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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 This page has been left blank. ,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�` This page has been left blank. 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