Orange County NC Website
//~ <br />maximum of ten (10) days from the Closing Date, or any extension of the Closing Date agreed-upon in writing, in which to close <br />without payment of interest. Following expiration of the ten-day period, the party not ready to close shall be responsible for paying <br />to the other party (if ready, willing and able to close) interest on the purchase price at the rate of eight percent (8%) per <br />annum accruing from the end of the ten-day period until closing occurs or the contract is terminated. Should the delay in <br />closing continue for more than thirty (30) days from the last agreed upon extension of the Closing Date, however, then the <br />non-delaying party shall have the unilateral right to terminate the contract and receive the earnest money, but the right to such <br />receipt shall not affect any other remedies available to the non-delaying party for such breach. <br />CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN TTS THEN EXISTING CONDITION UNLESS <br />PROVISION LS OTHERWISE MADE IN WRITING. <br />12. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree <br />removal or other such activities maybe done before possession is delivered. S eller shall remove, by the date possession is made <br />available to the Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. <br />13. PROPERTY INSPECTION/INVF.STIGATION (Choose ONLY ONE of the following Alternatives): <br />^ ALTERNATIVE L• <br />(a) Soil, Water, Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(s) that (i) the soil <br />is suitable for Buyer's Intended Use, (ii) utilities and water aze available to the Property, (iii) there is no environmental contamination, <br />law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts <br />or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. <br />Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and <br />the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by <br />n/a that this condition cannot be satisfied, TI1I~BEINGOF THEESSENCE <br />fib) Sewer System (check only ONE ): <br />^^ Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as <br />Exhibit A and hereby approves and accepts said Improvement P ermit. <br />^ Seller represents that the systemhas been installed, which representation survives Closing, but makes no further representations as to <br />the system Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of <br />inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system If the system is not performing the <br />function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be <br />refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by n/a that <br />this condition cannot be satisfied, TI1I~BEINGOFTHEESSENCE <br />^ This contract is contingent upon ^ Buyer ^ Seller ("Responsible Party") obtaining an Improvement Permit or written evaluation <br />from the County Health Department ("County") fora (check only ONE) ^ conventional or ^ other n/a <br />ground absorption sewage system fora n/a bedroom home. All costs and expenses of obtaining such Permit or written evaluation <br />shall be borne by Responsible Party unless otherwise agreed. In any event Seller, by no later than n/ a ,shall <br />be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Responsible Party <br />shall use best efforts to obtain such Permit or written evaluation. If the Improvement Permit or written evaluation from the County cannot <br />be obtained by n/a (date), either party may terminate this Contract and the Eanest Money Deposit shall be <br />refunded to Buyer. <br />^ Buyer has investigated and approved the availability, costs and expenses to connect to a ^ public or ^ community sewer system <br />(c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION <br />UNLESS PROVISION IS OTHERWISE MADE IN WRITING. <br />® ALTERNATIVE 2: This Alternative applies ONLY ifAlternative 2 is checked AND Buyer has paid the Option Fee.) <br />(a) Property Investigation with Option to Terminate: In consideration of the sum set forth in pazagraph 2(c) paid by Buyer to Seller <br />(not Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option Fee"), Buyer shall <br />have the right to terminate this contract for any reason or no reason, whether related to the physical condition of the Property or otherwise, <br />by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.m on scaly 10 , 2 0 0 ~ 7~1E <br />BEING OF THE ESSENCE (the "Option Termination Date"). At any time prior to Closing, Buyer shall have the right to inspect the <br />Property at Buyer's expense (Buyer is advised to have all inspections of the Property, including but not limited to those <br />matters set forth in Alternative 1, performed prior to the Option Termination Date). <br />(b) Exercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, 7TMEBEING OF THE <br />ESSENCE, this contract shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; <br />however, the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller <br />prior to the Option Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as <br />of the Option Termination Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraphs 3, <br />4 or 5 above. The Option Fee is not refundable, is not part of any earnest monies, and will be credited to the purchase price at Closing. <br />(c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION <br />UNLESS PROVISION IS OTHERWISE MADE IN WRITING. <br />This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. <br />PREPARED BY: Stepney edwards, broker <br />STANDARD FORM 12-T Revised 1/2008 ©1/2008 <br />~eaIFA$T®Software, ©n2008+,ppVersion 6.17 Beta. Software Registered to: Office Manager, Exit Realty Southpoint ~JJ / [~ e4~f <br />3inrar initials ~~ RJI, fX 05/21/08 14:24:04 ceue.:.,;+:.,i~ , ~:9// r f ~l ~ ~(/ ag 7//l7 <br />