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3 <br /> Seller's Notice Address: Seller's Notice Copy Address: <br /> Stephen J. Manton,agent None <br /> ESM Associates <br /> Post Office Box 4523 <br /> Chapel Hill,NC 27315 <br /> Purchaser's Notice Address: Purchaser's Notice Copy Address: <br /> County of Orange Geoffrey E. Gledhill <br /> Director of Purchasing and Central Services Coleman, Gledhill& Hargrave, P.C. <br /> Post Office Box 8181 129 E.Tryon Street <br /> Hillsborough,NC 27278 Post Office Drawer 1529 <br /> Hillsborough,NC 27278 <br /> 1.AGREEMENT TO SELL <br /> (a) Seller agrees to sell and convey,and Purchaser agrees to buy the "Subject Premises". <br /> (b) The "Subject Premises" is comprised of the following elements: <br /> (i) the parcel of land located in the municipality,county and state designated in the <br /> Contract Schedule and situated as described in Exhibit A; <br /> (ii) any buildings,structures and improvements located on the land described in Exhibit A <br /> now or before the Closing Date; and all trees and shrubs located on the land described in Exhibit A now or <br /> before the Closing Date; . <br /> (iii) all rights of way or use,riparian rights,water rights,easements, and hereditaments <br /> benefitting or appurtenant to any of the foregoing; and the rents,issues and profits of the land described in <br /> Exhibit A; <br /> (iv) all right,title and interest of the Seller to any land lying in the bed of any street, alley, <br /> or road(open or proposed) abutting the land described in Exhibit A; <br /> (v) all awards arising from a taping pursuant to the right of eminent domain with respect <br /> to the land described in Exhibit A including any award for interference, obstruction or change of grade of <br /> abutting streets, alleys,or roads; <br /> (vi) all causes of action with respect to the foregoing and any recoveries therefrom; and <br /> (viii) the entire estate,right,title,interest,possession,claim and demand of the Seller <br /> therein. <br /> (c) Exhibit A is attached to and is a part of this Contrail. <br /> 2. THE PURCHASE PRICE <br /> (a) Purchaser agrees to pay the"Purchase Price"designated in the Contrail Schedule to Seller. <br /> (b) The Purchase Price shall be paid as follows: <br /> On the Closing Date,Purchaser shall pay the amount indicated as"Closing Payment"in the <br /> Contrail Schedule to Seller by Purchaser's check,certified check or official check of a bank or trust <br /> company. <br /> 3. SELLER'S REPRESENTATIONS AND COVENANTS <br /> (a) Seller represents and warrants as follows: <br /> (i) Seller is the owner of the Subject Premises. <br /> (it) Seller has the full right and authority to execute this Contrail and consummate all of <br /> the transactions contemplated by this Contrail. <br /> (iii) (1)The Subject Premises are free and dear of all"Title Defects"except as may be set <br /> forth on Exhibit C. Exhibit C is attached to this Contrail and is a part of this Contract. <br /> 2 <br />