I I
Table of Contents: 7951 Dorchester Rd. N. Charleston
1. Terms & ConditionslBid Registration
2. Information Sheet
3. Plat
4. Building Footprint Sketch
5. Subject Property Info
6. County Tax Info
7. Deed
8. Zoning Info
9. Real Estate Purchase Agreement
10.Broker Participation Terms/Agreement
I1.BidderlBroker Registration Form
12.SC Real Estate Agency Disclosure Brochure
Page
2-5
6
7
8
9-13
14-18
19-23
24-28
29-32
33
34
35-36
Harper Auction & Rea,tyMichael B. Harper AuctioneerlBrokerin-Charge
TERMS AND CONDITIONS Pi SALE
This Addendum to the Real Estate Purchase Agreement hereby~clarifies and restates importantterms and conditions of the transaction and supplements the Rtrl r-;state Purchase Agreement. Thisaddendum and the Real Estate Purchase Agreement are superseded and controlled by the termsand conditions of the transaction as announced immediately IPrfceding the conduct of business.This addendum is hereby incorporated as a part of such annourements.
The terms "buyer" and "bidder" shall be used interchangearlY herein and shall have the samemeaning as if both were used.
Each bidder acknowledges receipt of a copy of this addendum and agrees that all bids are madebased upon the terms and conditions herein reflected. I
1. Absolute Auction: The Property will be sold to the highes~ bidder at auction regardless of price,without reserve, a requirement of a minimum bid or withoJt co.mpeting bids. The seller certifiesbona fide intent to transfer ownership of the Property to th'"'lhighest bidder regardless of theamount of the highest bid and without reliance on any Agre1emFntthat a particular bid or bid levelwill be attained in order to transfer the Property. Seller is legally able and competent to transferthe property. The seller reserves the right to accept or reject an~ offer prior to auction day. TheSELLER reserves the right to accept or reject any offer pridr t6 auction day. SELLER certifiesthat the SELLER or anyone acting on the Seller's behalf w~n 1bt bid or otherwise participate inthe bidding process at the auction. I
2. Disclaimer: All information furnished prior to the sale was obtained from sources believed to beaccurate and reliable. The buyer is responsible for doing h~s own due diligence investigationincluding inspecting or examining the Property prior to auFtidn. All square footage, dimensionsand boundaries mentioned or published are estimates onl~ add should be verified by the buyer.Failure of the buyer to inspect the Property prior to the sJle will not constitute grounds foradjustment or rescission of the sale or withdrawal of any Ibid, offer or deposit. The Property issold "as is" and "where is" without warranty of any kind e~fr~ssed or implied. Neither the Sellernor the AuctioneerlBroker make any guarantee or warran~ ex~ressed or implied as the quality orcondition, size or fitness for any use or purpose. Bidder ca~ot adjust or rescind the sale basedupon failure of the Property to conform to any represeptaiion expressed or implied. Bidderacknowledges having inspected the Property offered and i~ sdtisfied with the condition of same.Bidder accepts that this Property is offered for sale in its currerit state with all flaws and detects.
3. Property Inspection: Owner and AuctioneerlBroker encJur~ge potential buyers to arrange fortheir inspector to complete any desired inspection prior td sale day. The Real Estate PurchaseAgreement is without contingencies and does not provide fJr alpost-contract inspection.
4. Agency: Potential buyers are hereby informed and referrFd ~o the South Carolina Real EstateCommission regulations regarding the types of Agency practiced in South Carolina. HarperAuction & Realty is the seller's agent only. Bidder understands that Harper Auction & Realtydoes not represent buyers as a client or customer. If youl wi~h to obtain buyers representationprior to the sale, the buyer's agent must register prior to the s~le to obtain a cooperating agent'sfee in this transaction.
Page 1 of 4
Initials
5. Real Estate Purchase Agreement: The Real Estate Purcliase Agreement required to be used inthis transaction will be made available to all potential bry~rs prior the auction. All potentialbuyers are highly encouraged to have the contract reviewed fuyan attorney prior to the auction.The successful bidder will execute the Real Estate Purthake Agreement in its current formimmediately upon acceptance of the highest bid. A back-up Rtal Estate Purchase Agreement willbe offered to the under-bidder at their highest bid price at tHe option of the Seller.
6. Buyer's Premium: A ten percent (10%) Buyer's Premiuk will be added to the highest bid todetermine the Total Contract Price for the sale. Example: Ift
1bhigh bid is $100,000, the contract
price with buyer's premium is $110,000. The BuyJr's Premium is a portion of theAuctioneerlBroker's Commission. I
7. Title to be delivered: Seller shall convey the Property tf transferable and recordable generalwarranty deed subject to any and all easements, restrictions, I right-of-ways, encroachments andmatters of public record not adversely affecting marketability of title. Title to the Property shallbe transferred free and. clear of any and all liens, attachmel~S' ['llegal tenancies and encumbrancesexcept as stated herein.
8. Closing: Closing will occur per the terms of the Real Es~te Purchase Agreement on or beforeDecember 9,2016. The Closing Attorney for this transaction rill be Gary Pickren of Blair CatoPickren & Casterline LLC, Columbia, Sc. The closing date may be extend solely in the discretionof the Seller. I
9. Closing Costs: Closing costs, including but not limited to, attorney's fees, deed preparation, deedstamps, survey fees, and title insurance premiums are to be paiH by the buyer.
10. Financing: This is a cash sale. The closing is not continge~t on fmancing or appraisal. Anyfinancing arrangements should be made prior to bidding. Financing arrangements must bedisclosed to the AuctioneerlBroker before bidding on the ptoperty.
11. Taxes: Real Estate taxes will be pro-rated on the date of closm'g. All prorations are final as of theClosing Date. Rollback taxes, if applicable, will be paid by thelSeIler.
12. Possession: Possession shall be delivered at Closing.13. Registration: Bidders can register any time prior to the sale. In order to bid in this auction bidder
must deposit $10,000.00 in Certified Funds with the AuctidneerlBroker. This deposit will be helduntil the fmal bid is accepted. If you are the successful biddet~ this deposit will be retained as anAuction Deposit (See paragraph 16). If you are not the Jud:essful bidder, the deposit will bereturned to you in person or by overnight mail if you are npt ~resent at the sale site. Registrantsshall provide name, address and government issued photo ID hpon registration. The bidder mustread and sign the Terms and Conditions of Sale. Upon rJqu~st of Seller or Auctioneer, biddermust be able to demonstrate source of the balance of the pJrcHase price as well as proof of fundsto make the required 20% down payment within 24 hourt I he Auctioneer/Broker retains thesole and exclusive right to exclude any party for failure to comply with the registrationrequirements. All decisions of the AuctioneerlBroker relating to the qualifications of the bidderare final. I
14. Cooperating Buyer's Agent Participation: Qualified Buyer's Agents who register for theauction at least 48 hours prior to the auction may qualify Ifor a cooperating agent commission,assuming their buyer/client is the high bidder and successful buyer. A commission of2.0% of the"Hammer Price" will be paid to a properly qualified and registered real estate broker.Commission will be paid only at closing. Oral registration is not allowed. (See Qualified BrokerParticipation Terms Form for details).
15. Auction Deposit: Buyer will be required to deposit $10,000 in Certified Funds immediately uponacceptance of the highest bid. This deposit will be held in an interest bearing Escrow Account ofHarper Auction & Realty. The bidder expressly relinquishes ownership to any accrued interest
Page 2 of4
Initials
earned on the deposit and down-payment to AuctioneerlBrpkejr. The deposit is non-refundable incase of default or breach of contract on the part of the buyer In the event the property fails toclose due to no fault of the buyer, the deposit will be returned to the buyer.
16. Down Payment (Deposit): The Real Estate Purchase Agr~emfnt will require the buyer to furtherdeposit an amount in Certified Funds equaling 20% of the Total Contract Price within 24 hours ofexecution of the contract. The $10,000 Auction Deposi ,ill be applied to the 20% DownPayment (Deposit). The Down Payment (Deposit) is non-rEIfundable in case of default or breachof contract on the part of the buyer. In the event the prope Ifails to close due to no fault of thebuyer, the full deposit will be returned to the buyer. All e~osits and down-payments must bepaid in cash, Certified Check or Cashier's Check. All cbJcks must be made payable to HarperAuction & Realty. I I
17. Announcements: All announcements made by the AuctiOljleef on Sale Day will take precedenceover all printed matter and all other oral statements previouslylmade. Bidding and conduct of thesale is at the discretion of the Auctioneer. The Auctioneer Iwill settle all disputes and will makesole, absolute and final decision on all sale matters. Other thaf Seller confirmation of sale if any,all decisions are those of the Auctioneer. The Auctioneer ~ Isres the right to reject any bid andto cancel the sale before opening the sale for bids.
18. On-Line Bidding: This is an on-site Auction with on-line spmIlcast and pre-bidding option.Bidding will be allowed from the opening of the on-line biddmlf until bidding ends at (or after)11:00 AM on November 8, 2016. See the Auction web pagb for complete details and instructionsfor on-line bidding. I I
19. Modification of Terms: Auctioneer reserves the right to Ichange, modify or cancel any and allterms and conditions or conduct of the sale at any time as necessary to represent the Seller'sinterest.
20. Right to Expel: The Seller and Harper Auction & Realty reserves the right to refuse admittanceor to expel anyone from the auction for any reason, in9ludFg interference with the auction,creating a nuisance, canvassing, soliciting or for any other I eason necessary in the sole judgmentof Auction Firm.
21. Bid Rigging and Sherman Antitrust Violations: The Aiion Firm will refer and/or prosecuteto the fullest extent of the law any efforts on the parts of i~ders or bidder's agents to collude,suppress, combine, conspire to or otherwise interfere with ~Ifree bidding of any and all parties.Any agreement to suppress free bidding is an infringemenf uPlon free trade under these laws andwill not be tolerated. Bid rigging or collusion among bfyers at an auction sale is a felonypunishable by civil fines and/or criminal prosecution and i1IfPriFonment.
22. Non-Discrimination: All bidding is open to the public ant the properties are offered for sale toqualified buyers without regard to the prospective buyer's raFe, sex, color, religion or nationalorigin. Harper Auction & Realty will not accept or allo I any discrimination in any form ormanner and may expel from the auction in such a manner.
Page 3 of4
Initials
I have fully read and understand these Terms and Conditions of Sale and agree to bebound by these conditions if I participate in this Auction. A. cbpy of these Terms andConditions of Sale has been given to me at registration.
I have reviewed the sample Real Estate Purchase Agreement and have been afforded theopportunity to consult an attorney of my chosen to revi~wlthe Terms and Conditions ofSale and Real Estate Purchase Agreement. If I have not hJd the documents reviewed by myattorney, I hereby forever waive an attorney's approval.
I understand that Harper Auction & Realty represents the Seller only at this Auction and Ihave read the pamphlet "SC Agency Disclosure Brochure'~
WitnessDate
Bidder Name Bidder StgJature
City, State, ZipAddress
Drivers License Number Phone
How did ~o~ learn of this Auction?
I would like to be added to your Auction notification list _f-yes no
Bidder Number I
E-mail address
Scan and E-Mail to: ~ ike(a)harperauctionandrealtv.c( mOr
Fax to: 1-888-844-1037 (Toll Free)
Page 4 of4
Initials
II
ABSOLUTE AU~~ION7951 Dorchester Rd., N Charleston S Office Building
Tax Map Number 181-07-03-002.1- 0.8 Acres Dorchester Rd 1t Parkshire Way
7120 sf flexible Office Space w 14 Offices, Classroom, Kitchen1Breakroom and 4 Restrooms
43 Parking Spaces, County Water/Sewer, 2 brand new and 4 newer heat pump units
Accessible from both Dorchester Rd (North or South) with ac+ss from signaled Intersection of
Dorchester Rd and Archdale Blvd via Parkshire Way - Great Visibility/Frontage and Easy Access!
Zoned CN (Neighborhood Commercial District) located in busy Dorchester Rd Corridor (Traffic
Count 34,000) near the Robert Bosch plant, Charleston Airforae Base, Charleston International
Airport with Boeing and related businesses, and the palmettolcommerce Parkway
Mercedes-Benz and Volvo manufacturing facilities will be locrted nearby
Great for Medical Offices, Retail, Professional/Admin Offices, Restaurant, Private School etc.
Extremely Attractive building in a very busy and growing area Ff North Charleston
New Neighborhood Walmart Center being developed within Yz mile of property
Vacant and ready to occupy immediately I I2015 Real Estate Tax Value: $1,070,250 - Buy-It-Now and stop the Auction: $675,000
WILL SELLat Auction to the highest bidder without Reserve 01 Minimum bid!
Preview Dates: Monday October 24 and Thursday Novemb1er :3 from 11:00 AM to 1:00 PM
On-Site Auction with On-Line Simulcast Bidding available Tuesbay November 8 @ 11:00 AM
10% Buyer's Premium - $10,000 Bidder Registration Deposit
20% of contract price deposit within 24 hours
30-day cash closing (no post Auction contingencies)
••••
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hAHARPERAUCTl 0 N&. R.EALTY
ww\v.AuctionMvReaIEsta e NET
or call Mike Harper at 843-729-4996 (SCAL 3728)(NCAL 8286)
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PAGE 54
1<:0,85
W&/\ FILE No.:C14-06a (7951 DORCHESTER ROAD, N. CHARLESTON, SC)
WINGARD AND ASSOCIATES, iNC.
IDENTIFICATION OF SUBJECT PR PERTY
The subject property is identified as a one story, brick veneer
exterior professional office building located at 7951 Dorchester
Road, North Charleston, Dorchester County, South Carolina
29418. More specifically, the subject property is located at the Isouthwest corner of the intersection of Dorchester Road(South
Carolina Highway 642) and Parkshire Way in the North
Charleston area of Dorchester County. This area of North
Charleston is proximate to and just northwest of the Charleston
County line and west of Interstate 26 and the Charleston
International Airport and Air Force Base.
Subject Property
The one story, brick veneer exterior professional office building was constructed in 1987 and totals 7,120
square feet. The building is located on a site that totals 0.80 acre r 34,848 square feet, representative
of a land to building ratio of 4.89:1 and a floor area ratio(FAR) of 020. At the present time, the subject
property is tenanted by the Girl Scouts of Eastern South Carolin and the second lease amendment
indicates the prior lease was extended for a six-month periOd(jctuallY extends for seven months)
commencing on March 1st. 2014 and scheduled for termination on eptember 30th, 2014. The tenant is
presently paying $10.4 7/SF of gross building area based on a net leasing scenario. However, the Girl
Scouts of Eastern South Carolina, Inc. have indicated they will not emain in the subject building and will
vacate the premises at the expiration of the present second lease
More specific details will be provided relative to the subject propert in both the Site Description and the
Description of Improvement sections of this Appraisal Report.
The Dorchester County Assessor's Office identifies the subject property as Tax Map Sheet 181-07-03-
002.000. It is legally described on the following page:
W&A FILE No.·C14·0Ga (7951 DORCHESTER ROAD, N CH;,RLESTOt,!, SC)
---~~ --1.>--+----" --, -- ..- ----.- - ~PAGE "10
NEIGHBORHOOD ANAL YSI·
II
A neighborhood is a separately identifiable, cohesive area within a c mmunity with some interests typically
shared by the occupants. Most neighborhoods have recognizablelra ural or man-made boundaries. While
physical boundaries are stipulated in order to define the neighbor~o d, they are often less significant than
other boundaries of influence. Neighborhood may be further defined as a grouping of complimentary uses
affected in a similar manner by social, economic, governmental an lor environmental factors.
The subject property is located in the North Charleston area of orchester County on the south side
of Dorchester Road at its intersection with Parkshire Way. More specifically, the subject property is
located proximate to the boundary area of Charleston County Ifi1 Dorchester County in this area of
North Charleston, just southeast of Summerville. The gehe~1 area reflects a wide variety of
commercial and residential uses. On both the north and south ides of Dorchester Road are varied
commercial properties. Across Dorchester Road from the subject property is the Dorchester Industrial
Park which is a collection of officelwarehouse facilities. Directly across the street is a RV and Truck
Service and Collision facility and further to the southeast of th1 subject property is a boat dealer,
garage, a single family development, restaurant, automobile repa r facility and a church. The newest
development in proximity to the subject property is a recently comp eted Family Dollar facility.
On the same side of Dorchester Road as the subject property to t e southeast is the Archdale Landing
single family residential development and Waverly Apartments.
Further to the southeast, on the same side of Dorchester Road, i
the Park at Rivers Edge and a Baptist church.
Parkshire Way loops to the rear of the subject property an
intersects to the northwest with Archdale Boulevard. In this genera
area of the subject are several medically related facilities to includ
the Archdale Family Dentistry building, Travel Management Offic
Building and a large dialysis clinic located to the northwest of th I
subject property at the intersection of Archdale Boulevard an I
Dorchester Road.
The general area of the subject property, relative to both
Dorchester and Charleston Counties, is just west of Charlesto
International Airport and Air Force Base and also west of Interstat
26. Linkage provided by Interstate 26 is via Ashley Phosphat
\tV8,A FILE Nr.' :CH-06a 17951 DORCHESTER ROF.D.I'J. CHARLEsro"i. SC)
Travel Management Office
Dialysis Clinic
PAGE 40
.+ .
Road to the north with the intersection of Ashley Phosphate Roa and Dorchester Road located just
northwest of the subject property.
According to the STDB.online, the population within a three TIil radius of the subject in 2013 was
39,513 with an estimate for 2018 at 42,826 or an increase of 1.62Qo. During this same time frame, the
number of households is estimated to increase at a rate of 1.70%, going from 14,839 to 16,141. Other
demographic data for 1, 3 and 5 mile radii are included on the following pages.
The neighborhood is considered stable as it is anticipated it will co~tinue to remain so as a result of the
proximity to both Interstate 26 and the Charleston Internationallti1port and Air Force Base. There are
vacant sites available for subsequent developmental usage althOigh it appears the only recent new
development which has occurred is a new Family Dollar retail s me located to the southeast of the
subject property.
---~- ..----------
W&A FILE No.:C14-06a (7951 DORCHESTER ROAD, N, CHARLESTON, SC) PAGE 41
II
SITE DESCRIPTION
The subject site totals 0.80 acre or the equivalent of 34,848 square feet as indicated on a plat obtained
from the Dorchester County Register of Deeds and completed by 1h ,mas W. Bailey on January 30th, 1987.
The following site description is based on the physical inspection au mented by the available survey/plat.
SIZE AND SHAPE
The subject site is rectangularly shaped as indicated on the ~I t provided at the conclusion of this
description. The site comprises a total of 0.80 acre or 34,848 square feet.
ROAD FRONTAGE/AcCEssNISIBILITY
The subject site is accessed by two curb cuts from Parkshire Way which extends along the eastern
boundary area of the site. There is no direct access to the subject +e from Dorchester Road. However,
the subject site does extend along Dorchester Road for a distance 0 200.0 linear feet and maintains good
exposure and visibility from this heavily traveled thoroughfare. The subject site extends along Parkshire
Way for a distance of 175.0 linear feet. Visibility and exposure are good from both thoroughfares with
access only provided from Parkshire Way.
TOPOGRAPHy/DRAINAGE
The site is level and at road grade with Parkshire Way but slightly be ow road grade with Dorchester Road.
Additionally, a drainage depression extends along a portion of t~e rontage extending along Dorchester
Road. Natural drainage appears adequate at this time and in the event deleterious effects result from
inadequate drainage, the appraiser reserves the right to revisit the aluation.
UTILITIES
All utilities are available to service the subject site inclusive of rnunicipal water, sewer, telephone and gas.
There appears to be no shortage of utilities in the subject area.
EASEMENTS/ENCROACHMENTS
The available plat for the subject property did not indicate any negative encroachments affecting the
property. There are no known utility easements which negatively ~ffect the subject property and in the
event utility easements are on or near the site, they are considered ecessary to provide services to both
the subject site and the existing improvements.
W&A FILE No.:C14-06a (7951 DORCHESTER ROAD, N. CHARLESTON. sc: PAGE 48
FIRM (FLOOD INSURANCE RATE MAP)
According to the Flood Insurance Rate Map(FIRM) prepared byi t e Federal Emergency Management
Agency, identified as Community Panel Number 4500680330-C, eff; ctive date April 15th, 1994, it appears
the subject site is contained in a special flood hazard area, not unrmmon for many areas of the North
Charleston/Charleston areas. A portion of this applicable FIRM is provided at the conclusion of this section
with the approximate location of the subject site.
HAZARDOUS WASTE
II
No environmental studies were furnished to the appraiser. The a I praiser is not aware of any existing
hazardous waste, environmental hazard, endangered species or jny contamination on the subject site
area. No prior use of the subject property would suggest the existe ce of such hazardous contaminants
or pollutants. The appraisal and subsequent appraised values are crntingent there are no environmental
hazards, hazardous waste, contamination, hazardous materials, OJ endangered species on the subject
property. If such conditions are found to exist, the value conclusioms may be affected.
SOIL
A report of sub-surface soil conditions was not available. The sUbje,t site is presently improved with a one
story professional office building which has been on the site since 1987. There appears to be no evidence
of negative effects due to inadequate soil composition.
WETLANDS
A wetlands survey was not completed and there was no indication f any jurisdictional wetlands located
on the 0.80 acre site.
SUMMARY
In summary, the subject site is configured to accommodate the existing one story professional office
building.
W&A FILE NO.:C14·06a (7951 DORCHESTER ROAD, N. CHARLESTON, SC) PAGE 49
912412016
~.LOCATIONProperty Address
Subdivision
County
PROPERTY SUMMARYProperty Type
Land Use
Improvement Type
Square Feet
ICRS Data - Property Report for ParceifTax 10 1 1-07-03-002
7951 Dorchester RdNorth Charleston, SC 29418-2912
Archdale
Dorchester County, SC
Commercial
Commercial
Commercial
7135
Parcel IDlTax 10
GENERAL PARCEL INFORMATION181-07 -03-002
Alternate Parcel ID
Account Number
OistrictlWard
2010 Census TrctlBlk
Assessor Roll Year
R0059732
203
108.20/2
2015
Dale Amount
SALES HISTORY THROUGH 08/2912016Buyer/Owners
6113/2013
i0/26/2007
6/29/1990
$10
$10
TAX ASSESSMENT
Appraisal
Appraisal Year
Appraised Land
Appraised Improvements
Total Tax Appraisal
Assessment Rate
TAXESTax Year
2015
2014
2012
MORTGAGE HISTORYDate Loan Amount
0312212012 150,000
0610612008 300,000
Harvin David M Et AI
Harvin David M Et AI
South Carolina National Ba
Amount
2015
City Taxes
Borrower
Harvin David MGill Leonie Harvin
Harvin David MGill Leonie Harvin
PROPERTY CHARACTERISTICS: BUILDING
CURRENT OWNERName
Mailing Address
Buyer/Owners 2
Assessment Amount
Assessment Year 2015
Assessed Land
Assessed Improvements
Total Assessment
Exempt Amount
Exempt Reason
County Taxes
Lender
Scbt
South Carolina Bank
htlp:/Ictar.crsdata.com/mlslPropertyliby-FI9iuWdnb1sYHpjwHrpDbM307gyeHyXYhGM7u-d9Ih06REYy~Q_
I
Harvin David M Et AI
4522 Sylvan DrColumbia. SC 29206-1355
Instrument No. Parcels BoOk/PageOrDocument#
8936/137
633'i/'j66
766/285
Jurisdiction Rate
Dorchester 331.0
Total Taxes
$82.81
$82.81
$477.84
Book/Page or Document#
8234/183118
6694/23754
1/3
ICRS Data - Property Report for ParceifTax ID 1 :1-07-03-002912412016
Building # 1
Type Commercial Condition Average
Year Built 1987 Effective Year
BRs
Total Sq. Ft.
Baths F H
7,135
Building Square Feet (Other)Building Square Feet (Living Space)
- CONSTRUCTION
Quality
Shape
Partitions
Roof Framing
Roof Cover Deck
Cabinet Millwork
Common Wall Floor Finish
Foundation Interior Finish
Floor System
Exterior Wall
Air Conditioning
Masonry Common Brick Heat Type
Structural Framing Bathroom Tile
Fireplace Plumbing Fixtures
-OTHER
Occupancy Building Data Source
PROPERTY CHARACTERISTICS: EXTRA FEATURESNo extra features were found for this parcel.
PROPERTY CHARACTERISTICS: LOT
Land Use Commercial Lot Dimensions
Block/Lot Lot Square Feet
AcreageLatitude/Longitude 32.906265°/-80.092990°
PROPERTY CHARACTERISTICS: UTILITIES/AREA
Gas Source Road Type
TopographyElectric Source
Water Source District Trend
Sewer Source
Units
Stories
Rooms
Composition Shingle
Special School DiSI
ict 1
Special School District 2
Description FIRM Panel 10
Areas subject to inundation by the 1-percent-annual-chance flood 45035C0439Eevent determined by detailed methods. Base Flood Elevations (BFEs)are shown. Mandatory flood insurance purchase requirements andfloodplain management standards apply. IAreas subject to inundation by the 1-percent-annual-chance flood 45035C0437Eevent determined by detailed methods. Base Flood Elevations (BFEs)are shown. Mandatory flood insurance purchase requiremen,ls andfloodplain management standards apply.
Area of minimal flood hazard, usually depicted on FIRMs as bove the 45035C0437E500-yearflood level.
0.2 PCT Moderate An area inundated by 500-year flooding; an area inundated by 100- 45035C0437Eyear flooding with average depths of less than 1 foot or with drainageareas less than 1 square mile; or an area protected by levees from 100-year flooding. I
http://ctar.crsdata.com/mls/Propertyllby-FI9iuWdnb1sYHpjwHrpDbM307gyeHyXYhGM7u-d9lh06REYyNQ_
Zoning Code
Owner Type
LEGAL DESCRIPTION
Subdivision Archdale Plat Book/Page
Block/Lot District/Ward
Description
FLOOD ZONE INFORMATION
Zone Code Flood Risk
AE High
AE High
x Minimal
None
None
34,848
0.8
Hl9
203
FIRM Panel Eft.Date
09/09/9999
09/09/9999
09/09/9999
09/09/9999
213
912412016I
CRS Data - Property Report for ParceifTax 10 1 1-07-03-002
Parcel Address: 7951 Dorchester Rd, North Charleston, SC 29418-2912 Parcel 10: 181-07-03-002
MORTGAGE DETAILSGENERAL INFORMATION
Lender Name Scbt Sale Amount
Borrower(s) Harvin David M Seller(s)Gal Leonie Harvin
Borrowers Mailing Address 7951 Dorchester Rd Property Address 7951 Dorchester RdSC N Charleston, SC 29418-2912
MORTGAGE DATA
Loan Amount $150,000 Date 03/22/2012
Fixedllnitiallnterest Rate N/A Date Recorded 03/27/2012
Rate Type Fixed/Unknown Maturity Year 2014
Loan Type Conventional Term 2 years
BOOK/PAGE AND DOCUMENT NUMBERS
Trust Book/Page 8234/183 Warranty Book/PageDocument Number 118
MORTGAGE DETAILSGENERAL INFORMATION
Lender Name South Carolina Bank Sale Amount
Borrower(s) Harvin David M Seller(s)Gill Leonie Harvin
Borrowers iiliaiiing Address 7951 DorchesterRd Property Address 7951 Dorchester RdAbbeville, SC North Charleston, SC 29418-2912
MORTGAGE DATA
Loan Amount $300,000 Date 06/06/2008
Fixed/Initial Interest Rate NlA Date Recorded 06/30/2008
Rate Type f-ixediUnknown Wlawrlty Year LO'lO
Loan Type Conventional Term 2 years
BOOK/PAGE AND DOCUMENT NUMBERS
Trust Book/Page 6694/237 Warranty Book/PageDocument Number 54
htlp:/Ictar.crsdata.com/mls/Propertyllby-FI9iuWdnb1sYHpjwHrpDbM307gyeHYXYhGM7U-d91h06REYYiQ 1/_1__
I I;'~~LPROPERTY /MOB;~";le<~~:~""~1'UIRY
CAMA PARCEL SUMMARYAccount # TMS # Parcel AddressR0059732 181-07-03-002.000 7951 DORCHESTER RD
Total Land & Improvemen1,070,250.00
OwnerOwner Address
HARVIN DAVID M ET ALPOBOX 11562COLUMBIA SC 292111562H 009Plat Book & Page
Building Count
Parcel Address
Lot
Block
1
7951 DORCHESTER RD
Zoning COdE
Tax District
Subdivision
Section
CN
203
ARCHDALE
Results found
Deed Book #Deed Page #Sale Price
Sale Date
Grantor
Grantee
Transfer Date
008936
137
10.00
2013-06-13
HARVIN DAVID M ET AL
HARVIN DAVID M ET AL
2013-07-29
https:/Iwww.dorchestercounty.netfindex.aspx?page=981 1/1
D",_1e< C"-"'Y' Cama Parcel +PROPERTY/MOBILE HOME IN UIRY
9/2412016
REAL
ASSESSMENT DETAILS
TAXYEAR ABST DESC
2016 Improvement Exempt Churches Non ProfitOrganizations Veterans 6 Pct
2016 SC TAX COMMISSION & SPECIAL LEVY &MULTI COUNTY PARKS 6 PCT
https:llwww.dorchestercounty.netlindex.aspx?page=981
ACRES
.00
.80
._-- --- --------- - -----
ASSM CAP TAXABLE TAX.
RATIO VALUE VALUE ASSEVA
.06 777,850 777,850 46,
.06 292,400 292,400 17,-------
1/1
DEED PREPARED WITHOUT TITLE SEAROH
BK 8936 PG 138
STATE OF SOUTH CAROLINA )
)
)
TITLE TO 'ALESTATE--- -::-==-=---~~--:-- -:--
COUNTY OF DORCHESTER FII.£o/REWRD£DJuly 29. 2013~:!:': j
TMS:r 181-07-03-002-000C
KNOW ALL MEN BY THESE PRESENTS, that David rJ Harvin, Leonie Harvin om,and Margaret Andrea Harvin Kennington as Successor Trustees ~nder the Will of William M.Burney, deceased (Grantors) in consideration of Ten and No/~OO ($10.00) Dollars and incompliance with the nrovisions terminatina the Trust under..thJ will of William M. Burney
'. - Iexecuted on March 3, 1962 has granted, bargained, sold, and released, and by these presents does .grant, bargain, sell and release unto the following Grantees:
David M. Harvin Leonie Harvin Gill: Margaret Andrea Harvin Kennington.4522 Sylvan Drive 4077 Rockwell Road ; 831 &ist Country Club RoadColumbia, SC 29206 Oxford, NC 27565, Mt. Aib, NC 27030-2414
All of that certain piece, parcel or lot of land, with any improvelents thereon, kn~wn as 7951Dorchester Road in or near North Charleston, Dorchester Courty, South Carolina, as moreclearly shown on a plat entitled "Plat of Lot Two (2), containing efight-tenths (.080) acres situatesoutheast of Summerville surveyed for the South Carolina Natio I al Bank: as Trustee under theWill of William M. Burney;' re-surveyed June 6, 1990, by Asso iated Surveyors & Engineersand recorded in the Office of the Register of Mesne Conveyances Ifor Dorchester County in PlatBook H at Page 9, said land having the following courses, metes, measurements, boundaries, anddistances as shown on the aforesaid plat, to wit:
,
Starting at a point of beginning on the southern boundary of Dorchester Road (S.C. Highway642) approximately Two Hundred (200') Feet southeast of the right-of-way of ArchdaleBoulevard at the intersection of Lot One (1), Lot Two (2), and Dorchester Road, being thenorthernmost point on said plat; thence from said p:?int of t:egi~ning. S 23° 57' 50" W,o OneHundred Seventy-five (175') Feet to Lot Three (3); thence turning and continuing S 66° 02' 10"E, Two Hundred (200') Feet to Parkshire Way (fifty-foot righl:of-way); thence turning andcontinuing N 23° 57' 50" E, One Hundred Seventy-five (17~') Feet to the boundary ofDorchester Road right-of-way; thence turning and continuing N I60 02' 10" W, Two Hundred(200') Feet back to the point of beginning.
Derivation: This being the same property conveyed to David M. Harvin, Leonie Harvin Gill.and Margaret Andrea Harvin Kennington, as succe sor trustees under the Will ofWilliam M. Burney, deceased, dated October 26, 20P7, and recorded in Book 6331and page 166. Register of Deeds Office for Dorchester County.
f:lchg\pc\ 1695.00 l-tw bumey\dorchester deed.docx Page 1
Mays, F lr. Gunter & Murphy, LLP2~112Devine Street
Co umbj~ SC 29205
DEED PREPARED WITHOUT TITLE SEAR H
..... ,.
BK ~936 PG 139
The conveyance of the aforesaid real property shall be subject to all easements,reservations, rights-of-way, restrictions, encroachments, and corenants of record which mayaffect the .above described property, and all government stutes, ordinances, rules andregulations.
Together with all and singular, the rights, members, her itaments and appurtenances tothe said premises belonging or in anywise incident or appertaini I g; to have and to hold all andsingular the premises before mentioned unto the grantee and the grantee's heirs, personalrepresentatives, or successors and assigns forever. And the grantprs,dohereby bind the grantorsand the grantors: successors and assigns to warrant and forever defend all and singular saidpremises unto the grantees and the grantees' successors and assigns against the grantor andagainst no others.
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SIGNATURE PAGES'TO FOLLO
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DEED PREPARED WITHOUT TITLE SEAR<J:H
BK 8936 PG 140
WITNESS the grantor's hand and seal this 1.3 . day of I <..A/1 ~ 2013.
Signed, sealed and deliveredin the presence of
/
~ II- xd,~ (
(21'~'STATE OF SOUTH CAROLINA )
)
COUNTY OF RICHLAND )
Personally appeared the undersigned witness and made oath thit (sjhe sa'Y the within namedgrantor sign. seal and as the grantor's act and deed deliver the ~thin written Limited WarrantyDeed and that (s)he, with the other witness subscribed above witn ssed the execution. thereof.
Page 3
~~""'J -rub!ic for South~oJina /Commission Expires: ;;Y "/2 ,,/ I..{-~ ,
f:\chg\pc\ 1695.001 -tw bumey\dorcbester deed.docx
BK.8936 PG 141DEED PREPAREDW1::'tT TITLEST
W1TNESS the grantor's hand and sealtftis'" 13 .'day of CftA..--n-C/ •.2013.
Signed, sealed and deliveredin the presence of
STATE OF SOUTH CAROLINA. )
)
COUNTY OF RICHLAND )
Personally appeared the undersigned witness and made oath that·(s)he saw the within namedgrantor sign, seal and as 'the grantor's act and deed deliver the within written Limited Warranty
. Deed and that (s)be~with the other witness subscribed above witntSed the execution thereof.
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Page 4
T " Public for South ear"i7Commission Expires: '7~ J tJ / y-
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I \BK 8936 PG 142
DEED PREPARED WITHOUT TITLE SEAR I H
W1TNESS the grantor's hand and seal ihi~ . c1 i :day of 'JiA rl-L. 2013.
Signed, sealed and deliveredin the presence of .
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STATE OF NORTH CAROLINA
COUNTYOF __ ~_'_u~r_I_-_lq+-__
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Personally appeared the undersigned witness and made oath that (s)he saw the within named. grantor sign, seal and as the grantor's act and deed deliver the ,ithin written Limited WarrantYDeed and that (s)he, with the other witness subscribed above witnessed the execution thereof.
Notariitblic for North CarolinaCommission Expires: y -J..- d--C l'eAfter recording, please mail-to:Mays, Foster, Gunter & Murphy, LLP2512 Devine StreetColumbia, SC 29205(803) 254-7091
f:'chg\pc\1695.00l-tw burney\dorchester deed.docx Page S
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Dorchester County oning and Land DevelopmentOrdinance 04-13
Section 7.7 CN, Neighborhood Commercial District
7.7.1 Statement of Intent
The intent of this district is:
(a) To provide for the establishment of small sea e commercial areas within adefmed proximity to existing and/or planned residential developments orneighborhoods;
(b) To serve residential neighborhoods or employm nt uses immediately adjacentto or within walking distance of such commercial areas with conveniencegoods and services;
(c) To strengthen business and commercial activity y encouraging the location ofconvenience commercial centers where they can be served by adequateinfrastructure, and provide vehicular and pede trian linkages to neighboringresidential development; and
(d) To dissuade non-complementary uses which miht undermine the character ofneighboring residential developments or confli ct with existing commercialactivities.
7.7.2 Size and Location
New CN zoning districts may be mapped in areas of the County designated asSuburban or Economic Development on the adopted Future Land Use map in theDorchester County Com~rehensive Plan. CN distfc~s shall be located on lo~alaccess or two lane mmor collector roads prov~'dmg access to surroundmgresidential and nonresidential uses.
When mapped, CN districts approved for creation a er adoption of this ordinanceshall be no less than 1.5 acres and no more than five 5) acres in total land area.
7-20
Dorchester County ~oning and Land DevelopmentOrdinance 04-13
7.7.3 Permitted Use Groups
CNUse Group No. Group Name I61014 (a)15(a),(b),(c),( e)23(d)24(a),(b)25
Accessory Uses: Accessory Structures
7.7.4 Conditional Uses
Community ServicesOpen Space
Social and CulturalBusiness, Convenience Reta IBusiness, Personal ServicesProfessional ServicesUtilities
The following uses may be permitted in the CN zoning district provided theyconform to the performance standards or conditions listed for each in Section 10.4.
Use Group No. Group Name I4
23(c)
7.7.5 Special Exception Uses
Multi-Family Residential, ~rovided withinthe same structure as a COjerCial use.Utilities
The followmg uses may be developed in the FN zonmg district subject toconformance with any conditions in Section 10.4 and approval of a specialexception pursuant to the criteria in Section 10.5 ant the provisions of Section 15.4.
Use Group No. Group Name13(a) Business, Recreation.
Residential Density Regulations
o more than eight (8) multi-family dwelling units per net acre mayon a site.
ot and Building Requirements
7.7.6
N
7.7.7 L
be developed
(a) Lots zoned CN for development of non- restden,a 1uses shall be a minimum of5,000 square feet in size, provided however tha~they must be of sufficient sizeto meet minimum landscaping and buffering, ~arking and other requirementsof this ordinance in addition to meeting mini um requirements of the s.c.
7-21
Dorchester County oning and Land DevelopmentOrdinance 04-13
Department of Health and Environmental Con 01 regarding the provision ofwater and sewer (septic) service if the district cTot be served by public wateror sewer.
(b) All lots shall be a minimum of twenty feet (20 ') width.
(c) Minimum Yards
Front Yard
Side yard
20 feet, provided howeve that the front yard may be reducedto twelve feet (12') wh~e a structure's front entrance facesthe street without an inte ening parking area.5 feet unless buildings are adjoining, with a minimum of 10feet between non-residentirl structures on the same lot.15 feet where a non- esidential use will abut aresidential zoning district.20 feet30 feet where a non- lesidential use will abut aresidential zoning district.
Rear yard
The above yard requirements may be increa ed to provide required bufferyards between properties of differing land ses and/or zoning districts asspecified in Article XIII.
(d) Height Limitations
No structure shall be more than two (2) storis s in height unless the entityproviding fire protection service certifies either:
(1) that it can provide adequate fire protection s ice to a taller structure at thesite in question; or
(2) that the proposed structure incorporates fire protection systems, such assprinklers, that will provide adequate fire prl tection to a taller structure atthe site in question.
The certification will state the maximum height to which adequate fireprotection is available, and the structure may b I built to this height; providedthat the entity providing fire protection service hall not certify any extensionin allowable height that will adversely affect th· entity's or the County's ISOfire rating.
7-22
Dorchester County oning and Land DevelopmentOrdinance 04-13
7.7.8 Maximum Impervious Surface
No more than 80% of the gross acreage of a parcll in the CN district, shall becovered by impervious surfaces, provided that this rfquirement will be supersededby specific development guidelines adopted by Dorchester County. Where adevelopment consists of a number of contiguous or adjoining structures, thisrequirement shall apply to the development as a whole, not to the individualstructures or lots.
7.7.9 Landscaped Open Space on individual non-resid ntiallots or developments ofcontiguous or adjoining structures, within this istrict shall not be less than.25 times the buildable area of the lot.
7-23
HARPER AUCTION & REA TYREAL ESTATE PURCHASE AG,EEMENT
THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE UNIFORMARBITRATION ACT, SECTION 15-48-10 ET. SEQ, CODE OF LAWS OF
SOUTH CAROLINA 1976 (AS AMENDED).I .
This Real Estate Purchase Agreement dated November 8, 2016 (hereinafter the "Agreement") by and betweenI
(hereinafter "Buyer") and Kathleen Palinski, Receiver under order of the dourt of Common Pleas of DorchesterCounty SC 2013-CP-18-1731. (hereinafter the "Seller"). I1. PROPERTY: The Seller agrees to sell and the Buyer agrees to buy the foil wing described real property including,without limitation, any and all improvements and fixtures thereon:
2. PURCHASE PRICE: The Purchase Price is and00/100 Dollars ($ ),("Purchase Price") being the aggregate!of the highest bid at the Public Auctionof the Premises, as defined in a certain Terms and Conditions of Public fuction of Real Property ("Terms andConditions") and $ which represents the Buyer's Premium, as defined in the Terms and Conditions,in conjunction with the sale contemplated herein.
A. Ten Thousand and 001100 DolTars($10,000.00) in hand paid (the Deposit" as defined in the Terms andConditions) receipt of which is acknowledged,
B. and 0/100 Dollars ($ ) as "DownPayment" (as defined in Terms and Conditions) within twenty four (241hours of execution of this Agreement,
C. The Purchase Price less the Deposit and Down Payment shall be pa d in immediately available funds at theclosing of the purchase of the Premises (the "Closing"), as defined in aragraph 12 hereof.
Purchase price to be paid as follows:
3. FIXTURES AND EQUIPMENT: The consideration shall include fixtures 0 ned by Seller including, but not limitedto: built-in appliances, heating, ventilating, air conditioning (HVAC) and umidifying equipment and its controlapparatus, attached floor coverings and any attached wall coverings, window overings and awnings, internal wire forcommunication system; telecommunication wiring and cables, garage door 0 aeners and controls, whether now in oron the Premises or in storage, security systems and controls, smoke alarms a d all exterior landscaping, if any.
4. TRANSACTION COSTS: Buyer shall be responsible and pay for all Trans ction Costs associated with the closingof the Property including but not limited to all closing costs generated by t~e type of financing selected, pre-paidrecurring items, mortgage insurance, discount points, buyer attorney's fees, ~eed preparation, any recording chargebased on the value of the Property (deed stamps), survey fees and title insura~ce premiums.
NOTE: THIS AGREEMENT IS NOT CONTINGENT ON BUYER'S ABILIrvi TO OBTAIN FINANCING OR UPONAPPRAISAL.
5. DAMAGE OR DESTRUCTION OF PROPERTY: In the event the Property ir"destroyed wholly or partially by fire orother casualty prior to delivery of the deed, this Agreement may not be voided or impaired and Seller may upon itssole election repair all such damage. In the event Seller elects to restore the ~roperty, then and in that event the timefor performance hereunder will be extended by the period of time required ~tthe completion of restoration. In theevent Seller elects not to restore, then all monies paid hereunder will be refun ed to Buyer and this Agreement will benull and void. Subject to the rights of any lender, Seller will have sole rights 0 all insurance proceeds payable withrespect to such casualty loss.
6. CONDITION OF PROPERTY: SELLER SHALL DELIVER THE PROPE~ AT CLOSING IN SUBSTANTIALLYTHE SAME CONDITION AS OF THE DATE OF THE AGREEMENT. BUY R REPRESENTS THAT BUYER HASHAD THE OPPORTUNITY TO INSPECT THE PROPERTYPERSONALLY A D THROUGH ANY PROFESSIONALOF BUYER'S CHOICE. BUYER ACCEPTS THE PROPERTY "AS-IS, WHE E IS", WITHOUT REPRESENTATION
1Buyer: __ 1__Seller: I
OR WARRANTY OF ANY KIND BY SELLER INCLUDING ANY REPRESENTATIONS REGARDINGENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY. THE WA,RANTIES EXCLUDE, BUT ARE NOTNECESSARILY LIMITED TO FREEDOM FROM STRUCTURAL DfFECTS, CONSTRUCTION IN AWORKMANLIKE MANNER AND FITNESS FOR HABITATION. SELLER A~UMES UNTIL CLOSING ALL RISKSOF LOSS OR DAMAGE TO THE PROPERTY. BUYER FURTHER ACKN WLEDGES THAT BUYER HAS NOTRELIED ON ANY STATEMENTS OR REPRESENTATIONS REGARDING T E PROPERTY WHETHER MADE BYTHE SELLER, AGENTS OR ANY OTHER PARTY WHICH ARE NOT CO AfNED WITHIN THIS AGREEMENT.THE PROPERTYIS SOLD IN GROSS IN ALL CASES. IN THE EVENT B~YER HAS OR OBTAINS A SURVEYWHICH REFLECTS A DIFFERENT, GREATER OR LESSER, NUMBER F ACRES OR SQUARE FOOTAGE,THIS DIFFERENCE WILL NOT AFFECT THE PURCHASE HEREUNDER 0 THE PURCHASE PRICE.
7. TITLE EXAM AND SURVEY: Seller recommends that the Buyer examine the title to the Property and that Buyerobtain owner's title insurance. Seller further recommends that a reputable ~urveyor licensed in the State of SouthCarolina be retained by Buyer to survey the Property. Purchaser acknowledges that all title insurance issuedpursuant to the closing of this transaction shall be purchased through Closing tttorney identified herein paragraph 12.
8. EVIDENCE OF TITLE: Buyer shall pay for an owner's title insurance comTitment and policy in the amount of thePurchase Price. Conveyance will be made subject to all easements and covrnants of record (provided they do notmake the titie unmarketable) and to all governmental statutes, ordinances, rules and regulations. Seller agrees toconvey marketable title via a general warranty deed, free of encumbrancr.s, except as herein stated. The titleevidence shall be certified to within thirty (30) days prior to Closing with endorsement not before 8:00 a.m. on thebusiness day prior to the Closing Date, free and clear of all liens and encum~rances except: (a) those created by orassumed by Buyer; (b) those specifically set forth in this Agreement; (c) zonin~ ordinances; (d) legal highway and (e)covenants, restrictions, conditions and easements of record that do not unr asonably interfere with present lawfuluse.
9. TAXES AND ASSESSMENTS: Taxes, as when collected, and other assessments, including homeowner'sassociation fees, shall be adjusted as of the Closing Date. Tax proratio s are made using the best availableinformation and may vary from the actual year-end bill. At Closing Seller shall pay all agricultural use taxrecoupments for years prior to the year of Closing Date, if any. Real estate I taxes and assessments are subject toretroactive change by governmental authority. The real estate taxes for the Property for the current tax year maychange as a result of the transfer or as a result of a change in the tax rate. All prorations shall be final as of the dateof closing.
10. ENVIRONMENTAL DISCLAIMER BY SELLER: Buyer acknowledges th t Seller and/or Brokers have made noindependent investigation to determine whether hazardous materials exist in on or about the Property. Buyer andSeller understand that any such determination requires the expertise of a specialist in hazardous materials, theretaining of which is the responsibility of Buyer and not that of the Seller or Broker.
11. DEPOSIT: Buyer has deposited with Harper Auction & Realty ("Escrow gent") the Deposit. Buyer is to furtherdeposit the stated Down Payment (Deposit) within twenty four (24) hou s of execution of this Agreement inaccordance with paragraph 2 above, and as defined in the Terms and Conditions. Upon completion of thisAgreement, Harper Auction & Realty shall deposit said Deposit(s) in its interest bearing trust account to be disbursedas follows: (a) the Deposit(s) shall be applied to the Purchase Price or return~d to Buyer at Closing; (b) if Seller failsor refuses to perform on or before the Closing Date, as defined in paragraph 12 herein, the Deposit(s) shall bereturned to Buyer; (c) if Buyer fails or refuses to perform, the Deposit(s) Sh~1 be paid to Seller. Release of earnestmoney shall be done in compliance with S.C. Code Section 40-57-135 (197 ). Buyer relinquishes ownership of anyaccrued interest to Escrow Agent as consideration for the expenses incurred i I maintaining the account.
12. CLOSING DATE AND POSSESSION: The deed will be prepared in the name of the Buyer unless otherwisestipulated by Buyer in writing, and delivered to stipulated place of closing. The deed will be held in trust by theClosing Attorney until sales proceeds have been disbursed to Seller, at w ich time the Closing Attorney shall beauthorized to record the deed. This transaction will be closed on or before Janua 15 2016 (the "Closing Date")unless extended in the sole discretion and option of the Seller. Buyer is entitled to possession at Closing. At the timeSeller delivers possession of the Property, the Property will be in the same cOr'dition as the date of acceptance of thisAgreement, except as provided herein in paragraph 5 herein, normal wear an tear excepted. Any personal propertynot included in this Agreement shall be abandoned to the Buyer at Closing. It s agreed by both parties that all moneypaid hereunder will pass through the hands of Gary A. Pickren of Blair calo Pickren Casterline, LLC (hereinafter"Closing Attorney"), and that Closing Attorney, will act as closing, settlement a d disbursing agent for both parties.
13. ASSIGNABILITY: This Agreement may not be assigned except with wri en permission of the Seller.
2Seller: I Buyer: __ 1__
14. GOVERNING LAW/ARBITRATION: This Agreement, and its interpret~tion, shall be governed by the laws ofthe State of South Carolina. Any suit relating to this Agreement shall be b ought in the appropriate Civil Court inCharleston County SC. In any litigation, arbitration or other legal proceeding which may arise between any of theparties hereto, the prevailing party shall be entitled to recover its costs and e penses, including costs and expensesof arbitration, court costs and expenses incurred on appeal, and reasonable attorneys' fees incurred in any disputethrough arbitration and appeal of and final judgment in addition to any other re ief to which such party may be entitled.
15. DEFAULT: If the Buyer shall default under this Agreement, the Seller sh I have the option of suing for damagesand/or rescinding this Agreement. In the event the Agreement is rescinded by Seller, the deposit money shall beretained by the Seller as liquated damages and not as a penalty. Additiona Iy, in the event of a default by Buyer,Buyer shall reimburse Seller for all of Seller's out-of-pocket costs and expenses incurred in connection with enteringinto this Agreement and preparing for Closing, including, without limitation, fi ancing costs and attorneys and otherprofessional fees.
If Seller has defaulted under any of the terms of the Agreement, Buyer will pr ,vide Seller with written notice as to theexact nature of such default by delivering such notice to Seller. Seller will haye ten (10) calendar days from the dateof the receipt of such notice within which to cure the default. Buyer sole rem dy for Seller default shall be limited tothe return of all Deposits and Down Payments. Under no circumstances will Seller be liable for any consequential,special, indirect, or punitive damages.
16. ARBITRATION: SELLER AND BUYER AGREE THAT IN THE EVEf'fT ANY DISPUTE OF ANY KIND ORNATURE ARISES AS A RESULT OF THIS AGREEMENT, THIS TRANSAqTION, OR CONCERNING THE REALPROPERTY HEREIN, THE PARTIES SHALL SUBMIT THE MATTER TO~INDING ARBITRATION PURSUANTTO S.C. CODE ANN. SECTION 15-48-10 ET. SEQ. (AS AMENDED); HE SOUTH CAROLINA RULES OFALTERNATIVE DISPUTE RESOLUTION; AND THE LAW OF SOl!JTH CAROLINA. THE PARTIESSPECIFICALLY AGREE THAT BECAUSE THE ARBITRATION IS BINDIN~' THAT RULE 7 (C), OF THE SOUTHCAROLINA RULES OF ALTERNAnVE DISPUTE RESOLUTION REGARD NG A TRIAL DE NOVO AS A RIGHTIF DISSATISFIED WITH THE ARBITRATION RULING AND AWARD DOES OT APPLY.
BINDING ARBITRATION SHALL BE INITIATED UPON SERVICE ON TH[;POSING PARTY BY CERTIFIEDMAIL OF A WRITTEN "NOTICE OF DEMAND FOR ARBITRATION". THE PARTIES SHALL AGREE TO THESELECTION OF A NEUTRAL ARBITRATOR WHO SHALL BE AN ATTO~NEY LICENSED TO PRACTICE LAWiN SOUTH CAROLiNA AND CERTiFIED BY THE SOUTH CAROLiNA SUPREME COURT AS A NEUTRALARBITRATOR. THE PARTIES AGREE THAT THE COSTS AND FEES CHARGED BY THE ARBITRATOR ANDANY COSTS ASSOCIATED WITH ARBITRATION PROCEEDING ITS~LF SHALL NOT BE TAXED ORASSESSED AGAINST EITHER PARTY AS AN AWARD, BUT SUCH CCPSTSSHALL BE BORNE EQUALLYBETWEEN THE SELLER AND PURCHASER. THE LOCATION OF THE 5'RBITRATION PROCEEDING SHALLBE CHARLESTON COUNTY. THE PAYMENT OF THE ARBITRATOR'S FEES AND COSTS OF THEARBITRATION SHALL BE MADE PRIOR TO THE ISSUANCE OF THE AR~rTRATION AWARD.
THE PREVAILING PARTY IN THE ARBITRATION PROCEEDING SHALljl BE ENTITLED TO AN AWARD OFREASONABLE ATTORNEY'S FEES AND COSTS. ANY JUDGMENT RENDERED BY THE ARBITRATORINCLUDING AN AWARD FOR ACTUAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES,PUNITIVE DAMAGES AND REASONABLE ATTORNEY'S FEES AND CdSTS (BUT EXCLUDING THE COSTSASSOCIATED WITH THE ARBITRATION PROCEEDING DISCUSSED ABqVE) SHALL BE BINDING AND FINALIN ACCORDANCE WITH S.C. CODE ANN. SECTION 15-48-10 ET. ~Q. (AS AMENDED); THE SOUTHCAROLINA RULES OF ALTERNATIVE DISPUTE RESOLUTION; AND THE LAW OF SOUTH CAROLINA.JUDGMENT SHALL BE ENTERED UPON THE ARBITRATION AWAR IN ACCORDANCE WITH SOUTHCAROLINA LAW AND ENFORCED BY ANY COURT OF COMPETENT JURISDICTION. FOR MOREINFORMATION PLEASE SEE ARBITRATION ADDENDUM ATTACHED HERETO.
17. TIME IS OF THE ESSENCE: Time is of the essence with respect t all provisions of this Agreement thatstipulates a specific period of time for performance. Failure of Buyer or Slier to complete any provision of thisAgreement within the stipulated period of time for completion of the provision will constitute, where applicable, adefault of this Agreement.
18. SURVIVIAL: If any provision herein contained which by its nature and efect is required to be observed, kept orperformed after ctosinq, it will survive the closing and remain binding upo and for the Parties hereto until fullyobserved, kept or performed.
19. NON-RELIANCE CLAUSE: Both Buyer and Seller execute this Agreemert freely and voluntarily without relianceupon any statements, representations, promises or agreements by the Buy r's and Seller's Brokers except as set
3Buyer: __ 1__Seller: I
forth in this Agreement. Buyer and Seller acknowledge that the Buyer's and ~eller's Broker are being retained solelyas real estate agents and not as an attorney, tax advisor, lender, appraiser, srrveyor, structural engineer, mold or airquality expert, home inspector or other professional service provider. Buyer a d Seller are legally competent to enterthis Agreement and to fully accept responsibility for it.
20. MISCELLANEOUS: This Agreement constitutes the entire agreement ld no oral or implied agreement exists.Any amendments to this Agreement shall be in writing, signed by Buyer and eller and copies provided to them. ThisAgreement shall be binding upon the parties, their heirs, administrators, . ecutors, successors and assigns. Allprovisions of this Agreement shall survive the Closing. In compliance with rair housing laws, no party shall in anymanner discriminate against the Buyer because of race, color, religion, sex, familial status or national origin.Paragraph captions are for identification only and are not part of this Agreeme t.
FOR BUYER:
_________________ {L.S.}Buyer Signature
Buyer Name Printed
________________ {L.S.}Buyer Signature
Buyer Name Printed
Address
Deed To
FOR SELLER:
{L.S.}
1Seller Signature
{LS.}Seller Signature Date
Address
4Seller: I
Date
Date
Fax
Telep one
Buyer: __ 1__
HARPER AUCTION & REA TYQUALIFIED BROKER PARTICIPATION lERMS FORM
FOR AUCTION OF 7951 Dorchester Rd., N. Charlesto ,SC 29418: Nov. 8,2016
Please note that this Qualified Broker Participation Terms Form is only vali1 for the auction and date listed in the above-caption. A new Qualified Broker form must be completed for each Auction idder offered.
Harper Auction & Realty is pleased to announce that the above-listed Auctio includes a potential Commission to be paidto a Qualified Broker.
The commission scheduled for this property is as follows:• 2% of the final bid (hammer) price (Contract price less buyer's pre~ium) will be paid to a qualified and properly
registered buyer's agent ("Qualified Broker") whose client is the successful bidder and closes on the property as agreedin the Real Estate Purchase Agreement. I
• Qualified Broker commission will be earned and paid at closing and onI if the Qualified Broker's client completes thetransaction.
Qualified Broker: Only licensed (South Carolina) Real Estate agent or broke producing a copy of a duly executed BuyersAgency Agreement with a bidder will be deemed as a Qualified Broker. Only the first registration for a: bidder and broker will behonored. All disputes between brokers claiming representation of the same bidde must be resolved between the brokers withoutinterference with the auction or with the bidder's ability to bid and/or purchase th property.
Registration: A Qualified Broker must complete and submit a Qualified Broker articipation Terms Form prior to 6:00 o'clockpm on November 6, 2016 to be considered valid. The Form must be fully completed and must be signed by both the bidder andbroker. Any Form received after this date will render the broker as a non-quali~ing broker and no commission will be paid. Nobroker registration is allowed on auction day nor will any oral registration, agreej~.mt or understanding be honored.
Participation: Broker must personally visit the property with hislher bidder/client prior to the sale and must be present withhislher bidder/client on sale day to participate and earn the commission. Any broker's bidder must execute the Real EstatePurchase Agreement and close on the property for the commission to be earned.
Self-Representation Prohibited: Brokers may not represent themselves as a bu ler. Similarly, participation will not be allowedfor broker representation of any entity of which he/she is an officer, member, prmcipal, affiliate, employee or immediate family
Imember. No commission will be paid where these relationships exist between bro er and bidder.
Scan and E-Mail to: ,,-edhar'1erm,ctionandrealt\.comFax to: 1-888-844-1037 (Toll Free)
Qualified Bro er Terms Form Approved:
Acknowledgment of Qualified Broker Participation Terms: A Qualified Bro er must execute and sign the acknowledgmenton the next page of this Form agreeing to the Terms contained herein as a part of, is/her registration.
Iagree to the terms set forth herein, and Iagree to hold harmless and indemnify Harpe Auction & Realty including its reasonableattorney's fees, from any and all claims with regard to such commission.
Broker Signature Date
Name of Bidder that Broker Represents
BuyerlBroker Registration Form Due: _
Harper Auctio~ & RealtyMichael B. Hier
- ------ ----------~
BidderlBroker Registration F rm
Broker(BIC)Name: -r _NameofCompanymIC: ~I--------Name of Sales Associate: I
Broker License Number: ================================11---------Address: --------------------------------------------+----------Phone/Fax Number: IE-mail Address: ---------------------------------------r--------Bidder Name: ----------------------------------------~---------Address: --------------------------------------------+----------Phone/Fax Number: ----------------------------------~~---------E-mail Address: -+-- _
I understand that if I am the successful purchaser, that upon succeslful closing of the transaction, theBroker representing me herein will receive a commission for the sale in accordance with the BrokerParticipation Terms.
Bidder Signature Dat
Broker's Signature Dat
Scan and E-Mail to: 1 '[email protected]
Fax to: 1-888-844-1037 (Toll Free)
The SC Real Estate License Law, in Section 40-57-139 (A) (1) and (2), requires a real estatelicensee to provide you this brochure and ameaningful explanation of agency relationshipsoffered by the licensee's Company. This must bedone at the first practical opportunity when youand the licensee have substantive contact.
Before you begin to work with a real estatelicensee, it is important for you to know the
-----dlfference-between-a-broker-in-charge-ancl Unless or until you enter into a written • Loyaltyassociated licensees. The broker-in-charge is the agreement with the Company for agency • Disclosureperson in charge of a real estate Company. representation, you are considered a "Customer" . .Associated licensees may work only through a of the Company, and the Company will not act as • Confidentialitybroker-in-charge. In other words, when you your agent. As a Customer, you should not • Accountingchoose to work with any real estate licensee, expect the Company or its licensees to promote • R bl .your business relationship is legally with the your best interest, or to keep your bargaining easona e care and skillCompany and not with the associated licensee. information confidential.
A real estate Company and its associated licensees Customer service does not require a writtencan provide buyers and sellers valuable real estate agreement; therefore, you are not committed to theservices, whether in the form of basic customer Company in any way.services, or through client-level agency y C B ..' . ou an ecome a Clientrepresentation. The services you can expect WIll .. .depend upon the legal relationship you establish ~~Ients recel:ve 7t1ore services than customers. Ifwith the Company. It is important for you to c lent status IS0 ere.dby the real estate Company,discuss the following information with the real you can become a chen:?y entering into a writtenestate licensee and agree on whether in your agenc.y agre.ement requinng the Company and itsbusiness relationship you will be a customer or a bas~ocllfateddlicensees to act as ~n agent on yourclient. e a an promote your best mterests. If you
choose to become a client, you will be asked toconfirm in your written representation agreementthat you received this brochure in a timelymanner.
Agency Relationshipsin South Carolina
Now You Are aCustomer of the Company
South Carolina license law defines customers asbuyers or sellers who choose NOT to establish anagency relationship. The law requires real estatelicensees to perform the following basic dutieswhen dealing with any real estate buyer or selleras customers:
• Present all offers in a timely manner
• Account for money or other property receivedon your behalf
• Provide an explanation of the scope ofservices to be provided
• Be fair and honest and provide accurateinformation
• Disclose "adverse material facts" about theproperty or the transaction which are withinthe licensee's knowledge
A seller becomes a client of a real estate companyby signing a formal listing agreement with theCompany. For a seller to become a client, thisagreement must be in writing and must clearlyestablish the terms of the agreement and theobligations of both the seller and the Companywhich becomes the agent for the seller.
A buyer becomes a client of a real estate Companyby signing a formal buyer agency agreement withthe Company. For a buyer to become a client,this agreement must be in writing and mustclearly establish the terms of the agreementand the obligations of both the buyer and theCompany which becomes the agent for the buyer.
If you enter into a written agency agreement, as aClient, you can expect the real estate Company toprovide the following client-level services:
• Obedience
Client-level services also include advice, counseland assistance in negotiations.
Single AgencyWhen the Company represents only one client inthe same transaction (the seller or the buyer), it iscalled single agency.
Dual AgencyDual Agency exists when the real estate Companyhas two clients in one transaction - a seller clientand a buyer client.
At the time you sign an agency agreement, youmay be asked to acknowledge whether you wouldconsider giving written consent allowing theCompany to represent both you and the otherclient in a disclosed dual agency relationship.
Disclosed Dual AgencyIn a disclosed dual agency, the Company'srepresentation duties are limited because a buyerand seller have recognized conflicts of interest.Both clients' interests are represented by the
Company. As a disclosed dual agent, theCompany and its associated licensees cannotadvocate 011 behalf of one client over the other,and cannot disclose confidential clientinformation concerning the price negotiations,terms, or factors motivating the buyer/client tobuy or the seller/client to sell. Each Dual AgencyAgreement contains the names of both the selIerclient(s) and the buyer clienns) and identifies theproperty.
Designated AgencyIn designated agency, a broker-in-charge maydesignate individual associated licensees to actsolely on behalf of each client. Designated agentsare not limited by the Company's agencyrelationship with the other client, but instead havea duty to promote the best interest of their clients,including negotiating a price. The broker-in-charge remains a disclosed dual agent for bothclients, and ensures the assigned agents fulfilI theirduties to their respective clients.
At the time you sign an agency agreement, youmay be asked to acknowledge whether you wouldconsider giving written consent alIowing theCompany to designate a representative for you andone for the other client in a designated agency.
Each DeSIgnated Agency Agreement contains thenames of both the selIer client(s) and the buyerclient(s) and identifies the property.
What to Look For in Any AgreementWhen you choose client-level service, yourwritten Agency Agreement or your agent shouldanswer these questions:• Can I work with other Companies during the
time of the Agreement?• What will happen if! buy or selI on my own
without the agent?• When will this agreement expire?• How will the Company be paid for its services?
• Does this Company represent both buyers andsellers as clients?
• If so, what are the choices if two clients becomeinvolved in one transaction?
• What duties wilI the Company continue toprovide me after the transaction is completed?
If you plan to become a client of a Company, thelicensee will explain the agreement to you fulIyand will answer questions you may have about theagreement. Remember, however, that until youenter into a representation agreement with theCompany, you are considered a customer andthe Company cannot be your advocate, cannotadvise you on price or terms, and cannot keepyour confidences.
It's Your Choice
As a real estate consumer in South Carolina, it isyour choice as to the type and nature of servicesyou receive.• You can choose to remain a customer and
represent yourself while the Companyrepresents the other party.
• You can choose to hire the Company forrepresentation through a written agreement.
• If represented by the Company, you can decide---'w""'nefnerto go forwara unaertne snareal's"'e""rvo;;l"cea.s,,-------
of dual agency or designated agency or toremain in single agency.
The choice of services belongs to you-the SouthCarolina real estate consumer.
Age:ncyDiscl'osu:reBroc·hure
Agency Relationshipsin Real Estate
'-LRSouth Carolina Department of
Labor, Licensing andRegulation
South Carolina Real EstateCommissionPO Box 11847
Synergy Business Park, Kingstree Building110 Centerview Dr., Suite 201
Columbia, SC 29210
Telephone: (803) 896-4400Fax: (803)896-4404
W\NVII.llr.state.sc.USJPoLrRealEstateCommissionI
(Rev. 1/05)