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HomeMy WebLinkAbout66613D - GravesI,CAMA / ❑ DREDGE & FILL aENERAL PERMIT / ` Previous permit# A B New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued •ized by the State of North Carolina, Department of Environment and Natural Resources M, :oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC • ZL' ' r / ❑Rules attached. t Name G� yC� C''� dC Project Location: County �E=.r�t)�-� N -76 Gi CL= N G' r! % ,�VZ Street Address/ State Road/ Lot #(s) statw4e- ZIP ; 2 / y /9 q (?"- 4pV -Mail A 10 � `% f �L" `X/(� K•%I "Subdivision ad Agent 1 %A' City �.( !/ i( %'Jl G{` ZIP ❑ CW p?EW kpTA ❑ ES ❑ PTS Phone # River Basin ❑ OEA ❑ HHF ❑ IN ❑ URA ❑ N/A Adj. Wtr. Body lOqA �✓ �� �7r/,�r�- ; lr 1-1 PWS: yes / no PNA yes / no Closest Maj. Wtr. Body Project/ Activity :k) length itform(s) Platform(s) igth, nber I/ Riprap length distance offshore x distance offshore cannel Ac yards ip illdd;ing Length 2 not sure yes no ium: n/a yes n yes no \ttached: :,'-yes no, (Scale: c ❑ See note on back regarding River Basin n ig permit may be required by: Local Planning jurisdiction) II ion Coasta1.lt gt. Habitat impact- Computer Sheet NC Divi of Applicant: Date: r Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet for. Fit (Ar (Applied for. Disturbancetotal (Anticipated final disturbance. (Applied Disturbance dis Habitat Name DISTURB TYPE Choose One includes any anticipated Excludes any restoration total includes. any anticipated Ev res restoration or temp im acts and/or temp impact amount) restoration or tempim acts ter arr ❑ Fill ❑ Both ❑ Other 2�� V W Dredge Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge. ❑. Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: 4—+oq (-,U-(k. B2ZEST ��-- 1Z Phone Number: Email Address: ,< Ol.l c V�-Q I certify that I have authorized , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at , m County. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Print or Type Name Title r 1z, � ADJACENT RIPARIAN PROPERTY OR STATEMENT I I hereby certify that I own property adjacent to property located at L-,r2t (Name of m (Waterbody) (Address, Lot, Block, Road, . in etc Owner) (City/Town and/or County) N.C. The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) P/, L -Y S/ C E A� c. C"Ns'� Al v�V\ty- } S ey-\ o • N ICttaLC-t-4 • ;�� o � o-M r WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin 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. I do not wish to waive the 15' setback requirement. (Property Owner Information) Signat�%e / n e r ✓,P1' Print or Type ame rmation) 3ignarurer Print or TypeName }32 - /VA>Cor� AAnilinrr drlrlrn�o Mailina Address OFFER TO PURCHASE AND CONTRACT -VACANT LOTILAND [Consult "Guidelines" (form 12G) for guidance in completing thiw form] "E: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not ha, xfiate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been plant :rly approved and recorded with the register of deeds as of the date of the contract. If Sclter is Buyer' builder and the sale involy nnstruction of a new single family dwelling prior to closing. use thr standard Offer to Purchase and Contract ---New Conswctic n 800-T) or. if the construction is completed. use the Offer to Purchase and Contract (Form 2-T) with the New Constructic ndum (Form 2A3-T) aluable consideration. the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upc Mange agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendur edification made in accordance with its terms (together the "Contract"). 'ERNIS AND DEFINITIONS: The ternr� listed below shut] have the respective meaning given them as set forth adjacent to eac "Seller": 1) "Buyer": 1 "Property": The Property shall include all that real estate described below together with all appurtenances thereto including th nprovements located thereon. NOTE- If the Property will include a manufactured (mobile) home(s), Buyer and Seller shout )nsider including the Nlanufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2AI1-7 ith this offer. _(� reel Address; j,.,. to T fs j Aoz it 0 `T-0 L• y� y faA,, cif': Hunt : l �'�: )�'� ,North Carolina WE: Governmental authority over taxes. zoning, school districts, utilities and mail delivery may differ from address shown.) 'gal Description: (Complete ALL applicable) , / at Reference: LottUnit eft , BlocklSection Subdivision/Condominium� t" Y1 as shown on Plat Book!Slide at page(s) . it PIN/PID or other identification number of the Property is: D her description: .. me or all of the Property may be described in Deed Book _ I � at Page _ "Purchase Price": $ ,}too. paid in U.S. Dollars upon the following terms: 5 _ fl BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. S 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, EITHER ❑ with this offer OR ❑ within five (5) days of the Effective Date of this Contract. $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escro% Agent named in Paragraph 1(f) by cash or immediately available funds such as off icial bank check or wire transfer no later than TMIE BEING OF THE ESSENCE with regard to said date. 5 BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loans) secured by a deed or trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). S BY SELLER FINANCING in accordance with the attached Seller Financing Addendum .a (Standard Fonu 2A5-T). W "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transacti< ontemplated by this Contract. including the deed, settlement sta(ement, deed of trust and other loan or conveyance documents. at to closing attorneys receipt of all funds necessary to complete such transaction. 1) "Settlement Date": The parties agree that Settlement will take place on 2, M '.he "Settlement Date"). unless otherwise agreed in writing. at a time and place desii ated by Buyer. rn) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, whit tcludes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Proper allowing the Settlement; {3} the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in d ppropriate county registry of the deeds) and deed(s) of true, if any, which shall lake place as soon as reasonably possible for tt losing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance wi ne settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes, if the title update should reve nexpected liens, encumbrances or other title defects. or if the closing attorney is not authorized to disburse all necessary funds, the to Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay in Set i lenient/Closing). YARNING: The North Carolina State Bar has determined that the performance of most :tots and services required for a slosh institutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State la rohibits unlicensed individuals or Timis from rendering legal services or advice. Although non attorney settlement agents M. erform limited services in connection with a closing, they may not perform all the acts and services required to complete a closin closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolir ar Association and the North Carolina Association of REALTORS@ that all buyers should hire an attorney licensed in Nor 'arolina to perform a closing. t) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recur it ;nvernmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either r hich 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 prit Settlement_ Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is full tyable at time of Settlement. UYER'S DUE DILIGENCE PROCESS: ) Loan: During the Due Diligence Period. Buyer, at Buyer's expense. shall be entitled to pursue qualification for and approval t e Loan if any. (OTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period altoµ ifficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether t oceed with or terminate the transaction since the Loan is not a condition of the Contract.) ) Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expens fall be entitled to conduct all desired tests. surveys, appraisals, investigations, examinations and inspections of the Property dyer deems appropriate, including but NOT limited to the following: 6) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyers intended use. (ii) Septic/Sewer System: Any applicable investigations) to determine (1) the condition of an existing sewage system. C: the costs and expenses to install a sewage system approved by an existing improvement Permit. (3) the availability an expense to connect to a public or community sewer system, and/or (d) whether an Improvement Permit or wrntte evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. 6611 Water: Any applicable investigations) to determine: (1) the condition of an existing private drinking water well, (2) th costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) th availability, costs and expenses to connect to a public or community water system, or a shared private well. and/or (= whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. tivn novimi. nr nnrumnntc- Rnv;Aw %r it,.+ ..0 r., . —i, P.A...... An; -I— -r r., .,rnr,c,t:..o D.,t... on � Other Property: Buyer CQ does dots not have to sell or lease other real property in ruder to qualify for a new loan or It: ntplete purchase. (NOTE: if Buyer does have to sell. Buyer and Seller should consider including a Contingent Sale Addendurt landard Form 2A2-T) with this offer.) ► Performance of Buyer's Financial Obligations: To the best of Buyers knowledge, there are no other circumstances o nditions existing as of the date of this offer that would prohibit Buyer from perfonning Buyer's financial obligations in accordanct th this Contract, except as may he specifically set forth herein. DYER OBLIGATIONS: i Owners' Association Fe.es/Charges: Buyer shall pay any fees required for confirming account payment information of rners' association dues or assessments for payment or proration and any charge made by the owners' association in connection will disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. Buyer shal ,t be responsible for fees incurred by Seller in completing (he Owners' Association Disclosure and Addendum For Propertie &rapt from Residential Property Disclosure Statement (Standard Form 2A 12-T). Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. ► Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buyei ,praisat. title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure th dance of the Purchase Price unpaid at Settlement. ?LLER REPRESENTATIONS: Ownership: Seller represents that Seller: 0has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None" c e identification of such assessments. if any): Cl t-Lf. :Iler warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of suc sessments, if any): b.00 t`-14 Fl- --- Om-ners' Association(s) and Dues: To test of Seller's knowledge, ownership of the Property I subjects ❑ does not subje4 uyer to regulation by one or more owners' assucialion(s) and governing documents. which impose various mandatory covenant. tnditions and restrictions upon the Property and Buyers enjoyment thereof, including but not limited to obligations to pay regull ,sessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure ar ddendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2A 12-T) shall be completed I: ;Ikr, at Seller's expense, and must be attached as an addendum to this Contract. 1) Sewage System Permit: (❑ Applicable -Not Applicable) Seiler warrants that the sewage :system described in it nprovement Permit attached hereto has been installed, which representation survives Closing, but makes no further representatiot to the system. 1 Private Drinking Water Well Permit: t ❑ Applicable �4 Not Applicable) Seiler warrants that a private drinking water we is been installed, which representation surkive:s Closing, but makes no further representations as to the well. (If well installed aft, ply 1. 2008, attach Improvement Permit hereto.) ELLER OBLIGATIONS: i) Evidence of Title: Seller agrees to use best efforts to deliver to Buyer a: soon as reasonably possible after the Effective Dal )pies of all title information in possession of or available to Seller. including but not limited to: title insurance policies. attomea pinions on title, surveys. covenants. deeds, notes and deeds of trust, leases. and easements relating to the Propeny. Sell ithorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in sD :torney's rile to Buyer and both Buyer's and Seller's agents and attorneys: and (2) the Property's title insurer or its agent to relea id disclose all materials in the Prunerty'v title insurers (or title insurer's agent's) file to Buyer and both Buyers and Seller's alter Seller's Failure to Comply or Breach: If Seller falls to materially comply %ith any of Sellers obligations under thi. iragraph 6 or Seller materially breaches this Contract. and Buyer ele, h to terminate this Contract as u result of such failure u each. then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buye e reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. I cal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the asonable costs actually incurred by Buyer in connection with Buyer's Due Diligence. the prevailing party in the proceeding shal entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with thi oceeding. (ORATIONS AND ADJUSTNIENTS: Unless otherwise provided. the following items shall he prorated through the date o lent and either adjusted between the parties or paid at Settlement: i Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real propen., all be prorated on a calendar year basis: ) Rents: Rents, if any, for the Property; I Dues: Owners' association regular assessments (dues) and other like charges. 3NDITION OF PROPERTY AT CLOSING: Buyer':, obligation it) complete the transaction contemplated by this Contrac e contingent upon the Property being in substantially the some or better condition at Closing as on the date of this offer, reasonabl nd tear excepted. ISK OF LOSS: The risk of loss or damage by tare or other casualty prior it) Closing shall be upon Seller. If the improvements of )petty are destroyed or materially damaged prior to Closing. Buyer may terminate this Contract by written notice delivered tr ar Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer doe. lest to terminate this Contract. Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceed e on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel exislin; ice on the Property until after confirming recordation of the deed. E7LAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modificatio , if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in gow nd with reasonable diligence to proceed to Settlement ("Delaying Party"). and if the other party is ready, willing and able tr :te Se(dement on the Settlement Date (-Non-Delaying Party") then the Delaying Party shall give as much notice as possible to thr elaying Party and closing attorney and shall be entitled to u delay in Settlement. If the parties fail to complete Settlement any ; , within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) v rwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -Delaying Part, rminate this Contract and shall he entitled to enforce any remedies available to such party under this Contract for the breach. )SSESSION: Unless otherwise provided herein, possession shall be delivered at Closing as defined in Paragraph 1(m). Ni ons, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. I'HER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THI; RACT. IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY. AN[ ZH HERETO. `s: UNDER NORTH CAROLINA LAW. REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS OF INGENCIES TO THIS CONTRACT.) litional Provisions Addendum (Fort 2AI I-T) ❑ Owners' Association Disclosure And Addendum For Propertie. litional Signatures Addendum (Form 3-T) Exempt from Residential Property Disclosure Statement (Forn 'k-Up Contract Addendum (Form 2A I-T) 2A I2-T) )tingent Sale Addendum (Form 2A2-T) ❑ Seller Financing Addendum (Form 2A5-T) n Assumption Addendum (Form 2A6-T) ❑ Short Sale Addendum (Form 2A 14-T) HER: NORTH CAROLINA ASSOCIATION OF REALTORSO. INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKI EPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN AN) FIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUI L NEEDS. YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT, Cfer shalt be,:ome u binding contract on the Effective Date, (SEALI Date: t 122—ot� Seller -0 , AS1_ _ _ (SEAL Date: ` i_ 1,)-o (SEAL) Seller Buyer: (Name of LLCICorporation/Partnership/Truxt/etc.) (SEAL Entity Seller. Member/Manager (Nance of LLCICorporation/Partnership/Trust/etc.} By: Name: Title: Date: (THIS SPACE INTENTIONALLY LEFT BLANK] ACKNOWLEDGMENT OF RECEIPT OF MONIES (°Seller° ("Buyer rty Address: _ t O ("Property iLLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE mph lid) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment of a Due Diligence Fee in the amount of S receipt of which Seiler hereby acknowledges Seller: (Signature) Seller: (Signature) ;CROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT raph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment w Agent of an Initial Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragral f the Offer to Purchase and Contract hereby acknowledges receipt of the initial Earnest Money Deposit and agrees to hold at -se the same in accordance with the term~ of the Offer to Purchase and Contract. Firm: By: (Signature) (Print name) ;CROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) .EARNEST MONEY DEPOSIT raph lid) of the Offer to Purchase and Contract between Buyer and Seller for the stale of the Property provides for the payment w Agent of an (Additional) Earnest Money Deposit in the antount of S . Escrow Agent as identified raph I(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agre d and disburse the same in accordance with the terms of the Offer to Purcha-,e and Contract. Firm By, '�f OI. O• N.Iw� 0 4.jtiao ra. io wistal .,; aF L``l ra n. a.{r+a.i a..ta u•do o: �isSis4irwtar.t atl ..rmow .n4 '4oasf...ayf rr "god ,'4 *T—i 4nl craw Y.. r•.+..: • w. 30 wj�.a Yw +.. w.•r+a Yar Yradl.:dr 1,4 0ff I{faSo: to ura;, *a(��+,.� ea r•..e ff ..:o� W W� fy4d i •r0 4 0 .V1 • h, �i.-+ lF _A +1.raSP+G le Pwr Sr{1 tici,uaaf• :rl two.Qdr .a .:n{liuf.. :a» .. •un .;«.;:u xa aj1Q•-d o« u„w .0 w•. 'yai... 'f,:w 'a«r.jr •r�r.i.r 11. p)aiP W:w •s«FI �+-{?{)aq atua FKe +SrryaKa. :ufrvao +a.tl (AM) le •gtrisa aw) r� I 1n4:«t,.s.b (#!) I .«u;YwC s..r 3•<u•ata ,o .. •ail{�++� H Vol rr�a IT. t 3 NOTICE INFORMATION INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR ECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N A" FOR ANY WHICH ARE NOT 1'ED. NOTICE ADDRESS: SELLER NOTICE ADDRESS: ing :rt .� ,► • , 1. Adores jC_1i/ G AGENT NOTICE ADDRESS: ne t4 6z ;Q Buyers Agent Q Seller's (sub)Agent [QDual Agent Address: it Selling Agent: g as a Designated Dual Agent (check only if applicable) Sent Phone#: Sent Fax#: gent E-mail: Seller Fax#: Seller E-mail: n, tAl CIVAat 1. LISTING AGENT NOTICE ADDRESS: Firm Name: 41 A Acting as C1 Sel is Agent (3 Dual Agent Mailing Address: Individual Listing Agent: 0 Acting as a Designated Dual Agent (check only if applicable) License M Listing Agent Phone#: Listing Agent Fax#: Listing Agent E-mail: [THIS SPACE INTENTIONALLY LEFT BLANK) iSIGNMENTS: This Contract may not he assigned without the written consent of all parties except in connection with a tax d exchange. but if assigned by agreement. then this Contract shall be binding on the assignee and assignee's heirs and successors. #X-DEFERRED EXCHANGE: In the event Buyer or Setter destres to effect a tax -deferred exchange in connection with thi ,ance of the Property. Buyer and Seller agree to cooperate in effecting such exchange, provided, however, that the exchangin ~tall be responsible for all additional costs as%ociuted with such exchange, and provided further, that a non -exchanging party shal ume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents ng assignment of this Contract in connection therewith. at no cost to the non -exchanging party, as shall be required to give effec provision. 1RTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heir ;or.,, and assigns. As used herein. words in the singular include the plural and the masculine includes the feminine and neute s, as appropriate. JRYIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or perfornied afte ►sing, it shall survive the Clw+ing and remain binding upon and for the benefit of the parties hereto until fully observed. kept c ned. gTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representation: ments or other provisions other than those expressed herein. All changes. additions or deletions hereto must be in writing an+ by all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seiler or Buyer a ied in any listing agreement. buyer agency agreement. or any other agency agreement between (hem. )TICE: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. An notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a party' ry sending or transmitting it to any mailing address, e-mail address or fax number set forth in the "Notice information" section Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall nc ite a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejeetio ffer or the creation of a counteroffer. CECUTiON: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and th astrument, and the parties adopt as their seals the word "SEAL" beside their signatures: below. )MPUTATION OF DAYS: Unless otherwise provided, for purposes of this Contract, the terns "days" shall mean consecutiv ar days, including Saturdays, Sundays, and holidays, whether federal, state. lot:al or religious. For the purposes of calculating days nt of "days" shall begin on the day following the day upon +which any act or notice as provided in this Contract was required to b Wed or made. !THIS SPACE INTENTIONALLY LE1717 BLANK! Access to Propertyil alk-Through: Inspection: Seller shall provide reasonable access to the Property (including working, sting utilities) through the earlier of Clotting or possession by Buyer, including, but not limited to. allowing the Buyer an soriunity to conduct a Final walk-through inspection of the Property. To the extent applicable. Seller shall also be responsible liar elv clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the iabiliiy of the Property for a sewage system and/or private drinking water well. Removal of Seller's Property: Seller shall remove, by the date possession is made alailable to Buyer. all personal property ich is not a part of the purchase and all garbage and debris from the Property. Affidavit and Indemnification Agreement: Seller shalt furnish at Settlement an affidavit(s) and indemnification agreemeni(s:) form satisfactory to Buyer and Buyer's title insurer, if any. executed by Seller and any person or entity who has performed or niched labor, -services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may 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 din full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim ling therefrom. Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1. Seller shall have ignated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and isfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain igated to obtain any such cancellations following Closing. Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable m no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, t free of any other liens. encumbrance:; or defects. including those which would be revealed by a current and accurate survey of Property, except: ad valorem taxes for the current year (prorated through the date of Settlement): utility easements and unviolated -enacts, conditions or restrictions that do not materially affect the value of the Property: and such other liens, encumbrances or `ects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of HE: Buyer's failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encumbrance ,lefeci that is or would have been revealed by a title examination of the Property or a current and accurate survey shall not relieve ler of any obligation under this subparagraph) DTE: If any sale of the Property may be a "short sate," consideration should he given to attaching a Short Sale Addendum andard Farm 2A14-T) as an addendum to this Contract.1 Deed, Excise Taxes: Seller shall pay for preparation or a deed and all other documents necessary to perform Sellers igations under this Contract, and for state and county excise taxes required by law. The deed is to he made to: Agreement to Pay Buyer Expenses: Seller shall pay at Settlement S 560 toward any of Buyer': tenses associated with the purchase of the Property, less any portion disapproved by Buyer's lender. )TE: Examples of Buyer's expenses associated with the purchase of the Property include. but are not limited to. discount points, n origination fees, appraisal fees. attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dues. etc). Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments. if any. provided that the ount thereof can he reasonably determined or eminiated. Late Listing Penalties: All property tax late listing penalties, ifany, shall be paid by Seller. Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement .-«A -.i V-.— IA it Ti, if nr,.,1:,••,hto Cotton o -,it nrni;;z1P itur rnnlnimed Owners" /ass{}Ciatinn Disclosure and Addendum Foy. t� (v) Appraisals: An appraisal of the Property. (0) Surveys A survey to determine whether the property is suitable for Buyers 'intended use and the location of easemen 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 regulati that may affect Buyer's intended use of the Property, adjacent land uses. planned or proposed road construction. a; schonl attendance zones. (viii) Flood Hazard: Investigation of potential flood hazard, an the Property, und/or any requirement to purchase no{ insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality. and obligation, for maintenance of utilities including electric, gc communication services, stormwater management. and mean~ of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any oth street/road used to access the Property, including: (1) whether any streets)/road(s) are public or private, (2) whether at street(.Wroad(s) designated as public are accepted for maintenance by the State of NC or any municipality. or (3) private, (hr consequences and responsibility for maintenance and the existence and terms of any maintenance agreement: Buyer's Obligation to Repair Damage. Buyer shall, at Buyer's expense. promptly repair any damage to the Proper suiting from any activities of Buyer and Buyers agents and contactors. but Buyer shall not be responsible for any damage cause V accepted practice~ applicable to any N.C. licensed professional performing reasonable appraisals. tests, surveys, examinations ar spections of the Property. This repair obligation shall survive any termination of this Contract. ,} Indemnity: Buyer will indemnify and holy! Seller harmless from all loss. damage, claims. suit.: or costs, which shall arise o any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyers agents at m1mctors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of tI ,openy and/or out of seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any terminalic xeof. ) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering t Aer written notice of termination (the "Termination Notice") during the Due Diligence Period (or any ugreed-upon writte ,tension of the Due Diligence Period). TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, th antract shall be terminated and Cite Earnest Money Deposit shalt he refunded to Buyer. ARNING: If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contrac fur its the expirrtrirtn of lite Due Di/igence Period, unless Buyer can obtain a written extension from Setter. SELLER IS NG 3LIGATED TO GRANT AN EXTENSION. Atthoug t Buyer may continue to investigate the Property following the expiration c Due Diligence Period. Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligent riod shall constitute a waiver by Buyer of any right to terminate [his Contract based on any matter relating to Buyer's Du ligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller faits t, rterially comply with any of Sellers obligations under paragraph 6 of this, Contract or for any other reason permitted under th ms of this Contract or North Carolina law. CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITiO1 VLESS PROVISION IS OTHERWISE MADE IN WRITING. IYER REPRESENTATIONS: Loan: Buyer ❑ does % does not have to obtain a new, loan in order to purchase the Property. If Buyer is obtaining a no in. Buyer intends to obtain a loan as follows: Q Conventional Q Others loan at Fixed Rate Q Adjustable Rate in the principal amount of for a term of year(;), a initial interest rate not to exceed ci per annunt (the "Loan"), OTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents th., yer does not have to obtain a new loan in order to purchase the Property. Seller is advised, prior to signing this offer, to obtaii .umentation from Buyer which demonstrates that Buyer %will be able to close on the Property without the necessity of obtaining u tnKn t auld Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates. or should any !ck or other funds paid by Buyer be dishonored. for any reason. by the institution upon which the payment is drawn, Buyer shall re one (1) banking day after written notice to deliver cash or immediately available funds to the payee, in the event Buyer doe, . timely deliver cash or immediately available funds. Seller shall have the right to terminate this Contract upon �Nritten notice to yer. "Earnest Money Deposit": The Initial Earnest Money Deposit. the Additional Earnest Money Deposit and any other earnest flies paid in connection with this transaction. hereinafter collectively referred to as "Earnest Money Deposit". shall be deposited I held in escrow by Escrow Agent until Closing. at which time it will be credited to Buyer, or until this Contract is otherwise atinated. In the event: ([)this offer is not accepted: or (2) a condition of any resulting contract is not satisfied, then the Earnest mey Deposit shall be refunded to Buyer. in the event of breach of this Contract by Seller, the Earnest Money Deposit shall be unded to Buyer upon Buyers request. but such return shall not affect any other remedies available to Buyer for such breach. In the ant of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Seller's e and exclusive remedy for such breach. but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the )perty or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money posit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive such amount being a sonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money posit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties :nowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or 'ler against the other to recover the Earnest Money Deposit. the prevailing party in the proceeding shall be entitled to recover fron non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding, "Escrow Agent" (insert name): )TE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, :nsed real estate broker ("Broker) is required by state law (and Escrow Agent. if not a Broker, hereby agrees) to retain the rnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from tht ties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker of attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney y deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. S93A 12 [E PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE iRNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNS[ IEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSE: CURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, i y, and (_') such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. i "Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the transaction ntemplated by this Contract. including but not necessarily limited to the matters dmtibed in Paragraph 2 below. to decide whethe iyer. in Buyers sole discretion. will proceed with or terminate the transaction. "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seiler with this Contract for Buyer's right to conduct Du ligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer: using. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seltec, or if thi )ntraci is terminated under Paragraph 6(l) or Paragraph 9. or as otherwise provided in any addendum hereto. Buyer and Seller eac pressly waive any right that they may h:tv=e to deny the right to conduct Due Diligence or to assert any defense as to th forceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee. it being the intent of ib rties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of an ae Diligence Fee.