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LAND USE Initial Application Date: / 0 — � 4 - 4 Application # Y ✓ sr, 25 CU# COUNTY OF HARNETT RESIDENTIAL LAND USE APPLICATION Central Permitting 108 E. Front Street, Lillington, NC 27546 Phone: (910) 893 -7525 Fax: (910) 893 -2793 www.hamett.org/ /permits W LANDOWNER: { " r ' Q ' a i1 v L1 G7-- Mailing Address: /36? ale. ne 4' 6i+ Gov City: CrkanJp Spr's ( Slate: Zip:Of Z / Contact# t - $/Y - WJEmail: APPLICANT*: Blackwell Homes Mailing Address: PO Box 189 City: Clayton State: NC Zi 27528 c on t act # �f• -i�' - ' t �i Email: * Please fill out applicant Information i1different than landowner f, ' �/ CONTACT NAME APPLYING IN OFFICE: D. I .J�4.L t Phone # q/ _ T ? 6 PROPERTY LOCATION: Subdivision: LLf / '' L Lot #: 7 Y Lot Size • 38 C State Road # State Road Name: Map Book &Page: / /1. Parcel: l51 OS3rlo O /OO/ L PIN: 0 - O 4 p - 70 — ( ) cll. a ere Zoning: (A Z flood Zone: z Watershed: V/4 Deed Bcok&Pag�. / Power Company': Sr' Wz JV1 'New structures with Progress Energy as service provider need to supply premise number from Progress Energy. SPECIFIC DIRECTIONS TO THE PROPERTY FR / OMLILLINGTON: 14 ? W L .. o1 rthi sot (, ) .r Flo * A CC- ' A L Pi — joust a te+ j 0 & G',b+.1 ar (1 . PROPOSED USE: — — Monolithic ( ge" SFD: (Size? 8 x 5�) # Bedrooms: t i # Baths: _ Basement(wlwo bath): Garage: 3 Deck: Deck: Crawl Space Slab: Slab: (Is the bonus room finished? ( )yes (_)no w/ a closet? (_) yes (4)no (if yes add in with i1 bedrooms) ❑ Mod: (Size _ x _ ) # Bedrooms # Baths Basement (wlwo bath) Garage: Site Built Deck: On Frame Off Frame (Is the second floor finished? (J yes ( Any other site built additions? ( yes (_)no ❑ Manufactured Home: SW DW TW (Size x ) # Bedrooms: Garage: (site built ? Deck: (site built? ❑ Duplex: (Size _ x _ ) No. Buildings: No. Bedrooms Per Unit: ❑ Home Occupation: # Rooms: Use: Hours of Operation: #Employees: ❑ Addition /Accessory/Other: (Size x ) Use: Closets in addition? ( yes ( )no Water Supply: �. County Existing Web New Well (# of dwellings using well ) 'MUST have operable water before final Sewage Supply: New Septic Tank (Complete Checklist) Existing Septic Tank (Complete Checklist) 7 County Sewer Does owner of this tract of land, own land that contains a manufactured home within five hundred feet (500') of tract listed above? ( yes ( Structures (existing or proposed): Single family dwellings: Manufactured Homes: Other (specify): Required Residential Property Line Setbacks: Comments: Front Minimum '3S Actual r V Rear - ' Y V Closest Side ( Q. Sidestreet/comer lot Nearest Building on same lot If permits are granted 1 agree to conform to all ordinances and laws of the State of North Carolina regulating such work and the specifications of plans submitted. I hereby state that foregoing statements are accurate and correct to the best of my knowledge. Permit subject to revocation if false information is provided. /4/ / Ignature of Owner or Owner's Agent Date "This application expires 6 months from the Initial date If permits have not been issued" A RECORDED SURVEY MAP, RECORDED DEED (OR OFFER TO PURCHASE) AND PLAT ARE REQUIRED WHEN APPLYING FOR LAND USE APPLICATION I utal 1 ant Jse I.F' 1. i ■ • B ^ yam % . l =.• | wir .!!■ % |! ■,| , . j } 44 § 1 1117 I i i ` ~ I r - - -- - - -� � .w § on \ • §§ • . � m • § * I § 2 | � , §| _ " k) A C § |` | CO 1 | | � } x $§ ! « §� _ _ & 1.1 i .001 e VI el f # _. 1 I S § 1 ` 1 _ / § §§ . - - - -- � i . § §{ & i ' • _. . .. \ # § -® - \ \ • 3 --I m — ^ 3 q 3 / : § §■ » \ § � ‘t \ 0 e a r ") ~ 0 p m ■ 0 ( g 8 \ ± k | \� § ° 0 SO 08/25/2010 09:41 7193589178 PAGE 02/10 • • • Anderson Creek Realty LLC • 125 Whispering Pines Dr. Spring •Lake, NC, 28390' Phone: 910- 814"2633, Fax: 91 0- 814-2479 • OPFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidel (form 12G) for guidance in completing this form] • NOTE: This eonhact is attended far unimproved real property that Buyer will purchase anly for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property hes been platted, properly approved and recorded with the register of deeds as of the date of the contract If Seller is Buyer's Wider and the sale involves the conduction of a new single family dwelling prier to closing, use the standard Offer to Purchase and Contract (Form 2 -1) with the New Construction Addendum (Form 2A3 -1). /3t nlA4EL 40%a% 2 C . • as Buyer, o p e an Ar+E,414 Val n >_ • • as Seiler, upon acceptance of ,arc otter, agrees to salt and convey, all of that plot, piece or parcel of land descrbed below (hereafter referred to as the "Property "), upon the terms and conditions set forth herein. This offer shall become a binding contract on the date that: (I) the last one of be Buyer and Seller has signed or initialed this offer or the final counteroffer; if any, anti (ii) such signing or initialing is eomnntnieared to the party making the offer or counteroffer, as the case may be. Such date shall be referred to herein as the "Effective Data "' 1. REAL PROPERTY: Located in 4A10NaT1" County, State of North Carolina, being known as and more • -t-kuletly described es• . - ! ' Aare,,: Street 23(4 R4$ S ?IS Vs PiC 4 Alm N Tap nag!) NOTE: Governmental authority over taxes, zoning school districts, utilities and mail delivery may differ from address shown. • Legal Description: Subdivision Name LalttmleSe 1 Mtn:' C ies • Plat Reference: Lot O Block or, Section Pf1AAit 3A as shown an Plat Book or Slide 2106 at Page(s) It e 5 �i (Property acquired by Seller in Deed Book P44(4 at Page 9g ). 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, Bylaws, 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 Discbsure And Addendum (standard form 2412 -1) prior to signing this Offer to Purchase and Contract, and include it as an addendum hereto. 2. PURCHASE PRICE: The purchase price is $ S r ?AO 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 sbail have one (1) berthing day after written notice to deliver good tads to the payee. Ia the event Breyer does not timely deliver good funds, the Seller shall have the right to terminate this contract upon written notice to the Buyer. The machete price shill be aidasfollows: L_a) $ 1,86n- , EARNEST MOIVEYDEPOSIT wall this offer by El cash %personal check ❑ bank check Li certified check other. to be deposited a n d h e l d i n escrow by • (' sgpwAgent"x until the sale is closed, at which time It wh'Tl be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest 'loonies shall be refimded to Buyer. ,In the event of breach of this contract by Seller, all earnest monks shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach, le the event of breath 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. TE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow, a licensed estate broker ('Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain said earner money in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consertting This form jointly approved by: North Carolina Oar Association, North Carolina Asa oclirCon at REAL ORS®, Inc. PARED BY: lee Na easel, elC - v v ' STAN FORM. 12 -T Rsyised 71,ZDOa 07!2008 - ,,,, FealFACTO Se tware, ®2004, Vas/on 616. software Regimens) i0: OIICS Manager, Anderson Creek Rosily LLC ..- ....,a- ., .. Pale 7 of 7 08/25/2010 09:41 7193589178 PAGE 03/10 • - to its disposition or until disbtnsernent is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest .vlcney, the Broken may deposit the disputed monies with the appropriate clerk of coat in accordance with the provisions of . N.C_G.S. f93A - 12. THE PARTDLS 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) $ , (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than MIA , MTh' BEING OF Into ESSENCE WITH REGARD TO MID DATE. ' (c) S --, f ' OPTION FEE in eccordemce with paragraph 13, Alternative 2, to be paid to Seller on the Effective . Date. (NOTE: If Alternative 2. applies, tbea do not inset SO, N /A, or leave blank). (d) $ f - , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the eadsting loan(s) seamed by a deed of trust em the Property hi accordance with the attached Loan Assumption Addendum. (e) $ OIL , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (i) $ flI tit ' , BALANCE of the purchase price in cash at Closing. 3. LOAN CONDITION: (a) Loan.� Buyer's performance is contingent upon Bttyer's,ability to obtain a Conventional 0 Other: loan at a /°` { Piled Rate 0 Adjustable game in the principal mourn mourn of 6 t150 " for a team of - _le _ year(s), at an initial interest rats not to exoeedd S / / � 7 % per annum, with mortgage loan discount ' points not to exceed % and with loan origination fee not to exceed % of the loan amount (°tart "). (b) Loan Obligations: The Buyer agrees to: �J (i) Make written application for the Loan. authorize any required appraisal and pay any necessary fees within days after the Effective Date; (ii) Promptly furnish Seller written confutation from the lender of having applied for the Loan If Buyer fails to knish Seller written confirmation from the lender of having applied for the Loan, Seiler may make written demand for — compliance. If Buyer does not furnish Seller written conimmiation from the lender of application within five (5) days after such demand, wan Sella may temrinate this contract by written notice ti Buyer at any time thereafter, provided Seller has not received either .vritten eyidence of the application or a waiver. of the Loao Condition, and all Earnest Money shall be forfeited to Sella as liquidated damages and as Selle's sole and exclusive ternary 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) Continuallyand promptly provide requested doaun ntationto lender, (c) Bayer's Right to Terminate:. If Buyer has complied with Buyer's Loan Obligations in subsection (b) above, then within SO days after the Effective Date (or any agreedatpon written extension of this deadline) TIME BEING OF TEE 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 salsfed that the Loan will be approved and Horded. If Buyer has timely delivered such notice, this contract shall be tetmmated and all Earnest Money shall be refunded to Buyer. If Buyer falls to deliver such notice, then Buyer will be deemed to have waived this condition. Thereafter, if Buyer fails . to close based upon inability to obtain the tan, 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 fox Buyers 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 laeda to assure tat the number of days allowed for Buyer to obtain the Loan is sufficient to allow Buyers lender time to take all reasonable steps necessary to provide reliable ban N4>roval 4 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 sued by the Property from m4' federally regulated institution or a loan insured or guaranteed by an agency of the U.S. Government To the best of Sellr's knowledge,' the Property IS NOT located paltry or entirely within a designated Special Flood Hazard Area - I1; 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 nssrasce as a condition of making the tan, then in either event Buyer shall have the right to terminate this contact upon written notice to Seller, and all earnest monies shall berefunded n Buyer. 5, OTHER CONDITIONS: '1 There t]} be no restriction, easement, � or other governmental regulation that would prevent the ale use of the The I( purposes ("Intended Use"). (b) Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear mcceptet This forrofointly approved by:North Carolina Bar AesselaUon, Norte Carolina Aesociadon ofRC LTORS®,Inc. STANDARD FO: 12- Raised Tr etc _ STANDARD FORM td 12-T Revlaad 7 11001 07I2009 er-z, • ReaIFAfl Soteare, 00000, Veneer a M. Software Registered tux Orate Manager, Anderson Creek Reeky LLC Penn 1 or 7 08/25/2010 09:41 7193589178 PAGE 04/10 • (c) The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this contract may be terminated and all earnest merges shall be refunded to Buyer, evert if the Loan Condition has been waived as provided in paragraph 3. If this contract is NOT subject to e a financing contingency requiring an appraisal, Buyer sbali arrange to haw the appraisal completed on or before 14 p (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 ,amain obligated to obtain any such mediations following Closing. - (e) 'Ede most he delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable tide, foe of all encumbrances except ad valorem taxes for the =rent year (prorated through the date of Closing); utility easements and =violated restrictive covenants that do not materially affect the value of the Property, and such other encumbrances as may be assumed or specifically approved by Huy&. The Property must have legal access to a public right of way, 6. SPECIAL ASSESSMENTS: NOTE: For purposes of this agreement, a "comfnned" 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 b 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 waaants that there me no pestling 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 assevsmarts, except as follows: (Insert "None" or c ideofifcation of such assessments, if any): Unless otherwise agreed, Seller shah 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 patties 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 be prorated though the date of Closing (d) Owners' association dues and other like charges shall be prorated through the date of Cosing. Seller represents tat the regular owners' association dues, if any, are S _ 15 per 4140 r ituleas otherwise agreed, Buyer shall pay any fees required for obtaining account payment information on owners' notation 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. IOLPENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any Ioan obtained by Buyer, appraisal, tide search, tide insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the purrlmse price unpaid at Closing. Seller shall pay for preparation a deed and all other documents necessary to patio= Seller's obligations under this agreement, and for excise tax (revenue stags) required by law. Sella shall pay at Closing S 9/00 toward any of Buyer's expenses associated with the purchase of the Property, including any PRA/VA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 9. EVIDENCE OF IDLE: Seder 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: tide insurance policies, attorneys opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (I) troy attorney presemly or previously representing Seller to release and disclose any title insurance policy in such attomey's file to Buyer and both Huyefs and Seller's agents and atomeys; 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 insurers agents) file 10 Buyer and both Buyer's and Seller's agents sad attorneys. 10. LABOR AND MATERIAL: SeUer shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, famished to the Property within 120 days prior to the•date of Closing have been paid for and einem g to indemnify Buyer against all Loss from any cause or claim arising therefrom_ 11. CLOSING: CMS* shall be defined as the date and rhos of reeonling of the deed and shall beat or before e T�ZS r 7 io (the "analo Date "). AU: 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 plat and time designated by Buyer. The deed is to be unade to plat and t\15 trs'. t4&t Absent agreement to the contrary in this contract or any subsequent modification thereto, the following Inns shall apply: If either • patty is taxable to close by the Closing Dam, then provided that the parry is acting in good faith and with reasonable diligence to 'x: red to closing, such party shall be entitled to reasonable delay of the Closing Date tied shall give as much no as possible to non-delaying pally and closing agent In such even, 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 dose • without payment of interest. Following expiration of the ten-day period, the party not ready to close shall he responsible for paying rude lone jointly approved by; North Carotins Dar Asaotiation, North Carolina AseocSlon of ReALTORSIt Ina flA$t$ ED 9Y; Lee Handsel, NC I ` r V aTANMRD FORM 12T Revised 7(3008 O MOO ieelrA5ree Soltwere, MOre. Vwslon Ere. Software Raglstered Ic Once Manager. Anderson Creek Realty LLC Pen a of 08/25/2010 09:41 7193589178 PAGE 05/10 • the other party (if ready, willing and able to clime) interest on the purchase price at the tats of eight percent (8%) per &rattan accruing from the end of the ten-day period until casing ocean or the contract is terminated. Should the delay in closing continue for more than thirty (30) days from the Closing Date or the last agreed -upon extension of the Closing Date, then the npndeiaying party Mall have the unilateral right to terminate the contract and. receive the eernest Honey, but the right to such receipt shall not affect any other remedies available to the non-delaying party for such breach. CLOSING MALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING COND!TWN UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 12. POSSI SSION: Unless otherwise provided herein, possession shall be delivered at. Closing. No alterations, excavations, tree Naval or other such activities may be done before possession is delivered. Seiler shall remove, by the date possession is made available to the Buyer, all personal property which is not apart of the purchase and aligarbage and debris from the Property. 13. PROPERTY INSPECI'ION/INVESTIGA.TION (Choose ONLY ONE of the following Alternatives): gALTERNATIVE 1: / (a) Soil, Utiiities And Environmental Contingency: 'ibis contract is r, , tingent upon Buyer obtaining report(s) that (i) the soil is suitable fit Buyer's Intended Use, (ii) utilities ate available to the Property, (ii) there k no enviromsuental 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 blended Use (collectively the "Reports "). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this oontract and the Earnest lyJpney Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by A that this' condition cannot be satisfied, TIME BEING OF THE ESSENCE (b) Septic/Sewer System (Check only ONE ): ❑ ❑Buyer has investigated the coats and expenses to install the sewer system approved by the Improvement Peach attached hereto as tribit 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'Improvement Permit attached hereto as Exhibit A. Buyer shaft have the option of inspecting or obtaining, at Buyer's expense, iaspectioh(s) to determine the condition of the system. If the system is not performing the __function fior whidn intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be :funded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by AM" that ails condition cannot -be satisfied, UTNE BEING OF TTIE ESSENCE. • ❑ This contact is contingent upon ❑ Buyer ❑ Seiler ('Responsible Party ") obtaining an Improtement7eimk or written evaluation limn the County Health Department ( "County ") for a (check only ONE) ❑ conventional or 0 other t `I ground absorption sewage system fora 44A- bedroom home. All costs and expenses of obtaining s� Permit a written evaluation • shall be home by Responsible Party unless otherwise agreed. In any event Seller, by no later than s4 ; 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 Xftbe Improvement Pernik or written evaluation from the County cannot be obtained by KWh' (date), either party may terminate this Contract and the Eanest Money Deposit than be refunded to Royer. Q Buyer has investiffuted and approved the availability, costs and expenses to connect to a ❑ public or ❑ •nitutity sewer system. (c) .Water (check only ONE): Q Buyer has investigaud and approved the availability, costs and expenses to connect to a 0 public or Q commmiity water system or Q shared private well. ❑ Buyer has investigated the costs and exports 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 0 Seller represents that a private drinking water, well has been installed, which representation survives Closing, but makes no further • representations as to the well With respect to wells installed after July I, 2008, Buyer acknowledges receipt of the County Health Depatti enfs 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 performing the function for which intended and is in need of immediate repair, Buyer may te,&nete this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by t-les that this condition cannot be satisfied, TIME BEING OF THE ESSENCE Q 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 n toted to any requited survey, wall be borpe by Eesponslbie Party unless otherwise agreed. In any event Seller, by no later than shall be responsible for clearing'that portion of the Property required by the County to conduct a field investigation to evaluate the site. Responsible P shall use best efforts to obtain such Permit. If the Constntaion Permit from the County cannot be obtained by -' ' (date), either party may terminate this Contract and the Earnest Money Deposit shall be relhnded to net t) CLOSING SHALL CONSTITUTE ACCEPTANCE OF _TIE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. TMs fertejaney approved by: North Carolina Bar Association, North Carolina Assoc weed, or REALTORSO, Inc. PREPARED BY! Lee Handsel, Bit • C -t. STANDARD FORM 12 7Revised 7l2ooa 07/1009 RealrAile Software. 0200a, Veaion 8.16. Software Regslered to: (dice Manager, amerson Creek Realty U_C br+ I MY 08/25/2010 09:41 7193589178 PAGE 06/10 ' ❑ ALTERNATIVE 2: This Alternative applies ONLY VAhernative 2 is checked AND Eager has paid the Option Fez) (a) properly Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 2(c) paid by Buyer to Seller (not Fsaovv Agent) and other valuable consideration, the sttH'iaiaacy of which is hereby acknowledged (the "Option Fee l Buyer shall. have the right to terminate this contract for anyreasen or no reason, whether related to the physical conditi n the Property or otherwise, by denvering to Seller wrffierh notice of termination (the "Termination Notice") by 5 :00 pm on' N[ 4 , TIME . BEING OF THE ESSENCE (the "Option Termination Date . At any time prior to Closing, Bayer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to haw all inspections of the Property, including but not limited to those matters set forth in Alternative 1, performed prior to the Option Termination Date). (b) Exercise of Option; If Buyer delivers the Termination Notice prior to the Option Termination Dab, TIME BEING OF THE ESSENCE, this contract shall become null and void and all earnestmonies received in connection herewith shall be refunded to Buyer, however, the Opth Fee will not be refLmded and shall be retained by Seller. If Bayer 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 tights Buyer has under paragraphs 3, 4 or 5 above. The Option Fee is not refundable, is not pert of any tamest monies, and veil 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 amttacmrs shall have the right to enter upon the Property for the purpose of appraising and evaluating the Property, and performing the tests and i nspections permitted in this contract, Buyer shall, at Buyer's expense, promptly repair any damage to tbo Property resulting from any activities of Bayer and Buyer's agents and.contractors. Buyer indemnify and hold Seller 'harmless from all Ioss, damage, claims, suite or casts, 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 agearta 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 andlor out of Seller's negligence or willful acts or omissions. 15. OTHER PROVISIONS AND CONDITIONS: CHECK AIL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO TTES CONTRACT, IF ANY, AND ATTACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE AGENTS ARE NOT PERMITTED TO DRAFT -' - ANDTTIONS OR. CONTINGENCIES ID THIS CONTRACT.) ❑ Additional Provisions Addendum (Form 2A11 ❑ Loan A ssumption Addendum (Form 2A6 0, Back -Up Contract Addendiun (Form 2A1 -T) ❑ Owners' Association Disclosure And Addendum (Form 2Al2 -T) . Contingent Sale Addendum (Fenn 2A2•1) ❑ Seller Financing Addendum (Form 2A5 - 1) ❑ FITA/VA Financing Addendum (Farm 2A4 -T) ❑ OTHER: ADS pane n» 4090 t 'VOA Web hntsiwnt , ANOEtas.o4 alegauFS ADatno.W1, Otaralatc AhD AD0 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 alt parties, but if assigned by agreement, then this contract sha4 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 cormection with • the conveyance of the Property, Buyer and Seller agree to cooperate h effecting such exchange; provided, however, that the exchanging party shall be reportable for all additional costs associated with such exchange, and provided further, that a non- exchmsging patty shall not assume any addrtimal liability with respect to such tax - referred exchange. Seller and Buyer shall execute such additional documents at no nest to the non-exchanging party, Be shall be requred to giv e ffect to thi provision. (NOTE: If Alternative 2 tender paragraph 13 of this contract will apply, Seiler should seek advice concerning the taxation of the Option Fee.) • 19. PA.RTIIS: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Sella 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 the Closing, it shall survive the Closing and remain binding upon and for the benefit of the patties hereto until fully observed, kept or performed -. 'l. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements 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 REALTORS or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or my other agency a between them. Thee formjointly approved by: North Carolina ear Association, North Carolina Assotbaon or REALTORS% tic / V PREPARED BY: Let Handsel, etc STANDARD FORM 124 Reseed 7 /2009 07/2009 ReSFA3T0 Sotwam, 02006 Version 616. Stever* Registered to Olice Manager, Anderson Creek Relay LLC , ._ 08/25/2010 09:41 7193589178 PAGE 07/10 • • • .2. NOTICE AND EXECUTION: Any nonce or communication to be given to a party herein may be gives to the party or to such party's agent Any written notice or crn toatmicatinn in connection with the transaction contemplated by this contract may be given to a party or a patty's agent by sending or transmitting it to any miffing address, e-mail address or fax number set forth in the "Notice Address" section below. Sella and Buyer agree that the "Notice Information" and "Escrow Acknowledgment sections below shall not constitute a material part of this Offer to Pinellas* and Contladt. and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a cormterof. This contract may be signed in maltiplc originals, all of which together constitute one and the same instrument, and the parties adopt the word "SEAL" beside their signatures below. 23. COAMPPUTATION OF DAY& Unless otherwise provided, for purposes of this contract, the term 'days' shag mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, stare, local or religious. Pot 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 Ohms 0 has not made an on -site personal examination of the Property prior to Ike making of ibis 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 1N ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR PEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SION IT. Belem � � nay Y[ �^ [ (BEAL) BD:(21 Bas (SEAL) 9aLTSR • - Daze a `t 1 0 (sin) s =TAM _ aa•l (aSA.) • This formjointly approved by: Nor, Carolina Ba rAseociarton, North Carolina Ass on'vaon of REALTORS®, Inc. PREPARED BY: Laa Irandsal, BIC STANDARD FORM 12 -T Revised 7120(6 07/2009 RealFASTO SoMrare, 02006, Version nth. Sdnvare Registered to OSce Manager, Anderson Creek Realty LLC Pape 0 of/