45934D - Terry

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kENERAL PERMIT Previous permit#
fNew —Modification iComplete Reissue EiPartial Reissue Date permit ermit issued
previous
rized by the State of North Carolina,Department of Environment and Natural Resources n ?
:oastal Resources Commission in an area of environmental concern pursuant to I 5A N?AC ! li • 1 2 4°'d
QRules attached.
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40°v= 66-112/531
PAY
TO THE
ORDER OF DEHNR «�
�
One Hundred and
DEHNH
WILMINGTON REGIONAL OFFICE
DIVISION OF COASTAL MANAGEMEHT /^ ^
127 CARDINAL DRIVE EXTENSION
WILMINGTON N(' 28405-3845 ' ~^ '
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DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
ime of Individual Applying For Permit: lc_on-a. d I eY fy
idress of Property: V 4- W , 1--� �T
(Lot or Street #, Street or Road)
(City and County)
Lereby certify that I own property adjacent to the above-referenced.property. The individu
dying for this permit has described to me as shown on the attached drawing the development th
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
Lnagement,. 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-390
hin 10 days of receipt of this notice. No response is considered the same as no objection
1 have been notified by Certified Mail.
WAIVER SECTION
iderstand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must b
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.
/1 /4 /0(40
N. e Date

DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Jame of Individual Applying For Permit: lFor . tcl el VI
t
address of Property: ier4 W , R-D ��-
(Lot or Street #, Street or Road)
OC-E E. EACtI P)V---k)t\ W tU--
(City and County)
hereby certify that I own property adjacent to the above-referenced_.property. The indivi li
3plying 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, breaktivater, boot 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.
.242—ZG
NBC ate
M11 V\lard

OFFER TO PURCHASE AND CONTRACT- VACANT LOT/LAND
;:This contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdivi
not be used to sell subdivided property that has not been platted,approved and recorded. If Seller is Buyer's builder and tl
�s the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Fon
to New Construction Addendum(Form 2A3-T).
RONALD TERRY, ROBIN TERRY , as
offers to purchase and THE RESORT AT OCEAN ISLE BEACH, LLC ,as
cceptance of said offer,agrees to sell and convey,all of that plot,piece or parcel of land described below(hereafter refen-e4
Dperty"),upon the following terms and conditions:
AL PROPERTY: Located in the City of OCEAN ISLE BEACH
of BRUNSWICK , State of North Carolina,being known as and more particularly descril
Address 164 WEST THIRD ST. OCEAN ISLE BEACH Zip 28469
rision Name THE RESORT AT OCEAN ISLE BEACH
rference:Lot CO. ,Block or Section as she
Dok or Slide at Page(s) (Property acquired by Seller in Deed Book 2285 at Page 1
;: Prior to signing this Offer to Purchase and Contract - Vacant Lot/Land, Buyer is advised to review Restrictive Covem
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$ 625,000.00 and shall be paid as fc
,0,000.00 ,EARNEST MONEY DEPOSIT with this offer by ❑ cash ❑ personal check ❑ bank
certified check on other: PAID WITH(7/22/05)RESERVATION AGREEMENT to be deposited and held in esct
LILES AND GODBEY ("Escrow Agent")until the sale is closed, at which time it will be 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
nies 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.
[uest,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;
m the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of corn
isdiction.
10,000.00 ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no late
11/10/0 5 ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE.
N/A ,OPTION FEE in accordance with paragraph 11,Alternative 2,to be paid to Seller
'ective 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 e
n(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.
605,000.00 ,BALANCE of the purchase price in cash at Closing.
)NDITIONS: (State N/A in each blank that is not a condition to this contract.)
yer must be able to obtain a ❑ Conventional ❑ Other: N/A Io
Fixed Rate U Adjustable Rate in the principal amount of N/A for a term of N/A year(s'
tial interest rate not to exceed N/A %per annum,with mortgage loan discount points not to exceed N/A
n amount.Buyer shall apply for said loan within N/A days of the Effective Date of this contract. Buyer sh
yer's best efforts to secure the lender's customary loan commitment letter on or before N/A
isfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in

.we must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use
perty for RESIDENTIAL — SINGLE FAMILY DWELLING purposes("Intended
a 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
at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain an
icellations following Closing.
le must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee
rketable and insurable title,free of all encumbrances except: ad valorem taxes for the current year(prorated through the c
)sing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; an,
er encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public r
y.
ECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessmer
Ilk,paving,water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' asso,
1 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 a
mental assessments confirmed through the time of Closing,if any, and Buyer shall take title subject to all pending assess.
unless otherwise agreed as follows:N/A
.ORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either ac
:n the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through tl
sing; (b) All late listing penalties,if any, shall be paid by Seller, (c)Rents, if any, for the Property shall be prorated throe
f Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller repi
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 Buyt
, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance
se price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform f
ions 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 FHA/VA lender and inspection cos
is not permitted to pay,but excluding any portion disapproved by Buyer's lender.
'IDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Ef
f this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insi
s, attomey's opinions on title, surveys, covenants,deeds, notes and deeds of trust and easements relating to the Property.
zes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy it
y'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 relea
e 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 agen
.ys.
.BOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfacl
showing that all labor and materials,if any,furnished to the Property within 120 days prior to the date of Closing have bee
agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom.
,OSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any a
ents and papers necessary in connection with Closing and transfer of title on or before December 31, 2005
ice designated by Buyer. The deed is to be made to AS BUYER DIRECTS
ING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UN
ISION IS OTHERWISE MADE IN WRITING.
SSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavation
rl or other such activities may be done before possession is delivered.

LOPERTY INSPECTION,APPRAISAL,INVESTIGATION(Choose ONLY ONE of the following Alternatives):
,TERNATIVE 1:
)il,Water,Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(;) that
; suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environ
nination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood haza
;its, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports s
by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot he obtained, Buyer may tel
)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 e;
..wer System(check only ONE):
yer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached he
It A and hereby approves and accepts said Improvement Permit.
Iler represents that the system has been installed,which representation survives Closing, but makes no further representat.
system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the op
ting or obtaining, at Buyer's expense, inspection(s)to determine the condition of the system. If the system is not perform
)n for which intended and is in need of immediate repair,Buyer may terminate this Contract and the Earnest Money Depos
ended to Buyer.Buyer waives this condition unless Buyer provides written notice to Seller by N/A
is condition cannot be satisfied,time being of the essence.
is contract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County Health Dept
mty")for a(check only ONE) ❑ conventional or ❑ other N/A
;tion sewage system for a N/A bedroom home.All costs and expenses of obtaining such Permit or written evaluatic
ne 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 t
a Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Se
N/A that this condition cannot be satisfied,time being of the essence.
yer has investigated and approved the availability,costs and expenses to connect to a In public or ❑ community sewer s
ppraisal 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 fin
gency requiring an appraisal,Buyer shall arrange to have the appraisal completed on or before N/A
1st of the appraisal shall be borne by Buyer.
LOSING 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.)
-operty Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 2(c) paid by Bi
(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
ty or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.
N/A , ,time being of the essence(the "Option Termination Date"). At any time prior to C
shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections and appraisals
ty,including but not limited to those matters set forth in Alternative 1,performed prior to the Option Termination Date).
rercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, time being of the es.sem
;t shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; howev
Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior
Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the
ration Date;provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraph 3. The Option
andable,is not a part of any earnest monies,and will be credited to the purchase price at Closing.
LOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDI
SS PROVISION IS OTHERWISE MADE IN WRITING.

•
`GHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the
ipon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in this c(
rer terminates this contract as provided herein,Buyer shall, at Buyer's expense, restore the Property to substantially its pr
ion within thirty days of contract termination.Buyer will indemnify and hold Seller harmless from all loss,damage,claim
as,which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Bu
's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination
'Lthstanding the foregoing,Seller shall be responsible for any loss,damage,claim,suit or cost arising out of pre-existing cor
Property and/or out of Seller's negligence or willful acts or omissions.
CHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HEI
CHED "EXHIBIT A" SHALL BECOME A PART OF THIS CONTRACT
[SK OF LOSS:The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.
3SIGNMENTS: This contract may not be assigned without the written consent of all parties,but if assigned by agreeme:
)ntract 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 thei
ssors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and
rs,as appropriate.
JRVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or perform(
osing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,
med.
'JTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, induc
er provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signet
s. Nothing contained herein shall alter any agreement between a REALTOR0 or broker and Seller or Buyer as contained
agreement,buyer agency agreement,or any other agency agreement between them.
DTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or
s agent. This offer shall become a binding contract(the "Effective Date")when signed by both Buyer and Seller and such
imunicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together coi
ad the same instrument, with a signed original being retained by each party and each REALTOR® or broker hereto,
s adopt the word"SEAL" beside their signatures below.
r 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 ASSOCIATION
EPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM Il`
IFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVID
t LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOL
Date:
Z‘
O (SEAL) Seller_.
NALD TE ORT A OCE ISLE BE LLC
Date:
(SEAL) Seller
OBIN TERRY
w Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance w
hereof.
—D -o3 Firm LILE SAND GODBEY

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