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HomeMy WebLinkAboutYates, Lynwood'LAMADREDGE & FILL No. 73203 A B ;' C D NERAL PERMIT Previous permit# ❑ew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality '4+ and the Coastal Resources Commission in an area of en �ironmental concern pursuant to I SA NCAC #' f ©Rules attached. Applicant Name '" � � � Project Location: County - - Address -' ' / _ Street Address/ State Road/ Lot #( City_ State '' ZIP i e� Phone # ( )_ E-Mail Subdivision Authorized Agent City ZIPJ CW EW ❑ PTA D,�_.- ElPTS Phone # ( ) River Basin Affected L OEA AEC(s): ❑' HHF IH ElUBA ❑ N/A Adj. Wtr. Body ` ' ' nat� man unkn L : PWS: ORW: yes / no PNA yes / no Closest Maj. Wtr. Body Type of Project/ Activity (Scale: Pier (dock) length Fixed Platform(s) Floating Platform(s) Finger pier(s) Groin length number Bulkhead/ Riprap length 1 avg distance offshore max distance offshore Basin, channel I i cubic yards Boat ramp Boathouse/ Boatlift — -- — I j I ' Beach Bulldozing Other i i I I Shoreline Length SAV: not sure yes no Moratorium: n/a yes no Photos: yes no _ Waiver Attached: yes no A building permit may be required by: '" ❑ See note on back regarding River Basin rules. ( Note Local Planning jurisdiction) Notes/ Special Conditions Agent or Applicant Printed amen Signature * Please rei d compliance statement on back of permit ** Application Fee(s) Check # PermitOfficer"s Printed Name Signatur / t Issui 5 ate Expira on D to Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar- Pamlico River Basin Buffer Rules Other: �i Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to complywith these buffer rules. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow - North of New River Inlet- and Pamlico Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax:910-395-3964 (Serves: Brunswick, New Hanover, Onslow - South of New River Inlet - and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 7/06/17 Davenport, Ryan From: Lynwood yates <leyates3@yahoo.com> Sent: Thursday, September 27, 2018 2:52 PM To: Davenport, Ryan Subject: [External] Emergancy General Permit for Lynwood Yates Dock/Bulkhead Attachments: 125_Clearblue-_Executed_Cont.pdf HI Ryan, as per our conversation on site yesterday (9-26) 1 would like to Submit for an Emergency General Permit to rebuild the Dock and Bulk Head in their existing locations the property for the repairs are located at 125 Clearblue Lane, Swansboro NC 28584. These existing structures were both damaged by hurricane Florance. in September 2018. Name; Lynwood E Yates III Mailing address; 219 sea holly trail, Swansboro NC, 28584 phone Number; (910) 376-5697 Project Location ; 125 Clearblue lane, Swansboro NC 28584 Body of water; White Oak River The Dock is roughly 140 feet and the Bulk head is roughly 150 feet. I have attached the offer to purchase and a snip of the email from the owner giving me permission to pull permits. please let me know if you need anything else. Thanks again Ryan for your help. Letter from Owner Rita Peck giving permission for me to pull permits (below) From: Rita Peck<rita.peckCcD-leaacylawyersnc.com> Date: September 27, 2018 at 1:28:15 PM EDT To: david robertson <davidarobertsonteamB-c mail com> Subject: 125 Clearblue Lane Lynwood Yates has our permission to pull p Hi Dave -Can you please forward this for me Thank you! Best Regards, Rita Peck Respectfully, Lynwood Yates (910) 376-5697 2 DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB-4628-85F0-FC8E283497AA OFFER TO PURCHASE AND CONTRACT [Consult "Guidelines" (Form 2G) for guidance in completing this form] 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 tenns 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 tern. (a) "Seller": MGD LLC (b) "Buyer": Lynwood E. Yates III (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A I I-T) with this offer. Street Address: 125 Clearblue Lane _ City: Swansboro _ _ Zip: V 28584 County: Onslow 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 n/a Block/Section n/a Subdivision/Condominium N/A , as shown on Plat Book/Slide 57 at Page(s) 222 The PIN.!PID or other identification number of the Property is: 536504626762, 536504626796 536504626860 Otherdescription: Tax ID 1323-25, PARCELS 014363, 013856, 153733 Some or all of the Property may be described in Deed Book 3626 at Page 768 (d) "Purchase Price": $ 199,900.00 paid in U.S. Dollars upon the following terms: $ n/a BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. $ 2,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by ❑ cash ® personal check ❑ official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR ❑within five (5) days of the Effective Date of this Contract. $ n/a BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I (f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on August 20, 2018 TIME BEING OF THE ESSENCE. $ n/a 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). $ n/a BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). $ n/a BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3-T). $ 197,900.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). 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 Page 1 of 13 This form jointly approved by: STANDARD FORM 2-T North Carolina BaorSAssociation DS121 Revised 7/2018 owNorth Carolin .�SSpfj�tion of REALTORS, Inc. �, ErNTY ©7/2018 WM Buyer initials ttSeller initials r'n` CrysW Coast Realty R Flomt Se. 128 Cedar Point Bhd Cedar Point NC 28P84 14— (s I8)810-478' Fac L—waxd F Yates I sure Valli, Produced with zileFomt® by ztpLogtx 18070 Fifteen Mile Road, Fraser. Michigan 48026 www.znoLtwtx.cpn DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB-4628-85F0-FC8E283497AA have one (I ) 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. (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 he deposited 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. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Ntoney Deposit shall be paid to Seller as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(d) and 4(c) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller 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. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): John E . Tantum, P.A. Attorney NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest looney 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 4 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 shall be a credit to Buyer at Closing. The Due Diligence Fee shall he non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 8(n) or Paragraph 12, 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. 0) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on September 13, 2018 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 September 20, 2018 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. DS Buyer initials Page 2 of 13 A,DS I mil, Seller initials STANDARD FORM 2-T Revised 7/2018 U 7/2018 Produced wth zipFormm by ziplogix 18070 Fifteen We Road, Fraser, Mich+gan 48026 WWW noLoals.com Lynmx)d E. Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSlgn Envelope ID: 2C4B9364-F7FB-4628-85F0-F(;8L28:i49/AA (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 tinder Paragraph 13 (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 RF.ALTORSt 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), cithcr of which may be a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 7(c), and Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 6(a) and 8(k). 2. FIXTURES AND EXCLUSIONS. (a) Specified Items: Unless identified in subparagraph (d) below, the following items, including all related equipment and remote control devices, if any, are deemed fixtures and shall convey, included in the Purchase Price free of liens: • Alarm and security systems (attached) for security, fire, smoke, carbon monoxide or other toxins with all related access codes, sensors, cameras, dedicated monitors, hard drives, video recorders, power supplies and cables; doorbells'chimes • All stoves/ranges/ovens; built-in appliances; attached microwave oven; vent hood • .Antennas; satellite dishes and receivers • Basketball goals and play equipment (permanently attached or in -ground) • Ceiling and wall -attached fans; light fixtures (including existing bulbs) • Fireplace insert; gas logs or starters; attached fireplace screens; wood or coal stoves • Floor coverings (attached) • Fuel tank(s) whether attached or buried and including any contents that have not been used, removed or resold to the fuel provider as of Settlement. NOTE: Seller's use, removal or resale of fuel in any fuel tank is subject to Seller's obligation under Paragraph 8(c) to provide working, existing utilities through the earlier of Closing or possession by Buyer. Garage door openers with all controls DS Buyer initials • Generators that are permanently wired • Invisible fencing with power supply, controls and receivers • Landscape and outdoor trees and plants (except in moveable containers); raised garden; landscape and foundation lighting; outdoor sound systems; permanent irrigation systems and controls; rain barrels; landscape water features; address markers is Mailboxes, mounted package and newspaper receptacles • Mirrors attached to walls, ceilings, cabinets or doors; all bathroom wall mirrors • Storage shed; utility building • Swimming pool (excluding inflatable); spa; hot tub • Solar electric and solar water heating systems • Sump -pumps, radon fans and crawispace ventilators; de -humidifiers that are permanently wired • Surface -mounting brackets for television and speakers; recess -mounted speakers; mounted intercom system • Water supply equipment, including filters, conditioning and softener systems; re -circulating pumps; well pumps and tanks • Window/Door blinds and shades, curtain and drapery rods and brackets, door and window screens and combination doors, awnings and storm windows Page 3 of 13 Ds Seller initials STANDARD FORM 2-T Revised 7/2018 v 7/2018 Produced with ztpForm® by zipLogix 18070 Fifteen Mile Road Fraser. Michigan 48026 twwz2L._�gq�1x c t,yn„-� r. Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB-4628-85F0-FC8E283497AA (b) Items Leased or Not Owned: Any item which is leased or not owned by Seller, such as fuel tanks, antennas, satellite dishes and receivers, appliances, and alarm and security systems must be identified here and shall not convey: lc) Other Fixtures/Unspecified items: Unless identified in subparagraph (d) below, any other item legally considered a fixture is included in the Purchase Price free of liens. (d) Other Items That Do Not Convey: The following items shall not convey (idenlify chose irerrts to he excluded under subparagraphs (a) and (c)): n/a Seller shall repair any damage caused by removal of any items excepted above. 3. PERSONAL PROPERTY: The following personal property shall be transferred to Buyer at no value at Closing: n/a NOTE: Buyer is advised to consult with Buyer's lender to assure that the Personal Property items listed above can be included in this Contract. 4. 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 Seiler. 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 8 of this Contract or for any other reason permitted under the teens 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: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. 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 appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. (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) Inspections: Inspections to determine the condition of any improvements on the Property, the presence of unusual drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presence of asbestos or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and the presence and level of radon gas on the Property. (ii) 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 Residential Property and Owners' Association Disclosure Statement 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. (iii) Insurance: Investigation of the availability and cost of insurance for the Property. (iv) Appraisals: An appraisal of the Property. (v) 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. (vi) 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. ns Page 4 of 1 Is STANDARD FORM 2-T �,�� I� ►�l Revised 7/2018 Buyer initials Seller initials S® ®7/2018 Produced with zipForrn® by zipLogi■ 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwy zipLooix.cc Lymvood E. Yates DocuSign Envelope ID 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FBA628-85F0-FC8E283497AA (vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (viii)Utilities and Access: Availability, quality, and obligations for maintenance of utilities including water, sewer, electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (ix) 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: ( I ) whether any street(s),!road(s) are public or private, (2) whether any streets)/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. (x) Fuel Tank: Inspections to determine the existence, type and ownership of any fuel tank located on the ProDerty. NOTE: Buyer is advised to consult with the owner of any leased fuel tank regarding the terms under which Buyer may lease the tank and obtain fuel. (c) Repair/Improvement Negotiations/Agreement: Buyer acknowledges and understands that unless the parties agree otherwise, THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION. Buyer and Seller acknowledge and understand that they may, but are not required to, engage in negotiations for repairs/improvements to the Property. Buyer is advised to make any repair/improvement requests in sufficient time to allow repair/improvement negotiations to be concluded prior to the expiration of the Due Diligence Period. Any agreement that the parties may reach with respect to repairs/improvements shall be considered an obligation of the parties and is an addition to this Contract and as such, must be in writing and signed by the parties in accordance with Paragraph 20. NOTE: See Paragraph 8(c), Access to Property and Paragraph 8(m), Negotiated Repairs/Improvements. (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 either approved by the N.C. Home Inspector L.icensure Board or applicable to any other 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. (f) Buyer's Right to Terminate: 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 BELVG 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 1S OTHERWISE MADE IN WRITING. BUYER REPRESENTATIONS: (a) Loan: Buyer M does ❑ does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ FHA ❑ VA (attach FHANA Financing Addendum) M Conventional ❑ Other: n/a loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of $197 , 900.00 plus any financed VA Funding Fee or FHA MIP for a term of 30 year(s), at an initial interest rate not to exceed 4 .500 % per annum (the "Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. NOTE: If Buyer does not intend to obtain a new loan, 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 new loan. (b) Other Property: Buyer ❑ does M does not have to sell or lease other real property in order to qualify for a new loan or to complete purchase. NOTE: This Contract is not conditioned upon the sale of Buyer's property unless a contingent sale addendum such as Standard Form 2A2-T is made a part of this Contract. DS Buyer kidak Page 5 of 13 Seller initials STANDARD FORM 2-T Revised 7/2018 7/2018 Produced with npromS by zipLogix 18070 Fr teen MAW Road, Fraser, MiGngan 48026 gip L? nµoW ti_ Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB-4628-85FO-FC8E283497AA (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 Buyers financial obligations in accordance with this Contract, except as may be specifically set forth herein. (d) Residential Property and Owners' Association Property Disclosure Statement (check only one): ❑ Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer. Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the Effective Date; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ Exempt from N.C. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES): n/a (e) Mineral and Oil and Gas Rights Mandatory Disclosure Statement (check only one): ❑ Buyer has received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer. X) Buyer has NOT received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the Effective Date; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ Exempt from N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement because (SEE GUIDELINES): n/a Buyer's receipt of a Mineral and Oil and Gas Rights Mandatory Disclosure Statement does not modify or limit the obligations of Seller under Paragraph 8(g) of this Contract and shall not constitute the assumption or approval by Buyer of any severance of mineral and/or oil and gas rights, except as may be assumed or specifically approved by Buyer in writing. NOTE: The parties are advised to consult with a NC attorney prior to signing this Contract if severance of mineral and/or oil and gas rights has occurred or is intended. 6. BUVER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) anv loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners' association for providing information required by Buyer's lender; (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees'; (iii) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii) recording the deed; and (ix) 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: (1) 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). 7. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: ICI has owned the Property for at least one year, ❑ has owned the Property for less than one year. ❑ does not yet own the Property. Page 6 of 1 EW Ds STANDARD FORM 2-T Revised 7/201 S Buyer initials Seller initials cG'' 7/2018 Produced with znpForm® by zipLogix 18070 hfteen We Road, Fraser, Michigan 48026 www.zioLoux.c= Lytmood F. Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB-4628-85F0-FC8E283497AA (b) Lead -Based Paint (check if applicable): M The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint hazards Disclosure Addendum {Standard Form 2A9-T)). (c) Assessments: To the best of Seller's knowledge there ❑ are © are not any Proposed Special Assessments. It' any Proposed Special Assessments, identify: Seller warrants that there ❑ are ® are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: NOTE: Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 6(a) and 8(k). (d) Owners' Associations) and Dues: Seller authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, representative, closing attorney or lender true and accurate copies of the following items affecting the Property, including any amendments: • Seller's statement of account • master insurance policy showing the coverage provided and the deductible amount • Declaration and Restrictive Covenants • Rules and Regulations • Articles of Incorporation • Bylaws of the owners' association • current financial statement and budget of the owners' association • parking restrictions and information • architectural guidelines ❑ (specify name of association): n/a whose regular assessments ("dues") are $n/a per n/a . The name, address and telephone number of the president of the owners' association or the association manager is: n/a Owners' association website address, if any: n/a ❑ (specify name of association): n/a whose regular assessments ("dues") are $n/a per n/a . The name, address and telephone number of the president of the owners' association or the association manager is: n/a Owners' association website address, if any: n/a 8. 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 may be withholding as provided by the Internal Revenue Code. (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). Page 7 of 13 Ds DS STANDARD FORM 1-T Buyer initials 'I Y ' Seller initials Revised 7/2018 �— 7/1018 Produced with 21pFOnTO by npLogiz 18070 Fdleen Mde Road, Fraser, Mictvgan 48026 www_2ioL=x.com Lvn%%ood E. Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2B51CD5A-9665-42CA-AD1Z-503483DUAt3Eti (c) Access to Property: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing 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. NOTE: See WARNING in paragraph 4 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, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification 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 therefrom. (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 be 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 detects, 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 Form 2A 14-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: Lynwood E. Yates III and Laura K. Yates (wife) (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement S 2 , 500.00 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. NOTE: Parties should review the FH.ANA Addendum prior to entering an amount in Paragraph 8(i). Certain FHANA lender and inspection costs CANNOT be paid by Buyer at Settlement and the amount of these should be included in the blank above. 0) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract other than those fees required to be paid by Buyer under paragraph 6(b) above; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, 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. os Buyer initials Page 8 of 13 AA ,,DS Seller initials STANDARD FORM 2-T Revised 7/2018 C 7/2018 Produced with npFOmM by zipLogw 18070 Fifteen Mile Road. Fraser. Michigan 48026 wwv nnix I-vn%%ood l' Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB-4628-85F0-FC8E283497AA (1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Negotiated Repairs/Improvements: Negotiated repairs/improvements shall be made in a good and workmanlike manner and Buyer shall have the right to verify same prior to Settlement. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 8 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing parry in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 9. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: (o) 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) Taxes on Personal Property: Ad valorem taxes on personal property for the entire year shall be paid by Seller unless the personal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis; (c) Rents: Rents, if any, for the Property; (d) Dues: Owners' association regular assessments (dues) and other like charges. 10. HOME WARRANTY: Select one of the following: 11 No home warranty is to be provided by Seller. Ll Buyer may obtain a one-year home warranty at a cost not to exceed $ n/a which includes sales tax and Seller agrees to pay for it at Settlement. ❑ Seller has obtained and will provide a one-year home warranty from n/a at a cost of $ n/a which includes sales tax and will pay for it at Settlement. NOTE: Home warranties typically have limitations on and conditions to coverage. Refer specific questions to the home warranty company. 11. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. 12. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does NOT elect to terminate this Contract. Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 13. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non -Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Parry 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. 14. POSSESSION: Possession, including all means of access to the Property (keys, codes including security codes, garage door openers, electronic devices, etc.), shall be delivered upon Closing as defined in Paragraph 1(m) unless otherwise provided below: ❑ A Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-T) ❑ A Seller Possession After Closing Agreement is attached (Standard Form 2A8-T) ❑ Possession is subject to rights of tenant(s) NOTE: Consider attaching Additional Provisions Addendum (Form 2AI1-T) or Vacation Rental Addendum (Form 2A13-T) Ds Buyer initials Page 9 of 13 AA&DS Seller initials STANDARD FORM 2-T Revised 7/2018 C 7/2018 Produced with iipFom4D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 WWw.Z!➢LQ2X-rQM Lynxvood L. Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB-4628-85F0-FC8E283497AA 15. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALI, OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. M Additional Provisions Addendum (Form 2A 1 I-T) ❑ Additional Signatures Addendum (Form 3-T) ❑ Back -Up Contract Addendum (Form 2A1-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ FHANA Financing Addendum (Form 2A4-T) M Lead -Based Paint Or Lead -Based Paint Hazard Addendum (Form 2A9-T) ❑ Identify, other attorney or party drafted addenda: ❑ Loan Assumption Addendum (Form 2A6-T) ❑ New Construction Addendum (Form 2A3-T) ❑ Owners' Association Disclosure And Condominium Resale Statement Addendum (Form 2A 12-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A 14-T) ❑ Vacation Rental Addendum (Form 2A13-T) NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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, and any fee, deposit or other payment to be delivered to a party herein, may be given to the party or to such parry's agent. 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. 22. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 23. 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 begirt 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. DDS Buyer initials f Page 10 of 13 Ds Seller initials STANDARD FORM 2-T Revised 7/2018 (07/2018 Produced with zrpForm® by zipLogix 18070 Fifteen Mile Road. Fraser. Michigan 48026 yanyjjpLQgL&Q= I.N nwood F rates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FBA628-85F0-FC8E283497AA THE NORTH CAROLINA ASSOCIATION OF REALTORS(9,, 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. Dale: Ayawt 13, 2018 Doeusigned by: Buyer W60yyp��� }} e. LyII 75TDD�CJ18.. 1 Z 1 - Date: Buyer Entity Buyer: By: _ Name: Title: Dabs: _ (Name of LLC/Corporation/Partnership/Trust/etc.) Date' Seller MGD LLC Date: Seller Entity Seller: , -LC/Corporation/Partnership/Trust/ete.) C7F12EDD2B670477 Name: Title: Date: 8/17/2018 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 SI IOULD NOT RELI' ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 1 1 of 13 STANDARD FORM 2-T Revised 7/2018 t) 7/2018 Produced wth zipForrn® by zipLoglx 18070 Fifteen Mde Road, Frazer. Michigan 48026 wfYw z Qfljx,sY Lynwood E. Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB4628-85F0-FC8E283497AA 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: Mailing Address: 219 Sea Holly Trail, Swansboro NC 28584 Buyer Fax#: Buyer E-mail: SELLER NOTICE ADDRESS: Mailing Address: 428 Eastwood Road, Wilmington NC Seller Fax#: Seller E-mail: CONFIRMATION OF AGENCV/NOTICE ADDRESSES Crystal Coast Realty and Home Selling Firm Name: Services Acting as® Buyer's Agent ❑ Seller's (sub)Agent ❑ Dual Agent Firm License #: Mailing Address: 528_Cedar Point Blvd, Cedar Point NC 28584 Individual Selling Agent: Laura Valle ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #: 298472 Selling Agent Phone#: (518) 810-4787 Selling Agent Fax#: Selling Agent E-mail: laura@ cehomerealty. eom Listing Firm Name: Wilkinson ERA Real Estate Acting as ® Seller's Agent ❑ Dual Agent Firm License #: C12909 Mailing Address: Individual Listing Agent: David A. Robertson ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #: 255833 Listing Agent Phone#: (910) 471-7702 Listing Agent Fax#: davidarobertsonteam@gmail.co Listing Agent E-mail: m [THIS SPACE INTENTIONALLY LEFT BLANK] Page 12 of 13 STANDARD FORM 2-T Revised 7/2018 ® 7/2018 Produced with zipfonTO by ziplogix 18070 Rfteen Mile Road Fraser. Michigan 48026 Lynwood E. Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB4628-85F0-FC8E283497AA ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: MGD LLC ("Seller") Buyer: Lynwood E. Yates III ("Buyer") Property Address: 125 Clearblue Lane, Swansboro, 28584 ("Property") ------------------------------------------------------------------------------------------- ❑ LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(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 S , receipt of which Listing Agent hereby acknowledges. Date: Firm: Wilkinson ERA Real Estate M. (Signature) David A. Robertson (Print name) ------------------------------------------------------------------------------------------- ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Otter 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 Date Seller: (Signature) MGD LLC Seller: (Signature) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph I(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 S . Escrow Agent as identified in Paragraph I(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 Firm: John E. Tantum, P.A. By: (Signature) Attorney (Print name) ------------------------------------------------------------------------------------------- ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph I(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 S . Escrow Agent as identified in Paragraph I(f) 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: John E. Tantum, P.A. Time: ❑ AM ❑ PM By: (Signature) Att money (Print name) Page 13 of 13 STANDARD FORM 2-T Revised 7/2018 C 7/2018 Produced with zipFormS by z,plogix 18070 Fifteen Mde Road, Fraser. Middgen 48026 www z:oLouix co m t.ynNoed E. Yates DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB4628-85F0-FC8E283497AA ADDITIONAL PROVISIONS ADDENDUM Property:125 Clearblue Lane, Swansboro, 28584 Seller: MGD LLC Buyer: Lynwood E . Yates I I I This Addendum is attached to and made a part of the Offer to Purchase and Contract ("Contract") between Seller and Buyer for the Property. NOTE: All of the following provisions which are marked with an "X" shall apply to the attached Offer to Purchase and Contract or Offer to Purchase and Contract — Vacant Lot/Land ("Contract"). Those provisions marked "N!A" shalt not apply. l . EXPIRATION OF OFFER: This offer shall expire unless unconditional acceptance is delivered to Buyer on or before ❑ AM ❑ PM, on TIME BEING OF THE ESSENCE, or until withdrawn by Buyer, whichever occurs first. 2. ("To be used with Offer to Purchase and Contract Form 2-T only) SEPTIC SYSTEM INSTALLATION/ MODIFICATION: As a part of the Buyer's Due Diligence, Buyer intends to obtain an Improvement Permit or written evaluation from the County Health Department ("County") for a (check only ONE) ❑ conventional or ❑ other ground absorption sewage system for a bedroom home. Except for the costs for clearing the Property, all costs and expenses of obtaining such Permit or written evaluation shall be home by Buyer unless otherwise agreed. Seller shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections by no later than NOTE: Insert a date that will allow testing to be completed prior to the end of the Due Diligence Period. RENTALANCOMEANVESTMENT PROPERTY: The Property shall be conveyed subject to existing leases and/or rights of tenants. Seller shall deliver to Buyer on or before true and complete copies of all existing leases, rental agreements, outstanding tenant notices, written statements of all oral tenant agreements, statement of all tenant's deposits, uncured defaults by Seller or tenants, and claims made by or to tenants, if any. NOTE: Insert a date that will allow review to be completed prior to the end of the Due Diligence Period. Any security deposit held in connection with any lease(s) shall be transferred to Buyer at Settlement and otherwise in accordance with North Carolina Tenant Security Deposit Act (N.C.G.S. § 42-54)Seller ❑ will ❑ will not transfer to Buyer any pet fee/deposit at Settlement. NOTE: DO NOT USE THIS PROVISION FOR PROPERTY SUBJECT TO THE NORTH CAROLINA VACATION RENTAL ACT. A VACATION RENTAL ADDENDUM SHOULD BE USED IN SUCH CASES. 4. x AGREED -UPON REPAIRS AND/OR IMPROVEMENTS: Seller agrees, prior to Settlement Date and at Seller's expense, to complete the following items: Allow buyer access to property to make any necessary repairs/assessments/inspections prior to end of due diligence period. Buyer shall have the right to verify, prior to Settlement, that the above items have been completed in a good and workmanlike manner. This form jointly approved by: Page I of 2 STANDARD FORM 2A1 I - T North Carolina Bar Association Revised 7/2015 North Caroli go of REALTORSF.` Inc. °S lollal ouawc D 7/2018 TORR / /� , av�oaruwlrr Buyer initials Ul Seller initials Crystal Chat Rcaln R Ilene Se. 528 Coda+ Pomt 61rd Cedar 1'uim NC 2a564 Plnxm Is lhla)o-4787 F- Lgnao«f i Yates 1— Valte Produced vath zipFomvV oy ZIPLogox 18070 Rfleen we Road, Fraser. Milligan 48026 wwvi not. 000e.com DocuSign Envelope ID: 2FBCECEA-262C-4480-884C-5F427EE44CA7 DocuSign Envelope ID: 2C4B9364-F7FB-4628-85F0-FC8E283497AA 5. MANUFACTURED (MOBILE) HOME: The Property shall include the following manufactured (mobile) home(s) located on the Property: VIN(s): or VIN(s) unknown Other description (year, model, etc.): IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT, THIS ADDENDUM SHALT. CONTROL, EXCEPT THAT IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE PROPERTY.OR THE IDENTITY OF THE BUYER OR SELLER, THE CONTRACT SHALL CONTROL. 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. 8/17/2018 8/16/2018 12:56:01 PM PDT Date: DoeuSigned by: Buyer: bt 64 f, Lynwood L OWA�%4b,)Ng Date: Buyer Entity Buyer: (Name of LLC/Corporation/Partnership/TrusUetc.) By: Name: Title: Date: Date: �DocuSigned by: Ilaf Seller: ill MGD LLC 7F12EDD2B670477... Seller: Entity Seller: (Name of LLC/Corporation/Partnershipfrrust/etc.) By: Name: Title: Date: Page 2 of 2 STANDARD FORM 2AI I-T Revised 7/2015 V 7/2018 Produced with zipForm® by zipLogx 18070 Fifteen Mile Road, Fraser, Mrchgan 48025 2EJMLZjj� tgw—.d F Yaks I -< z L M O