Loading...
HomeMy WebLinkAboutSWA000150_Pending Sales Agreement_20220624Rutherfordton, North Carolina SALES CONTRACT STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD THIS AGREEMENT OF SALE made and entered into on the day hereinafter expressed by and between, Remlap Properties, LLC, and/or its assignee, Purchaser and Joanne Waller, Seller WITNESSETH: + WL Seller agrees to sell, and Buyer agrees to buy the property located at See Exhibit A attached hereto, subject to 8/12/21 a survey (the "Property") Total Purchase Price gg r7flrriFl I �� 0�V OQ n'I 1" Earnest money, see additional provisions below $1,000.00 Cash due on closing J89,000 pD y1 sn trtm— a,����a� ADDITIONAL PROVISIONS: This contract is contingent upon the following: 8/ 12/21 1 Purchaser shall deposit for the Seller the earnest money to be held in trust at Harrison, Gammons , and Rawlinson P.0 2430 L&N Drive Huntsville, AL 35601 (256-533-7711) within five (5) business days from the final signing of this sales contract. 2 Purchaser may assign its rights under this Sales Contract to any ultimate Purchaser(s), and if property is to be divided before closing, Seller will cooperate, so long as any related cost is paid by Purchaser, even if there is more than one Purchaser 3 Purchaser shall have one hundred and eighty (160) days, after contract acceptance date, to accomplish "Due Diligence" on the Property At any time, during said period, Purchaser, at Purchaser's sole discretion, may void this contract with return of earnest money Seller understands that an extension on the due diligence period may be needed and granted if all approvals and permits are not received during the initial due diligence period time frame 4 Seller will allow electrical work to be done on the Properly prior to Closing, at Purchaser's expense Electrical work may include removal andlor relocation of power poles, and/or any and all other utility work deemed necessary for the development of the Property 5 Seller will allow on -site testing prior to closing Tests may include, but are not limited to, Environmental Phase 1 and/or 2, Geotechnical Analysis, etc These tests may require equipment on the Property as well as obtaining samples of soil 6 Closing shall occur within thirty (30) days or less after the elimination of item 3 above Possession of property shall be given at closing 7. If Seller is a LLC then the below signor(s) are authorized to sign on the LLC's behalf, as well as, verifying that LLC is in good standing and still active 6. Prior to Closing, Seller shall remove any encroachments shown by survey, unless otherwise expressly excepted herein 9 Seller shall cause the Subject Property to be vacated of Tenants and any Lease Agreements terminated prior to closing 10 Seller's remaining property in Parcel 1636704 as described in Exhibit A shall be subject to Exhibit B. Agreement for Land and Land Use Restrictions 11 Seller shall assist, cooperate with, and provide authorization for Purchaser to rezone, replat, restrict, and/or subdivide the Property, and/or to seek approval of development plans for the Property. 12 Seller represents that he/she/it is the sole owner of the Property. In the event that Seller is not the sole owner(s) of the property and Purchaser is unable to purchase property as a result of false ownership, Seller agrees to reimburse the Purchaser of any costs incurred as a result of such misrepresentation Such costs shall Include, but are not limited to, legal fees, attorney's fees plus all expenses incurred during the negotiation of this contract and/or during the Due Diligence Period. 13 In the event of default by Seller. Purchaser shall be entitled to a return of the earnest money deposit as the Purchaser's remedy or, at the Purchaser's election, Purchaser may sue for specific performance of this Sales Contract. 14 Each party hereto agrees to pay the costs and expenses of the prevailing party that may arise from enforcing this Sales Contract, including a reasonable attorney's fee 15 Purchaser has the option for a reverse proration at closing on all the property taxes for the master tract for the current tax year 16. Time is of the essence in this Sales Contract This Contract is intended to be binding upon the Purchaser and Seller and those who succeed to their interests Seller shall furnish Purchaser with good and merchantable title and a Warranty Deed free from any and all encumbrances except ad valorem taxes, existing restrictions, easements of record, and applicable zoning ordinances All taxes, insurance, and rents shall be prorated as of the consummation of the sale At Closing, Seller agrees to pay a real estate commission to Register Realty Company, Inc and Dewey Property Advisors per separate agreement 7 26,212 $uyar Server i I or3 �7•_ 716/21 This contract states the entire agreement between the parties and merges in this agreement all statements, representations and covenants heretofore made. Any other agreements not expressly stated and incorporated herein are void and of no force and effect All warranties herein made shall survive delivery of the deed LIFE OF OFFER: Unless the parties have written correspondence providing otherwise, the terms of this Sales Contract shall expire after seven (7) business days following the date of Purchaser's signature ("Offer Period"). To accept this offer, Seller must execute this Sales Contract and return to Purchaser or Purchaser's representative prior to the expiration of the Offer Period. AGENCY DISCLOSURE: Register Realty Company, Inc. and Dewey Property Advisors are acting as a Buyer's Agent in this Real Estate Transaction, WITNESS OUR HAND AND SEAL this the 6"dAy n1 July 2_1721 NOTE: THE PARTIES, HERETO, AGREE THAT FACSIMILE COPIES OF SIGNATURE ARE ACCEPTABLE TO EVIDENCE COMPLETE AGREEMENT. We hereby agree to purchase the above described property accordrnq t¢the_!t s and conditions stated above Purchaser: } . WITNESS REMLAP PROPERTIES, LLC Name:_ Bernadette Berens By: Robert M. Broadway _ (Please Print) Its: Mgnlgino Member We hereby agree to sell the above described property according to the terms and conditions stated above WITNESS Name: (Please Print) WITNESS Name. (Please Print) Seller: —+. , rUrl 7 2621 Name' Joanne Waller (Please Print) WMEL Jo ne Waller (Aug 12, 202118:52 EDT) Seller: Name: 2 or3 (Please Print) EXHIBIT A DIMENSIONS ARE APPROXIMATE TO BE DETERMINED BY SURVEY Subject Property Consists of Rutherford County Parcel #1636703 Seller's remaining property in parcel #1636704 shall be subject to Exhibit B #CONNECTGIS L Y�..i :86 j• 54o'��tit COS` IN . 4;JA- 7/26 21 3 of 3 1 TI MY.WMM11".091 PP1 I. Joanne Waller (Seller), have entered into a Sales Contract with Renilap Properties. LLC (and The Broadway Group. LLC. as assignee) for the sale of the described property in Rudmfordtoo., Rutherford County, NC: Tax Parcel ID 4AM743 Seller bereby authorizes The Broadway Group, LLC, acid its assigns to act as the Authorized Agent wide NC'DEQ to (i) submit a Lb -aft ero%lon acid sedimentation control plan acid apply for any and all pe=ts'vCDEQ detenimies m needed in order to develop the subject property and (ii) to disturb the subject property inchidiug conducting the anticipated land -disturbing activity This permit is requlivd for 'llic Broa(h%a% tfi'()lap. I.1-(, to pin -chase subject property. SELLER: Joame A'aiier i 8 , , {;print Name) Date Signature