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HomeMy WebLinkAbout66131D - Maidai-CAMA / ❑ DREDGE & FILL a `b �a3,1� NM 66131 SENERAL PERMIT Previous permit# A B 7New ❑Modification ❑Complete Reissue El Partial Reissue Date previous permit issued -ized by the State of North Carolina, Department of Environment and Natural Resources :oastal Res urces Commission in an area of environmental concern pursuant to 15A NCAC • 1i ' i 1 Rules attached. t Name v- � &,I ' iQt q A. Ll Project Location: County ►k�V 1 j.. 4- W (tT &tna Street Address/ State Road/ Lot #(s) h U State(. A ZIP 5 1 fi') (,_}li �" 1 �. .�E`l G i i� t✓ '�- E_Mail AY o• Ata&�h5•5 V•Subdivisipn 1� �i { ed Agent '; Ci N I w(d oc, � City #{ f ✓11, I�l Vt {ti. ZIP ❑�Cw EW �A XES ❑PTS Pilo a )lf� �I��F' River Basin Luwt4 ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adi Wtr Body yes7n�o' PNA yes l�no Closest Maj. Wtr. Body Project/ Activity C >��- i.' _ b GI �U �'G1 f (:( U :k) length tD, t Xform(s) 1 X Platform(s) er(s) X igth nber I/ Riprap length distance offshore K distance offshore annel iic yards ip ;e/ Boatlift IZx 13' Length not sure ,ttached: (Scale: ig permit may be required by: 1,,4 V Yk'�kN � lam- V-% V Y! 6 _ocal Planning Jurisdictio"kA l i 6, N ; ) _I V VV \ ,. f I . 1/ - 1 — 1 J.C1 10/20/2015 • �•• o/ Dr. Jeff Morrison same First Citizens Bank 10494' rCnnlrltp�mu� $400.00 GP 66164D 10/20/2015 Antinori Construction Inc _ Roger Lewis _ _ B of A 3890 $400.00 GP 647671) + GP 68 10/20/2015 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3844 ^ $400.00 major fee, 7404 E. B 10120/2015 Custom Island Homes by Ken Kiser LLC_- Ken Kiser CresCom Bank 3845 $400.00 major fee, 7406 E. B 10/20/2015 _ Custom Island Homes by Ken Kiser LLC Ken Kiser — _ _ CresCom Bank 3846 $400.00 major fee, 7408 E. B 10/20/2015 Custom Island Homes by Ken Kiser LLC 10/21/2015 Money Order for Brandon Grimes 10/21/2015 Money Order for Brandon Grimes Ken Kiser CresCom Bank 3847 $400.00 59183420318 $400.00 59183420329 $200.00 major fee, 7410 E. B GP 66167D @$600 GP 66167D (8$600 Scott Pindell _ _ Wells Fargo Bank Scott Pindell Wells Fargo Bank 10/21/2015 Clements Marine Construction Inc Vern Hawkins First Citizens Bank 3933 $250.00 major fee, 202 Kings 10/21/2015 Ocean's Edge Ventures LLC Margaret Ann Maida, LT BB &T 6777 $600.00 GP 66131D Z v O L N U Q; � U L NC Division of Coastal Mgt. Habitat Impact Computer Sheet Applicant: v i I'l VG ��,� r� l�'��i cl.t, LT Permit #: Date: Describe below the HABITAT disturbances for the application. All values should match the name, and units of measuremen found in your Habitat code sheet TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet . FINAL Feet (Appbed..for. (Anticipated. final (Applied for.. (Anticipatedfinc Habitat Name DISTURB TYPE Disturbance. total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/ restoration or and/or temp restoration or temp impact temp im acts impact amount tam im acts) amount) SI 1 `� Dredge ❑ Fill Both ❑ Other ❑ Dredge ❑ Fill. Both ❑ Other ❑ S I"S Dredge ❑ rill ❑ Both ❑ O.ther, C' V" Dredge.. [I Fill ❑ Both ❑ Other;d 3� I /�, Dredge ❑ Fill ❑ Both n Other 1 t AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Applying for Permit: / 44rc,,4, e7- 14nr, /1 9164 Mailing address: /o?yS ae4,e_rr- I�vC Sign✓ `lust eA gs-i;t S Phone Number: I certify that I have authorized V LCJrl � , Agent / Contractor to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of A b ctil e-tid Azc e Y I- t D()J vck � V1 c, lriC 1 at my property located at H3 Ste" in 1317-4-n�,a'C- �_ County. This certification is valid through /y L,3 / �,S Date (Property Owner Information) Signature Print or Type Name D wru.� %Title CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: %474 AIDA LT i Address of Property: P13 17& 2)1zl k,e- `1�VeH �1-1 (Lot or Street #, Street or Road, City & County) Agent's Name #: _ �� I �. Mailing Address: -3oy,3 i- 0kjr , jL,.cN ,Pd Agent's phone #: 9/0 / -"" 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. 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. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. 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, breakwater. boathouse, lift, or groin 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. 0) I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Print or Type Name Mailing Address (Adjacent Property 0 nor Information) j Signature % `r / -bp,VVb W` ISDYI Print or Type Name (-"3ac, MtfJ10vT41n /Z,) Mailing Address CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM /�I Name of Property Owner: / CgAaC7 Address of Property: _1y.3 Sup.- i ��i�� b�<<-e 1101kil-Al /16,j�4e14 (Lot or Street #, Street or Road, City & County) Agent's Name #: 1140-6 !-4 Agent's phone #: q'JD-!Play -DI�LP Mailing Address: aoco /,/, ���% &^,Cx V Steno l� /c gevz, z I hereby certify that I own property adjacent to the above referenced property. The individual applying far this permit has described to me as shown on the attached drawing the development they are proposing. 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. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. 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, breakwater, boathouse, lift, or groin 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.) ce. 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Print or Type Name Jco3 G'-'44H f2d Mailing Address (Adjacent Prope Owner Informatio ) /,_, i t e Print of Tye Name /5561 fodsur►, Tk,A- lZff Mailing Address DocuSlgn Envelope ID: C60EB678-OD46.4924-827E-869CAEAE3604 OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form) NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been pl; properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale inv the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Constru (Form 800-T) or, if' the construction is completed, use the Oflcr to Purchase and Contract (Form 2-T) with the New Constru Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any adder or modification made in accordance with its terms (together the "Contract"). 1, TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to term. (a) "Seller": Christopher Harrison, Brandy Harrison (b) "Buyer": The Margaret Ann Maida , Living Trust (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto includim improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller sh consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A I with this offer. Street Address: 143 South Shore Drive City: Holden Beach Zi 28462 County: Brunswick North Carolina p (NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail deliver), may differ from address shown.) Legal Description: (CompleteALL applicable) Plat Reference: LoUUnit 7 Block/Section B—K Subdivision/Condominium RH Holden , as shown on Plat Book/Slide 4 at Page(s) 2 The PIN/PID or other identification number of the Property is: 232NC017 Other description: L-7 B-K PLAT 4/2 Some or all of the Property may be described in Deed Book 3547 at Page 552 (d) "Purchase Price" $ 325, 000.00 paid in U.S. Dollars upon the following terms: 5 _ N/A BY DUE DILIGENCE FEE made payable and delivered to Scllcr by the Effective Dati 3,000.00 BY INITIAL EARNEST (MONEY DEPOSIT made payable and delivered to Esc Agent named in Paragraph I(f) by ❑ cash 11D personal check ❑ official bank ch ❑ wire transfer, FITHER ❑ with this ofter OR ® wifhin five (5) days of the Effec Date of this Contract. S N/A BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and deliverer Escrow Agent named in Paragraph I(f) by cash or immediately available funds sucl official bank check or wire transfer no later than N/A , TIA BEING OF THE Eb.SENCF, with regard to said date. $ N/A BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on existing loan(s) secured by a deed of trust on the Property in accordance with the attar Loan Assumption Addendum (Standard Form 2A6-T). S N/A BY SELLER FINANCING in accordance with the attached Seller Financing Addenc (Standard Form 2A5-T). DocuSign Envelope ID: C60EB678-OD46-4924-827E-869CAEAE3604 (k) "Seldeitent": The proper execution and deliver), to the closing attorney of all documents necessary to complete the transm contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, the closing attorney's receipt of' all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on September 25, 2015 (the "Set(lement Date"), unicss 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, w includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Prop following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance the settlement statement and the provisions of Chapter 45A of (lie North Carolina General Statutes. if the title update should re unexpected liens, encunnbranccs or other title defects, or if the closing attorney is not authorized to disburse al) necessary funds, i the Closing shall be 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 clo: constitutes the practice of law and must be perl'ornned only by an attorney licensed to practice law in North Carolina. State prohibits unlicensed individuals or firms fi-om rendering legal services or advice. Although non -attorney settlement agents r perform limited services in connection with a closing, they may not perform all the acts and services required to complete a clos A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of tine North Caro Bar Association and the North Carolina Association of REALTORSV that all buyers should hire an attorney licensed in N, Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurr governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), eithe which may be 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 approved p to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is fi payable at time of Settlement. 2. 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 approva 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 alit sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient inforniation to decide whethe proceed with or terminate the transaction since (lie Loan is not a condition of the Contract.) (b) Property investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expel shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property Buyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether ther, any environmental contamination, law, rule or regulation that may prohibit, restrict or lit -nit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability s expense to connect to a public or community sewer system, and/or (4) whether an improvement Permit or writ evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Nate-: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or whether a Construction Permit may be obtained from the Count' Health Department for a nrivale drinkino water well DocuSign Envelope ID C60EB678.OD46A924-827E-869CAEAE3604 ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of N/A for a term of N/A year(s; an initial interest rate not to exceed N/A % per annum ((he "Loan"), (NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents I Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to obi documentation from Buycr which demonstrates that Buyer will be able to close on the Property without the necessity of obtainin new loan.) (b) Other Property: Bayer ❑ does ® does not have to sell or lease other real property in order to qualify for a new loan of complete purchase. (NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addend (Standard form 2A2-T) with this offer.) (c) Performance of Buyer's Financial Obligations: To the best of- Buyer's knowledge, there are no other circumstances conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordai with this Contract, except as may be specifically set forth herein. (d) Authorization to Disclose Information: Buyer authorizes the Buyer's Iender(s), the parties' real estate agcnt(s) and clos attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose buyer's closing disclosure, settlement statement and/or disbursement summary, or au)' information therein, to the parties to t transaction, their real estate agent(s) and Buyer's lender(s). 4. BUYER OBLIGATIONS: (a) Owners' Association Pees/Charges: Buyer shall be responsible for the payment of any fees charged by an owners' associate for information relating to Buyer's Due Diligence other than those fees to be paid by Sciler under Paragraph 80). (b) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buy appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure i balance of the Purchase Price unpaid at Settlement. 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: ❑ 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 "None" the identification ofsuch assessments, Warty): NONE KNOWN Seller warrants that there are no Confirmed Special Assessments except as follows (insert "None" or the identitiealion of su assessments, ifany): None known, if any found prior to or at closing, will be paid by Sellers (c) Owners' Association(s) and Dues: 'fo best of Seller's knowledge, ownership of the Property ❑ subjects 0 does not subje Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenan conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regul assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure ai Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2A 12-T) shall be completed I Seller, at Sellers expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: ( 0 Applicable ® Not Applicable) Seller warrants that the sewage system described in t Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no feather representatio as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable 0 Not Applicable) Seller warrants that a private drinking water wi has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed aft July 1, 2008, attach improvement Permit hereto.) 7)ocuSign Envelope 10. C60EB678-OD46-4924.827E-869CAEAE3604 (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ —0— toward any of Buy expenses associated with the purchase of the Property, less any portion disapproved by Buyer's lender. NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount poh loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dues, etc Q) Owners' Assoclation Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account paynn information on owners' association dues or assessments for payment or proration; (ii) any transfer or similar fee imposed by owners' association; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclos, Statement. (k) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that amount thereof can be reasonably determined or estimated. (1) Late Listing Penalties: All property lax late listing penalties-, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T): if applicab Seller shall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to Buyer on before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under tl Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure breach, then the Earnest Money Deposit and the Due Diligence Fcc shall be refunded to Buyer and Seller shall reimburse to Bud the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or t reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding sh be entitled to recover from the non -prevailing party reasonable attomey fees and court costs incurred in connection with t proceeding. 7. PRORATiONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date Settlement 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 proper shall be prorated on a calendar year basis; (b) Rents: Rents, ifany, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contra shall be contingent upon the Property being in substantially the same or better condition at Closing as on the dale of this offer, reasonah wear and tear excepted. 9. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. if the improvements c the Properly are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. in the event Buyer do NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance procco payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existh insurance on the Property until after confirming recordation of the deed. 10. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modificatit thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in goc faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to ti Non -Delaying Party and closing attorney and shall be entiticd to a delay in Settlement. If the parties fail to complete Settlement ar Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) r to otherwise extend the Settlement Date by written agreement, then the Delaying i'arly shall be in breach and the Non -Delaying Part may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. DocuSign Envelope ID: C60ES678-OD46-4924-827E-869CAEAE3604 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Christopher Harrison, Brandy Harrison ("Self Buyer:The Margaret Ann Maids , Living Trust ("Buyi Properly Address: 143 South Shore Drive, Holden Beach, 28462 ("Proper( ❑ LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the paymeni Seller of a Due Diligence Fee in the amount of S , receipt of which Listing Agent hereby acknowledges. Date Firm: Coldwell Banker Sea Coast Advantage By: (Signature) Barbara 8 Andrews (Print name) ......................................................................................... ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment Seller of a Due Diligence Fee in the amount of S , receipt of which Seiler hereby acknowledges. Date: Seller: (Signature) Christopher Harrison Date: Seller: (Signature) Brandy Harrison ......................................................................................... ® ESCROIY AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment Escrow Agent of an Initial Earnest Money Deposit in the amount of $ 3, 000.00 . Escrow Agent as identified in Paragra I(() of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold a disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Coldwell Banker Sea Coast Advantage By: (Signature) (Print name) ......................................................................................... ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment Escrow Agent of an (Additional) Earnest Money Deposit in the amount of S . Escrow Agent as identified Paragraph 1(t) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agre to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Coldwell Banker Sea Coast Advantage )ocuSign Envelope ID: C60EB678-0D46-4924-827E-869CAEAE3604 NOTICE INFORMATION NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES F( THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE Ni APPROVED. BUYER NOTICE ADDRESS: Mailing Address: 1295 BLF,WF.TT AVENUE, San Jose, CA 95125 Buyer I-ax# Buyer E-mail: margo.maidaQhhs.sccgov.org SELLING AGENT NOTICE ADDRESS: Firm Name:Coldwell Banker Sea Coast Advantage Acting asO Buyer's Agent❑ Seller's (sub)Agcnt ®Dual Agent Mailing Address: 3247 Holden Beach Rd, Holden Beach, NC 28462 Individual Selling Agent: Barbara S Andrews ❑ Acting as a Designated Dual Agent (check only if applicable) License #: 47962 Selling Agent Phone#: (910) 842-1555 Selling Agent Fax#: (866) 271-7310 Selling Agent E-mail: holdenbaachbarbQr,�xil.r.= SELLER NOTICE ADDRESS: Mailing Address: 1 S, !L 71E'/ ,Ck e, Seller Fax#: Seller E-mail:c5APe© c6epjcl �S, e-4, LISTING AGENT NOTICE ADDRESS: Firm Name:Coldwell Banker Sea Coast Advantac Acting as ❑ Seller's Agent ❑ Dual Agcn( Mailing Address: 3247 Holden Beach Road, Holden Beach, NC 28462 Individual Listing Agent: Barbara S Andrews ❑ Acting as a Designated Dual Agent (check only if applicabl License #: 47962 Listing Agent Phone#: (910) 540-9879 Listing Agent Fax#: (866) 271-7310 Listing Agent E-mail: holdanbeachbarbIgmail.cm [THIS SPACE INTENTIONALLY LEFT BLANK] )ocuSign Envelope ID: C60EB678-OD46-4924-827E-869CAEAE3604 20. COMPUTATION OF DAYS/TI\lE OF DA)': Unless otherwise provided, for purposes of this Contract, the term "days" sl mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purpc of calculating days, the count of "days" shall begin on the day Hollowing the day upon which any act or notice as provided in 1 Contract was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. THE NORTH CAROLINA ASSOCIATION OF REALTORS9, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MA NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANN' PROVISION OF THIS FORM IN AI SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FUEL THAT 1T DOES NOT PROVIDE FOR YO! LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNF,Y BEFORE YOU SIGN IT. '['his offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deli any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that r such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: Buyer Date: The Margaret Ann Maida Buyer Living Trust Entity Buyer: The Margaret Ann Maida Livina Trust (Name of LLC/Corporation/Partnershipfl'rust/cte.) By: �D:nFD"1L, A!wr rd Auti usx�x_cx.:� Name: Margaret Ann Maida Title: Trustee Date: 7/31/2015 Date: _ a////j Seller Chris opQhr Harrison Date: Sell, Brandy HAIrrison Entity Sellcr: (Name of LLC/Corporation/Partnership/frust/etc.) By: — Name: Title: Date: [THIS SPACE 1NTEXI-IONALLY LEFT BLANK] DocuSign Envelope ID: C60EB678-OD46-4924.827E-869CAEAE3604 11. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing as defined in Paragraph 1(ni). alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 12. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF TI CONTRACT, IF ANY, AND A'I'1'ACH HF,RETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, 1F ANY, AT ATTACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE, BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS CONTINGENCIES TO THIS CONTRACT,) ❑ Additional Provisions Addendum (Form 2A I 1-T) ❑ Owners' Association Disclosure And Addendum For Properties ❑ Additional Signatures Addendum (Form 3-T) Exempt from Residential Property Disclosure Statement (Form ❑ Back -Lip Contract Addendum (Form 2A 1-T) 2A 12-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Short Sale Addendum (Form 2A 14-T) ® OTIIER:Purchase contingent upon being approved for a CAMA permit for dock/pier, and Sellers agree to cooperate with any paperwork necessary. 13. ASSIGNMENTS: This Contract may not be assigned without the wjiticn consent of all parties except in connection with a to deferred exchange, but if assigned by agreement, then this Contract Shall be binding on the assignee and assignee's heirs and successors. 14. TAX -DEFERRED EXCHANGE: hu the event Buyer or Seller desires to effect a tax -deferred exchange in connection \with t conveyance of the Property. Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchangi party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party sh not assume any additional liability with respect to such lax -deferred exchange. Buyer and Seller shall execute such additional documen including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effe to this provision. 15. PARTIES: This Contract shall be binding upon and Shall inure to the benefit of Buyer and Seller and their respective heir successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neut genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed afl the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representation inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing ai signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR& or broker and Seller or Buyer contained in any listing agreement, buyer agency agreement, or any other agency agreement between them, 18. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated I this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing addres e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a par herein, any 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. Sell and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an off or the creation of a counteroffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and tl same instrument. 7ocuSign Envelope ID: C60EB678-OD46-4924-827E-869CAEAE3604 SELLER OBLIGATIONS: (a) Evidence of Title and Payoff Statemeut(s): Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possil after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: 6 insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating the Property. Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from a Icnder(s) regarding any security interest in the Property as soon as reasonably possible alter the Effective Date, and Seller designai the closing attorney as Sellers agent with express authority to request and obtain on Seller's behalf payoff statements and, short -pay statements from any such lender(s). (b) Authorization to Disclose information: Seller authorizes: (1) any attorney presently or previously representing Seller release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) f' to Buyer and both Buyer's and Seller's agents and attorneys, and (3) the closing attorney to release and disclose any setter's closi disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their re estate agent(s) and Buyer's lender(s). (c) Access to ProperlyAValk-Through inspection: Seller shall provide reasonable access to the Properly (including workir existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer opportunity to conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsible f timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine f suitability of the Property for a sewage system and/or private drinking water well. (d) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal proper which is not a part of the purchase and all garbage and debris from the Property. (e) Affidavit and indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement( in form satisfactory to Buyer and Buyer's title insurer, if an),, executed by Seller and any person or entity who has performed furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who nr 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 has ben paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or clai arising therefrom. (1) Designation of Lien Agent, Payment and Satisfaction of Liens: It' required by N.C.G.S. §44A-11.1, Seller shall ham designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Ager All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buycr, must be paid ar satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall rema': obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED fbr the Property in recordab form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' lien and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey c the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility casements and unviolatc covenants, conditions or restrictions that do not materially affect the value of the Properly; and such other liens, encumbrances r defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right c way. (NOTE: Buyer's failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encumbranc or defect that is or would have been revealed by It title examination of the Property or a current and accurate survey shall not reliev 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 Addends (Standard Form 2A 14-T) as an addendum to this Contract.) (h) Deed, Taxes, and Fees: Seller shall pay for preparation oh a deed and all other documents necessary to perform Seller obligations under this Contract, and for state and count- excise taxes, and any deferred, discounted or rollback taxes, and loci DocuSign Envelope ID: C60EB678-OD46.4924-827E-869CAEAE3604 subject to regulation by an owners' association, it is recommended that Buyer review (he completed Owners' Assoc And Addendum (Standard Form 2A 124) provided by Seller prior to signing this offer. It is also recommended tN Buyer determine it' the owners' association charges fees for confirming owners' association inibrination and restr covenant compliance. (v) Appraisals: An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of eases setbacks, property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: Investigation of current or proposed Toning or other governmental regul that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Properly, and/or any requirement to purchase 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 Properly and amenities. (x) Streets/Roads: Investigation of the status of the snect/road upon which the Property fronts as well as any street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whethe. streets)/road(s) designated as public arc accepted for maintenance by the State of NC or any municipality, or (3) if pr or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, term; funding of any maintenance agreements. NOTE: NC General Salutes Section 136-102.6(o (the "Statute") requires that under circumstances described it Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to subdivided property described in the Statute. if Buyer or Seller are uncertain whether the sale of file Properly describ 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 Prof resulting from any activities of Buyer and Buyer's agents and contractors, but Buycr shall not be responsible for any damage ca by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations 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 Grist of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termini hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by deliverir Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon wr extension of the Due Diligence Period), TIME BEIAW OF THE ESSENCE. If Buyer timely delivers the Termination Notice. 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 Buyer's Due Diligence, Buyer should terminate this Cont prior to the eipirnfion of the Dice Diligence Period, unless Buyer can obtain a written extension from Seller. SF,LLF,R iS P OBLiGATED TO GRANT AN EXTENSION. Althought Buyer may continue to investigate the Property following the expiratio the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligr Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fail materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under terms of this Contract or North Carolina law. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDiTi UNLESS PROVISION iS OTHERWISE MADE iN WRiTING. 3. BUYER REPRESENTATIONS: DocuSign Envelope ID: C60ES678-OD46-4924-827E-869CAEAE3604 Should Buyer fail to deliver either the Due Diligence Fee or tiny initial Earnest Money Deposit by their due dates, or should check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer s have one (1) banking day alter written notice to deliver cash or immediately available funds to the payee. in the event Buyer c no( timely deliver cash or immediately available funds, Seller shall have the right to terminate this Contract upon written notic Buyer. (e) "Earnest Money Deposit": The Initial Earnest \Qoney Deposit, the Additional Earnest Money Deposit and any other can monies paid in connection with this transaction, hereinafter collectively refereed to as "Earnest Money Deposit", shall be depos and held in escrow by Escrow Agent until Closing, at which tittle it will be credited to Buyer, or until (his Contract is othere terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earl Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach, ill event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Sell sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to Property or Seller's right to retain the Due Diligence Fee. it is acknowledged by the parties that payment of the Earnest Mo Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount bein reasonable estimation of the actual loss that Seller would incur as a result of- such breach. The payment of the Earnest Mo Deposit to Seller shall not constitute a penally or forfeiture but actual compensation for Seller's anticipated loss, both par acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover fi the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. Coldwell Banker Sea Coast (1) "Escrow Agent" (insert name): Advantage NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Brokei an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Atton may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. j93A-12. THE PARTIES AGRF,E THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE T EARNEST MONEY DEPOSIT iN AN INTEREST BEARING TRUS"I ACCOUNT AND THAT ANY INTEREST EARN ITIFREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION 01, '['HE EXPENS INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Fffective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. "file parl acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their hav reviewed (lie terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness this Agreement. (h) "Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the transact contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whet 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 conduct E Diligence during the Due Diligence Period. it shall be the property of Seller upon the Effective Date and shall be a credit to Buyer Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if t Contract is terminated under Paragraph 6(m) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Se) each expressly waive any right that tile), may have to deny the right to conduct Due Diligence or to assert any defense as to enforceability of this Contract based on (lie absence or alleged insufficiency of any Due Diligence Fee, it being the intent of parties to create u legally binding contract for the purchase and sale of the Property without regard to the existence or amount of t Due Diligence Fee.