Loading...
HomeMy WebLinkAbout56590D - SmithCAMA / DREDGE & FILL ENERAL PERMIT Previous permit # New Modification Complete Reissue Partial Reissue Date previous permit issued rized by the State of North Carolina, Department of Environment and Natural Resources :oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC j ////'�J62 ules attached. t Name .7- ( 7, Al d.4 /,7 - " P Project Location: County ! G x 5S Ci Street Address/ State Road/ Lot #(s) L,/ 11s 13 tState/Y C ZIP 70 SdC � �`, �oc�,�..._�'� /0 Fax # () Subdivision �/� JS,r ��� /`"aC 4✓000l edAgent W4? City Z,y%/1 zip 2YX, ^1 CW ❑ EW ❑ PTA ❑ ES C: PTS OEA ❑ HHF IH F7 UBA 1 N/A PWS: FC: yes / no PNA yes / no Crit.Hab. yes / no Phone # ( ) River Basin L*�, Adj. Wtr. Body L rr�l,✓orrYl Closest Maj. Wtr. Body_ 191 if Project/ Activity P v Lc i u,d I e v ,i L L .4ol f G (Scale: irkl 1—ath umber ...: _ ��M��■■■■ EMEEN ■■■■■■■■�� ■III ■■■ ■■■�■■■o ■■■■■■■C��.M�■1'lli�/11r111.,A■�WER00"WOR■ ■�■■■■■■■■ ■■N mom MM0111M■O11■I \!■■■■■■■■■■■■■■ MEN ■■■■■■■■■■■■■■I NEON ■■■■■■■■■■■■■■■■■■■■I ,' vg ■■i%■■O■■■O■■■O■■■OO■NNO■■■■■N■I . ■■■■MOO■■■MOO■■■■■■O■■■MOO■■■EMM■I ■■■■■MOO■MO■■■■■■■■O■■O■■NO■EO■■NEM ■■NE■■EE■EM■OM■■■■MOM■■■ OMEN ■■■■M■I =■O■■■ NONE ■■■■M■M■■ME■ ONE ■O■■■■■■NMI ■■■■■MOO■�■■■�■■O■■■O■■■O■■O■■O■EI ■■■ii■■i WRAIMM AIL'�SiMARPROM■■MOM■■EINIZ�EEMEON-MMEMEMMOMME�■ ABM■OEOOI ►711�1 QOI � ��I�Ic ■■rN ■NEE■ ■E■EE ■E■EENE�i%■EEM! 31EEii�Ill! ■ME■MME■O■■■■O■M■NEE MEM■■OL"1■fM•M01 ■�■M■■O■■■■■OOEM■■■E■■MEMO■■O�1■\<N�I _ „�►�■■M■MOO■■■■O■■■■■■■O . M■■E■OE■■■■■MO■M■■■■OOO■■MOO■�IOM���; ■�O■■■ON ■NO■■■OO■EME■OO■■■E■l I■■■■■I ■■■■■■■1� I�MOO■■■ONES■M■ ■MMMMI 1■■MMMI mmo ■■■E■AHME■■EN■■■■EMM■M■■MMHI M■■MI ■■■■MMEME■EM■■■■■■■■MEM■■0112MM■■I ■EMOINIM■NI■I �MN■■■■■■■■■■■■■■■■■ ■■■■ !1■■ MI O�■MOO■■M ■■■■■■■■■O■■EM■■■■tl■OO■I ing permit maybe required by: ,(3'QN,✓fc✓i<,e (Oa 1 .. ❑ See note on back regarding River Basin i G-.L - -J - m . _ 1 D _ _ J -1 1 J A SMITH INC 7e4S366007 01/11/11 10:10pm N.i P. 001 CIVINVA MA NCDElIR North Carolina Department of Environment and katurat Resouroes Division of Coasts# Management heel F_ Easley, Governor .lames N. Gm9son, Director Wh%m G. Rosh.. Secretary Authorized Agent Consent Agreement _a 1 �„ 5117 , 1- is hereby authorized to act on my behalf 7 (PYM"d Wnme of aysn8 der to obtain any CAMA permit(s) required for the property listed below. The authorization is limited to the ;ific activities described in the attached sketch. :ATION OF PROJECT: e s'f Z} 1, 16 A (f ` IPERTY OWNER MAILING ADDRESS: )o gj ---�-- i4urs /V(!f PHONE NO. Z,;2:Z /O MORIZED AGENT UA-1UNG ADDRESS: ►ature of Property Owrwer-. iature of Authorized J PHONE,MQ. Date: 127 Cardinal Drim Ext., Wilmington, North Ca lina 2t1405-ZW r.T wr / CERTIFIED MAIL RETURIN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER STATEMENT adjacent to ,� r' S /,i 1-4 Is I hereby certify that I own property J (Name of Property Owner) property located at (Lot, Block, Road, etc.) ' r N.C. in on ��LJQ i✓, (Waterbody) (Town and/or County) Applicant's phone #: 71,0 - �/ 70 - �/oS__.£_ M g Address: 2 r0,0 ���A�� N— 57 He/She has described to me as shown below the development he/shffpr posing at that location, and I have no objections to the proposal. --------- —---------- --------------------------- --- --------- -------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (Individual proposing development must fill in description below or attach a site drawing) SPA 3u /l4' he,;J if you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writin within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext. Wilmington, NC DCM representatives can also be contacted at (910) 796-7215. No res nse is considered the same as no ob ectlon if ou have been notified b Certified Mail (Prope Owner Informatio Si at Print or Type Name ,o D /3ox SS"o Mailing Address N, City / State / Zip I (Riparian Property Owner Information) Signature/ vi/,4 Zv e- Ge Print or ype Name 004 d•x �y�s�' Mailing Address 74 N c z City f State / Zip dP i w !J50'/l rn 7 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to �/''�!"' Is (Name of Property Owner) property located at (Lot, Block, Road, etc.) one[/t/` tJ�2J �de�/,in--,N.C. (Waterbody) (own and/or County) Applicant's phone #: 11A-! G Mailing Address: E�rilNOr ,S T S �✓ y� Z He has described to me, as sho Arn below, the development he is proposing at that location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by property owner proposing development) (Information for Property Owner Applying for Permit) 4, /*?8x S10 Mailing A� dress City/State/Zip (Riparian Property Owner Information) i ri/ / ) // 1 / DLL . In. il /117 Signature �10RA C/i/ Print or Type Name 0Y 675557 Southport Realty Inc. 3795 Sunset Harbor Road Bolivia, NC 28422- Phone: 910-457-6401 Office Fax: 910-457-6406 aprll@southporl-really.com OFFER TO PURCIIASF AND CONTRACf - VACANT LOWLAND fConsult'•Guidclines"(form 12G)forguidanceincomplelingthis forni) 09:30:47 p.m. 01-08-2011 1 i8 ME- This contract is intended for unitoproved real property that Buyer will purchase only for personal use and does not have 11111edialc plans to subdivide. tt sbould nor be used to sell property that is being subdivided unless lire- property has been platted, -or•rly ;pprovcd and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale volvcs the construciion or a new single family dwelling prior to closing, use the standard Offer to Purchase aml Contract ---New anstnachon (Form MJ-Tl or. if th& construction is compieled. use the Offer to Purchase and Conirrtet (Form 2-T) with the Noty Lmsiniclion Addendum (form 2A3-T). X valuable consideration. the receipt and legal sti iciency of which are hereby acknowledged. Buyer offers to purchase and Seller wn acceptance agrees to aeli and convey the Property on the terms and conditions of this Offer To Purchase and Contract and aoy idendum or modifietilion made in accordance wilh its tenor (together flit "Contract"). TERMS AND DEFINI UIONSr The talus listed below shall have die respective meaning given them as set forth adjacent to eiich ,o. tad 'Seller": Carol J Glowacki ito '►luyer': Donna Smith to "Property": the Pmrttsly <hall include all that teal estate described below Iogether with all appurtenances thereto inciudiny the iniproverwills homed lliemon. Street Address: Bankside Lots 13, 14, 15 _ City: Bolivia Zip: 28422 County: Brunswick , North Carolina (NOT(?: Governniculat authority over tuxes• zoning, school districts, utilities and mail delivery may differ from address shown.) 1-cgal Description: iComplelc ALL applicable) Plat Reference: 1.40/Unit Block/section Subdivision/Condominiura . ai drown on Plat Bonk/Slide at Pagc(s) _ the PiN/M ur other identification number of the Property is 2010003612, 2010003613, Ocher description' 2010003614 L. 13, 14, 15 S-A Hattie Greer Plat w/189 Sontc or all of the Prrtperiy may Ix described in freed book 2700 at Page0035 (d) 'Purchase price' S 12000000 paid in U.S. Dollars upon the following terms: NIA BY OUE DILIGENCE FEE made payable to Seller S N/A BY INITIAL EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph HI) will, Ibis offer by Cash i- persotal check I- official bank check other: rtla S _ 2,500.00 BY (ADDITiONAL) EARNEST MONEY DEPOMT made payable to Escrow Agent named in Paragraph Q0 by cash or immediately available funds such as official bank check or wire transfer to be delivered to Escrow Agent no later than 3 days from acceptance . TIME HUNG OF THE BSSENICE 'Willi regard to said dale. n1a BY ASSUMPiION or the unpaid principal balance and all obligation; of Seiler on the existing luao(s) secured by a deed of trust on the Pretpcny in accordance with the athtched Loan Assumption Addendum (Standard Porm 2A6-T). 5 n/a BY SELLER FINANCING in accordance with the auached Seller Financing Addendum Page 148 STANDARD FORM I T Resised 1/2011 North Carolina Association of REALTORS®, Inc. () t/20t t eRFtARrnaY: Apn Twinfl.U,Sretcr,RnR,r. AAR 11•{,tea^-a{i51: Y k1!.•i ir:liz�e_ Rrtfru lr�C:Wlf. fl:akralts� 5,C� . ttrg�.,tJ w. �Sfis Stra��i.S:1c Rr: =�fr: i575557 10:33:16 p.m, 01-08-2011 318 (Standanl Form 2A5-T), S 117,500.00 BALANCE of tlio Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan) ihoufd Buyer full tit tielicer cithcr (tic Due Diligence Fee or any Initial Eames' Money Deposit by the Effective. Date, or should niy check or other funds paid by Buyer be dishonored. for any ivason, by the institution upon which the payment is drawn, Buyer hall have one (1) banking day afier wrillen notice in deliver good funds (o tite payee. In the event Buyer does not timely deliver cod fund:. Seller shill have the right to terminate this Contract upon wrillen notice to Buyer. :) "F,arnes( Mont-3 ikpusit": "[ice Initial Earnest Money Deposit, the Additional Eamest Money Deposit zinc) any other earnest krni" paid in sortie; [it'll with (Ills Iranlatc iou. hereinafter collectively referred to as "Earnest Morey Deposit", Shall be depnsked nd held in escrow hi Lwfow Agent until Clo>;inS, at which time it will be crtdifed 10 Buyer, or until this Contmc( is otherwise :rminale& lit the ctviw 11) Ibis offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Esrneet foney Deposit shall l,c refun<lctl fit Buyer. lit the event of breach of this Contract by Seller, the Earnest Money Deposit shall :Iandcd to Buyer o;xrn Buyer s request, but such relum shall not affect auy other remedies available to Buyer for such breach. In le event of hrc:101 ++t Ibis Cuntt'th't by Buyer. the Et>mesf Money Oepusit shall he paid to Seller upon Seller's request as quidated damage+ mid is Setter's sole and exclusive remedy, for such bre:Ich, but without honing Scller's rights undo, ntugraphs 2(e) and NO for damage to fhc Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the artocs that payment +d the Earnest Money deposit to Seller in the eleol of a breach of this Contract by Buyer is compensawry ill not punitive. such an oullt belnsn :t reasonahie estimation of the actual loss that Mier would incur a, a result of such breach, he payrucnr of lot• F:tni2cf Money Depntit (a Seger shull not conslitute a penalty or forfeiture but actual compensation for 7Ber'i antieip+tcd htas. troth pailiea '"nowiedging the diffreully determining Seller's actual damages for such breach. if legal txccding::trs bnlu Ill by Btrycr or Seller against the oilier to recover the Earnest Money Deposit, the prevailing party in the 'm:eeding shall to cntilted to recover front the non -prevailing party reasonable attorney fees and cowl costs incurred in mneation with tilt pnxredmp. I " hseroiv Agent" (insert name): Southport Realty, ine. iOTE: In the cvoni of it dispute t.vlwccn Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a rented real estate broker ("Broker-) is required by sure law (and E.urow Agent, if not a Broker, hereby agrets) to retain the truest Money Depn.it in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a wrillen release from the irlies consenting in its disposition or until disbursement is ordered by a coup of competent jurisdiction. Alternatively, if a Broker holding the I34+nit•<i Morley Deport. (tie Broker may deposit the disputed monies with the appropriate clerk of court in cordance with file revisions of N.CG.S. §93A.12.) IE PARTIHS A691+- THAT A REAL ESTATE, BROKERAGE FiRM ACTING AS ESCROW AGER"I' MAY PLACE'171f_ 1RNLST MONLIr DEPOSIT IN AN IN'ft-RFST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED IFREON SHALL BE DISBURSED TO THC ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES CURRED BY MAiMTA1NING SUCH ACCOUNT AND RECORDS ASSOCIATED T14FREWITH. t "Effective Date- 'lice date that: f 1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer. trig. and (2) such.ietting or initialing is communicated to the party making the offer or counteroffer, as fine case utuy be. 1 "Rue Diligence"' Buyci's opporwnily during fist Due Diligence Period 10 investigate the Property and the transaction alemplaled by fhis Contract. including hill not necessarily limited to the maftem described in Paragraph 2 below•, Iv decide ciher Buyer. in Buyers sole disc•relimi, will proceed with or terminate the transaction. "Rue Diligence Fed': A negotiated aniount. if arty, paid by Buyer to Scfkr with this Contract for Buyer's right to conduct Due !igence during the Out! Diligence Pericxl. It ,hall he. the prapeny of Seller upon the Effective Dare and shalt be a credit to Buyer losing. The Due Diligence Fax shall be nun -refundable except in the event of a ma(crial breach of this Contract by Seller, or if s Contract is icrmivated under Paragraph 60) or Paragraph 4. or as otherwise provided in arty addendum hereto. Buyer and !Ter each cxpiessly traive any right That they m:ly have to deity the right to conduct Due Diligence or to assert any defense as to enl'areeabilily of fhis Contrim based on the abs"tixe or alleged insufficiency of any Due Diligence Fee, it being the intent of parties to create ,r Icgally hinding contract for the putchase and sale Of the Property without regard to the existence or aroottni in) = Due Diligence Fr.. -Due R1094trice Period The period beginning on the. Ef edivo_ Dille_ and extending thrOugh---sm- p.m: -on- __....__ VUF BEING OF T1fEWSSBNCrs with regard to said date. "Scildement•": Tlw proper execution and delivery to the sciffemenf a$CnI Of all doctinlents necessary to complete the r,rclioti coolempl:ded by flits Coionm, including the deed. sctlkment statement. deed of trust and oiber loan or conveyance untcnls. unit the Villement afield . receipt ofall funds necessary to complete such trunsaNion. Page 2 of 8 �< � .. _... _ �el)zr nti t<_ STANDARDFOR-Al 12-T n'. +tulUt..:n-raid. Nr-:..: ¢,:lryr..16N trHb311 ktf;rt PAL Reilsed 1/2011 ..;� t R.aYa:(%. 3i•o,r. x;.�ur.0 4. tie n;+u;.r.4M:).er R<+!'fx. 0 1/2011 5675557 10:32:11 p.m. 01-08-2011 2/8 (1) "Settlement Ualc . The paltics agroc Ihai Scticment will take place (in Match 15, 2011 tine 'Setlemrnt Datr ). miles( oihcn+'isc agtred in writing, at a tithe and plr,rr designated by !toyer, '- (m) -CIO-sing-: The Ieal process which results in the transfer of title to the Property from Seller to Royer. C'losiug include. he the fullo+cing steps (1 t the Seulcmem (defined above): (2) the completion of a sausfactoty title update to the Properly fo)IoK itrg the Senlement: 0) th; .enlenknt aeent's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropAum coonly registry of Ill: deed(s) and decd(s) of trust, if ally, which shall take place as soon as reasonably possible for the aeltelnent agent alicl Settlement. Ripon such recordation of the deW(s) and deed(s) of trust, if any. Closing shall be deenned completed and the jmkx:ceds of sale .hali be disbursed by the senlemcol agent in accordance with the settlement stalernem and tt pmtkirsns Of Chapter 45A of the North Carotins General Statutes. if the tide update should reveal unexpecied liens, encumbrancer( or other title defect, or if the settlement agent is not authorized to disburse ail necessary funds, then the Closing (hail twe cuipended sad the Setitemcni deemed delayed under Polygraph 10 (Delay in Se(dernenNCi(ising). (n) "Special Ass"snrr•nts•': A charge against the Properly by a governmental authority in addiiion to ad valorem taxes m by an owners' asit)ciali.-m in addition to any regular assessment (dues), either of which may be a lien against the Property. A Speciaf Assessmeni may he either proposed or crmfirmed_ '•Prolrosed Speclaf Asscssmenf': A Special Assessment ihal is under formal consideration but which has not been aPlxoved prior It, $eltlemer:l. "COnfirnrcd Special ass0smeol A Special Assessment that has been approved prior to Settlement wheihcr Or no( it is filly payable at time orSeoicnleM. BUYER'S DUis DII.i(iliYCt3 PROCESS: (a) I-OuW Miring the that Diligence Period. Royer, at Buyer's expense. shall be entitled to pursue qualification for and approval of the Loan if any. NOU: Buyer is ad%iccd to consult with Buycr's lender prior to signing this offer to assure that IN Due Diligence Period allows ;uftieiem time for du appririsal to be completed and for Buyer's lender to provide Buyer sufficieni information to deci('e whether to proceed with nrn'nournde Ilse Iransnctinn. (b) Properly investigation: During the Due Diligence Period. Buyer or Buyer's agents or representative%_ at Buyer's expense, shall be entitled [n cordial all desired tests, surveys, appraisals, investigations, examinations and inspections of the property as Buyer deems approixi:ae, includitrg but NOT limited to the following: (i) Soil, Willd" And Friviroomental: Reports to deienninv whether the soil is witable for Buyer's intended use and whether there is any 01%myimental contamination, law, rule or regulation that may pmhibil, restrict or liatil Buyer's intended list, (ii) Septic/SMCC System.' Any applicable inves(igations) to determine: (1) the condition of an oxisting sewage system, (2) (he cods and capenscs to in+tall a sewage system approved by ;in existing Iniprovcnlent Permil. (3) the availability and espensc (o connect m ;t public nr ronnulnity seller system, and/or (4) whether an Improvement Permit or written evaluation may be ohiaincd front the County fic:dth Dcpanmcnt for a suituhle ground absorption sewage systent. (iii) Water: Any applicable hrvcstigotion(s) io determine: (1).1he.cotdition of an existing private drinking water welt. (2) the costs and exImINLs 10 inshdl u private drinking water well approved by an existing Conslruellort Permil, (3) the availability, Cosls and expcmc% to connect to a public or community water system, or a shared private well, and/or (4) whether a Cominiction Permil may be nlAained from the Courtly Health Deparilncrt far a private drinking water well. (iv) Review of IoCuments: Review of the Dcctaralion of Restrictive Covenants. Bylaws, Articles of to orporalior, Rules and Reg+lotions. and vthcr governing docunn;nLs Of any applicable owners' association and/or soWivisioo. If the Property is .ohject to re tul.;tinn by an n%aners' association, it a rocummendcd that Buyer review the completed Owners' Association Di.chosule Aud Addendwil (Standard Pomi 2A 12-T) prnvided try Seller prior to signing [his offer. ivi Appraisals. Ali appraisal of the Property. Survey: A snrtey to determine whclher there are ally encroachments on the Property from adjacent properties (fences. driveways, cit-.r cocrixicbu -rus (corn the Property onto adjecerit properties, mad or utility easemenis crossing the property. Inek of legal ;t:c.as [o a public right•of-way, oir indefinite or erroneous legal descriptions in previous deeds to the Prolrerty. (vii) Zonhig and Gnrernmtntal llegulalle": latrtsstigation of current or proposed inning or other governmental regulation dial may affett anxvr"s inkn" use of the Noperly, adjacent laud uses, planted of proposed road Construction, and sell, )I auerxiaiiec zixles. - - '%iii) Flood ilezard: Iave<tiration of prrlertial hood hazards on the prupzny, and/or any requirement to purchase flood insuiane. in Order to obl:,in the Lorin. Page 3 of 8 oliois _ S:nrvin;r::As _ STANDARDF'OR:\I12=l :oer:arat-k-*.rl,n f,r.Na:hgANA ,? urrdnr:IsnPsr.� Revised tl2011 y;la.R�@U.\i"%.:....,:;""aL7J,.•:(triotluyn.].era a uzol) 6675557 10:34:26 p.m. 01-08-2011 418 (c) Buyer's Obligation bt Repair Damage: Boyer shall, a( Buyer's cxpensc, promptly repair any damage to Ate Propen). resulring from ally ;n-n(ilies of Buyer and Buyer's agents and cuntraclors. but Buyer shill not ii, responsibl ce for any damage aUsed by aeceptal prutices appli<ablc to any N.C- licensed professional Worming reasonable appraisals, tests, surveys, examinations and irtspsttiuns of the 1'nrpzny. This repair Obligalioa shall survive any termination of this Contract. (d) Inderrinftr Buyer will inu(enmiry .Ind hold Seller harmless from all loss, damage, claims. soils or cos(s, which shall arise otu of any contract. a rixYt?Cat, or injur) In, any person or property as a result of any activities of Buyer and Buyer's agents and :ontrasnxs relating to the Properly- escrpt for any loss, darnage, claint. suit or cost afkutg out of pre-existing condi(ians of (he �'FoNriv andlor out lot Seller', ncetig ermuL%lion hereof. aice or willful acts or om's-%; .'this indemnify shall survive this Contract and any e) Bmyer's Right lu'l crminate: Buyer ;►Lail have the right to terminate this Contract for any reason or no reason, by delivering u Seller wriitrn to(ice of rerruin:rlinn (Ate "1'rrniinatiuu Notice") during the Due Diligence Period (or any agiecd-upin written �stcusicn of the Due Difieelrce Perutil). TWE BEING OF THE ESSENCE. If Buyer lintcly defiver.- the Termination Nolive, his Contract shalt to Ieollinalcti .utd the Eames( Money Ihposil shall be refunded to Buyer. NARNINC: If Butrr i, rot �ill"f'rcrl w]Ih the results m progress of Buyer's Due Diligence, Buyer should terminate this Cnotrec(, Won ro the erpirrrrarr of the Dec Dili enre Periort unless Buyer curs oblein a written extension from Seller. SFLLER IS NOT )bLiGATED TO GRANT AN EX VENSION. Ruyer'x failure to deliver a Terntinali(m Notice to Seller prior to Are expiralion of ie Due Diligence Peeinol shall corn(itute a waiver by Buyer of any right (o lerminale this Contract based on any waiter relating Ic Buyer's Due Diliccocc. iOTK: Followiry lire Due UilitcnrC Period, Buyer may still exercise a fight to terminate this Con(raci for any other reason ermined under lite icnus of this Contract or North Carolina law, Ci.OSING SHALL CONS')ITUM ACCEPTANCE Or 71-19 PROPERTY iN ITS Ti1EN EXIS"I'fNC CONDITION :Yf_1{SS PROVISIONIS OTI1100VISN 11ADE IN WRITING. ;VER REPIMM IATIONS: Loan. Buyer ' thxA r- dues not have to obtain a new loan in order to purchase the Property. if Buyer is obtaining it new an. Buyer intend, ru obtain a luau as rullows: I Conventional f Other: N/A aIt at o ! Fixed Ratc AdjusLthlc Rate in the principal amount of NIA lOr a Iran of yeur(s), at iuflial imciest rrtc not ru excced WA per annum (the "Lrwni. DTR• If Buyer repwserils that Borer does not hate (o obtain a new loan in order to rchase the P Pu rr>peny_ Seller is advised, or In sieving dtis nrlcr. Iu rblain documentation from buyer which demortsirates that Buyer will be able to close on the aperty without Ihr• ncccssily of obtaining a new loan, i Other Property: Huycr ` doe::: does not have ro sell Of lease other rear propeny in order to qualify fnr a new loan of Ire nrplcte purchase. (NOTE: If Buyer dues hate to sell. Buyer and Seller should considzr including a Contingent Sale Addendum andard Form W-T) with Ihis order.) Pcr(nrmanot of Ho'ier's rinnnrinl Obllgsilnns: TO the best of Buyer's knowledge, there are no other circuntsiauces or xthions existing :o, of the duic or thi. offer that would prohibit Buyer from pcifornting Buyer's financi2l Obligations in urdancc with this Contract, exccpr as may be Apecifically se( forth herein. VER OBLIGATIONS: Owners' Assoclalion FceslChargcs: Buyer shall pay anv fees required fix confirming account lyyrncnI infmmalion on nersassociation din`, or assessuten1% for payment or proralion anti any charge made by the owners' association in connection It the disposition of the Prir idly In Buyer, including any transfer and/or document fee imposed by the uwners' usi(kiatiun. ;cr hall nor he responsible (or fees incurred by Seller in cotnpleling the Owners' Aksociution Disclosure and Addendum rndard Form ?A 1 '-1'). Responsibiltly, for Proposed Special Assessments. Buyer shall take title subject to all Proposed Special Assessments 'los.d by Seiler in Paragrgth 5(h). it'any. Respwrsihllily lirr Certain Cams, Buyer shall be responsible for all costs with respect to any luan obtained by Buyer. raic(al. title search. lake iR9iralk-C. _recording the deed and (of (xepatntiun and recording of all instrunrentA required to secure the acc or the f'orehu>c Mee unpaid rd Settlement LRR R6:PRF:Sr:\TATIONS: )wuenhipi: Seller rcprtscnts that Seller: Pagc.4 of h .- SriF;rirrit6h_- - ,.�. _ STANDARD fORttf I2•`I' r IVI17:rA:r1►.rL RCyrr(YI 1/2011 qrr [e>rv..;ri> in.z; r.:r.,-.d •.. fv*', nay.. twann Yr.ty r._ iD 112011 rti75557 10:3S:26 p ln> 01-0—M i SN K^ uvT:ed the Pnipcity for al IC. sl tine year. has .iwncd the PmpcCIV lot- kse (ban tare year. drr-s not yet own the Properly. (b) Assessments: To 11w best of Seller's knowledge there are no Proposed Special Assessments except as follows (Inwrf "Nonc" or dx identification of such assesrouents- if any)' If any, to be paid by sellers Seiler worrani. that dt, is are no Comftn ied Special Assessments except as follows !Inset! "None" or the identification of such mse«nients. iron) ), NfA (c) Owners' Associalian(s) and Ducs: To best of Seller's knowtedgc. ownership of the Property F subjects r does not Aubjcct Buyer to regulation t.v tine or more owners' aiso:imion(s) and governing documenis, which impose various mandatory covenants, ccnrdnions and reitricuuns upon Ilse Property and Buyer's enjoyment thereof, including but not limped to obligatiops to pay regular asicstmenis rdacy) and Special Assessments. If there is an owners' association. then an Owners' Association Oiwlosure and AdJendnni (Standard Foust 2A 12-T) .shall be completed by Seller, at Seller's expense, and mull be attached ai an addendum to this C:owracc % (d) Sewage Sysiem PermB: i Applicable ` Not Applicahlc) Seller warrants that the sewage system described in Ilse Improvement Permit ,ulUclrcd hereto bat been installed, which reprewiltation survives Closing, but makes no further rpresentalions as m di system. (c) Private Drinking Willer Well Permit: ( Applicable F-` s'oi Applicable) Seller wartenis that a private drinking water wolf has been instaiNe(t, which representation survives Closing, but makes no further tepn.senlations as to the well. (If will installed after July I. 2008. owich improventem Permit hereto. SELLER OBLIGATIONS: (,t) Evidence of'fitlr' Seller agiccs to Ric lest efforts to deliver to Buyer as soon as reasonably p*ssihle after the Effec(ive Dade, copies of till title infilmialinn in possession of or available to Seller, including but not limited to; title insurance policies, attomcy's opinions on title. unr)s. covenants, deeds, notes and dectis of Irmsi and eascnxnls relating to the Property. Seller authorizes (i) any attorney prewnill or previnusily representing Seller to release. and diwlose any title insurance policy in such attorney's file to littler and both Buyer's and Sellct', agents and attorneys; and (2) lire Property's title insurer or its agent to release find disclose all material:% in the Propeny's title insilivi's (or title insurers agent's) file to Buyer and loth Buyer',; and Selter's agents and attorneys. lb) Access to Properly: Seller shill provide reasonable access to the Property (including working. existing utilities) tluough the earlier of Closing or pnisscssion by Buyer. To the extent applicable, Seller shall also be responsible lot timely clearing that portion of the Property required by like County In perform tests, inspections and/or evalua(ion: to determirie the suitability of the Piapert) for : sewage system aluVor private drinking wilier well. fc)'Remova) of Sclfrr's Properly: Sciler .hall remove. by the date pvssession is made available to Buyer, all personal property wbich is not a pail of the purchase and all garbage and debris from The Property. (d) Ailidavll :rid Indemnification Agreement: Seller shall furnish tit Selllcnient an affidavit and indemnification agreernenl in Form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seiler and any parson or entity -who less performed or tioroislied laboc, sett ice:. matcri;tli ur lento) equipment as described in N-C.G S. t+IA-8 to the Property within 120 days prior io the date of Settlement scrifyine that each inch person or entity has been paid in full and agreeing to indemnify 13u)er, Buyer's lender(si arnd Ruler', title insurer against all loss from any cause of claim arising iherefrom- (e) Nyment and Satisfaction of Hens: All deeds of trust, livens and other charges against the Property, not assumed by Buyer, must Ix paid and <nfisfttf by Scllrr prior to of at Setflemeni such that cancellation may be promptly obtained following Closing. Seller shall remain ohlie:ucd to obtain any such cancel [it io-i i following Closing. 11) Title, Legal Aeecss Seller shall execute and deliver a GENERAL WARRANTY DEED rot the Property at Seittenicut unless olhem-ise styled herein. which shall convey fee simple marketable and iniurtble title, hce of all entumbrun es except: ad valorem trice for the current rear (proralLd diroogh use date of Settlement); utility casements and unviolated fes(tictive covenants that do not materially affect 1110 t.tloe of lie Ptupcity; and such otlicieticiambrmscas as may be asstmrcd or specifically approvers by Buyer in writing. The Prole uy moil have legal access to a public right of way. NOTE: If and sole of the Property tnay be a "stints sale," cimt idera(ion should be given it, attaching a Shoff Sale Addendum (Siartdard Pxxm 2A 14 Tl ai im addendum to this Contraet. Page S of 8erinitnrts1 ;;V111r>nitij1. _ ` STANDARDFORM J2-T •waev!Ap:,rrnnrrt,e.�...Ih:*-.roa Lr^11):IS;�3PN1 Revised1!.fl11 +� tom.Arall k>ti.N*�.,Yi.a-..-R:,-.:.+Nn+rNr:cil.�..yr.. l.vt;r r, a>.r<t t.. zD I/1Ull 675557 10:36:27 p.m. 01-08-2011 618 tg) Deed, Excise •lases: Seller .hall pay for preparation of a deed ;tad all other documents necegsary to p-:rform Seller's obligatums under this Contract, and for state :and county excise taxes required by law. The deed is to be made to: Joe & Donna M Smith husband & wile IN Agrcemcnl to Par Bu)cr Fspcusr_`: Seller shalt pay at Seulenant 5 IVJA toward any of Buyer's expenses associate,! with the pstrduia c of the Pope rty, less any portion disapproved by Buyer's lender. NOTE: Example, of fioycCexpenses associaled with the purchase of the Property include, but are not limited to. discount points. Ivan origutativa fees, sppi-aisal fcas, attorneys fees, inspection fees, and "pre -pails" (taxes, insurance, owners' association duce, c1c.). M payment of Confirmed Special Assessments' Seller shall pay oil Confirmed Special Asszismews, if any, provided that the amount thereof ran iw reasonably dcrctinined or csunt:tted. (j) Late Listing Penalties: All property tax laic listing penalties, if any, shall be paid by Seiler. (k) Ownero' Assuciotion Disclosure rind Addendum (Standard Fonn 2Al2-T): if applicable, Seller shall provide the completed Owners' Amoeialio o Disclosure and Addendum (Standard Form MITT) 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 obligation-, under this Paragraph 6 or Seller atalcriaily bre:iches this Contract. and Buyer elects to terminate this Contract as a result of such failure or breach, then the Fanr.N.t Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer Ot` reaionahle coats :ktu:dly incurted by Buyer in Connection with Buyer's Due Diligence without affecting any other remedies. PRORATIONtS AND AD,!(I.S'1'Xtt(NTS: Untcss otherwise provided- the following items shall be prorated through Ilse date of ollcwint anti either adjus(cd between the parties or paid at Settlement: N) Taxes at; Real Property: Ad v:Oorent taxes on real properly shall be prorated on a calendar year basis: If)) Rents: Rents, ifanv. for the Pmperty: (c) DuN: Owrters' aN,�ooation regular assessments (dues) and other like charges. CONDITION OF I'ROPN.RTY AT CLOSING: ilia Property muff be in subsinntialty the same or better condition at Closing as i the date of this offer. rra,onabte wear and [car excepted. RISK OF LOSS: 'I he risk of loss ur damago by fire or other casualty prior to Closing shall hz upon Seller. If the improvemems on e Prupeny are destroyed or materially d:unancd prior to Closing, Buyer may terminate this Contract by written notice delivered 10 :lieu of Seller's agem and Ow Earnest Morey Deposit and any Du;. Diligence Fee shall he refunded to Buyer. In the evert Buyer does OT alter to terminate this r_ontrio. Buyer shall be entitled to receive, in addition to the Property, any of Seiler's insurance proceeds iyable. on accotnn of tie d,mage or dcstnxtion apphcablc to the Propcny being purchased. Seller is advised not to cancel existing :urance-au the' Pruperty until after confirming recordation of the deed. 1. DELAY IN Sfsl"fLt;A1f1'IYCLOShN(i: Abwm agreement to ilia contrary in Otis Contract or any subsequent rmxtiGeation cicto, if a parry is unahle In complete Seui•:nrem by the Settlement Date but intends to complete the transaction and is acting in gux ith and with reasnnablC diligence In proceed to Settlement ("Delaying Party"), and if The other party is ready, willing and able IQ oiplcic Settlement on she Sculement Date (" Non -Delaying Party") then the Delaying Party shall give as much notice as possible to e Nun -Delaying Party ;md senkment aicm and shall be entitled to a delay- in Settlement. If the parties tail to complete Settlement and 4)sin- within fourteen i 14) days of the Settlement Date, or to further extend IN Settlement Date by written agreement, then th^ ,laying Party shall he in breach ;end the Nun -Delaying Party may terminate this Contract and shall be entitled to enforce any remedies ailable to such Ixu'iy undo this Contract for the breach- . POSSFSSIO'g: tbdess otherwise provided hcrcia, possession shall be delivered it Closing. No alterations, excavations, irce or gciaiion removal or other wch activities may he done before possession is delivered. OTHER PROVISIONS AND CONDITIONS: CIIECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS .)NTRACT, If- ANY. AND AITACII HE'RiiTO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT. IF ANY, AND i'TACH HERETO. ;)TE': UNDER NORTH C'AROLINA LAW. REAL. ESTATF BROKERS ARE NOT PERA11-VFFD TO DRAFT CONDITIONS OR )NTINGE NC1ES TO THIS CONTRACT. Additional Provisions Addendum (Foi-M zA►1-T') Loan Assumption Addendum (Form 2A6-T) Baca: -Up Contract Addendum (Form 2A I-T) Owners Asses^iasion Disclosure And Ardendum (Fenn "2A 12-T) Connivent Sale Addeudtim (Form 2A2-1) Seller Fnancing Addendum (Fort 2AS-T) Short Sale Addendum (h'omt 2A 14-T) ere i ;iPage h of 3 ti:'� ...-_.... S:r<r;Rti�t. � j�(� T STANDARD FCIRYi 12•"1' Revised 112011 Psarun, iy nvv .tA.!48��` t�• j.�aiirn�5�1 Pi+: F1r.,; t� 0tt2t)1 I 5675557 10:37:30 p.m, 01-08-2011 718 OTt IER 13. ASSiGNMLNTS: 'Ihiz Contract may not be assigned without till wril(tu consein of all p:ulics except in connection with n lax - deferred exchange, but if assignal by ngrecotenl, lhen this Contract shall be binding on the %licces%trS- assignee and assignee's hors and Id. TAX-DEFF.RRI;D FXCNAN(;L- In the evcn( Buyer or Seller desires to effect a lax -deferred exchange in connection with the :Oirveyance of the PropenN. Buyer and Seller agree to cooperate in effecting retch exchange: provided, however, that the exchangill_ k tarty shall be reipxt.ible f.x all additional costs associated with such exchange, and provided further, that a non -exchanging pany shall 1,31 assume Any additional Irabilily with r.WO to such tax -deferred exchange. Buyer anti Seiler shall execute such additional Ikuntemx, including a"si_ iment of this COruract in connection therewith, at no cost to the next -exchanging party, as slant I>e rtquired o give eilect to this prat i>ion. 5- PARTIUS: This Cnntr;lcl shall he binding upirt altd :hall inure to the benefit of Buyer rind Seller and their respective heirs, uccemors and aesigm. As used herein, words in the singular iwkide the plural and the maxuline includes the feminine and neuter enders, as appropriate. 6, SURVIVAL: If any pioviquil herein coalained which by its nature and cffm is required to be observed, kept or perRuined after ie Closing, it shalt sue.-i�r tor_ Closing and remain binding upon and for the Denelil of the panics hereto until fully observed, kept or eff0trrled. 7. l NTIRF AGRh:F%IEVT: This Contract contains the entire agreement of file parties and there arc no representatia4s, uiucentenls or tither plot isinm Niter than those espressed Ilerein. All changes, additions or deletions hereto tnus( he in wrilinr and grteJ by all prrties, Nolhin • atnlnincd herein shall tiller any agreement between a REALTORO or broker and Seller or Buser as )wanted ill any hating agne'lien'- pryer xgcrrty agrcemerll, or any other agency agrecmatt between thent. C `01'ICF; Any nolics• or contutin ic,160n to be siren to a piny herein may be given to the i my or to such pany'i agent- Any fillen rwttec or commtutic000r, it, cunnecriort with tite Iranxnction contemplaled by this Contract may be given to a patty or a party'% 'eat by sending or transrnining it to any malting address, a -mail address or fax nunther .set forth in the ,Notice Inforrna(ion'• section -low. Seller and Brayer agtte that the -.Notice Infonnation" and 'rsrrow Acknowledgment" seetlons below shall not constitute a lwi ial pert of this Contract. and 1111.11 the addition or modification of any ""formation Ihcreirt shall not Constitute a rejection of an offa (he efcalion of a coonlemller. RXF,CUTIO,N: This COn llwl may to signed in mulliple originals or counterparts, all of which together constitute one and the Ilk,' im(roment, and the pailiei adopt as their seals The word "SEAL" beside their signatures below. COMPUTATION OF DAPS: Doles otherwise provided, for pury)Qses of Ibis Contract, the term -days" shall nxan conseculise loudar days, including Saturdays, Sundays, and holidays, whether federal. state, loeal or religious, For the purposes Of calrulalinp, I'+, the count of "day% shall beg -in on the day following the day upon which any net or notice as provided in Ibis Coniraei sx;rs phired lu Ix perforated or nude. IE NORTH CAROLINA ASSOCIATION OF REALTORSI), INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE 1 RE -PRESENTATION AS TO THE LEGAL VALIDITY OR ADFQUAC'Y OF ANY PROVISION OF THIS FOI(hf IN ANY ECIFIC TRANSACTION. IF YOt1 DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR tUR LEGAL NEEDS, YOU, SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY IIEFORR YOU SIGN' s offers s ;ill hetOnte a ten: I g Ctxltnlet a the Effccticc Dalu. ;er (SEAL) Date nna SntitFt (SEAL) Dale _� 1 Carol J (ilowac i� 4 Pagc7of8 woliehlk sclt"immals .( WANDARDFORM 12=1' N�Il NS: tryq ArtrTrit 6nan. Ya.Na. ANY rrvynt-MMI►L Revised 112011 h-. Nil. P: e.r...� 4....,.-y ;:r„V r• dv" v u, ; . r,.,,.+<Y., te,�xt 1< 9) l/Zt11 I i675557 10:38:25 p.m. 01-08-201 t $18 NOTICE INFORMATION NOTE: INSERT THE ADDRESS ANOM ELECTRONIC DEI_IVeRY ADDRESS EACH PARTY AND AGENT APPROVYS FOR THE RECEIPT" OF ANY NOTICE CONTEMPLATED BY THIS CONTRACf. INSERT —NIA"" ANY WHICH ARE N04 APPROVED. HVVER NOTICE AUURFSS: Mailing Address-- Bttycr Fax it , Buyer Entail: ;Ef.LER NOTICE ADDRESS: ►failing A(kkess- iellcr Fox A Seller E-mail: WUJING AGENT NUFICE AUDRM =irm Now: Sot4hWn ReaftV hle. lcting as t ' Buyet s Agc~tn SOW s I+ub) Agent f--* Dual Agent Nailing Atkirmt: 1795 Sunset Harbor Road . SoMa. NC. 28422 tttli ideal Selling Agent: April Porterfield Acting as a Desig", ,%1 Dual Agent (check only if applicable) Jee"Se S: 228M _ telling Agent Plwnc a: 910442-7750 Setting Agent Fax#: 910-4574405 felling Agent E-mail: 8pr11®SoutIWorl-realty cwn .(STING AGENT NOTICE ADORMS: °inn Nantc: Southport Realty. Inc cling as Sellers Agent •4 Dual Agent lailing Atldre.-;: 27 N Howe Street. Soulhuort. NC 28461 ndividaal Listing Agent: April Porterfield Acting as a Dc.ignatcY1 MiA Agent Irhrck only if applicable) iccnse M.- 226644 isting Agent Plume 0: 910.200.7444 Lislinj Agent Fax#: 910.457.6405 isting Agent Is-mjil: APRIL@SOUTHPORT-REALTY.COM ESCROW ACKNOIVLED(iMKN7' OF INITIAL. KARNEST MONEY DEPOSIT 4crow• Agent acknowledges receipt of Ilse Initial FArrmst Monty Deposit and agrees to hold and disburse the some In ccordance with the the terms hereof. rate F1rtn: By. - - - (Signature) (Print name) Page 8 of 8 STANDARD FORM 12-T eeaaruar.Arw .n+uaa.r.r.w,r.aaR m>w+;7:+s-41PM. Rerlsedt/I011 1h.� ;.< M-01 5�cs s_t n...•w;,.a.:a.. to—>u�w.eva�.aarert+r fl 1/2011 licant: j c^� d A� Permit#: cribe below the HABITAT disturbances for the application. All values should match the name, and units of measuremen id 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 fina disturbance. Excludes any restoration andh temp impact amount) > [_ Dredge ❑ Fill ABoth ❑ Other ❑ ell 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 ❑ WAYNE SMITH & SON, INC. GENERAL ACCOUNT 910-842-6317 2800 ELEANOR DR. SW SUPPLY, NC 28462 PAY TO THE ORDER OF �°vc> DATE � - ( -' (/ BRANCH BANKING AND TRUST COMPANY 1-800-BANK BST BBT.com FOR_ "1,1' Qf' 11'0001,84S3110 l:053 1011211:0035 2133 ral,Sill 184 66-1t: 0