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HomeMy WebLinkAbout20191753 Ver 1_CAMA Application_20191219DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Christopher Hasty 2. LOCATION OF PROJECT SITE: 114 Hoop Pole Creek Drive along Bogue Sound, in Atlantic Beach, Carteret eounty. Longitude: 34°42' 10 Latitude: 76°46' 16 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/3/19 Was Applicant Present — No Photos Taken — No 5. PROCESSING PROCEDURE: Application Received: Officially Submitted: 8/20/19 Complete — 11 / 12/ 19 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Atlantic Beach- Certified7/24/2008 Land Classification from LUP — Single Family Residential/Conservation (B) AEC(s) Involved: CW, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Onsite Septic System Planned - None (F) Type of Structures: Existing — House, driveway, bulkhead, pier and platform, two swing -style jet ski lifts, fence Planned -pier extension, 1 platform, 2 new slips with boatlifts along Bogue Sound. (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom (not over SAV) N/A N/A 2538 ft2 Inc. 2200 ft2 Shaded (B) Shallow Bottom over SAV N/A N/A 1200 ft2 Inc. 1200 ft2 Shaded (D) Total Area Disturbed 3,738 ft2 (E) Primary Nursery Area: No (F) Water Classification: HQW/SA Open: Yes 8. Project Summary: The proposed project is for the construction of a pier extension, platform and two slips with boatlifts to the existing pier and platform within Bogue Sound. Field Investigation Report Christopher Hasty 114 Hoop Pole Creek Drive Page 2 of 3 The Christopher Hasty project is located at 114 Hoop Pole Creek Drive in Atlantic Beach, Carteret County. The site is found by following the Atlantic Beach causeway to the four way stoplights. Turn right onto West Fort Macon Road and continue for approximately 2.24 miles (11849 feet). Turn right at the Dollar General and follow Lee Drive and turn right onto Hoop Pole Creek Drive. Continue for approximately . 3 5 miles (1, 83 3' ). The property will be immediately on the left. The residential property is .42 acres (18,252 sf) in its entirety and an average of 4' above nhw. Bogue Sound runs along the north side of the property. The upland vegetation mainly consists of lawn grasses, shrubs, and a few cedar and oak trees. There is a 45' x 86' section of coastal wetlands, which consists mostly of (Spartina alterniflora) along the 86' of shoreline on Bogue Sound. The waters of Bogue Sound have approximately 2.5'to 3' lunar tidal amplitude. The Division of Water Resources classifies this area as HQW/SA Waters. This area of Bogue Sound is not designated as a Primary Nursery Area and is open to the taking of shellfish. The Atlantic Beach Land Use Plan classifies this area as Single Family Residential with Conservation within the AECs. According to Google Earth spacial data, the channel edge is located approximately 10' to 20' waterward (north) of the most northern proposed platform and the most northern proposed slips (1 &2). Water depths within the slip areas are - 5.5'nlw/mlw to -5.85' nlw/mlw. The bottom substrate is sand and no SAV were observed within the proposed slip areas and platform area. The extent of the SAV is approximately 340' from NHW and 300' from the edge of marsh. Water depths over the SAV are .5' nlw to 2.75' nlw depending on location. Bogue Sound is approximately 1.5 miles wide at this location. 10) Proposed Development: The applicant is proposing a pier extension, platform and two slips with boatlifts at the existing one slip pier and platform. The existing pier and platform currently have 2 swing - style jet ski lifts, however one is stored over the existing platform and one is stored over the existing pier access. The one stored over the pier access would be considered an existing slip. The existing pier and platform extend a maximum of 150' from NHW and 100' from the edge of marsh. There are SAV within the proposed pier extension area however no SAV was observed within the proposed slip areas. Water depths over the SAV area range from.5 nlw to 2.75' nlw. The water depths within the proposed slip areas are - 5.75'nlw to 5.85' nlw. The applicant is proposing to add a 6' x 500' pier extension at the most northern portion of the existing t-head platform. A 6' x 200' section of the pier addition would extend over SAV habitat with the final 6' x 300' section over shallow bottom habitat. It would then connect with a 20' x 20 platform. They are also proposing two new slips (# 1 and # 2) along the east and west side of the proposed platform. Both slips would contain 13' x 13' boatlifts. The most landward section of the proposed platforms and boatlifts are approximately 290' waterward of the edge of SAV habitat. The final length of the Field Investigation Report Cristopher Hasty 114 Hoop Pole Creek Drive Drive Page 3 of 3 extension, platform and boatlifts would extend a maximum of 672' from NHW and 630' of the channel edge 10' to 20' depending on location and a minimum of 19' from the western riparian corridor and 19.5' from the eastern riparian corridor. Riparian corridors were determined by existing pier alignment, channel location and channel alignment. There would be a total of three slips (one existing jet ski lift and two new slips). The jet ski lift stored over platform is not considered a slip. The boat size would be limited to a maximum of 23' and of open runabout design. The water depths within the slip areas are - 5.75' nlw to 5.85' nlw/mlw depending on location, with connecting water depths of -6.25' plus nlw/mlw. The water depths beyond 400' fall an additional 2.0' from 400' to 600'. 11. Anticipated Impacts: The proposed pier and platform additions as well as boatlifts would shade 2200 ft2 and incorporate 2538 ft2 of shallow bottom habitat. A portion of the pier extension would also shade and incorporate 1200 ft2 of SAV habitat. The development would increase the number of slips from none to two. The increase in suspended sediment and turbidity levels from the piling placement would be temporary, occur while the piling placement is taking place and should be minimal given the bottom composition. The proposed docking facility should not be a hindrance to navigation due to the fact all portions would be located landward 10' to 20" from the historic channel edge. The propose docking facility would also meet the minimum 15' setback from the riparian access lines and not exceed a maximum distance of 630' waterward of the edge of marsh or 672' from NHW and not extend beyond existing pier head length to the west. No SAV where observed within the proposed platform and slip areas. Name: Heather M. Styron Date: 12/17/19 Office: Morehead City Major Permit Fee Sched UI Project Name: County: Check No & Amount: Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 o 100 /o ($250) 0 0 /o ($0) excavation of any wetlands or open water areas: 11. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: 111(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: Project Narrative for Christopher Hasty Dock Extension Project To Whom it may concern, Our project is located at 114 Hoop Pole Creek Drive in Atlantic Beach, NC. We are proposing lengthen the dock a total of 520' seaward of the end of the existing dock. The proposed dock will be 6' wide with a 205x20' platform at the end. We are also proposing (2) boat lifts (1) on each side of the platform. The purpose of our project is to achieve more water depth at low tide for recreational boating purposes. Thank you for your time and consideration on this proposal. Thank you, Alan Bailey RECEIVED AUG 2 0 2019 DCM-MHD CITY ON MP-1 APPLICATION for Major Development Permit (last revised a<, -- - North Carolina DrvrslON-oFCOPSTAL-Mu+neEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State ZIP Country Phone No. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI ' Last Name Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 Phone No. 2 �7 -Z51 `% - ���'� ext. - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> ADD CIM-NOG 610Z 9 I AON (13n13038 { Form DCM MP-1 (Page 2 of►) APPLICATION for Major Development Permit 3. Project'` Location County (can be multiple) Street Address State Rd. # IN Subdivision Name City State Zip Phone No. Lot No.(s) (if many, attach additional page with list) a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project ��►i�,t Lnt� c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural []Manmade ❑UnknownC�(>C` �i���,/V 0 e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes ❑No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) (, 41. L i c. Size of individual.Iot(s) d. Approximate elevation of tract above NHW (normal high wafer) or NWL (normal water.level) NWL (If many lot sizes, please attach_ additional page with. a list) ❑NHW o e. Vegetation on tract f. Man-made features and uses now on tract 1pe, T1c:E-� t g. Identify and. describe the existing land uses adjacent to the proposed project site. h. How does local government zone the tract? L Is the proposed project consistent with the applicable zoning? Attach zoning compliance certificate, if applicable) Yes []No ❑ NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑YesoA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes A National Register listed or eligible property? AID GHN-V40(i <Form continues on next page> 610Z 9 1 AON ®3A13038 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? Xyes ❑No (ii) Are there coastal wetlands on the site? '"jYes ❑No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. d ri Siw..;✓ � c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resultin from the proposed project? Sq.Ft or []Acres ZOO g. Will the proposed project encroach on any public easement,. public accessway or other area ❑Yes ❑No NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. A/X i. Will. wastewater or stormwater be discharged into a wetland? []Yes []No NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No A j. Is there any mitigation proposed? ❑Yes 00a,NA If yes, attach a mitigation proposal. <Form continues on back> .F.crim DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. —a.—A-project-narrative. -- - b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e., The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name �C (U&7u L;; fZ i°6 ! '°.� �^c�-N t.�2 fi ?E'�✓� Phone No. Address 501' NVP50 0 SiLyr- ?� t�Qi�n 2 N � r' �Gi.4 ��k ��f� Phone No. Name 14i,'� �0 ` rf<iW , 4E9. fi ,,� Address fZ1z 13C¢/wbiU -'AU✓6 -17.4tewelJ Name Phone No. Address 'g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name Aig 1%% 406 t!i Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts \❑1DCM MP-3 Upland Development jDCM MP-4 Structures Information RECEIVED NOV 12 2019 Form DCM MP-4 STRUCTURES (Construction_within-Public—T-rust-Ar-eas)- - --- Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government')�Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length 15ek, ' (iv) Width K ` (v) Floating ' ❑Yes XNo e. (i) Are Platforms included?]Yes ❑No If yes: (ii) Number (iii) Length' (iv) Width L (v) Floating ❑Yes XNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed L (ii) Number of slips existing �i i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel Open water; no dredging required ❑Other; please describe: k• Typical boat length. m. (i) Will the facility have tie pilings? ❑Yes ` 0 (ii) If yes number of tie pilings? b. (i) Will the facility be open to the general public? ❑Yes�0No d. (i) Are Finger Piers included? ❑Yes No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included?-' Byes ❑No If yes: (ii) Number (iii) Length / r (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies Dockage ("wet slips") only, number of slips: Z ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail sail boats, mixed types). I. (i) Will the facillit be open to the general public? ❑Yes rlo RECEIVED NOV 12 2019 252-808-2808 :: 1-8188-4RCOAST :: www.nccoastaimanagement.netE)CIAN61 FA revise ! 6 Form DCM MP-4 (Stm-Ztures, Rage 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS XThis. section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑-Office-Toilets— Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location:`t b. Describe treatment type and disposal location for all sanitary wastewater. !`-I Ir c. Describe the disposal of solid waste, fish offal and trash. r./ 0 d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. !v /4 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. //4% - g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed.. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. A/ 151 j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? /k-� // I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED NOV 12 2019 DCM-MHa CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised-. 12/27/06 Form DCM - (SfrLictures, Page 3 of ) m. Is the m rina/docking facility proposed within a primaryor secondary nursery area? ❑Yes No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes �No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. .CW --EgSAV Q_ ❑SB � WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes 0 If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) .This section not applicable { a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. a• (i) Number (ii) Length (iii) Width c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing RECEIVE[ NOV 12 2019 252-808-2808 ;; 1-888-4I11COAST n vvvavw.. ccoastalmanageme t.net revised: 12/27/06 Fore DCM MiP- ( is ctures, Page 4 of 4) 7. GENERAL - a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. `' o'V / OJU tf� / / / /J of- (.� /2� Oi J5 % *�1� Z�; t i�5 % Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 79oo reldT e. (i) Will navigational aids be required as a result of the project? ❑Yes 6 o ❑NA (ii) If yes, 2plain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL f" hJ /, k 8. GTHER = t�,not amlicab These le a. Give complete description: RECEIVED NOV 12 2019 ®CM-MHD CITY 252-808-2808 ;a 9�888-41RCOAST -- www.nccoastaimanagement.net revised: 12/27106 NORTH CAROLINA Environmental Quality December 19, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregq.bodnar(a_ncdenr.qov SUBJECT: CAMA Major Permit Application Review Applicant: Christopher Hasty Project Location: 114 Hoop Pole Creek Dr, Carteret County Proposed Project: Pier extension, platform, and two slips with boatlifts. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division at Coastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by December 16, 2020. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached*" This agency has no comment on the proposed project. PRINT NAM AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 RE 110391 WARRANTY DEED FOR RECKaren 6 ISTRAT10N REGISTER OF as ('nuntys ttlC May 23, 2019 03:28:1'1 PN INN DEED 3 P FEE $26 00 NC REVENUE STANP: $2.650. FILE # 1638394 REP,ARED BY: BESWICK, GOINES, WICKIZER & MEEKS, PLLC, 911 ARENDELL STREET, MOREHEAD CITY, C 2T7 RETURN TO: BESWICK, GOINES, WICKIZER & MEEKS PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557, STATE OF NORTH CAROLINA COUNTY OF CARTERET Excise Tax: $',tvSb.0C-' Parcel # 636516947026000 THIS WARRANTY DEED made and entered into this 2Q day of May 2019, by and between: Hoophole Creek Properties Limited Partnership 2808 Royster Street Raleigh, NC 27608 RECEIVED (GRANTOR) AUG 2 0 2019 and DCM-MHD CITY Frances Wilfong Hasty and husband, Christopher Clay Hasty (GsRANTEE) jThe designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt of which i� hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that certain lot, tract or parcel of land situated in CARTERET COUNTY, North Carolina and more particularly described as follows: �3� Beswick, Goines, Wickizer & Meeks, PLLC GEORGE W. BESWICK(1941-2014) M. DDUGLAS GOINES ' Certified Mediator May 24, 2019 Christopher and Frances Hasty 506 6esapeake Place Greenille NC 27858-0678 Re: It 4 Hoop Pole Creek Drive Atlantic Beach NC JULIE G. WICKIZER ERIN BRADLEY MEEKS Mr. and Ms. Hasty: I Enclosed please find THE ORIGINAL RECORDED WARRANTY DEED for your records. Should you have any questions or concerns, please do not hesitate too"Ovauffice. Sincerely yours, AUG 2 0 2519 BESVYICK, GOINES, WICKIZER, & MEEKS, PLLC pCM- MHp CITY 3t4- Holly1T. Carpenter IGW/hc Enclosure Above This Lfne For Recording DEED OF TRUST When recorded, return to: First -Citizens Bank &Trust Company Attn: Final Document Department RO. Box 11757 Columbia, SC 29211 This document was prepared by: Stacey Rath First -Citizens Bank &Trust Company 1314 Park Street Columbia, SC 29201 800433.6898 LOAN M 40074631 MIN 1001134-1100002277-3 DEFINITIONS MERS PHONE #: 1.888-679-6377 Words used In multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13. 18, 20 and 21. Certain rules regarding the usage of words used In this document are also provided In Section 16. (A) "Security Instrument" means this document, which Is dated May 23, 2019, f,%&Qr%jVEC all Riders to this document. (B) ^Borrower" Is CHRISTOPHER CLAY HASTY,AND FRANCES WILFONG HASTY, HUSBAND AND WIFE. AUG 2 0 2019 Borrower is the truster under this Security Instrument. (C) "Lender" Is First -Citizens Bank &Trust Company. j Lender Is a Corporation, South Carolina. 29211. (D) "Trustee" Is Nauss, Incorporated. DCM-MHA CITY organized and existing under the laws of Lender's address Is P.O. Box 11757, Columbia, SC (E) "MERS" Is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lenderand Lender's successors and asslgns. MERS Is the beneficiary under this Security Instrument. MERS Is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, let. (888) 679-MERS. NORTH CAROLINA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30341/01 Ellie Mae, Inc. Page 1 of 9 NCEDEED 0315 NCEDEED(CLS) 'r 051211201906:06 AM PST LOAN #t 40074631 (F) "Note" means the promissory note signed by Borrower and dated May 23, 2019. The Note states that Borrower owes Lender NINE HUNDRED FORTYTHREE THOUSAND EIGHT HUNDRED EIGHTY TWO AND Dollars(U.S. $943,082.00 ) plus Interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1, 2049. (G) -Property" means the property that Is described below under the heading "Transfer of Rights In the Property" (M "Loan" means the debt evidenced by the Note, plus Interest, any prepayment charges and late charges due under (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders ere to be executed by Borrower (check box as applicable): ❑x Adjustable Rate Rider ❑ Condominium Rider ❑x Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] ❑ 1.4 Family Rider ❑ Biweekly Payment Rider ❑ VA. Rider (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments' means all dues, fees, assessments and other charges that are Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper Instrument, which Is initiated through an electronic terminal. telephonic Instrument, computer, or magnetic tape so as to order, Instruct, or authorize a financial Institution to debit or credit an account. Such term includes, but Is not limited to, polnt-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those Items that are described In Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than Insurance proceeds paid under the coverages described In Section 5) for: (1) damage to, or destruction of, the Property; (II) condemnation or other taking of all or any part of the Properly; (111) conveyance In lieu of condemnation; or (Iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (I) principal and Interest under the Note, plus (II) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Reel Estate Settlement Procedures Act (12 U.S.C. §2601 at seq.) and Its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used In this Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed In regard to a'federally related mortgage loan" even If the Loan does not qualify as a'federally related mortgage loan" under RESPA. (R) "Successor In Interest of Borrower" means any parry that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficlary of this Security instruments MERS (solely as nominee for Lenderand Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (1) the repayment of theLoan— andall renewals, extensions and modi0cations of the Note; and (11) the performance of Borrows ®'a?�(d�`r{, ED agreements under this Security Instrument and the Note. For this purpose, Borrower Irrevocably gr conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located In the County [Typeef RecWdh9Judsdlcdoo]of Carteret [Name or Recording Jurisdiction]: [1 O 7L0l(3 APN#: 6365.16.94.7026000 AUG D which currently has the address of 114 Hoop Pole Creek Drive, Atlantic Beach, North Carolina 28512 ("Property Address"): pp Coda] DCM-MHD CITY Istreetl [City] TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument, All of the foregoing is referred to In this Security Instrument as the "Property.' Borrower understands and agrees that MERS i NORTH CAROLINA—Sh9le Family —Fannie Maeff reddie Mac UNIFORM INSTRUMENT Form 30341/01 Bill Mee, Inc. Page 2 of 9 NCEDEED 0315 NCEDEED(CLS) in1!V1%%WWA� 03/E11201906:06AMPST LOAN #: 40074631 holds only legal title to the Interests granted by Borrower In this Security Instrument, but, If necessary to comply with law or custom, MERE (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those Interests, Including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender Including, but not limited to, releasing and canceling this Security Instrument. 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 warren .... fend-gensra..ythat6a o e rope againsta amsan emends,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, If any check or other Instrument received by lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the foiknaing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashler's check, provided any such check Is drawn upon an institution whose deposits are insured by a federal agency, Instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions In Section 15. Lender may return any payment or partial payment It the payment or partial payments are Insufficient to bring the Loan current. N Borrower has breached anycovenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment Insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments In the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of Its scheduled due date, then Lender need not pay Interest on unapplled funds. Lender may hold such unappiled funds until Borrower makes payment to bring the Loan current. if Borrower does not do so within a reasonable pedod of time, Lender shall either apply such funds or return them to Borrower, if not applied earlier, such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or In the future against Lender shall relieve Borrower from making payments due under the Nate and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) Interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment In the order in which It became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Is outstanding, Lender may apply any payment received from Borrower to the repayment of the Pedodlo Payments If, and to the extent that, each payment can be paid In full. To the extent that any excess exists after 1 the payment Is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, Insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note Is paid In full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other Items which can attain priority over this Security Instrument as a Ilen or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, If any; (c) premiums for any and all Insurance required by Lender ! under Section 5; and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums In accordance with the provisions of Section 10. These Items are called "Escrow Items." Alorigination oral any time during the term of the Loan, Lender may require that CommunhyAssoGation Dues, Fees, and Assessments, If any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or j all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing. In the event of such waiver, Borrower shall pay directly, when and where payable, j the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained In this Security Instrument, as the phrase "covenant and agreement" Is used in Section 9. If ! Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount due for an Escrow Item, Lender may exercise Its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given In accordance with Section 15 and, upon such revocafion, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable asilmates of expenditures of future iEscrow Items or otherwise In accordance with Applicable Law. NORTH CAROLINA-13 ftle Famlly-Fannle Mao/Fraddle Mac UNIFORM INSTRUMENT rem 30341/01 Ellie Mee, Inc. Page 3 of 9 NCEDEED 0315 NCEDEED(CLa) 'r 05/21/201906:06 AM PST LOAN #: 40074631 The Funds shall be held In an Institution whose deposits are Insured by a federal agency, instrumentality, or entity (Including Lender, if Lender Is an Institution whose deposits are so Insured) or In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made to writing or Applicable Law requires Interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that Interest by RESPA. If there Is a surplus of Funds held In escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds In accordance with RESPA. If there Is a shortage of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA, but In no more than 12 monthly payments. If there Is a deficiency of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 42 monthly payments. Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, If any, and CommunityAssoclatlon Dues, Fees, and Assessments, if any. To the extent that these Items are Escrow Items, Borrower shall pay them In the manner provided In Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien In a manner acceptable to Lender, but only so long as Borrower Is performing such agreement; (b) contests the lien In good faith by, or defends against enforcement of the lien In, legal proceedings which In Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property Is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice Identifying the lien. Within 10 days of the date on which that notice Is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender In connection with this Loan. 5. Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards Included within the term "extended coverage; and any other hazards Including, but not limited to, earthquakes and floods, for which Lender requires Insurance. This Insurance shall be maintained In the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders right to disapprove Borrower's choice, which light shall not be exercised unreasonably. Lender may require Borrower to pay, In connection with this Loan, either. (a) a one-time charge for good zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees Imposed by the Federal Emergency Management Agency In connection with the review of any flood zone determination resulting from an objection by Borrower. - If Borrower falls to maintain any of the coverages described above, Lender may obtain Insurance coverage, at Lender's opflon and Borrower's expense. Lender Is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously In effect. Borrower acknowledges that the cost of the Insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment. All Insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall Include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of Insurance Coverage, not otherwise required by Lender, for damage to, or destruction of, the Properly, such policy shall Include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the Insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any Insurance proceeds, whether or not the underlying Insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security Is not lessened. During such repair and restoration period, Lender shall have the right to hold such Insurance proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is completed. Unless an agreement Is made In writing or Applicable Law requires Interest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums seared by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Insurance proceeds shall be applied In the order provided for In Section 2. NORTH CAROLINA--Single Family —Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Penn 30341/01 Elite Mae, Inc. Page 4 Of 9 NCEDEED 0315 NCEDEED (CLS) {M1IY.14WMVb 05f211201906:06 AM PST � n is N In c� LOAN#.' 40074631 It Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within a0 days to a notice from Lender that the insurance carder has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice Is given. In either event, or It Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any Insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all Insurance policies covering the Property, Insofar as such rights are applicable to the amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating clrcumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate or commlt waste on the Property. Whether or not Borrower Is residing In the Property, Borrower shall maintain the Properly In order to prevent the Property from deteriorating or decreasing In value due to its calditlon. Unless It Is determined "pursuant to Section 5 that repair or restoration Is not economically feasible, Borrower shall promptly repair the Property If damaged to avoid further deterioration or damage. If Insurance or condemnation proceeds are paid In connection with damage to, or the taking of, the Property, Borrowershall be responsible for repairing or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a single payment or In a series of progress payments as the work Is completed. If the Insurance or Condemnation proceeds are not sufficient to repair or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or Its agent may make reasonable entries upon and Inspections of the Property. If it has reasonable cause, Lender may Inspect the Interior of the Improvements an the Property. Lender shah give Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause. 6. Borrower's Loan Application. Borrower shall be In default If, during the Loan application process, Borrower or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or Consent gave materially false, misleading, or inaccurate Information orstatements to Lender (or failed to provide Lender with material Information) In connection with the Loan. Material representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument, If (a) Borrower falls to perform the Covenants and agreements contained In this Security Instrument, (b) there Is a legal proceeding that might significantly affect Lender's Interest In the Property and/or rights under this Security Instrument (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Inatmmentor to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever Is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security Instrument, Including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can Include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing In Court; and (c) paying reasonable attorneys' fees to protect Its Interest in the Property and/or rights under this Security Instrument, including Its secured position in a bankruptcy proceeding. Securing the Property Includes, but Is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, draln water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It Is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and Interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance In effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage Insurerthat previously provided such Insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect, from an ahemate mortgage Insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage Is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage ceased to be In effect. Lender will accept, use and retain these payments as a non- refundable loss reserve, If permitted under Applicable Law, In lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan Is ultimately paid in full, and Lender shall not be required to pay Borrower any Interest or earnings on such loss reserve, If permitted underApplfcable Law. Lender can no longer require loss reserve payments If Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an Insurer selected by Lender again becomes available, Is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance In effect, If permitted under Applicable Law, or to provide a non-refundable loss reserve, unfit Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applcable Law. Nothing In this Section 10 affects Borrower's obligation to pay Interest at the rate provided In the Note. NORTH CAROLINA-Single Famlly-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Form 30341/01 El le Mae, Inc. Page 5 of 9 NCEDEEO 0315 'y.ry 1 OWV201908:06 AM PST O 0 2 X m 0 _m C m 0 I LOAN if: 40074631 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses It may Incur If Borrower does not repay the Loan as agreed. Borrower Is not a party to the Mortgage Insurance. Mortgage Insurers evaluate their total risk on all such insurance In force from time to time, and may enter Into agreements with other parties that share or modify their Oak, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage Insurer j may have available (which may Include funds obtained from Mortgage Insurance premiums). any omeremay, or any affiliate of any of the foregoing, may receive (directly or Indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying the mortgage Insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the Insurer's risk In exchange for a share of the premiums paid to the Insurer, the arrangement is often termed 'captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, If the restoration or repair is economically feasible and Lender's security Is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work Is completed. Unless an agreement Is made in writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair Is not economically feasible or Lender's secudty would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied In the order provided for In Section 2. In the event of a total taking, destruction, or loss In value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower. In the event of a partial taking, destruction, Orion In value of the Property In which the fair market value of the Property Immediately before the partial taking, destruction, or loss In value Is equal to or greater then the amount of the sums secured by this Security Instrument Immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree In writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss In value divided by (b) the fair market value of the Property Immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property In which the fair market value of the Property Immediately before the partial taking, destruction, or loss In value Is less than the amount of the sums secured Immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property Is abandoned by Borrower, or If, after notes by Lender to Borrower that the Opposing Party (as defined In the next sentence) offers to make an award to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice is given, Lender Is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sumo secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a fight of action In regard to Miscellaneoua Proceeds. Borrower shall 6e In default if any action ar proceeding, whether civIl or criminal, Is begun that, In Lender's Judgment, could result In forfeiture of the Property or other material Impairment of Lender's Interest in the Property or rights under this Security Instmmen4 Borrower can cure suclt a default and, If acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, In Lender's Judgment, precludes fortelture of the Property or other material Impairment of Lender's Interest in the Property or rights under this Security Instrument. The proceeds of any award orclalm for damages that are attributable to the Impairment of Lender's Interest In the Property ere hereby assigned and shall be paid to Lender. All proWded l eous Proceeds that are not applied to restoration or repair of the Property shall be applied In the order for or In Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower. Any forbearance by Lender In exercising any right or remedy Including, without limitation, Lender's acceptance of payments from third persons, entitles or Successors In Interest of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co4gners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be Joint and several. However, any Borrower who co-signs this Secudty, NORTH CAROLINA-.$Ingle Family -Fannie MaelFreddle Mao UNIFORM INSTRUMENT Forth 30341101 Elie Mee, Inc. Page fi of 9 NCEDEED 0315 NCEDEEO (CLS) 05/21/20190&06 AM PST LOAN #: 40074631 Instrument but does not execute the Note (a "coslgner"p (a) Is cosigning this Security Instrument only to mortgage, grant and convey the co-signer's Interest In the Property under the terns of this Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and Is approved by Lender, shall obtain all of Borrower's rights and benefits Security Instrument unless Lander agrees to such release In writing, The covenants and agreements of this Security Instrument shall bind (except as provided In Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrowerfess for services performed in connection with Borrower's default, for the purposeofprotecting lenders Interest in the Property and rights underthis Security Instrument, Including, but nollimited to, attorneys' fees, property Inspection and valuation fees. In regard to any other fees, the absence of express authority In this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a taw which sets maximum loan charges, and that law is finally Interpreted so that the Interest or other loan charges collected or to be collected In connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge Is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. f 5. Notices. All notices given by Borroweror Lender in connection with this Security Instrument must be in writing. Anynoflce to Borrower In connection with this Security Instrument shall be deemed to have been given to Borrowerwhen mailed by first class mall or when actually delivered to Borrower's notice address If sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly natty Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time, Any notice to Lender shall be given by delivering It or by malting it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice In connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument Is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument, 16. Governing Law; Severabllily; Rules of Construction. This Security instrument shall be governed by federal law and the law of the Jurisdiction In which the Property Is located. All rights and obligations contained In this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or Implicitly allow the parties to agree by contract or it might be sllent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used In this Security Instrument: (a) words of the masculine gender shall mean and Include corresponding neuter words or words of the feminine gender, (b) words In the singular shall mean and Include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18. "Interest In the Property" means any legal or beneficial Interest In the Property, including, but not limited to, those beneficial Interests transferred In a bond for deed, contract for deed, Installment sales contract or escrow agreement, the Intent of which Is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property Is sold or transferred (or If Borrower is not a natural person and a beneficial Interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest ot: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (a) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument, including, but not limited to, reasonable attorneys'lees, property Inspection and valuation fees, and other fees Incurred for the purpose of protecting Lender's Interest In the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's Interest In the Property and rights under this Security Instrument, and Borrower's obllgaflon to pay the sums secured by this Security instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses In one or more of the fallowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check Is drawn upon an Institution whose deposits are Insured by a federal agency, Instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured NORTH CAROLINA-Single Family -Fannie Maeffreddie Mao UNIFORM INSTRUMENT Form 30341/01 Ellie Mae, Inc. Page 7 of 9 NCEDEED 0315 NCEDEED (CLS) '1 06121/201906:06 AM PST 0 0 2 0 0 LOAN #: 40074631 hereby shall remain fully effective as If no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial Interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change In the entity (known as the "Loan Servicer") that collects Pol lc Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the name and address of the new Loan Servicer, the address to which payments should be made and any other j Information RESPA requires In connection with a notice of transfer of servicing. If the Note Is sold and thereafter the Loan Is serviced by Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, Join, or be Joined to any Judicial action (as either an Individual litigant or the member of a class) that arises from the other pangs actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such i Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 16) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take oorrecUve action provisions of this Section 20. 21. Hazardous Substances. As used In this Section 21: (a)'Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)'Environmental Law° means federal laws and laws of the Jurisdiction where the Property Is located that relate to health, safety or environmental protection; (a) "Environmental Cleanup" Includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall act do, nor allow anyone else to do, anything affecting the Property (a) that is In violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (Including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, Including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value) the condition If Borrower learns, or Is notified by any governmental or regulatory authority, or any private party, that any removal or other remer lation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all i necessary remedial actions In accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup, NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a data, not less than 30 days from the date the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified In the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non xlstence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the data specified in the notice, Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without further demandand may Invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, Including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender Invokes the power of sale, and If It Is determined In a hearing held in accordance with Applicable iLaw that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Properly at public auction to the highest bidder at the time and place and under the terms designated In the notice of sale In one or more parcels and In any order Trustee determines. Lender or Its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees of 0.00 % of the gross sale price; (b) to all sums secured by this Security Instrument; and (a) any excess to the person or persons legally entitled to NORTH CAROLINA—Sh9 a Family —Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30341/01 Ellie Mae, Inc. Page 8 of 9 NCEDEED 0315 NCEDEED (CLS) 05/21/2o190eo6AMFST v m t� M v c (� s m v LOAN #: 40074631 It. The interest rate set forth In the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this Security Instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only If the fee is paid to a third party for services rendered and the charging of the fee Is permitted under Applicable Lew. —�4. Subsghrte-Trusteo;.-L indeT mayyfrowtitNai-to t me remove I rus ee and appoint a successor trustee to any Trustee appointed hereunder by an Instrument recorded In the county In which this Security Instrument Is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and dutles conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. Attorneys' fees must be reasonable. BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ``] Itq (Seal) FRANCES WILFONG HASTY DATE STATE of NORTH CAROLINA } } SS: COUNTY of } I certify that the following persons) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document: CHRISTOPHER CLAY HASTY AND FRANCES WILFONG HASTY. Date: (Official Seal) RECEIVED Official Signature of Notary AUG 2 0 2019 Notary's Anted or ry' p typed name, Notary Public My commission expires: DCM-MHD CITY '., Lender: First -Citizens Bank &Trust Company NMLS ID: 503941 Loan Originator: Chris Davis NMLS ID: 737682 NORTH CAROLINA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30341/01 Ellie Mae, Inc. Page 9 Of 9 NCEOEED 0315 NCEOEED(CLS) +� 05127/201906:08 AM PST Mrst Citizens Bank MEMBER FDIC Christopher C. Hasty Frances W. Hasty LOAN NO.: 40074 631 BORROWER(S) CLOSING CERTIFICATION RFc���FcI MAH,IN, GADDRESS: 506 Chesapeake Place, Greenville, NC 27858 h '90 lr PROP IRTY ADDRESS: 114 Hoop Pole Creek Drive, Atlantic Beach, NC 28512 04.%yt, 0201'9 Hastycv) I.ann #: 40 74691 N OtCUPANCYSTATEMENT: This is to cwtify that I, Christopher C. Hasty and Frances W. Hasty intend to occupy said property as my primary residence within 60 days of loan closing. Failure to comply with occupancy shall constitute default under terms of the loan and in case of default I must upon recall of the loan by the Lender immediately pay in full the balance of� the loan and any other amounts to which Lender is entitled upon default. Upon failure to occupy, I acknowledge that the interest rate may be accelerated to the non owner occupied rate in effect at the date of the original application. 0 SALES CONTRACT: (If applicable) A�1 of the conditions, including but not limited to inspections, of the Contract/Offer to Purchase signed and executed by mp have been satisfactorily met. N EMPLOYMENT CERTIFICATION: I im currently working and income circumstances have not changed from that as shown on the loan application. I have re,6eived no notice of layoff and do not have any knowledge of pending layoff. My outstanding obligations are substantially the same as reported on the application. 19 COMPLIANCE AGREEMENT: T e undersigned borrower has been advised by the closing agent that the loan documents being executed this date do not have final approval of or acceptance by the investor or guarantor which has issued its commitment to purchase or guarantee the loan. As a condition of tender proceeding with the closing or disbursement of loan proceeds, I agree to fully cooperate and adjust for clerical errors on any loan documents and will execute whatever additional documents mAy be required in order to make this loan eligible for purchase or guarantee by the investor or insuring agency. El BORROWER'S ACKNOWLEDGMENT: The fender accepts no responsibility for nor does it warrant the accuracy or completeness of any termite letters, repah inspections, appraisals, title reports, title insurance, or any other type of inspection or report regarding the physical cod dition or title to the property subject to your mortgage loan. The borrower(s) hereby acknowledges that it is the borrower's responsibility to confirm the accuracy and completeness of such materials and the borrower further waives any and all claims against the Lender, its successors and assigns. The borrower(s) have found the property to be in sa(isfactory condition without reservation in all respects. El C IkEDIT CERTIFICATION: T 1is is to certify that I, Christopher C. Hasty and Frances W. Hasty have not obtained any additional credit not listed on the Final Application. 40074631 WARNING: SECTION 1010 OF TITLE 18, U.S.C., PROVIDES: "WHOEVER, FOR THE PURPOSE OF ... INFLUENCES SUCH ADMINISTRATION... MAKES, PASSES, UTTERS, OR PUBLISHES ANY STATEMENT, KNOWXNG THE SAME TO BE FALSE... SHALL BE FINED NOT MORE THAN $5000 OR IMPRISONED NOT '0� 166382 Page 1 of 2 PCB-104YCB (08/08) MORE, THAN TWO YEARS OR BOTH." I/We ceitify that the above applicable representations are true and correct as of 05/23/2019. v - I - BORROWER - Christopher C. Hasty -DATE - - BORROWER - Frances W. Hasty - DAT -�1� i STATE OF ) ss. COUNTY OF ) Sworn to and subscribed before me this _ day of (Seal) 100 16638.2 Notary Public My Commission Expires: Page 2 of 2 FCB-104.FCB (08/08) TAX RECORD INFORMATION SHEET THIS FORM MUST BE COMPLETED BY TITLE OFFICER, ESCROW OFFICER AND/OR CLOSING ATTORNEY AND SIGNED BY SAME. THIS SHEET MUST RE COMPLETELY FILLED OUT OR IT WILL BE RETURNED FOR COMPLETION. HWs I RUC I IUNS FUH COMPLETION OF TAX RECORDS: 1. Tax legal description must be exactly as shown on tax records. 2. Show only all taxing authority where we are escrowing for payment. 3, Tax bills & Information are obtained from this sheet. Therefore, R must be completed in full, Include any Assessments, Municipal Utility Districts, Ground Rents, etc. that are escrowed for payment. The following Information Is Certified by: Julie G Wickizer DATE---- LOAN# Christopher Clay Hastl Frances Wlifong Hasty TITLEESCROWICLOSING ATTORNEY RECEIVED CURRENTTAX ASSESSMENT BASED ON: AUG 2 0 2019 [ ]ACREAGE [ ]VACANT [ [ PARTIAL CONSTRUCTION [ ] COMPLETE CONSTRU ION LEGAL DESCRIPTION: �CM� CITy SECTION BLOCK LOT(S) 5 TRACT MHD MAP UNIT# TWNSHP RANGE SUBDIVISION METES &BOUNDS [ ]YES f 1NO TYPE OF TAX Coun_ NTaxLAST AMOUNT PAD C , CURRENT TAXES PAID THRU DATE NEXT DUE DATE NEXT AMOUNT ;QDUE �� -THIS AMOUNTS IS ESTIMATE [ ]ACTUAL PAY ENT FREQUENCY; [ ]ANNUAL ( ]SEMI-ANNUAL [ ]QUARTERLY [ ]TRI-ANNUAL TAXING AUTHORITY NAME & ADDRESS: PARCEUPROPERTY ID/rM8# e t C t 6365.16,94.7026000 PARCEUPROPERTY ID/TMS # TYPEOFTAX-CltvTax LASTAMOUNTPAID CURRENT TAXES PAID THRU DATE NEXT DUE DATE NEXT AMOUNT DUE YPA MENT FREQUENCY: -THIS AMOUNTS IN ] STI ATE [ ]ACTUAL ]ANNUAL [ ]SEMI-ANNUAL [ ]QUARTERLY [ ]TRI-ANNUAL TAXING AUTHORITY NAME & ADDRESS: PARCEUPROPERTY ID/TMS # y}t[antic beach 'b2` 6,65.16 94 7026000 ( L• (�1C 1 V PARCEL/PROPERTY ID/TMS # C '1 TYPE OF TAX LAST AMOUNT PAID CURRENT TAXES PAID THRU DATE NEXT DUE DATE NEXT AMOUNT DUE PAYMENT FREQUENCY: -THISAMOUNTSIS[ ]ESTIMATE [ ]ACTUAL [ ]ANNUAL [ ]SEMI-ANNUAL [ ]QUARTERLY [ ]TRI-ANNUAL TAXING AUTHORITY NAME & ADDRESS: PARCEUPROPERTY ID/TMS # PARCEUPROPERTY ID/IMS # Ellie Mae, Inc. Page 1 of 2 OTXI 08v OTxI(CLS) '06/21/2018 08:08 AM PST r' LOAN #: 40074631 TYPE OF TAX LAST AMOUNT PAID CURRENT TAXES PAID THRU DATE NEXT DUE DATE NEXT AMOUNT DUE-THISAMOUNTSIS[ ]ESTIMATE [ ]ACTUAL PAYMENT FREQUENCY: [ ]ANNUAL [ ]SEMI-ANNUAL ( ]QUARTERLY [ ]TRI-ANNUAL TAXING AUTHORITY NAME & ADDRESS: PARCEUPROPERTY ID/TMS # PARCEUPROPERTY ID/TMS # TYPE OF TAX LASTAMOUNT PAID CURRENT TAXES PAID THRU DATE NEXT DUE DATE NEXT AMOUNT DUE THISAMOUNTSIS[ ]ESTIMATE [ ]ACTUAL PAYMENT FREQUENCY- [ ]ANNUAL [ ]SEMI-ANNUAL [ ]QUARTERLY ( ]TRI-ANNUAL TAXING AUTHORITY NAME & ADDRESS: PARCEUPROPERTY ID/TMS # PARCEUPROPERTY ID/TMS# vt'e 'siv 6N AUG 2 � Zu�9 DCM MND C1tY Elbe Mee, Ina Page 2 of 2 GTXI 0817 GTXI(CLS) 0812U2019 06:08 AM PST EXHIBIT "A" Beginning at the point in the northern right of way margin of Lee Street, said point being North 89 degrees 15 minutes West 85 feet from a concrete monument which concrete monument marl the southwest corner of Tract 1 as shown on that certain map of record in Map Book 2, Page 68 and 9, Carteret County Registry; thence from said beginning point North 05 degrees 15 minutes East 218.62 feet to a point in the highwater mark of Bogue Sound; thence along and with the highw�ter mark of Bogue Sound South 86 degrees 26 minutes West 85.78 feet to a point in the highwater mark of Bogue Sound; thence South 05 degrees 15 minutes West 211.87 feet to a point in the northern right of way margin of Lee Street; thence South 89 degrees 15 minutes East with the northern margin of Lee Street 85 feet to the point and place of Beginning. REiCElVE.D AUG 0 p pak r 1 :;ITY See Exhibit A This being the -same -property conveyed to Grantors in Book-931TP-age 6l-�Carteret CounV Registr This IS NOT_X_ the primary residence of the Grantor. The above -described property is conveyed and accepted subject to such easements, restrictions and rights of way as appear of record in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR is seized of the premises in fee simple, has the right to convey the same in fee simple, is marketable and free and clear of all encumbrances, and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF, the GRANTOR has hereuntptlaOisUiPand seal, the day and year first above written. AUG 2 0 N19 DCM-MHD CITY p Sj BY :� I li�"4�� 1 lei t . �. �- (SEAL) Robert Paschal nMember/Manager gf Hoophole Creek BProp. Ltd. Ptnsp. BY: �/` n a. S t-J-` SEAL) Anna Paschal Member/Manager of Hoophole Creek Prop. Ltd, Ptnsp. STATE OF NORTH CAROLINA COUNTY OF 1, a Notary Public of the county and state aforesaid, certify that Robert Paschal and Anna Paschal Member/Manager of Hoophole Creek Prop. Ltd. Ptnsp. personally appeared before me this day and acknowledged the execution of the foregoing instrumev1 Witness my hand and official stamp or seal, this,2U8aI/of My commission expires: O% '7Z-��� `APRIL FElVNELL Notary Public -C� Wake Co., North Carolina of Nota Y Commission Expires Sept, 20.2022 111111 131.1 1310F." lb, RY, l3ri D OF EXISTING DOCK EXISTING DOCK PROFILE ELEVATION SCALE: 1 "=15' 520' -PROPOSED DOCKING FACILITY EXTENSION WALKWAY 6' x 520' FROM END OF EXISTING PROPOSED DOCK PROFILE ELEVATION SCALE: 1 "=15' U z RECEIVED AUG 2 0 Z019 i,DCM MM D CITY zRV � N PROPOSED DOCKING FACILITY PLATFORM z fl z 20' x 20 WITH 13 x13 z BOATLIFT ON EACH SIDEFN , � N NHW CV z NW NE c 0 m W W W W W W W W W W W W W W W W W W W W y W W y y JANE HAMUN W W W W 122 HOOP POLE CREEK DR W W W W W ATLANTIC BEACH, NC W W W W W W W W W W ELIZABETH BULLOCK 120 HOOP POLE CREEK DR ATLANTIC BEACH, NC ELIZABETH CORTEZ 118 HOOP POLE CREEK DR ATLANTIC BEACH, NC EXISTING DOCKING FACILITY W y y W W W- W-y -.,. _____ .� --- ---------.--.-.---------------------------------- -- W W W W W W W W RECEIVED W W W W W W W W W W W WW�yWyWyyyWWWyWyW W .00T,lvO-aW9 W W W W W W W W W W W t. W W W W W W W W W W � '�®®�j®, W W W W W W W W W W W C M-M I W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W -P-r^'-V--h--W---W-•+4-+k--W----------- ------------------- ------------------------------------------------- W W W W W W W W W W W W W W W W W W W W W W W y W W W W W W W y W W W W W W W W W y W y W W W W W W W W W W W W W W W W W W W W W W W EXISTING DOCKING FACILITY W IW W W W W W W W W W W W W W W W W W W W W y W y W W W W W W W W W W W W W W - - - - - - - - - - - - - WW W W — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — COASTAL MARSH W y W y W W RIPARIAN LINE7 W W ELIZABETH CORTEZ W W W 116 HOOP POLE CREEK DR I W W W ATLANTIC BEACH, NC W W W APPROX. EDGE OF CHANNEL W W W EXISTING SEAWALL W W W WATER DEPTH INCREASES A MINIMUM OF W W W W W 1 ONE FOOT EVERY ONE HUNDRED FEET 152' W W520' W --.-.--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------- y W y W y W y EXTENT OF SUB -AQUATIC VEGETATION o BOGUE SOUND PROPERTY LINE W W W APPROX. 310' FROM MARSH EDGE o CHRISTOPHER HASTY 114 HOOP POLE CREEK DR ATLANTIC BEACH, NC ANDAMAC PROPERTIES, LLC W W W x0.0' x0.5' x x1.25' 2.0 - 4.za x4.5 X X X , I W W W W i .1 2.3 2 75 5.5 5.75 x 6.25 5.8 ' W W W W W W W EXISTING DOCKING FACILITY W W PROPOSED DOCKING FA ILITY EXTENSION PROPOSED DOCKING FACILITY PLATFORM —� NORMAL HIGH WATERLINE WALKWAY 6' x 520' FRO END OF EXISTING 20' x 20' WITH 13'x13' W y W y W y W FOLLOWS SEAWALL ALIGNMENT BOATLIFT ON EACH SIDE W W W W t0 W W W - - - - - - - - - - - - - - - - - - - - - - - - - W - - - - - - W W - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W W W W W W EXISTING DOCKING FACILITY LEGEND W W y W W W 112 HOOP POLE CREEK DR I W y W y W y NORTH W W W y W COASTAL MARSH ATLANTIC BEACH, NC W W W y W y W WATER DEPTHS AT LOW TIDE SCALE: 1 "=60' x4.25' W W W W PROPOSED DOCKING FACILITY i C" Cp M ° O � C O .. I,i 2 Q Ld zm 00 V) H Z Z LlJ F_ wQ LL C) M N 4J .0 W W W ��1 W W W W W W W W W -AIANF W W W W W W W W W W W W W W i W _ W W W 122 H900P POLE CREEK DR W W W W W ANTIC BEACH, NC W W W W W W W W W W i i W i i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i W W W W W W W W W i W W W W W W W W ELIZABETH BULLOCK W W W W W W 170 HOOP POLE CREEK DR W W W W W W W ATLANTIC BEACH, NC W 1 W W W W W i W W W W W W W i i W i W W W W W W i W W i W i i i W W W W W W W W W W W W W W W W W W W W W W W i i W i i W i i i W W i --w--._•►`--i-. r4. Yam. _W_ --_- - - - - - - - W i i W i i W i W W W W i W W W W W i W W W W W W W W W W W W W i W W i i W W i W W i W RECEIVED AUG 2 0 Z019 I)CM- AHD CITY ELIZABETH CORTEZ W i W W W W W W W W W EXISTING DOCKING FACILITY 118 HOOP POLE CREEK DR W IW W W W W W W W W ATLANTIC BEACH, NC W W W W W W W W W W W W W W W W W W W i W W i W W _ W i W W COASTAL MARSH W y W W W i RIPARIAN LINE W W ELIZABETH CORTEZ 116 HOOP POLE CREEK DR I W W W APPROX. EDGE OF CHANNEL ATLANTIC BEACH, NC W i i EXISTING SEAWALL W W W W W 152' W W W 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PROPERTY LINE W y W y W y y ROGUE SOUND CHRISTOPHER HASTY I W W W x0.0' x0.5' x x1 25' x2 0' x , x x 114 HOOP POLE CREEK DR W i i �•� 2.3 2.75 3.4 x4.25' x4.5' x4.8' x5.5' 5.75X x58 x6.25' ATLANTIC BEACH, NC W W W EXISTING DOCKING FACILITY W W i i NORMAL HIGH WATERLINE FOLLOWS SEAWALL ALIGNMENT W W W W W W W i i W i i W EXISTING DOCKING FACILITY LEGEND W W W W W W ANDAMAC PROPERTIES, LLC W W 112 HOOP POLE CREEK DR I i i i W W COASTAL MARSH NORTH ATLANTIC BEACH, NC W W W W W W W W W y W y WI SCALE: 1 "=60' x4.25' WATER DEPTHS AT LOW TIDE W W W W W i i 0 N . ME �� Z � N O � c� o2S � z m v v c L