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HomeMy WebLinkAboutOIB_16-15_NunesOcean Isle Beach OIB 16-15 Local Government Permit Number CAMA MINOR DEVELOPMENT PERMIT _ as authorized by the State of North Carolina, Deparbnent 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 Antonio and Perla Nunes, authorizing development in the Estuarine Shoreline (AEC) at 25 Wilmington St., Lot 17, Canal 17, Section B&C, at Ocean Isle Beach, as requested in the permittee's application, dated March 14, 2016. This permit, issued on March 23, 2016, is subject to compliance with the application and site drawing, (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void: This permit authorizes: Construction of a new single-family dwelling, as shown on the site plan. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on March 14, 2016. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 910-579-3469 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the pernittee or other qualified persons within twenty (20) days of the issuing date. 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 wriften permit approval. All work must cease when this permit expires on: December 31, 2019 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 wdflen approval of the Division of Coastal Management. Keith F. Dycus CAMA LOCAL PERMIT OFFICIAL 3 West Third Street Ocean Isle Beach, NC 28469 z.�. PERMITTEE lure required if condition bove apply to permit) APR 0 4 2016 Name: Antonio & Perla Nunes Minor Permit # 011316-15 Date: March 23, 2016 Page 2 (5) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of normal high water (Estuarine Shoreline Area of Environmental Concern), in this case,1,642.66 square feet is authorized. (6) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all development1construction shall be located a distance of 30 feet landward of normal high water. No portion of the roof overhang shall encroach into the 30 ft. buffer. (7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. (8) Any proposed for grading within the 30' buffer from the normal high water must be contoured to prevent additional stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in a vegetated state. (9) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction completion. (10) All uncovered decking located within the 30' buffer shall not exceed 200 square feet singularly or collectively. SIGNATURE: DATE: PERMITTEE RECEIVED \V1Ltv11NGTCN, N( jrK 0 4 Z016i `f'r3NINE u c "�MINIMt zFYla.y >1M r 'ik ljf'�` J` c�F Lr -i. q s•�.,� f? � R� a YL +. 3 st � �'� t I) �lC. e jl n t ' [alt�'*%�� h . 4�fr` . .Z' ✓ v ix��' C'5-s..0 � �� ,` �f� . �r's�ehr�}�+7Y''.�.1�ra`i ..eY�ef cs- bi'.,e � � F .n �"' '�``�i'� i i e iaiit. 7h hw- � Tk 'f: aYd�w � ,{ k'a x33 `� � '4 ti .+F�i 4* x4Y"-e J�,S 11f 2L ��'��'��, �•..�' ..- .._x�.. Aa'x GENERAL INFORMATION LAND OWNER II I Name R l (7 L> [l /�� l 6L. U NILL S Address -b jj l� - City — CIM ( 'D rr. State N li Zip Phone D t Email y}� V AUTHORIZED AGENT D LWN 16 Name v Charles_ Fox IJQmes, Ltd Address 1 6 Causeway Drive BEACH10NS City Ocean Isle Beach State NC Zip28469 phone910-579-0908 Email charles@charlesfoxhomes.com LOCATION OF PROJECT: (Address, street narpe and/or directions to site. If not oceanfront, what is the name of the adjacentwaterbody.) i ,) 0(fe" DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) { 1 Q L(4 SIZE OF LOT/PARCEL: 5150 PROPOSED USE: Residential square feet acres (Single-family Multi -family ❑ ) Commercial/industrial Other COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer ifyou are not sure which AEC applies to your property): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: WA square feet (includes air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but excluding non -load -bearing attic space) (2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES: square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry W, ek6that 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 issued by the NC Division of Water Quality? YES_ NO_„z If yes, list the total built upon area/impervious surface allowed for your lot or parcel: — kL 1 square feet. RECEIVED DCM WILMINGTON, NC NIa 23 2016 OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. Check with your Local Permit Officer for more information. 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) page an owner or record title, Title is vested in'- - , see Deed Book 9 2 0 V in the County Registry of Deeds. _an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. MAR 1 4 2016 TOVVN �nruv�wU & XX if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this app ica o . Under Contract NOTIFICATION OFAD.IACENT 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)Ted H Webster Sr Etals 115 N Oakland Ave, Eden NC 27288 (2)Bernard & Jane Allman 3513 Allendale Dr, Raleigh, NC 27604 (3) (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 t- - flooding. I acknowledge that the Local Permit Officer has explained to me the particu- lar hazard problems _a•�.- this lot. This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofr_ _ AE".7 I furthermore certify'iha ? z ffihrized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Of !_.. ; asd dbi_' ents to enter on the aforementioned lands in connection with evaluating information related to this permit.av._. 1 . ° I ` This the CX day of , 20 J�p i� Landowner or person au(horized 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 Hazard AEC Notice 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 anypermit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action. 11 RECEIVED DCM WILMINGTON, NC 'AIAR 2 3 2016 Project Is In An: _ Ocean Erodible Area High Hazard Flood Area — Inlet Hazard Area: -I I q Iq Date Lot Was Platted: -*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 ABC Hazard Notice and- acknowledge that notice in writing before a permit for. development'can be issued. The Cornmiard . cesrWeson buiidingstandards, bceanfront setbacks and duneIalteratiionared*0ed tomifiiinize,but not eliminate; opertjosp frohazards. ByZanting permits; the g.asW: Resources Comnfisibn es not arantee thesafety. of the development and assumes no Inability fpr irledarnageto the development. Tbebestavailabli! Riformad 1. on, a .9 accepted ccepted by the Coastal Resources;.Con.unissicn, indicates that' the iirmuai ocean to . Was. established P,raphs, d4ecoasur al5a.:indicat that is 3feet. Ibndvr. keferrec ourishn Lard. ere mwaa� mhib tb V' allowe aarsof b Date arefuL analysis. 0 aerial as a. ..- if protection measures are beach -location of threatened structures. S. U"Ures suchas bulkheads,. I— s arid' breakwaters are J-1 it Q, , vx=, TAU11 iding sandbags, may relocatedor dismantled within two us . t-161mvielz . e. this e propei-s! irmation and below space. in.will not be SPECIAL NOTE: This hazard notice is required, for development in areas subject to sudden and. massive storms and erosion. Permits issued for developmentindiis area expire on December 31 of the third yearf6Mwing the year in which the permit was issued. Shortly. befo.rewurk begins on the project site, the Local Permit, Officer will d6tein-dne the vegetati(mline and setback distance at your site. Ifthepropertylias seenlittle change and theproposed developm ent can still meet the setback requireineiii-, the tant that you check with the LPO before the pemut expires for official approval to continue the work aher. the permit has expired. Generally, if foundation pilings have been placed and- substantial progress is continumig, permit renewal may not be necessary. If substantial rogresshas not been made, the ppermit must be =1 and a new setback lineesiablAed. It is unlawful to continue work after permit expiration without this approval Por more information, contact. Justin Whi reside, LPO Local Permit Officer W. Tirbt Street Address ocean Isle Beach, &C 28469 Locality 910-579-3469 Phone RECEIVED DCM WILMINGTON, NC ReWsed 11193 MAR 2 3 203 1• Samuel T. Inman certify that thi6 Plat vas on acted surv:y made under my supervision IS%, Page w5 _ eta) (eNG) aro refen are demiy indented m drawn tram infan-t the notlo of pm'B°n os calculated 4 1:750 accmdanoes Mth G.S. 47-30 ce mnvndeo 4 number and spa) t116 Gth day of Februmv 9 b� ='�''•sq " A' � J 4 T :z -,NO t�\7 -CC:- 0001 Z: �a�i6 oNd.... r �4 M � \ \ V 4.t. Lot 16 I I,p:4TIlW 141i n from In Book not svneywd that area in e. Rcenm y i p L{ S IAIG Nail Found E 2,• Proposed llduTO I5751.6 Sa. M. x57 > $ 625 4S �f�\f it e� � .W 115•� �t 4.4' Lot 16 rC' It Lt \ \ I MAR \ T!\tA21 (1C i LEGEND : �- Esiu6ng Iron or Imn Pox .�. New Iron Pipe Set -a- EaW-9 Cone, (Type Noted) REFERENCE : Deed Book 2946, Pope 805 Ma, Cabnei S. Page 1 NOTES 1. Area By Caardnates 2. Femo Fnlogod MOP iden6Fms parcel Paneli51535] 1075 J. 6/2/06. mmu Conia/ 3. Tax Pon:el No.: 244PA01101 4, Lailo,de: U89146 N Longtude:-78.43173 W 1 w A 5.05' ip x4.6' x t rn � 5A' o ras .y � aMNertr 4.9D' 2508 4.a1 4.9 ig 1 4 2016 14 T8N-M Nwl set 1 on Edge at P—neht 00-4w (tuw lees) Ld� n+ \ Plot Plan oM Boundary Survey Of Lot 17 - Block 17 - Section UC - Oxon Isb 860ch "Antonio & Perla Nunes" Monett: To+NMp 6neunle. Cwidy. n.e. 0 30 60 90 6,epAc scot - Feet 6 I' - 30• Fabvo, 6. 2016 DCM MAR 2 3 2016 NO EDWARD BRUNNER P.E. 901 SHORELINE DRIVE WEST SUNSET BEACH, NC 28468 910-575-6799 DATE: MARCH 10, 2016 BUILDER: CHARLES FOX HOMES NUNES RESIDENCE 25 WILMINGTON STREET OCEAN ISLE BEACH, NC 28468 LOT AREA = 5750 SQ. FT. ROOF AREA = 1587.16SQ. FT. PARKING PAD = 348.33 SQ. FT. Total Impervious=1935.49 SQ. FT. PERCENT IMPERVIOUS = 33.66 @IRodR MAR 2 1 2016 'p?oFEssip�G,y?9 - t. SEAL - 29208 a . 1935.49 sq. ft. x 1.5/12 = 241.94 cu ft, of storm water containment 3 required. . Utilize gutters and downspouts draining to an EZ FLOW drain system. Capacity of EZ FLOW Drain system = 1.66 cu ft / ft. Length of system required = 241.94/1.66 = 145.74 LIN. FT./2 = 75 FT. RECEIVED DCM WILMINGTCN, NC �vgR 2 3 2016, TRY DOUBLE E-Z-FLOW BUNDLE: 241.94/3.32 = 72.87 72.87/2 = 36.44 = 40 FT. USE: ONE- 2'X3'X 40 FOOT E-Z-FLOW TRENCH EACH SIDE ALSO: PROVIDE ONE 2'X3'X40 E-Z-FLOW DRAIN TRENCH AT FRONT PROPERTY LINE N CAR 4 '"% oP� FEssio �'1'y" SEAL - 29208 SO D P 3 �o -«CDVED CM NILMINGTGN. NC MAR 2 3 2A AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION Name of Property Owner Applying for Permit: Antonio & Peria Nunes Mailing address: 4764 Brockton court 19 b Concord, NC 28027 D 4 2016 Phone Number: (704) 996-1 635 PLANNING &AI SPEC N ISLE BEACH I certify that I have authorized Charles Fox Homes, Ltd. Agent / Contractor to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of 25 Wilmington Street at my property located at 25 Wilminton Street aIW In Brunswick _,,;olJnty. This certification is valid through - . . Date (Property Owner Information..°. Signature Print or Type Name Title �219�11(' D to q I I- I G 3IS Phone Number I 6r10 l es / �+ 7�J rAo l l� Cb� RECEIVED Email Add+ ss DCM WILMINGTCN, NC MAR 2 3 Z016 �e Ir m Ln 0 CertlRed ail Fee M o$ 83.45� t M WmR°e- -pfPup eS&Fees( h o�haaa U 0 R� ORes ecelpt(elecr� p ODateledMellq 4l CI 13nwnS'9nature RegWreCDa�lvery It �Mult Stenzlure $ PaSMark ReshkyMD O Posta9e e Y It Ham ' $ 80.71 3 $°�Posggsantlfe e96 Lr San, To 03/14/2016 M10 sX... x/I r ja Y � NIAR 1 4 2016 D Do ry ai n .s u;`• o'i ile0ver�',intormaU3n vISIf6@r website»,rSiw usps:epm®t; ;: 6� 1 t t •xT.�.z_ ra Certified Fee M Retom Receipt Fee O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Re red) { raLn W Total Postage 8. FeRO.s. 0 = Sent To ri ry MPO Box Ala. I/V /{/_ City, $fare, ZIPt4 Ci > C a 50:00 Pnsnnad( x.M I I Here 03/14/2016 y ru CO Ln 'r- . trot f i i�\ i! m _ O Certified Mail Fee 53.45 U471J -n $ 04 F011$ervites tFees (c�ecYby, Moteaaw� ❑fleWm RewMPwcnmf b �C'•��, nl t7 OReWm fleUJpt(tlecponlc) § IT' TITF ❑CerEGM Mall flesnietM peGveey b 4'll fil} Postmark O [J W SiWn n,Rcx; M b- Q�l nitntt Here QOdult Siguque fletrkteo Defrvmy § M Postage $ 50.71 0 Total Postage and Fepy.46 YGG 03/14/2016 M1Strcet $ Sen To snJlpb'--- oiY tFex7Por_""- - — r6IH, .0 C A7Goa RECEIVED DCM WILMINGTON, NC MAR 2 3 2016 MAR 11 2016 D CHARLES FOX ,�D: 1 ES,- - - — Certified - Return Receipt Requested March 14, 2016 Mr. and Mrs. Tony Nunes 4764 Brockton Ct. Concord, NC 28027 Re: CAMA Residence Permit Dear Mr. & Mrs. Nunes: This letter is to inform you that I have applied for a CAMA Residence permit for the property located at Lot 17, B 17, S-B&C 25 Wilminaton Street, Ocean Isle Beach, NC. CAMA regulations require me to notify you of my intentions. I have enclosed a copy of my permit application and a copy of the drawing of my proposed project. If you have any comments on the proposed project, please contact Justin Whiteside, the local CAMA LPO for Ocean Isle Beach, at 910-579-3469. Sincerely, Charles W. Fox, III r% Charles Fox Homes, Ltd. Enclosure(s) 16 Causeway Drive . Ocean Isle Beach, North Carolina Phone: (910) 579-0908 • Fax: (910) 579-4479 �gqECEIVED I�@M0 LMINGTON,NC MAR 2 3 2016, .•�-�•. I(PLANNING DEAN I LE MAR 1 4CHARLES FO LOF C& INSSL PECTIONS Certified - Return Receipt Requested March 14, 2016 Mr. & Mrs. Bernard R. Allman 3513 Allendale Drive Raleigh, NC 27604 Re: CAMA Residence Permit Dear Mr. & Mrs. Allman: This letter is to inform you that I have applied for a CAMA Residence permit for the property located 'at Lot 17, B 17, S-B&C, 25 Wilmington Street, Ocean Isle Beach, NC. CAMA regulations require me to notify you of my intentions. I have enclosed a copy of my permit application and a copy of the drawing of my proposed project. If you have any comments on the proposed project, please contact Justin Whiteside, the local CAMA LPO for Ocean Isle Beach, at 910-579-3469. Sincerely, Charles W. Fox, III Charles Fox Homes, Ltd. Enclosure(s) 16 Causeway Drive • Ocean Isle Beach, North Carolina 2 DECEIVED Phone: (910) 579-0908 • Fax: (910) 579-4479 41-MINGTCN,NC MAR 2 3 203 Certified - Return Receipt Requested March 14, 2016 Mr. Ted H. Webster, Sr. Etals 115 N. Oakland Avenue Eden, NC 27288 Re: CAMA Residence Permit Dear Mr. Webster: [E @ 12 0W[ MAR 1 4 2016 D TOWN OF OCEAN ISLE BEACH This letter is to inform you that I have applied for a CAMA Residence permit for the property located at Lot-17, B-17, S-B&C, 25 Wilmington Street, Ocean Isle Beach, NC. CAMA regulations require me to notify you of my intentions. I have enclosed a copy of my permit application and a copy of the drawing of my proposed project. If you have any comments on the proposed project, please contact Justin Whiteside, the local CAMA LPO for Ocean Isle Beach, at 910-579-3469. Sincerely, Charles W. Fox, III Charles Fox Homes, Ltd. Enclosure(s) 16 Causeway Drive • Ocean Isle Beach, North Carolina ECEIVED Phone: (910) 579-0908 • Fax: (910) 579-4479 �ILMINGTON,NC MAR 2-3 2016, OFFER TO PURCHASE AND CONTRACT - VACANT LO [Consult "Guidelines" (form 12G) for guidance in completing%ssqerAy f2 a Sl// f2NOTE: This contract is intended for unimproved real property that Buyer will purchase use andldoessimmediate plans to subdivide. It should not be used to sell property that is being subdivogerAyproperly approved and recorded with the register of deeds as of the date of the contract. If SeId r salethe construction of a new single family dwelling prior to closing, use the standard Offer totract—New Con(Form 800-T) or, if the construction is completed, use the Offer to Purchase and ContraIAddendum (Form 2A3-T). 8, INSPECTIONS 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 each term. (a) "Seller": TheRiChardJenningsFoundation (b) "Buyer": Antonio C. Nunes, Perla B. Nunes (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 Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A11-T) with this offer. Street Address:25 Wilmington St City: Ocean Isle Beach Zip: 28469 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 17 , Block/Section B17 , Subdivision/Condominium None , as shown on Plat Book/Slide 6 at Page(s) 1 The PIN/PID or other identification number of the Property is: 244PA01101 Other description: L-17 B-17 S-BSC OIB PLAT 6/1 Some or all of the Property may be described in Deed Book 1242 at Page 1142 (d) "Purchase Price" $ 233, 000.00 paid in U.S. Dollars upon the following terms: $ BY DUE DB IGENCE FEE made payable and delivered to Seller by the Effective Date. $ 2,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(f) by ❑ cash ® personal check ❑ official bank check ❑ wire 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 l(f) by cash or immediately available funds such as official bank check or wire transfer no later than n/a , TIME BEING OF THE ESSENCE with regard to said date. $ 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). $ 231, 000.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). This form jointly approved by: Page 1 of 11 STANDARD FORM 12-T North Carolina Bar Association 121 Revised 7/2015 REACTOR® North Carolina Association of REACTORS®, Inc. ,mp"`�,y ® 7/2015 Buyer initials Ar-AI Seller initials DECEIVED 6uvsa R"perYee, la., IOD-2 Causeway Ihive Ottan EstedUCed NC 3lpF Phan: (910)5]5-8600 Fu: (910)5]A�90fi0.. W I L. Nrmv.?SCW,` r C Jill BowlmB PrOtlucetl wiM apForm®by ripLegix lFA]O Fifteen Mile Road, Fraser, Milligan 66026 www.aoLm'a.cpn vl.�V� �V���VIJf V�V�EV� MAR 2 3 2016, Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash or immediately available funds to the payee. In the event Buyer does not timely deliver cash or immediately available 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 earnest monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest 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. 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 Sellers rights under Paragraphs 2(c) and 2(d) for damage to the Property or Sellers 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 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 Sellers anticipated loss, both parties acknowledging the difficulty determining Sellers 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): Sunset Properties, Inc. NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has 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 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 Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. 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 Us Agreement. (h) "Due Diligence": Buyers opportunity during the Due Diligence Period to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyers 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 conduct Due Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(m) 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. 0) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on December 31, 2015 TIME BEING OF THE ESSENCE with regard to said date. Page 2 of I STANDARD FORM 12-T RECeEIV� 7/2015 Buyer initials CAI � Seller initials � DCM WILMIN N, NC PmWcetl with ApFom a by apLogw 18070 Flaeeo Mde Ro , Fre . Whigm 48M ww ApLwkwm Nunes - 25 MAR 2 3 2016 M (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 attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on January 15, 2015 (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, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory tide update to the Property 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 the closing attorney 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 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 requited for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering 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 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 of 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 or not it is fully payable at time of Settlement. 2. BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. (NOTE: Buyer is advised to consult with Buyers lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyers lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract.) (b) Property Investigation: During the Due Diligence Period, Buyer or Buyers 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: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is 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 is Page 3 of 11 STefl'EWAMEDORM 12-T DCM WILMINUFQIld10015 Buyer initials >IP II Seller initials ® 7/2015 M4 2 3 2016 Rotluce0 wAh npFam,A byriptogiz 18g]0 FXean Mik Road, Fraser, Michigan 48026 www.noLcciz.mm rJLnC$ - 25 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 charges fees for confirming owners' association information and 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 Buyers 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 street(s)/road(s) are public or private, (2) whether any street(s)/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 Buyers 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 Buyers 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 Sellers 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. WARNING: If Buyer is not satisfied with the results or progress of Buyers 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. Althought Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyers failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyers 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 Sellers obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (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 ® does ❑ does not have 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: ® Conventional ❑ Other: n/a loan at a Page 4 of 11 STANDARD FORM 12-T REQJbIJJ&7/2015 Buyer initials .,4eAI P73Y Seller initials � DCM WILMING %W PriAuc w npFomia by Apl-ogx 18070 Fifteen Mile Road, Fraser, Michigan 48026 w .npLoaixwm MAR JAR 2 , 3 ZM— _ Z5 ® Fixed Rate ❑ Adjustable Rate in the principal amount of $186, 400.00 for a term of 10 year(s), at an initial interest rate not to exceed 5.000 '% per annum (the "Loan"). (NOTE: Buyers obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan.) (b) Other Property: Buyer ❑ 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) Performance of Buyer's Financial Obligations: To the best of Buyers knowledge, there are no other circumstances 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. (d) 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 Buyers lender(s). 4. BUYER OBLIGATIONS: (a) Owners' Association Fees/Charges: Buyer shall be responsible for the payment of any fees charged by an owners' association for information relating to Buyers Due Diligence other than those fees to be paid by Seller under Paragraph 60). (b) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and recording of all instnunents required to secure the balance of the Purchase Price unpaid at Settlement. 5. SELLER REPRESENTATIONS: (a) 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 Sellers knowledge there are no Proposed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): none Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): $300 yearly tax assessment for dredging canals every 5 years (c) Owners' Association(s) and Dues: To best of Sellers knowledge, ownership of the Property ❑ subjects ® 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 Buyers enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T) shall be completed by Seller, at Sellers expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: (❑ Applicable ® Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable ® Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July 1, 2005, attach Improvement Permit hereto.) Page 5 of 11 STANDARD FORM 12-T IP7RE WNU 7/2015 Buyer initials �fP.,U PP�N Seller initials DCMWILMING �1;�1� Pmduc wkh rpFOMA by dpiagix 180M Fifteen Milo ROW, Fraser. MiMigm C8028 www.mpLwkwm MAR A R 2 S 20 1r -" 6. SELLER OBLIGATIONS: (a) Evidence of Title and Payoff Statement(s): Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. 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 Sellers agent with express authority to request and obtain on Sellers behalf payoff statements and/or short -pay statements from any such lender(s). (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 sellers closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyers lender(s). (c) Access to Property/Walk-Through Inspection: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer an opportunity to conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsible 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. (d) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. (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 famished 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 shall 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 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: Buyers failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encumbrance or defect that is or would have been revealed by a title examination of the Property or a current and accurate survey shall not relieve Seller of any obligation under this subparagraph) (NOTE: If any sale of the Property may be a "short sale,' consideration should be given to attaching a Short Sale Addendum (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 Sellers obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: Antonio C . Nunes and Perla B . Nunes Page 6 of 11 STANDARD FORM 12-T Revised 7/2015 Buyer initials � Seller initials _� DCM RE RLCEIMIN I C fV ProducedvriNLOF0M09byypL.e9iK 16070 Rbeen We Road, Fraser, Milligan 46026 , .zioL.ceir.mm Nunes-25 MAR 2 3 2016, (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ n/a toward any of Buyers expenses associated with the purchase of the Property, less any portion disapproved by Buyers lender. NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount points, loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dues, etc). 0) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Sellers account payment information on owners' association dues or assessments for payment or proration; (ii) any transfer or similar fee imposed by the owners association; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement. (k) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that the amount thereof can be reasonably determined or estimated. (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 2Al2-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 Sellers 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 Buyers 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 on the Property are destroyed or materially damaged prior to Closing, Buyer may temrinate this Contract by written notice delivered to Seller or Sellers agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Sellers 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 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 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. Page 7 of 11 STANDARD FORM 12-T Revised 712015 Buyer initials CAI PW Seller initials � RECEIVE® 7/2015 DCM WILMINGTQN NC Produced with npFm ora by vpLagu Fifteen Mile Road, Fraser, Michigan E8026 vvxw.riLoa&tutu o. un VinIC 2 3 2016 11. POSSESSION: Unless otherwise provided herein, possession 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. OTHER PROVISIONS AND CONDITIONS: 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. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT) ❑ Additional Provisions Addendum (Form 2A11-T) ❑ Owners' Association Disclosure And Addendum For Properties ❑ Additional Signatures Addendum (Form 3-T) 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-T) r ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Short Sale Addendum (Form 2A14-T) ❑ OTHER: n/a 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 assignees 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 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, and any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such party'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 the same instrument. Page 8 of 11 STANDARD FORM 12-T Revised 7/2015 Buyer initials .fey PPY Seller initials RECEIVED © 7/2015 Prods 1eilhapForm®byvpL0gix 18070Fifteen Mile Road, Fmer,Michiw48026 w .bDLaalx.com DCM WILMINGTONNuNneCs-zs MAR 2 3 2016 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 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 REALTORS®, 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 CAROL NA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyers 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: Buyer o-.,a.. A! a 12/01/2015 20:25:40 Antonio C. Nunes Date: Buyer PeYla j�. YkW5 12/01/201520:06:25 Perla B. Nunes Entity Buyer: (Name of LLC/Corporation/Partnership/Imsttetc.) By: Name: Title: Date: Date: Seller TheRichardJenningsFoundation Date: Seller Entity Seller: The Richard Jennings Foundation Inc �y(,'N�a�me of LLC/Co ration/$/Irust/etc.) By: " —to' 03:49 PM EST Name: Roger A Jennings, III Title: President 6 Executive Director Date: [THIS SPACE INTENTIONALLY LEFT BLANK) Page 9 of I 1 STANDARD FORM 12-T Revised 7/2015 ® 7/2015 RECEIVED Pmducedwith zipFomta by npLNix 180M F111ean Mlle Road. Fraser, M�5a^C8026 w_rr«noLmix.aam DCM WILM IN GTON, NIS--25 MAR 2 3 2016 NOTICE INFORMATION NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT 'N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: 4764 Brockton Court, Concord, NC 28027 Buyer Fast Buyer E-mail: nunesfam@vnet. net SELLING AGENT NOTICE ADDRESS: Firm Name: Sunset Properties, Inc. Acting as❑ Buyers Agent❑ Sellers (sub)Agent x❑Dual Agent Mailing Address: 100-2 Causeway Drive, Ocean Isle Beach, NC 28469 Individual Selling Agent: Jill Bowling ❑ Acting as a Designated Dual Agent (check only if applicable) License #:188163 Selling Agent Phone#: (910)575-8600 Selling Agent Fax#: (910)579-9060 Selling Agent E-mail: oibhouseehoemaii.com SELLER NOTICE ADDRESS: Mailing Address: 9053 Deer Hill Rd, Belews Creek, NC 27009 Seller Fax#: Seller LISTING AGENT NOTICE ADDRESS: Finn Name: Sunset Properties, Inc. Acting as ❑ Sellers Agent © Dual Agent Mailing Address:100-2 Causeway Drive, ocean Isle Beach, NC 28469 Individual Listing Agent: Jill Bowling ❑ Acting as a Designated Dual Agent (check only if applicable) License #:188163 Listing Agent Phone#: (910)575-8600 Listing Agent Fax#: (910)579-9060 Listing Agent E-mail: oibhouseshol air.com [THIS SPACE INTENTIONALLY LEFT BLANK] Page 10 of I 1 STANDARD FORM 12-T Revised 7/2015 RECEIVED 07/2015 Protlacatl wiN ripFomQsby ripLogix 18070 Fkeen Mile Raaq Fraser, Michigan 48026 wvrx.rioLoaix.mm DCM WILMINGTON, NC Nunes - 25 MAR 2 3 2016 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller. TheRichardJenningsFoundation ("Seller') Buyer:Antonio C. Nunes, Perla B. Nunes ('Buyer") Property Address: 25 Wilmington St, Ocean Isle Beach, NC 28469 ("Property") ❑ LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(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 $ n/a , receipt of which Listing Agent hereby acknowledges. Date: n/a Firm: Sunset Properties, Inc. UYA (Signature) Jill Bowling (Print name) ------------------------------------------------------------------------------------------- ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(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 $ n/a , receipt of which Seller hereby acknowledges. Date: n/a Date: Seller (Signature) TheRichardJenningsroundation Seller: (Signature) ------------------------------------------------------------------------------------------- M 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 $ 2, 000.00 . Escrow Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contract 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: Sunset Properties, Inc. Un (Signature) (Print name) ------------------------------------------------------------------------------------------- ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph l(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 (Additional) Earnest Money Deposit in the amount of $ n/a . Escrow Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt 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: n/a Firm: Sunset Properties, Inc. La (Print name) Page 11 of 11 STANDARD FORM 12-T Revised 7/2015 RECEIVED cp 7/Z015 Protlucetl wiN SpForm®byripLogix 18070 FiXeen Mle Roatl, Fraser, Michigan 48g26 www.rioLaaix.com DCM WIWINGTGN, NC Nunes - 25 MAR 2 3 2016 DUE DILIGENCE REQUEST AND AGREEMENT [See Guidelines for completing this form (Standard forth # 310G)] NOTE: The parties may also use the Agreement to Amend Contract (Form 4-T) to memorialize any change to the Contract, including but not limited to, an adjustment to the Purchase Price and/or Seller payment of Buyer's expenses in lieu of or in addition to any agreement regarding any due diligence request from Buyer. Antonio C. Nunes, Perla B. Nunes ,as Buyer, and TheRichardJenningsFoundation , as Seller, have entered into an Offer to Purchase and Contract ("Contract") regarding the purchase and sale of the following property (insert property address): 25 Wilmington St, Ocean Isle Beach, NC 28469 L-17 B-17 S-B&C OIB PLAT 6/1 ("Property"). 1. Based upon Buyers Due Diligence, the Buyer requests and the Seller agrees to the following: #1- Repair bulkhead as per estimate by Grice Construction accepted 6 signed by seller 1/10/16. #2- Extend closing date to March 18th. In the event the parties have agreed to any adjustment in the condition of the Property, then such adjustment shall be completed prior to Settlement in a good and workmanlike manner. Seller shall notify Buyer upon completion of the above and provide Buyer with documentation thereof. Buyer shall have the right to verify that the items above have been completed in a good and workmanlike manner. Unless otherwise indicated in the Contract or this Agreement, such verification shall be at Buyer's expense. NOTE: Unless otherwise agreed, Buyer retains the right agreed to in Paragraph 10), Due Diligence Period, of the Offer to Purchase and Contract. Buyer is advised to consult with Buyers lender regarding this Agreement and/or any Agreement to Amend Contract prior to the expiration of the Due Diligence Period. 2. Release of Inspection Reports: Buyer ® does ❑ does not agree to release any inspection reports to Seller. 3. Agreement: This agreement shall become effective on the date it has been signed by both parties. All changes, additions or deletions hereto must be in writing and signed by all patties. THE NORTH CAROLINA ASSOCIATION OF REALTORS@, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. Buyer: Antonio r. Name: .m Date Antonio C. Nunes Buyer: ft r, ta. w,,,, Im Date °tM1Sp1B 1 jp08 Perla B. Nunes Entity Buyer: (Name of LLC/Corporation/Partnership/I'mst/etc.) By: Name: Title: Date: Seller: Date TheaichardJenningsFoundation Seller: Date Entity Seller: The Richard Jennings Foundation Inc (Name of LLC/Corporation/Parmership/frust/etc.) By: RwerA.7enmrws Name:Roger A Jennings, III Title: President 8 Executive Director Date: °,"" ® Page 1 1 North Carolina Association of REACTORS®, Inc. REPLTOR® OPPORTUNITY Sunset Properties, Inc., 100-2 Causeway Drive Ocean Isle Beach, NC 28469 Phone: (910)575-8600 Fax: (910)579-9060 Jill Bowling Pmduoed with apFom�a by vpLogw 161]]()Fifteen Mile Road, Fraser, Mchigw 4 6 www A A-wkwm STANDARD FORM 310-T Revised 712015 RECEIVED ® 7/2015 DCM WILMINGTO(�24Nr�'g ' dt1CS- 25 IVIAH 2 3 2016