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HomeMy WebLinkAbout53122D - Stilwell CAMA / DREDGE & FILL ''I 5c c iEN ERAL PERMIT Previous permit# New Modification Complete Reissue Partial Reissue Date previous permit issued ized by the State of North Carolina, Department of Environment and Natural Resources r :oastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC 7//, // 0 1 /2 0, L Ru1es attached. :Name (9/11G- f A S7",L A/CL L Project Location: County f i,c/" / 7.3 7 L e riy s/OA e ?a , Street Add ress/State Road/ Lot#(s) /?0 9 QC' 6i9-&/4 f State/V C ZIP 2 72 i rj t e Z r /7 / (7J ) 7)Y/'2 /_f Fax# ( ) _ Subdivision ed Agent City ZIP ❑CW EW kllitrA- L fS ❑PTS Phone # ( ) River Basin L i1 ni ❑OEA HHF ❑IH 7 UBA ❑N/A Adj.Wtr. Body?lt.Ak/'AS 4 (a '-e /( -(nat ❑PWS: ❑FC: yes /c PNA yes / no Crit.Hab. yes / no Closest Maj.Wtr. Body 4t/ Project/Activity ,,a i iI fr7{ , ',L /DOC Al /- 80 a/`/j Pod (Scale: :k)length .(s) /0'X Y i — t— i ier(s) i 1 ...-........ —j—_I—.._.-_._ j _— ngth I ; Tiber Riprap length y /lJ..rW.4) .0'ow ;distance offshore ...6:.4. ' t _.-...._- I Lx distance offshore -61-4 .. _ _ ,q cannel t 1 E/� t "1 /Kl(4 j C #'C k ti'.'. . — — i i I Dic yards /('' i I rip — I se/Boatlift I l 4 I -- V- I — 1 ulldozingIIIII k r I. r Y / �c6 ' j � T � ",. aA n p //, ')I Y ' fa13 +� g' —.— y i■I:I�I p — e Length / — , "civii� o not sure yes -----"'� I 1 •s: not sure yes " ., titt 1 cum: n/a yes 62 I A. .no 3 6 9 _ Attached: yes ng permit may be require by: 2uN f -/'C e (1 ,-// I See note on back regarding _Riiver Basin r Snnrial Cnnrlitinnc Rtirr'bor finJ1r iv r i �! irw/0/ ,-,6,2! �4Aiv /7 t.,. [7 16{ O r W/I/et )Gd , JAMES BARRY STILWELL PATRICE KERR STILWELL /, 66 1737 LONGSHORE DR. f/f/ !/ % / ,�• SHALLOTTE, NC 28470 DATE n DAY TO THE $ i r ORDER OF J a 'V, /.4-6 //oe DOLLARS Bank ofAmerica•••". Premier Banking ACH R/T 053000196 i / A�� • i:053000 L'161: 0006954006 L711' L440 JAMES BARRY STILWELL 146 PATRICE KERR STILWELL 66 19.530 1737 LONGSHORE DR. 1( C C/ Q 137 SHALLOTTE, NC 28470 l l DATE ^ 2)E—iv 0nAYTO1HE_ ,ORDER OF I La (9Z .t.ti AZ&C q L L 0 i( c e c. • Bank of America� Premier Banking 40, ACH R/T 053000196 , f~ �k-1 411'9021 (..(2_ ck ; k j'4 I:053000 1961: 00069 S11006 I, ?Hi 3.465 G.,,,.,v4b �G.r r criLt....).e_ ( if1.3-1- \--r<) CL6r" Or, SLc.1 ` cA -Le. , r _C- 2At4-1 Lic(11 (- ,s 9 . 1--(03 G (cS ►cl) -14o . LIs2,6,, L/309 Oc49e/a 14-Pete A✓e p. c �Ep`h .__ _ 2,‘-I 1 5%-' sA c S. ZS b -- P 1 '' 0,1 A Mas � �t, �� � Pi vLOh-T"N , 4,1` -1- St4 m '71707 G-�i��771 n ng azao' Zc' rvd p 6,E7. l/ a,✓1 7 YS /zi v 6'sj r r &i Pope Real Estate 1782 Shallotte Inlet Drive Shallotte NC 28470 Phone: 910-754-7673, Fax: 910-754-7677 OFFER TO PURCHASE AND CONTRACT 4ES BARRY STILWELL hereby offers to purchase and w' RAY parcel of land described below,togethe upon acceptance of said offer, agrees to sell and convey, all of that plot,pieceor g rements located thereon and such fixtures and personal property as are listed below(collectively referred to as the "Prop following terms and conditions: L PROPERTY: Located in the City of N/A BRUNSWICK ,State of North Carolina,being known as and more particularly des Address 4309 OCEAN BREEZE AVENUE 3overnmental authority over taxes, zoning,school districts,utilities and mail delivery may differ from address shown. scription: , 6 s 7, SHALLOTTE INLET PARK ❑A portion of the property in Deed Reference:Book 0274 , Page No. 0542 , BRUNSWICK C< Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, whic use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rul ,ns, and other governing documents of the owners'association and/or the subdivision, if applicable. If the Property is slit by an owners' association, it is recommended that Buyer obtain a copy of a completed Owners' Association Discloses m (standard form 2Al2-1) prior to signing this Offer to Purchase and Contract, and include it as an addendum hereto. CURES: The following items, if any, and if owned by the Seller, are included in the purchase price free of liens: any 1 s, light fixtures, ceiling fans, attached floor coverings,blinds, shades, drapery rods and curtain rods, brackets and all window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and rec se/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas lop, fireplace inserts, f oor openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage s, wall and/or door mirrors,attached propane gas tank, invisible fencing including all related equipment,lawn irrigation s elated equipment, water softener/conditioner and filter equipment, and any other items attached or affixed to the Pr 'any such items leased by the Seller and the following items: SONAL PROPERTY: The following personal property is included in the purchase price: ED WITH EXCEPTIONS SUCH AS 3 TABLES, 2 LAMPS, SOME DISHES, PICTURE IN DINING AREA,LAWN MOWER. ICHASE PRICE: The purchase price is$ 235,000.oo and shall be paid in U.S.Dollars. Should any check c Lid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall ha ing day after written notice to deliver good funds to the payee. In the event Buyer does not timely deliver good funds, the e the right to terminate this contract upon written notice to the Buyer.The purchase price shall be paid as follows: )00.00 ,EARNEST MONEY DEPOSIT with this offer by 0 cash ®personal check ❑ban] rtified check ❑other: N/A to be deposited and my by POPE REAL ESTATE ("Escrow Agent")until the sale is ell ;h time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1)this offer is not accel . ,- . .. 111 - --_-•-- _L..I7 6.,..,,R,...70.7 •.. u...,a rn the PVPnt of hrAach • disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. ;heck if applicable)THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCI VT MAY PLACE ANY EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST BEARING TF )UNT, AND THAT ANY INTEREST EARNED THEREON SHALL BELONG TO THE ESCROW AGEN 5IDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECC )CiATED THEREWITH. , (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no late ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. , OPTION FEE in accordance with paragraph 16, Alternative 2, to be paid to Seller Live Date as set forth in paragraph 27. (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 e) s) 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. ,000.00 ,BALANCE of the purchase price in cash at Closing. N CONDITION: Convey I. Buyer must be able to obtain a FHA VA(attach Fl IA/VA Financing Addendum) her: N/A loan at a U Fixed Rate 0 Adjustable Rate in the principal amo (plus any financed VA Funding Fee or FHA MiP) for a tenn of N/A year(S) 1 interest rate not to exceed N/A %per annum, with mortgage loan discount points not to exceed N/A amount("Loan"). Obligations: The Buyer agrees to: Vlake written application for the Loan,authorize any required appraisal and pay any necessary fees within N/A Jays after the Effective Date; Promptly furnish Seller written confirmation from the lender of having applied for the Loan. iyer fails to furnish Seller written confirmation from the lender of having applied for the Loan, Seller may make written d ompliance. if Buyer does not furnish Seller written confirmation from the lender of application within five (5) er hdays as not tr rod,then Seller may terminate this contract by written notice to Buyer at any time thereafter, p rovir written evidence of the application or a waiver of the Loan Condition, and all Earnest Money shall be forfeited to Si dated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's right graph 17 for damage to the Property.Buyer further agrees to: Pursue qualification for and approval of the Loan diligently and in good faith; Continually and promptly provide requested documentation to lender. oility to Obtain Loan Approval: If Buyer has complied with Buyer's Loan Obligations (iii) and (iv) above, then days after the Effective Date(or any agreed-upon written extension of this deadline) TIME BEING 0 'ENCE, Buyer shall have the right to terminate this contract for inability to obtain Loan approval by delivering to Seller e of termination. If Buyer has timely delivered such notice, this contract shall be null and void and all Earnest Money e nded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived this condition. There: er fails to close based upon inability to obtain the Loan,then all Earnest Money shall be forfeited to Seller as liquidated d as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under paragraph age to the Property.(WARNING: Buyer is advised to consult with Buyer's lender to assure that the number of days alto, er to obtain the Loans sufficient to allow Buyer's lender time to take all reasonable steps necessary to provide reliat royal.) )OD HAZARD DISCLOSURE/CONDITION (Choose ONE of the following alternatives): To the best of Seller's knowledge, the Property iS located partly or entirely within a designated Special Flood Hazar Buyer understands that it may be necessary to purchase flood insurance in order to obtain any loan secured by the i from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S.Government To the best of Seller's knowledge, the Property IS NOT located partly or entirely within a designated Special Flood Area. if following the Effective Date of this contract, its determined that any permanent improvements on the Prop located within a designated Special Flood Hazard Area according to the current FEMA flood map, or if this contract is to a Loan Condition and Buyer's lender requires Buyer to obtain flood insurance as a condition of making the Loan, . .. , .__ -_L. ._ . ..,:.,..o .r,;,, n.,nrrnt t 'mon written notice to Seller, and all earnest monies rated and all earnest monies shall be refunded to Buyer,even if the Loan Condition has been waived as provided in parag contract is NOT subject to a financing contingency requiring an appraisal,Buyer shall arrange to have the appraisal con before N/A eeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller r Closing such that cancellation may be promptly obtained following Closing Seller shall remain obligated to obtain an :nations following Closing. must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee etable and insurable title, free of all encumbrances except: ad valorem taxes for the current year(prorated through the rig); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; an encumbrances as may be assumed or specifically approved by Buyer. The Property must have Iegal access to a public r CIAL ASSESSMENTS:NOTE: For purposes of this agreement,a"confirmed" special assessment is defined as an asse wen approved by a governmental agency or an owners' association for the purposes)stated, whether or not it is fully l f closing A"pending" special assessment is defined as an assessment that is under formal consideration by a goveminl grants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, o tents on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as lone"or the identification of such assessments,if any): therwise agreed, Seller shall pay all owners'association assessments and all governmental assessments confirmed throe :losing,if any,and Buyer shall take title subject to all pending assessments disclosed by Seller herein,if any. (RATIONS AND ADJUSTMENT& Unless otherwise provided, the following items shall be prorated and either a the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through t eg; (b) Ad valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal proi t to the Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis through the date of C ate listing penalties, if any, shall be paid by Seller, (d) Rents, if any, for the Property shall be prorated through the (e) Owners' association dues and other like charges shall be prorated through the date of Closing_ Seller represents wners association dues,if any,are$ a per N/A .Unless otherwise agreed,Buyer si required for obtaining account payment information on owners' association dues or assessments for payment or proeat ge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer it fee imposed by the owners'association. 'ENSES: Unless otherwise agreed,Buyer shall be responsible for all costs with respect to any loan obtained by Buyer,al ch, title insurance,recording the deed and for preparation and recording of all instruments required to secure the baton() price unpaid at Closing. Seller mall pay for preparation of a deed and all other documents necessary to perform ns under this agreement,and for excise tax(revenue stamps)required by law.Seller shall pay at Closing S 0 ny of Buyer's expenses associated wth the purchase of the Property, including any FHANA lender and inspection cc not permitted to pay,but excluding any portion disapproved by Buyer's lender. ME WARRANTY: If a home warranty is to be provided, select one of the following: 0 Buyer may obtain a one-yen at a cost not to exceed$ N/A _and Seller agrees to pay for it at Closing, ❑Seiler has obtained and will ar home warranty from N/A at a cast of$ N/A and will pay for tt at EL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate measurement thereof,if any,being paid by Seller. [DENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the I this contract, copies of all title information in possession of or available to Seller, including but not limited to: title it at€one 's opinions on tide, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Propert es(1)any attorney presently or previously representing Seller to release and disclose any title i€isun nce policy in such a toyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and rests 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 attorney _ . _.. a•-r, _--- ' - farm antief arv'. -IE FOLLOWING EVENTS OCCURS FIRST:(1)the end of the third calendar day following receipt of the Disclosure Stat )the end of the third calendar day following the date the contract was made;or(3)Closing or occupancy by the Buyer in tI 'a sale or exchange. Tempt from N.C.Residential Property Disclosure Statement because(SEE GUIDELINES) ra ��33 �{ TT • (Attach L cud Based Pa44Tt or r P1l��r�A 4A" ! nt F e.!i iiwh f:c� re Property is residential and was built prior to 1978 .�4�..-��.�u •--_- -- aaenuum.) IPVRTY INSPECTION/INVESTIGATION (Choose ONLY ONE of dem following ite'Fiatiye4.). 'ERNATIVE I: rerty Condition: Unless otherwise stated herein,it is a condition of this contract that as to all permanent improvements S SOLD IN AS-IS CONDITION. SELLER TO MAZE NO REPAIRS. Hilt-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (including fi shi doors and windows, exterior building surfaces, scvcrural components (including foundations, retaining walls, et >, floors, walls, ceilings and roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (' d sewer systems (public and private), shall be performing the function for which intended and shall not be in need of imr Ii) there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure( e.shall he no triable :shests s (<.r cxictiinc environment 1 contamination. rectians!Rep►airNPgotlationst Buyer, at Borer's expense, way inspect or obtain such inspections of the Property as ppropriate. Unless otherwise stated herein, only items covered by subsections (a)(i), (a)(ii), and (a)(iii) above art inch rgotiatioers under this contract ("Necessary Repair.."). Any inspections shall be completed and written notice of Ne ;hall be given to Seller on or before N/A (the "Repair Notice Date"). Seller shall have the of rig Necessary Repairs or refusing to complete them. Seller shall provide written notice to Buyer of Seller's response of Ixuyees native, TIME BEING OF TTIE ESSENCE. Seller's failure to provide said notice as require e an election by the Seiler not to complete Necessary Repairs. if Seller elects not to complete all Necessary Repairs, the; c the option of(a)accepting the Property in it present condition,(b)accepting Seller's offer to make repairs to the exterr I in the Seller's response,or(c) terminating this contract, in which case all earneg monies shall be refunded The Buy he Buyer's written decision to Seller within five (5)days after receiving the Seller's written response, TIME BEING(i Faikrre of Buyer to provide this written decision by the time stated hcvcin shall constitute acceptance of Selle's air repine to the extent and as described in the Seller's response. Buyer is advised to have any inspections made prior to it for Closing and in sufficient time to permit airy required repairs to be completed ha:Closing Buyer shall have the r'rgnt Necessary Repairs have been completed it;a good and workmarlice matzner. ed-DestroyingInletts? Buyer shall have the option of obtaining, at Buyer's expense, a report from a licensers pest on a standard form in accordance with the regulations of the North Carolina Structural Pest Control Committee, string metres,except N/A is no visible evidence of wood-destroying insects and containing no indication of visible damage therefrom. The report on or before the Repair Notice Date. if the report indicates that there is visible evidence of wood-destroying insects or therefrom, Seller shall have the option of performing any required treatment or completing Necessary Repairs, or refi any required treatment or complete Ne essary Repairs. If Seller ales not to perform requited treatment or complete N Buyer shall have the option of accepting the Property without the required treatment or Necessary Repairs, or teielate , in which case all earnest monies shall be retundeu. Buyer and Seller shall exercise their respective rights under this sui e same manner and within the same time limitations as set forth in subsection(b)above, The Buyer is advised that the in escribed in this paragraph_may not always reveal either snucrural damage or damage caused by agents or oreganisms oil A.roying inseas. If new construction,Seller shall provide a standard warranty of termite soil treatment, tun Inspection: Buyer shall have the option, at Buyer's expense, to have the Property tested for radon on or before div Date. The test result shall be deemed satisfactory to Buyer if it iodicas a radon level nr less that:4.0 into curies per lie limitary I, 1991, EPA guidelines reflect an "acceptable" level as anything less than 4.0 pico caries per Biter result exceeds the above-m entioned level, Seller shall have the option of. a) renictliafizig to bring theicdca 1z;': 5fac,4oiy range; or b) refusing to remediate. Upon the completion of reinediation, Buyer may have a radon test pe is expense, and if the test result indicates a radon level ices than 4.0 pico curies per liter of air, is Beall be deemed sail luyer. If Seller elects not to retnediate, or if remediation is attempted but fails to bring the radon level within the sati luyer shall have the option of: a) accepting the Property with its then current radon level;or b) terminating the contract, i earnest monies shall be refunded. Buyer and Seller shall exercise their respective rights under this subsection (d) in f ��-- -' - _._ . z..:ti,+4n. o.,. * t%t'h in :Ylr7CPl`li(ln ihi above. ION IS OTHERWISE MADE IN WRITING. ERNATIVE 2: (This Alternative applies ONLY if Alternative 2 is checked,AND Buyer has paid the Option Fee.) ierty Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 4(c) paid by Buyer t row Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option ill have the right to terminate this contract for any reason or no reason, whether related to the physical condition or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 I ,TIME BEING OF THE ESSENCE (the "Option Termination Date"). At any time prior to all have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections/investigation: ,including but not limited to those matters set forth in Alternative 1,performed prior to the Option Termination Date). rcise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, TIME BEING OF ;E,this contract shall become null and void and all earnest monies received in connection herewith shall be refunded tc , the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice I he Option Termination Date,then Buyer will be deemed to have accepted the Property in its physical condition existing 'ermination Date;provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraphs 5,6 or on Fee is not refundable,is not a part of any earnest monies,and will be credited to the purchase price at Closing. )SING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION I. 5ION IS OTHERWISE MADE IN WRITING. ASONABLE ACCESS/RESTORATION AND INDEMNITY: Seller will provide reasonable access to the Property(i , existing utilities)through the earlier of Closing or possession by Buyer. Buyer and Buyer's agents and contractors shall enter upon the Property for the purpose of appraising and evaluating the Property, and performing the tests and ins d in this contract. Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any acti nd Buyer's agents and contractors. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits hall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer anc and contractors relating to the Property. This repair obligation and indemnity shall survive this ct and any ter Buyer may conduct a walk-through inspection of the Property prior to Closing. /' + OSING: Closing shall be defined as the date and time of recording of the deed and shall be on ' fore ith osing Date"). All parties agree to execute any and all documents and papers necessary in connection Closing or before the Closing Date at a place and time designated by Buyer.The deed is to be made to n/a BARRY STILWELL AND WIFE. PATRICE STILWELL agreement to the contrary in this contract or any subsequent modification thereto, the following terms shall apply: If le to close by the Closing Date, then provided that the party is acting in good faith and with reasonable diligence to p such party shall be entitled to reasonable delay of the Closing Date and shall give as much notice as possible to the non id closing agent. In such event, however, either party for whom the Closing Date is delayed shall have a maximum o min the Closing Date, or any extension of the Closing Date agreed-upon in writing, in which to close without payment o ing expiration of the ten-day period, the party not ready to close shall be responsible for paying to the other party and able to close) interest on the purchase price at the rate of eight percent(8%)per annum accruing from the end of t1 until closing occurs or the contract is terminated. Should the delay in closing continue for the munore than a rthh�o t(30er) dayse fro th upon extension of the Closing Date, however, then the non-delaying party shall have;eive the earnest money, but the right to such receipt shall not affect any other remedies available to the non-delaying each. )SSESSION• Unless otherwise provided herein, possession shall be delivered at Closing. In the event possession is Is ed at Closing: 0 a Buyer Possession Beore sis madAe a�vafanlablet is t oached OR th Buyer, a❑il persller onal property which ision After l noti a g :hed. Seller shall remove,by the date possession se and all garbage and debris from the Property. THER PROVISIONS AND CONDITIONS: (CHECK ALL STANDARD ADDENDA THAT MAY BE A PART IF Al CHCE, IFE O.(NOTE ATTACH DDER NORTHR CAROLINA LAW, REAL ESTATE TO. ITEMIZE ALL OTHER EAGENTS ARE NOT PERMITTO THIS TED 1) CHHERETO.(N )ITIONS OR CONTINGENCIES TO THIS CONTRACT.) dditional Provisions Addendum(Form 2A11-1) ❑Loan Assumption Addendum(Forml� 2A6-1)�1 �f r`..netn,rtinn Addendum(Form 2A3-T) OPERTY TO CONTAIN AT LEAST 48.25 FEET OF WATER FRONTAGE. _ YER MUST BE ABLE TO OBTAIN CAMA PERMIT FOR A DOCK. 31(OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the imps Property are destroyed or materially damaged prior to Closing, Buyer may terminate this contract by written notice r or Seller's agent and all deposits shall be refunded to Buyer. In the event Buyer does NOT elect to terminate this ;hall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on accow or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Prop nfirming recordation of the deed. SIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by ai s contract shall be binding on the assignee and his heirs and successors. X-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection once of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the ex all be responsible for all additional costs associated with such exchange, and provided further,that a non-exchanging p ime any additional liability with respect to such tax-deferred exchange.Seller and Buyer shall execute such additional do Est to the non-exchanging party,as shall be required to give effect to this provision.(NOTE: If Alternative 2 under pars Antract will apply,Seller should seek advice concerning the taxation of the Option Fee.) ,RTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and th ors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine ar , as appropriate. RVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or p Closing,it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully obser rmed. TIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations,induce ovisions other than those expressed herein.All changes,additions or deletions hereto must be in writing and signed by a] contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in ar :nt, buyer agency agreement,or any other agency agreement between them. 1TICE AND EXECUTION: Any notice or communication to be given to a patty herein may be given to the party G rgent. Any written notice or communication in connection with the transaction contemplated by this contract may be g • a party's agent by sending or transmitting it to any mailing address, e-mail address or fax number set forth in the section below. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and S ping is communicated to the offering party.This contract may be signed in multiple originals,all of which together cons same instrument,and the parties adopt the word"SEAL"beside their signatures below. )MPUTATION OF DAYS: Unless otherwise provided, for purposes of this contract, the term "days" shall mean co r days, including Saturdays, Sundays,and holidays,whether federal,state,local or religious.For the purposes of.calculal it of"days" shall begin on the day following the day upon which any act or notice as provided in this contract was requi ed or made. ®has has not made an on-site personal examination of the Property prior to the making of this offer. ORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATOOI PRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IC TRANSACTIO YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FO NE -' OU S. • • CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. I: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPRO1 RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH A OVED. '.R NOTICE ADDRESS: SELLER NOTICE ADDRESS: ig Address: 1737 LONGSHORE DRIVE Mailing Address: 805 BARBARA DRIVE ,OTTE NC 28470 RALEIGH NC 27606 Fax#: n/a Seller Fax#: n/a E-mail Address: n/a Seller E-mail Address: n/a ING AGENT NOTICE ADDRESS: LISTING AGENT NOTICE ADDRESS: g Address: 1782 SHALLOTTE INLET DRIVE Mailing Address: 1782 SHALLOTTE INLET DRIVE OTTE NC 28470 SHALLOTTE NC 28470 Agent Fax#: 910-754-7677 Listing Agent Fax #: 910-754-7677 Agent E-mail Address: MARPOPE@ATMC.NET Listing Agent E-mail Address: MARPOPE@ATMC.NET Agent Phone#: 910-619-7673/800-708-4402 Listing Agent Phone #: 910-619-7673/800-708-440 w Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with t F. ruly 17, 2008 Firm: POSE REAL ESTATE By: kpu_lora ( gnature) lual Selling Agendlicense#: MARTHA M. POPE/69118 Paine: POPE REAL ESTATE Acting as ❑ Buyer's Agent 0 Seller's(sub)Agent ® Dual Agent ival Listing Agentllicense#: MARTHA M. POPE/69118 lame: POPE REAL ESTATE Acting as ❑ Seller's(sub)Agent ® Dual Agent CERTIFIED MAIL -RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM The purpose of this form is to provide proper notice to you as an adjacent riparian property owner to the individual or individuals listed below. The CAMA General Permit application procedures require that applicants provide the Division of Coastal Management confirmation that a written statement has been obtained signed by the adjacent riparian property owner indicating that they have no objection to the proposed work or that the adjacent riparian property owners have been notified by certified mail of the proposed work. Often these forms are submitted to the adjacent riparian property owners by a marin contractor or other individuals acting as an authorized agent on behalf of the applicant. This form was sent to you by the following individual or company designated by the applicant as an authorized agent: tt-ItiffariatA, /,o4o6 Authorized Agent's Signature Date Name of Individual Applying For Permit: @ �f-t�! 1 1�2 561 Wr- L Address of Property: 3v 9 Dctect . Pcj-t-i .zl (Lot or Street#, Street or Road) . Ilvt,t,w4ie, f 6(ta.suictc (City and County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this perr has described to me as shown on the attached drawing the development they are proposing. A description or drawii 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 Coastal Management, 1 Cardinal Drive Extension,Wilmington,NC 28405 or call 910-796-7215 within 10 days of receipt of this nod No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set bad minimum distance of 15' from my area of riparian access- unless waived by me. (If you wish to waive I setback,you must initial the appropriate blank below.) I do wish to waive the 15'setback requirement. . i AV: SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X / {' El Agent • Print your name and address on the reverse / 11 i t-t,p 4, ' /VA/ .I=.]Addresse" so that we can return the card to you. B. Received by(P ted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, cDj or on the front if space permits. 2. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ylfs . 2eceo 1 -rrs _) 7 nu--u ( cr.e.e z,i( r- - (.(-0{k N C 9 T 3. g6ervice Type Certified Mail ❑Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2, Article Number (Ti7rsferfromservicelabel) 7008 1830 0002 2712 8892 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION • COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ' 0 Agent • Print your name and address on the reverse X r so that we can return thecard to you. CI Addressee IN this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. / `1 _nQ 1. Article Addressed to: D. Is delivery address different from item 1? El Yes If YES,enter delivery address below: ❑ No 1703 `Cdur I ► .o - %ti - " ttla & r rc s.-/-70 3. 9 ,Q Type % ertified Mail ❑ Express Mail Registered ❑ Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) 7008 1830 0002 2712 8885 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540