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Home My WebLink About63174D - WolfeCAMA / �TOREDGE & FILL n 'ENERAL PERMIT Previous permit # k A New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued!✓/, zed by the State of North Carolina, Department of Environment and Natural Resources :)astal Resources Commission in an area of environmental concern pursuant to I SA NCAC (J -7 ❑ Rules attached. Name ?A 111r S W 0L f Project Location: County Pf ►`� �-- �"raj%� r✓ i f /' Street Address/ State Road/ Lot #(s) state / zIP '�/ L OT' I , L% R A K IF !z vA p ( ,0Itj�+fa Fax #Gl /( ) /� ��/4 Subdivisi n � .4n :d Agent /tom»-EXCityi'1'i�S CPC+? ZIP ❑ CW _®EW PTA ❑ ES ❑ PTS Phone #) 5qd - �I3S River Basin' ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body ❑ PWS: ❑ FC: �O�SA/L- !�-� [lll yD yes /,+,no' , PNA (yes� no Crit.Hab. yes tno) Closest Maj. Wtr. Body Project/ Activity :k) length 7� ier(s) ngth - — i tuber J/ Riprap length distance offshore uc distance offshore cannel bic yards np is Boatli 121 � X 12, �W ME MEN ie Length 4-1— (110 not sure yes ('no s: not sure yes ` rium: n/a yes , Qo� ........... yes m Attached: qe no ing permit may be required by: i do- , .9 ❑ See note on back regarding River Basin WESTERNI (MONEY WESTERN UNION FINANCIAL SERVICES INC. -ISSUER UNION O R ®E RPayeble at Wells Fargo Bank Grand Junction - ptown _N.A., OrerW Junction, ColoradoEnlewood, Coloradoredo g --------- - - - - ---- - 14 - 7 0 2 0 3 7 8 7 3 PAY EXACTLY PAY TO THE �/ Al �dPAYMENT FOR/ACCT. # ORDER OF PURCHASER'S ADDRESS'-_)---- PURCNASEN'SSIGNATUrR• 7 3��' plicant:'N V L— f C p4-A— MILIFe— Permit #. scribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement nd in your Habitat code sheet. TOTAL Sq. Ft. (Applied for. itat Name DISTURB TYPE Disturbance total Choose One includes any anticipated restoration or temp impacts) 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 final disturbance. Excludes any restoration and/or temp impact amount) Dredge (IFill ❑ Both ElOther Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ❑ Fill ❑ Both [I Other ❑ ::�:Dredge Dredge [I Fill [I Both El 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 ❑ N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date Name of Property Owner Applying for Permit: a Mailing Address: W% I certify that I have authorized (agent) (� �� to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) at (my property located at) This certification is valid thru (date)—/ Me �3i Property Owner Signature Date I hereby certify that I own property adjacent to l- L-Y L4-. - 1 " CL-u�-1 I/t.,' G '-s �� (Name( f� rppe i y Owner property located atcLj, Address, Lot, BI , Road, etc. on a o-Y-JOLG in YY--j2S N.C. (Waterbody) (City/To and/or County) 1 he applicant has described to me, as shown below, the development proposed at the aoov= i ocah �� I have no objection to this proposai. J 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 back a minimum distance of 15' from my area of riparian access unless waived by wish to waive the setback, you must initial the appropriate blank below.) n i do wish to waive the 15' setback requirement. must be se-. me. (if you I do not wish to waive the 15' setback requirement. I (Property Owner Information) (AdjacenToypy Own ,'Inform tion) t ��) / Simi �r t U) 6 ture t Si ure l G t or vp Name Print eWa me i ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to cvoi 1(L .4- �LwI U)e ['r 's property located at (Address on 02, in (Waterbody) (�e of Prope�t�,Owner) Lot Block, Road, etc.) N.C. (C /Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location "f 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 minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to wai% the setback, you must initial the appropriate blank below.) r I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. perty Owner �In�formation) 7W Si tur e Print nr Tvna Nama (Adacent Property Owner,information) o V1, Signature 5 U 1�5- a K)� K Print nr Tvnn Ahma _ {I is kvo Goo- OFFER TO PURCHASE AND CONTRACT - VACANTLOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form} OTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have imediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, operly approved_and-recorded.with_the .register-of..deMs as - of -the -date of the-contract.--ItSeller-is-Buyer's builder and the sale volves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New instruction (Form _ ) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New )nstruction Addendum (Form 2A3-T),. >r valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller ion acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any Idcndum or modification made in accordance with its terms (together the "Contract"), TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each rtn. (a) "Seller": Susan Coleman Kay (b) "Buyer": Paul Wolff and Carla Wolff (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. Street Address: Drake Road City: Hampstead County __ pPrxr— _ _ ,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 1_, Block/Section G , Subdivision/Condominium Mallard Bay Subdivision ---.,as shown on Plat Book/Slide The PIN/PID or other identification number of the Property is: 4213-26-0202-0000 (s) -� Other description: — - -- Some or all of the Property maybe described in Deed Book (d) "Purchase Price": $ _ paid in U.S. Dollars upon the following terms,- $ BY DUE DILIGENCE FEE made payable to Seller $ _�09�Q0 .._ BY INITIAL EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph 1(0 with this offer by O cash O personal check O official bank check O other: $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable to Escro' w Agent named in Paragraph l (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-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 the Effective Date, or should any 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 good funds to the payee. In the event Buyer does not timely deliver tlnod funda IP.tIPr Qhalt haVP fl A r;al t to t+. tt.:e r n..f—f . __.....:sre... a n.-. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Meney-Deposit-shall-be-refunded--to-Buyer:-In-the event of-breach,of-this-Contraot-by-Seller,-tiic-Eaatest MoneyDepasirshal!'b"e refunded to Buyer upon Bayer's request, but such return shall not affect any other remedies available M- Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller upon Seller's request as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for SelIer's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name):. Daniel D. Mahn, Attorney at Law (NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broken") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest Money Deposit, the Broker may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions ofN.C.G.S. §93A-12.) THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. (h) 'Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether 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 Due Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(1) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. 0) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on - i%?� .,_ TIME BEING OF THE ESSENCE with regard to said date. (k) "Settlement": The proper execution and delivery to the settlement agent of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the settlement agent's receipt of all funds necessary to complete such transaction. J �,,+, 6 t l� V" 1, (1) "Settlement Date": The parties agree that Settlement will take place on� ) (the "Settlement Date"), unless (m) "Closing": The legal process which results in the transfer of title to the Property from Seller to Buyer. Closing 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 settlement agent'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 settlement -agentifter-Settlement. tipvtrzuch-recardatitm-afthe-deed(g)-and deed(s) Of trust, if any,-Closing-shall-bc-deemed-completcd and the proceeds of sale shall be disbursed by the settlement agent in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the settlement agent is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay in Settlement/Closing). (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem 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 prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is fully payable at time of Settlement. BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of 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 allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction.) (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) Soil, Utilities And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) 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 Owners' Association Disclosure And Addendum (Standard Forni 2Al2-T) provided by Seller prior to signing this offer. (v) Appraisals: An appraisal of the Property. (vi) Survey: A survey to determine whether there are any encroachments on the Property from adjacent properties (fences, driveways, etc.), encroachments from the Property onto adjacent properties, road or utility easements crossing the Property, lack of legal access to a public right-of-way, or indefinite or erroneous legal descriptions in previous deeds to the Property. (vii) 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. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting i-om any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by iceepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and nspections of the Property. This repair obligation shall survive any termination of this Contract. i),_ trdemn ty: Buyer wWjndannif,�md hold Seller_harmless fromalLloss,_damagetclaims,.suits.or..aosts,_which-chall.arise.outof any contract, agreement, or injmmry to any person or property as a result of any activities of Buyer and Buyer's agents and :ontractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the ?roperty and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any ermination hereof, e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to >eller written notice of termination (tire "Termination Notice") during the Due Diligence Period (or any agreed -upon written atension of the Due Diligence Period), TIME BEING OF THE ESSENCE, If Buyer timely delivers the Termination Notice, this :ontract 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, rrior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seiler. SELLER IS NOT )BLIGATED TO GRANT AN EXTENSION. Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of he Due Diligence Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to 3uyer's Due Diligence.) NOTE: Following the Due Diligence Period, Buyer may still exercise a right to terminate this Contract for any other reason erniitted under the terms of this Contract or North Carolina law.) 0 CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION iNLESS PROVISION IS OTHERWISE MADE IN WRITING. IUYER REPRESENTATIONS: r) Loan: BuyerXXdoes ❑ does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other: loan at a ❑ Fixed hate ❑ 4ustabie Rate in the principal amount of ` for a term of year(s), at an initial interest ite not to exceed 3.75 % per annum (the "Loan"}. _- VOTE: If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, rior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property ,ithout the necessity of obtaining a new loan.) r) Other Property: Buyer IX does ❑ does not have to sell or lease other real property in order to qualify for a new loan or to )mplete purchase. (NOTE.: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum itandard Form 2A2-T) with this offer.) s) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or )nditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in ;cordance with this Contract, except as may be specifically set forth herein. DYER OBLIGATIONS: i) Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment information on wners' association dues or assessments for payment or proration and any charge made by the owners' association in connection -ith the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. uyer shall not be responsible for fees incurred by Seller in completing the Owners' Association Disclosure and Addendum >tandard Form 2Al2-T). �) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments .sclosed by Seller in Paragraph 5(b), if any. c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, tppraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the )alance of the Purchase Price unpaid at Settlement. SELLER REPRESENTATIONS: a)_Qwnership:_SeUer_represcnr_a_that Seller.- ----.. __.--_-.- ,_............ ... ___.....___.._.. ............. D 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 ere are no 11ropos Sp ial ssessmen .s except as follows (Insert "None" or he identification of such assessments, if any): >eller warrants that there air, Vo Conft. ed Special A atsments except as follows (Insert "None" or the identification of such assessments, if any):b�t, c) Owners' Associatiou(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects 0 does not subject 3uyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, onditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular ssessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and addendum (Standard Form 2Al2-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to his Contract. d) Sewage System Permit: (O Applicable O Not Applicable) Seller warrants that the sewage system described in the mprovement Permit attached hereto has been installed, which warranty survives Closing, but makes no further representation as to he system. e) Private Drinking Water Well Permit: (O Applicable O Not Applicable) Seller warrants that a private drinking water well as been installed, which warranty survives Closing, but makes no further representation as to the well. (If well installed after July , 2008, attach Improvement Permit hereto.) ELLER OBLIGATIONS: s) Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date, opies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's pinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) ny attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to toyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all taterials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. )) Access to Property: Seller shall provide reasonable access to the Property (including working, existing utilities) through the artier of Closing or possession by Buyer. To the extent applicable, Seller shall also be responsible for timely clearing that portion f the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property )r a sewage system and/or private drinking water well. ;) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property ,hick is not a part of the purchase and all garbage and debris from the Property. 1) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit and indemnification agreement in >rm satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or irnished labor, services, materials or rental equipment as described in N.C.G.S. §44A-8 to the Property within 120 days prior to to date of Settlement verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's mder(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom. ;) Payment and Satisfaction of Liens: All deeds of trust, liens and other charges against the Property, not assumed by Buyer, rust be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. eller shall ramain nhl,tratPtl to nlitain nnv cffr�, ranrnllotinnc fnlln... inn (`lne;— f) Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property at Settlement unless )therwise stated herein, which shall convey fee simple marketable and insurable title, free of all encumbrances except: ad valorem axes for the current year (prorated through the date of Settlement); utility easements and unviolated restrictive covenants that do tot materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer n-writing._The.Property-murtha-ve-legal.ar4ess-to-a-public.right-ofway.-.-- - --.--- ---_..------------___ — - NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum 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's bligations under this Contract, and for state and county excise taxes required by law. The deed is to be made to: h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $__ � G, C-V _ toward any of Buyer's xpenses associated with the purchase of the Property less any portion disappro_ by Buyer's (ender. VOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount oints, loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association ues, etc.))- ) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that the mount thereof can be reasonably determined or estimated. ) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. c) Owners' Association Disclosure and Addendum (Standard Form 2Al2-T): If applicable, Seller shall provide the completed wners' Association Disclosure and Addendum (Standard Form 2Al2-T) to Buyer on or before the Effective Date. ) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then e Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the asonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. RORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of :ment and either adjusted between the parties or paid at Settlement: Taxes on Real Property: Ad valorem taxes on real property shall be prorated on a calendar year basis; Rents: Rents, if any, for the Property; Dues: Owners' association regular assessments (dues) and other like charges. ONDITION OF PROPERTY AT CLOSING: The Property must be in substantially the same or better condition at Closing as date of this offer, reasonable wear and tear excepted. ISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds ile on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing ince on the Property until after confirming recordation of the deed. ►FLAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification o, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to fete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to on -Delaying Party and settlement agent and shall be entitled to a delay in Settlement If the parties fail to complete Settlement losing within fourteen (14) days of the Settlem—t M.to — t- r9,.+1— —t--A 0— eeWsw.— r%..._ L..-__ _, _. lying Party shall be in breach and the Non -Delaying Party may terminate this Contract and shall be entitled to enforce any ✓dies available to such party under this Contract for the breach. POSSESSION; Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree or station removal or other such activities may be done before possession is delivered. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS 1TRACT, 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 AFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) .dditional Provisions Addendum (Form 2AI I -'I) U Loan Assumption Addendum (Form 2A6-T) ack-Up Contract Addendum (Form 2AI-T) 0 Owners' Association Disclosure And Addendum (Form 2Al2-T) ontingent Sale Addendum (Form 2A2-T) la Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A 14-T) THER: Contract Addendtam prepared by Daniel D.-Mahn, Attorney at Law 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 essors. 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 Seller 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 not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional ments, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required ve effect to this provision, PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seiler and their respective heirs, ,ssors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter ers, as appropriate. SURVIVAL: If any provision herein contained which by its stature 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 armed. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, ,ements 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 REALTOe or broker and Seller or Buyer as tined in any listing agreement, buyer agency agreement, or any other agency agreement between them. VOTICE: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. Any 3n notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a party's by sending or transmitting it to any mailing address, e-mail address or fax number set forth in the "Notice Information" section v. Seller and Buyer agree that the "Notice Information" and "Escrow Acknowledgment" sections below shall not constitute a rial part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an or the creation of a counteroffer. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the 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 dar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating s, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was Lired to be performed or made. 7 NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION KE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN Y-�PEC-ff C—T-RANS-AG�TiON. -IF -yo U-DC�-NO`-UNDERgTAND-THI3-FORM OR7FEEL1PIIAt IT �HO$S NOT PROVIDE (YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU N IT. offer shall be -come a binding contract on the Effective Date. s: I/ l %`J. ti (SEAL) Date: Seiler ' 11 �! Q (SEAL) Date: Seller Date: (SEAL) Dr (SEAL) Seller ,_ (SEAL) Addendum to Offer to Purchase and Contract Prepared by Daniel D. Mahn, Attorney at Law Seller: Susan Coleman Kay Buyer: Paul Wolff and Carla Wolff Property: Lot 1, Section G, MalIard Bay Subdivision, Map Book 18, Page 12, Pender County Registry Unassigned street address, Drake Road, Hampstead, NC 28443 1. The contract is contingent on the sale and closing of Paul and Carla Wolff s property at 9110 Boothbay Court, Wilmington, NC 28411. 2. The contract is contingent on a satisfactory perc test on the lot. +0 3. The contract is contingent on Paul and Carla Wolff being able to obtain a dock permit from CAMA. 1 a t ba Agreed as stated above: (� C)1� , t�� Seller: "6A �2 Susan Coleman Kay Date Buyer: Paul Wolff J Date NOTICE INFORMATION 3TE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES R-T'HE-RECEIRT OFANY NO"FICB CONTEMPLATED BY THIS -CONTRACT, INSERT "N/A' FOR --ANY WHICH ARE �T APPROVED.) YER NOTICE ADDRESS: iling Address: mr Fax#: _ (er E-mail: LLING AGENT NOTICE ADDRESS: SELLER NOTICE. ADDRESS: �G �e�talfi�.C. Mailing Address: lt# — d Seller Faxit: Seller E-mail: LISTING AGENT NOTICE ADDRESS: n Name: N/A Firm Name:_ N/A ing as O Buyer's Agent O Seller's (sub)Agent 0 Dual Agent Acting as O Seller's Agent O Dual Agent iling Address: Mailing Address: . ividual Selling Agent: N-cting as a Designated Dual Agent (check only if applicable) -nse #: ling Agent Phone#: --------_._....-_....---------•--------- _— 'ing Agent Fax#: — ing Agent E-mail: Individual Listing Agent: — O Acting as a Designated Dual Agent (check only if applicable) License #: Listing Agent Phone#: Listing Agent Fax#:_ Listing Agent E-mail:- ESCROW ACKNOWLEDGMENT OF INITIAL EARNEST MONEY DEPOSIT row Agent acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in vdance with the terms hereof. Firm: Daniel D. Mahn, Attorney at Law _.--__-- (Signature) (Print name) i. ,F i � t is; !1 t rio%' si -- �� CA r 1 , ••ter,.-� L,.-s 01. r ro,f."te i \Oi G Ol r. r• ' v. +(..~ ,✓'w..�F. 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