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HomeMy WebLinkAboutMorton, John�t A A / ❑ DFiEDGEt& FILL No. 74492 A B ) D GENERAL PERMIT Previous permit# ❑New El Modification ❑Complete Reissue ❑Partial'Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality // and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC �/r (10 ❑ Rules a5tached. Applicant Name._ Project Location: County / Address Street Address/ State Road/ Lot #(s) City Phone # ( L) Authorized Agent_ Affected ❑ Cw AEC(s): oOEA ❑ PWS_ State "ZIP E-Mail ____ ❑EW I]PTA [I ES ❑PTS ❑HHF ❑IH El USA El N/A vntr. yeo / it yeo Type of Project/ Activity Pier (dock) length / t Fixed Platform(s) k ' Floating Platform(s) - Finger pier(s) It Groin length number Bulkhead/Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift Beach Other Shoreline Length e) O SAM notsure yes no -- Moratorium: n/a yes nq Photos: yes n� _ Waiver Attached: yes no A building permit may be required by: ( Note Local Planning Jurisdiction) Notes/ Special Conditions or Applicant Printed Name Subdivision j—( % le r. City .. ZIPj Phone # ( ) River Basin Adj. Wtr. Body f '')� r _ (nat /man /unkn) Closest Mai-_ Wtr. Bodv (Scale: ✓ f ❑ See note on back regarding River Basin rules. Signature `-* Please read compliance statement on back of permit's` Application Fee(s) Check # Permit Offcer's Printed Name Signature P ( , Issuing Date Expiration Date 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 officerwhen 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: ❑ 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 No. 74492 Previous permit # A B 0 D ®AMA / ❑ DREDGE & FILL ENERAL PERMIT 'PlIew ❑Modification ❑Complete Reissue El Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality �� and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC v M ❑ Rules/'ttached. Applicant Name _- ���� / `ter Project Location: County Vl1 /O �, Authorized Agent Affected ' �P•TA ❑ ES ❑ PTS AEC(s): ❑ OCEA � HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ORW: yes /16-o -) PNA yes no, Street Address/ State Road/ Lot #(s) Z4;�/mil'A- Subdivision / ' C -P CityV tli u✓U zIP—�%fk�- Phone # O River Basin Adj. Wtr. Body na man Junkn Closest Maj. Wtr. Body — Type of Project/ Activity 6 X / " doC (Scale:,,�/— T5 ) Pier (dock) length % Fixed Platform(s) -r-� Floating Platform(s) Finger pier(s) T_ Groin lengthloffshore number-- + _— — Bulkhead/ Ri avg dista— IL___.— max distBasin, channe cubic yards Boat ramp Boathous Boatli Beach Bulldozing Other — — _ r _ Shoreline Length SAV: not sure yes no a .. l' Moratorium: n/a yes o Photos: yes 'C— ——'--`--- _ Waiver Attached: yes no -- A building permit may be required by: See note on back regarding River Basin rules. ( Note Local Planning Jurisdiction) � r Notes/ Special Conditions Agent or Applicant Printed Name Sig **'Please read compliance statement on back of permit" Application Fee(s) Check # Permit Otfiler' rude Name t ._---- Signature Issuing Date i t pira ion at� Cannon, Amanda J From: John Morton <John.Morton@se.com> Sent: Tuesday, May 07, 2019 1:40 PM To: Cannon, Amanda J Subject: [External] John Morton Dock Permit Info for Ryan Davenport - 000 Ned Lane ( Lot 2A ) Swansboro NC Attachments: Executed Contract.pdf; Dock Plan Sketch.pdf; Clarks Dock Approval Letter.pdf; Certified Letter Receipt side 1.pdf; Certified Letter Receipt side 2.pdf; Ms Lillies Certified Dock Letter.pdf; Plot Plan Aerial revised.pdf Hi Amanda, Per our discussion, see attached requested documents by Ryan for the requested dock permit at 000 Ned Lane ( Lot 2A ) in Swansboro NC. I have also attached an aerial plot map showing the location of the lot. It would be very much appreciated if we could have the permit approved NLT 5/14 or earlier to meet our Due Diligence timing on the lot. I can be reached at 919 760 3946 or iohn.morton@se.com as needed with any questions. Thanks, John 919-760-3946 John Morton Customer Project Manager WaterNVastewater Segment 2600 Perimeter Park or Suite 150 Morrisville, NC 27560 'Please consider the environment before printing this e- ©®� mail RECEIVED MAY 0 7 Z019 DCM-MHD CITY •, 1� •� la Wi,• T` �rjf ,y IVAy a _'�? •_'r, + ��} jsyp7 "a _:, 4' fi �rM' r i* 1- 1 t�4 r1•4 ., ;._ c DowSign Envalope 10: FE7E4BD8-196E-49D5-86D8-2B8FBBC5F72D OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New 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 otters to purchase and Setter 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": Garland Tuton Sue Tuton (b) "Buyer": John Morton Christy Morton (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If die 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 2A11-T) with this offer. Shcet Address: 000 Ned Ln City: Zip: 28584 County: onalow 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 L2A , Block/Section ESTATE Subdivision/Condominium JOHNELL HURST MCLEAN as shown on Plat Book/Slide 47 at Page(s) 5 The PIN/PID or other identification number of the Property is: 535404927449 Other description: J H MCLEAN L2A Some or all of the Property may be described in Deed Book 3529 at Page 847 (d) 'Purchase Price": $ 285,000.00 $ 2,500.00 $ 282,500 paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by ❑ cash R❑ personal check ❑ official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR M within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(0 by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on TIME BEING OF THE ESSENCE. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loans) 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). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). This form jointly approved by: Page I of 11 North Carolina Bar Association 121 North Carolina Association of REALTORSO, Inc. o' <w,ouRr REPLTORa M Buyer initialsCo., �` Seller initials/ I ,rkR.Ky, 507 Walkcns\Vuadl lane 5ackmneille NC 295,16 Phee.:9105457596 Foe: Adam Kiefer Pmdu d wilh zipf weO by zipl-Nix 18070 FlReen Mlle Road. Freaer, Miftan 48026 www z'ntno r ran STANDARD FORM 12-T Revised 7/2018 0 7/2018 RECEIVEa,.U..e MAY U 7 2019 DCM-MHD CITY DocuStgn Envelope ID: FE7E4BD8-196E-49D5-8608-2BBFBBC5F72D 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. (a) "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 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 shalt not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, die Earnest Money 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 2(c) and 2(d) 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 Earnesf Money Deposit, the prevailing patty 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 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 die 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 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 6(n) or Paragraph 9, 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 Foe, it being the intent of the patties 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. (j) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on 30 Days From Contract Execution TIME BEING OF TRE ESSENCE. Page 2 of 1 I STANDARD FORM 12-T hi Gr Revised 7/2018 Buyer' initials Seller initials /�ICI�— ©7/2018 Pmducaa,Hlh ApForm®hyypLoak 18070 Fifteen Mile Road, Fraser, Michigan 48026 wmvnomalacoai 000 Ned Lane DocuSign Envelope 10: FE7E4BD8-186E-4805-86D8-2BBFBBC5F72D (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 45 naVs Frern Cnntrant Rxanutinn (the "Settlement Dale"), unless otherwise agreed in writing, at a time and place designated by Buyer. (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 die 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 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 REALTORSO 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. 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 5(b), and Buyer's and Seller's respective responsibilities for Proposed and Confirmed 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 tinder 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: 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 suffrcieut 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: Page 3 of 11 STANDARD FORM 12-T Q Revised 7/2018 Buyer initials •p` U` Seller initials z� -,gw� REdToED Producedv h zipFotmO by zlpWgix 18070 Fifteen Mlle Road, Fmser, Michigan 48M M xylmix.cnm 000 Ned Lane MAY 0 7 2019 DCM-MHD CITY DocuSign Envelope ID: FE7E4BDB-196E-4905-86D8-288FBBC6F72D (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 tender 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, stormwater management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the sucet/road upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any street(s)hoad(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. (c) 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. (d) 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 Setter's negligence or willful acts or emissions. This indemnity shall survive this Contract and any termination hereof. (e) 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 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. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYERREPRESENTATIONS: (a) Loau: Buyer 0 does ❑ does not intend to obtain anew loan in order to purchase the Property. If Buyer is obtaining anew loan, Buyer intends to obtain a loan as follows: ®Conventional ❑ Other: loan at a Page 4 of 11 STANDARD FORM 12-T Revised 7/2018 Buyer initials y'r FUt Seller initials ZA� 07/2018 Pmdoced % i1h zpFom byzipro0ix 18070 Fi0oo0 Milo Road, Frio, Michigan 48026 �y nl onlx mnn 000 Ned Lane DoaSign Envelope ID: FE7E4BD6-196E-49D5-86D8-288FBBC5F72D M Fixed Rate ❑ Adjustable Rate in the principal amount of Purchase Price for a term of TBD year(s), at an initial interest rate not to exceed TBD % per annum (the "Loan"). NOTE: Buyer's obligations tinder 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 ® does not have to sell or lease other real property in order to qualify for a new loan or to complete purchase. NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2- T) with this offer. (c) Performance of Buyer's Financial Obligations: To the best of Buyers knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prolnbit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as may be specifically set forth herein. 4. BUYER 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) any 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 patties to this transaction, their real estate agent(s) and Buyer's lender(s). S. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: M 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) Assessments: To the best of Seller's knowledge there ❑ are ® are not any Proposed Special Assessments. If any Proposed Special Assessments, identify: NONE Seller warrants that there Cl are X❑ 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 4(a) and 6(k). (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects © 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 Page 5 of 11 STANDARD FORM 12-T / Revised 7/2018 Buyer initials ;~r UL Seller initials/, R (� ©`7/,201f5� ProducedwlNziPFa,aagby*Loglx 18070 F01ean Mile Road, Fraser, Michigan 48026 rzn zi"Loa • `Eg9k dEQ MAY 0 7 2019 CCM-MHD CITY DocuSign Envelope ID: FE7E4BD8-196E-49D5-86D8-2BBFBBC5F72D Addendum For Properties Exempt from Residential Properly 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. (d) Sewage System Permit: ( x❑ 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. (e) Private Drinldng Water Well Permit: (❑ Applicable x0 Not Applicable) Seller warrants that a private drinking water well 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. (it) 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 tine 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 die 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). (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 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. 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 (it) unless otherwise agreed, all garbage and debris. (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 tine 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 Properly 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 Page 6 of 11 STANDARD FORM 12-T /.lM—,// Revised 7/2018 Buyer init � itials Seller imtiala' /' —&Jt� 07/2018 P.dv,edwilh A,FornObyxIpL,f. 1N70Flaean Mile ad,Fraseh Mlchiaan40026 w.. cLonix, m 000 Ned Lane DocuSign Envelope ID: FE7E4BDB-196E-49D5.86D8-2BBFBBC6F72D the Property, except: ad valorem taxes for the ow rent 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: John Morton And wife Christy Morton (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ None 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. 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; (it) 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 4(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. (1) 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 Failure to Comply or Breach: If Seller fails to materially comply with any of Setter's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure of 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 the 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 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. 7. 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: (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; (a) Dues: Owners' association regular assessments (dues) and other like charges. 8. 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. 9. 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 Page 7 of 11 STANDARD FORM 12-T Revised 7/2018 Buyer initials Fil G` Seller initials (9�� r�CC//7/112``0,,18 Pbodoced Wb 2oFmb* by zlpLaN U070 Fifteen Milo Road. Freser, Mlcbigan 48026 w,�+ iotealx ram RRG�ed rml) MAY 0 7 2019 DCM-MHD CITY DocuSign Envelope ID: FE7E4BDe-196E-49D5-86D8-2BBFBBC5F720 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 desttuction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 10. 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 Patty 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 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. 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 I (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 2AI I-T) ❑ Additional Signatures Addendum (Form 3-1) ❑ Back -Up Contract Addendum (Form 2AI-T) ❑ Contingent Sale Addendum (Form 2A2-7) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Identify other attorney or party drafted ❑ Owners' Association Disclosure And Addendum For Properties Exempt from Residential Property Disclosure Statement (Form 2A 12-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) 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 mid 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 Rather, 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. 15, 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 frilly observed, kept or performed. 17. ENTIRE AGREEMENT: This Contract contains die entire agreement of the panties 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 patties. 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 Page 8 of I 1 STANDARD FORM 12-T Revised 7/2018 Buyer initials Y1r UL Seller iaitial ® 7/2018 Produced rvah zlpFoe by zipLoaiz 180I0 FBken Mile ad, Frase(,Mkhgan4 26 aanazInLodmm 000 Ned Lane DocuSign Envelope ID: FE7E4BD8-196E49D5-86D8-2BBFBBC5F72D communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address, e-mail address or faa number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, any any fee, deposit of 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. 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 religions. 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. 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: March 12 2019 ro<enm+eenr. Buyer im�Mrrrton Date: March 12, 2019 ear. Buyer (�+�'ishl Atarfeu. Maa$salilya-Morton Entity Buyer: By: Name: Title: Date: (Name ofLLC/Corporation/Parnrership/frust/ete.) Date: Seller Garland Tuton q Date: ��� 1� / Seller / l' Sue Tuton Entity Seller: (Name of LLC/Corporation/Partacrship/rnvst/etc.) By: _ Name: Title: Date: Page 9 of 11 Poiduced wphdpFoona Eyzpd-o0ix 18070 Fi0eeo Mile Road, Fraser. Mieli0an 40326 lyyq/,vr ca STANDARD FORM 12-T Revised 7/2018 © 7/2018 RECdroWED MAY U 7 2019 DCM-MHD CITY DecuSign Envelope f0: FE7E4BDB-196E-4905-86D8-2B8FBBC5F72D 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 UNA13LE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. TIES 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. 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: Buyer Fax#: Mailing Address: Seller Fax#: Buyer E-mail: John.Norton@schneider-eaectric,com Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name: 360 Realty Acting as® Buyer's Agent❑ Seller's (sub)Agent 0Dual Agent Firm License #: Mailing Address: 155 Brynn Harr Rd Unit 500, Jacksonville, NC 28546-0069 Individual Selling Agent: Adam %ie£er ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #: 269530 Selling Agent Phone#: (910)545-7596 Selling Agent Fax#: Selling Agent E-mail: akiefer03248gmaia . com Coldwell Banker Fountain Listing Firm Name: Realty Acting as M Seller's Agent ❑ Dual Agent Fhm License #: Mailing Address' 255 Williamsburg Pkwy, Jacksonville, NC 28546-6856 Individual Listing Agent: william sanders ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #: 232310 Listing Agent Phonc#: (910)265-1799 Listing Agent Fax#: Listing Agent E-mail: vsanaarsewiuramaanaerareartor. cots Page 10 of 11 Buyer initials r;ltFit - Seller initials. ProaUced with eipForm by LpLogix 18070 F0teen Mlle Road, Fraeoq Michigan 48026 .AnLcaixmhh STANDARD FORM 12-T Revised 7/2018 © 7/2018 000 Ned Lane DocuSign Envelope ID: FE7E4BD8-196E-4905-86D8-2BBFBBC5F72D ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Garland Tuton, Sue Tuton ("Seller") Buyer: John Morton Christy Morton ("Buyer") Property Address: 000 Ned Ln, Swainsboro, NC 28584 ("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: Coldwell Banker Fountain Realty By: (Signature) William Sanders (Print name) •--------------- ---------------------------------- ...................................... Ll SELLER ACIQ4OWLEDGMENT 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 Properly provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Seller hereby acknowledges. Date: Seller: (Signature) Garland Tuition Date: Seller: (Signature) Sue Triton ---------------- __----------------------------------------- _-----_ x❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT 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 Escrow Agent of an Initial Earnest Money Deposit in the amount of $ 2 , 500. 00 . Escrow Agent as identified in Paragraph l(f) 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 tetras of the Offer to Purchase and Contract. Date: Firm: Donald Walton 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(0 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: Donald Walton ❑ AM ❑ PM By: (Signature) Page 11 of 11 (Print name) STANDARD FORM 12-T Revised 7/2018 RECE1VIM Produced w lh apFurm® by aiprogix 18070 Fifteen Mlle Road, Foaser, MmMgaa 48026 wmv xlol.odx cam 000 Ned Lane MAY 0 7 2019 DCM-MHD CITY DocuSign Envelope ID: FE7E4BD8-196E-49D5-86DB-2BBFBBC5F72D r STATE OF NORTH CAROLINA g . _ MINERAL AND OIL AND GAS RIGHTS MANDATORY DISCLOSURE STATEMENT Instructions to Property Owners 1. The Residential Property Disclosure Act (O.S. 47E) ("Disclosure Act") requires owners of certain residential real estate such as single-family homes, individual condombriums, townhouses, and the like, and buildings with up to four dwelling units, to furnish Purchasers a Mineral and Oil and Gas Rights Disclosure Statement ("Disclosure Statement"). This form is the only one approved for this purpose. 2. A disclosure statement is not requted for some transactions. For a complete list of exemptions, see G.S. 47B,2(a). A DISCLOSURE STATBMBNT IS REOUIRED FOR THE TRANSFERS IDENTIFIED IN G.S. 47B-2(b), including Imusfers involving the first sale of a dwelling never inhabited, lease with option to purchase contracts where the lessee occupies or intends to occupy the dwelling, and transfer between parties when both parties agree not to provide the Residential Property and Owner's Association Disclosure Statement. 3. You must respond to each of the following by placing a check -1 in the appropriate box. MINERAL AND OIL AND GAS RIGHTS DISCLOSURE Mineral rights and/or oil and gas rights can be severed from the title to real property by conveyance (deed) of the mineral rights and/or oil and gas rights front the owner or by reservation of the mineral rights and/or oil and gas rights by the owner. If mineral rights and/or oil and gas rights are or will be severed from the property, the owner of those rights may have the perpetual right to drill, mine, explore, mid remove any of the subsurface mineral and/or all or gas resources on or from the property either directly from the surface of the property or from a nearby location. With regard to the severance of mineral rights and/or oil and gas rights, Seller makes the following disclosures: Yes No No Representation er 1. Mineral rights were severed from the property by a previous owElner, ❑ r s 2. Seller- has severed the mineral rights from the property. ❑91 1, . s 3. Seller intends to sever the mineral rights from the property prior to ❑ a, as transfer of title to the Buyer. a, Is s 4. Oil and gas rights were severed from the property by a previous owner. ❑ ❑ At Ott r, 5. Seller has severed the oil and gas rights from the property. ❑ r 6. Seller intends to sever the oil and gas rights from the property prior ❑ 91 to transfer of floe to Buyer. Note to Purchasers if the owner does not give you a Mineral and Oil and Gas Rights Disclosure Statement by the time you make your offer to purchase the property, or exercise an option to purchase the property pursuant to a lease with an option to purchase, you may under certain conditions cancel any resulting contract without penalty to you as the purchaser. To cancel the contract, you must personally deliver or mail written notice of your decision to cancel to the owner or the owner's agent within three calendar days following your receipt of this Disclosure Statement, or duce calendar days following the date of the contact, whichever occurs first. However, in no event does the Disclosure Act permit you to cancel a contract after settlement of the transaction or (in the case of a sale or exchange) after you have occupied the property, whichever occurs first. Property Address: 000 Ned Ln, Swanalo 285&9 Owner's Name(s): Garland Tuton Sue futon Owners) acknowledge having exantined this Disclosure Statement before signing and that all fnitonnafiovi is true and correct as of the date signed. �—r- —1 Owner Signature: '�j / --�-Garland Tot= Date /,7 i OwneSue Tuton Date —t%Z " L 2 Purchaser(s) acknowledge receipt of a copy of this Disclosure Statement; that they have exantbted it before signing; that they understand that this is not a wearmity by owner or otpnv's agent-, turd that the representations are made by the owner and not the owner's agent(s) o r ttSlq'S'ysy. . Purchaser Signatu c '{bN. Date 3/12/2019 Purchaser Signs 'e. 'IRMAls, Date3/12/2019 ....... U0artl E... ARC 4M Coldivell 13w ker Pounmin Really, 255 Williamsburg Parkway Jacksonville, NC 28546 111/15 Phona(910)265-1999 Fax: willinmsauders Garlmd'Trion w.vMced�wlh zlpFaertiabyaplaai%la0]O Fllwan Nile PoaL, F,a,er, Mkhigen da02a MW1AuLaa1x.a0n1 o0 n 4 n W'? Wmi( to ICOUW 011". John Morton Christy Morton 125 Flint Point Lane Holly Springs, N.C. 27540 March 8, 2019 Dear Mr. and Mrs. Morton, Union Bank has pre -approved you for a $240,000 loan to purchase a $300,000.00 waterfront lot. The loan approval will be based on an acceptable appraisal and properly executed loan documents. The pre -approval is good for six months from the date of this letter, Should you have any questions, please feel free to call 910-353-8600. Sincerely, Chris oncourtois Senior Vice President Phone (910) 353 8600 Pax (910) 353-8612 118 Western Blvd. < Jacksonville, NC 28546 �J? FDIC RECEIVED MAY 0 7 2019 DCM-MHU CITY t� S L m l pp a N 3 d a 01, m 0 N �J v DECEIVED MAY 0 7 2019 DCM-MHD CITY F 1• 5` if zy a°kn t chrl,5� O(6f4n WoIo52 4 Dack �{f �5 2G 1 O1 1�f� --"� 0 iJ�S�AtIC� T65Si�i��� ck5 Sflvy\e Dck T2scc ; 4f tna� w:d2 each _ F RECEIVED ` MAY 0 7 2019 2 13 K ��j '�G2'� �OR 9 5 DCM-MHD CITY 1 • o C k (iv h c -� 0 }� �liow� d Circ+MA I : ; RECEIVED MAY 0 7 2019 UCM-MHD CITY �!�� J � ifr o .ol � ! �'I �� 'i I ._���� I �.^ , ����i' �'� ,spy' 1�' _� .1 .: i� I4� ik �Yr Lei -IIf ���� � �i)) �� rr 'I � '� .y�r �� �. Ilysg� F!'i��� I�l �f ��. _��� � 5 � ��� �' 1n�I,_ ���_ 5 �� �' ,_L w ,. j:¢: � �_ `' S�'��' K ._�V� 'F �_ ; — ' . �. F, �. i, ,Iti < + r! �M ,'�•_' �t fi r ' -��� n T "i � 3 �4�,,, .��,,:�w t�. �fii q',': '� 4� n i . � �.` l�, �_ I hereby certify that 1 own property adjacent to _':,.a . j property located at — Name ; _i ( ProPectlf Owner) (Address, Lot, Block, Road, etc.) on o �5 14`_S IJ f$w in (Wa6erbaly) N.C. (CityRown atrdror Courtly) The applicant has described to me, as shown below, the development proposed at the above zI have no objection to this proposal. I have objections to this proposal. DESCRIPTION ANDM DRAVONG Of PROPOSED DEVELOPMENT (ludvldual Proposing devekkwsent must IWP 6t descr4Wdn below or attach a sltie &awbW - - - -- - dock k�Aa(IC�..1a r.��ai2 �t 3acrS i3 rf I.f+t 13rh w - 3 '. ;x + 6 as l�Ti � L A-ir WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, tift, or gran must be set back a minimum distance of 15' from my area of riparian access uriess waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement I do not wish to waive the 15' setback requirement (7013erty knvner,information) Shifinlilre Tr: -� Pnnr or Typc Na�(na Mailing Address ciryisr. rdZ p _ _ Tcicphono Number!erpair address 'Vafld for one calendar year after signature' (Adjacent Property owner inform) that /4 C14 (Revised Aug- 2014) DECEIVED MAY 0 7 2019 DCM-MHD CITY Lw ftF.'WYr di11 Ai�'ia:,TlRutlSal - M , � �1 It- CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: �OL�r, c C hrt I -. ON) o r4o n Address of Property: (Lot or Street #, Street or Road, City $ County) Agent's Name #: Pr A0.rn 16\ t t t MailingAddress�: ryt J IJr hresat{ jCAr}u) Agent's phone#: ��Q ^ �tf Jc _ 2-5 p t tt �i.4.i Ee 5W ^AI,�Serlvi ��2 Asti I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. _ I have objections to this proposal. If you have objections to whatis being proposert you mustnobty the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM ofifces is available atht�t://wrvw.nccoastalmalragement.nebweblem6taff-listinraorbycalling1-888-4RCOAST. No response is considered the some as no objecdon Uyou have been notified by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. 1 do not wish to waive the 15' setback requirement. (Property Owner Inform tion) (Riparian Property Owner Information) Si ijriture 'r� � l g Signature bn0. 1 hoc-o n Print or Type Name 1 as- To-,l-c Lxrte., Mailing Address :lo\' �a 5or,ngs Nam,- oZ+S40 cdylstateivp U,tC\- �o -3q4(% ,)ohs, Telephone Number/ Email AddrbisC` se 7 ED 11 i Print or Type Name Mailing Address CitylStale/Lip Telephone Number/Email Address Date RECEIVED (Revised Aug. 2M" Q 7 2019 DCM-MHD CITY 4" r - r S1 A ^ (7 19 ^_•- 41 LP J ,r a ' f 11 t r. r n Tel ,may y,yR�T :i 1 l= i ii oil 1. k. S, Iv rr -`� iY{ie, �'J-%�-�„� .. - .F�- I�iy. i', hi�4 � •� �� �y,•L� r�N l^•:i, � - i I I icy i :'}: YI • n'I' ~::✓''�rlry� i'ill•� Jim �i y ii F GoMaps May 8, 2019 1:1,128 0 0.0075 0.015 0.03 mi 0 0.015 0.03 0.06 km 019