Loading...
HomeMy WebLinkAbout77666D - Holmes ,, 0 //17-2620/17T)w CAMA/ ❑DREDGE & FILL No 77666 A B C GENERAL PERMIT Previous permit# >( gNew ' -Modification C':Complete Reissue CI Reissue Date previous permit issued As authorized by the State of North Carolina,Department of Environmental Quality 01 N I z� and the Coastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC [I �/ 1 S ❑Rules attached. 1 Y Applicant Name M tTp'�( I y p�)P L! b e. Project Location: Countye t:12 ,O / - Street Address State Road Lot# s Address �� �� (T�R� S e / / ( ) City J 1 L {M • State NC" ZIP As** 1 S --(►J6$ LAN p(N6 f-AfF75 Phone#S�•)'9 I 4 '64 SE-�Mail Subdivision,,-.• ,p—'—' Authorized Agent IMP.TC 1rtw CiAM)1 e-p— City '�1k1M f 5TPc-b. ZIP Z.-KA4"3 Affected ❑CW I EW Q�TA LIES ❑PTS Phone# ( '�— River Basin W ' 0 ' ❑OEA ❑HHF /❑IH ❑UBA ❑N/A AECs : Ad'.Wtr. BodyPI W W �a� ( ) ❑PWS: I an /unkn) Closest Maj.Wtr. Body —11)?'-,Pr(L- e70ON1z> ORW: yes /60 PNA yes /(tVP Type of Project/Activity (14 57 Pc'lA— &4 / -i& F CAI L I Tll (Scale: N T? )n Pier(dock)length i. `(..„.= I , , . I - I i 1 / I I l � -1 l'6-U.11-tr!'7 Fixed Platform(s) 1 f: I \I `' 9 KINGS LANDING 3K 731 PG 76 1 Floating Platforms) , ' 1 Finge,r pier(s) I I Groin length I 1 number A.I.WW RIGHT OF WAY I Bulkhead/Riprap length IH I (DING avg distance offshore 614 NORMAL HIGHWAIER LINE I FLAGGED BY 0CM OCT. 2020. 1 .1?/1 max distance offshore 0--4s GRASS LINE I Basin,channel — s 44'31'52"E - 1 I � BODY CATER I ——— � M70 cubic yards �RIPAR4 LINE TH 495• I 111111111111111111111r L.: Boat ramp t 6'FIXED 411111.1***-441111111111"_ — 12-- --I1Ii! ti - � PIER RIPg ^,— ADJACENT PIER LOCATION TAKEN 417 al y FROM A SURVEY BY ROBERTY GOSLEE DATED APRIL 19, 2007 c Shoreline Length I, 0 i I `O SAV: not sure yes A. ;,- I l t 1 +.. Moratorium: n/a yes (Ito -5 i ^^T Photos: yes J, yrVI t t j Waiver Attached: es) th A building permit may be required by: N f)tiie---(. . . ❑See note on back regarding River Basin rules. (Note Local Planning Jurisdiction) Notes/Special Conditions I, l� L, Ag t or Applicant Printed Name P it er s Pn Name Sigma e **Please read compliance statement on back of permit**4. Signa Application Fee(s) Check# Issuing Date Expiration Date 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 I)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,certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar-Pamlico River Basin Buffer Rules 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 Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-648I) or the Wilmington Regional Office(9 I 0-796-7215)for more information on how to comply with these buffer rules. Division of Coastal Management Offices Morehead City Headquarters Washington District 400 Commerce Ave 943 Washington Square Mall Morehead City, NC 28557 Washington, NC 27889 252-808-2808/ I-888-4RCOAST 252-946-6481 Fax: 252-247-3330 Fax: 252-948-0478 (Serves:Carteret,Craven,Onslow- (Serves: Beaufort, Bertie, Hertford, Hyde, North of New River Inlet-and Pamlico Tyrrell and Washington Counties) Counties) Elizabeth City District Wilmington District 401 S. Griffin St. 127 Cardinal Drive Ext. Ste. 300 Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax: 910-395-3964 Fax: 252-264-3723 (Serves: Brunswick, New Hanover, (Serves: Camden,Chowan,Currituck, Onslow-South of New River Inlet- Dare,Gates, Pasquotank and Perquimans and Pender Counties) Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 7/06/17 I RIPARIAN SURWY/PIER PLAN I �OCATION MAP') Sidbury Acres - Lot 17 1 (NOT TO SCALE) Topsoil Township, Ponder County I North Carolina Reference: Book 4263 Page 116 I Map Book 4 Page 63 I Date: Oct. 8, 2020 1 GEORGE PEAY I/ 1509 KINGS LANDING I �'v TE ��Q II BK 731 PG 76 \ 4 44- I I 1 0 j A.I.W W. RIGHT OF WAY I \, "c s �� �\� I - "90.0 \(� \ EDWARD LUETH I ,1\ / \ 1521 KINGS LANDING NORMAL HIBIWA TER UNE I r7 BK 4644 PG 2614 FLAGGED BY DCM OCT.2020. N:228614.42\ �,� GRASS UNE I / \y�• E:2405085.88\ �Q- . _ OAR S 44'31'52" E 154.47' • NCE S 44'31'52" E I _ WATER BODY NTOT 495' t„ _ --RIPA_R LINE v4 /� _ _ I k, �. / // Lot 17 -- Tie _ '^ 4 BOATING / / 6'FIXED , _ -- Dr K _ —f- PIER --__ ��• 30 Isli BULKHEAD ——- �'�"' ��Q / 37.15' r _ / S 44'31'52" E 171.64' ' c. S 44'31 52 E IUs•rr t +., 0.5 Mlles to / -4 _,,,, Oldo Paint Loop/, NICHOLAS CHAPIS C _ - - — ja"MIRIPARI,w 'a. Road 2/i 1541 KINGS LANDINGUNE co A/' BK 4703 PG 24 y ADJACENT PIER LOCATION TAKEN -'(.....' I I O ....a\ FROM A SURVEY BY ROBERTY GOSLEE DATED APRIL 19, 2007 RAIL I I 1 I • I C n DECK JAMES LINCON I /80' SETBACK s 1547 KINGS LANDING r' Q CO BK 3763 PG 326 I I ■�; ;�■: RECEIVED 10f ioi RECE I 30' 15' 0 30' 111111 0 C T 16 2020 SN coo, I SCALE IN FEET �� 1 INCH-30 FEET I g�ipQP ESSiati'`ti9's; THIS MAP IS NOT FOR RECORDATION I BOTTOM VARIES = : SEAL DCM WILMINGTON NC = L-3391 = *:iv= HANOVER DESIGN SERVICES, P.A. ...�.J� . �q�•b" SUKF• p LAND SURVEYORS ENGINEERS &LAND PLANNERS - 6'MIN. PENETRATION p • ,'ry ��` 1123 FLORAL PARKWAY �,ll 11111\\� WILMINGTON. N.C. 28403 BELOW HARD BOTTOM ��i N �����\ .TrQ} /,/ G PHONE: (910) 9941 343-8002 TYPICAL PIER SECTION (/O 4 `(/Q FAX: (910)31J-99C1 ....) NOT TO SCALE Dui >f pppp \ FIRMCERTIFICATE c-059715366 ) 3 , �J - - . CAMA / ❑DREDGE & FILL ' 1 U' -n ?) A B C C 0GENERAL PERMIT Previous permit# ��—% . New ❑Modification CI Complete Reissue ❑Partial Reissue Date previous permit issued �` As authorized by the State of North Carolina,Department of Environmental Quality 01 , (Zc'© and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC p V El Rules attached. M Applicant Name ( , 14 �P (Ask1.0 vAr.. Project Location: CountyEAddress �� � � l7'��'�N Street Address/State Road/Lot #(s) � City lAJ i 1. IA • State NC--• ZIP 1 � 0E6 (AN at P f DF Phone#VS' )'I} ' " E-Mail Subdivision ---" Authorized Agent IMPT1A/ cPew,-teP— City k)iik-kik(51-EP\--1> _ ZIP 24243' ❑CW yJEW r PTA ❑ES ❑PTS Phone# ( '�- River Basin ��' © ' Affected ❑OEA /❑HI* (❑IH ❑UBA ❑N/A AEC(s): Adj.Wtr. Body P I V'V W iffrariAan /unkn) O PWS: t PrIt-' SOv�� ;�� Closest Maj.Wtr. Body ORW: yes PNA yes / Type of Project;Activity 1 ST i- V'-X' 'I A'b ' FALL I 1-1 I (Scale: N ) Pier(dock)length 6 1y. '7i7 — 1 1 9 KINGS LANDING 7'i Fixed Platform(s) 3K 731 PG 76 I Floating Platform(s) I I —__ Fin pier(s) 1 Groin gth I i 414 num r AJ.W.W. RIGHT OF WAY I Bulkhead/Rip length TH I DING I NORMAL HIGHWATER LINE avg distance ffshore 614 FLAGGED BY DCM OCT. 2020. 1 ox.".s 7115 max distance o hore 1.4, GRASS LINE •_ S 44'31'52'E Basin,channel - - 1 WAFER I ——— .. R/PA�AN LINE BODY W/0T}/495' 1 cubic yards L.; m I Boat ramp ( ) 6'FIXED ® 125' — ___ h 4'FCOAITNG p KHEAD PIER De K i Boathou 1 {� °� __'—— _ ��' 30' I 37.15' �'�",.._ - is, S 44'31 52 E �- ... _ — �,i �/s,4.y _ � i Cb Beach Bulldoze — — — — — _ _ _ m '— cQ Other E — — _ — • R1P� L/NE s ADJACENT PIER LOCATION TAKEN FROM A SURVEY BY ROBERTY GOSLEE DATED APRIL 19, 2007 Oa J t I RI I Shoreline Length c,I�. — C SAV: not sure yes -rd' - I l/ I Moratorium: n/a yes 60 t7 KINGSILANDING a-s Photos: yes AR; W,) Waiver Attached: es `* A building permit may be required by: PE N f) I See note on back regarding River Basin rules. (Note Local Planning Jurisdiction) Notes/Special Conditions Ag E or App scant Printed Name P it f er's Pnnte Name Signat e **Please read compliance statement on back of permit e* Signa ` 61 ' lv. ?v Z, 7- Z1 6.) Application Fee(s) Check# Issuing ate Expiration Date ✓VVUVIiduI LI IVGIV,/G I✓.GVt LULL-I V,I --,UL✓nlj,I -I JLlI IJI VVLV✓ AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mark Holmes, Lisa Holmes Mailing Address: 5201 Old Garden Rd Wilmington, NC 28403 Phone Number: 757-717-0445 Email Address: Itibbsholmes@gmail.com Matthew Sawyer I certify that I have authorized Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Installing a wooden dock with a boat lift, floating dock and observatory area at my property located at 1523 Kings Landing Road, Hampstead, NC 28443 in Pender County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: ,--DocuSigned by: DC1CDE 4 re Lisa Holmes Print or Type Name Title 9 30 2020 Date RECEIVED OCT 162020 11 30 2020 This certification is valid through / / DCM WILMINGTON, NC • RIPARIAN SURVEY/PIER PLAN 1 �OCATION MAP (NOT TO SlAIF) Sidbury Acres - Lot 17 , Topsail Township, Pender County I North Carolina Reference: Book 4263 Page 116 I 4 Map Book 4 Page 63 I Date: Oct. 8, 2020 GEORGE PEAY/ 1/ 1509 KINGS LANDINGISITE BK731PG76 \ O�� ode XI II \1, �� o ��/� \j A.I.W.W. RIGHT OF WAY ,1\� �9p'i0 N1� EDWARD LUEIH / e 1 1521 KINGS LANDING NORMAL HICHWATER LINE I �- BK 4644 PG 2614 FLAGGED BY DM OCT. 2020. I N:228614.42\` \��,� GRASS LINE I / 51• E:2405085.88 —— _ 155.66111=11111111111111111.1 OQ S 44'31'S2' E 154.47' • NCE S 44'31'S2'E Ili _ RIPq_R Wq R BODY WlD7}I 495' I �- �.� / // Lot 17 _�� its —____ 4'FLoanNG�� ♦ Z/ / PIER FIXED ----_— �.• O. K30' I I f BULKHEAD �s——__ FAQ / 37.15' __ I _ / S 44'31'52 E 171.64' N S 44'31 52 E -� _ furr I CU 0.5 Wee to / Olde Point Loop/,� NICHOLAS CHAPIS C R/PARAN UNE Road 21 1541 KINGS LANDING I ,� ti/Sv BK 4703 PG 24 ADJACENT PIER LOCATION TAKEN RI I CO FROM A SURVEY BY ROBERTY GOSLEE '....\- L I RAIL DATED APRIL 19, 2007 I ro I I c I I V I DECK JAMES LINCON I /80"SETBACK 1547 KINGS LANDING I/ Q BK 3763 PG 326 II 101 i 30' 15' 0 30' `���SN 1CAluo R e" I SCALE IN FEET I `:�.p (55/p„„y9'.i I 1 INCH-30 FEET RECEIVED I THIS MAP IS NOT FOR RECORDATION I BOTTOM VARIES SEAL L-3391 HANOVER DESIGN SERVICES, P.A. o•••' 0 C T 16 2 0 r_0 `9 b �P �\ LAND SURVEYORS ENGINEERS LAND PLANNERS 8'MIN. PENETRATION �iG�AN `. .,..• 1123 FLORAL PARKWAY BELOW HARD BOTTOM '�f,lll 11 i�1111 1��\,�, PHONE:NILIAINGro(910)C343 8- 002 WINIGt al I, wai i►•G FAX: (910)343-9941 TYPICAL PIER SECTION DCM WILMINGTON, NC De4 //,2010 FIRM CERTIFICATE C-0597 NOT TO SCALE 15368 DocuSign Envelope ID:0AD66375-88D4-4E35-838A-D6E1AD505972 ,y ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Mark and Lisa Holmes 's (Name of Property Owner) property located at 1 523 Kings Landing Rd. Hampstead, NC 28443 (Address, Lot, Block, Road, etc.) Atlantic Intracoastal Waterway in Render County N.C. on (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above locat . I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Installing a wooden dock with a boat lift, floating, dock and an observatory area. RECEIVED OCT 1 6 2020 DCM WILMINGTON, NC WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back 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 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacenn�tProperty Owner Information) DoeuSigned by: /���^11 Nth (� �-S 1,.(/ � " Sign 178C52804FF41F... .Signal rc*,1 n Mark Holmes NI 1 e 0 L AS G M i 5 Print or Type Name Print`or e Name ,o 17117 HWY 17 N I Y1/ ) )1.)6.. L4�,i 06 (2"`- Mailing Address Mailing�_ AddressI) NC Z? it Y 3 Hampstead, NC 28443 � J City/State/Zip City/State/Zip p a 757-717-0445 (VD — 31 1—v5`e" Telephone Numbgolgg*Nydress Telephone Number/email address L'e I'v — f c-2d20 Date Dales (Revised Aug. 2014) *Valid for one calendar year after signature* RIPARIAN SURVEY/PIER PLAN I 1_--OCA110N MAP Sidbury Acres - Lot 17 ; (NOT TO SCALE) Topsail Township, Pender County I North Carolina Reference: Book 4263 Page 116 I 4 Map Book 4 Page 63 I Date: Oct. 8, 2020 GEORGE PEAY I / 1509 KINGS LANDING I .� OW SITE Ar/ 1 OO BK 731 PG 76 Q I J OC� /4- "� II \1i�tio P 2� 7 A.I.W.W. RIGHT OF WAY _ 1521DWARD LUETH KINGS LANDING I 1 \ / \ NORMAL HIGH WATER UNE c7 BK 4644 PG 2614 FLAGGED BY DCM OCT. 2020. I N:228614.42\ \��,� GRASS UNE I / 4 E:2405085.88\ _ O��Q S 44'31'52' E 154.47' • NCE S 44'31'52"Eiimiii. . I _ WATER BODY WID I — RIPAR "NE TH 495' I / / i E..... _ti,' '' / / Lot 17 �� — _ :FLoAnNZ---i-• 125' —— 2^ M� [� // PIER XED ------ 11111111....m ---- O,CK JO t (IIfBULKHEAD s— — F�Q / 37.15' -- I / S 44'31'S2" E 171.64' ' - .S 4431 52 E �, 1A/4. t CO 0.5 Mlles to / _ — — — - Olde Point Loop NICHOLAS CHAPIS C _ — — — R/pAR "�_ Road 02/I 1541 KINGS LANDING UNf }� ^,/i' BK 4703 PG 24 I Uj ADJACENT PIER LOCATION TAKEN -� 0 (.....‘ 1 FROM A SURVEY BY ROBERTY GOSLEE e-O' I RAIL DATED APRIL 19, 2007 I CO I C I I +� I DECK JAMES LINCON I /80'SETBACK 1547 KINGS LANDING r' Q BK 3763 PG 326 iel ioi I 30' 15' 0 30' `\`\wnuu/,,, .`.�N coo,,,„ I SCALE IN FEET RECEIVED �� .iiESS%a�..'y9%, I 1 INCH_30 FEET QQ' '�� I THIS MAP IS NOT FOR RECORDATION BOTTOM VARIES = SEAL `L-3391� rHANOVER DESIGN SERVICES, P.. OCT 16 2020 �b �.:4 �i� yy)K1F: p• ` LAND SURVEYORS ENGINEERS &LAND PLANNERS N. PENETRATION BELOW HARD BOTTOM ,,, ��1111`1���``\� WAY WILMINGTON1123 L N.GC28403 T�Q y /,/ FAX ( (910)343-80021 DCM WILMINGTON, NC ge 4 (/ape FAX: (910)343-99410 TYPICAL PIER SECTIONDet. >f 2oz0 FIRM CERTIFICATE c-0597 NOT TO SCALE \ 15366 J DocuSign Envelope ID:668FC1AD-5C85-4BB0-B898-F45C9A500B9B OFFER TO PURCHASE AND CONTRACT-VACANT LOT/LAND [Consult"Guidelines"(Form 12G)for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract—New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum(Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms(together the"Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": Koch Measurement Devices Inc William K. Oden, III, Jan G. Oden (b) "Buyer": Lisa Holmes,Mark Holmes (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured(Mobile)Home provision in the Additional Provisions Addendum(Standard Form 2A11-T)with this offer. Street Address: 1523 Kings Landing Rd City: Hampstead Zip:28443-8346 County:Pender ,North Carolina NOTE:Governmental authority over taxes,zoning,school districts,utilities and mail delivery may differ from address shown. Legal Description:(Complete ALL applicable) Plat Reference:Lot/Unit 17 ,Block/Section n/a ,Subdivision/Condominium ,as shown on Plat Book/Slide 4 at Page(s) 63 The PIN/PID or other identification number of the Property is: PID:4202-58-1534-0000 Other description: Legal: L17,PB 4/63 SIDBURY ACRES Some or all of the Property may be described in Deed Book 2892 at Page 97 (d) "Purchase Price": $ 415,000.00 paid in U.S.Dollars upon the following terms: $ 1,000.00 BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. $ 5,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f)by ❑cash X personal check official bank check wire . transfer, electronic transfer,EITHER with this offer OR within five(5)days of the Effective Date of this Contract. $ BY(ADDITIONAL)EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m.on TIME BEING OF THE ESSENCE $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum(Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). $ 409,000.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). Page 1 of 12 This form jointly approved by: STANDARD FORM 12-T I I North Carolina Bar Association A Revised 7/2020 REALTOR*North Carolina Asso t'i n of REALTORS® r Ps ors ,-DSOPPORRIMITV 0 7/2020 Buyer initials ilAk Al Seller initials Coastal Ruth)Assocutas,17117 Hwy 17 N.,Hempstead NC 26443 Phone:(704)576-0428 Fax (704)696-0114 Lisa and Mark Matthew Sawyer Produced with zipForme by zipLoguc 18070 Fifteen Mile Road,Fraser.Michigan 48026 www zioLtxaix Coln DocuSign Envelope ID:668FC1AD-5C85-4BBO-B898-F45C9A500B9B Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates,or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one(1)banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit":The Initial Earnest Money Deposit,the Additional Earnest Money Deposit and any other earnest monies paid or regtired to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing,at which time it will be credited to Buyer,or until this Contract is otherwise terminated. In the event: (1)this offer is not accepted;or(2)a condition of any resulting contract is not satisfied,then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In tl-e event of breach of this Contract by Buyer,the Earnest Money Deposit shall be paid to Seller.The payment of the Earnest Money Deposit to Seller and the retention of any Due Diligence Fee by Seller(without regard to their respective amounts, including zero)together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(d) and 4(e) for damage to the Property. It is acknowledged by the parties that the amount of the Liquidated Damages is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Buyer. The payment to Seller and/or retention by Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss,both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent'(insert name): Hutchins Law Firm Chris Huff Buyer and Seller consent to disclosure by the Escrow Agent of any material facts pertaining to the Earnest Money Deposit to the parties to this transaction,their real estate agent(s)and Buyer's lender(s). NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate boker (`Broker") is required by state law (and Escrow Agent, if not a Broker. hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to-ts disposition or until disbursement is ordered by a court of competent jurisdiction.Alternatively,if a Broker or an attorney licensed to practice law in North Carolina("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (I) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and(2)such signing or initialing is communicated to the party making the offer or counteroffer,as the case may be.The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page,and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not ne:essarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion,will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any,paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller,or if this Contract is terminated under Paragraph 6(n)or as otherwise provided in any addendum hereto.Buyer and Se.ler each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. Page 2 of 12 pus �� STANDARD FORM 12-T MI,tbb Revised 7/2020 Buyer initials tea` Seller initia s ®7/2020 with zipForm®by zipLog' Mlb ft'-'... -- Michigan 48026 www zioLootx corn Lisa sad Mark DocuSign Envelope ID:668FC1AD-5C85-4BBO-B898-F45C9A500B9B (j) ''Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on September 15,2020 TIME BEING OF THE ESSENCE. (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents,and the closing attomey's receipt of all funds necessary to complete such transaction. (I) "Settlement Date": The parties agree that Settlement will take place on September 25,2020 (the"Settlement Date"),unless otherwise agreed in writing,at a time and place designated by Buyer. NOTE: See paragraph 12,DELAY IN SETTLEMENT/CLOSING for conditions under which Settlement may be delayed. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (I) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attomey's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement.Upon Closing,the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens,encumbrances or other title defects,or if the closing attorney is not authorized to disburse all necessary funds,then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 9(Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non-attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORS® that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues),either of which may be a lien against the Property.A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 5(b), and Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a)and 6(k). 2. BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period,Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (a) Loan:Buyer,at Buyer's expense,shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan.Therefore,Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. Page 3 of 12 Ds STANDARD FORM 12-T —DS �.,�L�, Revised 7/2020 Buyer initials Seller initi 0 7/2020 P with zipForma by zipLogi chigan 48026 www.nDLogix.c rn Lisa and Mark DocuSign Envelope ID:668FC1AD-5C85-4BBO-B898-F45C9A500B9B (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination,law,rule or regulation that may prohibit,restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s)to determine: (1)the condition of an existing sewage system,(2) the costs and expenses to install a sewage system approved by an existing Improvement Permit,(3)the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii)Water:Any applicable investigation(s)to determine:(1)the condition of an existing private drinking water well,(2)the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or(4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners'association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2A 12-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners'association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals:An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks,property boundaries and other issues which may or may not constitute title defects. (vii)Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services,storm water management,and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property,including:(1)whether any street(s)/road(s)are public or private,(2)whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute,consult a NC real estate attorney. (xi) Sale/Lease of Existing Property: As noted in paragraph 3(b), this Contract is not conditioned upon the sale/lease or closing of other property owned by Buyer. Therefore, if Buyer must sell or lease other real property in order to qualify for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing on Buyer's other property will take place prior to the Settlement Date of this Contract. (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property.This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss,damage,claims,suits or costs,which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. Page 4 of 12 Ds STANDARD FORM 12-T DS DS �A� Revised 7/2020 Buyer initials 14\ Seller initi s 03 ©7/2020 P with zipForm®by zpLogt Mich,gan 48026 Yew/.zIOLOQIX COB Lisa and Mark ' Docu'Sign Envelope ID:668FC1AD-5C85-4BBO-B898-F45C9A500B9B ' (e) 'Buyer's Right to Terminate:Buyer shall have the right to terminate this Contract for any reason or no reason,by delivering to Seller written notice of termination (the "Termination Notice")during the Due Diligence Period(or any agreed-upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan:Buyer 0 does C does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan,Buyer intends to obtain a loan as follows: 0 Conventional Other: loan at a [Fixed Rate 0 Adjustable Rate in the principal amount of for a term of year(s), at an initial interest rate not to exceed %per annum(the"Loan"). NOTE:Buyer's obligation under this Contract are not conditioned upon obtaining or closing any loan. NOTE: If Buyer does not intend to obtain a new loan,Seller is advised,prior to signing this offer,to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property:Buyer [DOES [DOES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase.(Complete the following only if Buyer DOES have to sell or lease other real property:) Other Property Address: [(Check if applicable)Buyer's other property IS under contract as of the date of this offer,and a copy of the contract has either been previously provided to Seller or accompanies this offer. (Buyer may mark out any confidential information, such as the purchase price and the buyer's identity, prior to providing a copy of the contract to Seller.) Failure to provide a copy of the contract shall not prevent this offer from becoming a binding contract;however, SELLER IS STRONGLY ENCOURAGED TO OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING THIS OFFER. [(Check if applicable)Buyer's other property IS NOT under contract as of the date of this offer.Buyer's property(check only ONE of the following options): ®is listed with and actively marketed by a licensed real estate broker. —will be listed with and actively marketed by a licensed real estate broker. _Buyer is attempting to sell/lease the Buyer's Property without the assistance of a licensed real estate broker. NOTE: This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property. If the parties agree to make this Contract conditioned on a sale/lease or closing of Buyer's other property, an appropriate contingency addendum should be drafted by a North Carolina real estate attorney and added to this Contract. (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract,except as maybe specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments:Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i)any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners'association for providing information required by Buyer's lender; (ii)charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property,including,without limitation,working capital contributions,membership fees,or charges for Buyer's use of the common elements and/or services provided to Buyer,such as"move-in fees"; (iii)determining restrictive covenant compliance; (iv)appraisal; (v)title search; (vi)title insurance; (vii)any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii)recording the deed;and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. Page 5 of 12 STANDARD FORM 12-T •,L °S DS �� Revised 7/2020 Buyer initials 1-O Seller initia s aakt ©7/2020 P with zipForme by zipLogi ichigan 48026 b2OLZOLCSIASSIM Lisa and Mark DocuSign Envelope ID:668FC1AD-5C85-4BBO-B898-F45C9A500B9B (c).Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s),the parties'real estate agent(s)and closing attorney:(1)to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s);and(2)to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction,their real estate agent(s)and Buyer's lender(s). 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: X has owned the Property for at least one year. - has owned the Property for less than one year. - does not yet own the Property. (b) Assessments:To the best of Seller's knowledge there are X are not any Proposed Special Assessments. If any Proposed Special Assessments,identify: none: If any seller to pay . Seller warrants that there [are [are not any Confirmed Special Assessments.If any Confirmed Special Assessments, identify: None: If any seller to pay . NOTE: Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a)and 6(k). (c) Owners'Association(s)and Dues:To best of Seller's knowledge,ownership of the Property [subjects XD does not subject Buyer to regulation by one or more owners'association(s)and governing documents,which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association,then an Owners'Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement(Standard Form 2A I 2-T)shall be completed by Seller,at Seller's expense,and must be attached as an addendum to this Contract. (d) Sewage System Permit: (Applicable X]Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit:( [Applicable ['Not Applicable)Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July1,2008,attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title,Payoff Statement(s)and Non Foreign Status: (i)Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title,surveys,covenants,deeds,notes and deeds of trust,leases,and easements relating to the Property. (ii)Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short-pay statements from any such lender(s). (iii)If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act,Seller shall also provide to the closing attorney a non-foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non-foreign status affidavit, Seller acknowledges that there maybe withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose 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 and attorneys,and(3)the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction,their real estate agent(s)and Buyer's lender(s). (c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii)verify the satisfactory completion of negotiated repairs/improvements, and (iii)conduct a final walk-through inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost including any connections and dewinterizing. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. Page 6 of 12 os cos cos STANDARD FORM 12-T �A� Revised 7/2020 Buyer initials !ma � Seller initia s ®7/2020 P d w8h zipForme by zipLogi .1, A-J-P,,.,..—Michigan 48026 www ziILoax corn Lisa and Marls DocuSign Envelope ID:668FC1AD-5C85-4BBO-B898-F45C9A500B9B NOTE: See WARNING in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. d) Removal of Seller's Property: Seller shall remove from the Property, by the date possession is delivered, (i) all personal property which is not a part of the purchase and(ii)unless otherwise agreed,all garbage and debris. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s)and Buyer's title insurer against all loss from any cause or claim arising there from. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent.All deeds of trust,deferred ad valorem taxes, liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title,Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement,which shall convey fee simple marketable and insurable title,without exception for mechanics'liens, and free of any other liens,encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing.The Property must have legal access to a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A 14-T)as an addendum to this Contract. (h) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law.The deed is to be made to: Lisa Holmes,Mark Holmes (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement$ n/a toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay. (j) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account payment information on owners'association dues or assessments for payment or proration;(ii)any fees imposed by an owners'association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract other than those fees required to be paid by Buyer under paragraph 4(b) above; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined or estimated.The payment of such estimated amount shall be the final payment between the Parties. (1) Late Listing Penalties: All property tax late listing penalties,if any,shall be paid by Seller. (m)Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T): If applicable,Seller shall provide the completed Owners'Association Disclosure and Condominium Resale Statement Addendum to Buyer on or before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract,and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If Page 7 of 12 STANDARD FORM 12-T DS DS DS Revised 7/2020 Buyer initials(V ' Pr Seller initia ©7/2020 Produced with zipForm®by zipLogix .Michigan 48026 www zioLoaix corn Lisa and Mark DocuSign Envelope ID:668FC1AD-5C85-4BBO-B898-F45C9A500B9B legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence,the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise agreed,the following items shall be prorated,with Seller responsible for the prorated amounts through the date of Settlement,and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents:Rents,if any,for the Property; (c) Dues:Owners'association regular assessments(dues)and other like charges. 8. RISK OF LOSS/CONDITION OF PROPERTY AT CLOSING: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and tear excepted. if the Property is not in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and tear excepted,Buyer may terminate this Contract by written notice delivered to Seller and the Earnest Money Deposit shall be refunded to Buyer.If the Property is not in such condition and Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property,the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. 9. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto,if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date("Non-Delaying Party")then the Delaying Party shall give as much notice as possible to the Non-Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non- Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 10. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes, including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph 1(m). No alterations,excavations,tree or vegetation removal or other such activities may be done before possession is delivered. 11. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO.ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY,AND ATTACH HERETO. - Additional Provisions Addendum(Form 2A 11-T) ❑ Owners' Association Disclosure And Addendum For Additional Signatures Addendum(Form 3-T) Properties Exempt from Residential Property Disclosure — Back-Up Contract Addendum(Form 2A 1-T) Statement(Form 2A 12-T) - Loan Assumption Addendum(Form 2A6-T) d Seller Financing Addendum(Form 2A5-T) — Short Sale Addendum(Form 2AI4-T) - Identify other attorney or party drafted addenda: — NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 12. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax-deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 13. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided,however,that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Buyer and Seller shall execute such additional Page 8 of 12 STANDARD FORM 12-T DS DS c—DS Revised 7/2020 Buyer initials MIA Seller initial V ©7/2020 Pr with zipForm®by zipLogix ichigan 48026 www z:pLoaix CORD Lisa ad Mark DocuSign Envelope ID:668FC1AD-5C85-4BBO-B898-F45C9A500B9B documents,including assignment of this Contract in connection therewith,at no cost to the non-exchanging party,as shall be required to give effect to this provision. 14. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders,as appropriate. 15. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed,kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,kept or performed. 16. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any listing agreement,buyer agency agreement,or any other agency agreement between them. 17. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address,e-mail address or fax number set forth in the "Notice Information"section below. Any notice or communication to be given to a party herein,any fee,deposit of other payment to be delivered to a party herein,may be given to the party or to such party's agent. Delivery of any notice to a party via means of electronic transmission shall be deemed complete at such time as the sender performs the final act to send such transmission, in a form capable of being processed by the receiving party's system,to any electronic address provided for such party in the "Notice Information" section below. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies"sections below shall not constitute a material part of this Contract,and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 18. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 19. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract,the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days,the count of"days"shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made.Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 9 of 12 DS DS DS STANDARD FORM 12-T I'1 Revised 7/2020 Buyer initials WA Seller initia s W C 7/2020 Pr 0 with zipPomie by zipLogiz ,Michigan 48026 ynww.ztoLogix corn Lisa and Mark • DocuSign Envelope ID:668FC1AD-5C85-4BBO-B898-F45C9A500B9B THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS,YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee,deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. 8/3/2020 Date: Date,,,,,,, Igned,,y. Buyer Seller t,, g_ot.iA, (� Hol es William K. oden, III Date: 1 Dat • Doausianadnr. Buyer {, Sel Ma . Holmes 9DA64FCA623B462.Jan Garner Oden Entity Buyer: Entitv S ller Michael Brueheim (Name of LLC/Corporation/Partnership/Trust/etc.) C/Corporati on/Partnersh i p,'Trust/etc.) By: BYLZIlialAgagati wt DE29D4D32380420... Name: Name: Michael Bruheim Print Name President Print Name Title: Title: Date: Date: 8/3/2020 WIRE FRAUD WARNING TO BUYERS:BEFORE SENDING ANY WIRE,YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER,THEY SHOULD BE PRESUMED FRAUDULENT.DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY.IF YOU ARE UNABLE TO ATTEND CLOSING,YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE,YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 10 of 12 STANDARD FORM 12-T Revised 7/2020 7/2020 Produced with zipFormS by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 wwv.-ziDLodix corn Lisa and Mark DocuSign Envelope ID.668FC1AD-5C85-4BBO-B898-F45C9A500B9B NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: Mailing Address: 408 Market Street wiTrnington, NC 28401 Buyer Fax#: Seller Fax#: wkoden3@gmai1.com Buyer E-mail: Seller E-mail: oliver@carte ran dcarter1 aw.com CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name:Coastal Realty Associates Listing Firm Name:Intracoastal Realty Corp Acting as❑Buyer's Agent❑Seller's(sub)Agent❑Dual Agent Acting as[Seller's Agent❑Dual Agent Firm License#: Firm License#:C2062 Mailing Address: 17117 Hwy 17 N.,,Hampstead,NC 28443 Mailing Address: Individual Selling Agent: Matthew Sawyer Individual Listing Agent: Kirstin Behn [Acting as a Designated Dual Agent(check only if applicable) [Acting as a Designated Dual Agent(check only if applicable) Selling Agent License#: 282513 Listing Agent License#:287415 Selling Agent Phone#:(704)576-0428 Listing Agent Phone#:(910)256-4503 Selling Agent Fax#:(704)696-0114 Listing Agent Fax#: Selling Agent E-mail: msawyer.realestate@gmail.com Listing Agent E-mail: kbehn@intracoastalrealty.com [THIS SPACE INTENTIONALLY LEFT BLANK] Page 11 of 12 os Ds Ds STANDARD FORM 12-T `,,( / Revised 7/2020 Buyer initials m�Pra,` �'S Seller initia (q ®7/2020 lava with zipcom.by zipLogix ichigan 48026 wwwz=Looix.corn Lisa and Mark IJV1.4.11JIy11 LI IVGIVF/G I la.JVJr1JGIJJ-VUVI11 I I V-IJVJL-GJI I JI JI JJJI.J I AGREEMENT TO AMEND CONTRACT WARNING: ALL PARTIES, INCLUDING ANY LENDER AND SETTLEMENT AGENT, MUST BE PROVIDED A COPY OF THIS AGREEMENT Lisa Holmes,Mark Holmes , as Buyer, and Koch Measurement Devices Inc , as Seller, have entered into a contract on the Offer to Purchase and Contract(form 2-T)or the Offer to Purchase and Contract-Vacant Lot/Land (form 12-T)("Contract")regarding the purchase and sale of the following property(insert property address): 1523 Kings Landing Rd,Hampstead,NC 28443-8346 ("Property"). Buyer and Seller hereby agree to amend the Contract as set forth below!check applicable box(es)/: - Purchase Price. The Purchase Price is hereby changed from: $ to: $ . - (Additional)Earnest Money. The(Additional)Earnest Money Deposit is hereby changed from: $ to: $ O (Additional) Earnest Money Deposit Date: The date by which the (Additional)Earnest Money Deposit shall be paid to Escrow Agent is hereby changed to extend through 5:00 p.m.on: ❑ Building Deposit.The Building Deposit is hereby changed from:$ to:$ DI Due Diligence Fee. The Due Diligence Fee paid to Seller is hereby changed from: $ to:$ QX Due Diligence Period. The expiration date of the Due Diligence Period is hereby changed to extend through 5:00 p.m. on October 16,2020 , TIME BEING OF THE ESSENCE. O Escrow Agent. The Escrow Agent is hereby changed to: NOTE:Use the ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF EARNEST MONEY DEPOSIT X❑ Settlement Date. The Settlement Date is hereby changed to: October 16,2020 . 111 (check only if the following also will apply) Notwithstanding anything to the contrary in the Delay in Settlement/Closing paragraph in the Contract, if a Delaying Party fails to complete Settlement and Closing within four (4) days following the Settlement Date above, the Delaying Party shall be in breach and the Non-Delaying Party may terminate the Contract in accordance with the Delay in Settlement/Closing paragraph. 0 Expenses. The amount Seller shall pay at Settlement toward Buyer's expenses associated with the purchase of the Property is hereby changed from: $ to: $ All terms and conditions of the Contract not specifically amended herein shall remain in full force and effect. Page 1 of 2 I This form jointly approved by: A FORM 4-T North Carolina Bar Association Revised 7/2018 REALTOR. North Car ' ss ' n o EALTO In os os,¢, OPPORTUNITY ©7/2020 Buyer initia s er initia s 9 M'1/ Coastal Realty Associates,17117 Hwy 17 N.,Hampstead NC 28443 Phone:(704)576-0428 Fax (704)696-0114 Lisa and Mark Matthew Sawyer Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zioLoaix.corn uVuuJS II LI I VGIU 1JG Iu. JUJI'lJL UJ-VLJUfl t I I u-uVJL-LJI I J/JI JJJIJ THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. —DocuSgned by: DocuSgned by:I Iti. Date 9/12/2020 r G � Date9/15/2020 I 1:3 Buye~: ()Si*. ii-d tt,S Sel • cyan G Oden `4.ixactjatur cF... —DocuSgned by: \\'X\/ 9/12/2020 1I1 9/15/2020 I 3:. Buye-:� Date Se e1I' lu.lAwt � ��1 Ill Date oden, III Entity Buyer: Entity Seller: Koch Measurement Devices, Inc (Name of LLC/Corporation/Partnership/Trust/etc.) (Name of LLC/Corporation/Partnership/Trust/etc.) Doausigned by: By: B :k dkatt bYtatiitt DE28M�Dtc iae i Bruehei m Name: Name: Title: Title: Presi dent Date: Date: 9/16/2020 3:00 AM EDT Page 2 of 2 FORM 4-T Revised 7/2018 C 7/2020 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zioLoaix.com Lisa and Mark STATE OF NORTH CAROLINA COUNTY OF FENDER AGREEMENT THIS AGREEMENT (`'Agreement") is made and entered into this day of March, 2007, by and between Kenneth W. Armke, II ("Armke") and William K. Oden, III ("Oden"), both North Carolina residents, and Calhoun Investments I_LC, a/k/a Calhoun Investments, Inc., a North Carolina limited liability company,on behalf of itself and its heirs, successors, and assigns ("Calhoun Investments"),and Muriel K Calhoun("Mrs Calhoun"), a North Carolina resident. RECITALS: WHEREAS, by General Warranty Deed filed and recorded February 21, 2006 at Book 2892, Page 097 of the Fender County, North Carolina Register of Deeds, Calhoun Investments conveyed to Armke and Oden that certain real property described as Lot 17, Sidbury Acres in Topsail Township, Pendcr County, North Carolina, as shown on a map by W R Gooding, Registered Surveyor, on the 16th day of June, 1953, and duly recorded in the Registry of Pender County in Map Book 4 at Page 63 (the "Property"); and WHEREAS, Calhoun Investments currently owns Lot 16 of Sidbury Acres. adjacent to the Property on the north side; and WHEREAS, Mrs. Calhoun is a member of Calhoun Investments; and WHEREAS. while Calhoun Investments owned the Property, and before Calhoun Investments conveyed the Property to Armke and Oden, Mrs Calhoun, on behalf of Calhoun Investments, executed a North Carolina Division of Coastal Management Adjacent Riparian Property Owner Notification/Waiver Form for the benefit of the owner of lot 18, agreeing to waive a 15-foot setback between the Property's area of riparian access and the dock to be constructed on Lot 18 ("Lot 18 Setback Waiver Document"); and WHEREAS, Calhoun Investments failed to disclose its execution of the l.ot 18 Setback Waiver Document to Armke or Oden; and WHERFAS, the ability to construct a sizeable dock with maximum riparian access was material to Armke and Oden's decision to purchase the Property; and WHEREAS, Armke and Oden have determined after consultation with the Department of Environment and Natural Resources that they can construct a dock if Calhoun Investments, as the owner of Lot 16,will waive the 15-foot setback between Lot 16's riparian access and any dock to be constructed on the Property, whether by Armke and Oden or their successors in interest; and WHEREAS.the parties to this Agreement have agreed to settle all disputes between them on the terms set forth herein. NOW, THEREFORE, in consideration of the agreements and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties enter into this Agreement, as follows 1. Obligations of Calhoun Investments: Whenever requested by Armke, Oden, or Armke and Oden's successors or assigns. Calhoun Investments and, if requested, Calhoun Investments' successors and assigns, shall (1) execute a North Carolina Department of Natural 2 A Resources Division of Coastal Management Adjacent Riparian Property Owner Notification/Waiver Form for the benefit of the owners of the Property, agreeing to waive the 15- foot setback between the Property's area of riparian access and any dock Armke and Oden, or Armke and Oden's successors or assigns, propose to construct. (2) refrain from lodging any objection to the request of the owner of the Property to construct a dock; and (3) take any other action necessary to waive any setback they, as the owners of Lot 16. might otherwise be entitled to claim pursuant to statute, regulation, ordinance, or other lavk. 2. Armke and Oden's Obligation: Except as necessary to enforce the terms of this Agreement, Armke and Oden covenant and agree not to commence any legal or equitable proceeding against Calhoun Investments and Mrs. Calhoun related to the sale of the Property. 3. No Admission of Liability: Neither the execution of this Agreement nor the performance of any obligation hereunder is to be construed as an admission of liability, the same being expressly denied. 4. Costs; Other Documents Necessary to Settlement. The parties agree that they will bear their own costs. attorney's fees, disbursements and expenses of any kind and agree to execute any other documents necessary to effectuate the terms of this Agreement. 5. Amendments: It is expressly understood and agreed that this Agreement may be amended only by a writing signed by each of the parties. 6. Recordation: The parties agree that Armke and Oden may file and record this Agreement with the Pender County Register of Deeds. 7 Choice of Law: This Agreement shall be governed by and interpreted in accordance with the laws of North Carolina. • 8. Choice of Forum; Enforcement: The appropriate forum for resolving disputes arising hereunder shall be, and is, the Superior Court for fender County, North Carolina. lite parties and their heirs, successors, and assigns may exercise any remedy available at law or equity in the event of a breach or repudiation of any obligation arising under this Agreement. 9. Severability: If any paragraph of this Agreement is found void or unenforceable, the remainder shall not be affected by such a finding 10. Volitional Act: By signing this Agreement, the parties acknowledge they have done so voluntarily, having had opportunity to consult with the counsel of their choice as to its contents. 11. Authority; Binding Effect: Persons signing this Agreement in their representative capacities represent that they have authority to bind the entities they purport to represent to the terms of this Agreement. The Agreement shall be binding upon the parties and their heirs, successors, and assigns. 12. Captions: The captions used herein are for the convenience of the parties and are of no legal effect. [NEXT PAGE IS SIGNATURE PAGE] . IN WITNESS WHEREOF, the parties ye e cuted this Agreement as of the day and year first hereinabove set forth. Kenneth W. A ke, II fz.-'(SEAL) William K Oden, HI CALIIOUN I:�VESTMEN'I'S, By: Its Manager ()IA A A'it,kil^ — (SEAL) Muriel K. Calhoun STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER --� L , a Notary Public in and for the State and County aforesaid, do certill, that Kenneth W. Armke, II and William K. Oden, III personal] appeared before me this day and acknowledged the due execution of the foregoing instrument. y WITNESS my hand and official seal this 1 La day of March, 2007. ``���,MNwrryy4 Notary Public_y 6 My Commission Expires. 'Dk • 4,••+ .• •••r;+1+c.,Q.+f.0 t �l G` STATE OF NOR'1'Ui CAROLINA COUNTY OF PENDER 1, t_ , a Notary Public in and for the State and County aforesaid, d • rtify that nays ( .)d1 , one of the managers of Calhoun Investments, LLC, a/k/a Calhoun Investments, Inc., personally appeared before me this day and acknowledged the due execution of the foregoing instrument. • Witness my hand and official seal this is �`__day of March, 2007. licUt • \__ otary Public My commission expires: JM N LYNN C11i01 `bteaimbtn M sowPonder County Made of North Carolina My Commission Expires Dec 14. 2011 STATE OF NORTH CAROLINA COUNTY OF Ntw ton,ve_r 1, T7ti -vie4 L piI h fl1ymhtt`t,K a Notary Public in and for the State and County aforesaid, do certify that Muriel K. Calhoun personally appeared before me this dayand acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this 5i9k day of March, 2007 --� Lary blic� My Commission Expires: MONEY IRO DIMMCK Nccvh rO1 (20a NotarY Public Now Hanover Cour* Solo of North Carolina My Commission Expires Nov 1,2010 RECEIVED October 7, 2020 OCT 0 9 2020 DCM WILMINGTON, NC Christopher Gaddy 1521 Kings Landing Rd Hampstead NC 28443 910-538-2893 E: Gaddy0906@hotmail.com u‘ity joti Jason Dail (1/13xtpk.' 127 Cardinal Drive Ext. Wilmington NC 28405-3845 �' Nf✓ E: Jason.Dail@ncdenr.gov Dear Mr. Dail, I, Christopher Gaddy, do not wish to waive the 15' setback requirement at 1521 Kings Landing Rd. I do have objections to this proposal. I plan on having another boat at my floating dock, and I will need the 15' between my Riparian Line to have room to access. Attached is the Division of Coastal Management Adjacent Riparian Property Owner Notification/Waiver Form stating such. Thank you, Chris Gaddy CERTIFIED MAIL • RETURN RECEIPT REQUESTED RECEIVED DIVISION OF COASTAL MANAGEMENT O C T 0 9 2020 ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM DCM WILMINGTON, NC Name of Property Owner: Mark Holmes, Lisa Holmes Address of Property: 1 523 Kings Landing Rd. Hampstead, NC 28443 (Lot or Street#, Street or Road, City& County) Agent's Name#: Matthew Sawyer Mailing Address: 17117 HWY N Agent's phone#: 704-576 0428 Hampstead, NC 28443 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 are proposing. A description or drawing, with dimensions, must be provided with this letter. I have no objections to this proposal. �'I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastalmana_gement.net/web/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back 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 15' setback requirement. e.6-7• I do not wish to waive the 15' setback requirement. (P r perty Owne\Illiformation) (Riparian Property Owner Information) - --\---e._,I--- : ly_________----'- - --a...4.774) oet..."),/ SignOure Signature '&rK HO 1/14 e 5 611"; fafl,4- 6ualJy Print or Type Name Print or Type Name 7 ( ? 7 ti w jr 17 /1/ SLI 6;--4 Lanet,i 0 Mailing Address Mailing Address li cu 1P )-- r , /(J' 2- ' `1 1iGnP5 � A/� ill,?'5 City/State/Zip City/State/Zip /o-5-5Y-asr5 3 C rovaeehW-;, 7 75 717 - 6 4f'5 A-+i b.,5 Iv)ins 6Q-9,,lvl Telephone Number/Email Address Telephone Number/Email Address ib72/1;72,c, /a 5—/000 Date Date (Revised Aug. 2014) c) Z CI -- z W •:'., Le1..1L� t \ RIPARIAN SURVEY/PIER PLAN W C Z / /LOCATION MAP Srdbury Acres - Lot 17 o ,_ 2 (NOT TO SCALE) Topsail Township, Pender County W U North Carolina - - �j I Reference: Book 4263 Page 116 I Mop Book 4 Page 63 Date: Sept. 28, 2020 I U GEORGE PEAY Ia e.�u..w I 1509 KINGS LANDING 1 SITE C 1 BK 731 PG 76 �p� / CD /4S. I L t1 w O ok '(I '- I `"zI I A.I.W.W. RIGHT OF WAY I \�_ ' C./ A. EDWARD LUETH I / 1521 KINGS LANDING N:228436-53 I ..Z...- \ BK 4844 PG 2614 E:2405280.88 I ' ' c J / N:228814.42\ ---4, GRASS LINE I y4- E:2405085.881 �Q_ CV 1 S 44'31'52"E 154.47' • F NCE S 44'31'52" E 95.08' WA/ER BODY I 870>H 48T I 4 -A- FT — - / �, RIPARIANUNE_ �' / / 63' — — -- I ry, 4:' / / Lot 17 I I� B6 —_ —1 _ / - _ "6'FIXED PIER =-__ '—_ 0 /7, --- BULKHEAD -NORMAL HIGHWATER _--__ �irr I / Y / S 44'31'52' E 171.64' FENCE .5 S •44'31'52" E 71.66' ��- _ �littlftwa� �' Old Mlles to }/ I7q B'FZOAT Olde Point Loop/ NICHOLAS IS C - - - - =`�V�Tf'"-- ADO G Rood Z.// 1541 KINGS LANDING - �� CD '1/.I BK 4703 PG 24 ADJACENT PIER LOCATION TAKEN Cl)1 J RAIL FROM A SURVEY BY ROBERTYDATED APRIL 1I), 2007 U CtIT I C I 1 •„V n DECK JAMES UNCON I 1547 KINGS LANDING �80'SETBACK ,� BK 3763 PG 326 I Q ;111.111=17111K I Ioi 101 I 30' 15' 0 30' MI , I SCALE IN FEET ( 1INCH-30 FEET I BOTTOM VARIES I THIS MAP IS NOT FOR RECORDATION (kHANOVER DESIGN SERVICES, P.A� LAND SURVEYORS ENGINEERS &LAND PLANNERS - 6'MIN. PENETRATION BELOW HARD BOTTOM 1123 FLORAL PARKWAY WILMIPHONE: ( NC. 28403 TYPICAL PIER SECTION FAON(81)FI T e eooz NOT TO SCALE Prelimianry 09/28/20 FIRM CERTIFICATE C-0597 15388 STATE OF NORTH CAROLINA COUNTY OF PFNDER AGREEMENT THIS AGREEMENT (`'Agreement") is made and entered into this _ day of March, 2007, by and between Kenneth W. Armke, II ("Armke") and William K. Oden. III ("Oden"), both North Carolina residents, and Calhoun Investments LLC, a/k/a Calhoun Investments, Inc., a North Carolina limited liability company, on behalf of itself and its heirs, successors, and assigns ("Calhoun Investments"),and Muriel K Calhoun("Mrs Calhoun"), a North Carolina resident. RFCITALS: WHEREAS, by General Warranty Deed filed and recorded February 21, 2006 at Book 2892, Page 097 of the Pender County, North Carolina Register of Deeds, Calhoun Investments conveyed to Armke and Oden that certain real property described as Lot 17, Sidbury Acres in Topsail Township, Pender County, North Carolina, as shown on a map by W R. Gooding, Registered Surveyor, on the 16th day of June, 1953, and duly recorded in the Registry of Pender County in Map Book 4 at Page 63 (the"Property");and WHEREAS, Calhoun Investments currently owns Lot 16 of Sidbury Acres, adjacent to the Property on the north side; and WHEREAS, Mrs. Calhoun is a member of Calhoun Investments; and WHEREAS, while Calhoun Investments owned the Property, and before Calhoun Investments conveyed the Property to Armke and Oden, Mrs Calhoun, on behalf of Calhoun Investments, executed a North Carolina Division of Coastal Management Adjacent Riparian Property Owner Notification/Waiver Form for the benefit of the owner of I.ot 18, agreeing to waive a 15-foot setback between the Property's area of riparian access and the dock to be constructed on Lot 18 ("Lot 18 Setback Waiver Document"); and WHEREAS, Calhoun Investments failed to disclose rts execution of the Lot 18 Setback Waiver Document to Armke or Oden; and WHEREAS, the ability to construct a sizeable dock with maximum riparian access was material to Armke and Oden's decision to purchase the Property;and WHEREAS, Armke and Oden have determined after consultation with the Department of Environment and Natural Resources that they can construct a dock if Calhoun In\cstments, as the owner of Lot 16,will waive the 15-foot setback between Lot 16's riparian access and any dock to be constructed on the Property, whether b Armke and Oden or their successors in interest and WHEREAS. the parties to this Agreement have agreed to settle all disputes between them on the terms set forth herein. NOW, THEREFORE, in consideration of the agreements and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties enter into this Agreement, as follows. 1. Obligations of Calhoun Investments: Whenever requested by Armke, Oden, or Armke and Oden's successors or assigns. Calhoun Investments and, if requested, Calhoun Investments' successors and assigns, shall (1) execute a North Carolina Department of Natural 2 Resources Division of Coastal Management Adjacent Riparian Property Owner Notification/Waiver Form for the benefit of the owners of the Property, agreeing to waive the 15- foot setback between the Property's area of riparian access and any dock Armke and Oden, or Armke and Oden's successors or assigns, propose to construct. (2) refrain from lodging any objection to the request of the owner of the Property to construct a dock: and (3) take any other action necessary to waive any setback they, as the owners of Lot 16. might otherwise be entitled to claun pursuant to statute, regulation, ordinance, or other la.%. 2. Armke and Oden's Obligation: Except as necessary to enforce the terms of this Agreement, Armke and Oden covenant and agree not to commence any legal or equitable proceeding against Calhoun Investments and Mrs. Calhoun related to the sale of the Property. 3. No Admission of Liability: Neither the execution of this Agreement nor the performance of any obligation hereunder is to be construed as an admission of liability, the same being expressly denied. 4. Costs; Other Documents Necessary to Settlement. The parties agree that they will bear their own costs, attorney's fees, disbursements and expenses of any kind and agree to execute any other documents necessary to effectuate the terms of this Agreement. 5. Amendments: It is expressly understood and agreed that this Agreement may be amended only by a writing signed by each of the parties. 6. Recordation: The parties agree that Armke and Oden may file and record this Agreement with the Pender County Register of Deeds. 7 Choice of Law: This Agreement shall be governed by and interpreted in accordance with the laws of North Carolina. 8. Choice of Forum. Enforcement: The appropriate forum for resolving disputes arising hereunder shall be, and is, the Superior Court for Pender County, North Carolina. the parties and their heirs, successors, and assigns may exercise any remedy available at law or equity in the event of a breach or repudiation of any obligation arising under this Agreement. 9. Severability: if any paragraph of this Agreement is found void or unenforceable, the remainder shall not be affected by such a finding 10. VolitionaI Act: By signing this Agreement, the parties acknowledge they have done so voluntarily, having had opportunity to consult with the counsel of their choice as to its contents. 11. Authority Binding Effect: Persons signing this Agreement in their representative capacities represent that they have authority to bind the entities they purport to represent to the terms of this Agreement. The Agreement shall be binding upon the parties and their heirs, successors, and assigns. 12. Captions: The captions used herein are for the convenience of the parties and are of no legal effect. [NEXT PAGE IS SIGNATURE PAGE] IN WITNFSS WHEREOF, the parties ve e cuted this Agreement as of the day and year first hereinabove set forth. Yta.-----7STAL) Kenneth W. A mke, Il / /, lz' 62-- / ; : '' -----(SEAL) William K Oden, HI CALHOUN INVESTMENTS, LLC r By: : i • L •!1,F L , Its Manager ti , I ., /1-a ' (A_t'it ,‘^ — (SEAL) Muriel K. Calhoun STATE OF NORTH CAROLNA COUNTY OF NEW HANOVER J L - t._ t . `J"� , a Notary Public in and for the State and County aforesaid, do eern that Kenneth W. Armke, II and William K. Oden, III personally appeared before me this day and acknowledged the due execution of the foregoing Instrument. . WITNESS my hand and official seal this 1 La` Uday of March, 2007. _f___ ___ 054„K,•it.., Notary Public -4f. tt .8.°/f/A:�'"•% „ - \1..`CQ- . {-Jo,"eS%. My Commission Expires. : „.,"' ".„oi. -_-)." ---•.,. , \--i t)I 2- ; i: v*()-11:4.: /''. 1:- ] ,'',.i, V E? � AI O ,`,, • STATE OF NORTI I CAROLINA COUNTY OF PENDER cct's-__17).\. a Notary. Public in and for the State and County aforesaid, d rtify that kt-xflp V G1\3.1)f\ , one of the managers of Calhoun Investments, LLC, a/k/a Calhoun Investments, Inc., personally appeared before me this day and acknom ledged the due execution of the foregoing instrument. • Witness my hand and official seal this is QI____day of March, 2007. � w lin • 5,,, ...,...„\- otary Public My commission expires: `�1 kUISC�1sl � 1 80� ryr,rl Public Pendor Courtly Etote of North Carolina My Commi$tion Expires Doc 14. 2011 STATE OF NORTH CAROLINA COUNTY OF n. ;T -ter w -kot.nave v I, 12xiVyle4 1. vi YL 1.11YY1Y1 c C.K a Notary Public in and for the State and County aforesaid, do certify that Muriel K. Calhoun personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this 5 day of March,2007 taty bile My Commission Expires: BRfiNEV WN .dam=-=........ala..�e,,.p g& . p i Slate of Nodh Carolina My Commission t ONN Nov 1,2010 DocuSign Envelope ID:0AD66375-88D4-4E35-838A-D6E1AD505972 f r • . ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Mark and Lisa Holmes S (Name of Property Owner) 1523 Kings Landing Rd. Hampstead, NC 28443 property located at (Address, Lot, Block, Road, etc.) on Atlantic Intracoastal Waterway in Pender County N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above locatioA._ �S I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Installing a wooden dock with a boat lift, floating, dock and an observatory area. RECEIVED OCT 1 6 2020 DCM WILMINGTON, NC WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back 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 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Ad'ace t Property Owner Information) DocuSigned by: kale A-6611_t .Si nrtfiReieC528WFF41F... Signature* !� Mark Holmes Print or Type Name Print or Type Name 17117 HWY 17 N Mailing Address Mailing Address Hampstead, NC 28443 City/State/Zip City/State/Zip 757-717-0445 Telephone Numbercc/oe474 85lgress Telephone Number/email address 111,00694.10,80 1)1 Date Dale* (Revised Aug. 2014) *Valid for one calendar year after signature* Check Date Received Date Deposited Check From(Name) Name of Permit Holder Wndor Cheek Number amount Permit Numberr/Commonta Receipt or Rafund/Realloeated Column! Column2 Column3 Column/ Columns Cabmn6 Column? Column8 Column9 10/23/2020 Timothy Powell same _First Bank _ 9205 $400.00 GP#77869d bb RTC.12494 10/23/2020 AMW Docks and Marine Constructior.Chris Zuleba BB&T _- 6027 $200.00 GP#77650D BB rct.12491 10/23/2020 H5 Construction,LLC same BB&T 2443 $200.00 GP#77649D BBB rct.12489 10/23/2020 Gilmore Dean Harris same Capital Bank 1825 $200.00 GP#77848D BB rct.12496 10/23/2020 Olin J Furr same FCB 8756 $200.00 GP#76489D PA rct 11552 10/23/2020, RG Marine Contracting/Ronnie Georg,Joe Starks Bank of America 1059 $200.00 GP#77839D PA rct 11553 10/23/2020' Masonboro Landing Homeowners same BB&T 444 $400.00 GP#77660 PA rct.10275 10/23/2020 Maritech,LLC Middle Point at Sloop Point HC Bank of America 2428 $400.00 GP#77667D JD rct 11761 10/23/2020 Jerry Ennett Scott Dunn Coastal Bank and Trust 3399 $200.00 GP#77670D JD rct.11762 10/23/2020 Delta Dock and Boatlift Ed Pietrolaj FCB 8989 $200.00 GP#77689D JD rct.11763 10/23/2020 Sawyer Real Estate LLC Mark and Lisa Holmes Wells Fargo 8785 $200.00 GP#77666D JD rct 11765