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7 <br /> C. Buyer and Seller agree to draft and execute temporary construction easements necessary <br /> to facilitate Buyer's construction of the improvements on the final Town approved Plan Set and for other <br /> potential future construction on Seller's New Lot 1. <br /> d. Buyer will provide Seller with an updated Plan Set by June 16, 2025 following Buyer's <br /> receipt of comments on the first submittal to the Town. Seller shall approve or disapprove the updated <br /> Plan Set no later than June 19, 2025. Seller shall continue to have the opportunity to review Plan Set <br /> comments from the Town of Hillsborough and all resubmitted Plan Sets to the Town of Hillsborough. <br /> Buyer will use good faith efforts to work with the Seller to resolve any concerns about comments from <br /> the Town or resubmitted Plan Set. <br /> e. The Parties agree that to the extent there are terms and conditions in this Agreement that <br /> modify terms in the Contract, that the terms and conditions of this Agreement shall control and be <br /> construed as amending the Contract. By way of example, but not limitation, Section 7.4 (e) provided <br /> that "Seller shall cause the Declaration and Easements to be recorded at or prior to Closing". This <br /> Agreement amends that provision of the Contract. <br /> £ Except to the extent this Agreement modifies the Contract, the parties hereby affirm the <br /> terms and conditions of the Contract. <br /> g. This Agreement may be signed in multiple originals or counterparts, all of which taken <br /> together constitute one and the same instrument. This Agreement may be signed and delivered by one <br /> or more of the Parties by electronic means. <br /> IN WITNESS WHEREOF, the Parties have signed this First Amendment to Purchase and Sale <br /> Agreement and Post-Closing Agreement under seal to be effective as of the day and year first above <br /> written. <br /> SELLER: PURCHASER: <br /> Capkov Ventures, Inc. Orange County,North Carolina <br /> By: By: <br /> Name: Name: <br /> Title: Title: <br /> 5 <br /> 4918-0066-5674,v.2 <br />