52630_MARKS, ROBERT AND TERESA_20080915

❑CAMA / ! DREDGEr& FILL a 6`
�"1�i_�g /�S
GENERAL PERMIT Previous permit #
[-)New ❑Modification ❑Complete Reissue ❑Partial Reissue, Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources ,� 11 )
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC " •l. d
les attached.
Applicant Name i '�l :1 �t (__- (� jProject Location: County L is �` A
Address i C_. I ' ' { s� ' �- ` Street Address/ State Road/ Lot #(s)`
City State;" _ ZIP���/
Phone # ( ) Fax # O Subdivision
Authorized Agent_ City ., i ZIP i
Affected U,CW n EW ? PTA E7 ES = PTS Phone # _River Basin r
(-) _
El OEA 7 HHIF _7 lH ❑ UBA ❑ N/A
AEC s : Adj. Wtr. BodyUa _�:: `"c(nat. .man unkn
❑ PWS: ❑ FC: `
ORW: yes / no PNA yes / no Crit.Hab. yes / no
Closest Maj. Wtr. Body � �� t i--ci.-�
Type of Project/ Activity
Pier (dock) length
Platform s �j� C�Et.�
O
Finger pier(s)
Groin length - - --i -- — --- —
number e
Bulkhead/ Riprap length
avg distance offshore ��
max distance offshore _ ___-_ _ _ - _ _ — --- •--
Basin, channel
cubic yards / ~
Boat ramp
1N
Boathouse/ Boatlift -
Beach Bulldozing j -- -
Other
Shoreline Length
SAV: not sure yes Ao r---
Sandbags: not sure yes n
Moratorium: n/a yes no
`1
Photos: yes, 5. no -- - _
Waiver Attached: eyes no
A building permit may be required by
Notes/ Special Conditions
Agent or Applicant Printed NaSne i
Signature ** Please read compliance statement on back of permit
Application Fee(s) Check #
y
`` ❑ See note on back regarding River
Q 1.•-.1 /.ri f y"ill ;
Permit officers Signature
Issuing Date Expiration Dafe
Local Planningjurisdiction - RoverFileName
i

i
Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar - Pamlico River Basin Buffer Rules ❑ Other:
❑ Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington
Regional Office (910-796-7215) for more information on how to comply with these buffer rules.
Division of Coastal Management Offices
Raleigh Office
Mailing Address:
1638 Mail Service Center
Raleigh, NC 27699- l 638
Location:
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Fax:[phone]
Morehead City Headquarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ 1-888ARCOAST
Fax: [phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax:[phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 08/09/06

z; /I q T - jAy s
Do
1-119
76
0) =7 -T�
-Sz,,to J LD-��-�5�
y r �

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIEWMOORING PILINGSIBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to
(Name of Property Owner)
r�6c
property located at if I I / /\
Wk�Q-(Lot, Block,ad, etc.)
�
N.C.
V ,
on (Town and/or County)
(Waterbody)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. of fifteen feet (15') nd that a pier/mooring
my area
pilings/boatliftiboathouse must be set back a minimum distance
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
wish to waive that setback requirement.
- - -----------------------
----------------------------------- --
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
a
JD
a
o
cis C-�
N
O
O
O
co
0
9
---------
a
- -------------
Print or Type Name
-2-s2- 2y)-78g3
Telephone Number
Date: a — 3 0 U

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to (Name Propof Pro erty Owner)
.-i , IL-nINC, I A_., l N -1
property located at Road, etc.)
(Lot, Block,
V , in
•n N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal• efif een feet(15') f om my area
pilings/boatlift/boathouse must be set back a minimum distance of
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
wish to waive that setback requirement.
----------------- ------------------ --------
- ---------
----------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
^� 06
------ --- < --- 9 -1 -----------------------------------------------------------
------------------------------------
Signature
Print or Type Name
25- Z % 2S
Telephone Number
Date: 9 6 O

1-7

(� RLLr 5 i 2 rn/6-6 (ZS , C 2o55 7-iC5 , 141A)6r
no or i ,eem �"k &"Y 1tv'
14L-CS A OLO5 5 Mh-nS P T� f36-
(p" x % " u -7 '
PDC C-s .770
noj I D11 X ZDPtQ.1N�5
7/4'5 O AJ V-I AJ 6-cn 7`D IBC"
�-" x S " x ,
-►�irnc�QS

Prepared by.-C- een free znanciA6v
RTFi NA, CARTE%CO4NTYReturn to M. D EA nesCA? I i ;,ET CG�J'i_ `�� The foregoing certificates)
rI ,� ^" ^� '-�; , is (are) certified to be correct. his instrument wa pre-
sente r registration d recorded in is office in
l�t
This day of Sharon %nrnRegister ofs
Assistant, QQWAr
[Space Above This Line For Recording Data]
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on ..October 6, 1997.................„ , The grantor
is ........ROBERT EARL MARKS.... and....TERESA. LEIGH MARKS............................................................
......................................................................................................................................................
("Borrower"). This trustee is ..........Don E :.. Fuguay...............................................................................
......................................................................................................................................................
............................................ ("Trustee"). The beneficiary is..................................................................
„GREEN„TREE FINANCIAL SERVICING CORPORATION
...................................................................................
.................................................................. . which is organized and existing under the laws of ...........
Delaware : and
............................
whose address is .......2200 SOUTH CHARLES STREET SUITE 210 , GREENVILLE NC„27858 ............
.................
.................................... ("Lender"). Borrower owes Lender the principal sum of ............................................
EIGHTY NINE THOUSAND SIXTY FOUR„AND„36/100,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,•„••.......... Dollars
(U.S. $.................89064.. 36 ). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
Approx; 360„mo. from„disbursement This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all
other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the
performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the
following described property located in ......... CARTERET County, North Carolina:
All of the property located at LOT 17 WARDS LANDING S/D
, in the
City/Town/Village of NEWPORT County of CARTERET ,
State of NC , in which the Borrower has an ownership, leaseold or other legal
interest. This property is more particularly described on the'schedule titled
"Additional Property Description" which is attached hereto 4p Exhibit A,
TOGETHER WITH a security interest in that certain 1998 , 59X 28;
SANDALWOOD home, serial number NCFLV56AB14328-SW33. L,
�e
The Borrower does hereby authorize the Lender or its assis to.obtain a
more detailed property description after the Borrower has signed the Deed of Trust,
and to attach Exhibit A after the Borrower has signed thDeed of Trust.
which has the address of ... LOT--17„ WMPR i LANDING, S/D....................
(Strut(
North Carolina .......... 2 8 5 7.0........ ("property Address");
[Zip Code]
NORTH CAROUNA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
BANKERS SYSTEMS, INC., ST. CLOUD, MN 66302 (1.800.397-2341) FORM MD-1-NC 2/12191
13aQ
�'� PAGE
NEWPORT .................... . ...................... IC+LY)
V
Form 30 9/90 (pag
GT. 1.
T- 1

To HAVE AND To HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all
the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or here-
after a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the "Property."
BORRowER CovENANTs that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and
will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SEcuRiTY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNrFORm CovENANTs. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a)
yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly
leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly
flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower
to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums.
These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the
maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the
federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq.
("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and
hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable
law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to
pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law
permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an
independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides
otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay
Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be
paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and
debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional
security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by
Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in
such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the
deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the
acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit
against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs I and 2 shall be applied: fast, to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts
to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender
receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by, or defends against enforcement of the Gen in, legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a
lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
Form 3034 9190 1paga of 6)
BANKERS SYSTEMS, INC., ST. CLOUD, MN 66302 tl.800.387-23411 FORM MO-1•NC 2112191
VA
i•• .. i

5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards,
including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and
for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,
Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph
7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore
the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin
when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property• Borrowers Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's pr.ncipal residence within sixty days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence
for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower
shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security
Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by
causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes
forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security
Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process,
gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning
Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall
comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title
shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender s Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations),
then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the
Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although
Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage
insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay
to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when
the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage
Form 30�� !page 3 61
BANKERS SYSTEMS, INC., ST. CLOUD, MN 68302 (1-800-397-2341) FORM MD-1-NC 2/12/91
BOOK �bI PAGE � �..

insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender
again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in
effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written
agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in
writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market
value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking
of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the
sums secured immediately before the taking, unless Borrower and lender otherwise agree in writing or unless applicable
law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the
sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice
is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property
or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs t and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender
shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs
this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant
and convey that Borrower's interest in the Property under the terms of this Security Instrument, (b) is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the
Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that taw is finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided
in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable.
16. Borrower s Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
Form 3 IPage 4;
BANKERS SYSTEMS, INC., ST. CLOUD, MN 68302 11.800.397-23411 FORM MD-1-NC 2/12/01
BOOK '�V '�? PAGE' 671�

natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited
by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured
by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,
this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There
also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.
The notice will state the name and address of the new Loan Servicer and the address to which payments should be made.
The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate
to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law,
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,
toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is
located that relate to health, safety or environmental protection.
NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17
unless ap licable law provides otherwise). The notice shall specify. (a) the default; (b) the action required to cure the
default; 0 a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be
cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration
of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower
of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a
default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date
specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this
Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by
applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
paragraph 21, including, but not limited to, reasonable attorneys fees and costs of title evidence.
If Lender invokes the power of sale, and if it is determined in a hearing held in accordance with applicable
law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such
notices to Borrower and to other persons as applicable law may require. After the time required by applicable law
and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public
auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or
more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustees deed conveying the Property without any covenant or
warranty, expressed or implied. The recitals in the Trustees deed shall be prima facie evidence of the truth of the
statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the
Form 30 9l90 (page 5 of 6)
BANKERS SYSTEMS, INC., ST. CLOUD, MN 66302 (1-800-397-2341) FORM MD-1-NC 2/12101
AG Ft7

sale, including, but not limited to, Trustees fees of.............5................................ % of the gross sale price; (b)
to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The
interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by
the Note.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this
Security Instrument without charge to Borrower. If Trustee is requested to release this Security Instrument, all notes
evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation
costs.
23. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any
Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon
Trustee herein and by applicable law.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument. [Check applicable box(es)]
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider
❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider
❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider
❑ Other(s) [specify]
BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
............ /�... . . . ............ (Seal)
ROBERT EARL MARKS -Borrower
Social Security Number ..... 245-04-1300........................
.. !�.... .. ....... (Seal)
TERESA L GHO r7_-S -Borrower
Social Security Number ..... 246-06-6415
[Space Below This Line For Acknowledgment]
STATE OF NORTH CAROLINA........... arteret .............................. County ss:
I, ..... Anita D:. Taylor .................. a Notary Public of the County of ....Q4Kr .PXgt........
... State of North Carolina,. do hereby certify that....R4$�x..F,41>..MARgt��,��..Tq y�L
...and TERESA LEIGH MARKS .................................... personally appeared befoc>r'•this•day•an�¢
acknowledged the due execution of the foregoing instrument. Q -
Witness my hand and official seal this .............. 6t�? .................. day of ........9G.�4$ R,...�-497.;;R�.Q.... . h� �..
My Commission expires:
6/12/1999 '0
Notary Public ................. �.� : ..........
•�
•. R� r coU
STATE OF NORTH CAROLINA....................................................... County ss: • , , . ,
The foregoing certificate of................................................................... . a Notaryy Public of the County
of ................................................... . State of .................................................. , is certified to be correct.
This.................................... day of ..................................................
Registrar of Deeds
Probatefee ..................paid By.............................................................................................
Deputy Assistant
BANKERS SYSTEMS, INC., ST. CLOUD, MN 66302 (1.800.397.2341) FORM MD-1-NC 2112/91 Form 3034 9190 (page 6 of 6)
B00 PAGE

EXHIBIT "A"
NORTH CAROLINA COUNTY OF CARTERET TOWNSHIP OF MOREHEAD
Being all of Lot 17, Phase Three, Ward's Landing
Subdivision in accordance with Map Book 28, Page
940, Carteret County Registry.
This conveyance is made subject to those
restrictive covenants recorded in Book 777, Page
518, Carteret County Registry.

RO MARKS NCDL 5675042 DOB 10/30/59
T
Ph 252-223-4872
204 Waters Ed e Dr
Newport, NC &570
PAY TO SCE A 1
WACHOVIA
Wachovia Bank, N.A. n
wacharia.coc
FOR /U
53000 2 L9�: L05469 L00
2745
66-2t1530
13RANGN 77615
z of
16 5