20050404 Ver 1_Complete File_20050302

f -,)m
variances
Subject: variances
From: Tom Steffens <[e-mail]>
Date: Mon, 28 Mar 2005 14:08:02 -0500,
To: Cyndi Karoly <[e-mail]>
CC: Debbie Edwards <[e-mail]>
the following have been reviewed and issued from waro. some have been issued for a
while, but failed to make it into fps due to technical reasons ( I forgot..duh!)
sorry.
more to come
note: # - g written directly
toms
pro num date rec reviewer writer type rev waro county
name comments
05-0259 .. 2-Feb tas tas gen maj 12-Feb
Pamlico':. John Harper
Issue n/c
05- 11 7-Feb tas gen maj 12-Feb
Craven illiam an uth des
Issuew/mit for Z - -
05-0 4-Feb taserj 18-Mar
Beaufort rry L'
Iss
05-0404 -Mar tas t gen ma] 18-Mar
Pamlic seph Cicco
Issue n/c
05-0412 2-Mar tas tas min var 18-Mar
Pamlico Gray Macy
HOLD- incomplete app, garage impacts not accounted
-3a?tas tas min var 18-Mar
Crave George Manthe
Issue w - one 1 impact for house construction or
diffuse flow or to?a?t
a.A
min var 18-Mar
05-0496 4-Mar( t
Pamlico Joker
Issue w/cond
-0314
b tas gen ma'
Beaufor a ton P Oneal II
1,
1 of 2 3/28/2005 2:43 Pb
variances
70 8-Mar kb
Bea- ort Marshall T
Issue-w/cond m
04-02 2-Mar tas
Pamlico er Mend
Issue-MOD for error on,
gen maj 28-Mar
for estoration)
tas gen maj 28-Mar
11
inal app
2 of 2 3/28/2005 2:43 PM
0
WATF9
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141ichael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 22, 2005
DWQ Project # 05-0404
I., Pamlico County
Mr. Joseph Ciccone
101 Pram Lane
Oriental, NC 28571
Subject Property:
Lot 62 / 101 Pram Lane
Oriental, NC
Pamlico County
44 Of qy#,
2
v 3?
,yFNR X0,5
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RBRQr'?N
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar Pamlico
Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the
Coastal Counties as defined by the Coastal Area ManagementAct with Additional Conditions
Dear Mr. Ciccone:
You have our approval, in accordance with the conditions listed below, to impact approximately 132
square feet (fl) of Zone II of the protected riparian buffers for the purpose of constructing a residential
deck on the subject property as described within your application dated 17 March 2005. This letter shall
act as your approval for the use of the "General" Major Variance; From the Neuse and Tar-Pamlico
Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal
Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS as
approved by the Water Quality Committee (WQC) of the Environmental Management Commission
(EMC) on May 10, 2001. In addition, you should get any other required federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion Control and
CAMA permits. This approval shall expire when the variance expires on April 11, 2006 unless the
variance is renewed before that time by the EMC.
This approval is for the purpose and design that you described in your variance request. If you change
your project, you must notify us and you may be required to send us a new request for approval. If the
property is-sold, the new owner must be given a copy of this approval and is thereby responsible for
complying with all conditions. This approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: h_p://h2o.enr.state.nc.us/ncwetiands
Nor hCarolina
)akra!!y
2. Diffuse Flow
All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive
velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B
.0233(5). No new ditching or piping of stormwater through the protected buffers is allowed.
If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules (15A NCAC 213.0233 (9)(b)). Please call Tom Steffens at 252-948-3920 if you have
any questions or require copies of our rules or procedural materials.
S' cerely,
L L
Al Hodge
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Coastal General Variance
Certificate of Completion
cc: D Q WaRO Regional Office
Q Central Office, Cyndi Karoly
Central Files
Mr. Skip Lee, Building Inspector
Pamlico, County
Variance Triage Sheet
DATE: AS O? PROJECT NAME: ci r.LOV?y,
DWQ #: CY5 - G<o?I
COUNTY: Pa- M t C'?
TO: Tom Steffens, Washington Regional Office
FROM: Debbie Edwards TELEPHONE: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
"General" Major Variance
E Minor Variance
COMMENTS: As per the discussion regarding revision of the triage
and delegation processes, please review the attached file. Note that
you are the first reviewer, so this file will need to be reviewed for
administrative as well as technical details. If you elect to place this
project on hole, please ask the applicant to provide your requested
information to both the Central Office in Raleigh as well as the
Washington Regional Office. As discussed, this is an experimental,
interim procedure. Please let the Central Office know of any
complications you encounter, whether related to workload, processing
times, or lack of a "second reviewer" as the triage process in Central
Office had previously provided.
Joe Ciccone
101 Pram Lane
Oriental, NC 28571
050404
401
h
NC Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
ty ' y
RD
Y
I' "No,
050404
MeRnm 401 ISSUED
To: NC Div of Water Quality
Fronc Joe & Patrice Ciccone
CC: Kyle Barnes
Date: February 28, 2005 N4AR 2 2005
Re: "General" Major Variance Application DENR - WATER CU :LiTY
fETMD MD STUt1KWATER Bji} NCH
To Whom it May Concern:
We have included 3 copies of our Application for a General Variance
per instructions from Kyle Barnes. Please review the enclosed and
advise us of any questions or comments. We can be reached at the
following numbers:
Home: 252-249-3051
Office: 252-249-0281
MobilV 252-349-1999
We thank you in advance for a timely review and approval of this
request.
Sincerely,
Joe & Pat Ciccone
101 Pram Lane
Oriental, NC 28571
1

F .
OFFICE USE ONLY: Date Received Request #
401 l® E LB
"General" Major Variance Application Form P-2 Nuo
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential ;? c(f, QUptlTy
on existing lots within the coastal counties as defined by the Coastal Area Mar4Gfg&wt RiF,ti'r`ATER BF-M!CH
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Please identify which Riparian Area Protection Rule applies.
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (I SA
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 401JWetlands Certification Unit, 9650 Mail
Service Center, Raleigh, NC 27699-9650, 999-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporati n, individual, etc. who owns the property):
2. Print Owner/Signing Official (person
Name: .TpsE-,??
Title: Olyr/d%
Street address:
City, State, Zip:
Telephone: ? •?.?
Fax:
3. Contact person who can
Name:
Telephone: 4.;%
Fax: (??
Email:
responsible for the property and its compliance)
the proposed project
`General' Variance Application Form
Version 1: May 2001
"General" Variance Application Form Addendum5
pp2 #4. Proiect Name: Rebuild Destroyed PRIMARY residence.
Hurricane ISABEL September 2003
Sail Loft Subdivision Lot # 62
Oriental, Pamlico County, North Carolina 28571
Pp2 #5 Project Location: Sail Loft Subdivision
101 Pram Lane
Oriental, North Carolina 28571
Pamlico County
35°01'20"N / 76°43'10" W
pp2 #6 Directions: Southwest on NC Hwy 55 BROAD St. through Oriental over High-rise
Bridge. NC Hwy 55 becomes Oriental Road. Approximately 1 mile to Sail Loft
Subdivision on RIGHT. Turn RIGHT onto BRIGATINE BLVD. Continue on
BRIGANTINE past Tennis Courts to 1St LEFT SCHOONER CHL Follow SCHOONER
to PRAM LANE on Left. 101 Pram Lane is 1St house on Left.
Pp2 #7 Stream Impacted:
Pp2 #8 Permits:
Long Gut off of GREEN Creek
As noted on form
Pp2 Part2 #1 Description of Activity:. Rebuild PRIMARY residence which was destroyed dur'
Hurricane ISABEL in September 2003.
Pp2 Part2 #2 Rebuild Reason: New residence will be rebuilt on same footprint with minor
addition (See attached plan). This house was built in 1975 and placed between the water
and septic system. To move footprint of house to any other location on this lot would
entail extensive disturbance to thickly wooded areas, driveway, and current septic field.
In addition to the Environmental Impact, it would be personally cost prohibitive.
Pp3 Part2 #3 Best Management Practices: Silt screening has been installed to protect sensitive areas.
Once house is raised in compliance to New flood elevation the property will be graded
and planted to minimize runoff.
Pp3 Part2 #4 Sect.1 Explanations: Insurance settlement does not cover full cost of rebuild
causing personal financial hardship. Septic Field would need to be relocated. Driveway
would need to be relocated. My Wife's LYME disease and arthritic condition prohibit a
2 story home.
Pp3 Part2 # 4 Sect. 2 Hardships: This house was originally built in 1975 between Septic
System and Creek. This location does not comply with current setbacks. Total
destruction of home caused by Hurricane Isabel was beyond our control.
Pp3 Part2 #4 Sect. 3 Economic Hardship: The Flood Insurance settlement took over 13 months,
increased living expenses including Rent, Storage Facilities and Insurance for personal
belongings has placed a heavy financial burden on us personally.
022-M5
P? 4 It ? /K-c( v---)
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the portion
of the USGS topographic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permitslapprovals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in fe.:
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
`General" Variance Application Form, page 2
Version 1: May 2001
-rd It dlot'`j 0--n
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City, State, Zip:
Telephone:
`General' Variance Application Form, page 3
Version 1: May 2001
Fax: t ?a ` `z??j • c3C®
Email:
Part 5: Applicant's Certification
(print or type name of person
listed in Part I, ItcLm 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions. /a
Signature:
Date:
Title:
PAC Division of V\later t. Lnhty (OL)WO)
+01 VL'et!ands Certifica'ion Unit
2321 Cr;31-tr c Blvd. LCCATiv J)
1650 % 1v;i `' c2 Ce^.. r ?A1LIf1G ADD ,ASS)
Raleigh, NC 2-6,09-16501
[phone] (phoro),
-z.
R,',- EIGH REGULA.TC RY FIELD OFFICE
US fvnny Corps of En - n ,ers
6VC3 Falb of thle I ui _ ,:cad. Sul.., 120
R:.! i0h "North Carcl;na 217613
Gen:-r2l i urni--er: (919) 876--`441
.n4_,r?i,urhtm
V%.ASHIi+`GTON REGULr -TORY Fi LD C=riCE
US Army Corps of Erigin - rs
r n t C` ;-e Box 1 C;00
v^'wsf;ir , Cn, i or',h Carci;na 27C30-1CCC
..=.'-i moral Nun«_r: i%521 9175- 1 kj16
NIP Sa',-V. c .wrrry 1I .,"°'t-u??C•Ur h m
,^dcsh. `,ton Cis- nct O;'''!cc.
Dm ;on of Coa tal IM nor,=ern-nt
C43 Wad-mgton Square
4^ asl. ngton, INC 2787429
N . ne, 2521046-6i3 i
%I rel;?.?-;d City DI", ICI ;'; <;
C ,ice=ion of c .? ; nz:?°?munt
151-3 High;._ y 24
;1oret:_vd City, NC 2x:557
Phone: 252,'-C=-23CS
"General" Variance Application Form, page 4
Version 1: May 2001
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rst-Citizens Bank & Trost Company
Po Box 26592 - DAC20 .?
Raleigh, NC 27611 `
fir' HEM RECORDED MAIL TO:
First Citizens Bank
Pty Box 26592
DAC20
Raleigh, NC 27611
SEND TAX NO'; MES TO:
Joseph C Ciccone and Patrice rV1 Ciccone
500 Hodges 5t
Oriental, NC 28571
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
T::is Deed of Trust prepared by_ X
Hollowell and Hollowell
fix, L&
BANX
DEED OF TRUSS'
THIS DEED OF TRUST IS DATED (lA`4. -?S:fL among toseph C Ciccone and Patrice M Ciccone, husband anc
wife, whose address is 500 Hodges St, Oriental, NC 28571 (referred to below as `Grantor"?: First-Citizens Bank 8
rust Company, whose address is PO Box 26592 - DAC20, Raleigh, NC 27611 (referred to below sometimes as
"Lender" and sometimes as "Beneficiary"); and Alexander S Badger Jr (referred to below as "Trustee").
CONVEYANCE ARID GRANT- NOW. THEREFORE, as security for the Indebtedness, advancements and other sums expended by the Benefic:iarl
pursuant to this Deed of Trust and costs of collection (including attorneys' fees as provided in the Note) and other valuable consideration, the
receipt of which is hereby acknowledged, Grantor has bargained, said, given, granted and conveyed and does by these presents bargain, sell,
Dive, grant and convey to Trustee, and Trustee's heirs or successors and assigns, for the benefit of Lender as Beneficiary, all of Grantor's right
title, znd interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings
lprovements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities
with ditch or irrigation rights); and au other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil
gas, geothermal and similar matters, located in Pamlico County, State of North Carolina (the "meal Property"):
See Exhibit "A" attached hereto and incorporated herein by reference
i to have and to hold said heal Property with all privileges and appurtenances thereunto belonging, to the
Trustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions and for the uses
hereinafter set forth.
The Real Property or its address is commonly known as 101 Pram Ln, Oriental, NC 28571.
Grantor presently assigns IQ ieruler ialso kntfwYi as i ene#iciary in this Deed of Trust) ail of Grantor s'rigit , Et e, and interest in and to all presen'
and Suiu`r as'es of the Property and all Rents from the Property. in addition, Grantor grants Lender a Uniform Commercial Code security
interest in th Rents and the Personal Property defined below.
DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in ibis
Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references, to,doilar amounts shall mear
amounts in lawful money of the United States of America.
Beneficiary. The word "Beneficiary" means First-Citizens Bank & Trust Company, its successors and assigns. First Citizens Bank & Trust
Company also is referred to as "Lender" in this Deed of Trust.
:),--ad of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation at
assignment and security interest provisions relating to the Personal Property and Rents.
Grantor. The word "Grantor" means any and ail persons and entities executing this Deed of TrusL including v ithout limitation Joseph i
Ciccone and Patrice M Ciccone.
Guarantor. The word "Guarantor" means and includes without limitation any and all guarantors, sureties, and accommodation parties it
connection with the Indebtedness.
irnprovernems. The word "Improvements" means and includes without limitation all existing and future improvements. buildings
>.ructures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property.
indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advancec
by Lender to discharge obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under this Deet
of Trust, together Leith interest on such amounts as provided in this Deed of Truss.
Lender. The word "Lender" means First-Citizens Bank & Trust Company, its successors and assigns.
_, _ ---" ----- .L ee_,- .,.....a any., nA aaan in the nrinr_inal ananrrnt of a925-000.00 from Grantor to Lender:
NORTH CAROLINA
PAMLICO COUNTY
SAY
THIS DEED, made and entered into this !? day of kaE-IR1,
1999, by and between SUSIE S. HAULENBEEK, widow, hereinafter
called "grantor", and JOSEPH C. CICCONE and wife, PATRICE M.
CICCONE,
hereinafter called "grantees";
?+ I T N E S S E T H:
That grantor, for and in consideration of the sum of ten
dollars and other good and valuable considerations to her in hand
paid, the receipt of which is hereby acknowledged, has bargained
and sold, and by these presents does bargain, sell and convey to
the said Joseph C. Ciccone and wife, Patrice M. Ciccone and their
heirs and assigns, a certain lot or parcel of land in Number Five
(5) Township, Pamlico County, North Carolina, particularly
described as follows:
Lot Number Sixty-Two (62) as shown on the map entitled
"REVISED PLAN OF SAIL/LOFT NEAR ORIENTAL, NORTH
CAROLINA" as prepared by Edward B. Latham, P.E., copy of
which is recorded in Map Book 6 at page 83, Pamlico
County Registry.
Said lot is conveyed subject to the Declaration of
Restrictions dated April 15, 1975 and recorded in Book
179 at page 568, Pamlico County Registry.
Said lot was conveyed to grantor by deed dated February
6, 1978, recorded in Book 194 at page 697, Pamlico
County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land,
together with all privileges and appurtenances thereunto
belonging, to the said Joseph C. Ciccone and wife, Patrice M.
Ciccone and their heirs and assigns, in fee simple forever.
And grantor, for herself, her executors and
administrators, covenants with grantees and their heirs and
assigns, that she is seized of said premises in fee; that she has
a perfect right to convey the same; that the same is free and
clear of all encumbrances whatsoever; and that she will warrant
- - - - -- - ... .-•-- ---- ------?- ;L_ ,..._..?.., ,.,,.,,.? „f air
OFFER TO PURCHASE AND CONTRACT
aenh • C_ and Patrice M. Ciccone _ aslloper.
-by offers to purchase and Susie S. Haulenbeek, widow as Seller,
Jon acceptance of said offer, agrees to sell and convey, all of tltat plot, piece or parcel of land described below, together with all improvements located
hereon and-such fixtures and personal property as are listed below (collectively referred to as "the Property"), upon the following terns and
:onditious:
1. REAL PROPERTY: Located in the City of Oriental , County of
Pamlico State of North Carolina, being known as.wd more particularly described as:
itreet Address Ltp 28571
+8-+- P=Aamf Lane
Legal Dcscripf nLot #62 Sail Loft Subdi vision
;M All O.A p rence: oo atc No. 697 Pamlico County.)
NOTE: Prior to signing the Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the
Property, and to read the Declaration of Restrictive Covenants, By-Laws. Articlrs of Incorporation. Rules and Regalations. and other governing
locuments of the owners' association and/or the subdivision, if applicable.
Z. FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans.
attached floor coverings, blinds and shades including window hardware. window and door screens, storm windows, combination doors, awnings,
antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs,
fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage
sheds, mailboxes, wall and/or door mirrors, and any items attached or affixed to the Property, EXCEPT the following items:
3. PERSONAL PROPERTY: The following personal property is included in the purchase price: Microwave oven, trash
nmmpai?,-roT rPfria rator, wa?hPr and dryer window treatme_. s
4. PTCH Sg PRICE: The purchase price is $180, 000.00 and shall be paid as follows:
(a) $ 5 0 0. 00 , EARNESTMONEY DEPOSIT by 17 cash 0 personal check 0 bank check 0 certified check 0 other
to be deposited and held in escrow by Hollowell: & Hollowell its
escrow agent, until the sale is closed, at which time it will be credited to liuyer. or until this contract is otherwise terminated. In the event: ( i ) this offer
is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this
contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available
to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shalt be forfeited upon Seller's
request, but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach.
NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is
required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its
disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction.
(b) , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to escrow agent no later than
(c) $ , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan {s)
secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
(d) $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. 00 -0-0- (e) $ 17 9 , ?0, BALANCE of the purchase price in cash at closing.
5. CONDITIONS: (State N/A in each blank that is not a condition to this contract.)
, 19 9 9, effective through closing, for a
(a) The Buyer must be able to obtain a loan commitment on or before Apri I 3 0 the date of loan at a
0 FHA 0 VA (attach FHANA Financing Addendum) M Conventional 0 Other in the principal amount of
0 Fixed Fate ? Adjustable Rate ? Other. Oone hundred thirtY':thousanqlor a term of 30 year(s), at an interest rate not to exceed 7 - 5 °Jo per annum, with
mortgage loan discount points not to exceed % of the loan amount. Buyer agrees to use his best efforts to secure such commitment. Buyer
shall be responsible for all costs with respect to any loan obtained by Buyer, except if Seller is to pay any of the Buyer's loan closing costs including
discount points, those costs areas follows: N/A
In the event-Buyer fails to provide Seller with written evidences of the loan commitment within five days after receipt of a written request from Seller
(but such request may not be made before the loan commitment date listed above), then Seller may terminate this contract unless Buyer waives the
loan commitment condition.
(b) There must be no restriction, easement, zoning or other govennmetual regulation that would prevent the reasonable use of the real property for
Res idential/Personal purposes.
(c) The Property must be in substantially the same or better condition at chlsin?- as on the (late of this offer, reasonable wear and tear excepted.
(d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at closing
such that cancellation may be promptly obtained following closing. Seller shall remain obligated to obtain any such cancellations following closing.
(e) Title must be delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable title, free
of all encumbrances except: ad valorem taxes for the current year (prorated through the date of closing); utility- easements and unviotated restrictive
covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer.
The Property must have legal access to a public right of way.
6. SPECIAL ASSESSMENTS: Seller warrants that there are no governmental special assessments, either pending or confirmed, for sidewalk,
paving, water, sewer, or other improvements on or adjoining'the Property, and no owners' association special-assessments, except as follows:
none
(Insert "None" or the identification of such assessments, if any.) Seller shall pay all confirmed owners' association assessments and all confirmed
governmental assessments, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows:
none
7. nR01.U ONS AND ADJUSTMENTS: Unless otherwise provided, the f0dowing items shall be hrollated and either adjusted between the panics
.,s to perntit treatment, if any, and repaii:s, if any, to h.: completed prior to dosing. All treatment requires span ? tutu /M.
prior to closing, unless otherwise agreed upct P1,> writi e rte ed tnt taent o B or Organisms other than wood-destorovm omsectsnlfenew
Ittll Mil l` Uiq ttt""•'°.---- -
tion. seller shall provide a ?tattdard warranty ot'tcnnite sail tr?attnCnt. 1
option of (i) & p:ti r::: Pursuant to any inspections in (b) :trtco ( fete them'. if
If Seller elects not to complete Seller
provide for the completion of the repairs, then ally repairs are necessary, dviding for their completion, or (iii) refusing to comp all
earnest
monies uver shall have the option of (iv) accepting the Propertt wise prese t condition, or (v) to dinatin dendum attached hereto, any items not covered by (b)
tall be refunded. Unless otherwise stated herein, or as Prot F AND O N LISTED
:), b (ii), b (iii) and (c) above are excluded from repair negotiations under this contract.
F;) Acceptance: . SI HAL N TI T C FPTA CEO EA H FTHES S WRITING
tBOVE IN ITS THE FXI NG C DI I N I ESS PROVISION I T ,RWISF. MAD to Buyer or Buyees 3. REASONABLE ACCrSS: Seller will provide reasonable aces ti the Property prior to representatives for the purposes of appraisal, inspection,
aid/or evahiation. Buyer may conduct a wa ug inP p9 , at a place designated by Buyer.
,4. CLOSING: Closing shall be defined as the date and time of recording of the deed.. All arties agree to execute any and all documents an papers
tecessary in connection with closing and transfer of title on or before MaY 7• 19
rite deed is to be made to Jost h C. Ciccone and Patrice M. Ciccone vcre
event
the
closing.
poss 15. POSSESSION: Unless otherwise provided herein, P s session shall be e a seller possession aft r closing gressio emenn NO to be delivered at
dosing: ? a buyer possession before closing- agreement
16. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO: SEE LIST
OF STANDARD FORTS ADDENDA AVAILABLE.)
Property
may other casualty terminate this prior to contract closing by shall be written upon notice Seller. If delivered the to Seiler or Selleimprovementsrs on the agent and all
17. RISK OF LOSS: The risk of loss or dame by fire or
closing,
are destroyed or materially damaged prior to Buyer
deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract, Buyer er shall be entitled to receive, in addition to the
to the Property being purchased
Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable
18. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract
Seller
er and
shall be binding an the assignee and.his heirs and successors.
of d
and PARTIES.
udae thetplural and the masculine ine udes the feminine and neuter g riders, ast ppropriaters an
As use This contract shatl be binding upon
19.
assigns. As used herein, words i the resingular in contained u P t or od
2b. SURVIVAL: If any provision herein which by its nature and effect is required to be observed, kept or performed after the closing, it
performed.
?F
other
shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed,
or deletions of the hereto parties must be and in there writingareand no signed by all representations, parties. Nothing inducements or contained
21. ENTIRE AGREEMENT: This contract contains the etbntireons agreement
n
provisions other than those expressed herein. All chanties,
herein shall alter any agreement between a REALTOR®or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreemen >
signe
the when sausiu: g instnedrubyment, both Buyer aandsigned orSeiler.iginal This being contract is retained by executed each under party seal in and each
or any other agency agreement between them. 22. I;YECUTION: This offer shall become a binding contract and
multiple originals, all of which together constitute one
REALTOR61or broker hereto, and the parties adopt the word "SEAL:' beside their signatures below.
DOES OU DO NOT UNDERSTAND." THIS OFFER TO PURCH REAL CONTRA ESTATE TE R FEEL T BEFORE ONO GN OVIDE FOR YOUR ATTORNEU LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA
IF Y
„_;t,• nersonal examination of the Property prior to the making of this offer.
Bever
Buyer -
SSfTax
Buyer -
SSITax
• p? o (SEAL)
Seller
SSJTax ID#
(SEAL)
Seller
SStTax ID#
Date:
Date: °` It
acknowledge receipt of the earnest money"herein set forth and agree to held and disburse the same iri accordance with the terms
I hereby
ltcrcof. Firm'
Date -
By:.
Selling Agent/Orm/Phone
Listing Agent/Firm/Phone _
p 1996 NC BAR ASSOCIATION - Fort No. 2.
? Buyer's Agent
Seller's (sub)agent
Acting as ? Dual Agent
CI Seller's (sub)agent
Acting as 0 Dual Agent
NCASSOCIAWN OF REAI.•TORS0, INC.-Form No. 2
Long Printing Co. t?O. Box 58693 - Raleigh, NC 27658

A
R
0
0
CO
0
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Lb
0
Cashier's Check 472
66.301631 Branch No.
Y FIRST CITIZENS 4355410
FMK
First-Citizens Bank & Trust Company Data X?i 1?
Raleigh, North Carolina
Pay to the Vollovell & Hollowell Trustee
order of
?I(I?II' ? I?t i'niitllyl?!" qli d ,d Ili ! i ilnil ? ithii l 1P p,
I 11,.ll; , lj j' Dollars
1. ,:;; i Notice To Cum mars ? ? ? ? ''? •f }; ? ??
Tho purcbneo at nn Indemnity Bond or an Ineurnnoo Bond will be required before nn of'acinl )rt y ?t,
cheek of thG bank will be re and or refunded in the event it is lost, misplecod or stolen. i i(?'` u-r{- E? r, r v {'i,i
-•°?:'f, '? ?'' NnN-NAG©TlA$LE;,-?;f? A
Remitter J'oeepb & 'Patrice Ciccone ,... w,
i
SCHEDULE AS TO HE P o-?ATTTI n-w nn V ' OREM TAXES
Sale of real property y HAULENBEEK TO CICCONE
Taxes on real estate sold are pro-rated as of IMay 14. 1999
36.71° Purchaser: 63.290
Seller: -
Tax description of property sold:
Tax Map: 1092-4-62
Listed to: Susie S. Haulenbeek
Current tax valuation for real property being sold: $140,470
Current personal and other real tax valuation of -sellers:
Personal: Real: -
Town of NIA tax rate for the year 1999: (ESTIMATE) $-0-
ESTIMATE) $•6943
County of Pamlico tax rate for the year 1999: t TOTAL
SBL_S PURCHASERS -
COUNTY TAXES 975.28
This real property $ 358.05 $ 617.23 $ -0-
-0- -0-
Personal _0_
Late listing penalty _0 975.28
$ 358.05 $ 617.23 $
Total all taxes _
SELLERS PURCHASERS TOTS
TOWN TAXES -0-
Personal real property . personal & other real 70- _0-
Late listing penalty
$
Total all taxes -0- _ $ 358.05
Sellers` portion of total County and Town taxes: 617.23
ers' portion of total County and Town taxes: $
Purchas -' aid by
Unless otherwise stated, all cf the above taxes have been p s
the parties involved to the pamlico-County Tax Collector.@s. on the
curren * The above stated tax rates are not Set their rat rat?until June
Because the County or T
or guarantee that the amounts collected
July, this firm cannot Due to this, we highly
will in fact pay all of the taxes.
or at commend that the parties contact
thQ followinSoYeartto verify )
re
745-4125 prior to January 1 °
whether any taxes are still owed.
pro-rating of ad valorem to es_Ls as t The above schedule ectsoand is agreed to, -this34th Y Of
correct in all resp
Maz: , 1999.

OFFICE USE ONLY: Date Received Request # - I
State North Carolina 01 I E
Department of Environment and Natural Resources
Division of Water Quality
"General" Major Variance Application Form -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant. The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 401/Wedands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information . '
(Please include attachments if the room provided is insufficient.) NIA R 2
2t1I1'i
1. Applicants name (the corporatin, individual, etc. who owns the property): t;&,ir _ t A 5 I 1-Y
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: ?SEs?'? ?fGCov? _?
Title: Ol?ir/6,C o,? EG??
Street address: a . ????
City, State, Zip:
,___?? 3 oaf
Telephone:
Fax: a7'Q9- 36?0?
3. Contact person who can answer uestions about the proposed project
Name: -??s?.P?l! G'/G?.,?E
Telephone: .? ??QZ?i'
Fax: 424r- 00 0
Email: ?"?/GCa40- el- ?49O?
`General' Variance Application Form
Version 1: May 2001
"General" Variance Application Form Addendums
pp2 #4. Proiect Name: Rebuild Destroyed PRIMARY residence.
Hurricane ISABEL September 2003
Sail Loft Subdivision Lot # 62
Oriental, Pamlico County, North Carolina 28571
Pp2 #5 Proiect Location: Sail Loft Subdivision
101 Pram Lane
Oriental, North Carolina 28571
Pamlico County
35°01'20"N / 76°43'10" W
pp2 #6 Directions: Southwest on NC Hwy 55 BROAD St. through Oriental over High-rise
Bridge. NC Hwy 55 becomes Oriental Road. Approximately 1 mile to Sail Loft
Subdivision on RIGHT. Turn RIGHT onto BRIGATINE BLVD. Continue on
BRIGANTINE past Tennis Courts to l t LEFT SCHOONER CIR. Follow SCHOONER
to PRAM LANE on Left. 101 Pram Lane is 1" house on Left.
Pp2 #7 Stream Impacted:
Pp2 #8 Permits:
Long Gut off of GREEN Creek
As noted on form
-ed durin
Pp2 Part2 #1 Description of Activity: Rebuild PRIMARY residence which was destro_y
Hurricane ISABEL in September 2003.
Pp2 Part2 #2 Rebuild Reason: New residence will be rebuilt on same footprint with minor
addition (See attached plan). This house was built in 1975 and placed between the water
and septic system. To move footprint of house to any other location on this lot would
entail extensive disturbance to thickly wooded areas, driveway, and current septic field.
In addition to the Environmental Impact, it would be personally cost prohibitive.
Pp3 Part2 #3 Best Management Practices: Silt screening has been installed to protect sensitive areas.
Once house is raised in compliance to New flood elevation the property will be graded
and planted to minimize runoff.
Pp3 Part2 #4 Sect.1 Explanations: Insurance settlement does not cover full cost of rebuild
causing personal financial hardship. Septic Field would need to be relocated. Driveway
would need to be relocated. My Wife's LYME disease and arthritic condition prohibit a
2 story home.
Pp3 Part2 # 4 Sect. 2 Hardships: This house was originally built in 1975 between Septic
System and Creek. This location does not comply with current setbacks. Total
destruction of home caused by Hurricane Isabel was beyond our control.
Pp3 Part2 #4 Sect. 3 Economic Hardship: The Flood Insurance settlement took over 13 months,
increased living expenses including Rent, Storage Facilities and Insurance for personal
belongings has placed a heavy financial burden on us personally.
022305
4. Project Name (Subdivision, facility, or establishment name -consistent wi C1?am on '
plans, specifications, letters, operation and maintenance agreements, etc 6?
II Ind
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
I V11
6. Directions to site from nearest major intersection (Also, attach an 8'/ x 11 copy of the portion
of the USGS topographic map indicating the location of the site):

7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as our to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received:
-e- r
Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit .
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in fe.:
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
'General' Variance Application Form, page 2
Version 1: May 2001
-? )I aA) YA-
s
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
if you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City, State, Zip:
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001
Fax:
Email:
Part 5: Applicant's Certification
I, DO?/?yje ,_ l_ C c3 A) S (print or type name of person
Signature:
Date:
_2 - -Q -- --- --
Title:
liste in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
r C Divi--ion of'A'a'O.r xu3hty (D'dvG)
.,01 We arnd.3 CerSGcation =Unit
_321 Crui tr v BNd. (LOCATIOid)
1.,350 %1 it rvicu Cer, r (PaLAJLIfJG ADDRESS)
Ralaigii INC ic9z-D-1coo
(919) 33-9123 (,phor;e.f
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Nliorehc.:d City, NIC 26557
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"General" Variance Application Form, page 4
Version 1: May 2001

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p 4USGS 2 i.m SW of Oriental, North Carolina United States 07 March 1993
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httt):L/terraserver-usa.com/Printlmaae.aspx?T=1 &S=10&Z=18&X=1716&Y=19384&W=1 &as=... 2/22/2005
rst-Citizens Bank & Trust Company
?O Box 26592 - DAC20
Raleigh, PSG 27511
MIEN RECORDED MAIL TO:
First Citizens Bank
PO Box 25592
DAC20
Raleigh, NC 27611
SEND TAX NOTICES TO:
.toseph C Ciccone and Patrice IV1 Ciccone
500 )dodges St
Oriental, NG 28571

SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONL`:
"?•l;is Deed of Trust prepared by: X
Hollowell and Hollowell
a .IN
R
DEED OF T
THIS DEED OF TRUST IS DATED tt, A? 1a-?:l_9?amorag ,Joseph C Ciccone and Patrice 10 Ciccone,`?husband anc
wife, whose address is 500 Hodges St, Oriental, NC 28571 (referred to below as "Grantor"j; First-Citizens Bank 8
ust Company, whose address is PO Box 26592 - DAC20, Raleigh, NG 27611 (referred to below sometimes as
"Lender" and sometimes as "Beneficiary"); and Alexander S Badqer Jr (referred to below as -Trustee").
CONVEYANCE AND GRANT. NOW. THEREFORE, as security for the Indebtedness, advancements and other sums expended by the Beneficiary
pursuant to this Deed of Trust and costs of collection (including attorneys' fees as provided in the Motel and other valuable consideration, the
receipt of which is hereby acknowledged, Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell.
dive, grant and convey to Trustee, and Trustee's heirs or successors and assigns, for the benefit of Lender as Beneficiary, all of Grantor's right
title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings
€nprovements and fixtures; ail easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock ir. utilitle:
with bitch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil
gas, geothermal and similar matters, located in Pamlico County, State of North Carolina (the "Real Property"):
See Exhibit "A" attached hereto and incorporated herein by reference
To have and to hold said Real Property with all privileges and appurtenances thereunto belonging, to the
't`rustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions and for the usez
hereinafter set forth. The Real property or its address is commonly known as 101 Pram Ln, Oriental, NC 28571
Grantor presently assigns-to.(.end's(also"knowri as Bensfrciary in this Deed of Trust) all of Graiiror s riglt , e, and interest in and to all present
and u ura Teases of the Property and all (tents from the Property. In addition, Grantor grants Lender a Uniform Commercial Code security
interest in file Rents and the Personal Property defined below.
DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in Chit
Dead of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references, to,dollar amounts shall;mear
amounts in lawful money of the United States of America.
Beneficiary. The word "Beneficiary" means First-Citizens Bank & Trust Company, its successors and assigns. First-Citizens Hank & Trust
Company also is referred to as "Lender" in this Deed of Trust.
Daed of Trust. The words "freed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation at
assignment and security interest provisions. relating to the Personal Property and Rents.
Grantor. The word 'Grantor" fneans any and all persons and entities executing this Deed of Trust, including without limitation ,loseph C
Ciccone and Patrice M Ciccone.
Guarantor. The word "Guarantor" means and includes without limitation any and all guarantors, sureties, and accommodation Qarties it
connection with the Indebtedness.
improvements. The word "Improvements" means and includes without limitation all existing -and future improvements, buildings
structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property.
indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advancet
by Lender to discharge obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under this Deec
of Trust, together with interest on such amounts as provided in this Deed of Trust.
Lender. The word "Lender" means first-Citizens Bank & Trust Company, its successors and assigns.
e,_._ ,,...,.a ae.,.. RR aaan in •thw nrinninal antniint of $125_000.00 from Grantor to Lenaer,
a.
NORTH CAROLINA
PAMLICO COUNTY
OWAY
THIS DEED, made and entered into this / day of kr-&1,
1999, by and between SUSIE S. HAULENBEEK, widow, hereinafter
called "grantor", and JOSEPH C. CICCONE and wife, PATRICE M.
CICCONE,
hereinafter called "grantees";
N I T N E S S E T H•
That grantor, for and in consideration of the sum of ten!;
dollars and other good and valuable considerations to her in hand'
paid, the receipt of which is hereby acknowledged, has bargained
and sold, and by these presents does bargain, sell and convey to
the said Joseph C. Ciccone and wife, Patrice M. Ciccone and their
heirs and assigns, a certain lot or parcel of land in Number Five
(5) Township, Pamlico County, North Carolina, particularly
described as follows:
Lot Number Sixty-Two (62) as shown on the map entitled
"REVISED PLAN OF SAIL/LOFT NEAR ORIENTAL, NORTH
CAROLINA" as prepared by Edward B. Latham, P.E., copy of
which is recorded in Map Book 6 at page 83, Pamlico
County Registry.
Said lot is conveyed subject to the Declaration of
Restrictions dated April 15, 1975 and recorded in Book
179 at page 568, Pamlico County Registry.
Said lot was conveyed to grantor by deed dated February
6, 1978, recorded in Book 194 at page 697, Pamlico
County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land,
together with all privileges and appurtenances thereunto
belonging, to the said Joseph C. Ciccone and wife, Patrice M.
Ciccone and their heirs and assigns, in fee simple forever.
And grantor, for herself, her executors and
administrators, covenants with grantees and their heirs and
assigns, that she is seized of said premises in fee; that she has
a perfect right to convey the same; that the same is free and
clear of all encumbrances whatsoever; and that she will warrant
OFFER TO PURCHASE AND CONTRACT
aeph. C. and Patrice M. Ciccone _ asl3u?er,
,by offers to purchase and Susie S. Haulenbeek, widow as Seller,
,ion acceptance of said offer, agrees to sell and convey, all oftlTat plot, piece or parcel of land described below, together with all improvements located
:hereon and-such fixtures and personal property as are listed below (collectively referred to as "the Property"), upon the following termm; and
:onditions:
1. REAL PROPERTY: Located in the City of Oriental County of
Pamlico - , State of North Carolina, being known as and more particularly described as:
Street Address = 'Lip 28571
cgal Descripf nZot X62 Sail Loft Su di:vision
E3 All 0.A p ' erence: co age No. 697 Pamlico County.)
.VOTE: Prior to signing the Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the
Property, and to read the Declaration of Restrictive Covenants, lly-Laws, :\rriclrs of Incorporation, Rules and Regulations. and other governing
aocumerus of the owners' association and/or the subdivision, if applicable.
2, FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans,
attached floor coverings, blinds and shades including window hardware, window and door screens, storm windows, combination doors, awnings,
antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs,
fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage
sheds, mailboxes, wall and/or door mirrors, and any items attached or affixed to the Property, EXCEPT the following items:
3. PERSONAL PROPERTY: The following personal property is included in the purchase price: Microwave oven, trash
...?ri..orntnr_ wa?har and drver. window treatment's
4. P RCfISg PRICE: The purchase price is 18010010-00 and shall be paid as follows:
(a) $ 0 0.. 0 , EARNEST MONEY DEPOSIT by O cash P personal check 0 bank check O certi fled check O other
to be deposited and held in escrow by , Holl owell= & Hollowell its
escrow agent, until the sale is closed, at which time it will be credited to Buyer. or until this contract is otherwise terminated. In the event: ( i ) this offer
is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this
contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available
to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's
request, but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach.
NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is
required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its
disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction.
(b) $ , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to escrow agent no later than
(c) BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan (s)
secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
d BY SELLER FINANCING in accordance with the attached Seller Financing Addendum.
Vie) $ 179,500-.-W , BALANCE of the purchase price in cash at closing.
5. CONDITIONS: (State N/A in each blank that is not a condition to this contract.)
(a) The Buyer must be able to obtain a loan commitment on or before Apr i 1 3 0 , 19 9 9, effective through the date of closing, for a
0 FHA 0 VA (attach FHAIVA Financing Addendum) M Conventional 0 Other loan at a
0 Fixed Rate 0 Adjustable Rate 0 Other, in the principal amount of
one hundred thirty'-thousan46r a term of 30 year(s), at an interest rate not to exceed 7.5 % per annum, with
mortgage loan discount points not to exceed % of the loan amount. Buyer agrees to use his best efforts to secure such commitment. Buyer
shall be responsible for all costs with respect to any loan obtained by Buyer, except if Seller is to pay any of the.Buyer's loan closing costs including
discount points, those costs areas follows: N/A
In the event-Buyer fails to provide Seller with written evidendv of the loan commitment within five days after receipt of a written request from Seller
(but such request may not be made before the loan commitment date listed above), then Seller may terminate this contract unless Buyer waives the
loan commitment condition.
(b) There must be no restriction, easement, zoning or other govcntntcnial regulation that would prevent the reasonable use of the real property for
Res idential/Personal purposes.
(c) The Property must be in substantially the same or better condition, *at Owing .-is on the dare of this offer. reasonable evear and tear excepted.
(d) All deeds of trust, liens and other charges against the Property, not assumed by "Buyer, must be paid and satisfied by Seller prior to or at closing
such that cancellation may be promptly obtained following closing. Seller shall remain obligated to obtain any such cancellations following closing.
(e) Title must be delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable title, free
of all encumbrances except: ad valorem taxes for the current year (prorated through die date of closing); utility easements and unviolated restrictive
covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer.
The Property, must have legal access to a public right of way.
6. SPECIAL ASSESSMENTS: Seller warrant% that there hre no governmental special assessments, eitherpending or confirmed, for sidewalk,
paving, watet, sewer, or other improvements on or adjoining 'Vie Property, and no owners' association special4assessments, except as follows:
none
(Insert "None" or the identification of such assessments, if any.) Seller shall pay all confirmed owners' association assessments and all confirmed
governmental assessments, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows:
none
7. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided. ibe f oilowing items shall bL pro: ated and either adjusted between the pariies
........
,Mx -y
js to permit treatment, if any, and repairs, if any, to be cangpteted prior to closing. All treatment requrreQ snap or ? ciu de
t o$oresni n+s other than woad destoy ne'tnsects. fey in
prior tit Closing, unless otherwise agreed upon in dam
itie a?e by to a 31 v1et'eniThe
,Mon. `,etler shall provide a ?tattdard warranty'ot'terrnite scsi irL stntCU
ttc sr any repairs are necessary, Seller shalt have the option of (i) completing them, {u)
pai r.:: Pursuant to any inspccUons to (b) and/or (c) aUeroe,or prvide for the completion of e repairs. then
svidin- for their completion, or (iii) refusing to complete them. If Seller tn, or ( )terminating this contract, in , which
any case items all not hearnst covered by monies
over shall have the option of (iv) accepting the Property in its present condition,
be refunded. Unless otherwise stated herein, or aWeer labors under this contraction addendum attached hereto
), b (ii), b (iii) and (c) above are excluded from repair g UM&ANDf O DITI N LISTED
e) Acceptance• LO I BT HALL CON T C EPTAN BOFEACHOFTHESYS EM.
tBOVE IN ITS THE FXI C NDITI N -NI FSS PROVISION I. OT FRWI F AD I WRITING. uyet 3. REASONABLE ACCESS: Seller will provide reasonabee s3 to Pryp ror prior to rep closing s nmuves for the purposes of appraisal, inspection,
.rid/or evaluation Buyer may conduct a walk-through inspection y papers
lf rid tle on time or of before recording of May the 7 r deed. 19 All) 9 arties agree to , at execute a an place and all designated by documents an Buyer.
.4. CLOSING: Closing shall be defined as the date
tecessary in connection with closing and transfer
Josue h C. Ciccone and Patrice M- C?.ccane to be
posse
the event
at cl
1.5. deed is made to
vere
attached. OR, 0 deli a set er posseession after closing g eement is tt the . delivered at
be* LS, POSSESSION- Unless otherwise provided herein,
:losing: ? a buyer possession before closing agreement
16OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO. SEE LIST
OF STANDARD FORM ADDENDA AVAILABLE.)
are or Seller's gent and all
17. RISK OF LOSS: The risk foss iomagen by Buyer fire or other casualty may tenninatelth contract by written notice delivered d the to Seller v
bei g pin addition to the
shall
Buyer
deposits destroyed or returned materially damaged prior to to closing.
doOT elect to ternate this
receive Property, shall be retuned d t t' Buyer. the event Buy uy ble own N cco nt of the damage or d st ruction applicable to the titled
h Rhase contract
Property, any of the Seller's insurance proceeds pays
18. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement,
and
and
shall be binding on the assignee and_his heirs and successors. the
parties, i
of d
heirs, successors 19. PARTIES: This contract shalt be binding upon and shall andtthe masculine includes the feminine and neuter genders, after app othe p clos ngnit as riate.
assigns. As used :Irvin, words i the singular pined plural hich
and
observed, shall SURVIVAL: If any provision herein oupon and for the benefit of the parties his re ereto until fu ly observed kkeptoor performed.
survive the closing and remain binding contract p
21. ENTIRE AGREEMENT This contract contains the entire agreement of the parties and there are no representations, inducements or other
:
herei shall alter any -agre expressed t herein. in. Al changes, o additions or deletions hereto must be in writing and signed by all patties- Nothing contained
herein n shad alter any agreeement ent between a REALTOR' or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement,
or any other agency agreement between them
2. EXECUTION: This offer shall became a binding con t ? twthehensausu: i irrstbynnerit, both with Buyer a and sigSeiler. This contract is executed under seat in stgne
r ne nned original being retained by each party and each
Z
multiple ori?istais, all of which together constitute one a .
REALTORO or broker hereto, and the parties adopt the, word 'SEAL" beside their signatures below.
NOT UNDERSTANDTHIS OFFER TO PURCHASE AND RC ONTRA ESTATE pTTEEL T BEFORE S NOIGN OVIDE TOR YOUR
YOU S.
YOU DO
EGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA
L
of plus offer. _
Iluver ne r
Buyer
SSFTax lDr
having made an on- 'te personal examination of tite Property prior to the ma g (SEAL)
(SL-?ZL) Seller
SSITax ID#
Buyer'""' "
SS(l ax lDtt
Date:
j (SEAL)
(Sr NL) Seller
_ SSrrax 1D#
Date:
herein
I hereby acknowledge receipt of the earnest money set f'o?tIt and
hereof. Firm:
Date
Selling Agent/Firm/Phone
to•bold and disburse the same in accordance with the terms
Listing Agent/Firm/Phosu° -
p 1996 NC BAR ASSOCIATION -- Form No. 2-
Buyer's Agent
? Seller's .(sub)agent
Acting as ? Dual Agent
Seller's (sub)agent
Acting as 0 Dual Agent
NCASSOCIATION OF REAL.TORSO. INC.-'Form No. 2
Lon(] Printing Co - po- Bo r 53, - Rateigh, NC 27658

A
Cashier's Check 472
.? 68.30/831 Branch No. ---
" FIRST CITIZENS 4355410
EV NK
First-Citizens Bank & Trust Company Date May ? s
Raleigh, North Carolina
51,9 a?".7?' " "r?'
n Pay to the Hollowell & Eolloweil Trustee
order of
0
lilIIL ';II 1{il;!1!n dl!!hi;'; nil n a.. tp dui ,pn1 is ii (!? l6
CO
Dollars
t Notice To Cu""" 7
utrcd before an otactal tfit r f ?t,
Tho purabnao of an Indemnity Bond or on Insurance Bond w111 bo req
O check of thle book wllI ba ro laced or refunded in tho evont lE le loot, mispiseod or stolen. f'- 4'CIJS Oa I R r??,
Remitter Joseph & Patrice Ciccone NON-NRGC3'C1?6L
„ ? ?-•- ' ,k

SCHEDULE AS TO THE P C? RA`?NC QE AD y 0:14 TAXES
Sale of real property y HAULENBEEK TO CICCONE
.
Taxes on real estate sold are pro-rated as of May 14. ?_1_999?j
Purchaser: 63,28
Seller: 36 - 7_1 9&
Lion of property sold:
Tax descrip Tax Map: 1092--4-62
Listed to: Susie S. Haulenbeek
current tax valuation for real property being sold: $140,470
Current personal and other real tax valuatioeal f_s0ellers:
Personal: -0-
Town of N/A tax rate for the year 1999: {ESTIMATE} $-0-
County of Pamlico tax rate for the year 1999: (ESTIMATE) $.6943
SELL FRS PURCHASERS TOTAL
COUNTY TAXES 975.28
$ 358.05 $ 617.23 $
This real property
-0-
Personal _©_
-0-
Late listing penalty
{17.23 $ 975.28
Total all taxes $ 358.05 $ - TO
SELLERS PURCHASERS
TOWN TAXES
This real property Personal & other real -0- - -0-
Late listing penalty
Total all taxes $ 358.05
Sellers` portion of total County and Town taxes:
617.23
Purchasers' portion of total County-and Town taxes: $
all cf the above taxes haves been paid by
Unless otherwise stated,_ Collector.
the parties involved to the Pamli cG__County Tax
above stated tax rates are base don their ra?tes until June
* The
Because the County or Towns do no
this firm cannot guarantee that the-amounts collected
gh
or July, all of the taxes. Due to this, we highly
(252)
will in fact pay
ecommend that the parties contCollector lector to at verify
r
745-4125 prior to January 1 0 the following-
whether any taxes are still owed.
pro-rating of ad valorem taxes is
The above schedule ectsoandeis agreed to, this 14th day of
correct in all reSP
?ura,r , 1999.