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HomeMy WebLinkAbout50176D - Smith�i CAMA / ❑ DREDGE & FILL 3ENERAL PERMIT Previous permit# ]New JModification ❑Complete Reissue ❑Partial Reissue Date previous permit issued >rized by the State of North Carolina, Department of Environment and Natural Resources Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC les attached. it Name Project Location: County--1V V r1 —'-W i C1 L- YV1 Street Address/+SJtate Road/ Lot #(s) Stat4Z ziP 2:�5 zo ti (1 A Svi �dN) 4411 " G,63 Fax # ( ) Subdivision ``' i�'u11) City — El zed Agent �(�ir�i�ti� � ��.%r ((L`7 � +�- uGi:l Ci ZIP 2�S`�(c i ❑ CW E EW ❑ PTA ES I PTS Phone # (q I U) River Basin U YN OEA E HHF — IH _ UBA N/A Adj. Wtr. Body A i'yU Lat , ❑ PWS: FC: yes f no PNA yes / no Crit.Hab. yes / no Closest Maj. Wtr. Body A if Project/ Activity Eck) length n(s) pier(s) ength umber ad/ Riprap length ig distance offshore iax distance offshore :hannel ibic yards mp use/ Boatlift X' 3ulldozing ne Length ✓ 1 ' 1 b ' ; 14 not sure yes en, gs: not sure yes rium: (I—n/a' no es no Attach yes no ling permit may be required by: -Li I t,ls ; n (Scale: t ":-� -) (kul C W ❑ See note on back regarding River Basin Varnam's Docks & Bulkheads 1574 Monsterbuck Estates Supply, NC 28462 Owner- Sammy Vamam Offlce- 910-755-6861 Cell- 910-443-4245 Fax- 910-755-6861 1773 VJ'Pa.je P4. ed. SW 14 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION[WAIVER FORM Name of Individual Applying For Permit: Si'Y� Address of Property: 71.3 V i 1 j0 6 e P4- 14 Sty (Lot or Street #, Sifeet or Road) <ha 116-*e 4 NC (City and County) I hereby certify that I own property adjacent to the above -referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 23405 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set bck a minimum distance of 15' from my area of riparian access - unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. oJQ' JAI Si _ ame ate � o�►n � ot��rn'� Print Name g10--754-b353 (Set docka 2 aka 31�h-2 � looms � �a+k.. Print Page 1 of Subject: Re: 1773 Village Pt. From: John Watkins aowatkins@atmc.net) To: varnamsdocksandbulkheads@yahoo.com; Date: Tuesday, March 20, 2012 1:03 PM Ne will allow the 32 inch variance to the 15 ft. setback to Mr. Smith for the purpose of Building a dock at 1773 Village Pt. John & Amy Watkins 3n 3/20/12 8:32 AM, "Sammy Varnam" <varnamsdocksandbulkheads@yahoo.com> wrote Sammy Varnam 1574 MonsterBuck Estates Supply, North Carolina 28462 910-443-4245 ---- Forwarded Message — From: Sammy Varnam <varnamsdocksandbulkheads@yahoo.com> To: "dadclark@windstream.net" <dadclark@windstream.net>; "watamy@atmc.net" <watamy@atmc.net> Sent: Monday, March 12, 2012 8:43 PM Subject: 1773 Village Pt. Attached is the survey for a pier at 1773 Village Pt.located at Shallotte Pt. Mr. Smith has only 39.4ft. of shoreline. He has to stay 15 ft. away from adjacent property owners unless they choose to give him a waiver. He needs 32 inches of variance in order to avoid modifying the lift which is very complicated to do. He wants me to proceed with his permit and build the pier. I would hope that you would reconsider your option and provide Mr. Smith some relief. The waiver would not cause any damage or adverse effect to your property. Please consider this and let me know what you decide. Sammy Varnam 1574 MonsterBuck Estates Supply, North Carolina 28462 n1 /1 A A n An A Print Page 1 of Subject: Fw: Shallotte -1773 Village Point Rd. From: Bill (dadclark@windstream.net) To: varnamsdocksandbulkheads@yahoo.com; Date: Friday, March 16, 2012 9:10 AM ----- Original Message From: Bill Cc: matt Clark; MICHAEL CLARK (ATL) Sent: Thursday, March 15, 2012 5:39 PM Subject: Shallotte -1773 Village Point Rd. Sammy - After due consideration among all family members involved in the ownership of 1769 Village Point Rd., Ne have determined after receipt of your e-mail (incl plats) for the following reason we do not wish to grant any Riparian Waivers to the adjacent property. This determination was made without input from Ms. Snider who was unavailable to take our conference call and subsequently, did not return our call as we request via her voice mail Reason 1 - the unawareness of all parties to the history associated with the four properties beginning with what i; iow 1765 (Sammy Thomasson's current home) which was formally the Pittard house, our current property which ias been in my wife's family since 1930, the adjacent house formerly the Moss house (1773 and the property nog )wned by the Watkins which was formally owned by the Moss'. An enormous (in the 70's) amount of money via egal fees were expended against a quick claim deed brought by Dawrt Tripp which was unsuccessful resulting it hose properties in question being properly deeded and recorded by the State of North Carolina. For that reason ve wish to keep clear of any complications even and including riparian waivers. Reason 2 - your e-mail seemed to imply that Mr. Smith has made the determination to proceed with the purchase A 1733. A fact that we welcome and are looking forward to this matter being resolved and we look forward to a :onjenial relationship with the Smith's. Reason 3 - your e-mail implied that you could modify the lift design to accommodate Mr. Smith's need without vaiver. one of my sons, Matt, has indicated that he would be amenable to discussing a community dock arrangement if hat is something Mr. Smith would like to explore. His phone number is (404) 840-6365. 3ill Clark DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit:SIY'11-�V1 Address of Property: I '773 Ali P-f- 18 SW (Lot or Street #, S et or Road) Shallode 4 NC (City and County) I hereby certify that I own property adjacent to the above -referenced property. The individ applying for this permit has described to me as shown on the attached drawing the development t] are proposing. A description or drawing, with dimensions, should be provided with this letter. l'/ C I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coas Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-35 within 10 days of receipt of this notice. No response is considered the same as no objectiol you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be bck a minimum distance of 15' from my area of riparian access - unless waived by me. (If y wish to waive the setback, you must initial the appropriate blank below.) C'� 1� Sign Name '%r-/sr-i,,vz- / I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. RECEIVE[ DCM WILMINGTON FEB 0 8 26M 4 / ` aloe ;Zl Date JODI HOLTZ l �� NOTARY PUI -p!l9v-f--L em, -el xv! ;?FCEIVED FEB 14 2012 OVGTON, NC not --)-I le re (JI North Carolina Deoartrnimt of Environment and Matui al Resources Division of Coastaf Manaqemen! ni,.Ote! F. „;mfey, Wie(. Charles S. .'ones, Director G, i'4r3s Autticirized Agent Consent Aareems;�, V is hereby authorised 4o act ^n my be". -If 'o ;�-der to obf'a°n any CAMA p;w-nK(s) required for the oroperty listed ~jebow. The authorization is ImIted �,c .;0,3c!'fic activities described in the attached ske4;--< OCA I,ON OF PROJECT: OWNER MAILING ADDRESS: 14A Rty t e-oIu7-&tJQe--'C (A,ftYLOA) �,LJC- - -Z74-20 PHONE NO AUT1+0RIZED AGENT MAILING ADDRESS: PHOWEN0. `)ifralure ci Prot)Wtv Owner.- iignalwe of Authorized Ageni: q/4p-4S---? 37 OFFER TO PURCHASE AIND CONTRACT (Cunsuit "Guidcli=" (Standard Form 2(i) for guidance in completing this Forttt) For valuable consideration, the receipt and legal sui3icierny of which are hereby at kno led; cd, Buyer offer. to purchase and Sel acceptance ugrans to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and anv ad or to-xitfl.cation made in accordant.-e with its tern. (together the "Contract"). 1. TERMS AND DEF1NMONS: The terms listed below shall have the respective mtzning Risen them as set forth adiacenl throe. (rot) "Seller": Sarah M. Pratt , George Pratt thl "Buyer": Bar (c) "Property": Ten Property shall include all that clad estate described below Wgether with all appurtenances thereto inclu impruvemcnts kx atcd therevo and the fmuturvs and personal prolxrty listed in Patagraph., 2 and 3 below. Street Addles: 1173 Vlllaae Point Rd SE' City: Shallotte, _ 7ip: 289?0 County: Bnsyriick . *,ort Sit? 1ItH rC`. NOTE: Ciaverrunentrtl autimoritr: over tare~, -i mmng. ,chool t!i;triit.-;_ ult'it:cs and mail delivery may differ from addmres ahovA Legal Description: (Complete ALL applicable) Plat Refercrmce: Lot -'Unit 1 Wt , Block/Sc ction n [a Subdiv'isicarCorxlorniniu : n i a as shown on Plat Buck'Stitic nIa 33Lci : n fix Ytti'1`it7 or other identification number of the Pntpurty is. 23BOA025 Chher description: n/a Some or all of the Prop" may be described in Deed Bm* 2329 at Puge (d) "Purchase Price": E S S paid in U.S. Dollars upon the following tams: BY DUE I)IIJ(;ElNCT• IEE made payable to Seiler by the Effective Date. BY INITIAI. FARNEST MONEY DEPOSIT omadc payable to Escrow Agen in Paragraph 1(1) Ij Kith this offer OR Q deli vered within five (5) days Eff&-tivc Dete of ihis_ Ctrnttact by 0 cash L] personal check ❑ official ban ❑ wire trarufer. BY (ADDITIONAL) EARNEST MONEY DEPOSIT rude payohl. to Escry named in f'arau.mplm I(f) by cash or immediately available tundc such as ofTtr check or wi:r tr:msfer to be delivered to Escrow Agent no lal TIME BEI:YG OF THE ESSEN rt.M..ard to said dame. b BY ASSUMPTION of the unpaid principal balance and all obligations of ScR cm ming ltwnit•l sec:urod by a deed of trued on the Prupc-rty in accordance with the Loan Ativtrnpuon Addcodum, (Standard Farm 2A6-T) 5 BY ISLI-LER FINANCING in accordancv with ilmc attached Seller Financing Ai (Standard Forrn 2A5-Ti. $ BY BUILDING DEPOSIT in accordance with the attached New Construction A ( Standard Form 2A3-T ). $ * " BALANCE of the Purrhasc Price in cash at Settlement (some at all of which ma with the proceeds of a new loan). Should Buyer tail 1t) deliver either the Due Diiigvncc Fce or any Initial Earnest Money Deposit by their due dolt., or ,h check or other funds paid by Buyer be di_shtmtucd. for any reason, by the institution upon which the payment is drxvm. Bt have one ( t t banking day after written notice to deliver goad funds to the payee. In the: event Buyer doer not timely deli funds. Scher shalt have the rigbi to terminate this Contract upon written notice to Buyer. &Ipm-% Deposit shall be refunded to Miyu. In the event of breach of this Contract Thy S-01cr, the Earnest Money Ihpnsit retiutded to Buyer upon Buyer's request, but such return shall not affect any other n:tnrdics available to Buyer for such breac event of breach of this Contract by limy[. the 6arncst Money DTosit shall be fALid to Seller upon Sclices [::guest as h damages and as Sclh:r's sale and cxclusrv: ray for such breach, bur without limitia- Scl)ers rights under Pwagrapbs 4(e) for damage to the Pr lxrty or Selites right to retain the Due Diiiyernc Fec, it is a cknowlie ged by the panics that paymc Earnest Nlunq Deposit to Stiller in the event of a breach of this Contract by Buyer is compconsalory dud not punitive, suel; being a reasonable estimation of the actual loss that Seiler would incur as a remit of such breach. The payment of the Erma lklxrsit to Setter shall not constitute a penalty or forfeiture but actual compeasaihoa for Seller's anticipated kiss, boll ackiwwic.(Sing the difficulty determining Seller's actual damages for such bmch. if legal lvv x—cduWs are brtcuLbt by I Seger a_3in;t the other to recover the Earnest'Mlowy 17cpusit, the prrtiailinE part} in the p:occed:ng -;hall be cntutcu to reco the non -prevailing party reasonable attorney fees and court casts incurred in connec lion a irlh the proceeding. (f) "Escrow Agent" (insert narrit): Prudential Laney Real 8state NOTE: In the n,ent of a dispute between Sella snd Buyer over the disposition of the Earnest Moncy Deposit held in r. licensed real estate booker ("Bra ker" l is cr quired by state law (arid Escrow Agent, if not a Broker, hereby agrees) to n Earnest h4tutcy Deposit in the Escrow !:gent': trust or escrow account until Esernnw Agent has obtained a written rcicase I parlics conscruog to its disposition or until disbursement is ordered by a court of cornpt-tent itimidicthon. Alternatively, if e I htclding the Earnest Money Deposit, the Broker may deposit the disputed monies with the appropriate clerk of court in act with the provisions of N.C_G.S. §43A-12. THE PARTIES AGREE TliAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLA( EARNFST MONEY DEPOSTC IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST E. THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF TILE EXl INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITI(. (g) "Etfeedve Date": The elate that: (I) the last me (if Buyer and Seiler has signed or initialed this offer or the final counte any, and (2) such signing or initialing is communicated to the party making the offer or counicroffer, as Ibe case may be. (h) "Due Diligence Buyer's uppununity during tlx: Due Diligence Period to fmc,,Iigarc the Propem and the trd cunietnpiat.esl by this Contract. tra:tuding but not ncccasanly limited to the mattm de%cviWd in Paragraph 4 below. to decide Buyer, m Hoye[, Yule discretion, will proceed with :w trtminaic the transaction. (i 1 "Due Diligence Fee": A negotiated amount, if any. paid by Buyer to Seller with this Contract for Buvices right to cond Diligence daring the Diu Diligence Period. It shalt he the prolwily of Sella upon the Effective Date mid shall be a credit to Utising_ The Due Diligence Fee shall be non-cfundable except at the event of a material breach of this Contract by Seller. Contract ir, tenninated under Purasrraph R(m) or Paragraph 12, or as otherwise provided in any addendum hereto. iiuyer ar each expressly waive tiny right that they may have to dcov the right to conduct Due Ditigciwc or to assert any delemc t cnilorteaWiq of this Contract based on the absence or alleged insufftcicmey of any Do: Ditigumx Fee, it being the inter Parkes to create a legally binding contract for the purchase and sale of the Property without regard to the existcnec or amour Diu Diligence Fee. 0) "Due Diligence Period": The lvriuti beginning on the Effective Date and ctit nding through 5:00 F February 25 , 2012 TtME BEMV OF 7WE E.VVE;VC1. with regmd to sa (k) "Settinnent": The proper ertectttion and cit:liccry to the settlement agent of all documents necessary to complete the tra cootem plated by this Contrncl, including the deed. rcitlement statement, deed of trust and other loan or cunvLyance docurtx the %cititaucnt agent's reocipt -if all fuuds nw-essoty to complete such transacticm. (1) "Settlement Date": The parties agree that Settlenxmt will take place on Harch2 , 2012 (the "Settlemcrr unless otherwise agreed in writing. at a time and place designated by Buyer. (no "Closing": The legal process which results in the tratxsfcr of title to the Prop,.;oy from Seller to Buyer. Ctusing inct followin, .tors: (1) the Setrlement ((Ictlncd shove); (2) the compictinn of a %atislacloni title ufldaic to the Pr� folloh LmE! 6jeaH mo-wromm" WWI, uft;m — 'Pftw wm - w -j aML vCo tieo SO solo Ada yW Pww%w++d 5`BgiUI -QTla's 0 [ .To Z aire'l % - sjepcui -wknq i sn saaurigiunnun 'suall vat3adyi m rmAw mn(mc am,xfn_-- defects. or if the settlement agent is not autfiorizod to disburse all mressary funds. then the Closing shall be suspe+ Stakyount docmcd deiayud under Paragraph 13 (Detev in SettlemenuClosing). (n) "Special Assessments": A 0hargc against the Property by a govu-nunental awhorily in addition to ad valore rccurTtrrc: gaverunwrital service fees Icv led With such tones, or by an owners' association in adclilior to any re -whir wrws! either ot'v,ivich may be alien sgsinet thv: P'rijKmt . A Sp�xiat Av e�,ttxxit tnay bl . ithcr prutwsui or 4uniirineu. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been al to Settlement. "Confirmed Special Assessment": A Slwcial A,%cssment that has been approved prior to Settlement whether or r payable at time of Settiernent. 2. FIXTURES: The following items, if any, art deemed fixtures and are included in the Purchase Price fr r�tuEc,'st.�> c°oven. any built-in appliances, light imiures. ceiling fans, attached floor euti t,:nngs. blinds, shades, ciralx:ry rid text:. brwkcts and all related hardware, wintknv and door scrucm, storm windows. couibinahun doors, awnings. antennas, sa and receivers. burglar,'FiWsmokeicarbon mUnoxide`atarins, pool and spa equiprin nt, solar energy sy.icrns, altachcil ftreplace logs, fireplace inserts, electric garage door openers with controls, ouidour pianis and trees (other than in movable container goals, storage sheds, mailbo ec,. attached wall andfor don mirrors, fuel tanks) whether attached or buried and including M as of Settlement, landscape andAu foundation tigluting. invisible fencing inc.-tuding all related equipment, lawn irrigation sy related equipment_ water softenerfcondititma and fiitcr equipment end any other rictus attached or affixed to the Property. following its rns which am leased or not owned by Seller or which Seller does not intend to convey: None Seiler sh di repair any damage cau:rd by removal of any it.rti, LW%Tte:, above, 3. PERSONAL PROPERTY: The following personal property shall be transferred to Buyer at no value at Closing: A11 Mwliances and furaiabod Sp shorn (!TOTE: Buyer is advised to consult with Buyers lender to assure that the Personal Property items listed above can be ini Contract.) 4 BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During the Dare Diligence Perio(. Buyer, at Buyer's expense, shrill be entitled to pursue quaiificalion for t& the Loan if any. VOTE: Buyer is advised to consult with Buyes lender prior to signing this offer to assure: that the Due Diligence sufficient time for the appraisal to be conipktrtl and for Buyers lender to provide Buyer sufficient info mation to deci pre ved with or terminate the transaction via,e- the Loan is not a condition ofth,; Contract. (h) Property investigation: Ihrring the Due Diligence Period, buyer or Buyers agents or ►epresentatives, at Bud shall be tmvitlud to conduct all desired tests, survvys, appraiser. investigation_& examinations and inspections of th Buyer deems appropriate. including but NOT limited to the folluwing: m Inspections: Inspections to deterrine the condition of an% imprint. -relents on the Properiv. the present dratnngc conditions or evidence of excessive moistum tadvursely aft ,etinQ any improvements on die Piopcny. th as1)Qos or existing environttrental contamination. evidence of wood -destroying insects or darnage dwTe;r,orn, and and level of radon gas on the Property. (ii) Revlrr:w of IDocummis: Review of the Declaration of Restrictive Covenants. Bylaws, Articles of incorporati Regulations, and other governing documents of any applicable owmcre association and/or :subdivision. If the Pmp to regulation by an owners' usstwiatrun, it is recornmt:nded that Buyer review the completed Owners' Aisocuiti And Addcnelum (Standard Form 2Al2-T) provided by Seiler prior to signing this offer. (iii) Insurance: Investigation of the avattabdity and cast of insurance fix the Pmperty. (iv) Appralsals: Au appraissal efthc Pmperty. tv) Survev: A survey to determine whether the property is suitable for Buyer's intmdd use and the location --- --. � _.�---_—•--- --�- -'- --�. � �.�...,....,.,....;.......; A.. .a..rL..-ram (vii) Flood Hazard: Investigation of potential flood hazards on the Pmperty, andlor any requiremem to purchase f murance in order to obtain the Loan. (c) Repairflimprovement NegetiafiooslAgreement. The partici; acknowledge and understand that ihvy may. but an: not "t to. engage in negotiations for repairsiimprovements to the Property. Buyer is adci_sed. to make any repair"iniprovenieut reques suflicicni time to allow re:pairiimprovement negotiations to be vomluded prior to the expiraio of the Due 1)ibecr c Period. agTiceunent that the parties may re" with respect to repair%hrMxovcm;ents shall be c.,nsidcr%;d an obligation of the parties and i ziddition to this Contraxt and as such, must he in writing and signed by the parties in accordance with Paragraph 20. NOTE: Soc Paragraph Rb) Aext'-,:s to PropertyiWalk:-Thmugh Inspection and Paragraph 8(l) Negotiated Rcpaits•'tmprovements tit) Buffer's Obligation to Repair Damage: Buyer shall, at Buyers cxNit c, pn ropily repair any dart;tge to the Property resit from am, activities of Buyer and Buyes agents and contractors. but Buyer shall not be resfxm:ibli (•r any dnmapc cause ackXpirej practices either approved ity the N.C. }tome Inspector Licensor: Board or applicablt: to any other N.C. lice, prmessir;nal performing reasonable appraisals. tests, surveys, examinations and inspections of the Property. This repair ohlig: shall survive any termination of this Contract. (e) Indemaiw buyer will indemnify and hold Scllcr harmless from all loss, damage, claims, suit; or costs, which shall arise w any contract, agrCoricrtt, or injury to any parson or property as a result of ariy activities of Buyer and Bayei's agents and contrai r<<lanrg to the Prc>perty except for any fuss. damage. claim, suit or cost etrixang out of prc-cxi4tang c,)nditions of the Property ar Mn of senses ne;-lir-ence or willful acts or omissions. This indemnity shall >urvivc this Contract and any termination hereof_ tft Buyer's Rigbi to Termlante: Buyer shall have the -ighi to terminate this Contract for arty reason or no reason. by deliverh Seiler writtctt notice of termination (,th. 'Terminationr"1 during the Due Diligence Period (or :tut agwr t.6upor+ cot extension of the Due Diligence Period). TIME BEItiG OF THE ESSENCE. If Buyer timely delivers the Tcrmination Nonce Contract shall be terminated and the Earrast Money Deposit shall be refunded to Buyer. WARNING: if Buyer is not satisfied with the results or p:ogr%zs of Buyer's Due Diligence, Buyer should terminate this Coni prior to the expiration of the Dhm Dingemx Perod unless Buyer can obtain a written extcrision front Seller. SELLER IS OBLICiATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Prupctty following the expbmlii the Doc Diligence Period, Buyers failure to deliver a Termination Notice to Seller prior to the expiration of the Due Dilig Period shall constitute a waiver by Royer of any right to terminate this 0,%tract based on any mattir relating to Buyers Iligence. Provided however, following the Due Diligence Period, Buyer may still exercise: a right to terminate if Seller fai materially comply with airy of Seller's obligations under Paragraph 8 of this Contract or for any other reasctm permitted uncle terms ofthis Contract or North Carolina law. t :l CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN >r:XISTING CONDCi UNLESS PROVISION 1S OTHERWISE MADE IN WRITING. BUYER REPRESENTATIONS: (a) Loan: Buyer ED does ❑ does not have to obtain a new loan in order to putchasc the Property If 1Buycr is obtaining a Ivan, Buyer intends to •+brain a loan u follows: Q FIiA ❑ VA (attach FII VVA I inancing Addcndum ) W Converil ❑ (then nJa luau at a Q Fixed Rate ❑ Ait1w0ablc Rate in the (principal amount of plus anv tinarncd VA Funding Fee or f t 1.4 MIP for a terni of 34 year(s), at an initial interest rate not to ei % per annum Ithe "Loan"). NOTE: Buyer's obligations under this Contract art not conditioned upon obtaining or closing any loan. if Huycr rupTc-icrtt; Buyer does not have rn obtain a new loan in order to purchase fire Property. Seller is advised, prior to sigsunu chi: other. tv a dc► umentation hum Buyer which demonstrates that Buyer will be: able to close: on the Property without the necessity of obtain new loan. ibi Other Property: Buyer ❑ does (a does not have to %ell or lease other real property in order to quality for a new loan complete purebaw. e (c) Performance of Buyer's Financial ObUgations: To the best of Buyees knosticdpa:, there are no other circumstan conditions existing as of the dale of this offer that would prohibit Buyer from performing Buyer', fmanctal obligation% in acco with this Contract. exczpt as may be Specifically set fw•th herein. id) Property Disclosure (check onitrarre): ❑ Buyer has received a signtA copy of the N.C. Residential t'ntrcrty Diwliv%ure Statement prior to the signing of this offer. ® (i,nyeT has NOT received a signed copy of the: N.C. Residential property Disclosure Statemcrit prior to the signim; of thi anti shall have the right to temtinatc or withdraw this U(Intract without penalty prior to WljiCI11 VFR OF TI IF F01.1..0 EVENTS OCCURS FIRST: 1.1) the end of the third calendar day following mcetpt of the Disclosun: Statement; (2) the the third calendar Say followmy the date the Contract was made; or (3) Setlls-awmt or occupancy by Buyer in the case ni or a tsangc L] Exempt from. N.C. Residential Prupc'rty Diu:lusurc Statement because (SFF. (iL'1DF.LINES): 6. BUYRR OBLIGATIONS - (a) Owners' Association FeeslCbarges: Buyer hall pay any fees required fox confirming account paynicni infomtat owners' association dues or assessaxnty for pal,"Wno or pronitiun and any charge trade by the owners s.<sceiatiun in connectic the dispwsition of the Propen. to Buyer. including any trruster and'or document fee imposed by the ou'rte:n' essuciatiun. Buy, not be responsible for fees incurred by Seller in curnpleting the Owners' Association Disc:lustire and Addendum (Standorc 2A 1?-Tl. 1b) Responsibility for Proposed Special Assessments: Buyer sisal) take title subject to all Proposed Special Assessments. te) itrspaasibl)icy far Certain Costs: Bus•L-r shall be resporimbte for all txvas with rt—sweet to any loan obtained by :pprriwl. title search, title insurance, recordingz, the deed and for preparation and recording of all in_stnsments required to arc balance of the Purchase Price unpaid at Scaeement. 7. SELLER RF.Pt2l;S—NTATIONS: 1 a) Ownership: Seller represents that Seller: has owned the Property for at (cast one year. has owned the Propeny for less than one year. duL�s not yet own the fropefll'. tb) Primary Residence: Seller represents that the Property ❑ ;s or ®is not Seller's primary msidenc-e. (c) Lead -Based Polat tcheLk it a.milictWe): L] The Property is residential end was built prior to 1978 (Attach lead -Based Asia ur L.ead-Basal Paint Hazards Di - Addendum ',Stumiat.l Form 2A9-T; ). (d) Assessments: To the best of Sell&s knowledge there are no Proposod Special Asscsnnent3 except as follows (Insmt "N the identification of Such assessmentsif any): None Seiler warrants that there are no Confirmed Special Assessments except tss follows (Insert "None" or the identification assessments, if any): None (c) Owners' Assoeiatioa(s) and Does: To best of Seller's knowledge, ownership of the Pn)per1v l_] su*cts M dots not Buyer to regulation by one or more owners' as,.kiaiion(?t and governing documents, s.hich ioipuss: various mandatory cc, conditions and restrictions upon the Property and Iluyers enjoyment thereof, including but riot limited to obligations to nay assessrients (duns) and Special Assessments. If there is an Owners' association. then an Owners' A-O,iatwet t:i cicss Addendum IStandard Form 2Al2-n shall be completed by Seller, at Selkfs expense, and must be stt:ached a5 an adilevAur CuntracL k. SELLER OBLIGATIONS: ta) Evidence of Tides Seller agrees to use best efforts to deliver to Buyer as soon as reasonably nossinlc after the Effecii cppies of all title infoortnat"ion in possession of or available to SOW, including but not limited to: title insurance potieim a _- ..._ ...ea .....,_,M ..,....,�„o� .t wok .,nor s and deeds of trust. leases. and tasz meats rciatitis to the t�ropefi (m) Seller's Failure to Complc or Breach: if Seller fails to materially comply with any of Sellers obligations under this Para 8 or Seller materially breaches this Contract. and Buyer elects to terminate this Contract as a (+exult of such failure tv breach, th Gamest Morey Deposit and the Due Diligence Fee shall be refumlcd to Bayer and Seller shall reimburse to Buyer the Teas( costs actually ineurncd by Buyer in connection with liuyi:`+ Duo: Diligence without at;ecring any other rrtrtediec. if prvvo:d4tg. ate brenhrht by Buyer against Seller to recover tlu Eamest Mr ney Depu-;it. the Due Diligence Fee turd'or the roast eost5 aelually +ne;unvd by Buyer in connection with Buyer's Due Dilige:ricc. the pmv;1 iinr party in the Pr0r4,:Jin'2 shrub be: entil recover from the non -prevailing party reasonable attorney fees and court ante incurred in connection ci rQ7 the proceeding. 9. PRORATION5 AND ADJUSTMENTS: Unless otbenvisc prrtvidett the following items shall he prorated through the d Settlement and eitheradjusted d between the pasties car paid at Settlement. (a) Taxes on Rest Property: Ad vufmrm taxes and tectm:ing gmernmental service furs lc%led %iih such iaxec on real pr, shall be prorated on a calendar year basis: N Taxes on Personrd Properq: Ad valorem taxes on personal prop" for the entire year shall be paid by Seller unle personal prop-ctty is comcve d to Suvzr_ in which case, the personal property taxes shall be prorated on a calendar year basis: (c) Resty: Rents. if any, for the Property ; (4) Dues: Owners' association rct�otar amessrnenLs (dues) and other like charges. M. 110ME WARRANTY: Select one of the following: ('a No home warranty is to be provided by Seller. ❑ Buyer may obtain a one-year home warranty at a cost not to exceed S and Seller agroes to pay fi scille ment ❑ Seller has obtained and will provide a one-yr.;,r home %varninty fern at a cost of and tvtil pay for it at Scttic"wnt_ VOTE: home warranties typically have limitations on and conditions to coverage. Refer specific questions to the horse WE company. 11. CONDITION OF PROPERTY AT CLOSING: The Property must be in substantially the same or better condition at C'los on the: date of this offer, nasonablu wear and tear ext.A.-pted. 12, RISK OF MSS: The risk of loss or damage by fin: or other casualty prior to C'lo,irg shall be upon Seiler. If the impmverne The Property an destroyed or rairlimully darnagrd prior to Closing, Buyer may it rrniuutc this Contract by written notice delivt Seller ttr Se.•l1Crti arwrx and the Farrtest tyhmcv Delx+s+t and any Due Diligcnev Fec shall be refunded to Buytti. 1n the event Buye NOT elect to terminate: this Contract, Buyer strait he entitled to receive, in addition to the Pru erty, any ut' ScU&S insurance pn payable on account of the J.--uttage or destruction apV4c:.btr to the Property being purchased. Soler is advised not to cancel e; insurance on the Property until after co ntirming rtxirrdatit-rt of the died. 13. DELAY IN SEITLEMF.NTIC:LOSING: Absent a,rccmcnt to the contrary in this Contract or any subsce aunt modif thereto, if a Marty is unable to txt *ekc Settlt_Yrxrd h; the Settlrtncat Date but intends to complete the transaction and is acting a faith and with reasonable diligence to proceed to Settlerncnl ("Delaying Pane*), mrd if the other party is ready, willing and complete Settlement on the Settlement Date ("trot:-DclLyinp Party") then the 1-kiLyrng Park shall give as much ntmec as rossihic Non-Dclas ing Party and settlement agent and shall be cnttit(cd to a delay in Scuiemcnt. if the parties fail to eomple Scttictne Closing .within fourteen (14) daya of the Settlernent Date, or to further extend the Settlement Date by written agrt.-c:nicrit, th Delaying Patty shall be in b;rcach and the N im-Delaying Party tray terminate this Contract and shall be entitled to cnforc,: any rci available to such party under this Contract for the breaL h 14. POSSESSION: Possession, including all means of access to the Property, shall be delivered upon Closing unless oth proridcd below: [] A Buyer Possession Before Closing Agrcertxan is allaLiDcd (Standard Form 2A7-T) ® A Seller Possession Ater ( lcsine A-rccmc:nt is attached (Standard Form 2A8-Ti [j flussessitm is subicci to rights of tenant(,} (:VOTE: Comidcr attaching Additional I envisions Addcndwn (Form 2A-11 Vacation Rental Addrodum (Furm 2A13-1)1 15. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART Of r-rt!*trnAVT IV AMV Anon ATTACH I1F.RFT0_ ITEMiZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, ] Additional Provisions Addendum (Fort 2AI I-T) Back -Up Cuntr=t Addendum (Form 2A)-T) Contingent Sulu Addendum (Furth 2A2-T) FHA'VA Financing Addendum (Form?A4-T) Lead -Based Paint Or Lead -Based Paint Hazaid Addot>dum ( Form 2A4- I i 31 ()TITER: Home is sold as is. Seiler raYitaininkt permit Loan Assumption Addcndum (Form 2A6-T) Now Construction Addendum [Form 2A3-T) }� OAixW Asmi.-Wiun Disck»ure And Addendum (Corm 2A1: Sc filer Financin- Addendum (Form 2A5-T) Short Sale AddenJun+(Fcum 2A14-TI Vacation Rental Add-rulum (Form 2A13-T) roust p=ovicle CAMA pewit and pay fee* axsooiatetl with Ib. ASSIGNMENTS: This Contract may not be assigtied without tine written consent of all parties exc+.pt in cornec:tion with + deferred exchange. but if assigned by agrceinc ril. then tins Contract shall be binding on the assignee and assignee's heirs and SULCCSM 17. TA.Y-DEFERRED EXCHANGE: In the event Buyer or Seller desina 10 efft.-ct a tax-dc:femA exchange in connection wit .t,sttix�anct of the Pkt.pert.. Buyer and Seller agree to cooperate in effecting sixth exchange, provided. however, that the :+cLi:a party shill be n snonsible f0 all additional costs associated with such mchwigc. 'crud provided furthct. that a uusl ca.l,;snking party not &stone any additirntai liability with respM-t to such tax-Wened uxchange. Bayer and Selkx shah! execute such acklitirnal docun including assig anent of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be requacd to give 1 to this proNisicm. 18. PARTIES: This Contract shall be butding upon and shah► in= to the betn:ftt of Buyer and Seller and their respective successors and assigss. As Ivied herein. words in the singular include the pluiai and the masculine includes the feminine and i genders, as appropriate. 19. SURVIVAL: if any provision herein contained which by its nature and effect is rcgmacd to he observed, kept or perlun+;et the Closing. it shall survive the Closing and remain binding upon and for the benefit of the panic, hereto until fully ohst r.cd, k p..�rforrncd. 20. ENTIRE AGREEMENT: This Contract contains the .noire agr=11wat of the panics and there are no n:pt'csc uf+ inducements or other provisions other than those vxprctscd herein. All changes. additions or deletions hereto must be in writir signed by all parties. Nothing container) herein shall alter any agreement between a REALTORII' or bvokei and Seller or Ills .�ontained in any hutting agreement. buyer agency agreement, or any other agemy aRreeuhent between there[. 2L NOTICE: Any notice or communication to be Oven to a pare} herein stay be g++°cs+ to the panti or to such party's agcn written notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a ogee(( br sanding or transmitting it !n any maiiin address, c-mail address or fax number set forth m the "Notice lntonnation" : below. Seller and tauyer agree that the "Ncaicc ?ni'oormaiioa" and "Fscrow Acknowledgment" suctions below shall not coast material part of this Conte wt_ and that the addition or modification of an}' information therein shall nett constitute a rejectitm of a or the creation of a c oun-TOff.-r. 22. EXECUTION: This Contract tray be ssilp rd in tnuitipiv tmpkna6 or counterparts. all of whicb together constitute tare e same instrument, and the parties adopt as their seals the ttionf "SEAL" beside their signatures below. 23. CONIPUTATiON OF DAYS: Unlcss otherwise protidcd, for putpuscs of this Contract, the term "days" shall mean curt calendar Jays, ineltttlsng Saturdays, Sundays. and holidays. whether fcdcral. state. local or religicta5. Fur tine purposes of calrulatin the count of " shah: begin on the Jay f:.11oµirsr the day upon etvhich any act or rwticc as provided in this Contract was nyutrc performed or made. NORTH CAROLINA ASSOCIATION OF RF.ALTORSw, INC. AND THE NORM CAROLINA PAR ASSOCIATION MAKE REPItESFN"rATIUN AS TO THE LEGAL VALIDITY OR kDEttiiACY OF ANY PROVISION OF TIIIS FORM IN ANY AFC TRANSAON. IF YOU ALI'.ti M. YOU SHOULD CONSUL f A NORTH CARNorr OLINA REAL FSRA rEATTORNEYEFOR L THAT IT DOES NOT RU SIGN OME IT. YOUR otter shall become a Ivinding contract on the Effixtive Date. i f Date: 12 (SEAL) Seller y f � (SEAL sszy Smith Sarah M. Pratt S ! ! r -/ R " _ k-6 7[t (SEAL-) Linda Smith er Date: Seller 144_ ( SEAL Gaorget)ftatt Date: (SEAL.) Seller (SEAL. Permit #: e: cribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement id in your Habitat code sheet. !tat Name 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 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 ❑ Other amount) 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 171 Both ❑ Other ❑