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HomeMy WebLinkAboutNH_16-40_BurrellNEW HANOVER COUNTY 16.40 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 Ronald 8r Donna Burrell, authorizing development in the Estuarine Shoreline - ORW (AEC) at 5248 Woodscape Drive, in Wilmington, NC, as requested in the permittee's application, dated September 29, 2016. This permit, issued on October 11. 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 an in -ground swimming pool and deck and associated landscaping. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on September 29, 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 798-7116 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 date. This permit must be on the project site and accessibie to the permd officer when the project is Inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approved. 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 no be transferred to another party without the written approval of the Division of Coastal Management. Linda E. Painter CAMA LOCAL PERMIT OFFICIAL 230 Government Center1364��D WilmingtonliND28403AINGTON, NC 0 C T 1 9 2016 PERMITTEE (Signature required if conditions above apply to permit) Name: Ronald & Donna Burrell Minor Permit # 16.40 Date: October 11, 2016 Page 2 (5) The amount of impervious surface shall not exceed 25% of the lot area within 575 feet of Normal High Water (Estuarine Shoreline - ORW Area of Environmental Concern) in this case, 1,500 sq. fL of new impervious is authorized. Total impervious 6,780 sq. ft. (6) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any lend -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 property stabilized with a vegetative cover. (7) 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. (8) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction completion. SIGNATURE. PERMITTEE DATE: RECEIVED DCM WILMINGTON, NC 0 C T 1 9 2016 Locality ;, " rn r . s t c Permit Number O A Ocean Hazard rstuanne Shoreline ORW Shoreline _ Public Trust Shoreline Other (For official use only) GENERAL INFORMATION LAND OWNER Name Address s City State cam_ Zip a &109 Phone Email AUTHORIZED AGENT Name Address City {may, t I IV, %=���i�. _ State V,,C Zip a&-I-tb I Phone t j 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: 1, 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 S7 page N g,_ in the N-_ . County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of ; probate was in County. E, y if other interest, such as written contract or lease, explain below or use a separate sheet-& -attach to #p application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this WSW,e8f"� ve given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. LOCATION OF PROJECT: (Address, street name and/or directions to site. If not �oceanfront, what is the name of the (I) adjacent waterbody.) (2) DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) s 'Zc — (4) SIZE OF LOT/PARCEL: square feet /, z c�' acres PROPOSED USE: Residential [ (Single-family Multi -family ❑ ) Commercial/Industrial ❑ Other COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies to your property): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: �il�_ square feet (includes air conditioned laving 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: (no v 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_ NOS If yes, list the total built upon area/impervious surface allowed for your lot or parcel: Q-- square feet. 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 floodproofng techniques. I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the day of , 20 _ Landowner or person authorized to act as his/her agent for purpose of filing a CAMA permit application This application includes. general information (this form), a site drawing as described on the back of this application, the ownership statement, the Ocean 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 on l into rp f 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 dction. 1 S 28b575Y W 105.29' Lot 12 I Lei 4 D+ Stt bac� •,�`1� I ?•� ��ool f 1 top ue•a- Driveway I A.. y AUG 0 5 VICINITY MAP IEr.s. Legend: O E) istir9 Iron Pipe RECEIVED (0 Existing Iron find v a i NEW PL iD Z S Lot 1,3R u.e' �eaa� >�J�atrS Al1ow�� ao)30 (��o5ea-- i,5ov ,c Lins 1 l- .• . p rL�J• r e 1.) Mean High Water flogged by tp�° gr� New HwroYer County on February `. �� • ` i lut5. 2006. ` 01 p k S' ep R E C E I wetiond line a t� n tear+ y 1�DCM WILMING ,P.C. dated December 1 OCT 1 9 2616 Stale: 1*=50' i r ! 51 2 (r U1iPa acmo Teu�� a1C moy, that `SN 11CARp4 Old Fort Builders survey p 5245 Woodsco a Drive performed and drawn under my supervision In aceordante with - Z. sot a ..t.y'� Lot 12 The Standards of Practice for 3 4t Woodscope Subdivision Land Surveying in North Caroline= S� -. .• - ••_..-+•.. ur ..w— my Arininal sianoture. A f L-41M A. it1� 40 RECEIVED SEP 2 9 2016 R NEW HANOVER COUNTY PLANNING & ZONING North Carolina Department of Environment and Natural Resources Pat MDCM GOvemor D m* R. Van der Vaan anKx Seaemry AGENTAUTHORIZATION FORM Date: q - I(.- 11d Name of Property oweer for Permit Name of Autho Agent for this project .�n�.ra ' l) c�rhl,,.E�� Ovwriees : 1 certify that I have authored the agent listed above to act on my behalf, for the purpose of applying for, and obtaining all CAMA Permits necessarXto iwW of cOnStruct the flowing (activity) For my property located This cert#kaMm is valid 1 year from (date) .L &t&CW q.1(0.1(f Property Owner Signature Daft Ka awWon of Cmslam aaiaoamre '.2/ Cwn W Drive Etl.. rf9rm9mm, NC 28405 ,9 re:9tn-79&M51 FAX. 91DZ95M NISMOtwlwJCMftSoWanqMmuJ3w -'��i Cmmy 1 Nfnnim AiSm E>vVAa RECEIVED DCM WILMINGTON, NC OcT 19 2016 RECEIVED SEP292016 918NVA616 NEW PLANNING &ZONING HANOVER COUNTY " Pal Mom" Gasnor Donald R. Van der Vied AGENTAUTHORIZATION FORM Date: Cl - U - 142 Name of Prolm" Owner ApphyvV for Parma Name M spent for th's project Rflt.�1a Dan, .> fa 1) c�A��� 1lk,rr+5 ►IUE0�n s�. • i e i r � •a Em-L dOPIA323Q Va-hW -Qw) ,EA - Phone t$Q 233 lr— PhOM (9._.10 t t 4-14! j I certify that I have authohaed the agent Usted above to act on my behalf, for the purpose of a"ng for, and obtaining all CAMA Parmits nsoewar( to h&W or construct the V"N t yk For my property located This certification a;I valid t yaw from (dale) 9-� & Props" owner Signature Date N.G C%4dM nC=W i w6 f7/ Cam DrMEV. MwoobL NC arsa fimC 910-n1 M51FAK910 /mOWwwjcca%0Mwu*wwtw }ue Aoftrwh. RECEIVED DCM WILMINGTON. NC OCT 1 9 2016 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby certNy that I own property adjacent lolto,>,O A ZZIIL'� & fill 's (Name of Property Owner) property tccatedat_ `S�{�\ �cr� Address, Lot, Block, Road, etc.) In ��A &�N C4 k N.C. (Waterbodyl (Town and/0 County) He has described to me as shown in the attached application and project drawing(s), the development he is proposing at that location, and, I have no objections to his proposal. RECEIVED SEP 2 9 2016 NEW HANOVER COUNTY PLANNING & ZONING (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) Signature Print or Type Name Telephone Number Date RECEIVED DCM WILMINGTON, NC OCT 19 2016 . Ostal Service CERTIFIED MAIL' RECEIPT Oof:sruN� tdcir Onty Fo tl II ery ,nformaboq visit N FA I ra PA ru a CertMedFee (a,:t%:�r Reslrlgsd Oetivery Foe (Fndorsm,enl Ra z; S Total Postage a Foos M S jl C S1rea(i� O dAyt.h M1 aPOBor No. City, State, Zip Code Dear Adjacent Properly: 048U 14 .P kc U4/29/3Ul6 This lever is to Inform you that 1, "k 4,N*4L �•,u--A l have applied for a LAMA Minor properiyomw Permit on my Property at Ka ti !K LJ oa� WQW Imagarase pu-- 1 VA 0. JC Vr Property Address County. As required by CAMA nagudaWns, I have emlosed a copy of my permit applicatlon and project drawing(s) as not(Yication of my proposed project No action is required from you or you may sin and retum the endowed no objection form. 0 you have any questions or rzmments about my proposed praW, plane contact me at or by malt at the address listed below. ff you wish to Applicant's Telephone file written comments or objections with the New Hanover County CAMA Minor Permit Program, you may submit there to; Local Permit Officer for NEW HANOVER COUNTY 230 MARKETPLACE ORIYE, SUITE 110 WILMINGTON, NC 29403 SirrcerNy, Property Owner S��I� 1�Jotrlcr—F�1�e Qh. Mal ing Address 1 0x. ^-, �V__aK r steel zo WW RECEIVED DCM WILMINGTON, NC OCT 1 9 2016 li, 43 CO M> ru P.M.CO M ru Certified Fee Hamm nacelpt Fee C� 1 (F-r�dar.raem R,fi ,ad) L— 4 He53'wcad CMN.+Y Fea \ (a^� O (@ltlorsemenl Regan e J+►Rcy V Oai f\r:.5 S 'ill, ToW � Postyge & Fees ` 15. 0�M Ma81np P.WIM n �— o a47"ra � J \ ,Iw t CRY' sate, 4 Code City $Ya(o. Z%Ft,W j� Dear Adjacent Property: M. 0480 14 P here it } U4/29/2016 This latter is to Infomn you that t, \n't'� -4 0&A k-- O or Fit (have ap*d for a LAMA Minor Property Owner Permit on my property st -C2 LAk U `6� �T J c . InSM, 046-W l`"U ed Pro" Address County. As required by CAMA reputations, I trove enclosed a copy of my permf<application and project draw"(s) as notllkalfon of my proposed project No actlon Is mquh d from you or you may sign and return the enclosed no objection form, If you have any questions or comments about my proposed project, pbm contact me at Applicant's Telephone ,or by mall at the address listed below. If you wish b file written comments or objections with the New Hanover County CAMA Minor Permit Program, you maysubmit them to: Local Permit Ofloer for NEW HANOVER COUNTY 230 MARKET PLACE DRIVE, SUITE 110 WILMINGTON, NC 28403 ShroerNy, Properttl Owner X2t4R- to cco4c pl �Je Mailing address i xA. r A, City, State, zip Code �3EC=I V E D DCM WILMINGTON, NC 0 C T 1 9 2016 dMl ocuSign Eaveiope I At - OFFER For valuable consideration, the receipt and legal sufficiency of which art hereby acknowledged, Buyer offers 46a"p,ler upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any ldendum or modification made in accordance with its terms (together the "Contract"). NEW HANOrV�EpR COUN7y PLAN 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as se�igtltl' J& each term. (a) "Seller": dark A Weiss MD Trust Dated 12/15/2004 (b) 'Buyer": Dona B Burrell Revocable Trust (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. 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: 5248 Woodscape Drive City: Wilmington Zip: 28409 County: New Hanover , 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 12 , Block/Section , Subdivision/Condominium Woodseape , as sbown on Plat Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: 007612004043000 Other description: LOT 12 WOODSCAPB SUBDIVISION Some or all ofthe Property may be described in Deed Book 5743 at Page 725 (d) "Purchase Pried': $ 1,295,000.00 $ 2,500.00 $ 10,000.00 paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(f) by 0 cash ❑ personal check ® official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR ® within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by cash or immediately available funds such as official bank check, wire transfer or electronic transfer no later than , TIME BEING OF THE ESSENCE with regard to 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 2A6-7). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Fort 2A5-1). $ BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3-T). $ 1,282.500.0D BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). 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 Page I of 13 This form jointly approved by: IIAIW FAMM 2-T North Carolina Bar Association = CM WILM� Revised 7P016 North Carotin i;;-9 tion of REALTORSSt6, Le. Buyer initials Seler initials 0 C T 1 9 2016 R&NAxrv, [ld5 WM ,QrtoRWWA.ia&,NC2r4ur r..(91")rrldf45 a (sLgmdn4 sus Wu p M .Ro Ww pr"Ored VPFpmiabVZOLoyx 1a FrtRan Mk Rood. FMW,, WNW 4ae2r aaaLiadAplanm aotl""o send veafrx Om DocuSign Envelope ID: 1DAD7A8B8317-4BEE-B79A-83EBD661 t652 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 fiords, 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 or required to be paid in connection with this transaction, collectively the"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 Seller's rights under Paragraphs 4(d) and 4(e) 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): RE/]WAX Essential Monica D Rolquin 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 ("AUomey") 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 rase 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": 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 4 below, to decide whetter 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 Buyers 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 8(n) or Paragraph 12, 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 on the Effective Date and extending through 5:00 p.m. on 77ME BEING OF THE ESSENCE with regard to said date. (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. �y�-�.� ��--yv (1) "Settlement Date": The parties agree that Settlement will take place on 1 arEIVED (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. 5EP292016 Page 2 of 13 N GP71; R I {u��A�� itMd7l2016 2-T P .. e Buyer initials "` Seller initials -.- _----- 0 C T 1 9 2016 0712011 Pmd,ma WZIPFWrMbVZKAW 18078Fa M RoNa Fa ,miepan W"wapL,'"m"' 5248 Woodscap dad �aorewe&mt— DocuSign Envelope ID: 1tMD7A8B-6317-4BEE-879A-83E8D6811652 (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 13 (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 REALTORSO 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 proRgsed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideratiir approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to dement whether o not it is fully payable at time of Settlement. 4 t r 2 9 201r 2. FIXTURES AND EXCLUSIONS. , (a) Items Leased or Not Owned: Any item which is leased or not owned by Seller, aIu'L fiF$ �aatellite dishes and receivers, appliances, and alarm and security systems must be identified here and shall not con iwBrdDSktlPd fuel tank and hvdroelen Peroxide tank for the rater softener are loaned (b) Specified Items: Unless identified in subparagraph (d) below the following items, if any, are deemed fixtures and are included in the Purchase Price free of liens: rangelstove/oven, any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers, mounting brackets for television and for speakers and all related hardware, burglar/fire/smokelcarbon monoxide alarms and security systems, pool, hot tub, spa and all related equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, all bathroom wall mirrors and all attached wall and/or door mirrors, fuel tank(s) whether attached or buried and including any contents that have not been used, removed or resold to the fuel provider as of Settlement*, landscape and/or foundation lighting, invisible fencing including all related equipment, lawn irrigation systems and all related equipment, and water softener/conditioner and filter equipment (c) Other Fixtures/Unspecified items: Unless identified in subparagraph (d) below, any other item legally considered a fixture is included in the Purchase Price five of liens. (d) Other Items That Do Not Convey: The following items shall not convey (identify those items to be excluded under subparagraphs (b) and (c)): 3 blue bird houses in back yard Turtle and fake stone in front Palm bed Seller shall repair any damage caused by removal of any items excepted above. *NOTE: Seller's use, removal or resale of fuel in any fuel tank is subject to Seller's obligation under Paragraph 8(c) to provide working, existing utilities through the earlier of Closing or possession by Buyer. 3. PERSONAL PROPERTY: The following personal property shall be transferred to BxRL1vaiue.at.C,tosing: See the list of Personal ro r included is Addendm A.ETM �� �� �� LLJJ N, NC 0 C T 1 9 2016 Page 3 of 13 dos STANDARD FORM 2-T Buyer initials Seller initials Revised 7/2016 ...._.._'_ 07/2016 PNd,md APFWrMbl *UVu Caere FYbe� ra , F�, WKtig 4MM mwAox&L 5248 Woodscap dW1=0 slenawrev Ifi�oon: DocuSign Envelope ID: 1DAD7A8B-6317-4BEE-B78A-83E806811652 l 0 (e) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (f) 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 Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under Paragraph 8 of this Contract or for any other reason permitted under the terns of this Contract or North Carolina law. (g) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 5. BUYER REPRESENTATIONS: (a) Loan: Buyer M 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: 0 FHA ❑ VA (attach FHA/VA Financing Addendum) CD Conventional ❑ Other: loan at a ❑ Fixed Rate 0 Adjustable Rate in the principal amount of plus any financed VA Funding Fee or FHA MB' 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: This Contract is not conditioned upon the sale of Buyer's property unless a contingent sale addendum such as Standard Form 2A2-T is made a part of this Contract.) (c) Performance of Buyer's Financial Obligations: To the best of Buyer's 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) Residential Property and Owners' Association Property Disclosure Statement (check only one): ® Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer. ❑ Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third ffective Date; or (3) Settlement or occupancy by Buyer in the case of a We or exchange. 0 Exempt from N.C. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES): rtV NEW HANOVER COUNTY Page 5 of 13 PLANNING & ZONING r'—ma STANDARD FORM 2-T RECEiVEDRevised7/2016 Buyer initials ,zsvm'em Seller initials "�^' uCM WILMINGTON,N' 0712016 -� Frod mM LpFcm MzpLoad 18UG Fi w Mlk Rnatl, Favor, Mmigan'soar WeWaSL9gb n 5248 Woodscap OCT 19 2016 tloeloov siewh"n mifiaafon: DocuSign Ewelope ID: 10AWABB-6317-4BEE-B79A-83EB08611852 � V�-4-b (e) Mineral and Oil and Gas Rights Mandatory Disclosure Statement (check only one): ® Buyer has received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer. ❑ Buyer has NOT received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement-, (2) the end of the third calendar day following the Effective Date; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ Exempt from N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement because (SEE GUIDELINES): Buyer's receipt of a Mineral and Oil and Gas Rights Mandatory Disclosure Statement does not modify or limit the obligations of Seller under Paragraph 8(g) of this Contract and shall not constitute the assumption or approval by Buyer of any severance of mineral and/or oil and gas rights, except as may be assumed or specifically approved by Buyer in writing. (NOTE: The parties are advised to consult with a NC attorney prior to signing this Contract if severance of mineral and/or oil and gas rights has occurred or is intended.) 6. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners' association for providing information required by Buyer's lender; (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's fuhulilladlL e Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use e common elements and/or services provided to Buyer, such as "move -in fees"; (iii) determining restrictive covenant compliance; S E? 2 9 2016 (iv) appraisal, (v) title search, NEW HANOVER COUNTY (vi) title insurance, PLANNING & ZONING (vii) recording the deed, and (viii) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any infommtion therein, to the patties to this transaction, their real estate agent(s) and Buyer's lender(s). 7. SELLER REPRESENTATIONS: RECEIVED (a) Ownership: Seller represents that Seller: DCM WILMINGTON, NC ® has owned the Property for at ltast one year. ❑ has owned the Property for less than one year. 0 C T 1 9 2016 ❑ does not yet own the Property. (b) Lead -Based Paint (check if applicable): ❑ The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum (Standard Form 2A9-T)). (c) 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. Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): None (d) Owners' Association(s) and Does; Seller authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, represerrlative, closing attorney or lender true and accurate copies of the following items affecting the Property, including any amendments: Page 6 of 13 oa STANDARD FORM 2-T Revised 72016 Buyer initials Seller initials ® 72016 arw wh*ramebtrptn& mso7ofmrnareama.Pre hfthgm4m2e 5248 woodscap DOC11SlQ1 Envelope ID: 1DA07A8Bfi317-48EE-B79A-83EBD6811652 • Sellers statement of account • master insurance policy showing the coverage provided and the deductible amount iO `e' ED • Declaration and Restrictive Covenants • Rules and Regulations • Articles of incorporation u F P .3 0 MIS • Bylaws of the owners' association currant financial statement and budget of the owners' association parking restrictions and information NEW NkN PLANNING G & COUNTY &ZONING • architectural guidelines ® (specify name of association): Woodscape BOA whose regular assessments ("dues") are S 85.00 per month . The name, address and telephone number of the president of the owners' association or the association manager is: Ryan Ricker 440 263 5139 Owners' association website address, if any: 0 (specify name of association): whose regular assessments ("dues") are S per . The name, address and telephone number of the president of the owners' association or the association manager is: Owners' association website address, if any: 8. SELLER OBLIGATIONS: (a) Evidence of True 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 insurer's (or title insurer's agent's) file to Buyer and both Buyer's 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 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 Buyer an opportunity to conduct a final walk-through inspection of the Property. (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 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. Page 7of13 RECEIVED Do n r ia} DCMWILMINGTOATIMARDFORM 2-T Buyer initialxtmu®r Sella Revised 72016 initials r�016 0 72016 Prof W�tOFmWGy AMAoix 1Bero FOW Ro•4Fms,Aedeasn�aa]a 5248 Woobw DocuSign Ernebpe ID: 1DAD7A6B-6317-4BEE-679A-83E8D6811652 7�,yjt}`-t'--' (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: Buyer's 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: Dona H. Burrell Revocable Trust (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement S 1,500 toward any of Buyer's expenses associated with the purchase of the Property, including any FHANA lender and inspection costs that Buyer is not permitted to pay, less any portion disapproved by Buyer's 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 fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction plated this Contract other than those fees required to be paid by Buyer under paragraph 6(b) above; and (iii) fees in� t n aa''eting the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. SF (k) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assesshtehts, If }t vided that the amount thereof can be reasonably determined or estimated. h. (1) Late Listing Penalties: Al] property tax late listing penalties, if any, shall be paid by Sell4EW NN O(~V, E ZCCO COUNTY (m) Negotiated Repairsamprovements: Negotiated repairs/improvements shall be made in a good and workmanlike manner and Buyer shall have the right to verify same prior to Settlement. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Sellers obligations under this Paragraph 8 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 Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 9. 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) Taxes on Personal Property: Ad valorem !axes on personal property for the entire year shall be paid by Seller unless the personal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis; (c) Rents: Rents, if any, for the Property; (d) Dues: Owners' association regular assessments (dues) and other like charges. Page 8 of 13 oa STANDARD FORM 2-T B � RECEivEOevlasd"201b Buyer initials Seller initials DCM WILMINGTON. r O 7/2016 r'roet�a Wth z PFo byM"ar 100/D Faison Mde Road. Fraaar, Michigan 4ao26 aaa'. � 524B Woodsrap O C T 1 9 2016 Doaw Envelope ID: 1DA07A9&8317�BEE-B79A-83E8D1i811652 tl—b 10. ROME WARRANTY: Select one of the following: ❑ No home warranty is to be provided by Seller. ❑ Buyer may obtain a one-year home warranty at a cost not to exceed S and Seller agrees to pay for it at Settlement. ® Seller has obtained and will provide a one-year home warranty from 2 :10 Home Warranty at a cost of S 525.00 and will pay for it at Settlement (NOTE: Home warranties typically have limitations on and conditions to coverage. Refer specific questions to the home warranty company.) 11. 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. 12. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. if the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer- In the event Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed 13. 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 Patty 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, them the Delaying Party shall be in breach and the Note -Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 14. POSSESSION: Possession, including all means of access to the Property (keys, codes including security codes, garage door openers, electronic devices, etc.), shall be delivered upon Closing as defined in Paragraph 1(m) unless otherwise provided below: ❑ A Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-T) ❑ A Seller Possession After Closing Agteemem is attached (Standard Form 2Ag-T) ❑ Possession is subject to rights of tenant(s) (NOTE: Consider attaching Additional Provisions Addendum (Form 2A-11-1) or Vacation Rental Addendum (Form 2A13-T)) 15. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. ❑ Additional Provisions Addendum (Form 2A11-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Additional Signatures Addendum (Form 3-T) ❑ New Construction Addendum (Form 2A3-T) ❑ Back -Up Contract Addendum (Form 2A1-T) ❑ Seller Financing Addendum (Form 2A5-T) [] Contingent Sale Addendum (Form 2A2-T) ❑ Short Sale Addendum (Form 2A14-T) ❑ FHAfVA Financing Addendum (Form 2A4-T) ❑ Vacation Rental Addendum (Form 2A13-T) ❑ Lard -Saved Paint Or Lead -Based Paint [hazard Addendum (Form 2A9-T) ® Identify other attorney or party dratted NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 16. ASSIGNMENTS: Ibis Contract may not be assigned without the written convent of all parties except in connection with a tax - deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignB V Rol nce's heirs successors. RECEIVED IL.�E71'+i�`7E DCM WILMINGTON, NC � 9of13 S E P 3 0 2016 O C T 1 m STANDARD FORM 2-T Ve NEW HANOWR COUNflf vise17/2016 Buyer initials "' Seller initials PLANNINGd,ZCNitJG 0712016 Pf0&=d MN apFwm M zRtapk IW70 Fawn 1 Rod. Fv .raNigw4 M �5248 Woodscap do ao siel.m verlfiranon GocuSign Envelope ID: 1 DAD7ASM317- 4BEE-879A-63EBD6811652 17, 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. 18. 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. 19. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or perforated 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. 20. 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 REALTORO or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 21. 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 or 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 Munies" 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. 22. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 23. COMPUTATION OF DAYS/I'IME 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 he performed or made. Any reference to a date or time of day shall refer to the dale and/or time of day in the State of North Carolina. Buyer initials REC7EI , ED SEP 2 9 2016 jTIUS SPACE INTENTIONALLY LEFT BLANKeANNNOG ER COUNTY Page 10 of 13 os Seller initials '. " ' ''„" i DECEIVED OCM WILMINGTON. NC 0 C T 1 9 2016 STANDARD FORM 2-T Revised 7/2016 ® 7/2016 Aom,o"a w zpFot by aipL,$x 18070 rlMean M0a Rom Fraaer Mi igan OBG]e ama'.zipLopOt.� 5248 Wuodscap Amboo effn rewfimmn: DocuSign Envelope 10: 1DAD7ABB-6317-48EE-B79A-83E8D6811652 4� 1 Lp'-40 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 CAROLINA 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 shell give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: Buyer Date: Buyer Entity Buyer: Dona B. Burrell Revocable Trust 'NL ��� ��e'�'F' n911tA61219PN 6Yr DA[WijI1B-tMMFTOp By: Name:Dona B. Burrell Title: Im Date: /)}�,,� �t Seller era�e�^[.[ M)UWVMVM--ND TRUST 12/15/04 Date: 9/13/2016 Seller Entity Seller: Nark A. Mess ND Trust (Name of LLC(Corporation/ParbmxshiprrtusVetc.) By: Name:Nark A. Weiss Title: Trustee Date: RECEIVED SEP 3 C i'16 Ni_sJisr:i-iOVcRGO iviY PLANNING & ZONING [THIS SPACE WMNTIONALLY LEFT BLANK] Page 11 of 13 RECEIVED DCM WILMINGTON, NC OCT 1 9 2016 STANDARD FORM 2-T Revised 72016 ® 72016 FraOuda wee ZgF0M* by 6PLOk 18070 FhM MW ROW, Raw, WAQW 4&V9 wr�M 5248 Woo&=p d wa S vneure Y!(IIKiI{IMC DocuSign EnvekVs ID: 1DAD7A8B8317-48EE-B79A-83E8W11652 NOTICE INFORMATION `t1' NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGWr APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY T M CONTRACT. INSERT "N/A" FOR ANfn t" � Ln Y. APPROVED. yJl BUYER NOTICE ADDRESS: Mailing Address: aa2 shine n>oint Rd. Hilninoton, W 28409 Buyer Fax#: Buyer E-mail: dona2323avahoo.9ce SELLING AGENT NOTICE ADDRESS: FirmName:Re/MAX Essential Acting as® Buyers Agent0 Seller's (sub)Agent ODuel Agent Firm License #: C22381 Mailing Address: Individual Selling Agent: aoniea n 9olanin ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License 4:165529 Selling Agent Phone#: 910 232 1427 Selling Agent Fax#: 910 777 2734 mnic0luxuryrealestatenc.co Selling Agent E-mail: = SELLER NOTICE ADDRESS: SEP 2 9 2016 Mailing Address: NEW N TY Alivu Sella Fax#: Sella E-mail: LISTING AGENT NOTICE ADDRESS: Firm Name:Livinq Seaside Realty Grow Acting as ® Seller's Agent ❑ Dual Agent Firm License #: Mailing Address: 631a ol. . Lv D v: n.NC 29403 Individual Listing Agent. gazelles Dues ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #: 230006 Listing Agent Phone#: (910) 431-0084 Listing Agent Fax#: (9101 726-3847 Listing Agent E-mail! carolineglivinameamide. cancan [THIS SPACE INTENTIONALLY LEFT BLANK] Page 12 of 13 RECEIVED DCM WILMINGTON, NC 0 C T 1 9 2016 STANDARD FORM 2-T Revised 772016 ® 7/2016 vmaceetl ZWOMMM MOON 18n/0F b W Ra ,Fn ktdvW M07D bem rlctuphf.mm 5248 Woods p tlorlo"o Bier xure reAficazfon: DowSlgn Envelope ID: 1DAD7ABB83174BEE-B79A-83E8DS811652 ACKNOWLEDGMENT OF RECEIPT OF MONIES RECEIVED Seller: MAM A WEISS ND TRUST 12/15/04 ("Seller") Buyer: ("Buyer°) Property Address: 5248 woodscape Drive, wilmington WC 28409 SEP 3 0 2016 (.Property") ___________________________________________________________________________________________ ® LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE NEW HANOVER COUNTY PLANNING.j,Z?NT,G ase and Contract between Buyer and Seller for the sale of the Property provt s o Paragraph 1(d) of the Offer to Purchr payment to Seller of a Due Diligence Fee in the amount of S 2, 500.00 , receipt of which Listing Agent hereby acknowledges. Date: Firm: Living Seaside Realty Group JAI (Signature) Caroline Duclar (Print name) --•-------------------------------------------•--_------____------------------------------- W SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of S 2, 500.00 , receipt of which Seller hereby acknowledges. Date Seller: (Signature) MARK A WEISS ND TRUST 12/15/04 Date Sella: (Signature) ------------------------------------------------------------------------------------------- ® 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 We of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of $ 10, 000.00 . Escrow Agent as identified in Paragraph l(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: RE/N= Essential By: (Signature) Monica D Rolauin (Print name) ® -_---ESC-R--OW-•..AGENT.....AC..K...NO.W....LEDG..M...ENT..OF.....RECEI...P.T....(ADD..TT .....NAL).....EARNEST.......MONEY......'---DEPOSI------------- ..OF IOT 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 (Additional) Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph I (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: RE/MAX Essential Time: ❑ AM ❑ PM By: (Signature) Monica D Rolcuin (Print name) Page 13of13 RECEIVED DCM WILMINGTON, NC STANDARD FORM2-T Revised 7/2016 OCT 1 9 2016 07/2016 Raera9 rah erpPorme by I 19070rmei9a9Ra9d,Fl kft{7n O= 5248 Wood3mp doaoon sianamre vaiHaa�ionr D6mSlgn Envelope la 1DAD7ABB-6317ABEE-B79"3E8D6811652 Addendum A to the Offer to Purchase and Contract between Mark A. Weiss MD Trust dated 12/15/2004 (Seller) and Dona H. Burrell Revocable Trust (Buyer) for the Property at 5248 Woodscape Drive, Wilmington, NC 28409 This Addendum A is attached to and made apart of the Offer to Purchase and Contract between Mark A. Weiss MD Trust dated December 15, 2004 (Seller) and Dona H. Burrell Revocable Trust (Buyer) pertaining to the Property at 5248 Woodscape Drive, Wilmington, NC 29409 (the Contract). The Buyer and Seller hereby agree as follows: Personal Property. The following personal property shall be transferred to Buyer at no value at Closing and in its existing condition (AS IS): Basement level: Golf cart and any accessories Ping pong table with playing equipment 6 Adirondack chairs with ottomans and cushions Mounted TV 2 dehumidifiers White storage bench with wicker baskets RECEIVED SEP 2 9 P016 NEW HANOVER COLjMTy PLANNING & ZONING 1st level: 2 outside wicker chairs with matching ottomans, including cushions, matching wickertable, Hammock swings (double and a single) Foyer table— palm design, Wicker hallway seat with cushion; Master bedroom —wicker bed and mattress, 2 matching night stands, 2 lamps with palm design, mounted TV, matching wicker chair with ottoman (including cushions), table with storage baskets Bedroom 2 --table with fish motif Bedroom 3 —yellow dresser, mounted TV Bedroom 4—tables and mounted TV 2nd level: 2 wooden barstools in kitchen Kitchen refrigerator and beverage refrigerator in Kitchen 2 wicker chairs between kitchen and living area with cushions (not the pillows), Living Room - L shaped sofa with cushions and pillows, wicker coffee table, surfboard lamp, 2 striped armchairs and round table in between them Covered deck - outdoor L-shaped sofa with cushions (not the pillows), matching coffee table, outdoor wicker rocking chair (no pillows) 3rd level: Bonus Room - mounted TV and speakers, both leather sofas, futon with futon mattress, 2 bookshelves, and 2 wooden pillars The Parties have read, understand, and accept the terms of this Addendum A as part of the CoPVEFt', E I V E D DCM WILMINGTON. NC /{/°�`�/��/ Jj f 0 C T 1 92016 Yt6 ���AJ d50.a si¢wnvrwrm I11-nr DowSign Envelope ID: 1DAD7A8B-6317-46EE-B79A-83EBD6811652 Pool. Buyer shall have the right, at its own expense, to obtain all needed permit(s) to install an in - ground swimming pool on the property, and Seller agrees to cooperate with Buyer in obtaining said permit(s). Seller has previously obtained a LAMA permit to install an in -ground swimming pool, and will promptly transfer it to the buyers, if allowed. Buyer is obligated to promptly commence and diligently pursue obtaining the needed permit(s), and will keep the Seller informed of the progress. The parties acknowledge that the permit(s) may be approved but not issued until the property has been connected to the CFPUA water service system, which would occur after closing; approval contingent on the hook- up satisfies this condition. Due Diligence Fee. In the event the Buyer has promptly commenced and diligently pursued obtaining the needed permit(s) for the pool installation, and the permit(s) are denied, or if the Buyer's inspections reveal significant flaws in the structure or construction of the house that cannot be resolved between the parties, the Seller will refund to the Buyer the Due Diligence Fee. Dock Facility. The Property includes a 30' boat slip and a 1/3 share in the dock facility at Woodscape. In the event of a conflict between this Addendum A and the Contract, this Addendum shall control, except that in the case of such a conflict as to the description of the Property, or the identity of the Buyer or Seller, the Contract shall control. Dona H. Burrell Revocable Trust (Buyer) T✓" i//K'!6W Oe9n Y161 z.' L Em [1GT.M0.MY-GLN By: Dona H. Burrell, Trustee Date Mark A. Weiss MD Trust (Seller) - rnDecuSgroCuy L B�rc elss,Trustee 9/13/2016 Date RECEIVED SEP 3 0 2016 1 NEW HA )`7'_i t :.;-j,J N T Y FIJII�N3 IlZ ZU14ING RECFIvED DCM WILMINGTON, NC OCT 1 0 2%