Loading...
HomeMy WebLinkAbout14-15 Hauck, Wayne41 Permit Class NEW Permit Number 14-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Wayne Hauck 102 Bridge Pointe Drive New Bern, NC 28562 Drive, New Bern , as requested in the permittee's application dated 1115114 (MP_1 and 9/9/14 (MP-4) includine the attached workplan drawing (4) all dated received in MHC on 11/14/14 This permit, issued on January 29, 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes the docking facility 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. 2) The associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridors. (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. "'RL.A. it ,t Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Wayne Hauck Permit # 14-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee 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 6) 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 structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes one formalized boat slip. General 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee 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. 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) 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. 11) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. Wayne Hauck Permit # 14-15 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 development or land disturbing activities are not allowed within the Environmental Management Commission's Neuse River Basin. Contact a representative of the Division of Water Resources at (252) 946- 6481 for more information concerning allowable uses within the Neuse River Buffer. SAW-201402244. Dom ■F4 APPLICATION for Major Development Permit (tart revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Namewau�of MI 0 last Name Applicant 2: Fi t Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Add rg�S�\ � t ton 2 uv PO Box cityN aibprn State NIL ZIP 1 2 Country Phone No. ext. FAX No. Street Address (if dferent from above) City State ZIP Email 2. Agent/ContractorInformation Business Name Agent/ Contractor 1: First Name MI La Nam1e L ffl Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - ,t� Phone No. 2 - ✓" 9 - - ext. TT FAX No. Street Address (H different from above) Contractor # City State ZIP Email RECEIVED <Form continues on back> Nov 14 2M4 252.808-2808 :: 1-86.. .cCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # ` ' V� Subdivision Name C State Zip Z 2. Phone No. dLot No.(s) (d many, attach additional page with list) ext. I I I, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Olatural ❑Manmade ❑Unknown 1 ' ` 1 nr e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes *0 work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) i c. Size of individual lot(s) 'I(� j 1 d. Approximate elevation of tract above NHW (normal high water) or Y " ` NWL (normal water level) (If many lot sizes, please attach additional page with a list) ❑NHW orV WL e. Vegetation on tract f. Man-made features and uses now on tract RECEIVED • i Nnv 1 A 7014 g. Identify anWdescribe the existing land bses adjacent to the propoefid project site. DCM- D CITY h. How does kcal government zone the rect? Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ^XAA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes Ohio A If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes o ❑NA National Register listed or eligible property? <Form continues on next page> 252-806.2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Dyes 090 (it) Are there coastal wetlands on the site? ❑Yes "00 (Ili) If yes to either (i) or (it) above, has a delineation been conducted? A ❑Yes ❑No —NIA (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. p. Describe existing stone vAter management or treatment systems. mnf & Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment Wrivate/Communily b. Give a brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology, 4pesb construction equipmen to Fe of equipment and where it is to be stored. used during construction, the number of each type _ e a qp -Pive (7�-,Iver d. List all development activities Vou propose. e. Are M proposed activities maintenance of an existing project, new work, or both? I. What is the approximate total disturbed land area resulting from the proposed proje 7 nA ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other that the public has established use of? area DYesrTQNo DNA h. Describe location and type of existing and proposed discharges to waters of the stale. I. Will wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes o ❑NA ❑Yes ❑No W j. Is there any mitigation proposed? If yes, attach a mitigation proposal. ❑Yes ❑No WA <Form continues on back> RECEIVED Nnv 14 M4 DCM-MHD Crry 252-808-2808 :: 11-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly, prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name \ Phone No. Address Name - r�t--� �pP�, ,Q.�� '1P,ho^ne No. /� Address i CJr(t utl.. '%1I116LhOe-lo WWI) 01 lr /'Vl ZT55ey.L Name / '�ngNo. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by pmperty owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only th The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑D$Fil MP-3 Upland Development CM MP-4 Structures Information RECEIVED Nnv i A 20N DCM-MHD CITY 252-808-2808 :: 1-888-411COAST :: www.nccoastaimanagement.net (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. a. (i) lathe docking facility/marina: b. (i) Will the facility be open to the general public? ...._QQommercial,_[[Public/Government_ ,(Private/Community, _ QYes ,®No c. (i) Dock(s) and/or pier(s) d. (!)Are Finger Piers included? ❑Yes g1No (ii) Number I If yes: ., �� (III) Length _� CH) Number (iv) Width 5- (iii) Length _ (v) Floating ❑Yes (ONO (iv) Width (v) Floating ❑Yes ❑No e. (1) Are Platforms included? XYes ❑No f. (1) Are Boatlifts included? ❑Yes ONO If yes: If yes: (ii) Number 7� (ii) Number r (III) Length (III) Length (iv) Width I'& //3'; Crv) Width (v) Floating ❑Yes MNO Note: Roofed areas are calculated from dripllne dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. . ❑ Full service, Including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service Q ❑ Dockage, fuel, and marine supplies Dockage ("wet slips') only, number of slips:' Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 2- 1 i m. () Will the facility have tie pilings? ❑Yes ENO (il) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). RECEIVED Nny 14 ?" D.CM-MHD CITY. I. (1) Will the facility be open to the general public? ❑Yes WNo 252-8082 06 :; i 38-i R J a57 :: WWW.nCC0ast2IMan21Qe,241t,net d!t SEP 10 2014 revised. 12/27106 k')41f-tf ili11 i a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. , (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout-Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h• Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? 242-£F;s',-^a;3�a$:e'd-3 S-+, C{11i�9:;t3rv�.r:;;»�r3asiuSmin:tanaa:sesa:.�acc ? rv,ise:3:'t2r2iiU nCW,1&11DCR m. is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes NNo n. Wthe marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ANo - ..0....ls the marina/docking facility -proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation. (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑se COPY OWL _ MNone P. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes JNNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. a. (i) Is the boathouse structure(s): []Commercial PPublic/Government ZPrivate/Community (ii) Number (ii) Length (iv) Width Note: Roofed Areasre calculated from dr/pline dimensions. a. (i) Number _ (ii) Length (III) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): []Commercial ❑Public/Government ❑Private/Comm unity c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present b. Average distance from NHW, NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) e. Am of the swing -- itECEtYOIs NOV 14 2014 DCM-MHDCln SEP 10 2014 9 4 5208-2$138 :. 9-$88.4sRt3SASi :: vuwwvv.ncc@asi�#rr+aataraarrmmt.»e'. eevts�s9: 3?J27tfl8 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities:., ZO` 50' 120' SU� Note: For buoy ormooring piling, use arc of swing Including length-- `- - - - - - - - of vessel. c. W�/iii�dtt�hOof water body d. Water depth at waterward end of structure at NLW or NWL raw, rI e. (1) Will navigational aids be required as a result of the project? ❑Yes XNo ❑NA (ii) If yes, explain what type and how they will be implemented. a. Give complete descriptions: :, i7HCHIVE� i SEP 10 2014 �CMMHDMY 232808-280$ :: 1-888ARCOAST . www.nccoastad.r;araqement.net revisad: I212TIOG r,Ar*1ff NEW / iuc Qaaa '91 .:�cbNearNu�r. NX6 _ .Si2 i,ut� E2 S •" � `` $9 to FAa s;d � w 'a 8� PC? U=PTf 17�Dn1 �/t6P t >2 fl24'sR/2amo AVejv/S 1 d 63ox (asa) 63 3 -%:>06 8 *YIC6 4;1 a'Da"Z, *7-51 P/ h&*gl-tro t. :9 Z Sit �oT 7S SG� I�Ax �`uM /-2 // a /iA .jY,! VL ,U M lf�sl-w ° ADA 5 LA-r'! Awe- , �, G,2n ,Srrnu. ear S�4T}/�,-2Al Ngu� (z) uxl� inn 3oZT(�t �r�tt I I (Z) q x (,� M e�a+dl �o� # Z SV P 'p, ar GZTI hAb �.le r T > 5c.ZZ — i � AlUr To EgeH Is I C ivFjsg ?�✓�-r Now II ' �-I_�-j_i '�-� I- 1 _- j I 1 f _i=1 -I I T i_ l 1_ i__ 1 1 1 1 M- 1 1 I_j_L !�(�l - !_1-11-- I ! r (! _ -1-_I _ -I� I 1 �f I ! I I I _! I-! ._ I•-h I _I I I I I i� , FFI I --�_I- T � I -TTF_I - I�I-FT-1 -I-I�- 1 _T_T_ IL G-,-�- ��I-I� i�- 1-------------- Hi - - -' h !• � I-I-'-1 i �I-1- �1- 11�--- DCM Coordinator: Permit #: Permitee: "Z/ k I Agents: DCM Field Offices Elizabeth City Morehead City ✓ Washington Wilmington (with revised work plan drawings) US ACOE Offices: / Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly / Cultural Resources: Renee Gledhill -Early Public Water Supply: Diane Williams (WIRO) Joey White (WARD) Marine Fisheries: Shane Staples Jessi Baker NC DOT: Ken Pace / Shellfish Sanitation: Patti Fowler State Property: Tim Walton / Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Scott Vinson-Stormwater Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARD) Vacant (WIRO) LPO: Fax Distribution: Permitee #: Agent #: NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 29, 2015 Wayne Hauck 102 Bridge Pointe Drive New Bern, N.C. 28562 Donald R. van der Vaart Secretary 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 Sincerely, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity/ Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Wayne Hauck 2. LOCATION OF PROJECT SITE: The project is located adjacent to the Trent River, at 102 Bridge Pointe Drive, in New Bern, Craven County. Photo Index — 2006: 71-6302, grids G-5; 2000: 71-829, grids G-5. State Plane Coordinates - X: 787646.640 Y: 150337.090 Longitude: -077 02 39.61 Latitude: 35 05 38.17 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 10/1/13 Was Applicant or Agent Present — Yes Photos Taken — No 5. PROCESSING PROCEDURE: Application Received — cc: 11/14/14 Office — MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Craven County (10/29/2009) Land Classification from LUP — Developed (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic Planned -None (F) Type of Development: Existing — Residence, 10-slip community docking facility, and bulkhead Planned -An additional 1-slip docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED Fii,i.F.D WCORP/CHADF.n (A) Open Water 779 ftz incorp 610fe shaded (E) Total Area Disturbed: 779 ftl (F) Primary Nursery Area: No (G) Water Classification: SB, Sw; NSW Open: No (H) Cultural Resources: None 8. Proiect Summary: The applicant proposes to construct a docking facility, for private use on the Trent River, Craven County. Field Investigation Report: Wayne Hauck Page 2 9. Narrative Description: The project is located adjacent to the Trent River, at 102 Bridge Pointe Drive, off of NC Hwy 70, in James City, Craven County. This property is developed with a single family residence, (half of) a 10- slip community docking facility, and shoreline stabilization. There is approximately 105' of estuarine shoreline on the 1.1 acre lot. However, the docking facility connects to the high ground, straddling the adjacent property line on a HOA easement. The adjacent properties in this subdivision are residential also. The closest adjacent pier, the community docking facility, is 40' to the north of the proposed dock platform. The immediate offshore water depths in this area are —1.0' to 5.0' normal water level (nwl). The subaqueous substrate is firm and without shell. There is not a cultural resource in the nearby vicinity of the project area. This waterbody is 2,000' across. These waters of the Trent River are not classified as a Primary Nursery Area. At the time of the site visit, there was no submerged aquatic vegetation (SAV) observed in the vicinity of the project area. However, historic data indicates possible SAV beds within the vicinity of the proposed development area. This area is closed to shellfish harvest and is classified as SB, Sw; NSW. The defined channel in this area is approximately 100' west of this project site. The Trent River is a part of the Neuse River basin. 10. Proposed Development: The applicant proposes to construct a 1-slip private docking facility within the Trent River, adjacent to 102 Bridge Pointe Drive, in New Bern, Craven County. It will be for private use by the applicant. Since the community docking facility straddles the northern property line, half of the 10-slip docking facility is within the applicant's riparian corridor. The proposed docking facility would be supported by a 5' by 90' long pier access. This pier would terminate at an' ' platform, measuring 10' by 16'. The 13' by 13' boatlift would be constructed on the south side of the ' ' platform and pier. They would be in -4.5' nwl. The existing community docking facility has five boat slips within this riparian corridor. The existing community docking facility has approximately 640 square feet of shading impact within this riparian corridor. There will be approximately 40' of separation from the existing community docking facility and the proposed private docking facility. The proposed boatlift would be 20' from the adjacent riparian property line to the south. 10. Anticipated Impacts: All of the proposed development would take place landward and south of the existing ten -slip community docking facility. This proposed docking facility, plus that portion of the existing community dock, will have a cumulative result of approximately 800 square feet of shading impact in Public Trust Estuarine Waters. The proposal will increase the number of slips within this riparian corridor from five to a total of six. Brad Connell December 2, 2014 Morehead City Field Investigation Report: Wayne Hauck Pase 3 There is not a cultural resource in the immediate vicinity of the project area. Water depths where the new docking facility is proposed will approximately be in the -4' to -5' nwl depth contours. These waters of the Trent River are not classified as a Primary Nursery Area. There was no submerged aquatic vegetation observed in the vicinity of this proposal at the time of inspection. However, historic spatial data indicates SAV habitat in the vicinity of the proposed pier access. This area is closed to shellfish harvest and is classified as SB, Sw; Nutrient Sensitive Waters. There is a defined channel approximately 100' west of this project site. This proposal will not encroach into the channel, nor pose a hazard to navigation. Brad Connell December 2, 2014 Morehead City DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Wayne Hauck County: Craven LOCATION OF PROJECT: At 102 Bridge Pointe Dr., adjacent the Trent River, in the City of New Bern. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11/14/14 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Brad Connell DISTRICT OFFICE: Morehead Citv DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED TO: D Govoni_ C) 75 DAY DEADLINE; �IIfS MAIL OUT DATE: 12/2/14 10x.] 1,1111ls11J 207:vreA PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $250.00 END OF NOTICE DATE: 111115 DEED REC'D; Yes ON: 12/2/ 14 150 - DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOIES Coastal Management- Regional Representative Coastal Management - LUP Consistency Demnnination Division of Community Assistance 47 Land Quality Section / Division of Water Quality 1 Storm Water Management (DWQ) Slate Property Office VVV Division of Archives & History Division of Environmental Health l V Division of Highways Wildlife Resources Commission � Local Permit Office Division of Marine Fisheries Corps of Engineers L 2 iw l . �crN bz2.4 NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director MEMORANDUM DATE: December 1, 2014 TO: Daniel Govoni f1S� THRU: Roy Brownlow ' FROM: Brad Connell �G Natural Resources John E. Skvarla, III Secretary SUBJECT: Comments and Recommendations - CAMA Major Permit —Mr. Wayne Hauck, Craven County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal incorporates approximately 779 square feet of Public Trust Waters. It will result in an additional docking space to the existing 5 slips that are currently within this riparian corridor, for a total of six docking spaces. These waters of the Trent River are closed to shellfish harvest. There was no visible submerged aquatic vegetation in the nearby vicinity of the project area during the site visit, however historic spatial data indicates SAV habitat in the vicinity of the proposed pier. This waterbody is not a Primary Nursery Area. This proposal will not be a hazard to navigation since it is more than 100' from the defined channel and 40' from the community docking facility. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: This permit authorizes only 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, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2 The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the charnel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. Wayne Hauck December 1, 2014 Page 2 of 2 3 No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4 The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5 This permit authorizes a maximum of one boat slip. At no time shall more than one vessel be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 6 Prior to construction of any new boat slips or other docking facilities under this permit, the permittee must apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). CC: Roy Brownlow, DCM Daniel Govoni, DCM 400 Commerce Ave., Morehead City, INC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastaimanagement.net An Equal Opportunity\ All native Action Employer Govoni, Daniel From: Bland, Raleigh W SAW <Raleigh.W.Bland@usace.army.mil> Sent: Wednesday, January 28, 2015 7:23 AM To: Govoni, Daniel Subject: RE: NCWRC, Potter, Hauck (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Potter SAW 201402242 Tier II PGP 198000291 Your Date Hauck SAW 201402244 Tier II PGP 198000291 Your Date Thanks! -----Original Message ----- From: Govoni, Daniel[mailto:daniel.aovoni@ncdenr.eovl Sent: Tuesday, January 27, 2015 10:50 AM To: Pelletier, Josh R SAW; Bland, Raleigh W SAW Subject: [EXTERNAL) NCWRC, Potter, Hauck Hey guys can I get comment on these ASAP. I have already gone past our 75 day deadline for NCWRC. Potter and Hauck 75 day deadline is the 28th. NCWRC, 75 day deadline is 1/24/15. Applicant proposes to construct public boat ramp facility adj. to NC Seafood Park Authority site Wayne Hauck, 75 day deadline is 1/28/15. Applicant proposes to construct a docking facility at 102 Bridge Pointe Drive, in New Bern Matthew Potter, 75 day deadline is 1/28/15. Applicant proposes to modify two existing pier structures, constructing an additional pier at 266 Zinkie Lane near the Town of Bath Daniel M. Govoni Asst. Major Permits Coordinator NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252)808-2808 (252) 247-3330 fax daniel.eovoni@ncdenr.eov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Classification: UNCLASSIFIED Caveats: NONE Govoni, Daniel From: Thorpe, Roger Sent: Friday, December 19, 2014 9:31 AM To: Govoni, Daniel Subject: Wayne Hauck proposed docking facility Trent River, Craven County The subject project will not require a stormwater permit. Roger K. Thorpe Environmental Engineer Land Quality Section 943 Washington Square Mall Washington, NC 27889 252-948-3923 NEW North Carolina Department of Environment and Natural Resources Pat McCrory Governor: December 2,.2014 MEMORANDUM: TO: .. Wpnthony &. _Vr 1'LugIA Scott Vinson Division of Water Resources John E. Skvarla, III d Secretary ECEIVED V DEC 4 2014. t! 5f RO. FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Wayne Hauck Project Location; Craven County, at 102 Bridge Pointe Dr., adjacent the Trent.River, in the City of New Bern. Proposed Project: Proposes to construct, a, docking facility for private use on the Trent River. Please indicate below your agency'sposition.or viewpoint,onthe proposed project and return this form by December 22, 2014. If you have any questions regarding .the proposed project, please contact Brad Connell, permit officer at (252)808-2808. When appropriate, in-depth comments with, supporting data is requested. REPLY: Thais agency has no objection to the project as proposed. ✓/This agency has no comment on the proposed project. No W147l/ G,,r,,y g_T tLvsewl This agency approves -of the project only if the recommended changes are incorporated. See attached. This ;agency objects to the project -for 'reasons described in the attached comrnerits. SIGNED \ ' DATE _1Ztlfiy 400 Commerce Avenue, Morehead Cily, North Carolina 28557 !-808-28081 FAX 252-247.3330.1 Internet: www.nccoastalr6a6agement.net An Equal Opportunity 1 Affirmative Action Employer Pat McCrory Governor December 2, 2014 eRECEIVED CDENR MEc o 4 ao,1a. North Carolina Department of Environment and Natural Resources Ittt:na�Rtahertee tw�4taQ John E. Skvarla, III Secretary MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Shane Staples Division of Coastal Management Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Wayne Hauck Craven County, at.. 102 Bridge Pointe Dr., adjacent the Trent River, in the City of New Bern. Proposes to construct a docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 22, 2014. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached, This agency objects to the project for reasons' described in the attached comments. SIGNED �!%^ D01ZATE -/-O iY 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: vnvw.nccoastalmanagement.net An Equal Opportunity/Affirmative Action Employer LT X-MA 4*0 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 2, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: DEC - 3 2014 Shellfish Sanitation 6 Recreational W ity Section Patti Fowler Shellfish Sanitation Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Wayne Hauck E. Skvarla, III Secretary RECEIVED DEC 0 5 1014 Oew- mb CITY Craven County, at 102 Bridge Pointe Dr., adjacent the Trent River, in the City of New Bern. Proposed Project: Proposes to construct a docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 22, 2014. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. XThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED k V�, V�r P'4' Wu� DATE ► IN 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808.28081 FAX 252-247.33301 Internet: www.nocoastalmanagement.net An Equal Opportunity/ Affirmative Action Employer Pat McCrory Governor December 2, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: �A�VA r1a.DENR North Carolina Department of Environment and Natural Resources Ken Pace NC DOT, State Construction/Materials Branch Daniel Govoni Major Permits Processing Coordinator John E. Skvarla, III Secretary ., V JAN 5 2015 NEW FERN DISTRICT OFFICE CAMA/DREDGE & FILL Permit Application Review Wayne Hauck Project Location: Craven County, at 102 Bridge Pointe Dr., adjacent the Trent River, in the City of New Bern. Proposed Project: Proposes to construct a docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 22, 2014. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. JAN 14 1015 This agency has no comment on the proposed project. DCnn-MHD CITY This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nocoastalmanagement.net An Equal Opportunity I Affirmative Action Employer Ar NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 2, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: RECEIVED DEC 0 5 2014 DOA STATE PROPERTY OFFICE Tim Walton State Property Office Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Wayne Hauck John E. Skvarla, III Secretary Project Location: Craven County, at 102 Bridge Pointe Dr., adjacent the Trent River, in the City of New Bern. Proposed Project: Proposes to construct a docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 22, 2014. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. When appropriate, in-depth comments with supporting data is requested. ikA,4A REPLY: F'' '1 'a r 7 comments. This ncy has no objection to the project as proposed. JAN 0 0 2015 Pp N�'1fMK�R IDI�O This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached SIGNED WTE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808.28081 FAX 252-247-33301 Internet: www.nrcoastalmanagement.net An Equal Opportunity I Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 2, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED JAN052015 Pat McClain Division of Energy, Mineral & Land Resources Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Wayne Hauck John E. Skvarla, III Secretary Craven County, at 102 Bridge Pointe Dr., adjacent the Trent River, in the City of New Bern. Proposes to construct a docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 22, 2014. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �-'�"' DATE E NJ DEC ' � 2014 0 400 Commerce Avenue, Morehead City, North Carolina 28557 BPhone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanageme�tt �� �o��� rce An Equal Opportunity I Affirmative Action Employer Q�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 2, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Maureen Meehan Division of Coastal Management Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Wayne Hauck John E. Skvarla, III Secretary Project Location: 40�errl. at 102 Bridge Pointe Dr., adjacent the Trent River, in the Proposed Project: Proposes to construct a docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 22, 2014. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: A This agency has no objection to the project as proposed. AThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. I SIGNED DATE ! A IC� / y 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity /Affirmative Action Employer .5 .w r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 2, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: John E. Skvada, III Secretary Lee Padrick Division of Community Assistance Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Wayne Hauck Craven County, at 102 Bridge Pointe Dr., adjacent the Trent River, in the City of New Bern. Proposes to construct a docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 22, 2014. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED)� DATE RECEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 DEC 17 1014 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.ncooastaimanagement.net An Equal Opportunity I Affirmative Action Employer Dew-MH0 CITY Pat McCrory Governor L �4� KC-0_EN R North Carolina Department of Environment and Natural Resources (If, Iz.04.0q- December 2, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Maria Dunn NC Wildlife Resources Commission Daniel Govoni Major Permits Processing Coordinator John E. Skvarla, III Secretary DEC 2014 RECEIVED -dam CAMA/DREDGE & FILL Permit Application Review Wayne Hauck Craven County, at 102 Bridge Pointe Dr., adjacent the Trent River, in the City of New Bern. Proposes to construct a docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 22, 2014. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. __,ZThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED M, tl- DATE IZ- S -zor CEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 DEC 15 2014 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.ncooastaimanagement.net 9PM-MHD erry An Equal Opportunity / Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor December 4, 2014 MEMORANDUM: To: Daniel Govoni Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA/ Dredge and Fill Permit Application Review Applicant: Wayne Hauck John E. Skvarla, III Secretary Project Location: Craven County, at 102 Bridge Pointe Dr., adjacent the Trent River in the City of New Bern Proposed Project: Docking facility for private use on the Trent River REPLY: This office has no objection to the project as proposed. SIGNED X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. DATE I IL /y Z2 0 / — RECEIVED DEC ii" Public Water Supply Section Washington Regional Office 0W 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-948-00401Internet: www.ncwater.org/pwsl An Equal Opportunity 1 Affirmative Action Employer a N M CO N N N 4 ne )IC-)-Ltc,k ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. t. Ankle Addressed to-, 1T\d�! o���e C�;tlnal Lam\ �o�rvcx� Z06N (AS��a;n A. ).J ❑ Agent B. Rrtseked by f Printed Name) I C. D. Is delivery address different from Rem 11' Oes � Y If YES, enter delivery address below: LYNo� V-3vr�� ��vv �r ) 3. Type Mail ❑ Express Mall red ❑ Return Racelpt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Oeliv&1? (E+aa Fee) 0 yes i 2' (HansOcte N rn7012 2920 0000 7420 8633 i p7ansler fromm service Jabel).___...__..__._--.�.._...._________..__..__._�______._.___..._._.` I PS Form 3811, February 2004 Onambc Return Receipt - to?59aA2Mn5ac A113 OH", -)a MRSOM 4EW303d NDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor December 1, 2014 Mr. Wayne Hauck 102 Bridge Pointe Drive New Bern, NC. 28562 Dear Mr. Hauck: Braxton C. Davis John E. Skvarla, III Director Secretary The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property adjacent to the Trent River at 102 Bridge Pointe Drive, in New Bern, Craven County..It was received on November 14, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 29, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 14, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of- way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX:252-247.3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, G "0 Brad Connell Coastal Management Representative m Enclosure CC: Daniel Govoni, Assistant Major Permits Coordinator Roy Brownlow, District Manager Dan Foley, Foley Contractors LLC 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer �i}'� ' e• N I K `.d Y ' t� j ; •L a ia.. ' �i v t� ` i'i ids Nk .. . k x 7. 'M I COMMENTS ACCEPTED THROUGH APPLICANT: Mir. Wayne ,^Z..:Lio 102 Bridge 7 a i n r` id�� - i`f_. Bern, K'.3 •,� 2(� .1 fir. FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BLOW Brad C®99nefl - ®CM 400 C®w mairce Avenue Morehead City, INIC 28557 (252)808-2808 Page 1 of 20 fmw 00- rnkI0046"-1-901i II��IIIIIMIIBIIIII Rac adsd: Oar112110112atT12 3JC 8 PH Fes AM; i8].00 Papps 1 or 20 YorkfIrLo O 0018J72-000f Craven, tic Sherri B. Richard Register of Deeds BK2996 m423 DEED OF TRUST Return To: BEU Prepared By: SWtM X Ball, MtcrW at Tar MTN 100IS9966155383002 DEFINITIONS Words used in multiple sections of this document arc defined below and other words are defined in Sections 3, 11, 13. IB, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security instrument" means this document, which is dated April 22 2011 , together with all Riders to this document. (B) "Borrower"is Wayne 0 Hauck 111 and Nancy 8 Hauck, Itmtwd and wife Borrower is the Moore under this Security instrument. (C) "Lender" is Branch Banking and Trust Company Lender is Corporation organized and existing under the laws of NORTH CAROLI NA Lendeesaddressis 223 West Nash Street, Wilson. NC 27893 (C-1) The name of the Mortgage Broker is smessesea nseuasaae HonFNn GN0.W/.-SInaM FYnNF-FannYYWFNae YS NMIFONY INaiIaIN[Nr W,iN YFAa NSFNT" F—piel YeOT YRN WYM NMifi,a,aY B�'m NP,ae PpFINF6 RETURN TO: STEVEN K . BELL P.O. BOX 1355 NEW BERN, NC 28563 RECEIVED SEP 10 2014 DCM-Mm CITY Book:2996 Page:423 Seq:1 Page 2 of 20 (D)^rranee"is Frances Jones (E) 1IMERS" is Mortgage Electronic Registration Systems, Inc. MERE i:: a separate corporation that is acting solely as a nominee for Lender and Lutder's successors and aui�ns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under 1 ne laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint. MI 49501-2026. tel. (ug) 679-MERS. (F) Note" nweos the Promissory note signed by Borrower and dead as of the date hereof The Nmestates that Borrower awes Lender Two Hundred Fifty Thousand And Zero/100 Dollars (U.S. $250.000.00 ) plus interest. Borrower has prortdsr d to pay this debt in regular Periodic Payments and to pay the debt in full rat later than May 01, 2027 (C) "Property" mean the Property that is described below miler P e heeding "Tramder of Rights in the Property." (H) "Ion" owns the debt evidenced by the Note, plus interest, :,ray prepayment chergrs and late charges due under the Noe, and all sums due under this Security Instrument, plus Interco. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be examted by Borrower (check box as applicable]: Adjustable Rate Rider Condominium Rider © Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider LJ Biweekly Payment Rider ® Other(s) [specify] Constr/Perm Rider (.q "Applicable Law" means all controlling applicable Prdenl, state and local smtutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (♦)'Community Association Dues, Foes, and Aaesoments"rmans all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar Organization. (L) 'Electronic Funds Transfer" meare any Insnafer of Hinds, other than a transaction originated by check, dreg, or similar papa instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, interact, or authorize a financial institution to debit or credit an accnmr. Such term includes, but is not limited to, point -of -sale- rrarecfem maturated tills machine vansactious, transfers initiated by telephone, was transfers, and amomated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "MluNlanenm Proceeds" mesons any compensation, settlement, award of damages, m proceeds paid by my third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any Purl of the Property; (iii) conveyance in lieu of condenmation; Or (iv) misrepresentations of, or omissions, as to, the value and/m condition of the Property. (0) "Mortgage tewraaee" mare insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means, the regularly scheduled amount due for (i) principal and interest under the Note, Plus (it) my amounts under Section 3 of this Security Instrument. suasauao -� O/'f) oo 7001Ea Ng1rN CEMVIE-MEN FanuY-Fnn"MWF,.OW MC VMIFOaY MErWYENi WrtX NFAE-MN lirue r rM"EEH 1al1 WMInt K.. MOW Ew"o ��I��II�� IMga�ggaIg1■■gg rere ����IIIIR��I��II aaamar ®® ��_VYIYa�n11]I mule 111111ra0011941a1NN Type: CRP E Image ID: 0000019418212 Tvpa: CRP m2996 Pg424 er 2D REcE SEP 10 2014 t• DCM•MHDCITy Book: 2996 Page:423 Seq:2 Page 3 of 20 (Q) 'RESPA" trains the Rent Estate Settlement Procedures Act (12 U.&C. Section 2601 at seq.) end its in plemerning regulation, Regulation X (24 C.F.R Part 3500), as they "night be amended from time to time, or my additional or sucasw legislation or regulation that gov the same subject mattes As used in this Security Instrument, "RESPA" refer to all requirements and restrictions that are imposed in regard to a "federally related mortgage Ion" even if the Loan does not qualif-J as a "federally related mortgage low" order RFSPA. (R) 'Succcaer In Interest of my party that has ta':en title to the Properly, whether or net that party has assumed Borrower s obligations under the Note andf or this Security lostrumrnt. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely :is nominee for Lender and Lender's successors and assigns) and the successors and assigns of MER i. This Security Instrument seerres to Lender: (i) the repayment of the Low, and all renewals, extensions and modifications of the Not, and (ii) the performance of Borrowers covenants and agreements under this Security Instrument and the Nae For this purpose, Burrows irrevocably grants and coover. to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in the County of CRAVEN (Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Parcel ID Number: 7-002-1-018 which currently has the address of 102 Bridge Pointe Dr [Street] NEW BERN [City], North Cuolins28562-6458(Zip Code] ("Property Address"): TO HAVE AND TO HOLD this property onto Trustee and Trustee's mecessas and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now K henra8a a part of the property. All replacesicne and additions shall also be covered by this Security Instrumment. All of the foregoing is referred to in this Security Instrument rslssselaa 7041400811 AOMICAM]LNA-9NOs irnM'iYu,YYY'fMLYYe eNanW NafWYMr WI(YMFaO. O *ITnY .303,14, WceetYNYrMne r..Ya VY✓aAg 341(5 1�1�11111'1�111111 Inge ID: 000001Pag,23 ofP20 CIIP 9K2996 Po425 rFXcEM-D s SEP 10 2014 DCU'vto MY Book:2996 Page:423 Seq:3 Papa 4 of 20 as the -Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security instrument. but, if neaasary to comply with law or custmq MERS (se nominee for Leader and Lender's successors and asai fur) has the right; to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject m my encumbrancer of record THIS SECURITY INSTRUMENT combince uniform covenants for national use and non -uniform cavemnts with limited variations by jurisdiction to constitute a uniform security instrument covering real Property. UNIFORM COVENANTS. Borrower and Lender covering and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Burrower shall pay when due the principal of, and interest on, the debt evidenced by the Now and my prepayment charges and late charges due under the Note. Borrower shall also pay funds fur Escrow Items pursuant to Section 3. Payrrets due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Larder m payment under the Note or this Security Insomm of is returned to Leader unpaid, Lever may require that my m all subsequent payments due under the Note and this Seopity Instrument be made in one or more of the following farm, as selected by Lender: (a) cash; (b) money order: (c) certified check, bank check treasurer's check or eaehier's check, Provided my such check is drawn upon an institution whose deposits are insured by a federal agency, insWmentality, or amity, or (d) Electronic Funds Transfer. Payments are domed received by Lender when received a the location designated in the Note a in such other location in may be designated by Lender in accordance with the notice provisions in Section 15, Leader may return my payment or partial payment if the payment or partial payments are insufficient to bring the Lam current. If Borrower has breached my covenant or agra mnt in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 the Lender may accept my payment or partial payrumn insufficient to bring the Loan current, without waiver of my rights hereunder or prejudice to is rigl s to refuse such payment or partial payments in the future, bur Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, than Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment N bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them (o Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance order the Note immedisely price to foreclomre. No onset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from ranking payments due under the Note and this Security Instrument or performing the mvenms and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal duc under the Nate; (c) amounts due under Section 3. Such payments shill be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to my other amounts due under this Suavity Instrument, and then to reduce the principal balance of the Noe. If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay my late charge due, the payment my be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, leader may apply my payment received from Borrower to the repayment of the Periodic Payments if, and to the eaten that, each payment can be paid in full. To the extent that my excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to my Inc charges clue. Voluntary prepayments shalt be applied Graz to my prepayment charges and then as described in the Note. UI5638300 ioafeomv Xe1rN f.I,blalA9lpN iFnar�iWnMMYYFrWNMS UNiaaM NaiRYMENi WRX YFA-0.Yra T„M Fan ]0]r 110, VYP n VY%Aa1C� �Oia]11 WYIWi Ianf WnntiM aIVMN H PpaW15 1linage 11OO1111M�11111 Page 4 of20 IK2996 Pa426 RBCEIMD SEP 10 DCM-MHD CITV Book:2996 Page:423 Seq:4 Papa 5 of 20 Any application of payments, insurance procac,ts, or Miscellaneous Proceeds to principal due under The Note shall not extend or postpone the due date, a change the amount, of d as Periodic Paymm. 3. Fonds for Escrow Items. Borrower shall Pry to Lerida un the day Parodic Payments are due under the Note, until the Note is paid in full, a am (Ile "Funds") to provide for payment of amounts due for (a) taws and eascssments end other items which sari attain priority over this Security Instrument is a lien or encanbrerhce on the Property; (b) leaulald payments or ground mils on the Property, if my; (c) premiums for any and all insurance required by Lender under Seaim 5; sort (d) Mortgage Insurance premiums. if my, many som payable by Borrower to Under in li_u of the payment of Mortgage Insurance premium in accordance with the provision of Section 10. These items ere called "Escrow Itr s." At origination or at any time during the ton of the Loan, Leader may require that Community Association Duey Fes, and Assessments, if my, be escrowed by f.orrower, and such dues, fees and assessments shall be an Escrow Iran. Borrower shall promptly finish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lerida the Funds for Esamv Items unless Lender waives Borrower's obligation to pay the Funds for my or all Escrow It ma. Lerida may waive Borrower's obligation to pay to Lender Funds for my or all F_acrow Items at an y time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly. whoa and where payable, the amounts due for my Escrow Items for which payment of Funds has been waved by Lender end, if Lender requires, shall famish to Lender receipts evidencing such payment within s,wh lime period as Lender my require. Borrowef a obligation to make such psymenL+ and to provide race ipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Pans directly, pursuant to a waiver, and Borrower fails to pay the mount due fa an Escrow Item, Lend o may exercise its rights under Section 9 and pay such surmount and Borrow= shall then be obligated undo Section 9 to repay to Lender my such amount Lerida may revoke the waives as to my or all Eacra w Itans at my tune by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that me then required under this Section 3. Lender may, at my time, collect and hold Funds in an wriunt (a) sufficient to permit Lerida to apply the Funds at the Lime specified under RESPA, and (b) not to exceed the maximum anatml a lender can require under RESPA. Lerida shall estimme the amount of Funds due on the basis of currant data and reasonable eminuum of expenditures of future Escrow Iterm or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whom deposits we insured by a federal agency, inatmmatudity, or entity (including Lender, if Lender is an institution whom deposits arc so insured) or in my Federal Home Loon Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lerida shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow, account, or verifying the Escrow items, unless Lender pays Barrows interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agrarmr is nude in writing or Applicable Law requires interest to be paid on the Funds, Leader shall not be required to pay Borrowa my interest or earnings an the Funds. Borrower and Lerida can agree in writing, however, that interest shun be paid on the Funds. Leda shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defnrid under RESPA, Lender shall account to Borrower for the access funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shell notify Borrower in required by RESPA, and Borrower shall pay to Lender the amount necessary to nnke up the shortage in accordance with RESPA, but in no more than 12 monthly paymarts. If there is a deficiency of Funds held in escrow, ae defined under RESPA, Lender shall notify Borrower in required by RESPA, and Boeowa shall pry to Lerch the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all stun secured by this Security Instrument, Lender shall promptly refund to Borrower my Funds held by Lender. 4. Charges; Lima. Bormwa shall pay all more. asaenmcm, charges, Imes, and impositions attributable to the Property which can amain priority ova this Security Inemmad, leasehold payments or aaIIE]aao0 VYpmN eAllxMA-aqY iwar•FvvMYWhWMY¢IIYFOPa WarIaIYENT WITH YEaa aWMT. fanmOlaearea lOH1101 FY VYr6A jI0E011 wa......,aY a li IMII All•1h NII1111asapt1IIIIINalllII1 (nape ID: 0000019941824 of 20 CflP Pas 5BK2996 Pm427 RECUVED EP 10 2014 DCMM MCITY Book:2996 Page:423 Seq: 5 Page 6 of 20 ground rafts on the Property, if any, and Community Association Does. Fers, and Assesvnents, if any. To the "lent that these items are Escrow Ilene, Borrows shall pay them in the mums provided in Section 3. Borrower shell promptly discharge any lien which has priority ova this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only w long as Borrows is performing such agreement; (b) contests the It= in good faith by, or defends against enforcement of the lien in, legal proceedings which in Latch's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; a (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender daermines that any pan of the Property is subject to a lien which cur attain priority over this Security Inert ment, Lender may give Harower a notice identifying the liar, Within 10 days of the date on which that notice is given, Burrower shall satisfy the lien or take one a more of the actions set forth above in this Section 4. Lender my require Borrower to pay a one-time charge for a real estate tax verification and/or reporting savice used by fender in connection with this Lout. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter entered on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lader requires insurance. This insurance shall he maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender require pursuant to the preceding sentences ciao change during the term of the Loan. The insurance carria providing the insurance shall be chosen by Borrows subject to Larder's right to disapprove Borrower's choice, which right shell not be exercised unreasonably. fender my require Borrower to pay, in connmion with this Loan, either: (a) a one-time dlarge for flood zone determination, certification and tracking services; a (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, Borrows shall also he responsible for the payment of any fees unposed by the Federel Emergency Management Agency in correction with the review of my flood zone determination resulting from an objection by Borrows. If Borrower fails to maintain my of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's "peme. Lender is under no obligation to purchase my particular type a amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Boaawer, Borrower's equity in the Property, or the contents of the Property, against my risk, hazard or liability and might provide greater or lesser coverage am was previously in effect. Borrower acknowledges the the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrows could have obtained. Any amounts disbursed by lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and steel be payable, with such interest, upon notice from lends to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall nurse Lender as mortgagee andlor in an additional loss payce. Linder shall have the tight to hold the policies and renewal certificates. If Inds requires, Borrower shall promptly give to Lender all receipts of paid premium and renewal notices. If Burrower obtains my four of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy "I include a standard mortgage clause and shall name Lenda u mortgagee and/or as an additional ]%a payee. In the event of loss, Borrower shall give prompt notice to the insu m e curia and Lender. Lander my make proof of Iwo if not trade promptly by Borrowa. Unless Leda and Baarowa otherwise agree in writing, my insurance proceeds, whether or not the underlying insurance was required by Linder, shall be applied to restoration a repair of the Property, if the restoration or repair is wonamically feasible and Lender's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has ban completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. lads nay disburse proceeds for the repairs and restoration in a single payment or in a aeries ealsvooa '] raouaae0, 'OFoHCAM0LNA-aYiPFFeny-FY *MWF 11UVNF01YWN NarNM0ownMYon eTNO % F,m IO]n 1101 vMi 0aMve rvvMe S«vkN wRAlvcl loser rp a�N6 W 1� CAP Imepe ID: OOOOo1Pace 6 Types: GRP r�(�(� Pape 8 0/ 20 sK2996P428 rSE CE�P 10 2014 4 DCM.MHDCny Book:2996 Page:423 Seq:6 Pape r of 20 of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such mairranc , proceeds, Lender shall Out be required to pay Borrower any interest or earnings on such proceods. Fern for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurmr< proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums; secured by this Security Immanent, whether or not then due, with the excess, if any, prod to Borrower. Such insurance proceeds shall be applied in the Order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrows does not respond within 30 days to a notice from Lenda that the insurance carrier has ofTered to settle a claim, then Lender may negotiate and settle the claim. The 30-day Period will begin when the notice is given. In either event, or if Lida acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lenda (a) Borrowers rights to any insurance proceeds in an aanunt not to exceed the amounts unpaid under the Now or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of umesrned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or act then due. 6. Occupancy. Borrower shall occupy, establish. and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower s principal residence for at least now year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not he unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintmance and Protection of the Property; InspeetMna Borrower shall not destroy, damage or impair the Property, allow the Properly to deteriorate Or commit waft on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Properly in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condermation proceeds we paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or coisdemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the imerior of the improvements m the Property. Lend" shall give Borrower notice at the lime of or prior to such an Interior inspection specifying such reasonable cauu. g. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persona or amities acting at the direction of Borrows or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations, include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower' a principal residence. 9. Protection of Lender's Ioterest In the Property and Righta Under this Security InstromeaL If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Larder may do and pay for whatever is reasonable or appropriate to protest Landers interest in the Property and rights under this Security Ino rmnein, including protecting and/or assesfing the value of the Property, and souring md/or repairing anaunoo raa)aonu Ydna CAlplNAaNaY Nwxy-rwnYY WP,N4,YC WfegY M61n1Y81rwnN YfAa-OW NTrvN iw�]0U 1/al wm.M. xY.M na,oN9miu, VYWAML)aael ar.�Nra Imam 10: 00000,041826 ameorpCM 20 BN2996 Pa429 rSE �iHCEIYEA P 10 2014 DCl AMDCTTY Book:2996 Page:423 Seq:7 Page a of 20 the Property. Linda's actions an include, but are not limited to: (a) paying any sums secured by a Jim which bas primity over this Security Instrument; (bi appearing in coup; and (c) paying reasonable attorneys fees to protect its interest in the Property and or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Seca ing the Property includes, but is not lindled to, entering the Properly to make repairs, change locks, re; Ilace or hoard up doors end windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities fumed on or off. Although fender may take action under this cction 9, Lender does not have to do so and is not under arty duty in obligation to do so. it is agreed that I -ender incurs no liability for not taking any in all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall became additional debt of Burrower secured by this Security Instrument. These amounts shall bear interest at the.fote rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold Burrower shall comply -vith all the provisions of the Jesse, if Borrower acquires fee title to the Property, the leasehold and the ra title shall rat merge unless Lender agrees to the merger in writing. 10. Mortgage Isaraaee If Lender required Mortgage Insurance as 4 condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insu; ance in effect. If, fin any reason, the Mortgage Insurance coverage required by Lender cease to be availrble from the mortgage insurer that previously provided such insunrkce and Borrower was required to acre separately designated payments toward the premiums for Mortgage Insurance, Burrower shall psi the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previr sly in effort, in a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance Previously in effort, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insoance coverage is not available, Borrower shall continue to pay to Lender the amount or, the separately designated payments that were due when the insurance coverage ceased to be in effect. lender will accept, use and retain these payments as a non-refundable lose reserve, if permitted undtf Applicable Law, in lieu of Mortgage Insurance. Such Ins teatime shall be non-refundable, notwithsLmding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Burrower any interest or earrings on such loss reserve, if permitted under Applicable Law. Lender an n,h longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the p xiod that Lender requital provided by an insurer selected by Lender again becomes available, is oblain�d, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pal the premiums requited to maintain Mortgage Insurance in effect, if permitted under Applicable Law, or to provide a non-refundable lea reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Burrow= and Lender providing for such termination err until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation a interest at the rate pprrovided in the Note. Mortgage Insurance reimburses lender (or any entity that purchases the Note) for certain loses it may incur if Borrower due not repay the Loan as agreed. Borrow= is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in fora from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (m parties) to these agreements. These agreements may require the mortgage insurer to make payments wing my source of funds that the mortgage insurer my have available (which may include funds obtained from Mortgage Insurance premiums). As a reach of these agreements, Lender, my purchaser of the Nate, another insurer, any reinsurer, any other entity, or my affiliate of my of the foregoing, may receive (directly or indirectly) amounts Out drive from (or might be characterized as) a portion of Borrowers payments fm Mortgage Insurmce, in exchange for sharing or modifying the mortgage insurer's risk or reducing Iowa. If such agreement 46Faraafae /0a14a91ai Mom=MA-U*F9nM-fnnYMMinEYMrI1MIFept M811UYFMT WnM YaG eMNlrvp imam991,o,11 Was. Kea. f .'8wrcn Y W mMMPlrarl03Sa 4 I Ira 11111111111111 Image B0: 000001941927 Type: Cm, 430 of 20 ox2996Pn RECEIVE[) SEP 10 2014 DC'f4KUDCI9'}' Book:2998 Page:423 Seq:8 Pape 9 of 20 provides that an affiliate of Lmda takes a share of the insurer's risk in "change for a share of the premiums paid to the insurer, the arrangement is often termed " xptive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage lasursnce, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights M,mwer has - if any - with respect to the Mortgage insurance under the Homeewuees Protection A. t of 199E or any other law. Theme rights may include the right to receive certain disclosures, to request and obtain installation of the Mortgage Insurance, in have the Mortgage Insurance terminated automatically, and(or to receive a refund of any Mortgage Insurance premiums that were u,earned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfelhpra All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceals shot[ be applied to restoration or repair of the Properly, if the restoration or repair is economically feasible and Lenders security is not lessened. During such scour and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments es the work is completed. Unless an agreement is made in writing or Applicable Law requires interest m be paid on such Miscellanas ss Proceeds, Lender shall nee be required to pay Borrower any interest or earnings on such MisceBanceua Proceeds. If the restoration car repair is got economically feasible or Lenders security would he lessened, the Miscellaneous Proceeds shill be applied m the same sawed by this Security Instrument, whether a not than due, with the eaass, if any, paid to Borrmva. Such Miscellaneous Proceeds shall be applied in the order provided fen in Section 2. In the event of a total taking, destruction, or Iona in value of the Property, the Miscellaneous Proceeds shell be applied to the sums secured by this Security Instrument, whether or not than due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the Parris] taking, destrction, a lou in value is equal to or greater than the amount of the seam secured by this Security Instrmrleot immediately before the partial taking, destruction, or loss in value, tmias Borrowa and Leda otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneotu Proceeds multiplied by the following fraaion: (a) the total amount of the semis seared immediately before the partial taking, destruction, Or loss in value divided by (b) the fair marks value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shell be paid to Borrower. In the event of a partial taking, destruction, a toes in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is Imes than the arrawt of the sums seamed immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the soon seared by this Security Instrument whether nr not the amen are than due. If the Property is abandoned by Borrower, a if, after notice by Lander to Borrower rhs] the Opposing Party (as defined in the nest sentence) offm to make an award to settle a claim for domages, Borrower fails to respond to Lenda within 30 days after the date the r min is given, Lender is authorized to ODUM and apply the Miseollaneoua Proceeds either to res O1nAin or repair of the Property a to the sums secured by this Security Instrument, whether Our not than due. "Opposing Party" mews the third patty that owes aorro]va Miscellanea" proaals or due party against wham Borrower but a right of actin in regard to Mismilareout Proceeds. Borrower shall be in default if my action a proceeding, whether civil a criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can sue such a defmlt and, if acceleration has occurred, reinstate as provided in Section 19. by causing the action or proceeding to be rslsueroo ...Hare.. NdnN ean]lNeS'n.M fun A..fwpYMMR.fy Yr YHfelY MT1UYFM wITX YYY-arMirva ipw papa Ip1 YYP a YYAeael l.r.]) wM✓f Niue M. S�rNe pfp,eN 15 I®111111111111Cap Smepe 10: 00000tPan$ 9 Ory020 p11P Papa D o1 20 eK2996 Po431 rSE �n P 10 2014 DCbf MADCrrY Book:2996 Page:423 Seq:9 Pager 10 of 20 dismissed with a ruling that, in Lender's judgment, precludes foul allure of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument. The proceeds of any award a claim for damages that are attributable to the impaim tan of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restore, ion or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Ns.t u Walver. Extension of the time for payment or modification of amortization of the aunts secured by 0„is Security Instrument granted by Lander to Borrower or any Successor in Interest of Borrower shall not olmotte to release the liability of Borrower or any Successors in Interest of Borrower. Lerida shall not be required to commerce proceedings against any Successor in Interest of Borrower a to refuse to extent, time for payment or otherwise modify amortization of the sums seed by this Security Instrument by mason of my demand made by the original Borrower many Succem ms in Interest of Borrower. Any forbc mince by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Succesaom in Interest of Borrower or in amounts less than the ; mount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; C"lgners; Suacmml� and Assigns Bound. Borrower covaants and agrees that Borrower's obligations and liability shall be jo int and several. However, my Borrower who co-signs this Security Instmment but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument orgy on mortgr. grant and convey the co-signers interest in the Property under the taws of this Security Instrument; (b) is not personally oblillated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and my other Bar�wa can agree to extend, modify, forbear or make my accommodations with regard to the tams of thi : Security Innmmatl or the Note without the cosigners consent. Subject to the provisions of Section 18, my Suatmor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing, and is approval by Lender, shall obtain all of Borrowers rights and benefits under this Security hatrument Borrower shell not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the snaceamm, and assigns of Leader. 14. Loan Charges. Lender may charge Borrower fas for services performed in connection with Borrowers dcfmlt, for the purpose of protecting Lender's interest in the Property and rights under this Security lawturem, including, bid not limited to, attorneys' fees, pproroperty inspection and valuation fees. In regard to my other fees, the absence of express authority in this Su:hnity Instrument to huge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Low is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collard or to be collected in connection with the Low exceed the permitted limits, then: (a) my such low chugs dell be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) my anon already collated from Borrower which eaceeded permitted limits will be refunded to Borrower. Lender may choose m make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a al prepayment without my prepayment charge (whether or not a prepayment charge is provided for the Note). Borrower's acceptance of my such refund made by direct payment to Borrower will constitute a waiver of my right of action Borrower might have wising out of such overcharge, 15. Nodeea. All notices given by Borrower or Lerida in amnectim with this Security Instrument most be in writing. Any notice to Borrower in connectiem with this Security Instrument shall be damed to have been given to Borrower what maild by first class mail or what actually delivered to Borrower's notice address if set by other names. Notice to my one Borrower shall constitute notice to all Bonrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrowa shell promptly ansuassa Yesnaun XOaiX CARJ1arA BNfYFw,fY'FYe,YNWfreUMMSOMrORY NaiaYY&i WRM YfA9 pyp MTn,M yup atWis. Wa%n aNaWFMpaarkp Pont 3034 1N1 w. �j VMR� IN«Irl 1a 11 MLf,� f [saps ID. 00MI041629 2 CM 10 of w2996 po432 rSE RECEIVED P 10 2014 DCM-Mocrry Book:2996 Page:423 Seq:10 !. Page 11 of 20 notify Lender of Borrower's change of s ldre a. If Lender specific: a procedure for reporting Boerower's change of address, than Borrower shall only r. port a change of ad Press dumrgh that specified procedure. There may be only one designated notice addrem under this :ecw ity Instrument a any one time. Any notice in Lender shall be given by delivering it or by nailing i, by fuel class mail to Ladd a address stated herein unless Lender has designated another address by n ,tice In Borrower. Any notice in connection with this Security Instrument shall not be dined to hav : borer given to Lender until actually received by Lender. If any notice required by this Security Interim art is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. If. Governing Law; SeverablBty; Rates of Constructit,a This Security Instrument shall be governed by federal law and the law of the jurisdiction in whica the Property is located. All rights and obligations contained in this Security Instrument we subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be removed a a pn bbitim against agreement by contact. In the event that my provision or clause of this Security Instrur,unt or the Note conflicts with Applicable Law, such conflict shall not effort other provisions of this Se unity InsWnent or the Note which an be given effort without the conflicting provision. As used in this Security Immanent: (a) words of the masculine gander shall roan and include corresponding neuter words or words of the feminine grnd.x: (b) words in the singular shall mean and include the plural and vice verse; and (c) the word "may" lives sole discretion without my obligation to tale my action. 17. Borrower's Copy. Borrower shall be given one copy of the Now and of this Security Instrument. 18. Tramfa of the Property or a BeneBdal Iota est In BotTower. As used in this Section 18. "Interest in the Property" meets my legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for cloak contract for deed, installment sdes contract or escrow agreanenk the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or my part of the Property or my Interest in the Property is sold or transferred (or if Borrower is not a natural pawn and a beneficial interest in Borrower is sold or transferred) without Lenders print written consent, Lender may require immediate payment in full of all sums seamed by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lade exacises this option, Larder shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums sacred by this Security Instrument. If Borrower fails to pay time ems prior to the expiration of this period, Lender may invoke my remedies permitted by this Security Instrument without furtha notice a demand on Burrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at my time prior to the what of. (a) five days before sale of the Property pursuant to my power of sale contained in this Security Instrument; (b) such other period at Applicable Law might specify for the termination of Borrowers right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are But Borrower: (a) pays Lander all sums which Dun would be due under this Security Imtmment and the Note at if no accrenstion had occurred; (b) cores my default of my other covenants or agreements; (c) payer all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomeys furs, property inspection and vahatim fees, and other fees incurred fm the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender my reasonably require to secure that Lender's interest in the Property and rights umda this Seomity Instrument, and Borrower a obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pry such reinstatement tons; and expenses in one or more of the following forms, u selected by fender: (a) ash; (b) money order; (c) certified check, bank check, treasurer' a check or cashier a check, provided my such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality of entity; or (d) Electronic aunrai mrr;aats afNGIDUliA Selk1tmp.fwbYe'irWMYK e4aeRY MafNUY9II W1iN Yfa9 0�MTgn ism faM In, V4NePar vYANINCI Mao WYIwa.1—FMmodbat ilose, ZO: Y Ppi (rpla P... 11 of 20 eK2996 PA33 f SEP 10 2014 +t ACM-mMcrrY Book:2996 Page:423 Seq:11 Pogo 12 of 20 Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain tally eRertive a if no acceleration had occurred- However, this right to reinstate shall not apply in the case of acceleration under Section I S. 20. Sate of Note; Change of Loan Service; Notice of Crievonm The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known a the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable law. That also might be one or more changes of the Latin Servicer unrelated to a sale of the Note. If there is a change of the Loan Services, Borrower will be given written notice of the change which will elate the name and address of the new Loan Scrvicer, the address in which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Services other than the purchases of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Services or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchases. Neither Borrower nor Lender may counnmw, loin, or be joined to any judicial action in either an individual litigant in the member of a clean) that also from the other patty's actions pursuant to this Seemly Instrument or that alleges that the other party has breached any provision of, or any duty owed by ressm of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 1 S) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed a be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant m Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21; (a) "Haeardouus Substances" ere those substances defined as toxic or hazardous substances, pollmants, or wastes by Environmental Law and the following subsw»ces: gasoline, kcrmcnc, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Fnvironmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Eaviroonuvlal Law; and (d) an "Environmental Condition" means a condition that can muse, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten m redeem, any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affectingg the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Conrktiom, of (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely effects the value of the Property. The preceding two sentences shall not apply to the preseem uuF a storage on the Property of smell quantities of Hazardous Substances that are generally recognized to be appropriate to romal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in comminer products). Borrower shall promptly give Lends written notice of (a) any investigation, claim, demand, lawsuit or otha action by any governmental or regulatory agency or private party involving the Property and my Hazardous Subaence or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, dischargq release or threat of release of any Hazardous Substage, and (c) any condition unused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Properly. H Borrower leams, or is notified by any govemmenal or regulatory anthority, many private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in ac iordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. salssre son Toouosuo NOm CAROLNU-BI�gYFNnYs�rYYNYWflMGNMS VNiO1N Msr1WNFNi wIiN NmM-aW of irvN /' For. MU 11a1 VYP • W.M. LAWNY I..NNms lam— VM W .INC)slooloV NIaWa Nrvee 9 1�010: 00 194INI Type: CW Incas 70: 000001Pact 1 Tof 2 lX1P Para 12 01 20 lw2996 Po434 RECEIVED x SEP 10 2014 'S DCM-MHD CITY Book:2996 Page:423 Seq:12 Page 13 of 20 NON -UNIFORM COVENANTS. Borrower and Lender: further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Smrlty Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default mu::t be cured; and (d) that failure to cure the default on or before the dale specified In the notice may result In acceleration of the sums aecured by this Security Instrument and sale of the Property. The notice shell further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the oon-existence of a default or any other defense of Borrower to acceleration and sale. If the default Is not cared on or before the date specified in the notice, Leader at its option may require immediate payment In full of all sumo secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by Applicable Lew. Leader shall be entitled to collect all expenses Incurred In pursuing fire remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, and If it is determined in a hearing held in accordance with Applicable Law that Trustee ran proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated In the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shell apply the proceeds of the sale In the following order: (a) to all expenses of the sale, Including, but not limited to, Trustee's fees of 5.000 % of the gross sale price; (b) to all sums secured by this Security Instrument; and (e) any excess to the person or persons legally entitled to It The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release. Upon payment of all sums secured by this Security Instrument, Leader or Trustee shall cancel this Security Instrument. If Trustee is requested to release this Security Immument, all notes evidencing debt secured by this Security Instrnumt shell be surrendered to Trustee. Borrower shall pay any recordation costs. Lender may charge Borrower a fee fm releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is perni0ed under Applicable Law. 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to my Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveymm of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. Ahmneys' foes must be reasonable. 6S13534300 roaVosseo HORTH CAROLINA-SIPWID`W%1IY-Yana MNI Mag MS VNFOse MSTWM"T WITH MOTS asp of TrvM hm"1Y1M1 Wp viiiexluwM FmpGH kokn Inh VMN CZ �Oee11 Issue ID: 000001941932 Type: CRP PAO& 13 of 20 BK2996II rSE REc�P 10 2014 Book:2996 Page:423 SegA3 Papa 14 of 20 BY SIGNING UNDER SEAL BELOW, Borrower accepts and agw; to the tern and mvcalmts curtained in this Sewrity ITMtIIMint and in my Rider mmaed by Borrower and rewrded with it. Witnesses: (Seat) -Borrower (Sell]) -Borrower (Sea[) -Borrower (Seal) Nancy -Borrower — (sew) -Borrower _ (Seal) -Borrower (sew) -Bosrowrr YaMarCA�ININA-W FmIV-FpM1YWFMIY MactAi AMNSMIAMWITHUM DWYTM Faw33, I'D, oo W~ FInYFInYWYIwYu I■�®■I p■g pg�� MW YYR I40 I��I'M0001III�Y��66 imapa ID: 00000194111CM Type: UP Papa 14 or 20 aK2996 po436 rSE RECErVED P 10 2014 DCMMHDCrrY Book: 2996 Page:423 Seq: 14 Papa 15 of 20 STATE OF NORTH CAROLINA, 1, spa,w;IK;Vs"n a Notary Public of the Cowry of gzo-w n certiythat Wayne D Hauck III and Nancy B Hauck County ee:1 -44Aw State of North Carolina, do hereby who is/are known to use or proved to me on the basis of satisfactory r-vidata to be the persou(s) described, personally appeared before me this day, each acknowledging to me that bdalWthey voluntarily signed the foregoing instrument for the purpose stated therein, and m the caperity indicated. Mouses my hand and official seal this 4L 2Ss41% ,my of Ppri1a 2)11 (bel� My Commission Expires: i • ll -11 SANDRA WILKINSON NOTARY PUIIUC ROWAN COUNTY NOi7rH CAROL117 11 aW Commirtld� Egt it STATE OF NORTH CAROLINA, The foregoing certificate of a Notary Public of the County of is certified to be correct. This day of �QMd.IA_ L)Ja � 1ta_,tteaa. Nonov Public State of Registrar of Docds BY Deputy Assistant County era: utsnuen reeuaau xowrxumewa-rp.r..�w-ran.axenaelaee uMlroga eNrwaan wrtx atalawxrrvx rem aeax trot ww:sxx.wrw.xxawre .....� vun�dc)lowaa1 soon miss ,w1M1�i1� lauAo(]to: OO=10"4 es4 Type: OEP pan i oK2996 P043 fJ6 of 20 RECM M SEP 10 2014 DCM MHD CITY Book:2996 Page:423 Seq:15 Page 16 of 20 Exhibit A Al that certain tract or parcel of land lying and being in Number Seven Township, Craven County, North Carolina, and being more particularly described as follows: Being all of Lot Number Eighteen (18) as same is shown and del insisted on a map of Bridge Pointe Harbour, Phase Two, said map being recorded in Plat Cabinet G, Slide 182-E, in the office of the Register of Deeds of Craven County, North Carolina, reference to said map being hereby made for a more perfect description of said property. Image 10; 00=10pa OW ll Image ID: 000p0tPaSge310Tof 20� sK2996 PAM (HAUCK, WAYNE CCNST.PFD/11HAUar23.COWS) RMSWM EP 10 2014 �v DCMMNpCfly Book:2996 Page:423 Seq:16 Page 17 of 20 SECOND HOME RIDER THIS SECOND HOME RIDER is made this 22 day of 7 �p1 and is incorporated Into and shall be deemed to amend and supplemBnt l6e Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument') of the same date given by the undersigned (the *Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to Branch Banking and Trust Company (the 'Lender') of the same date and covering the Property describeJ in the Security Instrument (the "Property"), which is located at: 102 Bridge Pointe Dr NEW BERN, NC 28562-6458 [Property Address] In addition to the covenants and agreements made in the Severity Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of !he Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall ont7 use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Properly to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent fine materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. 6615538300 7001409899 MULTISTATE SECOND HOME RIDER - Single Family - Fannie MailFroddls Mac UNIFORM INSTRUMENT Form 3690 1101 Page 1 of 2 Iniliala:�_ at-36SR(0811) VM P Mortgage Solutions, Inc.(800)521-7291 Imago Ia: 00=19413 17 of OW 2 BK2996 Po439 RECEIVED SEP 10 2014 Book:2996 Page:423 Seq:17 Page 1e of 20 BY SIGNING BELOW, Borrower accepts anc agrees to the terms and covenants contained in this Second Home Rider. WN f (Seat) Wayne ArHauck II -Borrower Nancy B Ha c -Borrower -Borrower -Borrower _ (Seal) -Borrower -Borrow er (Seal) (Seal) -Borrower -Borrower 6615538300 7001409899 MULTISTATE SECOND HOME RIDER - Single Family - Fannie MaeTraddle Mac UNIFORM INSTRUMENT Form 3890 1101 et-365R (0811) Page 2 of 2 IMAM 10: 000001Pace to ofTYPo20� w2996 Pa440 RECEiVEU SEP 10 2014 r. a DCM•MHD Crry Book:2998 Page:423 Seq:18 Page 19 of 20 CONSTRUCTION LOAN UDER TO DEED OF TRUST This CONSTRUCTION LOAN RIDER made this the 22 day of I¢jI, 2MI , is incorporated in and shall be deemed to amend and supplement the Mortgage, Dud of Trust Or Security Deed (the "Security Insuument") of the same date given by the undersigned (the "Borrower") to secure Borrower's note (the "Note") to Branch Banking and Trust Comp.arty ,a NORTH CAROLINA banking corporation (the "Lender") of the same date covering the property described in the Security Instrument and located at: 102 Bridge Pointe Dr, NEW BERN, NC 28562-6458 (Property Address) Additional Provisions. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: Pursuant to the provisions of Section 45-67 a seq. of the North Carolina General Statutes, this Security Instrument secures the payment of debt evidenced by the Note and includes present and funtre advances. The cumem dollar amount of the debt outstanding on the date hereof is Nome Dollars (if none, so state). The maximum principal amount secured by the Security Instrument is $ 250.000.00 . No execution of a written instrument or notation shall be necessary to evidence or secure any future advances made hereunder. The period within which future advances are to be mode shall be the fifteen -year period beginning on the date of this Construction Loan Rider. The Borrower has on the date hereof executed a Construction Loan Agreencint, the terns of which are incorporated herein by reference as if set forth fallowing. Any default in the terns, conditions, covenants or Provisions of the Construction Loan Agreement executed by Borrower and Lender shall constitute a default under the terns of this Security hatnunent. In the event of such default, Lender may, a its option, require immediate payment in full of all sums secured by the Security Instrument and this Rider. If any person, corporation or other entity including without limitation the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association but excluding Lender (or an Affiliate or Subsidiary of Lender as deemed in 12 U.S.C-S. 1841) buys all or some of the Lenders rights under the Security Instrument and Note, (said assignee herein "Third Party") the terra, promises and agreements in this Riderwill non longer have any fume or efect, except for those terra above which are necessary to ensure the priority and efrectiveness of the Lenders lien, which shell not be affected by any such sale. Without in any way limiting the foregoing, the Borrower shall not have an option under this Security Instrument to borrow additional funds secured hereby from the Lender or from the Third Party upon purchase of all or some of the Lenders right under the Security Instrument and None by the Third Party. Notwithstanding the foregoing provisions, the ability of the Lender, its succesmrs and assigns, to enforce the repayment of future advances made prior to the sale of the Security instrument to the Fedem Home Loan Mortgage Corporation or any other Third Parry shall remain in full force and effect. IINAIYPoIBfI61PYI 11 W Itl1AlAgl1M 7001409899 Image 10: 00000194183B Tvpe: CRP 1111}INC iasat Pace 19 of 20 66 00 ax2996 pg441 RECEIVED i " SEP 10 2014 r DCM-MHD CITY Book:2996 Page:423 Seq:19 Papa 20 of 20 By signing below, Borrower accepts and agrees to the term and covenants contained in the Construction Loan Rider. IN WITNESS WHEREOF, each Borrower has affixed his Hand and adopted u his seal the word "SEAL" appearing beside or near his signatti a the day and year first above written. Wayne O uck Itl •Boaower D lanrry B Hau-11o,owa _(Sal) (Sul) -Burrower .8. IMge I0: 00=1041:39 Type: 011P Panes 20 of 20 BK2996 Po442 70014M99 6615538300 0110.2NC soon •wu✓r RECEIVED SEP 10 2014 DCM-MAD CITY Book: 2996 Page:423 Seq: 20 North Carolina Pat McCrory Governor The Sun Journal Legal Advertisement Section P.O. Box 1149. New Bern, NC 28563 NCDENR Department of Environment and Division of Coastal Management Re: Public Notice —Wayne Hauck Dear Sir: Braxton C. Davis Director Natural Resources John E. Skvarla, III Secretary December 1, 2014 Please publish the attached Notice in the December 10, 2014 issue of the Sun Journal. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Daniel Govoni Roy Brownlow 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247.3330 Internet: www.nccoastalmanagement.net An Equal Opportunity\AHirmabve Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory - Braxton C. Davis John E. Skvarla, III Governor Director Secretary NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A- 119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on November 14, 2014. According to said application, Mr. Wayne Hauck proposes to construct a docking facility within the Trent River, at 102 Bridge Pointe Drive, in New Bern. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to January 1, 2015, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: December 10, 2014 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Fax Send Report Date/Time DEC-01-2014 04:11PM MON Fax Number Fax Name DCM MHDCTY Model Name SCX-5x30 Series No. Name/Number StartTime Time Mode 295 919109382722 12-01 04:10PM 00'29 ECM uuewl w`W un�4rM1Nl irt�ur �s�ywdv 1WWLlIBaSL MV! p�ems�mxx Ao+�v144L611D Pa"W L$a kl'dq VVW>'WV'Ntl aLxun41 f01 A.J.osg Roa monpOlansv0 as amropog annanlarerda>♦tuawa8aunyy lmseoJ I l a u u g any/�yyJy^a�npyOta//qr '.(Iaraavis mp). sw) pvagmoW mo m aw tavtuw ancald •suunsanb Ru anvq pinoys noRi 'aanew riyl m aauelsme moR ra) no6 �seyy 'BOBI-S0e (ZR)aw'V lal yvamae pysno0 do WNRI 7N `n' pOj8p.Wp.ppP M xloeul ryplvpo uv pun 'aapvypayvpyndayt,ry.tdualeu!Xuo p pmWtl }peplanaylpIO '8ms!panpeud¢denaurn)luawfed of rond vopvaiNnd Jo t!.vpn)tl w9po uv sannbvmwa Om W pm IaSPnp )n aoly0 ojwS aql '1 p 0,nS ayt NNI MZ'Ol raq aaa0 ayt u! mgoN pagoepv aqt Vs!IVnd meld nS maa yaneH awSaM—m!ON aggV :a}I [958Z JN'—G-IN 6V11 r^9'0'd uonwS luvwamanpy @8al Ivnsnol unS ayy b10Z'[ raqunx0 .(Rlwoes lOp I,Q IOW21ArJ 111'viams auWf elAed'p 's A 03W led WewepeuvW lets lau ,.c saomosay Iejn! N pue luewualnu W luewpm Page Result O.K North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory, Governor Date: June 4, 2014 Applicant Name: —Otis Hauck Address:_] 02 Bridge Point Dr New Bern, NC 28562 I certify that I have authorized (agent): Foley Contractors to act on my behalf, for the purpose of applying for and obtaining all CAMA permit necessary to install or construct. (activity) DockBoathouseBoatlift at (location) _Same This certification is valid thru (date) Dan Foley Contractor 1810 Old Airport Rd New Bern, NC 28560 252-636-2515 rD RECEIVED EP10 2014 CM -mini CITY 400 Commerce Ave. Morehead City, NC 28557 Phone: 252-808-2808/Fax 252-247-3330/Internet: www.nccoastalmanagement,net 0 Pat McCrory, Governor Date: June 4, 2014 Applicant Name: —Otis Hauck Address:_102 Bridge Point Dr New Bern, NC 28562 S I certify that I have authorized (agent): Foley Contractors to act on my behalf, for the purpose of applying for and obtaining all CAMA permit necessary to install or construct. (activity) Dockfr /Boatlift at (location) _Same This certification is valid thru (date) (1) year Dan Foley Contractor 1810 Old Airport Rd New Bern, NC 28560 252-636-2515 fi 400 Commerce Ave. Morehead City, NC 28557 Phone: 252-808-2808/Fax 252-247-3330/lntemet: RECEIVED Nov t A 20 DCM-WG Q" vv) 11) .9-C, rn 9101, x 5' con('r jooi< L!,-- F101,61 ('It thc, O'nol- On -Hqc, 11''o/irld 6Wk c,)-p cloak,-j I 17,"z Pape t of 20 torHflow No. 0000046.72-00% DEED OF TRUST Return To: Eeff Prepared By: Sbesieri X pyTF PkbwW at Tau IN111111111111111 Bs orded: dW0//26 20142atT12B39C58 PM "a Ant: i97.00 pap• 1 of 20 WerkfI.W# 000004a972-W01 Craven, Nc Sherri B. Richard Register of Deods eK2996 Pi423 MrK 100159966155383002 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, IS, 20 and 21. Certain rules regarding the tFsige of words used in this document are also provided in Section 16. (A) "Security Instrmmegt"means this document, which is date) Alri.l 22, 2011 , together with all Riders to this document. (B) "Borrower"is Wayne 0 Hauck III and Nancy 8 Hauck, hlalsd afd wife Borrower is the mistor under this Security instrument. (C)"Lender"is Branch Banking and Trust Company Lender is a Corporation organized and existing under the laws of NORTH CAROLINA Lendeesaddreasis 223 West Nash Street, Wilson, NC 27893 (C-1) The name of the Mortgage Broker is aalsssuos J1 toouosess NgiTICARK I-Wgknosh FukMWF61* MSUNIFoNM INSTRUMFHT WITH ME0.t-a 07.M � Fw 9E3t 1N1 VMPOW.a. VW%.. 4�ren Mlub VMp rrMt101I NNI, RETURN TO: STEVEN K . BELL P.O. BOX 1355 NEW BERN, NC 28563 itBCt;14 t RECEIVED SEP 10 2014 NOV 14 2014 DCM-MHD CITY DC2/ Phl'�i C1d Y COPY Book:2996 Page:423 Seq:1 Page 2 of 20 (D)^rrustee"is Frances Jones (E) 'TIERS" is Mortgage Electronic Registration Systems, Inc. MERE 'e; a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assi pa. MERS is the benefaelary under this Security lextrumeat MERS is organized and existing under I ne laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, rd. (888) 679-MERS. (F)'Tlote"mcaus the promissory note signed by Borrower and dated as of the date hereof The Note states that Borrower owes Lender Two Hundred Fifty Thousand And Zero/100 Dollars (U.S. $ 250, 000.00 ) plus interest. Borrower has promiv d to pay this debt in regular Periodic Paymarb and to pay the debt in full not later than May 01, 2027 (G) "Property" means the property thm is described below under a le heading "Transfer of Rights in the Property," (if) "Loan" means the debt evidenced by the Note, plus interest, :,ny prepayment charges and late charges due under the Note, and all was due under this Security Instnmte ot, plus interest. (1) '16ders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be "=led by Bormwer [check box as applicable]: Adjustable Rate Rider ❑ Condominium Rider ® Second Home Rider Balloon Rider Planned Unit Development Rider ❑ 14 Family Rider d vA Rider F1 Biweekly Payment Rider ® Otha(s) [specify] Constr/Perm Rider (J) "Applicable Law" means all controlling applicable federal, state and local Mauna. regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (IQ "Community Association Dues, Fees, and Assewments" means all dues, fees, assessmrnis and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) 'Tieclranic Funds Transfer" means any transfer of Funds, other than a transaction originated by check, drug, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, point-ofazla transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that we described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all many part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, a omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the loan. (P) 'Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amorous under Section 3 ofthis Security Instrument. 001303a 1" r00fe01e99 NOmN CAROLMA-MnVe Fwfly-FnnbMWRkGMwUNF0W INSTWU yWRN MON-OW YTry � F"n 303e 1N1 Wdl"ai Klu""TL,nciY 9ervlces InOtl�VMPoA ��031 f� S lggliIl�1��g1gli�� iI��I�g�g tD�a���aa���ga ��gI����iIllll�lgI��l�1a�1I g®aap�aa laalM�lgllglrrIg� lal autRO ID: 00Al®941821 Type: cRp Iuaue I0: 000001Page CSP 2 of er 2d sK2996 Pa424 Book:2996 Page:423 Seq:2 Pape 3 of 20 (Q) "RESPA" mearss the Reel Estate Settlement Procedures Act (12 U.S.C. Section 2601 u seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 5500), as they inight be amended from time to time, or any additional or successor legislation m regulation that governs der same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify n a "federally rotated mortgage loan" under RFSPA. (R) 'Successor in Interest of Borrower" means any party that has In'= title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Irstrmnun is MERS (solely as nominee for Lender and Lenders successors and assigns) and the successors and assigns of MERS, This Security Instusent secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (it) the performantt of Eortowees covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and convey-. to Trustee and Trustee's successors and assigns, in trust, with power of sale, the fallowing described property located in the County of CRAVEN (Type of Recording Jurist ictionj [Nam of Recording Jurisdiction] 9e'7TiM'cr a.,uu - Parcel ID Number: 7-002-1-018 which currently has the address of 102 Bridge Pointe Dr [Street] NEW BERN [City), North Cuolina28562- 6458[Zip Code] ("Property Address"): TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the improvetne nts now or hereaft erected on the property, and all easements, appurtenances, eod fixtures now err hereafter a part of the property. All replacement; and additions shall also be towered by this Security Instrument. All of the foregoing is referred to in this Security Instrument ee1e534300 ......5ua NONiNGPIOLM FpN ivy hmYYWPMre YS UNiOWr nafaaYCMi W?N YfRS-n,eE of imtl Po.30N IV, VYPe V.MW)108 VVK.KeIr. n datlokp 1tgyp �I��yrrt�®N W ® Intl Pp M I�e111�19418�1 ItlaM tnapa ID: 0p0001ppa1aggee23 of TY20 CRP w2996Po425 RECEIVED Nov 1 A ?M DCM-MHD CITY COPY Book:2996 Page:423 Seq:3 Page 4 of 20 as the "Properly." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrows in this Security instrument, but, if necessary to comply with law or custom MERS (as nominee for Lender and Lenders successors and assit ns) has the right: to exercise any or all of thou interests, including, but not limited to, the right to foreshore and sell the Property; and to take any action required of Lends including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully wised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is tursmunbered, ucept for encumbrances of record. Borrower warrants and will defend generally the title to the Properly against all claims and demands, subject many encumbrances of record. THIS SECURITY INSTRUMENT combines; uniform covenant for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Iterma, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrows shall also pay funds far Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Leads as payment order the Note or this Security Instrument is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Note and this Security Instrument ant be made in one or more of the following forms, as selected by Lander: (a) cash; (b) money order; (c) certified check, bank check, treasurers check or cashier's chc* provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location ac may be designated by Lends in accordance with the notice provisions in Section 15. Tender may return any payment m partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Burrows hereunder pursuant to Section 22 the Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment err partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, than Linder reed not pay interest on unapplied fund& lends may hold such uospplied funds until Borrower makes payment to bring the Loan content. If Barrows data not do so within a reasonable period of time, Lender shall either apply such funds m return them to Borrows. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prim to mreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Boarower from raking payments due under the Note and this Security Instrunnsn or performing the coverants and agreements secured by this Security Instrument. 2. Application or Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following Order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second many other amounts doe under this Security Instrument, and than to reduce the principal balance of the Note. If Lends receives a payment from liorrawer for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge If more than one Periodic Payment is outstanding, Leader may apply my payment received from Borrower to the repayment of the Periodic Psymems if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied many late charges due. Voluntary prepayments shall be applied first to any prepayment charges end then a t described in the Note. eelsamoo Iootwass sOMIealp{r!A-Weak Fw*-ffmMM1MPWM MaL Wom a,arF WM Twnn uM-owe a Tnn fwm)... 11ah N'-poi l6nr A�nlM aMvkal VMMa1NC , Ile, In�l Ppe{0111 11111111111111115 IwRI1W[eH1111 1 1 1M1Y111115 image ID: Page 4 of 20 ex2996 P426 Book:2996 Page:423 Seq:4 Page 5 of 20 Any application of payments, insurance procee K or Miscellaneous Proceeds to principal due under the Note shall nut extend or postpone the due date, or change the amount, of der Periodic Payments. 3. Funds for Escrow frame. Borrower shall p.ry to Lerida on the der Periodic Payments are due under the Note, until the Note is paid in full, a sum (,he "Funds") to provide: for payment of amounts due for. (a) taxes and assessments and other items which tan main priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasdmld payments or ground reds on the property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Iresurmm premiums, if my, or any sums payable by Borrower to Lender in li % of the payment of Mortgage Insurassce premiums in accordance with the provisimis of Section to. These items are called "Escrow Items." At origination or at any lime during the torn of the Loan, Le oder may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by t oaower, and such dues, fees and assessments shalt be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid undo this Section. Borrower shall pay Lerida the Foods for Escrow Items unless Lerida waives Borrower's obligation to pay the Funds for any or all Escrow It ma. Lerida may waive Borrower's obligation to pay to Lerida Foods for any or all Escrow Items at an y time. Any such waiver may only be in writing. In the event of such waiver, Borrower shrill pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waved by Lender and, if Lerida requires, shall furnish on Lender receipt evidencing such payment within s,. h time period as Lender may require. Borrowers obligation to make such payments and to provide rcer ipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument. as the phrase "covermd and agreement" is used in Section 9. If Borrower is obligated to pay Escrow, hmss directly. Pursuant to a wave, and Borrower fails to pay the moment due for an Escrow Item, Lend o may exercise its rights under Section 9 and pay such ammmt and Borrows shall then be obligated under Section 9 to repay to Lender any such amount lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Form xer shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at my time, collect and hold Funds in an amount (a) sufficient to permit Lmdcr to apply the Foods at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Foods shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or amity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Lou Bank. Lerida shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Bortewer interest on the Funds and Applicable law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lerda shall not be required In pay Borrower my interest or earnings on the Funds. Borrower and Lerida can agree in writing, however, that interest shall be paid on the Funds. Leda shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Foods held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay m Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lade shall notify Borrower as required by RESPA, and Borrows shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums sawed by this Security Insmlment, Lerida shall promptly refund to Ibrrower my Funds held by Lerida. 4. Charges; Lieu. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security 6ausment, leasehold payments or 6616]]4300 ih 110141111, NOam dmLNa -aIMN FnIry F .M.n 4MxaNF Mar .OTWITHMEM.. INTM [sari a0N 1101 VMVS F6 VMa C ry10]1 WpI1xF NlwannvslM 6xviex a Fpt6M16 ImI'�Illll4llllllfil [mope ID: 00000194024 Type: CRP Page 6 of 20 sK2996 pa427 w p;F.;C'EiJz:13 SEP 0 201�1 RECEIVED Nnv 14 20N PCs. DCM-MHD CITY COPY Book:2996 Page:423 Seq: 5 Page 6 of ZO ground rents on the Property, if any, and Community Association Does, I =, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay than in the masher provided in Section 3. Borrowa shall promptly discharge my lien which has priority ova this Security Instrument unless Borrower: (a) agras in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against eafmcmusim of the Jim in, legal proceedings which in Lender's opinion operate to Prcvem the enforcement of the lim while chase proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lim to this Security Instrument. If Lender determines that my part of the Property is subject to a lien which can attain priority ova this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lice in take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Linda in connection with this Loan. S. Property Innranee. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended average," and my other hazards including, but not limited to, earthquakes and Floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires What Leach requires pursuant to the preceding s ntences can change during the term of the Loan The insurance carrier providing the insurance shall be chosen by Borrower subject to Lader's right to disapprove Borrower's choice, which right shall not be exercised mumsonabiy. Lender may require Borrower to pay, in connection with this Low either: (a) a one-time charge for Flood zone determination, certification and cracking seniors; or (b) a one-time charge for flood zone determination and certifrwtion services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or eatifiwtim. Borrower shalt also he responsible for the payment of my fees imposed by the Federal Emergency Management Agency in connection with the review of my flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Linda may obtain Insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase my particular type or amount of average. Therefore, such coverage shall cover Linda, but might or might not protect Borrower, Borrower s equity in the Properly, in the contents of the Property, against my risk, hazard Or liability and might provide greater or lesser average than was previously in effect. Borrower acknowledges that the cost of the insurance average so obtained aught significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Linder under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement aid shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject no Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall name Lenda as mortgagee mdf m as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains my form of insurance coverage, not otherwise required by Lender, fen danage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall more Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance curia and Lender. Lender may make proof of lose if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, my insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and [.order's security is not lessened. During such repair and restoration period. Lenda shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lenders satisfaction, provided that such inspection shell be undertaken promptly. Lender may disburse proceeds for the repairs and restocatia in a single payment or in a series 661ss3,30o `� 700110960E NORT"CARXNA-$(ry Fw4- hue MWRMm MS UMFeg11NaRUMVIT WM Mnb-a dTNa % Fun 30E11p1 WdP�Nhnv FMFnpM E�r1uF ,_,�f- `m,ft INC)1060E 'L"�6� wW8d1� I����Id194111®�� Imeps ID: 000OOlafeZCRP p6 Type; CRP Papa a of 20 w2996m428 Book:2996 Page:423 Seq:6 Papa 7 of 20 COPY of progress payments as the work it completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such procedc Fees for public adjusters, or other third parties, retained by Borrower stroll not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restmation or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Seaton 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrows does not respond within 30 days to a notice from Lads that the insurance carrier has offered to settle a claim, then Lander may negotiate and settle the claim. The 30-day period will begin when the notice is given. in either event, or if Linda acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Immament, and (b) any other of Borrower's rights (other than the right to any refund of mKmned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lenda nay use the insurance proceeds either to repair or restore the Property err to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property sus Borrowers principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservaton, Maintenenoe and Protection of the Properly; Inepectlona Borrower shall not destroy, damage or impair the Property, allow the Properly to deteriorate or commit waste on the Property. Whether or font Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Boaower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance Or condemnation proceeds are paid in connection with damage to, or the taking ol; the Property, Borrower shall be responsible for repairing or minting the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds fm the repairs and restoration in a single payment or in a series of progress payments as the work is completed. if the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lends or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Linder may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the brae of m prior to such an interim inspection speafying such reamnable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process. Borrower or my persons or entities acting at the direction of Borrower or with Botrowa's knowledge Or consent gave materially false, misleading, or inaccurate infomation or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower s principal residence. 9, Protection of Lender's Interest in the Property and Bights Under this Security Instrument If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) them is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower bas abandoned the Property, then Linda may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and sttlming and/or repairing eaarlOoo Faa llaFrar MenH CAMLMh-loll,FMn-fw*MWF,WOMMU MWO0.MMl MUam W"MM DoId T.W �( Fqn laH im, WeasF MgvsrmsiPL 9MriNF ypg�pagp�p�ygl�gyyl Bag (� y� spedy�p q■y VMFMINe)01a1 I9MgAlIAUA��WI�����M��il � na.ia ld Image ID: 00000199411826 TYPO: CW f 0 BK2996 PAN SEf 111 2014 RECEIVED NOV 14 YOU DCM-, '10 (MITY DCM-MHD CITY Book:2996 Page:423 Seq:7 Pager S of 20 the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable anameys' foes to protect its interest in the Property andi or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Save iag the Property includes, but is not limited to, entering the Property to crake repairs, change locks, rel dace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this 1. ration 9, Lender does not have to do an and is not under any duty or obligation to do so. It is agreed that I -ender incurs no liability for not taking any Or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts skill bear interest at the .cote rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall coly -vith all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the rx title shall not merge unless Lender agrees to the merger in writing. 10, Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Ins stance in effed. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available fran the mortgage insurer that previously provided such insurance and Borrower was required to trdre separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pa/ the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previc rely in effect, at a cost substantially equivalent to the east to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount o the separately designated payments that were due when the insurance coverage ceased to be in effect. 'Lender will accept, use and retain these payments a a non-refundable loss reserve, if permitted under Applicable Law, in lieu of Mortgage Insurance. Such loss, reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, if permitted under Applicable Law. lender can ri r longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the p siod that Lender requires) provided by an insurer selected by Lender again becomes available, is obtain A, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage insurance, Borrower shall pal the premiums required to maintain Mortgage Insurance in effect, if permitted under Applicable law, or to provide a non-refundable less reserve, until lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Leader providing for such termination ,r until termination is required by Applicable Law. Nodhing in this Section 10 affeds Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan in agreed. Burrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other pasties that share or modify their risk, or reduce losses. These agreements are on terns and conditions that are satisfactory to the mortgage insurer and the other party (a parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source Of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any remsnrer, my other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement r sasanaaa noouasers Mprm eMprMa.aiIFIrFMay-Fw,YYWina1YYYUXWXN IXarINYENT MnN YYS-aMW1rvY se)(08a1 WYVXx WMrnril aXiXY "Y APaaa:e�o(i inif11 liatlliWIiIIOIAYIIAAA ll Iaage Ip: 00000rsita27 rvpa; 00P 430 Of 26 sK2996 pe buy.... SFP .l o Z014 Book: 2996 Page: 423 Seq: 8 Page 9 0120 CppY provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed ".sptive reitrsmanm" Further: (a) Any such agreements will not affect the annuals that Borrower has agreed to pay for Mortgage lusurance, or any other terms of the Loan. Such agreements will not incmnt the amount Harrower will owe for Mortgage Inmrsmce, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Insurance under the Hammonton Protection At t of 19911 or any other law. These rights may include the right to receive certain dlaclosum, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance tern insted automatically, and/or to receive a refund of any Mortgage Insurance premiums that were euearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid in Lender. if the Property is damaged, such Miscellaneous Procee h shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Limiter shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay far the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is nude in writing or Applicable Law requires imerest to be paid on such Miscellaneous Proceeds, Sender shall not be required to pay Borrower say interest or eaoings on such Miscellaneous Proceeds. If the restoration or repair is not ecwomically feasible or Lenders security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, wilb the excess, if my, paid to Burrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the in = secured by this Security Instrument, whether or not then due, with the excess, if my, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, de mi otion, or loss in value, unless Borrower and Leader otherwise agree in writing, the sums secured by this Security Instrument shell be reduced by the smmmt of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total woman of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the Barns secured immediately before the partial taking, destruction, car loss in value, unless Borrower and Leader otherwise agree in writing, due Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are than due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) often to snake an award to settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by [his Security Instrument, whether or not than due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party ageima whom Borrower has a right of aeon in regard to Miscellaneous Proceeds. Borrower shall be in default if my action or proceeding, whether civil or criminal, is began that, in Lender's judgment, could result in forfeiture of due Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument Borrower can eve such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be aamis No 4 ef 7001,0000 Nd11M saWlNa 4i�0Y ieTly.FwrYMWiMfYNrt UXfORY NSt1814 FHT WRN Ynn-OW NimuN ft. 303a ln, VMr a VYWa0mC1 m0$0a1 WaXbt Niuws Mero'ar Senirtt qN a N , I��IIA00019411i1NN �l�� Image I0: 0(4)001419 GNP Page Of 20 8 of 20 4996 PA3 i Pi Cs(vl D RECEIVED SEP 10 2014 t NOV 14 ION DCM-MHD CITY Book: 2996 Page:423 Seq:9 Page 10 of 20 dismissed with a ruling that, in Lender's judgment, precludes forf eiturc, of the Property or other material impairment of Lender's interest in the Property or rights under fts Security Instrument. The proceeds of any award or claim for damages that are attributable to the impaim tent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to r ount ion or repair of the Property shall be applied in the order provided for in Section 2. 12. Ha rower Not Released; Forbearance By Leader Nr,t a Walva. Extension of the time for payment or modification of anmtimtion of the sums secured by tlds Security Instrument granted by Lender to Borrower a any Successor in Interest of Borrower shall not axnde to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be r aquired to commence proceedings against my Successor in Interest of Borrower or to refuse to anent, time fa payment Or otherwise modify amortization of the sum secured by this Security Instrument by :m n of any demand made by the original Borrows or any Successors in Interest of Borrower. Any fabarance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance at payments from third persons, entities or Successors in Interest of BeroWer of in amounts leas than the t mount then due, shall not be a waiver of or preclude the exact= of any right or remedy. 13. Joint and Several Liability; Cosiguen; Succler ms and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be jo int and several. However, say Borrows who co-signs this Security Instrument but does not execute the Note (a "C6sigual ): (a) is co-signing this Security Instrument only to mortgage, grant and convey the cosigner's interest in the Property under the terms of this Security Instrument; (b) is not personally oblil;ated to pay the arms secured by this Security Instrument, and (c) agrees tit Lender and any other Hurrswer call agree to extend, modify, forbear or make any accommodations with regard to the terms of thi-: Security Instrument or the Note without the cosigner's consent. Subject to the provisions of Section 18, any Suaxssor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing, and is approved by Lends, shell obtain all of Borrower'a rights and benefits mder this Security h.dmment. Borrower shall not be released from Borrewces obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants, and agreements of this Security Instrument shall bird (except as provided in Section 20) and benefit the successors and assigns of lends. 14. Loan Charges. Leader may charge Borrows fee+ for services performed in connection with Botrowee s default, for the purpose of protecting Leader's interest to the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other foes, the absence of exprus mthority it, this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition m the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Inatrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan chargea, and that law is finally interpreted so that the interest or other loan charges collected a to be collected in connection with the Loan exceed the Permitted limits, then: (a) my such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) my an= already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lends may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refmd reduces principal, the reduction will be treered ea a partial prepayment without any prepayment charge (whether or act a prepayment charge is provided for order the Note). Borrower's acceptance of my such refund made by direct Payment to Borrowa will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. NaHeu. All notices given by Borrows or Lander in connection with this Security Instrument most be in wailing. Any notice to Borrower in connection with this Setxrity Instrument shill be deemed o have been given o Borrows when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other mean. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Bcarmwer shall promptly rBlarO 300 ftW R CAFOMA -era ,W Faury-FwNYYYmrtlY WC UNrOPN IN81AVYaVi W rtX Yon 1014006" vMPWtaa'aNbMFnaMrl Barba nW lTiYe VYF4AMa)e��tO1 I■�I",��",����� � rrtF lLIN I� Ineaa Io: 0000019418210 of 20� BK2996 Po432 Book:2996 Page:423 Seq:10 Page 11 of 20 notify Lender of Borrowe's change of addre:.s. If Lender specific: a prucedure, for reporting Borrower's change of address, then Borrower shall only r: port a change of aches through that specified procedure. There my be only one designated notice address under this :tau ity Instrument at any one time. Any notice to Lender shall be given by delivering it or by trailing i, by first class mail to Lender's address stated herein unless Lender has designated mother address by n ,uce to Borrower. Any notice in ciu ection with this Security Instrument shall not be domed to hav : been given to Lender until actually received by Lender. If my notice required by this Security Instrun•ent is else required under Applicable Law, the Applicable law requirement will satisfy the muesponding requirement under this Security htslrummit. 16. Governing Law; Severabllity; Rules of Comtruetik.n. This Security Instrument shall be governed by federal law and the law of the jurisdiction in whie., the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly Alow the parties to agree by contract or it might be silent, but such silence shall not be construed as a pr, Ibibition against agreement by contract. In the event that my provision or clause of this Security Instrun,uat m the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument (a) words of the masculine gender shall intent and include corresponding neuter words or winds of the feminine grads; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Into eat In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deal, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any par of the Property many Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrows is sold or transferral) without Lender s prior written consent, Lends may require immediate payment in full of all sums secured by this Security Instrument. However, this optiou shall not be exercised by Leads if such exercise is prohibited by Applicable Law. If Lends "act= this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days flan the date the notice is given in accordance with Section 15 within which Borrower wrist pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Linda may invoke any remedies permitted by this Security Instrument without Earths notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrowa meets certain conditions, Borrower shall have the right to have enforcmrent of this Security Instrument discontinued at any time Prior to the earliest of: (a) five days before sale of the Property pursuant to my power of sale contained in this Security Instrument (b) such other period as Applicable Law might specify for the termination of Borrowers right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all swot which then would be due ends this Security Instrument and the Note ae if no acceleration had occurred; (b) cures my default of my other covenants or agreements; (c) pays all mvernea incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys fees, property inspectim and valuation fees, and other fees incurred for the Purpose of protecting Lenders interest in the Property and rights under this Security Instmmmt and (d) takes such action as Leader may reasonably require to assure tint Lenders interest in the Property and rights under this Security Instrument, and Borrower' a obligation to pay the an= secured by this Security Instrument, shall continue unchanged. Lender may require that Borrows pay such reinstatement sums and expenses in one or more of the Following forms, as selected by Leader: (a) cash; (b) money order; (c) certified check bank check, treasurer s check or cashia' a check, provided my such check is drawn upon an institution whose deposits we insured by a federal agency, instrumentality or mtiry; or (it) Electronic 6615,30340 NORTH CaagAa -Beals FMpry.Farte M6eftWHI6M6c aMIFOM INSTRUMENT WITH MFas-nWol T.d Femaf09t LpB VNP® W"IIwv NIwwFMntla awveu M VIA PagNC ("SON FK61 H1S Pap, 11 of 20 9K2996 PAN RECEIVED 2ECEIVBD NOV 14 7014 DCM-MHD CITY „t SEP 10 2014 t)�'1v1-MHD C1T'±' Book:2996 Page:423 Seq:11 Page 12 or 26 Funds Transfer. Upon reinstalemell by Borrower, this Security instrument and obligations secured hereby shall remain fluty effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section IS. 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Horroww. A sale might result in a change in the amity (known av the "Loan Savioer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. Thee also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. if that is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Savicer, the address to which payments should be made and my other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the Purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Service or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Bmrowa nor Lender may continence, join, Or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Leader has notified the other party (with such notice given in compliance with the requirem ems of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before mount action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and oppornmity to Coro given to Borrower pursuant in Section 22 and the notice of acceleration given re Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substanoce are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kermc ne, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction what the Property is located that relffie to health, safety or environmental proration; (c) "Environmental Cleanup" includes any response Action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger m Environmental Cleanup. Borrower shell not cause Of Permit the presence, use, disposal, enrage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not dot, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quentities of Hazardous Substances that are generally recognized to be appropriate to notice] residential uses and to mamteneam of doe Property (including, but not limited to, hazardous substances in commot r products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govanu ntal or regulatory ageney or private party, involving the Property and my Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, my spilling, leaking, dschargF release Or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. IfBorrower Items, or is notified by any governmental or regulatory authority, s any private piety, that any removal or other remediation of any Hazardous Substance affecting the Properly is necessary, Borrows shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create my obligation M Lender for an Environmental Cleanup. asrsasrssa Nnm11 CMgLPM-aipNFgay. rNnYNNFMIY YS UNieIm MITNIYFNT WRN YIaa aaNYTM raalraaa01 VYPa w"XwraWYFNYtlY 9wrNa �VYF BI X f 5 F.11�X'rlrl 1 IMga ID: 0000011 Types: GW CM Past Past Papa /2 01 20 sK2996 PD434 SEP 10 2014 3: Book:2996 Page:423 Seq:12 Pape 13 of 20 NON -UNIFORM COVENANTS. Borrower and Lerida further covenant and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in tials Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the dale the notice is given to Borrower, by which the default oust be cured; and (d) that failure to cure the default on or before the date specified In the notice may result in acceleration of the sums secured by this Security Instrument and ale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert to the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cared on or before the date specified in the notice, Lender at Its option may require immediate payment In full of all sumo secured by this Security Instrument without further demand and may invoke the power of sate and any other remedies permitted by Applicable Law. Leader shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Leader invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable Law that Trustee an proceed to sale, Trustee shall take such action regarding notice of sale and shell give web notice to Borrower and to other persons a Applicable Law may require. After the time regn1mal by Applicable Law and after publication of the notice of sale, Trustee, without demand an Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated In the notice of ale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all expenses of the sale, Including, but not limited to, Trustee's fees of 5.000 % of the gross ale prim; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The Interest ate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this Security lostrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs, tender may charge Borrower a fee for releasing this Security instrument, but only if the fee is paid to a third parry for services rendered and the charging of the fee is permitted under Applicable Low. 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to my Trustee appointed hereunder by an instrument recorded in the aunty in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall suaxed to all the tide, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. Attorneys' fees must be reasonable. oalxutlao rNOam CAAOJU-M Faabr-r MWO Mdb Ms aNPomm� a YarYmTMaM MOad MTrvM con % es fe1al W..!N,wa Ronda 6wMw VYNMpICl�pawell I■„�"1,1'1'1 INpa 71); 000001TypCM Pago 1a: CM Papa J of 20 aK2996PA35 RIM 11V13 RECEIVED NOV 14 1014 SEP 10 20.14 DCM-MHDCITY Book:2996 Page:423 Seq:13 Pepe 14 of 20 BY SIGNING UNDER SEAL. BELOW, Borrower accepts and agrees to the tens and wvenaM wntained in dds Security Tnstrtnnent and in any Rides executed by Hormv and recorded with it. Witnesses: Wayne Hauck iII -Borrower (Seal) (Seal) -Borrower -Borrower — (mil) (Seal) -Borrowa -Borrower — (Seal) (Sea)) -Harrower -Bmmff 961963/300 NOWN"MUNA'M"I0FaMUV'F=bN Fo wUMUNIFORM Wa}RlIMMIT WITH 11133-p9d dUuM T091r90999 1111 W.I.Wdlef NlWVMaWd &N¢u ynPoA(31111111 1111 Ai01% FWe ladl6 InI91[B�IIJI YJG IImage0: 000001941883 Typo: Page 14 of PO mc2996PAN ','ASrP 1 0 2014 MWI-MO CITY s.< Sook:2996 Page:423 Seq:14 Page 15 of 20 GGQ� STATE OF NORTH CAROLINA, County a Notary Public of the County of State of North Carolina, do hereby cerifythat Wayne 0 Hauck III and Nancy B Hauck who isfara known to me or proved to me on the basis of satisfactory evidence to be the petson(s) described, personally appeared before me this day, each acknowledging to me that hdsWthry voluntarily signed the foregoing instrument for the purpose stated therein, and in the caprrity, indicated. Witness my hand and official seal this 2jL a99% -n y of mil, 2011 My Commission Expires: i • 11 - (1 SANDRA WILKINSON NOTARY PUBLIC ROWAN COUNTY NORTHCAYNA 4Y Cp1nlWan Espiiea STATE OF NORTH CAROLINA, The foregoing certificate of a Notary Public of the County of is certified to be correct. This day of �JOAMi ts_ ll..)tiLk4l. . m Nolan Public State of Registrar of Deeds By Deputy Assistant County sa: e01103saoo >snan,a0 R.M. AWM.-&F FuneF-ignM4WRe0EN I. lanaM 11MIM W11,M-Deal OFT.�/I ren 0034141 Wa11aFNM'rnn/iCW awleu 4tlbY� V' V4MMeaiD�6 a�a� 'age f0: 00=1641834 Type: CRP 437g of 20 mc2996 n RECENED Noy 14 7n'1 DCM-MHD CI7v �.:RECBPV&ti " SEP 10 2014 y tea,,,V,MHD My Book:2996 Page:423 Seq:15 Page 16 of 20 Exhibit A Al that certain tract or parcel of land lying and being in Number Seven Township, Craven County, North Cardin, and being more particuhady described as follows: Being all of Lot Number Eighteen (18) as same is shown and delineated on a map of Bridge Pointe Harbour, Phase Two, said map being recorded In Plat Cabinet G, Slide 182-E, in the office of the Register of Deeds of Craven County, North Carolina, reference to said map being hereby made for a more perfect description of said property. I=" M: OweTwo: W� ,saga ID: e0000tP&M t of 2 CRP Papa to of 20 4996 m438 (HAUCK. YIMYNE CONST.PFOMMAIU .00NMI) �.ECE1VVEij A p� SEP 10 2014 XiVI-M D CCTV' Book:2996 Page:423 Seq:16 Peg. 17 of 20 SECOND HOME RIDER THIS SECOND HOME RIDER is made this 22 day of Ixjgpi and is incorporated Into and shall be deemed to amend and supplem4nt tfia Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the some date given by the undersigned (the "Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to Branch Banking and Trust Company (the 'Lender') of the same date and covering the Property described in the Security Instrument (the "Property"), which is located at: 102 Bridge Pointe Dr NEW BERN, NC 28562-6458 [Property Address] In addition to the covenants and agreements made in the Swiftly Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of r.he Security Instrument are deleted and are replaced by the following: 6. Oceupanoy. Borrower shall occupy, and shall onty use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all limes, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. a. Borrowers Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. 6615538300 7001409899 MULTISTATE SECOND HOME RIDER - Single Family - Fannie MaelFreddla Mae UNIFORM INSTRUMENT Forth 3890 1101 Page 1 of 2 Initials: JR-365R(0811) _ VMP Mortgage Solutions, Inc. (800)521-7291 -4, Ianpe I0: 000001page917 of one 20 eK2996 PAN »- RMEWED RECEIVED NOY 14 209 g SEP 10 2014 DCM-MHD CITY. Drm-Mill CI y Book:2996 Page:423 Seq:1T Page is of 20 BY SIGNING BELOW, Borrower accepts ano agrees to the terms and covenants contained in this Second Home Rider. Wayne Hauck 114 Borrower Nancy 8 Ha c -Borrower —(saw) -Borrower _ (Seal) -Borrower (sad) -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower 6616539300 7001409899 MULTISTATE SECOND HOME RIDER - Single Family - Fannie MealFraddle Mae UNIFORM INSTRUMENT Form 3890 1101 4k365R (0811) Page 2 of 2 ��rI�11tE,I�4I8��AB1� GAP jugs 10. 0o0o019pu ato offe20� w2996n440 s° SEP 10 2014 Book:2996 Page:423 Seq:18 Page t0 of 20 CONSTRUCTION LOAN IUDER TO DEED OF TRUST This CONSTRUCTION LOAN RIDER made this the 22 day of 7pu, MI , is incorporated in and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower') to secure Bmrowees note (the "Note") to Branch Banking and Trust Company ,a NORTH CAROLINA banking corporation (the "Lender") of the same date covering the property described in the Security Instrument and located at: 102 Bridge Pointe Dr, NEW BERN, NC 28562-6458 (Property Address) Additional Provisions. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: Pursuant to the provisions of Section 45-67 at seq. of the North Carolina General Statutes, this Security Instrument secures the payment of debt evidenced by the Note and includes present and future advances. The current dollar amount of the debt outstanding on the date hereof is None! Dollars (ifmnc, so state). The maximum principal amount secured by the Security Instrument is S 250,000.00 . No execution of a written instrument or notation shall be necessary to evidence or serum my future advances made hereunder. The period within which future advances are to be made shell be the fifteen -year period beginning an the date of this Construction Loan Rider. The Borrower has an the date hereof executed a Construction Loan Agreement, the terms of which are incorporated herein by reference as if set forth following. Any default in the terns, conditions, covenants or provisions of the Constitution Loan Agreement executed by Borrower and Lender shall constitute a default under the terms of this Security Instrument. In the event of such default, Leader may, at its option, require immediate payment in full of all sums secured by the Security Instrument and this Rider. If any person, corporation or other entity including without limitation the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association but excluding Lender (or an Affiliate or Subsidiary of Lender as defined in 12 U.S.C-S. 1841) buys all or some of the Lenders rights under the Security Instrument and Note, (raid assignee herein "Third Parry") the terns, promises and agreements in this Rider will no longer have any force or effect, except for those terms above which are necessary to ensure the priority and effectiveness of the Lender's lien, which shall not be affected by any such sale. Without in any way limiting the foregoing, the Borrower shall not have an option under this Security Instrument to borrow additional funds seemed hereby from the Lender or from the Third Parry upon purchase ofall of some of the Lender's right under the Security Instrument and Note by the Third Party. Notwithstanding the foregoing provisions, the ability of the Lender, its successors and assigns, to enforce the mpayment of future advances made prior to the sale of the Security Instrument to the Federal Home Loan Mortgage Corporation or any other Third Party shall remain in fug force and effect. IIII 11®1m1elaPm[r®ealinaWll>D ai 1111 7001409899 Image 10= 000001941838 Type: CRP 01131t4C rmL page to of 20 w(2996 Pa441 RECEIVED NOV 14 ZW DCM-l*Q CIFY Book: 2996 Page:423 Seq: 19 Page 20 of 20 By signing below. Borrower accepts and agrees to the ten.ns and covenants contained in the Construction Loan Rider. IN WITNESS WHEREOF, each Borrower has affixed his Had and adopted as his seal the word "SEAL" appearing beside or near his signature the day and year first shove written. - -91 / (Seal) Wayne O uck III -eo„a.a P iancy B Ha -a.. (Seal) -Bono. -Sans -6ovowrr CRP Inepe ID: 000OOlPagee2 Type: 2 f1iP Page 20 of 20 4996 PAQ 7001409899 6615536300 e112.2NC noon n 202 Book:2996 Page:423 Seq:20 h✓0jcGt Narrative I vvill b� buildin ci 90' x 5" GonGretcl OI00K with (1, 10' x 10' "L"- Hid at thG ohd• On -flh6 left h4v,ol Sik OF the dooK, I vv1)1 b� buiIdiil q 12' x Z19 bouthvuse. 4hiS will GII be -F6v nc50e0t01 tEe, RECEIVED rSE., PP 10 2014 f"! L 4 � DCMM�-1 APPLICATION for Ma1or Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name he, MI 0 Last Name Hamirg Applicant : First Name MI Last Name Itadditional applicants, please attach an additional page(s) with names listed. Mailing Address 102 riv PO Box City w State NG ZIP /� r 'z q! Z Country V J Phone No. Phone 3 b ` 210 - LKq ext. FAX No. Street Address (it different from above) City State ZIP Email 2. Agent/ContractorInformation ,f. " Business Name ,,,•✓ L Agent/ Contractor 1: First Name MI Last Name Fo e Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 0 Old v o Ne,W INC ZIP Phone No. 1 Phone No. 2 Z 95100 252 -2Z ext, (PY0 7 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> SEP 10 2014 MY'�`111 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address - - - -- - ' '— -- - - -- State Rd. # - -'- C�ra yon / b2 &ichre P19f Dr'v Subdivision Name Wly State Zip rd P'oin k Now &Ypi NX 295792 Phone No. Lot No.(s) (if many, attach additional page with list) - ext. I, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project A/C Weal- rrinnt 1611 c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. CKNalural ❑Manmade []Unknown CUSC ' VZr e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed []Yes j$No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fl.) OD c. Size of individual lolls) AIIA d. Approximate elevation of tract above NHW (normal high water) or N W L (normal water level) (1I many lot sizes, please attach additional page with a list) i ❑NHW orfQjNWL e. Vegetation on tract Iveyral L' iyd I. Man-made features and uses now on tract I sifiqc l7 W 1 g. Identify and describ he existing land uses adlacent to the prINfosed project site. V h. How does local overnment zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) N A ❑Yes ❑No )INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ,QjNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No RINA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes XNo ❑NA National Register listed or eligible property? REECUM <Form continues on next page> y; SEP 10 2014 1XIM-nrIMMY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? _ - ❑Yes &No (111) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes []No —1V/A (Attach documentation, it available) - n. Describe existing wastewater treatment facilities. citt & vVCV- o. Describe existing drinking water supply source. cifl yvatry- p. Describe existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Gk boqZ -FOr 6imalb 4Mi1JStMCt'L4W, c. Describe the proposed construction methodoloiry, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. - Kq I rl/U- d. List all development activities you propose. Y�I CohsM4ct pxoAhour e. Are the proposed activities maintenance of an existing project, new work, or both? NOW I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres NIA g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes W No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. I. Will. wastewater or stormwater be discharged into a wetland? ❑Yes MNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No XNA j. Is there any mitigation proposed? ❑Yes ❑No 4NA If yes, attach a mitigation proposal. <Form continues on back> SEP 10 2014 1 '1 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. a., The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name hiVe411 Phone No. Address i0 r% PpirytC, VrjK4Wd W kynot4t, 2,$51/0 Name 011 C AeU Phone No. Address l� 8✓id�G �Ih�c ✓I1rC W ✓}�/VG 2,95- m Name Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permillee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands. attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowle e. Date Q"4— /Ai Print NameDAii Fbav Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts pDWMP-3 Upland Development RECEIVE) CM MP-4 Structures Information rSEP 10 2014 ' Form DCM MP-4 4 (Construction within Public Trust Areas) Attach this form to Joint' Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. I. ROCKING FACILITY/MARINA C6' ARA a. (i) Is the docking facility/marina: b. (!)Will the facility be open to the general public? _ E]Commercial _ ❑Public/Government. t(Pr'ivate/CommuniTy QYes JONp c. (I) Dock(s) and/or pier(s) (ii) Number i (III) Length (iv) Width _yL (v) Floating ❑Yes 66No e. (i) Are Platforms Included? XYes ❑No If yes: (ii) Number (III) Length (N)Width /Z (v) Floating []Yes MNo Note., Roofed areas are calculated from ddpfine dimensions. g. (i) Number of slips proposed 2 (Ill Number of slips existing \t I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 2 ) m. (1) Will the facility have tie pilings? ❑Yes MNo (if) If yes number of tie pilings? d. (i) Are Finger Piers included? []Yes 99No If yes: (Ill Number (Iii) Length _ (iv) Width _ (v) Floating ❑Yes ❑No f. (1) Are Boatlifts Included? []Yes ONO If yes: ' (i) Number (iii) Length .1�i�L� . (iv) Width _ Ly In. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies K Dockage ("wet slipsl only, number of slips: 2 CS Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). (r Mhci�4f I. (1) Will the facility be open to the general public? []Yes X]No F, itECUVED SEP 10 2014 252-808-2808 tr 14I89 4RCOAST :; ww w.rccoastalmanageMen .nit a revised: 92i2Tts35 BCM AkiM CITY 2 DOCKING FACILPIlMARINA OPERATIONS*This section not applicableA, P, a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? a.. (i) Give the location and number of "No Sewage Discharge" signs proposed. (if) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, If applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? In. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. It this project is an expansion of an existing marina, what types of services are currently provided? 282-808-2808 :: 11-888-4RCOAST :: wL w aceaasi aimanaaament.nat revised: 12/27106 1 DCM•M M YY M. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes DQNo n. Is the manna/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes InNo ..o. ..Is -the marina/docking facility -proposed within or adjacent to coastal wetlandsfmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. . ❑CW ❑SAV ❑SS _ ❑WL JQNone p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes jmNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. a. (i) Is the boathouse stwcture(s): ❑Commercial ❑Public/Government OPrivate/Community , (ii) Number f 01 (111) Length 291 (iv) Width 121 Note: Roofed areas are calculated from dripline dfinenslons. 4- �ar9A4 e. - r a sheetprle, etc If a rock groin, use MP-2, Exoe a. (i) Number _ (ii) Length _ (iii) Width a. Length _ c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands :m a rWai F k alN y uu la 7 u f � Y.: I 6, aR1VC�'v��'�)l �i�5'elc9Y$: dJ) +I '.tip a0 K4 klk I '�f� w�� � f I .A"d N'"4 dF nl I �' y I " _9q-i 4 w.vkuEd ad'P'jk� i1�4x at4dw'�l,'y.' Thlss et nn4tpPl'a$�$ r'�4lnt'tI'YiuJ �F)I Yav� ,q:iry aria qd I' kd�kIgi a *(..t. a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) UCEWW f SEP 10 2014 DCM-MHD CTTY 2S2 H0�-2800 :a 1-88 -4 G'X3si57 t. vvursr.a� Boas# Im ata, �;nt sne2 reviseil: 92;27106 Note: For buoy or mooring piling, use arc of swing including length - of vessel. c. Width of water body MOO, e. (1) Will navigational aids be required as a result of the project? C]Yes MNo ❑NA (ii) If yes, explain what type and how they will be implemented. a. Give complete description: d. Water depth at waterward end of structure at NLW or NWL A RECEIVED SEP102014 DCM-MHD CITY 252-808-2308 :e i-88B.4RCOA5T :: .net revised: I212T105 i ' . �i�eoen t7GsrC,�,l �u2. /�.Da.,rrN2 Pr�a2 �I-2uX f0r-0,� �.�..c/t.�rs" h�ASz,gry ,omuBz . MAKI WtVM �Y�vrS �N r Ater'srk (Z�) G3 3 bo6 8 *YICbz #2S�Pr M►x�I.uo G11 va•brra. Pi-a�l MficIy&,Unn 1,G 2D�+2 ,SrrAlf. ear SDuT}ti^2nJ y3bL� PI+� (2) u�c(, MFk NIw6n.l Ajar To S EAch S 10 I O 1 �2� %u� vtu4b�- 111,0 I El I13oLT (OkA %t LC' I I L(Z) 4X(� MAC+114FC%#Z SYP Co, 11206 2- oc4i S I D ECETVED 'Pt Lr �i L zr "Sip 10 2014 J $ZTZ dnL DCM-mncTrY �lbT T-b SLl9L(� AX a I, Pc*P--rkA -rl:iA, IAI a o4vo% I I —STP 1,ve) E2 2.r ,54 OL A. eft 72 w �4# 1 a sip I I HTs iq if Weg Prof I?gj a! P.Tcl� 366-Thou�.a /�xxv C�o�Glk 2x�a I IV CAs k d-1 xc F9crt !CX5 s' w,d,, >JYIO NFAdkA1 qxb S-pecooL, v Nxo Pick, _-jK ae- d [Ug T�dt /O,oc� �7z REvw7r< 69AWAP14 ItECEN D SEP 10 2014 DCM wm CITY �Xtsul-)VOJ l 70/ /4/ vh S / a Ir t. A Connell, Brad -From: Connell, Brad - _. _.... .... Sent: Tuesday, September 30, 2014 3:45 PM To: 'foleycontractors@gmail.com' Cc: Wayne Hauck (Wayne. Hauck@ mulehide.com); Brownlow, Roy Subject: Requesting revisions to CAMA Major Permit application Attachments: agent authorization.pdf Importance: High Mr. Foley, Thank you for submitting a CAMA Major Permit application package on behalf of Mr. Wayne Hauck. It is thorough and well prepared. However, there are some minor issues that you need to address before the NC Division of Coastal Management can accept the application as complete: 1. Form DCM MP-1, 6c: please submit a location map that sufficiently details where the proposal is; 2. Form DCM MP-1, 6f: please include the neighbors' phone numbers, and also include the Dock Owners Association's signed green card and contact information; 3. Form DCM MP-1, 6h: please see the correct (attached) Agent Authorization Form to submit; 4. Form DCM MP-4, le: the platform dimensions conflict with the Project Narrative (10' by 20' ??); 5. Form DCM MP-4, 1g: please show the second proposed slip on the drawings and change the number of existing to only those slips located within the riparian corridor; 6. Form DCM MP-4, 1h: the total number of slips proposed includes the number of slips existing within the riparian corridor; 7. Work Plan Drawings: all drawings must be drawn to scale, please include North arrows, please number the existing and proposed slips, please show both of the riparian property lines, please indicate the scale, please date each drawing and note the name of the person(s) who drew it, please title and number each drawing (i.e. "Proposed Site Plan, Sheet 2 of 4"), please show the actual water depth relative to the normal water level on the side view drawing, and the 11" by 17" drawing you have submitted shows a proposed concrete walk, boat ramp, and parking lot —please revise and update to show what is actually existing versus what is proposed in this application. PLEASE NOTE: This proposal does not meet the use standards set forth in 15A NCAC 07H .0208(b)(6)(B). The proposed total shading impacts (existing plus proposed) exceed what is allowable for this parcel having 100' of shoreline (100 x 8 = 800 sq ft of maximum shading impact allowable). Here is a link to those rules: http://portal.ncdenr.org/c/document library/get file?uuid=bebfgdbd-05eb-47e5-80d1- b 058fe 27 e480&g ro u p I d=38319 15A NCAC 07H.0208(b)(6)(B) states that "The total square footage of shaded impact for docks and mooring facilities (excluding thepier) allowed shall be eight square feetper linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessaryfor, safe use, to improve public access, or to support a water dependent use that cannot otherwise occur._ Size restrictions shall not apply to marinas." A meeting at your convenience is encouraged by the DCM to discuss these requested revisions to the application package. If you have any questions or concerns in the interim, please do not hesitate to contact me. i \\ t r a Thank you, _...Brad -Connell: .....::........ Field Representative NC Division of Coastal Management httl):flportal.ncdenr.org/web/cm/dcm-home E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 ***This is a word processing form to be completed in Microsoft Word'** NC Division of Coastal Management Major Permit Application Computer Sheet (11/1/2012) Applicant: Wayne Hauck Date: 12/1/14 Project Site County: Craven Staff: Brad Connell District: ❑Elizabeth City ❑Washington ®Morehead City []Wilmington Project Name: Hauck dock Date of initial application submittal (EX: 1/8/2007): 9/10/2014 Date application "received as complete" in the Field office (EX: 1/8/2007): 11/14/2014 Permit Authorization: NCAMA ❑Dredge & Fill [-]Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes NNo Photos Taken: Yes ❑ NoN Setback Required (riparian): ®Yes ❑ No Critical Habitat: ❑Yes ❑No NNot Sure 15 foot waiver obtained: ❑Yes NNo Hazard Notification Returned: ❑Yes NNo SAV: NYes ❑No, ❑Not Sure Shell Bottom: ❑Yes NNo ❑ Not Sure Temporary Impacts: NYes ❑No Sandbags: ❑Yes NNo ❑ Not Sure Did the land use classification come from county LUP: NYes ❑No Mitigation Required (optional): ❑Yes NNo Moratorium Conditions: ❑Yes NNo ❑NA Environmental Assessment Done: ❑Yes ❑No N NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) SalUmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 N III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 N I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252.808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 02/15/10 NC DiviL-ion of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Wayne Hauck Date: 1211/14 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Boat lifts 1 New Work ® Replace 13' 13' Maint ❑ ❑ Y ON Pier 1 New Work ® Replace 90' 5' Maint ❑ ❑ Y ® N Platform 1 New Work ® Replace 16' 10' Maint ❑ ❑ Y ON New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N revised 02/15/10 NC Div-tbion of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Wayne Hauck Date: 12/1/14 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount OW 779 it' 779 f? Dredge ❑ Fill ❑ Both ❑ Other ® Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1•asa-4RCOAST :: w .nccoastalmanagement.net revised: 02115/10 r,.!;").AS r^rer�,t,....:.6t'r,.tt.1 N AREA &, t V N.C. Div+sion o: Cnasta; M,nagement NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Ptt �II`� '-M�n4iLrP N' �aSf6V,x1111rnt ofEnvi3,'ittl��l'Ii1s�7i tIP�IHi�iur111111,II�,I nlll„hlhldi Please use this card to schedule a pre -construction conference immediately BEFORE you begin work on your permitted project. The pre -construction meeting will give you the opportunity to discuss permit conditions, construction techniques and any questions you may have with a Coastal Management representative. This will enable you to proceed with your project as quickly and smoothly as possible. When you are ready to begin construction, fill out his card and mail it to the Division of Coastal Management at the address on the reverse side of this card. Thank You. Permit Number— `T� xpiraLon Date 1 L�__ _. RECEIVED [ssued to: FEB 09 P'bW Twury PI7Y Ccntact Person _��010, Telephone Number :2 Ste/ Project Starting Date t 73 r 0 ■ Complete items 1, 2, and 3. Also complete Rem 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that :md can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addrbssed to: A- sign Z5 JUN X � ). S. R eivetl by ( Panted N C. a ive ��. S " 0. Is delivery, address different from Han 17 ❑ yes H YES, enter delivery address below: 0 3. died Mail ❑ Express Mail 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Fxbe Feel ❑ yes 2. Article Number 7012 2920 0000 7420 8602 (Transfer from service label) � PS Form 3811, February 2004 I Domestic Retum Receipt 102595-02-M-1540 UNITED. STAT,S._POSTP,� SE(2YIGE F,..C.1iri.'_t)zcsx-k • Sender: Please print your name, address, this boX TcAe ' � -� 1 O CO 16 ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A Si n�� ❑ Agent ❑ Addre B. deceived by ( Printed Name) I C.45etea-p4 D. Is delivery address different from Item 14 U Yes If YES, enter delivery address below: 0 3. S. ype Msa ❑ Express Mail ❑ Registered ❑ Rehan Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Pray Feat ❑ Yes 2. (7-mns rfromNumb7012 2920 0000 7420 8619 (Iiansler Irom service laoeq 9 Ps Form 3811, February 2004 Domestic Return Receipt toss -M-IW UNITFp aSTATES,PQPTAL SERYIGE NCII z.�1* •4 • Sender: Please print your name, address, 1�1 CD this box �j 2%�SLQ0 FINAL PLAN OF BRIDGE POINTE HARBOUR, A PLANNED UNIT DEVELOPMENT. RECORDED IN PLAT CABINET F, SLIDE 135-8. CRAVEN COUNTY REGISTRY. 4 n m� y T i < PROPOSED LOT LINE A z i — PROPOSED LOT LINE y I � ral � s sow 4R4 OF PROPOSED LOT LINE Rf��S<Y AppRo�o A e� r ��fSS F 4 T/Q Q OR T N A TION NOW natal BOAT RAMP E I r�pmmmo �c iys7 PC mmlE m any ;a z m m g / F I� q I i � I r \O FINAL PLAN OF BRIDGE POINTE HARBOUR, A PLANNED UNIT DEVELOPMENT, RECORDED IN PLAT CABINET F, SLIDE 135-8. CRAVEN COUNTY REGISTRY. q� PROPOSED LOT LINE nl A 2 m 0 all — — PROPOSED LOT LINE m I � m ADD I S � b Sam AR 'eA OF PROPOSED LOT LINE �?2kq PRZ ��SCY App 0 AOCE,SS o F 4 r�0 QSp��T N Q r1 oN �AA W y Now BOAT RAMP 82RaWoA r�p�mZ{mpmo poZ;mt t 0 v flu mrn Pqr o Q Sp z Sm m m m S i r cp i I�;-I I'LL THDEPARTMENT RMUR �ORTATION Division o' Coastzd Management Application Processing Notes Type: (check all that apply) New)L Major Mod_ Minor Mod_ Renewal_ Transfer 0 Permit Coordinator: Field Representative: Date Time 1_ Mes/sa 'e o wo C5�,`Ave- &y7Ve+VVV