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HomeMy WebLinkAboutNTB_12-08_ Wellman'sIssued by WiRO North Topsail Beach (F CAMA MINOR DEVELOPMENT PERMIT 3 -V) .21022- Af Y� v� NT612-08 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 High Hazard Flood (AEC) at 3279 Island Drive, in North Topsail Beach, Onslow County as requested in the permittee's application package, dated revised on March 15, 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 modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: December31, 2015 Jason Dail CAMA LOCAL PERMIT OFFICIAL OCT 2 6 2012 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 transferred to-r,UMINGTON0AL another party without the written approval of the Division of Coastal Uo� Name: Wellman's Construction, Inc. Minor Permit # NTB 12-08 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 vears 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 25%, or in this case1,584 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. r -EI OCT 2 6 2012 WILMINGTON, NC SIGNATURE: DATE: 3 rL PERM TTEE GENL, RAi-INFORM LAND OWNER NameLvm-k Address Pe. City Email_ A4-LFe e e AUTHORIZED AGENT Name Address City Email State Zip __ Phone y ( or direct'ons to site. If not oceanfront, what is the nam* a of t LOCATION OFPROJECT- Addr •ss street name a �he adjacent waterbod .) � -j-GI i C .. i DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance. SIZE OF LOT/PARCEL: square feet acres PROPOSED USE: Residential Ca-'_ (Single-family []Multi -family ❑ ) Commercial/industrial [] Other jEl COMPLETE EITHER (l) OR (2) BELOW (Contact your Local Permit Officer ifyou are not sure which AEC Npplies to your property): (1) OCEAN HA'ARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE:kal- square feet (injcludes air conditioned living space, parking elevated above ground level, non. -conditioned space elevated above ground level but excluding non -load -bearing attic space) (2) COASTAL SHORE , E AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BU& UPON SURFACES: J�quare feet (includes the area of the roof/drip line of all buildings, driveways, covered 0�cks, concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.) STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwster Management Permit issued by the NC Division of Water Quality? YES NO_ If yes, list the total built upon area/impervious surface allowed for your lot or parcel: square feet. MAR 15 2012 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, I-iighway Connectioth, 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 permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest cambe described as: (check one) pagesan Hiner or record title, Title is vested in see Deed Book in the tnty Registry of D e S. an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. if other interest, such as written contract or lease, explain below or use a se a'ate sheet tttlach to this application. 1 NOTIFICATION OFADJAC.ENT PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this property. I af'finn that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. .. LT- lt+.� ` VR t' Ili 1M61 Ut 1 '•�• _ sWi ►L�1�af� ACKNOWLEDGEMENTS: 91 I, 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. I 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 am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on. the aforementioned lands in connection with. evaluating information related to this permit application. This the I day o 20 Landowner or person authorized to act as his/her agent for purpose of filing a CAMA permit application This «pplication includes: general information (this finrrnj, a site drawing as described on the hack of this application, the olvnership statentenl, the Ocean HazardAEC Notice where necessary, a check for $100.00 nrade payable to the locali{r: and any information as may he provided orally by the applicant. The details of'the application as described by these sources are incorporated without reference in anv permit which rnap be issued Deviation fr'orn these details will constitute a violation of any permit. Anv person develolfinti; in an,4EC without pernrit is subject to civil, crimined and e0ministrative action. RECEIVIED DCM WILMINGTON, NC A�A 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, NIC 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 North Cawl ina NCDENR North Carolina Department of Environment and Natural Resources 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: Dee Freeman Secretary Attached are CAMA Minor Development Permits # NTB12-07, 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 NoAhCai-o.l. na Project is in an: Property Owner: Property Addrrs Date Lot Was Ph OCEAN HAZAg.D AEC NOTICE Ocean Erodible Area ,/ High Hazard,F19oad Area Inlet Hazard Area 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 be 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. Studies also indicate that the shoreline could move as much as feet landward in a major storrn. The flood waters in a major storm are predicted to be about iO 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. (r'r iAl 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 injornwtion, conlact: Local Permit Officer OF COASTAL MANAGEMENT dress . WC 26405 Locality Phone Number RECEIVED DCM WILMINGTON, NC MAR 1_ 6 A112 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)j. 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 N12 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: 1) 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 CAM, 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 PRL PERMIT STRUCTURE, IfiAOEQUATE SETBACK PERMITTED STRUCTURE; PRE*STORM BEACH PROFILE ADEQUATE POST -STORM BEACH PROFILE SETBACK ONE YEAR AFTER STORMfBEACH 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 Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director March 19, 2012 Wilmington.classified@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Wellmans Construction x 3 Minor Public Notice Natural 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., Wilminaton. NC 28405 .One. 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. app/lid -fpr a CAMA permit construct a single family 9 dwellin at each of the following locations: 2801 3279, 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 r 1 1 4 No I 1 (000 ]A CAMA PERMIT APPLIED FOR COMMENTS ACCEPTED THROUGH March 25� 200,02 0__ APPLICANT: TTFOI RR MO R ELDETAI LS CONTACT NC DIV. Coasta Management Wellmans Construction, Inc. � PO Box 8 127 Cardinal r. Ext. Holly Ridge, NC 28445 Wilmington, NC 28405 ason Dail, Field Representative ALV-RXA AGA- - 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 12.08 PROJECT ADDRESS — 3279 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 3279 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: 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 2/14/2012, 1 attempted to locate the First Line of Stable Natural Vegetation (FLSNV) and the Normal High Water (NHW) nearest this property, but because of undefined property boundaries, I was unable to locate either. Based on aerial photography, it appears that the property, and the 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. One 4nY l�_J:__i n_:.._ r... 1�CL«:....�.... AIY"')OAAr T�T....�1-.n___1:.- _ Ms. Edens Page Two Add. Info. letter NTB 12-08 — 3279 Island Drive, North Topsail Beach Respectfully yours aso? ail Field Representative Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Cc: WiRO file MEN on NONE SAG:iiiiiiiiiiii RECEIVED DCM WILMINGTON, N( FEB 2 2 2612 T IT, 0 z RECEIVE[ DCM WILMINGTON FFR 9 9 i110 WATERFRONT ELEVATION SCAtF- X6, =1'-0" STREET FRONT ELEVATION SCAM X" = I'-0" z Qz Wo Wz U,5 r- I/ 24'-0" 10'- 1 o" w 2'-4" v 10'-10" ?' 6"14�'-4" 2-4" 5'-4"-------- '-6" ol � I I BEDROOM l6tl' BEDROOM 10'-4" x 10'-0" 10'-4" x 10'-0" O OBATH 7'-8" x 5'-8" 3° 0 ELEVATOR 5'0"x4'0" p -a I I _ i I _ I it I BEDROOI'i x 16'-2" x 11'-8" M. BATH 6'-8" x 10'-2" I � r. O I � I s' 4'-4" 6'-6j"IX- ?' 3" 16'-9" IX 24'-0" FIRST FLOOR PLAN SC'ALF- P = l'-O" RECEIVED DCM WILMINGTON, -- n n '",{110 RECEIVED SECOND FLOOR PLAN DCM WILMINGTON, NC ae A scent Prope Owner Ma, iliQg Addres�� l � ` a� ��V City, State, Zip Code Receipts for Certified Mail (Staple Here) Dear Adjacent Property: This letter is to inform you that I, Property Owner e ap ied for a CAMA Minor Permit on my property at dJ'L in COUNTY Property Address County. As required by CAMA regulations, I 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 (obbjectio form. If you have any questions or comments about my proposed project, please contact me at "1 V I 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 Q Local Permit Officer for LOCAL GOVERNMENT 'v `^'Y LOCAL GOVERNMENT ADDRESS !-�1 CITY, STATE, ZIP CODE 3cm i ti Sincerely, � I YfYY1_(4 carki dl0' G i Property Owner -a MAddress 7n � [ City, State, ZkIode W� :r 'U ti :r Postage $ :101 Certified Fee :3 =1 Return Receipt Fee :3 (Endorsement Required) :3 Restricted Delivery Fee (Endorsement Required) In.fl(I Postina 2 io :3 -0 N, :3 Total Postage & Fees$ DMMO* -q - Sent To I jW Street, D-6 --- 7- ------- ---------------- -------------------------------II Apt 1� or PO Box No. ' ;5��Ot QY --------------------------------------- ------------------------------------- scare, - ZIP+4 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. F( valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to Provide proof c delivery. To obtain Return Receipt service, please complete and attach a Retur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver to 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 ( 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 art 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) jAddr sState, Code Dear Adjacent Property: j� O This letter is to inform you that I, ' �iavcaNlmep ror a Property Owner CAMA Minor � I Permit on my property at ''a�� � Property Address in COUNTY County. As required by CAMA regulations, I 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 4U—a-�:6L mments about my proposed project, please contact me a or by mail at the address listed below. If you wish to licants AppTelephone 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, Property Owner 1] fig Mailing ess r 1.4 4-L40 m-3��� City, State, Zi e zi :3 r r :3 1 Postage $ Certified Fee :3 -1 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 0. 65 0460 71: Postmark t v82 2 2012 1.10 f,3 W CM�MNGTO Sent o -q C W 76W,-Ajit. No.; ....... U ----------- :3 �9&or PO Box No. OC-A- ----------- -T, -- City, State, 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 Return 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 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 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 Certified Mail (Staple Here) '.lullmy 11iabb City, State, Zip Code `J Dear Adjacent Property: (,*Prqopefty This letter is to inform you that I,have applied for a CAMA Minor Owner Permit on my property at 5�q Property Address in COUNTY County, As required by CAMA regulations, I 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 objecti n form. If you have an qu_egons or comments about my proposed project, please contact me a ` or by mail at the address listed below. If you wish to (I Applicant's Telephone file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit them to: LPO NAME� 1 Local Permit Officer for LOCAL GOVERNMENT tt 11 LOCAL GOVERNMENT ADDRESS CITY, STATE, ZIP CODE Sincerely, Pr rty caner D g Add ss City, State, Z de WILMINGTON, 02/17/2012 Sent To y-�--- - ---------- --------- ----- ^ •..---- ofreef, Pt —1�/V �L or PO Box No. I ry S�te.z,P+4 wC. a�y�3 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. Fo 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 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 foi 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 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 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 City, State, ZIP Code �(.bc Receipts for Certified Mail (Staple Here) Dear Adjacent Property: This letter is to inform you that I, Property Owner have applied for a CAMA Minor Permit on my property at 3�i b Property Address fn COUNTY County. As required by CAMA regulations, I have enclosed a of m g PY Y Permit application and project drawing(s) as notification of my proposed project. No action is Copy from you or you may sign and return the enclosed o objection form. If you have any questions or comments about my proposed project, please contact me t D1 - 3 5 4 or by mail at the address listed below. If you wish to Applicants Telephone file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit program, m, you may submit them to: 9 ) 3C�C"- Local Permit Officer for LLPO NAME OCAL GOVERNMENT ,v LOCAL GOVERNMENT ADDRESS V)L D y ,n t 1 CITY, STATE, ZIP CODE ^' " '-1 k i jell 1 City, State, Zip Code "6 Postage 1 $ $0.65 Certified Fee 7 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $2.95 W.I 0 $13.0I f USE I I � E,tC -0 1i 1 2012 13 WILMINGTON jTotal Postage & Fees $ 1.7 b- 02/17/2012 Sent to C----- ........................ � Street, A t.1ao.; P _ or PO Box No. C!(y State, LP+------- . C 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 Maile 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 additions a Return Receipt may be requested to provide proof c delivery. To obt< urn Receipt service, please complete and attach a Retur Receipt (PS Form .3811) to the article and add applicable postage to cover th 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 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 art cle at the post office for postmarking. If a postmark on the Certified Me 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 U.S. DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660-0008 Federal Emergency Management Agency I Expires March 31, 20' National Flood Insurance Program Important: Read the instructions on pages 1-9. SECTION A - PROPERTY INFORMATION Fqr ln, xiran;a;Qmpny#Js '" Al. BuildingOwner's Name Pollq fVum f James Lan h, A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. m �,I�Y NNO 3279 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 810-72.2, Lot 8, MB 50 pg 106 A4. Building Use (e.g., Residential, Non -Residential, Addition, Accessory, etc.) Residential A5. Latitude/Longitude: Lat. 34* 28, 00.98" Long. 77* 28' 31.59" Horizontal Datum: ❑ NAD 1927 N 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) NIA 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 ! NIA within 1.0 foot above adjacent grade 0 c) Total net area of flood openings in A8.b N/A sq in c) Total net area of flood openings in A9.b 0 sq in d) Engineered flood openings? ❑ Yes N No d) Engineered flood openings? ❑ Yes N No SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION 61. NFIP Community Name & Community Number B2. County Name B3. State 370466 North Topsail Beach Onslow NC B4. Map/Panel Number B5. Suffix B6. FIRM Index B7. FIRM Panel Date B8.. Flood Zone(s) B9. Base Flood Elevation(sj (Z AO, use base flood depth) 3720425600 J Date Effective/Revised "AE" Feb. 16, 2007 November 3td, 2005 B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item bu. DCM WILMINGTON, NC ❑ FIS Profile N FIRM ❑ Community Determined ❑ Other (Describe) B11. Indicate elevation datum used for BFE in Item B9: ❑ NGVD 1929 N NAVD 1988 ❑ Other (Describe) q 2I��LNo B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? Yam' ttnnrl Designation Date ❑ CBRS ❑ OPA SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) Cl. Building elevations are based on: N Construction Drawings* ❑ Building Under Construction* ❑ Finished Construction *A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations - Zones Al-A30, AE, AH, A (with BFE), VE, V1430, V (with BFE), AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO. Complete Items C2.a-I below according to the building'diagram specified in Item A7. Use the same datum as the BFE. Vertical Datum NAVD88 Benchmark Utilized NCGS "PUBLIC" Conversion/Comments NONE Check the measurement used. a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 13.00 N feet ❑ meters (Puerto Rico only) b) Top of the next higher floor NIA N feet ❑ meters (Puerto Rico only) N/A N feet ❑ meters (Puerto Rico only) c) Bottom of the lowest horizontal structural member N Zones only) NIA ® feet ❑ meters (Puerto Rico only) d) Attached garage (top of slab) icing the building e) Lowest elevation of machinery or equipment sery 13.00 ®feet meters (Puerto Rico only) (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next to building (LAG) 4.1 ®feet [I meters (Puerto Rico only) g) Highest adjacent (finished) grade next to building (HAG) 4.8 N feet [I meters (Puerto Rico only) . h) Lowest adjacent grade at lowest elevation of deck or stairs, including 4 8 ®feet ❑meters (Puerto Rico only) structural su Dort 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. 1 certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. ❑ Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a licensed land surveyor? N License Number Certifier's Name L-2904 Q i wrs Professional Land Surveyor Gai Canad Su Address ryeyinA�� - e , • A - City State ZIP Code - IRR7e 7 IMPORTANT: In these spaces, copy the corresponding information from Section A. FQ� Insurance Company Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. IaQllcy Number 3279 Island Drive City State ZIP Code C9#�r1 II�IG Nurflf 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. Signature uate uznz ❑ Check here if attachment 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 Eli-E5. If the Certificate is intended to support a LOMA or LOMR-F request, complete Sections A, B, and C. For Items Ell-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. El. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). `, a) Top of bottom floor (including basement, crawlspace, 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 managemer nrrlinann-? rl Yes 171 No F1 Unknown. The local official must certify this information in Section G. SECTION F - PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) L;tK I INUAI wN The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA-issued or community-issuea ort 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 attachn 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 r 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-Gg) is provided for community floodplain management purposes. [6�4. Permit Number G5. Date Perm�15*ued G6. Date Certificate Of Compliance/Occupancy issued G7. This permit has been issued for: ❑ New Construction ❑ Substantial Improvement meters PR Datum G8. Elevation of as -built lowest floor (including basement) of the building: []feet ❑ ( ) 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 Title Local Official's Name Community Name Telephone RECEIVED Date W L Signature FEB 2 2 Comments Jan-3jo-12 09:30P P.l OFFER TO PURCHASE AND CONTRACT -VACANT LOT/LAND lConsuh "Guidelines- (form 12G) for guidance in completing this fora NOTE: This contract is intended for unimproved real property that Buyer will purchase only for )ersonal use and does not have :rnmediatc plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, lj-operlx approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale nsolties the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract - New �'onstniction (Form 80O-'f) or, if the construction is completed. use the Offer to Purchase and Con racl (Form 3-T) with the New Construction Addendum (Form 2A3-7). I or raluable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer otfers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Ot ci- To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The tennis listed twlow shall have the respective meaning given t �m as sel forth adjacent to each term. (a) "Seller': JAMES LANG kb) "Buyer': (c) "Property": 'ncc Property shall the improvements located thereon. Street Address: Cite: County: OI NOTE: (jovemmental authority over taxes. include all that real estate described below together with all,�ppurtenances thereto including , North Carolina school districts, utilities and mail delivery Legal Description: IC'omplete AL/, applicable) Plat Reference: Lou'11nit 8 Block/Section N/A , Subdivision/Condominium _ as shown on Plat Book/Slide 50 I he PiWPID or other identification number of the Property is: 4, Other description: PITI LLC 1-8 ST 810 72 EDGAR L YOU Some or all of the Property may be described in Deed Ba)k 2015 (d) "Purchase Pricc": p: differ from address shown.) 18945408 at $ _ paid in U.S. Dollars upon the following terms: ��S NIA BY DUI: DILIGENCE fliE made payable to Seller by INITIAL EARNEST MONEY DEPOSIT made pa; RECEIVED Paragraph IM with this offer ORXdeliveredwithin 1i of this Contract by cash personal check offi DQM WILMINGTON, NC N/A BY (ADDITIONAL) EARNEST MONEY DEPOSIT FEB 2 2 2612 named in Paragraph I(f) by casts or immediately avail check or wire transfer to be delivered to E 3 : F.fTective Date 4e to Escrow Arent named in (5) days of the FI'lective Date I hank check wire transfer Ide payable to Escrow Agent c funds such as official bank ow Agent no later than UVE BEING OF THE ESSENCE with regard to said ate. N/A BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loans) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form ? 6-T). SELLER FINANCING in accordance with the attar d Seller Financing Addendum Form 2A5 / V (Standard Fo-T). N/A BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds ofa new loan) Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit their due dates, or should anv check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver good funds to the payee. In the event Buyo r does not timely deliver good funds. Seller shall have the right to terminate this C(miract upon written notice to Buyer. Page I of 8 113 This form jointly approved by: STANDARD FORM 12-T North Carolina Bar Associalion � Revised 1/2012 North Carolina Association of RE ALTOR.ei®. Incr/�s� ... 01/2012 REACTOR• Jan-30-12 09:30P P-1 (e) "'Earnest Money Deposit": The initial F•arnest Money Deposit, the Additional Earnest Mon monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest M and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, q terminated. In the event: (1) this olfer is not accepted. or (2) a condition of any resulting contract Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seiler, the refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies avail; Nee event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller u damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seder's t 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledge the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is comf amount being a reasonable estimation of' the actual loss that Seller would incur as a result of st Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensat both parties acknowledging the difficulty determining Seller's actual damages for such breach. If I Buyer or yeller against the other to recover the Earnest Money Deposit, the prevailing party in thi recover from the nun -prevailing party reasonable attorney fees and coup costs incurred in connecti( (1) "Escrow Agent" (insert name): THORP & CLARKE ATTORN . NOTE.: In the event of a dispute between Seller and Buyer over the disposition of the Earnest M licensed real estate broker ("Broker') is required by state law (and F,serow Agent, if not a Broke Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has ONEparties consenting to it disposition or until disbursement is ordered by a court Ofcompetent jurisd'i or an attorney licensed to practice law in North Carolina ("Attorney") Altorne% may deposit the disputed monies with the appropriate clerk of court hn accordance ing the w th the 12. i HE PARTIES AGRI:F TI IAI• A REAL ESTATE: BROKHRAGK FIRM ACTING AS ESCROV FARNES'l- MONEY DFPOSIT IN AN (NTERES'T BEARING TRUST ACCOUNT AND THA I'HEREON SHALL. BFi DISBURSED TO TiIE ESCROW A(;FNT MONTHLY IN CONSIDFg INCURRED BY MAINTAINING SUCH ACCOUN'i"AND RECORDS ASSOC IATI:)TIlEREWI' (0 "Effective [)ate": The date that: (1) the last one of Buyer and Seller has signed or initialed this if any, and (2) such signing or initialing is communicated to the party making the offer or count erofl (h) "Due Diligence". Buyer's opportunity during the Due Diligence Period to investigate the contemplated by this Contract, including but not necessarily limited to the matters described in whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. Y Deposit and any other earnes ney Deposit", shall be depositee until this Contract is otherwise s not satisfied, then the Earnest ':arrest Money Deposit shall be )Ic to Buyer f"or such breach. in on Seller's request as liquidated ghts under Paragraphs 2(c) and I by the parties that payment of nsatory and not punitive, such :h breach. The payment of the ►n for Seller's anticipated loss. ;al proceedings are brought by proceeding shall be entitled to t with the proceeding. ,ney Deposit held in escrow, a , hereby agrees) to retain the tied a written release from the lion. Alternatively, if Broker loneY Deposit, the Broker or provisions of N.C.G.S. §93A- AC ENT MAY PLACE THE ANY IN'[-ERI:S'f' EARNED ,TION OF THE EXPENSE'S I. Her or the final counteroffer, as the case may be. and the transaction 2 below, to decide ( i )'*Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract fo Buyer's right to conduct Due Diligence during the Due Diligence Period. It shall be the property of"Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of material breach fthis Contract by Seller, or if this Contract is terminated under Paragraph 6(I) or Paragraph 9, or as otherwise provided in any ddendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Dili Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard o the existence or amount of atn Due Dili_encc i-re. (i Due "ligen ce Period**: The perm beginning on the Ffiective Date and extending through 5:00 3.m. on TIMF, BEING 0FTHE ES4E.%'C ' with regard to said date. (k) "Settlement": the proper execution and delivers to the settlement agent of all document. necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust nd 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 unless otherwise agreed in writing, at a time and place designated by Buyer. Page 2 0 ' Buyer i taps _ Seiler initiate t` (thliqttt1� DCM WILMINGTON, FEB 2 2 2012 STANDARD FORM 12-T Revised 1/2012 Jan-30-12 09:31P P.l (m) "Closing": The completion of the legal process which results in the transfer of title to the Pro rty from Seller to Buyer, whi( includes the following steps: (1) the Settlement (defined above). letion Of a satis following the Settlement: (;)the settlement agent's receipt ofautho iration topdisburse all nece, t'rryfunds; and (4) records title plate to tfie Propert the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place a, .00u as reasonably possible fc the settlement agent after Settlement. Upon Closing, the proceeds of safe shall be disbursed by th settlement solion i with the settlement statement and the provisions of Chapter 45A of the North Carolina General S states. 1I'the title update reveal unexpected liens, encumbrances or other title defects, or if the settlement agent is not aut oozed If he tillagent in accordant tiunds. then the Closing shall be suspended and the Settlement deemed delayed under Paragraph shook arse all n sing). n (rl) "Special Assessments": A charge against the Property b dautph !0 Delay in Settlement Closing). recurring governmental service fees levied with such taxes, or by anvownerstatisociatron in addition totan� regular taxes and (dues). either ol'which may be a lien against the Property. A Special Assessment maybe either > g ar assessment "Proposed Special Assessment": A S � OSed or confirmed. Special Assessment that is under fi,rntal consideration but wh ch has not been approved prior w Settlement. -Confirmed Special Assessment": A Special Assessment that has been approved prior to Setif whether or not it is fully pa%able at time of'Settlement. II BUYER'S DUE DILIGENCE. PROCESS: (a )Loan: During the lyuc Diligence Periml, Buyer, at Buyer's expense, shall be entitled to pursue ualiI cation for and the Loan ifany' approval of (NOTE.: Buyer is advised to consult with Buyee$ lender prior to signing this otter to assure that d a 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 repro entatives, at Buyer's expense. -ihall he entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of t Buyer deems appropriate, including but NOT limited to the following: he Property as (i) Soil, Utilities And Environmental: Reports to determine whether the soil is suitable for Buyers intended use and whether there is any environmental contamination, law, rule or regulation that may pr hibit. restrict or limit Buyer's intended ttse. 60 Septic/Sewer System: Any applicable investigations) to determine: (1) the condition of existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit. (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County l leafth Department for a suitable ground abso 'plion sewage system. (iii) Water: Any applicable investigations) to determine. (1) the condition of an existing pva drinkingo water well, (?)the costs and expenses to install a private drinking water well approved b an existing availabilit costs and expenses to connect to a public or community water system, or a I and/or (4) hared private wruction ell, whether a Construction Permit may be obtained from the County Health Department fora haredrivate drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants. Bylaws, Articles of fncorporation, Rules and Regulations, and other governing documents of any applicable owners' associate n and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer 1 eview the completed Owners' Association Disclosure And Addendum (Standard Form 2A 12-T) provided by Seller prior t signing this oticr. (y) Appraisals: An appraisal ofthe Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use • nd the location of easements, setbacks. property boundaries and other issues which may or may not constitute title defect . (vii)Loning and Governmental Regulation: Investigation of current or proposed zoning or ( ther governmental regulation That may affect Buyer's intended use of the Property. adjacent land uses, planned or pr ed road construction, and school attendance cones. (yiii) Flood Hazard: Investigation of potential flood hazards on the Property. and/or any r yuirement to purchase flood insurance in order to obtain the Loan. t c 1Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any da tao 7c t tom any activities Of Nuponsibyer and Buyer's agents and contractors, but buyer shall not be res �`��$ Fsur� ;bfifi. accepted practices applicable to any N.C'. licensed professional perlimning reasonable appraisals. tc;s s, surveys. exa�nnnut�iur�i(�S�hli inspections of the Property. Phis repair obligation shall survive any termination of this Contract. 2 FEB 2 2 2G11 Page 3 of 8 STANDARD FORM 12-T Eau\ �-r in�--Seller initials Revised 1/2012 09 : 33P P_1 ( d )Indemnity: Bw-cr will indemnify and hold Seller harmless from all loss. damage, claims, suit, or cults, which shall aril of am' contract. agreement, or injury to any person or property as a result of any activities of Buyer and Buyers agents an. contractors relatim,: to the Property except for any, loss, damage, claim, suit or cost arising I'roperty and:'ur out of Seller's negligence or willful acts or omissions. This indemnity shall surxcive tth s��Ce condition,sting tract and fIN am termination hereof'. (e )Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by, delivering; to Seller written notice of termination (the -termination Notice") during the Due Diligence Peri xt (or any agreed -upon written extension of theDue Diligence Period), TIMEBF_/r1'COFTHF' Contract ;hall be term ina ES.SI:'110E. !f Buyertimelydeli ers the Terrninatiun Notice, this ted and the Earnest Money Deposit shall be refunded to Buyer. WARNING: If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, I'"' IO the etru•ution u/ the Due Diligence Period, unless Buyer can obtain a written extension from seller. SELLER IS NOT OBLIGATED R-) GRANTAN EXTENSION, Although Buyer may continue to investigate the P tperty following the expiration of the Dire Diligence Period. Buyer's failure to deliver a 'Termination Notice to Seller prior to the expiration of the i)uc D ligence Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any tatter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period. Buyer may still exercise a rig t to terminate if Seller fails to materialb, comply with any of Seller's obligations under paragraph 6 of this Contract or for any o her reason permitted under the terms of this Contract or irorth Carolina law. (1) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY iN iTS TH N FXfSTlNG (ON UITlON UNLESS PROVISION IS OTHERWISE MADE IN WRITING. BUYER REPRESENTATIONS: (a )Loan: Buyer does does not have to obtain anew loan in order to purchase the Property. If Buyer is obtaini Buyer intends to obtain a loan as follows: Conventional Other: ng a new loan, I fixed Rate Adjustable Ratc in the principal amount of f_ loan at or a term of year(s), at an initial interest rate not to exceed % per annum (the "Loan"). NOTE.: Buyers obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property. Seller is advised, prior to signing this offer. to obtain documentation from Buyer which demonstrates that Buyer will he able to close on the Property wit out the necessity ofobtaining a new loan, i b )Other Property: Buyer does Xdoes not have to sell or lease other real property in order io quality for a new loan or to complete purchase. (NOTE: If Buyer does have to sell, Buyer and Seller should consider includin_ a Contingent Sale Addendum (Standard Form 2A2-T) with this offer.) (c) Performance of Buyer's Financial Obligations: TO the best of Buyer's knowledge, there are no other circumstances or conditions existing; as of the date of this offer that would prohibit Buyer Isom performing B yeas financial obligations in accordance with this Contract, except as may be specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment information on ot+ners' association dues or assessments for payment or proration and any charge made by the owners' association in connection t%ith the disposition of the Property to Buyer. including any transi'cr and/or document fee impos d by the owners' association. Buser shall not he responsihic for fees incurred by Seller in completing the Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statemcnl (Standard Form 2A 12-1'). (h) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. ic) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to ny loan obtained by Buyer, appraisal, title search. title insurance, recording the deed and for preparation and recording ofall instruments required to secure the valance of the Purchase Price unpaid at Settlement. SELLER REPRESENTATIONS: RECEIVED (a) Ownership: Seller represents that Seller: uCM WILMINGTON, NC FEB 2 2 2612 Page a o ' STANDARD VORM 12-T Revised 1/2012 fiuvrr it s Seller initials 4, , on" plan-,5U-1L U9 :;34P P-1 X has owned the Property for at least one year. has owned the Property for less than one year. does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments the identification ofsuch assessments, it'any): 'Seller warrants that (here are no Confirmed Special Assessments exc assessments. if any): ept as follows (Insert "Na ( c )Owners' Association(s) and Dues: 10 best of Seller's knowledge, ownership of the Property Buyer to regulation by one or more owners' associations) and governing documents, which impo conditions and restrictions upon the Property and Buver's enjoyment thereof, including but not lim assessments (dues) and Special Assessments. If there is all owners' association, then an Own :Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard born Seller, at Seller's expense, and must be attached as an addendum to this Contract td) Sewage System Permit: ( Applicable Not Applicable) Seller warrants that the so Improvement Permit attached hereto has been installed, which representation survives C representations as to the system. as lbllows (lnsert "None" or the identification of subjects does not subjec e various mandatory covenants ed to obligations to pay regular rs' Association Disclosure anc 2A E 2- I') shal I be completed by system described in the but makes no further (e )Private Drinking Water Well Permit: ( Applicable Not Applicable) Seller warrants th I a private drinking water well has been installed, which representation survives Closing, but makes no further representations a • to the well. (if well installed after July 1, 2008. attach Improvement Permit hereto. �. SELLER OBLIGATIONS: (a )Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably ssible after the EfTective Date, copies of all title infiormation in possession of or available to Seller, including but not limited to: tit a insurance policies, attorney's es, and easements r lating to the Property. Seller opinions on title, surveys. covenants, deeds, notes and deeds of trust, leas authorizes: 0 ) any attorney presently or previously representing Seller to release and disclose an>i title insurance policy in such attorneys tilt to Buyer and Moth Buyer's and Seller's agents and attorneys: and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, g (b) Access to Property/Walk-Through Inspection. Seller shall provide reasonable access to the!, Property (including existing utilities) through the earlier of Closing or possession b Buyer, including, p` llOwing, the ( ludtnc Buyer an working, opportunity, to conduct a final walk-through inspection of the Property. To the extent applicable. Seller shall also be resptsnsible for timel} cicarin�, that portion of the Property required by the County 10 perform tests, ins (he suitability of the Property for a sewage system and/or private drinking water well, pections and;orcvaluations to determine (c) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. (d) Affidavit and Indemnification Agreement: Seller shall fumish at Settlement an atiidavit and indemnification agreement in ti)rm satistacion to Huyer 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, ti441A-8 to the Properly within 120 days prior to the date of Settlement verifying that each such person or entity has been paid in full and agrecing to indemnify Buyer. Buyer's lender(s) and Buyer's title insureragainst all loss from any cause or claim arising therefrom, (e )Payment and Satisfaction of Liens: All deeds oftrusi. deterred ad valorem taxes, liens and othe charges against the Property, not assumed by Buyer, must he paid and satisfied by Seller prior to or at Settlement such that c ncellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following .losing. ( f )Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the �roperty at Settlement unless otherwise stated herein. which shall convey fee simple marketable and insurable title, free of all ene mbrances and defects which would he revealed by a current and accurate survey of the Property; except: ad valorem taxes for the c recut car the date of Settlement): utility easements and unviolated restrictive covenants that do not materially a :ct the rated valuet orf the Property: and such other encumbrances as may be assumed or specifically approved by Buyer in writing. The Property must have (coal acres to a public rieht ul'way. NOTE: Buyer's failure to terminate this Contract prior to the expiration of the Due Diligence Page 5 of 8 � RECEI D FORM 12-T Buyer Seller in itis# ;;�* �,►��� ,,,,,�-�""— DCM WILMIN a�Revised 1/2012 In� .� Jan-jo-1e o9:35P P.1 Period as a result of any encumbrance or defect that is or would have been vealed by a title e�xaminasian of the rePro current and accurate survey shall not relieve Seller of any obligation under this subparagraph. pert) or NOTE: If any sale of the Property may he a "short sale," consideration should be given to ataching a Short Sale Add ( Standard form 2A t 4-,r) as an addendum to this Contract, endur lg) Deed, Excise Taxes: Seller shall pay for preparation of a deed and all other documen necessary to perform Seller' obligations under this Contract, and for state and county excise taxes required by law. The deed is o be made to: (h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement S expenses associated with the purchase of the Property, less any portion disapproved by Buyer's NOTE: Examples of liuver's expenses associated with the purchase of the Property include, but loan origination fees. appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, in etc.). toward any of Buyer's not limited to, discount points, nce, owners' association dues, (i) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, :tmottnt thereof can be reasonably determined or estimated. if any, provided that the (1) 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 Form 2A 12-Ty If applicable. Seller shall provide the completed Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement to Buyer on or before the Efl'ectiMe Date. (1) Seller's Failure to Comply or Breach: if Seller fails to materially comply with any of Seller's obligations under this Pararaph fi or Seller materially breaches this Contract, and Buyer elects to terminate this Contracts as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and (feller shall reimburse to Buyer Hie reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against the Seller to recover the Earnest MoneyDe posit, tho reasonable costs actuallyincurred by Buyer in connection with Buyer's Due Diligence.theprevailing party in the Proceeding Pee ashall the be entitled to recover from the non -prevailing party reasonable attorney fees and coup osts iincurred in connectionwithhe proceeding. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of �cttlement and either adjusted between the parties or paid at Settlement: t a )7axes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis: (b) Rents: Rents, if any, for the Property: (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. 9. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Properly are destro»ed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or Seller's agent and the Famcst Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does NO I elect to terminate this Contract. Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds pa%abte 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. 1(). DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto. il'a party is unable to complete Settlement by the Settlement fate but intends to complete the transaction and is acting in good ttiith and with reasonable diligence to proceed to Settlement (-Delaying Party"). and if the other party is ready, willing and able to ;_OnVcte Settlement on the Settlement Date (-Non-Delaying Party") then the Delaying Party shall give as much notice as possible to 'Ic Non -Delaying Party and settlement agent and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement ind ('losing within fourteen ( 14) days of the Settlement Date, or to further extend the Settlement Date by written agreement, then the Page RECE11W FORM 12-T DCM WILMIN .evised 1/2012 Buyer init' s Seller initia)s," _ _ Jan-30-12 09:36P P.1 Dela�ino Party shall be in breach and the Nun -Delaying party may terminate this Contract and shall remedies available to such party under this Contract for the breach, tall be entitled to enforce ar die 11 . POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing as defined in Para 9ra aIterat ions. excavations, tree or vegetation removal or other such activities may be done before possession is delivered.g ph l (m) V 12. OTHER PROVISIONS AND CONDITIONS: ClIfCK ALL STANDARD ADDENDA THAT MAY BE A PART OF Till! CONTRACT. IF ANY, AND A'ITACH HERE"1'(). ITEMIZE ALL OTHER ADDEN AFTACII HERETO. DA TO THIS CONTRACT, IF ANY, AN[ NOTE: UNDER NOR'f tJ CAROLINA LAW, REAL, ESTATE BROKERS ARF NOT PERMi'LT[ D TO DRAFT CONDITIONS COIN NNGENC TES I'O THIS CONTRACT: Additional Provisions Addendum (Form 2A i i-T) Back -Gip Contract Addendum (Form 2Ai:T) Contingent Sale Addendum ( Form 2A2- I') OTHER Loan Assumption Addendum (Form 2A6-T) Owners' Association Disclosure And Addendum For Properties Exempt from Residential Property Disclosure Statement (Fonn 2A 12-T) XSeller Financing Addendum (Form 2A5-T) Short Sale Addendum (Form 2A 14-T) 1 �.ASSIGNMENTS: This Contract may not he assigned ~ Y fined without the written consent of all parties c+ccept in connection with atax- deferred exchange. but i1' 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 atax-deferred exchange in connection with the ::urtveyance of the Property. Buyer and Seller ae pariv shall be r4onsible for all additional costsassociated withe to cooperatein hefficextchangc and provided further,exchange; Provided,hthat aen, that the exc on ex han ofng party hanging ,,hall not assume art% additional liability with respect to such tax -deferred exchange. to give effect to this provision. 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 15. PARTIES: !'his Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heir, 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 any provision herein contained which by its nature and efrect is required to be observed kept or the Closing. it shall survive the Closing and remain binding upon and for the benefit of the p performed after performed. parties hereto until fully observed, kept or 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations. utducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must he in writing and Nip ned by all parties. Nothing contained herein shall alter any agreement between a REAUI`ORI'� or broker and Seller or Buyer as contained in any listing agreement. buyer agency agreement, or any other agency agreement between them. 19. NOTICE: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. Any ,critten notice or communication in connection with the transaction contemplated by this Contract may be given to a party, or a party's a,!ent by sending or transmitting it to any mailing address, a -mail address or fax number set forth in the —Notice Infi►rrrtation" section below. Seller 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 uNer or the creation of countemfrer. 9. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the ,,ante instrument, and the parties adopt as their seals the word "SEA I.- beside their signatures below. O.COMPUTATION OF DAYS: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days. including Saturdays. Sundays, and holidays, whether 1'ederal, state. local or religious. For the purposes of calculating days. the count of "days' shall begin on the day following; the day upon which any act or notice as provided in this Contract was required to be pertormed or made. Wage of RECEIVE DCM WILMINQATAw©ARD FORM 12-T Revised tnnr? THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE IN FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Date: — .3 - C ,+ Date: Buyer WELLMAN SCONSTRUCTION, INC. (SEAL) Seller Date: Date: Buyer (SEAL) Seller Date: Buyer Date: (SEAL) Seller JAMES LANG (SEAL) (SEAL) (SEAL) NOTICE INFORMATION (NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED.) BUYER NOTICE ADDRESS: Mailing Address: Buyer Fax#: Buyer E-mail: SELLING AGENT NOTICE ADDRESS: Firm Name: LANDMARK REAL ESTATE GROUP LLC Acting as ❑ Buyer's Agent ❑ Seller's (sub)Agent Dual Agent Mailing Address: 307 ROLAND AVENUE SURF CITY NC 28445 Individual Selling Agent: NICK PHILLIPS ❑ Acting as a Designated Dual Agent (check only if applicable) License #; 250213 Selling Agent Phone#- 910-620-3370 Selling Agent Fax#: 910-328-2531 Selling Agent E-mail: _NICK(a)-LANDMARKCAROLINA COM SELLER NOTICE ADDRESS: Mailing Address: Seller Fax#: Seller E-mail: LISTING AGENT NOTICE ADDRESS: Firm Name: Acting as ❑ Seller's Agent ❑ Dual Agent Mailing Address: individual Listing Agent ❑Acting as a Designated Dual Agent (check only if applicable) License #: Listing Agent Phone#: Listing Agent Fax#: 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) DAN RIZZO ATTORNEY AT LAW (Print name) Page 8 of 8 This form produced by: F0rn(&?ftw i 800-499-9612 STANDARD FORM 12-T Revised 1/2011 RECEIVED ©1/2011 nlnAA IAll I AAIAIh'rnKI AID - - - - v ✓ . L 7 r P.lil SF,LLF,R FINANCING ADDENDUM Properly 3279 ISLAND_ DRIVE Seller: NORTH TOPSAIL BEACH JAMES LA Buyer: NG I'his Addendum is attached to and made a part of ELLMAN'S'CONSTRUCTION INC. Property. ()tier to I urchase and Contract ("Contract-) between Seller and Ruve Seller agrees to provide Buyer with Seller Financing in the amount set forth - Paragraph and conditions: ph I (d) of the Contract on the following 1 The Seller Financing shall he evidenced by a balance of purchase money terms purchase money deed of trust ('"Deed of Trust••) on the Propertm, promissory ry note ("Note") secured by a balance of '. The Deed of'I'rust shall he a first second lien on the Pro principal amount of the senior lien(s) shall not exceed the amount of the Loan as represented in Deny. If the feed of"trust will be junior to another deed of trust, the I'he Seller Financing shall bear interest prior to default at the rate of ° Paragraph S(a) of the Contract. — - —� /o per annum and shall be payable as follows: the Seller Financing shall bear interest after default at the rate of .4. Unless otherwise provided herein. the Note may be °�o per annum. restrictions on this prepayment right, the restrictions are as Prepaid whole or in part at an}' time without penalty. If there are any 5. The Seller Financing shall shall not become due and Buyer's sale or other transfer of the Property, C / payable in accordance with the terms oi' the Deed c>1 Trust upon e. G. Additional Seller Financing terms of an � y BALANCE DUE AT THE END OF MONTH 12 !7R ern► C ENTS AT 5% INTEREST ONLY WITH PPI►.+-(n„ '. l!nless otherwise provided herein, the Note and Deed of '-rust shall he in Iortn of and contain the provisions of Contract. NOTE.- Carolina liar Association Forms 4 and S, completed in accordance with the terms provided above or contained Contract. the currently in this NOTE: In the event of Buyer's default of the Seller Hnancin& Seller's remedies will likely be limited to foreclosure if a deed of trust liven to secure Seller Financing is subordinate to, or is later subordinated to, senior financing , an financing is subsequently tiveeloscd. the Seller will likely have no remedy to recover under the Note or Deed of.l, ` of the Property, an artornc%� is recommended prior to Seller agreeing S d such senior p 10 provide seller financing. nJst. The advice of THIS AhDENUU 0NTROL.F•.XC'EP1" I'IIAI' IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE fill' EVENT OF A CONF'LIC'I' BETWEEN THIS ADDENDUM AND THEE CONTRACT; PROP ' DENTITY OF THE BUYER OR SE LLER. T i n, CONT'RACT St TALL CONTROL. M SHALL RTY OR THE RECEIVED DCM WILMINGTON, NC -- - - f"r0 .13 1 ws Corm jointly approved h North Carolina liar Association REAL7pga North Carolina Association of REALTORSO, In !liner in ti Seller initial% - STANDARD FORM 2AT c• Revised 7/2011 C 712011 STANDARD FORM 2A5-T Revised 7/7(ilI RECEIVED DCM WILMINGTON, N FEB 2 2 2612 i I-JV-1C P.�2 THE NORI'll CAROL.INA ASSOCIATION OF RHALTORS*, INC . AND TIII NORTH CAROL MAKE NO REPRESIiN'TATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVIS ANY SPWIFIC TRANSACTION. Il: YOU DO NOT UNUF.RS'IAND THIS FORM OR FEEL TIIA'rINA [3AR ASSOCIATI �FOR YOUR I.F,GAi. VF:LUS, YOU SFIOUI-D CONS(JI,T A NORTH CAROLINA REAL F.$'r ION OF" I'HE DORM SIGN ►7. 17 [)OES NO' - FOR ATF A'ITORNfi,Y Hf?1`0RE Yi I3u\ cr: i2- (SEAL) WELLMA 'S CON RUCTION, INC. [,) � Date, t3uyer. -� (SEAL) Date: Buyer: (SI'AL) Date: h �/ Seller: _ JAMS LA �~— (SEAL Date: Seller: (SEAL) Date: Seller: (SLAL) RECEIVED DCM WILMINGTON, FEB 2 2 2012 m Page 2 or 2 STANDARD FORM 2A�T Y 'ro r APPLICATION FOR CAMA MINOR z 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 lie or she needs before you apply. Under CAMA regulations, the minor permit is to be issued within 25 days once a 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 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. rr r O ;-C Coastal Resources Commission Division of Coastal Management RECE° r e a�",222012 C zMe DCM WILMINGTON; NC � a •J D(W Form FB 1952-201 U/ftevised April 20)0 WELLMANS CONSTRUCTION, INC HOLLY RIDGE, NC 28445 910-329-4356 FX 910-329-1717 February 21, 2012 Jason Dai 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 ,jT6 /. -o9 3279 Island Dr., NTB, NC 28460 N77<5 0-"08 2807 Island Dr., NTB, NC 28460. NT3 /-1-- 07 1 have also enclosed the plot plan and the elevation survey for 7517 9t" 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, RECEv vku Wellman's Construction, Inc. 2 2 2012 DCM WILMINGTON, NC AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA /�, f,�y ��/ ,(�jw�• COUNTY OF NEW HANOVER CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119(b), the Before the undersigned, a Notary Public of Said County and State, North Carolina Division of Coastal Management, an agency authorized to issue CAMA permits in areas of Keith Raffone environmental concern, hereby gives NOTICE that on March 14, 2012, Welimans Construction, Inc. applied for a CAMA permit con- Who, being duly sworn or affirmed, according to the law, says that he/she is struct a single family dwelling at each of the following locations: 2807, 3279, & 3829 Island Drive, adjacent to the Atlantic Ocean and Controller Stump Sound in North Topsail Beach, Onslow County. The appli- cations may be inspected at the of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of address below. Public comments received by April 5, 2012 will be North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington considered. Later comments will be accepted and considered up to the CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119b, the North Carolina Division time of permit decision. Project modifications may occur based on of Coastal Management, an agency authorized to issue CAMA permits in areas of further review and comments. No - tice of the permit decision in this environmental concern, hereby gives NOTICE that on March 14, 2012, Wellmans matter will be provided upon writ- ten request. Construction, Inc. a Jason Dail, Field Representative Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 796-7221 was inserted in the aforesaid newspaper in space, and on dates as follows: 3121 Ix 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 �orn or ffu ed tkanucribed before me this day of A.D., 2 D t In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. Lu�uq� ' E 1 `qo E D ``� ..aaru� \E O,c nCM WILMINGTON, NC MAR 2 9 2012 � � Publl 9�. My commission expires I7 t� day of, 20 I M A �Rr it Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court M publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of MAIL TO: Clerk of Superior Court RECEIVED DCM WILMINGTON. NC MAR 302012 NO LOT 7 MB 9, PG 69 LOT 6 MB 9, PG 69 IMPERVIOUS CALCULATIONS PROPOSED HOUSE AREA---816.0 SQ. FT. PROPOSED HOUSE OVERHANG AREA---136.0 SO. FT. 3 PROPOSED 20' DRIVEWAY AREA------0.00 SQ. FT. PROPOSED DRIVE AREA BEYOND R/W ---0.00 SQ. FT. RAVE FRONT COVERED DECK AREA--------192.0 SQ. FT. ° �S�PNO 210 3 NWY F TOTAL AREA IN TRACT------------4996.0 SQ. FT. NC TOTAL IMPERVIOUS AFTER COMPLETION --- 1144.0 SQ. FT. r % OF IMPERVIOUS COVERAGE---- 22.9% (0.2290 A \` RO SITE ZOPSP VICINITY MAP NO SCALE LOT 9 & 10 MB 3, PG 165 EIR N58'01'39"E 49.82 EIR _ LOT _8_ _ r 0.12 AC MB 50, PG 106 z I cn w N O 13 . i o DECK o 113.0 N O 0 I I o 0 PROPOSED m 0 I I I I o I za.o o 0 LOT 5 0 1 PORCH 1 0 12.01 2a.0 12.0 MB 9, PG 69 _ — — J 12' EAVE OVERHANG R/W LOT 7 MB 50, PG 106 i CD p, O p,r DO C N m m R EMN � 97 ri y--� O cn> OU) - ISLAND DRIVE (NC HWY 210) - fMN / m r r 100' PUBLIC R/W D iG N IN N o PROPOSED to 0 DRIVE El EIR I S58'04'30"W 50.04 -u N Fl-lZ QD ;U Ul SETBACK INFORMATION D ZONED: MHR (NTB) FRONT SETBACK: 20' SIDE SETBACK: 8' O SIDE STREET SETBACK: 15' Z REAR SETBACK: 10' FLOOD INFORMATION �EG��vED DOM WILMINGTON, NC MAR 14 �1p�2 FLOOD ZONE: AE I nl NOTE THIS PROJECT IS LOCATED WITHIN 575' FROM THE NORMAL HIGH WATER LINE. R/W zn' cn, nnl