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20210626 Ver 1_ePCN Application_20210319
DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20210626 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Robb Mairs:eads\rlmairs2 Information for Initial Review 1a. Name of project: 124 SE 75th Street, Oak Island 1a. Who is the Primary Contact?* Dana A. Lutheran 1b. Primary Contact Email:* dlutheran@segi.us Date Submitted 3/19/2021 Nearest Body of Water Atlantic Ocean Basin Cape Fear Water Classification Jump and Run Creek - SA;HQW Site Coordinates Latitude: 33.906907 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project r Yes r No Longitude: -78.089799 Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version#* 1 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)228-1841 L.1 Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: r 401 Water Quality Certification - Regular W Non-404 Jurisdictional General Permit r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment Credit Reservation_124 SE 75th St Oak Island.pdf 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1i. lathe project located within a NC DCM Area of Environmental Concern (AEC)? C Yes r No 1j. Is the project located in a designated trout watershed? 4 Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Robert G. Straub 2b. Deed book and page no.: 3060/475 2c. Responsible party: Robert G. Straub 2d.Address Street Address 300 Keelers Court Address tine 2 city Point Vedra Beach Postal / Zip Code 32082 r Unknown Slate / Rovinoe / Region FL Country US 133.97KB r Yes r No r Yes r No 2e. Telephone Number: (910)363-1620 2g. Email Address:* garrettisenhour@isenhourhomes.com 3. Applicant Information (if different from owner) 3a. Name: Mr. Garrett Isenhour 3b. Business Name: Isenhour Homes, LLC (Under Contract, see attached) 3c.Address Street Address 3411 Healy Drive, Ste A Address tine 2 CRY Winston-Salem Postal / Zip Code 27103 3d. Telephone Number: (910)363-1620 3f. Email Address:* garrettisenhour@isenhourhomes.com 4. Agent/Consultant (if applicable) 4a. Name: Dana A. Lutheran 4b. Business Name: Southern Environmental Group, Inc. (SEGi) 4c.Address Street Address 5315 South College Road Address Line 2 Suite E city Wilmington Postal / Zip able 28412 4d. Telephone Number: (910)228-1841 4f. Email Address:* dlutheran@segi.us Agent Authorization Letter* Signed Agent Authorization. pdf 2f. Fax Number: State / Province / Region NC Country us 3e. Fax Number: State / Province / legion NC Country us 4e. Fax Number: 535.15KB C. Project Information and Prior Project History L• 1. Project Information 1b. Subdivision name: (d appropriate) NA 1c. Nearest municipality/town: Oak Island 2. Project Identification 2a. Property Identification Number: 2b. Property size: 250BL01901 0.14 2c. Project Address Street Address 124 SE 75th Street Address tine 2 CRY Oak Island Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Atlantic Ocean 3b. Water Resources Classification of nearest receiving water:* Jump and Run Creek - SA;HQW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050802 4. Project Description and History State / Rovince / Rion NC Country 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project site is currently wooded and located in a densely developed area. Residential development is the general land use, within the vicinity of the project. The project is bordered by SE 75th Street, to the wrest, undeveloped lots, to the north and east, and a single family dwelling, to the south. Section 404 wetlands are found to extend across most of the front of the property, down along the southern side and along the back (see attached site plan and JD Request Packet). The wetland exhibits the characteristics of a large basin wetland that is connected to Jump and Run Creek, through a series of roadside ditches. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 4f. List the total estimated acreage of all existing wetlands on the property: 0.099 4g. List the total estimated linear feet of all existing streams on the property: None 4h. Explain the purpose of the proposed project:* The purpose of this project is construct a 50' x 34', single family dwelling, with driveway access and maintenance corridor, around the house. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Work will entail removing woody and herbaceous vegetation, from the impact area, and backfilling with clean earthen soil. A backhoe, bulldozer and dump trucks will be used to complete the work. Indirect impacts are not anticipated to take place, as a result of the project. 4j. Please upload project drawings for the proposed project. 124 SE 75th St. Site Plan Option 1.pdf 5.05MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O Unknown Comments: A PJD is being sought with this application. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: A PJD is being sought with this permit application 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Scibetta Agency/Consultant Company: SEGi Other: 5d1. Jurisdictional determination upload JD Request Package 122, 124 SE 75th St. 031821.pdf 12.38MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? This project has neither received any NWP, RGPs or IPs, in the past, nor does it require any of these permits, in the future, to make the project viable. D. Proposed Impacts Inventory 1. Impacts Summary Ia. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries ❑ Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a. Site #*(?) 2al Reason (?) 2b. Impact type *M 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* A Lot fill ��P Pocosin L Yes Corps 0.099 771� __1(acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.099 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.099 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The Applicant a)plored two options for developing the property. Option 1 has the house pushed as far forward as possible, while Option 2 has the house as far back, as possible (see attached). For both options, the Applicant intends to utilize the Town of Oak Island's encroachment allowance. Option 1 entails encroaching into the 8' side yard setback and 25' front yard setback, and Option 2 entails encroaching into the side yard setback and 20' back yard setback, in order to minimize wetland impacts. As you will see, Option 1 impacts 3780 SF/0.086 AC of wetland impact, while Option 2 requires 2895 SF/0.066 AC of impacts. Clearly Option 2 impacts less wetlands, however, it leaves a very small (i.e., -1120 SF10.026 AC) detached, wetland pocket, in the front left corner of the lot, which would need to be connected to the remaining wetland, at the rear of the property, with some sort of pipe. Under Option 2, it is anticipated, over time, the wetland pocket will lose its hydrologic and vegetative components, as it will regularly be mowed, and thus would be considered an indirect impact associated with the proposed development. Therefore, the Applicant chose Option 1, which does not require isolating the remaining wetlands. tb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: To ensure unauthorized impacts do not take place during the construction process, silt fence will be installed on the approved limits of impact and highlighted with orange construction fence, in areas where wetland impacts are not authorized. 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? r Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee F Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: LCFUMB 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.20 Attach Receipt and/or letter 3c. Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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? r Yes r No If no, explain why: The project is not located in one of NC's Riparian Buffer River Basins. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r NiA- project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: A stormwater permit will be secured through the local permit authority. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) V 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This project neither provides access to currently land locked property nor is it part of PUD. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Town of Oak Island 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes f• No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? This project is a densely populated area, where T&E and their CH are unlikely to occur. Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* This project is neither adjacent or abutting a water body that would support EFH. 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* This project is neither located within a National Historic Trust Area nor a property that is significant in NC history and/or archeology. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: The proposed project will not increase the elevation of the property by more than 24". The house will be built to meet FEMA floodplain requirements (i.e. heated floorspace at least 2' above base flood elevation). 8c. What source(s) did you use to make the floodplain determination?* Brunswick Co. GIS Flood Map (see attached). Miscellaneous Comments Miscellaneous attachments not previously requested. 124 SE 75th OTP.pdf 2.12MB 124 SE 75th Street Flood Map.pdf 153.64KB 124 SE 75th St. Site Plan Option 2.pdf 5.05MB Signature * R By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN 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 • I intend to electronically sign and submit the PCN form. Full Name: Dana A. Lutheran Signature Date 3/19/2021 LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY March 16, 2021 TO: Isenhour Homes, LLC 4330 Southport Supply Rd STE 101 Southport, NC 28461 FROM: Lower Cape Fear Umbrella Mitigation Bank c/o Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Project: 124 SE 75th St Oak Island (Brunswick County, NC) Dear Isenhour Homes, LLC: Pursuant to the recent credit request submitted on your behalf, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed non‐ riparian wetland impacts associated with 124 SE 75th Oak Island (Brunswick County, NC). This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Based upon receipt of your email transmitted on March 15, 2021, LCFUMB will reserve 0.2 non‐riparian wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90‐day period. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $12,252.87. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant’s responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and/or its agents are not responsible for determining the applicant’s mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452‐0001 or by email at cpreziosi@lmgroup.net. Sincerely, Land Management Group (agent for LCFUMB) Christian Preziosi Principal Consultant Mitigation Type Credits Reserved Fee Per Unit Fee Stream 0.0 $558.81 $0.00 Non‐Riparian Wetland 0.2 $61,264.36 $12,252.87 Riparian (Riverine) Wetland 0.0 $61,264.36 $0.00 Total Fee $12,252.87 SEGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL I.D. STREET ADDRESS: Property Owner (please print): The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Property Owner Authorized Signature SEGi Authorized Signature David Scibetta Print Name Print Name 3/18/2021 Date Date L-15 B-9B OAK ISLAND ESTATES PL 5/20, L-16 B-9B OAK ISLAND ESTATES PL 5/20 250BL01901, 250BL01902 122, 124 SE 75th Street Isenhour Homes c/o Todd Isenhour A1 A10 Stop Wetland ~0.005 ac. Wetland ~0.09 ac.SE 75th St4Field Sketch of Wetland Resources 122, 124 SE 75th St. Oak Island, Brunswick Co., N.C. 2/16/2021 021-028.01 Property Line Approx. Wetlands Map Source: 2019 NCOneMap Orthoimagery 1 inch = 25 feet 0 10 20 30 40 505 Feet DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (Form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For• valuable consideration, the receipt and legal sufficiency of which ar•e hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract" ). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": Robert G. Straub Jr., Sharon K. Straub (b) "Buyer": Isenhour Homes LLC. (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2AI I-T) with this offer. Street Address: 124 SE 75th Street City: Oak Isalnd County: Brunswick North Carolina Zip: 28465 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference :Lot/Unit 16 Block/Section 915 Subdivision/Condommium Oak Island Estates as shown on Plat Book/Slide 5 at Page(s) 20 The PIN/PID or other identification number of the Property is: 250BLO1901 Other description: L46 913 Oak Island Estates PL 5/20 Some or all of the Property may be described in Deed Book 3060 at Page 475 (d) "Purchase Price": $ 170,000.00 $ 29000900 $ 168,000.00 paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by ❑ cash FX] personal check official bank check wire transfer, electronic transfer, EITHER with this offer OR ❑X within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on TIME BEING OF THE ESSENCE. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). Page 1 of 12 This form jointly approved by: North Carolina Bar Association REACTOR®North Caro °Association of REALTO i In °S Buyer initial G� Seller initi is Cambridge Isenhour Inc., 4330 Southport -Supply Road Southport, NC 28461 Phone: 9107138303 Scott Isenhour Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 �wiw.zipLogix.com STANDARD FORM 124 Revised 7/2020 © 712020 Fax: 9103634870 124 SE 751h Sheet DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller. The payment of the Earnest Money Deposit to Seller and the retention of any Due Diligence Fee by Seller (without regard to their respective amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property. It is acknowledged by the parties that the amount of the Liquidated Damages is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Buyer. The payment to Seller and/or retention by Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): Randall L. Perry PLLC Buyer and Seller consent to disclosure by the Escrow Agent of any material facts pertaining to the Earnest Money Deposit to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker (`Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT' MAY YLAt;t±; trtE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(n) or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. Page 2 of 12 STANDARD FORM 12-T DS DS DS (�. Revised 7/2020 Buyer initial "� Seller initia S 0 F� � ©7/2020 oduced with zipForm® by zipLogi 1 ifte , Fraser, Michigan 48026 www.zint-ock.coin 124 SE 75th street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 J) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on February 26, 2021 TIME BEING OF THE ESSENCE. (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place or, 90 days from execution of contract the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. NOTE: See paragraph 9, DELAY IN SETTLEMENT/CLOSING for conditions under which Settlement may be delayed. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 9 (Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORSO that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 5(b), and Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). 2. BUYER'S DUE DILIGENCE PROCESS: WARNING.Buy ER IS STRONGLY ENCOURAGED TO CONDUCT DUE DII,IGENCE DURING THE DUE DILIGENCE PERIOD. Uy er is not satisfied with the results or progress of Buyer's Due gence, Buyer should terminate this Contract, prior to the expiration of the Dare Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (a) Loan: Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. Page 3 of 12 STANDARD FORM 124 DS DS DS f Revised 7/2020 Buyer initials Cb Seller initial �� © 7/2020 duced with zipForrng by zipLogix iftee , Fraser, Michigan 48026 www zipt-ooix corn 124 SE 75th Street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2Al2-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals: An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii)Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, storm water management, and means of access to the Property and amenities. (x) Streets/Roads. Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136402.6(f) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute, consult a NC real estate attorney. (xi) Sale/Lease of Existing Property: As noted in paragraph 3(b), this Contract is not conditioned upon the sale/lease or closinof other perty owned by Buyer. Thereforeif Buyer must sell or lease other real property in order to qualify g pro , for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing on Buyer's other property will take place prior to the Settlement Date of this Contract. (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. Page 4 of 12 STANDARD FORM 12-T Llt uyer initial Seller initial�11© 7/2020 roduced with zipForm® by zipLogix ee Fraser, Michigan 48026 wwwAnt-gaix.com 124 SE 75th Street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. (t) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan: Buyer Irk"I does ❑ does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other: Construction (line of credit) loan at a ❑Fixed Rate []Adjustable Rate in the principal amount of for a term of year(s), at an initial interest rate not to exceed % per annum (the "Loan"). NOTE: Buyer's obligation under this Contract are not conditioned upon obtaining or closing any loan. NOTE: If Buyer does not intend to obtain a new loan, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) OtherProperty:Buyer ❑DOES ❑X DOES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase. (Complete the following only if Buyer DOES have to sell or lease other real property:) Other Property Address: ❑ (Check if applicable) Buyer's other property IS under contract as of the date of this offer, and a copy of the contract has either been previously provided to Seller or accompanies this offer. (Buyer may nark out any confidential information, such as the purchase price and the buyer's identity, prior to providing a copy of the contract to Seller.) Failure to provide a copy of the contract shall not prevent this offer from becoming a binding contract; however, SELLER IS STRONGLY ENCOURAGED TO OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING THIS OFFER, ❑ (Check if applicable) Buyer's other property IS NOT under contract as of the date of this offer. Buyer's property (check only ONE of the following options): ❑ is listed with and actively marketed by a licensed real estate broker. ❑ will be listed with and actively marketed by a licensed real estate broker. ❑ Buyer is attempting to sell/lease the Buyer's Property without the assistance of a licensed real estate broker. NOTE: This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property. If the parties agree to make this Contract conditioned on a sale/lease or closing of Buyer's other property, an appropriate contingency addendum should be drafted by a North Carolina real estate attorney and added to this Contract. (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as maybe specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners' association for providing information required by Buyer's lender; (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees"; (iii) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. Page 5 of 12 ns os os STANDARD FORM 12-9r /' Revised 7/2020 Buyer initial C� Seller initials a C 7/2020 roduced with zipFonn@ by zipLogix 1 emar, Michigan 48026 www zii)Looix.com 124 SE 75th Street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 (c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney:(1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: [Xill has owned the Property for at least one year. has owned the Property for less than one year. does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there ❑are ❑X are not any Proposed Special Assessments. If any Proposed Special Assessments, identify: if any seller will pay Seller warrants thatthere ❑ are ❑X are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: If any seller will pay NOTE: Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑subjects U does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: (❑Applicable X❑Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable ❑X Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July 1,2008, attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title, Payoff Statements) and Non Foreign Status: (i) Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short -pay statements from any such lender(s). (iii) If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there maybe withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, and (3) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). (c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost including any connections and dewinterizing. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. Page 6 of 12 STANDARD FORM 124 DS DS DS Revised 7/2020 Buyer initiaLGtf' Seller initia KS S4s © 7/2020 reduced with zipForm® by zipLogix ifle ,Fraser, Michigan 48026 www zint-oeix com 124 SE 75th Street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 NOTE: See WARNING in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. d) Removal of Seller's Property: Seller shall remove from the Property, by the date possession is delivered, (i) all personal property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Properly within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A4 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising there from. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A41.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A14-T) as an addendum to this Contract. (h) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Ferrer-s obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: Isenhour Homes LLC. (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay. J) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract other than those fees required to be paid by Buyer under paragraph 4(b) above; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined or estimated. The payment of such estimated amount shall be the final payment between the Parties. (1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T): If applicable, Seller shall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to Buyer on or before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If Page 7 of 12 STANDARD FORM 12-T DS DS DS Revised 7/2020 Buyer initial Li' Seller initialLirs, S© 7/2020 roduced with zipForm® by zipLogixfte , Fraser, Michigan 48026 www zip_Loaix com 124 SE 75th Street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise agreed, the following items shall be prorated, with Seller responsible for the prorated amounts through the date of Settlement, and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. RISK OF LOSS/CONDITION OF PROPERTY AT CLOSING: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. If the Property is not in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted, Buyer may terminate this Contract by written notice delivered to Seller and the Earnest Money Deposit shall be refunded to Buyer. If the Property is not in such condition and Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. 9. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non -Delaying Patty and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Patty shall be in breach and the Non - Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such patty under this Contract for the breach. 10. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes, including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 11. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO, ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. ❑ Additional Provisions Addendum (Form 2A11-T) ❑ Owners' Association Disclosure And Addendum For ❑ Additional Signatures Addendum (Form 3-T) Properties Exempt from Residential Property Disclosure ❑ Back -Up Contract Addendum (Form 2A1-T) Statement (Form 2Al2-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) ❑ Identify other attorney or party drafted addenda: NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 12. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection wrtn a tax -deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 13. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect atax-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 patty shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional Page 8 of 12 STANDARD FORM I24 DS OS DS /' Revised 7/2020 Buyer initial C� Seller initia� © 7/2020 oduced with zipForrn® by zipLogix ifte , Fraser, Michigan 48026 www zipLooix.com 124 SE 75th Street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 14. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 15. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the patties hereto until fully observed, kept or performed. 16. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTORO or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 17. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such part's agent. Delivery of any notice to a party via means of electronic transmission shall be deemed complete at such time as the sender performs the final act to send such transmission, in a form capable of being processed by the receiving parry's system, to any electronic address provided for such party in the "Notice Information" section below. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 18. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together• constitute one and the same instrument. 19. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 9 of 12 os ps os STANDARD FORM 12-T /' ,¢� Revised 7/2020 Buyer initial Vy Seller initialL-Lfteen SAS© 7/2020 oduced with zipForm® by zipLogix , raser, Michigan 48026 www.zii)Looix.com 124 SE 75th Street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall g28 2021 give Seller certain rights to terminate 1te the contract as described herein or as otherwise permitted by law. Date: 1/28/2021 �DocuSigned by: Date: / _�DocuSigned by: Buyer (,ar Vr wvwwt,�. Isenhour Home 1714A31406.1. Date: Buyer Entity Buyer: (Name of LLC/Corporation/Partnership/Trust/etc.) By: Name: Print Name Title: Date: Seller Date/28/2021 Seller Sharon K. Entity Seller: (Name ofLLC/Corporation/Partnership/Trust/etc.) By: Name: Title: Date: WIRE FRAUD WARNING Print Name TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY, IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 10 of 12 STANDARD FORM 12-T Revised 7/2020 © 7/2020 Produced with zipFortn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wvnv zioLooix com 124 SE 75th Street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT, INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED, BUYER NOTICE ADDRESS: Mailing Address: 4330 Southport Supply Road Southport, NC 28461 Buyer Fax#: (910)363-4870 Buyer E-mail: toddisenhournaisenhourhomes.com SELLER NOTICE ADDRESS: Mailing Address: 300 Keelers Ct. Ponte Vedra Beach, FL 320826 Seller Fax#: Seller E-mail: kelly.straub�a sanofi.com CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name: Isenhour Reap LLC. Acting as QX Buyer's Agent Seller's(sub)Agent ❑ Dual Agent Firm License #: C30121 Mailing Address: 4330 Southport Supply Rd SE, Southport, NC 28461-9264 Individual Selling Agent: Scott Isenhour ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #:191713 Selling Agent Phone#: (910)713-8303 Selling Agent Fax#: (910)363-4870 Selling Agent E-mail: scottisenhour(u�isenhourhomes.com Listing Firm Name: Acting as Q Seller's Agent Q Dual Agent Firm License #: Mailing Address: Individual Listing Agent: Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #: Listing Agent Phone#: Listing Agent Fax#: Listing Agent E-mail: [THIS SPACE INTENTIONALLY LEFT BLANK] Page 11 of 12 (�.DS DS OS Buyer initial "� Seller initial �S ��� oduced with zipForm® by ziplogix flee Fraser, Michigan 48026 www zi3Logix,com STANDARD FORM 12-T Revised 7/2020 © 7/2020 124 SE 75th Street DocuSign Envelope ID: 5ECD927D-E37D-42B7-A871-A040152054F7 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Robert G. Straub Jr., Sharon K. Straub ("Seller") Buyer: Isenhour Homes LLC. ("Buyer") Property Address: 124 SE 75th Street, Oak Isalnd, 28465 ("Property") ❑ LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ receipt of which Listing Agent hereby acknowledges. Date: Firm: By: (Signature) (Print name) SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ receipt of which Seller hereby acknowledges. Date: Seller: Date; Seller: (Signature) Robert G. Straub Jr. (Signature) Sharon K. Straub ------------------------------------------------------------------------------------------- ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph 1(0 of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Randall L. Perry PLLC By: (Signature) (Print name) ------------------------------------------------------------------------------------------- ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ Escrow Agent as identified in Paragraph 1(0 of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Randall L. Perry PLLC Time: By: Page 12 of 12 (Signature) (Print name) STANDARD FORM 12-T Revised 7/2020 © 7/2020 Produced with zipFomx9 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zipLocix com 124 SE 751h Street 124 SE 75th Street Flood Map A1 A10 Stop Wetland ~0.005 ac. Wetland ~0.09 ac.SE 75th St4Field Sketch of Wetland Resources 122, 124 SE 75th St. Oak Island, Brunswick Co., N.C. 2/16/2021 021-028.01 Property Line Approx. Wetlands Map Source: 2019 NCOneMap Orthoimagery 1 inch = 25 feet 0 10 20 30 40 505 Feet