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HomeMy WebLinkAbout95-89_Finley, Robert_19950405EMERALD ISLE Local Governrnent 10 95-89 Permit Number CAMA MINOR DEVELOPMENT PERMIT L?- : )J as authorized by the State of North Carolina, Department of Environment, Health, and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the • General Statutes, "Coastal Area Management." Issued to ROBERT-,FINLEY, EMERALD PLAZA, EMERALD ISLE, NC authorizing development in EMERALD ISLE ,at 9917 SHIPWRECT LN, BLK 47, LOT 42 as requested in the permittee's application dated MARCH 23, 1995 This permit, issued on APRIL 5, 1995is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. RESIDENTIAL DEVELOPMENT 1. The structure must be set back 105 feet from the first line of stable natural vegetat 2. The structure must be located entirely off of the frontal dune, and, if a primary dun is present, behind the crest of the primary dune. 3. The structure must be elevated on pilings with a diameter of at least eight (8) inche and the first floor level of the sills and joists must meet the minimal 100-year floo as required by FIRM Community -Panel # 370047-0001. 4. If the structure is located closer than 60 times the annual erosion rate from the mos seaward line of stable natural vegetation, all pilings shall have a tip penetration of at least five (5) feet below mean sea level, or sixteen feet below average origina grade, whichever is least; if located on a primary dune, the tip penetration must be at least five (5) feet below mean sea level. 5. No impermeable surfaces shall be allowed over any functional part of the septic tank system. 6. Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. 7. This permit may be renewed for one year, if requested before the expiration date. (Continued on page two) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. CAROL A. ANGPS Local Permit Officer (signature) This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on In issuing this permit it is agreed that this project is consis- tent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. 7500 EMERALD DRIVE name ress Permittee (signature required if special conditions above apply to permit) on. 11 Pap, 2 8. The permittee is required to contact the Local Permit Officer shortly before he plans to begin construction, to arrange setback measurements which will be effec- tive for 60 days, barring a major shoreline change. Construction -must begin with- in 60 days of the determination or the measurement is void and must be redone. 9. Sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. 10. Sand held in storage in any dune other than frontal or primary dunes may be moved laterally in order to strengthen existing primary or frontal dunes if the work would enhance the protection to the proposed development activity and the sand is immediately stabilized. 11. Any structure shall be relocated or dismantled when it becomes imminently threatene: by changes in shoreline configuration. The structure(s) shall be relocated or dis- mantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recove_ or beach nourishment take place within two (2) years of the time'the structure becor imminently threatened, so that the structure is no longer imminently threatened, the it need not be relocated or dismantled at that time. This condition shall not affec the permit holders right to seek authorization of temporary protective measure allot under 7H.0308(a)(2), (15A NCAC 7H.0306(1)). Access over dunes as a part of Minor Permit 1. Accessways shall be exclusively for pedestrian use, shall be no more than six (6) feet wide, and shall be elevated on pilings of no more than five (5) feet in.depth so that only the pilings touch the sand. 2. Only negilgible alteration of dunes is allowed during construction and any disturbed areas of vegetation shall be revegetated immediately. 3. Unenclosed, uninhabitable gazebos with floor areas of 200 square feet or less, are permitted. %4 Locality Permit Number 7 �/ GENERAL INFORMATION_C-��` LAND OWNER MAR 2 3 1.095 Name R066XT � /VL F Address E�'lF2-0L/� �Ld2.El °� •__•""•""s•a'��«+�®4�oa City rw4w `S�-e State /V r- Zip 7-8 S911- Phone 9/Q 3 SfL-SSS"5" AUTHORIZED AGENT Name mow fixrsr!6 F Address ! e z City awe 6i./-4tzT State, AAf Zip 2&5­9 'rl Phone LOCATION OF PROJECT ;I/ s ZFAc H (If not oceanfront, is waterbody natural or manmade?) DESCRIPTION OF 'G Z3 e. 00 Z es 5,(S/ram«/ 9 �ea . e.?w AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION (To be filled in by the Local Permit Officer prior to completing application.) �Zocean Hazard Estuarine Shoreline ORW Shoreline Other PROPOSED USE Residential Commercial/Industrial Other SIZE OF BUILDING IN SQUARE FEET 1g3lo Size of other impervious or built upon surfaces (such as driveways, etc.) within 75 feet of the shoreline (575 feet of an ORW shoreline) SIZE OF SITE IN SQUARE FEET /09, d9 �• �• OTHER PERMITS MAY BE REQUIRED ... The activity which you are planning may require permits other than the CAMA minor permit you are applying for here. As a service we have com- pplied a listing of the kinds of permits which might be required. We suggest that you check over this list with your Local Permit Officer to determine which, if any, of these may apply to your project. This is not a requirement of LAMA, only a sugges- tion to help you complete your project as quickly as possible. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Burning, Electri- cal, Plumbing, Heating and Air Conditioning, In- sulation and Energy Conservation, FIA Certifica- tion, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, Others: . . - a STATEMENT OF OWNERSHIP r I, the undersigned, an applicant for a CAMA minor development permit, begin either the owner of property in an area of environmental concern or a person authorized to act as an agent for purposes of applying for a Z CAMA minor development permit, certify that the person listed as landowner on this application has a sig- H nificant interest in the real property described therein. This interest can be described as follows: (check one) an owner of record title, Title is vested in , see Deed Book page in the County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. !/ if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this application. AZ&l �~R.sGT r O n a r NOTIFICATION OF ADJACENT PROPERTY OWNERS '~ I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1) Alono aGD 66,%e /gI .COED !;qW. ✓G S 11C 29 377 re (2) (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this ap- plication, the ownership statement, the AEC hazard notice where necessary, a check for $50.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without a per- mit is subject to civil, criminal and administrative action. This theaN0day of e& ,19—? f _�- or"person authorized to act as his agent of filing a CAMA permit application. M 3 OF 4 95-89 TOWN OF. EMERALD ISLE 7500 EMERALD DRIVE EMERALD ISLE, NC 28594 919/354-3338 DATE: March 23, 1995 TO: Patti Lyerly, Classified FROM: Carol Angus;. Planning Dept., Inspections Asst. SI]g7FI'T: CAMA Permit Notice Publication Please publish on Sunday, March 26, 1995 Pursuant to NCS 113A-119(b), Emerald Isle, a locality authorized to issue permits in Areas of Environmental Concern, hereby gives [NICE that on March 23, 1995, Robert Finley applied for a CAMA permit to erect a duplex with 8 bedrooms, 6 baths, concrete drive, decking, 2 septic areas, and access across dunes at 9917 Shipwreck Lane, Block 47, rot 42, Spinnakers Landing. The application may be inspected at the address below. Public Comments received by April 5, 1995 will be considered. Later cocmnents will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision on this matter will be provided upon written request. Stephen C. Harrell - Local CAMA Permit Officer Town of Emerald Isle P�ol�c�� TRANSACTION REPORT MAR-23-95 THU 9:32 �K DATE START RECEIVER TX TIME PAGES TYPE NOTE MAR-23 9 ; 29 CARTERET NEWS 2' 36" 41 SEND OK AEC HAZARD NOTICE Project Is In An: Ocean Erodible Area Date Lot Was Platted:Jvwel /*,� High Hazard Flood Area Inlet Hazard Area This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alteration are designed to minimize,but not eliminate, property loss from hazards: By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual ocean YSTLate for the area where your property is located is et per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as ,5a feet landward in a major storm. The good waters in a major storm are predicted to be about feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, F.. seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary devices, including sand bags, may be allowed under certain conditions. This structure shall be relocated or dismantled within two years of becoming imminently threatened. The applicant must acknowledge this information and requirements by signing this notice in the below space. Without the proper signature, the application will not be SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer will determine the vegetation line and setback distance at your site. If the property has seen little change and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. It is impor- tant that you check with the LP before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary. If substantial progress has not been made, the permit must be renewed and a new setback lineestablished. It is unlawful to continue work after permit expiration without this approval. For more information, contact: CAROL ANGUS Local Permit Officer 7500 EMERALD DRIVE Address EMERALD ISLE, NC 28594 Locality 919/354-3338 Phone Revised 11193 OCEANFRONT DEVELOPMENT NOTIFICATION Date �/i1�,� 4 c�.vos� ltic� •E" �cr� s /ilG 2g 377 Dear Sir/Madam: This notice is to inform you, as an adjoining property owner to A'e'- �2 -5'P//Jx'f&&rS /69C./17 address ` Emerald Isle, N.C.-the property is being reviewed by the local CAMA (Coastal Area Manage- ment Agency) office to develop this property. It is the intent to develop this property as a: Single family Du lex (Circle one) 5 Total bedrooms tle' Total baths v Access over dunes toward the ocean with sitting area/gazebo. Access over dunes toward the ocean with no sitting area/gazebo. All regulations required by Coastal Area Management Agency, State of North Carolina Building Code and the Town of Emerald Isle will be enforced. If you have any questions, or opposition to this development, please contact: &egr Owner/Contractor OR Stephen C. Harrell �I Local CAMA Officer /L.d VUsW Z-4- Address 7500 Emerald Drive �G��`// ,/ Emerald Isle, NC 28594 SG2 Z$5-f � City, State phone 919/354-3338 3S� SSSS Phone • /-i T� it /_I T I G GL E A.�/ �' • 5 8r' l3' 39 —�•75• 13' _- �_ APPROX fN W.M• �d Stj n, 2. �"-'� APP.�OK. F.G. ✓. /3�f• 9L P h IZonjE V11 goNE I z°>JE Aa( YovE'gI2 Zon/E1 • a • . JL � �/ BO"I -' 3V, 12pN PIPES A7 ALL Gok,NEL6 CXCEYT AT 44 16-FJ WA -'Ee N14 i2 IL !8 W Z� N t2�Ev/fr(r,/4 ENE A r20� O ti � o ti c.l vE 24--r. An:r-cJE t::rvauvv , f 1w A L-S 1 ATl,.4,viG Ocfil w/ v1,c1A 1 rV SAGETG N JI `t4� � J u U �y 1 Z mac. EL-G4 a I I I " I116K TO I MEET c7- Er�oEco N.G• - BuI�.D �NCa CACE _ 4 AJOTES ' 5 r)TNiS PR0PEI2Tj/ Js sudJEGT TO ALL. CASCMEA4715, AG,CEr<- A461-JT5 AaJO Rl614Ts OF t4JAY of 2bGDjeD PItIOJt To -n-le DATE OF -rvi:5 PLAT. /Z Z�CGOSURE /, �O, oonf •�i REF.• `4 +) TiAK. -)k 71"PeARAP!//6 I'VFo,CM-4774✓ yG __T,r!/LE•A/ F•2O4( Tt/E 77�k/A/gc A,eEA JS 31, Ji9. 89 s• F EM4r-/L4L0 /5L•t AM41A/4G r'L001) ZGWES PER PLAT Zia V Ilgi(PS . M. 3700 4/6 - a 04Ck' - G B " tifAR'GN �% J'185' L EG EJvo �� R/vv RtGNT of t�/Ay \�Q . 5• F• SQuAI28 FEET P.O. MA P ,B ao K fl;. PAGE M. B.S. L. MIi.JrMUM BUrLIJrtiIG 2Z 5ET [3A G.lC. tt til(; q- ,►J.M. ► 1CGW WA TIErZ MAP-IG ✓ Ft. Ae v l r� fJJPWREGK LA,UE Cs402D OCAtzt,uc A"O 01n-r. (P.P/VATC) 50.01, 45 'MA Ll PPG /C4 T/t/ DO..2Ak//^/Gtrz vi�flc/ .ODD a11nnn+nnq n hereby Certify that t +17" C"- 5.���C�i�srer� .. G oT 112 , B 06At 1/7 • .Lt � SP/Aiti�IKERS REAG hma;tts Z COUNTY CITY TOWNSHIP CARTERET t;AAEi'-'ALC) /•SLG WNrT�OAc. IQ e a THIS AP IS OT EB \.�•� tiSCALE, DATE PROJECT NO. ,y et,i•, •••:•°• „,.� • 1 OMAPGN it,, 1895 95ct 1 rYnnn:ttiis6Z R is eyed Land Surveyor Registration. No. SU EY D BY DATE Engineering and Land Surveying, P.A. ,FBsMA / ,eeA/ /995 101 anatee Street- Cape Carteret FIELD BOOK DRAWN BY . Swansboro, North Carolina 28584 PACE K • A • 6. 1 J . A • 0 . 919-393-2129 Fax 919-393-3075 r 03/22/95 21:28 $910 673 1729 PROPERTY CENTER IN 01/001 PRESTIGE ENGINEERING 91939S3075 P.Vz March 23, 1995 To Whom it May Concern Reference: C.A.M.A. permit Applications for lots 36,38,42, and 44 in Phase one of spinnakers Reach. As the owners of the adjoining lots to the above referenced lots, we have no objection to the proposed development of these lots as,described in the applications presented to us. Thank you for your prompt and tamely response to these ,-applications. since w. Randall Campbell a ,�--. -- COLDWELL BANKER SPECTRUM PROPERTIES OFFER TO PURCHAgE CONTRACT AND AG LENT Robert W. Finley and wife Stacy Rebecca Fas Buyer, hereby offers to purchase and fi'merald Sands, i- ne- *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 personal property as is listed below ( the real and personal property are collectively referred to as "the Property"), in accordance with the Standard Provisions on the REVERSE SIDE HEREOF and upon the following terms and conditions: 1. REAL PROPERTY: ,Located in the City of Emerald Isle , County of Carteret , State of North Carolina, being known as and more particularly described as: Street Address: Shipwreck Lane. 28594 Legal Description: L at 42 Spinnaker's Reach Block 47 South 2. PERSONAL PROPERTY: none 3. PURCHASE PRICE: The purchase price is S235,000.00 and shall be paid a follows: (a) _S2350.00 in earnest money paid by Personal Check with the delivery of this contract, to be held in escrow by Ervin and Parnmere ,as agent, until the sale is closed, at which time it will be credited to buyer, or until contract is otherwise terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF; (b) SA- ,by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of trust on the Property; (c) S-0- .by a promissory note secured by a purchase money deed of trust on the property with interest prior to default at the rate of n/a % per annum payable as follows: n/a • Prepayment restrictions and /or penalties, if any, shall be: n/a (d) 5232,650.00 ,the balance of the purchase price in cash at closing. 4. CONDITIONS: (State N/A in each blank of paragraph 4(a) and 4(b) that is not a condition to this contract.) (a) The Buyer must be able to obtain a firm commitment on or before February 28- 1995 effective through the date of closing, for a Conventional Construction Permanent loan in the principal amount of __S432.000 for a term of 30 year(s), at an interest rate not to exceed 9.51 per annum, with mortgage loan discount points not to exceed Qof the loan amount. Buyer, agrees to use his best efforts to secure such commitment and to advise Seller immediately upon receipt of the lender's decision. If Seller is to pay any closing cost, those costs are as followsmone (b) The Buyer must be able to assume the unpaid principal balance of the existing loan described in paragraph 3 (b) above for the remainder of the loan term, at an interest rate not to exceed n/a % per annum fixed (or describe type of loan) n/a with mortgage loan assumption and/or discount points not to exceed n/a % of the loan balance. (See Standard Provision No. 2). If such assumption requires the lender's approval, approval must be granted on or before n/a Buyer agrees to use his best efforts to segue such approval and to advise Seller immediately upon his receipt of the lender's decision. If Seller is to pay any loan assumption costs, those costs are as follows: Tn/a (c) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the real property for residential/rental purposes, S. ASSESSMENTS: Seller warrants that there are no special assessments, either pending or confirmed, for sidewalk, paving, water, sewer or other improvements on or adjoining the Property, except as follows: Spinnaker's Reach Homeowners Association (Insert "None" or the identification of such assessments, if any. The agreement for payment or proration of any assessments indicated is to be set forth, in paragraph 6 below.) 6. OTHER PROVISIONS AND CONDITIONS: (a) All of the Standard Provisions on the REVERSE SIDE HEREOF are understood and shall apply to this instrument, except the following numbered Standard Provisions shall be deleted: (If none are to be deleted, state "None".) (b) Other Conditions: Offer contingent anon buyers being able to obtain LAMA. sentic building and grradony n rmitm to 6 gild a nn,'.yi�7�i�T IF THERE ARE ANY ADDENDA TO THIS CONTRACT, INDICATE ABOVE AND ATTACH HERETO. 7. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title on or before March 15, 1995 at a place designated by as greed to by buyer & Attorney. The deed is to be made to' Robert W. Finley and wife Stacy Rebecca Finley , 8. POSSESSION: Possession shall be delivered at closing In the event that Buyer has agreed that possession is not delivered at closing, then Seller agrees to pay to Buyer the sum of SDLa_, per day from and including the date of closing to and including the date that possession is to be delivered as above set forth. 9. COUNTERPARTS: This offer shall become a binding contract when signed by both Buyer and Seller. It is to be signed in counterparts with a signed counterpart being retained by each party hereto and th row agent, if any. Date of Offer: Date of Acce tan : D- 2e — J Buyer (SEAL) Seller"', (SEAL) Buyer ' ' (SEAL) Seller SEAL) I hereby a&nowlelge receipt of the est money herein set forth and agree to hold and disburse the same in accordance with the terms hereof. Date Firm ErnGjP— Ai—O 5-PJL� 5 By:, Name of Selling Agent/Firm ,_Ellie Sale, Coldwell Banker Spectrum Properties Name of Listing Agent/Firm Judy O'Neil. Spinnaker's Reach Jr, • COLDWELL BANKER SPECTRUM PROPERTIES OFFER TO PURCHASE CONTRACT AND AGREEMENT STANDARD PROVISIONS EST MONEY: In the event this offer is not accepted, or in the event that any of the conditions hereto are not satisfied, or in the event of a breach of this contract by Seller, then est money 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 this contract, then the earnest money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a ween Seller and Buyer over the return or forfeiture of tamest money held in escrow by a broker, the broker is required by state law to retain said earnest money in his taut or - cunt until be has obtained a written release from the parties consenting to its disposition or unit disbursement is ordered by a court of competent jurisdiction. ASSUMED: In the event a loan is assumed as part of the payment of the purchase price, then all payments due fran Seller thereon must be current at closing, and the balance assumed shall be computed as of the date of closing. The amounts shown for the assumption balance and cash at closing shall be adjusted as appropriate at closing to final computations. Unless Buyer has otherwise specifically agreed in writing, the existing loan must be assumable without either acceleration of the amount secured or any the original terms of the note and deed of trust. Buyer shall be responsible for all loan assumption costs. Seller shall have no obligation to pay any loan assumption costs ifically set forth in this contract. The escrow account, if any, shall be purchased by Buyer. [SSORY NOTE AND DEED OF TRUST: In the event a promissory rate secured by a deed of trust is given by Buyer to Seller as part of the payment of the purchase price, sory note and deed of taut shall be in the form of and contain the provisions of the currently approved N. C. Bar Association Forms 4 and S, as modified in paragraph 3(c) on side hereof %TIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at closing. alorem taxes on real property shall be prorated on a calendar year basis to the date of closing; alorem taxes on personal property for the entire year shall be paid by Seller, ate listing penalties, if any, shall be paid by Seller, if arty, for the Property shall be prorated to the date of closing; rued, but unpaid interest and other charges to Seller, if any, shall be computed to the date of closing and paid by Seller. Interest and other charges prepaid by Seller shall be to Seller at closing and paid by Seller. Interest and other charges prepaid by Seller shall be credited to Seller at closing and paid by Buyer. (Other charges may include FHA insurance premiums, private mortgage insurance premiums and homeowner's association dues.) AND OTHER CASUALTY: The risk of loss or damage by fine or other casualty prior to closing shall be upon Seller. DITIONS: Property must be in substantially the same condition at closing as on the date of this offer, reasonable wear and tear excepted eds of trust, liens and other charges against the Property, not assumed by Buyer. must be paid and cancelled by Seller prior to or at closing. must be delivered at closing by general warranty deed and must be fee simple marketable title, free of all encumbrances except ad valorem taxes for the current year (prorated to of closing, utility casements and unviolated restrictive covenants that do not materially affect the value of the Property and such other encumbrances as may be assumed or ly approved by Buyer. The property must have legal access to a public right of way. LOAN: Buyer shall be responsible for all costs with respect to any new loan obtained by Buyer, Seller Shan have no obligation to pay any discount fee or other charge in on therewith unless specifically set forth in this contract ECTIONS: Unless otherwise stated herein: (i) the electrical, plumbing, heating and cooling systems and built-in appliances, if any, shall be in good working order at closing; (u) gutters, structural components, foundation, fireplace(s) and chimney(:) shall be performing the function for which intended and shall not be in need of immediate repair, (ui) tl be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s); and (iv) the weWwater and septic/sewer systems, if any, shall be , not in need of immediate repair and performing the function for which intended Buyer shall have the option to have the above listed systems, items and conditions inspected table inspector or contractor, at Buyers expense (unless otherwise provided in this contrad), but such inspections must be completed in sufficient time before closing to permit irs to be completed by closing. If any repairs are necessary, Seller shall have the option of (a) conipletiirg them, (b) providing for their completion, or (c) refusing to complete Seller elects not to complete or provide for the completion of the repairs, then Buyer shall have the option of (d) accepting the Property in its present condition, or (e) terminating ct, in which case the earnest money shall be refunded Closing shall constitute acceptance of each of the systems, items and conditions listed in (i), (ii), (iii), and (iv) above in xisting condition unless provision is otherwise made in writing. R OBTAINS A VETERANS ADMINISTRATION (VA) LOAN. SELLER SHALL PAY THE COST OF ANY WELLIWATER AND SEPTIC/SEWER SYSTEM ION. MENDATION: Buyer should have any inspections made prior to incurring expenses for closing. D-DESTROYING INSECTS: Unless otherwise stated herein Buyer shall have the option of obtaining, at Buyers expense, a report from a licensed pest control operator on a form in accordance with the regulations of the North Carolina Structural Pest Control Committee, stating that there was no visible evidence of wood -destroying insects and g no indication of visible damage therefrom The report must be obtained in sufficient time before closing so as to permit treatment, if any, and repairs, if any. to be completed losing. All treatment required shall be paid for by Seller and completed prior to closing, unless otherwise agreed upon in writing by the parties. If any structural repairs are .Seller shall have tbe option of (a) completing them, (b) providing for their completion, or (c) refusing to complete them If Seller elects not to complete or provide for the on of structural repairs, then Buyer shall have the option of (d) accepting the Property in its present condition, or (e) terminating this contact, in which case the tamest money refunded 'The Buyer is advised that the inspection and report described in the paragraph may not always reveal either structural damage or damage caused by agents or other that wood -destroying insects. If new construction, Seller shall provide a new construction termite guarantee. R OBTAINS A VETERANS ADMINISTRATION (VA) LOAN, SELLER SHALL PAY THE COST OF THE WOOD -DESTROYING INSECT REPORT. OR AND MATERIAL Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and material% if any. to the Pro" within 12 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 Buyer agrees to purchase1-our Seller the fuel, .if any. situated in a tank on the Property at the prevailing rate, with the cost of measurement thence$ if any, being lid by SING EXPENSES: Seller shall pay for the preparation of a deed and for the excise tax (revenue stamps) required by law, Buyer shall pay for recording the deed and for on and recording of all instruments required to secure the balance of the purchase price unpaid at closing. DENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the acceptance of this offer, copies of all tide information in n of or available to Seller, including but not limited to : title insurance policies, attorneys opinions on title, surveys, covenants, deeds noted and deeds of trust and easements the Property. IGNMENTS: This contract may not be assigned without the written agreement of all parties, but if assigned by agreement, then this contract shall be binding on the assignee eirs and successors TIES: This contract shall be binding upon and shall inure to the benefit of the parties and their heirs. successors and assigns. As used herein, words in the singular include the d the masculine includes the feminine and neuter genders, as appropriate. ViVAU If arty provision herein contained which by its nature and effect is required to be observed, kept or performed slier the closing, it shall survive the closing and remain pon and for the benefit of the parties hereto until fully observed, kept or performed. RE AGREEMENT: Buyer acknowledges that he has inspected the Property. This contract contains the entire agreement of the parties and there are no representations, its or other provisions other than those expressed in writing. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein any agreement between a REALTOR or broker and Seller as contained in any listing contract or other agreement between them