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HomeMy WebLinkAboutWest, Joel 78276C1 /8/2021 Image (238).jpg �CAMA / ❑DREDGE &FILL �'� A B � D -. �.7EN� L PE�► ' s Previous permit# �lew Modification ❑Complete Reissurtial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality I"�1{ � `� and the Coastal Resources Commission in an area of a ironmental concern pursuant to ISA NCAC �` j%` ,. Rules attached. Applicant Name�f •\�i✓^��� Project location: County Address % 'tr+/� Street Address/��S/t�ate/jR���,'ad/ Lot #(s) City State � \ �I P / <� Vll! l �.t� 11/t�3�� Y t / A , . Phone # (�„� --"=_ E-Mail _:�...-- Subdivision ' Authorized Agent _ _ �a����--- CitY �,�'A �1 t7 �i,d ZIPS �._ _ - Affected �� pEs ❑ PTS Phone # River Basin AEC(s): o oF.�► ❑ H F ❑ ulsA ❑ wA Adj. Wtr. eody���� �{' ��� � Pws: ORW: a no PNA yes / o. Closest Maj. Wtr. Body---' Type of Project/ Activity (Scale: Pier (dock) length i i Y -�---- � i --I-- E i i---�-----}--I--1---; --t j Fined Platforms) — � ' - � + d r �. i i � � r T � _ - — + i 1 _ �_ Floating Piat♦onn(s) '+--�- _r� j ! � _ ` _ I � �y_! i '-_ T _ � Finger pier(s).�. _; � 1 1 � � t _ __ �_ � _ i i i � i� 1 � � t' v i' -5--- Groin length �,.—� _F___�__ `�.� �_ E �� 'i��i .� � _ � � Bulkhead/ Riprap length �'•--' avg distance offshore" .max distance offshore--� Basin, channel `�-----' cubic yards ''�-= Boat ramp Beach Bulldozing Shoreline Length C $qy; not sure yes Moratorium: n/a yes Photos•. yes Waiver Attached: yes A building permit may be required ( Note Local Planning Jurisdiction), Notes/ Special Conditions , _ 'See note on bacl<regarding River t '== ` l`�/r�dconfdlian`rcestaterrlt��6nbackof�� � its � Signatures " � ,_' ` c f- https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgxwKkRFzfVDRBgjMmlwgSzFNrtlf?projector=1 &messagePartld=0.1 1/1 1 /8/2021 Image (238).jpg �. L�CAMA / ❑ DREDGE & FILL N9 78276 A B � D GENERAL PERMIT Previous permit# ""-&lew , ❑Modification ❑Complete ReissuW-__IIf artial 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 a Ironmental concern pursuant to 15A NCAC Rules a ched. Applicant Name.. Project Location: County Address �: Street Address/ State ad/ Lot #(s) City State IP V Phone # ( T E-Mail Subdivision Authorized Agent �� CityZIP Cw Ni DES ❑ PTS Phone # 'r_ f—" River Basin Affected AEC(s): D OEA OH O UBA ❑ WA Adj. Wtr. Bod nat a unkn D PWS: ORW: r es no PNA yes / Closest Ma). Win Body Type of Project/ Activity Pier (dock) length Fixed Platform(s) � Floating Platform(s) Finger pier(s� Groin length number_ Bulkhead/ Riprap length �^-+ avg distance offshore` �- max distance offshore - Basin, channel '- cubic yards Boat ramp Boathouse Boa i Beach Bulldozing - Other ,[M Shoreline Length SAV: notsure yes Moratorium: n/a yes Photos: yes Waiver Attached: yes (Scale: ` ) Z� V r A building permit may be required ( Note Local Planning Jurisdiction), Notes/ Special Conditions t note on back regarding River Sigure �n �� rXipii �tVr+dcoa`ntestater�teaeback of�ermit� tn.n Ali V r N .!V https://mall.google.com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgxwKkRFzfVDRBgjMmlwgSzFNrilf?projector=l &messagePartld=0.1 1/1 Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules ❑ Other: ❑ 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/ I-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 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to 's �7 _ j__ (Name of Prop Owner) property located at J W rU IV, -/- (Address, Lot, on g �` Q ��jy___ in (Waterbody) Road, ty/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) 249f-11-- �� U U� WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, 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.) a2��� CLro­AJ * , -0 I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) dIUA Signat re Jam.. Print or T e Name M017 - Mailing A dregs _fix / f �L City/State2ip Telephone Numb r/em it address Date (A✓djjaacentt Property y Owner Information) / i%'L`� ll irs ti;fw &JY2,14: 11 e l) five PrlitorType A,lpf,�rL� Ma�mg Ad Tess Y�a1 i ak g� City/w�S wq-o TellephongNumber/email address /�/rr2v Date* (Revised Aug. 2014) *Valid for one calendar year after signature* ADJACENT RIPARIAN PROPERTY OWNER STATEMENT 1 hereby certify that I own property adjacent to I 2 (Name of Propqg# Owner) property located at PC 1 cOW (Address,. Lot, Block, Road, etc.) on g - �bu� A- , In _O�.. Z ` f � , N.C. (Waterbody) ( ity/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. ^ 1 have no objection to this proposal. A; I have objections to this proposal. OF oLrw��A Q-' WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 1.6 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' se#back requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Signat , Signdlure* _ Lem G.fyd/ /- . _ems Print or Tvne Name y- Print or Type Name Mailing A dre s f �� .�q Mailing Address v City/State/Zip City/State/Zip Telephone Numb r/em 11 address Telephone Num er/e ail address 2� / 2:—!Z e' Date Date* —� (Revised Aug. 2014) *Valid for one calendar year after signature* CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: _ Address of Property: JUU C L (-A l 1-N A � C t (Lot or Street , Street or Road, City & County) Ax_z5M Agent's Name #: `�� �r r WS r `"1L MailingAddress: 6-�D180p my—c Dir. Agent's phone #: �5� �`J�i '`�� la 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. have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is availabid at http•//www.nccoastaimanagement.netlweb/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if you 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. ) I do not wish to waive the 15' setback requirement. _ 1 (Property Jwner Information) Signa tre Print or Type Name 9102 q Su.ronme'r(bm-by, or Mailing Address vv �C)-1 t City/State/Zip Telephone Number/Emai Address 2 D Date (Riparian Property Owner Information) Signature Print or Type Name Mailing Address City/State/Zip Telephone Number/Email Address Date (Revised Aug. 2014) ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: � A Cg�c--�u�� pTJ11 p ©max a A.�Sign ure ❑ Agent by (Printed Name) ' I C. Date of Delivery ,7 tr sih� l is Cc' ✓— I // t�Ga - Is delivery address different from Item 1? ❑ Yes tf YES, enter delivery address below: ❑ No 3. Service Type ❑gPriority Mall Express® 1 ll I �lll�l l�ll l�l l Ill �l (l l� l�ll (l I ll (l� l l l l �lI ❑Adult Signature ❑ Registered Mallr" I lt Signature Restricted Delivery ❑ Re istered Mall Restricted very 9590 9402 4298 8190 3740 92 ertified Mail® Certified Mail Restricted Delivery ❑ C .turn Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature Congrmatlonl- R co firmauen w a �i., ti . it ire. a e ,r rer,en 7020 0090 0000 9501 7.613 inured Mau �sured Mall Res(rlFled Delivery 'tdver Ra'tatnre "Rastilbl'ed Delivery $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Recelpt ® Complete Items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. Article Addres ad to: Cq,f cC-af-6,,4, A. Signature ❑ Agent JM-Addre B. Received by (Printed Name) C. Date of Del Gkt, -",1 �� - D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: MNo ll 1Ilj'I Ilii 111 I lilt ll ll ll I'll II I l ll I l i li 3. Service Type ❑ Priority Mall Express® 1II ❑ dull Signature O Registered Mall— 9590 9402 4298 8190 3741 08 ❑ it Signature Restricted Delivery Certified Mall@ ❑ Re red Mall Restricted D very ❑ Certified Mail Restricted Delivery .turn Receipt for ❑ Collect on Delivery Merchandise 2, Article Number (1-ranster from service label) ❑ Collect on Delivery Restricted Delivery ❑ signature Confirmattonn-I 7020 0090 0000 9501 7668 ' ured Mall _ ured Mail Restricted Delivery ❑ Signature Confirmation Restricted Delivery — er $500) PS Form 3811. July 2015 PSN 7530-02-000-9053 Domestic Return Recelpt , CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONlWAIVER FORM Name of Property Owner: )o6 -� Address of Property: 30o Ace ,1A)C- (Lot or Stre t #, treet or Road, City & County) ZSrj a� Agent's Name #: �j)�wa'7r�' ('�u�jd�4�s*� nC , Mailing ^Address: p? ,1�D(Q rtq At p✓. Agent's phone O- Zb 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 propos al. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http•//www nccoastaimanagement.netlweb/cm/staff-listin_q orby calling 1-888-4RCOAST. No response is considered the same as no objection if you 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. I do not wish to waive the 15' setback requirement. (Prop94Jy,Owner Information) Sigl;rre- Print or Type Name V0 z-q pr Mailing Adores City/State/Zip Telephone Numb r/Em it Address Date (Riparian Property Owner Information) Signature Print or Type Name Mailing Address City/State/Zip Telephone Number/Email Address Date (Revised Aug. 2014) A 7 LIFT A 3 ✓___z," C �Jy r PRESTIGE WHITE 0 LAND SURVEYING ELEMENI 4.C. 24 W.B. MCLEAN BI CAPE POINT ::B E BLVD 00 c c-0 Site 0 O Z Z VICINITY MAP NOT TO SCALE LEGEND Cape 1/2^ E.I.P. 50' S 83' T 50 4 � 19 E.I.P. EXISTING IRON PIPE S.I.P. SET IRON PIPE R/W RIGHT OF WAY ------ M.B.S.L. MINIMUM BUILDING SETBACK LINE M.B. MAP BOOK PG. PAGE S.F. SQUARE FEET CENTERLINE- -E.C.M. EXISTING CONCRETE MONUMENT E.I.S. EXISTING IRON STAKE E.M.N. EXISTING MAG NAIL S.M.N. SET MAG NAIL WATER NORMAL U EATER, BOUNDARY LINE ADJOINER LINE---- C.C. CORNER A= q�CCOMPUTED RADIUS NEAP �,0> Z. ADJOINER WOOD" BULKHEA i�MT�j' Point Blvd. Private R/W --- 1/2" E.I.P. 0..6' B.G. 88.26' J �OL b Q 1/2" E.I.P. 0.1' B.G. (D cs \ '0�' s '0 0 40 .e`W _ 'I certify that this nap was drawn under by roe from an actual survey made under my supervision (deed description recorded In Book 1619, Page 190 -er- other refer eirce soon ce ___------ _------ )I that the boundaries not surveyed are__Indlcated as drawn from Information In Book 29, Page 783 LOT 18, that the ratio of precision or CAPE POINT positlonnl accuracy Is 1-10,000+1 and that this map meets the requirements of The Standards of Practice COUNTY for Land Surveying In North Carolina (21 NCAC 56. 16001' CARTERET This 7- y day of ,$ecember, 2020, SCALE INT1 FIELD BOOK PACE 79 n Lf) -0 \ 0. •a� iQ X X ID '0 1/� o_ L rn� X 1/2" E.I.P. 0.3' B.G. z 11/2" E.I.P. 0.5' B.G. Common Area N OTES 1.) AREA=21,169.5 S.F.(BY COORDINATE 2. CLOSURE = 1.10,000+ COMPUTATIONS). 3. REFERENCE : M.B. 29 PG.783. 4. P.I.N.538406386064. 5. FLOOD ZONE :ZONES SHOWN PER F.I.R.M. 3720538400J, 7-16-2003. 6. FINAL MAP RECORDED :JULY 25, 2000. 7. THIS PROPERTY IS SUBJECT TO ALL EASEMENTS, AGREEMENTS, AND RIGHTS OF WAY OF RECORD PRIOR TO THE DATE OF THIS PLAT. 8.) ADDRESS: 300 CAPE POINT COURT. 9.) 15' UTILITY, DRAINAGE & MAINTENANCE EASEMENT ALONG fj/1M1, & 10 ALONG PROPERTY LINES, 5 EACH SIDE OF LINES. 10.) TOWN OF CAPE CARTERET REQUIRES AN ADDITIONAL 2' OVER FLOOD BASE FLOOD ELEVATION. SURVEY FOR Richard P. Horner PROJECT No. --V U L-3062 1p rrsIt1jP Land Surveyor License No. Land Surveying, P.A. ME Corporation License Number C-0960 JANUARY 27, 2020 501 W. B. McLean Blvd. — Cape Carteret DRAWN BY _ Swansboro, North Carolina 28584 tuthentisipu ID: 04B7EC66.7362426C-AC60.22D36160646E 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 (Fot7n 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The tetras listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": Richard Horner (b) "Buyer"Noel Kenneth west (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the imnrnvemrntc incated thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A1 I-T) with this offer. Street Address: 300 Cape Point Ct City: Cape Carteret Zup .28584 County: Carteret ort aro ma NOTE: Governmental authority over taxes, zoning, school districts, utilities and trail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit18 , Block/Section Subdivision/Condominium Cape Point as sriown oil Plat Book/Slide2g at Pages 783 The or of er t enti tcattonnumFer or the Property is: 538406386064000u Other description: L18 Cape Point Some or all of the roper may a escr► a in ee o0 1G19 _a age 190 (d) "Purchase Price": $ 260000 1000 $1500 $.257600 113 REALTOR® paid in U.S. Dollars upon the following tetxus: 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 Elcash ®personal check ❑ official bank check 13 wine transfer, ❑ electronic 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 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 Or, THE ESSENCE, BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be, paid with the proceeds of a new loan) Page 1 of 12 This form jointly approved by: STANDARD wised 7 2020 North Carolina Bar Association 12)Revised 7/2020 North Carolina Association of BEAU ORS° nc ©7/2020 Buyer initials �� Seller initials JI116 11/13n0 MAL OPPOR1VI,�Ty wthantislgn to:D487EC68.7362,426C•AC00.22D35160040E 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, (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated, In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller. The payment of the Earnest Money Deposit to Seller and the retention of any Due Diligence Fee by Seller (without regard to their respective amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(d) and 4(e) for damage to the Property. it is acknowledged by the parties that the amount of the Liquidated Damages is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Buyer•. The payment to Seller and/or retention by Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging tire difficulty determining Seller's actual damages for such breach, If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding, (f) "Escrow Agent" (insert name): John Tannttum Law Buyer and Seller consent to disclosure by the Escrow Agent of any material facts pertaining to the Earnest Money Deposit to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release frorn 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, §43A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY rr,Aur; ,,riv, 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 rNCURRED BY MAINTAINTNG SUCK ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period, It shall be the property of Seiler 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 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 oil the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee, 0) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on 60 days or sooner if septic and cama permits are obtained iTI/Y.I'E BEING OF THE ESSENCE. Page 2 Pf1 STANDARD FORM 12-T ll Buyer initials o Seller initials`f' Revised 7/2020 339 PM EST 07/2020 'Winnn,m.,n.4 ulihonuetyn IDf 1)467EC60-7352426C•AC6B-2203516oa46E (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 fiends necessary to complete such transaction (1) "Settlement Date": The parties agree that Settlement will take place on 01/15/2021 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. NOTE: See paragraph 12, DELAY IN SETTLEMENT/CLOSING for conditions under which Settlement may be delayed. 1 (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 fiends; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 9 (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 fi•om rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORS© that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority hi 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. Whether payable in a lump sum or future installments. "Confirmed Special Assessment A Special Assessment that has been approved prior to Settlement whether payable in a lump au,n 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). 1RTTVIMPIC ilTT . >nMT.TGFNCE 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 ally right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. Page 3 of 12 STANAARD FORM 12-T (—�, Revised 7/2020 Bayer initials „� 3,x eller initials �'�E 07/2020 3:39 PM EST dada —Jrlvd "tth0n6sign10:D497EC60d9624266•AC66.22036460646E (a) Loan: Buver, at Buver'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 confingent on obtaining a Loan. Therefore, Buyer is advised to consult with Buyer's lender- prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all aesirea tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) 'Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Forni 2AI2-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals: An appraisal of the Property (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, storm water management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any streets)/road(s) are public or private, (2) whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract (xi) Snle/Lease of Existing Property: As noted in paragraph 3(b), this Contract is not conditioned upon the sale/lease or closing of other property owned by Buyer. Therefore, if Buyer must sell or lease other real property in order to qualify for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing on Buyer's other property will take place prior to the Settlement Date of this Contract, (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 Page 4 of 12 STANDARD DORM 12-T �'�v Seller initials '�6 Revised 7/2020 Buyer initials „r,3/ZD 3:39 PM EST Oc 7/2020 dMI. v snM tuthantlst0n ID; D4B7EC66d352A26C•AC00.22035160040E relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indenufity 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. (fl CLOSING SIIALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan: Buyer 0 does 0 does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: 0 Conventional 0 Other: loan at a 0 Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of year(s), at an initial interest rate not to exceed % per annum the ` Loaii" .N T ,: Buyer's obligations under flits 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 fi•om 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 0 DOES 0 DOES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase. (Complete the following only if Buyer DOES have to sell or lease other real property:) Other Property Address: ❑ (Check if applicable) Buyer's other property IS under contract as of the date of this offer, and a copy of the contract has either been previously provided to Seller or accompanies this offer. (Buyer may marls out any confidential infarrnalron, such as the purchase price and the buyer's identity, prior to providing a copy of the contract to Seller.) Failure to provide a copy of the contract shall not prevent this offer from becoming a binding contract; however, SELLER IS STRONGLY ENCOURAGED 'r0 OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING T1418 OFFER. 0 (Check if applicable) Buyer's other property IS NOT under contract as of the date of this offer. Buyer's property (check only ONE of the following options): ❑ is listed with and actively marketed by a licensed real estate broker, 0 will be listed with and actively marketed by a licensed real estate broker, ❑ Buyer is attempting to selVIease the Buyer's Property without the assistance of a licensed real estate broker. NOTE: This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property. If the parties agree to make this Contract conditioned on a sale/lease or closing of Buyer's other property, an appropriate contingency addendum should be drafted by a North Carolina real estate attorney and added to this Contract. (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as 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 Bayer'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; Page 5 f l STANDARD FORM 12-T Buyer initials o Seller initial,% Revised 7/2020 3:39 PM EST ,idhentlalgn ID: 0487EC68.7362426C•AC60.22D36160846E (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: 14 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 Special Assessments, identify: ❑ are 10 are not any Proposed Special Assessments. If any Proposed Seller warrants that there ❑ are ® are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: NOTE: Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects 0 does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: (CjApplicable ®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 Drinking Water Well Permit: (❑ Applicable ® 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. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short - pay statements from any such lender(s). (iii) If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (t) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, and (3) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). Page 6 of 12 STANDARD FORM 12-T Buyer initials seller initials^3E Revised 7/2020 rti v� (VIA .114 PM F%T ulthenilsign ID; D407EC68.1362426C•AC68.22D38168848E (c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (H) verify the satisfactory completion of negotiated repairs/improvements, and (ill) conduct a final walk-through inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost including any connections and de - winterizing. 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 elate possession is delivered, (i) all personal property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit And Indemnification Agreement: Seller shall furnish at Settlement air affidavit(s) and indemnification agreemeltt(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefi-om, (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. ' (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechan(cs' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing, The Property must have legal access to a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A14-T) as an addendum to this Contract. (h) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, aird local conveyance fees required by law. The deed is to be made to: Joel Kenneth West and Sally Matthews West (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $.o toward any of Buyer's expenses associated with tine purchase of the Property, at the discretion of Buyer -andor lender, if any, me a ing 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; (ii) any fees unposed 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. Page 7 f 12.1 STANDARD FORM 12-T Buyer initials � a [:::3eller initials X Revised 7/2020., ' 3:39 PM EST wlhentlsl6n ID: D4a7EC66-1362420C-AC60-22D96160646E (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 Fonn 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 Faitru•e to Comply or Breach: If Seller fails to materially comply with any of Seller'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 or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against 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. PRORATIONS AND ADJUSTMENTS: Unless otherwise agreed, the following items shall be prorated, with Seller responsible for the prorated amounts through the date of Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property. Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. RISK OF LOSS/CONDITION OF PROPERTY AT CLOSING: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. Seller is advised not to cancel existing insurance oil the Property until after confirming recordation of the deed. 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. If the Property is not in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted, Buyer may terminate this Contract by written notice delivered to Seller and the Earnest Money Deposit shall be refunded to Buyer. If the Property is not in such condition and Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. 9. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non - Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying 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. 10. POSSESSION: Unless otherwise provided herein, possession, urcluding all means of access to the Property (keys, codes including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph 1(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered 11. 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 1-T) i] Additional Signatures Addendum (Form 3-T) ❑ Back -Up Contract Addendum (Form 2A1-T) 0 Loan Assumption Addendum (Form 2A6-T) ❑ Owners' Association Disclosure And Condominium Resale Statement Addendum (Form 2Al2-T) (] Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Farm 2A14-T) 0 Identify other attorney or party drafted addenda: Seller will return due diligence money if buyer cant get permits for septic and cama NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT, Page 8 of 12 �� � STANDARD FORM 1020 Buyer initials � a eller initials 5t.T3i Revised 7/2Q20 ran nee Fc ,uthantisign ID: D4B7EC6B•7352426C•AC68.22D36180646E 12. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with atax- deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 13. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 14. PARTIES: 'Phis 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. 15. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 16. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR' or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 17. 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 tine signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication may be transmitted to oily mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such parry's agent, Delivery of any notice to a party via means of electronic transmission shall be deemed complete at such time as the sender performs tine final act to send such transmission, in a form capable of being processed by the receiving part's system, to any electronic address provided for such party in the "Notice Information" section below. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of ally information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 18. EXECUTION. This Contract may be signed in multiple originals or counterparts, all of which together constitute one and tine sauce instrument. 19. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the teen "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 9 of 12 STANDARD FORM 12-T Buyer initials ,�i3rzSeller initials Revised 7/2020 3:39 PM EST wihenGelgn ID: D4BTKCBB-7352A26C•ACp6-22D35160846E THE NORTH CAROLINA ASSOCIATION OF REALTORSOD, 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: �C 1 D000 0 339 PM CST Buyer QHflH•TGAS•V88N•WX7F Date: Buyer Entity Buyer: Name c LL / of oratio Partners at Tnist etc. By; Name: Print Name Title: Date: Date: Aulhenti mw Seller: U 9tIcRa4cd J . 9faa" 1111312020 9:61:64 PM EST Date: Seller: Entity Seller: (Name of Cor oraho Partnership rust By: F—. - — I Name; Print Name Title; Date: WIRE' FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, TIIEY SHOULD BE PRESUMED FRAUDULENT, DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY, TO SELLERS; IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY, AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 10 of 12 STANDARD FORM 12-T Revised 7/2020 7/2020 wtlienllalon ID: 04137EC68.7362426C-AC68.22D36160846E 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 WI-11CH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: Buyer Fax #: SELLER NOTICE ADDRESS: Mailing Address: Seller Fax #: Buyer E-mail:jw33@kennethwestinc.com Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name: Dluewater Real Estate Listing Firm Name ;Sun surf Acting as ® Buyer's Agent El Seller's (sub)Agent 0 Dual Acting as ® Seller's gent Dua Agcnt Agent Firm License#: Firm License#: Mailing Address: 200 Mangrove Drive, Emerald Isle, NC 28594 Individual Selling Agent:Kltch Ayre ❑ Acting as a Designate Dual Xgent(check only if app ica e)' Selling Agent License#:16SO43 Selling Agent Phone#252 2411382 Selling Agent Fax#: Selling Agent E-mail: Mtchayre@hotmail.com Mailing Address: Individual Listing Agent: ' Martha Marten ❑Acting as a DesignateDual Agent (check only if applicable) Listing Agent License#; Listing Agent Plione#: Listing Agent Fax#: Listing Agent E-tnaii: marthagmartin9791@gmail.com Page I of 12 STANDARD FORM 12-T Buyer initials 1ill 3120 :]Seller initials Z#'.96 Revised 712020 _ -. D\I - wthengalgn @: U4B7EC86-7262-426C-ACBB-22p26160846E ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller; Buyer. Joel Kenneth West Property Address:300 Cape Point Ct, Cape Carteret, NC 28584 "Property") ❑ LISTING AGENT ACI{114OWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sate of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $• receipt of which Listing Agent hereby acknowledges, Date Firm; By: (Signature) Print name ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the .Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ receipt of which Seller hereby acknowledges, Date: Seller: ignature) Date: Seiler: (Signature) Ci 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 $ Escrow Agent as identified in Paragraph 1(0 of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract, Date: Firm: By: {Signature) (Print name) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph I (d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ 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: Time: _0 AM ❑ PM By: igtratruc (Print name Page 12 of 12 STANDARD FORM 12•-T Revised 7/2020 © 7/2020 wtthentisign ID: E026DOA6•E4F6419E•61D6.6EBOF213650B ADDITIONAL. PROVISIONS ADDENDUM Property: 300 Cape Point Ct, Cape Carteret, NC 28584 Seller: Richard Buyer: Joel Kenneth West This Addendum is attached to and made a part of the Offer to Purchase and Contract ("Contract") between Seller and Buyer for the Property. NOTE: All of the following provisions which are marked with an "X" shall apply to the attached Offer to Purchase and Contract or Offer to Purchase and Contract — Vacant Lot/Land ("Contract"). Those provisions marked "N/A" shall not apply, 1. EXPIRATION OF OFFER: This offer shall expire unless unconditional acceptance is delivered to Buyer on or before ❑ AM ❑ PM, on TIME BEING OF THE ESSENCE, or until withdrawn by Buyer, whichever occurs first. 2. X (To be used with Offer to Purchase and Contract Form 2-T only) SEPTIC SYSTEM INSTALLATION/ MODIFICATION: As a part of the Buyer's Due Diligence, Buyer intends to obtain an Improvement Permit or written evaluation from the County Health Department ("County") for a (check only ONE) ® conventional or ❑ other ground absorption sewage system for a 4 bedroom home. Except for the costs for clearing the Property, all costs and expenses of obtaining such Permit or written evaluation shall be borne by Buyer unless otherwise agreed. Seller shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections by no later than 11 /20/2020 NOTE: Insert a date that will allow testing to be completed prim- to the end of the Dtte Diligence Period. RE'NTALANCOME/INVESTMENT PROPERTY: The Property shall be conveyed subject to existing leases and/or rights of tenants, Seller shall deliver to Buyer on or before , true and complete copies of all existing leases, rental agreements, outstanding tenant notices, written statements of all oral tenant agreements, statement of all tenant's deposits, uncured dofaults by Seller or tenants, and claims made by or to tenants, if any. NOTE; Insert a date that Will allow review to be completed prior to the end of the Due Diligence Period). Any security deposit held in connection with any lease(s) shall be transferred to Buyer at Settlement and otherwise in accordance with North Carolina Tenant Security Deposit Act (N.C.G.S. § 42-54)Seller ❑ will ❑ will not transfer to Buyer any pet fee/deposit at Settlement, NOTE: DO NOT USE THIS PROVISION FOR PROPERTY SUBJECT TO THE NORTH CAROLINA VACATION RENTAL ACT, A VACATION RENTAL ADDENDUM SHOULD BE USED IN SUCH CASES, 4. AGREED -UPON REPAIRS AND/OR IMPROVEMENTS: Seller agrees, prior to Settlement Date and at Seller's expense, to complete the following items;_ Buyer shall have the right to verify, prior to Settlement, that the above items have been completed in a good and workmanlike manner. Page 1 of 2 This form jointly approved by: STANDARD FORM 2A11.-'I' 113 North Carolina Bar Association ! Revised 7/2020 North Carolina Association of REALTORSO, I 'C. 1 0 7/2020 R[ALT000 I ' 1 �� (�"— �� OPPORTU�'NIIY F�nvrr mitinta C.�llo. .,.:+:..1.. ?7T7f ,ulW11919n ID: E028DDA6•E4F6.410E•BtD6.6GBOF213690B 5. MANUFACTURED (MOBILE) HOME: The Property shall include the following manufactured (mobile) homes) located on the Property: VIN(s): or ❑ VIN(s) unknown Other description (year, model, etc,): - 6. POOL/SPA INSPECTION/PREPARATION: Any pool/spa inspection(s) Buyer may choose to conduct shall be at Buyer's expense in accordance with the Contract. Any costs associated with putting the pool/spa in operable condition so that it may be properly inspected (including but not limited to pool/spa cover removal, filling pool/spa with water, operating electricity and filtration system) and any costs associated with any necessary re -winterizing of the pool/spa following any inspection(s), shall be the responsibility of ❑ Seller ❑ Buyer (if neither box is checked, Buyer shall be responsible). IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT, THIS ADDENDUM SHALL CONTROL, EXCEPT THAT IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE PROPERTY OR THE IDENTITY OF THE BUYER OR SELLER, THE CONTRACT SHALL CONTROL, THE NORTH CAROLINA ASSOCIATION OF REALTORSO, 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. Date: alaoDDvet n Buyer: .`GkinrKst+'(�ll��' GF D izN60 <FIO•�%7F Date: Date: Auflsentislow Seller: A.J. ,Tia�uce�c 111131202010:06:A3 PM EST Date: Buyer: Seller: -71 Entity Buyer; Entity Seller: (Name of LLC/Corporation/Partnership/Trust/etc.) (Name of LLC/Corporation/Partnership/Trust/etc.) By: By: Name: Name:Print Name Print Name Title: Date: Title: Date: Page 2 of 2 STANDARD FORM 2A11—T Revised 7/2020 7/2020