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38308_KUETT, DOUG_20040504
CCAMA / -i DREDGE & FILL GENERAL PERMIT i-New -Modification Complete Reissue Tartial Reissue As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Applicant Name Address City_ State ZIP Phone # (" ) Fax # () Authorized Agent B'CW ❑ EW iQ PTA C9,ES ❑ PTS Affected AEC(s): ElOEA ElHHF ❑ IH ❑ UBA ElN/A ❑ PWS: ❑FC: ORW: yes / no PNA yes / no Crit. Hab. yes / no Previous permit # Date previous permit issued [] Rules attached. Project Location: County_ Street Address/ State Road/ Lot #(s) Subdivision City —Or-, :,� ZIP Phone # ( ) River Basin �M Adj. Wtr. Body-_ ra" ` (fSab' /man /unkn) Closest Maj. Wtr. Body 4/Cl Type of Project/ Activity (Scale: fvo�,,, ) Pier (dock) length Platform(s)`_ - -- - 7- Finger pier(s) Groin length _ number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift - Beach Bulldozing Other I i TF I � I i d _ I Shoreline Length SAM not sure yes no - Sandbags: not sure yes no ("- Moratorium: n/a yes no I --- Photos: yes no Waiver Attached: yes no A building permit may be required by: P f Notes/ Special Conditions V' _ I I I ---- � -- See note on back - regarding River Basin rules. Agent or Applicant Priinte' arse - �4 Signature Please read compliance statement on back of permit* Permit Officer's Signature Issuing Date 91 Expiration Date j Application Fee(s) Check# Local PlanningJurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian Iandowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar- Pamlico River Basin Buffer Rules ❑ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax:919-733-1495 Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax:910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 ¢I. PETER OVERGAARD 1088 479 TAR CREEK RD ORIENTAL, NC 28571 Date J 11 L' 66-30/531 472 Pay to the (JE Nn Order of ' TO —Dollars IS FlRS'T CITIZENS 472 First -Citizens Bank & Trust Company pri-tal,N.C. 28571 7rm.hrstcitizens.com ForAP I:053100300i:004717563279u _ _ ' 0 1088 Olyo.N¢Ame.rcan _ GUARDIAN® SAFETY GREEN WGN = �,;—,o. �rtait5.,� .. — 1596 INNERBANKS MARINE CONSTRUCTION, INC. P.O. BOX 190 ORIENTAL, NC 28571 66-301531 252-249-1429 DATE � 5I() `�/,).00 472 PAY 1) }- N I TO THE j L... ORDER OF A tcf) DOLLARS ' }lR�brT CITIZENS,- l./ Y _ K First-0itizons Bank 6 Trust Company Orioraal, N.0 28571 � www.firstcitizens.comfvP FOR K%) u'00159611■ j:053100300i:00►,71 20 1 28 2 2II' ' !11 tiR11�A VACANT LOT OFFER TO PURCHASE AND CONTRACT IF REALTI; INC. 5 NOTE: This contract is intended for use only for lots which have been developed pursuant to a Subdivision Ordinance adopted by a 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 property is 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). Douglas John Kuett and Mar�Befh Phillips , as Buyer, hereby offers to purchase and Kenneth Hanselman and wife Lucille Hanselman , 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 n/a , County of Pamlico , State of North Carolina, being known as and more particularly described as: Street Address Peninsula Drive Zip 28571 Subdivision Name Orchard Creek Estates Plat Reference: Lot #3 , Block or Section n/a as shown on Plat Book or Slide 262 at Page(s) 712 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 $ 100,000 00 and shall be paid as follows: (a) $ 1000.00 , EARNEST MONEY DEPOSIT with this offer by ❑ cash X personal check ❑ bank check ❑ certified check ❑ other: to be deposited and held in escrow by Mariner Rea/ty, Inc ("Escrow Agent") until the sale is closed, 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) 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) $ 00 , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ 00 , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d) $ 00 , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ 99,000,00 , 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 ❑ VA (attach FHA/VA Financing Addendum) X Conventional ❑ Other: n/a loan at a X Fixed Rate ❑ Adjustable Rate in the principal amount of 80% loaWyalue (plus any financed VA Funding Fee or FHA MIP) for a term of 5 years year(s), at an initial interest rate not to exceed _ 7 % per annum, with mortgage loan discount points not to exceed _0 % of the loan amount. Buyer shall apply for said loan within 10 days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before March 19, 2004 and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing from Buyer a copy Page 1 of 4 This form jointly approved by: IB North Carolina Bar Association REALTOR- North Carolina Association of REALTORS®, Inc. Buyer InitialSeller Initials/ STANDARD FORM 12-T © 7/2002 e�owoumn mu+nr This forth produced by FOrMUInWe Forms Software 800-336-1027 of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this 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 or other governmental regulation that would prevent the reasonable use of the Property for residential purposes ("Intended Use"). (e) 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: none (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 n/a 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 be 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 $ 100 per year 5. 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 $ 0.00 , including any FHAIVA 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. 8. 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 May 30, 2004 , at a place designated by Buyer. The deed is to be made to Douglas John Kuett and Mary Beth Phillips 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 STANDARD FORM 12-T ©7i2002 Buyer Initialuz—/ jp, Seller Initialsg a /Y THs form produced by F0rMUJat0,eFwns Software $00-336-1027 11. SEWER SYSTEM (check only ONE): ❑ 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. ❑ 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. X This contract is contingent upon Buyer obtaining an Improvement Permit from the County Health Department ("County") for a (check only ONE) ❑ conventional or X other Offsite drainfield verification certificate ground absorption sewage system for a _ 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 March 25, 2004 . 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 Apri11. 2004 , 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 borne 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 n/a , 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 Buyer 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 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. 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) See Additional Provisions Addendum b)See attached Addendum 'A' to the Offer To Purchase and Contract. 15. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 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 REALTOR ® 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 Buyer Initial /oeseller Initials STANDARD FORM 12-T ©7/2002 This form produced by FOrMUIarl7e 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 REALTOR V 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 I'1; Date Buy( Date Buy( Date: 3 1IR 0 Seller/ iyitA�� ® �-22��,,?�Ll�-� ��- �y (SEAL) Kenneth Hanselman Date: O Seller /l�i� (�rILO �U�yi/ (SEAL) Lucille Hanselman Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Firm: Mariner Realty, Inc. By: (Signature) Selling Agent/Firm/Phone Ginger Howe/Mariner Realty, Inc/ 252-249-1014 Acting as X Buyer's Agent El Seller's (sub)Agent Dual Agent Listing Agent/Firm/Phone Allen Propst/Mariner Realty Inc / 252-249-1014 Acting as X Seller's (sub)Agent El Dual Agent Page 4 of 4 STANDARD FORM 12-T ©7/2002 This form produced by Formulator` Forms Software 800.336-1027 A.RINER REALTY, INC. 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. n/a EXPIRATION OF OFFER: This offer shall expire unless acceptance is delivered to Buyer or to , on or before ❑ AM ❑ PM, on or until withdrawn by the Buyer, whichever occurs first. 2. n a 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. n/a SEWER SYSTEM: This Contract is contingent upon Buyer obtaining an Improvement Permit from the County Health Department ("County") for a (check only ONE) ❑ conventional or ❑other ground absorption sewage system for a 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 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 , time being of the essence, to provide written notice to Seller that this condition cannot be satisfied, otherwise the condition is deemed satisfied. 4. x 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. x 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. n/a 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. n/a 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 [ElThis form jointly approved by: North Carolina Bar Association REALTOR- North Carolina Association of REALTORS®, Inc. Buyer InitialSellers Initials STANDARD FORM 2A11-T L� © 7/2002 OPPORTIYMY This form produced by FOl7iIUIatall Forms Software 800.336-1027 8. n/a 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. n a 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. / 1181•d�l to (SEAL) DATE!fir ( I (SEAL) DATE SELLER: (SEAL) DATE �l enneth Hanselman SELLER: 9'eazze(SEAL) DATE 3 Lucille Hanselman Page 2 of 2 STANDARD FORM 2A11-T © 7/2002 This form produced by FOrMUInta Forms Software 800.336-1027 FROM FAX NO. : 7574283754 Mar. 26 2004 10:08PM P2 Received -Fax : Mar 26.200411: 3AM :' Fax -station': ' Prudentia&r RcAa1ty o . 3 1 03/26/2004 11;14 FAX 252 249 2700 FROM : HRNSFLMON 03/15/20e4 13,46 Fn.I "St «d� ��cb Mariner Realty PHONE NO. : 973 793 3192 Mariner Rea.ltq Z 003 Mar. 25 2004 06:29PM P2 z 60.1 ��bDENOUM 'A' to the OFFER TO PURCHASE AND CONTRACT EetWtsan Douglas Sohn Kuett and Mary Beth Phillips, as buyers and Kenneth HM!IejMdn and wife Lucille HansdlMah1 as seder• Regarding Lot #3, orthard Creak Pstates ?'his offer is expressly contir►gant upon the succt94fyl completion of a feasibility ,tudy of this propar ty by the buyers. said study ie meant to determine the suitability of this lot for the construction of BUyer's'three bedroom single,4crnii7 residence and private dock, Said study Ghall include, but not be limited to,Buye 's review of and nPpraval of HoMe, Owners ASsociatlon documents, a survey of the property boundaries, the permissible design and location Pf a c siip pier and potential depth, to be lgcatad on Orchard Creek: Said srudY shall be completed to i-he guyer's satisfaction prior to March 26, 2004, V Sold study fs unsaTisfactory to Buyers ,for any re=n, and Buyers inform Seller or 5eller's agent to this fact prior ib March 29, ZC 04, then this offer shall be considered void end all earnest money r.efundad to Buyers without penally, Buyer, _. Deualbs Toh Kea tv crY bath Phillips Date; 31/ ,FJA'f Saller Keene h Hanseim4n y (.ucilie HaRselmen ,N3e noti£ivati7n dais above has been muttaally extended Untdl April 12, 7004 in om4er to facili> ate ebCYiping a t_? permit for a pies =4 bulkhtdd on Chic pr rty :Date $uy A fsEaY,) 01/ Dace, /.7 < Lo �4 - 6aJ 1e: (SEAL) SeUezr �) t,itit-ral 1 iurtirUA v rnvrl!'K1 Y V W NM J"1'A1l:MMI, (FOR A PIE&MOORING PILINGSBOA?ZIFTBOATHOUSb) I hereby certify that I own property adjacent to I�_ nv� -Tl l qY) 5C I M1gV) 's (Name of Property Owner) property located at j r, ; -t 3 OF v, S (A Nh Zu (Lot, BIock, Road, etc.) on irTC,n 0, r;� ii , in CG r nT t� 1 . , N.C. (Waterbody) (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pierlmooring pilings/boatliitlboathouse must be set back a minimum distance of fifteen feet (15') from my area of riparian access unless waived by me. I do not wish to waive the setback requirement I do wish to waive that setback requirement. DESCRIMON AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be , jz?Ied in by individual proposing development) -,Wk9C'AqV1 " 4 0 (SrtTC) Ss r -L"- n� �� Li $lgnature Prin�orT��eNa�me 9 (0l 7�1/ —7.:----27 Telephone Number Date; 2— 60 tl1WJ LyLrllr 1 x it tuc i t ry rnvrj!,K l Y V Y NILK , l Al AVJ M'l (FOR A PIERIMOORING PILINGSBOA7LIFT/BOATHOUSE) I hereby certify that I own property adjacent to 1(_CnFT�l 's (Name of Property Owner) Property located at Or--O-W-Su --1 bhl-uE (Lot, Block, Road, etc.) on 0 (- V . M -- G 1�1 N.C. (Waterbody) (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatliftlboathouse must be set back a minimum distance of fifteen feet (15') from my area of riparian access unless waived by me. I do not wish to waive the setback requirement. I do wish to waive that setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) 15 � 4- j Ss( Signature Print or Type Name Telephone Number Date: �Ga y n IT- -co