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HomeMy WebLinkAbout48-15 Renewal Case, ClydePermit Class RENEWAL STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission . Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Permit Number 48-15 Issued to Melanie Case 233 Deep Bay Drive, Newport, NC 28570 Authorizing development in Carteret County at adi. to Bogue Sound, at 233 Deep Bay Drive, in Newport , as requested in the permittee's application dated letter dated 12/12/18. This permit, issued on January 4, 2019 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may 1) This renewal shall be attached to Permit No. 48-15, which was issued to Clyde B. Case III on 4/14/15, and copies of both documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2015-0200. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2015-2015-00481. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. 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 accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. �/ &we Braxton e.Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Coastal Management ENVIRONMENTAL QUALITY Melanie Case 233 Deep Bay Drive Newport NC, 28570 Dear Mrs. Case:. January 4, 2019 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure incerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina i Environmental Quality I Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, NC 28557 252 8082808 COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 kbvinsonCa.ec.rr.com Mobile 252.240.9297 December 12, 2018 Ms. Heather Styron C E I V E D NC Division of Coastal Management RECEIVED 400 Commerce Avenue 1 O 1 Morehead City, NC 28557 O E C 13 _' 018 D CITY Re: Major Permit 48-15 DCM-MHD CITY Clyde B. Case, III and Melanie Case Dear Heather: Major CAMA permit 48-15 was issued to Clyde B. Case, III on April 14, 2015 and will expire on December 31, 2018. The permit authorizes improvements to an existing pier, including an extension of the main pier, construction of an additional platform, relocation of an existing boatlift, and installation of a new boatlift and a single -pole jet -ski lift. The project site is located at 233 Deep Bay Drive, Newport, North Carolina. Work authorized by the permit has not been constructed. Mr. Case passed away in November 2018. His wife, Melanie Case, is the executor of his estate and holds his power -of -attorney. She is requesting that the permit be renewed and transferred to her name. Please also change the address of the permit holder on the permit document and mail the renewed permit to Mrs. Case at 233 Deep Bay Drive, Newport, NC 28570. Enclosed with this request are copies of the original permit and an agent letter authorizing me to act on behalf of Mrs. Case. Also included are copies of the power -of -attorney and the executor decree. Check # 1208 in the amount of $100.00 written on the account of Coastal Planning Services, Inc. is included to cover the renewal fee. Thank you for your assistance. Please let me know if you have questions or need additional information. Sincerely, Kathy B. Vinson, AICP Enclosures co 00 oOK DCM Coordinator: ;JOB "J Permit SD MAH ING DISTRIBUTION SHEET Permittee: DCM Field Offices Elizabeth City U (with revised work plan drawings) 1,Morehead City �1M7 /b✓I Washington Wilmington Li�y:IKi]�i3 rf�'F Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) *Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Shane Staples David Hams Shannon Jenkins / Sharron Gupton Tim Walton / Mike Moser Sheri Montalvo Clif Whitfield (WARD) Curt Weychert Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Ponder) Chad Coburn — 401 (Brunswick, New Hanover)' Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARO) Rodney Butler Fax Distribution: Permittee #: Agent# (NCDOT) Travis Wilson DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 February 19, 2019 Regulatory Division Action ID No. SAW-2015-00481, General Permit No. 198000291 No• �(B�t'� Ms. Melanie Case 233 Deep Bay Drive Newport, North Carolina 28570 Dear Ms. Case: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to renew the work associated with your Department of the Army (DA) permit issued on May 4, 2015 to construct an extension to an existing docking facility to include a pier, platform, jet -ski lift, and two boat lifts within Bogue Sound. The property currently has an existing one -slip docking facility -171 ft from the edge of coastal wetlands within shallow bottom SAVs. The proposal includes the placement of a 4.5' x 404' pier, a 16' x 29' platform with an 18' x 20' covered area, a 5' x 8' jet -ski lift (over the platform) and two 13' x 13' boatlifts (one will be relocated from existing placement). This project is located at 233 Deep Bay Drive, adjacent to Bogue Sound, in Newport, Carteret County, North Carolina. Coordinates in Decimal Degrees are: 34.72609 N,-76.88752 W.. Your proposal continues to be consistent with the provisions and objectives of general permit 198000291 (copy enclosed). The permit is hereby renewed. It is understood that all conditions of your permit conditions remain applicable and that the expiration date of your DA permit is December 31, 2021. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. RECEIVED F E B 1 9 2019 MP SECTION MHD -2- Thank you for your time and cooperation. If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosure: GP 291 conditions CAMA Permit Electronic Copy Furnished (without enclosures): NCDEQ/DCM; Mr. Doug Huggett NCDEQ/DCM: Mr. Gregg Bodner NCDEQ/DCM: Mr. Ryan Davenport NCDEQ/DWR; Mr. Robb Mairs NCDEQ/DWR; Ms. Karen Higgins RECEIVED FEB 1 9 2019 fill' SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C.'DAVIS Director MEMORANDUM: TO: Gregg Bodnar Thru: Roy Brownlow FROM: Heather Styron NORTH CAROLINA Environmental Quality SUBJECT: Transfer/Renewal Request - CAMA Major Permit, 48-15, Clyde B. Case III and Melanie Case, 233 Deep Bay Drive, Newport, Carteret County DATE: December 19, 2018 Please find attached a request from Mrs. Melanie Case, representing the Clyde B Case estate, to transfer and renew State Permit #48-15 into the name of Melanie Case. The permit was issued on 4/14/15 and is set to expire on December 31, 2018. A. copy. of the 11/1 /18 Power of Attorney is attached showing -ownership _of the - property by Mrs. Melanie Case. By virtue of 15A NCAC 07J .0406 and 15A NCAC 07J .0404, the permittee is allowed a transfer and a two-year extension on this, Permit. This district recommends the transfer and renewal be authorized as proposed. A check in the amount of $100.00 has been submitted for the renewal request (transfer fee was waived). RECEIVED DEC 1 9 2018 IMP SECTION RAH® North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Melanie Case 233 Deep Bay Drive Newport, North Carolina 28570 December 10, 2018 To Whom It May Concern: I authorize Kathy Vinson, AICP to represent me and apply for CAMA permits to develop property located at 233 Deep Bay Drive, Newport, Carteret County, North Carolina. This authorization extends to all permits and authorizations required by local, state, and federal agencies that may be required as part of the permitting process. Please feel free to contact me at (252) 671-7170 if you have questions or need additional information. Sincerely, Melanie Case RECEIVED DEC 13 '119 DCM-MHD CITY { NEW Class -�4 c v I tLsV-V- -� STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Permit Number 48-15 Issued to Clyde B. Case, III, 252 US Hwy 70 West, Havelock, NC 28532 Authorizing development in Carteret County adi. Bogue Sound, at 233 Deep Bay Drive, in Newport , as requested in the permittee's application dated 1/21 /15, including the attached workman drawings (2). 1 dated revised 1/19/15 and 1 dated revised 1/13/15 This permit, issued on April 14, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may tie suoJect to lines, imprisonment or crvu action; or may cause me permit to oe nun aria vom. 1) In order to satisfy the requirements of the rules of the Coastal Resources Commission, and in accordance with the authorized agent's email dated 4/14/15, no portion of the authorized docking facility shall extend into the waters of Bogue Sound more than 536' feet, as measured from the waterward edge of the coastal wetlands. Docking Facility 2) Unless specifically altered herein, this permit authorizes the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconfigured docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheets for Additional Conditions) 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 accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. s'1M ="f �5 Braxton C. Davis, Director J Division of Coastal Management phECEIV E D is permit and its conditions are hereby accepted. DEC 13 2018 DCM-MHD CITY Signature of Permittee Clyde B. Case, III Permit 9 48-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted docking facility built over wetlands shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 4) No attempt shall be made by the pennittee to prevent the full and free use by the public of all navigable water at or adjacent to authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The pen- ittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the pennittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 8) This permit authorizes three formalized boat slips. General 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) No open water areas or vegetated shall be excavated or filled, outside the area indicated on the attached workplan drawings. 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 12) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. RECEIVED rEG 13 2018 DCM-MHD CITY Clyde B. Case, III Permit # 48-15 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00481. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED DEC 13 2018 DCM-MHD CITY J ('oN'1' OF`Irll tF, Box fxw NE{1T'oR'P. NORTH CARD LINA 28570_({)08 WUMV AnjwwB ; 26711011ARb 11017LEPARI) TELEPROSE (252) 223-3555 FA!•.ynnLE (252) 223-3890 N.C.G.S. §47-43.1 Execution and acknowledgment of instruments by attorneys or attorney -in -fact. When an instrument purports to be executed by parties acting through another by virtue of a power of attorney, it shall be sufficient if the attorney or attorney -in -fact signs such instrument either in the name of the principal by the attorney or attorney -in -fact or signs as attorney or attorney -in -fact for the principal; and if such instrument purports to be under seal, the seal of the attorney -in -fact shall be sufficient. For such instrument to be executed under seal, the power of attorney must have been executed under seal. EXAMPLE: John Doe by his attorney -in -fact Jane Doe; or Jane Doe, attorney -in -fact for John Doe. RECEIVED DEC 13 2M DCM-MHD CITY STATE OF NORTH CAROLINAPOR OF STATUTORYFOR CLYDE BROWEg ASE III ATTORNEY COUNTY OF CARTERET NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN CHAPTER 32C OF THE NORTH CAROLINA THE GENERAL E ERENT FORMES POWERWHICHEXPRESSLY OATTORNEY TDIFDESIRED BY TIIE PARTIEE OF ANY OTHER OR CONCERNED. , IMPORTANT W ORMATION: THIS POWER OF ATTORNEY authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are ABLE to act for yourself. The meaning of authority over subjects listed on this form is explained in the North Carolina Uniform Power of Attorney Act. THIS POWER OF ATTORNEY does not authorize the agent to make health care decisions for you. YOU SHOULD SELECT someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. � 44' Initials RECEIVED D-G. w.-,yt,�< CITY YOUR AGENT is entitled to reasonable compensation unless you state otherwise in the Additional Provisions and Exclusions. THIS FORM provides for designation of one agent, successor agent, and second successor agent. If you wish to name more than one agent, successor agent, and second successor agent, you may name a coagent, successor coagent, or second successor coagent in the Additional Provisions and Exclusions. Coagents, successor coagents, or second successor coagents are not required to act together unless you include that requirement in the Additional Provisions and Exclusions. IF YOUR AGENT is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. THIS POWER OF ATTORNEY becomes effective immediately. IF YOU HAVE QUESTIONS about this Power of Attorney or the authority you are granting to your agent, you should seek legal advice before signing this form. DESIGNATION OF_AGCENTS: I, CLYDE BROWER CASE III, name the following persons as my agents to act together or independently: Name and Address of Agents: MELANIE YOUNG CASE and JANICE BOX YOUNG 233 Deep Bay Drive 404 Grenville Avenue Newport, North Carolina 28570 New Bern, North Carolina 28560 If either MELANIE YOUNG CASE or JANICE BOX YOUNG should die, resign, or become incapacitated, in that event and thereafter, the remaining one of them shall have full power to act as my agent: INITIAL below if you want to give an agent the power to name a successor agent. (C 6<"� I give to my acting agent the full power to appoint another to act as my agent, and full power to revoke such appointment, if no agent named by me above is willing or able to act. Cam_ Initials Date RECEIVED DEC 13 2018 DCM-ev HD CITY CANT OF GENERAL AUTHORITY: QRAN_TQF GENERAL AUTHORITY: I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the North Carolina Uniform Power of Attorney Act, Chapter 32C of the General Statutes: (INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects, you may initial "All Preceding Subjects" instead of initialing each subject.) (_ Real Property (_) Tangible Personal Property ( Stocks and Bonds _) Commodities and Options Banks and Other Financial Institutions (� Operation of Entity or Business Insurance and Annuities Estates, Trusts, and Other Beneficial Interests Claims and Litigation Personal and Family Maintenance Benefits from Governmental Programs or Civil or Military Service Retirement Plans �--��� Taxes &+ All Preceding Subjects GRANT OF SPECIFIC AUZ fORITY (OPTIONAL) My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below: CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent. 44 af,,-t- Initials RECEIVED DEC 13 2018 DCM-MHD CITY CQF Make a gift, subject to the limitations provided in G.S. 32C-2-217 ( or Create or change rights of survivorship ( C&- Create or change a beneficiary designation a Authorize another person to exercise the authority granted under this power of attorney ( Car'}, f l Waive my right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan C Exercise fiduciary powers that I have authority to delegate �2 I y Disclaim or refuse an interest in property, including a power of appointment ( 11;,Access the content of electronic communications EXERCISE OF SPECIFIC AUTHORITY IN FAVOR OF AGENT (OPTIONAL) ( % 7l �) 1; UNLESS INITIALED, an agent MAY NOT exercise any of the grants of specific authority initialed above in favor of the agent or an individual to whom the agent owes a legal obligation of support. ADDITIONAL PROVISIONS AND EXCLUSIONS (OPTIONAL) EFFECTIVE DATE This power of attorney is effective immediately. NOMINATION OF GUARDIAN (OPTIONAL) INITIAL below ONLY if you WANT your acting agent to be your Guardian. ( IC i 4 fir} If it becomes necessary for a court to appoint a guardian of my estate or a general guardian, I nominate my agent acting under this power of attorney to be the guardian to serve without bond or other security. Initials i Date RECEIVED V"M-OMHD CITY RELIANCE ON THIS POWER OF ATTORNEY RELIANCE ON THIS POWER OF ATTORNEY Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid. MEANING AND EFFECT The meaning and effect of this power of attorney shall for all purposes be determined by the law of the State of North Carolina. The attachment to this Power of Attorney of a physician's 's � or business affairs a that 1 am either physically or mentally incapable of managing y personal condition precedent to the exercise of any powers granted hereunder. SIGNATURE AND ACKNO�GMENT Came - r40t,3-9 (��g CLYDE BROWER CASE LU STATE OF NORTH CAROLINA COUNTY OF CARTERET / a Z /-7 �,.. Date On this the 15' day of, 2018, personally appeared before me the said named CLYDE BROWER CASE to me known and known to me to be the person described in and who executed the foregoing instrument, and he acknowledged that he executed the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true. _ r My Commission expires: 5 1. Notary Public %1610TARV ~G Jj c PU BL% r��f �11��001,� LAST WILL AND TESTAMENT I, CLYDE BROWER CASE III, domiciled in Carteret County, North Carolina, declare this to be my Last Will hereby revoking all Wills and Codicils previously made by me. IMPRIMIS At the present time, my immediate family consists of my spouse, MELANIE YOUNG CASE, my spouse's son, JOSHUA CRAIG SMITH, born June 17, 1982, my spouse's daughter, JENNIFER HELEN O'NEIL, born September 25, 1985, and my spouse's daughter, MADISON GABRIELLE STEPP, born May 3, 2002. CASE. All references in this Will to "my spouse" shall refer to MELANIE YOUNG All references in this Will to "my children" or other similar reference shall refer to my spouse's children named above. All references in this Will to "my issue" shall refer to such children and their issue. Except as otherwise provided, the "children" and "issue" of any individual other than me shall be limited to (i) such individual's natural children and issue and (ii) any person adopted prior to the time such person reaches the age of eighteen (18) years (and shall include the issue of such adopted person, whether natural or by adoption prior to the age of eighteen (18) years). ARTICLE I EXECUTOR PROVISIONS A. Appointment of Executor. I appoint my spouse as Executor of this Will. If my spouse shall predecease me, or for any reason shall fail to qualify as Executor, or having qualified, shall die, resign or become incapable of serving for want of mental or physical condition to act, then I appoint BETH ANN MARTIN as Executor of this Will; and in such capacity BETH ANN MARTIN shall possess and exercise all powers and authority herein conferred upon my Executor. I direct that no bond or other surety be required of any Executor serving hereunder. COPY THE ORIGINAL OF THIS DOCUMENT IS ON FILE IN THE OFFICES OF WARD AND SMITH, PA RECEIVED DEC 13 2018 DCM-MHD CITY B. Expenses. Any individual Executor shall be entitled to reimbursement for out-of-pocket expenses incurred. C. Compensation of Individual Executor. My spouse shall serve as Executor without compensation. Any other individual Executor shall be entitled to reasonable compensation for services as Executor. ARTICLE II TRUSTEE PROVISIONS A. AjTQmtment of Trustee. I appoint my spouse as Trustee of all trusts created under this Will. If my spouse shall predecease me, or for any reason shall fail to qualify as Trustee, or having qualified, shall die, resign or become incapable of serving for want of mental or physical condition to act, then I appoint BETH ANN MARTIN as Trustee and in such capacity, BETH ANN MARTIN shall possess and exercise all powers and authority herein conferred upon my Trustee. B. Expenses. Any individual Trustee shall be entitled to reimbursement for out-of-pocket expenses incurred. C. Compensation_of Individual Trustee. My spouse shall serve as Trustee without compensation. Any other individual Trustee appointed hereunder shall be entitled to reasonable compensation commensurate with the duties and responsibilities assumed. Any individual Trustee appointed by a person having the authority hereunder to make such appointment shall be entitled to receive such compensation, if any, as shall be directed in the instrument appointing such individual as Trustee. D. Compensation of Corporate Trustee. Except as otherwise established in accordance with a written agreement between the Trustee and the person having the authority to appoint a successor Trustee, as compensation for its services as Trustee, any corporate Trustee, if such be the case, shall receive the commissions stipulated in its regularly adopted schedule of compensation in effect and applicable at the time of the performance of such services. E. Resi nation. Remov_al,_and Appointment of Trustee. Each Trustee hereunder (whether originally designated herein or appointed as successor) shall have the right to RECEIVED CFC 13 2018 �w1�1-IVIHD CITY beneficiary under a durable power of attorney who has authority to act and bind the beneficiary, or if none, (ii) the general guardian or guardian of the beneficiary's estate, or if none, (iii) the guardian of the beneficiary's person, or if none, (iv) the beneficiary's parent who is a lineal descendant of my spouse. No one dealing with my Trustee is required to see to the application by my Trustee of the funds or other properties it receives. My Trustee shall not be liable for depreciation in the value of properties held in trust or for reasonable errors of judgment, or for any act, or failure to act, not amounting to negligence, bad faith or positive wrongdoing. No judicial proceeding or approval shall be required with respect to any resignation of a Trustee or the appointment of a successor Trustee; and no approval shall be required by any Court of the accounting or other records of any Trustee hereunder, specifically including the final accounting of the original or other previous Trustee. A successor Trustee may indicate acceptance of the trusteeship by signing an instrument to that effect and delivering it to the then acting Trustee, if any, or by any other method allowed by law. Any successor Trustee hereunder shall possess and exercise all powers and authority herein conferred on the original Trustee. ARTICLE III DISPOSITION OF PERSONAL EFFECTS AND OTHER TANGIBLE PERSONAL PROPERTY I give to my spouse, if my spouse survives me, all of my personal effects and all tangible personal property not otherwise specifically gifted, including automobiles (owned by me and held for personal use at the time of my death), coins, stamps and any collectibles, but excluding all cash (other than collectible bills and coins), intangibles and any tangible personal property customarily used in connection with any business in which I shall be engaged or interested at the time of my death. If my spouse does not survive me, I give the above -described property, subject to the exceptions, to my Executor to be divided into two (2) parts. The first part shall contain such property as my Executor determines I would wish to have preserved for my children and issue. RECEIVED 4 DEC 13 2018 Dp:u;0-11HD CITY The second part shall contain the balance of such property, if any. I direct my Executor to store or deliver the first such part in substantially equal shares to my surviving children and the surviving issue of deceased children as my Executor, in its sole discretion, may determine. I direct my Executor to dispose of the second part by sale (with the proceeds to be distributed as part of my residuary estate) or otherwise as my Executor, in its sole discretion, shall determine to be appropriate under the circumstances then existing. Any determination or division of property made or other action taken by my Executor pursuant to the provisions of this Article shall be conclusive and binding upon all persons interested in my estate. In any distribution under this Article, if any beneficiary shall be a minor or under any other legal disability, my Executor may deliver such beneficiary's share to the person with whom such beneficiary is residing, to such beneficiary's legal guardian, to itself or any other person my Executor shall select as custodian under the North Carolina Uniform Transfers to Minors Act, to the trustee of any trust of which such person is a current beneficiary or directly to such beneficiary. The receipt of the guardian, the person with whom such beneficiary resides, the custodian, the trustee or such beneficiary shall constitute a full acquittance of my Executor with respect to the legacy so delivered. I direct that any expenses incurred in safeguarding or delivering such property be paid from my estate as an administration expense thereof. I request that any written instructions or directions which I may leave as to further distributions of tangible personal property be honored. ARTICLE IV DISPOSITION OE RESIDUARY ESTATE I give all of the remainder of my property which I may own at the time of my death, real or personal, tangible or intangible, of whatsoever nature and wheresoever situated, including all property which I may acquire or become entitled to after the execution of this Will, and including all lapsed gifts or other gifts made by this Will which fail for any reason (but excluding any property over or concerning which I may have any power of appointment), hereinafter referred to as my residuary estate, to my Executor to be distributed as follows: RECEIVED DEC 13 m8 DCM-MHD CITY A. If Spouse Survives. If my spouse survives me, then my residuary estate shall be administered and disposed of as follows: I. Estate Tax Exists. If the federal estate tax law is in effect at the time of my death, then my residuary estate shall be administered and disposed of as follows: a. Credit Shelter Bequest. The Credit Shelter Bequest, as defined in this Will, shall be distributed to my Trustee, in trust, called the Family Trust, and administered and disposed of in accordance with ARTICLE V. b. Marital Bequest. The Marital Bequest, as defined in this Will, shall be distributed to my Trustee, in trust, called the Marital Trust, and administered and disposed of in accordance with ARTICLE VI. 2. Estate Taal Does Not Exist. If the federal estate tax law is not in effect at the time of my death, then my residuary estate shall be distributed to my Trustee, in trust, called the Marital Trust, and administered and disposed of in accordance with ARTICLE VI. 3. Disc aimer. My spouse shall have the right to disclaim all or any portion of the property allocated to the Marital Trust or the Credit Shelter Bequest. Any disclaimed property which would otherwise pass to the Marital Trust shall be added to and become a part of the Family Trust to be administered and disposed of in accordance with ARTICLE V. Any disclaimed property which would otherwise pass as part of the Credit Shelter Bequest shall be administered and disposed of in accordance with paragraph B, as if my spouse did not survive me. B. If Spouse Does Not Survive. If my spouse does not survive me, then my residuary estate shall be administered and disposed of in accordance with ARTICLE VII. C. General Provision Rertardinp. Tax Laws. For purposes of this Article, a tax law is "in effect" at the time of my death if the law applies to my estate, regardless of whether such law is enacted and made effective before my death or is enacted after my death but is made effective retroactively to a date on or before my death. RECEIVED DEC 13 2018 6 ')CM-MHD CITY ARTICLE V FAMILY TRUST The Family Trust shall be administered and disposed of as follows: A. Income. All or any part of the net income derived from this trust may be paid to or applied for the benefit of my spouse and my father, not necessarily in equal shares or amounts, as my Trustee shall from time to time determine for the health, education, support or maintenance of my spouse and father. Any income not so used may be accumulated as income or may be transferred to principal and reinvested; and any funds so accumulated may subsequently be used in any manner as provided herein. B. Princi al. If my Trustee determines that the income available to my spouse and my father from all sources shall not be sufficient to meet the reasonable needs of my spouse and my father, then in that event, I authorize my Trustee to pay to or apply for the benefit of my spouse and my father, not necessarily in equal shares or amounts, so much of the principal of this trust as my Trustee shall from time to time deem requisite or desirable for the health, education, support or maintenance of my spouse and my father. C. Distribution on Death. On the death of the second to die of my spouse and father, the assets then constituting this trust shall be disposed of in accordance with ARTICLE VII. ARTICLE VI MARITAL TRUST The Marital Trust shall be administered and disposed of as follows: A. Income. During the lifetime of my spouse, all of the net income derived from this trust shall be paid to or applied for the benefit of my spouse in monthly or quarterly installments. B. Principal. If the income payable to my spouse in accordance with paragraph A above, supplemented by income, other than capital gains, available from other sources to my spouse, shall not be sufficient to meet the reasonable needs of my spouse in my spouse's station in life, I authorize my Trustee to pay to or apply for the benefit of my spouse so 7 much of the principal of this trust as my Trustee shall from time to time deem requisite or desirable for the health, education, support or maintenance of my spouse —even to the full extent of the entire principal of this trust. C. Distribution on Death of Spouse. On the death of my spouse, the assets then constituting this trust shall be administered and disposed of in accordance with ARTICLE VII. D. Authority to Withhold for Taxes. On the death of my spouse, the Trustee shall be authorized to withhold distribution of an amount of property sufficient, in its judgment, to cover any liability that may imposed on the Trustee for estate or other taxes until such liability is finally determined, and the Trustee shall be authorized to pay such funds or properties to my spouse's estate or directly to the appropriate taxing authorities. Any such payment may be. made on or before the due date of such taxes in order to avoid forcing my spouse's estate to pay such taxes and seek reimbursement from this trust or the beneficiaries hereunder. follows: ARTICLE VII DISTRIBUTION TO BENEFICIARIES Any property passing under this Article shall be administered and disposed of as A. Share for Issue of JOSHUA CASE and JESSICA CASE. Fifty percent (50%) thereof shall be distributed as provided below. For purposes of this paragraph A, the "issue" of JOSHUA CASE and JESSICA CASE shall be limited to such individual's natural children and issue and shall not include any adopted person. 1. Share for Issue of JOSHUA CASE. One-half (1/2) thereof (or all thereof if no issue of JESSICA CASE shall then be living) shall be divided into equal shares so that there is one equal share for each then living child of JOSHUA CASE and one equal share for each then deceased child of JOSHUA CASE who leaves then surviving issue. Each share set aside for a living child of JOSHUA CASE shall be distributed to such child, and each share set aside for the issue of a deceased child of JOSHUA CASE shall be distributed to such issue, per stirnes -- all subject to paragraph A of ARTICLE XI. If no issue of JOSHUA CASE shall then be living, such share shall be distributed in accordance with subparagraph 2 below. 2. Share for Issue of JESSICA CASE. One-half (1 /2) thereof (or all thereof if no issue of JOSHUA CASE shall then be living) shall be divided into equal shares so that there is one equal share for each then living child of JESSICA CASE and one equal share for each•then deceased child of JESSICA CASE who leaves then surviving issue. Each share set aside fora living child of JESSICA CASE shall be distributed to such child, and each share set aside for the issue of a deceased child of JESSICA CASE shall be distributed to such issue, per stimes -- all subject to paragraph A of ARTICLE XI. If no issue of JESSICA CASE shall then be living, such share shall be distributed in accordance with subparagraph 1 above. B. Remainder. The remainder thereof (or all thereof if no issue of JOSHUA CASE and JESSICA CASE shall then be living) shall be administered and disposed of in accordance with ARTICLE VIII. ARTICLE VIII DISTRIBUTION TO CHILDREN Any property passing under this Article shall be distributed to my Trustee, in trust, for the benefit of my children and administered and disposed of as follows: A. Trust for Children and Issue. All or any part of the net income and principal of this trust may be paid to or applied for the benefit of my living children and the issue of any deceased child of mine as my Trustee shall from time to time determine for the health, education, support or maintenance of such children and issue. Any income not so used may be accumulated as income or may be transferred to principal and reinvested; and any funds so accumulated may subsequently be used in any manner as provided herein. When my youngest living child reaches the age of twenty-three (23) years or at the death of my last living child, whichever first shall occur, this trust shall be divided into equal shares so that there is one equal share for each then living child of mine and one equal share. for each then deceased child of mine who leaves then surviving issue. I direct that such equal shares shall be administered and disposed of as provided below. B. Distribution to Children. Each share set aside for a living child of mine who has reached the age of thirty-five (35) years shall be distributed to such child. Each share set aside for a living child of mine who has not reached the age of thirty-five (35) years shall be distributed to my Trustee, in trust, for the benefit of such child to be administered and disposed of as provided in paragraph D below. C. Distribution to Issue of Deceased Children. Each share set aside for the issue of a deceased child of mine shall be distributed to such issue, per gjmgs, subject to paragraph A of ARTICLE XI. D. Separate Trusts for Children. All or any part of the net income or principal of a child's trust shall be paid to or applied for the benefit of such child in such manner and at such intervals and in such amounts as my Trustee from time to time shall deem requisite or desirable for the health, education, support or maintenance of such child. Any income not so used may be accumulated as income or may be transferred to principal and reinvested; and any funds so accumulated may subsequently be used in any manner as provided herein. At any time after such child reaches the age of twenty-five (25) years, such child may withdraw principal and income from such child's trust, at such times as such child may elect, in aggregate amount not to exceed one-half (1/2) of the "distribution amount." At any time after such child reaches the age of thirty-five (35) years, such child may withdraw principal and income from such child's trust in such amounts and at such times as such child may elect, even to the exhaustion of the trust assets. The "distribution amount" shall be the sum of (i) the value of such child's trust as of December 31 of the prior calendar year (or as of the date of initial funding of the trust if a withdrawal is made during the first year), and (ii) the value of all previous withdrawals (if any) from such trust by such child prior to the end of such preceding calendar year valued as of the date or dates of such withdrawals. Such right of withdrawal shall he exercised, if at all, by such child's notifying my Trustee in writing to such effect. A child shall have the right to appoint part or all of the principal of such child's trust as such child may determine to and among one or more or all of the creditors of such child's estate; provided, however, that such child shall not have the right to appoint anyPppal'tCbRAQ DEC 13 [018 10 DCM-MHD CITY that is wholly exempt from generation -skipping transfer tax under the generation -skipping provisions of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any tax law (the "GST Exempt Trust"), or the "Limited Share" of a trust that is not wholly exempt (the "GST Non -Exempt Trust"). Such right shall be exercised, if at all, by such child by an effective Will or Codicil specifically referring to this power of appointment. My Trustee may rely upon an instrument admitted to probate in any jurisdiction as the Last Will of such child, but if it has no written notice of the existence of such a Will within a period of three months after the death of such child, it may be presumed that such child died intestate, and my Trustee shall be protected in acting in accordance with such presumption. If this power of appointment shall not be effectively exercised as to all or any portion of such trust, then, on the death of such child, so much of such child's trust as shall not have been disposed of by the effective exercise of such power of appointment shall be distributed to such child's then living issue, per stirpes, subject to paragraph A of ARTICLE XI; or if such child has no issue then living, to my then living issue, per stirpes, and their respective shares or proportions shall be administered and disposed of in accordance with the terms and provisions of the trusts created under this Article for the benefit of my children, or under paragraph A of ARTICLE XI for the benefit of my more remote issue, as the case may be. For purposes of the power of appointment granted hereunder, the "Limited Share" of the GST Non -Exempt Trust is that portion of the child's GST Non -Exempt Trust at the child's death which, if excluded from the child's gross estate for federal estate tax purposes and in default of the exercise of the power of appointment granted under this Article, would pass only to one or more persons assigned to the child's generation or a higher generation for federal generation -skipping transfer tax purposes. ARTICLE IX GUIDELINES IN MAKING DISTRIBUTIONS The following provisions apply to all trusts created under ARTICLE VIII and paragraph A of ARTICLE XI of this Will: 11 Prior to making any distribution otherwise permitted to be made to a beneficiary, my Trustee shall consider whether such beneficiary is suffering from a chemical dependency to alcohol or drugs and whether such distribution would be in the best interests of such beneficiary. In the event that my Trustee determines, in its sole discretion, that such beneficiary is suffering from a chemical dependency and that a distribution would not be in the best interests of such beneficiary, my Trustee shall have the right to withhold such distribution. To assist my Trustee in determining whether such beneficiary is suffering from a chemical dependency to alcohol or drugs, my Trustee shall have complete discretion to require tests for drug or alcohol use and to pay the costs of tests and analysis from the trust assets. Tests may be announced or unannounced. My Trustee shall have absolute discretion to interpret any test results as it deems proper. If such beneficiary refuses to submit to a test, my Trustee shall be entitled to conclude that such beneficiary is suffering from a chemical dependency. In the event my Trustee deems that such beneficiary is suffering from a chemical dependency, then my Trustee may (but shall not be required to) pay costs of treatment from income or principal directly to any hospital or rehabilitation center at which such beneficiary is seeking medical services or treatment, whether as an in -patient or an out -patient. ARTICLE X GENERAL PROVISIONS REGARDING THE CREDIT SHELTER BEQUEST AND THE MARITAL BEQUEST A. "Credit Shelter Bequest" Defined. The "Credit Shelter Bequest" shall be that fraction of my residuary estate, the numerator of which shall be equal to the largest amount, if any, that can pass free of federal estate tax by reason of the applicable credit amount, any tax referred to in Section 2001(b)(2) of the Code, any state death tax credit, and any other allowable credits, exclusions, or exemptions (but only to the extent that the use of any credit for state death taxes does not increase the death tax payable to any state), and the denominator of which shall be equal to the value of my residuary estate. The numerator of this fraction will be reduced by (i) the value of my adjusted taxable gifts, (ii) the value of all other dispositions of property (whether passing pursuant to this Will or outside of this Will) which is includable in my gross 12 estate and does not qualify for the marital or charitable deduction, and (iii) charges to principal that are not allowed as deductions in computing my federal estate tax (including death taxes imposed upon my estate). The values as finally determined for federal estate tax purposes shall be used in ascertaining this fraction. I recognize that (i) it is possible that no property may be distributed under the Credit Shelter Bequest; and (ii) the Credit Shelter Bequest may be affected by the exercise of certain tax elections. B. "Marital Bequest" Defined. The "Marital Bequest" shall be the remainder of my residuary estate after the Credit Shelter Bequest has been funded. My Executor is authorized to determine whether or not an election shall be made to qualify all or any part of any terminable interest property for the marital deduction, but the computation of the Marital Bequest and the Credit Shelter Bequest shall be made on the assumption that my Executor has made the election to qualify all of the Marital Bequest for the estate tax marital deduction as qualified terminable interest property, regardless of whether or not such election is made. If any portion of the Marital Bequest shall not qualify for the estate tax marital deduction, that portion not so qualified may, in the discretion of my Trustee, be set apart as a separate trust to be administered under the same terms and provisions as provided herein for the qualified terminable interest property trust. The pro rata share of the federal estate tax payable by reason of my death which is attributable to that portion of the Marital Bequest not qualified for the marital deduction shall be charged against and paid from the assets comprising the non -qualified portion thereof. C. Payment of Income During Administration.. Prior to the satisfaction in full of the Marital Bequest, my spouse shall be entitled to a portion of the income of my residuary estate commensurate with the portion of my residuary estate designated as the Marital Bequest. Such income shall be paid to or applied for the benefit of my spouse at such time or times as may be determined by my Executor during the settlement of my estate, but no later than the satisfaction in full of the Marital Bequest. 13 I further direct that any income taxes paid by my Executor in respect of income attributable to the Marital Bequest shall be charged to and deducted from the net income payable under this paragraph in such equitable manner as my Executor shall determine. The determination of my Executor as to the amount of income to which my spouse is entitled under this paragraph shall be final and conclusive as to all persons interested or clainvng to be interested in my estate. D. General Provisions Rep arding-Marital Bequest. To the extent possible, I direct that the Marital Bequest shall be satisfied only out of assets that qualify for the marital deduction under the provisions of the Internal Revenue Code applicable to my estate or out of the proceeds of such assets, and that the Marital Bequest shall not be reduced by any estate, inheritance, generation -skipping transfer taxes, or similar taxes paid out of property passing under this Will. To the extent, also, that other assets qualifying for the marital deduction are available, the Marital Bequest shall not be satisfied by the distribution of: assets with respect to which a credit for foreign taxes paid is allowable under the federal Internal Revenue Code; or policies of insurance on the life of my spouse or any other person. Except as otherwise expressly provided herein, the decision of my Executor as to which assets shall be distributed in satisfaction of the Marital Bequest; as to whether or not my estate shall be valued under the optional valuation provisions of the federal estate tax law; as to whether or not an election shall be made to qualify all or any part of any terminable interest property for the marital deduction; as to what tax elections shall be exercised; and as to what proceedings are necessary to complete the ascertainment of the federal estate tax, shall be conclusive and binding on all persons, and no compensating adjustments between income and principal or between the Marital Bequest and other bequests shall be required to be made as a result of such tax elections exercised by my Executor. It is my intention that the Marital Bequest shall qualify for the marital deduction. My Executor shall be vested with all of the discretionary powers herein conferred, but neither my Executor nor Trustee (if any) shall have any power or authority to exercise any of such discretionary powers in any manner which would disqualify the Marital Bequest for the marital 14 deduction (except that this provision shall not prohibit an election not to qualify all or any part of any terminable interest property for the marital deduction); and accordingly, all other provisions of this Will shall be subordinate to this requirement. E. Definitions. As used in this Will, the term "federal estate tax" means the tax imposed on the transfer of a decedent's estate pursuant to Chapter 11 of the Internal Revenue Code of 1986, as amended (the "Code"), or any similar tax imposed under any subsequent tax law, whether or not specifically denominated as an "estate tax." Whenever used in this Article, the words "marital deduction," "pass," "gross estate," "applicable credit amount," and "terminable interest property" shall have the same meaning as such words have under the provisions of the Code applicable to my estate. F. Qualified Retirement Plan and Individual Retirement Account. If I am a participant in a qualified retirement or deferred compensation plan (plan) (described in Section 401(a), 403(a), 403(b) or 457 of the Internal Revenue Code) or am the owner of an individual retirement account (IRA) (described in Section 408(a) or 408A of the Internal Revenue Code) (hereinafter referred to as "the account"), and if my Trustee shall allocate all or any portion of the account to a Marital Trust hereunder, then the following provisions shall apply: 1. Distribution of Income and Principal. My Trustee shall direct that the balance of such Marital Trust's share of the account as of the date of my death be paid to such Marital Trust at least annually in amounts which are equal to the greater of (i) all of the income of such share of the account, or (ii) the minimum distribution amount required to be distributed in accordance with Section 401(a)(9) or Section 408(a)(6) of the Internal Revenue Code and the regulations thereunder. My Trustee, in its discretion, may direct that additional amounts of principal of such share of the account be paid to such Marital Trust. Upon the death of my spouse, if the entire balance of such share of the account is not otherwise payable to my Trustee, my Trustee shall direct that all the undistributed income of such share of the account, including income accrued to the date of my spouse's death, be paid to such Marital Trust. 15 2. Determination and Allocation of Account Income. All expenses of such Marital Trust allocable to principal, including but not limited to income taxes payable on distributions from the account, shall be charged to principal of such Marital Trust and not to the portion of such share of any account distributions representing account income. My Trustee shall allocate to the income of such Marital Trust (i) at least annually during my spouse's lifetime, an amount equal to the income of such share of the account, and (ii) upon my spouse's death, an amount equal to the income of such share of the account accrued to the date of my spouse's death but not previously allocated to income so that the income of such share of the account so allocated shall constitute income of such Marital Trust to be disposed of in accordance with,paragraph A of such Marital Trust above. 3. Right to Convert Unnroductive Property. My Trustee shall require that any unproductive property in such Marital Trust's share of the account payable or allocated to such Marital Trust be converted into productive property within a reasonable time upon receipt of signed instructions from my spouse to this effect. ARTICLE XI GENERAL TRUST PROVISIONS A. Trust to Specified Age. Except as otherwise provided in this Will, if any of the funds and properties constituting a part of my estate shall vest in any person who shall be under thirty-five (35) years of age at the time of vesting thereof in accordance with the foregoing provisions of this Will, such funds and properties so vesting nevertheless shall pass to and be held by my Trustee and be administered as a separate trust. All or any portion of the net income therefrom or the principal thereof shall be applied, in such manner and at such intervals and in such amounts as my Trustee shall deem requisite or desirable for the health, education, support or maintenance of such person. Any income not so used may be accumulated as income or may be transferred to principal and reinvested; and any funds so accumulated may subsequently be used in any manner as provided herein. At any time after such person reaches the age of twenty-five (25) years, such person may withdraw principal and income from such person's trust, at such times as such person 16 may elect, in an aggregate amount not to exceed one-half (1 /2) of the "distribution amount." At any time after such person reaches the age of thirty-five (35) years, such person may withdraw principal and income from such person's trust in such amounts and at such times as such person may elect, even to the exhaustion of the trust assets. The "distribution amount" shall be the sum of (i) the value of such person's trust as of December'31 of the prior calendar year (or as of the date of initial funding of the trust if a withdrawal is made during the first year), and (ii) the value of all previous withdrawals (if any) from such trust by such person prior to the end of such preceding calendar year valued as of the date or dates of such withdrawals. Such right of withdrawal shall be exercised, if at all, by such person's notifying my Trustee in writing to such effect. If such person shall die prior to the termination of his or her trust, the assets constituting such person's trust at the time of his or her death shall be distributed to the executors or administrators of such person's estate. B. Trustee to Consider Other Income. Whenever authorized to make a discretionary disbursement of income or principal from any trust created under this Will to any beneficiary thereof, my Trustee may take into consideration any other income (other than capital gains) or property which such beneficiary or other person may have from any other source. For all such sums so disbursed, my Trustee shall have full acquittance. All such disbursements shall be charged against the trust fund from which they are made, and shall not be charged against any individual share subsequently divided and distributed to any beneficiary. C. Maximum Duration for Trusts. The maximum duration for trusts created hereunder is the longest period that property may be held in trust under the applicable rules governing perpetuities, vesting, accumulations, the suspension of alienation and the like. Upon the expiration of the applicable period, a trust shall terminate. In the event of such termination, in the absence of other specific vesting provisions contained in this instrument, the assets thereof shall be distributed outright to such persons as are then entitled to the income therefrom and in the same proportions; but if no person is then entitled to a specific portion of income, then to the living income beneficiaries, per §times. This paragraph shall also apply to a trust created by the 17 exercise of a power of appointment conferred by this instrument (unless the exercise of the power of appointment expressly commences a new rule against perpetuities or similar rule that limits the time that property may remain in trust). D. Direct Distributions. In the event that the contingencies provided in this Will for the disposition of my trust estate to my beneficiaries shall occur prior to the delivery of my residuary estate to my Trustee as herein provided, I direct that such residuary estate not be delivered to my Trustee and that my Executor shall make the division and distribution of such residuary estate directly to my beneficiaries pursuant to the terms of this Will. E. Advancements to Beneficiaries. During the existence of any trust created hereunder, my Trustee is authorized from time to time to transfer and deliver to any beneficiary of such trust after the attainment of twenty-one (21) years of age by such beneficiary, discharged of the trust, all or any part of the funds and properties then constituting such beneficiary's proportionate share of the trust for the purpose of such beneficiary buying a home, entering a business or profession or for any other purpose my Trustee shall deem proper, provided that my Trustee determines that such beneficiary has demonstrated to my Trustee his or her need and further has manifested such habits of industry and thrift together with sufficient financial acumen and business ability to qualify such beneficiary prudently to use and manage such funds and properties. Provided, further, that if my Trustee is a beneficiary of such trust, any such distributions to my Trustee shall be limited to those requisite for his or her health, education, support, or maintenance. There shall be no interest charged on any advancements made pursuant to this paragraph and any such advancements made to a beneficiary shall be deducted from his or her share or the share of his or her successors in interest upon distribution of the trust estate. F. No Assignment or Alienation. All trusts created hereunder shall be "spendthrift" trusts. No interest of a beneficiary in a trust created hereunder shall be voluntarily or involuntarily alienated or encumbered by such beneficiary except as may be otherwise expressly provided herein. G. Governing Law and Principal Place of Administration. All trusts crested hereunder (except as herein otherwise expressly provided) shall be governed by and construed in III accordance with, and the administration of properties held in any trust created hereunder shall be determined by, the laws of the State of North Carolina without regard to my domicile or residence or the situs of any property held in any trust created hereunder. The principal place of administration for a trust shall be the State of North Carolina. Provided, however, my Trustee may change the governing law or principal place of administration without notice to of consent of the beneficiaries if it deems such change to be in the best interests of the beneficiaries. H. Termination of Uneconomic Trusts. Except as otherwise provided in this Will, if during the administration of any trust or trusts hereunder, the Trustee determines that the value of any such trust is such that the continuation thereof is uneconomic or the Trustee determines that the continuation of such trust is not in the best interests of the beneficiaries, then the Trustee (excluding any Disqualified Trustee, as defined below) may terminate any such trust or trusts and deliver the assets, discharged of all trusts, to the surviving beneficiaries who are then or would have been entitled to the income therefrom and in the same proportions; but if no beneficiary is then entitled to a specific portion of such income, then to the living income beneficiaries, Mr sthM. If any beneficiary shall be under the maximum age permitted under North Carolina law for assets held in custodianship for minors, the assets otherwise passing to such beneficiary may be delivered to any person the Trustee shall select as Custodian under the North Carolina Uniform Transfers to Minors Act. I. Trustee Mav Confer Power. The Trustee (excluding any Disqualified Trustee, as defined below), at any time prior to the death of any person for whom a trust shall have been established herein ('Beneficiary"), by an instrument in writing may: (1) confer upon the Beneficiary a power exercisable only by a Last Will and Testament to appoint all or part of the assets of such trust to the creditors of the Beneficiary's estate (other than any taxing authority), and the instrument conferring such power may require consent of the Trustee (other than a Disqualified Trustee); (2) revoke any such instrument previously executed, with or without executing a replacement instrument; and/or (3) irrevocably relinquish the powers conferred under (1) and (2). Without limiting the Trustee's discretion, the Trustee may use the authority conferred by this paragraph to subject the trust property to estate tax instead of the 19 generation -skipping transfer tax when it appears that it may reduce overall taxes to do so. The Beneficiary's power conferred by this paragraph shall not be exercisable in any manner so as to postpone the vesting of any estate or interest in the appointed property or to suspend the absolute ownership or power of alienation of the appointed property for a period ascertainable without regard to the date of my death, and the validity of any exercise shall be measured with respect to that date. J. Restrictions on Exercise of Powers. Notwithstanding any provisions herein to the contrary, the powers granted in paragraphs H and I above shall not be exercised by any Disqualified Trustee, as defined below. As used in this Article, "Disqualified Trustee" means a Trustee who is: (i) a transferor of property to the trust, including a person whose qualified disclaimer resulted in property passing to the trust; or (ii) a person who is or in the future may be eligible to receive income or principal pursuant to the terms of the trust. A Trustee described in (i) is a Disqualified Trustee only with respect to the transferred property (including income and gain on, and reinvestment of, such property). A person is described in (ii) even if he or she has a remote contingent remainder interest, but is not described in (ii) if the person's only interest is as a potential appointee under a power of appointment held by another person in his or her individual capacity, the exercise of which will take effect only in the future, such as a testamentary power held by a living person. Such powers may be exercised only by the Trustee or Trustees who are not Disqualified Trustees. If there is no Trustee who is not a Disqualified Trustee, such powers may be exercised by a special fiduciary appointed by the court pursuant to the provisions of North Carolina General Statutes, Section 36C-8-814. Any corporate fiduciary so named or otherwise appointed shall be entitled to reasonable compensation commensurate with the duties and responsibilities assumed. K. Release from Liabilitv. The Trustee shall not be held liable to the trust or to any beneficiary or third -party for any loss, damages, or other consequences resulting from its action or failure to act with respect to the powers granted in paragraphs H and I above, and the trust shall indemnify the Trustee against any and all claims, liabilities, penalties, and cost, including attorney's fees, rising from any error of judgment, mistake of law, or any action or PIC failure to act by the Trustee, unless such liability or loss shall be proven by clear and convincing evidence to have resulted directly from the Trustee's gross negligence or willful misconduct. ARTICLE XII PAYMENT OF DEBTS AND EXPENSES I direct that all of my just debts, including unpaid charitable pledges whether or not the same are enforceable obligations of my estate, my last illness expenses, my funeral expenses including the cost of a suitable monument at my grave (whether or not such expenditures exceed the limitations otherwise imposed by law) and the cost of administration of my estate be paid out of the assets of my estate as soon as practicable after my death. In the event that any property passing by reason of my death shall be encumbered by any lien, the indebtedness secured by the lien shall not be charged to or paid from my estate; and the beneficiary shall take such property subject to all encumbrances existing at the time of my death. Provided, however, that my Executor shall have the discretionary authority to pay any such indebtedness if such payment does not increase the share of the beneficiary entitled to any such encumbered asset. ARTICLE XIII PAYMENT OF TAXES I direct that all estate, inheritance and generation -skipping transfer taxes and other taxes in the general nature thereof (but specifically excluding any generation -skipping transfer taxes which are not imposed as a result of a generation -skipping transfer made by me either during my lifetime or at my death, and also specifically excluding any taxes payable by .reason of the inclusion in my gross estate of any property in which I had a qualifying income interest for life) together with any interest or penalty thereon, which shall become payable by reason of my death, whether or not the property taxed passes under this Will, shall be equitably allocated among the beneficiaries interested in my estate to whom such property is or may be transferred or to whom any benefit accrues. For purposes of the federal estate tax or any tax in the general nature thereof, such allocation shall be made in the proportion that the *b fl boperty, OF" f3Z018 21 D�', ,o-MHD CITY interest or benefit of each such beneficiary bears to the total value of the property, interests and benefits received by all of such beneficiaries interested in my estate, except that in making such allocation allowances shall be made for any exemptions granted by the law imposing the tax and for any deductions, specifically including the marital deduction and the charitable deduction, allowed by such law for the purpose of arriving at the amount of the tax. For purposes of any state inheritance tax, or any tax in general nature thereof, such allocation shall be made on the basis of the tax computed on the shares of the respective beneficiaries. Provided, however, that no interest in income and no estate for years or for life or other temporary interest in any property or fund (including, but not limited to, interests in trust) shall be subject to apportionment as between the temporary interest and the remainder; and both the tax on the temporary interest and the tax on the remainder shall be paid from the corpus of the property or funds subject to the temporary interest and the remainder. As far as practicable my Executor shall deduct the amount of such taxes allocable to each beneficiary from the amount distributable to such beneficiary and shall recover from all others for the benefit of my estate their allocable parts of such taxes. Notwithstanding the foregoing, if any of the above -described taxes shall become payable with respect to any property passing under ARTICLE III, such taxes shall be paid by my Executor out of that portion of the principal of my residuary estate not qualifying for the marital or charitable deduction, and I direct that no part of any such taxes be charged against or collected from the organization or person receiving or in possession of the property taxed, or receiving the benefit thereof. If my spouse does not survive me, then under the Will of my spouse dated the &�A ay of 2Vj�ir,-G A , 2016, there is created a qualified terminable interest property trust. The assets in such trust or any other qualified terminable interest property trust at my death or some portion thereof will be included in my gross estate, and such inclusion may increase the taxes assessed upon my estate. Therefore, my Executor shall direct the Trustee under the Will of my spouse, or the Trustee or other person in possession of any qualified terminable interest property included in my estate, to pay to the appropriate tax authorities, when due, so much of 22 the death taxes due by reason of my death (together with any interest and penalties thereon) as my Executor determines to represent the increase in such taxes, interest and penalties fairly attributable to such trust property --to the end that the death taxes (together with any interest and penalties thereon) which shall be paid from my estate shall not exceed such taxes, interest and penalties computed as if this trust property were not taxable in my estate. In the absence of such payment by such Trustee directly to the appropriate tax authorities, I direct my Executor to seek reimbursement from such trust or the beneficiaries thereof for the taxes, interest and penalties as determined above. If any other qualified terminable hiterest property is included in my gross estate, nothing herein shall be interpreted as limiting the right of my Executor to recover from the beneficiary receiving such property the death taxes (together with any interest and penalties thereon) attributable to such property. ARTICLE XIV POWERS OF EXECUTOR AND TRUSTEE A. General Powers. I hereby grant to my Executor and also to the Trustee of each trust established hereunder, including any substitute or successor personal representative or Trustee, the continuing absolute, discretionary power to deal with any property, real or personal, held in my estate or in any trust, as freely as I might in the handling of my own affairs, including the power to make any tax elections available to my estate or any trust created hereunder. Such power may be exercised independently and without prior or subsequent approval of any court or judicial authority, and no person dealing with the Executor or Trustee shall be required to inquire into the propriety of any of their actions. Without in any way limiting the generality of the foregoing and subject to North Carolina General Statutes, Section 32-26,1 hereby grant to my Executor and also to my Trustee hereunder all the powers set forth in North Carolina General Statutes, Sections 32-27 and 36C-8-815(a)(2) (which includes all of the powers set forth in Section 36C-8-816), and these powers hereby are incorporated by reference and made a part of this instrument and such powers are intended to be in addition to and not in substitution of the powers conferred by law. 23 B. Liability for Actions of Predecessor. Any successor Executor, any successor Trustee, or any Trustee that did not serve as Executor is authorized and directed to accept from any prior Executor or Trustee the assets delivered by such prior Executor or Trustee on the basis of the accounting therefor as submitted by such prior Executor or Trustee, without requiring an audit or other independent accounting of the acts of such prior Executor or Trustee, and any successor Executor or Trustee shall not have any duty, responsibility, obligation or liability whatsoever for the acts or omissions of any prior Executor or Trustee. C. Power to Select Assets. Notwithstanding any provision herein to the contrary, I specifically grant to my Executor and Trustee the power to make distributions. (including the satisfaction of any pecuniary bequests) in cash or in specific property, real or personal, or an undivided interest therein, or partly in cash and partly in such property, and in installments or all at one time. Assets distributed in kind shall be valued at their date or dates of distribution values. D. Power to Retain Assets. My Executor and Trustee are authorized to retain as an asset of my estate or any trust created under this Will any property owned by me at the time of my death. Such authority shall not impair the power of sale or exchange or other powers or discretion given the Executor or Trustee, but if such assets or any of them are retained by my Executor or Trustee for the duration of the administration of my estate or any trust, or for any shorter period of time, my Executor or Trustee shall not be responsible or liable for any loss or decrease in the value of such assets or any of them, or the estate or trust, by reason of such retention. Notwithstanding any other provisions of this Will, however, my spouse shall have the right at any time and from time to time to compel my Trustee to convert any non -income producing property held in the Marital Trust established under this Will for the benefit of my spouse into income producing property by delivering to my Executor or Trustee a written notice to that effect. E. Loans. My Trustee is authorized to lend money for such periods of time and upon such terms and conditions as to rates, maturities, renewals and securities as my Trustee 24 shall deem advisable, to my estate or to any trust created by me, by my spouse or by any child of mine. This power is granted to my Trustee whether or not the individual or corporation serving as Trustee is the personal representative of my estate or the Trustee of the trust to which such money is loaned. F. Discharge of Legal Obligation. No Trustee may exercise any power or authority to distribute trust property (including income) in order to discharge a legal obligation of such Trustee to any beneficiary. The benefits provided in this Will are in addition to and not in substitution for, any legal obligation of any person to a beneficiary, and my Trustee may not use trust property to satisfy the Trustee's legal obligation or the legal obligation of any individual who has the right to remove and replace my Trustee. G. Borrow Money. My Trustee is authorized to borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and securities as my Trustee shall deem advisable, including the power of a corporate Trustee, if any, to borrow from its own banking department, and to deposit the proceeds of such loan into the trust corpus of any trust created hereunder and to use the proceeds for any valid trust purpose, including, but not limited to, making investments, operating a business, making income or principal distributions to beneficiaries, or paying any debts, taxes, or other charges against any trust created hereunder. In connection with such borrowings, my Trustee shall also have the power to mortgage, pledge, or otherwise encumber any trust assets to secure such loans. Anyone dealing with my Trustee is not required to see to the application by my Trustee of any funds it receives as a result of any such loan. Without limiting the generality of the foregoing, during the lifetime of my spouse, my Trustee may, in its sole discretion, mortgage or otherwise encumber any property, real or personal, of any trust created hereunder for the benefit of my spouse to secure any loan made by a third party to my spouse individually; provided, however, that if my spouse is serving as Trustee of such trust, then such power shall not be exercised by my spouse but shall be exercised by a special Trustee who is appointed by my spouse for the sole purpose of exercising this ?A1 authority and who is not a "related or subordinate party" to my spouse within the meaning of Section 672(c) of the Internal Revenue Code. H. Power to Divide Trusts. If any portion of a trust created under this Will shall be subject to a generation -skipping transfer tax under the generation -skipping provisions of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any tax law, that portion which is subject to such generation -skipping transfer tax may, in the discretion of my Trustee, be set apart as a separate trust either before or after the establishment, creation or funding of such trust, to be administered under the same terms and provisions as herein provided for that portion of the trust which is exempt from such generation -skipping transfer tax under any applicable exemptions or exclusions. Such generation -skipping transfer tax shall be charged against and paid from the trust containing the assets which are subject to such generation - skipping transfer tax. I. Residence in Trust. My Trustee is authorized to retain in any trust created hereunder for the benefit of my spouse all of my interest in any primary or vacation residence which I may own at the time of my death, so long as my spouse shall use and occupy it as a home or vacation residence. If my spouse shall no longer occupy such property as a home or vacation residence, my Trustee may, in its discretion, sell and convey the same, at public or private sale, at such time and price and upon such terms and conditions, including credit, as my Trustee may determine. If at any time, there shall be no property in the trust which my spouse desires to use and occupy as a home or vacation residence, then my Trustee may, in my Trustee's discretion, purchase and hold in the trust any real property which my spouse desires so to use and occupy. During the period that any property is so held for the use and occupancy of my spouse, my spouse shall be permitted to use and occupy same free of any rent. All taxes, insurance, assessments, repairs and other charges necessary to maintain such property and properly chargeable to income shall be paid out of the income of the trust; and all such expenditures not properly chargeable to income shall be paid out of the principal of the trust. EO The foregoing powers to retain, sell and purchase real property suitable for use and occupancy as a home or vacation residence by my spouse shall be continuing and shall not be exhausted by the exercise or repeated exercise thereof. Any proceeds of the sale of any such property, which are not used in the purchase of other similar real property, shall be invested and reinvested as a part of the trust. No party dealing with my Trustee shall be required to ascertain whether or not any of the requirements relating to the sale or purchase of any real property have been complied with; nor shall any such party be required to look to the application of the proceeds of any sale; and such parties may deal with my Trustee as having full and complete, independent power and authority to consummate any purchase or sale hereunder. J. Special Fiducian% Except as otherwise provided in North Carolina General Statutes, Section 36C-8-814, a power conferred upon a fiduciary in his or her capacity as a fiduciary, but not in his or her capacity as beneficiary, which would constitute in whole or in part, a general power of appointment, may not be exercised by such fiduciary. Such powers shall be exercised only by the fiduciary or fiduciaries who are not so disqualified. If there is no fiduciary qualified to exercise the power, it may be exercised by a special fiduciary appointed by the court pursuant to North Carolina General Statutes, Section 36C-8-814. Any corporate fiduciary so named or otherwise appointed shall be entitled to reasonable compensation commensurate with the duties and responsibilities assumed. ARTICLE XV MISCELLANEOUS A. Representation of Minor. Incompetent. or Incapacitated Beneficiaries. If a minor, incompetent, or incapacitated beneficiary is an Appointer hereunder, then such . beneficiary's powers as Appointer shall be exercised by (i) the agent of such beneficiary under a durable power of attorney who has authority to act and bind the beneficiary, or if none, (ii) the general guardian or guardian of the beneficiary's estate, or if none, (iii) the guardian of the beneficiary's person, or if none, (iv) the beneficiary's parent who is a lineal descendant of my spouse. ►xi B. Inca ci . Except as may otherwise be provided in this Will, any individual may be treated as being under a legal disability, incompetent, or incapacitated during any period when such person has been adjudicated as such by a court of competent jurisdiction, when a guardian, conservator, or other personal representative of such individual's person or estate has been appointed by a court of competent jurisdiction, or when, in the opinion of two (2) licensed physicians, such person is unable effectively to manage such persons property or financial affairs. C. Presumption of Survival. If any beneficiary and I shall die under such circumstances that there is not sufficient evidence to determine the order of our deaths or if such beneficiary shall die within a period of 120 hours after the date of my death, then it shall be presumed that such beneficiary predeceased me; and my estate shall be administered and distributed, in all respects, in accordance with such presumption. TESTIMOMUM I, CLYDE BROWER CASE I11, the Testator, sign my name to this instrument this day of -1� not- L , 2016, and being first duly sworn, do hereby declare to the undersigned authority that I have read and understand the provisions of this instrument, that I sign and execute this instrument as my Last Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. CLYDWER CASE III ;oeW We, and /Z-L 7A VtJ- the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testator signs and executes this instrument as the Testator's Last Will and signs it willingly, and that each of us, in the presence and hearing of the Testator and each other, hereby signs this Will as witness to the Testator's signing, aA aIbf our ;) 3 2018 28 ,A-mHo CITY knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. witn� l t/ la Witness 29 STATE OF NORTH CAROLINA COUNTY Subscribed, sworn to and acknowledged before me by CLYDE BROWER CASE 11I, the Testator, and subscribed and sworn to before me by and _� ffi� h l� r t! witnesses, this b� day of, 2016. CLYDE BROWER CASE III (check one) — is personally known to Ine, '--A produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or —produced other identification, to wit: My Commission Expires: H. I�Ta9j AVBL�G Place Sj.!AL")tbove This Line 111333-00001 ND: 4831-6643-2804, V. 2 _N:� • k9V GU1t— PK NT OR TYPE NAME kit,, a � k I i , �r E 1 Ste; -�+-xA.•a-z�s._- .___- � .... ' ,:,:, -... .. �.-:+,sue-�.� NC Division of :Coastal'Management Cashier's Official Receipt f c f) ABC D Date: -i � � 1 . 20�_ %Received From: <_ Permit No.: y. i/ Check No.:,r Applicant's.Name` :County: �y y .• d i Project Address: _ _ : _ ! J. i k �` t .f-, i .. a Please retain receipt for your records as, proof of payment for permit issued. Signature of Agent or Applicant Signature of Field Representative. Date ' « Date. _