LAND USE Initial Application Date: 12/10/10 Application # /75 5 ° 2 5 I &P
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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.harnett.org /permits
LANDOWNER: Village of Lexington, LLC Mailing Address: P.O. Box 1328
City: Cary st NC Zi 27512 Contact# Frank Floyd Email: LFFJRI @aol.com
APPLICANT*: Royal Oaks Building Group, LLC Mailing Address: 1210 Trinity Road, Suite 102
City: Raleigh State: NC Zip:27607 Contact# 919 - 233-3886 Email: ktalbot @royaloaksbg.com
*Please fill out applicant information if different than landowner
CONTACT NAME APPLYING IN OFFICE: Kelly Talbot Phone It 919233.3886 x301
PROPERTY LOCATION: Subdivision: Village of Lexington Lot #: 158 Lot Size: 11,088SF
State Road # 108 State Road Name: Red Coat Drive Map Book&Page: 2300 / 0836
Parcel: 09956604 0011 65 PIN: 9594-29-1418.000
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Zoning: RA-20R Flood Zone: No Watershed: No Deed Book&Page: r / p / Power Company *: South River
New structures with Progress Energy as service provider need to supply premise number from Progress Energy.
SPECIFIC DIRECTIONS TO THE PROPERTY FROM LILLINGTON: From Spring Lake, take Hwy 87 North. Turn left on Plantation Drive.
Turn right on Crutchfield Drive. Right on Bicentennial. Left on Red Coat Drive.
•
PROPOSED USE:
Vf SFD: (Size 371 x 43' ) # Bedrooms: 3 # Baths: 2 ._ 5 Basement (w/wo bath): Garage: ` Deck: Crawl Space: _ Slab: ✓
(Is the bonus room finished? (_) yes ( )no w/ a closet? (_) yes (ono (if yes add in with* bedrooms)
❑ Mod: (Size x) # Bedrooms # Baths Basement (w /wo bath)_ Garage: Site Built Deck: On Frame_ Off Frame_
(Is the second floor finished? ( ) yes (_ono 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:
❑ Horne Occupation: # Rooms: Use: - Hours of Operation: #Employees:
❑ Addition /Accessory /Other. (Size x) Use: Closets in addition? (___) yes ( )no
Water Supply: ✓ County Existing Well New Well (# of dwellings using well ) *MUST have operable water before final
Sewage Supply: New Septic Tank (Complete Checklist) Existing Septic Tank (Complete Checklist) ✓ County Sewer
Does owner of this tract of land, own and that contains a manufactured home within five hundred feet (500') of tract listed above? ( ) yes (✓ )no
Structures (existing or proposed): Single family dwellings: Manufactured Homes: Other (specify):
Required Residential Property Line Setbacks: Comments:
Front Minimum 30 Actual 30'
f
I
Rear 25
Closest Side 5 16 r3
Sidestreet/corner lot 20 20'
Nearest Building
on same lot
If permits are granted I 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 at ments accurate and correct t . - best of my knowledge. Permit subject to revocation if false information is provided.
L i
I 1. lo.rb
Sig ature 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
Residential Land Use Application 1 of 1 03/10
PLOT PLAN FOR
ROYAL OAKS BUILDING GROUP, LLC
108 RED COAT DRIVE
LOT 158, LEXINGTON PLANTATION, VILLAGE AT LEXINGTON, PART 2
ANDERSON CREEK TOWNSHIP, HARNETT COUNTY, NORTH CAROLINA
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c1 SETBACK INFO
FRONT: 30'
REAR: 25'
/ RED COAT DRIVE ONE SIDE:
ONE 5'
SIDE: 10'
40' PUBLIC R/W CORNER SIDE: 20'
NUMBER RADIUS ' DELTA ARC LENGTH ' CHORD DIRECTION CHORD LENGTH '
Cl 45.00 4728'01" 33.35 N5709'16 "E 32,59
SITE PLAN APPROVAL j�
DISTRICT Z USE y
#BEDROOMS 3
1C
Zoning Administrator
LEGEND Date
( BFP BACK FLOW U R NIP NEW IRON PIPE REFERENCES; PK NAIL
CO SEWE OIW OVERHEAD WIRES B.M. 2009, PGS. 227 -229
ECM COSTING CONCRETE MONUMENT PNS POINT NOT SET
ED H EXISTING DRILL HOLE TP TELEPHONE PEDESTAL
ElV EXISTING IRON STAKE N TR CABLE TV PEDESTAL NOTF$
EP K EXISTING PK MAIL UP UPUTY POLE
E5 ELECTRIC STUB WM WATER METER 1. NOT FOR RECORDING IN MAP BOOKS.
FE S FLARED END SECTION 11V WATER VALVE 2. THIS SURVEY SUBJECT TO ANY FACTS THAT MAY BE
LP UGHT POLE YI YARD INLET DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.
MH MANHOLE 3. THIS MAP I5 NOT A CERTIFIED SURVEY AND HAS NOT
BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY
FOR COMPLIANCE WITH ANY APPLICABLE LAND
DEVELOPMENT REGULATIONS
PLOT PLAN Rt TA
PRELIMINARY PLAT— NOT FOR RECORDATION, ENGINEERING• - SURVEYING
DATE: DEC. 9, 2010 CORPORATE LJCENSE:01771
CONVEYANCE OR SALES 101 W. MNAJN ST., rTE 202
SCALE: 1 " =30' GARNER, NC 275
F.B. _ _ _ PHONE (919) 779-4854
FAx (919) 779"1056
ma P \I FIN CV 'MI F1t•6
OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND
(Consult "Guidelines" (form 12G) for guidance in completing this forml
NOTE: This contract 1s 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. If 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
VIAL, OAKS 4 Ltsulb. Grant), I.L.C. asBuyer,
her
V
to purchase and U i Ai ,g- or (Pltu.to- frilt.1 l t,1L , 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: (f) the
last one of the Buyer and Seller has signed or Initialed this offer or the final counteroffer, if any, and (11) such signing or initialing 1s
communicated to the party making the offer or counteroffer, as the case may be. Such date shall be referred to herein as the "Effective
Date." 1'
1. REAL PROPERTY: Located in 1 A)Zt4et' County, State of North Carolina,
being known as and more peril . iarly des b d . •
Address: Street .. - .a • le ts.. ?D w !" ' - =1 Ilk - t IL - _ _ "b + • i. a • ' A
City: 1 N*2.new..1 • Y 'lpt ,$nSHe Zip
NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown.
Legal Description:
Subdivision Name: wears • - - N iu Nt. 0' tIont-Nast
Plat Reference: Lot( - I - . \ _ Block or Section N/A as shown on
Plat Book or Slide Zeta at Page(s)1t4 -228 (Property acquired by Seller in Deed Book at Page ).
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, end 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 Disolosure And Addendum (standard form 2Al2 -T) prior to signing this Offer to Purchase and Contract, and include it as
an addendum hereto.
2. PURCHASE PRICE: The purchase price Is S ZR 0001 Lt51 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 (t) banking day after written notice to deliver good funds to the payee. In the event Buyer does not
timely deliver good tods, the Seller shall have the right to terminate this contract upon written notice to the Buyer. The purchase eiSOCI ts
price shall be paid as follows:
(a) S 2b chi EARNEST MONEY DEPOSIT with this offer by 0 cash 0 personal cheoIto - 1
O bank check O fied check other: C.anpP C fLCY to be deposited andfNhL+
held in escrow by SQiflt.. , C ("Escrow AHD 7 axutd tlto-sate isslosed, GS
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 refhnded to Buyer. In the event of breach of this VIP CIA
contract by Seller, all earnest monies shall be reflmded 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 forfei
to Seller upon Seller's request, but such forfeiture shall not affect any other remedies available to Seller for such breach. ry �
NOTE: 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
Money, the Broker may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.O.S.
$93A -12.
Page 1 of 7
This form jointly approved by: STANDARD FORM 12 -T
I t North Carolina Bar Association 0 Revised 78008
North Corollas Association ofREALTORS• ,Inc. «K^ ®7/2008
REALTOR
Buyer initialtar Seller initials
THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE PIEM ACTING AS ESCROW AGENT MAY PLACE
ANY EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST DEARING 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
ASSOCIATE THEREWITH.
(b) $ es (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than
TIME MOM OF THE ESSENCE WITH REGARD TO SAID DATE.
( $ tit OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on the
Effective rpta. (NOTE: If Alternative 2 applies, then do not Insert S0, N/A, or leave blank).
(d) $ (D , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing
loans) aeerad by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
(e) $ , BY SELLER FINANCING in accordance whh the attached Seiler Financing Addendum.
(1) aft;. AatAttEth t(H191T'M , BALANCE of the purchase price in cash at Closing.
3. LOAN CONDITION:
(a) Loan. Buyer performance is contingent upon Buyer's ability tto oJtaln a ❑ Co ventional tf CongfIreCTIOn{ loan at a
❑ Fixed Rate W Adjustable Rate In the principal amount 4f9S o LTV Dr &IIRS tt t`, for a term of
3, year(s), at an initial Interest rate not to exceed A t % per annum, with mortgage loan discount points not to
exceed C� % and with loan origination fee not to exceed % of the loan amount ("Loan ").
(b) Loan Obligations: The Buyer agrees to:
(1) Make written application for the Loan, authorize any required appraisal end pay any necessary fees within IS days
after the Effective Date;
(fl) Promptly furnish Seller written confirmation item 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 Gamest Money shall be forfeited to Seller as
liquidated damages and as Seller's sole and exclusive remedy for Buyer's ihilure to close, but without limiting Seller's tights under
paragraph 14 for damage to the Property. Buyer hither agrees to:
(Ili) 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 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 re0urded to Buyer. IfBuyer fails 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 Loan, then all Gamest
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 looated partly or entirely within a designated Special Flood Hazard Area.
Buyer 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 Government /
agency of the U.S. Govement
/ To the beat of Seller's knowledge, the Property IS NOT located partly or entirely within a designated Spatial 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 FBMA 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: (State NIA in each blank that is not a condition to this contract.)
(a) There must hkno restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of
Property for IgcflllAl.
Page 2 of 7 STANDARD FORM 12-T
Buyer initial _ Seller initials Revised 7/2008 •
m 7/2008
(h) The Property must be In substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear
excepted.
(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 eamest monies shall be refbnded to Buyer, even if the Loan Condition has been waived as provided In
paragraph 3.
If this contract Is NOT subject tp a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal
completed an 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 Seiler 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.
(o) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple
marketable and insurable title, free of all encumbrances except ad valorem taxes for tiie current year (prorated through the date of
Closing): utility easements and unvlolated 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 must 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
tbily 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 aro 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 ay): 11/41 n 14 e,
Unless otherwise time f Closing, if nanny, and a Buyer shall y tuke title subject association assessments and
pending all by Seller 6B through the
herein, f any.
7. PRORATIONS 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 listiing penalties, If any, shall be paid by Seller; (o) Rents, if ay, for the Property shall be 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 $ & Per P . Unless otherwise
agreed, Buyer shall pay any fees required for obtaining account payment Information an 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 costa with respect to any loan obtained by Buyer,
appraisal; title search, title insurance, recording the deed and far preparation and 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 Sell 's obligations under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closing
g toward any of Buyer's expenses associated with the purchase of the Property, including any FHA/VA
lender and ins on posts that Buyer Is not permitted to pay, but excluding any portion disapproved by Buyer's lender.
9. EVIDENCE OF TITLE: Sella agrees to use his best efforts to deliver to Byer 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, attorney's 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
attomey'a 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 Runlet at Closing an affidavit and indemnification agreement in form satisfactory to
• Buyer r and agreeing to indemnify timished to the
mnify Buyer against all loss from any cause or claimharising days prior to the date of Closing have been
Page 3 of 7 STANDARD FORM 11—T
Buyer initial Seller Initials Revised 7/2008
®7/2008
� t
11. CLOSING: Closing shall be defined as the date and time of recording of the deed and shall be on or befbrett. M1l1Pa EAFIiB to
(the "Closing Date "). All parties agree to exeoute any and all documents and papers necessary in connection with Closing and transfer
of title an or before the Closing Date at e and time deoe�ignated by Buyer. The deed is to be made to
R4 Kti WILDIwwe° ;
Absent agreement to the contrary in this contract or 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 noting in good faith and with reasonable diligence to
proceed to dosing, such party shall be entitled to reasonable delay of the Closing Data and shall give as much notice as possible to the
non - delaying party and closing agent. in such event, however, either party for whom the Closing Date Is delayed shall have a
maximum of ten (ID) 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 ton -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 (8 %) per annum accruing
from the end of the Den -day period untli closing occurs or the contract is terminated. Should the delay in closing continue for more
than thirty (30) days tom the Closing Date or the last agreed -upon 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 euoh breach.
CLOSING SBA CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS TIIEN EXISTING CONDITION UNLESS
PROVISION IS OTHERWISE MADE IN WRITING,
•
12. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Cloning. 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 of the purchase and all garbage and debris from the Property.
13. PROPERTY INSPECTION /INVESTIGATION (Choose ONLY ONR of the following Alternatives):
�? •TERNATIYE 1:
(a) Boll, Utilities And Environmental Contingency: Thls contract is contingent upon Buyer obtaining report(s) that (1) the soli is
suitable for Buyer's Intended Usa, (10 utilities are available to the Property, (ill) 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 costa and expenses of obtandng 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 contract and the
Earnest Money Deposit shall he refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by
milm ?el cf - Itt art tWL this condition cannot be satisfied, TIME REMO OF THE ESSENCE.
(b) Septic/Sewer System (chalk only ONE):
O Buyer has Investlgated the costs and mtpenaes to install the sewer system approved by the Improvement Permit attached hereto as
Exhibit A and hereby approves and accepts said Improvement Permit.
0 Seiler 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 shall have the option of
Inspecting or obtaining, at Buyers expense, inspection(s) to determine the condition of the system. if the system is not performing the
fhnotion for which intended and is In need of Immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit
shall be retbnded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by
that this condition cannot be satisfied, TIME BEING OF TIM ESSENCE
O This Contract is contingent upon 0 Buyer 0 Seller ( ".Responsible Party') obtaining an.Improvement Permit or written evaluation
tom the County Health Depadment ("County") for a (cheek only ONE) 0 conventional or 0 other
ground absorption sewage system fora 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 , shrill be responsible for clearing that potion 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 Improvement Permit or written evaluation from the County cannot be obtained by (date), either party may
terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. �publlo or 0 community sewer system.
Buyer has investigated and approved the availability, costa and expenses to connect to a •
(el.-Water (check only ONE): •
fi7 Buyer has investigated and approved the availability, costs and expenses to connect to a 0 or 0 community water system or
O shared private wall.
O 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.
O Seller represents that a private drinking water well has been installed, which representation survives Closing, but makes no further
representation as to the well. With respect to wells installed after July 1, 2008, Buyer acknowledges receipt of the County Health
Department's Certlflcate of Completion attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at
Page 4 of 7
• 7sr STANDARD FORM 12-.T
Buyer Initial Seller initials Revised 7/2008
0 7/2008
•
•
Buyer's expense, inspection(s) to determine the condition of the well. If the well is not perfonning the Motion 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 that this condition cannot be
satisfied, TIME BEING OF THEESSENCE.
O This Contract Is contingent upon O Buyer CI Seller ("Responsible Party") obtaining a Construction Permit from the County Health
Department ("County ") for a private drinking water well. All costa and expenses of obtaining such Permit, including but not limited to
any required survey, shall be borne by Responsible Party unless otherwise agreed. In any event Seller, by no later than
, 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 (date), either party may terminate this Contract and the Earnest Money Deposit
shall be refbnded to Buyer.
(d) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION
UNLESS PROVISION I4 OTHERWISE MADE IN WRITING,
O ALTERNATIVE 2: (TMs Alternative applies ONLYVAtiernative 2 is checked AND Buyer ha 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 aoknowledged (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.m. on
• , 20 , TIME BEING OF THE ESSENCE (the "Option Termination Date "). At any time
prior to Closing, Buyer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have Ril inspections of the
Property, including but not limited to those matters set forth In Alternative I, performed prior to the Option Termination Date).
(b) Exercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, TIME BEING OF THE
ESSENCE, this contract shall become null and void and all earnest monies received in comfection herewith shall be refunded to
Buyer; however, the Option Fee will not be refirnded and shall be retained by Seller. If Buyer fills 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 a part of any earnest monies, and will be credited to the purchase
price et Closing.
(e) _r, r S (,'r\ I : -. ;P ;._r s!' I` �1s . "�'[ -M- I I c. -. `.it.: 4. K�_.�_. k
UNLESS PROVISION IS OTHERWISE MADE IN WETTING,
14. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter
upon the Property flu the purpose of appraising and evaluating the Property, and performing the teats and inspections permitted In this
contract. Buyer shall, at Buyer's expense, promptly 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 1Fom 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 ADDB)`1DA THAT MAY BE A. PART OF THIS
CONTRACT, W 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 THIS CONTRACT.)
O Additional Provisions Addendum (Form 2A11-1) O Loan Assumption Addendum (Form 2A6 -T)
O Back -Up Contract Addendum (Form 2A1 -T) ❑ Owners' Association Disclosure And Addendum (Form 2Al2 -T)
❑ Contingent Sale Addendum (Form 2A2 - ❑ Seller Financing Addendum (Form 2A5-T)
OMHA/VA, andnrrg� Addendum (Form •4-T)
J. OTHER: :: I AC(EO t a _
') orb XtnW'ta'�
• A p. n. • C_ .. Cot L a L, - '
_
• .r _ t r. ILL rwa 611 13t:— ■n. ,d. _ ea'._ rl. LeL1 toe - a,
h?. fj <RL" � (NWTa_ pFlnl-pr iv AN I x*rimPKel W Ur 7 BMth9 ' ?A
Vkficl tt, Csrlrfil NClatteSt ts(, win.(oiL tuttHO�]l' CIxT ,
i 1 7*s CeitlttALT 064101 - legs a inf ar-at Dt 'IUD t ter i> �ontr
1/41"ttatr i'ns ( 'pp�S "Ttk. C sly ' i�1' sIXH I
U� �• ~ ' • STANDARD FORM 12—T
Bayer initial Seller Initials 7' Revhed 7/2008
C 7/2008
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 Seiler desires to effect a tax - deferred exchange in connection with the
conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging
party shall be responsible for all additional costs associated with such exchange, and provided further, that a non - exchanging party
shall not assume any additional liability with respect to such tax - deferred exchange. Seller and Buyer shall execute such additional
documents, at no cost to the non - exchanging party, as shall be required to give effect to this provision. (NOTE: 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 Seiler and their heirs,
successors and assigns. As used herein, words in the aingular 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, -
21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducement:
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
fisting agreement, buyer agency agreement, or any other agency agreement between them.
22. NOTICE AND EXECUTION: Any notice or communication to be 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 number set bath In the "Notice
Address" section below. Seller and Buyer agree that the "Notice Information" and'Bscrow 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 thatch:
shall not constitute a rejection of an offer or the creation of a counteroffer, This contract may be signed in muttipte originals, all of
which together constitute one and the same instrument, and the parties adopt the word "SEAL" beside their signatures below.
Buyer' has 0 has not made an on - stte personal examination of the Property prior to themaldng of thls oiler.
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 1118 FORM IN
ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOSS NOT PROVIDE
FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU
SIGN it
Date: (S -an. -$ Date: . 'yh f If a
Buyer "M. L 1.C.(SEAL) Seller 1/111 C Of f lei S fc.. t L (SEAL)
,1 J tr a1.-.64440, by
Date: Date:
Buyer (SEAL) Seller (SEAL)
•
•
•
• Page 6 of 7
STANDARD FORM 12 -T
Revised 7/2008
0 7/2008
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: Mks ' 104.1rrly 720 &Mt Ps, Mailing Address: P-0 1324
egAt.S'ia►i• t x14 Ste. 6-'7 rt. 9-7 T1Z-
BuyerFax #: ( 9i9 ') ZE7— 4C41. SollerFax#: 1 160 -1iP
Buyer B -mall Address111 ThSf EL W 'Pofkt. *Mai R4. Seiler E-mail Address: L E 1' 1R 4 4- gel ' C ovt,
sea
SELLING AGENT NOTICE ADDRESS: LISTING AGENT NOTICE ADDRESS:
Individual Selling Agent: \ • Individual Listing Agent: c •
License #: J License 8:
Firm Name: Finn Name:
Acting as 0 Buyer's Agent g (sub)Agent CI Dual Agent Acting as 0 Seller's (sub 4t Dual Agent
. Mailing Address: Mailing Address: •
Selling Agent Fax#: Listing Agent fax #:
Selling Agent E -mail Address: Listing Agent E-mail Add
Selling Agent Phone#: Listing Agent Phone#:
ESCROW ACKNOWLEDGMENT
Escrow Agent acknowledges receipt of the earnest money and agrees to bold and disburse the same in accordance with the
terms hereof. 1 y
Date L ib C III Firm: ke%, <40 vsrt' 4.1 .1 lc fry, f
By.
(Signature)
Page 7 of 7
STANDARD FORM 12 -T
Revised 712008
0 7/2008
EXHIBIT A
REQUIRED LOT TAKEDOWN SCHEDULE
•
Closing Date* Lots Price per Lot
Initial Closing 45 Days following the Minimum of 6 Lots $28,000
Effective Date
Interim Closing #2 NLT 150 days after 6 additional lots $28,000
Initial Closing
Interim Closing #3 NLT 90 days after 6 additional lots $28,000
Closing #2
Interim Closing #4 NLT 90 days after The remaining Lots. * *$28,000
Closing # 3
** Buyer shall receive a credit of Four Thousand Dollars ($4,000) towards the Purchase Price of
each of the final 5 lots at Interim Closing #4.
SELLER: VILLAGE OF LEXINGTON, LIJC
By:
Its: f1q4
Date of Execution:
BUYER: ROYAL OAKS BUILDING GROUP, LLC
By.P W / 4
It's ager W
Date of Execution:
Afw - ro
R :URadman\Royal OakslLexington Village of - Exhibit A - (5- Apr -10). (2).doc