Loading...
HomeMy WebLinkAboutOIB_16-21_LawsonS� Ocean Isle Beach OIB 16-21 Local Government Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to J. W. Lawson, authorizing development in the Estuarine Shoreline (AEC) at 72 Monroe St., Lot 74, Block 19, Section B&C, at Ocean Isle Beach, as requested in the permittee's application, dated March 30, 2016. This permit, issued on April 7, 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 30, 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 permittee or other qualified persons within twenty (20) days of the issuing dale. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: December 31, 2019 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This peril may not be transferred to another party without the written approval of the Division of Coastal Management. Keith F. Dycus cs CAMA LOCAL PERMIT OFFICIALZ 3 West Third Street 00 Ocean Isle Beach, NC 28469> N w? o PERMITTEE a (Signature re q ' d' ifi�bove apply toi�rmit) Name: Bobby & Deborah Hogan Minor Permit # OIB 16.21 Date: April 7, 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,1,011 square feet is authorized. (6) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all development/construction shall be located a distance of 30 feet landward of normal high water. 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: W — DATE: Ue PERMITTEE RECEIVED DCM WILMINGTON. NC APR 2 9 2m GENERAL INFORMATION LAND OWNER Name T W. Address P.O. Bo r I b t l City Lw»-6",, State NG Zip lrici Phone ' 110- 134-89zs AUTHORIZED AGENT \ VJNit ✓ Name_ _ (iw,•41 I (xrM Address S(,0T A--4rurr 4a&L le.p City WA M ECEIVEIY U • 3 0 2016 �91MLI euain,"lloynaynaeiziiiiiii■ State u � Zip " a i Phone R t o- Email_ -(ral , ; LOCATION OF PROJECT. (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacentwaterbody.) 72 tµ,, r.e it - DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) Ncu+ Ito+K t.., s Fr tct� SIZE OF LOT/PARCEL: Sooa square feet acres 5 PROPOSED USE: Residential M (Single-family Er]r Multi -family []) Commercial/Industrlal ❑ Other COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer ifyou are not sure which AEC applies to your properly): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: 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 ABCs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT U UPON SURFACES: O 0 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 issued by the NC Division of Water Quality? YES_ NO ✓ If yes, list the total built upon area/impervious surface allowed for your lot or parcel: square feet. RECEIVED DCM WILrAINGTCN, NC APR 0 4 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. STATEMENT OF OWNERSHIP: I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) _an owner or record title, Title is vested in 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. n ✓if other interest, such as written contractor lease, explain below or use a sep' a FeetA&A�A NOTIFICATION OFADJACENT PROPERTY OWNERS: I r 1 T04VN OF OCEAN ISLE BEACH I furthermore certify that the following persons are owners of properties adjoining ' 1dt41NP ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1) Te±(n r Lko W4t4.r 10 Wl• roc if Ore. ft (2) Hyi.e l� (?arks Tsls lick we z zKt:s 144 Sarkt d 4 Or Afls..t. &r.4 ioToq (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 to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu- lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofing techniques. I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Landowner or This the 4`141- day of Wtaral. .20 It, aumonzea to act as his/her agent for purpose of filing a CAMA permit application This application includes. general information (this farm), 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 madepayable 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 violation of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action. RECEIVED DCM WILMINGTON, NC APR 0 4 2016 a STORMWATER PLAN 01 72 MONROE STREET [(� EAN ISLE BEACH, NORTH CAROLINA APR - 5 EBEACH FOR COURTNEY GRAY PTOWN OF OCEAN ISLE PLANNING 8. INSPECTIONS GENERAL NOTES 4 MAINTENANCE, 5 1 7°20'57" If50.01' ALL LOT DIMENSIONS, 5URVEY DATA. 4 PLOT PLAN PROVIDED ® ®_ BY CONTRACTOR/CUENT. SURVEY BY BOBBY M. LONG 4 ASSOCIATES, TITLED "BOUNDARY SURVEY OF LOT 74, BLOCK 19, SECTION W. OCEAN 15LE BEACH", REVI5ED MARCH i G, CG. NO SITE NO STE GRADE CHANGES ARE PROPOSED. i THIS 5TORMWATER PLAN WAS DE51GNED TO MEET THE PROPOSED ROOF AREA INTENT OF THE 5TORMWATER MANAGEMENT ORDINANCE FOR (1,0 1 SF MIN.) SHALL BE GUTTERED FOR OCEAN ISLE BEACH. HOWEVER, COMPASS POINTE 5TORMWATER COLLECTION, WITH RUNOFF ENGINEERING DOES NOT CERTIFY THE SITE SOILS AND CONVEYED TO INFILTRATION SYSTEMS. SEASONAL HIGH WATER TABLE MHWO CHARACTERISTICS TO O SATISFY SECTION 49-34 (d). OWNER/CONTRACTOR RESPONSIBLE FOR VERIFICATION OF SUITABLE SOILS FOR INFILTRATION AND SHWT LOCATION TO MAINTAIN 2' SEPARATION PROM BOTTOM OF INFILTRATION TRENCHES IN FLAGGED MEAN HIGH WATER ACCORDANCE WITH TOWN REQUIREMENTS. IF SOILS SCIENTIST OR GEOTECHNICAL ENGINEERING DATA DO NOT CONFIRM SUITABILITY, CONTACT ENGINEER FOR PLAN i WOOD BULKHEAD REVISIONS. E2 FLOW DRAINAGE SYSTEMS ARE FOR U5E IN NON -TRAFFIC AREAS ONLY. 20' x 36, EZ FLOW C/- CHAMBER TRENCH INFILTRATION SYSTEMS MAY BE LOCATED CLOSER TO FRONT (� (PER DETAIL) OR REAR OF LOT AS DESIRED, EXCEPT WITHIN RESTRICTED j F SETBACKS, EASEMENTS, OR OTHER PROHIBITED AREAS, AS LONG AS RUNOFF FROM ROOF AREA 15 DISTRIBUTED PER PLAN. H N O O BOTTOM OF INFILTRATION SYSTEM SHALL MAINTAIN LEVEL GRADE. CONTRACTOR RESPONSIBLE FOR VERIFICATION. O 30' BUFF R M_ PROPOSED ROOF AREA ADDITION SHALL BE DRAINED WITH / GUTTERS AND DOWNSPOUTS, AND BE DIRECTED TO O_ O INFILTRATION SYSTEM PER PLAN. RECEIVED IF INFILTRATION SYSTEM FAILS, IT 5��►*LW*&T,ON, a N REPAIRED, AND/OR REPLACED AS NEEDED TO RESTORE r Q7 t� ` DESIGNED OPERATION. MAY O 9 2016 d Z THE USE OF BUNDLED EXPANDED POLYSTYRENE SYNTHETIC AGGREGATE UNITS 15 PROPOSED TO CREATE STORAGE i VOLUME FOR 5TORMWATER RUNOFF SUITABLE FOR COMPLIANCE WITH TOWN ORDINANCE REQUIREMENTS. PROPERTY OWNER AND CONTRACTOR ACCEPT FULL RE5PON51BILITY FOR USE AND MAINTENANCE OF THI5 PRODUCT. COMPASS POINTE ENGINEERING DOES NOT GUARANTEE THE INTEGRITY OF THIS PRODUCT, BUT OFFERS ITS USE AT THE OWNER'S DISCRETION BASED ON REASONABLE DATA PROVIDED BY THE MANUFACTURER. REFERENCES: INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS (IAPMO) STANDARD IAFMO GUTTER DOWNSPOUT IGC-27G-201 O; CERTIFICATION OF EZFLOW UNDER TH15 CONNECTION MT.) 7151 STANDARD; "PERFORMANCE OF CHAMBER AND E21203H SYSTEMS COMPARED TO CONVENTIONAL GRAVEL SEPTIC Proposed Gravel cc4leY TANK SYSTEMS IN NORTH CAROLINA". PUDL15HED BY (Shall graded to collect Af L UEBLER, BERKOWITZ. BEU5HER, AVERY. OGLE. ARRINGTON. in Dari graded Rock Trench) AND GRIMES. M P x 4' x 24' Rock Trench M CONSTRUCTION 4 FINAL INSPECTION REQUIRED FOR (gee Details) ENGINEERING CERTIFICATION. N 17020'57" W 50.01' 1: AO.. Monroe Street Gy . 50' R/W - Public Compass Pointe Engineering, PA Date: 3/31/16 Beamon's Place Scale: 1/16'= I' 5041-3 Main Street Drawn By: TMM Shallotte, NC 28470 Page: I of 2 340 1 :abed WW1 :Ag uMe,1Q = .91 i1 :aleos w1NI/1geddv :agea A OLbBZ ON `9410Ile4S 100JIs uleA £' I i70S 90e1d G,UOWeag yd 'f0UIJa9u16ug aqulod ssedua00 ,DIlqnd - M/?J IOg 400141; aojuoW m 3000111 p5 �a€ /"c w Xo! 3 C,S x lb•6i aur\ a, w N o � M •L�"�� u <S N b S; w W 10 � J Z on m m J b m Nyy' (A p O \ Oo A A o in \� fA r a Q N � x^ A A N p a0M II paa4�\\a6 _ D fWN �qaW y . '. pO V fllaM V V � � / O . f OZl\ 5 3 •Ly i H@H0MC2 MAR 3 0 ?016 D JS'."d OF O'E.'•. l IKF PEPf;H COASTAL DESIGNS Um ' q" ma.... u..:na.amw E E= .mgFbor B. MO&F. Grey rota- .LSsensc. 5 RECEIVED WILMINGTON, NO APR 0 4 2016 Mai T�Nm .�.x vsmv - 14.; Q% 1 • r 5TORMWATER PLAN * DETAI1-5 72 MONROE STREET OCEAN 15LE BEACH, NORTH CAROLINA FOR COURTNEY GRAY CALCULATION5: Lot 5ize: G,502 5F Proposed Impervious Roof Area: 1 .01 1 5F Proposed Gravel Drive Area: 5G8 5F 50% Allowable Coverage: 3.251 5F Total Impervious Coverage Proposed: 1,0 1 1 5F (1 5.5%) ROOF COLLECTION: Trench Capacity per Linear Ft (51 x 3G" x 24" Trench) EZ Flow 1203H (I .GO CF/LF Ea.) I .GO x 2 s 3.20 CF Per Linear Ft (As Proposed) Roof Area To Be Collected - 1 ,O 1 1 5F 5torage Volume: 1 ,01 1 5F x 1 .5 Inch — 12G.37 CF Required Trench Length - 12G.37 / 3.20 RR 39.4 Feet Use Two (2) Trenches - 20' x 3G' x 24' Each p � I, 0 APR - 5 20 66 D ELAN VIEW C '"FraION ODvA ' OWMWF ITIC nl PIR TO OOMMIICMR _ M1 G•pt G1 CrTW12 QLRC CONNERgNI c• xur eAxD GDIJPIf4 jIVE.) POKTIONT OErONO oNrwx or DUNo Re SOUO""To WNIXDW c.r R®IKI NEow"o, 1Mr USE TOP OR DOTTOM DU =I W rNm Or WNOU NOT u ) SECTION VIEW V.G. FlLL GRAVEL 1CRLT[ rINWED DRADE C SOUD PIPE W R Iav) SECTION A -A S' NON-W WN G'OTMIV PARINC 0,15C: M To MIS) ON SIM. E.M. TOP AxD DOTTOM (OV[MAP G' MIN. AT BRINGS) RECOMMEND C - IV MLI•COVD! a 1 zw H nmu TIUWH ILNOTN a 1203 H ENTIM TR[NCN IOIOTH (CONNECT TO OW/ ,.T I CIGNOUT ra. WR MAYLL TOEOR EOROM SUMM; GAP [NOS OF ixIm [.or U ) EZ FLOW DRAINAGE BUNDLE NTS NON VrOKN OEOTMILE MUM PAWC ORL: AA W WWI ON SIDES. ENDS, BOTTOM. AHD TOP (JVRIAr C MIN. AT D ) DOWNSPOUT / CLEANOUT CONNECTION NTS Compass Pointe Engineering, PA Beamon'5 Place 504 1-3 Main Street 5hallotte, NC 25470 Date: 3/3 L/ 1 G Scale: NOT TO 5CALE Drawn By: TMM Page: 2 of 3 it OCEVV Wt. VbU soje 5TORMWATER PLAN * DETAILS 72 MONROE STREET OCEAN 15LE BEACH, NORTH CAROLINA FOR COURTNEY GRAY DRIVEWAY COLLECTION: Assume 40% Aggregate Voids Proposed Gravel Area: 5G8 5F A55ume 50% of ram to infiltrate into Gravel Drive Storage Volume: 568 5F x 1.5 inch x 50% = 35.5 CF Proposed Trench Length: 24' Proposed Trench Depth:IFt Proposed Trench Width = 35.5 / (24' x I' x 0.4) Proposed Trench Width = 3.7 Ft. Required Trench Dimen51on5: 24' x 4' x P 10' 6' 5' 4' 25'-0" TYP A D C E FC. 4„ Fr Varme 3% to IFt Road /X2'/Ff \IZ D c TIEGravel Drive J x 4' x 24' Rock Trench 0„ D C E E -2 1/2' -5 1/2' -5 1/2' -3 1/2' DRIVEWAY AND 5WALE DETAIL FOR 50' R/W NOT TO SCALE DRIVEWAY ROCK TRENCH CP055 SECTION NOT TO SCALE API R - 5 2016 Compa55 Pointe Engineering, PA Beamon's Place 5041-3 Main Street 5hallotte, NC 28470 G Min. = 8.0' Max. = 26 1/2" (H : w... DCM Wl7, GG7QN �[C Date: 3/31 / 1 G 5Ca I e : NOT TO SCALE Drawn By: TMM Page: 3 of 3 Date 3•2-a• 2oi ( MAR 3 0 2016 Re: CAMA Application Notification Dear il+u.K This letter is to inform you that I have applied for a Minor CAMA Permit on my Property located at Lot 7`1 Block 19 physical address of 71 Section )9tt with a ati✓u � S+ Ocean Isle Beach, North Carolina. CAMA regulations require me to notify you of my intentions. I have enclosed a copy of my permit application and a copy of the Proposed project drawing, If you have any questions on my proposed project, please contact Justin Whiteside, Local CAMA Permit Officer for the Town of Ocean Isle Beach at 910-579-3469. Sincerely, RECEIVED DCM WILMINGTCN, NC APR 0 4 2016 r- - tn u- Er RECEEMEM m ATLAN A CiAPP I 7' Certified Mail Fee m ri $ Extra SeMms &Fees (ghackeat O ❑R R dPt OT cW4 p ❑Regan Re pt(elec q O OCerti( Man HeetrN.4tl DdM 13 []d l gnffi.Requ OMu$Sgnat ResLkretl nNFmi O Postage m S $ m Total Postage and Fees to $ r-9 sent To o r, SlieefAPG 1 ,oi tlmr', $3.45 0406 02 Pos nwk HM $0.49 03/27/2016 $3.94 trIr OCEAt m S Cedified Mail Fee $3.45 m $ Extra Services$Fees(cfiegkaax.�t°8� $ 0406 ❑Remo RoealntQ-d.Wt $ 02 Posanark C3 p.aeeW(ei. n4 �CeRIfW Mnffiu�eaIIRaMciM DeGverY $ Here Q c3mwtslgRega nAault Sgna Razabtatl ee0wry$ O Postage 03/29/2U16 m mTotal $ Pgs"e aM Feas $3.94 in Sant To LieN I t l rr sji¢etan a. ori`8 ixy ur l l il-c i - qz �DMAR 3 0 2016 IttSPFr- O' RECEIVED DCM WILMINGTON, NO APR 0 4 2016 Date I`I4 Bgr¢sda �llahta Ga 3030 MAR 3 0 ppis Re: CAMA Application Notification Dear �I , This letter is to inform that hat 1 Property located at Lot have apPlled for a Minor CAMA Permit on my Physical address of �' Block Imo_, 72 Section Qfc Ocean Isle Bea cho �'"' , N0e_ S4. �-- with a North Carolina. My intentions. I have enclose CAMA regulations re Proposed d a copy of m quire me to notify you of p project drawing Y Permit a require and a copy of the If you have any questions on Whiteside, local CAM my Proposed A Per Project, please contact Justin 910-579-3469, Permit Officer for the Town of Ocean Isle Beach at Sincerely, ®OM WILM NIGTON, APR 0 4 2016, AEC HAZARD NOTICE Project Is In An: Ocean Erodible Area 'High Hazard Flood Area Inlet Hazard Area Property Owner: .l W L A 4Sm. Property Address: lZ t40^ro4, S� Date Lot Was Platted: - / qs-q 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 thatyou receive anAEC HazardNotice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled ifthey become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission,, indicates that the annual long-term average ocean erosion rate for the area where your property is located is Z feet per year. Therate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as oa feet landward in a major storm. The flood waters in a major storm are predicted to be about 1_feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins,jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicantmustacknowledgethis informationandrequirements by signing this notice in the space below. Without the proper signature, the application will not be complete. Applic ntSignature Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 ofthe third year following the year in which the permit was issued. Shortly before work ltegins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. Ifthe property has seen little change since the time ofpermit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on -the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-dayperiod will necessitate remeasurement of the setback It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal._ can be authorized. It is unlawful to continue work after permit expiration. For more infornsaffon, contact. Local Permit Officer Address Locality Phone Number p 19@IF. odIE MAR 3 0 2016 i0 vH OF OCEAN ISLE BEACH DCM RECEIVED NGTON, NC OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND • [Consult "Guidelines" (form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-1) with the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": JEEFREY STEPHEN. MILLER (b) 'Buyer": J. W. LAWSON CONSTRUCTION (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: 72 MONROE ST. City: OCENAN ISLE BEACH Zip: 28469 County: BRUNMICK p: , 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 Block/Section Subdivision/Condominium N/A , as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: 243IID016 Other description: L-74 B-19 S—B&C OIB PLAT 6/1 Some or all of the Property may be described in Deed Book 3080 at Page 735 (d) 'Purchase Price": $ 240 000 00 paid in U.S. Dollars upon the following terms: $ $ BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. 2,400.00 By INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by ❑ cash ® personal check ❑ official bank check ❑ wire transfer, EITHER ❑ with this offer OR x❑ within five (5) days of the Effective Date of this COntmcL $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by cash or immediately available funds such as official bank check or wire transfer no later than 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 2A6-1). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). $ 237,600.00 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 do North Carolina Bar Association Page 1 of 11 STANDARD FORM 12-T � Revised 7/2015 REP170R0 North Carolina Association of REALTORS@, Inc. 1°'�1O1ID1 00➢mR19gIY p 7/2015 Buyer initials Seller initials RC7 cU�O Cmoke F-AMs.I Cm YDr6w O..We Bcad iCn469 Pdwc910.6T9-3A5 F➢x: 910.d]94D53 WIZk/�'�1 Eddybmu ProduoedwahRi Form®6 i OCM p y pLogtx ra070Fal MWoRoad,Fraser,brWOa046026 fflM1fmLo , 1�'�iv, NC APR 0 4 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 Sellers 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 breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): COOK REALTY TRUST 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 this Agreement. (h) "Due Diligence": Buyer's 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 Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to 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. G) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on March 18 , 2016 TIME BEING OF THE ESSENCE with regard to said date. Page 2 of 11 STANDARD FORM 12-T Revised 7/2015 Buyer initials Sellerinitials RECEIVED ©7/2015 PraauceawllbripFoo6byriPLagk 16070FifteenMieRoad, Fraser,hnWgan4a02.6 nmzb1mkm DCM WILMINGTCN, fN1CVSON APR 0 4 2016 (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 March 25, 2016 (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 title 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 required 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 -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North 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 Buyers expense, shall be entitled to pursue qualification for and approval of the Loan if any. (NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for 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 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: (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: (I) 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 STANDARD FORM 12-T ,LC- lRV&ed 7/2015 Buyer initials Seller initials DCM N/ILMINGTC{o 7/2015 Pmducedw8h:1pForm9byupL0& 18070Fdteen Mienoed,Fmser,Michtgan48026 w .NpLmbc. om APR 0 4 2016 LAWSON subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2Al2-7) 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 Buyers 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, stomtwater 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 Buyers 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. M 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 0 does 0 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: 0 Conventional ❑ Other: loan at a Page 4 of 11 STANDARD FORM 12-T RECEI\kb y sed 7/2015 Buyer initials Seller initials DCM W1Lr0lNGT0NQ 015 Pmducedwilhz!PFOMObrriPLO& 18070FOeenhne Ftmd,Fraser,MkN0an48020 wvw. io m'u ram APR 0 4 2016 LAWSON ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of year(s), at an initial interest rate not to exceed % per annum (the "Loan"). (NOTE: Buyer's 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 Buyer's 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 Buyer's 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 Buyer's 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 instruments required to secure the balance of the Purchase Price unpaid at Settlement. 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller. 0 has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): NONE IINOWN-SELLER RESPONSIBLE IF ANY EXIST Seller warrants that there are no Confirmed Special Assessments except as follows (Insert 'None" or the identification of such assessments, if any): ANNUAL, CANAL, DREDGING ASSESSMENT $150 (c) Owners' Associations) 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 Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-1) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: (❑ Applicable X❑ 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 x❑ 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, 2008, attach Improvement Permit hereto.) Page 5 of 11 STANDARD FORM 12-T RECEIVE wised 7/2015 Buyer initials Sellerinitials DCM WILMEIVED NC O15 ftodUMdVe1h2VMMVby SpL09ix 18070 Moon Use Road, Fraley Mk168an48026 w ,FL f LAWSON APR 0 4 2016 6. SELLER OBLIGATIONS: (a) Evidence of 1Stle 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 Buyers and Sellers agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurers (or title insurers agent's) file to Buyer and both Buyers and Sellers 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 Buyer's 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 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 alien against the Property as described in N.C.G.S. §44A-8 verifying tint 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 2A14-1) 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: AS THE BUYER DIRECTS Page 6 of 11 STANDARD FORM 12-T Buyer initials Seller initials RECEIVEvised 712015 0CM WILMINGTON, A 7L/2015 P10dUMtleaAaPF0m,IDUy2iPL09ta 18070Filt nWeaoaQFraser,MiCtdgan48026 www.NvtooU, LAWSON APR 0 4 2015 (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ toward any of Buyer's expenses associated with the purchase of the Property, less any portion disapproved by Buyers lender. NOTE: Examples of Buyers 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 Seller's 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 Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with 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 terminate 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 cc(;ci Rfvised7/2015 Buyerinitials Sellerinitials _)CM WILh41NGTCN,RW2015 P10ducW"V121PF0nn967aPLa8418070Fiaeen WeR=d,Fraser.MWii S8026 m ,IbLo kwm LAWSON APR 0 4 2016 I1. POSSESSION: Unless otherwise provided herein, possession 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. 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 2AI1-1) ❑ Additional Signatures Addendum (Form 3-T) ❑ Back -Up Contract Addendum (Form 2A I-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Loan Assumption Addendum (Form 2A6-7) ❑ OTHER: ❑ Owners' Association Disclosure And Addendum For Properties Exempt from Residential Property Disclosure Statement (Form 2Al2-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 14. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 18. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or 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 par 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 I 1 STANDARD FORM 12-T �te�ised 7/2015 Buyer initials Sellerinitials DCM WILMWGTCNOW 015 P=Ncedw0h2ipF0rm®byzptngk 18070F0eenhae Rwd.F2ser,MicMgan48028 aww.tt t LAWSON APR 0 4 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 SPECIFICTRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: Buyer J. W. LAWSON CONSTRUCTION Date: Buyer Entity Buyer. (Name of LLC/Corporadon/Partnership/frusVetc.) By: Name: Title: Date: Date: Seller JEFFREY STEPHEN MILLER Date: Seller Entity Seller. (Name of LLC/Corporation/Parnershipfrmstletc.) By: Name: Title: Date: [THIS SPACE INTENTIONALLY LEFT BLANK] Page 9 of 11 STANDARD FORM 12-T Revised 7/2015 © 7/2015 Pr0dU=dwuhaPF0m9by SPLueta 18070 Fifteen We Road; FnMCr.Vc[g9an48026 �.zfnimj., LAWSON NOTICE INFORMATION NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENTAPPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Buyer Fax#: Buyer E-mail: SELLING AGENT NOTICE ADDRESS: Firm Name: COOKS REALTY INC Acting as0 Buyer's Agent Seller's (sub)Agent ODual Agent Mailing Address: l CAUSEWAY DR. , OCEart xsr.E Beata, NC 28469 Individual Selling Agent: Eons -Tones ❑ Acting as a Designated Dual Agent (check only if applicable) License #:1419331 Selling Agent Phone#: (910) 443-2113 Selling Agent Fax#: (910) 579-9353 Selling Agent E-mail: auroxaeramu.com SELLER NOTICE ADDRESS: Mailing Address: Seller Fax#: Seller E-mail- LISTING AGENT NOTICE ADDRESS: Firm Name: Acting as 0 Seller's Agent 0 Dual Agent Mailing Individual Listing Agent: ❑ Acting as a Designated Dual Agent (check only if applicable) License #• Listing Agent Phone#: Listing Agent Fax#: _ Listing Agent E-mail: (THIS SPACE INTENTIONALLY LEFT BLANK] Page 10 of I 1 STANDARD FORM MT RECEIVEgised 7/2015 DCM WILMINGT0N,AZ12015 PmduoedvQh NPFnm0byriPLogtt18070F.11"n MOOHWd,Fms2468CtigM48026 v .N"Lmixwm APR ® 2016 LAWSON ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: JEFFREY STEPHEN MILLER ("Seller') Buyer.J. W. LAWSON CONSTRUCTION ("Buyer") Property Address: 72 MONROE ST., OMAN ISLE BEACH, 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 $ receipt of which Listing Agent hereby acknowledges. Date: Firm. By: (Signature) (Print -------------- -- --- El 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 $ , receipt of which Seller hereby acknowledges. Date: Seller: (Signature) JEFFREY STEPHEN MILLER Date: Seller. (Signature) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT 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 Escrow Agent of an Initial Earnest Money Deposit in the amount of $ . 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: COONS REALTY TRUST By: (Signature) (Print name) -----------------------------------------------------------------• ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT 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 Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ . 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: Firm: COOKB REALTY TRUST By: (Signature) (Print name) Page 11 of 11 STANDARD FORM 12-T RECEIVED Revised 712015 DCM WILh41NGTCN, NC 7/2015 Pmducede6NripFarm9by4Loaiz 18070FImen Mae Road Fraser.Mctigen48a2fi ,w,w.zm ooir om LAWSON APR 0 4 2016