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HomeMy WebLinkAbout98-22 DJM-NC LLC Permittee AdditionROY COOPER Governor ELIZABETH S. BISER Secretary TANCRED MILLER Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Cameron Luck Assistant Major Permits Coordinator, Wilmington FROM/THRU: Tara MacPherson DICK District Manager, Wilmington 011� DATE: July 23, 2024 SUBJECT: Permittee Addition State Permit No. 98-22 Add New Permittee: DJM-NC, LLC 1970 Deep Creek Run — New Hanover County (DWR Project No. 2022-0410) Ms. Debbie Wilsom, Agent for DJM-NC, LLC) is requesting the addition of Jamie Tatum, who is under contract to purchase LOT 2 Deep Creek Run, to State Permit No. 98-22. The permit was originally issued to the DJM- NC, LLC on September 21, 2022 for construction of a docking facility serving Lots 1-3 Deep Creek Run. State Permit No. 98-22 is due to expire on September 27, 2027..According to the attached Offer to Purchase and Contract the property is currently owned by DJM-NC, LLC. This Office has no objection to the modification of Permittee for State Permit No. 98-22. The applicant has submitted check No. 1118 for a total payment of $100 for this request. Enclosures cc: WiRO files USACE Mike Meilinger, DWR ow.rnaum...mu o,+mi\ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Debbie Wilson P. O. Box 16275 Wilmington, NC 28408 debbiew75@charter.net (910) 612-0402 July 23, 2024 NC Division of Coastal Management c/o Kelsey Beachman, Field Representative 127 Cardinal Drive, Ext. Wilmington, NC 28405 Dear Kelsey; As acting agent for Dan Smith (DJM-NC, LLQ who owns 1970 Deep Creek, Wilmington, N. C 28411 we are requesting that an additional name be added to his existing Major Permit #98-22 which was issued on September 21, 2022, and is due to expire on September 21, 2027. We would like to add Jamie Tatum whose current mailing address is 1213 Anchors Bend Way, Wilmington, NC 28411 to the permit and a copy of his signed contract to purchase Lot 2 and check #1118 in the amount of $100 are attached. There are no other changes being proposed to the existing permit. Please let me know if you have any questions or need any additional information. Sincerely, T�e66� rv�.rl Debbie Wilson, Agent Enclosures RECEIVED JUL 2 3 2024 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: I f�'1 - NC L-L Mailing Address: 63S S) r -T P ( dJ( P Z.) boi 110 )Y7 C tyl 0 ? 84 OS Phone Number: q1U-a0U- 3y5c-( Email Address: man D5y\�2 �) C-c-o-7 t m6uxr (-, I certify that I have authorized Debbie Wilson, Agent Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: *') act; L-i (', GCk S at my property located at IQ1,5b r IC170 -J�P c C,wvk Vo n (w i01 NC_ 2�41 1 in N � itG11'1(li-P�ounty. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Vk 5 A Signature -))c�.n U 1 C Srn T-Vk Print or Type Name Title 5 /,2+_ Date RECEIVED This certification is valid through / / JUL 2 3 2024 DCM WILMINGTON, NC Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to DJM-NC, LLC, 1838 Sir Tyler Drive, Suite 210, Wilmington, NC 28405 Permit Number 98-22 Authorizing development in New Hanover County at adi. to AIW W, at 1970 Deep Creek Run (Lots 1, 2, 3) in Wilmington, as requested in the permittee's application did "revised 7/14/22" (MP-1, MP-4), and 7/21/21 (MP-3), incl. wk pin dwgs (5) Sheet I did 7/19/21, Sheet 2 did 1/18/21, Sheet 3 did 7/12/21, Sheet 4 did 1/21/22, & Sheet 5 did "revised 7114/22". This permit, issued on September 21, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation yr inese terms may oe suoiect to Imes, imprisonment or civtr action; or may cause me permit to oe nun ana volu. Docking Facility 1) This permit authorizes only the docks, piers, gazebos, boatlifts, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in.or over Public Trust waters without permit modification. 2) This permit authorizes a maximum of 6 formalized boat slips. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on September 21, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. _ F For Braxton C. Davis, Director Division of Coastal Management ED This permit and its conditio s E hereby accepted. JUL 2 3 2024 DCM WILMINGTON, NC Signature of Permittee DJM-NC, LLC ADDITIONAL CONDITIONS Permit No. 98-22 Page 3 of 3 14) The limits of disturbance associated with the construction of the authorized retaining wall shall be limited to the area necessary to set the tiebacks and for the purposes of backfilling, all as depicted on the attached workplans. Excessive grading or land disturbance may require Erosion and Sedimentation Control Plan authorization. Unless specifically altered herein, any grading or land disturbance activity located outside this area may require a modification of this permit. 15) No backfill or excavated material shall be placed within 30 feet of the normal high-water line. Sedimentation and Erosion Control 16) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 17) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 18) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 19) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. 20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5023 and assigned the project DWR Project No. 2022-0410. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED JUL 2 3 2024 NC FINAL D[?S9GN - ISSUED 14OR (:C NS'11ZUC-' 'i()Nf I1SITE PLAN 8TAiUe jbF 4R?✓aNgilsgeka)J6G T17:1:'V ('D1.'2: L'n11At OFFER TO PURCHASE AND CONTRACT - VACANT. LOWLAND (Consult "Guidelines" (Form 12G). for guidance in completing this form►. NOTE: If seller is selling less than the entire parcel of land owned, them crompliancewith 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 I6OD-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 CONSTRIICIION: If Seller is Buyer's builder or has engaged a builder and the sale involves the construction of a new single-family dwelling priorto closing, use the standard Offer to Purchase and Contract —New Construction (Form 8WT) or, ifthe construction is completed, me the Offerto Purchase and Contract (Form 2-1) 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 terns (together the "Contract"). 1. TERMS AND DEFINITIONS: The terns listed below shall have the respective meaning given them as set forth adjacetnt to each term. (a) "Seller": DIM -NC. LLC- a North Carolina limited liability domtranv (b)'Buyer": Jamie Tatum T- (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. The Property ❑ will ® will not include a manufactured (mobile) home(s). (lfa manufactured home(s) is included, Buyer and Seller should include the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2AI t-T) with this offer.) Street Address: Lot 2 of the attached elat City: Wilminemn County: Nmv llarover_ iNOTE: Governmental authority over Hues, zoning, school districts, utilities and mail delivery may differ from address shown Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 2, Block/Section , Subdivision/Coudommium as shown on Plat BooldSlide at Pages) The FIN/P)D or other identification number of the Property is: part of Ro45o0 o04.007-0W Other description: Some or all of the Property may be described in Deed Book 63_� __ err page ! 166 ___ _. (d) "Purchase Price": Paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date by ❑ cash ❑ personal check ❑ official bank check ❑ wire transfer ❑ electronic transfer (specif}• pa)mcewt service. ) BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by ❑ cash ❑ personal check ❑ official k ❑ wire transfer, ❑ electronic transfer within five (5) days of thRff@r==s Contract Page 1 of 13 This corm jointly approved by: North Carolina Bar Association's Real Property Section North Carolina AS ' iation of REALTORS®, Inc. a r rroao Buyer ini Seller initials jo— JUL 2 3 2024 "V"&d4,19N, NC Revised 7/2021 ® 7/2022 o�� BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph t(f) no later than 5 pm. on TIME BEING OF 777E ESSENCE by 0 cash 13 official bank check ❑ wire transfer ❑ electronic transfer BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing lonn(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 2A5-1). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with theproceeds ofa new loan) NOTE_ If the parties agree that Buyer will pay any fee or deposit described above by electronic or wire trzrufer, Seiler agrees to cooperate in effeetiug sack transfer, including the establishment of any necessary account and providing any necessary information to Buyer; provided, however, Buyer shall be respoosible for additional ousts, if any, associated with such transfer. Should Bayer 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 dishonnted, for any reason, by the institution upon which the payment is drawn, Buyer shalt have One (1) banking day after written notice to deliver cash, ofiieW bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required fiords, Seller shall have the right to terminate this Contract upon written notice to Boyer; and Seller shall be entitled to recover the Due Diligence Fee together with all Earnest Matey Deposit paid or to he paid in the fuutte.In addition, Seller may be entitled to recover nasonable attorney fens and court coals See paragraph 20 fora party'sright to attorneys' fees incurred in collecting the Eamest Money Deposit or Due Diligence Fee. (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 "Famest Money Deposit", shall be deposited ptomytly and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event. (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest NJoneyDeposit shall berefunded toBuyer. See pamgmph20 for a party's right to the Earnest Money Depogit, and aturalleys' fees incurred in collecting the Earnest Money Deposit, in the event of breach of this Contract by the other party. (f) "Escrow Agent"(insert name): _ Lee Kaess, PLLC Buyer and Seller consent to disclosure by the Escrow Agent orany material facts pertaining to the Earnest Money Deposit to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held- in escrow, a licensed real estate broker (`Broker") is required by state law (and Escrow Agent, ifna t a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's tt A 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. Altematively, if a Broker or an attorney licensed to practice law in North Caroliina ("Attomey") is holding the Earnest Money Deposit, the Broker orAdomey may deposit the disputed monies with the appropriate clerk of court in.accorderce with the provisions ofN.C.G.S. §93A 12. ono rnrcrrcO AAntre MA.t A rtl;At. BSTATE 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 CONSiDE,RATLON OF THE WENSF,S INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) Effective Date . The date that (1) the last one ofBuycr and Seller has signed or initialed this offer or the furl coanterofTer, 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 litres at the bottom ofeach 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 shalt not be a condition of the effectiveness of this Agreement (h) "Due Diligence". Buyer's opportunity to investigate the Property and the nanstedi a contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyers cote discretion, will proceed with or terminate the transaction. (i) "Doe DOfgence 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. Rabat! be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be eon- refundable except in the event of a material breach of this Page 2 of 13 STANOABD VORWUk T BuyerimtiaLa SeEerinitials, Pirdsed7/2022. 074M Contract by Seiler, or if this Conti -act is terminated under Paragraph 20(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 aparty's right to attorneys' fees incurred in collecting the Due Diligence Fee. 6) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on July 5, 2024 ME BEING OP 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 funds necessary to complete such transaction (I) "Settlement Date": The parties agree that Settlement will take place on Auaust I.2024 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. NI IE: See paragraph 10, DELAY iN SETI'LEMEN ICLOSING 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 from Seller to Buyer, which includes the following steps: (1) the Settlement.(defined. above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) urn closing atorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the dced(s) and dced(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 sliall 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 SeticmenUClosinp). WARNING: The North Carolina State Bar has determined that the performance of must acts and services inquired for a closing constitutes the practice of law and must be. performed only by an attorney licensed to practice law in North Canalina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORSO that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n)"Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property. NOTE: Buyer's and Sellers respective responsibilities for the payment of Speciul Assessments are addressed in paragraphs 4(a) and 6(k). 2. BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD, If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seiler. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION_ Although Buyer may continue to investigate the Property. following the expiration of the Due Diligence Period, Buyers 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 lbr any other reason permitted tinder the torms of this Contract or North Carolina law. I-1 a.vao: Myer, at Zuyer'a expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: 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 signing this offer to assure that the Due Diligence Period allows sufficient time for the loan process and for Buyer's leader to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. .a Page 3 of 13 STANDARD FORM 12-T Buyer initials Seller initials& Revised 712022 �� 7IM72 (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections or die Property as Buyer deems appropriate, including but NOT limited to die following: (i) Sell And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water. Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rides 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 die Buyer determine if the owners' association or its management company charges ices 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 or current or proposed zoning or other governmental regulation that may affect Buyer's intended use or 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 tbn 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 strect/road used to access the Property, including: (1) whether any street(s)lroad(s) are public or private, (2) whether any street(s)/road(s) designated as public tic 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 finding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute') requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute, consult a NC real estate attorney. (xp,peciat Assessments: Investigation of tire existence of Special Assessments that may be under consideration by a governmental authority or an owners' association. (c) SalelLease of Existing Property: As noted in paragraph 3(b), this Contract is not conditioned upon the sale/lease or closing of other property owned by Buyer. Therefore, if Buyer must sell or lease other real property in order to qualify for a new loan or to otherwise complete the purchase of the. Property,. Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be rensonably 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 Buyers 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. (c) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claim& snits 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. % r Page 4 of 13 j S7'ANPARD FORM 72-T Buyer initials Seller initials Revised 7/2022 0 7/2022 (f) 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), 77ME 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 OT IERWLSE MADE IN WRITING.. 3. BUYER REPRESENTATIONS: (a) Funds to complete purchase: ® (Check ifapplicable) 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 Settlement is ❑ is not Ri ntinrhm NOTE: If Buyer does not intend to obtain anew loan(s) and/or finds 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 Buyers own assets. emu. 0 (Check ifapplicable) Loan(s)/Other Funds: Buyer intends to obtain a loan(s) and/or outer funds to purchase the Property from the following sources (check all oppticahle soi rest' LI First Mortgage Loan: Buyer intends to obtain a first mortgage loan of the following type in order to purchase the Property: 0 Conventional 0 USDA ❑ Other type: intheprincipalamount of"----'- ❑ Second Mortgage Loan: Buyer intends to obtain a second mortgage loan of the following type in order to purchase the Property: 0 Other funds: Buyer intends to obtain funds from the following other source(s) in order to purchase the Property: NOTE., Buyer's obligations tinder 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 terns of the contract are material facts that must be disclosed (b) Other Property: Buyer 0 DOES ® DOES NOT have to sell or lease other teal mmnerty in Am, m ,,,ca, r,.... ---, n....- — ro complete the purchase. (Complete 111e_ following only ifBtTer DOES have to sell or lease otter real property: ) Other Property Address: 17 (Check ifapplicable) Buyers 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. (Bayer nray mark out any conrrdendol infornation, such as thepurchare price and lire buyer's identity, prior toproviding a copy ojrlrc contract to seller.) Fail me 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 CONTRA.CI ON BINFR'S PKOPFR:j-y PRIOR. TO A(;CEPTiNG THIS OFFEF_ 0 (Check ifapplicable) Buyer's other property 1S NOT under contract as ofthe date of this offer. Buyer's property (check only ONE ofthe faffelping options): ❑ is listed with and actively marketed by a licensed real estate broker. LI will be listed with and actively marketed by a licensed real estate broker. ❑ 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 saleAease or closing of Buyers other property, an appropriate contingency addendum should be drafted by a North Carolina real estate attorney and added to this Contract. +' Page 5 of 13 / STANDABD FORK[ 12-T Buyer• initials Seller initials Revised 712022 ' li 7/2022 (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 doed; 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 read estate agent(s) and Buyer's lender(s). 5. SELLER REPRESENTATIONS: (a) Owners)dp: Seller represents that Seller. ® has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ® subjects Q does not suhjct:t Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions andrestrictions 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 Famt 2Al2-1) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (c) Sewage System Permit: (Q Applicable ® Not Applicable) Seiler 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: (O Applicable ® Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (if well installed after July 1, 2008, attach Improvement Permit hereto. 6. SELLER OBLIGATIONS: (a) Evidence of Title, Payoff Statement(s) and Non Foreign Status: (i) Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information m possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent. with express authority to request and obtain on Seller's behalf payoff statements and/or short -pay statements from any such lender(s). (iii) If Scher is not a foreign person as defined by the Foreign investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign investment in Real Property Tax Act). in the event Seller shall not provide a non -Foreign sums affidavit, Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. Page 6 of 13 STANDARD FORM 12-T Buyer initials - / Seiler initials Q Revised 7/2022 c . ©7/2022 (b) Anthorlautdon to Disclose Information Seller authorizes: (1) any attomey presently orpteviously representing Seller to release and disclose any title insurance policy in such attorneys file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title iruurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurers agents) file to Buyer and both Buyers and Sellers 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 tb 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 orpossession by Buyer, including, burnt limited to, allowing the Buyer and/or Buyer's agents orrepresentatives an opportunity to (i) conductDue Diligence, (") verify the satisfactory corrgth:tkM 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- wintoWng. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the Cotmty toperform tests, inspections and/or evaluations to determine the suitability ofthe Property fora sewage system and/or private drinking water well. NOTE: See WARNING in paragraph 2 above for limitation on Buyer's light to terminate this Contract as a result of Buyer's continued investigation ofthe Progeny fallowing the expiration of the Due Diligence Period (d) Removal of Seller's Property: Sellersbail 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) AtHdavit 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 perforated or fitmrshed 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-9 verifying that each such person or entity has been paid in fidl and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from say cause or claim arising therefrom (t) Designation of Lien Agent, Payment and Satisfaction of Liens: Ifrequired byN.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall dcliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the property, except ad valorem taxes for the currentyear (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as nay be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyer's f tilurre to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does not relieve the Seiler of their obligation to deliver good title under this paragraph NOTE: if nny sale of the Property 'nay be a "short sale;' consideration should be given to attaching a Short Sale Addendum (Standard Form ZA14-D as an addendum to this Cmuract. (b) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's Obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: Jamie Tatum (i) Agreement to Pay Buyer Expenses: Scller shalt pay at Settlement $0 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 leader and inspection costs that Buyer is n otpermitted to pay. Page 7 of 13 STANDARD 1F0%'t U-T Buyer initials Seller initials Revised 7/2022 P 7i2022 0) 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. (k) Payment of Special Assessments: Seller shall pay, in full at Settlement, all Special Assessments that are approved prior to Settlement, whether payable in a hmhp sum or future installments, provided that the amount thereof can be reasonably determined or estimated The payment of such estimated amount shalt be the final payment between the Parties. (1) Late Listing Penalties: All property tax late listing pcnaltics, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-7f): if applicable, Sellershall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to Buyer on or hcfore the.F.ffectiveDate. (n) Seller's Breach of Contract: See paragraph 21 for Buyer's remedies in the event of breach of this Contract. 7. CHARGES BY OWNERS' ASSOCLATION: 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 Seiler as follows: (a) Seller shall pay: (i) fees incurred by Seller in completing resale or other certificates related to aproposed 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. Stat. § 47F-3-102 that is charged in connection with pproviding 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 Ilse of the common elements and/or services provided to Buyer in connection with Buyer taking possession of the Property, such as "move -in ices-; and (iii) determining restrictive covenant compliance. 8. PRORATTONS 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 calendaryear basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 9. CONDITION OF PROPERTYAUSK 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 wrinen notice delivered to Seller and the Due Diligence Fee and Earnest Money Deposit shall be refunded to Buyer. If the Property is not i t such condition end Buyer does NOT elect to terminate tits Contract, Buyer shall b . 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 dad. 10. DELAY IN SETTLE6iENT/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 Party fails to complete Settemeut 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 Patty shall be in breach and the Non -Delaying Party may terminate this Contract and shall be entitled to cnibn;e any remedies available to such party under this Cootract for the breach. Page 8 of 13 i Buyer initials G=Sellcr initial 'r fr'- f STANDARD FORM 12-T Revised 7/2022 0 7=2 11. POSSESSION: Unless otherwise provided hereun, 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 1(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered 12. ADDENDA: CHECK ALL STANDARD A DDFNDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. ❑ Additional Provisions Addendum (Form 2A I1-T) 13 Additional Signatures Addendum (Forth 3-T) Q Back -Up Contract Addendum (Form 2AI-T) ❑ Loan Assumption Addendum (Foam 2A6-T) ❑ Owners' Association Disclosure Addendum (Form 2Al2-1) Q Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A 14-T) ® Identify otheratiomey or party drafted addenda: Additional Provisions Addendum to OfFer to Purchase and Contract 'TOTE: 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 nnt- defetredexchange, 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 Seiler agree to cooperate in effecting such exchange; provided, however, that the exchanging patty shall be responsible for all additional casts associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non-exchmnging 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 tine 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 fully observed, kept or performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOe or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 18. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication may be 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 patty'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 receivingporty's system, to any electronic address provided for such patty 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 information thecin shall not constitute a rejection of an offer or the creation of a cowtteruffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instr unmi. 20. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the tent "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 Lobe 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. /���.:. - Patti Buyer Wti� Seller minaW ,b STANDARD FORM 12-T Revised 7/2022 ® W2022 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 Sclicr (without regard to their respective amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights wider Paragraphs 2(d) and 2(e) for dame to the Property. It is acknowledged by the parties that the amount of the Liquidated Damages is compensatory and notpunitive, such amount being a reasonable estimation of the actual loss that SellerwouId 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 Sellers anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. (b) Breach by Seller: In the event ofmaterial 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'71, or (ii) elect not to terminate and instead treat this Contract as remaining in firll 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. § 6-212. 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. Stat § 6-212. NOTE: A party seeking recovery of attorneys' fees under N.C. Gen. Stat. § 6-212 must first give written notice to the other party that they have five (5) days from the mailing of the nonce to pay the outstanding asnount(�. s —) without the aitomeys' fees.` Buyer 171HS SPACE INTENTIONALLY LEFT BLANK) Page 10 of 13 _ Seller initial_ STANDARD FORM 17.T Revised 7/2022 7/2022 THE NORTH CAROLINA ASSOCIATION OF REALTORS' , INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OP 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 olier from becoming a binding contract. provided that any such failure shall give Seller certain rights to terminate the contract as described h=in or as othewise permitted by law. Date: t.i _ Date: Buyer__ Seller Date: Date: Entity Buyer. `(Name of LLGCorporation/PartnershipfrrusUeteJ By: Name: Print Namc Seller: Entity Seller: DJM-oftr!"7 p/Tnrst/etcBy: _. Name: Daniel E. Smith Print Name Title: Manager ^— Date: __ q 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 ADIFFERENT 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 OP THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE. INSTRUCTIONS_ THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE. CLOSING ATTORNEY'S OFFICE AT A. NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULDNOT RELY ON A PRUNE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page I I at 13 STANDARD FORM I2-T Revived 7/2022 0 7/11122 NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR TILE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY W HICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: MWingAddress: id13_ y�i brncy _ Buyer Fax #: Buyer SELLER NOTICE ADDRESS: Mailing Address: 1838 Sir Tyler Drive. Su to 21U. Wilmington. NC 28405 Seller Fax #: Seller E-mail: _dan@sbp2.com CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name: _ Acting as 0 Buyer's Agcnt 0 Seller's (sub)Agent 0 Dual Agent Firm Licensed: Mailing Address: Individual Selling Agent_ ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent Licensees: Selling Agent Phones: Selling Agent Fax#: Selling Agent E-mail: Buyer initials Listing Firm Name: Acting as 0 Seller's Agent 0 [heal Agent Film Mailing Address: Individual Listing Agent: ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent Licensed: Listing Agent Phoned: Listing Agent Listing Agent Page 12nno 13 Seller initials 'J STANDARD FORM 12-T Revised 7/2022 Q 7/2022 ACKNOWLEDGMENT OF RECEIPT OF MONIES Property Address: --- _( Property ) O 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. By: (Signature) _ _ — -- (Print name) O SELLER ACKNOWLEDGMENT OF RECPT OF DUE DILIGENCE FEE v EI Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Seller hereby acknowledges. Date: Seller. (Signature) Seller: (Signature) O ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides far the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of$ Escrow Agent as identified is Paragraph l(f) tf doe Offerto Purchase and Contract hereby acknowledges receipt ofthe Initini Fastest Money Deposit and agrees to hold and disburse he samein accordance with the terms of the Offer to Purchase and Contract. Firm: By: (Signature) (Print name) O ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent ofan (Additional) Earnest Money Deposit in the amount of$ . Escrow Agent as identified in Paragraph I 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 ofihe Offer to purchase and Cnntracr Firm: Time: ❑ AM O PM By: (Signature) (Print name) Page 13 of 13 STANDARD FORM 12-T Revised 71ZQ22 ® 7)2022 v•n: ADDITIONAL PROVISIONS ADDENDUM TO OFFER TO PURCHASE AND CONTRACT This ADDITIONAL PROVISIONS ADDENDUM TO OFFER TO PURCHASE AND CONTRACT (this "Addendum") is made and entered into as of this day of 2024, by and between DJM NC_ LLC (the "Seller"), and Jamie Tatum (the "Buyer'), Seller and Buyer may hereinafter be referred to collectively as the "Parties" and individually as a "Party." IN THE EVENT ANY PROVISION OF THIS ADDENDUM CONFLICTS IN WHOLE OR IN PART WITH THE TERMS OF THE REAL ESTATE CONTRACT OT WHICH IT IS ATTACHED (THE "REAL ESTATE CONTRACT"), OR ANY OTHER ADDENDA TO THE REAL ESTATE CONTRACT, THE PROVLHONS OF THIS ADDENDUM WILL CONTROL UNLESS IN CONFLICT WITH APPLICABLE LAWS, The Offer to Purchase and Contract and this Addendum shall be referred to collectively as the "Contra r" 1. Subdivision Plat. In accordance with NCGS 160D-807, Buyer acknowledges and agrees that, at the time of execution of this Contract, the dimeosion and location of the Property, as shown on preliminary, plat. attached heretoas Schedule I (the, "Preliminary Plat" ): (a) has not yet received final approval under the applicable subdivision ordinance; (b) a final pig has not yet been recorded with the register of deeds; (c) that no governmental body will incur any obligation to Buyer with respect to the approval of the final subdivision plat; and (d) that changes between the Preliminary Plat and fiinalplat arepossible.Buyer further acknowledges and agrees that: (a) this Contract maybe terminated without breach by the Buyer if the final recorded plat differs in any material respect from the Preliminary Plat; (b) if the approved and recorded final plat does not differ in any material respect from the Preliminary Plat, the Buyer may not be required by the Seller to close any earlier than five days after the delivery of a copy of the final recorded plat; and (c) if the approved and recorded final plat differs in any material respect from the Preliminary Plat, the Buyer may not be required by the Seller to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the Buyer may terminate the Contract without breach or any further obligation and may receive a refund of all Earnest Money paid under the Contract.. Buyer hither acknowledges and agrees the final plat for Property may include minor adjustments in the boundary lines of the Property to the extent necessary for approval and recording of the final plat and Bayer a9m the following changes shall not be deemed to be material changes: (a) a reduction in the total area ofaay Property by not more than 10% or (b) perimeter drainage or utility easement areas. Ifitbewmes necessary to renumber the lot number assigned to the Property on the final plat as a result of such adjustments, the Property as identified Preliminary Plat shall be deemed renumbered tontatchthe lot shown on the final plat which has substantially the same boundaries as the Property identified above. 2. Heed Resfrlctions: Buyer acknowledges that the Property will be made subject to a Declaration of Reciprocal Easements, Restrictions and Covenants (the "Declaration') to be filed by Seller prior to Closing and that the nature and extent of the rights and obligations of Buyer in acquiring and owning the Property will be controlled by and subject to the Declaration, including, but not limited the following provisions: (i) an access easement within the areas noted on the Preliminary PIat, as the same may be modified on the final plat, for the benefit of Buyer, Seller and future owners of adjacent lands which shall provide for, among other things; the future construction by Seller of the access road; and (ii) a utility easement within the areas noted on the Preliminary Plat, as the same may be modified on the final plat, for the benefit of Buyer, Seller and future owners of adjacent lands which may provide for the installation, maintenance, repair and replacement of sewer/septic lines, drainage facilities, telephone or electrical conduits or systems, cable, gas mains and other utility facilities, among other things and the future installation by Seller or third parties of such utilities for the benefit of Buyer, Seller and future owners of adjacent property. At least 5 days prior to Closing, Seller shall deliver or cause to be delivered to the Buyer a copy of such recorded Declaration. Buyer agrees and understands that the Declaration will establish a Property Owner's Association (the "Association") to assess and collect dues in order to provide for the maintenance, repair and replacement of the access road and other common areas of the subdivision. Because the Association is not yet formed, the Standard Form 2Al2-T is not being provided with this Contract but the pertinent information will be contained in the Declarations. The Declaration will also provide that the Seller or the declarant under the Declaration may make changes to or amend the Declaration or any supplement thereto after recording without Buyers consent, provided such changes do not result in a material increase in Buyer's costs and expenses, or otherwise materially hinder the marketability of the Property for residential purposes. Such changes or amendments shall not give Buyer any right or cause for termination or revision of this Agreement, unless they result in a material increase in Buyer's costs and expenses, or otherwise materially hinder the marketability of the Property for residential purposes. 3. Seller Credit to Buyer. At Closing, Seller shall pay buyer $200,000 from proceeds of the sale for Buyer's post -closing dock construction and/or other improvements to the Property. 4. Seller's Settlement Date Extension Rights: Seller shall have the right to extend the Settlement Date for up to an additional ninety (90) days by providing written notice to the Buyer on or before the original Settlement Date (the "Extension Period"). This extension is granted to accommodate unforeseen circumstances that may arise in connection the Seller's obligations under this Contract, including but not limited to approval of the subdivision plat, completion of the Declarations and issuance of any permits required for Seller to convey the Property to Buyer. All other terms and conditions of this Contract shall remain is full force and effect during this Extension Period. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed as of the day and year first above written. SELLER: DJM-NC, LLC By: (SEAL) Dam E. Smith, Manager BUYER: ! By. �� / {SEAL) ! amie Tatum v