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HomeMy WebLinkAboutNCC232034_FRO Submitted_20230703 714141 reaut r1 u FINANCIAL RESPONSIBILITY/OWNERSHIP FORM -N ERs �"TY, �."UN1Y HFNDERso ;_ S END / -. SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by Henderson County Site Development Department. (Please type or print and, if the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.) Sign the original form in BLUE INK. Part A. 1. Project Name Chimney Crossing Villas Unincorporated 2. Location of land-disturbing activity: County Henderson City (Hendersonville Address) 99999 E Chimney Highway/Street Crossing Latitude 35.287175 Longitude -82.506894 Property Identification Number(s)PIN's 9557-37-7814, 9557-37-6635,9557-37-9726 3. Approximate date land-disturbing activity will commence: April 2023 4. Purpose of development(residential, commercial, industrial, institutional, etc.): Residential 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 4.5 AC 6. Amount of fee enclosed: $ 1,700 . The application fee of$300.00 per acre (rounded up to the next acre) is assessed without a ceiling amount include a$200.00 plan review fee to land disturbance fees. (Example: 8.10 ac= $2,900.00). 7. Has an erosion and sediment control plan been filed? Yes No Enclosed X 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name Mike Romero -Amarx Construction E-mail Address mike@amarx.net Telephone (828) 301-7797 9. Landowner(s)of Record (attach accompanied page to list additional owners): Pine Shadow Developers,LLC (828)489-6760 Name Telephone 247 Pine Shadow Dr 247 Pine Shadow Dr Current Mailing Address Current Street Address Hendersonville NC 28739 Hendersonville NC 28739 City State Zip City State Zip 3797/717 3451/69 10. Deed Book No. 3793/29 Page No. Provide a copy of the most current deed. Part B. 1. Company(ies) or firms) who are financially responsible for the land-disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet.)If the company or firm is a sole proprietorship, the name of the owner or manager may be listed as the financially responsible party, Pine Shadow Developers,LLC(do Kurt Bagwell,Partner) scott@sbrcarolinas.com Name E-mail Address 247 Pine Shadow Dr 247 Pine Shadow Dr Current Mailing Address Current Street Address Hendersonville NC 28739 Hendersonville NC 28739 City State Zip City State Zip Telephone (561) 859-5474 Fax Number 2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the information provided herein. Scott Barfield Partner Type or • '• r.me Title or Authority 2-- 1— zo2 j • re Date LaCM? t ?r/'IOiV) , a Notary Public of the County of Eureonlbe State of ND/) (�s�/Jl V&, hereby certify that y , ' u4 e�ti appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand and notarial seal, thisq14 day of re.brutu , 20 .2� `T:�� .'• /‘' /02biA- (2adirii'•-•" • o A�4, 2= Notary CRY GPUBLIC ,�;2My commission expiresAeeyh !�7',/ ) (As)g eE CO I,~,,,,,,,,,,,,,,, Permission for Agent and/or Attorney to act on behalf of Owner(s) Date: Henderson County Site Development 240 Second Avenue East Hendersonville, NC 28792 Dear Henderson County Office : As you may know, I am acting as Agent/Attorney for Champion Hills POA to apply for all permits pertaining to development and construction associated with property located at 99999 E Chimney Crossing but more legally known at Property Identification Number (PIN) 9557-37-7814 documented at the Henderson County Courthouse Land Records Office located at 85 Grove Street, Hendersonville, NC 28792. I hereby give my/our permission to Pine Shadow Developers,LLC to submit any plans or apply for permits required for this project. I /We are also giving permission for any land disturbing activity to take place on our property without our presence, but understand it is our ultimate responsibility if any damage is caused during construction to this property or any other property. Signed by proper w eaS ). Champion Hills Property Owners Association,Inc. Signed Land Owner of Record (Spell out exactly as on land records) I, Lilly B. Bell ,a Notary Public for the State of Nor-th iC a.roIiruCounty of H ende,rsort ,do hereby certify that TOM T. Mc Nike personally appeared before me this 9th day of Fe bru.ary , 20023,and acknowledge the due execution of the forgoing permission form. Witness my hand andofficial seal, ha cf Notary Public Henderson County 2My om . % ExP �qTH C ARO\•s��• SEAL My commission expires ID/all a0025 DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53113AC8 EXHIBIT A 1. In the event of any conflict between the provisions contained in this Exhibit and those contained in the balance of this Offer To Purchase And Contract to which it is attached, then the provisions of this Exhibit shall control. 2. "Due Diligence Period"shall be defined as the period beginning on the Effective Date and extending through 5:00 p.m.on the earlier of either(a)December 31,2023,or(b)seven(7) days from the date that Buyer obtains approval from Henderson County for the subdivision of the Property. 3. "Settlement Date"shall be defined as taking place on the earlier of either(a)December 31, 2023, or (b) seven (7) days from the date that Buyer obtains approval from Henderson County for the subdivision of the Property. 4. Seller shall have the right to unilaterally terminate this Contract if Seller exercises their right to terminate the Annexation and Land Development Agreement(Chimney Crossing at Champion Hills) (hereinafter "Annexation Agreement") previously executed by and between the parties,such Annexation Agreement being incorporated herein by reference. • In the event that Seller elects to exercise their right to unilaterally terminate this Contract • in accordance with the provisions herein,Seller shall refund to Buyer the Due Diligence Fee,if any,and Buyer shall be entitled to receive the Earnest Money Deposit from Escrow Agent. 5. Not later than five (5) business days following the Contract Date, Seller shall provide Buyer with a copy of all materials or documents in Seller's possession relating to title, condition of the Property, or improvements located on the Property including but not limited to a copy of Seller's title insurance policy, survey(s),loan contact information, if any, environmental assessments,engineering studies, leases including any amendments for existing tenants occupying the Property, and any other architectural drawings or renderings obtained by or furnished to Seller regarding said improvements. All title materials, including the Seller's existing Owner's Policy of title insurance, shall be provided directly to Mark C.Martin at Martin Law Firm,P.A. pg DS Buyer Inifiials Seller initials 1 DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B531 13AC8 OFFER TO PURCHASE AND CONTRACT-VACANT LOT/LAND [Consult"Guidelines"(Form 12G)for guidance in completing this form] NOTE: If seller is selling less than the entire parcel of land owned, then compliance with subdivision regulation and/or an adequate legal description of the land being sold must be considered. This contract should not be used to sell property by reference to, exhibition of,or any other use of a plat showing a subdivision of the property before the plat has been properly approved and recorded with the register of deeds as of the date of the contract. If a preliminary plat has been approved, this contract may be used if an addendum drafted by a North Carolina real estate attorney addressing certain statutory requirements is attached. See NC General Statutes Section 160D-807 for more details and possible exceptions,If Buyer is contemplating a subdivision of the land as a condition of purchase,Buyer should first consult with an NC real estate attorney. NOTE FOR NEW CONSTRUCTION: If Seller is Buyer's builder or has engaged a builder and the sale involves the construction of a new single-family dwelling prior to closing, use the standard Offer to Purchase and ContractNew Construction(Form 800-T) or,if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms(together the"Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": Champion Hills Property Owners Association Inc. (b) "Buyer": Pine Shadow Developers LLC (c) "Property":The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. • The Property ❑will ❑X will not include a manufactured (mobile) home(s). (If a manufactured home(s) is included, Buyer and Seller should include the Manufactured(Mobile)Home provision in the Additional Provisions Addendum(Standard Form 2A 11- T)with this offer.) Street Address: Lot 61 East Chimney Crossing City: Hendersonville Zip:28739 County: Henderson ,North Carolina NOTE:Governmental authority over taxes,zoning,school districts,utilities and mail delivery may differ from address shown. Legal Description:(Complete ALL applicable) Plat Reference:Lot/Unit 61 ,Block/Section ,Subdivision/Condominium Champion Hills • • ,as shown on Plat Book/Slide 1995 at Page(s) 1903B The PIN/PID or other identification number of the Property is: 9557377814 Other description: Some or all of the Property may be described in Deed Book 3451 at Page 0069 (d) "Purchase Price": $ 20,000.00 paid in U.S.Dollars upon the following terms: $ 100.00 BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date by ❑cash [personal check official bank check n wire transfer [electronic transfer(spec'payment service: ) $ 1,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f)by ❑cash [personal check ❑official bank check ❑wire transfer, ❑electronic transfer within five(5)days of the Effective Date of this Contract. This form jointly approved by: Page 1 of 13 STANDARD FORM 12-T North Carolina Bar Association's Real Property Section Revised 7/2022 REAL,m North Caroli Association of REALTOR }inc. ronrcni' g C 7/2022 Buyer initials 66 Seller initials 3114, Scott Barfield Really&Land Company,1105 Chicory Lune Asheville NC 28803 Phone:(828)489•67,0 Fax: Champion Mil Leslie Barfield Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf cpm DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53113AC8 $ BY(ADDITIONAL)EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m.on TIME BEING OF THE ESSENCE, by cash LI official bank check E wire transfer C]electronic transfer $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum(Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). $ 18,900.00 BALANCE of the Purchase Price in cash at Settlement(some or all of which may be paid with the proceeds of a new loan). NOTE: If the parties agree that Buyer will pay any fee or deposit described above by electronic or wire transfer, Seller agrees to cooperate in effecting such transfer, including the establishment of any necessary account and providing any necessary information to Buyer,provided,however,Buyer shall be responsible for additional costs,if any,associated with such transfer. Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates,or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one(1)banking day after written notice to deliver cash,official bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer, and Seller shall be entitled to recover the Due Diligence Fee together with all Earnest Money Deposit paid or to be paid in the future. In addition, Seller may be entitled to recover reasonable attorney fees and court costs. See paragraph 20 for a party's right to attorneys'fees incurred in collecting the Earnest Money Deposit or Due Diligence Fee. (e) "Earnest Money Deposit":The Initial Earnest Money Deposit,the Additional Earnest Money Deposit and any other earnest • monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be • deposited promptly and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted; or(2) a condition of any resulting contract is not satisfied,then the Earnest Money Deposit shall be refunded to Buyer. See paragraph 20 for a party's right to the Earnest Money Deposit,and attorneys'fees incurred in collecting the Earnest Money Deposit,in the event of breach of this Contract by the other party. (f) "Escrow Agent"(insert name): Martin Law Firm • Buyer and Seller consent to disclosure by the Escrow Agent of any material facts pertaining to the Earnest Money Deposit to the parties to this transaction,their real estate agent(s)and Buyer's lender(s). NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction.Alternatively,if a Broker or an attorney licensed to practice law in North Carolina("Attorney") is holding the Earnest Money Deposit,the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S.§93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any,and(2)such signing or initialing is communicated to the party making the offer or counteroffer,as the case may be.The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page,and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion,will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount,if any,paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period.It shall be the property of Seller upon the Effective Date and Page 2 of 13 STANDARD FORM 12-T D9 Revised 7/2022 Buyer initials kg Seller initials ©7/2022 ed with Lone Wolf Transactions(zipForm Edition}717 N Harvrood St,Suite 2200,Dallas,TX 75201 yaw+Ij gt j m Champion inns DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53113AC8 shall be a credit to Buyer at Closing.The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller,or if this Contract is terminated under Paragraph 20(b)or as otherwise provided in any addendum hereto.Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee,it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee.See paragraph 21 for a party's right to attorneys'fees incurred in collecting the Due Diligence Fee. (j) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on See Exhibit A TIME BEING OF THE ESSENCE. (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents,and the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on See Exhibit A (the"Settlement Date"),unless otherwise agreed in writing,at a time and place designated by Buyer. NOTE; See paragraph 10,DELAY IN SETTLEMENT/CLOSING for conditions under which Settlement may be delayed. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing,the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes,If • the title update should reveal unexpected liens,encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds,then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10(Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non-attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORS® that all buyers should hire an attorney • licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues),either of which may be a lien against the Property. NOTE: Buyer's and Seller's respective responsibilities for the payment of Special Assessments are addressed in paragraphs 4(a) and 6(k). 2. BUYER'S DUE DILIGENCE PROCESS; WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION.Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period,Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (a) Loan:Buyer,at Buyer's expense,shall be entitled to pursue qualification for and approval of the Loan if any. NOTE:There is no loan or appraisal contingency in this Offer To Purchase and Contract.Therefore,Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the loan process • and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. • Page 3 of 13 • STANDARD FORM 12-T • p, P5 Revised 7/2022 Buyer initialsi W Seller initials ©7/2022 d with Lone Wolf Transactions(zipForrn dil ion l 717 N Harwood St,Suite 2200,Dallas,TX 75201 WwW.Iwelf con Champion Hills DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53113AC8 (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination,law,rule or regulation that may prohibit,restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s)to determine:(1)the condition of an existing sewage system,(2) the costs and expenses to install a sewage system approved by an existing Improvement Permit,(3)the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii)Water:Any applicable investigation(s)to determine: (1)the condition of an existing private drinking water well,(2)the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well,and/or(4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners'association,it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2Al2-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners'association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals:An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks,property boundaries and other issues which may or may not constitute title defects. (vii)Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services,storm water management,and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property,including:(1)whether any street(s)/road(s)are public or private,(2)whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance,the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f)(the"Statute")requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute,consult a NC real estate attorney. (xi) Special Assessments: Investigation of the existence of Special Assessments that may be under consideration by a governmental authority or an owners'association. (c) Sale/Lease of Existing Property:As noted in paragraph 3(b),this Contract is not conditioned upon the sale/lease or closing of other property owned by Buyer. Therefore, if Buyer must sell or lease other real property in order to qualify for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing on Buyer's other property will take place prior to the Settlement Date of this Contract. (d) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property.This repair obligation shall survive any termination of this Contract. (e) Indemnity:Buyer will indemnify and hold Seller harmless from all loss,damage,claims,suits or costs,which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim,suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. Page 4 of 13 STANDARD FORM 12-T eg Revised 7/2022 Buyer initials k13 Seller initials I �- - ©7/2022 t ed with Lone Wolf Transactions{zipForm orooll)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.hvolf.co0r Champion lulls • oocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53113AC8 (f) Buyer's Right to Terminate: Provided that Buyer has delivered any agreed-upon Due Diligence Fee,Buyer shall have the right to terminate this Contract for any reason or no reason,by delivering to Seller written notice of termination(the"Termination Notice")during the Due Diligence Period(or any agreed-upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. (g) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Funds to complete purchase: ❑X (Check if applicable)Cash.Buyer intends to pay cash in order to purchase the Property and does not intend to obtain a loan or funds from sources other than Buyer's own assets.Verification of cash available for Settlement is EI is not❑attached. NOTE: If Buyer does not intend to obtain a new loan(s) and/or funds from sources other than Buyer's own assets, Seller is advised,prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a loan or funds from sources other than Buyer's own assets. OR: ❑(Check if applicable) Loan(s)/Other Funds: Buyer intends to obtain a loan(s) and/or other funds to purchase the Property from the following sources(check all applicable sources): ❑First Mortgage Loan: Buyer intends to obtain a first mortgage loan of the following type in order to purchase the Property: Conventional ❑USDA❑Other type: in the principal amount of ['Second Mortgage Loan: Buyer intends to obtain a second mortgage loan of the following type in order to purchase the Property: Other funds: Buyer intends to obtain funds from the following other source(s)in order to purchase the Property: NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining any loan(s)or other funds from sources other than Buyer's own assets. Some mortgage loan programs and other programs providing funds for the purchase of property selected by Buyer may impose repair obligations and/or additional conditions or costs upon Seller or Buyer,and more information may be needed. Material changes with respect to funding the purchase of the Property that affect the terms of the contract are material facts that must be disclosed. (b) Other Property:Buyer 1 DOES [DOES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase.(Complete the following only if Buyer DOES have to sell or lease other real property:) Other Property Address: 1(Check if applicable)Buyer's other property IS under contract as of the date of this offer,and a copy of the contract has either been previously provided to Seller or accompanies this offer. (Buyer may mark out any confidential it fbrunatiof, such as the purchase price and the buyers identity, prior to providing a copy of the contract to Seller.) Failure to provide a copy of the contract shall not prevent this offer from becoming a binding contract;however, SELLER IS STRONGLY ENCOURAGED TO OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING THIS OFFER. [J(Check if applicable)Buyer's other property IS NOT under contract as of the date of this offer.Buyer's property(check only ONE of the following options): ❑is listed with and actively marketed by a licensed real estate broker. ❑will be listed with and actively marketed by a licensed real estate broker. Buyer is attempting to sell/lease the Buyer's Property without the assistance of a licensed real estate broker. NOTE: This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property. If the parties agree to make this Contract conditioned on a sale/lease or closing of Buyer's other property, an appropriate contingency addendum should be drafted by a North Carolina real estate attorney and added to this Contract. Page 5 of 13 STANDARD FORM 12-T El; Revised 7/2022 Buyer hritirrlsSeller initials) .3k ©7/2022 uced with Lone Wolf Transactions(zipFor Eiilltm)717 N Harwood Sl,Suite 2200,Dallas,TX 75201 www lwolf.com Champion Hills DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53113AC8 (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in • accordance with this Contract,except as maybe specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Responsibility for Special Assessments: Buyer shall take title subject to all Special Assessments that may be approved following Settlement. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i)any loan obtained by Buyer; (ii)charges by an owners'association or a management company/vendor as agent of the association under paragraph 7(b)of this Contract; (iii)appraisal; (iv)title search; (v)title insurance; (vi)any fees charged by the closing attorney for the preparation of the Closing Disclosure,Seller Disclosure and any other settlement statement; (vii)recording the deed;and (viii)preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s)and closing attorney:(I) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s);and(2) to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction,their real estate agent(s)and Buyer's lender(s). 5. SELLER REPRESENTATIONS: (a) Ownership:Seller represents that Seller: X has owned the Property for at least one year. has owned the Property for less than one year. does not yet own the Property. • • • (b) Owners'Association(s)and Dues:To best of Seller's knowledge,ownership of the Property subjects E does not subject Buyer to regulation by one or more owners'association(s)and governing documents,which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments(dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement(Standard Form 2Al2-T)shall be completed by Seller,at Seller's expense,and must be attached as an addendum to this Contract. (c) Sewage System Permit: ( C Applicable [Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (d) Private DrinkingWater Well Permit: Applicable X Not Applicable)Seller warrants that aprivate drinkingwater well ( ❑ PP � C PP�' ) has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July 1,2008,attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title,Payoff Statement(s)and Non Foreign Status: (i)Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title,surveys,covenants,deeds,notes and deeds of trust,leases,and easements relating to the Property. (ii)Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date,and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short-pay statements from any such lender(s). (iii)If Seller is not a foreign person as defined by the Foreign investment in Real Property Tax Act,Seller shall also provide to the closing attorney a non-foreign status affidavit(pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non-foreign status affidavit, Seller acknowledges that there maybe withholding as provided by the Internal Revenue Code. Page 6 of 13 STANDARD FORM 12-T „, DS Revised 7/2022 Buyer initials Seller initials ©7/2022 d with Lone Wolf Transactions(zipForm Edn on)717 N Harwood St,Suite 2200,Dallas,TX 75201 mvw.Iwolt.com Chnnq,inrr Hills DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53143AC8 (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, and(3) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction,their real estate agent(s)and Buyer's lender(s). (c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii)conduct a final walk-through inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost including any connections and dewinterizing. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests,inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. NOTE: See WARNING in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. d) Removal of Seller's Property: Seller shall remove from the Property, by the date possession is delivered, (i) all personal property which is not a part of the purchase and(ii)unless otherwise agreed,all garbage and debris. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnif€cation agreement(s) in form satisfactory to Buyer and Buyer's title insurer,if any,executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer,Buyer's lender(s)and Buyer's title insurer against all loss from any cause or claim arising there from. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent.All deeds of trust,deferred ad valorem taxes,liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller prior to or at Settlement such that cancellation may he promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title,Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement,which shall convey fee simple marketable and insurable title,without exception for mechanics' liens, and free of any other liens,encumbrances or defects,including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing.The Property must have legal access to a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: if any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A14-T)as an addendum to this Contract. (h) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law.The deed is to be made to: Pine Shadow Developers,LLC. (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement$ n/a toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay. Page 7 of 13 STANDARD FORM 12-T ;ouced Revised 7/2022 Buyer initials kb Seller initials ©7/2022 Itrotl with Lone Wolf Transactions(zipFor, n)717 N Harwood St,Suite 2200.Dallas,TX 75201 wnvw.lwolf.corn Champion Hills 1 DocuSign Envelope ID:2358C44F-BF B E-485C-8F40-067B53113AC8 (j) Owners' Association Fees/Charges: Seller shall pay any charges by an owners' association or a management company/vendor as agent of the association under paragraph 7(a)of this Contract. (k) Payment of Special Assessments: Seiler shall pay, in full at Settlement, all Special Assessments that are approved prior to Settlement,whether payable in a lump sum or future installments,provided that the amount thereof can be reasonably determined or estimated.The payment of such estimated amount shall be the final payment between the Parties. (I) Late Listing Penalties:All property tax late listing penalties,if any,shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T); If applicable, Seller shall provide the completed Owners'Association Disclosure and Condominium Resale Statement Addendum to Buyer on or before the Effective Date. (n) Seller's Breach of Contract: See paragraph 21 for Buyer's remedies in the event of breach of this Contract. 7. CHARGES BY OWNERS' ASSOCIATION: Responsibility for payment of charges by an owners' association or a management company/vendor as agent of the association shall be allocated between Buyer and Seller as follows: (a) Seller shall pay: (i)fees incurred by Seller in completing resale or other certificates related to a proposed sale of the Property; (ii) fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration, including any expedite fee permitted under N.C. Gen. Stat. §47F-3-102 that is charged in connection with providing such information; (iii)any fees charged for transferring or updating ownership records of the association;and (iv)any fees other than those fees specifically required to be paid by Buyer under paragraph 7(b)below. (b) Buyer shall pay: (i)charges for providing information required by Buyer's lender; (ii) working capital contributions, membership fees, or charges imposed for Buyer's use of the common elements and/or services provided to Buyer in connection with Buyer taking possession of the Property,such as"move-in fees";and (iii)determining restrictive covenant compliance. • 8. PRORATIONS AND ADJUSTMENTS: Unless otherwise agreed,the following items shall be prorated,with Seller responsible • for the prorated amounts of any taxes and dues through the date of Settlement, and Seller entitled to the amount of prorated rents • through the date of Settlement,and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents,if any,for the Property; (c) Dues:Owners'association regular assessments(dues)and other like charges. 9. CONDITION OF PROPERTY/RISK OF LOSS: (a) Condition of Property at Closing: If the Property is not in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and tear excepted,Buyer may terminate this Contract by written notice delivered to Seller and the Due Diligence Fee and Earnest Money Deposit shall be refunded to Buyer. If the Property is not in such condition and Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. (b) Risk of Loss: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 10. DELAY IN SETTLEMENT/CLOSING: This paragraph shall apply if one party is ready, willing and able to complete Settlement on the Settlement Date ("Non-Delaying Party") but it is not possible for the other party to complete Settlement by the Settlement Date("Delaying Party").In such event,the Delaying Party shall be entitled to a delay in Settlement and shall give as much notice as possible to the Non-Delaying Party and closing attorney. If the Delaying Party fails to complete Settlement and Closing within seven (7) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties), then the Delaying Party shall be in breach and the Non-Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. Page 8 of 13 STANDARD FORM 12-T oa a9 Revised 7/2022 Buyer initials Seller initials , . Q 7/2022 d with Lone Wolf Transactions(zipForm )717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Champion 11111f DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067553113AC8 11. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes, including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph 1(m). No alterations,excavations,tree or vegetation removal or other such activities may be done before possession is delivered. 12. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO.ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT,IF ANY,AND ATTACH HERETO. Additional Provisions Addendum(Form 2A11-T) ❑ Owners'Association Disclosure AddendumAdditional Signatures Addendum(Form 3-T) (Form 2Al2-T) Back-Up Contract Addendum(Form 2A1-T) ❑ Seller Financing Addendum(Form 2A5-T) Loan Assumption Addendum(Form 2A6-T) ❑ Short Sale Addendum(Form 2A 14-T) X❑ Identify other attorney or party drafted addenda: Exhibit A NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax-deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 14. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred 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. Buyer and Seller shall execute such additional documents,including assignment of this Contract in connection therewith,at no cost to the non-exchanging party,as shall be required to give effect to this provision. IS. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter • genders,as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed,kept or performed after the Closing,it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,kept or performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any listing agreement,buyer agency agreement,or any other agency agreement between them. 18. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means,including the signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address,e-mail address or fax number set forth in the"Notice Information"section below.Any notice or communication to be given to a party herein,any fee,deposit of other payment to be delivered to a party herein,may be given to the party or to such party's agent. Delivery of any notice to a party via means of electronic transmission shall be deemed complete at such time as the sender performs the final act to send such transmission,in a form capable of being processed by the receiving party's system,to any electronic address provided for such party in the "Notice Information" section below. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies"sections below shall not constitute a material part of this Contract,and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 20. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract,the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days,the count of"days"shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina, Page 9 of 13 STANDARD FORM 12-T o, Cs' Revised 7/2022 Buyer initialsrb Seller initials ©7/2022 d with Lone Woll Transactions(zipForon)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolr.corn Champion dills DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53113AC8 21. REMEDIES: (a) Breach by Buyer: In the event of material breach of this Contract by Buyer, any Earnest Money Deposit shall be paid to Seller. The payment of any Earnest Money Deposit and any Due Diligence Fee to Seller (without regard to their respective amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(d) and 2(e) for damage to the Property. It is acknowledged by the parties that the amount of the Liquidated Damages is compensatory and not punitive,such amount being a reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Buyer.The payment to Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. (b) Breach by Seller: In the event of material breach of this Contract by Seller,Buyer may(i)elect to terminate this Contract as a result of such breach, and shall be entitled to return of both the Earnest Money Deposit and the Due Diligence Fee, together with the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence("Due Diligence Costs"),or(ii) elect not to terminate and instead treat this Contract as remaining in full force and effect and seek the remedy of specific performance. (c) Attorneys'Fees: If legal proceedings are brought by Buyer or Seller against the other to collect the Earnest Money Deposit, Due Diligence Fee,or Due Diligence Costs,the parties agree that a party shall be entitled to recover reasonable attorneys'fees to the extent permitted under N.C. Gen. Stat. § 6-21.2. The parties acknowledge and agree that the terms of this Contract with respect to entitlement to the Earnest Money Deposit,Due Diligence Fee,or Due Diligence Costs each constitute an "evidence of indebtedness"pursuant to N.C.Gen.Stat. §6-21.2. NOTE: A party seeking recovery of attorneys'fees under N.C.Gen. Stat. §6-21.2 must first give written notice to the other party that they have five(5)days from the mailing of the notice to pay the outstanding amount(s)without the attorneys'fees. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 10 of 13 STANDARD FORM 12-T °S ute Revised 7/2022 Buyer initials 145 Seller initialsi. � ©7/2022 d with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwottcom Champion llills DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-Q67B53113AC8 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. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee,deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract,provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: Date: Buyer Seller Pine Shadow Developers LLC Champion Hills Property Owners Association Inc. Date: Date: Buyer Seller Entity Buyer: Pine shadow Developers, LLC. Entity Seller: • oou8ipned•h. chlotaa bard to LC/Corporation/Partnership/Trust/etc.) alit•fof L C�poration/Partnership/Trust/etc.) Outs. Vt' By: • eeurcare. By: C4:A84F54468400... Name: Kurt Bagwell Name: John McGuire • Print Name Print N$gi Title: Partner Title: President Champion Hi 1 is POA 2/6/2023 2/7/2023 • Date: Date: WIRE FRAUD WARNING TO BUYERS:BEFORE SENDING ANY WIRE,YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER,THEY SHOULD BE PRESUMED FRAUDULENT.DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING,YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED.TO ENSURE THAT YOUR CONTACT IS LEGITIMATE,YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 1 I of 13 STANDARD FORM 12-T Revised 7/2022 ©7/2022 Produced wilt,Lone Wol(Transactions(zipForrn Edition)717 N Harwood S1,Suite 2200,Dallas,TX 75201 vnvw.IwolIconi Champion Hlll DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53113AC8 NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: Mailing Address: Buyer Fax#: Seller Fax#: Buyer E-mail: Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Finn Name: Listing Firm Name: Acting as E.Buyer's Agent❑Seller's(sub)Agent❑Dual Agent Acting as❑Seller's Agent C Dual Agent Firm License#: Firm License#: • Mailing Address: Mailing Address: Individual Selling Agent: Individual Listing Agent: • D Acting as a Designated Dual Agent(check only if [Acting as a Designated Dual Agent(check only if applicable) applicable) Selling Agent License#: Listing Agent License#: Selling Agent Phone#: Listing Agent Phone#: Selling Agent Fax#: Listing Agent Fax#: Selling Agent E-mail: Listing Agent E-mail: Page 12 of 13 STANDARD FORM 12-T as Revised 7/2022 Buyer initials f�S Seller initials 514. ©7/2022 with lane Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 v ww.!wolf,com Champion Hills 1 DocuSign Envelope ID:2358C44F-BFBE-485C-8F40-067B53113AC8 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Champion hills Property Owners Association Inc. ("Seller") Buyer:Pine Shadow Developers LLC ("Buyer")* Property Address:Lot 61 East Chimney Crossing,Hendersonville, 28739 ("Property") [LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d)of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of$ ,receipt of which Listing Agent hereby acknowledges. Date: Firm: By: (Signature) (Print name) ❑SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d)of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of$ ,receipt of which Seller hereby acknowledges. Date: Seller: (Signature) • Champion Hills Property, Owners Association Inc. Date: Seller: (Signature) ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph 1(d)of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of$ . Escrow Agent as identified in Paragraph 1(t)of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Finn: Martin Law Firm By: (Signature) (Print name) ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF(ADDITIONAL)EARNEST MONEY DEPOSIT Paragraph 1(d)of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an(Additional)Earnest Money Deposit in the amount of$ .Escrow Agent as identified in Paragraph 1(t)of the Offer to Purchase and Contract hereby acknowledges receipt of the(Additional)Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Martin Law Firm Time: ❑AM. ❑PM By: (Signature) (Print name) Page 13 of 13 STANDARD FORM I2-T Revised 7/2022 ©7/2022 Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood Si,Suite 2200,Dallas,TX 75201 www.lwolf.com Champion 1101s