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HomeMy WebLinkAboutNTBEX_12-20_ Waterston.A Beverly Eaves Perdue Governor Sylvia Waterston 211 Skipper Road Hampstead, NC 28445 LTIFAA Affli LF 3-+- --i- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director October 9, 2012 Exemption Number — NTBEX12-20 202,2— >&w Dee Freeman Secretary RE: EXEMPTED PROJECT (MINOR) SINGLE FAMILY RESIDENCES ADJACENT TO OUTSTANDING RESOURCE WATERS (ORW) WITHIN THE ESTUARINE SHORELINE AREA OF ENVIRONMENTAL CONCERN (15A NCAC 07K .0208) PROJECT LOCATION/ADDRESS — 3779 Island Drive, North Topsail Beach„ Onslow County, North Carolina Dear Ms. Waterston: I have reviewed the information submitted to this office in your inquiry concerning the necessary filing of an application for a minor development permit under the Coastal Area Management Act. After making a site inspection on 10/02/2012, 1 have determined that the activity you propose is exempt from needing a minor development permit as long as it remains consistent with your site drawing(s) dated received by our office on 9/25/12, and it also meets the conditions specified below. If you plans should change and your project will no longer meet these conditions, please contact me before proceeding. SINGLE FAMILY RESIDENCES WITHIN THE ESTAURINE SHORELINE AREA OF ENVIRONMENTAL CONCERN EXEMPTED 1. All development shall be located at least 40 feet of the mean high water mark or normal water level from waters classified as ORW. 2. No ground disturbance or land disturbing activity shall occur within 40 feet of the mean high water mark or normal water level from waters classified as ORW. 3. The development may not exceed a 25% built upon area within 575 feet of the mean high water mark or normal water level of waters classified as ORW, and shall not include any stormwater collection system. 4. The development shall be consistent with all other applicable CAMA permit standards, North Carolina Building Code standards, local ordinances and local land use plans in effect at the time the exemption is granted. This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal or Local authorization. This exemption expires one (1) year from the date of the letter. Sin ly, Jason il, LPO Cc: DCM — WIRO Terrie Woodle, North Topsail Beach 127 Cardinal Drive Ext., Wilmington, NC 28405 NorthCarolina Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement, net Naturallrf Rs NORM)L CH WATER LINE MEAN: HIIH WATER LINE _ p(6,�:3 41 E 0 59.99� PAPPAS-ATr1AN T`& LUCP K-- 5777 ISLAND DR 813 -16.6 r QB 194TPG�E31 PPAS81LZ—P & PARtA 3775 ISLAND DR ' 813-16.5 D�194I-PO 552 I RYAN DAWD C & MARiE M 3803 ISLAND OR 813-16.1 ^ 4 08 1944 PC 242 - - — - - — - 'i AFAN1 JOTPH T & g'Rk[" 3801 ISLAND OR 81; 162 S 2515E E. __ .--S 2515 - -- ---,----s 4p2.38 ,�wres d t ' ' •. - --1.05.62 -- - ae ta2t . �� . -...... 1.32 BARDAx1S 1ONATMICNOR & KRI5INA M 3769 ISLAND D;SITE PLAN for 3779 ISLAND � 69 -- 813-16 4 D8 3612 PO 917 SCALE IN FEET : 1' = I'00, ------ ---- Proposed Plant Table- 8 FT BUILDING SETBACK Shrubs ymbol Scientific Name Common Name Planting Size 10 is IlIffica cerifero BAYBERRY (WAX MYRTLE) 6-8, 3'—CAL. 22 &umum lantona LANTANA 15-18' MIN. 5 Q Illex vomitoria 1 YAUPON HOLLY 36' MIN. "PLANTS SPECIES CAN BE SUBSTITUTED AS NEEDED. "PLANTS TO BE 3 GAL MINIMUM. � BUILDING SETBACKS: REQ'Q, PROPOSED FRONT 20' 30' SIDE 8' 8, 18' REAR 15' 523' PROPOSED IMPERVIOUS AREA: BUILDING = 1,343 SF COVERED POVRCHIDECI( = 680 SF GRAVEL DRIVEWAY - 911 SF TOTAL = 2,934 SF BUA (BUILT UPON AREA) CALCULA110N: LOT AREA (ABOVE HIGH WATER LINE) = 35,174 SF LOT AREA X 25Z = MIN. ALLOWABLE 35,174 X 25% = 9,29J.5 SF PROPOSED IMPERVIOUS > MIN. ALLOWABLE 2,934 SF > 9,293.5 SF NOTES. MARSH M\N FT BUILDING I EMMA JAYNE M & KEVIN R • i 3794 ISLAND DR 815 - 9 -2575 E� DB 1611 PC 520 SPENC£ JERRY Al & TERRY K J790 ISLAND DR 815_8 D6 555 fG 638 �7,A/L FORREST T & OTHERS 3786 ISLAND DR 875-7 1 08 464 PC 305 S 6675'36' W 060.00' MUM DID N 2515' W 0__80.00r — - - — - - BUA BUILDING SETBACK DETAIL ---------' SCALE* FEET- I' = 30' 1. TOPO AND ADJACENT PROPERTY INFO. PER ONSLOW COUNTY GIS 2 ONSLOW CO. PARCEL NUMBER: 812-16.3 3. ZONING = R-10 (MULTIFAMILY) 4. THIS SITE IS LOCATED IN ZONE VE AND 'SHADED' AS A SPECIAL FLOOD HAZARD WITH A BASE FLOOD ELEVATION OF 14 FT ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCYS FLOOD INSURANCE RATE_ MAP COMMUNITY -PANEL NUMBER 3720426600 J, DATED: 1113105 5. TOTAL PROPERTY AREA = 35,174 SF (0.8 AC) 6. BOUNDARY INFO PER PARCEL IN' DEEDBOOK 1821 PG 915 Z FOR INFORMATION ONLY. 1 0 Z Q cni PLAN PREPARED BY: COASTAL SITE DESIGN, PC P.D. BOX 4041 NLMINGTOW, NC 28409 fax. (910) 791-1501 Dail, Jason From: Andrea Hartley [andrea@onslowbayhomes.com] Sent: Tuesday, October 09, 2012 10:53 AM To: Dail, Jason Cc: Sylvia Waterston Subject: RE: Exemption for 3779 Island Drive Attachments: SITE_ PLAN_ 3779_island_dr_REV3.pdf; track and confirm results.pdf; OTP 3779.pdf; notarized permission.pdf; notification sent to adj prop owners0001.pdf Jason, In reference to 3779 Island Drive here is the information you requested for the exemption. (1) the name, address, and telephone number of the landowner and the location of the work, including the county, nearest community and water body; Landowner: (see attached documentation for notarized permission and OTP contract) Sylvia Waterston 211 Skipper Rd Hampstead, NC 28443 843-424-5279 Location of Work Onslow County 3779 Island Drive North Topsail Beach, NC On Heath Creek �l�eX lz-z (2) the dimensions of the proposed project, including proposed landscaping and the location of normal high water or normal water level; Proposed Project 39.5'x34'residential dwelling 911sf of gravel drive 680sf of covered decking 10wax myrtle 22 lantana 5 yaupon holly All depicted on attached siteplan (3) confirmation that a written statement has been obtained, signed by the adjacent riparian property owners indicating that they have no objections to the proposed work. See attached documentation of notification sent and track and confirm results. Thank you! Andrea Hartley Business Manager Onslow Bay Homes. LLC Office (910) 270-1259. Mobile (910) 297-2157 Fax (910)270-5387 andrea(Wonslowbayhomes.com wrw� w.O!slowMMY. es.cpm_ Follow us on facebook... wwvwv. facebook.coxii/orrslowbaylrorries From: Dail, Jason [mailto:iason.dail@ncdenr.govl Sent: Wednesday, September 19, 2012 8:17 AM To: Andrea Hartley Subject: RE: CAMA permit 3779 Island Drive Hello Andrea, This plan will suffice and I will prepare an exemption for it. However, I need the following information before I can issue it... ( I ) the name, address, and telephone number of the landowner and the location of the work, including the county, nearest community and water body; (2) the dimensions of the proposed project, including proposed landscaping and the location of normal high water or normal water level; (3) confirmation that a written statement has been obtained, signed by the adjacent riparian property owners indicating that they have no objections to the proposed work. Please call with any questions. Take care, Jason (a on Dail Field ateprest-nt.Ari e NX, Division of Coa 3tal M anagemetrt 127Cardinal Drive `tew5iorr *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties. * From: Andrea Hartleyjmailto:andrea@onslowbayhomes.coml Sent: Tuesday, September 18, 2012 10:49 AM To: Dail, Jason Subject: RE: CAMA permit 3779 Island Drive Jason, For the Project Drawings — does this just mean the siteplan drawing — or do you need the actual houseplans? I am going to scan you what I have — if you will look it over and let me know what I am missing so I can turn in a complete application 1 would greatly appreciate it. I am sending letters to adjacent property owners certified mail today. Thank you Andrea Hartley Business Manager Oftslow HomesBayj Onslow Bay Homes, LLC Office (910) 270-1259 Mobile (910) 297-2157 Fax (910)270-538- an clra. a>��rlslrvt�a�l_nesc;r 1n�vw.(?nslowBayHoines.c cym Follow Yes on facebook... rtitiv}v_.facebook.com./. onsloxvbavii. me.s.. From: Dail, Jason [mailto:jason.dailC@ncdenr.gov] Sent: Wednesday, September 05, 2012 1:47 PM To: Andrea Hartley Subject: RE: CAMA permit 3779 Island Drive Quick math: 0.8 acres = 34,848 sq. ft. If all of the 0.8 acres is located above normal high water then you'd be allowed to have up to 8,712 sq. ft, of built upon area. Call with any other questions. Jason Fif14;'Kepre e I I t Afite 'ti 'Divlsio11 ofcoastal r AI%Agejtlent 127 Cardinal Driv,* Ext nsio *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties. * From: Andrea Hartley[mailto:andrea@onslowbayhomes.coml Sent: Wednesday, September 05, 2012 1:33 PM To: Dail, Jason Subject: RE: CAMA permit 3779 Island Drive Jason, Very helpful thank you! Okay, now I understand the 25% and stormwater Rule. And if lot is 10000sgft then built upon footprint, overhang, driveways can not include more than 2500sgft. But that 25% does not include decks that are Uncovered — only decks that are covered, driveways/parking areas, eaves and overhangs and of course the structure. My next question - This parcel at 3779 Island Drive is 0.8acres but a large portion of that 0.8 acres is marsh grass. I am wondering if the marsh grass section of the lot is included in when calculating the parcel size and thus affecting the allowable built upon area? Also, if she wanted to build a small walkway and dock, to fish or crab off of, can that be included in her CAMA minor permit or should she get a separate permit to address that? Again, thanks! Andrea Andrea Hartley Office Manager Onslow Bay Holnes, LLC Office (910) 270-1259 Mobile (910) 297-2157 Fax (910)270-5387 andreaC )onslowbgyhonles.com F}H.Onsl9_� 13 vI#_o m e s.,corn. Follow us oIi facebook... Nvww._facebook.cc.. m/onslo",I)avhomicis From: Dail, Jason [mailto:jason.dail0bncdenr.gov] Sent: Wednesday, September 05, 2012 1:19 PM To: Andrea Hartley Subject: RE: CAMA permit 3779 Island Drive Andrea, A gravel driveway is considered "impervious" by definition and would count in your total percentage of built upon area. Again, if you are proposing less than 25% built upon area (that's 25% of impervious, or built upon area, in relation to the total parcel size) then you would not need a stormwater plan based on our (Division of Coastal Managements) Rules. Simplified.... Say you have a parcel that is 10,000 sq. ft. in size, you would be allowed to have approximately 2,500 sq. ft. (25% of 10,000) of built upon area to include: overhangs, covered decks, driveways, parking areas, etc. Let me know if you have any other questions. Take care, Jason '14'so Dan Field ep"Sent •G X C. Divislon of Coastal 'tan o*elft 127 Cardlual Drive Ex-tevision *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* From: Andrea Hartley[maiIto: and rea@onslowbayhomes.com] Sent: Wednesday, September 05, 2012 1:06 PM To: Dail, Jason Subject: RE: CAMA permit 3779 Island Drive Jason, Bear with me as I am new at this. We have only been involve in one CAMA permit and we were surprised in the permitting process by having to design a stormwater management system around the foundation of the home (in Holden Beach). But it sounds like you are saying that we will not have to have a stormwater collection system for this property? Am I reading this correctly? Also, does a gravel driveway count as built upon area or only paved driveway? We are working on the house plan and site plan currently. I hope to have something soon. Thank you for your information and is greatly appreciated. Thanks, Andrea Andrea Hartley Office Manager ,; nslow Homes Onslow Bay Hon"IeS, TA,C Office (910) 270-1259 Mobile (910) 297-2157 Fax (910) 270 ,5387 andrea�r onslowbavhomes.rom ....._..........................................................._..........__.........._....._j ���ti��. ntislc�w�R��3rI_Iomes. ec}m Follow ras on facebook... "�ti-Nv_.f.iGE!1 ook clan/or slo-*%,, 3ayl omea. From: Dail, Jason [mailto:jason.dail@)ncdenr.gov] Sent: Wednesday, September 05, 2012 11:08 AM To: Andrea Hartley Subject: RE: CAMA permit 3779 Island Drive Andrea, Our Rules do not allow for a stormwater collection system within 575' of Normal High Water (NHW) contiguous with Stump Sound. Additionally, any built upon area on this lot will be limited to 25%. This includes eaves/roof overhangs, driveways, parking areas, etc. The project will require some type of authorization from the Division of Coastal Management, but depending on the layout, I may be able to issue an exemption for it. We will need to see a house plan on a boundary survey, with wetlands included, before we make that determination. I'm attaching a CAMA Minor permit application package for when your mom decides to move forward with construction. Have her complete the package and return it to me at the address below. Let me know if you have any other questions. Take care, Jason field Rtoi *sentativ ,`r`.%� Cil*b=i�aaa� fCta�t tri�t�t 127 Cardiu l Driv# Extension *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* From: Andrea Hartley[mailto:andrea@onslowbayhomes.com] Sent: Wednesday, September 05, 2012 10:30 AM To: Dail, Jason Subject: CAMA permit 3779 Island Drive Jason, Wanting to make initial contact with you regarding 3779 Island Drive. My mother has the lot under contract and we anticipate building a home for her on the property. We are currently having our plans drawn up and I wanted to touch base regarding CAMA requirements. We have Coastal Site Design of Wilmington NC working on our CAMA plot plan. Are we going to be required to have any type of drainage system installed under the ground around the home? What other special requirements will we need to meet when applying for a CAMA permit for this lot? Any input you can give us would be greatly appreciated as we have a very small timeframe to get our permitting accomplished. Sincerely, Andrea Hartley Business Manager Onslow Bay Homes, LLC Office (910) 270-1259 Mobile (910) 297-2157 Fax (910) 270-5387 andreaPonslowbayhomes.com www. Qn51���4�i3<����, c�x�►es._cr�xx�, Follow us on facebook... ly-w, i'a_�e[ ook.coii-i/oiis c}wb tvhomes, OFFER TO PURCHASE AND CONTRAC7T - VACANT I,OTILAND [Constaft"Guidelines" (form 126) for guidance in completing this form I NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal me and does no, have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the pt�rly s bee I plait ha 't cd . property approved and recorded with the register ofdccds as of the date of (fie contract. if Selk-r is Buvves builder I if, I I ar d e sole invo ve,,; the construction of a new single: family closing, prior to cloinuse the standard 0lter it) Purclase and Contract, New Construction (Form 8W- I') or, if the construction is completed, use the (.,)ffcr to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 211AI-T). For valuable consideration, the receipt and legal sufficiency of which are hereb acknowledged. Buyer offen er y . to purchase and Sell upon acceptance apves to sell and convey the Property On the terms MW c0nditiOrls Of this Offer Ter purchase and Contract and an), addendum or modification made in accordance with its terms (together the "Contract"y 1. TERMS AND DEFINITIONS. The terms listed below "I have the respective meaning given them as " term. forth adjacent to each (4) "Setter": James Lana (b) "Ruver": Sylvia Waterston (c) "Property-: Ile Propertyshall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) hornets), Buyer and setter Should consider including tiro klanitfactored (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A I I - F) with this offer. 4- 3779 Islan Street Address: d I)r-iyo Citv- North Toj)sail Pkiach /im 28460 County: Onalow North (7iri_t_)Ti"na (NOTE: 1,41.0 authority over taxes, zoning, school dhwicts, utilities and mail delivery may differ from address shown,) Legal Description: (Complete ALL applicable) Plat Reference: I. nit 3772 Block/Sedion n/a SubdivisiOWCO"dominium R&A&_e� J ZYrt4Lt Estate as shown on Plat Bt 111k!Slide 08 at eage(�) 031 Mt. vQ75err othei 4266075912!2 therdesc6ption, island Dr, Parcal 060576 - Some or all of the Vropcny may be describe 41 in Dved Book 1 f32> at page 914 �k'd) "Purchase 11rier', C: paid in U.S. Dollars upon the following unns: - BY DUE DILIOFNCE FEE made payable to Seller bv the Effective f)ate, S 2,000-00 11Y ISLARNLST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph I(f) (3 with this offer OR IM delivered within five (,, i (lav-, of the 6 ective Date of this Contract by C3 cash 00 personal check (3 official 6nk check wire tram ter. BY (ADDITIONAL) LARNEST MONEY DEPOSIT made payable it) Escmw Agent �'­'!lwd in Paragraph I(t) by cash or immediately available funds, such as Official bank , heck' tit wire transfer to be delivered to Escrow Agent no later than c•gwd to said date. TIUA BEING OF THL I &VENCE with of the unpaid principal balance and all obliggions of Seller on the m. loants) secured by a deed of trust on the Property in accordance with the attached 04 Loan Assumption Addendum (Standard Form 2A&A'). BY SELLER FINANCINUr in accordance with the attached Seiler Finmwing Addendum I W (Standard Fonn)A,54). 14, t Jo BALANCE of the thwchase Price in cash at Settlement (some or all of which ma,,-, he paid with the proceeds of a new loan Should Buyer fail to dcfi\cr either the )ue Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or Other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice it) deliver good funds to the payee. In the event Buyer does not time4y deliver good funds. Seller shad have the right to terminate this Contract ulx)n written notice to Buyer. OMPNO This form jointly approved bv: STANDARD FORM 12-T 11­1 LM Norib arolin.i Har Association Page I of 9 121 Revised 7f2012 ;IrfTg,�. North < ;* rohija Association of REAL TOR.S*, laic. AMA 00M r"IWIV t) 7t2012 Buyer Seller initials )[ A W& -4qx'" xd tkmmmd Ss mlz� P*xw 44topqx-Zoo NA 0& wwwpVLAp _ _Mn (e) "Earnest Money Deposit": The Initial Earliest Money Deposit. the Additional Famest Money Deposit and any other earnest monies paid in connection with this transaction, hereinafter collectively referred to as 'Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise tcrittinated. In the event: (1) this offer is not accepted- or (2) a condition of any resulting contract is not satisfied, then the FATnest Money Deposit shall be refunded to Buyer. In the event of breach (if this Contract by 'letter, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the F-arrest Money Deposit shall be paid to Seller upon lieller'sreque,-A as liquidated damages and as Settees sole and exclusive remedy 16r such breach" but without limiting Sellers rights_tinder Paragraphs 1(c) and 2(d) fiat damage to the Property or Settees right to retain the Due Diligence Fee. It is acknowledged by the - putties that Payton , t t of the Lamest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory- and not punitive, mich amount being a reasonable estimation of the actual lass that Seiler would incur as is result of such hrcach. The payment of the 11arnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Settees; anticipated loss, both parties acknowledging the difficulq determining Seller's actual damages for such breach. li'legal proceedings are brought by Buyer or Seller against the other to recover the l.'.arnest Money Deposit. the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney' tees and court sts incurred in connection with die proceeding. 4) "Escrow Agtnt" (in"d riatne): A" N NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Farriest Money Depotih field in escrow, a licensed real estate broker ('Broker') is required by state law (and Escrow Agent, if not a Broker. hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has oblaitwd a written release from the parties wnsenting to its disposition or tinfill disbur-w-meat is ivr&red by a court ofcompetent jurisdiction. Alternatively, if a Broker or ?Van attorney Ikxiised to Practice law in North Carolina ("Attorney") is holdirig the Lamest Money Deposit. the Broker or Attorney may deposit the disputed monies with the appropriate clerk ofcourt in accordance with the provisions of N.C.U.S.,493A-12, THE PARTIES AGREL THAT A REAL KSTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE, 111E EARNEST MONEY` DEPOSIT IN AN INTEREST BEARING jiun ACCOUNT AND 114AT ANY INTEREST EARNED THERWN SHALL BE DISBURSED TO THE ESCROW AGENT MONTI&Y IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THERE WITH. (g) "Effftlive Date". -the date that. (1) tire last one of Buyer and Seller has signed or initialed this offer or the final counteroffer. if any. and (2),such sigaing or initialing is communicated to the, party making the offer or ctvriterolTer, as the case may° be, (h) *'Due Diligence": Buvce% oprx-priuniry during the Due Diligence Period to investigate the Property and the traiisaction contemplated by this Contract, including but nix necessarily limited it) the matter,,; described in Paragraph 2 Ixlow, it) decide %+,ctha Buyer, in Buyer's sole discretion, will ivocc:cd with or terminate the transaction. (i) "Out Diligence Fet": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyces right to conduct Due Difigence during the Due Diligence Period. It shalt be the property of Seller upon the L-affective Date and shall he a credit to Buyer at Ck-Aing, The Due [)it igence Fee shall be non-refundable except in the event of a material breach or this Contract by Seller, or if this Contiatict is terminated under Paragraph 6(1) or Paragraph 9, or as otherwise provided in any addendum heremi. Buyer and Seiler 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 contrat! based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard io the existence or amount of any Due Diligence fee, (j) "Out Difigvact: Period": The period beginning, on the F-Ircoi%c 0;jw and extending through 5.00 pm, on Septaxb�r 6, 2012 17-4f E HEINCY Of* THE E=7W, E with regard to said dur. Tbe pmpk-f and deiivery to the clomit, arrorrie� ot At (11ocuments necessary to complete the transaction by this Contract, including the deed, settlement statement:, deed of trust and other kian or axive-yanve documents, and the closing sa ,, ationi-ey's receipt of all fonds nectssary to complete such nun ction. (1) "St"lement Date": I he parties agret; that Settlement will take place (in 20, 2012 (the "SettIrtneiq Oite'), unless otherwise agreed in writing, at a time and place designated by Buyer. STANDARD FORM 12-T bte Buyer initials, initials Rev d 712012 If; 7/20 12 WWWJP140g_ rgq - I --! Offtr to ptachaw (m) "Closing": fhe completion of the legal pr(rcess which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (1) the Senlement (defitted above); (2) the completion of a satisfactory- title update to the Property following the Sctticment; (3) the closing attorney's receipt of authorization to disburse all necesury 4juxksw and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of tm%t, if any, which shall take place as st)On as reasonably possible for the dosing attorney after Settlement, Upon Closing sh the proceeds of sale all be dishurwd by the cloosing attar nev in accordance with the settlement statement and the provisions of Chapter 45A of the Nownh Carolina General Siatuic,.-.. I,- the title update should reveal unexpected liens, encumbrances nor other title delectsor if the closing attorney is not authorizxci to tfishurw all necessary funds, t1wn the Closing shall be suspetided and thc.1w-Itlement deemed delayed under Paragraph 13 (Delay in SenlenienvClosing). WARNING- Thc North Czrolina State Bar has determined that the perfOrmance Of most acts and services required for a closing constitutes the practice of law and must K, perAwmed only by an attorney licensed to practice taw in North Carolina. State law pro ibits unlicetised individuals or firms from rendering kgal services or advice. Although non-anorwy settlement agents may petl4m limited services in connection with a closing, they tray not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of ttx North Carolina Bar Association and the North Carolina Association of RLALTOR-ST that ;11 buyers should hire an atiorney licensed in Nalth Carolina to perform a closing. (n) "Special Assmiments": A charge against the Property by a govern mental authority in addition to ad valorem taxes and recurring governmental service fees levided with such taxes, or by an owners' association in addition to any regular asscs-,ancrit ( dues), either of'wbicb rnaN be a lieI4 against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special A Special Assessinent that is tracer formal consideration but which has not been approved prior to Settlement, "Confirmcd Spi-Xial NSMIAIMent". A Special Assessinctit that has been approved prior to Settlement whether or not it is fully payable at time of "S'ettlemcm. BUYER'S DUE D1 1.14GENCE PROCESS - (a) Loan: During the Due Diligence Period, Buyer. at Buyees expense, shall be entitled to pursue qualification for and approval of the Loan if any. (NOTE: Buyer is advised to consult with BuYees letuter Prior to signing this offer to assure that the Due Diligence Perkw allows sufficient tiMV for the appraisal to be completed and for Buyer's tender it) provide Buyer sufficient informat on i to decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract. s (b) Property Investigation: During the Me Diligence Period, Buyer or Buyer's agents or representatives, at Buyees expense, shall be entitled to conduct all desired tests, surveys, appraisals, invtfaigations, examinatiota and ins)ection% of the Property as Buyer deems appropriale. including but NOT limited it) the following: Soil. Utilities And Environmental: Reports tea determine whether the soil is suitable for Buyer's intended use and whether thiere is any environmental comantination. law, rule or rrgulation that may prohibit, restrict or limit Buyer's intended use (ii) Septic/Sewer System: Any applicable investigatioti(s) to} detert-nine: (1) the condition of an existing swagc system (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, ( � 1) the availability and expense to connect to a puh;ic or community sewer system. atA'Or (4) whether an Improvemein Permit or written evaluation may he obtamed from the County II Ith Department for a suitable ground absorption sew -age system. (iii) Water. Any applicable investi*on(s) to determine: t 1) the condition of an existing private drinking water well. (2) the costs am expenses to install a private drinkii-a water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system. Or a shared private well, and or (4) whether a Construction Permit may be obtained from the County, Health Department fern private drinking water well, (iv) Review of Documents: Review 4 the Declaration of Restrictiv't Covenants, Bylaws, Articles of IncorporatiotL Rules and Regulations. and other _governing documents of any applicable owner%'association and/or subdivision If the Property is subject to regulation by an owners' association, it is m-LommendLd that Buyer review the completed Owners,' Association Disclosure And Addendum (Standard Form 2A 12-T) provided by Seller prior to signing this offer. (v) Apprak*11s: An appraisal of the Property. (vi) Survey: A survey to deterinine whether the property is suitable for Buyers intended use and the locatiori of casements, wthack-, property boundaries and other issues which may or may not constitute title defects. Page 3 of 9 STANDARD FORM 12-T Revised 7/2012 Buyer initials iSeller initials 0 W2012 th"MrVd WMA rk*te(1* bY,2"OQU SaG70 FTse-an M& MX30 VCft9AM 4WD16 r,%WZ"OA&g= 4),Ur to putOw't (vii) 7Aining and Governmental Regulation: Investigation of current or proposed Milling of (1dw governmental regulation that may aftect Buyer's intended use of the Property, adjacent land usm planned or proposed road coil,struttion. and school attendance zones. (viii) Ulcktil Hartard. Investigation of potential flood hazx4s On the Property, and/or any rcquiMMent to purchase flood insurAnce in order to obtain the Loan. (c) Buyer's (,)litigation to Repair Damage: Buyer shall, at Buyers expense, Promptly repair any damage to the ftpertv re-witing from III ' y activities of Buyer and Buyee-; agents anti tour actor-s. but Buyer shall not be resIxinsibit for any damage caused by accepted Practices applicable to any N—C, licensor Professional performing reasonable appraisal,,, tests, survey,,,-, examinations and inspections of the Property, This repair obligation shall survive any termination of this Contract, (d) Indemnity: Buyer will indermily and hold Seller harink-is thint all loss, damage, clairns, suits or costs. which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except fbr any loss, damage, clairn, suit or c" arising out of prc-existing conditions of the Property and'or out of Seller's negligence or %killfiil acts or omissions. 'This indemnity shall survive this Contract and any termination hers or (c) Buyer's Right toterminate: Buyer ;hail have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the -Ternimation Notice-) during the Due Diligence Period (or any agreed-upoyn written extension o(flw Due Diligence Period), UAW BEING OF THE =ENCE. If Buyer timely delivers the yerminatinn Notice, this Contract shall he writtinated and the FArtwu Money Deposit shall be refunded to Buyer, WARNING: If Buyer is not satisf*d with the results or progress of Buyer's [)uc Diligence. Bover should terminate this Clontract, prior to the expirawn of 1he Due Ddigence Period, unless Buyer cAn obtain a written extension frorn Seller Sf� I,LER IS NOT OBLIGATED TO GRANT AN EXTUNSION. Although Buyer may continue to investigate the Piv"m following ' , f the expiration of the Due Diligence period, Buyer's failure to deliver a Tcrinination Notice (t) 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 zo Buyer's Due Diligence. Provided however. following the Due Diligence Period, Buyer may still exercise a right it) terminate if* Seller fails, to materially comply with any ol'Sellees obligations under paragraph 6 of this Contract or for any , , ,:)titer reason permitted under the terms of this Contract or North Carolina law, (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN rrs -rHEN EXISTING CONDITION UNLM PROVISION IS OTHFRWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: ta) Loan: Buye r IM does E] does not have to obtain a new loan in order to purch,tsc the Property. If Buyer is obtaining a new OConventiorkal mother-.Cor.�t act Sri Marra loan at a la Fixed Rate LJ Adjustable Raic in dw principal amount of 270, 000. 00 liar term of 30 yo:34s), at an initial interest rate not to exceed 6.000 % per annum (die "Loan"). NOTIF: Buyves oblip ,aticms under this Contract are not conditioned ufxm 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 liorn Buyer which demonstrates that Buyer will he able to close on the Property without the necessity of obtaining at new ltw,. (b) Other Property. Buyer C3 does Ca does not have to sell or lease other real property in order to qualify far ,a new loan Or it) complete purchase- (Nark: If Buyer does have to sell. Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2-1) with this offer.) (c) Performance of Buyer's Financial Obligations. Jo the best of Buycrls knowledge, there are no cAk-r circtunstanous or conditions existing as of the date of this offer that would prohibit Buyer from perfimning Buyer's financial obligations in accordance with this Contract. except as may he specifically set forth herein. 4. OLIVER OBLIGATIONS - (A) O*fters' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment infimnation on owners' association dues oriis�cs%nients for pa;micm or proration and any charge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer andfor document Fcc imposed by die owners' association. Buyer -,hall not be responsible for kco. incurred by Seller in contpleling the Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2A 12-T). Buyer initials wr Page 4 of 9 Seller initials STANDARD FORM 12-T Revised 7/2012 ,, , -7/2612 18010foomwo ROW. Unft"l, (Ma la putdumw (b) Responsibility for Proposed Special Asscssments: Buyer shall take title subject to all Proposed Special Assessments, (c) Responsibility for Certain Costs. Buyer "I be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and wcording of all instruments required to secure the Wance of the PurchAsc Price unpaid at Settlement. 5. SELLER REPRFSFNTA,rIONS: (a) Ownership: Scher represents. that Seller: has owm-d the Property for at least oric year. has owned the Property fix less than one year, dues not yet our the Property. (b) Assessments: To the best of Sellees knowledge there are no Proposed Special Assessments except as follows ( Insert 'None" or the identification of such assessments. if any ): none Seller warrants that there arc tit) Confinned Special Assessments except as follows (Insert "Now" or the identification of siwt as,W,Ssmcnts� if any): none (c) Owners' Association(s) and Does. I'o bast of Seller's knowledge, ownership of the Property (3 subject:, W tlo,.not subject Buyer to regulation by one of more owners' association(s) and governitiv. documents, which impose various covenants. conditions and restrictions uport the Property and Buyer's enjoyment therc of. including but not limited to obligation; to pay regular asses,sments, (deeds) and Special Assessments. If there is an ow rict,' iN-,(wiation, then an Owners' Association Disclosure and Addendum For Pti-opertics Exempt from Residential Property Disclw-wre -,taicment (Standard Form 2Al2,-r) shall be completed by Seller. at Sellet's expense, and must be attached as an addendum to this Coatract. (d) Sewage System Permit Applicable Q Not Applicable) Seller warrants that the sewage "era) described in the Improvement Permit artached hereto has been installed. which representation survives Closing. but makes no further representations as to the system. (c) Private Winking Water Well Permit: Applicable (a Not Applicable) Seller warrants that a private drinking water wall has been installvd. which representation survives Closing, tun makes no further representation-. as to the well. (if well installed after July 1, I(l S. attach Improvement Permit hereto.) 6. SELLER OHLICA11ONS. (a) Fvkkuve of Title: Seller agrees to we best efforts to deliver to Buyer as ,Avon as reasonably possible after the hAective Date. copies of all tide information in possession of or available to Seller, including but not limited ter: tide insurance policies, attorricy,, opinions on title, survey%. covenants, deeds, notes and deeds of trust, leases, and casements, relating to the Propeirty. Seller authorizzs (1) any attorney prmtttly or previously representing Seiler w release and disclose any title insurance policy in such attorticys file to Buyer and both.Buycr% and Seller's agents and attorney-c. and (2) the Property's tide insurer or its agent to release and disc lom all materials in the Property's title insurces (or title insurer's agent's) file to Buyer and both Buyer's and Settees agents and attorneys. (b) Access to Properily/Walk-Through Inspection: Seiler shall provide reasonable access to the Property (including working, existing utilities) thrmigh the earlier of Closing or ".session by Buyer, includingbut not limited to, allowing the Buyer an opportunity to conduct a fitul walk-through inspection of the Property. To the extent applicable, Seiler shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections ardor evaluations to determine the suitability ofthe Prt Wny for a sewage system andlor private drinkin waterwell. (c l Removal of Seller`4 Property. - Seller shall remove, by the: thite possession is made available to Buyer, all personal Property which is nt-it a part of the purchase and all garbage and debris burn (fie Property. (d) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit and ituictimilication agreement in kirm satisfactory to Buyer mid Buyers title insurer. if any, executed by Seller and any person or entity %vho has performed or furnished labor, services, materials or rental equipment as desc-ribed in N.C.G.S. §44A-8 to the Property within 120 days prior to the date of Settlement verifying that each such posem or entity has been paid in full and at; v Bu and Ruyees title insurer agairtst all loss from arty catise or claim arising therefrom jeeing to indetrutif, yet. Buyves lenderts) o�) Pavittent and Satisfaction of Liens: All deeds of trust, deterred ad valorem taxes,, Items and other charges against the Property. not aisumed by Huycr. must be paid and satisfied by Seller prior to or at Settlement such that cancellation may K- promptly obtained tollowing Cloilm., �cller vhall remain obligated to obtain any such cancellations following Closing. Page 5 of 4) STANDARD FORM 12-T Revised 7/2012 lilkyet initials Seller initials 07/2012 tiracwt ofrw W pureWbe *1tnZ--,+QM*tT* rCA,toX !W-0 I 4W,�W* Rmcl Fas,� tdwhqw, Ak", 16 Title. Legal Access: Seller shall execute and deliver a GENERAI. WARRANTY DEED for the Property it, unless otherwise stated herein, which shall convey fee simple martetable am insurable title, five of 311 encum s and defects whici, , hrancL� would be- revealed by a current and accurate survey of the Property, except. ad valorem taxes for the current year (prorated through the date of-Settlanent); utility casements and unviolaW restrktive covenants that do not (naterially affect the value of the Property; and such other encumbrances as may he assumed or specifically approved by Buyer in writing, The I-Iroperty must have legal access to a public right of way. NOTE: Btyees failure to terminate this Contract prior to the expiration of the Due Diligence Period as, a result of any encumbrance or defect that is <it would have been revealed hy a title examination of the Property or a current and accurate survey shall not relieve Sella r of any Obligation under this subparagraph. No 111- tf any sale of the property may he 41 "short sale,** consideration should he given to attaching a Short Sale Adderidurn (Standard Form 2A 14-11 as an addendum to this Contract. 1,g) Deed. Excise Taxes: Seller shall pay I' t)r prepatatioss n of a deed and all Other documents necessary to perform seller'sObligation- under this Contract. aced fin .late and county excise taxes rejuired by law, I'hc did is to he made to: §Xlvia Waterston (h) Agreement to Pay Buyer Expenses. seller shall pay at settlement 8 -0- toward any of Buer',� expenses associated with the purchase of the Property, less any portion disapproved by BZWe; ictuVr. NOTE. Examples of Buyet's expenses associated with the purchase of the Property include, but we not limited to, discount points. loan origination fees, appraisal fees. anornevs tees, inspection fees, and, "pre-paids" (taxes, insurance, owners! agstxiation dues, ew), 0) P11YRIC"t Of COO(IrMW Special Assessments: Seller shall pay all Confirtned Sp"l Assessments, if any, provided that the amount thereof can be reasowihty dinermined or estirnated, (j) Late Listing Penalties: All property tax laic it wiN. ,hall be paid by Seller. (k) Owner%' Asso etion Disclos, uric and Aildvii(Imn For Properties t'ienipt from Residential Property t)iscIvsjjt,V 'sIAWIUCnt (Standard form 2AI2-1*'f: If applicable, 4eller sh3li P")%'ide the COMPItUXi Owners' Amociation Disclosure and Ad,kndum For Properties Exempt fiwn Residential Property Disclosorc '11,11entent to Buyer on or before I tie Effective gate. VI) Seller's Faflare to Comfly or Breach: If Seller fitiLs to materially comply with my of Sellerns s ("igatiounder this aragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a resuit'of such failure or breach, then the Earnest Money Deposit and the Due Dili9cil" Fee Shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actualiv incurred by Buyer in connection with Buyer's We Diligence without affecting any other revwliwi. I I If tept proccv-dings are brought by Buyer agai "st the Seller to recover the Eatnem Money Deposit, the I-Xie Diligence Fee an&or the reasonable costs actually incurred by Buyer in connection with Buyes Due Diligence.'the prevailing party in the proceeding shall he entitled to recover from the non -prevailing party reasonable aftoracy fees and court costs incurred in connection with the pnxx,eding. PkORATJONS AND ADJUSTMENTS: Unless otherwise provided, the followitir, items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settleincut: (a) Taxes on Real Property: Ad valorem taxes and recurring govemmentat s�i I vied with such 0 shall be prorated on a calendar year basis, I ties It s c taxes n real property (b) Rents: kcntsif any, for the properry, (c) Does. Owners:' association regularis d and I c ch gcs, assessutic.-n ( ttes) other ik ar 8, CONDITION OF PROPEWIrY AT CLOSING: Buyer's obligation to c0l"Plete 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 teat exceptcd 9RISK OF 1AKS: The risk Of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the imMwements on the Property are destroyed Or materially damaged prior to Closing, Bow may terminate this Covbzd by written notice delivered to Seller or Seller's agent and the 1,.arnest Money Deposit and any Due Diligence I`ee shall he refunded to Buyer. In the event Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Settees iwtirance proceeds payable on account of the damage or destruction Applicable to the Property being purchased. Sk-Ilet is advised not ik, ,ancel existing insurance on the Property until after contimming recordation of the decd. Page 6 of 9 Buyer itutiah; Seller initials 0 STANDARD FORM 12-T Reviftil 712012 0 7/2012 10. DELAV I[N WITLEMENT/C1,A)SING: Absent agreement it) the contrary in this Conti -act of any subsequent modification thereto, if a party is unable to comple-te Settlerrient by die Settlement Date but intends it) complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party-), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the tMaying Party, shall give a4 much notice as possible to the N,(in-Delaying, Party and closing atuwney and shall be entitled to a May in 'Settlement., Ifs the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date. or to further extend the Settlt"�ein Date b" � written agroement, then the Delaying Party shall be in breach and die Non -Delaying Party may tenninate this Contract and shall be c available to such party under this Contract for the bra h. untitled it-) enforce anv rerriedics 11, POSSESSION: Unless otherwise provided herein, possession shall he delivered at Closing as defined in paragy-4ph I(m), 'No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 12. OTHER PROWSIONS ANY) CONDITIONS: CHECK ALI, STANDARD ADDENDA THAT MAY Bl" A PART OF THIS CONTRACT, IF ANY, AND ATTACH HLKF,T0. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRAC7, IF ANY, AND Al-FAC" HERFA 0, NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED To DRAFr CONDITIONS, OR CONTIM.'PENCIESTO THIS CONTRACT. Additional Provisions Addendum (Fonn 2A I 1-"I`) Loan Assumption Addendum (Form 2A6-,n Back -Up Contract Atkictidum (Forrin 2AI-T) Owners' Association Disclosure And Addendum For Properties D Comingen[Sak- Addendum (Form 2A2-T) Exempt from Residential Property Disclosure State rent (Form 2A 124) Seller Financing Addendum (Form 2A5-T1 Short Sale Addendum (Form 2A 14-T) OT14ER: Agant is daughter to buyer 13, ASSIGNMENTS: JU Contract may not be assigned without the %ialm consent of all parties except in connection with as tuxes deferred exchan&v. but if assigned by aW;e4anent, than this Contract shall be binding on the assignee and assignee's heirs and successors, 14. TAX -DEFERRED EXCHANGE: tit the event Buyer or Seller desires to effect a tax-d6cmd exchange in connection with the conveyance of the Property. Buyer and Seller agree to cooperate in effecting such exchange, provided. however, that the exchanging party shall be responsible for all additional costs associated with such exchange. anal provided further, that a non -exchanging party shall riot assume any additional liability with respect to such tax -deferred exchange. Buyer and Setter 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 its give ctiect it) this provision, 15. PARTIES: 'This Contract shall he binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, succesw,m and assigns. As used herein. words, in the singular include the plural and the masculine includes the feminine and rieuter genders, as appnTriate, 16. SURVIVAL: If arty provision herein containtd which by its nature and effect is required to be observed, kept or pert' aller the Clo%ing. it shall stitvive the Closing and remain binding upon and for the beriefit of the parties hereto until fully observed, kept or pertbirmed- 17. ENTIRE AGREEMENT: This Contract ecwrt.rict tht,, ctitire agreement of the parties, ard there are tit) repmsemations, indiixements or other provisions other than those expic-,wit herein. All changes, additions or deletions hereto must he in writing am signed by all parties. Nothing contained herein shall Ater any agreement between a RFALTOR* or broker and StIler or Buyer as contained in wiy listing agreement, buyer agency agreement, or any other agency agreement between them. M NOTICE: Any "ice or communicadon to be given to a party herein may be given to the party or to such party . s agent. Any written notice or cormunication in :.ormection with die transaction c(mtcmplatted by this Contract may be given to a party or a part Y's agent by sending or transmitting it it; afiv t:Wling address, e-mail address or fax number set f(milt in the "Notwe Information" section hLlow. Seller and Buyer agree that 4,1w "Notice Information" and "LSt:triw Acknowledgment" sections bcl(m shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not consfitury .1 rejection of an offer or the creation of a counterollcr. Pup 7 of 9 STANDARD FORM 12-T 10�01 k ktd 7/2012 Buyer initials Seller initials, 0712012 1411" Pm*"d Woh oy zvo oam 100?0 f **wg W" R11W: fl*. W 41KIA WqWAp ,, , 'tAgEMM Otybf to putdifte 19. FXECUTION: Thi,, Contract may be signcd in multiple originals or counterparts, all of which together coTL tilute 0 e the s n and vane i�untcbnt, and the parties adopt is their seals the %vord *SCAL" twemide their signaturc-,. mow, 20. COMPUTATION OF DAYS: Unless otherwise provided, lot purrx)%es of this C'outnwi, the ten-n "days Amll mcan consecuti%-e caleudar cbNN. including Saturdays, Sundays. and holidays, whether federal, state, local tit reli,ios. or the purposs of cauin g days, the count of "days' shall begin on the day following tht day upon which any act or notice as provided in this Contract was required to he performed or inade. THE NORITI CAROLINA ASSOCIATION OF RL-LTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKL NO REPRESENTATION AS TO TITE LEGAL V�% I IDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION, ff"YOU DO NOT U'v I)1 RS FAND THIS FORM OR FEEL THAT IT DOTS NOT PROVIDE FOR YOUR LEGAL NEEDS. YOU SIIOIJLD CONSULT A,\i)it I H CAROLINA REAL ESTATE ATTORNEY BEFORE, Y00 SIGN IT. This offer shall become a binding contract on the Effectivc Date. Date: Flu yg Jt Waterston I)PAte: Buytr sclic-r J14-as r19' (SFAL) SCIICT Date. Date: M (SEAL) tictir Page 8 of 9 (SEAL) (SEAL) STANDARD FORM 12-T Rtviwd 7/2012 0712012 i"M Wa ffaw "— Www�TjzaL' --.-I Offtr to pmchasr NOTICE INFORMATION VNOTE: INSERT THE ADDRM ANDVOR EI,E(.rRoNIC DFIJVERY ADDRESS FACH PARTY AND AGENT APPROVFS FOR j'11L, RECEIPT OF ANY NOTICE CONTFk11PIATFD BY THIS CONTRACT. INSERT "'NiA' FOR ANY WHICH ARF NOT APPROVED) BUYER NOTICE ADDRIM: SELLER NOTiC-F ADORM: Mailing Addrew MMing AtIctress. Buyer Fa0: Buyer SELLING AGENT NOTICE ADDRES.s: Firm Name Wilkinson & Azsociat-.es Acting. as( a Buyce% A_ventfj Sellces (sub) Agent( Mil Agent Mailing Address: L3Acting as a Designaied Dual Agent (check only if applic") l,icew-,c #: 229922 Selling Agent Phonefl: (910)297-2157 Sell* Agent Fax: am Selling Agent E-mail: --dro*ooneivwbaybcomm . Seller Fax#; miter F-mail: LASTING AGENT NOTICE ADDREVS: Finn Name: Acting wi (3 Sellet's Agent [3 Dual Agent Mailing Address. - Individual 1-isting Agent-, El Acting as a Designated Dual Agent(check onl\, it-,,ppjjLjjjc) Liemse Listing Agent Ilhonc*: Listing Agent Fax#: Listing Agent F-ma& ESCROW ACKNOWL.EDGMENT OF INITIAL EARNL%T MONEY DEPOSIT 11wf":3779 :'stand Drive North Topsail 13"ph, 29460 S 1 eller: jf,anq, Buycr:SVlv.ia WIterston, Escrow Agent acknotvit41g," receipt of the Initial F.arntv Money Dc"it and afire" to hold god disburse the name in ar4cordfljjc(. with the terms hercof, Date Firm: Lando"k R*ai Estat� ;L2ue-- By: Urc) Nick Phil- � i Print gable} Page 9 of 9 STANDARD TANDARD FORM MT Revised 7/2012 0 7a012 F,vwLKw,*d) :vrtra°* tr( nr4 <yrw iwr, u,t#v, ttic Row r,-: t v--gov., 4w,)26 3fi ffi..$$t Mer To purchaw ADDITIONAL PROVISIONS ADDENDUM PrOW"Y 3779 Island Drive, North Topsail Beach, 28460 Seller'. 4 a, I—tnq, Buyer-, ftivia Waterston, This Addendurn is attached to and made a part of the Offier to Purchase and Contract ("Contract") between Seller and Buyer for the propem. NOTE OTE- All of the Jbilowing, provisions which are marked with an "X" shall apply to the attached Offer to Purvhaw and Corm -act or OtTer to Purchase and Contract - Vacant LAWIaW ("Contract'). Tht,,*e provisions marked "Ni"A' shall not apply, I FXPIRATION OF OFFER: This offer shall expire unless unconditional acceptance is delivered to Buyer on or tvtbre — (3 AM Q PM, on 7`111E BEING OF r[IF. E&VENCE.oruntif withdr4wit by Buyerwhichevvt occurs in -sit. 2. _n/a (To be used with Otler to Purchase and Contract Fom 2-T only) SEPTIC SYSTEM INSTALLATIONI MODIFICATION. As a pan of the RwyWs Due Diligence, Buyer intend,,, to obtain an Improventent Pennit or written evaluation ftorn the County Health Department ("County' for a (check only ONE) Q conventional or other ground absorption sawage system for a bednK)m home, Fxctpt for the costs for clearing the I'Toperry, all ousts and expenses of obtaining such Permit or written evaluation Shall be home by Buyer unless otherwise x-,reed.. Seller shall be, responsible for clearift that portion o(the Property required bN the County to perform its tests and, or inspections by no later than (NOTE -Invert a dwe tAw will allow twinto be completedprkir to the end of the Due Diligence Period) 3- nj,% RENTAI,jINCOMFANVESTMENT PROPERTY: The Propertysball be conveyed subject to cxWing Tease s andlor rights of teriants, Seller shall deliver it) Buyer on or before true and cmtplete copies of all existing leases, rental aj greements, Outstanding tenant noficc,", WTitten statements of' all oral tenara agreements, Aabmwnt of all tenarWs deposits, uncured defaults by Seller or tenants, and clairns made by or to tenants, itany f NOTE:Imert a date that will allow review to be ctmWleied fvlor to to end of the Due lidigeme Periody. NOTE: 00 NOT USE THIS PROVISION FOR PROPERTY SUBJECTTO THE NORTH CAROLINA VACATION RENTAL ACT. A VAC A I ION RENTAL AI)DENDUM SHOULD BE USED N� SUCH CASES, A. AGREED -UPON REPAIRS ANDIOR IMPROVEMENTS: Seller agrees, prior to Settlemetit Date and at Seller's cKpense, to complete the followinlv, nems: To provido written nest ar it li� �ssion for to jatE file and obtain the followinj Earmits CAMA, Zoning as Building. To provide arich stritton f2oruissaon no later thwi c azys from offective date of this contract Buyer shall have the tight to verify, prior to Settlement, that the above, items have been empicted in a g;W—and wodananlike ntarmer. 5, n/a IMANVFACTURKD (MOBILE) HOME: The Property shall include the following manufacuurd (mobile) hotric(s) located on the Property, WNW: or 0 WN(s) unknown Other description (jvar. model, etc. IN THE EVENT OF A REIVU.N' T141S ADDENDUM AND CONTRACT, TIIIS ADDENDUM SS All.,, CONTROL, EXCUrf THAT IN I'l-W CASE OF SUCH A CONFLICT AS TO TIff, DRS "X[PTION OF THE' PROPERTY OR THE IDEN11TY OFHF BUYER ORSELLER. THE CONTRACT SHALL CONTROL. This forin jointly approved by: Page 1 01`2 STANDARD FORM 2A I I -`I" North Carolina liar Aswwiatkm 12i Rvviwd 7/2012 19 04* RuNCT initials Seller initial.-; X4 fto"UWL Nf, 3*44i 00,121".2151 fwk: r4" W r4mum THE NORTH (7AR0q,fNA ASSOCIATION Of REALTOR'.W. INC, AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRLSLINTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TkANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEFLTiJAT IT DOES NOT PROVIDE FOR YOUR LWAL NEEDS, YOU SHOULD CONSUL I' A NORTH CAROL INA kF.At ESTATE ATTORNEY BEFORE YOt J SIGN IT. Dwc: FAL) v izi Waterston Mtc,__ Buver (SEAL) Date: Buyer (SEAL) rktte: �9-30> - SO) �)xZ��Z (SEAL) Jamen Duic. Seller (SEAL) Duic, Seller (SEAL) PmW 2 of 2 STANDARD UORM 2AII-T kcyised -7/2012 0 7a0j" 160mr-awmeawd Wim t> Sup-18-12 09:22A Re: 3779 Island Drive To Whom It may concern, 1, James Larg __ , owner of property located at 3779 Island Drive give my permission for Onslow Bay Homes, LIC, representative of Sylvia Waterston, to apply for all LAMA, ZONING, BUILDING and State of North Carolins County of related to my property. (seat) I, the 1 JntlCrsigneti Notary Jthi�s ar,A' L ('ounly. North Carolina, certify that A na F auigridjlfpersonallyappear be rc day and acknowled the due exe�jyiio of to thregotng instrdment lbr the purpose therein expressed. Witnes y d and oil I - , this a 'day ot, S Q���,,_,IZW..20/'L !My Commisainn expires: Nolrtry t1 tt ttVtUt��i��� Printed or typed name