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HomeMy WebLinkAboutBC_16-04_SalvadoreBrunswick County BC16.04 Local Government Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management' Issued to John and Janice Salvadore authorizing development in the Estuarine Shoreline Area of Environmental Concern (AEC) at 4455 Midshipman Court SE, in Southport NC 28461, as requested in the permittee's application package, dated 01-Mar-16. This permit, issued on 14-Mar•16, is subject to compliance with the application and site drawing dated received on 03-Mar-16, (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: Single Family Residence / Covered Porch (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on 07-Mar-16. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at (910) 253-2034 for a final inspection at completion of work. R E C E I V E D DCM WILMINGTON, N( (Additional Permit Conditions on Page 2) MAR 1 5 2016 This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: December 31, 2019 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Connie Marlowe CAMA LOCAL PERMIT OFFICIAL PO Box 249 Bolivia, NC 28422 PERMITTEE (Signature required if conditions above apply to permit) Name: John & Janice Salvadore Minor Permit # BC16.04 Date: 14-Mar-16 Page 2 (5) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of Normal High Water (Estuarine Shoreline Area of Environmental Concern), in this case 332.2 square feet is authorized. (6) Unless specifically allowed in 15A NCAC 07H-0209(d)(10), and shown on the permitted plan drawing, all development/construction shall be located a distance of 30 feet landward of Normal High Water. No portion of the roof overhang shall encroach into the 30 ft. buffer. (7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activiti4es, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. (8) Any proposed for grading within the 30' buffer from the Normal High Water level must be contoured to prevent additional stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in a vegetated state. (9) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction completion. SIGNA PERMITTEE DATE: RECEIVED DCM WILMINGTON, NC MAR 1 5 2016 rwLslA i CL �L�t JG. Locality Permit Number Ocean Hazard Estuarine Shoreline ORW Shoreline PublicTrustShoreline Other (For official use only) T k 1 60-c -] 2 3 S T-7U U!o GENERAL INFORMATION LAND OWNER Name -Ot-w 0. & �Aj%C> SIaLVApo21 Address l5 Jc)rr1 (%')A-rTHf-�W �RaA3> City State T1 )A55 Zip O1`748 Phone 508- 47313`7 Email SSa1�L.dose @ GtitJCcASTAI CAM AUTHORIZED AGENT Name Ccc"S SK, LnliS'r�'uGrrJtJ Address 348 S?P_{n1t+?�I 17L'�V� City S0UyHP03sz7 State i�C' Zip AL16) Phone Cl to- 45`i-10217 Email C'URT6KtQoP"a- C'' EC.--'R(""(A�1 LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacent waterbody.) Lp+ 5 1A tVSUr pr nA;,J Cou pT - �} . Tary%es J.ttf Ro-Irk DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) �e� hDm t /1S i! uCF 1 wj C��z-� 1porcy. SIZE OF LOT/PARCEL: "1Z 15.3 square feet 0.117 acres PROPOSED USE: Residential ® (Single-family © Multi -family ❑ ) Commercial/Industrial Other COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer ifyou are not sure which AEC applies to your property): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet (includes air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but excluding non -load -bearing attic space) (2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES.2W- :;square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within the a licable AEC. Attach your calculations with the project drawing.) 332° 2- STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater Management Permit issued by the NC Division of Water Quality? YES X NO If yes, list the total built upon area/impervious surface allowed for your lot or parcel: 2600 square feet. RECEIVED IE:CEIVED CCvI WILMINGTON, NC MAR 0 3 2016 MAR 0 ? 2016 OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) X an owner or record title, Title is vested page 121(a in the ' <-unsW!Ck :r,NN,'.'AM10E SAwRzog; ,see Deed Book 375� County Registry of Deeds. _an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. _if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1) r_-Jt�d 4- MARy Kondrae-4� IiL-53 (24, 60U-f4pX V Ze4bl (2) 15nW klote f 16AN S6P 640 4457 0-4- 50tt!hP2ol 7)C ?-5461 (3) (4) ACKNOWLEDGEMENTS: I, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu- lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofing techniques. I finthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the day of mt21=A .20 16 CJ 1t 4(4fX' 9 i.. v 4is 6kippc CAnLST72UtTtc�1 Landowner or person authorized to act as his/her agent for purpose of filing a CAMA permit application This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the Ocean Hazard AEC 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 incorporated without reference in an ermit whi h y be issued. Deviation from these details will constitute a violation of any permit. Any person developing ermit is subject to civil, crimirKtx0#pM1Distrative action. RECEIVEC) DCM WILMINGTOI' MAR 03 2016 MAR 0 7 2016 NOW I( 471 PAGE WRI.W FT $f. JMIES/OWNER 0.550. INC. TEED BOOK 1i 2 PAGE 9D'! \\\ TAX PARCEL A PSSFG0o102 q �.�� s 9 � I i I I I I I I I _v U Z L� Z Lu O o > c� Ili U o I af a G U 5 VICINITY MAP q p G x q q S yl Gtl [7 4 ai 3ENERAL NOTES, . ML c61M49 $ICWN IA XOMCCNIM W1dMG g51MYC5 E TE AED O IfER 1Mq O[GW MCMroD[L[RMF[G BY WRgwtC [OIgNllC1W J. St YYLs S. " 8S-.I o SC)BKRS: V[q Sr. Y4C[ CG S.E.. TEST 9oUR r[Et RFM RR •. 1/p IX1 R[BW SET Y 4L WRXEWS No1FD. IinrnxeR s. tNn Rqungm V[9 rxlNw r[Nw s•EgM rtroD J"� ioea w, vaio er %o] �or°M r.l.qu. s. tws RROPERq wr N suauR rD IRM[IUL ), )my ,MIDI O! wt•0.1T ASKS/).)t)J Y. I 0. COO.. nr IIf-Bw L5' I R. eLev rs ww Isro wrvu I PA vnq¢L / ]ssromR y 1 U 4455 MIDSHIPMAN COURT 40' RRWE RWIR-OR-WAY 4;6' qN M Fuw Mn W rw4MUW CMSPI R[NRN➢�[ I:nP.wf.vlrn enNQN M )P �� 4PRvlL Xp l�)5' RIIX K rK 44%6q�i%f AuF�i w .IK u�dwc10 rc a.vrto .. wNi4wN'R IS TMMV ': L wRl -tTriignre�� Io s' uwcl n.cw[mrowlq 1]t9. R[CMIXO M M[ .w a Ecogrc,NUIx ON Rmmw C. Z }za a w0 V J n rs Ilr uLcm tr~) w rain] Mao Ei�� w W �LLAO' LCW,gn Q Z $3i rJ OwJ ..,T' WE.[' M•�N M W W SQ .c M,[ wlw a -TV NMC1 Wq 0 we h co, wc. C-21" I Yn ,EN WAY SNE[) u0. OPN 15UND. N.G A . ❑ G9ane: H-0[t-159J '�I EmoN revdvMeeOecn.mm AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: r N 1A �'c� �pivA oat MailinaAddress- Phone Number: Email Address: I certify that 1 have authorized 5a`b'- 4-rcl 3i3`7 �SAWP�oR� (a'� GR�CoAszaL•c�u Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all LAMA permits necessary for the following proposed development: W at my property located at in Cc ylec.J h orhe - 14 {ss MiOkshfPma,,) Co"-4 �T SA.hES P(cv.+C�+:or1 l furthermore certify that I am authorized to grant, and do 'in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature oj tJ SR LVq�n E Jn� ci Sn��M1ocz' Print or Type Name Title l-t i 2o( Date This certification is valid through '2- 1 '2q I ao l-r t l EG E i V E D DCM VVILP INGU,TON, NC -/ MAR 0 3 2016 MAR 0 3 2016 NI W IORN1ENLY \ NMIIU PT 9i. JANESlOWNCR 15 50. INC. ' rrt,aR DEED 60Gx ra s O 102 Ux PARCEL 0 Y]SFO00102 � 1 I 1 \ I ' I I I I I t t sn � J N O 3? µEWI MiIN OPEN SPACE / \ N Z g� Z - ; I c 0 o > (7 `1I VICINITY MAP ,� WON I. lU z M GENERAL NOTES' c O r ` C I. Au pv,IAxtts sNLrw ARE omzanAL pwouxo pRYAVtts N[A91Am w «n ANp ISCNI4S. WI a I 1 •v1 J ). AANN.E, [PYIAYp pv CWRpN1r[ CONPYMICH IR� ,. W Qir } V. JW[5 SIXPNC $1-LPIN yr uL] PW c I G I IQ.. ([Lr ET P M ]e LRLr ��\ �,/ I( Af HL KANLR A Nm295ID ? , I LICI�xm[. b. rW9 PPWLRry LILT MMM rt... 9KCNL RQ9• Nru Aw AE.,I ] AKNa rlA,v. s p15pW,'G i/w/Iaoe 11 I I 1..1Ms PR9PL N` A 9YB a ro /pNI n Npr o asl'rtiB4[rBr OpF9[AT110IN 0I:m1 K a ' ~ �R,(�} F,n WX pN I.I . N a .N. vIImIN eP MPU[a NO INC uMCN "INMW4 0. WIN lll�liA I I zr Nor LM-o.rn Fcxs/LnS.] N. f EMt IpI M N-W. 0..5 'y yl ly I. 16 iW PK[L / 3AICW8 sY39 1 IN 1 I REFERENCES; I I. MAI III IWB]YR NNNN'NLLAU. tt1[rm If pTl I WILp VPA Im N.. M[pPM* N WP CMK1 21. IMIE M IN IN[ MVNIF,CN COVM•Y. (� 1 FpN0 ENNE NA PLpvIl 01 p[EK. \,\ / NNE I" ORY Illf RE W`XI'IN INC OMNLW CWNIr. FyNA PCp{I(R NN QQ ° 4�5 MIDSHIPMAN COURT wr_y} �.,10' PRNAME RIONi-Of-WAY G Ba rb' a* e aI i qk> ire a �s+ y` w AN R `rerW'[ps}�i ��``�� � n'i.N�R"�'r iuv¢°.#,3Qy'e I, LEGENDnr mm II —ix"R� r— IN NE NN— I . [�. iec�i''ffYY YBL_yyblNN WILpwG NK NE—AW R[&R Sfr IN ..�,w i•JSeii iW=r[xPWlgv BtxCXNAM MP IN. PpM 41 V V IX [N.flµv[V4l tWC[.F L sN, KY Np w+ta µ(1M M N.Lly r1L—TNRNEp RWN [IF IXEN ^snNMe sNpay . sWo +K IN —PIN 'INC ra 9[ R[MTRo `M I unuNYIr AO,NV,"INM 9NIfIRLR VR+K n {puu YM1 p iNl UYA V4 tl W C,J1A—MU4 XYN EF^iWNWLY[Nr .b[NCY 1CIIYL— [P LINE ME PArMAV K. MSµI1 poi fa tnivsOrz� LeerN yrrn x rnt _ IEDE. [NINCY fSNA PLL yC iM ltN.�f[0[RN NIUIUNtt PAr[ WP ^� —INNNMi IIMEP CLFII: Wr -BY=INNM RNA 1WN0.8MM LL iX "— MI [R Y[r CIIV—COPAccmNYGr[p W. flPL M1,iWt Y IrtuNto Nm—Y MI' k bNIIM42 UVKM \ wI[ R[w Mwrtp KS A' CO.. INC. C-24W Y r YAUPd1 WY SNEET N0. 4 uW Wo s IRNNO. [fFVw[P[[ssN PF I09-W3M-1557 P ❑ N E m irt"". a�ivx° [mea .me.e"xa0a.rr.00m ru M1 50UTHpOR"I, VVIAL USE Ln P�e$e d `s 0461 CURTIS SKIPPER CCU cemfiedFee 12 {' so.ao - C3 3848 SPRINar DR.. SOUTp Return Receipt Fee (Endorsement Required) $0.00 PO OHeN. Hera 910-457-1027 PHONE - 910 G Restricted Mvery Fee E3 (Emiorsement Required) Ln r9 $0. Total p' a 'e & Feee $ 03/02/2016 rl tL March 1, 2016 Edward & Mary Kondracki 4453 Midshipman Court Southport, NC 28461 Dear Adjacent Property Owner: r-1 W IGo,)dracic� C3 W., __ ...._ �F�F53 f1'lr'dsh This letter is to inform you that we have applied for a CAMA Minor Permit on property owned by John and Janice Salvadore at 4455 Midshipman Court, Southport, North Carolina. As required by CAMA regulations, we have enclosed a copy of the permit application and project drawings as notification of the 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 the proposed project, please contact our office at 910457-1027 or by mail at the address listed below. If you wish to file written comments or objections with the Brunswick County CAMA Minor Permit Program, you may submit them to: Connie Marlowe Brunswick County Planning Department PO Box 249 Bolivia, NC 28422 910-253-2034 Sincerely, C, y, �� 7 / 2�-C�'"� ` Lisa Skipper, President Curtis Skipper Construction 3848 Springtide Drive Southport, NC 28461 DCM WILMINGTON, NC MAR 0 3 2016 U.S. Postal Service., CERTIFIED MAIL-m RECLiP T (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit ourweosite at w uspaxom;. rh 6 �itkrbi sa CURTIS SKIPPER COWS Postage Cert1Z Fee ><' 0451 1 $0. p0 3948 SPRINGTIDE DR-. SOUTHPOR C3 RRep p premier ece rF�e) k; 910457-1027 PHONE - 910457-10 (End Poehnark Hare fQ,rJp O "I"=etl Celivory p �LLr Fea (EMorsom.M Req-IR LrI U3/Q2/2U16 March 1, 2016 Salvatore and Joan Esposito 4457 Midshipman Court Southport, NC 28461 Dear Adjacent Property Owner: r.1 Total Postago & Fpee rl _ Pof �F�s7 rn,atcl,.�/ Cr. cM: smm, avo .� l�-f� fK1rd iLr V! �b% This letter is to inform you that we have applied for a CAMA Minor Permit on property owned by John and Janice Salvadore at 4455 Midshipman Court, Southport, North Carolina. As required by CAMA regulations, we have enclosed a copy of the permit application and project drawings as notification of the 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 the proposed project, please contact our office at 910-457-1027 or by mail at the address listed below. If you wish to file written comments or objections with the Brunswick County CAMA Minor Permit Program, you may submit them to: Connie Marlowe Brunswick County Planning Department PO Box 249 Bolivia, NC 28422 910-253-2034 Sincerely, Lisa Skipper, President Curtis Skipper Construction 3848 Springtide Drive Southport, NC 28461 RECEIVED DCM WILMINGTON, NC MAR 1) 3 -,mg Excise Tax: $446.00 IIII IIIIIIIIII IIIIIIIIIIIII�IIIII III 13703 P1216 ;; tsl er,w�.rew crone,,. Nc .a.e.. ei w a. + er z 001 ( Wr le-Y uro Countyty,, 16:21:63.a61 srcw tiL NC REVENUEUE 6TME: $446.e0 a46a66t) Pt€sMer� Rat A 'Tim Rev Inn Ck$ Cktl W16COsh5 Aduod;_Cash $_Fhmc6_ OFSiW5fW" raxsMb*Md-A b=4004 aaarat EIIMaRisgbaaMrNmMwae6auhrat .✓f. RMaa6i6dMn'Xa0lta RRatlYG6aolplea GENERAL WARRANTY DEED Brief Description: Lot 10, PUD-M, Parcel A, Brunswick Harbor Marina Village, St )awes/\� Prepared by: Johnson & Moore, PA, 8505 E. Oak Island Drive, Suite 2, Oak Island, NC 28465 C This instrument was prepared by a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of dosing proceeds. SPATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Parcel Identifier No.: 234FDOOG THIS DEED made this 30% day of October, 2015, by and between JAMES E SHEARER, H AND WIFE, KA7HY M. SHEARER (hereinafter referred to ""Grantor," whether singular or plural) with a marling address of 3199 Sea Grass Court St Tames, NC 28461 And JOHN L. SALVADORE AND wDE, JANI® SALVADORR (hereinafter referred to as "Grantee," whether singular or plural) with a mailing address of 15 John Matthew Road Hookmtown, MD 01748 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSEM, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby aclmowledged, has and by these presents does grant bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Town of St James, Lockwood Folly Township, Brunswick County, North Carolina and more particularly described as follows: BEING ALL OF Lot 10, PUD-M, Parcel A, Brunswick Harbor Marina Village, St. James Plantation, as shown on a plat thereof recorded in Map Cabinet 21, Page 132, office of the Register of Deeds of Brunswick County, North Carolina. THE ABOVE DESCRIBED PROPERTY IS SEPARATED FROM THE WATER IN THE MARINA BY A STRIP OF LAND AND DOES NOT HAVE RIPARIAN RIGHTS IN OR TO THE MARINA BASIN OR CHANNEL RECEIVED DCM WILMINGTON, NC MAR 0 5 2016 NIIINIIIIIII IIIliilllllllllllllllll 83103 P1211. z' � This Property does not include the primary residence of a Grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1523, Page 406 of the Brunswick County Registry. A map showing the above -described property is recorded in Map Cabinet 21, Page 132 of the Bnuwwick County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Easements and Restrictions of record, including those found in Book 839, Page 453 and in Book 1319, Page 438, as amended and supplemented, Brunswick County Registry. 2016 and subsequent year ad valorem taxes, not currently due and payable. IN VVITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. .• 1 I certify that the following person(s) personally appeared bcfore me this day, early acknowledging to me that he or she signed the foregoing document JAMES E SHEARER, 11 AND WU7, KATHY M. SHEARER 071 This zt2 day of &Mbpj, 2015. (NOTARYSEAL) apt A R Y Pus, 1G 1"l L_C;1t IVED DCM WILMINGTON, NC MAR 0 3 2016 IIIIIIIIIIIIhIIIIIIII ICI I.t.l B31-dP1z1avr i Brv�•Wc9 C•unW. • e•c• pmentor Ret -&Y( d robt -d Pil mt CkS_s-S I -Cho Legs CeahS R2hnitl:tej S.___-Finance O Poeirors n aoiuxlm sro aYgba duff m mndlca mat O �lM14ldala,L.tll�waK4a6raal �� 'u'd41d f�elii<Mdps°tRalAal4Mealhd DEED OF TRUST This document was prepared by: LOAN DEPARTMENT, CRESCOM BANK - CH, PO BOX 81137, CHARLESTON, SC 29416-1137 - Mvinb "'t"t. MFIA Please return after recording to: JOHNSON & MOORE, PA, 8505 E OAK ISLAND DR SUITE 2, OAK ISLAND, NC 28465 DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is October 28, 2015. The parties and their addresses are: GRANTOR: JOHN L SALVADORE 15 JOHN MATTHEW RD HOPKINTON, MA 01748 JANICE SALVADORE 15 JOHN MATTHEW RD HOPKINTON, MA 01748 TRUSTEE: M. J. HUGGINS RI PO BOX 3050 MYRTLE BEACH, SC 29578-3050 LENDER: CRESCOM BANK Organized and existing under the laws of South Carolina 288 MEETING STREET CHARLESTON. SC 29401 1. DEFINITIONS. For the purposes of this document, the following term has the following meaning. A. Loan. "The Loan" refers to this transaction generally, Including obligations and duties arising from the terms of all documents prepared or Submitted for this transaction. 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Granter's performance under this Security Instrument. Grantor does hereby irrevocably gram, convey and sell to Trustee, in trust for the benefit of Lender, with power of sale. the following described property: wo—xY, rw Swim h996. MIS arrt.r Sysw RECEiVED DCM WILMINGTON. NC MAR 0 3 2016 See Exhibit Attached PI�IIII'IIFII IIIII'IIIII,1IIIIIIIIII Rig vkl!9 ;� -4 The property is located in Brunswick County at 4455 MIDSHIPMAN COURT, SOUTHPORT, North Carolina 28461. Together wah all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock and all existing and future Improvements, structures, Rxtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in wining by Lender. 3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, dated October 28, 2015. from Grantor to Lender, with a loan amount of E767,250,00 and maturing on October 28. 2020. B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. LIMITATIONS ON CROSS-COLLATERALIZATION. The crosscoaateralization clause on any existing or future loan is void and ineffective as to the Loan, including any extension or refinancing. The Loan Is not secured by a previously executed security instrument if a nan-possessory, non -purchase money security interest is created in "household goods" in connecuon with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. The Loan is not secured by a previously executed security instrument if Lender fails ro fulfill any necessary requirements or fails to conform to any limitations of the Real Estate Settlement Procedures Act, (Regulation X), that are required for loans secured by the Property or if, as a result, the other debt would become subject to Section 670 of the John Wainer National Defense Authorization Act for Fiscal Year 2G07. The Loan is not secured by a previously executed security Instrument if Lender fails to fulfill any necessary requirements or falls to conform to any limitations of the Truth in Lending Act (Regulation Z). that are required fin bans secured by the Properly. S. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 6. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage. deed of trust, security agreement or other lien document that created a prior security Interest or encumbrance on the Property. Grantor agrees. A. To make all payments when due and to perform or comply with all covenants. 8. To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any rote or agreement Secured by the lien document without Lenders prior written consent 8. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments. liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would Impair the lien of this Security Instrument. Grantor agrees to assign to Lender. as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract far the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. awnu,w,.o Mrum WebsY mantelL "a 2ata9Wura SYa RECEIVED DCM WILMINGTON. MAR 0 3 2016 IIIII IIIIIIII IIII IIIII I IIII I IIIIIIIII 93103 arunwlck cants, W Register of Deeds Page a cf a 10. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Grantor or to which Grantor is a party. 11. PROPERTY CONDITION, ALTERATIONS, INSPECTION, VALUATION AND APPRAISAL. Grantor will keep the Property in good condition and make all repairs that are reasonably necessary. Gram" will not commit or allow any waste. Impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings. claims, and actions against Grantor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time and frequency for the purpose of Inspecting, valuating, m appraising the Property. Lender will give Grantor notice at the time of or before an on -site inspection, valuation, or appraisal for ongoing due diligence m otherwise specifying a reasonable purpose. Any inspection, valuation or appraisal of the Property will be entirely for Lender's benefit and Grantor will In no way rely on Lender's inspection. valuation or appraisal for its own purpose, except as otherwise provided by law. 12. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attomey in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create an obligation to perform, and Lendefs failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not caroled on in a reasonable manner, Lender may take all steps necessary to protect Lender's security Interest in the Properly, including completion of the construction. 13. ASSIGNMENT OF LEASES AND RENTS. Grantor xrevowbly assigns, grants, conveys to Lender as additional security all the right, title and Interest in the following (Property): existing m future leases. subleases, licenses. guaranties and any other written or verbal agreements for the use and occupancy of the Property, including any extensions, renewals, modlfketions or replacements (Leases); and rents, issues and profits (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Gramor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other Information with respect to these Leases will be provided immediately after they are executed. Gramm may collect receive, enjoy and use the Rents so long as Gramm is not in default. Upon default, Grantor will receive any Rents in cost for Lender and Grantor will not commingle the Rents with any other funds. Grantor agrees that this Security Instrument Is Immediately effective between Grant" and Lender and effective as to third parties on the recording of this Assignment. As long as this Assignment is In effect, Grantor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. 14. DEFAULT. Gramm will be in default if any of the f(Atowing events (known separately and collectively as an Event of Default) occur: A. Payments. Gramm fails to make a payment in full when due. B. Insolvency" Bankruptcy. The death, dissolution or Insolvency of, appointment of a receiver by or oO behalf of, application of any debtor rellef law, the assignment for the benefit of creditors by or on behalf of, the voluntary Or involuntary termination of existence by, or the commencement of any proceeding under any present m future federal or state insolvency, bankruptcy, reorganization, composition " debtor reflef law by or against Gramm, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Renewer has with Lender. C. Death or Incompetency. Groner dies or Is declared legally incompetent D. Fallen to Perform. Gramm tails to perform any condition a to keep any promise or covenant of this Security Instrument. E. Other Documents. A default Occurs under the terns of any othm document rate" to the Secured Debts. F. Other Agreements. Gramm is in default on any other de" or agreement Grantor has with Lender. xannaeam o..e a rw SefeYneDttLSa00000000aB8Ra"1N Wan.aPu«rit,udY SeNm M89a. oats ante syAanr°' RECEIVED DCM WILMINGTON, NC MAR 0 3 2016 111H1111H11iiiii111111ijiiiiipir ll, M- cl. ;5 ROP G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it Is made or provided. H. Judgment. Grantor falls to satisfy or appeal anyjudgment against Grantor. 1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This Condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained In the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or Is Impaired. M. Insecurity. Lender determines In good faith that a material adverse change has Occurred In Grantor's financial condition from the conditions set forth In Grantor's most recent financial statement before the date of this Security Instrument or that the prospect for payment w performance of the Secured Debts Is impaired for any reason. 15. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender has under state m federal law or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property. Any amounts advanced on Grantor's behalf will be Immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all Insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules m any other notice rights Grantor may have under federal and state law. Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of an Event of Default or anytime thereafter. If there is an occurrence of an Event of Default, Trustee will, in addition to any other permitted remedy. at the request of Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash, after having first given such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may be then required by law, and convey a trustee's deed that conveys all right, title and interest to the Property that was sold to the purchaser(s) at such time and place as Trustee designates. Trustee will give notice of sale including the time, terms and place of sale and a description of the property to be sold as required by the applicable law in effect at the time of the proposed sale. Upon sale of the property and to the extent not prohibited by law. Trustee will pay all fees, charges and costs, including Trustee's commission, will pay to Lender all moneys advanced for repairs, taxes, Insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and Interest on the Secured Debts, and paying any surplus as required by law. Trustee's commission wig be 5 Percent of me gross proceeds of the sale for a completed foreclosure. Lender or its designee may purchase the Property. Upon any sale of the Property. Trustee will make and deliver a trustee's deed that conveys all right, tide and interest to the Property that was sold to the purchaser(s). The recitals In any deed of conveyance will be prima facie evidence of the facts set form therein. All remedies are distinct, cumulative and not exclusive, and Lender is entitled to an remedies provided at law or equity, whether oc not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance Is due or is accelerated or after foreclosure proceedings are filed will not constitute a wahm of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it Continues or happens again. 16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On a after the occurrence of an Event of Default to the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement. valuation, appraisal or protection of Lender's rights and remedies under this Security Instrumem t or any other document relating to me Secured Debts. Grantof agrees to pay expenses for Lender to inspect, valuate, appraise and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, reasonable attorneys' fees not exceeding 15 percent of the outstanding balance on the Secured Debts. These expenses are due and payable immediately. If not paid Immediately, these expenses will bear Wdisa Ip,xv FawrruSwke FYaa gala N,4rs Slr w rAECEIVED DCM WILMINGTON, NC MAR 0 3 2016 IIIII III'I IIIII II II!Ill l,111111Y. i1 �Ilr Ill Cl::. PROP interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grants agrees to pay the reasonable attorneys' fees incurred by lender to protect Lender's rights and Interests in connection with any bankruptcy proceedings initiated by or against Grantor. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section. (1) Environmental Law means. without limitation, the Comprehensive Environmental Response. Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 at segJ, all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material. waste. pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare w emironment. The tern includes, without limitation, any substances defined as "hazardous material.' "toxic substance," "hazardous waste,' "hazardous substance," or "regulated substance" under any Environmental Law. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in wrltlng to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of We Property. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are, and will remain In full compliance with any applicable Environmental Law. C. Grantor will immediately notify Lender if a release or threatened release of a Hazardous Substance orctas on, under or about the Property or there Is a violation of any Environmental Law conceming the Property. In such an event, Grantor will take all necessary remedial action in accordance with any Environmental Law. D. Grantor will immediately notify Lender In writing as soon as Grantor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental law. 18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or public entitles to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to Intervene in Grantor's name In any of the above described actions or claims. Gramor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all m any part of the Property. Such proceeds will be comidered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is Subject to the terms of any Prior mortgage, deed of trust, security agreement or other lien document. 19. ESCROW FOR TAXES AND INSURANCE. Grantor, will not be required to pay to Lender funds for taxes and insurance in escrow. 20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor without any other formality than the designation In writing- The successor trustee, without conveyance of the Property, will succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. 21. APPLICABLE LAW. This Security Instrument IS governed by the laws of South Carolina, the United States or America, and to the extent requited, by the laws of the Jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are independent of the obligations of any other Grantor. Lender may Sue each Grantor individually or together with any other Grantor. Lender may release any par[ of the Property and Grantor will still be obligated under this Security Instrument for the remaining Property. Grantor agrees that Lender and any party to this Security Instrument may extend, modify a make any change In the terms of this Security Instrument a any evidence of debt without Grantor's consent. Such a change wit not release Grantor from the terms of this Security Insvument. The dales and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Grantor. NbYrs xrewr rinrtLl SSMr %596, Mlb aenvs System" nE IVFD DCM WILMINGTON, NC MAR 0 3 2016 23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement No amendment or modification of this Security Instrument is effective unless made in writing and executed by Grantor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 24. INTERPRETATION. Whenever used, the singular includes the plural and the plural Includes the singular. The section headings are for convenlence only and are not to be used to Interpret or define the terms of this Security Instrument. 25. NOTICE, ADDMONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required by law, any notice will be given by delivering n or maeing It by first class mall to the appropriate party's address listed In the DATE AND PARTIES section, or to any other address designated In writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change in Grantor's name, address or other application Information. Grantor will provide Lender any other, correct and complete information Lender requests to effectively mortgage or convey the Property. Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grardar's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. SIGNATURES. By signing under seal, Grantor agrees to the terms and Covenants contained in this Security instrument. Grantor also acknowledges receipt of a copy of this Security Instrument. GRANTOR: Date / /1/yy (Seal) (JOHN L SALVADORE Date /��JY,- (Seal) ICE SALVADORE Wo q,we' nnu w 6 e1996. Mt6 Bvvun syn DCM WILMINGTON, NC MAR 0 3 2ui6 t�.��tyuRgis Mr o3103 P1224 n e � ACKNOWLEDGMENT. 5}p*� OF "1LS C s CaL01 OF Mi d.11oSe x ss. I 'Q ee..L [:. Qj re•.m do heeby certify that JOHN L SALVADORE , and JANICE SALVADORE,to me or Ware known proved to me on the basis of satisfactory evidence to be the pe son(s) described, personally appeared before ms this day and acknowledged the due and voluntary execution of the foregoing Instrument for the purpose stated therein. Witness my hand and official seal, this the eR d day o My commission expires: qA =Ly (Notary Public) BEMLY O. BROWN p7t}/ Rftr Ptak � d R.rdrr W.. MAIM'• F' � saINCtS'1 %. rol s a — 5y —m RECEIVED DCM WILMINGTON, NC MAR 0 3 2016 IOr „II,I+I.ItIIIcNl ty, llxlhlR"Isc1.11r .f oa«a.?�pma�a or e Exhibit "A" ALL of Lot 10, PUD-M, Parcel A, Brunswick Harbour Marina Village, St James Plantation, as shown on a plat thereof recorded in Map Cabinet 21, Page Lit, office of the Register of Deeds of Brunswick County, North Carolina. RECEIVED DCM WILMINGTON, NC MAR 0 3 2016