NCG020857_Ownership Change_20190326

is
Water Resources
ENVIRONMLNTAL QUALITY
PAT MCCRORY
Gurernui'
DONALD R. VAN DER VAART
tiw ci'e,ni'r
S. JAY ZIMMERMAN
l lreeror
PERMIT NAME/OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
Permit Number:NCGO 2/ 0/ a/ 5/ 7
1. Facility Name: Cahoon Mitre
II. NEW OWNER/NAME INFORMATION:
1. This request for a name change is a result of:
X a. Change in ownership of property/company
b. Name change only
c. Other (please explain):
2. New owner's name (name to be put on permit):
HOM Development, LLC
3. New owner's or signing official's name and title:
or NCG5 / / / /
P I= C, F-, IVF
1'.1R262019
DENR-LAND QUALITY
STORKWATER PERMITTING
Jamie Basnight Hatchell
(Person legally responsible for permit)
Manager, HOM Development, LLC
(Title)
4. Mailing address: PO Box 2405 City: Manteo
State: NC Zip Code: 27954 Phone: ( 252 ) 473-6074
E-mail address: [e-mail]
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEM:
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a property deed, articles of
incorporation, or sales agreement)
[see reverse side of this page for signature requirements]
State of North Carolina I Environmental Quality I Water Resources
1617 Mall Sei vice CeuLei I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https://deq.ne. gov/about/divisi ons/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits

NPDES Name & Ownership Change
Page 2 of 2
Applicant's Certification:
1, Jamie Basnight Hatchell , attest that this application for a
name/ownership change has been reviewed and is accurate and complete to the best of my
knowledge. I understand that if all required parts of this application are not completed and that
if all required supporting information and attachments are not included, this application
package will be returned as incomplete.
.�� Signature: Date -March 21, 2019
I I IE CUMPLEI EU APPLICAI IUN PACKAGE, INCLUDING ALL SUPPORI1NU
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mining Permit #28-15, Cahoon Mine,
Version 712016

STATE OF NORTH CAROLINA
PURCHASE AND SALE
COUNTY OF DARE ) AGREEMENT
AGREEMENT made this _ day of —_� , 20�/__? between, HOM Industry,
LLC "Purchaser, Buyer", and CresCom Bank d/b/a First South Bank, "Seller".
Purchaser agrees to buy and Seller agrees to sell, all that lot or parcel of land, with the
buildings and improvements thereon, if any, situate at approximately 34.5 acres located at 18788
IIwy 64 East Lake, NC TMS 4015089-000 and 017549-000 as shown on Exhibit "A"
("Pro arty"),
Subject to all easements and covenants of record (provided they do not make the title
uninsurable) and to all governmental statutes, ordinaneas, rules and regulations.
The purchase price is One Hundred Twenty Five Thousand and No/100s
($125,000.00) to be paid as follows: $5,000.00 herewith "Deposit" which is nonrefundable other
than the contingencies listed in the Contingency Section below, and has been paid directly to
escrow account of, Chip Edwards, esquire "Escrow Agent", and the balance of $120,000.00 upon
delivery of the deed as hereinafter provided, or such remaining amount as is due based on the
Additional Deposit required in Contingency Section below. No interest shall be paid on the
deposit.
Seller shall pay deed stamps and other traditional Seller paid items, all other
closing costs shall be responsibility of the Purchaser. Taxes, homeowners dues, and other
property assessments, water and sewer charges, rents and other items shall be adjusted as of the
date of delivery of the deed.
Seller agrees to convey by insurable title, and deliver a special warranty deed, with all
stamps affixed thereto. Buyer accepts the property AS IS. Closing shall occur on or before Jan
31, 2018. However, if this transaction has not been closed within the stipulated time for a reason
that is no fault of either party, then both parties agree to extend this agreement for a period not to
exceed 5 days. In the event that transaction has not been closed under these terms, this contract
shall immediately become void without further consent of the Purchaser and Purchaser shall have
no further recourse against the Seller.
This offer shall be good until 12 o' clock PM on January 22, 2018, and shall expire
unless executed by both Seller and Purchaser prior to that time. Time is of essence.
Purchaser acknowledges that Purchaser has made an onsite inspection of the Property and
accepts the Property AS IS where is with all faults and a no warranties of any kind from the
Seller.
Seller and Purchaser agree to hold each other harmless from any other claims for real
estate commission that may arise from this transaction.
This sale is CONDITIONED upon:
• Purchaser may cancel this Contract by written notification to the Seller for
any reason on or before Jan 26, 2017, which time the Deposit shall be
Contract
Page 1 -6f

nonrefundable for any reason. The Purchase Price shall be credited for
such amount.
In the event that the Seller or Purchaser cancels the Contract for any
reason, Purchaser agrees to provide ALL information gathered by the
Purchaser related to the Property including any third party reports,
permits, plans, surveys, appraisals or other information and hereby
instructs such third party providers to deliver such work directly to the
Seller at the Seller's request. Purchaser shall be responsible for payment to
all third parties providing such information including but not limited to:
engineers, appraisers, consultants, government bodies and agencies and here
by indemnifies the Seller for any responsibility thereto. Such information
shall be delivered by the Purchaser within 20 days of the Seller's request.
Contract is subject to satisfactory cancellation of the Sand Mining
Agieement dated 2113112 between Seller and Ffirst South flank and F&Ll
Land Development, Inc. to the satisfaction of the Buyer and the Seller in
their sole discretion.
Buyer agrees to pay one half of the payoff due on the loan to F&H Land
Development, Inc. #8500001062 in the principal amount of $22,034.08 at
closing. Seller shall pay the remainder one half of the payoff from sales
proceeds.
Seller makes no representation as to the volume, quantity or quality of the
sand or other minerals that may be on the Property. Seller makes no
representations as to the type or validity of the mining permits related to the
Property however agrees to cooperate with the Purchaser to transfer any
permits that may exist. Purchaser acknowledges that personal property on
the site is not part of this agreement and may belong to F&H Land
Development, Inc. as referenced in the contingency section of this document
and agrees to allow F&H to remove such property from the site after
closing.
CONDITION OF PROPERTY: PURCAHSER ACKNOWLEDGES THE PROPERTY
WAS FORECLOSED ON BY THE SELLER AND THE IMPROVEMENTS ON THE
PROPERTY HAVE NOT BEEN OR MAY NOT BE COMPLETED. BUYER
ACKNOWLEDGES THAT SELLER HAS MADE NO REPRESENTATIONS
REGARDING THE CONDITION OF THE PROPERTY. BUYER IS RELYING SOLELY
ON THEIR ON JUDGMENT AND INVESTIGATIONS AND INSPECTIONS OF THE
PROPERTY IN MAKING THEIR DECISION TO PURCHASE THE PROPERTY. SAID
PREMISES SHALL BE CONVEYED TO THE BUYER IN A STRICTLY "AS IS"
CONDITION. SELLER MAKES NO WARRANTIES AS TO THE CONDITION OF
SAID PROPERTY. THIS PROVISION SHALL SURVIVE CLOSING. BUYER
ACKNOWLEDGES SELLER IS NOT THE CONTRACTOR THAT CONSTRUCTED
THE IMPROVEMENTS ON THE PROPERTY AND THEY WAIVE ANY RIGHT TO
MAKE A CLAIM THAT SELLER HAS ANY RESPONSIBILITY BASED ON THE
CONSTRUCTION OF THE IMPROVEMENTS. THIS PROVISION SHALL SURVIVE
CLOSING.
Upon default by the Purchaser, the Deposit paid this date will be forfeited as liquidated damages
in addition Seller shall be entitled to demand specific performance and other remedies both legal
and equitable including attorney's fees and court costs. Upon default by the Seller, Purchaser
Contract
Pape 2

shall be repaid all sums paid hereunder, and in addition, shall be reimbursed for his reasonable
expense of title examination and have no further recourse against the Seller.
Mediation: If -'a dispute arises out of or relating to this Purchase and Sale Agreement the Seller
and Purchaser shall endeavor to settle the dispute first through direct discussions. If the dispute
cannot be settled through direct discussions, the parties shall settle the dispute through mediation
pursuant to the North Carolina Rules of Mediation. A mediator shall be chosen by each party and
if an agreement is not reached by the parties the mediators shall choose a third mediator that will
mediate the matter. The parties agree to conclude such mediation within forty five (45) days of
the filing of the Request for Mediation. The location of any mediation shall be in Brunswick
County, North Carolina.
Arbitration: Any dispute not resolved by mediation shall be resolved by binding arbitration in
ac.c.ordance with the North Carolina Rules of Arbitration An arbitrator shall by chosen by each
party and if an agreement is not agreed by the parties then arbitrators shall agree to a third
arbitrator that will make the final arbitration ruling. The parties agree to conclude such arbitration
within 45 days of the filing of the Request for Arbitration. Judgment on the Arbitration Award
rendered by the arbitrators may be entered in any Court having jurisdiction thereof. The location
of any arbitration shall be Brunswick County, North Carolina. Purchaser acknowledges that this
arbitration provision is a material provision of this Agreement and that Seller would have not
entered into this Agreement without this provision.
GENERAL PROVISIONS:
a. This written Agreement, including all Exhibits attached hereto and documents to
be delivered pursuant hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties or covenants not contained herein.
b. This Agreement may be amended only by a written memorandum subsequently
executed by all of the parties hereto.
C. No waiver of any provision or condition of this Agreement by any party shall be
valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any
other or similar provision or of any future event, act or default. No conduct or course of action
undertaken or performed by the parties shall have the effect of or be deemed to have the effect or
modifying, altering or amending the terms of this Contract unless such change or modification is
agreed to in writing by both the Seller and the Purchaser.
d. In the event that any provision of this Agreement shall be unenforceable in whole
or in part, such provision shall be limited to the extent necessary to render the same valid, or shall
be exercised from this Agreement, as circumstances require, and this Agreement shall be
construed as if said provision had been incorporated herein as so limited, or as if said provision
had not been included herein, as the case may be.
e. Headings of paragraphs are for convenience of reference only, and shall not be
construed as a part of this Agreement.
f. This Agreement is binding on the parties hereto and on their several successors,
heirs, executors or administrators, as the case may be.
Contract
Page 3

g. This Agreement shall be governed in all respects by the internal laws of the State
of South Carolina.
h. This Agreement may be executed in any number of counterparts, any or all of
which may contain the signatures of less than all of the parties, and all of which shall be
construed together as but a single instrument.
i. Seller and Buyer do hereby covenant and agree that documents as may be legally
necessary or otherwise appropriate to carry out the terms of this agreement shall be executed and
delivered by each party at the closing.
j. That all covenants, agreements, warranties, obligations, contingencies,
certificates, opinions, or any other writing m pertinent to this ('ontract of gala and transaction as
applicable thereto, shall survive the closing and shall not be subject to waiver, and strict
compliance shall be had therewith.
Time is of the essence in this Contract of Sale.
This agreement constitutes the entire contract and can only be changed by written
agreement between the parties. Any dispute of claim arising out of this contract shall be
submitted for mediation.
The stipulations aforesaid are to apply to and bind the heirs, executors, administrators,
successors and assigns of the respective parties.
In the Presence of:
HOM Industry, LLC
By:
Purc aser
By:
Purchaser
By:
CresCom B d/b/a First S ut Bank
(L.S.)
Cha : J. "J fhlig, Jr.
Ex e Ic ident
Chief Credit Officer
'VLArt -
Page 4
Contract

w�r>'nrvrr ,,,, .---.__.�beM='•_.—. _' �rv4 ?s.
" _------- - { cJ sejo ac-ssv puo )Iq!no it
1 I�d� O N.I 11 f fl'�• )71 'SN3N18dd aNQd H5321d i
100Z !{ 3ivoin --1J M 'I dJ 5 N I N I W
1
Ill MET
it
{
jail C1111il.r11
� rh11 .,
fl
1
Ila
Ile 3 —• — -- — ._...t ._ _. — _. � . _ ...... _.�, _—r�:��.:�-.� � � fj�:. s'�,�. i
r
e
T
' I i
j
I