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HomeMy WebLinkAboutWI0800435_Renewal (Application)_20201028North Carolina Department of Environmental Quality Division of Water Resources PERMIT NAME/OWNERSHIP CHANGE APPLICATION FORM I. INSTRUCTIONS 1. Complete this form in its entirety as follows: (a) Change of Ownership — Provide the information in Parts R and III and submit legal documentation of the transfer of ownership such as a contract, deed, article of incorporation, etc. The certifications in part IV must be signed by both the current permit holder, if available, and the new applicant(s). (b) Name Change Only — Provide the information in Parts II and III. Sign the certification for the new applicant in part IV.2. 2. Submit the properly completed form to the address on bottom of Page 2. IL CURRENT PERMIT INFORMATION 1. Permit Number:XaZry 81QDJ-5* 2. Permittee name(s): 3. For Business/Governmental Agency- Permit sighing official's name and ti (Person legally responsible for permit) 4. Mailing Address: CityAu2&'d /State: AeIC Zip: $ 4143 Telephone number: %b 79S. 9?A?b Fax number: �) EMAIL Address: !i!!i Gea i•cowK 5. Physical Address of Faci ityell(s) (if different than mailing address) N. City: III. NEW OWNER / NAME INFORMATION County:.. 1. Thisrequestfor a permit change is a result of ✓ a. Change in ownership of property/company 0 _ b. Name change only Zip: _ c. Other (please explain): awaer da c e o s ed Permit/Name Change of Ownership Form Rev. 2-18-2020 ReCalft OCr j 6 2020 Co tra �� Page 1 New Owner's name(s) as listed on the property deed (Please Print/or Type): If Business or Governmental Agency- Permit signing official's name and title: (Person legally responsible for permit) 4. Mailing Address L$-Ik- City: /State: A. Zip: S V V3 Day/Cell Phone No. ( /,b) 79-6 , $2 9d Fax number: _A1,4 EMAIL Address: o r►t vs �+r.TI o,w9X; . COOK IV. CERTIFICATION 1. Current Permittee's Certification (Please print or type): I, . attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I understand I will continue to be responsible for compliance with the current permit until a new permit is issued. 2. New Applicant(s)'s Certification (Please pri t or type): I/We, 1 i , attest that this application for name/ownership change been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify that I will operate and maintain the permitted facility in accordance with the permit and related regulatory requirements. S C--) A .. V Signature: Signature: SUBMIT THE COMPLETE APPLICATION PACKAGE VIA ONE OF THE FOLLOWING METHODS: U.S. Postal Service: Courier / Special Delivery / In Person: Ground Water Resources Section Ground Water Resources Section NC Division Of Water Resources NC Division Of Water Resources 1636 Mail Service Center 512 North Salisbury Street Raleigh, NC 27699-1636 Raleigh, NC 27604 Telephone Number: (919) 707-9000 Permit/Name Change of Ownership Form Rev. 2-18-2020 Page 2 North Carolina Department of Environmental Quality Division of Water Resources PERMIT NAME/OWNERSHIP CHANGE APPLICATION FORM L INSTRUCTIONS 1. Complete this form in its entirety as follows: (a) Change of Ownershif — Provide the information in Parts 11 and III and submi a yd entation of the transfer of ownership such as a contract, deed, article of incorporation, etc�e certificates in part IV must be signed by both the current permit holder, if available, and the new applic � (b) Name Change Only,— Provide the information in Parts H and III. Sign the ce �Por the new applicant in part IV.2. G 2. Submit the properly completed form to the address on bottom of Page 2 1 U. CURRENT PERMIT INFORMATION 1. Permit Number: jAIIl18QjZ35' ` 2. Permittee name(s): Cs i 3. For Business/Governmental Agency- Permit signing official's name and title: (Person legally responsible for permit) 4. Mailing City: ��IarState: A& Zip: N3 Telephone number: Fax number: �) EMAIL Address: h1[/hr� ou.t �.cawt 5. Physical Address of Faci ty ell(s!) (if different than mailing address) Q 5 10 City: III. NEW OWNER/NAME INFORMATION County: 1. Thisrequestfor a permit change is a result of ✓ a. Change in ownership of property/company b. Name change only n C. Other (please explain): 2. Zip: Permit/Name Change of Ownership Form Rev. 2-18-2020 Page 1 New Owner's name(s) as listed on the property deed (Please Print/or Type): 3. If Business or Governmental Agency- Permit signing official's name and title: (Person legally responsible for permit) 4. Mailing Address: i gyp( G �i�iTl� City: mA5i� /State: AIZip: $ Day/Cell Phone No. c ?& 79-S , $2 9_ Fax number: (� _ A14 EMAIL Address: t�d rep, ori IV. CERTIFICATION 1. Current Permittee's Certification (Please print or type): 1, . attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I understand I will continue to be responsible for compliance with the current permit until a new permit is issued. New Applicant(s)'s Certification (Please p ' t or type): UWe, 1 ' , attest that this application for name/ownership change been reviewed and is accurate and complete to the best of my knowledge. I understand that if all require- parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify that I will operate and maintain the permitted facility in accordance with the permit and related regulatory requirements. a _ Signature: Signature: SUBMIT THE COMPLETE APPLICATION PACKAGE VIA ONE OF THE FOLLOWING METHODS: U.S. Postal Service: Ground Water Resources Section NC Division Of Water Resources 1636 Mail Service Center Raleigh, NC 27699-1636 Courier / Sj2ecial Deliver / In Person: Ground Water Resources Section NC Division Of Water Resources 512 North Salisbury Street Raleigh, NC 27604 Telephone Number: (919) 707-9000 PermiVName Change of Ownership Form Rev. 2-18-2020 page 2 North Carolina Department of Environmental Quality — Division of Water Resources APPLICATION FOR A PERMIT TO CONSTRUCT OR OPERATE INJECTION WELL(S) In Accordance With the Provisions of 15A NCAC 02C .0224 GEOTHERMAL HEATING/COOLING WATER RETURN WELL S These well(s) inject groundwater directly into the subsurface as part of a geothermal heating and cooling system CHECK ONE OF THE FOLLOWING: New Application __ZRenewal* Modification Permit Rescission Request* *For Permit Renewals or Rescission Request, complete Sections A thru E. and M (signature page) only Print or Type Information and Mail to the Address on the Last Page. -A. Illegible Applications Will Be Returned As Incomplete. DATE: 20__g 6_ PERMIT NO. 1 ' DgDb 4�leave blank if New Application) A. B. C. CURRENT WELL USE & OWNERSHIP STATUS (Leave Blank if New WelUPermit Application) 1. Current Use of Well a. I wish to continue to use the well as YeGeothennal Well ❑ Drinking Water Supply Well ❑ Other Water Supply Use- Indicate use (i.e., irrigation, etc.) b. Terminate Use: If the well is no longer being used as a geothermal injection well and you wish to rescind the permit, check the box below. If abandoned, attach a copy of the Well Abandonment Record (GW-30). ❑ Yes, I wish to rescind the permit 2. Current Ownership Status Has there been a change of ownership since permit last issued? Eaoo�ES ❑ NO If yes, indicate New Owner's contact information: Name(s) 1 ir h Mailing Address: City: State:_A�CZip Code: 2 841Y3 County:�eader Day Tele No.: g/�. ��S . Sx4[� Email Address.: d� Gwr7T.,,�, m ►rrsrii, COm STATUS OF APPLICANT (choose one) Non -Government: Individual Residence --le-1 Business/Organization Government: State Municipal County Federal WELL OWNER(S)IPERMIT APPLICANT — For single family residences, list all persons listed on the property deed. For all others4 list name of business/agency and name of person and title with delegated authoritv to sign: Mailing Address: City: State: & Zip Code:XB f�*& _County: .10 I" Day Tele No.: Cell No.: 7f-C. 62 90 _ EMAIL Address: Fn.,'.r.. • -)Id Geothermal Water Return Well Permit Application Rev. 4-15-2016 Page I 0 D. WELL OPERATOR (if different from well owner) — For single family residences, list all persons listed on the property deed. For all others, list name business/agency and name ofperson and title with delegated authority to sign: SQ.b►fe �c .r) e, Mailing Address: City: State: Zip Code: County: Day Tele No.: Email Address.: E. PHYSICAL LOCATION OF WELL(S) SITE (1) Parcel Identification Number (PIN) of well site: County: _ R , od er (2) Physical Address (if different than mailing address):. G City: County Zip Code: F WELL DRILLER INFORMATION Well Drilling Contractor's Name: NC Well Drilling Contractor Certification No.: Company Name:.. Contact Person: Address: City: _ _ Zip Code: Office Tele No.: Cell No.: EMAIL Address: State: County: Fax No.. G. HVAC CONTRACTOR INFORMATION (if different than driller) HVAC Contractor's Name: NC HVAC Contractor License No.: Company Name:__ Contact Person_ EMAIL Address: Address: City: Zip Code: _ State: County: Office Tele No.: Cell No.: Fax No.: H. WELL USE Will the injection well(s) also be used as the supply well(s) for the following? (1) The injection operation? YES NO (2) Personal consumption? YES NO I. WELL CONSTRUCTION REQUIREMENTS —As specified in 15A NCAC 02C .0224(d): (1) The water supply well shall be constructed -in accordance with the water supply well requirements of 15A NCAC 02C .0107. (2) If a separate well is used to inject the heat pump effluent, then the injection well shall be constructed in accordance with the water supply well requirements of 15A NCAC 02C .0107, except that: Geothermal Water Return Well Permit Application Rev. 4-15-2016 Page 2 NOTE. Inmost cases an aerial photograph of the property parcel showing property lines and structures can be obtained and downloaded from the applicable county GIS website Typically, the property can be searched by owner name or address. The location of the wells in relation to property boundaries, houses, septic tanks, other wells, etc. can then be drawn in by hand Also, a `layer' can be selected showing topographic contours or elevation data M. CERTIFICATION (to be signed as required below or by that person's authorized agent) 15A NCAC 02C ..021 L e , requires that all permit applications shall be signed as follows: 1. for a corporation: by a responsible corporate officer; 2. for a partnership or sole proprietorship: by a general partner or the proprietor, respectively; 3. for a municipality or a state, federal, or other public agency: by either a principal executive officer or ranking publicly elected official; 4. for all others: by all the person(s) listed on the proggM deed. If an authorized agent is signing on behalf of the applicant, then supply a letter signed by the applicant that names and authorizes their agent to sign this application on their behalf. "I hereby certify, under penalty of law, that I have personally examined and am familiar with the information submitted in this document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining said information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties, including the possibility of fines and imprisonment, for submitting false information. I agree to construct, operate, maintain, repair, and if applicable, abandon the injection well and all related appurtenances in accordance with the approved specifications and conditions of the Permit." Signature of Property Print or Type Full Nam and Title �1 Sig r of Prope wner pplicant fA;-4 m;-f� Print & Type Full Name and Title Signature of Authorized Agent, if any Print or Type Full Name and Title Submit two copies of the completed application package to: Division of Water Resources - UIC Water Quality Regional Operations Section (WQROS) 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone (919) 807-6464 Geothermal Water Return Well Permit Application Rev. 4-15-2016 Page 4 North Carolina Department of Environmental Quality — Division of Water Resources APPLICATION FOR A PERMIT TO CONSTRUCT OR OPERATE INJECTION WELL(S) In Accordance With the Provisions of ] ^^^" GEOTHERMAL HEATING/COOLING WATER RETURN WELL S These well(s) inject groundwater directly into the subsurface as part of a geothermal heating and cooling system CHECK ONE OF THE FOLLOWING: New Application _Renewal* Modification Permit Rescission Request* *For Permit Renewals or Rescission Request, complete Sections A thru E. and M (signature page) only Print or Type Information and Mail to the Address on the Last Page. Illegible Applications Will Be Returned As Incomplete. DATE: , 20� PERMIT NO. 4%� 0 Bob 4 ( leave blank if New Application) A. CURRENT WELL USE & OWNERSHIP STATUS (Leave Blank if New Well/Permit Application) 1. Current Use of Well a. I wish to continue to use the well as Geothermal Well ❑ Drinking Water Supply Well ❑ Other Water Supply Use- Indicate use (i.e., irrigation, etc.) b. Terminate Use: If the well is no longer being used as a geothermal injection well and you wish to rescind the permit, check the box below. If abandoned, attach a copy of the ��jl Abandonment Record (GW-30). ❑ Yes, I wish to rescind the permit OCT 26 2020 2. Current Ownership Status / NC DEGUDWR Has there been a change of ownership since permit last issued? Z!YES ❑ lf&ntral OMW If yes, indicate New Owner's contact information: Name(s) 1 f�•7� Mailing Address: / I City: arMdSrQ,4�State:�ZipCode: 2S4(V3/ County:` d Day Tele No.: q!d . 7�� Gz9b Email Address.: a Corn B. STATUS OF APPLICANT (choose one) Non -Government: Individual Residence _V_/ Business/Organization Government: State Municipal County Federal C. WELL OWNER(S)/PERMIT APPLICANT — For single family residences, list all persons listed on the property deed. For all others, list name of business/agency and name of person and title with delegated authority to sign: _ S "r k Mailing Address: Yt& row&i l�fit a.e� City: _ A .d s/ear c� State: Al_ Zip Code: O8 Vf & County: 1'0e1#t/411e/" Day Tele No.: 11 / Cell No.: _0 EMAIL Address: Fax No.: AA4 Geothermal Water Return Well Permit Application Rev. 4-15-2016 Page 1 t D. WELL OPERATOR (if different from well owner) — For single family residences, list all persons listed on the property deed. For all others, list name business/agency and name of person and title with delegated authority to sign: e2 Ca4, we CP"' Mailing Address: City: State: Zip Code: County: Day Tele No.: Email Address.: E. PHYSICAL LOCATION OF WELL(S) SITE F (1) Parcel Identification Number (PIN) of well site: V2DZ--,:5% 2/"S ooad County: er (2) Physical Address (if different than mailing address): ,Sq,�rtc ar s ,�y City: County Zip Code: WELL DRILLER INFORMATION Well Drilling Contractor's Name: NC Well Drilling Contractor Certification No.: Company Name Contact Person: Address: City: Office Tele No.: EMAIL Address: Zip Code: State: County: _ Cell No.: Fax No.: G. HVAC CONTRACTOR INFORMATION (if different than driller) HVAC Contractor's Name: NC HVAC Contractor License No.: Company Name: Contact Person: Address: City: Office Tele No.: EMAIL Address: Zip Code: State: County: Cell No.: Fax No.: H. WELL USE Will the injection well(s) also be used as the supply well(s) for the following? (1) The injection operation? YES _ NO (2) Personal consumption? YES NO I. WELL CONSTRUCTION REQUIREMENTS — As specified in 15A NCAC 02C .0224(d): (1) The water supply well shall be constructed in accordance with the water supply well requirements of 15A NCAC 02C .0107. (2) If a separate well is used to inject the heat pump effluent, then the injection well shall be constructed in accordance with the water supply well requirements of 15A NCAC 02C .0107, except that: Geothermal Water Return Well Permit Application Rev. 4-15-2016 Page 2 NOTE. Inmost cases an aerial photograph of the property parcel showing property lines and structures can be obtained and downloaded from the applicable county GIS website. Typically, the property can be searched by owner name or address. The location of the wells in relation to property boundaries, houses, septic tanks, other wells, etc. can then be drawn in by hand. Also, a `layer' can be selected showing topographic contours or elevation data M. CERTIFICATION (to be signed as required below or by that person's authorized agent) 15A NCAC 02C .0211te] requires that all permit applications shall be signed as follows: 1. for a corporation: by a responsible corporate officer; 2. for a partnership or sole proprietorship: by a general partner or the proprietor, respectively; 3. for a municipality or a state, federal, or other public agency: by either a principal executive officer or ranking publicly elected official; 4. for all others: by all the erson s listed on the propeny deed. If an authorized agent is signing on behalf of the applicant, then supply a letter signed by the applicant that names and authorizes their agent to sign this application on their behalf. "I hereby certify, under penalty of law, that I have personally examined and am familiar with the information submitted in this document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining said information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties, including the possibility of fines and imprisonment, for submitting false information. I agree to construct, operate, maintain, repair, and if applicable, abandon the injection well and all related appurtenances in accordance with the approved specifications and conditions of the Permit." Signature of Properrtty+ Qfi7i Re —p lican `" nev Print or Type Full Nw and Title L SigralaturAf of Property Owner/Applicant / (! 5m :71j� Print ol Type Full Name and Title Signature of Authorized Agent, if any Print or Type Full Name and Title Submit two copies of the completed application package to: Division of Water Resources - UIC Water Quality Regional Operations Section (WQROS) 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone (919) 807-6464 Geothermal Water Return Well Permit Application Rev. 4-15-2016 Page 4 BK 4693 PG 2569 - 2587 (19) DOC# 20054197 This Document eRecorded: 09/23/2019 11:35:31 AM Fee: $64.00 DocType: D/T Tax: $0.00 Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds i This instrument Prepared By: Cheryl Welch 3940 N RAVENSWOOD CHICAGO ILLINOIS 60613 After Recording Return To: GUARANTEED RAPE, INC. 4410 N. RAVENSWOOD AVE. CHICAGO, ILLINOIS 60640 Loan Number: 192625394 MIN: 100196399021413313 DEFINITIONS DEED OF TRUST a .V w,�, attt►"���`'°� ME1RS Phone: 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 SEPTEMBER 1s, 201-9 together with all Riders to this document. (B) "Borrower" is David Grey Smith, married Borrower is the trustor under this Security Instrument. (C) "Lender"is GUARANTEED RATE, INC. Lender is a DELAWARE CORPORATION organized and existing under the laws of DELAWARE Lenders address is 3940 N RAVENSWOOD, CHICAGO, ILLINOIS 60613 (C-1) The name of the Mortgage Broker is no mortgage broker NORTH CAROLINA - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT - MERS � � DocMaft c Form 3034 1101 Page 1 of 14 , docmagic.com submitted electronically by "Collins and Collins Law offices, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Pender county Register of Deeds. BK 4693 PG 2570 DOC# 20054197 (D) '°Prustee"is Collins & Collins Law Offices PLLC 215 Racine Dr. Ste. 101, Wilmington, North Carolina 28403 (>) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Iustrunreut. 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, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 18, 2019 The Note states that Borrower owes Lender TWO HUNDRED SEVENTY-FIVE THOUSAND AND 00/100 Dollars (U.S. $275, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2049 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (II) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (11) "Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ff] Planned Unit Development Rider ❑ Balloon Rider ❑ Biweekly Payment Rider ❑ 1-4 Family Rider ❑ Second Home Rider RECEIVED ❑ Condominium Rider ❑ Other(s) [specify] OCT 2 6 2020 NC DELI/DWR (3) "Applicable Law" means all controlling applicable federal, slate and local statutecar iPffVdinances 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, Fces, 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, point -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: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payntent" 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. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et sect.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from lime to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, NORTH CAROLINA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT - MERS DocMagi'c Form 3034 1/01 Page 2 of 14 www.docmagtc.com BK 4693 PG 2571 DOC# 20054197 "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" tinder RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's stiecessors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, andall renewals, extensions and modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in the COUNTY of Pender , ITypc of Recording Amisdiction] [Name of Recording Jurisdiction] SITE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". A.P.N'.: 4202-59-2165-0000 & 4202-59-3095-0000 which currently has the address of 710 BROWN PELICAN LN Istreetl HAMPSTEAD , North Carolina 28443 ("Property Address"): [City] [Z1p Code] TO HAVE AND TO HOLD this property unto Trustee and'frustee'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 hnstrnment as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security instrument, but, if necessary to comply with law or custom, MERS (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 lawfitlly seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. NORTH CAROLINA - Single Family - Fannie MaelFreddle Mae UNIFORM INSTRUMENT - MERS DoeMe Ic CFcvm Form 3034 1101 age 3 of 14 www.d66msg1c.com BK 4693 PG 2572 DOC# 20054197 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier' s check, provided any such elieck is drawn upon an inst itution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (a) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due tinder the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly finrnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender NORTH CAROLINA - Single Family - Fannie MaelFmddie Mac UNIFORM INSTRUMENT - MERS Pocmaglc C'vr Form 3034 1101 Page 4 of 14 www.dooinVio.COM BK 4693 PG 2573 DOC# 20054197 Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall them be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and (told Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Finds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. Iftherc is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, Ieasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall 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 14 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. NORTH CAROL[NA - Single Family - Fannie MaelFreddte Mac UNIFORM INSTRUMENT - MERS DocMagic Font 3034 1/01 Paga 5 of 14 www:docmagic.com BK 4693 PG 2574 DOC# 20054197 5. Property Insurance. Borrower shalt keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and For the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time rcmappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secures[ by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does nut respond within 30 days to a notice from Lender that the insurance can•ior has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given, In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Nate 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) tinder all insurance policies covering the Property, insofar as such rights NORTH CAROLINA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT - MERS DoeMePia t FWVW Form 3034 1101 Page 6 of 14 www.docmagfc.corn BK 4693 PG 2575 DOC# 20054197 are applicable to the coverage of the Property. Lender may use (lie insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid fi►rther deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. if the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may makereasonable enh•ies upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying s<►ch reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of (lie Property, and securing and/or repairing the Property. Lender's actions can include, but arenot limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other codeviolations or dangerous conditions, and haveutilities 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. NORrti CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMaglcLr?=v= Form 3034 1101 Page 7 of 14 www.docmaglc.com BK 4693 PG 2576 DOC# 20054197 10. Mortgage h►surance. If Lender required Mortgage hnsurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage insurance previously in effect, from an alternate mortgage insurer selected by Lender, If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to bein 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 fill, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, if permitted under Applicable Law. Lender can no longer require loss reservepayinents if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted under Applicable Law, or to provide a non-refundable loss reserve, until Lender's 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 Applicable Law. Nothing in tinis Section 10 affects Borrower's obligation to pay interest at tine rate provided in the Note. Mortgage insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a 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 ling 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 Inst rancepremiums 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 tile. 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 NORTH CAROLINA - Single Family - Fannie We/Freddie Mac UNIFORM INSTRUMENT - MERS Forrn 3034 1101 Page 8 of 14 DocMagfc P4s www. docma& con BK 4693 PG 2577 DOC# 20054197 or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender' s security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security histrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall bereduced 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 notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in 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 Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture 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 or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"); (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not NORTH CAROLINA - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT - MERS nocMaglc Form 3034 1l01 Page 9 of 14 www.docmaglacom BK 4693 PG 2578 DOC# 20054197 personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability tinder this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. hi regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower sball only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of tine jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial NORTH CAROLINA - Single Family - Fande Mae/Fraddle Mac UNIFORM INSTRUMENT - MERS 1JocMaplc Form 3034 1101 Page 10 of 14 www.doomagic.com BK 4693 PG 2579 DOC# 20054197 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 inunediate 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 accordancewith Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. IfBorrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may -reasonably require to assure that Lender' s interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selectedby Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply ii the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be madeand any other information RE SPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and arenot assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requ irements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after [lie giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. NORTH GAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS aocMa is eftw= Form 3034 1/01 Page 11 of 14 wmv.docmagfc.corn BK 4693 PG 2580 DOC# 20054197 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). 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 Borrowerbas actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private patty, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration ender Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the suns secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at Its option may require immediate payment fit full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, and if it is determined In a hearing field in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand oil Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase file 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 NORTH CAROLINA - Single Family - Fannie MaelFreddie Mae UNIFORM INSTRUMENT - MERS Ooemagic Form 3034 1101 Page 12 of 14 www.ddcmaglc.corn BK 4693 PG 2581 DOC# 20054197 of the statements made therein. Trustee shall apply the proceeds of the sale in the following order. (a) to all expenses of the sale, including, but not limited to, Trustee's fees of 5.000 %of tile, gross sale price; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this Security Instrument, If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Pees. 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. _.(Seal) David Grey` jmi h ,<Borrower Witness - d7. (mil) Cynthia Cassell Smith -Borrower Witness NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOCKagle 4ffitRMR'its Form 3034 1101 Flags 13 of 14 www.docmagic.com BK 4693 PG 2582 DOC# 20054197 NORTH CAROLINA Pender [Space Below This Line For Acknowledgment] f County. 1, ROW- G. (]� I 1 t N s , do hereby certify that (name ofnotariAng official and his official title) David Grey Smith AND Cynthia Cassell Smith Qicre give the name of the indkidual whose acknowledgment is being taken) personally appeared before me this day and acknowledged the due execution of the foregoing instrument (or attached document __ _- __). (description ofdonimenl) Witness my hand and (where an official seal is required by law) official seal this the 18th day of SEPTEMBER, 2019 (month/year). a�uNs G '' � Z ;ocL �'Q�� 8 Mi HANfl��,•��"`�r (Official Seal) (Official Signature of Notary) kq6a'- v - (�'l I lnS , Notary Public (Notary's printed or typed mine) My commission expires: — - I I I! w . Loan Originator: Adam Slack, MMLSR ID 203603 Loan Originator Organization: Guaranteed Rate, Inc, NMLSR ID 2611 NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOWSU c eraffum Form 3034 1101 www.docmagic.com Page 14 of 14 BK 4693 PG 2583 DOC# 20054197 Loan Number: 192625394 Date: SEPTEMBER 18, 2019 Property Address: 710 BROWN PELICAN Ltd HAMPSTEAD, NORTH CAROLINA 28443 EXHIBIT "A" LEGAL DESCRIPTION A.P.N. # : 4202-59-2165-0000 & 4202-59-3095-0000 DocMagk Mw" ivivw.docmagfc.com BK 4693 PG 2584 DOC# 20054197 Exhibit "A" Tract One: Being all of Lot 38R, as shown on map entitled "Recombination Plat for Dlde Point Section 6" recorded in Map Book 58, Page 97, Pender County Registry. Subject to the Declaration of Restrictions recorded in Book 722 at Page 100 of the Pender County. Registry; Subject, Also, to the Articles of Association of Section 6, Homeowners Association as recorded in Book 722 at Page 101 of said Registry. Tract Two:. Being all of Lots 52 and 53 Revised as shown on the map entitled "Resurvey, Combination, and Redivision of a Portion of Sidbury Acres" recorded in Map Book 24 at Page 38 of the Pender County Registry, reference to which is hereby made for a more particular description. BK 4693 PG 2585 DOC# 20054197 Loan Number: 192625394 71.0 BROWN PELICAN LN APN: 4202-59-2165-0000 & 4202-59-3095-0000 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this lath day of SEPTEMBER, 2019 , and is incorporated into and sliall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to GUARANTEED RATE, INC., A DELAWARE CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 710 BROWN PELICAN LN, HAMPSTEAD NORTH CAROLINA 28443 [Prouty Atdressi The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD (the "Declaration"). The Property is a part of a planned unit development known as Olde Point IName of Planned Unit Developmentl (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVIJNANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obllgatlons. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and MULTISTATE PUD RfDER - Single 1=amlly DocMagfc Cbqmvm Fannfe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3150 1101 Page 1 of 3 BK 4693 PG 2586 DOC# 20054197 which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public 1-lability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (H) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self -management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall bepayable, with interest, upon notice from Lender to Borrower requesting payment. MULTISTATE PUD RIDER - Single Family Fannfe MaefFreddie Mac UNIFORM INSTRUMENT Form 3150 1f011 Page 2 of 3 DocMaglc BK 4693 PG 2587 DOC# 20054197 BY SIGNh IG BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Rider. David Gr6,, m th -borrower C i�. tia—Cassell Smith -Borrower MULTISTATE PUD RIDER - Single Family Fannie mae/Freddie Mae UNIFORM INSTRUMENT Form 3150 1/01 Page 3 of 3 aocMajlc