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HomeMy WebLinkAbout47207_HARDISON, JOHN_20060823❑,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 tt [mules attached. Applicant Name t'' i rl "T ' G +1' ` ' Project Location: County Address'9 } X City r 1'' `)' 1�'D /V C State Phone#(s`:) Fax#O Authorized Agent Affected El CW OIEW B-PffA P+ES ❑ PTS AEC(s): I] OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑FC: CIRW: yes / no.' PNA yes / no Crit. Hab. yes / no c Type of Project/ Activity Pier (dock) length Platform(s) 1- Finger pier(s) -- Groin length number Bu&head/ %prap length avg distance offshore max distance offshore L 1 Basin, channel cubic yards_ Boat.ripp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length r 'i SAM not sure yes n Sandbags: not sure yes n Moratorium: n/a yes no Photos: yes n Waiver Attached: yes nn A building permit may be requires Notes/ Special Conditions ) Street Address/ State Road/ Lot #(s) 6A .J7 cl e ),2,) e Subdivision City � f f `�: l L".w. V ( ZIP Phone # O River Basin ly.�.��" Adj. Wtr. Body *) f � / (nat man /unkn) Closest Maj. Wtr. Body .-0 a-70' % I li ',/a. (Scale: c, 14 Agent or Applicant Printed Name��y fficer sSignature Signature4 Please read compliance statement on back of permit Issuing Date Expiration Date ApplicationFee(s) 1 Check# 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 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 Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 400 Commerce Ave Morehead City, NC 28557 202-808-2808/ 1-888-4RCOAST 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 910-796-7215 Fax:910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 06/29/05 ADJACENT RIPARIAN PROPERTY OWNER STA' 'EMENT I hereby certiFy that I own property adjacent to (Name of Prop arty Owner) property located at %/ _— (Lot, Block, Road, etc.) on e,4 Rol in ,-f.14 °.4hC8 � C d C G N.C. (Waterbody) (Town and/or Count3 I He has described to me as shown below, the development he is prop )sing at that location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVE _,OPMENT C I AWd i "1 (To be filled in by individual proposing development) 17 d F� /7 oa 4 3/ "04,e ems' Cie _40'e /k,- Signature .4 a r r- i P_ n Print or Type Name Telephone Number�3�J��� Date: —C4; / VC ADJACENT RIPARIAN PROPERTY OWNER STA' CEMENT p Z,f � ,P 1 hereby certify that .1 own property adjacent to (Name of Prop :rty Owner) property located at (Lot, Block, Road, etc.) on C� �4'al �Lte� , in !t'�°/3f�c e .¢•.- 2• ce o , N.C. _--_. �_--- �' - -- -- - (Waterbody) (Town and/or Count3 He has described to me as shown below, the development he is prop )sing at that location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVE OPMENT (To be filled in by individual proposing development) CopPLAAll� ��A, B A LL 3,0 6 -�k A it , �' Z� Telephone Number Date: () t-�2 � 06- rA 08/23/2006 13:01 2527455917 PAGE 01/07 Hollowell & Hollowell Attorneys at Law BERNARD B. HOLLOWELL, JR. 203 MAIN STREET TELEPHONE 252-745-5115 POST OFFICE Box 218 FACSIMILE 252-745-5917 BERNARD B. HOLLOWELL SAYBORO, NORTH CAROLINA 28515 lawyers@pamlico.net OF COUNSEL PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: LAMA Steven Lane FAX NUMBER: 252-2 3330 FROM: HOLLOWELL & HOLLOWELL REFERENCE: Lovelace et al to Hardison DATE: COMMENTS: 8/23/2006 Please see attached correspondence TIME: IF YOU DO NOT RECEIVE ALL OF THE PAGES, OR HAVE ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CALL (252) 745-5115 AND ASK FOR: Jennie Number of napes including cover sheet: 7 Original to follow via U.S. Mall: YES NO NOTICE: The infomtatlon contained in this facsimile transmission is attorney privileged and confidential information Intended only for the use of the individual or entity named above. If the reader of this message Is not tho Intended reciplent, you are hereby notified that any dissemination, distribution or copy of this communication Is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above -named address via the U. S. Postal Service. Facslmile completed by: (Initials) (Gate) (Time) 08/23/2006 13:01 2527455917 PAGE 02/07 OFFER TO PURCHASE AND CONTRACT John Gaa *Jardlson and wire ere Tsa Iiardison , as Buyer, hereby offers to purchasc and Cynthia A. L y lace, un sltyled: Edna L. aato� and husband�C._U'exrY Gaston;.ifM4inS1 . Streepey and husband, Robert tiStreepey and Anna L. 'Blssette, widow -4 Sellers, upon Acceptance of said offer, ee to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located thereon and such fixture, ridpersonal roperly as ore listed below (collectively referred to as the "Property's, up on the following terms and condition 1.. REAi PROPERTY: Located in e 1(City of l Counry of Pamlico, State oFNorth Carolina, being kpown as and more particularly described as: Strcet Address; I,LCreekside Drive, Arapahoe, NC 28510 Legal Description: N All [ 1 A portion of the property in Deed Reference: Book, 185 Page No 383 , Pamlico County.) NOTE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to revi.cw Restrictive Covenants, if any, which may limit the use ofthe Property, and to read the Declaration of Rcstricti.ve Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable. 2, 1!IXTUR$S: The ,following items, if any, are included in the purchase price (ree of liens: any built-in appliances, light fixtures, coiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, COmbMQUOn dool'S, awnings, antcnoas, satellite dishes and receivers, burglar/Sre/smoke alarms, pool and spaequipment, solar energy systems, attached fireplaoc 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 Inin•ors, and any other items attached or affixed to the Property, F..XC.F.PT the following items: 3. PERSONAL PROPERTY. The following personal property is included in the purchase price: NONE 4, PURCHASE PRICE: The purchasc price is S300,01)0.00 and shall be paid as follows: (n) 5,00, EARNEST MONEY DEPOSIT with this offer by [ i cash [ i personal check [ j bank cbcck [ j certified check [ j other to be deposited and held in escrow by N/A as ("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 eamost monies shall be rcfundcd to .Buycr, In the event of breach of this contract by Seller, all eamcst monies shall be refunded to Buyer, upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach this contract by Buyer, then all earnest monies shall be forfeited to Seller upon Seller's request, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE, in the event of a disputo beiween 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 relcasc from the parties consenting to itnc disposition has been obtained or until disbursentent is ordered by a court of compctont ju08diction. (b) R NLA, ADDTTIONAL F ARNE-ST MONEY DEPOSIT to be paid to Escrow Agent no later than NIA 1IM1 BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c ) 5 30,000,00, OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on the Effective Date as net forth in paragraph 23. (NOTE: if Altemativc 2 applies, then do not insert $0, N/A or leave blank) (d) $ NI&, RY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing toan(s) secured by a deed of trust an the Property in accordance with the attached Loan Assumption Addendum. (c) S NIA, BY SELLER PTNANCING in accordance with the attached Seller Financing Addendum. (f) $ 270,000,00, BALANCE of the purchase price in cash at Closing. Page 1 Of 5 Buyers Initials 4p, Sellers Initial �! • e r [ � NC Bar Association Form No. 2, 02005 Tnls Slanclard Form nas been approved joinlly by Ihe: Pfinled by Agroamont with the NC Bar A9"OeiBaon — t M NORTH CAPOLINA BAR ASSOCIATION — NC Bar Form NO.2 NORTH CAROLINA ASSOCIATION OF REALTORS0. INC. — Standard Form No. 2-T 08/23/2006 13:01 2527455917 PAGE 03/07 S. CONDITIONS: (State NIA in each blank that is not a, condition to this contract.) (a) Buyer must be able to obtain a I 1 FHA I 1 VA (attach FHA/VA Financing Addendum) (1 Convendonal ( j Other: N/A at a i )'Fixed Rate (► Adjustable Rate in the principal amount of S n/A _ (plus any financed VA Funding Fee or FRA MIP) for a term of —WA— yea*), at an initial interest rate not to exceed NLk 1/6 per annum, writh mortgage loan discount points not to exceed N/A % of the loan amount. Buyer shall apply for said loan within N/A days of the Effective Date of this contract. Buyer shall use Buyer's best efforts 10 secure the lender's customary loan commitment letter on or before N/A and to satisfy all terms and conditions of the loan commitment letter by Closing. ARcr 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 thercafter, provided Seller has not then received a copy of the letter or the waiver. Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, except if Seller is to pay any of the Buyer's Closing costs (including loan discount points), those costs are as follows: (b) There must be no restriction, casement, zoning or other govcmmental regulation that would prevent the reasonable use of the Property for res' enttal 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, mast 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. (c) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility casements and unviolated restrictive covenants that do not materially affect the value of the Proper.!; 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. SPECIAL ASSESSMENTS: Seller warrants that there arc 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. ()nsert "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and all govemmental 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 dste of Closing. (c) All late listing penalties, if any, shall be paid by Setter. (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 5 N)A per NIA S. EXPENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seiler 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. Seller shall pay at Closing NiA toward any of Buyer's expenses associated with the purchase of the Property, including any FHZNA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Auyer's iendcr- 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: Sellcr agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this f or available to Seller, including but not limited t0' title insurance pol1Ceyresenttlto ns contract, copies of all title information in possession o on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property_anattorney Seller authorizes (} Y presently or previously representing Seller to release and disclose any title insurance policy in such attorneys file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to rclesse and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to both Buyer's and Seller's agents and attorneys. �7 Page 2 of 5 Buyers initials�Sellers InitialL 4 NC Bar Association Form No- 2, @2005 ThLe Standard form has been approved jointly by the: Printcd by Ag esmcnl with the NC Bar Association — 1081 NORTH CAROLINA ASSOCLA OIN OOF REAL'rORS® INC �— Standard Form No. 2-T 08/23/2006 13:01 2527455917 PAGE 04/07 11. LABOR AND MATERIAL: Selicr shall fomish 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 paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 12. PROPERTY DISCLOSURE: (a) Property Disclosure: [ ] Buyer has received a signed copy of the N.C, Residental Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract. [ X I 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 VJHIChLEVi3R 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 GUTDELTNES) [ j The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum.) 13, PROPERTY INSPECTION, APPRAISAL. INVESTIGATION (Choose ONLY ONE of the following Altematives): J ALTERNATIVE 1: (a) Property Inspection: Unless otherwise stated herein , Buyer shall have the option of inspecting or, obtaining at Buyer's evense, 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 roofs), 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 fvnction for which intended and shall not be in need of immediate repair; (ii) there shall be no unusual drainage 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 oFnecessary repairs shall be Riven to Seller on or before (The Inspection bate) . Seller shall provide written notice to Buyer of Seller's response within days of Buyer's notice. 13vyer is advised to have any inmAgj=s made prior to incutxiie expenses for_Glos�r¢ and in sufficient time to Hermit anv required repairs to_he completed by Closing, (b) Wood -Destroying Insects- Unless otherwise stated heroin, 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 cxccpt there was no visible evidence of woad -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 Buyer i advised that the insDEctign renorr described in this paragraph may not always reveal 4itbcr structural da=ga m or damage causzLhY agents or orQaniS,I115 other than wood-ti�insecu. if new construction, Seller shall provide a standard warranty of termitc soil treatment. (c) Repairs: Pursuant to any inspections in (b) and/or (c) above, if any repairs arc necessary, Seller shall have the option of completing them or refusing to complete them. If Seller elects not to complete the repairs, then Buycr 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, or as otherwise provided on an inspection addendum attached hereto, any items not covered by (b) (i), b (6), b (iii) and (c) above arc excluded from repair negotiations under this contract. (d) Radon Inspection: Buyer shall have the option, at Buyer's expense, to have the Property tested for radon on or before the date for completion of inspections as set Forth in paragraph 13 (a) above. The test result shall be deemed satisfactory to Buyer if it indicates a radon level of less than 4.0 pico curies per liter of air). if the test result exceeds the above -mentioned level, Scllcr shall have the option of.- a) remediatin8 to bring the radon level within the satisfactory range; or b) refusing to rcmcdiate. Upon the completion of remediation, Buyer may have a radon tcsl performed at Seller's expense, and if the test result indicates a radon level less than 4.0 pico curies per liter of air, it shall be deemed satisfactory to the Buyer. if Scllcr elects not to remcdiate or if remediation is attempted bur fails to bring the radon level within the satisfactory range, Buyer shall have the option of ;a) accepting the Property with its then current radon level; or b) terminating the contract, in which case all eamest monies shall be refunded. I Page 3 of � Buyers Initial ( ,t Sellers initial&,-J3 � ln� 6, o— m 6, / �� f NC Bar Associa(lon Form No_ 2, ©2005 This Standard For, hag boon approved pintly by iM: Printed by Agrerment with the NC Bev Assnelation — 1981 NCRTH CAROLiNA BAR ASSOCIATION — NO Bar Form No, 2 NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. — Standard Form No. 2-T 08/23/2006 13:01 2527455917 PAGE 05/07 (e) Cost of Repair Contingency: Notwithstanding the above and as an additional rcmrdy of Buyer, if a reasonable estimate obtained by Buycr of t11c total cost of repairs required by (a) and (b) and/or remediate roquirod by (d) above equals or exceeds $ , Then Buyer shall have the option to terrninatcd this contract pursuant to this Cost of Repair Contingency no later than seven (7) days following the Inspection Date and all earnest monies shall by refunded to Buyer. (f) Appraisal 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 tcrminatcd and all earnest monies shall be refunded to Buyer. It this contract is not subject to a financing continprtcy requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before .The cost of the appraisal shall be borne by Buyer. (g) CLOSING SMALL CONSTITUTE ACCEPTANCE QF 'TUr, EROPFRTX ITS THEN EXISTING CONDITION UNLESS YIt4yISION IS OTHERWISE MADE IN WRITING (X j ALTERNATIVE 2: (This,alternative appjW ONLY if Alternative 2 is checked AND Buyer llas pair! the Option Fee.) (a) Property investigation with Option to Terminate: In consideration of the sum set forth in paragraph 4(c) paid by Buyer to Seller (not Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option Fee"), Buyer shall have the right to terminate this contract for any reasons or no reason, whether related to the physical condition of the Property or otherwise, by delivering to Shcer written notice of termination (the "Termination Notice") by 5:00 p.m. on .tune 1, 2007, rime being of the essence (the "Option Termination Date"). At any time prior to Closing, Buyer shall have to inspect the Property at Buyer's cxponse (Buyer is advised to have all inspections and appra3cais of the Property, including but not limited to those matters set forth in Alternative t, performed prior to the Option Termination Date). (b) Exercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, tiros being ofrlte essence, this contract shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; however, the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to the Option Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the Option Termination Date, provided such acceptance shall not constitutc a waiver of any rights Buyer has under paragraph S. The Option Fee is not refundable, is not a part of any earnest monies, and will be crcditcd to the purchase price at Closing. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING C-QND-111Q i UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 14, 'REASONABLE ACCESS: Seller will provide reasonable access to the property (including working, cxisting utilities) through the earlier of Closing or possession by Buycr, to Buycr or Buyer's repro5ent2tiV8 for the purposes of appraisal, inspection; and/or evaluation. Buyer may conduct a walk-through inspection of the Property prior to Closing. I5, CLOSING: Closing shall be dcfmcd as the date and time of recording of the deed. Ail parties agree to executc any and all documents and papers accessary in connection with Closing and transfer of title on or before 7/15/2007 , at a place designated by Buyer. The deed is to be made to BUYER. YER. 16. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. in the event possession is NOT to be delivered at Closing, 1 1 a Buyer Possession Bcforc Closing Agreement is attached. OR, [ j a Seller Possession After Closing Agreement is attached. 17. OTHER PROVISIONS AND CONDITIONS: (I EW7,,F ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) 18, RISK OF LOSS: The risk of loss or damage by Fre or other casualty prior to Closing shall be upon Sellerif the improvements on the Property are destroyed or materially damaged prior to Closing, Buycr may terminate this contract by written notice delivered to Seller or Seller's agent and all deposits shall be refunded 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 Iho assignee and his heirs and successors. ��l y��Q Page 4 of 5 Buyers Initia 4221 Initial /''i.� 0;- M 1 NC Bar Association Form No. 2, ©2005 TNI; Standard Form has been approved jointly by the: Printed by Agraamont with the NC Bar ASSOe1011on -- 1981 NORTH CAROLINA BAR ASSOCIATION , NC Bar Form No. 2 NORTH CAROLINA ASSOCIATION OF REALTORSO, INC, — Standard Form No. 2-T 08/23/2006 13:01 2527455917 PAGE 06/07 0. PARTiE$: This contrast 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 hcrcin, 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 porformed aifer 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 eontains the entire agreement of the patties and there arc no ropresenWons, 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 REALTOR or broker and Seller or Buyer 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 party"a 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 REALTOR or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. IF YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SION IT. Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer. Date:"% Buyer4L _ (SEAL) Date; l � /T1a G. Buyer„ , I-6e c, (SEAL) Date: Seller Q O.�� -(SEAL) Date: Seller Date: Seller Date: Seller Date: Seller Date: t? - 1 Seller C'� - (SEAL) Page 5 of 5 NC Bar Association Form No. 2, @2005 This Standard Form has bCen approved Jointly by the: Primed by Agreement wllh the NC Bar Associatlon — 1961 NORTH CAROLINA BAR ASSOCIATION — NC Bar Form No. 2 NORTH CAROLINA ASSOCIATION OF R£ALTORS6, INC. — Standard Form No. 2-T 08/23/2006 13:01 2527455917 PAGE 07/07 ADDENDA 1) This sale is subject to the life estate ofArma L. Bissette. 2) All structures are sold "AS IS" and without any warranties. 3) Buyer may initiate repairs to the bulkhead at tbeir election., during the Option Period, and shall have free access to the property for said purpose. 4) Buyer may make any other improvements to property with the written permission of the life tenant, Amia L. BiSsette. 5) Anna L. Bissette joins in, the execution of this Agreement for the sole purpose of consenting to Buyers' access for construction of the bulkhead. 1,� ?, 1A 4 6 �f� NC Bar Association Form No, 2, 02005 This StanG9rd Form has been approved jolntly by the; Printed by Aoreoment with the NC Bar Associe ion — 1901 NORTH CAROLINA BAR ASSOCIATION — NC Bar Form No, 2 NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. — 5tqndard Form No. 2-T JOHN G. HMDISON P O BOX 177 ARAPAHOE, NC 28510 OFE / �/ 1732 —Z 7 ' 66-152/531 J J�DATE Wachovia Bank. N.A. Beyboto, NC '1 fOR .053 10 15 291: 078 1 2 1 1 7 969 1732 $ 7 con' 0,6p 0