NORTH CAROLINA
CATAWBA COUNTY EXTENSION AGREEMENT
THIS AGREEMENT, made and entered into this the 29th day of August, 1997, by
and between HERTH MANAGEMENT, INC. , a North Carolina corporation, hereinafter
referred to as "HERTH"; and WSMP, INC., a North Carolina corporation,
hereinafter referred to as "WSMP";
W I T N E S S E T H:
WHEREAS, HERTH and WSMP have entered into a Management Services Agreement,
dated as of June 23, 1995 (hereinafter, the "Agreement"), whereby HERTH provides
management services to WSMP for a term expiring March 31, 1999; and
WHEREAS, WSMP considers HERTH to have served WSMP well under the terms of
the Agreement, and considers the continuity of management to be essential to
protecting and enhancing the best interests of WSMP and its shareholders; and
WHEREAS, WSMP wishes to insure itself the continuing services of HERTH in
the short-term future, and protect this ongoing relationship for the benefit of
WSMP's shareholders; and
WHEREAS, WSMP considers it to be in the best interest of its shareholders
to encourage the continued management of WSMP by HERTH under the terms and
conditions of the Agreement for an additional period of three years; and
WHEREAS, HERTH is willing to extend the terms of the Agreement without any
further changes or amendment to the Agreement;
NOW, THEREFORE, in consideration of the premises, the parties hereto are
agreed as follows:
1. EXTENSION OF TERM. The term of the Agreement is hereby extended for a
period of three years to expire on March 31, 2002.
2. RESTATEMENT. As amended as hereinbefore set forth, the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have cause these presents to be
executed, this the day and year first above written.
WSMP, INC.
BY: XXXXX X. XXXXX
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President
ATTEST:
XXXXXXX X. XXXXXXXXXX
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Asst. Secretary
(corporate seal)
HERTH MANAGEMENT, INC.
BY: XXXXX X. XXXXXXXXXX, XX.
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President
ATTEST:
XXXXX X. XXXXXXXXX
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Secretary
(corporate seal)
STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
I, Xxxxxxxxx X. XxXxxx, Notary Public for said County and State, certify
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that Xxxxxxx X. Xxxxxxxxxx personally appeared before me this day and
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acknowledged that he is Asst. Secretary of WSMP, Inc., a North Carolina
corporation, and that by authority duly given and as the act of the corporation,
the foregoing instrument was signed in its name by Xxxxx X. Xxxxx, its
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President, sealed with its corporate seal and attested by him as its Asst.
Secretary.
Witness my hand and seal, this the 29th day of August, 1997.
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XXXXXXXXX X. XXXXXX
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NOTARY PUBLIC
My Commission Expires: Oct. 9, 2001
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STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
I, Xxxxxxxxx X. XxXxxx, Notary Public for said County and State, certify
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that Xxxxx X. Xxxxxxxxx personally appeared before me this day and
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acknowledged that he is Secretary of HERTH MANAGEMENT, INC., a North Carolina
corporation, and that by authority duly given and as the act of the corporation,
the foregoing instrument was signed in its name by Xxxxx X. Xxxxxxxxxx, Xx.,
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its President, sealed with its corporate seal and attested by him as its
Secretary.
Witness my hand and seal, this the 29th day of August, 1997.
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XXXXXXXXX X. XXXXXX
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NOTARY PUBLIC
My Commission Expires: Oct. 9, 2001
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