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HomeMy WebLinkAbout87160A - Potts, Lea�° °"" ❑CAMA ❑DREDGE & FILL N9 87160 A B C D GENERAL Previous permit PERMIT a Date previous permit issued Q New ❑Modification ❑ Complete Reissue ❑ Partial Reissue As authorized by the Stam te of North Carolina, Departent of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: r 15A NCAC / ' - ❑ Rules attached. Q General Permit Rules available at the following link: www.deq.nc.eov/CAMArules Applicant Name �- PC:',7 r L; " I /,. .....i_ .t. Address .2 Si CityC a v. State "YI A zip Phone # Email 17 r'USe. `t M ct"I", Affected , cW QEW ❑PTA AEC(s): ❑ OEA ❑ IHA ❑ UW ORW: yes/no ', PNA: yes/,no Type of Project/ Activity =._ - n 5 4 r« ES ❑ PTS ❑SPIMA ❑PWS Project Location (County): Street Address/State Road/Lot #(s) Subdivision City Adj. Wtr. Body Closest Mal. Wtr. Body o V n r ,� -A- I,'Js v,> t J_ s t- (Scale: .,....... Access Length —4—-- , I Pier (dock) length _ Fixed Platform(s) A! _ I Floating Platform(s)" Finger pier(s) I , Total Platform area Groin length/N Bulkhead/ Riprap length C Avg distance offshore Breakwater/Sill- I�- Maxdistance/length Basin, channel"I- yards -Cubic Boat ramp-- _ Boathouse/Boatlift Beach BulldozingI / 1— Other I - - - _ •- SAV observed: yes no Moratorium n/a yes. no —`�—' - ` Site Photos: yes no Ricarian Waiver Attached: yes no A building permit/zoning permit may be required by: Permit Conditions 71J 110-T 5fr- ct. r .s j( b GJ�ye ic.d a+' ❑TAR/PAM/NEUSE/BUFFER (circle one) ,c."y 4-r-I'a-f *w e, o,.s wr--J ❑ See note on back regarding River Basin rules drew b ila a� d k. nq ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO TH IS PROJECT AN D REVIEWED COMPLIANCE STATEMENT. (Please Initial)> V . , \Agent or Applicant PRINTED Name Permit Officer's PRINTED Name Signature**Please read compliance statement on back of permi�** Signature Application Feels) Check JJ/Money Order Issuing Date Expiration Date AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Property Legal Description: DEED BOOK: 2518 PAGE NO: 259 Pitt NO,:064720921345 PROPERTY STRE.:ET ADRESS: 27194 Juliann Ct, Salvo. NC 27972 Please Print: Property Owner: Lea Gabrielle Potts Property Owner: The undersigned property owners of the above noted property. so hereby authorize Doug _Dorman ____________________________._____,___._.___._...,of Atlantic Env'tronmental_Consu_ltants,_LLC.__.._.__._to. (Contractor/Agent) (dame of consulting firm) Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Army Corps of Engineers. etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address (if different than property above): 45 1layward Street 42405 Cambridge, MA 02142 Property Owners Telephone Number: 571-201-6932 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature and 'Title Date: Authorized Signatureand Title Date: PAMLiCO \ � � SOUND v PROPOSED STARS-- -}' PROPOSED WA KWAYI o X145' E , 30" L'A'AF .) I PROPOSED UPLAND WALKWAY F'X20' 75' A.Ea-' �i�M 2 hI RGVA(p Prmr, �rz ,�j 'j S W 4i n�3 '1' A� 1 Y � COASTAL 0 P.A40 HNI 7! X 1 Jjjj t Jl 1404 0-7LANO /_tNE I 1 T cor 4 I aQ Lw� +nC Di1�..0 ;( 0 Lii 5 369.64 Sq. r t 0.75 AC. I PAMLICO SOUND I.*BuE SHc :s DR i T OR VICIN11TY MAP NTS LEGEND 1 3M1 DCM CUiFfR Li.NE — — AEC LNE — - -- F r AND .IN_ (ARIREC EY USACCE 06/04j'9; FXO-�Nr, SH:RfLNE (IiWL) .. 'f 145R/Wj P1jr3LiC A1C: v!D!SZG;O CP. C. C, Si.. 15.9Aj LEA GABRIELLE �p CAMA GENERAL PERMIT FOR WALKWA ? S ;-ARROW SHORES SALVO - _'rARE COUP` lY - NORTH CAROLINA _. ------- — — r----- ------ — — so zo eo ATLANT/C £NYIRQNM£NTAL CONSULTANTS, LLC GRAPHIC SCALE i' 60' F.O. BOX J1ff6, KfTT/ HAWK, N.C. 17949 (?51j16f-7707, e-moil daugdoac9gmor/com, LIT %,-y 9LE: MUSSELMM 2021 DAM 01/29/24 REKDe 7/12/21. N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Lea Potts Address of Property: 27194 Juliann Court, Salvo, NC 27972 Mailing Address of Owner: 9407 Mt Vernon Cirice, Alexandria, VA 22309 lea.gabrielle.usa@gmail.com 757_201-6935 Owner's email: Owner's Phone#: Agent's Name: Doug Dorman Agent Phone#: 252-599-2603 Agent's Email: dougdaec@gmail.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) 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. DO NOT have objections to this proposal. I DO have objections to this proposal. It you have objections to what Is being proposes, you must noury me N.G. Uivision or coasfai Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 943 Washington Square Mail, Washington, NC 27889. DCM representatives can also be contacted at (252) 946.6481. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 16 from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback; you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner STH I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Ronald Pettit Mailing Address of ARPO: P.O. Box 499, Rodanthe, NC 27968 ARPO's email: islandobx@gmail.com ARPO's Phone#: 252-489-8211 Date: 01 /29/24 *waiver is valid for up to one year from ARPO's Signature" Revised July 2021 N.C. DIVISION OF COASTAL, MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Lea Potts Address of Property: 27194 Juliann Court, Salvo, NC 27972 Mailing Address of Owner: 9407 Mt Vernon Cirlce, Alexandria, VA 22309 lea.gabrielle.usa@gmaii.com 757-201-6935 Owner's email: Owner's Phone#: Agent's Name: Doug Dorman Agent Phone#: 252-599-2603 Agent's Email: dougdaec@gmaii.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portlon to be completed by the Adlacent Property Owner) 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. X-J I DO NOT have objections to this proposal. _, ____ I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 943 Washington Square Mall, Washington, NC 27889. DCM representatives can also be contacted at (252) 946.6481, No response is considered the same as no objection if you have been notified by Certiffed Mail. WAIVER SECTION i understand that any proposed 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 (this does not apply to bulkheads or dprap revetments). (if you wish to waive the setback, you mugl lign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) a Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Edward & Jennifer Marscheider Mailing Address of ARPO: 201 70th Street, Virginia Beach, VA 23451 ARPO's email: ARPO's Phone#: Date: 01/29/24 *waiver Is valid for up to one year from ARPO's Signature" i Revised July 2021 OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (Form 12G) for guidance In completing this form] NOTE: If seller is selling less than the entire parcel of land owned, then compliance with subdivision regulation and/or an adequate legal description of the land being sold must be considered. This contract should not be used to sell property by reference to, exhibition of, or any other use of a plat showing a subdivision of the property before the plat has been properly approved and recorded with the register of deeds as of the date of the contract. If a preliminary plat has been approved, this contract may be used if an addendum drafted by a North Carolina real estate attorney addressing certain statutory requirements is attached. See NC General Statutes Section 16OD-807 for more details and possible exceptions. If Buyer is contemplating a subdivision of the land as a condition of purchase, Buyer should first consult with an NC real estate attorney. NOTE FOR NEW CONSTRUCTION: If Seller is Buyer's builder or has engaged a builder and the sale involves the construction of a new single-family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer 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"). I. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": JOHN J. MUSSELMAN (b)'Buyer": _ _ LEA G. POTTS (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. The Property❑ willCi will not include a manufactured (mobile) home(s). The Property ❑willR will not include an off -site and/or separate septic lot, boat slip, garage, parking space, or storage unit. NOTE: If a manufactured home(s) or a septic lot, boat slip, garage, parking space, or storage unit is included, Buyer and Seller are strongly encouraged to include further details in the Additional Provisions Addendum (Form 2A11-T) and attach it to this offer. NOTE: If there is a manufactured or mobile home on the Property (regardless of whether it is inhabitable, uninhabitable, a fixture, or not affixed), then Seller should complete the Residential Property and Owners' Association Disclosure Statement and the Mineral and Oil and Gas Rights Mandatory Disclosure Statement under the Residential Property Disclosure Act (Chapter 47E of North Carolina's General Statutes) unless the Property is exempt, Street Address: _ 27194 JULIANN CT City: � _ _ _ ALVO 27972 County: DA ,North Carolina NOTIi.: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description; (Complete ALL applicable) Plat Reference: Lot/Unit LOT 5, Block/Section N/A , Subdivision/Condominium FARROW SHORES 2 as shown on Plat Book/Slide,PL: C SL: 179H at Page(s) 0259 _ The PIN/PID or other identification number of the Property is: _ 064720921345 Other description: -- ---_0__d_ Some or all of the Property may be described in Deed Books— at Page 0259 (d) "Purchase Price": $ $ 305,000.00 paid in U.S. Dollars upon the following terms: Page 1 of 13 ® This form jointly approved by: North Carolina Bar Association's Real Property Section STANDARD FORM 12-T North Carotin iatlon of REALTORS®, Ing, Revised 7/2023 REALTORS of o�N0Y1u.i`.: (C 7/2023 b Bever initials�,:<'I Sellerinitialk.`'s"2! 5, 000.00 $ 300,000.00 BY DUE DILIGENCE FEE trade payable and delivered to Seller on the Effective Age by 0 cash 0 personal check 0 official bank check 0 wire transfer t.J electronic transfer (specify payment service: ) BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) within five (5) days of the Effective Date of this Contract by 0 cash &personal check D official bank check ❑wire transfer electronic transfer. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) no later than 5 p.m, on TIME BEING OF THE ESSENCEby0cash Dofficialbank check CTwiretransfer 0 electronic transfer 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) 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, and Seller shall be entitled to recover the Due Diligence Fee together with all Earnest Money Deposit paid or to be paid in the future. In addition, Seller may seek any remedies allowed for dishonored funds. See paragraph 20 for a party's right to attorneys' fees incurred in collecting the Earnest Money Deposit or Due Diligence Fee. NOTE: If the parties agree that Buyer will pay any fee or deposit described above by electronic or wire transfer, Seller agrees to cooperate in effecting such transfer, including the establishment of any necessary account and providing any necessary information to Buyer, provided, however, Buyer shall be responsible for additional costs, if any, associated with such transfer. (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 promptly and held in escrow by Escrow Agent. The Earnest Money Deposit will be credited to Buyer at Closing or disbursed as required by this Contract. (f) "Escrow Agent" (insert name): _ DIXON & DIXON 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). :VOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit; the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §43A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. Page 2 of 13 ,(' STANDARD FORM 12-T Buyer initial {cam,_ _ _Seller initial _ •� __ Revised 7/2023 © 7/2023 (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 21(b) or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. See paragraph 21 for a parry's right to attorneys' fees incurred in collecting the Due Diligence Fee. 0) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on Feb 16, 2024 TIME BEING OF THE ESSENCE. (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the closing attorney's receipt of all fimds necessary to complete such transaction (1) "Settlement Date": The parties agree that Settlement will take place on Feb 23, 2024 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. NOTE: See paragraph 10, DELAY IN SETTLEMENTICLOSING for conditions under which Settlement may be delayed. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property front 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 attomy's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then. the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non-attomey settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORSO that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property. NOTE: Buyer's and Seller's respective responsibilities for the payment of Special Assessments are addressed in paragraphs 4(a) and 60). 2. BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE. PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. Page 3 of 13 STANDARD FORM 12-T Buyer initials v- Seller initial �_- _ Revised 7l2023 0712023 (a) Loan: Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. (b) Property Investigation: Buyer or Bayer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) 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 ?VOTE: There is no loan or appraisal contingency in this Offer To Purchase and Contract. 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 loan process and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 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 street(s)/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(t) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. if Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute, consult a NC real estate attorney. txt) Special Assessments: Investigation of the existence of Special Assessments that may be under consideration by a governmental authority or an owners' association. (c) Sale/Lease of Existing Property: As noted in paragraph 3(b), this Contract is not conditioned upon the saleflease 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. (d) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices 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. Page 4 of 13 STANDARD FORM 12-T r, Buyer initialsa _Seller initial Revised 7(2023 7/2023 (e) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage. claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (t) Buyer's Right to Terminate: Provided that Buyer has delivered any agreed -upon Due Diligence Fee, 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. (g) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Funds to complete purchase: R (Check ifopplicable) Cash. Buyer intends to pay cash in order to purchase the Property and does not intend to obtain a loan or funds from sources other than Buyer's own assets. Verification of cash available for SettlementO isRA is not attached. NOTE: If Buyer does not intend to obtain a new loan(s) and/or funds from sources other than Buyer's own assets, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a loan or funds from sources other than Buyer's own assets. UK: ❑ (Check if applicable) Loans)/Other Funds: Buyer intends to obtain a loan(s) and/or other funds to purchase the Property from the following sources (check all applicable sources): ❑ First Mortgage Loan: Buyer intends to obtain a first mortgage loan of the following type in order to purchase the Property: ❑ Conventional ❑ USDA 0 Other type: in the principal amount of Q Second Mortgage Loan: Buyer intends to obtain a second mortgage loan of the following type in order to purchase the Property: U Other funds: Buyer intends to obtain funds from the following other source(s) in order to purchase the Property: NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining any loan(s) or other funds from sources other than Buyer's own. assets. Some mortgage loan programs and other programs providing funds for the purchase of property selected by Buyer may impose repair obligations and/or additional conditions or costs upon Seller or Buyer, and more information may be needed. Material changes with respect to funding the purchase of the Property that affect the terms of the contract are material facts that must be disclosed. (b) Other Property: DOES NOT have to sell or lease other real uronerty in order to oualifv for a new loan or to complete the purchase. (Complete the following only ifBayer DOES have to sell or lease other real propertv:) Other Property Address: ❑ (Check rj'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. (Bu(ver may mark out any cot fdential information, 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 TO OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING THIS OFFER. ❑ (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. ❑ will be listed with and actively marketed by a licensed real estate broker. Page 5 of 13 STANDARD FORM 12-T Buyer initials c�,�, .;" Seller initial- � 7 Revised 7/2023 ® 7/2023 ❑ Buyer is attempting to sell/lease 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 Special Assessments: Buyer shall take title subject to all Special Assessments that may be approved following Settlement. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer; (ii) charges by an owners' association or a management company/vendor as agent of the association under paragraph 7(b) of this Contract; (iii) appraisal; (iv) title search; (v) title insurance; (vi) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (vii) recording the deed; and (viii) 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: G has owned the Property for at least one year. O has owned the Property for less than one year. o does not yet own the Property. (b) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property Cj 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 2A 12-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (c) Sewage System Permit: (:]ApplicableQNot 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. (d) 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 Statentent(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. (u) 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 Page 6 of 13 / F STANDARD FORM I2-T Buyer initial. cf Seller initial � Y.a » Revised 7/2023 CD 7/2023 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 certification (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller does not provide a non -foreign status certification, Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys: (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurers agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, and (3) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). (c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. 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 date 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 an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Bayer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom. (f) Designation of LIen Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shalt execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, Its pendens, monetary liens andjudgments, and free of other encumbrances or defects that would materially affect the value of the Property, including those which would be revealed by a. current and accurate survey of the Property, except: (1) ad valorem taxes for Ore current year; (2) utility easements and unviolated covenants, conditions or restrictions; and (3) such other liens, encumbrances or defects as may be specifically approved by Buyer in writing. The Property must have legal access to a public right of way. 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. 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. Page 7 of 13 � STANDARD FORM 12 'I' Buyer initial: 171"l Seller initial M l n"va Revised 7/2023 ©7/2023 (h) Governmental Compliance: It is a condition of this Contract that the Property be conveyed free of any material violation of law, ordinance, permit, or government regulation (including, but not limited to, those relating to stormwater, impervious surface, environmental protection, and zoning), unless Seller has specifically disclosed such violation(s) prior to the Effective Date. If a violation is discovered and identified after the Effective Date and prior to Closing, then Seller may cure the violation(s). Unless otherwise agreed, if Seller does not cure the violation(s) prior to Closing, then Buyer may choose to accept the violation(s) and proceed to Settlement/Closing or terminate this Contract and receive a refund of the Earnest Money Deposit and the Due Diligence Fee. (i) Deed, Taxes and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations tinder this Contract, and for state and county excise taxes, and any deferred; discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made (a) Buyer; (b) a corporation, limited liability company, or other business entity of which Buyer is the sole owner or shareholder; (c) a trust for which Buyer is the beneficiary; (d) any relative of Buyer; and/or (e) Other: (Insert Name(s) Only) BUYER Q) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $_ toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHANA lender and inspection costs that Buyer is not permitted to pay. (it) Owners' Association Fees/Charges: Seller shall pay any charges by an owners' association or a management company/vendor as agent of the association under paragraph 7(a) of this Contract. (1) Payment of Special Assessments: Seller shall pay, in full at Settlement, all Special Assessments that are approved prior to Settlement, 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. (m) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (n) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2AI2-T): If applicable, Seller shall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to Buyer on or before the Effective Date. (o) Seller's Breach of Contract: See paragraph 21 for Buyer's remedies in the event of breach of this Contract 7. CHARGES BY OWNERS' ASSOCIATION: Responsibility for payment of charges by an owners' association or a management company/vendor as agent of the association shall be allocated between Buyer and Seller as follows: (a) Seller shall pay: (i) fees incurred by Seller in completing resale or other certificates related to a proposed sale of the Property; (ii) fees required for confirming Seller's account payment information on owners' association dues or assessments for payment orproration, including any expedite fee permitted under N.C. Gen. Star. $ 4717-3.102 that is charged in connection with providing such information; (iii) any fees charged for transferring or updating ownership records of the association; and (iv) any fees other than those fees specifically required to be paid by Buyer under paragraph 7(b) below. (b) Buyer shall pay: (i) charges for providing information required by Buyer's lender; (ii) working capital contributions, membership fees, or charges imposed for Buyer's use of the common elements and/or services provided to Buyer in connection with Buyer taking possession of the Property, such as "move -in fees"; and (iii) determining restrictive covenant compliance. 8. PRORATIONS AND ADJUSTMENTS: Unless otherwise agreed, the following items shall be prorated, with Seller responsible for the prorated amounts of any taxes and dues through the date of Settlement, and Seller entitled to the amount of prorated rents 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. Page 8 of 13 STANDARD FORM 12-T Buyer initial z,L Seller initial` . e Revised 7/2023 (0712023 9. CONDITION OF PROPERTYIRISK OF LOSS: (a) Condition of Property at Closing: 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 Due Diligence Fee and 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. (b) Risk of Loss: 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 on the Property until after confirming recordation of the deed. 10. DELAY IN SETTLEMENT/CLOSING: This paragraph shall apply if one party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") but it is not possible for the other party to complete Settlement by the Settlement Date ("Delaying Party"). In such event, the Delaying Party shall be entitled to a delay in Settlement and shall give as much notice as possible to the Non -Delaying Party and closing attorney. If the Delaying Parry fails to complete Settlement and Closing within seven (7) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties), then the Delaying Party shall be in breach and the Non -Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 11. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph I(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered 12. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. 0Additional Provisions Addendum (Form 2A1 I-T) ❑Additional Signatures Addendum (Form 3-T) HBack -Up Contract Addendum (Form 2Ai-T) Loan Assumption Addendum (Form 2A6-T) ❑ Identify other attorney or party drafted addenda: ❑Owners' Association Disclosure Addendum (Form 2A 12-T) OSeller Financing Addendum (Form 2A5-T) Short Sale Addendum (Form 2A 14-T) NO "PE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 14. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging patty 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 Sellershall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until frilly observed, kept or performed. 17. ENTIRE AGREEMENT/RECORDATION: 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. This Agreement or any memorandum thereof shall not be recorded without the express written consent of Buyer and Seller. Page 9 of 13 STANDARD FORM 12-T Buyer initial Seller initial Revised 7/2023 © 7/2023 Ig. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication maybe transmitted to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, 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 the final act to send such transmission, in a form capable of being processed by the receiving parry'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 any informationtherein shall not constitute a rejection of an offer or the creation of a counteroffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 20. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or 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. 21. REMEDIES: (a) Breach by Buyer: In the event of material breach of this Contract by Buyer, any Earnest Money Deposit shall be paid to Seller. The payment of any Earnest Money Deposit and any Due Diligence Fee to 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, provided that such Liquidated Damages shall not limit Seller's rights under Paragraphs 2(d) and 2(e) for damage to the Property as well as Seller's right under paragraph 1(d) for dishonored fiords. 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 of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. (b) Breach by Seller: In the event of material breach of this Contract by Seller, Buyer may (i) elect to terminate this Contract as a result of such breach, and shall be entitled to return of both the Earnest Money Deposit and the Due Diligence Fee, together with the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence ("Due Diligence Costs"), or (ii) elect not to terminate and instead treat this Contract as remaining in full force and effect and seek the remedy of specific performance. (c) Attorneys' Fees: If legal proceedings are brought by Buyer or Seller against the other to collect the Earnest Money Deposit, Due Diligence Fee, or Due Diligence Costs, the parties agree that a party shall be entitled to recover reasonable attorneys' fees to the extent permitted under N.C. Gen. Star. § 6-21.2, and if applicable, N.C. Gen. Start. § 6-21.3 for dishonored funds. The parties acknowledge and agree that the terms of this Contract with respect to entitlement to the Earnest Money Deposit, Due Diligence Fee, or Due Diligence Costs each constitute an "evidence of indebtedness" pursuant to N.C. Gen. Star. § 6.21.2. NOTE: A party seeking recovery of attorneys' fees under N.C. Gen. Stat. § 6-21.2 must first give written notice to the other party that they have five (5) days from the mailing of the notice to pay the outstanding amount(s) without the attorneys' fees. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 10 of 13 STANDARD FOR12-T M Buyer rmtiaC r Seller initials -=(7 Revised 7/2023 �._ C 7/2023 THE NORTH CAROLINA ASSOCIATION OF REALTORS's, 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: Jan 19 Buyer:.._ Entity Buyer: (Name of LLC/Corporation/Partnership/Trust/ete.) Name: Print Name Title: Date: Date. __ Jan 19, 2024 Seller: .`.... Date: Entity Seller: (Name of LLC/Corporation/Parmersbip/Trust/ete.) 0 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, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE.. OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE, DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALLTo 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 I I of 13 � 7 STANDARD FORM 12-T Buyer initial Seller mnialg']C-fkCl Revised 7/2023 O 7/2023 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 "NIA" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: 9407 MT VERNON CIRCLE ALEXANDRIA, VA 22309 Buyer Fax #: SELLER NOTICE ADDRESS: Mailing Address: 200 CHATHAN HEIGHTS RD, FREDERICKSBURG, VA 22405 Seller Fax Buyer E-mail: /ea.gabrlelte.usa@gmail.com SellerE-mail: w+endym@prolock.com CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name: Listing Firm Name: Acting as Buyer's Agent Seller's (sub)Agent RDual Acting as0 Seller's AgentM Dual Agent vY Agent Fimi Licenself: Mailing Individual Selling Agent:_ Dan Johnson OActing as a Designated Dual Agent (check only if applicable) Selling Agent License#: 90206 ---------------- Selling Agent Phone#: 2523056323 Selling Agent Fax#: Selling Agent E-mail: danj@midgettrealty.cotn Firm C0669 Mailing Address: P.O. Box 250 HATTERAS NC 27943 Individual Listing Agent: Dan Johnson Acting as a Designated Dual Agent (check only if applicable) Listing Agent Listing Agent Phone#: 2523056323 _ Listing Agent Fax#: Listing Agent E-mail:-- �danj@midgettrealty.com Page 12 of 13 r Buyer initial * Seller initialt /.. STANDARD FORM 12-T Revised 7/2023 0 7/2023 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: JOHN J. MUSSLEMAN ("Seller") Buyer: _ LEA G. POTTS Property Address: 27194 JULIANN CT, SALVO, NC 27972 __ v ("Property") 0 LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Listing Agent hereby acknowledges. Date Firm: (Signature) (Print name) O SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE 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 Seller of a Due Diligence Fee in the amount of $ , recetp(f�ish.5eller hereh_,v arknmvledfgec Date: Jan 19, 2024 Seller: —(Signaturti' - Date: Seller: - (Signature) Q ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of $ 5,000.00 . Escrow Agent as identified in Paragraph l(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the saute in accordance with the terms of the Offer to Purchase and Contract. Firm: DIXON & DIXON By:__ (Signature) (Print name) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — e — — — — — — ❑ 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(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Time: AM OPM Firm: (Signature) name) Page 13 of 13 STANDARD FORM 12-T Revised 7/2023 © 7/2023 STATE OF NORTH CAROLINA .• MINERAL AND OIL AND GAS RIGHTS MANDATORY DISCLOSURE STATEMENT Instructions to Property Owners 1. The Residential Property Disclosure Act (G,S. 47E) ("Disclosure Act") requires owners of certain residential real estate such as single- family homes, individual condominiums, townhouses, and the like, and buildings with up to four dwelling units, to furnish purchasers a Mineral and Oil and Gas Rights Disclosure Statement ("Disclosure Statement'). "This form is the only one approved for this purpose. 2. A disclosure statement is not required for some transactions. For a complete list of exemptions, see G.S. 47E-2(a). AA DISCWSURE ST M LENT IS REQUIRED FOR THE TRANSFERS IDENTIFIED IN G.S. 47E-1(b), including transfers involving the fast sale of a dwelling never inhabited. lease with option to purchase contracts where the lessee occupies or intends to occupy the dwelling, and transfers between parties when both parties agree not to provide the Residential Property and Owner's Association Disclosure Statement. 3. You must respond to each of the following by placing a check � in the appropriate box. MINERAL. AND OIL AND GAS RIGHTS DISCLOSURE Mineral rights and/or oil and gas rights can be severed from the tide to real property by conveyance (deed) of the mineral rights and/or oil and gas rights from the owner or by reservation of the mineral rights and/or oil and gas rights by the owner. If mineral rights and/or oil and gas rights are or will be severed from the property; the owner of those rights may have the perpetual right to drill, mine, explore, and remove any of the subsurface mineral and/or oil or gas resources on or from the property either directly from the surface of the property or from a nearby location. With regard to the severance of mineral rights and/or oil and gas rights, Seller makes the following disclosures: Z' Yes No No Representation c Initials 1. Mineral rights were severed from the property by a previous owner. ❑ ❑ G 2. Seller has severed the mineral rights from the property. ❑ Initials �Tuy. Initials 3. Seller intends to sever the mineral ri hts from the ro ert rior to g property y P ❑ d G transfer of title to the Buyer, 4.Oil and gas rights were severed from the property by a previous owner. ❑ ❑ G Initials 5. Seller has severed the oil and gas rights from the property. ❑ S1 r Initials 6. Seller intends to sever the oil and gas rights from the property prior ❑ B' x ttlala to transfer of tide to Buyer. Note to Purchasers If the owner does not give you a Mineral and Oil and Gas Rights Disclosure Statement by the time you make your offer to purchase the pmperty; or exercise an option to purchase the property pursuant to a lease with an option to purchase, you may under certain conditions cancel any resulting contract without penalty to you as the purchaser. To cancel the contract, you must personally deliver or snail written notice of your decision to cancel to the owner or the owner's agent within duet calendar days following your receipt of this Disclosure Statement, or three calendar days following the date of the contract, whichever occurs first. However, in no event does the Disclosure Act permit you to cancel a contract aver settlement of the transaction or (in the we of a sale or exchange) after you have occupied the property, whichever occurs first. Property Address: 27194 JULIANN CT, SALVO, NC 27972 Owner's Nanie(s): JOHN J. MUSSLI=MAN Owner(s) acknowledge having examined this Disclosure Statement before 'r rg and that all information is true and correct as of the date signed. �i(f j' Owner Si nature: I u�J"t 4v € �� Date Jan 19, z024 Owner Date Purchaser(s) acknowledge receipt of a copy of this Disclosure Statement,- that they have examined it before signing• that they understand that this is not a warranty by owner or owners agent; an the representations are made by the owner and not the owner's agent(s) or subagent(s). - 2 I- s Purchaser Purchaser Date Jan 19. 2024 Date , RRC 4.25 1/11171 This form is required for use in all sales transactions, including residential and commercial. 4,.0ggAL $gam T Yti�s'r�im 9�� Working With Real Estate Agents Disclosure Yd �` (Far Buyers) IMPORTANT This form is not a contract. Signing this disclosure only means you have received it. ht a real estate sales transaction, it is important that you understand whether an agent represents you. Real estate agents are required to (1) review this form with you at first substantial contact - before asking for or receiving your confidential information and (2) give you a copy of it after you sign it. This is for your own protection. Do not share any confidential information with a real estate agent or assume that the agent is acting on your behalf until you have entered into an agreement with the agent to represent you. Otherwise, the agent can share your confidential information with others. Note to Agent: Check all relationship types below that may apply to this buyer. Buyer Agency: If you agree, the agent who gave you this form (and the agent's firm) would represent you as a buyer agent and be loyal to you. You may begin with an oral agreement, but your agent must enter into a written buyer agency agreement with you before making a written offer or oral offer for you. The seller would either be represented by an agent affiliated with a different real estate firm or be unrepresented. -.-_ Dual Agency: Dual agency will occur if you purchase a property listed by the firm that represents you. If you agree, the real estate firm and any agent with the same firm (company), would be permitted to represent you and the seller at the same time. A dual agent's loyalty would be divided between you and the seller, but the firm and its agents must treat you and the seller fairly and equally and cannot help you gain an advantage over the other party.* Designated Dual Agency: If you agree, the real estate first would represent both you and the seller, but the firm would designate one agent to represent you and a different agent to represent the seller. Each designated agent would be loyal only to their client,* *Any agreement between you and an agent that permits dual agency must be put in writing no later than the time you make an offer to purchase. Unrepresented Buyer (Seller subagent): the agent who gave you this form may assist you in your purchase, but will not be representing you and has no loyalty to you. The agent will represent the seller. Do not share any confidential information with this agent. Note to Buyer.- For more information on an agents duties and services, refer to the NC Real Estate Commission's "Questions and Answer, on: Working With Real Estate Agents" brochure at ncrec.gov (Publications, Q&A Brochures) or ask an agent for a copy of it. Buyer's Agent's Name LEA G. POTTS Print Name Buyer's Signature Print Name Jan 19, 2024 Date 90206 Mirlyett Realty Agent's License No. Firm Name REC.4.27 • 1i1l2022 EXCLUSIVE BUYER AGENCY AGREEMENT (Consult "Guidelines" (Form 201G) for guidance in completing this forml This EXCLUSIVE BUYER AGENCY AGREEMENT ("Agreement") is entered into between: LEA G. POTTS (`Buyer"), and _ Midgett Realty ("Firm") as the Buyer's exclusive agent to assist the Buyer in the acquisition of real property which may include any purchase, option and/or exchange on terms and conditions acceptable to Buyer. The individual agent who signs this Agreement on behalf of the Firm shall, on behalf of the Firm, be primarily responsible for ensuring that the Firm's duties hereunder are fulfilled; however, it is understood and agreed that other agents of the Firm may be assigned to fulfill such duties if deemed appropriate by the Firm. For purposes of this Agreement, the term "Firm," as the context may require, shall be deemed to include the individual agent who signs this Agreement and any other agents of the Firm. NOTE: If the Buyer is a corporation, limited liability company, trust or other legal entity, the entity should be named as Buyer and a duly authorized officer, manager, trustee, or other legal representative of the entity should sign this Agreement on the entity's behalf. Buyer represents that, as of the Effective Date of this Agreement, the Buyer is not a party to a buyer representation agreement with any other real estate firm. Buyer has received a copy of the "WORKING WITH REAL ESTATE AGENTS" disclosure and has reviewed it with Firm. Buyer further represents that Buyer has disclosed to Firm information about any properties of the type described in paragraph 1 below that Buyer has visited at any open houses or that Buyer has been shown by any other real estate firm. 1. TYPE OF PROPERTY. [j Residential (improved and unimproved) [) Commercial (improved and unimproved) Q Other (a) General Location: DARE _-------- (b) Other: 2. EFFECT OF AGREEMENT. Buyer intends to acquire real property of the type described in paragraph 1. By employing Firm as Buyer's exclusive agent, Buyer agrees to conduct all negotiations for ,such property through Firm, and to refer to Firm all inquiries received in any form from other real estate firms, prospective sellers or any other source, during the time this Agreement is in effect. 3. TERM OF AGREEMENT. The term of this Agreement ("Term") shall begin on the Effective Date and shall terminate as follows (check appropriate box): [�j (For buyers who intend to purchase a single property): This Agreement shall terminate when Buyer acquires real property of the type described in paragraph 1, or 11:59 p.m. on Apr 30, 2024 , whichever occurs sooner. (For buyers who may purchase more than one property): This Agreement shall terminate at 11:59pm on._._..,._._._- 4. COMPENSATION OF FIRM. (a) Firm acknowledges receipt of a non-refundable retainer fee in the amount of $ which Oshall (]shall not be credited toward any compensation due Firm under this Agreement. (b) Buyer agrees that Firm's fee for services hereunder shall be in the amount of COMMISSION PER LISTING (Insert dollar amount, percentage of purchase price, or other method of determining Firm's compensation for each type of property the Buyer may purchase, such as resale, new construction, land%lot and'or unrepresented seller. Do not insert N/A or a zero ($0)). (i) Firm shall seek the Fee from a cooperating listing firm (through the listing firm's offer of compensation in MLS or otherwise) or from the seller if there is no listing firm, and Buyer agrees that Firm shall be entitled to receive same in consideration for Firm's services hereunder. (ii) If Buyer purchases property where the compensation offered by the listing firm and/or seller is less than the Fee, or where no compensation is offered by either the listing firm or the seller, Buyer and Firm agree that Buyer will pay the difference between the Fee and the compensation offered unless prohibited by law. Firm will timely inform Buyer if the compensation offered is less than expected. Per federal regulations, a. buyer obtaining a VA loan is not permitted to pay a brokerage fee or commission in connection with the services of a buyer agent, though use of a buyer agent is permitted. Firm may still seek compensation pursuant to paragraph 4(b)(i) if Buyer is seeking a VA loan. (iii) If additional compensation, incentive, bonus, rebate and/or other valuable consideration ('Additional Compensation') is offered through the MLS or otherwise, Buyer will permit the Firm to receive it in addition to the Fee. Firm shall timely disclose the promise or expectation of receiving any such Additional Compensation and confirm the disclosure in writing Page 1 of 7 STANDARD FORM 201 North Carotin iation of REALTORS®, Inc. Revised 7/2023 121 !- © 7/2023 REALTOR� Buver initia Is �-_. Individual agent initials before Buyer makes or accepts an offer to buy. (Note: NCAR Form #770 may be used to confirm the disclosure of any such Additional Compensation) (c) The compensation shall be deemed earned under any of the following circumstances: (i) If, during the term of this Agreement, Buyer, any assignee of Buyer or any person/legal entity acting on behalf of Buyer directly or indirectly enters into an agreement to purchase, option, and/or exchange any property of the type described above regardless of the manner in which Buyer was introduced to the property; or (it) If, within 90 days after expiration of this Agreement ("Protection Period'), Buyer enters into a contract to acquire property introduced to Buyer during the terns of this Agreement by Firm or any third party, unless Buyer has entered into a valid buyer agency agreement with another real estate firm; or (iii) If, having entered into an enforceable contract to acquire property during the term of this Agreement, Buyer defaults under the terms of that contract. (d) The compensation will be due and payable at distribution of proceeds from sale of the Property by the closing attorney or upon Buyer's default of any purchase agreement. If Buyer defaults, the total compensation that would have been due the Firm will be due and payable immediately in cash from the Buyer. No assignment of rights in real property obtained for Buyer or any assignee of Buyer or any personAegal entity acting on behalf of Buyer pursuant to this Agreement shall operate to defeat any of Firm rights under this Agreement. NOTE: Buyer understands and acknowledges that there is the potential for a conflict of interest generated by a percentage of price based fee for representing Buyer. The amount, format or raw of real estate commission is not fixed by law, but is set by each broker individually, and may be negotiable between Buyer and Firm. (e) If Buyer purchases unimproved property, Agent may assist Buyer in identifying a contractor to make improvements on the property, subject to the provisions of paragraph 10. Buyer acknowledges and understands that in such a case, the contractor may offer to compensate Agent. Agent shall disclose to Buyer the existence of such an offer of compensation before Buyer enters into a contract with the contractor, and Buyer hereby consents to the receipt by Agent of any such compensation. S. OTHER POTENTIAL BUYERS. Buyer understands that other prospective purchasers represented by Firm may seek property, submit offers, and contract to purchase property through Firm, including the same or similar property as Buyer seeks to purchase. Buyer acknowledges, understands and consents to such representation of other prospective purchasers by Firm through its agents. 6. FIRM'S DUTIES. (a) General. During the term of this Agreement, Firm shall promote the interests of Buyer by: (i) performing the terms of this Agreement; (ii) seeking property at a price and terms acceptable to Buyer; (iii) presenting in a timely manner all written offers or counteroffers to and from Buyer; (iv) disclosing to Buyer all material facts related to the property or concerning the transaction of which Firm has actual knowledge; and (v) accounting for in a timely manner all money and property received in which Buyer has or may have an interest. (b) Confidentiality. Unless otherwise provided by law or Buyer consents in writing to the release of the information, Firm shall maintain the confidentiality of all personal and financial information and other matters identified as confidential by Buyer, if that information is received from Buyer during the brokerage relationship. (c) Standard of care. In satisfying Firm's duties, Firm shall exercise ordinary care, comply with all applicable laws and regulations, and treat all prospective sellers honestly and not knowingly give them false information. (d) Representation of others. Firm may show the same property to other buyers, represent other buyers, represent sellers relative to other properties, or provide assistance to a seller or prospective seller by perforating ministerial acts that are not inconsistent with Firm's duties under this Agreement. (e) Submission of information to listing service. Upon closing of any sale of property not entered in a listing service of which Fimr is a member, Buyer authorizes Firm to submit pertinent information concerning the property, including sales price, to such listing service. 7. DISCLOSURE OF BUYER'S NAME/MAILING ADDRESS. (a) Unless otherwise stated in Paragraph 13 below, Firm has Buyer's permission to disclose Buyer's name. (b) In accordance with NC General Statutes Section 93A-12, if a dispute regarding the return or forfeiture of any earnest money deposit arises between Buyer and the seller of any real property Buyer may agree to purchase, the escrow agent holding the deposit may deposit the disputed monies with the appropriate Clerk of Court following written notice to the parties. In the event of any such dispute, Buyer directs Firm to disclose Buyer's last known mailing address to the escrow agent upon request to enable the escrow agent to comply with the notice requirement of such law. Page 2 of 7 — STANDARD FORM 201 Revised 7f2023 Buyer initial_ hidividual agent initials 0712023 8. THE AGENT (FIRM) SHALL CONDUCT ALL BROKERAGE ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP OR FAMILIAL STATUS OF ANY PARTY OR PROSPECTIVE PARTY. FURTHER, REALTORS* HAVE AN ETHICAL DUTY TO CONDUCT SUCH ACTIVITIES WITHOUT RESPECT TO THE SEXUAL ORIENTATION OR GENDER IDENTITY OF ANY PARTY OR PROSPECTIVE PARTY, WARNING: Buyer Letters to Seller. Personal letters to sellers expressing why a buyer wishes to purchase a seller's property is a tactic sometimes used to attempt to make a buyer's offer stand out to the seller. Such letters often contain personal information and reveal characteristics of the buyer which could be used, knowingly or through unconscious bias, as a basis for the seller's decision to accept or reject an offer that may violate State and Federal Fair housing laws. In order to avoid potential liability for unlawful discrimination as well as the appearance of impropriety. Buyer should discuss with Firm how any such letters will be handled. 9. BUYER'S DUTIES. Buyer agrees to cooperate with Firm in the acquisition of real property of the type described in paragraph 1, including but not limited to: (a) working exclusively with Firm during the term of this Agreement; (b) immediately referring to Firm infonuation about any properties Buyer may have an interest in examining; (c) complying with the reasonable requests of Firm to supply any pertinent financial or personal data needed to fulfill the terms of this Agreement; (d) being available for reasonable periods of time to examine properties; (e) examining properties only by appointments made by or through Firm and accompanied by an agent of Firm; (f) conducting all negotiations and communications through Firm; (g) conducting all due diligence on property in consultation with Firm; and (h) paying for all products and/or services required in the examination and evaluation of properties (examples: surveys, watcv-'soil tests, title reports, property inspections, etc.). 10. OTHER PROFESSIONAL ADVICE, in addition to the services rendered to Buyer by the Firm under the terms of this Agreement, Buyer is advised to seek other professional advice in matters of law, taxation, financing, insurance, surveying, wood - destroying insect infestation, structural soundness, engineering, building construction, and other matters pertaining to any proposed transaction. Although Firm may provide Buyer the names of providers who claim to perform such services, Buyer understands that Firm cannot guarantee the quality of service or level of expertise of any such provider. Buyer agrees to pay the full amount due for all services directly to the service provider whether or not the transaction closes. Buyer also agrees to indemnify and hold Firm harmless from and against any and all liability, claim, loss, damage, suit, or expense that Firm may incur either as a result of Buyer's selection and use of any such provider or Buyer's election not to have one or more of such services performed. G Buyer acknowledges receipt of a sample copy of an Offer to Purchase And Contract for review purposes. ❑ Buyer acknowledges receipt of a sample copy of a Professional Services Disclosure and Election form (form #760) for review purposes, 11. HOME WARRANTY. The seller of any property Buyer may be interested in buying may or may not provide a home warranty as a part of any sale. If the seller does not provide a home warranty, Buyer may elect to purchase one. Buyer understands that although Firm will assist Buyer in identifying available home warranty products, Buyer must refer specific questions regarding coverage afforded by any such product to the provider thereof. If Firm assists Buyer in obtaining a home warranty, a fee of will be offered to Firm by the person or entity through or from which any home warranty is obtained as compensation to Firm for its assistance in obtaining the home warranty, and Buyer hereby consents to Firm's receipt of such fee. 12. CONFIDENTIALITY OF OFFERS. Real estate brokers are prohibited by N.C. Real Estate Commission rule from disclosing the price or other material terms contained in a party's offer to purchase, sell, lease, rent or option real property to a competing party without the express authority of the party making the offer. However, sellers may elect not to treat the existence, terms, or conditions of any offers Buyer may snake as confidential. Additionally, sellers may elect not to disclose or authorize seller's agent to disclose the existence of any other offer(s). 13. ADDITIONAL PROVISIONS. Page 3 of 7 Buyer initial's Individual agent initial4 STANDARD FORM 201 Revised 7/2023 C 7/2023 14. DUAL AGENCY. Buver understands that the potential for dual agency will arise if Buyer becomes interested in viewing property listed with Firm. Firm may represent more than one party in the same transaction only with the knowledge and informed consent of all parties for whom Firm acts. (a) Disclosure of Information. In the event Firm serves as a dual agent, Buyer agrees that without permission from the party about whom the information pertains, Finn shall not disclose to the other party the following information: (1) that a party may agree to a price, terms, or any conditions of sale other than those offered; (2) the motivation of a party for engaging in the transaction, unless disclosure is otherwise required by statute or rule; and (3) any information about a party which that party has identified as confidential unless disclosure is otherwise required by statute or rule. (b) Firm's Role as Dual Agent. If Firm serves as agent for both Buyer and a seller in a transaction, Firm shall make every reasonable effort to represent Buyer and seller in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Buyer and seller. Bayer understands and acknowledges that: (1) Prior to the time dual agency occurs, Fimr will act as Buyer's exclusive agent; (2) In its separate representation of Buyer and seller, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Buyer and seller any known or reasonably ascertainable material facts. Buyer agrees Firm shall not be liable to Buyer for (i) disclosing materialfacts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party's bargaining position but could benefit the other party. (c) Buyer's Role. Should Firm become a dual agent, Buyer understands and acknowledges that: (1) Buyer has the responsibility of making Buyer's own decisions as to what terns are to be included in any purchase and sale agreement with a seller client of Firm; (2) Buyer is fully aware of and understands the 'implication and consequences of Firm's dual agency role as expressed herein to provide balanced and fair representation of Buyer and seller and to encourage and effect communication between them rather than as an advocate or exclusive agent or representative; (3) Buyer has determined that the benefits of dual agency outweigh any disadvantages or adverse consequences; (4) Buyer may seek independent legal counsel to assist Buyer with the negotiation and preparation of a purchase and sale agreement or with any matter relating to the transaction which is the subject matter of a purchase and sale agreement. Should Firmbecome a dual agent, Buyer waives all claims, damages, losses, expenses or liabilities, other than for violations of the North Carolina Real Estate License Law and intentional wrongful acts, arising from Firm's role as a dual agent. Buyer shall have a duty to protect Buyer's own interests and should read any purchase and sale agreement carefully to ensure that it accurately sets forth the terms which Buyer wants included in said agreement. (d) Designated Dual Agency. When a real estate firm represents both the buyer and seller in the same real estate transaction, the firm may, in its discretion, offer designated dual agency. If offered, designated dual agency permits the firm, with the prior express approval of both the buyer and seller, to designate one or more agents to represent only the interests of the seller and a different agent(s) to represent only the interests of the buyer, unless prohibited by law. NOTE: An individual agent may not be designated to represent a party in a transaction if that agent has received confidential nformation concerning the other party in connection with the transaction. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 4 of 7 /�7 STANDARD FORM 201 I y Revised 7/2023 Buyer irtitial'<=� �� Individu—E��l,al agent initials��,,,/1/" ©7/2023 tal Authorization/Direction (initial either Dual Agency or Exclusive Representation). �, r Dual Agency. Buyer authorizes the Firm to act as a dual agent, representing both the Buyer and the seller, subject to the terms and conditions set forth in Paragraph 14, Buyer G DOESODOES NOT authorize the same individual agent to represent both the Buyer and the seller in a transaction. (also initial if Firm gffers designated dual agencv and Buyer authorizes designated dual agency) Designated Dual Agency. In addition to authorizing Firm to act as a dual agent, Buyer authorizes and directs Firm to designate an individual agent(s) to represent the Buyer and a different individual agent(s) to represent the seller. Firm will practice designated dual agency unless: (i) designated agency would not be permitted by law due to circumstances existing at the time of the transaction, or (it) Buyer authorizes Firm in writing to remain in dual agency only. m Exclusive Representation. Buyer desires exclusive representation at all times during this agreement and does NOT authorize dual agency. (f) Dual Agency Compensation. If the Firm acts as a dual agent (including designated agency), the total fee the Firm expects to receive for its services in representing Buyer and the seller shall be (Insert dollar amount, percentage of purchase price, or other method of determining Firm's compensation for each type gf property such as resale, new construction and/or land(lot the Buyer may purchase.). THIS WILL iN NO WAY AFFECT OR MODIFY THE AMOUNT OF THE FEE SET FORTH IN PARAGRAPH 4 ABOVE THAT FIRM EXPECTS TO RECEIVE FOR ITS SERVICES IN REPRESENTING BUYER UNDER THIS AGREEMENT. In the event Buyer is interested in purchasing a property where the Firm's total fee is different from that described in this subparagraph (f), the Firm shall timely disclose the fee to Buyer and confirm it in writing before Buyer makes or accepts an offer to buy or sell any such property. 15. TERMINATIONIBREACH/MEDiATIONI4'FTORNEYS' FEES. (a) Termination. Buyer acknowledges and understands that this Agreement constitutes a binding, exclusive contract between Buyer and Firm for the entire Term stated above. Buyer's withdrawal from the fiduciary relationship existing between Buyer and Firm prior to the Expiration Date of this Agreement, or Buyer's execution of a buyer agency agreement with another firm that becomes effective during the Term of this Agreement, would be a material breach of this Agreement unless it has been terminated in writing by mutual consent of Buyer and Firm or for legally -sufficient cause, and any subsequent purchase of real property of the type described in paragraph 1 during the Tent may entitle Firm to the Fee described in paragraph 4(b). (b) Breach. if Buyer is in material breach of this Agreement, Firm will be entitled to pursue all remedies available to Firm for such breach, including but not limited to recovery of the Fee described in paragraph 4(b). This provision is in addition to Firm's right to the Fee if Buyer breaches an enforceable contract to acquire property after the Fee has been earned in accordance with paragraph 4(c). If Firm is in material breach of this Agreement, Buyer will be entitled to pursue all remedies available to Buyer for such breach. (c) Mediation. If a dispute arises out of or related to this Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. If the need for mediation arises, the parties will choose a mutually acceptable mediator and will share the cost of mediation equally. (d) Attorneys' Fees. If legal proceedings are brought by Firm or Buyer against the other, the parties agree that a party shall be entitled to recover reasonable attorneys' fees to the extent permitted under N.C. Gen. Stat. § 6-21.2. 16. ENTIRE AGREEMENT; EFFECTIVE DATE; CHANGES. This Agreement constitutes the entire agreement between Buyer and Firm relating to the subject thereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement. This Agreement will become binding on the "Effective Date," the date the last one of Buyer and Firm signs this Agreement and such signing is communicated to the other patty. This Agreement may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. No change of any of the terms of this Agreement shall be valid, binding upon the parties, or entitled to enforcement unless such change has first been reduced to writing, and agreed to and signed by both Buyer and Firm. NOTE: Buyer should consult with Firm before visiting any resale or new homes or contacting any other real estate firm representing '.. sellers, to avoid the possibility of confusion over the brokerage relationship and misunderstandings about liability for compensation. Page 5 of 7 STANDARD FORM 201 Buyer x. C Revised7l2023 y Individual agent initials 0 7/2023 17. SURVEILLANCE: Buyer is advised to be mindful of the fact that there could be video/audio/surveillance device(s) located on any property examined by Buyer and that Buyer or Buyer's representatives may be under surveillance during any such examination. Federal and State laws prohibit the interception of an oral communication through the use of any electronic, mechanical, or other device, whether or not recorded, without the consent of a party to that communication. However, video surveillance without consent is not illegal. 18 PHOTOGRAPHS AND VIDEO: Unless a property owner has notified the public that photography and video recording is prohibited, it is permissible to photograph or video the interior of private property since the owners permission to enter the property implies permission to do so. however, under no circumstances may Buyer take photographs or videos that intrude on a property owner's reasonable expectations of privacy. Buyer should only photograph or video things that are in "plain view". For example, taking a photo or video of the contents of a medicine cabinet or of financial records in a desk drawer would be impermissible. In addition, any permitted photography or video should be used only in a manner related directly to Buyer's examination and purchase of a property. TAKING IMPERMISSIBLE PHOTOGRAPHS OR VIDEOS OR USING THEM FOR AN IMPERMISSIBLE PURPOSE COULD SUBJECT BUYER TO CIVIL LIABILITY. Buyer acknowledges and understands that neither Firm not its agents havb control over information about any property Buyer may purchase that has been placed on die Internet in connection with the marketing of any such property for sale, whether by or through a listing service or otherwise, including but not limited to photographs, and that any such information will not be removed following Buyer's purchase of any such property. 19. WIRE FRAUD WARNING: BEFORE SENDING ANY WIRE, BUYER SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF BUYER RECEIVES WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. BUYER SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT THE CONTACT IS LEGITIMATE, BUYER SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL. FROM THE CLOSING ATTORNEY'S OFFICE, BUYER'S REAL ESTATE AGENT OR ANYONE ELSE. Buyer acknowledges and understands that there are risks associated with wire transfers that are not within the reasonable control of Firm, and Buyer hereby agrees to release and discharge Firm and Firm's agents from any and all claims, demands, rights and causes of action of whatsoever kind and nature not caused by gross negligence of Firm or Firm's agents arising directly or indirectly out of any wire transfer Buyer sends or receives/was to receive in connection with any real estate transaction in which Firm represents buyer. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 6 of 7 STANDARD FORM 201 Revised 712023 Buyer initiale - Individual agent initials 0712023 NOTE: The North Carolina Real Estate Commission publishes a series of Q&A brochures that address common questions on a variety of topics relating to real estate transactions, including offer and acceptance, earnest money deposits, home inspections, and real estate closings . They are available free of charge on the Commission's website at www.ncrec.gov. Buyer and Firm each hereby acknowledge receipt of a signed copy of this Agreement. THE NORTH CAROLINA ASSOCIATION OF REALTORS$, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY-SPEQWffijRANSACTION. Buyer: LEA G. POTTS Jan 19, 2024 Print Name 'Signature Date Contact Information: __ - Home 571201 6932 lea.gabrielle.usa@gmali.com ome Work Cell Email Mailing Address: 45 Hayward St. #2405 Cambridge, MA, 02142 Buyer Print Name Signature Date Contact Information: _ _ Home Work Cell Email Mailing Address: Entity Buyer: (Name of LLCCorporation/Partnership/Trust/ete.I Name: Contact Information Home Mailing Address: Finn: _ _ Midgett Rea Print Real Estate Firm Office Address: By: -- Date: Title: Wotk Cell i Email ow C0569 Firm Phone: 252.986.6379 Firm License Number NC 27943 90206 Individual License Number Date Agent Phoue: 252-305-6323 Fax: 252-986-2745 Email: danj@mf!ygettrealty.com Page 7 of 7 STANDARD FORM 201 Revised 712023 C 712023 AlA Al, l_ Xa d+ i. � F F i G,.