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OPTION TO PURCHASE WITH DUE DILIGENCE PERIOD THIS OPTION TO PURCHASE WITH DUE DILIGENCE PERIOD (the "Contract "), is made and entered into this day of 2013, by and between Cabarrus County Board of Commissioners (hereinafter together referred to as "Seller "), and Mogensen Mitigation, Inc. a North Carolina corporation, (hereinafter referred to as "Purchaser "). WITNESSETH: WHEREAS, Seller is the owner in fee simple absolute of the following real property, together with all improvements thereon, and all rights and appurtenances thereto pertaining, hereinafter referred to as the "Property ": An approximately 3 -4 acres portion of those certain tracts or parcels of land containing approximately 60 acres, located in Harrisburg, North Carolina, more particularly described in deeds recorded in the Cabarrus County Registry Parcel #1493, Blk #41, Sheet 5517 respectively as such 3 -4 acre portion shall be more particularly shown and described by survey to be performed by Purchaser, at Purchasers expense. WHEREAS, Purchaser desires to purchase from Seller and Seller desires to sell to Purchaser a conservation easement (the "Easement ") on portions of the Property identified, and Purchaser has requested that Seller grant and convey to Purchaser the right and option to purchase said Easement, together with a twelve month Due Diligence Period to inspect the Property which includes the Easement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, Seller and Purchaser promise, covenant and agree as follows: I. GRANT OF OPTION TO PURCHASE EASEMENT AND DUE DILLIGENCE PERIOD 1.1 Seller hereby grants and conveys to Purchaser, subject to and upon the terms and conditions set forth in this Contract, an exclusive and irrevocable right and "Option to Purchase" the Easement herein described, together with a "Due Diligence Period" of Twelve (12) months beginning the day this Contract is executed by both parties or upon the final signatory and terminating at 5:00 pm on the first anniversary said date. During the Due Diligence Period the Purchaser (pursuant to Section VII below) will inspect the Property and coordinate with several regulatory agencies to decide if Purchaser does, in fact, desire to exercise its Option to Purchase the Easement. II. 1 2013 Base Option Attachment number 1 G -9 Page 199