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HomeMy WebLinkAbout50395D - McGirt LAMA/ ❑DREDGE & FILL N? 5 NENERAL PERMIT Previous permit# fJew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued ized by the State of North Carolina, Department of Environment and Natural Resources /l oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 7/4'.1.2400 7 P•Kules attached.al Name +.t �t 71 t .,S�I, 9.za.I I rK,a r' Project Location: County eaA;f4s wic/C. ,Y� I R f C 911s c ie,...., ,Qb r3 Street Address/State Road/Lot#(s)/2D 2 tt /2 ix. 44 state^f ZIP 271 ?J / ?Q(0 1/,%/,ay .c /2,. ,cs. 10 7 , (2921)40F. `/pr Fax#( ) Subdivision :dAgent .eS ,cles city5><i4/)ai/- ZIP 27f2 ❑CW 1LEW 0.PTA pES ❑PTS Phone# ( ) River Basin Lt,, ❑OEA ❑HHF ❑IH ❑UBA ❑N/A Adj.Wtr. Body_aalk e R,do4. / ❑ PWS: ❑FC: /t z/ 141 'es I PNA yes Crit.Hab. yes// no Closest Maj.Wtr. Body Project/Activity (GZ i(/R -I.P t% / 2 2)4i c/' cr 0.,D 4 1,,r'4-- (Scale:/ k)length 90') G ' 01,"' /4'JS J 7 J 's / C u z I ' ,�v. gth ber i /Riprap length I / � ( . distance offshore j i j ! I . ___ ,distance offshore j ,S I I / �I_ �— I I 9i ' -0-7,00..), I -- ic yards oatlif�1 y ie 2 I M Ildozing -.. r- +� �(e.171 /D ',I( f' I ,� f yo' 1 IT Length 4; , a } { b� `,_ not sure yes i . not sure yes L L I I��P im: n/a yes i C\'t�J� — 1 . _ l v yes Q V if i✓ 0 Z ..4 12 4•P-I 70 4 144'9,e r V.1 R►t!e �� ttacherg I e) no / ( � f ig permit may be required by:,I2 C4NS,,,,c It £' i r 1/ I i See note on back regarding River Basin r JOHN R. WEST FIRST BANK 1595 CROWN CREEK CIRCLE SW OCEAN ISLE BEACH,NORTH CAROLINA 28469 OCEAN ISLE.BEACH,NC 28469 66-456-531 (910)•.575-5271 PAY TO THE Oce ORDER OF I,, -I I � L7c7 U' V LL kkiN air 2.d W`IcLI,'S eriekt SO3R MEMO Vt„ 6/1-----_--------___- II'0000a L7SII' I:053 L04568I: 79 3000 5 7 5II■ 330 gS 1,,niv Oi,01 7t* ;IA ry,'w '.' 3'S4 St " e R;ve, -77-50(0 Tote , 1130.16 j 101,7o envnto 1414' 10)(70 eNeved o b ..,,,,, 1 n kteAd -----, ,...4.41. ,,.. po,local"'"• ,,, '..---- -1 f i , 1 ::, • — 1 i,-.•: g'--- i . . I—-----_ ...7 ti_..... ' I I i .,.. ...„....._ "-"- o 41*"1 -*--"---"L"----------- ,..... - \ID°CI-trkiClie t..-1--C1.------------------"_=7:7::::::-.. .—.....7...-....-----, •-- --• — laG NI 11,i e fri ke --- - 10/01/200B 08:33 7045252243 SOUTHEASTERN TECHNOL PAGE 02/I A • IN North Carolina Depart rear of Enviranmentand Nat Resources Dlirifi WI at Coastal Management Mi:to f_Eel*Y.Governor Cl MAW&.roNM.Director Whom G boss „Secs etto Authtartzed ,kgent Consent Agreement _y It hereby authorized to act on my half (FYvolrn Nome ol Agent') In ordeq to obtain any CAMA perm (s)requireo for the property lifted below. The authorization re ifmit i to the speoiffd activrties described in the attached•1ca:ch. EOCA1ON OF PROJECT: —L to- /2 of / 7D6 I/�///� .✓f/j�l PRDP RTY OWNER MAILING ADDRESS: . l t/r /per/ 0 Seas n� i�el N /Ai& /2e , yl M.)044 INS kic Z217-3 PHONE NO.£-�'' d 4.)(aq - 9'1 c AUTHCifiIZED AGENT SWUNG ADDRESS: .a.15cts c wwc\ Cvee ik� u ' PHONE NO. -3 te7- 6 ci I Slgn,tute of Property Owner: -1 Signett>Ihe of Authorized Agent: �, — • DIVISION OF COASTAL 'MANAGE:NA:La 6 Dj ear..3•1., RO P_Ellip_LOWNERAQTLEIC ANTON/W.-AVER FC)W Nane of Individual Applying For Permilt: Addi•ess (Lot or Street #, Sneet or Road) (City and County) I h4eby certify that I own property adjacent to the above-referenced_property. The indiv appying for this permit has described to me as shown on the attached drawing the developmen are proposing. A description or drawinj:, with dimensions, should be provided with this lett I have no o ections to this proposal. If yi)a live objections to what is boring proposed, please write the Division of Co 114uagement,. 127 Cardinal Drive Fatension, Wilmington; NC 28405 or call 910-395- withiin 10 days of receipt of this notice. No response is considered the same as no object youtiave been notified by Certified wail. 747177frgEerthri I understand that a pier, dock, mooring pilings, breakwater, beat house or boat lift mu set flick a minimum distance of 15' from my area of riparian access - unless waived by MI you wish to waive the setback, you mi st initial the appropriate blank below.) :!! I do wish to waive he 15' setback requirement. Clo I flitriot wish to wave the 15' setback requirement. ....e.,awarorn.A•mma.••• S ignilName Date • Na-\ \,\ke s AktissA Print Name Tr — DIVISION OF COASTAL MANAGEMENT A MAC ENT RIPA.RTAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of. Individual Applying For Permit: eor „,„/ m .'�,� Address of Property: /2o. L 0.-_/1 U f� /7a' l/,/i� -e 62,1. 407„i. (Lot or Street II, Street or Road) (City and County) hereby certify that I own property adjacent to the above-reierenced.property. The indiv Applying for this permit has described to me as shown on the attached drawing the development Ire proposing. A description or drawing, with dimensions, should be provided with this lettt I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Co Viauagement,. 127 Cardinal Drive Extension, Willmington, NC 28405 or call 910••395.-, vithin 10 days of receipt of this notice. No response is considered the same as no objecti /ou have been notified by Certified Mail. WAIVER. SECTION understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift mth et bck a minimum distance of 15' from t my area of riparian access - unless waived by me eon wi h to waive the setback, you must initial the appropriate blank below.) 41/ • I do wish to waive the 15' setback requirement. • I do not wish to waive the 15' setback requirement. ANNWOOMOMMIOOMJ a e 7,Lte • U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2008-02690-010 County: Brunswick USGS Quad: GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Property Owner: Jeffrey A.Milliken Agent: John West PO Box 6609 West Docks&Fabricators Shallotte,NC 28459 1595 Crown Creek Road Ocean Isle Beach,NC 28469 Telephone No.: not provided Telephone: 910-575-5271 Size and location of project(water body,road name/number,town, etc.): Site is located along the Shallotte River at Lot 1A,Village Point Rd, Shallotte,NC. Latitude: 33°55' 01.0315"; Longitude; -78°22' 23.54808". Description of activity: Private docking facility on on the Shallotte River,Lot 1A,Village Point Road, Shallotte,NC as described in the PCN received by this office on 9-17-08. Applicable Law: _Section 404 (Clean Water Act, 33 USC 1344) X Section 10(Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: GP 197800056 Nationwide Permit Number: Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 of the Clean Water Act(as indicated above),before beginning work you must receive a Section 401 Water Quality Certification from the N.C. Division of Water Quality(telephone(919)733-1786). For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAMA),prior to beginning work you must contact the N.C.Division of Coastal Management in Wilmington,NC, at(910) 796-7215. Please read and comply with the attached conditions. Any violation of these conditions may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of.Engineers regulatory program,please contact Mr.David Timpy at(910)251-4634. Corps Regulatory Official ,,-�JZ Date: 09/22/2008 Expiration Date of Verification: 12/31/2010 r[uYRul ii N.LV>Ot SQHiD 1.174SX W?I A'AS•:;M.111H ii L[(wl it Pam,)LO i1 i N I . loom 34'1._Poi_AN)my 1,N)HIi1Hr bDPT'dS ItAY r,T S,111'.dfM is 1719 ^r 11A-- iv,.le?OCR)IWE ILMSLYI,IS1AS6a HE"ITNALX a.IHu):L•L'S MH.:[ri:AFE / , Alt:R.YALL'ALL,.MID anCA f�t11 SP.LC•.)max.Di MYAr J2 Al w1S) .,� n TA?,1(Alj CLifrr Mr 1K...on Al!N:w RIH:N I Ma•A LC!CaU iCDI 5!LAI.IaTT P1.:Na.&SW �r SITE �"w :[au�o1 Amak_p 5xwlsAlo p}S•Il. I h \`. " w • 3 \ DMIlgS) :AT SO) cMq+ uP ory / o +�O) ' 7 IU+nM0 cliEUCR A�Bln 3AZ 0• g. n U • bltll • s C .:P.iOS'r1 C1P!i[[r DST A[OCdID a oA ARK (47:1 r10 uvtP 3L S ��l 9.ma1TA/M AL-APPPLNA5 4NA V � *`E U ��(0 / $ ))CNIY DA?HIS. 0 • • C -,k apn 'PP j 0 ' /. .g.O \ / \\ a2 7 hP � r1SLA oaks -e.1. j C 1P '\ > . / .� VII C.J411 / • 117:1_:' \ G \ 1 u)P 1Al 23 EARD64 l \ A ` v7 PACE 711 h d. E•JSIT',m504411IS. •\ (MS t1 \ NM j' • h[45INC O[SA•O.13121.rracy 1SOM LAX C.b�•,IS CAI ntii::C PM c lCall'. \\ } awl�r> H'KILL IXJA:t1I 1>uC Int Tnz .� X.V ch4.:R �R:.1EY A.Ur1N IK ill SRl[ _�/�1 Y.Q.tll /t PM Ai}[ Q 11J1 +� !LI rr S • = I O.5V73 ACRESi- S i Y V 11r TX: . Rao - ' C / 1 `t Z C, =11.11_i r Q �f 0 J CI- U I - a • I. ti1 7/f iC 1 C _XSVa CORM �, .. •4 P mllftAndl 15 0:4-)1) lot 2.r• 7tI 'T f,, IT R.'a.4•ii.7V: I R:H 0.52412.4C FES+- .. o/ ten^ .L a`� sr. iry K 1r I • r `o U Z`d•nry I v 6 '•.i,y d `fll O alit - 4 cry 1\ [NiT11S /I uAp X 9AS1Cr r[A 11(� N)110I. / A f Lil Rr•.Y rA�s-1r_� + NSI�a �, .L' H', Q JEIFREY A. MILLIKEII r Q. 15T'PI O S xuo-Z +` Jr. 0 0 LOT IA and LOT 2A 1')1>/N16 r .4.2 Ae.r .y+t r!A:l XI 1 I ?MC A R!QUOXAMo U 101 I.1Ul I.anS WT) i - - /I^&Vr J ` /. 155 8071 ia.?.PAVE.065 I/ _ 1 /� :016E55Y:.[L'Jit o 6'4P;A;37_PM:i Si NV ftH PHR.LS 73005C64/MD/X.1KM r.•l 2.1:IN)XOJ SHALLOTTE 101141SFIP BRUNS'INCK CCiJIITY,N. C. DALE JULY 21, 1.00B SCAtE !" _ -10' D D Sl1R\Er7.9 NC Palm -Q [•PM 1R Ill I GRAPHIC SCALE I1, HIS NO. L-I2236 + u;yu 5v .ai t. K.C. :1470 _a-Cow.Irwa OR So al m 1477 w a w , 330 5sv„,; t 0l•03 i 3.Sy, 1 SIAAU.He Rivr, g o fiI1•I, 9xlo {lo��.� poc-6, DOLL ]341,6„ n3xiv tzoth,, 0161... , ,..:,___ _ . .. ....1.______ 1,x14, 0 0 _-". o 0 lb tL ,r" lyk �Uit;Fa loXZo Covtyrd 9'1(14' lox 20 ( 'vt4 `1XI4' 0 b L 4'ica tkaA Bon►{Ia , ;e►hraA.'", Battt,Ft- O 0 r" o G tr flT1 E. IIz r T.r z �� y�� pbl 4 II OFFER TO PURCHASE AND CONTRACT-VACANT LOT/LAND [Consult"Guidelines"(form 12G)for guidance in completing this form] his contract is intended for unimproved real property that Buyer will purchase only for personal use and does not hai plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platte, 5proved and recorded with the register of deeds as of the date of the contract.If Seller is Buyer's builder and the sale involy( fiction of a new single family dwelling prior to closing,use the standard Offer to Purchase and Contract(Form 2-T)with ti ruction Addendum(Form 2A3-T). Robert M. McGirt, Sharon S. McGirt ,as Buy( srs to purchase and Jeffrey A. Milliken Real Estate LLC ,as Selle >tance of said offer,agrees to sell and convey,all of that plot,piece or parcel of land described below(hereafter referred to 2 rty"),upon the terms and conditions set forth herein.This offer shall become a binding contract on the date that (i)the Is Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (ii) such signing or initialing ated to the party making the offer or counteroffer,as the case may be. Such date shall be referred to herein as the "Efectih PROPERTY: Located in Brunswick County, State of orth Caro vn as and more particularly described a?17O2 a n G 1/2 0 f 17 O(r? \i 11C 5e lit ;treet � Shallotte Zip 28240 wernmental authority over taxes,zon}ng,school districts,utilities and mail delivery may,differ fro address shown. :ription: t....p{— 1 A D 5 5`17€3 acres +/ as shovel on. a Cleo(Trap EXht bf a Name: shallotte Point once:Lot I ar 1/2 of 2 n 4)iat — c be. re Co,r-clecA as shown� or Slide 7 at Page(s) 80 acquired by Seller in Deed Book 2679 at Page 1065 for to signing this Offer to Purchase and Contract-Vacant Lot/Land, Buyer is advised to review Restrictive Covenants, may limit the use of the Property,and to read the Declaration of Restrictive Covenants, By-Laws,Articles of Incorporatioi Regulations, and other governing documents of the owners'association and/or the subdivision, if applicable. If the Proper ,o regulation by an owners' association, it is recommended that Buyer obtain a copy of a completed Owners' Associatio And Addendum(standard form 2Al2-T)prior to signing this Offer to Purchase and Contract,and include it as an addendut EIASE PRICE: The purchase price is$ 700,000.00 and shall be paid in U.! could any check or other funds paid by Buyer be dishonored,for any reason,by the institution upon which the payment i rer shall have one(1)banking day after written notice to deliver good funds to the payee.In the event Buyer does not tired d funds,the Seller shall have the right to terminate this contract upon written notice to the Buyer. The purchase price sha :ollows: 00 , EARNEST MONEY DEPOSIT with this offer by ❑ cash 120 personal check ❑ bank chec I check Q other to be deposited and held in escrow b ev Law Firm, Trust Account ("Escrow Agent") until the sale is closed, at which time it will be credited t ntil this contract is otherwise terminated.In the event: (1)this offer is not accepted; or(2)any of the conditions hereto at d, then all earnest monies shall be refunded to Buyer. In the event of breach of this contract by Seller, all earnest moni( unded to Buyer upon Buyer's request,but such return shall not affect any other remedies available to Buyer for such bread Lt of breach of this contract by Buyer, then all earnest monies shall be forfeited to Seller upon Seller's request, but suc hall not affect any other remedies available to Seller for such breach. the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow,a licensed re2 ;r("Broker")is required by state law(and Escrow Agent,if not a Broker,hereby agrees)to retain said earnest money in th sat's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its dispositioi bursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest Money, th • ...•. .-.a•. F J.4�o ae.a so w.v,.c.intrvr, Aa Jc,I..KVW AI,LPII MAY YLACE AN r MANIF.S nEPOSITEI) RY OtIVER IN AN INTEREST RF,ARiNG TRUST ACCOUNT AND THAT AN' T EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATIOI :XPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. , (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later tha , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. , OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on tli re Date as set forth in paragraph 22.(NOTE: If Alternative 2 applies,then do not insert$0,N/A,or leave blank). , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existin secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. ,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. 699,500.00 ,BALANCE of the purchase price in cash at Closing. CONDITION: 3uyer's performance is contingent upon Buyer's ability to obtain a Q Conventional Other:_ Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of years; interest rate not to exceed %per annum,with mortgage loan discount points not to exceed an origination fee not to exceed %of the loan amount("Loan"). obligations:The Buyer agrees to: ake written application for the Loan,authorize any required appraisal and pay any necessary fees within ys after the Effective Date; omptly furnish Seller written confirmation from the lender of having applied for the Loan. ils to furnish Seller written confirmation from the lender of having applied for the Loan, Seller may make written deman tnce. If Buyer does not furnish Seller written confirmation from the lender of application within five (5) days after suet en Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not receive en evidence of the application or a waiver of the Loan Condition, and all Earnest Money shall be forfeited to Seller a lamages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights unde 4 for damage to the Property. Buyer further agrees to: rsue qualification for and approval of the Loan diligently and in good faith; ontinually and promptly provide requested documentation to lender. Right to Terminate:If Buyer has complied with Buyer's Loan Obligations in subsection(b)above,then within 3 he Effective Date(or any agreed-upon written extension of this deadline) TIME BEING OF THE ESSENCE,Buyer shal ;ht to terminate this contract by delivering to Seller written notice of termination if Buyer, in Buyer's sole discretion, is nc it the Loan will be approved and funded.If Buyer has timely delivered such notice,this contract shall be terminated and al may shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived thi tereafter,if Buyer fails to close based upon inability to obtain the Loan,then all Earnest Money shall be forfeited to Seller ,vides Seller reasonable third-party documentation confirming Buyer's inability to obtain the Loan,then the Earnest Money as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller' r paragraph 14 for damage to the Property. (WARNING:Buyer is advised to consult with Buyer's lender to assure that th lays allowed for Buyer to obtain the Loan is sufficient to allow Buyer's lender time to take all reasonable steps necessary tt able loan approval.) HAZARD DISCLOSURE/CONDITION(Choose ONE of the following alternatives): pest of Seller's knowledge,the Property IS located partly or entirely within a designated Special Flood Hazard Area. Buye ;nds that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from an: (regulated institution or a loan insured or guaranteed by an agency of the U.S.Government est of Seller's knowledge,the Property IS NOT located partly or entirely within a designated Special Flood Hazard Area,If g the Effective Date of this contract, it is determined that the Property is located partly or entirely within a designatec Flood Hazard Area according to the current FEMA flood map,or if this contract is subject to a Loan Condition and Buyer' :quires Buyer to obtain flood insurance as a condition of making the Loan,then in either event Buyer shall have the right tc e this contract upon written notice to Seller,and all earnest monies shall be refunded to Buyer. (ANTiITIANC•(Rtntp AT/A in Atari,hr end,11.,t «wt a ...,A:a . a 41.__ ♦ Jerry must appraise at a value equal w or excceumg me purcnase price or, at me option or rsuyer, tins contract may t :d and all earnest monies shall be refunded to Buyer, even if the Loan Condition has been waived as provided i h 3. ontract is NOT subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the apprais :don or before July 30, 2008 s of trust,liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller prior sing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any suc ions following Closing. st be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simp: )le and insurable title, free of all encumbrances except: ad valorem taxes for the current year(prorated through the date c ; utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and suc :umbrances as may be assumed or specifically approved by Buyer.The Property must have legal access to a public right I ASSESSMENTS: NOTE: For purposes of this agreement, a "confirmed" special assessment is defined as f :hat has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it e at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by Ddy. Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk,paving,ware her improvements on or adjoining the Property, and no pending or confirmed owners' association special assessment [lows(Insert"None"or the identification of such assessments,if any): None wise agreed, Seller shall pay all owners'association assessments and all governmental assessments confirmed through d- ing, if any,and Buyer shall take title subject to all pending assessments disclosed by Seller herein,if any. TIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjust' parties or paid at Closing:(a)Ad valorem taxes on real property shall be prorated on a calendar year basis through the da ;b)All late listing penalties, if any,shall be paid by Seller; (c)Rents, if any,for the Property shall be prorated through tk ing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represen lar owners' association dues,if any,are$n/a per _.Unless otherwise agrees pay any fees required for obtaining account payment information on owners'association dues or assessments for paymer and any charge made by the owners'association in connection with the disposition of the Property to Buyer,including an or document fee imposed by the owners'association, 3ES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer le search, title insurance, recording the deed and for preparation and recording of all instruments required to secure th :e purchase price unpaid at Closing.Seller shall pay for preparation of a deed and all other documents necessary to perfon gations under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closin toward any of Buyer's expenses associated with the purchase of the Property, including any FHANa :spection costs that Buyer is not permitted to pay,but excluding any portion disapproved by Buyer's lender. ICE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effectiv contract, copies of all title information in possession of or available to Seller, including but not limited to:title insuranc 'nney's opinions on title, surveys, covenants, deeds,notes and deeds of trust and easements relating to the Property. Seth l) any attorney presently or previously representing Seller to release and disclose any title insurance policy in suc to Buyer and both Buyer's and Seller's agents and attorneys;and(2)the Property's title insurer or its agent to release an naterials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents an AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory t k,rvnwg, *nun uc uciwwu uS Inc uarc unu rune or rt:cawwing of the aeea ana snan be On or betot [gust 20, 2008 (the"Closing Date").All parties agree to execute any and all documents and papers necessar on with Closing and transfer of title on or before the Closing Date at a place and time designated by Buyer. The deed to Robert N. HcGirt & Sharon S.McGirt Dement to the contrary in this contract or any subsequent modification thereto,the following terms shall apply:If either part close by the Closing Date,then provided that the party is acting in good faith and with reasonable diligence to proceed t ch party shall be entitled to reasonable delay of the Closing Date and shall give as much notice as possible to th ig party and closing agent. In such event, however, either party for whom the Closing Date is delayed shall have of ten (10) days from the Closing Date, or any extension of the Closing Date agreed-upon in writing, in which to clo: anent of interest.Following expiration of the ten-day period,the party not ready to close shall be responsible for paying t arty (if ready, willing and able to close)interest on the purchase price at the rate of eight percent(8%)per annum accruin id of the ten-day period until closing occurs or the contract is terminated. Should the delay in closing continue for more tha lays from the Closing Date or the last agreed-upon extension of the Closing Date,then the non-delaying party shall have th ight to terminate the contract and receive the earnest money,but the right to such receipt shall not affect any other remedii the non-delaying party for such breach. SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLES )N IS OTHERWISE MADE IN WRITING, SSION: Unless otherwise provided herein, possession shall be delivered at Closing_ No alterations, excavations, tre other such activities may be done before possession is delivered. Seller shall remove, by the date possession is mad the Buyer,all personal property which is not a part of the purchase and all garbage and debris from the Property. ;RTY INSPECTION/INVESTIGATION(Choose ONLY ONE of the following Alternatives); tNATIVE 1: Itilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(s) that (i) the so or Buyer's Intended Use,(ii)utilities are available to the Property,(iii)there is no environmental contamination, law,rule c that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limit ;nded Use(collectively the"Reports").All costs and expenses of obtaining the Reports shall be borne by Buyer.Buyer shal best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Barne: posit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller b3 see addendum that this condition cannot be satisfied, TIME BEING OF THE ESSENCE. 'Sewer System(check only ONE): as investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto a nd hereby approves and accepts said Improvement Permit. ;presents that the system has been installed,which representation survives Closing,but makes no further representations a m. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option o rr obtaining, at Buyer's expense,inspection(s)to determine the condition of the system.If the system is not performing th •which intended and is in need of immediate repair,Buyer may terminate this Contract and the Earnest Money Deposit shal to Buyer.Buyer waives this condition unless Buyer provides written notice to Seller by idition cannot be satisfied, TIME BEING OF THE ESSENCE ntract is contingent upon a Buyer 0 Seller("Responsible Parry")obtaining an Improvement Permit or written evaluatioi .unty Health Department("County")for a(check only ONE)El conventional or ❑ other option sewage system for a 4 bedroom home.All costs and expenses of obtaining such Permit or written evaluation ne by Responsible Party unless otherwise agreed. In any event Seller,by no later than August 15, 2008 wnsiblc for clearing that portion of the Property required by the Cqunty to perform its tests and/or inspections. Responsibl use best efforts to obtain such Permit or written evaluation. If the Improvement Permit or written evaluation from th, :tot be obtained by August 19., 2008 (date),either party may terminate this Contract and the Earnest Mone' II be refunded to Buyer. as investigated and approved the availability,costs and expenses to connect to a ❑public or ❑ community sewer system (check only ONE): is investigated and approved the availability,costs and expenses to connect to a ❑public or lJ community water systen nrlv"tP u,p11 nzscros mat a pnvaie armxurg water weu nas oven msrauea,wnncn representation survives Closing, but makes no furthc ,ns as to the well. With respect to wells installed after July 1, 2008, Buyer acknowledges receipt of the County Healt o Certificate of Completion attached hereto as Exhibit A.Buyer shall have the option of inspecting or obtaining,at Buyer' pection(s)to determine the condition of the well. Tf the well is not performing the function for which intended and is i ediate repair,Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer.Buyer waive a unless Buyer provides written notice to Seller by N/A that this condition cane TIME BEING OF TILE ESSENCE. tract is contingent upon IZI Buyer Q Seller("Responsible Party")obtaining a Construction Permit from the County Healt ("County")for a private drinking water well.All costs and expenses of obtaining such Permit, including but not limited t I survey, shall be borne by Responsible Party unless otherwise agreed. In any event Seller, by no later tha addendum ,shall be responsible for clearing that portion of the Property required by the County to conduct a fiel to evaluate the site. Responsible Party shall use best efforts to obtain such Permit. If the Construction Permit from th of be obtained by see addendum (date),either party may terminate this Contract and the Earnest Mone I be refunded to Buyer. vG SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITIO1 tOVISION IS OTHERWISE MADE IN WRITING. vATIVE 2:(This Alternative applies ONLY if Alternative 2 is checked AND Buyer has paid the Option Fee.) y Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 2(c) paid by Buyer t iscrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option Fee": have the right to terminate this contract for any reason or no reason, whether related to the physical condition of th otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.m. o , TIME BEING OF THE ESSENCE(the"Option Termination Date").At any tim ing,Buyer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections of th hiding but not limited to those matters set forth in Alternative 1,performed prior to the Option Termination Date). .t of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, TIME BEING OF Till his contract shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyei Option Fee will not be refunded and shall be retained by Seller.If Buyer fails to deliver the Termination Notice to Selle )ption Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as o ermination Date;provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraphs 3,4 or )ption Fee is not refundable,is not a part of any earnest monies,and will be credited to the purchase price at Closing. JG SHALL, CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITIOP tOVISIONIS 0_11IERWISE MADE IN WRITING OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right t e Property for the purpose of appraising and evaluating the Property,and performing the tests and inspections permitted a Buyer shall, at Buyer's expense,promptly repair any damage to the Property resulting from any activities of Buyer anc is and contractors.Buyer will indemnify and hold Seller harmless from all loss,damage,claims,suits or costs,which shal my contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents ani elating to the Property. This indemnity shall survive this contract and any termination hereof; but Buyer shall not b; or any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller': willful acts or omissions. PROVISIONS AND CONDITIONS; CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THT: IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, ANT RETO.(NOTE:UNDER NORTH CAROLINA LAW,REAL ESTATE AGENTS ARE NOT PERMITTED TO DRAFT ES OR CONTINGENCIES TO THIS CONTRACT.) 1 Provisions Addendum(Form 2A11-T) Q Loan Assumption Addendum(Form 2A6-T) Contract Addendum(Form 2A1-T) ❑ Owners'Association Disclosure And Addendum(Form 2Al2-T) tt Sale Addendum(Form 2A2-T) 0 Seller Financing Addendum(F...' -T) Financing Adder (Form 2A4 OF LOSS:The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. lNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, th ct shall be binding on the assignee and his heirs and successors. )EFERRED EXCHANGE; In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with t :e of the Property, Buyer and Seller agree to cooperate in effecting such exchange;provided,however, that the exchangu be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging par Lssume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such addition at no cost to the non-exchanging party, as shall be required to give effect to this provision. (NOTE: If Alternative 2 unc 13 of this contract will apply,Seller should seek advice concerning the taxation of the Option Fee.) IES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e.,Buyer and Seller and their bell and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neul ;appropriate. [VAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed a8 g, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,kept tE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducemer •ovisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by s rthing contained herein shall alter any agreement between a REALTOR®or broker and Seller or Buyer as contained in al ;ement,buyer agency agreement,or any other agency agreement between them. AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to sui nt. Any written notice or communication in connection with the transaction contemplated by this contract may be given to party's agent by sending or transmitting it to any mailing address, e-mail address or fax number set forth in the 'Notic ection below. Seller and Buyer agree that the"Notice Information"and"Escrow Acknowledgment"sections below shall ni i material part of this Offer to Purchase and Contract, and that the addition or modification of any information therein sin ute a rejection of an offer or the creation of a counteroffer. This contract may be signed in multiple originals, all of whic institute one and the same instrument,and the parties adopt the word"SEAL"beside their signatures below. has❑ has not made an on-site personal examination of the Property prior to the making of this offer. TH CAROLINA ASSOCIATION OF REALTORS®,INC.AND THE NORTH CAROLINA BAR ASSOCIATION MAK PSENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN AN TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT 1T DOES NOT PROVIDE FO GAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIG: 31 r a 2008 Date: July 30, 2008 WA M " (SEAL) Selle f b o°172. .ert M McCirt a rey A. toil 1 Este ,ram,-5�008 Date_ iv 30, 2008 (SEAL) ion 3. tdc(3irt NOTICE INFORMATION !SERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FO EIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NC 'OTICE ADDRESS: SELLER NOTICE ADDRESS: idress:9502 Richardao:n Eimc Roast, 4taxhaw Mailing Address: V: Seller Fax#: ail Address: _ Seller E-mail Address: AGENT NOTICE ADDRESS: LISTING AGENT NOTICE ADDRESS: Selling Agent:Jaffrey A Milliken Individual Listing Agent: 7G 4/Ci License#: ;: 22727 6 Firm Name: Buyer's Agent U Seller's(sub)Agent Dual Agent Acting as ❑Seller's(sub)Agent ❑Dual Agent (dress:P P.O. Box 359 359 Longwood, NC_ Mailing Address: ent Fax#: (910)287-5116 Listing Agent Fax#: :nt E-mail Address:bearareek@atmc.net Listing Agent E-mail Address: snt Phone#:A910)540-7190 Listing Agent Phone#: ESCROW ACKNOWLEDGMENT ;eat acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with th of 2 /l 7— ( V Firm: Staple Law 8i Trust Account By: ABI Si1'ature) CONTRACT ADDENDUM This is an ddendum to a certain Offer to Purchase and Contract-Vacant Lot/Land dated 7/3( 1 O , 2008 between Jeffrey A. Milliken Real Estate as "Seller" and Robert M. McGirt and Sharon S. McGirt as "Buyers"for the real property located at 1710 & l of 1706 Village Point Road, North Carolina and further known as Lot 3 and V2 of Lot 2 Shallotte Point as shown on a plat recorded in Map Book.37, Page 80 of the Brunswick County Registry. It is the specific understanding of the parties that the following conditions sha become part of the contract; Buyer hereby makes this Offer to Purchase and Contr c -Vacant Lot/Land and Co�� -i addendums thereto, contingent upon the approval for Tour(4) Bedroom Septic Permit. Buyer shall have the right to terminate this Offer to Purchase and Contract-Vacant Lot/Land and addendums thereto, and receive a full refund of all earnest monies. ra��l S p r l� rteee5 � e�ov�rnnnet.(�1 app uir'ec Buyer hereby makes this Offer to P chase and Contract-Vacant Lot/Land and addendums thereto, contingent upo on said property. off: Buyer shall have the right to terminate this Offer to Purchase and Contract-Vacant and be Lot/Land and addendums thereto,and receive a full refund of all earnest monies. II IN THE EVENT OF A CONFLICT BETWEEN THE ADDENDUM AND THE 7C`k----� OFFER TO PURCHASE AND CONTRACT, THIS ADENDUM SHALL CONTROL. Date:,9. 3/. Z6or Date: /9 Buyer leekd�:{6 ,. Seller Robert M. McGirt e rp1A. Milliken Real Estate Date:_ 2c)or Date: Buyer_Iha-2 y✓7/ 79?(4 Selle Sharon S. McGirt CERTIFICATION: OWNER ACKNOWLEDGEMENT: I JAM K.DALE CERTIFY THAT THIS PUT WAS DRAWN I(RE). HEREBY CERTIFY THAT Au(WE ARE)THE OWNERS OF THE PROPERTY BY ME FROM AN ACTUAL SURVEY MADE UNDER MY SUPERAPSION SHOWN AND DESCRIBED HEREON WHICH WAS CONVEYED TO ME(US)BY DEED RECORDED IN THAT THIS PUT WAS PREPARED IN ACCORDANCE win BOOK_PAGE_AND THAT I(WE)HEREBY ADOPT THIS PLAN OF SUBDIUSID! • NAMED.47-30 AS NAED.THE ERROR OF CLOSWC IS I: IOfK)D AS MARRED BY DR 0.M0.METHOD.REFERENCE DEEDS (OUR)WITH MY R FREE CONSENT,ESTABLISH THE MINIMUM BUILDING LINES AND DEDICATE 6/d1 PUTS: SCAR ROOK 2679.PAGE loss ALL DRAINAGE WAYS AND OTHER OPEN SPACE TO PUBLIC OR PRIVATE USE AS NOTED MAP CAB.37.PAGE DO FUTHER,I(WE)CERTIFY THAT THE LAND AS SHOWN HEREON IS WITHIN THE SUBDNSION SHALLOT REGULATION JURISDICTION Cr BRUNSWICK CDJNTY. WITNESS W ORIGINAL SIDNRIKE REGISTRATION NUMBER AND SEAL THIS 2/ DAY OF JTAA.R 20DB OWNER(S) DATE Yn//� ., CARO " I., 20Q•�Fnn9gl' PLANNING DIRECTOR OR DESIGNEE DATE K.DALE • 41250 • APPROVAL EXPIRES IF NOT RECORED ON OR BEFORE (DATE)ANTI MUST BE ..R SUBMITTED FOR RE-APPROVAL. �4N K.ON'' LI1y 9< O�J1\ R/W • i <A \ LPG S.4 \>> h PNNLUP CHEERS NRA RIM AN C.\ Y� .... JEAN CHEERS ^ 14T2/652 MAP CAR.23 E.IRON • DOA\ PACE 326 NOTES: THIS PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS,COVENANTS, 'p \ COS • RESTRICTIONS.RIGHT-OF-WAYS OF RECORD,GOVERNMENTAL ORDINANCES Q ROI .�B,I "I6 AND/OR REQUIREMENTS*NCH EXIST AND EMT THE USE OF THIS � aE, •I.ef,(RI / PROPERTY. GG / — \ 7 '! • F E%ISTNC THIS SURVEY DOES NOT CERTIFY LEGAL TITLE TO THE LAND ITSELF, IRON JEAN C.(STEERS EASEMENTS.114E BOUNDARIES SHOWN,ACCESS.ZONING RESTRICTIONS. • ? 2491/56O UTILITIES,NOR TO WHETHER ROADS SHOWN HEREON ARE PUBLIC OR %"A MAR CAB.36 PRIVATE ANY ARO ALL SETBACKS SHOWN HEREON WERE PRONDED TO ME EXISTING PAGE 357 BY OTHERS AND SHOULD BE VERIFIED NTH AN ATTORNEY AND/OR THE RR SPIKE I' PROPER AUTHORITY FOR ACCURACY. •/_ EXISTING , IRON 57g�73 L I.JAN K.DALE,PROFESSIONAL NAND$IINVEYDIT,CERTIFY Qfr: / ERV RO NTNG 1- THAT THE 91RVEY IS OF ANOTHER CATEGORY.SUCH AS THE / I 4 RECOMBINATION OF EXISTING PARCELS.A COURT-ORDERED �C� r 19_J1O' 3 SET 1/YIN /yd(,(J{[/, SURVEY,OR OTHER EXCEPTION TO THE DEFINITION OF /� l SUBDIVISION -k is LOT IA � / D3.09 I Q• ^ T` O.554)H Qp EXISTING 'L • / TO IRON / 1I9. .DALE 1-1210 4/ .. SET 1/2-IP ;/ / . Ct S� 1• Or L1 �.: CY I, REAPER OFFICER OF BRUNSWICK COUNTY T/I2 T• N?e/ it CERIKT THAT DIE MAP OR PLAY TO MHICN THIS CERTIFICATION IS EXISTING 52�2� EE 0/ I /W AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. IRON O Z/ Q�r SET I/YIP,N o Qr 0 N7,T REVIEW OFFICER �p/•W F., 10,4 A v R/W / „IT NOTES: EXISTING I 3 M, • PROPERTY GROUND DOOR HAZARD AREA S R/W Mi7}3.ii•y. / EXISTING JEFF RNA FLOOD NAP IDENTIFIES PARCEL AS BEING IN /._ IRON h FRM ZONE%AND At(ISO) AO1 h F67•RN COMMUNITY NO.370295 KFNDALL HARUEE IA,/ �. AL LOT PANEL NO.372OT096O0J• 1193/b5 6/2/06 MAP CAB.Y H / r PACE 331 r W BEING A RECOMBIF ZONING R6OOO /,, DEED SETBACKS:FRONT 25' / Ni fORUFRLT REC( REAR 9' SOE 5' TAX PARCELS 23OD SOE STREET 15' SHALLOTTE TOWNSHIP LEGEND JULY 21. 2008 D A L--E TYPE NOTED .. ........ .....-