EXHIBIT C
<br /> OWNER AFFIDAVIT AND INDEMNITY AGREEMENT
<br /> (NO RECENT IMPROVEMENTS AND NO EXECUTORY CONTRACTS FOR IMPROVEMENTS)
<br /> PARTIES: All parties identified in this section must execute this Agreement.
<br /> OWNER: LOUIS AUGUSTUS FENNELL and wife, NANCY JEFFRIES FENNELL, as Co-Trustees of THE LOUIS AND NANCY
<br /> FENNELL LIVING TRUST,u/a dated June 29,2015
<br /> PROPERTY: Lying and Being in Ward Number Four (4)of the City of Concord, Number Twelve (12)Township, Cabarrus County,
<br /> North Carolina,in the Northeastern corner of the intersection of Corban Avenue,Southwest,and Spring Street,Southwest,adjoining
<br /> the property of Weddington and Mitchell and Morris Brothers,and being more fully described as follows:
<br /> BEGINNING at an iron stake in the Northeastern corner of the intersection of Corban Avenue and Spring Street(said iron stake being
<br /> at the edge of the sidewalk on Spring Street and 2.0 feet from the edge of the sidewalk on West Corban Street),and runs thence with
<br /> the North side of Corban Avenue parallel with the 2.0 feet from the sidewalk on said street,North 51 East 75.0 feet to an iron stake,a
<br /> corner of Weddington and Mitchell; thence with their line, North 41-15 West 102.2 feet to an iron stake,a corner of Weddington and
<br /> Mitchell in the line of Morris Brothers; thence with their line,South 53-30 West 73.5 feet to an iron stake at the edge of the sidewalk
<br /> on Spring Street; thence with the edge of the sidewalk on Spring Street,South 39 East 106.5 feet to the BEGINNING,and being the
<br /> same property as conveyed to the Grantor herein named by deed dated February 23,2016, and recorded in Book 11834, Page 0237,
<br /> Cabarrus County Registry.
<br /> DEFINITIONS: The following capitalized terms as used in this Agreement shall have the following meanings:
<br /> • Improvement: All or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or
<br /> landscaping,including trees and shrubbery,driveways,and private roadways on the Property as defined below.
<br /> • Labor, Services or Materials: ALL labor, services, materials for which a lien can be claimed under NCGS Chapter 44A, Article 2,
<br /> including but not limited to professional design services (including architectural, engineering, landscaping and surveying) and/or rental
<br /> equipment.
<br /> • Contractor: Any person or entity who has performed or furnished or has contracted to perform or furnish Labor, Services or Materials
<br /> pursuant to a contract,either express or implied,with the Owner of real property for the making of an Improvement thereon. (Note that
<br /> services by architects, engineers, landscapers,surveyors,furnishers of rental equipment and contracts for construction on Property of
<br /> Improvements are often provided before there is visible evidence of construction.)
<br /> • 120-Day Lien Period: The 120 days immediately preceding the date of recordation of the latter of the deed to purchaser or deed of trust
<br /> to lender in the Office of the Register of Deeds of the county in which the Property is located.
<br /> • Owner: Any person or entity, as defined in NCGS Chapter 44A,Article 2,who has or has had any interest in the Property within the
<br /> 120-Day Lien Period. For the purposes of this Agreement, the term Owner includes: (i)a seller of the Property or a borrower under a
<br /> loan agreement secured by the Property; (ii)a person with rights to purchase the Property under a contract and for whom an
<br /> Improvement is made and who ordered the Improvement to be made; and (iii)the Owner's successors in interest and agents of the
<br /> Owner acting within their authority.
<br /> • Company: The title insurance company providing the title policy for the transaction contemplated by the parties herein.
<br /> • Property: The real estate described above or on Exhibit A and any leaseholds, tenements, hereditaments, and improvements placed
<br /> thereon.
<br /> • All defined terms shall include the singular or plural as required by context.
<br /> AGREEMENT: For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,and as an inducement to
<br /> the purchase of the Property by a purchaser and/or the making of a loan by a lender secured by a deed of trust encumbering the Property and
<br /> the issuance of a title insurance policy or policies by Company insuring title to the Property without exception to liens for Labor, Services or
<br /> Materials;Owner first being duly sworn,deposes,says and agrees:
<br /> 1. Certifications: Owner certifies that at no time during the 120-Day Lien Period have any Labor, Services or Materials been furnished in
<br /> connection with a contract,express or implied,for Improvements to the Property(including architectural,engineering, landscaping or surveying
<br /> services or materials or rental equipment for which a lien can be claimed under NCGS Chapter 44A)nor have any Labor,Services or Materials
<br /> been furnished on the Property prior to the 120-Day Lien Period that will or may be completed after the date of this affidavit OR only minor
<br /> repairs and/or alterations to pre-existing Improvements have been made and Owner certifies such repairs and/or alterations have been
<br /> completed and those providing Labor,Services or Materials for the repairs have been paid in full. The Owner further certifies that no Mechanics
<br /> Lien Agent has been appointed. Owner further certifies that there are no outstanding leases affecting the Property entered into by Owner and
<br /> that there are no parties rightfully in possession other than Owner.
<br /> 2. Reliance and Indemnification: This Agreement may be relied upon by the purchaser in the purchase of the Property,a
<br /> lender to make a loan secured by a deed of trust encumbering the Property and by Company in issuance of a title insurance policy or policies
<br /> insuring title to the Property without exception to matters certified in this Agreement. The provisions of this Agreement shall survive the
<br /> disbursement of funds and closing of this transaction and shall be binding upon Owner and anyone claiming by,through or under Owner.
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<br /> Attachment number 1 \n
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