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HomeMy WebLinkAboutNTB_12-07_ Wellman'sIssued by WiRO North Topsail Beach Am�N CAMA MINOR DEVELOPMENT PERMIT NTB12-07 Permit Number as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to Wellman's Construction, Inc., authorizing development in both the Estuarine Shoreline (ORW) and Ocean Hazard (AEC) at 2807 Island Drive, in North Topsail Beach, Onslow County as requested in the permittee's application package, dated revised on March 16, 2012. This permit, issued on April 5, 2012, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: Construction of a single family residence. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on February 22, 2012 and March 14, 2012. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at (910) 766-7221 for a final inspection at completion of work. (5) The structure must set back a minimum of 60 feet from the first line of stable natural vegetation, as determined by the DCM, or other assigned agent of the DCM. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project_ E modification not covered under this permit, require further written per,", , approval. All work must cease when this permit expires on: December 31, 2015 OCT 2 6 2012 Jason Dail CAM LOCAL PERMIT OFFICIAL 127 Cardinal Drive Extension Wilmington, NC 28405-3845 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferredto WIL.MINGTOW another party without the written approval of the Division of Coastal Name: Wellman's Construction, Inc. Minor Permit # NTB 12-07 Date: April 5, 2012 Page 2 (6) The permittee is required to contact the Local Permit Officer (910) 796-7221, shortly before he plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (7) All buildings constructed within the Ocean Hazard AEC shall comply with the NC Building Code, including the Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. (8) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation. (9) All pilings shall have a tip penetration greater than eight (8) feet below the lowest ground elevation under the structure. The deck shall be constructed independently from the residence and shall be structurally detached. (10) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetate and stabilized (planted and mulched) within 14 days of construction completion. (11) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC rules. (12) The amount of impervious surface/coverage shall not exceed 1,144 square feet within 575 feet of the Normal High Water line. (13) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all development/construction shall be located a distance of 30 feet landward of Normal High Water. (14) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. OCT 2 6 2012 WIL'MINGTON, NC SIGNATURE:L'_a`-L�L �'� DATE: (� 1' �` PERMI TEE LAND Name Address City j cioo State t 4 Zip `f `f hone Email e15 t,t1�i�CC�t(Ut lvie% AUTHORIZED AGENT Name Address City — Email State Zip Pltone LOCATION OF PROJECT: (Addr s, street name and/or directions to site. If not oceanfront, what is the name of�he - adjacent waterbody.) ����� Q j [`JKY/ [;�T(y I Pji (s� c DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance. SIZE OF LOT/PARCEL: square feet acres PROPOSED USE: Residential lff-- (Single-family B—Multi-family ❑ ) Commercial/industrial ❑ Other i❑ COMPLETE EITHER (1) OR (2) BELOW (Contacl your Local Permit Officer Tf you are not sure which AEC replies to your properly): I (I) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE square feet (iri�r-ludes air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground levO but excluding non -load -bearing attic space) �i (2) COASTAL SHORT! rNE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUI i UPON SURFACES: -4 qV -are feet (includes the area of the roof/drip line of all buildings, driveways, covered d eks, concrete or masonry patios, etc. that are within the applicable ACC. Attach your calculations with the project dravvif1',g.) STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormw�ter Management Permit issued by the NC Division of Water Quality? i! YES Nd)6 If yes, list the total built upon area/impervious surface allowed for your lot or parcel: square feet.:� MAR 15 2012 I ')CAA W11 MIN(yTC)N WC` OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others, Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: 1, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying: for a CAMA minor development pennit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) ,-an owner or record title, Title is vested in see Deed Book KD - page %% U in the ! 5 IGO 4Cmty Registry of D s. an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. X_if ether interest, such as written contract or lease, explain below or ease crate sheet & ttach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I furthennore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit, (Name) i n as-, --Ik ACKNOWLEDGEMENTS: 11, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. 1 acknowledge that the Local Permit Officer has explained to me the particu- lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofing techniques. I furthermore certify that I ant authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection withevaluating information related to this permit application. This the _ day o _ �, 2 l� J Landowner or person authorized to act as his/her agent for purpose of filing a CAMA permit application This application includes: general information (this f n-nr), a site draining as described oil (lie hack of this al)1 cation, the ownership statement, the Ocean Hazard AECNotice where necessary, a check for $100.00 made1)gyable to the locality. and any information as rrray he provided orally by the al7plicatt. They details of the application as described by these sources are incorporated without rclererrce in anv permit which mat- be issued. Devialion fironn those details 1 e viola ion of any permit. Anv person developing in an A C..' u-ithout permit is subject to civil, Criminal all C, if U /I, tl �. �r rt: IL� 1I 'ON, NC FEB 2 2 2012 Q=��. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director June 1, 2012 Wellmans Construction, Inc. Attn: Angie Edens PO Box 8 Holly Ridge, NC 28445 Dear Ms. Edens: Dee Freeman Secretary Attached is CAMA Minor Development Permit # NTB12-14 for work to be done at 295 Seashore Drive, in North Topsail Beach, Onslow County. In order to validate this permit, please sign both copies as indicated, for our records. Please retain the gold copy for your files, sign both pages of the white copy, and return to us within 20 days of receipt, in the enclosed, self-addressed envelope. This is not a valid permit until it is signed and returned to our office Accordingly, I am enclosing the previous letter that I sent to you on April 9, 2012, requesting signatures and return of CAMA Minor Permits NTB12-07, 12-08, and 12-09. Please be reminded that these permits are not valid until they are signed and filed with our office. Thank you for your prompt attention to this matter. Sincerely, Shaun K. Simpson Permit Support Technician Enclosures cc: WiRO files 127 Cardinal Drive Ext., Wilmington, NC 28405 One Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net NorthCawlina ��A NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director April 9, 2012 Wellmans Construction, Inc. Attn: Angie Edens PO Box 8 Holly Ridge, NC 28445 Dear Ms. Edens: Resources Dee Freeman Secretary Attached are CAMA Minor Development Permits # NT612-07, 08, & 09, for work to be done at 2807, 3279, and 3829 Island Drive, in North Topsail Beach, Onslow County. In order to validate these permits, please sign both copies of each permit as indicated for our records. Please retain the gold copies for your files, sign both pages of the white copies, and return to us within 20 days of receipt, in the enclosed, self-addressed envelope. This is not a valid permit until it is signed and returned to our office Thank you for your prompt attention to this matter. Sincerely, Shaun K. Simpson Permit Support Technician Enclosures cc: WiRO files 127 Cardinal Drive Ext., Wilmington, NC 28405 One Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net NOrthCat-oltna OCEAN HAZARp AEC NOTICE Project is in an: T,T Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area Froperty Owner: F-roperty Address: Date Lot Was Platted: ikv (ka k_J This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must he relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is -;2- feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. St digs also indicate that the shoreline could move as much as 0 feet landward in a major storm. The Mood waters in a major storm are predicted to be about U feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. 4 - e� �, / , '.) .r --21 1 [ o-- Property Owner Signature Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be re -measured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-day period will necessitate re -measurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more information, contact. Local Permit Officer NC r'Ffo 0e CO, i,-^ k VA ANAGF.rZ. NT Locality Phone Number RECEIVED DCM WILMINGTON, NC MAR 1 6 2M Revised May 2010 Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront, you take a calculated risk. ?Natural forces of water and wind collide with tons of force, even on calm days. Man-made structures cannot be guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year, and, sooner or later, will threaten oceanfront structures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are intended to avoid an unreasonable risk to life and property, and to limit public and private losses from storm and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge, you can make a more informed decision about where and how to build in the coastal area. The Rules When you build along the oceanfront, coastal management rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront, less than 5,000 square feet in size, must be behind the frontal dune, landward of the crest of the primary dune, and set back from the first line of stable natural vegetation a distance equal to 30 times the annual erosion rate (a minimum of 60 feet). The setback calculation increases as the size of the structure increases [15A NCAC 7H.0306(a)(2)]. For example: A structure between 5,000 and 10,000 square feet would require a setback from the first line of stable, natural vegetation to a distance equal to 60 times the annual erosion rate (a minimum of 120 feet). The graduated setback continues to increase through structure sizes greater than 100,000 square feet. RECEIVED DCM WILMINGTON, NC MAR 1 6 i612 PERMITTED STRUCTURE; ADEQUATE SETBACK The Reasons The beachfront is an ever -changing landform. The beach and the dunes are natural "shock absorbers," taking the beating of the wind and waves and protecting the inland areas. By incorporating building setbacks into the regulations, you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm tides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June 1979, might prove a hardship for some property owners. Therefore, they established an exception for lots that cannot meet the setback requirement. The exception allows buildings in front of the current setback, if the following conditions apply: I) the lot must have been platted as of June 1, 1979, and is not capable of being enlarged by combining with adjoining land under the same ownership; 2) development must be constructed as far back on the property as possible and in no case less than 60 feet landward of the vegetation line; 3) no development can take place on the frontal dune; 4) special construction standards on piling depth and square footage must be met; and 5) all other LAMA, state and local regulations must be met. The exception is not available in the inlet Hazard Area. To determine eligibility for the exception the Local Permit Officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear property line setback max. allowable square footage on lowest floor PRE PERMIT Sl RUCI I)Rt. INADEQUATE SETBACK PRE -STORM BEACH PROFILE - POST -STORM BEACH PROFILE ONE YEAR AFTER STORMtHEACH REBUILDING After the storm, the house on the dune will be gone. The other house has a much better chance of survival. NCDENR North Carolina Department of Environment and Natura Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director March 19, 2012 Wilmington.classified@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Wellmans Construction x 3 Minor Public Notice Resources Kyle: Please publish the attached Notice in the Wednesday, March 21, 2012 issue. Dee Freeman Secretary The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit of the published notice to Melissa Sabastian, 400 Commerce Avenue, Morehead City, N.C. 28557 (252) 808-2808. Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson at Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a fax of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun Simpson Permit Support Technici Enclosure cc: File Copy Michele Walker - DCM 127 Cardinal Drive Ext., Wilmington, NC 28405 Une !-� .,.----...-.-... _ 1XTnrth(''krnlin-I CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an agency authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that on March 14, 2012, Wellmans ConstructioZs: lied for a CAMA permit construct a single family dwelling at each of the following locatio2807, 279, & 3829 Island Drive, adjacent to the Atlantic Ocean and Stump Sound in North Topsail Beach, Onslow County. The applications may be inspected at the address below. Public comments received by April 5, 2012 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Jason Dail Field Representative Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 796-7221 CAMA PERMIT APPLIED FOR • • • • • • I " • • • T• • • i 1 ♦ ft i • irn I 91OLL-LVA a M aw i - : _111 L- - -TAK COMMENTS ACCEPTED THROUGH March ZS_ 2072 APPLICANT: TF�OIR MORE DETAILS CONTACT Nl��IV. OT Coasta OFFICER BELOW: Wellmans Construction, Inc. � PO Box 8 127 Cardinal r. Ext. Holly Ridge, NC 28445 Wilmington, NC 28405 Jason Dail, Field Representative .MA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Dee Freeman Beverly Eaves Perdue Braxton C. Davis Secretary Governor Director February 27, 2012 Ms. Angie Edens Wellman's Construction, Inc. PO Box 8 Holly Ridge, NC 28445 RE: INCOMPLETE APPLICATION ADDITIONAL INFORMATION REQUIRED APPLICATION NUMBER— NTB 12-07 PROJECT ADDRESS — 2807 Island Drive, North Topsail Beach Dear Ms. Edens: The Division of Coastal Management's Wilmington Regional office received a CAMA Minor Permit application from you on February 22, 2012, requesting approval for development activities at 2807 Island Drive in North Topsail Beach, Onslow County. In reviewing your application, we have discovered that additional information is needed to complete the review process. Accordingly, I am requesting that you submit the following additional information to this office: 1. On page 1 of the application, please complete the space for "DESCRIPTION OF PROJECT". 2. On page 1 of the application, please indicate which Area of Environmental Concern (AEC) the project is located in and indicate either the total floor area of the proposed structure (if in the Ocean Hazard AEC) or the size of the buildable footprint and other impervious or built upon surfaces (if located in the Coastal Shoreline AEC). In this particular case, it appears that both AEC's are applicable (Ocean Hazard and Coastal Shoreline) and therefore both portions of the application should be completed. 3. On 2/7/2012, 1 located the First Line of Stable Natural Vegetation (FLSNV) associated with this property; however, because of undefined property boundaries and dense vegetation, I was unable to locate the Normal High Water (NHW) line located to the north and west of the property. Based on aerial photography, it appears that the property, and proposed development, is located in both the Ocean Hazard and Coastal Shoreline (ORW-575') Areas of Environmental Concern. 4. ON the site drawings/plot plan, please show and label the FLSNV, the Total Ocean Hazard AEC (measured 270' from the FLSNV), the Normal High Water (NHW) boundary, the 575' ORW AEC (as measured from the NHW boundary) and any/all wetlands. 5. If it is determined that any portion of the development plan lies within the Ocean Hazard AEC (270' from the FLSNV), you will need to provide a signed Ocean Hazard AEC Notice, signed and dated by the property owner. 6. Please submit a check or money order made payable to NC DEN in the amount of $100.00. We cannot complete the processing of your applications without payment of this fee. In accordance with the Department of Environment and Natural Resources regulations, we note that the application, as submitted on February 22, 2012, is incomplete for processing. Upon resubmission of a complete application, a local decision will be made in 25 days, provided this period is not extended as provided by law. Please contact me at 910-796-7221 if you have any questions. 127 Cardinal Drive Ext.. Wilminaton. NC 28405 1NvrtliCnrnl;n-a Ms. Edens Page Two Add. Info. letter NTB 12-07 — 2807 Island Drive, North Topsail Beach Respectfully yours, )41onDail Field Representative Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Cc: WiRO file RECEIVED FIRST FLOOR PLAN DCM WILMINGTON, NC SCALE: 7" = 1'-0" FFR 9 9 ifi i9 RECEIVED SECOND FLOOR PLAN DCM WILMINGTON, NC rrn n n ftMn Eon - RECEIVED DGM WILMINGTON, NC rrn n n '�i M WATERFRONT ELEVATION SCALE: 3f6" = P-0" STREET FRONT ELEVATION SCALE.- )fe" = V-0" SEEM, !■ ■■ !Lmom nION m RECEIVED DCM WILMINGTON, NC r r n ct o i' 19 Receipts for a Certified e_d (Staple Here) Adjacent Pi vpe � .1.��r=J SS l 1 ai ing Address C C4, State, Zip Code Dear Adjacent property: This letter is to inform you that I, Property Owner ave applied for a CAMA Minor Permit on my property at n �(it lri (� I 1 Property Address b-.�—, in COUNTY County. As required by CAMA regulations,1 have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed n objecti n form. If you have any questions or comments about my proposed project, please contact me at �� plicant's Telephone ,or by mail at the address listed below, If you wish to file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit them to: LPO NAME Local Permit Officer for LOCAL GOVERNMENT LOCAL GOVERNMENT ADDRESS CITY, STATE, ZIP CODE Sincerely, Cb" Owner Mailing Udress Oc a�u14e City, state, Zikode RECEIVED DCM WILMINGTON, N FEB 2 2 2012 o Postage $ m Certified Fee 0 p Return Receipt Fee ::3 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 0 0 Total Postage & Fees WIWINGTON, NC FEB LJ or" A 12 re 011/17/2Al2 Sent To `\� Sfreef, AptNo.i 4 ..... ...............--------------------- ---PO Box No. v l �Y �`' S1 \ / ti City State, ZIP+4 , \ �+ KI ` I, VJw N ` � c::> I ertified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years mportant Reminders: ■ Certified Mail may ONLY be combined with First -Class Mailo or Priority Mails Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpieoe "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. 'S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 Receipts for rtlfle II (Staple Here) r icing ddress City, State, Zip CodeC. �( Dear Adjacent Property: This fetter Is to Inform you that I,� ''\\ r� Property Owner have applied for a CAMA Minor Permit on my property at r u i Property Address in COUNTY County. As required by CAMA negulafions, I have enclosed a co of drawings) as notification of m Proposed PY m Y Permit application and project Y P posed project No action is required from you or you may sign and return the enclosed n jeC n �m,IYou have any q�pons or comments about my proposed project, please contact me at Applicant's Telephone or by mail at the address listed below. If you wish to file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit them to: 9 „ . ,-- ,�. - ,1 d r . I. LCA NAME .1 `' , Local Permit Officer for LOCAL GOVERNMENT N�� t � LOCAL GOVERNMENT ADDRESS CJ t l CITY, STATE. Zip cnr)E RECEIVED DCM WILMINGTON, FEB 2 2 �012 d= 3 D r Postage I $ D Certified Fee D D Return Receipt Fee D (Endorsement Required) D _.T $2.95 033 P'pefe1k2012 Restricted Delivery Fee D (Endorsement Required) W I L M IN (---,TON, D - D Total Postage & Fees $ 0=E 17/ �12 R Sent o D D �treei, Apt. No.; �-y.� ,, orPOBox N-- .C� 1 City, State, ZIP+4 C agy � Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Retum Receipt may be requested to Provide proof o delivery. To obtain Return Receipt service, please complete and attach a Retun Receipt (PS Form 3811) to the article and add applicable postage to cover thi fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiverfo a duplicate return receipt, a USPS® postmark on your Certified Mail receipt 11 required. ■ For an additional fee, delivery may be restricted to the addressee c addressee's authorized agent. Advise the clerk or mark the mailpiece with th endorsement 'Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. If a postmark on the Certified Ma receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 Receipts for �.-O '! it (Staple Here)�' Dear Adjacent property: This letterls to inform you that I, �� ���PPffed properly Owner for a CAMA Minor Permit on my Property at property Address �r In COUNTY 0". As required by CAMA regulates, I have enclosed a co drawing(s) as notification of m py of my permit application and project y proposed project. No actlon is required from you or you may sign and return the Objection enclosed n form. If you have any questions or comments about my proposed project, please contact me at 1 licant's Telephone ,or by mail,et the address listed below. If you wish to file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Pro them to: gram, you may submit Sincerely, LPO NAME Local Permit Officer for LOCAL GOVERNMENT uPae�� LOCAL GOVERNMENT ADDRESS CITY, STATE, ZIP CODE `')Ajb,U�_ lip: r1 C�1 lx, �I RECEIVED DCM WILMINGTON, N FEB 2 2 202 r r a r a 7 M TY'F, " . fr I A Postage $ 0. E 8 I V E D L "'I Certified Fee IL1 IINGTON, NC Postmark SO . LIO FEB Return Receipt Fee (Endorsement Required) [� 2 2HM 12 Restricted Delivery Fee��.QQ (Endorsement Required) � Total Postage & Fees 1 $ $?.61) C12/17/2012 entTo _ n_ _�v ------'--(-•------------------ [J' --I--�----•-------------------- 3`treef, or PO Box No. 23 -------------- City, State, ZIP+4 �f A ` l Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mailo or Priority Mail • Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Return Receipt service, please complete and attach a Returt Receipt (PS Form 3811) to the article and add applicable postage to cover tht fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fo a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i; required. ■ For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with thi endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. If a postmark on the Certified Ma receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 Receipts for Certified Mail (Staple Here) Date AdW, ripe rtyi _owner Main&Address _1 _J n t T ,-,, , .-, 0 City, State, Zip Code Dear Adjacent Property: '3 `Q,(r_, This letter is to inform you that I, y �l MD—n have applied for a CAMA Minor Property Owner Permit on my property at j� Q acpw 01- . in COUNTY Property Address County. As required by CAMA regulations, t have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me at ' 3J_ or by mail at the address listed below. If you wish to Applicant's Telephone file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit them to: LPO NAME Local Permit Officer for LOCAL GOVERNMENT LOCAL GOVERNMENT ADDRESS CITY, STATE, ZIP CODE Sincerely, l W PropertyOwner 1�. 1 1, J 0lYlll M ilin Address P�A Rlv IBC�s- City, State, Zip Code N C�jC, 0��341vL RECEIVED DCM WILMINGTON, NC FEB 2 2 2012 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required)nCR Total Postage & Fees $ R " 1w 032 P6suAn}k�2 Here 1 LM N G i ®N s N 02!17/2012 $2.95 (j (�jj f S3. 60 Sent To TtV �� r q� SVeet, Apt. N............................ ------- --------- o.; r ���-]Q or PO Box No. '-""""" ' ---"- - --- -- --------------------------- City, State, ZIP+4�h �, i Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mailq ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to Provide proof o1 delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby certify that 1 own property adjacent to Prop" located at (Name of Property Owner) Address, Lot, Block, Road, etc.) on , (WaterbodY) in N.C. (Town and/or County) He has described to me as shown in the attached application and project drawing(s), the development he is proposing at that location, and, I have no objections to his proposal. APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) Signature Nrint or Type Name ►elephone Number Date RECEIVED 1 DCM WILMINGTON, NC1 FEB 2 2 2012 U.S. DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency National Flood Insurance Program ELEVATION CERTIFICATE Important: Read the instructions on pages 1-9. OMB No. 1660-0008 Expires March 31, 201: SECTION A - PROPERTY INFORMATION I�:For,tnrapee:CpmpAyly Al. Building Owner's Name 'QIIgy Nlltnpet James Lan''x, k, A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. �Tnaatt'tyAlumpec 2807 Island Drive City State ZIP Code North Topsail Beach NC 28460 A3, Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Tax Parcel ID 808-38, Lot 6 Block 26, MB 14 pg 49 A4. Building Use (e.g., Residential, Non -Residential, Addition, Accessory, etc.) Residential A5. Latitude/Longitude: Lat. 34° 27' 30.73" Long. 77° 29' 25.94" Horizontal Datum: ❑ NAD 1927 ED 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 5 A8. 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) N/A sq ft a) Square footage of attached garage NONE sq ft b) No. of permanent flood openings in the crawlspace or b) No. of permanent flood openings in the attached garage enclosure(s) within 1.0 foot above adjacent grade N/A within 1.0 foot above adjacent grade 0 c) Total net area of flood openings in A8.b NIA sq in c) Total net area of flood openings in A9.b 0 sq in d) Engineered flood openings? ❑ Yes ® 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 I 370466 North Topsail Beach I Onslow NC B4. Map/Panel Number B5. Suffix B6. FIRM Index 67. FIRM Panel 138. Flood B9. Base Flood Elevation(s) (Zo 3720426600 J Date Effective/Revised Date 1 Zone(s) AO, use base flood depth) Feb. 16, 2007 November P, 2005 "AE" 10.0' 610. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in item B9. ❑ FIS Profile ® FIRM ❑ Community Determined ❑ Other (Describe) Bl l . Indicate elevation datum used for BFE in Item B9: ❑ NGVD 1929 ® NAVD 1988 ❑ Other (Describe) B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? ❑ Yes ® No Designation Date ❑ CBRS ❑ OPA SECTION C - BUILDING ELEVATION INFORMATION (sWKVtr Ktt,turrctu) Cl. Building elevations are based on: ® Construction Drawings" ❑ Building Under Construction" ❑ Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. ��RF A`/ A AO. Complete Items C2.a-h AR, AR/A A A 'rA Q P C2. Elevations - Zones Al-A30, AE, AH, A (with BFE), VE, V1-V30, V (with BFE), below according to the building diagram specified in Item AT Use the same datum as t 1NILMING`f0N, N Benchmark Utilized NCGS "PUBLIC" FEB L 5 Vertical Datum NAVD88 2 I Conversion/Comments NONE Check the measurement used. a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 12.00 ® feet ❑ meters (Puerto Rico only) ® feet ❑ meters (Puerto Rico only) b) Top of the next higher floor N/A the lowest horizontal structural member (V Zones only) N/A ® feet ❑ meters (Puerto Rico only) c) Bottom of N/A ® feet ❑ meters (Puerto Rico only) d) Attached garage (top of slab) of machinery or equipment servicing the building 12.00 IQ feet ❑ meters (Puerto Rico only) e) Lowest elevation (Describe type of equipment and location in Comments) ® feet El meters (Puerto Rico only) f) Lowest adjacent (finished) grade next to building (LAG) 7. feet meters (Puerto Rico only) ®❑ g) Highest adjacent (finished) grade next to building (HAG) .1 7.1 ® feet ❑ meters (Puerto Rico only) h) Lowest adjacent grade at lowest elevation of deck or stairs, including structural support SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification 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. ��, •�� • t/fii I understand that any false statement may be punishable by fine or imprisonment under 18 U. S. Code, Section 1001. O 40F ❑ Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a µ - licensed land surveyor? ® Yes ❑ No Certifier's Name License Number • •.p ';a L-2904 Gairy 1.Canad Title Company Name Professional Land SurveyoC Gairy Canady Surveying CityState ZIP Code Address ^� � n t, / oi, hrry dc NC __ 28574 IMPORTANT: In these spaces, copy the corresponding information from Section A. For Insurance Company Use: Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number 28a7 Island Drive City State ZIP Code Company NAIC Number North Topsail Beach NC 28460 SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for (1) community official, (2) insurance agent/company, and (3) building owner. Comments .i Sig,Taaate 2/2112 ❑ Check here if attachments SECTION E - BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items E1-E5. If the Certificate is intended to support a LOMA or LOMR-F request, complete Sections A, B, and C. For Items E1-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. E1. 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, or enclosure) is ❑ feet ❑ meters ❑above or ❑below the HAG. b) Top of bottom floor (including basement, crawlspace, or enclosure) is ❑ feet ❑ meters ❑ above or ❑ below the LAG. E2. 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 ❑ feet ❑ meters ❑ above or ❑ below the HAG. E3. Attached garage (top of slab) is ❑ feet ❑ meters ❑ above or ❑ below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is ❑ feet ❑ 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 ❑ 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's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments ❑ Check here if attachmer SECTION G - COMMUNITY INFORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8 and G9. G1. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect whc is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. ❑ A community official completed Section E for a building located in Zone A (without a FEMA-issued or community -issued BFE) or Zone AO. G3. ❑ The following information (Items G4-G9) is provided for community floodplain management purposes. G4. Permit Number G5. Date Permit Issued G6. Date Certificate Of Complranceiuccupancy rssueu G7. This permit has been issued for: ❑ New Construction ❑ Substantial Improvement G8. Elevation of as -built lowest floor (including basement) of the building: ❑ feet ❑ meters (PR) Datum G9. BFE or (in Zone AO) depth of flooding at the building site: [—]feet ❑ meters (PR) Datum G10. Community's design flood elevation ❑ feet ❑ meters (PR) Datum Local Official's Name 1t1e R E C E l V C u Community Name Telephone DCM WILMINGTON, N Signature Date FEB 9, 2 'N 12 Comments Jan-30-12 09:22P P.03 OFFER TO PURCHASE AND CONTRACT -VACANT LOT/LAND f Consult "Guidelines" (form 12G) for guidance in completing this form] NOTE: I'his contract is intended for unimproved real property that Buyer will purchase only for persona) use and does not have ,mrnediatc plans to subdivide. It should not be used to sell property that is being subdivided unless the properly has been platted, properly approved and recorded with the register of deeds as of the date of the contract. if Seller is Buyer's builder and the sale 11�01ves the construction of a new single Iamily dwelling prior to closing, use the standard Offer to Purchase and Contract - New i.i�truction (form 8(.►O-I') or, it' the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New m>u'uction Addendum (I ono 2A3-•r). <,r valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller up on acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (togetherthe "Contract"). I. TERMS AND DEFINITIONS: 'Me terms listed below shall have the respective meaning tenn. given them as set forth adjacent to each (a) "Seller": JAMES LANG (b) 'Buyer' WELLMAN'S CONSTRUCTION INC. (c i 'Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. Street Address: _ 2807 ISLAND DRIVE C'it>: NORTH TOPSAIL BEACH ,; C'ount� : P 28460 ONSLOW . North Carolina (VOTE: Governmental authority over taxes, toning, school districts, utilities and mail delivery may differ loom address shown.) Legal Description: Womplete.4/1 applicable) Plat Kef- rence: t.ot unit 8 Block!Section 25 , Subdivision/Condominium . as shown on Plat BookiSlide 14 at Page(s) 049 Ilre I'1 11'll) or other identification number of the Property is:—619510305 ( )ther description: OCEAN CITY B25 L6 - tiomc or al l of the Propeilr may be described in Deed Book 3138 at Page _ 775 (d) "Purchase Price": S paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE. made payable to Seller by the Effective Date I BY INITIAL ARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph I(f) with this offer ORXdelivered within five (5) days of the Effective Date 5 of this Contract by cash personal check . official bank check tvire transfer N/A 13Y (ADDITIONAL) EARNEST MONEY DEPOSIT' made payable to Fscrok Agent named in Paragraph l(f) by cash or immediately available funds such as official bank check or wire transfer to be delivered to Escrow Agent no later than NONE TIME BEING OF THE ESSENCE, with regard to said date. N/A BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). RECEIVED 5 N/A BALANCE of the Purchase Price in cash at Set paid with the proceeds ofa new loan)r�ugf;`�1 may be Should Buyer sail to deliver either the Due Diligence Fee or any Initial Ilk or should any Earnest Money Deposit �YEPIc dYtc check or other funds paid by Buyer be dishonored, for any reason, by the institution uptm which the payment is drawn. Buyer steall have one (1) banking day after written notice to deliver good funds to the payee. In the event Buyer does not timely deliver good funds. Seller shall have the right to terminate this Contract upon written notice to Buyer. ®This form jointly approved by: Page I of 8 North Carolina BarAssoeiation _ STANDARD FORM 12-T North Carolina Association of REALTORSS. lne_ Revised 1/2012 ..Jan-30-12 09:22P P-04 e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest nurnies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit". shall be deposited and held in cscrou by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this C'ontrdct is otherwise (crminalcd. In the event: ( I ) this offer is not accepted, or (2) a condition of any resulting contract is not satisfied, then the Earnest klone-, Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the 1-tamest Money i)eposit 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 upon Seller's request as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) 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 Farnest 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 that 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 ackno% ledging the difficulty determining Seller's actual damages for such breach. if legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit. the prevailing parry 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. (0 -Escrow Agent" (insert name): THORP & CLARKE ATTORNEY ti(.)TE: In the event of it dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a �t, • ccnscd real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker. hereby agrees) to retain the • i arrest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the s, parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternativelv. if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Allorney may deposit the disputed monies with the appropriate cleric of court in accordance with the provisions of N.C.G.S. §93A- I FIIF: PARTIES A(iRLI- TIEAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT iN AN 1N1'ERESi' BLARING 'CRUST ACCOUNT AND THAT ANY INTEREST EARNED HIERF:ON SIiALL BE DISBURSED -1'0 THE ESCROW AGENT MONTHLY IN CONSIDERAT ION OF THE EXPENSES INCURRED BY MAIN PAINING SUCH ACCOUN'C AND RECORDS ASSOCIATED THEREWITH. (g) -Effective Date": The date that: (1) the East one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. (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 2 below, to decide .� hether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. i 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 ,.t Closing. The Due I.Migence Fee shall be non-refundable except in the event ofa material breach ofthis Contract by Seller. or if m tills Contract is tetinated under Paragraph 6(I) or Paragraph 9, or as otherwise provided in any addendum hereto. Buver 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 entbi-ceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee. it being the intent of the parties to creaue a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Dili:ence I-ce. "Due il'�►�wee Period": The period beginning on the Effective Date and extending through 5:00 p.m. on 4 o �� Z TIME_ BEING OF THE ESVENCE with regard to said date. (k) "Settlement": The proper execution and delivery to the settlement agent 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 settlement agent's receipt of all funds necessary to complete such transaction. ( I )"Settlement Date": The parties agree that Settlement will take place on / z (the " SCIIIemenl Date"). uniess otherwise agreed in writing, at a time and place designated by Buver. RECEIVED DCM WILMINGTON, NC Page �j�� FEB 2 2 MNDARD FORM 12-T �� , Revised 1/2012 Jan-30-12 09:23P P_05 (m) -Closing": Hie completion ofthe legal process which results in the transfer of title to the Property Rom Seller to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satistactory title. update to the Property following the Settlement: (3) the settlement agent's receipt of authorization to disburse all necessary funds: and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the settlement agent after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the settlement agent in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the settlement agent is not authorized to disburse all necessary funds. then the Closing shall he suspended and the Settlement deemed delayed under Paragraph 10 ( Delay in Sell lement'CIosing). (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental -service fires levied with such taxes, or by an owners' association in addition to anv regular assessment (dues). either ofwhich 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. i "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is fully payable at time of Settlement. RUVER'S DUE DILIGENCE PROCESS: (a )Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. ( NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction 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 he entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Soil, Utilities And Environmental: Reports to determine whether the soil is suitable fior 1 Buyers intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyers intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system. (2) the costs and expenses to install a sewage system approved by an existing Improvement Permil, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit. (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may he obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation. Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association Disclosure And Addendum (Standard Form 2A 12-T) provided by Seller prior to signing this offer. (v) Appraisals: An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements. ck setbas. property boundaries and other issues which may or may not constitute title defects. (� ii)Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect liuvers intended use ofthe Property, adjacent land uses. planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property. and/or any requirement to purchase flood insurance in order to obtain the Loan. t c )Buyer's Obligation to Repair Damage: Buyer shall. at Buyer's expense, promptly repair any damage to the Property resulting from am activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed profe%%ional performing reasonable appraisals, tests, surveys, examinations acid inspections of the Property. This repair obligation shall survive any terminati of this Contract. Ila of RECEIVE DCM WILMINGTON, NC ARRevlFORM rzo 2 Buyer i als Seller initials f,rl'f , © 112012 Jan-30-12 09:24P P-06 •; t d Andemnity: Buyer will indemnify and hold Seller harmless from a)I loss, damage, claims, suits or costs, which shall arise out Of am contract. agreement, or injury to any person or property as a result of any activities of i3uyer and Buyer's azents and contractors relatin,_. to the Property except for any loss, damage. claim, suit or cost arising out of pre-existing conditions ol'the Pnipem and: or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and am termination hereof. i e )Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to tieller v%ritten notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of theDue Diligence Period), Ti'iNF.'BEING OFTHEF-SSENCE. If Buyenimel delivers t Contract shall be terminated and the Farn"t Moneyl y he Termination Notice, this posit shall M; 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 it) the erpirution q rlre Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELI.ER IS NOT OBLIGATED f0 6RANT AN EXTENSION. Although Buyer may continue to investigate the Propeny following the expiration of the Due Diligence Period, Buyer's failure to deliver a "termination Notice to Seller prior to the expiration of the Due Diligence Period 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 Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the temrs of this Contract or North Carolina law. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE, OF THE PROPERTY IN ITS THEN EXISTING CONDITION lih�LFSS PROVISION IS OTHERWISE MADE, IN WRITING. BUYER REPRESENTATIONS: (,i )Loan: Buyer doe;. dons not have to obtain anew loan in order to purchase the Property. 11Buyer is obtaining anew loan. Buyer intends to obtain a loan as follows: Conventional Other: it I iced Rate AdiuStable Rate in the principal amount of loan at an initial interest rate not to exceed o for a term of year(s), at ro 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 on documentation from Buyer which demonstrates that Buyer will be able to close on the Properly without the necessity of obtaining cr, to obtain a new loan. (b )Other Property: Buyer does X does not have to sell or lease other real property in order to quality for a new loan or to complete purchase. (NOTE: It' Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2-T') with this offer.) (c) Performance of Buyer's Financial Obligations: To the best of Buver's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyers linancial obligations in accordance with this Contract, except as may he specifically set fbrth herein. BUYER OBLIGATIONS: (a) Owners' Association Fees/Charges: Buyer shall pay any fees required I'or confirming account payment information on owners' association dues or assessments for payment or proration and any charge made by the owners' association in connection %%ith the disposition of the Property to Buyer. including any transfer and -or document lee imposed by the owners' association. 13u-,cr shall not be responsible for fees incurred by Seller in completing the Owners' Association Disclosure and Addendum For Properties Exempt front Residential Property Disclosure Statement (Standard Form 2Al2-T)_ (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 liar preparation and recordinz of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. 5, SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seiler. RECEIVED Page DCM WILMINGTON, NC FEB 2 2 L���NDARD FORM 12-T Buyer in' rats Revised 1/2012 Seller initial. in I rpn„ Jan-30-12 09:25P P-07 X has owned the Property for at least one year. y has owned the Property for less than one year. does not yet own the Property, (b) Assessments: to the hest of Seller's knowledge there are no Proposed Special Assessments except as fiollows ( Insert "hone 'or the identification ofsuch assessments, if any): Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "Nome" or the identification of such assessments, if any): (c )Owners' Associations) and Dues: To best of Seller's knowledge, ownership of the Property subjects does not subject fiuycr to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants. ,ry conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2A 12-T) shall be completed by Seller. at Seller's expense, and must be attached as an addendum to this Contract (d) Sewage System Permit: ( Applicable Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (c)Private Drinking Water Well Permit: ( Applicable Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (!f well installed after July 1. 2008. attach Improvement Permit hereto. 6. SELLER OBLIGATIONS: ( a )Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date. copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attornev's opinions on title. surveys, covenants, deeds. notes and deeds of trust, leases, and easements relating to the Property. Seller authorizes: (l) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney',, file to Buyer and both Buyer's and Seller's agents and attorneys. and (2) the Property's title insurer or its agenl to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, (b) Access to Property/Walk-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 the Buyer an opportunity to conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsible litr time{} clearing that portion of the Property required by the County to perform tests, inspections and.lor evaluations to determine the suitabilil� of the Property for a sewage system and/or private drinking water well. (c) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property t%hich is not a part of the purchase and all garbage and debris from the Property. (d) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit and indemnification agreement 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 as described in N.C.G.S. §44A-8 to the Property within 120 days prior to the date of Settlement verifying that each such person or entity has been paid in full and agreeing to indemnity Buyer. Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom. ( e )Payment and Satisfaction of Liens: AIi deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, nut 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. (. F)Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property at Settlement unless othenv ise stated herein, which shall convey Fee simple marketable and insurable title, free of all encumbrances and detects which �-,ould be revealed by a current and accurate survey of the Property: except: ad valorem taxes for the current year (prorated through flu• date of Settlement); utility easements and unviolated restrictive covenants that do not materially affect the value of the Propem : and such other encumbrances as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyer's failure to tenninate this Contract prior to the expiration of the Due Diligence Page 5 RECEIVED DCM WILMINGTQhAN&RD FORM 12-T Buyer i s Seller initi FEF3 2 2 �012 Revised I/2012 Jan-30-12 09:26P P-08 Period as a result of any encumbrance 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 Seller of any obligation under this subparagraph. VOTE: If am sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum ( Standard Fonn 2A t o- F) as an addendum to this Contract. (�=1 Deed. Excise Taxes: Seller shall pay for preparation of a deed and all other documents necessary to perk rm Seller's obligations under [his Contract, and for state and county excise taxes required by law. The deed is to be made to: (It) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ r\penses associated �4 ith the purcha% of the Property, less any portion disapproved by Buver's fender. toward any of Iluvers NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount points. loan origination ices, appraisal fees, attorneys fees, inspection fees, and 'pre-paids" (taxes, insurance, owners' association dues. c'tc. ). 10 Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that the amount thereof can he reasonably determined or estimated. U) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (k )Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Forst ?.A 12-T): If applicable. Seller shall provide the completed Owners' Association Disclosure and Addendum For Properties Exempi from Residential Property Disclosure Statement to Buyer on or before the Effective Date. (1) Seller's Failure to Comply or Breach: If Seller tails to materially comply with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without af)ecting any other remedies. If legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee andor the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall he entitled to recover t�ont the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PRORATiONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall bc: prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: ` ( a )Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on it calendar year basis: (h) Rents: Rents, if any. for the Property: ic) Dues: Owners' association regular assessments (dues) and other like charges. 9. CONDITION OF PROPERTX AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract .,,hall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer. reasonable wear and tear excepted. 9. RISK OF LOSS: 'llte risk of loss or damage by fine or other 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 Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does VO I elect to terminate this Contract. Buyer shall be entitled to receive. in addition to the Property, any of'Sellers insurance proceeds pall able on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. " 10. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if pant is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good !';tith 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 (fie Non- Dclnying Party and settlement agent and shall be entitled to it delay in Settlement. If the parties fail to complete Settlement And Closing within fourteen (14) days of the Settlement Date, or to further extend the Settlement Dare by written agreement, then the Page 6 DC t,��l!'. r';'�';" � _' )-� ,� ANN �ARD FORM 12-T / Revised 1/2012 Ruver init. 1 / Ir4A), Ir,ir�a1, _ .. . Jan-30-12 09:27P P.09 DelaN in_ Pany shall be in breach and the Non -Delaying Party may terminate this Contract and shall be entitled to enforce any remedies avai Cable to such party under this Contract for the breach. 1 1. POSSESSION: l;nless otherwise provided herein, possession shall be delivered at Closing as defined in Paragraph I(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 12. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY HE A PARr OF THIS CONIRACF. IF ANY. AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT. IF ANY, AND ATTACH HERD FO. NOTE: UNDER NORTH CAROLINA LAW. REAL ESTNI'E BROKERS ARE NOI' PERMirrED TO DRAFT CONDITIONS OR ON fINGENCIES TO THIS CONTRACT. 'additional Provisions Addendum (Form 2A 1 I-T) Back -Up Contract Addendum (Form 2A I -'I') Contingent Sale Addendum (Form 2A2-T) OI HLR: N/A Loan Assumption Addendum (Form 2A6- I') Owners' Association Disclosure And Addendum For Properties Exempt from Residential Property Disclosure Statement (Form 2A 12-"r) XSeller Financing Addendum (Form 2A5-T) Short Sale Addendum (Form 2A 14-T) I ASSIGNMENTS: "I his Contract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange. but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 1 4.TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Propert}. Buyer and Seller agree to cooperate in etlecting such exchange; provided, however, that the exchanging part\ shall be responsible for all additional costs associated with such exchange, and provided further. that a non -exchanging p rtv 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 u! give efl'ect to this provision. 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter ,,enders. as appropriate. 1 6.SURVIVAL: If anv provision herein contained which by its nature and clTect is required to be observed, kept or performed after d. parties hereto until fully observed. kept or the Closing" it shall survive the Closing and remain binding upon and for the benefit of the perlornte 1 7. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REAL rOR1 or broker and Seller or Buver as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. A. NOTICE: Am notice or communication to be given to a party herein may be given to the party or to such party's agent. Any «ritten notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a party's :agent by sending or transmitting it to any mailing address. e-mail address or fax number set forth in the "Notice Intormation" section helov,. Seiler and Buyer agree that the -Notice Information" and *'Escrow Acknowledgment" 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 otter or the creation of a counterot%r. I }. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument, and the parties adopt as their seals the word *SEAI." beside their signatures below. -"t).COMPUTATION OF DAYS: Unless otherwise provided, for purposes ofthis Contract, the term "days" shall mean consecutive calendar days. including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating da)s. 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 pertornied or made. R E�C,EII VEp Page 8 DCM WILMINGTON N(; STANDARD FORM 12-T �. / FFR 9 9 A19 Revised 112012 Jan-30-12 09:28P P-10 IIII-,' NORTH CAROLINA ASSOCIATION OF RF.AUrORS30, INC. AND THE, NORTH CAROLINA BAR ASSOCIATION i, �tAKF. NO REPRF'SFNTAFION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF T111S FORM IN :%NY SPE('IF'IC TRANSACTION. 1F YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT, DOES NOT PROVIDE { OR YOUR I.EGAI, NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE AI-I'ORNF.Y BFFORE YOU 'KIN 11. I his offer shall become a binding contract on the EtTective Date. Date: — Date: (iu�er ; GA1,) Seller (SEAL) WELLMA 'S CONSTRUCTION, I JAMES LANG Date. _ t/ Date: E;uycr (SEAL) Seller (SEAL) Date: Date: Buyer (SEAL_) Seller (SEAL) NOTICE. INFORMATION (NOTE: INSERF THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR rill: RFCEIPT OF ANY NOTICE CONTEMPLA"I'ED BY TINS CONTRACT. INSERT "NIA" FOR ANY WHICH ARE NOT APPROVFa).) BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: t Mailing Address: Buyer 1'axit: — Seller Fax#: Bayer f.-mail: Seller E-mail' SELLING AGENT NOTICE ADDRESS: LISTING AGENT NOTICE ADDRESS: l-imi Name: LANDMARK REAL ESTATE GROUP Finn Name: Acting as Buyer's Agent Seller's (sub)Agent Dual Agent Acting as Seller's Agent Dual Agent Mailing Address: 307 ROLAND AVENUE Mailing Address: SURF CITY NC 28445 individual Selling Agent: NICK PHILLIPS Individual Listing Agent: Acting as a Designated Dual Agent (check only if applicable) Acting as a Designated Dual Agent (check only if applicable) License:;: 250213 License;i: Selling Agent Phone: _ 910-328-2276 Listing Agent Phoneii: Selling Agent Fax;+: 328-328-2631 Listing Agent Fax:;: Sellims Agent E-mail: _ nphil►ips(cDlandmarkcarolina.eom Listing Agent E-mail: ESCROW ACKNOWLEDGMENT OF INITIAL EARNEST MONEY DEPOSIT Escrow Agent acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms hereof. Date: Firm: By. (Signature) THORP CLARKE ATTORNEY (Print na ) DECEIVED Page 8 of 8 DCM WILMINGTON—Nr ...� Property : Seller: i Buyer: SELLER FINANCING ADDENDUM 2807 ISLAND DRIVE WEI NORTH TOPSAIL BE, JAMES LANG S CONSTRUCTION iNC This Addendum is attached to and made a pan of the Offer to Purchase and Contract ("Contract" Property. between Seller and [3uve— for r tl Seller agrees to provide Buyer with Seller Financing in the amount set forth in Paragraph 1(d) and conditions: of Contract on the li�llowin b tertr I. The Seller Financing shall shall be evidenced by a balance of purchase money promissory note (Note"} Purchase money deed of trust (-Deed of Trust") on the Property. secured by a balance c '• '['lie Deed of1rust shall be a first second lien on the Property. If the Deed of Trust will be principal amount of the senior lien(s) shall not exceed the tinior to another deed amount of the Loan as represented in Para �. rile Seller Financing shall bear interest of trust, tlt� aph 5(a) of the Con tract. prior to default at the rate of o ;t /o per annum and shall be payable as follows fhe Seller Financing shall hear interest after default at the rate of % per ann u 4, I nless otherwise provided herein, the Note may be prepaid in whole or in part at any time i restrictions on this prepayment right. the restrictions are as follows: m. hoot penalty. Ifthere are an 5. The Seller Financing shall shall not become due and payable in a dance with the ti Buyer's sate or other transfer of the Property. W. ns of the Diced -- 01 Trust upon 6. ,Additional Seiler Financing terms (if any): � -IMllia�tdr[titi' BALANCE DUEAT THE END OF MONTH 92 OR SOONER FATS SUCH TIME R ERTi' S OLDPRiNCIPAL '. Unless otherwise provided herein, the Note and feed orTrust shall be in form of and contain approved North Carolina Bar Association Forms 4 and 5, completed in accordance Contract. ------------- he provisions of the currently 'ded with the terms prof {r above or contained in this NOTE: In the event of• Buyer's default of the Seller Financing, Seller's remedies will likely be limit If a deed of crust given to secure Seller Financing is subordinate to foreclosure of the Property to, or is later subordinated to, se financing is subsequently foreclosed, the Seller will likely have no remedy to recover under the Note an attorney is recommended prior to Seller agreeing to or linancing, and such senior' Deed of -Trust. The advice provide seller financing. of IN IT11: EVEN'h Of: A C'ONFI.IC'T BETWEEN THIS ADDI•.NDUM AND THE CONTRACT; C"ONTROL,1•:XCF.P1" rilAl• iN THE CASE OF SUCH A CON1:LICT'AS TO HIS ADDENDUM SHALL THE DESCRIPTION IDENTITY OF T'HF BUYER OR SC1.l.ER. T'HE CONTRACT SHALT. CONTRO[.. F I'ilf- PROPI;RT•Y OR "T'IIE RECEIVED DCM WILMING ON, NC Page I oft FEB 2 2 i12 This form jointly approved bv: North Carolina Bar Association rrr, ']CALTORNorth Carolina Association of REALTORS®, Inc. or.emrnn Buyer i ' w s Seller initial TANDARD FORM 2A5-T Revised 7/2011 <O 7/2011 1 -- iL- IJJ. G1 r' P.02 i FIIF NORTH CAROLINA ASSOCIATION OF RHALTORSN, INC . AND THE NOR] CAA MAKE NO REPRESENTATION AS TO Till; LEGAL VALIDITY OR ADEQUACY Of ANY PIIIA'r VISION U ANY SPECIFICTRANSACTION. IF YOU DO NOT UNDERSTAND THIS fORlb( OR FEEL. <)LIBAR ASS(X:IA"fIOi FOR YOUR LEGAL. NIiF.DS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ES1,, FAT[ F IF FORM 11 ITDOES NOT PRUVIDI til(�N IT. ORNEY BF.fORF. YO( Date7_7�-_c�`� Date: Buyer: WELL (SI:AL) Seller: _ �-� S CONSTRUCTION, I (SEAL) Date: DAMES LA Date: - - — -- — Date: ►3 u y e r: �— (SEAL) Seller: (SEAL) Date: Date: BuN er; (SISAL) Seller: Page 2 of 2 (SEAL) 5-T DII Y 'C b r_ APPLICATION FOR O�C�QI CAMA MINOR DEVELOPMENT PERMIT In 1974, the North Carolina General Assembly passed the Coastal Area Management Act (CAMA) and set the stage for guiding development in fragile and productive areas that border the state's sounds and oceanfront. Along with requiring special care by those who build and develop, the General Assembly directed the Coastal Resources Commission (CRC) to implement clear regulations that minimize the burden on the applicant. This application for a minor development permit under CAMA is part of the Commission's effort to meet the spirit and intent of the General Assembly. It has been designed to be straightforward and require no more time or effort than necessary from the applicant. Please go over this folder with the Local Permit Officer (LPO) for the locality in which you plan to build to be certain that you understand what information he or she needs before you apply. Under CAMA regulations, the minor permit is to be issued within 25 days once a - } �C complete application is in hand. Often less time is needed if the project is simple. The " process generally -takes about 18 days. You can speed the approval process by making certain that your application is complete and signed, that your drawing meets the oG' specifications given inside and that your application fee is attached. Other permits are sometimes required for development in the coastal area. While these are not CAMA-related, we urge you to check with the Local Permit Officer to determine which of these you may need. A list is included on page two of this folder. We appreciate your cooperation with the North Carolina Coastal Management Program and ,your willingness to build in a way that protects the resources of our beautiful and productive coast. Coastal Resources Commission Division of Coastal Management > rn � n � krn lid 1 2 ?012 n d cn � DCM WILMINGTOi J, ' C ❑ o •J DC'M form E131952-201UlRevised April 2010 0 WELLMANS CONSTRUCTION, INC PO BOX 8 HOLLY RIDGE, NC 28445 910-329-4356 FX 910-329-1717 February 21, 2012 Jason Dail Field Representative 127 Cardinal Dr. Ext. Wilmington, NC 28405 Mr. Jason Dail, I have enclosed three CAMA permits. The addresses are as follows: 3829 Island Dr., NTB, NC 28460 3279 Island Dr., NTB, NC 28460 2807 Island Dr., NTB, NC 28460. 1 have also enclosed the plot plan and the elevation survey for 7517 9th Ave for the CAMA permit that I recently sent in. Please contact me if any of the packages are not complete. My office phone is 910-329-4356, fax 910-329-1717 and cell number is 910-389- 0676. Thank you in advance. Angie Edens, Wellman's Construction, Inc. w a4 AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an agency authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that on March 14, 2012, Wellmans Construction, Inc. applied for a CAMA permit con- struct a single family dwelling at each of the following locations: 2807, 3279, & 3829 Island Drive, adjacent to the Atlantic Ocean and Stump Sound in North Topsail Beach, Onslow County. The appli- cations may be inspected at the address below. Public comments received by April 5; 2012 will be considered. Later comments will be accepted and considered up to the time of permit decision. Protect modifications may occur based on further review and comments. No- tice of the permit decision in this matter will be provided upon writ- ten request. Jason Dail, Field Representative Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 796-7221 Before the undersigned, a Notary Public of Said County and State, Keith Raffone Who, being duly sworn or affirmed, according to the law, says that he/she is Controller of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119b, the North Carolina Division of Coastal Management, an agency authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that on March 14, 2012, Wellmans Construction, Inc, a was inserted in the aforesaid newspaper in space, and on dates as follows: 3121 1x And at the time of such publication Star -News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. Title: Controller i worn or ffir d tkanucribed before me this day of A.D., f2 0-1 In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. ���aauuurrr++++10� -.•EI`�ED �� \E L. 01 CM WILMINGTON, NC L— AT61ry Publ MAR 2 9 2012 Ry My commission expires 17 tday of, 20 I s m Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the CourtMuN ` 0 publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). +hrrrnmm�n�`�� This day of , Clerk of Superior Court MAEL TO: RECEIVED DCM WILMINGTON. NC MAR 30AQ �, IMPERVIOUS CALCULATIONS PROPOSED HOUSE AREA----816.0 SQ. FT. PROPOSED HOUSE OVERHANG AREA---136.0 SO. FT. PROPOSED 20' DRIVEWAY AREA------0.00 SQ. FT. PROPOSED DRIVE AREA BEYOND R/W ---0.00 SQ. FT. FRONT COVERED DECK AREA--------192.0 SQ. FT. TOTAL AREA IN TRACT------------8026.0 SO. FT. TOTAL IMPERVIOUS AFTER COMPLETION --- 1144.0 SQ. FT. % OF IMPERVIOUS COVERAGE 14.3% (0.1425) ROBERT T CHESTNUT, II �0 I AND OTHERS I MB14,PG49 Q N60'41'06E 64.90 C H r = SITE U r FIR _ — — I VICINITY MAP NO SCALE EIR LOT 4 IMB I LOT 6 1 1 0.18 AC II 14, PG 49 cn MB 14, PG 49 z 1 I20.4 LA N I CA �- P. O1 DECK I 0 m O O 120.E 12" EAVE ICE I OVERHANG II PROPOSED I i I 0 � LOT 5 I f MB 14, PG 49POR III" J 194— 1 24.0 � I I m PROPOSED N N �I I DRIVE LOT 7 MB 14, PG 49 R/W SIS EIR S67'151411W 65.46 EIR S67'15'14"W 65.52— — OFiEL v> Ln LnI 0 m I !J (D Cn m PO D co EPK _ _ —� _ O EMN V)m _ ISLAND DRIVE 0 z o S67'45'31"W 142.41 100' PUBLIC R/Wo � r> �Iz m {IZ DZ m m SETBACK INFORMATION ZONED: CU—R-5 (NTB) FRONT SETBACK: 20' SIDE SETBACK: 8' SIDE STREET SETBACK: 15' REAR SETBACK: 10' FLOOD INFORMATION FLOOD ZONE: AE keCE�vE0 M WILM►NGTON' NC MAR 1 4 r�q�2 NOTE THIS PROJECT IS LOCATED WITHIN 575' FROM THE NORMAL HIGH WATER LINE. — R/W — no ginr,n' An'