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Agenda 04-02-2019 6-b - Approval to Acquire Property at 509 Central Avenue, Hillsborough
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Agenda 04-02-2019 6-b - Approval to Acquire Property at 509 Central Avenue, Hillsborough
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3/29/2019 9:10:43 AM
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BOCC
Date
4/2/2019
Meeting Type
Regular Meeting
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Agenda
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6-b
Document Relationships
2019-213-E Housing - Kennon Craver Central Avenue closing
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2019
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2019
2019-248-E Housing - Kennon Craver legal services for 509 Central Ave
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Agenda - 04-02-2019 Regular Board Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 04-02-19 Regular Meeting
Minutes 03-12-2019 Work Session
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\Board of County Commissioners\Minutes - Approved\2010's\2019
Minutes 04-02-2019 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
RES-2019-020 Resolution authorizing the acquisition of Property at 509 Central Avenue, Hillsborough
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\Board of County Commissioners\Resolutions\2010-2019\2019
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16 <br /> NOTE: See WARNING in paragraph 4 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's <br /> continued investigation of the Property following the expiration of the Due Diligence Period. <br /> (d)Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property <br /> which is not a part of the purchase and all garbage and debris from the Property. <br /> (e)Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) <br /> in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or <br /> furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who <br /> may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has <br /> 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 <br /> claim arising therefrom. <br /> (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have <br /> designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. <br /> All deeds of trust, deferred ad valorem taxes,liens and other charges against the Property,not assumed by Buyer,must be paid and <br /> satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain <br /> obligated to obtain any such cancellations following Closing. <br /> (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable <br /> form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' <br /> liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate <br /> survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements <br /> and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, <br /> encumbrances or defects as may be assumed or specifically approved by Buyer in writing.The Property must have legal access to a <br /> public right of way. <br /> NOTE: Buyer's failure to conduct a survey or examine title of the Property, prior to the expiration of the Due Diligence Period <br /> does not relieve the Seller of their obligation to deliver good title under this paragraph. <br /> NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum <br /> (Standard Form 2A14-T)as an addendum to this Contract. <br /> (h) Deed, Taxes and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's <br /> obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local <br /> conveyance fees . required by law. The deed is to be made to: <br /> (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ toward any of Buyer's <br /> expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHA/VA <br /> lender and inspection costs that Buyer is not permitted to pay. <br /> NOTE:Parties should review the FHANA Addendum prior to entering an amount in Paragraph 8(i).Certain FHANA lender and <br /> inspection costs CANNOT be paid by Buyer at Settlement and the amount of these should be included in the blank above. <br /> 0) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account payment <br /> information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association <br /> and/or a management company as agent of the owners' association in connection with the transaction contemplated by this <br /> Contract other than those fees required to be paid by Buyer under paragraph 6(b) above; and (iii) fees incurred by Seller in <br /> completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a <br /> proposed sale of the Property. <br /> (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, <br /> whether payable in a lump sum or future installments,provided that the amount thereof can be reasonably determined or estimated. <br /> The payment of such estimated amount shall be the final payment between the Parties. <br /> (1)Late Listing Penalties:All property tax late listing penalties,if any,shall be paid by Seller. <br /> (m)Negotiated Repairs/Improvements: Negotiated repairs/improvements shall be made in a good and workmanlike manner and <br /> Page 9 of 16 <br /> STANDARD FORM 2-T <br /> Buyer's Initials Seller's Initials Revised 7/2018 <br /> ©7/2018 <br /> i <br />
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