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HomeMy WebLinkAbout76556D - KahnICAMA / S,,DREDGE & FILL N9 76556 A B 'ENERAL PERMIT Previous permit# INevv :]Modification ❑Complete Reissue El Partial Reissue Date previous permit issued t - •ized by the State of North Carolina, Department of Environmental Quality //�� f / :oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC �C7 R es hed. t Name pH117 * �, aAv _Z M s i G / X,4 ZC State )9 2w /7S MA739"7-0O0 E_-Mail ed Agent N ❑ CW �OXW `® PTA --�L ES ❑ PTS ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: yes / no� PNA yes ' Project/ Activity !% / -k)length 1 ►tform(s) _ Platform(s) _ ngth nber IbRiprap length tl : distance offshore_ x distance offshore cannel )ic yards rip ulldozi e Length not sure yes ium: n/a yes yes Project Location: County Street Address/ State Road/ Lot #(s) Goon; Subdivi7'na� Zell, City y ZIP Phone # ( )"`!� River Basin t AA Adj. Wtr. Body �. nat Closest Maj. Wtr.'13odV /,O < (Scale: ' =6 kttached: yes 'r • ' ng permit may be required by: / �/T C— � "I�C ❑ See note on back regarding River Basin r SITE VICINITY SKETCH NOT TO SCALE NOW OR FORMERLY HART D.B. 4603, P. 1465 LOT 97 M.B. 10, P. 24 q PICKET m FENCE EIR NOW OR FORMERLY BRIDGERS D.B. 4013, P. 92 LOT 96 v ............................ ................ ....... .................. ................... .................... ..................... ........... ........... "........ RIPARIAN CANAi .'.'.' .. ............... ..'..'......'... ....... ... ..... ZONE ........ ................. .. ................ .....I............ .. 900 SQ FT AREA FLO T D.00K . .. . . ............... ............. ....... ................... ..'..18.+./=.. ro. eE .DREDGED ......... g..'..'.'.'.'.'.'.'.'.'... ... ....... 1............. Y /XTO I . \'. '.'.'..'... . f .. ��V� 1 ......... .pQCj< .. f............ BOAT .... ........ . q .. ...i............Q ... ...... .'.'.'... �6 Xt6'.rrXED .' �. �%DDZC.K.'eL.4 5 a ....... . I ............. '..... . .... . ; '.'.'.'.RgHFQRCED ;i.'.'.'.'.'. ELEVATED ..'.' . .... BULKHEAD 1e.a ........4.s Tn ( ) T i' CONC. N49'35 30"E 65.00' [ SIR LOT 95 o.eJ 00 TOTAL AREA: LOT 94'S 0 5 365.75 SQ. FT. wooD FENCE 0.12 ACRES U cn hAm) ci d OD 20.0' w N C0v. DECK N) o 16 2, n 00 0 al Fw w 21.8, m W ' `) z N o p�E'SrORY nl v w PARPALLY tq BEL lC��SED Z t 15.4' 16.2, 21.8, I o I COV DECK r; SIR S59'49'03 „V 65.24 NOTE BULKHEAD REINFORCEMENT 325 SERIES VINYL SHEETING PANELS USING 6'X6' WHALERS, 6'X6"Xi6' POSTS EVERY 6 FT ALONG SEAWALL WITH TIE BACKS AT EACH POST USING 5/8" TIE BACK RODS. NOW OR FORMERLY BOYD D.B. 4436, P. 126 LOT 94 M.B. 10, P. 24 FLOOD ZONE: "VE" (BFE: 13'+3') _ APPROXIMATE 2.8' FLOOD LINE Elp FLOOD ZONE: "VE" (RIFF: 14'+3') ADJACENT RIPARIAN PROPERTY OWNER STATEMENT i hereby certify that i own property adjacent to OAVID .9, /NiAAN property located at 2006 ekEAN BOulEV4RD of Property Owner) on 7OP5A/4 SOUND (Waterbody) (Address, Lot, Block, Road etc.) TOP SA/L i r-_44 N.C. (Cltyfrown andlor County) The applicant has described to me, as shown below, the development proposed at the above location. 1 have no objection to this proposal. 1 have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill In description below or attach a site drawing) Sk,e AnAe_ �4 IED DW 6. WAIVER SECTION I undorstand that a pier, dock, iociuritiq piiings, bieakwater, boat)iouse, lift, or groin njust be set back a minimum distance of 15' from my area of riparian access unless waived by me. (It you wish to waive the sathack; ynii rntist Init_Ipt the appropriate blank below•.) _ I do wish to waive the 15' setback requirement, I do not wish to waive the f 5' setback requirement, (Property Owner information) (Adjacent Property Owner Information) Vgnalm-e S'ig»atrrr e '�'� _DAVIV S, KAp N �02 /Vo��I E� SA Bo D ,T�7 Print or Type Name Print or Type Name 23 H1)/ST/G .LIV. / 20 S, WALNUT ST. Mailing Address Malling Address VD n-� FP _ PA 19�55 U^0,e A..111 1,111/ 7 LAn r k A I hereby certify that I own property adjacent toy VA V /D S, kAl o,Q�)VOMW's (Warns of Property Ownsry Pro located at '20.Oei [�AfiAJ i.1)u /r I/ A J%w (�ds,LbPSq /SDUND o OWA Roe ski in �5(Water6o p 11%ma-m-_- . N.C. nThe applicant has described to me, as SN)wn below, the devebprnent p at tie above tocatk 1 have no objection to this proposal. I have objections to this proposal, DESCRI AND/OR DRAVWNG OF PROPOSED DEVELOPMENT (tndividuat Plvosfrg developmW taunt }W! in deu berow or attioh a site d►aw'tprJ SAX A7TAe-AED DU,16, l understand that a pier, dock, moon W/UVER 8ECTt(3N n9 minimum distance of 15' fr�iirtes, breakwet�er, boathouse, Att, or groin must be W back om my area of riparian access unless waived by me. (It you wish to waiv the setback, you must tnitiat the appropriate blank glow.) I do wish to waive the 15 setback requirement. ____________ I do not wish to waive the i 5' setback requirement (Property Ow"nf n� ,S'iinntirn° �C'AHN iDR 1Vat�li�� Pint or Type Name Mailirng Address L".l) �.� Gd 17J1 /Awr_ Information} NOW OR FORMERLY HART D.B. 4603, P. 1465 LOT 97 M.B. 10, P. 24 L PICKET NOW OR FORMERLY BRIDGERS D.B. 4013, P. 92 LOT 96 M.B. 10, P. 24 , AND ��N RIPARIAN ZONE ypit ■ us�n 4rtkr un.' 3Z3 SffBEB NN`rL SHEETVtG PANELS J"G 8')M' 'M440 8'X8'Vly OSM EVERY 8 FT A.CF4 SEAWALL MTH N BACKS AT EAO. POST U?S*4 5/B' nE BACK ROCS. NOW OR FORMERLY BOYD D. 4436, P. 126 LOT 94 M(B. 10, P. 24 FLOOD ZONE 'VV (BFE: 13'+3') cI /FPR Xt � ATE S5g 49 p0`IN 2.8' UN 65.?4' EIP FLOOD ZONE: '\V (BFE: 14'+3') I\ Z Raw on Is IV SO LEGEND �w EXISTING STRUCTURES r=i oononcm eTot trn tore az ASPFu H �Q Eb_CE 2006 OCEAN BOULEVARD �EMN '1--- PROPOSED DECK, FLOATING DOCK, BOAT LIFT REINFORCED BULKHEAD AND DREDGING FOR n Envelope ID: A6407F7A-3981-4FF4-9289-46B27448C70A Sign Envelope ID: 4DB44CDB-EFD6-4702-A59D-D4FF2C802CA0 Landmark SotheE OFFER TO PURCHASE AND CONTRACT [Consult "Guidelines" (Form 2G) for guidance in completing this form] For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Sel; upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and a addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent each term. (a) "Seller": Yellow Gallagher House LLC (b) "Buyer": David S Kahn and/or nominee (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto includi the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2AI I-T) with this offer. Street Address: 2006 Ocean Boulevard City: Topsail Beach Zip: 28445 County: Pender , North Carolina NOTE: 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 95 , Block/Section , Subdivision/Condominium New Topsail Beach , as shown on Plat Book/Slide 10 at Page(s) 24 The PIN/PID or other identification number of the Property is: 4202-71-9021-0000 Other description: LT 95 PB 10/24,25 BLK49 2006 OCEAN BLVD Some or all of the Property may be described in Deed Book 4614 at Page 1885 (d) "Purchase S paid in U.S. Dollars upon the following terms: S BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. S BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agi named in Paragraph I (f) by ❑ cash © personal check ❑ official bank check ❑ w. transfer, ❑ electronic transfer, EITHER ❑ with this offer OR X❑ within five (5) days of I Effective Date of this Contract. $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escri Agent named in Paragraph l(f) by cash, official bank check, wire transfer or electroi transfer no later than 5 p.m. on TIME BEING OF THE ESSENCE. $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on i existing loan(s) secured by a deed of trust on the Property in accordance with the attacf Loan Assumption Addendum (Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendi (Standard Form 2A5-T). $ BY BUILDING DEPOSIT in accordance with the attached New Construction Addendi (Standard Form 2A3-T). S BALANCE of the Purchase Price in cash at Settlement (some or all of which may be p, 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 other fiords paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the navee. In the event Bir i Envelope ID: A6407F7A-3981-4FF4-9289-46B27448C70A Ngn Envelope ID: 4DB44CDB-EFD6-4702-A59D-D4FF2C802CA0 (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other carries monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall b4 deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract u otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buye for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller. The paymen of the Earnest Money Deposit to Seller and the retention of any Due Diligence Fee by Seller (without regard to their respective amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages') and as Seller's sole and exclusiv4 remedy for such breach, but without limiting Settees rights under Paragraphs 4(d) and 4(e) for damage to the Property. It c acknowledged by the parties that the amount of the Liquidated Damages is compensatory and not punitive, such amount being reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Buyer. The payment U Seller and/or retention by Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation fa Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If lega proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurredu connection with the proceeding. (0 "Escrow Agent" (insert name): Rizzo & Blackburn Trust Account NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain th Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from th parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker o an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attome: may deposit the disputed monies with the appropriate cleric of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THl EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNEI THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSE! 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 fina counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the cas may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidenc of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition c the effectiveness of this Agreement. (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract including but not necessarily limited to the matters described in Paragraph 4 below, to decide whether Buyer, in Buyer's sot 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 terminat the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effectiv Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a materia breach of this Contract by Seller, or if this Contract is terminated under Paragraph 8(n) or as otherwise provided in any addendur. hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to asses any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to th existence or amount of any Due Diligence Fee. (j) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. o June 27, 2020 TIME BEING OF THE ESSENCE. (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete th transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyanc documents, and the closing attorney's receipt of all funds necessary to complete such transaction. Envelope ID: A6407F7A-3981-4FF4-9289-46B27448C70A to Envelope ID:4DB44CDB-EFD6-d702-A59D-D4FF2CS02CA0 (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Bu] which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the clos attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorize( disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 12 (De in Settlement/Closing). W \ R \ I \ ( The North Carolina State Bar has determined that the performance of most acts and services required for a clos constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State: prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents r perform limited services in connection with a closing, they may not perform all the acts and services required to complet closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of North Carolina Bar Association and the North Carolina Association of REALTORSO that all buyers should hire an attor 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 recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessor, (dues), either of which may be alien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been appro prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lu sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 7(c), and Buyer's Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 6(a) and 8(k). 2. FIXTURES AND EXCLUSIONS. (a) Specified Items: Unless identified in subparagraph (d) below, the following items, including all related equipment and rein control devices, if any, are deemed fixtures and shall convey, included in the Purchase Price free of liens: Alarm and security systems (attached) for security, fire, smoke, carbon monoxide or other toxins with all related access codes, sensors, cameras, dedicated monitors, hard drives, video recorders, power supplies and cables; doorbells/chimes All stoves/ranges/ovens; built-in appliances; attached microwave oven; vent hood Antennas; satellite dishes and receivers Basketball goals and play equipment (permanently attached or in -ground) Ceiling and wall -attached fans; light fixtures (including existing bulbs) Fireplace insert; gas logs or starters; attached fireplace screens; wood or coal stoves Floor coverings (attached) Fuel tank(s) whether attached or buried and including any contents that have not been used, removed or resold to the fuel provider as of Settlement. NOTE: Seller's use, removal or resale of fuel in any fuel tank is subject to Seller's obligation under Paragraph 8(c) to provide working, • Generators that are permanently wired • Invisible fencing with power supply, controls and receivt • Landscape and outdoor trees and plants (except in moveable containers); raised garden; landscape and foundation lighting; outdoor sound systems; permanent irrigation systems and controls; rain barrels; landscape water features; address markers • Mailboxes; mounted package and newspaper receptacles • Mirrors attached to walls, ceilings, cabinets or doors; all bathroom wall mirrors • Storage shed; utility building • Swimming pool (excluding inflatable); spa; hot tub • Solar electric and solar water heating systems • Sump -pumps, radon fans and crawl space ventilators; de• humidifiers that are permanently wired • Surface -mounting brackets for television and speakers; recess -mounted speakers; mounted intercom system • Water supply equipment, including filters, conditioning softener systems; re -circulating pumps; well pumps and tanks n Envelope ID: A6407F7A-3981-4FF4-9289-46B27448C70A Sign Envelope ID: 4DB44CDB-EFD6-4702-A59D-D4FF2C802CAo b) Items Leased or Not Owned: Any item which is leased or not owned by Seller, such as fuel tanks, antennas, satellite dishes an( •eceivers, appliances, and alarm and security systems must be identified here and shall not convey: io exceptions ;c) Other Fixtures/Unspecified items: Unless identified in subparagraph (d) below, any other item legally considered a fixture i, ncluded in the Purchase Price free of liens. 'd) Other Items That Do Not Convey: The following items shall not convey (identify those items to be excluded unde, subparagraphs (a) and (c)): no exceptions Seller shall repair any damage caused by removal of any items excepted above. 3. PERSONAL PROPERTY: The following personal property shall be transferred to Buyer at no value at Closing: none 40'1 E:: Buyer is advised to consult with Buyer's lender to assure that the Personal Property items listed above can be included in thi :ontract. t. BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUI DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminat this Contract, PRIOR TO THE EXPIRATION OF THE DUE DILIGENCE PERIOD, unless Buyer can obtain a written extensio: from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate th Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior t the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on an matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a rigt to terminate if Seller fails to materially comply with any of Seller's obligations under Paragraph 8 of this Contract or for any othe reason permitted under the terms of this Contract or North Carolina law. (a) Loan: Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consu with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to b completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate th transaction. (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct a desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriav including but NOT limited to the following: (i) Inspections: Inspections to determine the condition of any improvements on the Property, the presence of unusu, drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presence c asbestos or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and th presence and level of radon gas on the Property. (ii) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rule and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property subject to regulation by an owners' association, it is recommended that Buyer review the completed Residential Property an Owners' Association Disclosure Statement provided by Seller prior to signing this offer. It is also recommended that th Buyer determine if the owners' association or its management company charges fees for providing information required b Buyer's lender or confirming restrictive covenant compliance. (iii) Insurance: Investigation of the availability and cost of insurance for the Property. (iv) Appraisals: An appraisal of the Property. (v) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easement arthorlre nrnnnrt- hnnnrl—ins ­i mhnr ice..x —h;A, — nr .. , n—t nn..et;t,.to ♦itlo sec to In Envelope ID: A6407F7A-39814FF4-928946B27448C70A Sign'Envelope ID: 4DB44CDB-EFD6-4702-A69D-D4FF2C802CA0 (vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase floor insurance in order to obtain the Loan. (viii) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including water, sewer, electric gas, communication services, storm water management, and means of access to the Property and amenities. (ix) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any othe street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether an street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private e not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms an funding of any maintenance agreements. (x) Fuel Tank: Inspections to determine the existence, type and ownership of any fuel tank located on the Property. NOTE: Buyer is advised to consult with the owner of any leased fuel tank regarding the terms under which Buyer may leas the tank and obtain fuel. (c) Sale/Lease of Existing Property: As noted in paragraph 5(b), unless otherwise provided in an addendum, this Contract i not conditioned upon the salellease or closing of other property owned by Buyer. Therefore, if Buyer must sell or lease other M property in order to qualify for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close o Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing on Buyer's otht property will take place prior to the Settlement Date of this Contract. (d) Repair/improvement Negotiations/Agreement: Buyer acknowledges and understands that unless the parties agre otherwise, THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION. Buyer and Seller acknowledge and understan that they may, but are not required to, engage in negotiations for repairs/improvements to the Property. Buyer is advised to mak any repair/improvement requests in sufficient time to allow repair/improvement negotiations to be concluded prior to th expiration of the Due Diligence Period. Any agreement that the parties may reach with respect to repairs/improvements shall b considered an obligation of the parties and is an addition to this Contract and as such, must be in writing and signed by the partie in accordance with Paragraph 19. NOTE: See Paragraph 8(c), Access to Property and Paragraph 8(m), Negotiated Repairs/Improvements. (e) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Propert resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damag caused by accepted practices either approved by the N.C. Home Inspector Licensure Board or applicable to any other N.( licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repa obligation shall survive any termination of this Contract. (f) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise of of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents an contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of tb Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and an termination hereof. (g) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by deliverin to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon writte 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. (h) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDPTIO] UNLESS PROVISION IS OTHERWISE MADE IN WRITING. BUYER REPRESENTATIONS: (a) Loan: Buyer ❑ does ❑X does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a ne, loan, Buyer intends to obtain a loan as follows: ❑ FHA ❑ VA (attach FHA/VA Financing Addendum) ❑ Convention ❑ Down Payment Assistance Program ❑ Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate i the principal amount of plus any financed VA Funding Fee or FHA MIP for a term of vrAr(.0 at an initial intowb.ct rate not to -"A o% „a l+t,a 1-7 ,..,.."\ gn Envelope ID: A6407F7A-3981-4FF4-9289-46B27448C70A Sign tnvelope ID: 4DB44CDB-EFD64702-A59D-D4FF2C802CA0 NOTE: If Buyer does not intend to obtain a new loan, Seller is advised, prior to signing this offer, to obtain documentation fror Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property: Buyer ❑ DOES Q DOES NOT have to sell or lease other real property in order to qualify for a new loa or to complete the purchase. (Complete the following only if Buyer DOES have to sell or lease other real property:) Other Property Address: ❑ (Check if applicable) Buyer's other property IS under contract as of the date of this offer, and a copy of the contract has eitht been previously provided to Seller or accompanies this offer. (Buyer may mark out any confidential information, such as th purchase price and the buyer's identity, prior to providing a copy of the contract to Seller.) Failure to provide a copy of th contract shall not prevent this offer from becoming a binding contract; however, SELLER IS STRONGLY ENCOURAGED TI 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 one 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. 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 mal this Contract conditioned on a sale/lease or closing of Buyer's other property, an appropriate contingency addendum should 1 drafted by a North Carolina real estate attorney and added to this Contract. (c) Performance of Buyer's Financial Obligations: To the best of Buyers knowledge, there are no other circumstances conditions existing as of the date of this offer that would prohibit Buyer from performing Buyers financial obligations accordance with this Contract, except as may be specifically set forth herein. (d) Residential Property and Owners' Association Property Disclosure Statement (check only one) ❑X Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to tl signing of this offer. ❑ Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement pri to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refui of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of d third calendar day following receipt of the Disclosure Statement; (2)the end of the third calendar day following the Effecti, Date; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ Exempt from N.C. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES): (c) Mineral and Oil and Gas Rights Mandatory Disclosure Statement (check only one): Q Buyer has received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to t signing of this offer. ❑ Buyer has NOT received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the thi calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the Effecti Date; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. 71 Exempt from N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement because (SEE GUIDELINES): Buyer's receipt of a Mineral and Oil and Gas Rights Mandatory Disclosure Statement does not modify or limit the obligations Seller under Paragraph 8(g) of this Contract and shall not constitute the assumption or approval by Buyer of any severance mineral and/or oil and gas rights, except as may be assumed or specifically approved by Buyer in writing. NOTE. The parties are advised to consult with a NC attorney prior to signing this Contract if severance of mineral and/or oil a gas rights has occurred or is intended. 6. BUYER OBLIGATIONS: n Enveiope ID: A6407F7A-3981-4FF4-9289-46B27448C70A lign tnvelope ID: 4DB44CDB-EF06.4702-A59D-D4FF2C802CA0 (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees"; (iii) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insunuice: (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any otha settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose any buyers closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties ti this transaction, their real estate agent(s) and Buyers lender(s). SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: X 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) Lead -Based Paint (check if applicable): ❑X The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosur Addendum (Standard Form 2A9-T)). (c) Assessments: To the best of Sellees knowledge there []are 0 are not any Proposed Special Assessments. If any Propose Special Assessments, identify: none, but if any, to be paid by the seller Seller warrants that there ❑ are X❑ are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identif} none, but if any, to be paid by the seller NOTE: Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed i paragraphs 6(a) and 8(k). (d) Owners' Association(s) and Dues: Seller authorizes and directs any owners' association, any management company of th owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buye Buyer's agents, representative, closing attorney or lender true and accurate copies of the following items affecting the Propertm including any amendments: • Sellers statement of account • master insurance policy showing the coverage provided and the deductible amount • Declaration and Restrictive Covenants • Rules and Regulations • Articles of Incorporation • By laws of the owners' association • current financial statement and budget of the owners' association • parking restrictions and information • architectural guidelines ❑ (specify name of association): assessments("dues") are S per of the owners' association or the association manager is: n/a whose regula The name, address and telephone number of the presider Owners' association website address, if any: n knecifv name of associationl- whose reirula n Envelope ID: A6407F7A-3981-4FF4-928946B27448C70A sign Envelope ID: 4DB44CDB-EFD6-4702-A59D-D4FF2C802CA0 SELLER OBLIGATIONS: (a) Evidence of Title, Payoff Statement(s) and Non Foreign Status: (i) Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short -pay statements from any such lender(s). (iii) if Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller tc release and disclose any title insurance policy in such attomey's file to Buyer and both Buyer's and Seller's agents and attorneys: (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer'f agent's) file to Buyer and both Buyer's and Sellers agents and attorneys and (3) the closing attorney to release and disclose an3 seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to thii 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 b3 Buyer, including, but not limited to, allowing Buyer and/or Buyer's agents or representatives, an opportunity to (i) conduct Dui Diligence, (ii)verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-througi inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost, including an3 connections and de -winterizing. NOTE: See WARNING in paragraph 4 above for limitation on Buyer's right to terminate this Contract as a result of Buyer'. continued investigation of the Property following the expiration of the Due Diligence Period. (d) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal propert; which is not a part of the purchase and all garbage and debris from the Property. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnificatiot agreement(s) in form satisfactory to Buyer and Buyers title insurer, if any, executed by Seller and any person or entity who ha performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date o 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 sue] person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all los 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-1 1.1, Seller shall hav, designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Liei Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must b paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Selle 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 recordabl form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanic: liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurst survey of the Property, except: ad valorem taxes for the current year(prorated through the date of Settlement); utility easement and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other lieni encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access t a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property, prior to the expiration of the Due Diligence Peno 1 Envelope ID: A6407F7A-39814FF4-9289-46827448C70A ;ign'Envelope ID: 4DB44CDB-EFD6-4702-A59D-D4FF2C802CA0 (h) Deed, Taxes and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller'; obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and loca conveyance fees required by law. The deed is to be made to: TBD (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement S n/s toward any of Buyer's expense; associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHA/VA lender an( inspection costs that Buyer is not permitted to pay. NOTE: Parties should review the FHA/VA Addendum prior to entering an amount in Paragraph 8(i). Certain FHA/VA lende and inspection costs CANNOT be paid by Buyer at Settlement and the amount of these should be included in the blank above. Q) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account paymen information on owners' association dues or assessments for payment or proration; (ii) any fees unposed by an owners' associatioi and/or a management company as agent of the owners' association in connection with the transaction contemplated by thi Contract other than those fees required to be paid by Buyer under paragraph 6(b) above; and (iii) fees incurred by Seller b completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined o estimated. The payment of such estimated amount shall be the final payment between the Parties. 0) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Negotiated Repairs/Improvements: Negotiated repairs/improvements shall be made in a good and workmanlike manne and Buyer shall have the right to verify same prior to Settlement. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under thi Paragraph 8 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure c breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse t, Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any othe remedies. If legal proceedings are brought by Buyer against Seller to recover the Earnest Money Deposit, the Due Diligence Fe and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in th proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connectio. with the proceeding. �. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated, with Selle responsible for the prorated amounts through the date of Settlement, and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real propert shall be prorated on a calendar year basis; (b) Taxes on Personal Property: Ad valorem taxes on personal property for the entire year shall be paid by Seller unless th personal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis; 10. (c) Rents: Rents, if any, for the Property; (d) Dues: Owners' association regular assessments (dues) and other like charges. HOME WARRANTY: Select one of the following: BNo home warranty is to be provided by Seller. Buyer may obtain a one-year home warranty at a cost not to exceed S Seller agrees to pay for it at Settlement. ❑ Seller has obtained and will provide a one-year home warranty from at a cost of $ which includes sales tax and will pay for it at Settlement. which includes sales tax an NOTE: Home warranties typically have limitations on and conditions to coverage. Refer specific questions to the home warrant i Envelope ID: A6407F7A-3981 4FF4-9289-46B27448C70A Sigil Envelope ID: 4DB44CDB-EFD6-4702-A59D-D4FF2C802CAo Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. If the Property i not in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted, Buyer ma; terminate this Contract by written notice delivered to Seller and the Earnest Money Deposit shall be refunded to Buyer. If the Propert is not in such condition and Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to th Property, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. 12. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modificatio thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in goo faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able t complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible t the Non -Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlemer and Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by th parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Nor Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract fc the breach. 13. POSSESSION: Possession, including all means of access to the Property (keys, codes including security codes, garage doe openers, electronic devices, etc.), shall be delivered upon Closing as defined in Paragraph 1(m) unless otherwise provided below: A Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-T) A Seller Possession After Closing Agreement is attached (Standard Form 2A8-T) Possession is subject to rights of tenant(s) NOTE. Consider attaching Additional Provisions Addendum (Form 2AI I-T) or Vacation Rental Addendum (Form 2A13-T) 14. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AM ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. Additional Provisions Addendum (Form 2A1 I-T) 8 New Construction Addendum (Form 2A3-T) Additional Signatures Addendum (Form 3-T) Owners' Association Disclosure And Condominium Back -Up Contract Addendum (Form 2A1-T) Resale Statement Addendum (Form 2Al2-T) FHA/VA Financing Addendum (Form 2A4-T) Seller Financing Addendum (Form 2A5-T) X Lead -Based Paint Or Lead -Based Paint Hazard Addendum (Form 2A9-T) Short Sale Addendum (Form 2A 14-T) Loan Assumption Addendum (Form 2A6-T) Vacation Rental Addendum (Form 2A13-T) ❑ Identify other attorney or party drafted addenda: NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA T THIS CONTRACT. 15. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a ta: deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs ar, successors. 16. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with tt conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanger party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging pan shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such addition. documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be requirt to give effect to this provision. 17. PARTIES: This Contract shall be binding upon and shall inure to the benefrt of Buyer and Seller and their respective heir successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neut genders, as appropriate. n Envelope ID: A6407F7A-3981-4FF4-928946B27448C70A Sigd Envelope ID: 4DB44CDB-EFD6-4702-A59D-D4FF2C802CA0 19. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representation inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing an signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR40 or broker and Seller or Buyer a contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 20. CONDUCT OF TRANSACTION: The pasties agree that any action between them relating to the transaction contemplated b this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice c communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailin address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be give to a party herein, and any fee, deposit or other payment to be delivered to a party herein, may be given to the party or to such party' agent. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall nc constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute rejection of an offer or the creation of a counteroffer. 21. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and th same instrument. 22. COMPUTATION OF DAYS/f1ME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" sha mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For th purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided i 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 i the State of North Carolina. [THIS SPACE INTENTIONALLY LEFT BLANK) In Envelope ID: A6407F7A-3981-4FF4-9289-46B27448C70A Sign Envelope ID: 4DB44CDB-EFD6.4702-A59D-D4FF2C802CA0 I'HE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATIOT MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM It ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVID] FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOI SIGN IT. Phis offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timel ieliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provide hat any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: 5/20/2020 Date: 5/20/2020 thief operatic �+K Buye D a 13 hn Date: f-4,5' muSgneA Seller by: ZZ Sally Gallagh( Yello Haase LLC Date: Buyer Seller Entity Buyer: Entity Seller: Yellow Gallagher House LLC (Name of LLC/Corporation/Partnership/Trust/etc.) (Name of L ion/Partnership/`Trust/etc.) By: By: 615Q 1826EBD4lE Frederic Mercer Gallagher IV Name: Name: Print Name Print Name Title: Title: Chief Administrative officer 5/20/2020 Date. Date: WIRE FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY TI] INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATIO] ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNS AND CONTACT THE CLOSING ATTORNEYS OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRIN INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEN CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TA FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A NUNiMUI YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIF INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSIN ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. RRTCTTTL'T] Vf1TT ATIC A MT T%=n f\n A QL`T T CD Vl1TT CTT/IT TT T% f`AT T lr= f T f%CTkTf'_ A'TTl1DhTCVTC llC1CTf1V A r n Envelope ID: A6407F7A-39814FF4-9289-46B27448C70A ign Envelope ID: 4D844CDB-EFD6-4702-A59D-D4FF2C802CA0 NOTICE INFORMATION COTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR TIIE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY VHICH ARE NOT APPROVED. IUYER NOTICE ADDRESS: nailing Address: Iuyer Fax#: SELLER NOTICE ADDRESS: Mailing Address: Seller Fax#: Iuyer E-mail: davidl7asignaturegroupre.com Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES felling Firm Name: Landmark Sotheby's International Realty Listing Firm Name: Coastal Carolina Real Estate \cting as © Buyer's Agent Lj Seller's(sub)Agent Dual Agent Acting as X� Seller's Agent Dual Agent Firm License #: C20671 Firm License #: Aailing Address: 126 N Topsail Dr, Surf City, NC Mailing Address: 13775 Hwy 50 Ste 401, Holly Ridge, NC !8445-0718 28445 ndividual Selling Agent: Dean Phillips Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #: 262891 felling Agent Phone#: (910)650-7459 felling Agent Fax#:(910)328-2531 felling Agent E-mail: dean(j?landmarksir.com Individual Listing Agent: Jackie L James Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #: Listing Agent Phone#: (910)470-1478 Listing Agent Fax#: (888)431-0021 Listing Agent E-mail: CoastalCarolinaReal@gmail.com [THIS SPACE INTENTIONALLY LEFT BLANK] In Envelope ID: A6407F7A-39814FF4-928946B27448C70A >ign 1=nvelope ID: 4DB44CDB-EFD64702-A59D-D4FF2C802CA0 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Yellow Gallagher House LLC ("Seller"; Buyer: David S. Kahn ('Buyer") Property Address: 2006 Ocean Boulevard, Topsail Beach, NC 28445 ("Property"' •----------------------------------------------------------------------------------------- ] 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 paymei o Seller of a Due Diligence Fee in the amount of $ 500.00 , receipt of which Listing Agent hereby acknowledge: Date: Firm: Coastal Carolina Real Estate By: (Signature) Jackie L James (Print name) ----------------------------------------------------------------------------------------- ] SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the paymel to Seller of a Due Diligence Fee in the amount of $ 500.00 , receipt of which Seller hereby acknowledges. Date: Seller: Date: Seller: (Signature) Yellow Gallagher House LLC (Signature) ] ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payme to Escrow Agent of an Initial Earnest Money Deposit in the amount of $ 3,000.00 . Escrow Agent as identified Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Rizzo & Blackburn Trust Account By: (Signature) (Print name) --------------------------------------------------------------------------------- ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payme to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ . Escrow Agent as identifi in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit a agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Rizzo & Blackburn Trust Account i Envelope ID: A6407F7A-39814FF4-928946B27448C70A DocuSign Envelope ID: 74086A6D-2C10-40DB-96C6-04617F433D93 Landmark LEAD -BASED PAINT OR LEAD -BASED PAINT HAZARD ADDENDUM Property : 2006 Ocean Boulevard, Topsail Beach, NC 28445 Seller: Yellow Gallagher House LLC Buyer: David S. Kahn This Addendum is attached to and made a part of the Offer to Purchase and Contract ("Contract') between Seller and Buyer for the Property. During the Due Diligence Period, Buyer shall have the right to obtain a risk assessment or inspection of the Property for the presence of lead -based paint and/or lead -based paint hazards* at Buyer's expense. Buyer may waive the right to obtain a risk assessment or inspection of the Property for the presence of lead -based paint and/or lead -based paint hazards at any time without cause. *Intact lead -based paint that is in good condition is not necessarily a hazard. See EPA pamphlet "Protect Your Family From Lead in Your Home" for more information. Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards Lead Warning Statement Every Buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interesi in residential real property is required to provide the Buyer with any information on lead -based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead -based hazards it recommended prior to purchase. Seller's Disclosure (initial) (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): l ,r Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. (b) Records and reports available to the Seller (check one) �U Seiler has provided the Buyer with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing (list documents below). QX Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. Buyer's Acknowledgement (initial) (c) Buyer has received copies of all information listed above. (d) Buyer has received the pamphlet Protect Your Family from Lead in Your Home. (e) Buyer has (check one below): © Received the opportunity during the Due Diligence Period to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards; or Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards. Page 1 of 2 TLL i ..... i..:..bl..-............A i... _ �T • �m ..�.. ram..» i .� . n m i Envelope ID: A6407F7A-3981-4FF4-9289-46B27448C70A McuSipn Envelope ID: 7408WD-2C10-40DB-96C6-04817F433093 Agent's Acknowledgment (initial) (f) Agent has informed the Seller of the Seller's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT, THIS ADDENDUM SHALL CONTROL, EXCEPT THAT IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE PROPERTY OR THE IDENTITY OF THE BUYER OR SELLER, THE CONTRACT SHALL CONTROL. THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. 5/20/2020 5/8/2020 Date: Date: 5=,.-d rr:Buyer:S. KA14.® Seller: Sally Gallagher Li D 2%j""54w... Ye Jkwe LLC Date: Buyer: Entity Buyer: (Name of LLC/Corporation/Partnership/Trust/etc.) By: Name: Title: Date: Selling Agent: Date: Print Name Dean Phillips Date: Seller - Entity Seller: Yellow Gallseher House LLC (Name of LLC/Co r ratiSo�n/Pnpdaz�ership/Trust/etc.) By:dd� t V Name: FrederieW�Ftf`�'FGallagher iv Chief Admmi�ni sttrrati ve officer Title. 5/20/2020 Date: Listing Agent: Jackie L James Date: