F. Contract Section Part 3

8/6/2019 F. Contract Section Part 3

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RELEASE OF EARNEST MONEY*

Seller D . AGREES 0DOES NOT AGREE that Escrow Agent may disburse any Earnest Money Deposit received in connection

lith the Contract to Buyer as a result of Seller's termination of the contract for the reason(s) set forth above.

Seller Date

Seller Date

Mailing Address: _

Buyer 0 AGREES 0 DOES NOT AGREE that Escrow Agent may disburse any Earnest Money Deposit received in connection

with the Contract to SelJer as a result of Seller's termination of the contract for the reason(s) set forth above.

Buyer Date

Dateuyer

Mailing Address: _

*As set forth in paragraph ICe) of the Contract, in the event of a dispute between Seller and Buyer over the return or forfeiture o

earnest money held in escrow by a broker, the broker is required by state law to retain said earnest money in the broker's trust o

scrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered

by a court of competent jurisdiction. Alternatively, if the broker is holding the eamest 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.

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NOTICE TO SELLER THAT BUYER IS EXERCISING THEIR RIGHT TO TERMINATE

THE OFFER TO PURCHASE AND CONTRACT-VACANT LOTfLAND (FORM 12-T) •Buyer: ("Buyer")

Seller: ("Seller")

Property Address: ("Property")

1. Contract. Buyer and Seller entered into a contract for the purchase and sale of the Property on the Offer to Purchase and

Contract-Vacant LotfLand (form 12-T) ("Contract"). The Effective Date of the Contract is _

2. Termination by Buyer. Buyer hereby terminates the contract between Buyer and Seller for the Property for the following

reason(s) (check all applicable boxes):

~ Exercise by Buyer of right to terminate during the Due Diligence Period (see Paragraph 2 of the Contract)

o Seller's delay in Settlement and Closing for more than fourteen (14) days from the Settlement Date or any extension of the

Settlement Date agreed upon in writing (see Paragraph 10 of the Contract)

C J Exercise by Buyer ofright to terminate under Paragraph 8 of Back-Up Contract Addendum (form 2AI-T) prior to receipt by

Buyer of written notice from Seller that Back-Up Contract has become primary~ Exercise by Buyer of right to terminate under Paragraph 1 of Contingent Sale Addendum (form 2A2-T) because Buyer has

not closed on the sale of Buyer's Property by the Settlement Date

o Exercise by Buyer of right to terminate under Paragraph 2 of Contingent Sale Addendum (form 2A2-T) because the Contract

For Buyer's Property has terminated (NOTE: Notice must be accompanied by reasonable documentation of termination o

Contract For Buyer's Property)

o Exercise by Buyer of right to terminate under Paragraph 2 of Short Sale Addendum (form 2AI4-T) based on Lienholders'

rejection of th e Short Sale.

~ Exercise by Buyer of right to terminate under Paragraph 3 of Short Sale Addendum (form 2A14-T) at any time prior to

receipt of writ tell notice from Seller of Lienholders Approval

THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. MAKES NO REPRESENTATION AS TO THE LEGAL

VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION.

Buyer Date Time

Buyer Date Time

Mailing Address: _

Page I of2

[B North Carolina Association of REALTORS®, Inc.

REALTORi! l Buyer Initials __ __ Seller Initials _G :lOUA l HOU S !l GOP PORTUHIH

STANDARD FORM 351-T

Revised 112011

© 1/2011

Beverly-Hanks & Associates 300 Execut ive Park Ashevi lle. NC 2880 I

Phone: 828-154-7221 Fax: 818-255·8994 adrnin l admin l Untitle

Produced with zlpForm® by zipL! :l gi x 18070 F if teen Mi le Road , F raser . M ichIgan 48026 www z IPLo9l :O: .com



RELEASE OF EARNEST MONEY BY SELLER*

Seller acknowledges that Buyer is entitled to a refund of any earnest monies received in connection with the contract as a result of

Buyer's termination of the contract for the reason(s) set forth above, and hereby agrees that Escrow Agent may disburse any such

arnest monies to Buyer.

Seller Date

Seller Date

Mailing Address: _

*As set forth in Paragraph 1(f) of the Contract, in the event of a dispute between Seller and Buyer over the return or forfeiture of

earnest money held in escrow by a broker, the broker is required by state law to retain said earnest money in the broker's trust or

escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered

by a court of competent jurisdiction. Alternatively, if the broker is holding the earnest money, the broker may deposit the disputed

monies 'with the appropriate clerk of court in accordance with tbe provisions ofN.e.G.S. §93A-12.

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STANDARD FORM 351-T

Revised 112011

© 1/2011

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S U PP LEMENT A L P R O VIS IO NS A DDENDU M #2

(FOR UNIMPROVED LOTS AND ACREAGE)

Note: All of the following provisions, which are marked with an 'X', shall apply to EITHER the attached Offer to Purchase and Contract-Vacant

Lot/Land or Offer To Purchase and Contract. Those provisions marked "N/ A" shall not apply.

Regarding:~---------------------------------------------------------------------------------

PropertyAddress,City a nd S ta te

1. T H E A C R E A G E R E P R E S E N T E D H E R E IN I S A N A P P R O X IM A T IO l \ ' F R O M D A T A S O U R C E S A V A IL A B L E . T h e B u y e r

hereby requests a new land survey be performed by a North Carolina licensed land surveyor prior to:

The cost of said survey shall be paid for by the __ Buyer, . Seller, or _ _ split equaJly between Buyer an d Seller

The acreage indicated by the "new" survey shall be the basis for establishing the actuaJ sales price based on $

per acre multiplied by the gross acreage. In the event t he a ct ua l acreage varies from the approximate acreage by more than

% , the Buyer(s) m ay at his/her option cancel the contract. T he __ Buyer, __ Seller, or Buyer

a nd S e lJe r (split e qu ally ) w ill r em a in responsible for any ag re ed upon paym ent for the new survey.

2. AREA REGIONAL AIRPORTS: Buyer acknowledges awareness of and possible noise associated with area

regional airports. Many types of aircraft operate from these regional airports with varying traffic patterns

depending on the wind and the weather conditions. The three main regional airports are: i) the Asheville Regional

Airport which is located near Interstate 26 at mile marker 40, ii) the Hendersonville Airport which is located at

1232 Shephard Street, Hendersonville; and iii) the Transylvania County Airport which is located on Old

Hendersonville Road, Penrose. The Buyer may desire to contact these regional airports to inquire into flight

patterns and any other matters or concerns which the Buyer may have as to such airports. The Buyer may contact

these area airports at: i) Asheville Regional Airport, Post Office Box 817, Fletcher, NC 28732 [828-684-2226]; ii)

Hendersonville Airport, 1232 Shephard Street, HendersonviJJe, NC 28792 [828-693-1897]; iii) Transylvania

County Airport, Post Office Box 1390, Etowah, NC 28729 [828-877-5801]. Other smaller airports or landing

strips are located throughout Western North Carolina and Buyer(s) is advised to seek out those which they feel

may adversely affect the Property being purchased. Such investigation shall be completed prior to the expiration

of the Due Diligence Period in 1(j) of the attached Offer to Purchase and Contract. CLOSING SHALLCONSTITUTE ACCEPTANCE OF THIS PROVlSION, AND ALL OTHER CONDITIONS OF THE

PROPERTY, BY THE BUYER(S).

3. OTHER: ~--------------------------------------------

IN T H E EVENT O F A NY CO NFLIC T BETWEEN T H IS A DDENDUM A ND T H E S A LE CO NT R A C T O F

WH IC H IT IS A P A RT , T H E T ERMS O F T H IS A DDENDU M SH ALL CO NT R O L.

Buye r : (SEAL) Date

Buye r : ( SEAL ) Date

Se l l e r : ( SEAL ) Date

Se l l e r : (S EA L) Date

Rev 01/2011





Should Buyer fail to deliver any Initial Earnest Money Deposit by the Effective Date, or should a ny check or other funds paid b

Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking da

after written notice to deliver good funds to the payee. In the event Buyer does not timely deliver good funds, Seller shall hav

the right to terminate this Contract uponwritten notice to Buyer.

(e) "Pre-Construction Evaluation Period": The period beginning on the Effective Date and extending through

______________________ TIME BEING OF THE ESSENCE with regard to said date

(f) "Dwelling": Seller shall complete construction of a single family dwelling and related improvements to be constructed o

the Real Estate in accordance with the Plans and Specifications agreed to by Seller and Buyer.

(g) "Property": The Property shall mean the Real Estate described in l(c) plus the Dwelling described in ](e).

(h) "Plans and Specifications": NOTE: All site plans, drawings, floor plans, landscape plans, schedule of allowances

description of materials and specification lists shouldeither be listed with copies attached as exhibits OR descrfbed wit

specificity (title of document, date, number of pages, designer, ete.) so they can be clearly identified and referenced:

0 ) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any othe

earnest monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall bdeposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract

otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, the

the Earnest Money Deposit shall be refunded to Buyer, In the event of breach of this Contract by Seller, the Earnest Money

Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any oilier remedies available to Buye

for such breach. In the event of breach of this Contract by Buyer, then without limiting any other remedies available to Seller fo

such breach, the Earnest Money Deposit shall be applied to such damages as Seller may be legally entitled to recover for suc

breach, and the balance of the Earnest Money Deposit, if any, shall be refunded to Buyer upon Buyer's request. If lega

proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in th

proceeding shall be entitled to recover from the non-prevailing party reasonable attorney fees and court costs incurred

connection with the proceeding.

(j) "Escrow Agent" (insert name):

(NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow,

licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, bereby agrees) to retain th

Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from th

parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if

Broker is holding the Earnest Money Deposit, the Broker may deposit the disputed monies with the appropriate clerk of court

accordance with the provisions ofN.C.G.S. §93A-12.)

THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE TH

EARNEST MONEY DEPOSIT 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.

*....,......""'._..-.......~ _-(k) "Effective Date": The date that: (i) the last one of Buyer and Seller has signed or initialed this offer or the fina

counteroffer, if any, and (ii) such signing or initialing is communicated to the party making the offer or counteroffer, as the cas

maybe.

(1 ) "Building Deposit"; The purpose of the Building Deposit, if any, shall be to compensate Seller for the cost of making th

following special improvements:

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The Building Deposit shall be paid to Seller (not Escrow Agent) promptly upon occurrence of both of the following events: (

expiration of the Pre-Construction Evaluation Period and [ii) receipt by Buyer of documentary evidence of Seller's financia

ability to construct the Dwelling. If the Building Deposit is to be payable in installments, the payments shall be made according

to the following schedule (insert "0" or "N/A" if the Building Deposit will not be paid in installments or if no Building Deposi

will be paid). NOTE; The total of any installments should equal the amount of the Building Deposit set forth inParagraph 1(d

above, if any:$ Date or event triggering payment:

$ Date or event triggering payment:



The Building Deposit is not a part of the Earnest Money Deposit and will be used by Seller in the construction of th

special improvements described above. The Building Deposit will be credited to the Purchase Price at Settlement. Th

Building Deposit shall be refundable only in the event of a material breach of the Contract by Seller, or if this Contract

terminated under paragraph 13.

Should Buyer fail to deliver the Building Deposit or any installment thereof in accordance with the terms of this subparagraph,

Buyer shall have seven (7) days after written notice to deliver the Building Deposit or the installments to Seller. In the even

Buyer does not timely deliver the Building Deposit, Seller shall have the right to terminate this Contract upon written notice t

Buyer.

(WARNING:. In determining whether and how much Building Deposit Buyer is willing to pay, Buyer should carefully conside

that even though Buyer may be legally entitled to a refund of the Building Deposit in the event of a material breach of thi

Contract by Seller, actual recovery of the Building Deposit may be difficult, time-consuming and/or costly if Seller is unable ounwilling to voluntarily refund the Building Deposit.)

(m) "Settlement": The proper execution and delivery to the settlement agent of'all documents necessary to complete th

transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance

documents,and payment of all funds necessary to complete such transaction.

(n) "Settlement Date" The parties agree that Settlement will take place on (the "Settlement

Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. The parties acknowledge and understand tha

Settlement may be delayed for a number of reasons, including but not limited to: (i) an extension of the Pre-Construction

Evaluation Period under paragraph 2(g); eli) a delay in. construction under paragraph 3(h); (ill) an unsatisfactory title update o

the settlement agent's lack of authority to disburse funds under paragraph 1(0); or (iv) Seller's failure to perform any required

correction, repair, treatment or remediation or other work that may be required under paragraph 4. In the event of a delay i

Settlement, the Settlement Date will be extended by a reasonable time to account for the delay(s) experienced. Unless otherwise

agreed inwriting, there must be SubstantiaI Completion of the Dwelling on or before the Settlement Date.

(0) "Closing": The legal process which results in the transfer of title to the Property from Seller to Buyer. Closing includes th

following steps: (1) the Settlement (defined above): (2) the completion of a satisfactory title update to the Property following th

Settlement; (3) the settlement agent's receipt of authorization to disburse all necessary funds; and (4) recordation in th

appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible fo

the settlement agent after Settlement. Upon such recordation of the deed(s) and deed(s) of trust, if any, Closing shall be deemed

completed and the proceeds of sale shall be disbursed by the settlement agent in accordance with the settlement statement and th

provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens

encumbrances or other title defects, or if the settlement agent is not authorized to disburse the lender's funds, then the Closing

shall be suspended and the Settlement deemed delayed.

(P) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes or by a

owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property. A SpeciaAssessment may be either proposed or confirmed.

"Proposed Special Assessment": A SpeciaI Assessment that is under formal consideration but which has not been approved

prior to Settlement.

"Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is full

payable at time of Settlement.

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STANDARD FORM 800-T

Adopted 11201

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(q) "Substantial Completion": The completion of the construction of the Dwelling in accordance with the Plans and

Specifications and any other special provisions that may be part of the Contract to the degree that: (i) it is habitable and

broom-clean, (ii) a certificate of occupancy has been issued by the appropriate governmental authority having jurisdiction over

the construction of the Dwelling and delivered to Buyer. and (iii) only Punch List Items remain to be corrected.

2. COl\TJ)ITIONS APPLICABLE DURING PRE-CONSTRUCTION EVALUATION PERIOD: During the Pre-Constructior

Evaluation Period, the following conditions shall apply:

(a) Buyer Loan Condition: 0ot Applicable

Unless not applicable, Buyer's performance is contingent upon Buyer's ability to obtain a 0HA 0VA (attach FHAIV A

Financing Addendum) 0onventional 0Other: loan at a0ixed Rate 0Adjustable Rate in the

principal amount of plus any financed VA Funding Fee or FHA MIP for a term of

_____ year(s), at an initial interest rate not to exceed % per annum, with mortgage loan discount points

not to exceed % and with loan origination fee not to exceed % of the loan amount ("Loan"). Buyer

agrees to pursue qualification for and approval of the Loan diligently and in good faith. Prior to the expiration of the

Pre-Construction Evaluation Period, 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 sale di cretion, 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

refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived this condition. Buyer shal

provide documentary evidence to Seller that Buyer can obtain the Loan.

(b) Seller Loan Condition: 0ot Applicable

Unless not applicable, Seller's performance is contingent upon Seller's ability to obtain such fmancing as may be necessary to

perform Seller's obligations under this Contract Seller agrees to pursue qualification for and approval of such financing

diligently and in good faith. Prior to the expiration of the Pre-Construction Evaluation Period, TIME BEING OF THEESSENCE, Seller shall have the right to terminate this Contract by delivering to Buyer written notice of termination ifSeller, in

Seller's sole discretion, is not satisfied that Seller will be able to obtain financing necessary to perform Seller's obligations under

this Contract or financing upon such terms that are acceptable to Seller. IfSeller has timely delivered such notice, this Contract

shall be terminated and all Earnest Money shall be refunded to Buyer. If Seller fails to deliver such notice, then Seller will be

deemed to have waived this condition. Seller shall provide documentary evidence to Buyer of Seller's financial ability to

construct the Dwelling.

(c) Reports: This Contract is contingent upon Seller obtaining the following applicable report(s) or permits (collectively the

"Reports"):

(i) Soil Suitability (0 Applicable 0Not Applicable): The soil is suitable for the Dwelling.

(ii) Utility Availability (0Applicable 0Not Applicable): The following utilities are available to the Property:

(iii) Environmental Restrictions (0Applicable 0ot Applicable): There is no environmental contamination, law

rule or regulation that prohibits or unreasonably limits the use of the Property for residential purposes.

(iv) Environmental Permits (0 Applicable 0Not Applicable): An Improvement Permit from any environmental

regulatory agency which may have jurisdiction concerning the Real Estate which would allow the construction of the

Dwelling.

(v) Flood Hazard (0 Applicable 0Not Applicable): There is no flood hazard that prohibits or unreasonably limits

the use of the Property for residential purposes. .

(vi) Septic System (0Applicable 0Not Applicable): An Improvement Permit or written evaluation from the County

Health Department ("County") for a (check only ONE) 0onventional or0ther _

---------------,=---------c ground absorption sewage system for a bedroom home.(vii) Private Drinking Water Well (0 Applicable 0ot Applicable): A Construction Permit from the County

Health Department ("County") for a private drinking water well.

(viii) Zoning/Restrictive Covenants (0pplicable0ot Applicable): The Dwelling may be constructed in accordance

with applicable zoning and restrictive covenants.(ix) Architectural Review (0Applicable 0Not Applicable): Approval from architectural review board/committee tha

the Dwelling meets applicable architectural requirements.

All costs and expenses of obtaining the Reports shall be borne by Seller, and Seller shall use best efforts to timely obtain the

Reports and provide copies of them to Buyer. If the Reports cannot be obtained by the expiration of the Pre-Construction

Evaluation Period, either party may terminate this Contract by delivering to the other party written notice of termination within

three (3) days following the expiration of the Pre-Construction Evaluation Period, TIME BEING OF THE ESSENCE. If the

terminating party bas timely delivered such notice, this Contract shall be terminated and all Earnest Money shall be refunded to

Buyer. If neither party delivers such notice, then the parties will be deemed to have waived this condition.

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(d) Insurance Availability/Affort'lability Condition:

o (i) Casualty Insurance: (if checked. the following terms apply). Buyer must be able to obtain the insurance set forth in

subparagraph (a) or (b) below at a rate not exceeding One Hundred Fifty Percent (150%) of the "Base Rate" for sucb

insurance as filed by the NC Rate Bureau with the NC Department of Insurance.

(ClJeck the appropriate box)

o (a) Buyer intends to occupy the Dwelling as Buyer's primary residence, and must be able to obtain insurance on

the Property with coverage at least equivalent to that contained in a Homeowners 2 - Broad Form policy (also known

as an H02 policy) without optional coverages.

o (b) Buyer does not intend to occupy the Dwelling as Buyer's primary residence and must be able to obtain

insurance O D the Property with coverage at least equivalent to that contained in a Dwelling Property 2 - Broad Form

policy (also known as a DP2 policy) without optional coverages.

o (ii) Flood Insurance: (if checked. the following terms app~v). Buyer must be able to obtain Flood Insurance on the

proposed Dwelling through the Federal Environmental Management Act Program.

(iii) Termination: Ifeither subparagraph (i) or (ii) or both, above, have been checked, then prior to the expiration of the

Pre-Construction Evaluation Period. TIME BE/NG OF THE ESSENCE, Buyer shall have the right to terminate thi

Contract by delivering to Seller written notice of termination ifBuyer, in Buyer's sole discretion, is not satisfied that Buyer

will be able to obtain insurance of the type and at the rate described above. If Buyer has timely delivered such notice, this

Contract shall be terminated and all Eames! Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then

Buyer will be deemed to have waived this condition.

(e) Extension: TIME IS OF TIlE ESSENCE REGARDING THE EXPIR.A.TJON OF THE PRE-CONSTRUCTION

EY ALUATION PERIOD. The parties may, but are not required to, agree to extend the Pre-Construction Evaluation Period. Any

extension of the Pre-Construction Evaluation must be in writing and signed by the parties. In the event of an extension, the

Settlement Date shall be extended by the same period of lime that the Pre-Construction Evaluation Period has been extended.

(NOTE: The failure of a party to terminate this Contract based upon a condition contained in this Pre-Construction Evaluation Period

paragraph shall not constitute a waiver of or otherwise affect any other rights that the party may have under this Contract.)

3. CONSTRUCTION OF DWELLING.(a) Quality of Coastructieu: Seller shall construct the Dwelling (i) in accordance with the Plans and Specifications; (ii) in

compliance with all laws, regulations, codes, and ordinances applicable to the construction of the Dwelling; and (iii) in a good

and workmanlike manner with new, good quality materials and components.

(b) Changes:

(i) Selle!' Changes: Seller shall not make any significant deviation or change in the Plans and Specifications without the

prior written consent of Buyer.

(ii) Buyer Changes: Buyer may request changes in the construction of the Dwelling within the general scope of the Plans

and Specifications, consisting of additions, deletions or other revisions.

(iii) Change Order: Changes under (i) andJor (ii) above shall be made only by a Change Order, which shall be in writing

and signed by both Buyer and Seller ("Change Order"). Any adjustments in the Purchase Price, Building Deposit and

Settlement date shall be as set forth in the Change Order.

(c) Construction Costs: Seller shall provide and pay for all labor, materials, equipment, tools, clean-up, utilities, transportation,

facilities, permits, fees. licenses all plans and specifications and all other costs, charges and expenses whatsoever in connection

with or related to the construction of the Dwelling unless otherwise agreed in writing.

(d) Construction Financing: Seller shall pay all costs charges, and other expenses, of any nature whatsoever, for Seller's

construction financing of the DweUing.

(e) Building Permit: Within days after the expiration of the Pre-Construction Evaluation Period, Seller will obtain the

building permit for the construction of the Dwelling. With respect to this deadline, TIMED IS DS NOT OF THEESSENCE. Construction of the Dwelling shall commence upon issuance of the building permit and necessary land use permits.

(f) Punch List Items:

(i) Seller shall notify Buyer when there has been Substantial Completion of the Dwelling and shall schedule a mutually

agreeable date and time on which Buyer shall inspect the Dwelling. Prior to Settlement, Buyer and Seller shall agree upon

written list of all deficiencies in workmanship and material that are detectable by visual examination ("Punch List Items").

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STANDARD FORM 800-T

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Seller shall correct Punch List Items at Seller's cost within a reasonable period of time. AFTER SUBST ANTlAL

COMPLETION(as defined in Paragraph l(q», SELLER'S FAILURE TO CORRECT A PUNCH LIST ITEM PRIOR T

SETTLEMENT WILL NOT BE GROUNDS FOR DELAYING SETTLEMENT OR THE IMPOSITION OF ANY

CONDITIONS ON SETTLEMENT; PROVIDED, SETTLEMENT SHALL NOT RELIEVE SELLER FROM TH

OBLIGATION TO CORRECT ANY PUNCH LIST ITEM.

(ii) This subparagraph (f) shall not be deemed to limit Buyer's right to conduct inspections under Paragraph 4 below or lim

the obligations of Seller under the Limited Warranty of Construction under Paragraph 5 below.

(g) Delay in Construction: If Seller is delayed at any time in the progress of construction by (i) any act or neglect of Buyer: (ii

written Change Orders; (iii) shortages of materials, adverse weather conditions, or delays in transportation which were noreasonably anticipated; or (iv) acts of God, Seller shall give as much notice as possible of the delay to Buyer and the time fo

Substantial Completion of construction of the Dwelling and the Settlement Date shall be extended by a reasonable time to accoun

for the delay(s) experienced. BUYER ACKNOWLEDGES AND UNDERSTANDS THE IMPORTANCE OF COOPERATING

FULL Y WITH SELLER IN ORDER TO HELP EXPEDITE THE CONSTRUCTION OF THE DWELLING AND TO AVOID O

MINIM1ZE ANY DELAY IN SETTLEMENT, INCLUDING BUT NOT LIMITED TO TIMELY COMMUNlCA nON OF ANY

REQUESTED CHANGES IN THE CONSTRUCTION OF THE DWELLING IN ACCORDANCE WITH PARf.-GRAPH 3(b)(i

ABOVE AND MAKING PROMPT DECISIONS ON ANY ALLOWANCE ITEMS.

4. RINER'S INVESTIGATION OF CONSTRUCTION:

(a) Inspections: Buyer or Buyer's designated representative may enter the Dwelling at reasonable times through the earlier

Closing or possession by Buyer, in such manner as not to interfere with the progress of construction, for the purpose

conducting such inspections as Buyer deems appropriate to determine whether the work performed or being performed conform

with the Plans and Specifications and the terms of this Contract. In the event that during construction Buyer shall reasonably

determine that such construction is not proceeding in accordance with this Contract, Buyer shan give written notice to Selle

specifying the particular deviation, deficiency, or omission, and Seller shall forthwith correct such deviation, deficiency,

omission. Buyer's rights under this paragraph shall not release Seller from any of Seller's obligations for the construction of th

Dwelling in accordance with the Plans and Specifications and this Contract.

(b) Wood-Destroying Insects: Buyer shall have the option of obtaining at Buyer's expense, prior to Settlement, a report from

licensed pest control operator on a standard form in accordance with the regulations of the North Carolina Structural Pest Contro

Committee, stating that as to the Dwelling there was no visible evidence of wood-destroying insects and containing no indicatio

of visible damage therefrom. If the report indicates that there is visible evidence of wood-destroying insects or visible damag

therefrom, Seller shall perform any required treatment and make any necessary repairs. Buyer is advised that the inspection

report described in this para.graph may not always reveal. either structural damage or damage caused by agents o

organisms other than wood-destroying insects. Seller shall provide a standard warranty of termite soil treatment.

(c) Radon Inspection: Buyer shall have the option, at Buyer's expense, to have the Property tested for radon priorSettlement. The test result shall be deemed satisfactory to Buyer if it indicates a radon level of less than 4.0 pica curies per liter

air (as of January 1, 1997, EPA guidelines reflect an "acceptable" level as anything less than 4.0 pico curies per liter of air

If the test result exceeds the above-mentioned level; Seller shall remediate to bring the radon level within the satisfactory range

Upon the completion of remediation, Buyer may have a radon test performed at Seller's expense, and if the test result indicates

radon level less than 4.0 pico curies per liter of air, it shall be deemed satisfactory to Buyer.

(d) Delay in Settlement: Seller's failure to perform any required correction, repair, treatment or remediation or other work th

may be required under this paragraph 4 prior to Settlement will be grounds for delaying Settlement.

(e) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Propert

resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damag

caused by accepted practices either approved by the NC Home Inspector Licensure Board or applicable to any other NC license

professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property.

(f) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise o

of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents an

contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of th

Property and/or out of Seller's negligence or willful acts or omissions. This repair obligation and indemnity shall survive th

Contra.ct and any termination hereof.

(g) Walk-Through: Buyer may conduct a walk-through inspection of the Property prior to Settlement.

Page 6 of 11

Buyer initials-----

Seller initials -----

STA-NDARD FORM 800-

Adopted 1/201

© 1/201

Produced with zipForm® by z ipLogix 18070 Fi fteen Mile Road , Frase r. Michigan ~e026 wWN.zmLo9IX.oom Untille



5. WARRANTIES:(a) Limited Warranty Of Construction. Unless otherwise provided for herein, Seller hereby warrants that, for a period of one

(1) year from the date of Closing or the date Buyer occupies the Dwelling, whichever comes first, Seller will make all necessary

repairs and corrections to the Dwelling, either interior or exterior, structural or nonstructural, that shall become necessary by

reason of faulty construction, labor or materials or non-conformity of construction to the Plans and Specifications. At Seller's

sale option, Seller may either (i) make such repairs and corrections, (ii) replace any faulty or non-conforming item or condition

or (iii) pay to Buyer the reasonable cost of such repair, correction or replacement. This limited warranty: (l) is for the benefit o

Buyer only and may not be assigned nor shall it inure to the benefit of any other person or entity, and (2) shall survive Closing

and the delivery of the deed. CI If checked, the foregoing Limited Warranty shall not apply and is replaced by the attached

written warranty from Seller.

(b) Warranties Of Components. Seller shall assign and deliver to Buyer at Settlement a.ll guarantees and warranties of al

components comprising the Dwelling to the extent the same are assignable. Buyer shall be responsible for compliance with any

notice and claim procedures set forth therein. Seller's warranty under Paragraph 5(a) shall not extend to any such component

expressly guaranteed or warranted by the manufacturer,

6. INSULATION OF DWELLING:

TYPE

THICKNESS

R-VALUE

WALLS II CEll.,INGS FLOORSI:

,

7. BUYER REPRESENTATIONS:

(a) Other Property: Buyer 0oes 0oes not have to sell or lease other real property in order to qualify for a new loan o

to complete the purchase of the Property. (WARNING: This does not create a contingent sa1e condition. The Contingent Sal

Addendum (Form 2A2·T) is not designed for use with this Contract and should not he used. If a contingent sale condition i

desired, consult a NC real estate attorney.)

(b) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances o

conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations i

accordance with this Contract, except as may be specifically set forth herein.

BUYER OBLIGATIONS:

(a) Owner Association Fees/Charges: Buyer shall pay any fees required for obtaining account payment information on owners

association dues or assessments for payment or proration and any charge made by the owners' association in connection with th

disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association.

(b) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments

disclosed by Seller in paragraph 9, if any.

(c) Responsibility for Certain Costs: 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 and recording of all instruments required to secure

the balance of the Purchase Price at Settlement.

9. SELLER REPRESENTATIONS:

(a) Ownership: Seller represents that Seller:

o has owned the Real Estate for at least one year;

o has owned the Real Estate for less than one year

o does not yet own the Real Estate

(b) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None"

or the identification of such assessments, if any): _

Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of suchassessments, if any): _. _

(c) Contractor's License: Seller represents that Seller is licensed to construct the improvements on the Real Estate.

Page 7 of 11


STANDARD FORM SOO-

Adopted 11201

© 11201

Produced with zlpForm® byZlpLogIX '8070 Fifteen Mile Road, Fraser, M,chigan48026 www"pLogl' torn Unti t led



(d) Owners' Asseciationts) and Dues: To best of Seller's knowledge, ownership of the Property 0 subjects Cldoes nosubject Buyer to regulation by one or more owners' associatioms) and governing documents, which impose various mandatory

covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations

to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association

Disclosure and Addendum (Standard Form 2A12-T) shall be completed by Seller, at Seller's expense, and must be attached as a

addendum to this Contract.

10. SELLER OBLIGATIONS: In addition to Seller's obligation to construct the Dwelling in accordance with paragraph 3 above

Seller shall have the following additional obligations:

(a) Evidence Of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective

Date, 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 .. Seile

authorizes (1) any attorney presently or previously representing Seiler to release and disclose any title insurance policy in suc

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 t

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 an

Seller's agents and attorneys.

(b) Access to Property: Seller shall provide reasonable access to the Property (including working, existing utilities) througb th

earlier of Closing or possession by Buyer.

(c) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property

which is not a part of the purchase and all garbage and debris from the Property.

(d) Affidavit And Indenmification Agreement: Seller shall furnish at Settlement an affidavit and indemnification agreement i

form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed o

furnished labor, services, materials or rental equipment as described in NCGS §44A-8 to the Property within 120 days prior t

the date of Settlement verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's

lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom.

(e) Payment And Satisfaction of Liens: 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 Settlement such that cancellation may be promptly obtained following Closing

Seller shall remain obligated to obtain any such cancellations following Closing.

(f) Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property at Settlemen

unless otherwise stated herein, which shall convey fee simple marketable and insurable title, free of all encumbrances except: a

valorem taxes for the current year (prorated through the date of Settlement); 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 inwriting. The Property must have legal access to a public right of way.

(g) Deed, Excise Taxes: Seller shall pay for preparation of a deed and all other documents necessary to perform Seiler'

obligations under this agreement, and for state and county excise taxes required by law. The deed is to be made to

(h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ toward any of Buyer's

expenses associated with the purchase of the Property, including any FHA/VA lender and inspection costs that Buyer is no

permitted to pay, less any portion disapproved by Buyer's lender.

(NOTE:. Examples of Buyer's expenses associated with. the purchase of the Property include, but are not limited to, discoun

points, loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids' (taxes, insurance, HOA dues, etc.)).

(1 ) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that th

amount thereof can.be reasonably determined or estimated.

(j) Late Listing Penalties: All properry tax late listing penalties, if any, shall be paid by Seller.

(k) Owners' Association Disclosure and Addendum (Standard Form 2A12-T): If applicable, Seller shall provide th

completed Owners' Association Disclosure and Addendum (Standard Form 2A12-T) to Buyer on or before the Effective Date.

Page 8 of 11


STANDARD FORM 800-1

Adopted 1/201

© 1/201

Produced wi th zlpFo rm® by zipLog lX 18070 F if teen Mile Road. Frase r, Mlch'gan 48026 wNw.zJPLog,xcom Untitle



(I) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this

Paragraph 10 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure o

breach, then the Earnest Money Deposit and any Building Deposit will be refunded to Buyer and Seller shall reimburse to Buyer

the reasonable costs actually incurred by Buyer in connection with Buyer's qualification for and approvaJ of any Loan and any

tests, surveys, appraisals, investigations, examinations and inspections of the Property conducted by Buyer or Buyer's agents o

representatives, without affecting any other remedies.

11. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated througb the date o

Settlement and either adjusted between the parties or paid at Settlement:

(a) Ad valorem taxes on real property shall be prorated on a calendar year basis:

(b) Owners' association regular assessments ("dues") and other like charges.

12. HOME WARRANTY: Ifa home warranty is to be provided, select one of the following. Any such warranty shall not change

Seller's obligations under Paragraph 5.

o Buyer may obtain a -year home warranty at a cost not to exceed $ and Seller agrees to pay

for it at Settlement.

o Seller has obtained and will provide a __ -year home warranty from _

at a cost of $ and will pay for it at Settlement. NOTE: Home warranties typicalJy have limitations on and

conditions to coverage. Refer specific questions to the home warranty company.

13. IUSK OF LOSS AND INSURANCE:

(a) Risk of Loss: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements

on the Real Estate are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice

delivered to Seller or Seller's agent and all deposits shall be refunded to Buyer. In the event Buyer does NOT elect to terminatethis Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account

of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the

Property until after confirming recordation of the deed.

(b) Insurance: Seller shall purchase and maintain "All Risks" Builder's Risk Insurance coverage, including Theft and

Vandalism and Malicious Mischief, upon the Dwelling on a "Completed Values" basis, while the Dwelling is in the course o

construction. "Completed Values" shall mean the full value of the Dwelling, as of the date that all construction is completed,

including Seller's total cost plus profit, but excluding the cost of the land. In the event that construction is fully completed prior

to sale of the Property, Seller shall purchase and maintain Permanent "All Risks" Property Insurance coverage on the Dwelling,

including Theft and Vandalism and Malicious Mischief, on a "Replacement Cost" basis. "Replacement Cost" shall mean the ful

cost of replacement of the structure or structures at the same site with new material of like kind and quality without deduction fo

depreciation. In addition, Seller shall purchase and maintain Third Party Liability Insurance coverage on the premises of the

Property during the course of, and after construction is completed.

14. POSSESSION: Possession, including all means of access to the Property, shall be delivered upon Closing unless otherwise

provided herein.

15. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A P}\RT OF THIS

CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTR,I\CT 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 2AI1-T)

o Schedule of Allowances Addendum (Form )

o FHNV A Financing Addendum (Fann 2A4- T)D OTHER: _

o Owners' Association Disclosure And Addendum (Form 2AI2-T)

o Seller Financing Addendum (Form 2AS-T)

16. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax

deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and his heirs and successors.

17. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with th

conveyance of the Property. Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging

Page 9 of 11STANDARD FORM 800-T

Adopted 11201

© 1l2()11uyer initials _ Seller initials _

Produced with zlpForm® by zrpl.cqix 18070 Fi ft.en Mi le Road. Fr aser, Mlcn'ga" 48026 W!''''! Zlol091> com Unt i t l ed



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, including assignment of this Contract in connection therewith, at no cost to the non-exchanging party, as shall be required

to give effect to this provision.

18. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective 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.

19. SURVIVAL: Ifany provision herein contained which by its nature and effect is required to be observed, kept or performed afte

the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept o

performed.

20. 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 a

contained in any listing agreement, buyer agency agreement, or any other agency agreement between them.

21. NOTICE: 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 anymailing address, e-mail address or fax Dumber et forth in the "Notice Information" section

below. Seller and Buyer agree that the "Notice Information" and "Escrow Acknowledgment" sections below shall not 'constitute

material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of a

offer or the creation of a counteroffer.

22. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and th

same instrument, and the parties adopt as their seals the word "SEAL" beside their signatures below ..

23. COMPUTATION 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 wa

required to be performed or made.

THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION

MAKE NO REPRESENT ATION AS TO THE LEGAL VALlDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM INANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND rms FORM OR FEEL THAT IT DOES NOT PROVIDE

FOR YOUR LEGAl NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU

SIGN IT.

Page 10 of 11


STANDA.RD FORM 800-1

Adopted 1/2011

© 1/2011

Produced with zlpForm® by zipLogl' 18070 Fifteen Mile Road, Fraser. M'chigan 48026 www,zipLoglx.ccm Untitle

http://www%2Cziploglx.ccm/

http://www%2Cziploglx.ccm/



This offer shall become a binding contract on the Effective Date.

Date:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

\uy~ (SEAL)

Date: ___

Buyer (SEAL)

D a t e : _ _ _

Date:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Sel1er (SEAL)

Date: ___

Seller (SEAL)

Buyer (SEAL) Date: __

Business Entity Seller:

(Print Entity Name)

By: -= ___

( S i g n a t u r e )

Title: - - - - - - - - - - - - - - - - - - - - - - - - - - - - -NOTICE INFORMATION

NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVESFOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY TID.S CONTRA.CT. INSERT "NIAli FOR ANY WHICH ARE NOTAPPROVED.

BUYER NOTICE ADDRESS:

Mailing Address: _

'uyer Fax#:Buyer E-mail: _

SELLING AGENT NOTICE ADDRESS:

Firm Name: _

Acting asQ Buyer's AgentCJ Seller's (sub) AgentDDual AgentMailing Address: _

Individual Selling Agent: _

oActing as a Designated Dual Agent (check only ifapplicable)License #: _

Selling Agent Phone#: _

Selling Agent Fax#: __

Selling Agent E-mail: _

SELLER NOTICE ADDRESS:

Mailing Address: ___

SeUerFax#:Seller E-mail: _

LISTING AGENT NOTICE ADDRESS:

Firm Name: _

Acting as0eller's Agent 0ual AgentMailing Address: _

Individual Listing Agent _

oActing as a Designated Dual Agent (check only if applicable)License#: __

Listing Agent Phone#: _

Listing Agent Fax#: ___

Listing Agent E-mail: _

ESCROW AGENT ACKNOWLEDGMENT of INITIAL EARNEST MONEY DEPOSIT

Escrow Agent acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same inaccordance with the terms hereof.

Date: _ Finn: ___

By: ~ = _ - - ~ - - - - - - - - - - - - -(Signature)

Page 11 of 11

Buyer initials _

STANDARD FORM 800-T

Adopted 11201

©112011eller initials ---------

Unti t ledroduced with zlpForm® by zlploglX 18070 Fift een Mrle Road, Fraser, Michlg<'m 48026 'WVII'W.2'lpLogixcom



SCHEDULE OF ALLOWANCES ADDENDUM

[This form is designed for use as an addendum to the Offer to Purchase and Contract-New Construction (Form # 800-I)]

The additional provisions set forth below are hereby made a pa r t of the Offer to Purchase and Contract-New Construction("Contract") for the Property located at: -,:-__ -.-.=:-__ -;--::;-

between the Buyer and Seller

NOTE: Reference should be made to the Plans and Specifications for a more detailed description of the items and allowances an

where the items are to be located (see paragraph 1(h) of the Contract). The amount of the allowance indicated below includes th

materials and labor to install the item unless otherwise indicated.

2.

3.

4.

5 ..

6.

7.

8.

Light fixtures (including fixtures,bulbs, spots, floods, door chimes and recessed fixtures)

Hardware:

A

ITEM

1. Wallpaper:

A

B.

C.

AMOUNT OF ALLOWA.NCE

Kitchen $ per roll

$ per rol l

$ per roll

Flooring;

A.

B.

e.

D.

E.

B.

Cabinets:

A

B.

C.

Countertops:

A

B.

C.

Paneled walls

Appliances:

A.

B .

C.

D.

Bathrooms

Carpet and Pad

Marble or Ceramic tile

Vinyllfloor covering

Hardwood

Other

$ per sq. yd.

$ per sq. ft.

$ per sq. yd.

$ per sq. ft.

$ per sq. ft.

$_------

Doors $ - - - - - - - - - - - - - - -

$_------abinets

Kitchen

Bathrooms

$_------

$---------------

$ - - - - - - - - - - - - - - -Oth~ _

Kitchen

Bathrooms

$_------

$ - - - - - - - - - - - - - - -

$ - - - - - - - - - - - - - - -ther _

$ per 4x8 sheet

Range

Oven

Refrigerator

Dishwasher

$ - - - - - - - - - - - - - - - -

$----------------

$ - - - - - - - - - - - - - - -$---------------

Page 1of3

STANDARD FORM 800AI-T

Adopted 11201

© 11201HREALTOR"

This form jointly approved by:

North Carolina Bar Association

North Carolina Association ofREALTORS®, Inc. EDU~L.~DUSINC

D , P O . T U N I T Y


Beverlv-Hanks &Associates 300 Executive Park Ashevil le, NC 2880J

Phonc: 828-254-722J Fax: 828-255-8994 adrnin 1 adrninl

Produced w llh ZlpFo rm® by ziplogix 18070 Fi fteen M ! Ie Road. Fraser Michigan 48020 www zIPLagi x cam

Untill



E.

F.

G.

H .

I.

J.

9. Bathrooms:

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

A.

B.

c.

Ceiling Fan(s)

Disposal

Microwave

Mirrors and Medicine Cabinets

Accessories (such as Paper and

Towel Bars)

Plumbing Fixtures

Landscaping to include trees and shrubs

Driveway

$ - - - - - - - - - - - - - - - -

$ - - - - - - - - - - - - - - -

$ - - - - - - - - - - - - - - -

$ - - - - - - - - - - - - - - -$

- - - - - - - - - - - - - - - - -

$---------------

$----------------

$ --------------

$ --------------

$---------------

$ - - - - - - - - - - - - - - -

$_--------

$_-------

$_---------

$ - - - - - - - - - - - - - - -

$ - - - - - - - - - - - - - - -

$---------------

$ - - - - - - - - - - - - - - -

$_------

$----------------

IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT ~NEW CONSTRUCTION, THIS ADDENDUM SHALL CONTROL.

Page 2 of3

STANDARD FORM 800AI-T

Adopted 1/201

© 11201

Produced wi th zipFo rm@by zipLogIX 18070 F if teen Mi le Road , F raser , Michigan 48026 WWWzlpLogix com Untit



THE NORTH CAROLINA ASSOClATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCLA..TIONMAKE NO REPRESENTATION AS TO THE LEGAL VA.LIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN

ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND TIllS FORM OR FEEL THAT IT DOES NOT PROVIDEFOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOUSIGN IT.

Date __ Date _

Buyer: (SEAL) Seller: (SEAL)

Date __ Dare _

Buyer: (SEAL) Seller: (SEAL)

Business Entity Seller:

D~e ___

(Print Entity Name)

By: ~--~-------(Signature)

Title: _

Page 3 on

STANDARD FORM 800Al-1

Adopted 11201

© 1/20n

Produced wr th z lpFo rm®by zipLog l) l, 18070 Fi fteen Mile Road , Frase r, Mchigan 48026 \IVWW.zlpLoQlx.com Untitl



ACKNOWLEDGMENT OF RECEIPT OF MONIES

[This form is to be used in conjunction with the Offer to Purchase and Contract-New Construction (Form 800) or New

Construction Addendum (Form 2A3- T)]

eller: ("Seller")

Buyer: ("Buyer")

Property Address: ("Property")

D SELLER ACKNOWLEDGMENT OF RECEIPT OF BlJll,DING DEPOSIT

Paragraph 1(1) of the Offer to Purchase and Contract-e-New Construction (form 800-T) or Paragraph 5(b) of the New Construction

Addendum (Form 2A3-T) between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Building

Deposit in the amount of $ , receipt of which Seller hereby acknowledges.

Individual SeUer(s): Business Entity Seller:

Seller: ~_-_:__ __ ---------(Signature)

Nrune: _

Date: _ By:----------~(~Si~gn-a-urr--e~)----------------------

Seller: ~--~-------------(Signature) (Print N arne)

Date: _ Date: Title: _

D .ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF ADDITIONAL EARNEST MONEY DEPOSIT

Paragraph 1(d) of the Offer to Purchase and Contract-New Construction between Buyer and Seller for the sale of the Property

("Contract") provides for the payment to (insert name of Escrow Agent identifiedin Paragraph l(j) of the Contract) of an Additional Earnest Money Deposit in the amount of $ . Escrow

Agent hereby acknowledges receipt of the Additional Earnest Money Deposit and agrees to hold and disburse the same in accordance

with the terms of the Contract.

Date: __ Firn1 : _

By: - - - - - - - - - - - - - - ~ ~ ~ ~ - - - - - - - - - - - - -Signature)

(Print Narne)

Page 1 of 1

This form jointly approved by:

North Carolina Bar Association

North Carolina Association ofREALTORS®, Inc,

G)!~",lO U S I N G

O P P O R T U N I T Y

ST.I\NDARD FORM 801-T

Revised 11201

© 11201

Beverly-Hanks &Associates 300 Executive Park Asheville, NC 2880 I

Phone: 828·254·7221 Fax: 828-255-8994 adminl adrnin l

Produced wi lh zlpFo rm® by zi ,pLag i. 18070 F if teen Mile Road . Fraser . MiGh ig.an 48026 WWN.? ioLoa ix.com

Untille



•GREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY

mEALTOR® North Carolina Association

of REAL TORS®

THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between

a(n) ("Buyer"), and~~~~~--=---~~--~--~----~~~-(individual or State of formation and type of entity)

a(n) ---:-:---:c,......,.-:,.........,-....."....-___",..".........-,---:---....."....---:----:-- (" S e ll e rn) .(individual or State offormatinn and type of entity)

FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE

CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES

HERETO AGREE AS FOLLOWS:

Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each

term.

Plat Reference: Lot(s) , Block or Section , as shown on Plat Book or Slide

______ at Pagers) _ County, consisting of acres

o If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporatec

herewith by reference,

(For information purposes: (i) the tax parcel number of the Property is: _

and, (ii) some or all of the Property, consisting of approximately_______ , Page No. _

__________ acres, is described in Deed Book__________ County.)

together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any

itemized on Exhibit A.

$_-------(b) "Purchase Price" shall mean the sum of _

____________________________________ Dollars

payable on thefollowing terms:

$ - - - - - - - - - - - - - - - - (i) "Earnest Monev" shall meanor terms as follows: _

Dollars

Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall bpromptly deposited in escrow with (name o

person/entity with whom deposited), to be applied as part payment of the Purchase Price of the Property a

Closing, or disbursed as agreed upon under the provisions of Section 10 herein.

Page 10f8

This form jointly approved by:North Carolina Bar AssociationNorth Carolina Association of REAL TORS®, Inc.

STANDARD FORM 580~T

Revised 1120]

© 112011

Buyer Initials __ _ Seller Initials _

Beverly-Hanks & Assocmtes 300 ExCCUlWt: Park Asheville. NC 2S80 I Phone: g~S-~54- 7221 Pax- 82S-1.55-8994admml admml Produced With 2IpForm® by zlpLoglx 18070 Fifteen Mle Roao. Fraser. Mchigan 48026 www.zipLoqix.com

Unlil!e

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$---------------

$_------

$_------

$ - - - - - - - - - - - - - - -

o ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE

PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check on~"ONE box)

0 ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF

THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED A S AGREED

UPON UNDER THE PROVISIONS OF SECTION ]0 HEREIN. (Buyer's Taxpayer Identification

Number is: )

o ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER

IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNTAND RECORDS ASSOCIATED THEREWITH.

(ii) Proceeds of a new loan in the amount of _

____________________________________ Dollars

for a term of years, with an amortization period not to exceed years, at an interest rate

not to exceed. % per annum with mortgage loan discount points not to exceed %

of the loan amount, or such other terms as may be set forth on Exhibit B. Buyer shall pay all cost

associated with any such loan.

(iii) Deliverv of a promissory note secured by a deed of trust, said promissory note in the amount o___________________________________ Dollars

being payable over a term of years, with an amortization period of years, payable i

monthly installments of principal, together with accrued interest on the outstanding principal balance a

the rate of percent %) per annum in th

amount of $ . ,wi th the first principal payment beginning on the first day of the

month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B. At an

time, the promissory note may be prepaid in. whole or in part without penalty and without further interes

on the amounts prepaid from the date of such prepayment (NOTE: In the event of Buyer's subsequent

default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited

to foreclosure of the Property. H the deed of trust given hereunder is subordinated to senior

fmancing, the material terms of such financing must be set forth on Exhibit B. If such senior

financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.)

(iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on th e Property, suc

obligation having an outstanding principal balance of $ and evidenoedby a note bearing interest at the rate of percen

( %) per annum, and a current payment amount of $ . The obligations

of Buyer under this Agreement are conditioned upon Buyer being able to assume the existing loa

described above. If such assumption requires the lender's approval, Buyer agrees to use its best efforts t

secure such approval and to advise Seller immediately upon receipt of the lender's decision. Approval

must be granted on or before . On or before this date, Buyer has the righ

to terminate this Agreement for failure to be able to assume the loan described above by delivering t

Seller written notice of termination by the above date, time being of theessence . If Buyer delivers suc

notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. IfBuye

fails to deliver such notice, then Buyer will be deemed to have waivedth.e loan condition. Unless

provided otherwise in Section 3 hereof, Buyer shall pay all fees and costs associated with any suc

assumption, including any assumption fee charged by the lender. At or before Closing, Seller shan assign

to Buyer all interest of Seller in any current reserves or escrows held by the lender, any propertymanagement company and/or Seller, including but not limited to any tenant improvement reserves

leasing commission reserves, security deposits and operating or capital reserves for which Seller shall b

credited said amounts at Closing.

(v) Cash, balance of Purchase Price, at Closing in the amount of _________________________________________________________ Dollars

Page 2 of 8

Buyer Initials __ Seller Initials _ STAND.I\.RD FORM. 580-T

Revised 11201

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(c) "'Closing'" shall mean the date and time of recording of the deed. Closing shall occur on or before_________________________ or _

(d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller.

(e) "Examination Period" shall mean the period beginning on the Contract Date and extending through

TIME IS OF THE ESSENCE AS TO THE EXAMlNA TlON PERIOD.

(D "Broker(s)" shall mean:________________________________________ ("Listing Agency"),

__________________________________________________________ ("Listing Agent" - License #

Acting as:Q Seiler's Agent;and ("Selling Agency"),

_________________________________________ ("Selling Agent"- License #

Dual Agent

o DualAgent

Acting as: a Buyer's Agent; Q Seller's (Sub) Agent;

(g) "SeDer's Notice Address" shall be as follows:

except as same may be changed pursuant to Section 12.

(h) "Buver's Notice Address" shall be as follows:

except as same may be changed pursuant to Section 12.

O(i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein

by reference. (Note: Under North Carolina law, real estate agents are not permitted to draftcondttlons or contingencies

to this Agreement.)

Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property fur th

Purchase Price.

Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis)

leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit :8, if any, shall b

prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's

obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes

required by law, and the following:

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Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations

undertaken by Buyer under this Agreement and the following:

b party shall pay its own attorney's fees.

Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies

of all informat ion relating to the Property in possession of or available to Seller, including hut not limited to: title insurance policies,

surveys and copies of all presently effective warranties or service contracts related 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 it s 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. IfBuyer does no

consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to

Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon SelJer's request, provide to Seller copies of (subject

to the ownership and copyright interests of the preparer thereof) any and a ll studies, reports, surveys and other information relating

directly to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release o

the Earnest Money. copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy o

correctness thereof.

Section 5. Evidence of Title: Seller agrees to convey fee simple marketable and insurable title to the Property free and clear of al

liens. encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (if applicable) and (c

matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ("Permitted

Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the

payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any

instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written

consent of Buyer, which consent shall Dot be unreasonably withheld, conditioned or delayed.

Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly

conditioned upon fulfilhnent (or waiver by Buyer, whether explicit or implied) of the following conditions:

(a) New Loan: The Buyer must be able to obtain the loan, if any, referenced in Section 1 (b)(ii). Buyer must be able to obtain

'irm commitment for this loan on or before , effective through the date of Closing

.yer agrees to use its best efforts to secure sucb commitment and to advise Seller immediately upon receipt of lender's decision. On o

before the above date, Buyer has the right to terminate this Agreement for failure to obtain the loan referenced in Section Ib)(ii) by

delivering to Seller written notice of termination by the above date, time being of the essence. If Buyer delivers such notice, this

Agreement shall be null and void and Earnest Money shall be refunded to Buyer. IfBuyer fails to deliver such notice, then Buyer wil

be deemed to have waived the loan condition. Notwithstanding the foregoing, after the above date, Seller may request in writing from

Buyer a copy of the commitment letter. IfBuyer fails to provide Seller a copy of the commitment letter within five (5) days of receipt

of Seller's request, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has no

then received a copy of the commitment Jetter, and Buyer shall receive a return of Earnest Money.

(b) Qualification for Financing: If Buyer is to assume any indebtedness in connection with payment of the Purchase Price,

Buyer agrees to use its best efforts to qualify for the assumption, Should Buyer fail to qualify, Buyer shall notify Seller in writing

immediately upon lender's decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Earnest Money.

(c) Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the

Property before the end of tbe Examination Period. In the event that such title examination shall show that Seller's title is not fee

simple marketable and insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such

title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said

noticed defects. IfSeller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this

Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). IfBuyer is to

purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the

Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions.

(d) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer,

reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii)

proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds

payable on account of the damage or destruction applicable to the Property.

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Buyer Initials _ Seller Initials _ STANDARD FORM 580-T

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(e) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business

hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other testing,

conducting timber cruises, and surveying the Property. Buyer shall conduct all such on-site inspections. examinations, soil boring and

other testing, timber cruises and surveying of the Property in a good and workmanlike manner shall repair any damage to the Property

caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's 0

any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-site inspections

outside of the hours any tenant's business is open to the public and shall give prior notice to any tenants of any entry onto any tenant's

portion of the Property for the purpose of conducting inspections. Upon Seller's request, Buyer shall provide to Seller evidence o

general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related

directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and

maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant

therein) unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants,

lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer

assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this Section 6(e) and agrees to

indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the

Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any damage to the Property caused

by Buyer's entry and on-site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through

the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO

PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER

THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN rms AGREEMENT SHALL

TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY.

Section 7. Leases (Check one of the following, as applicable):

o If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined)

affecting the Property.

o If this box is checked, Seller discloses that there are one or more leases affecting the Property (oral or written, recorded

or not - "Leases") and the following provisions are hereby made a part of this Agreement.

(a) All Leases shall be itemized on Exhibit B;

(b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as ifthe Leases were listed therein;

(c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which,

with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either

by Seiler, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as of the Contract

Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not tocommit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease

Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease.

(d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations o

the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer

in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease), and Seller

agrees to use its best efforts to effect such assignment. Any assignment required under this Section 7 shall be required to be delivered

at or before Closing by Seller in addition to those deliveries required under Section 11 of this Agreement.

(e) Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any

Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and deliver (and work diligently to

obtain any tenant signatures necessary for same) any estoppel certificates and subordination, nondisturbance and attornment

agreements in such form as Buyer may reasonably request.

Section 8. Envtrnnmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in

accordance with. applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined a

those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United States

Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency a

hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become

regulated under any applicable local. state or federal law, including, without limitation, any material, waste or substance which is (i

petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of th

Page 5 e r sBuyer Initials _ Seller Initials _ STANDARD FORM 580-T

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Clean Water Act of 1977 (33 U.S.c. 91321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 V.S.c. §1317), (v

defined as a hazardous waste pursuant to Section 1004 of t h e Resource Conservation and Recovery Act of 1976 (42 U.S.c. §6903) o

(vi) defined a s a hazardous substance pursuant to Section 10 1 of the Comprehensive Environmental Response, Compensation and

T iability Act of 1980 (42 U.S.C. §960l). Seller has no actual knowledge of any contamination of the Property from such substances a

y have been disposed of or stored on neighboring tracts.

Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided

herein, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for th

repair of the Property, including any improvements, unless the parties hereto agree in writing.

Section to . Earnest Money Disbursement: In the event that any of the conditions hereto are not satisfied, or in the event of a breach

of this Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies

available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money shal

be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute

between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a licensed real estate broker, the broker i

required by state law to retain said Earnest Money in its trust or escrow account until it has obtained a written release from the parties

consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction, or alternatively, the party holding th

Earnest Money may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S.

R93A-12.

Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a general warranty deed unless otherwise specified on Exhibit

B and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sal

for any personalty listed on Exhibit A, an. owner's affidavit, lien waiver forms and a non-foreign status affidavit (pursuant to thForeign Investment in Real Property Tax Act), and Buyer shall pay to Seller the Purchase Price. At Closing, the Earnest Money shall b

applied as part of the Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties

hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price an

other funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has taken place.

Section 12..Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given

or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given an

-eived on the date delivered in person or deposited in the United States mail, registered or certified, return receipt requested, to th

.dresses set out in Section 1(g) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice

delivered in accordance herewith.

Section 13. Entire Agreement: Tills Agreement constitutes the sole and entire agreement among the parties hereto and n

modification of this Agreement shall be binding unless in writing and signed by all parties hereto.

Section 14. Enforceability: Tills Agreement shall become a contract when signed by both Buyer and Seller and such signing i

communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effective

communication for the purposes of this Section 14. Tills Agreement shall be binding upon and inure to the benefit of the parties, thei

heirs, successors and assigns and their personal representatives.

Section 15. Adverse Information and Comp:liance with La.ws:·

(a) Seller Knowledge: Seller has no actual knowledge of (i) condemnation{s) affecting or contemplated with respect to th

Property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable

laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, fo

sidewalk, pavin.g, water, sewer, or other improvements on or adjoining the Property, and no pending or confmned owners' association

special assessments, except as follows (Insert "None" or the identification of any matters relating to (i)t1rrough (iv) above, if any):

Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by

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 shall pay a

owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take titl

subject to all pending assessments disclosed by Seller herein, if any.

<::ellerrepresents that the regular owners' association dues, ifany, are $ per _

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(b) Compliance: To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations,

statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of,

constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other

instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal

or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any

such action, suit or other proceeding.

Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the

parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within s ix (6) months after the Closing, and without

further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take sucb other action as

Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance

with this Agreement.

Section 17. Applicable Law: This Agreement shall be construed under the laws of the state inwhich the Property is located. This form

has only been approved for use in North Carolina.

Section 18. Assignment: This Agreement is freely assignable unJess otherwise expressly provided on Exhibit B.

Section 19. Tax-Deferred Exchange: In the event Buyer or Seller 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.

Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in

recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to

incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from

any effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing).

The cost of recording such memorandum of contract shall be borne by the party requesting execution of same.

Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this

Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the

party for whom he or she signs and that his or her signature binds such party.

Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless fromany and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions

arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers

designated under Section l(t) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to

be involved in this transaction and (li) that the compensation of the Brokers is established by and shall be governed by separate

agreements entered into as amongst the Brokers, the Buyer and/or the Seller.

o EIFS/SYNTHETIC STUCCO: If the adjacent box is checked Seller discloses that the Property has been clad previously

(either in whole or in part) with an "exterior insulating and finishing system" commonly known as "ErFS" or "synthetic stucco". Seller

makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with

respect to conditions related to or occasioned by the existence of such materials at the Property.

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 ANYSPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR

YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROUNA REAL ESTATE ATTORNEY BEFORE YOU SIGN

IT.

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Buyer Initials _ Seller Initials _ STANDARD FORM 580- T

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BUYER: SELLER:

Individual Individual

D a t e : _ _ _ D a t e : _ _ _

D a t e : _ D a r e : _ _ _

Business Entity Business Entity

(Name of Entity) (Name of Entity)By: _ By: ___

N a m e : _ _ _ Name: __

T i t l e : _ _ _ T itle: _

D r u e : _ _ _ D a t e : _

The undersigned hereby acknowledges receipt of the Earnest Money set forth berein and agrees to hold said Earnest Money i

accordance with tbe terms hereof.

(Name of Finn)

D a t e : _ By:

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STANDARD FORM .580-

Revised 1120I

© 1120]

Untille



Beverly-Hanks &Associates, RealtorsDISCLOSURE OF BUSINESS RELATIONSHIPS

HA l BH Comme cia

This provides notice that Beverly-Hanks & Associates, or its owners, have business relationships with certain providers of

services related to your sale or purchase of real estate.

Beverly-Hanks & Associates is in the real estate brokerage business providing brokerage service to buyers and sellers and

receives a commission on these services.

BEVERLY-HANKS MORTGAGE SERVICES: Beverly-Hanks & Associates and its owner have common ownership

and financial interest in Beverly-Hanks Mortgage Services.

CARDINAL TITLE CENTER: Beverly-Hanks & Associates bas a 13.08% ownership interest in the Cardinal Title

Center, an agent for Investors Title Insurance Company. Because of tins relationship, this referral may provide

Beverly-Hanks & Associates a financial or other benefit. Set forth below is the estimated charge or range of charges by

Cardinal Title Center, LLC for title insurance on the subject property.

You are NOT required to use Cardinal Title Center, LLC as a condition for settlement of your loan on the subject property.

OTHER SETTLEMENT SERVICE PROVIDERS WITH SIMILAR SERVICES MAYBE AVAILABLE. OTHER TITLE

INSURANCE COMP ANTES MAYBE AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO COlvIT'ARE

PROVIDERS TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND TIlE BEST RATE FORTHESE SERVICES.

Type of Policy

Mortgagee's

Owner's

North Carolina

Amount of Insurance

$100,000

$150,000

North Carolina

Estimated Charge

$255

The $255 above plus an additional $85

HOME WARRANTY DISCLOSURE: No Beverly-Hanks & Associates company or company principal has any

ownership interest in any company offering home warranties. However, when a seller or purchaser purchases a home

warranty policy through Beverly-Hanks & Associates, Beverly-Hanks may receive a portion of the premium paid for

administrative services performed in the placement of this policy.

As a mechanism for our company to assist non-profit organizations and charitable causes within our communities,

Beverly-Hanks & Associates has established the "Neal Hanks, Sf. Memorial Fund". One hundred percent of the

contributions to this fund are allocated to programs within our communities, Allocations are determined by a board of

directors made up of Beverly-Hanks & Associates agents and management team members.

One of the sources of contributions to the fund is the administration fees which our finn is paid by home warranty

companies for originating warranty sales. We contribute 100% of those fees to the Neal Hanks, Sf. Memorial Community

Assistance Fund.

Sales Associates receive DO fees from any of these services.

There are other service providers available with similar services. You are free to shop around and determine that you are

receiving the best services and the best rate for these services. You are under no obligation to use any of the companies

listed above. Beverly-Hanks & Associates or its Owners, does not have ownership or financial interest in any real estateservice provider other than those listed above.

Property Address

Buyer/Seller Name Printed/Signature Date

Buyer/Seller Name Printed/Signature Date

(RI 'SD 011201 /)



PROFESSIONAL SERVICES DISCLOSURE AND ELECTION

PropuryAddre~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~rProperty'lyer!SeUer:~~~~_~~ _

.i.There are numerous services that typically are performed in connection with the purchase and sale of real estate. Buyer/Seller

understands that Beverly-Hanks &Associates cannot give advice in certain matters that may relate to the purchase or sale of the

Property, including but not limited to matters oflaw, taxation, financing, surveying, wood-destroying insect infestation, structural

soundness or engineering.

2. Buyer/Seller acknowledges Beverly-Hanks &Associates has recommended that Buyer/Seller consult with a professional for anopinion regarding each service listed below to be performed pursuant to Buyer/Seller's purchase or sale of the Property. Regarding each

such service, Buyer/Seller has either selected or elected not to have the service performed. Although Firm may provide Buyer/ Seller

the names of providers who claim to perform services in one or more of the listed areas, Buyer/Seller understands that Firm cannot

guarantee the quality of service or level of expertise of any such provider. Buyer/Seller agrees to pay the full amount due for all

services directly to the service provider whether or not the transaction closes. Buyer/Seller acknowledges that he/she has received a

copy of Beverly-Hanks & Associates, Realtors Disclosure of Business Relationships disclosing their interest in Beverly-Hanks

Mortgage Services and the Cardinal Title Center, LLC.

ServiceSelected

Service Provider(s)Waived

(check) (initial)

Appraisal

Attorney/Title Exam/Closing

Property InspectionHome Warranty American Home Shield

2-10 Home Warranty

Other

Mortgage FinancingI

Beverly-Hanks Mortgage Services

I Other

Property Insurance

.adon Inspection

Septic Information

Survey* (see note below)

Title Insurance Cardinal Title Center, LLC (an Agency of Investors Title)

Ph: (828) 877-2570; Fax: (828) 877-2573; [email protected]

Other

WellfW ater Inspection !

Wood Infestation

Other

3. Buyer/Seller hereby agrees to indemnify and hold Finn hannJess from and against any and all liability, claim, loss, damage, suit, or

expense that Beverly-Hanks & Associates may incur either as a result of Buyer/Seller's selection and use of any of the listed service

providers recommended by Beverly-Hanks &Associates Or their affiliates or Buyer/Seller's election not to have one or more of the

listed services performed.

* NOTE REGARDING SURVEYS: Situations arise all too often that would have been avoided if the Buyer/Seller had obtained a new survey froma NC registered surveyor. A survey will normally reveal such things as encroachments on the Property from adjacent properties (fences, driveways,

etc.); encroachments from the Property onto adjacent properties; road or utili ty easements crossing the Property; violations of set back lines' lack of

legal access to a public right-of-way; and indefinite or erroneous legal descriptions in previous deeds to the Property. Although title insurance

companies may provide lender coverage without a new survey, the owner's policy contains an exception for easements, set-backs and other matters

which would have been known on a survey. Many such matters are not public record and would not be included in an attorney's title examination.

In addition, ifthc Buyer/Seller does not obtain their own survey, they would have no claim against a surveyor for inaccuracies in a prior survey.

Juyer or Seller Signature Dale Buyer or Seller Signature Dale

Beve r l y -Hanks & A ssoc ia te s A g en t

Revised 01/2011

mailto:[email protected]

mailto:[email protected]



•Prepared for: _

SELLER ESTIMATED NET SHEET

Property Address: _

THE FOLLOWING ARE TYPICAL EXPENSES WHICH A SELLER IS OBLIGATED TO PAY OR IS REQUIRED BY

OPERATION OF LAW, AND ALSO INCLUDES ITEMS WHICH MAY BE NEGOTIATED BY CONTRACT AND

PRE-MARKETING EXPENSES. SELLER ACKNOWLEDGES AND UNDERSTANDS THAT EACH ESTlMATE HEREON

IS AN APPROXIMATION ONLY. SELLER SHOULD VERIFY THE ACCURACY OF THE CALCULATIONS.

CLOSING COSTS -

Pre-Marketing Inspections

THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. MAKES NO REPRESENTATION AS TO THE LEGAL

VALIDITY OR ADEQUACY OF ANY PROVISION OF rats FORM IN ANY SPECIFIC TRANSACTION.

Seller Date Dategent

SeIJer Date

Page 1 of I

North Carolina Association of REAL TORS®, Inc.

~f QU M H ~ US IH CO P P D R T U N I T Y

STANDARD FORM 11(

Revised 11201

© 1/2011HEALTOR"

Beverly-Hanks &Associates 300 Executive Park Asheville, NC 28&01

Phone: 828-254-7221 Fax: 828-255-8994 admin I adminl Unrifl

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COVER SHEET FOR CLOSING ATTORNEY

BUYER/SELLER INFORMATION AND CLOSING REQUESTSAGENTS: Attach as Cover Sheet for Offer to Purchase and Contract to be sent to Closing Attorney.

Agent Name: _ Agent Cell #: _ Email Address: --------------Property Address:

Closing Attorney:

o BUYER(S) or 0 SELLER(S) Information:

Closing Date:

Earnest Money:

----------------Name: Telephone #: 0 Work 0 Home 0 Cell

Name: Telephone #: 0Work 0 Home 0ell

My Client(s) is/are: DSingleD Married DSeparated 0Divorced D Partners 0 Entity

o WILL be at closing o WILL NOT be at closing 0Prepare a Limited Power of Attomey o Wil l sign by mail-away

OLender

Contact Person:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

1st Mortgage: 2nd Mortgage:

Phone#: _

Loan Amount:

o Appraisal:

o Manufactured Home: o IS NOT D IS located on this property.

o Title Insurance: My client has requested title be insured through:

o CARDINAL TITLE CENTER, LLC

123 East Main Street

Brevard, NC 28712

866.772.2297 (T) 828-877-2573 (F)

o Other:-----------------

Prior Title Insurance Company: Policy ID: _

o Homeowners Hazard Insurance Co.: DPrepaid 0Place on HUD

Contact Person: Phone #: -----------:0 Termite Report:

Contact Person: Phone #:- - - - - - - - - - - - - - - - - - - - - - - - - - - - -----------D Fuel Oil to be measured & pro-rated Amount: ~ _

D Home Inspection: Amount: D Prepaid 0 Place on HUD----------------- -------o Survey: 0 Please order DHas been previously ordered Surveyor: __

o Property Owners Association:

Mailing Address: _

Contact Person: Phone #:-------------------- ---------------

Amount of Dues: per DMonth 0 Year

DRoad Maintenance Agreement & Fees:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

D Easement(s) Information:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

C I Home Warranty: Company

Home Warranty Number Amount:----------o Invoice Fees to Appear on HUD-1 Closing Statement:

Paid for by 0 Seller DBuyer

red



REFERRAL AGREEMENT

•REFERRING FIRM INFORMATION:

Finn Name: License #

Agent Name: License #

Finn Address:

Phone: Fax: E-mail: _

Fed. Tax ID# (EIN or SS#, if sale proprietor): _

RECEIVING FIRM INFORMATION:

Firm Name: License #

Agent Name: License #

Finn Address: _

Phone: Fax: E-mail: __

PROSPECT INFORlVIATION:

Name: ------------------------------------------------------ddress: _

Phone: Fax: E-mail: _

The Prospect f J . is I : J is not aware of the Referral. (NOTE: The rules of the North Carolina. Real Estate Commission require

the Referring Firm to disclose to the Prospect that payment may be received.)

INFORMATIONINOTES:

COMPENSATION: In consideration of the referral of Prospect, Receiving Finn shall pay Referring Finn as indicated below

[insert "N/A" in blanks not used]:

I : J % of the monetary compensation (including but not limited to any commission, bonus or other consideration

of more than nominal value) received by Receiving Firm (or any of its agents) as listing agent for the sale of Prospect'

property

o % of the monetary compensation (including but not limited to any commission, bonus or other consideration

of more than nominal value) received by Receiving Firm (or any of its agents) as. selling agent for the Prospect's purchase of

propertyC l Oili~: _

TIME OF PAYMENT: Any compensation owed hereunder shall be paid to Referring Firm within

Firm's receipt of the compensation.

_______ days of Receiving

I BEALTOR"

Page 10f2

North Carolina Association ofREALTORS®, Inc.

G : r_-p..-o ..rv ..........

STANDARD FORM 73

Revised 11201

©11201

Be..-crly-Hanks & - Associme:-~ 300 Executive Park Asheville, Nt 28 01 Phone: S21:i-~54-7::!1 Fax- S2S-~5-89(14

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I HA I BH Commercial. = . . . '. . . . . '. ' ~ "

I I l A o ~ . ' . , . I

C o m m e rc Ia l R ea l Es.iat~ SelVetrS, \Norid 'Nioe

AGENT TO AGENT

REFERRAL AGREEMENT

The Sales Associate listed acknowledges the referral and fee listed below:

Referral (Client Name):

Referring Agent:

Receiving Agent:

Referral Fee:

This agreement is between the referenced Agents. Beverly-Hanks & Associates does not set policies

regarding the referral fees. Upon closing, Beverly-Hanks & Associates will remit a check to each

Agent based on their respective commission split and recognize the appropriate volume toward their

annual sales production.

The referring agent, who has an established relationship with the customer, is entrusting thisrelationship to the receiving agent and the manner in which they are handled is a reflection on both

agents and Beverly-Hanks &Associates. The receiving agent shall update the referring agent with a

status of the transaction monthly, at a minimum.

It is expressly understood that a client, prospect 01' customer referred to a commercial agent will remain

the prospect of that residential sales associate for future residential transactions.

Other:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Referring Agent Date Receiving Agent Date

Managing Broker"Managing Broker*

*ComrnerciaI transactions only. All applicable signatures must be obtained prior to contacting the client. Rev. 10 108



Beverly-Hanks &Associates

Tif:le Insurance Selecf:ion ForDl.

Return form to MLS Coordinator at time of contract.

* Agent Instructions: Please convey this form witb the contract documents to the buyers closing attorney. *

Buyer(s): Property:

SellingAgent:~-------------------------

SellingCompany:~---------------------

Listing Agent:---------------------------

Listing Company:------------------------

I. I acknowledge that I have received a copy of a Notice required by the Federal Real Estate Settlement

Procedures Act and Regulation X (RESPA Notice) disclosing the Beverly-Hanks & Associates

interest in a title insurance agency, Cardinal Title Center, LLC (only applicable for federally-backed

mortgage loans requiring a HUD-l Settlement Statement).

II. Title Insurance Company Election (choose one):

o I request that my title insurance business be referred to Cardinal Title Center, LLC , an

agent of Investors Title, and my attorney or closing agent be notified accordingly. I further

understand that I can contact Cardinal Title Center, LLC (ph: 828-877-2570), to obtain or

provide additional information concerning title insurance ..

o I request my title insurance business be referred to --------------------------------

Please instruct my attorney or closing agency accordingly.

Ill. Coverage Amount

I understand that the Lender requires mortgage loan title insurance on the amount of theloan and that the Lender's policy does not provide Owner's coverage to protect my equity.

o I would like Owner's insurance coverage in the amount of the purchase price.

D I would like coverage only in the amount required by lender.

Buyer Signature Date

Buyer Signature Date

Current Mailing Address

Home Phone Number/W ork Phone Number

Closing .Attor'rrey (if known)

0112011



C O N T R A C T D A T A S H E E T

MLS# _

Comm. Split % With B-H Agent)(if c ha ng ed s in ce lis tin g)

LIS T ING A G ENT (S )

Internal Split ______ 0/0

(Or Company if not B-H)

Comm. SpLit % (With B-H Agent)

(if c ha ng ed s in ce lis tin g)

S ELLIN G A G E NT {S ) ______ 0/0

Internal Split

(Or Company if not B-H)

PROPER TY ADDRESS _

___________________________________ ZIP _

sUBDIvrSION _

SELLER(S)

BUYER(S)

SALUTATION: _

BUYER ADDRESS AFTER CLOSING:---------------

For Office Use Onlv

TOM Sold #; _

eTC: DYes 0No

DARES 0Agent Gen.

NHC: _

SALES PRICE $ _

ACCEPTANCE DATE _

CLOSING DATE __

o C o n t i n g e n t Sale- c hoos e o ne o f t he fo ll ow

o Back ups Requested

o Kick-out 0None

o C h e c k h e r e if t h is w a s a R e s e rv a t i o

COMM. DUEBH

( GROS S )

If Conunission Reduced Explain Why

%------

APPROVED BY _

EARNEST MONEY $ , _

(If held by B-H , who is holding) _

If contract calls for interest on

Earnest Money to be payable to

another party: SS#: _

Financing Type:

o Conventional OVAFHA

o Cash 0 Assumption

D. Owner Financing 0 Exchange

o Construction 0 J 03] Exchange

o SBA 0Other

"IF ANO THER COMPANY'S LISTING , CHECK PROPERTY TYPE AND M LS AREA **PROPERTY TYPE (CHECK ONE AND [NDICATE AREA)

oo

o o Lot o Acr.Res 0TIC MF

Commercial Lease

o oo rum . U n. C om m .

SOURCE OF PURCHASER (Check one)

0 Repeat Customer 0 Referral from Friend 0 Newspaper- H'ville 0 Dupont Registry

0 Friend 0 Referral from Customer/Client 0 Homes & Land- Asheville 0 Wall Street Journal

0 Relative 0 Referral from Relative 0 Homes & Land- H'ville 0 Referral - Relocation Dept

0 Open house 0 Company Reputation 0 Real Estate Weekly 0 Showing Time

0 Agent Direct Mail 0 Office Location 0 Real Estate Monthly 0 Direct Referral - Broker

0 Expired Listing 0 Sign 0 Internet 0 Sold By Another Company

"l FSBO 0 Referral from Manager 0 Radio/TV

j Agent Personal Purchase 0 Newspaper- Asheville 0 Yellow Pages

(Oller)



HOME WARRANTYWarranty Company I # ~~ _

Being paid by -

Ifrefused, waiver signed by.

SeUer, _

Seller. _

Buyer _

Buyer _

BUYER/MOVE PROFILE (If a Beverly-Hanks Buyer)

1. FIRST TIME HOME BUYER 0YES 0NO

2. NEW CONSTRUCTION o YES 0NO

3 . REASON FOR MOVE

o LOCAL MOVE

o BUSINESS TRANSFER

o RETIRING TO AREA/QUALITY OF LIFE DECISION

4. IF RELOCATlNG TO AREA, CITY/STATE MOVING FROM _

5. BUYERS APPROXIMATE AGE: 0 0-40 0 41-60 0 61 O R A BO VE

6. PURCHASED AS:

o PRlMARY RESIDENCE 0 SECOND HOMEN ACAnON 0 INVESTMENT

o LOTS/ACREAGE 0 COMMERCIAL USE

R ELO CA T IO N R EFER RA L INFO RMA nO N ( 3rd Par ty /Brok er )

No Fee Referral: 0

Referral Fee: ~ % Of Side (Listing/Selling) of Transaction

or $ _ (Flat Fee - approved by: -'

o Seller is a Referral

o Buyer is a Referral

Referral Agency:

Address:

Te1ephone#

CHECK LIST

o Offer to Purchase and Contract including all Addenda

o Buyer Agency Agreement

o Earnest Money check (if B-H is holding)

o Title Insurance Selection Form

PLEASE COMPLETE ALL REQUESTED INFORMATION

Agent Signature ~ Date Submitted _

OFFICE USE ONLY

Referral flagged in T.O.M

OYESNumber _

DNOAction:



CLOSING DATA SHEET(CTR# _

1 1 CommercialI!!!!!!!I A D iv is io n o f B ev e rl y- H an ks &Associa

Closing Date: _ Closing Time:

MLS# (If not in MLS, please indicate by "Not in MLS". J f not to be entered

until closing, please indicate by "To be entered at Closing".

PROPERTY ADDRESS:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ZJP _

SELLER(S) (Mr. & Mrs., Mr., Mrs., Ms.)

BUYER(S) (Mr. & Mrs., Mr., Mrs., Ms.)

Listing Agent'Firm _ Sales Agent'Firm. _

SALES PRICE $ ________ CLOSING ATTORNEY _

* If the commission amount, commission splits, or referral information has changed, please explain:

EARNEST MONEY (If held by BH)

Amount $ _ Make Payable To: _

(Closing Attorney's Company Name) ** COMMISSION PAID TO CO-BROKER BY A TTORNEY**

Are there bills associated with the property that were paid by Beverly-Hanks and need to be reimbursed to BH at closing?

Financing Type

o Cash

o FHA

D Conventional

D Fixed Rate

D Adjustable Rate

D Interest Rate (Include even if estimated)

D Term (years) _

D Exchange

D Other

D Loan Assumption/Existing

D Lender----------------------------

o Owner Financing

o VA

Agent Signature Date Submitted _

...or Accounting Use ONLY

Date Closed _

Closing STMT. ON FILE _

o $20.00 C.O. Charge

D $20.00 C.O. Exemptions

Payable To

DCTC



Documents

F. Contract Section Part 3