83-96 Kellam-France Inc.

A
Permit Class
Permit Number
NEW
STATE
Department of Env
X Major Devi
pursuant to
Issued to
authorizing development in
Head Causeway- , as requested in the
Resources
aaConcern 9g
ria_:_PUAM
.=
to NCGS 113-229
This permit, issued on J �/ 9G is subjpliance with the application (where consistent
with the permit), all applicable regu ations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Dock, Pier. and Covered Platform Construction and Use
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the,permitted structure.
2) The dock, pier, and covered platform shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property lines as extended perpendicular to the channel into
the water at the points where they intersect the shoreline.
attached sheet for
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when the permit expires on
December 31.1999
In issuing this permit, the State of North Carolinaagrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
er . Schecter, Director
ivisron of Coastal Management
This permit
and its con tins are ereby accepted.
Signature of Permittee

.y
Kellam -France, Inc.
ADDITIONAL CONDITIONS
Permit #83-96
Page 2 of 2
3) The covered platform shall not be coJd.
y enclosed or have side coverage more than one half the
height of the side, from the roof The covered floor area shall not exceed 500 square feet.
NOTE: The permittee is advised that in"ee ng ' the rules of the Coastal Resources
Commission, uses that are not wa rid end tare permitted in or over coastal wetlands
or waters. Restaurants and directly sod ted a i ' 'es are not considered water dependent.
Therefore, any attempt to utilize either etove d o vered portions of the dock as an
extension of the existing restaurant oper will b s dered a violation of this permit.
If there is any question as to what is or is not under CRC rules, please contact
a representative of the Division at (919) 264-3 0 .
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible
during periods of darkness or inclement weather.
General
4) No vegetated wetlands will be excavated or filled.
5) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
6) 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.
7) 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.
NOTE: 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 project without having the permit transferred to a third
party.
NOTE: Future development of the pemuttee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to commencement of any
such activity for this determination.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit
No. 197800056 (COE Action Id. No. 199601585) which was issued on 4/19/96.

Permit Class
Permit Number
NEW
STATE
Department of Env
X Major Devi
pursuant to
Excavation and/or
Issued to
ana=
somr'Ces Corr
e�r_rrY�
for `i 1
m'Area of Ei
Resources
Concern
to NCGS 113-229
authorizing development in Dare County at Rnanoke 4nimdl north sidle of TTg64/?64 at Nagc
Head Causeway- as requested in the permittee's application dated 4/3/96 innhrdi�ng attach d work 1P sn
drawings dated / 6/96
This permit, issued on %�-2/ 9C is subject to compliance with the application (where consistent
with the permit), all applicable regu ations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Dock, Pier. and Covered Platform Construction and Use
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
2) The dock, pier, and covered platform shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property lines as extended perpendicular to the channel into
the water at the points where they intersect the shoreline.
sheet for
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when the permit expires on
December 31,1999
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 DEHNR and the
Chairman of the Coastal Resources Commission.
er . Schecter, Director
iviston of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Kellam -France, Inc.
ADDITIONAL CONDITIONS
Permit #83-96
Page 2 of 2
3) The covered platform shall not be completely enclosed or have side coverage more than one half the
height of the side, from the roof waterward. The covered floor area shall not exceed 500 square feet.
NOTE: The permittee is advised that, in keeping with the rules of the Coastal Resources
Commission, uses that are not water dependent are not permitted in or over coastal wetlands
or waters. Restaurants and directly associated activities are not considered water dependent.
Therefore, any attempt to utilize either the covered or uncovered portions of the dock as an
extension of the existing restaurant operation will be considered a violation of this permit.
If there is any question as to what is or is not permissible under CRC rules, please contact
a representative of the Division at [phone].
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible
during periods of darkness or inclement weather.
General
4) No vegetated wetlands will be excavated or filled.
5) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
6) 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.
7) 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.
NOTE: 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 project without having the permit transferred to a third
party -
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to commencement of any
such activity for this determination.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit
No. 197800056 (COE Action Id. No. 199601585) which was issued on 4/19/96.

Permit Class
Permit Number
NEW R3-96
STATE OF NORTH_CAROLINA
Department of Environment, Health•& Natural Resources
and',-
Coastotuces Commission
R
for y J1
� r b
Major DevelopmenCin an Area of Environmental Concern
pursuant to NCGS 113A-1'18..
Excavation and/or filling pursuant to NCGS 113-229
Issued to
authorizing development in bare County at—Roannke Snnnd north drip. of TTS64/264 at Nsgs _
Head a is my as requested in the permittee's application dated 4/3/96 i� attach d�lrnlan
drawings dated 3/26/96.
This permit, issued -on s -2/ 9L is subject to compliance with the application (where consistent
with the permit), all applicable regu ations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Dock. Pier. and Covered Platform Construction and Use
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
2) The dock, pier, and covered platform shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property lines as extended perpendicular to the channel into
the water at the points where they intersect the shoreline.
sheet for
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 f irtherDepartmental approval.
All work must cease when the permit expires on
December 31, 1999
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 DEHNR and the
Chairman of the Coastal Resources Commission.
WerINT. Scheeler, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

v`
Kellam -France, Inc.
ADDITIONAL CONDITIONS
Permit #83-96
Page 2 of 2
3) The covered platform shall not be completely enclosed or have side coverage more than one half the
height of the side, from the roof waterward. The covered floor area shall not exceed 500 square feet.
NOTE: The permittee is advised that, in keeping with the rules of the Coastal Resources
Commission, uses that are not water dependent are not permitted in or over coastal wetlands
or waters. Restaurants and directly associated activities are not considered water dependent.
Therefore, any attempt to utilize either the covered or uncovered portions of the dock as an
extension of the existing restaurant operation will be considered a violation of this permit.
If there is any question as to what is or is not permissible under CRC rules, please contact
a representative of the Division at [phone].
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible
during periods of darkness or inclement weather.
General
4) No vegetated wetlands will be excavated or filled.
5) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
6) 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.
7) 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.
NOTE: The permittee shall maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The perrittee is not relieved of this
requirement if he abandons the project without having the permit transferred to a third
party -
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to commencement of any
such activity for this determination.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit
No. 197800056 (COE Action Id. No. 199601585) which was issued on 4/19/96.

�.0
Permit Class
Permit Number
NEW
STATE OF NORTH-CAROMNA
Department of Environm(Fri Health'& Natural Resources
an
u
N
for" n
R Major Developmenrinan'
Area.of-Enyiioiunental Concern
pursuant to NCGS
Excavation and/or filling pursuant to NCGS 113-229
authorizing development in Tare County at —Roanoke Sminrl north side ofTTC64/264 st NnIZs
Head Causeway . , as requested in the permittee's application dated 4/3/96 including attached workman
drawings dated 3/26/96.
This permit, issued on ��/�9C 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Dock. Pier, and Covered Platform Construction and Use
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the pemuttee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
2) The dock, pier, and covered platform shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property lines as extended perpendicular to the channel into
the water at the points where they intersect the shoreline.
attached sheet for Additional
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when the permit expires on
December 31, 1999
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 DEHNR and the
Chairman of the Coastal Resources Commission.
0��Z
er . Schecter, Director
ivisron of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Kellam -France, Inc.
ADDITIONAL CONDITIONS
Permit #83-96
Page 2 of 2
3) The covered platform shall not be completely enclosed or have side coverage more than one half the
height of the side, from the roof waterward. The covered floor area shall not exceed 500 square feet.
NOTE: The permittee is advised that, in keeping with the rules of the Coastal Resources
Commission, uses that are not water dependent are not permitted in or over coastal wetlands
or waters. Restaurants and directly associated activities are not considered water dependent.
Therefore, any attempt to utilize either the covered or uncovered portions of the dock as an
extension of the existing restaurant operation will be considered a violation of this permit.
If there is any question as to what is or is not permissible under CRC rules, please contact
a representative of the Division at [phone].
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible
during periods of darkness or inclement weather.
General
4) No vegetated wetlands will be excavated or filled.
5) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
6) 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.
7) 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.
NOTE: 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 project without having the permit transferred to a third
Pal' -
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to commencement of any
such activity for this determination.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit
No. 197800056 (COE Action Id. No. 199601585) which was issued on, 4/19/96.

Form DCM-MP-I
RIMMED
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Kellam-Frnnrp Tnr_
Address PO Box 686
City Nags Head State NC
Zip 27959 Day Phone
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address PO Box 3368
City
Kill Devil Hills
State NC
Zip 27948 Day Phone [phone]
Fax[phone]
c. Project name (if any) Oasis Restaurant
NOTE. Permit will be issued in nine of landowner(s), and/or
project nine.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
APR 8 1996
b. City, town, community or landmark
Nags Head
c. Street address or secondary road number
US 64/264 Highway (causeway)
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Roanoke Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
pier and gazebo
b. Is the proposed activity maintenance of an existing
project, new work, or both? new
c. Will the project be for public, private or commercial
use? romm reial
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. The dock will be used for
temporary docking by boaters to pat at
the restaurant. The gazebo will be used
by patrons while they wait to be seated.
- the pier pilings will be jetted in
and the pier and gazebo will be
constructed using hand tools.
Revised 03195

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
1 acre
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL 1 to 5'
d. Soil type(s) and texture(s) of tract
Sandy psamments
e. Vegetation on tract grass
f. Man-made features now on tract restaurant.
storage shed, deck, rip rap
g. What is the CAMA Land Use Plan land
classification of the site? (consort the local rand use plan.)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
C-2 commercial
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance cetvificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? _ Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach docatnentation, if available)
APR a 1996
in. Describe existing wastewater treatment facilities.
3,000 g pd low pressure system onsite
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None —
parking area and building storm water
diverted to subsurface infiltration
system.
o. Describe existing drinking water supply source.
Town water supply
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCM-MP-1
RECENED
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• 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. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name NC Dept. of Transportation
Address PO Box 1405
Phone Elizabeth City NC 27906
Name Violet Kellam / Kay France
Address PO Box 748
Phone Ahoskie NC 27910
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects . in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
APR 8 1996
6. 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 conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
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.
This is the 3rd day of April , 19g6L.
Print Name George H. Wood, CEP
Signature ✓fit a. lwon- !/I
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
X DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
mwvEn
APR a 1996
Attach this form to Joint Application for CAMA Major e. Mooring buoys N/A
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community
other sections of the.Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor,
a. Dock(s) and/or Pier(s)
(1)
X Commercial
_Community _ Private
(2)
Number 1
(3)
Length pier
50' dock 274'
(4)
Width 6'
(5)
Finger Piers _Yes
X No
(i) Number
N/A
(ii) Length
N/A f.
(iii) Width
N/A
(6)
Platform(s) X
Yes _ No
(i) Number
1
(ii) Length
25 octagonal
(iii) Width
25 total 500 sa.
(7) Number of slips proposed 10
(8) Proximity of structure to adjacent riparian
'property linesclosest +/- 50'
(9) Width of water body +/- 170'
(10) Water depth at waterward end of pier at
MLW or NWL +/- 4'
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MEW, NWL or
wetlands
(4)
(5)
Width of water body -
Distance ' buoy(s) to
shoreline
_ Private
etc.)
be placed beyond
Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
ft.
g. Other (Give complete description)
Kellam - France Inc.
Applicsn or Project Name
Signature
4/3/96
Date
Revised 03/95

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director May 24,1996
Kellan-France, Inc.
P. O. Box 686
Nags Head, NC 27959
Dear Sim
IDEHNFR
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, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
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 require
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.
Very sincerely,
John R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, �.0 FAX [phone]
An Equal opportunity/Affirmative Action Employer
Raleigh, North Carolina 27611-7687 N�
Voice 919-733-2293 50% recycled/l0% post -consumer paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Kellam -France, Inc.
2. LOCATION OF PROJECT SITE: North side of US 64/264, Nags Head Causeway, west end of
Melvin Daniels Bridge, Dare County adjacent Roanoke Sound
Photo Index - 1989: 150-1 0,P-7 1984: N,0-2/3
State Plane Coordinates - X: 3002400 Y: 798800
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/22/96 04/08/96
Was Applicant Present - Represented Yes
5. PROCESSING PROCEDURE: Application Received - April 8, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Nags Head
Land Classification From LUP - Conservation, Developed
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - On site septic system
Planned - N/A
(F) Type of Structures: Existing - Restaurant, asphalt parking, concrete riprap
Planned - 6' x 15' pier, 500 sq. ft. gazebo, 274' x 6' wide dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Shaded
Shallow Water Habitat
2,280 sq. ft.
(C) Other
Covered
Highground Disturbance
132 sq. ft.
PT Waters Captured
2000 sq. ft.
(D) Total Area Disturbed: 4,412 square feet (.10 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a 6' wide x 274' dock, 6' x 15' pier
with 500 sq. ft. covered platform and 10 boat slips along the waterward side of the 274' long dock.

Kellam -France, Inc.
Bio Report
Page Two
Site Description
Kellam -France, Incorporated owns a one -acre restaurant site located on the north side
of US Highway 64/264, on the causeway at the west end of the Melvin Daniels Bridge in
Nags Head, Dare County adjacent Roanoke Sound. The waters of the sound in the vicinity
of this project are classified SA by the NC Division of Environmental Management and are
closed to shellfishing. Since the 1950's this site has been operated as the Oasis Restaurant.
In 1991, in accordance with Nags Head CAMA Minor Permit #91-009 the current owner
installed a new septic system, redirected surface drainage away from the sound and replaced
approximately 6,300 square feet of concrete with open faced paving blocks. The existing
restaurant building, contains 115 customer seats, is served by 42 parking spaces and is
located on a lot with an elevation of approximately 4.5' above NWL.
The parcel fronts US 64/264 for a distance of 430 linear feet and runs along the
shoreline of Roanoke Sound a distance of 485'. The shoreline is protected from erosion by
concrete riprap ranging 6'-25' in width and averaging 15' in width. Along the entire
shoreline riprap extends waterward of the NWL an average distance of 7'.
Across the .sound approximately 175' northwest of this site is the shoreline of Pond
Island, Section III, a subdivision constructed in the 1960's of dredged -up material. The
subdivision is now developed with single family residences. Water depths in the channel
running between the two sites are approximately 4.0' at NWL as verified by soundings
carried out on March 22, 1996.
Proposed Development
The applicant proposes to construct the following:
• A 6' x 274' long dock approximately 7' beyond the NWL and parallel the
shoreline.
• Ten boat slips by placing 11 mooring piles 25' to 27' apart along the waterward
side of the 274' long dock.
• A 500 square foot octagonal -shaped platform with roof and open sides at the east
end of the dock with a 53' long pier/walkway providing direct access from the
restaurant building to the platform.
Anticipated Imoacts
The construction of the dock, pier, and covered platform will result in the shading of
2,280 square feet of shallow water habitat and the coverage of 132 square feet of highground
located within the Estuarine Shoreline. Approximately 2,000 square feet of Public

{
Kellam -France, Inc.
Bio Report
Page Three
Trust Waters will be captured by the construction of the shore parallel dock.
No archeological/historical significance has been associated with this site. No unique
remanent species or geological formations are know to exist within the project area.
Submitted by: M. Edward Harrell
Date: April 8, 1996

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor RECEDED
Jonathan B. Howes, Secretary qp
Roger N. Schecter, Director R 1 81996
ENV1R0 yi ENTAL s
...... cl&CES
April 11,
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
EDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kellam -France, Inc.
WASH NGTONEOFFICE
APR 1 6 1996
D. E. M.
Project Location: North side of US 64/264, Nags Head Causeway, Dare County, Roanoke
Sound
Proposed Project: Construct a 6' x 274' dock, 6' x 15' pier with a 500 sq. ft. covered
platform and 10 boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by May 2, 1996. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. 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
a to hed comments.
Signed Ivtl
to the project for reasons described in the
Date
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX 919-264,3723
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO April 19, 1996
ATTENTION OF
Regulatory Branch
Action ID No. 199601585 and General Permit No. 197800056
Kellam -France, Inc.
Post Office Box 686
Nags Head, North Carolina 27959
Dear Sirs:
Through coordination with the North Carolina Division of Coastal
Management, we have learned of your plans to construct a commercial pier,
dock, and gazebo, on property located off the north side of U.S. Highway
64/264, adjacent the Roanoke Sound, Nags Head, Dare County, North Carolina.
On January 1, 1994, we renewed General Permit No. 197800056, (copy
enclosed) that authorizes the maintenance, repair, construction, and
installation of piers, docks, boathouses, boatshelters, mooring pilings,
dolphins and jetties in navigable waters of the United States in the State of
North Carolina.
Your proposed work is authorized if you can comply with all permit
conditions. Please read the enclosed permit to prevent an unintentional
violation of Federal law. As this Department of the Army general permit does
not relieve you of the responsibility to obtain any other required approvals,
you should contact appropriate State and local agencies before beginning work.
If you have questions, contact Mr. Raleigh Bland, Washington Regulatory
Field office, telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Nivision of Coastal Management
orth Carolina Department of Environment,
Health and Natural Resources RfCEIVEQ
Post Office Box 27687 _
a
Raleigh, North Carolina 27611-7687 ARI 2i )syg
CUAJIAL
Mr. Richard watts MANAGEMENT
Elizabeth City Regional Office CA
North Carolina Division of Coastal Management %
1367 US 17 South
Elizabeth City, North Carolina 27909

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAUPROCESSING RECORD
A) APPLICANT: Kellam -France, Inc. COUNTY: Dare
9;
C)
LOCATION OF PROJECT: N. side of US 64/264, Nags Head Causeway, Roanoke Sound
DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 8, 1996
FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes
CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes
FIELD REPRESENTATIVE: Harrell
DISTRICT MANAGER REVIEW
DATE APPLICATION RECEIVED IN
PUBLIC NOTICE REC'D:
City
APR 17 ta96 T e(d
4P EREC'D: $�Sa.oD
Mp W—
END OF N E DATE:
ADJ. RIP. PROP NOTICES REC'D: 9 % EED REC'D:
APPLICATION ASSIGNED TO: mow. ON: q V\-fib
75 DAY DEADLINE: 150 DAY DEADLINE:
MAIL OUT DATE: - STATE DUE DATE:
FEDERAL DUE DATE: FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE
DENY
DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
5 _gy0-q-b1
Div. of Community Assistance
N�ZZ'�L
Land Quality Section
Div. of Env. Management
State Property Office
,T.� 3 - f6
Div. of Archives & History
_ 1
1/
Div. of Env. Health
C-ZLl-C9
✓���Gi ,C
Div. of Highways
j�,3 d � ' 6
Wildlife Resources Commission
C �`
Div. of Water Resources�/-
Div. of Marine Fisheries

State of North Carolina
Department of Environment,
in Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
John Parker
FROM:
Ed Harrell
WA
1,S
4
0A
r� �
IDEHNFR
RECEIVED
MAY 101996
CUAS(AL
MANAGEMENT
SUBJECT: Recommendations for Kellam -France, Inc. Major CAMA Permit Application
DATE: May 7, 1996
I recommend that the permit be issued for the 6' wide x 274' dock, 6' x 15' pier with
500 square -foot covered platform and 10 boat slips with the following conditions:
Dock. Pier. and Covered Platform
1) The dock, pier, and covered platform shall have a minimum setback distance
of 15' between any parts of the structure and the adjacent property lines as
extended perpendicular to the channel into the water at the points where they
intersect the shoreline.
2) The covered platform shall not be enclosed or be larger than 500 square feet.
3) No attempt will be made by the permittee to prevent the full and free use by
v the public of all navigable waters at or adjacent to the authorized work.
4) The authorized structure and associated activity must not cause an unacceptable
interference with navigation.
5) This permit authorizes only the docks, piers, and other structures and uses
y�" located in or over the water that are expressly and specifically set forth in the
permit application. No other structures, whether floating or stationary, may
become a permanent part of this docking facility without permit modification.
1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

John Parker
May 3, 1996
Notes
6) NOTE: Future development on the permittee's property may require a
modification of this permit. Contact a representative of this Division at (919)
264-3901 prior to commencement of any such activity for this determination.
Se� 7) NOTE: Permanent reflectors should be attached to the structure in order to
make it more visible during hours of darkness or inclement weather.
%%W 8) NOTE: 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 project without
having the permit transferred to a third -party.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
lur 4 t: ►T
TO: John Parker
FROM: Ed Harrell e
1t •:'
1DEHNFR
SUBJECT: Kellam -France, Incorporated Nags Head Land Use Plan
DATE: May 7, 1996
MAY 101996
COASrAL
MANA6EMENr
This project involves the construction of a 6' x 274' dock, 6' x 15' pier, with 500
square foot covered platform and 10 boat slips.
The project is proposed within Estuarine and Public Trust Waters, which the Town of
Nags Head includes in the conservation class (subclass E-2). The purpose of this class "is to
provide for the effective long term management and protection of significant, limited or
irreplaceable resource areas". Uses within those areas are "limited to those allowed by the
Zoning Ordinance at the time of consideration of the proposed use" (Chapter 20, pg. 85).
The Town's plan also states: "It is the goal of Nags Head to permit commercial and
other uses which provide residents and visitors with adequate services and amenities
necessary for the Town to maintain its self-sufficiency" (Chapter 9, pg. 46).
One of the types of development the Town considers undesirable and which "will not
be permitted" is a "large (more than ten boats) commercial boat marina" (Chapter 1, pg. 2).
Based on the above, so long as the project is allowed by the Zoning Ordinance at the
time of consideration, is of such scale that it does not constitute a large commercial boat
marina and provides an amenity and service which helps the Town maintain self-sufficiency,
this project will be nt with the Nags Head Land Use Plan.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Af irmatNe Action Employer 50% recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 22, 1996
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1�
IDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Kellam -France, Inc.
PROJECT LOCATION: Nags Head Causeway, adj. Roanoke Sound, Dare Co.
PROPOSED PROJECT: To construct a dock and pier with with covered platform.
Please indicate below your agency's position or viewpoint on the proposed and return this form by May
13, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-
2293. When appropriate, in-depth comments with supporting data are 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 m thZed
SignedQe" �1 d Cj as}n1 fie„ , (� �: b. Date r- EOMay 21, 1993 996ASM
MENTP.O. Box 27687, N�`� FAX 91Raleigh, North Carolina 27611-7687 1,An Equal Opportunity/AplVolce 919-733-2293 50% recycled/10%

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Coordinator
Major Permits Processing Section
Division of Coastal Management, DEHNR
FROM: W~ William Wescott, Coastal Coordinator
Habitat Conservation Section
DATE: May 13, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Kellam -France, Inc., Nags Head
Causeway, west end of Melvin Daniels Bridge, Dare County.
Biologists on the Wildlife Resources Commission staff have reviewed this permit
application and are familiar with habitat values of the project area. A site visit was conducted on
April 29, 1996. Our comments are provided in accordance with provisions of the Coastal Area
Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to construct a 6 ft. x 274 ft. dock, 6 ft. x 15 ft. pier with a 500 ft2
covered platform, and ten boat slips. Waters at the site are classified as SA but are closed to
shellfish harvest.
The project is located immediately adjacent to Melvin Daniels Bridge on the Nags Head
Causeway. The slough that passes the applicant's property and under the bridge has historically
provided excellent fishing for striper, black drum, puppy drum, trout, flounder, spot, and croaker.
The existing bridge is designed with cat walks on each side to accommodate fishermen. Fishing
from the bridge is highly promoted and heavily utilized by tourists visiting the area. Construction
activities could disrupt fish migration patterns through the slough and would directly interfere
with fishermen utilizing public trust waters and resources. We do not object to permit issu ` ' ' 112 1
construction activities are prohibited bet40NAHEil 1 and Sc 0MhN" �'y
"' KECENE0
We appreciate the opportunity to review and comment of this project. If you n firi l5 1996
u;u rA1
assistance or additional information, please contact William Wescott at [phone]. MANA6Ek1ENT
cc: Chad Thomas, District 1 Fisheries Biologist

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 11, 1996
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: %l lam -France, Inc.
Project Location: North side of US 64/264, Nags Head Causeway, Dare County, Roanoke
- Sound
Proposed Project: Construct a 6' x 274' dock, 6' x 15' pier with a 500 sq. ft. covered
platform and 10 boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by May 2, 1996. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. 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. c,
Signtj,' Date
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment,
WA
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 11, 1996 t4 1
ti
o RE�ivE� 6
MEMORANDUM � APRCUN2'ip�
TO: Mr. Charles Gardner, Director Q>Np6EMEN1
Division of Land Resources
FROM: John R. Parker, Jr. L
Major Permits Processing Coordinator 9
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kellam -Fa
Project Location: North side of US 64/264, Nags Head Causeway, Dare County, Roanoke
Sound
Proposed Project: Construct a 6' x 274, dock, 6' x 15' pier with a 500 sq. ft. covered
platform and 10 boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by May 2, 1996. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
S ----this agency has no comment on the proposed g y p p 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 X� Date
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper
a,

t
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 29, 1996
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
A4
E)EHNR
Pv1AY - 8 1996
DMF-PUB. TUSUBLANDS
FROM: John Parker 12 1
Major Permits Processing Coordinator 1I
SUBJECT: CAMA/Dredge and Fill Permit Application Review y . EO 6
APPLICANT: Kel►�m-France, Inc. WXGiWfM
PROJECT LOCATION: N. Side of US 64/264, Nags Head Causeway, Dare Co.
PROPOSED PROJECT: To construct a dock and pier with a covered platform.
Please indicate below your agency's position or findings on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used only
for tracking and intra-agency commenting.
REPLY 4b _4L-I�ere are no known public trust conflicts with the project location or desigfi.
There appear to be public trust conflicts that require additional investigation.
Approximately _ days additional review time is needed.
It is recommended that changes be made to the project to reduce or eliminate
public trust conflicts, as discussed in the attached memo.
Signe Date
P.O. Box 27687, N�C FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

40 W.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
IIon
SUBJECT:
April 22, 1996
Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
John Parker, Jr.
Major Permits Processing Coordinator
.AT4*A
IDEHNFR
CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Kellam-c.
lumullip
PROJECT LOCATION: Nags Head Causeway, adj. Roanoke Sound, Dare Co.
�p� �tSEH,ENS
tIP�AG
PROPOSED PROJECT: To construct a dock dock and a pier with a covered platform.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 13, 1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are 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 W L Date S--S ~q L
P.O. Box 27687, N
�`An Equal FAX [phone]
Raleigh, North Carolina 27611-7687 Opportunity/Affirmative Action Employer
Voice 919-733-2293 Jfwlra 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 22, 1996
A
•ram
IDEHNR
MEMORANDUM
APR 23 199c,
TO: Mr. John Sutherland, Chief
Water Planning Section Dr UQN OF WATM R SOLIRMS
Division of Water Resources
i,
FROM: John Parker, Jr.
Major Permits Processing Coordinator RE E�
T6AY�� 199ti 1
SUBJECT: CAMA/DREDGE & FILL Permit Application Revie MHP3 urzetyi i-
r'
APPLICANT:
< g
PROJECT LOCATION: Nags Head Causeway, adj. Roanoke Sound, Dare Co.
PROPOSED PROJECT: To construct a dock and a pier with a covered platform..
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 13,1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are 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 f
P.O. Box 27687, ��FAX [phone]
Raleigh, North Carolina 27611-7687 N�C An Equal Opportunity/AfflrmatNe Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 11, 1996
A
Oi
1�
E:)EHNFR
MEMORANDUM
TO: Mr. Robert E. Chandler, Director
Division of Community Assistance
FROM: John R. Parker, Jr. APR 18 1995
Major Permits Processing Coordinator ppNp IAL
MENI
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kellam-FxAA&&muApc.
Project Location: North side of US 64/264, Nags Head Causeway, Dare County, Roanoke
Sound
Proposed Project: Construct a 6' x 274' dock, 6' x 15' pier with a 500 sq. ft. covered
platform and 10 boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by May 2, 1996. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. 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.
Signed
This agency approves of the project only if the recommended changes
are incorporated. See attached.
the project for reasons described in the
Date L
1367 U.S. 17 South, Eltzabeth city, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmative Action Employer 50%recycled/ 10% post -consumer paper

1
'State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
April 22, 1996
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
A*;A
Adlilliftemalimiiiii
E:)EHNFR
FROM: John Parker, Jr.
Major Permits Processing Coordinator U
SUBJECT: CAMA/DREDGE & FILL Permit Application Review p� A'1 R£�fl(/��
AF��
APPLICANT: Kellam -France, I C. A1ANg1qF� N9*
PROJECT LOCATION: Nags Head Causeway, adj. Roanoke Sound, DareCo.
PROPOSED PROJECT: To construct a dock with a pier with platform.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 13,1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
Aky/- 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.
Signed4J Date //3 4
P.O. Box 27687, N'`,CAn
FAX [phone]
Raleigh, North Carolina 27611-7687 Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% posFconsumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 22, 1996
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1' •ram ,
��v 1
EDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: 18Mm-Frantz nT�
PROJECT LOCATION: Nags Head Causeway
PROPOSED PROJECT: To construct a dock and pier with a covered platform.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 13,1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are 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 o jec a project for reasons described in the attached comments.
Signed � Date___�L 147iC
P.O. Box 27687, 7`y� FAX [phone]
Raleigh, North Carolina 27611-7687 Nr� CAn Equal Opportunity/Afflrmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

9tatc
�f rth Carolina
Dep m nt of Environment,
Healt an Natural Resources
Divisio 'of astal Management
i
James H I t, Jr., Governor
Jonath n B )Howes, Secretary
Roger hecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
APPLICANT:
April 22, 1996
Ms. Linda Sewall, Director
Division of Environmental Health
John Parker, Jr.
Major Permits Processing Coordinator
1�
� �7
H NFR
RE
CAMA/DREDGE & FILL Permit Application Reviet?
Kellan-France, Inc.
PROJECT LOCATION:
PROPOSED PROJECT:
Nags Head Causeway, adj, Roanoke Sound are Co.
�b, or _m
To construct a dock and pier with platform.
?lease indicate below your agency's position or viewpoint on the proposed project and return this form by
VIay 13, 1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
MPLY
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
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
igned_a,�� Zll,,
S1z B /76
P.O. Box 27687, NO FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 ? 50% recycled/100/ post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources IT 0
Division of Coastal Management
James B. Hunt, Jr., Governor ID FEE H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 11, 1996
Kellam -France, Inc.
P. O. Box 686
Nags Head, NC 27959
Dear Sirs:
The Division of Coastal Management hereby acknowledges receipt of your application
for State approval for development of your property located on the north side of US 64/264,
Nags Head Causeway, west end of Melvin Daniels Bridge, Dare County adjacent Roanoke
Sound. It was received on April 8, 1996, and appears to be adequate for processing at this
time. The projected deadline for making a decision is J996. 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.
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.
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
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

April 11, 1996
Page #2
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
M'r.r�ii 0
Edward Harrell
Field Representative I
MEH/dc
Enclosure
cc: John Parker
. Richard L. Watts

RECEIVED
APR 8 1996
19 December 1995
KELLAM-FRANCE INC.
P.O. BUX 686
NAGS HEAD, NC 27959
SUBJ: OASIS RESTAURNNT DOCK CONSTRUCTION
REF : Your Letter dated lU October 1995
GENTLEMEN:
In reply to your referenced letter, I have no objection to your dock
construction at the OASIS Restaurant.
Sincerely,
���
VIOLET M. KE JJ C

P Tnrgrr�
SWE
70
�.� 1.
ems..®
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
James B. HuNT Ja. DIVISION OF HIGHWAYS GARLAND B. GARRETT Ja.
GOVERNOR P O Box 1405 SECRETARY
Elizabeth City, NC 27906
[phone]
October 27,1993
Kellam -France Incorporated
P. O. Box 686
Nags Head, NC 27959
SUBJECT: Oasis Restaurant Dock Construction
CAMA Permit
Dear Mr. Mark France,
This letter is to notify you, that as an adjacent riparian landowner, the
North Carolina Department of Transportation has no objections to the project as
presently proposed and hereby waive that right of objection as provided in
General Statute 113-229.
If you have any questions or need addition information, please feel free to
contact me at [phone]; Fax [phone].
��ou�
�pAllen
R/Jussell
Assistant District Engineer
NCDOT
Z`
J

YK625rs0041
"E,XHIBIT A"
RECEIVED
APR 8 1996
f'
11
BOUNDED on the West by the Westerly one-half of Lot #1'as shown and
delineated on a map or plat recorded in Plat Book 2, Page 100, Dare County
Public Registry; bounded on the North by a canal or creek and the Roanoke
Sound, bounded on the East by the Roanoke Sound; and bounded on the South by
U.S. Highway 264-64, said highway having a right-of-way of 60 feet at this,
point, and idore particularly described as follows:
BEGINNING at an iron pipe situate on the North margin or right-of-way
of U.S. Highway 264-6i on the Nags e also Head
mark marking Causeway,
Southeastthat
area corner of theknown
as
irothe
"Pond Island", said n pipe
Westerly one-half of Lot #1 as shown and delineated on a map or plat recorded
in Plat Book 2, Page 100, Dare County Public W st Registry
gistrfeetdtou an iron ng ompipea
beginning point North 19 deg. a situate
running thence North 19 deg. 30 sec. West 8.0 feet to an iron pip
on the shore of a canal or creek; running thence, along the shore of said
canal or creek and following the high t ate in the shore of saidNorth 5canal or
sec. East 43.97 feet to an iron pipid
owing the high water mark efsituateaonithe shoror
creek; running thence, foll
North 69 deg. 46 sec. East 107.45 feet to an iron pip
of said canal or creek, said iron pipe also being situ
wood storage shed, which said storage shed is constructed on pate at theilinesoand
g ,
stands above the waters of said canal or creek; running thence South 11 bideg.
-12 sec. East 7.82 feet along the edge of said storage shed and along
gstheec. Eaet
water mark of said canal or creek; running thence North 79 deg.
23 27.81 feet along the edge of said storage shed and along the high water mark
of said canal or creek to an iron pipe; running thence North 14,deg. 09 sec.;
West 15.49 feet along the edge of said storage shed and along the high water
mark of said canal or creek to an iron pipe, said iron pipe situate in the
mouth of said canal or creek where same intersects with the roanoke Sound;
running thence North 86 deg. 13 sec. East 66.00 feet, along the high water
mark of the said Roanoke Sound to an the high iron
wa ter mark of the hehence North said Roanoke3Sound
59 sec. East 75.27 feet along g
to an iron pipe; running thence South 57 deg. 11 sec. East 112.55 feet along
the high water mark of the said Roanoke Sound to an iron pipe situate in the
way of U.S. Highway 264-64, said iron pipe being
North margin or right -of -
Wes
situate 98.00 feet South 70 deg. 30 sec. t from the Western end of the
necting the Nags Head Causeway,
"short bridge" on the Nags Head Causeway con
to Pond Island; running thence from said iron pipe, and along the North
margin or right-of-way of U.S. Highway 264-64 South 70 deg. 30 sec. West
383.16 feet to an iron pipe, said iron pipe being the point and place of
beginning.
Reference is expressly made to that certain map or plat of said property
recorded in Plat Cabinet B, Slide 306, Dare County Public Registry, entitled
"Physical Survey of Property for M. Warren and wife, Sara H. Jones, Nags Head
Township, Dare County, North Carolina", surveyed February 23, 1985 by Willias
S. Jones, Registered Land ,Surveyor, and said map or plat is incorporated
herein by reference for a more particular description of the property herein
conveyed.

NORTH CAROLINA. County of
9
2r62SPr6090
RECEIVED
APR 8 19rryNotary Public, do hereby
certify that
personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal or stamp, this day of .19
My.Commission expires: Notary Public .
NORTH CAROLINA. County of
a Notary Public• do hereby
certify that
personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal or stamp, this day of ' 19
My Commission expires:
Public
NOR H CAROLINgAounty of W'{ , a Notary Public, do certify that
E`�•'Violet M. Kellam, personally appeared before me
,•.�
ck e f 'tfrsit he is the Secretaryof Kellam -Franca, Inc., a North Carolina
th4j by authority duly given and as the act of the Corporation, the foregoing instrument was signed
i It aamelrr its - President, Morgan M. France, Jr., sealed with its Corporate
S PU hi,re `¢�Iself as its Secretary.
ESS and official seal or stamp, this ( day of May 11989
rQ dpires: I � G J. W1 Notary�ubhc
N/NUOUMr - '
NORTH CAROLINA, County of a Notary Public, do certify that
I,
personally appeared before me
and acknowledged that he is the Secretary of
a Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed
in its name by its President, sealed with its Corporate
Seal, and attested by himself as its Secretary.
WITNESS my hand and official seal or stamp, this day of 119
My Commission expires:
NORTH CAROLINA. County of ' -
The foregoing or annexed certificate of
Public
Notary(ies) Public is (are) certified to be correct. This instrument was presented for registration and recorded in this
office at Book 6DIS Page
%
This day ofMali • 19 _�___. At �
/��a� o'clock r' M.
l - Register
of Deeds
By. C)�,�- Register of Deeds
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ofany of the cowries nls, agreements, terms and provision:
such rents, issues, Profits, revenuse, royalties, rights an
west h prior wrtten consent d the Beneficiary.
(ts) The Gnnlor cola «ays mdpyaha as'letndlorit d(w
it
agreements Imposed anon
or retrain from anrrg anything, the doing .f omission of'
ref if the Grantor shell,. In in ury rnnnr, tail in any o/ it
., q v...._._. _._
re
deem, necessary a desirable in order Itan
r, In its We disus etion. deem, necessary 5
ay the Beneficiary. together with Interest then
. ..................mn. shall be secured b/
from any
In the col
nt of the Noteor In the faithful pedmTHarca
lado unless and until there has been it dela made. h the peymeOf
ieDead ovided, Until such dome ntis meal. the GrantornyreIs nts More
ohant two
thsI adwivot,
Hefts; provided, however. the Grantor shell not collect any rents more then two rteamhs in advertco
nplly and fully keep. Perform and comply with all the terms. Provisions, covenants, conditions and
or designation) u nderlhs Tenentc' Leases, and (ii) that it vdll net do, permit anything tabs done, a omit
I will give any tenant a right to terminate any of the Tenants' Leases.
ove covenams and agreements. he Benfioary may (but shall not be obligated of twine any action the
ry default by the Grantor in the performance of or compliance with any of the Gramm's covenants or
;fall have the right to enter upon the Property to such extent and as offer, as the Benefi iary, in he sole
a cure any such default by the Grsnta. The Berolciary may expand such toms d money n the
t purPose.Th. Grantor hereby agrees to payto the Beneficiary, immediately upondemand, all sumsso
ram the date o/ each such payment at thereto provided for in the Note. All sums ea expanded by the
give the Beneficiary immediate notice by cenlfied mail of of
notice,
Deed o1 Trust. The Gramm will
I of the PrupeM or any pan thereof, the entire unpaid balance ofthe Note shall. atthe Option of the
a such taking is hereby assigned lathe BAnefic`a^ „mired tosapply ittin whole w inpan intreeduction t
The Bantltary is r,a,o�r ^•••. v^-_ _.._ _
the the, outstanding debt secured Wthis Deed olTruaTnotwithstandingGra
shall be applied to the principal lam maturing hereon. The Grantoragreesis Sold, further
rencu bare " othlanysucaewer sell e e •
Slot" 10. SALE OR TRANSFER OF PROPERTY. If the Property is cold, lusher encumbered a otherwise transferred by Grants (inch fog s without
Isumasec itry hauls peedolo,dee+Ilhtinret.W 0, Ideclssonllobo immoditelyd aandn of trust) v ithout the npayablew without regard eficiary's priwwritten oho dale of nsent. the ma maturity of the lob 9lationlo pay any suchwme
Specifically Iroludir,p wilhet limitation, an increase in the interest rate charged under the Note, and the payment of fees, as h may deem OPPrWite. B
provided, however, that the Beneficiary may waive this right of acceleration and permit the assumption of the obligations socured hereby n such terms end
01 voting shares in the Gramm whereby persons w entitles real
rxrditiona, spec' IY aggregate, d If0%a
the Gram;a is axonwation with thiM•ffve 135) or fewer shareholders, the aggregate of such
transfer(s) become the owner(sl. singly in egg ego
owning on the date hereof. singly m in the aggregate, 50% a more al the wing shares of such Grantor. is a limed " general partnership, any change In
gamMoreof r I such voting
D shares.
Shall be emedGranda slla"Is
ll be the
deemed Pro"aa sale of h Im the P05opany I" the purposes o this Section; provided , hhoweveres of this Section , no aharWa n go^eral
Partnership interests)"transfer of wting shares occasioned bydevise, descent or operation of law upon the death of a shareholder or a general fade, as the case
may he, shell constitute a" le oaths Property for the purposes of this Soclion. The Grantor herebyco Ofvennts c give the f such sale notice r emumbr mail of aMste.
lusher encumbrance or Transfer of the Property, as contemplated by this Section, within 10 days efterthe occurrence of such sale, further encumGenco a transfer.
Section 11. SECURITY AGREEMENT.
(,)This Deed of Trust shall constitute a saeuriry agreement wish nts.Thtoall Collateral oaths Grantor norOwned or heruaherfestinthred and llocated rali loth e
Property end used inlhe operation and maintenance of the Improvements. The Grantor hereby grants oe I lighting,
the Bealelmricel power plumbing. sprinkler
inouditter
without limitation, all boilers, all heating air conditioning and ventilating components and end hydraulic components and systemsandall appliances(including stoves,
componams and systems, all carpets. wall coverings. screens anddrapes, Ilenees)IouteaaneM used in connectinwilh the operation
ranges. refrigerators, disposals, dishwashers, warners end dryers, trash compactors end similar appliances)
maintesnce or he Improvements. Property this Deed o1 Trust shall constitute a linnc(�'
Its) With respect to these hams of the Collalerat which are or are to become fixtures y shall to in a Pr
statement filed as a fixture filing. The lien upon fixtures granted herein end perfected hereby shell he in addition to annot in lieu a/ any lien upon funures acquired
order real progeny lees•• ire when mail rail Brad o;�nfF1*dmeil,pstage
r allbedaemadg 0 �i
Section 12.NOTICES. All notices, ceniliwtes and othercommunicat gs017en o OiCiK A
prepaid, return receipt requested, addressod as follows: it fairs Bank, to J n
P, 0. BOX 998, Manteo, NC 27954
if to he Trust". to W' Ra White, Vice President P. 0. BOX 998 Manteo NC 27954
if to the Grantor. to Mor an M. France Jr. President Kellam -France Inc.,
Nags Head, NC 27--- The Grantor.
Ihe Trustee and rho Bank may, by written notice glee^ hereunder. designate a different address where communications should be sent.
Stollen 13. MISCELLANEOUS.
(a) In the event of the subsequent passage of any law of the Stale of North Carolina dedutinp from the value of the taro flo the Purposes rt taxation any ten
thereon, or emending in any way the laws now in force for the taxation of deeds of trust or debts secured thereby, for sloe of heal t thereon,
a the manner of the
collation of any such taxes W es to affect the interest of the Beneficiary, the whole sum secured by this instrument with interest thereon, at In option d the
Beneficiary, shall immediately become due. payable and collectible without notice to any pant
Its) No delays forebearanco by the Beneficiary in exercising any or all of its rights hereunder or rights otherwise sit scent de lees shall operate as a waiver thereat
a preclude the exercise thereof during the continuance of any default asset lonh herein or in the avant of any subsequent default hereunder. In the ethevent Trustee
the
Beneficiary a the Trustee wlunterily a otherwise shall became a pant to eny suit or legal Prot
ingto protectdby
Granoroperty a to any
amounts title paid, including Trustall
ee
created
daby this Deed
e dofTr and enornuy'efeoe the Beneficid in ry shall
ch b saved
harmless
These shots slogetherrwith interest onnithe amounts ethere rattathe
Note shall be secured by this Deed of Trust and their payment anlorced as if they were a pan of the original debt.
(c) It is specifically agreed that hno excess shall
han the maximummtepermittedfry
e parries hereto shall in event be deemed to have contract loco greaterratsoi
law. Should a greater amount be colleted. it shall be construed as a mutual mistake of the parties and Ibereturned to the pant making such e
lihe
payment.
an
(d) The Beneficiary shall at anytime hale the irrevocable right to remove the Trustee herein namedinNorth ut Carolina.
the
causeand to nt oft, death his sutxssor he
instrument in writing, duly acknowledged, in such form as to entitle suchwfluen instrument to record in North Carolina. in the event oaths death a resignation of the
Trustee
herein
eeM endnamed.
the
shall Bon51al11ary lhespo Iwersvdtbsen,p0liht to gpa Ic snt lheren confers successor red on hsuch l Trusteetten in hen samt. e mannle and to the Same eppintd lxten Sotahis he wellre
ement, if any, pursuant towhfcht e
named herein as Trustee.
(oIAll the terms and conditions of the Commitment. if any, upon which the loan hereby secured is predicated, and a loan agre
obligations secured hereby are incurred, are incorporated by this reference and made a pan hereof.
.]Q The covenants, terms end conditions herein contained shall bind, and the benefits and powers shall inure to, the respectivehulas, executors. re parties
•jointhe De
epeF1ssoras Gramassigns of the eacof the miss hereto. he joinllyItieneverand severally oblused herein. the sgefed to perform m theingular number shall lconditions the and covenaural. the nts lherein singular, of Trust containthe 3nied
Nto otwithstanding the
interest%cany h Grantor
rrlwho
as execumay asthis
Deed
eafter afn the Pf Trust ropaMt whoa dimprovementsi thelnol s not execute the Note his Deed of Trusi.The secured has term"Benefciary- shall include subject
of
the jpdeblednep hereby secured and any transferee a assignee thereof, whether by Operation of law a otherwise.
IN WETNESS WHEREOF, the Grantor has caused This Dead of Trust to be executed under seal the day and yea, first above written.
KELLAM-FRANCE, INC. /J
(NAME OF CORPORATION)•
Amen: eve •((T�\—'`i/- .�_
Morgan Franc a cemr ,
Violet M. Ke�lam
eaetaiy
[CORPORATE SEAL] .
`•. ' vpvnnutrIts,nu,uy •: - (SEAL)4r `.
(SEAL)
(SEAL)
(SEAL)

I
AA625►c1036
i
. Such lot, Uses a perm of lard together with all structures. buildings and other brlprovsrnanb (teninafter called tM'Tnprtwerrerlta'j bated thereon being
• ' h "thahor ailed the -Property."
TOGETHER WITH ail futures, equipment and other anicles of personal PtODerty now Owned tarred by the Gramm and located In or upon the [+rapenty, err hertefpr
required and looted thereon and used in connection with the operation and maintenance Of the krlpoprtents silwte thenonfhoreinaMragsdths'Col absel l,
TO HAVE AND TO HOLD the Property and Collateral. with all the rights, privileges, and epputenena, derounto belonging or appertaining to the Trustee, his
Min, srocaaon and assigns, in fee simple forever, upon the busts and M lM rues and purposes twsinahor sal Out;
And lM Grenta covanantswith the Trustee that his seized of the Property In lee and heaths right toc lawful
an� I W ma of otpedmpts; that tilts ts marketable eM
+- free and clear of all encumbrances: and that lt will warrant and defend Ina title tothe property againstPersonsMatnswvereace fwgw
i exceptions hereinafter stated:
i
• 1
j I
THIS CONVEYANCE IS MADE UPON THIS SPECIALTRUST, that it Ile Gentor dull peytte Nde in'nc�irdance wlth hsterrro, topelherwdh kttorestUereon, and
any removals or extensions thereof in whole or in part, shall pay all sums advanced Wound" to )irofeet the security of this Dead of Trutt or the rights of tls
Beneficiary, togetherwilh interest thereon, and shall exmplywith all the covenants, win$ andcodhlens of this Deed ofTrust.lMn thismtvstrancesMll benulland
void and may be cancelled of record at the request and Of rue cat of the Grams.
Section 1. EVENTS OR DEFAULT. The occurrence of any one or more of the folbwing events'shall constitute an Event of Default hereuMr.
(a) The Grantor's failure to pay when due Its principal of and pntartrst on the NOW:
(b) The Grantor's breach of any of the term. conditions or covenants contained in this Deed of Trust
let The must or threatened demolition, injury or waste to the Property which nay Impair its vol ra
fell The appointment of a receiver for. or the filing of a petition of bankruptcy by or pairot, rise G
(a) The Grantors default in or breach of any of the terms, conditions, eoveranb err epreeme is contained in eery separate assipnmeM al levees given
motional security for the loan;
(N The Grantor's default under the terms of any instrument to which this Deed ofTrust is su dinate a which is subordinate to this T apon which the �Mn
(q) Delauftby the Grantor in keeping. performing m observing any term, covenant. agreemern or condition of the ComrnilmeM, Ha
hereby secured was predicated. or delauh by the Grantor under any separate ben agreement orolheragreernent executedarcumeniN with the execution and
Icon IheofenalDeeryof Trthke repayment of whichub Iinlealrrded to lea agreement
bycontaining
Doeddhual relating to liverphtsol the GnMorto receivefuture 0dvancaaj
Sectbn2. REMEDIES UPON DEFAULT. Upon the occurrence of an evenlof Default. the Ben,ficlaryarelTNates shall here the following righbatemMhs �
(a) The Beneficiary shall here the right, at its option, to declare all amounts payable under theeota to be'Immedleterydue and payable, whereupon
shall become immediately due and payable, regardless of the maturity date thereof n�
(b) On the application of the Beneficiary, if the Beneficiary shall have declared the outsta imp principal balance of the Nate to a immediately due and
payable, the Trustee shall be obligated, and is hereby authorized and empowered, to exlom to sale and sell the Property and the Collateral, B any. at public
auction for cash, after first having complied with all then applicable requirements of Norm Carolina taw.
Upensu<h sale, Ina Trustee shall convey titre to the Durcnaar in fee simple.The Benalicleryahell havetna rfghtto Didat am/atslhareunder. TheTresteemay
squire the suaesslul bidder et enysale todeposit immadiateNv+ilh IheTrustea ash uxcanifieQchaudcin an amount not to exceed twenry•fiveperant(26%)d
the bid, Drovjded not ice al such requirement's contained in 'he advenisemenl tithe sale. TheTrusleo may rejecilhebld i/Ihedeposh is nettherve telymade,
and thereupon the Trustee meydeclare the next highest bidder to be the Purchaser. Such deposes shall a refunded incaa a reale is had; otherwia, lt shallbe
applied to the purchase price. If Collateral is sold hereunder, it need not be at the plea of sale. The published notice, )overran, shell state the time eM Dlea
where the Collateral maybe inspected prior to sale.
In the event a prcoemy to ezer re the power of sale contained herein is begun but not completed, the Gentashall pay all expenses ineumed bytheTrlatao
t.G �tlffb Id pertiel c0mmlesicnfdmputc es follows:one-founhol the hereinafter-speciliedoemmission prior tothe Trustee's Issuance of a relic of hearing on the
OI__1I rgMefoeclOseandone-half of the hereinafter•speciliadcommissioneherliveissuanceofeachnotice. SuchezpenaseMperttslcommialonrnaybepeldby
0 the Benefriary on behaH of the Grantor but, in any event, shall be secured by this Deed of Trust.
The loregoinq shell in na way be construed to limit me powers of sale or restrict the discretion the Trustee may have under the provisions of Article 2A of
ChaPierffor, to everyother Or
45 of the General Statutes of North Carolina,as lheamernaybefroinlimetotime amended. Each legal.equitable"COnbecuel right, ppvwrorremady,
of ghtpowner
lne Trustee rewor hereafter providedhereinaby astute orotherwise soneanhall be are of such rdanaowanretandemnd ledies sl be in �not preclude the simultaneous
and remedy. The exercise or beginning of the exercise by the Trustee of any one err more of such rights. Da'A
or later exercise of any or all such other rights. powers and remedies.
(c) The Beneficiary shall have the right to collect rents, issues, profile and revenues according to the terms of Section 8 hereof. ..
(d) If the Grantor and the Beneficiary have contemporaneously entered into a building ban agreement or any other agreement by any other designation
containing remedies exercisable by the Beneficiary upon the acumen of an eventof default thereunder, then the Beneficiary shall be entitled toexerciss such
rights and remedies as are contained in such separate agreement. The Beneficiary shall have the right to the appointment of a receiver to collect the rents and
profits from the Property without consideration of the value of the Property m the solvency of any person liable la the payment of the amountsihen owing. The
Beneficiary at its option, in lieu of an appointment of a re river, shall here the right tode all those things the receiver could have done. H such rocaivershouldbe
appointed, or i1 mere should a a sale of the PropeM by Imeelosure, as provided above, the Grantor cr any person in possession of the Property. as tenam or1
otherwise, shall become a tenant at will of the receiver or, of the purchaser and may be removed by a writ of ejectment. Summary ejectment m afar lawful
remedy.
(e) The exercise by the Beneficiary of any right or remedy granted to the Benef ciaryorTruslee in fewer by this document shall not be deemed an'rtavocetil
election of remedies thereby precluding the Beneficiary or the Trustee from exercising or pursuing any other right or remedy granted to the Trustee or 1�
Beneficiary under this document or at law. All remedies contained herein or in any other separate agreement executed immemporeneouslywith the execdior
of this Deed of Trust are intended to be cumulative.
Section 3. APPLICATION OF PROCEEDS. Proceeds derived from the exercise of either the power of sale or, the collection of rents andpraiilsshell be appliedt
pay, first, costs end expenses, including the Trustee's commission in the amount of five percent (5%) in the event olsale, reasonable attorneys feeslor legal atvias
actually performed, and reasonable auctioneer's fees it such expenses have been incurred and any other expenses or advances maderr incurred in the protection d,
the rights of the Trustee or in the pursuit of any remedy hereunder; second, to taxes and assessments due and unpaid, if the Trustee deems h appropriate todo a;
third, to the payment of any indebtedness (including principal and interest on the Note) secured bylhis DeodolTrust and fourth, tha balance. H any, to lheperson or
persons entitled thereto.
Section a. PAYMENT OF AMOUNTS DUE UNDER THE NOTE. The Grantor covenants and agrees that it will pay when due the principal and interest onth a
Nate.
Section r5.a PAYMENT is TAXES. ASSESSMENTS AND OTHER AMOUNTS: MAINTENANCE es INSURANCE.
(owd Grantor covenantsand agrees
omeitwill pay whenoue,ail taxes. assessments. a sees and dinchargesopolnar against
the pr Property. of every eharacterwhkM1
are now due or which may hereafter become liens on the Properly, including all lazes assessed in North Carolina es on t the m st"here or the led do Beneficiary ex ead
instrument or the sum hereby secured or evidenced by the Note, provided the amount of such latter loxes with the interest on Ina sum herabysecurad doests t e reaed
the maximum contract rate permitted by law, but if it does, the excess to be paid by the Beneficiary: ant Immediately deliver to the Beneficiary official receipts therefor:
The Beneficiary may, at its option. pay any such taxes, assessments, levies, or charges against the Property, and the official receipts therefor shall be inclusive
expended shall immediately become debts due by the Grantor payable on demand, shall
evidence of payment. the amount due and validity thereof. Any amounts a ex
beer interest at the rate specified in the Note secured hereby and their payment shalt be secured by this Deed of Trust.
(b) The Grantor covenants and agrees that it will keep the Improvements now "hereafter on the Property insured against toss and damage by lire. tornado and
windstorm, and against such other hazards as the Beneficiary may require, including business interruption (if required by the Beneficiary) in amounts s rtislaooryto
the Beneficiary, plus an amount sufficient to prevent any co-insurance liability of the owner of the Property or the Beneficiary, for the benefit of the Beneficiary, less. H
any, to be made payable in the policyor policies of insurance to the Beneficiary as its interest may appear, the loss payableclauseslo be In suchform oaths Beneficiary
may require. All insurance shall be in companies approved by the Beneficiary and the policies and renewals thereof shall, when issued, be Immediately delivered 10
live Beneficiary to be hel0by it. The Grantor will pay all premiums for such insurance when due and immediately deliver tolhe Beneficiary official receipts therefor. In
the event of loss, the Grantor will give immediate notice by mail to the Beneficiary, who may make proof of lass it not �emade promptlynt" a Grantor. Each insurance
earn concernedisherebyauthorizedanddirectedtomakepaymentofsuchlossdirMlytotheBeneficiaryinsteadoftoliveGentorreelliveBeneficiaryjdnM-
The proceeds of any insurance, or any pan thereof, maybe applied by the Beneficiary, at its option, either to the reduction of the indebtedness herebysecuretlort0lhe
restoration or repair of the progeny damaged. II the Grantor fails or refuses to keep the Property so insured, the Beneficiary may obtain such Insurance without
Ixejudi<e to its right to foreclose hereunder by reason of such default. The Beneficiary may, at its option, pay any such insurance premiums. The official receipt to
such payment shall be coneiusive evidence of the payment iha amount due and the validity thereof. Any amounts a expended shall immediately beams debtsdus
by the Grantor, shall bear interest el the rate specified in the Note secured Hereby, and (hair payment shall de secured by this Deed of Trust. patron the first
(cl If
required by Iha Ba's r, 5' a' the Grantor sprees That in addition to paymonts of principal and interest called for bythe Note, the Grantorshall pay
day of each month, or on the due data of monthly poymonls of principal, to the Beneficiaryor to ifs duly authorized agent a sum equal to one -twelfth of the known or
asl, in - c (by the Beneficiary) Yearly loxes, rssessme nts and insurance premiums on or against the Property. The Beneficiary shall be under no obligation to Pay
interest on su<h payments. The aanelic.a y shall hold end apply such payments to the payment of lazes, assessments and insurance premiums as and when due. If
the total of such monthly payments shall exceed the amount needed, the excess shall be held for future needs: but, should such monthly payments at anytime fail to
provide sufficient lunds to Paytazes, assessments and insurance premiums when due, then the Grantor shall, upon written demand, pay to the Beneficiary within 10
daY.
of receipt olsuch demand the amount necessary tocover the deficiency. When the Grantor shag ilave paid the Note, theryBonet1cieryshall relundtothe Grantor
any excess funds accumulalod hereunder. In the even, of a foreclosure saps of the Property, the Beneficiary may a an balance remaining of the furls
accumulated for the above purposes I0 the payment of the Note.
Section S. MAINTENANCE OF THE PROPER TY. The Grantor covenants and agrees that swill not commit orpermit anywaste totha Property. and veil k11
the Property in as good order• repair, and condition as it is now. reasonable wear and leer excopled.The Beneficiary shall have the righttoinspectihe PnopertYere
reasonable times, and access thereto shall be parmilled for that purpose to it or its authorized agents.
Section 7. ANNUAL STATEMENTS. The Grantor covenants and agrees that lt will furnish to the Beneficiary without cost to the Beneficiary: (a) ■o rnnu
statement, in form and cenifiod in a manna, satisfactory to the Beneficiary, selling lonh all income end expenses derived or Incurred from the opeem o fi INN
Grantors business conducted on the Property and Iho operation of any Improvements situate thereon within ninety (90) days from the and of the calendar or Ilar�l
year of such operatiore, and (b) within ninety (90) days of the end of each fiscal year live financial statements 'in
form and certified in a manner atislectory ts Jha
Berelkiery) of the Grantor, end each of the puarentors or endorsers, iI any of me Indebtedness hereby secured.
Section B. ASSIGNMENT OF RENTS. LEASES ANO PROFITS.
Seeff lusher security for the peymonl OI me NOhi and for the lanhluI ledomani of ell live avenans, agreements, terms endproNsions ofthls DoedolTrust.d!a
Grantor hereby calla, an or endassign. unto the Beneficiarye11 the Grantoi s right,rifleend inlereslIn and to the rents,issues, profits, revenues, topltica.rkhb
ant benefits prom the Property. To Thal end, the Grantor horoby assigns and its over untothe Beneary ell lesascl ell or a pen of Ina Property now rnade, oxacmad
ordelin ad,whellher written or verbal, or to be hereall0r made, wholhar win orverbal(hereinaller referred to Individually and colleclWely ere"Tenenls'Leases"1'
vjhe Grantor -to oruthonn and empowers the Benelicierylocollect The se rants, issues, profits,revenues. ropilies,rightsend DenelHseslh ry3hallbdeec'i
and here bydit." each and all olthe lanan', Of the Property to pay such rents. as may nowbe due or sIt hereafter become due, tothe Benalicia upon
_ 9
f

BK 62 5 PC 0 0 3 ! I1
L
;Daniel D. Khoury, Attorney at Law, Daniel D. Khoury, Attorney at Law,
Prepared By: 8111 DOM" N111a NC 7Q/8 Mail To: Kill Devil Hills. NC 27948
STATE OF NORTH CAROLINA P: F8042. 16 RECEIVED
COUNTY OF DARE
DEED OF.TRUST AND SECURITY AGREEMENT APR 81996
(PERMANENT LOAN) ,
(COLLATERAL IS OR INCLUDES FIXTURES)
THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Deed of Trust-), made and entered into this let
day of May 19 89 ,by and between KELLAM-FIANCE INC. a North Carolina corporation
whose address is
post Office Box 686 Nags Head, NC 27959
(hereinafter called the "Grantor" whether one or more in number, a corporation, partnership, or an individual), and
W. Ray White of Dare County, NC ,as Trustee
(hereinafter called the "Trustee"), and THE PLANTERS NATIONAL BANK AND TRUST COMPANY, a national banking association
organized and existing under the laws of the United States, whose principal office address is 131 North Church Street, Rocky Mount,
North Carolina, 27801 (hereinafter called the "Beneficiary"):
WITNESSETH. WHEREAS, the Grantor is indebted to the Beneficiary in the sum of Two Hundred Eighty -Five Thousand
AndNo/100ths------------------------------- Dollars (5285,000.00 ), as evidenced by its note dated
MAY 1 , 19 89 _ (hereinafter called the "Note•'), the terms of which are incorporated herein by
reference and the final date for payment of which, if not sooner paid, is Hay 1 , 19 92
AND WHEREAS, the Grantor desires to secure the payment of the Note with interest, the payment of all other sums, with interest
thereon• advanced in accordance herewith to protect the security of this Deed of Trust or to protect the rights of the Beneficiary
hereunder and to secure the performance of the covenants and agreements of the Grantor contained herein, by a conveyance of the
lands and a grant of the security interests hereinafter described;
NOW, THEREFORE, in consideration of the premises and for the purposes aforesaid, and in further consideration of the sum of
One Dollar (51) paid to the Grantor by the Trustee, receipt of which is hereby acknowledged, the Grantor has given, granted, bargained,
sold and conveyed, and by these presents does give, grant, bargain, sell and convey unto the Trustee, his
heirs, successors and assigns the following described lot, tract or parcel of land lying and being in Nags Head
Township, Dare County, State of North Carolina, and more particularly described as follows:
(Description)
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
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1K62SPG1036
Substitute Trustee, as aforesaid, is authorized and empowered to convey
the same.
IN TESTIMONY WHEREOF, the Grantor, acting as Substitute Trustee,
as aforesaid, has hereunto set his hand and seal, and Mary Claire
Jones has executed this instrument as evidence of her assignment of
her bid to the Grantee herein as set out above, all as of the day and
year first above written.
�� �O ►'✓" "/ (SEAL)
Charles T. Busby, Substitu a Trustee
(SEAL)
Mary Clftire Jones
NORTH CARO A
COUNTY OF
I, a Notary Public of the County and State aforesaid, certify
that CHARLES T. BUSBY, SUBSTITUTE TRUSTEE appeared before me this day
and acknowledged the execution of the foregoing instrument.
M� 1'1(��' ,, WITNESS my hand and official stamp or seal, this 15_ day of
r"'1191�Ts 1989.
Notary Public
STATE OF
COUNTY OF I
I, a Notary Public of f3g,,IX County and the State aforesaid,
certify that MARY CLAIRE JOKES appeared before me this day and
acknowledged the execution of the foregoing instrument.
WITNESS my hand and official stamp or seal, this I5� day of
1989. dt
Notary Public'
gJclj c;
5.
. tfuu r• !. %--
NORTH CAROLINA, DARE COUNTY Orin M' �.
The foregoing
islare certified to be correct. This instrument and this certificate are duly registered at the date and time in
the Book and Page shown on the first page hereof.
Dorris Fry Register of Deeds for Da CountootRegister oJDeeds {{{-
NOV I� it I�I'TJ s I
I r;

RK625PC0035
J
HIM-3 0 1005
pipe situate on the shore of a canal or creek; running theennce,
along the shore of said canal, or creek and following
thewater mark thereof North 55 deg. al min. East 4197 feet to an
iron pipe situate Jn the shore of said canal or creek; running
thence, fallowing the high water mark of said canal or creek
North 69 deg. 46 min. East 107.45 feet to an iron pipe situate
on the shore of said canal or creek, said iron pip being
situate at the edge of a wood storage shed, which said storage
shed is constructed on pilings and stands above the waters of
said canal or creek; running thence South 11 deg. 12 min. East
-7.82 feet along the edge of said storage shed and along the high
water mark of said canal or creek; running thence North 79 deg.
23 min. East 27.81 feet along the edge of said storage shed and
along the thencehigh
North 14 deg. 09 t
min. West 15.49feet along o an iron �� the
running
edge of said storage shed and along the high
w[uate in the said
canal or creek to an iron pipe, said iron pip s
mouth of said canal or creek where same intersects with the
Roanoke Sound; running thence North 86 deg. 13 min. East 66.00
feet, along the high water mark of the said Roanoke Sound to an
iron pipe; running thence North 83 deg. 59 min. East 75.27
feet along the high water mark of the said Roanoke Sound to an
iron pipe; running thence South 57 deg. it min. East 112.55
feet along the high water mark of the said Roanoke Sound to an
iron pipe situate in the North margin or right of way of U.S.
Highway 264-64, said iron pipe being situate 98.00 feet South 70
deg. 30 min. West from the Western end of the "short bridge" on
the Nags Head Causeway connecting the Nags Head Causeway to Pond
Island; running thence from said iron pipe, and along the North
margin or right of way of U.S. Highway 264-64 South 70 deg. 30 -
min. West 38316 feet to an iron pipe, said iron pipe being the
point and place of beginning.
Reference is expressly made to that certain map or plat of said
property recorded in Plat Cabinet B, Slide 306, Dare County
Public Registry, entitled "Physical Survey of Property for M.
Warren and wife, Sara H. Jones, Nags Head Township, MCounty,
North Carolina", surveyed February 23, 1985 by William S. Jones,
Registered Land Surveyor, and said map or plat is incorporated
herein by reference for a more particular description of the
property herein conveyed.
Said lands being the property conveyed to Melville Warren Jones
and Sara H. Jones by Deed recorded in Deed Book 307, page
112,
and Book 393, page 672, in the office of the Register of Deeds of
Dare County, North Carolina.
TO HAVE AND TO HOLD said lands and premises, together with all
privileges and appurtenances thereunto belonging unto it, the Grantee,
its successors and assigns, in as full and ample a manner as Grantor, as
4. _ -�r
�•Ni.

.AK625PG0033
1 e:.
with such notice, a hearing was held on November 18, 1988, before the
Assistant Clerk of Superior Court of bare County, whereupon the said
Assistant Clerk authorized Grantor to proceed under said deed of trust to
sell the real property described therein and described below. Whereupon
I
the Grantor caused proper notice of sale to be delivered to the parties
entitled -thereto, and to be posted and published, as required by law and
as provided in the deed of trust. In accordance with such notice of
sale, a foreclosure sale was held by the Grantor at 10:00 o'clock a.m.
on January IL 1989, at public auction at the Dare County Courthouse door
in Manteo, North Carolina, when and where the Grantor exposed the
described property for sale to the highest bidder, subject to prior
< liens, restrictions and encumbrances, and when and where John H.
a r Whitehead became the last and highest bidder for said land at the price
m 5 of•$425,000.00.'
W
q� � WHEREAS, Grantor duly reported the land sale to the Clerk of
Z
o
Superior Court of Dare County as by law required, and thereafter, within
m ❑o
a was placed
w the ten (10) day period allowed by law, an upset hid
y W
by Mary Claire Jones, as by law provided, whereupon an Order of Regale
was entered on January 27, 1989.
WHEREAS, pursuant to said Order of Re -Sale, and after further and
due posting and advertisement as in said deed of trust provided and as by
law required, with due and proper notice to the parties, the Grantor, at
10:00 o'clock a.m. on February 17, 1989 did expose the land described in
said deed of trust for re -sale at public auction at the Dare County
Courthouse door in Manteo, North Carolina, when and where Mary Claire
Jones became the last and highest bidder for said land at a price of
2.
P�i�V 3 0 1995

AK625PC0032
W
r�s o
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lair U J
� V
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2-i
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YI�J
STATE OF NORTH CAROLINA
SUBSTITUTE TRUSTEE'S COUNTY OF DARE REED. l I PM 12 24
J Iln
THIS DEED, made this 1st day of May, 1989, by and between CHARLES
DORR!s A. FRY
T. BUSBY, Substitute Trustee in the Deed of Trust hereinafter Mj "T49, r DEEDS
of Chowan County, North Carolina, (hereinafter referred to as "Grantbr"Y
and &EL-LAM-FRANCE, INC., a North Carolina corporation, (hereinafter
referred to as "Grantee', P. 0. Bccc 686, Nags Head, NC 27959
j WIT N ESSET H:
A
WHEREAS,. on March 13, 1985, Melville Warren Jones and wife,
Sara H. Jones executed and delivered unto M.E. "Buddy" Lowry, as .
Trustee, a certain Deed of Trust which is duly recorded in the office of
the Register of Deeds for Dare County, North Carolina, in Book 395 at
page 406 to which reference is hereby made; and
WHEREAS, default having occurred in the payment of the
indebtedness secured by said Deed of Trust and Grantor having been
substituted as Trustee, as set forth in Book 593 at page 618 of the Dare
County Public Registry, due demand was made on the Grantor by the owner
and holder of the indebtedness secured by said Deed of Trust that he
foreclose the said Deed of Trust and sell the property under the terms
thereof; and
WHEREAS, because of said default and demand for foreclosure, and in
accordance with the terms of the deed of trust, the Grantor instituted a
special proceeding before the Clerk of Superior Court for Dare County,
File No, g- and caused a notice of said foreclosure proceeding to
TN /^: Rea! Estate =
be served ue,,�ilete5y-� to such notice. In accordance
t
u h0.Yl•'d3 �'✓ 4 4 C. J it
NOV in. 5
s

jr625tc0034
$446,300.00; and
WHEREAS, Grantor duly reported said re -sale to the Clerk of
Superior Court as by law "required, and thereafter said sale remained open
ten (10) days and no advance bid was placed thereon in the time allowed
by law; and
-WHEREAS, the said Mary Claire Jones has assigned her bid to the
Grantee herein as evidenced by her signature appearing below; and
WHEREAS, said purchase price has now been fully paid; and
WHEREAS, Grantor has filed with the Clerk a Final Report and
Account showing all receipts and disbursements of Grantor, and the Clerk
has audited and approved the Final Report and Account;
NOW, THEREFORE, Grantor, acting as Substitute Trustee as
aforesaid, under authority of said Orders of Court and in consideration
of the said purchase price, has bargained and sold and by these presents
does bargain, sell and convey unto the Grantee, -its successors and
assigns, a certain tract or parcel of land lying and being in Nags Head
Township, Dare County, North Carolina, and more particularly described as
follows:
Bounded on the West by the Westerly one-half of Lot #1 as shown
and delineated on a map or plat recorded in Plat Book 2, page
100, Dare County Public Registry; bounded on the North by a
canal or creek and the Roanoke Sound; bounded on the East by the
Roanoke Sound; and bounded on the South by U.S. Highway 264-64,
said highway having a right of way of 60 feet at this point, and
more particularly described as follows:
Beginning at an iron pipe situate on the North margin of right of
way of U.S. Highway 264-64, on the Nags Head Causeway, in that
area known as "Pond Island", said iron pipe also marking the
Southeast corner of the Westerly one-half of Lot #1 as shown and
delineated on a map or plat recorded in Plat Book 2, page 100,
Dare County Public Registry and running from said beginning point
North 19 deg. 30 min. West 100.00 feet to an iron pipe;
running thence North 19 deg. 30 min. West 8.0 feet to an iron
3.
,.. I � nI NOV 3 0 1995

AK625Pc 0 0 3 1
Substitute Trustee, as aforesaid, is authorized and empowered to convey
the same.
IN TESTIMONY WHEREOF, the Grantor, acting as Substitute Trustee,
as aforesaid, has hereunto set his hand and seal, and Mary Claire
Jones has executed this instrument as evidence of her assignment of
her bid to the Grantee herein as set out above, all as of the day and
year first above written.
(SEAL)
Charles T. Busby, Su a Trustee
VeLet 0141, (SE A L)
Mary Glhdre Jones
NORTH CAROIV
COUNTY OF
I, a Notary Public of the County and State aforesaid, certify
that CHARLES T. BUSBY, SUBSTITUTE TRUSTEE appeared before me this day
and acknowledged the execution of the foregoing instrument.
Py•,• WITNESS my hand and official stamp or seal, this _L_ day of
T19 16- . 1989.
TAR-e I
1fNd4Gf
B�,1G �,• Notary Public
InN.1r ' I
STATE OF
COUNTY OF I
I, a Notary Public of 1 County and the State aforesaid,
certify that MARY CLAIRE JO ES appeared before me this day and
acknowledged the execution of the foregoing instrument.
WITNESS my hand and official stamp or seal, this ISM day of
1989.
-40'Z d. 44!d
Notary Public
NORTH CAROLINA, UAxc wva.
The foregoing cerftifiF°� (�°� _ � ��
ie/ere Mad to be correct. This instrument and this eerti6cate are dd
the Book and Page shown on the &et pegs hereof.
DorrisFry BeglsterofDeeds for po County
By { \ rS1 M 9r4C' n_alsetetant Begister of Deeds
.. ."' •rut-. .: ff

3K625P00035
El
fl
If
I
pipe situate on the shore of a canal or creek; running thence,
along the shore of said canal, or creek mand in.f llowiEast4 .thefhighto an
water mark thereof North 55 deg.
Iron pipe situate in the shore of said canal or creek; running
thence, fallowing the high water mark of said canal or creek
North 69 deg. 46 min. East 107.45 feet to an iron pipe situate
on the shore of said canal or creek, said iron pipe also being
shed is co tny�cted on pilings and of a wood storage
tands above the said storage
of
said canal or creek; running thence South 31 deg. 12 min. East
-7.82 feet along the edge of said storage shed and along the high
water mark of said canal or creek; running thence North 79 deg.
23 min. East 27.81 feet along the edge of said storage shed and
sai
or creek
along runningg g then a North 14 eg f 09dmin.�ot
high water mark o an iron pipe;
West 15.49feet along the
rU°"the high water mark of said
edge of said storage shed and along a situate in the
canal or creek to an iron pipe, said iron pip
mouth of said canal �g t creek nce North 86 deg 13 min. ere same intersects h East 66.00
the
Roanoke Sound;
feet, along the high water mark of the said Roanoke Sound to an
iron pipe; running thence North 83 deg. 59 min. East 75.27
feet along the high water mark of the said Roanoke Sound to an
iron pipe; running thence South 57 deg. 11 min. East 312.55
feet along the high water mark of the said Roanoke Sound sto an
iron pipe situate in the North margin or right of way
of U-
Highway 264-64, said iron pipe being situate 98.00 feet South 70
deg. 30 min. West from the Western end of the short bridge on
the Nags Head Causeway connecting the Nags Head Causeway the N Pond
Island; running thence from said iron pipe, and along
margin or right of way of U.S. Highway 264-64 South b70 deg.'
30 -
min. West 38316 feet to an iron pipe, said iron pip
point and place of beginning.
Reference is expressly made to that certain map or plat of said
property recorded in Plat Cabinet B, Slide306, Dare fount
o
Public Registry, entitled "Physical SurveyProperty
Warren and wife, Sara H. Jones, Nags Head Township, Dare County,
North Carolina", surveyed February 23, 1985 by William S. Jodes,
Registered Land Surveyor, and said map or platis rP
herein by reference for a more particular description of the
property herein conveyed..
Said lands being the property conveyed to Melville Warren page
and Sara A. Jones
672, indthecorded in office of the Reook gister0of Deeds of
and Book 393, page
Dare County, North Carolina.
TO HAVE AND TO HOLD said lands and premises, together with all
privileges and appurtenances thereunto belonging unto it, the Grantee,
its successors and assigns, in as full and ample a manner as Grantor, as
4.
I Ill
Hovt•13 0 1995

AK625►c0039
t••'
$446,300.00; and
WHEREAS, Grantor duly repdrted said re -sale to the Clerk of
Superior Court as by lav "required, and thereafter said sale remained open
ten (10) days and no advance bid was placed thereon in the time allowed
by law; and
. WHEREAS, the said Mary Claire Jones has assigned her bid to the
Grantee herein as evidenced by her signature appearing below; and
WHEREAS, said purchase price has now been fully paid; and
WHEREAS, Grantor has filed with the Clerk a Final Report and
Account showing all receipts and disbursements of Grantor, and the Clerk
has audited and approved the Final Report and Account;
NOW, THEREFORE, Grantor, acting as Substitute Trustee as
aforesaid, under authority of said Orders of Court and in consideration
of the said purchase price, has bargained and sold and by these presents
does bargain, sell and convey unto the Grantee, its successors and
assigns, a certain tract or parcel of land lying and being in Nags Head
Township, Dare County, North Carolina, and more particularly described as
Bounded on the West by the Westerly one-half of Lot 11 as shown
and delineated on a map or plat recorded in Plat Book 2, page
100, Dare County Public Registry; bounded on the North by a
canal or creek and the Roanoke Sound; bounded on the East by the
Roanoke Sound; and bounded on the South by U.S. Highway 264-64,
said highway having a right of way of 60 feet at this point, and
more particularly described as follows. -
Beginning at an iron pipe situate on the North margin of right of
way of U.S. Highway 264-64, on the Nags Head Causeway, in that
area known as "Pond Island", said iron pipe also marking the
Southeast corner of the Westerly one-half of Lot /1 as shown and
delineated on a map or plat recorded in Plat Book 2, page 100,
Dare County Public Registry and running from said beginning point
North 19 deg. 30 min. West 100.00 feet to an iron pipe;
running thence North 19 deg. 30 min. West 8.0 feet to an iron
3.
NOV 3 rt 1995 i��

AK625PO0033
A
with such notice, a hearing was held on November 18, 1988, before the .
Assistant Clerk of Superior Court of Dare County, whereupon the said
Assistant Clerk authorized Grantor to proceed under said deed of trust to
sell the real property described therein and described below. Whereupon
the Grantor caused proper notice of sale to be delivered to the parties
entitled thereto, and to be posted and published, as required by law and
as provided in the deed of trust. In accordance with such notice of
sale, a foreclosure sale was held by the Grantor at 10:00 o'clock a.m.
on January 11, 1989, at public auction at the Dare County Courthouse door
in Manteo, North Carolina, when and where the Grantor exposed the
described property for sale to the highest bidder, subject to prior
liens, restrictions and encumbrances, and when and where John H.
Whitehead became the last and highest bidder for said land at the price
of ' $425,000.00.
WHEREAS, Grantor duly reported the land sale to the Clerk of
Superior Court of Dare County as by law required, and thereafter, within
the ten (10) day period allowed by law, an upset bid was placed
by Mary Claire Jones, as by law provided, whereupon an Order of Resale
was entered on January 27, 1989.
WHEREAS, pursuant to said Order -of Re -Sale, and after further and
due posting and advertisement as in said deed of trust provided and as by'
law required, with due and proper notice to the parties, the Grantor, at
10:00 o'clock a.m, on February 17, 1989 did expose the land described in
said deed of trust for re -sale at public auction at the Dare County
Courthouse door in Manteo, North Carolina, when and where Mary Claire
Jones became the last and highest bidder for said land at a price of
W
• '1:;�_?. ;;. ;'ice',
2.
0 N O V 3 0 4995

A&625Pc0032
w!g
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A� W V
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0
STATE OF NORTH CAROLINA SUBSTITUTE TRUSTEE'S AEED'.
COUNTY OF DARE 'I"I I PH 12 24
THIS DEED, made this 1st day of May, 1989, by and between CHARLES
DCPR !•3 A. FRY
T. BUSBY, Substitute Trustee in the Deed of Trust hereinafter ggnj"ed„:; DEEDS
...11.- r.:'i.:-V. iI.0 11•
of Chowan County, North Carolina, (hereinafter referred to as GrentOr`)
and y,•ELLAM-FRANCS, INC., a North Carolina corporation, (hereinafter
referred to as "Grantee'), P. O. Bcac 696, Nags Head, NC 27959
of
WITNESSBTH:
WHEREAS, on March 13, 1985, Melville Warren Jones and We,
Sara H. Jones executed and delivered unto M.E. "Buddy" Lowry, as .
Trustee, a certain Deed of Trust which is duly recorded in the office of
the Register of Deeds for Dare County, North Carolina, in Book 395 at
page 406 to which reference is hereby made; and
WHEREAS, default having occurred in the payment of the
indebtedness secured by said Deed of Trust and Grantor having been
substituted as Trustee, as set forth in Book 593 at page 618 of the Dare
County Public Registry, due demand was made on the Grantor by the owner
and holder of the indebtedness secured by said Deed of Trust that he
foreclose the said Deed of. Trust and sell the property under the terms
thereof; and
WHEREAS, because of said default and demand for foreclosure, and in
accordance with the terms of the deed of trust, the Grantor instituted a
special proceeding before the Clerk of Superior Court for Dare County,
File No, p- and caused a notice of said foreclosure proceeding to
YH Rea! [Statr, _
_ .. }fs',Tj
'ir tq such notice. In accordance
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• � �LIULJ �/1-..tri•S.Il.i .S � III I'
�MI,�IYi/ l� pig

IC
4K625PG0041
"EXHIBIT A"
WFIVED
APR b 1996
d
BOUNDED on the West by the Westerly one-half of Lot #1'as shown and
delineated on a map or plat recorded in Plat Book 2, Page 100, Dare County
Public Registry; bounded on the North by a canal or creek and the Roanoke
Sound; bounded ,on the East by the Roanoke Sound; and bounded on the South by
U.S. Highway 264-64, said highway having a right-of-way of 60 feet at this
point, and ffi'ore particularly described as follows:
BEGINNING at an iron pipe situate on the North margin or tight -of -way
of U.S. Highway said 6ironnthe Nags Head pipe also marking athe Southeastin t corner ofknown
the
as
"Pond Island ,
Westerly one-half of Lot #1 as shown and delineated on a map or plat recorded
in P1at.Book"2, Page 100, Dare County Public Registry and running from said
North 19 deg. 30 sec. West 100.00 feet to an iron pipe;,
beginning pointpipe
running thence North 19 deg. 30 sec. West 8thencet along thenahoze oft
tsaid
on the shore of a canal or creek; running
canal or creek and following the hie situate in the shore of saigh water mark thereof North d canal or
sec. East 43.97 feet to an iron pip
creek; running thence, following the high water mark of said canal or creek
North 69 deg. 46 sec. East 107.45 feet to an iron pipe situate on the shore
of said canal or creek, said iron pipe also being situate at the edge of a
wood storage abed, which said storage shed is constructed on pilings and
stands above the waters of said canal or creek; running thence South 11 de
12 sec. East 7.82 feet along the edge of said storage shed and along the high
water mark of said canal or creek; running thence North 79 deg. 23 sec. East
27.81 feet along the edge of said storage shed and along the high water mark
of said canal or creek to an iron pipe; running thence North 14•deg. 09.sec:
West 15.49 feet along the edge of said storage abed and aline the
hisituatgh
iwater
mark of said canal or creek to an iron pipe , said iron pipe
mouth of said canal or creek 13ere
secedEastme n66r00cfeetts italong the h the nhigh swater
running thence North 86 deg. a running thence North 83 deg.'
mark of the said Roanoke Sound to an iron pip
59 sec. East 75.27 feet along the high water mark of the said Roanoke Sound
to an iron pipe; running thence South 57 deg. 11 sec. East 112.55 feet along
the high water mark of the said Roanoke Sound to an iron pipe situate in the
North margin or right-of-way of U.S. Highway 264-64, said iron pipe being
situate 98.00 feet South 70 deg. 30 sec. West from the Western end of the
seway
"short bridge" on the Nags
from said Head Causeway oirontpipe, and ing the Nags
l along dtheuNorth
to Pond Island; runningst
margin or right-of-way of esaidghway iron _ pipe6beingtthe0point anddeg. 30 splaceeofI
383.16 feet to an iron pipe,
beginning.
Reference is expressly made to that certain map or plat of said property
recorded in Plat Cabinet,B, Slide 306, Dare County Public Registry, entitled
"Physical Survey of Property for M. Warren and wife, Sara H. Jones, Nags Head
Township, Dare County, North Carolina", surveyed February 23, 1985 by Willias
S. Jones, Registered Land Surveyor, and said map or plat is incorporated
herein by reference for a more particular description of the property herein'
conveyed.
.. _:.1"I.�, 1.1. -. I...,-...... ... _. . . . . . ._. .. .. ... .

9 '
NORTH CAROLINA, County of A[ 6 2 S> g 0 0 4 0 RECEIVED
1 APR 8 19ra•Notary Public, do hereby
certify that
personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal or stamp, this day o1 .19
My.Commission expires: Notary Public .
NORTH CAROLINA. County of
1 a Notary Public, do hereby
certify that
personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal or stamp, this day of .19
My Commission expires: Notary Public
NORTH, CAR0 INA, ounty of { a Notary Public, do certify that
��CCa
�t`T•.,� Violet M. Kellamy personally appeared before me
ck a 4'117 t he is the Secretary of ,Kellam -France, Inc. , a North Carolina
�r th3ibyauthority duly given and asthe act oftheCorporation, the foregoing instrument was signed
i d pamebT its = President, Morgan M. France, Jr. , sealed with Its Corporate
S pU"I%Geiz
self as its Secretary.
ESS nd and official seal or stamp, this I day of Hay Syr , 1989
-Ira
N`CO"A.44res: 5. � Notary Public
�xnna
NORTH CAROLINA, County of
I , a Notary Public, do certify that
personally appeared before me
and acknowledged that he is the Secretary of
a Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed
in its name by its President, sealed with its Corporate
Seal, and attested by himself as its Secretary.
WITNESS my hand and official seal or stamp, this day of , 19
My Commission expires:
NORTH CAROLINA, County of
The foregoing or annexed certificate of
Public
I,I
Notary(ies) Public is (are) certified to be correct. This instrument was presented for registration and recorded in this
office at Book S� P�agga
This—)?--,:- day of �r-1 b 19 At , a`S o clock �! M.
9� Register
of Deeds
BY: f�1S�f'fb.� ��-0-n l z)ca
07z, -- Register of Deeds
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-- _._,K625rs0035
e� y n1011he Nole"In thofaithful parforrrulxa
payment thereof bytM Bendoery. Na eucn demand Snell ho made unless end until hero has been • delautt in the Isayreo
• deny oflho covenants, egreements,termaendprovisions of Ibis Deed olTrust.Unlil such a, ix mode, the Grenlr is euthori:ed la collenraontinue collecting
such refit, issues, polio, revenues. royahies, rights and benefits; provided, however, the Grantor shell rot collect any rents fore Than two momhs in advanw
without the prior wrinan consent Of the Beneficiary., norm and comply with all the terms, provisions, povetunb, asnditbna and
(b) The Grantor covenants and agrees: (il that it will Promptly end lolly keep, pe
• 0111 it*
r refrainagr"nts im doing anything. lire eddydot or om titian o"whkh de give any ),,dole eight to terminate eery oiflthe Tenalnts' Lsas�ea.mitanlMing tabs lions. Dram
he B
(c) B the Grantor shall. in airy manor, fail in any of the above covanenthe Grantor in
orlorrnence M r comy mpliance with t shall Me anyoftit Gigated tnmw's take any tsar
Benefkierydeems neceasery r desfable to prevent or cure any deleull by the Grantor in the pe
expand such sums d money ss the
obliga2016
tions under anyolthe T oru�si- Losses. The rada in "der preventor
cure any such ldefault by tto enter he Grantor. The Beneficiaryrty to such tmay expo as en ee the Beneficiary, in its
deems necessary y
Sonefilon, deems necesseryfr any such purpose.The Grantorhereby agrees to peytothe Beneficiary, immediately upndertu i •by the
Benefkiery in its ode diuntiort,
expanded by the Beneficiary. together with interest thereon Iron rite dale of each auch will
h the rote iar provided for in the Note. All sums eo expanded notice
the
Benefkiery, and the interest hereon. shall be secured try this Dead of Trust. The Grant" vnll give Ina Beneficiary immediate folks by cmnllied rnall deny n,otke o/
default Or who@ of WMSISgolt received from any tenant. n thereof, the entire unpaid balance of the Nine Shelf, at the Option d the
Section 9. CONDEMNATION. Upon the condemnation of the property or any Da
Benelkiary,atonce become dueandpayabl�. Anyewerdpaidlr such tekinpiahereby assigned lathe Beneficiary to further aeculyi,in hole win s due
uinerthSduc e.
The Benefkery le hereby autl{oriaad and empowered (but not required) to collect and receive such award and b emhri:ed to appNn fnwhole rfn pen fit reductional
the
hatithe,
eptstotong debt
secured by maturing Deedof eaorust, ewthstanc Grantor agrees to execute such further assignmeling the fact that the debt may not then nts or andue ry etch eweds asthe Beneficiary re11316- An yufprae!
Section 10. SALE OR TRANSFER OF PROPERTY. If the Property is Sold, further encumbered r otherwise transferred W Grantor )including without'
able without to to the date of maturity of the obligetbntopeyeny, such wm;
limietinbyweyol nranpege, deeddtrust.rdeoleretian of Vust)withoullhe Beneficiary'spriorWritten consent. the Bortafkieryet its option mayededers the e
sum" redbythisDeedafTrustwithinterestthereonlobaimmodialelydueandpay
rmit the assi
providhereby on such terms and
ed, howevekra'hei h�0 wirttrryitfmilwain this e on, en Increase in the interest ale ht of acteleration andcharged under the Nre, and the payment of Secured
ism ydeeappropriate.
r or entities riot
the Gn era, specificallybecome or in the aggregate, of 60%at
the Owning
on t a date hereof. sin ly or in he 99fie sto- 50% Or of the wing sheres of such Geeit tit; Grano the tenr is 0 ted" rgN the Grantor al partnership. any change In
pe cans
more
onthedate horeo/, shay w g
more of such wring snares. Shall ho deemed a sale of the Property for the purposes of 1'« Seaton;he purposes of ih'S Section; prwided,norhr a general
al thongs ^n paneal
general partnership ImereatU) in the Grantor shell ca deemed a sale of the Property --AV'^VPeemhe deafol" the shareharynoticenyeeniliedrnell0failysale,
est ( der the Grantor
a cares occasioned bya "Is , descent or operation of law upon the death of a shareholder or a general partner, aslhe Dose
olv
Maybe , shall constitute a sale or me rrepany, •••-.-•.------ --
furaherencumbrartcaortransfer ofthe Properry, as contemplated by thisSenion,within days eat
Section 11. SECURITY AGREEMENT.
(a) This Deed of Trust shell constitute a security agreement withrespentoell Collateral ofthe Grantor now owned or utityInterest requiredendbceted uponthe
erg, sprinkler end water
ProPe ry and used in the operation and maintenance of the Improvements.The Grantor herabyprenls to lha BenefieieryeSoeuriry &ppIi,the Collateral
IudI mg,
without limitation, all boilers, all hooting air conditioning end wnrilalincllmrhentcalend hydreu cconts and systems lmlpon 'components and systems and ell appliancesllnclWing stows•
components and systems, all carpets, wallcoverings, screens and drapes, appliances) located anent used in connection with the operatbnr
ranges, refrigerators, disposals, di shwashors, washers end dryers, trash compactors end similar opp
maintenance of the Improvamenls.
(b) With respect to those items of the Collateral which are orate to became fixtures related to the PropeM. this Deed of Trust shall constitute a financing
statement filed as a tidure filing. The lien upon fixtures granted herein and perfected
�hereby shallbeinadditionto and not in lieu al any lien upon fixtures acquired
under real property few.• John G Wo iC11C p men mail regi Bred cpnified mall, postage
Section 12.NOTICES. All nitrices. ceniscatesendotnercommunicaY s 'our
e r ellbe em gn'e0 �] °j 4e f•
prepaid. return receipt requested, addressed as follows: it to the Bank, to
P. 0. Box 998, Manteo, NC 27954
if to the Trustee. to W. RayWhite, Vice President P. 0. Box 998 Manteo NC 27954
it to the Grantor. to
NaRs Head,
The Grantor.
III Trustee and the Bank may. by written notice given hereunder. designate a different address where communications should be sent.
Section 13. MISCELLANEOUS.of (a) In the event of the subsequent pessape of any law of the Stele or North Caroline deducting fromthethereby,
for state
teOf lral purposes or the manner
o ten
thereon, or amending in any way the laws now in force for the taxation of deeds of trust or debts secured thereby, for stele or local purposes r the manner of the
collection of any such texas ao as to affect the interest of the Beneliciary, the whole sum secured by this instrument with interest thereon, et the option of the
Benefkiery. shall immediately become due. payable and collectible without notice to any parry.
ereof
(b)Nodelay«lorebearance bythe Beneficiary in exercising anyor allot its rights hereunder frights of any subsequent
fryfawshaeoperateasa event
r to protect the title of the Trustee
r preclude the exercise thereof during the continuance of any delautr as sat lonh herein or in the event of any subsequent default hereunder. In the event lhml e
Beneliciary r the Trustee voluntarily r otherwise shall become a Parry to any suit or legal proceeding to protect the Property all
reasonaby betcoas charges Trust. the Trustee and the
anomey's fees incurred b anysucheneficiary esluit r proceeding. These amoSaved harmless a M luns together with by
on the a mounts at rota efohiin the
Note shall be secured by this Deed of Trust and their payment enforced as if they were a pan of the original debt.
(e) It is specifically agreed that the Parties hereto shall in no event be deemed to have contracted toe a greater rate of interest It maximum rate permitted fry
law. Should a greater amount be collected, it shell be construed as a mutual mistake of the Ponies and rho excess shall be returned to the parry, making such
payment.
(it) The Beneficiary shell at any time haw the irrevocable right to remove the Trustee herein named without notice or "us
instrument to appoint his successor an
instrument in writing, duly acknowledged, in such form es to entitle such written instrument to record In North Caroline,ln the event of death "mod with
r resipnetiothe title
nolthe
to the Prherein
opertyend shallthe
possess ell theshall
we sv duties end oblie the right to g��ions herein conferrrred on thessor by iTruetee in the same manna and tTruslee So o th1nted shall e same extent as th ugh barters
named herein as Trustee.
le)All the terms and conditions of the Commitment.flany, uponwhich theloan herebysecured isprediceted•anda loan agreement. ilany, pursuant lowhichthe
obligellons secured hereby are incurred, are incorporated by this reference and made a pan hereof,
Ina covenants, terms end conditions herein conleined shell bind, ant rite benefits and powers zhali inure to, thtP e respective heirs, executors, 'DI
dminisfrattrrs,
eft
.suc'paad" a andassigns ofthe ponies hereto.Whenever used herein.the singular number shallinclude the pluralthe oft S the singular, II tvety more ponies have
lore6oiny any Gtantr whalrecura aneh0eed of Trulsl bulwho«does natleserutItha Nora hereby sectored has e..culed the Deed of Trust nN btsublactnwhatewr
' U�le((as{such Gradtor hasor may herealiY Kaye in the PropegrtYandlmpra whether b he lieatoolnhaf Dew olo,nuesnt.vTsalerm "Bette/iciery''shallincludeanypayee of
,lyelpdehledneSo hereby secured end en Iransloree r essi nee thereof, V ape
MM WETNESS vN1EBEOF, me Grantor has caused this Deed of !rust to be executed under seal the day and year first above written.
1
KELLAM-FRANCE, INC.
(NAME OF CORPORATIONI /J
Attest: / By. '•ls/—
_,L. Morgan FranPrescair�
Violet M. Keae
�lamty
rate
snl;,+.*j•'. ICORPORATE SPALI
C.L. 1100 (0/84)
(SEAL)
(SEAL)
(SEAL)
(SEAL)

4.625Pc103a
. Such ta treat a parcel of land together with all structum, buildings and other Improvements (hereinafter ullsd the'kWOvwrisms") located liberaon being
ha oinaftw called the "Property."
TOGETHER WITH all lielura, equipment and other assess m personal prapenk• raw owrtsd by the Gnmw end located M ar Soon Ind Property, w basil
• a,quredsndlouledtheraon and usadin connectionwith theoperatlon ardmeimarunceafth*kTkP anemashwtathae (hwelnaftwcalledttw'Coltstsref},
TO HAVE AND TO HOLD the Prop" and Collateral. with all the rights, Privileges. Vice appurtenances llareunto belonging or to Ds Thaw
TO
heirs. Succession and assigns, in fea simple forever, upon the trusts and fa the uses and purposes Iereinaftw am out
wised of the Prop;rty to lea and hesther;ght toconvey the unrs Inloosimplo; thin an this Is merkateblo d'
And the Grant" covenanlawith the Trustee that it is
... and defend the t
free and War of all encumbrances; and that it will warrant
to the Property apelnattM lawful deimtm Oil persona wlnmecevw exceptforthe,
( axospaloria hereinafter Ststnd:
{
I
THIS COW
and renewals w
Beneficiary, loge
void and may be
section 1.1
IS)
TheThe C T
(c) The a
(d) The a
(a) The C
additional t
(D The G
19) Defm
hereby sec
del'weryoll
h
Section Y. RI
(a) The Bar
shall become
jb) On the
payable, the 1
auction for Ca
Uponsuch
requirethe St
the bid, prover
CE IS MADE UPON THIS SPECIALTRUST. that it the Grants shell paythe Note in accordance with Worms, togmhwwhh imau weathn, and
talons thereof in whole w in part shall pay all sums advanced hereunder to protect the Security of this Deed of Trust Or the rights of the
uith Interest thereon, and shall complywfth all the covenants, terms andlnndihona of this Dead ofTrust then thiscartvayenceshall be nulland
ailed of record at the request end at the cost of the Grantor.
ITS OR DEFAULT. The occurrence of any one w mere of me following events stall cunsthute an Event or Default hereunder.
x s failure to pay when due the principal of and Interest on the Here;
is breach of any of the terms• condihona a cowl contained in this Deed of Trust;
or threatened demolition, Injury w waste to the Propeny which may impair M value;
cement of a receiver for, or the filing of a petition of bankruptcy by « against. the Grantor:
x f default in or breech ofany of the terms, conditions, covenants a agreements contained In any separm assignment of leases given
icy Iva the ban;
is default under the terms of any Instrument to which this Dead of Trust is subordinate
w which is cbordnata to this Deed rust; and
the Grantor in keeping, parforming or observing any term, uverant agreement or condition of the Canmitrnem, H any. upon which the loan
vest predicated, or default by the Grantor under any aoperate ban agreement brother agreement eaecmed cone unrentlYwdihtheesecu ion and
eed of Trust. including• without limitation. anyagreemenl containing provisions relating to the rights of the Gramorto wal"firluro advances
•eery, the repayment of which is intended to be Secured by this Deed of Truss
EDIES UPON DEFAULT. Upon the occurrence of an event of Defaum. the BenagclaryandTrUstes shell hew the followirgrlghtssndramWiu:
ciery shell have the light. at Its option, to declare ell amounts payable underthe Note to be Immediatelydue and payable, whereupon the same
mediately due and payable• regardless of the maturity date thereof
Acation of the Beneficiary• it the Beneficiary shall hew declared the outstanding principal balance of the Nato
to
ollImmediately
y. due and
stee shall be obligated, and is hereby authorized and empowered. tp expose to Sale and wit the Property
and theblic
alter first having complied with all then applicable requirements of Nosh Caroline low.
_.._._.._.__.. ,irehaser in fee simple. The Beneficiary shall how the rghttobid atamywle thereunder. ThaTMOMMry
idderat
olsuch
tee may
to be the Pulctrewr. Such aepael
I
applied to the purchase price. II Collateral is Sold hereunear. it need not be at the place of se e.
where the Collateral may be inspected prior to sale.
In the event a proceeding to exercise the power o(wlacontained herein is begun but notcomDl
�eG� 911Qendapanielcommissioncomputedasfollows:one-fourth al the here inaher-speciliedcommim
and a able commesse and one-half of the hereinafter -specified commission after the issuance of suel
the Beneficiary on behaIf of the Grantor but. in any ewnL shall be Secured by this Dead m TM
The foregoing shall in no way be construed to limit the powers of sale or restrict the discrelf
�(T Chapter 45 of the General Statutes of North Carolina, as the Same may be from time to time a men
C of the Trustee now or hereafter provided herein or by statute or otherwise shall be cumulative en
and remedy. The exercise or beginning of the exercise by the Trustee of any one or more of such rin
or later exercise of any or all such other rights, powers and remedies.
(c) The Beneficiary shall have the right to collect rents, issues, profits and revenues accord;,
(d) R the Grantor and the Beneficiary hew contemporaneously entered into a building ban
containing remedies exercisable by the Beneficiary upon the occurrence of an event of default it,
rights and remedies as are contained in such separate agreement. The Beneficiary shall haw it
orollis from the Progeny without consideration of the value of the Property or the wWencYol on
or it mere should be a sale of the Pn
shall become a tenant at will of the
II be refunded in caw a resale is had; otherwise, it shall be
tublished notice, however, shot] state the time and plan
the Grantar &ball payall expenses incurred bytheTrustse
her to the Trustee's issuartoe of a police of hearing on the
co. Such expenses end partial commission maybe peidht•
Each
Iweelosure, as provided above, the Grento
w of the purchaser and may be removed by
inadditionto
the terms of Section 0 ice men
emnn ri any ocher agreement eO any other ercies such
dap tlentMint Beneficiary of shellbeemittedto Merciessuch
Itnlthe ep fair the
pay a tof the
to collect the rents and
IonherecIcethe payment ofthe if
sthen owing. lThe
IS the reosiver could hew Bone. II such reviver tenant be
ra any parson In(nLsumbam the memairrroperty. astenantcal
s writ m eiactment. summery ejectment a dear lawful
paY. nnm costs ants e.w„........,u..",e ,••- •.-••__ _ __.......__._. _.. _. _ -..
actually performed, and reasonable auctioneer's lees if such expenses haw been incurred and anyother expenses wadvances made Of i
the rights of the Trustee or in the pursuit of any remedy hereunder; wand. to taxes end assessments due and unpaid. If the Trustee deems it epproprleta Iodo w;
third, to the payment of any indebtedness (including principal and interest on the Note) secured by this Deedo(Trusn and fourth, the balance. B any, to the perskew
persons entitled thereto.
Section 4. PAYMENT OF AMOUNTS DUE UNDER THE NOTE. The Grantor covenants and agrees that !twill paywhen due the principal and Interest on the
Note.
SectionIs.ra PAYMENTOFTA%ES, ASSESSMENTS AND OTHER AMOUNTS; MAINTENANCE
es INSURANCE.
[a) The Grantorcovenants
may h and agrees that it will pay when due. all taxes. assessments. levies and chargesupon a against the Property, atawry chertiary on this
are now due or which may hereafter become liens yt a Properly. including all toes assessed taxes
North Caroline against the Trustee or the Beneficiary ex ead I
instrument or the sum hereby secured or evidenced bythe Note, provided the emounlol such taller axes with the interest on the sum herebysecured does netexceed
the maximum contract rate permitted by law, but if it does, the excess to be paid by the Beneficiary, and immediately deliver lothe Beneficiary official recaiptstherefa.
The Beneficiary may, at its option, pay any such taxes, assessments, levies, or charges against the Property, and the official receipts therefor shall be conclusive
evidence of payment, the amount due and validity thereof. Any amounts So expended shall immediately become debts due by the Grantor payable on demand, Shall
bear interest at the rate specified in the Nate secured hereby he and their payment shall secured by this Deed of Trust.
(b) The Grantor covenants and agrees that it will keep the Improvements now" hereafter on the Property insured against loss and damage by fire. tornado and
windstorm, and against such other hazards as the Beneficiary may require, including business interruption (it requiredby the Beneficiary) in amounts saisfanorylo
the Beneficiary• plus an amount sufficient to prevent any Co. insurance liability of the owner of the Property or the Beneficiary, fa the benefit of the Beneficiary, Ion. it
any, to be made payable in the policyor policies of insurance to the Beneficierya5 its interest may appear, the loss payable clausasto be In such form aslhe Beneficiary
may require. All insurance shall be in companies approved by to Beneficiary and the policies and renewals thereof shall• when issued, be Immediately delivered to
the Beneficiary to be held by it. The Grantor will pay all premiums for such insurance when due and immediatelydeliver lothe Beneficiary official receipts therefor. In
the event of loss, the Grantor will give immediate notice by moil to the Beneficiary, who may make proof of loss it not made promptly by the Grantor. Each insurance
company concerned is here by authorized and directed to make payment of such loss directly to the Beneficiary, Instead of to the Grantor and the BeneficiaryjMary.
The proceeds of any insurance, or any pan Ihereol, may be applied by the Beneficiary, at its option, antler to the reduction of tho Indebtedness hereby secured a lathe
restoration or repair of the property damaged. If the Grantor fails or refuses to keep Ilse Property so insured, the
h Beef iciarn mmay
obtain
premiums.and
off c al rece'Ipt u
prejudice to its right to foreclose hereunder by reason of such default. The Beneficiary may, at its option, pay y
such payment shall he conclusive evidence el the payment• the amount due and the validitythereol.Any amounts w expended shall immedietetybetome debtsdue
by the Grantor, shall bear interest at the rate specified in the Note secured hereby, and their payment shall be secured by this Deed of Trust.
(el II required by the Benoliciary. the Grantor agrees thnl in addition to payments of principal and interest called for bythe Note, the Grantor shall Payon the first
day of each month, or on the due dole of monthly peymenta of principal, to the Beneficiary or to its duly authorized agent a sum equal to one•twelflh of the knows w
estimated joy the Beneficiary) yearly lases, assessments and Insurance premiums on a against the Property. The Beneficiary shall he under no obligation to paY
(stereo" on such Daymenls. The Benoliciary shell hold end applysuch payment lathe payment of taxes, assessments and insurance pram
the total of such monthly Daymenls shall exceed the amount needed, the excess shall be held la luture needs; but, should such monthly pa
provide sufficient funds la pay te..a, assessments and insurance premiums when due, then the Grantor shall, upon written demand, pay Sol
days of receipt of such demand the amount necessary loeovel the deficiency. When the Grantor shall ;love paid the Note, the Benefieiarya
any excess funds a<cumulaled hereunder. to the event al a foreclosure sale of the Property, the Beneficiary may apply any balance
eccumulaind tar the abase purposes to the Dayment of the Note.
Section I MAINTENANCE OF THE PR OPERTy The Grantor covenants and agrees that hwill not commit or permit anywaste felt
the Property in as good order• repair, and condition as it is now, reasonable wear and lea r excepted. The Beneficiaryshall haw the right to I
reasonable times, and access thereto shall be permitted for that purpose to it or its authorized agents.
Section 7. ANNUAL STATEMENTS. The Grantor covenants and agrees that it will furnish to the Beneficiary without cast to the E
statement• in form and certi(iod in a manner satisfactory to the Beneficiary, setting forth all Income and expenses derived or Incurred I
Grantors business conducted on the Property and the operation of any Improvements situate thereon within ninoly(BO) days from the an
year of such operations. and (b) within ninety 190) days of the and of each fiscal year the financial statements (In form and certified in a a
Beneficiary) of the Grantor, and each of the guarantors or endorsers, II any, of the indebtedness hereby secured.
Section S. ASSIGNMENT OF RENTS. LEASES AND PROFITS.
(al As lusher security for the payment of the Nate and for the faithful performance of all the covenants, agreements, terms andprovielon
Grantor hereby sells, lrenslas and assigns unto the Benoliciaryell the Grantor's right, title and Interest In and to the rents, Issues, profits, r
and benefits from the Property. To that and, the Grantor hereby assigns and sets over unlathe Beneficiaryall leases of allot a pan o1 the Pro{
or delivered, whettler written or verbal, or to be hereafter made, whether written or verbal (hereinafter referred to Individually and collectm
Ijbe Grantor hereby authorizes and omPowera the Beneficiary to collect thew rents, issues, profits, revenues, royalties, rights end benefits
end hereby directs each and all of the to nonls of the Propony to pay such rents, as may now be due or shell hereafter became due• to the Ben
the
of this Deed
aficiary, upon demand Or

,. @K625PP0037
:Daniel D. Khoury, Attorney at Law, Daniel D. Khoury, Attorney at Law,
"
Prepared By: kill Devil H1lle N.l_?7-9.48 Mail To: Kill Devil Halle. NC 27948
STATE OF NORTH CAROLINA P: F8042.16 1 t RMINVED
COUNTY OF DARE
DEED OF TRUST AND SECURITY AGREEMENT APR a 1996
(PERMANENT LOAN)
(COLLATERAL IS OR NCLUDES FIXTURES)
THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Deed of Trust"), made and entered Into this let
day of May f9 89 ,by and between KELLAN-FRANCE INC. a North Carolina corporation'
whose address is
Post Office Box 686 Nags Head, NC 27959
(hereinafter called the whether one or more in number, a corporation, partnership, or an individual), and
W. Ray White of Dare County, NC ,as Trustee
eiICI
(hereinafter called the "Trustee"), and THE PLANTERS NATIONAL BANK AND TRUST COMPANY, a national banking association
organized and existing under the laws of the United States, whose principal office address is 131 North Church Street. Rocky Mount,
North Carolina, 27801 (hereinafter called the "Beneficiary'); Two Hundred Eighty -Five Thousand
WITNESSETH, WHEREAS, the Grantor is Indebted to the Beneficiary in the sum of
and No/ 100ths----- -----_ Dollars is 285, 000.00 ), as evidenced by its note dated
May 1 19 89 (hereinafter called the "Note"), the terms of which are incorporated herein by
reference and the final date for payment of which, if not sooner paid, is May 1 + 19 92
AND WHER EAS, the Grantor desires to secure the payment of the Note with interest, the payment of all other sums, with interest
thereon, advanced in accordance herewith to protect the security of this Deed of Trust or to protect the rights of the Beneficiary
hereunder and to secure the performance of the covenants and agreements of the Grantor contained herein, by a conveyance of the
lands and a grant of the security interests hereinafter described;
NOW, THEREFORE, in consideration of the premises and for the purposes aforesaid, and in further consideration of the sum of
One Dollar($1) paid to the Grantor by the Trustee, receipt of which is hereby acknowledged,
the
Grantor
has
onvey ogiven,
granted,
bargained,
sold and conveyed, and by these presents does give. g agaen
stee, his
heirs, successors and assigns the following described lot, tract or parcel of land lying and being in Nags Head
Township, Dare County, State of North Carolina, and more particularly described as follows:
(Description)
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
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