
the Property. If the deed of trust given hereunder is subordinated to senior financing, the material
terms of such financing must be set forth on Exhibit B. It such senior financing is subsequently
foreclosed,the Seller may have no remedy to recover under the note.)
$ N/A (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such
obligation having an outstanding principal balance of S._... _
and evidenced by a note beating interest at the rate of _ ptaxxat' _ o
per annum, or _ _ Buyer shall pay all
costs associated with any such assumption,including any assumption fee charged by the lender.
$2,790,000.00_ (v) Cash, balance of Purchase Price, at Closing in the amount of Two Million Seven Hundred Ninety
Thousand and 00/100 Dollars.
(c) "Closine shall mean the date and time of recording of the deed. Closing shall occur on or before March 15,2026
(d) "Contract Date"means the date this Agreement has been fully executed by both Buyer and Seller.
(e) "Examination Period" shall mean the period beginning on the Contract Date and extending through March 1,
2026.
77ME IS OF THE ESSENCE AS TO THE EXAMINATION PERIOD.
if) "Broker s "shall mean:
N/A ("Listing Agency"),
("Listing Agent" License# )
Acting as: ❑ Seller's Agent; ❑ Dual Agent
and ("Selling Agency"),
("Selling Agent"-License# )
Acting as: ❑ Buyer's Agent; ❑ Seller's(Sub)Agent; ❑ Dual Agent
(g) "Seller's Notice Address" shall be as follows: Concrete Supply Co, LLC, 3823 Raleigh Street, Charlotte, NC
28206,Arm Henry Batten
except as same may be changed pursuant to Section 12.
(h) "Buyer's Notice Address"shall be as follows:
except as same may be changed pursuant to Section 12.
(i) if this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and
incorporated herein by reference.
Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the
Purchase Price.
Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that ail property taxes(on a calendar year basis),
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14131040 0;1
leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be
prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's
obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes
required by law,and the following:
n/a
.Buyer shall pay recording costs, costs of any title sench, title insurance, survey, the cost of any inspections or investigations
undo tslran by Buyer under this Agreement and the following:
Each party shall pay its own attorney's few.
Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date
copies of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance
policies,surveys and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes(1)any
attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer
and both Buyer's and Seller's agents and attorneys;and(2)the Property's title insurer or its agent to release and disclose all materials
in the Property's title insurces(or title insurer's agent's)file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does
not consummate the Closing for any reason other than Seller default,then Buyer shall return to Seller all materials delivered by Seller to
Buyer pursuant to this Section 4(or Section 7,if applicable),if any,and shall,upon Sellers request,provide to Seller copies of(subject to
the ownership and copyright interests of the preparer thereof)any and all studies,reports,surveys and other information relating directly
to the Property prepared by or at the request of Buyer,its employees and agents,and shall deliver to Seller,upon the release of the Earnest
Money,copies of all of the foregoing without any warranty or representation by Buyer as to the contents,accuracy or correctness thereof.
Section S. Evidence of Title: Seller agrees to convey fee simple marketable and insurable title to the Property free and clear of all
liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (if applicable) and (c)
matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period("Permitted
Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing,any encumbrances that may be satisfied by the
payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any
instrument that affects the Property(or any personal property listed on Exhibit A) after the Contract Date without the prior written
consent of Buyer,which consent shall not be unreasonably withheld,conditioned or delayed.
Section 6.Conditions:This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly
conditioned upon fulfillment(or waiver by Buyer,whether explicit or implied)of the following conditions:
(a) New Loan:The Buyer must be able to obtain the ban,if any,referenced in Section I(bxii).Buyer must be able to obtain
a firm commitment for this loan on or before N/A ,effective through the date of Closing.
Buyer agrees to use its best efforts to secure such commitment and to advise Seller immediately upon receipt of lender's decision.On
or before the above date,Buyer has the right to terminate this Agreement for failure to obtain the loan referenced in Section I(b)(ii)by
delivering to Seller written notice of termination by the above date, rime being of the essence. If Buyer delivers sucb notice, this
Agreement shall be null and void and Earnest Money shall be refunded to Buyer.If Buyer fails to deliver such notice,then Buyer will
be deemed to have waived the loan condition. Notwithstanding the foregoing,after the above date,Seller may request in writing from
Buyer a copy of the commitment letter. If Buyer fails to provide Seller a copy of the commitment letter within five(5)days of receipt
of Seller's request,then Seller may terminate this Agreement by written notice to Buyer at any time thereafter,provided Seller has not
then received a copy of the commitment letter,and Buyer shall receive a return of Earnest Money.
(b) Ouallfication for Financing: If Buyer is to assume any indebtedness in connection with payment of the Purchase Price,
Buyer agrees to use its best efforts to qualify for the assumption. Should Buyer fail to qualify, Buyer shall notify Seller in writing
immediately upon lender's decision,whereupon this Agreement shall terminate,and Buyer shall receive a return of Earnest Money.
(c) Title Examination:After the Contract Date,Buyer shall,at Buyer's expense,cause a title examination to be made of the
Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee
simple marketable and insurable,subject only to Permitted Exceptions,then Buyer shall promptly notify Seller in writing of all such
title defects and exceptions, in no case later than the end of the Examination Period,and Seller shall have thirty(30)days to cure said
noticed defects. If Seller does not cure the defects or objections within thirty(30)days of notice thereof, then Buyer may terminate
this Agreement and receive a return of Earnest Money(notwithstanding that the Examination Period may have expired).If Buyer is to
purchase title insurance,the insuring company must be licensed to do business in the state in which the Property is located.Title to the
Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions. Property shall be
conveyed subject to covenant restricting its use as a concrete plant or business.
(e) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer,
reasonable wear and rear excepted,then the Buyer may(i)terminate this Agreement and receive a return of the Earnest Money or(ii)
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1413104v1 01
proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds
payable on account of the damage or destruction applicable to the Property. Buyer Acknowledges that the concrete batch plant
existing now will be removed prior to closing.
(1) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business
hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other
testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on-site inspections, examinations, soil
boring and other testing,timber cruises and surveying of the Property in a good and workmanlike manner,shall repair any damage to
the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere
with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-
site inspections outside of the hours any tenant's business is open to the public and shall give prior notice to any tenants of any entry
onto any tenant's portion of the Property for the purpose of conducting inspections. Upon Seller's request, Buyer shall provide to
Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements
affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the
operation and maintenance of the Property,provided, however,that Buyer shall not disclose any information regarding this Property
(or any tenant therein)unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys,
accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such
confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this
Section 6(f)and agrees to indemnify and hold Seller harmless from any damages resulting there from.This indemnification obligation
of Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any
damage to the Property caused by Buyers entry and on-site inspections. Except as provided in Section 6(c) above, Buyer shall have
from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF
BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES
WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD,THEN
THIS AGREEMENT SHALL TERMINATE,AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY.
Section 7.Lases(Cheek one of the following,as applicable):
El If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined)
affecting the Property.
O If this box is checked,Seller discloses that there are one or more leases affecting the Property(oral or written,recorded or
not='Leases")and the following provisions are hereby made a part of this Agreement.
(a) All leases shall be itemized on Exhibit B;
(b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein;
(c) Seller represents and warrants that as of the Contract Date there are no current defaults(or any existing situation which,
with the passage of time,or the giving of notice,or both,or at the election of either landlord or tenant could constitute a default)either
by Seller,as landlord or by any tenant under any Lease("Lease Default"). In the event there is any Lease Default as of the Contract
Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to
commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease
Default arises or is claimed,asserted or threatened to be asserted by either Seller or a tenant under the Lease.
(d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of
the parties under this Agreement are hereby made expressly conditioned upon the assignment of Sellers interest in any Lease to Buyer
in form and content acceptable to Buyer(with tenant's written consent and acknowledgement,if required under the Lease),and Seller
agrees to use its best efforts to effect such assignment. Any assignment required under this Section 7 shall be required to be delivered
at Closing by Seller in addition to those deliveries required under Section I 1 of this Agreement-
(e) Seller agrees to deliver an assignment of any Lease at Closing,with any security deposits held by Seller under any Leases
to be transferred or credited to Buyer at Closing. Seller also agrees to execute and deliver(and work diligently to obtain any tenant
signatures necessary for same)any estoppel certificates and subordination,nondisturbance and attomment agreements in such font as
Buyer may reasonably request.
Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in
accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances,which are defined
as those substances, materials, and wastes, including, but not limited to, those substances,materials and wastes listed in the United
States Department of Transportation Hazardous Materials Table(49 CFR Part 172.101)or by the Environmental Protection Agency as
hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances,materials and wastes, which are or become
regulated under any applicable local,state or federal law, including, without limitation,any material, waste or substance which is(i)
petroleum,(ii)asbestos,(iii)polychlorinated biphenyls,(iv)designated as a Hazardous Substance pursuant to Section 311 of the Clean
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1413104v1 V\�'�i
Water Act of 1977(33 U.S.C.§1321)or listed pursuant to Section 307 of the Clean Water Act of 1977(33 U.S.C. §1317),(v)defined
as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903)or (vi)
defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability
Act of 1980(42 U.S.C. 49601). Seller has no actual knowledge of any contamination of the Property from such substances as may
have been disposed of or stored on neighboring tracts.
Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided
herein,shall be home by Seller. Except as to maintaining the Property in its same condition,Seller shall have no responsibility for the
repair of the Property,including any improvements,unless the parties hereto agree in writing.
Section 10.Earnest Money Disbursement: In the event that any of the conditions hereto are not satisfied,or in the event of a breach
of this Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies
available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money
shall be forfeited to Seller as Seller's sole remedy for such breach. The forfeiture of the Earnest Money by Buyer is not a penalty but
is in the nature of liquidated damages,a good faith estimation of Seller's damages for Buyer's breach of the Agreement.NOTE: In the
event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a licensed real estate
broker, the broker is required by stale law to retain said Earnest Money in its trust or escrow account until it has obtained a written
release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction, or
alternatively, the party holding the Earnest Money may deposit the disputed monies with the appropriate clerk of court in accordance
with the provisions of N.C.G.S. §93A-12.
Section 11.Closing: At Closing, Seller shall deliver to Buyer a Special Warranty Deed unless otherwise specified on Exhibit B and
other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale for
any personality listed on Exhibit A,an owner's affidavit, lien waiver forms and a non-foreign status affidavit(pursuant to the Foreign
Investment in Real Property Tax Act),and Buyer shall pay to Seller the Purchase Price, At Closing,the Earnest Money shall be applied
as part of the Purchase Price.The Closing shall be held at the office of Buyer's attorney or such other place as the parties hereto may
mutually agree.Possession shall be delivered at Closing,unless otherwise agreed herein.
Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be
given or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given
and received on the date delivered in person or deposited in the United States mail,registered or certified,return receipt requested,to
the addresses set out in Section I(g) as to Seller and in Section I(h) as to Buyer, or at such other addresses as specified by written
notice delivered in accordance herewith.
Section 13. Entire Agreement: This Agreement constitutes the sole and entire agreement for purchase of real estate among the
parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto.
Section 14. Enforceab0ity: This Agreement shall become a contract when a signed by both Buyer and Seller and such signing is
communicated to both partiesi it being expressly agreed that the notice described in Section 12 is not required for effective Buyer
communication for the purposes of this Section 14. This Agreement shall be binding upon and inure to the benefit of the parties,their
heirs,successors and assigns and their personal representatives.
Section 15.Adverse Information and Compliance with Laws:
(a) Seller Knowledge: Seller has no actual knowledge of(i)condemnation(s) affecting or contemplated with respect to the
Property; (it) actions, suits or proceedings pending or threatened against the Property; (iii)changes contemplated in any applicable
laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for
sidewalk,paving,water,sewer,or other improvements on or adjoining the Property,and no pending or confirmed owners' association
special assessments,except as follows:
(Insert"None"or the identification of any matters relating to(i)through(iv)above, if any). Seller shall pay all owners' association
assessments and all governmental assessments confirmed as of the time of Closing, if any,and Buyer shall take title subject to all
pending assessments,if any,unless otherwise agreed as follows:
Seller represents that the regular owners'association dues,if any,are$ NA per N/A
(b) Compliance; To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations,
statutes, rules and restrictions pertaining to or affecting the Property; (ii)performance of the Agreement will not resuu the breach
14131040 Page 5 of 8
of,constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other
instrument to which Seller is a party or by which Seller or the Property is bound;and(iii)there are no legal actions,suits or other legal
or administrative proceedings pending or threatened against the Property,and Seller is not aware of any facts which might result in
any such action,suit or other proceeding.
Section 16. Survival of Representations and Warranties: All representations,warranties, covenants and agreements made by the
parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and
without further consideration,execute,acknowledge and deliver to Buyer such other documents and instruments,and take such other
action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in
accordance with this Agreement.
Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This
form has only been approved for use in North Carolina.
Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B.
Section 19.Tax-Deferred Exchange: If Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance
of the Property,Buyer and Seller agree to cooperate in effecting such exchange;provided,however,that the exchanging party shall be
responsible for all additional costs associated with such exchange,and provided further,that a non-exchanging party shall not assume
any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents,at no
cost to the non-exchanging party,as shall be required to give effect to this provision.
Section 20. Memorandum of Contract: Upon request by either party,the parties hereto shall execute a memorandum of contract in
recordable form setting forth such provisions hereof(other than the Purchase Price and other sums due) as either party may wish to
incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from
any effect thereby as of a specific date to be stated in the memorandum(which specific date shall be no later than the date of Closing).
The cost of recording such memorandum of contract shall be borne by the party requesting execution of same.
Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this
Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the
party for whom he or she signs and that his or her signature binds such parry.
Section 22. Brokers: Except as expressly provided herein,Buyer and Seller agree to indemnify and hold each other harmless from
any and all claims of brokers, consultants or real estate agents by,through or under the indemnifying party for fees or commissions
arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that:(i)except as to the Brokers
designated under Section I(f)of this Agreement,they have not employed nor engaged any brokers,consultants or real estate agents to
be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate
agreements entered into as amongst the Brokers,the Buyer and/or the Seller.
Section 23. Deed Restriction: Buyer,their Heirs,Assigns,Successors,Leaseholders, and,any and all future property holders,users
or acquirers, acknowledge as a condition of the sale from Concrete Supply Co LLC, its heirs, assigns, successors, that any new
property owner,subject to all ordinances,easements,rights-of-way,zoning restrictions,reservations and conditions of record;will not
use or allow the use of the property, in any shape or form,to be a manufacturing, production or assembly facility or batch plant for
ingredients; including Cement, fly ash, Slag, coarse aggregates, fine aggregates, chemical and or water, to produce ready mix
concrete,transit mix concrete or to sell unhardened or plastic concrete in any form. The site may be used for: (a)pre-cast concrete
assembly and(b)production of concrete for use in precast assembly activities so long as such assembly is at this property or another
site approved by Concrete Supply Go,LLC.
THE NORTH CAROLINA ASSOCIATION OF REALTORSV, INC. AND THE NORTH CAROLINA BAR ASSOCIATION
MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN
ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE
FOR YOUR LEGAL NEEDS,YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU
SIGN IT.
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14131040
BUYER: SELLER:
MLH Holdings,LLC Concrete Supply Co.LLC
B
Name:- By: Henry Batten
Date: Date: t I?/2O Z4
The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in
accordance with the terms hereof.
(Name of Firm)
Date: By:
Page of 8
EXHIBIT A
Tract(Parcel ID 03725310):
BEGINNING at an existing iron pin in the line of Guy B. Kale Property,common comer of the property of
Home Transportation Co. and the property herein described; and runs with the line of Home Transportation Co.
North 02 degrees 33 minutes 33 seconds East 695.34 feet (crossing an iron located 30.12 feet from the center of
the road)to a point in the center of Lakeview Road;running thence, with the center of Lakeview Road, South
87 degrees 22 minutes 00 seconds East324.95 feet to a point;thence, leaving the road, and running South 14
degrees 52 minutes 04 seconds West 723.61 feet(crossing an iron located 29.78 feet from the center of the
road) to a new iron pin in the line of Guy B. Kale Property; thence, with his line,North 83 degrees 24 minutes
05 seconds West 171.12 feet to the point and place of BEGINNING,containing 4.000 acres,more or less, and
described in accordance with a survey prepared by Jack R. Christian, Registered Land Surveyor,dated 7 May
1985.
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