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HomeMy WebLinkAboutHB_19-003_ VCC (2)RECEIVED 02/05/2019 11:18AM 9108427003 Feb. 5. 2019 11:23AM Town of Holden Beach Local Government TOWN OF HOLDEN BEACH No. 5940 P. 3 EF,5-2-3-z-,� PffnIA) 2019,003 Permit Number LAMA MINOR DOEOPMENT PERMIT asaullhorl the PI.Envirpumielit OlvallIll, and.tho'Coastal for dovIloprnintlp ph area of environment 6oficorn pursuant to botlon JJ9A-JJQqfthe t'Coasti]Aroa MtqagqmeqV Ual,180 to VGC., IODx aulhon ill 157deQopment In the I EM1111,111 I IIIII III YB Seagull 11F94 -1- 10 H61dorl Beach NO 2846.21, As re0eated,lin tho J%o" 14,201 TWS 060kissliod on Pdbruary 1, 2U1 9, Is sUbjett td comp,1180) Ath the j�ppllI;iajil and site drawling A 6re conelellent with the permit), sill' appli I U I ble fawla('Ong'and special ondloom and -notes sat jIM&WOW, Any vlOJaUOn Of 11161la 16M may oUblectpermill a 16t, imorlaormenj ot.61vijaction, or ffily cAU0 ffia permit to be hull and vq)J. 1is Pej1nu(a6lJho0es,,%NQLE,FAMILY KsiDFNGEi IN GROUND POOL; AND MOUNULVELWOOI) PECK -AND STORMAJ811 RETENT16N AREAS, (1) All proposed dovelopm6fit, and associated OP*Wlil hl be done In :accordance with the pehhhled woi . Ojai dral doted 1-10-2019 and signed hy Evoriff'Whol (2) All CCnsVifclloo muefeonfetm to Ole N.GAullft O:odalre qQ, 4006blel 9col Ord nahcesind FIEMA Flood Ropulatlow, (3) ftaeppor0anges In.the plans for (16VOloPment tonl or land Use sclivilles; will require a r"valulaft and rnodlllcgon of thIs permit,. (4) A coll ponl shell be posted or avallal q1te. 6001[400l 0( 910-042-BDOQ for a lI InspEcul comipefton blfwodc 13.61,11110imcilflons on Page 2) OIEQWOt:R a1, 2022 .In 135ving Iwo Pormiflos qmed U161 (h)s P Use Ptanenp at eppVcsMe.grdlnencaa, 11 OUNI hloy anoffio 04 Wftut the WiI opptovdl of fte M16P of Doallat Management (Stgnalurs RECEIVED DCM WILMINGTON, NC FEB 0 5 2019 RECEIVED 02/05/2019 11:18AM 9108.427003 TOWN OF HOLDEN BEACH Feb. 5. 2019 11:23AM ' No. 5940 P. 4 flame., VCG, INC. 1Nlnor ParMIM 24111403 0e%:-February 1,:9418 Page`2 (5)"The amount of-IrriperVi S surface shall riot exceed`S41A of $e lot area-wlltiln 76,reei •of f Estuadne 0*1166*40.EnvrronmenWl Concern , h th1s case Wroftelely 830 s. uawfegE (6) Unless sp a fiodly alloyed .In 15 NGAP 0714; a209 d 10 and: $howun on thi-permi ted Alen -draftAll, - elminiwnn�wN/%wnac.4�rwl�w:. wL._II L_ 1___.-J _ r1_[_--�. _e ww•e_•-.. _ - . _ _-- _ (8) 1 from c IW I (a) Na gr�ding•fspermttfe�yrithlrrle �3U`uffer�Cptil ills hornet hlgF►;�rater l�rust'iie iCpntoured to prevent additional sformwatO runoff to ilie adlaced marsh. Yids -arse shall be immebidtaly vegetatively-stalrili ed :and must temaih In a vegetated elate. {10) All .Qiker AlAurl ed areas $tell be •vepetatively, stahiliied '(pi'anted and rnutohed) wlthlK 14 dayys 'of bonstructlon compreflon (11) TOWD or 1401rca states In part:that the Orlmaty Irifent of these regulations fsio•tatisr$ctotlly orlryirohstfltmwai9r on.an:tndivld'ual prcels.of land and to:cohtrol rur jqq onW.gdJebjnt-properfy, orwater lnducss soil .ero8ion In. any form. To eoniol sU&M water' runoff within property:boundades and •not drained ;onto adjacent areas, .p % pdvare .4nnd.:public, The •stormwater Mention ditches -for this new :roofed •area Aali be Inspected by town InapeptAr Arid a letter ehali:be proiiided' prier to final irispectlon sfagirg that It waslnstalled'tn accordance wlih the appmved•plan, 02) llreas<bel r thg:sftirotpre wfib are -below tha•towest floor shdq not -be designed.or usgd•fgr frumanim1ilalydn, but shall only -be used for •parking ;of vehIdek-Wilding access gr Iffattdd •storage; df matntebahce tpipmegi used in cohne iko vilth.the prerhises and shall be-ioMtrueldd •with -break a wA Watts tn:accordanoaVi(Ih>=t:MA Nles•and f'eaulati0n5. � • (1 ) The r onGrote slab is.p mhted to be:e htaximuimof (14) The (3)•8'x20'.gravei paridrfg opaco-shdlt rernal.h.ofeer and.in grace on-the`platted property f4t3he life dithe sinlolure: _ 18)• Na-poOfequipmentshall tee locglad 'above lhe:ground wtutin the towri's 2$' fron t.rd-aotbadk, '€16) The pool shall be a•lo•ground.pool'and dli decking shall he orr ground:wood de:run .onto the grotmd below. (47.) Variifcation Is regulred.bythastdtmvuater snglnesrthat`the-systernWvas:tnstaped according tolhe approved.plan-Ws-document:ls coqulred prior'to tire.tmatinspacdoit'be)ng raplrested. SIGNATtJR /2-- PERMITM. RECEIVED DCM WILMINGTON, NC FEB 0 5 2019 DATE: - l� Iu LAND OWNER Name A 3�e3 Cc -a_n e__ City `�� � � �/ State C_ Zip. W Phone EmailVec-b c4/1 ck C'A1'XG• i1�rz� r-my RECEIVED AUTHORIZED AGENT rn[, JAN 2 2 2019 Name d.J)�lCs it -1� I LciC1C.0 f� - ---- Address WILMINGTON RO City ���%�, I State ZipPhone l G (rG'y G/�O Email a/1 6�2 G'-'Y--,,f �f• LOCATION OF PROJECT' (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacent waterbody.) 1 G 6 u I 1 K, -5; �� Ic �•>^ ity DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) w�,�5lc kite YG� c e'/oe nd JcJe-( SIZE OF LOT/PARCEL: square feet acres PROPOSED USE: Residential g] (Single-family W 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 yourproperly): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: A- square feet (includes air conditioned living space, parking elevated above ground level, non-coaditioned space elevated above ground level but excluding non -load -bearing attic space) (2) COASTAL SHORELINE AECs:, SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES:149 -7 square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc, that are within the applicable AEC. Attach your calculations with the project drawing.) STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater Management Permit 'sued by the NC Division of Water Quality? YES_ N0 If yes, list the total built upon arealimpervious surface allowed for your lot or parcel: square feet. RECIVED DCM WILMiNGTON, NC JAN 2 2 2019 OTHER PERMITS MAYBE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: 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 inter estcan be described as: (check one) - an owner or record title, Tide is vested in see Deed Book page in the County Registry of Deeds. `an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. A —if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this apphcahon:, NOTIFICATION OF ADJACENT, 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') (2) (4) ACKNOWLEDGEMENTS: I, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu- lar bazard problems associated with this lot This explanation was accompanied by recommendations conceniing stabiliza- tion and $oodpmofing techniques. I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. � This the / "l `�day of-_JLsr , 20 or person authorized to act as his/her agent for purpose of filing a CAMA permit application This application includes. general information (this form), a site drawing as described on the back of this application, the ownership statement, the Ocean HazardAECNotice, where necessary, a checkfor $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a v;i&tton of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative tt acti# u"i Wlt.ivui�!�ON, NC JAN 2.2 2019 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Applying for Permit: V efL -7n C Mailing address: CiD Phone Number: &y n I certify that I have authorized _ &1 fin J' I cle "AcI& L Agent / Contractor to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of _S1 nq &e I'i) yh i i �% �/ n Ce at my property located at Gc.l in hfc t✓i5 Lul -t County. This certification is valid through Date (Property Owner Information) Signature Print or Type Name Title Date 9I/0 k-.4 y� Phone Number y V (I Gc i) (�✓ C1-)'nn C .Y1 Em-allAddress u6vi W11-1v4a4GTON, NC J A N 2 2 2019 EVERETT G. GRAHAM, P.E. 159 BRUNSWICK AVE EAST HOLDEN BEACH, NC 28462 (919)622-7776 VCC, INC. 128 SEAGULL STREET HOLDEN BEACH, N.C. TOTAL LOT AREA 12,441 SQ. FT. TOTAL IMPERVIOUS AREA HOUSE AND DECKS (INC. 12" O/H).....................11447 SQ. FT. • 1447 sq ft x 1.5 / 12 = 181 cu ft of stormwater containment required. • Utilize gutters and downspouts draining to an EEE ZEE LAY drain system. • Capacity of EEE ZEE LAY system = 3.75 cu ft / ft. • Length of system required = 181 cu ft / 3.75 cu ft / ft = 48.3 ft. • Round up to 60 ft. 2' Drainage Bundle Without Pipe -- -- ..:.., .'..;.,•;;. � 12" Drainage Bundle With 4" Dla Corrugated Perforated ;Backflll:"•i,"•'' : P.E. Distribution Pipe 3' Drainage Bundle Without Pipe Encased With Filter Cloth i,(�iyi WlLylllvGTON, NC JAN2")2019 1- 1 O•Zo/9 EEE ZEE LAY DETAIL nts 01/14/2019 Date Michael & Jessica Stearns Adjacent Property Owner 1018 Forbishire Dr Mailing Address Roxboro, NC 27574 City, State, Zip Code Dear Adjacent Property Owner: Postal MAIL'CERTIFIED N Domestic Mail Only EIPT M1 m For r� �'ry gE inform�' 'n, visit our websit� v,�ya�, � N Certified Mall Fee y ` O $ M1 Fxln Sery a(caecaapx, a00leeee QpropfaM1) (ly R.W. Raceipt Pt (M1eMwpyj E ba.!II ❑ Rebm Recelpt lelececNcl $ ❑C dfflw mall Reehb l%Wary E _ _ - ❑naunagnemmR'dnW s ❑Mun 51gratum Rm OW Del"a Postage l - Total Postage and FeIS as N Senf To r q r i hJ C3 S7ieei i(n Apt - ., of itD�Xtix'lJti---- ------ — - -------------------- — i)J, _.'.'_.'-__-'_"" I 0 O P••p1W O "an 0 m .n O 01/14 ".ill This letter is to inform you that I _Brian Murdock have applied for a CAMA Property Owner Minor Permit on my property at _128 sea Gull Dr in Brunswick County. Property Address As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you oryou may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me at _910 664 0126 _or by mail at the address Applicants Telephone listed below. If you wish to file written comments or objections with the LOCAL GOVERNMENT CANAA Minor Permit Program, you may submit them to: Rhonda Wooten Local Permit Officer for Town of Holden Beach 110 Rothschild Street Holden Beach, NC 28462 Sincerely, Brian Murdock Property Owner 3003 Holden Beach Rd Mailing Address Supply, NC 28462 City, State, Zip Code D%i Nl WILMINGTON, NC JAN 2 2 2019 O1/14/2019 Date John M & Carol Winstead Adjacent Property Owner 469 Shiloh Church Rd Mailing Address Matthews, NC 27574 City, State, Zip Code Dear Adjacent Property Owner: Postal CERTIFIED o ri Domestic m ,n — k0 RaT tlC� ?PID, nJ Certified Mail Fee o tti s 11c Fx 13 Servi. el tanlcop eckoor, eddbe ardrdpipre) sit ❑ReNm Recdpt (MNwp>7 $ 3{I.Ilil � 3 ❑ Realm Receipt tee nlq S � O ❑Callae Mall Reeelcled NIWN $ � Pe•emdt C3 ❑Mun SlgraMeRequlretl $ Hen Oklult Signature Ree4lc Oeav S Postage $il.'I C3 Total Postage and Fees __. R! 01/14/20ty Sent To. -------_.._ 0 j� 34ieei"'6if i.T'1 Ij -96X a. �1 diN,$ieie, ziA:A' ^� t v D .�� —__._—�_.a_....___. This letter is to inform you that I _Brian Murdock have applied for a CAMA Property Owner Minor Permit on my property at _128 Sea Gull Dr in Brunswick County. Property Address As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me at _910 664 0126 _or by mail at the address Applicants Telephone listed below. If you wish to file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit them to: Rhonda Wooten Local Permit Officer for Town of Holden Beach 110 Rothschild Street Holden Beach, NC 28462 Sincerely, Brian Murdock Property Owner 3003 Holden Beach Rd Mailing Address Supply, NC 28462 City, State, Zip Code r%EC`:!VET DCM WILMd'vGTON, NC JAN 2 2 2019 DocuSign Envelope ID: 28212C8E4098<886-BF46�6B399A30274 OFFER TO PURCHASE AND CONTRACT -VACANT 1.OVLAND [Consult "Guidciincs (farm 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 havr immediate plans to subdivide. It should not he used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the reemer of deeds as of the dare of the contract. If Seller is Buyers builder and the sale involves the construction of a new single family dwelling pnor to closing, use the standard Offer to Purchase and Contract —New Construction (Form 80(1-T) or, if the construction Is completed, use the Offer In Purchase and Contract (Form 2-T) with the New Construction Addendum (Fortin 2A3-T). For valuable cunsideration, the receipt and legal sufficiency of which are hereby acknowledged. Buyer offers to purchase and Seller upon acceptance agrees It, sell and convey the Properly on the terns and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). I. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each rcrtn. lal "Seller": Watson Family of Loris LLC (b) "Buver"; VCc, Inc (e) "Property": The Properlry shall include all that real estate described below together with all aoounenances thereto iarh,din. th, improvements located thereon. NOTE: IF the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) florae provision in the Additional Provisions Addendum (Standard Form 2A1 I-T) with this offer- .,1-1 ova \.uaa .rive City: Holden Beach r..,..,.... e........"""r" -. - - __ Zip: 28462 :NOTE: Governmental authority over taxes, wring, school districts. uhhttes and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lotlflnir 13, 43-51 , Block/Section . Subdivision/Condominitim Golden Acres' as shown on Plat Book/Slide H at Page(s) 361 The PN:PID or other identification number of the Property is: see addendum Other description: see addendma Some or all of the Properly may be described in Deed Book 1271 at Page 477 (dl "Purchase Price": S see addendum S 5 see addend- paid in U.S- Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I by ❑ cash ❑ personal check ❑ official bank check ❑ wire transfer. ❑ electronic transfer, EITHER ❑ with this offer OR ❑ within Five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on TINE BEING OF TIIF ESSENCE. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on (he existing ioan(s) secured by a deed of trust on the Property m 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 hv: Page I of I I North Carolina Bar Asmcfarlan Nnrlh Carnlina Asseciatinn of REALTORSM, Inc. po�s���,,11 Buyer initials Seller initials .N"W r .. \........ i,,rNar.rM.r f:aMnry llr•<N"dr lle«t VC:./F: rNwr l":"15i:�1< ta, <"'nr<\e<Mr^ error i.n ""n aK+�'MnOtrgn rW50 �!Irn Kr. Ro.J. .x.r,\Wyn M" STANDARD FORM 12•T Revised 7/2018 19 7/2018 GGivl 00144GTON, NO JAN222019 DowBign Envelope ID: 28212C8E40984884-BF46d6B399A30274 Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Mormy Deposit by their due dates, or shnuld 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 to deliver cash, official bank check. wire transfer or electronic transfer to the pavee. In the event Buyer does not timely deliver the required funds. Seller shall have the right to terminate this Contract upon written notice to Buyer. (el "Earnest Monty Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and gray other earnest monies paid or required to be paid in connection with this transaction, collectively the "Eames[ 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 terminated. In the event: (1) this offer is not accepted; or (2) a condition of anv resulting contract is not satisfied, then the Eamcst Monev Deposit shall be rcrunded 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 nnum shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breuch of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seiler 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 pain reasonable attorney fees and court costs incurred in connection with the proceeding. if) "Escrow Agent" (insert namei: N/A N/A NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in es]thc licensed real estate broker ("Broker') is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to ret Eamcst Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release fpames consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively. if a or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or A may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buver and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the parry making the offer or counteroffer, as the case maybe. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract am merely evidence of their having reviewed the terns 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, including 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 Bum to Seiler with this Contract for Buyers right to terminate the 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 lifml or Paragraph 9. or as otherwise provided in any addendum hereto. Buver and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the 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. (j) "Due Diligence Period": 'ncc period beginning on the Effective Date and extending through 5:00 p.m. on 43 days from acceptance TIME BEING OF THE ESSENCE. Page 2 of I I rn STANDARD FORM 11-T r1 1 Revised 72018 Buyer rnniols Seller initials "- W P 72018 >rouua..n rermwa uv nnea. •raM ra..n sea. a.aa r•as.• yMYpn Apnl we VCC. Inc DocuSign Envelope IM 28212C8E-A098�884.SF46-468399A30274 (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract. including the deed, settlement statement. deed of trust and other loan or conveyance documents, and the closing attomev's receipt of all Ponds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will like place on so 9.3c. F: ..r-e.nr tie.. (the "Settlement Date"). unless otherwise agreed in writing, at a time and place designated by Buyer. fml "Closing": The completion of the legal process which results in the transfer of title to the Property from Seiler to Buyer, which includes the following steps: (1) the Settlement (defined above): (2) the completion of a satisfactory title update to The Property following the Settlement: (3) the closing attomey's receipt of authorization to disburse all necessary funds: and (4) recordation in the appropriate county registry of the decdfs) and decd(s) of tmst, irany, which shall take place as soon as reasonably possible for the closing attomey after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shalt be suspended and the Setticmcot deemed delayed under Pamgmph 10 (Delay in Sculcment/Ciosing). 1% xR N rvG: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attomev licensed to practice law in North Carolina. State law prohibits unlicensed Individuals or films from rcndcnng legal services or advice. Although non-attomey 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 Carolina Bar Association and the North Carolina Association of REALTORSOD that all buyers should hire an attomey licensed in North Carolina to perform a closing. i (nl "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues). either of which may be a lien against the Praperry. A Special Asscssmenr may be either proposed or confmnod. "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 [hat has been approved prior to Settlement whether payable in a lump sum or future installments. NOTF,: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 5(b). and Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments arc addressed in paragraphs 4(a) and 6(k). 2. BUYER'S DUE DILIGENCE PROCESS: a AR%V%G: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. if Buyer is not satisfied with the results or progress of Buyer's Due Diligrnec. Buyer should terminate this Contract. prinr in the crpinarion 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 Seiler prior to the expimtion of the Due Diligence Period will constitute a wailer 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 quillifrca,ion for and approval of the Loan if any. VOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore. Buyer is advised to consult with Buyers lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and fnr Buyer's tender to provide Buyer suiTcicn, information to decide whether to pmceed 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 desired tests, surveys. appraisals, investigations. examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: Page 3 of I I as STANDARD PORN 12-T Revised 712018 Buyer initials �f1 Seller initials 712018 vcr. Ini Iua ial WIL ill,. ':)N, NC JAN222019 DoeuBign Eewelom ID: 28212CBE4098-4884-BF4B-46B399A30274 I I f Soft And Environmental: Reports to dcicrmine whether the soil Is suitable for Buyer's intended use and whether there is any environmental contamination. lain, rate or regulation that may prohibit, restrict or limit Buyer's intended use. (it f Septir/Sewer System: Any applicable investigation(s) to determine: (I ) the condition of an existing sewage system, (1) 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. (nil Water: Any applicable investigations) 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 is subject to regulation by an owners' association, it Is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2A 12-T) provided by Seller prior to signing this olTer. It is also recommended that the Buyer determine if the owmers' association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (vl 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) 7011ing and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyers intended use of the Property adjacent land uses, planned or proposed road construction, and school attendance zones. Isiiil Flood Hazard: Investigation of potential Flood hazards on the Propem, and/or any requirement to purchase flood insurance in order to obtain the Loan. fix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric. gas. communication services, slonmtvater management, and means of access to the Property and amenities. (al Streets/Roads: Investigation of the status of the strect/road upon which the Property fronts as well as any other stroct/roud used to access the Property, including: (I I whether any sireei(s)/road(s) are public or private. (2) whether any street(s)/mad(s) designated as public arc 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 VOTE: 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 arc uncertain whether the sale of the Property described in this Contract is subject to the Stamte, consult a NC real estate attorney. (c) Buyer's Obligation to Repair Damage: Buyer shall, of Buyers expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shun 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. fdl 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 Persian or property as a result of any activities of Buyer and Buyers agents and contractors relating to the Property except far any loss, damage, claim. suit or cost arising out of pre-existing conditions of the Property and/or nut of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any lamination hereof. le) Buyer -it 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), TL1fE B£fN6 OF T!!E ESSENCE. (f Buyer timely delivers the Termination Notice. this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. in CLOSING SHALL CONSTITUTE. ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION 1S OTHERWISE MADE IN WRITING. BUYER REPRESENTATIONS: la) Loan: Buyer 0 does ® does not (metal to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new Ivan, Buyer intends to obtain a loan as follows 0 Conventional 0 Other: loan at a Page of I I STANDARD FORM 12-T oa Revised 71201B Buyer initials / Seller initial.. 9 7/2019 °.M.'rm w`rrormnRereKtq. Nato [aiq�.py sea. rnxr xer.pm etaa5 pey ++.... A., VCC. Inc DocuSign Envelope ID: 28212C8EA098-4884-BF46-46B399A30274 ID Fixed Rate 0 .Adjustable Rate in the principal amount of fora term of ycans). at an initial interest rate not to exceed % per annum (the "Loan"). NOTE: Buyer's obligations under this Contract arc not conditioned upon obtaining or closing any loan. NOTE: If Buyer does not intend to obtain a nmv loan. Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Properry without the necessity orobtaining a new loan. IN Other Property: Buyer 0 does ❑ does not have to sell or lease other real property in order to qualify for a new loan or to 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) PerPormanee of Buyer's Financial Obligations: To the best of Boycrs knowledge, there arc no other cin umslances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyers 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 rake title subject to all Proposed Special Assessments. (bl 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, (il) charges required by an owners' association declaration to be paid by Buyer for Buyer's funim use and enjoyment of the Property. including. without limitation, working capital contributions, membership few, 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 far the preparation of the Closing Disclmurc. 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. (e) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the panics' 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 panics to this transaction, their real estate agents) and Buyer's lender(s). 5. SELLER REPRESENTATIONS: la) Ownership: Seller represents that Seller- ® 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 ❑ arc ® arc not any Proposed Special Assessments. If any Proposed Special Assessments, identify: Seller warrants that there M are 0 arc not any Confirmed Special Assessments. if any Confirmed Special Assessments, identify: Bolden Beach Serer Caoitialization left NOTF.:Buycr's and Seller's respective responsibilities for Proposed and Confimud Special Assessments arc addressed in Paragraphs 4(a) and fi(k). (c) Owners' Association(s) and Dues: To best of Sellers knowledge, ownership of the Propem ❑ subjects 0 does not subject Buyer to regulation by one or more owners' associationts) and governing documents, which impose various mandatory covenants. conditions and restrictions upon the Property and Buyers enjoyment thereof including but not limited to obligations to pay regular assessmems (dues) and Special Assessments, it there is an Owners' association, then an Owners' Association Disclosure and Page 5 of STANDARD FO%M 12-T Revised 7/2018 Buycrtmnais i`�� Seller-trihais -raj 7/2018` E a..... vasm WIfJA+WGTON, NC JAN222019 DocuS,gn Envebpe ID: 28212CBEd098�884-BF46d6B399A30274 Addendum For Properties Exempt from Residemial Property Disclosure Slatentcnt (Standard Foram 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: 1 ❑ Applicable M 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 systcm. (et Private Drinking Water Well Permir: (❑ Applicable M Not Applicable) Seller warrants that a private drinking water well has been installed, which mprcscntation survives Closing, but makes no further representations as to the well. Of well installed after July 1. 2009, attach Improvement Permit hereto.) SELLER OBLIGATIONS: (a) Evidence of Title. Payoff Statement(s) and Non Foreign Stains: (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. attorneys opinions on title, surveys. covenants, deeds, notes and dcedq of trust, leases• and casements relating to the Property. (iii Seller shall provide to the closing attorney all information needed to obtain a written payoff statement Rom any lenders) regarding any security interest in the lampary as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authonty, to request and obtain on Seller's behalf payoff statements and/m 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 anomev 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 attomgv 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 in Buyer and both Buver s and Seiler's agent% 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 agents) and Buyer's Ienderfs). (c) Access to Prnperty: 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 opporrunity to (it conduct Due Diligence. (it) verify the satisfactory completion of negotiated repairshmprovements. 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. NOTE: See WARNING in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a resull of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. fill Removal of Seller's Property: Seller shall remove from the Property. by the dale possession is delivered. fit all personal prnperry which is not a psrt of the purchase and (iil unless otherwise agreed. all garbage and debris. (e) .Affidavit and Indemniftcatinn Agreement: Seller shall fitmtsh at Settlement an affidavit(s) and indemnification agrecment(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.C.S. 544A-g 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. in Designation of Lien .Agent. Payment and Satisfaction of Liens: if required by N.C.G.S. §44A-1I.I. Seiler shall have designated a Lien Agent. and Seller shall deliver to Buyer as smon as reasonably possible a copy of the appointment of Lien Agent All deeds of trust, dcfcffcd 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 shall remain nhhgmcd to obtain any such cancellations following Closing. (g) Good Title. Legal Access: Sella 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 Page 6 of II I STANDARD FORM 12-T as Revised 7/2019 Buyermitiah; Seller Initials J" 97/2019 meae.n.n nerve�xn zxem. tamp r,..a.yw sera. r.er.•, ue-a.n nsoaz zM�'teaa0.tam t'CC. Inc DocatSign Envelope ID: 28212CBE-4098A884-BF46.468399A30274 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 Property prior to the expiration of the Due Diligence Period does 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 Addendum (Standard Form 2.A 14.T) as an addendum to this Contract. (h) Dead. 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 defected, discounted or rollback taxes. and local conveyance fees required by low. The deed is to be made to: as directed by buyer (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement S n/a toward any of Buyers expenses associated with the purchase of the Property, at the discretion of Buyer and(or lender. if any, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay. (j) Ownen' Association Fees/Charges: Seller shall pay: it) any fees required for confirming Scllees account payment 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. (it) 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 laic listing penalties, irany shall be paid by Seller. (rat Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T): ((applicable. Seller shall pmvide the completed Owners' .Association Disclosure and Condominium Rmle 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 this Paragraph 6 or Seller materially breaches this Contract. and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyers 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 Royces Due Diligence, the prevailing party inthe proceeding shall he entitled to recover from the non -prevailing party reasonable attorney fees and court costs intoned 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: lac Taxes an Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real properly shall he prorated on a calendar year basis: (b) Rents: Rents, if any, for the Property; (c) Dues: Owners association rcbndar assessments Want and other like charges. 8. CONDITION OF PROPERTY AT CLOSING: Suver 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, masonahle vicar and tear excepted. 9. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller, if the improvements on the 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 Page 7 31 STANDARD FORM 11-T Revised 712013 Buyer initials ( r� Seiler initial. 107/2018 �"ICvrla.wfn rsFa-ee pY "elW. ,,-OAR.. wY. Re Fern StiCMaFn Ma]a ^� � r, � . • r•, C(,bi WILMAGTON, NC JAN 2 2 2019 DocuSign Envelope ID: 28212C8E-40984884-BF46-46B399A30274 NOT electto terminate this Contract. Buyer shall be entitled to receive. to 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 SETTLEDiENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"). and if the other patty is ready. willing and able to complete Settlement on the Settlement Date ("Non-Dclaying 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 tburtccn (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 broach and the Non -Delaying Pam may terminate this Contract and shall be entitled to enforce any remedies available to such pain 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 I(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 2AI I-T) ❑ Additional Signatures Addendum (Form 3-T) ❑ Back -Up Contract Addendum (Forth 2A i-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Owners' Association Disclosure And Addendum For Properties Exempt from Residential Property Disclosure Statement (Form 2A 12-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A 14-T) ® Identify other attorney or party drafted addenda: Rick Green Attorney at Law to draft final contract documents to be signed by all parties NOTE: UNDER NORTH CAROLINA 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 exhcute such additional documents. including assignment of this Contract to 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 Buvcr 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 Closingit shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRF, AGREEMENT: This Contract contains the entire agreement of the parties and there arc no representations. inducements or other provisions other than those expressed herein. All changes. additions or deletions herclo must be in writing and signed by all panics. Nothing contained herein shall alter any agreement between a REALTORV of broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement- or any orheragency agreement between them. 18. CONDUCT OF TRANSACTION: The parties agree that any action between therm relating to the transaction contemplated by IN- Contract may he conducted by electronic means. including the signing of this Contract by one or'morc of them and any notice or Page S of I 1 os STANDARD FOFLM 12 T Revised 1/2013 Buyer initials i—�' Seller initials �JW (0712018 ^le4uwd w9n 2,01'am f Cy roL01m +Amp ac►eem ASte aee4-e 9mr. Nrehyan 4Ro26 ww ZMASIZ` OM VCC. Inc :ill7... iv DocuSgn Envelope 10: 28212CSE-4098.4884-BF46-46B399A30274 communication given in connection with thus 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 pan herein, any any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such party'% agent. Seller and Roycr agree that the "Notice Information' and "Acknowledgment of Receipt of Monics" 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 eountemffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 20. COMPUTATION OF DAYS/TiME OF DAY: Unless otherwise provided, for purposes of this Contract. the term "days" shall mean consecutive calendar days. including Saturdays. Sundays. and holidnys, 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 he 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 CAROLNA ASSOCIATION OF REALTORSV. 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 CAROLNA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise. Buyces 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. Dale: l — 4 q' Buyer V �— VCC, Inc Date: Buyer Entity Buyer. IName of LLCrCorpomtion/Parmemhip)Tmst/etc.) By Name: Titic' Datc: 7/25/2018 3:09:08 PM EDT Date: SellerCaZ b(nA.aLaLr: OYA ('tt isi ]FEiMiiiyoLLC Date: Seller Entity Seiler: (Name of LLCrCorporation/Partnership/rmstietc.) By: Name: Title: Date: Page 9 of I I eM„,..,i..m +v�F+�.+!ry �nt�•+mrp. e.e•mm aaw �....... u¢nprwaeo,e _ STANDARD FORtif 12-T Revised 7/2018 'D 7/2013 vcc.Ii L WILMINGTON, NC JAN222019 DocuSign Envelope 10: 28212C8E-40984884-BF464683SgA30274 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 CONTACTTHE 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 TI IE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU MITIATED 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 NOTE: INSERT AT LEAST ONE ADDRESS ANWOR 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: SELLER NOTICE ADDRESS: Mailing Address: 3003 Holden Reach Rd SN, Supply, NC 29462-5709 Buyer Fax#: Mailing Address: Sella Fax#: Buyer E-mail: vecbrianeatae.nee Seller E-mail: CONFIRMATION OF AGENCYINOTICE ADDRESSES CENTURY 21 SWEYER AND Selling Firm Name: ASSOCIATES Acting n50 Rovers Agcnto Scllei s (sub)Agent ®Dual Agent Finn License Of C5810 Mailing.Addmss: 309 Clubhouse Or SN, Supply, NC 28462-2171 Individual Selling Agent: Ana1e Archer ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent L. icen is 4:17614 4 Selling .Agent Phonc#: (910)512-8115 Selling Agcni Faxil (910) 842-6773 CENTURY 21 SWEYER AND Listing Firm Name: ASSOCIATES Acting as 0 Seller's Agent ® Dual Agent Firm License 4: C5810 Mailing Address: 309 Clubhouse Or SN, Supply, NC 28462-2271 Individual Listing Agent: Anne Arnold/need• Archer ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #: 110629/176 Listing Agent Phone*: (910) 367-1202 Listing Agent Fax#: (910) 842-6773 Selling Agent E-mail: +!A! e'teerehee _ a— Listing Agent E-mail: e2la-1,11hi—il eae Page 10 of I I STANDARD FORM 12-T Revised 712018 V 7/2019 o.ee•.c.r«p nere,..e y, �etca. .tma .n... •,.n e�.e r,.o u<.w..noxs mw:,2LeeisaC VCC. 1rc Doc Sign Envelope ID28212CBE-a098-4804-BP46. 6B399A30274 PROPOSAL FOR WATSON FAMILY LOTS 51-43, 13 ON SEA GULL 124 Sea Gull Lot 51 Parcel # 245EA00350 - $102,000 126 Sea Gull Lot SO Parcel # 245EA00349 - $90,000 128 Sea Gull Lot 49 Parcel # 24SEA00348, 245EA00347, and''/= - 245EA00346 - 590,000 (to include lots 48 and % Lot 47) 136 Sea Gull Lot 45 Parcel # 245EA00344, 24SEA00345, and 1/2 - 245EA00346 - $90,000 (to include lots 46 and Y2 Lot 47) 138 Sea Gull Lot 44 Parcel # 245EA00343- $90,000 140 Sea Gull Lot 43 Parcel # 245EA00342- $90,000 121 Sea Gull Lot 13 Parcel # 245EA00312- $110,000 Buyer to submit to Town of Holden Beach for permit to build bulkhead/fill and combination of lots and Buyer to pay taxes on remaining lots for 2019 >; 2-010, Buyer, VCC, Inc. will install entire bulkhead at buyer's expense for "good faith money' pertaining to Offer to Purchase of Lots 51-43 and 13 on Sea Gull. The unbuildable lots to be reconfigured and combined with buildable lot at no value. Buyer to close on two lots by the end of December 2018. Buyer to take down one lot every 6 months and have all lots purchased no later than December 2020. o«ue� )e(,u Uliu.iam WSW, ]]]EEeEUSEW F 7/25/2018 3:09:08 PM EDT / ,IE'L= uOvi WILMiNGTON, NC JAN222019 DocuSign Envelooe ID. 28212C8E4098a884-BF46- 6B399A30274 ACKN0M'I,EDGbiFNT OF RECEIPT OF MONIES Seller Watson Family of Loris LLC ("Seller') Buyer VCC Inc ("Buyer') Property Address: 121. 124 rhru 140 Sea Gull Street, Holden Beach, 29462 ("Property") 0 LISTING AGENT ACKNON9_EDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of S . receipt of which Listing Agent hereby acknowledges. Date: Firm. CENTURY 21 SWEYER AND ASSOCIATES By: (Signature) Anne Arnold/Anmie Archer (Print name) 0 SELLER ACKhIOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Sella of a Due Diligence Fee m the amount of S , receipt of which Seller hereby acknowledges. Date' Seller: (Si ature) Watson Family of Loris LLC Datc' Seller: (Signature) 6 ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph I (d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of S Escrow Agent as identified in Paragraph IIn of the Offer to Purchase and Contact hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: firm: N/A By (Signature) N/A (Print name) ❑ ESCROWAGE VT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Scllcr far the sale of the Property provides for the payment to Escrow Agent of an (Additionail Famtct Mone"w Deposit in the amount of S . Escrow Agent as identified in Paragraph I In of the Offer to Purchase and Contract hereby acknowledges roccipt of the (Additional) Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Ttmc: ❑AMOPM Firm: N/A By: (Signaturel N/A (Print name) Pngc I I of I I emnvM rRfNF�vrMryMKN"�MfOgl!M.n VM4wC ryrr A.tMM, "SaX eww +`�"u-� STANDARD FORM 12-T Revised 712018 D 7/2018 VCC. Inc