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HomeMy WebLinkAboutTBEX_16-02_ Phillips (2)I✓F PAT MCCRORY \Kl Gvrernor DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL QUALITY January 27, 2016 Exemption Number —TBEX16-02 Nicklaus and Sophia Phillips PO Box 2078 Surf City, NC 28445 Swelar BRAXTON DAVIS RE: EXEMPTED PROJECT (MINOR) EXEMPTION Maintenance and Repair/Replacement - (15A NCAC 7K .0209 and 7J .0210) — Exemption# TBEX16-02 459 N. Anderson Blvd., Topsail Beach, NC AREA OF ENVIRONMENTAL CONCERN — Ocean Hazard AEC Dear Mr. and Mrs. Phillips: I have reviewed the information submitted to this office in your inquiry concerning the necessary filing of an application for a minor development permit under the Coastal Area Management Act. Based on the information provided, I have determined that the activity you propose is exempt from needing a minor development permit as long as it remains consistent with your survey's detailed description dated received by the NC Division of Coastal Management on January 21, 2016, and meets the conditions specified below. If your plans should change and your project will no longer meet these conditions, you must contact me before proceeding. MAINTENANCE AND REPAIR Structures may be repaired in a similar manner, size and location as the original structure. No expansions or additions are permissible. The repairs are limited to 50% of the physical value of the existing structure and the following specific conditions. 1. This exemption specifically authorizes the re -placement of pilings (dwelling support/foundation pilings) at the subject location. Any additional development, including girder and joist replacement, is not authorized under this exemption. In addition, this exemption allows for the conversion of habitable living space on the ground level to un-conditioned storage and parking space. Also, the concrete retaining wall currently located within the 60' ocean front setback may remain in place, but shall not be expanded or enlarged. No other exterior development shall occur with prior consent from the NC Division of Coastal Management. 2. The existing dwelling shall not be re -located or mover laterally, beyond it's current footprint. Specifically, the dwelling shall not be moved any closer to the ocean, toward the First Line of Stable Natural Vegetation (FLSNV). 3. Any decking to be replaced shall be constructed in such a manner that it remains structurally independent of the dwelling, and limited to less than 500 sq. ft. in size. 4. This exemption does not authorize the creation of any ground level habitable and/or conditioned space. Entry ways and/or storage areas may be constructed, but shall not be conditioned. 5. No frontal dune disturbance is authorized under this exemption, except that which is necessary for the installation of piling placement. Any disturbed areas shall be remediated (graded and planted) within 14 days of project completion to the satisfaction of the NC Division. 6. The development must not involve removal, damage, or destruction of threatened or endangered animal or plant species. 7. The development must not alter naturally or artificially created surface drainage channels. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Dail, Jason From: Dail, Jason Sent: Friday, January 15, 2016 8:44 AM To: 'Jackie James' Subject: RE: 459 N Anderson documents Yes, it was great seeing you again. As for the required information, I will need the following: -Letter describing in detail the work proposed (include either the elimination or retention of part of the ground level wall, storage area, etc.) -A site plan showing the existing residence in relation to the first line of stable natural vegetation that I located yesterday and the existing dune. A profile, or side view of this would be helpful. In addition, please show the location of the raised structure and provide any other information that may not have been discussed yesterday during our meeting. -Also, please provide an elevation certificate for the property. That should fulfill the requirements for the exemption to raise the home and bring it up to code. If you have any other questions, please feel free to give me a call. Thank you, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dail @ncd enr. gov .., -'Nothing Compares..--,-,. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jackie James[mailto:jackiejames83@gmail.com] Sent: Thursday, January 14, 2016 3:14 PM To: Dail, Jason <jason.dail@ncdenr.gov>; Charles Riggs <CharlesRiggs@riggslandnc.com>; Nick Phillips <nick@ land ma rksothebysrealty.com> Subject: 459 N Anderson documents Jason Thanks for meeting us out onsite today at 459 N Anderson. I appreciate your willingness to work with us on short notice. Nicklaus and Sophia Phillips Page Two January 27, 2016 8. The development must be consistent with all applicable use standards and local land use plans in effect at the time the exemption is granted. 9. The proposed development shall remain consistent with the attached work plan. This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal or Local authorization. This exemption expires 90 days from the date of the letter. Si ly, . on Dail, LPO Cc: DCM — WIRO Christina Watkins, Town of Topsail Beach I wanted to just followup on what you would need to provide a letter stating that the structure could be lifted up and placed on pilings in its current footprint so we could try to get that work done by Charles to be able to close in the next 10 days. Anything I can help with on my end please let me know. Jackie Please reply back to Nick and Charles - emails copied above Error! Filename not specified. JACKIE JAMES I Broker/REACTOR' 13775 Hwy 50, Suite 401 PO Box 2391 (mailing address) Surf City, NC 28445 910-329-1133 office 910-470-1478 cell 888-431-0021 fax Dail, Jason From: Charles Riggs <CharlesRiggs@riggslandnc.com> Sent: Friday, January 22, 2016 1:42 PM To: Dail, Jason Cc: jackiejames83@gmail.com; Nick Phillips Subject: Emailing - 16-01-13 BP SIGN.pdf Attachments: 16-01-13 BP SIGN.pdf Jason On behalf of Jackie James, please find attached the survey for 459 North Anderson Boulevard entitled "Boundary and Physical Survey for Nick Phillips". The survey reflects all existing improvements, boundary lines and both the first line of natural stable vegetation flagged by you on January 14, 2016 and the Static Line. The cross section indicates the structure elevated with the proposed lowest horizontal member at a proposed elevation of 21.0'. The Flood Zone is'VE" with a base flood of 15.0' and a free board of 3', therefore requiring the lowest horizontal member to be at least an elevation of 18.0'. This structure will be elevated 3' above requirements. This survey reflects the area below the dwelling will be utilized for entry, storage and parking. The "VE" zone requires these walls to be breakaway. I await your comments. Respectfully, Charles F. Riggs, P.L.S. unTu o Er RLs Is TINS IS TO DERRIFY THA E SUBJECT PR IN FLOOD ZONE WHICH SPECIAL FLOOD HAZARD AREA AS DETERMII EMERGENCY MANAGEMENT AGENCY, AND TH INSURANCE PROGRAM. COMMUNITY PANEL ]]RO4RR](I0L FEBRUARY M„aAAntr YeK aaTNn iLW.! rAXm¢ urimN' wT,AK luD o pntl R/W I I Al U Z R/N C R/W CHARLES F. RIGGS & ASSOCIATES, INC. (C-730) LAND SURVEYING — CONVENTIONAL & GLOBAL POSITIONING SYSTEMS, LAND PLANNING & COMPUTER MAPPING 502 NEW BRIDGE STREET LANDFALL EXECUTIVE SUITE 217 P.O. BOX 1570 1213 CULBRETH DRIVE JACKSONVILLE, NC 28W-1570 WLMINGTON, NC 28405 TELEPHONE: (910) 455-0877 TELEPHONE: (910) 681-74-44 E-MAIL riaa8IoYd0riaa6landnc.cm BOUNDARY & PHYSICAL SURVEY FOR NICK PHILLIPS 9224 Sq.Ft. TRACT ON NC HIGHWAY 50 TOPSAIL TOWNSHIP, PENDER COUNTY, NORTH CAROLINA LAWRENCE FREDERICK ALEXANDER & SUSAN MARIE ALEXANDER, OWNERS, D.B. 3336, P. 127 459 NORTH ANDERSON BOULEVARD MN 46' M: NAVO W M OBTAINED NTH TOPCON GRS IDEnC CONTINUOUS OPERATING ITIONS am 3ERICK ALEXANDER MEXANOER 127 -0000 n I27 IM IL CORNER CONCRETE MONUMENT (FOUNOXCONTROL 1 G IRON PIPE (FOUND) G IRON ROD (FOUND) G MAGNETIC NAIL (FOUNDXCONTROL C PARKER-KALON Z (FOINDXOONIROL C 'IG RAILROAD SPIKE (FOUND) 1 BUILDING LINE DNUMENTED POINT OF WAY NCRETE MONUMENT (CONTROL CORNEA M PIPE ,GNETC NAIL (CONTROL COMER) RKER-KALON NAIL (CONTROL CORNER) UNE METER TRIANT VALVE IY SEVI R MANHOLE OUT 3NE PEDESTAL ION PEDESTAL IPTIC CABLE MARKER OE POE UNE C TRANSFORMER n - SPOT ELEVATION GRAPHIC SCALE ( IN Pm ) I Inch - 20 M1 ACTUAL FIELD SURVEY DATE: JANUARY 21, MAPPING DATE: JANUARY 22, 2016 DRAWN BY: _ 1. Ht=L MS CHECKED BY: t".f FIELD BOOK: 916 PAGE: 30 PROJECT NUMBER: 16-01-13 Ili + , rut 10"! z1A4Y Zo OMB Nt). 2502-02& A. U.S. DEPARTMENT OF HOUSING 8 URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN: 1.QFHA 2.QFmHA 3.QX CONV. UNINS. 4.QVA 5.QCONV. INS. 6. FILE NUMBER PHILLIPS-16-020 7. LOAN NUMBER: 8, MORTGAGE INS CASE NUMBER: C. NOTE: This form Is furnished to give you statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked '[POC]' were paid oulslde the closing; they are shown here for informational purposes and are not included In the totafs. O. NAME AND ADDRESS OF BORROWER: Nicklaus D. Phillips and wife, Sophia N. Phillips Post Office Box 2078 Surf City, NC 28446 E. NAME AND ADDRESS OF SELLER Lawrence Frederick Alexander and wife. Susan Marie Alexander Past Office Box 3175 Topsail Beach, NC 28445 F. NAME AND ADDRESS OF LENDER: American IRA, LLC FBO W.D. Pelon IRA401307-09 137 Broad Street Asheville, NC 28801 G. PROPERTY LOCATION: 459 North Anderson Boulevard Topsail Beach, NC 28446 Pander County North Carolina H. SETTLEMENTAGENT: Dan Riau, Attorney at Law I. SETTLEMENT DATE: January28, 2016 PLACE OF SETTLEMENT 13775 Highway501210, Suite 501 Surf City, NC 28443 J. SUMMARY OF BORROWERS TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100, GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER; 101. Contract Sales Price 350000.00 401. Contract Sales Price 350.000.00 102. Personal Property 402. Personal Prope 103. Settlement Charges to Borrower Line1400 784.50 403. 104, Pa FirstMort a e 404. 105. 405. Adjustments For Items Paid By Seller in advance Adjustments For Items Pald By Sailer In advance 106. City/Town Taxes to 406. Ci froHn Taxes to 107. CountyTexas to 407. County Taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. Ill. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 350,784.60 420. GROSSAMOUNT DUE TO SELLER 350,000.00 00 AMOUNTS PAD BY OR IN BEHALF OF O 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Depositor earnest mone 400000 501, Excess Deposit See Instructions) 202. Principal Amount of New Loans 350 000,00 502, Settlement Charges to Seller Line 1400 21 870.00 203. Exist loans taken subject to 503. Ex)Stin loans taken sOb ectto 204, 504. Payoffoffirst Mortgage toBank offunerica1874152 365,494.68 205. 505. Payoff of second Mortgage 206. 506. 207. 507. (Deposit disb. asproceeds) 208. 508. 209. 509. A -usfnrents For Items Unpaid By Seller Adjustments For Hems Unpaid By Seller 2W. CityrrownTaxes OV01116 to 01/28116 71.58 510. CityrrownTaxes OV01(16 to 01128116 71.58 211. County Taxes 01101116 to OV28116 187.82 511. County Taxes 01/01/16 to 0128116 187.82 2f2. Assessments to 512. Assessments to 20. 513. 2 M. 514. 2 W, 515. 216. SIB. 2t7, 517. 2t8. 518. 2f9. 519. 220, TOTAL PAID BYWOR BORROWER 354,259.40 520. TOTAL REDUCTION AMOUNT DUE SELLER 387,624.28 300, CASH AT SETTLEMENT FROM/TO BORROWER: 600, CASH AT SETTLEMENT TOIFROM SELLER: 301. Gross Amount Due From Borrower Line 120 350,784.50 601. Gross Amount Due To Sel ler Llne 420 350 000.00 302. Less Amount Paid BylFor Borrower (Line 220) ( 354,259.40 602 Less Reductions Due Seller (Una 520) ( 387,624.28 303. CASH ( FROM) ( X TO ) BORROWER 3,474.90 W3. CASH( TO) (X FROM) SELLER 37.624.28 f hdersi ed hereby acknowledge receipt ofa completed copy of pages 182 of this statement any attachments referred to herein. Pkl�- M`NGZ Borrower Setter Nicklaus D. Phillips Lawrence Frederick Alexander Sophia N. Phillips Susan MarieAle andef �P P.S. 2 L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ 350,000.00 @ 6.0000 % 21,000.00 Fwv FRoli BORRONEAS FUNDSAT SETTLEMENT PAD FROM SMLER-a FUNDSAT SETTLEMF4T Division of Commisslon (line 700 as Follows: 701 10500.00 to Coastal Carolina Real Estate 702. S 10 500.00 to Landmark Real Estate Group 703 Commisslon Paid at Settlement 21 00000 704. to 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Ori Ination Fee % to $02. Loan Discount % to 603. Appraisal Fee to 604. Credit Report to 805, Lender's Inspeaon Fee to $06. Mortgage Ins. App. Fee to 807, Assumption Fee to 808. $09. 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From 01128/16 to 02Pot116 @ $ lday ( 4 days 6.0000%) 902. mortgage Insurance Premlumfor months to 903, Hazard Insurance Premlum for 1.10 rs to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months r month 1002. Mortgage Insurance months @ $ per month 1003. CityrrownTaxes months 0 $ per month 1004. CountyTaxes months @ $ per month 1005. Assessments months @ S per month 1006. months $ per month 1007. months per month 1008. months @S per month 1100. TITLE CHARGES 1101. Settlement or Closing Fee to Dan Rizzo, Attorney at Law 350.00 1102, Abstractor Title Search to 1103, Title Examination to 1t04. Tide Insurance Binder to 1105. DocumentPreparation to Dan Rizzo,Attomey at Law 150.00 1106. courierlvirefee to Dan Rizzo, Attorney at Law 20,00 1107. Attorneys Fees to includes above ilem numbers: 1108. Tide Insurance to investors Title Insurance Company 342,50 includes above Rem numbers: I 109. Lender's Coverage $ 350,000.00 1110.Owner's Coverage $ 350.000.00 1111, 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recordi Fees: Deed $ 26.00; Mortgage $ 56.00; Releases S 82.00 1202. Ci fCoun TaxfStam s: Deed • Mortgage 1203.State TarlStam : RevenuoStam 700.00;M0rt a e 700,00 1204. E-Record ng Fees to Dan Pjzw.Atto(ney 10•00 1205, 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. PestInspection to 1303. 04. - 0. TOTAL. SETTLEMENT CHARGES Enter on lines 103, Section J and 502, Section K 784.60 21.870.00 " eys!9n?ng pagel It,, kmeneM slpoatAll aCmrdedga reos'Ptota oompis20 wpyorpays2 "e erti fi ad to be a Wa copy Ms 1av paga vat -ant Dan W zzo, Attorney at Law, Selement Agent (FHLLMi8-020/PH&tW,ld-G20/B ) DocuSign Envelope ID: C087C9AF-5485AFD4-8E6A-CE57B2CC92F3 OFFER TO PURCHASE AND CONTRACT [Consult "Guidelines" (Form 2G) for guidance in completing this fomi] For valuable consideration, (lie 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 ternis (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": Lawrence F. Alexander Susan C. Alexander (b) "Buyer": Nicklaus D, Phillips and Sophia N. Phillips (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and tiie fixtures and personal property listed in Paragraphs 2 and 3 below, NOTE: If the Property will include a manufactured (mobile) honte(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A1 I-T) with this offer. Street Address: 459 North Anderson Boulevard City: To sail Beach Zip: 28445 County: Pander , 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 10 B1ock/Seclion , Subdivision/Condominium David Nixon Oceanside , as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification numberof the Property is: 4223-25-3177-0000 Otter description: Some or all of the Property may be described in Deed Book 3336 at Page 127 (d) "Purchase Price": $ 400,000.00 4,000.00 <,,1 •G vG� Pl\ n� 396,000.00 paid in U.S. Dollars upon the following terms; BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by ❑ cash ❑ personal check ❑ official bank check ❑ wire 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 I(f) by cash or immediately available fltnds such as official bank check or wire transfer no later than , TIME BEING OF THE ESSENCE with regard to said date. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on (lie 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). BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). Should Buyer fail to deliver tither die Due Diligence Fee or any Initial Eamest 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 Page i of 12 113 This form jointly approved by: STANDARD FORM 2-T North Carolina Bar Association DS112, Revised 7/2015 REALTOR" North Carolina Association of REALTORS@, Inc. r Q �r ;,°; ,' ©7/2(l15 Buyer initials` Seller initials � t Landmark S,6 6y's lnle n lmt l Really, 307 Roland Avcouc Sm Cily. NC 28445 Phone: t9l0)620.3370 Fr.: (91U)328-2331 459 Mm h AnJmvn MA Milli— DocuSign Envelope ID: COB7C9AF-5485AFD4-8E6A-CE57B2CC92F3 have one (1) banking day after written notice to deliver cash or immediately available funds to the payee. In the event Buyer does not timely deliver cash or immediately available funds, Seller shall have the right to temunate 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 in connection with this transaction, hereinafter collectively referred to as "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 tenminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Eames( 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 the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as 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 or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss (flat Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller 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, tine 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): Lender's Title6_ Escrow 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 broker (`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 its 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": Tire date that: (1) 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 (lie offer or counteroffer, as tie 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 during the Due Diligence Period to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 4 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 conduct Due Diligence 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 8(n) or Paragraph 12, or as otherwise provided in any addendum hereto. Buyer and Seller 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 die purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. 0) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on December 18, 2015 TIME BEING OF THE ESSENCE with regard to said date. (k) "Settlenent": 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 attorney's receipt of all funds necessary to complete such transaction. (1) ,"�,�t�Ier�r�t Date". The parties agree that Settlement will take place on January 7, 2016 (thel 'S�tthnfen! 1ia%"Htnless otherwise agreed in writing, at a tinne and place designated by Buyer. DCM WILMINGTON, NC J A N 2 5 2016 Page 2 of 12 os os STANDARD FORM 2-T r� Revised 7/2015 Buyer initials Seller initials 07/2015 Produced with zipFormB by zipt i*x 19070 Him- Mlo Road, Fraser, Wchgan 48026 wmv.zi"iy.00 459 North DocuSlgn Envelope 10: COB7C9AF-5485-4FD4-8E6A-CE57B2CC92F3 (nm) "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: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds, and (4) recordation in the appropriate county registry of time deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for time closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with (lie settlement statement and the provisions of Chapter 45A of the North Carolina Gencral 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 13 (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 time acts and services required to complete a closing. A closing involves significant legal issues that should be handled by all 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 or not it is fully payable at time of Settlement. 2. FIXTURES AND EXCLUSIONS. (a) Itenms Leased or Not Owned: Any item which is teased or not owned by Seller, such as fuel tanks, antennas, satellite dishes and receivers, appliances, and alarm and security systems must be identified here and shall not convey: no exceptions (b) Specified ItenL5: Unless identified in subparagraph (d) below the following items, if any, are deemed fixtures and are included in the Purchase Price free of liens: range/stove/oven, any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dislies and receivers, mounting brackets for televisions and for speakers and all related hardware, burglar/fire/smoke/carbon monoxide alarms and security systems, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, attached wall and/or door mirrors, fuel tank(s) whether attached or buried and including any contents that have not been used, removed or resold to the fuel provider as of Settlement*, landscape and/or foundation lighting, invisible fencing including all related equipment, lawn irrigation systems and all related equipment, and water softener/conditioner and filter equipment. (c) Other Fixtures/Unspecified items: Unless identified in subparagraph (d) below, any other item legally considered a fixture is included in the Purchase Price free of liens. (d) Other Items That Do Not Convey: Time following items shall not convey (identify those items to be avciuded miller subparagraphs (b) and (c)): No Exceptions Seller shall repair any damage caused by removal of any items excepted above. *NOTE: Seller's use, removal or resale of fuel in any file[ tank is subject to Seller's obligation under Paragraph 8(e) to provide working, existing utilities through the earlier of Closing or possession by Buyer. 3. PERSONArLLW-14-mW-6- TY: The following personal property shall be transferred to Buyer at no value at Closing: All as shown on 1j:zrE k- UCM wtt_rv". - � AN 2 5 '1016 Buyer initials lid- V Page 3 of 12 pg D/rSnn Seller initials STANDARD FORM 2-T Revised 7/2015 0 7/2015 Produced wlm zipFo(n?V by zipLogix 18070 Fifteen Wo Road. Ham. Mithkian 48026 WNW.Zi kWit.corn dS0 DocuSign Envelope 10: COS 7C9AF-5485-4FD4-8E6A-CE57B2CC92F3 (NOTE: Buyer is advised to consult with Bayer's lender to assure that Ilia Personal Property itenis listed above can be included in this Contract) 4. BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During Ilia Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of Ilia Loan if any. NOTE: Buyer is advised to consult with Buyers lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyers lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract. (b) Property Investigation: During the Due Diligence Period, 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 united to the following: (i) Inspections: Inspections to detenmine the condition of any improvements on the Property, the presence of unusual drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presence of asbestos or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and the presence and level of radon gas on the Property. (ii) 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 Residential Properly and Owners' Association Disclosure Statement provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association charges fees for confinning owners' association information and restrictive covenant compliance. (iii) Insurance: Investigation of the availability and cost of insurance for the Property. (iv) Appralsais: An appraisal of the Property. (v) 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. (vi) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyers intended use of ilia Property, adjacent land uses, planned or proposed road construction, and school tJ attendance zones. Z (vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood Z insurance in order to obtain the Loan. a O c�a (viii)Utllitles and Access: Availability, quality, and obligations for maintenance of utilities including water, sewer, electric, o gas, communication services, stormwater management, and means of access to the Property and amenities. j Z Ira (ix) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road 2 used to access the Property, including: (1) whether any streets)/road(s) are public or private, (2) whether any street(s)troad(s) � Q 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 U maintenance agreements. p (x) Fuel Tank: inspections to determine the existence, type and ownership of any fuel tank located on the Property. (NOTE: Buyer is advised to consult with the owner of any leased fttel tank regarding the terms under which Buyer may lease the tank and obtain fuel.) (c) Repair/Improvenient Negotialiuns/Agreement: Buyer acknowledges and understands that unless the parties agree otherwise, THE PROPERTY 1S BEING SOLD IN ITS CURRENT CONDITION. Buyer and Seller acknowledge and understand that they may, but are not required to, engage in negotiations for repairslimprovements to the Property. Buyer is advised to make any repair/improvement requests in sufficient time to allow repair/improvement negotiations to be concluded prior to the expiration of the Due Diligence Period. Any agreement Ilia[ ilia parties may reach with respect to repairs/improvements shall be considered an obligation of the parties and is an addition to this Contract and as such, must be in writing and signed by the parties in accordance with Paragraph 20. (NOTE: See Paragraph 8(c), Access to Property/Walk-Through Inspection, and Paragraph 8(m), Negotiated Repairs/lmprovements.) (d) 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 either approved by the N.C. Home Inspector Licensure Board or applicable to any other 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. Page 4 of 12 os °S STANDARD FORM 2-T I �U Revised 7/2015 Buyer initials /{� Seller initial 0 7/2015 DocuSign Envelope ID: COB7C9AF-5485AFD4-8E6A-CE57B2CC92F3 (e) Indemnity: Buyer will indemnify and hold Seller hamiless 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. (f) Buyer's Rigbt to Terminate: Buyer shall have the right to lernninate 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 shah be refunded to Buyer, WARNING: 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 (lie Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period shall 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 Seiler fails to materially comply with any of Seller's obligations under Paragraph 8 of this Contract or for any other reason pemnitted under the terms of this Contract or North Carolina law. (g) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 5, BUYER REPRESENTATIONS: (a) Loan: Buyer ® does ❑ does not have to obtain a new loan in order to purchase the Property, If Buyer is obtaining a now loan, Buyer intends to obtain a loan as follows: ❑ FHA ❑ VA (attach FHA/VA Financing Addendum) ❑ Conventional ❑ Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate in [lie principal iunount of plus any financed VA Funding Fee or FHA MIP fora term of year(s), at an initial interest rate not to exceed `/o per annum (the "Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property, 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 CQ does ❑X does not have to sell or lease other real property in order to qualify for it new loan or to complete purchase. (NOTE: This Contract is not conditioned upon the sale of Buyer's property unless a contingent sale addendum such as Standard Form 2A2-T is made a pan of 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 may be specifically set forth herein. (d) Residential Property and Owners' Association Property Disclosure Statement (check only one): 0 Buyer has received a signed copy of the N.C, Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer. ❑ Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of (lie Disclosure Statement; (2) the end of the third calendar day following the date the Contract was made; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ _ dVrtV t�C, •;,Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES): NG DAM W 1 JAN2`1016 Page 5 of 12 DS os STANDARD FORM 2-T Q FS�Q Revised 7/2015 Buyer initials Seller initials 07/2015 Produced viO zipFomM by z:plog1x 18070 FOeen mo Road, FMV. fdich an 48026 %WW.zIr)t0aiv,C0m .Ica X1,, I. DocuSign Envelope ID: COB7C9AF-548SAFD4-8£6A-CE57B2CC92F3 (e) Mineral and Oil and Gas Rights Mandatory Disclosure Statement (check only one): XU Buyer has received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer. ❑ Buyer has NOT received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the date the Contract was made; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ Exempt from N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement because (SEE GUIDELINES): Buyer's receipt of a Mineral and Oil and Cis Rights Mandatory Disclosure Statement does not modify or limit the obligations of Seller under Paragraph 8(g) of this Contract and shall not constitute Cite assumption or approval by Buyer of any severance of mineral and/or oil and gas rights, except as may be ,assumed or specifically approved by Buyer in writing. (NOTE: The parties are advised to consult with a NC attorney prior to signing this Contract if severance of mineral and/or oil and gas rights has occurred or is intended.) 6. BUYER OBLIGATIONS: (a) Owners' Association Fees/Charges: Buyer shall be responsible for the payment of any fees charged by an owners' association for information relating to Buyer's Due Diligence other than those fees to be paid by Seller under Paragraph 80). (b) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (d) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide thus 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). 7. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: X❑ lias owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Lead -Based Paint (check if applicable): ❑ The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Print Hazards Disclosure Addendum (Standard Form 2A9-T)). (c) Assessments: To llte best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None" or (lie identification of such assessments, if any): none Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): none (d) Owners' Association(s) and Dues: Seller authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, representative, closing attorney or lender true and accurate copies of the following items affecting the Property, including any amendments: • Sellers statement of account master insurance policy showing the coverage pr#vjdtd atilt the deductible amount • Declaratioi)and Restrictive Coveli,,w h, ;;`nniNGTON, NC • Rules and Regulations 6'ui" Articles of Incorporation JAN 2 5 t016 Buyer initials Page 6 of 12 DS DrS� �Q S� Seller initials STANDARD FORM 2•T Revised 7/2015 ©7/2015 Produced Mth zipForm9by z;plogtx 18070 Fifteen Mda Road. Fraser. thchigan 4BD26 wwweziClooix.com 459 North DocuSign Envelope ID: COB7C9AF-5485AFD4-8E6A-CE57B2CC92F3 Bylaws of the owners' association • current financial statement and budget of the owners' association parking restrictions and information architectural guidelines The name, address and telephone number of the president of the owners' association or the association manager is: Owners' association website address, if any: The name, address and telephone number of the president of the owners' association or the association manager is: Owners' association website address, if any: 8. SELLER OBLIGATIONS: (a) Evidence of Title and Payoff Statemeul(s): Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date, copies of all Utle 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. 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). (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 atiorney's Ole 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 (lie Property's title insurer's (or title insurer's agent`s) rile to Buyer and both Buyer's and Seller's agents and attorneys and (3) the closing attorney to release and disclose any sellers 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/VValk-Through Inspection: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing Buyer an opportunity to conduct a final walk-through inspection of the Property, (d) Removal of Seller's Property; Seller shall remove, by lice date possession is made available to Buyer, all personal property which is not a part of (he purchase and all garbage and debris front the Property, (c) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavits) and indemnification agreemem(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 lenders) and Buyer's title insurer against all loss from any cause or claim arising therefrom. (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 die 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 Ole Property, except: ad valorem nixes for the current year (prorated through (lie date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of (lie 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 ,4 Q�{NNOTE: Buyers failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encumbrance � .� Q or defect that is or would have been revealed by a title examination of the Property or a current and accurate survey shall not relieve /- 4, S ~`r,Iler of any obligation tinder this subparagraph.) Page 7 of 12 Ds os STANDARD FORM 2-T � ry Buyer initials Seller initials Revised 7/2015 >P ,� 0 7/2015 Produced rith zipFoovt)by zipt.ogx 16070 FtteenWo Read, Fraser, Michigan 4eo2u wem-zinto4ix.tom 459 North DocuSign Envelope ID: COB7C9AF-5465AFD4-8E6A-CE57B2CC92F3 (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 Sellers obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required bylaw. The deed is to be niade to: Nicklaus D. Phillips and Sophia N . Phillips (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ toward any of Buyer's expenses associated with the purchase of the Property, including ally FHA/VA lender and inspection costs that Buyer is not pernutted to pay, less any portion disapproved by Buyers lender. NOTE: Examples of Buyer's expenses associated Willi tile purchase of the Property include, but are not limited to, discount points, loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dues, etc.). 0) Owners' Association hees/Cliarges: Seller shall pay: (i) any fees required for confirming Sellers account payment inforniation on owners' association dues or assessnients for payment or proration; (ii) any transfer or similar fee imposed by the owners' association; and (iii) fees incurred by Seller in completing the Residenlial Property and Owners' Association Disclosure Statement. (k) Payment of Confirmed Special Assessments: Seller shall pay all Confir led Special Assessments, if any, provided that the amount thereof can be reasonably determined or estimated. (1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Negotiated Repairs/Improvements: Negotiated repairshinprovemenis shall be made in a good and Workmanlike manner and Buyer shall have the right to verify swne prior to Settlement. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply With any of Seller's obligations under this Paragraph 8 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 tactually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against 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. 9. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of Settlement and either adjusted between [lie patties 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) Tnxes on Personal Property: Ad valorem taxes on personal property for the entire. year shall be paid by Seller unless the personal property is conveyed to Buyer, in Which case, the personal property taxes shall be prorated on a calendar year basis; (c) Rents: Rents, if any, for the Property; (d) Dues: Owners' association regular assessnients (dues) and oilier like charges. TO HOME WARRANTY: Select one of the following: ® No home Warranty is to be provided by Seller. ❑ Buyer may obtain a one-year home Warranty at a cost not to exceed $ Settlement. Q Seller has obtained and will provide a one-year liome warranty from _ at a cost of $ and will pay for it at Settlenient. and Seller agrees to pay for it at (NOTE: Home w.uranties typically have limitations on and conditions to coverage. Refer specific questions to the home warranty company,) 11. CONDIT10i"i h4PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contin ent ttpdn the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and teaVcfped. Page 8 of 12 os orsn STANDARD FORM 2-T Revised 7/2015 Buyer initials Seller initials 07/2015 PlodeCed Mai zipFonn8 by ziploglx 16070 Ffteon We Road. Fraser, ?hchi9an 4W26 W,%W.th7L0Qk,00rn 459 North DocuSign Envelope ID: COB7C9AF-5485-4FD4.8E6A-CE57B2CC92F3 12. RISK OF LOSS: The risk of loss or damage by fire or otlier casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or Sellers agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seiler is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 13. 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 tinder this Contract for the breach. 14. POSSESSION: Possession, including all means of access to the Property (keys, codes, garage door openers, etc.), shall be delivered upon Closing as defined in Paragraph 1(m) unless otherwise provided below: ❑ A Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-T) ❑ A Seller Possession After Closing Agreement is attached (Standard Fortin 2A8-T) ❑ Possession is subject to rights of tenants) (NOTE: Consider attaching Additional Provisions Addendum (Form 2A-I I-T) or Vacation Rental Addendum (Form 2AI3 'f)) 15. OTHER PROVISIONS AND CONDITIONS, CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO, 1TErvIIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT. ❑ Additional Provisions Addendum (Form 2AI I-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Additional Signatures Addendum (Form 3-T) ❑ New Construction Addendum (Form 2A3-T) ❑ Back -Up Contract Addendum (Form 2A1-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Contingent Sale Addendum (Form 2A2-'I) C3 Short Sale Addendum (Form 2A14-T) ❑ FHA/VA Financing Addendum (Form 2A4=T) Vacation Rental Addendum (Form 2AI3-T) ❑ Lead -Based Paint Or Lead -Based Paint Hazard Addendum (Form 2A9-T) ® OTHER: O + { A?,1A GAs �s -�d d Q�v�dr r ,�• 16, 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, (lien this Contract shall be binding on the assignee and assignee's heirs and successors. 17. TAX -DEFERRED EXCHANGE: in due event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of tile, 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 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. 18. PARTIES: This. Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors anQ­21ssios. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as aWc` into. 19. SURVIVcA � W-mly provision herein contained which by its nature and effect is required to be observed, kept or performed after the Clgsi`g� Shal��trvive the Closing and remain binding upon and for the benefit of (he parties hereto until fully observed, kept or perforl Ord`' ' Page 9 of 12 os o//snn STANDARD FORM 2-T a SUS Revised 7/2015 Buyer initials Seller initials © 7/2015 Produced with z+pf'ormti by zlpLoaix 18070 Fifteen ),life Road, Fraser, Michloan 48026 wNN.zfeLOUfx,COm 459 Noah DocuSign Envelope ID: COB7C9AF-5485-4FD4.8E6A-CE5782CC92F3 20. 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 lierew 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. 21. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to (lie 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, and any fee, deposit or other payment to be delivered to a party herein, may be given to the party or to such party's agent. Seller and Buyer agree that the "Notice Infornmation" 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. 22. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instnlment. 23, COMPUTATION OF DAYS/ThNIE OF DAY: Unless otlienvise provided, for purposes of this Contract, the terns "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For time 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 tittle of day shall refer to the date and/or time of day in the State of North Carolina, 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 FORAM 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 time Effective Date, Unless specifically provided otherwise, Buyers 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. Date: Buyer Nicklaus D. Phillips Date: It h--A I S WORM, k.%7.0 W. .4 Entity Buyer: (Name of LLC/Corporation/Ptuliiershipr rrust/etc.) By: Name: Title: Date: `J Pa 11/27/2015 Date: Seller La exander Date: 11/27/2015 DocuStgne/d' by: ,f '`'' , �, Seller WAA, V, AIQOAW ` Susan 6Ailet3wwjAevr Entity Seller; (Nance of LLC/Corporation/Pttrtnersitip(rrustfetc.) By: Name: Title: Date: ge10of12 STANDARD FORMM 2-T Revised 7/2015 7/2015 Produced %ith zipFornrl)by ziptogix 18070 R1001INr0 Road, Fraser, Michigan 48026 %wrr zi0L0ddx.cara 459 North DocuSign Envelope ID: COB7C9AF-5485AFD4-8E6A-CE57B2CC92F3 NOTICE INFORMATION NOTE: INSERT THE 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: Mailing Address: Buyer Fax#: Buyer E-mail: SELLING AGENT NOTICE ADDRESS: Firm Nune:Landmark Sotheby's Realty Acting ns M Buyers Agent❑ Sellers (sub)Agent ❑Dual Agent Mailing Address: Individual Selling Agent: Nick Phillips ❑ Acting as a Designated Dual Agent (check only if applicable) License #: Selling Agent Phone#: Selling Agent Fax#: Selling Agent E-mail: SELLER NOTICE ADDRESS: Mailing Address; Seller Fax#: Seller E-mail: LISTING AGENT NOTICE ADDRESS: Firm Name: Coastal Carolina Realty Acting as © Seller's Agent ❑ Dual Agent Mailing Address; 13775 S7E 4bl 5uR-F C, 14gC- 2-Sq 4,- Individual Listing Agent: Jackie James ❑ Acting as a Designated Dual Agent (check only if applicable) License #: 2'Z7 2jq 2- Listing Agent Phone#: Clip - 4--i" 0 — 1419 Listing Agent Faxil: S st — T3l — (.%) Z I Listing Agent E-mail: I .Il' v fame en g_3,twi i, e m ITHIS SPACE INTENTIONALLY LEFT BLANK] Page t t of 12 STANDARD FORM 2•T Revised 7/2015 © 7/2015 Produced with zlpFofm& by zlpLog1x 18070 hiwon fNo Road. Frasef. N ic"an 48026 wmr.zialoaix,eom 459 North DocuSlgn Envelope ID: COB7C9AF-54854FD4-8E6A-CE57B2CC92F3 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Lawrence F. Alexander, Susan C. Alexander ("Seller") Buyer: Nicklaus D . Phillips, Sophia N . Phillips ("Buyer") Properly Address: 459 North Anderson Boulevard, Topsail Beach, 28445 ("Property") ------------------------------------------------------------------------------------------- ❑ LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DHAGENCE FEE Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Listing Agent hereby acknowledges. Date: _ Finn: Coastal Carolina Real By: (Signature) Jackie James (Print name) ------------------------------------------------------------------------------------------- ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Seller hereby acknowledges. Date Date Seller: Seller: (Signature) Lawrence F. Alexander (Signature) Susan C. Alexander ------------------------------------------------------------------------------------------- ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph I(d) of tite Offer to Purchase and Contract between Buyer acid Seller for the sale of the Property provides for the payment to Escrow Agent of all Initial Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph l(t) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date Finn: Lender's Title & Escrow By: (Signature) (Print name) ------------------------------------------------------------------------------------------- ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date _ � Finn: Lender's Title & Escrow By: (Signature) (Print name) Page 12 of 12 STANDARD FORM 2-T Revised 7/2015 7/2015 Produced With:iDFomtby Akook 18070 Fitleon fUo Road. Fraser. hchfoan A8026 www.zWl.a vxom 4i9 Nnah 0 i W W cc STATE, of NORM CAROLINA 1tI(SIDCNTIAL PROPERTY AND OWNMRS' ASSOCIATION UISCLOSMR, STAUMMN'P Iuslrucllons to Property Owners I, The llesidemial Iropedy Disclosure Act (0.8, 4713) ("Disclosure. Act") requires owilers of residential real esllle (SG1gIC falQly InO111CS, Individual condotublluins, lowrtllouses, and the like, and buildings with up to four dwelling wilts) to furrdsh purchasers n Restdenlial Property rotd Olvncrs' Association Disclosure Sinlcnlen( ("Disclosure Statement"). 9'llis for•nt is tine only ono approved for This purpose. A disclosure statement nnlsl be rumished In comlccllon wills the sole, exchange, option and sale under a Iease will] option to purchase where Ilic tenant does not occupy or intend to occupy (lie dwelling. A diselosuro statement Is not required for some transactions, Including Ilia first sole of a dwelling which has never been inhabilcd and trarlsacllom of residential properly ]lade pursuanit to A lease with 00101110 purchase where the lessee occuples or intends to occupy the dwctlttg, Par it complete list of cxempoons, sco Cs,,i7im. 2, You roust rest,orld to each of the questions on tine following pages of flits form by filling hi tine requested inrarnladon or by pinchlg a check (%/) hi lino appropriate box, In respondlug in Iho questions, you arc only obligated to disclose inforniallon about which you have netunl knowledge. n. If you check "Yes" for any question), you must explain your answer cold either describe oily problem or mach a report from all nttonley, engineer, conlraclor. Iles( control operalor or miter expert or publio agency describing II. if you pllncl, A repair, you will not bo liable for an inaccurate or incomplete inrormalion coniabncd hr f(so long as you were non grossly negligent In oblabliug or Irmnsrmitling fine Inforillnlion. b, if you cheek "No;' you pro stating that you have no netunl knowledge of any problem. if you check "No" nod you know them: is A proble(n, You may be liable for Making tin hllentionnl misslAtermenl, C. If )•on check "No Rcpresen(alion;' you the cbaoshtg rtnl In di)closo the conditions or ehoractedisfics or lino properly, even if you hnve uctuntl knowledge of Qtenn or sitolltd love known of them. d. If you check "Yes" or "No" And soknc1111ttg happens to the properly to make your Disclosure Statement htcorrecl or ImccurAte (for exmupie, file roof begins to leak), you roust promptly give tine purchaser o correcied Disclosure stntenletlt or correct (he problem. 3. If you are. Assisted in file sale of your properly by a licensed rent cs(ate broker, you pro still responsible for completing and delivering the Disclosure Siafenlent !o (lie purchasers; mid file booker ulusl disclose tiny millerint feels about your properly which Ile or she knows or rcasonahly should know, regardicss of your responses on IIIC Disclosure Slatentcal, d, You must give the completed Disclosure S(alentenl to the purchaser Ito Inter than Into tittle (he purchaser makes on offer to purchase your property, If you do not, the purchaser call, under certain conditions, cancel any resulting cotorncl (See "Note to Purchasers" below). 1'ou Should give (lie purchaser n copy of ilia Disclosure Shtten]crtl contailing your slgnalunu mp) keep a copy signed by Iho purchaser for your records, Note to Purchasers: Ii Into owner does not glue you a Roshlonllal proparly, and Owner's Association disclosure Statement by life time you make your offer to purchase file property, you may under certain eondlllons cancel any resulthig contract without penalty to you as Ilse purchaser, To oancol the contraol, you must personally deliver or mall wrilloll notice of your decision to cancel to ilia owner or the owner's agent vtllhhl thrco calendar days following your receipt of the Disclosure Statement, or Ihroo calendar days following tine date of Ile contraol, whichovor occurs first. However, In no event does the Disclosure Act permit you IQ cancel a contract aflor selliemanl of the transaction or (in the case of a safe or exchange) after you havo occupied llle property, whichever occurs first. 5, bl the sppco below, typo or print In ink the nddress of the property (sufficien(to idcrnify II) and your ]nine, Then slgtd and date Property Address: 4130 Mogth Anderson, 2'op3a3.l Beach, 28445 Owner's Name(s): Frederick Lawrence Alexander Susan CarrawaY Alexander Oulrrei(s) acknowledges) lrnvbrg a ambied this Disclosure Statenrenr before signing attr/ thin all birorruerlord is bile and correct of of the date sigiterl k ___y n d i'urehasera acktioivledge receipt ofalcopy of this Dlselosrue Statement; that they ltar'e c rM111 rl it before slgnlrrgl that they understarrri that this U Is not a nearrainy by otvrrei-oil 0111110s' ugcnt; that if Is nol it sthbstilite for arty lnslucllons trey mny wish 10 0blahl, and ihut the represenrallwrs Z are made by the owners and not the owners' agents or• snbaF;eurr. Parchasers are sirorrgly Meoitraged to obtabi inch• own inspections front it Z ileensed horse Inspector or oilrerpr a1. its tim •ern, words 1u the pintrd include the shrgtdar; as appropriate, O `e / (D cCv Purchaser Signature: DateDale z `� PurcitascrSig]talllre: J [tltC •1.22 :4RV 7/14 Riga I or•I Costal Carolina Real C'stanc, LLC,117751hvy 50 Ste•101 Surf Cfly, N(28445 U Pliant., 1-910.470.1478 Parr 1-910.329.9793 JdCkielames Fred Afexunder 0 P10dJCM%0lrpf4D1m0by0F1tGh IMOFAeant!to(load,Fraser,l! Elna4teo28 Anw.r3olonkenn Owner Slgnnturu: Owner Dato Susan Carraway J1laxander Date Propei(y Address/Desetipliot►; 459 Horth Rnderrron, Toponil noaah, 20445 _ PI, L 10 PB 1/103 Daved Nixon Estate Ocean Bide The foilo►vhig questions address the chni'riclevisiles and cnmdiliall of (lie Iiroperly Ideltllfied nbavo about %vhich (lie owllel• ilns r7clrarl ktlolvkdey, IvIlere (Ile question vefcl's to "iln'eliln6i" If Is Intended to refer (o file dwelling unt(, or ulllls If more Glen one, to be conveyed ivlth ltlo Iwollerty. Tits: lean "divellimg mill" refers to nll)'sh'ile two I111ended fur iluu►tnl Inblinfion. 112 I, In whit year tuns U►a dwelling colnslrucled? YU N2 ncnr2a1111A1lon `� ..- mpinln if ❑ecessnry; 2, Is there noy problem, ntalfihiclion or defect wllli Ilte dwelling's tuuudnlion, slab, Greplacesklihnnoys, floors, w(ndows (hneludhrg slorrtt windows And screens), doors, ceilings, hiterlor and exterior walls, aiiaclied garage, pilia, deck or otller siruclurnl compolierlis 111cluding 1110dillcallorls to (1101117 ,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1.D ❑ 3. Tire dwelling's exterior wills are made of whal type of ulatedai? j] Brick Vetieer O Wood ❑ Smile ❑ Vinyl ❑ SynlltelieStticco Cl Composillori/Hardboard ❑ Conereta Q PilierCement C1 Aluminum ❑ Asbestos Q 011ier (Clieck all that apply) •i. In ►vial year teas the diveiling's roof covering Instilled? t(Approximate If no records are avat)nble) UP111ht if necessnlya 5. Is there any leaknga or oilier probleili iallh ilia dwelling's roofl.,.......,.,................................................ O C] G. Is there any water seepage, leakage, dAmpness or siandbtg water In (he dwelling's basenicnl, crawl space, or slab? [) ❑ 7. is lhero Any problem, utnlfunction or defect Willi (lie dwelling's electrical system (outlets, airing, panel, swlicltes, fixitires, generator, Cie.)?.............................................................................................. ❑ Q 8. Is More any problem, mal4n►cllon or defect Willi the divolllag's plunlbhig syslcttl (VIM, fixtures, water ltea(er, etc,)? Q ❑ \ ' 9. Is thcio any problem, malfunction or defect with the dtvcllliig's licating mid/or air condmoniog?......... ............................ I Q ❑ D� 10, What Is Ilse dWe111ng's heat source? [.1 Funinca 1Reat Pump I] Unseboartl ❑ Other 111 (Check all I iot apply),,. Age of syslent; 1� �� N OO ! e, nu a j Y r 11. What is (Ira dwollhtg's cooling source?Central forced Air ❑ Wall/Ni dOW Units) Q 011ier �� v � C (Cheek all Ihn! npp4y),.. Age of system�kfiiH y_A Ij NEW dc)v Ohieaf 12. What Are the dwelling's fuel sources? filectils 0 Pralp me ❑ Oil ❑ Other a rCL (Check all drat Apply) if 1110 fuel son co i� stored (n n tank, Identify whelher the lank Is ❑ obovo ground a botany ! �! ground, and whctbcr 11M INtk Is Q leased by seller at, (I owned by seller. (Check nil that ripply) p� 13, Whitt is (lie dwelling's Witter supply souice?�City/County ❑ Conununhy Sysleur ❑ Privato Well Q Shmed Well ❑ rr " Other (leek all that apply) ..................................................... i4. 'file dwelthig's water pipes are made of what type of 1110 iAP Q Copper fj Onlvro112od Q Plasilc O Polybutylcn0 ! Q011ier (Check rill Ibat ripply) ..................................................... 15. Is tlrero oily problem, malfuueUon or defect with the dwelling's water supply (Including wafer quality, quontily, m• wn(er pressure)? ................. I.... ❑ C1 16, What Is the dwelling's sewage dlsposol System? Septic Taak ❑ Septic Tank Willi Pump [) Comrutrnity Systen► ❑ Connected to Cily/Couitty Systeli► O City/ u lty System Avaliabi0 ❑ Stra19111 pipe (wustawa(cr does nol go title a aeplfc nr other sewer system (mote; use of this type of sysicn► vlola(cs $ia(c law)) ❑ Other (Check till that apply) ........ ......... 1.,,.... ,.,.. 17. If (he dwelllug Is serviced by a septic system, do you know Itow tunny bedioonts are allowed by the sepllc Sytleu► periult? if your noswee Is"yes" liow many bedrooms are allowed? 0 No records avoilabl0 ❑ 11 l8.IslItem oily problem, lualfuuctlonof- defectWilli (lie d►►ollitts'sscwcr•mid/orsepllosys(elit? ............................ I ............ .... 0 tj 19. Is Ilicro any problem, malfunction or defect Willi lho dwelling's cenlral vacuum, pool, hot lob, spat, a1(lo fan, exhaust fall, 0 cclliiig (tins, sump pump, irdgallon system, TV cable wiring or satellite dish, garage door openers, gas togs, or ogler ZSystems?........................................................... 11 Q Z ea 20, Is (lien; any problem, n►Alfuitclion nr defect Willi oily appliances that it a lr ei d d fu Una conve�,ance `rauge%ven, p t) '(hl,,,.j.Wt��il�i^�r�o•�^'.e9t DlY� N ounched micrownvo, hood/fnn dishwasher, disposal, c c. ? �( ,,.,.. (] (] ev Owner lnilitds trod Date (Tiv,tcr biitinls nod Datc i J Z Purchaser Initials and Da(e Purchaser inilols find Ditto s !_ Q Psgo 2 of,I 0 Praducod ►N,h zJproimbby ztpLonrx 18070 Hiieon halo Iload, Fraser. Attehigaa 48028 ist►yazlatotilz eam Frtd Alexander 0 NO 21, is there ally problcnn will) presoat hlfesintlo►t of (lie divellhlg, or domilge firm put fnfestallon of woad dcsiroyiag F o 1 Insects or orgatlisms which tins not beet) repaired?.......................................................................... .. 0 17 22. is Otero any problem, tualRrnciton or defect will) Ito drah)agc, grading or soil stabillly of ilia properly? ......................... [] ❑ 23. Am lhoro niny sinreturtl additions or other slructurnl or mechnnlcal changes to the dwelllog(s) 10 be conveyed with ` ,S the property? ........... ............................................................................................................................................................. p Q 24. Is life properly to be convoyed in violation of any local 101tiilg ordinances, residelive cover)ants, or otter land - use resirtc(lons, or building codes (including the failure to oblaln proper pcmnlls for room additions or other changes/(mprovements)?.................................................................................................................................<,,..,.........., ....... ❑ O 25. Are there any hazardous or toxic subsinaces, nmlerlals, or praducls (such as nsbeslos, foru)aldchydo, radon gas, mcihane gas, lend -bused paint) which exceed government safety sloildords, Any debris (whelher burled or covered) or underground storage iaiiks, or oily cnvlro)tiuentAlly hazardous conditions (sucit as corltalninated soil or water, or oilier eoviroomeu(al eolilrolliunliolt) which affect Ilia property?.,,.,.„................................................................................................................... ❑ tj 26. is there nay noise, odor, smoke, ere. fret)) colnittcreial, hidustrial, or miliinry sources which affects the property? ❑ ❑ 27. is Ilia property subject to ally utility or olher casemcilB, shared driveways, party walls or encroaclillicn(s front or oil ndjaccnl property? ................... .................................... ...,.....,..,... .... ,...,,.,...... ,......,....,,.....,.... ,,.,,.....,,....,........,...,,.....,.,.,,.,. �[ Q 23, is the property ilia subject of oily lawsulls, (oreetosutes, bankruptcy, leases or renlni ngreenten(s, judgmerils, lax liens, proposed assessments, n)ccilAnics' (lens, maleriahoens' Ile))s, or notices from any governmental agency 011at could Affect title to ilia property?................................................................................................................................................................ Q C] 29. Is the property Ilia subject to a (food hoxnrd or is (lie praperty located lit a Fedcratiydasignntcd Rood Ilnzard urea? ❑ t_j 3t). Does (tic properly abut or ndjaint Any liriValc to or strect(s)? ........................................................................................ ❑ ❑ 31. if there is a private road or sired adjohdng Clio property, Is lllere lit exls(eace any owners` assoclation or tunirilance agreements dealing wlth lilt ll)nialcn0itco of Ilia road or sircel7........................................................................................... [) a If you rulsivered "yes" to ally of the quesllous tisttx) abovo (1.31) please exptnlu (atinch addlitn))al slieels, If necessnrp)l K in lico of providing it wAl(en expit, natlon, you may allach a wrilteu report to this Disclosure Statement by it public Agency, or by all ollomey, eughiecr, load survoyor, geologist, pest control operator; contraclor, home inspector or other expert, dealing wilt mutters withiii the seopt of (tin( public Agettey's funcitons or ilia expett's license orcxpet(Iso. Tile followhig questlons perinio to the property Idcafiffed above, Includbig the lot to be convoyed mill ally divelling unh(s), sheds, detacbed SMIlges, or other buildings located thereon, NO 32. To your knowledge, is ilia properly subject to rcgula(too by ana or more owners' assacfAllon(s) or governing documents >.1_3 tLo Rcn*cttstarton which hnposc Various mandatory covenatds, conditions, nett restricitons upon Ito lot, fncluding, but lot I111111 d to b Q obligations to pay regular ossessmcnls or dues nod special assessments? If your Answer Is "yes," plense provide. [Ito information requested below as to cacil owuers' assoclatiou to whirl► Ito property is subject tbisert NIA into any blank flint does llot apply}; ,(specify tinulo) whose regular assessments ("dues") tire $ per . The uamo, address, and feleptiona number of ilia president of tho owilers' associnitoit or the nssaclalton malinger me '(specify nalae) whose regular Assassatcnts ("dues") Are $ per . The name, address, and telephono number of the president of (lit owners' nssociatlon or Ifte ossoolatton o►,- ger pro U Z *Jr yen Ans►vered "Yes" to quesllan 32 above, )•ou u»lsl comptelo tha rcm)nluder of tills Dlsdosure Slatellicnl, If you nusivered "Rio" or "No Z Represenfill lon" to question 3z nbove, you do iral need to nnsiver Ilia remnlllh)F qucs1101►s allfills DISClosure Sin(emenl, Skip to tine holtoif) eo (J 00 of (lie last pogo Pull fill{( mid d to Ilia price. io n (D `~ Owner hridols and Date 02 Owner trlftials and Date cX W Z to Purhaser htittrts and Date Purchaser lufliols urd Date 5g z W a rage z ON i > i'+oduced s•Alh 71pFoiml)by tlpLoplx 10070 Fifteen 1-1110 Road, Fraser, t.lichtgan 48026 $W v.zs WLo4ix.r= I+red Alexander U i2 33. Am oily fees chorged by the nssocimion or by (lie n3socln11011's ulanagcnicnt company In connection will) [lie YU %5 ttenreset�tnuon eo)11'OYAIiee or lmosfer of the 101 or properly to a new olvilcr? if your answer Is "yes," plcnse state file muaulif of Ilse fees; Q ❑ 3d. As of lite dole tills Disclosure Stittetienl Is signed, Ord oily dues, fees, or special ossessirlcnls %vinicl► (lave been duly opprovcd as required by the opplicnblo declaration or bylaws, and Clint ore payable to nn nssocinlion t0 WIIicl) the lot Is subject? If your miswer Is "yes," plcnse stole the nniure Odd onlouttt of the dues, fces, or speehl nssassn►cnls to wi►leh 1110 property Is subject,- d O 35, As of file dale this Disclosuro Slntemcnt is slgncd, Oro More oily unsntisfled judgments ogrilml, or pending lawsuits Grio11>1118 1II0 Properly ur 101 to be eonveyedl If your oviswer is "yes," please slate the nature of each pending lawsuit, and the rnnount nfeach ansmisfied judgmeil: Cl ❑ .16, As of the dale tills Disclosure Statc llelit Is signed, Ora there mty unsatisfied judgments egamsl, or pending iawsuils lu)-olrhtg the plamied enmr minks. o)• llte assoelailm 10 rvldch the properly and 101 arc Subject, Willi I11e exceplton of oily action filed by the ASSOelatloii for the colleeliolt of deliuquegt Ossessruenls on lots olher than lite property and lot to he conveyed? If your ouswer is "yes," plcosc 311110 lite nature of cacti lending In)vsuii, and the amount of eacli utisattsfled judgment; ❑ ❑ U z Z 37. Wilieh of the following services and amenities are paid for by the owder3' nssociatiou(s) identified above out of the Ossoelnli011's regular nssassilleilts ("dues")? (Check all that apply). W C) co o _� (rj CV �n v Itcnret`tLiiLttlen Wz Ll'1' h-hufagcment f CeS.......................................................................................o..............,.,......................o.....ow,.,i.n.n Ur� ....nn'.n. iimfcrior 1luildiu8 hloinienoi►ce ❑ ❑ Q of Propelty to be Convoyed................................................................................................. G Q 13xfcrior YnedlLondscophng hiablteoiuico ❑ ❑ ❑ W2 of Lot to be conveyed.......................................................................................... ❑ ❑ ❑ Common Areas hh)hnlenanco..................................................,.....................,.. ❑ ❑ ❑ pTrash Retrieval........................................................................................................................................................................ ❑ ❑ Recreational An►eully, A101111 unllce(specify allmlilles covered) o ❑ ❑ Pest Treat ment/11mcniiiiinlion............................................................................................................................................... d ❑ ❑ SireetLighls..................... ........................................... .............. ..........................................•..........,..,.,,......,....,........,......,,..,. Q ❑ ❑ Water.................................................................................................................................................................................... ❑ ❑ ❑ Sewer...................................................................................................................................................................................... Sfelul wiltel tiSnllagcn)ent/IlrnlnagclPat)ds........................................................................................................................... ❑ ❑ U tilleniet Sm'fco....................................................................................................................................................................... ❑ ❑ ❑ Cablo....................................................................................................................................................................................... ❑ ❑ ❑ Private Road hintntc►lnaco.................................................................................................................... ............................... ❑ O i❑ Puking Arun trtaintemitice..................... ........... .................. ......................................................... ..........................................I ❑ Cl ❑ Onto mid/or Security............................................................................................................................................................. [] O ❑ Other; (specify) Owner btEtiOls and Dnto Owner hdllal3 and Datc � Porchnser initials and Date Purchaser hnitinis and Dalo 7 Page •! of •! PlodLKodvAllizrpFormfllr/zlpLootx tooloftneeni.WoRoad, Freser,Alld4aan•iso2a 1"WLzpl.4Qir.con) lrcedAtexoudcr a t oc STA'I'E Or NORTH CAROLINA MINERAL AND OIL AND GAS RIGHTS MANDATORY DISCLOSURL+' S'I' THMRNT Inslruellotls to Property Owners I, Tho Resldentlal Properly Disclosure Act (C.S. 4713) ("Disclosure Act") rerynfres owners of certnfn residential real estate such as single-fAnnlly (tomes, hudivldual coltdoni;nlums, towttltoases, turd [Ito liko, and buildings wlih up to four dwelling units, to furtilsh purchasers a Mineral And Oil and Gas Rights Disclosure SwIcnlem ("Disclostire statement" ), This form is lite only one approved for this purposo. 2. A disclosure slatement is not r liti-ed for some Irausnetions, Por a completo list of exemptions, see G.S. A pISCLOSURE STA'1'YMENT IS 11�?QUIIMD FOR THE TRANSFERS IDENTIFIED 1N G S 47L+ 2(i►), including transfers Involving lite first sale of a dwelling never Inlnablted, lease with option to pill-ehmse conlracls where the lessee occupies or inleuds to occupy the dwelling, mud transfers between pa►ties whorl both Parlles agree trot to provide lite Residential Property and Owner's Association Disclosure Statement, 3. You must respond to each of ti►e following by placing a check J in lho appropriate box. MINERAL AND OIL AND GAS RIGHTS DISCLOSURE !•111leral rights find/or oil nud gas rights ennl be severed from flue Mlle to real properly by conveynrtce (deed) of the mineral rights nlldlor oil cold has rights fl,olm the owner or by reserw►Hon of (ate numeral rights and/or oil and gns rights by the owner, if mineral rigghts nud/or all find gas rlgil(s are sal will be severed from the property) (he owner of those rights uloy Ilnwe (ire perpelmll right to drlll, illise, explore, ntld remove any of pro subsurface ulllneral find/or oil or gas resources all or font (Ile property ellhelr directly (burn lite surface of the property or from a nearby lucn(lou, With regard to the severance of mineral rlgilis and/or oil and gas rights, Seller mattes the following disclosures! Yes No No Itepresenlation Buyerinlltnis L illitternl 0glits were severed froth Ilse property by n pl•evlous olviler, El U PJ buyer Initln1s 2, Seller hassevered (lie mineral rights from lite property, 1:1 91 Buyer Fttlltnls 3. Seller intends to sever Ilse mbieial rights 11,ou1 tile pl'aperty prior to 0 191 transfer of Hite (o file Buyer, Buyer Irdlinls 4, Oil and gas rights were severed I)rom Ito property by a previous owner, Ci L) m Buyer initials 5, Seller hasseweved the oil mitt gas rights from (Ike property. U Buyer 111WRIs 6, seller Intends to sever (he on and gas rights fl•ottt lite properly pirlm, Q m to lransfel, of title (o Buyer, Note to Purchasers If Ito owner does not give you a Mbteml mid OiI nad Gas Rights Disclosure Stntemtem by lite thne you make your offer to purchase 1110 property, or exercise all option to Purehaso the property pillsuant to a lease with all option to purchase, you slay tinder celtaint conditions cancel any resulfiug contract without penalty to you ns lite purchnser. Tn cancel III@ contract, you must personally deliver or mall written notice of your decistom to ennccl to (lie owner' or rho oitvlet's agent within three calendar days following your receipt of this Disclosure Statement, or three calcmdar days following late date of tine contract, Whichever occurs first. However, In fro event does late Disclosure Act petait you to cancel a contract nflerselilemcm of lite (mmection or (lit lite case of a snio or exchange) after you have occupied (Ito property, widcliever occurs C►sl. Property Address: 45D North Anderson, Topeail Bannh, 20445 Ownet's Name(s); Frederick Lawrence Alexander, Susan Carraway Alexander Owner fs) aekuowledge having eea►ltbtcd lifts Disclosto•e Staremml before slgnIng and that all ht(ormntion is Into and correcl es of the dale signed. Owner Slgnnture: `7 Praderiok Lawrenee Alexondor Date, �3~ Owner Slgllmhtt> , t? Susan Carraway Aloxander Dmle_ 9�a' Pluchaser(s) rrckllolrledge ►Weeept gj a cohy of this Disclosure Statement, that they have exambied it before slgllblg, that the), ruule►stand that this is not a lrarrm ty by oat"►ter or owner's agent, and that lire representations are made by the owner and not lite owner's agent(s) or subagent(s). Purchaser Siglia(oro; Date Purchaser Sigtinllim: Dnlo 1, RI!C J,2S lw- Co3slol Carolina Real L►state, LLC, 1377S Hwy 50 Slc 401 Surf City, he 28445 111/15 11hono:1.910.470.1478 ljaxr 1-910•310.0703 lncklolames Pred Alcmndcr Piod�cedv.Gh�tproimflb/:'pioptr(t1078FiRcen►/loaa3d,Fraiof,Idkng��a07A Yx1utP�1h6�► DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency ELEVATION CERTIFICATE OMB Control Number: 1660-0008 IMPORTANT: FOLLOW THE INSTRUCTIONS ON PAGES 9-16 Expiration 11/30/2018 Copy afl pages of this Elevation Certificate and all attachments for (1) community official, (2) Insurance agent/company, and (3) building owner, SECTION A - PROPERTY INFORMATION FORM INSURANCE COMPANY USE Al. Building Owner's Name Policy Number: NICK PHILLIPS A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Company NAIC Box No. Number: 459 NORTH ANDERSON BOULEVARD City TOPSAIL BEACH State NC Zip Code 28445 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) 9224 SQ.FT. TRACT ON INC HIGHWAY 50 A4. Building Use (e.g., Residential, Non -Residential, Addition, Accessory, etc.)RESIDENTIAL A5. Latitude/Longitude: Lat. 34d23'17" N Long.77d36'00"W Horizontal Datum: t- NAD 1927 (: NAD 1983 A6, Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. AT Building Diagram Number 6 AS. For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) 1199 sq it a) Square footage of attached garage N/A sq ft b) Number of permanent flood openings in the 0 b) Number of permanent flood openings crawlspace or enclosure(s) within 1.0 foot in the attached garage within 1.0 foot 0 above adjacent grade above adjacent grade c) Total net area of flood openings in A8.b 0 sq in c) Total net area of flood openings in A9.b 0 sq in d) Engineered flood openings? ( Yes G No d) Engineered flood openings? (" Yes (: No SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name & Community Number B2. County Name B3. State TOWN OF TOPSAIL BEACH 370187 PENDER COUNTY NC B4. Map/Panel Number B5. Suffix B6. FIRM Index Date B7. FIRM Panel Effective/ B8. Flood Zone(s) B9. Base Flood Elevation(s) 3720422300 J Revised Date VE (Zone AO, use base flood Feb 16, 2007 Feb 16, 2007 depth 15.0 B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item Bg: (' FIS Profile (i FIRM (- Community Determined (, Other/Source: B11. Indicate elevation datum used for BFE in Item 69: ('. NGVD 1929 (: NAVD 1gaa C, Other/Source: B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? ( Yes G No Designation Date: C CBRS (- OPA SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) Cl. Building elevations are based on: ( Construction Drawings" (7, Building Under Construction" (' Finished Construction C2. Elevations - Zones Al - A30, AE, AH, A (with BFE), VE, V1 - V30, V (with BFE), AR, AR/A, AR/AE, AR/Al - A30, AR/AH, AR/AO, Complete Items C2.a -h below according to the building diagram specified in Item AT In Puerto Rico only, enter meters. A new Elevation Certificate will be required when construction of the building is complete. Benchmark Utilized: NC CORS Vertical Datum: NAVD 1988 Indicate elevation datum used for the elevations in items a) through h) below. (' NGVD 1929 C NAVD 1988 C' Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used. a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 13 0 (: feet ( meters b) Top of the next higher floor 23 0 (: feet C' meters c) Bottom of the lowest horizontal structural member (V Zones only) 21 0 G feet r meters d) Attached garage (top of slab) N A (`feet (" meters e) Lowest elevation of machinery or equipment servicing the building (Describe type of equipment and location in Comments) 18 1 6 feet ('meters f) Lowest adjacent (finished) grade next to building (LAG) 10 - 0 ( feet r meters g) Highest adjacent (finished) grade next to building (HAG) 10 - 7 (: feet (' meters h) Lowest adjacent grade at lowest elevation of deck or stairs, inckiding structural support N A 6 feet meters ELEVATION CERTIFICATE OMB Control Number: 1660-0008 Expiration: 11 /30/2018 459 NORTH ANDERSON BOULEVARD TOPSAIL BEACH NC 28445 SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This ce0cation is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. Were latitude and longitude in Section A [] Check here if attachments. provided by a licensed land surveyor? t: Yes No +�\H CARO'',,, Certifier's Name License Number +0 •'OfESS/O 9��p JAMES A. LEWIS L-4562 +SEW a 4Q Title Company Name PROJECT MANAGER CHARLES F. RIGGS & ASSOCIATES, INC. - LZ a @,` Address City State Zip Code V�42 --Co 502 NEW BRIDGE STREET JACKSONVILLE NC 28540 !r/ U , Signatu Date Telephone Ciyyt s A �i' Jan 25, 2016 +1 (910) 455-0877 Copy both sides of this Elevation Certificate for (1) community official, (2) insurance agent/company, and (3) building owner. Comments (including type of equipment and location , per C2(e), if applicable)" THIS ELEVATION CERTIFICATE IS TO REFLECT THE RAISING OF THE EXISTING DWELLING TO THE ELEVATIONS REFLECTED IN SECTION C. THE TOWN OF TOPSAIL BEACH ADDS A 3.0' FREEBOARD TO THE BASE FLOOD ELEVATION, THEREFORE THE BOTTOM OF THE LOWEST HORIZONTAL STRUCTURAL MEMBER MUST HAVE AN ELEVATION OF AT LEAST 15.9 + 3.0' _ 18.0' (PROPOSED BOTTOM OF BAND = 21.0') `r,nnarp� HE S SEAL i Signature 5, OQ: : Date Jan 25, 2016 SECTION E - BUILDING ELEVATI014 tW O , A" EY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), comple ft FA; I� � Certificate is intended to support a LOMA or LOMR-F request, complete Sections A, B,and C. For Items E1 -E4, use natJi`dl+gia0A4'iIvailable. Check the measurement used. In Puerto Rico only, enter meters. El. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawlspace, rfeel (; meters ❑ above or ❑ below the HAG. or enclosure) is b) Top of bottom floor (including basement, crawlspace, ❑ above or ❑ below the LAG. or enclosure) is dfeltt (" meters IE2. For Building Diagrams 6 -9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 8 -9 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is t feet (' meters ❑ above or ❑ below the'HAG. E3. Attached garage (top of slab) is C feet C^ meters ❑ above or ❑ below the HAG. E4. Top of platform of machinery and /or equipment ;servicing the building is t^ tNt t meters ❑ above or ❑ below the HAG. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? �^ Yes C No (-` Unknown. The local official must certify this information in Section G. SECTION F - PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA-issued or community -issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge. Property Owner or Owner's Authorized Representatives Name: Address City State ZIP Code Signature Date Telephone Comments RECEIVEU DCM WILMINGTON, NC JAN 2 6 2016