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63199D - McKinnon
CAMA / ❑ DREDGE & FILL iENERAL PERMIT Previous permit # New ❑Modification El Complete Reissue ❑Partial Reissue Date previous permit issued zed by the State of North Carolina, Department of Environment and Natural Resources `� �� c)astal Resources Commission in an area of environmental concern pursuant to 15A NCAC ules attached. Name s C c7- W.- `'. t IU W O W l lL-AA� I State Zip 2 Bd Agent ❑ CW ❑ EW OPTA ❑ ES OPTS OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑ FC: Project Location: County Street/Address/ State Road/ Lot #(s) I 2s, k I Vk-- -rY� I" L- Subdivision City r.� ZIP Phone # ( ) River Basin r f4'Re Adj. Wtr. Body nat yes PNA yes /i!�o) Crlt.Hab. yes / no Closest Maj. Wtr. Body Project/ Activity1f? t V m-c Of)( (<. -k) length i(s) ier(s) ngth tuber d/ Riprap length_ distance offshore_ uc distance offshore cannel --- bic yards np ise/ Boatlift Bulldozing we Length _ _� 0 0 not sure yes �io.' s: not sure yes �no rium: n/a yes yes ng Attached: yes A I ing permit may be required by: 12c�-1;17 (Scale: i I f .< ❑ See note on back regarding River Basin W. SCOTT McKINNON 7438 PATRICIA A. McKINNON - DL 1767886 3617514 t 66-19/53 N 138 QUAIL RIDGE RD. 910-395-0185 Date , 1856 WILMINGTON, NC 28409 j MOD to Bankof America. ACH R%T 053000196 ' Division of Coastal Mgt. Habitat Impact Computer Sheet )licant: SCo-h Vti'1� ILINN��N Permit #: Olgel >cribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement nd in your Habitat code sheet. )itat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tempimpacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts FINAL Feet (Anticipated fina disturbance. Excludes any restoration and/c temp impact amount) Dredge ❑ Fill ❑ Both ❑ / Other R 1 !✓l. 1 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 ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Ncvvi�rH IiLdd -r -IX5 Q= ►:;v624CK) 53�!xi3dQae� 'haft , W i lOq �7 �3�QN ,�12Y3dvdcl 1 cd gNL►S1x3 ,O)P- IOd -?,� Q90M`S (jaS30�p ) Ql S9N n, a s „%X„9 M Vw - 51tog N9 55N 1 ") lvd -9a is +Ul M, t - H(m b -1, oZ x M, E LY—q'aL "I M3 Wild MW30 YVAV 111VI01*14MVt9 /�i3dC�dd qsW C& 3Nn NMS pow s .9 A n I& Qom? 4a:61. „8 PSIN Z •..}.� 081 s �o ©� ��T 3 a�M • It McKinnon Scott McKinnon Thursday, March 13, 2014 12:45 PM Heather Coats (heather.coats@ncdenr.gov) Heather Lane (heathermcklane@gmail.com) ,Ct: Proposed dock and ramp at 625 River Trail, Burgaw, NC hments: River Trail CAMA Revised dock -ramp plans 3-13-20014.pdf ier, )ears we have jumped all the hurdles required in order to construct a floating dock and ramp at subject ?ss. The state is not requiring a no -rise certification and I have approvals from Pender County Building and Perr , pending obtaining a CAMA permit. Since your job site visit I have had to scale down the original plans you verl )ved in order to satisfy the state and Pender County requirements. There no longer will be any platform and st ring pilings in the waterway. We will only have two 6"x6" pilings adjacent to the existing bulkhead plus the twc d pilings securing the floating dock as before. :hed is plan showing the simplified dock and ramp design along with neighboring lots to replace the original ver e you at the job site. e extended my Due Diligence deadline several times on my sales contract due to various delays associated with permitting process. Tomorrow, Friday, March14, 2014 is my final deadline. If you can verbally assure me that simpler design will be approved by tomorrow, I will be all set to move forward. u need to speak to me personally, I will be available to come by your office today or tomorrow. ik you for your assistance. regards, >tt mr le_ wvww ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to�J1C.r �� G r c\ 4,a-c ( \ 4' (Name of Property Owner) property located at� � S < ►� � ,ram (Address, Lot Block, Road, etc.) on `�� _ C �:� i, in ) , N.C. (Wa erbody) (Cityffown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. 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, 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 initiat-the appropriate blank below.) I do wish to waive the -15' setback requirement. I do not wish to waive the 15' setback requirement. (Property nn) (A 'cent Property Owner E ormation) Signature ' 1 Si lure Print or Tvne Name _ Print or Type Name Mailing Addres Mailing_Address ct4lstate/Zip ci4 /scat Telephone Number Telephone Number MCDENR North Carolina Department of Environment and Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Natural Resources Dee Freeman Secretarj AGENT AUTHORIZATION FORM Date: ame of Property Owner -Applying for Pe.�rff*. (dame of Audevrized Agent-forthis project: M� k � ntlo wner's Mailing Address.- ���_X �. lone Number(g so) y"Z — Agent's Mau7mg Address: 1 - t Q 8s� , c — tV C Phone Number A i a - L 141 certify that 1. have. authorized the. agent listed above. toad onmy behalf, for the purpose of applying. and obtaining all CAMA Permits necessary to install or construct the following (activity): my property located at Property Owner Signature Date ADJACENT RIPARIAN PROPERTY OWNER_ STATEMENT I hereby certify that I own property adjacent to cc . t 1 r- ) . I i Lst, � (Name of Property Owner) property located at „ �, (Address, Lo lock, Road, etc.) one r�r t r� I ; �x , in�.r �1\1L N.C. (lh/aterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. 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, 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. _ Gp M I do not wish to waive the 15' setback requirement. (P o arty IM ne Inf r ana (Adjacent Property Owner Information) Signature / Print or Type Name _ Mailing Addres� City/State2ip L X' � •ihwv�� Signatif're _ �— . 111 Print o y Name 1 ! r Man a ng Address ex —.11 K� L rZ. y Z � City/State,'ip iSign Envelope ID: 5FAF15D7-1FB0-470A-BD77-051BD31F16B6 OFFER TO PURCHASE AND CONTRACT [Consult "Guidelines" (Standard Form 2G) for guidance in completing this form] - valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon eptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum modification made in accordance with its terms (together the "Contract"). TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them asset forth adjacent to each n. (a) "Seller": Leonard Mitchell, Donna Mitchell __- (b) "Buyer": W. Scott McKinnon, Patricia A. McKinnon (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements bated thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seiler should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2AI I-T) with this offer. Street Address: 625 River Trail _ City: Burgaw Zip: 28425 County: Pender . North Carolina NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 2 Block/Section Subdivision/Condominium N/A as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification cumber of the Property is: 3341-40-8962-0000 1 3341-40-9940-0000 lot Other description: Lot 2 PL 23 PG 108 / Lt 1 Div Some or all of the Property may be described in Deed Book _ (d) "Purchase Price":,,,,.�.r� at Page 17 paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph 1(f) ❑ with this offer OR ® delivered within five (5) days of the Effective Date of this Contract by ❑ cash ® personal check ❑ official bank check ❑ wire transfer. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph 1(f) by cash or immediately available funds such as official bank check or wire transfer to be delivered to Escrow Agent no later than , TIME BEING OF THE ESSENCE with regard to said date. $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-1). $ BY BUILDING DEPOSIT in accordance with the at New Construction Addendum (Standard Form 2A3-T). $ �„����, BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan) Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should an} check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash or immediately available funds to the payee. In the event Buyer does not timely deliver cash or immediately available funds, Seller shall have the right to terminate this Contract upon written notice tc Buyer. Sign Envelope ID 5FAF15D7-1FB0-470A-BD77-0518D31F16B6 (c) "Earnest Money Deposit": Tltc Initial F rnesl Nl(nxy Iklxlsil. tux AtklititNial Eartxst Mtxlc% Delxlsit aid am tither cal" A nxxliC% Ilaid in tt,ntxclitxl with this, tr•irlswtitxl. hereinafter ro1l-Ciivrl)• nAci-ran to aS "Earnest Mtxtc) Der —it", shall Iv tklxt,itctl ;run Ixkl in esti-mv by Ex•rtiw Agent until Closing?. ill which little it will be crcJitetl It, Buyer, tit• until this Ctxnriwt is tth-rtt ise terminated. In the event: 1 1) this olfer is twit lecellted: ttr (2) it ctxxlititit t,f irly resulting c(xlti-irl is Ixi q1tisfied. then tile Eeriest rvivicy I' efit sit shall he refurxletl to Buyer. In the event of tweach of this Ctxiwact b\ Seller. the Fattiest Miley Iklxrit .hall be r:fuxxkxl to Buyer ulxxn Buycr*s request. Inn such returnshall twit affect tun)' tinter r>: nietlie available It) Buvet' fix' Slk 11 Ir'Cikh. In rite -veni of I-xv wh of this Oxltract by Buyer. the Earnest Mtxxy DoIxtsil shall IV paid a, Seller uryx,n Seller's request its liiluiciatt. damages and as Seller's sale wtul exclusive r`niedy kir such Irriieh, but vaithmit limiting Seller's rights utukr ParatgrAlhs -40) and 4te► fir damage (o the Prtlllelty tit• Seller's light ttr retain (lie Due DilitwiVe Fee. It is a:kt mvIedgcd by the fro-lics that p:n=mcnt N' the Earn" Mti cy B-Ixlsil Io Seller in the event (if a rreach of this Currier by Buyer is conipensa(try anti twit Iltxlitive, such wntrxr being a reastrlahlc estinlatitttl tll' the ;mural It)ss that Seller wmiltl incur its ;I result of stich breach. The paynxnt of the Eanms( Mtrtey IAlx)sil to Selkr shall nun etxnstiluxe a IVIIalty tx' lirlciture but actual Comex-nsutitxt nix• Seller's anticill:ticd kyss. INih panics il-krx,vvleelging rite difllculty &04:11"inittg s Seller'actual danutges nix'breach. Smlbreach. I1 Itgall Ixuc"-dillgs are Irlxrght h\ Buccr tit• Scllcr against the txlxr to rtrov ter the Filrncst Nkxtcy I)clxtsit. 11x Itr•et"ailing Ixu'ty in the pnxreding shall he entitlt'd to rt- t,t t r' li•t,m tale Ixxl-lr•cv ailing party reastrt'aille atttrney fees aril cunt Crusts itxunre& in CtxreCfitxl with the I-irmectling. Century 21 Sweyer and (I•) "Escrow Agent" (insert naalle): Associates NOTE: In the even( tlf a dislxite beIUeat Seller art) Buyer ov"cr the disllt,sititil of the I arnc-4 Mtin y Delli sil IVIt( in Cscn,ly. it liccased real cstaW iruker C-Br4cr') is re µgirt -A I,y sIalc lilt uW Htt•rtiw Agent, if' tltlt it Br4er. hemhy agrees) it, retain the Eanit:( k1ti ey IXlx,sit in tux Eserow Agcnf'.s trust tit es:n,a ;ketxtnt until Escrtm Agent has tdnaincd a writer retcus- Inin tux fl;rtit -tx1>rnling tut ins dislx,si(itxt tr uxntil dislxrse menu is 0MICrtl by it0lon tlfconllxacll( jurixlit•titir. Alternalkelr. if a Brti;cr tit' all a(lttrncy licensed to Ili'mtice lath in North Cwt)lina f" Atttx'ne)"") is hukling the Ear•nt•si Mti cy Deposit. the Brtitcr tr Autrncy play ticlx,sit tux tlislltned nxxnics with (liealllxtglriatc clerk 4cmirl 41 a:ctrdalt:e Willi the pnlrisitxt. of N.C.G.S. je 3A I'. THI: PARTIES AGW*EtTHAT A REAL ISTATE BROKERAGE I-1RM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST .ACCOUNT AND THAT ANY INTEREST FARNI:D THEREON SHALU6. U.SBURSED TO THE 1~SCROW' AGENT MONTHLY IN CONSIDERATION 01: THE I:XPENSI:S INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATEDTHEREI'ITH. Igr "Effective Date": The dine thtlu ( I I the first title t)I' Buyer w1J Seller has signed kr initiated this t4le r (it' (Ile final ctrxneniffer. it' any. arx11 _1) such signulg ter initialillg is ctill, nttxticated to the party making the offer• ti'counterttlfer. as tux• cilse max he. (lit "Due Diligence": Buyer's tgllxruxlilyduring the Due DiligClwx Ptxitxl to inve'ligate the I'rttllerty alxl the tiansik1itx1 tt,na•nlpl.nctl by this Ctitir.wt, illt•lukling htx 1xi lxcessw•ily linlitetl w the nrlticrs dcx•ribe& in Paragraph -1 I1C ktty its etc:0c lt'hether Buyer. in Buy-r's st+l-discrtitxn, will Ixtn•ced ttill) "rlernlinale the cansitctitxl. (i) "Due Diligence Fee": A nxsaxiatetl anxxlnt, it .rly. lvtlid by Buyer IttSellu' with this. Gxtira:t fir• Buncr's fight tt,:txximl Duc Diligence durillg the 1XIC Diligence Period. It Mall IV (Ix lwtllx:rty 1)I' Seller ulxrlthe Effective Dale all shall be it credit w Buyer at Cklx�n-rcliuxlilhl- cxt-1.4 ill the ccetll %)f it tnalerial lv%:ixh td'this Ctxttr;lo 11% S-Ike'. tr if this ,sitlg. Rlc Ilk 1:)ilig-rx - F-e shall he Ctxrrrct is terminated under Paragnpli Ki1I tx• Paragraglh 12. tw as tilhcruise frt.)viektl in alin atkletxlunl beret- Btipr and Seller t.1Clt cslrrssl, "dive imob right that tile\. allay have it)deny lux right tit C%xxluCt 1")uC DiligClnt' or A, aa>ert al". delcnsc as to tux erliti•ccahilit\ of this Curran luisttl txt tux ahsctx- tr i111-getl insufl`it:ieix•y tit :rty. Duc Diligtrwe Fee. it tiring file intern of tux fxrties It, create a legally hint ing:txltracl Iir the lxrrchalse atttl sitl-tll (he I'ntllerty tt'itlxxil r-gar& to tux CristCl><C.x anxxxn of am fhw I)iligclwc Fee. (it "Due Diligence Period": Tux fxrkxl Ileginning txi the Ellc:livc Date and extending thnxlgh 50) ham. tit February 28, 2014 TIME BELNIG 01. THE EsSSE.NWE with rega ixi it) said slate. (k) "Settlement": Tux llrttp-r extxutitit alxl &-livery to Qle closing attonrey uf.ill ekicullicills necessary it, cunifllete tux trans:klitlil t,tinenlplatutl by this Cciturml. including the ticetl. ;ctticnxnt slirenlcnt. deed ill' trust ixttl tether Itxrl ul. ctxlv"eywx'e tklcunu:nts, altd Tile ch):sing atlt,tllcys ro chin of a111 lu ill is necessary Iti C0111I110C Stcll tl'w hatlh Nl. Sign Envelope ID: 5FAF15D7-1FB0470A-BD77-0518D31F16B6 (b) Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Inspections: Inspections to determine the condition of any improvements on the Property, the presence of unusual drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presence of asbestos or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and the presence and level of radon gas on the Property. (ii) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Residential Property and Owners' Association Disclosure Statement provided by Seller prior to signing this offer. (iii) Insurance: Investigation of the availability and cost of insurance for the Property. (iv) Appraisals: An appraisal of the Property. (v) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vi) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (viii)Utilities and Actress: Availability, quality, and obligations for maintenance of roads and utilities including water, sewer, electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (ix) Fuel Tank: Inspections to determine the existence, type and ownership of any fuel tank located on the Property. (NOTE: Buyer is advised to consult with the owner of any leased fuel tank regarding the terms under which Buyer may lease the tank and obtain fuel.) ;c) Repair/Improvement Negotiations/Agreement: Buyer acknowledges and understands that unless the parties agree )therwise, THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION. Buyer and Seller acknowledge and understand hat they may, but are not required to, engage in negotiations for repairs/improvements to the Property. Buyer is advised to make any repair/improvement requests in sufficient time to allow repair/improvement negotiations to be concluded prior to the expiration A the Due Diligence Period. Any agreement that the parties may reach with respect to repairs/improvements shall be considered an obligation of the parties and is an addition to this Contract and as such, must be in writing and signed by the parties in accordance with Paragraph 20. (NOTE: See Paragraph 8(b) Access to Property/Walk-Through Inspection and Paragraph 8(k) Negotiated Repairs/Improvements.) (d) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices either approved by the N.C. Home Inspector Licensure Board or applicable to any other N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (e) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (f) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this 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 Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT _ _ _ __ —_ __.� .�,.. .r ♦,.,......,a. n.,..e�......, ...,.,r:.,,.� to;n ctivweP the Pmnerty followine the expiration of Sign Envelope ID: 5FAF15D7-1FB0470A-BD77-0518D31F16B6 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) Primary Residence: Seller represents that the Property ❑ is or ® is not Seller's primary residence. (c) Lead -Based Paint (check if applicable): ❑ The Pmperty is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum ( Standard Form 2A9-T) ). Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None" or identification of such assessments, if any): None. If any seller to pay ler warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such essments, if any): None Owners' Association(s) and Dues: Seller authorizes and directs any owners' association, any management company of the ners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyers Vs, representative, or lender true and accurate copies of the following items affecting the Property, including any amendments: master insurance policy showing the coverage provided and the deductible amount Declaration and Restrictive Covenants Rules and Regulations Articles of Incorporation Bylaws of the owners' association current financial statement and budget of the owners' association parking restrictions and information architectural guidelines : name, address and telephone number of the president of the owners' association or the association manager is: N/A ,ners' association website address, if any: name, address and telephone number of the president of the owners' association or the association manager is: N/A ,ners' association website address, if any: (f) OIL AND GAS RIGHTS DISCLOSURE: Oil and gas rights can be severed from the title to real property by conveyance (deed) of the oil and gas rights from the owner or by reservation of the oil and gas rights by the owner. If oil and gas rights are or will be severed from the property, the owner of those rights may have the perpetual right to drill, mine, explore, and remove any of the subsurface oil or gas resources on or from the property either directly from the surface of the property or from a nearby location. With regard to the severance of oil and gas rights, Seller makes the following disclosures: _DS _a Yes No No Representation WSM�-- 1. Oil and gas rights were severed from the property ❑ ❑ $uyer nitials by a previous owner. —os _ Yes No jn�S41P°" 2. Seller has severed the oil and gas rights from the ❑ Buyer Initials property. .—os 3. Seller intends to sever the oil and rights from Yes ❑ No gas >ign Envelope ID: 5FAF15D7-1FB0-470A-BD77-0518D31F16B6 (h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ N/A toward any of Buyer's expenses associated with the purchase of the Property, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay, 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 points, loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dues, etc.). (i) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that the amount thereof can be reasonably determined or estimated. 0) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (k) Negotiated Repairs/Improvements: Negotiated repairs/improvements shall be made in a good and workmanlike manner and Buyer shall have the right to verify same prior to Settlement. (1) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations udder this Paragraph 8 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled tc recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of :clement 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 property shall be prorated on a calendar year basis; (b) Taxes on Personal Property: Ad valorem taxes on personal property for the entire year shall be paid by Seller unless the personal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis; (c) Rents: Rents, if any, for the Property; (d) Dues: Owners' association regular assessments (dues) and other like charges. HOME WARRANTY: Select one of the following: ❑ No home warranty is to be provided by Seller. © Buyer may obtain a one-year home warranty at a cost not to exceed _ _ and Seller agrees to pay for it al Settlement. ❑ Seller has obtained and will provide a one-year home warranty from at a cost of $ and will pay for it at Settlement. OTE: Home warranties typically have limitations on and conditions to coverage. Refer specific questions to the home warranty npany.) CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract dl be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable ar and tear excepted. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered tc Iler or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer doe: )T elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceed: gable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existin€ 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 modificatior :veto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good th and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able tc Sign Envelope ID: 5FAF15D7-1FB0-470A-BD77-0518D31F1666 plete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the -Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and ling within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or therwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -Delaying Party terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. POSSESSION: Possession, including all means of access to the Property (keys, codes, garage door openers, etc.), shall be iered upon Closing as defined in Paragraph I (m) unless otherwise provided below: ❑ A Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-T) ❑ A Seller Possession After Closing Agreement is attached (Standard Form 2A8-T) '❑ Possession is subject to rights of tenant(s) (NOTE: Consider attaching Additional Provisions Addendum (Form 2A-I1-T) or Vacation Rental Addendum (Form 2A13-T)) OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS 7TRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND 'ACH HERETO. NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT MITIONS OR CONTINGENCIES TO THIS CONTRACT. additional Provisions Addendum (Form 2AI I-T) lack -Up Contract Addendum (Form 2A I-T) .ontingent Sale Addendum (Form 2A2-T) flA/VA Financing Addendum (Form 2A4-T) .ead-Based Paint Or Lead -Based Paint Hazard addendum (Form 2A9-T) )THER: ❑ Loan Assumption Addendum (Form 2A6-T) ❑ New Construction Addendum (Form 2A3-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) ❑ Vacation Rental Addendum (Form 2A] 3-T) ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax- rred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the eyance of the Property, Buyer and Seiler agree to cooperate in effecting such exchange; provided, however, that the exchanging shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, (ding assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect is provision. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, essors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter lers, as appropriate. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after :losing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or xmed. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, cements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and :d by all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seller or Buyer as ained in any listing agreement, buyer agency agreement, or any other agency agreement between them. NOTICE: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. Any :en notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a party's ...--:t .,,L1.e..... Fn .,,, ;n at fnrrh in tho "NntiPA Tnfnrmatlnn" gertinn Sign Envelope ID: 5FAF15D7-1FB0-470A-BD77-0518D31F1686 . EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the ne instrument, and the parties adopt as their seals the word "SEAL" beside their signatures below. . COMPUTATION OF DAYS: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive lendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be rformed or made. IE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE ) REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY 'ECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR '.GAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. its offer shall become a binding contract on the Effective Date. ite: Janua 28, 2014 ry r W Sco4J �ck��nh (SEAL) �y)�lcKinnon ite: January 28, 2014 De A4 ey ryer Paw; a. 1W.Ki .. , . (SEAL) e" A. McKinnon rte: 1/29/2014 Date: Selle ��" �' (SEAL) asxbo ktr chell Date: 1/29/2014 "� Seller �6VA& A. i�1. d A (SEAL.) Do �26�a>sab. Date: ryer (SEAL) Seller (SEAL) cuSign Envelope ID: 5FAF15D7-1FB0-470A-BD77-0518D31F16B6 this disclosure does not modify or limit the obligations of Seller under Paragraph 8(f) of this Contract and shall not constitute tl assumption or approval by Buyer of any severance of oil and gas rights, except as may be assumed or specifically approved by Buyer vriting. NOTE: The parties are advised to consult with a NC attorney prior to signing this Contract if severance of oil and gas rights h; recurred or is intended.) I. SELLER OBLIGATIONS: (a) Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Dat, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. Self authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in sue attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to relea; and disclose all materials in the Property's title insurers (or title insurer's agent's) file to Buyer and both Buyers and Seller's agen and attorneys- (b) Access to Property/Walk-Through Inspection: Seller shall provide reasonable access to the Property (including workin; existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing Buyer an opportunil to conduct a final walk-through inspection of the Property. (c) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal propert which is not a part of the purchase and all garbage and debris from the Property. (d) 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 any, 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 ma 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 bee paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or clan arising therefrom. (e) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall hav designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agen All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid an satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remai obligated to obtain any such cancellations following Closing. (f) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordabl 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 ( the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolate covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances ( defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right e way. (NOTE: Buyers 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 a 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 Addendur (Standard Form 2A14-T) as an addendum to this Contract.) (g) Deed, Excise Taxes: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller' obligations under this Contract, and for state and county excise taxes required by law. The deed is to be made to: W. Scott McKinnon and Patricia A. McKinnon :uSign Envelope ID: 5FAF15D7-1FB0-470A-BD77-0518D31F16B6 the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligenc Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Du Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails t materially comply with any of Seller's obligations under Paragraph 8 of this Contract or for any other reason permitted under th terms of this Contract or North Carolina law. (g) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITI01 UNLESS PROVISION IS OTHERWISE MADE IN WRITING. BUYER REPRESENTATIONS: (a) Loan: Buyer ❑ does (M does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a ne) loan, Buyer intends to obtain a loan as follows: ❑ FHA ❑ VA (attach FHA/VA Financing Addendum) ❑ Convention ❑ Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of plus any financed VA Funding Fee or FHA M1P for a term of year(s), at an initial interest rate not to excee 0.000 % per annum (the "Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents du Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to obtai. documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining new loan. (b) Other Property: Buyer ❑ does ® does not have to sell or lease other real property in order to qualify for a new loan or u complete purchase. (NOTE: This Contract is not conditioned upon the sale of Buyer's property unless a contingent sale addendum such as Standan Form 2A2-T is made a part of this Contract.) (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other cincumstances o conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as may be specifically set forth herein. (d) Property Disclosure (check only one): ® Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to th signing of this offer. ❑ Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior u the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund o any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (I) the end of the thin calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the date the Contrac was made; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ Exempt from N-C. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES): BUYER OBLIGATIONS: (a) Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment information of owners' association dues or assessments for payment or proration and any charge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. Buye shall not he responsible for fees incurred by Seller in completing the Residential Property and Owners' Association Disclosun Statement. (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 Buyer appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. :uSign Envelope ID: 5FAF15D7-lFB0-470A-BD77-0518D31F16B6 (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance will the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should revea unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, ther the Closing shall be suspended and the Settlement deemed delayed under Paragraph 13 (Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closinf constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non-attomey settlement agents ma; perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carotin Bar Association and the North Carolina Association of REALTORS@ that all buyers should hire an attorney licensed in Nord Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes anc recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues) either of 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 prio to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is full, payable at time of Settlement. FIXTURES: The following items, if any, are deemed fixtures and are included in the Purchase Price free of liens nge/stove/oven, any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtail ds, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishe id receivers, burglar/fire/smoke/carbon monoxide/alarms, pool and spa equipment, solar energy systems, attached fireplace screens, ga gs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball )als, storage sheds, mailboxes, attached wall and/or door mirrors, fuel tank(s) whether attached or buried and including contents, if any of Settlement, landscape and/or foundation lighting, invisible fencing including all related equipment, lawn irrigation systems and at laced equipment, water softener/conditioner and filter equipment and any other items attached or affixed to the Property, EXCEPT th, Blowing items which are leased or not owned by Seller or which Seller does not intend to convey: None ,ller shall repair any damage caused by removal of any items excepted above. 40TE: Seller and Buyer should confirm whether fuel tanks, antennas, satellite dishes and receivers, alarm systems, and other item sted above are leased or not owned by Seller and should be entered in the blank above. FUEL TANKS AND ANY FUEL IN THEb IHICH ARE NOT TO CONVEY SHOULD BE NOTED IN THE BLANK ABOVE.) PERSONAL PROPERTY: The following personal property shall be transferred to Buyer at no value at Closing: Blt-in icrowave Freestanding Range, Refrigerator, Washer 6 Dryer VOTE: Buyer is advised to consult with Buyer's tender to assure that the Personal Property items listed above can he included in thi 'ontract.) 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 approv, of the 1 .nan if anv.