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38345_MCFARLAND, DENNIS_20040521
�^epT:.;'�"=,� .�. '^.�'�j ... ,'�_ f t$�la`+�+ir;�'7ay. 6•.-'--4't'.. y _-�^"�".. .�5'"'�gp�r�.:. s�.+r , �^0."'�!..•24�+..L�ry,—•-..._ 'CAMA / ❑ DREDGE & FILL GENERAL PERMIT Previous permit # ]New ❑Modification ❑Complete Reissue ❑Partial Reissue 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 15A NCAC ,,�) l �`�• ❑ Rules attached. Applicant Name *)fC Project Location: County tt��/� Address_ 7 91- f"� ° l `' (,r'i. Street Address/ State Road/ Lot #(s) 1/4 r ?� j City ��'. r l State Viu ZIP = �' Phone # ( %� 6 / Y 0 Fax # () Subdivision ' •`� .+�•,?/ �a.` +�J / A. � 'e •L 0='�--i� � .. • Authorized Agent � ?�'" � ' - .lei ,'" r ' City • , • � ZIP N<w itreW FJ'PTA ❑ ES:,t ElPTS Phone y} River Basin )AIle j Affected AEC(s): ❑ OEA ❑ HHF ElIH"'�` ❑ A ❑ N/A Adj. Wtr. Body �`' ' ` ` ' fiat} man unkn ❑ PWS: ❑ FC: / n J . ORW: yes / no PNA yes / no Crit. Hab. yes / no Closest Maj. Wtr. Bod } Type of Project/ Activity Pier (dock) length __ Platform(s) Finger pier(s)_ Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other !4 41 r `i! -a� V Y 3 ' . Shoreline Length y 3 'f _ ; i SAV: not sure no -- Sandbags: not sure yes o a Moratorium: n/a yes no Photos: yes o Waiver Attached: es no —- }7 A building permit may be required by: Notes/ Special Conditions !> i I a C rr Agent or A plicant P i ted Name Signature Please read compliance statement on back of permit" J'I0.GU j6()7 Application Fee(s) Check # (Scale: %',) P e t_ K, See note on back regarding River Basin rules. Perm t Officer's Signature , ;, v Issuin pate Expiration Date Local Planningf urisdiction Rover File Name z j 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: t--Igeuse 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 (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico 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 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 INNERBANKS MARINE CONSTRUCTION, INC. P.O. BOX 190 ORIENTAL, NC 28571 252-249-1429 - d el o I F 1607 66-30/531 DATE 472 PAY TO THE ORDER OF $ c' ------------- -- Q, ---- -------DOLLARS nils-rOTIZENS- BANK0,�.NCBank & T-st Company First -Citizens Mal28571 www.firstcitizens.com FOR 11100 1 E30711' 1:0531003001:001-.712012822110 rw o\vh ,5 'Tllw\,,A I C�'# i?, 5�():,y �f. 71 jS iN-4-6c, e> 050a- ��y\ 1 I hereby certify that I own property adjacent to ( n iq a-4 CAUAQ e-TT - is (Name of Properiy Owner) property located at Lk-) D0, • , (Lot, Block, Road, etc.) on n000 Q)ct.c-, 1C • , in Or�zeYr o) , N.C. (Waterbody) (Town and/oir County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal I understand that a pier/mooring pilings/boaffiMoathouse must be set back a minimum distance of fifteen feet (15') from my area of riparian access unless waived by me. I do not wish to waive the setback requirement. I do wish to waive that setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVEI.OPVIEN'T: (To be , f 7i led in by ind`i'vidu l proposing development) CO Pw, � S "+ 11 A E:� 7 c Sib c�2"' b l Print or Tylle Name 1, 5(J, � S-(�D9- c�lc1 Telephone Number Date: I hereby certify that I own property adjacent to - e-t-T - 's (Name of Property Owner) property located at 2F (Lot, Block, Road, etc.) on i3fv►-o CcEe-V-• , in CaluSca1 , N.C. (Waterbody) (Town and/oir County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area of riparian access unless waived by me. I do not wish to waive the setback requirement. I do wish to waive that setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: I(To be , f 7i led in by individual' proposing development) i c oqC'�k�Cl�� �C'� 41' �1 I P 1-TP Y/ I J1�i,dt.l1TG // Print o Type Nam Telephone Number Date: UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • .i--B x rr1RQ1'v1E �c 6c )K � 01 C, ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. X Received ❑ Agent D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Eertified Mail ❑ Express Mail //❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7004 0550 0000 3921 6415 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Caroi 'Wright - Oriental Buyers' Broker 502 Hodaes St. Suite 1 PO Box 71 Oriental, North Carolina 23571 Phone: 252-249-1700 Office 252-249-7225 - Home, Fax: 252-249-1700 OFFER TO PURCHASE AND CONTRACT Dennis P. McFarlandandwife Elizabeth M. McFarland as Buyer, hereby offers to purchase and Gary Blodgett as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located thereon and such fixtures and personal property as are listed below (collectively referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of oriental County of Pamlico , State of North Carolina, being known as and more particularly described as: Street Address Lot 18 Shore Drive (and boat slip #2) Oriental, NC Zip 28571 Legal description: — Lot 18 and Boat Slip #2 of—Forestshore Estates, as further described below (❑ All ® A portion of the property in Deed Reference: Book 398 , Page No. 554 , Pamlico County.) NOTE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable. 2. FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, wall and/or door mirrors, and any other items attached or affixed to the Property, EXCEPT the following items: n/a PERSONAL PROPERTY: The following personal property is included in the purchase price: n/a 4. PURCHASE PRICE: The purchase price is $ S65, 000.00 and shall be paid as follows: (a) S 1, 000.00 EARNEST MONEY DEPOSIT with this offer by ❑ cash Z personal check ❑ bank check ❑ certified check ❑ other: N/A to be deposited and held in escrow by village Realty ("Escrow Agent") until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request, but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b) $ -0- ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than n/a , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ -0- , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d) $ -0- , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. 113 This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. PREPARED BY AGENT: Carol Wright, Owner 1 A—TOiB Offer to Purchase and Contract, Standard Form 2-T. NORTH CAROLINA ASSOCIATION of REALTORS®, Inc. o TM © 7/2002 ReaIFA$T® Software, ©2004, Version 6.15. Software Registered to: Office Manager, Carol Wright - Oriental Buyers' Broker Page 1 of 5 Buyer03/31/04 14:39:11 s) _L a�/��� Seller(s) (4� Z (e) S 64 , 000.00 BALANCE of the purchase price in cash at Closing. 5. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) Buyer must be able to obtain a FHA El VA (attach FHA/VA Financing Addendum) ® Conventional El Other: n/a loan at a ® Fixed Rate ❑ Adjustable Rate in the principal amount of 61,750.00 (plus any financed VA Funding Fee or FHA MIP) for a term of 15 year(s), at an initial interest rate not to exceed 6 % per annum, with mortgage loan discount points not to exceed 1 % of the loan amount. Buyer shall apply for said loan within 10 days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before April 30, 2004 and to satisfy all terms and condidurrs of the loan commitment letter by Closing. After the above letter date, Seller may request in writing from Buyer a copy of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for residential purposes purposes. (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, -Tree of all encumbrances except: ad valorem taxes for the current ;,ear (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECI.AL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: none (Insert "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows: none 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) Ad valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis through the date of Closing; (c) All late listing penalties, if any, shall be paid by Seller; (d) Rents, if any, for the Property shall be prorated through the date of Closing; (e) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, are S - 0 - y per n/a 8. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property, the amount thereof shall be S - 0 - including any FHA/VA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 9. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate with the cost of measurement thereof, if any, being paid by Seller. 10. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (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 Buyer and both Buyer's and Seller's agents and attorneys. 11. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS@, Inc. PREPARED BY AGENT: Carol Wright, Owner Offer to Purchase and Contract. Standard Form 2-T. NORTH CAROLINA ASSOCIATION of REALTORS®, Inc. © 7/2002 RealFAST(D Software, ©2004, Version 6.15. Software Registered to: Office Manager, Carol Wright - Oriental Buyers' Broker 1 03/31/04 14:39:11 Page 2 ?f 5 Buyer(s) )1j�/��� Sellers) — paid for and agreeing to indemnify -Buyer against all loss from any cause or claim arising therefrom. 12. PROPERTY DISCLOSURE AND INSPECTIONS: (a) Property Disclosure: Buyer has received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract. ❑ Buyer has NOT received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the date the contract was made; or (3) Closing or occupancy by the Buyer in the case of a sale or exchange. ® Exempt from N.C. Residential Property Disclosure Statement because (SEE GUIDELINES) El The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum.) (b) Property Inspection: Unless otherwise stated herein, Buyer shall have the option of inspecting, or obtaining at Buyer's expense inspections, to determine the condition of the Property. Unless otherwise stated herein, it is a condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (including flashing and gutters), doors and windows, exterior surfaces, structural components (including foundations, columns, chimneys, floors, walls, ceilings and roots), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sewer systems (public and private), shall be performing the function for which intended and shall not be in need of immediate repair; (ii) there shall be no unusual -6rainage conditions or evidence of excessive moisture adversely affecting the-structure(s); and (iii) there shall be no friable asbestos or existing environmental contamination. Any inspections shall be -completed and written notice of necessary repairs shall be given to Seller on or before n/a . Seller shall provide written notice to Buyer of Seller's response within n/a days of Buyer's notice. Buyer is advised to have any inspections made prior to incurring expenses for Closing and in sufficient time to permit any required repairs to be completed by Closing (c) Wood -Destroying Insects: Unless otherwise stated herein, Buyer shall have the option of obtaining, at Buyer's expense, a report from a licensed pest control operator on a standard form in accordance with the regulations of the North Carolina Structural Pest Control Committee, stating that as to all structures, except n/a there was no visible evidence of wood -destroying insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient time so as to permit treatment, if any, and repairs, if any, to be completed prior to Closing. All treatment required shall be paid for by Seller and completed prior to Closing, unless otherwise agreed upon in writing by the parties. The Buver is advised that the inspection report described in this paragraph may not always reveal either structural damage or damage caused by agents or organisms other than wood-destrovin insects. If new construction, Seller shall provide a standard warranty of termite soil treatment. (d) Repairs: Pursuant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of completing them or refusing to complete them. If Seller elects not to complete the repairs, then Buyer shall have the option of accepting the Property in its present condition or terminating this contract, in which case all earnest monies shall be refunded. Unless otherwise stated herein, any items not covered by (b) (i), b (ii), b (iii) and (c) above are excluded from repair negotiations under this contract. (e) Acceptance: CLOSING SHALL CONSTITUTE ACCEPTANCE OF EACH OF THE SYSTEMS, ITEMS AND CONDITIONS LISTED ABOVE IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 13. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, to Buyer or Buyer's representatives for the purposes of appraisal, inspection, and/or evaluation. Buyer may conduct a walk-through inspection of the Property prior to Closing. 14. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before May 31, 2004 , at a place designated by Buyer. The deed is to be made to Dennis P. McFarland and wife Elizabeth M. McFarland 15. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. In the event possession is NOT to be delivered at Closing: ❑ a Buyer Possession Before Closing Agreement is attached. OR, a Seller Possession After Closing Agreement is attached. 16. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) A. Offer contingent on Buyer obtaining confirmation from CAMA or a CAMA permit for dock as well as confirmation that dock has access to at least some shallow water. This to be determined by 4-30-04. B. Offer contingent on Buyer obtaining a survey of lot showing all DWQ or CAMA buffers, septic field and general location of proposed house which is satisfactory to buyers. survey to be completed by May 15, 2004. C. Offer contingent on Buyer obtaining verification that the septic permit on file is a lifetime permit This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS@, Inc. PREPARED BY AGENT: Carol Wright, Owner Offer to Purchase and Contract, Standard Form 2-T. NORTH CAROLINA ASSOCIATION of REALTORS@), Inc. © 7/2002 ReaIFASTO Software, ©2004, Version 6.15. Software Registered to: Office Manager, Carol Wright - Oriental Buyers' Broker ) 1(�/VI/�� 03/31/0414:39:11 Seller(s)ge Buyer(s ' and if not then Buyer must be able to obtain a new permit good for a minimum of 5 years. To be completed by May 15, 2004. D.Seller at time of offer does not legally own Boat Slip 2, offer is contingent on Seller's obtaining ownership prior to 4-30-04. 17. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this contract by written notice delivered to Seller or Seller's agent and all deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract, Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. 18. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 19. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine 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 the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR2 or broker aird Seiler or Bu}er as contained in any listing agreement, -buyer agency agreement, or any other agency agreement between them. 22. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such parry's agent. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each party and each REALTORJ or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. BUYER 6�A_�7d'v 'A �_ Dennis P. McFarland and wife Elizabeth M. McFarland SELLER Gary Blodgett DATE 5 L i (SEAL) DATE (SEAL) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance N ith the the terms hereof. Date �— (JC� Fir Selling Agent/Firm/Phone carol Wright Oriental Buyers Broker ® ❑ ❑ This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. PREPARED BY AGENT: Carol Wright, Owner Offer to Purchase and Contract, Standard Form 2-T. NORTH CAROLINA ASSOCIATION of REALTORS®, Inc. © 712002 RealFA$TO Software, ©2004, Version 6.15. Software Registered to: Office Manager, Carol Wright - Oriental Buyers' Broker 03/31/04 14:39:11 Page 4 of 5 Acting as Buyer's Agent Seller's (sub)Agent Dual Agent Listing Agent/Firm/Phone Michelle Fodrey, village Realty Acting as ® Seller's (sub)Agent El Dual Agent This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS@, Inc. PREPARED BY AGENT: Carol Wright, Owner Offer to Purchase and Contract, Standard Form 2-T. NORTH CAROLINA ASSOCIATION of REACTORS®, Inc. © 7/2002 ReaIFAST@ Software, ©2004, Version 6.15. Software Registered to: Office Manager, Carol Wright - Oriental Buyers' Broker Buyer(s) ���AVEA 03/31l0414:39:11 Seller(s)g % �. arol Wright - Oriental Buyers' Broker 502 Hodges St. Suite 1 PO Box 71 Oriental, North Carolina 28571 Phone: 252-249-1700 Office 252-249-7225 - Home, Pax: 252-249-1700 ADDITIONAL PROVISIONS ADDENDUM NOTE: All of the following provisions which are marked with an "X" shall apply to the attached Offer to Purchase and Contract or Vacant Lot Offer to Purchase and Contract ("Contract"). Those provisions marked "N/A" shall not apply. 1. N/A EXPIRATION OF OFFER: This offer shall expire unless acceptance is delivered to Buyer or to N/A , on or before N/A ❑ AM ❑ PM, on N/A or until withdrawn by Buyer, whichever occurs first. 2. x INTEREST BEARING TRUST ACCOUNT: Any earnest monies deposited by Buyer may be placed in the interest bearing trust account of the Escrow Agent named in the Contract. Any interest earned thereon shall belong to the Escrow Agent in consideration of the expenses incurred by maintaining such account and records associated therewith. SEWER SYSTEM: This Contract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County U;-alth Department ("County") for a (check only ONE ® conventional or ❑ other SHALLOW ground absorption sewage system fora THREE bedroom home. All costs and expenses of_ obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than May 15, 2004 , shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to obtain such Permit or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by May 15, 2004 that this condition cannot be satisfied, time being of the essence. 4. x FLOOD HAZARD ZONE: Buyer has been advised that the Property is located in an area which the Secretary of HUD has found to have special flood hazards and that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S. Government. 5. x APPRAISAL WITH FINANCING CONTINGENCY: The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this Contract may be terminated and all earnest monies shall be refunded to Buyer. The cost of the appraisal shall be borne by Buyer. (. N/A APPRAISAL WITHOUT FINAiNCING CONTINGENCY: This Contract is not subject to a financing contingency requiring an appraisal. Buyer shall arrange to have the appraisal completed no later than midnight of N/A The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this Contract may be terminated and all earnest monies shall be refunded to Buyer. The cost of the appraisal shall be borne by Buyer. 7. N/A CLOSING OF EXISTING CONTRACT CONTINGENCY: This Contract is contingent- upon closing of an existing contract on the Buyer's real property located at: N/A on or before N/A If this contingency is not removed on or before midnight of N/A Seller may terminate this Contract and all earnest monies shall be returned to Buyer. $, N/A RENTAL/INCOME/INVESTMENT PROPERTY: The Property is subject to existing leases and/or rights of tenants in possession under month -to -month tenancies. Seller agrees to deliver to Buyer on or before N/A , true and complete copies of all existing leases, rental agreements, outstanding tenant notices, written statements of all oral tenant agreements, statement of all tenant's deposits, uncured defaults by Seller or tenants, and claims made by or to tenants, if any. This Contract is contingent upon Buyer's approval of said documents. Buyer shall be deemed to have approved said documents unless written notice to the contrary is delivered to Seller or Seller's agent within seven (7) days of receipt of same. If Buyer does not approve said documents and delivers written notice of rejection within the seven day period, this Contract shall be terminated and all earnest monies shall be returned to Buyer. NOTE: DO NOT USE THIS PROVISION FOR PROPERTY SUBJECT TO THE NORTH CAROLINA VACATION RENTAL ACT. A VACATION RENTAL ADDENDUM SHOULD BE USED IN SUCH CASES. ®This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS@, Inc. PREPARED BY AGENT: Carol Wright, Owner aeurorry Additional Provisions Addendum, Standard Form 2A11-T. NORTH CAROLINA ASSOCIATION of REALTORS@, Inc. © 7/2003 RealFA$TO Software, 02004, Version 6.15. Software Registered to: Office Manager, Carol Wright - Oriental Buyers' Broker 03/31/0414:45:25 Page 1 of 2 Bu / y er (s)_\ Seller(s) lY� J aM i��� 9. N/A COST OF REPAIR CONTINGENCY: If a reasonable estimate of the cost of repairs required by Paragraph 12(b) and Paragraph IZ`(c) of the Offer to Purchase and Contract equals or exceeds $ N/A , then Buyer shall have the option to terminate this Contract and all earnest monies shall be returned to Buyer. N THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT OR THE VACANT LOT OFFER TO PURCHASE AND CONTRACT, THIS ADDENDUM SHALL CONTROL. THE NORTH CAROLNA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLNA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM N ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOMSHOULD CONSULT A NORTH CAROLNA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. BUYER �?��ll / �y� i DATE 3 j J7 (SEAL) Dennis P. McFarland and wife Elizabeth M. McFarland `' SELLER ✓ � DATE i (SEAL) Gary Blodge _ This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS@, Inc. PREPARED BY AGENT: Carol Wright, Owner Additional Provisions Addendum, Standard Form 2A11-T. NORTH CAROLINA ASSOCIATION of REALTORM Inc. © 7/2003 RealFA$T® Software, ©2004, Version 6.15. Software Registered to: Office Manager, Carol Wright - Oriental Buyers' Broker Page 2 of 2 03/31 /04 14:45:25 SELLER: Name as desirc(l uu (Iced Social Security I1_0(� T I'� m Cc /-Q Az / YIL�'lalc/Female I and/and wife/and hushsuul Socill' Security IE Male/Female Address. U S -) (S" Telephone# Ilome ' UX "�13 -�, 5 ` `l Work Cell U-mail nddress: TRANSACTION INFORMATION Attorney for Buyer: I_) C /-1 1' c ` 1C (� Attorney for Scller: 0) i (I Dues tl(e Buyer manta title examination? (-�) Yes ( ) Nu Does Buyer want title insurance? Yes ( ) No Does Buyer want a survey? (�) Ycs ( ) No If desired, has a survey been ordered? ( ) Yes ( ) No Surveyor: Iles a termite report been ordered? ( NA ( ) Yes ( ) No Termite Ilas au applicatim?,been made fur septic system permit;? (x) NA ( ) Yes ( ) No