20200548 Ver 1_1048 PCN Draft Submission 4-21-2020_20200421

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#*
20200548
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Alan Johnson:eads\adjohnson1
Select Reviewing Office:* Mooresville Regional Office - [phone]
Submittal Type:*
401 Application
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed?* r $570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: r New Project
r New Project w Existing ID
r Pre -Application Submittal
r More Information Response
r Other Agency Comments
r For the Record Only (Courtesy Copy)
r Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Alea Tuttle
ftio is submitting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: Evoke Indian Trail
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Union
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
1048 PCN Draft Submission 4.21.2020.pdf 36.15MB
Only pdf or Iv17 files are accepted.
Describe the attachments:
The attached Pre -Construction Notification (PCN) is being submitted on behalf of Multifamily USA represented
by Mr. Scott Bayer. The project site is located off Wesley Chapel Stouts Road at 5304 Rosetta Dr.
(35.051108,-80.642730) in Union County, NC. The applicant is seeking authorization for temporary impacts
to jurisdictional streams and temporary and permanent impacts to wetlands to develop a multi -family
residential community and associated infrastructure.

Sign and Submit
P By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
o I intend to electronically sign and submit the online form."
Signature:
Submittal Date: Is filled in autocratically.

CLearWater
C1earWater Environmental Consultants, Inc.
www cwenv.com
April 21, 2020
Mr. Bryan Roden -Reynolds
US Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive,
Suite 611
Charlotte, North Carolina 28262
RE: Evoke Indian Trail
Nationwide Permit 29 Re -application
Union County, North Carolina
USACE Action ID No. 2019-01147
NCDWR Project No. NIA
Mr. Roden -Reynolds and Mr. Wojoski:
Mr. Paul Wojoski
NC Division of Water Resources
401 & Buffer Permitting Unit
512 N. Salisbury Street
9th Floor
Raleigh, NC 27604
The attached Pre -Construction Notification (PCN) is being submitted on behalf of
Multifamily USA represented by Mr. Scott Bayer. The project site is located off Wesley
Chapel Stouts Road at 5304 Rosetta Dr. (35.051108,-80.642730) in Union County, NC.
The applicant is seeking authorization for temporary impacts to jurisdictional streams and
temporary and permanent impacts to wetlands to develop a multi -family residential
community and associated infrastructure.
A copy of this package has been sent to Mr. Byron Hamstead of the U.S. Fish and
Wildlife Service, and Mr. Alan Johnson of N.C. Division of Water Resources for review.
Should you have any questions regarding the attached PCN please do not hesitate to
contact us at 828-698-9800.
Respectfully,
Alea K. Tuttle, P.W.S. R. emen Rid e, P.W.S
Biologist Principal
Copy Furnished:
U.S. Fish and Wildlife Service — Byron Hamstead
N.C. Division of Water Resources Mooresville Office — Alan Johnson
32 Clayton street
Asheville, NC 28801
828-698-9800 Tel

Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- Begin Date (Date Received):
Prepare file folder Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]:
2. Work Type: Private Institutional Government Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
4. Property Owner / Applicant [PCN Form A3 or A4]:
5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]:
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
8. Project Location – Tax Parcel ID [PCN Form B1a]:
9. Project Location – County [PCN Form A2b]:
10. Project Location – Nearest Municipality or Town [PCN Form A2c]:
11. Project Information – Nearest Waterbody [PCN Form B2a]:
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Authorization: Section 10 Section 404 Section 10 and 404
Regulatory Action Type:
Standard Permit Pre-Application Request
Nationwide Permit # Unauthorized Activity
Regional General Permit # Compliance
Jurisdictional Determination Request No Permit Required
Revised 20150602
29
2019-01147
Evoke Indian Trail
✔
The applicant proposes impacts to development will include five residential buildings with sixty four residential units in each building
for a total of 320 units. The community will include a clubhouse amenity with a pool facility and a putting green. A total of 771
parking spaces are provided.
Scott Bayer
ClearWater Environmental Consultants
SAW-2019-01147
35.051108, -80.642730; 5304 Rosetta Dr, Seven parcels off Wesley Chapel Stouts Road behind Sun
Valley Shopping Center.
See attached Landowner Information
Union
Indian Trail
South Fork Crooked Creek
Yadkin Pee-Dee/ Rocky River/03040105
✔
✔
✔
Cyr ter
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters -of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899. /
Property Owner of Record: (/ 1 c+/4/Yl s i .S
Property Owner Address:
C A nc to
Phone Number:
Email address:
Property Location: L�,O'n-f_
Owner/Managing partner Signature:
Owner/Managing printed name: sc /
Date: (tA C_ � z o ,
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
www.cwenv.com

Evoke Indian Trail Landowners 
Parcels to be purchased by applicant for development (Agreement for Purchase Attached) 
Owner Name Address PIN Acres Deed Book/Page # 
Azar, Chris T & 
Cathy Anne 
(Video Stop 
Distributing, Inc.) 
5523 Orr Rd, 
Monroe NC 28110 07069125A 7.47 
* 
Kelly, Deborah K 
PO Box 2004 
Indian Trail, NC 
28079 
07069133 
14.43 (Total) 
* 
 07069133A 
07069133B 
07069212 
07069132A 
Moses, Linda 
3115 Wesley 
Chapel Stouts Rd, 
Monroe, NC 28110 
07069132B 
6.2 (Total) 
* 
07069149 

Parcels to include a sewer line easement 
Owner Name Address PIN Acres Deed Book/Page # 
Sun Valley 
Commons LLC 
231 Post Office Dr. 
Suite B8 
07090005P 1.224 * 
07090006D 23.1 3198/453 

* Parcels did not have deed book/page number listed in Union County parcel data  
REI\UO!l North Carolina Association
of REAL TORS®
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between
Multifamily OSA, LLC and or Assigns
a(n) NC LLC (''Buyer"), and
(individual or State or formation and type of entity)
Deborah Kell
a(n) Individual ("Seller"). (individual or State of formation and type of entity)
FOR AND rN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
Section l. Terms and Definitions: The lerms listed below shall have the respective meaning given them as set forth adjacent to each
term.
(a)"Property": (Address) S Parcels on Rosetta Lane Indian Trail NC 07069133A. 070691338, 07069133. 07069212.
07069132A
Plat Reference: Lot(s) __________ . Block or Section __________ , as shown on Plat Book or Slide
______ at Page(s) _______ . ____________ County, consisting of _______ acres.
xD If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated
herewith by reference,
(For information purposes: (i) the tax parcel number of the Property is: ___________________ .
and, (ii) some or all of the Property, consisting of approximately 14 . 43 Approx. acres, is described in Deed
Book _________________________ Page No. __ ,_County.)
together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any,
itemized on Exhibit A.
$
$
(b) "Purchase Price" shall mean the sum of Dollars
____________________________________ Dollars,
payable on the following terms:
Ten Thousand Dollars 10,000.00 (i) "Earnest Money" shall mean -----------------------
or terms as follows: To be deposited within 5 business days of execution of this
contract
Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be
promptly deposited in escrow with fsaacson [saacsun Shemla11 Altornev (name of
person/entity with whom deposited-"Escrow Agent"), to 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.
Pagelof8
ST ANDA RD FORM 580-T
Revised 7/2017
© 7/2018 Indian lra1I
0 ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE
PLACED IN A� lNTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box)
0 A:\fY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMDIT OF
THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED
UPON UNDER THE PROVISIONS OF SECTIO� 10 HEREIN. (Buyer's Taxpayer Identification
Number is:. ___________ _,
0 ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER
Il'i CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINI:'fG SUCH ACCOUNT
AND RECORDS ASSOCIATED TH EREWITH.
S _______ �N�/=A (ii) Proceeds of a new loan in the amount of ______________________ _
_____________________________________ Dollars
for a term of ___ __,ears, with an amortization period not to exceed ____ � ears, at an interest rate
not to exceed _____ ¾ per annum with mortgage loan discount points not to exceed _____ ¾
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.
S, _______ --'-N'-'/-=A (iii) De[iverv of a promissory note secured by a deed of trust, said promissory note in the amount of
_____________________________________ Dollars
being payable over a term of __ years, 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 percent ( %) per annum in the
amount of$ __________ , with the first principal payment beginning on the first day of the
month next succeeding the date of Closing, or such other terms as may 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 of Buyer'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 subordinated 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.)
$. ______ -=-N=/=A (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 $, ______________ and evidenced
by a note bearing interest at the rate of' percent
(_%) per annum, and a current payment amount of$ ____________ _
(v) Cash, balance of Purchase Price, at Closing in the amount of Dollars Dollars
(c)"Closing"shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shall occur on
or before _____________ or 30 (Thirty) days from the expiration of the examination
period
(d)"Contract Date"means the date this Agreement has been fully executed by both Buyer and Seller.
(e)IIExamination Period" shall mean the period beginning on the first day after the Contract Date and extending through
5:00pm (based upon time at the locale of the Property) on
180 (one hundred eighty) days from the execution of this contract. Seller willcooperate with buyer in rezoning this property to high-density multifamily at thebu er's ex ens
NCE AS TO THE EXAM/NATION PERIOD.
'yf'' Buyer Tnitials_---1--Nr-+...,,_ __ Selle< f,iti,� -.
Produced with zipForm® by ziplogix 18070 Fifteon M,le Road. Fraser. Mir.h,gHn 118026 ��pLoq,x.co")
STANDARD FORM 580-T
Revised 7/2017
©7/2018
Indian Trail
(t)"Broker(s)" shall mean:
________________ F_r_a_n_k __ Ma_t _e_r_a _________________ ("Listing Agency"),
___________ ..;cK.c..;ec...l_l'--e.;c..c;.r_W..;;i;.;:l;.;:l""ic...· am=..:.s__;U..:.n;.;;i;;.;o;.;:n�C;;;.o;;;.u=n ;.;;t""y __ ( "Listing Agent" -License # _______ )
Acting as: [!I Seller's Agent; O Dual Agent
and ______________ ---'M"'u=l'--'t"'i'-f'-'am"-'-'-i---· 1--'-y.._-"'U-=S""A'--______________ ("Se\ling Agency"),
_______ s_c_o_t_t_B_a_y,.__e_r_P_r_i_n_c_ip...._1_.e __ /_B_r_o_k_e_r _______ ("Sel ling Agent"-License# 195803 )Acting as: [!} Buyer's Agent; Q Seller's (Sub) Agent; 0 Dual Agent
(g)"Seller's Notice Address" shall be as follows:
PO Box 2004 Indian Trail, NC 28079
e-mail address: _______________________ fax number: _____________ _except as same may be changed pursuant to Section 12.
(h)"Buyer's. Notice Address" shall be as follows:
215 N Pine Street Charlotte NC 28202
e-mail address: _______________________ fax number: _____________ _except as same may be changed pursuant to Section 12.
0 (i) [fthis block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by
reference. (�ote: Under North Carolina law, real estate agents are not permitted to drart conditions or contingencies to
this Agreement.)
0 (j) If this block is marked, additional terms of this Agreement are set forth on the Additional Provisions Addendum (Form S81-
T)attached hereto and incorporated herein by reference.
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.
Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree rhal all property taxes (on a calendar year basis).
leases, rent·. mortguge payments and utilities or any other assumed liabilities as clcwilcd on auachcd Exhibit B, ir any, sh.ill be prorated
as of the <late of Closing. Seller $hall pay for preparation of a deed and all other documents necessary to perfot1n Seller's obligations
under this Agreement. excise tax (revenue stamps). any deferred or rollback taxes. and olhcr conveyance fees or taxes required by law.
and the following:
None
Buyer 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:
Buyer may request l(one)-30(Thirty) day extension of examination period with written notice.
Scott Bayer is a lis cineced NC Real Estate Broker and a principle in th is transaction
Each party shall pay its own attorney's fees.
Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible afti;:r the Contract Dale copies
of all material information re.levant to the Property in lhc possession of Seller, including but not limited to: Litle insurance polit:ics (uni.I
copies or any documents referenced Lbcrcin), surveys, oil test reports, environmental surveys or reports, site plans, civil drawings,
building plans. maintenance record and copies of all presently effective warranties or crvice contracts related to the Propeny. Seller
auLhorizcs fl) any attorney presently or prcvi~OL1sly 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 clisclo:;e all
materials in the Property's title insurer's ( or title in. urer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer
docs 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 or
(subject to the ownership and copyright interests of the preparer thereof) any aml all studies, reports, surveys and oLher information
relating directly to the Prop• y rcparc I by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the
release or the Earnc t Mone . cop1 ·s or all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy
or correctness thereof.
Page 3 of& .-,....-8 u ye r lnitials_�--0\--¼---r·eller lni __ 1 __ Produced with zipForm® by ziplogix 18070 Fifteen Mile Road. Fraser, Michigan 48026 www.ziplogix.com
STANDARD FORM 580-T
Revised 7/2017
© 7/2018
Indian Trail
Section 5. Evidence of Title: Seller agree� 10 convey tee simple insurable title lo the Property wilhow exception for mechanics' liens,
free and clear or all liens, i.;ncumbranct:s and defects ol'titlc other than; (al zoning ordinances affec ting the Property. (b) Leases (as de lined
in ccLiun 7, if applicable) and (c) speci fic instruments on the public record at the Contract Dale agreed to by 8uycr (nnt objected to by Buyer prior to the end of rhc Examination Period ), which speci fic instrnmenrs hall be enumerated in the deed refere nced in Section 11 (items S(a), 5(b) and S(c) being col lectively '•Pcrmincd Exception�''): provided that Sel ler shall be required to satisfy. ,n or prior to Closing, any encumbrances that may be satis fied by the payment of a fix eel sum of mo ney, such as deeds of' trust, mortgages or statutory
tiens. Seller shalt not enter into or record any inslrumcnl that affec ts the Properly (or any personal property listed on lhhibit A) after the
Contract Date without the prior written consent of Buyer, which consent shall not be unreasonab ly withheld. conclitioned or delayed.
Section 6. Conditions: This Agreement and the rights and obl igations of the parties under this Agreement are hereby made expressly
conditioned upon fulfillment (or waiver by Buyer, whether expl icit or implied) of the following conditions:
(a)New Lonn: The Buyer must be able to obtain the loan, if any, referenced in Sect ion 1 (b)(ii). Notwithstanding. a Il erN/A , Seller may request in writing from Buyer a copy of the commitment letter. If Buyer
fa ils to provide Seller a copy of the commitment leUl.'.r within live (5) days or r"c eipt of Seller's req uest. then Sel ler may terminate th is
Agreement by written not ice to Buyer at any rime thereafter. provided Seller has not then received a copy of the commitment letter, and
Buyer ·hal l rece ive n return of Earnest Money.
(b) Qu ali.fication for Assumption: The obligations of Buyer under this Agreement are conditioned upon Buyer being able
to assume the existing loan described above. If such assumption requires the lender's approval. Buyer agrees to u�c its best effo rts to
sec ure such approval and to advise Seller immediately upon receipt of the lender's decision. Approval must be granted on or before N/A . On or before this date, Buyer has the right to terminate this Agreement for failure to
be able lo assume the loan described above b de livering w Sel ler written notice of term ination by the above date. 1i111e being of the
essence. I I' Buyer delivers such notice, this Agreement shal I be null and void and Earnest Money shal l be refunded to Buyer. rr Buyer
fo ils to deliver such notice, then Buyer will be deemed to have waived lhis condition. Unless provided otherwise in Section 3 hcreol:
Buyer shall pay all fe es and costs associated with any such assumption, including any assumption fe e charged by the lender. Al or
be.fo re Closing, cllcr shnll as$ign lo 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 commi ssion reserve s,
security deposits and operating or capital reserves for which Seller shall be credited said amounts at Closing.
(c)Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the
Property before the end of the Examination Period. [n the event that such title examination shall show that Seller's title is not fe e
simple insurab le, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and
exceptions, in no case later than the end of the Examination Period, and Sel ler 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
rece ive a return of Earnest Money (notwi thstanding that the Examination Period may have expired). If Buyer is to purchase title
insurance, the insuring company must be licenSell to do business in the state in which the Property is located. Title to the Property must
be in urable at regular rates, subject only to standard exceptions and Permitted Exceptions.
(d)Same Co ndition: If the Property is not in substantially the same condition at Closing as of the date of the offe r,
rea:onablc wear and tear exeq,ted, then the Auyer may (i) terminate th is Agree ment and re ceive a return of the Earnest Muncy or (i i)
proceed to Closing whereupon Buyer shall be entit led to rece ive, in addition to the Property, any of the Seller's insurance proceeds
payable on account of the damage or destruction appl icable lo the Property.
(cJ rnspcc tions: Buy.:r. its agents or representati ves, at Buyer's expense and al reasonable times during normal business
hours, sha ll have the right to enter upon the Property for the purpose or inspect ing. examining. conducting timber cruises. a net
surveyi ng the Property; proviJcd. however, that Buyer shall not conduct any invas ive testing of any nature without the prior express
written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct all such on-site
inspections, examinations, testing, timber cruises and survey ing of the Property in a good and workma nlike manner, at Buyer's
expense, shat! repair any damage to the Property caused by Buyer's entry and on-site inspections and shal l conduct same in a manner
that does not unreasonab ly interfere with Seller's or any tenant's use and enjoyment of the Property. [n that respect, Buyer shall make
reasonable efforts to undertake on-site inspections outside of the hours Seller's or any tenant's business is open to the public. Buyer
shall provide Seller or any tenant (as applicable) reasonab le advance notice of and Buyer shall cause its agents or representatives and
third pm1y �erviee providers (e.g. inspectors. surveyors. etc.) to give reas onable advance notice of any entry onto the Prop erty. Buyer
shall be obligated to obse " d co mply with any terms of any tenant lease which conditions access to such tenant's space at the
ST AND ARD FORM 580-T
Revised 7/20 17 ©7/2018
Indian Trail
Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to
review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books
and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose
any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to
any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement
to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights
under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification
obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Except as provided in Section 6(c) ab ove, Buyer
shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing.
lF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES
WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATIO'.'I PERIOD, THEN
THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY.
Section 7. Leases (Check one of the following, as applicable):
0 [fthis box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined)
affecting the Property. d If this box is checked, Seller discloses that there are one or more leases affecting the Property ("Leases") and he
following provisions are hereby made a part of this Agreement. V"'W\0-14;\e, V\vY\,\..u t-.1. ()i"--f-!A.�-fc� VV\O
(a)A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants that as of the Contract Date,
other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on ExhibitB;
(b)Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein;
(c)Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which,
with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either
by Seller, as landlord, or by any tenant under any Lease ("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 after the 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.
(d)In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of
the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer
in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease). Seller
agrees to deliver an assignment 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. The assignment shall provide: (i) that Seller shall defend, indemnify and hold
Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and at torneys' fees) asserted
against or incurred b y Bu yer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing, and (ii)that Buyer shall defend, indemnify and hold Seller hannless from claims, losses, damages and liabilities (including, without
limitation, coUJ1 costs and attorneys' fees) asserted against or incurred by Seller which are caused by or the result of any default by Buyer
under any Lease after the date of Closing.
(e)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 attomment 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 31 I of the Clean Water Act of
l 977 (33 U.S.C. § 1321) 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 I 004 of the Resource Conservation and Recovery Act of 1976 ( 42 U.S.C. §6903) or (vi) defined as a hazardous
substance pursuant to Section l O l of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U .S .C.
§960 I). 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.
Page - of8
Buyer Initials ___ �-+---, Sdlec loiti•ls�----
. Logix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.21pL9gix.com
STANDARD FORM 580-T
Revised 7/2017
© 7/2018
Indian Trail
1plogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziplogix.com
Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is
communicated to both parties; it being ex.pressly agreed that the notice described in Section l 2 is not required for effective communication
for the purposes of this Section 14. The parties acknowledge and agree that: (i) the initials lines at the bottom of each page of this
Agreement are merely evidence of their having reviewed the terms of each page, and (ii) the complete execution of such initials lines
shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the benefit of the
parties, their heirs, successors and assigns and their personal representatives.
Section 15. Adverse Information and Compliance with Laws:
(a)Seller Knowledge: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the
Property; (ii) actions, suits or proceedings 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):_ None
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 $ __________ per _____________ _
(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 administr ative 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, ex.ecute, 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.
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.
Section I 8. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B.
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-deferred ex.change. Seller and Buyer shall execute such additional documents,
at no cost to the non-exchanging party, as shall be required to give effect to this provision.
Section 20. Memorandum of Contract: Upon request by either pa11y, the parties hereto shall execute a memorandum of contract in
recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to
incorporate. Such memorandum of contract shall contain a statement that tt 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 Clostng).
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 may be 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 1 ture binds such party.
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ST ANDA RD FORM 580-T
Revised 7/2017
©7/2018
Indian Trail
..
Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless l'rom any
and all claims or brokers. consultants or real estate agent:; by, through or unckr the indemnifying Jlarty for fees or commissions arising
out oft he sale of the Property to Buyer. Buyer and Seiter represent and warrant to each other that: (i) except as to the Brokers dl.!signated
under Section I (l) or this Agrcemem. they have not employed nor engaged any brokers, consultants or real estate agents to be involved
in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate agreements entered
into as amongst the Brokers, the Buyer and/or the Seller.
Section 23. Attorneys Fees: If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the
proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection
with the proceeding.
0 EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously
(either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller
makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with
respect to conditions related to or occasioned by the existence of such materials at the Property.
THE NORTH CAROUNA ASSOCfATfON OF REALTORS®, [NC. AND THE NORTH CAROLINA BAR ASSOCfAT!ON MAKE
NO REPRESENTATION AS TO THE LEGAL V AL!DITY OR ADEQUACY OF ANY PROV[SION 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.
BUYER:
Individual
Date: __________________ _
Date: ________________ =---
Business Entity
Name:Scott Ba er
SELLER:
Individual
Deborah Kelly
Date: #:.-.2 C, -�O / 9
���Date: _________________ _
Business Entity
(Name of Entity)
By:---------------
Name: _________________ _
Title: _________________ _
Date: _________________ _
The un ersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in
accordance with the terms hereof.
lsaayson Isaacson Sheridan Attorney
(Name of Escrow Agent)
Date:. __________ -'----------By:------------------
Pag� 8 of8
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STANDARD FORM 580-T
Revised 7/2017
©7/2018 tridian Trail
m. North Carolina Association
of REALTORS®
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between
Multifamily USA, LLC and or Assigns
a(n) NC LLC ("Buyer"), and (individual or State of formation and type of entity)
Linda Moses
a(n) Indiv idual ("Seller"). (individual or State of formation and type of entity)
FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each
term .
(a)"Property": (Address) 2 Parcels 3115 Wesley Chapel Stouts Rd Indian Trail NC Parcel numbers 07069132B and07069149
Plat Reference: Lot(s) _________ � Block or Section"---------� as shown on Plat Book or Slide
______ at Page(s) ______ �, ____________ County, consisting of _______ acres.
x0 If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated
herewith by reference,
(For information purposes: (i) the tax parcel number of the Property is: ___________________ _,
and, (ii) some or all of the Property, consisting of approximately 6. 20 Approx. acres, is described in Deed
Book _________________________ Page No._,_County.)
together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any,
itemized on Exhibit A.
o,;;_$ __ ..,_$ ;;...,:....;o""'."""o -"-o
(b) "Purchase Price" shall mean the sum of Thousand Dollars
____________________________________ Dollars,
payable on the following terms:
$
1B REALTOR® Scott Bayer $5,000.00 (i) "Earnest Money" shall mean _________ F_i_v_e;.._T_h_o _u _s_a_n_d ________ Dollars
or terms as follows: To be deposited within 5 business days of execution of this
contract
Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be
promptly deposited in escrow with Isaacson Isaacson Sheridan Attorney (name of
person/entity with whom deposited-"Escrow Agent"), to 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.
Page 1 of8
This form jointly approved by:
North Carolina Bar Association North Carolina Ass iation ofREALTORS®, Inc.
Buyer lnitials--t:a""t;:;,"'------Seller Initials ..'t:.1>L. , NC27438 Phone: [phone] STANDARD FORM 580-T
Revised 7/2017
© 7/2018 Fax: [phone] Indian Trail Produced with zipForrn® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www"ziploqixcom
0 ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE
PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box)
0 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: ___________ �
0 ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER
IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT
AND RECORDS ASSOCIATED THEREWITH.
$ ________ N�/_A (ii) Proceeds of a new loan in the amount of ______________________ _
___________________________________ Dollars
for a term of ___ _,ears, with an amortization period not to exceed ____ __,ears, 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.
$ ________ N=--/=A (iii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of
_____________________________________ Dollars
being payable over a term of__ years, 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 ___________________ _,.,ercent ( %) per annum in the
amount of$ __________ _, with the first principal payment beginning on the first day of the
month next succeeding the date of Closing, or such other terms as may 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 of Buyer'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 subordinated 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.)
$ _______ �N�/=A (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such
$ .00
obligation having an outstanding principal balance of $ ______________ and evidenced
by a note bearing interest at the rate of _______________________ percent
(_%) per annum, and a current payment amount of$ ____________ _
(v) Cash, balance of Purchase Price, at Closing in the amount of
Thousand Dollars Dollars.
(c)"Closing" shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shall occur on
or before ____________ or 30 (Thirty) days from the expiration of the ex amination
period
(d)"Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller.
(e)"Examination Period" shall mean the period beginning on the first day after the Contract Date and extending through
5:00pm (based upon time at the locale of the Property) on
180 (one hundred eighty) days from the execution of this contract. Seller willcooperate with buyer in rezoning this property to high-density multifamily at thebuyer's expense.
ENCE AS TO THE EXAMINATION PERIOD.
Page 2 of8
Buyer Initials ____________ Seller Initials X:tn
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(f)"Broker(s)" shall mean:
_________________________________________ ("Listing Agency"),
______________________________ ("Listing Agent" -License # _______ _,Acting as: 0 Seller's Agent;
and
Scott Bayer
Acting as: � Buyer's Agent;
0 Dual Agent
Multifamily USA ("Selling Agency"),
Principle/Broker __ ....._--'-_________ ("Selling Agent"-License# 195803 ) 0 Seller's (Sub) Agent; 0 Dual Agent
(g)"Seller's Notice Address" shall be as follows:
3115 Wesley Chapel Rd Monroe NC
e-mail address: ________________________ fax number: _____________ _except as same may be changed pursuant to Section 12.
(h)"Buyer's Notice Address" shall be as follows:
215 N Pine Street Charlotte NC 28202
e-mail address: ________________________ fax number: _____________ _except as same may be changed pursuant to Section 12.
0 (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by
reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to
this Agreement.)
0 G) If this block is marked, additional terms of this Agreement are set forth on the Additional Provisions Addendum (Form 5 81-T)attached hereto and incorporated herein by reference.
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.
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:
None
Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investiga tions undertaken by Buyer under this Agreement and the following:
Buyer may request l(one)-30(Thirty) day extension of examination period with written notice.
Scott Bayer is a liscineced NC Real Estate Broker and a principle in this transaction
Each party shall pay its own attorney'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 material information relevant to the Property in the possession of Seller, including but not limited to: title insurance policies (and copies of any documents referenced therein), surveys, soil test reports, environmental surveys or reports, site plans, civil drawings,
building plans, maintenance records and copies of all presently effective warranties or service contracts related to the Property. Seller
authorizes (I) 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), ifany, 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, re ports, surveys and other information relating directly to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Sell er, upon the release of the Earnest Money, copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy
or correctness thereof.
Page 3 of8
Buyer Initials_+-,,,,,,,_'--____ Seller Initials dt:ln..
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ST AND ARD FORM 580-T
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Indian Trail
Section 5. Evidence of Title: Seller agrees to convey fee simple insurable title to the Property without exception for mechanics' liens,
free and clear of all liens, encumbrances and defects of title other than: ( a) zoning ordinances affecting the Property, (b) Leases ( as defined in Section 7, if applicable) and (c) specific instruments on the public record at the Contract Date agreed to by Buyer (not objected to by
Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the deed referenced in Section 11
(items 5(a), 5(b) and 5(c) being collectively "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. Seller shall not enter into or record any instrument that affects the Property ( or any personal property listed on Exhibit A) after the
Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed.
Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly
conditioned upon fulfillment ( or waiver by Buyer, whether explicit or implied) of the following conditions:
(a)New Loan: The Buyer must be able to obtain the loan, if any, referenced in Section l(b)(ii). Notwithstanding, afterN/A Seller may request in writing from Buyer a copy of the commitment letter. If Buyer
fails to provide Seller a copy of the commitment letter within five (5) days ofreceipt of Seller's request, then Seller may terminate this
Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the commitment letter, and
Buyer shall receive a return of Earnest Money.
(b)Qualification for Assumption: The obligations ofBuyer under this Agreement are conditioned upon Buyer being able
to assume the existing loan described above. If such assumption 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
N/A . 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, time 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 this 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.
(c)Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the
Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee
simple insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and
exceptions, in no 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
receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title
insurance, the 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 Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer,
reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii)
proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds
payable on account of the damage or destruction applicable to the Property.
(e)Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business
hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, conducting timber cruises, and
surveying the Property; provided, however, that Buyer shall not conduct any invasive testing of any nature without the prior express
written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct all such on-site
inspections, examinations, testing, timber cruises and surveying of the Property in a good and workmanlike manner, at Buyer's
expense, shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner
that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make
reasonable efforts to undertake on-site inspections outside of the hours Seller's or any tenant's business is open to the public. Buyer
shall provide Seller or any tenant ( as applicable) reasonable advance notice of and Buyer shall cause its agents or representatives and
third party service providers ( e.g. inspectors, surveyors, etc.) to give reasonable advance notice of any entry onto the Property. Buyer
shall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant's space at the
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Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to
i:eview and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books
and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose
any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to
any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement
to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights
under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification
obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Except as provided in Section 6(c) above, Buyer
shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing.
IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES
WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN
THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY.
Section 7. Leases (Check one of the following, as applicable):
0 If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined)
affecting the Property.
0 If this box is checked, Seller discloses that there are one or more leases affecting the Property ("Leases") and the
following provisions are hereby made a part of this Agreement.
(a)A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants that as of the Contract Date, there are no
other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on ExhibitB;
(b)Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein;
(c)Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which,
with the passage oftime, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either
by Seller, as landlord, or by any tenant under any Lease ("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 after the 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.
(d)In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of
the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer
in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, ifrequired under the Lease). Seller
agrees to deliver an assignment 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. The assignment shall provide: (i) that Seller shall defend, indemnify and hold
Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted
against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing, and
(ii) that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, without
limitation, court costs and attorneys' fees) asse1ted against or incurred by Seller which are caused by or the result of any default by Buyer
under any Lease after the date of Closing.
(e)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, includ ing, 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 haz ardous
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) petr oleum, (ii)
asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of
1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act ofl977 (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.n Page5 of8
Buyer Initials_��---�-. ___ Seller Initials X,tJ....
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STANDARD FORM 580-T
Revised 7/2017
©7/2018
Indian Trail
Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk ofloss 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.
Section 10. Earnest Money Disbursement: In the event that any condition hereto is not satisfied, then the Earnest Money shall be
refunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money shall be refunded to Buyer upon Buyer's
request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Agreement
by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Seller's sole and exclusive remedy for such
breach, but without limiting Seller's rights under Section 6(e) or Section 22 of this Agreement. It is acknowledged by the parties that
payment of the Earnest Money to Seller in the event of a breach of this Agreement by Buyer is compensatory and not punitive, such
amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest
Money to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties
acknowledging the difficulty determining Seller's actual damages for such breach.NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money held in escrow, a licensed real
estate broker is required by state law (and Escrow Agent, if not a broker, hereby agrees) to retain the Earnest Money in the Escrow
Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until
disbursement is ordered by a court of competent jurisdiction. Alternatively, if a broker or an attorney licensed to practice law in North
Carolina is holding the Earnest Money, the broker or attorney may deposit the disputed monies with the appropriate clerk of court in
accordance with the provisions ofN.C.G.S. §93A-12.
Seller and Buyer hereby agree and acknowledge that the Escrow Agent assumes no liability in connection with the holding of the Earnest
Money pursuant hereto except for negligence or willful misconduct of Escrow Agent. Escrow Agent shall not be responsible for the
validity, correctness or genuineness of any document or notice referred to under this Agreement. Seller and Buyer hereby agree to
indemnify, protect, save and hold harmless Escrow Agent and its successors, assigns and agents pursuant to this Agreement, from any
and all liabilities, obligations, losses, damages, claims, actions, suits, costs or expenses (including attorney fees) of whatsoever kind or
nature imposed on, incurred by or asserted against Escrow Agent which in any way relate to or arise out of the execution and delivery of
this Agreement and any action taken hereunder; provided, however, that Seller and Buyer shall have no such obligation to indemnify,
save and hold harmless Escrow Agent for any liability incurred by, imposed upon or established against it as a result of Escrow Agent's
negligence or willful misconduct.
Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a special warranty deed unless otherwise specified on Exhibit B
and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bi II of sale for
any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms (and such other lien related documentation as shall permit the
Property to be conveyed free and clear of any claim for mechanics' liens) and a non-foreign status affidavit (pursuant to the Foreign
Investment in Real Property Tax Act), and Buyer shall cause to be delivered the funds necessary to pay to Seller the Purchase Price. The
Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing.
Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to
this Agreement shall not be disbursed until the Buyer's attorney's ( or other designated settlement agent's) receipt of authorization to
disburse all necessary funds.
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 (which shall include electronic mail) and shall be deemed to
have been properly given and received (i) on the date delivered in person or (ii) the date deposited in the United States mail, registered
or certified, return receipt requested, to the addresses set out in Section 1 (g) as to Seller and in Section 1 (h) as to Buyer, or at such other
addresses as specified by written notice delivered in accordance herewith, (iii) upon the sender's receipt of evidence of complete and
successful transmission of electronic mail or facsimile to the electronic mail address or facsimile number, if any, provided in Section
l(g) as to Seller and in Section l(h) as to Buyer or (iv) on the date deposited with a recognized overnight delivery service, addressed to
the addresses set out in Section l(g) as to Seller and in Section l(h) as to Buyer, or at such other addresses as specified by written notice
delivered in accordance herewith. If a notice is sent by more than one method, it will be deemed received upon the earlier of the dates of
receipt pursuant to this Section.
Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together,
shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged via facsimile
or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement among the parties
hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. The invalidity of one or
more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and
. enforced as if such invalid provisions were not included.
, Page 6 of8
Buyer lnitials-� ______ Seller Initials �th
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Section 14. Enforceability: This Agreement shall 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
for the purposes of this Section 14. The parties acknowledge and agree that: (i) the initials lines at the bottom of each page of this
Agreement are merely evidence of their having reviewed the terms of each page, and (ii) the complete execution of such initials lines
shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the benefit of the
parties, their heirs, successors and assigns and their personal representatives.
Section 15. Adverse Information and Compliance with Laws:
(a)Seller Knowledge: Seller has no actual knowledge of(i) condemnation(s) affecting or contemplated with respect to the
Property; (ii) actions, suits or proceedings 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):_
None
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 $ _________ per _____________ _
(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 ac tion 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.
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.
Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B.
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-deferred exchange. Seller and Buyer shall execute such additional documents,
at no cost to the non-exchanging party, as shall be required to give effect to this provision.
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 (other than 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 may be 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.
Page 7 of8
Buyer Initials.---16Ao,c......;:.-----Seller lnitials---=�:........::.z..J1.-'+-----­\
Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoqix.com
ST AND ARD FORM 580-T
Revised 7/2017
© 7/2018
Indian Trail
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 estate agents by, through or under the indemnifying party for fees or commissions arising
out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers designated
under Section 1 (f) 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 compensation of the Brokers is established by and shall be governed by separate agreements entered
into as amongst the Brokers, the Buyer and/or the Seller.
Section 23. Attorneys Fees:If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the
proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection
with the proceeding.
0 EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously
(either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller
makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with
respect to conditions related to or occasioned 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.
BUYER:
Individual
Date: _________________ _
Date: _________________ _
Business Entity
Name:Scott Ba er
Title: Manager
Date:_��--+
/_2_d-+-/�c;)�O/�j __ _I I
SELLER:
Individual
Linda Moses
Date: 5;.2,.D ..-ZOq
�A/ 1Y\_�
Date: ________________ _
Business Entity
(Name of Entity)
By:---------------
Name: ________________ _
Title: ________________ _
Date: ________________ _
The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in
accordance with the terms hereof.
Isaacson Isaacson Sheridan Attorney
(Name of Escrow Agent)
Date: _________________ _By:------------------
Page 8 of8
Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziplogix.com
STANDARD FORM 580-T
Revised 7 /2017
©7/2018
Indian Trail
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CREALTORS'
CommercialAl'liance
REALTOR" North Carolina Association
of REALTORS@
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between
Multifamily USA, LLC and or Assigns
a(n) NC LLC ("Buyer"), and
(individual or State of formation and type of entity)
Video Stop Distributing, Inc ,
a(n) ("Seller") -
(individual or State of formation and type of entity)
FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each
term.PropeAy": (Address) 5517 Orr Rd. Monroe, NC 28078; Parcel numbers 07069125A
Plat Reference: Lot(s)_
at Page(
Block or Section , as shown on Plat Book or Slide
County, consisting of acres.
x❑ If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated
herewith by reference,
(For information purposes: (i) the tax parcel number of the Property is:
and, (ii) some or all of the Property, consistingof approximately 7.47 Approx. acres, is described in Deed
Book Page No. _County.)
together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any,
itemized on Exhibit A.
$ $ 625 , 000.00 (a) "Purchase Price" shall mean the sum of Six —Hundred Twenty Five Thousand Dollars,
payable on the following terms:
$ $25,000.00 (i) "Earnest Money" shall mean Twenty —Five Thousand Dollars
or terms as follows: To be deposited within 5 business days of execution of this
contract, Earnest Money will be non-refundable at the end of the
Examination Period
Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be
promptly deposited in escrow with Isaacson Isaacson Sheridan Attorney (name of
person/entity with whom deposited- "Escrow Agent"), to 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.
Page 1 of 8
This form jointly a ro ed by: STANDARD FORM 580-T
North Caroli*ssion
B ition Revised 7/2017
North CaroliofREALTORS®, In ©7/2018
Buyer InitialsSeller InitialsMULTI FAMILY USA, LLC, P.O. Box 8 Phone: [phone] Fax: [phone] Indian Trail
Sc tt Bayer Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com
[1787275/11

❑ ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE
PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONEbox)
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: )
❑ ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER
IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT
AND RECORDS ASSOCIATED THEREWITH.
$ N/A (ii) Proceeds of a new loan in the amount of
Dollars
for a 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.
$400,000.00 (iii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of
$400,000.00 being payable over a term of wears, with two payments of $200,000.00 due on the first
and second anniversaries of the closing, at
the rate of Zero percent (0%) per annum
or such other terms as may 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 of Buyer's subsequent default upon a promissory note and deed of
trust given hereunder, Buyer foregoes foreclosure remedies, but seller must give buyer a 90 (Ninety)
day notice of being past due first. Seller will be in first position on this loan and buyer may not
subordinate without sellers' consent.
$ N/A (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 $ and evidenced
by a note bearing interest at the rate of percent
(_%) per annum, and a current payment amount of $
$ $200 , 000. 00 (v) Cash, balance of Purchase Price, at Closing in the amount of Two Hundred Thousand
Dollars Dollars.
(b) "Closing" shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shall occur on
or before or 90 days from rezoning approval or the end of the
examination period whichever comes first
(c) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller.
(d) "Examination Period" shall mean the period beginning on the first day after the Contract Date and extending through
5:00pm (based upon time at the locale of the Property) on
June 30, 2020
TIME IS OF THE ESSENCE AS TO THE EXAHINATIONPERIOD.
[1787275/1] Page 2 of 8
Buyer Initials In. Seller Initials
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STANDARD FORM 580-T
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© 7/2018
Indian Trail

(e) "Broker(s)" shall mean:
("Listing Agency"),
("Listing Agent" - License # )
Acting as: ❑ Seller's Agent; ❑ Dual Agent
and Multifamily USA ("Selling Agency"),
Scott Bayer Principle/Broker ("Selling Agent% License# 195803 )
Acting as: L] Buyer's Agent; U Seller's (Sub) Agent; L] Dual Agent
(f) "Seller's Notice Address" shall be as follows:
5523 Orr Rd Monroe NC
e-mail address: fax number:
except as same may be changed pursuant to Section 12.
(g) "Buyer's Notice Address" shall be as follows:
215 N Pine Street Charlotte NC 28202
e-mail address: fax number:
except as same may be changed pursuant to Section 12.
XX (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein
by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies
to this Agreement.)
If this block is marked, additional terms of this Agreement are set forth on the Additional Provisions Addendum (Form 581-
T) attached hereto and incorporated herein by reference.
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.
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:
None
Buyer 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 attorney'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 material information relevant to the Property in the possession of Seller, including but not limited to: title insurance policies (and
copies of any documents referenced therein), surveys, soil test reports, environmental surveys or reports, site plans, civil drawings,
building plans, maintenance records 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 information
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 of the Earnest Money, copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy
or correctness thereof.
[1787275/11 age 3 of 8
Buyer Initials Seller Initials r STANDARD FORM 580-T
Revised 7/2017
© 712018
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Indian Trail

Section 5. Evidence of Title: Seller agrees to convey fee simple insurable title to the Property without exception for mechanics' liens,
free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (as defined
in Section 7, if applicable) and (c) specific instruments on the public record at the Contract Date agreed to by Buyer (not objected to by
Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the deed referenced in Section I I
(items 5(a), 5(b) and 5(c) being collectively "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. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the
Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed.
Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly
conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions:
(a) New Loan: The Buyer must be able to obtain the loan, if any, referenced in Section I(b)(ii). Notwithstanding, after
N/A , Seller may request in writing from Buyer a copy of the commitment letter. If Buyer
fails to provide Seller a copy of the commitment letter within five (5) days of receipt of Seller's request, then Seller may terminate this
Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the commitment letter, and
Buyer shall receive a return of Earnest Money.
(b) Qualification for Assumption: The obligations of Buyer under this Agreement are conditioned upon Buyer being able
to assume the existing loan described above. If such assumption 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
N/A On or before this date, Buyer has the right to terminate this Agreement for failure to
be able o assume the loan described above by delivering to Seller written notice of termination by the above date, time 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
t
fails to deliver such notice, then Buyer will be deemed to have waived this 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.
(c) Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the
Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee
simple insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and
exceptions, in no 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
receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title
insurance, the 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 Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer,
reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii)
proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds
payable on account of the damage or destruction applicable to the Property.
(e) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business
hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, conducting timber cruises, and
surveying the Property; provided, however, that Buyer shall not conduct any invasive testing of any nature without the prior express
written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct all such on -site
inspections, examinations, testing, timber cruises and surveying of the Property in a good and workmanlike manner, at Buyer's
expense, shall repair any damage to the Property caused by Buyer's entry and on -site inspections and shall conduct same in a manner
that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make
reasonable efforts to undertake on -site inspections outside of the hours Seller's or any tenant's business is open to the public. Buyer
shall provide Seller or any tenant (as applicable) reasonable advance notice of and Buyer shall cause its agents or representatives and
third party service providers (e.g. inspectors, surveyors, etc.) to give reasonable advance notice of any entry onto the Property. Buyer
shall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant's space at the
[1787275/11 age 4 of 8
Buyer Initials f Seller Initials
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STANDARD FORM 580-T
Revised 7/2017
© 7/2018
Indian Trail

Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to
review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books
and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose
any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to
any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement
to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights
under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification
obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Except as provided in Section 6(c) above, Buyer
shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing.
IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES
WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN
THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY.
Section 7. Leases (Check one of the following, as applicable):
j If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined)
affecting the Property.
❑ If this box is checked, Seller discloses that there are one or more leases affecting the Property ("Leases") and the
following provisions are hereby made a part of this Agreement.
(a) A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants that as of the Contract Date, there are no
other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on ExhibitB;
(b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listedtherein;
(c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which,
with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either
by Seller, as landlord, or by any tenant under any Lease ("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 after the 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.
(d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of
the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer
in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease). Seller
agrees to deliver an assignment 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. The assignment shall provide: (i) that Seller shall defend, indemnify and hold
Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted
against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing, and
(ii) that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, without
limitation, court costs and attorneys' fees) asserted against or incurred by Seller which are caused by or the result of any default by Buyer
under any Lease after the date of Closing.
(e) 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 Clean Water Act of
1977 (33 U.S.C. §1321) 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.
[1787275/1] age of 8
Buyer Initials Seller Initials STANDARD FORM 580-T
Revised 7/2017
© 7/2018
Produced with �zi�por.m@pLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.com Indian Trail

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.
Section 10. Earnest Money Disbursement: In the event that any condition hereto is not satisfied, then the Earnest Money shall be
refunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money shall be refunded to Buyer upon Buyer's
request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Agreement
by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Seller's sole and exclusive remedy for such
breach, but without limiting Seller's rights under Section 6(e) or Section 22 of this Agreement. It is acknowledged by the parties that
payment of the Earnest Money to Seller in the event of a breach of this Agreement by Buyer is compensatory and not punitive, such
amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest
Money to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties
acknowledging the difficulty determining Seller's actual damages for such breach.
NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money held in escrow, a licensed real
estate broker is required by state law (and Escrow Agent, if not a broker, hereby agrees) to retain the Earnest Money in the Escrow
Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until
disbursement is ordered by a court of competent jurisdiction. Alternatively, if a broker or an attorney licensed to practice law in North
Carolina is holding the Earnest Money, the broker or attorney may deposit the disputed monies with the appropriate clerk of court in
accordance with the provisions of N.C.G.S. §93A- 12.
Seller and Buyer hereby agree and acknowledge that the Escrow Agent assumes no liability in connection with the holding of the Earnest
Money pursuant hereto except for negligence or willful misconduct of Escrow Agent. Escrow Agent shall not be responsible for the
validity, correctness or genuineness of any document or notice referred to under this Agreement. Seller and Buyer hereby agree to
indemnify, protect, save and hold harmless Escrow Agent and its successors, assigns and agents pursuant to this Agreement, from any
and all liabilities, obligations, losses, damages, claims, actions, suits, costs or expenses (including attorney fees) of whatsoever kind or
nature imposed on, incurred by or asserted against Escrow Agent which in any way relate to or arise out of the execution and delivery of
this Agreement and any action taken hereunder; provided, however, that Seller and Buyer shall have no such obligation to indemnify,
save and hold harmless Escrow Agent for any liability incurred by, imposed upon or established against it as a result of Escrow Agent's
negligence or willful misconduct.
Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a special warranty deed unless otherwise specified on Exhibit B
and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale for
any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms (and such other lien related documentation as shall permit the
Property to be conveyed free and clear of any claim for mechanics' liens) and a non -foreign status affidavit (pursuant to the Foreign
Investment in Real Property Tax Act), and Buyer shall cause to be delivered the funds necessary to pay to Seller the Purchase Price. The
Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing.
Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to
this Agreement shall not be disbursed until the Buyer's attorney's (or other designated settlement agent's) receipt of authorization to
disburse all necessary funds.
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 (which shall include electronic mail) and shall be deemed to
have been properly given and received (i) on the date delivered in person or (ii) the date deposited in the United States mail, registered
or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller and in Section 1(h) as to Buyer, or at such other
addresses as specified by written notice delivered in accordance herewith, (iii) upon the sender's receipt of evidence of complete and
successful transmission of electronic mail or facsimile to the electronic mail address or facsimile number, if any, provided in Section
1(g) as to Seller and in Section 1(h) as to Buyer or (iv) on the date deposited with a recognized overnight delivery service, addressed to
the addresses set out in Section 1(g) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice
delivered in accordance herewith. If a notice is sent by more than one method, it will be deemed received upon the earlier of the dates of
receipt pursuant to this Section.
Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together,
shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged via facsimile
or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement among the parties
hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. The invalidity of one or
more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and
enforced as if such invalid provisions were not included.
^e E of 8
[1787275/I ] Buyer Initials Seller Initials STANDARD FORM 580-T
Revised 7/2017
© 7/2018
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Section 14. Enforceability: This Agreement shall 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
for the purposes of this Section 14. The parties acknowledge and agree that: (i) the initials lines at the bottom of each page of this
Agreement are merely evidence of their having reviewed the terms of each page, and (ii) the complete execution of such initials lines
shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the benefit of the
parties, their heirs, successors and assigns and their personal representatives.
Section 15. Adverse Information and Compliance with Laws:
(a) Seller Knowledge: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the
Property; (ii) actions, suits or proceedings 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):_
None
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 $ per
(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.
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.
Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B.
Section 19. Tax -Deferred Exchange: hi 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 parry shall
not assume any additional liability with respect to such tax -deferred exchange. Seller and Buyer shall execute such additional documents,
at no cost to the non -exchanging party, as shall be required to give effect to this provision.
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 (other than 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 may be 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.
a e of 8
Buyer Initials Seller Initials STANDARD FORM 580-T
Revised 7/2017
[1787275/11 C 7/2018
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoqix.com Indian Trail

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 estate agents by, through or under the indemnifying party for fees or commissions arising
Out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers designated
under Section I (f) 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 compensation of the Brokers is established by and shall be governed by separate agreements entered
into as amongst the Brokers, the Buyer and/or the Seller.
Section 23. Attorneys fees: If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the
proceeding shall be entitled to recover from the non -prevailing party reasonable attorneys fees and court costs incurred in connection
with the proceeding.
EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously
(either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIPS" or "synthetic stucco". Seller
makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with
respect to conditions related to or occasioned 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.
BUYER:
Individual
Date:
Business Entity
Multifamily USA
(Name
By:
Name: Scott Bayer
Title: Manager
Date: December 10. 2019
SELLER:
Individual
Date:
Date:
Business Entity
Video Stop Distributing, Inc
7
am(j.of Entity)
By: -�
Name: C 'Azar
Title:
Date: December 10, 2019
a „G uuuersigueu nereoy acxnowieages receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in
accordance with the terms hereof.
Isaacson Tsaacson Sheridan Attorney
{{ r°� (Name of Escrow Agent)
Date: L _ ``: r By:
ivt c-.
Page 8 of 8
[1787275/1) Revised 7/2017
0712018
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Exhibit B
This Addendum ("Addendum") modifies that Agreement for Purchase and Sale of Real Property
by and between Multifamily USA, LLC, or assigns as Buyer and Video Stop Distributing, Inc as
Seller last signed on December 10, 2019 ("Agreement"). In the event of a conflict between this
Addendum and the Agreement, this Addendum shall control. The Agreement is modified as
follows:
1. Buyer shall obtain an engineered drawing or map showing where the commercial road for
the Seller is located as well as where the water and sewer easements will be located on the
Property. Buyer shall give Seller the opportunity to review this drawing or map prior to final
version for the City of Indian Trail and/or the Register of Deeds. Specific locations of easements
retained by Seller shall be mutually agreed upon by Buyer and Seller. Seller shall retain
easements for water and sewer that will serve the sellers additional property for the mutual
benefit of Evoke at Indian Trail and Video Stop Distribution and or assigns. Seller shall pay for
any sewer lines that serve Seller's other property.
2. The Seller may continue to rent the structures on the Property for up to one year after the
closing. If the Seller must vacate the structures prior to the one-year anniversary of the closing,
Buyer shall provide Seller a 60-day notice to vacate.
3. The Buyer shall pay the property taxes on the Property from the Effective Date through
the Closing.
4. The Buyer shall construct a light commercial/light industrial grade public road from
Wesley Chapel Road to the end of the 7.47 parcel of land that meets the Seller's adjoining
property for the mutual benefit of Evoke at Indian Trail and Video Stop Distribution and or
assigns. The road must meet the County and Town requirements and specifications. Seller shall
have full access to the public road on the recorded plat seller will have complete use of this road
on the plat.
5. Seller understands that Buyer must rezone the Property prior to Closing. Seller shall
reasonably cooperate with any requests or needs of Seller in the rezoning process.
6. Buyer has provided Seller notice that he is a North Carolina licensed realtor.
7. The Seller May interact with the Buyer's water and sewer contractor at his own cost
if he chooses to use them.
8. $400,000 loan will be paid in 2 payments $200,000 per payment. Buyer may close
anytime up to December 31,2020 but second $200,000 payment will be due June 30,2021 and
final payment will be due June 30, 2022.
9, Time is of the essence in the performance of this Agreement.
[1787361/1] 1

Seller:
Video Stop Distributing, Inc
Chris Azar,'Maffetelhg Wm6er
[1787361/1]

Page 1 of 10
PCN Form – Version 1.4 January 2009
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
Yes No
For the record only for Corps Permit:
Yes No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
Yes No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Evoke Indian Trail
Union
Indian Trail
See Attached Landowner Information for multiple parcels
29
Page 2 of 10
4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
R. Clement Riddle
ClearWater Environmental Consultants
32 Clayton Street
Asheville, NC
828-698-9800
[e-mail]
Page 3 of 10
PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes No Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
See Attached
-80.64273
28.18
South Fork Crooked Creek
C
03040105 Rocky River
The site consists of residential singe family homes and mobile units, mixed hardwood and deciduous forested land, maintained turfgrass lawn, open
water, streams and wetlands. The surrounding land use is similar, and includes a commercial shopping district.
1.754
The purpose of the proposed project is to build a residential subdivision with apartments, associated parking and communal facilities and amenities.
See Attached Supplemental Information
ClearWater Environmental
Attachment A PJD issued 8/14/2019 For Parcels 07069133, 07069133A, 07069212, 07069132A. Additional Jurisdictional Determination Request
attached for parcels 07069125A and 07090005P, 07090006D
35.051108
733
See Attachment A
Page 4 of 10
PCN Form – Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands Streams – tributaries Buffers Open Waters Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
W2
W3
W4
W5
W6
2g.Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Utility Cossing
Bottomland Hardwood Forest Yes Corps 0.21
No Corps 0.023
No Corps 0.029
No Corps 0.014
Yes Corps 0.027
No Corps 0.004
0.307
The applicant requests 0.21 acres of impacts (W1)for a temporary construction easement for a utility line, and 0.097 acres of permanent wetland
impacts as fill. 0.12 acres of the temporary impacts to W1 will be in permanently maintained easement.
Stabilization S1 PER Corps 4 40
40
Temporary impacts to stream S1arefor a sewer line utility crossing.Construction details for temporary impacts are in Figure 5 and Attachment B
T
P
P
P
P
P
Fill
Fill
Fill
Fill
Fill
Headwater Wetland
Headwater Wetland
Headwater Wetland
Headwater Wetland
Headwater Wetland
T
-
-
-
-
-
Choose one
Choose one
Choose one
Choose one
Choose one
-
-
-
-
-
-
-
-
-
-
Page 5 of 10
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
Flooded Filled Excavated Flooded Filled Excavated
P1
P2
5f.Total:
5g. Comments:
5h. Is a dam high hazard permit required? Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other:
6b.
Buffer Impact
number –
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
B2
B3
B4
B5
B6
6h.Total Buffer Impacts:
6i. Comments:
Choose one Choose
Choose one
Yes/No
-
-
-
-
Choose one
Choose one
Choose one
Choose
Choose
Choose
Choose one
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
Page 6 of 10
PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If yes, mitigation is required by (check all that apply): DWQ Corps
2c. If yes, which mitigation option will be used for this
project?
Mitigation bank
Payment to in-lieu fee program
Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Type:
Type:
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Impacts for the project are minimal and associated with the placement offill in wetlands, temporary land clearing in wetlands and a temporary utility
crossing in one stream. 82% of wetlands and 95% of streams on site will be avoided.
All construction equipment would be operated from high ground.Sediment and erosion control measures and best management practices would be
utilized on-site. The sewer line crossing on S1 would be done "in the dry" via the use of a coffer dam and pump around system.
Choose one
0.217
Please see Attachment C and Supplemental Information
Choose one
Choose one
Choose one
Page 7 of 10
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f.Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 10
PCN Form – Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:

2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No
5b. Have all of the 401 Unit submittal requirements been met? Yes No
49.4
AStormwater management plan will be designed by Multifamily USA, and submitted for review and approval to the Town of Indian Trail. The Town of
Indian Trail is a delegated local authority for revision and approval of stormwater management plans.
Indian Trail
Indian Trail
Page 9 of 10
PCN Form – Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. If you answered “yes” to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. If you answered “yes” to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
Yes No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
2b. Is this an after-the-fact permit application? Yes No
2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? Yes No
3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered “no,” provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The project will not result in additional development which could impact nearby downstream water quality. The proposed housing development is
adjacent to an existing commercial corridor in which existing amenities are sufficient to support.
The sewage for the town of Indian Trail is serviced by Union County Public Works. The County currently owns and operates five wastewater treatment
plants within the County, which is currently termed Water Reclamation Facilities (WRF).The WRF each treat wastewater from specific drainage areas
within the County. The WRF are: Twelve Mile Creek, Crooked Creek, Tallwood Estates, Grassy Branch and Olde Sycamore. Union County currently
has a total of 8.2 million gallons per day (MGD) of wastewater treatment capacity.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes X❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
CEC submitted a project review request to the NC Natural Heritage Program database. CEC consulted the FWS List of Endangered, Threatened,
Species of Concern, and Candidate species for Union county. Please see Attachment D
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystems IMS. Impact will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
CEC consulted the North Carolina State Historic Preservation Office Data Explorer (HPOWEB 2.0). The site is not within 2 miles of any Historic
resources on the National Register.
S. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes 0 No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
CEC Consulted the FEMA FIRM Panel 3710540700J, effective 10/16/2008. Please reference FEMA Firmette (Figure 6)
V. C1ee,4 ELJU1,e- 210 /A-0
Applicant/Agent's Printed Name pplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization
letter from the a !!cant isprovided.)
Page 10 of 10

Evoke at Indian Trail Supplemental Information- PCN application
Section B Question 3e
The Evoke at Indian Trail project consists of seven individual parcels that total 28.18 acres
in size. The development will include five residential buildings with sixty four residential units in
each building for a total of 320 units. The community will include a clubhouse amenity with a
pool facility and a putting green. A walking trail with a boardwalk crossing of the existing creek
will extend to the commercial center adjacent to the property. In keeping with the local municipal
standards, 15 percent of the net usable area of the site, 3.69 acres, will be dedicated as a tree save
area.
The project development will include the construction of a public street to access future
development to the north and west of the site. Parking for the project is provided in accordance
with the Town of Indian Trail Standards which requires 1.5 spaces for a single bedroom unit, 2.0
spaces for a two bedroom unit, and 2.5 spaces for a three bedroom unit. In addition to the spaces
required by the unit count, guest spaces are required at a rate of one space for every four spaces
required by unit count. A total of 760 parking spaces are required for the blend of units proposed,
and 771 parking spaces are provided.
Typical construction and earthmoving equipment will be used on site.

Section D Question 4h
The applicant will maintain a 0.12 AC (20-foot) sewer ROW through forested wetland W1. The
applicant proposes 1:1 mitigation for this impact. The maintained ROW will be returned to original
grade and planted with native wetland seed mix (Ernst seed mix ERNMX-132-1 or similar)
Additional wetland areas (0.09 AC) in forested wetland W1 need to be temporarily disturbed for
construction access, and will be returned to original contours and planted with native woody
vegetation (sycamore, willow, elderberry) based on availability.
Evoke Indian Trail (+/- 28.18 AC)
Ü
0 10.5
Miles
32 Clayton St
Asheville, North Carolina 28801
Vicinity
Figure 1
Union County,
North Carolina
Drawn by: AKT Date; 02.28.2020 CEC Project #1048
Project Area
Legend
Project Area
Ü
0 10.5
Miles
32 Clayton St
Asheville, North Carolina 28801
USGS Topographic Map
Matthews Quad
Figure 2
Union County,
North Carolina
Drawn by: AKT Date; 02.28.2020 CEC Project #1048
Project Area
Legend
Project Area
Evoke Indian Trail (+/- 28.18 AC)
Ü
0 500250
Feet
32 Clayton St
Asheville, North Carolina 28801
Aerial Photograph
NC OneMap 2019
Figure 3
Union County,
North Carolina
Drawn by: AKT Date; 02.28.2020 CEC Project #1048
Project Area
Legend
Project Area
Evoke Indian Trail (+/- 28.18 AC)
CmB
BuB
CnB
Ü
0 500250
Feet
32 Clayton St
Asheville, North Carolina 28801
USDA Soils Map
NRCS- Web Soil Survey
Figure 4
Union County,
North Carolina
Drawn by: AKT Date; 02.28.2020 CEC Project #1048
Project Area
Legend
Project Area
MUSYM
CmB - Cid channery silt loam 1-5% slopes
BuB - Badin-Urban land complex, 2-8% slopes
CnB - Cid-Urban land complex 1-5% slopes
Evoke Indian Trail (+/- 28.18 AC)
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.
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169121212121210 4 88www.eagleonline.net2013A Van Buren Ave.Indian Trail, NC 28079(704) 882-4222ScaleDESIGNED BYCHECKED BYJOB NUMBERDRAWN BYDATEAS SHOWN4/14/20206845WETLAND IMPACT AREA 3(4 OF 4)JHRKELKELEVOKE AT INDIAN TRAILINDIAN TRAIL, NCMULTIFAMILY USA215 N PINE STREETCHARLOTTE, NC 28202NSWEE.E.I.0050'100'50PRELIMINARYNOT FORCONSTRUCTION040220W5 (WETLAND)0.014AC.100% PERMANENT IMPACTW7 (WETLAND)0.027AC.100% PERMANENT IMPACTW8 (WETLAND)0.049AC.0% PLANNED IMPACTSOW1 (OPEN WATER)0.216AC.0% PLANNED IMPACTSX:\Land Projects R2\6845-C-NC Evoke at Indian Trail\DWG\Civil\Exhibits\6845_Evoke Apts_Wetland Impact_20200327.dwg, 4/14/2020 3:51:50 PM
www.eagleonline.net2013A Van Buren Ave.Indian Trail, NC 28079(704) 882-4222ScaleDESIGNED BYCHECKED BYJOB NUMBERDRAWN BYDATEAS SHOWN4/14/20206845CONSTRUCTION DETAILSJHRKELKELEVOKE AT INDIAN TRAILINDIAN TRAIL, NCMULTIFAMILY USA215 N PINE STREETCHARLOTTE, NC 282020050'100'50PRELIMINARYNOT FORCONSTRUCTION040220X:\Land Projects R2\6845-C-NC Evoke at Indian Trail\DWG\Civil\Exhibits\6845_Evoke Apts_Wetland Impact_20200327.dwg, 4/14/2020 3:52:30 PM
Ü
0 500250
Feet
32 Clayton St
Asheville, North Carolina 28801
FEMA Floodplain Map
FIRM Panel 3710540700J
Figure 6
Union County,
North Carolina
Drawn by: AKT Date; 04.21.2020 CEC Project #1048
Project Area
Legend
Project Area
AE
Evoke Indian Trail (+/- 28.18 AC)
ATTACHMENT A
Preliminary Jurisdictional Determinations

USACE Action ID 2019-01147 for 20.2 AC
Request for PJD on additional 10.6 AC

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RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574
Date: 2019.08.14 15:06:50 -04'00'
Jurisdictional Determination Request
Version: May 2017
Page 1

This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELDOFFICES
US ArmyCorps of Engineers
151 Patton Avenue,Room 208
Asheville, North Carolina28801-5006
GeneralNumber: [phone]
Fax Number: [phone]
RALEIGHREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina27587
GeneralNumber: [phone]
Fax Number: [phone]
WASHINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
2407 West Fifth Street
Washington, North Carolina27889
GeneralNumber: [phone]
Fax Number: [phone]
WILMINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
GeneralNumber:910-251-4633
Fax Number: [phone]
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Jurisdictional Determination Request
Version: May 2017
Page 2
A. PARCEL INFORMATION
Street Address: _______________________________________________
City, State: _______________________________________________
County:
Parcel Index Number(s) (PIN):
B. REQUESTORINFORMATION
Name:
Mailing Address:
_________________________________________
Telephone Number: _________________________________________
Electronic Mail Address: ________________________________________
Select one:
I am the current property owner.
I am an Authorized Agent or Environmental Consultant
1
Interested Buyer or Under Contract to Purchase
Other, please explain. ________________________________________
__________________________________________________________
C. PROPERTY OWNER INFORMATION
2
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
_______________________________________________________________________________________________________________________
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
5304 Rosetta Dr
Monroe, NC 28110
Union
See Attached Landowner Info
ClearWater Environmental Consultants
32 Clayton Street
828-698-9800
Scott Bayer
215 N Pine Street
Charlotte, NC 28202
336.314.6169
[e-mail]
✔
Jurisdictional Determination Request
Version: May 2017
Page 3

D. PROPERTY ACCESS CERTIFICATION
3,4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Print Name
Capacity: Owner Authorized Agent5
Date
Signature
E. REASON FOR JD REQUEST:(Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources underCorpsauthority.
I intendto construct/develop a project or perform activities on this parcelwhich may
require authorization from the Corps, andthe JDwould beusedto avoid and minimize
impacts tojurisdictional aquatic resources and as aninitialstep in a future permitting
process.
I intendto construct/develop a project or perform activities on this parcelwhich may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
I intendto construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
I believe that the site may be comprised entirely of dry land.
Other:___________________________________________________________________
_______________________________________________________________________
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
See Attached
✔
Jurisdictional Determination Request
Version: May 2017
Page 4

F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be “waters of the United States” or “navigable waters of the United States”on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional “waters of
the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
“preliminary” in the sense that an approved JD can be requested at any time. PJDs do
not expire.
I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional “waters of the United States” or “navigable waters of the United
States” are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other “affected
party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
Size of Property or Review Area acres.
The property boundary (or review area boundary) is clearly physically marked on the site.
10.6
✔
✔
✔
Jurisdictional Determination Request
Version: May 2017
Page 5

H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: ______________________
Longitude: ______________________
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11x17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
ƒNorth Arrow
ƒGraphical Scale
ƒBoundary of Review Area
ƒDate
ƒLocation of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
ƒJurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
ƒJurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
ƒIsolated waters, waters that lack a significant nexus to navigable waters, or non-
jurisdictional upland features should be identified as Non-Jurisdictional. Please
include a justification in the label regarding why the feature is non-jurisdictional (i.e.
“Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
ƒWetland and non-wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non-wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
____________________________________________________________________________
6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the
supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Jurisdiction/
35.051108
-80.642730
✔
✔
✔
Jurisdictional Determination Request
Version: May 2017
Page 6

Completed appropriate Jurisdictional Determination form
x PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the
Aquatic Resource Table
x AJDs, please complete an Approved Jurisdictional Determination Form
8
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
_____________________________________________________________________________
7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf
8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine
whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory
authorities referencedabove.
RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local
government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal
law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the
approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website
andontheHeadquartersUSAGEwebsite.
Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the
requestforanAJD cannot beevaluatednorcananAJD be issued.
✔
✔
✔
✔
✔
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A.REPORT COMPLETION DATE FOR PJD:
B.NAME AND ADDRESS OF PERSON REQUESTING PJD:
C.DISTRICT OFFICE, FILE NAME, AND NUMBER:
D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: County/parish/borough: City:
Center coordinates of site (lat/long in degree decimal format):
Lat.:Long.:
Universal Transverse Mercator:
Name of nearest waterbody:
E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE”SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non-wetland
waters)
Geographic authority
to which the aquatic
resource “may be”
subject (i.e., Section
404 or Section 10/404)
See attached
April 21, 2020
ClearWater Environmental Consultants
Wilmington District
NC Union Indian Trail
35.051108, -80.642730
NAD83
South Fork Crooked Creek
6/18/2019, 2/20/2020, 3/11/2020
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring “pre-
construction notification” (PCN), or requests verification for a non-reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant’s acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit)or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there “may be” waters of the U.S. and/or that there “may be”navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑� Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Vicinity Map, Topo Map, Aerial Map, Soil Map, Delineation Map
■❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheetstdelineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters` study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale & quad name: Matthews Quad 1:24K
0 Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMAIFIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
0 Photographs: 0 Aerial (Name & Date): NCCGIA 2019
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
. ak. 4 4 &N-v 4 fZnff\A
Sign re gril date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE” SUBJECT TO REGULATORY JURISDICTION 
Site 
number 
Latitude 
(decimal 
degrees) 
Longitude 
(decimal 
degrees) 
Estimated amount 
of aquatic resource 
in review area 
(acreage and linear 
feet, if applicable) 
Type of aquatic 
resource (i.e., wetland 
vs. non‐wetland 
waters) 
Geographic authority 
to which the aquatic 
resource “may be” 
subject (i.e., Section 
404 or Section 10/404) 
W1 35.05110 ‐80.64290 1.54 wetland Section 404 
W2 35.05120 ‐80.64260 0.004 wetland Section 404 
W3 35.05220 ‐80.64480 0.05 wetland Section 404 
W4 32.05280 ‐80.64320 0.023 wetland Section 404 
W5 35.05470 ‐80.64510 0.014 wetland Section 404 
W6 35.05288 ‐80.64347 0.029 wetland Section 404 
W7 35.05516 ‐80.64530 0.045 wetland Section 404 
W8 35.05567 ‐80.64532 0.049 wetland Section 404 
S1 35.05090 ‐80.64280 351 non‐wetland Section 404 
S2 35.05190 ‐80.64449 382 non‐wetland Section 404 
OW1 35.05547 ‐80.64537 0.216 non‐wetland Section 404 

Evoke Indian Trail (+/- 28.18 AC)
Ü
0 10.5
Miles
32 Clayton St
Asheville, North Carolina 28801
Vicinity
Figure 1
Union County,
North Carolina
Drawn by: AKT Date; 02.28.2020 CEC Project #1048
Project Area
Legend
Project Area
Ü
0 10.5
Miles
32 Clayton St
Asheville, North Carolina 28801
USGS Topographic Map
Matthews Quad
Figure 2
Union County,
North Carolina
Drawn by: AKT Date; 02.28.2020 CEC Project #1048
Project Area
Legend
Project Area
Evoke Indian Trail (+/- 28.18 AC)
Ü
0 500250
Feet
32 Clayton St
Asheville, North Carolina 28801
Aerial Photograph
NC OneMap 2019
Figure 3
Union County,
North Carolina
Drawn by: AKT Date; 02.28.2020 CEC Project #1048
Project Area
Legend
Project Area
Evoke Indian Trail (+/- 28.18 AC)
CmB
BuB
CnB
Ü
0 500250
Feet
32 Clayton St
Asheville, North Carolina 28801
USDA Soils Map
NRCS- Web Soil Survey
Figure 4
Union County,
North Carolina
Drawn by: AKT Date; 02.28.2020 CEC Project #1048
Project Area
Legend
Project Area
MUSYM
CmB - Cid channery silt loam 1-5% slopes
BuB - Badin-Urban land complex, 2-8% slopes
CnB - Cid-Urban land complex 1-5% slopes
Evoke Indian Trail (+/- 28.18 AC)
Ü
0 500250
Feet
32 Clayton St
Asheville, North Carolina 28801
Delineation Map
Site Delineated on June 17, 2019,
Feb 10, 2020 and March 11, 2020
Figure 5
Union County,
North Carolina
Drawn by: AKT Date; 3.23.2020 CEC Project #1048
Project Area
Evoke Indian Trail (+/- 28.18 AC)
Project Area
Delineation
Stream
Wetland
OpenWater
Culvert
Parcel Lines
Additional Area for PJD Request (10.6 AC)
Existing PJD Issued 8.14.2019
Non Jurisdictional Storm Water Pond
W3
W1
S1
W6
W5
W7
W8
OW1
S2
W4
W1 1.54 S1 351 OW1 0.216
W2 0.004 S2 382
W3 0.05
W4 0.023
W5 0.014
W6 0.029
W7 0.045
W8 0.049
Total 1.754 733 0.216
Potentially Jurisdictional Water
Wetland (AC)Stream (LF)Open Water (AC)
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ATTACHMENT B
Project Plans

8300'LP16121012
10 1212121081211126 76910
1
2
1
2
10121212126524" RCP
-
I
I
I
18" RCP-III
W
WWWWWWWWWWWWWW514121271291210121212121110612125814641212125 10
88810
84 4 8786111289101212127119SEVEVEVEVEVEVEVEVE
V
E
V
E
V
E
V
R/W (T.O.I.T.)117,489 sq ft2.70 acR/W (NCDOT)39,520 sq ft0.91 acTREE SAVE : 151,574 sq ft1.18 acTREE SAVE : 2109,220 sq ft2.51 ac86446446426486
5
0
650648650646646652650654656 658656654
652650MAIL CLUSTER B
OX
SheetScale
N
S
W
EE.E.I.DESIGNED BY CHECKED BY
JOB NUMBER
DRAWN BY
DATE
NO.DATE BY ISSUE
www.eagleonline.net
2013A Van Buren Avenue
Indian Trail, NC 28079
[phone]
FIRM LICENSE # C-0873
AS SHOWN 1/15/2020 6845
REZONING
CONCEPT PLAN
SUN VALLEY APARTMENTS
INDIAN TRAIL, NC
MULTI FAMILY USA
215 N PINE STREET
CHARLOTTE, NC 28202
JHRKELJHR/KELRZ-100100'200'100PRELIMINARYNOT FORCONSTRUCTION03042050' BUFFER
CLASS "C"CLUBHOUSEBETHEL LANEWESLEY CHAPEL-STOUTS RD.PROPOSED LOCATION OFFUTURE ROUNDABOUT121'
TOWN
OF

IND
IAN
TRA
ILVILLAGE
SECT
ION
R
/WWATER QUALITYBMPWATER QUALITYBMPPARKING SUMMARYREQUIRED1 BR UNIT: 1.5 SP2 BR UNIT: 2 SP3 BR UNIT: 2.5 SPUNIT SUMMARY105- 1BR UNITS : 158 SP175 - 2BR UNITS: 350 SP 40 - 3BR UNITS: 100 SPRESIDENT SPACES REQUIRED: 608GUEST PARKING: 1 SP PER 4 RESIDENT SP.= 152 (+25%)PARKING PROVIDED608 RESIDENT SPACES163 GUEST SPACES771 SPACES TOTALSITE AND DEVELOPMENT DATAJURISDICTIONZONINGMINIMUM PERIMETER SETBACKMINIMUM LOT SIZETAX PARCEL(S):SITE ADDRESS:MINIMUM LOT WIDTH USE CLASSIFICATIONPROPOSED ZONINGTOTAL AREARIGHT-OF-WAY DEDICATIONINDIAN TRAIL07069132A, 07069132B, 07069133,07069133A, 07069133B, 07069212,07069149WESLEY CHAPEL STOUTS RD & ROSETTA DR.SF-1, O-VCDMFR, O-VCDMULTIFAMILY RESIDENTIAL28.181 ACRES3.61 ACRES±50'N/AN/AENGINEERING FIRM:EAGLE ENGINEERING, INC.STREET ADDRESS: 2013A VAN BUREN AVENUECITY, STATE, ZIPINDIAN TRAIL, NC 28079PHONE:[phone]FAX:[phone]EMAIL [e-mail] ENGINEER:John Ross, P.E.DEVELOPER: MULTIFAMILY USASTREET ADDRESS: 215 N PINE STREECITY, STATE, ZIP:CHARLOTTE, NC 282202PHONE: [phone] EMAIL: [e-mail]: SCOTT BAYERIOWNER: DEBORAH K KELLYSTREET ADDRESS: PO BOX 2004CITY, STATE, ZIP:INDIAN TRAIL, NC 28079 MINIMUM STREET SETBACK30'OWNER: TIMOTHY C MOSESSTREET ADDRESS: 3115 WESLEY CHAPEL STOUTS RD.CITY, STATE, ZIP:MONROE, NC 28110 VICINITY MAP(NTS)SITEBUILDING 1BUILDING 2BUILDING 3BUILDING 4BUILDING 5TAX PIN: 07090005PSUN VALLEY COMMONS, LLCPB L, FILE 519(NOW OR FORMERLY)TAX PIN: 07090006DSUN VALLEY COMMONS, LLCDB 3198, PAGE 453(NOW OR FORMERLY)TAX PIN: 07090040BILLY W. STROUD, JR.DB 6617, PAGE 827(NOW OR FORMERLY)TAX PIN: 07090039BILLY W. STROUD, JR.DB 6617, PAGE 827(NOW OR FORMERLY)TAX PIN: 07090038BILLY W. STROUD, JR.DB 6617, PAGE 827(NOW OR FORMERLY)TAX PIN: 07069160RONALD G. HINSONDB 3913, PAGE 325(NOW OR FORMERLY)TAX PIN: 07069159
SHARON ANN ROLLI
N
S
DB W13E, PAGE 005
0
(NOW OR FORMERL
Y
)
TAX PIN: 07069158
MICHAEL E CHURCH
(NOW OR FORMERL
Y
)
TAX PIN: 07069157
ROMONIA L PRICE
DB 5384, PAGE 627
(NOW OR FORMERL
Y
)TAX PIN: 07069155KEVIN L & JULIE D CHURCH(NOW OR FORMERLY)TAX PIN: 07069154SELENA C MATTHEWS(NOW OR FORMERLY)TAX PIN: 07069153
MARY SMITH TAYL
O
R
,

E
T

A
L
DB W18E, PAGE 065
2
(NOW OR FORMERL
Y
)
TAX PIN: 07069152
MARY SMITH TAYLO
R
,

E
T

A
L
DB W18E, PAGE 065
2
(NOW OR FORMERL
Y
)TAX PIN: 07069151MARY SMITH TAYLOR, ET ALDB W18E, PAGE 0652(NOW OR FORMERLY)TAX PIN: 07069150DEBORAH KELLY(NOW OR FORMERLY)TAX PIN: 07069004JAMES MADISON HARKEY &JERRY PRICE(NOW OR FORMERLY)TAX PIN: 07069004A JERRY LEE PRICEDB 4128, PG 114(NOW ORFORMERLY)TAX PIN: 07069003LESLIE H GALAX TRUSTEE,ET ALDB 6315, PG 246(NOW OR FORMERLY)TAX PIN: 07069002LYNDA AMARO, ET ALDB W13E, PG 858(NOW OR FORMERLY)WATER QUALITYBMP500'APPROXIMATE WETLAND LOCATIONPARKPARKCOMMON AREAEXISTING ACCESS& UTILITY EASEMENT(PLAT CAB. I, FILE 878)EXISTING PUMPSTATIONEX. MH-1(SUN VALLEY COMMONS, PH. 1)PROBABLE ROUTE TO EX. MH 1(EASEMENTS TO BE ACQUIRED)64 DWELLINGUNITS4 STORY1 STORYCAR WASH STATION& MAINTENANCE SHEDPUTTINGGREENGRILLING &SEATINGAREACAR CHARGING SPACESDOG PARKDOG PARKTAX PIN: N70870082 GEN HOLDINGS, LLC.DB 5897, PAGE 493(NOW OR FORMERLY)TAX PIN: N7069124ESSA T AZAR & CATHY ANN AZARDB 2069, PAGE 412(NOW OR FORMERLY)TAX PIN: N7069125BCHRIS T AZAR &CATHY ANN AZARDB 1488, PAGE 777(NOW OR FORMERLY)TAX PIN: N7069161CHRIS T AZARDB 6626, PAGE 653(NOW OR FORMERLY)TAX PIN: N7069162THE JOHN RICHARDSGROUP, LLC.DB 6978, PAGE 040(NOW OR FORMERLY)GRILL/FIRE PITAMENITY64 DWELLINGUNITS4 STORY64 DWELLINGUNITS4 STORY64 DWELLINGUNITS4 STORY64 DWELLINGUNITS4 STORYPH.2
PH. 1
PH.2
PH. 1 50' BUFFERCLASS "C"50' BUFFERCLASS "C"50' BUFFERCLASS "C"PROPOSED10' SIDEWALKPROPOSED6' STREETSCAPEBUFFERRIGHT-OF-WAYRESERVED FORFUTURECONNECTIVITYPROPOSEDMONUMENTSIGNPROPOSEDMONUMENTSIGNOWNER: CHRIS T. & CATHY ANN AZARSTREET ADDRESS: 5523 ORR RDCITY, STATE, ZIP:MONROE, NC 28110 TOTAL UNITS320DENSITY11.4 UNITS/ACRE10' PAVED MULTI-USE PATHTO SUN VALLEY COMMONSSPEEDTABLECROSSWALKTREE SAVE AREA3.69 ACRES (15%)PROPOSED 3 LANE CROSS SECTIONBETWEEN BETHEL LANE AND SUN VALLEY COMMONS ENTRANCEPROPOSED LT TURN LANEPROPOSED LT TURN LANETRASH/RECYCLINGTRASH/RECYCLINGTRASH/RECYCLINGCAR CHARGING SPACESSTREET TREES50' O/C30'SIDEYARDCBUCBUX:\Land Projects R2\6845-C-NC Evoke at Indian Trail\DWG\Civil\Plans\6845_SUN VALLEY APTS_RZ.dwg, 4/20/2020 11:40:58 AM
www.eagleonline.net2013A Van Buren Ave.Indian Trail, NC 28079(704) 882-4222ScaleDESIGNED BYCHECKED BYJOB NUMBERDRAWN BYDATEAS SHOWN4/14/20206845CONSTRUCTION DETAILSJHRKELKELEVOKE AT INDIAN TRAILINDIAN TRAIL, NCMULTIFAMILY USA215 N PINE STREETCHARLOTTE, NC 282020050'100'50PRELIMINARYNOT FORCONSTRUCTION040220X:\Land Projects R2\6845-C-NC Evoke at Indian Trail\DWG\Civil\Exhibits\6845_Evoke Apts_Wetland Impact_20200327.dwg, 4/14/2020 3:52:30 PM

ATTACHMENT C
NCDMS In-Lieu Fee Request

April 21, 2020

Scott Bayer
Multifamily USA
215 N. Pine Street
Charlotte, NC 28202 Expiration of Acceptance: 10/20/2020

Project: Evoke Indian Trail County: Union
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Yadkin 03040105 Riparian Wetland 0.217

Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in-lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,

FOR James. B Stanfill
Asset Management Supervisor

cc: Alea Tuttle, agent
ATTACHMENT D
Threatened and Endangered Species Information

Updated: 06-27-2018
Critical Habitat Designations:
Carolina heelsplitter - Lasmigona decorata - The main stem of Goose Creek (Pee Dee River system), from
the N.C. Highway 218 Bridge, downstream to its confluence with the Rocky River, and the main stem of
Duck Creek, from the Mecklenburg/Union County line, downstream to its confluence with Goose Creek; the
main stem of Waxhaw Creek (Catawba River system), from the N.C.Highway 200 Bridge, downstream to the
North Carolina/South Carolina State line; and the main stem of Flat Creek (Pee Dee River system), Lancaster
County, South Carolina, from the S.C. Route 204 Bridge, downstream to its confluence with the Lynches
River, and the main stem of the Lynches River, Lancaster and Chesterfield Counties, South Carolina, from the
confluence of Belk Branch, Lancaster County, northeast (upstream) of the U.S.Highway 601 Bridge,
downstream to the S.C. Highway 903 Bridge in Kershaw County, South Carolina. Within these areas, the
primary constituent elements include: (i)Permanent, flowing, cool, clean water; (ii)Geomorphically stable
stream and river channels and banks; (iii)Pool, riffle, and run sequences within the channel; (iv)Stable
substrates with no more than low amounts of fine sediment; (v)Moderate stream gradient; (vi)Periodic natural
flooding; and (vii)Fish hosts, with adequate living, foraging, and spawning areas for them.
Federal Register Reference: July 2, 2002, Federal Register, 67:44501-44522.
Common Name Scientific name Federal
Status
Record Status
Vertebrate:
Carolina darter Etheostoma collis collis FSC Current
Invertebrate:
Atlantic pigtoe Range by Basin Fusconaia masoni ARS Current
Carolina creekshell Villosa vaughaniana FSC Current
Carolina heelsplitter Lasmigona decorata ECurrent
Savannah lilliput Toxolasma pullus FSC Current
Union County Endangered Species, Threatened Species,Federal Species ... https://www.fws.gov/raleigh/species/cntylist/union.html
1 of 3 2/28/2020, 5:46 PM
Yellow lampmussel Lampsilis cariosa FSC Probable/potential
Vascular Plant:
Georgia aster Symphyotrichum georgianum CCurrent
Michaux's sumac Rhus michauxii E Historic
Piedmont aster Eurybia mirabilis FSC Current
Ravine Sedge Carex impressinervia FSC Current
Schweinitz's sunflower Helianthus schweinitzii ECurrent
Virginia quillwort Isoetes virginica FSC Historic
Nonvascular Plant:
Lichen:
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to
support listing. (Formerly "C1" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered
Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species;
although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting
species proposed for listing.
FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species
Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service)
define Federal Species of Concern as those species that appear to be in decline or otherwise in need of
conservation and are under consideration for listing or for which there is insufficient information to support
listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other
selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage
Program Lists.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance
with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically
endangered or threatened and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential).
Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species
on public land, for consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT",
respectively.
Bald and Golden Eagle Protection Act (BGPA):
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed
(de-listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August
8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes
the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a
statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle
Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid
disturbing bald eagles. For mor information, visit http://www.fws.gov/migratorybirds/baldeagle.htm
Threatened due to similarity of appearance(T(S/A)):
Union County Endangered Species, Threatened Species,Federal Species ... https://www.fws.gov/raleigh/species/cntylist/union.html
2 of 3 2/28/2020, 5:46 PM
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from
New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south
to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The
T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part
of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife
Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known
records (in adjacent counties), the presence of potentially suitable habitat, or both.
Union County Endangered Species, Threatened Species,Federal Species ... https://www.fws.gov/raleigh/species/cntylist/union.html
3 of 3 2/28/2020, 5:46 PM
NCNHDE-11513
February 28, 2020
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, NC 28801
RE: Evoke Indian Trail; 1048
Dear ClearWater Environmental Consultants, Inc.:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally-listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Evoke Indian Trail
Project No. 1048
February 28, 2020
NCNHDE-11513
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Vascular Plant 28613 Baptisia alba Thick-pod White Wild
Indigo
2010-04-28 C 2-High ---Threatened G5 S2
Vascular Plant 28612 Callitriche terrestris Terrestrial Water-
starwort
2010-05-05 A 2-High ---Significantly
Rare Other
G5 S2?
No Natural Areas are Documented Within a One-mile Radius of the Project Area
No Managed Areas are Documented Within a One-mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on February 28, 2020; source: NCNHP, Q1 Jan 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
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