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HomeMy WebLinkAbout44285_HURVEY, BENJAMIN_20060210CAMA / F I DREDGE &FILL / GENERAL PERMIT Previous permit # C'New ElModification FIComplete 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 I SA NCAC Applicant Name ;"'t ,. r 11 Project Location: County Address ,' _, ' �f._4 2 �l G. i Street Address/ State Road/ Lot #(s) City_ t? k'_ �/ State C ZIP? Phone # ��. (�) �lG % lU /r!�: Fax # ( ) Subdivision _ Rules attached. Authorized Agent City /-- ", ?. , ZIP L' CW :-j EW g}PTA ❑ ES ❑ PTS Phone # ( ) River Basin Affected ---- AEC(s): i OEA -1 HHF ❑ IH ElUBA El N/A Adj. Wtr. Body (nat /man /unkn) I_ J PWS: ❑ FC: Closest Maj. Wtr. Body- ORW: yes / no PNA yes / no Crit. Hab. yes / no Type of Project/ Activity ``_nn Pier (dock) length j i Platform(s) __ _I_ ..-- --- _ Finger pier(s) Groin length number Bulkhead/ Riprap length 1 -� avg distance offshore max distance offshore Basin, channel _ cubic yards_ Boat ramp _ Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length SAV: not sure yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no - A building permit may be required by: Notes/ Special Conditions I -- j ;3 �r do — — -T�' / Agent crApplicank Printed Name Signature "Please read compliance statement on back of permit" Application Fee(s) Check # (Scale: ) I ❑ See note on back regarding River Basin rules. Permit Officer's Signature (.: if 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, certifythat this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: D' Tar - Pamlico River Basin Buffer Rules ❑ Other: El 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 Washington District Mailing Address: 1367 U.S. 17 South 943 Washington Square Mall 1638 Mail Service Center Elizabeth City, NC 27909 Washington, NC 27889 Raleigh, NC 27699-1638 252-264-3901 252-946-6481 Location: Fax: 252-264-3723 Fax: 252-948-0478 Parker -Lincoln Building (Serves: Camden, Chowan, Currituck, (Serves: Beaufort, Bertie, Hertford, Hyde, 2728 Capital Blvd. p Dare, Gates, Pasquotank and Perquimans Tyrrell and Washington Counties) Counties) Raleigh, NC 27604 919-733-2293 Morehead City District Wilmington District Fax: 9 19-733- 1495 400 Commerce Ave 127 Cardinal Drive Ext. Morehead City, NC 28557 Wilmington, NC 28405-3845 202-808-2808/ 1-888ARCOAST 910-796-7215 Fax: 252-247-3330 Fax: 910-395-3964 (Serves: Carteret, Craven, Onslow -above (Serves: Brunswick, New Hanover, New River Inlet- and Pamlico Counties) Onslow -below New River Inlet- and Pender Counties) Revised 06/29/05 ` I hereby artif • t;,at I own property adjacent to ! �n V f..C' L- a/"� 's h Y� } P P (Marne `of Property Owner) property locateMd a° �f-a. +LT (Lot, Block, Road, etc:) on Memo ,in �'t lj Crtzi.t C—toxr-_vc-r- Co.-, N.C. (Wate:r ody) (Town andior Counity) He has dies cribed to me as shown below, the development he.is proposing at that location, and, T have no oIactions to his proposal. DESCR ION AND/OR DRA'I%'LNG.OF PROPOSED DEVELOPMENT (To be filled in 6 indkidizal proposing developme«t) CL C) Erna t� I P €� Q�v eparrf S t 4 3 7s-1 N,0 .ak ptepe"-- 5(_' 'Fr-u cr- 0. 13 C-.3 to *"--- S/Li wz;o e- Aeprb� .2 7.r � - ----------------------•--•_-----I-----------•------^----'-- - ---- - - - - -- Si�"nnkure pry G. C..�..d��c L Print or T)'pe Name Telephone Number Date: I - -- ADJACENT 1UPARLAN PROPERTY O�VNITR STATEMENT I hereby ceriiFy that I own property adjacent to sr, 6 (Name of Property Owner' --- property locate at is + _"r 9 0, T IS (Lot, Block, Road, etc..) (Waterbody) Town and/or Covn,,. ! He has desc,» bed to me as shown below, the development hL is proposing at that Ideation, and, I have no objections to his proposal. DESCRIPTION AND/OR isRAWINI G OF PROPOSED DEVELOPMENT 15 C-p� (To be filled to by indfvtdtial proposing developrn,enO Alop r%,t Signature Print or Type Name Telephone Number �i 1 41 -P-1 ­7 z 4 Ka I I - ER TO PURCHASE AND CONTRACT -VACANT LAND/LOT NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdivide. It should not be used to sell subdivided property that has not been platted, approved and recorded. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). Benjamin H. Hervey and wife Tanya D. Hervey ,as Buyer, hereby offers to purchase and Denver G. Lamb and wife Dora Lamb , as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below (hereafter referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of Newport ,Co unty of Carteret , State of North Carolina, being known as and more particularly described as: Street Address 149 Dowty Road Zip 28570 Subdivision Name Plat Reference: Lot TR 9 B Culpepper , Block or Section PIN # 6388,03 24 5516 as shown on Plat Book or Slide at Page(s) (Property acquired by Seller in Deed Book 748 at Page 471 ). NOTE: Prior to signing this Offer to Purchase and Contract -Vacant Lot/Land, 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. PURCHASE PRICE: The purchase price is $ 110,000.00 and shall be paid as follows: (a) $ 1,000.00 , EARNEST MONEY DEPOSIT with this offer by ❑ cash ® personal check ❑ bank check ❑ certified check ❑ other: to be deposited and held in escrow by Century 21 Coastal Properties ("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 refunded to Buyer. In the event of breach of this contract by Seller, all earnest monies shalt 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 of 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 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) $ n1a , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than n1a , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ n1a OPTION FEE in accordance with paragraph 11, Alternative 2, to be paid to Seller on the Effective Date as set forth in paragraph 19. (NOTE: If Alternative 2 applies, then do not insert $0, N/A, or leave blank). (d) $ n1a -,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. (e) $ n1a , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (f) $ 109,000.00 , BALANCE of the purchase price in cash at Closing. 3. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) Buyer must be able to obtain a ®Conventional ❑Other: loan at a ®Fixed Rate ❑Adjustable Rate in the principal amount of 99,000.00 for a term of 7 year(s), at an initial interest rate not to exceed 8 % per annum, with mortgage loan discount points not to exceed 0 % of the loan amount. Buyer shall apply for said loan within 3 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 0210812006 and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing from Buyer a copy Page 1 of 4 113 This form jointly approved by: STANDARD FORM 12-T North Carolina Bar Association �u© 7/2005 REAL70Rm North Carolina Association of REALTORS®, Inc. Buyer Initials ZP* AW Seller Initials This form produced by: 11ab1'13JACM ?Xd.1t /-* 800-336-1027 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 in ay 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 ("Intended Use"). (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, free of all encumbrances except: ad valorem taxes for the current year (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. 4. SPECIAL 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 5. 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) All late listing penalties, if any, shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) 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 $ n/a per n/a 6. 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. 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. Seller shall pay at Closing $ n/a toward any of Buyer's expenses associated with the purchase of the Property, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 7. 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. S. 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 paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 9. 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 02/24/06 , at a place designated by Buyer. The deed is to be made to Benjamin H. Hervey and wife Tanya D. Hervey CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 10. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Page 2 of 4 STANDARD FORM 12-T �`,,� ©7/2005 Buyer Initials Z_n QW Seller Initials This form produced by: 4!#Ara,t oFbrMu%ata 4 NO-336.1027 11. PROPERTY INSPECTION, APPRAISAL, INVESTIGATION (Choose ONLY ONE of the following Alternatives): ® ALTERNATIVE 1: (a) Soil, Water, Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, 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 02124106 that this condition cannot be satisfied, time being of the essence. (b) Sewer System (check only ONE): Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. D Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is not performing the function for which intended and is in need of immediate repair, 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 that this condition cannot be satisfied, time being of the essence. ®This contract is contingent upon Bu er obtaining an Improvement Permit or written evalution from the County Health Department ("County") for a (check only ONE) conventional or EJ other ground absorption sewage system for a 2 bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than 02124106 , 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 02/24/06 that this condition cannot be satisfied, time being of the essence. Buyer has investigated and approved the availability, costs and expenses to connect to a 0 public or El community sewer system. (c) Appraisal Contingency: The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this contract maybe terminated and all earnest monies shall be refunded to Buyer. If this contract is not subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before 02117/06 The cost of the appraisal shall be borne by Buyer. (d) CLOSING SHALL CONSTTURE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITON UNLESS PROVISION IS OTHERWISE MADE IN WRITING. ❑ ALTERNATIVE 2: (This alternative applies ONLY if Alternative 2 is checked AND Buyer has paid the Option Fee) (a) Property Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 2(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 reason or no reason, whether related to the physical condition of the Property or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.m. on 20 , time being of the essence (the "Option Termination Date"). At any time prior to Closing, Buyer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections and appraisals of the Property, including but not limited to those matters set forth in Alternative 1, performed prior to the Option Termination Date). (b) Exercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, time being of the 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 constitute a waiver of any rights Buyer has under paragraph 3. The Option Fee is not refundable, is not a part of any earnest monies, and will be credited to the purchase price at Closing. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. Page 3 of 4 STANDARD FORM 12-T ©7/2005 Buyer Initials, Seller Initials This form produced by: treeut°° atOr-* 800336-1027 12. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in this contract. If Buyer terminates this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially its pre -entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 13. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) See Addendum one 14. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 15. 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. 16. 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. 17. 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. 18. 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 REALTORS or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 19. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such party'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 REALTORS 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. Date: 2L1 0 Date: Buyer L� 1 (SEAL) Seller (SEAL) %Benjamin H. Hervey Denver G. Lamb Date: 1 ��q10 0 m _ Date: Buyer �1bdtJQ 1/.01�1�0.�.� (SEAL) Seller (SEAL) Tanya D. Hep6ey Dora Lamb Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date 01/23/06 Firm: Century 21 Coastal Properties By: (Signature) Selling Agent/Firm/Phone Julius McCabe Century 21 Coastal Properties 252- 726-4700 Acting as ❑ Buyer's Agent ® Seller's (sub)Agent El Dual Agent Listing Agent/Firm/Phone Julius McCabe Century 21 Coastal Properties 252- 726-4700 Acting as ® Seller's (sub)Agent ❑ Dual Agent Page 4 of 4 STANDARD FORM 12-T Thia form modumd hv. If16fa1//ryym//htAf•, RM_43R_t1197 r.��nnnc Addendum One to that Offer to Purchase and Contract -Vacant Land/Lot between Benjamin H. Hervey and Tanya D. Hervey ("Buyer") and Denver G. Lamb and Dora Lamb ("Seller") 1. This contract is contingent upon Buyer obtaining all necessary permits to construct a pier and boat dock from the Property to navigable water on Harlowe Creek. All costs and expenses of obtaining the permits shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain said permits. If the permits can not be obtained, Buyer may terminate this contract and receive a full refund of the Earnest Money deposit. Seller shall reasonably cooperate with Buyer at Buyer's request to aid in obtaining the permits. 2. This contract is contingent upon Seller providing an access and utility easement for vehicular and pedestrian ingress and regress to the Property from Mill Creek Road. If said easement is not already recorded with the Carteret County Register of Deeds, all costs and expenses of obtaining said easement shall be borne by Seller. Seller shall use Buyer's best efforts to obtain said easement. If the easement can not be obtained, Buyer may terminate this contract and receive a full refund of the Earnest Money deposit. 3. Seller shall have Property bush -hogged within ten (10) days from the date of this contract. After the Property has been bush -hogged, Seller shall notify Buyer and Buyer shall inspect the Property within ten (10) days. If Buyer is not satisfied with the condition of the Property, for any reason or no reason, Buyer shall have the right to terminate this contract and receive a full refund of the Earnest Money deposit. Sellers: Buyers:SW BENJAMIN H. HERVEY TANYA D. HERVEY 1 316 1314 CASTALIA DR CARY, NC 27513 -7 66-7704/2531 C.i7�J Date Pay to the n I ' 1"✓ Order of t _ L 1� Dollars F�c°• State Em loyees' Credit Union 21 q n (�-Raleigh, North Carolina For � `A . Nr 42531770491:08631024937t1' 1316