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HomeMy WebLinkAbout20081740 Ver 3_CAMA Application_20210414ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director April 14, 2021 MEMORANDUM: FROM: AM Nffi NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregq.bodnar@NCDENR.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Crystal Holdings LLC Project Location: 100 Olde Towne Yacht Club, Beaufort, Carteret County Proposed Project: Minor Modification/Transfer to Permit #21-16 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 5, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. D_E NC3PTi i OAROI Nf North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 'Department of FnvironmerruI Qusli 1 O. A SHEET 3 OF 9 PROJECT # PM1070-4 DESIGN FILE: PM1070-4/PM1070-4 CONSTRUCTION.dgn S 9 9 !S QNO NSF 2p4/41 v/oSTM ! FNTS 6 T, 4 LEGEND AC - ACRE INV - INVERT ABC - AGGREGATE BASE JB - JUNCTION BOX COURSE LF - LINEAR FEET BLDG - BUILDING MAX - MAXIMUM BRG - BEARING MBL - MINIMUM BUILDING LINE CF - CUBIC FEET MH - MANHOLE CL - CENTERLINE MIN - MINIMUM CPP - CORRUGATED PLASTIC N/F - NOW OR FORMERLY PIPE NTS - NOT TO SCALE DB - DRAIN BASIN O.C. - ON CENTER DR - DRIVE P/C - PERVIOUS CONCRETE DI - DROP INLET PED - PEDESTAL DIP - DUCTILE IRON PIPE R - RADIUS EL - ELEVATION RCP - REINFORCED CONCRETE PIPE EIR - EX. IRON ROD R/N - RIGHT-OF-WAY EOP - EDGE OF PAVEMENT SDMH - STORMDRAIN MANHOLE EX - EXISTING SH - SHEET FE - FINISHED ELEVATION SIR - SET IRON ROD FF - FINISHED FLOOR STA - STATION FT - FEET IC - TOP OF CURB GV - GATE VALVE TEL - TELEPHONE HOPE - HIGH DENSITY TSW - TOP OF SIDEWALK POLYETHYLENE TYP - TYPICAL SILT FENCE SF LAND DISTURBANCE LIMITS LD- PROPOSED MAIN W WATER PROPOSED SEWER GRAVITY MAIN -SS FORCE MAIN - EXISTING SEWER - EXISTING WATERMAIN PROPOSED CONCRETE CANOPY TREE PROPOSED PERVIOUS Ir== CONCRETE HANDICAP SPACE '. .. PROPOSED GRASS PAVE 30 15 0 !S4 quo 2 Tq� o A'°ROpFR Ty ' 44c 30 60 SCALE: "= 30' 0 ti 0 p) / / / tic- ~/ / � o. \ \ \ / / 3 �0 :�� ff, Z. 7 � � ♦ ��♦ / a / / / / / O 0 , anti // '9 / • °° /// X / 21 / / / / 7114.1 / / l oa / ah / I / 3 / FOR REVIEW ONLY / / / / / / l; 'reo / is / / / 1 ' Oa / / /0,, / / / / / ' �,yP / 0 °a /SI /5h / / 0 / / / \ 7" z 0 \ I / ' 6\ ' 00\ \ •6S Pn CO Q E•\ Pn• e oo ORIGINAL PLANS PREPARED AND DESIGNED BY GINGER Y. TURNER, PE OF STROUD ENGINEERING PA, GREENVILLE, NC REVISIONS: /'. • No. BY DATE GYT 3/29/17 DESCRIPTION MARINA INLET 2 GYT 2/19/19 THE CULLIPHER GROUP,PA 3 GYT 10/18/19 20' UNITS 4 GYT 1/6/2020 UPDATE CONSTRUCTION SET RDC 11/19/20 RECONFIGURE SLIPS 5 ENLARGED MARINA SITE PLAN OWNER: ADDRESS: PHONE: OCEA\S DE YACHT MB CRYSTAL HOLDINGS. LLC C/O DOUG BRADY 517 EAST FORT MACON RD. ATLANTIC BEACH. NC 28512 252-241-1200 THE CULLIPHE G OUP, P.A. ENGINEERING & SURVEYING SERVICES MOREHEAD CITY, N.C. 28557 (252) 773-0090 LICENSE NO. C-4482 NORTH CAROLINA DESIGNED: RDC/GYT DRAWN: RDC/GYT CHECKED: RDC APPROVED: GYT DATE: 1/2/17 SCALE: RONALD D. CULLIPHER, P.E. DATE VICINITY MAP RETAINING WALL ...55.17' N/F RADIO ISLAND INVESTMENTS. LLC ZONED PI 614.90' TOTAL S 70°21'38"E __---75' AEC N/F RADIO ISLAND RENTAL PROPERTY. LLC ZONED PI / _.30' CAMA BUFFER.---_ - 20 19 18 17 16 _ - 25 24 23 2 \ AGF GRASS CELL \ IRRSS 21 IIII�LI������IIIII 30' CAMA BUFFER III��,�I� III��IIIIIIIIIII�IIIIIIIII����IIII��II�II�IIII�I��I�II�III��I��II��I��� 14� i' t 3 t 2 � 16 � 15 I IIIIIII �Ill�llil���������������1��I������I������I������������Il�l��������lIl������_ '' 22 21 BOX 019 18 i 17 IIIIIIIIIIIIIIIII►IIII2IIIIIIIIIIIII►IIIIIIIIIIII►►.�!I,l� ��► 23 001015111111000011 IIIIIIIII 26 25 I,I II iiII1 131 30 29 28 27 ; , z_o_I III :9°- 4.Oa _4.Ou _15.00 EXISTING UPLAND BASIN _ 14.00 4 4.00 _ 13.78 4 4.00 14.00 4 11_86 14.00 4 14.00 14.00 4 14.00 4 400_r -- r - 1 18.28 4 13.81 r -3.7 - r 4 13.8 14.00 - 33 12.25 IIIIIII II lililllllllllll II IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIV6 -30CAMA BUFFER-- 43 44 45 46 47 48 49 50 51 52 chain /ink fence I- -II- I II I --75'AECL-- 1 53 54 55 56 57 58 59 60 61 62 63 64 65 66 CENTERLINE CURVE DATA LENGTH RADIUS 0 CHORD LENGTH CHORD DIRECTION LENGTH RADIUS CHORD LENGTH CHORD DIRECTION LENGTH RADIUS CHORD LENGTH CHORD DIRECTION LENGTH RADIUS CHORD LENGTH CHORD DIRECTION 20.42 18.00 19.34 N31°30'00"W 40.22 50.00 39.15 N24°02'44"E 23.96 50.00 23.73 N33°21'55"E 37.70 24.00 33.94 N64°38'22"E LENGTH RADIUS O5 CHORD LENGTH CHORD DIRECTION LENGTH RADIUS CHORD LENGTH CHORD DIRECTION LENGTH RADIUS 0 CHORD LENGTH CHORD DIRECTION LENGTH RADIUS CHORD LENGTH CHORD DIRECTION 24.50 50.00 24.25 S78°02'06"E 35.76 50.00 35.01 N67°26'20"E 39.88 50.00 38.83 44.93 50.00 43.43 N24°29'45"W 1154.99' TOTAL ei 4,1 al 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 V210.00' TOTAL N/F NC STATE PORT AUTHORITY ZONED PM 103/104 143 MORGAN CREEK r, -1-,67,-a----7,--66-1,----, 1 I Y 1°1---":" 109 111' Or'' 111/11 11!1,,;- 113 II 114 11: 0411 0116 / I /I itoit tit lit#888111818114180#888411118180/8888art;All itaiii1C111(4:41/1 //812:481026)11-1.1-/ Oli: II IN G II 1 Q :05:01: AMABup VEGE T I/ La 141 cr 142 141 140 139 138 154 155 156 157 158 159 107/ 14.00 EXISTING 137 136 135 134 MA BuFFE7R,.. 160 161 162 163 5'SIDEWALK. TYPICAL 133 132 131 130 98 99 100 101 102 103 104 105 166 167 168 169 170 171 113 112 111 110 109 108 123 .122 121 120 119 118 117 116 115 114 196 197 198 199 200 201 202 203 204 205 206 207 173 174 175 176 177 178 179 180 181 182 183 188 189 190 191 192 193 184 185 / chain link fence • CO ACF GRASS CELL PARKING MASTER SITE PLAN I\LET CCVE OWNER: CRYSTAL HOLDINGS. LLC C/O DOUG BRADY ADDRESS: 517 EAST FORT MACON RD. ATLANTIC BEACH. NC 28512 PHONE: 252-241-1200 DESIGNED: RDC/GYT DRAWN: RDC/GYT CHECKED: RDC SHEET 1 OF 9 PROJECT # PM1070-4 DESIGN FILE: PM1070-4/PM1070-4 CONSTRUCTION.dgn 40 20 40 80 SCALE: THE CULLIPHE G OUP, P.A. ENGINEERING & SURVEYING SERVICES MIA HIGHWAY 24 MOREHEAD CITY, N.C. 28557 preliminary for review only APPROVED: GYT DATE: 10/13/20 SCALE: THE CULLIPHER GROUP, P.A. ENGINEERING & SURVEYING SERVICES December 10, 2020 Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Re: Cama Major Permit- 21-16 -Oceanside Yacht Club, Name Change,Ownership Transfer and Minor Modfication Dear Ms. Styron, On behalf of Crystal Holdings, LLC, we would like to request the following: 1) Project Name Change from Oceanside Yacht Club to Inlet Cove 2) Transfer the permit to a new entity RIDCO, Inc. (offer to purchase attached) 3) Approve a minor modification to the approved plan. The minor modification reduced the dwellings and their configurations to 61 units and modified the boat slip arrangement as shown on the attached with no increase in number of slips. As previously noted, the site changes have been approved by the Town of Morehead City and NCDEQ Stormwater Section. These activities will use the permit for the purposes for which it was issued: no substantial changes in conditions, circumstances, or facts affecting the project: and no substantial change to the project is proposed. If I can provide any additional information, please let me know. We have enclosed a $200.00 check as discussed. Fia3),to ki`kedc-',:b-F\ .Accb,c1t, _U-D'( HESTRON PLAZA TWO 151-A NC HWY 24 MOREHEAD CITY, NC 28557 (252) 773-0090 Sinc ely, (-\,,rati„em_c, Ronald D. Cullipher, P.E. ROY COOPER Governor MICHAEL S. REGAN Secretory BRIAN WRENN Acting Director March 3, 2020 NORTH CAROLINA Environmental Quality Crystal Holdings, LLC Attn: James H.P. Bailey Jr., Managing Member P.O. Box 7 Atlantic Beach, NC, 28512 Subject: State Stormwater Management Permit No. SW8 080952 Oceanside Yacht Club High Density Project Carteret County Dear Mr. Bailey: The Wilmington Regional Office received a complete, modified State Stormwater Management Permit Application for the subject project on January 13, 2020. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in Title 15A NCAC 02H.1000 as amended by Session Law (SL) 2008-211. We are hereby forwarding modified Permit No. SW8 080952 dated March 3, 2020, for the construction of the built -upon areas (BUA) and stormwater control measures (SCMs) associated with the subject project. Please note that the modified, updated, and re -issued permit does not impose new or different terms; it merely restates and clarifies some of the previous terms to provide you with a better understanding of your obligations under the permit. This permit shall be effective from the date of issuance until April 27, 2024 and the project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. PIease note that this permit is not transferable except after notice to and approval by the Division. Please refer to Attachment C for a detailed description of the current proposed major modification and a list of all the past modifications approved during the effective period of the permit. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. Please add the attached plans to the previously approved plan set. Please replace the previous application (SWU-101) and supplement with the attached modified versions. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Ted Triantis in the Wilmington Regional Office, at (910) 796-7215 or ted.triantis@ncdenr.gov. Sincerely, .T47, Brian Wren ii , c mg Director Division of Energy, Mineral and Land Resources RECEIVED DEC 16 2020 DCM-MHD CITY DE�` U.prhnenl a16n4wmanW GuW North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 State Stormwater Permit No. SW8 080952 Page 2 of 2 Enclosures; Attachment C — Permitting History Application Documents DES/tjt: \\\Stormwater\Permits & Projects\2008\080952 HD\2020 03 permit 080952 cc: Ginger Y. Turner, PE The Cullipher Group, PA Town of Beaufort Building Inspections Division of Coastal Management Wilmington Regional Office Stormwater File Permit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission hermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 21-16 Issued to Crystal Holdings LLC., PO Box 7, Atlantic Beach, NC 28512 Authorizing development in Carteret County adjacent to Morgan Creek, 100 Olde Towne Yacht Club Rd., in Beaufort , as requested in the permittee's letter dated 4/2/19, including the attached workplan drawings (1), dated "Revised 6/17/19". This permit, issued on July 3. 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this Minor Modification authorizes the wooden accessways and/or wooden decking associated with lots 1-27 (decks and accessways), 28-49 (accessways), lots 50-63 (decks and accessways), lots 64-72 (decks), all as expressly and specifically set forth in the attached letter and workplan drawings. Any additional development activities may require a modification of this permit. 2) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any construction activities. This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton «`. `bavis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Crystal Holdings LLC. Permit No. 21-16 Page 2 of 2 ADDITIONAL CONDITIONS General The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a Stormwater Management permit modification. The pennittee shall receive a Stormwater Management permit modification from DEMLR prior to the initiation of any construction. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. This Minor Modification shall be attached to the original Permit No. 21-16, which was issued on 2/11/16, as well as all subsequent modifications, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. All conditions and stipulations of the active permit remain in force unless specifically altered herein. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2008-03241. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2008-1740 V2. NOTE: A minor modification application processing fee of $100 was received by DCM for this project. • STATE OF NORTH CAROLINA BEFORE THE MOREHEAD CITY COUNTY OE CARTERET BOARD OF ADJUSTMENT Name Unitarian Coastal Fellowship (U.C.F.) Mailing Address PO Box 425 Morehead City, NC 28557 Contact Phone Number(s) 336-266-2968 Email Address: tomandguerry[mgmail.com TO THE BOARD OF ADJUSTMENT AND THE ZONING ADMINISTRATOR OF THE TOWN OF MOREHEAD CITY: TAKE NOTICE THAT THE UNDERSIGNED HEREBY PETITIONS THE BOARD OF ADJUSTMENT OF THE TOWN OF MOREHEAD CITY FOR THE FOLLOWING: Special Use Permit for the operation of a church on property zoned: R10. Variance Request for Article 20, to reduce required parking spaces from 36 to 23. Variance Request for Article 14-9 to reduce the western side setback from 50'to 16'; o reduce the northern side setback from 50'to 11' and; o reduce the eastern front setback from 45' to 37' ON THE PREMISES LOCATED AT: 2900 Bridges Street THIS 23rd DAY OF NOVEMBER Applicant Name Unitarian Coastal Fellowship 20 20 The following section is to be completed by Staff: IN THE MATTER OF THE REQUEST OF: Special Use ❑ Variance ❑ Admin. Review ❑ Under the following applicable sections of the Unified Development Ordinance: Zoning District of Subject Property: Filed with the Board of Adjustment: Secretary Date Reviewed by Zoning Administrator or Designee: Fee Paid: ❑ Date Review Staff Signature REALTORS' CommercialAlliance 1[ REALTOR® North Carolina Association of REALTORS® AGREEMENT FOR PURCHASE AND SALE OF LAND THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between a(n) K \ t -OhSL ("Buyer"), and (individual or State of formation and type of entity) a (n) eg /S 7 L /-7 2 L !V✓6 C c ("Seller"). (individual or State of formation and type of entity) (NOTE: If the Buyer or Seller is an entity, in order to form a binding agreement and complete a transaction, the entities listed as Buyer or Seller in this Agreement should be validly formed and in good standing with the Secretary of State in the State of formation of the 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) /1 9,g' avy /9/1-7// 22+? Plat Reference: Lot(s) , Block or Section , as shown on Plat Book or Slide at Page(s) County, consisting of acres. ❑ 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: (ii) some or all of the Property, consisting of approximately Page No. County.) '."7S-669':t3asc J acres, is described in Deed Book together with all buildings and improvements thereon and all fixtures and appurtenances thereto. $ GG/ Gee-, (b) "Purchase Price" shall mean the sum of and, Dollars, or, if this box is checked ❑ , Purchase Price shall mean the sum of $ per gross acre ("Price Per Acre") as determined by a survey obtained by Buyer prior to the expiration of the Examination Period ("Survey"). Buyer shall provide a copy of the Survey to Seller not later than the expiration of the Examination Period. The purchase price shall be determined by multiplying the Price Per Acre by the number of gross acres as determined by the Survey. Adjustments to the amounts due under Sections l(b)(ii) — l(b)(iii) shall be made, as applicable, to reflect any adjustment in the Purchase Price in accordance with this provision. The Purchase Price shall be payable on the following terms: (i) "Earnest Money" shall mean Dollars or terms as follows: The Earnest Money shall be deposited in escrow with Page 1 of 9 This form jointly approved by: North Carolina Bar Association North Carolina Association of REALTORS®„l . STANDARD FORM 580L-T Adopted 7/2020 © 7/2020 REALTOR® Buyer Initials Seller Initial (name of person/entity with whom deposited- "Escrow Agent") within five (5) calendar days of the Contract Date, 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. Should Buyer fail to deliver the Earnest Money by the date required hereunder, 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 of such dishonor to deliver cash, official bank check, wire transfer or electronic transfer to the Escrow Agent. If Buyer fails to deliver the required funds within one (1) banking day after written notice, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received acknowledgement by Escrow Agent of its receipt of funds from Buyer. If the Escrow Agent has not delivered to the Seller the acknowledgement of Earnest Money on the last page of this Agreement by the calendar day following the date the Earnest Money is required to be delivered hereunder, it shall be presumed that the Earnest Money was not delivered by the required time (unless, upon the written request of Seller, Escrow Agent can provide proof of its receipt of the Earnest Money by the required time). Buyer and Seller consent to the disclosure by the Escrow Agent, to the parties to this Agreement, the Broker(s) and any Buyer lender, of any material facts pertaining to the Earnest Money. ❑ ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box) ❑ 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. $ (ii) 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 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.) $ (iii) Cash, balance of Purchase Price, at Closing in the amount of Dollars. Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of any loan Buyer intends to obtain in connection with the transaction contemplated by this Agreement. (Note: Buyer's obligations under this Agreement are not conditioned upon obtaining or closing any loan. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Examination Period allows sufficient time for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction.) (c) "Closing" shall mean the date of ompletion of the process detailed in Section 11 of this Agreement. Closing shall ZOz/ occur on or before or Buyer Initials f9 eller Initials STANDARD FORM 580L-T Adopted 7/2020 © 7/2020 (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:OOpm (based upon time at the locale of the Property) on TIME IS OF THE ESSENCE AS TO THE EXAMINATION PERIOD. (f) "Broker(s)" shall mean: (g) ("Listing Agency"), ("Listing Agent" — License # ) Acting as: ❑ Seller's Agent; ❑ Dual Agent and ("Selling Agency"), ("Selling Agent"- License # ) Acting as: ❑ Buyer's Agent; ❑ Seller's (Sub)Agent; 0 Dual Agent "Seller's Notice Address" shall be as follows: e-mail address: fax number: except as same may be changed pursuant to Section 12. (h) "Buyer's Notice Address" shall be as follows: ❑ (i) e-mail address: fax number: except as same may be changed pursuant to Section 12. 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. If this block is marked, additional terms of this Agreement are set forth on the Back Up Agreement Addendum (Form 581A-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), and other conveyance fees or taxes required by law, any fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration; 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 Agreement other than those fees required to be paid by Buyer in this Section 3 below, and the following: Buyer Initials Seller Initial STANDARD FORM 580E-T Adopted 7/2020 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, 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, any costs or charges for determining restrictive covenant compliance, and the following: Each party shall pay its own attomey's fees. Deferred/Rollback Taxes: Buyer O intends to continue ❑ does not intend to continue the existing present use valuation property tax deferral(s) relating to the Property. In the event the Buyer intends to continue the existing present use valuation property tax deferral(s) relating to the Property, Buyer shall be responsible for making all necessary applications for continuation of the existing present use valuation property tax deferral(s) relating to the Property and shall be responsible for payment of any deferred/rollback taxes applicable to the Property. If Buyer does not intend to continue the existing present use valuation property tax deferral(s) relating to the Property, 0 Seller ❑ Buyer shall be responsible for payment of any deferred/rollback taxes applicable to the Property. 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: information regarding matters detailed on Form 502- Land Information Worksheet, 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 hard copy materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, following release of the Earnest Money, 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, without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. Notwithstanding the above provisions regarding delivery and return of information and documentation, should there exist a separate non -disclosure, confidentiality, or similar agreement between Buyer and Seller, the terms of which conflict with this provision insofar as delivery and return of information and documentation, then the terms of such non -disclosure, confidentiality, or similar agreement shall control as to the delivery and return of information and documentation. 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 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) 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. (b) 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 l�p-et�titled to receive, in addifpn-to-. he Property, any of the Seller's insurance proceeds Buye Page 4 Seller Initi STANDARD FORM 580L-T Adopted 7/2020 payable on account of the damage or destruction applicable to the Property. (c) 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 investigating matters such as those detailed on Form 502- Land Information Worksheet, conducting timber cruises, and examining 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 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 and its agents or representatives in exercising its rights under this Section 6(c) 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(a) 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): ❑ 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 Exhibit B; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 3 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 3. 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) During the Examination Period, Buyer and Seller shall cooperate in good faith to determine if any Lease shall be terminated prior to Closing or shall continue after Closing. As to any Lease determined to continue after Closing, Seller shall deliver an assignment of Seller's interest in such 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 such assignment of 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 work diligently to obtain any tenant signatures on any estoppel certificates in such form as Buyer may reasonably request and to work diligently to obtain any subordinatioyfn rndisturbance and attornment agreements in such form as Buyer Initi Seller In ' Is STANDARD FORM 580E-T Adopted 7/2020 Buyer may reasonably request. Section 8. Environmental/Physical Aspects of Property: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within any structures on the Property 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. 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 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(c) 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 Eamest 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 Eamest 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, 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) at such time as the sender performs the final act to send such trnsmision , in a form capable of being processed by the receiving party's system, to any Page 6 Buyer%nitials Seller I tials STANDARD FORM 580L-T Adopted 7/2020 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. 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 notice given in accordance with 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/Assessments: 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; (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 or (v) any caves, mineshafts, tunnels, fissures, open or abandoned wells, gravesites, pet cemeteries, animal burial pits or landfill operations (past or present) located at the Property, except as follows (Insert "None" or the identification of any matters relating to (i) through (v) above, if any): Note: For purposes of this Agreement: (i) a "special assessment" is defined as 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 pending or confirmed; (ii) .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, at the time of Closing, it is payable in a lump sum or future installments; (iii) a "pending" special assessment is defined as an assessment that is under formal consideration by a governmental agency or an owners' association but which has not been approved prior to Closing. Seller shall pay, in full at Closing, all confirmed governmental or association special assessments, provided that the amount thereof can be reasonably determined or estimated. The payment of such determined or estimated amount shall be the final payment between Buyer and Seller as to any confirmed special assessments. If the amount of any special assessment cannot be reasonably determined or estimated, the special assessment shall be deemed a pending special assessment. Buyer shall take title subject to all pending special assessments disclosed by Seller herein, if any. (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. (c) Owners' Association: If the Property is subject to regulation by an owners' association, Seller shall deliver the following information to Buyer pursuant to Section 4 as if the same were listed therein (or Seller shall state that Seller does not have same in their possession or that such item is not applicable): (i) the name of the owners' association; (ii) the amount of regular assessments (dues); (iii) the name, address and telephone number of the president of the owners' association or of the association manager or management company; (iv) the owners' association website address; (v) the Seller's statement of account; (vi) the master insurance policy showing the coverage provided and the deductible amount; (vii) copies of any Declaration and/or Restrictive Covenants; (viii) the Rules and Regulations, (ix) the Articles of Incorporation and Bylaws of the owners' association; (x) the current financial statement and budget of the owners' association; (xi) the parking restrictions and information; and (xii) the architectural guidelines. Seller authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the er to release to Buyer, Buyer's agents, representative, closing attorney or lender true Page 7 of 9 7, Buyer Initia\s Seller Initials STANDARD FORM 580L-T Adopted 7/2020 and accurate copies of the foregoing items affecting the Property, including any amendments thereto. 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: 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. 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(t) 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. 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: SELLER: Individual Individual Date: Date: Date: Date: Buyer Initials Page 8 of 9 Seller Initials STANDARD FORM 580L-T Adopted 7/2020 Business Entity /eC- By: of En ty) Name: / n✓L ' Title: I" " d"7C Date: `Z - 7 ^ Z G Business Entity f Entity) By: Name: 7/CL5 Title: Date: %ec /1/ll j / 2-y -2c WIRE FRAUD WARNING To Buyers: Before sending any wire, you should call the closing agent'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 agent'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 closing agent. If you are unable to attend closing, you may be required to send an original notarized directive to the closing agent's office containing the wiring instructions. This directive may be sent with the deed, lien waiver and tax forms if those documents are being prepared for you by the closing agent. At a minimum, you should call the closing agent'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 agent'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 agent'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 agent's office, your real estate agent or anyone else. The undersigned hereby acknowledges receipt of the E/rnnest Money set forth herein and agrees to hold said Earnest Money in accordance with the terms hereof. (Name of Escrow Agent) Date: By: Escrow Agent's contact/notice information is as follows: e-mail address: fax number: except as same may be changed pursuant to Section 12. Page 9 of 9 STANDARD FORM 580L-T Adopted 7/2020 © 7/2020