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HomeMy WebLinkAboutSC_03-29_NelsonSurf City/Pender ^Local Government , Issued to CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management.' Thomas Nelson authorizing development in Ocean Hazard A E C 03/29 Permit Number at 1415 N Shore Drive as requested in the permittee's application, dated 0 3 / 1 4 / 0 3 This permit, issued on 0 4 / 01 / 0 3 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. 1. The structure shall comply with the North Carolina Building Code, including the Coastal and Flood Plain Construction Standards, Chapters, 40-41 Volume 7 and the Local Flood Damage Prevention Ordinance as required by the National Flood insurance Program. If any provisions of the building code or a flood damage prevention ordinance is inconsistent with any of the following AEC standards; the more restrictive provision shall control 2. The structure must be elevated on pilings with a diameter of at least 8 inches and the first habitable floor level measured to top of floor in AE Zone and bottom of lowest horizontal supporting member in VE Zone to meet 100- year flood elevation. 3. This permit may be renewed for one year if requested before the expiration date. 4. All proposed development must be consistent with all -applicable Federal, State, and Local standards. 5. All proposed development and associated construction must be done in accordance with the permitted workplat drawings as originally submitted and dated March 14, 2003. 6. Any change or changes in the plans for development, construction, or land use activities will require a re- evaluation and modification of this permit. 7. Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. 8. Any structure shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m,.st cease until the appeal is resolved. 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 modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 11 2006 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. �� 40,- IPerrhit Officer (signature) Steve Padgett Box 2475 name Surf C C 28445 address APR 0 31003 OF COASTAL DIVjSION MANAGEMErvT Permittee (signature required if special conditions above apply to permit) oo/pv 0 AEC HAZARD NOTICE Project Is In An: Ocean Erodible Area High Hazard Flood Area _ Inlet Hazard Area Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alteration 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. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual ocean ero on rate for the area where your property is located is feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as Z3—Sfeet landward in a major storm. The ood waters in a major storm are predicted to be about 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 devices, including sand bags, may be allowed under certain conditions. This structure shall be relocated or dismantled within two years of becoming imminently threatened. The applicant must acknowledge this information and requirements by signing this notice in the below space. Without the proper signature, the application will not be complete. ')dL� Applicant's Signature 'Date' SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development inthis area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer will determine the vegetation line and setback distance at your site. If theproperty has seen little change and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. It is impor- tant that you check with the LPO before the permit expires for official approval to continue the work after the permit has e�cpired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary. If substantial progress has not been made, the permit must be renewed and a new setback line established. It is unlawful to continue work after permit expiration without this approval. For more information, contact: U t Local Permit Officer Address eiu E?F C/ r`1 •vC ���t(S Locality 9r0-- 30?F?— 15YO o Phone Ps"s2m�r- 4 631"-)-9 �CV� APR 112003 COASTAL ISION OF MANAGEMENT 11/93 MENT 6d Oo 40140 � o gad -a�-' lv S► h I J a -moo N s �s pZ jhgl Pz,x"tjI,h� 122 i c N vZ Z � to mom' ` m Locality Permit Number GENERAL INFORMATION LAND OWNER Name Addre: City State %�� Zip o?�l Phone RIO 3a3 3019 AUTHORIZED AGENT -� � `11 Name �, I a � tm - I&QCil Prnpc fS, Z'Y1C� Address - -pc) i�&))L L- 14-c City Sur r 1 �7�1 State KIC, Zip 6TRL145 Phone 30- a-7 1 9 LOCATION OF PROJECT I y (If not oceanfront, is waterbody natural or manmade?) AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION (To be filled in by the Local Permit Officer prior to completing application.) -Z Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other PROPOSED USE -Z Residential Commerical/Industrial Other SQUARE FOOTAGE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES (such as driveways, etc.) within 75 feet of the estuarine shoreline, or 575 feet of an ORW shoreline, or 30 feet of the public trust shoreline. `0 - SQUARE FOOTAGE OF TOTAL FLOOR AREA OF BUILDING )$24 SQUARE FOOTAGE OF SITE 193M OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit. As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list with your LPO to determine if any of these apply to your project. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Burning, 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. 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 I see Deed Book page in the County egtstry o —Deeds. _ an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. Vif other interest, such as written contact or lease, explain below or use a separate sheet and attach to this application. CMrtY:! C+ ol✓dachkd NOTIFICATION OF ADJACENT PROPERTY OWNERS I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1) (2) (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or floodin&. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that I am authorized to grant and do in fact grant permission to the local permft officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without permit is subject to civil, criminal and adminii�strrW�ve action. �� This the � Mclay of M92J'511 20 , . RECEIVED 41 A Lan owner or person -thoriz� as his agent MAX 14 L'JJ for purposes of filing a CAMA permit application. -TtQ(is Itv 191hI IOZ I Sl-"p I g I , hZ pasarm2lxh� � ,h8 ,zZ CAMAI NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113-119(b), Town of Surf City, a locality authorized to issue CAMA permits in Areas of Environmental Concern hereby gives NOTICE that on 03-14-03, Lisa Thompson, authorized agent for Thomas Nelson applied for a CAMA permit to build a single family dwelling in the Ocean Hazard AEC at 1415 N Shore Drive . The application may be inspected at the address below. Public comments received by 03-26-03 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Steve Padgett Town of Surf City PO Box 2475 214 North New River Dr, Surf City, NC 28445 (910)-328-4131 Please publish on 03-19-03 a a .a y Postage n Certified Fee S Return Receipt Fee 17 (Endorsement Required Restricted Delivery Fee � 7 d) (Endorsement Require :3 Total Postage d Fees n sane To :3 Street, q L a Po Boxx No.o. 7 _ Ciry, Stale, ZIPW Rl m .n r Postage en F` Cert?ed Fee S Return Receipt Fee m (Endorsement Required) 0 0 Restrioted Delivery Fee (Endorsement Required( O Total Postage & Fees A r S TgpLo -. Street, ltot. No.; or PO Box No. l ^O � Ciry Sta(e,�ZlPid t • _ t _ ? Postage l r Cartifietl Fee S Return Receipt Fee m (Endorsement Required) O t7 Restnctetl Delivery Fee O d( (Endorsement Require p Total Postage d F. a t l x o" F s'iFN Pender County 17848 23 A as 8584 CountyMapper CD e 3 TP Version January 2003 p1 �' 512 as 17840 6° y`4 111 22 1p 4 541 oos a 4469 21 sA o� 17641 .p $ 40�"TV pM 579 es 5 17649 408 7 t 4426 `+° dd * 3 61784 �� 4 2 3463 3 * 19 20 5413 '� sa 6123 44 ♦ _ 7 AC'ND8 18 5A 1958 yo (G � 7417 5 � 8 �+ 4470 Qi� `p o2 6706 6 so 8248 yo 6378 7 1 Inch = 83.39024 Feet. 9 1656 4337 `� 4?� 3126 8 <P 5 Date: 03118=03 10 8a 3394 `p R. 1018 335 `'A 7 6 P'•'1 73 6799 B� 1834 5392 .11 84,@ 73581a2 3351 yo 5P`1 `p 9 5350 13 9 347 48'3 Q 1g �O 10 . 218 c' 5217 15 14 11 1 6143�� Bcl 31189 16 13 i 6265 1 4273 17 sp 14 cp 2025 18 15 a- 1408 230 19 76 �} 6211 .� 1=6143 Rp 7148 Y0 0 4572 ME -GARNER EUDELLE P �'� 17 s� 5178 tDR=1438 GARNER CHAPEL RD 3188 21 18 rV=MOUNT OLIVE 4761 nTE=NC 1859 22 5° �e 19 mo t8365 OP_ADDR=N SHORE DR 1415 3145 23 4 5135 'P ''p 71 tOP DESC-LT 1011 12 SL 6 PL 3 PG 86 /SSHO t}� 20 Sp 09 tTE=07130I1985 �\ 4 21 5719 t ;� 19963 d.E PRICE-3000 4181 'pa 7151 -6 Plt� 456462650000 Ah 22 B'� AS 11 2856 COUNT-593305 23 4SH=DESC-TOPSAIL 24 12479 1 ee 7018 12 No AL-40725 28 25 �v 4027 � � � 2160 13 AE VAL o 31532 my 1764 1y sp ' p� 6064 15:FER74 10=WINTER HAVEN N4E R5Ti 3073 161 16 1X CODES=G01 C53 SP (EFIPT=No date 6011 77 15 iE=No data 4PN-4245 015 047 'a0 7206 18 4P SHEET=No data i 5978 19 EAT SOFT=No data v 162 20 e. .-,qr up vJ vawcOr, J1U-JL !'eOJI p.c VACANT LOT OFFER TO PORCIJASE AND CONTRACT NOTE: This contract is intended for vsc only for lots winch have been developed pursuant to a Subdivision Ordinance adopted by a City or Couray and for whicb a plat list been recorded in the Officc of the Register of Deeds in the coumV in which the propeny is located. 11Seller is Bwar's builder and the sale involves the eonslroction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2) with the New Construction Addendum (Form 2A3). 'T-honjOS_ NP )Sbfl _ . as Bwer. hereby offers to purchase and � ' —,&c11 e, as Sower, upon acwptaoce of said offer, agrees to sell and convey, zll of that plot, piece or pawl of land described below (hereafter referred to as the'Prvperty"), upon the fonowin_v, terms and conditions: I• REAL PRO ERTV• Located w the City of —OUY-4- LAy County o1 Peno t?_ State of North Carolina, being lmown as and more particularly desenbed as: Street Address 11415 N • _v T zip Subdivision Name l J n+ rhlav2 p M plat Refererice: Lot J_O , 1 1 !t i 7 2 , Block or Section Le as shown on Plat Book or Slide _ 5 at Page(s) 8 Co NOTE: Prior to signing this Vacant Lot O1Tcr to Purchase and Cowan, Buyer is advised to ar iew Restrictive Ccry Ms, if any, which inks' limit the use of the Property, and to read the Declaration of Restrictive Covenants, By laws, Articles of Incorpor4fSon, Rules and Regulations, and other govetning documents of the owners' association and/or the subdivision, if applicable. S. PURCBASE PRICE: The parcbaage price is S 1 `4 5 OCD and sball be paid as follows: (a) g fvA , EARNEST MONEY DEPOSIT with this offer by ❑ cash $ personal check 0 bank shack ❑ Derrifled check other: to be deposiled and held in escrowby eaeh'VrE-g r J-teS,—Drte• ("Escrow Agent") until the sale is closed, at which time it will be credited to Buyer, or aril this corvwA is otherwise terminated. In the went: (1) this offer is not accepted; or (2) any of die conditions hereto are not satisfied then all cam--st monies shall be retumed to Buyer. In die event of breach of this contract by Seller, upon Buver's request, all omest monies shall be returnedlo Buyer, but such mmm shall sot afrat any Other remedies available to Buyer for such breach - in the event this offer is amepied and Buyer breaches this contract, then ail earmst me oies shall be forfeaM upon Seller's request but receipt of such forfeited uamest monies shall not affect any older ternodies available to Sellerfor such broach NOTL: In the ovum of a dispute between Seller and Buyer over the mzum or forfeiture of eurnest money held in escrow by a broker, tire broker is required by state law to retain said eon= money in the breknes trust or escrow account until a written release from the parties mwentiog to its disposition has been obtained or urail disbursement is ordered by a court of competent jurisdiction (b) S O ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than 3 12 b3 TIME BEING OF TnE ESSENCE WITH REGARD TO SAID DATE. (c) $ IV BY ASSUMPTION of the unpaid principal balance and all obliptioas of Seller on the existing loan(s) secured by a deed of trust on the Propetty in accordance wilb the suaclied Loan Assumption Addendum (d) $ f vl9 BY SELLER FINANCING in accordmwe with the anacbed Seller Fivartioiug Addendum (e) $_ 0. oo , BALANCE of the pmvbase price iacash a Closing. i CONDITIONS: (Stater N/A in each blank that is not a ctuxUlion to this contract.) - (a) Buyer must be able to obtain a ❑ P?IA ❑ VA (attach FHA/vA Fhowng Addendum) ❑ Germ etitiorral ❑ Other! Nr4 Joan at a p Fixed Rate ❑ Adjustable Rate in the principal amoum of "& (plus sus firtanccd vA Frmdb* Fec or FHA MTP) fora tatm of N JY year(s), at an initial indencst We noL to exa A IVR %perannum, with mortgage login discount poims not to exceed IV.A' %of tite loan amount. Buyer shah apply far said loanwithin W1 days of the Efftctivc Date of this contract Buyer shall use Buyer'skA effolts to secure the lie der's customan loan commitment letter on orbelore Alai _ and to satisfy all terms arid conditions of the !can comMtmMi letter by Ck s;m$. After the above loner date, Seller may rrquost in writing Page I of 4 This form jointly approved by: N Iwa IkAr Atweiatimn STANDARD FORM 11- T Atiap� �C��ixtlon of REALTORSdD, lac .°""'.o,.� �J 72002 SellprinitialsO EaY 41ae � 30'J N. 1+eW , Surf Cay NcsR44o Pkene:5ras26ar'r14 �F, 910-32WS44.,...^..11v="09daw .... �- oru'ac r-coot p.a from Buyer a copy of tlx: kKw commitment letter if Bovor fails to provide Seller a copy of the loan ODMITIMment Itop or a whiten waiver of this law condition within five days of mceiPi of Seder's nxWest, Seller may tonudnate this contract be• uriuen notice to Buyer at any time lbemafter, providod Seller has not then received a copy of the letter or the waiver. (b) There UMS1 be no rasuiaioA essmotait, Zoning of other govommoaW regulation that would prevera per reason blc use of the Property for uldef yi-I CL ( purposc: (.1mendod Use). (c) The Property must be in substantlWly the game tr better condition ai Closing as on the date of this offer, reasonable wear and tear cArepod (d) All dead: of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to Of Bt Closing such dial canceWDn May be Promptly obtained following CiDs:4 $Cher shall terrain obligated to obWn amp such cancillatioas following Closing. (e) 1ltle most be delivered at Closing by GEN17 WARRANTY DEED unless otherwise stated hereto, and mull be fee simple madtetable and insurable lisle, free of all encumbsarrecs except: ad valorem :axes for the suture ycat (prorated through the date of Closing), WhAl easements and umiolatod restrictive covemaas that do Not materially affect the value of the Property_ and Such olber encumbrances as may be assumed or specifically approved by Buyer. The Property mug have legal access to a public rigfu of way. 4. SPECL4.i, ASSESSMENTS: Seller warrants that these art no pending or eorifixroed govcmm=W special assessments for sideulk paving, wafer, sewer, or other itnprovensWs on or adj oiring the Property, and no pealing or Wnfirtned owners' association special asses:merits, except as follows'-- IVA• --- (Insert "Noce" or the iderrtificatioll of such msessmeats, if any.) Seller shall pay aft owners' association assessments and all governmental assessments confined through the time of ©osing, if any, and Buver shall toll- title subjca to all pending Assessments, if any, unless otherwise agreed as follows: Noryr, 5. PRORATIONS AND AWVSTMENTS: Unless otherwise provided the following ittvn shall be prorates and eitbur adjusted bctwoen Me parties or paid at Closicg: (a) Ad talozem taxes on zeal property stroll be prorated on a calendar year basis through the date of Closing (b) All late lisdng Penalties, if any, Shall be paid by Seller, (c) ,Rents, if any, for the PkcVem. shall be pro geed through the dear of Closing: (d) thynea' assooarion dots and other Iste charges sball be panted through the dat, of Closing Seiler reproserus that she regular owners' association daes, dany, arc S per N 4 6. CLOSING P 1s XNSES: Buyer shall be mWon d e for all coal with resp= to any loan obraincdby Buyer'. buy�cr shall pay for recording the deed and for pfeparation and recording of all insmmmcros regArcd m secure tie balance of the ptuchau: price unpaid at Closing- Stlkr shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this erg mere, and for cxc:isc tax (revenue stamps) required by law. u' Sdkr is to pay any of Buyer's expenses associated wire the purchase of the Property, the amount thereof shall be S ffA- including any FHA(VA lender and inspection costs that Buyer is not pe=dcd to tray, but excluding am pDhioa disapproved by Buyer's lender. 7. EVIDENCE OF TITLE: Seller agrees to use his best cffbrts to deliver to Buyer as soon as reasonably possible after the Effective Date of this convect, copies of all title infomtatim in possession of or available to Seller, including but not limited to: title insurance policies, attorney''s opinions on Lido, surveys, covt:nams, deeds, notes and deeds of tour and easements relating to the Property. Seller authorizes (1) any s lomey preserul) or previously representing Seller to release and disolosc any title imnuance policy in such uaomey's fee to Buyer and both Buyers and Seller's ageata and attorneys, and (r) the Property's bile insurer or its agent to teleasc rod disclose all materials in the Property's title insurer's (of title insurers agent's) file to Buyer and boob Buyer's and Seller's agents and anornevs. B. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnificatioD agreement in form satisfacmry to Buyer showing that 4 labor and materials. if any, famished to the Property within 120 days prior to 1M date of Morin have been paid for and agreeing to :ibemnify Buyer against all loss from am' aerie or claim arising the±efrom Agri / se p- 9. CLOSING: Closing shall be defined as the data and thme of recording of the deed. Ad;?Kcs e c to execute any and all dDm=n s and papers neeeasay in connection with Closing and transfer' of title on or before .' > . 2ot7 3 - at a place designated by Buyer. Tha deal is w be made m 7rh o rn a i5 NEA s &n MQ 7Sl0N IS OTHERU7Elf MADE IN WRITING, SD.POSSISSION: Unless otherveige provided herein possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be dove before possession is delivered. Page 2 of 4 STANDARD FORM 12-T (J 7/2002 Buyer ni�",+SrIlen Initials __—___ �. �1 Fv RK iTTMW I1r 11Ylif.iV,Kn Myq,ny, rjynl'W."M•M,n�Kn 6YF(, MlfpnM.piif 766940?7.zTx 11. SEWER SYSTEM (check ore) ONE): C] Buyer has investigated the costs and expenses to install the scuer syr.em approved by the I mpmvemem Permit attached hereto us Exhibit A and hereby approves and accepts said Impawerneri Perruit. D Buyer aamowledg<s x ceipl of the irupmvtmrcnl Permit attached hereto as Exhibit A Seller repzxnts that the syslcm has been iusWled, winch repmsemation survives Closing: but makes no further rcprozmticns as 10 its condition. 'Ms contract 1s Comin9M upon Buyer obtaining an Improvement Pcmut from the County Healib D"Amed ("Con -ay') for a (check Ohl) ONE) ❑ oonventional or C] other f Vftground ahsotgimt sewage systcm f'or n �room bedbomc. All costs aed expenses of abtainiag such Pemiit sball be home —In' Buyer, except Seller shall be respertsibhs for clearing that Portion of the Property required by the County to perform ks Awns andlor impcclions no later than 1u3 y1_ . Buver skell eve Buyer's best of bns m obtain snob Permit. If the ground absorptim sewage system is not permitted Btry¢r may termiaatc this mntract and the Ezrucn Money peposi shall htr n:funded to Buyer. Ewer shall have rmtil --r4t ,Wneberng eJBrc essence m providt wrens nntim to Sellerlhat this exnaditior, cannot'lx satisfitd, olhtrwisc the condition is deemed satisfied 12.5011., WATlrR, UTIMIES A_VD ENVIRONMY1 NTAL CON'1TNGENCYt This ,-,omract is Contingent upon Buver obtaining report(s) that (i) the soil is swuhle for Buyer's Intended Use, (it) utilities and water are available 10 the Property_ (ui) there is no em•immwidal contamtuatiou, taw, colt or regulation then prohibits, mstticts or limits Buyer's lxci&A Ilse, and (iv) there is no flood barsrd that prohibit& restricts or limits Buyer's Intended Ube (collectively the "Roporier). All costa and expenses of obtaining the ,Reports shall be borm by Buyer. Buyer shall use Bwefs best efforts le obtain such Reports If the Reports eamm be obnained. Buyer may terminate this oontraot and the pa nest Money Deposit A& be r..fituded to Buyer. Buyer vial have until IVA , time being ofOte essence, to Imvide written notice to 'Seller That this condition cannot'be satisfied, otherwise qr conditon is deemed satisfied. 13. RIGHT OF E'NTR'Y, RLSTORATION AND MDEMhTry: Buyer and Soya's agents and connectors shall have the right to eder upon the Property for the propose of appraising the PropoM-, and perfrmnmg the tests and imy ctions permitted in Sections 12 and 13 of this contract. If Buyer terrain= this contract as provided bt cin, Bayer shall, at Bnyct's expcsrsc, re -tom the Property to substantial y iu pre-entj condition tvitbzu thirty daps of contract termination Butter u-1 lrufenmify and hold Seller ftarmicss from all loss, damage, claims. suits or costs, which shall Arise 0111 of any common, Pgresuiena, or injury to any puts, n or property as a result of a,v eetrniiee of Buver and Buyer's abormlato and contractors (ing the Pmpcny. Tbis inds`mnity $134 stm ive this contract and am' per awtion hereof. Notwithstavdino the foregoing. Seller shall be ttsponsltle for any loss, damage, claim, snit or cost arising out of preexisting conditions of the Propam tm&Or out of Seller's aegllgence ar willfd acts or umiS60 ts. 14.OTHER PROVISIONS AN'D CONDITIONS. (rtEh I ALL ADDIMA TO MS CG fN1TRA TA cAo�CH DERETO.) A. DFFcr t cn+l r-1C�m -+ vn 'Bu1 jtr bt f-w n i s�tvex -k p 1 -Fnr ct 3 t� 6,OfFp-V- cW1�hnc�r-r)+Cm F3t.u.jtVDb}Wn1n1 C14trt1� vetm1} house, prlortflGlosing. 15, RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing sb;W be upon Seller. 16. ASSIGNWIENTS; 714S coatrnct ay net be assigned without the written consent of all parties, but if ass*wd by agreement the tan Ibis centred shall be binding on rite assiV3n and his heirs and:uccessots. 1.1, p.s RTM-. Tnis contract shall be binding upon and shall inure tothe bameflil of ttu Patties, i.e., Buyer and Seller arul their hairs. successors and assigns. As used herein. words in the singular inciudc the plural and the masculine ineltxim the feraimme and neuter genders, as appropriate. Iq, SURVIVAlr. LF arty' pmvislon heaeat commnrd which by its mhmc and effW' is tequired to be observed kept or performed afir the Cursing it shall samvive the Closing and remain binding upon Unit forthe benefit of the pathrS her to mtil fwly obsetvrd kept or petforim d 19. ENTIRE AGREB•ti'IENT: Ttds contract costa its the entire sgteeatem of the parties and There are no representations. inducements or oiler provisions other than these expressed herein. All changes, a"tiom or deletions 11ereA0 must be in writing and signed by all parties. Nolhlug contained lrtreirl shalt alter any agreement berwern a nALTORC& or broker and Seller or Buyer as ivmaiued in any listing agreement, buyer agency agecmtn(_ or any other agency agreement between them Page 3 at• 4 STANDARD FORM 12 • T +u 7.P"2 Buren lei �eilerinitiala �— — - 1"[d:94tY71..LrX �,.� CllcrIkials Gi1Mi M:N Nry.i ffnwm TMnuN MAI,+n ARf.'lS 1M'N w'�r� nay uo w uc: sop �r u-ac r-cuni p.c 2a1. NOTICE AND EXECUTION: Any notice or conununication to be given io a party herelD nup be given to tlw Iwrt)or to such Pock's aganl This offer shall bcvomc a birm& ; comma (die "EfFective Date') w1wr aiogmd br botn Btryer and Seller and sorb signing is wmmunicawd to the offenug parh• This eoraraa is executed under seal in signal mulnplc originals, all of which together eonslamc ono and the same mstrnman, "b a signed original being retained b)each Patty and each REALTOPN? or broker hereto, and the psdieF adopt the word "SEAL" beside their sighetures below. Buyer arknowlcdZLN Laving made an oa-silt: perwuul es_aminatioo of the Property prior to the making of this offer. THE NORTH C.AROLIN_A ASSOCIATION OF RFALTORSQ9, INC. AND THE NORTH CA.ROLTNABAR ASSOCIATION MAU NO REPRESENfAnON AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPFCff-iC TRANSACTION, IF YOU DO NOT UNDERSTAND THIS FORM OR FELL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA RnAL ESTATE ATTORNEY BEFORE YOU SIG` 17. � Date: Bm el Dace:. Buyer Date: -oG- O3 (SEAL) Snllcr_ S �++....J __(SEAL) en- LLa e l I e— ice, nr n�Y Data (SEAL) Seller L*serou Agcat aeimowledges remipt of the earnest money and agrees to hold and disburse The $zinc in at=rdauce wiLh the tams hereol. HY: SpRing AS nUFitmPLoDt �-15Q �) Dm pStSrl Acting as Q Buy'ei s A/gennt �J Listing Agent/Finrm'Phoae 1JCt'{S DV�_d Acting as a Seller's (sub)Agem -- (Signatnn:) Seller's (tub)Agent 5kD at Agent Page 3 of 4 STANDARD FO11:M 72 • T «J 7h�1U2 RedYul vm SmFmm" by RE Fmnatx i.x �Kzti Fmn Mi"Rw2, Gnon twrahF Ad'aP"mDOj t&'t'%36' ' T6fi9lyj7!2la MR-05-2003 WD 01 !8 PM BEACH PROPERTIES 810 326 3544 P. 03 ADDrnONAL PROVISIONS ADDENDUM NOTE: All of One following provisions which are mated with an .r shall apply to the auucied Mer to Purchase and Corowi (-CMU a h). Thoee pmvis.ioas msdmd "N/A" d.0 $*I awy. 1. _ MA EXMRATION OF OFFHIC This offer" cxp gc wdots u=janor is &-livered to Buya or to _ _ , on or below �.� Qi AM on . or until wirhdmwa by Boyer, whichever occurs -first 2. AC_�_ 247TIMST HEARING TRUST ACCOUNT: Any darned tannin deposited by Dyer may be placed [a tfte intraart boadn prod aleonM of t►c Rocraw Agent Mauled iM tbt Contract Any iurereat wrncd dsereea shaft beluag eo the Iaavrr AgvA In cmadderatlm or tltt t Wafts imraed by maimcsialag stwh accoatd sad retards anociow tto � kb. 3. ,. NA SZWB.R SYSTEM -This Conrad is coWagm upon Buyer obtaining ao hapmvemsm Peradt from the County health Dcpmtrttem ("Comay") fora (check only ONE) Q conventional or ❑ otter grourdabsorytian aewage system fors bt6mom Lome. All east; andexpcnses of obtaining such Pmmil shall be borne by Buyer, except Seller shall be roeporniAle for do;tzivg " porioa of the Property nquirod by the (]ounj' to perform its tests atraor wpoctim Mo Isler game Buyer doll an Buyefs beat efforts to obcais such Permit. If the pound absorption sewage system is not petmntW, Buyer may torminow this Comma&- and the Eemest Money Deposit shall be refunded to Buyer. Buyer &-hall have Ora __ . d war boiop sjthe astrao. to provide writ" notice to Seller that tbi: mrdition cannot be eatisla d, ai c wis. tl� coadditioo is deemx! ;ab&5v& 4. tc FLOOD HAZARD BONE: Boya W bwn odviwd tlwt the Property is locAcd to an ores which the St cgoetary W HUD hm found to btmc spend flood b—P& sad dW it may be n=c9sory to pmeture Amd iaatrrarao to order to obtavt any 7aao secured by the Fmpony hoop arty ftderaW trpktvd instirtrdan or a loon imsated or guatan wd by an agency of the U.S. Govemmem. g, R APPRAISAL wrM MTNANCMC CONTBYGENCV: TLe Property moat aigsaim at n value egmd to or acceding the purchase price o4 at she opaau of Buyer, this CosaaK soy be ¢milnaeod aid 0 carnal mosbcs shall be tdmodod to Buyer. The coat at tare appraisal shell be bum by Buyer APPkkmLL wrmoUT FMANCBrG CONTDVGENCY: This Cavngct is ass old* x to a finnncing comiagancy, rwpurung sa nppmisai. Buyer shall =zw to bane the opprslcnl camplamd no Lauer than midni& of . The PtopeAy now appals; at a value equal to or excoediug the p:rchaoe paw or, at the option of Bgyc, this Cottba ct May be lemiaerod and all congesst monies sball be ref nniod to Brayer. 7he cost of the appraisal shall beborra+by Bayer. 7, 61 ti CLOSING OF EXISTING CONTRACT CON'IINCENCY: This Cona;tcl is cotaingaa upon closing of au existiuZ conaw on Buyer's led ptept m located at: on or before Irlhie wtdinvocy i; cot removed on or before miduibM of Seller mqy, rermringac thin cormact andall earnest monies Null bt sdnmed to Byror. ?age I of 2 Ta' r "tat] a round b ra Orin; y ua h t, ). . te Ierr i4asol I �, STANDARD FORM 2AI I -T Nor a..Ib , CaroBa an of RZALTORS X= O 7/2oe2 Bym lmtia Ssibrbiods IWO, c M wow aria /art?Y. Tams, BpfGbY KC AWS apm,e�l10.7Aa.e]19 _F":91Pi22-3w....._.._Don, OmLw ^.....__.—.,.--. .. ....._..__.... �.... 23]721/tXY? T4K-ub LZ u!',u F'M NEACN PROPERTIES 81G 326 3544 P. 04 8..�p RtNTALRNC0NX4N V jjMNT PROPLhRTY: The h1peny is subject to aaisiigg leasrs mrWor dgtes of tonams m Poasessian uttzr month%m-tnowh lenaac qa Se11er stems to "var to Buyor an of before buc mW ConWkU Oopirs of 311 ctdgwg teats, PWW apeemcrdt, outstnuhng taruat mtiees, written staterrttads of an etal lc+utnl atrrnerneaea, AatJtipeln of all lUam'a dcPmdM ➢l"MA defaalp by Sclkr oy Lrjna%, nod elw= made by of to te»nnes, Q any. This Colemd is Owl*" apoa Buydt appwsl of amid docwn vAs. Buys [ball Le doanood to bvc Apptovad AAid dorumems 1tAless wnona naliee a for wAt-M) is 4divemd W Seller or SoUces agF whWa acoea (I) dnys of Je 00 of wtac. If Btlya does not 2PPmvc said doetmmta and delivom wriv," battioe of wj¢rion wid" the txroan day Peno4 this Cmdtact shall be ttrmituled and All &MOM motaca SW be rmwd to BWm NOTE DO NOT USE THIS PROVISAN FOR PROPERTY SU8IFCT TD THE N(R(7H C_4ROLAIA VACATTCl7N RENTAL ACT. A VACA77UN RENTAL ADDENDUM SHOULD BE USED Or SUCH CASE$. 9. lyA COST OF MAIR CONMGENCY: If tmwasblo estimate of me lout Cott of lcpaia ruluued by p+asapb 12(b) sad Pw29010 12(c) of tho Offer to Pwchnsaamd ConbW aqua(: or oxokds S Btryer Moll Lava the option to &mains this ebutma and all tamest monies AmU be rammed to Bayer. IN THE EVENT OF A CONFLICT WMVEEN THIS ADDENDUM AND 7HE OPFER TO pURCHASE AND CONTRACT, T MS ADDENDUM SHALL CONTROL. TkW NaT H CAROLLNA ASSOlIAT1ON OF REALlop SV, INC. AND THE NORTH CAROLWA BAR ASSOCIATION MAKE NO REPRFSENTATIC¢N AS TD T.IM LEGAL VALIDITY ok ADEQUACY tom' ANY PROVISION OF THIS FORM IN ANY SPECVIC 7RANSACTI0N. IF YOU DO NOT UNDERSTAND THIS MW OR FEEL THAT TT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YCU SHOULD CONSULT A NMT i COROLVA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. uuyer _ (SEAL) seals., .t. ems+— �°- ram✓ (SEAL) 8>:d- 1� v Q. m*m*r &-her. Page 2 of 2 Datc: m DateMasels 61 2003 (SEAL) Dote: STANDARD M)LV12A11 . T' C 7l20n2 MMMNJ+IFZV(gmw WllE FbiryMK YL lO21 YYY� W Rg W-t OM W]bMIDS 1-3772IRbZFX MR-Os-2003 WED 07:17 N Rpm PROPERiIE 810 328 3544 ` V P. 01 DUALAGtNCYADDENDUM This DUAL AGENCY ADDENDUM Mmby rovdiLeS the auaeMd: (Jnerruerjam. Injeja 4pptcn6Ja err rmnrrl NCAR Fenn A101 (F_trelueivo Righo to Sall Litaiac Agyeemeot) dated b.Mb 6 2oo3, NCAR Form A201 (Exclusive Aay3i to ltegrescaa Boyer) dared -- NCAR Fwm 41203 (Agency DiecLtmrt S NoneUlutrve Buyer Agency Ag =111) dated-- eatplayrng Arrah A a of It rMI004 0 roafter rnlcrrad a as 'Bmkcr^) Thu term " s1uU sotrtiitues hctclmdilcr ittaudc B Dsd ilS mdividua) sales essot:iues, as the sense =quires. The pamnial for Duel Agarmy arises if a Buyer who has an ageM ttlatiaesldp with the Broke bacorati iasmnsted in viewing a property listed with the Broker. A Bralm may rcprearatt torte than orte party in the nroe it"!bcden only with lle ►mowlcdge and informal t onscm of all parties for wbam the BroLxt pas. 1. OVAL AGENCY: tr is agttod tkwt Broker, artist by mtd 11hroagh its indmidnal satins associates, mq stave as bah SeilrYe Altm and Buyer's Agent in the mpmsexaration of Shcer's p=praty to Boyer should einermstattcrs etaatimg Dual Agency arise. In Lyn evam Broker serves as a Dual Agart, the parries agree the wianwt perotistiou from the pony about whom the arrfonaation pettiiio�. Bmkar sW mt disclose to the other party Qte following 6fott®ti on: (a) tka a Vary may agree to a price, Icarus, or any ocniditiom of side other limn thoac offered: (b) the motivation of a party fior tagagtno in the tnvAwtieat unless discloa is is otherwivo required by aramte m isle; =6 (e) atq' infornation about a party trlrich that party has Wmdbed as eonfuietmal xmlrst disctesure it otherwise requited by twine or rate- 2. BROI{IIN'S DUAL AGINT ROM, if Broker SMW as Agent for bath Selkx aad Buyer in a trawac6oq amkar shall make curs) reasonable efibil to nVocseal Seller and Buyer in a boisomd rind fair =norm. Brohzf sb*l also xmk c ovary reasoeabat eMDtt to cwovsW ate effem wmmnmicalion and mpbmtoa between Segerasd Buyer. Seller andlor Buyer undaanand and s0cnow.fhogo tior: (a) Prior to the time Dual Army ocaro sorter win as as ape [zdaa*vc Agr:m of 5tlacr armor Hager, (b) to those separate solos raker rosy e6tam adormation wpiclti u disWo¢d mate lmann rho hared tru g position o1 Ina party provididg suer information to Broker, (c) Broker is required by law to disclose to Buyer and Seger any krtiwn or reaswabb, as +� maualal faces SeDerarrdlor Bayer ttgrre arokrr skaL not be hbblo to wither psity for (1) diacMsov materiel facts nequiaed by !rev to be disclosed; and (1) mf bX or Wag to merdmc whw mkrmcf,oa the law does not mqui¢ to lrc disclosed wltich could barn or compromise one panyti bargaining posibm but could bonds[ the othcrpvty. 3. SELLER'S AND IWVU'S ROLE& Should Biel=beemw a Dual AgmL SrBcrand/orBuyer ub3ea#a.1d and ximowledg^ that, (a) They have the wpomb&ty of reekizrg their own deci acas as to what tarots taro to be itrdudcd m ate ptr=Io6;e and sale a�ccmem between them: (b) They' ate filly aware of and waderstand the inWheadord and cxximimecrx orBrokar's dual opmy role w oAmmsard trtoia to prvvsde belaviced and fair roprciottlation of Sailor and Boyar ate to ewoutage and effort communieMion bgwesn them rather than as an ad ww,, or exclusive egnm or repaosertbrive; (e) 'Tky have dewmaned ihaa the benefits of eatariug into this Dual Apacy telabonsidp with Broker, string as Agcm for aham both, outweigh any 4psadvtmtigca m adverse cororspavroe; (d) They may aeok hrdeperdear Ivpl counsel to assist them with the zeZatindon and preparation of a puwbasc and sale agreement or with am lttldtor tclatiry to 1pe txmsaclian which is the subject matter of a pwdtaw and sale agtc tn- Page I of North Carolina Awucbdan of EEALTOR9E, btt. 2 STAN (YARD FORM 9111 0. Wy,'W �^' 1/2001 aesu, Av w"at rw..a wl. , lap Fe Am 414k r 3M N. Wes', nwYCeq' NO 79443 Tlm+:970•sxr-0tW A.><: •11a33tdiW ,.O+at,r PWraa.w,rioFwr�Maa r.,�iiee.Ue wasr4a., worhw.earv,t,�.M. rd,�rme.r�lrm.esm TST7t1a52FX MAK--Ob-200' WED 01:18 PM BEACH PROPPTIES 910 328 3E44 VV P. 02 r•� SEW uWan Boyer uZ= to irarnmify aid hold bmkon hamti= Maiaat all daims, damages, losses, expenses or liabilitiM alix-r than vwbuces of the Nam* Catvkim Real Estate Lioeosc Law and imontica al woughd acts, asislgg from Broker's role;* a bust Agctri Seller rod Baytr adull love a dray to pookot dteu own ialeresss mod shoµld sped this astotmom Dad aqv p r;base told &We apoccorm cwcfii b to endure that rhry socwmtely sat laid the rears whirb tbty wam ire:kdod in said svemman. 4. VIMGNATEB AGENT OPTION (idtial an)) V appllcabl): Buyer hereby aad�orius tic Btnku (Firm) to dowpaate an agent(s) to rep twm the Buyer, to the eac8asien of auy otbcr limMeas associated with do Bmkm The age*;) Goat! not be 60 maigteVA and silt not nndcgake to roprrscar only tic iosercets of tie Buyer if tie ate*$) lad utwDy screwed eatdldenual isdarounum oonceming ibc Stitt in coonecwv with ate Isancic con. The 4mg dod a"($) stet) wwwrnt Daly tie iftr sts of tie Buyer to the o <mw pcnaitled by Law. SOW hueby audrorux;s Or Brobar (Inner) to desivale an agcad(d) to repm=1 tlse Sober, It, the exclusion of any other lwensxs assodaled with dr Broker. Tltc agont(s) gal not be so d&ighztcd and O aB not uudarr%r to mpmvm only the uums s of d1c Setter if dm asev; a) has aaeAly mccoivad cordidcntW infonmanon concerning the Byer in coercion with the nunmettoa The dt igmeed aged(a) Ault raprmaem only dto imertsta ucdr Sere: to thn taycm penaieed by law. THIS IS yNTE 0M TO BE A LEGALLY BOWING DUAL AGEa4CY ADMNN'DUhd THAT MAY ULTIMATELY RESTRICT YOUR LEGAL RIGHTS OR RMdS?IFS WYM DO NOT UMMSTAND IMS ADDI2,=M OR FEEL THAT IT DOES NOT FROVMB FOR YOUR LEGAL NEEM YOU SHOULD CONSULT ANAT PMMYBI 7C*tE YOU SIGN IT. Boyer wSelar and lirwker each hereby &rkzwwhdp3 ssudpt of a algauf Copy of tbla DaaT Apaaty Addoadum. THE NORTH CAR"A ASSOCIATION OF REALIORSB, INC. MAKES NO RBMRE86NTATM AS TO THE LEGAL VALEDM UR ADEQU 1Y OF ANY MOVISION OF TUG PCRM IN ANY SP1 CIM TRANSACp7' OK -rIN�e�sCn Dnic Seller Yndaile F. six r Darn buyer t4iler Date ��Q•{,r t 1'?]r7 �t„�, y_,�,•1'�C.. 3/S��S a.,.� h emwrr+An of rMgaII;_yala 03/0612D03 $oD1 r (Fi L•1_ Dace Bra6u (Fitts) Dtdc 03106/2003 b - Assoeiale Date By: Saws Arsadate Dau Oozia Wt:1ar Faltc 2 of 2 STANDARD FORM."I - U' 712"2 yU is nmi.aNtimrtfwm�war r«n�rart LW 44 ranrr AN , DaneVWOO,. WWII 4M. Wr=nM