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HomeMy WebLinkAbout73808A_Mercer, William Joseph_20190808v -. ❑CAMA / .__ DREDGE & FILL NO. 73808 O B C D GENERAL PERMIT Previous permit# ®New ❑Modification ❑Complete Reissue []Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC %f �1 �G _> ® Rules attached. Applicant Name U k O e A° r CCY- Address �a City -I , a lx? CState NC ZIP 5 CQ Phone # E-Mail Authorized Agent Affected El CVi/ © EW [S) PTA ®ES © PTS AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UIBA ❑ N/A ❑ PWS: ORW: yes / no PNA yes /'no Type of Project/ Activity Project Location: County__ 1 •G S y u u) a r► Street Address/ State Road/ Lot #(s) f N on aV 1 5 ac 1& Subdivision City E i, z a. joe:i-k C ., ZIP Phone # River Basin j Sr �, / 00 Adj. Wtr. Body PO f q c(0) Gt. r,. I vE' r at ./man /unkn) Closest Maj. Wtr. Body i•-, `F c,A K R� _r 6�c (Scale: N i ) Pier Fixe Float Fing Groff Bulk Basin Boat Boat Beac Othe Shor SAV: ■Y�l��■■■■il� ng Platform(s) ■■�■■■■!■■�■■■�■■■■■ length number avg distance offshore 0 max distance offshoref 0 ■■�l■■®■■aY■i1i1■t��I�N.CI��■■■■■■■■■■�!�,Si�L'I�i■■■■■ ■!■■■■■■■�1■■■Yid!■Y■■■■■■■■1�■■■■�■■■ cubic yards ramp line Length x)W not sure yes (�0111111111111�11 an ii ■!�i■■■■■■■■�r��■�■i■ �■■■ ■ ■■`r� _, ... ■■■■■■■■■■■■■■■■■■■ENN■■■■■■■ �Nm M■■�■■■�■�■�■E■■ Nye Mom'_Wri---,�TM, yes no ENNEMENNEENEMENENN Phot no A building permit may be required by: r' e+ p +h. Y. CO- ( Note Local Planning jurisdiction) Notes/ Special Conditions Agent or Applicant Printed Name Signature ** Please read compliance statement on back of permit,** Application Fee(s) Check # ❑ See note on back regarding River Basin rules. Permit Officer rin Name Signature 81k /l a 17 Issuing Date Expiration Date 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 I) 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 Resources. Contact the Division of Water Resources 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 Morehead City Headquarters Washington District 400 Commerce Ave 943 Washington Square Mall Morehead City, NC 28557 Washington, NC 27889 252-808-2808/ I-888-4RCOAST 252-946-6481 Fax: 252-247-3330 Fax: 252-948-0478 (Serves: Carteret, Craven, Onslow - North of New River Inlet- and Pamlico Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) (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 - South of New River Inlet - and Pender Counties) http://portai.ncdenr.org/web/cm/dcm-home Revised 7/06/ 17 NC Division of Coastal Mgt. Habitat Impact Computer Sheet p n Applicant: W i t � i a M JCSQPh I� ry�p e r ce-r Permit #: 3 808 Date: b/ p j Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount l�iY% Dredge ❑ Fill Q9 Both ❑ Other ❑ ' Vim" 44 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaImanagement.net revised:02/03/10 7Ol 17 .1111 ! -1 / v Y USPS Tracking® FAQs > Track Another Package + Tracking Number: Remove X 70190160000115331080 Your item was delivered to the front desk, reception area, or mail room at 1:35 pm on May 29, 2019 in ELIZABETH CITY, NC 27909. OV Delivered May 29, 2019 at 1:35 pm Delivered, Front Desk/Reception/Mail Room ELIZABETH CITY, NC 27909 Get Updates \/ I.S. '.Service"CERTIFIED o RECEIPT Domestic Mail Only For EL F K 2Q�.., �. , Certified Mail Fee f 3. 5G 0909 1024 Extra Services & Fees (check box, add ree ate) ❑ Return Receipt (hardcopy) $ I 1 1 ❑ Return Receipt (electronic) $ $0 00 Postmark []Certified Mall Restricted Delivery $ t—� Here ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery $ Postage $0.55 05/28/2019 Total Postage and Fees $4.05 $ Sent o --V� S r et an hpt. No., or)jb; lox No. t i�OG `�_Wlz /zd.-/�� ►1d-=3-�-1-�--- - �eaf ------ - �, t� Z,/5+� C�� v' c 50 ,;ertmea Mau service proviaes the TollowIng benetits: r A receipt (this portion of the Certified Mail label). for an electronic return receipt, see a retail r A unique identifier for your mailpiece. associate for assistance. To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee, present this delivery. USPS®-postmarked Certified Mail receipt toth[ r A record of delivery (including the recipient's signature) that is retained by the Postal Service — for a specified period. 'mportant Reminders. - You may purchase Certified Mail service with First -Class Mailm, First -Class Package Service®, or Priority Mail' service. Certified Mail service is notavailable for intemational mail. Insurance coverage is notavailable for purchase with Certified Mail service. However, the purchase of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail items. For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Return receipt service, which provides a record of delivery (including the recipient's signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Reform Receipt, -attach PS Form 3811 to your mailpiece; Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent. Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). Adult signature restricted delivery service, whlcl requires the signee to be at least 21 years of ag and provides delivery to the addressee specifies by name, or to the addressee's authorized agent (not available at retail). ■ To ensure that your Certified Mail receipt is accepted as legal proof of mailing, it should bear t USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office- for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. IMPORTANT. Save this receipt for your records. I hereby certify that I own property adjacent to C 0c, S4 (wo, w Is (Name of Property Owner) property located at (Y� rr FG�'ry. �-, �� �S , ROCI C 112,� r C -A�, (Project Site: Address, Lot, Block, Road, etc.) on CIS ;vc /�ivei , in !"1. 2A I -A C;1� N.C. (Waterbody) (City/Town and/or County) Agent's Name #: ft) (14 % 5 Lyn ^ Mailing Address: yd S (rr i FY'rA 51 Agent's phone #: asa " )6 ' 3`h 6 / Su,*A 366 E%, 24�94 a Igo 9 Fv,,>,µ a )- - 31-a91 He/She has described to me as shown below the development he/she is proposing at that location, and I have no objections to the proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT arc Aq� Add rPrGp CancreVe �o i t4 s 1, e0_c� y co /i c re -�e s i3a,.., 46a�✓ If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264- 3901. No response is considered the same as no objection if you have been notified by Certified Mail. (Property Owner Information) Signal—, Tose d, m e re P,-- Print or Type Namh 6 a ) � s (Clz t°�� C� Mailing Address 1%z � Cif, N, 6 . ) 790� City/State/Zip a5� - 33 3 - C 56 a Telephone Number/Email Address Y-d3-)o161 (Adjacent Property Owner Information) Signature* Print or Type Name Mailing Address City/State/Zip Telephone Number/Email Address Date Date* *Valid for one calendar year after signature* Revised Jan.2017 1 •.'p1J v V Am 4T .JII /✓ /o Y X USPSocom® - USP .. Q kttps.o//tooisousps.com LISPS Tracking° FAQs > Track Another Package + Tracking Number: 70190160000115331073 Expected Delivery on TUESDAY 28 MAY 2019 rQ' OV Delivered by 8:00pm O Mav 28. 2019 at 1:13 qm Remove X Am iT 111. 9-1 /O = X a USPSocom® — USP000 Q nttps-.,/, tools,uspsocom 0 � a- ", LISPS Tracking® FAQs > Track Another Package + r33131 Service TIFIED MAIL° RECEIPT ic Mail Only ery information, visit our website-: S0SX0m ". m My 4 >' vr, •per -�. rr1 Certified Mail Fee f 3.50 V Ln 1 r Extra Services & Fees (check box, addW: ( te) a❑ ❑ Return Receipt (hardcopy) $ Return Receipt (electronic) $ / / Postmark io ❑ Certified Mail Restricted Delivery $ T ` 7 1i//J��,•,,�/�J� r3 ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ p Postage $0 a 55 -a s /201 O F� Total Postage and F�s.O$ s4 P S a rq Sent To ) �r ✓in sco'`Y o l I Ve r' (�l y PW"rxfVo: O S----iii Pt. Nd., or 13 SuSSeX.....R:OO`..- ------ City-$tate,Z/P+4a L� LPS stile s 7 /' �J 300� '1 (T/r o� (Waterbody) a ASTAL MANAGEMENT :RTY OWNER NOTIFICATION FORM 3T REQUESTED or HAND DELIVERED djacent to nrY Lo✓ln5 � S"? Oliver 's (Name of Property Owner) ►ddress, Lot, Block, Road, etc.) in Eli24�eA N.C. (City/Town and/or County) Agent's Name #: f l'A S , Mailing Address: 40 Agent's phone #: aS)46 y - 3 `jo 1 gur4e :3Cb Ell zAe4i C;/, ,/U�. a 790l He/She has described to me as shown below the development he/she is proposing at that location, and I have no objections to the proposal. --------------------------------------------------------------------------------------------------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT 40-114014 ham' C Qf.S'( Gtic�� l r � rr/ SAP ca, r,r, ' c r� tinep e fe fo '� �''9KJ I T i r�r r 5 ire N S &Y If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264- 3901. No response is considered the same as no objection if you have been notified by Certified Mail. (Property Owner Information) ou- Signal f'c� 1Csep�, Print or Type Name 6)) ,(Ve k6,j Mailing Addres F (; z�.6� 01, P/C d 7W City/State/Zip S)-- 3 33- G Sd Telephone Number / Email Address 5-a3 aoi r (Adjacent Property Owner Information) Signature* Print or Type Name Mailing Address City/State/Zip Telephone Number/Email Address Date Date* *Valid for one calendar year after signature* Revised Jan.2017 BOOK 1334 PAGE 658 (9) 450882 (4� 111111111111111 JOYCE W. PRITCHARD, Pasquotank County, NC DEED OF TRUST This instrument prepared by and return to: AgCarolina Farm Credit, ACA Samuel E Jennings Jr P. O. Box 1488 Elizabeth City NC , 27905-1488 Loan Number 003 002 354B29-01 STATE OF NORTH CAROLINA COUNTY OF Pasquotank Retum to: Trimpi & Nash, LLP 200 N water St, Ste 2A Elizabeth City, NC 27909 THIS INDENTURE, made May 01, 2019 between WILLIAM JOSEPH MERCER and their spouse JENNIFER L MERCER (hereinafter called Undersigned, whether Borrower or or others and whether one or more, and whether collectively or singularly); Arthur R. Spruill III Trustee (hereinafter called Trustee). and AgCarolina Farm Credit, ACA as agent/nominee a corporation organized and existing under the laws of the United States of America, (hereinafter called Lender); and WITNESSETH, that in consideration of a loan or advances made by Lender to WILLIAM JOSEPH MERCER and JENNIFER L MERCER (hereinafter called Borrower, whether one or more), and the sum of One Dollar ($1.04) paid to Undersigned at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and for the purpose of securing the payment of the loan to Borrower by Lender, Undersigned hereby grants, bargains, sells and conveys unto the Trustee, as herein named, its successors and assigns, the following described land: (SET FORTH HEREINBELOW AND/OR ON SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF) TO HAVE AND TO HOLD the said land with all and singular the rights, members and appurtenances thereunto belonging or anywise appertaining, to the only proper use and benefit of the Trustee, as herein named, his/her successors and assigns, forever, in fee simple. Undersigned acknowledges that Lender would be unwilling to extend or continue to extend the loans or advances secured hereby without the pledge provided hereby. (hereinafter called Borrower, whether one or more), in the principal sum of one Million Five Thousand Dollars And No Cents Dollars ($1, 005, 000.00 ) as evidenced by the notes described below: 1 Original Principal (Face Amount) 2 Amount of Present Obligations Secured (Principal Outstanding) 3 Total Amount Committed to be Advanced (Includes Column 2) 4 Date of Note 5 When Due 875 000.00 875 000.00 875 000.00 05 01 2019 01 01 2034 130 000.00 130 000.00 130 000.00 05/01/2019 01/01/2034 same being made a part hereof to the same extent as if each were set forth herein, and all renewals, reamortizations, extensions, refinances, modifications or other rearrangements thereof, together with interest thereon as provided therein; (3) all additional loans and future advances that may subsequently be made to Borrower (or to any one or more of the parties designated as Undersigned or Borrower) by Lender, which may be evidenced by a note or notes, and all renewals, reamortizations, extensions, refinances, modifications or other rearrangements thereof, plus interest thereon, and when any payment is made on any indebtedness secured hereby, as described herein, fresh advances may be made, from time to time, so as to make this contract continuous in nature; such advances, if any, to be made solely at the option of the Lender; and (4) all other indebtedness of Borrower to Lender, now due or to became due (whether directly or indirectly) or hereafter to be contracted, and all renewals, reamortizations, extensions, refinances, modifications or other rearrangements thereof, plus interest thereon, attorneys' fees, court or foreclosure costs, including Trustee's commissions, and any advances and interest thereon, which advances are made for the protection of the security or title thereto, such as, but not limited to, advances for taxes and insurance premiums, all of which are secured by this deed of trust. For purposes hereof "Present Obligations" of Borrower shall mean the principal amounts currently outstanding, which may include amounts committed to be advanced, under the note(s) listed hereinabove. It is further understood and agreed by all panties hereto that the execution by Borrower and the acceptance by Lender of any notes, renewal notes or other instruments, or the agreement by Lender to any reamortizations, extensions, renewals, refinances, modifications, or other rearrangements shall not be construed as payment of any indebtedness hereby secured (whether or not, among other changes in terms, the interest rate or rates remain the same and/or time for payment is thereby extended or lessened), and shall not discharge the lien of this deed of trust which is to remain in full force and effect until the total indebtedness secured hereby has been paid in full. All notes or other instruments contemplated in this paragraph shall remain uncanceled and in the possession of Lender, its successors and assigns until the total indebtedness hereby secured is paid in full. Provided, however, the lien of this deed of trust shall not be terminated or otherwise affected during the period of this instrument from the date hereof by repayment in full, one or more times, of all indebtedness then outstanding, unless this instrument shall be formally released or discharged of record. If at any time during the period of said instrument from the date hereof, there be no indebtedness outstanding of Borrower to Lender, and no obligation of Lender to make any further advances to Borrower, Lender will, upon the written request of Borrower or Undersigned, execute and deliver to Undersigned a reconveyance or satisfaction of this instrument. ANU rU 1 URc muVMIVIico MIYLJ VuLwn I vvi nvi I BY THIS DEED OF TRUST AT ANY ONE TIME SHALL NOT EXCEED Two Million and 00/100 DOLLARS ($ 2,000,000.00 ); 3) All future optional advances or obligations must be made within thirty years from date of this deed of trust irrespective of the duration of this deed of trust and/or the duration of any indebtedness secured hereby; 4) Lender expressly reserves, and Undersigned expressly consents to, the right to allocate and apply any payment received hereunder against the evidences of indebtedness secured hereby in such order, proportions and amounts as it, in its sole discretion, determines to be proper; 5) Lender may, at its option, determine and declare any or all present and future advances or obligations secured by this deed of trust to be in default and immediately due and payable upon the default in payment of one or more of the obligations secured hereby, or the default of any other term or condition of this deed of trust; 6) "Future advances" or "obligations" as used in this paragraph are defined as further and additional principal sums loaned, and interest thereon, to one or more of the Borrowers and which are secured by this deed of trust, including, without limitation, payments made by Lender for fire and extended coverage insurance, flood insurance, taxes, environmental issues, assessments or other necessary expenditures for the preservation or maintenance of the land or the title thereto, which shall be secured hereby and shall have the same priority as if such payments were made by Lender on the date hereof. Provided, however, no advances made by Lender for the preservation or maintenance of the land or the title thereof, nor any accrued interest on such advances, shall be considered in computing the maximum principal amount which may be secured hereby; 7) The total indebtedness secured by this deed of trust may be evidenced by various notes and/or other written instruments and evidences of indebtedness; and one or more or all such notes and/or the written instruments and evidences of indebtedness may, from time to time, be combined and merged into a single note or other evidence of indebtedness_ Such combination and merger shall not constitute nor be construed as a payment, satisfaction or discharge of any prior advance made or prior obligation incurred. This deed of trust also secures all other advances made to and obligations accepted from Borrower, under the terms of said note(s) and any subsequent note(s) or evidence of indebtedness secured hereby, and all amounts included in reamortizations, renewals, extensions, refinances, modifications, deferments and other rearrangements of any such indebtedness hereby secured. Whether or not the indebtedness secured hereby ever exceeds the maximum above stated, Lender shall have the sole discretion to determine the priority or order in which the various debts covered hereby shall be secured hereunder within said maximum. For consideration as aforesaid, Borrower/Undersigned covenants as follows: 1. Undersigned is lawfully seized of said land in fee simple and has a perfect right to convey same. The said land is unencumbered and free from all claims and charges. Undersigned, for himself, his heirs, executors, administrators, successors, and assigns, warrants and will forever defend the right and title of said land unto the Trustee, his successors and assigns, against the claims of all persons whomsoever. In the event of default, if the Lender employs counsel to collect the debt evidenced by any note secured hereby, or to enforce or protect any rights provided for herein, in any court or before any administrative body whatsoever, then in addition to any principal, interest, and other charges as provided for in any note secured hereby, Lender shall also recover all costs and expenses of collection, including but not limited to reasonable attorneys' fees, which costs, expenses and attorneys' fees shall become part of the indebtedness secured hereunder, shall be immediately payable, and shall draw interest from the date Lender retains counsel until paid at the highest rate provided in any note or notes secured hereby. 2. Whether or not Borrower is in default, in the event the Lender becomes a party to any legal proceeding involving the security described herein, other than an action to collect any indebtedness evidenced by any note or notes secured hereby, and including any bankruptcy case involving Borrower or Undersigned, then Lender may also recover all costs and expenses, including but not limited to reasonable attomeys' fees, which costs, expenses and attorneys' fees when incurred by Lender shall become part of the indebtedness secured hereby and shall be immediately payable on demand, and shall draw interest from the date incurred until paid at the highest rate provided for in any note secured hereby. 3. Undersigned will insure, and keep insured, as required by Lender from time to time, all buildings now and hereafter on said land against such risks, in such form, in at least such amounts, and with such company or companies, as shall be satisfactory to Lender, the loss, if any, to be payable to Lender as its interest may appear, and will deliver to Lender a policy or policies of insurance with mortgagee clause satisfactory to Lender attached thereto, and will promptly pay, when due, all premiums for such insurance. In addition to other insurance coverages, if the property is located in a government mandated flood area where participation in a Federal Flood Insurance Program is required, Undersigned agrees that upon receipt of notification from Lender and within the time period established by Lender, Undersigned will obtain and maintain flood insurance in such amount as Lender requires on all buildings, improvements, fixtures and any mobile home(s), now existing or hereafter erected, placed or maintained on or in the land described in this deed of trust, together with all other personal property securing Undersigned's obligations to Lender and maintained on or in such buildings, improvements or mobile home(s), until the loans, future advances and all other indebtedness secured by such property and this deed of trust is fully paid. payaDie on aemana or as otherwise pruviueu rui ill tilt: Ni ur i aaaul y i iumkol oca.w cv 1 ici cuy — � uo the option of Lender, insurance funds may be used for reconstruction or repair of the destroyed or damaged insured buildings and insurance funds not so used shall be applied on such part of the indebtedness secured hereby as Lender, in its sole discretion, may determine. 4. Undersigned will pay, when due and payable, all taxes, assessments and other charges that may be levied or assessed against said land, and all other amounts that may be or become a lien thereon. In the event Undersigned fails to pay, when due and payable, any such tax, assessment, charge or any other item which may or has become a lien on said land, Lender may, at its discretion, pay the same without notice to or consent from Undersigned but Lender shall be under no obligation to do so and the same will, at the option of Lender, be due and payable on demand of Lender or shall be deemed indebtedness secured hereby. Further, if required as a condition of any loan secured hereunder, Undersigned shall pay to Lender on the day installments are due, until the note is paid in full or any escrow requirement is otherwise waived in writing by Lender, a sum to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this instrument as a lien or encumbrance on the property; and (b) premiums for any and all insurance required by Lender. Such amounts required hereunder shall be determined in accordance with the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500) ("RESPA"). Upon payment in full of all sums secured by this instrument, or if any such escrow requirement is no longer required as a condition of any loan secured hereunder, Lender shall promptly refund to Undersigned any funds held by Lender under this escrow requirement. 5. Undersigned will keep in good order and condition, preserve, repair, rebuild and restore all terraces, buildings, groves, orchards, fences, fixtures, shrubbery and other improvements, of every kind and nature, now on said land and hereafter erected or placed thereon, and will not permit the change, injury or removal thereof, will not commit or permit waste on said land, and will not, except with the written consent of Lender, cut, use or remove, or permit the cutting, use or removal of, any timber or trees on said land for sawmill, turpentine or other uses or purposes, except for firewood and other ordinary farm purposes. 6. Undersigned covenants that he will not perform any act which might impair or tend to impair the continuation on the land herein described of all crop allotments and acreage allotments now established or hereafter established on any of the land herein described and hereby grants a lien on said allotments to Lender. 7. Undersigned covenants, warrants and represents that there are no oral or written leases affecting the within described land at the date of this instrument other than those set forth in written application for this loan or in any written amendment thereto and that Undersigned will not enter into any leases affecting the within described land or improvements thereon without the prior approval of Lender thereof. B. That Undersigned hereby represents and warrants to Lender that there are no materials (hereinafter collectively called "Special Materials") presently located on or near the premises which, under Federal, state, or local law, statute, ordinance, regulation or standard or administrative or court order or decree or private agreement (hereinafter collectively called "Environmental Requirements"), requiring special handling in use, generation, collection, storage, treatment or disposal, or payment of costs associated with responding to the lawful directives of any court or agency of competent jurisdiction or for similar economic loss. Such Special Materials include those that violate any national or local contingency plan or the release or threatened release of which may violate or create liability under the Environmental Requirements, Such Special Materials also include (a) asbestos in any form, (b) urea formaldehyde foam insulation, (c) paint containing lead or (d) transformers or other equipment which contain dielectric fluid containing polychlorinated biphenyls (commonly referred to as "PCBs"). Undersigned further represents and warrants to Lender that the premises are not now being used nor have they ever been used in the past for the activities including the use, generation, collection, storage, treatment or disposal of any Special Materials, and in particular, without limiting the generality of the foregoing, the premises are not now being used nor have they ever been used in the past for a landfill, surface impoundment or other area for the treatment, storage or disposal of solid waste (including solid waste such as sludge). Undersigned will not place or permit to be placed any such Special Materials on or near the premises. Nothing herein shall be deemed to prohibit or restrict the use, collection, storage, treatment or disposal in a manner consistent with applicable Environmental Requirements, of insecticides, herbicides, or other pesticides, fertilizers or petroleum products (including gasoline, motor fuel, crankcase oil, heating oil) as part of the agricultural operations now or hereafter conducted by the Undersigned on the premises in a good and husbandlike manner. Undersigned further represents and warrants to Lender that there are no wells or septic tanks or other underground tanks (whether currently in use or abandoned -in -place) on the premises serving any other property and that there are no wells or septic tanks on other property serving the premises. If at any time it is determined that there are Special Materials located on the premises which under any Environmental Requirement require special handling in use, generation, collection, storage, treatment or disposal, Undersigned shall, within 30 days after having obtained actual knowledge thereof, take or cause to be taken, at Undersigned's sole expense, such actions as may be necessary to comply with all Environmental Requirements. If Undersigned shall fail to take such action, Lender may make advances or payments towards performance or satisfaction of the same but shall be under no obligation so to do; and all sums so advanced or paid, including all sums advanced or paid in connection with any judicial or administrative investigation or proceeding relating thereto, including, without limitation to the extent permitted by applicable law, reasonable attorneys' fees, fines or other penalty payments, shall be at once repayable by Undersigned and all sums so advanced or paid shall become a ., # -f fs— inr44 Ktorll,mcc zariii-pil hPrahv Failure of Undersigned to comply with all Environmental Requirements INULUUINU OU I MJ I LIMI I CU I V, 1 nLC rr%I lJl"r Vr I I IL- 1w ".. — �. .... FORECLOSURE OF THIS INSTRUMENT, OR THE ACCEPTANCE BY THE LENDER OFA DEED IN LIEU OF FORECLOSURE. 9. Borrower (or any of them to the extent of their respective obligations) will pay, when due and payable, all amounts secured hereby. Time is of the essence of the said note(s) and any subsequent note(s) secured hereby, and of this instrument. If Undersigned or Borrower fails to comply with any covenant, condition or agreement in this instrument or any notes or other evidence of indebtedness, or in any reamortizations, renewals, deferments, extensions or any other written agreement between the Borrower and the Lender, Lender may, at its option, exercise any one or more of the following rights, powers, privileges, and remedies: a) Perform the covenants in this instrument, and in any notes or other evidence of indebtedness hereby secured and all amounts advanced by Lender in so doing shall be due and payable by Borrower to Lender immediately without notice, and shall be secured by this instrument, and may, at the sole discretion of Lender, bear interest from the date of advance by Lender at the highest rate provided in any note or other instrument secured hereby. b) Declare any or all amounts and/or obligations secured by this instrument immediately due and payable without notice. c) Have this deed of trust forthwith foreclosed for the whole amount of said sum, interest and costs, and on the application of Lender, its successors or assigns, it shall be lawful for and the duty of Trustee or his duly authorized agent, with notice of hearing and sale as provided by Chapter 45 of the General Statutes of North Carolina at the time of said declaration of the full debt being immediately due and payable, at such time and place as provided in the notice of sale, to expose said lands at public sale to the highest bidder for cash and to convey said lands to the purchaser at said sale. At such sale Lender shall have the right to bid and become the purchaser of the property sold. The successful bidder shall matte a deposit of ten percent (10%) of the successful bid at the time of sale; provided, the Trustee may waive this requirement. 10. Trustee shall apply the proceeds of any sale made under authority granted herein against the following: a) All costs of said sale, including the charges for advertising and a reasonable commission not to exceed five percent (5%) of the amount for which the property is sold, as compensation for the services of the Trustee; b) All taxes, claims, charges, liens, assessments, judgments and costs of maintenance and repair advanced by Lender under the terms of this instrument, with interest thereon as herein set out; c) All taxes on, or which are liens against, and all claims and charges against the property, outstanding, unpaid and payable, if sale is not made subject thereto; d) The principal and interest of the original indebtedness and all subsequent indebtedness hereby secured; e) The remainder, if any, of the proceeds of sale shall be paid to Undersigned, or as otherwise provided by law. If the proceeds of any such sale shall not be sufficient to pay the total indebtedness hereby secured, with all Trustee's commissions, expenses, costs, taxes, charges, claims, assessments, liens, judgments, repairs and maintenance, as herein set out, Borrower shall be liable to Lender for the balance due after the application of the proceeds of the sale as herein provided, and may be sued for such balance in any court having jurisdiction. 11. If Trustee is named as a party to any civil action as Trustee in this deed of trust, the Trustee shall be entitled to employ an attomey-at-law, including Trustee, if a licensed attorney, to represent Trustee in said action and reasonable attorneys' fees shall be paid by Lender and added to the principal of the note or notes secured hereby and bear interest at the highest current rate provided in any note. 12. If Borrower shall pay all installments of principal and interest as set forth in the said note and in any subsequent note or notes and/or other payment evidence of indebtedness secured hereby and in this deed of trust and shall comply with all of the terms, covenants and conditions hereof, then this deed of trust shall become null and void. 13. The term "land" as used in this instrument includes all trees, timber, shrubbery, fixtures, and improvements now and hereafter on the land described in this instrument. Any agent or representative of Lender may enter upon said land at any time for any purpose desired by Lender. 14. Accounting procedures employed by Lender are for its internal record keeping and shall not be interpretive of the legal rights and duties of the parties. 15. As a condition hereof and as part of the consideration for the Present Obligations and any future advances secured hereby, all amounts that may hereafter be awarded for condemnation of and tortious injury to any of the land herein described are hereby assigned and shall be payable unto Lender for application, after payment therefrom of attorneys' fees and expenses incurred in connection therewith, on such part of the total indebtedness secured hereby as Lender may determine, with no duty on Lender to collect same. 16. As a condition hereof and as part of the consideration for the Present Obligations and any future advances secured hereby, all rents, royalties, profits, and any other income accruing from the land andlor improvements herein described upon and during default under this instrument or the said note are hereby assigned and shall be payable unto Lender for application upon such part of the total indebtedness secured by this instrument as Lender may determine, with the right in, but no duty upon, Lender to collect same. Lender shall have the right, exercisable at its discretion so long as this deed of trust is in force and effect, to demand in writing the assignment of and transfer to Lender, its successors and assigns, and Undersigned hereby agrees to so assign and transfer, any and all rents, profits, royalties, income or other consideration to be paid or accruing to E.,..., -0 t�ni minami timhPr IP.ASP.holri or other interest of anv kind and nature Dy ine IWbtee, UI UUICf WIJC VI LIM ICIIU IICicnI VGOIiIIU6U, w ai.v•r oo Uvww�, v. .>....+.., .. ... ,...„y,.,, ...,.. ,,. ,,. ,,. said land; the Borrower agrees to pay the full amount of the total indebtedness secured at any time by this deed of trust, and the full amount of any deficiency therein that may be established by the foreclosure sale of the land herein described, without defense or set-off on account of the alleged fair worth of said land. 18. If the Trustee or his successor(s) shall die, resign, become mentally or physically incompetent or otherwise disqualified, refuse to act, or if a new Trustee is desired by Lender or its successor(s) or assigns, Lender, or its successor(s) or assigns, shall have the right, by paper writing duly executed and registered, to name and appoint another Trustee in the place and stead of the Trustee herein named and appointed, which new Trustee shall have all the duties, rights, powers and privileges of the original Trustee, and the expense of such paper writing and registration shall be paid by Borrower immediately upon demand, and if not so paid, same may be advanced by Lender, its successor(s) or assigns, and shall become a part of the indebtedness secured hereby and may bear interest at the highest rate provided in any note or other instrument secured hereby. 19. As a condition hereof and as part of the consideration for the Present Obligations and any future advances secured hereby, all obligations, assignments, releases of real property and/or personal liability, reamortizations, renewals, deferments, extensions or any other agreement, in writing, made or entered into with Lender by any one or more of the Borrowers, by any party or parties obligated (primarily or otherwise) to pay any or all of the indebtedness secured hereby, or by any party or parties who have given security of any kind for any or all of the indebtedness secured hereby are hereby authorized and consented to by Borrower and Undersigned and shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the Borrower and Undersigned. 20. As a condition hereof and as part of the consideration for the Present Obligations and any future advances secured hereby, if conveyance, transfer, or other disposition should be made, voluntarily or involuntarily, of the property herein described, or any part thereof, without the written consent of the Lender, then and in that event, and at the option of the Lender and without notice to the Borrower or Undersigned, all sums of money secured hereby shall immediately and concurrently with such conveyance become due and payable and in default whether the same are so due and payable and in default by the specific terms hereof or not. 21. A default under this instrument or under any other instrument heretofore or hereafter executed by Undersigned or Borrower (or any one or more of them) to Lender or for the benefit of Lender, shall at the option of Lender constitute a default under any one or more or all instruments executed by Undersigned or Borrower (or any one or more of them) to Lender, or for Lenders benefit. 22. An event of default under this instrument will occur if any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce or to make possible the production of an agricultural commodity, as provided by 7 CFR Part 12. Upon default, the entire indebtedness secured hereby shall, at the option of the Lender, become immediately due and payable with interest thereon at the billing rate then in effect without notice, and this instrument may be foreclosed accordingly. 23. All rights, powers, privileges, options and remedies conferred upon and given to Lender are cumulative of all other remedies and rights allowed by law, and may be pursued concurrently, and shall extend to and may be exercised and enjoyed by the successors and assigns of Lender, and by any agent, officer, attorney or representative of Lender, its successors or assigns. All obligations and undertakings of and assignments by Undersigned or Borrower and/or any other parties hereto or hereunder shall extend to and be binding upon heirs, executors, administrators, successors and assigns of Undersigned and/or Borrower, and/or any other parties. IN TESTIMONY WHEREOF, the Undersigned has duly executed the foregoing instrument, the day and year first above written. Signed, Sealed and Delivered in the presence of: Undersigned: w( 11,.,,-_ (SEAL) WILLIAW JOSEPH MERCER (SEAL) *IFEUJftE�RCER (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) WITNESS: l WITNESS: auLnorizeu 10 LaKe d(ArIOWleagefTie[ ILb Ur ueeU5, ow. in rVufui l.drUlrrrd, UU rrereUy UdWly UrdL otenniic3r a, Mercer personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this 1st day of May 2019 (Official Seal) My commission expires: 5/14/2023 Signature of Officer Notary Public Title of Officer STATE OF NORTH CAROLINA ) COUNTY OF Pasquotank ) ACKNOWLEDGEMENT BY INDIVIDUAL I, CArla H. Porter , being duly authorized to take acknowledgements of deeds, etc. in North Carolina, do hereby certify that William Joseph Mercer personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this 1 s tday of May 2019. (Official Seal) My commission expires: January 7. 2024 CARLA H. PORTER Notary Public North Carolina r Camden County STAI E VF NCRTIR COUNTY OF ) lb,_k. ;,W.cl Signature of Officer Notary Public Title of Officer ACKNOWLEDGEMENT BY CORPORATION , certify that personally came before me this day and acknowledged that he/she is a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its sealed with its corporate seal, and attested by him(her) self as its WITNESS my hand and official seal this day of (Official Seal) My commission expires: Signature of Officer Title of Officer STATE OF NORTH CAROLINA COUNTY OF ) ACKNOWLEDGEMENT BY LIMITED LIABILITY COMPANY I certify that personally came before me this day and acknowledged that he/she is a limited liability company, and that by authority duly given and as the act of the company, the foregoing instrument was signed in its name by its sealed with its company seal, and attested by him(her) !self as its WITNESS my hand and official seal this day of (Official Seal) My commission expires: Signature of Officer Title of Officer SCHEDULE "A" All that those certain lots or parcels of land situated in Nixonton Township, Pasquotank County, North Carolina and more particularly described as follows: BEGINNING at an iron pin situated in the intersection of the northern margin of the 60' right-of-way of State Road No. 1131, the northern terminus of State Road No. 1128 and the northern margin of the right-of- way of State Road No. l 131; running thence from said BEGINNING POINT and continuing along the northern margin of State Road No. 1131 North 310 04' 56" West 48.0 feet to a point situated in the northern margin of the right-of-way of State Road No. 1131 and in the center line of a ditch and marking the southeast corner of the property now or formerly owned by John Trueblood; running thence from said point in a general northeasterly direction along the center line of said ditch and along the east line of the Trueblood property North 00' 58' 24" East 520.11 feet to a point situated in an east line of property now or formerly owned by H.D. Spencer; running thence from said point and continuing along the center line of said ditch and an east line of the Spencer property North 00" 37' 34" East 575.20 feet to an iron pin situated in the southern margin of a road to the U.S. Coast Guard Air Station (U.S.C.G.A.S.); running thence from said iron pin and continuing along the southern margin of the road to U.S.C.G.A.S. North 580 14' 31" East 691.51 feet to a concrete monument situated in a southeast corner of property now or formerly owned by U.S.C.G.A.S.; running thence from said concrete monument in a general northeasterly direction along the east line of the U.S.C.G.A.S. property North 101 45'07" East 1201.90 feet to an iron pin; running thence from said iron pin North 80° 32' 38" East 115.44 feet to a point marking the mean high water mark of the Pasquotank River; running thence from said point the following courses and distances along the mean high water mark of the Pasquotank River South 650 34' 5 1 " East 230.47 feet; South 700 03' 24" East 191.53 feet; South 69' 27' S2" East 284.41 feet; South 60' 55' 30" East 194.12 feet; North 741 22'27" East 106.22 feet; and South 61 ° 5 F 07" East 140.70 feet to a point situated in the western edge of a canal; running thence from said point the following courses and distances along the western edge of said canal South 02' 34' 56" East 104.91 feet to a point; South 04' 57' 34" West 241.84 feet to a point; South 61 ° 45' 59" East 126.10 feet to a point; South 36' 45' 59" East 230.77 feet to a point; running thence from said point and continuing along the southern edge of said canal and a south line of property now or formerly designated as Brickhouse Point, Sect. I South 55' 20' S9" East 1004.83 feet to a point; running thence from said point and continuing along a south line of property now or formerly designated as Brickhouse Point, Sect. i South 610 29' S9" East 671.0 feet to point; running thence from said point and continuing along the south line of property now or formerly designated as Brickhouse Point, Sect. 1 South 570 13'59" East 10.5 feet to an iron pin marking the northwest corner of property now or formerly owned by Marion Smith Grace (incorrectly identified as "Grace Smith Property" on the plat hereinafter referenced) running thence from said iron pin in general southwesterly direction along the west line of the Grace property and along the center line of a ditch South 37158' 13" West 2097.76 feet to an iron pin; running thence from said iron pin North 50° 45'"" West 68.95 feet to a point; running thence from said point in a general southwesterly direction South 39' 44' 58" West 146.5 feet to an iron pin situated in the northern margin of the 60' right- of-way of State Road No. 1131; running thence from said 'iron pin the following courses and distances along the northern margin of State Road No. 1131 to the POINT AND PLACE OF BEGINNING: North 50° 15' 02" West 458.91 feet to a point; North 54' 0 F 18" West 144.77 feet to a point; North 62° 24' 37" West 143.42 feet to a point; North 70' 55' 03" West 148.85 feet to a point; North 74° 36' 36" West 1422.97 feet to a point; and North 691 04'56" West 84.76 feet to the POINT AND PLACE OF BEGINNING, containing 166.95 acres, and consisting of Tax Map Numbers: P145-19; P145-20; P145-20A; P145-2413; P 145-21 A; P 145-21; P145-22; P 145-24; P 145-19A, Pasquotank County Registry. PORTIONS OF THE TRACT OF LAND HEREIN CONVEYED ARE SUBJECT TO THAT CERTAIN GENERAL WARRANTY DEED OF EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA, BEING RECORDED IN DEED BOOK 600, PAGE 662 OF THE PASQUOTANK COUNTY PUBLIC REGISTRY. For a more particular description of the lands herein conveyed, reference is made to that certain map or plat entitled in part, "Kenneth A. & Affie A. Bateman, Pasquotank County, North Carolina, Nixonton Township", dated March 3, 1997 and prepared by S. Elmo Williams, Registered Land Surveyor, recorded in Map Book 22, Page 13, Pasquotank County Public Registry. LESS AND EXCEPT, that parcel conveyed to Robin W. Ward by deed recorded in Deed Book 624, Page 903 of the Pasquotank Registry and being more particularly described as follows: BEGINNING at a point marked by an iron pipe situate in a ditch which divides the property herein conveyed from the property of John Trueblood, said point being further situate on the northern side of State Road 1131, and from said point of beginning thence North 00 ° 58' 24" East 288.36 feet along said ditch to a point marked by an iron pipe; thence South 83' 58' 09" East 132.22 feet to a point marked by an iron pipe; thence South 10' 50' 27" West 343.19 feet to a point marked by an iron pipe situate on the North side of State Road 1131; thence, following the various courses of State Road 1131 North 65° 13' 14" West 52.0 feet to a point marked by an iron pipe; thence, continuing along said road, North 31 ° 04' 56" West 47.7 feet to the point and place of beginning. This is the same property that is depicted on that certain plat entitled "Kenneth Bateman, a..ni...w�.... �. i•...._�. 1T...aL /..-..1:�- 11:.....a-_ T-_.��L:_ A_�_L _� i'1 •!/�IT._. f. rl _ s'Yl•. ..• n 41!k M.M I z Ul\lr 1, JL �� � ��/:\\/// Vlk Pasquotank County NC August 7, 2019 1:2,257 0 0.02 0.04 0.09 mi 0.04 0.07 0.14 km Source. Esn, DigitalGlobe, GeoEye, Earthstar Geographics. CNES/ Airbus DS. USDA, USGS, AeroGRID, IGN, and the GIS User Community Untitled Map Write a description for your map. r - t - - Al '1 T 77- , M 41,6--AL Legend