HomeMy WebLinkAboutBall, Joshr. JCAMA / --' DREDGE &FILL
Na 71617 A B C, D
GENERAL PERMIT'
Previous permit #
New __Modification 'iComplete Reissue --Partial Reissue Date previous permit issued
7
aUftr11166 y) of North Caroba Department of Environmental
Qurslity
� P ��
area e vconcern
and the Coastal Resources Commission in an❑
uant to 15A NCAC
Rules attached.
6
Applicant Name '' rj
Project Location: County e- r -1
Address I '� 1 �'
Street Address/ Statea / Lot #(s
_` __
Arer e'''�+ State ZI -J I;City-
Phone #� �E-Ma'I
Subdivision)
City r /" ' ; ' '' ZIP
Authorized Agent
ElCW '�EWA ❑ ES ❑ PTS
Phone # (____) River Basin
Affected
ElOEA ElHHF ❑ IH ElUBA ❑ N/A
AEC(s):
Adj. Wtr. Body_ � �' �` � nat man unkn
❑ PWS:
✓ r.
Closest Mai. Wtr. Body —
ORW: yes / no PNA yes / no
Type of Project/ Activity L3 X 3 51 r 4'
(Scale: ) I )
Pier (,
Fixed
Floati
Finger
Groin
Bulkh
Basin
Boat
Boad
Bead
Othe
Shon
SAV:
Morz
Phot
Waiv
A building permit may be required by: ❑ See note on back regarding River Basin rules.
( Note Local Planning jurisdiction)^
Notes/ Special Conditions
i
Agent or Applican Printed Name Permit Of ice r Pri Nam#
• K
k
Sigh' atfure ,- Pleasq read compliance statement on back of permit Signature,
YC A
Application Fee(s) Check# Issum Date Expiration Date
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 Resources. Contact the Division of Water Resources 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
Morehead City Headquarters Washington District
400 Commerce Ave 943 Washington Square Mall
Morehead City, NC 28557 Washington, NC 27889
252-808-2808/ 1-888-4RCOAST 252-946-6481
Fax: 252-247-3330 Fax: 252-948-0478
(Serves: Carteret, Craven, Onslow -
North of New River Inlet- and Pamlico
Counties)
Elizabeth City District
401 S. Griffin St.
Ste. 300
Elizabeth City, NC 27909
252-264-3901
Fax: 252-264-3723
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax: 910-395-3964
(Serves: Brunswick, New Hanover,
Onslow - South of New River Inlet -
and Pender Counties)
http://portal.ncdenr.org/web/cm/dcm-home
Revised 7/06/ 17
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address: I
Cr- cQ,a� "10„�� , l�► C 2a 5�
Phone Number: q,1 CL 5' �
Email Address: Gho m� �P 5q O a ► • (` o rn
I certify that 1 have authorized V45'rrber -( k9 nt� r
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Boat i Aft
at my property located at
in r ky4fx County.
NC
l furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
1^art-'
Title
4 5 1 iCd
Date
This certification is valid through 12 1 31 1 18
R�CE1Njp-
3U�- 'L 41A
pCM_ VAD (;"Ty
jS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: _ t p h rX 1� a „
Address of Property:
(Lot or Street #, Street or Road, City & County)
Agent's Name #: Cliff Harris Mailing Address
PO Box 4562
Agent's phone #: 252-342-9987 Emerald Isle, NC 28594
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are pr sing. A description or drawing with dimensions must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is beingproposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at http://www.nccoastalmana-gement.netlweblcmistaff-listinor by calling 1-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail.
M1 00.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (HRECEIVED
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement. JUL 2 4 2018
1 do not wish to waive the 15' setback requirement. DCM-MHD CITY
(Property Owner Information)
Print or p, Name
l l a ipo ,hia$ n av'� h
Mailing Add ss
In ctar-p28584
City/State/Zip
Telephone Number/Email Address
4--5 -12
Date
(Riprian Property Owner Information)
Signature
Print or Type Name
Mailing Address
City/State/Zip
`h6 9� 5'99 q D,d��a� ��
Telephone Number / Email Address
Date
(Revised Aug. 2014)
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: fl_
Address of Property: , tml CO.
(Lot or SAet #, Street or lload, City & County)
Agent's Name #: Cliff Harris Mailing Address: PO Box 4562
Agent's phone #: 252-342-9987 Emerald Isle, NC 28594
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are pr sing. A description or drawing with dimensions must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at httn://www.nccoastalmanagement net/web/c►Wstaff-listing or by calling 1-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if
you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED
I do wish to waive the 15' setback requirement.
JUL w 4 2018
I do not wish to waive the 15' setback requirement.
DCM-nnHD CITY
(Property Owner Information)
0 OR
Print or p, Name I
(Ri rian Property Owner Information)
Signature
Print or Type Name
Mailing Addr ss Mailing Address
City/State/Zip City/State/Zip
Q 142'7Se�'li(mb P�to►l b O� 0,� %
Telephone Number /Email Address Telephone Number / Email Address
i t7
Date
Date
(Revised Aug. 2014)
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner: —Tbb
Address of Property:
(Lot or Street #, Street Jr Road, dity & County)
Agent's Name #: Cliff Harris Mailing Address: PO Box 4562
Agent's phone #: 252-342-9987 Emerald Isle, NC 28594
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
�-, the re!pposing. A description or drawing, with dimensions must be provided with this letter.
have no objections to this proposal. i have objections
p � cUons to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at httpJfwww.nccoastalmanagemenLnetlweb/cmistaff listing or by calling 1-888-4RCOAST.
No response is considered the same as no objection if you have been noted by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unles' e4me. (If
you wish to waive the setback, you must initial the appropriate blank below.) ��II
I do wish to waive the 15' setback requirement. JUL
¢ 2018
I do not wish to waive the 15' setback requirement. DCM.IWy
D C/71►
(Property Owner Information)
. igrtature
Pohn ]l Po �n
Print or Type Name aaambl et
(Riparian Property Owner Informatio )
� � TZ IC n L lJ eyt r) i )7
Print or Type Name /
I R Ll�1D}►�n i 6 S �'" J (L l C `, -46', f� d
Marling Ad ress Mailing Address
i n4 l N C A sm 94 � � c
Crry/State2rp N,m b' Ice ram, Q0 Q� I. �M (Wstate2ip
-ig 4ar7 454q y,& 6-����
Telephone Number/Email Address Telephone Number/Email Address
/-5 -18
Date
Date
-5-- (9
(Revised Au . 2014)
Co.
Harber Contracting Inc
Drawing:
P.O. Box 4562
126 Dolphin Bay
Emerald Isle NC
Estates
28594
252-342-9987
RECEIVED
JUL 2 4 2U18
DCM-MHD CITY
I
DURABLE POWER OF ATTORNEY
OF
JOHN RICHARD BALL
ARTICLE I
INTRODUCTION
Introductory Provision. I, JOHN RICHARD BALL, as principal
(the "Principal") have this day appointed LYNNE BALL CHAMBLEE to
Serve as my agent ("Agent") and to exercise the powers and
liscretions set forth below.
Statement of Intent to Create Durable Power of Attorney
Jnder State Statute. This porter of attorney is executed
pursuant to the provisions of Article 2 of Chapter 32A of the
Seneral Statutes of North Carolina. I declare that this power
sf attorney shall not be affected by my subsequent incapacity or
mental incompetence and shall remain in full force and effect
until revoked by me or until my death.
Agent Authorization. All persons named as Agents or
Alternate Agents herein, who have succeeded to the office of
Agent, are granted the powers and liscretions described in the
following provisions.
Delegation of All Powers Lawful to Delegate. I herewith
delegate to my Agent each and every power that I may lawfully
delegate, subject only to chose limitations specifically set
forth in this instrument.
ARTICLE II
ASSET POWERS
Introduction. My Agent is authorized in my Agent's sole
and absolute discretion from time to time and at any time, with
respect to any and all of my property and interests in property,
real, personal, intangible and mixed, as follows:
(1) Power to Sell. My Agent is authorized to sell any and
every kind of property that I may own now or hereafter acquire,
real, personal, intangible and/or mixed, on such terms and
conditions and security as Try Agent shall deem appropriate and
to grant options with respect to sales thereof.
TAN um & HUMPHREY, P.A.
Arromry' Aw Coumiu oRSAT LAW
CEl )AWPofM1 . NORTH CARET( NA
TEu PHONE: (252) 393-2235
B0®K hPAGE.
Page 1 of 12
(2) Power to Buy. My Agent is authorized to buy every kind
of property, real, personal, intangible and/or mixed, on such
terms and conditions as my Agent shall deem appropriate.
(3) Power to Invest. My Agent is authorized to invest and
reinvest all or any part of my property in any property or
interests, including undivided interests, in property, real,
personal, intangible and/or mixed, wherever located.
(4) Power to Manage Real Property. With respect to real
property, including but not limited to any real property I may
hereafter acquire or receive and my personal residence, my Agent
is authorized to lease, sublease, release; to eject and remove
tenants or other persons. My Agent is authorized to mortgage
and/or convey by deed of trust or otherwise encumber any real
property now or hereafter owned by me, whether acquired by me or
for me by my Agent.
(5) Power to Manage Personal Property. With respect to
personal property, my Agent is authorized to buy, collect,
receive, manage, lease, protect, insure, alter, improve,
mortgage, pledge, sell or transfer any such personal property,
whether owned currently or hereinafter acquired by me.
(6) Power to Operate Businesses. My Agent is authorized to
continue the operation of any business, corporation,
partnership, limited liability company, proprietorship, or other
entity owned by me, includina all things relating to the
management, operation, financing, and sale o- any such business.
(7) Power to Exercise Rights in Securities. My Agent is
authorized to exercise all rights with respect to corporate
securities which I now own or may hereafter acquire.
(8) Power to Demand and Receive. My Agent is authorized to
demand, arbitrate, settle, sue for, collect, receive, deposit,
expend for my benefit, reinvest or make such other appropriate
disposition of as my Agent deems appropriate, all cash, rights
to the payment of cash, property, real, personal, intangible
and/or mixed, debts, dues rights, accounts, legacies, bequests,
devises, dividends, annuities, rights and/or benefits to which I
am now or may in the future become entitled.
(9) Power to Exercise Elective Share Rights. My Agent is
authorized to elect to take against any will and conveyances of
my deceased spouse and/or any other person, if appropriate, and
BOOK 1' 6 '� PAGE �
TAMuM 8c HUMPHREY, P.A. "'�— •
Al I[KtNCY5 AND CUIIN5E I OR$AT LAW
crDAH Po:NI . NV12TH CARUI INA
TryEr,+ONE. 1252) 393-2235
Page 2 of 12
y
Ito retain any property which i have the right to elect
,retain, as my Agent deems appropriate.
(10) Power With Respect to Employment Benefits. My Agent
is authorized to create and contribute to an employee benefit
plan for my benefit; to elect my retirement; to select any
payment option; to make voluntary contributions; tc make "roll-
overs" of plan benefits into other retirement plans; to apply
for and receive payments and benefits; tc '.waive rights given to
non -employee spouses under state or federal law; to borrow money
and purchase assets from such plans; to make and change
beneficiary designations; and to consent and/or waive consent in
connection with the designation of beneficiaries.
(11) Power With Respect to Bank Accounts. My Agent is
authorized to establish accounts of all kinds, including
checking and savings, far me with financial institutions of any
kind, including but not Limited To banks and thrift
institutions; to make deposits to and write checks on or make
withdrawals from and gram security interests in all accounts in
Tr,y name or with respect to which I am authorised signatory; to
negotiate, endorse or transfer any checks or other instruments
with respect to any such accounts; and to contract for any
services rendered by any bank or financial institution.
(12) Power With Respect to Safe -Deposit Boxes. My Agent is
authorized to contract with any institution for the maintenance
of a safe-deposit box; to have access to all safe-deposit boxes
in my name or with respect to which I am a signatory; to add to
and remove from the contents of any such safe deposit box; and
to terminate box leases.
(13) Power With Respect to Legal and other Actions. My
Agent is authorized to inst-Lute, supervise, prosecute, defend,
intervene in, abandon, compromise, arbitrate, settle, dismiss,
and appeal from any and all legal, equitable, judicial or
administrative hearings, actions, suits, proceedings,
attachments, arrests or distresses, involving me in any way.
(14) Power to Manage Membership
Agent is authorized to open, manage,
close on my behalf membership plans and
(15) Power to Borrow Money.
borrow money from any lender fcr my
conditions and security as my Agent
Plans and Accounts.
use, transfer, gift,
accounts.
My Agent is authorized
account on such terms
shall deem appropriate;
TAN -CUM & HUMPHREY, P.A.
ATIC7RNEYSANOCOIiNt,I l OK', AT LA`N
CEUAn Paws. Notts h CAROL INA
TELEMIOW :(252)39a ?235
BOOK ' '
Pace 3 of 12
r
to borrow money on any life insurance policies owned by me on my
life.
(16) Power to Create, Fund, Amend, and Terminate Trusts.
My Agent is authorized to execute, amend, fund, withdraw, and
terminate a revocable trust agreement with such trustee or
trustees as my Agent shall select, which trust shall provide
that all. income and principal shall be paid to me, to some
person for my benefit or applied for my benefit in such amounts
as I or my Agent shall request or as ;.he trustee or trustees
shall determine, and that on my death any remaining income and
principal shall be paid to my personal representative.
(17) Power to Fund Trusts Created by the Principal. My
Agent is authorized to transfer from time zo time and at any
time to the trustee or trustees of any revocable trust agreement
created by me before or after the execution of this instrument
any and all of my cash, real or personal property of all kinds,
or interests in property.
(18) Power to Withdraw Funds From Trusts. My Agent is
authorized to request, withdraw, and/or receive the income or
corpus of any trust over which I may have a right of withdrawal
and to exercise or let lapse any power of wiiLhdrawal.
(19) Power to Renounce and Resign From Fiduciary Positions.
My Agent is authorized to renounce any Fiduciary position to
which I have been or may be appointed or elected, and any office
or position to which I have been or may be elected or appointed;
to resign any such positions; to file an accounting with a court
of competent jurisdiction or settle on an informal method as my
Agent shall deem appropriate.
(20) Power to Disclaim, Renounce, Release, or Abandon
Property Interests. My Agent is authorized to renounce,,
disclaim, release, or abandon any property or interest inl
property or powers to which for any reason and by any means I
may become entitled, whether by gift, testate or intestate
succession, including the r:.ght to alter, amend, revoke, or
terminate, and to exercise any right to claim an elective share
in any estate or under any will.
(21) Power With Respect to Insurance. My Agent is
authorized to purchase, maintain, surrender, collect, or cancel
life insurance or annuities, hospital insurance, medical
insurance, Medicare supplement insurance, custodial care
insurance, and disability income insurance for me or any of my
TANTUM & HUMPHREY. P.A. j) ■G
ATjOj?NEYSANDCO01,6t-LONr AI i-AM�yoo f �• / ^�7i:/�' r
CLUAR Po�N i . NORTN CAROL INA '�j�(/V !l -!}/
l"F.0 t�'f l(1NE (252) 393-2235 �~
Page 4 of LZ
U
i
(dependents, and liability insurance on assets of mine against
loss or damage.
(22) Power With Respect to Taxes. My Agent is authorized
to represent me in all tax matters; to prepare, sign, and file
federal, state, and/or local income, gift and other tax returns
of all kinds, and any power of attorney form appointing an agent
required by the Internal Revenue Service and/or any state and/or
local taxing authority.
(23) Power to Oversee Qualified State Tuition Plans. My
Agent is authorized to create, fund, modify, and terminate one
or more qualified state tu_tion plans created under section 529
of the Internal Revenue Code.
(24) Power to Make Gifts. My Agent is authorized to make
gifts or other transfers without consideration either outright
or in trust (including the forgiveness of indebtedness and the
completion of any charitable pledges I may have made) to such
person or organization as my Agent shall select; to consent to
the splitting of gifts under Section 253.3 of the Internal
Revenue Code; to pay any gift tax chat may arise by reason of
such gift. PROVIDED, however, that if this Power of Attorney
shall permit an Agent to make gifts to a group of individuals,
which includes the Agent, the amount of such gift to the Agent
(shall be limited to the greater of Five Thousand Dollars
I($5,OO(,,,.00) or Five Percent (5°6) of the aggregate value of the
Principal's assets effected by this Power of Attorney as of the
'date of the gift.
Power to Provide Support to Others. My Agent is
(25) support an person whom
authorized to support and/or continue to supp y p
I have undertaken to support or to whom I may owe an obligation
d it accordan�c with the
of support, in the same manner anpast; provided,
standard of living as I may have provided in the
time that my Agent shall act under this
however, that if at any s ouse, any
clause I am legally separated or dm vo gedt fshall be limited to
support provided to such spouse by Y
such
Isupport as may be required by law.
!, Loans. my Agent is authorized to lend,
(26) power to Makeat such interest rate, if
,renew or extend money and property
h
terms and conditions, and with such security,
lany, and on suc
if any, as my Agent may deem appropriate.
j BOOK LL' PAGE 3
TAW -UM & HUMPHREY. P.A.
A FTOHN("S Nj) GOUN_,tLCI I A-' LAN!
G-uAnPoiw-NORTH cARO1INA ?age 5 of 12
T, IF,•HONE7 42521393-2235
ARTICLE III
INCIDENTAL POWERS
In connection with she exercise of the powers herein
described, my Agent is fully authorized and empowered to perform
any acts and things and to execute and deliver any documents,
instruments, affidavits, certificates and papers necessary or
appropriate to such exercise or exercises.
(1; Resort to Courts. My Agent is authorized to seek on my
behalf and at my expense a declaratory judgment, mandatory
injunction, or suit for damages from any court of competent
jurisdiction-
(2) Hire and Fire any Personnel. My Agent is Authorized to
employ, compensate, and discharge such domestic, health care,
and professional personnel including lawyers, accountants,
doctors, nurses, brokers, financial consultants, advisors,
consultants, companions, servants, and employees as my Agent
deems appropriate.
(3) Sign Documents and Incur Costs in Implementing the
Agent's Instructions. My Agent is authorized to sign, execute,
endorse, seal, acknowledge, deliver, and file or record
instruments and documents appropriate to effectuate the powers
;delegated herein; to incur 'costs on my behalf and to promptly
pay such costs, and to expend my funds and =o liquidate my
(property or to borrow money to produce such funds needed.
(4) Power to Do Miscellaneous Acts. My Agent is authorized
to open, read, respond to, and redirect my mail; to represent me
before the U.S. Postal Service; to establish, cancel, continue,
or initiate my membership in organizations and associations; to
take and give or deny custody of all of my important documents;
to execute documents on my behalf; and to house or provide for
housing, support, and maintenance of any animals that I may own
or to transfer such animals to some person or persons willing to
care for them.
ARTICLE IV
THIRD PARTY RELIANCE
Third Party Reliance. For the purpose of inducing all
persons and ent_ties, including but not limited to any
physician, hospital, nursing home, health care provider, bank,
broker., custodian, insurer, lender, transfer agent, taxing
authority, governmental agency, or other party to act in
accordance with the instructions of my Agent as authorized in
TANTUM
HUMPHREY. P.A.
AIIQRNfYSAN;CpUNaIOR:ATLAN
Ct DAR POC �oaK
VCi_LPAGE
Trt evHuNZ. 2.52 C�t 393-223b
Page 6 of 12
jthis instrument, I hereby represent, warrant, and agree that: i)
�if this instrument is revoked or amended for any reason, I and
my estate will hold any person or entity harmless from any loss
suffered, or liability incurred by such person ir_ acting in
accordance with the instructions of my Agent acting under this
instrument prior to the receipt by such person of actual written
notice of any such revocation or amendment; i=_) the powers
conferred on my Agent may be exercised by my Agent alone and my
Agent's signature or act under the authority granted in this,
instrument may be accepted by persons as fully authorized by me;�
iii) no person who relies in good f aith on the authority of my
Agent under this instrument shall ,incur any liability to me; iv)
no person who relies on any affidavit or certificate under
penalties of perjury tha= this instrument specifically
authorizes my Agent to eNecute and deliver to such person shall
incur any liability to me;' v) ail persons from whom my Agent may
request information regarding me are released from any legal
liability whatsoever to me, my estate, or my personal
representative for complying with my Agent's requests; and vi) I
hereby authorize all physicians and psychiatrists who have
treated me, and all other providers of health care, including
hospitals, to release to my Agent al-1-:information, or photocopies
of any records which my Agent may request and I hereby waive all
privileges which may be applicable to' such information and
records.
ARTICLE V
RESTRICTION ON POWERS
Restriction on Powers. Notwithstanding any provision
ierE:>n to the contrary, my Agent shall: i) have no power or
suthLDrity whatsoever with respect to any interest in or
incidents of ownership in any policy of insurance I may own on
--he life of my Agent; ii ) have no power or authority whatsoever
Jith' respect to (a) any irrevocable trust created by my Agent as
-o &4hich I am a trustee or a beneficiary, or (b) any asset given
=o me by my Agent; iii) be prohibited from (a) appointing,
assigning, or designatinq any of my assets, interests, or rights
jiz'ectly or indirectly to my Agent, my Agent's estate, my
P,ge.nt's creditors, or the creditors of my Agent's estate, (b)
exercising any powers of appointment I may hold in favor of my
Agent, my Agent's estate, my Agent's creditors, or the creditors.
of`my Agent's estate, (c) disclaiming assets to which I would
otherwise be entitled if the effect .of such disclaimer is to
pass assets directly or indirectly to my Agent or his or here
estate, or (d) using my assets to discharge any of my Agent's
TANTuM & HUMPHREY, P.A. BOOK(z � 3 PAGE
ATTORNEYS AND COUNSELORS AT LAw ff77v ``
CEDAR f 0 N f . NORTH CAROL WA
TELEPHONE (252) 393-2235
Page 7 of 12
legal obligations, including any obligation of support which my
Agent may owe to others, excluding those whom I am legally
obligated to support; iv) be prohibited from exercising any
discretionary fiduciary powers that I now hold or may hereafter
acquire; and v) avoid disrupting the disposir_ive provisions of
any estate plan of mine known: .e my Agent.
ARTICLE VI
DURABILITY PROVISION
Immediate Power. This rower of attorney shall not be
affected by my subsequent disability or incapacity, or lapse of
time.
ARTICLE VII
ADMINISTRATIVE PROVISIONS
Introduction. The following provisions shall_ apply:
(1) Nomination of Agent as Conservator and Guardian for
Principal. To the extent that T am permitted by law to do so, i
herewi -h nominate and appoint my Agent to serve as my guardian,
conservator and/or in anv similar representative capacity, if
such an appointment is necessary.
(2) Waiver of Acts of Omission and Commission. My Agent
(and my Agent's estate and Executor or Administrator), acting in
good faith, are hereby released and forever discharged from any
and all civil liability and from all claims or demands of all
kinds whatsoever by me or my estate and Executor or
Administrator arising out of the acts or omissions of my AyeuL,
except for willful misconduct or gross negligence.
(3) Waiver of Duty to Produce Income, Authority for
Transactions between Agent as Agent and Agent as Individual and
Eligibility of Agent to Serve in Other Fiduciary Capacities for
Principal. My Agent shall have no responsibility to make my
property productive of income, to increase the value of my
estate or to diversify my investments. My Agent shall have no
liability for entering into transactions authorized by this
instrument with my Agent in my Agent's individual capacity as
long as my Agent believes in good faith that such transactions
are in my best interests or the best interests of my estate and
those persons interested in my estate. My Agent shall be
eligible to serve in all other fiduciary capacities, for me or
TAWTuM & HUMPHREY. P.A.
Arrow* rw* YS AND COUNFXLORS AT L,\w �
ill UAR POINT, NORTH CAKOLINA
Tr.Lr I'H(NJE. t2529393 2235
Page 8 of 12
my benefit (but not in my place where I may serve as a fiduciary
for others), including but not limited to serving as Trustee,
Guardian, Conservator, Committee, Executcrs or Administrators.
(4) No Duty to Monitor Health. My Agent shall have no
responsibility to monitor on any regular basis the state of my
physical health or mental capacity to determine -if any actions
need be taken under this instrument.
(5) Severability. If any part of any provision of this
instrument shall be invalid or unenforceable under applicable
law, such part shall be ineffective to the extent of such
invalidity only, without in any way affecting the remaining
parts of such provision or the remaining provisions of this
instrument.
(6) This Instrument Unaffected by Lapse of Time. This power
of attorney shall be legal._y -unaffected by reason of lapse of
time or staleness.
(7) Agent Authorized to Sign Power of Attorney Forms. In
carrying out the authorizations set forth in this instrument, if
in the sole opinion of my Agent it is necessary or convenient
for my Agent to sign my name, as principal, on forms of powers
of attorney (the "Forms") required by governmental agencies,',
corporations or other entities in transactions with me, my Agent
is authorized to execute such Forms, and to appoint an agent or
other person on the Forms to represent me.
(8) Agent Authorized to Employ Principal's Attorney. The
Principal requests and authorizes the Agent to employ the
attorney who prepared this power of attorney or other attorneys'
employed by the Principal in connection with the Principal's
estate plan and business matters and hereby (a) waives any and
all conflicts of interest that might arise through such
employment, (b) authorizes a'1 such attorneys to make full
disclosure of the Principal's estate plan and business to the
Agent and (c) authorizes suc_r,. attorneys to accept such
employment.
(9) Revocation and Amendment. This instrument may be
amended or revoked by me at any time by the execution by me of a
written instrument of revocation_ or amendment delivered to my
Agent and to all Alternate Agents.
(10) Agent's Resignation and Selection of Substitute. If
my Agent desires to resign as my Agent, and there is no
A"ANTUM A DUMPH cxc. ATPL. BOOKPAGE
Ct_7UPom+T. NUHIHCAHOI min
TCL Epito E Q52P393.2235
Paae 9 of 12
successor Agent named in this instrument who is willing and able'
to serve as my Agent, and I am incapacitated at the time of such
resignation, then on such resigna'ion my Agent is authorized and
empowered to appoint a substitute Agent to act and serve as myi
Agent, such appointment to be made in a written instrument. that
shall be (i) signed by my Agent, "Li) delivered to my substitute
Agent, and (iii) attached to this instrument.
(11) Agent's Death, Incapacity, or Resignation and
;election of Substitute. At any time after my incapacity, my
sgent at any time may appoint a future successor Agent to act
ind serve as my Agent in the event that my Agent shall die or
)ecome mentally incapacitated or shall resign prior to my death,
ind my Agent at any time during my Agent's service as Agent may
iiso revoke any such appointment theretofore made by my Agent,
)rovided, however, teat my Agent may not revoke, modify or
Supersede any appointment of a successor Agent made by me in
:his power of attorney. Any appointment made by my Agent shall
)e made in a written instrument that shall (i) specify the event
)r events on which such substitution shall become effective,
(ii) be signed by my Agent, (iii) be delivered to my substitute
agent, and (iv) be at_ached to this instrument.
(12) Counterpart Originals. I_f this instrument has been
.xecuted in multiple counterpart originals, each such
counterpart original shall have equal force and effect.
(13) Photocopies. My Agent is authorized to make
Dhotocopies of this instrumen_ as frequently and in such
quantity as my Agent shall deem appropriate. Each photocopy
shall have the same force and effect as any original.
(14) Binding Effect. This instrument and actions taken by
my Agent properly authorized hereunder shall be binding on me,
my esl_ate and my Executor or Administrator.
BOOK h03 PAGE Aj
TANTum & HUMPHREY, P.A.
A I UHt+ A I :.AV/
?n r;.+anal 25.2) 393 223E
?a:,e 10 of 12
s
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,300K I PAGE.
TAYR!M & HUMPHREV, P.A.
ATI{MNEYN AND CIR:N,LLOP-% A7 Low
CEDAR PO KT, NORM CAROWIA
TEIE%ION[: (252) 393-2235
Page 12on2
3�`
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4 1
BOOK AG a,,.
TAYTUM & Humpit v, P.A.
AI'IANNF.YS AND CMNSELORS AT Lxw
C a,I)AN PoIN 1. NON I CAROLINA
TCLEN ZONE: (252) 393-223i
Page 12 ot'I 2
successor Agent Named in this instrument who is willing and able
to serve as my Agent, and I am incapacitated at the time of such
resignation, then on such resignation my Agent is authorized and
empowered to appoint a substitute Agent to act and serve as my
Agent, such appointment to be made in a written instrument that
shall be (i) signed by my Agent, (ii) delivered to my substitute
Agent, and (iii) attached to -his instrument.
11) Agent's Death, Incapacity, or Resignation and
Selection of Substitute. A-.. any time after my incapacity, my
Agent at any time may appoir.t a future successor Agent to act
and serve as my Agent in Lhe event that my Agent shall die or
become mentally incapacitated or shall resign prior to my death,
and my Agent at any time during my Agent's service as Agent may
also revoke any such appointment theretofore made by my Agent,
provided, however, that my Agent may not revoke, modify or
supersede any appointment of a successor Agent made by me in
this power of attorney. Any appointment made by my Agent shall
be made in a written instrument that shall (i) specify the event
or events on which such substitution shall become effective,
(ii) be signed by my Agent, (iii) be delivered to my substitute
Agent, and (iv) be attached to this instrument_
(12) Counterpart Originals. If this instrument has been
executed in multiple counterpart originals, each such
counterpart original shall have equal force and effect.
(13) Photocopies. My Agent is authorized to make
photocopies n` ihI instrument as frequently and in such
quantity as my Agent shall. deem appropr_ate. Each photocopy
shall have the same force and effect as any original.
(14) Binding Effect. This instrument and actions taken by
my Agent properly authorized hereunder shall be binding on me,
my estate and my Executor or Administrator.
BOOK I Iv S PAGE
TANTUM & HUMPHREY, F.A.
At 1 OHNIY- i AN! ) (-OI INnFn I Or AT LAW
CEDAR f CNN 1. NORTI f C AROLINA
TELEPHONLI 1252) 393-2235
Page 1U GF 12
IN WITNESS IEVOF, I have execu •ed this Durable Power
of Attorney this the �_=_(�V day of 201-1.
r,
CHARD BALL, P7INCIPA
STATE OF NORTH CAROLINA
COUNTY OF [%,' (JV _ —.
a Notary Public for
County, North Carolina, hereby certify that
JOHN RICHARD BALL appeared before me and swore to me in my
presence that this instrument is a durable power of attorney,
and that he willingly and vo"untarily made and executed it as
his free act and deed for the purposes expressed in it.
day of 20111,
s!� .!�
This the ��`(;!�-�� .
SIM
6otAA4
iz 1 AliguNG
'��rrrrr a 11►`,
TANTUM & HUMPHREY, P.A.
Al inkNrvs AND COurur 1 CQ5 AT :-AW
Cr nAR POINT. Nuo t F/ CA FNOt INA
Tt t 11.1 tUrtr: (252) 393-2235
BOOK �)PAGE
_age 11 of 12
NORTH CAROLINA, CARTERET COUNTY
This instrument and this certificate are duly filed at
the date and time and in the Book and Page shown
on the first page hereof.
oe, Register 1
_._AseL D", Registerof Deeds
FOR REGISTRATION REGISTER OF DEEDS
Joy La»r"..
Carteret C.!X 1 Nc
March 23. 2012 01:40,54 PM
CUTER P f R 13 P
FEE. $26 00
F?LE 1 1403385
DURABLE POWER OF ATTORNEY
OF
JOHN RICHARD BALL
-1 C)04 Ft ei N; t1 Rd
'mac\ e: (�o I 1\1L
John E. Tantum
Tantum & Humphrey, P.A.
604-C Cedar Point Boulevard
Cedar Point, North Carolina 28584
(252) 393-2235