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HomeMy WebLinkAbout60601D - AlexanderCAMAS/ DREDGE & FILL No. U ENERAL PERMIT Previous permit # New, , D Modification Complete Reissue Partial Reissue Date previous permit issued riled by th6 State of North Carolina, Department of Environment and Natural Resources Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC %Ze'e" it Name �� Name � X41� Rules attached. Project Location: County 4,1el y A2-9 _P"--7e-1j/%J�l/ C' %. Street Address/ State Road/ Lot #(s) n_,�i' % Stated ZIP '// � - f /� 7�t"/� Mt:4prl- t (ft WY -5"/ Fax # ( ) ~ — Subdivision :ed Agent .00) City_ 1J/ryA ZIP Z� CW itW ?fTA ❑ ES J PTS Phone # River Basin ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body &/2y��_j ��ii�ti/ i (nat ❑ PWS: El FC: yes 19PNA yes /601-11, Crit.Hab. yes no ' � Closest Maj. Wtr. Body 11,7 Project/ Activity `� 11'lh i/"/.r%/fir k) length �- jr 3,Z s) U, k l (O I I-- ' length camber md/ Riprap length_ tvg distance offshore_ nax distance offshore channel ®1 ------------- ubic yards I amp — —� )use/ oatlift 1 Z X / z i— I I — — t^- Bulldozing j F y �: 1 j �X 2 F- - i ne Length— r (Scale: ; not sure yes no gs: not sure yes f� i )rium: n/a yes yes Attached: ® no ling permit may be required by: -72 INh f �a// �i^ �t t�L// �/� �f �,r„�!, ❑ See note on back regarding River Basin / Cnrrial Condition h4, -2/ h !i i7�7�fi /�.//s✓� ��✓�� i i i'. Ht-'k!-1=#-c'{�YLI P1ti:�c' FC�Urn: Tn :1� 4?5Ei363f�2 P. I t North C ardina Department tat Environment wd Natuml Resources wsiert of CmW Management eavoO Eaves Perdue James H. Gmgwn GOvarnor Olmdor D. 1 ate; Qwaw Applying fox Permit L149 41 ()wrer`s Malang Address /VG Name of AuthodXod NOW for this z d Agent's Maging Addreas' Phone Number i cnr6ly that 1 have at'llhofted tho agent listed above to act on my beha►f, Ox the purpose of for, and obtaining at C M A Pa OdW (my property bcsied) ig This certffication y owner Signature 4r CQMS"thO {OtlOW% (aC4Mtyl: W Data Dw Freeman secretary rl- DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION & WAIVER FOF Name of individual applying for permit zept-/o Address of property I hereby certify that I own property adjacent to the above referenced property. 1 individual applying for this permit has described to me as shown on the attach( drawing the development they are proposing. A description or drawing, with dimensions should be provided with this letter of notification. Please initial below if you have no objections. /(���,�;� �%Y�Jr';� I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Co; Management, 127 Cardinal Drive Extension, Wilmington, N. C. 28405 or call 9" 395-3 within 10 days of receipt of this notice. No response is considered tt ,7q1 .dlY same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater,boat house,lift or sandbags must be set back a minimum 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. �00— I DO NOT wish to waive the 15' setback requirement. Signature & Date SUN 1 8 20112 ULATED 15Y COMPUTER 5 PLOTTEDFROM THE 5TANDARD5 CIF rURE, UCEN5URE , CURVE TABLE CURVE ARC DELTA TANGENT RADIUS CH.BEARING CHORD C ; 36.15 138° 1 1'23° 39.27 15.00 N35-0941'E 1 28.03 C2 36. 16 138° 1 1'23" 39.27 15.00 576°49' 19W 28.03 _LINE TABLE LINE BEARING LENGHT L! 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Isa RECEIV C WILMINGTO Itp - 7 �/1 ' !!,INS 1 g 26 i� -4.8 I x ,DOCK -4.7 X / �A1��O -AR DIVA( r' �"' ` , t , f TO PACT" l 1 1. .�iPAIa 1 tioly f -' ' x �„ 'X' CUT IN X o - I p1.00K WALL OFFER TO PURCHASE AND CONTRACT - VACANT LOTH AND [Consult "Guidelines" (form 12G) for guidance in completing this form) )TE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not mediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been pla perly 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 construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construe ,rm 300-T) or, if the construction is completed, use the Offer to Purchasi"and C tract (Form 2-T) with the New Construe 3endutn (Form 2A3-T). 7 valuable consideration, the receipt and legal sufficiency of w i .h Q eptance agrees to sell and convey the Property on the SeETrtfi and con( nodification made in accordance with its terms (togetites-thc"Contrac TERMS AND DEFINITIONS: The to stud below shall have t. �d iwf (a) "Seller o ttknowledged, Buyer offers to purchase and Seller u this Offer To Purchase and Contract and any addens (b) "Buyer": Robert A Alexander ng given them as set forth adjacent to c ic) "Prope rty": aced thereThe roperty n shall include all that real estate described below together with all appurtenances thereto including Street Address: Trent Court City: Wrightsville Beach Zip: 28480 ounty: New Hanover , No r[h Carolina 'NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown.) regal Description: (Complete ALL applicable) 'lat Reference: Lot/Unit 13 , Block/Section Dev. 1 , Subdivision/Condominium Shore Acres , as shown on Plat Book/Slide at Page(s) e PIN/PID or other identification number of the Property is: R06307-011-009-000 Aher description: Lot 13 Shore Acres Development 1 some or all of the Property may d) "Purchase Price": 73b at Page 746 $ 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 name in Paragraph 1(f) ® with this offer OR ❑ delivered within five (5) days of ti Effective Date of this Contract by ❑ cash ® personal check ❑ official bank chec S ❑ wire transfer. BY (ADDITIONAL) EARNEST MONTY DEPOSIT made payable to Escrow Age, named in Paragraph 1(0 by cash or immediately available funds such as official ban check or wire transfer to be delivered to Escrow Agent no later tha regard to said date. TLWE BEING OF THE ESSENCE wit S BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on th existing loan(s) secured by a deed of trust on the Property in accordance with the attache Loan Assumption Addendum (Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendur $ (Standard Form 2A5-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be pail with the proceeds of a new loan). hould Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should an leek or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is dan the one (1) banking day after written notice to deliver good funds to the payee. In the event Buyer does not timely deliver rawn, Buyer sha rods, Seller shall have the right to terminate this Contract upon written notice to Buyer. i (e) "Earnest :Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other em monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be depo, and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is other temiinated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Eat Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shal refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. Ir event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller upon Seller's request as liquid. damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that paymen the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, s amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, t parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Bt or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recc from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): Hardee Hunt and Williams NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorr may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE Tl EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARN] THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSI 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 counteroffer, wry, 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 transacti, ontemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide wheth tuyer, in Buyer's sole Acretion, will Woceed with or terminate the transaction. f_ 2 i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to conduct DI >iligence during the Due Diligence Period It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer 'losing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if th Iontract is terminated under Paragraph 6(1) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seller ea( Kpressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to d nforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of tl artres to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of at sue Diligence Fee. "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. c 60 days from the zffeetive Date. TIME BEING OF TFIE ESSENCE with regard to said dat, :) "Settlement": The proper execution and delivery to the settlement agent of all documents necessary to complete the transactio mtemplated by this Contract. including the deed, settlement statement, deed of trust and other loan or conveyance documents, an e settlement agent's receipt of all funds necessary to complete such transaction, s� I "Settlement Date": The parties agree that Settlement Aril] take place on 75 days from t the "Settlement Date"' Hess otherwise agreed in writing, at a time and place designated by Buyer. RECE(VF;F3 (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Bu Closing includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to Property following the Settlement; (3) the settlement agent's receipt of authorization to disburse all necessary funds; and recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasoru possible for the settlement agent after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the settlement ages accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the update should reveal unexpected liens, encumbrances or other title defects, or if the settlement agent is not authorized to disburse necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay Settlement/Closing). (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurrn governmental service fees levided with such taxes, or by an owners' association in addition to any regular assessment (dues), eit 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 pi to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is fu payable at time of Settlement. 3L'YER'S DUE D.II,IGENCE PROCESS: a) Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval 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 allo, efficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether proceed with or terminate the transaction since the Loan is not a condition of the Contract.) h) Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expen: hall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property luyer 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 al whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer intended use. (ii) Sepdc/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (' the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability ar expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or write 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) tl costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) d availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (g 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 an Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Associano Disclosure 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 easement 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 regulatio that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, an school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase floc insurance in order to obtain the Loan. i Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Propert; ;ulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage cause( accepted practices applicable to any N.C. licensed professional verforminH reasonable appraisals_ tests_ surveys examinnt;nne ani (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termina hereof (e) Buyer's Right to Terminate: Buyer shall have the right to ternunate this Contract for any reason or no reason, by deliveriA Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon wri extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. WARNING: If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contr prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS N OBLIGATED TO GRANT AN EXTENSION. Althought Buyer may continue to investigate the Property following the expiratioi the Due Diligence Period, Buyers failure to deliver a Termination Notice to Seller prior to the expiration of the Due Dilige Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyers L Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Sellers fails materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under terns of this Contract or North Carolina law. 1) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CON )M( : NLESS PROVISION IS OTHERWISE MADE IN WRITING. 1UYER REPRESENTATIONS: a) Loan: Buyer ❑ does ® does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a ne pan.. Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other: loan a 3 Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of year(s), n 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 th Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to obta ocumentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining ew loan. s) Other Property. Buyer ❑ does ® does not have to sell or lease other real property in order to qualify for a new loan or i )mplete purchase. (NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendui ;tattdard Form 2A2-T) with this offer.) ) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances c mditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordanc ith this Contract, except as may be specifically set forth herein. DYER OBLIGATIONS: ) Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment information o: vners' association dues or assessments for payment or proration and any charge made by the owners' association in connection wit disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. Buyer shal t be responsible for fees incurred by Seller in completing the Owners' Association Disclosure and Addendum For Propertie tempt from Residential Property Disclosure Statement (Standard Form 2A 12-T). i Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessment Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer praisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure th lance of the Purchase Price unpaid at Settlement. _LLER REPRESENTATIONS: R F (— 1= 1wr:7 n has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None' the identification of such assessments, if any): None Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of st assessments, if any): None (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects 0 does not subj, Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory eovenar conditions and restrictions upou the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regu assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure a Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T) shall be completed Seller, at Seller's expense, and must be attached as an addendum to this Contract. 4) Sewage System Permit: (❑ Applicable ® Not Applicable) Seller warrants that the sewage system described in t lnprovement Permit attached hereto has been installed, which representation survives Closing, but makes no further representatio is to the system. e) Private Drinking Water Well Permit: (❑ Applicable M Not Applicable) Seller warrants that a private drinking water we as been installed, which representation survives Closing, but makes no further representations as to the well. (if well installed aft my 1, 2008, attach Improvement Permit hereto. ELLER OBLIGATIONS: t) Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Dat )pies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney pinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. Seller authorize ) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file I uyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose a aterials 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/Walls-Through Inspection: Seller shall provide reasonable access to the Property (including working :isting utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer a rpotiunity to conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsible fe nely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine th itability of the Property for 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 propertrt Lich is not a part of the purchase and all garbage and debris from the Property. 1 Affidavit and Indemnification Agreement: Seller shall fitrnish at Settlement an affidavit and indemnification agreement it -rn satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed o. -Wished labor, services, materials or rental equipment as described in N.C.G.S. §44A-8 to the Property within 120 days prior to the to of Settlement verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s, d Buyer's title insurer against all loss from any cause or claim arising therefrom. Payment and Satisfaction of Liens: All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property t assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtainer lowing Closing. Seller shall remain obligated to obtain any such cancellations following Closing. Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property at Settlement urd ierwise stated herein, which shall convey fee simple marketable and insurable title, free of all encumbrances and defects whir uld be revealed by a current and accurate survey of the Property; except: ad valorem taxes for the current year (prorated throug date of Settlement); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property 1 such other encumbrances as may be assumed or specifically approved by Buyer in writing. The Property must have legal asses a public right of way. NOTE: Buyer's failure to terminate this Contract prior to the expiration of the Due Diligence Period as ult of anv Pnrnmhrsnna — A. Fnt A,.,t - -- --I A I-- I.--- - .. 1-.J L_. - ...1 NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addenc (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 accessary to perform Sell obligations under this Contract, and for state and county excise taxes required by law. The deed is to be made to: Robert A. Alexander (h) Agreement to Pay Bayer Expenses: Seller shall pay at Settlement S see addendum. toward any of Buy expenses associated with the purchase of the Property, less any portion disapproved by Buyer's lender. NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount poi! loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dt etc.). (i) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that 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) Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statem( (Standard Form 2Al2-T): If applicable, Seller shall provide the completed Owners' Association Disclosure and Addendum F Properties Exempt from Residential Property Disclosure Statement to Buyer on or before the Effective Date, 1) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Sellers obligations under tl paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure >reach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Bu) he reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. egal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or t easonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding sh; ie entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with d roceeding. 'RORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date ment and either adjusted between the parties or paid at Settlement: t) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real proper WI 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: Buyer's obligation to complete the transaction contemplated by this Contra >e contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonab', uid 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 o operty are destroyed or materially damaged prior to Closing. Buyer may terminate this Contract by written notice delivered t or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer doe -lect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceed e on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existin ice 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 modificatioi i, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in goo, nd with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able ti ;te Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to th relaying Party and settlement agent and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement anc g within fourteen (14) days of the Settlement Date, or to further extend the Settlement Date by written agreement, then the ng Parry shall be in breach and the Non -Delaying Party may terminate this Contract and shall be entitled to enforce any remedie: de to such party under this Contract for the breach. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing as defined in Paragraph 1(m). nations, excavations, tree or vegetation 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 T NTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, A TACH HERETO. TE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS VTINGENCIES TO THIS CONTRACT. kdditional Provisions Addendum (Form 2AI I-T) 3ack-Up Contract Addendum (Form 2A I -T) 'ontingent Sale Addendum (Form 2A2-T) )7HER' See Addsndum . Loan Assumption Addendum (Form 2A6-T) ❑ Owners' Association Disclosure And Addendum For Proper Exempt from Residential Property Disclosure Statement (F< 2A 12-T ) Seller Financing Addendum (Form 2A5- f) ❑ Short Sale Addendum (Form 2A14-T) ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a t; Ted exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. ['AX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with i -yance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchangi shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party A ssume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documer lino assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effi s provision. 'ARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective hei ssors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neui ;rs. as appropriate. URVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed afl losing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept coed. 'NTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representatior -ments or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing ai I by all parties. Nothing contained herein shall alter any agreement between a REALTORV or broker and Seller or Buyer ned in any listing agreement, buyer agency agreement, or any other agency agreement between them. OTICE: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. At i notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a part) by sending or ttansmitting it to any mailing address, e-mail address or fax number set forth in the "Notice Information" sectic . Seller and Buyer agree that the "Notice Information" and "Escrow Acknowledgment" sections below shall not constitute al part of this Contract. and that the addition or modification of any information therein shall not constitute a rejection of an off, creation of a counteroffer. RECEIVE[ DCM WILMINGTON, NC EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and ae 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 connect :ndar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating d count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required ti formed or made. E NORTH CAROLINA ASSOCIATION OF REALTORS0, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MP REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF 'PHIS DORM IN A 'CIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YC 'AL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. offer shall become a b' mg contract on the Effe tive Date. Date: ��.— •— (/ er Sell (SF. Rober Ale3kander 4 state .YfE l �th. O'Quinn ;r Date: (SEAL) Seller _ (SEA Date: (SEAL) Seller (SEA RECEIVrzo IMM WILMINGTON, NO 111NI I P Wll� NOTICE INFORNIATIO` )TE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES f E RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE N :'ROVED.) YER NOTICE ADDRESS: ling Address: n/a, , er Fax#: er E-mail ,LING AGENT NOTICE ADDRESS: iName: Hardee Hunt and Williams ng as❑ Buyer's Agent❑ Sellers (sub) Agent(@Dual Agent ing Address: P • O • Box 1342, Wrightsville Beach, 28480 •idual Selling Agent: James M. Hardee .cting as a Designated Dual Agent (check only if applicable) ise #: 126105 ig Agent Phone#: (910)620-9329 ig Agent Far#: (910) 256-2497 tg Agent E-mail: hardeeehardeehuntandwiiiiams.com SELLER NOTICE ADDRESS: Mailing Address: n/a, Seller Fax#: Seller E-mail: LISTING AGENT NOTICE ADDRESS: Firm Name: Hardee Hunt and Williams Acting as Seller's Agent QD Dual Agent Mailing Address: P.O. Box 1342, Wrightsville Beach, NC 28480 Individual Listing Agent: Randall J. Williams Acting as a Designated Dual Agent (check only if applicabi License #: 78537 Listing Agent Phone#: (910) 520-1613 Listing Agent Fax#: _(910) 256-24 97 Listing Agent E-mail: williams9hardeahuntandwilliam®.com ESCROW ACKNOWLEDGMENT OF INITIAL EARNEST MONEY DEPOSIT tw Agent acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordan the terms hereof. April 12, 2012 Firm: 1 'Hardee Hunt arva Wil isms By: (Print name) COMPLETE•N COMPLETE THIS SECTIONON DELIVERY to items 1, 2, and 3. Also complete A Signature 'Restricted Delivery is desired. ❑ went X ur name and address on the reverse addressee NG can return the Card to you. his card to the back of the mailpiece, g, R eived (Printed Name) C. Date of De ivery e front if space permits. idressed to: / D. Is delivery address different from Item 1? ❑ Yes If YES, an er delivery a dress below: No ��% 3. Se ceType RECEIVED /v)".✓/�n11� Certified Mail ❑Express Mail DCM WILMINGTON, NC / ❑ Registered ❑ Return Receipt for Merchandise 0 Insured 13 2M Mail C.O.D. 1 8 icant:0 Permit #: 6�vo / :vibe below the HABITAT disturbances for the application. All values should match the name, and units of measurement d in your Habitat code sheet. DISTURB TYPE ''at Name 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 ❑ Otheree 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 ❑