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HomeMy WebLinkAboutSW8120507_HISTORICAL FILE_20141210STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 t2050"� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS Ly HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 10 YYYYMMDD Project Name: Project Location: ament(s) (1 original i with correct/original L—+Orication with correct/original ElCorp or LLC: Sig. Auth. pert ®-/as $505 (within 6moJ b Report with SHWT nations (signed/sealed) �W No obvious errors D ®Density includes common areas, etc an ryi /f a (Deed Restrictions, if subdivided: 0 Q..+ t Msiened & Notarized BMP except LS/VFS and swoles) 11 ®Ue-e d /Ii-9'fDrIl YL - MEmail Address: Design Engineer Plans El2 Sets ®Grading MVicinity Map I (Legend Email Address: Owner Note to Reviewer: ,fix ev &.—c( JIL ®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ElWetlands: Delineated or No Wetlands ®Layout (proposed BUA dimensions) MDA Maps ®Project Boundaries Infiltration Wet Pond Offsite Soils Report ®Soils Report ElPE Cert for Master Lot #: HWT: ®SHWT: ®Deed Rest for Master ®Lot # Matches Master lSisited: ottom: PP: BUA Permitted (Master): sf BUA Proposed (Offsite): sf Additional Information: u.•^^nccd• BUA (sf) DA (sf) rut it, vpwc... -r__-_. PP (el) SHWT (el) Depth (ft) / SA (sf) HEALTONS' CO mmerclalAillance RERE" North Carolina Association of REALTORSo AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between '-" a(n) North Carolina LLC ("Buyer"), and (individual or State of formation and type of entity) a(n) South Carolina LLC ("Seller'). (individual or State of formation and type of entity) FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Property": (Address) 14456 Hwy 17, Hampstead NC 28443 Plat Reference: Lot(s) 1 , Block or Section , as shown on Plat Book or Slide 53 at Page(s) 68 Pender County, consisting of 1.39 acres. 0 If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated herewith by reference, (For information purposes: (1) the tax parcel number of the Property is: 32828630550000 and, (ii) some or all of the Property, consisting of approximately 1 .39 acres, is described in Deed Book 4084 ,Page No. 38 Pender County.) together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any, itemized on Exhibit A. S (b) "Purchase Price" shall mean the sum of am Dollars, payable on thefollowing terms. $ (i) "Earnest Money" shall mean Dollars Of terms as follows: NA you um Agreement necoming a contract in accordance with Section 14, the Earnest Money shall be promptly deposited in escrow with (name of personlentity with whom deposited), to be— " -arter sr- a tt Pule! n hosing; or disbursed as agreed upon under the provisions of Section 10 herein Page I of 8 ® This form jointly approved by: STANDARD FORM 580.T North Carol' c Ion Revised 58013 REALTORm North tin aeon REALTORS0, In Buyer 'pal 07/2013 Y Seller Initials �_ J^ EaYWan..0 anlim¢d eRE, 213 S. xm A.mw w 'n",Wn M,one; 910ar0.9fla Fu: �aN+ kf4�r oEuceO ^'� zlPFomA by z p ogi. 190r0 Fiticen Mfle RoaO. Fraser, MiUlryn a8028 OCT 3 1 2014 ❑ ANY EARNEST MONEY DEPOSITED BY BUYER W A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box) ❑ ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PVRCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Number is: ) ❑ ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. 00 Proceeds of a new loan in the amount of Dollars for a term of _ years, with an amortization period not to exceed years, at an interest rate not to exceed % per annum with mortgage loan discount points not to exceed % of the loan amount, or such other terms as may be set forth on Exhibit B. Buyer shall pay all costs associated with any such loan. (iii) Delivery of a Promissory note secured by a deed of trust, said promissory note in the amount of Dollars being payable over a term of years, with an amortization period of years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate of percent ( %) per annum in the amount of $ , with the first principal payment beginning on the first day of the month next succeeding the data of Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. H the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.) (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such obligation having an outstanding principal balance of $ and evidenced by anote bearing interest at the rate of percent ( %) per annum, and a current payment amount of $ . The obligations of Buyer under this Agreement are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lender's approval, Buyer agrees to use its best efforts to secure such approval and to advise Seller immediately upon receipt of the lender's decision. Approval must be granted on or before . On or before this date, Buyer has the right to terminate this Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of termination by the above date, time being of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived the loan condition. Unless provided otherwise in Section 3 hereof, Buyer shall pay all fees and costs associated with any such assumption, including any assumption fee charged by the lender. At or before Closing, Seller shall assign to Buyer all interest of Seller in any current reserves or escrows held by the lender, any property management company and/or Seller, including but not limited to any tenant improvement reserves, leasing commission reserves, security deposits and operating or capital reserves for which Seller shall be credited said amounts at Closing. $ (v) Cash, balance of Purchase Price, at Closing in the amount of Dollars. Page 2 8 Buyer Initi Seller Initials STANDARD FORM 580-T Revised 712013 0 7/2013 Produced with vpFormil;,by zlpLogix 18070 Fiaeen Mile Road, Fraser, mcMgan 45026 www.ziotona oom Hempstead (e) "Closing" shall mean the date and time of recording of the deed Closing shall occur on or before or Thirty (daps) from the aspiration of the Fmunination Period (d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller. (e) "Examhration Period" shall mean the period beginning on the rust day after the Contract Date and extending through through l 1:59pm (based upon time at the locale of the Property) on (1) (9) (h) --+T- ("Listing Agency"), ("Listing Agent" - License # ) —.1721 Pineviem Rnad f nlumhiagr 999t19 - except as same may be changed pursuant to Section 12. shall be as follows: except as same may be changed pursuant to Section 12. ® (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingendes to this Agreement.) Section 2. Sale of Property and Payment of Purchase Price: Seiler agrees to sell and Buyer agrees to buy the Property for the Pumbase Price. Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prorated as of the date of Closing. Seiler shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes required by law, and the following: Pa 3 f Buyer Initials Seller Initials r% Produced vdth 90Fum abr ZIPln& 18070 Htwn Mill need, Fraser. MI hig n 48026 ri .nd.ordx, STANDARD FORM 580-T Revised 7/2013 ® 7/2013 Adv Aum Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under Us Agreement and the following: Each party shall pay its own attorney's fees. Section verles: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date c of a)1 information to the Property in possession of or available to Seller, including but not limited to: title utn!€`policies (and copies of any doeutnen . ranced therein), surveys, soil test reports, eavironmental surveys or repo' arts, civil drawings, building Puns, maintenance raeotds' ies of all presently effective warranties or service trasC�felated to the Aopetty, Sell drawings, (1) any attorney presently or pit representing Seller to releas - ose any title insurance policy in such attorney's file to Buyer and both Buyers end Sellers age d at me ilia Property's title insurer or its agent to release and disclose all materials in the t o ngmu s ate insurers (or till ent's file to Buyer `(S .. ) yes and both Boyers and Sellers agents and J:I✓ attorneys. If Buyer does not coosommate the , ' dr"arty reason o r _ Seller default, then Buyer shall return to Seller ell materials delivered by Seller to Bu a ant to this Section 4 (or Section 7,'if a . le), if any, and shall, upon Sellers request, provide to Seller copies o _ 'to the ownership and copyright interests of the prepares the r and all studies, reports, surveys and other info stinting directly to the Property Prepared by or at the request of Buyer, its and agents, and shall do' e let, upon the release of the Earnest Money, copies of all of the foregoing without any warranty of ie tion by Buyer aato the contents, accuracy or correctness thereof. Section 5. Evidence of Tide: Seller agrees to convey fee simple marketable and insurable title to the Property without exception for mechanics' Hens, free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (if applicable) and (c) matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ("Permitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Dare without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions: Ivan: The Buyer must be able to obtain the loan, if any, referenced in Section 1(bxh). Buyer must be able t a firm co " t for this loan on or before t7A ,effective through ofi Closing. Buyer ngrees to user efforts to secure such comadtment and to advise Seller immediately upon recei days decision. On or before the above date, Bayer' right to term rate this Agreemeo[ for faUure m �bta n Use eier cad in Section I(b)(H) by delivering to SeOer written notice of tion by the above date, time being o enee. Tf B>ry'er delivers such notice, this Agrecement shall be null and void and Earnest hall be refunded to BB ty -= oyes fails to deliver such notice, rhea Buyer ai� be deemed to have waived the loan condition, Notwitbstan ' U e gaming, after the above dale, Seger may request in writing fmlm X/}J \ Bayer a copy of the commitment letter. tF Buyer fails a ,copy of the commitment letter within five (5) days of receipt (� of Sellers request, then Seller may term nate tfeement by written notr oyes at any limo thereafter, provided Seller has not 1 then received a copy of the commit "r, and Buyer shall receive a return of - a oney. (b) Finan n If Buyer is to sesame any indebtedness in connection Wt ent of the Purchase P ice, Buyer a -use its best efforts m qualify for the assumption. Should Buyer fail to qualify, Buyer s Seller in writing a " y upon lenders decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Edin onev. _ ' mtnati �n• Alter the Contract Date, Buyer shall, at Buyers expense, cause a title examination to be ^ befot Property "Yli a tt}:e _ Examination Period. In the event that such title examination shall sho_ C t9e�is not fee simple marketable and insuivlile;'so to Permitted Exceptions, then Buyer shal oh Seller in wriUag of all such title defects and exceptions, in no case later di"`-`t e• Examin _ " d Seller shall have thirty, (30) days to cute s noticed defects. If Seller does not cure the defects or ob' ' . days of notice thereof, then Buyer may terminate this Agreement and receive a return of _ (notwithstanding that the Ezatnm , ; od. may have expired) If Buyer is to purchase title insurance rig company must be licensed to do business in the state inwtucli a is located 75Ue to Protnsaitnble at regular rates, subject only to standard exceptions and Permitted Exceptions. (d)Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Sellers insurance proceeds payable on account of the damage or destruction applicable to the Property. Buyer lmnals Page 4 Sellerhdtials � Pmduced wflh 2lpform®by zK0Wx 18070 Fin nn MHO Rand, Fraser, hacldpan 4802a amx, m STANDARD FORM 580•T Revised 712013 07/2013 Advmx Aide (e) Insnectious; Buyer, its agents or represenmfives, at Buyer's expense and at reasonable times during normal basi hall have the right to enter upon the Property for the purpose of inspecting, examining, perforating soil boring and o g, conductin ' her cnrises, end surveying the Property. Buyer shall conduct all such on -site inspections, examination . 'boring and other testing, .cruises and surveying of the Property in a good and workmanlike manner, shall repair arage to the Property caused by Buyees ca d on -sire inspections and shall conduct same in a manner that does not untrASARANY interfere with Sellers or any tenanCs use and eajo t of the Property. In that respect, Buyer shall make reasonable a 'to undertake on -site inspections outside of the hours any tenant's mess is open to the public and shell give prior notice , yrieoants of any entry onto any tenant'st� portion of the Property for the purpos conducting inspections. Upon Sellers a"at, Buyer shall provide to Seller evidence o general liability insurance. Buyer shall also e a right to review and ins contracts or other agreements affecting or related directly to the Property and shall be entitled to 'ew such Its ` rds of Seller that relate directly to the operation and maintenance of the Property, provided, however, that ., Ot disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be es confidential, to any person, except to its attomeys, accountants lenders and other professional advisors, in whit Buyer s6 twin their agreement to maintain such confidentiality. Buye assumes all responsibility for the acts of its0 "agents or represeme exercising its rights under this Section 6(e) and agrees to indemnify and hold Seller harmless •a'y damages resulting therefrom. Tlv demnificadon obligation of Buyer shall survive the Closing or earlier termination s Agreement. Buyer shall, at Buyer's expense, p fly repair any damage to the Property caused by Buyers entry and on- ' inspections. Except as provided in Section 6(c) above, Buyer 1 have from the Contract Dam through the end of the B on Period to perform the above inspections, examinations and testd v BUYER CHOOSES NOT TO PURC PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES NOTICE TO SELLER T F PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, Thal THIS' REEM$lYC SHALI, RMiNATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as applicable); If this box is checked, Seller affirmatively represents and warrants that them are no Leases (as hereinafter defined) affecting the Property. ® If this box is checked, Seller discloses that there are one or more leases affecting the Property (oral or written, recorded or not -'Leases") and the following provisions are hereby made a part of this Agreement (a) A list of all Leases shall be set forth on Exhibit B; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; (c) Seller represents and warrants that as of the Contract Date there am no content defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any lease ("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seger agrees not to commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease, (d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Sellers interest in any Lease m Buyer in form and content acceptable to Buyer (with tental written consent and acknowledgement, if required under the Lease), and Seller agrees to use its best efforts to effect such assignment. Any assignment requited under this Section 7 shall be required to be delivered at or before Closing by Seller in addition to those deliveries required under Section I I of this Agreement. (e) Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and deliver (and work diligently to obtain any tenant signatures necessary for same) any estoppel certificates and subordination, nondisturbance and attomtcent agreements In such form as Buyer may reasonably request. . Section 8- Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United States Department of Transportadon Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CPR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, lychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Page 5 of Buyer lnidals Seller Initials V STANDARD FORM 580-T Revised 7I2013 Produmd wah apF078 by xlprrpix 18070 Fiaoin Mlle Road, F 0 7I2013 Dan d8028 www eel „�, ram Adv Auto Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of I (33 U.S.C. §1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair. Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be home by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto agree in writing. Section 10. Earaast Money Disbursement: In the event that any of the conditions hereto are not satisfied, or in the event of a breach of this Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a licensed real estate broker, the broker is required by state law to retain said Eamesl Money in its trust or escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction, or alternatively, the party holding the Earnest Money may deposit the disputed monies with the appropriate clerk of court ill Saco dalkee W-� �� §90A-limited Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a eral-warranty deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions, including without ]imitation, a bill of sale for any personalty listed on Exhibit A, an owners affidavit, Ben waiver forms (and such other lien related documentation as shall �---/ permit the Property to be conveyed free and clear of any claim for mechanics' Hens) and a non -foreign status affidavit (ptusueat to the Foreign Investment in Real Property Tax Act), and Buyer shall pay to Sella the Purchase Price. At Closing, the Earnest Money shall be applied as part of the Purchase Price, The Closing shall be conducted by Buyers attorney m handled in such other manner as the parties herein may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has taken place. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given and received on the date delivered in person or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out In Section 1(9) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith. Section 13. Entire Agreement, This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties barite. The invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and enforced as if such invalid provisions were not included Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effective communication for the purposes of this Section 14. The parties acknowledge and agree that: (i) the initials limes at the bottom of each page of this Agreement ate merely evidence of their having reviewed the terms of each page, and (8) the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns and their personal representatives. Section 15. Adverse Information and Compliance with Laws: (a) Seller Knowledge: Sella has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (ill actions, suits or proceedings pending or threatened against the Property; (III) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert 'None" or the identification of any matters relating to (I) through (iv) above, if any): Page 6 f � Bayer Initi Seller initials STANDARD FORM 580-T Revised moo Produozd with zlpFonT0t y z:PLog1x 18070 Frnoen Milo Road, Fr , Michlgan 080ffi wnw.BoLo Ie x.mm ID7120o Adwnca Auto . Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. Seller represents that the regular owners' association dues, if any, are $ NA per tm (b) Compliance: To Seller's actual knowledge, (i) Seller has compiled with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; 00 performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a parry or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action, suit or other proceeding. Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instrumeno is, and take such ther action as ffectively transfer to Buyer the Property described herein in accordance Buyer may reasonably request or as may be necessary to more e with this Agreement. Section 17. Applicable Law: This Agreement shall, 1 and Igws,of the state in which the Property is located. Th&fnrm— Section 18. Assignmentr M a Agreement is freely assignable unless erwise ti(,'.,/ ssly provided on Exhibit B. Section 19. Tax -Deferred Exchange: In the event Buyer or Seller desires to effect a tax -defected exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non -exchanging parry, as shall be required to give effect to this provision. ' _ .Memorandum of Contract Upon request by either party, the parties hereto shall execute a recordable oim' a ' ; ns hereof (other than the Purchase Price and o _ . - mar patty may wish to incorporate. Such memorandum of contract sTia ton - ' . nwGc' y terminates and the Property is released Sum any effect thereby as of a s ._ - 7n^ a meinoranrhrro �a;i,f.:K�.:.;. ... �_ �nlater t_� rho data of Ctosing). of contract shall be borne by the parry requesdng execution Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has fug authority to sign thi� party for whom he or she signs and that his or her signatore binds such party. Agreement and such instramertts as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of th Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or mal estate agents by, through or under the indemnifying party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that (i) except as to the Brokers designated under Section I (f) of this Agreement, they have not employed nor engaged soy brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. Section 23. Attorneys Fees: If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorneys fees and court costs incurred in connection with the proceeding. ❑ EUISWNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (eithu in whole or in part) with an "exterior insulating and finishing system" commonly known as "MI or "synthetic stacco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. - rag Buyer Initials Seller Initials STANDARD FORM 580.T Revised 7/M13 Pmdroed a1M'Vvffn® eY vPLQOX 18070 Fifteen Moo Road, Fraser, MlcMaan 48026 w ajolmix cum C 7/2013 Advarxe Auto THE NORTH CAROLINA ASSOCIATION OF REALTORS©, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. BUYER: Individual SELLER: Individual Date: Date: Date: Dare: Business Eadty Business Entity CK1, LLC J . of (N�ayp��eofty) Name: D. T. 9carL w Name: Title: Member Manager Title: i Date: Date: i The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in accordance with the terms hereof. (Name of Fum) ,pare: By: Page 8 of 8 STANDARD FORM 580-T Revised 7/2013 0 7/2013 Produced MU zlpFamO by zlpl.opx 18070 Fdloon Mlle Road, Fraser, MkWgan 0902a w zlml palm mm Ads Auto POBBINS MAY 6 PICH LLP P. WAYNE Roeews' ATTORNEYS AT LAW )oHn M. MAY STERIi[N F. LAreat Ro SEIRT M. FRIESEN R. PAI AAE. Succ- PATNICIA T. NIEBAUER NEIL T. OAKLEY (r4-/tom n DEIN A. R,cH (1928-2006) ocr 3 rALu .� o61.I<, o, coLw.o.. BY.. October 29, 2014 _r Cameron Weaver Environmental Assistance Coordinator NCDENR / Division of Environmental Assistance and Customer Service (DEACS) 127 Cardinal Drive Wilmington, NC 28405 RE: Stormwater Permit Name/Ownership Change Form / Advance Auto Parts Hampstead, NC/ Permit Number: SW8 120507 Dear Mr. Weaver, I am outside counsel to the Sharon T. Matthews Living Trust (the `Buyer"). The Buyer, through its 1031 qualified intermediary, QISS, LLC recently executed an Purchase Agreement with CKI, LLC (`Seller") pursuant to which Buyer intends to purchase an Advance Auto Parts store in Hampstead, NC from Seller (the "Purchase Agreement'). Please note that the current permit for this property was issued to the general contractor rather than to the owner of the property. In connection with the sale of the property, we enclose the Stormwater Permit Name/Ownership Change Form: 1. Storm water Permit Name/Ownership Change Form / Advance Auto Parts Hampstead, NC/ Permit Number: SW8 120507; 2. A copy of the Purchase Agreement; 3. A copy of deeds showing the chain of title for the property through the present; 4. A copy of an Acknowledgment and Agreement for Replacement Property signed by the qualified intermediary, QISS, LLC acknowledging the transfer of the property to Buyer, Taco Properties, Inc.;and 5. A print out from the Secretary of State website showing signature authority for Primax Construction (the current permitee holder). Should you have any questions regarding any of the foregoing, please contact me at 910-692-4900 or at pin iebauer a, rmrattomeys.coin. We greatly appreciate your attention to this matter. Sincerely, jINS MAY & RICH LLP tncla T. Nlebauer 120 APPLECROSS ROAD, PINEHURST, NORTH CAROLINA 28374 910,692.4900 F 910, 692.1768 10/29/2014 Corporations Division Click Here To: North Carolina Elaine F. Marshall DEPA.RT►MENT OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: Prlmax Construction, Inc. Prev Legal: Ron Kirby Construction Company, Inc. Prev Legal: Ron Kirby Construction, Inc. Business Corporation Information Scald: 0231160 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 7/7/1988 Fiscal Month: December State of Incorporation: NC Registered Agent: McLucas, Marie R Corporate Addresses Mailing: 1100 Harding Place Charlotte, NC 28204 Reg Office: 1100 Harding Place Charlotte, NC 28204 Reg Mailing: 1100 Harding Place Charlotte, NC 28204 Principal Office: 293 Olmsted Boulevard Ste 11 Pinehurst, NC 28374-9190 Officers Chairman Of The Board Secretary: Treasurer: Vice President: Stock William G. Seymour 1100 E. Morehead St. Charlotte NC 28204 Marie McLucas 1100 E. Morehead St. Charlotte NC 28204 Marie McLucas 1100 E. Morehead St. Charlotte NC 28204 Greg Jordan 293 Olmsted Boulevard Ste 11 Charlotte NC 28204 Account Login Register Class: COMMON http://www.secretary.state.nc.us/SearcNprofcorpl4951653 1/2 10/29/2014 Shares: 100000 No Par Value: Yes Corporafions Division http:/twww.secretary.state.nc.us/SearcWprofcorpt4951653 212