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35257_KALOOKY, RONALD & KAREN_20030930
J "CYAMA / F DREDGE & FILL GENERAL PERMIT Previous permit # -]New XModification IJComplete 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 rI D a ®Rules attached. Applicant Name Address C 17 -r J ' )y [ . City !,C.414L State N( ZIP Phone # ( 114 ) SI' k ) 1 0 Fax # ( ) Authorized Agent Affected J CW 0 EW ® PTA ❑ ES ElPTS AEC(s): D OEA it HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no Crit. Hab. yes / no Type of Project/ Activity FAW Project Location: County 1e. 1,, , 4 Street Address/ State Road/ Lot #(s) s Subdivision ('If C , rn t City /„r �,,. 1[,: : ZIP Phone # ( ) River Basin 'K Adj. Wtr. Body % y t 'r k di t' /man /unkn) Closest Maj. Wtr. Body-h., r N r lc uh (Scale: ) cm,5 ) Pier (dock) length Piatform(s) t Finger pier(s) Groin length / J number d�1 WWIWWII j 47L Bulkhead/ Riprap length avg distance offshore_ max distance offshore _ - Basin, channel cubic yards _ Boat ramp Boathouse/ Boatlift t i /N a v r i. fy.Yr3� ; Beach Bulldozing rJt: Other - — -- - — -- Shoreline Length _ SAM not sure yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes rno Waiver Attached: yes no i A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name Signature Please read compliance statement on back of permit CO Application Fee(s) Check # ❑ See note on back regarding River Basin rules. ,1 �C'4- f 4-4-1 Permit Officer's Signature 9- � s c 3r 3 Issuing Date Expiration Date Local Planning] uriscliction 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 (910-395-3900) 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: Fax: 252-264-3723 Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax: 919-733-1495 (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 RONALD C. KALOOKY 6DL 5564432' KAREN A. KALOOKY 2517 HIGH RIDGE DR. / RALEIGH, NC 27606 Bank bf America®' ACH R/T 053000196 �''/•'� i:05 3000 L96+: 0006 244 35 7633 66-191W NC Date � i 0110 7633 Dollars �mra" 1 I i r�45 }9AP E.At Z6� GPI SEP-12-2003 FRI 09:52 AM NC DIV OF COASTAL MGMNT FAX NO, 4 P, 02 • . %# AD,)AC:ENT 1'1PA)2.1A1 PRQPiET:TY 0XN'tNEIZ STAT0IEi1T (.FOR A PIER rI-IOORIrVG 1'll_INGSIPOATLIFTIBOA1'HOUSF.) I hereby certify that I own property adjacent to KR'etf3. haA kC "`pd pp,, (Nime of Proper(y� Oi%ner) property located at LT Cl (Lod, Bloel:�, Road, etc.) N.C. VW t1 / -�— , (�v:ctclbocly) (Towtv;tttc}fo-r E'ewltv) --� IIe has described to me, as shown be1mv, the devclopntetjt Ile: is pmposlno ai that location, imid, I have no objections to Ili prollosal, I understand that a pie r/rnoorin piIinzs'boatliWboathouse must be set back a minimum distaftce of fifteen feet (15,) from MY lrea of rip3rian access tireless Wzllvcll by me, I Vito [lot wish to «vaive the setback 1'equlrement. -- I clo wish to r1«ive that setback requirement. •--------------------------------------------------- - DESCY11PI ON ANTWOR I)R,1- WJ\G Oy PROPOSER DE•'�'FLOPMENT: -- (To be filled in by iurlit•idual pi•opasltr,; t1C►�elopii�e�lt) Signature Point or Type Name 25'1- 2 3.- "felcphonz Nttn�befi Date: w `' SEP- I 2-2003 FR 109: 52 AM SIC D I V OF COASTA MGMNT FAX NO, 4 P, 0 i it -,MJ: � CE T RIPARIAN PLr OPERTY OWNER STA 1 EMEIN 7` (FOR A RtE RlikfQDRItyG prLr1VGS1B0A TL1Fy1B Ufi TffOLI' ,F I hereby certify that I own property adjacent to 6=`�J4�\b'Cc - K&�4zy t (Name ofPrope!-,% Ot>-nc!') property Iocatcd at 101' d-11 (Lot, Bjocli , R0att, 011 q (Town aiW/ar Ccaw h,) He has dcscribed to nie, its shown bcj(�4v, the clevetopiizerit fie isn;itta at that location, tztid, I have no objections to I)is proposai. I understand that a pierlizzOaring F}ki OS111}oatiift/t location, must he Sct back- a szziaziitzum CIiStancc of fi€teen feet (15') from my area of rilrarian access unless �t'aived by rite. ttot wish UT chive the se[back requirement. _. �� I two t4islz t0 t�•wivs: ttt:it setljack r4clttirzntertt_ -----------•-------------- ---- -------------- ------------------------ DESCRIC'`i'ION ANWOR DRAWING, OF PROPOSED DEN'1 LD1'A1ENT.- (710 be frllerf in bz' llttttf.t: ijal pi-opos !); f�E'E'f�tJl)JIlPIIlJ Si�rtahtre Print or T)W Name `I'zIc}�hQne%ttttzi}cr ...— Date: f OFFER TO PURCHASE AND CONTRACT Karen A. Ka/ooky and Ronald C. Ka/ooky ,as Buyer, hereby offers to purchase and Ritchie Sales Assoc. Inc ,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 Cape Carteret , County of Carteret , State of North Carolina, being known as and more particularly described as: Street Address 115 Cie Point Zip 28584 Legal Description: Lot 8 Cape Point (XAll El A portion of the property in Deed Reference: Book 889 Page No 629 Carteret 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: 3. PERSONAL PROPERTY: The following personal property is included in the purchase price: rangelenn-air/stove, dishwasher, built-in microwave, central vacuum 4. PURCHASE PRICE: The purchase price is $ . 457,500 and shall be paid as follows: (a) S 6.000 , EARNEST MONEY DEPOSIT with this offer by 0 cash X personal check El bank check LJ certified check LJ other: to be deposited and held in escrow by Bluewater GMAC Real Estate ("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) $ N/A , 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) $ N/A , 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) $ NIA , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (e) $ 451,500 , 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 VA (attc FHA/VA Financing Addendum) Conventional Q Other. N/A loan at a JK Fixed Rate Adjustable Rate in the principal amount of 407.500 (plus any financed VA Funding Fee or FHA MIP) for a term of 30 year(s), at an initial interest rate not to exceed 7 % 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 September 8, 2003 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 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. Page 1 of 4 This form jointly approved by: STANDARD FORM 2-T ®North Carolina Bar A sociation © 7/2002 North Carolina Asso ation pt 13EALTORS@, Inc. HEALTOP- Buyer Initials Seller Initials This form produced by F01'F➢ U19WItCe Forms Software 800-336-1027 (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for Residential 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, 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. 6. 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 arty, 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 $ 825 per Year 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 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 Property, the amount thereof shall be $ None , including any FHA/VA lender and inspection costs that Buyer is not pemutted 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, attomeys opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attomey 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 attomeys: 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, fimiished 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 AND INSPECTIONS: I-) Property Disclosure: LL]] 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. MExempt from N.C. Residential Property Disclosure Statement because (SEE GUIDELINES) New Construction ❑ The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum.) Buyer Initials XZ (�&x Page 2 of 4 Seller Initials This to- prod-ed bYFUrMU113rVe Forms Software 800-336-1027 STANDARD FORM 2-T O 7/2002 (b) Irroperty Inspection: Unless otherwise stated herein, Buyer shall have the option of inspecting, or obtaining at Buyers expense t .. 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 function for which intended and shall not be in need of immediate repair; (ii) theres hall 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 of necessary repairs shall be given to Seller on or before September 19, 2003 . Seller shall provide written notice to Buyer of Seller's response within 3 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 arry_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 Buyer 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 -destroying 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 September 30, 2003 at a place designated by Buyer. The deed is to be made to Karen A. Ka/ooky and Ronald C. Kaloph r 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.) Seller to paint all exterior trim and rails prior to closing. (B.)This offer Is contingent upon Buyer obtaining all necessary approvals from local, state & Federal Regulatory Agencies to construct a dock and boat lift to Buyers'satistaction on the above described property. (C.) New construction Addendum D. Additional provlslons Addendum 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. Page 3 of 4 STANDARD FORM 2-T Buyer Initials C C-I er Initials C 7/2002 This form produced by F0,rMU10tLFr' Forms Software 800-336-1027 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 REALTORO 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 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 REALTORO 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 mailing 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 SH ULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. / ql10 d Date: Au 3 Date: Buyer (SEAL) Seller KarenA. Kqoky �l rl 03 Date: August 30 2003 Date: , Buyer (SEAL) Ronald C. Kalooky Seller Q/Ei Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof.p Date /1/ POD 3 Firm: Bluewater GMAC Real Estate By: (Sig Selling Agent/Firm/Phone Sarah Hassinger/Eddy Myers Real Estate1728-1310 Acting as X Buyer's Agent ❑ Seller's (sub)Agent ❑ Dual Agent Listing Agent/Fimi/Phone Cagy Sheaffer/Bluewater GMAC Real Estate393-2111 Acting as X Seller's (sub)Agent ❑ Dual Agent Page 4 of 4 STANDARD FORM 2-T (0 7/2002 TMs forth produced by FY71MUINtaeForms Softwam 8M336-1027 NEW CONSTRUCTION ADDENDUM (Not to be used if Buyer owns lot) The additional provisions set forth below are hereby made a part of the Offer to Purchase and Contract ("Contract") for the Property located at: 115 Cape Point Blvd Cape Carteret, NC 28584 between Buyer: Karen A. Kalooky and Ronald C. Kalooky and Seller: Ritchie Sales Assoc Inc Seller represents and certifies that the name of the duly licensed general contractor who is constructing or is to construct the improvements on the Property is: Ritchie Sales Assoc. Inc. North Carolina contractor's license number, type and limit: 1. CONSTRUCTION OF HOUSE (a) Seller shall complete constriction of a single-family dwelling and related improvements (hereinafter "House") on the Property in accordance with the plans and specifications agreed to and signed by Seller and Buyer, and described as follows: (list or describe all site plans, drawings, floor plans, description of materials and specification lists): Install dishwaher,stovelrangerenn-air, built -In microwave Install built-in shelves,central vacuum mirrors In all bathrooms (hereinafter collectively "Plans and Specifications"). (b) Seller shall construct the House (i) in accordance with the Plans and Specifications; (ii) in compliance with all laws, regulations, codes, and ordinances applicable to the construction of the House; and (iii) in a good and workmanlike manner with new, good quality materials and components. (c) Seller shall not make any material deviation or change in the Plans and Specifications without the prior written consent of Buyer. 2. COST OF CONSTRUCTION. (a) Seller shall provide and pay for all labor, materials, equipment, tools, clean-up, utilities, transportation, facilities, permits, fees, licenses and all other costs, charges and expenses whatsoever in connection with or related to the construction of the House. (b) Seller shall pay all costs, charges, and other expenses, of any nature whatsoever, for Seller's construction financing of the House. 3. COMPLETION OF CONSTRUCTION. Seller shall diligently pursue the construction of the House, and shall complete construction of the House as a "turn -key" job on or before the Closing. If Seller is delayed at any time in the progress of construction by (a) any act or neglect of Buyer, (b) any changes ordered in the construction, (c) material shortages, adverse weather conditions, or delays in transportation which were not reasonably anticipated or (d) acts of God, then time for completion of construction of the House and the Closing shall be extended automatically by a reasonable time to account for the delay experienced. Seller shall notify Buyer in writing within ten (10) days after the commencement of the delay; otherwise the right to an extension shall be waived. The construction of the .House shall be deemed completed when (i) the House has been completed in accordance with the Plans and Specifications and is broom -clean; and (ii) a certificate of compliance has been issued by the appropriate governmental authority having jurisdiction over the construction of the House. 4. PURCHASE PRICE AND ALLOWANCES. The purchase price set forth in paragraph 4 of the Contract includes the purchase price of the House and all allowances stated on this Addendum Whenever the final cost for allowances is more or less than the allowances stated on this Addendum, the difference shall be adjusted between the parties at or prior to Closing. 5. INSPECTION. Buyer or Buyer's designated representative may enter and inspect the House at reasonable times and in such manner as not to interfere with the progress of construction for the limited purpose of determining whether the work performed or being performed conforms with the Plans and Specifications and the terms of this Contract. In the event that during construction the Buyer shallreasonably determine that such construction is not proceeding in accordance with the Contract, Buyer shall give written notice to Seller specifying the particular deviation, deficiency, or omission, and the Seller shall forthwith correct such deviation, deficiency, or omission. Buyer's rights under this paragraph shall not release Seller from any of Seller's obligations for the construction of the House in accordance with the Plans and Specifications and this Contract. Page 1 of 4 This form jointly approved by: STANDARD FORM 2A3-T 113 North Carolina Bar Association ©7/2002 North Carolina Association of ALTORS®, Inc, 12t REALTOR• Buyer Initials Se r Initials Ths form mdiced by Furmulararl Forms Software 800436-1027 5. IMSURANCE. Seller shall purchase and maintain "All Risks" Builder's Risk Insurance coverage, including Theft and Vandalism and Malicious Mischief, upon the House on a "Completed Values" basis, while the House is in the course of construction. "Completed Values" shall mean the full value of the House, as of the date that all construction is completed, including the Seller's total cost plus profit, but excluding the cost of the land. In the event that construction is fully completed prior to sale of the Property, Seller shall purchase and maintain Permanent "All Risks" Property Insurance coverage on the House, including Theft and Vandalism and Malicious Mischief, on a "Replacement Cost" basis. "Replacement Cost" shall mean the full cost of replacement of the structure or structures at the same site with new material of like kind and quality without deduction for depreciation. In addition, Seller shall purchase and maintain Third Party Liability Insurance coverage on the premises of the Property during the course of, and after construction is completed. Seller shall assume the obligation and cost of restoring, rebuilding, repairing and/or replacing the House. Such risk of loss or damage assumed by Seller shall continue until the Closing in accordance with the terms of this Contract. 7. CHANGE ORDERS. The Buyer, without invalidating this Contract, may order changes in the construction of the House within the general scope of the Plans and Specifications, consisting of additions, deletions or other revisions, and the purchase price and Closing date shall be adjusted accordingly. All such changes shall be made only by a change order, which shall be in writing and signed by both Buyer and Seller. S. WARRANTIES. (a) LIMITED WARRANTY OF CONSTRUCTION. Unless otherwise provide forherein, Seller hereby warrants that, foraperiod ofone (1) year from the date of CIosing or the date Buyer occupies the House, whichever comes first, Seller will make all necessary repairs and corrections to the House, either interior or exterior, structural or nonstructural, that shall become necessary by reason of faulty construction, labor or materials or nonconformity of construction to the Plans and Specifications. At Seller's sole option, Seller may either (i) make such repairs and corrections, (ii) replace any faulty or non -conforming item or condition or (iii) pay to Buyer the reasonable cost of such repair, correction or replacement. This limited warranty:(1) is forthe benefit ofBuyeronly and may notbe assigned nor shall it inure to benefit of any other person or entity, and (2) shall survive Closing and the delivery of the deed. (b) WARRANTIES OF COMPONENTS. Seller shall assign and deliver to Buyer at Closing all guarantees and warranties of all components comprising the House to the extent the same are assignable. Buyer shall be responsible for compliance with any notice and claim procedures set forth therein. 9. INSULATION OF HOUSE: WALLS THICKNESS R-VALUE CEILINGS FLOORS 10. SCHEDULE OF ALLOWANCES. Note: Reference should be made to the Plans and Specifications for a more detailed description of the items and allowances and where the items are to be located. The amount of the allowances indicated below includes the materials and labor to install the item unless otherwise indicated. ITEM AMOUNT OF ALLOWANCE 1. Wallpaper: A. Kitchen $ __ N/A per roll B. Bathrooms $ N/A per roll C. Other N/A $ N/A per roll 2. Flooring: A. Carpet and Pads $ N/A per sq. yd. B. Marble or Ceramic tile $ N/A per sq. ft. C. Vuryllfloor covering $ N/A per sq. yd. D. Hardwood $ N/A per sq. ft. 3. Light fixtures (including fixtures, bulbs, spots, floods, door chimes and recessed fixtures) $ N/A Hardware for doors $ N/A Page 2 of 44 --a Buyer Initials r twI— eller Initials °L: This form produced by ForMU19frew ' Forms Software 800-336-1027 STANDARD FORM 2A3-T V 7/2002 . , .5. Cabinets: A. Kitchen $ N/A B. Bathrooms $ N/A C. Other N/A $ N/A 6. Countertops: A. Kitchen $ N/A B. Bathrooms $ N/A C. Other N/A $ N/A 7. Paneled walls $ N/A per 4x8 sheet 8. Appliances: A. Range $ 2,028 B. Oven $ See above -range C. Refrigerator $ N/A D. Dishwasher $ 667 E. Disposal $ N/A F. Microwave $ 600 G. N/A $ N/A H. N/A $ N/A I. N/A $ N/A J. N/A $ N/A 9. Bathrooms: A. Mirrors and Medicine Cabinets $ N/A B. Accessories (such as Paper and Towel Bars) $ N/A C. Plumbing Fixtures $ N/A 10. Ceiling fan(s) $ N/A 11. Landscaping to include trees and shrubs $ N/A 12 Driveway $ N/A 13. N/A $ N/A 14. N/A $ N/A 15. N/A $ N/A 16. N/A $ N/A 17. N/A $ N/A 18. N/A $ N/A Pages 3��of 4 Buyer InitialsL41S,61er Initials Tiffs form pmdjced by FarmuIc-FW1' Forms software 800-336-1027 STANDARD FORM 2A3-T © 7/2002 '.. • f 19. 20. $ N/A $ N/A IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT, THIS ADDENDUM SHALL CONTROL. 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 August 30, 2003 Buyer: C ' L (� (SEAL) Ronald C. Kalooky TNs form produced by FOrMU/a' WR `Forms Software 800-336-1027 Date Seller Date Seller Page 4 of 4 STANDARD FORM 2A3-T © 7/2002 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 ("Contract"). Those provisions marked "N/A" shall not apply. NIA EXPIRATION OF OFFER: This offer shall expire unless acceptance is delivered to Buyer or to NIA on or before NIA ❑ AM ❑ PM, on NIA or until withdrawn by the Buyer, whichever occurs first. 2. NIA 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. 3. NIA SEWER SYSTEM: This Contract is contingent upon Buyer obtaining an Improvement Permit from the County Health Department ("County") for a (check only ONE) ❑ conventional or ❑other NIA ground absorption sewage system for a NIA bedroom home. All costs and expenses of obtaining such Permit shall be borne by Buyer, except Seller shall be responsible for clearing that portion of the Property required by the county to perform its tests and/or inspections no later than NIA . Buyer shall use Buyer's best efforts to obtain such Permit. If the ground absorption sewage system is not permitted, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer shall have until NIA , time being of the essence, to provide written notice to Seller that this condition cannot be satisfied, otherwise the condition is deemed satisfied. 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. 6. NIA APPRRAISAL WITHOUT FINANCING 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 NIA . 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. NIA CLOSING OF EXISTING CONTRACT CONTINGENCY: This Contract is contingent upon closing of an existing contract on the Buyer's real property located at: NIA on or before NIA . If this contingency is not removed on or before midnight of NIA , Seller may terminate this Contract and all earnest monies shall be returned to Buyer. Page 1 of 2 113 This form jointly approved by: STANDARD FORM 2A11-T North Carolina Bar Association12r © 7/2002 eQ— REALTOR• North Carolina Association f ALTORS®, Inc. Buyer Initials e ers Initials This form produced by Formulator Forms software 800-336-1027 f:/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. N/A COST OF REPAIR CONTINGENCY: If a reasonable estimate of the total cost of repairs required by Paragraph 12(b) and Paragraph 12(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. IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT, THIS ADDENDUM SHALL CONTROL. THE NORTH CAROLINA ASSOCIATION OF REALTORSV, 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. z A : SELLER: SELLER: Page 2 of 2 This forth produced by FvrmU1MrL0 r' Forms Software 800-336-1027 (SEAL) DATE August 30, 2003 (SEAL) DATE August 30, 2003 (SEAL) DATE Ll k 6 L Iy, (SEAL) DATE `) I / W STANDARD FORM 2A11-T © 7/2002 Eddy Myers 919-728-5005 p.2 ff s--- C-yu P6,.,r s ioreline Piers and Boatlifts, Inc Centrgp Court ,unshoro. NC 28584 irl cn P Ito Lb � 1