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LAND USE Initial Application Dale: 9I (I (3 Applica to 0 / 177 C - P 69 2 173 COUNTY OF HARNETT RESIDENTIAL LAND USE APPUCATION CU, Cenhal Permitting 108 E. Front Str�eet, UE NC 275119 1 Phone: (910) 893 Fax: (910) 1393.2793 www.heme9.orypermid LANDOWNERTVQ(S•Z J) ITg1�1Xu3c. / w Melling Address: gSQ (, Cq,�, A City: &-f1 PMe.%1; IIP State: V• J zlp:,A3 Home r. Contact 0:90 - 933 -t APPLICANT*: S +_ 4 V A s • • . A dd r ess : {�.(). a 6-7 Cit _ _ • -i - • Stale:. • p:. b Home it Conlacte: gi - 998 - 6YOy thaw 1111 our • IcSM infonnatloi d dhferent the landowner (` l] -9K- �c, --i CONTACT NAM '(,.t E APPLYING IN OFFICE: �` a.�/ J, cvass_k.4 Phone,: 9to y PROPERTY LOCATION: Subdivision w/phaee or secdon: 1 {n.Q S.�AAva; ¥ Lot 0: 1 V Lot Acreage: • 31 Slate Road,: 1 1 t Stale Road Name: A\P m_ Map Book &Page:: of ((( (o Parcel COX) GB ft,/� g. PIN: 91,49 — , ' � DI-8 p JSsS,a�SG 8/0)3. coo ZonIng i'� Ddris Flood ZonZone: 5<._ Watershed; I 1 M' Deed BookAPe Power Combine:l C/'� A Aiiral ck4:C 'New lames wsh Progress Energy as saga provider need to supply • i Iis numbot from Progress :., , SPECJFiC TC PRCPERry LRUNOTCNi en . . d e•• • a 0 PROPOSED USE: C • S RO SFD (She l x CS ) , BeQoo • 3 a Bathu2 ft Basement (w/ bath) Garage Deck /OK /,r Crew) Spec slab (Is the bonus morn dnleled7 2.1 vi a closet A .t) 0 so add In WM 0 bedrooms) O Mod (Size _ x ) 0 Bedrooms , Bees Basement (w/wo bath) Garage Site Bulk Deck ON Frame / OFF (Is tie second boar Ilnleed9 Any over ate Milk atketlons7 ) O Manufactured Horns: _SW _OW TW (S s x 1 0 Bedrooms Garage (de buf_J Dear (stn busy O Duple( (Size x ) No. Buildings , No. Sedmarndlhtt O Home Occupation 0 RoanC_Usa Hours of Condors #E , O AddldonAccewry /Oder (Slze x 1 Use Closets In addllka(_ )yes (_Jno Wider SuPPA': (Cwrty LJ Wd (• dwscnpp _, MUST have operebb water before final Sewsge Supply: (Z)New Septo Tank (Conplete dwafia9 U Egg Sepda Ta (Corrparb Chec*Rsp (— ICowro' Sewer Pmpedy owner of OS tract of tandoori lend thd caftans a mer�dadwed home wAn gm hundred bit (5007 d bald gated above? DYES (JNO Structures (exlstn g & proposed): Sidi BuwVModular ✓ klenulwftand Homes Other (specify) Required Residing, Property Line SeIbochn Comments: Front Mlntrnuw 3s _ �Z Actual , � Rear "In CbseM Side / 0 30 Sidesheeucomer lot 4 ° — Neaest Building on sane lot it permits are grant agree lo conform and nt laws of the Slate of North Caroline regulating such work and the specification of plans submitted. 1 hereof shale , / at... 5 : accurate -. • correct to the beef of my knoakdge. P su to revocation 11 lane information Is provided. / I. I / / file . � ly � C/0 Stgnatun of Owner . owner's Agent Date "WS application aspirate months from the Initial dab t no "smells have been Issuer A faCORage SURVEY MAP, RECORDED DEED (OR OFFER TO PU$CNA9E) AND PLAT ARE REman° WHEN APPLYING FOR LANO UWE APPLICATION Plena ma Rum iv Rite& bd. rue v n 0 m i - 0 m d 3 a w 0 g U w y O R V z SITE PLAT N APPROVAL V € m 7a ,/ USE ac= : g DISTRICT, ° .. < m m G N 0 G #BEDROOMS / / �� 1� i m s_ g D Ci i u ©— 4,/ Z 0 D 7_oning A dminlstte or W m° w Date 0 N N� 0 I O 0 I ° E s i I I I W 1 K 3 .00ef1 .4„00.[0.20 I I f" .. S S Z i r I 1 O R o _ 33 4 Q 'cep I Y N z § I a C g ri to 0 tore .1 ]AIYO 0350 dOtld N a O 3 6 Es. a 74 .o¢% W I O W z y ®' .dvrol ■ � 1 C x e 00'01 & r �A I "d 0 ri j o. I C alt L � Z g W I r tn ¢a ¢r Z l t S j al I 0 - I / g:t _________ ________________________ 1 i St i N3Y13SY3 ZYNIY80 ,0£ 1 , .YITSI M N y I ---- - - - -- ¢III j -- I 0 I I j j .o w� awb g 8 i Ira s 11,h1 px s 'a fill-1)00Z 'ON dYN w a U Z ad K W a. W K 0. 6 Z NAMES -t C4 °1 (° /, APPLICATION ti: / 0 5 ?L9 773 "This application to be Ailed out when applying for a septic system inspection.* County Health Department Application for Improvement Permit and/or Authorization to Construct IF THE INFORMATION THIS APPLICATION IS FALSIFIED, CHANGED, OR THE SITE IS ALTERED, THEN THE IMPROVEMENT PERMIT OR AUTHORIZATION TO CONSTRUCT SHALL BECOME INVALID. The permit is valid for either 60 months or without expiration depending upon documentation submitted. (Complete site plan = 60 months; Complete plat = without expiration) 910 - 893 - 7525 option 1 CONFIRMATION # J nvfronmentaf Health New Septic SystemCode 800 • All property Irons must be made visible. Place 'pink property flags" on each corner iron of lot. All property lines must be clearly flagged approximately every 50 feet between comers. • Place "orange house corner flags" at each corner of the proposed structure. Also flag driveways, garages, decks, out buildings, swimming pools, etc. Place flags per site plan developed at/for Central Permitting. • Place orange Environmental Health card in location that is easily viewed from road to assist in locating property. • If property is thickly wooded, Environmental Health requires that you clean out the undergrowth to allow the soil evaluation to be performed. Inspectors should be able to walk freely around site. Do not grade property. • All lots to be addressed within 10 business days after confirmation. $25.00 return trip The may be incurred for failure to uncover outlet lid. mark house comers and property lines. etc. once lot confirmed ready. • After preparing proposed site call the voice permitting system at 910- 893 -7525 option 1 to schedule and use code 800 (after selecting notification permit If multiple permits exist) for Environmental Health inspection. Please note confirmation number given at end of recording for oroof of reouest. • Use CIIck2Gov or IVR to verify results. Once approved, proceed to Central Permitting for permits. ❑ Environmental Health ExIsdna Tank inspections Code 800 • Follow above Instructions for placing flags and card on property. • Prepare for Inspection by removing soli over outlet end of tank as diagram indicates, and of lid straight up (it possible) and then close back down.(Unless inspection Is for a septic tank in a mobile home park) • After uncovering outlet end call the voice permitting system at 910 - 893 -7525 option 1 8 select notification permit if multiple permits, then use code 800 for Environmental Health inspection. Please note confirmation number given at end of recording for oroof of request. • Use Cllck2Gor or IVR to hear results. Once approved, proceed to Central Permitting for remaining permits. SEPTIC If applying for authorization to construct please indicate desired system type(s): can be ranked in order of preference, must choose one. 1_1 Accepted {_} Innovative {_} Conventional A {_ ) Any (._) Alternative { Other The applicant shall notify the local health department upon submittal of this application if any of the following apply to the property in question. If the answer is "yea ", applicant MUST ATTACH SUPPORTING DOCUMENTATION: {_{ YES {.} NO Does the site contain any Jurisdictional Wetlands? (_1 YES ( 1 y (j. NO Do you plan to have an jgioation system now or in the flame? {_I YES { 4 NO Does or will the building contain any germ? Please explain. IYES iL4 NO Are there any existing wells, springs, waterlines or Wastewater Systems on this property? {_) YES (} NO Is any wastewater going to be generated on the site other than domestic sewage? {_) YES (K} NO Is the site subject to approval by any other Public Agency? (_ } YES {.J NO Are there any easements or Right of Ways on this property? {_I YES (1}(} NO Does the site contain any existing water, cable, phone or underground electric lines? If yes please call No Cuts at 800 - 6324949 to locate the lines. This is a free service. I Have Read This Application And Certify That The Information Provided Herein Is True, Complete And Correct. Authorized County And State Omclais Are Granted Right Of Entry To Conduct Necessary Inspections To Determine Compliance With Applicable Laws And Rules. 1 Understand That 1 Lines Solely Responsibl For The Proper Identification And Labeling Of All Property Lin And Corners And Making The Site Accessibl • ati o; , to Evaluation an Be Performed. .•L ( a�• p PROPERTY OWNE' OR OWNERS LEGAL REPRESENTATIVE SIGNATURE (REQUIRED) D E 5,08 How to Properly Mark Property for Soil Evaluation (MUST MATCH SITE PLAN) .ink flag lam, i • 4 , ... Cl iron pink flag —►, orange flag ink flag ti• Legend House iron' flag 9w en range flag pink flag iron G ® iron ROAD C -21 Weaver & Associates #1 3811 Sycamore Dairy Rd. Fayetteville, NC 28303 OFFER TO PURCHASE AND CONTRACT - VACANT LOT /LAND [Consult "Guidelines" (form 1 2G) 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. Ilf 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 (Form 2 -T) with the New Construction Addendum (Form 2A3 -T). MSP Comet. & Dev.LLC as Bayer. hereby offers to purchase and Diversified Holdings LLC as Seller. upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below (hereafter referred to as the "Property "), upon the terms and conditions set forth herein. This offer shall become a binding contract on the date that: (i) the Iasi one of the Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (ii) such signing or initialing is communicated to the party staking the offer or counteroffer, as the case may be. Such date shall be referred to herein as the "Effective Date." 1. REAL PROPERTY: Located in Harnett County, State of North Carolina, being known as and more particularly described as: Address: Street tbd Lot$ 81, BB, 89, 90 Silverthorne Dr. City: Sanford Zip 27332 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: tbd Subdivision Name The summit____ Plat Reference: Lot n/a , Block or Section n/a as shown on Plat Book or Slide n /a _ -____ at Page(s) n/a J (Property acquired by Seller in Deed Book n/a at Page n/a ). NOTE: Prior to signing this Offer to Purchase and Contract - Vacant Lot/Land, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and /or the subdivision, if applicable. If the Property is subject to regulation by an owners' association, it is recommended that Buyer obtain a copy of a completed Owners' Association Disclosure And Addendum (standard form 2Al2 -1') prior to signing this Offer to Purchase and Contract, and include it as an addendum hereto. 2. PURCTASE PRICE: The purchase price is $ 120000.00 and shall be paid in U.S. Dollars. 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 good funds to the payee. In the event Buyer does not timely deliver good funds. the Seller shall have the right to terminate this contract upon written notice to the Buyer. The purchase price shall be paid as follows: • t,) S 0 ____ , EARNEST MONEY DEPOSIT with this offer by 0 cash 0 personal check 0 hank check certified check TT other: n/a __ to be deposited and held in escrow by n/a ( "Escrow Agent"); until the sale is closed. 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) any of the conditions hereto are not satisfied, then all earnest monies shall be refunded to Buyer. In the event of breach of this contract by Seller, all earnest monies 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, then all earnest monies shall be forfeited to Seller upon Seller's request, but such forfeiture shall not affect any other remedies available to Seller for such breach. NO'T'E: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money 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 said 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 is holding the Earnest ti This form jointly approved hy: North Carellna Bar Association, North Carolina Association of REAITORSta, Inc. PREPARED By: Anthony F. Weaver, Broker "..,..r•' STANDARD FORM 12 -T neviced 7/200807/2009 ReaIFA$Te Software. fe2010, Version 6.16. Software to: Registered Office Manager, C -21 Weaver & Associates ffl Page 1 of 7 } r Q f�'� g 06119/,0 71:52:07 Buyer initials VJ Seller initials Money, the Broker 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 PLACE ANY EARNEST MONIES DEPOSITED BY BUYER 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. (b) $ n/a (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than n/a , TIME BEING OF THE ESSENCE WITI -f REGARD TO SAID DATE. (e) •$ n/a _ , OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on the Effective Date. (NOTE: If Alternative 2 applies, then do not insert $0, N /A, or leave blank). ((I) $ n/a _ . BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured Try a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (e) $ n/a _ , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (f) $ 120000.00 _ , BALANCE of the purchase price in cash at Closing, 3. LOAN CONDITION: (n) Loan. Buyer's performance is contingent upon Buyer's ability to obtain a D Conventional 0 Other: n/a loan at a 0 Fixed Rate ❑ Adjustable Rate in the principal amount of n/a for a term of n/a _ year(s), at an initial interest rate not to exceed n/a % per annum, with mortgage loan discount points not to exceed n/a % and with loan origination fee not to exceed n/a ___ % of the loan amount ( "Loan "). (b) Loan Obligations: The Buyer agrees to: (i) Make written application for the Loan, authorize any required appraisal and pay any necessary fees within n/a days after the Effective Date; (ii) Promptly furnish Seller written confirmation from the lender of having applied for the Loan. If Buyer fails to furnish Seller written confirmation from the lender of having applied for the Loan, Seller may make written demand for compliance. if Buyer does not furnish Seller written confirmation from the lender of application within five (5) days after such demand, then Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not received either written evidence of the application or a waiver of the Loan Condition, and all Earnest Money shall be forfeited to Seller as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under paragraph 14 for damage to the Property. Buyer further agrees to: (iii) Pursue qualification for and approval of the Loan diligently and in good faith; (iv) Continually and promptly provide requested documentation to lender. (c) Buyer's Right to Terminate: if Buyer has complied with Buyer's Loan Obligations in subsection (b) above, then within n/a days after the Effective Date (or any agreed -upon written extension of this deadline) TIME BEING OF THE ESSENCE, Buyer shall have the right to terminate this contract by delivering to Seller written notice of termination if Buyer, in Buyer's sole discretion. is not satisfied that the Loan will be approved and funded, If Buyer has timely delivered such notice, this contract shall be terminated and all Earnest Money shall be reftnded to Buyer. if Buyer fails to deliver such notice, then Buyer will he deemed to have waived this condition. Thereafter. if Buyer fails to close based upon inability to obtain the Lonn, then all Earnest Money shall be forfeited to Seller. If Buyer provides Seller reasonable third -party documentation confirming Buyer's inability to obtain the Loan, then the Earnest Money shall serve as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under paragraph 14 for damage to the Property. (WARNING: Buyer is advised to consult with Buyer's lender to assure that the number of days allowed for Buyer to obtain the Loan is sufficient to allow Buyer's lender time to take all reasonable steps necessary to provide reliable loan approval.) 4 FLOOD HAZARD DISCLOSURE /CONDITION (Choose ONE of the following alternatives): To the best of Seller's knowledge, the Property IS located partly or entirely within a designated Special Flood Hazard Area. Bayer understands that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S. Government. ❑ To the best of Seller's knowledge, the Property 1S NOT located partly or entirely within a designated Special Flood Hazard Area. if. following the Effective Date of this contract, it is determined that the Property is located partly or entirely within a designated Special Flood Hazard Area according to the current FEMA flood map, or if this contract is subject to a Loan Condition and Buyer's lender requires Buyer to obtain flood insurance as a condition of making the Loan, then in either event Buyer shall have the right to terminate this contract upon written notice to Seller, and all earnest monies shall be refunded to Buyer. 5. OTHER CONDITIONS: (a) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for residential _ __ _ _ _ purposes ( "Intended Use "). (b) The Property must be in substantially the saute or better condition at Closing as on the date of this offer, reasonable wear and tear This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORSW, Inc. PREPARED BY: Anthony F. Weaver, Broker STANDARD FORM 12 - T Revised 7/2009 C` 7/2000 Rea:FAETW.9 , 02010. Version 6.10. Software Registered lo- Office Manager, C -21 Weaver & Associates #1 Buyer initials r"5,� 06/1811811:52:07 Seller initlais 7/ excepted. (c) The Property must appraise at a value equal to or exceeding the purchase pr or, at the option of Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer, even if the Loan Condition has been waived as provided in paragraph 3. if this contract is NOT subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before n/a (d) All deeds of trust. liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must he delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and trust be fee simple marketable and insurable title, free of all encumbrances except; ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property trust have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: NOTE: For purposes of this agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving. water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments. except as follows: (Insert "None" or the identification of such assessments, if any): none Unless otherwise agreed, Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing. if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. 7. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing: (b) All late listing penalties, if any, shall be paid by Seller: (c) Rents, if any, for the Property shall he prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, are $ n/a per n/a _ Unless otherwise agreed, Buyer shall pay any fees required for obtaining account payment information 071 owners' association dues or assessments for payment or proration and any charge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer and /or document fee imposed by the owners' association. 8. EXPENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search. title insurance, recording the deed and for preparation anti recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closing $ 0 toward any of Buyers expenses associated with the purchase of the Property, including any Pi -IA /VA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 9. EVIDENCE OF TITLE: Seiler agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorneys opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating 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. 10. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. II. CLOSING: Closing shall be defined as the date and time of recording of the deed and shall be on or before 09/30/10 (the "Closing Date "). All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before the Closing Date at a place and time designated by Buyer. The deed is to be made to MSP Const, & Dev.LLC • Absent agreement to the contrary in this contract 01 any subsequent modification thereto, the following terms shall apply: If either party is unable to close by the Closing Date, then provided that the party is acting in good faith and with reasonable diligence to Thie form Jointly approved by: North Carolina Rar Association, North Carolina Association of REALTORS ®, Inc. PREPARED BY: Anthony F. Weaver, Broker STANDARD FORM 12 -T Revised 7/2008 ® 7!2008 ReaIFAST® S rl rE 02010. Version 6.1(3..Software Registered to: Orrice Manager, C-21 Weaver & Associates #1 �j vtp�( 1? 06/18/10 11:52:07 Page s Buyer initials r�L Seller initials .I 1/ proceed to closing. such party shall be entitled to reasonable delay of the Closing Date and shall give as much notice as possible to the not- delaying party and closing agent. In such event, however, either party for whom the Closing Date is delayed shall have a maximum of ten (10) days from the Closing Date, or any extension of the Closing Date agreed -upon in writing, in which to close, without payment of interest, Following expiration of the ten -day period, the party not ready to close shall be responsible for paying to the other party (if ready. willing and able to close) interest on the purchase price at the rate of eight percent (R%) per annum accruing from the end of the ten -clay period until closing occurs or the contract is terminated. Should the delay in closing continue for more than thirty (30) days from the Closing Dale or the last agreed -apnn extension of the Closing Date, then the non - delaying party shall have the unilateral right to terminate the contract and receive the earnest money, but the right to such receipt shall not affect any other remedies available to the non - delaying party for such breach. CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING, 12, POSSESSION: Unless otherwise provided herein, possession shall he delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before 'possession is delivered. Seller shall remove, by the date possession is made available to the Buyer, all personal property which is not a part ofthe purchase and all garbage and debris from the Property, 13, PROPERTY INSPECTION /INVESTIGATION (Choose ONLY ONE of the following Alternatives): 0, ALTERNATIVE 1: (a) Soil, Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Ilse. (ii) utilities are available to the Property, (iii) there is no environmental contamination. law, rule or regulation that prohibits. restricts or limits Buyer's Intended Use and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports "). All costs and expenses of obtaining the Reports shall he borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by July 25 `o to _ that this condition cannot be satisfied, TIME BEING OF THE ESSENCE. b) Septic /Sewer System (check only ONE ): LU Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. ❑ Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to the system, Buyer acknowledges receipt of the hnprovement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense. inspection(s) to determine the condition of the system. If the system is not performing the function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by n/a that this condition cannot be satisfied. TIME BEING OF THE ESSENCE ❑ This contract is contingent upon ❑ Buyer ❑ Seller ( "Responsible Party ") obtaining an Improvement Permit or written evaluation from the County Health Department ( "County ") for a (check only ONE) ❑ conventional or ❑ other n/a ground absorption sewage system for a n/a bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Responsible Party unless otherwise agreed. In any event Seller, by no later than n/a , shall be responsible for clearing that portion of the Property required by the County to perform its tests and /or inspections. Responsible Party .shall use best efforts to obtain such Permit or written evaluation. If the hnprovement Permit or written evaluation from the County cannot be obtained by n/a (date), either party may terminate this Contract and the Eeriest Money Deposit shall be refunded to Buyer. El Buyer has investigated and approved the availability, costs and expenses to connect to a ❑ public or ❑ community sewer systetn. (c) Water (check only ONE): U Buyer has investigated and approved the availability, costs and expenses to connect to a ❑ public or ❑ community water system or ❑ shared private well LI Buyer has investigated the costs and expenses to install the private drinking water well approved by the Construction Permit attached hereto as Exhibit A and hereby approves and accepts said Construction Permit. ❑ Seller represents that a private drinking water well has been installed, which representation survives Closing, but makes no futther representations as to the well. With respect to wells installed after July 1, 2008, Buyer acknowledges receipt of the County Health Department's Certificate of Completion attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense. inspection(s) to determine the condition of the well: if the well is not perfonning the function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by n/a that this condition cannot be satisfied, TIME BEING OF THE ESSENCE: ❑ This Contract is contingent upon ❑ Buyer ❑ Seller ( "Responsible Party") obtaining a Construction Permit from the County Health Department ( "County ") for a private drinking water well. All costs and expenses of obtaining such Permit, including but not limited to any required survey, shell be borne by Responsible Party unless otherwise agreed. In any event Seller, by no later than n/a shall he responsible For clearing that portion of the Property required by the County to conduct a field investigation to evaluate the site. Responsible Party shall use best efforts to obtain such Permit. If the Construction Permit from the County cannot be obtained by his form jointly approved by: North Caroilne Bar Association, North carotins Association of REALTORS ®, Inc. 'REPARED BY: Anthony F. Weaver, Broker TANDAnn FORM 12 -T Revised 7/2006 Rr 7/2000 :eaIFA$TO oflw ©2010. Version 8.16. Software Registered to: Office Wenger, C -21 Weaver & Assncietes #1 � ' layer initials 08/16/10 11:52:07 Page r6 i Seller Initials ixl_. n/a (date), either party may terminate this Contract and the Earnest Money Deposit shall Ile refunded In Buyer. ((I) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION iS OTHERWISE MADE IN WRITING. ❑ ALTERNATIVE 2: This Alternative applies ONLY if Alternative 2 it checked AND Buyer has paid the Option Fee.) (a) Property Investigation with Option to Terminate: In consideration of' the sum set forth in paragraph 2(c) paid by Buyer to Seller (not Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option Fee "), Buyer shall have the right to terminate this contract for any reason or no reason, whether related to the physical condition of the Property or otherwise, by delivering to Seller written notice of termination (the "Termination Notice ") by 5:00 p.nt. on I, a _ TIME RFINGOF THE ESSENCE (the "Option Termination Dale "). Af any time prior to Closing. Buyer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections of the Property, including but not limited to those matter's set forth in Alternative 1, performed prior to the Option Termination Date). (h) Exercise of Option: if Buyer delivers the Termination Notice prior to the Option Termination Date, TIME BEING OF THE ESS'ENC'E, this contract shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; however, the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to the Option Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the Option Termination Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraphs 3, 4 or 5 above. the Option Fee is not refundable, is not part of any earnest monies, and will be credited to the purchase price at Closing. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING, 14. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising and evaluating the Property, and performing the tests and inspections permitted in this contract. Buyer shall, at Buyer's expense, protnptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors. 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. This indemnity shall survive this contract and any termination hereof, but Buyer shall not be responsible 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. 15. OTHER PROVISIONS AND CONDITIONS: 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. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE AGENTS ARE. NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO 11H15 CONTRACT.) ❑ Additional Provisions Addendum (Forum 2A 1 I -T) ❑ Loan Assumption Addendum (Form 2A6 -T) ❑ Back -Up Contract Addendum (Form 2A1 -1) ❑ Owners' Association Disclosure And Addendum (Form 2Al2 -T) ❑ Contingent Sale Addendum (Form 2A2 -T) ❑ Seller Financing Addendum (Form 2A5 -T) ❑ FI IAIV.A Financing Addendum (Form 2A4 -T) IZI OTHER: Seller will pay deed prep.,revenue stamps and all other coat to be paid by buyer. 16. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 17. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 18. TAX- DEFERRED EXCHANGE: in the event Buyer or Seller desires to effect a tax - deferred exchange in connection with the conveyance of the Property, 13uyer 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. (NO'FE: If Alternative 2 under paragraph 13 of this contract will apply, Seller should seek advice concerning the taxation of the Option Fee.) 19. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their 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, 20. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after this torn) Jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. 'REPARED 13Y: Anthony F. Weaver, Broker iTANDARD FORM 12 -T Revised 7/2008 e 7/2008 te& &FA$TO..of ©2010. Version 8.16. Software Registered to: Office Manager, C -21 Weaver &Associates #1 j f luyer initials 1`1.Ui 00116/10 11:52:07 Seller initials a � j ! the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully ohserved, kept or performed, 21. 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 REALTOR® or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 22, NOTICE AND EXEC :IJTI0N: Any notice or communication to he given to a party herein may be given to the party or to such party's agent. Any written notice or communication in connection with the transaction contemplated by this contract may be given to a party or a party's agent by sending or transmitting it to any mailing address, e-mail address or fax nutnber set forth in the "Notice Address" section below. Seller and Buyer agree that the "Notice Information" and "Escrow Acknowledgment" sections below shall not constitute a material part of this Offer to Purchase and Contract, and that the addition or modification of any information therein shall not constitute 8 rejection of an offer or the creation of a counteroffer. This contract may be signed in multiple originals, all of lvhich together constitute one and the same instrument, and the parties adopt the word "SEAL" beside their signatures below. 23. COMPCJ'fATION OF DAYS: 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. Bayer El has (J has not made an on -site personal examination of the Property prior to the snaking of this offer. 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 TT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SfGN IT. M5P Co t:. & De C�,ate\ BUYER ' • 11111 . KY✓ DATE Y' / gi (SEAL) By Michael Plea nt Diversified trol.dings LLC- SELLERS .� :�� '-'- LL....... .... �.� DATE /!� "'/ !`i... /r''' - ISEAL) By: Frank Weaver this form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. aREPARED BY: Anthony F. Weaver, Broker ITANDARD FORM 1 21' Revised 7r2008 R, 7/2008 lea &FA$TT Software. ©2010. Version 6.15. Software Registered to: Office Manager. C -21 Weaver & Associates #1 Page 6 017 06/18/10 11:52:07 NOTICE INFORMATION NOTE: INSERT THE 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: SELLER NOTICE ADDRESS: Mailing Address: PO 2067 Mailing Address: 350 Wagoner Dr. Fayetteville ,NC 20302 Fayettetille,NC 28303 Buyer Pax#: n/a _ Seller Faxil: n/a Buyer E-Mail Address: n/a Seller E -Mail Address: n/a SELLING AGENT NOTICE ADDRESS; LISTING AGENT NOTICE ADDRESS: Individual Selling Agent: nLa — Individual Listing Agent: n/a License #: n/a License #: n/a _ Firm Name: n/a Firm Name: n/a Acting as ❑ Buyer's Agent 0 Seller's (sub) Agent ❑ Dual Agent Acting as ❑ Seller's (sub) Agent ❑ Dual Agent Mailing Address: n/a Mailing Address: n/a n/a - -. —� n/a Selling Agent Fax#: n/a Listing Agent Fax#: n/a Selling Agent E -mail Address: n /a, Listing Agent E -mail Address: n/a Selling Agent Phone#: n/a Listing Agent Phone#• n/a ESCROW ACKNOWLEDGMENT Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date __ - - _ — Finn: n/a (Signature) • This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTOR/149, Inc. PREPARED BY: Anthony F. Weever, Broker STANDARD FORM 12 -7 Revised 7/2008 0 7/2008 ReaIFAST ®Safwere, 02010, Version 6.19. Solware Registered to: Office Manager, C-21 Weaver 8 Aseocialea #1 013118/10 11:6:!:07 Page 7 of 7 Seller in Buyer initials Initials