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<br />NORTH CAROLINA
<br />
<br />FOURTH AMENDMENT
<br />TO
<br />PURCHASE AND SALE AGREEMENT
<br />
<br />CABARRUS COUNTY
<br />
<br />THIS FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT (the
<br />"Fourth Amendment") is made and entered into effective this the 9th day of June, 2006, by and
<br />between CABARRUS COUNTY (hereinafter sometimes referred to as "Seller"); and ALLEN
<br />CRAVEN, LLC, a North Carolina limited liability company (hereinafter sometimes referred to
<br />as "Purchaser").
<br />
<br />WIT N E SSE T H : That - -
<br />
<br />WHEREAS, the parties hereto entered into a Purchase and Sale Agreement (the
<br />"Agreement") dated August 15, 2005, pursuant to which Purchaser agreed to purchase and
<br />Seller agreed to sell, the following:
<br />
<br />(a) All that (those) certain lot(s), tract(s) or parcel(s) of improved and/or
<br />unimproved real estate more particularly described in that Deed recorded in
<br />Book 3007, Page 0112, Cabarrus County Registry, and bearing a street address of
<br />51 and 57 Union Street, South, Concord, North Carolina 28025, together with all
<br />plants, shrubs and trees located thereon, and together with all rights, ways and
<br />easements appurtenant thereto, including, without limitation, all of Seller's right,
<br />title and interest in and to the land underlying and the air space overlying any
<br />public or private ways or streets crossing or abutting said real estate (herein
<br />collectively called the "Land"); and
<br />
<br />(b) All buildings, structures (including, without limitation, the "Tower
<br />Building", the" Annex", and the "Drive- Thru"), and other improvements of any
<br />and every nature located on the Land and all fixtures attached or affixed, actually
<br />or constructively, to the Land or to any such buildings, structures or other
<br />improvements (herein collectively called the "Improvements").
<br />
<br />The Land, and the Improvements are therein sometimes collectively called the "Property"; and
<br />
<br />WHEREAS, the parties heretofore entered into an Amendment to Purchase and Sale
<br />Agreement (the" Amendment") effective the 14th day of November, 2005, which, among other
<br />things, extended the Due Diligence Date and the Final Closing Date; and
<br />
<br />WHEREAS, the parties heretofore entered into a Second Amendment to Purchase and
<br />Sale Agreement (the "Second Amendment") effective the 9th day of February, 2006, which,
<br />among other things, extended the Due Diligence Date and the Final Closing Date; and
<br />
<br />WHEREAS, the parties heretofore entered into a Third Amendment to Purchase and
<br />Sale Agreement (the "Third Amendment") effective the 9th day of May, 2006, which, among
<br />other things, extended the Due Diligence Date and the Final Closing Date; and
<br />
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