73-96 Rosell, Marjean

Permit Class
Permit Number
NEW
STATE
Department of Env
Issued to
authorizing development in Dare
S/D Frisco . as requested in the permittee's
drawings, 2 dated 2/28/96
This permit, issued on :F 3 11 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.
Breakwater
1) The breakwater alignment shall closely follow the shoreline contour, except that in the eroded pocket
just north of the salt marsh cordgrass, the riprap may extend further, not to exceed seven feet.
2) The width of the breakwater shall not exceed six feet and the height shall not exceed one foot above
the normal water level.
3) Filter cloth shall be placed underneath the riprap material to prevent additional bottom disturbance
due to settling.
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.
�o Roge . Schecter, Director
Division 6T Coastal Management
permit and its conditionsAe hereby accepted.

Marjean Rosell' Permit #73-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) All riprap material must be free o ose dirt or any other pollutant, except in trace quantities.
The riprap must be of suffi t s* e to prevent its movement from the site by wave or current
action. /
Wkh5a&,
5) The 72' low water bulkhead shall not exten'04-vp{age of two feet waterward of the normal
water level, except that in the eroded po ket'ju0kU o e black needlerush, the bulkhead may
extend further, not to exceed seven feet w f;C as tt rmal water level.
v
General
6) ' The alignment of the proposed low water bulkhead and breakwater must be staked by a
representative of the Division of Coastal Management (DCM) within a maximum of thirty days
prior to the start of construction. Failure to initiate construction within thirty days, or erosion of
the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM
within a maximum of thirty days prior to the new expected start of construction.
7) No fill material shall be placed behind the permitted bulkhead or riprap.
8) No vegetated wetlands will be excavated or filled.
9) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
NOTE: The permittee will maintain the work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if
she abandons the permitted activity without having transferred it to a third party.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id.
No. 199601463.

Permit Class
Permit Number
NEW
STATE OF=NORTH CAROLINA
Department of Environment, alth'& Natural Resources
M1M1TyT" I -
% Major Developineat iir -an 'Area of-Enviionmental Concern
pursuant to NCG ' 113A=F1'18_'"= . ,<
X ' Excavation and/or fill g pursuant to NCGS 113-229
Issued to Mnriean Rnceli}P n Box 514, Huxtory N(7 27920
authorizing development in bare County at canal off ofPamlirn Sound I.nt 214Brigands Ray
S/D- Frisco , as requested in the permittee's application dated 2/12/96 including attached workman
drawings 2 dated 2/28/96
This permit, issued on ?/3�9G 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.
Breakwater
1) The breakwater alignment shall closely follow the shoreline contour, except that in the eroded pocket
just north of the salt marsh cordgrass, the riprap may extend further, not to exceed seven feet.
2) The width of the breakwater shall not exceed six feet and the height shall not exceed one foot above
the normal water level.
3) Filter cloth shall be placed underneath the riprap material to prevent additional bottom disturbance
due to settling.
attached sheet for
This permit action may be appealed by the pemrittee 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.
/e' ,- Roger checter, Director
Division 6T Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Marjean Rosell Permit #73-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) All riprap material must be free of loose dirt or any other pollutant, except in trace quantities.
The riprap must be of sufficient size to prevent its movement from the site by wave or current
action.
Bulkhead
5) The 72' low water bulkhead shall not extend an average of two feet waterward of the normal
water level, except that in the eroded pocket just south of the black needlerush, the bulkhead may
extend further, not to exceed seven feet waterward of the normal water level.
General
6) The alignment of the proposed low water bulkhead and breakwater must be staked by a
representative of the Division of Coastal Management (DCM) within a maximum of thirty days
prior to the start of construction. Failure to initiate construction within thirty days, or erosion of
the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM
within a maximum of thirty days prior to the new expected start of construction.
7) No fill material shall be placed behind the permitted bulkhead or riprap.
8) No vegetated wetlands will be excavated or filled.
9) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
NOTE: The permittee will maintain the work in good condition and in conformance with the
terms and conditions of this permit. The permittee.is not relieved of this requirement if
she abandons the permitted activity without having transferred it to a third party.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id.
No. 199601463.

Permit Class
Permit Number
NEW
STATE
Department of Env
X Major Developinei
pursuant to NCGS
X Excavation and/or
Concern
t?UAM `:tv y4h,.
9 Du suarit to NCGS 113-229
Issued to Marienn Rncell, P n Box 513,Bttxtan, NC 21970
authorizing development in Tare County at ... nsl off nfPs lien Snund,j,nt?14 Brigands Ray
SID, Frisco as requested in the permittee's application dated ? n oi96 including attached, workman
drawings. ? dated 2/206,
This permit issued on/3�iC is subject to compliance with the application (where consistent
with the permit), all applicabhgulations, special conditions and notes set forth below. Any violation of these terms may
he subiect to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Breakwater
1) The breakwater alignment shall closely follow the shoreline contour, except that in the eroded pocket
just north of the salt marsh cordgrass, the riprap may extend further, not to exceed seven feet.
2) The width of the breakwater shall not exceed six feet and the height shall not exceed one foot above
the normal water level.
3) Filter cloth shall be placed underneath the riprap material to prevent additional bottom disturbance
due to settling.
attached sheet for
This pemutaction may be appealed by the petmittee 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.
Roge . checter, Director
Division 6T Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Marjean Rosell Permit #73-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) All riprap material must be free of loose dirt or any other pollutant, except in trace quantities.
The riprap must be of sufficient size to prevent its movement from the site by wave or current
action.
Bulkhead
5) The 72' low water bulkhead shall not extend an average of two feet waterward of the normal
water level, except that in the eroded pocket just south of the black needlerush, the bulkhead may
extend further, not to exceed seven feet waterward of the normal water level.
General
6) The alignment of the proposed low water bulkhead and breakwater must be staked by a
representative of the Division of Coastal Management (DCM) within a maximum of thirty days
prior to the start of construction. Failure to initiate construction within thirty days, or erosion of
the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM
within a maximum of thirty days prior to the new expected start of construction.
7) No fill material shall be placed behind the permitted bulkhead or riprap.
8) No vegetated wetlands will be excavated or filled.
9) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
NOTE: The peiniittee will maintain the work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if
she abandons the permitted activity without having transferred it to a third party.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id.
No. 199601463.

Form DCM-MP-1
i/ 1. APPLICANT
a. Landowner:
Name M2.K4
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
c. Street address or secondary road number \
trot �3y Cu_�ta\w5
d. Is proposed work within city limits or pl 'ng
jurisdiction? ` Yes 0 No 7oa
Address �'U 0 ; )1 .>
e. Name of body of water nearest project (e.g. river,
City State �\ C creek, sound, bay) ae l
Zip ? Day Phone 9 \C1 ':�C15 g2-YD
Fax 9 \ C1 9 9 5 16, 7? � 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
c. Project name (if any)
NOTE. Perndr %dU be iraaed in Mme of 1anda (s), and/or
project name.
✓ 2. LOCATION OF PROPOSED
PROJECT
a. County L
Revised 03/95
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
b. Is the proposed activity maintenance of an existing
project, new work, or both? V a-m-) yo
c. Will the project be for ublic, private or commercial
use?
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.
`rr7 ri i� \T a. YI a \\n 2.

Form DCM-MP-1
V 4. LAND AND RATER
CHARACTERISTICS
a. Size of entire tract Lo. 9 ' ' 3 5 G r
b. Size of individual lot(s) (9 9 23 5G -FAT
c. Approximate elevation of tract above or
NWL `( r, I , .� rPXRW
d. Soil type(s) and texture(s) of tract
5'.4, 61
e. Vegetation on tract
f. Man-made fe`a,t_}+�1res now on tract ram( is
g. What is the CAMA Land Use Plan land
classification of the site? ( mutt the local land use plan.)
J�%ti / S W GT7-
onservation Transitional
Y-� Developed Community
Rural Other
h. How is the tract zoned by local government?
SI
i. Is the proposed project consistent with the applicable
zoning? < Yes No
(Mach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes 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 �— No
1. Are there wetlands on the site? x Yes —No
Coastal (marsh) X Other
If yes, has a delineation been conducted? L
(Attach docutnevation, if available)
m. Describe existing wastewater treatment facilities.
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.)
� \byz_
o. Describe existing drinking water supply source.
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 03195

Form DCM-MP-1
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
Address
Phone
Name
Address
Phone
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.
• 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.
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 VD- day of P_1. , 19 c1 �.
Print Name M 2 Phq��pSe��7�
Signature fA `rig-2 C
Landowner or A ' ed Agent
Please indicate attachments pertaining to your proposed
project.
_✓ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ 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 03l95

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock (Ar IPyr) breakwa er
Other
(Excluding
shoreline
stabilization)
lh yM 4tr. VA43
Average Final
F-*dng Project
lAwth Width Deoth Deoth
=f'_,.
IBMre.
..:
M—
-2-
11
3`
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated W-
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes _ No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? —Yes —No
If yes, where?
Revised 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3 SHORELINE STABILIZATION
a. Typeggf shoreline stabilization
X Bulkhead X Riprap
b. Length 1 2 51
c. Average distance waterward of MHW or NWL
Bvuctt==1' R,� lzalp= y 1
d. Maximum distance waterward of MHW or NWL
Wm-Pfn :..5 Ri>, Rp -L /'
e. Shoreline erosion during preceding 12 months
e t,
(Source ojinjormarion) o SP �CVt br
f. Type of bulkhead or riprap material
�if7TAlE 2iP ,hri F Li)Cmp �iRYNNJ-�
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap G V k i)s "Cord(-)
(2) Bulkhead backfill I.l01111-
h. Type of fill material Sgo 4 Tv P� SQL
i. Source of fill material ()i) «AA%
XOTHER FILL ACTIVITIES
cluding Shoreline Stabilization)
a. Will fill material be brought to site?
✓ Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fil area
(3) Purpose of fill — LL L741f
YW-A 776±4 /#15' o7JL�
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes _j�/_ No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled?
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr3ssed in transporting equipment
to project site? —Yes _�(, No
If yes, explain steps that will.be taken to lessen
environmental impacts.
MaK,1-. )3 1Cnse.�(
Applicant orWolect N
K
. � rx V` , O
Signature
Date
Revised 03195

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State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
ivy
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID FEE N F�
A. Preston Howard, Jr., P.E., Director
May 13, 1996
Dare County
DEM Project # 960287
COE #199601463
APPROVAL of 401 Rater Quality Certification
Mr. Marjean Rosell
P.O. Box 513
Buxton, NC 27920
Dear Mr. Rosell:
You have our approval to place fill material in 175 square feet of wetlands or waters for the
purpose of constructing a bulkhead and shoreline riprap at Lot 234, Captain's Court, Brigand's Bay
Subdivision, as you described in your application dated 21 March 1996. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
3025.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-
1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
Doug Huggett; DCM
wE O
Mh Cat 1996
10�6
9602871tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 500/6 recycled/10% post consumer paper

__ 1W
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:
FROM:
SUBJECT:
960287
March 20, 1996
Mr. A. Preston Howard, Director
Division of Environmental Management
John R. Parker, Jr.
Major Permits Processing Coordinator
,&ja
DEHNR
CAMA/DREDGE & FILL Permit Application Review
Applicant: Marjean B. Rosell
RECEIVED
WASHINGTON OFFICE
MAR 2 1 1996
D. E. M.
Project Location: Lot 234 Captain's Ct., Brigand's Bay, Frisco, Dare, Pamlico Sound
Proposed Project: Construct a 72' low water bulkhead and install 52' of rip rap.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 10, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
T 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 5'1 /n
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmative 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
IDEHNFR
March 28, 1996 ^ry�ti9 03�-12�4ss�
MEMORANDUM APR 199E o
ti
TO: Mr. Joe Henderson, Acting Director plePe%f cr
w
State Property Office
Department of Administration �o2st st
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Marjean Rosell
PROJECT LOCATION: Lot #234, Captsin's Court, Brigand's Bay S/D, Dare County.
PROPOSED PROJECT: To construct a bulkhead and install riprap to stop erosion.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 18, 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.
V 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
P.O. Box 27687, NO
FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 10% post -consumer paper

5LINA
ry
Ang:,certifica e of Rachel R.'Man]
Qcerxifidd!.to:be correct. This.
t a A'an ld,-j',t ime yin .the Bookand,�.Pz
,
d
Cat

NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as f011OWS:. ';i�`
,r `1 19. Acceleration; Remedies. Lender shall give notice to Borrower prioll acceleration following Borrower's
bread[ of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and'17 rt r
unless applicable,, law provides otherwise). The notice shall specify:,(a) the default; (b).the action required to cure the{
Yi +!yltw4ldefaulN,;(c) a date,.not less than 30 days from the date the notice is given to,Borrorver, by which the.default must be•cured,yh r na
It, • and;l(d)lthat failure to curethe default on or before the date specified in the notiee;mayrresult ta;acceleration of thePsumsto 41�4(
iccuredrby"this;`Secunty'I'strument and sale of the Property,AThe notice:shallifurtherytnform Borrower(ofj,the rlghtgtot
remstute`afteracceleration�and the,right to assert in the foreclosure proceeding the.non existence of a default or,a1.ny,other F
^defense of Borrower'to acceleration and sale. If the default is not cured on or before the date specified in the;nohce,ILenderl ( i
at its opttonrmay3regmretimmediate"paymenLin'fulI* of all sums;secured`by this"z5ecurtty�jnstrument withsutifurther ` �'
demand"and mayrinvoketh :-power'of sale and any other remedies`permdted'by appltcable;law Lender shalhbe entitled(to , i t19
.
colle1.cts-all expenses incur ed]im:pursuing:'the:remedies provided m thiswaragraphll9, mduding,3butignotevlimt d'ta
1 .1 °. ,,"creasonable'attornejrti es' • , d costs of title evidence. "' �':t.ixr°I,1 ,ii'�iiwtf+Cl �:,�sa`�it4 lk.'^' >,`6'''AY<
If,Lendedinvokes the power of sale, and if it is determined m a hearing held in'accordancewitii applicable law,that 6
Trustee can`proceed to sale; Trustee shall take such action regarding notice of sale'and shall.give':such notices to Borrower
4' aridifoother.persons as applicable law. may: require. After the time required by`,applicable lawland after publication
w iioticeiof'sale,.Trustee .without demand on Borrower, shall sell the Propertyeat public auctionito;the highest bidder at;thle
timeand" .place and under''the ':terms designated in the notice of sale m'one<orlmore,parcels[andJin any�"order�Triistee' ) �'
° +,{n,, 1+'v +y�,tr Ct we f,1 Ar 3^it rlVir W{e�hiN I.I
ydetermines. Lender or its designee may purchase the Property at any sale { }a Mt 1 (+� �(D'tr,9°,^ yf� lw l+r
,Trustee"shall deliver to the purchaser Trustees deed conveying the Property5without,any covenant orrwarfanty0
a aexpressed or implied: The recitals in the Trustees deed shall be prima facie evidence of,the.truth of the statements,ttiade ,
'therein.Trustee'shall apply the proceeds of the sale in the following order: ta) to,a1l expenses of the sale, mduding, bufjnot�t
limited to, Trustee's fees of ... .::....�`......% of the gross sale price; (b) to all sums secured by this Security Instrument, and rx kGr4
it{rk�l;erv�If9�(c)an excessto'the person or persons legally entitled to :y r'Nf'f `F r+^ " li$y4Yl
Lender. in Possession
Upon acceleration under paragraph 19 or abandonment of the Property, Lenderl(nkrif r 4,
`s ars ;.by agent !or by judicially appointed receiver). shall be entitled. to enter)upon; take'possesston of;and(manageithed r k
i° .'Person,
Property,and to collect the rents of the Property including those past due: Any`rents collected by Lend er'onthe,receiver r r4' +
rty'a
he costs of
of the Prope
coll
f'trgf�rn`s�h11 3�hmitedetoprece verlied ss fees,t to ayment of remiumston receiver's bonds and management
easonable attorneys feese and then',,to tthe sums secured byYtA,
ii$�yr.T'4.1'0'is Security Instrument. ',p
Sg�ad 7 iF �f f1.21. Release .Upon'payment of all sums secured by this Security. Instrument; Lender of rustee'shall cancellthts' ^grl.,';f
aSecunty;Instrumeni without charge to Borrower. If Trustee. is. requested to release this Security Instrument;iall'
Ky* e� evidenemg debt secured by,this'Security, Instrument shall be¢urrendered to Trustee tBorrowersha.. pay4any recordation r '�
Y a ,nr o
4costsit gil, ,Vra`tY y"t'�' t4}� fi,pQ J', .".fit ; - i
wQ22+Substitute Trustee„Lender may from time to time remove Trustee and'appomt a successor"trustee to,an 11xhi'� F
tTrustee'appointed:;hereunder by an instrument recorded in tithe county in which this Security Instrument is recordedi' ,s rf li
q a h Withoutconve ante of the Property, the successor trustee shall succeed to all the pile, power and duties con ferred,upon
Y P Y,
'(1�y�Trustee.herein and by applicable law.
" �ij kt; ib 23.`.Riders :a' this Security Instrument. If one or more Tiders are executed by Borrower. and recorded togetherwith, d tas` y
-Security Instrument,.the covenants and agreements of each such rider shall be incorporated into and shall
5,4,0upplement the covenants: and. agreements of this Se Instrument as if the riders) were a part of, , iiSecurit
Y „kl
d ' rti �Inst unient [Check applicable boz(es)] + ' a
❑(+Adjustable Rate. Rider' ❑ Condominium Rider' i' i' { r ` ❑ 2 4 Famil Rider+1ti
r Y%, ..
t i , ,d
+ © Graduated Pa ment Rider Planned Unit Development'Rider
r f i ,, , r 4 +•' V
x f Y Il,j
❑�Cither(s), [specify] � 1 1 ^,� p 1 , it,� r, '�V71 Ry 1Z✓ ''1 yin"
Af gt( t t
�f�3C1�ir4l'i11t i':
Re ,. .vn �,,,IS,BY SIGNING UNDER SE
BELOW, Borrower accepts and agrees to the terms and covenants contained'm [hisI`d,�;+�1•,'
I A
a iecurity,Instrument and m any riders) executed by Borrower recorded wi I 1 Ith} ,,o rat ttr i) tr
.N I,,itr Uri ff IS a
iA[��I�to`Mar'e B. Rosellr
t vi ! , d Borrowerjn i
,.i{
,k f'iY �rz ,) �P K,zi w�M1r 4n r
, Seal t"'ra1,rS�Y
t ,
Barrowe�
y QQ ro y tir r r r " il�ttD{ ! sr r `M+id.+�t'1l
'IC E A
[Space Below This Line For llcknowledgment]
YlIPQ'F Pll,' Ft.t��ntdr
Ill
lot I
� UxQ�39TATE OI' NOR1H!CAROLINA............ j n1. i ' *'t,vti! llrin'+lill'%'ri?if
nF t: ',31n,rrS,ll..{ SS: r ! t fs }-A1% r , '}
lr "{jd``COUNTY OF ..DARE ,
{
r filig{�Rachel R. Manley a Notary Pubic in and for said aounty,and state„do hereby art fy that�ij �$x{i
nv+� �+' tr`Mar3,ean .................
Roselu...... ............. ......... ,............ ,': personallY aPpcared ;7j fr:
4' el,�11' + � I beforejme and is (are) known or proved to me to be the person(s) who, being informed of the contents of the foregoing ms[rument, �54r€g a
S#,� P her free and voluntary act and'deed and that
l j v have executed same, and acknowledged said instrument to be Y 3r k ,1s wi
y dH i she ... executed said instrument for the purposes and uses, therelaset
,t l�., q i F�, ° ittir y ,f t ,,�L','�1rt •`•*ru
¢ �h an and officilal seal this.... Loth :.......... ......... day of e �tl'Jnly i i$
i lal ifAr
9r�itlP<WIInC55 Y i r ' $ lqT •t 19 „Zi ritrhl�
rt,4di ,f+„M1tl°y i�ifj'
�i yt^ d t' 14 ed' 5 i'rll
lily Commission Expires: I2-5-92 rrII C-{(�
G..
Notary Public
This instrument was prepared by ... yhristopher L. Seawel.l ... ...
44771
0.
.. ......-..._........ ..... ....„-.......�. ..r. t .a:m-n�.ne•.,,,;r ...yrs:rtap."__,v] s 1nrT. F. r ^'r.-s'

I ,
enderrequired'moitgage insurance as a•condition or,,making'th,
hall,paythe premiums'1required to maintain the insurance in effec
wininates in',accordance with Borrower's and Lender's written agrc
;nspection }„lendePor'its agent may make reasonable entries,ul
orrower,'notice'at'the time of or prior to an inspection specifying rei
condemnation.%4.Tke proceeds of any award or claim for'damagei
nnation mr other"taking of any part of the: Property, br for cony
dshall:be°patdao Lender �
he:eventof:aitotal taking of the Property, the proceeds shall be'i
whether;ortnot"then due, with any excess paid to Borrower. In
ower and'Lendenotherwise agree in writing, the sums,secured,by
;:jof the proceeds m Itiplsed by the following fraction: (a) the tot
akmg, divided by (b 'the ,fair market value of the Property immed',
rower `.,; n, ,,..,.., .. ;:;;:'��r'ry�e;.4kib+uH�fryv,�.t*N>.rxke
ie,Propertyis abandoned by Borrower, or if, after notice by Lender, to Borrowenthat the,condemnorF,o
vard or settle'a'claii 'for damages, Borrower fails to res}Sond to Lender:within'30:days aft r;the datethe!n
ier is authorized to collect and apply the proceeds, at it3 option, either toirestoration!or'repair of 4he Prop
1 secured by this Security Instrument, whether or not then due. ss,y; t
less Lender and Borrower otherwise agree in writing, any application of proceeds t. principal a all,, of ex
he due date of the monthly payments referred to in paragraphs 1 and 2'or'change the'amoun f of such`!`pa�
r$orrower:Not-Released; Forbearance By Lender Not a Waiver. +i,Extens�onrof thettime for payn
inlof amortization' of the. sums secured by this Security'Instrument ganted by. Lender to any,.' ""cce
t
Borrower shall not operate to release the liability of the original Borrower"or''Borrower's suit 'e rs;in is
r ',
all' not be'required to commence proceedings agains0any'successor r;n interesVortrefuseao; extend�ti
c'otherwise modify amortization of the sums secured by this Security Instrument by reason of any.deman
inal Borrower or Borrower's successors in interest. Any forbearance by Lenderin exercising any nghCor
{Ik'�,�tv�:.:�.
0 waiver of or preclude.the exercise of any right or remedy. S'i'e.' i r
Successors' and Assigns Bound; Joint and Several Liability;' Co=signers;-�The'covenants•aad;agreeir
ty Instrument shall bind and benefit the successors and assigns of Lender and'Borrower;'subject to.the'prc
Dh17. Borrower's covenants and agreements shall bejoint and several. -Any Borrower:who co-signs this,S
t but does not execute the Note: (a) is co-signing this Security Instrumentonly.tomortgage,'grant' and ,
wer's interest in the Property under the terms of this Security Instrumenq.(b) is not personally obligates
ecured by this Security Instrument; and (c) agrees that Lender and.any,other 'Borrower :may'agree",to!
rbear.or make any accommodations with regard to,lhd,lernis of this Su.untyjInsliumenl of lhL Notc4
wer'sconsent - '
:.!Loan Charges.'• --If the loan secured by this Security Instrument is subject -to a law which sets maxims
nd'•thatlaw is finally interpreted so -that the interest or other Ivan charges olleated-orro'be"the"
i'!;with:the' loan exceed the'permitted limits, then: (a)`any. such . loan`chargeshall',bpireduced bytthegi
to,reduce the charge to the permitted limit; and (b) any sums already collected' from!Borrowerwhich ei
limits will be refunded:to Borrower. Lender may choose to make this refund' by'.reducing.the'principt
Vote or,by making a direct payment to Borrower. If a refund reduces principal;:the reduction.,will be trea
payment without any prepayment charge under the Note... :i; i,f:'
,.LegislationAffecting;Lender's Rights. .If enactment or expiration'of applicable; laws has the e
inyprovision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its
re,immediate'payment.in full of all sums secured by'his Security Instrument and may invoke any'ri
byparagraph. M If Lender exercises this option, Lender shall take the steps specified. in the second parag
`l7
!: Notices Any notice to Borrower provided for in this Security Instrument shall be given by delivering
byifirstclass'mail unless applicable.law, requires use ,of another method. =The -notice shall be directec
address or any other address Borrower designates by notice'to Lender. Any,notice'to Lender shall berg
nail to Lender's' address stated herein or any other address Lender designates by,notice to BorroweC�An'
orin�this Security. Instrument shall be deemed to have been given to Borrower`orLender,when'given ;,as,p
t. Governing Law; Severability. This Security Instrument shall be governed by federal law and'the,lat
n.in which the Property is located. In the event that any provision or clause of this Security Instrumen
icts with applicable law, such conflict shall not affect other provisions of this Security Instrument or,tl
'be iven effect without the conflicting provision. To this end the provisions of this Security Instrument:
A t 01e,declared,tobeseverable.
;l 16 < Borrower's Copy. I Borrower shall be given one conformed copy of the Note and of this Security Instrument`;
(P q:17.`',Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the.Yropertyor any
nfereIs in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a'natural,
petson);without Lender's prior' written consent, Lender may, at its option, require immediate payment in full of all.sums;
secured'by this Security Instrument; However, this option sliall not be exercised by Lender. if exercise is prohibned by,
rederal;lawasofthedateofthis Security Instrument. `' r
Lender exercises this'option, Lender shall give Borrower notice of acceleration.`The notice shall provide a period,
�f.not'less than 30 days from the date the notice is delivered or rraCled within which Borrower. must, pay all sums secured byi
:his•.Securityilnstrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may,invoke;any
emedies permitted by this Security Instrument without further notice or demand on Borrower 'i,' '•''+ ci: i : " ' •);;
;rs'1.!g 18.':Borrower's Right to Reinstate.. If Borrower meets certain conditions,' Borrower sliall have the right to have;
enforcement of this Security Instrument discontinued at any timepriorto the earlier ofo'(a) 5. days (or such other period as,
applicable'law may specify fori reinstatement) before sale of the Property pursuant:to'any'power'of:sale'contained:in"this,
SecuritylInstrument; or (b) entry of a judgment enforcing this Security Instrument.�Those'conditions are 'that Borrower:;
(a)i'pays, Lender all. sums which then would be due under this'Security Instrument and the, Note had no' acceleration
'
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses' incurred in enforcing this
Security Instrument, including,'but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
reasonably require to assure that -the lien of this Security Instrument, Lender's rights in the Property and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by
Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. -

Jet
IC4
follows:
UNIFORM COVENANTS. Borrower and Lender covenant and agree as
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due f '
' the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note P y
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay ,il , i
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds) equal to,' , * %
ylErr'<,�,t,t`l,one-twelfth of: (a)'yearlyltaxes and assessments which may attain priority over this Security:Instrument, (b) yearly r
g„) {leasehold payments. or ground rents on the Property, if any; (c) yearly hazard ,insurance premmms, ,and (d) yearlylah, Fnr�i�1
4,1f\1p�1{�,,jMrmortgaga insurance premiums, if any. These items are called "escrow items 3 Lender, may estimate the Funds due on'thet 1 ° a
per ,*i t I +ll,F basis of current data and reasonable estimates of futureescrow items.. py +f ,... t r 4j' ^
The Funds shall beheld in an institution the deposits or accounts of which'are insured or guaranteed by a federahor��� �,
Iia tiq'y ({state' agency (including' Lender if Lenderis such an institution). Lender shall applythe.'F.unds.to pay,the escrowJli{emstt1�Y
kit t S
an holding and applying the Funds analyzing the account;oriverlfying the escrow items, ,unless , , ^
Lender+payslHorrow err interest on the Funds and applicabl„'law permits Lender-totmake'"sgch•a charge;',Dorroweriand]
tiendertmay,agree.;m;wriHng that interest shall be paid on4he Funds."Unless an agreement'vismade or,apphcable?law y� Il r
+yTMt s+t� requires interest to be;paid, Lender shall not.be required to:pay: Borrower any interest or earnings on the FundsiiLenderg, tqM�
M1ir a, i;a i shairgive to Borrower, without charge, an annual accounting of the Funds showmg'credits and debits to the Funds and the )y,i
purpose,for which each debit to the Funds was made: The Funds are pledged as additional security for the sums secured by Sll {yr iFl
Ihls'SecUfll Instrument,-..;',,,..,. :,. f.': \✓i�''tit Rsi�ri �s, G , 1V.';�'r < „�'r4'F 't'., iieV`y:tYi-'+id ��•�i
If thdamount oft ha'Funds held by Lender, together with the future monthly payments -of Funds,payable prior;t.
�!tt t im Y1thi due dates ofthe`escrow'items, shall exceed the amount required to' the escrow'items•wYen due; the',excess'shalltbe,R' a,Y
?` �,p atjBorrowers option,`either promptly repaid to Borrower or credited to Borrower`otitmortthl ;payments of Funds Iflthet t{ a r.;
�qq
y'4a 11 �� amount'of the Funds held by Lender is not Sufficient to pay the escrow' items when'due, Borrower shall pay to Lendetrany„�
Ofk;'amount necessary to mak I up the deficiency in one or more payments as required bylender , 1 ' ; ,F^'l N n l? ' �lir M, F t
r �. 't}"J [:„.Upon' payment in:full'of all sums secured by this Sectrity, Instrumental ender shall promptly{refund to Borrower
any,Funds`held' by Lendei.'If under paragraph:.19 the Propertyis sold;or. acqutred.by Lender,,Lendershall,apply"; nolater�° '
s a thawimmediately- riot to,'the sale of the Property or its acquisition b -Lender Pony Funds held by Lender,'at thertime=ofj
r♦ Y P P Y q Y N h w t �SKlo-x �P4 ire" �i 7 U'
�r rVe } application as a credit against the sums secured by this Security:Instrument , \ {� F, y { Lw ea , >
' tE4 , �}3r��"'3 +Application' of Payments. Unless applicable law provides otherwise, all payments,received;:byaLender;under��t�t"",
ied: first, to late
rges due under the
;lo prepayment
w) }3 t: Note, third; to amounts payableparagraphs I:and 2:shall be lunder paragraph 2afourth, [o intere t due; andl st�to'pri icipa• due nl � , u'w +, y4 ithea `
11 r iK. 1piti ! 4.•. Charges;'Liens. Borrower shall pay all taxes, assessments,, charges, fines;and;imposihons;attnbutable,toj[he r 3^t�
" frfr{{*{Property which may attain priority over this Security Instrument; and leaseholdrpayments'or groutidkrents, tf`anyt ;
t s k # Borrower shall a these obli ations in the manner rovide to ara ra h 2,'or if not' aid,in that manner;?Borrower sh 11
3 a s> P Y g P d P g P P'frt
r.pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts[
t,�s ?itr7 f1to,be;paid underthis paragraph. If Borrower makes these payments directly,,Borrower shall promptly furnish}to Lender crr't�t
N rt)'I'recetptsevidencingthepayments. k `(r:7 ,`°' , r; r;' ,�.;tx5,l,t�lfF,
�i',� °Y°i,{ 2i'. r`1,"Borrower shall promptly discharge any lien which lfas priority over this•Security Instrument unless Borrower ;(a) k`,rir)t
P Ji, Magrees in writing.to the payment of the obligation secured by" ie lien in a.manner acceptable to Lender;'(b) contests'inlgoodXi rt.
f fi air„t„t 9s $ P i g P Pl �t
rytlih� �,� i,fatth;the lien by, or defends�against enforcement of the lien in, legal roceedin s,which!in the.I;ender's'o imon;o erate'tor! " r�Ftt+'
"v `prevenC4he enforcement or the lien or forfeiture of any partlof the Property,: or, (c)�.secures from the holderllofYtheilien�an �ryt
Inn ;t}� 'f!,,�,-- agreement satisfactory to Lender subordinating the lien to this Security Instrumenti!If Lendec determtries;that any part
t,if°y[he!Property is'subject to:a lien which may attain priority over this Security Instrument;'Lender may give Borrowena„rr
a 1 , . "fl3$nohce;identifying the lien Borrower shall satisfy the lien or take one or more of theactions set,fotth above4withmtl0 days r, w
[e_ tit-�stofthe`givingofnotice.':, tk �; `}!in!`,8 fi; a?, r,.� "r}„get 'r rPI
;i .5 ";Hazard Insurance.'. Borrower shall•keep the improvements now'existing or hereafter erected on tlO ro ert ev �#
}1[ vT i-§`111 nsured againsfloss by fire, hazards included within the tertn "extended covetage'.,and any other hazards'forrwhichlLender r ifF'3
Trpquires-insurance.—.This-insurance-shalI be maintained in the amounts and for_he periAV insurance carrierproviding the insurance shall be chosen by Borrower subject to Lenderws',approval,whhch'shallno �be }' , , ,...uF t, rr 7 rff.',G Y tunreasonably withheld , ' �J h�tI�y+#; tat All insurance policies and renewals shall be acceptable to Lender and shall include a'standard mortgage clause }l,"y Fl lw
ibFf�vru`Flfl ei`<fFiender shall have the right to hold the policies and renewals. If Lender requires, Borrower,shall promptly give to Lenders;
Syr'+g�a�f }if, all,receipts of paid premiums and renewal notices, In the event of loss, Borrower shall give prompt notice to the insurance {� °,i it'r`.'
tin„ t }r carrier and Lender. Lender may make proof of loss if not maqe promptly by Borrower.
nless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or;repairy,x,+k r
sytikr.+.
rl�yof the Property damaged, if the restoration or repair is economically feasible. and Lender's security is not lessened:.If,3
a±restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceedsshall be�l'Su iws
lied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower 4IfE, ;kY ;'
tfered erty, or does not answer within 30 days a notice from Lender that the insurance
to settle aoclaini henns the PLender may collect the insurance proceeds. Lender may use the proceeds to repair or iestoref+
the Property or to, pay sums secured by this Security Listnranent, whether or not,then due.. The 30 day period willtbegmE'4 t;q
A'"s�'kWjGp3,;when the notice is given. : - ': - ' •> ri1S� �'fS:;
Unless Lender and Borrower otherwise agree in writing, any application of proceeds. to principals hall not extend
postpone the due date of the monthly payments referred to in paragraphs 1 and for change the amount'of thc' ayments'If y' ; a;'t
3ijyla``under paragraph 19 the Property is acquired by Lender, IIor'rower's right to any insurance policies and proceeds resultingu j r:
s5 ti rai sfrom'damage to the Property prior to the acquisition shall pass to Lender to the extent ofthe'sums secured by this Securttyirlf,trirr
a`a, k , 411nstrument immediately prior to the acquisition. '')'!� s
6, Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substanttallyttllri
J,,AJ.ffl p 4%, hanger the Property, allow'the Property to deteriorate or :Commit waste If this Security.Instrumenvis';on aleasehold, � p
fBorrower shall
ole shall not merge unless a provisionsnder of the
to hlea merger, and i writing. Borrower acquires.feetitle tohthe Property, tbehleaskholdtand
7. Protection of Lender's Rights in the Property; Mortgage Insurance. IF Borrower fails to perform'thett;;t E'
y.covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly, affect`s: 't
,l', rd j; r; ,aLender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce'laws or r
wtvciyjjtin" ` :regulations), then Lender may do and pay for whatever is necessary to protect the value.of the Property and Lender's rights„'
m'the Property. Lender'siactions may include paying any 'gums secured by a lien which has priority over this Securitstry,
ender1may t ka action nin court, under this aying parag paragraphreasonable
Lender does'not have to do es and entering
og on the -Property to make repairs Altho/ugh iiiti''Tr1!i
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security instrument. Unless Borrower and Lender agree to tither Icrnis orpayment, these amounts shall bear interest from".
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
1
...........'.... .. ........_.. ,.,..... �. n.vn<n •:.rvm.mnr.....cTriY;�•:.vrGdr rq.., ,.-..ir.; :.,im:cn.f.'i \:.;,r

,t , �ii ra tL:h ,t {o rr�^t �, St +fin r,§♦fi`±t rkYS+i
„ Sul .I
` a r.• (Space Above This Line For Recording Data]
r
DEED OF TRUST
t,a rb THIS {l1 ST( SecuntyListrunient")ismadeon 'July'10
{, £ OFTRU
19 89.....Thegrantoris I�raean > �Rosell,,,unmarried I
peter .................................................
...,,,Nos•trand and„Richard
("Borrower"). The trustee is •
M ::,Knight .,..., ,. i..... , („Trustee"). The beneficiary is
Crestar Dank ................................................ .........................................which Is organized and.exisun
g ..
undertheI.lawsof.ti�1e state of1. Virginia,,,,,,,,,,,,,,,,,,,,,,,,,, and whose address is P 0 Box 179A
<irA)-@xaR4�X,A...Yt�.....2.3t�„�................. .:... (Lender. ).
t�q'1`f, i ➢orrower owes Lender the principal sum of FOR X...T {Q95.ANp,, �I�D•,•QO/ 7 OQ •,••, .. ..... ..
— 1 — — .Dollars (U.S. $...40, �00 00 ) This debt is evidenced by Borrowers note
l .:.... 7.....
Nk.y
i dated'the same date as this Security Instru nt ("Note) �y,hicfi provides for monthly payments with the full debt if not
�tpaidearlier,due and payabledn .......u1X...t...1999.. %U
y i�➢tlSThis4Secunty'-Instrument secures to Len er: (a) the repayment of the debt evidenced by the Note, with interest, -and all
er(ewals;,extensions'and modifications; (b) the payment of all other to
sums, with interest, advanced under paragraphnder
N'protect the security of this Security Instrument; and (c) the performance of Borrowers covenants and agreements under r
this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's:'
successors and assigns, intrust, with power of sale, the following described property located in "...,....
Dare ............................................... County, North Carolina:,
Being Lot No. Two Hundred Thirty—four (234), of Brigand's Bay, in Dare County, North
Carolina, and being the same property conveyed by Deed recorded in ,Book 216, page 94,:
in'the'Deed Records of said County, to.which reference,'is made.Jor_ prior -title.
U K ,
r�
Y I
rw FI�1ir
JJ ��V't4 i �i
ItC*�
/t'S°ab L,r
"'!1'e
i,
•.
F4 syf>
rrr
t t
�".,which has the address of. Lot 34, Capons Court, Brigand's Bay S/D, Frisco •
...................r..... (City]
(Street)
North Carolina ... 27936.................................... („Property Address");
(Zip Code)
,
TO HAVE AND TO HOLD unto Trustee and Trustee's successors and assigns, forever, together with all the
improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral,
oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All
replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to, in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised or the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
NORTH CAROLINA—Single Family—FNMA/FHLMC UNIFORM INSTRUMENT Form 3034 12/83
44733 SAF SYSTEMS AND FORMS
CHICAGO, IL
i
'J

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
Ms. Marjean Rosell
P. O. Box 513
Buxton, NC 27920
Dear Sir::
May 17, 1996
ATT•�'
IDEHNR
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,
Jahn R Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 � An Equal Opportunity/Affirmative Action Employer
Voice 919-733-229350% recvcied/10% post -consumer paper

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAUPROCESSING RECORD
A) APPLICANT: Marjean B. Rosell COUNTY: Dare
LOCATION OF PROJECT: Lot 234 Captain's Ct., Brigand's Bay, Frisco, Pamlico Sound
DATE APPLICATION RECEIVED COMPLETE BY FIELD: March 5, 1996 2 1 ?
1
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No
CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - N
FIELD REPRESENTATIVE: Mathis DISTRICT OFFICE: Elizabeth C �P
DISTRICT MANAGER REVIEW: PPP "3 ao -quv $ L g
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $ ?5v
PUBLIC NOTICE REC'D: END OF NOTICE DATE: 0 Y-,-7- 96
ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D:
APPLICATION ASSIGNED TO: ON:
C) 75 DAY DEADLINE: 5� - I y-fd / 150 DAY DEADLINE:
MAIL OUT DATE: - Q - 9 `P STATE DUE DATE: �— o
FEDERAL DUE DATE: ` 9 G FED. COMMENTS REC'D: y - e 1Y
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal
Management Dist. Office
3 o2 /-9
Div.
of
Community Assistance
U _ - 9�
Land
Quality Section
Div.
of
Env. Management
State Property Office q-t4-ek
S-t- qL
Div.
of
Archives & History
Div.
of
Env. Health
-y�
Div.
of
Highways
N_/L_ U/
Wildlife Resources Commission
7
t/
Div.
of
Water Resources
Div.
of
Marine Fisheries

MEMORANDUM
TO: John Parker, Jr.
FROM: Lynn Mathis
SUBJECT: CAMA Major Permit Application for Mar can Rosell
DATE: March 18, 1996
The placement of the proposed rip rap breakwater just offshore should help protect the remaining
coastal wetlands on the southern half of the property. The proposed low water bulkhead should
offer protection for the higher Juncus marsh while allowing the water connection to remain. I
have no objection to the project as proposed and would like to offer the following conditions:
z/ 1) The breakwater alignment shall closely follow the shoreline contour, except that
v in the eroded pocket just north of the salt marsh cordgrass the riprap may extend
further, not to exceed seven feet, and shall be staked by a DCM representative
prior to beginning work on the project.
2) Filter cloth shall be placed on the shallow water bottom under the riprap material
to prevent it from settling into the bottom.
3) The width of the breakwater shall not exceed six feet and the height shall not
exceed one foot above normal water.
4) The riprap must be free of loose dirt or any other pollutant, except in trace
quantities. The riprap must be of sufficient size to prevent its movement from the
site by wave or current action.
5) No marsh grass will be excavated or filled.

''* i
6) No fill material shall be placed in the water behind the bulkhead of riprap.
7) The alignment of the proposed bulkhead must be staked by a representative of the
Division of Coastal Management (DCM) within a maximum of thirty days prior
to the start of construction. Failure to initiate construction within thirty days, or
erosion of the shoreline by adverse weather conditions, will require the alignment
to be re -staked by DCM within a maximum of thirty days prior to the new
expected start of construction.
8) The 72' bulkhead will not extend an average of two (2) feet waterward of the
normal water level, except that in the eroded pocket just south of the black
needlerush the bulkhead may extend further, not to exceed seven (7) feet.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM
TO: John R. Parker, Jr.
FROM: P.A. Wojciechowski
SUBJECT: CAMA/DREDGE & FILL Permit Application
Marjean B. Rosell
I�EHNFz&I
27 March 1996
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative 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
March 20, 1996
MEMORANDUM
IDEHNFR
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: N�jaan--.AwRosell
Project Location: Lot 234 Captain's Ct., Brigand's Bay, Frisco, Dare, Pamlico Sound
Proposed Project: Construct a 72' low water bulkhead and install 52' of rip rap.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 10, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY _ V 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
attached comments.
L,/)"
Sigz!d
to the project for reasons described in the
Date 3-2- 9' (,
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Atfirmative Actlon 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
MEMORANDUM
April 3, 1996
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker
Major Permits Processing Coordinator
e��
EDEHNR
SUBJECT: CAMA/Dredge and Fill Permit Application Review
rII.a . '��'��.IIIIJJJI � � 'Ij
DMF-PUB. TRAUBLANDS
APPLICANT: Marjean Rosell
PROJECT LOCATION: Brigand's Bay S/D, Frisco, Lot 234, Dare Co.
v9g6
PROPOSED PROJECT: To construct bulkhead and install riprap to stop further erosion.
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 There are no known public trust conflicts with the project location or
design.
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.
T/,�is is ,9 D,d (��J a� 7iiur7 Fo,- .�i�.•-� y
iYiFilO 7O G�' T Go/lam Of O.E./ v�Hi�•<f GOH ✓< �r //so�t�>'1
Signed • " Date
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 N14' CAn Equal Opportunity/AfflrmatNe Action Employer
Voice919-733-2293 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
March 28, 1996
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM:
SUBJECT:
John Parker, Jr.
Major Permits Processing Coordinator
E)EHNF:1
CAMA/DREDGE & FILL Permit Application Review
q the
4Srgt 9
'�fNT
APPLICANT: Mariean Rosell
PROJECT LOCATION: Lot #234, Captain's Court, Brigand's Bay S/D, Dare County
ROPOSED PROJECT: To construct a bulkhead and install riprap to stop erosion.
Please indicate below your agency's position or viewpoint on the proposed and return this form by
April 18, 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
f' ` comments.
Signed w,QL W A rfi�Csw Date 4 - Ida -'1 &
May 21, 1993
P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%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
March 28, 1996
I v,/ 10110 to]t7\►1111101
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
IDFEE HNF 1
FROM: John Parker, Jr. *,P*y RECEIVEO
Major Permits Processing Coordinator APR 1-8 1996
%%AGEMENT
SUBJECT: CAMA/DREDGE & FILL Permit Application Revie a,
APPLICANT: Marjean Rosell g
PROJECT LOCATION: Lot #234, Captain's Court, Brigand's Bay S/D, Dare County
PROPOSED PROJECT: To construct a bulkhead and install riprap to stop erosion.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 18, 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.
qL 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.
0 Signed Z` 2 Date �/ S /G
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper

APR 19 196 02:00F'I1
State of N h arolina
Departme o Environment,
r Health and a ral Resources
,Y Division of Coo al N onagernent
JAY
James B. Hunt, J, , G� vernor
Jonathan B. H s eregry
Roger N. Sch"t ester y •-4
Post-ir Fax Note 7671
oar _
� ►
TO
Fro
Co.IDa
Co.
Phone K
Phone
Fax A /�
Fax N J' �•
b,FFt March 28, 1996
DIV. Of ENVlkiji�nA) t?AL r:FALTH
MEMORANDUM
TO:
FROM:
SUBJECT:
Ms, Linda Sewall, Director
Division of Environmental Health
John Parker, Jr.
Major Permits Processing Coordinator
RECEIVED
APR 1 Inc
DIV. OF ENV1R0Nk1ElVTA;, yfa�J�
CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Marjean Rosell
PROJECT LOCATION: Captain's Court, Brigand's Bay S/D, Dare County
PROPOSED PROJECT: To construct a bulkhead and install riprap to stop erosion.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 18, 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.
MOW 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
`r Ar
P.G. Box 27687, Raleigh. North Corolino 27611.7687 Telephone [phone] FAX [phone]
An Equal opocrtunity Affirmarive AC'Ion km;_'cye; sob 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
March 28, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1�
EDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: t iNkm wn
PROJECT LOCATION: Lot 1Y234, Captain's Court, Brigand's Bay S/D, Dare County.
PROPOSED PROJECT: To construct a bulkhead and install riprap to stop erosion.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 18, 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.
f
X 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.
This agency objects to the project for reasons described in the attached
comments.
Date
AW �� ,
P.O. Box 27687, N
7 L. FAX [phone]
Raleigh, North Carolina 27611-7687 r� An Equal Opportunity/AffirmatNe 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
March 28, 1996
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
�f
EDEHNF1
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
RECEIVED
APR 121996
COASK
MANAGEMENT
APPLICANT: .Alarjean Rosell
PROJECT LOCATION: Lot #234, Captain's Court, Brigand's Bay S/D, Dare County.
PROPOSED PROJECT: To construct a bulkhead and install riprap to stop erosion.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 18, 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.
400" V 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 (-� v Date
P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

a
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 fR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 20. 1996
MEMORANDUM
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: MArjeaa B. Rosell
Project Location: Lot 234 Captain's Ct., Brigand's Bay, Frisco, Dare, Pamlico Sound
Proposed Project: Construct a 72' low water bulkhead and install 52' of rip rap.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 10, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY — This agency has no objection to the.project as proposed.
1 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 L Date
OR -"`L
MANgs E1936
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone [phone] FAX 919-2
An Equal Opportunity AfflrmatNe Action Employer 50%recycled/ 10%post-cauumer paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Marjean Rosell
2. LOCATION OF PROJECT SITE: Along a man made canal off Pamlico Sound, more specifically Lot 234,
Captain's Court, Brigand's Bay Subdivision, Frisco, Dare County.
Photo Index - 1989: 5 199: 7 K-14 1984: 145 390: E-21 (grid aligned along left side of photo)
State Plane Coordinates - X: 3,016,850 Y: 568,600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE:Dates of Site Visit - February 22, 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - March 5, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT,EW,ES,CW
(C) Water Dependent: YES
(D) Intended Use: Private
Wastewater Treatment: Existing - Septic
Planned - Existing
(F) Type of Structures: Existing - One Story Single Family Dwelling
Planned - Room Addition
(G) Estimated Annual Rate of Erosion: 2'
Source - Owner
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Shading: 12 sq. ft
(B) Non -Vegetated Wetlands
(C) Other
Rip Rap: 165 sq. ft.
Shading: 30 sq. ft.
Shallow Water Habitat
Dirt Fill: 9 sq. ft.
High Ground
(D) 'Total Area Disturbed: 216 square feet (.US acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: NO
8. PROJECT SUMMARY: Marjean Rosell requests a CAMA Major Permit to construct a 72' low water
bulkhead and install 52' of rip rap to stop further erosion of a coastal wetland fringe along a man-made canal
in Brigand's Bay Subdivision in Frisco, Dare County.

Abrjean Rosell
Bio Report
Page 2
Site Description
The property is located in Brigand's Bay Subdivision, at the end of the cul-de-sac on Captain's
Court, adjacent to a canal off Pamlico Sound. The property is pie shaped, and consists of
approximately 6,923 square feet (.16 ac.). The applicants shoreline extends along a man-made
canal for a distance of approximately 124'. Vegetation from high ground to the shoreline consists
of, but is not limited to, ornamental trees and flowering plants, loblolly pine (Pinus taeda), live
oak (Quercus virginiana), silvering groundsel-tree (Baccharis halimifolia), black needlerush
(Juncus roemerianus), saltmeadow hay (Spartina patens), and salt marsh cordgrass (Spartina
alternflora). Running in a north to south direction along the shoreline there is a high Juncus
marsh that grades from high ground to the water, is approximately 10' to 15' wide and extends
around the shoreline for a distance of 56'. Continuing south around the shoreline the black
needlerush gives way to a sandy beach with a two foot wide saltmeadow hay fringe. The sandy
beach extends for 26', to a 42' long salt marsh cordgrass fringe that follows the shore around
the southwest corner of the lot.
The only structure located on the property is a single family dwelling. The applicant is
submitting an application to construct a small residential addition, that will be placed a minimum
of 40' landward of the normal water line. The use being made of the property is of a non-
commercial nature.
There is evidence of erosion along the shoreline adjacent to an existing bulkhead to the north,
as well as the sandy beach. The degradation appears to be a result of normal wind tides as well
as the increase in the recreational use of the adjacent canal. The applicant is one of few lots left
in the area that has not installed a bulkhead.
Project Description
The applicant proposes to construct a 72' long low water bulkhead that will tie into the bulkhead
located on the adjacent lot to the north. The bulkhead will begin at the northwest corner of the
property and run along the shoreline to the south. The bulkhead will be placed waterward of a
Juncus marsh fringe along the erosion scarp. Erosion is currently causing mats of black
needlerush to break loose.
The applicant proposes to stabilize the remainder of the shoreline with stone rip rap to allow
water to pass behind the structure. It is the applicants intent is to protect the salt marsh cordgrass
located on the southern end of the lot. The proposed rip rap and bulkhead will meet in the
approximate center of the sandy beach area. The applicant is proposing the combination of the
two structures to allow water to flow over the cordgrass, while the bulkhead protects the black

Marjean Rosell
Bio Report
Page 3
needlerush from further undercutting. Ms. Rosell intents to plant additional vegetation to help
restore the wetland fringe along the shoreline.
In addition to installing a shoreline protection system the applicant would like to construct a
small walkway that will terminate along the edge of the proposed bulkhead to allow access over
the wetland fringe. The walkway will be placed over the southern corner of the proposed
bulkhead at a point where the least amount of vegetation will be impacted.
Anticipated Impacts
The stone rip rap will fill approximately 165 square feet of shallow water bottom habitat. No
backfill is proposed in conjunction with the project, therefore turbidity will be the minimum
necessary to construct the bulkhead and place the rip rap along the shoreline. The walkway will
shade 12 square feet of saltmeadow hay and 30 square feet of shallow water habitat.
CAMA Review and Land Use Plan Consistency
The property appears to have no unique remnant species and no geologic formations are known
to be associated with this site. According to the applicant some pottery shards have been found
on this lot and investigated by Dr. David Phelps, from East Carolina University. There is no
significant archeological site on the property in question
The project is located in an area identified as conservation in the Dare County Land Use Plan.
The Land Use Plan (LUP) advocates the use of existing state and federal regulatory programs
for protecting and preserving coastal wetland Areas of Environmental Concern (pg. 52). The
Land Use Plan also states that shoreline development should continue to be managed to protect
and preserve the natural resources along estuarine shorelines (pg. 55). The county supports the
public's right to access and use public trust areas and waters (pg. 54).
Submitted by: Lynn W. Mathis
Date: March 20, 1996

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLYTO
ATTENTION OF
April 12, 1996
Regulatory Branch
Action ID No. 199601463
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of I401101INIEW11 for a Department of the Army
(DA) permit to construct a low water bulkhead and place riprap material along
the shoreline, on property located off Captains Court, Lot 234, Brigands Bay
Subdivision, adjacent a man-made canal to the Pamlico Sound, Frisco, Dare
County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
Ago 2. The bulkhead will not be positioned farther waterward than 5 feet from,,7w5„e
the normal water level elevation contour at any point along its alignment. `J
'7 rn one
3. No excavated or fill materials will be placed at any time in any ?idou/pprkrl
vegetated wetlands or waters.
4. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
5. The authorized structure and associated activity will not cause an
unacceptable interference with navigation.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely, , it
FiECE VEd
Raleigh Bland, P.W.S. APR 24 19%
Regulatory Project Manage CUASIAL
MANAGEMENT

4'
-2
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Blind Copy Furnished:

t..
y .

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY TO
ATTENTION OF
March 27, 1996
Regulatory Branch
Action ID No. 199601463
Marjean Rosell
Post Office Box 513
Buxton, North Carolina 27920
Dear Ms. Rosell:
On February 11, 1991, we renewed General Permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received March 22, 1996, for Department
of the Army (DA) authorization to construct a low water bulkhead and place
riprap material along the shoreline, on property located off Captains Court,
Lot 234, Brigands Bay Subdivision, adjacent a man-made canal to the Pamlico
Sound, Frisco, Dare County, North Carolina, indicates it to be a candidate
for Federal authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199601463.
It will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field
Office. Mr. Bland is available at telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Project Manager
Regulatory Branch
Enclosure

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY TO
ATTENTION OF
March 27, 1996
Regulatory Branch
Action ID No. 199601463
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Marjean Rosell for Department of the
Army (DA) authorization and a State Water Quality Certification to construct
a low water bulkhead and place riprap material along the shoreline, on
property located off Captains Court, Lot 234, Brigands Bay Subdivision,
adjacent a man-made canal to the Pamlico Sound, Frisco, Dare County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until
the certification has been obtained or waived.
. According to our administrative regulations, 60 days is reasonable
for State action. Therefore, if you have not acted on the request, or asked
for an extension of time, by May 25, 1996, the District Engineer will deem
that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
sincerely,
Raleigh Bland, P.W.S.
Project Manager
Regulatory Branch
Enclosure

'.• W .
-2
Copies Furnished (without enclosure):
Mr. John Parker
vision of Coastal Management
VIIX�Iolrth Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

-2-
Copies Furnished (without enclosure):
Mr. John Parker
ivision of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27657
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section -
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
U.S. Fish and Wildlife Service
,.i
Fish and Wildlife Enhancement
�„
Post Office Box 33726
``
'~~��c�\`�
Raleigh, North Carolina 27636-3726
66�
Mr. Larry Hardy
® R�S�eJ.�g
National Marine Fisheries Service
�P �o� �e��
Habitat Conservation Division
Pivers Island
%`a'r6
Beaufort, North Carolina 28516
9
Mr. Thomas Welborn, Chief
C
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS / CO•
P.O. BOX 1890 J
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF r 2A 199 �-
Regulatory Branch �A
Action ID. q%0 Ili �3 Applicant _(Aay 4PA
Waterway Pfiyn i Go ;K4-- County brM Type Vvbrk
Mr. Larry Hardy
National Marine Fisheries
Service, NOAA
Pivers Island ,.
Beaufort, North Carolina 28516
Fish and Wildlife Enhancement
U. S.Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Gentlemen:
zMr. John Parker,
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. RI('4V-1 44
21,uLel1 C(6 Regional Office
Division of Coa tal Management
North Carolina Department of
Environment, Heallth and
Natural Resources
1361, US n Soul
117-LI
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed.A Your comments and/or
recommendations would be appreciated on or before
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely, �► r\
E iL1
APR 4 1996fAL
Raleigh Bland
COaS
MANAGEMENT
Regulatory Project Manager -
Enclosure

State of North Carolina
D6partment of Environment,
Health and Natural Resources Aja
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N IR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 20, 1996
Ms. Marjean B.-dtosell
P. O. Box 513
Buxton, NC 27920
Dear Ms. Rosell:
The Division of Coastal Management hereby.iges receipt of your application
for State approval for development of your property located Lot 234, Captain's Court,
Brigand's Bay Subdivision, Frisco, Dare County. It was received on March 5, 1996 , and
appears to be adequate for processing at this time. The projected deadline for making a
decision is May 19, 1996. 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 Afftrmoflve Action Employer 50% recycled/ 10%post-consumer paper

March 20, 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,
�-A- &-.J- -t
Lynn W. Mathis
Field Representative III
LWM/dc
Enclosure
cc: John Parker
Richard L. Watts

N0T1(11e0]7j
CAMA PERMIT
APPLIED FOR
PROJECT: To construct a 72' low water bulkhead and install 52' of rip rap
to stop further erosion of a coastal wetland fringe along a man-made canal
in Brigand's Bay Subdivision in Frisco, Dare County.
COMMENTS ACCEPTED THROUGH April 16, 1996
APPLICANT: `opum, FOR MORE DETAILS CONTACT
`�'�,. THE LOCAL PERMIT OFFICER BELOW:
Ms. Marjean B. Rosell N.C. Division of Coastal Management
P. 0. Box 513
Buxton, NC 27920
N
1367 U.S. 17 South
Elizabeth City, NC 27909

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COVENANTS. Borrower and Lender further covenant and agree as follows:
NON -UNIFORM COVENA 'Borrow
.-a . — following Borrower's:: prior to acceleration
19. Acceleration; Remedies. Lender shall give notice to Borrower
breach of any covenant or
agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17-,.
'
unless applicable law provides otherwise). The notice shall specify: (a) the default; (b)the-action required to cure. the
date, not less than'30 days from the date the notice is given to Borrower, by, whichthe default must be cured;w :
I�securediby`this'Security�I
lll�� default; W a at . . I . . .
oii��!�naytresult,-,i�:accelerati,o.n,of.:.t.hetstimsi'
, I - I h.'
fail ure,to�cure ihe default on or before the date specified in the n
Theinotice'shall�f�rtlier�infordiBorr,6wer�of,�the,irig tiiW
�strument andsale of the Property.. . . .4 .. 9
-the non anyiothers
xistenceof a'defaulfor'
he right to assert in the foreclosure proceeding .. I., ? Ul
rein.simte after deceleration and t d the:fibtice;�Lende
fl.Boirowerlo acceleration and sale. If the default is not cured on'or before the date specified in .9
defense o % before .. CCU
sums secure&b�.Ithis'�S
may;ritgtdreiftrunediate payment -in full -of all iiti,�Instruniefitf,�vithoutf�fartherl
4a at d!bi,,a�pli�ableIiiv'.,.�Lender shaMbe-entitledito
ei� ill"Adan Ill' er of sale and any other remedies permitti
ay-iinvokelt -pow
r6ollediall vexpenses incur edjin:pursuing'the remedies provi(led-ifilthis4paragraph*,��119, lqFluding��but notHimited
Wit rM
I., ,
ireasonameattorneys!Uces' In costs of title evidence. d with applicable IawjnaE
-tI I
h*11411f ender,invo es the power of sale, and if it Is determined in alhearing field in accordance
4C can proceed to -sale,- Trustee shall take -such action regarding notice of sal.eiand shalllgivdsuch notices-twBorrower,
, '. '. I. I I' " u1after!pliibliCaiidn%fhd
It t rpersonsias applicable law may require. After the time required by!appllcable� aw4aT I Ill, I
'A. .'iat!pubIIc:auction,,to,thc highest4bladerlat the
If ;! le, usti6e,. without demand on Borrower, shall sell the Property 1. 11
Nnie Incand'umler:, thc•!erms designated in the notice of safe in oiie,!,'orlmore;'parcels'rabdin'any'f6rde stee
.fi ­� im,
l determines;'Lender or designee may purchase the Property at any.sale.:',,Himlj
rustee shall deliver to the purchaser Trustee's deed conveying the lMpertywitlioutl an" covenant ors rrf
,expressed orimplied: The recitals in the Trustee's deed shall be prime facie evidence of the.truth o I C',st te e tst' ade
proceeds of the sale in the following order: (a), tolpli expenses i o a cluot
therein. rustee s all apply the � I
'secured by U
a -th
�,limlted,to, Trustee's fees of...... � ..... % of the gross sale price; (b) to all,
0D �..
excess to the person or persons legally entitled to it.
'0�'N(c)'any xc
Lender. in Possesslo abandonment o' if e er (in
n. Upon acceleration under paragraph 19 r abando r rt
I or by judicially appointed receiver) shall be entitled to-eiiter,�,upon; �,:take.,po,ssession..ot.-a.n..I'managC!.EhC
i ro I- ert ;and to collect the rents of the Property including those past due .�'Any :rcntscollected by ender,clor,the receiver
management of the Property�;ind:collectiod.of:rents,�inclu'dini;,,buirn6't
W shall. e. applied first to payment of the costs of me I
Ii ite to, receiver's fees, premiums on receiver's bonds and reasonable attorneys'; fees, and then to the sums secured,,by
Security Instrument.
L'Release. Upon payment of all sums secured by this Security Instrument, Lenderlo is
-Borrower. If Trustee is. requested An !release' this-. See tes
prit �Ijistrumenfwithoui charge to T I ilu teeAorr
A encing:debt secured by this Security Instrument shall be:purrendered toTiusteell�Borr6we
W111 N-0.w. "M t 15
M -Truste d' app at "a's ss
time remove'Trustee oint a s
Substitute_ Trustee. lLender may from time to
at recorded in:the county d by'"ah'instrume in W1ii1cFtMS:S iMiltTEst
s e, a ointe ereun er
successor trustee shall succeed to all the title,, power: an uti6s:�6c crre—i on
it out conveyance of the Property, the r -
dTlRj 'j ,
k
k Trustee:herein an y applicable law.
11 i,recorded-togetherwith
Riders to this Security Instrument. If one or more riders are executed Borrower an
0 c
I I S I - e I C . U it Instru ent,.the covenants and agreements of each such rider shall be incorporated into and.shall amend and
if- the rider(s) were a:part; oflthis�Security
d 'ple etit the}covenants and agreements or this Security Instrument . -as . . .... !;4, -,
1�n t
I' ffll
Instrument el; 'applicable box(es)] rggj ,
.1 111 id
t jl.,Adjustablej�.Xate Rider Condominium Rider
L I
Graduated ent•Rlder E:] Planned Unit
Otherfsl'fsnecifyl
SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms,
strument and in any yider(s) executed by Borrower recorded,wi
0.,
Rarj �eB�
[Space Below This Line For Acknowledgment]:.
.... ............
id covenant
SS:
..................
j,
Manley 1'r ........ a Notary Public in and for� 1 :count and*state;,,do,hereDyzcerEitY,UME�
Vk .......
R),hNQj,q`1Rachej R. Man�
an B. Rosell . .............................. personally:iPPC416UIY .
% ................. ... IYI
V. ... .. ............
and is (are) known or proved
to me to be the person(s) who, being informed of.the contents or the foregoing
fiid ....... her ....... .,.Jree.and,voluntary.ac��an
$,Wn�eiexecuted same, an acknowledged said instrument to be
(his, her their)
JA; I
'forth.il It a
k .... . ...... ... ...... executed said instrument for the purpbses and uses .thereinset- Kilsi'17-
ra SRI c they)
.
1 Q,,�jt,}Wftaess my hand and official seal this ....loth .......................... day of ........................ I
Illy Commission Expires: 2-5-92 (S
........ . .
Notary Public ........
This instrument was prepared by ... C!�ris.top.he.r. L... S.e.aw.e.J..1 ......................................
44771
... . ......

01 f ,
5. Lender. requiredmoitiage insurance as a -condition of, making t e loaril-siec re 't is:Slecurity I.
ri,,shall� pay.the;premiuinst required to maintain the insurance in.effect;u til.suc _'� ti eas-the'requirement
eiferminatesiiii'aci:ordoince with Borrower's and Lender's written agreement oralica lela J`,�';" II -In -I
q-11 �For'its agent, may mae reasonable cntries.0 on�an �ecti SW
`�3nspectioO��,,. Len(
k
,;Borrower notice`at-tdhe time of or prior to an inspection specifying, reasona lli'l cause for
t
riconse S 111
{Condenmation'.' :.The proceeds of any award or claim for damages; direct
+ing;of any part of the Property, or for conve ancef;-ilieulo we
nation for .'other� tE . .
gz
!flmd;shallbe'paid:to Lend•j he-I'su Security
qlthIe�evenvof�aftotal taking or the Property, the proceeds. shall be app ied1to:the-,su
pnt,"Iwhether:br'nofthelni due, with any excess paid to Borrower. In the eventIofa'partial,taking'of the;Pro rt
I 'shall'bi�red YN
-instrument
6ri6wer iind'Lender. otherwise agree in writing, the sums;secured by this,Security rM
te
f. h d ltl Ii d by the following4ractiow (a) the 'total ,amount.!of,�'theisums�:securedlimm
,t,.kmg, divided by (b o,,,t qprocee s,m ip le
the fair market Value of the Property immediately,before tthe,takn,i6iAny.balance.
shallJbe
M#k,401�6?vqgl AlAA
MMl"W at'.or.
oned by Borrower, or if, after notice by Lender .�Bori.. ­ .owe�iththe�.1 condem
­1 ... �il n�offersqto­�.
f - r,the datetth�.rtotice1s
?award or settle a'claim. for damages, Borrower fails to respond to Lender -within,30 days 'a te
:Or
ender is authorized to collect and apply the proceeds, at its option, either to"restoration-orrepair oftheProperty,'q, : in I s I s . ecured by this Security Instrument, whether or not thbn due.
Jnless Lender and Borrower otherwise agree in writing, any applicatiodof prociiedsto principal shall*,not extcndor,
J,,�je ?iY/ .
J TorAiinge'ilie�amount'of such-paymerifs.. mg
ethe due date of the monthly payments referred to in paragraphs I afi( . I I 1- 1. . I W I I'll .. 1-11
.0.'. , Released; Forbearance By Lender Not a Waiyer.iy!::Extensi.on";ofz.the,-.time.L.,,for,��pay.m.e.nt'ifor"' W
itiotflof amortization of the sums secured by this Security Instrument'grant.edi,byLende.rito�','anyssuc6essorAin���I
pfiBorrower.shall not operate to release the liability of the original Borrower.'or.Borrower's:success6rsin'.interest%,,��� 71?j
I
Shall' not be required to commence proceedings agains0any successor'in,.interestor?reruseI to. extend ltimel,for-0
t or otherwise modify amortization of the sums secured by this Security Instrument by reason ofany
...
riginal Borrower or Borrower's successors in interest. Any forbearance byteriderjulexerqising any rightonrfirncd
tbe a waiver of or preclude the exercise of any right or reme y.
as Sficcessors and Assigns Bound; Joint and Several Lf
iability;'Co•signers."",�'�'The'c6venafits'and.agre6inenti'�of;, 174 .
i irty Instrument shall bind and benefit the successors and assigns of Lender and IBorrowerl*subject to.the!f3r6visi6rsN
1 .11.
r I a ph 17. Borrower's covenants and agreements shall be joint and several: Any Borrower.who co-signs this Secu'rity 6!i
ent but does not execute the Note: (if) is co-signing this Security Instrunicrit'only,to mortgigc*,'grant and convey'
4rower's interest in the Property under the terms of this Security Instrument;.(b) is not personally obligated,to,pa
s'secured by this Security Instrument; and (c) agrees that Lender and any, other Borrower. . may agree ;to��exten X 4
-this Secti 16i I y -1 list ru men t.,ortl hc;N6
iforbear or make any-accornmodalions with regard Lothli,lernis or
�19"M',Loan Cha
N 01M 1"...
1,10 1 b' 'a
1.11ULIDy, rowers consent.
fl, �W I rges.' If the loan secured by this Security Instrument is su ject to law -which sets maximum aii:,,�
chafges,)�and. that law,, is„ -firially'interpreted so that the interest or other loan charges�allecterJ-orto be collected
eOdh6cti'=44ith the.toan exceed the permitted limits, then: (a) any such] charge.�shall�be! red uccd.;by,' �
oan: thdairi6iint4
:b rrower which'texeccoleQ
the permitted limit; and (b) any sums already collected from o
R ne.cessary,to,reduce the charge to . . .
I. ! " . choose to make this refund by reducing the 2principal�jowed,
�
ermitte&limits;will be refunded:to Borrower. Lender may
under4the;NQte orby making a direct payment to Borrower. If a refund reduces principal; the reduction will be ,treated as ai
partiailprepayment without any prepayment charge under the Note.
enactment or expiration of applicable, laws has' the. effect� o
lation,Affectidg1ender's Rights. -If en
t�Legis
fr
le. ..
re en y rovision of the Note or this Security Instrument unenforceable according to its terms, Lender I at its option;
11.6 .�re ii c iate payment.in full of all sums secured by this Security Instrument and mayinvoke any remedies,-
11 . 11 - re.shall take the steps specified in the second paragraph of
e paragraph 19; If Lender exercises this option, Lender
e
a
Ott Any noticeto Borrower provided for in thi's Security Instrument shall be given by delivering it or by
ces. 'the,'
ft 9�.L licable.law requires use of another method. The notice shall be directed -to.
11 1 , first U Iit- fi class mail unless app
MO. by notice to Lender.
iq!51 s' to ert dress or any other address Borrower designates An�. notice tolender shall by
1 1, 1, -
herein or any other address Lender designates by notice to Borrower ;Any notice)
i first'Iclass-mail to Lender's'address stated I e .1
when given as,providedi
lender?
Xpirtivilled for. in this Security. Instrument shall be deemed to have been given to Borroweror
'iifithis;paragraph
.;%!':":.,
sly s"hlrllrl5.'; Governing Law; Severability; This Security Instrument shall be governed byTederal law'and thelaw 'of the'
menfor•the
;�4zkOjurisdiction.in which the Property is located. In the event that an y provision or clause of this Security Instru
iwq I conflict shall not affect other provisions of this Security Instrument or tlle,Note!
-P%R.Note�conflicts with applicable law, such
:rument'and the�
this end the provisions of this,Security Insl
which'can be give .
n effect without the conflicting provision. To
declared to be severable. -
ft t
Borrower's Copy. I Borrowershall be given oneconformed copy o heNote and of this Security nstrumen
Transfer, of the Property or a Beneficial Interest in Borrower. If all or anyt part of the Property, or any',
,10vv- I I natural
,11, Interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not*a
.ZQtj Jd . ,
,, iperqon);wlthout Lender's prior' written consent, Lender may, at its option, require. immediate payment tit full of all sums
Irl 1Y a ed'b this Security Instrument. However, this option shall not be exercised by: Lender if exercise is-prohibiled by.,
federal;law of th
e this'Security. Instrument.
Lender i
a
exercises this'option, Lender shall give Borrower notice of acceleration. The notice shall provide period•:
of d by,
6 ss than 0 days from the date Ole notice is delivered or nialled within which Borrower must pay all sums secure'
rit strument. If Bdrrower fails to pay these sums priorto the expiration of this period, Lender may invoke a n I. y
er itted by this Securitylnstrunient without further notice or demand on Borrowere"..
rrower's Right to Reinstate. IfBorrower niects 6,ertain conditions, Borrowcr'shall have the right.to ave.
earliertf 3';fenforcement of this Security Instrument discontinued at any timeprior to the of. (a) 5 days (or such other periodas'.
{applicable law may specifyfon reinstatement) before sale of the lroperty to'any.'power of sale 'contained. in� this
t �J Security?Instrument or (b) entry of a judgment enforcing this Security t.,Those'conditions are that Boriowen;
�1:'!li'+(a)"pays: Lender all.sumswhich"then would be due under this •Security Instrument and. the Note had no' acceleration
•occurred; (b) cures any default of any other covenants or agreements; (c) pays 11 expenses: incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
reasonably require to assure that.the lien of this Security Instrument, Lender's rights in the Property and Borrower's
continueoUligation to pay the sums secured Uy this Security Instrument shall unchanged. Upon reinstatement by
Bo rrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17.

i
r Otis ict Jr, t Y°.•A . I r ,� s, ' 1.,'I '��F
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
"ic '" ' the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.::';-i;
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pays
toi. Lender on the day monthly payments are due under he Note, until the Note is paid in full, a sum ("Funds') equal to j
pl' " ; I> 1 ,,one -twelfth of: (a) yearly taxes and assessments which may attain priority: over this Security; Instrument, (b) yearly
i, .. M1�S:�Fi " lcaseliold payments or ground rents on the Property, if any; (c) yearly hazard:ansurance•premmms,' and (d),yearly;+
ort a e insurance premiums, if any. These items are called;' escrow items " Lender, may estimate the Funds due on they:.
w�°k °III�1pi.l+✓,'I,t�Ym g g p r }' ' �.. 11i1 �'lf, q-�i 1 ti " +i 1 lt"•'.. y,Ce �!'i
ftlihl(n+i basis of current data and reasonable estimates of future escrow items. a guarantee
, + ••::i, ?YI1
wy,)itt,Fti The Funds shall beheld in an institution the deposits or accounts of whteh'are insured ord b a federal orr
yf i r+ 'tstate,at enc (including Lender if Lender is such an institution). Lender shall apply the.'Funds to pay; the'escrow itemst:
"2 'Lendegmay not.charge for holding and applying the Funds analyzing the account or+verifying: the'escrow ttems;'iUnless'�
lh'1Ail,; 'Lqh eripays1Borrower interest on the Funds and applicablelaw permits LendeP tolmake sgch-a'charge',BorrowerMand?
tiender'mayagree ;in;writing that interest shall be paid on;the Funds. Unlessan agreementiis,made or;applicablelaw5
� requires interest'to'be;paid, Lender shall not.be required to.pay.-Borrower any mterest.ot;eainings'on the Fundsi+Lender;
�;$� {kjshall:'give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the'Funds and they
1, ¢ u ose for which each debit to the Funds was made. The Funds arepledged as additional security for the sums secured by
W tl p '•i.'. «3 ,y+r 5,Tf�t�-rs'+t j'il�ir:trr !f ,,'t+firk't'tf=II
this Security Instrumenh
5 A"f'".If the -amount of the Funds held by Lender, �togetlier.with the,future monthly payments of Funds.payable;prior"toa
1 t Tthe due dli
ates of;t a escrow items, shall exceed the amount required'to'pay the escrow items when due; the excss shallSbe;
I +raf�Borrower's option; either promptly repaid to Borrower or credited to Borrower'oWmonthly,payments ofiFunds"Iflthe,
grog I. �;nfiaitiount'of the'Funds held�by Lender is not sufficient to pay the escrow items when°due, Borrower shall payFto Lender any
hl)l)it [[,amount necessary to make up the deficiency in one or more payments as required by!Lender tr?. ?;
;[;Upon paym6o tin full'of all sums secured by this Security.Instrument,+I ender shall promptly refund'to Borrower;
'dany,Funds'held by;Lende>.'If under paragraph,19 the Prope tyis sold or. ecqutred by Lender, Lendershall apply,Ino`later:.
thandmmediatelyprlor to, the sale of the Propertyur its acquisition by.•Lender,{any-Funds held by Lender -at thePt'ime�of
applicahon as a credit against the sums secured by this Security.Instrument
;i3 `;Application of Payments. Unless applicable law provides otherwise,+all payments receivedi.byyLender;unde I
paragraphs l and 2 shall be applied: first, [o late charges due under the Note, second; to prepayment chargesidu6tinderxth k
�INote; third;'to amounts payable under paragraph 2; fourth, to interest due, and last,• to principal due tl+ ;�?hl�" s�!l;�{� `ffl,ir,,l,���€
£ Yt yi+i,'r;;;4,:kCharges(Liens. ' Borrower shall pay all taxes, assessments,,charges
,•fines and tmposutons attributable;to+the,
e manner
SHt,' 1, Property which may attain priority over this Security Instrument; and, leaseholdtpayments or;iground7rents,tiif any
h�phallrs ons in provided in paragraph 2,1 onif ts'
c: o7 to be;paid undenthis paragraph. If Borrower makes these 55yments:dire6tly,,Borr6wer shall promptly furnish to Lender
,Y� )-iiv recet isevidencen the payments. ; : 1 ;' +,",fti.;;', —� =;... `......
:Ile^)°' elf 1 ,FP g P Y
, ;1,J 1#�f• t °� i� ?';rl; Dorrower'shall promptly discharge any lien which 11'us priority over this Secunty,Instrument unless Borrower ,(a)
d bllie lien in a
id L�nder;
It fa t}idhe lie[nting by, o� defend against enforcement of [hethe payment of te obgation el nyfn, legal pro edings which nfthe tender's:op pion opera eito
d'prAvenf•the enforcement the lien or forfeiture of any partlof the Propertyor,.(c)'secures00
agrees in from the:holderfofythe lien4an
jFaT''v` +I'u (agreement satisfactory to Lender subordinating the lien to this Secbrity In
ICLender'determines hat any;pa;t of
l;�ii�,?fF 'I +, the":Property is•subject to..a�lien which may attain priority over this Security Instrument, -Lender may,gtve Borroweca'
t(nohce,identifying the hen.'Borrower shall satisfy the lien or take one or more of the actions set!forth above'wthi"1'0 dal
t 7r �xf.'Of the gluing Of not Ice. :'',' •, ,;. t,i{i ,t,o' •iti( rylSyfp.+F,ir ,4 fi'.Mi i��vn4� 1,11RI'i7l`:7.
` { rwissli{A'1^i, 5 +Hazard Insurnnce Borrower shall•keep the improvements now existing or hereaftererected•'onthe+Property,
,41v 3,4'j,� nsuied agamsfloss by fire, hazards included within the term "extended coverage",.'and'any:other hazards'fornwhichlLeniler
t requires' insurance.. This insurance -shall be maintained in the amounts and for the_periods_thaL.Lenderlequtres The
if =j1 a ��;rE =insurance carrier'providing the insurance shall be chosen by Borrower subject to Lender's approval which'shalla]!riot"be
ri A Y I P g ,,.�. , .IV �, �.t�+'�,r53if�[�+` AI
t;3tr, K7 unreasonably withheld..''... 1
; y bl't't1 All insurance policies and renewals shall be acceptable to Lender and shall include: a standard mortgage clause
rr y"t;`tnl4yFgltiender shall•have'the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event. of loss, Borrower shall give prompt notice to the insurance
carrier. and Lender. Lender may make proof of loss if not made promptly by Borrower
,up(til�f l.)nk,ditf ;^ i Unless Lender and Borrower otherwise agree in writing, insurance proceeds,shall lie applied to restoration or repair
)i "of,the Propertydamaged, if the restoration or repair is economically feasible and Lender's security is not lessened.'If the
s'!restoration or repair is not economically feasible or Lender's security would be lessened; the insurance proceeds shall`be
rJapplied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower:'df
4SIF'r3Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
toffered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair _or restore.
i'the".Properly or to.pay sums secured by this Security Instrument, whether or not. then due. The 30 day period -will' begin
m^Y ili ttrltP�, ^ when the notice is given.
�4ORIV; Unless Lender and Borrower otherwise agree in writing, any application of proceeds.to principal shall not extend or
vpostpone the due date of the monthly payments referred to in paragraphs 1 and 2'or change the amount'of the payments'If
t ll'`Y' eq under paragraph 19 the Property is acquired by Lender, Borrower's right to any.idsurance policies and proceeds resulting
r l nxl; p l'4tfronr'damage to the Property prior to the acquisition sliall pass to Lender to the extent ofthe !sums secured
+'rl
by this Securttyl
IJIInstrument immediately prior to the acquisition.
Preservation and
ntenance of
ower sliall not destroy, damage
:i�p�ohangethe Property, allow heiProperty to deteriorate orscommit waster If thWSecuri y In*strumentn. s 6n!aleasehoJd
+1?{Borrower shall comply with the provisions of the lease, and if Borrower acquires.fee tale to the Property; the leasehold and'
'; t'p; r; LrMiVfee title shall not merge unless Lender agrees to the merger m writing.
7. Protection of Lender's Rights in the Property; Mortgage Insurance, If Borrower fails to'perform'the
nts
ned in
e is a legal
`Sdtia - Is
9+'L'ender'srights inethe eProperty i(s ch as this
s proceeding in bankruptcy, probate, proceeding probate, forcondemnatio or to enforce affect lawor
f;,Y(;,tn,tXjiiilJ`�,�"iregulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights
' _" ,If(,.;,'� rm the Property. Lender's; actions may include paying any 'sums secured by a lien which has priority over this Security
,
n t+,l.!. I tl,:2 l i "Instrument, appearing in court, paying reasonable attorneys' fees and entering on the -'Property to make repairs Although
Ik„ f}+Lender may take action under this paragraph 7, Lender does not have to do so.
,t Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security instrument. Unless i3orrowr:md Lender agree to (ither lernis orpaiymenl, these aunounts shall bear interest from
the date or disbursement at the Note rate and sliall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
4
' 1
.....'.-.........._-...:........ ....-...n--:•tin:-.: van. ,,....••r-r{p; S"..Ff:4M1II r...; q,, t�:4r�rn}w

�
I
..
lr ]' ; •,
,IV , .i � 1 III r I {
'
,4T
,
[Space Above This Line For Recording Data]
£ � V
DEED OF TRUST 1
';'
„1 ;
HIS DEED'
OI'TRUST ("Security Instrument") is mule on ..........,. � ' July 10 , -
;;;The grantor is' .... M,rjean B.,,,Rosel.... unmarried...................
....Nostr
' (Borrower) The trustee is a an...'and' Riche
.:.........:.............I..........
night............................................................................,....:. . ' ('Truslcc'')..Tliebcneficia
tar ➢ank I .i:..........:,, which is organized and exis
le laws of,the.aEa>e..of..Virginia ....... ..............{,, and whose address is 0 Box 179x
aF.4dX'�,a� � .................. 1 � (Lende
er'owes Lender the principal sum of I' U , TIJOU,SAND„ AND,,,QQ/ j QQ ,,,
,,,•,,,,,,,••,,,-,,„.4........................... Dollars (U.S. $...40, 000 00 ) This debt is evidenced by Borrower's
ie'same date as this Security Instru nt ("Note"), hich provides for monthly payments, with the full debC.it
Jul 1999, ... .. or . tl
lier;.due and payable bn ............X. r 4.1..... .
urity1nstrument secures to Lender: (a) the repaymentof.the debt evidenced byithe,-Note, with interest'
„ant
s ;extensions'and modifications; (b) the payment of all other sums, with;interest,advanced!under;paragraph'
the security of this Security Instrument; and (c))the performance of Borrower,'sicovenants!and agreements;w
lrity Instrument and the Note. For this purpose, Borrower irrevocably grantsand'conveys toTrustee.and.-Trus
In and assigns. in trust, with power of sale: the folCouing North Ca propertyJocated 1m i E . }1ij 4iM1r',
i.
g.Lot No. Two Hundred Thirty—four (234), of Brigandl.s'Bay',^iri'Dare.•Ctiunty',''
lina, and being t:ie same property conveyed by Deed;, recorded ;in;Book,216';lpa
he!Deed Records of said County, to .which reference is;:made:;•for_ grips=title.
+ e Yf f {
� ,
1 „
•
rl
' y
u IIrI{ jJ`
tlii',l;Iai"+`�)1 ich has the address of ,Lot 3l Ca(Itin's Court, Rri4and's Ba�,.S/D, Frisco , t ft, ..
t
( n v ! Mc
(Street] Icily] ..... ,
s North Carolina...27936.................................... („Property Address"); y4
(Zip Codel V. 1.+ I
tTO,HAVE AND To HOLD unto Trustee and Trustee's, successors and assigns, forever, together -wit h'uil the
improvements now or hereafter erected on the preperty, and all casements, rights, appurtenances, rents, royalties,' minerals'.'
oil and'gas rights and profits, water rights and stock and all fixtures now or hereafter'a part of the'property:.All:;{
replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to. in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
Tills SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
NORTH CAROLINA—Single' Family—FNMA/Fi1LMC UNIFORM INSTRUMENT Form 3034 12/83
44733 SAF SYSTEMS AND FORMS
CHICAGO, It.
I