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HomeMy WebLinkAbout22-21 MSL Property and Development LLC >>0000000000000000:0000000070>000000000C 000000000000000007000>0000000070000C 000570 C 000000000700000000>C000000000000:00:0000>0000000000000OC 0000000000000000000000000>700C 000074 000 Permit Class Permit Number TRANSFER 22-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 1crmtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to MSL Property and Development,LLC.,DJM-NC LLC,Andrew Smith&Elizabeth Lennon,2010 Deep Creek Run Wilmington,NC 28411 Authorizing development in New Hanover County at adj. to the AIWW, at Deep Creek Run, in Wilmington , as requested in the permittee's letter dated 8/30/2023 This permit, issued on October 24, 2023 , is subject to compliance with the application (where consistent with the permit),all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This Transfer must be attached to copies of the following permit documents, which includes all application forms and workplan drawings: a. The New Permit 22-21 issued on 2/25/21; b. Major Modification issued on 10/28/21 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. In accepting this transfer, the new permittee agrees that all conditions and stipulations of the active permit remain in force. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered r raxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2024 In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee MSL Property and Development,LLC,Emmett Aldredge Jr.,Elizabeth Lennon Permit No. 22-21 Page 2 of 2 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action Id: SAW-2020- 01853. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2016-0492v4 NOTE: A transfer application processing fee of$100 was received by DCM for this project. f. Permit Class Permit Number MODIFICATION/MAJOR 22-21 STATE OF NORTH CAROLINA Department of Environmental Quality and • Coastal Resources Commission 1crmit • for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Dellaine Risley,DJM-NC LLC.,Andrew Smith&Elizabeth Lennon,2010 Deep Creek Run,Wilmington,NC 28411 Authorizing development in New Hanover County adj to the AIWW, at 2010,2016,2020,2028 Depp Creek Run, in Wilmington ,as requested in the permittee's application dated 6/18/21, including attached workplan drawing(5), Sheets 1 of 5 of 5 all dated 6/18/21. This permit, issued on October 28,2021 , is subject to compliance with the application(where consistent with the permit),all applicable regulations,special conditions and notes set forth below.Any violation of these terms may be subject to fines, imprisonment or civil action;or may cause the permit to be null and void. Excavation Expansion 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal • Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed-5 feet within the basin, -5 feet within the channel bound by Coastal Wetlands and -6 feet within the remaining channel,all below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for additional conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management MI work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2024 • • In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee aoc_,,r4,,•a•w.ccc.._a-xa•avww 001000•0 10...0..000000000 A Dellaine Risley,DJM-NC LLC.,Andrew Smith and Elizabeth Lennon Permit No. 22-21 Page 2 of 2 ADDITIONAL CONDITIONS 4) No excavation shall take place within 5 feet of any Coastal Wetlands. USACE Conditions 5) Coastal wetlands adjacent to the landward portion (160 feet in length, 20 feet in width) of the access channel must be monitored on an annual basis for a period of three(3)years. This monitoring must include photographs of the wetlands bordering the channel to document the stability of these wetlands (whether sloughing due to dredging has occurred). A short report with a brief narrative describing the conditions above and including the photographs must also be submitted annually for the three(3)year period. The reports can be emailed to Greg Curry at gregorv.e.curry@usace.armv.mil. 6) Prior to transporting spoil material to the Northeast New Hanover Conservancy Site for disposal, the applicant must get a"Consent to Cross"easement(For the Navigation Channel)from the Corps of Engineers. Provide a written request and a map showing the disposal site and the crossing location to Justin Amette at Justin.R.Arnette@usace.army.mil. General 7) This permit shall not be assigned,transferred,sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 9) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location: 10) This Major Modification shall be attached to Permit No. 22-21, which was issued to the permittee on 2/25/21,as well as all subsequent modifications,refinements, and renewals,and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 11) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id.No. SAW- 2020-01853. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2016-0492 v4. NOTE: An application processing fee of$250 was received by DCM for this project. 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) NA Deep Creek Maintenance Dredging Modificaton Applicant 1: First Name MI Last Name Dellaine n/a Risley Applicant 2: First Name MI Last Name • Dan n/a Smith Applicant 3: First Name MI Last Name Elizabeth n/a Lennon Applicant 4: First Name MI Last Name Andrew n/a Smith Mailing Address • PO Box City State 2010 Deep Creek Run n/a Wilmington NC ZIP Country Phone No. FAX No. 28411 USA 910-443-0354 NA Street Address(if different from above) City State ZIP NA Email djrisley@.gmail.com, dan(o)shp2.com, bethlennon@mac.com , andrew@smithtahoe.com 2. Agent/Contractor Information Business Name Land Management Group Agent/Contractor 1: First Name MI Last Name Greg n/a Finch Agent/Contractor 2: First Name MI Last Name Andy n/a Dortch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910-452-0001 ext.n/a n/a ext.n/a FAX No. Contractor# 910-452-0060 n/a Street Address(if different from above) City State ZIP NA Email RE 'EWED gfinch imgroup.net adortch(a�lmgroup.net Application for a Major Modification to CAMA Permit 22-21—June 2021 OCT 2 1 2021 2010,2016,2020 and 2028 Deep Creek Run Wilmington, New Hanover County,North Carolina MP SECTI® MHD 3. Project Location County(can be multiple) Street Address State Rd M New Hanover 2010,2016,2020 and 2028 Deep Creek Run n/a Subdivision Name City ' State Zip n/a Wilmington NC 28411 Phone No. Lot No.(s) (if many,attach additional page with list) n/a NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AIWW c. Is the water body identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site. ONatural ®Manmade DUnknown AIWW a. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed NYes ONo work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 486'within basin @ NHW 9.62+/- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or 3.72 ac,0.47 ac, 1.65ac, 3.78 ac NWL(nonnal water levet) (If many lot sizes,please attach additional page with a list) 0'-26' ®NHW or❑NWL e. Vegetation on tract Shrubs,trees and lawn grasses. f. Man-made features and uses now on tract Residential homes,bulkhead,rip rap and docking facilities. g. Identify and describe the existing land uses pdiacent to the proposed project site. Residential homes and docking facilities; Mason Harbour Yacht Club. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R20 (Attach zoning compliance certificate,if applicable) ®Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes No DNA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ['Yes No DNA Register listed or eligible property? RECEIVED RECEIVED JUG ( fi Application for a Major Modification to CAMA Permit 22-21-June 2021 J UL 14 2021 2010,2016,2020 and 2028 Deep Creek Run DCM WILMIfGTON, NC Wilmington,New Hanover County,North Carolina tit kii-MHD CITY m. (i) Are there wetlands on the site? ®Yes ❑No (ii)Are there coastal wetlands on the site? ®Yes ONo (iii)If yes to either(i)or(ii)above,has a delineation been conducted? ❑Yes No (Attach documentation.if available)NO UPLAND DEVELOPMENT PROPOSED. n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. None 5.Activities and Impacts a. Will the project be for commercial,public,or private use? ❑Commercial ❑Public/Government ®PrivatelCommunity b. Give a brief description of purpose,use,and daily operations of the project when complete. The applicants propose to conduct maintenance dredging within the existing access channel out to the AIWW navigation channel. c. Describe the proposed construction methodology,types of construction equipment to be used during construction,the number of each type of equipment and where it is to be stored. Bucket-to-barge dredging is proposed for the current maintenance event.Equipment will be stored on site,if needed.Hydraulic dredging may be used for future maintenance events if an approved spoil location can be identified. d. List all development activities you propose. Maintenance dredging within permitted and historically maintained channel. No upland development is proposed. e. Are the proposed activities maintenance of an existing project,new work,or both? Matinenance f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or®Acres g. Will the proposed project encroach on any public easement,public accessway or other area ❑Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. Will wastewater or stortnwatar be discharged into a wetland?-No new discharges ['Yes No DNA If yes,wit this discharged water be of the same salinity as the receiving water? Dyes :No ®NA j. Is there any mitigation proposed? ❑Yes No DNA If yes,attach a mitigation proposal. RECEIVED RECEIVED Application for a Major Modification to CAMA Permit 22-21—June 2021 JUL 14 2021 2010,2016,2020 and 2028 Deep Creek Run JUN Wilmington,New Hanover County,North Carolina [)CM-MHD CITY 4 DCM WILMINGTON, NC 6. Additional Information In addition to this completed application form, (MP-1)the following items below, if applicable, must be submitted in order for the application package to be complete. Items(a)—(I)are always applicable to any major development application, Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative.b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Name Witham and Karen Allison Phone No. NA Address 1970 Deep Creek Run,Wiknington,NC 28411 Name Mason Harbour Boatslip COA, Inc. Phone No. NA Address 7439 Nautica Yacht Club Drive,Wilmington,NC 28411 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract Include permit numbers. permittee,and issuing dates. Major Permit 22-21,Risley Aldridge Lennon,2/25/2021;#139-76, Johnson;#107-98.Johnson;June 12,2003 Modification to#107-98, Johnson. GP 650089-0,Avery Bates, 1/21/15. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation,if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas (Must be signed by property owner) k. A statement of compliance with the N.C.Environmental Policy Act(N C.G.S 113A 1-10),if necessary If the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date:6/18/2021 Print Name: Andy Dortch,Agent,Land Management Group Signature JUL 14 Please indicate application attachments pertaining to your proposed project. DCM-MHCD CITY EIDCM MP 2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts []DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED Application for a Major Modification to CAMA Permit 22-21—June 2021 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington,New Hanover County, North Carolina DCM WILM 4GTON, NC 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 1Access Channel Docking Boat Boat I Rock Other(excluding (NLW or NWL) . Facility Basin Ramp Breakwater shoreline stabilization) Length 350'; 160' Width 30'; 20' Avg. Existing -2 MLW, -1 MLW NA Depth Final Project -6 MLW; -5 MLW NA Depth 1. EXCAVATION O This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards Sand Access Channel--2,350 c. (i) Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW),submerged aquatic vegetation(SAV),shell bottom(SB),or None other wetlands (WL)? It any boxes are checked, provide the number of square feet affected ❑CW ❑SAV ❑SB OWL ®None (ii)Describe the purpose of the excavation in these areas. NA 2. DISPOSAL OF EXCAVATED MATERIAL D This section not applicable a. Location of disposal area. b. Dimensions of disposal area. DA 228,outside USACE ROW adjacent to existing dike. See 200' x 100', upland portions adjacent to DA 228 and existing Appendix C. dike. See Appendix C. c (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes No DNA ®Yes ❑No DNA (ii)If no,attach a letter granting permission from the owner (ii)If yes,where? See Appendix C. Same location. e. (i)Does the disposal area include any coastal wetlands/marsh f. (i)Does the disposal include any area in the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), Oyes No DNA or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected (ii)If yes,how much water area is affected? ❑CW ❑SAV ❑SB OWL ®None (ii)Describe the purpose of disposal in these areas. RECEIVED NA. JUL 14 2021 RECEIVED DCM-MHL) CITY Application for a Major Modification to CAMA Permit 22-21—June 2021 J U N 7Vni . 2010,2016,2020 and 2028 Deep Creek Run Wilmington,New Hanover County,North Carolina DCN¢WILMINGTON, NC 3. SHORELINE STABILIZATION ®This section not applicable) (If development is a wood groin, use MP-4—Structures) a. Type of shoreline stabilization b. Length: ['Bulkhead ❑Riprap ❑Breakwater/Sill ['Other. Width c. Average distance waterward of NHW or NVJL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? DYes No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation(SAV),shell bottom(S8),or other wetlands(WL)? If any boxes are checked, provide the number (ii)Amount of material to be placed in the water of square feet affected (iii)Dimensions of fill area ❑GW DSAV ❑SB (iv)Purpose of fill OWL ®None (ii)Describe the purpose of the fill in these areas. NA 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g , dragline. controlled? backhoe.or hydraulic dredge)? No land disturbing activities at the project site. Dredge spoil will be Typical dock construction and bucket to barge equipment,backhoe, placed along and adjacent to the existing diked disposal area excavator.barge and bobcat/bulldozer. outside the USAGE ROW on DA 248 See Appendix C c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project DYes ®No DNA site? DYes No DNA (ii)If yes,explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts NA Date 6/18/2021 Project Name Deep Creek Maintenance Dredging Applicant Name (j 9 Risley, Smith and Lennon Applicant Signature At.iy Divaei Andy Dortch,Agent, Land Management Group RECEIVED Application for a Major Modification to CAMA Permit 22-21—June 2021 2010, 2016,2020 and 2028 Deep Creek Run .1t1NJ 1 4 iP Wilmington,New Hanover County,North Carolina 7 DCM WILMINGTON, NC Permit Class Permit Number . NEW 22-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 1ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-1 18 X Excavation and/or filling pursuant to NCGS 113-229 k Issued to Dellaine Risky, Emmett Aldredge Jr, Elizabeth Lennon,2010 Deep Creek Run Wilmington,NC 28411 Authorizing development in New Hanover County at adj. to the AI W W,at Deep Creek Run, in Wilmington , as requested in the permittee's application dated 8/28/20, including attached workplan drawings(12), Sheets 1-11 of 11 dated 8/21/20,and Disposal Map I of 1 revised 12/11/19. This permit, issued on February 25, 2021 , is subject to compliance with the application (where consistent with the permit),all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) No excavation shall take place outside of the area indicated on the workplan drawings. 2) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. / Any maintenance work or project modification not covered For Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its con itions are,hereby accepted. December 31,2024 In issuing this permit,the State of North Carolina agrees that i A your project is consistent with the North Carolina Coastal „“4 04fi Management Program. o � '/ 'ignature of Permittee ww. - Dellaine Risley,Emmett Aldredge Jr,Elizabeth Lennon Permit No.22-21 ` Page 2 of 3 ADDITIONAL CONDITIONS 5) No excavation shall take place within 10 feet of any Coastal Wetlands. 6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, Iubricants,hydraulic fluids,or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the National Response Center at(800)424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Spoil Disposal 7) No spoil material shall be placed within 30 feet of the normal high water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 9) The diked disposal area shall be constructed a sufficient distance from the normal high water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or spoil deposition into surrounding wetlands or waters. 10) The spoil disposal area shall be inspected and approved by a representative or the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two (2)weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location,design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE/FEDERAL CONDITIONS 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus,the applicant must implement the U.S. Fish& Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. General 13) This permit shall not be assigned, transferred, sold,or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. Dellaine Risley,Emmett Aldredge Jr,Elizabeth Lennon Permit No. 22-21 ' Page 3 of 3 ADDITIONAL CONDITIONS 14) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required including but not limited to any and all authorizations from the United States Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2016-0492v3. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at(910) 796-7215 prior to the commencement of any such activity for this determination.The permittee is further advised that many non-water " dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of$400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water • Resources. • • • 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/08) ��.. North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) NA Deep Creek Maintenance Dredging Applicant 1: First Name MI Last Name Dellaine n/a Risley Applicant 2: First Name MI Last Name Emmett n/a Aidredge,Jr. Applicant 3: First Name MI Last Name Elizabeth n/a Lennon Mailing Address PO Box City State 2010 Deep Creek Run n/a Wilmington NC ZIP Country Phone Na FAX No. 28411 USA 910-443-0354 NA Street Address 0/different from above) City State ZIP NA Email jiirisiev@gmail.com,Emmett.aidretarc3gases.com,bethlennongamac.com 2. Agent/Contractor Information Business Name Land Management Group Agent!Contractor 1: First Name MI Last Name Greg n/a Finch Agent/Contractor 2: First Name MI Last Name Andy n/a Dortch Mailing Address PO Box City State 3805 Wrightsville Avenue,Suite 15 n/a Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext n/a n/a ext.n/a FAX No. Contractor I 910-452-0060 n/a Street Address("dam from above) City State ZIP NA Email ofinchwtmarouo.net adortchlilmgrouo.net RECEIVED Application for a CAMA Major Permit—August 2020 DCM WILMINGTON, NC 2010,2016,2020 and 2028 Deep Creek Run Wilmington,New Hanover County,North Carolina AUG 2 8 2021 3. ProJect.Location County(can be multiple) Street Address State Rd.It New Hanover 2010,2016,2020 and 2028 Deep Creek Run n/a Subdivision Name City State Zip n/a Wilmington NC 28411 Phone No. Lot No.(s) (if many,attach additional page with list) n/a , NA a. in which NC river basin Is the project located? b. Name of body of water nearest to proposed project White Oak A1WW c. Is the water body Identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning Jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed ®Yes END work falls within. New Hanover County 4, Site Description.. . , a, Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 486'within basin @ NHW 9.62+/- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or 3.72 ac,0.47 ac,1.65ac,3.78 ac NWL(normal water level) (If many lot sizes,please attach additional page with a list) 0'-26' ®NHW or❑NWL e. Vegetation on tract Shrubs,trees and lawn grasses. f. Man-made features and uses now on tract Residential homes,bulkhead,rip rap and docking facilities. • g. Identify and describe the existing land uses adlacent to the proposed project site. Residential homes and docking facilities;Mason Harbour Yacht Club. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? R20 (Attach zoning compliance certificate,if applicable) ®Yes ❑No DNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ['Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. DYes No DNA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes NNo DNA Register listed or eligible property? RFCFIVED Application for a CAMA Major Permit—August 2020 DCM WILMiNGTON, NC 2010,2016,2020 and 2028 Deep Creek Run Wilmington,New Hanover County,North Carolina AUG 2 8 101 m. (i) Are there wetlands on the site? ®Yes ❑No (ii)Are there coastal wetlands on the site? ®Yes ❑No (ii)If yes to either(I)or(ii)above,has a delineation been conducted? ❑Yes No (Attach documentation,if available)NO UPLAND DEVELOPMENT PROPOSED. n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. None 5.Activities andTW n hots a. Will the project be for commercial,public,cr private use? - - ❑Commercial ❑Public/Govemment ®PrivatefCommunity b. Give a brief description of purpose,use,and daily operations of the project when complete. The applicants propose to conduct maintenance dredging within the existing basin and access channel out to the AlVWVand around the existing docking facility associated with 2010 Deep Creek Run. c. Describe the proposed construction methodology,types of construction equipment to be used during construction,the number of each type of equipment and where it is to be stored. Bucket-to-barge dredging is proposed for the current maintenance event Equipment will be stored'on site,If needed.Hydraulic dredging may be used for future maintenance events if an approved spoil location can be identified. d. List all development activities you propose. Maintenance dredging to -5 MLW associated with the basin and channel. Maintenance dredging to -2.5 MLW around the existing docking facility adjacent to the AIWN. No upland development is proposed. e. Are the proposed activities maintenance of an existing project,new work,or both? Both. f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq:Ft or®Acres g. VVill the proposed project encroach on any public easement,public accessway or other area EYes ®No DNA that the public has established use of? h. Describe location end type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland?-No new discharges ❑Yes No DNA If yes,will this discharged water be of the same salinity as the receiving water? [Wes ❑No ®NA j. Is there any mitigation proposed? ❑Yes No DNA If yes,attach a mitigation proposal.. RECEIVED SEP 2:1202G • Application for a CAMA Major Permit—August 2020 DCM WILMtNGTON, NC 2010,2016,2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina 4 6. Additional Information ' In addition to this completed application form, (MP-I)the following items below,if applicable,"Must be submitted in order for the application package to be complete. Items(a)—(f)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. - a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work,clearly indicate on maps,plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name William and Karen Allison Phone No.NA m Address 1970 Deep Creek Run,Wilmington,NC 28411 - Name Mason Harbour Boatslip COA,Inc. Phone No.NA Address 528 Works Farm Rd,Warsaw,NC 28398 Name Phone No. Address . g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers;permittee,and issuing dates. Permits prior to 2002 not found.2002 maintenance event permit not located. GP 650089-D,Avery Bates,1121115. h. Signed consultant or agent authorizatior form,if applicable. I. Wetland delineation,if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C.Environmental Policy Act(N.C.G.S.113A 1-10),if necessary. If the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7.Certification and Permission to Enter on'Land • I understand.that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant,and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date:8/28/2020 Print Name: �Greg Finch,Agent,Land Management Group Signature ���/M.f ./ Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts . ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information • • RECEIVED Application for a CAMA Major Permit—August 2020 DGM WILMINGTOPJ, NC 2010,2016,2020 and 2028 Deep Creek Run AUG2 8 q LL02� Wilmington,New Hanover County,North Carolina 5C 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Other(excluding Channel Docking Boat Boat Rock Rock shoreline (NLW or Facility Basin Ramp Groin Breakwater stabilization) NWL) Length 510' 51.5' 395' Width 10' 82' 24' (average) Avg. Existing -1 MLW -1 MLW -1' MLW NA NA Depth Final Project -5 MLW -Z 5r -5' MLW - NA NA Depth. MLW 1. EXCAVATION._ • - - ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand Access Channel:-596;Basin:-2,500;Docking Facility:-285 c. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW),submerged aquatic vegetation(SAV),shell bottom(SB),or None other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL NNone (ii)Describe the purpose of the excavation in these areas: NA .2. -DISPOSAL'.OF EXCAVATED MATERIAL - .' . . _ ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. DA 228,outside USACE ROW adjacent to existing dike.See 200'x 100', upland portions adjacent to DA 228 and existing Appendix C. dike.See Appendix C. c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? Dyes NNo DNA ®Yes ❑No DNA (ii)If no.attach a letter granting permission from the owner. (ii)If yes,where? See Appendix C. Same location. e- (i)Does the disposal area Include any coastal wetlands/marsh f. (I)Does the disposal Include any area In the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), Dyes ®No DNA or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (ii)If yes,how much water area is affected? ❑CW ❑SAV ❑SB ❑WL ®None (ii)Describe the purpose of disposal in these areas: NA. RECEIVED Application for a CAMA Major Permit—August 2020 DGM WILMINGTO NC 2010,2016,2020 and 2028 Deep Creek Run AUG 2 8 2020 Wilmington,New Hanover County,North Carolina 6 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin,use MP-4—Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ['Breakwater/Sill ❑Other. Width: c. Average distance waterward of NHW or NVVL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (I) Has there been shoreline erosion during preceding 12 months? ❑yes ❑No DNA (li)If yes,state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sitl Other i. Source of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable, (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes No DNA b. (i) Will fill material be plated in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or other (ii)Amount of material to be placed in the water wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (iii)Dimensions of fill area ❑CW DSAV ❑SB (iv)Purpose of fill OWL ®None (ii)Describe the purpose of the fill in these areas: NA 5. GENERAL a. How will excavated or fill material be kept on site and erasion b, What type of construction equipment will be used(e.g., dragline, controlled? backhoe,or hydraulic dredge)? No land disturbing activities at the project site.Dredge spoil will be Typical dock construction and bucket to barge equipment,backhoe, placed along and adjacent to the existing diked disposal area excavator,barge and bobcat/bulldozer. outside the USACE ROW on DA 248.See Appendix C. c. (i) Will navigational aids be required as a result of the project? d. (i) Wdi wetlands be crossed in transporting equipment to project ❑Yes No DNA site? DYes ®No DNA (li)If yes,explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA Daic 8/28/2020 • Project Name Deep Creek Maintenance Dredging ' • .lpplicant Name Risley,Aldredge and Lennon ���� ,RCCE1 Applicant Signature DOM WILMINGTON, NC � unClL� Greg Finch,Agent.Land Management Group AUG Z 8 MCI • Application for a CAM Major Permit—August 2020 2010,2016,2020 and 2028 Deep Creek Run Wilmington, New Hanover County,North Carolina 7 7 . ROY COOPER 4 b., ---0., Governor � � ELIZABETH S.BISER ' ,. .01 Secretary —am— BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM TO: Cameron Luck Assistant Major Permits Coordinator, Wilmington FROM: Tanya Pietila DCM Permit Support, ilmi on THRU: Tara MacPherson DCM,District Man g , Wilmington DATE: September 1,2023 SUBJECT: Major Permit Transfer Request:State Permit No. 22-21 Dellaine Risley,Emmett Aldredge Jr.,Elizabeth Lennon to MSL Property and Development, LLC.,Emmett Aldredge Jr.,Elizabeth Lennon (Action ID SAW-2020-01853) 2010 Deep Creek Run, Wilmington,New Hanover County MSL Property and Development, LLC. is requesting the transfer of State Permit No. 22-21. It was originally issued to Dellaine Risley, Emmett Aldredge Jr., and Elizabeth Lennon on February 25, 2021, for the maintenance excavation of a canal adjacent to Deep Creek Run Road. State Permit No. 22-21 has a Maintenance Clause and is set to expire December 31,2024. MSL Property and Development, LLC. acquired the property in August of 2023 and would like to utilize the Maintenance Clause if necessary. This Office has no objection to the transfer a of State Permit No.22-21.Justin Adam Slack has submitted a check(no. 2478) on behalf of MSL Property and Development, LLC. for the fee amount of$100. Enclosures cc: WiRO files USACE Holley Snider, DWR OD E ..,_ North Carolina Department of En, Quality I Division of Coastal Management Wilmington Office 1 127 CardInal Drive Extension I Wilmington,North Carolina 28405 �a.rr\ e" 910796.7215 .e I el q I 4b,-07 n-"7 dotioop signature verification:dtia.usr[rnMt-Mfni-hSoR Justin Adam Slack 1804 Register Lane Wilmington, NC 28411 Re: 2010 Deep Creek Run Wilmington, NC 28411 Permit Number 22-21 Transfer Request I, Justin Adam Slack, the sole member managing member of MSL Property and Development LLC, request to transfer Permit Number 22-21 State Of North Carolina Department Of Environmental Quality and Coastal Resources Commission Permit for Major Development in an Area of Environmental Concern Pursuant to NGCS 113A-118 & Excavation and/or filling pursuant to NCGS 113-229 from the previous owner Dellaine Risley (see attached permit). I, Justin Adam Slack, the transferee, will use the permit for the purposes for which it was issued, and that the applicant is proposing no substantial change or modification to the project as proposed in the approved drawings, and will adhere to all permit conditions. Please let me know if anything else is required to complete the permit transfer process. Thank you for your assistance in this matter. Sincerely, dJ j 08/30/132-47_ ?i t/_G le— 8Uoo2 verified 2:47 PM EDT 5CUC•MDVN.HTGT.00HU Justin Adam Slack Sole Managing Member MSL Property and Development LLC aonOOp signature verification:dro.us/f:nMt-Mfni-t5oR • . .. S,..-SK :•F-.S.V-}WOYY.i[6aM•-YA........ 4.134..i P...tu•.•,a)t e1n...}xrtv.-:.eo1•a}Yi}it....Xv. .%Ir}}M}••>, );-,,,,,,,...a ... }.>a r>i f...M+eiaV} Permit Class Permit Number `I r'` NEW 22-21 1 s STATE OF NORTH CAROLINA j i Department of Environmental Quality and OA/30/23 2:4 hM E. 1. iCoastal Resources Commission oaloop ve1fed ermit for X Major Development in an Area of Environmental Concern i pursuant to NCGS 1 13A-1 18 1 Excavation and/or filling pursuant to NCGS 113-229 f i Issued to Dellaine Risley,Emmett Aldredge Jr,Elizabeth Lennon,2010 Deep Creek Run Wilmington,NC 28411 Authorizing development in New Hanover County at adj.to the AIWW,at Deep Creek Run. in Wilmington ,as requested in the permittee's application dated 8/28/20, t # including attached workplan drawings(12).Sheets I-l I of 11 dated 8/21/20,and Disposal Map 1 of 1 revised 12/I 1/19. i This permit, issued on February 25,2021 , is subject to compliance with the application (where 1 • consistent with the permit).all applicable regulations,special conditions and notes set forth below.Any violation . of these terms may be subject to fines. imprisonment or civil action:or may cause the permit to be null and void. Excavation 1 4 1) No excavation shal l take place outside of the area indicated on the workplan drawings. a t ¢ 2) Excavation shall not exceed-5 feet below the normal low water level. In no case shall the depth of 1 excavation exceed the depth of connecting waters. 3 4 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated x wetlands is not authorized. 3 4) No excavated or till material shall he placed at any time in any vegetated wetlands or surrounding I waters. t (See attached sheets for Additional Conditions) This permit action may he appealed by the perm ittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of'the Coastal Resources Commission. 't i= i ) 1 This permit must be accessible on-site to Department f '� personnel when the project is inspected for compliance. i / / C i Any maintenance work or project modification not covered For Braxton C. Davis. Director i hereunder requires further Division approval. Division of Coastal Management Alf work must cease when the pemtit expires on z Q )i'this permit and its con[Mons air,hereby accepted. December 31,2024 r / �/, n r In issuing this permit.the State of Nonh Carolina agrees that / 11 your project is consistent with the North Carolina Coastal , ,A ll1J LL V # Management Program. c t 1 f 3 {Il 5/t rt`{I���y//� t!n ture of Pertnittec �Y/.!max//,YY-w/..rl•»O•Y......:�vY:N•}:��•:}Y�i-.Y.O:W.-}}}:NYA!•S.x-} }4R!iP:4K.(Fn' .'o-'.t-:,-`�.�:.. "ai•;.. }!wv. x+,�....•- '} do:loop signature veriftcarion:dtfp.usifmM•t-Vim h5oR Dellaine Risley,Emmett Aldredge Jr,Elizabeth Lennon Permit No.22-21 ' t Page 2 off33 ADDITIONAL CONDITIONS AS „3 dotloop verified 5) No excavation shall take place within 10 feet of any Coastal Wetlands. 6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids,or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the National Response Center at(800)424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Spoil Disposal 7) No spoil material shall be placed within 30 feet of the normal high water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 9) The diked disposal area shall be constructed a sufficient distance from the normal high water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or spoil deposition into surrounding wetlands or waters. 10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two(2)weeks in advance of any maintenance excavation work authorized by this permit,and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross-hatching indicating the area to be maintained,the area to be used for spoil disposal, and the estimated amount of material to be removed. The location,design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE/FEDERAL CONDITIONS 12) In order to further protect the endangered West Indian Manatee,Trichechus manatus,the applicant must implement the U.S.Fish&Wildlife Service's Guidelines,and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.stov/nc-es/mammal/manatee_guidelines.pdf. General 13) This permit shall not be assigned,transferred,sold,or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. dotloop signature verification:dt?p.us/fmMt-Mfnl.hSoR Deiiaine Risley,Emmett Aldredge Jr,Elizabeth Lennon Permit No.22-21 r Page 3 of 3 ADDITIONAL CONDITIONS o ootloop venfied 14) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit.The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state,federal or local permits, approvals or authorizations that may be required including but not limited to any and all authorizations from the United States Army Corps of Engineers. NOTE: The N.C.Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No.2016-0492v3. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at(910)796-7215 prior to the commencement of any such activity for this determination.The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of$400 was received by DCM for this project.This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. • • dotioop signature verification:dtdp.uvfrfMt•Mfni•n5oR Permit Class Permit Number MODIFICATION/MAJOR 22-21 STATE OF NORTH CAROLINA Department of Environmental Quality . dW and 4 dolloop verified Coastal Resources Commissio • n e�n�it • for X Major Development in an•Area of Environmental Concern • . pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Defaine Risky,DJM-NC LLC.,Andrew Smith&Elizabeth Lennon,2010 Deep Creek Run,Wilmington,NC 28411 Authorizing development in New Hanover County adj to the AIWW,at 2010,2016,2020,2028 Depp Creek Run,in Wilmington ,as requested in the perrnittee's application dated 6/18/21, including attached workplan drawing(5),Sheets 1 of 5 of 5 all dated 6/18/21. This permit,issued on October 28,2021 ,is subject to compliance with the application(where consistent with the permit),all applicable regulations,special conditions and notes set forth below.Any violation of these terms may be subject to fines,imprisonment or civil action;or may cause the permit to be null and void. Excavation Expansion 1) In order to protect juvenile shrimp and finfish populations,no excavation or filling shall be permitted • between April 1 and September 30 of any year without the prior approval of the Division of Coastal - Management,in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed-5 feet within the basin,-5 feet within the channel bound by Coastal Wetlands and-6 feet within the remaining channel,all below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for additional conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered Braxton C.Davis,Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2024 • In issuing this permit,the State of North Carolina agrees that • your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee dotioop signature verification:ddp.us/fn:n�t-Mfni-h5oR • Dellaine Risley,DJM-NC LLC.,Andrew Smith and Elizabeth Lennon Permit No.22-21 Page 2 of 2 ADDITIONAL CONDITIONS f .a 0/ 2'4 ooiloop vented 4) No excavation shall take place within 5 feet of any Coastal Wetlands. • USACE Conditions 5) Coastal wetlands adjacent to the landward portion(160 feet in Iength,20 feet in width)of the access channel must be monitored on an annual basis for a period of three(3)years. This monitoring must include photographs of the wetlands bordering the channel to document the stability of these wetlands (whether sloughing due to dredging has occurred). A short report with a brief narrative describing the conditions above and including the photographs must also be submitted annually for the three(3)year period. The reports can be emailed to Greg Curry at nregorv.e.curry(a,usace.armv.mii. 6) Prior to transporting-spoil material to the Northeast New Hanover Conservancy Site for disposal,the applicant must get a'"Consent to Cross"easement(For the Navigation Channel)from the Corps of Engineers. Provide a written request and a map showing the disposal site and the crossing location to Justin Arnette at Justin.R.Arnette@usace.army.mII. General 7) This permit shall not be assigned,transferred,sold,or otherwise disposed of to a third party without the . written approval of the Division of Coastal Management. • 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 9) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location: • 10) This Major Modification shall be attached to Permit No.22-21, which was issued to the permittee on 2/25/21,as well as all subsequent modifications,refinements,and renewals,and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. I I) All conditions and stipulations of the active permit remain in force,under this Major Modification, unless specifically altered herein. • NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S.Army Corps of Engineers assigned the proposed project COE Action Id.No.SAW- 2020-01853. NOTE: The Division of Water Resources assigned the proposed project DWR Project No.2016-0492 v4. NOTE: An application processing fee of$250 was received by DCM for this project. Book 6657 Page 303 BK: RB 6657 PG:303-305 2023020188 NC FEE$2600 RECORDED NEW HANOVER COUNTY, 0811112023 REAL ESTATE MORGHAN GETTY COLLINS 01:07:40 PM EXTX St 2765 00 REGISTER OF DEEDS BY SAMANTHA SPEAKER DEPUTY ELECTRONICALLY RECORDED NORTH CAROLINA GENERAL WARRANTY DEED Prepared By MIDTOWN LAW R04500-004-005-000&R04500 Excise Tax: 12,765.00 PIN: 004-006-000 Return to Grantee at: MSL Property and Development,LLC c/o J.C.Hearne,II, Brief Description for Index: 2002,2006&2010 Deep Creek Run MIDTOWN LA`v Title Insured by: ***DRAWN WITHOUT OPINION ON TITLE*** THIS DEED made this\day of August,2023,by and between GRANTOR(S): GRANTEE(S): Dellaine Anderson Risley,Trustee of the Dellaine Anderson MSL Property and Development,LLC,a North Carolina Risley Revocable Trust dated April 13,2012 limited liability company --- Forwarding Address: Mailing Address: �T `5 33 P,A ll n tti. 1-vl 314 West Millbrook Road,Suite I ,fit el+ein I N ar y�y1 Raleigh,NC 27609 The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH,that the Grantor,fora valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in New Hanover County,North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT"A" The property herein described His tarn is not the primary residence of the Grantors. The property herein described was acquired by Grantor by instrument recorded in Book 5937,Page 565&571. Submitted electronically by "J.C. Hearne, II, Attorney at Law" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6657 Page 304 A map showing the above described property is recorded in Plat Book 61,Page jal. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple.Furthermore,the Grantor covenants with the Grantee,that Grantor is sci7ed of the premises in fee simple,has the right to convey the same in fee simple.that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,other than: Ad valorem tazes,for the current year:utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property any items that would be revealed by a true,accurate. and current survey. IN WITNESS WHEREOF,the Grantor has hereunto set his hand,or if corporate,has caused this to be signed in its corporate name by its duly authorized officers by authority of its Board of Directors,the day and year first above written. Dellaine Anderson Risley RLri, le Trust dated April 13,2012 By: lvl Dellaine Anderson Risley,Trustee 1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I,1 .1)0t ht t I .13-jf1 ,Notary Public,do hereby certify that Dellaine Anderson Risley,Trustee of Dellaine Anderson Risky Revocable Trust dated April 13,2012 personally appeared before me this day and acknowledged the due execution of the fore oing instrument. yO Witness my hand and official seat this l-11r..day of August,2023.. D PN\01 P VOI- 4�r �� ' R Noah Gal°�o�cty fficrttl Signature of Notary �lJ e��gt< aye Printed for typed nate of Notary t, �f..F^t14t i)-7� C� i y ommission Excpires: _Ili - SEAL , Book 6657 Page 305 Exhibit "A" Property Description TRACT ONE: BEING all of that .44+i- acre tract of land lying on the southeastern side of an 18-foot easement, identified as "Lauren B. Galleher, Book 5924, Page 2282,"all as shown on map entitled "Casa do Mar," recorded in Map Book 61, Page 101,New Hanover County Registry, to which map reference is made for a more particular description. Property Address:2002 Deep Creek Run, Wilmington,NC 28411 Fax Parcel Identification Number: R04500-004-005-000 TRACT TWO: BEING that tract or parcel of land located at the southeasternmost terminus of Deep Creek Run (SR 1406),and being identified as "1.88+/-acres(as calculated to H.W.L.) Edward Avery Bates and Lauren Bates Galleher, as Successor Trustees" under the Last Will and Testament and Codicil of Virginia H. Avery dated February 24, 1972, and October 3, 1975,respectively, f/b/o Virginia Avery Reich, and referencing Book 3950, Page 724, ail as shown on map entitled "Casa do Mar," recorded in Map Book 61, Page 101,New Hanover County Registry,to which map reference is made for a more particular description. TOGETHER WITH any and all right,title,and interest in those lands subject to that Declaration of Final Resolution of Claim to Submerged Lands recorded in Book 1459, Page 1725,New Hanover County Registry, that recognizes a claim as to "regularly flooded estuarine marshland." Property Addresses: 2010&2006 Deep Creek Run,Wilmington,NC 284]1 Tax Parcel Identification Number: R04500-004-006-000 Exhibit A File No.:233070 Page 1 of I Book 6657 Page 324 BK: RB 6657 PG:324-326 NC FEE 526 00 RECORDED 2023020190 oartt>ztns NEW HANOVER COUNTY, MORGHAN GETTY COLLINS 01:07:42 PM EXTX$0 00 REGISTER OF DEEDS BY.$AµANTHASPEAKER DEPUTY ELECTRONICALLY RECORDED NORTH CAROLINA NON-WARRANTY DEED Prepared By MIDTOWN LAW R04500-004-005-000&R04500 Excise Tax: 50.00 PIN: 004-006-000 Return to Grantee at: MSL Property and Development,LLC c/o J.C.Hearne,II, Brief Description for Index: Deep Creek Run,MB 61-101 MIDTOWN Title Insured by: ***DRAWN WITHOUT OPINION ON TITLE'**, THIS DEED made this tiit4k day of At,si- .0,3,by and between GRANTOR(S): GRANTEE(S): Dellaine Anderson Risky,Trustee of the Dellainc Anderson MSL Property and Development,LLC,a North Carolina Risky Revocable Trust dated April 13, 2012 limited liability company 14,5 Forwarding Address: Mailing Address: 5 3 Lane-. 314 West Millbrook Road,Suite I `(v.\ ny r NYG 2 Vy 1, Raleigh,NC 27609 The designation Grantor and Grantee as used herein shall include said parties.Their heirs.successors,and assigns, and shall include singular.plural.masculine,.feminine or neuter as required by context. WITNESSETH,that Grantor,for a valuable consideration paid by Grantee,the receipt and sufficiency of which are hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto Grantee in fee simple,all that certain lot or parcel of land situated in New Hanover County,North Carolina,and more particularly described as follows: See Attached Exhibit A The property hereinabove described E is or J is not the primary residence of the Grantors. The property hereinabove described was acquired by Grantor by instrument recorded in Book 5937,Page 565&571. Submitted electronically by "J.C. Hearne, II, Attorney at Law" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6657 Page 325 A map showing the above described property is recorded in Plat Book,Ll.Page 101. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty,express or implied,as to title to the property hereinabove described. 1N WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and ycar first above written. Dellaine Anderson Risley Revocable Trust dated April 13,2012 • By. Deilaine Anderson Risley,Trustee STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ,Notary Public,do hereby certify that Dellaine Anderson Risley,Trustee of Dellaine Anderson Risley Revocable Trust dated April 13,2012 personally appeared before me this day and acknowledged the due execution of the f re, oing instrument. Wit ss my h d and official seal this 'ti day of ,207- , 0 lei&Signature of Notary R. pAN{EL RIZZO exist typed name fN tary Notary PubIIC OC Q North Carolina j ZO CommissionioExpires: t— f - [aew Hanover County 2 Book 6657 Page 326 LEGAL DESCRIPTION TRACT ONE: Beginning at the northwestern corner of the tract described in book 5937 page 565 and shown on Map Book 61 page 101 records of the New Hanover County Register and being more particularly described as follows: Proceed from said point of beginning and with the southern right of way of Deep Creek Run N 59° 28'38"E a distance of 11.61'to an iron ;thence N 53 1 1'46"E a distance of 8.15'to an iron thence leaving said right of way; S 36°53'28" E a distance of 139.18'to an iron ; thence N 53°21' 46" E a distance of 101.18' to an iron; thence S 40 44' 26" E a distance of 233.93' to an iron; thence S 40 50'14" E a distance of 243.58'to an iron line marker;thence S 40° 50'14" E a distance of 36.49' to the normal high water line of Middle Sound;thence with said normal high water line S 01 47'52" E a distance of]7.55';thence S 37°58'50"W a distance of 107.51';thence S 48°37'11"E a distance of 26.36';thence S 24°47'08" W a distance of 19.43';thence S 38°56'46" E a distance of 33.07'; thence S 40° 09'33" E a distance of 32.99'; thence S 37°23'18" E a distance of 23.88' ; thence S 32°44'38" E a distance of 15.99' ; thence S 10 53'48" E a distance of 56.18' : thence S 03 11 '51" E a distance of 25.95' ;thence S 18°42'43" W a distance of 28.75' to an iron; thence leaving said normal high water line N 32°29'53" W a distance of 186.44' to an axle; thence N 32 29'53" W a distance of 133.13' to an iron ; thence N 31 30'12" W a distance of 167.03' to an iron ; thence N 36 48'43" W a distance of 81.57'to an iron; thence N 36 59'59"W a distance of 123.75'to an iron ;thence N 36 39'34"W a distance of 39.67'to an iron;thence S 51 54'56" W a distance of 4.96'to an iron; thence S 51° 54'56" W a distance of 4.00' to 25" Water Oak; thence N 37° 08'16" W a distance of 195.60'to the point of beginning and containing 2.00 acres. TRACT TWO: Beginning at the northwestern corner of that tract described in book 5937 page 571 and shown on map book 61 page 101 records of the New Hanover County Register and being more particularly described as follows: Proceed from said point of beginning and with the southern right of way of Deep Creek Run N 53 11 '46"E a distance of 130.63'to an iron;thence leaving said right of way S 41 02'53" E a distance of 139.44' to an iron; thence S 52 35'54" W a distance of 39.56'to an iron ; thence S 53 2! '46" W a distance of 101.18' to an iron; thence N 36° 53'28" W a distance of 139.18' to the point of beginning and containing 0.43 acres. Book 6657 Page 301 BK: RB 6657 PG:301 -302 NC FEE$2600 RECORDED 2023020187 08H112023 NEW HANOVER COUNTY, MORGHAN GETTY COLLINS 01:07:39 PM EXTX S0.00 REGISTER OF DEEDS BY SAMANTHA SPEAKER DEPJTY ELECTRONICALLY RECORDED Prepared by: Midtown Law CERTIFICATE OF TRUST Return to: J.C. Heame, II This Certificate of Trust (this "Certificate") is dated as of 04/13/2012 and is made for the benefit of Atlantic Land Title Agency and its underwriters and carriers under NCGS 36C-10-1013. As used in this Certificate: The"Trust"refers to Dellaine Anderson Risky Revocable Trust. The grantor of the Trust(the"Grantor")is Dellaine Anderson Risley,Trustee of the Dellaine Anderson Risley Revocable Trust dated April 13,2012. The trustee of the Trust(the"Trustee")is Dellaine Anderson Risley. The undersigned Trustee certifies as follows: 1. The Trust is in full force and effect and has not been revoked, modified or amended in any manner that would cause the representations in this Certificate to be incorrect or limit the powers of the Trustee in relation to Trust property. 2. The Trustee identified above is presently serving as trustee of the Trust with full authority to act on behalf of the Trust. 3. In addition to the powers of the Trustee set forth in the Trust agreement,the Trustee is hereby authorized and empowered: (a) While the Trust remains revocable,to follow any written direction given by the Grantor to engage in and/or perform any act described below in this Section 3 and/or Section 4,irrespective of whether the direction is contrary to the terms of the Trust,exceeds the authority or powers of the Trustee,or would otherwise constitute self-dealing or a breach of fiduciary duty; (b) To acquire,buy,purchase,retain,manage,control,improve,loan,sell and transfer Trust property in such manner and for such purposes as the Trustee may deem advisable, and to have, enjoy and exercise all powers and rights over and concerning the trust property and the proceeds thereof as fully and as amply as though the Trustee were the absolute and unrestricted owner of the same,including the power to grant, bargain,sell, convey, exchange, lease, assign,encumber, pledge or hypothecate any real or personal property or any interest therein: (c) To borrow money from any person or entity for such periods of time and upon such terms and conditions as to rates, maturities, renewals and security as the Trustee may deem advisable for any purpose the Trustee, in the Trustee's sole discretion,deems appropriate,and to assign,mortgage,pledge,hypothecate or otherwise encumber all or any portion of the Trust property to secure any such loan or loans; Certificate of Trust(Seller) File No:233070 Page t of 2 submitted electronically by "J.C. Hearne, II, Attorney at Law" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6657 Page 302 (d) To assign, mortgage, pledge, hypothecate or otherwise encumber all or any portion of the Trust property to secure the repayment of any obligations incurred or guaranteed either in whole or in part by the Trust or any one or more of the Grantor or beneficiaries of the Trust or any business entities in which the Trust or any one or more of the Grantor or beneficiaries of the Trust have an interest(notwithstanding the fact that any such Grantor or beneficiary may also be a Trustee of'the Trust);and (e) To guarantee the repayment of any loans made to any one or more of the Grantor or beneficiaries of the Trust or to any business entities in which the Trust or any one or more of the Grantor or beneficiaries of the Trust may have an interest (notwithstanding the fact that any such Grantor or beneficiary may also be a Trustee of the Trust),and to assign,mortgage, pledge,hypothecate or otherwise encumber all or any portion of the Trust property to secure such guarantees. 4. The Trustee is hereby authorized,empowered and directed to: Execute all documents needed in connection with the transfer of real property located at 2002,2006&2010 Deep Creek Run,Wilmington,NC 2841 I to MSL Property and Development,LLC.including a settlement agreement,general warranty deed and other required documents of the transfer. 5. This Certificate is signed, at least in part, to induce third parties (including title insurance companies) to rely upon its contents. All persons and entities may rely upon this Certificate and shall be held harmless for any loss or liability resulting from such reliance. If any conflict exists or arises between the terms of the Trust and this Certificate,this Certificate shall control.No person or entity delivering property or lending or paying money to the Trustee shall be required to see to its application. A copy of this Certificate shall be just as valid as the original. FURTHER,Trustee(s)does/do hereby acknowledge that this Certification may be recorded in the Register of Deeds Office and agrees that this Certification is being executed in duplicate counterparts each of which shall be deemed an original (the counterpart to be recorded may have the taxpayer identification number redacted if it is the social security number of a senior). By: d_ et..vu.� d gizze_ru$t Print/Type Name Sr Title:Dellaine Anderson Risley.T ee STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, i ) �}Ie\ RZ—� ,Notary Public,do hereby certify that Dellaine AndersolfRisley,Trustee of Dellaine Anderson Risley Revocable Trust dated April 13, 2012 personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this li' , day of August,2023. f' �/1�t/11�. � �- - =e'w17DHArtataNhntlovaPLertsjr:IbECIIAilaZnicLuZan:Y Official Signature of NotaryP . tod.atyped name f otary*t n r� �--�My Commission Expires: j L- >-b EAL Book 6657 Page 306 BK: RB 6657 PG: 306-323 NC FEE SEA 00 RECORDED 2023020189 08H112023 NEW HANOVER COUNTY, MORGHAN GETTY COLLINS 01:07:41 PM EXTXSO.DO REGISTER OF DEEDS BY SAMANTHA SPEAKER DEPUTY ELECTRONICALLY RECORDED PREPARED BY:Beemer,Hadler&Willett,P.A., 1829 E.Franklin Street,Suite 800-B,Chapel Hill,NC 27514 RETURN TO:Joseph C.Hearne,II,265 Racine Drive,Ste 104.,Wilmington,NC 28403 [Space Above This Line For Recording Data] DEED OF TRUST DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document,which is dated August 11,2023,together with all Riders to this document. (B) "Borrower"is MSL Property and Development,LLC,a North Carolina limited liability company. Borrower is the trustor under this Security Instrument. (C) "Lender"is BANK OF AMERICA,N.A. Lender is a National Banking Association organized and existing under the laws of THE UNITED STATES OF AMERICA.Lender's address is 20 Greenway Plaza, Ste 900,Houston,TX 77046. Lender is the beneficiary under this Security Instrument. (D) "Trustee"is PRLAP,INC. (E) "Note"means the promissory note signed by Borrower and dated August 11,2023. The Note states that Borrower owes Lender TWO MILLION TWO HUNDRED THOUSAND,and 00/100 DOLLARS(U.S. S2,200,000.00)plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1,2038. (F) "Property"means the property that is described below under the heading"Transfer of Rights in the Property." (G) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument,plus interest. (H) "Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: 0 Adjustable Rate Rider 0 BaIloon Rider X Other(s)-Custom Mortgage Rider and Investment Rider NORTH CAROLINA—Single Family--Faauie Ma/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/Di (page I of/4 pages) submitted electronically by "1.C. Hearne, /I, Attorney at Law" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Book 6657 Page 307 (I) "Applicable Law" means all controlling applicable federal, state and local statutes,regulations, ordinances and administrative rules and orders(that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues,Fees,and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check, draft,or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument, computer,or magnetic tape so as to order, instruct,or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. (M) "Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for. (i) damage to,or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. (N) "Mortgage Insuran ce"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (0) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,Regulation X(24 C.F.R.Part 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan" under RESPA. (0) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender:(i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in Mecklenburg County,North Carolina: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS"EXHIBIT A" The property currently has an address of: 2010,2006,Deep Creek Run,Wilmington,NC 28411 2002 Deep Creek Run,Wilmington,NC 28411 TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns,forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." NORTih CAROLINA—Single Famflv—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01(page 2 of 14 pages) Book 6657 Page 302 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However,if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a)cash; (b)money order; (c)certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section l5_ Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. if Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note;(b)principal due under the Note;(c)amounts due under Section 3.Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. NORTH CAROLLNA-Single Family—Fannie Ma JFreddk Mar UNIFORM INSTRUMENT Form 3034 1/01(page 3 of 14 pages) Book 6657 Page 309 Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any; (c)premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called"Escrow Items." At origination or at any time during the term of the Loan,Lender may require that Community Association Dues,Fees, and Assessments,if any,be escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly famish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time, Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for ail purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase "covenant and agreement"is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds, and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and(b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. NORTH CAROLINA—Single Family—Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3034 1/01(page 4 of 14 pages) Book 6657 Page 310 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority aver this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement(b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including,but not limited to,earthquakes and floods,for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible levels)and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay,in connection with this Loan,either: (a)a one-time charge for flood zone determination, certification and tracking services; or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or Iesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage,not otherwise required by Lender,for damage to,or destruction of,the Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be NORTH CAROLINA—Smgte Family—Fault Mee/Freddie Mx UNIFORM INSTRUMENT Form 3034 VW(page S of 14 pager) Book 6657 Page 311 applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property,insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation,Maintenance and Protection of the Property;Inspections. Borrower shall not destroy.damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration_ Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there NORTH CAROLINA--Single Family—Fanok Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 Iro1 (page 6 of 14 pages) Book 6657 Page 312 is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c)Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include,but are not limited to:(a)paying any sums secured by a lien which has priority over this Security Instrument;(b)appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept,use and retain these payments as a non-refundable loss reserve,if permitted under Applicable Law, in lieu of Mortgage Insurance. Such loss reserve shall be non- refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve,if permitted under Applicable Law. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,if permitted under Applicable Law,or to provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are NORTH CAROLINA—Singh Family—Fanate Mae/Freddre Mac UNIFORM INSTRUMENT Form 3034 1/01 (page 7 of l4pager) Book 6657 Page 313 on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity, or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b)Any such agreements will not affect the rights Borrower has—if any—with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the partial taking,destruction, or loss in value divided by(b)the fair market value of the Property immediately before the partial taking, destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. NORTH CAROLINA—Single Family—Fannie Mae/Freddte Moe UNIFORM INSTRUMENT Form 3034 1/01 age 8 of 14 pages) Book 6657 Page 314 If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due."Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment,could result in forfeiture of the Property or other material impairment ofLender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. Ail Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability ofBorrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability;Co-signers;Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the NORTH CAROLINA-Single Family—Fannie Mae/Freddie Mee UNIFORM INSTRUMENT Form 3034 1/01(page 9 of14 pages) Book 6657 Page 315 permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include the plural and vice versa;and(c)the word"may"gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited to, those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. !fall or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. NORTH CAROLINA--Single Family--Fannk Mae/Freddie The UNIFORM INSTRUMENT Form 3034 1/01(page 10 of 14 pages) Book 6657 Page 316 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;(b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b) cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender: (a)cash; (b)money order; (c)certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity;or(d)Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note;Change of Loan Servicer;Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual Iitigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants, or wastes by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction NORTH CAROLINA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01(page II of 14 pages} Book 6657 Page 317 where the Property is located that relate to health, safety or environmental protection; (c)"Environmental Cleanup"includes any response action,remedial action,or removal action,as defined in Environmental Law; and(d)an"Environmental Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law, (b)which creates an Environmental Condition, or (c)which, due to the presence, use, or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance, and (c)any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. if Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify:(a) the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured; and (d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,including,but not limited to,reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale,and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale,Trustee shall take such action regarding notice ofsale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale,Trustee,without demand on Borrower,shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty,expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order:(a)to all expenses of the sale,including,but not limited to,Trustee's fees of 5%of the gross sale price;(b)to all sums secured by this Security Instrument;and(c)any excess to the person or NORTH CAROLINA--Single Family—Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Font 3034 1/01(pare 12 of 14 pages) Book 6657 Page 318 persons legally entitled to it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release. Upon payment of all sums secured by this Security Instrument,Lender or Trustee shall cancel this Security Instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property,the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys'Fees. Attorneys'fees must be reasonable. BY SIGNING UNDER SEAL BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. MSL Property and Development,LLC, a North Carolina limited liability company By: stin Adam Slack,Managing Member • NORTH CAROLLNA-Single Family—Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3034 1/01(page 13 of 14 pages) Book 6657 Page 319 RRES Name John Carmody RRES Title Residential Real Estate Specialist RRES NMLS# 368462 Bank Name Bank of America,N.A. Bank NMLS# 399802 [Space Below This Line For Acknowledgment] State of North Carolina County of NftNOV I certify that the following persons personally appeared before me this day,acknowledging to me that (s)he voluntarily signed the foregoing document for the purposed stated herein and in the capacity indicated: Justin Adam Slack, Managing Member of MSL Property and Development, LLC,a North Carolina limited liability company. 1 tk Witness my hand and official seal or stamp,this it day of August,2023. ArAkk' Notary Public //��Notary Seal or Stamp My commission expires: g 11.14.5 �..8ccART-AoitintinuokN,r, 24`NOTARy y Iµµ+� sslow ExPIREs tj gr 5 _PUMA frSNhu�VER Ga NORTH CAROLINA--Single Family—Fan.ie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 I/01(page 14 of 14 pages) Book 6657 Page 320 CUSTOM MORTGAGE RIDER (TO BE RECORDED WITH SECURITY INSTRUMENT) This Rider ("Rider") is made as of August 11, 2023 and is incorporated into and shall be deemed to amend and supplement the Deed of Trust (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to Bank of America, N.A. ("Lender") dated August 11, 2023 and covering the property described in the Security Instrument and known as or located at: 2010,2006,Deep Creek Run,Wilmington,NC 28411 2002 Deep Creek Run,Wilmington,NC 28411 Defined terms used in this Rider shall have the meaning set forth in the Security Instrument unless otherwise indicated. ADDITIONAL COVENANTS In addition to the covenants made in the Security Instrument, Borrower further covenants and agrees as follows: 1. Hazardous Substances. Borrower shall indemnify Lender and Trustee against, and reimburse them on demand for, any and all liabilities, costs and expenses (including without limitation reasonable fees and expenses of attorneys and other professional consultants and experts) of every kind which may be incurred by Lender or Trustee as a result of the presence of any Hazardous Substance about the Property, or the migration or release or threatened migration or release of any Hazardous Substance on, to, from or through the Property, at any time during or before Borrower's ownership of the Property, or any act, omission or event existing or occurring in connection with the handling, storage, removal or disposal of any such Hazardous Substance or any violation of any Environmental Law or the filing or imposition of any environmental lien or claim against the Property as a result of any of the above occurrences. 2. No Other Liens. Borrower will not, without the prior written consent of Lender, except as otherwise specified by applicable law, grant,suffer or permit any contractual or non-contractual lien on or security interest in the Property, except in favor of Lender, or fail to promptly pay when due all lawful claims, whether for labor, materials or otherwise. To the extent applicable law allows the creation of liens against the Property, Borrower will advise Lender in writing within ten (10) days of the creation of any such liens against the Property. 3. Financial Statements/Appraisals. Lender may at its option obtain once in each year (or as otherwise requested by Lender) an appraisal of the Property or any part thereof prepared in accordance with written instructions from Lender by a third party appraiser engaged directly by Lender if any of the following occur as determined by Lender in its sole discretion: (a)a Default has occurred and is continuing; (b) an adverse change has occurred in real estate market conditions in the area where the Property is located; (c) an appraisal is required or recommended by bank examiners and/or auditors or pursuant to banking regulations or bank policy then in effect; or (d) an adverse change has occurred in the financial condition of Borrower. Each such appraiser and appraisal shall be satisfactory to Lender. To the extent not prohibited by applicable law, the cost of each such appraisal shall be payable by Borrower to Lender an demand (which obligation Borrower hereby promises to pay). Without limitation of other or additional requirements in any of the other Loan Documents, Borrower will furnish to Lender, in form and detail satisfactory to Lender, a financial statement of Borrower no later than thirty (30) days after written request therefor by Lender. Each financial statement submitted pursuant to this section shall be certified in writing as true and correct by Borrower. Borrower will furnish to Lender at Borrower's expense all evidence which Lender may from time to time reasonably request as to compliance with all provisions of the Note, Security Instrument as supplemented by this Rider, and any other documents provided by Page 1 Book 6657 Page 321 Borrower to Lender or executed in connection with the loan evidenced by the Note (collectively the "Loan Documents"), 4. Effective as Financing Statement. The Security Instrument shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each city or county where the Property (including said fixtures)is situated. 5. Construction Mortgage. The Security Instrument constitutes a"Construction Mortgage" as defined in the Uniform Commercial Code adopted by the jurisdiction in which the Property is located to the extent that it secures an obligation incurred for the construction of improvements including the acquisition cost of the land. 6. No Liability of Trustee. The Trustee,where applicable, shall not be liable for any error or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever (including Trustee's negligence), except for Trustee's gross negligence or willful misconduct. Borrower will reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties. The foregoing indemnity shall not terminate upon discharge of the Secured Indebtedness or foreclosure,or release or other termination of the Security Instrument. 7. Entire Agreement; Further Assurances. The Loan Documents constitute the entire understanding and agreement between Borrower and Lender with respect to the transactions arising in connection with the indebtedness secured hereby and supersede all prior written or oral understandings and agreements between Borrower and Lender with respect to the matters addressed in the Loan Documents. Borrower will, promptly on Lender's request, execute, deliver,procure and/or file such further documents, and take such further action as is necessary, desirable or proper to carry out more effectively the purposes of the Loan Documents,to correct any defect in the Loan Documents,or to more fully identify and subject to the Security Instrument any property intended to be covered by the Security Instrument. By signing below Borrower accepts and agrees to the terms and covenants contained in this Rider. EXECUTED this 11th day of August,2023. MSL Property and Development,LLC a North Carolina limited liability company By: J in Adam Slack,Managing Member Page 2 Book 6657 Page 322 RENTAL/INVESTMENT PROPERTY RIDER (TO BE RECORDED WITH SECURITY INSTRUMENT) THIS RENTALJINVESTMENT PROPERTY RIDER is made this 11th day of August, 2023, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned `Borrower", (whether there are one or more persons undersigned) to secure Borrower's Note to BANK OF AMERICA, NA., a national banking association("Lender')dated August 11, 2023 and covering the Property described in the Security Instrument,which is located at: 2010,2006,Deep Creek Run,Wilmington,NC 28411 2002 Deep Creek Run,Wilmington,NC 28411 In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Uniform Covenant 6 of the Security Instrument is deleted and is replaced by the following: 6. Occupancy and Use:Preservatipn. Maintenance and Protection of the Property: Borrower's Loan Application: Leaseholds. Borrower certifies that the Property shall be used as rental and/or investment property. Borrower shall not destroy, damage or impart the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in Paragraph 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Rental/Investment Property rider. MSL Property and Development,LLC a North Carolina limited liability company By: in Adam Slack,Managing Member Book 6657 Page 323 Exhibit "A" Property Description TRACT ONE: BEING all of that.44+/-acre tract of land lying on the southeastern side of an 18-foot easement, identified as"Lauren B. Galleber,Book 5924,Page 2282,"all as shown on map entitled "Casa do Mar,"recorded in Map Book 61,Page 101, New Hanover County Registry,to which map reference is made for a more particular description. Property Address:2002 Deep Creek Run,Wilmington,NC 28411 Tax Parcel Identification Number: R04500-004-005-000 TRACT TWO: BEING that tract or parcel of land located at the southeasternmost terminus of Deep Creek Run (SR 1406), and being identified as"1.88+/-acres(as calculated to H.W.L.) Edward Avery Bates and Lauren Bates Gaileher,as Successor Trustees"under the Last Will and Testament and Codicil of Virginia H. Avery dated February 24, 1972,and October 3, 1975,respectively, f/b/o Virginia Avery Reich,and referencing Book 3950,Page 724,all as shown on map entitled"Casa do Mar," recorded in Map Book 61, Page 101, New Hanover County Registry,to which map reference is made for a more particular description. TOGETHER WITH any and all right,title,and interest in those lands subject to that Declaration of Final Resolution of Claim to Submerged Lands recorded in Book 1459, Page 1725,New Hanover County Registry,that recognizes a claim as to"regularly flooded estuarine marshland." Property Addresses: 2010 &2006 Deep Creek Run,Wilmington,NC 28411 Tax Parcel Identification Number: R04500-004-006-000 This form is o statement of final loan terms and closing costs.Compare this Closing Disclosure document with your Loon Estimate. Closing information Transaction Information Loan information Date Issued 08/10/2023 Borrower MSL Property and Development,LLC Loan Term 15 Years Closing Date 08/11/2023 Purpose Purchase DisbursementDate 08/11/2023 1804 Register Lane Product 10 Year Interest Only, settlement Agent Joseph C.Heame,II Vlmington,NC 28411 10/1 Adjustable Rate seller Dellaine Anderson Risley Revocable File C SLACK23.0458 Trust Dated April 13,2012 Loan Type f9lConventional 0 FHA OVA 0 Property 2010,2006 Deep Creek Run 8533 Pullman Lane Loan ID 4 4075980 Wilmington,NC 28411 Wilmington,NC 28411 MIC C Sale Price S6,382,250 Lender BANK OF AMERICA,N.A. Loan Terms Can this amount increase after closing? Loan Amount $2,200,000 NO Interest Rate 6.175% YES • Adjusts every year starting in year 11 • Can go as high as12.175% in year 13 • See AIR Table on page 4 for details Monthly Principal&Interest $11,537.95 YES •Adjusts every year starting in year 11 See •Can go as high as $22,849 in year 13 Projected Payments below for your •Includes only interest and no principal until year 11 Estimated Total Monthly Payment •See AP Table on page 4 for details Does the loan have these features? Prepayment Penalty NO Balloon Payment YES • You will have to pay $2,164,495 at the end of year 15 Projected Payments Payment Calculation Years 1-10 Year 11 Years12-15 Final Payment Principal&Interest $11,537.95 $9,487 min $8,997 min $1,958,893 min $17,989 max $22,849 max $2,164,495 max only interest Mortgage Insurance + $0 + $0 + $0 + - Estimated Escrow + $0 + $0 + SO + - Amount can increase over time Estimated Total $11,537.95 $9,487-$17,989 $8,997-$22,849 $1,958,89342,164,495 Monthly Payment This estimate includes In escrow? Estimated Taxes,Insurance X Property Taxes NO &Assessments $2,669.01 ®Homeowner's Insurance NO Amount con increase over time a month ❑Other: See page 4 for details See Escrow Account on page 4 for details.You must pay for other property costs separately. Costs at Closing Closing Costs $36,866.49 Includes $11,986.00 in Loan Costs-- $25,155.49 in Other Costs- $275.00 in Lender Credits. See page 2 for details. Cash to Close $2,105,338.12 Includes Closing Costs.See Calculating Cash to Close on page 3 for details. 20079 CLOSING DISCLOSURE Page 1 of 5 BANK OF AMERICA,N.A. (07/15; Loan ID U 4075980 08/10/2023 Closing Cost Details Borrower-Paid i Seller-Paid Paid by Loan Costs At Closing Before Closing• At Closing Before Closing Others A. Origination Charges $0.00 96 of Loan Amount(Points) B. Services Borrower Did Not Shop For f $6,024.00 Appraisal to Solidifi $1,900.00 Appraisal to Solidil) I 51,600.00 Credit Report to TransUnion j (L)$1.00 Doc Prep Fee to Beemer,Hadler&Whet,P.A. $2,500.00 Life Of Loan Flood Monitoring to CoreLogic Flood Services j $24.00 1 i ! • C. Services Borrower Did Shop For • $5,962.00 Title-Attorney Fee to Joseph C.Heame,11 $3,500.00 • Title-Courier Fee to UPS $30.00 Title-Lenders Title Insurance to Atlantic Land Title Agency $2,432.00 1I O.TOTAL LOAN COSTS(Borrower-Paid) $11,986.00 t Loan Costs Subtotals(A+B+Cl ( $11,986.00 Other Costs E.Taxes and Other Government Fees $130.25 Recording Fees Deed:$26.00 Mortgage:$64.00 $130.25 Transfer Taxes to Register of Deeds ; $12,765.00 F.Prepaids $21,835.24 • Homeowner's Insurance Premium( 12 mo.) to NCJUA 515,444.00 Mortgage Insurance Premium( mo.) Prepaid interest ( per day from to ) Property Taxes ( 12 mo.) to New Hanover County $6,391.24 I $10,036.96 G.Initial Escrow Payment at Closing $0.00 Homeowner's Insurance per month for mo. • Mortgage Insurance per month for mo. Property Taxes per month for mo. Aggregate Adjustment N.Other $3,190.00 RE Cornm'n Buying Agent to ColdweN Banker Seacoast Advantage i , 3159,556.25 RE Commission Listing Agent to Landmark Sotheby's Intl Realty ' $223,378.75 Title-Owners Title Insurance(Optional)to Atlantic Land Title Agency $3,190.00 I.TOTAL OTHER COSTS(Borrower-Paid) $25,155.49 Other Costs Subtotals(E+F+G+H) I $25,155.49 J.TOTAL CLOSING COSTS(Borrower-Paid) ! $36,866.49 Closing Costs Subtotals(ID+I) i $37,141.49 $405,736.96 _ $1.00 Lender Credits(Includes 5275.00 credit for increase in Closing Costs aoova legal knot.) I -$275.00 20079 CLOSING DISCLOSURE Page 2 of 5 BANK OF AMERICA,N.A. (07/15) Loan ID#4075980 08/10/2023 Calculating Cash to Close Use this table to see what has changed from your Loan Estimate. Loan Estimate Final Did this change? Total Closing Costs(J) $32,749.00 $36,866.491 YES ' See Total Loan Costs(D) and Total Other Costs(I) Increase exceeds legal limits by$275.00.See Lender Credits on page 2 for credit of excess amount Closing Costs°aid Before Closing $0 $0 NO Closing Costs Financed (Paid from your Loan Amount) $0 $0 N0 Down Payment/Funds from Borrower $4,182,250.00 $2.483,471.63 YES ' You decreased this payment.See details in Section L Deposit -$50,000.00 -5400,000.00; YES ' You Increased this payment.See deposit in Section L Funds for Borrower $0 $O NO Seller Credits -$17.750.00 $0, YES ' See Seller Credits in Section L Adjustments and Other Credits SO -$15,000.00' YES ' See details in Sections K and L Cash to Close 54,147,249.001 $2,105,338.12 Summaries of Transactions Use this table to see a summary of your transaction. BORROWER'S TRANSACTION SELLER'S TRANSACTION K.Due from Borrower at Closing $8,419,116.411 M.Due to Seller at Closing Sale Price of Property $6.382,250.00 Sale Price of Property Sale Price of Any Personal Property Included in Sale Sale Price of Any Personal Property Included in Sale Closing Costs Paid at Closing 11) $36,866.49 Adjustments Adjustments for Items Paid by Seller in Advance Adjustments for Items Paid by Seller in Advance City/TownTaxes to City/TownTaxes to County Taxes to County Taxes to Assessments to Assessments to L Paid Already by or on Behalf of Borrower at Closing $4,313,778.37 N.Due from Seller at Closing Deposit $400,000.00 Excess Deposit Loan Amount $2.200,000.00 Closing Costs Paid at Closing(J) Existing Loanis)Assumed or Taken Subject to Existing Loans)Assumed or Taken Subject to • 1031 FundS $1,698,778.37 Payoff of First Mortgage Loan Seller Credit Payoff of Second Mortgage Loan Other Credits SA Credit to Buyer $15,000.00 Seller Credit Adjustments Adjustments for Items Unpaid by Seller Adjustments for Items Unpaid by Seller City/Town Taxes to City/TownTaxes to County Taxes to County Taxes to Assessments to Assessments to CA LCULATION CALCULATION Total Due from Borrower at Closing(K) $6,419,116.49 Total Due to Seller at Closing(M) Total Paid Already by or on Behalf of Borrower at Closing IL) -$4,313,778.37 Total Due from Seller at Closing IN) Cash to Close ® From❑To Borrower $2,105,338.12 Cash 0 From 0 To Seller 20079 CLOSING DISCLOSURE Page 3 of 5 BANK OF AMERICA,N.A. (07/15) Loan ID#4075980 08/10/2023 Additional Information About This Loan Loan Disclosures Assumption Escrow Account If you sell or transfer this property to another person,your lender For now,your loan ❑ will allow,under certain conditions,this person to assume this ❑will have an escrow account(also called an"impound"or"trust" loan on the original terms_ account)to pay the property costs listed below.Without an escrow ® will not allow assumption of this loan on the original terms. account,you would pay them directly,possibly in one or two large payments a year.Your lender may be liable for penalties and interest Demand Feature for failing to make a payment. Your loan 0 has a demand feature,which permits your lender to require early Escrow repayment of the loan.You should review your note for details. Escrowed Estimated total amount over year 1 for ® does not have a demand feature. Property Costs your escrowed property costs: over Year 1 Late Payment Estimated total amount over year 1 for If your payment is more than days late,your lender will charge a Non-Escrowed Property Costs your non-escrowed property costs: late fee of over Year 1 Negative Amortization(Increase in Loan Amount) You may have other property costs. Under your loan terms,you Initial Escrow A cushion for the escrow account you ❑ are scheduled to make monthly payments that do not pay all of Payment pay at closing.See Section G on page 2. the interest due that month.As a result,your loan amount will increase(negatively amortize),and your loan amount will likely become larger than your original loan amount.Increases in your Monthly Escrow The amount included in your total loan amount lower the equity you have in this property. Payment monthly payment. ❑ may have monthly payments that do not pay all of the interest due that month.If you do,your loan amount will increase IR will not have an escrow account because 0 you declined it Cgl your (negatively amortize),and,as a result,your loan amount may lender does not offer one.You must directly pay your property become larger than your original loan amount.Increases in your costs,such as taxes and homeowner's insurance.Contact your loan amount lower the equity you have in this property. lender to ask if your loan can have an escrow account. X do not have a negative amortization feature. No Escrow Partial Payments Estimated $32,028.11 Estimated total amount over year 1.You Your lender Property Costs must pay these costs directly,possibly over Year 1 in one or two large payments a year. IX may accept payments that are less than the full amount due (partial payments)and apply them to your loan. Escrow Waiver Fee O may hold them in a separate account until you pay the rest of the In the future, payment,and then apply the full payment to your loan. Your property costs may change and,as a result,your escrow pay- O does not accept any partial payments. ment may change.You may be able to cancel your escrow account, If this loan is sold,your new lender may have a different policy. but if you do,you must pay your property costs directly.If you fail to pay your property taxes,your state or local government may(1) Security Interest impose fines and penalties or(2(place a tax lien on this property.If You are granting a security interest in you fail to pay any of your property costs,your lender may(1)add 2010, 2006 Deep Creek Run, VUffmington,NC 28411 the amounts to your loan balance,(2)add an escrow account to your loan,or(3)require you to pay for property insurance that the lender buys on your behalf,which likely would cost more and provide You may lose this property if you do not make your payments or fewer benefits than what you could buy on your own. satisfy other obligations for this loan. Adjustable Payment(AP)Table Adjustable Interest Rate(AIR)Table Interest Only Payments? YES for your first 120 payments Index+Margin 1 YEAR TREASURY+2.75% Initial Interest Rate 6.175% Optional Payments? NO Minimum/Maximum Interest Rate 2.75%/12.175% Step Payments? NO Change Frequency Seasonal Payments? NO First Change Beginning of 121st month Monthly Principal and Interest Payments Subsequent Changes Every year after first change First Change/Amount $9.487-$17,989 at 121st payment Limits on Interest Rate Changes Subsequent Changes Every year First Change • 3% Maximum Payment 522,649 starting at 145th payment Subsequent Changes 2% 20079 CLOSING DISCLOSURE Page 4 of 5 BANK OF AMERICA,NA_ (07/15) Loan iD it 4075980 08/10/2023 Loan Calculations Other Disclosures Total of Payments.Total you will have paid after Appraisal you make all payments of principal,interest, If the property was appraised for your loan,your lender is required to mortgage insurance,and loan costs,as scheduled. $4,440,720.35 give you a copy at no additional cost at least 3 days before closing. If you have not yet received it,please contact your lender at the FinanceCharge.The dollar amount the loan will information listed below. cost you. $2,232,288.35 Contract Details See your note and security instrument for information about Amount Financed.The loan amount available after •what happens if you fail to make your payments, paying your upfront finance charge. $2,196,446.00 .what is a default on the loan, •situations in which your lender can require early repayment of the Annual Percentage Rate(APR).Your costs over loan,and the loan term expressed as a rate.This is not your •the rules for making payments before they are due. interest rate. 6.638% Liability after Foreclosure Total Interest Percentage(TIP).The total amount If your lender forecloses on this property and the foreclosure does not of interest that you will pay over the loan term as a cover the amount of unpaid balance on this loan, percentage of your loan amount. 101.308% ®state law may protect you from liability for the unpaid balance.If you refinance or take on any additional debt on this property,you may lose this protection and have to pay any debt remaining even after foreclosure.You may want to consult a lawyer for more information. ❑state law does not protect you from liability for the unpaid balance. Questions?If you have questions about the Refinance loan terms or costs on this form,use the contact Refinancing this loan will depend on your future financial situation, information below.To get more information the property value,and market conditions.You may not be able to or make a complaint,contact the Consumer refinance this loan. Financial Protection Bureau at www.consumerfinance.gov/mortgage-closing Tax Deductions If you borrow more than this property is worth,the interest on the loan amount above this property's fair market value is not deductible from your federal income taxes.You should consult a tax advisor for more information. Contact Information Lender Mortgage Broker Real Estate Broker(B) Real Estate Broker(5) Settlement Agent Name Bank of America,N.A. Caldwell Banker Landmark Sotheby's Intl Joseph C.Heame,II Seacoast Advantage Realty Address 20 Greenway PLZ,STE 110 Dungannon Blvd, 7205 Wrightsville Ave 265 Racine Dr,Ste 104 900 Ste 100 1MImington,NC 28403 Wilmington,NC 28403 Houston,TX 77046 WlImilgton,NC 28403 NMLS ID 399802 ST License ID C9314 C20671 17875 Contact John Carmody Eric Sabourin Sam Crittenden Joseph C.Heame,II Contact NMLS ID 368482 Contact 264912 280381 17875 ST License ID Email John.j.carmody®bofa.co eric@sabourinhomesno. sam.crittenden®landma jch©jcheamelaw.com m corn rksir.com Phone (415)876.2805 (910)228-1039 (910)228.1885 (910)313-3336 Confirm Receipt By signing,you are only confirming that you have received this form.You do not have to accept this loan because you have signed or received this form. 20079 CLOSING DISCLOSURE Page 5 of 5 BANK OF AMERICA,NA. (07/15) Loan iD#4075980 O8/10/2023 CLOSING DISCLOSURE ADDENDUM DATE ISSUED: 08/10/2023 Confirm Receipt By signing,you are only confirming that you have received this form. You do not have to accept this loan because you have signed or received this form. MSL Property and Development,LLC a North Carolina limited company Ckl It V14725 J in Adam Slack Date Managing Member • 20079 CLOSING DISCLOSURE ADDENDUM Page 1 of 2 BANK OF AMERICA,N.A. (07/15) Loan ID#4075980 08/10/2023 CLOSING DISCLOSURE ADDENDUM DATE ISSUED:08/10/2023 Property Addresses) 2002 Deep Creek Run Wilmington,NC 28411 20079 CLOSING DISCLOSURE ADDENDUM Page 2 of 2 BANK Of AMERICA,N.A. (07/15) loan ID#4075980 08/10/2023 snoops.gnatureverification cusewD0c,EpZu.Lps1 Authentisign 1fl-E537EACT-F221-4FE1 AE57-E2D6F73DAAAA ADDENDUM TO SALES CONTRACT Page 1 of 1 Pages This Addendum to the contract dated the 26 day ofJuly,2023 between Justin Adam Slack as Buyer and Dellaine Anderson Risley,Revocable Trust Dated April 13,2012 ,as Seller pertaining to the property known as 2002,2006&2010 Deep Creek Run Wilmington,NC 28411 in or near the City of Wilmington , County of New Hanover , State of North Carolina,by reference hereto, is incorporated in and is a part of said contract: Buyer is hereby changed from JUSTIN ADAM SLACK to MSL PROPERTY AND DEVELOPMENT,LLC on the Offer To Purchase contracts and all applicable addendums. IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT,THIS ADDENDUM SHALL CONTROL. • 07/28/2023 Date: Date: ,�j dolloop ven(ed Authenti5. n r./1"a'lf 4:,yr/'4. 2,74;:23::tI PN7 EDT Buyer tHR6.FCND'1B CM (SEAL) Seller SEAL' - a:r�fw etc'awe a.�� (SEAL) 7/28/2023 6:57:27 PM GMT Date: Date: Buyer (SEAL) Seller (SEAL) dctioop signature venficanon:eto.usrdia wQr7x.tagD OFFER TO PURCHASE AND CONTRACT [Consult"Guidelines"(Form 2G)for guidance in completing this form] For valuable consideration,the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms(together the"Contract"). 1. TERMS AND DEFINITIONS:The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a)"Seller":Dellaine Anderson Risley,Revocable Trust Dated April 13,2012 (b)"Buyer":Justin Adam Slack (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. The Property O will®will not include a manufactured(mobile)home(s).(If a manufactured home(s)is included.Buyer and Seller should include the Manufactured(Mobile)Home provision in the Additional Provisions Addendum(Standard Form 2A11-T)with this offer.) Street Address:2010,2006,and 2002 Deep Creek Run City:Wilmington Zip:28411 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 ,Block/Section .Subdivision/Condominium as shown on Plat Book/Slide 61&1459 at Page(s) 101-102&1725-1726 The PIN/PID or other identification number of the Property is:R04500004006000&R04500004005000 Other description:AD)Waters Some or all of the Property may be described in Deed Book 5937&6023 at Page 565-573&886 (d)"Purchase Price'': S 6,400,000 paid in U.S.Dollars upon the following terms: 5100,000 BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date by 0 cash ®personal check ❑official bank check 0 wire transfer ❑electronic transfer(specify payment service: S 50,000 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f)by El cash ®personal check ['official bank check ❑wire transfer,❑electronic transfer within five(5)days of the Effective Date of this Contract. S 0 BY(ADDITIONAL)EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f)no later than 5 p.m.on TIME BEING OF THE ESSENCE by[leash ['official bank check ['wire transfer El electronic transfer SO BYASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum(Standard Form 2A6-T). SO BY SELLER FINANCING in accordance with the attached Seller Financing Addendum(Standard Form 2A5-T). SO BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum(Standard Form 2A3-T). S 6,250,000.00 BALANCE of the Purchase Price in cash at Settlement(some or all of which may be paid with the proceeds of a new loan) Page I of 16 . This form jointly approved by: STANDARD FORM 2-T I , North Carolina Bar Association's Real Property Section A Revised 7/2022 North Carolina Association of REALTORS5.Inc. ; 7/2022 ri=ALTOR' a..opMOUSING Buyer's initials AirSeller's initials�^ +A • 0411703 10:40 AM Epl' dodoop veritiec Golooa signature verification:6ttct,osiGLvft'Qr7s g[) NOTE: If the parties agree that Buyer will pay any fee or deposit described above by electronic or wire transfer,Seller agrees to cooperate in effecting such transfer, including the establishment of any necessary account and providing any necessary information to Buyer,provided,however,Buyer shall be responsible for additional costs.if any,associated with such transfer. Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest `Toney Deposit by their due dates,or should any check or other funds paid by Buyer be dishonored,for any reason,by the institution upon which the payment is drawn, Buyer shall have one(1)banking day after written notice to deliver cash,official bank check,wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds.Seller shall have the right to terminate this Contract upon written notice to Buyer,and Seller shall be entitled to recover the Due Diligence Fee together with all Earnest Money Deposit paid or to be paid in the future. In addition,Seller may be entitled to recover reasonable attorney fees and court costs.See paragraph 23 fora party's right to attorneys'fees incurred in collecting the Earnest Money Deposit or Due Diligence Fee. (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 promptly 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.See paragraph 23 for remedies in the event of breach of this Contract. (f)"Escrow Agent"(insert name):JC Hearne Buyer and Seller consent to disclosure by the Escrow Agent of any material facts pertaining to the Earnest Money Deposit to the parties to this transaction,their real estate agent(s)and Buyer's lender(s). NOTE:In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker("Broker)is required by state law(and Escrow Agent,if not a Broker,hereby agrees)to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina("Attorney")is holding the Earnest Money Deposit,the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT iN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g)"Effective Date":The date that:(1)the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer.if any,and(2)such signing or initialing is communicated to the party making the offer or counteroffer,as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h)"Due Diligence": Buyer's opportunity 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 whether Buyer, in Buyer's sole discretion,will proceed with or terminate the transaction. (i)"Due Diligence Fee":A negotiated amount,if any,paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period.It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing.The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller,or if this Contract is terminated under Paragraph 23(b)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. See paragraph 23 for a party's right to attorneys'fees incurred in collecting the Due Diligence Fee. (j)"Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m.on 30 days from effective date TIME BEING OF THE ESSENCE. Page 2 of 16 STANDARD FORM 2-T Buyer's initials ✓ ' I Seller's initials III 7/2022 7/2022 7/2022 17 aotloep signature verification:drop,usvc7:v v pr7x•b4gD (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. (I)"Settlement Date": The parties agree that Settlement will take place on 45 days from effective date (the"Settlement Date'),unless otherwise agreed in writing,at a time and place designated by Buyer. NOTE: See paragraph 12, DELA IN SE"I TLENIENT/CLOSING for conditions under which Settlement may be delayed. (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: (I)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 12(Delay in Settlement/Closing). \%ARNING: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 REALTORSC 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. NOTE: Buyer's and Seller's respective responsibilities for the payment of Special Assessments are addressed in paragraphs 6(a) and 8(k). 2. FIXTURES AND EXCLUSIONS: WARN NG: THE PARTIES SHOULD NOT ASSUME THAT AN ITEM WILL OR WILL NOT BE INCLUDED IN THE SALE BASED ON AN ORAL OR WRITTEN STATEMENT OR UNDERSTANDING THAT IS NOT A PART OF THIS CONTRACT. BUYER AND SELLER SHOULD BE SPECIFIC WHEN NEGOTIATING WHAT ITEMS WILL BE INCLUDED OR EXCLUDED FROM THE SALE. (a)Fixtures Are Included in Purchase ('rice: ALL EXISTING FIXTURES ARE INCLUDED IN THE SALE AS PART OF THE PURCHASE PRICE.FREE OF LIENS,UNLESS EXCLUDED IN SUBPARAGRAPHS(d)OR(e). [THIS SPACE INTENTIONALLY LEFT BLANK] Page 3 of 16 STANDARD FORM 2-T Revised 7/2022 Buyer's initials leir I Seller's initials[ JJX� j3 )7/2022 &loop,ent,ec do[ioop signature verification:dtip.usloLvA-Qr7M.c gD (b)Specified Items:Buyer and Seller agree that the following items,if present on the Property on the date ofthe offer,shall be included in the sale as part of the Purchase Price free of liens.unless excluded in subparagraphs(d)or(e)below.ALL ITEMS LISTED BELOW INCLUDE BOTH TRADITIONAL AND "SMART" VERSIONS AND ANY EXCLUSIVELY DEDICATED. RELATED EQUIPMENT AND/OR REMOTE CONTROL DEVICES. • Alarm and security systems(attached)for security,fire, • Mailboxes;mounted package and newspaper receptacles smoke,carbon monoxide or other toxins with all related • Mirrors attached to walls, ceilings, cabinets or doors: all access codes,sensors,cameras,dedicated monitors.hard bathroom wall mirrors drives, video recorders, power supplies and cables: • Storage shed;utility building doorbells/chimes • Swimming pools; spas: hot tubs (excluding inflatable • All stoves/ranges/ovens; built-in appliances; attached pools.spas.and hot tubs) microwave oven;vent hood • Solar electric and solar water heating systems • Antennas;satellite dishes and receivers • Sump-pumps. radon fans and crawlspace ventilators; de- • Basketball goals and play equipment (permanently humidifiers that are permanently wired attached or in-ground) • Surface-mounting brackets for television and speakers: • Ceiling and wall-attached fans; light fixtures (including recess-mounted speakers;mounted intercom system existing bulbs) • Thermostats • Fireplace insert; gas logs or starters: attached fireplace • Water supply equipment, including filters. conditioning screens; wood or coal stoves and softener systems; re-circulating pumps; well pumps • Floor coverings(attached) and tanks • Garage door openers • Window/Door blinds and shades,curtain/drapery rods and • Generators that are permanently wired brackets,door and window screens and combination doors, • Invisible fencing with power supply awnings and storm windows • Landscape and outdoor trees and plants (except in moveable containers); raised garden; landscape and foundation lighting; outdoor sound systems; permanent irrigation systems:rain barrels;landscape water features; address markers (c) Unpairing/deleting data from devices: Prior to Closing, Seller shall "unpair" any devices that will convey from any personal property devices(hubs,intelligent virtual assistants,mobile devices,vehicles,etc.)with which they are paired.delete personal data from any devices that will convey,and restore all devices to factory default settings unless otherwise agreed.Seller's obligations under this paragraph 2(c)shall survive Closing. NOTE:ANY FIXTURE OR OTHER ITEM DESCRIBED IN SUBPARAGRAPHS(a)AND(b)THAT WILL NOT BE A PART OF THE SALE SHOULD BE IDENTIFIED IN SUBPARAGRAPHS(d)OR(e),AS APPLICABLE, (d) items Leased or Not Owned: Any item which is leased or not owned by Seller,such as antennas, satellite dishes and receivers, appliances,and alarm and security systems must be identified here and shall not convey: propane tanks leased In addition,any leased fuel tank identified in paragraph 7(d)shall not convey. (e)Other Items That Do Not Convey:The following items shall not convey(identif,those items la he excluded under subparagraphs (a)and(h)):slot machine and stools/chairs in the rec hall Seller shall repair any damage caused by removal of any items excluded above. Page 4 of I b STANDARD FORM 2-T Revised 7/2022 Buyer's initials Seller's initials ©7/2022 „ M .0.4,entice ootbop s.gnawre ven icatton:cflfp.usitiLmvQr?x v gD 3. PERSONAL PROPERTY:The following personal property present on the Property on the date of the offer shall be transferred to Buyer at closing at no value: all kitchen appliances in all three structures,washer/dryer in main home and guest home,all furnishings in all three structures as shown 6/16/23 NOTE: ANY PERSONAL PROPERTY THAT WILL BE A PART OF THE SALE SHOULD BE IDENTIFIED IN THIS PARAGRAPH. Buyer is advised to consult with Buyer's lender to assure that the Personal Property items listed above can be included in this Contract. 4. BUYER'S DUE DILIGENCE PROCESS: WARNING: Bt YER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. if Buyer is not satisfied with the results or progress of Buyer's Due 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 will 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 terms of this Contract or North Carolina law. (a)Loan:Buyer,at Buyer's expense,shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: There is no loan or appraisal contingency in this Offer To Purchase and Contract. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the loan process and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. (b)Property Investigation:Buyer or Buyer's agents or representatives,at Buyer's expense.shall be entitled to conduct all desired tests, surveys,appraisals, investigations. examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Inspections: Inspections to determine the condition of any improvements on the Property,the presence of unusual drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property.the presence of asbestos or existing environmental contamination,evidence of wood-destroying insects or damage therefrom,and the presence and level of radon gas on the Property. (ii)Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws. Articles of Incorporation, Rules and Regulations,and other governing documents of any applicable owners'association and/or subdivision.If the Property is subject to regulation by an owners'association,it is recommended that Buyer review the completed Residential Property and Owners' Association Disclosure Statement provided by Seller prior to signing this offer.It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (iii)Insurance: Investigation of the availability and cost of insurance for the Property. (iv)Appraisals:An appraisal of the Property. (v) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements. setbacks,property boundaries and other issues which may or may not constitute title defects. (vi)Zoning and Governmental Regulation:Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property. adjacent land uses, planned or proposed road construction. and school attendance zones. (vii)Flood Hazard:Investigation of potential flood hazards on the Property,and/or any requirement to purchase flood insurance in order to obtain the Loan (viii)Utilities and Access: Availability, quality, and obligations for maintenance of utilities including water, sewer, electric, gas.communication services,stormwater management,and means of access to the Property and amenities. (ix)Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property. including: (1)whether any street(s)/road(s)are public or private.(2)whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality.or(3)if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence. terms and funding of any maintenance agreements. (x) Special Assessments: Investigation of the existence of Special Assessments that may be under consideration by a Page 5 of 16 STANDARD FORM 2-T Buyer's initials Revised 7/2022 ye % Seller's initials ¢ ©7/2022 toaKAA 7t tlntbop t=erAe; dotloop signature-venficatton:w;o.usidiv.v-Qr?x-b:gD governmental authority or an owners'association. (c) Sale/Lease of Existing Property: As noted in paragraph 5(b),unless otherwise provided in an addendum,this Contract is not conditioned upon the sale/lease or closing of other property owned by Buyer.Therefore,if Buyer must sell or lease other real property in order to qualify for a new loan or to otherwise complete the purchase of the Property,Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing on Buyer's other property will take place prior to the Settlement Date of this Contract. (d)Repair/Improvement Negotiations/Agreement: Buyer acknowledges and understands the following: • Unless the parties agree otherwise,THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION. • Seller may.but is not required to.engage in negotiations for repairs/improvements to the Property. Buyer is advised to make any repair/improvement requests in sufficient time to allow negotiations to be concluded prior to the expiration of the Due Diligence Period. Any agreement that the parties may reach with respect to repairs/improvements is an addition to this Contract that must be in writing and signed by the parties in accordance with Paragraph 19. NOTE:See Paragraph 8(c),Access to Property and Paragraph 8(m),Negotiated Repairs/improvements. (e)Buyer's Obligation to Repair Damage:Buyer shall,at Buyer's expense,promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices either approved by the N.C.Home inspector Licensure Board or applicable to any other N.C.licensed professional performing reasonable appraisals,tests,surveys,examinations and inspections of the Property.This repair obligation shall survive any termination of this Contract. (f)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. (g)Buyer's Right to Terminate:Provided that Buyer has delivered any agreed-upon Due Diligence Fee.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. (h) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY iN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE iN WRITING. 5. BUYER REPRESENTATIONS: (a) Funds to complete purchase: D(Check if applicable)Cash. Buyer intends to pay cash in order to purchase the Property and does not intend to obtain a loan or funds from sources other than Buyer's own assets.Verification of cash available for Settlement is 0 is not 0 attached. NOTE:If Buyer does not intend to obtain a new loan(s)and/or funds from sources other than Buyer's own assets,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 loan or funds from sources other than Buyer's own assets. OR: (Check if applicable)Loan(s)/Other Funds: Buyer intends to obtain a loan(s)and/or other funds to purchase the Property from the following sources(check all applicable sources): 0 First Mortgage Loan: Buyer intends to obtain a first mortgage loan of the following type in order to purchase the Property: 0 FHA ©VA(attach FHAIVA Financing Addendum)0 Conventional D USDA()Other type: in the principal amount of 50°ioLTV plus any financed VA Funding Fee or FHA MIP. D Second Mortgage Loan: Buyer intends to obtain a second mortgage loan of the following type in order to purchase the Property: D Other funds: Page 6 of 16 STANDARD FORM 2-T Revised 7/2022 Buyer's initials Seller's initials I -7/2022 ..«,. zrri• tleuGop VMIf eu tlot.00p signature verifitat<on:bt'ra.uz'ULva-Qr7r.b4gC Buyer intends to obtain funds from the following other source(s)in order to purchase the Property: NOTE:Buyer's obligations under this Contract are not conditioned upon obtaining any loan(s)or other funds from sources other than Buyer's own assets.Some mortgage loan programs and other programs providing funds for the purchase of property selected by Buyer may impose repair obligations and/or additional conditions or costs upon Seller or Buyer.and more information may be needed. Material changes with respect to funding the purchase of the Property that affect the terms of the contract are material facts that must be disclosed. (b)Other Property:Buyer 0 DOES®DOES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase.(Complete the following only if Buyer DOES have to sell or lease other real property) Other Property Address: ❑(Check if applicable)Buyer's other property IS under contract as of the date of this offer.and a copy of the contract has either been previously provided to Seller or accompanies this offer.(Buyer may mark out any confidential information.such as the purchase price and the buyer's identity,prior to providing a copy of the cviii,act to Seller.)Failure to provide a copy of the contract shall not prevent this offer from becoming a binding contract: however, SELLER IS STRONGLY ENCOURAGED TO OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING THIS OFFER. ❑(Check if applicable)Buyer's other property IS NOT under contract as of the date of this offer. Buyer's property(check only O.\'E_of the following options): ❑is listed with and actively marketed by a licensed real estate broker. ❑will be listed with and actively marketed by a licensed real estate broker. ❑Buyer is attempting to sell/lease the Buyer's Property without the assistance of a licensed real estate broker. NOTE:This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property.If the parties agree to make this Contract conditioned on a sale/lease or closing of Buyer's other property, an appropriate contingency addendum should be drafted by a North Carolina real estate attorney and added to 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 Disclosure Statement(check only one): ® Buyer has received a signed copy of the N.C.Residential Property and Owners'Association Disclosure Statement prior to making this offer and acknowledges compliance with N.C.G.S.47E-5(Residential Property Disclosure Act). ❑ Buyer has NOT received a signed copy of the N.C.Residential Property and Owners'Association Disclosure Statement prior to making 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. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES):. (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 making this offer and acknowledges compliance with N.C.G.S.47E-5(Residential Property Disclosure Act). ❑ Buyer has NOT received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to making 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): Page 7 of 16 STANDARD FORM 2-T Buyer's initials Seller's initials' ZOIR Revised t;7n 7/2022022 or-l7,.a 1040 AM FbT omloop verrhed dcaoop signature verification'thip.usJtltvw-Qr7x-n4gD 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 6. BUYER OBLIGATIONS: (a)Responsibility for Special Assessments:Buyer shall take title subject to all Special Assessments that may be approved following Settlement. (b)Responsibility for Certain Costs:Buyer shall be responsible for all costs with respect to: (i)any loan obtained by Buyer; (ii)charges by an owners'association or a management company/vendor as agent of the association under paragraph 9(b)of this Contract; (iii)appraisal; (iv) tide search; (v)title insurance; (vi)any fees charged by the closing attorney for the preparation of the Closing Disclosure. Seller Disclosure and any other settlement statement; (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 information therein,to the parties to this transaction,their real estate agent(s)and Buyer's lender(s). 7.SELLER REPRESENTATIONS: (a)Ownership: Seller represents that Seller: ®has owned the Property for at least one year. has owned the Property for less than one year. ❑does not yet own the Property. (b)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) Owners' Association(s)and Dues: 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, representative, closing attorney or lender true and accurate copies of the following items affecting the Property, including any amendments: • Seller's statement of account • master insurance policy showing the coverage provided and the deductible amount • Declaration and Restrictive Covenants • Rules and Regulations • Articles of Incorporation • Bylaws of the owners'association • current financial statement and budget of the owners'association • parking restrictions and information • architectural guidelines ❑(specify name of association):n/a _ whose regular assessments("dues")are$ 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: 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: Page 8 of 16 STANDARD FORM 2-T Revised 7/2022 Buyer's initials fitr Seller's initials CR C 7/2022 i=6vtn jja )T aoUoop verd,ec ❑ocoop signa[u-e ver canon:c p.uSWCMv Qr7x-b450 Owners'association website address,if any (d) Fuel Tank(s)/Fuel:To the best of Seller's knowledge. there ®is ❑is not a fuel tank(s) located on the Property. /f complete the following: (i)Description: ®Tank I: • Use:®currently in use❑currently NOT in use • Ownership:❑owned®leased. If leased,name and contact information of tank lessor: • Location:®above ground❑below ground • Type of fuel:❑oil®propane 0 gasoline and/or diesel ❑other: • Name and contact information of fuel vendor:Parker Gas ❑Tank 2: • Use:❑currently in use 0 currently NOT in use • Ownership:❑owned 0 leased. If leased.name and contact information of tank lessor: • Location:0 above ground❑below ground • Type of fuel:0 oil 0 propane❑gasoline and/or diesel 0 other: • Name and contact information of fuel vendor: (ii) Tank(s)included in sale: Buyer and Seller agree that any tank described above that is owned by Seller shall be included in the sale as part of the Purchase Price free of liens,unless excluded in paragraph 2(e)above. (iii) Fuel: Seller may use fuel in the tank(s)described above through Settlement, but may not otherwise remove the fuel or resell it.Any fuel remaining in the tank(s)as of Settlement shall be included in the sale as part of the Purchase Price. free of liens. • Seller's use 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. NOTE:Buyer shall be entitled to conduct inspections to confirm the existence,type and ownership of any fuel tank located on the Property.Buyer is advised to consult with the owner of any leased fuel tank regarding the terms under which Buyer may lease the tank and obtain fuel. NOTE:State law provides that it is unlawful for any person,other than the supplier or the owner of a fuel supply tank,to disconnect, interrupt or fill the supply tank with liquefied petroleum gas (LP gas or propane) without the consent of the supplier. 8.SELLER OBLIGATIONS: (a)Evidence of Title,Payoff Statement(s)and Non Foreign Status: (i)Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attomey's opinions on title,surveys,covenants,deeds.notes and deeds of trust,leases,and easements relating to the Property. (ii)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 Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short- pay statements from any such lender(s). (iii)If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non-foreign status affidavit(pursuant to the Foreign Investment in Real Property Tax Act).In the event Seller shall not provide a non-foreign status affidavit.Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. (b)Authorization to Disclose Information:Seller authorizes:(i)any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys: (ii)the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's(or title insurer's agent's)file to Buyer and both Buyer's and Seller's agents and attorneys and (iii)the closing attorney to release and disclose any seller's closing disclosure,settlement statement and/or disbursement summary.or any information therein,to the parties to this transaction,their real estate agent(s)and Buyer's lender(s). Page 9 of 16 STANDARD FORM 2-T Revised 7/2022 Buyer's initials J Seller's initials fR■ 0 7/2022 ,0 r AM_DI oaloop veritiea dotioop signature verification:dt4,o-us/div v t?-+a-tMg:7 (c)Access to Property:Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including,but not limited to,allowing Buyer and/or Buyer's agents or representatives,an opportunity to(i)conduct Due Diligence, (ii)verify the satisfactory completion of negotiated repairs/improvements, and(iii) conduct a final walk-through inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost, including any connections and de- winterizing. NOTE:See WARNING in paragraph 4 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. (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-1 I.1.Seller shall have designated a Lien Agent,and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent.All deeds of trust,deferred ad valorem taxes, liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement,which shall convey fee simple marketable and insurable title,without exception for mechanics'liens. and free of any other liens,encumbrances or defects,including those which would be revealed by a current and accurate survey of the Property,except:ad valorem taxes for the current year(prorated through the date of Settlement);utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property;and such other liens,encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE:Buyer's failure to conduct a survey or examine title of the Property,prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE:If any sale of the Property may be a"short sale,"consideration should be given to attaching a Short Sale Addendum (Standard Form 2A 1 4-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 Seller's 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:Justin Adam Slack and or assigns (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $n/a toward any of Buyer's expenses associated with the purchase of the Property.at the discretion of Buyer and/or lender.if any.including any FHA%VA lender and inspection costs that Buyer is not permitted to pay. NOTE:Parties should review the FHA/VA Addendum prior to entering an amount in Paragraph 8(i).Certain FHA/VA lender and inspection costs CANNOT be paid by Buyer at Settlement and the amount of these should be included in the blank above. (j)Owners' Association Fees/Charges: Seller shall pay any charges by an owners'association or a management company/vendor as agent of the association under paragraph 9(a)of this Contract. (k) Payment of Special Assessments: Seller shall pay. in full at Settlement, all Special Assessments that are approved prior to Settlement. whether payable in a lump sum or future installments,provided that the amount thereof can be reasonably determined or estimated. The payment of such estimated amount shall be the final payment between the Parties. Page 10 of 16 STANDARD FORM 2-T Revised 7/2022 Buyer's initials .V Seller's initials ViliR <1u 7/2022 s,:. o�/l, du loup vented eo*iocp signature verit,ca:en:skip.usr LKv.Qr-rx.e4ED (I)Late Listing Penalties: All property tax late listing penalties. if any.shall be paid by Seller. (m)Negotiated Repairs/Improvements: 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)Home Warranty(Select one of the following): No home warranty is to be provided by Seller. El Buyer may obtain a one-year home warranty at a cost not to exceed S_ which includes sales tax and Seller agrees to pay for it at Settlement. ❑Seller has obtained and will provide a one-year home warranty from at a cost of S which includes sales tax 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. (o)Seller's Breach of Contract:See paragraph 23 for Buyer's remedies in the event of breach of this Contract. 9. CHARGES BY OWNERS' ASSOCIATION: Responsibility for payment of charges by an owners' association or a management company/vendor as agent of the association shall be allocated between Buyer and Seller as follows: (a)Seller shall pay: (i)fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement,and resale or other certificates related to a proposed sale of the Property; (ii)fees required for confirming Seller's account payment information on owners'association dues or assessments for payment or proration,including any expedite fee permitted under N.C.Gen.Stat.§47F-3-102 that is charged in connection with providing such information; (iii)any fees charged for transferring or updating ownership records of the association:and (iv)any fees other than those fees specifically required to be paid by Buyer under paragraph 9(b)below. (b) Buyer shall pay: (I)charges for providing information required by Buyer's lender; (ii) charges for working capital contributions,membership fees,or charges imposed for Buyer's use of the common elements and1or services provided to Buyer in connection with Buyer taking possession of the Property.such as"move-in fees";and (iii)charges for determining restrictive covenant compliance. 10. PRORATIONS AND ADJUSTMENTS: Unless otherwise agreed.the following items shall be prorated.with Seller responsible for the prorated amounts of any taxes and dues through the date of Settlement,and Seller entitled to the amount of prorated rents 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 taxes 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. 11.CONDITION OF PROPERTY/RISK OF LOSS: (a) Condition of Property at Settlement: If the Property is not in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted,Buyer may terminate this Contract by written notice delivered to Seller and the Due Diligence Fee and Earnest Money Deposit shall be refunded to Buyer.If the Property is not in such condition and Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. (b) Risk of Loss:The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. Page 11 of 16 STANDARD FORM 2-T Revised 7/2022 Buyer's initials . Seller's initials ZOIR 4‘)7/2022 datioop signature verification:drlp.us,d vw.zr7x.b=g 12.DELAY IN SETTLEMENT/CLOSING:This paragraph shall apply if one party is ready.willing and able to complete Settlement on the Settlement Date("Non-Delaying Party")but it is not possible for the other party to complete Settlement by the Settlement Date (-Delaying Party").In such event,the Delaying Party shall be entitled to a delay in Settlement and shall give as much notice as possible to the Non-Delaying Party and closing attorney.If the Delaying Party fails to complete Settlement and Closing within seven(7)days of the Settlement Date(including any amended Settlement Date agreed to in writing by the parties).then the Delaying Party shall be in breach and the Non-Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 13.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 I(in)unless otherwise provided below: ❑A Buyer Possession Before Closing Agreement is attached(Standard Form 2A7-T) ❑A Seller Possession After Closing Agreement is attached(Standard Form 2A8-T) ❑Possession is subject to rights of tenant(s) NOTE:Consider attaching Additional Provisions Addendum(Form 2A 1 I-T)or Vacation Rental Addendum(Form 2A 1 3-T) 14.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. El Additional Provisions Addendum(Form 2A I 1-T) ❑New Construction Addendum(Form 2A3-T) ❑Additional Signatures Addendum(Form 3-T) ❑Owners'Association Disclosure Addendum ❑Back-Up Contract Addendum(Form 2A 1-T) (Form 2A 12-T) ❑FHA;VA Financing Addendum(Form 2A4-T) ❑Seller Financing Addendum(Form 2A5-T) ®Lead-Based Paint Or Lead-Based Paint Hazard Addendum(Form 2A9-T) ❑Short Sale Addendum(Form 2A14-T) ©Loan Assumption Addendum(Form 2A6-T) ❑Vacation Rental Addendum(Form 2A 13-T) ❑Identify other attorney or party drafted addenda:nfa NOTE: UNDER NORTH CAROLINA LAW.REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 15. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax- deferred exchange, but if assigned by agreement,then this Contract shall be binding on the assignee and assignee's heirs and successors. 16. 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. 17. 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. 18. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed,kept or performed after the Closing,it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed.kept or performed. 19.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 RE.ALTOIV' or broker and Seller or Buyer as contained in any listing agreement,buyer agency agreement.or any other agency agreement between them. 20.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 Page 12 of 16 STANDARD FORM 2-T Revised 7/2022 Buyer's initials I Seller's initials ZR C>7/2022 Cottoop venheo dotioop signature ver tcation:d14).us,uLvA,Qr7x v4gG 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. Delivery of any notice to a party via means of electronic transmission shall be deemed complete at such time as the sender performs the final act to send such transmission, in a form capable of being processed by the receiving party's system. to any electronic address provided for such party in the "Notice Information" section below. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies'sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 21.EXECUTION:This Contract may be signed in multiple originals or counterparts.all of which together constitute one and the same instrument. 22. COMPUTATION OF DAN'S/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days"shall mean consecutive calendar days,including Saturdays.Sundays,and holidays.whether federal.state,local or religious.For the purposes of calculating days,the count of"days"shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made.Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. 23. REMEDIES: (a) Breach by Buyer: In the event of material breach of this Contract by Buyer. Seller shall be entitled to any Earnest Money Deposit. The payment of any Earnest Money Deposit and any Due Diligence Fee to Seller (without regard to their respective amounts, including zero)together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(e) and 4(f) for damage to the Property. It is acknowledged by the parties that the amount of the Liquidated Damages is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Buyer. The payment to Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty of determining Seller's actual damages for such breach. (b)Breach by Seller: In the event of material breach of this Contract by Seller,Buyer may(i)elect to terminate this Contract as a result of such breach,and shall be entitled to return of both the Earnest Money Deposit and the Due Diligence Fee.together with the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence("Due Diligence Costs"),or(ii)elect not to terminate and instead treat this Contract as remaining in full force and effect and seek the remedy of specific performance. (c)Attorneys' Fees:If legal proceedings are brought by Buyer or Seller against the other to collect the Earnest Money Deposit,Due Diligence Fee, or Due Diligence Costs, the parties agree that a party shall be entitled to recover reasonable attorneys' fees to the extent permitted under N.C.Gen.Stat. §6-21.2.The parties acknowledge and agree that the terms of this Contract with respect to entitlement to the Earnest Money Deposit,Due Diligence Fee.or Due Diligence Costs each constitute an"evidence of indebtedness" pursuant to N.C_Gen.Stat.§6-21.2. NOTE: A party seeking recovery of attorneys' fees under N.C.Gen. Stat. §6-21.2 must first give written notice to the other party that they have five(5)days from the mailing of the notice to pay the outstanding amount(s)without the attorneys' fees. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 13 of 16 STANDARD FORM 2-T Revised 7/2022 Buyer's initials ' Seller's initials VeR ')7/2022 aen 7:, 10:43 AM cDT doiloop vent,ed dcaooc signature verification:tlt?R.uSadL+nv.yr7X,bagn THE NORTH CAROLINA ASSOCIATION OF REALTORS4e,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, Buyer's failure to timely deliver any fee,deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: Date: Buyer: rpNfSp'C1L78'rH,!$ Seller: Date: Date: Buyer: Seller: Entity Buyer: Entity Seller: Dellaine Anderson Risley,Revocable Trust Dated April 13,2012 (Name of LUC/Corporation/Partnership/Trust/etc.) (Name of LLC/Corporation/Partnership/Trust/etc.) rj4�G>GIL-G/ eotwopW verified By BY: � j� j Eyn23 5W XMZNT Name: Name:Dellaine Anderson Risley Print Name Trustee Print Name Title: Title: Date: Date: WIRE FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE,YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK.BRANCH LOCATION,ACCOUNT NAME OR ACCOUNT NUMBER,THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS:IF YOUR PROCEEDS WILL BE WIRED,IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING,YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM,YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER,YOU SHOULD CALL THE CLOSING.ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE,YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE.YOt'R REAL ESTATE AGENT OR ANYONE ELSE. Page 14 of 16 STANDARD FORM 2-T Revised 7/2022 := 7/2022 tlotioop s gr ature verificason:CCp.usitLHv-Qr?x.^4gD NOTICE INFORMATION NOTE:INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT.INSERT"N/A"FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: Mailing Address: Buyer Fax#: Seller Fax#: Buyer E-mail: Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name:Coldwell Banker Seacoast Listing Firm Name: Landmark Sotheby's International Realty Acting as®Buyer's Agent USeller's(sub)Agent UDual Agent Acting as®Seller's Agent❑Dual Agent Firm License#: C9314 Firm License#: C20671 Mailing Address: 110 Dungannon Blvd.Ste 100 Mailing Address: 7205 Wrightsville Ave.#113 Wilmington,NC 28405 Wilmington,NC 28403 Individual Selling Agent:Sabourin Homes Team/Eric Sabourin Individual Listing Agent:Sam Crittenden 0 Acting as a Designated Dual Agent(check only if applicable) 0 Acting as a Designated Dual Agent(check only if applicable) Selling Agent License#:264912 Listing Agent License#:280361 Selling Agent Phone#:910-228-1039 Listing Agent Phone#:910-228-1885 Selling Agent Fax#: Listing Agent Fax#: Selling Agent E-mail:eric@sabourinhomesnc.com Listing Agent E-mail:sam.crittenden@landmarksir.com [THIS SPACE INTENTIONALLY LEFT BLANK] Page 15 of 16 STANDARD FORM 2-T Revised 7/2022 Buyer's initials ' -Seller's initials Znre jj�� 7/2022 ((�jj Aot eop ssenI dotloop signature verification:dtIp.us/dLHv-Qr7x-bhgO ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller:Dellaine Anderson Risley,Revocable Trust Dated April 13,2012 ("Seller") Buyer:Justin Adam Slack ("Buyer") Property Address:2010 Deep Creek Run,Wilmington,NC 28411 ("Property") 0 LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d)of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of$_100,000.00 ,receipt of which Listing Agent hereby acknowledges. Date_ Finn_Landmark Sotheby's International Realty By:. (Signature) Sam Crittenden (Print name) • ❑SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of S_100,000.00 ,receipt of which Seller hereby acknowledges. Date_ Seller: (Signature) Date Seller: (Signature) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of$50,000.00 . Escrow Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date Firm By:_ (Signature) (Print name) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF(ADDITIONAL)EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an(Additional)Earnest Money Deposit in the amount of$ 00 . Escrow Agent as identified in Paragraph 1(f)of the Offer to Purchase and Contract hereby acknowledges receipt of the(Additional)Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Time: _❑AM ❑PM By:. (Signature) (Print name) Page 16 of 16 STANDARD FORM 2-T Revised 7/2022 © 7/2022 `r, l .`" ice' . ! �: gir• .., . I f+ `+: •� i. . Hwy 17 B 1 ; 4 • 1'C`k /..,`r . ' .r, . .` . a. lick. ., • r ,4 Buena Vista rI 100. �• , V �• • : ,. , a' toif ilk Circle `' 4 / I i'eAy ' . ,, ''ll91." 7. /I?• I 4'1/ r• Y / Deep Creek un ',`.,a+� S' Site "' ijpy4 1 , .� Middle Sound Loop Road t o �k • t , ,' f f 2016 and 2020 Deep Creek Run 6. � I. F , ,,' Site Location Map . . '. ,s, —.. ,, '• cl°61/ - , • Y 0.,-.44_ . . 111,:r. a - 4,it'•11. t r � � Mason Harbour Boatslip Coe Inc ' S Ns. 7439 Nautica Yacht Club Dr.. 4 /. • 4/1):..„, . ' JR) - '-.4.k7*.-. 'S., ::•-•:' / '? "! ` USACE SETBACK ' 2t 10 D Creek Run �� 'a �� ,,��'i tyyv`�. , . ��_ �. -tit t ': ' +i j.. l( rk • )' . .,t �yy.,) 7. I' ll '' i ?At%,, , '' N Vi c.;. ipK j ., .. ...„, ii‘l , '/A. , ... , ,. __tei,,, .;-01- , •. •.. t \ r I -N. .N. A.:.1 . • 'PP* .1 ('' if. USAGE NAVIGATION „ 14' CHANN .e Allisa; 1 r . :t on i m 'f: . , ' .: : :, .,s ,; W Ilia T Karen!. :,, k _ "i� 1970 Deep Cre k Run ,�`,. , - .4., .,ol,. i 4., •`.% P• �; ,�� \ .'',4"5,3 . 4 ./10,,,,'. ‘,..foksx.. . ,, •, egend //�� V NOTES: (`` 0 :CEI RECEIVED 1 2018 PARCELS AND 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Proied Date: Revision Dale 4LMG Deep Creek 6/18/2021 NA N 1 �� ? Maintenance Dredging JUL 14 2021 Scale Job Number. LAND MANAGEMENT(AMP ti^=1sn I ur.,n 1an • i i I: ir a,; lt 1M? 5F' • .. 'S' . 1. *11,- 41111L lifit •� ' ♦ . 1., . - .41k# * r 0 /4 , .. , 4'sssMilliiii.twt, , .. . ♦ Y 40" . *4411111kil ♦ i A 1 I ;.` i. ` ' it t % . ,' PERMITTED DREDGE BOUND ;. (#22-21) , 1 . ,V // ,. ' • ; PROPOSEDAIN CE W � DREDGE BOL i `'tipY rvl i :, . ;r `�` •' .• USACE NAVIGATION - J y °• , ) CHANNEL r •jA •• % i if `\ if % t ��� I i. i •% ( Legend NOTES. 'f V) 0 .1"CCE(VED -- 1. 2018 PARCELS NCONEMAP. 2. 1 1 IAL FROM NHC GIS. i�u 0 to 22-21) - —•— — —•—•—•—•- Project- Dale Revt U I V e l N� /. �C RVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. LM G Deep Creek 6/18/2021 J Maintenance Dredging I.AN()MANAGEMENT CROUP Scale- Job Number. Q� 1,11 1 A 7n7'i ,WY[r4 u..r+,,y Tole NTS LLCM WIL G 'ON N . .,, 1.••• ,,......... 1,.. •,„ .., i, -„ '5, 4 . 4• , 1 ' Mirlfr. ,, . ,i/t• 4 I. t•4.17 ,S, • 4; ,,„t..::t. t.-.„„i1..„N.L., '••1•„,..-.:' \v P ;r ; .�• `i4 r 1.47.440,."'4'.,..k/4is,.,,.,,1..\, CURRENT MAINTENANCE D EDGE 7{ . \ t:-t+. '..• BOUNDARY ••4A. , -.,. t.i.- V r 1,. • I • 9 ` e s" .4:: 4 4, . 4141111411.,k ••• te- . • A ..', „, • IV gr ) .yi • . I "I*. „-,1 °:,...1.. `, vic . , t. %AI). '-,4ilr' '. % • • .4 t.'0' 1 1• t, . 411,157,`'•,. * , ti..'.,. ,, je,' . , i :1114.‘ • - -- t•IY ••• .• ,,:i ,"i' ; 1*/... ..4. • '• %.\•. • ' `t.. o. .4 }. , .Oft 1 :-01 ., • . , ,,.r . . ; to f r . ".40ti 7- USAGE SETBACK ;,� . .4 t` . t CURB OL T R ! • ( 4.'•0 •e /` . . •.4. ' ' • ' ';+'T' DGE bF MARSH 4' 5r t J e ' Y Y t '. •t ,..'. t i' 1, '.� '.1 aI t.•r~r! et s '\ •y+` 1 \ yt li %,• i 'NIL-, —• ' = '-..! •••• • ' -• ' . - - : -• c. •fr ' ' ito \ f ' ' t atTv1'.�t, ,f ^ '�v •ti i f % 7. , #. :yy , 4.,a; s,1: '' USACE NAVIGATION ?. ,' - ` 7 J 1,' a 4€ ►- CHANNEL tt.• ter.= ,-� �' 'j 4:r .; • J / •.� �.. �• T. + e• ' kYA„' f L �• +� J fS-SiA 1► M1• r,. `•ti.' t',J It± 1 '• '. fit/ 1 ' t �y(� �-..'• '`; .-t, - ;' a 'f•• } • .jt•, F,� �f.• - y k^ re ,iltf ••:S• ),4-'''. . .: ill '44.4*0'N'' ..‘' ' ' .egend NOTES 0 •F 1. 2018 PARCELS FROM NCONEMAP. IVI~D 2. 2e,t 'ERIAL FROM NHC GIS. Piaject Date Revsi n — t'''FCIEIV. r SURVEYED OR ENGINEERED DRAWING, FOR ENVIRONMENTAL PERMITTING ONLY. :LMG beep Creek 6118/2021 NA Maintenance Dredging pgry�I 2 1[� 0 Scale -kb Nerd Lqt 1 1 `Q Z(r r I t AHO•d AKAGFMEYTGROUP 1'=100' J 1, •- • 1 r , >• .. _ _ ,4 _ i •.. '• y , , • _ • ti :f. / • _ l i '' •9, •. . i „` � '� /i / .1. '' <f, / lit +I ' , ..41#41, tt USAGE ROW I Facilities -,_-_ ':t `f •;. :1. ` ' +. , 1 '\ '''R. -, \ EXISTING tr41114.....„t . ' RIP RAP - 1 .; ,: • �,,, , 0,0 ' . 1 ' .• ; / 1 a.l• •�w • ' • .:1 �', . -, ._ i� PROPOSED 160' X�2A � `g��v� i '"• �`• ,.. -• ,.i,. . : , "'NI MAINTENANCE DRE ` •r' / ,t I / CHANNEL (-5 ML • + :•1,1 (PER JUNE 12, 20 •ar -•,. • - '/ MODIFCATION TO CA1MA ,, ' , PERMIT #107 •.',). . / • r • ;�, ;USACE SETBACK -- --_�� ,.. 4 . �; .I' atr ,• \ . �. \ • 1 ‘� PERMITTED 510' X 10' / J .- ' I USACE NAVIGATION wf ;,e - CHANNEL (-5 MLW) • . CHANNEL PERMITTED 14,350 S.F. B IN i; (PER CAMA PERMIT #22-21) '' ` - ,r �. ' y ' . ' (IRREGULAR) ! .` ,. (-5 MLW, NO CHANG r PROPOSED 350' X,30' }: JI • MAINTENANCE DREDGE ;.ao . i •• CHANNEL (-6SUILW) ' *,, (PER CAMA PERMIT #139-76) 1 , L .. . 1.'•4*r.a . 4 ,'‘ • , ; ti . , • r• : , . .., ' / Legend NOTES: 1. 2018 PARCELS AND 2016 AERIAL FROM NCONEMAP. ��ii���.// 2. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL�l 1�NIFTTIhee EX LY. U V / 3. MLW DEPTHS PROVIDED BY APPLICANT.TAKEN JULY 2020, RECE,v • 22-21) - • USACE Navigation Channel IJU L -•21 Project Deep Creek Date: 6/18/2021 Rawson Date NA USACE Setback 41,MG Deep Creek J �[ 1 e Boundary - - USACE Right of Way 'AND xnvlGFAlEV74RUUP Sae' :obNiYnb6r: 2�21 t9 i`1C�M_n• , r`ITV -- 1"=60' LMG20.190 J 2 + 10 3+00 4+00 c 00 0 \, . • o 00 g ',� • =4i�/i:`�•.. &4641.4.1b �.► #%'i ♦ �ii,ri4!► �`�i►=, i`►i►i i.i►-i �4�i� •Alill4P4-� �4�'��'��►��►. dC?0�i.•�i�.��= ♦??�'r.dri x.♦ 't;e4-4`41!! •..►.a . i & t _fit=Q = ♦ �►S. A USACE 414 pF li cfr* ;i41144""+-4'+'cA•:s'ip,=�r i♦i,♦, 144,6�i�•iG>�iiii.4., Aie-- 1"? ,�i♦ _- —�-- -- 4►q,�.�r►�ii3iC♦�i♦��►i�♦iii�►�►s>��♦,�♦i♦ ♦ _i..�. •► Navigation Channel USACE Right of Way USACE Setback 2 0 Horizo al V=40' Proposed Maintenance Dredge Area (-e2,355 cubic yards) 5 - -- ----MHWS4.) -- ---- -- -- - I - -- -- - - MHW 4' i • USACE - -- Approximate Existing Grade Navigation r �_ _ Channel o �, •+ wv-i-r i - . , ♦♦ ♦♦♦♦♦� '♦♦♦♦♦♦♦♦♦♦�►♦♦♦♦i♦ ♦4 . #v♦♦♦♦♦iii♦i♦♦♦♦ - •1. ♦�►♦�♦♦♦S♦� ♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦# ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ • ♦��♦♦*♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦ ♦♦♦♦♦♦♦♦♦♦i♦♦♦♦ 1♦♦ CIz . - 4111.411 . .�_�_�►_♦.♦.♦.♦_♦ i 1."I,4 -♦.�►.♦. ..►. iiiii.♦.i.. .!I►-IP'- �i!_ ^ -5 > 'roposed Maintenance Dredge Cut Dredge .Cut. Extends - -5' MLW, 20' Width) Pro osed Maintenance Dredge Cut to �C' MLW at yo • (-6' MLW, 30' Width) Time of Construction _10 1 +00 2+00 3+OU 4+00 5+00 0 0 Y Vertical 1"=4' Horizontal 1"=40' .egend NOTES. iry(22-21 1. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY 0 2. DREDGE CUT EXTENDS TO-5'MLW AT TIME OF CONSTRUCTION. !/J)3. MLW DEPTHS PROVIDED BY APPLICANT TAKEN JULY 2020. RECEIVED Protect Date Revsbn Dale Deep Creek 6/18/2021 N/A lel JUL 1 J 2021 LM G Maintenance Dredging r stirs:an.r:nrt r r.r, Scale 'Job Number edge Boundary rwer�,,,�, ,,, Tale As Noted LMG20 190 :Ilk .'.. ' 1lPP 41" `• '-."-A • • •ram : . jit., �',i.+',✓. -3:� tis}:� �' 1 .s ` F �{{ \IIn . 0 ' f .•. `� ;s .4.:,_= - , D . �e- .. Cre Run •. 1 ;:sit �'} li.,,C.‘.1'..:.,‘ �v�"'�ri� :‘,. ,,,,:,-,t,.,, � � f � �s�T' � �� \ �� r iir Middl : • d 2020 Dee• Creek t ", , ,; ` � ,. ;w ��: .. °I Mason Harbour Bo` slip Coa Inc ,'... . _,-,: cr:. l : , ti, ` ..' ....I; ! .. \*,.. — .fr... 1' '' , „... ,.., • , •-y • • ' ` °at '' - ki ` =, `. ���. off ��- USAC ir 1 � ,, Ask f \\.. 7 .- , \ :/...... . 'x ,�,' USAC' '� / \, +� CHAN • w + ,. .. , \ w,� •. ter` lb • �% ' /It • , V \ ..' •riee Legend NOTES Subject Parcel Boundaries 1. 2018 PARCELS AND 2016 AERIAL FROM NCONEMAP. NHC Tax Parcels 2 NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. P.oec, Date USACE Navigation Channel 4 LMG Deep Creek eal;zo2o De z USACE Setback "`P"• 4° 1 =150 Mlle S cowpony 3805 WhghtsvdN Ave Suite 15 Site Location and pramie Ay 0 0 Wimngton,North Carolina 28403 Ex sting Conditions WAD 910-452-0001 \hili i . lir; • - ;f4elifit, r 1 30 * a erne 40 NS . lik 1 • 1 el I A .• .,.. • 4w.... , IIII. \ v It di 4 , ..,4iiii,k - /h. 4 ti 4111.•' lilt ' 1111411 toil • 4 0 tit \ . iir 4 i • IFS rf .. , * + ' 01111.16" '1.r' - lb.•11► la * ; IL , t x , is .I. • ‘ 41Ih > TCURRENTMAINTENANQDREDGE -Ito . 4%. ffrfiliN I BOUNDARY 1S • , 4 v., , ,,, ,;, . ,i/ i. N4L‘i I,.41,2ir,4011:44.1. ie IV Or \111/11:1114164/11141/11‘ —Nok: ailltp ,..., c' , . . cc 111 ♦ j rat / /4 0 , 114 . )111 lit. la"4 * ,, . tisli.- , , r: ...,. ." �`, ' 4 4, t 4 ' • 44 ,Akiji/t 1 \ 4 I t r • Tr ilk 0 ' Ito USACE NAVIGATION � 4 4110 '00` �' � CHANNEL 444411, ., 141t4 , ipi, „1 00' . i Iii 1 } . . • it I i Ilk' y Subject Parcel Boundaries Legend NOTES. (Outline) 1. 2018 PARCELS NCONEMAP. P,a� Date 2. 1966 AERIAL FROM NHC GIS. LMG Deep Creek 8/21/2020 Proposed Maintenance Dredge Boundary 3. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. 4Dredging Scale I A\n MANALEMEM LAMP NTS USAGE Navigation Channel f°^w•, Tate 3505 tAlrghtav,Ne Ave State 15 1966 Aenal Drawn By Wlrn ngton North Carolina . rX a l} - .* - • w., I 4MP CURRENT MAINTENANCE DREDGE BOUNDARY iir. ds 4tit i If I *,.: :it 10 ill1/4‘ i . .-- ) A ,.i.. i i t 1 III t 1 1.N i b. [ . , . ., .,• , ; • . . . , ii 11111,• \ II \ \\ 11111111110. • • A- USAGE NAVIGATION :1: CHANNEL Ito iir Pit' ft i , ,vft . / 41 et = - ,,ski I..'Legend NOTES Subject Parcel Boundaries 1 2018 PARCELS NCONEMAP. (Outline) 2. 1981 AERIAL FROM NHC GIS. - Praeit Date Proposed Maintenance Dredge Boundary 3. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. 4LMG Deep Creek 8i21i2020 Dredging USAGE Navigation Channel 1AVDMAMA,°4PrTbNt,i P Scale .,,, Tue NTS • 3805 Wroghtsnlle Ave Suite 15 g81 AerialDrawn By Nhlmington NorthCarobna28403 GSF . 111"" it. . -7- . ,16 . . , oh . / -7-.---ift, •' . 4 IPVI f . . i1. . i; itc, '!t P ... t ‘4,6 4,. * sl i."1. . „ • - • ..tor r = r ,* -0,-,. ; -... , • ''... a- .- ''' .': .4141C-#6%1.-. 4*. t• 1, e j 1;1.1*E • 1 , 1�� �s/ • • I • •` I a ^ t •, �. _,y,_;'�+ .. I, ,s F. A � � ~ " '� • �•, .�� r roe' C 'RENT MAINTENA D'EC �. t • ! o �, •,,•, '' ' •. '•1 ,�, • •• < 4 BOU ' 'Y v • .,,-.44.- .:,4.9":** . . ..:rvo • / a._Ilk ..„( s„, It . ,• r I •• 1,. t„ N<Ir\dot �r •• i .t., A 54. ! ..-4 / .. . ....1 ‘.... .. . . _ ., ,.... . . ., .. .. . -t ,, • . .. .....0.v. , .... . ,, N. . ,,,, • r .1 i ' . . i/ .60 ''' ' tit \..,' • . ‘. • ,' •\ / • • 31% iiiOtt '�' r. / b 1 I % USA 1 '"lot) `' o` io r Allictiikei RENT OUTER % I t:` a ',? • iGOFRS rr .44,v ` / < fit• •/ • • f ,i .� . • ` t t / • II / ot illt‘. ',., , 4 Ni Sew- • s. ➢ I I \ .. ''\fiLl.il i/./ / / A �' .{ . �, • i i /. ...,.. , . • 4. 1 op 4 ' ' #„,i ., w. 4 i A — i f f // ?. . e .I . .... .,. .,-..-,. . _ . . . . . • . - - .......4 ;,,, , .. Legend NOTES. Subject Parcel Boundaries 1. 2018 PARCELS FROM NCONEMAP. NHC Tax Parcels 2. 1998 AERIAL FROM NHC GIS. Protect USACE Navigation Channel 3. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. 4 LMG Deep Creek DM* Dredging 8/21/2020 USACE Setback I e\[>NeNAc.FMF�T[.R[tt:P `�� Proposed Maintenance Dredge Boundary - , it,. r=goo 3805 VVrghtsvtlie Ave Suds 15 .one A .... .—— --- n.- .e.. , -, , -Asvd, . . 41 4,, .. „a,- iiiive41 4 . .... . . _ . .. ad ri .w.z..... ti c c fit -• it.1.4. .., " .•-, c * + ` + `' • Ilk ••ems' T, "Ti, -. '41. 1 S. 'REN LMAINTENAN E D' ` • • #r ••� It � 1 \ ter,. a' •'j j • .1... „A • ♦ ..�' • ��\ I B� ' Y ,.... .31,' •f. :1'4144 . to :r y4 �7 ••\4' P. y ,, 7 t ...•a-r�� _. tii k . ...,..„ -11..1.‘ Wif. .- \ . .. I 1 , , 1 `,• ~ ` .i- . ' 'I\IL .,..1,..a t.i, ,al. •.'_ ':.*\b. • . , i, ; ... 7L., ,.. , r', ' .('..K.' .* • .• • . 1 31.•Nt . i Av. .14.. 411114— - . \ •:: . 4; • .-' r . 04.4 :. ... :v.- ,.., , .... , _. . . ., .. .. _.. . , . . , _ '--P. • ", _.• - et f ' '. 4 f ‘bok - J hj • .� 4 4,} t ✓r o, / ,, \ USA . '1" ^ • • .1. -4.$114 • it ' . \ / . i s. ' At Ift o ♦ - • -i• -war i. a E cam'` I 7 44att• 1••! \ 4 • `\ , !. 6 a 71,1' K A $411, , „ J Pkt it; °le' \.....44 VG .40 vi. 11.,.- ,. i . ' " " • . ...., . 0 timic.i ‘ 4 .„..,-. ... . 4* • ., :rilar—4 „,,, ./ A /11.411°N it*:48 4 ji ,...„,,, . • i, , • • 4.- ! '...,,t -. ,,,' .,'' 7. • iiiiii . . i ql, if pe ' t --;.11 :. - r ,..-, !! , .‘ . ./ .. k. ' ',•."...aftri . g , . ,-,- • ,; viti;,...: da. ...I \ Legend NOTES. Subject Parcel Boundaries 1. 2018 PARCELS FROM NCONEMAP. NHC Tax Parcels 2. 2002 AERIAL FROM NHC GIS. USACE Navigation Channel 3. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. 414.MG Frgect Deep Creek Date 8/21/2020 USACE SetbackDredging Proposed Maintenance Dredge Boundary - - LAND"""µ,ewE"TOAOIP scale r=1o0. .MRr-coap"ry True_ 3805 Wn h14vtlle Ave Swte 15 Q- 50 100 200 VVImngton North Carolina 28403 2002 Aerial Ora+vn By 0141J52llnnl GSF •-- • .:.7.4 Irk • •i . . ,'t 1 f. /1.' '' N %1‘„ .1- A , .- at 4 10 •44 ...., \N - .;/ • 1 , . N-4 r , 5 ., . N..', qi• . . . . 4 . -,, Aik >14, •, , 6 i.: .. .i ' . ' '4# I' '',%. -, .1 1.,.• N .. ..., .. • I•-F e-.,..-. .- ..'.IN,--,.-r-.1 0tb,,.".•11•4.1-1.10t0iFt,-4 4:4';,•',.', - • .,i)l br.i- lk•„,•,.. . . .•., q-- /i_._k....,—..,..:...,,....4•a,yu.--..,..*." ,-l•-‹ .., ,-'4"....''••'4./ .. % '., , , . I ,- '• ...L. N. Itit 9 4 ..•. - . . i " .i' - . , . • - 0 „‘ _040 - 40I 1, . 60 ., \ • -0.9'Q"., . wt... ,,,.. ' '," 0 -.6%;., ,,,Ak.. ' ..• , • 'i.. NCO.' ' ' 4 , ii -.N.,. -1‘N OD•Ilk 10,, 011, , •• 'gm • - sni• ' s 1 -- • . A ink * , / .16 . . . it.. 1'• Docking facilities - _ - 4. 4 -1 ,e- .4 .. . , /- -0 deh,:• %. VA..' 414/4' Ilit ' ,/- _Acr, _i_.30:,' , ii ..4. . iik, 58 i f. - - - . ...1 .,, Ilt. . .,, .., . • .., . :,.., i - -- 4 • i• ... \ ti i 41•44./4 / -- . i ,- -1( al 'V ,,,,.- -. • -.• . -.- N Newpwir" ''.1c- -,.. . .• \ `-•0 80 ' E ,ISTINr • /0/• ) ' . . ,\ • •44 RIP R A 4 .t1lU141.t ifl-4ia.i 114*.\•'i i.sr,,,...•.7\-.i I\t.l h•t,at 7Ai-,h.i' • 4,q.l4.,S 4...:.1.':4.',_-r_.--..i,•',•1"', ,,,,t.„.• - '4,'°. -.'l' ‘.. ' A"ftv...# if,,4•/1'"u'./,.4‘',-ii,t.l7•t ' , 'iq.'",,•7 t5., ,'I•V-1 sk'„„'i1t,s1-.e.A:!.,lk i/-t,.lk•j ill1lW, S'. '•.• 0-\.,.\•e-N N\N•,%\,N-s.-s i,,,••N\-t.''..,.. ',,\.„;,0-.--.\•1.\,.".„•.i f8 * . • ,,. / 1 e .,.,.•,,,•4 e , , -'46A%i\*•, •,,-*,4'...r., - ' 4- 7 * ' / 1 2•GO ' .s -O•w i-v .,e...,..., ,.,,••4:.14',4r:,,,.N•..,...sii.,.„a • N ilit .'- . • \ ‘ . ' •'•,‘4... . . . I IL\ /- • .11 %164 41.41.4 i •0 .., 4/ . - 4. ,--• ',..,••„ • - . a • . :•• -44t_\...'.. LvL.e li.-'K"tA.-'.s,;i•1/4.',., A...-.•-ir•ii r:A•lo-r-.,\.—\,.\}'4\••.\.\; -•-• $.s. ,..•.,,.4-i-,ll'i•a1i•°..,,i.t e'.L4..17111f., i.ir.:, ..... :-Z•' ••••$-..00e:, :..%.- •''.•,.. . .-.••s...'.. .• 0'0 9..0• '$1 .IV , / 20 2.00 / 7 / . - , . l. . 20r USACVSETB SETBACK K —, , 4 , ....._ .. . , • • dr . ...\ / / .10 s N / N.N... • 510' ' --' . .. . ,_ ;. USACE NAVIGATI .-' ' •-•-• it' . . , , -Ay,. \- 14,350 S F. BASIN • '!1 . •.-• . -.•. 4... ' sot%.i.,\16' 0 at . , - s (-5 MLVV) • 0 CHAN • •L --.1, , . <:,- - dO,' (IRREGULAR) ? X 10 CHANNEL, „- • ...) . . - . / - (-5 MLW) r Si 'Ai . 1 1---, -,2.JO , N .. t•. N % ...... in - -04f ill b• ' .,\. ,\ • ' . dr. • • , , , N''' • ; '. --.1.___/ ; bl ..", . .. 4. yz,N %,. " % .. i. • • -^ , •. , f"- , • • % 00 ,,,..4. • - 1— N.4*.*•,\6.00 '.t .,• -41( . .• . .c:, , .fw •• - , .... • \ .i ,.7.,,i, k .4 .. 9. • ..,(.• 47.: ?., • k , . r ., It , ..• ..‘,• ,, .* • . • - i :,..... it •• , 4.- " ' .. 711. , 4, .. .. .•,. , . .... . . . ,. • . . . , ,..., ._. .., , ra, • • • _„ :.- .,. - -. Legend NOTES. Subject Parcel Boundaries 1. 2018 PARCELS AND 2016 AERIAL FROM NCONEMAP. Outer Edge of Marsh 2. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. NHC Tax Parcels 3. MLW DEPTHS PROVIDED BY APPLICANT TAKEN JULY 2020 Channel Centerline Project Date Proposed Maintenance Dredge Boundary - - - - - - - - - Deep creek 8/21/2020 Existing Bulkhead ENG Dredging Scale MENT tAl 1 r 1".60' a NM*company I tie 3805 Wrightsville Ave Surte 15 Plan Mew Drawn By 9.....— 30 0 1?0 Warrington North Carolina 28403 Access Channel and Basin wen Outer Ed - 'r# .- lit 1 USACE NAVIGATION . r" CHANNEL l', s- vvv USACE SETBACK ; - - ' W APPROXIMATE NH 'i .. Apr..., � \\ `O \\ ' -��t i ' ''RICIMATE MLW M \\\\ or \\\\\ I �I •• DEPTHS AT TIME • tN..... . '.'[t`. y. `4 �`, * ' OF PERMITTING lill ../ . _ ,i-,... s,......,_ •., . ...ii ,. • N N N. N N. N. 7,' . ////‘ - , a1or_ I • • . / MAINTENANCE DREDGE CUT ,r -1 . 1 EXTENDS TO 2 5' MLW AT TIME • -1 .4' N. OF CONSTRUCTION. " •N 15' . �s .y, , -1 .6' . ... . .2.N1,--- . 4 ,,�\ • gee CURRENT DEPTHS �/ • , ,, '. : . • Legend NOTES 1 2018 PARCELS AND 2016 AERIAL FROM NCONEMAP. Project Boundary 2. NOT A SURVEYED OR ENGINEERED DRAWING FOR ENVIRONMENTAL PERMITTING ONLY NHC Tax Parcels Approximate NHW Outer Edge of Marsh — ----- LM G Project Date Approximate MLW T /�(` Deep Creek 8/21/202 Maintenance Permitted Depth Contours — ACb11ANArIFMEYTaRnt:F Dredging Scale Existing Depth Contours ,o■,nr4<on��y rtle 1"=60' f1 3805 Wnghtsvdle Ave Suite 15 Existing 4-Sip Cocking Faality Drawn By iklill_3 60 0 Wilmington North Carolina 28403 Proposed Maintenance Dredging WAD 910-452-0001 u+UU 1 +00 +00 4+00 5+U 2+ p 3 00 00 ,�r - - o,\, -..-.--.-.-..- "fro 00 Do <,o 00 o o J 1 V '1- 610— Honz A - Proposed Maintenance Dredge Area (-596 cubic yards) 4 0+00 ( To,/ 3+00 4+00 5+0C 5 . . } _ 1 I + 1 -- MHW(4') - -� -- -- - -- ---- -- -- -MVV�4Z ----- -- -- - Approximate Existing Grade m C CD CH II IF V' W' V' II Mr IF 'I IV NV Mr V���1�l�. ♦ mr. . D — 4) # t NI 1 Proposed=Maintenance Dredge Cut (-5' MLW) -10 i I I I , }` . 1 1 _ I f :.. i _ .. . i.. 0+00 1 +00 2+00 3+00 4+00 5+0C q Vertical 1"=4' Horizontal Legend NOTES: Proposed Maintenance Dredge Boundary 1. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. 2. DREDGE CUT EXTENDS TO-5'MLW AT TIME OF CONSTRUCTION. Proposed Maintenance Dredge Area (-596 cu yd) (/\/\/\/\/\A 3 MLW DEPTHS PROVIDED BY APPLICANT.TAKEN JULY 2020. Outer Edge of Marsh - LM G Maintenance Project DDre Creek Date Dredging Scale 8/21/202 !A\0 Mk`.' "4F\T,.Ri r . Yav4 mmo..r Title As Note( d 3805 Wrightsville Ave Suite 15 Channel Profile Drawn By Wdmmgton North Carolina 28403 �11.11 " 1-' 1 1 - 1 7 ! 1 I r Ill I 1 1 1 I I I I I i i : a• it5 O1 I ,,-i 1 I 1 1 1 tI_ t � . �_ I I [ L I 1 f 1 __ ............ I l.i . 1 I■� ��sm�r m mall✓♦ �.,,r, r. , ,..„ _......„................„..........__..........................,._.....,. mm ►7m �0• ..... ...............................,.-..-..o.m.n.a.t.....:.n.-.m.a.—..a...is—la,..la—_.siu_....r....a.—...v.i.—..m.t_.._i....m.......i".=....... rd11=1•1 = 0_ I♦ . IM MIC7 ---- , . /.It111/41 . ..... 0 ■ I aar.PTO MIIMIIMEIMMMIIIMIL 111=11 1 1M=_Y07 tr■,■I■1 I■a - f = ■mow ■, 70 • a,_• ■••• .. . •"'O O ■ , m ■ + -n • + fi O -T ' t ' 1 ` 1 ', L/801:c-i s • ;fir ., Horizontal 1 Existing Bulkhead Proposed Maintenance Dredge Area (-2,500 cubic yards) ) -C 5 0 3+00 4+00 I -- -- -- -- -- --MHW '_) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --MHWial ,- -- -- -- -- -- -- ---- -- -- Approximate Existing Grade K - r IIIII �ii. + 0 fD al- 1- I 1 -1 1 1 1 co 1 1 I I I L 11 l 11 I 1 1 1 1 G - �-- 1 1 1 1 I 1 11 Illl1.i_LIIIIllllll ] f I I 1 I111111111I I IIIlII1 �' =r I I 1 1 I I l 1 1 t t I 1 1 I I l 1 I I 1 I I � 1 1 1 1 I I 1 [ ( 1 I I I I I [ 1 I I I ( I I 5 I 1 1 I I I_ I 1 1 1 I I I I -L i i I i I 1 1 1 — m 1 1 I 1 1 1 1_ 1 1_ 1_ 1 ) 1 1 1 1_ I_ I_ 1 1 1 II i� 1 11 1 1 I I 11 1 1 1 I 1_ 1 1 1 1 1 —I I I I l 1 1 l I 1 1 [ I I I I 1_ I_ I I I I 1 lI I I [ 1 I 1 I 1 1 1 1 I 1 11 1 I I I 1 1 1 1 1 I r 1 l I 1 r i 1 1 1 1 11 G ( I 1 1 I 1 1 1 1 I 11 i 1 1 I I I I I I I I I 1 11 5 • Assumed 3-. 1 Slope roposed Maintenance Dredge Cut (-5`_ ML1l�/) -10 . .f. . . l .t - . _10 0+00 1 +00 2+00 3+00 4+00 — d 41 q a Vertical 1".4' Horizontal 1"=40 Legend NOTES: Proposed Maintenance Dredge Boundary 1. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. Proposed Maintenance Dredge Area(-2,500 Cu yd)f' 2. DREDGE CUT EXTENDS TO-5'MLW AT TIME OF CONSTRUCTION. Outer Edge of Marsh 3. MLW DEPTHS PROVIDED BY APPLICANT.TAKEN JULY 2020. Existing Bulkhead Project Deep Creek Date: 4LMG Maintenance 8/21/2020 Scale I fan MAMA,FMr.]T GenuP Dredging EV.company TItle HOted O 3805 Wngntsville Ave Su to 15 Basm Profile(1) Drawn ay Wilmington.North Carobna 28403 WAD ---�' 910-452-0001 NM Ini III NI in am __ ____ . c§41 c) so _ ___ , •N . • C al — — 1 4_ IP- /_____ C 1 MN — fi No iii — — — iii MB N Honzont Proposed Maintenance Dredge Area - ,..,,-Lit., Existing Bulkhead 10 "''' i Proposed Maintenance Dredge Boundary I Outer Edge of Marsh 5 - 1 1 -"-'• '--j--1 MHwre'l — I I — c r- I M 0 r-. I 1 CD CD < < O ` tI I 1 O' • 1 t t I I I 1 , • • I t I -5- Approximate Existing Grade Assumed 3:1 Slope -10 7 _- . I - ,t• -10 0+00 1+00 0 2_ 0 25 50 r Vertical 1"=4' Horizontal 1"=t Legend NOTES. 1. NOT A SURVEYED OR ENGINEERED DRAWING.FOR ENVIRONMENTAL PERMITTING ONLY. Proposed Maintenance Dredge Boundary Proposed Maintenance Dredge Area(-2.500 cu yd)i• , r , • , 2. DREDGE CUT EXTENDS TO-5'MLW AT TIME OF CONSTRUCTION. Outer Edge of Marsh 3. MLW DEPTHS PROVIDED BY APPLICANT.TAKEN JULY 2020. Existing Bulkhead LMG Project Deep Creek Date Maintenance 8/21/2020 Dredging Scale LSD MANAc;EM ENT t,N •molt.comp.ry Title As Noted 3805 Wrghtsvdle Ave Swte 15 � �. , ^-_-_.. - — Depths at Time of Permittinc -1 ' -1 .5' -r, -2- '- - -.- H �- 51 .5 —6-I N CO II D M t7 I D 0,th,. Hon; `6— Current Depths Existing 20' long x 20' wide covered gazebo (roofline) Existing 214' long x 6' wide fixed pier Proposed Maintenance Dredge Boundary I? D' 10 8 I Existing 30' long x 6' wide floating dock 8 6 4r ./ 6 4 rdtJ.W � — — — 2 2 4 0— — - I •/ �vY _ 0_, —M/— — — — --- � ..���� f -_ _ ,%�// /f:/ty/fft /ii � -- - - - -6 s: n_ n Assumed 3:1 Slope - - -8 -8 7-1. Approximate Existing Grade O+I00 04-10 0+I20 0+130 O+I40 0+I50 0+I60 0+70 O+IBO OI90 1+I00 1+I10 t+I20 Propsed Dredge Area (-285 cu yd) Maintenance Dredge Cut Extends to -2.5' MLW at Time of Construction Horizontal a Legend NOTES: Proposed Maintenance Dredge Boundary -. - - - - • 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Proposed Maintenance Dredge Area (-380 cu yd) '/////////. 2. DREDGE CUT EXTENDS TO-2.5'MLW A7 TIME OF CONSTRUCTION. Outer Edge of Marsh 3. MLW DEPTHS PROVIDED BY APPLICANT.TAKEN JULY 2020. Mean High Water — — Project Deep Creek Da1e a 21 z Mean Low Water — 4LMG Maintenance Dredging Scale I A\-n MA VAi:FMENT GROUP As No a O011114 comp.., Title 3805 VNlghtsville Ave Suite 15 Dock Prone Drawn By VWmington.North Carolina 28403 WA(