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HomeMy WebLinkAbout76584D - PollockkCAMA / ❑ DREDGE & FILL N9 76584 A B GENERAL PERMIT Previous permit# ANew Modification El Complete Reissue ❑Partial Reissue Date previous permit issued >rized by the State of North Carolina, Department of Environmental Quality Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Ot/ ElRul attached. it Name rf 'C C AI C afilii% Project Location: County 3� Al - kAd&11,17� 16tti Street Address/ State Road/ Lot #(s) (OA-Al _ *��ff Staten— z14V #'�— P IQ r � fin) 4 OZ --1201Z�' E-Mail Subdivisii''on'' zed Agent 1�/s4- City yV Lim ^ /�'�% ON ZIP ❑ Cw C*w )4PTA ❑ ES ❑ PTS ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A "S: f Project/ Activity Eck) length , 'latform(s) _ Platform(s) fg distance offshore_ ax distance offshore :hannel ibic yards ie Length t not sure yes Phone # ( 11 River Basin ►' Adj. Wtr. Body WAJ Gnat Closest Maj. Wtc Body � �Si'� �L I ps 2 ling permit may be required by: ❑ See note on back regarding River Basin i Local Plannino lurkrlictionl < f ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to _ 6 Ac� k4 ycvE /1'l M ccdsc property located at 26 tmn SaotTs Li.. �Name of Property Owner) 1W C on2LV W (Address, Lot Block, oad, etc.) (Waterbody) , inro t'iv� Ty , N.C. (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above loca _ 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 drawinc IS' -Mc ti -4w"mV NrrAte Le o A+t`t�;1 •t��o �3`t l�,4�(� , R t A+M ram. P` V %4M4 to rt Si` -- WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set ba( minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to w, 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. r-r-'r(Propert Owner Information) (Property Owner Information) Signature Si nature _X, be-KT rk �O,(AA, SoN lactru< Print or Type Name Print or Type Name 2D X-C 3C• TiS 1F1 a tdpp Ay- 438 nl . C��y d A syrc AA...I...,,. e'1�---- ADJACENT RIPARIAN PROPERTY OWNER STATEMENT 1 hereby certify that I own property adjacent to �- MgLoup i. t.C.O c x property located at S s (Name of Property Owner) „-� A,o w/cenh^- Grau N.c. 2B4i t W W (Address, LAs'q lock, Mad, etc.) on , in octi. CriM-ry (Waterbody) , N.C. (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above loca 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 drawini R%ph+AArM 9"Psn14 044046. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set bai minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to w, 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) (AS[MProperty Owner Information) >0'nature Sig azure Pnnf7'oJr I V T�yt� peName Print or Type Name 4' f1 _ J _ _ / w _ . I IRS ■1 i M■ i ■■ ■� ■ • n Nis NMI e 1 1 1 t i. OFFER TO PURCHASE AND CONTRACT C(OPY [Consult "Guidelines" (Standard Form 2G) for guidance in completing this form] uable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Selle nce agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any adds ification made in accordance with its terms (together the "Contract"). .RMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent t "Seller Jack C. Gerock, Sr., Executor "Buyer": Harold Lee Pollock and wife, Vickie McFayden Pollock "Property": The Property shall include all that real estate described below together with all appurtenances thereto includi )rovements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Proper lude a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provi: Additional Provisions Addendum (Standard Form 2A11-T) with this offer. :et Address: 2060 Scotts Hill Loop Road y: Wilmington inty. P nth r Zip: North Carolina ITE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. ;al Description: (Complete ALL applicable) t Reference: Lot/Unit , Block/Section Subdivision/Condominium So - 14 - 3q 7 as , as shown on Plat Book/Slide at Page(s) PIN/PID or other identification number of the Property is: 3 280 - 1 0 Op0 er description: ne or all of the Property may be described in Deed Book 31 bZ at Page 124 "Purchase Price": $ 950,000.00 $ 15,000.00 paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable to Escrow Agent n in Paragraph 1(f) ❑ with this offer OR ❑ delivered within five (5) days o Effective Date of this Contract by ❑ cash ❑ personal check ❑ official bank ❑ wire transfer. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable to Escrow named in Paragraph 1(f) by cash or immediately available funds such as official check or wire transfer to be delivered to Escrow Agent no later regard to said date. TIME BEING OF THE ESSENCE $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller o existing loan(s) secured by a deed of trust on the Property in accordance with the att< Loan Assumption Addendum (Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addei $ (Standard Form 2A5-T). BY BUILDING DEPOSIT in accordance with the attached New Construction Adder $ 935, 000.00 (Standard Form 2A3-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be with the proceeds of a new loan) ild Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or shoulc k or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer one (1) banking day after written notice to deliver cash or immediately available funds to the payee. In the event Buyer imely deliver cash or immediately available funds, Seller shall have the right to terminate this Contract upon written notii ;r. ) "'Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other t ones paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be del A held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is oth, rminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the f oney Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit sl Funded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such bre, event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller upon Seller's request as liqu mages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4( �) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payn Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive count being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment Ernest Money Deposit to Seller shall not constitute a penalty or forfeiture but.actual compensation for Seller's anticipated los, rties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to rl )m the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. "Escrow Agent" (insert name): Rhett K. Pollock, Trustee ATE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in esc ensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to reta xnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release frc rties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Brc attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or At ty deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. lE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE aNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EA] IEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPE CURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. i "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroi y, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. "Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the trans itemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 4 below, to decide wl yer, in Buyer's sole discretion, will proceed with or terminate the transaction. "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to conduc igence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Bu using. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or: ntract is terminated under Paragraph 8(1) or Paragraph 12, or as otherwise provided in any addendum hereto. Buyer and h expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as i orceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent ties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount < Diligence Fee. "Due Diligence Period The period beginning on the Effective Date and extending through 5:00 p.m July 31, 2020 '1 regard to said date. TIME BEING OF THE ESSE ) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, ludes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Pr( lowing the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation )ropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible f sing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordancf settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should i :xpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds Closing shall be suspended and the Settlement deemed delayed under Paragraph 13 (Delay in Settlement/Closing). kRNING: The North Carolina State Bar has determined that the performance of most acts and services required for a cl istitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. Stat ,hibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agent; form limited services in connection with a closing, they may not perform all the acts and services required to complete a cl ;losing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Ca r Association and the North Carolina Association of REALTORS@ that all buyers should hire an attorney licensed in rolina to perform a closing. "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxe urring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (i ter of which may be a lien against the Property. A Special Assessment may be either proposed or confirmed. roposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved settlement. onfirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is able at time of Settlement. (TURFS: The following items, if any, are deemed fixtures and are included in the Purchase Price free of :ove/oven, any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and c ackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite c rivers, burglar/fire/smoke/carbon monoxide/alarms, pool and spa equipment, solar energy systems, attached fireplace screen eplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), bask torage sheds, mailboxes, attached wall and/or door mirrors, fuel tank(s) whether attached or buried and including contents, i xtlement, landscape and/or foundation lighting, invisible fencing including all related equipment, lawn irrigation systems a equipment, water softener/conditioner and filter equipment and any other items attached or affixed to the Property, EXCEF ig items which are leased or not owned by Seller or which Seller does not intend to convey: none tall repair any damage caused by removal of any items excepted above. : Seller and Buyer should confirm whether fuel tanks, antennas, satellite dishes and receivers, alarm systems, and other )ove are leased or not owned by Seller and should be entered in the blank above. FUEL TANKS AND ANY FUEL IN T ARE NOT TO CONVEY SHOULD BE NOTED IN THE BLANK ABOVE.) RSONAL PROPERTY: The following personal property shall be transferred to Buyer at no value at Closing: none Buyer is advised to consult with Buyer's lender to assure that the Personal Property items listed above can be included it VFR'S DUE DILIGENCE PROCESS: Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's exI 11 be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Propel per deems appropriate, including but NOT limited to the following: (i) Inspections: Inspections to determine the condition of any improvements on the Property, the presence of un drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presen asbestos or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and the pre and level of radon gas on the Property. (ii) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rule Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is s( to regulation by an owners' association, it is recommended that Buyer review the completed Residential Property and Ova Association Disclosure Statement provided by Seller prior to signing this offer. (iii) Insurance: Investigation of the availability and cost of insurance for the Property. (iv) Appraisals: An appraisal of the Property. (v) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easen setbacks, property boundaries and other issues which may or may not constitute title defects. (vi) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regul that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and & attendance zones. (vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase insurance in order to obtain the Loan. (viii) Utilities and Access: Availability, quality, and obligations for maintenance of roads and utilities including v sewer, electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (ix) Fuel Tank: Inspections to determine the existence, type and ownership of any fuel tank located on the Property. (NOTE: Buyer is advised to consult with the owner of any leased fuel tank regarding the terms under which Buyer may 1 the tank and obtain fuel.) Repair/Improvement Negotiations/Agreement: Buyer acknowledges and understands that unless the parties a wise, THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION. Buyer and Seller acknowledge and unders they may, but are not required to, engage in negotiations for repairs/improvements to the Property. Buyer is advised to n repair/improvement requests in sufficient time to allow repair/improvement negotiations to be concluded prior to the expiry e Due Diligence Period. Any agreement that the parties may reach with respect to repairs/improvements shall be considere ration of the parties and is an addition to this Contract and as such, must be in writing and signed by the parties in accord, Paragraph 20. I'E: See Paragraph 8(b) Access to Property/Walk-Through Inspection and Paragraph 8(k) Negotiated Repairs/Improvements Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resul any activities of Buyer and Buyers agents and contractors, but Buyer shall not be responsible for any damage cause( )ted practices either approved by the N.C. Home Inspector Licensure Board or applicable to any other N.C. lice( ssional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obliga survive any termination of this Contract. :ndemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise of ontract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contrac ng to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property an F Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. Wyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by deliverin written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon wri sion of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, act shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. Due Diligence Period, Buyers failure to deliver a Termination Notice to Seller prior to the expiration of the Due Dili riod shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer' ligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller f, iterially comply with any of Seller's obligations under Paragraph 8 of this Contract or for any other reason permitted and ms of this Contract or North Carolina law. CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDI' 4LESS PROVISION IS OTHERWISE MADE IN WRITING. JYER REPRESENTATIONS: Loan: Buyer ❑ does (3 does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining .n, Buyer intends to obtain a loan as follows: ❑ FHA ❑ VA (attach FHA/VA Financing Addendum) ❑ Conver Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of is any financed VA Funding Fee or FHA MIP for a term of year(s), at an initial interest rate not to e % per annum (the "Loan"). )TE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represent yer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to -umentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtai ,v loan. Other Property: Buyer ❑ does ❑ does not have to sell or lease other real property in order to qualify for a new loar replete purchase. OTE: This Contract is not conditioned upon the sale of Buyer's property unless a contingent sale addendum such as Sta rm 2A2-T is made a part of this Contract.) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstanc editions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accor :h this Contract, except as may be specifically set forth herein. Property Disclosure (check only one): Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior signing of this offer. Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement pi the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refr any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the date the Co was made; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. Exempt from N.C. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES): YER OBLIGATIONS: Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment informatic ners' association dues or assessments for payment or proration and any charge made by the owners' association in connt h the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. 1 11 not be responsible for fees incurred by Seller in completing the Residential Property and Owners' Association Discl [ement. 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 B raisal, title search. title insurance_ recnrdina the APPA —A f .._., „ • . . - LLER REPRESENTATIONS: Ownership: Seller represents that Seller: has owned the Property for at least one year. has owned the Property for less than one year. does not yet own the Property. Primary Residence: Seller represents that the Property ❑ is or ® is not Seller's primary residence. Lead -Based Paint (check if applicable): The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disc] dendum ( Standard Form 2A9-T) ). ,essments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None" c ,tification of such assessments, if any): n/a varrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of suc cents, if any): n/a rners' Association(s) and Dues: Seller authorizes and directs any owners' association, any management company of th association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer representative, or lender true and accurate copies of the following items affecting the Property, including any amendments: master insurance policy showing the coverage provided and the deductible amount Declaration and Restrictive Covenants Rules and Regulations Articles of Incorporation Bylaws of the owners' association current financial statement and budget of the owners' association parking restrictions and information architectural guidelines ae, address and telephone number of the president of the owners' association or the association manager is: n/a association website address, if any: ie, address and telephone number of the president of the owners' association or the association manager is: association website address, if any: OIL AND GAS RIGHTS DISCLOSURE: and gas rights can be severed from the title to real property by conveyance (deed) of the oil and gas rights from thi ier or by reservation of the oil and gas rights by the owner. If oil and gas rights are or will be severed from th perty, the owner of those rights may have the perpetual right to drill, mine, explore, and remove any of th, surface oil or gas resources on or from the property either directly from the surface of the property or from a nearb, ition. With regard to the severance of oil and gas rights, Seller makes the following disclosures: Yes No No Representation 7 V k�' 1. Oil and gas rights were severed from the property ��" v `p 'er Initials by a previous owner. ��- CO%er 9 G Yes No 2. Seller has severed the oil and gas rights from the ❑ er Initials property. isciosure does not modify or limit the obligations of Seller under Paragraph 8(f) of this Contract and shall not constiti ?tion or approval by Buyer of any severance of oil and gas rights, except as may be assumed or specifically approved by Bi E: The parties are advised to consult with a NC attorney prior to signing this Contract if severance of oil and gas rigl -d or is intended.) ;LLER OBLIGATIONS: I Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective pies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, atti ,inions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. thorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy i :orney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to d disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyers and Seller's d attorneys. ) Access to Property/Walk-Through Inspection: Seller shall provide reasonable access to the Property (including wi isting utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing Buyer an oppo conduct a final walk-through inspection of the Property. Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal pi rich is not a part of the purchase and all garbage and debris from the Property. Sfu uric BIAS fS ,Q4YJ fiF7 %m, CGOJI r0 /Z.6010 ye �6(ttq/yRc RA 44_-tC7y� Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreer form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has perfon mished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and wt entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity ha id in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause of .sing therefrom. I Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shal signated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien I deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be p, dsfred by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall ligated to obtain any such cancellations following Closing. Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recc .in no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics d free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate sut Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unvi venants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrar fects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public ri y. OTE: Buyer's failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encum defect that is or would have been revealed by a title examination of the Property or a current and accurate survey shall not j ler of any obligation under this subparagraph.) OTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Add( andard Form 2A14-T) as an addendum to this Contract.) Deed, Excise Taxes: Seller shall pay for preparation of a deed and all other documents necessary to perform S ivatinnc nnrlpr th;c ('-_+. _+ —A P--,.. _ __j _____.__ .. - —_ Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ —0— toward any of Buyer's exr xiated with the purchase of the Property, including any FHANA lender and inspection costs that Buyer is not permitted tc any portion disapproved by Buyer's lender. iTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount f n origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided th )unt thereof can be reasonably determined or estimated. Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. Negotiated Repairs/Improvements: Negotiated repairs/improvements shall be made in a good and workmanlike mann( ✓er shall have the right to verify same prior to Settlement. Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Para r Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, thi nest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasc is actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If ceedings are brought by Buyer against Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasc is actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entil )ver from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. ORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the d; -nt and either adjusted between the parties or paid at Settlement: Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real prc 11 be prorated on a calendar year basis; Taxes on Personal Property: Ad valorem taxes on personal property for the entire year shall be paid by Seller unle ,onal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis; Rents: Rents, if any, for the Property; Dues: Owners' association regular assessments (dues) and other like charges. 'ME WARRANTY: Select one of the following: No home warranty is to be provided by Seller. Buyer may obtain a one-year home warranty at a cost not to exceed $ lement. Seller has obtained and will provide a one-year home warranty from _ cost of $ and will pay for it at Settlement. and Seller agrees to pay fc Home warranties typically have limitations on and conditions to coverage. Refer specific questions to the home wai ✓•) NDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Coi contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reaso I tear excepted. K OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvemen erty are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice deliver Sellers agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer ct to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance pros on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel exi on the Property until after confirming recordation of the deed. .AY IN SETTLEMENT/CLOSING: Absent agreement to the enntrnmi ;n tti:, 0,,..._... __ ___ ___,_ Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to Lying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement vithin fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties ,ise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -Delaying P inate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. SESSION: Possession, including all means of access to the Property (keys, codes, garage door openers, etc.), shall upon Closing as defined in Paragraph 1(m) unless otherwise provided below: k Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-T) k Seller Possession After Closing Agreement is attached (Standard Form 2A8-T) 'ossession is subject to rights of tenant(s) (NOTE: Consider attaching Additional Provisions Addendum (Form 2A-I I-T Vacation Rental Addendum (Form 2A13-T)) IER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF T LCT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, A I HERETO. NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRj IONS OR CONTINGENCIES TO THIS CONTRACT. Tonal Provisions Addendum (Form 2AI I-T) Up Contract Addendum (Form 2A1-T) igent Sale Addendum (Form 2A2-T) VA Financing Addendum (Form 2A4-T) Based Paint Or Lead -Based Paint Hazard idum (Form 2A9-T) ;RQ Purchase price will be reduced t /, ZUZU, uP 7,Q 2 S 4 At pdxv" i -r Fay A .S &50AA ❑ Loan Assumption Addendum (Form 2A6-T) ❑ New Construction Addendum (Form 2A3-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) ❑ Vacation Rental Addendum (Form 2A13-T) 1,000.00 for every day it closes before 2>>000.02 _ Htlw ivr -m p#LaF1irdixAIW A- NNAL aK CA»WA go 0s6R puCX- <uAT/W6 DueX ANO AoAT LIFT :GNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a =hange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successo -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with ce of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanl 1 be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party s ie any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional docume assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give of Pvision. TIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective hi s and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and ne s appropriate. VIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed ig, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kep L IRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representatii .its or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seller or Buyei in any listing agreement, buyer agency agreement, or any other agency agreement between them. ,ECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one ai strument, and the parties adopt as their seals the word "SEAL" beside their signatures below. IMPUTATION OF DAYS: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consei r days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating nt of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required ied or made. ORTH CAROLINA ASSOCIATION OF REALTORS@, INC. AND THE NORTH CAROLINA BAR ASSOCIATION 1V PRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN TC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR S , NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. 'er shall become a binding contract on the Effective Date. (SEAL) iaroi-clPoilock AL) lickie McFayden Poii k Date: �� .Z — 0 (S ck C. Gerock, Sr., Executor CV Date: Seller Date: (S (SEAL) Seller (S NOTICE INFORMATION INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES ECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE ,VED. t NOTICE ADDRESS: SELLER NOTICE ADDRESS: Address: PO Drawer 999 Mailing Address: 4419 Addenbury Court Burgaw, NC 28425 Wihnington, NC 28409 'ax#: (910) 259-6030 Seller : Phone # : (910) 443-6905 -mail: pollocklaw@bellsouth.net Seller E-mail: vG AGENT NOTICE ADDRESS: ime: as❑ Buyer's Agent❑ Sellers (sub)Agent ❑Dual Agent Address: ial Selling Agent: ng as a Designated Dual Agent (check only if applicable) Agent Phone#: Agent Fax#: _ Agent E-mail:. LISTING AGENT NOTICE ADDRESS: Firm Name: Acting as ❑ Seller's Agent ❑ Dual Agent Mailing Address: Individual Listing Agent: ❑ Acting as a Designated Dual Agent (check only if applic License #: Listing Agent Phone#: Listing Agent Fax#: Listing Agent E-mail: ESCROW ACKNOWLEDGMENT OF INITIAL EARNEST MONEY DEPOSIT y: (no' 20GO Z5raTr[ g,ct- CoW N A-D Wc"N6rgS d(,c Z 8911 • DB 31(az .o I C G�2c/x��a� Ste. tEca�ort Agent acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accon e terms hereof. 9-i• Z62,o Firm: R ftE a KG-yfLSo N Tpt taC�� �iT� Byy �� ( gnature) (Print name) LEAD -BASED PAINT OR LEAD -BASED PAINT HAZARD ADDENDUM -6(3a ,pm i condition to this contract that, until >RMIMIT tt-of -44LY 3) Zo z.O , Buyer shall have the right to obtain sment or inspection of the Property for the presence of lead -based paint and/or lead -based paint hazards* at Buyer's ea ;ontingency will terminate at that time unless Buyer or Buyer's agent delivers to the Seller or Seller's agent a written insl r risk assessment report listing the specific existing deficiencies and corrections needed, if any. If any corrections are nec shall have the option of (i) completing tlrem, (ii) providing for their completion, or (iii) refusing to complete them. If Selle complete or provide for completion of the corrections, then Buyer shall have the option of (iv) accepting the Propert nt condition, or (v) terminating this contract, in which case all earnest monies shall be refunded to Buyer. Buyer may wa to obtain a risk assessment or inspection of the Property for the presence of lead -based paint and/or lead based paint hat me without cause. ict lead -based paint that is in good condition is not necessarily a hazard. See EPA pamphlet "Protect Your Famil} in Your Home" for more information. Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards id Warning Statement rry Buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is notiftea h property may present exposure to lead from lead -based paint that may place young children at risk of developing soning. Lead poisoning in young children may produce permanent neurological damage, including learning disabil 'uced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular ri gnant women. The Seller of any interest in residential real property is required to provide the Buyer with any informs lead -based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any kt d-based paint hazards. A risk assessment or inspection for possible lead -based hazards is recommended prior to pure) 4�closure (initial) (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): ❑ Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). W Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. _ (b) Records and reports available to the Seller (check one below): ❑ Seller has provided the Buyer with all available records and reports pertaining to lead -based paint anc lead -based paint hazards in the housing (list documents below). Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. is Acknowledgment (initial) (c) Buyer has received copies of all information listed above. (d) Buyer has received the pamphlet Protect Your Family from Lead in Your Home. 9 (e) Buver has (check nne helnw)- Ch-k Number/Commenb -3 Columnl Co/umn5 Column6 I olumn? Co1umn_8 _ C.1-9 struction Archie McGirt FCB 5486 $ 200.00 1 GP#7B529D _IPA rCt.10773 Wade Coleman BB&T 2435 $ 200.00 IGP#75893D BB rct. 10220 Michael Keith Sutton BB&T 5332 $ 200.00 1 GP #76599D BB rct. 10222 ipany LLC Stephen & Laurie Cook First Bank - 16997 $ 200.00 GP #76516D _ BB rct. 10221 Stephen Russ BB&T 13944 $ 200.00 GP #76573D BB rct. 10217 ABJ IV Properties LLC BB&T 2434 $ 200.00 GP #76598D BB rct. 10219 same Bank of America 1436 $ 200.00 GP #76428D Ben rct. 10288 _ same USAA Federal Savings Bank 4831 $ 200.00 GP #76437D _ - Ben rct. 10287 struction Ann Sneeden -_ FCB 5507 $ 200.00 GP #76566D KE rct. 10779 struction Anthony Patterson FCB 5505 $ 200.00 GP 076563D KE rct. 10780 -LC Kurt Taylor First Bank 1305 $ 200.00 GP #76591 D PA rd. 10253 Paul Maki BB&T 7053 $ 400.00 P #76585D JD rct. 10815 same BB&T 7044 $ 200.00 GP #76585D JD rct. 10815 ock same State Employees CU 2025 $ 200.00 GP #76584D JD rct. 10814 nstnlrtinn inc William Norris III Coastal Bank and Trust 3309 S 200.00 GP #74822D JD rct. 10844