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HomeMy WebLinkAboutNCG020608_COMPLETE FILE - HISTORICAL_201007021� 1 - STORMWATER-DIVISION CODING SHEET RESCISSIONS. PERMIT NO. DOC TYPE C COMPLETE FILE - HISTORICAL DATE OF .RESCISSION �nI D 07 0 c YYYYMMDD 5wzmtn�, North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 24, 2010 DENR-FRO Harold Pait JUL 0 2 2010 Harold J Pait - Bladen Sand & Gravel LLC 1068 Guyton Rd DWQ •`nf Q Bladenboro, NC 28320 Subject: Rescission of NPDES General Permit Certificate of Coverage Number NCG020608_ Harold J Pait - Bladen Sand & Gravel LLC Dear Permittee: On 10/1 /2009, the Division of Water Quality received your request to rescind your coverage under Certificate of Coverage Number NCG020608. In accordance with your request, Certificate of Coverage Number NCG020608 is rescinded effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to - waters of the State without valid coverage under an NPDES permit will subject the responsible piny to a civil penalty of up to $25,000 per day. It is the intention of DWQ that enforcement proceedings will occur for persons that have voluntarily relinquished permit coverage when, in fact, continuing permit coverage was necessary.If, in retrospect, you feel the site still requires permit coverage, you should notify this office immediately. Furthermore, if in the future you wish to again discharge to the State's surface waters, you must first apply for and receive a new NPDES permit. If the facility is in the process of being sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact Brian Lowther at (919) 807-6383, or the Water Quality staff in our Fayetteville Regional Office at 910-433-3300. Sincerely, 41 for Colecn A. Sullins, Director cc: Fayetteville Regional Office Stormwater Permitting Unit DWQ Central Files - w/attachments Fran McPherson, DWQ Budget Office Wetlands and stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncvvaterquality.org An Equal Opportunity 1 Amrmafive Action Employer NorthCarolina Naturally DEi°:!1 _ FRO PWAiF e° 90 Permit Rescission Request Form MAR 4LJ W. Certificate of Coverage Number National Pollutant Discharge Elimination System ®wQ NCG020608 o General Permit NCG020000 Please fill out and return this form only if you no longer need to maintain you, NPDES stormwater permit. If permit renewal is. required, fill out Side One. The following is the infdrmation currently in our database for your facility. Please review this information carefully and . make all corrections as necessary in the space provided to the right of the current information. Owner Affiliation Information: Owner / Organization Name Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: *Rescission Correspondence will be mailed to the owner address -Harold 3 Pait Harold I Pait 1068 Guyton Rd Bladenboro, NC • 28320 910-862-5806 Ext. 910-648-2971 hpait@intrstar.net Facility/Permit Contact Information Facility Name: Bladen Sand & Gravel LLC Facility Physical Address: 1829 NC 53 Hwy W Elizabethtown, NC 28337 Facility Contact:' Mailing Address: Phone Number: Fax Number: E-mail address: Reason for rescission request (This is required information. Attach separate sheet if necessary): REQUEST AND CERTIFICATION I, as an authorized representative, hereby request rescission of certificate of coverage NCG,020608 under NPDES ' Stormwater General Permit NCG020000 for the subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information is true, complete and accurate. iatur Date PnfYr6rLpe. name of p son "signing above Title Please return this completed rescission request form to: SW General Permit Coveraqe Rescission a Retention Pond 5ervicoo, Inc. 5pe alfzing /n all phases of AquatJc and Wetland Maintenance *FAX COVER SHEET* Number of Pages (including cover sheet): To: Fax Number: 7/0 From: Note P.O.6ox 15630 • Wllmingtan, N0 25406 • 910.313.6530 . Mbl-c 1.3600 • Fax 910.313.6670 www.rrtcmVon ponds.com DEED OF TRUST SECURING FUTURE ADVANCES COLLATERAL IS OR INCLUDES FIXTURES RECORDATION REQUESTED BY: WHEN RECORDED MAIL TO: PAMA H. GREENE, ATTORNEY AT LAW 505 WEST BROAD STREET, P O BOX 2245 ELTZABED TOM, NC 28337 This Deed of Trust prepared by: X RBC Centura Bank - Lending Service Center FILED BLADEN COUNTY CHARITY C. LEWIS REGISTER OF DEEDS FILED Feb28, 2007 AT 03,58:25 pm BOOK 00607 START PAGE 0429 END PAGE 0443 INSTRUMENT # 00836 THIS DEED OF TRUST is dated February 28, 2007, among Cedarbrook Land Management, LLC, whose address is P 0 Box 15630, Wilmington, NC 28408 I"Grantor"); RBC CENTURA BANK, whose address is Lending Service Center, P.O. Box 1220, Rocky Mount, NC 27802 Ireferred to below sometimes as "Lender" and sometimes as "Beneficiary"); and CB Services Corp., whose address is 134 North Church Street, PO Box 1220 , Rocky Mount, NC 27802 (referred to below as "Trustee"). CONVEYANCE AND GRANT. NOW, THEREFORE, as security for the Indebtedness, advancements and other sums expended by the Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys' fees as provided in the Note) and other valuable consideration, the receipt of which is hereby acknowledged, Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to Trustee, and Trustee's heirs or successors and assigns, for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and DEED OF TRUST BK:00607 PG:0430 (Continued) Page 2 appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Bladen County, State of North Carolina: Sao attached exhibit, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 1829 NC HWY 53W, Elizabethtown, NC 28337. To have and to hold said Real Property with all privileges and appurtenances thereunto belonging, to the Trustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions and for the uses hereinafter set forth. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: FUTURE ADVANCES. The Indebtedness secured by this Deed of Trust is for present and future obligations and this Deed of Trust is given to secure all present and future obligations of Grantor to Beneficiary. The period in which future obligations may be incurred and secured by this Deed of Trust is the period between the date hereof and that date which is fifteen (15) years from the date hereof. The amount of present obligations secured by this Deed of Trust is Three Hundred Twenty Thousand & 00/100 Dollars ($320,000.00) and the maximum principal amount, including present and future obligations, which may be secured by this Deed of Trust at any one time is Three Hundred Twenty Thousand & 00/100 Dollars ($320,000.00.) Any additional amounts advanced by Beneficiary pursuant to the provisions of this Deed of Trust shall be deemed necessary expenditures for, the protection of the security. Each future advance need not be evidenced by a written instrument or notation signed by Grantor or any other person evidencing or stipulating that such advance is secured by this Deed of Trust. All future obligations shall be considered to be made pursuant to the requirements of North Carolina General Statutes Sections 45-67, at. seq., or any amendments thereto. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor. shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except aspreviously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person DEED OF TRUST BK:00607 PG:0431 (Continued) Page 3 relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate. to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, se long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or DEED OF TRUST BK.00607 PG:0432 (Continued) Page 4 by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by North Carolina law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Dead of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewerj, fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 05) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lendercash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 05) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor 'shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lander may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lends, and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, DEED OF TRUST BK.00607 PG:0433 (Continued) Page 5 Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (6) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the DEED OF TRUST BK:D0607 PG:0434 (Continued) Page 6 proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable law,^, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deers of TrIIST shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The netproceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addiiion to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation, all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same affect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) .contests the tax as provided above in the Taxes and Liens section and deposits with Lender rash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform. Commercial Code as amended from time to time. DEED OF TRUST BK:00607 PG:0435 (Continued) Page 7 Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's. security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. The lien of this Dead of Trust and the security interest granted hereby will automatically attach, without further act, to all after -acquired property attached to and or used in the operation of the Property or any part thereof. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding. paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults.. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and DEED OF TRUST BK:00607 PG:0436 (Continued) Page 8 Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Crantor's property or Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateral ization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lion) at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue Is made), any member withdraws from the limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time DEED OF TRUST BK: D0607 PG:0437 (Continued) Page 9 thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. I -ender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Express Power of Sale Provision. Upon the application or request of Lender, it shall be lawful for and the duty of the Trustee, and the Trustee is hereby authorized and empowered, to expose to sale and to sell the Property at public auction for cash, after having first complied with all applicable requirements of North Carolina law with respect to the exercise of powers of sale contained In deeds of trust or such other sales appropriate under the circumstances; and upon any such sale, the Trustee shall convey title to the purchaser in fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the powers granted in this Deed of Trust; or pursuant to any order and any judicial proceeding or otherwise, the Property may be sold as an entirety or in separate parcels and in such manner or order as Lender in its sole discretion may elect. Trustee shall be authorized to hold a sale pursuant to North Carolina General Statute Chapter 45, If Trustee so elects, Trustee may sell the Property covered by this Deed of Trust at one or more separate sales in any manner permitted by applicable North Carolina law, and any exercise of the powers granted in this Deed of Trust shall not extinguish or exhaust such powers, until the entire Property is sold or the Indebtedness is paid in full. If such Indebtedness is now or hereafter further secured by any chattel mortgages, pledges, contracts of guaranty, assignments of lease or other security instruments, Lender may at its option exercise the remedies granted under any of the security agreements either concurrently or independently and in such order as Lender may determine. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the DEED OF TRUST BK:00607 PG:0438 (Continued) Page 10 Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to he made. Reasonable notice shall mean notice given at least ten (10) days boforo the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trusted or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's a:,crneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Trustee's Fees. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale for a completed foreclosure. In the event foreclosure is commenced, but not completed, Grantor shall pay all expenses incurred by Trustee and partial commission computed on five percent (5%) of the outstanding Indebtedness, according to the following schedule: one-fourth of the commission before Trustee issues a notice of hearing on the right to foreclosure; one-half of the commission after Issuance of notice of hearing; three -fourths of the commission after a hearing; and the full commission after the initial sale. Express Power to Substitute a Trustee. Lender shall have the irrevocable right to remove at any time and from time to time without limit the Trustee named in this Deed of Trust without notice or cause and to appoint a successor by an instrument in writing, duly acknowledged, in such a form as to entitle such written instrument to be recorded in the State of North Carolina; and, in the event of the death or PEED OF TRUST BK:00607 PG:0439 (Continued) Page 11 resignation of the Trustee named in this Deed of Trust, Lender shall have the right to appoint a successor by such written instrument, and any Trustee so appointed shall be vested with the title to the Property, and shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner and to the same extent as though the successor trustee were named in this Deed of Trust as Trustee. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. ANTI -MONEY LAUNDERING AND ANTI -TERRORISM. Grantor represents, warrants and covenants to Bank as follows: (1) Grantor (a) is not and shall not become a person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (b) does not engage in and shall not engage in any dealings or transactions prohibited by Section 2 of such executive order, and is not and shall not otherwise become associated with any such person in any manner violative of Section 2, (c) is not and shall not become a person on the list of Specially Designated Nationals and Blocked Persons, and (d) is not and shall not become subject to the limitations or prohibitions under any other U.S. Department of Treasury's Office of Foreign Assets Control regulation or executive order; (2) Grantor is and shall remain in compliance, in all material respects, with (a) the Trading with the Enemy Act, as amended, and each of the foreign assets control regulations of the United States Treasury Department 131 CFR, Subtitle S, Chapter V, as amended) and any other enabling legislation or executive order relating thereto, and (b) the Uniting And Strengthening America By Providing Appropriate Tools Required To Intercept And Obstruct Terrorism (USA Patriot Act of 20011; and 13) Grantor has not and shall not use all or any part of the proceeds, advances or other amounts or sums constituting or evidenced by the Obligations, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent BK:00607 PG:0440 DEED OF TRUST (Continued) Page 12 not preempted by federal law, the laws of the State of North Carolina without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of North Carolina. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of New Hanover County, State of North Carolina, No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender, No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means RBC CENTURA BANK, and its successors and assigns. Borrower. The word "Borrower" means Cedarbrook Land Management, LLC and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq„ or BK:00607 PG:0441 DEED OF TRUST (Continued) other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Page 13 Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the default section of this Deed of Trust. Grantor. The word "Grantor" means Cedarbrook Land Management, LLC. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transportedor otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Dead of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means RBC CENTURA BANK, its successors and assions. Note. The word "Note" means the Note dated February 28, 2007 in the principal amount of $320,000.00 from Borrower to Lender and any other Note from Borrower to Lender pursuant to which future advances intended to be secured by this Agreement are made, together with all present and future obligations evidenced thereby and secured by this Agreement and together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. DEED OF TRUST BK:00607 PG:0442 (Continued) Page14 Trustee. The word "Trustee" means CB Services Corp., whose address is 134 North Church Street, PO Box 1220 , Rocky Mount, NC 27802 and any substltute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: MANAGEMENT, LLC BY'., Glenn Garrett, Member / Manager of Cedarbrook Land Management, LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF ,-/ f D 4 &bI p I SS COUNTY OF S��,Uf �k j . n 1VQ a Notary Public for �a+adjState, certify that Glenn Garrett, Member / Manager of Cedarbrook Land Management, LLC personally came before me this day and acknowledged the due execution of the foregoing instrument in writing by himself or herself for Cedarbrook Land Management, LLC, a limited liability company, for the uses and purposes therein set forth. Witness my hand and Notarial Seal this the 25 day of -~�. 20 �Z• NCt7ARY PUBLIC '-C-K Robeson County, Nonh Carolina Notary Public My Commission Expires: Lmy Cgnmlas-141�LExplrae; 11.27.2011 20 ( Affix Notarial Seal Here I .nrn.l ,,.—, .lao.aa Van.. mYn, 1..... e.eu..I.I v1. . Nl menu nrn.. xc c Y •LWVL1' .ee mn 8K:00607 PG:0443 EXHIBIT Being all that tractor parcel of land containing 293.73 acres, more or less, lying southwest of N. C. Highway 53 and identified as Tract B on that certain map or plat captioned, "THE HARRELSON FARM, PROPERTY OF GREENE BROS. LUMBER COMPANY," by Stuart. Goodcn, R. S., surveyed May, 1959, and. Revised November 14, 1988, which said map is recorded in Map Cabinet A-68, at Page 684, Biaden County Registry, reference to which map is here made for greater certainty of description. The above -described tract shall be conveyed subject to a non-exclusive right-of-way and easement of ingress, egress and regress, being 60 feat in width, mmning frnm N. C. Highway 53 to the parcel of land identified as Tract A (containing 95.75 acres, more or less) on the above referenced map, said easement being more particularly described in Deed Book 447, Page 573, Biaden County Public Registry, said easement description being incorporated herein by reference for greater certainty of description. The rights and obligations of the parry of the first part in that certain contract for the growth of Long Leaf Pines on 69.5 acres, more or less, of Tract B and payments to be received under said contract, WITH THE EXCEPTION OF THE COST SHARE FOR PLANTING SAID PINES, shall be assigned to and assumed by the parry of the second part with and as a part of the conveyance of the above -described Tract B to the party of the second part LESS AND EXCEPTING THE FOLLOWING TWO TRACTS OF PROPERTY: TRP.CT ONE: Lying and being in Central Township, Bladen County, North Carolina, South of and adjoining N. C. Highway 53. BEGINNING at a stake in the center of N. C. highway 53, the northeast comer of the original tract of which this is a part. and runs with Marlin Chapel Church's line South 53 degrees 15 minutes 09 seconds West 52.11 feet to a stake; Thence with the church's line South 52 degrees 36 minutes 50 seconds West 13725 feet to a stake; Thence with the church's line South 43 degrees 13 minutes 00 seconds East 243.21 feet to a stake in Campbell Development, Ine.'s line (Deed Book 548, Page 136); Thence with said line South 55 degrees 55 minutes 40 seconds West 486.55 feet to a stake; Thence North 55 degrees 52 minutes 45 seconds West 403.05 feet to a stake; Thence North 30 degrees 35 minutes 40 seconds East 421.36 feet to a stake; Thence North 30 degrees 57 minutes 23 seconds East 240.75 feet to a stake in the center of N. C. Highway 53; Thence with said road South 58 degrees 43 minutes 18 seconds East 446.95 feet to the beginning, containing 7.44 acres, more or less. This property is subject to and includes an existing 60' Road Easement along the eastern side recorded in Deed Book 447, at Page 573, Biaden County Public Registry. This property is a portion of the lands described in Deed Book 524, Page 364 recorded in the Bladeo County Registry. See also Plat Cabinet A-68, Page 684, Tract B. For fii Cher back title reference see Deed Book 563, at Page 863, Eladen County Registry TRACT TWO: Lying and being in Central Township, Bladea County, North Carolina, and being more particularly described as follows: Beginning at a found P-K nail in the centerline of NC Highway 953, point being located over a road culvert, thence leaving the POINT OF BEGINNING and running along the centerline of NC Highway #53 SOUTH 58 DEGREES 43MINUTES 10 SECONDS EAST a distance of 530,55 feet to a P-K nail in the centerline of said highway; thence leaving the centerline of NC Highway #53 SOUTH 30 DEGREES 57 %UNUTES 23 SECONDS WEST a distance of 49,29 feet to an iron pipe set; thence SOUTH 30 DEGREES S7 MINUTES 23 SECONDS WEST a distance of 191..46 feet to an iron pipe set; thence SOUTH 30 DEGREES 35 MINUTES 40 SECONDS WEST a distance of 421.36 feet to an iron pipe set; thence NORTH 55 DEGREES 52 MINUTES 45 SECONDS WEST a distance of 478.72 feet to an iron pipe set; thence NORTH 53 DEGREES 20 MINUTES 39 SECONDS BAST a distance of 13620 feet to an iron pipe set; thence NORTH 49 DEGREES 47 MINUTES 28 SECONDS EAST a distance of 102.05 feet to an iron pipe set; thence NORTH 02 DEGREES 53 MINUTES 30 SECONDS WEST a distance of 214.08 feet to an iron pipe set; thence NORTH 29 DEGREES 12 MINUTES 56 SECONDS EAST a distance of 55.04 feet to an iron pipe set; thence NORTH 03 DEGREES 18 MINUTES 25 SECONDS EAST a distance of 89,02 feet to an iron pipe set; thence NORTH 51 DEGREES 01 MINUTES 49 SECONDS EAST a distance of 59.72 feet to an iron pipe set; thence NORTH 32 DEGREES 56 MINUTES 42 SECONDS EAST a distance of 48.42 feet to the Point of Beginning. Containing 7.07 acres, more or less. O Mr, Glenn H. Garrett Cape Fear Aggregate, LLC PO Box 16114 Wilmington, NC 28408 Michael F. Briley, Governor William G. Ross Jr., Secretary North Carolina Depanmem of Environment and Natural Resources Alan W. Klimek, P.E. Dircetm Division of Waur Qualiry Subject: Permit name or ownership change request Permit NCG020608 Your request for a permit name change or ownership change received on 3115107 , is being returned due to: ❑ Permit Name/Ownership Change Form is missing. ❑ Permit Name/Ownership Change Form is incomplete. ❑ Permit Name/Ownership Change Form signatures missing. 5f Missing legal document of the transfer of ownership (such as a contract or a deed). ro— Please return the information so we can continue processing your request. If you have any additional questions, please contact Sarah Young at (919) 733-5083 extension 502. Our mailing address is as follows: Wetlands and Stormwater Branch 1617 Mail Service Raleigh, NC 27699-1617 17"4w �4 - ('�)/ -4- - DWQ Stormwater Permittin it Cc: DWQ Central Files SPU v��`hCaroina JrCar�ly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 Phone (919) 733.7015 Customer scrvim Intsmat: h2o.enrstafa.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1.87740-6748 An Equal OpporomllylAfflrmatwe Acrion Employer- 50% Reryded110% Post Consumer Paper Michael F. Easley. Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Remurecs Please enter the permit number for which the change is requested, NPDES Permit 0000©©M/ OM II. Permit status prior to status change. a. Permit issued to (company name): b. �c�saynar�gptg9}�(r..j;OLDC'[TIIIt MAR 1 5 2007 e. Facility name (discharge): d. Facility address: e. Facility contact person: Alan W. Klimek, P.E. Director Division of Water Quality (1)0 Certificate of Coverage OR F411MO 9(w4_ 54"1 -1, L (—G Hr, o tGd Poo+ First ! MI / List Title N �,� Permit Holder Mailing dress OCZAI /d y�3�? State Zip /Ciry 17�17) r ( 5795 ) -57rt c More Fax l gZ4j N(, ,7i�j�� _ 7.1/�a7�`t7Jwvt /VC city { — itra101 state 7;-s ; i ' ( & zip ) �rr�ry S 7lys" 'First / MT / Lost Phone III. Please provide the following for the requested change (revised permit), a. Request for change is a result of: ➢r Change in ownership of the facility ❑ Name change of the facility or owner Ifotherplease explain: b. Permit issued to (company name): _ eaiD e.. P'ae_, c. Person legally responsible for permit: _ _ IA-10 A d9a Ca « lm ter-1 as Take _�i�. & L Pamit Holder Moiling Addrasa Wt�w*5{ar AI& —7— city State zip Phone E-mail Address d: Facility name (discharge); , 6�� ,-e t r / , /�- e. Facility address:f /' Address y �rZc, �e7hT�ad_Ll— d�L ZIS7 City Stnt Zip •- f. Facility contact person:; 5� Fiat / MI / Iaat Phone E-mail Address - Revised 7/2005 PERMIT 14AMPJOWNEPSHIP CHANGE FORM Page 2 of 2 IV, Permit contact information: (if different from the person legally responsible for the permit) Permit contact: _ /q-4�10 54so i,,,5 Pliant r..m.A, A—.. V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? 2isYcs ❑ No (please explain) VI. Required Items: THISAPPLICATION WILL BERETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is require for an ownership change request. Articles of incorporation ore not sufficient for an ownership change. ..................................................................................................... The certifications below must be completed and signed by bath the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient PERTMITTE,E[ C-E_ RTIFICATION (Permit holder prior to ownership change): i, "" o� pn 1� attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. J understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. I, signature Date APPLICANT CERTIFICATION; I, rplpna 4, attest that this application for a name/ownership change has been re ' d and is accurate and complete to the best of my knowledge. I understand that if all required part o�.4}�is a catiz are not completed and that if all required supporting information is not included, this o li ti ka c l be returned as incomplete. Date PLEASE SENT) THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section. 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Rcviacd VMS Harold J Pait 1068 Guyton Rd Bladenboro, NC 28320 Dear Permittee: Michael F. Easley, Governor William G. Ross Jr., Secretary V North Carolina Department of Environment and Natural Resources Alan W. Klimek, PE. Director Division of Water Quality February 7, 2005 r F- FEB 2 12005 DVS (Q Subject: NPDES Stormwater Permit Coverage Renewal Bladen Sand & Gravel LLC COC Number NCG020608 Bladen County In response to your renewal application for continued coverage under general permit NCG020000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. Please review the new permit to familiarize yourself with the changes in the reissued permit. The general permit authorizes discharges of stormwater and some types of wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: • A new Certificate of Coverage • A copy of General Stormwater Permit NCG020000 • A copy of a Technical Bulletin for the general permit • Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater • Five copies of Qualitative Monitoring Report Form Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Jonathan Diggs of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.537. Sincerely, for..._... _._._...__,. ._. cc: Central Files Stormwater & General Permits Unit Files Fayetteville Regional Office No thCarolina .1yWitrally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enrstate.na.uslsulstormwaterhtml 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020608 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at Bladen Sand & Gravel LLC 1829 NC 53 Hwy W Elizabethtown Bladen County to receiving waters designated as CAPE FEAR RIVER, a class C stream in the Cape Fear River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, ll, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective February 7, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 7, 2005 for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission f fi Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality June 27, 2003 2003 Mr. Harold J. Fait 1068 Guyton Road Bladenboro, NC 28320 Subject: General Permit No. NCG020000 Bladen Sand & Gravel, LLC COC NCG020608 Bladen County Dear Mr. Pait: In accordance with your application for discharge permit received on October 28, 2002, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mack Wiggins at telephone number 919/733- 5083 ext. 542. cc: cFayetteville-Regional Office Central Files Stormwater and General Permits Unit Files �l Sincerely, ORIGINAL SIGNED BY WILLIAM C. MILLS Alan W. Klimek, P.E. 7MA NCDENR Customer Service 1 800 623-7748 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020608 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Harold J. Pait Bladen Sand & Gravel, LLC is hereby authorized to discharge mine dewatering and process wastewater overflow from a facility located at . Bladen Sand & Gravel, LLC, 1829 NC 53 Highway West north of Elizabethtown Bladen County to receiving waters designated as Cape Fear River, class C waters, in the Cape Fear River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI and VII of General Permit No. NCGO20000 as attached. This certificate of coverage shall become effective June 27, 2003. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 27.2003. ORIGINAL SIGNED BY WILLIAM C. MILLS Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission