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HomeMy WebLinkAbout40456D - Kindberg�CAMA / J DREDGE & FILL N1.1 ��II� 56 GENERAL_ PERMIT Previous permit # [ New Modification Complete Reissue !_-IPartial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 7 Rules attached. Applicant Name If ! ;; . 1' r=. i Project Location- County Address City t i L Ili L=L— State ­lL ZIP i 75 17 Phone # (_) 'L"(-`j'J (J Fax # O Authorized Agent .-TT' L i_ I t 'k r; C CW E EW D+TA ❑ ES ❑ PTS Affected AEC(s): D OEA ElHHF 1-1IH ❑ UBA ❑ N/A ❑ PWS: ❑FC: ORW: yes / no PNA yes / no Crit. Hab. yes / no Type of Project/ Activity Pier (dock) length Platforms) Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore_ max distance offshore Basin, channel cubic yards _ Boat ramp Boathouse/ Boatlift , -` Beach Bulldozing _ Other S Shoreline Length SAV not sure yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name Signature ** Please read compliance statement on back of permit Street Address/ State Road/ Lot #(s) Subdivision —_- Phone # Adj. Wtr. Body_ _- Closest Maj. Wtr. Body ZIP_ River Basin nat /_ man /unkn (Scale: ) _ See note on back regarding River Basin rules. Permit Officer's Signature Issuing Date Expiration'Date ApplicationFee(s) Check# Local PlanningJurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that [)prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: 1 Tar - Pamlico River Basin Buffer Rules F 1, Other: Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax:919-733-1495 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza 11 Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax:910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastaimanagement.net Revised 10/05/01 'LAMA/ DREDGE & FILL O'r} N° 4 'EN 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 :oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 7/f - /Z.ti v ules attached. t Name J4i' ))& k I,J petk( Project Location: County ek lL NSW/GFc I I &Oq /Y1 r;pee H-c7--11 Street Address/State Road/Lot#(s) 4/WEL HILL..- State NG ZIP]7$ 17 .>,81) F.yA C tI T c91 c) 9Let—i1'! ( Fax#( ) Subdivision edAgent v01 MarreV'-SEZ.Lt72/BUILUC ' City Q/i K iSL/1'7-IQ ZIP 2S"L ❑CW C W IOTA ❑ES ❑PTS Phone# ( ) River Basin Ct1j-t ❑OEA ❑HHF ❑IN ❑UBA El N/A Adj.Wtr. Body(, I-IANNt.L (F F A f vv ►A/ at /r ❑ PWS: ❑FC: d yes / PNA / no Crit. Hab. yes / no Closest Maj.Wtr. Body '4 I kV kVes Project/Activity Fk I V/4 T C C u V s;.k 3 �( tf rFr,w -n YN/ Z ,J1.7- I L I F� 1 J . (Scale: (" :k)length &, A 4'(fk l-W- J (s) 1 j5 A 1 071 l rtAL t.tvIti ) t'l i/rr kf-7-4- er(s) igth nber I/Riprap length pp distance offshore C ( N 1)f 1 1 x distance offshore t-w ipm f - -- v e I 1 A N N n, L t- ik v\l annel I M c t iic yards L f-F I 1 5 A Li _ ^ ip 401( �1 j' A M)r 'km kA oi EN t-w s Boatlift'2.� .�t3 �I'" _., 11� ' 2.6 Aj Ni tlM ttA illdozing T-1-t�y [ less - J I _ 1 2." ifkeZq t S7v-m !Length D i , not sure yes not sure yes no/ um: n/a yes no yes n 5 CJ( L >//I C I I "T ttached: yes • ig permit may be required by: LA �SL At.3'� See note on back regarding River Basin n. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Randy Moffitt DBA/Moffitt BuilderE Address of Property: 5904 E. Yacht Drive (Lot or Street#, Street or Road) Oak Island, NC 28465 (City and County) I hereby certify that I own property adjacent to the above-referenced.property. The indiv applying for this permit has described to me as shown on the attached drawing the developmen' are proposing. A description or drawing,with dimensions, should be provided with this lett I have no objections to this proposal. 17 If you have objections to what is being proposed, please write the Division of Cc Management, 127 Cardinal Drive. Extension, Wilmington, NC 28405 or call 910-395 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 m set bck a minimum distance of 15' from my area of riparian access-unless waived by n you wish to waive the 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. 1•°i•cel . 41/0?41/C>4° •.- #IN H. CHANDLER., PLS L-4389, CERTIFY INTRACOASTAL WATT T THIS PLAT WAS DRAWN UNDER MY \____ ERWSION FROM AN ACTUAL SURVEY MADE . __." I ER MY SUPERWSION FROM INFORMATION SHOWN 'OA CAR . East Yach )EED BOOKS REFERENCED ON MAP AND MAP oQ` ......•.��' KS REFERENCED ON MAP, THAT ANY LINES NO `+••ptiESS/rj% Y' .'z y UALL Y SURVEYED APPEAR AS BROKEN LINES :QQ '. f. iii 2 I WERE PLOTTED FROM INFORMATION AS NOTEL• u SE.rL �' t W W THE PLAT; THAT THE RATIO OF PRECISION AS•. ! ¢ z z CULATED IS BEIIEh' THAN 1:10,000; THAT TH sar L-4 9 Q East Hdl A IS COMPUTED BY COORDINATE METHOD. •.�L� cy�/64-•i; LESS MY ORIGINAL SIGNATURE, REGISTRATION •.. 0.+°! .{. DER AND SEAL THIS THE 2s 4`- . \ , — VICINITY M ' OF ►4•- AD., 2006. CFi� (NOT TO SCAL "41111114*1/1 . 0• c Li - - FFMA - +� �' �! y FIRM: 375354 0004 N H. CHANDLER L-4389 Y EFFECTIVE DATE: MAY 3, FESSIONAL LAND SURVEYOR Y EL lzA BETH ZONE AE-12 RI VER `t NOTE:Revised 09-08-05. - REFERENCES - Location of residence LOT 3, BLOCK 6, SECTION-X l MARSH configuration of drive TRANQUIL HARBOUR ---�-- _ If changed. D.B. !. MAP BOOK 5, PAGE 96 oa s� NOTE: 1. DEED BOOK 2154, PAGE 65 Revised 04-21-06 t� PARCEL #2361A020 oa C '4 N ,A L existing pile foundati oa - LEGEND - ill of Hb Une as 1PF IRON PIPE FOUND �--- oa IRS IRON ROO SET 1 IPF. Top of Bank p`O Ei.-5.t'± IPF aD PKS PK NAIL SET ,�c� R/W RIGHT OF WAY ;o I GROUND ELEVATIONS __f1 tee' k-0 h Ja' - LOT AREA - �` _1�getatfw D 15,058 SQ. FT. LOT—3 Buffer 0.35 ACRES c ca 1 - SETBACKS - u 15,058.4 S.F. 25' FRONT a 0.35 Acres e 20' REAR to 8' SIDES �'-"------- _ MAY VARY -. v ' -=:- --�1EC M m a Une Avy.Gnd. 4 I I 19.34( i -H Lot-4 a94' _ _�--- 9.06' Lot-2 I b I in' cn — . (... k • . ...I. \>4.• * ....... •••••• i 0 (... 3 TS1 • •C;:"''. • 1 ... .-••-...• r4 • •. ...N. ° • • CZ . \IOW. I . • .Q. ... ' . I -No 41 • 1 I •I ""N". • *,4 171.1 i \ cs 6c) 0 ...luvl i 1 1 p•vir#2 . _... ....._ it. gooMMINIMP •-.-._ .—....— - . -. .. -.. - . .. . . • . ...— ... ........-...—. .......... ........--.......... ........ .••••••............. C....) V 4,• 3 : ART SKIPPER REALTY, INC. PHONE NO. : 910 278 1998 Jan. 19 2007 09:37PM P2 • pIVIS1ON OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATTON/WAI'VER FORD Name of Individual Applying For Permit: Ja";e �� //7,4i' Address ofProperty: -57O f £ 4 $A/ - 4, 3 / .. X_ (Lot or Street #, Street or Road) Oae 1,fLJ 37,4 3.60,.;.-ve_ v (City and County I hereby certify that I own property adjacent to the above-referenced_property. The individu applying for this permit has described to me as shown on the attached drawing the development the 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 Coast Management, 127 Cardinal Drive Extension,Wilmington, NC 28405 or call 910-395-391 within 10 days of receipt of this notice. No response is considered the same as no objection you have been notified by Certified Mail. WAIVER SECTION -"` I understand that a pier, dock,mooring pilings, breakwater, boat house or boat lift must set bck a minimum distance of 15' from my area of riparian access-unless waived by me. you wish to waive the 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. o r - (L- a`7 :ART SKIPPER FAX NO. :19102781998 Jar. 15 20e7 12:08PM P2 Art Skipper Realty, Inc. 112 Country Club Dr. Oak Island, NC 28465-8313 OFFER TO PURCHASE AND CONTRACT Jamie Kindberg Robert Kindberg yes',hereby offers to purchase and Moffitt Builders, Inc. ler,upon acceptance of said offer,agrees to sell and convey, all of that plot,piece or parcel of land described below, together w provcrncnts located thereon and such .fixtures and personal property as are listed below(collectively referred to as the"Property the following terms and conditions: '.EAL PROPERTY: Located in the City of Oak aloud y of Brunawxak ,State of North Carolina,being known as and more particularly desctit reetmciress 5604 E. Yacht Drive t2361f.-020) 8465 - Legal Description: c, k"'GJ $e9tion^X TU KAN 5/9G .. - ill 1U A portion of the property in Deed Reference:Bode 2154 ,Page No. G5 , Bay wink Count IE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which n the use of the Property, and to read the Declaration of Restrictive Covenants, By-Caws, Articles of Incorporation, Rules t ations,and other governing documents of the owners'association and/or the subdivision, if applicable. IfXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light frxttu fans,attached floor coverings,blinds,shades,drapery rods and curtain rods,brackets and all related hardware, window and d ts, storm windows; combination doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and I neat, solar energy systems,attached fireplace screens,gas logs,fireplace inserts,electric garage door openers with controls,outd, and trees(other than in movable containers),basketball goals, storage sheds, mailboxes,wall and/or door mirrors, and any otl attached or affixed to the Property,EXCEPT the following items: ERSONAL PROPERTY: The fdlowing personal property is included in the purchase price: apliannes as viewed URCHASE PRICE: The purchase price is$ 750.000.00 and shall be paid ra: 1,000.00 ,EARNEST MONEYDEPOSIT with this offer by ©cash el personal check 0 bank clu I certified check 0 other pia to be deposited and held goy by Art Skipper Realty, Inc. ("Escrow Agent") until the sale is closed, hich time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1)this offer is not accepted; !)any of the conditions hereto Are sot satisfied,then all earnest monies shall be refunded to Buyer, in the event of breach of t intract by Seller, all earnest monies shall be refunded to Buyer upon Buyer's request, but such return shall not affect any otl medies available to Buyer ier such breach. tit the event of breach of this contract by Buyer,then all earnest monies shall be forfiei Seller upon Seller's request,but such forfeiture shall not affect any other remedies available to Seller for such breach, .OTE: hn the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow is roker, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a writ :lease from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of compet frrsdiction. a/.4 _ ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later tt Ca ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. n(a OPTION yet in accordance with paragraph 13,Alternative 2,to be paid to Seller on the Effect atr ea art forth in twmvrmnh 71 tNt']TP• if Ali rrnu.ir n uw.wr:sn en XI/ r I :ART SKIPPER FAX NO. :19102781998 Jan. 15 2007 12:08PM P3 $ 749,000.00 ,BALANCE of the purchase price in cash at Closing. CONDITIONS: (State N/A in each bk„nk that is not a condition to this contract.) Buyer must be able to obtain a U FHA 0 VA (attach PHA/VA Financing Addendum) Eg Convention 3 Other, n/a loan al a ® Fixed Rate ❑ Adjustable Rate in the principal amour 70Q,000.00 (plus any financed VA Funding Fite orf'HAMIP)fora term of (30) year(s),al initial interest rate not to exceed (7) %/%par antrum with mortgage loan discount points not to ex (1), %of loan amount. Buyer shall apply for said loan within 151 days of the Effective Date of this contract Buyer shall Buyer's best efforts to secure the lender's e:tonelyy loan commitment letter on or Jan-max-if Mt26, 2007 „ satisfy all terms and conditions of the loan commitment letter by Closing, Ar the above letter date, Seller may request writing from Buyer a copy of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment le or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract written notice to Buyer at any time thereafter,provided Seller has not then received a copy of the letter or the waiver. There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of Property for single faxu v residential patpo The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable gear and i excepted. All deeds of trust, bens and other charges against the Property, not assumed by B%tyrr,must be paid and satisfied by Seller !r to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain such cancellations following Closing. Title must be delivered at closing by GENERAL WARRANTY DEED unless other Wise stated herein, and must be fee sin marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; i such other encumbrances as may be assumed cx specifically approved by Buyer.The Property must have legal access to a pul right of way. SPECIAL ASSESSMENTS: Seller wniTants that there are no pending or confirmed governmental special assessments for sidewi ng, water, sower, or other improvements on or adjoining the Property, and no pending or oanfrrmed owns' association spe smarts,except as follows: x is aware of ppend.inq sewer assesamwnt art"None" or the identification of such assessments, if any.) Seller shall pay all owners'association assessments and all governn asinents confirmed through the time of Closing, if any,and Buyer shall take title subject to all pending assessments, if any, an rwise agreed as follows: PROBATIONS AND ADJUSTMENTS: Unless otherwise provided. the following items shall be prorated and either adju; een the parties or paid at Closing:(a) Ad valorem taxes on real property shall be prorated.on a calendar year basis through the c losing; (b) Ad valorem taxes on personal property for the entire yeas shall be paid by the Seller unless the personal propert' eyed to the Buyer,in which case,the personal property taxes shall be prorated oa a calendar year basis through the date of Closi U1 late listing penalties, if any,shall be paid by Seller: (4) Rents, if any, for the Property shall be prorated through the date ing; (e) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that far owners'association dues,if any,are$ n/a T per n a EXPENSES: Unless otherwise agreed,Buyer shall be responsible for all costs with respect to any loan obtained by Buyer,title sea instuance,recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase p Lid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's ebligations under anent,and for excise tax(revenue stamps)required by law.Seller shall pay at Closing$ n/a toward ate :r's expenses associated with the purchase of the Property, including any FHANA lender and inspection costs that Buyer is milted to pay,but excluding any portion disapproved by Buyer's lender. '17EL: Buyer agrees to purchase from Seller the liner, if any, situated in any tank on the Property at the prevailing rate with of measurerncnt thereof,if any,being paid by Seller. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effhc of this contract, copies of all title information in possession of or available to Seller,including but not limited to: title insure :Ms, attorney's opinions on title, surveys, coven ants, deeds, nukes and deeds of trust and easements relating to the Property. Se :ART SKIPPER FAX NO. :19102781998 Jan. 15 2027 12:09PM P4 ABOR AND MATERIAL: Seller shall fiunish at Closing last affidavit mid indemnification agreement in form satisfactory to Bul g that all labor and materials,if any,flrn►ished to the Property within 120 days prior to the date of Closing have been paid for a ng to indemnify Buyer against all loss from any cause or claim arising therefrom. ROPERTY DISCLOSURE: I Buyer has received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer Purchase and Contract. Buyer has NOT received a signed copy of the N.C, Residential Property Disclosure Statement prior to the signing of this Offer Purchase and Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER 1 THE FOLLOWING EVENTS OCCURS FIRST:(I)the end of the third calendar day following receipt of the Disclosure Stalerne (2)the end of the third calendar day following the date the contract was made;or(3) Closing or occupancy by the Buyer in the ci of a sale or exchange. l Exempt from N.C.Residential Property Disclosure Statement because:(SEE GUIDELINES) New construction - never inhabx,ted r I The Property is residential and was built prior to 1978 (Attach Lead-Based Paint or Lead-Based Paint Hazards Disclose Addendum.) ROPERTY INSPECTION,APPRAISAL,INVESTIGATION (Choose ONLY ONE of the following Alternatives): LTItRNATCVE 1: ropeety Inspection: Unless otherwise stated herein, Buyer shall have the option of inspecting, or obtaining at Buyer's expel lions,to determine the condition of the Property. Unless otherwise stated herein,it is a condition of this contract that: (i)the built rites, electrical system, plumbing system, heating and cooling systems, roof covering (including flashing and gutters), doors a ws, exterior surfaces, structural components(including foundations,otolumns, chimneys,floors, walls,ceilings and roofs), porcl kits,fireplaces and flues, crawl space and attic ventilation systems(if any), water and sewer systems(public and private), shall ruing the function for which intended and shall non be in need of immediate repair.(ii)there shall be no umrsual drainage conctitie knee of excessive moisture adversely affecting the structure(s); and(iii)there shall be no friable asbestos or existing environnren nination. Any inspections shall be completed and written notice of necessary repairs shall be given to Seller on or bet• try 26, 2007 (the"Inspection Date"). Seller shall provide written notice to Buyer of Seller's response within d Buyer's notice. Buyer is advised to have arm Inspections made prior to incurring expenses for Closing and,in,sufficient_tirne t troy recitured mains to be completed by Closing. VIM-Destroying insects: Unless otherwise stated herein, Buyer shall have the option of obtaining, at Buyer's expense, a ref a licensed pest control operator on a standard form in accordance with the regulations of the North Carolina Structural F 01 Committee, stating that as to all sttwctnares,except n/a there was evidence of woixkiestrcying insects and containing no indication of visible damage therefrom. The report must be obtained .ens time so as to permit treatment,if any,and repairs, if any,to be completed prior to Closing.All treatment required shall be p Seller and completed prior to Closing,unless otherwise agreed upon in writing by the parties. The Brayer is advised that :non report described in this pars}graplumay_nnt always reveal either structural damage or damage caused by agents or organs than wood-destroying insects.If new construction.Seller shall provide a standard warranty of termite soil treatment. epairs: Pursuant to any inspections in (a)and/or(b)above, if any repairs are necessary,Seller shall have the option of complet ar refusing to complete them. If Seller elects not to complete the repairs, then Buyer shall have the option of accepting the Prope present condition or terminating this contract, in which case all earnest monies shall be refunded. Unless otherwise stated here gins not covered by(a)(i), (a)(ii),(a)(iii)and(b)above are excluded from repair negotiations under ibis contract. :adon Inspection: Buyer shall have the option,at Buyer's expense, to have the Property tested For radon on or before the date .etion of inspections as set forth in paragraph 13(a)above. The test result shall be deemed satisfactory to Buyer if it indicates a rstc of loss than 4.0 pioo curies per liter of air (as of January 1, 1997,EPA guidelines reflect an "acceptable" level as anything 1 1.0 fried curies per liter of air). If the test result exceeds the above-mentioned level, Seller shall heave the option of: a)remediat ig the radon level within the satisfactory range; or b)refusing to remediate. Upon the completion of remediation,Buyer may hay test performed at Seller's expense, and if the test result indicates a radon level less than 4.0 pico curies per liter ante it shall d satisfactory to the Buyer. If Seller elects not to remediate,or if remediation is attempted but this to bring the radon level wit: tisfactery range, Buyer shall have the option of a)accepting the Property with its then current radon level; or b)terminating Iat, in which case all earnest monies shall be refunded. `oat Of Repair Contingency: Notwithstanding the above and as on additional remedy of Buyer,if a reasonable estimate obtained of total cost of repairs required by(a)and(b)and/or remediation required by(d)above equals or exceeds$ 1,000.oa 3uyer shall have the option to terminate this contract pursuant to this Coat of Repair Contingency no later than seven (7) d ,:no do 1, .'.+r'.:.n here.n,I ell an.t,a t •maniac cr.ulI 1.,.rnfrn,lare!tan Ln,.v..e ART SKIPPER FAX NO. :19102781998 Jar. 15 2E107 12:1EfM P5 ig an appraisal,Bayer shall arrange to have the appraisai.completed on or before her .lender it of the appraisal shall be byre:by Beyer. [SOI(IN IS OTHER SE MADEISVTE I yC E T CE OF THE PRO TY IN ITS THEN EXISTING CONDITION LIMA G. ,TERNATIVE 2: (This Alternative appliea ONLY Alternative 2 is checked,AND Buyer has paid the Option Fee) operty Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 4(c)paid by Buyer to Sel straw Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option Fes hall have the right to terminate this contract for any reason or eo restaty, whether related to the physical condition of I ty or otherwise, by delivering to Seller written notice of tetininatiart (the "Termination Notice") by 5:00 p.tn. , time being of the essence'(the"Option Termination Date").At any time prior to Closing,Buyer shall Is it to inspect the Property at Buyer's expense()Buyer is advised to have all inspections and appraisals of the Property, including itcd to those matters set forth in Alternative 1,perfoimed prior to the Option Te nunati n.Date). ercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, time being alike essence, t t shall become null and void and all earnest monies received in connection herewith shall bo refunded to Buyer; however, Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the Opt 'anion Date;provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraph 5. The Option Fee 'ridable,is not a part of any earnest monies,and will be credited to the purchase price at Closing. JQSIN( SHALL coNsTsn.nrx AMP1ANCE9ie'1I'DE PROtICATY)j ITS THEN EXISTING CONDITION UNLF [SION IS OTHERWISE MADE Ill WRITING, t'ASONABLE ACCESS: Seller will provide reasonable access to the Property(including ssorking,existing utilities)through of Closing or possession by Buyer,to Buyer or Buyer's ieptesentatives for the purposes of appraisal,inspection,and/or ev luati nay conduct a walk-through inspection of the Property prior to Closing, ..OSING: Closing shall be defined as the date and time of recording tithe deed.All parties agree to execute any and all docume serr necessary in connection with Closing and transfer of title on or before FeleeueeY. os,_ 2007_. , at a place designs er.The deed is to be made to as eareoted by buvgr *SESSION: Unless otherwise provided herein,possession shall be delivered at Closing, In the event possession is NOT to ed at Closing: 0 a Buyer Possession Before Closing Agreement is attached. OR ❑a Seller Possession After Closing Agreem bed_ [HER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH IIERET 3ffer is contingent upon seller concreting existing gravel drive area and re painting living room, ry, upper hail, and all bedrooms except Master, color of buyers choiae. Seller to provide permit fc i & ICWW dock. 9uyer must be able to obtain swimming pool permit. SK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 1f the improvome Property are destroyed or materially damaged prior to Closing, Buyer may terminate this contract by written notice delive er or Seller's agent and all deposits shall be rear ided to Buyer. In the event Buyer does NOT elect to terminate this contra shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of c or destruction applicable to the Property being purchased. ISIGNMENTS: This contract may not be assigned without the written consent of all patties, hit if assigned by agreetnt is contract shall be binding on the assignee and his heirs and successors. 1RTfES: This contract shall be binding upon and shall inure to the benefit of the panics, i.e., Buyer and Seller and their he ens and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neu s,as appropriate. • JRVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or perform r3 Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until hilly observed,k armed. ART SKIPPER FAX NO. :19102791998 Jan. 15 2007 12:11PM P6 • ing contained herein shall alter any agreement between a REALTQR )or broker'and'Seller or Buyer as contained in any ;mcnt,buyer agency agreement,or any other agency agreement between thent. NOTICE AND EXECUTION; Any notice or eommmnication to be given to a party herein may be given to the party or to s is agent. This offer shall become a binding contract (the "Eflbctivt: Date") when signed by both Buyer and Seller and s ng is communicated to the offering party.. This contract is executed under seal in signed multiple originals, all of wl her constitute one and the same instrument, with a signed original being retained by each party and each REALTOR or lac a,and the parties adapt the word"SEAL"beside their signatures below. r acknowledges having made an on-mite persoturl of the Property prior.to the making of this offer. NORTH CAROLINA ASSOCIATION OF REALTQRSO,INC, AND THE NORTH CAROLINA BAR ASSOCIATION MA REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN A :IFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEET.THAT IT DOES NOT PROVIDE FOR YC AL NEEDS,YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. DAVI / - !r 1L10 MAL) amie Kirg " t - ; _ � � i :R �,r'C -. DAT" �.� (p- rJ Lo (88AL) obert ncirdbe rg /// 7 offitt Rudders, Inc. .ER • DATZ 2- 7 0 -0•6 (9ZAL) y: Randy Moffitt • J ow Agent acknowledges receipt of the evrnnest money and agrees to hold and disburse the mane in accordanee with erns beret. 12/26/2006 Firm: Art Skipper Re3alty, Inc., (Signature) rig it/Flnn/Phone Kim skipper Anderson/Art skipper Realty, Inc_/910-278-6730 Acting as Q Buyer's Agent 0 Seller's(sub)Agent 033 Dual Agent ng tt/Firm/phone Kim skipper Anderson/Art Sktrper Realty, Fnc./910-279-6730 Acting as ❑ Seller's(sub)AgentDual Aget U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverag: cO m c0 Postage I $