Loading...
HomeMy WebLinkAbout62542D - KellyCArMA 62 j DREDGE & FILL 33"ENERAL PERMIT Previous ermit# New _ Modification - P Complete Reissue ❑Partial Reissue Date previous permit issued--Cr" rized by the State of North Carolina, Department of Environment and Natural Resources�y� Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 1 ri W LL/, ^❑ Riles �tuched. t Namei1 P ✓' Project Location: County VY �U�l1V�►'/ Street A_ ddress/ State Road/ Lot #(s) / T State Fax # ( ) Subdi ' ion (/ ed Agent %k4r //VE City;� ZIP-7� 1 Ij _CW EW _:_PTA E-PES ❑PTS ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: FC: yes no PNA�es,% no Crit.Hab. yes no if Project/ Activity l/V\ S t A ( / ock) length (0 k :5 7 m(s) X d pier(s) ength ember ad/ Riprap length ig distance offshore _ iax distance offshore :hannel i jbic yards mp use/ Boatlift 3ulldozing ie Length not sure yes gs: not sure yes �o rium: n/a yes yes no Attached: rw no f i Phone # (yIJ )Syo —,,;/ 3!;- River Basin Adj. Wtr. Body / v r ' l � u " / (nat Closest Maj. Wtr. Body �_�/ c"��° (Scale: / n= ing permit may be required by: ��` ❑ See note on back regarding River Basin i nli giant: � kk��� t, Permit le: 1b, b L3 scribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement not in your Habitat code sheet. ,itat Name Dw DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total 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 ❑ Fill ❑ Both ❑ Oth __V 06 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 ❑ ISSUER Englewood. Colorado WESTERN UNION FINANCIAL SERVICES IN at Wel_Is Bank Grand Downtown, N.A., Grend Junctlon, GWo�odo 14-758142225 -o SI .� ii0413 T 1Q5u 1�� ��-�� ppQl.l33 41581422. ' El! D!]l.LARS AND Tl0 C�NT{,� PAYMENT FORlACCT. # �PHASER'S ADDRESS — pJPCN�SEP'G SIGNATUPE t,01 758L►+222Solis C-EBI FIEC fifaI�TURN RECEIPTT TED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER N Name of Property Owner; 0171 4eA ki) OTIFIC TiONIWAIVE�L� ,R FORM is)PO[44 Address of Property, "l� 5 a l - (Lot or Street #, Street or Road, City & County) Agent's Name #: �� ,, ..L Waiting Address: Agent's phone; 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 ft development they are p posing. 6-description or dm;gina, with dimensions,,Must be 2Myided wilt 's letter. Ye.i� I iYi�e '� bave ao objections to this proposal. I have objections to this proposal. If you have objection to what is being propo€tod, you must ne tfty the Division of CoaMl Uanagemont (DCM) In writing within 10 days of reooOt of this notice, Corraspondsnco should be matted to 127 Cardinal Drive &L, WUm1MMm. NC, 28405-3848. DCN rmpnmWadvas can also be contacted at (910) 796-7215, No nWonso Is consfdarad the same as no o oct !! have boon notified b� Cerd(!ed Mail. iM �iSll I�� , Wi�saI III IpN�d I. 'I.I.f♦ WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 5 6' from my area of riparian access unless waived by me. (if you waive setback, you u i jg the appropriate blank below,) ado wish to waive the I$' setback requirement, I do not wish to waive the 1 v' setback requirement. II .� _ Signature Print or Type &tame 3POD �(. rgctj o,�verDr14-e MaAn-g address 5ff Lt-�y A16 Zi is CIVStotemp (Adjacent Property Owner tnformadon) Signature Print or Type Name Mailing Address Cllr vslsteaip q(n 2.,k, p�'AA9� '.rtud I heroby oertHy that I own property etfaant to - R Proper�r owner), propert located at Add >w, Rot, oak, � n•) on , in ht.C. a rbody grrrow andfor County) The:! has described to me, as shown below, the development proposed at the above localion- I have no objection to this propasal. i have pbjel= wa to this proposal. DISMIP'fM ANDIOR DRAWING OF NtOPOSED DEV614" :NT (Irr4 W&W praixie ft divplapmmrt Mu M fld In d tran babw or On* a alts dnrAV) idon Grimes City, NC 910-540-5135 I: BandBMarinrConshvction@gtnail.com WAIVER 5 I understand that a pier, dock, mooring p8inps, breakwatar, boathouse, rift, or groin moat be set back a minimum distanoo of I IP ftm my area of riparian access unless waived by me. (d you wish t0 waive the setback, you must initial the appropftW blank below) I do wleh to waive bte IS, udmcs requimment ✓I do fat wish to waive the I W setback requirement. pertf)Owrloar In Agar) f ., -. . entiPro�pae�jt Q�r information) 5 r or nrsm� SPS.com® - USPS TrackingTM Page 1 of 2 English Customer service USPS Mobne _- USPS USPS TrackingTM 70123460000062655166 September 18, 2013 Postal Product: Features: First -Class Mad" Certified Mail u September 18, 2013, 2:15 Delivered CREEDMOOR, NC 27522 pm September 18, 2013, 7:45 am Available for Pickup CREEDMOOR, NC 27522 September 18, 2013, 7:43 am Arrival at Unit CREEDMOOR, NC 27522 September 18, 2013 Depart USPS Sort RALEIGH. NC 27676 Facility September 18, 2013, Processed at USPS RALEIGH, NC 27676 12:36 am Origin Sort Facility September 17, 2013, Processed at USPS RALEIGH, NC 27676 1128 am Origin Sort Facility September 17, 2013 Depart USPS Sort FAYETTEVILLE, NC 28302 Facility September 16, 2013, Processed at USPS FAYETTEVILLE. NC 28302 10.32 pm Origin Sort Facility September 16, 2013, 4:42 Dispatched to Sort HOLLY RIDGE. NC 28445 pm Facility September 16, 2013 , 3-57 Acceptance HOLLY RIDGE, NC 28445 pm Register! sign In Have questions? We're here to help. Return Receipt Electronic Email Updates What's your tracking (or receipt) number? N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date q/ �5 //3 Name of Property Owner Applying for Permit: CC,-f hen i-e %has ((e ,fie ll y Mailing Address: .3��5 Glen barry� na I certify that I have authorized (agent) A/a n dan r��- Yr�� 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) Property Owner Signature Date OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form] 9: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not 3iate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been pla rly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale invc ,nstruction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Constru( 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construc idum (Form 2A3-T). duable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller 1 =ce agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any adden dification made in accordance with its terms (together the "Contract"). ERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to t) "Seller": Elizabeth Lewis, NC RE Broker )) "Buyer": Catherine Kelly ;) "Property": The Property shall include all that real estate described below together with all appurtenances thereto includiq nprovements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller sh onsider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A1 rith this offer. treet Address: marshland :ity: surf city Zip: 28445 :ounty: VOTE: over taxes, zoning, school North Carolina utilities and mail delivery may differ from address shown.) ,egal Description: (Complete ALL applicable) lat Reference: Lot/Unit , Block/Section , Subdivision/Condomimum , as shown on Plat Book/Slide at Page(s) be PIN/PID or other identification number of the Property is: 4234-69-4094-0000 Ither description: See Exhibit A - Subdividing From Large Parcel Of Land ome er-aH of the Property may be described in Deed Book 58 at Page 94 "Purchase Price": $ 10 , 000.00 paid in U.S. Dollars upon the following terms: $ BY DUE DILIGENCE FEE made payable to Seller by the Effective Date. $ 5,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable to Escrow Agent na in Paragraph l(f) ❑ with this offer OR ❑ delivered within five (5) days of Effective Date of this Contract by ❑ cash ❑ personal check ❑ official bank ch ❑ wire transfer. $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable to Escrow A named in Paragraph l (f) by cash or immediately available funds such as official 1 check or wire transfer to be delivered to Escrow Agent no later TIME BEING OF THE ESSENCE regard to said date. $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller or existing loan(s) secured by a deed of trust on the Property in accordance with the atta Loan Assumption Addendum (Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Adder (Standard Form 2A5-T). $ 5,000.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be 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 ;e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other ea nonies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be depc tnd held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is other :erminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the E, Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit sh', -efunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. I ;vent of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller upon Seller's request as liquii damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c ?(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payme he Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, unount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment o tamest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, )arties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by E )r Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to rei iom the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. ;f) "Escrow Agent" (insert name): Dan Rizzo, Attorney At Law VOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrc icensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retail 3amest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release fror .)arties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Brol ui attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Att( nay deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. rHE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE 3ARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EAR rHEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPEI NCURRED 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 counterofi my, 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 transa ;ontemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide wh Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. ) "Due Diligence Fee":'A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to conduct Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Bul losing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or is �ontract is terminated under Paragraph 6(l) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seller ;xpressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as t ,nforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent c )artier to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount o Due Diligence Fee. j) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m October 14, 2013 TIME BEING OF THE ESSE Ath regard to said date. ,k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transa -ontemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents he closing attorney's receipt of all funds necessary to complete such transaction. 1) "Settlement Date": The parties agree that Settlement will take place on October 21, 2013 ;the "Settlement Date"), unless 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, v ncludes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Pro ollowing the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation i Lppropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible fc :losing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance he settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should r mexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, he 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 ch :onstitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State irohibits unlicensed individuals or firms from rendering legal services or advice. Although non-attomey settlement agents ierform limited services in connection with a closing, they may not perform all the acts and services required to complete a cic k closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Cat W Association and the North Carolina Association of REALTORS@ that all buyers should hire an attorney licensed in 1 ,arolina to perform a closing. n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recu ;ovetnmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), eith vhich 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 o Settlement. 'Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is sayable at time of Settlement. WYER'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 he 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 a] ufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide wheth iroceed with or terminate the transaction since the Loan is not a condition of the Contract.) b) Property Investigation: During the Due Diligence Period, Buyer or Buyers agents or representatives, at Buyer's exp, hall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Proper 3uyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyers intended use and whether the any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Sepdc/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage systerr the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or %m 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 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/c 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, Rule: Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Prope subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Associ, And Addendum (Standard Form 2Al2-T) provided by Seller prior to signing this offer. (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 easem setbacks, property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regul, that may affect Buyers 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 Property, and/or any requirement to purchase f insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of roads and utilities including electric, communication services, stormwater management, and means of access to the Property and amenities. :) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Prof :salting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage cal y accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations tspections of the Property. This repair obligation shall survive any termination of this Contract. 1) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise f any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents mtractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of roperty and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termina ereof. ;) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by deliverit eller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon wr xtension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, .ontract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. VARNING: If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Cont rior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS I ►BLIGATED TO GRANT AN EXTENSION. Althought Buyer may continue to investigate the Property following the expiratic to Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligi eriod shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's iiligence. Provided however, following. the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fail taterially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted unde srms of this Contract or North Carolina law. ) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDIT] WLESS PROVISION IS OTHERWISE MADE IN WRITING. '-UYER REPRESENTATIONS: t) Loan: Buyer ❑ does M does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a )an, Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other. loan ] Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of years a initial interest rate not to exceed % per annum (the "Loan"). TOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents uyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to of ocumentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaini ew loan. )) Other Property: Buyer ❑ does 0 does not have to sell or lease other real property in order to qualify for a new loan c amplete purchase. (NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Adden Standard Form 2A2-T) with this offer.) ;) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstance onditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accord nth this Contract, except as may be specifically set forth herein. BUYER OBLIGATIONS: a) Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment informatic )wners' association dues or assessments for payment or proration and any charge made by the owners' association in connection he disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. Buyer iot be responsible for fees incurred by Seller in completing the Owners' Association Disclosure and Addendum For Prop Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T). b) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessrr ;c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by B appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secui )alance of the Purchase Price unpaid at Settlement. SELLER REPRESENTATIONS: ;a) Ownership: Seller represents that Seller: M 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 "Nor he identification of such assessments, if any): none known feller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of assessments, if any): none known 'c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects Q does not su 3uyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory cover :onditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay re assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure kddendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T) shall be complet( feller, at Sellers expense, and must be attached as an addendum to this Contract. ;d) Sewage System Permit: (❑ Applicable %❑ Not Applicable) Seller warrants that the sewage system described ii :mprovement Permit attached hereto has been installed, which representation survives Closing, but makes no further representa as to the system. e) Private Drinldng Water Well Permit: (❑ Applicable ® Not Applicable) Seller warrants that a private drinking water ras been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed fuly 1, 2008, attach Improvement Permit hereto.) SELLER OBLIGATIONS: a) Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective'. ;opies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attol )pinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in attomey'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 re and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's a and attorneys. b) Access to Property/Walk-Through Inspection: Seller shall provide reasonable access to the Property (including wor misting utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buy. )pportunity to conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsib. imely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determir suitability of the Property for a sewage system and/or private drinking water well. ;c) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal pro which is not a part of the purchase and all garbage and debris from the Property. f) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreeme form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performe imished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who 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 1 ud in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or c ising therefrom. ) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall I ;signated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Aj ll deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid tisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall rei )ligated to obtain any such cancellations following Closing. ) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in record irm no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' 1: id free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate surve e Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviol wenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrance -fects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public rigl ay. TOTE: Buyer's failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encumbr - defect that is or would have been revealed be a title examination of the Property or a current and accurate survey shall not rel :ller of any obligation under this subparagraph) TOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Adden standard Form 2A14-T) as an addendum to this Contract.) ;) Deed, Excise Taxes: Seller shall pay for preparation of a deed and all other documents necessary to perform Sel )ligation under this Contract, and for state and county excise taxes required by law. The deed is to be made to: Catherine i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ Lpenses associated with the purchase of the Property, less any portion disapproved by Buyer's lender. toward any of Bu; OTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount po an origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association d c.). ) Payment of Confirmed Special Assessments: Seller shall pay -all Confirmed Special Assessments, if any, provided that nount thereof can be reasonably determined or estimated. ) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. :) Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Staten standard Form 2Al2-T): If applicable, Seller shall provide the completed Owners' Association Disclosure and Addendum roperties Exempt from Residential Property Disclosure Statement 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 aragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failw -each, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to B ie reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedie gal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or 'RORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the dal :ment 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 prof hall be prorated on a calendar year basis; b) Rents: Rents, if any, for the Property; c) Dues: Owners' association regular assessments (dues) and other like charges. :ONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Cor be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasoi and tear excepted. USK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvement roperty are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice deliver( or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance pro( ale on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel exi tnce on the Property until after confirming recordation of the deed. )ELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modific o, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and ab lete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible ti Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement ag within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the partie ierwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -Delaying ] erminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 'OSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing as defined in Paragraph 1(m) lions, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. )THER PROVISIONS AND CONDITIONS: CHECK ALL. STANDARD ADDENDA THAT MAY BE A PART OF I TRACT, IF ANY, AND ATTACH HERETO. I`IMMI7.R ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, kCH HERETO. 'E: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS rINGENCIES TO THIS CONTRACT.) dditional Provisions Addendum (Form 2A11-T) ick-Up Contract Addendum (Form 2A1-T) )ntingent Sale Addendum (Form 2A2-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Owners' Association Disclosure And Addendum For Prope Exempt from Residential Property Disclosure Statement (I 2Al2-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) THER:Exhibit A (Describes Property To Be Purchased), Seller to pay for title search a] .e insurance policy for buyer. Buyer to pay for survey to produce deed description of livided portion to be purchased and furnish copy to seller for approval/file. ►SSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a -ed exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and success( 'AX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection wit] ;yance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchar shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party ;sume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional docum �U. 11 1— -—A to -4— n PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective :ssors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and r ers, as appropriate. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed ;losing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, ke firmed. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no represents ,ements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing d by all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seller or Buy 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. sn notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a p t by sending or transmitting it to any mailing address, e-mail address or fax number set forth in the "Notice Information" se Y. Seller and Buyer agree that the "Notice Information" and "Escrow Acknowledgment" sections below shall not constit rial part ofthis Contract, and that the addition or modification of any information therein shall not constitute a rejection of an creation of a counteroffer. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one an 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 consec Jar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating punt of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required rmed or made. NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND TH,E NORTH CAROLINA BAR ASSOCIATION M IZEPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN. NFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR Y AL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. offer shall b come a binding contract on the Effective Date. Date: �S ice' (SEAL) Seller(, 7i11�� t 41 (-eu )` S (SI Catherlife Kelly Elizabeth Lewis, NC RE Broker Date: (SEAL) Seller Date: (SF (SEAL) Seller (SF NOTICE INFORMATION 'E: INSERT -THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES 1 RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE ] :OVED.) ER NOTICE ADDRESS: SELLER NOTICE ADDRESS: 1gAddress: 320 N New River Drive, Surf City, 28445 •Fax#: (910)328-5277 - E-mail: chris @ topsailarea . com JNG AGENT NOTICE ADDRESS: ,game: NONE ;-as❑ 1?yer'sAgerte❑ ❑ .tgAddress' Mailing Address: Seller Fax#: Seller E-mail: LISTING AGENT NOTICE ADDRESS: Firm Name: NONE fts❑Seiler's Agent ❑Agent deftl -tin, es Designated Beni if ❑ b Age ESCROW ACKNOWLEDGMENT OF INITIAL EARNEST MONEY DEPOSIT rty:marshland, surf city, 28445 Elizabeth Lewis. NC RE Broker :Catherine Kell iw Agent acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accord :he terms hereof. Firm: Dan Rizzo, Attorney At Law By: (Signature) (Print name) f` 42340&% \ 5.20 d a c 3B 'P,'< 1`¢4+� Iro 1:400 4) Orr et OFFICIAL CHECK M16779 THE REPLACEMENT OF THIS DOCUMENT REQUIRES THE COMPLETION OF A BB&T DECLARATION OF LOSS c.�_.i,THI,.r:.�� 500514E jE;TJSEP 5 68-23611 11 1 It i� �.'.:.i��'r COPY NON NEGOTIAE envisi n MORTGAGE CORPORATION C�,(I 6�aado✓/ (? q10, S`fD.S�3S 4 2 6f%V16 �fiv- � {i'ed or- {rsona CW� k- ►mode � P I nX tA d , -7.?n' A f-�ol cl 64- /a u/ 5062902 rC74?44 024 00103 14:18 It OF 5,000.0