Loading...
HomeMy WebLinkAbout20201980 Ver 1_CAMA Application_20201214 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Philip Barker 2. LOCATION OF PROJECT SITE:Site is located at 2509 Shandy Lane, on an unnamed canal adjacent to Bradley Creek, in Wilmington, New Hanover County. Lat:34.206676 N Long: -77.824868 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/27/2020 Was Applicant Present—No 5. PROCESSING PROCEDURE:Application Received—11/20/2020 (complete) Office—Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Wilmington- New Hanover County Land Classification From LUP—Residential,Conservation (B) AEC(s)Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private Community (E) Wastewater Treatment: Existing-Municipal Sewer Planned- N/A (F) Type of Structures: Existing-house and detached garage,bulkhead,gazebo,access pier,floating dock, and boathouse Planned-construct a second access and floating dock for private community docking facility to accommodate 4 additional slips for a total of 8 slips on the property (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION : [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands(Coastal) 90 SF(Shading) 750 SF (B) Non-Vegetated Wetlands (Open Water) additional incorporated PTA (C) Other- Highground disturbance (D) Total Area Disturbed: 840 ft2(0.019 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC# Open: No 8. PROJECT SUMMARY:The applicant proposes to expand a private docking facility on the parcel with a second access pier and floating dock, to serve as a new community facility for a future development(pending local subdivision approval),with an increase of 4 new slips,for a total of 8 boat slips within the riparian corridor. Philip Barker Page 2 9. PROJECT DESCRIPTION The project site is located at 2509 Shandy Lane, on a man-made finger canal adjacent to Bradley Creek, in Wilmington, New Hanover County.The applicant is currently under contract (included in the application materials)to buy two parcels at this address, Parcel ID R06300-001-015-000, and parcel R06300-001-015-001. The first parcel (000) is roughly 4.28 acres and currently contains a single family residence,detached garage,and swimming pool. The second,more waterward parcel (001) is described by New Hanover County GIS as roughly 6.98 acres but the majority of the parcel is below NHW. This water ward parcel contains approximately 300 LF of shoreline, most of which is stabilized by an existing bulkhead. The waterward parcel contains an existing private docking community with four slips, which includes a 15' x 10' gazebo on the uplands,an 80'x 6'floating dock,a 42'x 6'floating dock, and 17'by 27'boathouse.The property elevation averages approximately 6 ft. above mean sea level. Vegetation on the property consist primarily of live oaks, ornamental shrubs, landscaping and turf grass. South of the existing boat basin there is a narrow strip of coastal wetlands, approximately 130 ft. in length and 12-15 ft. in width,adjacent to the shoreline on the waterward (eastern) side of the lot. Smooth Cordgrass(Spartina alterniflora) is the predominant species along the waterward side of the marsh border,while Sea Lavender(Limonium,spp.), intermixed with Glasswort (Salicornia, spp.) and Spike Grass (Distichlis spicata), are found at slightly higher elevations. Sea Oxeye (Borrichia frutescens) and Grounsel-bush (Baccharus halimifolia)complete the transition to the high ground. Aerial photographs indicate that the existing channel (boat basin), located east of the subject property, was dredged/constructed during the late 1970's. It appears that prior to that time,the subject property and adjacent channel were used as spoil disposal site for unknown dredging activities. A previous property owner obtained a CAMA Major Permit(#51-84)in 1984 for maintenance dredging within the existing boat basin. Later in 2003,a previous property owner obtained a CAMA Major Permit (#119-03) to perform maintenance excavation within the existing basin to a depth of-5' @NLW, replace a section of the bulkhead, and construct a portion of floating dock. In 2005, a previous property owner obtained CAMA General Permit 41598D to remove a portion of floating dock and install a boatlift. The 2006 City of Wilmington CAMA Land Use Plan classifies adjacent waters as Conservation,and the adjacent high ground portion of the project area as Conservation.The waters of the canal are classified SC by the Division of Water Quality.They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to expand a private docking facility on the parcel with a second access pier and floating dock,to serve as a new community facility for a future development(pending local subdivision approval), with an increase of 4 new slips, for a total of 8 boat slips within the riparian corridor. The applicant is concurrently applying for approval with the subdivision review board of the City of Wilmington, seeking to subdivide the two parcels into 7 lots and one common HOA area along the waterline. The applicant has provided a copy of the preliminary plat(See Preliminary Plat for Minor Subdivision). The City of Wilmington has indicated that subdivision will need to be approved and legally recorded before they can approve of this CAMA Major Permit application at the local level. For this proposal, south of the existing boathouse,the applicant is proposing a fixed access pier(15'x 6') extending in a easterly direction from the bulkhead, perpendicular to the shoreline. The proposed fixed access pier would lead to a gangway,which would lead down to a proposed floating dock(6'x 125')extending parallel to the shoreline. According to the application materials, the proposed floating dock would serve as four slips,at water depths ranging from a-2.0' @ NLW on the landward side of the floating dock to-4.0' @ NLW on the waterward side of the floating dock(See Drawing 1 of 3). These water depths were verified by NC DCM staff on site. During a meeting on 12/7/2020 between the City of Wilmington Zoning and Development Review Staff and staff from the Division of Coastal Management, it was determined that this project proposal was not consistent with the 2006 City Philip Barker Page 3 of Wilmington CAMA Land Use plan that is currently recognized by DCM. The City of Wilmington is currently working with DCM's Wilmington District Planner on this issue. 10.ANTICIPATED IMPACTS The proposed docking facility would extend 18 ft. into a waterbody measuring approximately 92 ft. across which would meet the'A width distance. The proposed structures would incorporate an additional 750 sq.ft. of public trust area and estuarine waters and shade 90 SF of Coastal Wetlands. As proposed, the facility would not encroach into either 15 ft. riparian corridor setback.The proposed docking facility would be located approximately 190'from a docking facility to the north,and 30 ft from a private docking facility to the south. The proposed facility would provide dockage for four(4)more vessels for a total of eight(8)vessels in water depths ranging from 2.0'to 4.0'at NLW. Minor increases in turbidity should be expected during the construction. Submitted by: Patrick Amico Date: December 10,2020 Office:Wilmington P. Box 11291 WPM �F4t Office/Fax:910-270-1290 Wilmington,NC 28404 , Mobile:910-471-2034 www.pippinmarine.com h, Mariac crr fr'tcct trip@pippinmarine.com October 14, 2020 RECEIVED OCT 192020 NCDEQ 127 N. Cardinal Drive DCM WILMINGTON, NC Wilmington, NC 28405 The enclosed CAMA Major Permit application is for Phil Barker at 2509 Shandy Lane. The applicant is applying for a major permit to install a 6'x 125' floating dock which will provide 4 slips.There is an existing floating dock that measures 6' x 121'which provides 4 slips-There will be a total of 8 slips. These slips will be for a private community and not open to the public. 4/11:1/6 Trip Pippin Pippin Marine Construction, LLC Piers•Pilings•Boat Lifts-Bulkheads-Floating Docks•Residential&Commercial Marine Construction Since 1984 L- UM1 APPLICATION for0 Major Development Permit At (last revised 12127106) icg" North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant!Landowner Information Business Name Project Name(if applicable) Applicant 1: First Nam MI Last Name Applicant 2: First Name f MI Last Name If additional applicants,please attach an additional pages)with names listed. Mailing Address f/ /� /� �/� 1 PO Box /Ciitty�)j// L Statte�y/,// 2 Q 4 6r c , i Odd ood s i ZV//%o/ psi _ !4 '`�/ ZIP (� Country Phone No. FAX No. or�C�J 963 Gt5,C 9/h 25/-2426 ext - - Street Address(if different from above) City State ZIP Email /9 44 1/4,1 g Zeilsou-A .he/ 2. Agent/Contractor information Business Name /v/ 1 l ytI4e 1 sA"/4 c /of t Agent/ContractorFirst Name MI Last Name F•` , 4910/4 Agent/Contractor 2: First Name MI Last art Mailing Address PO Box City State //24/ M� /+�944 C: ZIP Phone No.I Phone No. 2 ' 9lt)- 17/-R63 j ext. - - ext. FAX No. Contractor# / i1J??fq Street Address(if different from above) City State ZIP Email 7-t-9,iezp/04.0m/rtayr/o. efeA09( <Form continues on back> O C T 19 202D 252•'6' e-2a08 .. 1-533-4 CCAS i K. w .rsrscca, Fa;rrxatiatie eril.a t Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# e6d p uee 2 co? $ a Sy /done Subdivision Name /gyp C��7 ��q 0 State l t( �p - 13/�TLC` Phone No. Lot No.(s) (if many,attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project c. Is the water body identified in(b)above,natural or manmade? d. Name e dosest 'or water body to the proposed project site. ❑Natural ❑Manmade ❑Unlmown 1 04.e e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed MYes ❑No work falls rim /I /"i'°tg, 16, 4. Site Description a. Total length of shoreline on the tract(ft) b. Size of entire tract(sq.ft.) Sop l c. Size of individual lot(s) d_ Approximate elevation of tract above NHW(normal high water)or NVYL(normal water level) (If many lot sizes,please attach additional page with a list) r ❑NHW afNWL e. Vegetation on tract f qIV/s S LGZW i ) teelaiPd f. Man-made features and ucc.now on tract 0.2 44e5e g. identify and describe the existing land uses adiacent to the proposed project site. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? ����' � ! (Attach zoning compliance certificate,if applicable) �' es ONo ❑NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? [Nes AC k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. DYes plAro ©NA If yes,by whom? • I. Is the proposed project located In a National Registered Historic District or does it involve a °Yes 1jdo DNA National Register listed or eligible property? (t <Form continues on next page> O C T 19 2020 2552-808-2SO8 ;-888-4r8D0.AST .F ovsvw.nccoasts-fmarxasgern*nt.net , Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Yes DNa (ii)Are there coastal wetlands on the site? es (O,No (iii)If yes to either(i)or(ii)above,has a delineation been conducted? DYes LfNa (Attach documentation,if available) !''S n. Describe existing wastewater treatment facilities_ r 5-eitt pc o. Describe drinking water supply source. p. Describe existing/ storm water management or treatment systems. _ c 6'f 5.Activities and Impacts a. Will the project be for mercial,public,or private use? ❑Commercial ❑Public/Govemment /-iria ,J nvate/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. %o! t+a.{LlLi . dfj pr c.�,1'7 s 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. p 7v r i6/? Zaite spii'',lid al/ -- /�ei7 d. List all development activities yipu propose. x/,,r cix e Cau d big" 6 k / -9- l f . ,( e. Are the proposed activities maintenance of an exx Vingproject,new work,or both? Weer, f. What is the approximate total disturbed land area resulting from the proposed project? DSq.Ft or DAcres g. Will the proposed project encroach on any public easement,public accessway or other area DYes tk �fo DNA that the public has established use of? �T h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stormwater be discharged into a wetland? Dyes So DNA If yes,will this discharged water be of the same salinity as the receiving water? DYes ❑No DNA j. Is there any mitigation proposed? Dyes J Vo DNA - If yes,attach a mitigation proposal. [ <Form continues on back> OCT 1 2t 2-SC3-tar . 1-8133-4PCOAS"r .. wz,vw.rccoastaSnianagc:mart.zss.. h Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 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)—(t)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,dearly 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 '/,&4 to dr w// ,-i thof Aoit /�J l�,r+Phone No. flp,.Zt��r_t1 jg8? Address 4 3 aG/ei,5 ,0�11-& r!( ` !I 0+4 P/ dY +� i ...2194169 + r Name Phone No. Address Name .Toil.t, ftfC (' Phone No. �ilp_3,�r�'o 0 4 L9 Address c2sa S � „,dy e s+[/� � 'I t„il?Ail/ G+ i .2e,5407 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers,permittee,and issuing dates. 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 at the information provided in this application is truthful to the best of my knowledge. Date f /gPrint Name ,E �fi Signature o'G�7� ?',04. 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 ig)CM MP-4 Structures Information OCT 19 ?07n s,1in-t31:t8-2t3C.F ;. .-$8.5-4RCOAS'E .. :Mort w.n;ccastz..:_3ae.-aeGe:.-_n@.r;e:', Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit,Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 7, DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (1) Is the docking facility/marina: b_ CO Will the ci' be open to the general public? DCommercial ❑PublicJGovemment Private/Community ❑Yes No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ❑Yes 'No (ii)Number f If yes: (iii)Length (ii)Number (iv)Width 6 (iii)Length (v)Floating Oyes tIKNo (iv)Width (v)Floating ❑Yes ❑No e. (i) Are Platforms included? Yes ❑No f_ (i) Are Boatlifts included? Yes ❑No Y d. C if yes. l es: II Number C1� /d( i9 fP Q ( ) /- (ii)Number / I- _.<1 S i o f (iii)Length s/2/ C ?f/z, (iii)Length if (iv)Width (iv)Width /3 D --AeW (v)Floating *es ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of sops proposed h. Check all the types of services to be provided. 0 Full service,including travel lift and/or rail,repair or (ii)Number of slips existing maintenance service ❑Dockage,fuel,and marine supplies ❑Dockage("wet slips")only,number of slips: ❑Dry storage;number of boats: ❑Boat ramp(s);number of boat ramps: ❑Other,please desc etadrooryt� I. Check the proposed type of siting: j. Describe the typical boats to be served(e_..,open runabout, ❑Land cut and access channel charter boats,sail boats,mixed types). ❑Open water,dredging for basin and/or channel ❑Open water no dredging required ❑Other,please describe: I k. Typical boat length: 20 I. (i)Will the facia - open to the general public? ['Yes I;No m_ (i)Will the facility have tie pilings? ❑Yes tir{lo - (ii)If yes number of tie pilings? fl r 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets 0 Toilets for patrons;Number : Location: ❑Showers ❑Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste,fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i)Give the location and number of"No Sewage Discharge"signs proposed. (ii)Give the location and number of Pumpout Available"signs proposed. f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h- Give the number of channel markers and"No Wake"signs proposed. i_ Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina,what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ['Yes ONo • n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? OYes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(SAV),shell bottom (SB),or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. OCw OSAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? Dyes ONo If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ©Commercial ['Public/Government OPrivate/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN(e.g.,wood,sheetpile, etc. If a rock groin, use MP-2,Excavation and Fill.) [This section not applicable a. (i) Number _ (ii)Length (iii)Width 5. BREAKWATER(e.g., wood, sheetpile,etc.) XThis section not applicable a. Length b. Average distance from NHW,NWL,or wetlands c. Maximum distance beyond NHW,NWL or wetlands 6.MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): b. Number ❑Commercial OPubliclGovemment ❑Private/Community C- Distance to be placed beyond shoreline d. Description of buoy(color,inscription,size,anchor,eta) Note: This should be measured from marsh edge,if present. e- Arc of the swing 7. GENERAL O C T 1 9 2020 a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. Note: For buoy or mooring piling,use arc of swing including length of vessel. c. Width of water body d. Water pth at waterward end of structure -.111Pr NWL e. (i) Will navigational aids be required as a result of the project? ©Yes o DNA (ii)If yes,explain what type and how they will be implemented. 8. OTHER ❑This section not applicable a. Give complete description: , AV/4 2 Date Project Name Al;".V7,141) Applicant Name Altiv:30 Applicant Signature OCT 19 ZU[U 52 0 G n -a? -471c.- 4: ., w.,,...4--aa= !?S ar. e t_r:s- 12127107, 5T?�E ck6„ f � 4WAP o��: ;'Y - p r ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S.REGAN Secretary December 10,2020 BRAXTON C.DAVIS Director Trip Pippin P.O.Box 11291 Wilmington,NC 28404 Dear Mr.Pippin: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Philip Barker,for State approval for development of the subject property located at 2509 Shandy Lane,adjacent to an unnamed canal adjacent to Bradley Creek, in Wilmington, in New Hanover County. It was received as complete on November 20,2020 and appears to be adequate for processing at this time_ The projected deadline for making a decision is February 3,2021.An additional 75-day review period is provided by law when such time is necessary to complete the review.If you have not been notified of a final action by the initial deadline stated above,you should consider the review period extended.Under those circumstances,this letter will serve as your notice of an extended review. However,an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 20, 2020,you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner,developer, and project designer/consultant. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing"postcard which must be posted at the property of your proposed development.You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;or at a point along the road right-of-way where a private road would lead one into your property.Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required,you will be contacted by the appropriate State or Federal agency.PIease contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerele Patrick Amico Field Representative cc: Curt Weychert,DCM MHC Greg Currey,USACE Robb Mairs,DWR Linda Painter,LPO Philip Barker,Applicant Kathryn Thurston,City of Wilmington DE Q ..) North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 910-796.7215 O '� CM WC W W 111.1 �. • mE . a , U OC CD • Q v R i . . Oa E_ x , ___i ___ . U s �� H cc H I: 0 .P111 Ell t5 . . ❑ CL ___I R � Q c ' N , - ac cu a ... C r, 2 -1 CI = 0�� O = NW W 0 . X a) INNI RI— r Cl)OM 4a Giff Mil 111.I' W olPIMCC 0"IQ 0 . ft MI ' - - 4. 4 _I 0 4° ‘ W. V le imt a . lin u j - * 0... C • E . 0 0 ._ co • > 0 * ° c ai. �.Ri ' w CIC ilic a • 0 : (19 GO< (0ri • ' Is - C Q co , re 0 .a u 4 igco:caLL: :: A! • roi am 2 � � r- S 3 G P. r 0 A. 1- Z ,.... a 18 i z 4.4 J ,.. p al GL d N _ Q Q 4`"_ ROY COOPER M1 Governor MICHAEL S. REGAN Secretary NORTHCAROLINA BRAXTON DAVIS Enviroomcntai Qxalit5 Director,Division of Coastal Management December 14, 2020 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington,North Carolina 28402 Re: Major Public Notice: • Philip Barker/New Hanover County Hello Angie: Please publish the attached Notice in the Thursday,December 17,2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Abb. T. 'ietila Permitting Support&Customer Assistance cc: MHC file Curt Weychert-WiRO USACE State of North Carolina I Environmental Quality I Coacral Management 127 Cardinal Drive Ext,Wilmington,NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b)that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On December 10, 2020, Philip Barker proposed to expand a private docking facility to a total of eight (8) boat slips to serve as a future new community facility at 2509 Shandy Ln., adjacent the AIWW, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Patrick Amico,N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington,NC 28405,(910-796-7423) during normal business hours. Comments mailed to Braxton C.Davis,Director,Division of Coastal Management,400 Commerce Avenue,Morehead City,NC 28557-3421,prior to January 7,2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. October 30, 2020 Addendum to Major Permit Application narrative for: Phil Barker 2509 Shandy Lane Wilmington, NC 28409 • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you, Trip Pippin vd rzrr- c' Le OCT 3 O 7020 H.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 9/23/2I Name of rtg ;a,. r Applying for Permit: Tt'1 ct re.. r_._ Mailing Address: 200_5— -,42-3.-rttioe,v el 5-26/ .k Wi/rn/A43iv Na a8' 3 i , ,, . I certify that I have authorized(agent) 2, - i r. e 47 i to act on my behalf,for the purpose of applying for and obtaining all LAMA Permits necessary to install or construct(activity) ,,- %`:- f''-t 9 :216' at(my property located at) 207 5‘414te/7On it1(,'_ Fre . 1 This certification is valid thru(date) { : _"# ' #1 iar,,-4/3-7---- 7729 nza Property Owner Signature Date 'OCT I921 0 or — ,.: _ , CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIP P OPERTY INNER NOTIFICATION/WAIVER FORM Name of Property Owner, ! ›pcir4Sr Address of Property: Z•0�1 ¢ L ,v w iikti ` °' ,le— 7 PY� (Lot or Street#,Stree or Road,City&County) Agent's Name#: Mailing Address: ' Agent's phone#: r f f Y :, : ,. /Fie( r �f i hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing.A description or drawing,with dimensions, must be provided with this letter. V7I have no objections to this proposal I have objections to this proposal. AS 6" Al %, co,/xt/ 5 tv.tic ijce if you have dbjecdons to what is being proposed,you must notify the Division of Coastal Management (0CM) in writing within 10 days of receipt of this notice. Contact information for 0CM offices is available at httpilwww.nccaastairrtanagementnet/web/cm/stafflistin_q or by calling 1-888-4RCOAST No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (if you wish to waive the setback,you must initial the appropriate blank below.) •1 do wish to waive the 15'setback requirement. W 4a--- 1 do not wish to waive the 15'setback requirement. (Ap rty * r Info ation) (Riparian Property Owner Information) Sidna re Signature f.1 34 r IV/A/1m &WY/7/ Print or Type Name Print or Type Name`` Mailing Address Mailing Address W 'l m111 '' Ale � a� / �, �C �8 'of Ci /State/Zi q ./Stat CAI 3/ 2 r � A --9 97 �8e4141 adtv0, Telephone umber/ all A / Telephone Number/ ail Address 2. 17/ oot P /03/24, Date Date (Revised Aug'201'4y CERTIFIED MAIL- RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIA P OPERT . WNER NOTIFICATION/WAIVER FORM Name of Property Owner:_ t �rAf r Address of Property: 2'c i c---Act net y LoV r-1 iftm` pie- xg'io7 (Lot or Street#,&reef or Road,City&County) / Agent's Name#: 9/7,:f','r't Matting Address: .may f Agent's phone#: gi✓ _ _ '� �� f : _r> x hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing.A description or drawing,with dimensions,must be provided with this letter. I have no objections to this pr.uposai. I have objections to this proposal. you have objections o what is being propose4 you mustnotifythe Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact infonnaricn for DCM offices is available at htb3Jlwwwnccoastafrnanagerttent netfweb/crnIs -lisuno or by calling 1-883-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse,or lift must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback,you oast initial the appropriate blank below.) do wish to waive the 15'setback requirement I do not wish to waive the 15'setback requirement (. . p Lew r info ation) (Riparian Prop Owner Information) (79-11411 ui a a *atirre y'l Bet e �. , Print or Type Name Print or Type Name 2 iej 5-241 11"oc s -/ Z.)r11U'J Mailing Address Mailing Address tt) ern ' 4 4.3 CU -i- citylstat T city/staf Telephoneco 7/0 7 3/ 2°Z4' umber/ ail Addre / Te phone Number!&mail Address � L 20 ,G -� � : . Date Date or i :,: (Revised Aug 20147 U.S. Postal Servicer ,, r ._. U.S. Postal Service'M ,-9 CERTIFIED MAIL® RECEIPT j Y' ., CERTIFIED MAIL® RECEIPT-- - . r- Domestic Mail Only — co Domestic Mail Only ru f1..1 co For delivery information,visit our website at www.usps.com®. ino For clelitreeru I'fc:r^tstion-visit our website at www.usps.com®. r_ Certified Mail Fee cc ra Certified Mail Fee J a`''' r e- ..� REG' �� s $2.85 j-, 0457 Extra Services&Fees(ekeckbox,add fee y efp u 3 a C M i A NG Extra Services&Fees(check box,add foe as l #(t$7 11 l ����/ €'"� � �eAim Receipt @ardwf>Y) $ a � datum Receipt(hardcop�j $ �,t� �(�p €{� © ❑Return Receipt(electronic) $ $0,00 Postmark E3 ❑Return Receipt(electronic} $ #, I(I °I f yil� ON 1� NC d ❑Certlfted Mail Restricted Delivery $ $0_0t_Z r © ❑Certified Mail Regtricted Delivery $ Here �, OCT l � 202� d ry €.€_? € OCT 1 U2 © ❑Atlutt Signature Required $ .*�.t� r�l� O ❑Adult Signature Required $ ['Adult Signature ResWe[e6 Delivery$ ❑Adult Signature Rash d Delivery$ t� '1I Postage �: � Postage $ 09;23r3020 -d $ tr 12E/902rt r9 Total Postage and 7s Total Postage and P ,,1 It 1 'll $ $ Sent Tit o i l\ U-O�t 5\ 1 1 "We �� t.'"0e- t../ Sent To� �a. 1-Vic- � rj © Street and Apt.No.,or PO Box Na.N P N streetand(leg.,orP Bo to�3 G ire s` -90C 31` �!p �q ` Lt� City,State,z€F+4° -k G b' city,States z 1.5 . }rJ C. �Gci c � \ rn r �"D'11 1N G J1"� i'1 O PS Form 3800,April 2015 Pstt-530-02.000-9047 See Reverse for Instructions PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature I Complete items 1,2,and 3. r- . Print your name and address on the reverse X� • ❑Agent so that we can return the card to you. � . �ssee • Attach this card to the back of the mailpiece, Recce,cU L fr 0 t J"�"' D "4 " or on the front if space permits. ..! el I/ l B - © '--1 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter,dQ�dli tie v° �1-,n tc- DCM--f{WILMiNGTON, NC 5 o s S ha(\d OCT 1 2o�a I l en.i as KC D (4O9 II I III III II I IIIIIIII II IIII 3. Adult Service Type ❑Priority Mail axpressC�3 I i7 Adult Signature ❑Registered Mail'. 0 Adult Signature Restricted Delivery ❑Registered Mail Restricted lertified Mail@ Delivery 9590 9402 5405 9189 0717 82 ❑Certified Mail Restricted Delivery 0 Return Receipt for o Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ©Signature ConfirmationTM ,sured Mail ❑Signature Confirmation 7 019 1640 0001 7 419 8288 isured Mail Restricted Delivery Restricted Delivery ver$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Di - Q RE o 4, -I = I i i _ .... . .. „„,,,. ...„ ---------! . .41 ' ' g•-•••:. . .: . .: .911-1 /16.• .. ..... _ , _ ■ ii'.-- ■ ■"s■■ �■!■ ■ ■ ■■■i ■1� _MEM . L . ■ _ I■■ • ■ -- 1■ MIME ' . ' MIN1111 ■ ill ■ 11_ 1 , ■E MEW ___ - ERN - 1 II . : a ■ - 1 ■ lilmiii 1 ' 1111111•1•11.1111111111111 _ . . - ' . .. :.: III II - ■ ■ _ .. . .... 18 IIMUMINIIIIIIIIIIIIIIII .. . •ii , . . � Mbill1111111111111111111M . . 4, 5a,_--• pm ,. ..... lig i .q .1111111111111111t q • k � ■ • 1■1411111.,,,_,,, I . imiiiiiiiii.....miiiiiiiiimillIMMIIIME1. ...., , . ,_ .111E111111m011111 u _` ':�T. ill IIIIIIIIN•, ` i .fTM. I ___L--- 1 \. i MINIM �` I ;N. f 's- ' I t 1 I A I 11 ■ MIME I. 1111111111111111111MEMIEMIMMI11111MENIMETCMINIUMIIMMIEW fir . '''''''141_ ■■ ■■IDi■■■m W ■■■■■■f 1 ■■11■E■aaaEM■iiia•EE■■■■1ii-.: . --■■ ■■■■■E■■■E■■ ■■■■■■■■■ ■ ■■■ PIa5 ■E■■m ■■imam■■■ ■■■■E■ ua.i.i.uuliuiiluliiililiiulii. Effransimmmmummommissims EF ,MEN IENI■■■■■■■■■■■■■■■■■■ ■■ _MEIMMA ■■■■■■■■■■■■■■■■■■■m■m■■■■ 11111111NIMIEMIMEMMINIMMINIMMIMIMIEN riEIMENIEMINIMEMIONMENEREMINIMENER 11111MMEMEINEIMEMIMMINIMMENEMEM OCEMIIMEMMIEMEIMMEMNIMAIMEIMMIMEING E■■■■■■■■■■WRIM E■■■■■ ■m■■■■ ■■■■N■NE■Ntii■iimmaE■■■■■■■ ■■■■■■■ ■■■■■■■■■E■ N■E ■■EE■■■■■N■N■■E■■■ ■E■■■m■NEEEmM■■■■■■■■■■ IEEE■a ■ MMIPTIMMEINIMEMEMENIMINMEIMINIMMI 1111111MEMMIIIIIMINNAMPARENEINEEMEN NE U■■■■■ ■■■ ■ ■■■■■■Em■■■ ■■E■■■EMINTO iNEENM ..� ■■■■■■MM■■■■■■■Em■iiE■■■■■■■N ■E ■■■■■■■■■■■ :.'!:::' �. ..:�Ei■■■■■■■■■■■■■ ■■■■■■■■■■■■■■E■■■■i■■■■■■■■■■■ ■ ■IEEE■■■■■■ E■■■■E■■■■■■■ ■■ ■ ■■■■E■■■i■N■■SIN■Iona M f MO MM••••1 ■■■E■■■■■■■■■■■■■'■■1■■■■■m■■■■ ■ ■mu•mmm■■■■■m■■ mEi■■ E■■■■■■ ■■■■■■■■■■E■■■■■■■■■■ ■■■■■ ■■■■ ■■■■ma ■■E■EEm■EEE■■■■ ■■E■N ■■■■ 1111111111111M11111111111111111111111111111111111111•1111111116 ■■■■■■EN■■■■■■■■■■■■■■E■■■■■■■■ ■EE■■EE■■■ E■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■ENEM■ ■■ ■■■■EE■S■■■■■■■IEEE■ 011110 ■■■■■ ■■■■E■■■■■■E■■■■■EE■■■■■■■ M I , , . PI.A! /.4*- , -- 00 A i A - , e(if e . 4 i - .-- M.,. , — Nowsuminim o„,,, e: ve ., . i, - nr-, , .,_,,„..,.., live , �- r{. rill ,44. lie, le /911-.., __ _ e .,/,/. g _ . ;ram, . L . i . , , .....5-6,1e/i ; ______ 1 •, _ „if:___. ...„0 , , A' , -4 A • . . _, 1 / : i f , . . . . . . • 1 AAA' , , • i .. . - vie 7 , , , 1 �S !.i OCT 191aZJ3 /aPet ' I ‘...k .4- . _ . \ i i I I % I 3�i� r 1. _ f� z 4 t4' e f7 24{0 34 ±J U • `a y ' '. y 'F}Y* a. S n,3T i / ` . as s ILW F it '3 7#1. / .s � t fill ill j u /►s ,I, Ill: i# ia i x • 1 it 1111.1 t 14 t � to �.'- di' / 7—` m Ts 2 in • i t o 3 ai `� :14 if cF;1 ii : / .I /r / � v a k E=.'•`R, '�i # ' €€ LEY € c //•.- / / / / e=, ., / j , gl, / / f llza IS //- , / / • / i t4 .... ;1 2. m E l IP \ g� i �f S`�s g} ! - ' ` #7 , / f "A A�rr enia 3 R S !? `}_ F ' f li a i���. I t - / 4: £ li '^I `a Y i i -1 ,#t a �S gf 7 i ON $, is 7 e I it-.ar / aF / / --� fj j hi / & / l'A t N, . -.... . \ : ./ ,ip 0 . '1 i•O' i:ii in- !.2 NI -..„7-1( ., ; .-- _- .._1„, __ :7-7''';11:1 =s ! ,i H- L -7 / / ;i y • .t ! i t 1 3 n� i- at a �. i /--:-. �, // r f r ?F .-_11 ' /�f ..1` I Yt°., /�/ a f1 -r / . / , �` .' ff • $ s {= 9: tea :.....i::,.::.• /1 . •` ., --` /r/ �I/ I/ k a §' sy s I� �'O�,y •.r 1 �/ 5 e e x,':: i i ' it (1 1 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director,Division of Coastal Environmental Oualiti' Management December 14, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert@NCDEN R.gov SUBJECT: CAMA Applicant: Philip Barker Project Location: 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposed Project: Proposal to expand a private docking facility with a second access pier&floating dock to serve as a new community facility(pending local subdivision approval for future development). This will increase the facility by four(4) slips to a total of eight (8) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by January 7, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE State of North Carolina Environmental Quality I Coastal Management 127 Cardinal Drive Ext.,Wilmington,NC 28405 919 796 7215 OFFER TO PURCHASE AND CONTRACT 'Consult"Guidelines"(Form 2G)for guidance in completing this forma 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"). fir 1a I. TERMS AND DEFINITIONS:The terms listed below shall have the respective meaning given them as set forth adjacent to - f each term. • (a) "Seller": Cardinal Point LLC /Lod/44. 44? 1-f tUe wit-fir"• .J/ (b) "Buyer": Chris Boggs,Philip Barker andliar Assigns ( ' /7c c tk?.. t Ir�l St, (c) "Property":The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured(Mobile)Home provision in the Additional Provisions Addendum(Standard Form 2A I 1-T)with this offer. Street Address: 2509 Shandy Lane City: Wilmington Zip: 28409 County: New Hanover ,North Carolina NOTE:Governmental authority over taxes,zoning,school districts,utilities and mail delivery may differ from address shown. Legal Description:(Complete ALL applicable) Plat Reference:Lot/Unit ,Block/Section ,Subdivision/Condominium ,as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: R06300-001-015--000&R06300.001-015-001 Other description:AD,1 MYRTLE GROVE SOUND Some or all of the Property may be described in Deed Book , eat Page 9 �j (, "Purchase Price": 3 t 1'7' 0 0 0. (a, ry Q `�:- y ✓ i.� ,s, 1 �0 0 50#;;880 8$- paid in U.S.Dalla po a 1• following terms: r /' $ BY DUE DILIGE 'CE FEE made payable and delivered to Seller by the Effective Date. W/la' dV a 10,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent r named in Paragraph 1(f)by D cash X personal check 0 official bank check wire transfer, ❑electronic transfer,EITHER$with this offer OR ❑within five(5)days of the Effective Date of this Contract. S BY(ADDITIONAL)EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m.on , rum BEING OF TIME ESSENCE. S BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the d r/ZZo 20 existing loan(s)secured by a deed of trust on the Property in accordance with the attached C� Loan Assumption Addendum(Standard Form 2A6-T). 0417 S_ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum 1 (Standard Form 2A5-T). anBY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3-T). / � Vs, �� BALANCE of the Purchase Price in cash at Settlement(some or all of which may be paid J 8/ / exit. 3)91A5,pop, ott with the proceeds of a new loan). 1'/2-C. Should B`dyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates,or should any cheek or other funds paid by Buyer be dishonored,for any reason,by the institution upon which the payment is drawn,Buyer shall have one(l) banking day atter 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. Page I of 15 iii This form jointly approved b . lit STANDARD FORM 2-T North Carolina Bar Assoc' tion Revised 7/2020 i1F.n7OR• North Carolina As cia of REALTORS®,I 5(`4�- .� ';" 0 7/2020 Buyer's initials �r Seller's initials ?q1:1h Cadence Reeky Corp.t Stone Sneel Ve nyltlr ,'CUM 19102517-4594 Fax 25e9 Shamir Lane, Frederick Barra" Produced with zipFamn2tby zipLag'ul 18070 Fifteen Mile Rand.Fraser.Michigan 48025maggigaggkcgEnOCT 9 2020 (e) "Earnest Money Deposit":The Initial Earnest Money Deposit,the Additional Earnest Money Deposit and any other earnest monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing,at which time it will be credited to Buyer,or until this Contract is otherwise terminated.In the event:(I)this offer is not accepted;or(2)a condition of any resulting contract is not satisfied,then the Earnest Money Deposit shall be refunded to Buyer. in the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request,but such return shall not affect any other remedies available to Buyer for such breach.In the event of breach of this Contract by Buyer,the Earnest Money Deposit shall be paid to Seller.The payment of the Earnest Money Deposit to Seller and the retention of any Due Diligence Fee by 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(d) and 4(e) 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 and/or retention by Seiler of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit,the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent"(insert name): Closing Attorney 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: (I) 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 'li-)-O/-cbreach of this Contract by Seller,or if this Contract is terminated under Paragraph 8(n)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 rE xistence or amount of any Due Diligence Fee. if (j) "Due Diligence Perim": The period beginning on the Effective Date and extending through 5:00 p.m. on f 9 I erillAys From Effective Date TIME BEING OF THE ESSENCE. 2 .(k "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the tiff saction contemplated by this Contract,including the deed,settlement statement,deed of trust and other loan or conveyance ocuments,and the closing attorney's receipt of all funds necessary to complete such transaction. (I)"Settlement Date":The parties agree t••t Settlement will take place on '2.10 Dnys From Effective Date (the"Settlement Date"),unless otherwise ;greed in writing,at a time and place designate. by Buyer. 1` v Page 2 of l 5 :, r� ZC ��1 I TANDARD FORM 2-T rebfi7/2020 Buyer's initials 4 } Seller's initia Revised 7/20220 P,ed,xeswiaiupFort n9bytipi.cgix,OOTmfiibaert -. 8Se9sh.uly OCT 1 9 2020 NOTE:See paragraph 12,DELAY IN SETTLEMENT/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). RN.I s: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 finns 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 REALTORS®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 alien against the Property.A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 7(c), and Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 6(a)and 8(k). 2. FIXTURES AND EXCLUSIONS. WARNING: 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. (THIS SPACE INTENTIONALLY LEFT BLANK] Page 3 of 15 STANDARD FORM 2-T n Revised 7/2020 Buyer's initials Seller's initials 4 l p2~ O 0 7/2020 Produnad ripFanr by ziclagiz 18070 RA45028 ZS09SAandy OCT 1 9 2020 (a) Fixtures Are included in Purchase Price:ALL EXISTING FIXTURES ARE INCLUDED IN THE SALE AS PART OF THE PURCHASE PRICE,FREE OF LIENS,UNLESS EXCLUDED IN SUBPARAGRAPHS(d)OR(e). (b)Specified Items:Buyer and Seller agree that the following items 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 DEV ICES. • Alarm and security systems(attached)for security,fire, • Garage door openers smoke,carbon monoxide or other toxins with all related • Generators that are permanently wired access codes,sensors,cameras,dedicated monitors,hard • Invisible fencing with power supply drives,video recorders,power supplies and cables; • Landscape and outdoor trees and plants(except in doorbells/chimes moveable containers);raised garden;landscape and • All stoves/ranges/ovens;built-in appliances;attached foundation lighting;outdoor sound systems;permanent microwave oven;vent hood irrigation systems;rain barrels;landscape water features; • Antennas;satellite dishes and receivers address markers • Basketball goals and play equipment(permanently attached • Mailboxes;mounted package and newspaper receptacles or in-ground) • Mirrors attached to walls,ceilings,cabinets or doors;all • Ceiling and wall-attached fans;light fixtures(including bathroom wall mirrors existing bulbs) • Storage shed;utility building • Fireplace insert;gas logs or starters;attached fireplace • Swimming pool(excluding inflatable);spa;hot tub. screens;wood or coal stoves • Solar electric and solar water heating systems • Floor coverings(attached) • Sump-pumps,radon fans and crawl space ventilators;de- • Fuel tank(s)whether attached or buried and including any humidifiers that are permanently wired contents that have not been used,removed or resold to the • Surface-mounting brackets for television and speakers; fuel provider as of Settlement.NOTE:Seller's use,removal recess-mounted speakers;mounted intercom system or resale of fuel in any fuel tank is subject to Seller's • Thermostats obligation under Paragraph 8(c)to provide working, • Water supply equipment,including filters,conditioning and existing utilities through the earlier of Closing or softener systems;re-circulating pumps;well pumps and possession by Buyer.NOTE:State law provides that it is tanks unlawful for any person,other than the supplier or the • Window/Door blinds and shades,curtain and drapery rods owner of a fuel supply tank,to disconnect,interrupt or fill and brackets,door and window screens and combination the supply tank with liquefied petroleum gas(LP gas or doors,awnings and storm windows propane)without the consent of the supplier. (c) Unpairiag/deteting data from devices: Prior to Closing,Seiler 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. 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 fuel tanks,antennas,satellite dishes and receivers,appliances,and alarm and security systems must be identified here and shall not convey: None Known (e) Other Items That Do Not Convey: The following items shall not convey (identify those items to be excluded under subparagraphs(a)and(b)):None Known Seller shall repair any damage caused by remo at of any items excepted above. Page 4 of 15 STANDARD FORM 2-T Revised 7/2020 Buyer's initials italf Seller's initi: « P ~x Al ��1 — )o-oi 0 7/2020 Proajced ' ZipF&me dY 2pLopat 1-• 'Fltoen;di;Road.r dr.Midugars480I8 Ireff-aliiikg!,0211 2i09 Shindy OCT 19 2020 3. PERSONAL PROPERTY:The following personal property shall be transferred to Buyer at no value at Closing:NIA 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: WA RN ING: BUYER 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:Buyer's obligation to purchase the Property is not contingent on obtaining a Loan.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 appraisal to be completed 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 casements, 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,storm water 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 P operty, including: (I) whether any street(s)/road(s)are public or private,(2) whether any street(s)/road(s)designated as p blic are accepted for maintenance by the State of NC or any municipality,or(3)if private or Page 5of15 STANDARD FORM 2-T Revised 7/2020 Buyer's initials irkSeller's initia — f d- c� 0 7/2020 Produced byerLaakt lai to Moen bee Read.Fre ie m c�nrn ,suv simply OCT 1 9 2020 not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. (x)Fuel Tank: Inspections to determine the existence,type and ownership of any fuel tank located on the Property. NOTE: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. (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 that unless the parties agree otherwise,THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION.Buyer and Seller acknowledge and understand that they may,but are 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 repair/improvement 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 shall be considered an obligation of the parties and is an addition to this Contract and as such,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 shalt survive this Contract and any termination hereof. (g) Buyer's Right to Terminate:Buyer shall have the right to terminate this Contract for any reason or no reason,by delivering to Seller written notice of termination(the"Termination Notice")during the Due Diligence Period(or any agreed-upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. (h) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EMSTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 5. BUYER REPRESENTATIONS: (a) Loan:Buyer[]does El does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑FHA 0 VA (attach FHANA Financing Addendum) [Conventional Down Payment Assistance Program [Other: loan at a 0 Fixed Rate ❑Adjustable Rate in the principal amount of plus any financed VA Funding Fee or FHA M1P for a term of year(s),at an initial interest rate not to exceed %per annum(the"Loan"). NOTE:Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. Some mortgage loan programs and Down Payment Assistance programs selected by Buyer may impose additional repair obligations,conditions or costs upon Seller or Buyer,and more information may be needed. NOTE: If Buyer does not intend to obtain a new loan, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. Page 6 of 15 STANDARD FORM 2-T Revised 7/2020 Buyer's initials Seller's init ' �� ®7/2020 zipFam®by>4twr 1eQ7D FifOan Mae Read.F lewer.zieLoshr Own sx OCT 19 202U (b) Other Property:Buyer❑DOES©DOES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase.(Complete the following only if Buyer DOES have to sell or lease other real proper(v:) 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 contract 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 ONE 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 Property Disclosure Statement(check only one): ❑ Buyer has received a signed copy of the N.C.Residential Property and Owners'Association Disclosure Statement prior to the signing of this offer. Q Buyer has NOT received a signed copy of the N.C.Residential Property and Owners'Association Disclosure Statement prior to the signing of this offer and shalt 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:(I)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 anti Oil and Gas Rights Mandatory Disclosure Statement(check only one): ❑ Buyer has received a signed copy of the N.C.Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer. ❑X Buyer has NOT received a signed copy of the N.C.Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty(including a refund of any Due Diligence Fee)prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST:(I)the end of the third calendar day following receipt of the Disclosure Statement (2) the end of the third calendar day following the Effective Date;or(3)Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ Exempt from N.C.Mineral and Oil and Gas Rights Mandatory Disclosure Statement because(SEE GUIDELINES): Buyer's receipt of a Mineral and Oil and Gas Rights Mandatory Disclosure Statement does not modify or limit the obligations of Seller under Paragraph 8(g)of this Contract and shall not constitute the assumption or approval by Buyer of any severance of mineral and/or oil and gas rights,except as may be assumed or specifically approved by Buyer in writing. NOTE:The parties are advised to consult with a NC attorney prior to signing this Contract if severance of mineral and/or oil and gas rights has occurred or is intended. 6. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments;Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs:Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners'association for providing information required by Buyer's lender, Page 7 of 15 STANDARD FORM 2-T ! 1 Revised 7/2020 :.,: 8 �01- Buyel's initials � Seller's initial$�� ���,_ �� � ®7no2o Pnnduced!14 • omlab,tipt.cau to+ `'.—lie Resod F .Michigan 48026 Dwee.ri9Loaixe 2504Shandy �' OCT 19 2020 (ii)charges required by an owners'association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions,membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer,such as"move-in fees"; (iii)determining restrictive covenant compliance; (iv)appraisal; (v)title search; (vi)title insurance; (vii)any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii)recording the deed;and (ix)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:(I)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: 1 X 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): ❑X The Property is residential and was built prior to 1978(Attach Lead-Based Paint or Lead-Based Paint Hazards Disclosure Addendum (Standard Form 2A9-T}). (c) Assessments:To the best of Seller's knowledge there Dare[I are not any Proposed Special Assessments.If any Proposed Special Assessments,identify: Seller warrants that there ❑are Q are not any Confirmed Special Assessments.If any Confirmed Special Assessments,identify: NOTE: Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 6(a)and 8(k). (d) 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 • By laws of the owners'association a current financial statement and budget of the owners'association • parking restrictions and information * architectural guidelines ❑ (specify name of association): 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: ❑ (specify name of association): 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; Page 8 of 15 STANDARD FORM 2-T 41( 1 Revised 7/2020 Buyer's initials Seller's initials , s :;--':-_u��� j��/[J jy/}(y{/ y �J 7/2020 Produced tvhzlpFormebyzpLog>K 1., ,' '-�= "-:':; rase. 48ef4 wNM51Womxi ���VSO!Sh...07 OCT 1 9 2020 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, attorney'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: (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; (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 and(3)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). (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 shalt furnish at Settlement an affidavit(s) and indemnification agreements) 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-I 1.1, 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 ma' ,e a "short sale,"consideration should be given to attaching a Short Sale Addendum Form2A I 4-T)as an addendum to this 'ontraet. Page 9 of IS STANDARD FORM 2-T 400 )1Revised 7/2020 Buyer's initials I : x_F� 1 j�2— j��j C 7/2020 Y Seller's initi:. ;��� ���,,_�r:: Produced h..,Fonns!by ap4ogat 180'.Fifteen Mae Road.Frog adgan ooze an.__,e�.com 1so9 Slued,' OCT 1 9 2020 (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:TM (i) Agreement to Pay Buyer Expenses:Seller shall pay at Settlement$ 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: (i) any fees required for confirming Seller's account payment information on owners'association dues or assessments for payment or proration;(ii)any fees imposed by an owners'association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract other than those fees required to be paid by Buyer under paragraph 6(b) above; and (iii) 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. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, 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. (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) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 8 or Seller materially breaches this Contract,and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies.If legal proceedings are brought by Buyer against Seller to recover the Earnest Money Deposit,the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 9. PRORATIONS AND ADJUSTMENTS:Unless otherwise agreed,the following items shall be prorated,with Seller responsible for the prorated amounts 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. I0. HOME WARRANTY:Select one of the following: X No home warranty is to be provided by Seller. Buyer may obtain a one-year home warranty at a cost not to exceed$ 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_ 11. RISK OF LOSS/CONDITION OF PR ERTY AT CLOSING:The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.Seiler is advis not to cancel existing insurance on the Property until after confirming recordation of the deed_ Page 10 of 15 STANDARD FORM 2-T Revised 7/2020 Buyer's initials#4 Seller's initials f °r`K s'- 49- p ©7/2020 RomeMd with a Fenn8 by apLop&18070 Fifteen Mile Road.F _..._{;,Ti` •an40026 vrnran1aons,qm. 15015baady 7 O C T 1 9 2020 Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and tear excepted.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 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. 12. DELAY IN SETTLEMENT/CLOSING:Absent agreement to the contrary in this Contract or any subsequent modification thereto,if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement("Delaying Party"),and ifthe other party is ready,willing and able to complete Settlement on the Settlement Date("Non-Delaying Party")then the Delaying Party shall give as much notice as possible to the Non-Delaying Party and closing attorney and shall be entitled to a delay in Settlement.If the parties fail to complete Settlement and Closing within fourteen(14)days of the Settlement Dare(including any amended Settlement Date agreed to ut writing by the parties)or to otherwise extend the Settlement Date by written agreement,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 1(m)unless otherwise provided below: pA 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 I 1-T)or Vacation Rental Addendum(Form 2A I 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. Additional Provisions Addendum(Form 2A I I T) New Construction Addendum(Form 2A3 T) Additional Signatures Addendum(Form 3-T) Owners'Association Disclosure And Condominium Resale Statement Addendum(Form 2AI2-r) Seller Financing Addendum(Form 2A5-T) Short Sale Addendum(Form 2A14-f) Back-Up Contract Addendum(Form 2A I-T) FI-IANA Financing Addendum(Form 2A4-T) K Lead[tared Paint OrLegd-Raced Paint Hazard Addendum(Form 2A9 T) Loan Assumption Addendum(Form 2Afi T) Vacation Rental Addendum(Form 2A13-T) Identify other attorney or party drafted addenda: 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 Seiler 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 r in binding upon and for the benefit of the parties hereto until fully observed,kept or performed. Page I 1 of IS STANDARD FOIii-11 2 20ZQ t .- �A / Revised 7/2020 1p buyer's initials Seller's initial. _ = i1 t �! z `�Q ®7/2020 Produced with 73pFprm5by apLoga 78070 linen au Rend,F M,ctiaan 58020 731951w"ay 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,Ail changes,additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTORS 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 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 DAYS/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. [THIS SPACE INTENTIONALLY LEFT BLANK] o C T 19 2020 Page 12 of 15 STANDARD FORM 2-T ` king vised 7/2020 Buyers initials Seller's initials' ;e' /� W ng Si—' ®7/2020 Produced mmA try erotogi: MOM Fifteen W!e Reed.F. l 49025 yam'!rmhr.iNd 2509Sl dr THk: NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS. YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, 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 shalt give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: 3L, Date: Buyer oftSeller Chs {ik- : i r ,' 7-f4 r,PS/.'--12 t:-1„-:'--''e.-':?1-.A,=,.v'--' 4 oie...4„.....t„, Date: . Dat04 'a x .: Buyer Seller: ' a '. r( Phi ip Rorke Entity Buyer: Entity Seller; Cardinal Point LLC (Name of LLCICorporation/Parfnership!Trust/etc.) (Name of LLC/Corporation/Partnership/Trust/etc.) By: By: Name: r,y. A,e: • Print Name Pri t 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, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 13 of 15 STANDARD FORM 2-T Revised 7/2020 ©7/2020 a Produces wan zipFarn,4 by ZipLacyx 18070 Fifteen Mile Raid.Fraser.Michigan 48028 twnv.zieLaafx com 5509 M y 1 9 2020 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 "NIA" 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:Cadence Realty Corp Listing Firm Noted,h5 Acting as[]X Buyer's Again Q Seller's(sub)Agent U Dual Agent Acting as eller's Age t Duaygent Firm License#:C2688t Finn License#: Mailing Address: I Stone Street,Wrightsville Beach,NC M ing Address: 0 28480 Individual Selling Agent:F.Evan Barton Individual fisting gent: Acting as a Designated Dual Agent(check only if applicable) Acting as a Designated Dual Agent(check only if applicable) Selling Agent License#:274182 Listing Agent License#: 4/2,41J. 7 Selling Agent Phone#:(910)547-4594 Listing Agent Phone#:s//4 ` 0 le S7 Selling Agent Fax#: Listing Agent Fax#: Selling Agent E-mail:evanC cadencerealty.com Listing Agent E-mail:7 ^ 1iedbid,Sea.COa t -�'0 [THIS SPACE INTENTIONALLY LEFT SLAW Page 14 I f 15 STANDARD FORM 2-T } Revised 7/2020 Buyer's initials ihe Sellers InJti• x= x�/a 6? ®7/2I?20fir v Pradure3 v n hprorr O bp Musa 18870 Mean May Road, •Michigan 48026 thwairingix.cmg 2309 Shady O C T 19 2020 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: ("Seller") Buyer Chris Boggs,Philip Barker ("Buyer") Property Address; 2509 Shandy Lane,Wilmington,NC 28409 ("Property") 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 S receipt of which Listing Agent hereby acknowledges. Date: Firm: By: (Signature) (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$ ,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$ 10,000.00 . Escrow Agent as identified in Paragraph 1(0 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. Dare: Firm: Closing Attorney 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$ .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: Closing Attorney Time: A.M.Q P.M. By: (Signature) (Print name) Page 15 of 15 STANDARD FORM 2-T Revised' 7/2020 Produced wdh Warn,try wi.ogd 18070 raven drte Road.Fuser,haeh 026 ipan 48 Www Rol Mir r"al 2509 shwa l(+T 1�9 2020 1°4 FOR REGISTRATION REGISTER OF DEEDS REBECCA T CIRISTIAN GIFT DEED N1 FES 05 0$SSv35 AAS �, BK 2688 PG 2B1284 FEE 812 00 51 INSTRUMENT II 2001003090 ExeIse Tax Retarding Timm Book and Page TaxLot No Parcel Identifier Na R05-300-001-015-000 RO6-300-001-015-002 Verified by County on the day of , 19 by Cali after recording to Lucy H. Wendt, 204 N. Drewry Lane, Raleigh, N. C. , 27609 This instrument was prepared by George H. Newsome, 717 Yarmouth Road, Raleigh, N,C.,27607 Brief description fur the Index 14.59 & .666 acres,Harnett Twpi NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this day of , 19 ,by and between GRANTOR GRANTEE William H. Wendt, III Lucy H. Wendt and his wife Marilyn McRinny Wendt /1/3 devialle4L, 00j . rater in appropriate block for each party mme,address,and.If appropriate,character of entity,aq aerperauan or partnership. The designation Glamor 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. WITNESSED', that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby awiedged, has and di these dpieaents does grant, bargain, sell and convey unto the Grantee in fee simple, all that 6 Percent un viide interest in that /ceitaili lot or paieel of land situated in the City of Wilmington Harnett Township, New Hanover County,Noith Caiohne and mine aurticulatly described as fallena• See Exhibit "A" attached hereto and incorporated by reference. OCT 1 9 2020 4..a. Cwrm N. i T.1051 neri.ed 1911 hwri e,orw+..,..Ad.N C Roc war MI The property hereinabove described was acquired by Grantor by instrument recorded in Book 1424, Page 0226 New Hanover County Registry . A map showing the above described propert 1 recorded in Flat Batik pa .Hbpercentundivided interest; in said TO HAVE AND TO HOLD the aforesatd4lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee In fee simple. And the Grantor covenants with the Grantee, that Grantor is seized 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 agarnit the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove described is subject to the following exceptions This property is conveyed subject to covenants, easements, restrictions and liens of record and to 2001 taxes. IN WITNESS WHEREOF. the Grantor hes hereunto Pet hie hand and seal,at it consume.has caused this instilment to be slaaed(n its rerporets name h its aaly�Kls oI rf an ice seat a 1w K ti iftroodp Y is rl o Its Bo rd of 1,Ueetors, the and e r aiotawrid n William 1l Wenrdt, ar., Glrantotir'�s nu sun `Joins in 'the execution or this deed solely €or the purpose of releassing his marital rights to Grantor's undivided..inher.est__i.A.thi$_Prt2petty at (SEAL) (CorPasate Mime) in By W X4C-(" ( __ iii-__ _ r (sEAL) retetaeag ..4 a- r/1 ATTEST, .,; e ////�f (SHALL rr ti Seeretary(Corporate Seal) at (SEAL) r fr A � ,.� NORTLL CAa41INA. _ County. 0 ? �': > � ;,r� A t ,wFskY� . t.a Nepmry Public o! the County and *tau aforesaid, certify that _._.1.jjC;!_I3�__isien�ri.:t.-aAG� F,_3 t,r,�t[,'''; `•�h*,r,'- William H. Wendt, Jr. Graetor • .," Ge E'. T•-,:% Personally sP�ared before me this day and acknowledged T- the s�execution at the foregoing(nauumtnA witneu ray 's �•. £.;r'' hand and ti1Itelal sump os sea;this �d day or_ -_�.A_ .1 4-" Y 'all?'" le �x- ....'m.','rt L fe,tng:4•'"J 7/e -83 /(mil iC • 6:4',-. Nota[y Public f cl^•t•'a6., . �j, My Commission raptrh•__ ' .,c SCAL-STAMP NQRTII CAROLINA, Cdunty 1,a Nuta.y Public of the County stud State aforesaid, certify that . st personally ram* before sea this day and acknowledged that____he Is Secretary of a sla North Carolina corporation.and that by authority duly • given and as the act or the corporation. the f leg Instrument was signed In its earns by to • President.sealed with its corporate seal and attested by_ es It■- SeerelarY p wihtess my hand and otficW*tamp or seal,this day of ,19 My commission explrel Notary ream The fereg*leg tertitirate(s)of asfare matted to be correct This Instrument and this certificate are duly registered at the date gad time and in the Book and Page shown en the first page heron[ sgolcTFlt OF D86Da FON. COUNTY By Bepnty/Auistant-Righter of Betide OCT 1 9 2020 NC Bar Amu fount No 9 O 197C Revised 1977 Printed by Agreement with the NC Bar Assn Poole Pnnhaq Co Inc PO ensues?r'a.n 01 NC 77859 fte LXHIBIt "A" TRACT 12 BEGINNING at the Northwest corner of the footing of a brick post in the Eastern line of Shandy Avenue, which is the Northwest corner of (now or formerly) Mrs. Katherine Reynolds' . said beginning being North 25 degrees 30 minutes East 215 feet (as measured along the Eastern line of Shandy Avenue) from a stone marked "P", the same being (now or formerly) Panders' Northwest corner, and is also North 25 degrees 30 minutes East 621 feet from the point where the Eastern line of Shandy Avenue intersects the Northern line of Pig Fish Lane, the same being (now or formerly) Fenders' Southwest corner; running thence from the beginning and along the Eastern line of Shandy Avenue North 25 degrees 30 minutes East 200,, feet to the Southern line of a 40 foot lane; thence along the Southern line of said 40 foot lane South 87 degrees 5 minutes East 956.3 feet to an iron pipe in the edge of the Sound, running thence along the edge of said Sound. South 8 degrees 15 minutes West 206.5 feet to an iron pipe, (now or formerly) Mrs. Katherine Reynolds' corner, thence along the said Reynolds' Ntrthere line North 67 degrees 5 minutes West and parallel with the second call hereof, 1022.3 feet to the beginning, containing 4.59 acres, more or less. according to a survey made by Louis L. Merritt, C.E. , April 27, 1937, together with any and ail interest, right or title which William H. Wendt. Jr. may now own or hereafter acquire by deed or otherwise in and to any and all lands situated in front of and between the Eastern boundary of the above described lands and lying West of the Intra-Coastal Canal. TRACT 2; BEGINNING at an old iron pipe in the Eastern line of Shandy Avenue (S.R. No. 1512, 40 foot right-of-way) that is South 66 degrees 23 minutes East 20.02 feet from a point in the center line of said street that is 765.24 feet Northwardly along said center line from its intersection with the center line of S.E. No. 1511, said pipe being the Northwestern corner of Westport according to the map of same recorded in Map Book 25 at Page 115 of the New Hanover County Registry. said pipe being North 25 degrees 52 minutes East along said line of said street 214.98 feet from an old stole marked "P", a common corner of Westport and ❑ak Landing Townhouses (Map Book 22, Page 69, New Hanover County Registry), said stone being North 25 degrees 52 112 minutes East along said line of said street 305.31 feet from its intersection with the Northern line of Pig Fish l,.ane (20 foot .right-of-way) . said Beginning point also being the Southwestern corner of the tract described in the Deed to William H. Wendt. Jr. , recorded in Book 949 at Page 763 of said registry) running thence from said Beginning point North 25 degrees 52 minutes East along the Eastern line of Shandy Avenue 132.70 feet to a point at the Southern end of a curve, said point being South 25 degrees 52 minutes West 67.30 foot from a conorete nail in the pavement of said street. the Northwestern corner of said Wendt tract; ther,ie rlortheestwardly along said line of said street as it curves to the East (radius of 70.00 feet) to a point at the Eastern end of said curve that is North 69 degrees 44 1/2 minutes East 97.03 feet from the preceding point. said point also being South 66 degrees 23 minutes fast 87.30 feet from said conorete nail and in the Northern line of said Wendt tract; tnence South 66 degrees 23 minutes East along the Southern line of Shandy Avenue (the Northern line of said Wendt tract) 82.70 feet to an iron pipe. thence South 25 degrees 52 minutes West and parallel with the first pall 200.00 feet to an iron pipe in the dividing line between said Wendt tract and Westport; thence North 66 degrees 23 minutes West along said oividing line 150.00 feat to the point of Beginning; the same c'inte.ning 0.666 more and oeing the western portion or tiu 'sec's aesorabed in she reed to Wi11Ian N. Wendt, Jr. recorded in Book 345 et Page 763 or the New Hanover County Registry OCT 19 2020 $bVEk ? .Co W c4' J ' tit REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 Filed For Registration 02/0512001 08.35.38 AM Book RE 2880 Page. 281-284 Document No.. 2001003890 DEED 4 PGS $12.00 Recorder: PATRICIA BARNES State of North Carolina, County of New Hanover The foregoing certificate of NANCY R CURTIS Nota• ji rtified to be •rrect.This 5TH of February 2001 REBECCA T CHRISTIAN, REGISTER OF DEEDS B ,4 - Depu Assistant -egister of Deeds *********************************************************************************fhk************************************* * 200 003 890 * 2001003890 OCT 1929 Major Permit Fee Schedule Project Name: Fu/kerlO6 Lr J ry��ea County:j/�C Check No &Amount: • 5641 Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III.For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C,or D below applies: IRA).Private,non-commercial development, if General Water Quality $250 100% ($250) - 0% ($0) Certification No.4175 can be applied: III(B)- Public or commercial development, if General Water Quality Certification , $400 100% ($400) 0% ($0) No.4175 can be applied: III(C). If General Water Quality Certification No.4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is $400 60% ($240) 40% ($160) needed because of concerns related to water quality or aquatic life: I11(D)_ If General Water Quality Certification No.4175 cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: