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<br />5. Counterparts. This Second Amendment may be executed and delivered in several <br />counterparts, and all such counterparts so delivered and executed shall constitute but one and the <br />same instrument. <br />IN WITNESS WHEREOF, Lessor and Lessee have each caused this Second <br />Amendment to be executed by its duly authorized representative(s) as of the day and year <br />indicated below. <br />LESSOR: <br />ENO RIVER PARKING DECK, LLC, <br />a North Carolina limited liability company <br />By: <br />George A. Horton, III, Member/Manager <br />(SEAL) <br />By: (SEAL) <br />James W. Parker, Jr., Member/Manager <br />Date: <br />LESSEE: <br />ORANGE COUNTY, NORTH CAROLINA, <br />a body politic and corporate and a political <br />subdivision of the State of North Carolina <br />By: (SEAL) <br />Name: <br />Title: <br />Date: <br />3 <br />