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HomeMy WebLinkAbout54091D - WigginsCAMA / DREDGE & FILL EN ERAL PERMIT Previous permit # New Modification ❑Complete Reissue El Partial Reissue Date previous permit issued rued by the State of North Carolina, Department of Environment and Natural Resources Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC /� / G' (/G [5ftles attached. t Name Project Location: County yi i e %C s SQ ? /7 C /9 SG� lQ (�� . Street Address/ State Road/ Lot #(s) L✓. I(" �71 State JYt ZIP # (2d �)5�/�- -Y.)- 2,7 Fax # ( ) Subdivision ized Agent s Z-,,/,yj? N' E City �� P/�.✓ L e /9� zip CW EW ❑PTA 'QfS ❑ PTS ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑ FC: yes / no PNA yes Lto _. Crit.Hab. yes / no Phone # ( ) Rir Basin a /, Adj. Wtr. Body(. Closest Maj. Wtr. Body �f Project/ Activity faL //9 re- 11'/ G a jock) length � t t Orono �4 x ( Scale:/ pier(;) length camber Bad/ Riprap length ivg distance offshore nax distance offshore channel :ubic yards amp ousel .ally Bulldozing .q � / 9 ' ine Length not sure yes (1v' tags: not sure yes no orium: n/a yes no s: yes 7— no r Attachedx yes) no ding permit may be required by: CCCig•✓ Z�t LP /i ElSee note on back regarding River Basin /17Q y - 1 ' /1\ . . _ i 11a i" /., - 11 1 iQ / 1 -71., e, r-7/ 1 09 04:13p Action Electric NMENR 7045455577 p.2 AGENT AUTHORIZATION FORM Date: ie of Property Owner Applying for Permit: Name of Authorized Agent for this project: . / 4-6 ; f /ins er's Mailing Address: %. • .S� • � 3 ie Number(?.&Sq,`—S�')'� 2d Agent's Mailing Address: A a. n ify that I have authorized the agent listed above to act on my behalf, for the purpose of applying A obtaining all CAMA Permits necessary to install or construct the following (activity): roperty located) at .ertification is valid thru (date) Pr erty Owne gnature Date 6 09 12:17p Jim Wiggins 704-545-5858 p.1 SiHIL U11L11Y CDNTR. Fax:704-282-0590 Dec 16 2009 11:10 P.02 !rV-9-2M 10:17P FROM:01B PU*4NING & INSPE 912-579-2940 T'0:1704S4S5e5B P.10 I?[ViSION OF -O Ta1 MANAGEWNT ADJACENT RIPARIAN PROPERI 4WME N'."CATIONIWAIVER FORME ?dame of Individual App?yirg For Permit l - ` Aj 5• Address of Property - r d 51- (Lot or Street#, Street or Road) (City aad County) I hereby certify that I own property adjacent to the above -referenced property. The individual apotving for this permit has de=bcd tome as shown on the attached drawing the development they are proposing. Ades/eciption or drnwin., with disneasions, should be provided with this le!t ✓ I have na objections to this proposal. If }Iou have objections to what is being prapose'd, please write the DivlsioA of Coa3t2i Management, 127 CnrdEnal Drive Extension, Wilmin;tec, NC 23405 or call 91Q-796-721i tivithin 10 datisof receipt of this notice. too response is considered the same as na objection if you have been notirted by Certified Mail. WAMR SECTION I understand that a pier, dock, mooring pdin;s, breakwater, boat h ouse or boat lift must be set bclk a minimum distance of15' frommyarea of riparian access- unless xruived by me. (If you wish to Avaive the,setback,),ou crust initial the appropriate beam; below_j 1 do wish to waive the ff setback'rcquirernent_ I do-Qt wish to waive the I d' setback requirement. k&gn Name Date Print Nary, goi-y& Cwl Telephone Number with Area Code MCDENR 6 09 12:18p Jim Wiggins 704-545-5858 p.3 STATE UTILITY CONTR. Fax:704-28/2-0590 Dec /16 2009 11:1C P.03 r q& k1 s; .3 J,t�, 1 �log 4(40� �D x it) 13 06 e v 4t, S 1 z4fj 5 09 06:11 p Action Electric STRTE U 11Ll I Y L N I K. rLax : !U4-Lt9L-UAW M,,,L o p rd S'-�- D I( 4tv fin r R I 10 a Pfer 4-----ors —T—— 7045455577 p.3 VM 14 LUll7 11 •JO r. va bd%iJ 0 - - &)'Ci ve.r .� 4-kA- r.-,q. )ec 13 09 06.42p Jim Wiggins 704-545-5858 p.3 NOU-9-2009 10:17A FRW:OIB PLANNING & INSPE 910-579-2940 TO:17045455e5S P-10 DJVISION OF COASTAL MANAGEMENT AnJACEtv"T RPARIAN PROPERTY OW1aRNOTIFICATIO�UWAZVER FORM Name of Individual Applying For Permit: J/rnaS 9- 71z/ G�G11l�j Address of Property_ / g 1A 3 rd (Lot or Strect #, Street or Road) (City and County) I hereby certify that I own property adjacent to the above-refereticed property. The individual applying far this permit has described tame as shown on the attached drawine the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. --L i have no objections to this proposal. If you have objections to wbat Is being proposed, please wrtte the Division of Coastal Management, 117 'Cardinal Drive Extension, Wilmington, NC 28405 or call 910-796-7215 within 10 days•of receipt of this notice. No response is considered the same as no objection .11 you have bees notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring piiings, break%ir.ter, boat house or boat lift must be se bek s minimum distance of 15' from my area of riparian access - unless waived by me. (Ifyot wish to waive the -setback, you Must initial the apprppri c blank below.) I do wish to wztvP the�setbacic equirernent. I do not wish to wai ive the 15' setback requirement. S ign Namc Date 13 09 08-42p Jim Wiggins 704-545-585B p.2 tee— elra-w,; Pf 1��r- 141j� Z.J. 3r-d -6�- 0/ n41YtL:)-- /-5-P aj.-,-f Vvj 'St ,L. 0-1 Ni A ry P BB&T 200 W. Sewnd Sara Winsb.rSoleal, NC 27101 ADDENDUM TO CONTRACT FOR SALE T1TIS ADDV"VM TO THE CONTRACT FOR SALE DATE I 209BCTWESND"T (SELY HR) AND T E Ilf"IRSIGINVID PART[E (RUYBRSI CONCERNS THE PROPERTY L(�� 1C .TED AT`c C f !'�� Sf. dC. «n �s/� II � 4 N ltuyre. Nss.r `\�'ITd1.16 Buyers N.rc: /�1.5 Scant City- — stm: Zip: IN THE LYBKTAIYY PROVISION OP THIS ADDENDUM CA)?fnJC1S DI WHOLE ORIN TART WITH 111E TT:RMB OF Tfl f COKIIUCT FOR SALE TO WHICH IS ArrACUIUX OB ANY ADIMKDA TO TIrE "WTRACIt TUA PRWSIORS OF IRIS ADDENDUM WILL PREVAIL UNLILSS SUCH PROVISMAS ARE CONTRARY TO ANY LAWS OR OTH" AMLICABLIC LEGAL. PROHIBITIONS, IN WTDCH CASE IRZ CONTRACT FOR SALE gtkL .150% X Y ONLY TO THE LIMITED CXTEKI' NDCES9ARY FOR COMPLIAATB WITH TTIE SAML tlrm/kr the Coeryact for Sate and the Addmdaa aAnll be rchv d to t.pthor .f the tsmtract 1. CID dh«tea.d0-TZIM 97 odr THS sS.%DfrCd rir. 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(It, "CItrN 11..e7• art (batrmt if aarntnadc.0ytattitw.4 sot; dr d1—hall rt-Wn any cams worry dtparit and acas+m iw as ipuldmil da—tac and the Stiln is �-AL—Op rdes"A from du abliystnn b.,H ti. pl prrty to tba B Wa. T.u:th> tba Sclin nor is rcfegcngtlw ohvl tea llab4 m the Htrycr tot �.y dmrwpea of .n> tvd u a tesuh taftbc 9e11_'c fiiluro te fdl and omry t1K ptgaty a Ptrye� 4ca tltc (^.ofist Il.tc In the erml of Shccr r i &.It and. It, tans+ (the Ctwa.Q or tf dtc 9dw icardntoa Ih. Caooea a patvidcd unda rrr. V iaicoy d'Ne (Rama, tt e Rvye *41 he ..tided to .A. ree.on e°tht a,nas nMnOy def'"! ao Buy«s trM and elrl ,c —dykln.smd.tAt.tAZe.—d.pet.uatlh.rsnaaorthe .rxumoneydrpoautoBioaa.dequ.(d+andf -ly w-Wm the fly— flay aAd SOW Aall tee tdaivd frnt..w. AnDa ►blid'6- tact to me ahs in co m—k. ritl Jc C OntrICL ?. T70r tbgyey'atict: Sclla (ball 000.ey dtk u 6. 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Itup aoumdaao¢ pac j .Xng P—N. awwnypraai�mw.h,ma�m.miq rl■w afng 'A­a�Nr� Fle�M:"a'd grpwedrli ay roa tt�a �a PS'AIM I •7x N�rr) /o xn�Nra r,i'INSJa �V (£) �rLL inyru+ toruw w s�ugAR w,uou i_� <o n�:��ttw �a.Cag solm yawn Vea� �w+t aueos.o pn pads � and A MAP Nov U4 L19 12:4/p Action tle=c IU4b4bbb// p.1 OFFER TO PURCHASE AND CONTRACT - VACANT LOTILAND [Consult "Guidelines" (form 12G) for guidance in completing this form) NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have irrimcdiate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, property approved and retarded with the register ofdeeds as ofthe date of the contract. If Seller is Buyer's builder and die sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2 m n 1 ki as Buyer, JAMRSIM WIGGING MITZI NIGGINS as Seller, hxeby offers to purchase and BBt:T upon acceptance orsaid offer, agrees to sell and convey, all of that plot, piece or parcel of land described below (hereafter referred to as the "Property"), upon the terms and conditions set forth herein. This offer shall become a binding contract on the date that: (i) the last one of the Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (ii) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. Such date shall be referred to herein as the 'Effective Date." 1. REAL PROPERTY: Located in BRt7NS4RCK County, State of North Carolina, being known as and more particularly described as: 148 WEST THTRD STREET Address: Street OCEAN XSLE BRACE Zip 28469 City: NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: 'raza Resort At Ocean Isle Beach PL 33/343 Subdivision Warne THE RESORT as shown on Plat Reference: Lot Block or Section Plat Book or Slide at pages) (Property acquired by Seller in Deed Book 2337 at Page 1300 ). NOTE: Prior to signing this Offer to Purchase and Contract - Vacaot Lot//.and, Buyer Is advised to review Restrictive Covenants, if arty, which may limit the use of the Property, sad to read the Declaration orRestrictive Covenants, By-laws, Articles of incorporation, Rules and Regulations, and other governing documents of the owner' association and/or the subdivision, if applicable. If the Property is subject to regulation by an ownerd association, it is recommended that Buyer obtain a copy of a completed Owners' Association Disclosure And Addendum (standard form 2Al2-T) prior to signing this Offer to Purchase and Contract, and include it as an addeadurn hereto. 2- PURCHASE PRICE: The purchase price is S 415 000.00 and shall be paid in U.S. Dollar. Should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day alUw written notice to deliver good fuada to the payees In the evert Buver does not timety deliver good funds, this Seller shall have the right to tcmtinate this contract upon written notice to the Buyer. The purchase price shalt be paid as follows: Y ❑ personal check bank check (e) S 5, 000.00 EARNEST MONEY DEPOSIT with this offer b cash ®p ❑ ❑ certified check ❑ odier f to be deposited and beld in escrow by CENTURY 21 ANNR ARNOLD ("Escrow Agent') until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. in the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be refunded to Buyer. In the event of breach of this contract by Seller. Ell tamest monies shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this contract by Buyer, then all earnest monies shall be forfeited to Sella upon Sellor's request but such forfeiture shall not affect any other remedies available to Setla for such breach. NOTE: In the event of a dispute between Seller and Buyer over the retain or forfeiture of earnest money held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent. if not a Broker, hereby agrees) to retain said earnest money in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest Money, the Broker may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions ofN.C.G.S. §93A-12. Page 1 of A STANDARD FORM 12-T This form Jointly approved by: Sul Revised 712008 North Carolina Bar Assoelation 07/2009 RL Oa' North Carolina sgciation E of ALTORS®, Inc. Buyer lnithal5 Seller Initials (:cob. Adma.l d.ww Derv.. o f�, e,.d. nT 2mo r ' (910r 57n -Jl{7 Pa: (1a6) ]n - ab'll wlGlt3 bi H Fn*ca V,'_ pMoj dcon ZnFomia M dpi-C& IWTC FRsm MI. Fo"d Fro" . WNW 4800 W&1WL9&,MC THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE ANY EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL. BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES TNCURRFD BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (b) S , (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than TIME BEING OF THE ESSENCE WTTH REGARD TO SAID DATE. (c) 3 OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on the Effective Date. (NOTE: If Alternative 2 applies, then do not insert $0, NIA, or leave blank). (d) s , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loans) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (e) S , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. M S 410 , 000.00 , BALANCE ofthe purchase price in cash at Closing. 3, LOAN CONDITION: (a) Loan. Buyer's performance is contingent upon Buyers ability to obtain a ❑ Conventional 0 Other: N/A loan at a ❑ Fixed Rate ❑ Adjustable Rau In the principal amount of a/A for a term of N/A ycar(s)• at an initial interest rate not to exceed N A % per anuum, with mortgage loan discount points not to exceed N/A % and with loan origination fee not to exceed N/A % of the loan amount ("Loan'). (b) Loan Obligations: The Buyer agrees to: (1) Make written application for the Loan, authorize any required appraisal and pay any necessary fees within N/A days after the Effective Date; (ii) Promptly furnish Seller written confirmation from the lender of having applied for the loan. If Buyer fails to furnish Seller written confirmation from the lender of having applied for the Loan, Seller may make written demand for compliance. if Buyer does not furnish Seller written confirmation from the lender of application within five (5) days after such demand, then Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not received either written evidence of the application or a waiver of the Loan Condition, and all Earnest Money shall be forfeited to Seller as liquidated damages and as Sclle>'s sole and exclusive remedy for Buyers Failure to close, but without limiting Seller's tights under paragraph 14 for damage to the Property. Buyer farther agrees to: Ctil) Pursue qualification for and approval of the Loan diligently and in good faith; (iv) Continually and promptly provide requested documentation to lender. (c) Buyer's Right to Terra mate: IfBuyer has complied with Buyer's Loan Obligations in subsection (b) above, then within N A days after the Effective Date (or any agreed -upon written extension of this deadline) TIAfE BEING OF THE ESSENCE, Buyer shall have the right to terminate this contract by delivering to Seller written notice of termination if Buyer, in Buyers sole discretion, is not satisfied that the Loan will be approved and funded. If Buyer has timely delivered such notice, this contract shall be terminated and all Earnest Money shall be refunded to Buyer. ff Buyer fails to deliver such notice, then Buyer will be deemed to have waived this condition. Thereafter, if Buyer fail& to dose based upon inability to obtain the Loan, then all Earnest Money shell be forfeited to Seller. If Buyer provides Seller reasonable third -party documentation confirming Buyers inability to obtain the Loan, then the Earnest Money shall serve as liquidated damages and as Sellees sole and exclusive remedy for Buyers failure to close, but without limiting Seller's rights under paragraph 14 for damage to the Property. (WARNING: Buyer is advised to consult with Buyers lender to assure that the number of days al laved for Buyer to obtain the Loan is sufficient to allow Boyeea lender time to tale all reasonable steps necessary to provide reliable loan approval.) 4. FLOOD HAZARD DiSCLOSUREXONDTTION (Choose ONE of the following alternatives): ® To the best of sellers knowledge, the Property IS located partly or entirely mithin a designated Special Flood Hazard Area. Buyer understands that it may be necessary to purchase flood insurance In order to obtain arry loan secured by the Property &an any federally regulated Institution or a loan insured or guaranteed by an agency of the U.S. Ooverrimcm. 0 To the best of Seller's knowledge, the Property IS NOT located partly or entirely within a designated Special Flood Hazard Area. Tf, following the Effective Date of this contract, it is determined that the Property is located partly or entirely within a designated Special Flood Hazard Area according to the current FEMA flood map, or if this contract is subject to a Loan Condition and Buyers fender requires Buys to obtain flood insurance as a condition of making the LoaM, then in either event Buyer shall have the right to terminate this contract Won written nonce to Seller, and all earnest monies shall be refunded to Buyer. 5. OTHER CONDITIONS: (Stile N/A in each blank that is not a condition to this contract.) (a) There must be no restriction, easement, zoning or other governmental regulation that would prevent the purposes. atonable use of the Property for RESIDETITrnT, his offer, reasonable wear and leer (b) The Property must be in substantially ttx same or better condition at Closing as on the date of t excepted. STANDARD FORM 12-T Page 2 of7 Rcyised 7/2809 Buyer initials I Seller initials � C 7/2009 PrnluCaC ilea Dpl=anrrA tN npr.agk 18P0 rRlenl Mle Road. F—r MMM9f 48a 1YL a� 'WtG(II�a �a H 11. - --p .ticuon aiearic 7045455577 p.3 (c) The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer, even if the Loan Condition has been waived as provided in paragraph 3. If this contract is NOT subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before N/A (d) All deeds of trust, bens and other charges against the Property, n assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may promptly obtains owi Closing. Seller shall remain obi ignted to obtain any such cancellations following Closing. J (e) Title must be delivered at Closing by 'd. W TY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the dare of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: TOTE: For purposes of this agreement, a "confirmed" special assessment is defined as at: assessment that has been approved by a governmental agency or an owrws' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal conslderation by a governing body. Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert "None" or the identification of such assessments, if any): N/A Unless otherwise agreed, Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following Items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis througb the date of Closing; (b) All late listing penalties, if any, shall be paid by Seller, (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, arc $ 556 .00 per YEAR . Unless otherwise agreed, Buyer shall pay any fees required for obtaining account payment information on owners' association dues or assessments for payment or proration and any charge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer and/or doctunent fee imposed by the owners' association. 8. EXPENSES: Unless otherwise agreed. Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, tide search, title insurance, recording the deed and for preparation and recording of all Instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation ofat deed and all other documents necessary to perform Seller% obligarions under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closing S N/A toward any of Buyers expenses associated with the purchase of the Property, including any FHA/VA lender and inspection costs that Bayer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 9. EVIDENCE OF TITLE: Sella agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attomey's opinions on title, surveys, covenants, deeds, notes and deeds of trust and casements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any tide insurance policy in such attomey's fik to Buyer and both Buyers and Senors agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurers (or title insurer's agent's) file to Buyer and both Buyers and Seller's agents and attorneys. 10. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Bayer showing that all labor and materials, if arty, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. Page 3 of7 STANDARD FORM 12-T Revised 712008 Buyer initials Sella initials PV4 0 7/2009 aroaucaa Wh2Wum9Wartooa 1110701`m".,Mir Ro enact,WN91 -a07E our«no-kmn utcGrts inw ILCLOSING: Closing shalt be defined as the date and time of recording of the deed and shall be on or before Noyembar 30, 2009 (die "Closing Date"). All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of ti-le on or before the Closing Date at a place and time designated by Buyer. The deed is to be. made to PER EMIR' 8 RE [TEST Absent agreement [o the contrary in this caattract or any subsequent modification thereto, the following terms shall apply: if either party is ratable to close by the Closing Date, then provided that the party is acting in good faith and with reasonable diligence to proceed to closing, such party shall be entitled to reasonable delay of the Closing Date and shall give as much notice as possible to the non -delaying party and closing agent. in such event, however, either party for whom the Closing Date is delayed shall have a mal imum of ten (10) days fiom the Closing Date, or any eaension of the Closing Date agreed -upon in writing, in which to close without payment of interest. Following expiration ofthe ten-day period, the party not ready to close shall be responsible for paying to the other party (if ready, willing and able to close) interest oo the purchase price at the rate of eight percent (8%) per annum accruing from the end of the tut -day period until closing occurs or the contract is terminated. Should the delay in closing continue for more than thirty (30) days from the Closing Dace or the last agreed -upon extension ofthe Closing Date, then the non -delaying in arty"I have the unilateral right to terminate the contract and receive the earnest money, but the right to such receipt shall not affect any other remedies available to the non -delaying party for such breach. rTc r UNLESS ry CLOSING SHAi I CONSTITUTE ACCEPTANCV OF THE PROPERTY IN N EXISTING CONDITION IN PROVISION IERW-ISE MADE IN WRITING. 12.POSSM.11ON: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Seller shall remove, by the date possession is made available to the Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property• 13. PROPERTY [NSPECT10141INVESTIGATION (Choose ONLY ONE of the following Ahematives): ❑ ALTERNATIVE I: (a) Soil, Utilities And Environmental Contingency: is contract is contingent upon Buyer obtaining report(s) that (i) the sail is suitable for Buyer's Intended Use, (ii) utilities are available to the Property, (nt) there is no environmental Contamination, law, rule or regulation that prohibits restricts or limits Buy era Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expensea of obtaining the Reports shah be home by Buyer. Buyer shall use Buyers best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest y Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by N/A that this condition cannot be satisfied, 77ME BEING OF THE ESSENCE' (b) SepdrJSewer System (check only ONE): Q Buyer has investigated tfie coats and expenses to inn'all the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit Q Seller represents that the system has been installed, which representation survives Closing, but snakes no further representations as to the system. Buyer aclotowledem receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of in or obtaining nt Buyers expense, inapecaon(s) to determine the condition of the system. if the system is not performing the money Deposit shall function for which intended and is in need of immediate reptt[r, Buya [nay terminate this Contract and the Earnest Dap be refunded to Buyer. Buyer waives this condition [micas Buyer Provides written notice to Seller by that this condition cannot be satisfied, rImE BEING OF THE ESSENCE - (a obtaining an improvement Permit or written evaluation This Contract is contingent upon ❑ Buyer Seller ("Responsiblerryi from the County Health Department ("County") for a (check only ONES Q conventional or ❑ other ground absorption sm age system for a bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Responsible Party unless otherwise agreed. In any event Seller, by oo later than shall be responsible for clearing that portion ofthe Property required by the County to perform its tests and/or inspections. Responsible Party shall use lest efforts to obtain such Permit or written evaluation. If the Improvement Permit or written evaluation from the County cannot be obtained by (date), either party tray terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. public or ❑community sewer system. ❑ Buyer has irrvwtigated and approved the availability, costs and expenses to connect to a ® P (e) Water (check only ONE): bite or ❑community water system IM Buyer has investigated and approved the availability, costs and expenses to connect to a ® per or ❑ shared private welt. ❑ Buyer has investigated the costa and expenses to install the private drinking water well approved by the Construction Permit attached hereto as Exhibit A and hereby approves and accepts said Construction Permit Page 4 of 7 STANDARD FOR,yi 12-T Revised 712008 m 7R009 Buyer initials Seller initials PfWj..d rM DpFMT." *L+a719 1e070 Falwn this Hard. Frsaa. Waitlgen.aLo:E RfII10"k' acb.oa'a NrGONS tat M ❑ Seller represents that a private drinking water well has been installed, which representation survives Closing, but makes no futther representations as to the well. With respect to wells installed after July 1, 2008, Buyer acknowledges receipt of the County Health Department's Certificate of Completion attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determi-w the condition of the well. If the well is not perfrxvting the function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest .Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by N/A that this condition cannot be satisfied, ITME BEING OF THE ESSENCE. Q This Contract is contingent upon Q Buyer Q Seller ('Responsible Party') obtaining a Construction Permit from the County Health Department ("County") for a private drinking water well. All coats and expenses of obtaining such Permit, including but not limited to any required survey, shall be home by Responsible Party unless otherwise agreed. In any event Seller, by no later than N/A , shall be responsible for clearing that portion of the Property required by the County to conduct a field investigation to evaluate the site. Responsible Party shall use best efforts to obtain such Permit If the Construction Permit from the County cannot be obtained by N/A (date), either party may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. (d) CLOSING SHALL CONSIITUTE ACCEPTANCK OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNI FSS PROVISION IS OTNERW►SE MADE LN WRUING Q ALTERNATIVE 2: (this Ahernanve apphei ONLY if Alternative 2 is checked AND Buyer has paid the Oprfon Fee.) (a) Property Investigation with Option to Terminate: in consideration of the suns set forth in paragraph 2(c) paid by Buyer to Seller (not Esermv Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the 'Option Fee"), Buyer shall have the right to terminate this contract for any reason or no reason, whether related to the physical condition of the Property or otherwise, by delivering to Seller written notice of termination (the 'Termination Notice") by 5:00 p.m on , TIME BEING OF THE ESSENCE (the "Option Termination WWI. At any time prior to :losing, Buyer shall have the right to inspect the Property at Buycea expense (Buyer is advised to have all inspections of the Property, including but not limited to those matters set forth in Alternative 1, performed prier to the Option Termination Date). (b) Exercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, TIME BEING OF THE ESSENCE, this contract shall become null and void and all earnest monies received in connection herewith Mall be refunded to Buyer; however, the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to the Option Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the Option Termination Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraphs 3, 4 or 5 above. The Option Fee is not refundable, is not a part of any earnest monies, and will be credited to the purchase price at Closing. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THXPROPERTY IN 1TS THEN EXISTING CONDITION UNLESS PROi'iSION IS OTHERWISE MADE IN WRITWG. 14. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyers agents and contractors shall have the right to enter upon the Property for the purpose of appraising and evaluating the Property, and performing the tests and inspections permitted in this contract. Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyers agents and contractors. Buyer will indemnify and hold Seller harmless horn all loss, damage, claims, suits or costs, which shall arise out of any contract; agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof, but Buyer shall not be responsible for any loss, damage, claim, suit or cost arising out of pre. -existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions 15.OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. rIEMIZE ALL OTHER ADDENDA TO TH15 CONTRACT, IF ANY, AND ATTACH HERETO. (NOTE. UNDER NORTH CAROLENA LAW, REAL ESTATE AGENTS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) Q Additional Provisions Addendum (Form 2A11-T) ❑ Loan Assumpuun Addendum (Form 2A6,T) Q Back -Up Contract Addendum (Form 2AI-T) ® Owners' Association Disclosure And Addendum (Form 2Al2-T) 0 Contingent Sale Addendum (Form 2A27) Q Seller Financing Addendum (Form 2A5-T) Q FHA/VA Financing Addendum (Form 2A4-T) e �T n ---_--__-- a nnrtr Page 5 or 7 STANNDARD FORM 12-T Revised 7/2D08 Buyer initiSellerinitials � ® 712D09 Prw_drah ZPFo *br aplupb 1oom Fna M4 nca0, Prwr, fee lgo 49oa w.r,.W_aaiwR. WIGGINS 1a 94 'vuv u`+ cy icolp Action Electric 7045455577 p.6 16. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller 17. ASSIGNAIENIS: This contract may not be assigned without the wntlen consentof all parties, but if assigned try agreement then this colitract shall be binding on the assignee and his heirs and successors. Ili. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of ttx Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional Liability with respect to such tax -deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the ran -exchanging party, as shall be required to give effect to this provision. (-NOTE: If Alternative 2 under paragraph 13 ofthis contract will apply, Seller should seek advice concerning the taxation of the Option Fee.) 19, PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 20. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until ftrlly observed, kept or performed. 21.ENTfRE AGREEMENT: This contract contains the entire agreement of the parties and there are no reprrsentations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall aher any agr"mem between a REALTORC or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 2L NOTTCE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such parry's agent Any written notice or communication in connection with the transaction contemplated by this contract may be given to a party or a party's agent by sending or transmitting it to any mailing address, e-mail address or fast number set forth in the "Notice Addreas° section below. Seller and Buyer agree that the "Notice Information' and 'T.Scrow Acknowledgment" sections below shall not constitute a material part of this Offer to Purchase and Contract, and that the addition or modification of any information thereir shall not constitute a rejection of an offer or the creation of a counteroffer. This contract may be signed in multiple originals, all of which together constitute one and the sarne instrument, and the parties adopt the word "SEAL" beside their signatures below. Boyer ® has Q has not made as on -site personal earaminatlon of the Property prior to the making of this offer THE NORTH CAROLINA ASSOCIATION OF REALTORSID, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTAT70V AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTTON. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL. THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: / ��/� 9 Date: 14/v/ ^y Buyer /1 (SEAL) Sella J I —(SEAL ) J ZNS BBST Date: Date; n r- Buyer (SEAL) Seller Page 6 of 7 STANDARD FORM 12-T Revised 7/2008 ® 7R009 Produced NMZoFom*byrldogbE 1a070RNrn NNRoutfnMt,M a, �apy rww tooa mn wlaarws r, 84 NOTICE INFORMATION EACH ARTY AND AGENT VES FOR IIE RECETPTTOF AAY NOTICE CO THE ADDRESS /ONTEMPLATED BY STHI CONTRACT. SIN ERRTP'T/A' FOR ANY WHICHOARE NOT APPROVED, BUYER NOTICE ADDRESS: 1 SELLER NOTICE ADDRESS: Mailing Add ss: i �ssSa Th Mailing Address: Buyer Fax#: �L7 U Seiler Fax#: Buyer E-mail Address: 1Q Seller E-mail Address: ✓✓E/ b�I50Lt�ii —LISTING AGENT NOTICE ADDRESS: SELLING AGENT NOTICE ADDRESS: Individual Selling Agent: Individual Listing Agent: License #: License 0: Firm Name: Firm Name: Acting as ❑ Buyer's Agent Q Seller's (sub)Agent❑ Dual Agent Acting as Q Sellers (sub)Agent ❑ Dual Agent Mailing Address: Mailing Address: Selling Agent Fax#: Selling Agent E-mail Address: Selling Agent Phone#: Listing Agent Fax* Listing Agent &mail Address: Listing Agent Phonon: ESCROW ACKNOWLEDGMENT Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Finr: CENTURY 21 AM— ARNOLD Date By' — (Signature) P� Page? of 7 STANDARD FORM 12-T Revised 7/2009 C 7/2009 Ii0]8Lf�9 WFCAA b W'M PfoAiuO wiT �qmp py ypinp� 1a070F/�ern 49e ROW. F�aer 1d0�7r'�� LYfDt-- 2488 FRANCES WARNER DL 3179381 REAL ESTATE ACCOUNT //_ /7�, 55-1z15/531 835 CALABASH RD. fit✓ P 1 ✓ Tate 830 CALABASH, NC 2M7 y Pay to the Order of �nv� ollars t , W WACCAMAW Regal BANK ShoUotte, NC 28459 /( t/ ' 1 � For 4053LL2L521:1300027L069115021,88