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HomeMy WebLinkAbout91484C - Jolly, John 0"'Aix,. n CAMA r I DREDGE & FILL No. 91484 A BCD GENERAL PERMIT Previous permit Date previous permit issued New n Modification I I Complete Reissue n Partial Reissue As authorized by the State of North Carolina,Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I 5A NCAC \ 7 C--X-N _) In Rules attached. 0 General Permit Rules available at the following link:www.deq.nc.gov/CAMArules Applicant Name ^�'+N ✓I 1 •4 Authorized Agent A vll.(d,e_ k � : L- ,, Address �;%'/1 VW-I-era �- Project Location(County): ' i4-1.,1-4.--t.4. City `1lkte Pr State AI L. ZIP S Street Address/State Road/Lot#(s) r!o C)(o l3/cu,Ot ict.p.1i-(_ Phone#O!°) ) z1c5-'- > ff( ,� Email V`t�( `)O 11 e G,rptGt i I CO,v• Subdivision 5\z,.�r KJ.Ak.., U City i C ,.; .i C. _ ZIP 2 V c- C1 n rr Affected III cw E EW l'P'TA El ES PTS Adj.Wtr.Body N A r? 4,/I.' -( &man/unk) AEC(s): ❑IDEA ❑IHA ❑UW III SPIMA n PWS Closest Maj.Wtr.Body /J P p iK i v't t ORW:yes/no PNA:yes/no Type of Project/Activity ;a eo + _ - (Scale:I r S o ) Shoreline Length Access Length L ..._..._... I Pier(dock)length o ist* Fixed Platform(s) �� { im 1 ' i f Floating Platform(s) 4...............4.4 I Ai Wes,f \,-t.A.-► i _ Finger pier(s) I` F- /' Total Platform area � E (eexS1v1 it;434: CI .� i IP• Groin length/# S 11 7 1 } ` `S4j 1 l� �, 4 Bulkhead/Riprap length - �— .._ tn;e ( J-__ � 4.. ' l Avg distance offshore I _ i ' rr''S��i '' Breakwater/Sill .� I a _. ....... t`f4 Max distance/length t , - . , 1 Basin,channel �� I j "' • diX�+ Cubic yards /� l._ l�_... ......& t4C.In+cS Boat ramp / Boathouse/Boatlift 1 )t 13‘ _ �� , I Beach Bulldozing /� v '- -f - 1. Other ,/ / 1 .- � 1.1111111 yj SAV observed: yes o iJM., L Moratorium: n/a yes no Site Photos: yes no,. ! i Riparian Waiver Attached: yes no , ) _ A building permit/zoning permit may be required by: MtsikliksoLck C t. n Permit Conditions I) 1-'1,-Pnv. ,> c ,i^ IA Pxtc4-,n °l c k t:, .4 /�,f I I TAR/PAM/NEUSE/BUFFER(circle one) � .,) '00 fr. ,1-1i- n See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWWRE OF STATUTES,CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) /4-'))/7L 1. Wr.(1✓ C Hy I Agent or Applicant PRINTED Name Permit Officer's PRINTED Name LA,...i G Signature**Please read compliance statement on back of permit** Signature Application Fee(s) Check#/Money Order Issuing Date Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar- Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters Washington District 400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889 252-808-2808/1-888-4RCOAST Fax: 252-247-3330 252-946-6481 (Serves: Carteret,Craven—south of the Neuse River,Onslow Fax: 252-948-0478 Counties) (Serves: Beaufort,Craven—north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Elizabeth City District Wilmington District 401 S. Griffin St. Ste. 300 127 Cardinal Drive Ext.Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax: 910-395-3964 (Serves: Bertie, Camden,Chowan,Currituck, Dare, Gates, Hertford, (Serves: Brunswick, New Hanover and Pender Counties) Pasquotank and Perquimans Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 �,o1°``°"�'"tfICAMA DREDGE & FILL No 91484 ABC D GENERAL PERMIT Previous permit .-- Date previous permit issued New Modification ['Complete Reissue H Partial Reissue As authorized by the State of North Carolina,Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I 5A NCAC ❑Rules attached. ❑ General Permit Rules available at the following link:www.deq.nc.gov/CAMArules Applicant Name Authorized Agent Address Project Location(County): City State.•s d ` ZIP t Street Address/State Road/Lot#(s) i c i. (i fr' 4'A-* k Phone#( ) ) '/ Email . O 'c- -ti. CAs t I C(},v, Subdivision ) City f^`' , ZIP CS-4 Affected n CW EW n PTA n ES I I PTS Adj.Wtr.Body i<— (nat�lman/unk) AEC(s): 7OEA n IHA [1 UW n SPIMA ❑PWS Closest Maj.Wtr.Body r ,Vt.-1 ORW:yes/no PNA:yes/no Type of Project/Activity (Scaler r So. ) Shoreline Length i -� m.,� Access Length _ .1,_ . Um 1 ....._.. Pier(dock)length Fixed Platform(s) -`�.._ Floating Platform(s) r ----- 1111i11111fiiiiii.' 11 11 MR= Finger pier(s) MIMI 11111111111 11111111 1111111 l /- II Total Platform area ' ft , , Groin length/# Bulkhead/Riprap length 11-4- 41111 Avg distance offshore �' Breakwater/Sill ..i' ( � I Max distance/length '^�� .- Basin,channel „ 66 \ 1 Cubic yards .,r Boat ramp Boathouse/Boatlift X i 3 imqBeach Bulldozing �� ► Otherill i.„ el, . . 111111111111011111111111111111111 1 _ 4111111111 11111111 111111111111111 SAV observed: yes no r Moratorium: n/a yes no iif,I 111 t hi MIE I Site Photos: yes no — I am= , -- Riparian Waiver Attached: yes no ' ' IMO .W_ L _,. __ �� , A building permit/zoning permit may be required by: IQ, C t LA, ❑TAR/PAM/NEUSE/BUFFER(circle one) Permit Conditions s,t b ,,cr 4 , ,f,-{, ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AW,RE OF STATUTES,CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) Agent or Applicant PRINTED Name Permit Officer's PRINTED Name Signature**Please read compliance statement on back of permit** Signature Application Fee(s) Check#/Money Order Issuing Date Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar- Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters Washington District 400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889 252-808-2808/1-888-4RCOAST Fax: 252-247-3330 252-946-6481 (Serves:Carteret,Craven—south of the Neuse River,Onslow Fax: 252-948-0478 Counties) (Serves: Beaufort,Craven—north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Elizabeth City District Wilmington District 401 S.Griffin St.Ste.300 127 Cardinal Drive Ext.Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax:910-395-3964 (Serves: Bertie,Camden,Chowan,Currituck, Dare,Gates, Hertford, (Serves: Brunswick, New Hanover and Pender Counties) Pasquotank and Perquimans Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 Project Narrative for John Jolly Boat Lift Proposal To Whom it may concern, Our project is located at 606 Blair Point Road in Morehead City, NC. We are proposing to install a new boat lift. The purpose of the new boat lift if for recreational boating and fishing. Thank you for your time and consideration on this proposal. The project proponent hereby certifies that all information contained heroines true, accurate and complete to the best of my knowledge and belief. The project proponent hereby requests the the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Sincerely, Andre Webb AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: John R. Jolly Mailing Address: 621 Walters Drive Wake Forest NC 27587 Phone Number: 919-455-7098 Email Address: jayrjolly@gmail.com I certify that I have authorized Andre Webb Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Major Permit for Lift at my property located at 606 Blaire Pointe Road, Morehead City, NC 28557 in Carteret County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. 'roperty Owne nformation: 0% Si. :ture John R Jolly Print or Type Name Owner Title 07 /03 /2023 Date This certification is valid through 12 I31 /2024 N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: John R Jolly 606 Blaire Pointe Road, Morehead City, NC 28557 Address of Property: Mailing Address of Owner: 621 Walters Drive, Wake Forest, NC 27587 Owner's email: layrjolly@gmail.com Owner's Phone#: 919-455-7098 Agent's Name: Andre Webb Agent Phone#:(252) 665-4378 Agent's Email: webbddc@gmail.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) 1 hereby certify that I own property adjacent to the above referenced property.The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing,with dimensions, must be provided with this letter. DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave.,Morehead City,NC 28557.DCM representatives can also be contacted at(252) 808-2808. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15'from my area of riparian access unless waived bysne (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15'setback Gym. Signature . d' ent 'iparian Property Owner -OR- I do not wish to waive the 15'setback requirement(initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: 0 • Mailing Address of ARPO. 0 L+ ARPO's email: 011 Sw S.�S•cd1+� ARPO's Phone#: 4 -10/0 Date: Z" *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 , • ,''' . . .1,. N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIOHN/WAWER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: John R Jolly 606 Blaire Pointe Road, Morehead City, NC 28557 Address of Property: Mailing Address of Owner: 621 Walters Drive, Wake Forest, NC 27587 Owner's email: jayrjolly@gmail.com Owner's Phone#: 919-455-7098 • Agent's Name: Andre Webb Agent Phone#:(252) 665-4378 Agent's Email: webbddc@gmail.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property.The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. VezI DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave.,Morehead City,NC 28557.DCM representatives can also be contacted at(252)808-2808. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by+me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15'setback Signature of dja nt Riparian Property er' -OR- I do not wish to waive the 15'setback requirement(initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: 5 Mailing Address of ARPO: / ARPO's email: �--� CR�P0's Phone#: 7Cr � -2O" )^, Date:12_1Z j waiver is valid for up to one year from ARPO's Signature* Revised May 2021 i ~ ts 11gs U Z JOHN JOLLY BOAT LIFT ADDITION U m 606 BLAIR POINT ROAD, MOREHEAD CITY, NC 28557 . o CARTERET COUNTY J� om o ▪o Z O z = a � n i%xt. ce w to u ... , V PROJECT SITE 1 a b z N 0 • ‘? CO w N Z R2 Z D z N Z Tc _. . mir J PROJECT LOCATION MAP «« a' l: i 1 1 1 ,. I I I I 1 I , Il '••• ,— I I XI I m 1 0 I G7 I rn ' I; I . Z 1 1 1 Z p m P I II` LO pp 1 �; n C C S — 1 1• m _ 1 2 77' c§ ii i ____._ Th_ _ CO49 ttl:-634 • • • • • • I r ••• •• • _RIP 1 '-r-*-.J__• m 1 tp 1.... - ......- _RIP�p����cm N nri -Ip 220 uNE X X X 2 g$'- IIIIy >. III ------ 54K I ; I I ---- I Q AR animmai • • U O I U en N (.+ x' (n N X Xf X • • • • • • 4 7.4, I- -v-- a,• . •.•;•;7- •• y • • r-._ . • • _ • ••••; ••; • - 5•y. 5 •I � bit : •.• /� • • • -�-. - RIP- i ( I f •A. UNE_ 4gI • • . 4• 4 Yj `zz c '• &)0EGEOF MAR,. TOEDG82 I 1 E gti OF MARSH 4m m \ I•gi" \\ t. 64 I\ •. Ea' • • . 4041 . 014 . 40 11 `1 1 1 0 II Wcf3l3 RAFTING&[�E51GN JOHN JOLLY °' 07/15/2023 ANG � 606 BLAIR POINT ROAD MOREHEAD CITY, NC NOS Rik PtoJICS,10.:- n 3413 A OLP AVM"POAI) 'd o toy: a orloq�rn.r-1 NEW C K't 1,NC 28562 Johi ajor.dr7 /N EXISTING SITE PLAN meat no. revision by dot. 252-665-4'78 2 OF 4 i : I 1 1 , ` i I r- Xo m 1 1 r CP I I m 1 •f,' I. z 11 co o p 1 z o 1 f,' • o m 1 = E CO kol I N C C S tl O ' I- m D I 1 o z 1 C — 1 m __ , m = i 1 1 1 f• 1 illi 11 t,Qg • ' I / I • • • • • • • I 1 •• '.' • • �._• •••• • 8c� le:3 1. • C • �0 1 I• • • • • • • • • __-- 15'RIP 'a N N _- 44 -""nllylS _ X 444 . 4444 = N' I �• I Z I I Z • 0 I J• 1" N I(..1Q n • ui o 1 it I X V V N X' ae X g X X I I44 N$ I I• ;1__ y 7 i - - Ln- . • •a• • •♦ .• -�--«�s__`� _15'RIPARIAN ,1' 1 . 4 ( I 1 P • --__RIPARIAN�AIE_ g - ---- - TO n4 \ 1• ED(,�OF MARSH • \\ 1' Z \ y` E \\ lµ• a • ♦ a ♦ a Q \ x 1 1� 7 WE136 0 AfilNG&DE5IGN •ropes •"•: 07/15/2023 R JOHN JOLLY mr. ANIn NEf3D 606 BLAIR POINT ROAD MOREHEAD CITY, NC ,, D poc no.:.. 34I AOI t7 Wt POR t OAt7 nq: • w,n m./ 1 bhl�oiy tior.d n NEW f3Ek'N,NC 28562 PROPOSED SITE PLAN no. revision by dote 252-665-4'75 3 OF 4 a Y u a " U z Z U 0 = = J EXISTING ROOF COVER >-LJJ ``' J c �M J Q c PROPOSED BOAT LIFT—N o � SLIP #3 o 1- m �Z o Lu a N EXISTING FINGERclo DOCK g a- coa I I 1 i a p m NHW a a NLW MUDLINE _ _ Q 2 � p_ Z ,f �yGy _.\\_ _ N - \._ - - MUDLINE PILING T.,- PROPOSED PROFILE ELEVATION p. SCALE: 1/8"=1'-0" <(</{ iimii11 NORTH CAROLINA,CARTERET COUNTY PIE 111443006 This Instrument and this oer flosto are duly Bad at the date and time In the Book and Page shown on the first page FOR REGISTRATION REGISTER OF DEEDS Joy Laurance EV Car tarot Cnty, NC IatDaO n RopNr alOaeda April ::, 2013ou 02:47,16 PM BWC BIT 19 P • FEE, $72.00 FILE 11 1443006 [Space Above This Line For Recording Data] jPrepared By and Return to: DEED OF TRUST MASON&MASON PA. DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding ega ng the usage of words used in this document are also provided in Section 16. (A)"Security Instrument'means this document,which is dated April 8, 2013 together with all Riders to this document. (B) "Borrower+ is(are) JOHN JOLLY(who took title as John R. Jolly, Jr.) and wife, /n0( CYNTHIA M JOLLY GAT AO OF Borrower is the trustor under this Security Instrument. (C) "Lender"is STATE EMPLOYEES' CREDIT UNION .Lender is a Corporation organized and existing under the laws of North Carolina P.O. DRAWER 25279 RALEIGH, NC 27611-5279 Lenders address is Lender is the beneficiary under this Security Instrument. (D)"Trustee" is JAMES C. BLAINE (E)"Note" means the promissory note signed by Borrower of evendate herewith or dated April 8, 2013 The Note states that Borrower owes Lender SIX HUNDRED FIFTY EIGHT THOUSAND AND NO/100 Dollars $ 658,000.00 (U.S.( ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MAY 1,2043 (F)"PropeftY"means the property that is described below under the heading"Transfer of Rights in the Property." (G)"Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due tf under the Note, and all sums due under this Security Instrument, plus interest. (H)"Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: 3� ®Adjustable Rate Rider ❑Condominium Rider ®Second Home Rider ❑Balloon Rider ®Planned Unit Development Rider ❑Other(s)[specify] II ❑1-4 Family Rider ❑Biweekly Payment Rider North Carolina--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 3/06 (page 1 of 13 pages) (((..�N�/�__ e4p- BOOK 1`{- 3 PAGE [ 1 (I) "Applicable Law"means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (J)"Community Association Dues, Fees, and Assessments"means all dues, fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer"means any transfer of funds, other than a transaction originated by check,draft,or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument, computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (L)"Escrow Items" means those items that are described in Section 3. (M)"Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5)for: (i) damage to,or destruction of,the Property; (ii)condemnation or other taking of all or any part of the Property;(iii)conveyance in lieu of condemnation; or(iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. (N)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (0)"Periodic Payment"means the regularly scheduled amount due for (i) principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (P)"RESPA"means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.)and its implementing regulation,Regulation X(24 C.F.R. Part 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a"federally related mortgage loan" under RESPA. Q "Successor in Interest of Borrower'means any ) party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to 1 Trustee and Trustee's successors and assigns, in trust,with power of sale,the following described property located in the County of CARTERET . r [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. tf it which currently has the address of 606 BLAIR POINTE ROAD [Street] MOREHEAD CITY ,North Carolina 28557 ("Property Address"): (City] [Zip Code] ] NORTH CAROLINA--Single Family-- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT FORM 3034 1/01 (page 2 of 13 pages) of BOOK a ._PAGE�... .� ClU ( IE TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns,forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances,and 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. 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender: (a)cash; (b) money order; (c)certified check, bank check, treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this S Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note;(b)principal due under the Note;(c)amounts due under Section 3. Such payments shall be applied 1 to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one of more Periodic Payments,such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. NORT}I CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fo 3034 1/01. einzr BOOK t(<< j PAGE page 3 of 13 pages) By XArv��f } { 1 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Atsessments, if any, be escrowed by Borrower, and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be' paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the tr event of such waiver, Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,and Borrower fails to pay the 1 amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground t rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01 (page 4 of 13 pages) /) L_ _ /YI c BOOK LEI(L PAGE (�� i Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but onlyuntil such P 9 proceedings are concluded; or (c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term"extended coverage," and any other hazards including, but not limited to, earthquakes and floods,for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a)a one-time charge for flood zone determination,certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. 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- Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01 (page 5 of 13 pages) BOOK ! 3 PAGE, (- I such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrowers rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrowers control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. { Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse t proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrowers obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan. Material representations include,but are not limited to, representations concerning Borrowers occupancy of the Property as Borrowers principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),or(c)Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to protect Lenders interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include,but are not NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01 (page 6 of 13 pages) Wf/Af BOOK (4N 3 PAGE_ �. • { 1 limited to:(a)paying any sums secured by a lien which has priority over this Security Instrument;(b) i appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept,use and retain these payments as a non-refundable loss reserve,if permitted under Applicable Law,in lieu of Mortgage Insurance. Such loss reserve `. shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, if permitted under Applicable Law. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted under Applicable Law,or to provide a non-refundable loss reserve,until Lender's requirememt for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties)to these agreements. These agreements may requre the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). t NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01 (page 7 of 13 pages) Xif . . BOOK 14�I PAGE c if As a result of these agreements, Lender, any y purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing modifying the mortgage insurer's risk, or reducing losses. If such agreement provides f that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance." Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has -if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking,destruction,or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss of value divided by(b)the fair market value of the Property immediately before;he partial taking, destruction, or loss of value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss of value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01 (page 8 of 13 pages) _ ". e' BOOK 1_'-l±_3-PAGE �� // ,7,,; 1 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lenders judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a f ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lenders interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrowers obligations and liability shall be joint and several. However,any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any t! accommodations with regard to the terms of this Security Instrument or the Note without the co-signers consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrowers obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys'fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01 FF (page 9 of 13 pages) Offrz-'1 BOOK iti 3 PAGE (43 v 4� 1 I. f 1 t f f E 1 the principal owed under the Note ormakinga direct 1 p pby payment to Borrower. If a refund reduces principal,the f reduction will be treated as a partial prepayment without any prepayment charge (whether or not a E prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument i must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has i designated a substitute notice address bynotice to Lender. Borrower shall 9 promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. There may be only one I designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lenders address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument f. shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by ! this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and I obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a)words of the masculine gender shall mean and include r corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include the plural and vice versa;and(c)the word"may'gives sole discretion without any obligation to take any action. i 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security r. Instrument. t 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,"Interest t in the Property" means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a bond for deed,contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not f a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: • (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had 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,property i NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01 OF (page 10 of 13 pages) 1�N1._ CiY.T fT(�/1 rb 5� t1� BOOK )y't 3 PAGE = I i E r. i } i I 1 I inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender:(a)cash; (b)money order; (c)certified check, bank check,treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity;or(d)Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and 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 Section 18. 20. Sale of Note;Change of Loan Servicer;Notice of Grievance. The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due 111 under the Note and this Security Instrument and performs other mortgage loan servicing obligations under 1 the Note, this Security Instrument,and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a)"Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde, and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection; (c)"Environmental Cleanup"includes any response action,remedial action,or removal action,as defined in Environmental Law;and(d)an"Environmental Condition" means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use,disposal,storage,or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law, (b)which creates an Environmental Condition, or (c)which, due to the presence, use, or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 1/01 (page 11 of 13 pages) ,A_ BOOK I T-i 3 PAIGE Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows, 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)the default; (b)the action required to cure the default; (c)a date,not less than 30 days from the date the notice is given to Borrower, by which the default must be cured;and (d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure 9 9 proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys'fees and costs of title evidence. If Lender invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable • Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees of 5% of the gross sale price; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this Security Instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs.Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys'Fees. Attorneys'fees must be reasonable. NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 6/07 ; 1 (page 12 of 13 pages) BOOK jq(. PAGE 40 1 1 { BY SIGNING UNDER SEAL BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. JOH JO Y • -Borrower -Borrower /NT A '0 t Y by: John R. -Borrower -Borrower *r 2 = f Joll Jr,. Att in-f ct j Space Below ff'iis Lm�For/�cknow�edgment] STATE OF NORTH CAROLINA, Carteret County ss: I, fd 1-f . lei. 2v1 4aot. ,a Notary Public of the County of Carteret State of North Carolina,do hereby certify that John Jolly. amilividually and John R. JJol1y. Jr.. as Atty-in-fact for Cynthia M. Jolly by virtue of Power of Attorney recorded in —see 3, Page 4 7 Carteret County Registry personally appeared beford me this day and acknowledged to me that he or she voluntarily signed the foregoing instrument for the purpose stated therein and in the cipa4ct indicated. Witness my hand and official seal this day of Apr i 1 2013 My commission expires: g-0 1 —a0(,3 aaa�p\ vv.,' C_s=��7� ' Signature of Notary Public • NOTgHy�Yyz r` �T 0165,� I 17, A� Printed or Typed Name,Notary Public 13` /C TV/4 4.4444U STATE OF NORTH CAROLINA, Countyss: ,a Notary Public of the County of State of North Carolina,do hereby certify that personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing instrument for the purpose stated therein and in the capacity indicated. Witness my hand and official seal this day of My commission expires: Signature o o ary u is Printed or Typed Name,Notary Public s NORTH CAROLINA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 6/07 BOOK R4 3 PAGE t67 (page 13 of 13 pages) I 4 y1 CAPPED TWO-YEAR ARM RIDER JOLLY RIDER TO THE SECURITY INSTRUMENT NOTICE: THIS SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAINS A PROVISION ALLOWING FOR CHANGES IN THE INTEREST RATE.INCREASES IN THE INTEREST RATE MAY RESULT IN HIGHER PAYMENTS.DECREASES IN THE INTEREST RATE MAY RESULT IN LOWER PAYMENTS. This rider is made April 8, 2013 and is incorporated into and shall be deemed to amend and supplement the Deed of Trust,Mortgage or Security Deed(the"Security Instrument") of the same date given by the undersigned("the Borrower')to secure Borrower's Note("the Note")to STATE EMPLOYEES' CREDIT UNION (the"Note Holder')of the same date and covering the property described in the Security Instrument and located at 606 BLAIR POINTE ROAD • MOREHEAD LILY NC 285b/ (Property Address) MODIFICATIONS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Note Holder further covenant and agree as follows: A.INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note has an initial interest rate of 2•750 %.The interest rate may be increased or decreased every 24th month on each "Change Date" as described in the Note. Changes in the interest rate are governed by changes in the Index as defined in the Note. The Index is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year.The maximum change in the interest rate at any one time is 1.0 percentage points.The maximum interest rate variation over the life of the loan is 6.0 percentage points over or under the initial interest rate.The interest rate will not change below 2•750%. The monthly payment amount may be adjusted every 24th month to take effect on the month following each Change Date as described in the Note.The new monthly payment amount is based on the interest rate in effect on the Change Date and will remain in effect until the month following the next succeeding Change Date. B.LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then: (i) the interest rate or any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits; and (ii) any sums already collected from Borrower which exceeded limits shall be refunded to Borrower.The Note Holder may choose to make this refund by reducing the principal of the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment. C.TRANSFER OF PROPERTY Paragraph 18 of the Security Instrument is amended to read as follows: { Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or an interest therein is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without the Note Holder's prior written consent, Note Holder may, at Note Holder's option, declare all the sums secured by this Security Instrument to be immediately due and payable. SECU 640A(01/2012) Two Year ARM Rider ' BOOKLii.LPAGE JOLLY C.TRANSFER OF PROPERTY(continued) If Note Holder exercises such option to accelerate, Note Holder shall mail Borrower notice of acceleration in accordance with Paragraph 15 hereof. Such notice shall provide a period of not less than 30 days from the day the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period,Note Holder may,without further notice or demand on Borrower,invoke any remedies permitted by Paragraph 22 hereof. 1 1 The Note Holder shall have waived such option to accelerate if, prior to the sale or transfer,the Note Holder and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to the Note Holder. As a condition to waiving the Note Holder's right to accelerate, the loan terms, including the interest rate payable on the Note,the Margin for future interest rate changes(as that term is defined in the Note),and the maximum interest rate Cap of 6.0 % above or below the initial interest rate shall be subject t}t to modification by the Note Holder. Notwithstanding a sale or transfer, the Borrower will continue to be obligated under the Note and this Security Instrument unless Note Holder has released Borrower in writing. D.BORROWER'S RIGHT TO REINSTATE Uniform Covenant 19("Borrower's Right to Reinstate')is amended to read as follows: Uniform Covenant 19 of the Security Instrument("Borrower's Right to Reinstate") is deleted;provided,however,in the event Lender sells, assigns or otherwise conveys its interest in the Note and this Security Agreement to the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation,then Note Holder agrees to permit reinstatement according to the Covenant 19 of the Security Agreement. E.ASSIGNMENT OF RENTS;APPOINTMENT OF RECEIVER; LENDER IN POSSESSION As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under Paragraph 22 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 22 hereof or abandonment of the Property, Lender, in Person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not r limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. By signing this,Borrower agrees to all of the above. In Witness whereof,the undersigned has set his hand and adopted the word(Seal)appearing beside his signature as his seal this the year and date first above appearing. ,�r (SEAL) Borrower -- (SEAL) Borr J N ���'L� i "7 (SEAL) (SEAL) Bor werCYNTH OLLYby:j John R. Borrower j , ��f+ Jolly, Jr., Atty-in-fact SECU 640E(02/2011) Two Year ARM Rider BOOK l/y 3 PAGE 1 JOLLY PLANNED UNIT DEVELOPMENT RIDER 1 THIS PLANNED UNIT DEVELOPMENT RIDER is made Mir 1 8, 2013 and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trust or Security Deed (the"Security Instrument')of the same date given by the undersigned(the"Borrower")to secure Borrower's Note to STATE EMPLOYEES' CREDIT UNION (the"Lender")of the same date and covering the Property described in the Security Instrument and located at: 606 BLAIR POINTE ROAD MOREHEAD CITY NC 28557 (Property Address) The Property includes,but is not limited to,a parcel of land improved with a dwelling,together with other such parcels and certain common areas and facilities,as described in 77 DB 1074 PG i-4-2 144 CARTERET COUNTY REGISTRY d'(the"Declaration"). The Property is a part of a planned unit development known as BLAIR POINTE (Name of Planned Unit Development) (the"PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD(the"Owners Association")and the uses,benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. PUD Obligations.Borrower shall peiform all of Borrower's obligations under the PUD's Constituent documents. The"Constituent Documents" are the (i) Declaration; (ii) articles of incorporation,trust instrument or any equivalent document which creates the Owners Association;and (iii)any by-laws or other rules or regulations of the Owners Association.Borrower shall promptly pay, when due,all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains,with a generally accepted insurance carrier,a"master"or'blanket"policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts(including deductible levels),for the periods,and against loss by fire,hazards included within the term"extended coverage,"and any other hazards,including,but not limited to earthquakes and floods,and for which Lender requires insurance, then: (i)Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property;and • (ii)Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. • What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage • provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property,or to common areas and facilities of the PUD,any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to • insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount,and extent of coverage to Lender. D.Condemnation.The proceeds of any award or claim for damages,direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD,or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums • secured by the Security Instrument as provided in Section I l. MULTISTATE PUD RIDER-Single Family-Fannie Mae/Freddk Mac UNIFORM INSTRUMENT FORM 3150(page I of 2 pages) BOOKLL&PAGE,, o JOLLY • E. Lender's Prior Consent. Borrower shall not,except after notice to Lender and with Lender's prior written consent,either partition or subdivide the Property or consent to: (i)the abandonment or termination of the PUD,except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii)any amendment to any provision of the"Constituent Documents"if the provision is for the express benefit of Lender: (iii)termination of professional management and assumption of self-management of the Owners Association;or (iv)any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due,then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall he payable,with interest,upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this PUD Rider. (Seal) dippsI' , r w / -Borrower (Seal) / � C_YNTH LLY -Borrower M by: John R. Jolly, Jr., Atty-in-fact 41-1-r� -Borrowe(Sealr) (Seal) -Borrower MULTISTATE PUD RIDER-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT FORM 3150 (page 2 of 2 pages) • BOOK Flit 3 PAGE 6 JOLLY SECOND HOME RIDER THIS SECOND HOME RIDER is made Apr i 1 8, 2013 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trust,or Security Deed(the "Secunty Instrument") of the same date given by the undersigned (the"Borrower," whether there are one or more persons undersigned)to secure Borrower's Note to STATE EMPLOYEES' CREDIT UNION (the"Lender")of the same date and covering the Property described in the Security Instrument (the"Property"), which is located at: ' 606 BLAIR POINTE ROAD MOREHEAD CITY NC 28557 (Property Address) In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6.Occupancy. Borrower shall occupy,and shall only use,the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan Application. Borrower shall be in default if,during the Loan application process,Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. • Material representations include, but are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's second home. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Second Home Rider. . #f (Seal) Borrower /71— (Seal) CYNTHI OLLY -Borrower .e7 �Y�pJy,�A. oily, J Atty-Seaact 2,S/� /� /�• -Borrower Alle (Seal) -Borrower MULTISTATE SECOND HOME RUDER-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT FORM 38903/99(page 1 of 1 page) • • • BOOKIjv 3 PAGE / • EXHIBIT"A" BEING all of Lot 9,Blair Pointe Subdivision,as the same is shown on a map recorded in Map Book 29,Pages 181-183, Carteret County Registry. This conveyance is subject to the Declaration of Covenants, conditions and restrictions of Blair Pointe Subdivision, recorded in Book 807,Page 437,and Book 808,Page 366,Carteret County Registry and any recorded amendments thereto. Grantors convey to Grantee all of their appurtenant riparian and littoral rights. { 1 1 1 4 1 tI 1 ' • ! BOOK) LI-3 _PAGE _ t![