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<br />forth in the Agreement or to enJo~n any threatened or attempted violation of <br />the Agreementj or to obtain any remedies consistent with the purpose of the <br />Agreement. Legal actions shall be instituted in the Superior Court of the <br />County of Cabarrus, State of N.C., or in the Federal District Court in the <br />Middle District, and the parties hereto submit to the personal jurisdiction of <br />such courts without application of any conflicts of laws provisions of any <br />jurisdiction. <br /> <br />IN WITNESS WHBREO~, this Agreement has been executed by Cabarrus County, acting <br />by and through its Commerce Department, pursuant the approval of the project by <br />the Cabarrus County Board of Commissioners, authorizing such execution, and by <br />a duly authorized representative of Land Owner. <br /> <br />Dated this <br /> <br />day of <br /> <br />,2005. <br /> <br />CABARRUS COUNTY, North Carolina <br /> <br />By: <br />John D. Day, County Manager <br /> <br />Attest: <br /> <br />Clerk to the Board (SEAL) <br /> <br />LAND OWNER I Clarke Creek Land Company, LLC <br /> <br />By: <br />Ray A. Killian, Jr., Manager <br /> <br />By: <br />Thomas D. Waters, Manager <br /> <br />State of <br />County of <br /> <br />I, a Notary Public of the County and State aforesaid, certify that <br />personally came before me this day and acknowledged that <br />he/she is Clerk of the Board of Cabarrus County, a North <br />Carolina body politic, and that by authority duly given and as the act of the <br />Board, the foregoing instrument was signed in is name by its County Manager, <br />sealed with the seal of Cabarrus County and attested by him/her as its Clerk. <br /> <br />Witness my hand and official seal this <br /> <br />day of December, 2005. <br /> <br />My commission expires <br /> <br />Notary Public <br /> <br />North Carolina <br /> <br />County <br /> <br />a Notary Public for the said County and State, <br />personally came before me this <br />of and <br />, the due execution of the <br /> <br />I, <br />do hereby certify that <br />day and acknowledged that he is <br />acknowledged, on behalf of <br />foregoing instrument. <br /> <br />Witness my hand and official seal, this the <br />, 2005. <br /> <br />day of <br /> <br />(Official Seal) <br /> <br />Notary Public <br /> <br />My commission expires <br /> <br />20__ <br /> <br />~~ <br />