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1 x427).......-----' t. E4CAMA / I-DREDGE & FILL GENERAL PERMIT Previous permit# C"!'I:jew —Modification IHComplete Reissue ❑Partial Reissue Date previous permit issued prized 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 ,/, /) 00 .Fttiles attached. nt Name:5-p_S V A 7fl/L 7 Project Location: County Rjt y el f wi c% s 1' 4, 66 G x 1 3 (i f Street Address/State Road/Lot#(s) /SRO GI. 1 ) U el /I StateN C ZIP 2 ?!3)` 5/. L. v f I.1` 0(2/ Y 7-7S77fax#( ) Subdivision 7), e OZr.joet i el Ocen -1 zed Agent j.pSfi e f /'7/ r4_5 /i.3'c 21 ( City OC efI.s 77s/e 8vgch ZIP 2 ky' , ❑CW ❑ Per ❑PTS Phone# ( ) River Basin L vrv, ❑OEA ❑HHF ❑IH ❑UBA ❑WA Adj.Wtr. Body Dee/ .SoN..(✓ CI-(1 4"e/C CIPWS: ❑FC: /�� 1�' yes /� PNA yes Crit.Nab. yes / no Closest Maj.Wtr. Body if Project/Activity e2 , V'1 e P vet f.,DG c k (Scale: / Dck)length 2 Z/X Y' IZ/ c19 p /ce 5( '1 ' - /� T pier(s) I � �.— —_ ength cam;:�y� Jmber q/ CJ .sal �; 4 -1 , I -1--- ad/Riprap length rg distance offshore lax distance offshore • _ l :hannel N�' /b , i ibic yards • r mp1. I use/Boatlift + r._..1 . .. * I ' i ` 3ulldozing i 9 , , t t ftliA f f (� sC I I I i C — - r r 1 le Length 3 9 1Z i N . i. t _ ! not sure yes OICO , i ` . l ;s: not sure yes (no — rium: n/a yes o L` : --r-----._.------.._ , _, . - yes (no I-Attached: yes no t i .S W 1 r I t: 1 /1 J' w JESSIE & MYERS CONSTRUCTION BranchBand.! imtCampan, 140 / P.O. BOX 5024 OCEAN ISLE BEACH, NC 28469 66-112/531 /- (910)575-3063 1/1��. _�'� F PAY E 0 DER OF DEHNR 1�Z�k�- One Hundred and 00/100****************************************: *****Xi Rs DEHNR WILMINGTON REGIONAL OFFICE DIVISION OF COASTAL MANAGEMENT F(16/C 127 CARDINAL DRIVE EXTENSION l LI t WILMINGTON, NC 28405-3845 8ATURE MEMO r II'OO2L. 5711' 1:053LOLL2L': 529LL9348 ti JESSIE & MYERS CONSTRUCTION B 4387 Branch BaoYmg and Thew Company P.O.BOX 5024 OCEAN ISLE BEACH, NC 28469 (910)575-3063 66-112/531 PATO THE ORDER OF DEHNR a Three Hundred and 00/ i0k:***** •*;**********************************Aolmm DEHNR WILMINGTON REGIONAL OFFICE DIVISION OF COASTAL MANAGEMENT GPs (tt/S-- 127 CARDINAL DRIVE EXTENSION I/4/1-4- WILMINGTON, NC 28405-384 J SIGNATURE MEMO II'00438711' 1:053LOLL2Li:000529LL 8LII' w OLD 503 ND CzaE k, W,E of \NIA Erz.. 137oDY DE? OF WAIEg. 9, Low -71►7E "-� '1 1, >o All Per 00a-- 1 f I(;Xg' PNA? E.). / N \V W N t 4' WET Lict, D L.1M`� DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM lame of Individual Applying For Permit: J lA 1�r-�- .ddress of Property: /50 1AI . rct 51- -e (Lot or Street #, Street or Road) ©c..eQ Isksz. RAZ — Biro s‘1,3 c_14-- (City and County) hereby certify that I own property adjacent to the above-referenced_property. The individi )plying for this permit has described to me as shown on the attached drawing the development th e proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. you have objections to what is being proposed, please write the Division of Coast anagement, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-39( thin 10 days of receipt of this notice. No response is considered the same as no objection u have been notified by Certified Mail. WAIVER SECTION nderstand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must bck a minimum distance of 15' from my area of riparian access - unless waived by me. (: i 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. i Name D to T'► �0-1-�-y Cur�M t� w ' , DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM \Tame of Individual Applying For Permit: _jo DiA 7-r-1- kddress of Property: /50 VV . hi rc, 5.1-re21 (Lot or Street #, Street or Road) ©Ce2L.. -"SU R).e.2c_1n }�jrvtnswtc.l4- (City and County) hereby certify that I own property adjacent to the above-referenced.property. The individ pplying for this permit has described to me as shown on the attached drawing the development tl re proposing. A descr. tion or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. 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 ithin 10 days of receipt of this notice. No response is considered the same as no objection Hu have been notified by Certified Mail. WAIVER SECTION inderstand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must t bck a minimum distance of 15' from my area of riparian access - unless waived by me. u 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. �� �,cc 1 13 0(0, n ame Date OFFER TO PURCHASE AND CONTRACT- VACANT LOT/LAND E: This contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdi' 3 not be used to sell subdivided property that has not been platted,approved and recorded. If Seller is Buyer's builder and 'es the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Foi he New Construction Addendum(Form 2A3-T). JOSEPH TART ,as y offers to purchase and THE RESORT AT OCEAN ISLE BEACH, LLC as acceptance of said offer,agrees to sell and convey,all of that plot,piece or parcel of land described below(hereafter referrc roperty"),upon the following terms and conditions: 3AL PROPERTY: Located in the City of OCEAN ISLE BEACH y of BRUNSWICK , State of North Carolina,being known as and more particularly descri Address 150 WEST THIRD ST. OCEAN ISLE BEACH Zip 28469 vision Name THE RESORT AT OCEAN ISLE BEACH eference: Lot ' 5 ,Block or Section as sh< ook or Slide at Page(s) (Property acquired by Seller in Deed Book 2 285 at Page 1 39 Prior to signing this Offer to Purchase and Contract - Vacant Lot/Land, Buyer is advised to review Restrictive Covens 'hich may limit the use of the Property, and to read the Declaration of Restrictive Covenants,By-Laws,Articles of Incorpo and Regulations, and other governing documents of the owners'association and/or the subdivision, if applicable. IRCHASE PRICE: The purchase price is$ 600,000.00 and shall he paid as fc 0,000.00 ,EARNEST MONEY DEPOSIT with this offer by U cash ❑ personal check U bank certified check 12 other: PAID WITH (8/8/05) RESERVATION AGREEMENT to be deposited and held in escr LILES AND GODBEY ("Escrow Agent")until the sale is closed, at which time it will he cred yer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or(2) any of the conditions not satisfied, then all earnest monies shall be refunded to Buyer. In the event of breach of this contract by Seller, all e Hies shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Bu) h breach. In the event of breach of this contract by Buyer, then all earnest monies shall be forfeited to Seller upon S nest,but such forfeiture shall not affect any other remedies available to Seller for such breach. TE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow ker,the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written r n the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of coral sdiction. 10,000.00 ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no late 11/10/05 ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. N/A , OPTION FEE in accordance with paragraph 1 l,Alternative 2, to be paid to Seller c .ctive Date as set forth in paragraph 19. (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 ex (s)secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. N/A ,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. 580,000.00 ,BALANCE of the purchase price in cash at Closing. VDITIONS: (State N/A in each blank that is not a condition to this contract.) :r must be able to obtain a ❑ Conventional ❑ Other: N/A loaf 'fixed Rate ❑ Adjustable Rate in the principal amount of N/A for a term of N/A year(s), rl interest rate not to exceed N/A %per annum,with mortgage loan discount points not to exceed N/A %c amount.Buyer shall apply for said loan within N/A days of the Effective Date of this contract. Buyer shal :r's best efforts to secure the lender's customary loan commitment letter on or before N/A ai ry all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in wr r.L-'- _ .. :re must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use perty for RESIDENTIAL - SINGLE FAMILY DWELLING purposes("Intended Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear ar ,epted. deeds of trust, liens and other charges against the Property, not assumed by Buyer,must be paid and satisfied by Seller p rt Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain an: cellations following Closing. e must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee -ketable and insurable title,free of all encumbrances except: ad valorem taxes for the current year(prorated through the d sing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; am ztr encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public ri r. ECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessmen lk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' assoc assessments,except as follows:AN OWNER'S ASSOCIATION WILL BE FORMED AND INITIAL FUNDING OF 00 SHALL BE COLLECTED FROM BUYER AT CLOSING "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments al mental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessr unless otherwise agreed as follows:N/A DRATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either ad: a the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through th ing; (b) All late listing penalties, if any, shall be paid by Seller, (c)Rents, if any, for the Property shall be prorated throu Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller- reprn regular owners' association dues,if any,are$ 139.00 per QUARTER PENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyei 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 S, ons under this agreement, and for excise tax(revenue stamps)required by law. Seller shall pay at Closing$ NONE any of Buyer's expenses associated with the purchase of the Property, including any FHANA lender and inspection cost s not permitted to pay,but excluding any portion disapproved by Buyer's lender. DENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effc this contract,copies of all title information in possession of or available to Seller, including but not limited to: title insu , attorney's opinions on title, surveys,covenants, deeds, notes and deeds of trust and easements relating to the Property. ;es (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in '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 releas 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 agent: s. ;OR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfacto rowing that all labor and materials,if any,furnished to the Property within 120 days prior to the date of Closing have been igreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. (SING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any an( Ms and papers necessary in connection with Closing and transfer of title on or before December 31, 2005 e designated by Buyer. The deed is to be made to AS BUYER DIRECTS JG SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNL 3ION IS OTHERWISE MADE IN WRITING. SESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, or other such activities may be done before possession is delivered. LOPERTY INSPECTION,APPRAISAL,INVESTIGATION(Choose ONLY ONE of the following Alternatives): ,TERNATIIVE 1: oil,Water,Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining reportts► that suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environi iination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazai its,restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports sl by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may ter ,ntract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides to Seller by N/A that this condition cannot be satisfied,time being of the es wer System(check only ONE): yer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hei t A and hereby approves and accepts said Improvement Permit. 1er represents that the system has been installed, which representation survives Closing, but makes no further representati system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the opt :ing or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is not perforni ,n for which intended and is in need of immediate repair,Buyer may terminate this Contract and the Earnest Money Deposi nded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by N/A s condition cannot be satisfied,time being of the essence. s contract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County Health Depa ity")for a(check only ONE) ❑ conventional or ❑ other N/A Lion sewage system for a N/A bedroom home.All costs and expenses of obtaining such Permit or written evaluation ie by Buyer,except Seller,by no later than N/A ,shall be responsible for clean: of the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to ermit or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this contract a t Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Sel N/A that this condition cannot be satisfied,time being of the essence. rer has investigated and approved the availability,costs and expenses to connect to a public or ❑ community sewer s: opraisal Contingency: The Property must appraise at a value equal to or exceeding the purchase price or,at the option of ntract may be terminated and all earnest monies shall be refunded to Buyer. If this contract is not subject to a fins ;ency requiring an appraisal,Buyer shall arrange to have the appraisal completed on or before N/A it of the appraisal shall be borne by Buyer. 1OSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDI' SS PROVISION IS OTHERWISE MADE IN WRITING. TERNATIVE 2: (This Alternative applies ONLY ifAlternative 2 is checked AND Buyer has paid the Option Fee.) aperty Investigation with Option to Terminate: In consideration of the slim set forth in paragraph 2(c) paid by Bo 'not Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option shall have the right to terminate this contract for any reason or no reason, whether related to the physical condition y or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.r N/A , ,time being of the essence(the "Option Termination Date"). At any time prior to CI( hall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections and appraisals ',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 the essence : shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; howevc Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior i Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the C ttion Date;provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraph 3. The Option I ridable,is not a part of any earnest monies,and will he credited to the purchase price at Closing. OSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDI] S PROVISION IS OTHERWISE MADE IN WRITING. ;HT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the ri pon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in this co :r terminates this contract as provided herein,Buyer shall, at Buyer's expense, restore the Property to substantially its pre an within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage, claims s, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buy agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hstanding the foregoing, Seller shall be responsible for any loss,damage,claim,suit or cost arising out of pr-e-existing conc 'roperty and/or out of Seller's negligence or willful acts or omissions. HER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HER IHED "EXHIBIT A" SHALL BECOME A PART OF THIS CONTRACT iK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. ;IGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreemen tract shall be binding on the assignee and his heirs and successors. RTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their ors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and >,as appropriate. E(VIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performec sing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,k red. TIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations. induce r provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained i agreement,buyer agency agreement,or any other agency agreement between them. TICE AND EXECUTION: Any notice or communication to he given to a party herein may be given to the party or tc agent. This offer shall become a binding contract(the "Effective Date")when signed by both Buyer and Seller and such si nunicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together con: I the same instrument, with a signed original being retained by each party and each REALTOR® or broker hereto, ar 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. ORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION Iv PRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN IC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU Date: 5 (SEAL) Seller (S: J PH ART HE RESOR T OCEAN ISLE BEACH LLC Date: (SEAL) Seller (Si Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance witl ereof. I -d ( -0 ' Firm: LILES AND GODBEY n x ..� y ..t i i V a ......... 5,,,.. 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