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coNTRAcT OF SALE <br /> <br />This CONTRACT OF SALE (the "Contract") is made and entered into as of this <br />day of June, 2000, between Cabarrus County, acting as agent for Cabarms County <br />Board of Education, having an address for purposes of this Contract of PO Box 707, <br />Concord, North Carolina (the "Seller") and Benderson Property Development, Inc. <br />having an address at 570 Delaware Avenue, Buffalo, New York 14202 as to an undivided <br />75% interest and Stephen B. Goodman as to an undivided 25% interest. (Collectively the <br />"Purchaser"). <br /> <br /> WHEREAS, pursuant to the terms stated herein, Purchaser wishes to purchase <br />from Seller, and Seller wishes to sell to Purchaser, a 15 acre tract of real property located <br />in Cabarrus County. <br /> <br /> NOW THEREFORE, in consideration .of the sum of TEN DOLLARS ($10.00) <br />and other good and valuable consideration paid by the Purchaser to the Seller, receipt of <br />which is hereby acknowledged, the Seller and Purchaser, intending to be legally bound, <br />hereby agree as follows: <br /> <br />Subject to the provision of N.C.G.S. 160 A - 269, and specific legislation <br />authorizing the design/build construction contemplated by the parties regarding an <br />alternative site for the school's central office complex, Seller agrees to sell or <br />otherwise convey its existing fee interest, and Purchaser agrees to acquire all of <br />Seller's right, title and interest, in and to that certain tract of real property located <br />on Parkway Ave. and U.S. 29, Hwy. 601, containing approximately 15 acres, and <br />having tax parcel number(s) and identified more <br />particularly on the attached Exhibit A (the "Property"). <br /> <br />The Property shall include all mineral rights, buildings and improvements on the <br />Property and alt rights of Seller to all streets, highways, alleys, driveways, <br />easements and rights of way relating to the Property. Purchaser shall accept title <br />to the Property subject t9 sewer, drainage, gas distribution line and main, <br />electrical and telephone easements and other easements and rights of way of <br />record existing as of the Acceptance Date (as hereinafter defined) (the "Pemdtted <br />Exceptions"). Notwithstanding the foregoing, this Contract is contingent upon <br />Purchaser's approval of the legal description for the Property and all <br />encumbrances affecting the Property within twenty (20) days after receipt of the <br />Commitment and the Survey (as both hereinafter defined) relating to the Property. <br /> <br />The purchase price for the Property shall be $1,425,000:00 (the "Purchase Price"), <br />based on $95,000.00 per usable acre (net acreage exclusive of active right of <br />ways). The Purchase Price shall be adjusted based upon the correct acreage as <br /> <br /> <br />