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HomeMy WebLinkAbout57475D - Stilwell I i i 0 l Q N ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIEBliVOORIXG PILI.yGSBOATLIFT/BOATHOUSE) I hereby certify that I own property adjacent to �r/ W (N me of Property Owner) property located at Z[Z 5il. m.�-r 12-oAz; (Lot, Block, oad, etc.) on /U/t- l , in d✓-U- , N.0 (Waterbody) (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings / boatlift / boathouse must be se back a minimum distance of fifteen feet (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 not wish to waive I do wish to waive that setback requirement. ------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in v within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext. Wilmington, DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail (Information for Property Owner/Applicant Applying for permit) Z 1 Z Siiyir�-o �t r /Z�/ Mailing Address lV-./C--/7:... (Riparian Property Owner Information) Pl�is2 See Signal #71 Print or Tvpe N TRI-INLET MARINA DBA SCOTTS HILL MARINA 2570 SCOTTS HILL LOOP ROAD WILMINGTON, NC 28411 910-686-0896 RE: ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I ESTELLE BRADSHAW OWNER OF TRI INLET MARINA LLC (dba SCOTTS HILL MARINA) LOCATED AT 2570 SCOTTS HILL LOOP ROAD, HAVE NO OBJECTIONS TO THE PROPOSED PLAN FOR BULKHEAD AND DOCK CONSTRUCTION BY MR. JAY STILLWELL LOCATED AT 212 SIMMONS DR. THIS APPROVAL IS GOOD, BASED UPON THE DRAWING SUBMITTED AND SIGNED BY MR. STILLWELL THAT INDICATES THE PIER TO THE INTRACOASTAL WATERWAY WILL BE A MINIMUM OF 100 FT. FROM THE NORTHEN MOST POINT OF OUR FLOATING PIER THAT RUNS NORTH TO SOUTH, AND THE BULKHEAD ADJACENT TO OUR PROPERTY HAS A MINIMUM OF 20 FT IN LENGTH EAST TO WEST. SEE HIGHLIGHTED AND INTAILITED AREAS ON DRAWING FOR DETAILS ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORING PILINGSBOATLIFTBOATHOUSE) I hereby certify that I own property adjacent to �f't s� 's (NaLe of Property Owner) property located at w, �� s *or. ' (Lot, Block, Road, etc.) on t,L W,W . -,in 1 c �{ +s�.,.Q , N.C. (Waterbody) (Town and/or County) Applicant's phone #: 233 It 101 Mailing Address: 1121 -P Irilw. •� ZB�I`t He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings / boatlift / boathouse must be set back a minimum distance of fifteen feet (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 not wish to waive I do wish to waive that setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) (Information for Property Owner Applying for Permit) ECEIVEC JUL 2 8 2011 DCM WILMINGTON, (Riparian Property Owner Information) Mailing Address Signature N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 0 -1 1 14 1 -3,_0 ► t Name of Property Owner Applying for Permit: JnSF-PH A . S'rIuv-4 = LL Z-rL (AEA-t SS A mi l.L-(F-Q S'rlLvJ �.LL- Mailing Address: <<a1-P MIL- fT)tXG W 1 Lm 1 nl 6-ro GunFF icoAP 2 8 20) (yja-Z6Z-C99g) I certify that I have authorized (agent) ��A (__1K 2-0 t�J ES to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) P ► rc (Z 6o A-r t_ i FTS P>�.t t,l� tN-EIA-D , at (my property located at) d-1 X S ► ✓A ry o rJ S P►t%V r va i L rA i,,l (rynJ N L oZ R'1� 1 This certification is valid thru (date) 0 7 1 l jd-0 / ).. Lo ( 0// ,qti It nti A n i 1 a � Till dy �I i,41 r Ly- Ipi :3 hI� iSign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1 E117 OFFER TO PURCHASE AND CONTRACT [Consult "Guidelines" (Standard Form 2G) for guidance in completing this form] 'or valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Se'. ipon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and ddendum or modification made in accordance with its terms (together the "Contract"). . TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to e, (a) "Seller": Bradley J. Benson and wife, Jo Rae Wright (b) "Buyer": Joseph H. Stilwell, Jr. and Melissa Miller Stilwell (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto includ the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. Street Address: 212 Simmons Drive City: Wilmington Zip: 28411 County: Pender North Carolina (NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown.) Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 13 , Block/Section N/A Subdivision/Condominium Everett Retreat as shown on Plat Book/Slide 5 at Page(s) 54 The PIN/PID or other identification number of the Property is: 3280-26-7976-0000 Other description: See copy of legal description in previous Warranty Deed attached as "Exhibit N' Some or all of the Property may be described in Deed Book 1148 at Page 10 (d) "P ase P7* e": $�' DSO O boo o�i $ (�� I 1 5 00 paid U.S. Dollars n the following erns: $ N/A BY DUE DILIGENCE FEE made payable to Seller $ 20,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable to Escrow Agent named Paragraph 1(f) with this offer by ❑ cash X personal check ❑ official bank the ❑ other: N/A $ N/A BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable to Escrow Ag named in Paragraph I(f) by cash or immediately available funds such as official ba check or wire transfer to be delivered to Escrow Agent no later th N/A TIME BEING OF THE ESSENCE with regard to said date. $ N/A BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on I existing loan(s) secured by a deed of trust on the Property in accordance with t attached Loan Assumption Addendum (Standard Form 2A6-T). $ N/A BY SELLER FINANCING in accordance with the attached Seller Financing Addendt (Standard Form 2A5-T). $ N/A BY BUILDING DEPOSIT in accordance with the attached New Constructi (� rK ncs 1110, IVAddendum (Standard Form 2A3-T). �blb YM_ 5 �, 0 BALANCE of the Purchase Price in cash at Settlement (some or all of which may I F� paid with the proceeds of a new loan) Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by the Effective Date, or shot any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Bu) shall have one (1) banking day after written notice to deliver good funds to the payee. In the event Buyer does not timely deli% good funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earn( ign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1 El 17 Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall b refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. I the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller upon Seller's request as liquidate damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(e) an 4(f) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment c the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, suc amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of th Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated los! both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought b Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled t recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): James S. Price and Associates, P.A. (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 th Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from th parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broke is holding the Earnest Money Deposit, the Broker may deposit the disputed monies with the appropriate clerk of court ii accordance with the provisions ofN.C.G.S. §93A-12.) THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THI EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNEI THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSE INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, i any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. (h) "Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the transactioi contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 4 below, to decid, whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i)"Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to conduct Du Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buye at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or i this Contract is terminated under Paragraph 8(I) or Paragraph 12, or as otherwise provided in any addendum hereto. Buyer an, Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as ti the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of th parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount o any Due Diligence Fee. (j) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on July 29, 2011 TIME BEING OF THE ESSENCE with regard to said date (k) "Settlement": The proper execution and delivery to the settlement agent of all documents necessary to complete the transactioi contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents and the settlement agent's receipt of all funds necessary to complete such transaction. (1)"Settlement Date": The parties agree that Settlement will take place on August 5, 2011 (the "Settlement Date"; unless otherwise agreed in writing, at a time and place designated by Buyer. ( in )"Closing": The legal process which results in the transfer of title to the Property from Seller to Buyer. Closing includes thl following steps: (1) the Settlement (defined above): (2) the completion of a satisfactory title update to the Property following th, Settlement; (3) the settlement agent's receipt of authorization to disburse all necessary funds: and (4) recordation in the aooronriati Sign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 defects, or if the settlement agent is not authorized to disburse all necessary funds, then the Closing shall be suspended and t Settlement deemed delayed under Paragraph 13 (Delay in Settlement/Closing). (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes or by owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property. A Speci Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved pri to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is ful payable at time of Settlement. FIXTURES: The following items, if any, are deemed fixtures and are included in the Purchase Price free of lier nge/stove/oven, any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curta ,ds, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satell shes and receivers, burglar/fire/smoke/carbon monoxide/alarms, pool and spa equipment, solar energy systems, attached firepla reens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movai )ntainers), basketball goals, storage sheds, mailboxes, attached wall and/or door mirrors, fuel tank(s) whether attached or buried a cluding contents, if any, as of Settlement, landscape and/or foundation lighting, invisible fencing including all related equipmei wn irrigation systems and all related equipment, water softener/conditioner and filter equipment and any other items attached fixed to the Property, EXCEPT the following items which are leased or not owned by Seller or which Seller does not intend rnvey: N/A Mer shall repair any damage caused by removal of any items excepted above. PERSONAL PROPERTY: The following personal property shall be transferred to Buyer at no value at Closing: N/A TOTE: Buyer is advised to consult with Buyer's lender to assure that the Personal Property items listed above can be included in ti Dntract.) BUYER'S DUE DILIGENCE PROCESS: (a)Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval the Loan if any. (NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allot sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide wheth to proceed with or terminate the transaction.) (b) Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expew shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property Buyer deems appropriate, including but NOT limited to the following: (i)Inspections: Inspections to determine the condition of any improvements on the Property, the presence of unusual drainal conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presence of asbest or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and the presence and lev of radon gas on the Property. (i i )Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules ar 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' Associati< Disclosure And Addendum (Standard Form 2A 12-T) provided by Seller prior to signing this offer. (iii) Insurance: Investigation of the availability and cost of insurance for the Property. (iv) Appraisals: An appraisal of the Property. (v) Survey: A survey to determine whether there are any encroachments on the Property from adjacent properties (fence driveways, etc.), encroachments from the Property onto adjacent properties, road or utility easements crossing the Proven Sign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 (vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase floc insurance in order to obtain the Loan. (c )Repair Negotiations/Agreement: The parties acknowledge and understand that they may, but are not required to, engage negotiations for repairs to the Property. Buyer is advised to make any repair requests in sufficient time to allow repair negotiatio. to be concluded prior to the expiration of the Due Diligence Period. Any agreement that the parties may reach with respect repairs shall be considered an addition to this Contract and as such, must be in writing and signed by the parties in accordance wi Paragraph 20. Unless otherwise agreed, negotiated repairs shall be made in a good and workmanlike manner and Buyer shall ha the right to verify same prior to Settlement. (d) Walk-through Inspection: Buyer may conduct a walk-through inspection of the Property prior to Closing. (e)Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resultii from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused 1 accepted practices either approved by the N.C. Home Inspector Licensure Board or applicable to any other N.C. licens, professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligatii shall survive any termination of this Contract. (f)Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents ai contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of t] Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and ai termination hereof. (g )Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by deliverii to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon writt, extension of theDue Diligence Period), TIME BEING OF THE ESSENCE. If Buyertimelydelivers the Termination Notice, tt 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 th Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Selli SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Buyer's failure to deliver a Termination Notice to Sell prior to the expiration of the Due Diligence Period shall constitute a waiver by Buyer of any right to terminate th Contract based on any matter relating to Buyer's Due Diligence. NOTE: Following the Due Diligence Period, Buyer may still exercise a right to terminate this Contract for any other reasq permitted under the terms of this Contract or North Carolina law. (h) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITIO UNLESS PROVISION IS OTHERWISE MADE IN WRITING. BUYER REPRESENTATIONS: (a )Loan: Buyer does❑ does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loa Buyer intends to obtain a loan as follows: ❑ FHA ❑ VA (attach FHA/VA Financing Addendum) Conventional ❑ Othe loan at a ® Fixed Rate ❑ Adjustable Rate in the principal amount of $250,000.00 plus any financed VA Funding Fee or FHA MIP for a term of 30 year(s), at an initial interest rate not to excel 5.00 % per annum (the "Loan"). NOTE: If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, pri, to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Proper without the necessity of obtaining a new loan. gn Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1 E117 (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances c conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations it accordance with this Contract, except as may be specifically set forth herein. (d) Property Disclosure (check only one): ® Buyer has received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this offer. ❑ Buyer has NOT received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this offs and shall have the right to terminate or withdraw this Contract without penalty prior to WHICHEVER OF THE FOLLOWIN( EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end c the third calendar day following the date the Contract was made; or (3) Settlement or occupancy by Buyer in the case of a sal or exchange. ❑ Exempt from N.C. Residential Property Disclosure Statement because (SEE GUIDELINES): N/A BUYER OBLIGATIONS: (a) Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment information o owners' association dues or assessments for payment or proration and any charge made by the owners' association in connectio with the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' associatiol Buyer shall not be responsible for fees incurred by Seller in completing the Owners' Association Disclosure and Addendw (Standard Form 2Al2-T). (b) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessmeni disclosed by Seller in Paragraph 7(d), if any. (c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buye appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure th balance of the Purchase Price unpaid at Settlement. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: X has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Primary Residence: Seller represents that the Property ❑ is or® is not Seller's primary residence. (c) Lead -Based Paint (check if applicable): X The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosui Addendum (Standard Form 2A94)). (d) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None" c 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 suc assessments, if any): NONE (e )Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects ® does not subjei Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenant; conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regula assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure an Addendum (Standard Form 2Al2-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to th. Contract. QVI I c13 F%nr rr Arrrnwte. iign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose materials 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. (b )Access to Property: Seller shall provide reasonable access to the Property (including working, existing utilities) through tl earlier of Closing or possession by Buyer. (c) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal proper which is not a part of the purchase and all garbage and debris from the Property. (d) Affidavit and Indemnification Agreement: Seller shall famish at Settlement an affidavit and indemnification agreement form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed furnished labor, services, materials or rental equipment as described in N.C.G.S. §44A-8 to the Property within 120 days prior the date of Settlement verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyei lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom. (e )Payment and Satisfaction of Liens: All deeds of trust, liens and other charges against the Property, not assumed by Buyi must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closin Seller shall remain obligated to obtain any such cancellations following Closing. (f)Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property at Settlement unle otherwise stated herein, which shall convey fee simple marketable and insurable title, free of all encumbrances except: ad valore taxes for the current year (prorated through the date of Settlement); utility easements and unviolated restrictive covenants that < not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buy in writing. The Property must have legal access to a public right of way. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendu (Standard Form 2A14-T) as an addendum to this Contract. (g) Deed, Excise Taxes: Seller shall pay for preparation of a deed and all other documents necessary to perform Selle obligations under this Contract, and for state and county excise taxes required by law. The deed is to be made to: Joseph H. Stilwell Jr. and Melissa Miller Stilwell (h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ N/A toward any of Buye. expenses associated with the purchase of the Property, including any FHA/VA lender and inspection costs that Buyer is n permitted to pay, less any portion disapproved by Buyer's lender. NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount point loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association du( etc.). (i) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that tl 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 (Standard Form 2Al2-T): If applicable, Seller shall provide the complete Owners' Association Disclosure and Addendum (Standard Form 2A 12-T) 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 Seller's obligations under this Paragral 8 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, thi the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer tl reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date �ttlement and either adiusted between the narties nr naid at Cettlement 3n Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 (d) Dues: Owners' association regular assessments (dues) and other like charges. HOME WARRANTY: If a home warranty is to be provided, select one of the following: ❑ Buyer may obtain a one-year home warranty at a cost not to exceed $ N/A and Seller agrees to pay for it at Settlement. ❑ Seller has obtained and will provide a one-year home warranty from N/A at a cost of $ N/A and will pay for it at Settlement. ITE: Home warranties typically have limitations on and conditions to coverage. Refer specific questions to the home warrant. npany. .CONDITION OF PROPERTY AT CLOSING: The Property must be in substantially the same or better condition at Closing a the date of this offer, reasonable wear and tear excepted. .RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvement the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice deliverer Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buye :s NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insuranc ceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cance sting insurance on the Property until after confirming recordation of the deed. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modificatioi reto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in goof .h and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able t, nplete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible ti Non -Delaying Party and settlement agent and shall be entitled to a delay in Settlement. If the parties fail to complete Settlemen I Closing within fourteen (14) days of the Settlement Date, or to further extend the Settlement Date by written agreement, then thl laying Party shall be in breach and the Non -Delaying Party may terminate this Contract and shall be entitled to enforce an, iedies available to such party under this Contract for the breach. POSSESSION: Possession, including all means of access to the Property, shall be delivered upon Closing unless otherwis �vided below. In the event possession is NOT to be delivered upon Closing: ❑ a Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-T) OR ❑ a Seller Possession After Closing Agreement is attached (Standard Form 2A8-T). OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THI NTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AN[ TACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED T( .AFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) Additional Provisions Addendum (Form 2A l 1-1) ❑ Loan Assumption Addendum (Form 2A6-T) Back -Up Contract Addendum (Form 2A 1-T) ❑ New Construction Addendum (Form 2A3-T) Contingent Sale Addendum (Form 2A2-T) ❑ Owners' Association Disclosure And Addendum (Form 2A 12-T FHANA Financing Addendum (Form 2A4-T) ❑ Seller Financing Addendum (Form 2A5-T) Lead -Based Paint Or Lead -Based Paint Hazard ❑ Short Sale Addendum (Form 2A 14-T) Addendum (Form 2A9-T) ❑ Vacation Rental Addendum (Form 2A 13-T) OTHER: See "Exhibit B" attached ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax erred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs an, cessors. .TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with th, ...e.,....,.e .,Crt, D-....e.a.. o... ,ems --A Q-11— ....wee ♦., ..,.....e...re :., ......1, e...d-- .,...,.:A -A 1,.,,,.e rt..,r rt,e a....h�«..:., gn Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1 E117 PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heir., ;cessors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neute iders, as appropriate. .SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed afte Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept c formed. . ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representation: .ucements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing an ned by all parties. Nothing contained herein shall alter any agreement between a REALTORt or broker and Seller or Buyer a rtained in any listing agreement, buyer agency agreement, or any other agency agreement between them. NOTICE: Any notice or communication to be given to a party herein may be given to the party or to such parry's agent. An itten notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a party snt by sending or transmitting it to any mailing address, e-mail address or fax number set forth in the "Notice Information" sectio ow. Seller and Buyer agree that the "Notice Information" and "Escrow Acknowledgment" sections below shall not constitute terial part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of a er or the creation of a counteroffer. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and th ne instrument, and the parties adopt as their seals the word "SEAL" beside their signatures below. .COMPUTATION OF DAYS: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutiv endar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculatin es, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract wa luired to be performed or made. IE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATIO] kKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM F JY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVID iR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOI 3N IT. is offer shall become a binding contract on the Effective Date. te: 06/29/2011 yer Cpmm (SEAL) Jo h H. Stilwell, Jr. te: 06/ /2011 .yer (SEAL) Lr"Me1i_Ss#Alle_r Stil I Lte: Date: 6/30/2011 —,2oac�sro�ed V. ¢ . Seller !/► '• 1/wAw(SEAI fmdit valcfieelson Date: 6/30/2011 oocoS%Fmd by. Seller ice. Uidi (SEAI UbAWN94. Date: yer (SEAL) Seller (SEAI gn Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1 E117 NOTICE INFORMATION )TE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVE R THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH AR )T APPROVED. IYER NOTICE ADDRESS: Liling Address: 1121-P Military Cutoff Road Wilmington, NC 28405 yer Fax#: (910) 256-2171 yer E-mail: ihs .swainassociates.com LLING AGENT NOTICE ADDRESS: m Name: Intracoastal Realtv Corporation ting as ❑ Buyer's Agent ❑ Seller's (sub)Agent X Dual Agent filing Address: 1900 Eastwood Rd, Ste 38 Lumina Station Wilmington, NC 28403 lividual Selling Agent: Sandra McNeil Acting as a Designated Dual Agent (check only if applicable) sense #: 107635 [ling Agent Phone#: (910) 232-2400 [ling Agent Fax#: (910) 256-4248 Iling Agent E-mail: smcneil c(-intracoastalrealty.com SELLER NOTICE ADDRESS: Mailing Address: 436 Portofino Drive, #205 San Carlos, CA 94070 Seller Fax#: Seller E-mail: bradbenson6@comcast.net LISTING AGENT NOTICE ADDRESS: Finn Name: Acting as ❑ Seller's Agent ❑ Dual Agent Mailing Address: Individual Listing Agent: ❑ Acting as a Designated Dual Agent (check only if applicable) License #: Listing Agent Phone#: Listing Agent Fax#: Listing Agent E-mail: ESCROW ACKNOWLEDGMENT OF INITIAL EARNEST MONEY DEPOSIT crow Agent acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same i -ordance with the terms hereof. to Firm: James S. Price & Associates, P.A. By: (Signature) (Print name) gn Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 lM'EUS3J1 !MiltE� ' t : TOM, MC �%� COMMAND,ASSET PROGRAM 2 ` "4QX4442 Yd3 1/ sg.2t.5�} _ !'M~" �. DIY ii ta }, �. WACHOVIA j.�-,,,.���� - ( � WachOvfa Bank, N.A. ��r�wiGlZ' ..5 CODEI I , For G (` L—LL r kkk i:0 5 3000 2 191: 400 3 68 5 13 6u■ w 2 5 8 3- _...; gn Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 `ice ATza,csiasrrT ;8K 1 1 4 �8 PG O 12 BEGINNING)<at a point intha Southeasterly line of Simmons Drive, where it is intersected by the dividing line between Lots 12 and 13 of EVERETT RETREAT, running thence S. 46 degrees 07 minutes East with said dividing line 249.e feet, more or lees, to a point in the high water line of topsail Sound, thence S. 42 degrees 00 minutes Neat with the high water line 60.03 feet to the southeasterly corner of Lot 13; thence S. 43 degrees 49 minutes West with the high water line 80.04 fact to a point in the high water line! thence N. 46 degrees 07 minutes West '226.33 feet, more -or lees, to a point in the Extension of the southeasterly line of Simmons Drive, if same were extended southwardly; thence N. 33 degrees 23 minutes East with said line 81.36 feet to the southwesterly corner of Lot 13) thence continuing the same course 61.02 feet to the point of Beginning. The same being all of Lot 13 and the Northeastern portion of tract B according to a map or plan of Everett Retreat by M. H. Lander., C.E. dated September 24, 1995, and recorded in Map Book 5 at page 54, Pender county Registry. Same being all of that tract conveyed to Robert Adrian Williams, at ux in Book 320 at page 570 and a part of that tract in Book 367 at Page 275 of the Pender County Registry. BENSON.B 212 Simmona Drive, Wilmington 1 1 �if/ I&IT Jok gn Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 "EXHIBIT B" Additional Terms and Conditions 1. Notwithstanding any contrary provision contained in Section 1 (e) and/or Section 8 (1) of the Contract, Section 1 (e) and Section 8 (1) of the Contract is amended as follows: If Seller is in default of the Contract, Buyer shall have the right to: (a) seek specific performance of the Contract, provided if specific performance is frustrated due to the Seller having conveyed all or any portion of the Property, Buyer shall have any remedy available to it at law or in equity; or (b) terminate the Contract by delivering written notice of such termination to Seller, receive a refund of the Earnest Money and seek such remedy as may be available to Buyer at law or in equity. If Buyer is in default of this Contract, Seller shall be entitled, as Seller's sole and exclusive remedy, to terminate the Contract and receive the Earnest Money as full and agreed upon liquidated damages, and the parties hereto shall thereafter have no further liability to each other hereunder. Seller hereby waives all other remedies at law and in equity, including specific performance. 2. Seller has entered into a contract for the sum of Thirty-five Thousand and No/100 Dollars ($35,000.00) to construct the proposed pier and boat -lift described in the CAMA permit and construction plan documents attached to this contract as "Exhibit C" with Jack and Jimmy Jones (together the "Contractors"). Seller has paid a deposit to the Contractors of Seven Thousand and No/100 Dollars ($7,000.00). If construction is not complete by the Settlement Date, Seller shall deposit any amounts unpaid to the Contractors (limited to the $35,000 original contract amount) in escrow with James S. Price & Associates, P.A. to complete construction of the proposed pier and boat -lift. Seller agrees to cooperate with Buyer to obtain any approvals to modify the proposed pier and boat lift if necessary. This provision shall survive closing if construction is not complete by the Settlement Date. 3. Buyer may extend the Settlement Date as defined in Section 1 (1) of the Contract for Thirty (30) days by paying a nonrefundable earnest money deposit to the Escrow Agent in the amount of Five Thousand and No/100 Dollars ($5,000.00) which shall be applicable to the Purchase Price. gn Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 It r,-L H 11S IT C IV I�° 56668 LAMA 10 DREDGE & FILL13EP 1 NERAL PERMIT Previous permit# JJtKt*w OModification OComplete Reissue ❑Partial Reissue Date previous permit issued uthorized by the State of North Carolina, Department of Environment and Natural Resources � the Coastal Resources Commission in an area of envkwwnental concern pursuant to I SA NCAC o �it>. _= -t^ Project L��tfon: C�tmty P��� cess Street Address/ State Road/ Lot #(s) sta zp°i 2-I Z SimmaLc' yz _ Subdiv' ' n NIA wriiedAgent'` h - City Zip cted O Cw A ❑ ES ❑ PTS Phone # (' 1 0 ) �} - River Basin .(s): O OEA O HHF Q iH O UBA ❑ WA Adj. Wtr. Body l � � net an lunkn D rWs: ❑rC• V: yes no PNA yes no CrILHab. yes Ir.)Closest Maj, Wtr Body LAU re of ProlftV Activity J (S..J. yr ) .r (dock) length(C )6M x �r 190 at ad om . _ number i t k P �! Rdleadl Rip,*kr%th an distanceoftloe nmk distamm ofWwra sin. chyme! 1_ f ---- I t i cubk yards ramp athouse/ Boaak Z X h Buwz ft her - ----------- -�: I dine Ungdl _ j�Jrn r no �^M hw 5. notsum Yes nor%4 yes no r mrium Yes no I I wilding pe—k —y be required "V Special Conditions nnA. t�-.�I:.:.. tcoo tw au yryar ►GrAA , S1 ri 1.A— OA,.2l- in s.-L D YL--- A 1-10 ❑ See note on back regarding Rivu7 Basin ruses I wilding pe—k —y be required "V Special Conditions nnA. t�-.�I:.:.. tcoo tw au yryar ►GrAA , S1 ri 1.A— OA,.2l- in s.-L D YL--- A 1-10 ❑ See note on back regarding Rivu7 Basin ruses gn Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 �l E*, If 161T G P,4 V4; 3-- Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that [)prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowners). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistentwith the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar- Pamlico River Basin Buffer Rules Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax 252-247-3330 (Server. Carteret, Craven, Onslow -above New River Inlet- and Pamlico Count) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 Washington District 943 Washington Square Mali Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Server Beaufort, Bertia, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax:910-395-3964 h- - _. I_, - _.,,----'- gn Envelope ID: F077BAA7-6EFO-413F-9339-96E222F1 El 17 tT C, 3, C C x0b !3 v -�- L t d W N N W (D rn m r> Cl) T LL c•) ign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 STATE RESIDENTIAL PR( G-S. 47E requires owners of residential real estate (single= property disclosure statement. This form is the only one ap the sale, exchange, option and sale under a lease with o' dwelling). A disclosure statement is not required for some transactions of residential property made pursuant to a li dwelling. For a complete list of exemptions, see G.S. 47E-2 You must check ✓ one of the boxes for each of the 21 que! a. If you check "Yes" for any question, you must expi; contractor, pest control operator or other expert or inaccurate or incomplete information contained ii information. b. If you check "No", you are stating that you have problem, you may be liable for making an intentions C. if you check "No Representation", you have no dut7 known of than. If you check "Yes" or "No" and something happens begins to leak), you must promptly give the purchas If. you are assisted in the sale of your property by a liu Statement to the purchasers; and the broker must disclose regardless of your responses on the Statement. You must give the completed Statement to the purchaser t do not, the purchaser can, under certain conditions, cane purchaser a copy of the Statement containing your signatur ay�'ae�L Esr�r I C. 4 F NORTH CAROLINA i '� ! "R Y DISCLOSURE STATEMENT iS T1 PROPERTY OWNERS amity hones and buildings with up to four dwelling units) to furnish purchasers a rove for this purpose. A disclosure statement must be furnished in connection with ion fo purchase (unless the tenant ii already occupying or intends to occupy the msa�tions, including the first side Of a dwelling which has never been inhabited and ase lith option to purchase where the lessee occupies or intends to occupy the I 11 ions youi, I swer and either dL the reverse side of this form. add Ii In r escribe any problem or attach a report from an engineer, public agiency describing it. If,you:attach a report, you will not be liable for any it sIb long as you were not. grossly negligent in obtaining or transmitting the o actual Lowledge of any probl I . ,If you check "No" and you Know there is a miss�tarcment. to diLlose the conditions or cltarac I ristics of the property, even if you should have o th property to make your SJOmInr incorrect or inaccurate (for example, the roof r a n ected Statement or, correct the i problem. sed ire estate broker, you are still responsible for completing and delivering the my atenal facts about your property which they know or reasonably should know, D later th I the time the purchaser makes an offs to purchase your property. If you I anyl restilung contract (See " Note to Purchasers" below). You should give the and �Ceepl'a copy signed by the purchaser for your records - Note to'Pur•chasers: If the owner does not give you w Residential Property Disclosure Statement by the time you -make Four offer to purchase the property, you may underI certain conditions cancellany resulting contract and be entitled to a refund of any deposit monies you may have paid. To cancel the contract, you must personally deliver or malt written notice of Four decision to cancel to the owner or the owner's ahow ent within three calendar days following your receipt of the Statement. >r three calendar days following the date of the con act,�whichever occurs first Hever, in no event does the Disclosure Oct permit you to cancel a contract after settlement bf th transaction or (in the cia'4ui of a sale or exchange) after you have occupied the property, whichever occurs first. I I i III In the space below, type or print in ink the address of the Property Address: 212 Simmons Dr, Wiltain9 Own cis Name(s): Bradley J. Benson, Jo Owner(s) acknowledge hay l this ate t t Owner Signature: Bradley . 13 Owner Signature: TO Wright 177 Purchaser(3) acknowledge receipt of a copy of this disc tt,;, ;" —t n wnrrnnty hu owner or owner's agent; th to identify it) and }lour name. Then sign and date. „ at •�i n and that all information ure statement; that they have i it is root ' substitute for arty true and correct as of the date signed / C} _ Le l- I2 2/L7 fired it before signing; that they understand that > ctions they may wish to obtain; and that the ,ign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 perry Address/Description: INore. 1n this forme, property" refers only to ;arding the property identified above, do you know of any FOUNDATION, SLAB, FIREPLACES/CHIMNEYS, FLOOR: AND SCREENS), DOORS, CEILINGS, INTERIOR AND VI DECK OR OTHER STRUCTURAL COMPONENTS includin a. Siding is ❑ Masonry ❑ Wood [IComposition/Hardbo�rd b. Approximate age of structure? II . ROOF (leakage or other problem)?........................................�..... a. Approximate age of roof covering? WATER SEEPAGE, LEAKAGE, DAMPNESS OR STAND:1W( ELECTRICAL SYSTEM (outlets, wiring, panel, switches, fiuuictttI PLUMBING SYSTEM (pipes, fixtures, water heater, etc.)?....... REAT ING AND/OR AIR CONDITIONING' .......... .............! .. a. Heat Source is: ❑ Furnace ❑ Heat Pump ❑ Baseboard 0 1 b. Cooling Source is:❑ Central Forced Air ❑ Wall/Windo%v U c. Fuel Source is: ❑ Electricity ❑ Natural Gas ❑ Propane ❑ WATER SUPPLY (including water uality, quantity and wafer I a. Water supply is: ❑ City/County Community System ® P b. Water pipes are: ❑ Copper❑ Galvanized ❑ Plastic ❑ 9the SEWER AND/OR SEPTIC SYSTEM? . .................................. 1....... a. Sewage disposal system is: ❑ Septic Tank Q Septic Tarjk wi' to City/County System ❑ City/County System available ❑ 8trail or other sewer system [note: use of this type of system violatL sta BUILT-IN APPLIANCES (RANGE/OVEN, ATTACHED I CRt DISPOSAL, etc.)? ................ ................................................ .!r...... PRESENT INFESTATION, OR DAMAGE FROM PAST INFE OR ORGANISMS which has not been repaired? ................... I—— DRAINAGE, GRADING OR SOIL STABILITY OF LOT? OTHER SYSTEMS AND FIXTURES: CENTRAL VACUI FAN, CFTLfNG FAN, SUMP PUMP, IRRIGATION SYST OTHER SYSTEMS?............................................................. o regarding the property identified above, including the It ROOM ADDITIONS OR OTHER STRUCTURAL ENVIRONMENTAL HAZARDS (substances, materials or methane gas, lead -based paint, underground storage tank, c covered), contaminated soil or water, or other environmental COMMERCIAL OR INDUSTRIAL NUISANCES (noise, a VIOLATIONS OF ZONING ORDINANCES, RESTRICT': RESTRICTIONS OR BUILDING CODES INCLUDING I ROOM ADDITIONS OR OTHER STRUCTURAL CHAN UTILITY OR OTHER EASEMENTS: SI FARED DRIVEW� FROM OR ON ADJACENT PROPERTY? ........................... LAWSUITS, FORECLOSURES, BANKRUPTCY, TENAN ASSESSMENTS, MECHANICS' LIENS, MATERIALMEN GOVERNMENTAL AGENCY that could affect title to the p OWNERS' ASSOCIATION OR "COMMON AREA" EXPE' FLOOD HAZARD or that the nronerty is in a FEDERALLY FA unit(s) and not sheds, detached garages oi- other buildings.] .n (malfunction or defect) with any of the following: r No Yes` JORIVI No Representation ENDOWS (INCLUDING WINDOWS UOR WALLS, ATTACHED GARAGE, PATIO, y mbdifications to them? ! .:.::1............................. ❑ 0 Vinyl ❑ Synthetic Stucco ❑ 10ther .............................. !........................................................................... ............................................................ ........................... .................................0 ❑ ..1,� ............................... r'.......,................ .... ........................................ • JA � R c II in the basement, rawllIspace or slab?.......... ❑ . etcl)?........................... :......1J ❑ Q 1 .......................................................... ! 0 ter ; a " (s [] Other I ......................................... I b !'Other I ........................................ I' t . ❑ ssure )?.......................... ... :........................................ ate Well❑ Other ................................. ❑ Unknown !.;......! ................................... I........................ �!. ........ i....�! ........ ......❑ ❑ e Pubip ❑ Community Systern ❑ Connected it pipe (wastewater does not gel into a septic law]) CJ Other k I WAVE, HOOD/FAN, DI ASHER, - `RV .......................................... ......:..................................❑ ❑ ATIbN OF WOOD DESTROYING INSECTS b ❑ 1OL, t C IHOT TUB, SPA, ATTIQ FAN, EXHAUST WIRING OR OR LE SATEL11 LITE DISH, _ .- .. . , r imProvements, and fixturesi located thereon, do you know of an .......................................❑ •r ❑ :ts) including asbestos, formaldehyde, radon gas, - hazardous or toxic material (,whether buried or ❑ ❑ nination?......................... :........ I ................................ ioke!ietc.) affecting the property? ............................. ❑ ❑ VENANTS OR OTHER LAND -USE LURE TO OBTAIN PROPER PERMITS FOR ❑ ❑ C.................... ..................... i.............................. ARTY WALLS OR ENCROACHMENTS ❑ ❑ ................................................................................. IUDCMENTS, TAX LIENS, PROPOSED NS, OR NOTICE FROM ANYi ❑ I ? ...A. ..........................................................................❑ DR ASSESSMENTS?.....::............. I ......................... i • ❑ ❑ I 3NA�ED FLOOD PLAIN?...I ...:........................... ❑ 0 Sign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 LEAD -BASED PAINT OR ?roperty Address 21 It is a condition of this contract that, until First, Buyer shall have the right to obtain a risk assessm lead -based paint hazards* at Buyer's expense. This cont the Seller or Seller's agent a %Titten inspection and/or ri needed, if any. If any corrections are necessary, Seller Seller elects not to complete the corrections, then Buye terminating this contract, in which case all earnest moi assessment or inspection of the Property for the preset cause. *Intact lead -based paint that is in good condition is Lead in Your Home" for more information. Disclosure of Information on 1 � tF� 1 AINT HAZARD ADDENDUM I Dr, Wilmington, ;NC or the Option Termination Date, whichever occurs ction of the Property for the presence of lead -based paint and/or I terminate at that time unless Buyer or Buyer's agent delivers to nt report listing the specific existing deficiencies and convections the option of completing'them or refusing to complete them. if the option of accepting the Property in its present condition or refunded to Buyer. Buyer may waive the right to obtain a risk based paint and/or lead -based paint hazards at any time without rily a hazard. See EPA pamphlet "Protect Your Family from Paint and Lead-Baiid Paint Hazards Lead Warning Statement 1' i Every Buyer of any Interest in residential real property 4n which residential dwelling w built prior to 1978 is notified that such property may present exposure to lead from lead-based.pain; tha'i may place young chill�ren at risk of developing lead poisoning. Lead poisoning in young children may produce pets anent neurological damage, 4tncluding learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory; Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead -based paint hazards from risk assessments or inspections in the Sellers possession and notify the Buyer of any !Drown lead -based paint hazards. A risk assessment or inspection for possible lead -based liazartis isirecommended prior toy wchose. " I f Seiler�' Dt�closnre (initial) � W(�V)((a) Presence of lead -based paint and/or lead -based paint hazards (check one below): t] Known lead -based paint and/or lead -bused paint hazards. are, present in the housing (explain). a Seller has no knowledge of lead- (b) Records and reports available to the Seller has provided the Buyer 1 lead -based paint hazards in the I Seller has no reports or housing. Buyer's Acknowledgment (initial) (c) Buyer has received copies of all ini (d) Buyer has received the pamphlet P (a) Buyer has (check one below): 0 Received a 10-day opportunity I. paint and/or lead -based paint hazards in the housing. :k one) liable records and reports pertaining to lead -based paint and/or documents below). �. to lead -based paint and/or lead -based paint hazards in the T i n listed above. our Family from Lead in Your Home. sadly agreed upon period) to conduct a risk assessrti # ot°tpeA ign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El l7 ;ent's Aclmowledgment (initial) LM (f) Agent has informed the Seller of responsibility to ensure compliance. crtification of Accuracy ,le Mowing parties have reviewed the information abc e the signatory is true and accurate. HE NORTH CAROLINA ASSOCIATION OF REA LAKE NO REPRESENTATION AS TO THE LEGAL NY SPECIFIC TRANSACTION. IF YOU DO NOT I OR YOUR LEGAL NEEDS, YOU SHOULD CONSL [GN IT. uyer: _ ■�. 27 uyer: .gent: elIer: B�eller: Jo Rae Wrigh ,gent: �o• Sandra McNeil •il •I� 's obiigations unde11 r 42.U.S.C. 4852d and is aware of his/her cent fy, to the best of their knowledge, that the information provided P INC. AND THE NO, TH CAROLINA BAR ASSOCIATION ►ITY OR ADEQUACY OF 'ANY PROVISION OF THIS FORM IN .STAND THIS FORNf OR FEEL THAT IT DOES NOT PROVIDE JORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU {S ) Date 0 (0 �- ' (SEAL) Date 2� r Date v (SEAL) Date (SAL)Date 2©%0 i i Date SO 'II II II x} JUL 2 8 2011 ign Envelope ID: F077BAA7-6EF0-413F-9339-96E222F1El17 Jehate C. (Parties a. 1teilsterod Land Surveyor ill-. 1-1,1097, eeillfy tDet-I hare surveyed. the IaMe as abws, it, dwatffr r portfonii :hc 1:;1 .:: u1 bnU, ri.m,•i : %.,icm`I! .�n i ::.rcrrtliiKl L:i Flw! Mtp 110:141 115A A A-Im.19-6-w !nee ent:ronchmant frt;a -t i-; 1•.1 r�I '1 - DRRAS M i ri i'� lama e. ,vt I./347. �4 +p / ryry i srssnnu uwo URmM ❑u swts,o IAW Yj Nkmoslum, A. C. rtero ;gip 41L) E Gjy'' e:, w 143, i' t so CA.Ks out r-0P-,a^/ ........... j1 c.• F 5 4 i L ;c, aD s icly� �O ra I j n 'I , Bo• �, y •. or QPr' •. �.�• . •a q►aa G! A. as YloN'e7C-- �� -7,k � �' r. , I we[Wsl+tS Gw�tG �g7id OF ��6G7 .�4�1J �� f � � �� OL'p •• � yQ1s f, 19 f/iue! r O-• �p { I � � To is'W", N f h -S - IV ^, O a . a n 1 � dl 5 A0 -7g � 1 z • I N R N ff air 'G1 �.. d 9 ''�" f •sf• � � � � .� � t f !2 �o,er.o�✓ .o,� 1 �I 't U' r ' a �sa;. , tea*.,• 1 Gr.eo' �. '�•'qt.4 1 �i O 77;zlwn t•' [S •j a II IN[ ,jL ..Eua �f ilicant: {i I I �1/ Permit #: e: g '2 I(1 11 cribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement rid in your Habitat code sheet. itat 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 amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/oi temp impact amount) c ' S Dredge ElFill ❑ Both ElOther L3 2 p imQQ gQ� 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 ❑ r �ose�� kt . Ski�we, �.� •�,. K ASSOCIATES, NL 4 STOKLEY DR NGTON, NC 28403 FIRST BANK - WILWNGTON, NORTH CAROLINA 26403 a(? c �, 000Li75ll' i'053L0LCr8ja 74 1 1175 Qm.Wa.&Frm rrwmon Parawn® DATE Z ' 66-456-531 -=, DOLLARS U - --------- -- - -==,ter NP 0 • 0 28 Z L11 0 • 0 28 Z L11