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HomeMy WebLinkAboutNCC231975_FRO Submitted_20230628 Check if this project is ARPA-funded ❑ Attach a copy of the Letter of Intent to Fund FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land-disturbing activity on one or more acres as covered by the Act, including any activity under a common plan of development of this size as covered by the NCGO1 permit, before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone number is unavailable, place N/A in the blank.) Part A. l� 1. Project Name ! - trot ®(31 FOJr•25 ,_� CO✓K rug ++ \CM *If this project involves American Rescue Plan Act(ARPA) funds, list the Project Name or Project Number(e.g., SRP-D-ARP-0121) below under which you were approved for funding through the Division of Water Infrastructure (DWI). Cityor Townshipii ,, 11t 2. Location of land-disturbing activity: County �r � W 715-1-n Highway/Street SU('( PnA -1)( TQI, Latltude(decimal degrees) LOngltUde(decimal degrees) 3. Approximate date land-disturbing activity will commence: (,((6/Z 4. Purpose of development(residential, commercial, industrial, institutional, etc.): 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): , 3.3 It ov� 6. Amount of fee enclosed: $ i UI . The application fee of$100.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: 8.10-acre application fee is $900). Checks should be addressed to NCDEQ. / 7. Has an erosion and sediment control plan been filed? Yes�l Enclosed ❑ No ❑ 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name E-mail7a-0 t SAC Address re,OLLZ 64(A -i✓1t,1/14S• C din'-) Phone: Office# ' 651 21( Mobile# 336- 54(,' Z7,Gq 9. Landowner(s)of Record (attach accompanied page to list additional owners): Name Phone: Office# Mobile# %'1(( 1)11 34« (--k() (SAW Current Mailidg Address Current Street ddress 56(9-vv, z703 cAL IOC Z703 City State Zip City State Zip 10. Deed Book No. /;l''° �7J Page No. Provide a copy of the most current deed. Part B. 1. Company(ies)who are financially responsible for the land-disturbing activity(Provide a comprehensive list of all responsible parties on accompanied page.) If the company is a sole proprietorship or if the landowner(s)is an individual(s), the name(s) of the owner(s)may be listed as the financially responsible party(ies). LLL bdA, ' Company Name E-mail Addresq. 9-0 Current Mailingkddress Current Street Address gAYEL § G Z71(8 City State Zip City State Zip Phone: Office# �l 6 01 (( Mobile# 36 U Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land disturbing activity. 2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State business registry, give name and street address of the Registered Agent: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Name of Individual to Contact(if Registered Agent is a company) (b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina agent who is registered on the NC Secretary of State business registry: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Name of Individual to Contact(if Registered Agent is a company) (c) If the Financially Responsible Party is engaging in business under an assumed name, give name under which the company is Doing Business As. If the Financially Responsible Party is an individual, General Partnership, or other company not registered and doing business under an assumed name, attach a copy of the Certificate of Assumed Name. Company DBA Name The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s) or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Party). I agree to provide corrected information sho Id there be any change in the information provided herein. OAin Gt+'ram Prcih T e or print name Title or Authority 673 ' nature Date I, ,0"ts.4 a w\ `-nQ\VN\ , a Notary Public of the County of n (Ski\4-1(\ State of North Carolina, hereby certify that W n1 A-"Y\@ G, , -tl o f 0 appeared personally before me this day and being duly sworn acknowledged that fhe above form was executed by him/her. Witness my hand and notarial seal, thise) 6 day of —3 V•rk. 20 a 3 ,``,``OAP„m,,,Cti '', �� A10,,4 V 1 ' l2. Notary s tAR y Icy.:; � 1=� My commission expires a O A„ 'Syr Or '%, HCO Book 3757 Page 3969 2023019131 00109 FORSYTH COUNTY NC FEE$26.00 PRESENTED&RECORDED 06/07/2023 01:27:57 PM LYNNE JOHNSON REGISTER OF DEEDS BY: OLIVIA DOYLE,ASST BK: RE 3757 PG:3969-3974 PREPARED BY and Return to: Randall L. Perry The Law Offices of Randall L. Perry, PLLC 1100 S. Stratford Road, Suite 325C Winston-Salem,NC 27103 SUPPLEMENTAL DEED OF TRUST AND SECURITY AGREEMENT This SUPPLEMENTAL DEED OF TRUST AND SECURITY AGREEMENT ("Supplemental Deed of Trust") is entered into as of the 6th day of June, 2023, by and between TRUIST BANK, FORMERLY KNOWN AS BRANCH BANKING AND TRUST COMPANY, A NORTH CAROLINA BANKING CORPORATION ("Lender"), ISENHOUR HOMES, LLC, a North Carolina limited liability company ("Borrower"), and BB&T COLLATERAL SERVICE CORPORATION ("Trustee"), with reference to the following facts: WITNESSETH: WHEREAS, Lender previously agreed to extend to Borrower a loan that includes present and future advances and/or future obligations in the original principal amount of Nine Million Dollars ($9,000,000.00). In connection therewith, the Borrower executed and delivered for the benefit of Lender that certain original Deed of Trust and Security Agreement dated October 11, 2017 and recorded in the Registry of Forsyth County,North Carolina in Book 3377 at Page 2052 ("Master Deed of Trust") and modified by that Modification of Deed of Trust and Security Agreement recorded in Book 3424 at Page 1304; and WHEREAS, Lender desires the Borrower to execute this Supplemental Deed of Trust to evidence their consent to the modifications to the Master Deed of Trust as hereinafter set forth; NOW,THEREFORE,in consideration of Ten and No/100 Dollars ($10.00) in hand paid by Lender to the Borrower, the receipt of which is hereby acknowledged, and of the mutual covenants herein contained,the Borrower and the Lender agree as set forth hereinafter: 1 Submitted electronically by "The Law Offices of Randall L. Perry, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Forsyth County Register of Deeds. Book 3757 Page 3970 1. Additional Property. To secure all indebtedness owed the Lender and referred to in the Master Deed of Trust,the Borrower has given, granted,bargained, sold and conveyed, and by these presents does give,grant,bargain, sell and convey unto the Lender,its successors, and assigns the additional real property described on Exhibit "A" attached hereto (the "Property"), together with all buildings, improvements, and fixtures, now owned by the Grantor and located in or upon such real property, and in addition all other rights, titles, privileges, powers and other items appurtenant to the aforesaid real property (hereinafter called the "Collateral"). TO HAVE AND TO HOLD the Collateral and the Property, with all the rights,privileges, and appurtenances thereunto belonging or appertaining to the Lender, its successors and assigns, in fee simple forever, upon the trusts and for the uses and purposes set out in the Master Deed of Trust; And the Borrower covenants with the Lender that it is seized of the Collateral and Property in fee and had the right to convey the same in fee simple; that title is marketable and free and clear of all encumbrances; and that it will warrant and defend the title to the Property and Collateral against the lawful claims of all persons whomsoever, except as to such exceptions to title which are approved in a writing signed by the Lender prior to the recording of this document. 2. General. a. All references to the"Mortgage" or"Mortgage Instrument"in the Note or in any other document given to secure the Note or any other obligations of the Borrower to the Lender (collectively called the "Loan Documents") shall hereinafter be to the Master Deed of Trust as modified hereby. b. This Supplemental Deed of Trust shall bind and inure to the benefit of the successors in interest hereto,and it is expressly understood and agreed that this Supplemental Deed of Trust is a modification only and not a novation. c. The Master Deed of Trust, as hereby modified, is incorporated in this Supplemental Deed of Trust in its entirety by this reference, and all provisions of the Master Deed of Trust shall be interpreted in accordance with and in light of the revisions and modifications contained herein. The Borrower represents, affirnis and agrees that the Master Deed of Trust,as modified hereby,along with all of the other Loan Documents, are and shall remain in full force and effect and be binding upon Borrower without defense or offset of any nature. Borrower, by its execution of this Supplemental Deed of Trust, evidences its consent to the modifications hereinabove set forth. d. It is expressly understood and agreed by the parties hereto that the agreements contained in this Supplemental Deed of Trust shall in no way release,discharge,satisfy, alter or impair the debt evidenced by the Note or any other obligations of any party to the Lender or affect in any manner whatsoever the validity of the Note,the Master Deed 2 Book 3757 Page 3971 of Trust or the Loan Documents, or shall in any manner by construed to impair the security of the Lender, and that the Note, the Master Deed of Trust, except as herein modified, and the other Loan Documents shall each remain in full force and effect in accordance with their respective terms and continue as evidence of the debt and security for the payment of all money due or to become due thereon to Lender. e. This Supplemental Deed of Trust may be executed in one of more counterparts, each of which shall be deemed to be an original, but which shall constitute one and the same instrument, and in making proof of the Supplemental Deed of Trust, it shall not be necessary to produce or account for more than one such counterpart. f. This Supplemental Deed of Trust shall be governed by and construed in accordance with the laws of the State of North Carolina. 3. Additional Covenants Regarding Protection of Collateral Property. a. In addition to all of the Lender's rights and remedies set forth in the Master Deed of Trust and the Loan Documents, in the event of default by Borrower, or upon receipt of any notification from any governmental or quasi-governmental authority regarding a current,possible or pending violation of any applicable federal,state,county,municipal and/or other governmental or quasi-governmental laws, rules, regulations, ordinances, codes, requirements, covenants, conditions, orders, licenses, permits, approvals and restrictions(the"Notice"), the Lender, and any persons authorized by the Lender, shall have the right,but not the obligation,to enter upon the Property at any reasonable time to repair, alter, replace, clean up or perforrn any necessary work or maintenance, in Lender's discretion, in order to comply with the requirements of such Notice. b. Borrower hereby agrees to indemnify and hold Lender harmless from and against any and all damages, penalties, fines, claims, liens, suits, liabilities, costs (including, without limitations, clean-up costs), judgments and expenses (including, without limitation, attorneys', consultants', and experts' fees and expenses) of every kind and nature suffered by or asserted against Lender as a direct or indirect result of any Notice or legal requirements set forth in this section.Borrower's obligations under this section will not be limited by the term of the obligations secured hereby, and, as to any act or event occurring prior to payment in full and satisfaction of the obligations and all other indebtedness and obligations under the Master Deed of Trust, Borrower's obligations hereunder will continue, survive and remain in full force and effect notwithstanding payment in full and satisfaction of the obligations and the Master Deed of Trust or foreclosure under the Master Deed of Trust or delivery of a deed-in-lieu of foreclosure. c. Nothing herein shall invalidate any security now held by Lender for the payment of the obligations secured by the Master Deed of Trust, nor impair nor release any covenant, condition, agreement or stipulation herein, and the same, as herein modified, shall continue in full force and effect. Any collateral security held by Lender as security for any of the obligations, including, without limiting the generality of the foregoing, any rights acquired by Lender under any Security Agreement or Agreements, Assignment 3 Book 3757 Page 3972 of Rents, Financing Statements and other instruments shall stand as security for the repayment of the obligations, and the Borrower covenants and agrees to confotiu with, comply with, and abide by each and every of the terms, covenants, conditions, agreements and stipulations of the obligations, including, but not limited to the Note and the Master Deed of Trust, as may be modified, and all other security documents evidencing or securing the obligations. 4. Additional Covenants. The Borrower makes the representations, covenants, and agreements specified as follows: a. Additional Representations and Warranties. The Borrower represents and warrants to Lender as follows, and acknowledges that such representations and warranties shall be continuing representations and warranties from Borrower to Lender: i. The Borrower is and shall remain in compliance with the Trading with the Enemy Act, as amended, and each of the foreign assets control regulations of the United States Treasury Department(31 CFR, Subtitle B, Chapter V, as amended) and any other enabling legislation, regulations or executive orders relating thereto, and the Uniting and Strengthening America By Providing Appropriate Tools Required To Intercept and Obstruct Terrorism Act (USA Patriot Act of 2001), as amended, and any other enabling legislation, regulations or executive orders relating thereto; ii. The Borrower is and shall remain in compliance with 31 U.S.C., Section 5313, as amended, 31 C.F.R. Section 103.22, as amended, and any similar laws or regulations involving currency transaction reports or disclosures relating to transactions in currency of more than$10,000.00, or of more than any other minimum amount specified by any laws or regulations; and iii. The Borrower (i) is not a person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23,2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) does not engage in any dealings or transactions prohibited by Section 2 of such executive order, and is not otherwise associated with any such person in any manner violative of Section 2, or (iii) is not a person on the list of Specially Designated Nationals and Blocked Persons or subject to the limitations or prohibitions under any other U.S. Department of Treasury's Office of Foreign Assets Control regulation or executive order. 4 Book 3757 Page 3973 b. Additional Covenants, The Borrower covenants and agrees with Lender that no part of any loan proceeds or advances evidenced by or referenced in this Deed of Trust, and no part of any other amounts or sums derived from any property which secures repayment of such loan proceeds or advances, including, without limitation, any accounts,payment intangibles, money,rents, issues or profits, will be used, directly or indirectly, for any payments to any governmental official or employee,political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended. IN WITNESS WHEREOF,the Borrower has caused this Supplemental Deed of Trust to be executed in its name, under seal, all by authority duly given, as of the date herein first above written. BORROWER: ISENHOUR HOMES,LLC, a North Carolina limited liability company ,j \ By: 1 (SEAL) BILL WALTER Manager THE STATE OF NORTH CAROLINA COUNTY OF FORSYTH I, Randall L. Perry, a Notary Public for the County and State aforesaid, do hereby certify that the foregoing instrument was voluntarily executed for the purposes therein stated by Bill Walter, Manager of ISENHOUR HOMES, LLC, a North Carolina limited liability company, and that he/she, as Manager, being authorized to do so, executed the foregoing on behalf of the corporation for the purposes stated herein and in the capacity indicated. Witness my hand and official seal this 6th day of June, 2023. RANDALL L. PERRY Notary Public, North Carolina By: Forsyth county Ran all L. Perry,Notary Public My Commission Expires July 02,2026 My Commission Expires: 7-2-2026 5 Book 3757 Page 3974 EXHIBIT "A" BEING KNOWN AND DESIGNATED as Lots 49 and 50 as shown on the Plat entitled "Sherwood Forest Section 19, Phase 1," which plat is recorded in Plat Book 77, Page 79, in the Office of the Register of Deeds of Forsyth County, North Carolina, reference to which is hereby made for a more particular description. 6