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HomeMy WebLinkAboutOI_19-59_ WestIssued by WiRO Oak Island 01 19-59 Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environmental Quality 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 the West End Estates, LLC, authorizing development in the Inlet Hazard (AEC) at the end of West Beach Drive adjacer to 7001 West Beach Drive in Oak Island, Brunswick County, as requested in the permittee's application and survey, dated receives on October 29, 2019, and drawing, dated received on November 18, 2019. This permit, issued on November 18, 2019, is subject ti compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special condition. 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: The construction of a 600 linear ft. access road at the end of West Beach Drive. (1) All proposed development and associated construction must be done in accordance with the permitted drawings ani survey dated received on October 25, 2019 and November 18, 2019. (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 ani modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at (910) 796-7215 for a final inspection a completion of work. (Additional Permit Conditions on Page 2) RECEIVED DEC 19 2019 DCM WI ING N, Ni 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: December 31, 2022 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 another party without the written approval of the Division of Coastal Management. Field Representatii 127 Cardinal Drive Wilmington, NC 28405-3845 X, PERMITTEE Name: West End Estates, LLC Minor Permit # 01 19-59 Date: November 18, 2019 Page 2 (5) The structure must be set back a minimum if 60 feet from the first line of stable natural vegetation, as determined by the DCM, the LPO, or other assigned agent of DCM. (6) Any structure constructed within the inlet hazard area 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. (7) All unconsolidated material resulting from associated grading and iandscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and mulched) within 14 days of construction completion. (8) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC rules. (9) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. (10) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilized. (11) Dune disturbances and land disturbing activity shall be restricted to the surveyed area per Map Book 33 Page 85 as submitted in the application. Note: Any additional land disturbing activities and/or construction on individual lots adjacent to the road ROW, including construction of residential structures, will require individual CAAMA Minor Permits from the Town of Oak Island. SIGNATURE: x PERMITTEE DATE: �', 1L1 10 9 RECEIVED DEC 19 Z019 DCM WILMINGTON, Locality Oak �&A Permit Number U Z 59-1q Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other,_ (For official use only) GENERAL INFORMATION LAND OWNER - MAILING ADDRESS Name_ !su, (man' � �KawV�uei Address 'POffin�-Z -To v Cih' CA4 State l� Zip 0\ 45191Phone 1 `1 Email `j(,� Yj61M60, C6YY1 AUTHORIZED AGENT ' Imo, Nam r�h Q(jv IS� / 6ockyNoweS,�C AddressM!��aAo�494 S .eJ 10 City C,�-kj Icy 0Vt State ipPhone `7 1&—Z& 3—( (aD0 Email LOCATION OF PROJECT: (Address, street name and/or directions to site; name of the adjacent waterbody.) tea 6.6t 0,h C .XflQA4G DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) QCC� KQ Z% GO( SIZE OF LOT/PARCEL: N I /'f square feet PROPOSED USE: Residential (Single-family 0 Multi -family Commercial/Industrial ❑ Other COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies to your property): (1 OCEAN HAZARD AECs: TOTAL� � 5���� f FLOOR AREA OF PROPOSED STRUCTURE: square feet (includesPi��% air conditioned living space, parking elevated -above ground level, non -conditioned space elevated above ground level but -xcluding non -load -bearing attic space) �00 ;2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT JPON SURFACES: square feet (includes the area of the foundation of all buildings, driveways, covered dec ncrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project d- g.) 70 >TATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a Statue ;tormwater Management Permit issued by the NC Division of Energy, Mineral and Land Resources (DEMLR)? /u C� h T!1 / - A 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 Mortification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and .ners. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: I, 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 can be described as: (check one) an owner or record title, Title is vested in name of see Deed Book page in the an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County Registry of Deeds. County. _LZ_if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this application. NOTIFICATION OF ADJACENT RIPARIAN PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (1) ;4) AC: ffJJ� / the undersigned, acknowledge that the land owner is aware that the proposed development is panne or a�area K o nay be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu- ar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza- ion and floodproofing techniques. furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, ie Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information -lated to this permit application. andowner or person authorized This the day act as his/her agent for purpose of filing a CAMA permit application kis application includes: general information (this form), a site drawing as described on the back of this application, the vnership statement, the Ocean HazardAEC Notice where necessary, a check for $100.00 made payable to the locality, and *nformation as may be provided orally by the applicant. The details of the application as described by these sources are corporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of y permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action. --w-V11 —lvc—Fv 9— cvlvul AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Applying for Permit: 61 .-rl Mailing address: -7 7 Phone Number: I certify that I have authorized Agent Contractor' to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of C<-,L4 'ta -P -Z) at my property located at in County. This certification is valid through Date (Property Owner Information) DocuSigne �-2BOF663F2C608 Signature Mani Sundaram Print or Type Name Member manager Title 7/10/2019 Date 919-818-1576 Phone Number mani.sundram@gmail.com Email Address NORTH CAROLINA Environmental Quality December 4, 2019 West End Estates, LLC c/o Mani Sundram PO Box 5278 Cary, NC 27512 Dear Mani, ROY COOPER Governo, MICHAEL S. REGAN Secretarj BRAXTON DAVIS lhrecto, Attached is CAMA Minor Development Permit 01 19-59 for work to be done at West Beach Drive adjacent to 7001 West Beach Drive, in Oak Island, Brunswick County. An electronic copy has been sent to the Oak Island Inspections Department and to your Agent. To validate this permit, please sign both copies as indicated for our records. Retain the orange copy for your files, and return the white copy 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. Enclosures Cc: WiRO files 01 Inspection Dept. Garrett Isenhour —Agent 1 incerely, Tanya . ietila Permit upport Technician N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MacPherson, Tara From: Garrett Isenhour <garrettisenhour@isenhourhomes.com> Sent: Thursday, November 7, 2019 12:04 PM To: MacPherson, Tara Cc: Donna Coleman Subject: [External] FW: 7001 W beach Attachments: Survey Access Easement.pdf Hey Tara, Is this what you are looking for? The access will be 8" of crush and run during construction of the homes. Once the home is complete we will top it with 4" of #57 slate. The drive will be approximately 12' wide when complete. Thanks! Garrett Isenhour ISENH0UR F+C7toLL Isenhour Homes St. James Square 4330 Southport Supply Rd. Suite 101 Southport, NC 28461 (910) 363-1620 - office (336) 409-7969 - mobile earrettisenhour(@isenhourhomes.com www.isenhourhomes.com From: Garrett Isenhour Sent: Thursday, November 7, 2019 10:05 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: Re: 7001 W beach Hey Tara, I will email that to you when I get to the office. I tried to send Monday but must have not gone through. It was my understanding that we didn't have to send adjacent homeowner letters because the town owned the propert on both sides. I thought that was the reason the review was turned over to you. slit i `_33 -M — W, 11 ,—� I fin►` �-.,,�( t, �. lk, ❑ ❑ ❑ ❑ A< �41to❑ ❑sa= ill Ni'ifx ' st lag to A" I iI 1 s � , �41 .� ?Ilis r l RECEIVED ell if OCT 2 9 2019 DCM WILMINGTON, NC`;' +x-,ARw- AEC HAZARD NOTICE Project Is In An: ��+ Ocean Erodible Area High Hazard Flood Area Property Owner: Property Address:��'� Date Lot Was Platted: _ l.0 1 r�• �" i 4% 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 -located 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 a 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 �M_feet landward in a major storm. The flood waters in a major storm are predicted to be about 18 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. Fhe applicant must acknowledge this information and requirements .y signing this notice in the space below. Without the proper .gnature, the application will not be complete. ` Inlet Hazard Area SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive stones and erosion. Permits issued for development in this area expire on December 31 of the third year following the year iu which the pen -nit 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 remeasured. Also, the occurrence of a major shoreline change as the result of storm within the 60-day period will necessitate remeasurement 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 urore information, contact: —DO rl� N A�t'vl Local Permit Officer 4LOI E. Oal� Ts�nd �2 Address rr C7al�. �Slar�c�� IV Z.aLi�� Locality 910 a01- a0 49 Phone Number dCo(enna+n @ C'i. oa k-island. nc. us DocuSign Envelope ID: 2AOC3364-32CD-41083-S, 3A9OCFD5EF58 OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract -New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to eacl term. (a) "Seller": Dennis Michael, Denise Michael (b) "Buyer": West End Estates, LLC. (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactures (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A11-T) with this offer. Street Address: 7001 W Beach Dr City: Oak Island Zip: 28465 County: Brunswick North Carolina NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown: Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 11 , Block/Section 143/5-B , Subdivision/Condominium Kings Lynn , as shown on Plat Book/Slide 3 at Page(s) 113 The P1N/PID or other identification number of the Property is: 233oa018 Other description: L-11 B-143 S-5B KINGS LYNN PLAT 3/113 Some or all of the Property may be described in Deed Book 245 at Page 593 (d) "Purchase Price": $ $ 492,000.00 10,000.00 $ 10,000.00 $ zero $ zero $ zero 472,000.00 paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to EscroA Agent named in Paragraph 1(f) by ❑ cash M personal check ❑ official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR X❑ withil five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by cash, official bank check, wire transfer o: electronic transfer no later than 5 p.m. on TIME BEING OF THE ESSENCE. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). 113 This form jointly approved by: Page 1 of 11 STANDARD FORM 12-1 North Carolina Bar Association f2l Revised 7/2011 REACTOR® North Carolina ociation of REALTORSO, Inc. 0 AINU 11Y ©7/2011 RTU Buyer initials Seller initials 20-- Better Beach sates, 8601 Eau Oak IDland r sand, NC 28465 Phone: (910)523-0540 Fax: 1910)278-8990 John Hamilton produced with zipFomtm by zipLogix 18070 Ffteen Mlle Road Fraser, Michigan 46026 mmaioLook.corn 7001 W Beach uv61,101y11 envmUJJU w: DAWL11-uotr00 Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should an} check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shal have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. 1z the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other eame, monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be depositec and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwisit terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Eames Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. Ir the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and w Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage t< the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Mone} Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): GEDDINGS AND KLEVA NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions ofN.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, i any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, includin; but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate th Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(n) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. G) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. of 30 days from contract TIME BEING OF THE ESSENCE Page 2 of 11 Cis t Buyer initials S Seller initials Produced with #Form@ by ypLoglx 18070 Fifteen We Road, Fraser, Michigan 48026 www.xiuLoaix.com STANDARD FORM 12-1 Revised 7/2011 © 7/2011 7001 W Beach D vwuolyu GnvGwNtl tu: crrV�.33o4-3YGU-4Utf3-:, bA9UGFU51=F58 (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transactic contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, ani the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on Qt--toher '40 , 2019 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. (m) "Closing": The completion of the legal process which results -in the transfer of title to the Property from Seller to Buyer, whit includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Propertl following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for thi closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance wit] the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should revea unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, thei the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closin constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State ]a% prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolin, Bar Association and the North Carolina Association of REALTORS@ that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either o! which may be a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 5(b), and Buyer's and Seller' respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). 2. BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCI PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (a) Loan: Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consul with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desires tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: Page 3 of 11 DS Buyer initials �'S Seller initials Produced with ApForrtlD by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48025 wmu&j2g1A.M STANDARD FORM 12-1 Revised 7/2011 © 7/2011 7001 W Beach D a+vwoJyrr crrvaiuNa w. cr�waoo<r-�t�.u-4l.tlJ-s, 0Hyul:1_u5thb1J (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there i,; any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use: (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property i subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2Al2-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals: An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any streets)/road(s) are public or private, (2) whether any streets)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute, consult a NC real estate attorney. (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan: Buyer 7M does ❑ does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: M Conventional ❑ Other: loan at a os Page 4 of 1 Buyer initials [_As Seller initials tr Produced with zlPForrrO byzipLogix 18070 FlUen Mde Road, Fraser, Mlchlgen 46026 ZM zjz'gjLgylx.cam STANDARD FORM 12-T Revised 7/2018 © 7/2018 7001 W Beach Dr _Vwolull CIIvt;1UPU IU. LMUI.JJb4-JLl,1J-4t,.5J-J bAWUW UJtFbt3 M Fixed Rate ❑ Adjustable Rate in the principal amount of 80% of price for a term of 30 year(s), a an initial interest rate not to exceed 6.000 % per annum (the "Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. NOTE: If Buyer does not intend to obtain a new loan, Seller is advised, prior to signing this offer, to obtain documentation fron Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property: Buyer ❑ does M does not have to sell or lease other real property in order to qualify for a new loan or U complete purchase. NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2 T) with this offer. (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances a conditions existing as of the date of this offer that would prohibit Buyer from perfornvng Buyer's financial obligations in accordance with this Contract, except as may be specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners' association for providing information required by Buyer's lender; (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees"; (iii) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller. IM 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 [j are M are not any Proposed Special Assessments. If any Proposed Special Assessments, identify: oak Island Sand Assessment Seller warrants that there ❑ are 0 are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: Oak Island Sewer Assessment NUTE:Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects M does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Ds Page 5 Buyer initials -a— Seller initials 3-yintd"� Produced YAM ApFurm® by ApLoght 16070 Fifteen Mile Road, Fraser, Michigan 48026 www-AnLenix cam STANDARD FORM 12-T Revised 7/2018 © 7/2018 7001 W Beach Dr Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: (❑ Applicable 0 Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable M Not Applicable) Seller warrants that a private drinking water wel; has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July 1, 2008, attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title, Payoff Statement(s) and Non Foreign Status: (i) Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short -pay statements from any such lender(s). (iii) If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, and (3) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). (c) Access to Property: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. i-iu i im bee VVAKl LNU in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. (d) Removal of Seller's Property: Seller shall remove from the Property, by the date possession is delivered, (i) all personal property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller sball remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of DS Page 6 of Buyer initials Seller initials Produced w8h zlpFonn® by zlpLogfx 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zol onlx.com STANDARD FORM 12-T Revised 7/2018 © 7/2018 7001 W Beach Dr "U1.u01911 rurvuwNti iu: tMu1,,OJ04-o[4u-vt,csJ-a, 3AauL;ru0t 10B the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period doe not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendun (Standard Form 2A14-T) as an addendum to this Contract. (h) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and loca conveyance fees required by law. The deed is to be made to: West End Estates, LLC . (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ N/A toward any of Buyer'; expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHANA lender and inspection costs that Buyer is not permitted to pay. 0) Owners' Association Fees/Charges: Seller shall pay: (i7 any fees required for confirming Seller's account paymen information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract other than those fees required to be paid by Buyer under paragraph 4(b) above; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined or estimated. The payment of such estimated amount shall be the final payment between the Parties. (1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2AI2-T): If applicable Seller shall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to Buyer on or before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under thi; Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on 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 or the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does nsc- Page 7 of 11 Buyer initials J Seller initials,&Wf, Produced with zipForm®by zipLcgix 18070 Fifteen Mile Road. Fraser, Michigan 48026 www.zit)Looix.com STANDARD FORM 12-1 Revised 7/201S © 7/201S 7001 W Beach Dr NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 10. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modificatior thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non -Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach, 11. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes, including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph 1(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 12. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. ❑ Additional Provisions Addendum (Form 2A11-7) ❑ Owners' Association Disclosure And Addendum For Properties ❑ Additional Signatures Addendum (Form 3-7) Exempt from Residential Property Disclosure Statement (Form ❑ Back -Up Contract Addendum (Form 2A1-T) 2Al2-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Seller Financing Addendum (Form 2A5-1) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Short Sale Addendum (Form 2A14-T) M Identify other attorney or party drafted addenda: Sever assessment to be paid by seller prior to or at closing. Seller will give old survey to buyer. 1\V 1G: UINLJrtc INVKln UAKVLiNA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 14. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 18. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or Page 8 of 11 vs STANDARD FORM 12-T Buyer initials S Seller initials hin Revised 7/20180 7/2018 Produced with ziPFOMM by zipLogix 1181370 Mean We Road, Freser, Michigan 48026 www.zlnLoQix.com 7001 W Beach Dr . —Qlyn anvuwNv ru. 10A&V 1-UStf 5tl communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, any any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such parry's agent. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and tht same instrument. 20. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shal mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. THE NORTH CAROLINA ASSOCIATION OF REALTORSA INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: 3-29-19 Date: DocuSigned W. Buyer /vt�ibtd �tAtA,�VOtwl Seller d4z��� We End.,,.Estates . LLr co•rroo,rrztocr 6:� — � beiknis Michael Date: Date: Buyer Entity Buyer: West End Estates, LLC By: rMg,alW/Corporation/Partnership/Trust/etc.) 4MAJAi 1tiaJ,V'ArM 284FF003F2C64F8... Name: Mani Sundaram Title: Member Manager Date: 3-29-19 Seller Denise Michael Entity Seller: (Name of LLC/Corporation/Part aership/Trust/etc.) By: Name: Title: Date: Page 9 of 11 STANDARD FORM 12-T Revised 7/2018 © 7/2018 Produced with npFonrilli) by zipLoglx IWO Fifteen Mile Road. Fraser. Michigan 48026 www.zlolaglx.cam 7001 w Beach Dr .+. w-1jii a_uvawNo w. 0AUUL ruo=rao WIRE FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL. FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. NOTICE INFORMATION -VOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: P. O• Box 5278, Cary, INC 27512 Buyer Fax#: SELLER NOTICE ADDRESS: Mailing Address: PO Box 1202, Oak Island, NC 28465-6862 Seller Fax#: Buyer E-mail: Mani. sundraM@gi ail . cam Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name: Better Beach Sales Acting asZj Buyer's Agent[] Seller's (sub)Agent ❑Dual Agent Firm License #: C15B76 Mailing Address: 8601 E Oak Isand Drive, Oak Isand, NC 28465 Individual Selling Agent: Joan RMILTON ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #: 225370 Selling Agent Phone#: (910) 278-1147 Selling Agent Fax#: _(910) 278-8990 Listing Firm Name: Denise Pacula Realty Acting as 0 Seller's Agent ❑ Dual Agent Firm License #: Mailing Address: 34 Augusta Drive, Oak Island, NC 28465 Individual Listing Agent: Denise Pacula ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #: 222661 Listing Agent Phone#: (336) 575-7769 Listing Agent Fax#: Selling Agent E-mail: Johns&m lton@betterbeachsales.com Listing Agent E-mail: Pacularealtyegmaii.com Page 10 of 1 I Ds STANDARD FORM 12-T Revised 7/2018 Buyer initials'S Seller initials t 07/2018 Producedwilh zipForm® by21pLogix 18070 Fdteen Mite Road Fraser, Michigan 411026 www2loLoalx.com 7001 W Beach Dr MacPherson, Tara From: Goebel, Christine A Sent: Tuesday, October 8, 2019 3:29 PM To: MacPherson, Tara Cc: Davis, Braxton C Subject: RE: [External] 7001 W. Beach Dr. Oak Island Hi Tara- Yes- my advice is that the easement document between the town and the owners of lot 11 is sufficient proof of ownership for the owner of lot 11 to be the CAMA permit applicant AS LONG AS the proposed development is all within the 30' x 539.04' easement (shown on the map p. 4 of 4 attached to the easement you sent me also Map 33/85) or on lot 11. If the proposed development is outside of those two parcels, then we would need to get the other owners involved in the permit application. Please let me know if you have any questions - Christy From: MacPherson, Tara Sent: Monday, October 7, 2019 11:07 AM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Subject: FW: [External] 7001 W. Beach Dr. Oak Island Morning, The email below is from Steve Edwards. There is an easement in the Inlet Hazard on the west end of Oak Island for an access road. They want to build that road now and he is asking the question below. I attached the documents he sent me in the beginning of this email chain. Could you take a look at this when you get a chance?? Thx! Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macphersonCa�mdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 !'--'Nothing Compares., _ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. rom: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] gent: Friday, October 4, 2019 3:28 PM .o: MacPherson, Tara <tara.macpherson@ncdenr.gov> :c: Donna Coleman <DColeman@ci.oak-island.nc.us>; David Kelly <DKelly@ci.oak-island.nc.us> subject: RE: [External] 7001 W. Beach Dr. Oak Island 'hanks Tara, Ne have discussed with the contractor the needed design work for his proposed roadway. The lingering question is if his needs to be a joint CAMA permit application with the Town and owner or does the access agreement enable the )caner to apply individually? Also, was there not a recent interpretation/rule that stated linear infrastructures did not lave to meet large structure setbacks? -hanks again, ')teven Edwards )evelopment Services Director -own of Oak Island 1601 E. Oak Island )ak Island, NC 28465 )ffice: (910) 278-5024 :ax: (910) 278-1811 =rom: MacPherson, Tara[mailto:tara.macphersongncdenr.gov] ;ent: Friday, October 04, 2019 1:18 PM ro: Steve Edwards 'c: Donna Coleman; David Kelly iubject: RE: [External] 7001 W. Beach Dr. Oak Island ii Steve, I sent Donna an email earlier today. We need to know the square foot area of the entire proposed roadway and see a footprint. Access roads are allowed in the Inlet Hazard and the erosion rate in that area is 2 ft. per year. Sara MacPherson =ield Specialist 4C Division of Coastal Management )epartment of Environmental Quality )10 796-7425 office 910 395-3964 fax tara.macpherson(cD-ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 NC'. -- ' Nothing Compares._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Edwards [mailto:SEdwards@ci.oak-island.nc.us] Sent: Friday, October 4, 2019 9:16 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Cc: Donna Coleman <DColeman@ci.oak-island.nc.us>; David Kelly <DKelly@ci.oak-island.nc.us> Subject: FW: [External] 7001 W. Beach Dr. Oak Island Morning Tara, Have you had a chance to gather more information on the access road to the west end lots. Just for historical info this was a state road. I am not sure as to how or when it was closed/abandon, but it did loop the point. These lots have been platted since 1953, see attached plat map. The developer of the point donated all the surrounding oceanfront parcel at the point that had not been deeded. In 2005 the owners of lot 11 petitioned the Town of Oak Island for an access easement after learning that they had been land locked. The Town of Oak Island granted the easement, see attached. Hope this helps. Thanks, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 From: Donna Coleman Sent: Wednesday, October 02, 2019 4:31 PM To: Steve Edwards Subject: FW: [External] 7001 W. Beach Dr. Oak Island YI )onna F. Coleman, CFM :AMA-LPO / Building Inspector .own of Oak Island 910)201-8047 910)278-1811 fax 'ursuant to North Carolina General Statutes, Chapter 132, Public Records, this e-mail and any attachments, as well as any e-mail iessages(s) that may be sent in response to it, may be considered public records and therefore are subject to public records requests or review and copying. rom: MacPherson, Tara [mailto:tara.macpherson@ncdenr.gov] gent: Wednesday, October 02, 2019 4:00 PM 'o: Donna Coleman <DColeman@ci.oak-island.nc.us> .c: Garrett Isenhour <garrettisenhour@isenhourhomes.com> iubject: RE: [External] 7001 W. Beach Dr. Oak Island cello, Nell the current erosion rates and setback factors are still pending I believe so I need to check on that. We will need to letermine the distance from the FLSNV. Access roads are allowed in the Inlet Hazard. I will check on the current setback actors and get back to you. 'hanks, ara 'ara MacPherson _ield Specialist dC Division of Coastal Management )epartment of Environmental Quality )10 796-7425 office )10 395-3964 fax ara.macpherson(a�_ncdenr.gov 27 Cardinal Drive Ext Nilmington, NC 28405 e`^Nothing Compares,.,. :mail correspondence to and from this address is subject to the Vorth Carolina Public Records Law and may be disclosed to third parties. :rom: Donna Coleman [mailto:DColeman@ci.oak-island.nc.us] ;ent: Tuesday, October 1, 2019 9:33 AM 7o: MacPherson, Tara <tara.macpherson@ncdenr.gov> :c: Garrett Isenhour<garrettisenhour@isenhourhomes.com> ;ubject: [External] 7001 W. Beach Dr. Oak Island Good Morning Tara, At the end of W. Beach Dr. on Oak Island we have 3 lots that have been given an egress/utility easement from the Town. The easement is out of the OE but it is in the IH. Could you let Garrett Isenhour know what type of permits are required to place this access road (marel or gravel)for construction / utility easement. Then once construction is complete a more permanent road material such as concrete, pavement etc. I have copied him on this email for your convenience. Since the Town has granted the easement can he pull the permits (with a copy of the easement agreement, which I have attached) or does the Town need to be involved? I know you are extremely busy but Garrett will be out of Town for 1 1/2 weeks starting tomorrow, any information prior to tomorrow Would be greatly appreciated. Thanks! Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811 fax Pursuant to North Carolina General Statutes, Chapter 132, Public Records, this e-mail and any attachments, as well as any e-mail messages(s) that may be sent in response to it, may be considered public records and therefore are subject to public records requests for review and copying. I .n aN� WN.", h7i� �tW7� Y0 MO Sv �lL7 r 0�- LOU) �3f (lCik Curr� 76W U ��d �Ys} Iowa [AA vkA(N e,4Aym wAk I Date Date Check From Name of Vendor Check Check Permit Rct Received Deposited Permit Folder Number amount Number/Comments 11/20/2019 Isenhour Homes, West End Estates, BB&T 5262 $100.00 minor fee, 7001 West Beach Dr, Tmac LLC LLC Oak Island BrCo 9087