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HomeMy WebLinkAbout55002_MANGUM, TOM_20091104❑ CAMA / ❑DREDGE &FILL GENERAL PERMITV110 Previous permit # New v ❑Moaification ❑Complete Reissue ❑Partial Reissue 99C Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC ❑ Rules attached. Applicant Name Project Location: County Address Street Address/ State Road/ Lot #(s) City Phone # O _ Authorized Agent El CW Affected AEC(s): El OEA ❑ PWS: ORW: yes / no State ZIP Fax # ( ) ❑ EW ❑ PTA D ES -I PTS D HHF ❑ IH ❑ UBA ❑ N/A ❑ FC: PNA yes / no Crit.Hab. yes / no Type of Project/ Activity Pier (dock) length Platform(s) Finger piers} Groin length number Bulkhead/ Riprap length avg distance offshore_ _ max distance offshore Basin, channel cubic yards Boat ramp ,/ f Boathouse/ Boatlift .' Beach Bulldozing Other i Shoreline Length /`-7 SAV: not sure yes ' no Sandbags: not sure yes no Moratorium: n/a Photos: yes no x. yes Cno Waiver Attached: yes no — A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name f Signature ** Please read compliance statement on back of permit ** Application Fee(s) Check # Subdivision � City �. l i t �- ZIP � - , _ Phone # (�) } River Basin Adj. Wtr. Body nat man unkn L Closest Maj. Wtr. Body (Scale: ) See note on back regarding River Basin rules. he time period requirement for this development is suspended until 12-31- - 2010, pursuant to Senate Bill 831. The Permit Officer's Signature effective date of expiration for this permit is (!�� Issuing Date Expiration Date Local Planning Jurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules ❑ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Morehead City Headquarters Mailing Address: 400 Commerce Ave 1638 Mail Service Center Morehead City, NC 28557 Raleigh, NC 27699-1638 252-808-2808/ 1-888-4RCOAST Location: Fax: 252-247-3330 2728 Capital Blvd. (Serves: Carteret, Craven, Onslow -above Raleigh, NC 27604 New River Inlet- and Pamlico Counties) 919-733-2293 Fax:919-733-1495 Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 or NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary Date Name of Property Owner Applying for Permit: Ns 3 1Q05 morehead GRY DOM Mailing Address: 12, D. z:?nx y/L I certify that I have authorized (agent) to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) LiOc-T at (my property located at) Lb'r 5 ► c.ogT-c zx B4nDY-5331 13)4Y �w This certification is valid thru (date) .t l D Property Owner Signature llJ -j/-o Date 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper NOV/03/2009/TUE 08:20 AM BRADLEY PERSONNEL FAX No,3362496117 P. 003 Nov, ,2, 200-9 8:26AM Remax Ocean Properties No, 0403 P. 2 ADJACENT RTPAR AN PROPERTY OWNER STATEMENT (FOR A PLE"OOttl?VG 111UNGSIV OAIZIF'TBOAT110USE) I hereby certify that I own property adjacent to _JV l OL rL (. rI4 's (Name of grope wne ro located at k > � property , (Lots Flock, Roady eke.) "�Q V(1Q C on I )Dq UL _ ¢1�1A,►1 ; in oo v'N.C. —(Waierbody) (Torun and/or onuty) 1"Urghead City Applicant's phone #:25L"--SZ.� 1atiing Address: 0 ff1c S He has described to me, as shown below, the development be is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooting pilings / boatlift / boathouse must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless waived by me, (If you wish to waive the setback- you west lnftial the appropriate blank below.) I do not wish to waive I do wish io waive that •seiback requitement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filt'ed in by individual p ropoSing development) ' ?e�l it (Information for Property Owner Applying for Permit) a e)a 4t(p Mailing Address )a IL "(,au:2 City/state/Zip Telephone Number 9 r • r- J t Signature Date (RipaXlan property Owner Information,) signedi L'c A,14q- r:> A -�Jz Jzz Print or Type Name Telephone Number Date ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to 7-o rn Ma n a Um 's (Name of Prope Owner) property located at (Lot, Block, Road, etc.) on Q)a Ue- Sou-nd , in VJ� (-*C , N.C. (Waterbody) (Town and/or County) Applicant's phone #:JS3Cal `�a Mailing Address: Q Q ':Ak 41 CP He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by property owner proposing developme i -_ X -- - NOV 3 2009 2' Morehead City IDCM DOGK GJ/LL �C ---------------------------------------- (Information for Property Owner Applying (Riparian Property Owner Information) for Permit) Qn a 411.0 Mailing Address ,Bw pa&,, ()C City/State/Zip Telephone Number � 7 ignature ate Print or Type Name Telephone Number � Date J THOMAS MANGUM PATRICIA C MANGUM PO BOX 416 SALTER PATH, NC 28575 TA"Y, / r 2903 66-112/531 i/• y- �i �Onte ACCESS BANKING j ♦ BRANCH BANKING AND TRUST COMPANY 1-800-BANKBBT BBT-COM M' 1:053 LO L 12 11:0005 198564496oi'0 2 90 3 Had-d Clarke Nov, 4, 2009 3:20PM Remax Ocean Properties No, 0448 P, 1 RE/MAX Ocean Properties 1 KNJ 3326 Bridges Street Morehead City,NC 28557 Office - (252) 222-3222 ® Fax - (252) 726-8022 FAX TRANSMITTAL MEMO DATEJ Oq FAX NUMBER: 3 D DELIVER TO: FROM: � RE: i n COMMENTS: IN THE EVENT OF TRANSMISSION PROBLEMS, PLEASE CALL (252)222-3222. # OF PAGES: INCLUDING COVER SHEET Nov. 4, 2009 3:21PM Remax Ocean Propertles No,0448 P. 2 RE/Max Ocean Properties 3320 Bridges Street Morehead City, NO 28567 Phone: 262-222-3222, Pax; 252-720-8022 OFFER TO PURCHASE ANO CONTRACT - VACANT LOTILAND [C❑usull "Guldellnes" (fowl i20) for guidance in completing this fbrni] NOTE: This contractis Intended for-unlnlprovod real property4ot Buyerivil1purchase only%cpersonal use and does not have irlvnedinte plans to subdivide. It should no[ be used to sell property that is being subdivided unless tho prope►�ty has been platted, properly approved and recorded with aft Q tthe register of deeds as of dlio contract. IfSollcr is Buyer's builder and [he bete fnvolves tho construction of a new Single family dwelling prior 10 closing, Ilse the standard Offer to Purchase and Cou[raot (Form 2 f) Willi the New Constnletion Addendum (Porin2A34). 47, TX01118 t4ANOU14 PATI71111A C. bWGUM As 1311ye1'r hereby offers to purchase and TIMOTHY S, M0139a 8Ugliirtil~ MODES as Seller, upon acceptance of said offer, agrees to sell gild Convey, all of that plot, piece or parcel of lnnd described below (hereaftel, referred to ns the "Property), Upon the terin8 find condidoni set fortli fierein. 'fills offer sliall become a bindflig contract oil the date that; (i) the inst one of llle Atiyer and Seller has signed or initialed [Ilia offer or the final counteroffer, if any, and (ii) such signiing or initialing is . 0=1111ieated to file party making [lie offer or counteroffer, as the case may be. Such date shall bo referred to herein as the 'Effective D1tc_" [ X, REAL PROPERTY, Located 61 CARTEREIV Copnty, State of North Carolina, being known as and snore particularly described as. Address: Street A31 MAY Ryn City; PETV r NC. Zip 20570 NOTE; Goverllnlentai ailtllOrLTy QVei'taXOS, Zoning, 3C1r001 di3trlCfS, utiNtles and luail delivery nay differ from mddress shown, Legal Descrip[lon: �826o4eti2548600 SrrbdiV131011Name rIE A RR BANKS — —' Plat Reference: Lot 51 , Block or Section nZa as shown on Plat Book or Slide n /a — at Page(r) n& (Property acquiced by Scller to Deed Book 1092 at page b1 )• NOTE. Prior to signing iiiis Offer to Purchase and Contract - Vacacit Lot/Land, Buyor Is advised to review Restrictive Covenants, if tiny, tvhleh inay limit the use of thv Property, mild to react the Declaration of Restrictive Covenants, By-Lmvs, Articles of Incorporation, Rules Qitd 908LIIMci s, And other goventing doctnitellts of the olvRers' Qssocintion and/or die subdivislon, if applicable. If the Property is subject [o regulation by on oiviiers' u 004tian, it is rcco111=ded thAt Buyer oblain s copy of a Completed Oivtlers' Aasoelatlon Disclosure And Addeudrmn (standard forrn 2Al2-T) prior to signing this Offer to Prtl'01183e nnd Contract, and include it as an eddenduri► hereto. S, FURCHASE, PIKE The purchase price is $ ! Y rind shall be paid in U.S, Dollars, Should any check or• oilier funds paid by Buyer be dWionorcd, for any reason, by the Institution tlpoll which the paynient is drawn, Buyer sliall line one (1) bnnking day nfier written notice to deliver good tluads to the payee. In [Ire everit Foyer does not timely deliver good funds, the Seller shall have the riglit to terminate thls conRAct upon written notice to the Buyer. Tile purchase price shall be paid as follows: $ --- , EARNEST MONL'Y DEPOSIT with this offer by 13 cash 0 persotrnl check El bank cheek hi certified cheek other; n a _.. to be deposited and field In escrow by EbIZlaAm9amm EAF,TY ("F..scroivAgelil°);until Ilia saleis closed, tit ivIlich time it willed to )3uyl r, or until this contract is otllenvlse terminated. In the event: (1) this offer is not accepted; or (2) any of ilia hereto arc not satisfied, then ell earnest manias shall be ,cfirnded to Buyer. In the everll of breach of this cblitmct by Sernesl monies sliall be refunclecl to 841yer upon Buyer's request, but such rearm shall not affect any other remedies availablefor such breach, hl [ho event of breach of this coilhuct by Buyor, [lien all eamest nionies shall be forfeited to Seller upon Sest, blrt such forfeiture shtill not affeot any alter remedies available to Seller for such breach. NOTX: hi [be event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow, a licensed real estate broker ("Barker") is required by stole law (and I!scnow Ager►t if not a Broker, hereby agrees) it) rclain said earliest WT Thisforni follllly approved by: Norio Carollna Vat Azsaelallon, Nonil Carolina Aseoolallon of REALTOR&Si, Inc. PREPARsa BY: Petricte Mangum, BROKEN STANDARD FORM 12-TRevl&cd719006QIJ2008 ReaIFASTO Softmre, 02e0a, Vealon 6.1t. sotiWera Reglslered ter: Office Manager, Ni JMau Omen propenles ^ boysrJnlllela •g Aw, 10/24/00 i8:16:id patio i�� Seller Ini111e1s1 oe. Nov, 4, 2009 3:21PM Remax Ocean Properties No.0448 P. 3 money In the Escrow Agent's MIS[ ol• escrow account until .Escrow Agent has obtained a tvrillen relense fi•oln the pariles consenling to its disposition or until disbursement is ordered by a Mill of cornpelent jurisdiction. Alternatively, If I Broker is holding the Earnest Money, the Broker wily deposit the disputed ruogies with the approprlaio clock of coin in accordance with the provisions of N.C,G,s, $93A-12, THE PARTIES AGIICE Tlij "I A REAL ESTATE BROHERAGII FIRM ACTING AS ESCROW AGENT MAY PLACE ANY EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EAR EID THERXON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE L' XPF4NSKS INCURRED BY MAINTAININC SUCH ACCOUNT AND RECOADS ASSOCIATED TBEREWIT'M (b) $ nla _ , (ADDITIONAL) EARNEST MONEY pl3POS1T to be paid to Escrow Agent no later than. al1il- , T'XlVlli BEING OF TffR,g'SSENCE WIT14 REGARD TO $AID DATE. (e) $ rile , OPTION FEE in accordttnca witll paragraph 13, Altemative 2, to be paid to Seller ors the Effective Date AS set forth hi paragl aplt 22, (NOTE; If AUernativo 2 applies, then do not insert $0, NlA, or leave blank). (tl) $ rile , BY ASSUMPTION of the unpaid principal balauf:e anti all obligations of Seller on tbo oxisting loan(s) secured by a deed of trust on tine Property in accordance with the atlached Loan Assumption Addendum. (e) $ nG� .- .. , ]BY SELLB13 ];INANMG in accordance with the attached Seller Financing Addendum, M S , BALANCE of the purchase pike hl cash at Closing. 3. LOAN CONDIT10M (a) LOnlr, I3uyel•'s perPonnatice is contiugeiit upon Bayer's ability to obtain t) Convectional D Other: loan at a 11 Fixed Bate El Adjustable Rats in the principal onlounl of nla _ for a terns of n/a _ ycar(s), Pt art initial interest rate not to exceed n a % pet- ann in, with mortgage loan discount posits not to exceed n/Ea _ % and with lonn origination Fee not to exceed xrl a % of the loatr amount ("Loan"), (b) Loan Obligatimis: The Buyer agrees to; (i) Make written application for Iho Loan, authorize Any required appraisal and pay any necessary fees within n/a days Dfler• Ilre Effective Date; (il) Promptly fti irlsh Seller %vrittert confirinallon from the lender ofhaving applied for thr Loan. If Buyer falls to fumfsli Seller wrlllon eolifinntltion from the lender of having applied for the Loan, Sellol may make wrltten demand for compliance. If B[tyer does not runtish Seller written eonfinnation from the lender of application witlrut five (5) days after such demand, then Seller may lennlnate this contract by Written notice to Buyer at any time thereafter, provided Seller has not received either Written evidence of [lie application or a waiver of the Loan Condition, and All Rattiest Money shall be Forfeited to Seller as liquidated damages and its Seller's sole and exclusive remedy for Buyer's Pniluto to close, brit without limiting Sellees rights under paragraph 14 for damage to the Properly. Buyer further agrees to: �rn) Pursue clualification for and approval of the Loan diligently and in good faith; W) Continually mad promptly provide requested docgrneulation to lender. (c) Buyers Right to Torminnte: If Buyer has catnplied will► Buyer's Loan Obligations in subsection (b) above, dtert within n1A days after the Effective Date (or filly agreed-llpon written extension of this deadline) TI I� BMO Or T'Hl; E9SENCL', Bayer shall hnva the right to teiniinate this contract by delivering to Seller written notice of terminfition if Buyer, in Buyer's sole discretlon, Is not sotlsf4ed that tho Loan will be approved and fimded. IF Buyer Iles timely delivered such notice, this contract shall be terminated and all Earnest Money 4lill be reftinded to Buyer. If Buyer Fails to dolivor such notice, then IDgyer will be dernned to have waived this condition. Thereafter; If Buyer tails [o close based upoll inability to obtain [lie Loan, then all Earnest Money shall be forfeited to Seller, if Buyer provides Selicr`t•easonabla Confirming Buyer's inability, to obtain the Loan, then the Earnest Motley shall serye as liquidated damages and as Seller's sole and exclusive reltredy for Buyer's failure to close, but without inciting Seller's tights under paragraph lei for dnrnage to the Property, (WARtNINQ Buyer is advised to consult with Buyer's lender to insure that the number ordays allowed forllttyer to obtain the Latin is sufficient to allow Buyers lender time to take all reasonable steps necessary to provide reliable loan approval.) FLOOD HAZARD DISCLO911R (CONDITION (Choose ONE of the I'olfoWing alternatives): To the best of Seller's knowledge, the Properly IS located Partly or entirely within a designated Spccial Plod Hama Area. Buyer understands Ihat It may be necessary to purchase flood insurance in order to obtain ally loth secured by tho Propoify from any federally regulated lostitnfion or a loan itrsrlred or guoronteed by na tigency of file U.S, Clovernment. 0 To the best of Seller's knowledge, file Property IS NOT located partly or entirely wltittll a designated Special Flood Hazard Ana. If, following tho Effective Date of this contract, it is determined that the Propaity is loealed partly or entirely whitin n designated Special Flood Hazntd Area according to the current FZ MA flood Wrap, or if this conlracl is subject to n Loan Condition turd Buyer's lender requires Buyer to obtain flood insurance as a condition of ranking (lie Loan, then Jn either event Buyer shall have Iho.dWit to terminate this contract upon written notice to Softer, and nil earnest nionios shall be refunded to Buyer, 5. OTHER CONDITIONS; (n) There must be uo resh•iclion, easement, zoning or other governmental regulntion that would premil the reasonable use of the Properly for szw` Gbt purt)oses ("Intended lJse'). 7nfs form iotntlyapprovotf by: North Garolfng Bar Asaoclatlon, North GorolfnaAeaacis lten a rREALTORSID, inc. PREPARED OY; Palrlcle Mon�ulrr, BROKER STANDARD FORM 12-T Revised 7120D60 7/2008 ResIFASTQ SiAware, 02Qr0a, Vafalon 6.1e, SoflwAro ncglalored to: Office Manager, RBMax Ocean properties Buyerinlllefa d�f_'r1�fV/V/ll� ie12416813;1d:19 e o ��' Seller (nlllar Nov. 4. 2009 3:22PM Remax Ocean Properties No,0448 P. 4 (b) The Property must be In subslintlally the sat -no or better condition at Closing as oil the dote of this offer, reaspAAble wear and tear excepted. (c) Tire Property must appraise at a value equal ro or exceeding ilia purchase price or, at tho option of Buyer, tills eoirh,fict may be terminated and All earliest litanies shall be reilulded to Buyer, even if ilia Loan Condition lies beell waived os ptvvided hi paragraph 3, If tilts contract is NOT subject to a financing contingency requiring air appraisal, Ellyer shall arrange to have file appraisal completed on or before (0) All deeds of hzlst, Ileris and other chergea against the Property, not ossnmed by Buyer, must be paid and sntistied by Seller prior to or at Closing suoh that cancellation may be promptly obtained Following Closing. Seller shall rompitr obligated to obtain wily apdh cartcellatiolls following Closing, (e) The must be delivered at Closing by G13NERAL WARRANTY DEBD unless otherwise stated heroln, and lm,st be fee simple rnarketoblo and insurable title, free of all enc❑uibrances except: tad valorem taxes for the ctnrent year (prora(ed through the dote of Closing); utility casements and unviolated restrictive covenants that do not nnaterifilly affect the V01110 of the Property; and such other eneiinlbrances fig may be fissunled or specifically approved by 'Boyer, The Property uiust have legal access to a public right of my, 6. SPECIAL ASSESSM NT6: NOTLi: For pinllases of 11115 agreement, a "coil it'nred" special assessment is defli,ed as an assessil! lit that bos been approved by a governmental agency or an owners' �ssWat)oll for the purposes) sloted, whethol, or not it rs Allly payable at time of closing. A "pending" special assessnlerlf is defiled as all assessment hint Is Ooder f❑imill consideration by a goveitling body. Seller warrants that Illerc are n❑ pending or eolfllmed goverlumelltal special assessments for sidowflIk, paving, water, sewe►; or other lnlprovenients on or adjoining rho Property, and no pending or confunied Owi1e1's' association special assessmetnis, except as tbilows: (Insert "IYon►e" or the identlflefition of such assessmetrts, if any); Unless Olherwiso agreed, Seller 911all pay all owne!'s' 2ssociadoll assesaillonts pod fill 90vernilleutal assrsswelits Coll finned tlrrougll lice [tine of Closing, I f fitly, and Buyer shall Inke title subject to all pending Ossessillents tilselosed by Seller herein, If any, 7. PRO AT IONS AND ADJUSTMENT$; 0111e9s otheilvise provided, the followhig items shall be prorated end either adjilstcd between the parties or paid at Closing: (a) Ad valorem taxes on real luoperty slioll be prorated on a calendar year basis through the [late of Closing; (b) All late listing penallics, if Slay, shall be paid by Seller, (0) Rents, if any, for the Properly shall be prorated through the date of Closing; (d) Owners' association dues and other like cliarges shall be prorated tlal'Otigll the date of Closing, Seller mpresews 111At AIC regular olvilers' assoclall❑n dues, if any, are $ 34 per YEAR Unless otheriviso figreed, Bayer shall pay any fees regt1ired for olrlginfng account payment hlfornlatlon all oavners' ASsoeiation duds or a9sessmems for payment or proration and any charge made by the owners' association in connection with the disposition of the property to Boyer, incltiding any transfer minor document fee imposed by the owncls, association. S. EXPENSES, U11less otherwise agreed, Buyer- shall be responsiblq for lili costs with respect to any loan obtained by Buyer, appraisal, Title search, title insurance, recording [lie deed and for preparation and recording of all htstrurucrrts required to secure the bfilanea of the purchase price tinpaid of Closing. Seller shall pay for preparation of a deed and all other documents necessary to peifonn Seller's obligations wider this ogreemant, and for excise tax (revenue stomps) required by lane. Seller shall pay at Closing 5 p/a loward any of Bttyees expenses associated aviih the purchiisa of the Property, ineludhrg ally Ff4A/VA lender end inspection costs eltfit Buyer is not permitted to pay, bill excluding any portion disapproved by Stlyel's lender.. 9. AVI DLNCE OF TITLE: Seller agrees to use his best efforts to deHvea• to Buyer fig soon fig reasonably possible after the Effective Date of this compact, copies. of all title Information In possession of or available to Seller, including but not lini ted to: title histlrance policies, fittorrrcy's opinions on title, surveys, covenants, deeds, holes and deeds of tnM find easeineirls relating to ilia Property. Seller authorizes (1) ally attorney presently or previously representing Seller to release and disclose oily title ilisurance policy In such elloisley's file to B[lyer unit both Btlyar's and Seller's agents and attorneys; acid (2) the Property's title insurer or its agent to release and disclose all materials In the Property`s title insurer's (or title Insurer's agent's) file to Buyor and both 13ttyer's and Seller's agents and fillorueys. 10. LA13OR AND AIATERIAL: Seller shall fimlish at Closing an affidavit and ludeuurification agreement In forin satlsfactol�f to Buyer sh❑ruing that till lnbor and materials, if any, furnished to the Property within 120 days prior to the data of Closing flays been paid for sud Agreeing to imdetruiify Buyer against all loss from oily cause or claim arising therafran. 11, C,LOSING-. Closing shall be defined as ilia dale and time of recordurg of the deed and slrotl be. on or before I1/1ll/09 (tile "Closing Date"), All parties agree to execlnle fitly and all docuilielits and papers necessary im com►cclion with Closing and transfer of title on oi, before the Closing Date at a place find Ibne designated by Buyer. The deed is to be made to A8 MOVE Absent agreement to the contrary in this conlracl or Any subsequent moditicalion thereto, the following berms shfill apply; If ei[lier patty is unable to 01030 by the Closing Date, then provided that the patty Is aetiog in good faith and with reasonable diligence to proceed to closing, such party slifill be cnlided to reasonable, delay of the Closing Date and sliall give as touch notice as possible to This formloinlly approvo0 4y: North oero11na BerAesoclauoq North GaroEntrASsoclatlon of REALTORB&, ins PNEPARED HY. Palfiala Mangum, 6RQi(PR STANDARD FORM 12-T ReAtea 712000 ® U2008 aeolrAM B NIM, 02'0}0;9,,,Ve,eton 6,16. Sobiare Reglsteted to: a(foe M mmgar, REiMm Ocean P/aperiits ! J BpyerinUngle ,, fj U+JJrrt f0f24/0913.16:14 aelierinUfa fM' Nov. 4. 2009 3:22PM Remax Ocean Properties No, 0448 P, 5 the non•delnying party And closing agent. In such event, ltowover, either party for n•hom the Closing Date is dalayed shall hove a maxhutun of ten (10) days from file Closing Dare, or Ally extension of the Closing Date ngreed-Upon III iWiti►ig, in which to close wifltoal payment of Interest, Pollowhig explrnitolt of the ten-day period, the party not trendy to close shall be responsible for paying to file outer patty (if ready, tivillirtg and able to close) interest on fife pl[rehase price at the rate of eight percent ($VD) per ennunl accruing fi'oun the end of the test -day period 1111111 closing occurs or the contract is telluinated, Should Ilse delay hi closing continuo for store than thirty (30) days F'oill the Closing Daro or the last agreed -upon extension of the Closing Dnle, then the 11011-delayhtg party shall have the unilfiteral right to tenilhjate the contract rind receive the ealuest Money, but the right to such recelpt shall not affect ally other• remedles available to Ilse lion -delaying party for sitCll b►'eaclt, CLOS WA L CONs 1TUTR ACCEPTAiwiC) V VHR OPERTY IN YTS TH1; )VXISTI G CONDITIQN UIyI,);Sg PRO ISION IS fIERWIS , MADE WRIT G, 12. POSSESSION, Unless othen^iviso provided Ilereiri, possession shall be delivered sit Closing. No Alterations, excavellons, tree removol or other such .activities may be clone before possession is delivered. Softer shall remove, by the date possession is lllnde available to the Brayer, all personal propertylvhielt is not A part of the Purchase and all garbage and dcbrfs 8cm the Property. 13, PROPERTY INS-PECT1ON/INVESTI<GATION (Choose DAILY ON-8 Of die following Altelttatives), ®ALTERNATIVE 11 (a) so11, Utilities AlId ElIvirolnuelttnl COnt➢trgeueyt Tills contract is contingent upon Buyer obtaining reports) that (i) the soil is suitable for Buyer's intended Use, (ff) utilities are available to the Property, Gli) (here is no envimiunenial eontamfnAtion, fain, rule or regnlntfon that prohibits, restricts or limits Bge►''s Intended 11se, and (fY) (here is no flood hazard tltot prohibits, ].Qs or 11,niis Bilyers Intended Use (Collectively the "Reports"), At) costs and expenses of oblainlllg the Reports shall be borate by Buyer. Buyer shall use Buyers best efforts to ob[a11t such Reports. If the deports cannot be obtained, Buyer may terminate Ills contract and the Earliest Money Deposit shall be reforlded to Brtyer. Buyer waives this condition unless Buyer provides wriuen notice to Seller by °" ® 2 9 lhat (his condition oa[mot be satisfied, TlA!•tr. pEING Op. THEEjgS11NCE, ,bb) Septic/ScivcrSystIII (checkonly 0Nr' ): CpJ 9ger has invesligated the 00318 nild expenses to Install the server' syAlein npproved by rho Improvement POlmit attached hereto as Exhibit A and hereby approves and accepts said Improvement Perjnll. ®5cller represents that the system lies been irtstitlled, which reprosenladon survives Closing, bill makes 110 further representations ns to Ilse system, Bl�ycr aelutowledges receipt of the hnprovemcul 1'ertnit attached hereto as Exhibit A, Buyer shall have the option of inspecting or obtaining, at )dryer`s expense, ittspecdon(s) to determine flit coudidon of the system. If the system is not performing the fiutctlon far which ln(euded and is au need ofntnlnedinte repair, Buyernray terlllinata this Contract and the Earnest Money Deposit shaft be troRinded to Buyer, i3nyer waives Ibis condition unless Braryer provides written notice to Seller by lloveir&ler 15, zoos that iJ�iis condition carurot be sarisficd, rrMTs I1�'XjyG �jrT�•�,�„r�NCL, O This contract is contingent upon ❑ Buyer- ❑ Seller ("Responsible Party") oblainhrg �p hnprovement Permit or lVditeu evaluation front the County health Department ("County") for a (clieck only ONR) Elconventiollal or 1J other n ground absorption sewage ayslent for a nla bedroom horue. All coils and expenses of obtaining such Permit or wrftton evaluation shall be borne by ]responsible Party unless otherwise agreed, In any event Seller, by uo later than Zza be responsible fax olearing Ihal portion of the Property required by the County to perform its tests and/or iospectiorls, Responsible'Parrty shall use best offorts to obtain 81101 Perna t or written evaluation. If the Improvement Permit or written evaluation fi-oln the Collar cannot ke undeobtained 31 fir, (date)} either party may terminate ibis Conlract and the Ennesi Molloy Deposit shell be refirndcd to Brayer, Salyer has invosllgaled lnul Approved the availability, costs and oxpenses to connect to a El public or conunilnity sewer systnru, Water (check only ONE): >Iilyer has invesllgated find approved tine availability, costs And expenses ❑ shifted pAvale wolI. to Cotnteet to a El public or ❑ commry wm �utfater systeor ❑ Bayer has nrveaflgaled fire costs oll(I expenses to install tine Ildvalo drinking water Nell approved by the Cansti'nctfou Permit attached hereto as Exhibli A and hereby Approves Aud accepts said Construction Pen»lt, ® Seller represents dial A privolo drinking water well has been installed, which representalioni survives Closing, but makes no further representations as to the ivoll. With respect to wells installed after July 1, 200$, Buyer aeknnowlcdges receipt of the Connry Health17epartnrent's Cettificnte of Completion attached hereto as Bxhfblt A, nnyer shall !rave the option of hrspectmg a• obtAlning B at Boyar's nse, lnspec(ion(s) to delennIlie the Contil(fon of the well. If the well is not p6rfoi7lrfng the finlet[mt far which intended tend is need akpe Of immediate repalr, Buyer may terminate this Conh'act and the Earnest Money Deposit shall be refunded to Buyer. Bayer ►naives Ills condition unless Buyer provides written notice to Seller by os drat [his con(ition colrnol be satfsfled, jZ jWE DEJAIO OF THE MSHNCT This Coltmet fs comIngentuporr bBuye►• ❑ Seller ("Responsible pally") obtaining n Construction Permit front tile, County Heollh Departlnent ("County") for a private drinking water well, All costs and expcuses of obtaining such Pcrmir, including bur not limited to any requlred survey, shall be borne by Responsible Party unless olhet'wiso agreed. In flay event Seller, by tto later than n/a shrill be responsible for olearilag that portion of tJta Property regttfred by file Connl to conduct a field investigation to evaluate the Bile. Responsible Party shall use best efforts to obtain such Pe mit. If the Con$tnction Permit Fran the County cannot be obtained by �'�.. (date), aifhcr party may ternrhrfite Iris Contract and the Eailiest Money Deposit shrill be roll►nded to Tltte farm lolnlly approved hy, North cArolil1815ArAeeoctalion, North Larollna Aasoclatlon of REALTORS0, inc, PREPAUo PY: Pairiota Mangum, BROKER sTANDARD r-oRm 124 Ravlbed 7r200rb 0 7Moa Re81FA$7®SottWaro, 02009, Verslon a.ie. Sortwers kogizlered,o; OKce Mj4 nager, RsrMax0oG a Propertles puyer lnilialsZZ&VI 10124103 1 r: ttr;14 ft Seller inllial Nov, 4, 2009 3.23PM Remax Ocean Properties No,0448 P, b Buyer, (d} CLOSING gDA CONSTITUTE ACHE NCB OF THE pRpPERTX 11V 1TS THd±,I�( EXISTING, C�i��]YZION UNL1;55 ', OVISION 15 DTHERWISB+ MAI)lr, IN WRITING. 11MLiTURNAT-1VE, 2, Tids Alfernafive applies 01VI Y prr11 fer'rradva 2 Is checked ,FWD Buyer h(ta prd(l file optlofl F'ee.) (a) Proparty InvestI901031 �vltlt Optlou to Toiltuluntet Tn consldernlion of the anal act forth in paragraph 2(0) paid by 13uyor to Seller (pat Bseraw Agent) and other valuable consideration, the sufficiency of which is hereby gi kno)vledged (Ihe "Option fee"), Buyer shall hove file right to te,Yninate this contract fat' oily reason Woo reason, whciher related to the physical condition oflhe Property or otlierivise, by delivering to Seller tvrillen notice of tenninatlon (Ihe "Te111141Rtiot, Notice") by 5:00 p.m. on bloc , TIAIR B&ING OF rl�,6;BSS1sNCE (the "Option Tc,niination 1)Ate"), At any lime prior to Closing, Bayer shall have lira right to inspeat the Property at Bpy4l's expense (Buyer is advised to have till inspections of tlic Properly, including but not Bullied to thoso Matters set forth In Altcrnnilve I, perfomled prior to the Option Termination Date), (b) Excrelso of Opiiow If Bliyer delivers the Termination Notice prior to the Option Tcuninalion Date, 71111E, BEING OF THE ESSt'NCB, this eontrect slip]] become null and Vold ansi all earnest monies received in connection herewith shall be refundetl 10 BT,yer; however, the Optlon Fee will not be reflinded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller Prior to il,e Option Turnihiplion pate, Iheil Buyer will be deemed to have accepted tits Pl-OPDrty ill its physical condition existing as of the Optical To ifi ation Tinto-, provided such acceptance shall not coustitule a waiver of any riSlits Buyer' has under paragraphs 3, 4 or S abase, The Option Fee is not reflirldalile, is not pAL1 of any eamest monies, and will be credited to the purchase price at Closing, (c) CLOSING RRALT, rnnrWITTi',�rt ArOPDgmAM.-Il fin m�— ,,,. ,,. �.. _.. 14, RIGHT OF LNTRY, RESTORATION AND INDSM LAITY; buyer and lluye,'s agents and conhRCtora shall )lave the right to enter upon the Property for tine pu,pose of appraising and evolua(i„ g the Property, and perrornling the tests end inspections permitted in this eonU'Flct. Buyer shall, at Buyer's expenso, promptly repair any damage to the Prope,ty resnitiug 8om oily' activities of Buyer and Bayer`s agents find contractors. I3uyor' Will Inclenuiify and Bold Se11er ""mess fi�o,n all lass, damage, claims, stairs or costs, which shalt arise out of any contract, agreement, or hUury to any person or property as a result ofauy activities ofDuyer null )3uyer'a agents and contractors relaliJlg to the Property. This indemnity shall sti,vive this conb'nct and any termination hereof, but Buyer shall not be responsible for oily loss, damage, clalm, suit or cost arising an[ of pre-existing conditions of tl,o rropel' , audlor out ,r Seller's negligegCe or MIMIC Acts or o,nissions, 15. OTHtft PROVISIONS AND CONDITIONS; CHECK ALL STANDARD A))J)BNDA THAT" MAY BE A PART OF THIS CONTRACT, I>: ANY, AND ATTACH HERETO, ITEMIZE ALL OTHER ADDENDA TO THiS CONTRACT, IF ANY, AND ATTACH HERETO, (NOTM UNDER NORTH CAROLINA LAW, REAL ESTATE AGENTS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO TAIs CONTRACT.) ❑ Additional Provisions Addendum (Porto 2A11-7) ❑ Loan Assumption Addendum (Donn 2A6-T) EJBuck -Up Contract Addendum (Form 2AI-T) ® Owners' Associatlon Disclosure And Addendum (Fonn 2A 12-T) Contingent Sale Addendum (Form 2.A2-T) ❑ Seller'rinpnoing Addendum (Fonn 2A5 T) ®FHA/VA Finencitig Addendatn (Form 2A4-T) OTHER: BUYER IS 8 ITC LICENSED MAL ESTAT14 AGENT', BUY'" 1-01'" BR ABLt TO KNEW THE CAMSA PERNtIT MR THE bOCK, pLATpoRM, AND BOAT kxhTa. 16, RISIC Olt LGS,St The risk of loss or damage by fire or other casi,rilly prior to Closing shag be upon Seller, 17, ASSIGNMENTS: This contract nlu not be migited without the written consent of all parties, but if flssigned by agi-eement, then this cont)rict shall be bindhig on the assignee and his heirs and successors. 19. TAX-DEF11-11 13 EXCIIANGE: in pie event Buyer or Seller desires to effect a lax-defer7ed exclinuge In conneetioi ivitli The eonvoyanee of the Property, Buyer find Seller agree to rooperato in effecting such exchange; provided, 110 lyevor, that f1►e exchauging party shrill be responsible for all nddidotial costs assoclated with such exchange, find provided further, dial a non - exchanging party shall not Assume any additional liability with respect to enrit fox-defen-ed exchange. Solier and Buyer shall aYecute surh ndditionpl documents, at no cost to the non -exchanging ppty, as s)tstl be required to give effect to this provision. (NOTE. 1FAlternprive 2 lmde,-pFlragrapll 13 of ibis contract will apply, Seller should seek advice concerning the taxation of the Optima pee.) 19. PARTIES: This con1mct shall be bbidulg upon and shall inure to the benefit of the parties, ho., Buyer and Seller- and their heirs, successors and assigns. As used herein, words hi (lie singular include (lie plural and the ninseuline includes Ore fetuhiine and neuter genders, as appropriate, 20, SURVIVAL; If any provision herein contained which by its nature and effect is required to be observed, kept or performed after TIr1s ro,m Jaintiy appr0W01 by; North CerpiWA RVA9SOFIAH611, North CnrOirne A99on)ANOn Of REALTORS9. Inc. PREPAREU Dy' Pafrlcla Mongum, BROXeR STANRARD FORIA 12-T fievlse6 712009 0712oog ReeIFA9T� $oniYare, 020a0, Verelon p.18, SoRWr310 Reslelared to: 4lficfl Manager, AE1Max pCe�n Properrlas Buyer InNats W\ 10124(o9 19:10:14 Seller Initial Nov. 4, 2009 3:24PM Remax Ocean Properties No.0448 P. 7 ]ndividuai Selling Agent•, =IA MA�79VM Individual Listing Agcni: � 9EAR Licenser: 66 _ License #:9.000sa Fil-DI NRI11e: �AlA3C oCF,J�N BTtOBEATI&8 _ FfrulNalues d : atua ImXIMY Acting as 9 BuyWs Agenl Q Sellers (sub)(sub) Agent Q Qoal A$e., Acting as 0 Seller's (sub) Agent Q Dl1RI Agent Mnillrlg Address;n/m �,92e samosa aT pgQ Heat, mac, D�� Mall'ulg Ad(Il'egg; 41 L+Lac DRI yg Selling AgcntFox#: -12 1MU2.L WE'D isL>a, r1c - Listing Agent Fax# SellingAgeul B-mall Address: uaListing Agent -loaf] Address: �4tt3f�itH� °fly r * tn1 r' SCROW ACKNOWLED GMENT ESC1'01Y Agellt nelctlolYiedges receipt of the earliest money 1111d ngl'M to 11014 Alid disbrll•se the snlne iu accordance N1tL tits terms hereof, Dare-6 By: ( afros) td 7h15 r0rtnloln0y approved bye North Carolf na Bar Aseocletlon, North Carolina ABeoclallon of HWALTOR&'A, Inc. PRPPAMD BY: Patrinla Mangum, VROXER STANDARD FORM 12-T Revised 1120050 TJ2008 ReaIFA$76) 8onvrero, OW08, Veralon 5,18, BOfhvare Regr6lefed to: Ofkt Aienager, RFJMbx Omn Plapeales .� Buyerinflrats � 10/2nJOB 1s:16.14 IIerQr7 Seller 1nl0el���� f�