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except as same may be changed pursuant to Section 1 <br />(h) "Buver's Notice Address" shall be as follows: <br />BHAVESH MERCHANT, 5703 WHISPERWOOD DR, DURHAM. NC 27713__ <br />except as same may be changed pursuant to Section 12. <br />❑ (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and <br />incorporated herein by reference. (Note: under North Carolina law, real estate agents are not permitted to <br />draft conditions or contingencies to this Agreement,) <br />Section 2. Sale of Property and Paylneili of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the <br />Purchase Price. <br />Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), <br />leases. rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall he <br />prorated as of die date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's <br />obligations under this Agreement. excise tae (revenue stamps), any deferred or rollback taxes. and other conveyance fees or taxes <br />required by law, and the following: <br />Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cast of any inspections or investigations <br />undertaken by Buyer under this Agreement and the following: <br />Each party shall pay its own attorney's <br />Section 4. Deliveries: Seller agrees to use best etl'orts to deliver to Buyer as soon as reasonably possible after [lie Contract Date <br />copies of all information relating to the Property in possession of or available to Seiler, including but not limited to: title insurance <br />policies. surveys and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any <br />attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorneys file to Buyer <br />and both Buyer's and Seller's agents and attorneys: and (?) the Property's title insurer or its agent to release and disclose all materials <br />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. if Buyer does <br />not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to <br />Buyer puntutnt to this Section 4 (or Section 7, if applicable). if any. and shall, upon Seller's request, protide to Seller copies of (subject to <br />the ownership and copyright interests of the preparer thereof) any and all studies, reports. surveys and other infomhation relating directly <br />to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release of the Earnest <br />Money. copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. <br />Section 5. Evidence of Title: Seller agrees to conivy fee simple marketable and insurable title to the Property free and clear of all <br />liens, encumbrances and detects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (if applicable) and (c) <br />matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ("Permined <br />Exceptions''): provided that Seller shall be required to satisfy. at or prior to Closing, an} encumbrances that may be satisfied by the <br />payment of a fixed sum of money, such as deeds of trust. mortgages or statutory liens. Seller shall not enter into or record any <br />insirunieut that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written <br />consent of Buyer, which consent shall not be uhreascnably withheld, conditioned or delayed. <br />Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly <br />conditioned upon fulGlhnent (or waiver by Buyer, whether explicit or implied) of the following conditions: <br />(a) New Loan: The Buver must be able to obtain the loan. if any, referenced in Section I (b)(ii). Buyer must be able to obtain <br />a firnn commiunent for this loan oil or before _ _ effective through the date of Closing. <br />Buyer agrees to use its best efforts to secure such commitment and to advise Seller inrinediately upon receipt of lender's decision. On <br />Buyer Initials <br />V Nai Assoctauon I urns No. 13 4. 2000 <br />Seller Initials <br />Page 3 of 7 <br />This Standard Form has bcai approvLd jointly by the <br />\onh Carolina Bar Asatctation - NC Bur Form No. 13 <br />Minh Carolina Association W RFAL TORS". Inc - Standard Tann No. 590-T <br />060 <br />