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STATE OF NORTH CAROLINA COUNTY OF CABARRUS AMENDMENT TO AGREEMENT THIS AMENDMENT TO OFFER TO PURCHASE AND CONTRACT ( "Amendment ") is made and entered into this day of October, 2010 by and between CABARRUS CONTY ( "Buyer ") and HELEN MESIMER ( "Seller "). The parties (and Seller's deceased spouse Everette Mesimer) entered into an Option to Purchase and Contract ( "Agreement ") dated December 15, 1986 for the sale by Seller to Buyer of the "Property" (as defined in the Agreement) located on the south side of Mooresville Highway, known as Parcel 54A of the Coddle Creek Reservoir Project in Kannapolis, North Carolina for the "Purchase Price" (as defined in the Agreement) of $8,000.00. The parties desire by this document to amend the Agreement to allow Seller or Seller's heir Kenneth R. Mesimer to repurchase a portion of the Property. In consideration of the above recitals and the terms and conditions contained below, the parties agree as follows: 1. Section 6(d) of the Agreement is amended by deleting "ten (10) years" and substituting in its place the following: In the event that Buyer, or its assigns, determines that all or any portion of the subject property is unnecessary for public use at any time within thirty (30) years of Closing and final payment and is, therefore, excess property, Buyer hereby grants Seller, or their heirs, but not their assigns, a first right of refusal to repurchase all, or any portion of such "excess" property, at the rate of $2,906.13 per acre. 2. Except as specifically modified by this Amendment, the provisions of the Agreement shall remain in full force and effect. In the event of a conflict between a provision of the Agreement and a provision of this Amendment, the Amendment provision shall control. The provisions of this Amendment shall survive the Closing. In WITNESS, this Amendment was executed the day and year first written above. SELLER: HELEN MESIMER BUYER: CABARRUSCOUNTY IM 1 Attachment number 3 F -6 Page 122