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HomeMy WebLinkAbout48988_HORNE, JERRY_20070530IDAMA / ❑_1 DREDGE & FILL GUNERAL PERMIT ❑New ❑Modification ❑Complete Reissue ❑Partial Reissue As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 1' Previous permit # Date previous permit issued ❑ Rules attached. Applicant Name = ` ► ' Project Location: County `' 1 �•r': � Address � ` �'i Street Address/ State Road/ Lot #(s) City 1. F C t;- _. State ZIP a. 7 ' Phone # Fax # ( ) Subdivision �%'ti� ,7 Authorized Agent t City -� / ZIP EJ CW ®EW ErPTA ❑ES ❑PTS Phone # ( ) River Basin `" ' i i, �' l Affected AEC s : ElOEA ❑ HHF ElIH ❑ UBA El N/A Ad'. Wtr. Body< r i ((nat /man /unkn) I ElPWS: ElFC: j ORW: yes / no PNA yes / no Crit.Hab. yes / no Closest Maj. Wtr. Body L = Type of Project/ Activity Pier (dock) length Platform(s) Finger pier(s) Groin length i number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel P cubic yards � v Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length SAV: not sure yes ono _ Sandbags: not sure yes �:no Moratorium: n/a yes j no Photos: yes C._. no Waiver Attached: /ye no A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name Signature Please read compliance statement on back of permit Application Fee(s) Check # (Scale: _— See note on back regarding River Basin rules. Permit Officer's ' nature "— 'n Issuing Dat . Expiration Date Local Pianning Jurisdiction Rover File Name A [ 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 [)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 27699-1638 Location: 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (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:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax:910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 BOGUE BANKS MARINE CONSTRUCTION, INC. PH. 252-247-4428 111-D TURNER'S DAIRY RD MOREHEAD CITY, NC 28557 PAY TO THE ORDER OF_ wacnovla Wachovia Bank. N.A. wachovia.com 66-21/530 MEMO f- true 1I'00 5 280Ill 1:0 5 3000 2 L 91: 20000 21,8 3 010 21" 5280 $ DOLLARS AF ���_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Date 2007 Applicant Name �6-( -UOQk) L- Qtl()adl reCtYOCA4 Mailing Address 5 20 ID9 e- g- UJ Li _VS E 7 I certify that I have authorized (agent) �) 01 Sf- �" �, Q to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) at (location) LC+2 1-=l�CAA ✓J This certification is -valid thru Signature 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to (Name of Property Owner) Property located at LU-+ 'q' `l ?-,L (Lot, Block, Road, etc.) on ��v S ��.N , in U JL c—� N.C. (Waterbody) (Town and/or County) He has described to me as shown below, the development he is proposing at tha and, I have no objections to his proposal. A."C DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPI\ (To be filled in by individual proposing development) T-1 S,igfiaiture Print or Type Nam Telephone Number Date; 200T-Apr-02 01:53pm From -Hamlin Roofing 9196625660 T-992 P.001/001 F-962 ADJACENT RWA i AN MopERTY OWNER STATEMENT I hereby certify that I own property adjacent to��VlOR� �- 's (Name of Property Owner) property located at Lot OLL l 1 eN me k1V (Lot, Block, Road, etc.) on � er Sa�2N J , in A-1 I ,, sA G S , N.C. (Waterbody) (Town and/or County) He has de='bed to me as shown below, the development he is proposing at that location, and, I have no objecdons to his proposal. .PI OR DRAWING OF PROPOSED DEVELOPMENT ' v DESCRIPTION ANDS � (To be fzMed in by individual proposing development) ,ova �� �? , e r--- O Sc4A'.4''4 Signature Print or T Name ���3yi-/any Telephone Number Date __ C/ ®_ 2007-H1ay-08 01:46pm From -Hamlin Roofing [Glick mere and type rekum address and phone and fax numbers] r 0 I-Mto 9196625680 T-166 P.001 F-375 I company Name Here. To: Mr_ Ryan Davenport From: Jerry Horne Fax: 252-247-3330 Pages: 8 including cover page Phone: 252-808-2808 Plate: 5/8/2007 Re: Boat Lift Permit CC: ❑ Urgent ❑ For Review X Please Comment EJ Please Reply 171 Please Recycle • Comments: I am working with Bogue Banks Marine to obtain a permit and install a baatlift at Lot 24 Pelican Park. Derek Smith with Bogue Banks Marine told me yesterday you needed to see a copy of my land Deed and Survey which is included in this fax, I hope this gives you the information you requested. Please give me a call if this information is satisfactory and let me know the status of the permit. Thank You, Jerry Horne Ciffice 800-768-8780 ext 317 Cell 919-730-1786 . 2007-May-08 01:46pm From -Hamlin Roofing T-166 P.002 F-375 me now nr vrr:^ document secured thereby, has been sadsfiat in hill. This tic day of Sighed: Mail afer recording co: Jiatile9 W. Thompson, Attorney This lnsmnnen V.Thompson repared by: James briCt Ocscripiion fnr index: 9196625680 ORIGINAL Lplanie Arthur GP Carteret count Register of Deeds YL Date 04/06/%q Tihe 15:49:00 OR 0000852613 Pane i of 6 `17 4� s( NORTH CAROLINA, CARTERET COUNTY The foregoing cor'tificare(s) of Notary Public(s) is/are certified to he correct- This Instrument and this certificate are duly rogistered at the date and time and in the Book and Page shown on the first page hereof, elarile Arthur, R ster of Deeds By wmaj�wwy, Rwy�etwr of Oavae Melanie KA Date 106ii2 isobs yuVTi,nte LP NORTH CAROLINA (FUTURE ADVANCE) DEED OF TRUST (Collateral is or Includes Fixtures) THIS DEED OF TRUST AND SECURITY AGREEMPNT ("Dead of Trust") is maid, as of this day of Anril 1999 by and between: GRANTOR (Liclude Address) 6th TRUSTET Iemne C. Herring, a re:idem of Nurdt Carulbia Jerry P11an Borne and wife, Jane Haynes Horne 5209 Dasher Court 9F_NEPICIARY BRANCH BANKING AND TRUST COMPANY, a Wake Forest, NC 27587 _ _ _ _ North Cemlinn ..smx banking corporation P.O. Fox 1255, WinstomSalem, NC 27102-1255 ❑ IF FOX CTIHCKED, TiIIS DEED OF TRUST SECURES AN OBLIGATION INCURRED FOR THE CONSTRUCTION OP AN TMPRQV2MFNT ON LAND. THE FOLLOWING j9MPMWTIMTXP=-S TO THIS -OF" IfST: 1. The maximum principal aiuowit of die Debc (dermcd below), including present and future ndvanees, secured by the Deed or Treat le ONE 1TUNDRP_D TLTT THOUSANDAND N0/100 DOLLARS --- ----------- —.------------------------ �" Sri coo atr- — — -- - - ill I Thd Dcbt, on the date hcrcof, is evidenced by a Note and/or uthcr Dowment dedcribefl by name, pnnle5. dollar nmonnr and dare :a rulluws: Note doted Ar ril G 1999 in the amount of S 11(), OOQ ,QQ cxacuftrlby Je>rzv Alan Horne and wife, Jane Iiavnes Horne and may be evidenced by and shall bu at all nines deemed to Include, any and all other notes or other Documents cow or hcreaher evidenctnl: Any dCbr whn}soever incurred by Grantor and pa/able to Belleftctary, die terms of which are incorporated herein by mforeneu. 3. ParSPRnr to the provis:om of SCttio,ls 45-67 at seq , of the North Cnroiinn General Smtures, the Deed of Trust secures Elie paymem of tie Debt, i1ciuding present and futura advaoocs. 4. The eurrvu principal nmount of die Debr advanced on Elio data hereof (laGuding any outantn(Iltlg nmounrs advanced areviously) by Beneficiary is s 110, 000.00 (if none, so state). 5. No cxueudon era wrimn Instrument or nolnrion s131111 he necessary to evidence cr sour, any future advances made Wouneler. The pertnd within which Aintrc advances RTC ro be made .,hall be tie fifteen year period bcginning on the date of dLs Deed of Trust. G. The real propcny which is dte subject of dtis Deed of Tnrst u loeaiud In or char'Cie Ciry or the Township of Iieaufor r , In the County of &Z-t:2 State or Nordl Carolina, and ThC ICBM descriprlOn and the chain of title reference of the r ud praperry/ara set forth as SIRU F-XHIBIT A ATTACI= HERETO l� C .800 ruTNS: y Ea fin AGF —/-� :n the (e DOT405 ism, naov i of 4 2007-May-08 01:46pm From -Hamlin Roofing 9196825680 T-166 P.003/008 F-375 STATEMENT OF PURPO 1 aNie r erence shall be made simply to the "Note or other Document', sr,.: EL.01"a feferanee is doomoo to apply To tall of the �r 0 or describe the Debt, or which securo its payment, and to all ronowals,:ogtonslo^:, and modifications Tnereof, who a fb xocutod. +and inoAee without limitation all writings described generally, and specifically on the first page of this Deed of Trust in numbered peragranh 2. This Dada of Trust shrill secure the performance of all obligations of Grantor ' and cf any third party to Beneficiary which are described in this Deed of Trust, In the Note or other Document, and such poi ormanco Includos -the payment of tho Rost. In this Dead of Trust Tho doflnitivn of 'Debi' inclucos: (11 the pnnclpal; till all accrued Interest including possible flucteatiom of the interest rate if so provided in the Note or other Document; (iii) ad ranowals or oxtensions of any obligation undor the Now or other Document (even If such renewals or extensions are evidcnced by new notes or other document&); ens (Iv) all odhe' oblipatrona of Grantor to 0anafieiaW which are described in this Dead of Trust, or in the Note or other Dodunant, (for axdmpke, paymont of the attorneys foes of the Bona Peiahf, insurance premiums and ad valorem Taxes), NOW, THEREFORE, for the purposes and under The conditions described In this- Deed of Trust and in consideration of the Debt and the mutual promises of Grantor and Beneficiary, Grantor horoby convoys to Trustoo, in trust, with power of solo, Tho roar property dowribod in this Deed of Trust, tcgcthor with any improvements, aquipmenl and fixtures existing of hereafter placed on or attached to finis reel proaerty, all proceeds thereof and all other appurtenant rights and pnvilogos. The torm "Tho Property" shall include this real property, any mien Improvements, fixturos, and also all appurtenant rights and privileges. TO HAVE ANO TO HOLD tho Property, to Trustco, his Nuct;csnors and assigns, but upon the trust, and under the terms and condlilena of this Deed of Trust, to which Grantor, Trustee and Beneficiary hereby agree: 1, PERFORMANCE GY GRANTOR. Grantor shall fulfill all of Grantor's obllgatlom as specified In this Deed of Trust, The NOT& or other Document. 2_ TAXES, CEEDS OF TRUST, OTHER ENCUMBRANCES. Gramor shall mnko timely paymont of all ad valorem taxes, assessments or other " charges or encumbrances which may constitute a lien upon the Property, GranToe shall timely pay and perform any obligation, covenant or warranty contained In any, other dead of trust or writing (herein Other Dead of Trust) which gives rise to any or which may constitute a lien upon any cf ilia Property. Grantor Shall upon request of Beneficiary promptly fumiah satisfactory ovldeneo of such payment or performance. Grantor shall not enter Into, termineto, eancol or amen any lease affecting the Properly or any part Thereof without Ilia prior written eonsom: of Bona:iciary. Grantor Shell timely pay and perform all terms of any io"•so or subloosa of tha Property or any part thereof. 3. INSURANCE, Grantor shall keep insurad all improvamrants which are now existing and which might hereafter became, part of Thn property, againat loss by fire and other hazards, easualtios and contingencies in such amounts and rar such eriods as may be requlrea from Time to time by Beneficiary; and Grantor a'rall pay promptly, when due, any premiums on Tho Inetlranco. AlP insurance shall be carried with companies approved by Beneficiary, and Grantor shall causo all policies and renewals thoroof to be delivered to genaliciary; and the policies snarl coma(n loss payable clauses in favor of and in form acceptable to flenetlelary. In the event of loss, Grantor shall givo immodiatn notice to Benanciary, and Beneficiary may ma(to proof of less if such is not made promptly by Granter. Any Insurer Is hereby expressly authorized and directed To make payment for the loss directly ervd solely'Tb Beneficiary, Further, Beneficiary may apply tho insuranco proceeds, or any part thereof, in Its sole discretion and at its option, oithor to rho reduction at the Debt o: to the restoration or repair of any portion of the Property damaged. 4. ESCROW DEPOSITS. Upon demand of Beneficiary, Gramor snail add to onch pnymonT roquirod under the Note or other Document The amount estimated by Beneficiary To bo sufficient to enabld Mriarieiaey to pay as Trey become due all taxes, charoos, issosamorts, and Insurance premiums which Grantor is required to pay. Further, any deficiency occasioned by an imufficfoney of such additional payments Shall be deposited by Grantor with Beneficiary upon demand. 5. PRESERVATION AND MAINTENANCE OF THE PROPERTY. Grantor Shall keep the Property In as good order and ropair ns it now is (reasonable tvoar and tear excepted) and shall neither commit nor permit any wasto or any other occurrence or use which might Impair The valve of the Property. Grantor shall not initiate or acquiesce in a change in the zoning classification of Tho Propony or make or permit any structural alteration thoroof without Beneficiary's prior wrltTen con9enT, B. COMPLIANCE WITH LAWS. Grantor shall regularly and promptly comply with any appllcaale lapel roqulmmonts of zha United States, the Stara of North Carolina or other gavernnhental entity, agency or InsTrumortality rolating to The use at canditon of the Property. 7. CONDEMNATION AWARD. Any aWard for Tho Crking of, or damages to, all or any part of The Property or any Intorost Thoroin upon the lawful exercise of tho power of eminent domain shall be oayable Solely To Seneflclary, tvhloh may apply the sums so received to peymenT at the Debt. B. PAYMENTS BY BENEFICIARY, If Grantor shall he in dafauh in the•dmely payment or performanco of any of Grantor's obligations, the Note or othor Doctimant, under this Dead of Trust or Other Deed of Trust, Sonoficiary, may, but it is not obligated To, expend for tho account of Grantor any sums, expenaos and foas which Beneficiary bal'.evas appfopflote for the protection of the Property and the maintenance and execution of This trust. Any amounts so expended Shan be doomed pfircipal advances fully secured by This Deed Of Trust, shall bear intorosT from the Tame expanded until paid it thv rate of interest necrurno on The Debt, and Shall be due and payab)o on demand. 9. RENTS AND PROFITS, Grantor hereby assigns to Bonoficiary all future rents and profits from the Property as additional security for the pnymern of the Debt and for the performntrca of all ubligbilons ofcurud by titio Dead of Trust. Grantor hereby appoints CansfIciary, as Grantor's attornoy-in-fact To collect any rents end prefita, with or without suit, and to apply the sumo, lass expenses of collectionh, m the Debt or to any obligations natured by this Deed of Trust In any manner as Beneficiary may desire. However, unxll default under the Note or othor Document or under this Dood of Trust. Grantor may continua To collect and retain The rents and profits without any accountability to Beneficiary, Beneficiary's aleetion 10 pursue The collection of tho rents or profits shall be in addition To all other remedies, which Beneficiary might have and may be put Into effoct Independently of or eonturrantly with env other remedy. 10. SECURITY INTEREST, All rho fixtures and equipment which ^.ompeisa a part of the Property shall, a,- far as permitted by low, be deemed To bo affixoci to the aforesaid land and conveyed therewith. As to tho baknnco of rho fixharos, this Dead a.` Trust shall be considered to be a security agreement which croatos a security interest in such ftxtures tot The benefit at Beneficiary. In that regard. Graritar grants to Beneficiary all of the rights and remedies o' a secured party under tho No..-th Carolina Uniform Comrnertlal Code, Grantor agroas to exocute and doliver to Beneficiary, Concurrontly with the execution or this Deed of Trust and upon The roquaat of goneficiary from time to time hereafter, all finandlno statements and o:hor documoms reasonably ractuirod to perfect and maintain The security Interest crootad hereby. Granter hereby irravoca'aly fee long as the Debt remains unpaid) makes, comma tos and Appoints faenariciery as the true end lawful attorney of Borrowor to sign the name of Grantor on any financing t;tatoment, continuation of rinanclr4 statement or almilor document roquirod to perfect or continue such seodrhy interests. However To the extent allowed Oy law, this Dead of Trust shall be a financing atsTement sufficient ID pe.-focT nno maintain any security interest created hereby In the Property and Its Proceeds, 11. GRANTOR'S CONTINUING ORLIGAT ON. This Dood of Trust shall remain as Security for full payment of the Debt and for porformmtce of any obligation evidenced by the Note or other Document, notwithstanding any of The following: (at the sale or release of all or any part of The Property; (b) the assumption by another party of Grantor's obligations under this Dead of Trust, the Note or other Document; (c) the foroboarance or oxtension of time for 0aymort of The Debt or for performance of any obligations under this Deed of Trust, the Note or other Document, whether granted to Grantor or to a subsequent owner er the Property; or to) the release of any parry who has assumed payment of the Debt or who assumed any other obligations under This Deed of Trust, tno Noto or cThor Document. None of the roregoing shall, In any way, arratt the full force and affect of the Ilan of this Dood of Trust or impair Beneficiary's right to a deficiency Judgment in the event of foreclo:uro against Grantor or any party who had assumed payment of ilia Debt of who assumod any other obligations the pasformanca of wham Is secured by Ilia Deed of Trust, 12. SUBSTITUTION OF TRUSTEE, Elonrficiary shall have the unqualified right to remove The Individual designated as Trustee on the first page of this Deed of Trust, and to appoint one or more substluan or succossor Trustees oy iistrumen9 filed toe realatrayon In the County M01ftey where This Deed of Trust is roeordod. Any such removal or apooinTment May be made at any time and from tima To time without notice, without specifying any reason tnorofor nno without ancaurt appprove(. Arty Duch dppc;ntee shall ootome filly vested with thin To thn Proporry and with all rights, powers and dudes conferred upon Zoe incividual Originally designated as Trustee, in the same manrar and to taw sumo offoat as though that party woro nomad heroin as the original Trustee. 13• INDEMNIFICATION IN EVENT OF ADVEF15F CLAIMS. In dha event that Bonotic,ary, or Trustee voluntarily or otherwise shall become partlec to any auir or legal proceeding involving the Property, they shall be saved harm eae and shall be reimbursed by Grantor for any amounts paid. Including all coats, charges and attorney's foes Incurrod in any such suit or pracmdir g and the same ahall be secured by rile Deed of Trust and payable upon demand. 14, INSPECTION. Beneficiary me ynt any reasonable time antl from tlmd TO Tmi make or seuae To Do made reasonable ontrics upon. Investigations, and Inspections of tho Property, including without limitation any inspection.- or investigations such fie sampll'ap and testing which may be necessary or desirable To review compliance whirl Environmental Laws, t S. WARRANTIES. Grantor covenants with Trustee and Barleflolaey that dranTor is seized of the Pronarty, In No Wmpla, has the right to convey the some in fee simple, that Title to the Property is markoTnblo and froc and clear of all oroumbrancez, and that Grantor wi:l warrant and defend the Title against Elie lawful claims of all persons whoineoever„subJect only to any declarations, easements, reaTrictioPs or encumbrances listed in tho title opinian or title Insurance policy which Benaftiary obtained iri the treneatTion in {vhich.Benafiolary-obTained this Deed oof'Tr r T, gBT406(cam, °na'h't` tyfl{� 2007-May-08 01:47pm From -Hamlin Roofing 9196625680 T-166 P.004/008 F-375 DCIIISIILOMY WIVIJIVh, I rill at Tr Iy LW ill t1 c �unv�uu„ 111uuur u u 11111 �u u 11FI-11— u •a m w, W y I u1u I,Iuv,alul ul LI . Dead of Trui-Wtha Note or other Documents or In the event Beneficiary or Trustee Shall become partiesToany suit or legal proceeding (Including any proceeding conducted before any United States Bankruptcy Court) concerning tho Property, Welcoming trio lion of this Dood of Truss, cwrlpemin0 collection of tho Dobt or concerning compliance by Grantor wish any of this provisions of this Deed of Trust, the Note or other Cotument. Grantor shall pay Banariclary's reasonable attorneys' Tees and ail of the costa that may be Incurred, and such tees and COSTS shall be secured by This bead of TsusT and Its payment enforced as if it waro a part of the Debt. Grantor'rhall be liable for such attorneys' foes and costs whether or not any suit Cf proceeding Is commenced. 17. ANTI -MARSHALLING PROVISIONS. Trustee and Beneficiary may grant releases at any Time and from time To Time or ell or any portion of The Property (whether or not sdch releases tiro required by ogroomoni among to plrrios) agrooablo to Trustee and Bonoficiary without notion to or the consent, aporoval or agreement of other DafTles and interests, Ineldding junior llenors and purchasers subject To ins hen of this Dead of Trust, and such reioasos shalt nor impair in any manner the validity of or priority of this Dead of Trust on that partion of the Property remaining subject TO this Dead of Trust, nor release Grantor from personal Ilabl:lty, for the Debt. NotwMarranding the existence of any other security Inraro sts in rho Property hold by Beneficiary or by any other party, Beneficiary shall have the right to determine the order in which any or all or Ilia Property shall be subjected To the remedies available To Benetielary, and Beneficiary shall further have The right to determine The order In which any or all portions of the Debt are satisfiod from the procoods realized upon the exercise of any remedy it has. Grantor, or any party who consents to this, or any party who has actual or constructive notice herect, hereby waives any and al: rights to require the marshalling of assets in connection with the exercise of any of The remedies permitted by applleabie law or provided herein, 18. ENViRONM.ENTAL ISSUES. Grantor for itself, Its successors and assigns roprosenTs, warrants and agrees trial (a) nonhor Grantor nor any other person has used or insiallod any Hazardous Material (as horoinaftor defined) on the Property or received any notice from any govornmantal agency, entity or other person with regard TO Hazardous Materials on, from or affecting the Property; (b) net Grantor or any otter person has violated any applicable Environmental Laws (as hereinafter defined) relating to or affecting the Property; to) the Property sea presently in compliance with all Environmental Laws; there are no circumstances peeaent)y existing upon or under the Property., or relating To The Property which may violate any applicable Environmental Laws, and there is not now ponding, or threatened, any action, sun, investigation or Proceeding against Grantor relating to the Property lot against any other party relating to ilia Pfopertyl seeking to enforeo,.any right or romody under any of the Environmental Laws; id) tho Property :hall he, kopt free of Hazardous Materials, and shall not ba used to ¢anerata, manufacture, transport, Treat, store, handle, dispose, or process Hazardous Materials; lei Grantor Shall not cause nor pormit Tho installation of Hazardous Materials in the Proporty nor a rolciw.q of Hazardous Materia:s on the Property, (fl Grantor shall at all times comply with and ensure compliance by all other partieS with all apphioabld Environ.nenral Laws WOU110 To or affecting the Property and shell keep Ths Property free and coar of any bons impposaa pursudnt to any applicable Environmental Laws; tat the Grantor has obtolnod anti will n" all Times conunya W oornin and/or malmain all IlrrjrwoB, pormiis, and/or other governmemai or reoulatory actions necessary to comply with Envlronmantal Laws IthO "PormiTs") and the Grantor is in ruff compliance with the Terms and provisiors of the Permits and will continua to comply with the terms and provisions of ilia Permits; (hi Grantor shall immediately give The Banefrelary oral and written notice In the event That Grantor receives any notice from any governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting the Property and shall conduct and complete all investigations, sampling,Prand testing, and all remedial, removal, and other actions necessary To clean up and remove all Hazardous Materials on, from of affecting The operty in accordanco with all applicable Environmental Laws. The Grantor hereby agrees To Indemnify The Beneficiary and hold the Beneficiary harmless from and against any and all lossoar liabilities, yamages, iniurios [including, without limitation, attorneys' fees) and claims of any and every kind whatsoever paid, incurred or suffered by, or aseartad against Beneficiary for, win respect to, or as a direct or indirect result of (a) the presents en, or under, or the escape, spillage, emisslon or raioaso from tho Property of any Hazardous Material regardless Dt whether or not caused ey or within the control or Grantor, (b) Ella violation of any Envlronmantal Laws relating To or affecting The Property, whether or net caused by or within the control of Grantor, (c) The falluro by Grantor to comply fully with the terms and provisions of thls paragraph, or (dl any warranty or reprtssantallen made by Grantor In TITIa paragraph boing false, or untluo in any material rospoci. For purposes at this Dead of Trust, "Hazardous Malarial" moans and includes petroleum produete, any flammable explosives, radioactive materials, asbestos or any malarial containing asbestos, andloe any hazardous, Toxic of dangerous waste, substance or material definod as such in tar for the purpose of) The Environmental Laws, For the purpose-. of this Dead of Truest, "Environmental Laws" matins the Comprehensive Environmental Response, Compensation and Liability Act, The Hazardous Malarial- Transportation Act, the Resource Conservation and Recovery Act, any "Super fund" or 'Super Llen" law, or any other federal, state, or local law, regulation or decree regulating, relating to or imposing liability or standards of conduct concerning any petroleum products, any flammablo explosives, radioactive materials, a&boatos or any material tontsiningQ asbestos, and/or hazardous, toxic or dangerous waste, substance or meteelal, as may now or at any Limo hereafter be in affect. The obligations and liabilities of Grantor under this paragraph shall survive The foreclosure of zho Pncd of Trust, trid dalivory' of a creed in lieu of foreclosure, Ilia cancelfadon of The Noto; or if otherwise expressly permitted in willing by the Bank; the sale or alienation of any part of trio Property, 19, EVENTS OF DEFAULT. Grantor shall be In default undor this Dead of Trust upon the occurrenca or any of the tosowing; (a) Default In Tho payment or performance of any at ins oblldaTlons, of of any ciovorK7nT or warranty in this Deed of Trust, In The Note or other Document, or in any other note of Grantor to Beneficiary or apy contract between Grantor and eanailclary; or In any contract boswaen any Third party and Beneficiary made for the benefit of Grantor; or (bt Any warranty, representation or statement made or furnished to Beneficiary by or on bohalf of Grantor in connection with this transaction proving to (,ave been false In any material reaped when mado or fumished; or (a) Loss, thofT, substantial damage, destruction to or of Tho Property, or the assertion or maklrtg at any levy, seizure, machanio's or materialman's lien or attachment thoroof or thorcon; or (d) Death, dissolution, Termination of oxi;tance, insolvency, business taifure, appointment of a Recoivor for any part of the property of, assionment for the benefit of creditors by, or the Inability to pay debts in the ordinary course of business oT the rancor or any co-makor, andorsar, guarantor or Surely for Grantor; or ()Foiluro of a corporate Grantor or co -maker, endorsor, guarantor or surety for Grantor to maintain Its corporate exlstaneedn good standing; If) Upon the entry of any monetary Judgment or the asses; monr at filing of any tax lien against Grantor; or upon The lesuanco of any writ of garnishment ar anechmonl against any property of debts dua or rights of Grantor: or (g) The safe (including sale by land contract upon dolivory of possassian), tranarar or encumbrance of all or any part of trio ProporTy or any interest Therein, or any Chongo in the ownership or control of any corporate or partnership Grantor, without Banafreiary's prior written eoneem; or otho�w;-c believe that the prrospect at payment oraotrior performance is iimpaiirredProporty or the Debt thesis or Insecure; or should Beneficiary 20, REMEDIES OF BFNEFICIARY UPON DEFAULT, Upon the occun-onco of any avant of default, Banegcleey nav eT he option, without prier native to Grantor, declare The Debt To bo immediately due and payable In fug; and, on application of Benofciary, "Trustee shall foreclose This Deed of Trust in any manner permitted by North Caroline law, including soiling Ina Property or any part thereof at publicsale to the last and highest bidder for cash, free of any equity of redemption. homestead, dower, eurteey or oWee State or federal exemption, all of which are expressly waived by Grantor, after eompiianeo with applicable North Carolina laws relating To foreclosuro solo.- udder power or tale; Ono Trustee shell execute and deliver to the purchaser a Trustee's dead conveying trio Property So '.old without any covenant at warranty, expressed cr implied. The raeitala in ilia TruaEse's deed shall bo prima facia evidence of the truth or the ateremanla made Therein, Tho proccod; of any such sale shall be appllod in the manner and in the order prescribed by applicable North Carolina last', it being agreed that the expeneea of env Such seta shall include a commission of rive per cord of iho gross sales pride to Trustee for holding Such Sale and for all services performed by him incurred hereunder exclualng expenses in makingsate. in the event a foreclosure aulT or special proceeding is commoncod, and no salts is halo, then The Grantor snail pay to the Trustaev 1) alexpenses Incurred by Trustee and 2) a partial commission computed an five per cant of The balance of the unpaid Debt. Beneficiary may bid and become tose o purchaser at any sate under this Dead or Trust. AT any Such sale TfusTOe may at his election raqulre The auccossful orddor immediately to deposit with Trustee coal) In an amount equal to all or any part of rho suacessful bid, and notioo of any such requisamani need not be Included In The advertisement of the notice of such Sala, If foreclosure proceedings are Instituted under this Dead of Trust, Trusloe Is hereby authorized to Wka possession of the Property and cdtaec any rental, accrued or To accrue; or Trustao may lease the Proporty or any part thereof, ractsive the rents and profits Therefrom, and hold The proceeds remaining after payment or the oxpan .os of managing and operating the Properly subject To Tho order of the court for the bonafn of Beneficiary, pending final alsposidon of too foreclosure proceedings, and during any par, od allowed by applicable law toe the redemption Tram any fgroe!ww9 sale ordered in such procovoings; and Trudtlra may act irrespective of ino valiao Of the Propariy or fc adequacy or Inadequacy to secure or dlschatgo 'din mdebiadness Than owing. 21. RELEASE AND CANCELLc1TION. Upon fulfillmont of all of obligations, the performance of which Is secured by This Dood of Teat, and upon payment of The Debt, this Deed or Trust and the Note or Other Cocumont shall hn marked "Satisfied" and returned to Grauer, and this Conveyance shall be null and void and may be cancelled of record at the request and coal of Grantor, and Title to the Property snarl revtsat as provldad by law. 22. MISCELLANEOUS. The captions and hoadings of the paragraphs or this Daed of Trust are for convenience only ant shall not be used to Interpret or deflno any provisions. All remediea provided herein are distinct and cumulativo To any other right or remedy under this Deed or Trust or afforded by law or equity, and may bo examined concurrahlly, independently or successively. All covenants contained heroin shall bind, and the benefits and advantages shall Inure to, the rospoetivo hairs, axacutars, administrators, successors or assigns of The parties to this Dead of Trust, and iho cioslgnul;ianS ''Grantor", "Trustee" and "Beneficiary" include the parties, thelr heirs, executors, administrator5.:uccessors and aaslgns. The doalgnadona "CorparoW'. "Corporation", and "Purtnurshlp" include limirod liab(Rty oompon(os and IlmlTod liability partnerahipe. Whenever used, the singular number shall include tho plural, and the plural the singular, and the use of any gender shall be applleabla To all genders. This Dead or Trust shall be governed by and construed under North Carolina law. Any forbearance by Beneficiary in exercising any right or remedy horouncor, or otherwise afforded by applicable law, shall not bet a waiver of or ��rdcluda the exercise or any such right or remedy. The procurement of insurance or The payment of taxes or othor [(Ono or charges by Doneflclary shall not bo a waivor of Bonoflclary'a right to accelerate the m uirity of the Debt. Time is of the assenca in the payment or performanco of any of the obligations, or of any covenant or warranty containad in this Deed of Trust or in the Note, or other Document. y BUT405 isaoal bQO U CJ PAGE_ 2007-may-08 01:47pm From -Hamlin Roofing 9196625680 T-166 P.005/008 P-375 this Insmument to be executed in ils curparate name by iti Preaiden[, an;s[td by [LS Srcretnry, end- Ira lRwR ordor of is Board of Directors rent duly given. with ihiz sealed instrument being delivered on die tare first above written. (CORPORATn NAMGI By: sa his hand anti atopled RS hIS seal the ward "SF-'tL' apraarldg beside or near bis signature, this sealed instrument beirg executed and delivered On (Ili data iltl( Above written. ' Grantor: (SPAL) rile Gramo (SEAL) ne ITaynes me Granor. (SEAL) President Grantor: (SEAL) ny: ATTEST. Secretary [COar•ORAT11 SnAU IN TESTIMONY WHMWOr, the above partnership Grantor, Lirnited Liability Company, or Limited Liability Partuorshlp No Dauscd Oils hlatrutlic ll ro be CxeOU[W In Me app[Oprinni cOmPany or pntmership name by duly authorized general pnroler(s) ur mnnagers, and has udonted us its seal the word "SEAL" appearing be5'ale its name, Oils sdaled Ins[rllmem belq cxecirwl and delivered on the dote first above written. (SEAL) By: (SPAT,) NAME Or v (ITNERS.+IP, LLe, OR LIP Title. By: (SEAL) ny: (SEAL) Tide: Tile k- -L'SJUIflYF<+., STATE pP. NORTH CAROLINA, COUNTY OF Carteret .•� ,I: Hannah G. Miskell a Notary Public, do hereby certify dot e T R Y':,} =Terr;r. ATsn erne aw jigne Rayl]es Horne Gtbmor, t'ragonnlly appeared befum tad this day arid adkuOWkdg[Q the exectltlon ofails; DCed of Trust. x ar X(rttnaea my hkrld and official stamp or Seal, rhis 6th day of Anril_ qq � -'.L,�•�'Cpin {a :My',mtxslon Expires: 12/12/03 �t. ,dam J . 5'f�R. _•"'E�n v\ bpi .� NOTARY PUBLIC +Nt'• ti•HA SEAL NG STATE OF NORTH CAROI INA, COUNTY OF a Nomry Public, do hereby certify this Grarl[Or, ptraorally appeared before me this day and acknowledged The execution r this Deed Of Trdal. Wime-5s my hand and official sump or seal, this day of _ My COntutiseioa Expires: rIO'1'+.uY rUBLIC SPIAT, STAMP STATE OF NORTH CAROLINA, COUNTY OF I. a Notary Public, do hereby uprlify that ptraona ly appeared a ore me a ny an acknowledged that hasty ittlarc (I scare whether genera primers or manager) or a and furdler uCkOOWlcdgtd the dUC execution of This Deed of Trust on behalf ar the Wimesi my hand and ufGcial aluutp Or seal, this day of My Conti isslorl Expires! NOTARY PUBLIC SP.AL STAMP STATE. OF NORTFI CAROLINA, COUNTY OF 1, , a Notary Public of County, North CarOlina, dO 1lereby terrify that persoaally appwral brfore Ire Oils tiny and acknowledged rhm he is Secretary or ,u Corporation, and that by audtori[y duly y`Ivtc and a9 die act of the corporation, [he foregoing imtrvmen[ was signed In its name by its President, sealed with is corporata goal, alld antsted by _8Nf as it< socra(ary. Witness my head arid ofllclal stamp or seal, thlb day of My Commission Expires: NOTARY 1.11a1.IC The foregoing CurLi%ftIC(s) Of Is/art ecrafled to be correct. This instrument and thir, certihcre ar,d duly rag[s[ered at No tiara and thne atxl In me Book and Page shown on [he first pREC hereof. By: REGISTER OF DEEDS FOR (� DeputyrAeslsmnt - Register of Detds, COUNTY BBT405 Isacsl f 2007-May-08 01:47pm From -Hamlin Rooting 9196625680 T-166 P.006/008 F-375 -EXHIBIT A TO THAT DEED OF TRUST FROM JERRY ALAN HORNE AND WIFE, JANE HAYNES HORNS TO JERONE C. HERRING, TRUSTEE FOR BRANCH BANEI NG & TRUST COMPANY, DATED APRIL 6,1999. TRACT ONE: Being all of Lot 9, Block A, Section II, Sea Gate Subdivision in accordance with that recorded map of Block A, Section 11, Sea Gate which appears of record in Map Book 9, Page 86, Carteret County Registry. This Lot 9 also appears as "Lot 9A" on that survey entitled "Lot 9, Block A., Sea Gate Subdivision", as prepared by Atlantic Coast Professional Surveying, P.A., dated March 24, 1999, which survey is recorded in Map Book 29, Page 503, Carteret County Registry, TRACT TWO: Being all of Lot 9B in accordance with that survey entitled "Lot 9, Block A, Sea Gate Subdivision", as prepared by.Atlantie Coast Professional Surveying, P.A., dated March 24, 1999, which survey is recorded in Map Book 29, Page 503, Carteret County Registry. This Lot 9B is part of Lot 7, Block A, Section III, Sea Gate Subdivision, as appears in Map Book 11, Page 7, Carteret County Registry. Reservation and easement in favor of the United States of America for spoilage diu-aping areas, and rights appurtenant thereto, as set forth in deed to Richard Wright of record in Book 181, Page 531, Carteret County Registry, and the judicial interpretation thereof appearing in Judgment Book 4, Pages 130 and 220, in the Office of the Clerk of Superior Court, Carteret County, North Carolina. This conveyance is made and accepted subject to those Restrictive Covenants of record in Book '3�� , Page bI I , Carteret County Registry, ,... TRACT THREE: (Lot 24, Pelican Park) Being a 1/37th undivided interest in the following described property: Being located in the Town of Atlantic Beach, Carteret County, North Carolina, and being approximately 2.21 acres and being more particularly described as follows: Beginning at an existint± tack, said e---fisting tack being 1oca:.ed North 10 degrees 3S iumutE:40 seconds Last 603.04 feet from an existing railroad spike, which said existing railroad spike marks the point of intersection of the centerline (extended) of Second Street and the centerline of "Old Causeway" as said Second Street and "Old Causeway" are shown on that plat of record in Map Book 11, Page 29, Carteret County Registry; thence, fxom said point ofbegiraiing, South 10 degrees 58 minutes 40 seconds West 124.57 feet to a point; thence, North 79 degrees 03 minutes 20 seconds West 50.0 feet to a point; thence, North 79 degrees 03 minutes 20 seconds West 96.52 feet to an existing iron pipe; thence, South 70 degrees 25 minutes 40 seconds West 25.52 feet to a point; thence, North 79 degrees 03 minutes 20 seconds West 89.80 feet to a point; thence, North 11 degrees 12 minutes 40 seconds East 10.0 feet to a set iron pipe; thence, North 11 degrees 12 minutes 40 seconds East 242.11 feet along the East boundary line of Lot 2, Block 26, Atlantic Beach Isles as said lot and subdivision are shown on that plat of record in Map Book 11, Page 29, Carteret County 2007-May-08 01:47pm From -Hamlin Roofing z 9196625680 T-166 P.007/008 F-375 -2- Registry, to a point; thence, along a seawall, North 37 degrees 58 minutes 15 seconds East 7.27 feet to a point; thence, continuing along the said seawall, North 84 degrees 50 minutes 30 seconds East 141.09 feet to a point; thence, continuing along the said seawall, North 82 degrees 20 minutes 15 seconds East 47.58 feet to a point; thence, across the opening of a boat ramp, North 77 degrees 59 minutes 05 seconds East 16.93 feet to a point on a seawall; thence, continuing along the seawall, North 84 degrees 47 minutes 35 seconds East 67.98 feet to a point; thence, continuing along the said seawall, South 73 degrees 04 minutes 30 seconds East 21.33 feet to a point; thence, continuing along the said seawall, South 82 degrees 53 minutes 15 seconds East 7.33 feet to a point; thence, continuing along the said seawall, South 69 degrees 52 minutes 25 seconds East 83.90 feet to a point; thence, continuing along said seawall; South 75 degrees 15 minutes East 1.01 feet to a point; thence, South 14 degrees 40 minutes 40 seconds West 186.10 feet to an existing iron pipe; thence, North 79 degrees 01 minutes 20 seconds West 107.9 feet to an existing tack, the point or place of beginning. All as shown on that survey far INJack Dakc r dated DQ,� nber 1, 1988, by Ronald C. Clements, Jr., Registered Land Surveyor, Atlantic Beach, North Carolina, The Grantee takes this property subject to a Joint Tenancy Agreement, dated Febraary 9, 1989, recorded in Book 604, page 413, Carteret County Registry, and as may be f4 ier amended. The Grantee herein is granted the exclusive right to utilize Space Number 24 as shown on Exhibit B to said Joint Tenancy Agreement. With respect to Space No. 24 above referenced, a more particular surveyed description thereof has been accomplished with respect to the west, north and east boundary lines thereof and appears in that survey entitled "Jerry A. Ilorne" prepared by Collier Survey Company and dated May 20, 1993. What appears on said survey as its southern boundary line is, in fact, a centerline of the "Park Road" which serves as access from Space No. 24 to the Old Causeway Road, a public right of way. Also conveyed hereby is all of the right, title, and interest of Grantor herein in and to that mobile home identified as: 1985 East, Vehicle # FS56S142FIK3745GA, Title # 1017250397B. CARGNMESMHORNE DES 2007-May-08 01:47pm From -Hamlin Roofini 9196625680 T-166 P.006/008 F-375 • Linl- E j;N.07-rgj-_� F.jWvl 1)C_1=P z4. Sl2_og.:�rw z2.3�' � N77-12�piw d,9a� �" ica t.,w 1 kacu�. � g.5'X 13'3, �9 ti 1 11.gg' N 7 3"1-22W $'S 42 I ry '3 r �2-ls- pq �_ N t�-2b-lbw N e�O_45' 40W z 1.A0 L4 r N33-o4 rtGwl 21.0q' � N IR•W�o'�w 7A•.(o(P' �i�T1a1G NAIL z RAILaW-) SPl kF--7 !N b SSA P�-7F.• n . 1q, 00t n R E ,ti S stLif1 %mtoa � YICi�1t�Y MAP�.����y`�+:�;`�^�"�»'"� �+�.•�d ti _ilk. S .arrgwa tar '' 1PWW4rtr A00"s oa Shia P400 "at the yrq.rtr a a:rMliM -e ■tu ■r. ftaaraasra.rw hftr•Ml Chat the, stryayr. `- l...tar as th;a }o lf, iDOif/aaf�anll�•Aawoi r say ♦436~L ot /nrrl7 ..4 that thd aSa.atwo on tFf� .�'_ PFAN,r OiMfaM00YdxG1' AR...a M ` $IgTFRF L 1_ Q Li ' = " COLLIER SURVEY COMPANY _ -a 011vi Co 1.r R.L.f. DATE 408 Arandall straot/ PO bqx 3460 ' 4 • - j�� tbr.h.ad City, Worth Car011na 26357 --f Offlca (919) i76-1464 Floc 4►i� w,Ld.nc. (919) 247-6YU .i -w i011 9r.■ 1-A44-6$x-4316 GL - BOOK_...._ ,PAG -, ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIERIMOORING PILINGSIBOA TLIFTIBOATHOUSE) I l) I hereby certify that I own property adjacent to rr y I & e- 's (Name of Property Owner or Applicant) x Mailing address if different from location address C. .t 2- (town, state and zip) A/a�� phone numbers you can be reached property located at (� (Lot, Block, Road, eta) on Is _ S� -, in / R , N.C. (Wat dy) (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless waived by me. I do not wish to waive the setback requirement. 8als I do wish to waive that setback requirement. JUL 0 9 Z007 Jinitials --------------------------------------------------------------------------------tif _ehe8 -GAY-ucM DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) ------------------------------------------------------------ ------- - - --- ---- - ---- Si at e JA/� M PCR7DV�EQ) Print or Type Name �36 qj 601 Telephone Number AM ACEN'I' KIPAKIAN YKOFER i 1 O W 1NLK N I A I LIVIEIN I (FOR A PIERINIOORING PILINGS/BOATLIFT/BOATHOUSE) I hereby certify that I own property adjacent to ✓ er'-L—d-Ur(�_ jt_—_ 's (Name of Property Owner or Applicant) Mailing address if different from location address (town, state and zip) phone numbers you can be reached property located at __64- 1 I — _ 1 �� (( CA'" (Lot, Block, Road, etc.) on in. A& N.C. ('VVaterb y) (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless waived by me. I do not wish to waive the setback requirement. JED If initials JII�- � (, ���� I do wish to waive that setback requirement. J tntuals ---------------------------------------------------------------- ---------------------Morehead Cit�JXM DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPi✓IENT: (To be felled in by individual proposing development) Signature Print or Type Flame Telephone Number Date: www. nccoasca. management.net/Permits/ADJACENTRIPARL.kN PRO PERTYO WNERST,aTENIENT. pdf WARRANTY DEED PREPARED BY: BESWICK & GOINES, PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557 RETURN TO: BESWICK & GOINES, PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557 STATE OF NORTH CAROLINA Excise Tax:$ -0- COUNTY OF CARTERET Parcel # 6375.08.87.1743 NO TITLE EXAMINATION REQUESTED OR PERFORMED THIS WARRANTY DEED made and entered into this 22nd day of June„ 2007 by and between: JOHN TODD PORTERFIELD and wife, JAN M. PORTERFIELD (GRANTOR) D OgEr7 and ED JUL 0 9 2007 JAN M. PORTERFIELD 3197 Carriage Creek Court Haw River, NC 27258 (GRANTEE) Morehead City DCM The designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that certain lot, tract or parcel of land situated in CARTERET COUNTY, North Carolina and more particularly described as follows: SEE EXHIBIT "A", ATTACHED HERETO AND INCORORATED HEREIN BY REFERENCE. BEING the same property conveyed to Grantors as recorded in Book 12 6 Page 367, of the Carteret County Registry. MbrPhQaci co L)ipm The above -described property is conveyed and accepted subject to such easements, restrictions and rights of way as appear of record in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR is seized of the premises in fee simple, has the right to convey the same in fee simple, that title subject to the joint life estate as a tenancy by the entirety reserved by the Grantor herein, is marketable and free and clear of all encumbrances, and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. ,-7 t. LiV`�=- (SEAL) JO ODD PORTERFIEL (SEAL) JAWM. PORT RFIELD 1. STATE OF NORTH CAROLINA COUNTY OF C aA:;t� I, a Notary Public of the county and state aforesaid, certify that JOHN TODD PORTERFIELD and wife, JAN M. PORTERFIELD, Grantor, personally appeared before me this day and aclulowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this _%y of (x-�' 2007. is 'ion expires: I�.E:\Li t5yj\'orte� jlj Deed.doc ,`r±%•�} nVV •• • •� 'seems Notary Public I'1Y.•2� Printed Name of Notary EXHIBIT "A" described Being a '1/37th undivided interest in the following property: Being 1 rated in the Town a Atlantic Bea 2 21 acres Band County, •,North C rolina, and being PP oximately more particularly described as follows: ;I 10- Beginning at an existing tack, said existing tack being feet Esl rated North 10 Degrees 58 Minutes wh40 iche saidcond9 exi stings railroad from an existing railroad spike, spike marks the point of intersection of the centerline (ex- �et and the centerline of "Old Causeway" tended) of Second Streare has said' Second Street and "Old Causewaage 29, y" shown Regis plat of Irecord in Map Book oo IIofpbeginning, ,south 10 Degrees 58 try; thence, from said p oint; thence, North Minutesl40 Seconds West 124.57 feet to a P Point; 79 Degrees 03 Minuteees003eminutes 20 Sends West condseWest o96 52 feet .thence,jNorth 79 Dec thence, South 70 Degrees 25 Minutes De - to an existing iron pipe; point; thence, North 79 De- ;I40 Seconds West 25.52 feet to a P to a point; 1UL 0 9 2007 green d3 Minutes 20 Seconds West 89.80 feet10.0 thence, North 11 Degrees 12 Minutes 40 Seconds East E 2 tMinutes e40 Moreh�C� thence, North 11 Deg line of Lot ;; to a s t iron pipe; the East boundary �I�y /ti�� .seconds East 242.1] feet along page Z9, •I `J 2, Block 26, Atlantic Beach Isles as said lBookna lsubdivis�.on are sho n on that plat of record ; en a seawall, to a point; thence, along 'Carteret county Registry, North 84 North 317 Degrees 58 Minute 11r5 Shen said seawall, feet to •point; thence, continuing 9 point-, !Degrees 50 Minutes 30 Seconds Bast 141.09 feet to a p the said seawall, North 82 Degrees 20 thence, continuing along point; thence, across Minutes 15 Seconds East 47.58 feet rth t77 a Degrees 59 Minute cons the o ning of a boat ramp, thence, Seconds' Bast 16.93 feet to a point on a seawall; Minutes 35 along the said seawall, North h Degrees ti g 'along 'tinuing� oisit; thence, continuing 9 Seconds, East 67.98 feet to a p the said the said seawall, South 73 Degrees 04 i Minutes 30 Seconds East feet 21.33 feet to a point; thence, continuing along South. 82 Degrees 53 Minutes 1 the roads East So7.uth South seawal ' continuing along pint; to a int; thence, 90 feet ' to a p 5 69 Deg ees 52 Minutes 25 Seconds seawall, 8'South 75 Degrees along thence, South 14 Degrees 40 thence continuing int; iron pipe; Minutes Bast 1.01 feet �to a po existing KinuteaI 90 Seconds Degrees West 186.10 feet 20 to an West ling • 198 l is thence 1 North 79 the point or minutes eof nbeginDin ,07 .9 feet to an existing tack, Atlantic shown on that survey for MsRe Baker a Land Desurveyor, jDonald C. Clements, Jr., 9 Beach, North Carolina. Joint Tenancy co rty subject to a Book 60T pace The G antee takes his P pe Y recorded in ranted Agreement, dated FeReg str The Grantee herein is as Shown 413, Carteret -county Reg y• ce Number I the ex6lusive right to utilize SPaA reement. g on Exhibit B to said Joint Tenancy