HomeMy WebLinkAboutNCG550208_Permit (Issuance)_20051021 �F W A TFRQ Michael F.Easley,Governor
\9 William G.Ross Jr.,Secretary
Vj r North Carolina Department of Environment and Natural Resources
O i. Alan W.Klimek,P.E.Director
Division of Water Quality
October 21,2005
Ms. Katie B. Eddinger
4413 Knightwood Drive
Gastonia,NC 28056
Subject:NPDES General Permit NCG550000
Certificate of Coverage NCG550208
Katie B. Eddinger-Residence
Michael H. Eveland-Residence
Gaston County
Dear Ms. Eddinger:
Division personnel have reviewed and approved your request to transfer coverage under the General Permit from
Michael H. Eveland to yourself. This request was received on October 18,2005.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General
Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of
North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency.
If you have any questions,please contact the NPDES Permitting Unit at(919) 733-5083,extension 520.
Sincerely,
an W. • els P.E.
cc: DWQ Central Files
Mooresville Regional Office,Surface Water Protection
NPDES Unit File
One
No hCarolina
Xatura!!ri
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service
Internet: h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG550000
CERTIFICATE OF COVERAGE No. NCG550208
TO DISCHARGE DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND OTHER
DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
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,
Katie B. Eddinger
is hereby authorized to operate a wastewater facility which includes a septic tank,sand filter and associated
appurtenances with the discharge of treated wastewater from a facility located at
Katie B.Eddinger—Residence
4413 Knightwood Drive
Gastonia
Gaston County
to receiving waters designated as a ut to Crowder Creek,a class C water,in the Catawba River Basin in accordance
with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,II,III,and IV of
General Permit No.NCG550000 as attached.
This certificate of coverage shall become effective October 21, 2005.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day October 21, 2005.
f vY►(
Ala W. Klimek,P.E.,Director
/ ivision of Water Quality
By Authority of the Environmental Management Commission
Michael F.Easley,tiove:nor
�., t Witliaats ti.Ross tr.,Secretary
Y a North Carolina Department o1 Environment and Nartnat Recoorcee
Alan W.Klitateh,Pb.. Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
PERMIT NAME/OWNERSHIP CHANCE FORM ^'
1. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
114 ICJJ L _ 1s _. \_i t € I. 55 Q2Q 8 1 I
II. Permit status prior to status change.
a. Permit issued to(company name):
b.Person legally responsible for permit: Michael H Eveland
First MI Last
4 Breezy Drive Title
Permit Holder Mailing Address
Fletcher NC 28732
Mkep-oa3c.p
(e-
Mate Zip
hone Fax
C. Facility name(discharge):
d.Facility address: 4413 Knightwood Drive
Gastonia Ntifc 28056
State
e. Facility contact person: Michael H Eveland 110 3Y 1 3)p
First , MI taxi Phone
III. Please provide the following for the reques d change(revised permit).
a. Request for change is a result of. Change in ownership of the facility
la Name change of the facility or owner
Iforher please explain.-
b.Permit issued to(company name):
c. Person legally responsible for permit: Katie B Eddinger
First Mt ; Lag
Title
4413 Knightwood Drive
Permit Holder Mailing Address
Gastonia NC 28056
:< State ZIP
( 704 853-2527 keddinger@scana.com
Phone
d.Facility name tdocharge;:
e. Facility address: 4413 Knightwood Drive
Gastonia NC Irab6
<.Sh State Zip
f. Facility contact person Katie B Eddinger
I first MI toot
704 853-2527 keddinger@scana.com
Phone Eaiaii Address
Revised 7/2005
OCT 1 7 2005
v
PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information: (if different from the person legally responsible for the permit)
Permit contact:
First / MI / Last
Title
Mailing Address
City State Zip
( )
Phone E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior to
this wnership or name change?
le Yes
O No(please explain)
VI. Required Items: TIIISAPPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE
INCOMPLETE OR MISSING:
O This completed application is required for both name change and/or ownership change requests.
O Legal documentation of the transfer of ownership(such as relevant pages of a contract deed, or a bill
of sale) is required for an ownership change request. Articles of incorporation are not sufficient for
an ownership change.
The certifications below must be completed and signed by both 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.
PERMITTEE CERTIFICATION(Permit holder prior to ownership change):
I, 1Q� v 14, 1 -1 a.nd , attest that this application for a name/ownership
h 0'
change as been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
app' 'on pac ge wi 1 be returned as incomplete.LL44< :7
Signature Date
APPLICANT CERTIFICATION:
I, ). c -)—ie.. T e,V_ attest that this application for a name/ownership
change has been review and is accurate and o inplete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
appli ation package will be returned as incomplete.
WC-Z.. C.)
ignature 144T4 9_9_0,5
Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Revised 7/2005
OMB NO. 2502-0265 ell?
4, A. B. I YIE Ul- LOAN:
1. FHA 2. FmHA 3. X CONV.UNINS. 4. VA CONV. INS.
U.S.DEPARTMENT OF HOUSING&URBAN DEVELOPMENT ❑ ❑ ❑ 5.❑
6. FILE NUMBtI - _ 7.TOAN NUMBER:
SETTLEMENT STATEMENT 2005080543
8. MORTGAGE INS CASE NUMBER: -
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
Items marked(POC]"were paid outside the closing;they are shown here for informational purposes and are not included in the totals.
1.0 3/98 (2005080543.PF D/2005080543/25)
D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER:
Katie Brandon Eddinger Michael H.Eveland and wife, USDA Rural Develpment
4413 Knightwood Drive Robin C.Eveland 1303 Cherryville Highway
Gastonia,NC 28056 Dallas,NC 28034
G. PROPERTY LOCATION: H. SETTLEMENT AGENT: I. SETTLEMENT DATE: -
4413 Knightwood Drive First Priority Services,Inc.
Gastonia,NC 28056 September 9,2005
Gaston County,North Carolina PLACE OF SETTLEMENT
5100 Laurel Grove Lane
Weddington,NC 28104
J.SUMMARY OF BORROWER'S I RANSAC I ION K.SUMMARY OF SELLER'S I RANSAC I ION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUN I UUE I 0 SELLER:
101. Contract Sales Price I 102,900.00 401. Contract Sales Price ' 102,900.00
102. Personal Property 402. Personal Property
103. Settlement Charges to Borrower(Line 1400) 3,821.22 403.
104. 404.
105. 405. -
Adjustments f-or Items Paul tfy Seller in advance Adjustments 1-or items Paid By Seller in advance
106. City/Town Taxes to I 406. City/Town Taxes to
107. County Taxes to 407. County Taxes to
108. Assessments to 408. Assessments to
109. 409.
110. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER 1 106,721.22 420. GROSS AMOUNT DUE TO SELLER 102,900.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500.REDUCI IONS IN AMOUN f DUE 10 SELLER:
201. Deposit or earnest money 250.00 501. Excess Deposit(See Instructions)
202. Principal Amount of New Loan(s) 102,900.00 502. Settlement Charges to Seller(Line 1400) 3,388.00
203. Existing loan(s)taken subject to 503. Existing loan(s)taken subject to
204. 504. Payoff of first Mortgage to Wells Fargo Home Mortg 92,603.71
205. 505. Payoff of second Mortgage
206. ' 506.
207. 507. (Deposit disb.as proceeds)
208. Seller paid closing cost 2,500.00 508. Seller paid closing cost 2,500.00
209. 509.
Adjustments for Items unpaid try Seller Adjustments for Items unpaid dy Seller
210. City/Town Taxes to 510. City/Town Taxes to i
211. County Taxes 01/01/05 to 09/10/05 711.07 511. County Taxes 01/01/05 to 09/10/05 711.07
212. Assessments to I 512. Assessments to
213.
513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER I 106,361.07 520. TOTAL REDUCTION AMOUNT DUE SELLER 99,202.78
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross Amount Due From Borrower(Line 120) 1 106,721.22 601. Gross Amount Due To Seller(Line 420) 102,900.00
302. Less Amount Paid By/For Borrower(Line 220) 1( 106,361.07) 602. Less Reductions Due Seller(Line 520) ( 99,202.78)
303. CASH( X FROM)( TO)BORROWER 1360.15 603. CASH( X TO)( FROM)SELLER
i 3,697.22'
HUD-1(3-86)RESPA,HB4305.2
Page L
L.SETTLEMENT CHARGES
700.TOTAL COMMISSION Based on Price $ 102,900.00 @ 3.0000 % 3,087.00 PAID FROM PAID FROM
Division of Commission(line 700)as Follows: BORROWERS SELLERS
/01.$ 3,087.00 to Piedmont Companies FUNDS AT FUNDS AT
102.$ to SETTLEMENT SETTLEMENT
703.Commission Paid at Settlement 3,087.00
/04. to
800.ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee % to
802. Loan Discount % to
803. Appraisal Fee to USDA Mural Develpment 325.00
804. Credit Report to -
805. Lender's Inspection Fee to -
806. Tax Service Fee to USDA Rural Develpment 107.00 -
807. Flood Certification Fee to
808. -
809.
810.
811. YieldSpreadPremium[lender pdJ
900.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest From 09/09/05 to 10/01/05 @ $ /day ( 22 days %)
902. Mortgage Insurance Premium for months to
903.Hazard Insurance Premium for 1.0 years to Watson Insurance Agency 800.00
904.
905.
1000.RESERVES DEPOSITED WITH LENDER
1001.Hazard Insurance 2.000 months @ $ 66.67 per month 133.34
1002.Mortgage Insurance months @ $ per month
1003. City/Town Taxes months @ $ per month
1004. County Taxes 14.000 months @ $ 85.83 per month 1,201.62
1005. Assessments months @ $ per month
1006. months @ $ per month
1007. months @ $ per month
1008. Aggregate Adjustment months @ $ per month -457.54
1100.TITLE CHARGES •
1101. Settlement or Closing Fee to First Priority Services, Inc. 400.00
1102. Abstract or Title Search to First Priority Services,Inc. 75.00
1103. Title Examination to
1104. Title Insurance Binder to
1105. Document Preparation to Joseph M.Bochicchio,Esq. 50.00
1106. Overnight/Wire Fee to First Priority Services,Inc. 60.00
1107. Attorney's Fees to Joseph M.Bochicchio,Esq. 25.00
(includes above item numbers: )
1108. Title Insurance to First Priority Services,Inc. 254.80
(includes above item numbers:
1109.Lender's Coverage $ 102,900.00
1110.Owner's Coverage $ 102,900.00 254.80
1111.
1112.
1113.
1200.GOVERNMENT RECORDING AND TRANSFER CHARGES
1201.Recording Fees: Deed $ 20.00;Mortgage $ 92.00; Releases $ 92.00 20.00
1202.City/County (ax/Stamps:Deed ;Mortgage
1203.State Tax/Stamps: Revenue Stamps 206.00;Mortgage 206.00
1204. Update and Record Fee to First Priority Services,Inc. 50.00
1205.
1300.ADDITIONAL SETTLEMENT CHARGES
1301. Survey to Jason Wylie 300.00
1302. Pest Inspection to
1303. Septic to Foothills Grading&Septic 100.00
1304.
1305. Home Inspections to Denton Home Inspections 380.00
1400.TOTAL SETTLEMENT CHARGES (Enter on Lines 103,Section J and 502,Section K) 3,821.22 3,388.00
Certified to be a true copy.
(2005080543/2005080543/25)
•
USDA Position 5
Form RD 3550-14 NC
(Rev. 05-05) '
United States Department of Agriculture
Rural Housing Service
DEED OF TRUST FOR NORTH CAROLINA
SATISFACTION. The debt secured by the within Deed of Trust
together with note(s)secured thereby has been satisfied in full.
This the day of
Signed:
Recording: Time, Book and Page
Tax Lot No. Parcel Identifier No.
Verified by County on the _ day of
by
Mail after recording to
This instrument was prepared by
THIS DEED OF TRUST("Security instrument") is made on September 9, 2Q05 .(Date)
The trustor is Katie B. Eddinger, Single ("Borrower")
The trustee is William A. Hobbs
Of Wake County
North Carolina, as trustees ("Trustee"). The beneficiary is the United States of America acting through the Rural Housing Service or
successor agency, United States Department of Agriculture ("Lender"), whose address is Rural Housing Service, c/o Centralized
Servicing Center, United States of Agriculture, P.O. Box 66889, St. Louis, Missouri 63166.
:Iccording to die Paperwork Reduction Act of 1995, an agency may not conduct or sponsor and a person is not required to respond to, a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0575-0172. The time required to complete this
information collection is estimated to average 15 minutes per response. Including the time for reviewing instructions, searching existing data sources,gathering and
maintaining the data needed,and completing and reviewing the collection of information.
1
Borrower is indebted to Lender under the following promissory notes and/or assumption agreements (herein collectively called
"Note") which have been executed or assumed by Borrower and which provide for monthly payments, with the full debt, if not paid
earlier, due and payable on the maturity date:
Date of Instrument Principal Amount Maturity Date
September 9, 2005 $102,900.00 September 9, 2038
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the
property covered by this Security Instrument; (c) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note, and (d) the recapture of any payment assistance and subsidy which may be granted to the Borrower by the
Lender pursuant to 42 U.S.C. §§ 1472(g) or 1490a. 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
Gaston County , North Carolina:
Which has the address of 4413 Knightwood Drive Gastonia
[Street] [City]
North Carolina 28056 ("Property Address");
[Zip]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures, which now or hereafter are a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property".
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows;
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and
assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly leasehold payments or ground
rents on the Property, if any; (c) yearly hazard or property insurance premiums; and (d) yearly flood insurance premiums, if any.
These items are called "Escrow Items". Lender may, anytime,an time collect and hold Funds in an amount not to exceed the maximum
amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate
Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §§ 2601 et seq. ("RESPA"), unless another law for
federal regulation that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount
not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates
of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held by a federal agency (including Lender) or in an institution whose deposits are insured by a federal
agency, instrumentality, or entity. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-
time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law
provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay
it
Borrower any interest or earnings on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and
the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this
Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for
the excess funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not
sufficient to pay the Escrow Item when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to
Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly
payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds
held by Lender. If Lender shall acquire or sell the Property after acceleration under paragraph 22, Lender, prior to the acquisition or
sale of the Property. shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this
Security Instrument.
3. Application of Payments. Unless applicable law or Lender's regulations provide otherwise, all payments received by
Lender under paragraphs I and 2 shall be applied in the following order of priority: (1) to advances for the preservation or protection
of the Property or enforcement of this lien; (2) to accrued interest due under the Note; (3) to principal due under the Note; (4) to
amounts required for the escrow items under paragraph 2; (5)to late charges and other fees and charges.
4. Charges; Liens. Borrower shall pay all taxes,assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these
obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the
person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower
makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Lender has agreed in
writing to such lien or Borrower: (a) agrees in writing to the payment of the obligations secured by the lien in a manner acceptable to
Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's
opinion operate to prevent the enforcement of the lien; 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 may
attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or
take one or more of the actions set forth above within ten (10)days of the giving of notice. •
Borrower shall pay to Lender such fees and other charges as may now or hereafter be required by regulations of Lender, and
pay or reimburse the Lender of Trustee for all of Trustee's and Lender's fees,costs, and expenses in connection with any full or partial
release or subordination of this instrument or any other transactions affecting the property.
5. Hazard or 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 floods or
flooding for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. The insurer providing the insurance shall be chosen by the Borrower subject to Lender's approval which shall not be
unreasonably withheld. If Borrower fails to maintain coverage described above, at Lender's option, Lender may obtain coverage to
protect Lender's rights in the Property pursuant to paragraph 7.
All insurance policies and renewals shall be in a form acceptable to Lender and shall include a standard mortgagee clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts
of paid premiums and renewal notices. in the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. If Borrower abandons the Property, or does not
answer within thirty(30) days a notice form Lender that the insurance carrier has offered to settle a claim, then Lender may collect the
insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,
whether or not then due. The thirty(30)day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If after acceleration the
Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior
to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the
acquisition.
6. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall
maintain the improvements in good repair and make repairs required by Lender. Borrower shall comply with all laws, ordinances, and
regulations affecting the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is
begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by
this Security Instrument of Lender's security interest. Borrower may cure such a default by causing the action or proceeding to be
dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or
3
other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in
default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or
failed to provide Lender with any material information) in connection with the loan evidenced by the Note. 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.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained
in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for
whatever in necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying
any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and
entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender is not required to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of
disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
8. Refinancing. If at any time it shall appear to Lender that Borrower may be able to obtain a loan from a responsible
cooperative or private credit source, at reasonable rates and terms for loans for similar purposes, Borrower will, upon the Lender's
request apply for and accept such loan in sufficient amount to pay the note and any indebtedness secured hereby in full.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater that the amount of the sums secured by
this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of
the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking.
Any balance shall be paid to Borrower. In the event of a partial taking of the property in which the fair market of the Property
immediately before the taking is less than the amount of the sums secured hereby immediately before the taking, unless Borrower and
Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds 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 condemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within thirty (30) days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application
of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change
the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower and any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall
not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise
of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph
16. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does
not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it
by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any
other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address
stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall
be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by federal law. 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. To this end the provisions of this
Security Instrument and the Note are declared to be severable. This instrument shall be subject to the present regulations of Lender,
and to its future regulations not inconsistent with the express provisions hereof. All powers and agencies granted in this instrument
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are coupled with an interest and are irrevocable by death or otherwise; and the rights and remedies provided in this instrument are
cumulative to remedies provided by law.
15. Borrower's Copy. Borrower acknowledges receipt of one conformed copy of the Note and of this Security Instrument.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is
leased for a term greater than three (3) years, leased with any option to purchase, sold, or transferred (or if a beneficial interest in
Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option,
require immediate payment in full of all sums secured by this Security Instrument.
17. Nondiscrimination. If Borrower intends to sell or rent the Property or any part of it and has obtained Lender's consent
to do so (a) neither Borrower nor anyone authorized to act for Borrower, will refuse to negotiate for the sale or rental of the Property
or will otherwise make unavailable or deny the Property to anyone because of race, color,religion, sex, national origin, disability, age,
or familial status, and (b) Borrower recognizes as illegal and hereby disclaims and will not comply with or attempt to enforce any
restrictive covenants on dwelling relating to race,color, religion, sex, national origin, disability, age or familial status.
18. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as
the "Loan Servicer") that collects monthly payment due under the Note and this Security Instrument. There also may 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 in accordance with paragraph 13 above and applicable law. The notice will state the name and address of the new
Loan Servicer and the address to which payments should be made.
19. Uniform Federal Non-Judicial Foreclosure. If a uniform federal nonjudicial foreclosure law applicable to
foreclosure of this security instrument is enacted, Lender shall have the option to foreclose this instrument in accordance with such
federal procedure.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
hazardous substances on or in the Property. The preceding sentence shall not apply to the presence, use, or storage on the Property of
small quantities of hazardous substances that are generally recognized to appropriate to normal residential uses and to maintenance of
the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any federal,
state, or local environmental law or regulation.
Borrower shall promptly give Lender written notice of 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 or
regulation of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,
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 applicable environmental law and regulations.
As used in this paragraph "hazardous substances" are those substances defined as toxic or hazardous substances by
environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph,
"environmental law" means federal laws and regulations and laws and regulations of the jurisdiction where the Property is located that
relate to health,safety or environmental protection.
21. Cross Collateralization. Default hereunder shall constitute default under any other real estate security instrument held
by Lender and executed or assumed by Borrower, and default under any other such security instrument shall constitute default
hereunder.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. SHOULD DEFAULT occur in the performance or discharge of any obligation in this instrument or secured by this
instrument, or should the parties named as Borrower die or be declared incompetent, or should any one of the parties named as
Borrower be discharged in bankruptcy or declared an insolvent or make an assignment for the benefit of creditors, Lender, at its
option, with or without notice, may: (a) declare the entire amount unpaid under the note and any indebtedness to Lender hereby
secured immediately due and payable, (b)for the account of Borrower incur and pay reasonable expenses for repair or maintenance of
and take possession of, operate or rent the property, (c) upon application by it and production of this instrument, without other
evidence and without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of
receivers in like cases, (d) authorize and request Trustee to foreclose this instrument and sell the property as provided by statutes in
effect on the date the foreclosure proceeding is filed with the Clerk of the Court, and(e)enforce any and all other rights and remedies
provide herein or by present or future law.
23. At Government's request,and in accordance with Item 22(d)above,Trustee may foreclose this instrument and sell the
property either for cash or secured credit at Government's option; Trustee may conduct the foreclosure sale without being personally
present through an agent or substitute trustee authorized orally or in writing by Trustee or Government; and at such sale Government
and/or its agents may bid and purchase for Lender as a stranger.
24. The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a)costs and expenses
incident to enforcing or complying with the provisions hereof(b) any prior liens required by law or a competent court to be so paid,
(c) the debt evidenced by the note and all indebtedness to Lender secured hereby, (d) inferior liens of record required by law or a
competent court to be so paid, (e) at Lender's option, any other indebtedness of Borrower owing to Lender, and (f) any balance to
Borrower, In case Lender is the successful bidder at foreclosure or other sale of all or any part of the property, Lender may pay its
share of the purchase price by crediting such amount on any debts of Borrower owing to Lender, in the order prescribed above.
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25. Borrower agrees that Lender will not be bound by any present or future State laws, (a)providing for valuation, appraisal,
homestead or exemption of the property, (b) prohibiting maintenance of an action for a deficiency judgment or limiting the amount
thereof or the time within which such action may be brought, (c) prescribing any other statute of limitations, or (d) limiting the
conditions which Lender may be regulation impose, including the interest rate it may charge, as a condition of approving a transfer of
the property to a new Borrower. Borrower expressly waives the benefit of any such State laws. Borrower hereby relinquishes,
waivers, and conveys all rights, inchoate or consummate, of descent and dower and courtesy.
26. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each rider shall be incorporated into and shall amend and supplement the
covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable
box(es)]
❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in page 1 through 6 of this
Security Instrument and in any rider executed by Borrower and recorded with this Security Instrument.
(SEAL) (SEAL)
Katie B. Eddinger
STATE OF NORTH CAROLINA
COUNTY OF
1, , a Notary Public of said County, do hereby certify
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that
the grantors, personally appeared before me this day and acknowledged the due execution of the foregoing deed of trust.
WITNESS my hand and official seal this day of
My commission expires
Notary Public
(SEAL)
STATE OF NORTH CAROLINA COUNTY
The foregoing certificate(s)of
is (are) certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the
Register of Deeds of County,N.C. in Book Page
This day of , AD, at o'clock M.
By
Register of Deeds Deputy/Assistant Register of Deeds
The form of this instrument was prepared by the Office of the General Counsel of the United States Department of Agriculture.
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