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HomeMy WebLinkAbout54420D - Hill CAMA / DREDGE & FILL i ENERAL PERMIT Previous permit# New Modification ❑Complete Fyeissue ❑Partial Reissue Date previous permit issued rized by the State of North CarolinaOepartment of Environment and Natural Resources / ? oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 2/ - /G OG [N.RcRes attached. t Name,CriNCT/1 h, / 1 Project Location: County ,662 N../S4vic/C 3 d Ai. la GAci SI. Street Address/State Road/Lot#(s) 27 ix,C.4R,..,, > v State .4 C ZIP,2 ??v/ S (1114 Y 1.'G- fJ(J 1' /Fax#( ) Subdivision red Agent 117Hn/( Sit ey City OCP/),,J le a/4C 4 ZIP 2 7 yi ❑Cw 11.EW 4-PTA E'ES ❑PTS Phone# ( ) River Basin f%ii,r4 ❑OEA ❑HHF ❑IH ❑UBA ❑N/A Adj.Wtr. Body 0/9/i//4( O l /2/Gv w (nat( ❑PWS: ❑FC: yes / no PNA yes./. n3— Crit.Hab. yes / no Closest Maj.Wtr. Body LvtL 0 A Project/Activity Z a V 19 /f ff,, 4 i4 .,%a /L, 77 „ t (Scale: ock)length /t2 Ai 7 q F(p5 S_Q4 % /7 ',e I v m(s) _ i pier(s) i , length - umber ( —• fr u v- ad/Riprap length l vg distance offshore iax distance offshore - I r l l channel I " /... > 4 i — .._...-.. i I i s De d I f ` t - I' r r i 1 ubic yards 1 I i -4— t 1 >use i atli_2 � iZ /7� , } Bulldozing I ( 1 -' 1:41/ /Z /C g ' d4_, 1 . - l 1 - , I i I 1 , l i Y t/ ` dc. t. t( , !� I� ' 1f7 u� uf ine Length -__ i lv ►� / Iv : 1 f .,r ++ ✓ I : of not sure yes no ` t u 0 : ,V � , igs: not sure yes no 0fr t4 t) I Ifil.t � T , Drium: PA n/a yes no ' yes no l Lit I P IL -Attached:ll Les no - I V ,,✓ / Jing permit may be required by:QC-Pe r yS Z e S)29c A I See note on back regarding River Basin :?, I I _ . / ' i/ , _ - , . .. _ _ WEST DOCKS 1 910-367-6952 azg litXB NEW DOCK 12X10 LIFT 18X3 NEW RAM? FOOT PRINT H.X4 FI.XED WALK WAY • 1 10'SIDE I 1ie SIDE • 17 LWvp irt> 01 N^ -; �; tcab Ala NCDENR North•Carolina Department of Environment and Natural Resources Division of Coastal Management el F. Easley, Governor James H.Gregson,Director William G. Ross Jr., Sec Authorized Agent Consent Agreement l ' ((,t '!c --,v,, is hereby authorized to act on my beha (Printed Name of Agerit) r to obtain any CAMA permit(s) required for the property listed below. The authorization is limited to c activities described in the attached sketch. ,TION OF PROJECT: -)1 l (5--- 13) Ai , '+11 1"7 'ERTY OWNER MAILING ADDRESS: 0�d ti, Fuq-insi-ivi.--9 44/ft/ keli D3b iu -73.2.,J s-t- S' q j'z�r/r� N( --)3 7l PHONE NO. 3 �4 7Yo 06(1 IORIZED AGENT MAILING ADDRESS: M•( 04,E ZG>� ov) �u✓ e t,-k__ (AvSe i.,--" PHONE NO. //D , C/1 C rture of Property Owner: 7 > --- DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Veii d'In I (36-'0, eip ov,ivied Address of Property: Lei � h,vs S (Lot or Street #, Street or Road) 0(ea-A i VVY (City and County) t I hereby certify that I own property adjacent to the above-referenced property. The indivi applying. for this permit has described tome as shown on the attached drawing_the development are proposing,. A descrip ion or drawing., with dimensions, should be provided with this lettc . I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Co Management, 127 Cardinal Drive Extension, Wilmington,.NC 28405 or call 910-796- within 10 days of receipt of this notice. No response is considered the same as no.object you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must bck a minimum distance of 15' from my area of riparian access - unless waived by me. ( wish to waive e.setback,"you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. \-/7/ Sign " ame Date IL-29-2009(TUE) 10: 44 HH / FOUR SEASON FURNITURE (FAX)3368737247 P 00 NM uate/lime UtL-t9-dUU9tTUE} I0:40 910 579 4353 P. 12/29/2009 11:54 91B-579-9353 COOKE REALTY PAGE e DTV15IO1•1 OP CQAS AZ. GAT , ADY AN F QPE CA WAIV--- M . .,. .,. � �� l Iw�.l uc ��AuE•Sln� Name of Individual Applying For Permit: kre ' 1_ Address of Property: -7-7 u rr A ✓ -1-1,- � (Lot or Street It, Street or Roa ) . . (City and County) • I hereby certify that I own property adjacent.to the'above-referenced property. The individ applying.for this permit has described tome as shown on the attached drawing the.dcvelopment t are proposing. A description or drawing, with dimensions, should be provided with this letter . I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coo Management, 127 Cardinal Drive Extension, wilfaingtoa,,NC 23405 or call 9I0-7964 within 10 days-of receipt of this notice. No response is considered the same as no objectii you have been notified by Certified IYxail. • - \V • R SECTION . that a pier, doc •.,,• •>sa1lings,brecl.water,boathouse or boat lift must i I understand tr bcka minimum distance • 5' fr.-1" my area of riparian access- unless waived by me. (I wish to waive,the..setb el:, - . must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. ' ___\‘' I do not wish to waive the 15' setback requirement. . 1 / .. 47- - it-16 -07 Sign/Name / Date w 1 --a =. 1.. 'i_.. ...4,,.,n.nt .c- - 7 M a CJCT v"I l A NOV-25-2009 11:51 PREFERRED FURN COMPONENTS 336 889 7299 P.01i0 OFFER TO PURCHASE AND CONTRACT-VACANT LOT/LAND (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 immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract.if Seller is Buyer's builder and the 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 2A3-T). Brown Eyes Investment LIfC, ,as Buyer, hereby offers to purchase and Roy Chipley, ,as Seller, upon acceptance of said 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 thc 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." I. REAL PROPERTY: Located in Brunswick County,State of North Carolina, being known as and more particularly described as: Address: Street 75 and 77 Laurinbuxg St City: Ocean Isle Beach Zip 28469 NOTE:Governmental authority over taxes,zoning,school districts,utilities and mail delivery may differ from address shown. Legal Description: L-3I & 32 B-23 S-B&C 0IB PLAT 10/82 Subdivision Name: na Plat Reference:Lot na Block or Section na as shown on Plat Book or Slide na at Page(s) ma (Property acquired by Seller in Deed Book 414 at Page 567 ), NOTE: Prior to signing this Offer to Purchase and Contract-Vacant Lot/Land,Buyer is advised to review Restrictive Covenants,if any,which may limit the use of the Property,and to read the Declaration of Restrictive Covenants,By-Laws,Articles of Incorporation, Rules and Regulations,and other governing documents of the owners'association and/or the subdivision,if applicable.If the Property is sublec to regulation by an owners' 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 addendum hereto. 2. PURCHASE PRICE:The purchase price is� and shall be paid in U.S. Dollars. Should any check or other funds paid by Buyer be B onored, for any reason,by the institution upon which the payment is drawn,Buyer shall have one(1)banking day after written notice to deliver good funds to the payee.In the event Buyer does not timely deliver good funds,the Seller shall have the right to terminate this contract upon written notice to the Buyer.The purchase price shall be paid as follows: (a)S 5,000.00 ,EARNEST MONEY DEPOSIT with this offer by ❑ cash 62 personal check ❑ bank check ❑ certified check ❑ other: na to be deposited and held in escrow by Pope Real Estate ("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, all earnest 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 Seller upon Seller's request, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE:In the event of a dispute between Seller and Buyer over the return 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 Agents 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 of N.C.G.S..593A-12. NOU-25-2009 12:01 PREFERRED FURN COMPONENTS 336 889 7299 P.024F THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FiRM ACTING AS ESCROW AGENT MAY PLACE AN1 EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST BEARING TRUST ACCOUNT AND THAT AN1 INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATIO? OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (b)$ , (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c)$ , OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seiler on thi Effective bate. (NOTE: If Alternative 2 applies,then do not insert$0,N/A,or leave blank), (d)$ ,BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s)secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (e)$ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (I) S BALANCE of the purchase price in cash at Closing. 3. LOAN CONDITION: (a)Loan.Buyer's performance is contingent upon Buyer's ability to obtain a CI Conventional CI Other: na loan at a 1Q Fixed Rate Q Adjustable Rate in the principal amount of na for a term of na _ year(s) at an initial interest rate not to exceed na %per annum,with mortgage loan discount points not to exceed na and with loan origination fee not to exceed na %of the loan amount("Loan"). (b)Loan Obligations:The Buyer agrees to: (i) Make written application for the Loan,authorize any required appraisal and pay any necessary fees within au 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 dement for compliance. If Buyer does not furnish Seller written confirmation from the lender of application within five (3) days after suet demand, then Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not receive( either written evidence of the application or a waiver of the Loan Condition, and all Earnest Money shall be forfeited to Seller a: liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights undua paragraph 14 for damage to the Property. Buyer further agrees to: (iii) Pursue qualification for and approval of the Loan diligently and in good faith; (iv) Continually and promptly provide requested documentation to lender. (e)Buyer's Right to Terminate: If Buyer has complied with Buyer's Loan Obligations in subsection(b)above,then within na days after the Effective Date(or any agreed-upon written extension of this deadline)TIME BEING OF THE ESSENCE, Buyer shall have the right to terminate this contract by delivering to Seller written notice of termination if Buyer,in Buyer's 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. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived this condition.Thereafter;if Buyer fails to close based upon inability to obtain the Loan,then all Earnest Money shall be forfeited to Seller. If Buyer provides Seller reasonable third-party documentation confirming Buyer's inability to obtain the Loan,then the Earnest Money shall serve as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under paragraph 14 for damage to the Property.(WARNING:Buyer is advised to consult with Buyer's lender to assure that the number of days allowed for Buyer to obtain the Loan is sufficient to allow Buyer's lender time to take all reasonable steps necessary to provide reliable loan approval.) 4. FLOOD HAZARD.DISCLOSURE/CONDITION(Choose ONE of the following ahernatives): ® To the best of Seller's knowledge,the Property IS located partly or entirely within a designated Special Flood Hazard Area.Buyer understands that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S.Goverrun nt. Q To the best of Seller's knowledge,the Property IS NOT located partly or entirely within a designated Special Flood Hazard Area.If 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 PEMMA flood map,or if this contract is subject to a Loan Condition and Buyer's lender requires Buyer to obtain flood insurance as a condition of making the Loan,then in either event Buyer shall have the right to terminate this contract upon written notice to Seller,and all earnest monies shall ba refunded to Buyer. 5. OTHER CONDITIONS:(State N/A in each blank that is not a condition to this contract.) (a)There must be no restriction, casement, zoning or other governmental regulation that would prevent the reasonable use of the Property for Residential ,,,,,.,,,,v,.e NOV-25-2009 12.02 PREFERRED FURN COMPONENTS 336 889 ?299 P.03/9? (a)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 December 23, 2009 . (d)All deeds of trust,liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing.Seller shall remain obligated to obtain any such cancellations following Closing. (e)Title must be delivered at Closing by GENERAL WARRANTY 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 date 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: NOTE: For purposes of this agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners'association for the purpose(%)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 consideration 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 warmed owners' association special assessments, except as follows(Insert"None"or the identification of such assessments,if any): none 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 ADJUSTMENT& Unless otherwise provided, the following items shall be prorated and either adjusted bctwccn the parties or paid at Closing:(a)Ad valorem taxes on real property shall be prorated on a calendar year basis through 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,are$ na per na _ .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 document fee imposed by tine owners'association. 8. EXPENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title 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 of a deed and all other documents necsary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closing $ na toward any of Buyer's expenses associated with the purchase of the Property, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay,but excluding any portion disapproved by Buyer's lender. 9. EVIDENCE OF TITLE:Seller 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,attorney's opinions on title,surveys,covenants, deeds,notes and deeds of trust and easements relating to the Property.Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attomey's file to 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 all 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. 10.LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials,if any,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. NOV-25-2009 12:02 PREFERRED FURN COMPONENTS 336 889 7299 P.04/0' 11.CLOSING: Closing shall be defined as the date and lime of recording of the deed and shall be on or before December 30, 200 (the"Closing Date").All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before the Closing Date at a place and time designated by Buyer.The deed is to be made to Zoe boyar,reaetueets Absent agreement to the contrary in this contract or any subsequent modification thereto,the following terms shall apply:If either party is unable 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 maximum of ten (10) days from the Closing Date,or any extension of the Closing Date agreed-upon in writing, in which to close without payment of interest.Following expiration of the 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 on the purchase price at the rate of tight percent(8%)per annum accruing from the end of the ten-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 Date or the last agreed-upon extension of the Closing Date,then the non-delaying party shall 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. cl.OSiNG SHALL CONSTITTTTF.ACCEPTANCE_(F THE PROPEEXY IN ITS THEN EXISTING.Cfnllt1TiON PROVISIONJS OTHERWISE MADE IN WRITING, 12.POSSESSION: 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 INSPECTION/INVESTIGATION(Choose ONLY ONE of the following Alternatives): a ALTERNATIVE 1: (a) Soil, Utilities And Environmental Caattngeacy: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use,(ii)utilities are available to the Property,(iii)there is no environmental contamination,law,rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv)there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use(collectively the"Reports").All costs and expenses of obtaining the Reports shall be borne by Buyer.Buyer shall use Buyer's best efforts to obtain such Reports. if the Reports cannot be obtained,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 ra that this condition cannot be satisfied,TIME BEING OF THE FCCENCE. (b) Septic/Sewer System(check only ONE): Q Buyer has investigated the costs and expenses to install 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 bean installed,which representation survives Closing,but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining,at Buyer's expense,inspection(s)to determine the condition of the system.If the system is not performing 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 that this condition cannot be satisfied, TIME BEING OF THE ESSENCE Q This Contract is contingent upon Q Buyer Q Seller("Responsible Party")obtaining an Improvement Permit or written evaluation from the County Health Department("County")for a(check only ONE)a conventional or Q other ground absorption sewage 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 no later than shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections.Responsible Party shall use best efforts to obtain such Pariah or written evaluation. If the Improvement Permit or written evaluation from the County cannot be obtained by (date),either party may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer has investigated and approved the availability,costs and expenses to connect to a a public or Q community sewer system. (c) Water(check only ONE): Buyer has investigated and approved the availability,costs and expenses to connect to a (a public or Q community water system or Q shared private well. 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(.4:1=3.);w a4 rluctitr UOirnatIbca n&qaj(Azad 2l4r 0£/OS l0L p ZELL dO AVM ELI=`> vanes utq ry — clue a 443408 ssziun uolu=sits gaAIaal INina'tea P;Pa ua.rep trsoid,a iow ramatagtapve tC5 e t77V514=9J Paw al n Ptry P>DCOSyl ti0(41 "4i u0W/i1°Li3 2aivaruxxi 3oa a Ili 2141 31 1ja at{t Jo=RP=a P (a)gaz(Foodal`412, a m,tuti 141,11TF lqa m 5U9'x42alda wo °1it 3A2ct IIe4 rar;at8'V y4Plti3 I P aa57/1dW JQ2143 qR V tAI�K 'J J°KIP= S°4°11=13Pg lzkINL 4800L`I AiN XVI P711=1'Uat- 1 t tpE1411 'lf aqt ai 1°1*Ii°5/ trast+daa =AM/au=VoralnR74iIiori 1=14ienst m`PQlibati 1Io"4 Jowa.uroz9p 74140 a a4s Ira=gaiths aatto$ LE d 66?1. 688 %I slx3madwoo Nrti3 rem 386 pz_ZZ b sz-nON 3Dvci AL1ti3a 3N000 E5E6-6L5-0Z6 PP:LT 600Z/t0/Zt E5E6 61.5 Ol6 OE :9I (3l1)6002-10-]30 niTi/aav0 xa SO d LV2LEL89EE(X83) 3al1lNafl3 NOSd3S an0J / HH 9E :91 (1111)6002- 10i NOV-25-2009 12:24 PREFERRED FURN COMPONENTS 336 889 7299 P.06/07 • 16.RISK OF LOSS:The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 17.ASSIGNMENTS:This contract may not be assigned without the written consent of all parties,but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 18.TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the 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 non-exchanging party,as shall be required to give effect to this provision.(NOTE:If Alternative 2 under paragraph 13 of this 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 fully observed,kept or performed. 21_ENTIRE AGREEMENT:This contract contains the entire agreement of the parties and there are no representations,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 alter any agreement between a RF.ALTOR®or broker and Seller or Buyer as contained in any listing agreement,buyer agency agreement,or any other agency agreement between them. 22.NOTICE AND EXECUTION:Any notice or communication to be given to a party herein may be given to the party or to such party'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 fax number set forth in the "Notice Address"section below.Seller and Buyer agree that the"Notice Information"and"Escrow 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 therein 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 same instrument,and the parties adopt the word"SEAL"beside their signatures below. Buyer ® has 0 has not made an on-site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORS®,INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VA1.11)1TY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. 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:November 24, 009,/ I :/l :-,C'7 Buy: .r7w..,.., • A� . ./ (SEAL) Seller C`".(. !. ; 5 Brown Eyea nvee •.t LT.0 Chi 1 / % {., l' ( ) T golf 1? /. r L� • 4;01, Date: Buyer (SEAL) Seller _ (SEAL) NOV-25-2009 12:25 PREFERRED FURN COMPONENTS 336 889 7299 P.07/07 • NOTICE INFORMATION NOTE:INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address:,, _ Mailing Address: Buyer Fax#: Seller Pax#: Buyer E-mail Address: Seller E-mail Address: SELLING AGENT NOTICE ADDRESS: LISTING AGENT NOTICE ADDRESS: Individual Selling Agent:Mark Stacy Individual Listing Agent:Martha Pope License#:214566 License#: Firm Name: Cooke Realtors Firm Name:Pupa Real Estate Acting as Oa Buyer's Agent Q Seller's(sub)Agent la Dual Agent Acting as la Seller's(sub)Agent ca Dual Agent Mailing Address:d Causewav Dr Mailing Address: Selling Agent Fax#: S 9101§79-9353 Listing Agent Fax#: Selling Agent E-mail Address: Listing Agent E-mail Address: Selling Agent Phone#: Listing Agent Phone#: ESCROW ACKNOWLEDGMENT Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof Date /II / / /0 Firm: k Pope Real Estate (Si e) 1002 JAMES G HODGIN —Q� �_� � ALICE P HODGIN enrr /' 7 °60°��135' KER ERSViSQUIRE DAVIS RD. KERNERSVILLE, 27284 _ YAY 70 THE -/- -- OP.UEFi OF Q \ -- Q v DOLLARS Li :rtlf HIGH POINT BA Al POINT,NC r `/��/ na... .�z MEMO /� , (,/L69 5 2 L00 2 I:0 5 3 100 68 5i: 0600 -29-2009(THU) 08: 48 NH / FOUR SEASON FURNITURE (FRX)3368737247 P. 002/1 WORKING WITH REAL ESTATE AGENTS VOTE:Effective July 1. 2001. in every real estate sales transaction, a real estate agent shall, at first substantial contact directly IV 7roxpective buyer or seller, provide the prospective buyer or seller with the follcnving information [NC Real Estate Commission 21 NCAC 5840104(e)), When buying or selling real estate, you may find it helpful to have a real estate agent assist you. Real estate agent provide many useful services and work with you in different ways. in some real estate transactions, the agents work for the sell others, the seller and buyer may each have agents. And sometimes the same agents work for both the buyer and the seller, important for you to know whether an agent is working for you as your agent or simply working with you while acting as an agi the other party. This brochure addresses the various types of working relationships that may be available to you. It should help you d which relationship you want to have with a real estate agent. It will also give you useful information about the various service estate agents can provide buyers and sellers,and it will help explain how real estate agents are paid. SELLERS Seller's Agent Tf you are selling real estate,you may want to "list" your property for sale with a real estate firm. if so, you will . "listing agreement" authorizing the firm and its agents to represent you in your dealings with buyers as your seller's agent. Yen also be asked to allow agents from other firms to help find a buyer for your property, Re sure to read and understand the listing agreement before you sign it. Duties to Seller:The listing firm and its agents must • promote your best interests • be loyal to you - follow your l instructions • provide you with all material facts that could influence your decisions • use reasonable skill, care and diligencc account for all monies they handle for you. Once you have signed the listing agreement, the firm and its agents may not giv confidential information about you to prospective buyers or their agents without your permission so long as they represent yen until you sign the listing agreement,you should ovoid telling the listing agent anything you would not want a buyer to know Services and Compensation: To help you scll your property, the listing firm and its agents will offer to perform a ni of services for you. These may include • helping you price your property • advertising and marketing your property • giving y required property disclosure forms for you to complete • negotiating for you the best possible price and terms- reviewing all ' otters with you and•otherwise promoting your interests. For representing you and helping you sell your property, you will pay the listing firm a sales commission or ice: listing agreement must state the amount or method for determining the commission or fee and whether you will allow the firm to its commission with agents representing the buyer. Dual Agent You may even permit the listing firm and its agents to represent you and a buyer at the same time. This "dual a relationship" is most likely to happen if an agent with your listing firm is working as a brrycr'c agent with someone who wa purchase your property. if this occurs and you have not already agreed to a dual agency relationship in your listing agreement listing agent will ask you to sign a separate agreement or document permitting the agent to act us agent for bath you and the buyer. It may be difficult for a dual agent to advance the interests ot'both the buyer and seller.Nevertheless,a dual agent treat buyers and sellers fairly and equally.Although the dual agent owes them the same duties, buyers and sellers cart prohibit agents from divulging certain confidential information about them to the other party. Some firms also offer a form of dual agency called "designated agency"where one agent in the firm represents the and another agent represents the buyer.This option (when available) may allow each "designated agent" to more fully represen T-29-2009(THU) 08: 48 HH / FOUR SEASON FURNITURE (FRX)3368737247 P. 003. BUYERS When buying real estate,you may have several choices as to how you want a real estate firm and its agents to woi you.For outmple,you may want them to represent only you (as a buyer's agent).You may be willing for them to represent be and the seller at the same time (as a dual agent). Or you may agree to let them represent only the seller(seller's agent or sub: Some agents will offer you a choice of these services. Others may not. Buyer's Agent Duties to Buyer:If the real estate firm and its agents represent you, they must• promote your best interests • be I you • follow your lawful instructions • provide you with all material facts•that could influence your decisions • use reasonabl care and diligence,and•account for all monies they handle for you.Once you have agreed(either orally or in writing)for the fi. its agents to be your buyer's agent, they may not give any confidential information about you to sellers or their agents withoi permission so long as they represent you.But until you make this agreement with your buyer's agent,you should avoid telli agent anything you would not want a seller to know. Umi'ritten Agreements: To make sure that you and the real estate firm have a clear understanding of what your relati will be and what the firm will do for you,you may want to have a written agreement. However,some firms may be willing to re and assist you for a time as a buyer's agent without a written agreement. But if you decide to make an offer to purchase a pa property,the agent must obtain a written agency agreement.If you do not sign it,the agent can no longer represent and assist you no longer required to keep information about you confidential. Furthermore, if you later purchase the property through an agei another firm the agent who first showed you the property may seek compensation from the other firm. Be sure to read and understand any agency aveement before you sign it. Services and Compensation: Whether you have a written or unwritten agreement,a buyer's agent will perform a nut services for you. These may include helping you - find a suitable property • arrange financing • learn more about the proper otherwise promote your best interests. If you have a written agency agreement, the agent can also help you prepare and su written offer to the seller. A buyer's agent can be compensated in different ways. For example, you can pay the agent out of your own i Or the agent may seek compensation from the seller or listing agent first, but require you to pay if the listing agent refuses.Wi the ese, be sure your compensation arrangement with your buyer't agent is spelled out in a buyer agency agreement before yot an offer to purchase property and that you carefully read and understand the compensation provision. Dual Agent You may permit an agent or firm to represent you and the seller at the same time. This "dual agency relationship" likely to happen ifyou become interested in a property listed with your buyer's agent or the agent's firm.Tfthis occurs and you h already agreed to a dual agency relationship in your(written or oral)buyer agency agreement,your buyer's agent will ask you tc separate agreement or document permitting him or her to act as agent for both you and the seller. It may he difficult for a dual a; advance the interest;of both the buyer and seller.Nevertheless,a dual agent must treat buyers and sellers fairly and equally.Al the dual agent owes them the same duties,buyers and sellers can prohibit dual agents from divulging certain confidential infor about them to the other party. Some firms also offer a form of dual agency called "designated agency" where one agent in the firm represents tit and another agent represents the buyer. This option (when available) may allow each "designated agent"to mare fully reprise; party. If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between panic competing interests, it is especially important that you have a clear understanding of•what your relationship is with the dual age what the agent will be doing for you in the transaction. This can best be accomplished by putting the agreement in writing earliest possible time. Seller's Agent Working with a Buyer If the real esuttc agent or firm that you contact does not offer buyer agency or you do not want them to act as your agent, you can still work with the firm and its agents.However,they will be acting as the.teller's agent (or"subagent").The erg still help you find and purchase property and provide many of the same services as a buyer's agent. The agent must be fair with 3 -29-2009(THU) 08: 49 HH / FOUR SEASON FURNITURE (FRX)3368737247 P. 004/ WORKING WITH REAL ESTATE AGENTS This is not a contract By signing.I acknowledge that the agent named below furnished u copy of this brochure and reviewed it with me. Ken Hill Jim Hodtrin Buyer or Seller Name(Print or Type) Buyer or Seller Name(Print or Type) BuyerA42 -a ui Seller Signature B r filler Si afire' October 28, 2009 October 28, 2009 Date Date Cooke Realtors Firm Name Mark Stacy 214566 _ Agent Name and License Number Disclosure of Seller Subagency a When showing you property and assisting you in the purchas of a property, the above agent and firm will represent the SE For more information,see'Sellers Agent Working with a l3u 'In the brochure. Buyer's Initials Acknowledging Disclosure: � C Agents must retain this acknowledgment for their files. WALTER MARK STACY 1325 PH.910-579-1247 1716 W SANDRIDGE CT OCEAN ISLE BEACH,NC 28469 66-112i531 BRANCH 62201 "../.404011, ollii'o• BB&T BRANCH BANKING AND TRUST COMPANY 1-800-BANK BBT BBT.com 64140C 03IZ 1:0 5 3 10 1 1 2 L I:0 0 0 5 2 19 78 0 4 2 9 u■ 01325