Loading...
HomeMy WebLinkAboutHB_09-031_Dorsett/McDowell118/2009 07:39 3145872515 RIG< COWMAN PAGE 03 fit f A, is xtI V Government 1'03 LAMA Permit le MINOR DEVELOPMENT e. PERMIT au ifilari�lsd by the State of North Carolina, Department of Environment; d imaturalAesdurces and the coastal Itesources commission for development .11 OftVirvinmant r6nrerM purguant to Section 1:L2A 9 of tho inelf8l StAlbutes,:-Coai Area Management" R Dorsett and Steve McDowell, authorizing development in the Ocean Hazard (Ocean Ef6d1o) Area, 't, issued on" ,rl (AEG) at 1156 Ocean Blvd. West, in Holden Beach, Brunswick County. pe .,4 ;SeofOnn.� r2lf; 2000, is subilOctt6compliance with the application and site drawing and the cofidit hq;" and 111 Wppli4abld'regUlations and special conditions and notes set forth below. Any �Iolifioh. ftei °terl ll; lrr`f ay ittee to a fine, imprisonment or civil action, or may cause the permit to be nulland.;V014 Al �!thgoertilt alilthorites: The construction of 621 square feet of ground level ilitficoialse0d . dkirig (d , round level is based on the existing ground as of I he this Tbr0und,pdol, and install 0 barrior and ect. in accordance with Appendikb raF 1166 �W : 0 4�06ildd`.Miil Building Code Regarding Swimming pools, spas and hot tabs X i �Il proposed davelQpment and associated construction must be done I.- ftnitted _pIrk,Iiiiat drawings dated 08/19109 and signed and sealed by Jana K. Dais. 142) ;1� All c0struction must conform to the N.C. Building Code requirements and all other ld�Idl Sa n erg i6gul4tions, applicable local ordinances and FEMA Flood Regulations. My change or changes in the plans for development, construction, or land use Acl;14100: iffli. Qte a re, eV"Ihluitiori,and modification of this permit, k,ccio�y of this permit shell be posted or available on site. Contact this office at, 911-841- IOD fd fl.r lad f6pedtioh'ht completion of work. -:N qi$is k-ihit Mon Mby be appealed by the peffi%ee or other qualified persons From 0 date of an appeal yervi 20) dAys of the issuing clate. F or the 'fork'l&:lduct4.a under this permit must cease Until the appeal is resolved, 12E, R, UO ,ai, . on ihii project site and accessible to the pent office[ when the � .2 1. I I 4 ra Ifibipect6d for compliance. Any frisintonance work or project OMbdif ,prom16ition 'Allot further OCT 14 2009 Rhonda Zo c6bred. Under this permit, require written permit liewheh this permit apires, ow kprd4. AIjJ#rk ni�ist cei; C AL CA It- f OAC DECEMBER 6, 2009 DCM WILM)Nr-� Tr- Holden BBach,N'- J ri; IssIdiho thit'pairmij It Is agifeed that this project. is consistent with the local Land �.@ie 56n This be transferred to and'all applicable ordinances. permit may not Jiiotta� pony withbut the written approval of the Division of Coastal (Sionaturs required 9 a Ay tarortrifft � 09/18/2009 07:39 3145872515 RICK COWMAN .PAGE84 09/18/2009 07:39 3145872515 RICK COWMAN AEC HAZARD NOTICE FIsIn An: rojic ? : Ocean Er6diblia Area _L.�High Hazard Flood Area ; . — io o0orty., OWn r- !*qperIyA,ddresi Tlns'&ticiis intended to make you, the applicant, aware of the sprciilriskS atid,conditions associated with development in this lea; �VW6d is s4ioci to natural hazards such as storms, erosion 4W*61&Qni8. Th'16 rules of the. (',()a.gtnl Rosonmes r.nrnmissinti ,k :youreceive anAEC hazard Notice and acknowledge 'tka notice in meriting before a permit for development can be ark .1s4i's-tiles on building standards, oceanfront and dufte alterations are designed to minimize, but not property 1o' s from hazards. >3y granting permits, the tvsourd ' e's Commi"s : Sion does not guarantee the safety of op men�a4, assumes to liability for future damage to opmorit. Permits issued in the Ocean Hazard Area of a4tal Concern include the condition that structures be or dismantled if they become imminently threatened by in shoreline configuration, *The structure(s) must be 1,0t dismantled within two (2), years of becoming tly:threate ned, and in any case upon its collapse or PAGE 02 101611 HAzaed.Ar6a SPECIAL NOTE: This hazard notice is required fbi:1h in areas subject to sudden and massive sWinas and arok.0. issued for development in this ai is expire on beremb. third year 61.1ouring the year in -which the pexmit%s Shortly before, work begins on the ptoject sitej.-ihe Officer must be contacted to determine }lie vdgctajii setback distance at your site, If the property has.isceri ' i since the time of permit issuance, and the proposed!Y can still meet the setback requirement, the, UP will1i that you may begin work. Sugstaitial piogro .. m 6 . ri must be made within 60 days of this Setback Attt fti-it' the setback must be remeasured. Also; the bcc=en6 shoreline change as the result of a storm withiri the 66: will necessitate remeasurement of the setback ItI.s. that you check with the LPO before the permit q*piris: approval to continue the work after the petibit h, Generally, if foundation pilings have btenplade.d amid progress is continuing, permit renewal can be:.alul unlawful to continue work after permit expiratip All Theest ',b avai lable i le information, as accepted by the Coastal P or more ormation, eontact., -kb1So:iirces Commission indicates that the annual long-term overage q ocean erosion rate for the area where your property is located is feet per year. Local PE T.hzaiewas.estiblihedbanalysisfphotographs syoarefa) of rILL bfihcoastline taken over the past 50 years. Address 8! '6 es also indicate that the shoreline could move as much as fegt laiidwAid ina major st6m Locallt The f1bodwatB6.;in q.-major storm are predicted to be about ��fe& deep it this area. Phone N pi-eftred protection ction measures are beach nourishment .1. and r6location.6f threatened structures. Hard erosion control strucialres such as bulkheads, seawalls, tevetments, groins, jetties irad breakwaters. ate-probibited, Temporary sand bags may be authorized under certain conditions. The iffiieti.irtmust acknowledge this information and requirements bylsiguing this notice in the space below. Without the proper applicat'onwil] be co te. 'AiMirnnt-sip6attire RtP u ffm� c of the !ermit Ie and linage anent nyou an; or C .AND OWNER 1 i v Address ��(��� 2 jja 6 Phone State A[ — Zip � p , i City 'tom Name Address State __� Zip City Address street name and/or directions to LOCATION OF PROJECT,. ( D h �G adjacentwaterbody.) _Phone If not oceanfront, what is the name of the OF PROJECT' (List all proposed construction and land disturbance.) DESCRIPTION 6�7 ©o/ Coo o acres s'o� X I e a ' square feet SIZE OF LOT/PARCEL: —�" __ ) Commercial/Industrial Smgle-family—� Multi -family PROPOSED USE: Residential ( Other — OCEAN BAZARered decks) D �,' OF ENVIRON- ENCLOSED FLOORAREA OF BUDING IN THE TOTAL square feet (includes all floors and roof cov MENTAL CONCERN (AEC): ACES IN THE OT�i g IlVIPERVIOUS OR BUILT -UPON SURF C): square feet SIZE OF BUILDING FOOTPRINT AND ONMENTAL CONCERN ( concrete or masonry patios, AREAOFENNgR driveways, covered ecks, COASTAL SHORELINE line of all buildings, (Calculations includes the area of the-C- Attach our calculations with the project drawing •) etc., that are within the applicable AEC• Attach y Les to your property: e Shoreline AEC ad scent to Choose the AEC area that app h VJater/Norm� Water Level for the Estuarine (1) within 75 feet of Normal Hig Water Level for the Estuarine Shoreline AEC, j 11P9 (2) witbin 575 feet of Normal High Water/Normal Outstanding Resource Waters Water Level for the Public Trust Shoreline AEC h Water/ Normal to your property } E C E I V E U (3) within 30 feet of Normal High you are not slue which AEC appliesnn 1 (Contact your Local Permit Officer if y 8 . AGEMENT PERMIT. Is the project located in an area su ctEP 2 44 0O9 STATESTORMwATERMAN Quality? Management Permit issued by the NC Division of Water Q ti YES NO__ — If yes, list the total built upon agnate feet. i area/unpervious surface allowed for your of or parcel: PHER PERMITS MAY BE Rr, Q=1 D: The activity you are planning may require permits other than the CAMA minor develop- int permit. As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list th your LPO to determine if any of these apply to your project. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste atment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, nd Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, highway Connection, and others. PATEMENT OF OWNERSHIP: the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a ason authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person -ted as landowner on this application has a significant interest in the real property described therein. This interest can be ;scribed as: (check one) p p (� �ST� Q ! 2 an owner or record title, Title is vested in ors rot &� -Osee Deed Book tge j I r% (, in the 13 " -S v c/� _ County Registry of Deeds. _an owner by virtue of inheritance. Applicant is an heir to the estate of -obate was in County. if other interest, such as written contractor lease, explain below or use a separate sheet & attach to this application. (OTIFICATION OF ADJACENT PROPERTY OWNERS: furthermore certify that the following persons are owners of properties adjoining ansd t aertPP apply for aC tAMA permit. grven LCTUAL NOTICE to each of them concerning my intent to develop this property (Address) C, 19D R ui (Name) rp �1% C Ztf3�8 .J N% N�4ko� n. o flpnN ivteS 1) 1.P, 2ta�els�n �e a fin. l—vcusf Groan Va 22So� 2) r 1-fetl� 1 U �T • tt��'� 2) �f(, Sect.V'=e.rt1 !t"niuQ — :4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: ( acknowledge that the land owner is aware that the proposed development is planned for an area which maybe susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. PERWSSION TO ENTER ON LAND: I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are om incorporated without refer nc developing any pm awn ABC without which mayt This issued. Deviation evil, these r minaltand administraails will tive actionte a ation of any permit. Any person This the �day of 0 cts 20._. Landowner or person authorized to act as his agent for pure ose of filing a CAMA permit application. 10 S 86'21'03" W HB 21 X-2195614.120 Y-57273.210 R/W R/W Dam MEw mow. i ATLANTIC OOEAN VICINITY MAP NTS I ��•�1ry LOT 8 �J E.IRON — e�d E.IRON N 8603'10 E X PROPOSED• FENCE x o WOOD DECK AREA / \ BAO' �/ 24150' S.00' PROPOSED POOL \W W000 DECK AREA / 50' n .44 OECK (CANTLE ED) o 9.31' Q 3 COVERED. OPEN W 0mLg /AC �w .S.F.H. M O Q o- /�U� ON PILINGS o m " o o x N0.1156� n `0 Ld �o rn a Iln z DEGK o 0 6.46' 34.00' O1 9.28' U Z Z U LOT U �j LOT 6 E.REB 40.26L- S 86'04'31" W �S B6'12'09" W OCEAN .VIEW BLVD. WEST 60' R/W EMS NOTES: PROPERTY IS IN A FLOOD HAZARD AREA FIRM INFORMATION COMMUNITY NO. 375352 MAP NO. 3720109500 J DATED 6/2/06 ZONE VE 16.0 ELEVATION NAVD 1988 SURVEYED BY USING MAP CAB. H, PAGE 365 AND EXISTING PHYSICAL CONDITIONS LOT AREA=4980.97 S0. FT. LOT RECORDED 50' X 100' TAX PRCEL 245FA03311 N GARO OQ�QopE.ssloAr�� 'Y.y * i L126D PLOT PLAN FOR P7 A Dlmm HOYT DORSETT OF LOT 6 TRACT 9 SCALE 1" _ TOWNSHIP LOCKWO( COUNTY BRUN' STATE - N.C. III �No sUP�/ COLONIAL BEACH MAP CAB. H. PAGE 365 TOWN HOLDEN P� '9N K.O MAP BOOK 6, PAGE 145 DATE I 8/19/0E JAN K. DALE N.C. REG_ NO_ L-1250 891 COPAS RD. - SHALLOTTE, N.C. 910-754-4477 FIELD BOOK 67 L S JAN K. DALE DRAWN BY JKD N.C. REG. NO. L-1250 I DWG. N0. 99/HE G�%iTl `fE�ra�PAPI'IrFCEfF ° ru Lr ;•,fDomesPid �i';;21 Oii)ytNo,�Yisuhancc SYTy Cb6e�ge PraVt�edJ, ...a... atlorl °:For dellveiy,IHfolydIr VIsll,o�Y We '?'al6'✓!�v Usp:Cohif Postage e •'�/ C3 Return Racelpt Fee (Endorsement i -�■ _M Restrtcled .: 1. `41 Adjacent Property Owns Mailing Address City, State, r Code r "1A6,6Jsh- eoHe'"}'«r.ns qr?�'�?F�an�Jet`s`2iorla'?ararcil&ris` Dear Adjacent Properly: Ale, 'r o o r" s e / " have applied for a CAMA Minor This letter Is to inform you that I, I Property Owner n (�Qe �5C• In Brunswick Permit on my propedy at 11 S 6 �property ddress County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form, if you have any questions or comments about my proposed project, please contact me at s q2 9'" 6" t.3 rf 4.. ror by mail at the address listed below. If you wish to AppiicanPs Telephone file written comments or objections with the Town of Holden Beach CAMA Minor Permit Program, you may submit them to: Rhonda Wooten Local Penult Officer for Town of Holden Beach 110 Rothschild Street Holden Beach, NC 26462 Sincerely, Pmperl Owner p� Mailing Address AP City, State, Zip Code Lender's address is 223 West Nash Street, Wilson, NC 27893 (D) "Trustee" is John C. Warren (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated as of the date hereof The Note states that Borrower owes Lender Six Hundred Five Thousand and No/100 Dollars (U.S. $ 605, 000. 00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later tits[[ February 1, 2035 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property (H) "Loan" means the debt evidenced by, the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider ❑ Condominium Rider ® Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider ❑ VA Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] (.D "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other thane transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any pan of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard DOC q:523822 APPL N:7000508818 LOAN t1:6612600676 In11191s: (M®6A(NC) (0207) Page 2 of 16 Form 3034 1/01 to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (u) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in the County of Brunswick [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] BEING all of Lot Six, TroLct 9, Colonial Beach, according to a survey plat for Beach Development Corporation, prepared by Jan K. Dale, R.L.S., recorded 13 September 1976, in Map Cabinet H at Page 365 of the Brunswick County Registry, to which reference is made and which is incorporated herein for greater certainty of description. Parcel ID Number: 245FA03311 which currently has the address of 1156 Ocean Blvd West [Street] Holden Beach [City], North Carolina 28462 [Zip Code] ("Property Address"): TO HAVE AND TO HOLD this property unto Trustee and 'Trustee's successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. DOC 11:523823 APPL #:7000508818 OAN #:6612600676 Inlllaln -6A(NC) t02071 Paga 3 of 15 �� Form 3034 1101 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is retumed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 the Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse suchpayment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on umapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security InsuumenC 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied rust to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a stun (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. DOC #:523024 APPL #:7000508818 j.QAN #:6612600676 Initlale•��\ ��(r/� (MDm6A(NC)(0207) Page 4e115 / o—?5o jU Form3034 1/01 Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fumish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated ander Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; DOC p:523825 APPL H:7000508818 _ _LOAN #:6612600676 nlllal ®6A(NC) to2o» Pages of 15 ,U �^p ( Form 3034 1/01 or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change daring the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender trader this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest DOC 0:523826 APPL q:7000508818 e_ „r.OAN q':6612600676 Inlllal�.7, //t✓"1 M-6A(NC) (0207) Page 6 of 16 7K5-,t'? voJnk Form 3034 1/01 or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether Or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds eitherto repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6.Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy ,the Property as Borrower's principal residence for at least One year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. g. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Nights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) _there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is DOC #:523827 APPL #:7000508818 LOAN #:6612600676 In111a1aa0—&--b (M•6A(NC) (0207) Pago 7 of 15 �t/-^ �'p� Form 3034 1/01 ® b reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any stuns secured by a lien which has priority over this Security Instrument: (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect' If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required' to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve, if permitted under Applicable Law, in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, if permitted under Applicable Law. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted under Applicable Law, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other parry (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or aught be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: DOC q:523828 APPL 0:7000508818 ,(� CAN p:6612600676 InItIa180 lY �, (M®6A(NC)(0207) Page8ol18 ��^ J Form 3034 1/01 (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the -excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. . If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the stuns secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. DOC a:523829 APPL q:7000508818 O„ GAN q:6612600676 nlllal N� ��6A(NC)lozo7l Page 9o116 /�� �p� Form 3034 1/01 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to„ those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law [night specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then woudd.be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this -Security Instrument, and Borrower's obligation to pay the sums secured by.this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums.and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other DOC N:523831 APPL p:7000508818 CAN p:6612600676 Initlal� ' -6A(NC) tozo7t Page 11 oils o /�„r 75" jrA Form 3034 1101 than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other parry's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances deemed as toxic or hazardous substances, pollutants, .or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means,a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. DOC p:323832 APPL 8:7000508818 � LOAN a:6612600676 In111ais• ®6A(NC) (0207) Page 12 a115 ,y/Jc jplL,_ Form 3034 1/01 NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and saleof the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect -all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shag give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sate, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shaft apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees of Five (5.00) % of the gross sale price; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release. Upon payment of all sums secured by ,this Security Instrument, Lender. or Trustee shall cancel this Security Instrument If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender may'from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. Attorneys' fees must be reasonable. DOC #:323833 (M�6A(NC) (0207) APPL #:7000508818 Page 13 0116 NOOAn Initlale• #:6612600676 Form 3034 1/01 BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terns and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: DOC #:323834 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 7;�L ,�" s ,J—/ (Seal) Hassell S McDowell -Borrower Q'i eal) y P cDowell Borrower (see) HdFt N Dorsett -Borrower 1 Pry =4364 L WUWAWWW.W,IQi1 APPL #:7000500818 _ (Seal) -Borrower LOAN #:6612600676 ®OA(NC) (0207) as#a 14 of 16 Form 3034 1/01 NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT NOTICE Pursuant to NCGS 113A-119(b), Town of Holden Beach, a locality authorized to issue CAMA permits in Areas of Environmental concern, hereby gives NOTICE that on August 31, 2009, applicant Linda and Hoyt Dorsett, Judy and Hassell McDowell applied for a CAMA permit to install a below ground pool, wood decking at existing ground level and fence at 1156 Ocean Boulevard West. The application may be inspected at the below address. Public comments received by September 18, 2009, will be considered. Later comments will be accepted and considered up to the time or permit decision. Project mod- ifications may occur based on further review and comments. Nonce of the permit decision in this matter will be provided upon written request. Rhonda Wooten Local CAMA Permit Officer 110 Rothschild Street Holden Beach, NC 28982 (910)8426080 Sept.3 11 OCT - 8 2009 I1 ^tl STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County, and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Scott R. Harrell who, being first duly sworn, deposes and says: that he is Publisher (Owner, partner, publisher, or other officer or employee authorized to make this affidavit) of The Brunswick Beacon, a newspaper published, issued, and en- tered as periodical mail in the Town of Shallotte in the said County and State; that he is authorized to make this affidavit and sworn state- ment; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in The Brunswick Beacon on the following date(s): September 3, 2009 and that the said newspaper in which such notice, paper document or legal advertisement was published, was at the time of each and every such publication, a newspaper meeting all the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Sec- tion 1-597 of the General Statutes of North Carolina. This the 3rd day of September, 2009. (Sig ature of person making affidavl[) Sworn to and subscribed before me this 3rd day of Septem- ber, 2009. ....0 ... ...��z....... V (Notary Public) RECEIVED My commission expires: December 29, 2009. OCT 14 2009 DCM WILMINGTON, NC STATE OF NORTH CAROLINA, I, F'osftr— a Notary Public of the County of certify that Hassell S McDowell, Dorsett County ss: , State of North Carolina, do hereby Judy P McDowell, Hoyt N Dorsett, Linda T personally appeared before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and official seal this day of S-A x P-RY, Z WS My Commission Expires: /0/7/. 00 OFFICIALLOAVIEk No" C NTT me COUNiY Notary Public ANNE MARIER t AyCommts I: Expiresi STATE OF NORTH CAROLINA, The foregoing certificate of a Notary Public of the County of is certified to be correct INS day of DOC #:523835 (sk6A(NC) (0207) County ss: , State of Registrar of Deeds By Deputy Assistant APPL #:7000508818 pn #:6612600676 Initial PaOe 15 of 15 )PA� Form 3034 1/01