32-05 Titsworth, Dan & Carol

Permit Class Permit Number
NEW 32-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission COPY
ikrmit �
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to N[CGS 113-229
Issued to Dan and Carol Titsworth, 4516 S.Hessian RD,Virginia Beach,VA 23462 (r�
Authorizing development in Chowan County at End of man-made canal off Chowan River, 100
Huron Trail (SR# 1250). Edenton , as requested in the permittee's application dated 11/12/04. including the
attached workplan drawings (2), dated 8/30/04 and the DCM field drawing dated 1/7/05
This permit, issued on April 13, 2005 , is subject'to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action;or may cause the,permit to be null and void.
Excavation
1) No excavation shall be permitted on the right (west) side of the existing pier. Excavation may proceed
as requested in the application dated 11/12/04 only to the left (east) of the existing pier in the designated
area outlined in the workplan drawings dated 8/30/04 and the DCM field drawing dated 1/7/05.
2 r ) Excavation shall not exceed -4 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered Charl <Jones, Director
Division of Coastal Management
hereunder requires further Division approval. g
A11 work shall cease when the permit expires on This permit and its conditions are hereby accepted.
f December 31,2008
-C�
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

Dan and Carol Titsworth Permit 432-05
Page 2 of 3
ADDITIONAL CONMITIONS
4) �No excavation shall occur at any time in any vegetated wetlands or surrounding waters outside of the
4rea idicated on the workplan drawing(s).
Spoil Disposal
5) All excavated materials shall be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
6) The disposal area shall be constructed a sufficient distance from the normal water level or any marsh to
eliminate the possibility of dike erosion into surrounding wetlands or waters.
7) No spoil material is to be placed within 30 feet of the normal water line.
Shoreline Stabilization
8) The riprap shall be placed as depicted in the attached workplan drawings dated 8/30/04 and the DCM
field drawing dated 1/7/05.
9) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the site by wave or current action.
10) The riprap material shall consist of clean rock, marl, or masonry materials such as but not limited to
granite or broken concrete.
f
Sedimentation and Erosion Control
r 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
13) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.

Dan and Carol Titsworth Permit#32-05
Page 3 of 3
ADDITIONAL CONDITIONS
General
14) The boardwalk shall be constructed as depicted in the attached workplan drawings dated 8/30/04 and the
DCM field drawing dated 1/7/05.
15) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
Y approvals or authorizations that may be required.
f NOTE: Future development of the permittee s property may require a modification of this permit.
XContact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
r
project initiation.
f
r
f NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 05-
0131.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3490 (DWQ Project No. 05-0131), which was issued on 3/24/05.
r
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198200277 (COE Action Id. No. 200510504) which was issued on 02/15/05.
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
April 13,2005
Dan and Carol Titsworth
4516 South Hessian Road
Virginia Beach,VA 23462
Dear Mr. &Mrs. Titsworth:
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. Please sign both the original (buff-
colored form) and the copy. 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. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [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 is 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.
Sincerely,
kov& V. k�
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http-//dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

f
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dan and Carol Titsworth
2. LOCATION OF PROJECT SITE: 100 Huron Trail, SR-1250, Arrowhead Beach
Subdivision, Chowan County, and on a man-made canal off the Chowan River.
Photo Index - 2000: 147-1871 (U-19) 1995: 147-1548 (J-10)
1989: 16-8 (P, Q-14) 1984: 106-878 (E-15) 1978: 118-500 (K-18)
State Plane Coordinates - X: 2676800 Y: 908700 Valhalla, NC
UL GPS: E010317A
3. INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/03/05
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - 01/07/05
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Chowan County
Land Classification From LUP - Conservation �+
(B) AEC(s) Involved: PTA, FW, CW, ES P9JAN 1 9 2005
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - On site septic Morehead City DCM
Planned - None
(F) Type of Structures: Existing - House, bulkhead, dock
Planned - Excavate canal, boardwalk, riprap
(G) Estimated Annual Rate of Erosion: 0
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED SHADED
(A) Vegetated Wetlands, 404 ES 250 sq. ft. 360 sq. ft.
CW, ES 750 sq. ft.
(B) Non-Vegetated Wetlands
PTA, EW 500 sq. ft.
(C) Other, ES 100 sq. ft.
Upland 3000 sq. ft.
(D) Total Area Disturbed: 4,960 (0.113 acres)
(E) Primary Nursery Area: No
(F) Water Classification: B NSW Open: No
8. PROJECT SUMMARY: The applicants propose to do maintenance excavation within an
existing canal adjacent to their property, construct a deck, and place riprap on their property.

Dan and Carol Titsworth
Field Investigation Report
Page 2
Project Setting
The development site is located at 100 Huron Trail (SR-1250), Arrowhead Beach subdivision, Chowan
County, and on a man-made canal off the Chowan River. The property consists of four adjacent lots
with a combined area of 25,850 square feet and has an elevation of approximately 6 feet above normal
water level(NWL). The property slopes downward from Huron Trail to an elevation of approximately
3 feet above NWL near the existing canal where a retaining wall separates the upland area from a
wetland that exists in the canal footprint. The wetland area is vegetated with Alligator weed on the
west side of an existing water access pier and Alligator weed and Typha on the east side of the pier.
The canal has a water depth of approximately -1 foot below NWL at the end of the pier. The bottom
is soft and consists of muck and detritus material. The layer of muck appears to be approximately 5
feet thick with a hard layer under the muck. The hard bottom layer appears to have been the original
bottom. The canal has a water depth of approximately -3 feet to -4 feet and appears to have not been
maintained in a long while.
The upland area on the property is vegetated with Pine, Maple, and Gum, as well as yard grasses. A
single-family dwelling exists on the property. The adjacent property on the west consists of a single-
family dwelling with a yard, bulkhead, and dock.
The adjacent property on the east consists of a single-family dwelling with a yard and dock. The
property on the east side has a canal bank approximately 6 feet above NWL. The applicants' property
is located at the head of the canal and has approximately 58 feet of canal frontage.
The waters of the Chowan River in this area are classified as B NSW and are closed to shellfish taking.
Development Proposal
In order to be able to utilize their existing pier for boating access, the applicants propose to excavate
the bottom of the canal adjacent to both sides of their pier to a depth of between-3 and -4 feet below
NWL. The areas to be excavated are approximately 25 feet by 24 feet on the west side and 25 feet by
36 feet on the east side. The applicants intend to reach a connecting water depth of-3 feet to -4 feet.
The excavation will be done by a mud pump that is the equivalent of a very small dredge. The bottom
material will be placed on lots 37 and 38, which are undeveloped. The applicants propose to place
riprap material along the canal bank along the east side from their property line to the existing retaining
wall, approximately 20 feet by 5 feet, to maintain the existing bank for lot 37.
The applicants propose to construct a 6-foot wide and approximately 60-foot long deck parallel to the
existing retaining wall.

i
Dan and Carol Titsworth �M1\\►J
Field Investigation Report
ED
Page 3
BIJAN 1 9 2005
Anticipated Impacts Morehead City DCM
The dredging of the canal bottom will result in approximately 500 square feet of Public Trust Area and
Estuarine Water, Areas of Environmental Concern (AEC), 750 square feet of Coastal Wetlands and
Estuarine Shoreline (ES) AECs, and 250 square feet of 404 wetlands within the ES AEC being
dredged. Approximately 170 cubic yards of muck bottom material will be removed and deposited on
lots 37 and 38.
The placement of riprap material will result in approximately 100 square feet of ES AEC being filled.
The construction of the 6-foot wide and 60-foot long deck will shade 360 square feet of 404 wetlands
located within the ES AEC.
The disposition of the spoil material will result in approximately 3000 square feet of upland area
covered with 1-1/2 feet of muck bottom material.
Submitted by: Frank A. Jennings, III
Date: 01/10/05

* Form DCM-MP-1
A1 1.9 2=05.., :.
PPLICATIONehe . ;: . `�
adr� t���
(To be completed by all applicants)
b. City, town, community o landmark
1. APPLICANT �� �dJ,-w
Street address or secondary road n r
a. Landowner: %D) a a 0A1
Name
1 d. Is proposed work within city limits or planning
Address
�S�b v. (`�t- l R DV � jurisdiction? Yes _k'No
�• c
`� , e. Name of body of water nearest project (e.g. river,
City i 1<li GW k JJA(. State `I creek, sound, bay) /��ri G F/�'I.t7A/ fyldlY_G'►�1A/,b�
Zip a 3 Day Phone
Fax I.S 7^ T"I ' 3. DESCRIPTION AND PLANNED USE
b. Authorized Agent: OF PROPOSED PROJECT
Name rV/�
a. List all development activities you propose (e.g.
P)/ building a home, motel, marina, bulkhead, pier, and
Address 4 excavation and/or filling activities.
City
N/!� State IV/A y coA)s'rkyG-r o-kigzAb M sl
Zip Day Phone /V//Q
b. Is the proposed activity maintenance of an existing
Fax N/1q project, new work, or both?
N/ c. Will the project be f public, ,��rw, ate or commercial
c. Project name(if any j /A use? ®��d I�TY_ Z5 �f 11�7_.--
d. Give a brief description of purpose, use, methods of
NOTE: Pem r%Q be issued in name of landowner(s),andlor construction and daily operations of proposed project.
If more space is needed,please attach additional pages.
project name. .5-X C,°�E^u TJ,_tJJ M A?-4 -[)o i J
M U 16 P(,A
2. LOCATION OF PROPOSED (30 OpC grJb 6QKDkrJ Err MY A 110lr.61
PROJECT ``oT
1 ti o;� t
f C,N D �� '6J ZAai" !l e8GP 2'= *AL' �X
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uPACPa MAK

Form DCM-MP-1
L. ..
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m. Describe existing wastewater treatment facilities.
4. LAND AND WATER s E�i Ic 6YsTi1PA
CHARACTERISTICS
Size of entire tract ;L�L SSb f4)T-- ' C� �c'� � n. Describe location and type of discharges to waters of
�� the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) A wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevation of tract above MHW or NWL
Nw�- - (o
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
)MAD N- /i?�i1e ('i0lJ/� l irl/.c�TSr�
e. Ve etation on tract YLM
Io�mImb5A
f. Man-made features now on tract ho u,& L� D&,eX
1` `t- �(JF.f C N4� 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land classification In addition to the completed application form, the following
of the site? (Consult the local land use plan.) items must be submitted:
_Conservation Transitional C!)
Developed Community A copy of the deed(with state application only) or other
Rural Other instrument under which the applicant claims title to the
affected properties. If the applicant is not claiming to be
How is the tract zoned by local government? 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
i. Is the proposed project consistent with the applicable out the project.
zoning? >/ Yes No
(Attach zoning compliance certificate,if applicable) �An accurate, dated work plat(including plan view and
cross-sectional drawings) drawn to scale in black ink on
j. Has a professional archaeological assessment been an 8 1/2" by I V white paper. (Refer to Coastal
done for the tract? Yes t/No Resources Commiccion Rule 7J.0203 for a detailed
If yes, by whom? 41A description.)
k. Is the project located in a National Registered Historic Please note that original drawings are preferred and
District or does it involve a National Register listed or only high quality copies will be accepted. Blue-line
eligible property? prints or other larger plats are acceptable only if an
Yes ✓ No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of Engineers
1. Are there wetlands on the site? v/ Yes No regarding that agency's use of larger drawings.) A site
Coastal (marsh) -/ Other or location map is a part of plat requirements and it must
If yes, has a delineation been conducted? be sufficiently detailed to guide agency personnel
(4ach documentation, if available) unfamiliar with the area to the
site. Include highway or secondary road(SR)numbers,
Revised 03/95

�
Form DCM-MP-1 ma"
JAN 1 9 2005
landmarks, and the like. l' 6. CER SSION
N TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
OOA list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in the
signed return receipts as proof that such owners have application. The project will be subject to conditions and
received a copy of the application and plats by restrictions contained in the permit.
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the I certify that to the best of my knowledge, the proposed
proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name R- WILN M 164 I certify that I am authorized to grant, and do in fact, grant
Address OS AA VA iU, A V9, permission to representatives of state and federal review
Phone VXJ 233k�- agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name /t'► 2-MdS, Z"-.- I aC i 1SAfTK s" permit application and follow-up monitoring of the project.
Address 221 q A 1 R 82KI 101'D 15()FFa-kI d_h
Phone I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone .L _ day of
This is the
C\*J A list of previous state or federal permits issued for print Name 6AP\,OL
work on the project tract Include permit numbers,
permittee, and issuing dates. Signature
`r O` 6, 'r e7�LJh Landowner or Aauhoriud Agent
q, Please indicate attachments pertaining to your proposed
• A check for SM made payable to the Department of project.
Environment,Health, and Natural Resources (DEHNR) i/ DCM MP-2 Excavation and Fill Information
to cover the costs of processing the application. DCM MP-3 Upland Development
• A signed AEC hazard notice for projects in oceanfront DCM MP-4 Structures InformationDCM MP-5 Bridges and Culverts
and inlet areas. r�4 DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE: Please sign and date each anachment in the space
Environmental Policy Act (N.C.G.S. 113A - 1 to 10) provided at the bottom of each form.
If the project involves the expenditure of public funds or
use of public lands, attach a statement documenting
compliance with the North Carolina Environmental k; ,*:,p ;. „,;;•,,,;W•,., k;,:. ::;'
Policy Act.
1 CEP f, 204
1:�un4Rri✓kiv .r 1,A J f� .�
Revised 03/95

OCT-06-2004 WED 12:08 PM DCM-DMF E. CITY FAX NO. 252 264 3723 P. 02
gorm.)DCmim1 4"
.: RECEIVED
TIO
E.X'�U 1
11 4 Nov9 Z
COASTAL MANAGEMENT
A" FILL
ELIZABETH CITY
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major 1, EXCAVATION
Permit, Form DCM-MP-1- Be sure to complete all other
sections of the Joint Application that relate to this proposed
project. Amount of material to be excavated from below
MFCW or NW L in cubic yards 66(y Exi
Describe below the purpose of proposed excavation or till
activities. All values to be given in feet. b. Type of material to be excavated
Averige F'mnt c, Does the area to be excavated include coastal
t,e�h Width E � wetlands (marsh), subtnerged aquatic vegetation
Jkpth (SAVs) or other wetlands? :Z Yes _ No
Access channel
(MLW)or(NWL) d, Highground excavation in cubic yards dam)
Canal
2, DISPOSAL OF EXCAVATED
` Boat MATERIAL
basin
a. Location of disposal area �•'�
Boat
ramp
b. Dimensions of disposal area .-. iO sk X bD
Rock
grow ti. {;:,';-'�° :'-�`'+'`,'�' c. Doyou laim title to disposal area?
Yes No
If no, attach a letter granting permission from the
Rock .4°=z%=:v` owner.
breakwater
d. Will a disposal area be available for future
Other maintenance? / Yes — No
(Excluding if yes, where?
shoreline
stabilization)
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes —1.1 No
f. Does the disposal include any area in the water?
Yes -/No

OCT-06-2004 WED 12:08 PM DCM-DMF E. CITY 2 P. 03
VED
JAN 1 9 2005 '10V
9Mbrcft
tv
201:
t,pASTpL �
(marsh), SAVs rr ocher wetlands?
3. SHORFUNE STABILIZATION ---- Yes —Z— No
If yes,
(1) Dimensions of fill area
a. Type of shoreline stabilization
Bulkhead �'/` Ripra (2) Purpose of fill
&HT
b. Length
c. Average distance waterward of MHW or NWL 5. GENERAL
d. Maxim4px distance waterward of MHW or NWL w+ a. How will excavated or till material be kept on site
t� and erosion controlled'?
47
t, Shorelinne er ion during preceding 12 months
(Source of infoa•►lnrion) o�_YKELD 4)
>� b, What type of construction equipment will be used
f. Type of bulkhead or riprap material (for example, dragline, backhoe. or hydraulic
dredge)?
g. Amount of fill in cubic yards to be placed below water
level
(1) Riprap c. Will wetlands be crossed in transporting equipment
(2) Bulkhead backfill -7f�. _ to project site? Yes No
If yes, explain steps that will be taken to lessen
h. Type of till material AL02& environmental impacts.
i. Source of fill material iLCIIAIL
AppU ut ur Project Names
4. OTHER FILL ACTMTrES
(Excluding Shoreline Stabilization) St
a. Will till material be nought to site?
Yes No
If yes.
(1) Amount of material to be placed in the watcr ..
(2) Dimensions of rill area -
(3) Purpose of fill

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DIVISION OF COASTAL MANAGEMENT /7 t,' zi f
APPLICATION TRANSMITTAL AND PROCESSING RECORD �®
A) APPLICANT: Dan and Carol Titsworth County: Chowan
LOCATION OF PROJECT: 100 Huron Trail, SR-1250, Arrowhead Beach Sub LE��
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 01/07/05 10
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES JAN 1 9 2005
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: Y Morehead City DCM
FIELD REPRESENTATIVE: Frank A. Jennings, III DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: Ted Sampson, 01/14/05 B) DATE APPLICATION RECEIVED IN RALEIGH: DI l O S FEE REC'D: $400 (POM
PUBLIC NOTICE REC'D: 0112[P/46 END OF NOTICE DATE: 021IS14.5
ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D:
APPLICATION ASSIGNED TO: l/t/pa ,/t-L ON: !/-13/0S—
C) 75 DAY DEADLINE: 03123106 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO/
Coastal Management- Regional Representative ✓ C� / '�s i
Coastal Management- LUP Consistency
Division of Community Assistance t/
Land Quality Section 3 0 1/
Division of Water Quality
Storm Water Management(DWQ) ��� � ✓ N�_ 0
��so•I�
State Property Office
Division of Archives&History
Division of Environmental Health ?,
Division of Highways /3 ��
Wildlife Resources Commission / /�l 05 y� 4AJw M
Division. of Water Resources
Division of Marine Fisheries
Submerged Lands (DMF)

Permit # O5
DCN1 Coordinator: "di wabLE
MAILING DISTRIBUTION:
A
Permitee:
Agent:
DCM Field Offices:
Ci
orehead Ci
Washington
Wilmington
US Arm f Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(N DOT)
Raleigh Blan
Wilmington: Dave Timpy(NCDOT)
Henry Wicker
Cultural Resources: Renee Gledhill-Earl
Environmental Health: Terry Pierce
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: Patty Fowler✓
State Property Office: Joseph Hendersor�
Water uali di Karoly(for non-DOT
John Hennessy
rW�ild�life
rces: John Sutherland
ources Maria Tripp
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCNI Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
IX'ilnungton: Dave Timpy(NCDOT)
Henry Wicker(910/2514025)
CAMA Major Permit Process Manual Page 70 of 70

O�0F W A lERQG Michael F.Easley,Governor
y William G.Ross Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
\y/ Alan W.Klimek,P.E.Director
it Division of Water Quality
APR p 6N� 24, 0s
DWQ Project#05-0131
MoreheadCity pCM Chowan County
Carol and Dan Titsworth
4516 S. Hessian Rd.
Virginia Beach, VA, 23462 RECFivpn
Subject Property: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision
APR 0 4 2005
Approval of 401 Water Quality Certification(3490)with Additional Conditions OIV.OF WASTAL MN AGEMENT
RALEIGH
Dear Mr. and Mrs.Titsworth:
You have our approval, in accordance with the attached conditions,to place fill material within or
otherwise impact 0.043 acres of waters to perform maintenance excavation and construct a deck on your
property as described in your application received by the Division of Water Quality(DWQ)Wetlands/401
Unit on January 24, 2005. After reviewing your application,we have determined that the Division of
Water Quality(DWQ)General Water Quality Certification Number 3490 covers these water impacts.
This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of
Engineers(USACE). In addition,you should get or otherwise comply with any other federal, state and
local requirements before you go ahead with your project including(but not limited to)erosion and
sediment control regulations and CAMA. Also,this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application shall expire upon expiration of the
404 or CAMA Permit.
This approval is 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. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project(now or in the future)exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are
approved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
404/CAMA Wetlands 0.043 (acres) DCM field report
401 Wetlands Certification Unit One Cazolina
turally
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone] FAX [phone] Internet:http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper

Carol and Dan Titsworth
Page 2 of 2
March 24,2005
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications,the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality,
1650 Mail Service Center,Raleigh,NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification(GC) 3351.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts),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, 6714 Mail Service Center,
Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
Alan W.Klimek,P.E.
AW K/cbk
Enclosures: GC 3490
Certification of Completion
cc: Doug Huggett,DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 05 0131 Titsworth(Chowan)401

�QFWAT
�qQ Michael F.Easley,Governor
`Q G William G.Ross Jr.,Secretary
r� r North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
r Division of Water Quality
DIVISION OF WATER QUALITY
March 22, 2005
Mrs.Carol Titsworth
4516 S.Hessian Rd.
Virginia Beach,VA 23462 2005 `
Subject: EXEMPTION
Dredge&Fill/Bulkhead/Pier icy City
Carol&Dan Titsworth Property ,y �(�'�
Stormwater Project No. SW7050114
Chowan County
Dear Mrs.Titsworth:
The Washington Regional Office received a copy of your CAMA application for your proposed dredge
and fill / bulkhead / pier project on January 19, 2005. Staff review of the plans and specifications has
determined that the project, as proposed, consists of activities that will not pose surface water quality
threats from stormwater runoff since no significant new impervious area is proposed.
The Director has determined that projects that are reviewed and approved by the Division as not posing
water quality threats from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 211.1000. For this reason, we are informing you by way of this
letter that your project will not require a stormwater management permit at this time.
The stormwater rules require the Division to pen-nit the common plan of development, therefore, any
future development on the property, regardless of whether a CAMA Major permit is also required, will
require a Stormwater Management Permit application and permit issuance from the Division of Water
Quality prior to any construction. Any construction on the subject site, prior to receipt of the required
permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement
action by this Office.
Please keep in mind that this determination does not affect your legal requirements to obtain other permits
which lnay be required by the Division of Water Quality, the Division of Land Resources, Coastal Area
Management Act or any other Federal, State or Local Government.
Please reference the Stormwater Project Number above on all correspondence. If you have any questions
or need additional information concerning this matter,please contact me at(252)948-3848.
Sincerely,
Scott Vinson
Environmental Engineer
Washington Regional Office
S:\WQS\SAV\STORMWATER\EXEMPT\
cc: ✓Aoug Huggett, DCM—Morehead
Washington Regional Office
Central Files lv""'ChCa,
,J�ma,
North Carolina Division of Water Quality Washington Regional Office Phone[phone]
Customer Service
Internet: h2o.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 FAX [phone]
1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
March 21, 2005
Dan and Carol Titsworth
4516 South Hessian Road
Virginia Beach, VA 23462
Dear Mr. &Mrs. Titsworth:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to do maintenance excavation within an existing canal adjacent to
your property, construct a deck, and place riprap on your property in Chowan County within the
Arrowhead Beach S/D at 100 Huron Trail, Edenton, NC.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make June 06, 2065 the new deadline for reaching a decision on your
request. However, we expect to take action prior to that time and will do so as soon as possible.
In the interim, if you have any question on the status of your application, do not hesitate to
contact me by phone [phone]) or e-mail ([e-mail]).
Very sincerely,
V. HAXK=0"
Doug Huggett
Major Permits & Consistency Coordinator
cc: DCM, Elizabeth City
DCM, Morehead City
151-B Hwy. 24, Hestron Plaza il, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastaimanagement.net
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r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator ,
THROUGH: Ted Sampson, District Manager , MAR 4 2005
FROM: Frank A. Jennings, III, Field Representative -:r� Morehead City DCM
DATE: February 28, 2005
SUBJECT: Dan and Carol Titsworth CAMA Major Permit Application
Recommendations
The applicants propose to do maintenance excavation within an existing canal adjacent
to their property, construct a deck and place riprap on their property located at 100
Huron Trail, SR 1250, Arrowhead Beach Subdivision, Chowan County and on a man-
made canal off the Chowan River. The applicant has a dock on the canal, but the area
around the dock is silted in so severely that the area is no longer navigable. The
excavation proposal includes 250 square feet of 404 wetlands, 750 square feet of
Coastal Wetland cattails and 500 square feet of Public Trust Area, Estuarine Waters
Shallow Water Habitat. Excavation within the above AECs is considered a water
dependent activity. Since the proposal is not a new navigation channel, canal or basin,
weight should be given to that section of 07H.0208(b)(1) that deals with maintenance
(J).
While there is no guidance regarding maintenance excavation within water bodies that
are so severely silted in that the area becomes a wetland, there are guidelines provided
for this activity within beds of submerged aquatic vegetation. The first declaration is that
it shall be avoided unless there is an established use. The Division of Coastal
Management has been issuing permits for water dependent activities in this canal for
many years. A previous owner was authorized to construct a pier for water access.
The pier length is limited by the riparian lines in the canal and cannot be extended. The
1975 Valhalla Quadrangle shows the canal in place, thus there is an established use.
The second declaration is that the applicant demonstrates and documents that a water-
dependent need exists for the excavation. The applicant has done this via the CAMA
Major permit application. The existing dock is currently not usable. Arrowhead Beach
Subdivision archives reveal that the canal was dug between 1964 and 1973 to provide
water access for interior lots of the subdivision. In 1973 the developer, Southern
Properties, turned all common areas over to the Arrowhead Beach Property Owners
Association.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight

Doug Huggett, Major Permits Coordinator
Dan and Carol Titsworth CAMA Major Permit Application Recommendations
February 28, 2005
Page 2
The applicant proposes to deposit all spoil material on uplands adjacent to the canal.
While I could find no documentation regarding the original depth of the canal, it appears
that the water depth of the canal was —6 feet to the hard bottom.
The development proposal is to remove the material by a mud pump which is a very
labor intensive and time-consuming process.
The placement of the riprap and the construction of the 6-foot by 60-foot deck will occur
within the Estuarine Shoreline and appear consistent with 07H.0209.
It is recommended that the development proposal be approved with the following
conditions:
1. Excavation will not exceed 4 feet below the mean low water level. In no case
shall the depth of excavation exceed the depth of connecting waters.
2. The temporary placement or double handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
3. No excavated or fill material will be placed at any time in any vegetated
wetlands/marsh or surrounding waters outside of the alignment of the fill area
indicated on the workplan drawing(s).
4. All excavated materials will be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining
structures to prevent spillover of solids into any marsh or surrounding waters.
5. The disposal area effluent will be contained by pipe, trough, or similar device to a
point at or beyond the mean low/normal water level to prevent gully erosion and
unnecessary siltation.
6. The diked disposal area will be constructed a sufficient distance from the mean
high water level or any marsh to eliminate the possibility of dike erosion into
surrounding wetlands or waters.
7. The dike/back fill material/disposal area/disturbed areas will be properly graded
and provided a ground cover sufficient to restrain erosion within 30 working days
of project completion.

Doug Huggett, Major Permits Coordinator '-1AR 4 2005
Dan and Carol Titsworth CAMA Major Permit Application Recommendations ra
February 28, 2005 IVIL ieau Gity DC:.e
Page 3
8. No spoil material is to be placed within 30 feet of the normal high water line that
which will be used to backfill the area behind the permitted bulkhead.
9. The riprap will be placed as depicted in the applicants' work plans dated August
30, 2004.
10. The riprap material must be free from loose dirt or any pollutant. It must be of a
size sufficient to prevent its movement from the site by wave or current action.
11. The riprap material must consist of clean rock or masonry materials such as but
not limited to granite or broken concrete.
12. The boardwalk will be constructed as depicted in the applicants' work plans
dated August 30, 2004.
FAJ/ybc
cc: Raleigh Bland, USACOE

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director
William G. Ross Jr., Secretary
MEMORANDUM:
TO: Doug Huggett, DCM Major Permit Processing Coordinator
THROUGH: Mike Street, Chief Habitat Section
FROM: Sara E. Winslow, Northern District Manager
SUBJECT: Dan and Carol Titsworth Proposal
DATE: February 9, 2005
The North Carolina Division of Marine Fisheries submits the following comments pursuant to
General Statute 113-131.
The applicant proposes to excavate the bottom of the canal adjacent to both sides of the
existing pier to a depth of between 3-4 ft below NWL. The area to be excavated are approximately
25 ft by 24 ft on the west side and 25 ft by 36 ft on the east side. The water depth at the end of the
pier is approximately 1 ft below NWL and the applicant intends to reach a connecting depth between
3 and 4ft.
Only a small portion of the area to be excavated is below NWL. The majority of the area is
wetlands. The canal bottom is soft and consists of muck and detritus material. The layer of muck
appears to be approximately 5 ft thick with a hard layer under the muck. The applicants propose to
do the excavation with a mud pump and place the material on adjacent lots 37 and 38.
The applicant also plans to place riprap material along the canal bank to the existing retaining
wall. A 6 ft wide and approximately 60 ft deck parallel to the retaining wall is planned.
The Division raises the issue — was the existing pier built with the current conditions? If so the
pier has been of no use for docking vessels.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 NorthC�uolina
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net orthCarohAmaallf
IM, .,, r.,,...,n pan0.

This agency objects to the project as proposed based on the following reasons. The project as
proposed would result in the loss of approximately 1,000 sq ft of wetlands. Wetlands are of great
importance to fisheries production and water quality. Approximately 500 sq ft of public trust waters
would be dredged. The proposed project would essentially "dig two holes" and considering the muck
bottom material and the connecting wetlands to the site these holes would fill in due to the type
material sloughing off.
There is no information provided in the application relative to measures that will be taken on
the disposal site to ensure the muck material will not re-enter the canal or run-off into the existing
wetlands.
The Division would approve of the following modification. The area to the left of the existing
pier (south-east side) outside of the NWL (see plat in application-highlighted) could be excavated to
—3 ft provided that is the connecting depth. Adequate measure must be taken on the disposal lot to
ensure material does not enter the wetlands or canal waters. This agency approves of the riprap and
the deck area.

r.
North Carolina Wildlife Resources Commission
Richard B.Hamilton,Executive Director
MEMORANDUM
TO: Doug Huggett, Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
FROM: Maria Tripp,Northeast Coastal Region Coordinator
Habitat Conservation Section
DATE: February 3, 2005
SUBJECT: CAMA Dredge/Fill Permit Application for Dan and Carol Titsworth, Chowan
County,North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is located at 100
Huron Trail,Arrowhead Beach Subdivision in Chowan County. Our comments are provided in accordance
with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128),as amended,and
the Fish and Wildlife Coordination Act(48 Stat.401,as amended; 16 U.S.C. 661 et seq.).
The applicants propose to excavate 500 square feet of canal bottom, 750 square feet of coastal
wetlands, and 250 square feet of 404 jurisdictional wetlands within the ES AEC to allow use of an existing
pier. Current water depths are-1 ft at the pier terminus,connecting to-3 and-4 ft canal depths. Final
excavated water depths are to be between-3 and-4 feet. Generated spoil material will be placed on vacant
upland lots. Shoreline stabilization is proposed along one side of the canal bank,with a 6 ft by 60 ft long deck
to be constructed along an existing bulkhead. This man-made canal off the Chowan River is classified B
NSW by the Environment Management Commission and is not a designated primary nursery area.
The Commission does not object to the project as proposed. To prevent adverse impacts to aquatic
resources from elevated turbidity during dredging,we request either a turbidity curtain be placed around the
project area,or all in water work adheres to the February 15—September 30 Anadramous Fishery
Moratorium. Excavated depths should not exceed existing connecting depths of the canal. Canal and wetland
excavation,deck construction, and riprap placement should be done in a manner to minimally effect
remaining wetlands.
The Commission appreciates the opportunity to review and comment on this permit application. If
you need further assistance or additional information,please contact me at(252)948-3916.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] ext. 281 0 Fax: [phone]

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM
TO: Doug Huggett, DCM Major Permit Coordinator
FROM: Charlan Owens, AICP, NE DCM District Planner JAN 2 6 2005
Through: Ted Sampson, NE DCM District Manager
SUBJECT: Major Permit Request by Dan and Carol Titsworth to do maintenance excavation
within an existing canal, place rip rap within a 5 foot wide 20 foot long area at the
east property line, and construct a 6 foot wide by approximately 60 foot long deck
parallel to the existing retaining wall on a manmade canal off the Chowan River at
100 Huron Trail (SR-1250) in Chowan County.
DATE: January 24, 2005
Consistency Determination: The request is consistent with/not in conflict with the Edenton
and Chowan County 1998 Land Use Plan certified by the CRC
on March 26, 1999.
Overview: The property consists of four adjacent lots with a combined area of 25,850 square
feet located within the Arrowhead Beach subdivision on a man-made canal off the Chowan
River. A single-family residence and existing pier are located on the property. The property is
located at the head of the canal and has approximately 58 feet of canal frontage. The property
has an elevation of approximately six feet above Normal Water Level (NWL) and slopes
downward from Huron Trail to an elevation of approximately three feet above NWL near the
existing canal where a retaining wall separates the upland area from a wetland that exists in the
canal footprint.
Excavation of the bottom of the canal adjacent to both sides of the existing pier is proposed to a
depth of between —3 and —4 feet below NWL. The areas to be excavated are approximately 25
feet by 24 feet on the west side of the pier and 25 feet by 36 feet on the east side. The
excavation is meant to allow the existing pier to be used as a boat access. The bottom material
will be placed on the propperty on undeveloped lots. Placement of riprap material along the
canal bank along the east side of the property from the property line to the existing retaining wall
is also proposed. A six foot wide and approximately 60 foot long deck is to be installed parallel
to the existing retaining wall.
The waters of the Chowan River are classified as B NSW and are closed to shellfish taking.
Anticipated Impacts resulting from this project are expected to include: the dredging of
approximately 250 sq. ft. of Section 404 wetlands within the Estuarine Shoreline AEC (Area of
Environmental Concern), 750 sq. ft. of Coastal Wetlands within the Estuarine Shoreline AEC,
and 500 square feet of Public Trust Area/Estuarine Waters AEC; the filling of approximately 100
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone]\ Internet: www.nccoastalmanagement.net
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North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 2 of 2
sq. ft. of Estuarine Shoreline AEC due to placement of riprap material and 3,000 sq. ft. of
Upland Area resulting from fill deposits on the site; and the shading of approximately 360 sq. ft.
of Section 404 wetlands within the Estuarine Shoreline AEC due to deck installation.
Basis for Determination:
The Edenton/Chowan County Land Classification Map identifies the site area as "Community".
Page Vlli-3 notes that AEC properties also qualify for the "Conservation" classification. The
following are LUP policies that may be applicable to this request:
Public Trust Waters: Page VII-8.
a. Continue the conservation and management of public trust waters. Appropriate
uses include those which do not cause detriment to the physical or biological
functions of public trust areas. Navigational channels, drainage ditches,,
bulkheads designed to prevent erosion, marinas, piers and docks shall be
permitted.
Estuarine Waters and Estuarine Shorelines. JAN 2 6 2005
Page VII-8. Morehead City DCM
a. Permit only those uses that are compatible with the nature of the estuarine
system. Residential, recreation, and commercial uses are acceptable provided
that there is no substantial chance of pollution, erosion is not accelerated,
impervious surfaces are limited, public access to navigable waters is not
hampered and North Carolina Sedimentation and pollution Control standards are
met.
Restriction of Development in Areas up to Five Feet Above Mean High Water:
Page VII-14.
a. Development in areas up to five feet above mean high water mark is not
restricted provided such development meets all applicable zoning, CAMA,
Building Code and Flood Zone requirements.
Support, encourage, and protect the community's commercial and recreational fishing and other
water-based resources and production activities:
Page VII-17.
c. Support the regulation of development in coastal wetlands and wetlands as
administered by CAMA and the US Army Corps of Engineers, respectively.
cc: John Thayer, Manager, CAMA Local Planning and Access Programs
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\ Internet: www.nccoastalmanagement.net
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A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 14, 2005
MEMORANDUM:
G_624A Nk&rZ-suns JAN 2 4 2005
TO: . ' , Director
Division of Community Assistance MOreheact City L)C,.
M
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dan and Carol Titsworth
Project Location: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision, Chowan County
Proposed Project: Excavate existing canal, construct deck, place riprap on property
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 4, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
DTI s 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 ��` � �i�� DATE —O
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Oil
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 14, 2005
1 ZuG5 � �C, �,
MEMORANDUM: � ��� 1718
TO: Maria Tripp ��t;ad City JAN
NC Wildlife Resources Commission MP�n
hw ���t ti
co
FROM: Doug Huggett �,9 rqzmm
Major Permits Processing Coordinator s�'�'Z ( ��Oz�°��
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dan and Carol Titsworth
Project Location: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision, Chowan County
Proposed Project: Excavate existing canal, construct deck, place riprap on property
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 4, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE 3 ►�b ��
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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NAWP,—
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NCDENR .
North Carolina Department of Environment and Natural Resou c6 " aT
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 14, 2005
MEMORANDUM:
TO: Renee Gledhill-Early Morehr,
NC Department of Cultural Resources W.FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dan and Carol Titsworth
Project Location: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision,Chowan County
Proposed Project: Excavate existing canal, construct deck, place riprap on property
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 4, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED _ DATE C� " 3 'ds
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight JAM 2 1 2005

;!jr�
— — % FEB 0 1
2005
NCDENR
North Carolina Department of Environment and Natural WSP*d C4 DCM
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 14, 2005
MEMORANDUM:
TO: Joe Henderson
NC Department of Administration
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dan and Carol Titsworth
Project Location: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision,Chowan County
Proposed Project: Excavate existing canal, construct deck, place riprap on property
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 4, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED PATE
1367 U.S. 17 South,Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

FqCDENR JAN 3 1 2005
North Carolina Department of Environment and Natural R0sources
Division of Coastal Management wool ahead City ®CM
Michael F. Easley, Governor Charles S. , HF109r` William G. Ross Jr.,Secretary
Il
January 14, 2005
JAN 20M
MEMORANDUM:
'SH SANITAT10
TO: Patty Fowler JAN y 2005 �
NC DENR - Div. Of Environmental Health
I `alEllr i
f.,E1 cAfvrrnTrn+,, r
FROM: Doug Huggett �-
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dan and Carol Titsworth
Project Location: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision, Chowan County
Proposed Project: Excavate existing canal, construct deck, place riprap on property
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 4, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
�L This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED O^f+y /"oa/e/ DATE
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
January 14, 2005 WED
MEMORANDUM: JAN 3 1 2005
TO: Ken Pace Morehead City DCM
NC DOT, State Construction/Materials Branch
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dan and Carol Titsworth
Project Location: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision,Chowan County
Proposed Project: Excavate existing canal, construct deck, place riprap on property
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 4, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
✓ This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE �T Z��o S,
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

ALTIPFA
i_ JAN 2 3 2005
NCDENR COAST
North Carolina Department of Environment and Natural Resource§ fz;`e -�Ac EM�N
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 14, 2005
MEMORANDUM:
TO: Mr. Jim Simons, Director JAN 3 1 2005
Division of Land Resources
FROM: Doug Huggett Morehead City DCM
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dan and Carol Titsworth
Project Location: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision, Chowan County
Proposed Project: Excavate existing canal, construct deck, place riprap on property
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 4, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
ZThis agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED _ DATE
1367 U.S. 17 South,Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

v
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
January 14, 2005
MEMORANDUM:
TO: Charlan Owens, District Planner
Division of Coastal Management
FROM: Doug Huggett �
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review A N 2 6 2005
Applicant: Dan and Carol Titsworth Morehe acl City L)`ir
M
Project Location: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision,Chowan County
Proposed Project: Excavate existing canal, construct deck, place riprap on property
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 4, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
X
SIGNS DATE —zit--as'
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
January 14, 2005
MEMORANDUM:
TO: Mr. Preston P. Pate, Jr., Director 0
Division of Marine Fisheries _
[AT
FROM: Doug Huggett -
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dan and Carol Titsworth
Project Location: 100 Huron Trail, SR-1250,Arrowhead Beach Subdivision, Chowan County
Proposed Project: Excavate existing canal, construct deck, place riprap on property
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 4,2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIG D DATE aZ '� O
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

R§ slyto
MAJOR PERMIT FEE MATRIX
JAN 1 9 2005
Applicant: Carol and Dan Titsworth
Selection Development Type jee DCM % DWQ %
(14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
I. Private, non-commercial
development that does not 100% ($250) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not $400 100% ($400) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). For Private non-
commercial development, if $250 100% ($250) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached) can be applied:
III(B). For public or
El commercial development, if $400 100% ($400) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached) can be applied:
III(C). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
® , Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

D.R.TITSWORTH 1532
C.TITSWORTH 68,1/510 VA
4516 S.HESSIAN 1296
VIR
VIRGININIA BEACH,VA VA 23462-2312 Date
-b E-,�4
Pay
_order of
Dollars 8
BankofAmeric a �l b
ACH WT051000017
Memo Na j
i:0 5 L0000 i 7I: 000096 2 5 2 24411' L 5 3 2

TFQIW
IKWA
F9 &
ED
�Aj .IAN 1 9 2005
NCDENR
North Carolina Department of Environment and Natural,ResourcesCity DCM
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
FAX MEMORANDUM
TO: Chowan Herald
Edenton, NC 27932
FROM: Yvonne Carver
Administrative Assis ant
DATE: January 14, 2005
SUBJECT: Public Notice — Dan and Carol Titsworth
Please publish the attached Notice in the Wednesday, January 26, 2005 issue of the
CHOWAN HERALD.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Jaye Poole, NC Division
of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office.
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM
File
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www,nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice
as required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on January 7, 2005.
According to said application, Dan and Carol Titsworth propose to do maintenance
excavation within an existing canal, construct a deck, and place riprap at 100 Huron Trail in
Chowan County.
A copy of the entire application may be examined or copied at the office of Frank
Jennings, Field Representative of the Division of Coastal Management, located at 1367 US
17 South, Elizabeth City, NC, 252-264-3901 during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management,
Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557, prior to February 15, 2005, will
be considered in making the permit decision. Later comments will be accepted and
considered up to the time of permit decision. Project modification may occur based on
review and comment by the public and state and federal agencies. Notice of the permit
decision in this matter will be provided upon written request.
PLEASE PUBLISH ON: Wednesday, January 26, 2005

WCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 14, 2005
Mr. and Mrs. Dan Titsworth JAN 1 9 2005
4516 S. Hessian Road
Virginia Beach, VA 23462 Morehead City DCM
Dear Mr. and Mrs. Titsworth:
The Division of Coastal Management hereby acknowledges receipt of the application
submitted for State approval for development of property located at 100 Huron Trail in Chowan
County. It was received complete on January 7, 2005, and appears to be adequate for
processing at this time. The projected deadline for making a decision is March 23, 2005.
When such time is necessary to complete the review, an additional 75-day review period is
provided by law. If you have not been notified of a final action by the initial deadline stated
above, you should consider the review period extended. Under those circumstances, this
letter will serve as your notice of an extended review. However, an additional letter will be
provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from the date received, you
may request a meeting with the Director of Division of Coastal Management (DCM) and permit
staff to discuss the status of your project. Such a meeting will be held within five working days
from the receipt of your written request and shall include the property owner, developer, and
project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete
application.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone; 252-264-3901 1 FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30% Recycled by Fiber Weight

Mr. and Mrs. Dan Titsworth
January 14, 2005
Page 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions, and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
/I l
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC
Ted Sampson, District Manager, DCM, Elizabeth City, NC

r i1 (90* 1111A
-No
AMA PIPRMIT
APPLI F
PROJECT: �-
C62 2
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a +e c-� a.
/
1 O./t K a o9 -Q 0.JD
/
( o A C"T /• n � �J e X i S T� n e 96, i � W r.,
n eaD
fV
O
O
A C.T7
COMMENTS ACCEPTED THROUGH57
APPLICANT: FOR MORE DETAILS CONTACT
/l -�-� TtHHE LOCAL PERMIT OFFICER BELOW:
c a o 0, �, d o�✓1 l TS c.J r�h r r a er7 e'I i S
YS/(a S'. H e Ss; an a v.c� Y /3 Cfl 9 U. S. /7
✓ir o. ►� )e. 64 2.3 V cow r,- �e--4 , C -
7S - q/ � - 32z .Sz - 2Gy - 3 � 0 �

CE
RTIFIED MAIL RETURN RECEIPT REQUESTED I a
Name of Individual Applying for a Permit: )� emu» IAN 1 9 2005
Address of the Property in Question: bb e ) /
(LOT,STREET#,STREET,CI1W,1WtPPYFFAU WILY
This is to notify you, as an adjacent riparian property owner,that I plan to: - fL
(STATIi WHAT YOU ARE ROPOSNG TO DO,INCLUDE WINS IERS,DOCKS,PLATFORMS,LIFTS,AND BOATHOUSES), v J
on-site off my property.
tc
If you have NO OBJECTIONS to the proposal, please check the appropriate statement below, sign, date and return
as soon as possible to me (or my agent) at:
S, 4E ssilqti /fD
Should you HAVE OBJECTIONS to this proposal, please send your written comments to the North Carolina
Division of Coastal Management, 1367 US 17 South, Elizabeth City, North Carolina 27909. Written comments
must be submitted to the Division of Coastal Management within ten (10) days of the receipt of this notice.
NO RESPONSE WITHIN 10 DAYS of receipt of this correspondence will be interpreted as "no objection."
Sincerely,
OWNER OR OWNERS AGENT
_ I have no objections to the proposal .e�� C/ /._. - ► ��1 f/c'�r
gWiNATURE DATE
I have objections to the proposal
PRINT NAME PHONE#
The waiver below applies to pier, boathouse, boatlift, platform, dock, and groin construction only:
I understand that a pier/boathouse/boatlift/platform/dock/groin must be set back a minimum of fifteen(15) from the
riparian access unless waived by me. Please initial your choice below.
JgZ I do not wish to waive the setback requirement. SEE' 0
I do wish to waive the setback requirement.
Comments:

COMPLETE
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X s 1 p Agent
■ Print your name and address on the reverse
so that we can return the card to you. Addressee
■ Attach this card to the back of the mailpiece, B Received by(Printed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
If YES,enjerdelivery.address below: ❑ No
11>
uf'Y 3. Se' pe
C ifie, ail []Express Mail
J A S- ist❑ Re
9 eca-IQ`+0-Return Receipt for Merchandise
❑ Insured Mail. . ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from service label 111113 ],p 1 p Return p p p p 5047 518
PS Form 3811, February 2004 Domestic ecei
p 102595-02-M-1540
i
A

ED MAIL RETURN RECEIPT
CERTIFIED EIPT REQUESTED
Name of Individual Applying for a Permit: JA N' 1 9 2005
Address of the Property in Question: 100 �1,�r2 DrJ �'� ��-- ��`�-1� t / rc 9,,16 :"AV�
(LOT,STREET#,STREET,CITY, - emu WILY V V I1n
This is to notify you, as an adjacent riparian property owner,that I plan to: G&2j-,l
_ z ady-z, I� dam-Qom'
(S A WHAT YOU ROPOSTNG =-UtAt-le—
CLUDE A DRAW�!G�FOR PIE DOC ' PLATFORMS,LIFTS, BOATHOUSES)
/V fv',,e, i� tb NL _ V /l er✓'ffY`L
on-site of m property.
If you have NO OBJECTIONS to the proposal, please check the appropriate statement below, sign, date and return
as soon as possible to me(or my agent) at:
1�3` �/ I t4 )�5 V 6
Should you HAVE OBJECTIONS to this proposal, please send your written comments to the North Carolina
Division of Coastal Management, 1367 US 17 South, Elizabeth City, North Carolina 27909. Written comments
must be submitted to the Division of Coastal Management within ten (10) days of the receipt of this notice.
NO RESPONSE WITHIN 10 DAYS of receipt of this correspondence will be interpreted as"no objection."
Sincerely,
OWNER OR OWNERS AGENT
I have no objections to the proposalSIGNAT
I have objections to the proposal �� J�TE&5- yt/, ?
PRINT NAME PHONE#
The waiver below applies to pier, boathouse, boatlift, platform, dock, and groin construction only:
I understand that a pier/boathouse/boatlift/platform/dock/groin must be set back a minimum of fifteen (15) from the
riparian access unless waived by me. Please initial your choice below.
I do not wish to waive the setback requirement.
I do wish to waive the setback requirement.
Comments:

X s
- d
x
SENDER: • • •MPLETE THIS SECTION ON
1"� * O ■ Complete items 1,2,and 3.Also complete A signature
11 item 4 if Restricted Delivery is desired. ❑Agent
d ■ Print your name and address on the reverse X g
s ❑Addressee
;, so that we can return the card to you.
■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery
1 J or on the front if space permits.
1. Article Addressed to D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑ No
cLo
�e _ - :s .>
Z. R // 3. Se ice Type
7 Certfied Mail ❑Express Mail
c..
� ❑ Registered ❑ Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑yes
Article Number 7 0 0 3.,_^
se rvl 7 4 982
a
102595-02-M-1540
• •Mpl-ETE THIS-SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A- 77.
item 4 if Restricted Delivery is desired. % _' .�,. r`r'^ ' ❑Agent
■ Print your name and address on the reverse Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
in Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 17 ❑Yes
Article Addressed to: If YES,enter delivery address below: No
�i 3. ServiceTy`pe
't "
QI ��j4 Uc. ? ❑Certified Mail ❑Express Mail
t ❑ Registered ❑ Return Receipt for Merchandise
❑Insured Mail ❑ G.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number 7002 2410 0002 6688 1867
(Transfer from service tabelJ- ----- ----------- - _

N030 1 PG0370
Filed for ;record Fn the office of the
'Register of deeds, Chowan Cot ty, N. Carolina
i_ at Q 1Z o'clock M.,on the
a. � O da of 0 Qa
c.r U and RECORDED in Book
Rea!Property No. SO I page 37 O -37
1 et' �<•
[xcise Stamp Tax ee— e
gistei of D eds
NORTH
eputy
JAN 1 9 2005
9•��+•
!
2
A
a Morehead City DCM
0D
2 0
U U Excise Tax Recording Time,Book and Page
Land Transfer Tax No. Parcel Identifier No.: 6970-07-68-8715
Verified by County on the 15�_day of 1 � 22003
by TAX# a 3Q i 9I $ aO
Mail after recording to: Samuel B. Dixon, Atty. at Law, P.O. Box 24,Edenton,NC 27932
This instrument was prepared by: Samuel B. Dixon,Atty at Law, 117 West Eden Street, Edenton,NC 27932
Description for the Index:Lot 37,Sec. B-Arrowhead
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 10t'day of April, 2003,by and between
GRANTOR GRANTEE
TERESA C.TILLETT (formerly known as Teresa C. DANIEL R.TITSWORTH and wife,
Cones) and husband, CAROL TITSWORTH
MARK E. TILLETT 100 Huron Trail
4158 Ivey Lane Edenton,NC 27932
Kitty Hawk,NC 27949
Enter in appropriate block for each party:name,address,and,if appropriate,character of entity,e.q.corporation or partnership
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include
singular,plural,masculine,feminine or neuter as required by context.
WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledge,has and
by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in the
Znd Township,Chowan County,North Carolina and more particularly described as follows:
BEING all of Lot 37, Section B of Arrowhead Beach as shown on the map of same, said map
being prepared from survey by S. Elmo Williams, Registered Surveyor No. L-609,which map is
registered in Map Book 3,Page 79,in the office of the Register of Deeds of Chowan County,North
Carolina, reference being hereby made to said map for further description.

'j ► U3U l PAC 37 f
The property hereinabove described was acquired by Grantor by instrument recorded in Book 220, Page 701,
and in Book 185, Page 14, Chowan County Registry.
TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever.
Those certain restrictions,easements,conditions and covenants of record in Book 19,Page 78, Chowan Co.Registry.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has
caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be
hereunto affixed by authority of its Board of Directors,the day and year first above written.
� 70. (SEAL)
TERESA C. TILLETT
(SEAL)
RK E. TILLETT
SEAL STAMP STATE OF NORTH CAROLINA-COUNTY OF
I /_i.5 Q.J `J• �,c�R u, ,a Notary Public of the County and State aforesaid,certify that TERESA C.
TILLETT and husband, MARK E. TILLETT, Grantors, personally appeared before me this day and
•'�� acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal,this day of Aril,2003.
is
My commission expires: -
1' Not ublic
C(1�1'�ti�t
NORTH CAROLINA - CHOWAN COUNTY
The foregoing CertificatesOO of Susan S. Small, notary public of Chowan county, state of NC
is/=certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page
shown on the first page hereof.
Susan S. Rountree — REGISTER OF DEEDS FOR CHOWAN COUNTY.
By: - Deputy/hc951 Register of Deeds
Recorded & Verified:
Deed Stamped: four dollars ($4.00)

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DEED OF TRUST LOAN # 6240009743
Return To: FL9-700-01-01 , JACKSONVILLE POST CLOSING, BANK OF AMERICA
9000 SOUTHSIDE BLVD. , BESG BO00,NK OFLAMERCICAPTN APT 200ASKS00LLEGE STL 32256
Prepared By: DEN I SE REA
CHARLOTTE, NC 282550001
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are define
1. Certain rules regarding the usage of words used in this
in Sections 3, 11, 13, 18, 20 and 2
document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated FEBRUARY 21 , 2003
together with all Riders to this document.
(B) "Borrower" is DAN I EL R. T I TSWORTH AND CAROL T. T I TSWORTH
Borrower is the trustor under this Security Instrument.
(C) "Lender" is BANK OF AMER I CA, N.A.
Lender is a NATIONAL BANKING ASSOCIATION
organized and existing under the laws of THE UN I TED STATES OF AMER I CA
NORTH CAROLINA— Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
(W®6(NC) (0207) Form 3034 1/01 IIIII�I�II
P,ee 1 or to Initials: CVNC 02/20/03 9:04 AM 62411,1143 IIIIII�IIIIII�II1llllllll I(1
VMP MORTGAGE FORMS (800)521
L..

SCHEDULE "A" JAN I R 2005
Morehead City DCM
That certain lot or parcel of land lying and being in bed as follows:
Township,
Chowan County,
North Carolina,and being more particularly
That certain tract or parcel of land situate on the South side of Huron Trail, and BEGINNING at
a point marking the intersection of the Southern right-of-way line of Huron Trail with the
Eastern right-of-way line of Shawnee Trail, and running from said beginning p
established and along the Southern right-of-way line of Huron Trail, South 52 deg. 51 min. East
120.70 feet and South 46 deg. 00 min. East 111.10 feet to an existing iron rod; thence running
South 44 deg. 00 min.West 110.00 to a set iron rod; thence running North 46 deg. 00 min. West
100.00 feet to an existing iron rod; thence North 44 deg. 00 min. East 22.50 feet to a point;
thence ruining North 36 deg. 18 min. West 141.35 to a point in the Eastern right-of-way line of
Shawnee Trail; thence along said right-of-way line,North 53 deg. 42 min. East 50.00 feet to the
point and place of beginning and containing .47 of an acre according to a plat of survey prepared
by Mark D. Pruden, P.L.S., dated 4/28/2000 and recorded with deed in Book 262, Page 746,
reference to which survey is hereby made for a more particular description.

BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in
this Second Home Rider.
(Seal)
-Borrower
DANI L R. TITSWORTH
(Seal)
-Borrower
CAROL T. TITSWORTH
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
Borrower
(Seal)
-Borrower
M65S 02/20/03 9:04 AM 6240009743
BS365R (0008) Page 2 of 2

,JAN 1 9 2005
Morehead City DCM
SECOND HOME RIDER
THIS SECOND HOME RIDER is made this 21 ST day of FEBRUARY, 2003 ,
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" whether there are one or more persons undersigned) to secure Borrower's Note to
BANK OF AMERICA, N.A.
(the"Lender") of the same date and covering the property described in the Security Instrument(the
,,Property"),which is located at:
100 HURON TRAIL, EDENTON, NC 27932
[Property Address3
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.
MULTISTATE SECOND HOME RIDER— Single Family
Page 1 of 2
BS365R (0008) \!hIP MORTGAGE FORMS - (8O0)521-7291
M65S 02/20/03 9:04 PM 6240009743

STATE OF NORTH C_AROLINA, zfO[�
tilA County SS:a Notary Public
I, SU.SAAI -5• �MAZ-L
of the County of 0/7oGc1Ai✓
State of North Carolina, do hereby certify that
Ti is&49P-, V RAID ct/i .9,eo/ 7: -77T,4Jo e rho
personally appeared before
me this day and acknowledged the due execution of the foregoing instrument. 3
Witness my hand and official seal this L
day of �� ,. apQ
My Commission Expires:
;Notary Public
71"saa
STATE OF NORTH CAROLINA,
County ss:
The foregoing certificate of , State of '
is
a Notary Public of the County of
certified to be correct.
This day of
Registrar of Deeds
By
Deputy Assistant
Initials:
(0207) Paga 16 0 16 CT Form 3034 1/01
CVIJC 02/20/03 9:04 AM 6240009743

BY SIGNING UNDER SEAL,BELOW,
n tO mT'e Borrower
and in anp Rider executed by tBorroR er and
he terms and
covenants contained in this Security
recorded with it.
Witnesses:
�• (Seal)
DANIEL R. TITSWORTH -$oirOV1'er
(Seal)
CA OL T. T I TSWORTH -Borrower
(Seal)
(Seal) -Borrower
-Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
'Borrower
-Borrower
JAN 1 9 2005
Morehead City DCM
Form 3034 1/01
-.6(NC) (0207) P.q. 15 of 10
CVNC 02/20/03 9:04 AM 6240009743

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, «'ithout 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 FIVE % 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. 'vVithout 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.
Initials:
��6(NC) colon Pa9a 14 of to Form 3034 1/01
CV14C 02/20/03 9:04 PM 6240009743

RIVED
JAN 1 9 2005
products, tonic pesticides and herbicides, volatile solvents, materia 1Mw'r wmty ow
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).
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 re ID
gulatory 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.
NONUNIFORM 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 Late
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 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 Lan'. 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.
Initials:_ y
�—6lNCl (0207) Pagu 13 or 18 _l Form 3034 1/01
MIC 02/20/03 9:04 AM 6240009743

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 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 under the Note and this Security Instrument
and performs other mortgage loan servicing obligations under 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 RESP A 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
Initials:/2
(M 6M) 10207) Page 12 or ie Form 3034 1/01
CVP1C 02/20/03 9:04 AM 6240009743

RIVED
JAN 1 9 2005
Morehead City DCM
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 the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
prepayment without any prepayment charge (whether or not a 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 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 designated a
substitute notice address by notice to Lender. Borrower shall 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 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
Lender's address stated herein unless Lender has designated another address by notice to
Borrower. Any notice in connection with this Security Instrument 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 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 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.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "Interest in the Property" means any legal or beneficial interest in the Property,
including, but not limited to, those beneficial interests transferred in a bond for deed, contract for
deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borroia,er 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 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 not of acceleration. The notice
o
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
Initials: U i —
(M-6(NC) (0207) P,s, 11 ,t to C� Form 3034 1/01
CVIJC 02/20/03 9:04 AM 6240009743

secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair
market value of the Property immediately before the partial taking, destruction, or loss in value.
Any balance shall be paid to Borrower.
loss in value of the Property in which the fair
In the event of a partial taking, destruction, or
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 Miscellaneousaki'n , str Proceeds
loss in value, unless Boror
rol�ler and Lender otherwise agree in tariting,
shall be applied to the sums secured by this Security Instrument whether or not the sums are then
due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) 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 ores 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 Lender's judgment, could result other material
t in forfeiture of the Property or
impairment of Lenders 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 roceeding to be dismissed with a ruling that, in Lender's judgment,
precludes forfeiture of the Froperty or other material impairment of Lender's interest in the
Property or rights under this Security Instrument. The proceeds of any award or claim for
rest in the Property are hereby
damages that are attributable to the impairment of Lender's inte
assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not appplied 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 lVaiver. 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 modif}' amortization of the sums secured b}- 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 Borrower's 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 tlus Security Instrument only to mortgage, grant and convey the co-signer's
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 accommodations with regard to
the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's 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 Borrower's obligations and liability under this Security Instrument unless Lender
nd
agrees to such release in writing. The covenants a 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 Lender's interest in the Property and rights
uding, but not limited to, attorneys' fees, property inspection
under this Security Instrument, incl
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
Initials:
�®6(NC) (0207) P.9e to or to Form 3034 1/01
CVNC 02/20/03 9:04 AM 6240009743

JAN 1 9 2005
Insurance as a condition of making the Loan and Borrower was required m ra, tmity DCM
designated payments toward the premiums for Mortgage Insurance,
Borpremiums required to maintain Mortgage Insurance in effect, if permitted under Applicable Law,
or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance
roviding for such
ends in accordance with any written agreement Appbetlicablen e Law. Nothing r and in thinder s Section 10 affect
termination or until termination is required b}' App
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 require the mortgage
insurer to make payments using any source of funds that the mortgage insurer may have available
(which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
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 po
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the
insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed "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 A 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
Ivliscellaneous 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 «riting, the sums secured by this Security Instrument shall be reduced by the amount of
the Miscellaneous Proceeds multiplied b}' the following fraction: (a) the total amount of the sums
In itiaIs:
—6(NC) (0207) p.go 9 or le CT Form 3034 1/01
CVNC 02/20/03 9:04 AM 6240009743

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 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
Lender's 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 limited to: (a) paying any sums secured by a lien which has
priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable 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
Alortgage 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 >\Iortgage Insurance. If Lender required ?Mortgage
Initials: DOC
(Mm 61NC) l0207l Gaga 8 0l 76 Form 3034 1l01
CVNC 02/20/03 9:04 AM 6240009743

JAN 1 9 2005
required by Lender, shall be applied to restoration or repair of the Property, if the ead City DCM
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 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 Borrower's 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 Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. 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
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 Borrower's 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.
Initials:
�—5(NC) (ozon Page 7 or le CT Form 3034 1/01
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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 only until such 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
initials:_
(1::k-6(NC) (0207) Page a ar is `-'l Form 3034 1/01
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RIVED
JAN 1 9 2005
of Section 10. These items are called "Escrow Items." At origination or at any ti
ftQad City DCM
term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,
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 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
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
u
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 tales, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold
payments or ground 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 pal them in
the manner provided in Section 3.
initials: Ou
(©61NC1 (0207) Page s ar ,e Form 3034 1/01
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s follows:
UNIFORM COVENANTS. Borrower and Lender covenant and Prepayment agree a Charges, and Late
1. Payment of Principal, Interest, Escrow Items,
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; any
money order; (c) certified check, bank check, treasurer's check or cashiers check, provided
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 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 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 or 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.
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) 1\!Iort,gage 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
Initials: v"/
—6(N c) (0207) Pa9® 4 of 16 Form 3034 1/01
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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 Trustee and Trustee's successors and
assigns, in trust, with power of sale, the following described property located in the
COUNTY ofCHOWAN
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
"LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. "
WMIXTV
J AN 1 g 2005
Morehead OtY pCM
Parcel ID Number:697007689731 which currently has the address of
100 HURON TRAIL [Street]
EDENTON [City], North Carolina 27932 [Zip Code]
("Property Address"):
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."
BORROVPER 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 SECT RITY INSTRLT1vIENT combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
Initials:
(W�15M) (0207) r,ya 3 oe 10 e- Form 3034 1/01
CVNC 02/20/03 9:04 AM 6240009743

Lender's address is 200 S. COLLEGE ST. , CHARLOTTE, NC 282550001
Lender is the beneficiary under this Security Instrument.
(D) "Trustee" is PRLAP, INC.
(E) "Note" means the promissory er owes LendernN I NETed by BYo SEVEN rrower a THOUSAND nd dated FTWO UHUNDRED AND
The Note states that Bor Dollars
00/100
(U.S. $ 97,200.00 ) plus interest. Borrower has promised to pay this debt in regu ar
Periodic Payments and to pay the debt in full not later than MARCH 01 , 2033
(F) "Property" 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
chargestes and late
charges due under the Note, and all sums due under this Security Instrument, p
lus r .
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower [check boa as applicable]:
0 Adjustable Rate Rider Condominium Rider
®Second Home Rider
Balloon Rider Planned Unit Development Rider 0 1-4 Family Rider
C]VA Rider Biweekly Payment Rider []Other(s) [specify]
(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.
M "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 % (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
ent, "RESPA" refers to all requirements and
subject matter. As used in this Security Instrum
AC
Initials:-J�©6(NC) (ozon Pa9a 2 of 16 c Form 3034 1/01
CVNC 02/20/03 9:04 AM 6240009743