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HomeMy WebLinkAbout04-03 Minor Mod/TX 03/2006 E.W.N. Development, Inc. V� Permit Class Permit Number MODIFICATION/MINOR 4-03 TRANSFER STATE OF NORTH CAROLINA Y Department of Environment and Natural Resources and Coastal Resources Commission COPY Permit for X Major Development in an Area of Environm Concern pursuant to NCGS 113A-118 MAR 2 7 2006 X Excavation and/or filling pursuant to NCGS'i@aa �` u E NDevelopmentCI`r DOM Is sued ed to .W. . Inc.,PO Box 899, Powhaten,Virginia 23139 Authorizing development in Dare County at adj. Pamlico sound, Lots 1 &2 Mullen Haskett S/D, off Old landing Rd., Frisco , as requested in the permittee's letter dated 2/2/06, including attached workplan drawing (1), dated 5/1100. This permit, issued on March R. 2006 , 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. Shoreline Stabilization 1) Unless specifically altered herein, this minor modification/transfer authorizes the installation of 525' of bulkhead, all as depicted on the attached workplan drawing. 2) The alignment of the authorized shoreline stabilization stuctures shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The repair of the existing bulkhead must be completed prior to any backfilling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department V /� personnel when the project is inspected for compliance. r Any maintenance work or project modification not covered Cha e s S. Jones,DirectorDivision of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Si of Penuttee Y}4+'-'.45*9✓{.AYY `-0-0-0�D{-0-0i-?D•' -0-0tr6-0-09'Y}4-0�}C4•Y-0�-0�,-0-0� E.W.N. Development Inc. Permit#4-03 ` Page 2 of 4 ADDITIONAL CONDITIONS 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) No excavation is permitted except for that which shall be required for the repair of the existing bulkhead wall, installation of deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The backfill material to be placed behind the existing bulkhead shall be clean and free of any pollutants except in trace quantities. 7) All backfill material to be placed behind the existing bulkhead shall be obtained from a high ground source and confined behind the permitted bulkhead. 8) No backfill material is to be placed within 30 feet of the normal high water line, except that which shall be used to backfill the area behind the existing bulkhead. Breakwater 9) The riprap to be placed waterward and landward of the existing concrete culvert breakwater shall have at least one, five foot opening every 100 feet. 10) The riprap shall be no higher than the height of the existing concrete culverts. 11) Breakwaters shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above mean high water. 12) No backfill of the breakwater or any other filling of wetlands is authorized by this permit. Docking Facility 13) This permit authorizes the pier, platform, finger piers and pilings as described in the permit application and depicted on the attached workplan drawings. No other structure,whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 14) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 15) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 16) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. E.W.N. Development Inc Permit#4-03 Page 3 of 4 ADDITIONAL CONDITIONS 17) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 18) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. 19) This permit authorizes a maximum of 2 boat slips at the authorized pier. At no time shall more than 2 vessels be moored or docked at the pier. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 21) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 22) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion Within thirty days of project completion. General 23) Except for the work associated with the repair of the existing bulkhead, this permit authorizes no high ground development. 24) All riprap material shall be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 25) All riprap material shall consist of clean rock or masonry materials such as but not limited to granite or broken concrete. 26) No excavation of shallow water bottom or any wetlands is authorized by this permit. 27) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters,the permittee will be required,upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 28) The permittee shall maintain the authorized work in good condition and in conformance with the terms L.-E onditions of this permit. The permittee is not relieved of this requirement if he abandons the tted activity without having it transferred to a third party. E.W.N. Development Inc Permit#4-03 Page 4 of 4 ADDITIONAL CONDITIONS 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 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 level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3371 (DWQ Project No. 021786), which was issued on 11/18/02. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310097. ALT4 RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary March 13, 2006 E.W.N. Development, Inc. P.O. Box 899 Powhaten, VA 23139 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, H Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Permit#��DCM Coordinator: Coordinator: w�/`_ ALLIING DISTR 13UTION:• Pernaltee: Agent: _ ------ -- d" DCM Field Morehea Cit Washington ' Wilmington US Army Corps of Engineers(USACE):. Washington: Mike Bell(NCDOT) •e(N OT) tale!ighBland. Wilmington Dave Timpy(NCDOT) Henry Wicker ' Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Terry Pierce Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: Cyndi Karoly(for non-DOT) John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: Maria Tripp Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT)_ LPO: FAXING DISTRIBUTION: Pen-nitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/2514025) CANLA Major Permit Process Manual Page 70 of 70 ALTO WA • NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G.Ross Jr., Secretary MEMORANDUM EvEn{ Eg 1 3 Z006 TO: Doug Huggett, Major Permits Coordinator oreh� Y 0CM g P FROM: John Cece, Coastal Management Representative,NODistrict IR THROUGH: Ted Sampson, District Manager,NE Distric DATE: February 9, 2006 SUBJECT: (a) Request for transfer of Major Permit 4-03 to EWN Development/Ed Nunnally for installation of rip-rap and piers (b) Request for Minor Modification of Major Permit 4-03 to stabilize the shoreline along the canal and basin with bulkhead rather than rip-rap REFERENCE: (a) Letter from EWN Development/Ed Nunnally to John Cece, received January 17,2006 (b) Authorized Agent Certification Letter from EWN Development to John Cece, dated February 2, 2006 (received February 7, 2006) (c) 15A NCAC 07J .0406(c), Permit Issuance and Transfer (d) 15A NCAC 07J.0405, Permit Modification Major Permit Transfer Request 1. The request for transfer of this major permit has been reviewed pursuant to the provisions of reference (c). References (a) and (b) provided the required written request. 2. A sales contract for this property, showing the new party as having the sole legal right to develop the project has been provided. 3. The applicant transferee has indicated to me that the permit will be used for the purposes for which it was issued. 4. No substantial changes in conditions, circumstances, or facts affecting the project have been proposed or taken place. 5. No substantial change or modification of the project as proposed in the original application has been requested or asserted. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Major Permit 4-03 Transfer Request February 9, 2006 6. It is recommended that the request to transfer of this permit to EWN Development/Ed Nunnally be granted. 7. The required fee of$100 has been paid and check #6913 from Hatteras Island Properties for this amount is enclosed. (The $200 check also covers the $100 fee for the Minor Modification requested below). 8. Also enclosed is a copy of the subject permit, and the transfer request letters (see references (a) and (b)). Major Permit Minor Modification Request 1. In addition to transferring Major Permit 4-03, EWN Development/Ed Nunnally has also requested a Minor Modification to the permit (see references (a) and (b)). EWN Development/Ed Nunnally has requested to stabilize the shoreline along the canal and basin with approximately 525 feet of bulkhead rather than the authorized rip-rap. The authorized rip-rap will still be utilized to stabilize the shoreline on the western property boundary along the Pamlico Sound. 2. 1 have conducted a site visit to review the Minor Modification request pursuant to the provisions of reference (d). The existing bulkhead has deteriorated and a 2 - 3-foot strip of Spartina patens has developed landward of the bulkhead. However, this fringe of Coastal Wetland is not significant in that it does not provide valuable levels of detritus and nutrients to the estuarine system or offer useful habitat for local fauna. It does not possess sufficient stems, leaves, roots and rhizomes to provide an erosion control function or to trap or absorb nutrients and sediment. Therefore, I recommend that the modification request be granted. 3. I recommend that the standard condition be added to the permit that DCM personnel must stake the bulkhead alignment a maximum of 30 days prior to construction. 4. The required fee of$100 has been paid and check #6913 from Hatteras Island Properties for this amount is enclosed. (The $200 check also covers the $100 fee for the Permit Transfer request above). 5. Also enclosed is a copy of the Minor Modification request letters (see references (a) and (b)). Quible Quible &Associates, P.C. P.O.Drawer870 KM1y Hawk NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING /j/ Phone:252-261- 0 SINCEINCE 1959 \��{�/iD� 3 Fax:252-261-1261260 PRINCIPALS l/ Sean C.Boyle,P.E. DEC O ry O 4n Joseph S.Lassiter,C.E.P. c ' I J 1 / Eduardo J.Valdivieso,P.E. { v ° ASSOCIATES 111 Joseph J.Aniauf,P.E. December 1, 2006 Morehead City D C M Katherine C.Marchello,P.L.S. Mr. John Cece NC Division of Coastal Management 1367 US 17 South Elizabeth City, NC 27909 Re: Renewal and Refinement of Major CAMA Permit#4-03 Dear John: The purpose of this correspondence is to request the renewal of Major CAMA Permit#4-03. The permit holder and current property owner is E.W.N. Development Inc(EWN),PO Box 899, Powhaten, Virginia 23139. The permit was transferred to the current owners on March 8, 2006 and is due to expire on December 31, 2006. Enclosed with the correspondence is a check to DENR for$100.00 to cover the permit application fee. The permitted project is currently under construction but EWN has determined that they will be unable to complete the project prior to the expiration date of the permit. It is their intention to complete construction during calendar year 2007 and there is no proposed amended to the permitted project other than the adjustment in boat slips described below.. In addition to the requested renewal, EWN request the reconfiguration of the three permitted boat slips and the addition of boat lifts with associated pilings and access piers. The proposed location and configuration of the slips is depicted on the enclosed plan-view drawing of the project area. Thank you for your attention to this request. If you have questions or need additional information. Please contact me at 252.261.3300. Sincerely, ui &As ci t Jos Lassiter, CEP cc: Doug Huggett Ed Nunnally,EWN f. VACANT LOT OFFER TO PURCHASE AND CONTRACT JAIL 1 7 ZDuq NOTE:This contract is intended for use only for lots which have been developed pursuant to a Subdivision O dw o t o Pia City or County and for which a plat has been recorded in the Office of the Register of Deeds in the county in which the prb�peri3 ys��` located. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing,use the standard Offer to Purchase/and Contract (Form 2)with the New Construction Addendum(Form 2A3). h//l/ ,gyrd Ol ASS�J�tJs ,as Buyer, hereby offers to purchase and /fin AV ,0AA4,dt s —,as Seller, upon acceptance of said offer,agrees to sell and convey,all of that plot,piece or parcel of land described below(hereafter referred to as the"Property"),upon the following terms and conditions:: 1.REAL PROPERTY: Located in the City of jT/S'LO ,County of State of North Carolina,being known as and more particularly described as: Street Address Zip "79W Subdivision Nam 4;r- 1#v11,en Atgz� k-ff Plat Reference:Lot 1 an� ,Block or Section as shown on Plat Book or Slide 193 y at Page(s) W6 NOTE: Prior to signing this Vacant Lot Offer to Purchase and Contract,Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property,and to read the Declaration of Restrictive Covenants,By-Laws,Articles of Incorporation, Rules and Regulations,and other governing documents of the owners'association and/or the subdivision,if applicable. 2. PURCHASE PRICE:The purchase price is$ SD�•Dod and shall be paid as follows: (a)$ s'�(7 ,EARNEST MONEY DEPOSIT with this offer by 0 cash personal check El bank check ❑certified check❑other: to be deposited and held in escrow by /IlOne ("Escrow Agent")until the sale is closed,at which time it will be credited to uyer,or until this Untract is otherwise terminated. In the event:(1)this offer is not accepted; or(2)any of the conditions hereto are not satisfied,then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller,upon Buyer's request,all earnest monies shall be returned to Buyer,but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request,but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker,the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b) $ I/V ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ ,BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a de of trust on the Property in accordance with the attached Loan Assumption Addendum. (d) $ f�11 ,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ 1/9 9 S DiD ,BALANCE of the purchase price in cash at Closing. 3. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) Buyer must be able to obtain a ❑ FHA El VA (attach FHA/VA Financing Addendum) O Conventional Other: loan at a ❑Fixed Rate Adjustable Rate in the princi al amount of (plus any financed VA Funding Fee or FHA MIP) for a term of year(s), at an initial interest rate not to exceed %per annu ,with mortgage loan discount points not to exceed %of the loan amount. Buyer shall apply for said loan within days of the Effective Date of is ntract. Buyer shal use Buyer's best efforts to secure the lender's customary loan co m� ent letter on or before and to satisfy all terms and conditions of the loan commitment letter by Closing.After the above letter date,Sel r may request in writing from Buyer a copy Page 1 of 4 This form jointly approved by: STANDARD FORM 12-T North Carolina Bar Association C ©7/2002 I North Carolina Association of REALTORS@,r C. Buyer Initia Seller Initial 1 1r'_ This Iorm produced by O U/atOr;Fomrs Soihvare 800.336.1027 y=� V E.W.N. Development Company P O Box 899 Powhatan, Virginia 23139 804-598-0463 February 2, 2006 Mr.John Cece Division of Costal Management 1367 US 17 South Elizabeth City, NC 27909 Dear Mr. Cece, This letter is to certify that Mr. Edward Nunnally is the sole proprietor of E.W.N. Development and is the authorizing agent for E.W.N. Development. A request has been made for a transfer of major permit#4-03. E.W.N. Development will use the stated permit for the purpose for which it is issued. A request has been made to install a bulkhead rather than rip-rap- other than that request, there are no substantial change in conditions, circumstances or facts affecting this project. We propose no substantial change in conditions, circumstances or facts affecting the project, other than what was previous stated. Should you need further information or have further questions please don't hesitate to contact our office at the above number. Sincerely, k4/1 I I Rachel Huff E.W.N. Development mcbm of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this 4 loan condition within five days of receipt of Seller's request,Seller may terminate this contract by written notice to Buyer at any time thereafter,provided Seller has not then received a copy of the letter or the waiver. (b)There must be no restriction,easement, zoning o otl)er vernmental regulation that would prevent the reasonable use of the Property for purposes ("Intended Use"). (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and tear excepted. (d)All deeds of trust,liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title,free of all encumbrances except:ad valorem taxes for the current year(prorated through the date of Closing);utility easements and unviolated restrictive covenants that do not materially affect the value of the Property;and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk,paving,water,sewer,or other improvements on or adjoining the Property,and no pending or confirmed owners'association special assessments,except as follows: (Insert"None" or the identification of such assessments, if any.) Seller shall pay all owners'association assessments and all governmental assessments confirmed through the time of Closing,if any,and Buyer shall take title subject to all pending assessments, if any,unless otherwise agreed as follows 5. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided,the following items shall be prorated and either adjusted between the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing;(b)All late listing penalties,if any,shall be paid by Seller;(c)Rents, if any,for the Property shall e prorated through- the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners'association dues,if any,are$ J�Mt-Z per /I B-n-< 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax(revenue stamps)required by law. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property,the amount thereof shall be$ 17on-C , including any FHA/VA lender and inspection costs that Buyer is not permitted to pay,but excluding any portion disapproved by Buyer's lender. 7. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract,copies of all title information in possession of or available to Seller, including but not limited to:title insurance policies,attorney's opinions on title,surveys,covenants,deeds,notes and deeds of trust and easements relating to the Property.Seller authorizes(1)any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys;and(2)the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's(or title insurer's agent's)file to Buyer and both Buyer's and Seller's agents and attorneys. S. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 9. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before Cl O-3 —, at a place designated by Buyer. The deed is to be made to. CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 10. POSSESSION: Unless otherwise provided herein,possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Page 2 of 4 1 STANDARD FORM 12-T i ©7/2002 Buyer Initi Seller Initial This tam produced by FOrmUJ OIL'Forms Software 800-336-1027 11. SEWER SYSTEM(check only ONE): O Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. 0 D Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Seller represents that the system has been installed,which representation survives Closing,but makes no further representations as to its condition. This contract is contingent upon Buyer obtaining an Improvement Permit from the County Health Department("County")for a (check only ONE) conventional or El other ground absorption sewage system for a 3 _bedroom home.All costs and expenses of obtaining such Permit shall be borne by Buyer,except Seller shall be responsible for clearin that portion of the Property required by the County to perform its tests and/or inspections no later than 9- /- D . Buyer shall use Buyer's best efforts to obtain such Permit. If the ground absorption sewage system is not permitted,Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer shall have until q-1 -O ,time being of the essence,to provide written notice to Seller that this condition cannot be satisfied,otherwise the condition is deemed satisfied. 12. SOIL,WATER,UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining report(s)that(i)the soil is suitable for Buyer's Intended Use, (ii)utilities and water are available to the Property,(iii)there is no environmental contamination,law,rule or regulation that prohibits,restricts or limits Buyer's Intended Use, and(iv)there is no flood hazard that prohibits,restricts or limits Buyer's Intended Use(collectively the"Reports"). All costs and expenses of obtaining the Reports shall be bome by Buyer.Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained,Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer shall have until C'_ (-'D 3 , time being of the essence,to provide written notice to Seller that this condition cannot be satisfied,otherwise the condition is deemed satisfied. 13. RIGHT OF ENTRY,RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property,and performing the tests and inspections permitted in Sections 12 and 13 of this contract,If Bu er terminates this contract as provided herein,Buyer shall,at Buyer's expense,restore the Property to substantially its pre-entry condition within thirty days of contract termination.Buyer will indemnity and holdSeller harmless om a f- 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.This indemnity shall survive this contract and any termination hereof.Notwithstanding the foregoing, Seller shall be responsible 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. 14. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) A) Sz,- Av,,a* 4v alrrlvv-c SeAe e m4- P-e" 15. RISK OF LOSS: The risk of loss or flamage by fire or other casualty prior to Closing shall b upo Seller. � X 'exC 16. ASSIGNMENTS:This contract may not be assigned without the written consent of all parties,but if assigned by agreement,then" this contract shall be binding on the assignee and his heirs and successors. 17. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties,i.e.,Buyer and Seller and their 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 REALT01M or broker and Seller or Buyer as contained in any listing agreement,buyer agency agreement,or any other agency agreement between them. Page 3 of 4 STANDARD FORM 12-T ©7/2002 Buyer Initials' c�e_ Seller Initials Y This form produced by Formulator Forms Software 800.336.1027 20. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such parry's agent. This offer shall become a binding contract(the"Effective Date")when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals,all of which together constitute one and the same instrument,with a signed original being retained by each party and each REALTOM or broker hereto, and the parties adopt the word"SEAL"beside their signatures below. Buyer acknowledges having made an on-site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORSO, 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. Date: -7- - Date: 2 Buyer (SEAL) Se er (SEAL) Date: Date: Buyer (SEAL) Seller (SEAL) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date ?- a Y r O 3 Firm: By: ( gnature) Selling Agent/Firm/Phone iggen Acting as 11 Buyer's Agent Seller's(sub)Agent�Dual Listing Agent/Firm/Phone T)�71 Jo A� Acting as ❑Seller's(sub)Agent .Dual Agent Page 4 of 4 STANDARD FORM 12-T ©7/2002 This form produced by ForMUlatoe Forms Software 800-336.1027 DUAL AGENCY ADDENDUM • TDUM hereby modifies the attached:(Instructions:Initial applicable agreement) NCAR Form 4101 (Exclusive Right to Sell Listing Agreement) dated 2/20/03 NCAR Form#201 (Exclusive Right to Represent Buyer) dated NCAR Form#203 (Agency Disclosure&Non-Exclusive Buyer Agency Agreement)dated employing midneft (hereinafter referred to as "Broker"). The term"Broker" shall sometimes hereinafter include Broker and its individual sales associates,as the sense requires. The potential for Dual Agency arises if a Buyer who has an agency relationship with the Broker becomes interested in viewing a property listed with the Broker.A Broker may represent more than one party in the same transaction only with the knowledge and informed consent of all parties for whom the Broker acts. 1. DUAL AGENCY: It is agreed that Broker, acting by and through its individual sales associates,may serve as both Seller's Agent and Buyer's Agent in the representation of Seller's property to Buyer should circumstances creating Dual Agency arise. In the event Broker serves as a Dual Agent,the parties agree that without permission from the party about whom the information pertains,Broker shall not disclose to the other party the following information: (a)that a patty may agree to a price,terms,or any conditions of sale other than those offered; (b)the motivation of a party for engaging in the transaction,unless disclosure is otherwise required by statute or rule;and (c) any information about a party which that party has identified as confidential unless disclosure is otherwise required by statute or rule. Buyer2. BROKER,S 13UAL A-GENT ROLE: If Broker serves as Agent for both Seller and in a transaction Broker shall make every reasonable effort to represent Seller and Buyer in a balanced and fair manner.Broker shall also make every reasonable effort to encourage and effect communication and negotiation between Seller and Buyer. Seller and/or Buyer understand and acknowledge that: (a)Prior to the time Dual Agency occurs,Broker will act as the exclusive Agent of Seller and/or Buyer; (b)In those separate roles Broker may obtain information which,if disclosed,could harm the bargaining position of the party providing such information to Broker, (c) Broker is required by law to disclose to Buyer and Seller any known or reasonably ascertainable material facts. Seller and/or Buyer agree Broker shall not be liable to either party for(1) disclosing material facts required by law to be disclosed; and(2)refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party's bargaining position but could benefit the other party. 3.SELLER'S AND BUYER'S ROLES: Should Broker become a Dual Agent,Seller and/or Buyer understand and acknowledge that: (a) They have the responsibility of making their own decisions as to what terms are to be included in any purchase and sale agreement between them; (b)They are fully aware of and understand the implications and consequences of Broker's dual agency role as expressed herein to provide balanced and fair representation of Seller and Buyer and to encourage and effect communication between them rather than as an advocate or exclusive agent or representative; (c)They have determined that the benefits of entering into this Dual Agency relationship with Broker, acting as Agent for them both,outweigh any disadvantages or adverse consequences; (d)They may seek independent legal counsel to assist them with the negotiation and preparation of a purchase and sale agreement or with any matter relating to the transaction which is the subject matter of a purchase and sale agreement. Page 1 of 2 [13 North Carolina Association of ALTORSO,Inc. STANDARD FORM 901 REALTOR* Buyer Initials Seller Initials Seller and/or Buyer agree to indemnify and hold Broker harmless against all claims,damages,losses,expenses or liabilities,other than violations of the North Carolina Real Estate License Law and intentional wrongful acts,arising from Broker's role as a Dual Agent. Seller and Buyer shall have a duty to protect their own interests and should read this agreement and any purchase and sale agreement carefully to ensure that they accurately set forth the terms which they want included in said agreements. 4.DESIGNATED AGENT OPTION(initial only if applicable): Buyer hereby authorizes the Broker(Firm) to designate an agent(s)to represent the Buyer,to the exclusion of any other licensees associated with the Broker.The agent(s) shall not be so designated and shall not undertake to represent only the interests of the Buyer if the agent(s)has actually received confidential information concerning the Seller in connection with the transaction.The designated agent(s)shall represent only the interests of the Buyer to the extent permitted by law. Seller hereby authorizes the Broker (Firm)to designate an agent(s)to represent the Seller,to the exclusion of any other licensees associated with the Broker.The agent(s)shall not be so designated and shall not undertake to represent only the interests of the Seller if the agent(s)has actually received confidential information concerning the Buyer in connection with the transaction.The designated agent(s)shall represent only the interests of the Seller to the extent permitted by law. THIS IS INTENDED TO BE A LEGALLY BINDING DUAL AGENCY ADDENDUM THAT MAY ULTIMATELY RESTRICT YOUR LEGAL RIGHTS OR REMEDIES. IF YOU DO NOT UNDERSTAND THIS ADDENDUM OR FEEL IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS,YOU SHOULD CONSULT AN ATTORNEY BEFORE YOU SIGN IT. Buyer or Seller and Broker each hereby acknowledges receipt of a signed copy of this Dual Agency Addendum: THE NORTH CAROLINA ASSOCIATION OF REALTORM INC.7IN NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FOR SPECIFIC TRANSACTION. —7-9 q-03 . s 3 Buyer �111 �of �J+ Date Seller Alan W. Mahanes Date Buyer Date Seller Date Mi ett R alty Midaett Reaity Broker(Firm) Broker(Firm) By:Sales Associate Date By:Sales Associate Date Da Johnson Page 2 of 2 STANDARD FORM 901 0 7/2002 ADDITIONAL PROVISIONS ADDENDUM NOTE: All of the following provisions which are marked with an"X"shall apply to the attached Offer to Purchase and Contract ("Contract").Those provisions marked"N/A"shall not apply. 1. EXPIRATION OF OFFER: This offer shall expire unless acceptance is delivered to Buyer or to❑AM 0 PM, ,on or before on , or until withdrawn by the Buyer,whichever occurs first. 2. INTEREST BEARING TRUST ACCOUNT: Any earnest monies deposited by Buyer may be placed in the interest bearing trust account of the Escrow Agent named in the Contract. Any interest earned thereon shall belong to the Escrow Agent in consideration of the expenses incurred by maintaining such account and records associated therewith. 3. SEWER SYSTEM: This Contract is contingent upon Buyer obtaining an Improvement Permit from the County Health Department ("County") for a (check only ONE) (N] conventional or mother AJ ground absorption sewage system fora 3 bedroom home. All costs and expenses of obtaining such Permit shall be borne by Buyer,except Seller shall be responsible for clearing that portion of the Property required by the county to perform its tests and/or inspections no later than 9-- /r D '3 . Buyer shall use Buyer's best efforts to obtain such Permit. If the ground absorption sewage system is not permitted, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer.Buyer shall have until 9 / -0 3 , time being of the essence,to provide written notice to Seller that this condition cannot be satisfied,otherwise the condition is deemed satisfied 4. FLOOD HAZARD ZONE: Buyer has been advised that the Property is located in an area which the Secretary of HUD has found to have special flood hazards and that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S.Government. 5./�_ APPRAISAL WITH FINANCING CONTINGENCY: The Property must appraise at a value equal to or exceeding the purchase price or,at the option of Buyer,this Contract may be terminated and all earnest monies shall be refunded to Buyer. The cost of the appraisal shall be borne by Buyer. 6. APPRAISAL WITHOUT FINANCING CONTINGENCY: This Contract is not subject to a financing contingency requiring an appraisal. Buyer shall arrange to have the appraisal completed no later than midnight of .The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this Contract may be terminated and all earnest monies shall be refunded to Buyer. The cost of the appraisal shall be borne by Buyer. 7. CLOSING OF EXISTING CONTRACT CONTINGENCY: This Contract is contingent upon closing of an existing contract on the Buyer's real property located at: on or before . If this contingency is not removed on or before midnight of Seller may terminate this Contract and all earnest monies shall be returned to Buyer. Page 1 of 2 This form jointly approved by: STANDARD FORM© /200 7/200 2 North Carolina Bar Association , „��". North Carolina Association of REALTORS®,Ike. Buyer Initi Sellers Initials' _ This form produced by FOlmulat0 FO=Software $00-336-1027 8. ' RENTAL/INCOME/INVESTMENT PROPERTY: The Property is subject to existing leases and/or rights of tenants in possession under month-to month tenancies. Seller agrees to deliver to Buyer on or before , true and complete copies of all existing leases,rental agreements,outstanding tenant notices, written statements of all oral tenant agreements, statement of all tenant's deposits, uncured defaults by Seller or tenants, and claims made by or to tenants,if any. This Contract is contingent upon buyer's approval of said documents. Buyer shall be deemed to have approved said documents unless written notice to the contrary is delivered to Seller or Seller's agent within seven (7)days of receipt of same. If Buyer does not approve said documents and delivers written notice of rejection within the seven day period,this Contract shall be terminated and all earnest monies shall be returned to Buyer. NOTE:DO NOT USE THIS PROVISION FOR PROPERTY SUBJECT TO THE NORTH CAROLINA VACATION RENTAL ACT. A VACATION RENTAL ADDENDUM SHOULD BE USED IN SUCH CASES. 9. COST OF REPAIR CONTINGENCY: If a reasonable estimate of the total cost of repairs required by Paragraph 12(b)and Paragraph 12(c) of the Offer to Purchase and Contract equals or exceeds$ , then Buyer shall have the option to terminate this Contract and all earnest monies shall be returned to Buyer.. . IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT,THIS ADDENDUM SHALL CONTROL. THE NORTH CAROLINA ASSOCIATION OF REALTORS®,INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS,YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. UYER (SEAL) DATE BUYER: (SEAL) DATE SELLER: — (SEAL) DATE SELLER: (SEAL) DATE Page 2 of 2 STANDARD FORM 2A11-T 0712002 Tws tam produced by Farmulatue F«ms software 600-336.1027 OMB NO.2502-0265 A. . B. TYPE OF LOAN: U.S. DEPARTMENT OF HOUSING&URBAN DEVELOPMENT 1.QFHA 2.[]FmHA 3.NCONV. UNINS. 4.QVA 5.QCONV. INS. 6. FILE NUMBER: 7. LOAN NUMBER: SETTLEMENT STATEMENT 22306.11 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked'[POC]"were paid outside the closing;they are shown here for informational purposes and are not included in the totals. 1.0 3/98 Template File 22306.1I.pfd D. NAME AND ADDRESS CF BORROWER: E. NAME AND ADDRESS CF SELLER: F. NAME AND ADDRESS CF LENDER: EWN Development Co., Inc. P. 0. Box 899 Alan W. Mahanes, unmarried ^.i Y s Powhatan,VA 23139 JAN 17 2006 CnAST31Ain ern G. PROPERTY LOCATION: H. SETTLEMENT ACTENT: 32-0031527 ELIZA& VT TL9MENT DATE: NC Highway 12 Aldridge,Seavell, Spence&Felthousen,LLP Frisco, NC 27920 October 31,2003 Dare County,North Carolina PLACE OF SETTLEMENT Lots 1 &2, Mullen Haskett 805 North Main Hwy Division Manteo, NC 27954 J.SUMMARY OF BORROWER'S TRANSACTION K.SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER 101, Contract Sales Price 500 000.00 401. Contract Sales Price 500,000.00 102. Personal Property 402. Personal Property 103. Settlement Charges to Borrovler Line 1400 1,195.50 403. 104. 404. 105. 405. Adjustments For Items Paid By Seller in advance Adjustments For Items Paid By Seller in advance 106. City!-Town Taxes to 406. City/own Taxes to 107. County Taxes 11/01/03 to 01/01/04 223.42 407. County Taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. Ill. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 501,418.92 420. GROSS AMOUNT DUE TO SELLER 500,000.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: l 201. Deposit or earnest money 500.00 501. Excess Deposit See Instructions 202. Principal Amount of New Loans 502. Settlement Charges to Seller Line 1400 55,886.00 203. Existing loans taken subject to 503. Existing loans taken subject to J 204. 504. Payoff of first Mortgage to Bank of America 249,146.741 205. 505. Payoff of second Mortgage 206. 506. Deposit retained by broker 500.00 207. 507. 208. 508. 209. 509. Adjustments For Items Unpaid By Seller Adjustments For items Unpaid By Seller 210. City/Town Taxes to 510. Cit /Town Taxes to 211. County Taxes to 511. County Taxes 01/01/03 to 11/01/03 1,113.44 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220, TOTAL PAID BY/FOR BORROWER 500,00 520. TOTAL REDUCTICNI AMOUNT DUE SELLER 306,646.18 300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TOIFROM SELLER: 301. Gross Amount Due From Borrovver(Line 120) 501,418.92 601. Gross Amount Due To Seller Line 420) 500,000.00 302. Less Amount Paid By'For Borrower(Line 220) ( 500.00) 602. Less Reductions Due Seller(Line 520) ( 306,646.18 303. CASH( X FROM) ( TO)BORROWER 500,918.92 �603. CASH( X TO)( FRCM)SELLER 193,353.82 The undersigned hereby acknowledge receipt of a completed copy of pages 1&2 of this statement&anyattachments referred to herein. Page 2 L. SETTLEMENT CHARGES 700.TOTAL COMMISSION Based on Price $ 500,000.00 @ 10.0000 % 50,000.00 PAID FROM PAID FROM Division of Commission line 700 aS Follows: BORROWER'S SELLER'S 701.$ 50,000.00 to Midgett Realty Less Deposit Retained 500.00 FUNDS AT FUNDS AT 702.$ t0 SETTLEMENT SETTLEMENT 703.Commission Paid at Settlement 49,500.00 704. to 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801.Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Ins.App.Fee to 807. Assumption Fee to 808. 809, 810. 811. 900.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From to @ $ /day ( days %) 902. Mortgage Insurance Premium for months to 903.Hazard Insurance Premium for 1.0 years to 904. Flood Insurance Premium 1.0 years 905. 1000.RESERVES DEPOSITED WITH LENDER 1001.Hazard Insurance @ $ per 1002.Mortgage Insurance @ $ per 1003. Cit !Town Taxes @ $ per 1004. County Taxes @ $ per 1005. Assessments @ $ per 1006. Flood Insurance Premium @ $ per 1007. @ $ per 1008. @ $ per 1100.TITLE CHARGES 1101. Settlement or Closing Fee to Aldridge,Seawell, Spence&Felthousen,LLP 200.00 1102. Abstract or Title Search to 1103. Title Examination to Aldridge,Seawell, Spence&Felthousen, LLP 300.00 1104. Title Insurance Binder to 1105. Document Preparation to Aldridge,Seawell, Spence&Felthousen, LLP 200.00 1106. Notary Fees to 1107. Attorneys Fees to Aldridge,Seawell, Spence&Felthousen, LLP 350.00 includes above item numbers: 1108. Title Insurance to Investors 460.50 includes above item numbers: 1109.Lenders Coverage $ 1110,Owner's Coverage $ 1111. Fax,Phone,Postage&Copies to Aldridge,Seawell, Spence&Felthousen,LLP 15.00 1112. Overnight Packages to Aldridge,Seawell, Spence&Felthousen,LLP 36.00 1113. 1200.GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 20.00;Mortgage $ Releases $ 20.00 1202.City/County Tax/Stamps:Land Transfer Stamps 5,000.00 m Sale 5,000.00 1203.State Tax/Stamps: Revenue Stamps 1,000.00;Sale 1,000.00 1204. 1205. 1300.ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest Inspection to 1303. 1304. 1305. 1400.TOTAL SETTLEMENT CHARGES (Enter on Lines 103,Section J and 502,Section K 1,195501 55,886.00 By signing page t of this statement,the signatories acknowledge receipt of a completed copy of page 2 of this two page stale enl. AI ridge, eaWel &Felthousen, LLP Se