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77662D - Ussery
Leads i l'232020 1mU ) 41, -JCAMA/ ❑.DREDGE & FILL N9 77662 A B C 0 ENERAL PERMIT Previous permit# Nev' JModification ❑Complete Reissue ❑Partial Reissue Date previous permit issued / As authorized by the State of North Carolina, Department of Environmental Quality ri N 1 , I( 0 o and the Coastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC tt ' 1 A jc (} ❑Rules attached. Applicant Name CC o1T U SSE,' y nnC/o 3d^r'^�. �� Project Location: County 6r�n s�I ( L Address i b(DO Sugr7s 1-'11°' ICU - Street Address/State Road/Lot#(s) City EkiZoNe Vow►n State NC. ZIP 2%131 ( 3 6 cc (CtSi, Drive Phone#(9ili ) 5tp25914/ E-Mail ) ut,,_y`,,o` 1'010p11041"Ad Subdivision I Authorized Agent V CC / -IS` • City �pId EEti( ,, ZIP aEjL1(02 ❑CW EW :PTA XES IgPTS Phone# (n i o )'(02 - --I a--) River Basin L U►'ti e r Affected ❑OEA ❑HHF ❑IH ❑UBA ❑WA AEC(s): Adj.Wtr. Body C.'NA t, (nat ER/unkn) ❑ PWS: ORW: yes / no PNA yes / io� Closest Maj.Wtr. Body PTV W Type of Project/Activity t, ion a ,D a\kC (� ekl��k�� p "^�J (Scale: 1 = 2..0 ) Pier(dock)length i i Fixed Platform(s) 1 Floating Platform(s) _ I Finger pier(s) I ,1\A 1 ! ---1 ' 1 _ -..-__ Groin length I ! i j number ' (iBtilk- ad/ rap length S6 ` I1-t.,‘Lkiv-q = i avg distance offshore 0 } max distance offshore Basin,channel cubic yards G6Asrtr i Boat ramp I j~��`` L, , Boathouse/Boatlift — �- _ Beach Bulldozing / I I i' 14. ,- 1 c �}(l other 1.d k-O� i I /,/ \ / I '�u��L A bltk-toU- 1 tea I f , ' ��, 1( ' t D �T LIMA Shoreline Length ill. SAV: not sure yes no ,_ C y� � Sa t� SR�1�-�s . Moratorium: n/a yes Q ............ 1 `' � {� C Dr { f*iao�4 Photos: yes 'V {Uiw uAtrI -------.-._..____- b_ ,QI' -._..._ �_1 �i S ' - ....._....__ . Waiver Attached: yes no , I x1 Q,, A building permit may be required by: � � Vo\' C D. • . I I See note on back regarding River Basin rules. (Note Local Planning Jurisdiction) �, '' Notes/Special Conditions ? t v&1tt OS' 11.1 `1N • O 1nCA,(.tcI / (Aye Belk, "(Vila\4 u�,s 4Q P,y, N011 G((I1+.q o•- (,aoc4 \ A e. -klx" o`S VIAIkUI.�ok_oS lc) b?. try;tolled ivl QIc r 2 ()rIr\ - . JJ I t 11) ‘A ..k vLL,(4- c2)r,YAL Agent or Applicant Printed Name Pecer' rimed ame Signature **Please read compliance statement on back of permit** Signature Application Fee(s) Check# Issuing Dat4 Expiration Date • Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that I)prior to undertaking any activities authorized by this permit,the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief,certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar-Pamlico River Basin Buffer Rules Other: Neuse River Basin Buffer Rules If indicated on front of permit,your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office(9 I 0-796-72 15)for more information on how to comply with these buffer rules. Division of Coastal Management Offices Morehead City Headquarters Washington District 400 Commerce Ave 943 Washington Square Mall Morehead City, NC 28557 Washington, NC 27889 252-808-2808/ I-888-4RCOAST 252-946-6481 Fax: 252-247-3330 Fax: 252-948-0478 (Serves:Carteret,Craven,Onslow- (Serves: Beaufort, Bertie, Hertford,Hyde, North of New River Inlet-and Pamlico Tyrrell and Washington Counties) Counties) Elizabeth City District Wilmington District 401 S. Griffin St. 127 Cardinal Drive Ext. Ste. 300 Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax: 910-395-3964 Fax: 252-264-3723 (Serves: Brunswick, New Hanover, (Serves:Camden,Chowan,Currituck, Onslow-South of New River Inlet- Dare,Gates, Pasquotank and Perquimans and Pender Counties) Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 7/06/17 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: ` E,Al/4'd n - /7 (%ySdh Mailing Address: /f 5/ ,,7G Alf iV6/, ,?Y3yz- Phone Number: 9/0-,Y"- 2 5797 Email Address: o'o4iPia/96,&/1o1407a i/.Ca',-- I certify that I have authorized VG C Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Reel - o%mv ec/ def//r Aeci�' zf % at my property located at /3Y S/'%4 i 2)` X6/o/n i&4c in cate54iiG/ County. 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: Signature crs-c/7 Print or Type Name Title 9 l 26 l O Date This certification is valid through I I ADJACENT RIPARIAN PROPERTYJ OWNER STATEMENT I hereby certify that I own property adjacent to LL+i II-1 {SvtArLes Inc. . I 's`�►'` Ni�me of PropertyOwner) property located at 138 S a I 11'S\ _1 ve CC�Xl k t (Address, Lot, 131 ck, lioad, etc.) N.C. on , in n l e r1 P a , (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) 1L a t r 1 IC�ea-Li. d a,n�c�L►cJ t�i 1- I r\c4k) bu- kke�t cL Q _ WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) „12,51.ur,t_ 1/11611 et,4 SAfrAgAldeitt gnature n 0 S' ature* Print or Type Name Print or Type Na5 e z G //i T2 ,42 13Gt Mailing Address Mailing Address -� fie/ <� .W f� k� \d e), NC getG .2 City/State/Zip City/Stale/Zip Tele hon Numb r/email address Telephone umber/email address ZO oq�asla0RD Date Date (Revised Aug. 2014) *Valid for one calendar year after signature* I I I„L2 .k A L VI c 1 t'A. I eQ,--0/inure p't7r9e y�it-a m ,ev1n, ADJACENT RIPARIAN PROPERTY OWNER STATEMENT • I hereby certify that I own property adjacent to 6telle an d ( Q n l N►tane,� n n 's (Name of Property Owner property located at 13 8 Sal I -Reik 1(Z.l V& I (Address, Lot to k, Road, etc.) l on Cana. , in . o I�et- 1)P�_de-1 , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. L 1 n� 8,,�0 hec ✓ I have no objection to this proposal. N Wall t�1( it n0 7 �j2�t.l°d 1(�/2e 0 0/4I ,S•Draw# ner ciOa t a r k3;,nc�u)a 1►(��- 1'f 0 , iti I have objections to this proposal. ullcvtecIPenf1c15 W u►k - NO "P:P4y a-r`-- W W vets' DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT 16 D (Individual proposing development must fill in description below or attach a site drawing) ark N o-h'e ` i) . � d-�t,w� w t � n�J bc.cl . bp of Nsepi Wall r .t lc(n ea ci I VViT rlibr n A 5 �1 Nev.\ wc\k ---T- NW, —UT_ 1 / a.s d(D W N-a,S S(ti�,�la-- 1I 1 °Z S ecuarb &ko fterev► t3��a��� }� - --i Ill gifNiV - 0,0_30 watt f36Sa;1 514 ` WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. 0 I do not wish to waive the 15' setback requirement. Per/ (Property Owner Informatio (Adjacent Prope wner Information) (qs SAauovN ixio— /f ,i _ee ,./)-- tta ci-ece4 ature Si ature* �+�lctc(C S/ti�� 19oe�s 0/7 1 C• M a n a1 pFt4cf pet ve d Print or Type Name Print or Type Name 71Z6 )zd /7 s/ ,lc /7/. r74) a4 ID-Movit f-vervto n Chvrcl ej. Mailing Ades 3F Z ilin�Address/U C. oZ 41 Ct ff.- City/State/Zip ' Cittv/State/Zi 9/D— Z-,795e7 Y/0-6i9-C4'`95 deeP Telephone Numbe /email address Telephone Number/email address V.2 Gi0 z-r, .P/21-a96, J42,0 Date Date* 1/M/9..& ;///r4,1' ao (Revised Aug. 2014) *Valid for one calendar year after signature* (Aim I( .4- 12Q Su ) Yam; • • • • iisy �{<.yi _. ... • �'iS � 5f �R".91C'*+iF �.�' , A' . •t.. • . • �..5. .1 • • 4 • < r r . • • tagE„liollalm.,zupial_igasmkmoN mil_ _ R thKet.W.ti ...-' f. ,...011?"11 t tritj&e."Jo' etNamo ot Propvty Owhor R3 g litt'qvc Prir 6 twi .• 4 1....6,14 IA el ....,,,,, Y7 / I , /././ q17 ) / Malting Address: . '',. . ..- ---;./ ,._cr, -, ? rgy. -- -- -, ..............w....................„ Phone riurnbet; 7,10 '0'.5-4:2---C.28;4/7 EMI il itt4dress: I certify that I ttree,authcrizixt __ 1,.../.11., _ _ __ Aired I Cert-acto ta act art rny behalf. rar tho ;1u:1:tow of actiptpag for and obtaining al ovum peorth .0 tboce7isaly for ule wowng propos",dcw4opcnent j.;_iC1,--..,2 -/Aasi i ' ..'. i V * 461'fir. A , / eV AA i:fP1 X ditli t.' et my ptoperty itcsa / 3. 711 " 1 . e," 154.'2;4'•L. I furthettnoto cculify that 1 nnt atiftporund ta grant, nod Ekt it tact grow permission tJ DitnSiOn a Coasts,htanitgooterit gal, the i ocal Pomo°Mow arid:hair vents to entne Oft th0 itiOriblvei Vow,' twirls tr, carromoan with cfrivivarvtoi itAlettWA:Irt hotaitoot 4,i ti',•,.i perrrit aPpiNctrtkwt Property Owner rolorrnaboa. /--) _ ;;# 7:' ------1 ( ' #(:2, - .-.. .,---s- 0- -0 -- 4.1--.2.....-.."-- _,,>"" Svmt.ve ./- . . i #_ ,. iic) r 4) i(41' ji liel i ... ,..._ , , - enett Of r)po Pa'tio :,-----r ' te'krA4FtElle _ ,s,..--....,...................... , , '• '-.4'- t,',I.1!k ..,/ i . fr- , ) , in. . ,..1 1 i ky,„ ,r0„.-y2;1 - ........-_,...LA -4'""'" - --m. I hid, CA/rtS5C0011 ts v-erW II -' -, — — - ' - ..—,.• - •— . . _ f ficzt10A°412v/f4eXams.,c-titivi_rreatti.Agttl. ^4.qr4 i r,e,t .psg ^ -10A - LV IV J J r O n V V I/ V V I Buyers, are making a 520,000.00 lump sum principle payment on March 6, 2017. Seller agrees that said payment will be applied directly to the principle balance and the amortization schedule will pick up at the November 15, 2017 payment. The parties agree that the April 2017 payment will actually be the November 2017 payment as reflective on the original amortization schedule the parties entered into when the lease/purchase commenced. 3 - & 7 /ir , .--------- Wr ` c , le an or , may, In t sereuioarty-management-agreement, remove ace any agent engaged to nta , . 22.Form:The Landlord and Tenant hereby acknowledge that their agreement is evidenced by this form contract which may contain some minor inaccuracies when applied to the particular factual setting of the parties. The Landlord and Tenant agree that the courts shall liberally and broadly interpret this lease, ignoring minor inconsistencies and inaccuracies, and that the courts shall apply the lease to determine all disputes between the parties in the manner which most effectuates their intent as expressed herein. The following rules of construction shall apply: (I) handwritten and typed additions or alterations shall control over the preprinted language when there is an inconsistency between them;(2) the lease shall not be strictly construed against either the Landlord or the Tenant; (3) paragraph headings are used only for convenience of reference and shall not be considered as a substantive part of this lease; (4) words in the singular shall include the plural and the masculine shall include the feminine and neuter genders, as appropriate; and (5)the invalidity of one or more provisions of this lease shall not affect the validity of any other provisions hereof and this lease shall be construed and enforced as if such invalid provision(s)were not included. 23. Amendment of Laws: In the event that subsequent to the execution of this lease any state statute regulating or affecting any duty or obligation imposed upon the Landlord pursuant to this lease is enacted, amended, or repealed, the Landlord may, at his option, elect to perform in accordance with such statute, amendment, or act of repeal in lieu of complying with the,analogous provision of this lease. r._ _ 24.Eminent Domain and Casualties: The Landlord shall have the option to terminate this lease;if'the Premises,'or any part ' thereof,are condemned or sold in lieu of condemnation or damaged by fire or other casualty. 25. Assignment: The Tenant shall not assign this lease or sublet the Premises in whole or part. ,. 26. Waiver: No waiver of any breach of any obligation or promise contained herein shall be'regarded as a waiver of any future breach of the same or any other obligation or promise. << • 27. Other Terms and Conditions: Y °•. 4,� (a) ❑ (Check if applicable) The Premises were built prior to 1978 (Attach Standard Form#<4,30-T,"Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards ') ' ., (b) If there is an Agent involved in this transaction,Agent hereby discloses to Tenant that'Agent is acting for and represents Landlord. �{ ; (c The folll1owin additijvnal terms and c nditions shall also a apart of this leas �i ►T tS Ahp., 4.0,h lir� 4 /!A?rd1 Ir�y/ �Afad/J ICJ . 'e A I / !r!-t,Jb s r t 4-J PJr,4 Ayr/-•• (d)Itemize all addenda to this Contract and attach hereto: ' `7 28. Inspection of Premises Wi_t}' days of occupying the Premises, Tenant has the right to inspect the Premises and complete a Move-in Inspection Form. '' , ' '�. is i: --.a 29. Notice: Any notices required or authbrized'to be given hereunder or pursuant to applicable law shall be mailed or hand delivered to the following addresses: >, Tenant:t ,y•a`'-A..9 a/-'-4 - Landlord:the addr`ess-to which rental payments are sent. 30. Execution; Counterparts. When Tenant signs-this lease, he acknowledges he has read and agrees to the provisions of this lease. This lease is executed in'``'DLL, (number)counterparts with an executed counterpart being retained by each party. 31. Entire Agreement: This Agreement contains the entire agreement of the parties and there are no representations, inducements or:other provisions other than that' in writing. All changes, additions or deletions hereto must be in writing and signed,,byat.)zparties. > , i F' �i` THE NORTH CAROLINA ASSOCIATION OF REALTORS°, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY„OR ADEQUACY.OF ANYPROVISION OF THIS FORM IN ANY SPECIFIC TRANS ' hi- TENANT: `" ,5'. :• LANDLC (SEAL) (SEAL) ' (SEAL) (SEAL) Date: By: / - , AGENT / 411" (SEAL) Date: `f /3`/1 Page 6 of 6 STANDARD FORM 410-T Revised 10/2009 ©7/2011 • 17. Landlord's Default; Limitation of Remedies and Damages: Until the Tenant notifies the Landlord in writing of an alleged default and affords the Landlord a reasonable time within which to cure,no default by the Landlord in the performance of any of the promises or obligations herein agreed to by him or imposed upon him by law shall constitute a material breach of this lease and the Tenant shall have no right to terminate this lease for any such default or suspend his performance hereunder. In no event and regardless of their duration shall any defective condition of or failure to repair,maintain,or provide any area,fixture or facility used in connection with recreation or recreational activities, including but not limited to swimming pools, club houses, and tennis courts, constitute a material breach of this lease and the Tenant shall have no right to terminate this lease or to suspend his performance hereunder. In any legal action instituted by the Tenant against the Landlord,the Tenant's damages shall be limited to the difference,if any,between the rent reserved in this lease and the reasonable rental value of the Premises;taking into account the Landlord's breach or breaches, and in no event, except in the case of the Landlord's willful or wanton negligence, shall the Tenant collect any consequential or secondary damages resulting from the breach or breaches,including but not limited to the following items:damage or destruction of furniture or other personal property of any kind located in or about the Premises,moving expenses,storage expenses, alternative interim housing expenses,and expenses of locating and procuring alternative housing. 18.Removal,Storage and Disposition of Tenant's Personal Property: e (a) Ten days after being placed in lawful possession by execution of a writ of possession; the Landlord.may throw away, dispose of, or sell all items of personal property remaining on the Premises. During the 10-day period__after being placed in lawful possession by execution of a writ of possession,the Landlord may move for storage purposes,but shall not;throw away,dispose of,or sell any items of personal property remaining on the Premises unless otherwise provided for in Chapter°,,.42.of the North Carolina General Statutes. Upon the Tenant's request prior to the expiration of the 10-dayperiod,the Landlord shall•`release possession of the property to the Tenant during regular business hours or at a tune agreed upo ::,;Ifthe Landlord elects to sell the'ioperty at public or private sale, the Landlord shall give written notice to the Tenant by first-class niail`tn:the Tenant's last known address at least seven days prior to the day of the sale. The seven-day notice of sale may run coneurrentlywitht he 10-day period which allows the Tenant to request possession of the property. The written notice shall state —1,',date, time, and=place of the sale' and that any surplus of proceeds from the sale, after payment of unpaid rents, damages,st tage fe' ss and sale c stsa''shall be.disbursed to the Tenant,upon request,within 10 days after the sale,and will thereafter be delivered to the government of thre.=`c0untk in which the rental property is located. Upon the Tenant's request prior to the day of sale,the Landlord shall release possession of the property to the Tenant during regular business hours or at a time agreed upon. The Landlord mayl'pply5the proceeds of the sale to the unpaid rents, damages, storage fees,and sale costs. Any surplus from the sale:sha1l.be disbursed:to:the Tenant,upon request, within 10 days of the sale and shall thereafter be delivered to the government of the county" in;which the rental property is located. (b)If the total value of all property remaining on`therPremises at the`time'of execution of a writ of possession in an action for summary ejectment is less than one hundred dollars($100 00);'tl en the property'shall.be deemed abandoned five days after the time of execution,and the Landlord may throw away or dispose of the'pperty. Upon'the Tenant's request prior to the expiration of the five-day period,the Landlord shall release possession of the propertytoOhe Tenant during regular business hours or at a time agreed upon. :`' y` 19. Bankruptcy:If any bankruptcy'vr.,m o1ven&prq eeedings are filed by or against the Tenant or if the Tenant makes any assignment for the benefit of creditors,the Land'ard may;�a;his<option,immediately terminate this Tenancy,and reenter and repossess the Premises, subject to the provisions of the .Bahl -uptcy Code'(a.l USC Section 101; et. seq.) and the order of any court having jurisdiction thereunder. 20. Tenant's Insurance,:Release and llndemnity.Provisions:The Tenant shall be solely responsible for insuring any of his personal property located or stored'u on the;,.hremises u it the risks of damage, destruction, or loss resultingfrom theft, fire,storm P P y P♦� ;, Po g , and all other hazards and casualties. Regardle's;:oiiwhether the Tenant secures such insurance,the Landlord and his agents shall not be liable for any,damage to, or"destruetion or loss of, any of the Tenant's personal property located or stored upon the Premises regardless otthej cause or causes of such damage�.rdestruction, or loss,unless such loss or destruction is attributable to the intentional acts or willful or wanton negligence,::of the Landlord. The Tenant agrees to release and indemnify the Landlord and his agents from and agaiii t liability for injury to the person of the Tenant or to any members of his household resulting from any cause whatsoever except o y,.such.peeis,onatrinjury caused::by-the negligent,or intentional acts of the Landlord or his agents. 2:1 Ag t the dlord and;the Tenant ackn edge that the Landlord may,from time to time in his discreti ,engage a third party eilie'Agent")to manage, supervise an erate the Premises or the comp] , any, of which they a part. If such an Agent is managing,supervising:and operatin Premises at the time this leas ' executed, his name will shown as"Agent"on the first page hereof:,- W'1 respect to an gent engaged pursuant to th' graph,the Landlord a e Tenant hereby agree that. (1)Agent acts for an,,_ •t . eats ord in this transaction;(2)A shall have only such aut as provided in the mane nt contract existing b- a dlord and Agent; (3) A ay perform without ob. on from the Tenant, any o ' anon or exercise any right of th ndlord imposed or given h ' or by law and such perfo ce shall be valid and bind' , if authorized by the Landlord, ' performed by the Landlord. the Tenant shall pay all rem to the Agent if directed to d by the Landlord; (5) except erwise provided by law, gent shall not be liable to Tenant for the nonperform a of the obligations or promises the Landlord contained her ' ,(6)nothing contained herein all modify the management contract existing between the Page 5 of 6 STANDARD FORM 410—T Tenant Initials Revised 10/2009 0 7/2011 • 12. Alterations: , f All alterations,additions,and improvements upon the Premises, made by either the Landlord or Tenant, shall become the property of the Landlord and shall remain upon and become a part of the Premises at the end of the tenancy hereby created. 13.Occupants:The Tenant shall not allow or permit the Premises to be occupied or used as a residence by any person other than Tenant and the Permitted Occupants. 14. Rental Application: In the event the Tenant has submitted a Rental Application in connection with this lease, Tenant acknowledges that the Landlord has relied upon the Application as an inducement for entering into this Lease and Tenant warrants to Landlord that the facts stated in the Application are true to the best of Tenant's knowledge. If any facts stated in the Rental Application prove to be untrue,the Landlord shall have the right to terminate the tenancy and to:collect from Tenant any damages • resulting therefrom. a; 15. Tenant's Duties Upon Termination: Upon any termination of the Tenancy created,heieby,whether by the/Landlord or the Tenant and whether for breach or otherwise,the Tenant shall:(1)pay all utility bills due for services to the Premises for which he is responsible and have all such utility services discontinued; (2) vacate the Premises removing therefrom all Tenant's,personal of whatever nature;property (3)properly sweep and clean the Premises, including;plumbing.fixtures, refrigerators,. stoves and sinks, 4, removing therefrom all rubbish,trash,garbage and refuse;(4)make such repairs acid perform such other acts'asjtire necessary to return the Premises, and any appliances or fixtures furnished in connection therewith,:id;the same condition as when Tenant'took possession of the Premises;provided, however, Tenant shall not be responsible for ordinarysear and tear or for repairs required by law or by paragraph 6 above to be performed by Landlord;(5)fasten and lock all doors and windows; (6)return to the Landlord all keys to the Premises;and(7)notify the Landlord of the address to which the balat ce of the Security,pjeposit may be'returned.If the Tenant fails to sweep oat and clean the Premises, appliances and fixtures asieretm pro.vtded, Tenant°hall become liable, without notice or demand, to the Landlord for the actual costs of cleaning(over,andrabove orditi ry wear and'.=tear),v4ich may be deducted from.the, Security Deposit as provided in paragraph 4 above. s'`, '`' • 16.Tenant's Default In the event the Tenant shall"fail to•• _4; (a) pay the rentals herein reserved as and when bey shall become4ue hereunder;or (b) perform any other promise,duty or obligation Herein agreed to by him or imposed upon him by law and such failure shall continue for a period of five(5)days from the date The Landlord provides Tenant with written notice of such failure, then in either of such even -an as o n as er er m may occur, e , • r on o a 1 other rights and remedies provided by law, may, at its option and with or without not ce to tenant, either,(j terminate this lease or(ii) terminate the Tenant's right to possession of the Premises without;terminating this-lease. ',Regardless of whether Landlord terminates this lease or only terminates the Tenant's right of possessidnlitl outterminating this lease;Landlord shall be immediately entitled to possession of the Premises and the Tenant shall peacefully surretldet possession„ofthe Premises to Landlord immediately upon Landlord's demand. In the event Tenant shall fail or refuse to surrendei'possessrdnlnf't1e*Premises,Landlord shall,in compliance with Article 2A of Chapter 42 of the General Statutes of North Carolina, reenter and retitkey possession of the Premises only through a summary ejectment proceeding.If a summary ejectment proceeding is instituted against Tenant, in addition to any court costs and past-due rent that may be a�3idw t�i^, Tenant s a be responsible for paying Landlord-the relevant Corn lawn Ting ree, enmT Appearance Fee or Seeu,N nT al Tc7:-Only one of which aLndnd1otr is-.entitled to chargeiand retain. The Complaint-Filing ee may e c d€lautt of this tease,(ii)the Landlord filed: d"served a,complaint for summary ejectment and/or money owed,(iii)Tenant cured the • default or claim;and(iv) Landlord dismrssed'the, thplaint prior to judgment. The Court Appearance Fee may be charged if: (i) Tenant was:-iridefault of the lease .Landlord filed;served, and prosecuted successfully a complaint for summary ejectment and/or monies owed in small claims court;and (iv) neither party appealed the judgment of the magistrate. The Second Trial Fee may be chargedtfor a new trial following aii appeal from the judgment of a magistrate, provided Landlord proves: (i) that Tenant was in default ofthe lease and•(ii)Landlord pirevailed. (NOTE If the rent is subsidized by HUD,the US Department of Agriculture,a State Agency, 'a,p lic-fiotising°authority, or°a local government, any fee charged pursuant to this paragraph 16 shall be calculated on Tenant's share-of the rent onlylr:IIthe event Landlord terminates this lease,all further rights and duties hereunder shall terminate and Landlord shall be entitled to collect from Tenant all accrued but unpai n s an any ages resulting om a enan s reac ,In 'the event or 4ernu �Ui nates. e Tenant's right of possession without terminating this lease, 1•enant shall remain liable for the full performance of all the'•covenants hereof,and Landlord shall use reasonable efforts to re-let the Premises on Tenant's behalf.Any such rentals reserved from such re-letting shall be applied first to the costs of re-letting the Premises and then to the rentals due hereunder. In the event the rentals from such re-letting are insufficient to pay the rentals due hereunder in full, Tenant shall be liable to the Landlord for any deficiency. In the event Landlord institutes a legal action against the Tenant to enforce the lease or to recover any sums clue hereunder, Tenant agrees to pay Landlord reasonable attorney's fees in addition to all other damages. No fees may be deducted from the Tenant Security Deposit until the termination of the tenancy. Page 4 of 6 STANDARD FORM 410-T Tenant Initials Revised 10/2009 0 7/2011 • (I) 6.Landlord's Obligations: Unless otherwise agr upon,the Landlord shall: (a) comply with the applicable building and using codes to the extent r ired by such building and hou ' g codes; (b) make all repairs to the P emises as ay be necessary to keep t remises in a fit and habita ondition; provided, however, in accordance with ar gr 10 e Tenant shall be liable e Landlord for any repair cessitated by the Tenant's intentional or negligent mist: f he ises; (c) keep all comm r • y,used in conjunctio 'ith the Premises in a clean a safe condition; (d) promptly rep facilities and applianc , if any, as may be furnishe the Landlord as part of • Premises, including electrical, plu '. g, sanitary, heating, v lating, and air conditioning -tems, provided that the L •. ord, except in emergency situations tually receives notific • n from the Tenant in writing of e needed repairs;,and (e) wit • a reasonable period ime based upon the severity of condition,repair or remedy a, • imminently dangerous condition o e Premises after ac ' ng actual knowledge or receivin otice of the condition:.Notwith-.nding Landlord's repair or remed any imminently da ous condition, Landlord may rec r from Tenant the actual and r• onable costs,of repairs that are the tilt of Tenant. 7.Smoke and Carbon Monoxide Detectors: Pursuant to North Carolina General Statutes §'42t42 and 42-43,the4564041ffel 7.61*.0e • shall provide and install operable smoke detectors, either battery-operated or electrical, having an Underwriters' Laboratories, Inc., listing or other equivalent national testing laboratory approval. Effective January I, 2010, if the Premises-lia's•a foss l'fuel burning heater or appliance, fireplace, or an attached garage, the Landlord shall provide and install a minimum of,;oneyoperable carbon monoxide detector per level in the Premises, either battery operated or electrical,that is listed by a natidnal,OSHA-approved testing laboratory. T " • e . The Landlord shall ensure hat a moke or carbon monoxide detector is operable and in good repair at the beginning of the Initial Term of the Tenancy:'-The shall place new batteries in any battery-operated smoke or carbon monoxide detectors,at the beginning of the InitiaPTenn of the tenancy;the Tenant shall replace the batteries as needed during the tenancy: Pr 8. Rules and Regulations: The Tenant, his family, servants, guests and agents shall comply with and abide by all the Landlord's existing rules and regulations and such future`reasonable rules and regulations as the Landlord may, at Landlord's discretion, from time to time,adopt governing the use and occupancy of the Premises and any common areas used in connection with them (the'`Rules and Regulations"). Landlord reserves the'right to make changes:to the existing Rules and Regulations and to adopt additional reasonable rules and regulations from time to time; provided however, such changes and additions shall not alter the essential terms of this lease or any substantive rights granted hereunder and shall not become effective until thirty(30)days' written notice thereof shall have been furnished'to•Tenant�Tenant also,agrees to abide by any applicable homeowners'association regulations as they now exist or may be amended. A copy,of the{existingi`Rules and'Regulations, and any applicable homeowners' association regulations,are attached hereto and the Tenant acknowledges•that're has read them.The Rules and Regulations shall be deemed to be a part of this lease giving to the Landlord all the rights and remedies herein provided. 9. Right of Entry:,Landlord hereby reserves the right to enter the Premises during reasonable hours for the purpose of(1) inspecting the Premises and thedenant's compliance with:;the terms of this lease; (2)making such repairs, alterations, improvements or additions thereto as the Landlord"may deem appropriate; and (3) showing the Premises to prospective purchasers or tenants. • Landlord shall also have the right;to display`Foi;Sale"or"For Rent"signs in a reasonable manner upon the Premises. 10. Damages: Tenant shall be-responsible:for and liable to the Landlord for all damage to, defacement of, or removal of property from'the Premises whatever the cause,exc pt such damage, defacement or removal caused by ordinary wear and tear,acts of •the Landlord his agent,or of third parties not invitees of the Tenant,and natural forces. Tenant agrees to pay Landlord for the cost of repairing any damage for which Tenant is responsible upon receipt of Landlord's de a d therefor, and to pay the Rent during the period thePremises may,not be habitable as a result of any such damage. 5-e A ,t �' ' 4 lid Pets If pets are,trot allowed,Tenant agrees not to keep or allow anywhere on or about the Property any animals or pets of any kind,including but not;}limiied to, dogs, cats, birds, rodents, reptiles or marine animals. If pets are allowed, Tenant acknowledges that the amount of the Pet Fee is reasonable and agrees that the Landlord shall not be required to refund the Pet Fee in whole or in part. lf,pets are allowed, Tenant agrees to reimburse Landlord for any primary or secondary damages caused thereby whether the damage is;to,the Premises or to any common areas used in conjunction with them, and to indemnify Landlord from any liability to third parties which may result from Tenant's keeping of such pet or pets. The Tenant shall remove any pet previously permitted within /Ulk hours of written notification from the Landlord that the pet, in the Landlord's sole judgment, creates a nuisance or disturbance or is, in the Landlord's opinion, undesirable. If the pet is caused to be removed pursuant to this paragraph, the Landlord shall not be required to refund the Pet Fee;however, the Tenant shall be entitled to acquire and keep another pet of the type previously authorized. Page 3 of 6 STANDARD FORM 410—T Tenant Initials Revised 10/2009 ©7/2011 3. Late Payment Fees and Returned Check Fees: Tenant shall pay the Late Payment Fee if any rental payment is not received by midnight on the fifth(5th)day after it is due. This late payment fee shall be due immediately without demand therefor and shall he added to and paid with the late rental payment. Tenant also agrees to pay the Returned Check Fee for each check of Tenant that is returned by the financial institution because of insufficient funds or because the Tenant did not have an account at the financial institution. /f ( 4. Tenant Security Deposit: The Security Deposit se. 1 he administered in :ccordance with the North Carolina Tenant 5� Security Deposit Act (N.C.G.S. § 42-50 et. seq.). IT M• . , IN THE DISCRET . OF EITHER THE LANDLORD OR THE AGENT,BE DEPOSITED IN AN INTEREST-BEARIN . ACCOUNT WITH T - BANK OR SAVINGS INS TUTION NAMED ABOVE. ANY INTEREST EARNED UPON THE , ANT SECURITY D 'OSIT SHALL ACCRUE F' ' THE BENEFIT OF, AND SHALL BE PAID TO, THE LANDLORD R AS THE LANDL( tt DIRECTS. SUCH INTE►4 ST, IF ANY, MAY BE WITHDRAWN BY LANDLORD OR AGENT ROM SUCH ACCO • AS IT ACCRUES AS 0 P. AS IS PERMITTED BY THE TERMS OF THE ACCOUNT. Upon any termination of the to .ncy herein created, he andlord may deduct from t•- Tenant Security Deposit amounts sufficient to pay: (I) any damages su 'fined by the Landlord . a result of the Tenant's non..yment of rent or nonfulfillment of the Initial Term or any renewal perio• ncluding th• Ten. is f• e to enter into possession- )"any•damages to'ihe Premises for which the Tenant is responsible;(3) . unpaid bills\ .h b'c•• 6 : ie gainst the Premise- due to the Tenants occupancy; (4) . costs of re-renting the Premises a i r a breach of th'. .se • th I. : .nt; (5) any court : is incurred by the�L;andlord in con. ction with terminating the tenancy; .• • (6)any other d.i�._ • • he L • ord which may t - be, a permitted use of the Tenant • unity Deposit under the laws of this ;tate. No fees may b . . l -• fro Tenant See Deposit until the termination�o e"tenancy. After having deducted t - above amounts, the La •rd . Al, if t e Tenant's as ess.is';known to him,refund to • Tenant, within thirty If (30) days after •e termination of the tena and •:livery of possessi• , the balance of the Tenant See • Deposit along with an itemized stat: ent of any deductions. I i exte •f Landlord's cl m against the security deposit c. • of be`determined within 30 days, Lan• ord shall provide Tenant •I( a 1 interim accounting n• ater tlran"30 days a-fe,rµterminati. o€ttie tenancy and delivery of A�,.-� .+.y.'..\.. t.'. alit.+ posses '•n of the Premises to La ord a d shall provide a alwaccountmg7within 60-a ,,s ai•r termination of the tenancy and deli •ry of possession of the Pr= ises to Landlord. If they• isaht1re than one person listed ali:ye,as'`Tenant, Agent may, in Age s •' cretion,pay said balance t• any such person, and the ••ler person(s),agree to hold Agent arin0s for such action. If the ant's address is unknown to th• andlord, the Landlord •••y.deduct the'above amounts an. shall„then hold the balance o e Tenant Security Deposit for t • enant's collection for . ix-month period beginning upon . e termination of the tenancy • id delivery of possession by the T, ant. If the Tenant fails : make demand.for the balance.of e Tenant Security Deposit w• in the six-month period,the Landi• d shall not thereafter be I' •le to the Tenantfor;a refund of th- enant Security Deposit or a part thereof. If the .ndlord removes Agent . Agent resigns,the Tenaiit,agrees t •• vAgent'may transfer any Te t Security Deposit held by Agent h- under to the Landlord o• the Landlord's designee and:they-: .er notify the Tenant by m . of such transfer and of the transfere•'•name and address. The enatit agrees that such action by • ent shall relieve Agent off er liability with respect to the Tenan ecurity Deposit. If •'lord s interest in the Premises t• • Mates(whether by sale, ssignment, death, appointment of rece er or otherwise), Agent all transfer the Tenant:Security,D,�.osit in accordance with th rovisions of North Carolina General S •tutes §42-54. `' '=`a ' 5.Tenant's Obligations: Unless otherwise agreed upon;the Tenant shall: (a) use the Premises.for.residential purposes'only and in a manner so as not to disturb the other tenants; (b) not use the Premises;foriany unlawful or imntorai;purposes or occupy them in such a way as to constitute a nuisance; (c) keep the Premises, including but not limited?to all plumbing fixtures, facilities and appliances, in a clean and safe condition; t (d) cause no unsafe or unsanitary condition in the common areas and remainder of the Premises used by him; (e).0-comply with any and all obligations imposed upon tenants by applicable building and housing codes; (f) dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner and comply with all applicable ordinances concerning garbage collection,waste and other refuse; (g) use a properand reasona ble manner all electrical,plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and afpliaLes;tif any furnished as a part of the Premises; -(h) 'not deliberately dr negligently destroy, deface, damage or remove any part of the Premises (including all facilities, appliances and fixtures)or permit,`any person,known or unknown to the Tenant,to do so; tilievl A3 flu id ly e-y-.4' (i) pay the„costs of.all:•utility services to the Premises which are billed directly to the Tenant and not includedas a part of the rentals,including, btit'iiotlii:nited to,water,electric,telephone,and gas services; (j) conduct himself and require all other persons on the Premises with his consent to conduct themselves in a reasonable manner and so as not to disturb other tenants' peaceful enjoyment of the Premises;and (k) not abandon or vacate the Premises during the Initial Term or any renewals or extensions thereof. Tenant shall be deemed to have abandoned or vacated the Premises if Tenant removes substantially all of his possessions from the Premises. Page 2 of 6 STANDARD FORM 410—T Tenant Initials Revised 10/2009 CO 7/2011 Co.. t/ i1 A fte-,..f- • RESIDENTIAL RENTAL CONTRACT RESIDENT: , ;5.5e A-I J AAA4 AA.ekeso- d kr-r`A7,,4 ._r, 'ate-eV'G..k J ("Tenant") OWNER: 50,tt L. IA-vim T- IISS'y A--�o'-h c I , 4,14,4,,t-t l' ("Landlord") REAL ESTATE MANAGEMENT FIRM: /�f A" // A'SJe ("Agent") PREMISES: City:A /(L g/Ai � County: ,e ,.,r..; State of North Carolina ixt Street Address: / g j s U! / /. /oft- L ❑ Apartment Complex: /VA Apartment No. NA 0 Other Description(Room,portion of above address,etc.):_ INITIAL TERM: Beginning Date of Lease://s-/,z Ending Date of Lease: Y-/5—di,2 RENT:$ 38�• PAYMENT PERIOD:Al monthly ❑ weekly ❑yearly 5l1walk:,y,56o0.u' /y(,r LATE PAYMENT FEE: $ /VA OR .5 �'"%of rental payment,whichever is greater (State law provides that the late fee may not exceed$15.00 or five percent(5%)'of the rental payment,whichever is greater.) RETURNED CHECK FEE:$ (The mccrimum processingfee allowed under State law-'is$25.00) IISEEISPR' DEPOSIT: $ ti° to be *Posited with: (check one))/ Landlord 0 Agent LOCATION OF DEPOSIT:(" ): • <</4_d l /&,x}'/. 4'- 0 4- /,4'Trzi BANK ADDRESS: A/t¢ „ ^. , FEES FOR COMPLAINT FOR SUMMARY EJEC" AND/OR-MONEY OWED `paragraph 16) (NOTE: Landlord may • charge and retain only one of the following fees " ddition'to any court,ebsts) - ti- • COMPLAIN G FEE: $ OR'=':% %d of.•r•• • payment, whichever is greater(Fee y not exceed $15.00 or z ent(5%)of rental payment whz�hever is gre. )L-s .,� • COURT A EARANC E: %of rental payTnent-I e may not exceed ten percent(10%)of rental payment.) • SECOND TRIAL • %of rental paym • Fee may not exceed;ti elve percent(12% of the rental payment.) ,; if' PETS: ❑PETS NOT ALLOWED g PETS ALLOWED NONREFUNDABLE PET FEE(if pets allowed): $ /VA TYPE OF PET PERMITTED(if pets alloy ed) ,-" ,1",:., n/4 .1:', ram. �r,, PERMITTED OCCUPANTS(in addition to Tenant) A t:61.4•, `f kjd7 IN CONSIDERATION:_of:the-promises contained<in.this Agreement,Landlord, ,hereby agrees to lease the Premises to Tenant on the folloaking•,termsand conditions: z. ` new 1. Termination and Real YE N1E-R LORD-OR TENANT MAY TERMINATE THE TENANCY AT THE EXPIRATjON,OF..>THE INITIAL;TERM BY GIVING WRITTEN NOTICE TO THE OTHER AT LEAST 3o DAYS PRIOR TO THE EXPIRATION DATE OF THE INITIAL TERM. IN THE EVENT SUCH WRITTEN NOTICE IS NOT GIVEN OR IF THErTENANT HOLDS OVER BEYOND THE INITIAL TERM, THE TENANCY SHALL AUTOMATICALLY BECOME A AO ,_ .-- . : (PERIOI)).PTO flp (PERIOD) TENANCY UPON THE SAME TERMS AND CONDITIONS-CONTAINED HEREIN-AND MAY THEREAFTER BE TERMINATED TENANT GIVING lfH 30 1-"• DAYS WRITTEN NOTICE PRIOR TO THE LAST DAY OF THE THEN CURRENT PERIOD OF THE TENANCY. 2.Rent: Tenant shallpay the Rent, without notice, demand or deduction,to Landlord or as Landlord directs. The first Rent payment, " , shall be due on -15-a (date).Thereafter, all rentals shall be paid in advance on or before theme day of each subsequent Payment Period for the duration of the tenancy. /5 4< Page 1of6 I t North Carolina Association of REALTORS®,Inc.Tenant initials A STANDARD FORM 410—T Revised 10/2009 ©7/2011 R EALTO R° Exhibit to Residential Rental agreement and Purchase Agreement on 138 Sailfish, Holden Beach,N.C. 28462 The following are additional terms and provisions of the TWO (2) above referenced agreements signed by the parties listed below: 1. Both parties agree and acknowledge that the Residential Rental agreement executed by the parties is the controlling agreement and that the Purchase Agreement becomes effective once the Tenant/Buyers are in a position to pay off the balance of the amount due per the amortization schedule attached to the agreement. 2. Tenant/Buyer agree that the $50,000.00 deposit(already paid) is considered a non-refundable deposit toward the rent and subsequent purchase of the property. 3. Tenant/Buyer must be able to close on or before the 15 day of April, 2022. At any time prior to the required closing date, the Tenant/Buyer may pay the balance due per the attached amortization schedule (without penalty), and the Landlord/Seller will have FORTY-FIVE(45)days to provide the Tenant/Buyer with a General Warranty Deed. 4. Tenant/Buyer will be required to fix and repair any and all malfunctions or defects that may arise while maintaining the property. Landlord/Seller is only responsible for repairs of the home resulting from covered perils under the Landlord/Sellers insurance policy. 5. All modifications to the property will be at the Tenants/Buyers request and shall be paid by the Tenant/Buyer. The Landlord/Seller shall be held harmless for any unpaid claims or liens resulting from the modifications. 6. Tenant/Buyer is responsible for all insurance coverage for his own personal belongings. 7. Tenant/Buyer is responsible for the payment of all utility bills, including but not limited to, water, sewer, electricity etc. 8. The property will be sold to the Tenant/Buyer in an"AS IS" condition on the date of closing. Date of closing being the date that the Tenant/Buyer is ready, willing and able to "Close"on the property. 9. All monies received by the Landlord/Seller,to include the deposit($50,000.00) and all monthly rental amounts ($3,800.00), or yearly rental amounts ($45,600.00), are immediately retained and earned by the Landlord/Seller and non-refundable to the Tenant/Buyer, upon breach of the agreement between the parties. Upon proper and compliant execution of the agreement between the parties, ALL monies shall be applied toward the amortization schedule attached and applied toward the agreed upon purchase price pursuant to the Purchase agreement. 10. Tenant/Buyer had the opportunity and in fact did inspect the property prior to the execution of this and all other agre �e Lments. //� a . /Air �o�.fial ao�r eyit- '1 ,L 1g/f /�r-J ri^S A 1— Tenant/Buyer an 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 OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY RE YOU SIGN IT. Date: Date: 44' 1 Buyer (SEAL) Sell S (SEAL) Date: 2- Buyer (SEAL) -. :'(SEAL) I. Date: Date. F'V.. Buyer (SEAL) Seller • . (SEAL) \1 Vt. ti 4. - d; � 1( ?c a' •k ,--' '"'4tJ C'.y v' i;' i . tY ..4 440 Ne Page 2 of 2 STANDARD FORM 245-T Revised 7/2011 0 7/2011 2 pp / SELLER FINANCING ADDENDUM Property: 138 Sit l , f 1 di. / p„ emr'< /J C ,y6 2 Seller: i41- L. A- d 1iPr Ft T l-t Lk e y Buyer: josse A-rl JoAAAJIk' "��/C3 ^4) This Addendum is attached to and made a art ff f the Offer--t1oo Purchase and Contract("Contract") etween Seller and Buyer for the Property] 4d f IS 6.4 et4 N A k..ldl./ / /�/�►'�P/ 47 r-d-f-,,.4eL /° /4.7 (0-41/4 f. 1(1( u�. Seller agrees to provide Buyer with Seller Financing in the amount set forth in Paragraph �of the Contract on the following terms and conditions: 1. 2. Th"need of T_ itshan be,,0 r..,.. 0 _ _d lie pr' o linn�s�ch�tl not pv..�.�d_t],o ..e�.f ehel ---`Fu wc' n t h 5'( of'the��n�� 3. The Seller Financin 11 bear terest prior to default at the rate of r"•b %p'er,annum and shall be payable as follows: (,20 pP�{{ > o , 3Gb. ®�- .«o•�( o.- 1/i 6c» �,- y alp! O-'t t ikd a 4- th "4%14y1.M.:., a,• tI-PS-I+01L. PAyrr‘f! k 3330. 62 /fp, t i.t A-d-467{, 3 Its ''S- .F#yi; / The Seller Financing shall bear interest after default at the fate of ;, %per annum. 4. Unless otherwise provided herein, the Note may be prepaid in whole o'rfin hart at any time without penalt . If there are any restrictions i 't on this re ayment/Iright,the restrictions are as follows ,._ ! /t 4J t, se44G . It Ali e e 14 I,. k l�! it o..ea o- P .14 � os(1 oM 4/ Fl o.! sot fr.(For,r . A ?-/5,�;y; iyo� �,,�7 III le A9833.16.) 5. Die Seller Frnarfcing p shall 0 shall not become:due and payable ta(:cordance with the terms of the D6ed of Trust upon Buyer's sale or other transfer of the Property. ' - 6. Additional Seller Financing terms(if any): ,'. H: T 7. Unless otherwise provided herein,the Note and Deed of Trust shall be in form of and contain the provisions of the currently approved North Carolina Bar Association Forms4:t nd-5,completed in accordance with the terms provided above or contained in this Contract. ,�.-k ; / 0.-1 t } wyy x. NOTE:I the event of Buyer's t of the Seller Fi , Seller's remedi ely be limited to fore e of the Prope If a deedff trust given- m ecure Seller Finan ' is subordinate to, later subordinated to, se . ancing, and such for financingn5•subse y:foreclosed, the er will likely have medy to recover under the e or Deed of Trust. advice of an attorney is ommended prior to er agreeing to prov• seller financing. 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. Page 1 of 2 This form jointly approved by: STANDARD FORM 2A5-T I ; North Carolina Bar Association A Revised 7/2011 North Carolina Association of REALTORS®,Inc. ©7/2011 REALTOR8` or>c+rNUMIT10. Buyer initials Seller initials ,.L. ' /ice • BUYER: SELLER: Individual Individual Date: Date: Date: Business Entity Business Entity (Name of Entity) (Name of Entity) • By: By: . Name: Name: ti Title: � tTtile "�. Date: " • Date . •Ai Y The undersigned hereby acknowledges r pt of the Earnest Mone t.forth herein and agrees to h said Earnest Mone accordance with the terms hereof. /11I�/ ,�, ''(Name 4Firtn) Date: / By: • • i Page 8 of 8 • STANDARD FORM 580-T Revised 1/2011 7 7/2011 (b) Compliance: To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, ' rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound;and(iii)there are no legal actions,suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action,suit or other proceeding. Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments,and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement. t • Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This form has only been approved for use in North Carolina. - s NA; Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires.to-effect a tax-deferred exchange in,'connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however,that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging party shall not assume any additional liability with respect to such tax-deferied-excliange. Seller and Buyer shall execute such additional documents,at no cost to the non-exchanging party,as shall be re aiyyred to give effect to this provision" -'y Section 20. Memorandum of Contract: Upon request by either party,•the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof(othetthan the Purchase Price and other sums due)as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum(which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne,by the party requesting execution of same. Section 21. Authority: Each signatory.to,this Agreement:represents' and warrants that he or she has full authority to sign this Agreement and such instruments as maybe necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or;her signature binds such party. Section 22. Brokers: Except as expressly provided herein,Buyer,and Seller agree to indemnify and hold each other harmless from any and all claims of brokers,-consultants or real estte agents by, through or under the indemnifying party for fees or commissions arising out of the sale of the Propertyto Buyer. Buyer and Seller represent and warrant to each other that (i)except as to the Brokers designated under Section 1(I)of this:'Agreement,they have:not employed nor engaged any brokers,consultants or real estate agents to be involved in this transaction,and (ii)'that the,compen"sation of the Brokers is established by and shall be governed by separate agreements entered into as amongst theB"rokers th.e.Buyer and/or the Seller. - 4 � ti ❑ EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either iii whole or in part) with an}`•`exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller ma'lesno representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to'conditions'related,to orp}ccasioned by the existence of such materials at the Property. 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 OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Page 7 of 8 Buyer Initials Seller Initials .56✓ k^- STANDARD FORM 580-T Revised 1/2011 CO 7/2011 Clean.Water Act of 1977(33 U.S.C. §132 1)or listed pursuant to Section 307 of the Clean Water Act of 1977(33 U.S.C. §1317),(v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976(42 U.S.C.§6903)or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980(42 U.S.C. §9601).Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein,shall be borne by Seller.Except as to maintaining the Property in its same condition,Seller shall have no responsibility for the repair of the Property,including any improvements,unless the parties hereto agree in writing. See AIA7i!d Section 10.Earnest Money Disbursement: In the event that any of the cond• ns hereto are not satisfied,or in the event of a breach of this Agreement by Seller, then the Earnest Money shall be re *o Buyer,but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer epted and Buyer breaches this.Agreement,then:the Earnest Money shall be forfeited,but such forfeiture shall not aff y other r: 1edies available to Seller for such•bteach.NOTE:-In the event of a F, dispute between Seller and Buyer over th or forteitur . rnest Money held in escrow by.1 lbcensed real estaterbroker, the broker is required by state law to n said Earnest Money n •trust or escrow account until it has obtained a written release from the parties consenting to it ' osition or until disbursement is ordered by a court of competent jurisdiction,' the party holding the Earnest ney may deposit the disputed monies with the appropriate:clerk of court in accordance_with-the provisions of • Section 11.Closing:At or before Closing,Seller shall deliver to Buyers general wartaint)deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller1insimilar,transactions,alluding w,Lithout limitation,a bill of sale . for any personalty listed on Exhibit A, an owner's affidavit, l en•waiver forms and a nonign slaius affidavit (pursuant to the Foreign Investment in Real Property Tax Act),and Buyer shallpayt'oi,'Seller the lfiu ee, chase Price:At;.Closing,the Earnest Money shall be applied as part of the Purchase Price. The Closing shall lie condiretir"by Buy is attorney or iilndled in such other manner as the parties hereto may mutually agree in writing. Possession.shall be delivered raf Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not`b ;disbursed until Closing has taken place. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing_and shall be deemed to have been properly given and received on the date delivered in person or deposited in'die Unitea'Slates mail,registered or certified,return receipt requested,to the addresses set out in Section 1(g) as::to,:Selierand in Section 1(h) as to'Btiyer, or at such other addresses as specified by written • notice delivered in accordance herewith. Section 13. Entire Agreement: This Agreement constitutee,the sole and entire agreement among the parties hereto and no modification of this Agreeym�ent shall be binding unless in writing arid signed by all parties hereto. ERyi A hill I/4jr r..r-I6 41 ,es. l t-=i . Section 14. Enforceability: :Tliis:Agreement s all become a contract when signed by both Buyer and Seller and such signing is communicated to both parties:,it being,expressly agreed that the notice described in Section 12 is not required for effective communication/or the purposes°.of this Section44:Thiss Agreement shall be binding upon and inure to the benefit of the parties,their heirs,successors and assigns and their>peisonal reltesentatives. il :` • Section,1"5.Adverse Information and Compliance with Laws: • '( .-Seller`Knowled¢e• Seller;has no actual knowledge of(i)condemnation(s) affecting or contemplated with respect to the Property; (i)ta4i.onr;` diis orfproceedings pending or threatened against the Property; (iii) changes contemplated in any applicable laws, ordinances or restrictions:::affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk,paving,water,sewer,or other improvements on or adjoining the Property,and no pending or confirmed owners'association special assessments;except,as'follows(Insert"None"or the identification of any matters relating to(i)through(iv)above,if any): ,,t; . Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending"special assessment is defined as an assessment that is under formal consideration by a governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein,if any. Seller represents that the regular owners'association dues,if any,are$ �0?CO,0o per t//q-- Page6of8 Buyer Initials Seller Initials , ,./ �i STANDARD FORM 580-T Revised 1/2011 ©7/2011 (e) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during n• o: 'usiness ' . hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, performing soi .'ring and other testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on-site inspec•• s, examinations, soil boring and other testing,timber cruises and surveying of the Property in a good and workmanlike mann rail repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner t. 'oes not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect,Buyer shall e reasonable efforts to undertake on- site inspections outside of the hours any tenant's business is =�' to the public and sh: ,ive prior notice to any tenants of any entry onto any tenant's portion of the Property for the purpose f it' ucting inspect'=.s. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer sha • h' e a ri:' o review and inspect all contracts or other agreements affecting or related directly to the Property and shall be iii d,to re ' . such books and records of Seller that relate directly to the operation and maintenance of the Property,provided, ho ever, • Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law and the . . all be regarded as confidential, to-any person,-except to its attorneys, accountants, lenders and other professional adviso in which case Buyer shall obtain.:.their agreement;to maintain such confidentiality. Buyer assumes all responsibility the acts of itself, its agents or representatives*exercising its rights under this Section 6(e)and agrees to indemnify and ho . . eller harmless from any damages resulting therefromh:Tbii indemnification'obligation of Buyer shall survive the Closing or '• ier termination of this Agreement. Buyer shall, at Buyer's'expense, promptly'repair any damage to the Property caused by : i er's entry and on-site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date throw,. the end of the Examination Period to perform;the above inspections, examinations-and testing. IF BUYER CHOOSES N• ' TO PURCHASE THE PROPERTY, FOR ANY%;REASON OR NO REASON;',AND PROVIDES 4.. WRITTEN NOTIC. 0 SELLER THEREOF PRIOR TO THE EXPIRATION`OF THE EXAMINATION PERIOD,THEN THIS AGREE a T SHALL TERMINATE,AND BUYER SHALLItECEIVE A'RETURN OF T EARNEST MONEY. `_ �+ :ems`` ,,. Section 7.Leases(Check one of the following,as a licable • f :°' �' ' ', ''e CI If this box is checked, Seller affirmatively represents�'and.wanuifts that there are''no Leases (as hereinafter defined) affecting the Property. „1z. .s, ., or fir 4 . If this box is checked,Seller discloses that there are.•one or moreleates affecting the Property(oral or written,recorded or not-"Leases")and the following provisions are hereby made,a part;of this Agreement:-• (a) All Leases shall be itemized on•Exhibit B; 404,,, 44,w,,,,/ ! L &l✓ <,, ,. ; '4 J1 :.: . - Y (b) Seller shall deliver copies of any Leases to-Buyer pursuant to_Section 4 as if the Leases were listed therein; ,,, ."4ta 'Jj�a :�'. '.ice' (c) Seller represents and warrants that as of the Contt4e1 Date there are no current defaults(or any existing situation which, with the passage of time,or the giving of notice,or lo,.,, or at the election of either landlord or tenant could constitute a default)either by Seller,as landlord,or by a"ny`ltenant under any Leas:,("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees to provide:Buyer,with,a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord a `ithe,,Contract Date, and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed,asserted or threatened-to-be asserted by either Seller or a tenant under the Lease. (dyin'a'ddit on to the conditions provided in Section 6 of this Agreement,this Agreement and the rights and obligations of the parties under this Agreement arehereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer. in formiand content acceptable to Buyer(with tenant's written consent and acknowledgement,if required under the Lease),and Seller -Pfagrees to iseuits4liest efforts'o•effect sticli assignment. Any assignment required under this Section 7 shall be required to be delivered at or before lo'stug by Sell'ei ri additio to those deliveries required under Section 11 of this Agreement. (e) Seller agrees to deliver an assigmnent of any Lease at or before Closing,with any security deposits held by Seller under any Leases to be transferred,or credited to Buyer at or before Closing. Seller also agrees to execute and deliver(and work diligently to obtain any tenant signatures necessary for same) any estoppel certificates and subordination, nondisturbance and attornment agreements in such form as Buyer may reasonably request. Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law,within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table(49 CFR Part 172.101)or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4)and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii)asbestos, (iii) polychlorinated biphenyls, (iv)designated as a Hazardous Substance pursuant to Section 311 of the Page 5 of 8 Buyer Initials Seller Initials Ski 1/`-- STANDARD FORM 580-T Revised 1/2011 ©7/2011 • • Buyor shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement and the following: . Each party shall pay its own attomey's fees. • Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance policies, surveys and copies of all presently effective warranties or service contracts related to the Property.Seller authorizes(1)any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys;and(2)the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's(or title insurer's agent's)file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does not consummate the Closing for any reason other than Seller default,then Buyer shall return to.Seller all materials delivered by Seller to Buyer pursuant to this Section 4(or Section 7,if applicable),if any,and shall,upon Seller's request,provide to Seller copies of(subject to the ownership and copyright interests of the preparer thereof)any and all studies,reports,surveys and other-mformation relating directly to the Property prepared by or at the request of Buyer,its employees and agents,and shall deliver to Seller,upon the release ofthe Earnest . Money,copies of all of the foregoing without any warranty or representation by Buyer as to the contents,accuracy or correctness thereof. Section 5.Evidence of Title: Seller agrees to convey fee simple-marketable insurable title to the PropertOtee and clear of all liens,•encumbrances and defects of title other than: (a) zoningordinances affectiri€ the.Property, Leases, if applicable) and c & (b) (� PP ) ( ) matters of record existing at the Contract Date that are not objected to by-Buyer prior toile end of the Examination Period("Permitted Exceptions"); provided that Seller shall be required to satisfy, at or:prior to.Closing, any;encumbrances'that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. `fS:eller shall"not enter into or record any instrument that affects the Property(or any personal property..,irsled:on Exhibit'A)after the Coiitfact Date without the prior written consent of Buyer,which consent shall not be unreasonably withheld conditioned or delayed. ;`: l''; '.4. !'v' 4 Section 6.Conditions: This Agreement and the rights an ,zobligations oft1( 3).arties under this Agreement are hereby made expressly conditioned upon fulfillment(or waiver by Buyer,wheth explicit or impliel)afthe following conditions: x (a) New Loan:The Buyer must be able to obtain the loan;;ii'any,referetice ' ection 1(bxii).Buyer must be able to obtain a firm commitment for this loan on or before t� :_.,' , effective through the date of Closing. Buyer agrees to use its best efforts to secures such:commitmetkand to .sb Seller immediately upon receipt of lender's decision. On • 1. or before the above date,Buyer has the right to'termtitate:,this A went for t•lure to obtain the loan referenced in Section 1(b)(ii)by delivering to Seller written notice of termination by tlibi .,e,date, t' b of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Moky 1 be refund .If Buyer fails to deliver such notice,then Buyer will be deemed to have waived the.ioan condition. 'i• standing the f e n fter the above date,Seller may request in writing from Buyer a copy of the commitment letter. If er fails ttttprovide Sell r a copy of the commitment letter within five(5)days of receipt of Seller's request,then Seller.may to ate this.Agreem ntby written notice to Buyer at any time thereafter,provided Seller has not then received a copy of the co ent-leue ,and Buyer_shall receive a return of Earnest Money. • (b) Oualification for Financing:If Buyer.is to assume any' edness in cone tion with payment of the Purchase Price, Buyer agrees`(o :its best efforts,to qualify for•the assumpti ould Buyer fail t Buyer shall notify Seller in writing immediately upon lei der's decision,',vyhereupon this Agrees shall terminate,and B hall receive a return of Earnest Money. c'Title:ExanYur a lon: Aftei e Contract Date,Buyer shall,at Buyer's expense,cause a title examination to be made of the ~G.} � f�. Y Y P Property before, aTeiia oftlierExamination Period. . In the event that such title examination shall show that Seller's title is not fee simple marketable and insurabIsubject only to Permitted Exceptions,then Buyer shall promptly notify Seller in writing of all such title defects and exceptions,in_4o`case later than the end of the Examination Period, and Seller shall have thirty(30)days to cure said noticed defects. If Seller does'not cure the defects or objections within thirty(30) days of notice thereof, then Buyer may terminate this Agreement and recel+e a return of Earnest Money(notwithstanding that the Examination Period may have expired).If Buyer is to purchase title insurance,tote insuring company must be licensed to do business in the state in which the Property is located.Title to the Property must be insurable at regular rates,subject only to standard exceptions and Permitted Exceptions. (d) Same Conditioq: If the Property is not in subst, ' to same condition at Closing as of the date of the offer, reasonable wear and tear excepted,then the Buyer may • nate this went and receive a return of the Earnest Money or(ii) proceed to Closing whereupon Buyer shall be e ' to receive, in ad • 'o the Property, any of the Seller's insurance proceeds payable on account of the damage or des • n applicable to the Prop Page 4 of 8 • Buyer Initials Seller Initials .0 1/\ i STANDARD FORM 580-T Revised 1/2011 0 7/2011 (c) "Closing" shall mean the date and time of recording of the deed. Closing shall occur on or before • i- /5 -,to,z,L or ,>oo'`!•-• (+ 1lj rt l/ ✓✓a . 1>y /4/f1^ 4r1 (d) "Contract Date"means the date this Agreement has been frilly executed by both Buyer and Seller. (e) "Examination Period" shall mean the period beginning on the Contract Date and extending through 1{-I6' !x TIME IS OF THE ESSENCE AS TO THE EXAMINATION PERIOD. (1) "Broker(s)"shall mean: Q N/r :' (`Listing,Agency"), ("Listing Agent"-License# ) Acting as: ❑ Seller's Agent; ❑ Dual Agent ' and _�. ( elling Agency"), ("Selling Agent"-Lichise# ) Acting as: ❑ Buyer's Agent; 0 Seller's(Sub)Agentt; 'CIDual Agent (g) "Seller's Notice Address"shall e as follows: : I /� ;r"'� t1 A- v r E/tt, t1, k.c..' ivC 0,8337 except as same may be changed pursuant to'Section 12. • (h) "Buyer's Notice Address":shall be as follows: . 1995t S.7. wrs4- .r=Alec, yNC 83t� ti - except as sai ie•may'be changed pursuant to Section 12. 0 (i) If this bloc s marked ; additional terms of this Agreement are set forth on Exhibit B attached hereto and •,:.incorporated her ce:ein by'referen :(Note: Under North Carolina law, real estate agents are not permitted to ;.'' ,r draft conditions'or`contingencies to this Agreement.) Section•2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase:Price . ., 4 ., ., rt M wL L i Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this"Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes required by law,and the'following: Page 3 of 8 Buyer Initials Seller Initials S(,./ STANDARD FORM 580-T Revised 1/2011 ©7/2011 • D ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT,AND: (check only ONE box) D ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Number is: ) D ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. $ JA (ii)Proceeds of a new loan in the amount of Dollars fora term of years,with an amortization period not to exceed years, at an' interest rate not'=to exceed % per annum with mortgage loan discount`points not to exceed' `':'` %..of the loan amount,or such other terms as may be set forth on Exhibit B. Buyer shall pay all costs associated with any such loan. ,,. $ x4 (iii) Deliver, of a promissory' note secured by_a deed oft ust, said promissory note in the amount of ' s': • Dollars being payable over a term of year's,with an amortization period of .."' years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate of " �ti,``< ercent %))'per annum in the amount of$ P ( )P with the first principal payment beginning"on the first dayozif the month next succeeding the date of Closing, or such other terms'asrmay be set forth on Exhibit B. At any time,the promissory note may be prepaid in whole or in part Without_penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE:'In=the event ofBnyer's.subsequent default upon a promissory note and deed of trust given hereunder,Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is"subord_inatcd‘to senior financing, the material terms of such financing must be set forth on Exhibit B. �If,such senior financing is subsequently foreclosed, the Seller may have no remedy-to recover under,the note.) $ /vc (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such obligation having an outstanding principal balance of$ andJevidenced by a note bearing interest at the rate of percent( %) per;annum,and a current payment amount of$ . The obligations of Buyer under this Agreementare conditioned upon Buyer being able to assume the existing loan described above. If such assumption n:requires the lender's approval, Buyer agrees to use its best efforts to secure such approval and"to advise-Seller immediately upon receipt of the lender's decision. Approval must be granted on or before . On or before this date,Buyer has the right to terminate this Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of termination by the above date, (line being of the essence. If Buyer delivers such notice, this ,, ;""';Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such:notice,'.then Buyer will be deemed to have waived the loan condition. Unless provided otherwise in Section 3 hereof, Buyer shall pay all fees and costs associated with any such assumption, including any assumption fee charged by the lender.At or before Closing, Seller shall assign to Buyer all interest of Seller in,any current reserves or escrows held by the lender, any property management company and/or Seller, 'including but not limited to any tenant improvement reserves, leasing commission reserves, security deposits •and operating or capital reserves for which Seller shall be credited said amounts at Closing $ 30o fbO. (v)Cash,balance Adne+t'/, ��/ a'/_ - Dollars/` t-- 14 Se 1/r F,;,k t'j t4d,14,^ A k k/ 4 IA) ikyn/ "A A- I ` to >1c✓ kn.' - Q y 0'744- I/(� el li.prv✓t i A g/S rth' /6,/+19 43i/ -r .l /1 Page 2 of 8 Buyer Initials Seller Initials S✓ �� STANDARD FORM 580-T Revised 1/2011 0 7/2011 ( : fREALTOS' IAI1iance AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY I t _______.... 0 REALToa°North Carolina Association of REALTORSe THIS AGREEMENT including any an 4 and alladdendp attached hereto("Agreement"),is by and between . S.SC Ac fl r AAAA 'td/a -,, �-3% D' A`a$t7,n)J k-' 4'4aC 44'kIJ.J a(n) ("Buyer"),and (individual or State of formation and e f entity) / 5fa r4 L . �f t)kv5sA T: Us' y D� 455 J� 4,5•,4-i‘,44-t�'✓- , a(n) ("Seller"). /// (individual or State of formation and type of entity) FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET `IURTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY..OF WHI •CH:,ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: _'fY.." ' "-`:i . Section 1.Terms and Definitions: The terms listed below shall have the respective mean` .gi 'en tlfem as set forth adjacent to each term. .. (a) "Property": (Address) 1.;8 5Ai 1 v P;I:7:-J, Aihla g ACC A11 ,z Yb1 roperty Address /-. Plat Reference: Lot(s) 1298 ;IBlock,,or Section ,. Hero , as shown on Plat Book or Slide 9 at Page(s) 13 4 ( tl%�f.•�icoimty,consisting of acres. • ❑ If this box is checked, `Propet y' shall mean that property>.described on Exhibit A attached hereto and incorporated herewith by reference, d44:,ivf,, ' � y "4rilp,? - _" �� / /1 fkt - 9113 (For information purposes:(i)the tax parcel numKer ofhhe Property is: ��6 A A Qet$ j "?8 //R'+w-Arc's and, (ii)some or Oof the Pro, erty, consisting?of approximately -- * acres, is d cribed in Deed Book B,Z68il , Page No.P Ito 61 /3/44..S..4 c i County.) together with all buildings and impi`b'eme>� thereon anafill fixtures and appurtenances thereto and all personal property, if any, itemized on Exhibit A. `.... ;,, 3 5 000 '''i'''''''' 1 14 (1a 4#y , (b) "Purchase •Prree sll mean the sum of in ash- �eb Dollars; >payable on the following terms: /0t)$ 66 0 s (r7" "shall mean �j {/ j usq O f}y r1 — Dollars / J /� orter;i. sasfollows: A/I4�, "Ad A-d 1^,.eel;A/CI r�-ACd A-ei ft4t"tl Yby 14 St (#- (,ta4� .JA1() 'Upon this Agreement becoming a contract in ccordance with Section 14, the Earnest Money shall be promptly deposited in escrow with 4/i4 (name of person/entity with whom deposited), to he applied as part payment of the Purchase Price of the Property at Closing,or disbursed as agreed upon under the provisions of Section 10 herein. Page 1 of 8 This form jointly approved by: STANDARD FORM 580-T I ; North Carolina Bar Association Revised 1/2011 North Carolina Association of REALTORS®,Inc. CO 7/2011 REALTOR® Buyer Initials Seller Initials 4.) b,,..--) Check • Deft Received Dote Deposited Check From(Name) Name of Permit Holder Vendor Check Number amount Permit Number/Comments Receipt or Refund/Reallocated CONImnr Column2 Column3 Columns Column5 Columns CONrnwt7 Column8 Column9 10/27/2020 •Lighthouse Marine Construction,Inc. Jeremyand Shelly Nonis Coastal Bank and Trust 3445 $ 600.00'GP#77673D JD rct.11770 10/27/2020 Lighthouse Marine Construction,Inc. Vance Wade Coastal Bank and Trust 3444 $ 200.00.GP#77672D JD rot.11769 10/27/2020 Richard Penny Construction,LLC !Scott Sutton Navy Federal CU 1171 $ 200.00 OP#77671D JD rot.11788 10/27/2020 Land to Sea Construction,LLC Felice&Richard Brenner FCB 317 $ 200.00 GP#77686D KE rct.12406 10/27/2020 VCC,Inc. Scott Ussery BB&T 7919 $ 400.00 GP#77662D Ben rct.11720 10/27/2020 VCC,Inc. Deborah Fish BB&T 7918 $ 200.00 GP#77661D Ben rct.11722 10/27/2020 VCC,Inc. Douglas Keith BB&T 7917 $ 200.00 GP#77663D Ben rct.11721 10/27/2020- Jerry Ennett Bruce and Patsy Jones Coastal Bank and Trust 3411_$ 400.00 GP#73582D JD rot.11771