Board of Commissioners  Request for Land Acquisition Transmittal Form Project Name: 1088 and 1096 West Avenue  RATI PICA Tlop  Submission Information  Purpose and Summary of Request For the purchase of1088 and 1096 West Avenue for the Tax Commissioners offices. Toi include a 5-year lease to Bank of America for the existing ATM to remain at 1088 West Avenue-Si00month revenue from the ATM lease.  Contact Name: Jennifer Rutledge Department: Board of Commissioners Property Location: 1088 and 1096 West Avenue  Acreage:n/a Funding Source:  D Department Director/Elected Official Signature dN Date: 193/24  Chief Operating Officer Signature  Ihave reviewed the attached, and iti is approved as to substance. Ihave reviewed the attached, andi iti is approved for processing.  Signature:  Date:  County Attorney Signature  Executive Director of Government Affairs/County Ihaver reviewed the attached, andi iti is approved for processing.  ClerkSignature 1  Ihave reviewed the attached, andi iti is approved as to form.  Signature:  Date: Signature Date:  Date: lo5.4  Chief Financial Officer  Ihave reviewed the attached, andi iti is approved as to form.  Signature:  1  901529    First.American Title. Insurance Company National Commercial Services 121W.Trade St, Suite 2175 Charlotte, NC: 28202 Office Phone(704/376-3503 Office Fax(704)373-0825 Buyer's Settlement Statement  File No: Escrow Officer: Disbursement Date: Property: GA7-555 Buyer:  NCS-401470860A-NC Deborah Stewart/DS  Estimated Settlement Date: 05/16/2024 1088 West Avenue Southwest, Conyers, GA: 30012  Rockdale County, Georgia 958 Milstead Ave., Conyers, GA30012  Seller: 28255  Bank of America, National Association  100 N. Tryon Street, Mail Code NC1-007-25-50, Charlotte, NC  Description  Buyer Charge  Buyer Credit  Consideration Total Consideration Deposits In Escrow Adjustments Initial Title Exam-Cmt Survey Phasel Lease Rent -June Prorations  825,000.00  Receipt No. 111625292 on 03/20/2024 by Rockdale County, Georgia  82,500.00  1,750.00 3,900.00 1,900.00  1,000.00 5,025.42 1,993.55 516.13  C160010008 Est 2024 County Tax 01/01/24 through 05/15/24 @$13,487.33lyr C160010008 Est 2024 City Tax 01/01/24 through 05/15/24 @$5,350.34lyr Lease Rent remainder of May 05/16/24 through 05/31/24 @$1,000.00/mo  Commission Broker: Keller Williams Premier Real Estate Commission Title/Escrow Charges Services Services  24,750.00 1,500.00 250.00  Closing-Escrow Fee to First American Title Insurance Company National Commercial Recording Service Fee tol First American Title Insurance Company National Commercial  Settement Statement Page 1of2 Print Date: 05/16/2024, 9:00 AM    Buyer's Settlement Statement  Settlement Date: Officer:  File No: NCS-401470660A-NC  Deborah Stewart/DS  Description  Buyer Charge  Buyer Credit  Title Update (2) to First/ American Titlel Insurance Company National Commercial Services Policy-Standard. ALTA: 2021 Owner's tol First American Title Insurance Company National  500.00 1,773.75 25.00 2,200.00 863,548.75  Commercial: Services Disbursements Paid Miscellaneous Disbursement Appraisal to Alexander Appraising, LLC  Record Grant Deed to Rockdale County Clerk of Superior Court  Cash (X From)( To) Buyer  772,513.65 863,548.75  Totals  PLEASE NOTE: Ar modification of money-transfer or disbursement instructions can be ai red flag for Online Banking Fraud and could be at trapi for the unwary. Should we knowingly receive such a modification, in thei interest of prudence, we may consider its suspect and call a known and trusted phone number to verifyi its authenticity and accuracy. Your awareness and cooperation  int taking appropriate steps to prevent fraud is greatly appreciated.  See. Attached Signatures  Settlement Statement Page 2 of2 Print Date: 05/16/2024, 9:00 AM    Buyer's Settlement. Statement  Settlement Date: Officer:  File No: NCS-401470660A-NC  Deborah Stewart/DS  BUYER(S):  Rockdale County, Georgia  By:  PA  CEN Nat  Suz024  Title: Chaikman, SAn Cousty Boald Cmmiasionees    ATM LEASE AGREEMENT (Free Standing/Pad Site. ATM)  1088 West Ave. SW, Conyers, GA 30012 [GAW-799]  THIS ATM LEASE AGREEMENT (this "ATM Lease"): is made and entered into on this day of may IL, 2024 (the "Effective Date"), by and between ROCKDALE COUNTY, GEORGIA, a political subdivision of the state of Georgia ("Landlord") and BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association ("Tenant"), who agree as follows:  1.  SUMMARY OF ATMLEASE TERMS:  1.1 PREMISES: Tenant's drive-up ATM facility consisting of automated teller  machine(s) and the NER Room, located on that certain parcelofreal property located at the address shown above (the Property"), as marked with a bold red star on Exhibit "A" attached hereto and incorporated herein by reference (the "Premises") along with Tenant's signage, lighting, equipment and other  improvements constructed thereon.  1.2 PROPERTY: as defined in Section 1.1 above.  1.3 CRITICAL AREA: That portion oft the Property as marked in yellow shown as 1.4 COMMON. AREAS: Those portions oft the Property which are generally available 1.5 OMMENCEMINIDAIE The "Commencement, Date"ist the Expiration Date  such on Exhibit"A".  for use by all tenants on the Property and their respective employees, agents and invitees (the "Common of that certain Building Lease dated of even date herewith by and between Landlord and Tenant (the Renewal Terms that are exercised by Tenant. The Initial Term shall commence on the Commencement Date and: shall expire, ifnots sooner terminated, on1 the last day ofthe calendar month within which thel Fifth (5) anniversary of the Commencement Date occurs (the "Expiration Date"). Tenant, upon written approval by Landlord, may extend the ATM Lease for up to two (2) additional periods of five (5) years each (each, a "Renewal Term" or collectively, the "Renewal Terms"), which are exercisable in  Areas").  "Building Lease").  1.6 TERM: The "Term" oft this ATM Lease shall consist of the Initial Term and any  accordance with Section3.  1.7 BANKINGUSE: Ast used in this ATM Lease, thet term Banking Use" shall mean  the operation of, or use of services for the operation of, automated teller machines or other self-service banking devices capable of accepting and operating with any and all credit, debit, and/or identification cards, or by other means, as may exist in the future through advances in technology, including but not limited to devices used to make. and/or receive deposits, make loans to the general public, open accounts, and provide video or other remote: access to representatives ofTenant, including but not limited tos so-called "ATMs with Teller Assist" and/or "Video Teller Machines" (individually and collectively, as the context  may require, "ATM").  West Ave. Conyers GAW-799 ATMI Lease Agreement    1.8 RENTAL: Years 1-5* Years 6-1 10** Years 11-15**  $1,000.00 per month $1,100.00 per month $1,210.00 per month  * "Years" shall refer to twelve-month periods of time commencing on the Rent Commencement Date, provided that the first Year shall be twelve months plus the period oft time from the! Rent Commencement Date until the end oft that calendar month unless the Rent Commencement Date is the first day ofai month.  Rental shall be pro-rated for any partial month of the Term.  ** Denotes Renewal Term ife exercised. the Commencement Date.  1.9 RENTCOMMENCEMENTDATE: The "Rent Commencement Date" shall be 1.10 DELIVERY DATE: The "Delivery Date" shall be the Commencement Date. LEASEOFI PREMISES. Landlord hereby leases to Tenant, and Tenant hereby leases from  2.  Landlord the Premises for the Term, at the Rental and upon the conditions set forth herein. Tenant and its employees, agents and invitees shall have the non-exclusive right, along with others designated from time to time by Landlord, to the free use oft the Common Areas (including, but not limited to, the non-exclusive access and parking on1 the Property) twenty-four (24) hours per day, seven (7) days per week. shall be exercised, ifata all, by Tenant's giving tol Landlord notice ofr request to renew the Term in writing ofsuch exercise no later than three hundred sixty-five (365) days prior tot the expiration ofthet then-existing Term (Initial Term or Renewal Term, as applicable) of this ATM Lease. Upon receipt of written request of Tenant to exercise an option to renew the Term of the Lease, Landlord shall have thirty (30) days to either approve or deny Tenant's option, in writing. Failure of Landlord to respond in writing within the thirty-day (30) period will be deemed approval ofTenant's exercise to extend the Term ofthe Lease.  3.  RENEWAL TERM. Tenant's respective options to renew the Term for a Renewal Term  4. PREMISES.  CONDITIONS PRECEDENT TO TENANT'S OBLIGATION TO LEASE THE  4.1 Inspection Period. INTENTIONALLY DELETED]. 4.2 Plans and Initial Construction. INTENTIONALLY DELETED]. 4.3 Permits. INTENTIONALLY DELETED]. 4.4 RegulatoryApprovals: INTENTIONALLY DELETED].  4.5 Prohibited Uses. Landlord represents and warrants to Tenant that the Property  shall be used for purposes that are consistent with the operation of a first-class development. Without limiting the generality of the foregoing, the following uses shall not be permitted: pool or billiard hall, massage parlor (other than massage facilities employing certified therapists, e.g. Massage Envy), tattoo parlor or body piercing parlorfestablishment, marijuana dispensaries, any establishment exhibiting pornographic materials or which sells drug related paraphernalia, adult entertainment, video arcade or  gambling facility. West Ave. Conyers GAW-799 ATMI Lease Agreement  2    5.  REPRESENTATIONS AND WARRANTIES.  Landlord represents and warrants to Tenant that, as of the date hereof and throughout the Term:  (a) Landlord has fee simple title to the Premises and Property. (b) Unrestricted access to and from aj publicly dedicated road to the Premises and to utilities necessary for Tenant's operation oft the ATM shall be available through the (c) The execution, delivery and performance of this ATM Lease will not conflict with, be inconsistent with, or result in any breach or default of any of the terms, covenants, conditions or provisions ofa any indenture, mortgage, deed oft trust, instrument, document, lease, license, agreement or contract ofany kind or nature to which Landlordis aparty or by which Landlord or the Premises may be bound and Landlord has received all third party approvals required for Tenant to occupy the Premises, construct its improvements and operate the Banking Use on the Premises. There are no covenants, restrictions, declarations or reciprocal easement agreements which are proposed after the expiration of the Review and Inspection Period to encumber the Property, Tenant's Building and/or the Premises (collectively the "Subsequent Covenants"); (d) Landlord is not a party to any litigation which could adversely affect Tenant'sr rights or entitlements underthis ATMI Lease, or which would otherwise adversely affect the ability ofLandlord toj perform its obligations under this ATM Lease; (e) Tot the best ofl Landlord's knowledge, thel Property and thel Premises are in full compliance witha all state, federal and local laws, ordinances and regulations (including all Environmental Regulations (defined in Section 5(g)) and the provisions of the Americans with Disabilities Act and related state and local laws (collectively, the "ADA")) (collectively "Laws")and willi remain ini full compliance during the Term;  Common Areas to the Premises during the Term;  (f) As of the Commencement Date, there are no tenants or occupants located (g) To the best ofLandlord's knowledge, the Property has not been used as a landfill or a dumpsite and there. are no Hazardous Materials (defined herein) present in, on, upon or under the Property, the Land, soils, ground water or the improvements thereon, if any, in violation ofLaws or posing any threat to human! health, safety and the environment. Hazardous Materials" shall mean () any waste, material or substance (whether in the form of a liquid, a solid, or a gas and whether or not airborne) which is deemed to be a pollutant or a contaminant, or to be hazardous, toxic, ignitable, reactive, infectious, explosive, corrosive, dangerous, harmful or injurious to public health or to the environment, and which is now or becomes regulated in the: future by or under the authority of any applicable local, state or federal law,, judgment, ordinance, order, rule, regulation, code or other governmental restriction or requirement, any amendment or successor thereto, replacement thereof or publication promulgated pursuant thereto (collectively, Environmental. Regulations", and each individually, an' "Environmental Regulation"); (ii) petroleum; (ii) asbestos and asbestos containing materials; (iv) any polychlorinated biphenyl or formaldehyde; and (v) any radioactive material. Landlord shall be solely responsible for the remediation and removal (and all costs associated therewith) of all Hazardous Materials at the Property (including the Premises), unless the existence of such  within the Property currently operating a Banking Use;  West Ave. Conyers GAW-799 ATMI Lease Agreement  3    Hazardous Materials is caused by the gross negligence or willful misconduct of Tenant or itsa agents, employees or contractors during the Term, in which event Tenant shall bes solely Materials or other condition which presents a potential health and/or safety concern to Tenant or Tenant's personnel, customers or invitees requiring abatement or remediation that is not the responsibility of Tenant under this ATM Lease, Landlord shall, at its sole cost and expense, promptly undertake such abatement or remediation in accordance with all applicable Environmental Regulations, and Tenant shall be entitled to a one-day abatement of any of its obligations pursuant to this ATM Lease, including without limitation, its obligation to pay Rental, for each day Tenant is unable to proceed with its construction or installation or operation of Tenant's improvements or operation of the Banking Use within or upon the Premises until such time as Landlord has caused such This Sub-section shall survive the expiration or termination ofthis ATM Lease.  responsible for such costs.  If at any time during the Term, Tenant encounters any Hazardous  Hazardous Materials to be sO abated or remediated.  (h) No employee (or spouse, domestic partner or dependent child of an  employee) of Tenant has a controlling interest in Landlord.  6.  USE.  6.1 Use Rights. The Premises may be used and occupied for the Banking Use and  related uses (including for the sale of proprietary financial products) and for any other legally permitted use. Landlord agrees that during the' Term, Tenant shall have the exclusive right to the Banking Use on the Property and that Landlord shall not sell, lease nor license any portion ofthe) Property to anyone other than Tenant for the Banking Use. Tenant is not required to occupy thel Premises or conduct any business therein, and neither the failure to occupy or operate on the Premises, nor abandonment of the Premises by Tenant,  shall be a default or breach of this ATMLease.  6.2 Lighting and Security. Tenant has the right top provide security and lighting for the  Premises and ATM in accordance with the requirements of applicable Law and Tenant's applicable standards. Tenant will also comply with all other applicable Laws now or hereafter in effect regarding ATMsecurity and lighting standards. Tenant may modify and/or provide additional security and/or lighting inc connection with its ATM at any time. Ifrequired by applicable Law or deemed necessary by Tenant, in its sole discretion, to protect the health and safety of its customers, agents, employees, contractors and invitees, Tenant shall have the right, at Tenant's sole cost and expense and subject to Landlord's prior approval, which approval shall not be unreasonably withheld, conditioned or delayed, to add supplemental security measures and/or lighting (the "Supplemental Security and Lighting") in the Common Areas outside of the Premises. A copy ofTenant's current Supplemental Security and Lighting requirements will the Term, as same may be extended, have the right to erect, install, maintain and operate on, and remove from, the Premises such equipment, trade and business fixtures and other personal property as Tenant may deem necessary or appropriate. Tenant's personal property shall include all cash and securities, computer servers, software, intellectual property and other property which could reasonably be expected to contain customer information and which may be subject to federal regulations as to ownership, possession, storage,  be provided upon Landlord's written request.  6.3 Equipment, Personal Property. Protected Items. Tenant shall, at all times during  disposal and handling (collectively, the "Protected Items").  West Ave. Conyers GAW-799 ATMI Lease Agreement    6.4 Parking. Tenant, its employees, contractors, agents, customers and invitees shall  have the right, at no charge, to use in common with the other tenants and occupants oft the Property, those parking spaces in the closest possible proximity to the Premises, while such persons are using or servicing the ATM. Tenant's armored vehicle contractors who service the ATM shall be permitted, at no charge, to  park in the closest, most secure location reasonably possible in relation to the ATM.  7.  BRANDING AND SIGNS.  7.1 Branding. Tenant shall have the right to maintain, repair and replace all existing  signage. In addition, Tenant shall be entitled, at Tenant's sole cost and expense, to install on the Premises and Tenant's Building, including on the. ATMs, Tenant's standard corporate branding package for a free standing or drive through ATM, including, without limitation, its standard ATM surround and standard ATM canopy and/or sunscreen. During the Term, Tenant shall have the right, at Tenant's sole option and Term to install its standard corporate signage consistent with that which isi installed in Tenant's other free- standing ATM int the Conyers, Georgiar market( (currently as generally shown on Exhibit"B" attachedh hereto and incorporated herein), as well as any directional signage required. Landlord shall not permit any other person or entity to place any signage or advertiseménts for a Banking Use within or upon the Property, (including any extension or renewal thereof) to place one full-width sign panel ("Tenant's Panel") on any pylon or monument sign that may be erected by Landlord to serve thel Building ("Monument Signage") in the future, subject only to all applicable Laws. Tenant shall have the right, at Tenant's sole cost and expense, to update and modify Tenant's Panel from time to time in accordance with Tenant's standard corporate signage, logo, and/or image, without Landlord's consent; provided, however that all such updating and modifications will be in accordance with all applicable Laws and at Tenant's sole cost and expense. In the event there is more than one tenant name on the Monument Signage, Tenant's Panel shall be in the top position. Tenant shall remove Tenant's Panel at Tenant's sole cost and expense upon  expense, to modify such branding, subject only to applicable Laws.  7.2 Signs. Subject only to all applicable Laws, Tenant shall have the right during the  including, but not limited to, thel Premises and the Common Areas, during the Term.  7.3 Pylon/Monument Signage. Tenant shall further havet the right throughout the Term  expiration or earlier termination of the ATM Lease.  8.  RENT.  8.1 Rental. Commencing on the Rent Commencement Date, Tenant shall pay the  Rental stated in Section 1.8 above in lawful money of the United States. Rental shall be payable on the first day of each calendar month. It is understood between the parties that this ATM Lease is intended to be a sO called "gross lease" and that Tenant shall not be responsible for the payment of any additional  charges related to common area maintenance, real estate taxes and/or insurance.  8.2 ACH Payments. Tenant shall have the right to make all payments of rent or  additional rent hereunder via ACH (Automated Clearing House). Landlord agrees to cooperate with Tenant to complete all necessary forms in order to accomplish such method of payment simultaneously with the execution oft this ATM Lease or subsequently, within thirty (30) days of" Tenant's written request. Tenant shall have the right from time tot time during the' Term and any extensions or renewals thereoft to change its method ofr rental payment upon not less than thirty (30) days prior written notice to Landlord.  8.3 Rental Payment Verification. Landlord shall complete and execute al Request for  Taxpayer Identification Number and Form W-9, together with Tenant's required vendor forms (collectively, the "Vendor Forms") simultaneously with the execution ofthis ATM Lease, which Vendor  West Ave. Conyers GAW-799 ATMI Lease Agrecment    Forms are attached hereto and incorporated herein as, Exhibit"". Landlord also acknowledges that ai rent commencement. agreement, substantially in thei form attached! hereto andi incorporated herein as Exhibit"C" and signed by Landlord, confirming the Rent Commencement Date and Term, together with the Vendor Forms, are: required by Tenant prior to its issuance of payments for Rental and Landlord agrees to execute such rent commencement agreement and provide same to Tenant as soon as the Rent Commencement Date  can be determined. 9.  PROPERTYTAXES: UTILITIES.  9.1 Property Taxes. Landlord shall pay all ad valorem property taxes and other taxes  assessed against the Premises. Tenant shall pay all business personal property taxes related to the improvements located within thel Premises. Tenant agrees to pay to Landlord the applicable sales or excise tax due on the Rental payable under this ATM Lease in thosej jurisdictions that impose such a tax. furnished to and used by Tenant at the Premises, which utilities shall be separately metered. Notwithstanding anything to the contrary set forth herein, ifutilities or services shall be unavailable to the Premises for a period oft three (3) consecutive days, due to the negligence or misconduct ofLandlord, its agents, employees or contractors, then Tenant shall be entitled to an abatement ofall Rental attributable to  9.2 Utilities. Tenant agrees to pay before delinquency all charges for any utilities  the entire period ofunavailability. 10. MAINTENANCE.  10.1 Maintenance of Premises. Throughout the Term, Tenant, at its sole expense, shall  maintain the Premises (excluding any Common Areas located on thel Premises) in good condition, ordinary wear and tear, and damage through casualty, condemnation and/or the negligence or misconduct of the Common Areas, including all Common. Areas located on the! Premises, in accordance with standards of first-class retail properties in the Conyers, Georgia area. Landlord shall ensure that the Property remains inc compliance with all Laws, including the provisions of the ADA and is responsible for all ADA-related improvements othert than' Tenant'sl Building. Landlord'sobligation toi maintain the Common. Areas includes rubbish disposal, and removal of any other weather-related sediment or debris (including, without limitation, snow and ice removal). In no event shall Landlord's maintenance of the Common Areas adversely affect pedestrian and vehicular access to and from the Premises or the visibility of Tenant's  Landlord excepted.  10.2 Maintenance of Common Areas. Landlord shall at all times operate and maintain  Building or Tenant's signs.  10.3 Changes to Critical Area. Landlord shall not undertake any modifications to the  Critical Area which will have a material adverse effect on: (a) the visibility of Tenant's Building or Tenant's signs; (b) vehicular and pedestrian access to and from the Premises; or (c) parking within the  Critical Area.  11. ALTERATIONS, AND ADDITIONS. Tenant shall have the right at any time to make any alterations, additions or improvements to the Premises, Building and other improvements as Tenant deems reasonable or appropriate, in its sole discretion, without the prior written consent ofLandlord and without the payment of any additional Rental or other form of rent, provided that such alterations, additions or  improvements shall not reduce the value ofthe Premises. 12. ASSIGNMENT AND SUBLETTING.  West Ave. Conyers GAW-799 ATMLease Agreement    12.1 ByTenant. Tenant may assign this ATM: Lease or sublet the whole or any part of  the Premises, without the prior written consent of Landlord, (i) to any parent, subsidiary or affiliate of Tenant (including a partnership in which Tenant or an affiliate of Tenant is a partner), (ii) in connection with an assignment of Tenant's interest under this ATMI Lease whether by operation of law, sale of assets or as the consequence ofa a merger of Tenant (or Tenant's parent entity) into or with another entity, or a dissolution of or change of control of ownership of Tenant, (iii) to any: financial institution which acquires Tenant or (iv) to any other financial institution. Otherwise, Tenant shall not assign or sublease this ATM Lease to any other third party without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. So long as Tenant remains liable under this ATM Lease, any subrent received by" Tenant (n excess of Rental) shall be the sole property ofTenant. part, all ofits rights and obligations hereunder and in the Premises provided that Tenant shall not be liable forredirection ofl Rental paid to thet transferor unless occurring more than sixty (60) days after written notice ofs such transfer has been provided to Tenant. Landlord shall provide Tenant with at least thirty (30) days prior notice of any assignment or transfer of this ATM Lease, which notice shall include the transferee's  12.2 By Landlord. Landlord shall have the right to transfer and assign, in whole or in  name, address, taxi dentification number, and state and country of formation.  13. INSURANCE.  13.1 Tenant's Insurance.  (a) Tenant shall (i) insure the Premises against loss or damage by fire and other casualties included in the so-called "special causes of loss coverage" in an amount not less than one hundred percent (100%) oft the replacement value thereof, and (ii) insure against property damage and public liability arising by reason of occurrences on or about the Premises in an amount notl less than Five Hundred Thousand Dollars ($500,000.00)in respect of loss or damage to property, in an amount not less than Two Million Dollars $2,000,000.00) in respect ofi injury to or death of any one person, and in an amount not less than Two Million Dollars ($2,000,000.00) in respect of any one accident or disaster. (b) It is agreed and understood that the insurance coverages maintained by Tenant provided for herein may be maintained pursuant to master policies ofi insurance covering other locations of Tenant or its corporate affiliates. It is further agreed and understood that Tenant may satisfy any of the insurance coverages provided herein by umbrella coverage. All insurance policies required to be maintained by Tenant hereunder shall name Landlord (and, if requested by Landlord, Landlord's mortgagee) as an additional insured, as appropriate. Notwithstanding any other provision of this ATM Lease, Tenant shall have the right to assume in whole or in part, without insurance, any and all risks otherwise required by this ATM Lease to be insured against by Tenant. 13.2 Landlord's Insurance. Landlord shall maintain a policy of commercial general  liability insurance on the Property affording minimum protection for bodily injury, death or property damage of not less than Two Million Dollars ($2,000,000.00) in any one accident or occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. Landlord shall deliver to Tenant a copy of a duly executed certificate of insurance reflecting Landiord's coverage required under this Section 13.2. Said insurance shall bei issued and binding on a reputable insurance company selected by Landlord and qualified and licensed to do business in Georgia and having a current Best's Rating of A or better. Landlord's insurance shall be commercially reasonable with the coverage (including the premiums and the deductible) being similar to thei insurance coverage carried by other prudent owners ofretail propetisofappoximately  the same size and character in Conyers, Georgia.  West Ave. Conyers GAW-799 ATMI Lease Agreement  7    13.3 Waiver of Recovery. Anything int this ATMLease toi the contrary notwithstanding,  Landlord and Tenant each hereby waives any claim it ("Injured Party") may now or hereafter have (and tot the extent permitted by applicable law, any claim any ofi its insurers may now or hereafter have based on subrogation or an assignment from its insured) against the other or the other's directors, shareholders, officers, employees or agents (each a "Released Party"), for loss of or damage to any ofInjured Party's property located in or constituting aj part or all ofTenant's Building, the Premises, or the Property, now or hereafter occurring, EVEN: IF THEI LOSS ORI DAMAGE. IS CAUSED BY THE1 NEGLIGENCE OF ANY RELEASED PARTY, OR IF ANY RELEASED PARTY IS STRICTLY LIABLE FOR THE LOSS OR DAMAGE, ifthel loss or damage is covered byi insurance, or ifi the loss or damage could have been covered by the terms of customary all-risk replacement cost property insurance in the state where the Property is located, in each case without regard to the amount of deductible or the amount of proceeds, if any, and  whether or not either or both ofLandlord and' Tenant have any property insurance.  14. INDEMNTFICATION.  14.1 BYTENANT. TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD  HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL LIABILITY, EXPENSE, OR DAMAGE RESULTING FROM A CLAIM OF PERSONAL INJURY, DEATH OR PROPBRTY DAMAGE, TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT OR TENANT'S EMPLOYBES, AGENTS OR CONTRACTORS; PROVIDED, HOWEVER, IN NO EVENT SHALL TENANT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, HOLD HARMLESS TENANT FROM AND AGAINST ANY AND ALL LIABILITY, EXPENSE, OR DAMAGE RESULTING FROM (I) A CLAIM OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OFI LANDLORD OR LANDLORD'S EMPLOYBES, AGENTS OR CONTRACTORS; AND/OR (II) LANDLORD'S BREACH OF ANY REPRESENTATION, COVENANT AND/OR  LOSS OF USE. AND/OR LOSS OR DIMINUTION OF VALUE.  14.2 BYLANDLORD. LANDLORD AGREES TO INDEMNIFY, DEFEND AND  WARRANTY MADE ELSEWHERE IN THIS ATM LEASE.  14.3 HAZARDOUS MATERIALS INDEMNITY. Landlord hereby agrees and shall  indemnify, defend and hold Tenant and its agents, employees, CONTRACTORS, CUSTOMERS AND INVITEES harmless from and against any and all claims, demands, losses, liabilities, penalties and costs (including, without limitation, reasonable attorneys' fees at all trial and appellate levels, whether or not suit isb brought)arising directly ori indirectly from or out of, ori in any way connected with the presence, leakage, escape, emanation, migration or release of any hazardous MATERIALS on, under, above or about the Premises THATWERENOT CAUSED. BY' THE GROSSNEGLIGENCEOR WILLFULMISCONDUCT OF1 TENANT ORI ITS AGENTS, EMPLOYEES OR CONTRACTORS DURINGTHETERM. TENANT hereby agrees and shall indemnify, defend and hold LANDLORD and its agents and employees harmless from and against any and all claims, demands, losses, liabilities, penalties and costs (including, without limitation, reasonable attorneys' fees at all trial and appellate levels, whether or not suit is brought) arising directly ori indirectly from or out of, ori in any way connected with thej presence, leakage, escape, emanation, migration or release ofany hazardous MATERIALS on, under, above or about thel Premises THAT WERE DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT  ORI ITS AGENTS, EMPLOYEES OR CONTRACTORS DURING THE TERM.  15. CONDEMNATION AND CASUALTY.  West Ave. Conyers GAW-799 ATMI Lease Agreement    15.1 Condemnation. If(i) the Premises or any part thereof shall be taken for any public  or quasi-public use under any statute or by right of eminent domain or by any private purchase by any public authority in lieu thereof, (ii) reasonable access to the ATM is materially and adversely impaired in connection with the foregoing, or (ii) parking at the Property is reduced below the minimum required by Law, then in any such event, at Tenant's option, this ATM Lease shall cease and expire on the date on which possession shall bet taken of any part thereof, alll Rental and other charges shall be prorated and paid to such date, neither party shall have any further rights or obligations unless specifically stated otherwise herein and this ATMI Lease shall be ofno further force and effect. Landlord shall be entitled to any award or payment that is payable in connection with the Premises, except that Tenant shall be entitled to that portion oft the award representing payment for improvements constructed on thel Premises by Tenant, trade fixtures, moving expenses, business interruption or loss of profits. Landlord and Tenant agree that this ATMLease shall control the rights ofLandlord and' Tenant with respect to any such award, and any contrary provision of any present or future law is hereby waived to the extent permitted by Law. casualty, Landlord may, at its option, repair any resultant damage. IfLandlord elects to repair any such damage, Landlord shall promptly repair the same at Landlord's sole expense. Ift the Premises is damaged by fire or other casualty, Tenant may, ati its option, repair the damage ati its expense, provided that Landlord shall be responsible fori restoring any Common Areas on thel Premises, andt the utilities serving thel Premises, to the point ofc connection on the Premises, ifand to the extent damaged in the casualty. Tenant is unable to use the Premises for the Banking Use due to any of the events described in this Section  15.2 Casualty. If the Property (excepting the Premises) is damaged by fire or other  15.3 Rental Abatement. Rental shall abate during any period of time during which  15.  16. DEFAULTS: REMEDIES.  16.1 Defaults by Tenant. It shall be a default hereunder if Tenant shall continue in  default int the payment of any Rental or other sum of money becoming due hereunder for aj period of thirty (30) days after receipt by Tenant of written notice of such default, or if Tenant shall default in the performance ofany other ofthet terms, conditions or covenants contained in this ATMI Lease to be observed or performed by it and does not remedy such default within thirty (30) days after receipt of written notice thereof or does not, within such thirty (30) days, commence to remedy the default and thereafter diligently  pursue such remedy.  16.2 Remedies. In the event of any default or breach by Tenant as described above,  Landlord shall have, as its sole and exclusive remedy, the right to terminate this ATM Lease. Landlord shall use commercially reasonable efforts to mitigate damages hereunder. In no event shall Tenant be liable for consequential, indirect or punitive damages, including, but not limited to, lost profits, loss of use and/or  loss or diminution of value.  16.3 Default By Landlord: Remedy. In addition to all other legal and equitable  remedies of Tenant in connection with a Landlord default, if Landlord fails to maintain the Property buildings and Common. Areas as provided for herein, Tenant shall be entitled to terminate this ATMI Lease upon written notice tol Landlord. Notwithstanding the foregoing and without waiving the right to terminate hereunder, ifLandlord fails to maintain the Property and Common Areas as provided for herein and does not cure such failure within thirty (30) days ofreceipt of written notice thereof, Tenant shall have the right, but not the obligation, at Landlord's sole cost and expense, to cure such default, including the payment of monies directly to the party to whom the obligation is owed. Notwithstanding anything to the contrary set forth herein, or elsewhere in this ATM Lease, in the event that such default results in an emergency or hazardous situation and/oras situation which threatens or potentially threatens thel health or safetyofTenant  West Ave. Conyers GAW-799 ATM) Lease Agreement    or its employees, contractors, agents, customers or invitees, and Landlord fails to cure such default immediately upon written or oral notice thereof, whichever is practicable (provided however, that in the event of oral notice, Tenant shall give Landlord written notice thereof as soon thereafter as practicable), Tenant shall havet the right, but not the obligation, atl Landlord's: sole cost and expense, to cure such default. In the event of any payment of monies by Tenant in connection with the foregoing, Tenant shall receive credit toward any Rental due to Landlord to the extent of any payment made or, at Tenant's option, by reimbursement thereof within ten (10) days' ofTenant's written demand therefor. Tenant shall be entitled toaf fair and reasonable abatement of Rental during the time and to the extent that the Premises is untenantable as a result ofLandlord's failure to perform any condition or covenant required by this ATM 17. SUBORDINATION: NON-DISTURBANCE: This ATM Lease will be subject and subordinate to the lien of all current or future mortgages and deeds oftrust: securing any amount or amounts whatsoever which are or may hereafter be placed on or against all or any portion of the Property, or onor against all or any portion ofLandlord's interest or estate therein (each a' Mortgage") only if, when and after Landlord, Tenant and the secured party execute and deliver to Tenant in recordable form a Subordination, Non-disturbance and Attornment Agreement in a mutually agreed upon form (each, an "SNDA"). Upon request byTenant,Landlord shall obtain and deliver to' Tenant an! SNDA from eachl holder ofa Mortgage encumbering the Property and/or the Premises (an "Existing Mortgage") within thirty (30) days from Tenant'sr request. In the event ofai foreclosure ofany Mortgage or any other action or proceeding for the enforcement thereof, or of any sale thereunder, this ATM Lease will not be terminated or extinguished, nor willi the rights and possession ofTenant hereunder be disturbed. Tenant will attorn to the 18. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any lien it has against Tenant, Tenant's Building, ATM, Protected Items and any other Tenant's property in the Premises, except for any judgment lien that may hereafter arise in favor of Landlord, excluding with respect to Tenant's 19. SURRENDER OF PREMISES. Tenant shall at all times be considered the owner and original user of Tenant's Building, the ATM and all other Tenant improvements, as well as of any equipment and personal property, including Protected Items. Upon the expiration or any earlier termination of this ATM Lease, Tenant shall within ninety (90) days after the expiration of this ATM Lease, remove from the Premises, the ATM, and all equipment and other personal property including Protected Items installed in, on or about the Premises, provided that any damage caused to the Premises by virtue ofs such removal shall be repaired at the sole cost and expense ofTenant. Tenant may elect to surrender all other improvements with the) Premises. In no event shall Tenant be responsible for the removal ofany concrete  Lease to be performed by Landlord.  person who acquires Landlord's interest hereunder through any such Mortgage.  ATM unit and/or Protected Items.  pad upon which the ATM was erected.  20. HOLDOVER. IfTenant remains in possession of the Premises after the expiration of the Term, such possession by Tenant shall be deemed to be a month-to-month tenancy, terminable on thirty (30) days' notice given at any time by either party and' Tenant shall pay monthly an amount not to exceed one hundred twenty-five percent (125%) oft the Rental paid by Tenant during the last month oft the Term. In no event shall Tenant be liable for any consequential and/or indirect damages suffered by Landlord by reason ofTenant's holdover. All other provisions ofthis ATM Lease, except those pertaining to the Term,  shall apply to this month-to-month holdover tenancy.  21. TIME OF ESSENCE. Time is of the essence with respect to each and every provision of this ATMLease. In the event thet time of! performance ofany matter to be performed by Landlord or Tenant falls on a Saturday, Sunday, or a legal holiday under the laws oft the United States or the State of Georgia, the time of performance for such matter shall be extended until the next following business day that is not  West Ave. Conyers GAW-799 ATMI Lease Agreement  10    a Saturday, Sunday, or legal holiday. Unless expressly stated to the contrary, any time for performance between the parties hereto with respect to the transaction contemplated by this ATM Lease shall be 22. NIERPAETATONOEATMI LEASE: VENUE. This ATML Lease shall bec construed and interpreted in accordance with the laws and decisions of the State of Georgia. Venue for any action 23. BINDING EFFECT. This ATM Lease shall be binding upon the parties hereto and their 24. INTEGRATION. This ATMLease andi the documents specifically referred tol herein, upon acceptance by the parties hereto, shall constitute the sole and only agreement between Landlord and Tenant as to the subject matter hereof and are intended by each to constitute the final written memorandum ofall oftheir agreements and understandings with respect to this transaction. No representations or warranties, express or implied, and no promises or prior agreements whatsoever have been made, agreed to or entered into by Landlord or Tenant which are not expressly set forth herein; andi ifLandlord or Tenant has attempted to make such representations, warranties, promises or prior agreements, the same are each superseded 25. ATTORNEYS FEES. If any legal action or other proceeding is brought for the enforcement of this ATMLease, or because ofan alleged dispute, breach or default ofthis ATM Lease, or to interpret this ATM Lease or any of the provisions hereof, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding whether ori not the action or proceeding goes toi final judgment, in addition to any other reliefto which the successful  governed according to Eastern Time Zone.  regarding this ATM Lease shall bei in Conyers, Georgia. respective successors, assigns and transferees, where applicable.  hereby and waived.  or prevailing party may be entitied.  26. COUNTERPARTS. This ATM Lease may be executed in any number of counterparts with the same force and effect as ifa all signatures were appended to one document, each of which shall be 27. INVALIDITY. Ifany term or provision of this ATMI Lease or application thereofi is held invalid or unenforceable as to any party, the balance oft this ATM Lease shali not be affected thereby, and each remaining term and provision oft this ATM Lease shall be valid and shall be enforced to the fullest  deemed an original.  extent permitted by law.  28. NOTICE. Except as otherwise provided in this ATMLease, all notices and demands given by either party to the other hereunder shall bei in writing and shall be hand delivered, or sent by (a) certified U.S Mail, return receipt requested, or (b) nationally recognized overnight courier for next business day delivery, or (c) electronic mail to the electronic mail address shown below, which notification by electronic mail shall be accompanied by notice sent in accordance with one ofthe other foregoing methods on the day the electronic mail is sent, or on the following business day. Notices and demands shall be deemed delivered when received or when delivery is first refused, whichever shall first occur, except that for notices sent via electronic mail, a message received indicating that delivery was unsuccessful or that the recipient  is out ofo office shall not be deemed to be receipt.  29. NON-WAIVER. Any waiver or breach of the covenants herein contained to be kept and performed by either party hereto shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the other party hereto from declaring a forfeiture, termination or cancellation for  any succeeding breach, either ofthe same condition or covenant or otherwise.  West. Ave. Conyers GAW-799 ATMI Lease Agreement  11    30. CONSTRUCTION. The agreements contained herein shall not be construed ini favor ofor against either party, but shall be construed asi ifall parties prepared this ATM Lease. Masculine and neuter genders, the singular number and the present tense shall be deemed to include the feminine gender, plural number and past and: futuret tenses, respectively, where the context so requires. The section headings herein are used only for the purposes of convenience and shall not be deemed to limit the subject of the sections 31. DIGITAL MAGING. The parties agree to accept a digital image oft this ATM Lease, as executed, as a true: and correct original and admissible as best evidence fort thej purposes ofstate law, Federal 32. QUIET ENJOYMENT. Upon paying the Rental and observing and performing all ofthe covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant 33. COMMISSION. Landlord represents and warrants to Tenant, and Tenant represents and warrants tol Landlord that, except as provided for herein, neither party has incurred any liability, contingent or otherwise, for brokerage or finder's fee or agent's commissions or other like payments in connection with this ATM: Lease, or the transactions contemplated hereby. EACH PARTY HEREBY AGREESTO DEFEND, HOLD HARMLESS AND INDEMNIFY THE OTHER FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION OR DAMAGES RESULTING FROM A BREACH OF SUCH  hereof.  Rule of Evidence 1002, and the like statutes and regulations. shall have quiet possession oft the Premises for the Term.  REPRESENTATION AND WARRANTY.  34. FORCEMAJEURE. The parties shall not be liable for any delay in performance or failure to perform any term or condition of this ATM Lease caused by (a) fire, (b) explosion, (c) accident, (d) flood, (e) strike, (f) any regulation, rule or act of governmental. agency precluding performance, (g) any act ofGod, (h) armed conflict, (i) civil commotion, () any failure by any network group or financial institution which has an agreement with Tenant to provide any of its ATM services, (k) any failure beyond either party's control by any utility services (e.g. electrical, elecommunications), or (I) any failure on thej part of the ATM supplier to timely deliver and install the ATM, and all Rental payments shall abate during the  period ofa any such events.  35. AUTHORITY Tenant and Landlord each warrant and represent to the other that each person signing this ATMI Lease on such party's behalfhas authority to do sO and to bind such party to the terms, covenants and conditions herein. Each: shall deliver to the other promptly upon request all documents reasonably requested by the other evidencing such authority. Ifapplicable, each oft the entities comprising the "Landlord" hereunder shall be jointly and severally liable under this ATM Lease, and the term  "Landlord" shall include each as well as all of them.  36. DISPUTE RESOLUTION. Landlord and Tenant agree that, other than an action by Landlord to obtain possession oft the Premises or any action which seeks reliefwhich can only be obtained by court proceeding, any action or proceeding by either of them against the other arising out of or in connection with this ATM Lease, Tenant's use or occupancy of the Premises, or any claim of injury or damage occurring in or about the Property or the Premises shall, upon the motion of either party, be submitted to general judicial reference for the state of Georgia (the "Judicial Reference Statutes"). The parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the judicial reference proceeding. The general referee shall have the authority to try all issues, whether of fact or law, and to report a statement of decision to the court. To the extent not inconsistent with the. Judicial Reference Statutes, Landlord and' Tenant shall use the procedures for arbitration and judicial reference, if any, adopted by. Judicial Arbitration and Mediation Services/Endispute ("JAMS"), as relevant, orifJAMS isno longer in existence or available in this geographic location, thej parties shall use those ofthe American  West Ave. Conyers GAW-799 ATMI Lease Agreement  12    Arbitration. Association pertaining to commercial real estate to supplement the Judicial Reference Statutes, provided that the following rules and procedures shall apply in all cases unless the parties agree otherwise:  36.1 The proceedings shall be heard ini the City of Atlanta, Georgia;  36.2 Absent agreement to the contrary by the parties, thei referee must be aretiredj judge.  Unless otherwise agreed, JAMS shall provide a list of three retired judges to the parties who may each strike one: from the list, and the parties shall consent to appointment ofthe remaining person as the referee. IfJAMS is no longer in existence or available in this geographic location, then the American Arbitration Association shall provide said list. Ifneither is ine existence, then the trial court shall appoint the referee; the entity providing the reference services, or, if no entity is involved, by the court with appropriate  36.3 Any dispute regarding the selection of the referee shall be resolved by JAMS or  jurisdiction;  36.4 The referee may require one or more pre-hearing conferences;  36.5 The parties shall be entitled to discovery as allowed under state law. The referee 36.6 A stenographic record of the trial may be made, provided that the record shall 36.7 The referee' s statement of decision shall contain findings of fact and conclusions 36.8 The referee shall have the authority to rule on all post-hearing motions int the same The statement of decision of the referee upon all oft the issues considered by the referee shall be binding upon the parties, and upon filing of the statement of decision with the clerk oft the court, or withi the judge where there is no clerk, judgment may be entered thereon. The decision of the referee shall be appealable as ifrendered by the court. This provision shall in no way be construed to limit any valid cause BY INITIALING BELOW, THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE FOREGOING AND ACCEPT THAT BY CHOOSING JUDICIAL  shall oversee discovery and may enforce all discovery orders in the same manner: as any trial court judge; remain confidential except as may be necessary for post- hearing motions and any appeals;  of law to the extent applicable; and manner: as a trial judge.  ofaction which may be brought by any of the parties.  REFERENCE THEY ARE GIVING UPTHE RIGHT TOAJURY TRIAL.  1. Landlord's initials  2. Tenant'si initials  l  IN ANY ACTION OR PROCEEDING ARISING HEREFROM, LANDLORD AND TENANT HEREBY CONSENT TO (I) SUBJECT TO THE FOREGOING PROVISIONS OF THIS SECTION36, THE. JURISDICTIONOF, ANY COMPETENTCOURTWITHIN THE STATEOF GEORGIA,AND() SERVICE OF PROCESS BY ANY MEANS AUTHORIZED BY GEORGIA LAW. THE PROVISIONS OF THIS SECTION 36 SHALL SURVIVE THE EXPIRATION OF THE ATM LEASE TERM OR 37. SUCCESSORS AND ASSIGNS. All covenants and obligations contained herein shall bind, extend andi inure tot thel benefit ofthes successors and permitted assigns ofeachofLandlord. and' Tenant,  EARLIER TERMINATION OF THIS ATMLEASE.  and shall inure to the benefit ofLandlord's mortgagee and its successors and assigns.  West Ave. Conyers GAW-799 ATMI Lease Agreement  13    38. CANCELLATION OPTIONS. The parties shall have the option to terminate this ATM  Lease in accordance with the following terms:  38.1 Termination Option. Tenant shall have the right to terminate this ATM Lease at  any time upon ninety (90) days' prior written notice to Landlord.  38.2 Transaction Termination. INTENTIONALLY DELETED]. 38.3 Store Closure Termination Option. INTENTIONALLY DELETED). 38.4 Plans: Permits: Approvals. INTENTIONALLY DELETED].  38.5 Subsequent Covenants. Tenant shall have the right to terminate this ATM Lease 38.6 Conditions Precedent. In the event (a) any oft the items listed in Section 41 have not  upon thirty (30) days' prior written notice to Landlord if any Subsequent Covenants prevent or materially interfere with the development or operation oft the Premises fort the Banking Use or the access to the ATM. been completed and/or satisfied by the expiration of the noted timelines, (b) any of the representations of Landlord in Section 5 prove to be materially inaccurate, or (c) Landlord declines to remediate an environmental condition as provided fori in Section 5(g), Tenant may terminate this ATMLease following, as applicable (x) the expiration of the noted timelines, (y) within thirty (30) days following the day that Tenant has actual knowledge that any ofLandlord's representations are: materially inaccurate, or (z) receipt ofwritten notice that Landlord will not remediate an environmental condition, by delivering to Landlord  written notice thereof.  38.7 Casualty. Tenant may terminate this ATM Lease by written notice to Landlord if  following a casualty event (a) Tenant is not able to obtain permits to restore the Premises without payment ofexcessive fees or costs or the satisfaction of unusual conditions, (b) Tenant is prevented from restoring the Premises by events or conditions beyond its reasonable control, or (c) the Property is damaged to an extent that' Tenant's use oft thel Premises is materially and adversely affected and (w) Landlord elects not to repairs such damage within thirty (30) days from the date ofsuch casualty and' Tenant receives notice thereof within such period oft time, (x)Landlord elects to repair such damage, but it is reasonably anticipated that such damage shall take more than one hundred eighty (180) days to repair, or (y) Landlord elects to repair such damage and such repairs take more than one hundred eighty (180) days to complete, or (d) upon a terminate this ATM Lease by written notice to Landlord if Landlord fails to deliver an SNDA from  total destruction oft the Property.  38.8 Subordination, Non-Disturbance and Attornment Agreement. Tenant may 38.9 Effect ofTermination. Any notice of termination under this Section 38 may be  Mortgagee (ifapplicable) within thirty (30) days following Tenant's request.  delivered on behalf of Tenant by its attorneys. As of any termination date identified in this Section 38 (each, a "Termination Date"), this ATMI Lease and the obligations oft the parties hereunder shall terminate and this ATM Lease shall be null and void, excepting those obligations which expressly survive the expiration or any earlier termination hereof, provided each party shall pay tot the other all sums and charges due and owing through and including the Termination Date, and in connection with a termination under Sections 38.2 or 38.4 the terms and provisions of Section 19 relating to Tenant's obligation to restore the Land or Premises shall apply. In the event of termination under Sections 38.5, 38.6, 38.7, 38.8 or ifthis ATMLease ist terminated: following al Landlord default hereunder, Tenant shalll have no obligation to restore the Land orl Premises and] Landlord shall within thirty (30) days following the Termination Date, reimburse Tenant for its costs associated with the Plans and Permits for Tenant's Building and ATM and all related  West Ave. Conyers GAW-799 ATMI Lease Agreement  14    construction and installation expenses. Any sum due and owing by a party hereunder which cannot be determined as ofthe' Termination Date shall bej paid within thirty (30) daysafterr receipt ofa final statement 39. CONFIDENTIALITY Landlord and Tenant and their respective personnel, agents and representatives shall keep in strict confidence all information furnished hereunder concerning their respective businesses (the "Confidential Information"). Notwithstanding any other terms of this ATM Lease, nothing shall prohibit Tenant from disclosing any of the Confidential Information to any governmental agency, regulatory authority or self-regulatory authority claiming to have authority to regulate or oversee any aspect ofits business, including, without limitation, bank and securities examiners. 40. TRANSFER DECLARATIONS. If applicable, the parties hereto agree that they will execute, acknowledge, and deliverany required transfer declarations so the same may be timely filed and/or recorded in the applicable governmental office. Recording charges, ifany, shall be paid by Tenant. 41. ECOBDNGHORTPORMOF, ATMLEASE. This ATM Lease shall not be recorded but the parties hereto agree that if Tenant and Landlord elect to record a short form of lease, they will execute, acknowledge, and deliver a short form of lease to the end that the same may be recorded in the official records to the County Clerk for the County in which- the Premises is located, in the form similar to that attached hereto as Exhibit "E" and incorporated herein by reference. Recording charges shall bej paid  therefor. The foregoing obligation shall survive termination ofthis ATMI Lease.  by recording party.  42. ECONOMIC SANCTIONS COMPLIANCE.  (a) Landlord represents that neither Landlord nor any of its subsidiaries or, to the knowledge of the Landlord, any director, officer, employee, agent, affiliate or representative oft thel Landlord, or any third party to whom Landlord directs Tenant toi make any payments required by this ATM: Lease, is an individual or entity ("Person") currently the subject of any sanctions administered or enforced by the United States Department of Treasury's Office of Foreign Assets Control ("OFAC"), or other relevant sanctions authority (collectively, "Sanctions"), nori is the Landlord located, organized or resident in a country or territory that is the subject of Sanctions; and Landlord represents and covenants thati itl has not knowingly engaged in, ist not now knowingly engaged in, and shall not engage in, any dealings or transactions with any Person, or in any country or territory, that is the subject of Sanctions, unless allowable under applicable law, rule or regulations. (b) Likewise, Tenant represents that neither Tenant nor any ofi its subsidiaries or, to the knowledge of the Tenant, any director, officer, employee, agent, affiliate or representative oft the Tenant is al Person currently thes subject of any Sanctions administered or enforced by the United States Department of Treasury's Office of Foreign Assets Control, or other relevant sanctions authority, nor is the Tenant located, organized or resident in a country or territory that is the subject of Sanctions; and Tenant represents and covenants that it has not knowingly engaged in, isi not now knowingly engagedi in, and shall not engage in, any dealings or transactions with any Person, or in any country or territory, that is the subject of Sanctions, unless allowable under applicable law, rule or regulations. (c) Landlord and Tenant each hereby agrees to indemnify, defend and hold the other harmless from and against any and all claims, losses, and damages (including attorneys' fees and costs) arising from or related to any breach of the foregoing  certifications.  West Ave. Conyers GAW-799 ATMI Lease Agreement  15    (d) Landlord shall provide Tenant with at least thirty (30) days' prior notice ofany assignment ort transferofthis. ATMLease, whichi notices shall include thet transferee's name, address, tax dentification number, and state/province and country oft formation.  [SIGNATURE PAGES TO FOLLOW)  West Ave. Conyers GAW-799 ATMLease Agreement  16    IN WITNESS WHEREOF, this ATM Lease has been executed by the parties hereto as ofthel later  ofthe dates accompanyingas signature by Landlord and' Tenant below.  LADOADSCNATURETION  LANDLORD:  ROCKDALECOUNIY, GEORGIA, a. political subdivisionefthe; state of Georgia  By: Name: OShoEA  Sh    Title: Chaipnay, Keklale boakd of Date ofLandlord's  y Signature: Haylk 2024  Contact information for) Notices: Rockdale County, Georgia, apolitical subdivision oft the state of Georgia Attn: Andrew. Hammer Telephone: 678.387,7081 Email: andrew.lammer@mekdalecountvgagov  West Ave. Conyers GAW-799 ATMLease. Agrecment  17    TENANTSSIGNATUREPAGE  TENANT:  BANK OF AMERICA, NATIONALASSASSOCIATION,  anational banking association  By: Name: Kathleen Title: Vice President  C570599  hse  Date ofTenant's Signature: May N, 2024  For information about how Bank of America protects your privacy, including California specific  rights that may apply, please visit www.bankofamerica.com/privacy.  Contact information for Notices: Via email to:  notice@bofa.com using the Subject: Property ID(GAW-799)  With al hard copy to: Bank of America, National Association  1001 N. Tryon Street Mail Code NCI-007-25-50 Charlotte, North Carolina 28255 Property ID: (GAW-799)  West Ave. Conyers GAW-799 ATMI Lease Agreement  18    EXHIBIT"A" PREMISES & CRITICAL AREA  &y  ha Re  P  SURVEY DRAMING  CriticalA Area    PE  )  - 2  7 2  -  West Ave. Conyers GAW-799 ATMI Lease Agreement  19    EXHIBIT"B" TENANT'S SIGNAGE  Restaurants a Hotels @ Things todo Transit 1 P Parking  Sign  E  Byers  Google  West Ave. Conyers GAW-799 ATMI Lease Agreement  20    FANKOFAN AMERICA Drve-thuAT  D  Clearance 9ft. 6in. SSing4'5W'x7* Do Not Enter SS2ng-4'5WX7* F  A P1-Bng Branded directional Sign3'high $ B  Drive-thaAM  E  SideA  SideB  Dahe-thuAM 1  Adve-IhAIM €  BANK QR AMERICA D3ng 9: 5"x17 7, capl height5 5X, 15s sqft Ifdenied, D2ng7 7'1 117 7/8") X1'4W, caph helght4 4W,10.8sqi  C  P1-ng Directional sign 3'high  Pi-ng Directionals sign 31 high  G  ATM Clearance! bar; providedby Companion- validateifp present/ifno canb bes added?  West Ave. Conyers GAW-799 ATMI Lease Agreement  21    OMBI NO.2 2502-0265  B.TYPEOFLOAN  1FHA ZFMHA 3.JCONV. UNINS. 4.LVA S.JCONVINS.  u.B. DEPARIMENT OFH HOUSINGE & UREIAN DEVELOPMENT G. FILENUMBER: SETTLEMENT STATEMENT  7. LOANNUMBER:  B. MORTGAGE INSO CASL NUMBER:  NAMEANDA ADDRESS OFS SELLER: Allanlel Defairedi Exchange, Inc. Intemedlaryfor DanklA and Manhat Hodges 1001 Pam Orchau Rd. Genshot, GA30642 H. SETTLEMENTAGENE Slicidands &5 Suickland, LLP PLAGEC OSETILEMENT PO. Box70 Conglon, GA 30018  C. NOTE: Thisk fomn ish Amishedloghey youa astelemantal acluals sitiemeni coais Amountsp paill la endbyh thes selllomen! agenko 008 sown. lemsnaikod" 7POC'werpekfo oulskle thec doshg; thoyon shownh ha forhbmotsnapuporas: andens noti inckdedhnh He lotais.  b. NAMEA ANDA ABDRESS OFE BORROWER: Rockiala Counly, Geoigla 1096V WustAvenue Cenyers, GA30012 G. PROPEKIVYLOCATION. 109GV WesIAVORus Conyers, GA30012  E. NAMEANDADDRESSI OFLENDER:  : SETTLEMENT DATE: May21. 2024  SUMMARYOFT 3ORROWERST RANEACTION 106. GROSS/ AMOUNTQUET FROM BORRCWER: 101. Conlrad Salasi Prica 102. PononePupntly. Seillement CheIE o. BoRDHer (na 1400) Adkstpents) NIYITS 106, CV/ToNAL Taxes 107. Couny Tuxus 108. Assessnenls.  SUMMARYO OFS GELLERS TRANSACTION  404. BROSS AMOUNTDUEI TOSELLER: 81,000.00 A01. Coniracl Sals Price 402. Personal Popety.. 34,659.26 403. 404. 405. 406. CayTown Texos 407.County Taxes 408. Assessrnunts 409. 410. 411, 412..  615,000.00  AtstmenlFarlomsP Palbyorhnwns  p o ta  130. GROSS AMOUNTDVEFROME BORRDWER 200. AMOUNIS! BAP PYO ORINE BEHALES OF BORROWERE. 201. Deposil ore GAqLESL money 202. PrincigslAmouds ofNewl.oante). Exisling jonnlekens Bukjectio  848,569.25 420. GROSSAMOUNTDUE7 70S SELLER 600. REDUCTIONS IN/ AMOUNT QUE TOSELLER: 19.900.00 601. Expeas Depork (See Inelnudions) 502, Gellement Chagestos Saller!! Line 14D0). 503. Extsling oan(s) lakens subiactio 504. Payeifc! fsiM Mortgage 505. Puyeifos BecondA Mortgasy 506. B07. Ocpooil dss. asproceeda) 603. 600. 510. Cly/low laxos 2.77713 611.3 Covoly, Tixes 512. Asseesanis 513 514 615, 810. 819.  815,000.00  Advuimentslor.amal Unpeke Bys Selar  Ayatmenls! For/t toms Umpaide Bys Soler  210, Cly/lown X0S 211. Cotnty Taxes 212. Assesemants 214, 215. 216. 617,. 218. 216.  lo 01/01/24 lo 0821/24  to 010124 lo G5/2124  2.777,13  E18. PindBi9QICAlantel Dofeed Exchanga. Inc 12,777.13 620. 70TAL REDUDTION AMOUNTDUES SELLER 000. CASHATS STILEMENTT TO/FROME SELLER 648,650.26 601. GIDSSAIKEA Dug los SelrLins4 420) 12,777.13) 602. Less Reductians Due Saler (Line 520) 835,402.12 603. CASH! 70J6 FROMISELLER  012,222.87 615,000.00 816,000,00 815,000.00 0.00  220. TOTAL RAIDE BVFOR BORROWER 300. CASH ATS SETILEMENTI RGMIOBIRROWER 301.3 GossAmgunt! Duel Fa EperLine.1 120) 302. LeSGA Aroen! Paki ByfFor orur Lne2 220) 303. CASHIX FROM) TOJBORROMER  ME43052    ACKNOWLEDGMENT: OF RECEIT OFS SETTLEMENT: STATEMENT  Borower: ResadaloCarsiGia Seller: ManhuH.Hodgese endDerie'AHodges SuttiamontA Agenf: Sulcklani& Swckinnd,LLP (r70y/65-5480 Placeo/Batfument: RO.Bax70 Cuxngnn,GA 30013 SeitiomlD Dale: May21, 2024 Piopetyl.vsation 1096WestAvenve Coryets, GA30012 ydiNcisastm RockceleCotty. Beoga sy OzNesbl, S.0 Chaiman sy onniler Ruledge, CourlyClerk  SyBMwaRHUDAE Sasamasiswamwemdvtalwmlmawapene ecoipts widelrsenents: mdecomyammaantet ymeinthiat trnaction. utarayhatmedda  Allarlal Dafermdechanga, wHmaiayieDaMiaA  Hodges osizadepuagnaiye Readanipp DaniaA Hoies ltgu 4anaha A Man fCHoyes  Hodgts    ACKNOWLE EDGMENT OFE RECEPY OFS SETTL EMENT STATEMENT Bopower: FeskieCodag Sater: MarahaH, MoDPlAHagN SetensentAgent EemaEMauaup 70)788-5480 Piaseo(Sqllament PO.Bux70 Comakn,GAC01S BellermentOate: Moy21,2024 Propartyl.pcstiont 1086WbatAVEu Conyers, GA30012 mmhmuD4swAsAAtmAwew Baamuiclalrequpis: mdehuengataikent ynantant dmMDKis 1ADA "aENaREtNen aRCRaayCN CA  basaclion. p.smMsEaNe hssreayhallsemaan ABaDalmedEaiaoga: inc, #nmadin/kKPwtdA Hodgos andMarskaH. Hidg Resdenda Sa dgers RUiga  tCREPApSENV  Aauha A Hodges  KDOAGAIEaR:    ACKNOWLEDGMENT OF! RECEPT OF SETTLEMENT STATEMENT  Borower: RockdeleCounly, Geoxgia Seller: ManshaH. Hodges andDeniel AH Hodges Selllement/ Agont: Stickland8 & Striokland, LLP (770)788-5460 Placeofsnillement RO. Box7 70 Covinglon, GA 30015 SottiementDato: May21,2024 PropartyLocation: 1096WestAverue Conyars,GA30012  lhave carefullyn reviewed theHUD-1 Sellement Seemaetendiblabesd: myknowledges andbellef, Iisatuee ande accurate Stafementofs all receipls anddlsbaursemens saiypcaststymnt. transaclion. lfutherc cerlifyt thatlhaver receiveda  copyoftneHUD-16 Sellement Statement. Rockdalec Counly, Georgia By OzNesbitl, 6r, Chalman By Jennifer Ruledge, CounlyClerk  Asantac Deferedi Exchenge, Inc, ash Intlermediaryf for DanielA. Hodges andN MarshaH. Hodges y SamnlamwkinAufrolngl Representative ResiandApproypd Syy By DenieHos MashdH.Hodgss  r  eransha LHodges  MOIPHSREPKADON2    L.SETILEMENT CHARGES 815,000.00 @. 3.0000 % 24,460.00  700.7 TOTAL COMMISGIONI BasedonPdce DMisbno of C0n7S5072 707 700a9FokwEE 701.52446200 702. Conmisalon Pakla aSllement B00,) ITEMS! PAYABLE INS CONNEGT TLONY WITHLOAN B01. Lgen Oiginellanfee 02. Loan Discount AppttisalFen Credt Raport Lendars! InspecknFee. 606,7 Martgege Ins.A App.Fee AssumplonE Fea 311 900,1 ITEMS! FEQUIRED BYLENDER TOBE! PADI IN ADVANCE 901. Intergal Fro 902. MPI Tolins prLeOLoan 903. Hazard Insurance Pemlumfor yeansiD 905, 000. RESERVEST DEPOBITED WITHLENDER 1001. Hazarl Insurnca 1002. Morigage! lesuranco 1093. Ciy/in Taxes 1004, Counly laxes 1005 Assessments 1005, 1007. 1008, 1100. TITLECHARGES 1101.. Saitlament orClosia Foe 1102. Absindi orT TAlas Saarch 1103. Dla Exeminalln., 1194. Tilal InayrangBinder 1105. Docunent Preparalion. 1105. NolayFans 1107. Atlamoy/sFous fcldes above sem endhers: 11061 Tl nsurona ides above en numbers: 700. Lenderso Covenge 710. OMTEr's Covenge 1111. 1H2. 1115. 1245, GOVERMMENTI 3ECORDING ANDI TRANSFER CHARGES 1201. Reconlog Fees: Deed $ 25.00; Mortgaga $ 1202, Gty/County axSlamps: boad 1203 Slate hwStamps Dand 1204. 1205. 1300. ADDITONAL! SETTLEMENT CHARGES 1301. Survoy 1302. Pest Insppujon 1304, 1305, Byryvypat tdfrss  PUDFROM ANOHROM BORBOWERS SELES ANDBAT FUICGKT SATTEME SETTUEMENT 24454.99 0.00 2,200.00  AserWiamsPemeL  Abamerpnlngur  2024-128  Klay days monthE AS monlhs RS months.   monihs RS nonths Gs mentha. 83 nontis RS. months s  %)  monthal lo  per. mants. per month p0r. month gor month, per month per month r monih e month  2 SMSABAMNUP Strickland& ESlicland.LLP to Stickland AS Strikckiand, LLP lo to  2.300.00 500.00 269.00 3.73425  Alls Insumndas Congeny. B15,00.00  3,734.25  Relasas Moripape 815.00:A Matpene  26-00 0.00  1490. TOTAL SETTLEMENT CHARGES Enters onlnaa 103. SactionJardsD2, Benllos  33,054.25  yohne 9.  Slicidand asidgen, LLP, SetkamentAgén:  E  IRAC-IONEDWELE)    CLOSINGI DATE: May21,2024 BUYER(S): SELLER(S): PROPERTY. ADDRESS: 1096 West Avenue LENDER: LOANAMOUNT: NIA  Rockdale County, Georgin Duxiel A. Hodges and Marsha H. Hodges Conyers, GA3 30012 N/A  AGESMINTTOCOOPTAT: ASTOC CORRECTIONS, ERRORS,  AND/OR OTHER DOCUMENTS  The undersigned Borrowers aret today recelving fom ther abover named Lenderal loan sécured by tep The amdersigned Beller, if any ber nemod, are receiving from tke proceeds ofs suck loan all ora partion oft property thep property, which is being soldl lhis date by Sellerst to! Borrowers. Inc consideration ofthe premises, the Borrowers purchase) and Seilers price doh igree lo coopernte pronptly and fully with the Lender the above named closing attonney and loan officer, In the re-execution, herchy correclion and/or complelion of docmmentation required in the1 transaction Bs a result of omissions, lheir causes, ifs same is deemed necessary or desirable by the Lender and/or its closing agent, The typographical undersigned undersiand and or acknowledye that their actions mgreed to! herein may include without initation, the correction or re-execution of notes, security deeds, settlement sitements, truth-u-lending statements and olher doeuments lo correctly reflect the waranty terms deeds, oft transnetion or lo comply with allt requirements ofa any investor, Federal National Mortguge Association, Federal Hone Loant the Corporation, the Veterus Adminisiration or the United States Department afl Housing and Urben Development, The undersignod further agree that IFR for any reasons the funds collecied uo closing forp payment ofo outstanding taxes, assessments, loans, liens, charges and/oro olher encembrances should bet insufficient top pay: such abligations inf full, thep pariesi lo whom suchp were chargos ors shouldi havel been chargeda at closing shall, immediately upon notice from thel Lender ar its The Borowers hereby stale that lheir mailing address in the foresecable future wili be that shown above a different addressi is setf fortal below, andh hereby agree to prompily motlify thel Lendes in writing ofany changesi In theira addresy: anless  referenced above. ofs said and math errors Mangage remit payofis in casl  alla addiional suns as may ber requiredi los satislys such obligatlons.  closing agent,  SPECIALPOWER OFA ATTORNEV AS' TO AGREEMENTTO COOPERATE  KNOW ALL! MEN BVTHESE PRESENTS:  That ()we), undersigned Borrower(s), being desirous ofs atranging for the trunsaction oft thec closing ofp described above togather with the corresponding first mortgage pucchase money lom inade to Borrower(s) purchase the above properly nansed Leuder on snid propery int the abpve staled amount, do hercby name, constitute and appoint the Processor wid the above maned Lender as our tre and! lnwiul attomey in fact aod do athorize said attorney Closing in Allorney faci for Lom (my)(our) panse(s), placu ands stead, lod do all! things ora acis necessary for they purpose oft carrying out and ndditions, changes, allerations or amendments to any documents evidencing! thes above purchase ori loan which eflèctuating may! becomer any for auy roason whatsaever, 50 long as none of the corrections, additions, changes, alterations ar amendments shall Increase necessary any of (my)(our) obligations over and above those set forth inl Ihe contract for sale/purchase endl loan commitment papers nori ine any manner negnte (ny/our) overall intentions as evidcnçed by nll docunents signed RE the closing ofs said purchase and loan. Itis incention los specifically included within tho foregoiag acts, but not lanied thereto, the right to initisl and/or additions, changes ora amendments made pursuantl hcreto alll lanue closhng documants, Thel (erms "loan closing documents" shalli include, but Rot bel limitedt to, the loan appication, sales contraci, amendments tot sales contrnci, tmti-m-lending disclosure, promissory nole, warranty deed, security deed, FHA VA Affidavit of Purchaser and Seller, Termite Lelter, Septic tanklvell letier, flood leter, release papers, forms, payoffy forms, escrow account papers, papers, ande allo other lonn docunentation contemplated by te AGREEMENT TO COOPERATE.  ofi the by and/ur (me)(us), corrections, in our corrections, express sign any PME the papers,    2034. INV WITNESS WIEREOR. (Kwe)k hevel lercuntos ser (myxour)hadla) uda alletmykour)s seal(s). thas sh2ldayofMey.  Signed, oianideiraame pronceet Pabb fooMm Vitoass eshe TArY ANDHEANLEE NotaryPublis. -Statec of Genrgla Rockdale Caunty My Commission Explres Oc14,2 2026  BUYER(s): Kackiak Dy: EN lly: Eur  Ckrk  (Sigauras conieedunk Rdloulgp page)    igned,se itngs Ahullusas Notary Publicd  SELLER(s):  F  Masha Marshat H.Hodges  E4  RE tuaad COUNTY    STRICKLAND & STRICKLAND, ,LLP ATTORNEKSATLAN IBSCONTESSTRETS., PO BOA7P COI7NGTON. GEORGIA3 30015-0070 TELEPHONE (70) 786-5460 FACSIMILE (70)786-5499 Attachment tu) HUD-1 Closing Stntement  This document is attached to and becomes a parl oft the HUD-1 closing statement Section 1445 of the Internal Revenue Code provides that a Purchaser ofa U.S. real property interest must withhokl lax if the seller is a foreign person, To inform the Purchaser that withholding of tax is not required upon this disposition ofal U.S. renl property interest, the undersigned Seller hereby certifies (he following: .Selleri ist not ai resident alien for purposes ofu. S. income taxation. 2. Seller'sU.S. tax identifying number (Social Security Number) is:  int this transaction.  USTAKANDEESIDENCYCERIMICATION:  Daniel A. Hodges Marsha B.. Hodges  3. : Seller'saddressi is:  n. GEORGIAI RESIDENCY CERTIFICATION:  1. The seller or transferor has filed Georgia income tax returns or appropriate extensions have been reçeived for the two income tax years immediately 2. The seller or transferor is in business in Georgia and will continue substantially the same business in Georgia afer the sale or the seller or transferor has real property remaining in the state at the time of closing of equal or greater value than the wishholding tax liability as mensured by the 100p percent property lax assessment ofs such remaining properly; or 3. Thes seller or transferor will report the sale on a Georgia income tax return for the current) year and file it byi its due date; and Ifthes seller or transferor isac corporation orl limited partnership, iti is registered to do business in Georgia, or If the seller or transferor is & partnership or Subchapter "S" corporation or other unincorporated organization it certifies to the buyer or transferee that a composite return isb being filed on behalfoft the nonresident partners, sharehoklers, or menabers and that the partnership, Subchapter "S" corporation, or unincorporaled organization remits the tax on  preceding the year ofsale;or    the gain on behalfo oft the nonresident partners, shareholders, ori members, and the buyer or transferee shall not be required to withhold as ptovided ins said code section. Furthermore, seller acknowledges that this Affidpvit is being given and provided to the buyer or transferee in uccordance with 0,C.G.A. 48-7-128 to show that buyer or transferee Is nat obliguted to remit any funds to the Georgin Dopartment of Revenue asa result of the sale of this property as provided in said Code section. This certificntion may he disclosed to the Internal Revenue Survice and the Georgis Department of Revenue by Purchaser and that any false sfatement made herein ceuld be prnishable by fine, imprisonment er both. Uader penalties of perjury, Seller declares that Seller has examined this certification and to the best of Seller's  loowledge and belief,it itis true, correct and complete, III. OTHER AGREEMENTS:  , Both Seller and Purchaser have reviewed the HUD-1 Closing Statement and direct the Closing Attorney to make the disbursements shown thereon to the 2. Both Seller and Purcliaser agree that if requested by the Closing Attorneys they will fully cooperate in adjusting or re-executing documents in this closing whicht may bei incorrect due to clerical errors, ofmny. 3. Re-Proration of Ad Valerem Taxes: The parties agree to re-prorate laxes upon receipt of the bill in the event the final ad valorem tax bill on the property, when issued, shall be materially different from the figures utilized in 4. Smbstitufe 1099: The HUD-1 Closing statement in (his transaction is being delivered lo the Seller at closing int this transaction as a Substitute form 1099, which Seller acknowledges receipt of by execution thereof. The information shown lhereon will be reported by the Closing Altorneys to the Internal Funt_Ayilabiity Policy: In accordance wilh the State Disciplinary Board oft the State Bar of Georgia interpretation of the requirements of the Code of Professionall Responsibility regarding closing attorneys disbursing against the above-described funds, all parties are hereby notified that this closing is contingent upon, and all Strickland & Strickland, LLP checks ares subject to, the above-described fumds being honored for payment by the financial institution(s) on which said funds are to be drawn, or contingen! upon reccipt Suryey Acknowledguents And Waivers: The purchaser hereby acknowledges receipt ofa copy ofne eurrent survey of thes subject property, if applicable, and ackinowiedges the existence of any set back lines, easemenls and encroachments thereon and accepts the property notwithstanding the  parties indicated thereon.  they pro-ration oft taxesi int this transaction.  Revenue Service as required by) IRSI Regulations.  ofwire transfer,    6101, lfno curren! survey oft te properly was natle, ie purchnser socepts thep property witheut theb benefitoft thes sanun mdu aoknowledges! thatt thpe closiny ntoruy does BoL cerify titla asio suck nuters lhnt wauld bed disclosed bya 7. Suylval As! part of the considerntlun of' ihe sale, the coslesct betwecn de partles Is hyn rfèrence incorporated! herein and mnade n pan hercof, and sball survive! thec closing, mds shall nat merge upons dellvery ofi the deed convaying  uents survay. tikle, Purckaser(s): Rackdale By: OtA GNali,Sr,Chaimmn Aliest: By ÇAA emeTalriy.Comny Clork Ruckdale Couty! Scal Alised)  05/21/2024 05/21/2024  s/ SEAL ROCKIALE dy  Swomiga auds subacribed beforen me, thiszy dayafMay,2 2024. Ah Nolarys Scali  ANDREAHLEE Notary Public. Slates of Georglo Rockdale County My Commission Expires Oat 4,2026    Seller(s): Daniel  05/21/2024  14H  Marsha H Hadgue 05/21/2024 Marsha H. Hodges Swom to ands subscribed befores me, this 21d day ofN May, 2024. eliey bhasag Notary Public (Notary Seal) e WHISAL HOTARY PUBLO B0aA04 GOUNTL.    HUD-1 CERTIFICATION  lhave carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and  accurate statement of allr receipts and disbursements made on my account or by me in thist transaction. (furtber certify that Ihave receivedac copy oft the HUD-I Seftlement Statement.  L,the! Purchaser/Borrower, ackuowledge receipt in full of the loan proceeds, andi ifthe Seller, acknowledges payment int full Ifuhis transaction involves as sale, lagree to adjust the tax prorations shown ont the Settlement Statement whent the actual ad Irthis transaction involves the payoff of any lonus which are secured by the prapervlacknowledg: that Iam the borrower/seller and as such ani responsible in full for payment of thei indebtedness; in the event the payoir for such louns shown on the HUD-1 Settlement statement is for any reason insufficient to fully repny the indebtedness I owe, I will upon Ifthis transaction involves a sale, as part of the consideration therefore, Iagree that the contract between the parties is refèrence incorporated herein and made aj part hereof, and that the teris and conditions thereof shall survive the closing ands shall by Iswear or affire that I am of! legal age: and of sound mind, and that iflam the Seller, I am a citizen of the United Slates of America, or ifa corporation ore other entity, am duly formed under thel laws of the United States of America or one of the States  of ther proceeds due sor me. valorem tax bill ist rendered.  request pays such additional interest or principal as may be required to pay thel loan(s) in fuil.  noti merge upon delivery ofthe deed, thersof, anda affirm my non-foreign status.  Seller(s):  Z01  orha W MarslaH. Hodges  Hdye  To the best ofr my knowledge the HHp-I Settlement statemient which have prepared is a true and accurate account oft the finds which wererépeiyed wag havel beeyfoywill be disbursed by the undersigned: as part oft the: settlement of this transaction.  Date: May21,2024  Seltleyent  i  WARNING: It isac crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. Far detail see: Title 18: U.S. Code, Sections 1001 and Section 1010.