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HomeMy WebLinkAbout68036D - RHE■1l■■i■■rm■■e oim■■ii■■m■nro III ME�Ivor9mEmbm IIIIIIII III■■ i■■ r�■��■� 1111111111191 gift T moue NC Division of Coastal Mgt. Habitat Impact Computer Sheet Applicant: ��q; LLL Permit #: 68036 D Date: 02%131I q Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Exdudes any restoration and/or temp . impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) Dredge ❑ Fill ElBoth [IOther J ZO sq s4 Z Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑. Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge [] Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge [I Fill El Both El Other [IDredge ❑ Fill ❑ Both ❑ Other ❑ /1 0r6WM ?•-0J oe�' ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to C >'�r� f f: U � � `1 ��{ — 's /J �/ (Name of Property Owner) property located at ( �F � e� /"' " ,,, / WC Z 2r qo: (Address, Lot, Block, Road, etc.) { on , in N.C. (Waterbody) (City/Town and/or Count ) The p licant has described to me, as shown below, the development proposed at the above to I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by 17wish to waive the setback, you must initial the appropriate blank below.) 17r I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pr ormation) (AdjaceW Propert Owner Information) Inature Signature* Print or Typ5�am4 /f Print or Type Name Strickland's existi g slips and lifts4 �j fly — — 74 — — — — — — — — — — — — — — — — — — — — Riparian Line >16' >18' sed ; 18'x24' platform I Proposed 150' x 6' access pier lift 18'x18' roof (Proposed) 14' Ri rian Line, ALL setbacks waived by Robert Hesch for RHE�LjLCCOOnly (waive not transferable) lift i lift Hesch platform @ NLW y 4-11-14 418 Loder (subject property) Shoreline 84.06 per survey (x8 = 672.48 allowable built upon) Floating dock 40' x 6' = 240 sq ft RHE LLC By Contract USPS.com® - USPS Tracking& :nglish Customer Service USPS Mobile Register I Sign In cusps come PS Tracking® -king Number: 70150640000135624143 )duct & Tracking Information IProduct: Features: Jess Mail'a' Certified Mail' Return Receipt See tracking for related item: 9590940218626104473983 ATE 8 TIME STATUS OF ITEM LOCATION ebruary 2, 2017 , 10:52 Delivered WILMINGTON, NC 28412 m our item was delivered at 10 52 am on February 2, 2017 in WILMINGTON, NC 28412 ebruary 1, 2017 . 3:22 pm Notice Left (No Authorized Recipient Available) WILMINGTON, NC 28409 ebruary 1, 2017 , 8:19 am Out for Delivery WILMINGTON, NC 28409 ebruary 1, 2017 , 8:09 am Sorting Complete WILMINGTON, NC 28409 ebruary 1, 2017 , 4:07 am Arrived at Unit WILMINGTON. NC 28412 anuary 31, 2017 , 10:27 pm Departed USPS Facility FAYETTEVILLE, NC 28302 anuary 31, 2017 , 10:49 am Arrived at USPS Facility FAYETTEVILLE, NC 28302 anuary 31, 2017 , 7:13 am Departed USPS Facility CHARLOTTE, NC 28228 anuary 31, 2017 , 1:05 am Arrived at USPS Facility CHARLOTTE, NC 28228 anuary 30. 2017 , 1:22 pm Departed Post Office BNA BEACH, NC 28428 EACH, anuary 30, 2017 . 10:01 am Acceptance BEACH,NA BEACH, NC 28428 Still Have Questions? Browse our FAQs � Get Easy Tracking Updates > Sign up for My USPS. Available Actions Text Updates Email Updates nO NG M�pG FE8 0 USPS.com® - USPS Tracking® UL LINKS ON ABOUT.USPS.COM :t Us About USPS Home dex Newsroom USPS Service Updates Forms & Publications Government Services Careers ght © 2017 USPS. All Rights Reserved. OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General Postal Explorer National Postal Museum Resources for Developers LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data 0, f� 11'e'+-rk 418 Loder GP Permit Application Overview Applicant RHE LLC, legal interest by contract to purchase Authorized Agent Jeff Terry, Diligent Realty LLC, 7236 River Rd, Wilmington, NC, 28412 jeff@diligentrealty.com / 910-231-7814 SOUTH: Adjacent Riparian Property Owner Ron Strickland 420 Loder Ave, Wilmington, NC, 28409 Certified Mail — Return Receipt Requested Mailed Date: 1-30-17 NORTH: Adjacent Riparian Property Owner Robert Hesch 414 Loder Ave, Wilmington, NC, 28409 910-409-9888 15" Setback WAIVED Field Representative, Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910 796 7270 office Documentation • Purchase Contract • Riparian Survey • CAMA Agent Authorization • Proposed Project Drawing AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: ME I l -L C- Mailing Address: (9 L a V\' n\- a A\(c� C�rceny i 11 C, S G Zq 1 Phone Number: i 0 - �J 1 `J - 3 LA CD Email Address: '(' h C, a' c)h a.r fi e ra n I certify that I have authorized S Y Y C \. , Agent / C ntractor to act on my behalf, for the purpose of applying for and obtaining all CAMA per/emits necessary for the following proposed development: pi�,�I boat 60cK at my property located at o V\� \(V O YY� i n Z 0 n Au IJ in oclw �Ono\/C;( County. l furthermore certify that l 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 Infor 'on: Signature 1 YY) Ob 11(1 S Print or Type Name P�K E , 1,1�C� aaenfi Title i Strickland's existiy(g slips and lifts Riparian Line j > 16' >18' 71 sed lift 14' , Ria lift / 18'x24' platform Proposed 150' x 6' access pier RHE LLC 18'x18' roof (Proposed) By Contract — — — — — — — — — — — — — — — — — — — M an Line, ALL setbacks waived by Robert Hesch for RHE LLC Only (waiver not transferable) 1 lift Hesch platform @'dF.'ldol✓ !y 4-11-14 i\ 418 Loder (subject property) Shoreline 84.06 per survey (x8 = 672.48 allowable built upon) Floating dock 40' x 6' = 240 sq ft IL �QC4E � i RIPARIAN SURVEY FOR CAROL STRICKLAND LOT 3 MYRAMAR CAMP SITES (TRACT ONE OF DEED BOOK 1717 PAGE 978) MASONBORO TONNSI-IIP NEN 1-IANOVER COUNTY, N.C. —A-- — — — — — — — — GREEN DA BY EACON 143 GREEN 13997 .00 7566.12 141 ATLANTIC INTRACOASTAL WATERWAY N 2342374.0 E 3 E 2343222.00 I, VERNON DEREK DANFORD• CERTIFY THAT THIS PROPERTY WAS SURVEYED AND YAP DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE FACE OF THIS PUT; PATIO OF PRECISION AS CALCULATED BY COMPUTER IS 1:10,000+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM INFORMATION REFERENCED; THAT THIS PUT WAS PREPARED IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLJW. WITNESS MY ORIGINAL SIGNATURE, LKENSURE NUMBER AND SEAL THIS IITH Y OF L AD. 2014. VERNON DEREK DANFORD `7111111111))AAII N.C. PLS No. L-4528 �. ,`NCM0, f. . (7 •'• ESSI -(<9 SEAL 7� L 4528 = PRO L (1 2' SETBACK POINT 80I SETBACK LINE � N 148197.06 FLOATING DOCK— E 2345794.57 Yll INSERT "AIL SCALE I INCH = 20 FEET PROPOSED LIFT (12' x 14') I 15.5' I I > I JET-5 15.8' I LIFT (PROP I I I 16.0' pI mI x LIFT SURVEY REFERENCE DEED BOOK 5370 PAGE 646 MAP BOOK 3 PAGE 10 Norea I. WATER DEPTHS (SfMIDWGS) ARE LMS® UPON FIELD CR13lMATKEtS w LCAV TDE Q1 9EPTEtBER IS, MI9 BY DANFQtD t A8 w:lATE9 LUID SURVEYING, PL. ]. LOW WATER LINE ASSI414ED DEIR! OP -0' TOR TNIS SURVEY. S. RIPARIAN LINE IS M UPON THE PRDPONDERANCE w EVIDENCE• INCWDING SLAT NOT LIMITED TD 0"4NE, MARKERS, AERIAL PHOTOS FPLF+ NEW HANDIER C01MTl' GFOGRAPNK INPDWIATI L SYSTEM (GIS) AND ASWA1. PtYITp3 , GOD -LE EHrTu .IO.6 MaOQTAINED PRD'1 u `N ARNETTE AT THE US -CORPS w Of ADDR03 LODER AVENUE 4. 1IS 4N AVENUE PARCEL. s - ROT9L!-OD3-009-000 S. NORMIAL WlT WATER LINE AND C.O.D. FLAGGED 5Y NEW HANDIER COI.MY JULY 3,L, LINDA PAINRR ON .lulr e, zw5. {. TINe LDf EI BUBUEGT TO ALL UTIUx, FJ.9HTNi5 RCSTRICTIQl9 oR, ealeu.Nre w krraeD. 7. THOtE 15 MDi' LINJ A FeST ALI" NWIAL 9" WATCIE U L _FLOATING DOCK SETBACK POINT N 136343.67 E 2341762.35 �Py9�9 Ca C, ING DOCK I IL NIGH I 2 LINE ' S' C.O.D. SETBACK m y1<mia �Ih 1<vL�I I LINE TABLE LING LQ1G7N BEARING ■ j®v we?�l fo,) ©4 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Address of Property: LV C,(,A SE/., / 'r Zo��� l.7 �, (Lot or Street #, Street or Road, City & County) Agent's Name e t i Agent's phone #: Mailing Address: C.7Ce 7Z 34 t2ii, d 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 proposing. Action ordreg, v direrions.. t� te#er. 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 http://www.nccoastalmanaaement.netlweb/cm/staff-listin_g orby 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.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) zeucb Signature Pr�Type Name 72 36 17-,0 Mailing Address (Riparian Property Owner Information) Signature �zot4 54-� J Print or Type Name q ZO L. orX ct i� Mailing Address CAROLINA BEACH 1323 BRIDGE BARRIER RD CAROLINA BEACH NC 28428-3931 3612080428 17 (800)275-8777 10:02 AM ----------- Sale Final ion Qty Price ass 1 $0.49 lest ic) .MINGTON, NC 28409) ght:0 Lb 0.90 Oz) )ected Delivery Day) inesday 02/01/2017) ed 1 $3.35 IUSPS Certified Mail #) )150640000135624143) 1 $2.75 PUSPS Return Receipt #) 590940218626104473983) $6.59 ird Remit'd $6.59 d Name:Debit Card) ;ount #:XXXXXXXXXXXX7587) )roval #: ) insaction #:112) -eipt #:006568) )it Card Purchase:$6.59) sh Back:$0.00) kxxYt 7C Ytx YCxxxxxkxxxxxxxxxxxxxxxxx V SOMEONE'S MAILBOX. Greeting vailable for purchase at select fices. kxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ur tracking number to 28777 to get the latest status. d Message and Data rates may You may also visit USPS.com acking or call 1-800-222-1811. tamps at usps.com/shop or call tamp24. Go to m/clicknship to print shipping with postage. For other tion call 1-800-ASK-USPS. N r� u 1� a b w w w w w x NOW z u, $ $01 C c � �r z¢¢��= m>rr @ • 3 m U �n Rcr¢�¢a Tc❑❑❑❑❑ W a° EfiTh 295E TOOO afi90 STOL 1E s xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx i Strickland's exist�w(g slips and lifts — — — — — — — — — — — — — — — — — — — — — — Riparian Line— > 16' >18' sed 18'x24' platform Proposed 150' x 6' access pier lift 18x18' roof (Proposed) 14' ; Ri rian Line, ALL setbacks waived by Robert Hesch for RHE LLC Only (waiver not transferable) Hesch platform @ NLW y 4-11-14 418 Loder (subject property) Shoreline 84.06 per survey (x8 = 672.48 allowable built upon) Floating dock 40' x 6' = 240 sq ft RHE LLC By Contract 04 It r P UL !ri Envelcpe ID: 201275FC-ABEI-4005-882B-30084CBAD50B OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form] rE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not iediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been pl )erly approved and recorded with the register of deeds as of the date of the contract. If Seiler is Buyer's builder and the sale in) -onstruction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Constrt m 800-1) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-7) with the New Constn endtun (Form 2A3-T). valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller :prance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any adde iodification made in accordance with its terms (together the "Contract"). TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent tt 1. (a) "Seller": Carol Bryant Strickland (b) "Buyer": RHE LLC (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto includi! improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller s consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A with this offer. Street Address: 418 Loder Avenue City: Wilmington Zip: 28409 County: Now Hanover .,North Carolina (NOTE: Governmental authority over taxes, zoning, school districts, utilities and snail delivery may differ from address shown Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 3 Block/Section , Subdivision/Condominium Myramar , as shown on Plat Book/Slide at Page(s) The PIN/PiD or other identification number of the Property is: R07908-002-009-000 Other description: LT 3 Wramar Camp Sites Some or all of the Property may be described in Deed Book 5370 at Page 646 (d) "Purchase Price": $ paid in U.S. Dollars upon the following terms: $ BY DUE DILIGENCE FEE made payable and delivered to Seiler by the Effective E $ 10,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to E Agent named in Paragraph 1(f) by ❑ cash ❑ personal check ® official bank ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR five (5) days of the Effective Date of this Contract. $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and deliva Escrow Agent named in Paragraph l (f) by cash or immediately available fund: as official bank check, wire transfer or electronic transfer no later , TIME BEING OF THE ESSENCE with to said date. $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller, existing loan(s) secured by a deed of trust on the Property in accordance with the at Loan Assumption Addendum (Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addy (Standard Form 2A5-T). t2 A T A #T —f rl,.a D„ U.,— 13 :;-- ;— .•no1, .,, Cortr m-..r /c..m- n: Ali .,C „rl,;.•1, m.,,, i, h Envelope ID: 201275FC ABE4-4D05.882&30084CBAD50B Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or shoub check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer have one (1) banking day after written notice to deliver cash or immediately available funds to the payee. In the event Buyer not timely deliver cash or immediately available funds, Seller shall have the tight to terminate this Contract upon written not Buyer. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other e. monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be depr and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is othc terminated. In the event: (1) this offer is not accepted, or (2) a condition of any resulting contract is not satisfied, then the I:, Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit sh refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such brea the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages a Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for dam; the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest It Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount be reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest b Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both F acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Bu; Seiler against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): Intracoastal Realty Corp Trust NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in ew licensed real estate broker ('Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to reta Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release fre parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Brc an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or At may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE. PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EA] THEREON SHALL. BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPE INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final countero any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectivet this Agreement. (h) "Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the trap: contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide w Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to condu Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to B Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or Contract is terminated under Paragraph 6(m) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer any each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent patties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount nw— n;1iQP.nrP. FpP. n Envetope ID: 201275FC-ABEI-4D05 U2&300B4CBAD5W (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transe contemplated by this Contract, including the deed, settlement statement, deed of trmt and other loan or conveyance document: the closing attonrey's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on February 28, 20I7 (the "Settlement Date"), wiles% otherwise agreed in writing, at a time and place designated by Buyer. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, i includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Pr( following the Settlement; (3) the closing auomey's receipt of authorization to disburse all necessary funds; and (4) recordation appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible fi closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordant( the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should i unexpected liens, encumbrances or other tide defects, or if the closing attorney is not authorized to disburse all necessary funds the Closing shall he suspended and the Settlement deemed delayed under Paragraph 10 (Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a cl constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. Stat prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agent: perform limited services in connection with a closing, they may not perform all the acts and services required to complete a cI A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Ca Bar Association and the North Carolina Association of REALTORS@ that all buyers should hire an attorney licensed in Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and ree governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), eit which may he a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approve,( to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it i; payable at time of Settlement. BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and appr( the Loan if any. (NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whe proceed with or terminate the transaction since the Loan is not a condition of the Contract.) (b) Property Investigation: During the Due Diligence Period, Buyer or Buyers agents or representatives, at Buyers ea shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Prop Buyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyers intended use and whether t any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage syste the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availabili expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, costs and expenses to install a private drinking water well approved by an existing Construction Permit, 1 availability, costs and expenses to connect to a public or community water system, or a shared private well, anc , ., — - - —.... L- .&- 1�-- U—itU r1—r —o r r n nr;varP Ari"Irina uvArFr Wi 0 Envebpe ID: 201273FC-ABE1-4DOS-8828-30084CBADSOB subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners Asso And Addendum (Standard Form 2Al2-T) provided by Seller prior to signing this offer. It is also recommended ti Buyer determine if the owners' association or its management company charges fees for providing information re by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals: An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyers intended use and the location of ease setbacks, property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental reg that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road constructie school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchast insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric communication services, stormwater management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as an3 street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) when street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, ten funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute") requires that under circumstances described Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property descr this Contract is subject to the Statute, consult a NC real estate attorney. (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the P resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinatit inspections of the Property. This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall ai of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's ages contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any term hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by detivi Seiler written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon extension of the Due Diligence Period), TIMF, BEING OF THE ESSENCE. If Buyer timely delivers the Termination Nod Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. WARNING: If Buyer is not satisfied with the results or progress of Buyers Due Diligence, Buyer should terminate this C prior io the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER i OBLIGATED TO GRANT AN EXTENSION. Althought Buyer may continue to investigate the Property following the expir, the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Di Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buye Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seiler materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted ur terms of this Contract or North Carolina law. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTItiG COND UNLESS PROVISION IS OTHERWISE MADE IN WRITING. RiMER RFP1QFCFNTAT7nNC- gn Envelope ID: 201275EC-ASE14D05-882B W84CBAD508 ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of yea an initial interest rate not to exceed % per annum (the "Loan"). (NOTE: Buyers obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represen Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to documentation from Buyer which demonstrates that Buyer will he able to close on the Property without the necessity of obtai new loan.) (b) Other Property: Buyer ❑ does ® does not have to sell or lease other real property in order to qualify for a new loaf complete purchase. (NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addi (Standard Form 2A2-T) with this offer.) (c) Performance of Buyer's Financial Obligations: To the best of Buyers knowledge, there are no other circumstan conditions existing as of the date of this offer that would prohibit Buyer from performing Buyers financial obligations in aeco. with this Contract, except as may be specifically set forth herein. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect Buyer shall be responsible for a] with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management company as agen owners' association for providing information required by Buyer's lender, (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and cnjoymeni Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use common elements and/or services provided to Buyer, such as "move -in fees"; (iii) determining restrictive covenant compliance; (iv) appraisal. (v) title search, (vi) title insurance, (vii) recording the deed, and (viii) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settle (c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties` real estate agent(s) and attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and discli buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties transaction, their real estate agent(s) and Buyer's lender(s). SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: (Rj has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "N the identification of such assessments, if any): none Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification assessments, if any): none (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects M does not Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory co` conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclos Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2 T) shall be comp! o_n— .—A --t 1,— otter h—1 9e gn %titipnuMm to this Cnntract. fn Envelope ID: 201275FC-ABE1-4D05-882B-3WWBADWS (e) Private Drinking Water Well Permit: (❑ Applicable M Not Applicable) Seller warrants that a private drinking Ovate has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installer July 1, 2008, attach Improvement Permit hereto.) SELLER OBLIGATIONS: (a) Evidence of Title and Payoff Statement(s): Seller agrees to use best efforts to deliver to Buyer as soon as reasonably pe after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited tc insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relai the Property. Seller shall provide to the closing attorney all information needed to obtain a written payoff statement fror lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller desi; the closing attorney as Setter's agent with express authority to request and obtain on Sellers behalf payoff statements 1 short -pay statements from any such lender(s). (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Se release and disclose any title insurance policy in such attorney's file to Buyer and both Buyers and Seller's agents and attorney the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or tide insurer's agent to Buyer and both Buyer's and Seller's agents and attorneys, and (3) the closing attorney to release and disclose any seller's c disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, the estate agent(s) and Buyers lender(s). (c) Access to Property/Walk-Through Inspection: Seller shall provide reasonable access to the Property (including w( existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Bu, opportunity to conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsi'. timely clearing that portion of the Property required by the County to perform tests. inspections and/or evaluations to determ' suitability of the Property for a sewage system and/or private drinking water well. (d) Removal of Seller's Property: Seiler shall remove from the Property, by the date possession is delivered, (i) all pe property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreer in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seiler and any person or entity who has perfon furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and wt be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity ha paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause of arising therefrom. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shai designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be p: satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seiler shall obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Pmperty in rec< form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate su the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unv covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbra defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public r way. (NOTE: Buyer's failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encun or defect that is or would have been revealed by a title examination of the Property or a current and accurate survey shalt not Seller of any obligation under this subparagraph) (NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Adc n Envelope ID: 2oi275FC-ABE1a4D05-W2B-30084CBAD5W conveyance fees required by law. The deed is to be made to: RHE LLC or legal entity as directed by buyer (i) Agreement to Pay Buyer Expenses: Seiler shall pay at Settlement $ toward any of Bi expenses associated with the purchase of the Property, less any portion disapproved by Buyer's lender. NOTE: Examples of Buyers expenses associated with the purchase of the Property include, but are not limited to, discount p loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dues, 0) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account pal information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' assoc and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Co other than those fees required to be paid by Buyer under paragraph 4(b) above; and (iii) fees incurred by Seller in completir Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a proposed sale Property. (k) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided d amount thereof can be reasonably determined or estimated. (1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T): If appb Setter shall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to Buyer before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations undi Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such fai. breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other reined legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proccedin be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection w proceeding. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall he prorated through the 4 llement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real p shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this C 11 be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, rea ar and tear excepted. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shah be upon Seller. If the improverr Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice deli Her or Setter's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Bu} T elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance p able on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel urance on the Property until after confirming recordation of the deed. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent mod, reto. if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting th and with reasonable diligence to proceed to Settlement ("Delaying Party'), and if the other party is ready, willing and plete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possib .�I - „_ —. _,_ : ....,,...,e., —A shalt hP Pmitted to a delav in Settlement. If the parties fail to complete Settlen ;n Envelope 10: 2012751=C-ABE1-4D"28-30084CBAD508 POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, uding security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph i(m). No alter, avations, tree or vegetation removal or other such activities may be done before possession is delivered. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, TACH HERETO. ITEMrZF. ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. Additional Provisions Addendum (Form 2A11-T) Additional Signatures Addendum (Form 3-T) Back -Up Contract Addendum (Form 2A1-T) Contingent Sale Addendum (Forth 2A2-T) Loan Assumption Addendum (Form 2A6-T) Identify other attorney or party drafted addenda:none ❑ Owners' Association Disclosure And Addendum For Trope Exempt from Residential Property Disclosure Statement (Fora 2A l 2-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) TE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TC NTRACT. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with -rred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and succor TAX DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection w veyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exch ty shall be responsible for all additional costs, associated with such exchange, and provided further, that a non -exchanging part assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional docu luding assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give his provision. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective cessors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and iders, as appropriate. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performe Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, i formed. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no represent :ucements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in wrid ned by all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seller or Bt stained in any listing agreement, buyer agency agreement, or any other agency agreement between them. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemph s Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any nc umunication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing a ail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to ein, and any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such party's agent Buyer agree that the "Notice information" and "Acknowledgment of Receipt of Monies" sections below shall not cons serial part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of r e creation of a counteroffer. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one instrument. b Envelope 10: 201275FC-ABE1-4DO5-882B-30OB4CBADSOB COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days' an consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the pu calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided itract was required to he performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in State of North Carolina. E NORTH CAROLINA ASSOCIATION OF REALTORM INC. AND THE NORTH CAROLINA BAR ASSOCIATION 1 REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN CIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR GAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. is offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely � F fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided tt h failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. te: Date: yer � Z,LC Se11e -S ryant Strickland te: yer tity Buyer: RHE LLC (Name of C/CorporationlPartnership/TrustJctc.) Me: Tim Robinson authorized agent 1/3/2017 Date: Seller Entity Seller: (Name of LLC/Corporation/PartnemhipiTrust/etc.) By: Nam: Title: Date: [THIS SPACE INTENTIONALLY LEFT BLANK]