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HomeMy WebLinkAbout44853D - Myers 1 ��) 'CAMA/ DREDGE & FILL `I /� GENERAL PERMIT Previous permit# itNew Modification Complete Reissue Partial Reissue Date previous permit issued Drized by the State of North Carolina,Department of Environment and Natural Resources Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 7/4! f 2 Off/ f i... es attached. It Name 5-0Se A /1, /171 42s Project Location: County 2?a a,rfwiC,/ 500 9 ,v d.."c. led, Street Address/State Road/Lot#(s) 'J9 L2 d .4 t L a#t State Al ZIP 27y17Gf G.✓ . ,.s I✓ 0 9/0)Z29-SOa/ Fax#( ) Subdivision zed Agent City S4 4-,J%o "1 C ZIP 27`11 _cw r i.eW liiP'VA C S 0 PTS Phone# ( ) River Basin Z-N,Pf/ OEA HHF ❑IH ❑UBA _N/A Adj.Wtr. Body54 Aito 7L1� 7f 21 1 P2 na PWS: ❑FC: Q yes no PN yes / no Crit. Hab. yes / no Closest Maj.Wtr. Body 6//1"/Ai >f Project/Activity Pa, v4_1! sd o,f / DOC fc' (Scale:I �7r ock)length 18/ ,< Y' (rL'Amy, /9 '.4i ' m(s) , ' • ' ,'- 'ee„„,.'d 5- �/ pier(s) /!e'�1/N'covP,2edI ,1� ength 0VP2 / iQ,i54 vs' umber :1�' /- ad/Riprap length �J' %' n i dt/� ig distance offshore / y'T� 2 1,2, (< ti N!1 1 Y a lax distance offshore 'l F ((' ,L 6 U :hannel �/ Yiiti Call �bic yards 7 I'� tk .f `k,�� ir imp � 1- 7 �i ,>f /C' ,us /J X 13 , (� Bulldozing (' t'' f✓trf 4 0 ...11/.\ ),Lo/�4 121 x 6 ' .I.;7i -/ 1 ne Length 1 ✓ '� 0 1, y a1 yi .0, iw j H iz it, E, e a not sure yes gs: not sure yes 9' CSC f4,iy,it f >rium: n/a yes 1r Attached: yes (q �' F. _ '��/ �lxO Q� ter ling permit may be required by:J3, ,,„sta Ck Cati, t s/, See note on back regarding River Basin •i • T.D. WILLETTS 1923 S.E. WILLETTS ii 6437 OLD SHALLOTTE ROAD OCEAN ISLE BEACH,NC 28469 j (910)575-6437 ' O 66-7143-2531 PAYDATE O"' TO THEIVC (\( I11 ORDER OF D o' ' j 1C4 PO L-C r `t v I $ `� _CCU SECURITY ` On DOLLARS IJ , 1 Sam BANK Q Shallotte,N/C/28459 �^ il FOR `='r ''c5 3 -/�-1 e y1-,-S 1 Np II'00192311' 1: 253L714301: /L. OOOOL896451i' • • • ' - IF-IF-Irliv lir Far Side Edge Channel @ L. Tide r_._.._--------------. I 1 1 1 ' i . ' -... I S i t I 1 Center Of Channel i I .t. 1 i I 1 I. i4 , i ! , I P t kx.17 Float I .. •, , 1 :.10,000 lb.Bad Lilt Arai. 1 (13 x 13) i i 1.:i r •----------------------------. •-_,'.:-....-..-.:-.:-...-7.--. -- x 16'Coveted Deck -'---- e, --water otker L TIM W *--4 ii, - .._ ___.., . ix/vs-J.6 _ 4, ..... ,, ..--E4. 1 ed Pier----• 1 I .. . ,, AliI ._ • LOCATION MAP a e, NO SCALE \%°C'N �\ s n c^\ y _y h D ' �d9e ot cop LA �/ ''P 81- c.69e 1 krs O \ Rivers Edge Investment, Inc. Ao� o y 131 Ocean Boulevard West y `s• 2Z \ y Holden Beoch, NC 28462 - e co, • �1/ //°,, / �A- ---V ,--'''' %. \ Marsh J� ///// ' ; /044°//// y o� a \� y \,, —.V \ ////g�i a° \Pt 9� -V o o£ 7 ///// 09 °°P // / J/ F, Rivers Edge Investment, Inc. $ S 4 //// ems- l38/5 131 Ocean Boulevard West -V S46Og E• • d$ -V Holden Beach, NC 28462 ney C. Smith 85.29. _ _ _ __ Lynn field Drive /C: -V idria, VA 22306 in N wi NN 689 Lightwood Lone, SW Leroy Mintz &APR. 25. 2006012:42PM si@5;DSPD/CRS SAND DOLLAR REALTY O. 4796 P. 2: um atD3ION OF COASTAL MANAG ,MEN F CENT RIP PROP VVNER NO AT N/WAIVE,R FORM Name of Individual Applying For Permit: Joseph H. Myers and mina w. Flyers Address of, Property: 689 Lightwood Lane SW (Lot or Street #, Street or Road) Shaliotte, NC 28470 Brunswick County (City and County) I hereby certify that I own, property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they arc proposing._ A description or drawing, with dimensions, should be provided with this letter. // /,..„iiPJ__OS I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION T understand that a pier,dock,mooring pilings,breakwater,boat house or boat lift must be set bck a minimum distance of 15' from my area of riparian access-unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the l 5' setback requirement. /.� T. do not wish to waive the 15' setback requirement. S i Date ar DIVISION OF COASTAL. MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NO i 1FICATION/WAIVER FORM ame of Individual Applying For Permit: Joseph H. Myers and Tina W. Myers 689 Lightwood Lane SW ddress of Property: -- (l.ot or Street #, Street or Road) Shallotte , NC 28470 Brunswick County (City and County) hereby certify that I own property adjacent to the above-referenced property. The individi pplying for this permit has described to me as shown on the attached drawing the development th re proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. f you have objections to what is being proposed, please write the Division of Coas (lanagement, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-39 vithin 10 days of receipt of this notice. No response is considered the same as no objectiol .ou have been notified by Certified Mail. WAIVER SECTION understand that a pier, dock, mooring pilings,breakwater,boat house or boat lift must be )ck a minimum distance of 15' from my area of riparian access - unless waived by me. (If 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. - c: . Date OFFER TO PURCHASE AND CONTRACT JOSEPH H.MYERS AND TINA W. MYERS , as Bi offers to purchase and TERRY D. WILLETTS AND SANDRA E. WILLETTS , as Se :.ceptance of said offer,agrees to sell and convey,all of that plot,piece or parcel of land described below,together wits ements located thereon and such fixtures and personal property as are listed below(collectively referred to as the"Propert to following terms and conditions: kL PROPERTY: Located in the City of SHALLOTTE ETJ of BRUNSWICK , State of North Carolina,being known as and more particularly describe .ddress 689 UGHTWOOD LANE SW, SHALLOTTE,NC Zip 28470 Description: _ .40 ACRE PLAT S✓246 PID#1980000118 0 A portion of the property in Deed Reference:Book_ 0840 Page No 0319 , BRUNSWICK Cou Prior to signing this Offer to Purchase and Contract,Buyer is advised to review Restrictive Covenants,if any,which e use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, R ;illations,and other governing documents of the owners'association and/or the subdivision, if applicable. l'URES: The following items,if any, are included in the purchase price free of liens: any built-in appliances, light fixtt fans,attached floor coverings,blinds,shades, drapery rods and curtain rods, brackets and all related hardware,window reens, storm windows,combination doors, awnings,antennas, satellite dishes and receivers,burglar/fire/smoke alarms,I equipment, solar energy systems, attached fireplace screens, gas logs,fireplace inserts, electric garage door openers i o,outdoor plants and trees (other than in movable containers),basketball goals,storage sheds,mailboxes, wall and/or and any other items attached or affixed to the Property,EXCEPT the following items: SONAL PROPERTY: The following personal property is included in the purchase price: REFRIGERATOR, NAVE,dishwasher,stove,built In oven,water conditioner,central vac. 8 attachments,grlll. CHASE PRICE:The purchase price is$ 445,000.00 and shall be paid as folio /0,000.00 , EARNEST MONEY DEPOSIT with this offer by 0 cash Xpersonal check E bank c ertified check❑ other: to be deposited and hel ow by — SAND DOLLAR REALTY,INC. ("Escrow Agent")until the sale is do: hich time it will be credited to Buyer,or until this contract is otherwise terminated.In the event:(1)this offer is not accep !)any of the conditions hereto are not satisfied,then all earnest monies shall be refunded to Buyer. In the event of breac contract by Seller, all earnest monies shall be refunded to Buyer upon Buyer's request,but such return shall not affect r remedies available to Buyer for such breach.In the event of breach of this contract by Buyer,then all earnest monies sl )rfeited to Seller upon Seller's request, but such forfeiture shall not affect any other remedies available to Seller for si ch. PE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow 1 :er,the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a writ ise from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of compel diction. N/A , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later I ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. A , OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on :five Date as set forth in paragraph 23. (NOTE: If Alternative 2 applies,then do not insert$0,N/A, or leave blank). N/A ,BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the exis n(s)secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. IDITIONS: (State N/A in each blank that is not a condition to this contract.) ^er must be able to obtain a E FHA ❑ VA (attach FHA/VA Financing Addendum) LI Convent oher: _ 3 YR ARM loan at a Ci Fixed Rate X Adjustable Rate in the principal amoui to be determined _(plus any financed VA Funding Fee or FHA MIP)for a term of 3 year( nitial interest rate not to exceed 6 %per annum,with mortgage loan discount points not to exceed 0 loan amount.Buyer shall apply for said loan within 3 days of the Effective Date of this contract.Buyer shall ier's best efforts to secure the lender's customary loan commitment letter on or bef March 15, 2006 and to satisfy all terms and conditions of the loan commitment letter by Closing. . above letter date, Seller may request in writing from Buyer a copy of the loan commitment letter. If Buyer fails to pro er a copy of the loan commitment letter or a written waiver of this loan condition within five days of receip er's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not ipy of the letter or the waiver. re must be no restriction,easement, zoning or other governmental regulation that would prevent the reasonable use c perty for RESIDENTIAL. purp Property must be in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and !pted. deeds of trust,liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller pri Lt Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any cellations following Closing. e must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee sir •ketable and insurable title,free of all encumbrances except: ad valorem taxes for the current year(prorated through the da sing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and er encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public vay. :CIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessment 1k,paving,water,sewer,or other improvements on or adjoining the Property,and no pending or confirmed owners'associl assessments,except as follows: NONE "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments ar mental assessments confirmed through the time of Closing,if any,and Buyer shall take title subject to all pending assessn unless otherwise agreed as follows: NONE RATIONS AND ADJUSTMENTS: Unless otherwise provided,the following items shall be prorated and either adji n the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis throug Closing;(h)Ad valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal pro eyed to the Buyer,in which case,the personal property taxes shall be prorated on a calendar year basis through the de (c)All late listing penalties, if any,shall be paid by Seller; (d)Rents, if any,for the Property shall be prorated throug Closing; (e)Owners'association dues and other like charges shall be prorated through the date of Closing. Seller repre regular owners'association dues,if any,are$ N/A per N/A ENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance e price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Se ons under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at C N/A toward any of Buyer's expenses associated with the purchase of the Property, includini A lender and inspection costs that Buyer is not permitted to pay,but excluding any portion disapproved by Buyer's lendei L:Buyer agrees to purchase from Seller the fuel,if any, situated in any tank on the Property at the prevailing rate wii measurement thereof,if any,being paid by Seller. tu'T „ea hie hat Pffnrtc to deliver to Buyer as soon as reasonably possible after the Eft f's file to Buyer and both Buyer's and Seller's agents and attorneys: and(2)the Property's title insurer or its agent to release all materials in the Property's title insurer's(or title insurer's agent's)file to Buyer and both Buyer's and Seller's agents fs. BOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactol showing that all labor and materials,if any, furnished to the Property within 120 days prior to the date of Closing have r and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. OPERTY DISCLOSURE: Buyer has received a signed copy of the N.C.Residential Property Disclosure Statement prior to the signing of this( to Purchase and Contract. Buyer has NOT received a signed copy of the N.C.Residential Property Disclosure Statement prior to the signing ol Offer to Purchase and Contract and shall have the right to terminate or withdraw this contract without penalty prig WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1)the end of the third calendar day follov receipt of the Disclosure Statement; (2)the end of the third calendar day following the date the contract was made; c Closing or occupancy by the Buyer in the case of a sale or exchange. Exempt from N.C. Residential Property Disclosure Statement because (SEE GUIDELIN The Property is residential and was built prior to 1978 (Attach Lead-Based Paint or Lead-Based Paint Ha; Disclosure Addendum.) tOPERTY INSPECTION,APPRAISAL,INVESTIGATION(Choose ONLY ONE of the following Alternatives): ,TERNATIVE 1: operty Inspection: Unless otherwise stated herein, Buyer shall have the option of inspecting,or obtaining at Buyer's ex :tions,to determine the condition of the Property. Unless otherwise stated herein,it is a condition of this contract that: n appliances,electrical system,plumbing system,heating and cooling systems,roof coverings(including flashing and gu and windows,exterior surfaces,structural components(including foundations,columns, chimneys,floors,walls,ceilinf 1,porches and decks,fireplaces and flues,crawl space and attic ventilation systems(if any),water and sewer systems(publ te), shall be performing the function for which intended and shall not be in need of immediate repair;(ii) re shall there be sWolf al drainage conditions or evidence of excessive moisture adversely affecting the structure(s); (iii) tos or existing environmental contamination. Any inspections shall be completed and written notice of necessary repairs st to Seller on or before N/A (the"Inspection Date"). Seller shall provide written yer of Seller's response within N/A days of Buyer's notice. Buyer is advised to have any inspections made p ring expenses for Closing and in sufficient time to permit any required repairs to be completed by Closing. Vood-Destroying Insects:Unless otherwise stated herein,Buyer shall have the option of obtaining, at Buyer's expe t from a licensed pest control operator on a standard form in accordance with the regulations of the hNorth Cat ere tural Pest Control Committee,stating that as to all structures,except N/A , t e evidence of wood-destroying insects and containing no indication of visible damage therefrom.The report must be obta ;lent time so as to permit treatment,if any,and repairs,if any,to be completed prior to Closing. All treatment required sl for by Seller and completed prior to Closing,unless otherwise agreed upon in writing by the parties. The Buyer is advis ispection report described in this varagraph may not always reveal either structural damage or damage caused by aat iisms other than wood-destroying insects.If new construction, Seller shall provide a standard warranty of termite soil trea .epairs: Pursuant to any inspections in (a) and/or(b) above, if any repairs are necessary, Seller shall have the opi )leting them or refusing to complete them. If Seller elects not to complete the repairs,then Buyer shall have the op, Ming the Property in its present condition or terminating this contract,in which case all earnest monies shall be refunded. wise stated herein,any items not covered by(a)(i), (a)(ii),(a)(iii)and(b)above are excluded from repair negotiation: ,ontract. radon Inspection: Buyer shall have the option,at Buyer's expense,to have the Property tested for radon on or before the >letion of inspections as set forth in paragraph 13(a)above. The test result shall be deemed satisfactory to Buyer if it indi level of less than 4.0 pico curies per liter of air (as of January 1,1997,EPA guidelines reflect an "acceptable" It hing less than 4.0 pico curies per liter of air). If the test result exceeds the above-mentioned level, Seller shall have the ) remediating to bring the radon level within the satisfactory range; orb)refusing to remedi ate. Upon the comple teat nPrfnrmed at Seller's expense,and if the test result indicates a radon level less than Of Repair Contingency: Notwithstanding the above and as an additional remedy of Buyer, if a reasonable estin by Buyer of the total cost of repairs required by (a) and (b) and/or remediation required by (d) above equal $ N/A , then Buyer shall have the option to terminate this contract pursuant to this Cost of Re ;ncy no later than seven(7)days following the Inspection Date and all earnest monies shall be refunded to Buyer. 'sisal Contingency: The Property must appraise at a value equal to or exceeding the purchase price or, at the optio ris contract may be terminated and all earnest monies shall be refunded to Buyer.If this contract is not subject to a finan ;ency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or befe March 10, 2006 . The cost of the appraisal shall be borne by Buyer. (SING SHALL CONSTITUTE ACCEPTANCE OF OF THE PROPERTY IN ITS THEN EXISTING CONDIT] PROVISION IS OTHERWISE MADE IN WRITING, ERNATIVE 2:(This Alternative applies ONLY if Alternative 2 is checked AND Buyer has paid the Option Fee) trty Investigation with Option to Terminate: In consideration the sum set forth in paragraph 4(c)paid by Buyer to S row Agent)and other valuable consideration,the sufficiency of which is hereby acknowledged(the"Option Fee"),B ve the right to terminate this contract for any reason or no reason,whether related to the physical condition of :y or otherwise, by delivering to Seller written notice of termination(the "Termination Notice")by 5:00 p.m ,20 ,time being of the essence(the"Option Termination Date"). At any time ng, Buyer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections Its of the Property, including but not limited to those matters set forth in Alternative 1, performed prior to the Op Lion Date). .else of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, time being of the ess ract shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer;how DTI Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller pri on Termination Date,then Buyer will be deemed to have accepted the Property in its physical condition existing as o Germination Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraph 5. ee 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 CONDITI S PROVISION IS OTHERWISE MADE IN WRITING._ ►SONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing utili the earlier of Closing or possession by Buyer,to Buyer or Buyer's representatives for the purposes of appraisal,inspec ialuation.Buyer may conduct a walk-through inspection of the Property prior to Closing. )SING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any an its and papers necessary in connection with Closing and transfer of title on or before April 28, 2006 e designated by Buyer. The deed is to be made to JOSEPH H. MYERS AND 77NA W.MYERS SESSION: Unless otherwise provided herein,possession shall be delivered at Closing.In the event possession is NOT I d at Closing: ❑a Buyer Possession Before Closing Agreement is attached. OR, E a Seller Possession After Clo :nt is attached. 1ER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTI 3.)A. SELLERS WILL PROVIDE HOME WARRANTY TO BUYERS. B. SELLERS WILL V CAMA PERMIT INSURING BUYERS CAN BUILD PIER AND DOCK FROM RTY. C. CLOSING DATE MAY BE EXTENDED TO ACCOMMODATE CAMA PERMIT. ingent upon lot 4624 Mintz St.closing appx. 2/10/06. E. Home purchased AS IS. K OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.If the improver roperty are destroyed or materially damaged prior to Closing,Buyer may terminate this contract by written notice deliver Seller's agent and all deposits shall be refunded to Buyer. In the event Buyer does NOT elect to terminate this contract,I entitled to receive, in addition to the Property,any of the Seller's insurance proceeds payable on account of the damal on applicable to the Property being purchased. RITES:This contract shall be binding upon and shall inure to the benefit of the parties,i.e.,Buyer and Seller and their h sors and assigns. As used herein,words in the singular include the plural and the masculine includes the feminine and n( s,as appropriate. RVIVAL: If any provision herein contained which by its nature and effect is required to be observed,kept or perfon ie Closing,it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully obse performed. NTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representati :ments or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writini by all parties.Nothing contained herein shall alter any agreement between a REALTOR®or broker and Seller or Buy ned in any listing agreement,buyer agency agreement,or any other agency agreement between them. )TICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to agent. This offer shall become a binding contract (the"Effective Date")when signed by both Buyer and Seller and g is communicated to the offering party.This contract is executed under seal in signed multiple originals,all of which toF tute one and the same instrument, with a signed original being retained by each party and each REALTOR® or b and the parties adopt the word "SEAL"beside their signatures below. •acknowledges having made an on-site personal examination of the Property prior to the making of this offer. NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIA' E NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FOR SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PRO' YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE IT. Date: (P• �— (SEA Seller did TERRY D. WILLETTS — t � Date: (SEAL) Sell ergzk,,te>ie..k.al : F r �NA W.MYER 7 SANDRA E. WILLETTS ow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance wi s hereof. U t. Firm: SAND DOLLAR REALTY, INC.____ By: 41± E MADISON ng Agent/Firm/Phone EVELYN MADISON/SAND DOLLAR REALTY,INC. Agent Acting as X Buyer's Agent El Seller's(sub)Agent g 1 : FAX NO. :2532703 Apr. 26 2006 11:40AM P1 • �-a+N > -+- � Brunswick County—Register of Deeds �� �1CK C.0,� Robert 3. Robinson �.- .�' !` , 4 Inst 1327271 Book 2377Page 1194 v' _' lea 1 04/26/2006 10:39_.07am Rec* 4 09(50`i 4 4 Ey CR. }p . TOTAL., ,ate :, REC#_�_ CKATC#�', &{ � . �` � • w- CASH-, •..._..REF B Y NORTH CAROLINA NON-WARRANTY DEED STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED, made this the 2Q day of April, 2006, by and between ON SHORE 'INVESTMENTS GROUP, INC. , a North Carolina corporation, party of the first part, hereinafter referred to ,as Grantor, and TERRY WILLETTS, of 6437 Old Shallotte Road, 'Ocean Isle Beach, North Carolina, 28469, party of the second part, hereinafter 'referred to as Grantee; W I T N E S S E T H : THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,. has and by these presents does grant, bargain, sell and convey unto the Grantee, ,his heirs and assigns, in fee simple, all that 'certain tract or parcel of land situated in Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows: • R7TNC4 All of that trent or narcel shown as ". 32 Acres a 1 : FAX NO. :2532703 Apr. 26 2006 11:41AM P2 i^ Inst # 327271 Book 2377Page: 115 Grantor makes no warranty; expressed or implied, as to title to the property hereinabove described. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized officer and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. ON SHORE INVESTMENTS GROUP, INC. a Nort aro 'na corporation BY: (SEAL) R. D. WHITE, Presi ent STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I:,,. .a Notary Public of the State and County aforesaid, hereby certifythat R. D. WHITE personally came before me this day and acknowledged that he is President of ON SHORE INVESTMENTS GROUP, INC. , a North Carolina corporation, and that he, as President, being authorized to do so, executed the foregoing Deed on behalf of the corporation. WITNESS my hand and official stamp or seal, this the day of April, 2006. jeCtIZNAUZ. +1& ': k •, NOTARY PURL C My cot iss own expires: `� in �.{1[ /i 0H\\tl 1144Ntl r °4I-NOTAgY Al 1 I..,P ►BLtG• �� 44's•:,7,gis Ce N r 1 FAX NO. :2532703 Apr. 26 2006 11:41AM P3 Inst # 32727T Book 2377page. EXHIBIT. A Covenants, Conditions and Restrictions for . 32 Acre Tract herein conveyed ("the Property") : 1. Any pier or boat docking facility constructed on the Property shall be for residential purposes only and shall not be used in any respect as a means or place of docking or maintaining any commercial fishing, boat storage or docking facility. 2. Any pier and boat docking facility to be constructed on the premises shall be similar in design and of equal or greater quality to that presently existing as of the date of this conveyance at 61 Craven Street, Ocean Isle Beach, North Carolina. 3. Should any pier or dock located on the premises be damaged or destroyed by storm, fire, flood or any other cause whatsoever, the same shall be either completely removed or fully reconstructed to the same or better quality as previously existed prior to said destruction within ninety (90) days after the date of any said destruction or damage. 4 . In the location, construction, operation, maintenance, repair and replacement of any pier or boat docking facilities, Grantee shall fully comply with all local, state or federal governmental laws, rules and regulations pertaining to the same. 5. Any pier or dock located on the premises shall not be used in any manner so as to amount to a public or private nuisance; in particular, no unreasonable or noxious noise, light, sight or odor shall be allowed to exist upon or emanate from the premises of any said pier or dock and specifically said pier or dock shall not be used as a location for the operation, dockage or storage of any jet ski or like recreational water vehicle. 6. These covenants and conditions are covenants and conditions which are appurtenant to and run with the title of the Property herein conveyed and shall be binding upon .Grantee and Grantee' s lawful successors in title and, shall be a benefit to and enforceable by Grantor and Grantor' s lawful successors in title as well as a benefit to and enforceable by Rivers Edge Investments, Inc. , a North Carolina corporation having title to contiguous and adjacent areas of marshland in the vicinity of the Property herein conveyed.