Orange County NC Website
OI'ri:R TO PURCIiASG AND CONTRACT 2 a <br />Orange County, North Carolina ,asBttyer, <br />hereby offers to purchase and _ E.H. Keene y an wi e, Eva F Kenney , as Setter, <br />upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located <br />Thereon and such fixtures and personal property as are listed below (collectively referred to as "the Property"), upon the following terms and <br />conditions: Township <br />I. REAI, PROPERTY: Located in the ~ of Cedar Grove ,County of <br />Orange ,State of North Carolina, being known as and more particularly described as: <br />Street Address Zip <br />Legal Description: see i i a tat e ereto <br />(^ All ^ A portion of the property in Deed Reference: Book ,Page No. County.) <br />NOTE: Prior to signing the Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the <br />Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations, and other governing <br />documents of the owners' association and/or the subdivision, if applicable. - <br />2. FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans, <br />attached Floor coverings, blinds and shades including window hardware, window and door screens, storm windows, combination doors, awnings, <br />antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, <br />fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage <br />sheds, mailboxes, wall and/or door mirrors, and any items attached or affixed to the Property, EXCEPT the following items: <br />3. PERSONAL PROPERTY: The following personal property is included in the purchase price: <br />J. PURCHASE PRICE: The purchase price is ~ t 0.0 and shall be paid as follows: <br />(a) $ ,EARNEST MONEY DEPOSIT by ^ cash ^ personal check ^ bank check ^ certified check ^ other <br />to be deposited and held in escrow by as <br />escrow agent, until the sale is closed, at which time it will he credited to Buyer, or until this contract is otherwise terminated. In the event (I) this offer <br />is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall he returned to Buyer. In the event of breach uF this <br />contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available <br />to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's <br />request, bw receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. <br />NOTE: In the event of a dispute between Seller and Buyer aver the return or forfeiture of earnest money held in escrow by a broker, the broker is <br />required by state law to retain said earnest money in the bmker's trust or escrow account until a written release from the parties consenting to its <br />disposition has been obtained or until disbursement is ordered by a rnurt of competent jurisdiction. - <br />(b) $ , ADDITTONAL EARNEST MONEY DEPOSIT to be paid to escrow agent no later than <br />(~) $ , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan (s) <br />secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. <br />(d) $ , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. <br />(e) $ 110,000.00 ,BALANCE of the purchase price in cash at closing. <br />5. CONDI'f10NS: (State N/A in each blank that is not a condition to this cantrnct.) <br />(a) The Buyer must he able to obtain a loan commitment un or before ,effective through the date of closing, for a <br />^ FIIA ^ VA (attach FFIANA Financing Addendum) ^ Conventional ^ Other loan at a <br />^ Fixed Rate ^ Adjustable Rate ^ Other: in the principal amount of <br />for a term of year(s), at an interest rate not to exceed % per annum, with <br />mortgage loan discount points not to exceed % of the loan amount. Buyer agrees to use his best efforts to secure such commitment. Brryer <br />shall be responsible for all costs with respect to any loan obtained by Duyer, except if Seller is to pay any of the Buyer's loan closing costs including <br />discount paints, those costs are as follows: <br />In the event Buyer fails to pmvirle Seller with written evidence of the loan commitment within five days after receipt of a written request from Seller <br />(but such request may not be made before the loan commitmem date listed above), Then Seller may terminate this contract unless Buyer waives the <br />loam commitment condition. <br />(h) There must be no restriction, easement, Tuning or other governmental regulation that would prevent the reasonable use of the read property far <br />purposes. <br />(c) The Property must be in substantially the same or better condition at closing as on the date of this offer, reasonable wear and tear excepted. <br />(d) All deeds of tntst, liens and other charges against the Property, not assumed by Buyer, must be paidmnd satisfied by Seller prior to or at closing <br />such that cancellation may be promptly obtained following closing. Seller shall remain obligated to obtain any such cancellations following closing. <br />fe) Title must he delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable title, froe <br />of all encumbrances except: ad valorem taxes for the current year (pmmted through the date of closing); utility easements and unviolated restrictive <br />rnvenants that do not materially affect the value of the Property; and such otherencumhrances as may be assumed or specifically approved by Buyer. <br />The Property must have legal access to a public right of way. <br />6. SPECIAL ASSESSMF,NTS: Seller warrants that there are no governmental special assessments, either pending or confirmed, for sidewalk, <br />paving, water, sewer, or other improvements on or adjoining the Property, and no owners' association special assessments, except as follows: <br />f Insert "None" or the identification of such assessments, if any.) Seller shall pay all confirmed owners' asscx:iation assessments and all continned <br />governmemal assessments, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follmvs: <br />7. PROBATIONS AND ADJUSTMF,NTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the ponies <br />or paid at closing: (a) Ad valorem taxes nn real property shall be prorated nn a calendar year basis through the date of closing; (b) Ad valorem taxes <br />nn personal property for the entire year shall he paid by the Seller unless the personal property is conveyed to the Brryer, in which case, the personal <br />property taxes shall be prorated nn a calendar year basis Through the date of closing. (c) All late listing penalties, if any, shall be paid by' Seller. (d) <br />Remy, if any, for the Property shall be prorated through the date of closing. (e) Owners' association dues, and other like charges shall be prorated <br />dlnmgh the date of closing. Seller represents that the regular owners' association duex, if aoy, are $ per <br />tS. CLOSING I?XI'F.NSI:S: Scllcr shall pay fur prcpanuiun of a decd and all other docunlenls necessary la perform Sealer's ohlig;uions undrr this <br />agreement, and for excise tax (revenue stamps) required by law. Buyer shall pay for recording the deed and tar preparation and recording of all <br />instruments required to secure the balance of the purchase price unpaid at closing. <br />9. FUEL: Buyer agrees la purchase from Seller the fuel, if any, situated in any tank nn the Property at the prevailing rate with the cost of measurement <br />tllereaf, if any, being paid by Seller. <br />I(1. EV IDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the acceptance of this after, <br />copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions nn title, <br />surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. <br />I I. LAIDOR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing <br />That all labor and materials, if any, furnished to the Property within 120 days prior to the date of closing have been paid for and agreeing to indemnify <br />Buyer against all loss from any cause or claim arising therefrom. <br />NC Bar Association Form No. 2, ©~ 996. This Standard Form has been apOroveA jointly by the: <br />PrinteA by Agreement with the NC Bar Association - 1981 NORTH CAROLINA BAR ASSOCIATION - NC Bar Form No. 2 <br />~•~,in.,,.. v r., i,,,. n,,. t~~ varlM inv llP Mr' ~7n55 NORTH CAROLINA ASSOCIATION OF REALTORSO" ,INC. -StanAarA form No ? <br />